The 2024 Florida Statutes
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. . . petition for writ of habeas corpus pursuant to section 79.01, Florida Statutes (2017), and section 394.459 . . .
. . . .” § 394.459(1), Fla. . . . .” § 394.459(1), Fla. Stat. . . .
. . . See § 394.459, Fla. Stat. (2008). . . . See § 394.459. .Chapter 766. . . . .
. . . . § 394.459(13) (2011), dealing with the rights of mental health patients. . . .
. . . . § 394.459(10). . . .
. . . Section 394.459 of the Florida Statutes (2006) authorizes patients to obtain habeas corpus relief when . . .
. . . . § 394.459(11), F.S.A., in the event the defendant is found mentally incompetent. . . .
. . . . § 394.459(10). . . . FlaStatAnn. § 394.459(10) (West 1998). . . . .
. . . declaratory and injunctive relief, and a petition for writ of habeas corpus under the provisions of section 394.459 . . . Sections 26.012(2)(b) and 394.459(8)(b), Florida Statutes (1996), grant the trial court jurisdiction . . .
. . . the information to be disclosed against the possible harm of disclosure as contemplated by section 394.459 . . . While I agree that this provision does not equate with an express waiver pursuant to section 394.459( . . . contents of the patients’ clinical record, which is the essence of the protection set forth in section 394.459 . . . Chapter, 394, Part I, Florida Mental Health Act and section 394.459, Florida Statutes (1993), entitled . . . First, although section 394.459(9)(b) permits court-ordered release of confidential patient information . . . However, section 394.459(9) expressly provides that clinical records are confidential and that confidentiality . . . ’s order is read only as court-ordered release of the confidential information, pursuant to section 394.459 . . . to file written objections within a ten-day period, in contravention of the requirement in section 394.459 . . .
. . . As provided in section 394.459(10), Florida Statutes (1991): (a) At any time, and without notice, a person . . . court authority “to issue any appropriate order to correct an abuse of the provisions of this part.” § 394.459 . . . 4th DCA 1990), juris, accepted, 573 So.2d 3 (Fla.), review denied, 581 So.2d 1310 (Fla.1991), section 394.459 . . . The trial court treated this request as a petition for writ of habeas corpus pursuant to section 394.459 . . . an administrative order or, under the facts of this case, as a proper judicial inquiry under section 394.459 . . .
. . . Appellant bases its argument upon Section 394.459, Florida Statutes (1985), to the effect that psychiatric . . .
. . . involuntarily placed in a mental health facility be transported to that facility in an unmarked car, § 394.459 . . . (11), have the right to vote, § 394.459(7), be allowed to communicate with persons outside the facility . . . , § 394.459(5), and have the right to receive treatment with full respect for his dignity and personal . . . integrity, § 394.459(4). . . . officer properly complied with the public policy discussed here-inabove and the requirements of section 394.459 . . .
. . . The court treated the ore tenus motion as a petition for writ of habeas corpus pursuant to section 394.459 . . . Respondents suggest that the trial court had subject matter jurisdiction pursuant to section 394.459( . . . judicial inquiry was treated by the court as a petition for writ of habeas corpus pursuant to section 394.459 . . . However, subsection (a) of section 394.459(10) clearly did not give the court subject matter jurisdiction . . . Subsection (b) of section 394.459(10) was also inadequate to give the court subject matter jurisdiction . . .
. . . . §768.28(1) (1981) (partial waiver of immunity, allowing tort suits); §394.459(13) (providing action . . . . §394.459(13) (“Any person who violates or abuses any rights or privileges of patients” is liable for . . . of habeas corpus to “question the cause and legality of such detention and request . . . release.” § 394.459 . . .
. . . After Bentley, the legislature reworded section 394.459, Florida Statutes (1987), by substituting “the . . .
. . . The petition, filed pursuant to section 394.459(10), Florida Statutes (1987), alleged that the patients . . . Section 394.459(10) provides: (a) At any time, and without notice, a person detained by a facility, or . . . Nothing in section 394.459(10) confers standing upon a State Attorney, Public Defender, or HRS to bring . . . See § 394.459(10), Fla.Stat. (1987). . . . Accordingly, we hold that respondents, in this case, do not have standing, under section 394.459(10), . . .
. . . clinical psychologist without unnecessary delay and may be given emergency treatment pursuant to s. 394.459 . . .
. . . . § 394.459(13) (1981). . . . . . § 394.459(13) (1981) provides that “[a]ny person who violates ... . . .
. . . . § 394.459(13) (1981); see abo infra note 14 and accompanying text. . . . . In full, Fla.Stat. § 394.459(13) (1981) provided that: Any person who violates or abuses any rights or . . .
