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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 394.457394.457 Operation and administration.—(1) ADMINISTRATION.—The Department of Children and Families is designated the “Mental Health Authority” of Florida. The department and the Agency for Health Care Administration shall exercise executive and administrative supervision over all mental health facilities, programs, and services. (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is responsible for:(a) The planning, evaluation, and implementation of a complete and comprehensive statewide program of mental health, including community services, receiving and treatment facilities, child services, research, and training as authorized and approved by the Legislature, based on the annual program budget of the department. The department is also responsible for the coordination of efforts with other departments and divisions of the state government, county and municipal governments, and private agencies concerned with and providing mental health services. It is responsible for establishing standards, providing technical assistance, and exercising supervision of mental health programs of, and the treatment of patients at, community facilities, other facilities for persons who have a mental illness, and any agency or facility providing services to patients pursuant to this part. (b)1. Informing individuals and organizations involved in implementing this part, including, but not limited to, law enforcement officers, qualified professionals, and service providers, of the provisions of this part; the policies and procedures related to its effective implementation; their roles and responsibilities; and any other information necessary for its effective implementation. The department shall maintain:a. An information handbook, which must be published and updated on the department’s website annually by October 1. b. A repository of answers to frequently asked questions, which must be published on the department’s website and continually revised and expanded as necessary. 2. Supporting and facilitating research by public and private agencies, institutions of higher learning, and hospitals in the interest of the elimination and amelioration of mental illness. (3) POWER TO CONTRACT.—The department may contract to provide, and be provided with, services and facilities in order to carry out its responsibilities under this part with the following agencies: public and private hospitals; receiving and treatment facilities; clinics; laboratories; departments, divisions, and other units of state government; the state colleges and universities; the community colleges; private colleges and universities; counties, municipalities, and any other governmental unit, including facilities of the United States Government; and any other public or private entity which provides or needs facilities or services. Baker Act funds for community inpatient, crisis stabilization, short-term residential treatment, and screening services must be allocated to each county pursuant to the department’s funding allocation methodology. Notwithstanding s. 287.057(3)(e), contracts for community-based Baker Act services for inpatient, crisis stabilization, short-term residential treatment, and screening provided under this part, other than those with other units of government, to be provided for the department must be awarded using competitive sealed bids if the county commission of the county receiving the services makes a request to the department’s district office by January 15 of the contracting year. The district may not enter into a competitively bid contract under this provision if such action will result in increases of state or local expenditures for Baker Act services within the district. Contracts for these Baker Act services using competitive sealed bids are effective for 3 years. The department shall adopt rules establishing minimum standards for such contracted services and facilities and shall make periodic audits and inspections to assure that the contracted services are provided and meet the standards of the department. (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The department may apply for and accept any funds, grants, gifts, or services made available to it by any agency or department of the Federal Government or any other public or private agency or individual in aid of mental health programs. All such moneys shall be deposited in the State Treasury and shall be disbursed as provided by law. (5) RULES.