The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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(1) Treatment CenterProgram Defined. Any reference in this rule to a residential treatment centerprogram is to a placement for observation, diagnosis, or treatment of an emotional disturbance in a residential treatment center or facility licensed under section 394.875, Florida Statutes, for residential mental health treatment. Any reference to hospital is toor a hospital licensed under chapter 395, Florida Statutes, for residential mental health treatment. This rule does not apply to placement under sections 394.463 or 394.467, Florida Statutes.
The state concedes the circuit court lacked clear and convincing evidence to support its finding that the appellant met section 394.467(1)(a)2.'s requirements for involuntary patient placement.
See Doe v. State, 217 So.3d 1020, 1024 (Fla. 2017) (explaining that § 394.467, Fla. Stat., “also known as the Baker Act, governs the involuntary inpatient placement of persons with mental illness”).
(b) Use by All Parties Generally . A county or circuit court judge may, upon the court's own motion or upon the written request of a party, direct that communication equipment be used for a motion hearing, pretrial conference, or a status conference. A judge must give notice to the parties and consider any objections they may have to the use of communication equipment before directing that communication equipment be used. The decision to use communication equipment over the objection of parties will be in the sound discretion of the trial court, except as noted below. Unless governed by another rule of procedure or general law and with the exception of civil proceedings for involuntary commitment pursuant to section 394.467, Florida Statutes, communication technology may be used for all proceedings before a court official, as provided by this rule. Subject to subdivision (b)(1) or (b)(2), if applicable, a court official may authorize the use of communication technology for the presentation of testimony or for other participation in a proceeding upon the written motion of a party or at the discretion of the court official. Reasonable advance notice of the specific form of…
§ 394.467(1)(a)-(b), Fla. Stat. (2020).
See Doe v. State, 217 So.3d 1020, 1024 (Fla. 2017) (explaining that § 394.467, Fla. Stat., “also known as the Baker Act, governs the involuntary inpatient placement of persons with mental illness.”).
Mr. Brigham had dementia. He was placed under the care of the VA's psychiatric facility after being "Baker Acted," see Fla. Stat. § 394.467, by a VA physician on August 14, 2015. Approximately a month before the incident with Mr. Brown, Mr. Brigham reportedly slapped an individual who yelled at him on two separate occasions. In response to those incidents, Mr. Brigham's treating VA psychiatrists adjusted his medication-a medication meant to treat his mood and behavior-twice. On September 2, 2015, Mr. Brigham's medication was doubled again. Records and testimony reflect that Mr. Brigham responded well to the medication and that, in the 27-days preceding the incident with Mr. Brown, he was calm and compliant.
Section 394.467, Florida Statutes (2021), lays out specific criteria which the State must prove to order the involuntary inpatient placement of an individual as follows:
It is undisputed that the child has profound mental health issues; he has been Baker Acted on at least three occasions. See § 394.467, Fla. Stat. (2020).
See §§ 394.451 and 394.467, Fla. Stat. ("The Baker Act" provides for involuntary inpatient placement under certain circumstances).
. . . . § 394.467 (2016), to the Broward Health Medical Center (the "Medical Center"), where Plaintiff spent . . .
. . . If the defendant meets the criteria for commitment under section 394.467, Florida Statutes, the court . . .
. . . See § 394.467, Fla. Stat. (2016). We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). . . . Section 394.467(1) sets forth the statutory criteria. . . . would offer an opportunity for improvement of his ... condition have been judged to be inappropriate. § 394.467 . . . D.F. also argues that section 394.467(1)(a)(2)(b) is inapplicable. . . . Because section 394.467(1)(a)(2)(b) is inapplicable, we focus on D.F.'s first two arguments. Dr. . . .
. . . The "Baker-acted" reference is to section 394.467, Florida Statutes (2013) ("the Baker Act"). . . .
. . . . § 394.467(6)(a) 3., Fla. Stat. (2017) ("The patient may refuse to testify at the hearing."). . . . COHEN, C.J., ORFINGER and EISNAUGLE, JJ., concur. § 394.467, Fla. Stat. (2017). . . .
. . . petitioner without clear and convincing evidence that he was a danger to himself or others) (citing § 394.467 . . .
. . . See 394.467(1)(a)2.a., Fla. Stat. (2018). . . .
. . . addressed an involuntary commitment pursuant to the 1999 version of the Baker Act; specifically, section 394.467 . . .
. . . See § 394.467(l)(a), Fla. Stat. (2017); C.W. v. . . .
