Florida Statute 394.67 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

F.S. 394.67

394.67 Definitions.—As used in this part, the term:

(1) “Agency” means the Agency for Health Care Administration.

(2) “Client” means any individual receiving services in any substance abuse or mental health facility, program, or service, which facility, program, or service is operated, funded, or regulated by the agency and the department or regulated by the agency.

(3) “Coordinated specialty care program” means an evidence-based program for individuals who are experiencing the early indications of serious mental illness, especially symptoms of a first psychotic episode, and which includes, but is not limited to, intensive case management, individual or group therapy, supported employment, family education and supports, and the provision of appropriate psychotropic medication as needed.

(4) “Crisis services” means short-term evaluation, stabilization, and brief intervention services provided to a person who is experiencing an acute mental or emotional crisis, as defined in subsection (18), or an acute substance abuse crisis, as defined in subsection (19), to prevent further deterioration of the person’s mental health. Crisis services are provided in settings such as a crisis stabilization unit, an inpatient unit, a short-term residential treatment program, a detoxification facility, or an addictions receiving facility; at the site of the crisis by a mobile crisis response team; or at a hospital on an outpatient basis.

(5) “Crisis stabilization unit” means a program that provides an alternative to inpatient hospitalization and that provides brief, intensive services 24 hours a day, 7 days a week, for mentally ill individuals who are in an acutely disturbed state.

(6) “Department” means the Department of Children and Families.

(7) “Director” means any member of the official board of directors reported in the organization’s annual corporate report to the Florida Department of State, or, if no such report is made, any member of the operating board of directors. The term excludes members of separate, restricted boards that serve only in an advisory capacity to the operating board.

(8) “District administrator” means the person appointed by the Secretary of Children and Families for the purpose of administering a department service district as set forth in ¹s. 20.19.

(9) “District plan” or “plan” means the combined district substance abuse and mental health plan approved by the district administrator and governing bodies in accordance with this part.

(10) “Federal funds” means funds from federal sources for substance abuse or mental health facilities and programs, exclusive of federal funds that are deemed eligible by the Federal Government, and are eligible through state regulation, for matching purposes.

(11) “Governing body” means the chief legislative body of a county, a board of county commissioners, or boards of county commissioners in counties acting jointly, or their counterparts in a charter government.

(12) ²“Health and human services board” or “board” means the board within a district or subdistrict of the department which is established in accordance with ¹s. 20.19 and designated in this part for the purpose of assessing the substance abuse and mental health needs of the community and developing a plan to address those needs.

(13) “Licensed facility” means a facility licensed in accordance with this chapter.

(14) “Local matching funds” means funds received from governing bodies of local government, including city commissions, county commissions, district school boards, special tax districts, private hospital funds, private gifts, both individual and corporate, and bequests and funds received from community drives or any other sources.

(15) “Managing employee” means the administrator or other similarly titled individual who is responsible for the daily operation of the facility.

(16) “Mental health services” means those therapeutic interventions and activities that help to eliminate, reduce, or manage symptoms or distress for persons who have severe emotional distress or a mental illness and to effectively manage the disability that often accompanies a mental illness so that the person can recover from the mental illness, become appropriately self-sufficient for his or her age, and live in a stable family or in the community. The term also includes those preventive interventions and activities that reduce the risk for or delay the onset of mental disorders. The term includes the following types of services:

(a) Treatment services, such as psychiatric medications and supportive psychotherapies, which are intended to reduce or ameliorate the symptoms of severe distress or mental illness.

(b) Rehabilitative services, which are intended to reduce or eliminate the disability that is associated with mental illness. Rehabilitative services may include assessment of personal goals and strengths, readiness preparation, specific skill training, and assistance in designing environments that enable individuals to maximize their functioning and community participation.

(c) Support services, which include services that assist individuals in living successfully in environments of their choice. Such services may include income supports, social supports, housing supports, vocational supports, or accommodations related to the symptoms or disabilities associated with mental illness.

