Florida Statutes
Fla. Stat. § 394.469 (2025)
Discharge of involuntary patients.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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, 593 So. 2d 211 (Fla. 1992).
Godwin v. State, 593 So. 2d 211 (Fla. 1992). “See § 394.469(4), Fla. Stat. (1989). Thus, we answer the rephrased question in the negative.”
Mosher v. State, 876 So. 2d 1230 (Fla. 1st DCA 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, 84 So. 3d 1063 (Fla. 1st DCA 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, 707 So. 2d 1165 (Fla. 3d DCA 1998). “Specifically, section 394.469(1), Florida Statutes (Supp.”
Bellavance v. State, 390 So. 2d 422 (Fla. 1st DCA 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, 651 So. 2d 795 (Fla. 1st DCA 1995). “See § 394.469(4), Fla. Stat. (1989). Godwin, 593 So.”
Jaggers v. State, 509 So. 2d 1165 (Fla. 1st DCA 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, 306 So. 2d 113 (Fla. 1974). “" Most importantly, Section 394.469 provides in part: "(1) Power to discharge.”
Sanchez v. State, 949 So. 2d 1059 (Fla. 3d DCA 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, 707 So. 2d 1165 (Fla. 3d DCA 1998). “Specifically, section 394.469(1), Florida Statutes (Supp.”
Bellavance v. State, 390 So. 2d 422 (Fla. 1st DCA 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, 876 So. 2d 1230 (Fla. 1st DCA 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, 593 So. 2d 211 (Fla. 1992). “See § 394.469(4), Fla. Stat. (1989). Thus, we answer the rephrased question in the negative.”
Ozbourn v. State, 651 So. 2d 795 (Fla. 1st DCA 1995). “See § 394.469(4), Fla. Stat. (1989). Godwin, 593 So.”
— 394.469(l)(a) — 1 case
Sanchez v. State, 949 So. 2d 1059 (Fla. 3d DCA 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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