. . . . § 394.467, which “governs the involuntary inpatient placement of persons with mental illness.” . . .
. . . See § 394.467(2), (6). . . . .” § 394.467(6)(a)l. . . . .” § 394.467(4). . . . .” § 394.467(6)(a)2. (emphasis added). . . . See § 394.467(6)(a), Fla. Stat. . . . judge be physically present to preside over involuntary inpatient placement hearings under section 394.467 . . .
. . . The order of involuntary commitment issued by the lower court pursuant to section 394.467, Florida Statutes . . .
. . . . § 394.467(6)(a)(1); see In re Involuntary Placement of Linn, 79 So.3d 783, 785 (Fla. 2d DCA 2011). . . . Section 394.467 of the Baker Act governs involuntary inpatient placement and Baker Act hearings. . . . . § 394.467(1). . . . Nothing in section 394.467 requires the judicial officer to be physically present in the “setting[ ] . . . In making this argument, the petitioners direct our attention to section 394.467 and other authority. . . . A hearing convened under section 394.467 is an evidentiary court proceeding, akin to a trial, where the . . .
. . . She argues that the order of involuntary commitment issued by the lower court pursuant to section 394.467 . . .
. . . See § 394.467(1), (l)(a)2.a, Fla. . . .
. . . See § 394.467, Fla. Stat. . . . .
. . . See § 394.467, Fla. Stat. (2011). . . .
. . . Florida Statutes, involuntary commitment of persons with mental illness under sections 394.4655(7) and 394.467 . . . section 916.303(3), involuntary commitments of persons with mental illness under sections 394.4655(7) and 394.467 . . .
. . . This rule does not apply to placement under sections 394.463 or 394.467, Florida Statutes. (2) Basis . . .
. . . . § 394.467). . . .
. . . court finds that: (A) the defendant meets the criteria for commitment as set forth by statute [section 394.467 . . .
. . . fix, the only recourse is for the State to institute civil commitment proceedings pursuant to section 394.467 . . .
. . . 2013, the administrator at the Northeast Florida State Hospital filed a petition pursuant to section 394.467 . . . present at hearing, but she was represented by an assistant public defender as required by section 394.467 . . . recognized in the context of an initial commitment hearing held by the circuit court under section 394.467 . . . This is significant because proceedings under section 394.467(7) necessarily involve patients with mental . . . We are mindful that proceedings under section 394.467(7) are typically brief and do not involve all of . . .
. . . . § 394.467(7); id. § 394.4655(7). . . .
. . . . § 394.467 (the “Baker Act”) for psychiatric care in a “lock-down” unit. Stip. ¶ 34. . . . Stat. § 394.467. See, e.g., Paddock v. . . .
. . . Section 394.467, Florida Statutes (2011), of the Baker Act states the criteria for involuntary inpatient . . . Subsections 394.467(1)(a)(2)(a) and (b) require the trial court to make the same findings as sections . . .
. . . moved to civilly commit Bronson to the Department of Children and Families [“DCF”] pursuant to section 394.467 . . . order, concluding that the trial court did not follow the procedural requirements set forth in Section 394.467 . . .
. . . Section 394.467(4), Florida Statutes (2011), requires appointment of the public defender’s office to . . . represent indigent mental patients in hearings to determine the need for continued involuntary placement. § 394.467 . . .
. . . findings, we conclude there is competent substantial evidence to satisfy the requirements of section 394.467 . . .
. . . . § 394.467 for discussion of involuntary inpatient placement under the ls aker Act. . . . .
. . . involuntarily committing Steven Bronson, a criminal defendant, to the custody of DCF pursuant to section 394.467 . . . dismissal would be improper and suggested that Bronson met the criteria for civil commitment under section 394.467 . . . Bronson in which it argued that Bronson did not meet the criteria for involuntary placement under section 394.467 . . . importantly, DCF observed the lack of compliance with the procedural requirements set forth in section 394.467 . . . State and Bronson concede, the trial court did not follow the multi-step process established in section 394.467 . . .
. . . the Defendant continues to meet the criteria for involuntary placement pursuant to Florida Statute 394.467 . . . Perkins met the criteria for civil commitment under section 394.467(1). . . . Perkins .met the criteria for civil commitment under section 394.467(1). . . . treatment under rule 3.212(c)(3), may have satisfied the requirements of a Baker Act hearing under section 394.467 . . . Perkins met the criteria for civil commitment under section 394.467(1). . . .
