Arrestable Offenses under F.S. 394.463
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§394.463(5a1)FRAUDFALSE INFO EMERG INVOL ADMIT OF ANOTHERM · 1st
§394.463(5a2)FRAUDSUB ANOTHER EMERG/INVOLUN PROC UND FALSE PRETM · 1st
§394.463(5a3)HEALTH-SAFETYCAUSE ANOTHER DENIAL OF EXAM OR TREATMENTM · 1st
Notes of Decisions
Cited in
96
cases (
21 in the last 5 years), 1978–2026 · leading case:
Zinermon v. Burch, 494 U.S. 113 (1990).
Zinermon v. Burch, 494 U.S. 113 (1990).
· cites it 2× “Fla. Stat. § 394.463 (1)(a) (1981). A mental health professional, a law enforcement officer, or a judge may effect an emergency admission.”
Lukehart v. State, 70 So. 3d 503 (Fla. 2011).
· cites it 4× “§ 394.463, Fla. Stat. (2010). Based on the language of the Baker Act, Lukehart’s own testimony, and the testi *518 mony given by law enforcement officers at both the suppression hearing and at the evidentiary hearing, it is clear that Luke-hart was not taken into custody under…”
Susan Khoury v. The Miami-Dade Cnty. Sch. Bd., 4 F.4th 1118 (11th Cir. 2021).
· cites it 3× “Khoury’s claims relate to an incident involving Officer Williams—a School Board Police Officer—who characterized Khoury as being a danger to herself or others, detained her, and committed her for an involuntary mental health examination under Florida’s Baker Act, Fla. Stat. §…”
Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Soc'y, Inc., 382 So. 2d 1280 (Fla. 1st DCA 1980).
· cites it 9× “[5] Section 394.463, Florida Statutes (1977), subparagraph (1)(a) Criteria: "A person may be admitted to a receiving facility on emergency conditions if there is reason to believe that he is mentally ill and because of his illness is: "1.”
Anderson v. Snyder, 389 F. Supp. 3d 1082 (S.D. Fla. 2019).
· cites it 9× “On that day, Plaintiff twice called 911 for help with Ricky-the first time, the *1086 Deputies left without taking Ricky into custody for an involuntary examination pursuant to Florida's Mental Health Act (the "Baker Act"), Fla. Stat. § 394.463 . The second time, Deputy Fennell…”
Scannavino v. Florida Dep't of Corr., 242 F.R.D. 662 (M.D. Fla. 2007).
· cites it 4× “” Fla. Stat. § 394.463 (2)(a) (2006). . Since 2000, Gutierrez has worked as the sole employee of the plaintiffs attorney in this case, John Shahan, Esq.”
Paddock v. Chacko, 522 So. 2d 410 (Fla. 5th DCA 1988).
· cites it 4× “§ 394.463, Fla. Stat. (1985). Section 394.”
Robert L. Rumph v. State, 217 So. 3d 1092 (Fla. 5th DCA 2017).
“§ 394.463(2)(a)2„ Fla. Stat. (2009). 2 . Material stages of criminal proceedings include the trial, pretrial hearings on factual issues where the defendant might testify, entry of a plea, contempt hearings, violation of probation hearings, and sentencing.”
Harold Crane v. Lifemark Hospitals, Inc., 898 F.3d 1130 (11th Cir. 2018).
“Fla. Stat. § 394.463 . The Baker Act receiving facility, where the involuntary examination takes place, has 72 hours within which to determine whether to release the individual into the community, admit him voluntarily for psychiatric care, or petition a court to commit him…”
Royal v. Parado, 462 So. 2d 849 (Fla. 1st DCA 1985).
· cites it 2× “Johns County for an emergency mental evaluation of the appellee pursuant to Section 394.463, Florida Statutes, advising the deputy clerk of court that appellee was in need of long-term convalescent care and emergency evaluation.”
394.463(1): 11 cases
Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Soc'y, Inc., 382 So. 2d 1280 (Fla. 1st DCA 1980).
“[5] Section 394.463, Florida Statutes (1977), subparagraph (1)(a) Criteria: "A person may be admitted to a receiving facility on emergency conditions if there is reason to believe that he is mentally ill and because of his illness is: "1.”
394.463(1)(a): 1 case
Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Soc'y, Inc., 382 So. 2d 1280 (Fla. 1st DCA 1980).
“[5] Section 394.463, Florida Statutes (1977), subparagraph (1)(a) Criteria: "A person may be admitted to a receiving facility on emergency conditions if there is reason to believe that he is mentally ill and because of his illness is: "1.”
394.463(1)(b): 3 cases
394.463(1)(b)(2): 1 case
394.463(1)(c): 1 case
Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Soc'y, Inc., 382 So. 2d 1280 (Fla. 1st DCA 1980).
“[5] Section 394.463, Florida Statutes (1977), subparagraph (1)(a) Criteria: "A person may be admitted to a receiving facility on emergency conditions if there is reason to believe that he is mentally ill and because of his illness is: "1.”
394.463(1)(d): 1 case
Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Soc'y, Inc., 382 So. 2d 1280 (Fla. 1st DCA 1980).
“[5] Section 394.463, Florida Statutes (1977), subparagraph (1)(a) Criteria: "A person may be admitted to a receiving facility on emergency conditions if there is reason to believe that he is mentally ill and because of his illness is: "1.”
394.463(2): 5 cases
Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Soc'y, Inc., 382 So. 2d 1280 (Fla. 1st DCA 1980).
“[5] Section 394.463, Florida Statutes (1977), subparagraph (1)(a) Criteria: "A person may be admitted to a receiving facility on emergency conditions if there is reason to believe that he is mentally ill and because of his illness is: "1.”
394.463(2)(a): 12 cases
Robert L. Rumph v. State, 217 So. 3d 1092 (Fla. 5th DCA 2017).
“§ 394.463(2)(a)2„ Fla. Stat. (2009). 2 . Material stages of criminal proceedings include the trial, pretrial hearings on factual issues where the defendant might testify, entry of a plea, contempt hearings, violation of probation hearings, and sentencing.”
Anderson v. Snyder, 389 F. Supp. 3d 1082 (S.D. Fla. 2019).
“On that day, Plaintiff twice called 911 for help with Ricky-the first time, the *1086 Deputies left without taking Ricky into custody for an involuntary examination pursuant to Florida's Mental Health Act (the "Baker Act"), Fla. Stat. § 394.463 . The second time, Deputy Fennell…”
394.463(2)(a)(1): 1 case
394.463(2)(a)(2): 5 cases
Lukehart v. State, 70 So. 3d 503 (Fla. 2011).
“§ 394.463, Fla. Stat. (2010). Based on the language of the Baker Act, Lukehart’s own testimony, and the testi *518 mony given by law enforcement officers at both the suppression hearing and at the evidentiary hearing, it is clear that Luke-hart was not taken into custody under…”
394.463(2)(a)(3): 1 case
394.463(2)(a)(l): 1 case
394.463(2)(b): 3 cases
394.463(2)(c): 2 cases
394.463(2)(d): 1 case
394.463(2)(e): 1 case
394.463(2)(f): 1 case
394.463(i): 1 case
394.463(l)(a): 2 cases
394.463(l)(b)(3): 1 case
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