—(a) The department shall adopt rules establishing forms and procedures relating to the rights and privileges of patients seeking mental health treatment from facilities under this part. (b) The department shall adopt rules necessary for the implementation and administration of the provisions of this part, and a program subject to the provisions of this part shall not be permitted to operate unless rules designed to ensure the protection of the health, safety, and welfare of the patients treated through such program have been adopted. Rules adopted under this subsection must include provisions governing the use of restraint and seclusion which are consistent with recognized best practices and professional judgment; prohibit inherently dangerous restraint or seclusion procedures; establish limitations on the use and duration of restraint and seclusion; establish measures to ensure the safety of program participants and staff during an incident of restraint or seclusion; establish procedures for staff to follow before, during, and after incidents of restraint or seclusion; establish professional qualifications of and training for staff who may order or be engaged in the use of restraint or seclusion; and establish mandatory reporting, data collection, and data dissemination procedures and requirements. Rules adopted under this subsection must require that each instance of the use of restraint or seclusion be documented in the record of the patient. (c) The department shall adopt rules establishing minimum standards for services provided by a mental health overlay program or a mobile crisis response service. Minimum standards for a mobile crisis response service must:1. Include the requirements of the child, adolescent, and young adult mobile response teams established under s. 394.495(7) and ensure coverage of all counties by these specified teams; and 2. Create a structure for general mobile response teams which focuses on crisis diversion and the reduction of involuntary commitment under this chapter. The structure must require, but need not be limited to, the following:a. Triage and rapid crisis intervention within 60 minutes; b. Provision of and referral to evidence-based services that are responsive to the needs of the individual and the individual’s family; c. Screening, assessment, early identification, and care coordination; and d. Confirmation that the individual who received the mobile crisis response was connected to a service provider and prescribed medications, if needed. (6) PERSONNEL.—(a) The department shall, by rule, establish minimum standards of education and experience for professional and technical personnel employed in mental health programs, including members of a mobile crisis response service. (b) The department shall design and distribute appropriate materials for the orientation and training of persons actively engaged in implementing the provisions of this part relating to the involuntary examination and placement of persons who are believed to have a mental illness. (7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee collections for patients in state-owned, state-operated, or state-supported treatment facilities shall be according to s. 402.33. History.—s. 1, ch. 57-317; s. 1, ch. 59-222; s. 1, ch. 65-13; s. 3, ch. 65-22; s. 1, ch. 65-145; s. 1, ch. 67-334; ss. 11, 19, 31, 35, ch. 69-106; s. 4, ch. 71-131; s. 70, ch. 72-221; s. 2, ch. 72-396; s. 2, ch. 73-133; s. 25, ch. 73-334; s. 1, ch. 74-233; s. 200, ch. 77-147; s. 19, ch. 78-95; s. 3, ch. 78-332; s. 3, ch. 79-298; s. 6, ch. 82-212; s. 4, ch. 84-285; s. 12, ch. 85-54; s. 11, ch. 87-238; s. 2, ch. 90-225; s. 28, ch. 90-347; s. 7, ch. 91-33; s. 22, ch. 91-57; s. 89, ch. 91-221; s. 2, ch. 91-249; s. 11, ch. 93-156; s. 19, ch. 94-134; s. 19, ch. 94-135; s. 15, ch. 95-152; s. 37, ch. 95-228; s. 124, ch. 95-418; s. 3, ch. 96-169; s. 8, ch. 96-268; s. 209, ch. 96-406; s. 123, ch. 96-410; s. 97, ch. 99-8; s. 13, ch. 2001-278; s. 34, ch. 2002-207; s. 1, ch. 2006-29; s. 38, ch. 2006-227; s. 29, ch. 2010-151; s. 13, ch. 2013-154; s. 79, ch. 2014-19; s. 1, ch. 2023-198; s. 15, ch. 2024-15. Note.—Former s. 965.01(3), s. 402.10.
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Annotations, Discussions, Cases:
Cases Citing Statute 394.457
Total Results: 22
593 So. 2d 211, 1992 WL 4452
Supreme Court of Florida | Filed: Jan 2, 1992 | Docket: 1447514
Cited 93 times | Published
consequences flowing from an involuntary commitment. Section 394.457(8), *213 Florida Statutes (1989), states that
331 So. 2d 297
Supreme Court of Florida | Filed: Apr 21, 1976 | Docket: 1288065
Cited 29 times | Published
level of other treatment facilities set forth in F.S. 394.457(8), thus violating this section of the Baker
358 So. 2d 1333
Supreme Court of Florida | Filed: May 25, 1978 | Docket: 1311872
Cited 28 times | Published
testimony taken at the hearings.