(d) Case management services, which are intended to assist individuals in obtaining the formal and informal resources that they need to successfully cope with the consequences of their illness. Resources may include treatment or rehabilitative or supportive interventions by both formal and informal providers. Case management may include an assessment of client needs; intervention planning with the client, his or her family, and service providers; linking the client to needed services; monitoring service delivery; evaluating the effect of services and supports; and advocating on behalf of the client.

Mental health services may be delivered in a variety of settings, such as inpatient, residential, partial hospital, day treatment, outpatient, club house, or a drop-in or self-help center, as well as in other community settings, such as the client’s residence or workplace. The types and intensity of services provided shall be based on the client’s clinical status and goals, community resources, and preferences. Services such as assertive community treatment involve all four types of services which are delivered by a multidisciplinary treatment team that is responsible for identified individuals who have a serious mental illness.

(17) “Patient fees” means compensation received by a community substance abuse or mental health facility for services rendered to a specific client from any source of funds, including city, county, state, federal, and private sources.

(18) “Person who is experiencing an acute mental or emotional crisis” means a child, adolescent, or adult who is experiencing a psychotic episode or a high level of mental or emotional distress which may be precipitated by a traumatic event or a perceived life problem for which the individual’s typical coping strategies are inadequate. The term includes an individual who meets the criteria for involuntary examination specified in s. 394.463(1).

(19) “Person who is experiencing an acute substance abuse crisis” means a child, adolescent, or adult who is experiencing a medical or emotional crisis because of the use of alcoholic beverages or any psychoactive or mood-altering substance. The term includes an individual who meets the criteria for involuntary admission specified in s. 397.675.

(20) “Premises” means those buildings, beds, and facilities located at the main address of the licensee and all other buildings, beds, and facilities for the provision of acute or residential care which are located in such reasonable proximity to the main address of the licensee as to appear to the public to be under the dominion and control of the licensee.

(21) “Program office” means the Mental Health Program Office of the Department of Children and Families.

(22) “Residential treatment center for children and adolescents” means a 24-hour residential program, including a therapeutic group home, which provides mental health services to emotionally disturbed children or adolescents as defined in s. 394.492(5) or (6) and which is a private for-profit or not-for-profit corporation licensed by the agency which offers a variety of treatment modalities in a more restrictive setting.

(23) “Residential treatment facility” means a facility providing residential care and treatment to individuals exhibiting symptoms of mental illness who are in need of a 24-hour-per-day, 7-day-a-week structured living environment, respite care, or long-term community placement.

(24) “Sliding fee scale” means a schedule of fees for identified services delivered by a service provider which are based on a uniform schedule of discounts deducted from the service provider’s usual and customary charges. These charges must be consistent with the prevailing market rates in the community for comparable services.

(25) “Substance abuse services” means services designed to prevent or remediate the consequences of substance abuse, improve an individual’s quality of life and self-sufficiency, and support long-term recovery. The term includes the following service categories:

(a) Prevention services, which include information dissemination; education regarding the consequences of substance abuse; alternative drug-free activities; problem identification; referral of persons to appropriate prevention programs; community-based programs that involve members of local communities in prevention activities; and environmental strategies to review, change, and enforce laws that control the availability of controlled and illegal substances.

(b) Assessment services, which include the evaluation of individuals and families in order to identify their strengths and determine their required level of care, motivation, and need for treatment and ancillary services.

(d) Rehabilitation services, which include residential, outpatient, day or night, case management, in-home, psychiatric, and medical treatment, and methadone or medication management.

(e) Ancillary services, which include self-help and other support groups and activities; aftercare provided in a structured, therapeutic environment; supported housing; supported employment; vocational services; and educational services.

