Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 394.453 - Full Text and Legal Analysis
Florida Statute 394.453 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 394.453 Case Law from Google Scholar Google Search for Amendments to 394.453

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
F.S. 394.453
394.453 Legislative intent.
(1) It is the intent of the Legislature:
(a) To authorize and direct the Department of Children and Families to evaluate, research, plan, and recommend to the Governor and the Legislature programs designed to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders.
(b) That treatment programs for such disorders include, but not be limited to, comprehensive health, social, educational, and rehabilitative services to persons requiring intensive short-term and continued treatment in order to encourage them to assume responsibility for their treatment and recovery. It is intended that:
1. Such persons be provided with emergency service and temporary detention for evaluation when required;
2. Such persons be admitted to treatment facilities on a voluntary basis when extended or continuing care is needed and unavailable in the community;
3. Involuntary placement be provided only when expert evaluation determines it is necessary;
4. Any involuntary treatment or examination be accomplished in a setting that is clinically appropriate and most likely to facilitate the person’s return to the community as soon as possible; and
5. Individual dignity and human rights be guaranteed to all persons who are admitted to mental health facilities or who are being held under s. 394.463.
(c) That services provided to persons in this state use the coordination-of-care principles characteristic of recovery-oriented services and include social support services, such as housing support, life skills and vocational training, and employment assistance, necessary for persons with mental health disorders and co-occurring mental health and substance use disorders to live successfully in their communities.
(d) That licensed, qualified health professionals be authorized to practice to the fullest extent of their education and training in the performance of professional functions necessary to carry out the intent of this part.
(2) It is the policy of this state that the use of restraint and seclusion on clients is justified only as an emergency safety measure to be used in response to imminent danger to the client or others. It is, therefore, the intent of the Legislature to achieve an ongoing reduction in the use of restraint and seclusion in programs and facilities serving persons with mental illness.
(3) The Legislature further finds the need for additional psychiatrists to be of critical state concern and recommends the establishment of an additional psychiatry program to be offered by one of Florida’s schools of medicine currently not offering psychiatry. The program shall seek to integrate primary care and psychiatry and other evolving models of care for persons with mental health and substance use disorders. Additionally, the Legislature finds that the use of telemedicine for patient evaluation, case management, and ongoing care will improve management of patient care and reduce costs of transportation.
History.s. 2, ch. 71-131; s. 198, ch. 77-147; s. 1, ch. 79-298; s. 4, ch. 82-212; s. 2, ch. 84-285; s. 10, ch. 85-54; s. 1, ch. 91-249; s. 1, ch. 96-169; s. 96, ch. 99-8; s. 36, ch. 2006-227; s. 77, ch. 2014-19; s. 1, ch. 2016-231; s. 4, ch. 2016-241.

F.S. 394.453 on Google Scholar

F.S. 394.453 on CourtListener

Amendments to 394.453


Annotations, Discussions, Cases:

Cases Citing Statute 394.453

Total Results: 18

Westerheide v. State

831 So. 2d 93, 2002 WL 31319386

Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 1722942

Cited 151 times | Published

"to the community as soon as possible." See id. § 394.453. We conclude that the specialized treatment needs

In Re Beverly

342 So. 2d 481, 97 A.L.R. 3d 767

Supreme Court of Florida | Filed: Jan 27, 1977 | Docket: 58586

Cited 67 times | Published

and responsible family members and friends. Section 394.453, Florida Statutes (1973), provides that involuntary

Lukehart v. State

70 So. 3d 503, 2011 WL 2472801

Supreme Court of Florida | Filed: Jun 23, 2011 | Docket: 2352980

Cited 31 times | Published

State, 497 So.2d 1169 (Fla.1986). A review of section 394.453, Florida Statutes (1995), reveals that the

Paddock v. Chacko

522 So. 2d 410, 1988 WL 10830

District Court of Appeal of Florida | Filed: Feb 18, 1988 | Docket: 2516537

Cited 22 times | Published

intervention in the provision of mental health care. See § 394.453(1)(a), Fla. Stat. (1985). [7] "Incidit in Scyllam

Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Society, Inc.

382 So. 2d 1280

District Court of Appeal of Florida | Filed: Apr 16, 1980 | Docket: 2538809

Cited 14 times | Published

authorized by that Chapter. We next consider Section 394.453, Florida Statutes (1977), the "legislative

Loucks v. Adair

312 So. 2d 531

District Court of Appeal of Florida | Filed: May 20, 1975 | Docket: 1412416

Cited 7 times | Published

part of the leglisative intent, as expressed in F.S. 394.453, `that individual dignity and human rights be

State v. Roberson

884 So. 2d 976, 2004 WL 2071196

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1683028

Cited 4 times | Published

mental, emotional and behavioral disorders. See § 394.453, Fla. Stat. (2003). The clinical records associated

CN v. State

433 So. 2d 661

District Court of Appeal of Florida | Filed: Jun 28, 1983 | Docket: 1727551

Cited 4 times | Published

but also finds at the same time that under Section 394.453 the less restrictive means of outpatient care

Tribune Co. v. DML

566 So. 2d 1333, 1990 WL 126201

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 547969

Cited 3 times | Published

avoid substantial injury to D.M.L. See Barron. Section 394.453(1)(a), Florida Statutes (1987), provides in

Doe v. State

210 So. 3d 154

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426655

Published

mental health care, services, and treatment. § 394.453(l)(a), (b). As part of the process, individuals

WM v. State

992 So. 2d 383, 2008 WL 4525772

District Court of Appeal of Florida | Filed: Oct 10, 2008 | Docket: 1391387

Published

based on the individual needs of each person." § 394.453, Fla. Stat. Where a person is committed to short-term

W.M. v. State

992 So. 2d 383, 2008 Fla. App. LEXIS 15416

District Court of Appeal of Florida | Filed: Oct 10, 2008 | Docket: 64855800

Published

based on the individual needs of each person.” § 394.453, Fla. Stat. Where a person is committed to short-term

Sanchez v. State

949 So. 2d 1059, 2007 Fla. App. LEXIS 51, 2007 WL 5784

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 64849489

Published

potentially harmful to themselves or others, see § 394.453, Fla. Stat. (1986)("It is intended that ... any

Ago

Florida Attorney General Reports | Filed: Nov 9, 1999 | Docket: 3257188

Published

mental, emotional, and behavioral disorders.4 Section 394.453, Florida Statutes, directs the Department of

Ago

Florida Attorney General Reports | Filed: Aug 2, 1993 | Docket: 3256179

Published

sources for reimbursement are not available. Section 394.453, F.S., directs the Department of Health and

McCall v. DEPT. OF HEALTH & REHAB. SERV.

536 So. 2d 1098, 1988 WL 124700

District Court of Appeal of Florida | Filed: Nov 23, 1988 | Docket: 1754358

Published

in caring for patients, in accordance with section 394.453, Florida Statutes, and that its decisions with

C.N. v. State

433 So. 2d 661, 1983 Fla. App. LEXIS 19767

District Court of Appeal of Florida | Filed: Jun 28, 1983 | Docket: 64597865

Published

but also finds at the same time that under Section 394.453 the less restrictive means of outpatient care

In Re Holland

356 So. 2d 1311

District Court of Appeal of Florida | Filed: Mar 31, 1978 | Docket: 1478822

Published

the purpose of the Baker Act as stated in Section 394.453, Florida Statutes (1975), which is to treat