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Florida Statute 394.457 | Lawyer Caselaw & Research
F.S. 394.457 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
F.S. 394.457
394.457 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.
(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.
Note.Former s. 965.01(3), s. 402.10.

F.S. 394.457 on Google Scholar

F.S. 394.457 on Casetext

Amendments to 394.457


Arrestable Offenses / Crimes under Fla. Stat. 394.457
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.457.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF CHILDREN AND FAMILIES, v. STATE C. Z., 201 So. 3d 78 (Fla. Dist. Ct. App. 2015)

. . . .§ 394.457(2)(a), Fla. . . .

D. HADI, v. CORDERO,, 955 So. 2d 17 (Fla. Dist. Ct. App. 2006)

. . . . § 394.457(1), Fla. Stat. (2006)(emphasis added). . . .

HARRIS, v. BUSH,, 106 F. Supp. 2d 1272 (N.D. Fla. 2000)

. . . . § 394.457(1) (West Supp.2000). . . . Id. § 394.457(2)(a). . . .

GODWIN, v. STATE, 593 So. 2d 211 (Fla. 1992)

. . . Section 394.457(8), Florida Statutes (1989), states that “[f]ees and fee collections for patients in . . .

B. SMITH, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, KELLY, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, HARRIS, v. DEPARTMENT OF CORRECTIONS,, 573 So. 2d 320 (Fla. 1991)

. . . are held must bear the cost of an indigent’s transcript when an appeal is taken pursuant to section 394.457 . . .

ZINERMON v. BURCH, 494 U.S. 113 (U.S. 1990)

. . . See §§394.457(8) and 394.455(8). . . .

B. R. W. C. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 558 So. 2d 1027 (Fla. Dist. Ct. App. 1989)

. . . See §§ 110.1127, 393.0655, 394.457, 396.0425, 397.0715, 402.305(1), 402.3055, 402.313, 409.175, 409.176 . . .

LIEBMAN, v. STATE J., 555 So. 2d 1242 (Fla. Dist. Ct. App. 1989)

. . . Accordingly, hearing officers assigned pursuant to section 394.457(7), Florida Statutes (1987), have . . .

W. THOMPSON, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 533 So. 2d 840 (Fla. Dist. Ct. App. 1988)

. . . when officials of Florida State Hospital determined that, by reason of the proscriptions in section 394.457 . . .

EVERETT, v. STATE, 524 So. 2d 1091 (Fla. Dist. Ct. App. 1988)

. . . . § 394.457(7), Fla.Stat. (1985). . . .

B. WILLIAMS, v. DAVIS,, 459 So. 2d 406 (Fla. Dist. Ct. App. 1984)

. . . . § 394.457(6). . . .

GERRY, v. STATE, 448 So. 2d 83 (Fla. Dist. Ct. App. 1984)

. . . Section 394.457(1), Fla.Stat. (1983). . . .

D. COPPOL, v. MUHTAR,, 444 So. 2d 1114 (Fla. Dist. Ct. App. 1984)

. . . involuntary placement had been filed one day after the expiration of the time period required under section 394.457 . . .

DEPARTMENT OF PROFESSIONAL REGULATION, v. H. LeBARON, D. D. S., 443 So. 2d 225 (Fla. Dist. Ct. App. 1983)

. . . See Sections 120.54(4)(d), 120.56(5), and 394.457(6)(b), Florida Statutes (1981). . . .

MENTAL HEALTH DISTRICT BOARD, II- B, v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 425 So. 2d 160 (Fla. Dist. Ct. App. 1983)

. . . (“Apalachee”) petitioned HRS for a declaratory statement interpreting Sections 394.457 and 394.71-81, . . .

SANDEGREN v. STATE SARASOTA COUNTY PUBLIC HOSPITAL BOARD,, 397 So. 2d 657 (Fla. 1981)

. . . See §§ 394.457, 394.459, 394.463, 394.75, 394.76, Fla.Stat. (1977). . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, v. G. DAVIS,, 616 F.2d 828 (5th Cir. 1980)

. . . . § 394.457(7) (1977) to collect payment for the care of patients in state institutions. . . . Fla.Stat. § 394.457(7) (1977). . . . Fla.Stat. § 394.457(7) (1977). The complaint in the present case was filed on June 7, 1978. . . . . § 394.457(7) (1977). . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. FLORIDA PSYCHIATRIC SOCIETY, INC. L. M. D., 382 So. 2d 1280 (Fla. Dist. Ct. App. 1980)

. . . We cannot agree with the Department’s position that the power to “designate” facilities (Section 394.457 . . . 73. .Rule 10D-73 refers to rule-making authority of the Department under Sections 381.-031(l)(g)l 1, 394.457 . . . 893.01, Florida Statutes (1977); and as the laws being implemented Sections 394.-453, 394.455(8), (10), 394.457 . . . Rule 10E-4.12(8)(b)4 refers to rule-making authority under Sections 394.457(5), 394.78(1), (2)(b), and . . . (l)(g) 11, Florida Statutes (1977); and as the laws being implemented, Sections 394.66(1), (2), and 394.457 . . . See Sections 394.457(8) and .461(2). . . .

SHUMAN, v. STATE, 358 So. 2d 1333 (Fla. 1978)

. . . As provided by Section 394.457(6)(d), Florida Statutes (1975), appeals were taken to the Circuit Court . . . proposition that Florida Appellate Rule 6.8 addresses indigents seeking appellate review under Section 394.457 . . . held must also bear the cost of an indigent’s transcript when an appeal is taken pursuant to Section 394.457 . . .

O D. ASKEW, v. SCHUSTER, 331 So. 2d 297 (Fla. 1976)

. . . downgraded in its status as a State Hospital on the level of other treatment facilities set forth in F.S. 394.457 . . . Pierce Wood Memorial Hospital in F.S. 945.025(3) with the provisions set forth in F.S. 394.457(8) and . . . Section 394.457(8), Florida Statutes, provides : “(8) Designation of treatment facilities. . . . Although we find no inconsistency between the Act in question and Sections 394.457(8) and 394.459, Florida . . . Statutes, is constitutional and as the last expression of the Legislature’s will prevails over Sections 394.457 . . .

LOUCKS, D. a v. C. H. ADAIR, M. D. G., 312 So. 2d 531 (Fla. Dist. Ct. App. 1975)

. . . The act provides [§ 394.457(7)] that fees collected by the Division of Mental Health be based upon cost . . .

In GUARDIANSHIP OF V. IRVING, a k a V. a k a V. a k a V., 297 So. 2d 331 (Fla. Dist. Ct. App. 1974)

. . . See, § 394.22(13), F.S.1967, now, essentially, § 394.457(7), F.S.1973, F.S.A. . . . .