. . . petition for involuntary placement requires proof that a patient meets the criteria outlined in section 394.467 . . . alternatives which would offer an opportunity for improvement ... have been judged to be inappropriate.” § 394.467 . . . alternatives which would offer an opportunity for improvement ... have been judged to be inappropriate.” § 394.467 . . . treatment, involuntary placement in Meridian would have been inconsistent with the mandate of section 394.467 . . .
. . . The matter was immediately referred to a general magistrate for a hearing under section 394.467. . . . Rule of Criminal Procedure 3.212(c) might be the legal equivalent of a Baker Act hearing under section 394.467 . . . This safeguard procedure is very similar to the review process mandated by section 394.467(6)-(7). . . . simply to shift the safeguard procedures from those in rule 3.212 to the similar procedures in section 394.467 . . .
. . . 394.455(34) as one “to determine if an individual qualifies for involuntary inpatient treatment under s. 394.467 . . .
. . . See § 394.467, Fla. Stat. (2009). Both Ms. . . . Many of the procedures applicable to these proceedings are actually described in section 394.467. . . . See § 394.467(1). . . .
. . . . § 394.467, Fla. Stat. (2010). . . .
. . . Order of Commitment for Involuntary Placement (“Order of Commitment”), entered pursuant to section 394.467 . . . Chalk, 443 So.2d at 422 (citing § 394.467(4)(e), Fla. Stat. (Supp.1982)). . . . Section 394.467(4), Florida Statutes (2009), provides: (4) APPOINTMENT OF COUNSEL.— Within 1 court working . . . Whereas, section 394.467(4)(e), Florida Statutes (1982 Supp.), provides in part: The patient and his . . .
. . . "Florida Statute § 394.467, known as the Baker Act, allows a person to be placed involuntarily in a treatment . . .
. . . . §§ 394.4655(6)(a)l„ 394.467(6)(a)l., Fla. Stat. (2008). . . . If involuntary inpatient placement is sought, the trial court must hold a hearing “within 5 days.” § 394.467 . . . argue that because section 394.4655(6)(a)l. uses “working” days, the omission of that word in section 394.467 . . . Because section 394.467 does not specifically indi cate how the five-day time period is to be calculated . . .
. . . Stat § 394.467. . . .
. . . See § 394.467(l)(a)2, Fla. Stat. (2009). . . .
. . . individual, the State must prove by clear and convincing evidence the criteria spelled out in section 394.467 . . . has either refused voluntary placement or is unable to determine whether placement is necessary. § 394.467 . . . However, pursuant to subsection 394.467(l)(a)(2), the State must also show that Lehrke either is likely . . . evidence presented below leads us to conclude that the State failed to meet its burden under section 394.467 . . .
. . . See § 394.467, Fla. Stat. (2008) (providing for involuntary inpatient placement). . . .
. . . Under Florida’s Mental Health Act, section 394.467, Florida Statutes (2007), the circuit court is required . . . Especially where it addresses hearings for continued involuntary inpatient treatment, section 394.467 . . . Section 394.467, Florida Statutes, governs involuntary inpatient placement. . . . (internal quotations omitted) Finally, in 1978, section 394.467 was amended to provide that the mandates . . . This rule fully comports with the language in subsection 394.467(7)(b) which, in discussing petitions . . .
. . . The appellant challenges an order of involuntary commitment entered pursuant to section 394.467, Florida . . . Under section 394.467(1), the state must demonstrate, among other things, either that the patient is . . . See § 394.467(l)(a)2, Fla. Stat. (2007). . . .
. . . "Florida Statute § 394.467, known as the Baker Act, allows a person to be placed involuntarily in a treatment . . .
. . . Section 394.467(6)(a)2, Florida Statutes (2007), provides, in part: “The patient and the patient’s guardian . . .
. . . The appellant challenges an order of involuntary commitment entered pursuant to section 394.467, Florida . . . Under section 394.467(1), the state must demonstrate, among other things, either that the patient is . . . See § 394.467(l)(a)2, Fla. Stat. (2007). . . .
. . . A.G. appeals the trial court’s order of involuntary commitment entered pursuant to section 394.467, Florida . . .
. . . Appellant seeks review of an order of involuntary inpatient placement under sec tion 394.467, Florida . . .
. . . Brown, appeals an order of involuntary inpatient placement under section 394.467, Florida Statutes (2006 . . .
. . . The appellant, Ezekiel Register, appeals an order of involuntary inpatient placement under section 394.467 . . .
. . . . § 394.467, which allows a person to be placed involuntarily in a treatment facility if clear and convincing . . . Id. at § 394.467(1). . . . .
