Florida Statute 394.457 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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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. 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.

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 Citing Statute 394.457

Total Results: 20

Department of Children & Families v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-09-09

Citation: 201 So. 3d 78, 2015 Fla. App. LEXIS 13447

Snippet: health, including community services ...§ 394.457(2)(a), Fla. Stat. (2012),” and, further quoting

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Court: Florida Attorney General Reports | Date Filed: 2011-12-05

Snippet: in the statute and those specified in section 394.457(3), Florida Statutes. 2. 5. "In-kind" contributions

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Court: Florida Attorney General Reports | Date Filed: 2008-05-30

Snippet: Attorney General BM/tjw 1 Section 394.457(1), Fla. Stat. 2 See s. 394.457(2), Fla. Stat. 3 See s. 394.451

Hadi v. Cordero

Court: District Court of Appeal of Florida | Date Filed: 2006-12-06

Citation: 955 So. 2d 17, 2006 WL 3499149

Snippet: mental health facilities, programs, and services. § 394.457(1), Fla. Stat. (2006)(emphasis added). Section

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Court: Florida Attorney General Reports | Date Filed: 1999-11-09

Snippet: Id. 6 Section 394.457(1), Fla. Stat. 7 Section 394.457(2)(a), Fla. Stat. 8 Section 394.457(3), Fla. Stat

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Court: Florida Attorney General Reports | Date Filed: 1993-08-02

Snippet: 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, ss. 394.463(1) and

Godwin v. State

Court: Supreme Court of Florida | Date Filed: 1992-01-02

Citation: 593 So. 2d 211, 1992 WL 4452

Snippet: flowing from an involuntary commitment. Section 394.457(8), *213 Florida Statutes (1989), states that "[f]ees

Smith v. DEPT. OF HEALTH & REHAB. SERVS.

Court: Supreme Court of Florida | Date Filed: 1991-01-03

Citation: 573 So. 2d 320

Snippet: as provided by section 394.467(4)(a). Section 394.457(6)(d) provides for appellate review of an order

B.R. v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1989-12-08

Citation: 558 So. 2d 1027, 14 Fla. L. Weekly 2837, 1989 Fla. App. LEXIS 6864, 1989 WL 147973

Snippet: adults, or aged persons. See §§ 110.1127, 393.0655, 394.457, 396.0425, 397.0715, 402.305(1), 402.3055, 402

Br v. Dept. of Hlt. & Rehab. Serv.

Court: District Court of Appeal of Florida | Date Filed: 1989-12-08

Citation: 558 So. 2d 1027

Snippet: adults, or aged persons. See §§ 110.1127, 393.0655, 394.457, 396.0425, 397.0715, 402.305(1), 402.3055, 402

Liebman v. State

Court: District Court of Appeal of Florida | Date Filed: 1989-11-15

Citation: 555 So. 2d 1242, 1989 WL 137618

Snippet: hearing officers assigned pursuant to section 394.457(7), Florida Statutes (1987), have concurrent jurisdiction

Thompson v. DHRS

Court: District Court of Appeal of Florida | Date Filed: 1988-10-19

Citation: 533 So. 2d 840, 1988 WL 107406

Snippet: that, by reason of the proscriptions in section 394.457(6), Florida Statutes (1987), Thompson was ineligible

Everett v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-05-04

Citation: 524 So. 2d 1091, 1988 WL 43412

Snippet: involuntary placement, also an appealable order. § 394.457(7), Fla. Stat. (1985). The issue then became whether

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Court: Florida Attorney General Reports | Date Filed: 1986-04-11

Snippet: care to children for 15 hours or more per week),394.457(6)(a) (minimum standards for mental health personnel)

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Court: Florida Attorney General Reports | Date Filed: 1985-10-09

Snippet: designated, as the receiving facility." See also, s. 394.457(9), F.S., (1984 Supp.), authorizing the department

Williams v. Davis

Court: District Court of Appeal of Florida | Date Filed: 1984-11-14

Citation: 459 So. 2d 406

Snippet: subject to appellate review in this court, id. § 394.457(6). The administrator is required to show by clear

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Court: Florida Attorney General Reports | Date Filed: 1984-10-10

Snippet: addresses indigents seeking appellate review under s 394.457(6)(d), F.S. 1975, of an order requiring continued

Gerry v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-04-11

Citation: 448 So. 2d 83, 1984 Fla. App. LEXIS 12652

Snippet: health facilities, programs, and services. Section 394.457(1), Fla.Stat. (1983). Consistent with these duties

Coppol v. Muhtar

Court: District Court of Appeal of Florida | Date Filed: 1984-02-01

Citation: 444 So. 2d 1114, 1984 Fla. App. LEXIS 11576

Snippet: expiration of the time period required under section 394.457(9). We reverse. The issue presented to the hearing

DEPT. OF PROFESSIONAL REG. v. LeBaron

Court: District Court of Appeal of Florida | Date Filed: 1983-12-14

Citation: 443 So. 2d 225

Snippet: instances. See Sections 120.54(4)(d), 120.56(5), and 394.457(6)(b), Florida Statutes (1981). The reviewability