History.—s. 3, ch. 70-109; s. 2, ch. 76-221; s. 132, ch. 77-104; s. 7, ch. 81-290; s. 2, ch. 82-223; s. 12, ch. 84-285; s. 1, ch. 85-167; s. 12, ch. 86-220; s. 11, ch. 92-58; s. 12, ch. 93-200; s. 26, ch. 98-171; s. 50, ch. 2000-139; s. 3, ch. 2000-265; ss. 6, 153, ch. 2000-349; s. 26, ch. 2007-230; s. 2, ch. 2009-132; s. 96, ch. 2014-19; s. 5, ch. 2020-39.

¹Note.—Section 2, ch. 2012-84, deleted s. 20.19(5), which set out service districts.

²Note.—Health and human services boards were abolished by s. 2, ch. 2000-139, which substantially reworded s. 20.19.

F.S. 394.67 on Google Scholar

F.S. 394.67 on Casetext

Amendments to 394.67

Arrestable Offenses / Crimes under Fla. Stat. 394.67

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.67.

Annotations, Discussions, Cases:

Cases Citing Statute 394.67

Total Results: 19

DEPARTMENT OF CHILDREN AND FAMILIES v. DEBORAH KIRSHNER AND STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-02T00:00:00-08:00

Snippet: and case management services as described in s. 394.67, which would offer an opportunity for improvement

In Re: Amendments to Florida Rules of Criminal Procedure - 2023 Legislation

Court: Fla. | Date Filed: 2023-11-22T00:00:00-08:00

Snippet: and case management services as described in s. 394.67, which may be provided by or within multi-disciplinary…case management services as described in section 394.67, Florida Statutes, would be inappropriate.

Silvio Membreno v. City of Hialeah

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-09T00:00:00-08:00

Citation: 188 So. 3d 13, 2016 Fla. App. LEXIS 3564, 2016 WL 889178

Snippet: of the D.C., 261 U.S. 525, 560, 43 S.Ct. 394, 67 L.Ed. 785 (1923), where the Court held that an

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Court: Fla. Att'y Gen. | Date Filed: 2011-12-04T23:53:00-08:00

Snippet: PB/tals 1 Section 394.65, Fla. Stat. 2 Section 394.67(13), Fla. Stat. 3 Section 394.76(3)(b), Fla. Stat

In Re Estate of Magee

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-26T00:53:00-07:00

Citation: 988 So. 2d 1

Snippet: Children's Hosp. of D.C., 261 U.S. 525, 43 S.Ct. 394, 67 L.Ed. 785 (1923), and stating: "Our recent

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Court: Fla. Att'y Gen. | Date Filed: 2001-08-02T00:53:00-07:00

Snippet: #39; means a client as defined in s. 393.063,7 s.394.67,8 s. 397.311,9 or s. 400.960,10 a forensic client…department for developmental services." 8 Section 394.67(3), Fla. Stat., defines "[c]lient" to

Perez v. State

Court: Fla. | Date Filed: 1993-06-24T00:00:00-07:00

Citation: 620 So. 2d 1256

Snippet: Children's Hospital, 261 U.S. 525, 43 S.Ct. 394, 67 L.Ed. 785 (1923), in West Coast Hotel Co. v. Parrish

Shaw v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-07-27T00:53:00-07:00

Citation: 546 So. 2d 796

Snippet: for commitment either to an HRS facility under § 394.67, Fla. Stat. or as a convicted felon *798 to the

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Court: Fla. Att'y Gen. | Date Filed: 1983-08-23T00:53:00-07:00

Snippet: community mental health facility.' Section 394.67(14), F.S. (1982 Supp.), defines `community mental…a board of a community health facility. Section 394.67(14), F.S. (1982 Supp.), defines a `community mental…subsections (2) and (3) of s 394.75 and as defined in s 394.67(3) has to do with alcohol and mental health service…definition of `[d]istrict plan' contained in s 394.67(3), F.S. (1982 Supp.), which `means the combined

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Court: Fla. Att'y Gen. | Date Filed: 1982-06-11T00:53:00-07:00

Snippet: the department and community programs. See, ss 394.67(1), (10), (11), and 394.69, F.S. Among other things…that can be effected at the district level'; s 394.67(3), F.S., referring to the `[d]istrict plan'…governing bodies in accordance with this part'; s 394.67(10), F.S., defining `[m]ental health board'…coordinating community mental health programs'; s 394.67(11), F.S., defining `[b]oard district' to mean

Sandegren v. STATE, ETC.

