Florida Statutes

Fla. Stat. § 394.453 (2025)

Legislative intent.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1975–2022 · leading case: Lukehart v. State, 70 So. 3d 503 (Fla. 2011).

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Lukehart v. State, 70 So. 3d 503 (Fla. 2011). · cites it 6× “§ 394.453, Fla. Stat. (1995). The legislative intent has since been amended; however, it is still devoid of a clear, unequivocal intent that the exclusionary rule operate to suppress any evidence obtained during a violation of the Baker Act.”

In Re Beverly, 342 So. 2d 481 (Fla. 1977). · cites it 2× “Section 394.453, Florida Statutes (1973), provides that involuntary hospitalization is to be ordered only when it is determined to be necessary.”

Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “§ 394.453. We conclude that the specialized treatment needs of sexually violent predators and the high risk that they pose to the public if not committed for long-term control, care, and treatment justify the Legislature's separate classification and treatment scheme.”

Paddock v. Chacko, 522 So. 2d 410 (Fla. 5th DCA 1988). · cites it 2× “See § 394.453(1)(a), Fla. Stat. (1985). [7] "Incidit in Scyllam qui vult vitare Charybdim.”

Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Soc'y, Inc., 382 So. 2d 1280 (Fla. 1st DCA 1980). · cites it 2× “We next consider Section 394.453, Florida Statutes (1977), the "legislative intent" portion of the Baker Act, which contains the following provision: ".”

State v. Roberson, 884 So. 2d 976 (Fla. 5th DCA 2004). · cites it 2× “See § 394.453, Fla. Stat. (2003). The clinical records associated with Baker Act commitments are required to be confidential, except under very limited circumstances.”

Doe v. State, 210 So. 3d 154 (Fla. 2d DCA 2016). · cites it 2× “§ 394.453(1)(a), (b). As part of the process, individuals meeting certain criteria may be taken to a receiving facility for involuntary examination.”

In Re Holland, 356 So. 2d 1311 (Fla. 3d DCA 1978). · cites it 2× “To allow a patient to remain at liberty prior to a hearing on involuntary hospitalization or subsequent to a final order of commitment runs counter to the purpose of the Baker Act as stated in Section 394.453, Florida Statutes (1975), which is to treat the mentally ill and to do…”

Harris v. Bush, 106 F. Supp. 2d 1272 (N.D. Fla. 2000). “§§ 394.453, .457(2)-(6), .4572, .4574(2), .”

Loucks v. Adair, 312 So. 2d 531 (Fla. 1st DCA 1975). “This is part of the leglisative intent, as expressed in F.S. 394.453, `that individual dignity and human rights be guaranteed to all persons admitted to mental health facilities'.”

W.M. v. State, 992 So. 2d 383 (Fla. 5th DCA 2008). · cites it 4× “” § 394.453, Fla. Stat. Where a person is committed to short-term treatment, the circuit court may properly exercise its concurrent jurisdiction over the involuntary commitment proceedings.”

C.N. v. State, 433 So. 2d 661 (Fla. 3d DCA 1983). “467, Florida Statutes (1981), that a subject meets a criteria for involuntary hospitalization, but also finds at the same time that under Section 394.453 the less restrictive means of outpatient care will suffice, may subsequently revoke the outpatient care and order the subject…”

Show all 18 citing cases →

— 394.453(1)(a) — 3 cases

Paddock v. Chacko, 522 So. 2d 410 (Fla. 5th DCA 1988). “See § 394.453(1)(a), Fla. Stat. (1985). [7] "Incidit in Scyllam qui vult vitare Charybdim.”

Doe v. State, 210 So. 3d 154 (Fla. 2d DCA 2016). “§ 394.453(1)(a), (b). As part of the process, individuals meeting certain criteria may be taken to a receiving facility for involuntary examination.”

Tribune Co. v. DML, 566 So. 2d 1333 (Fla. 2d DCA 1990).

— 394.453(l)(a) — 1 case

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