. . . The term includes a child or adolescent who meets the criteria for involuntary placement under s. 394.467 . . . Section 394.467(1) provides that "[a] person may be placed in involuntary inpatient placement for treatment . . . another person, as evidenced by recent behavior causing, attempting, or threatening such harm[.]” § 394.467 . . . ] does not include ,a child or adolescent who meets the criteria for involuntary placement under s. 394.467 . . . involuntary examination or involuntary placement entered pursuant to [the Baker Act] s. 394.463 or s. 394.467 . . .
. . . evidence that appellant meets the criteria for continued involuntary placement pursuant to section 394.467 . . .
. . . Under section 394.467, Florida Statutes (2002) (the Baker Act), a court may order inpatient treatment . . .
. . . See § 394.467, Fla. Stat. (2003). . . .
. . . This is an appeal from an order of involuntary commitment entered pursuant to section 394.467, Florida . . . See § 394.467(1)(a)2, Fla. Stat. (2004); Adams v. State, 713 So.2d 1063 (Fla. 1st DCA 1998). . . .
. . . The appellant appeals the trial court’s order of involuntary commitment entered pursuant to section 394.467 . . . Under section 394.467, Florida Statutes, the state must present clear and convincing evidence of the . . . Under section 394.467(1), the state must show, among other criteria, that “[a]ll available less restrictive . . . offer an opportunity for improvement of his or her condition have been judged to bé inappropriate.” § 394.467 . . .
. . . The appellant challenges an order of involuntary commitment entered pursuant to section 394.467, Florida . . . Under section 394.467, Florida Statutes, the state must present clear and convincing evidence of the . . . Under section 394.467(1), the state must show, among other criteria, either that the patient by neglect . . . See § 394.467(l)(a)2, Fla. Stat. (2004). . . .
. . . This appeal seeks review of an order of involuntary commitment entered pursuant to section 394.467, Florida . . .
. . . See, Florida Statutes § 394.467(1) and Florida Statutes § 394.917(1). . . . See § 394.467(1), Fla. Stat. (2003). . . .
. . . involuntary commitments under the Baker Act, which are limited by statute to only six months, see section 394.467 . . .
. . . Section 394.467(1) of the Baker Act sets forth the evidentiary standard for commitment of clear and convincing . . .
. . . Compare § 394.467(l)(a)(2)(b), Fla. . . . See § 394.467(2), Fla. Stat. (2003). . . . See § 394.467(l)(a)(2)(b). . . .
. . . See § 394.467(1), Fla. Stat. (2001). . . .
. . . He cites several cases dealing with proceedings under section 394.467 Florida Statutes, not section 393.11 . . . Section 394.467(l)(a)2.b. requires evidence proving a “substantial likelihood that in the near future . . .
. . . Florida Statute § 394.467, known as the Baker Act, allows a person to be placed involuntarily in a treatment . . . Stat. § 394.467(l)(a). . See supra note 7 regarding the Baker Act. . Dr. . . .
. . . involuntarily was transported to Memorial Hospital in Bro-ward County, Florida under Florida Statute § 394.467 . . . Prior to his arrest, Charles had been detained involuntarily under Florida Statute § 394.467 on numerous . . . Florida Statute § 394.467, known as the "Baker Act,” allows a person to be placed involuntarily in a . . . Stat. § 394.467(l)(a). . All parties agree that Sheriff Kenneth C. . . .
. . . public defender to represent a person who is the subject of an involuntary commitment petition, see § 394.467 . . . This rule does not apply to placement under sections 394.463 or 394.467, Florida Statutes. (2) The placement . . .
. . . See § 394.467, Fla. Stat. (1998). . . . .
. . . general master found that P.T. was competent to consent to treatment within the meaning of section 394.467 . . .
. . . required to either release the defendant or commit him for involuntary hospitalization pursuant to section 394.467 . . . See § 394.467(2), Fla. Stat. (2001). . . .
. . . L.B. appeals from an order of commitment pursuant to the Baker Act, section 394.467, Florida Statutes . . . Parkinson’s”) and disorders that would have no bearing on the statutory factors enumerated in section 394.467 . . .
. . . Gloria Pullen appeals an order authorizing her continued involuntary placement pursuant to section 394.467 . . . See § 394.467(7)(a), Fla. Stat. . . . Pursuant to section 394.467(7)(e), a person who is the subject of a petition for continued involuntary . . .
. . . Appellant appeals his involuntary placement pursuant to section 394.467, Florida Statutes (2001). . . . standard by presenting only conclusory evidence that Appellant met the statutory requirements of section 394.467 . . .