As provided by Section 394.457(6)(d), Florida Statutes (1975), appeals were
382 So. 2d 1280
District Court of Appeal of Florida | Filed: Apr 16, 1980 | Docket: 2538809
Cited 14 times | Published
that the power to "designate" facilities (Section 394.457, Florida Statutes (1977)), is the power to
573 So. 2d 320
Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 478883
Cited 8 times | Published
Administration, as provided by section 394.467(4)(a). Section 394.457(6)(d) provides for appellate review of an order
106 F. Supp. 2d 1272, 2000 U.S. Dist. LEXIS 10969, 2000 WL 1092987
District Court, N.D. Florida | Filed: Jul 25, 2000 | Docket: 2377888
Cited 4 times | Published
facilities, programs, and services." FLA.STAT.ANN. § 394.457(1) (West Supp.2000). The Department is responsible
533 So. 2d 840, 1988 WL 107406
District Court of Appeal of Florida | Filed: Oct 19, 1988 | Docket: 1232411
Cited 4 times | Published
determined that, by reason of the proscriptions in section 394.457(6), Florida Statutes (1987), Thompson was ineligible
459 So. 2d 406
District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 1683365
Cited 4 times | Published
subject to appellate review in this court, id. § 394.457(6). The administrator is required to show by clear
524 F. Supp. 1174
District Court, M.D. Florida | Filed: Oct 28, 1981 | Docket: 901897
Cited 4 times | Published
undertake. Florida Statutes § 916.18(2), (3) and § 394.457(3) authorize HRS to enter into contracts for services
955 So. 2d 17, 2006 WL 3499149
District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1186689
Cited 3 times | Published
mental health facilities, programs, and services.
§ 394.457(1), Fla. Stat. (2006)(emphasis added).
Section
555 So. 2d 1242, 1989 WL 137618
District Court of Appeal of Florida | Filed: Nov 15, 1989 | Docket: 1396157
Cited 2 times | Published
Accordingly, hearing officers assigned pursuant to section 394.457(7), Florida Statutes (1987), have concurrent
524 So. 2d 1091, 1988 WL 43412
District Court of Appeal of Florida | Filed: May 4, 1988 | Docket: 1340849
Cited 2 times | Published
involuntary placement, also an appealable order. § 394.457(7), Fla. Stat. (1985). The issue then became whether
Florida Attorney General Reports | Filed: Dec 5, 2011 | Docket: 3257874
Published
identified in the statute and those specified in section 394.457(3), Florida Statutes.
2. 5. "In-kind" contributions
Florida Attorney General Reports | Filed: May 30, 2008 | Docket: 3258528
Published
Sincerely,
Bill McCollum Attorney General
BM/tjw
1 Section 394.457(1), Fla. Stat.
2 See s. 394.457(2), Fla. Stat
Florida Attorney General Reports | Filed: Nov 9, 1999 | Docket: 3257188
Published
5 Id.
6 Section 394.457(1), Fla. Stat.
7 Section 394.457(2)(a), Fla. Stat.
8 Section 394.457(3), Fla
Florida Attorney General Reports | Filed: Aug 2, 1993 | Docket: 3256179
Published
RAB/tls
1 Section 394.453(1)(a), F.S.
2 Id.
3 Section 394.457(2), F.S.
4 See, s. 394.457(3), F.S.
5 See,
Florida Attorney General Reports | Filed: Oct 9, 1985 | Docket: 3256312
Published
health facilities, programs, and services." Section 394.457(1), F.S. (1984 Supp.). The department is vested
448 So. 2d 83, 1984 Fla. App. LEXIS 12652
District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 64604075
Published
health facilities, programs, and services. Section 394.457(1), Fla.Stat. (1983). Consistent with these
444 So. 2d 1114, 1984 Fla. App. LEXIS 11576
District Court of Appeal of Florida | Filed: Feb 1, 1984 | Docket: 64602585
Published
expiration of the time period required under section 394.457(9). We reverse.
The issue presented to the
Florida Attorney General Reports | Filed: Jul 2, 1976 | Docket: 3256972
Published
with, mental health services and facilities. Section 394.457(3), F. S. In addition, the county or counties
Florida Attorney General Reports | Filed: Dec 23, 1974 | Docket: 3255818
Published
through its own counsel can bring action. Section 394.457(7) — Division of Mental Health — Legal Affairs
297 So. 2d 331, 1974 Fla. App. LEXIS 6829
District Court of Appeal of Florida | Filed: Jul 12, 1974 | Docket: 64540086
Published
See, § 394.22(13), F.S.1967, now, essentially, § 394.457(7), F.S.1973, F.S.A.
. (Fla.App.1st, 1971),