. . . . §§ 393.13(3)(m)(2), 394.459(9) (Supp.1985). . . .
. . . clinical psychologist without unnecessary delay and may be given emergency treatment pursuant to s. 394.459 . . .
. . . Section 394.459(9), Florida Statutes. . . .
. . . . § 394.459(13) provides that "[a]ny person who violates or abuses any rights or privileges of patients . . . Fla.Stat.Ann. § 394.459(13) also provides that Any person who acts in good faith in compliance with the . . .
. . . See § 394.459(10)(b), Fla.Stat. (1981). . . .
. . . Florida Statutes § 394.459(1) (1980 Supp.), captioned “Right to Individual Dignity” contains the following . . . The Court does not believe the purpose of Section 394.459(1) was to establish a 45-day grace period for . . . Moreover, even if one assumes that Section 394.459(1) authorizes HRS to keep mentally incompetent inmates . . . grants discretion to HRS in taking physical custody of such persons is the language found in Section 394.459 . . .
. . . presentation to a state agency as a prerequisite to seeking relief in court, may arise under Section 394.459 . . . Section 394.459(13) states: (13) LIABILITY FOR VIOLATIONS.— Any person' who violates or abuses any rights . . . Fla.Stat. § 394.459(5)(f) (Supp. 1980); see also, Fla.Admin.Code R. 10E-5.11(5)(i). . . . A., supra, Section 394.459, Florida Statutes (Supp.1980), declares the rights of patients including: . . . Id. at § 394.459(1). . . .
. . . error when it decided that the classification of doctors’ reports as confidential contained in section 394.459 . . . The court maintained that medical reports and related testimony were confidential under section 394.459 . . . Section 394.459, Florida Statutes (1979) provides: (9) CLINICAL RECORD; CONFIDENTIALITY. — A clinical . . . Although section 394.459 declares as state policy that “the individual dignity of the patient shall be . . .
. . . The specific portions of the Act found unconstitutional were Sections 394.459(3)(a) and 394.-467(4)(h . . . Section 394.459, Florida Statutes (1979) provides: (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT. . . .
. . . 358 So.2d 232 (Fla. 3d DCA 1978), cert. denied, 364 So.2d 889 (Fla.1978); Sections 90.503, 390.002, 394.459 . . .
. . . See §§ 394.457, 394.459, 394.463, 394.75, 394.76, Fla.Stat. (1977). . . .
. . . Sections 394.453 and 394.459(2)(b), Florida Statutes. . . .
. . . . § 394.459(11), F.S.A., in the event the defendant is found mentally incompetent. . . .
. . . Section 394.459(10), Florida Statutes (1977), provides that a patient may file a Petition for Writ of . . .
. . . Section 394.459(10), Florida Statutes (1977), provides that a patient may file a Petition for Writ of . . .
. . . Although the Baker Act sets out in comprehensive detail the rights of the patients at Section 394.459 . . . facility, he has a right to petition the circuit court for habeas corpus relief pursuant to Section 394.459 . . .
. . . He claims entitlement to such record based upon Section 394.459(9), Florida Statutes (1975). . . .
. . . . §§ 394.459(2), (4) (1975), and O’Connor v. . . .
. . . . § 394.459 establishes the doctor’s liability for negligence. . . .
. . . Pierce Memorial Hospital are entitled, thus violating F.S. 394.459 of the Baker Act.” . . . Wood Memorial Hospital in F.S. 945.025(3) with the provisions set forth in F.S. 394.457(8) and F.S. 394.459 . . . Although we find no inconsistency between the Act in question and Sections 394.457(8) and 394.459, Florida . . . constitutional and as the last expression of the Legislature’s will prevails over Sections 394.457(8) and 394.459 . . .
. . . . § 394.459(11), F.S.A., in the event the defendant is found mentally incompetent. . . .
. . . As originally enacted and at the time these plaintiffs were injured, § 394.459, subsection (12), F.S.1971 . . . Laws; § 394.459, F.S. 1973. . . .
. . . order, concluded that sovereign immunity barred the action and that such immunity was not waived by § 394.459 . . . The trial judge next commented on appellant’s contention that in § 394.459(13), Florida Statutes, the . . . Such rights are set forth in F.S. 394.459 as (1) right to individual dignity; (2) right to treatment . . .
. . . . § 394.459(11), F.S.A., in the event the defendant is found mentally incompetent. . . .
. . . the jurisdiction of the state agency to determine those matters, as it is authorized to do by law (§ 394.459 . . .