. . . See § 394.467(l)(a)l.b., Fla. Stat. (1999). . . . See id. § 394.467(l)(a)2. . . . Id. § 394.467(l)(a)2.b. . . . Id. § 394.467(l)(a)2.a. . . . Id. § 394.467(l)(b). The issue of less restrictive alternatives is not involved here. . . . .
. . . The appellant was involuntarily committed pursuant to section 394.467, Florida Statutes (2001). . . . argues that the State failed to present clear and convincing evidence to satisfy the criteria of section 394.467 . . .
. . . for involuntary hospitalization as set forth in section 916.12, Florida Statutes (1999), and section 394.467 . . . Section 394.467, entitled "Involuntary placement,” provides in pertinent part: (1) Criteria. — A person . . .
. . . See § 394.467(4), Fla. . . .
. . . The appellant challenges a Baker Act order of involuntary placement for treatment pursuant to section 394.467 . . . the appellant asserts, the record evidence does not establish the necessary criteria under section 394.467 . . .
. . . clear and convincing evidence that she met the criteria for involuntary placement pursuant to section 394.467 . . . At best, the State presented only conclusory evidence that Appellant met the requirements of section 394.467 . . .
. . . See § 394.467, Fla.Stat. (1999). . . . .
. . . Appellant appeals an order of involuntary commitment entered pursuant to section 394.467, Florida Statutes . . . See § 394.467(l)(a)2, Fla. Stat. (1999); Adams, 713 So.2d at 1063. . . .
. . . As to involuntary hospitalization, see section 394.467(1), Florida Statutes (1979); as to involuntary . . . As to criteria for involuntary hospitalization, see section 394.467(1), Florida Statutes (1979);. in . . .
. . . Beverly, 342 So.2d 481 (Fla.1977) was confronted with determining the constitutionality of section 394.467 . . . Section 394.467(1), Florida Statutes, quoted above, imparts a sufficient Legal meaning to the term ‘mental . . . The court held that the “likely-to-injure” standard under section 394.467(l)(a) as opposed to the “manifestly . . . State, 443 So.2d 406 (Fla. 4th DCA 1984), the court noted that the Legislature amended section 394.467 . . .
. . . The state has the burden to establish the criteria for involuntary placement set out in section 394.467 . . . See § 394.467(l)(b), Fla. Stat. (1997); LA. v. . . . medicine, sufficient to prove “a real and present threat of substantial harm to ... her well-being.” § 394.467 . . .
. . . Appellant appeals an order of involuntary placement entered pursuant to section 394.467, Florida Statutes . . . Without question, Appellant meets the criteria of section 394.467(l)(a)l. . . . issue is whether the State proved by clear and convincing evidence the criteria contained in section 394.467 . . . .2d 1292 (Fla. 1st DCA 1987), we find a deficiency in the proof to meet the requirements of section 394.467 . . .
. . . Joshua Thigpen appeals his involuntary commitment pursuant to section 394.467, Florida Statutes (1999 . . . Sec. 394.467(l)(a)2, Fla. Stat. (1999). Accordingly, for the same reasons expressed in Lyon v. . . .
. . . great public importance: IS A HEARING WHICH COMPLIES WITH THE REQUIREMENTS OF SECTIONS 39.407(4) AND 394.467 . . . requires an evidentiary hearing that complies with the substantive and procedural requirements of section 394.467 . . . section 39.407(4), Florida Statutes (Supp. 1998), and the Baker Act, specifically sections 394.463 and 394.467 . . . See § 394.467(3)—(4), (6)(a)1. . . . Seé § 394.467(1), (6). . . .
. . . Id. at n. 1 (citing § 394.467(6)(a)l., Fla. Stat.) . . . Weekly at D2577 n. 5, — So.2d at - n. 5, (citing section 394.467(4), Florida Statutes). . . .
. . . The appellant challenges a Baker Act order of involuntary placement for treatment pursuant to section 394.467 . . . nature, extent, and likelihood of any future harm which would comport with the requirements of section 394.467 . . .
. . . See § 394.467, Fla. Stat. (1999). . . . See § 394.467(4). . . .
. . . See section 394.467, Florida Statutes (1997)(providing for involuntary placement of mentally ill persons . . .
. . . . § 394.467(6)(a)1. . . .
. . . great public importance: IS A HEARING WHICH COMPLIES WITH THE REQUIREMENTS OF SECTIONS 39.407(4) AND 394.467 . . .