394.469
Discharge of involuntary patients.
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394.469 Discharge of involuntary patients.—
(1) POWER TO DISCHARGE.—At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator shall:
(a) Discharge the patient, unless the patient is under a criminal charge, in which case the patient shall be transferred to the custody of the appropriate law enforcement officer;
(b) Transfer the patient to voluntary status on his or her own authority or at the patient’s request, unless the patient is under criminal charge or adjudicated incapacitated; or
(c) Place an improved patient, except a patient under a criminal charge, on convalescent status in the care of a community facility.
(2) NOTICE.—Notice of discharge or transfer of a patient shall be given as provided in s. 394.4599.
History.—s. 10, ch. 71-131; s. 9, ch. 73-133; s. 10, ch. 79-298; s. 13, ch. 82-212; s. 712, ch. 95-148; s. 23, ch. 96-169.
Notes of Decisions
Cited in 9
cases, 1974–2012 · leading case: Godwin v. State
Godwin v. State (1992)
“See § 394.469(4), Fla. Stat. (1989). Thus, we answer the rephrased question in the negative.”
Mosher v. State (2004)
“See § 394.469(1)(a), Fla. Stat. (2002)("At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator shall: Discharge the patient, unless the patient is under a criminal charge, in which case the patient shall be transferred to the…”
Tuten v. Fariborzian (2012)
“Turning first to the argument that the Baker Act creates a duty not to release a patient under treatment until a trial court has ruled upon a pending petition for involuntary placement, we note that section 394.469, Florida Statutes (2008), provides that “[a]t any time a patient…”
State v. Heidrick (1998)
“Specifically, section 394.469(1), Florida Statutes (Supp.”
Bellavance v. State (1980)
“It is equally clear that Section 394.469(1) and (2), Florida Statutes, provides, within certain limitations, the requisite statutory authority for the Northeast Florida State Hospital to release a mentally ill patient.”
Ozbourn v. State (1995)
“See § 394.469(4), Fla. Stat. (1989). Godwin, 593 So.”
Jaggers v. State (1987)
“One pertinent difference however, is that if the patient was civilly committed in Florida on a criminal charge, upon discharge he shall be transferred to the custody of the appropriate law enforcement authorities, see section 394.469 Florida Statutes, unlike the provisions of…”
Powell v. Genung (1974)
“" Most importantly, Section 394.469 provides in part: "(1) Power to discharge.”
Sanchez v. State (2007)
“See § 394.469(l)(a), Fla. Stat. (2002)("At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator shall: Discharge the patient, unless the patient is under a criminal charge, in which case the patient shall be transferred to the…”
— 394.469(1) — 2 cases
State v. Heidrick (1998)
“Specifically, section 394.469(1), Florida Statutes (Supp.”
Bellavance v. State (1980)
“It is equally clear that Section 394.469(1) and (2), Florida Statutes, provides, within certain limitations, the requisite statutory authority for the Northeast Florida State Hospital to release a mentally ill patient.”
— 394.469(1)(a) — 1 case
Mosher v. State (2004)
“See § 394.469(1)(a), Fla. Stat. (2002)("At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator shall: Discharge the patient, unless the patient is under a criminal charge, in which case the patient shall be transferred to the…”
— 394.469(4) — 2 cases
Godwin v. State (1992)
“See § 394.469(4), Fla. Stat. (1989). Thus, we answer the rephrased question in the negative.”
Ozbourn v. State (1995)
“See § 394.469(4), Fla. Stat. (1989). Godwin, 593 So.”
— 394.469(l)(a) — 1 case
Sanchez v. State (2007)
“See § 394.469(l)(a), Fla. Stat. (2002)("At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator shall: Discharge the patient, unless the patient is under a criminal charge, in which case the patient shall be transferred to the…”
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