Court: Fla. | Date Filed: 1981-03-11T23:53:00-08:00

Citation: 397 So. 2d 657

Snippet: "a board of county commissioners." § 394.67(2), Fla. Stat. (1977). The legislature has decided

Zorick v. Tynes

Court: Fla. Dist. Ct. App. | Date Filed: 1979-06-08T00:53:00-07:00

Citation: 372 So. 2d 133

Snippet: at 193-94. [9] Testa, supra n. 8, 330 U.S. at 394, 67 S.Ct. 810. [10] Douglas, supra n. 8, 279 U.S.

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Court: Fla. Att'y Gen. | Date Filed: 1978-08-15T00:53:00-07:00

Snippet: subdistricts as defined in s. 20.19, F. S. (see s. 394.67(1), (10), and (11) and s. 394.69, F. S.), and serve… having jurisdiction in the board district, ss. 394.67(2) and 394.70, F. S., and each board must be duly… can be effected at the district level'; s. 394.67(3), F. S., referring to the `district plan'…governing bodies in accordance with this part'; s. 394.67(11), F. S., defining `board district' to mean…contemplated by part IV of Ch. 394, F. S. See s. 394.67(14), F. S., defining `community mental health facility

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Court: Fla. Att'y Gen. | Date Filed: 1977-09-21T00:53:00-07:00

Snippet: subdistricts as defined in s. 20.19, F. S., see ss. 394.67(1), (10), and (11) and 394.69, and serve as a direct… having jurisdiction in the board district, ss. 394.67(2) and 394.70, F. S., and each board must be duly…counterparts in a charter government.' Section 394.67(2), F. S. (1976 Supp.) A municipality contributing

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Court: Fla. Att'y Gen. | Date Filed: 1976-10-08T00:53:00-07:00

Snippet: except that ss. 3, 4, and 5 and the amendments to s. 394.67(1), F. S., contained in s. 2 shall take effect …under any other provision of law. Pursuant to s. 394.67(10), F. S. (1976 Supp.), the terms "mental…health programs." (Emphasis supplied.) Cf. s. 394.67(10), F. S. 1975, which defined the terms "

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Court: Fla. Att'y Gen. | Date Filed: 1976-07-02T00:53:00-07:00

Snippet: include one or more service districts. Section 394.67(11), F. S. The Lake/Sumter Mental Health Center…also ss. 394.453;394.455(8), (9), (10), and (11); 394.67(7) and (8); 394.71(2);394.73(2) and (3); 394.74…also ss.394.453; 394.455(8), (9), (10), and (11); 394.67(7) and (8);394.73(2) and (3); 394.74(1) and (2)

In Re Connors

Court: Fla. | Date Filed: 1976-05-05T00:53:00-07:00

Citation: 332 So. 2d 336

Snippet: Rehabilitative Services, pursuant to Florida Statute 394.67(3)(b) and the reports of each of the examining

Larson v. Lesser

Court: Fla. | Date Filed: 1958-11-04T23:53:00-08:00

Citation: 106 So. 2d 188

Snippet: . Childrens Hospital, 261 U.S. 525, 43 Sup.Ct. 394, 67 L.Ed. 785. In the instant case the privilege of

Miami Laundry Co. v. Florida Dry Cleaning & Laundry Board

Court: Fla. | Date Filed: 1938-07-27T00:00:00-08:00

Citation: 183 So. 759, 134 Fla. 1, 119 A.L.R. 956

Snippet: . Childrens Hospital, 261 U.S. 525, 43 Sup. Ct. 394,67 L. Ed. 785; State, ex rel. Fulton, v. Ives, 123