Florida Statute 397.675 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 397
SUBSTANCE ABUSE SERVICES

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F.S. 397.675

397.675 Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and alternative involuntary assessment for minors, for purposes of assessment and stabilization, and for involuntary treatment.—A person meets the criteria for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder and, because of such impairment or disorder:

(1) Has lost the power of self-control with respect to substance abuse; and

(2)(a) Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that he or she is incapable of appreciating his or her need for such services and of making a rational decision in that regard, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services; or

(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.

History.—s. 6, ch. 93-39; s. 737, ch. 95-148; s. 23, ch. 2016-241; s. 26, ch. 2024-245.

F.S. 397.675 on Google Scholar

F.S. 397.675 on Casetext

Amendments to 397.675

Arrestable Offenses / Crimes under Fla. Stat. 397.675

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 397.675.

Annotations, Discussions, Cases:

Cases Citing Statute 397.675

Total Results: 10

IN RE: D. H. v. K. J. R.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-07T00:00:00-08:00

Snippet: impairment if the person meets the criteria in section 397.675. See § 397.6811. A person meets the criteria…physical harm on himself, herself, or another. § 397.675. " '[S]ubstance abuse impaired' … "substance abuse impairment," see § 397.675(2)(a). And while some of the attachments indicate

T. L. v. F. M.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-13T00:53:00-07:00

Snippet: involuntary admission and stabilization under section 397.675. In that order, the court also appointed regional… the respondent meets the criteria of section 397.675, and to order involuntary commitment in a hospital…for involuntary admission pursuant to section 397.675, under section 397.6821 a service provider may … are sufficient factual grounds under section 397.675 to confine the respondent for assessment and

Hayes Robertson Group v. Cherry

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-11T23:53:00-08:00

Snippet: alcohol and was an alcoholic.” 2 See § 397.675, Fla. Stat. (2014).

K.B. v. Florida Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-05T00:00:00-07:00

Citation: 202 So. 3d 909, 2016 Fla. App. LEXIS 14857

Snippet: pertinent provisions of the Marchman Act, sections 397.675, and 397.6811 through 397.6818, Florida Statutes

E.G. v. Dept. of Children and Familes

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-11T00:00:00-07:00

Citation: 193 So. 3d 78, 2016 Fla. App. LEXIS 7151

Snippet: voluntarily” enter treatment. Another statute, section 397.675, Florida Statutes (2015), addresses the circumstances

Edge-Gougen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-28T00:00:00-08:00

Citation: 182 So. 3d 730, 2015 Fla. App. LEXIS 19351, 2015 WL 9438003

Snippet: unable to make that decision due to impairment. § 397.675, Fla. Stat. (2015). There is no evidence in the

State v. Silliman

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-12T00:00:00-07:00

Citation: 168 So. 3d 245, 2015 Fla. App. LEXIS 8923, 2015 WL 3631621

Snippet: Marchman Act. We agree. The Marchman Act, section 397.675, Florida Statutes (2013), allows the involuntary…place. § 397.677, Fla. Stat. (2013). Thus, section 397.675 applies to persons who are substance abuse impaired

White v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-10T00:00:00-07:00

Citation: 170 So. 3d 77, 2015 Fla. App. LEXIS 8765, 2015 WL 3609816

Snippet: the “Marchman Act.” See §§ 397.301, 397.675, 397.677, 397.6772, Fla. Stat. (2013). The Marchman…another” unless taken into protective custody. §§ 397.675, 397.677, 397.6772. An officer can either take

In Re Involuntary Placement of Delgado

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-15T00:00:00-08:00

Citation: 24 So. 3d 1292, 2010 Fla. App. LEXIS 188

Snippet: from an order of commitment pursuant to chapter 397.675, Florida Statutes (2009), the recording of the

Cole v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-01T00:00:00-07:00

Citation: 714 So. 2d 479

Snippet: satisfaction of the test set forth in section 397.675, Florida Statutes (1997): A person meets the criteria…to meet the criteria" set forth in section 397.675, quoted above, may be involuntarily admitted to… the involuntary admission criteria of section 397.675. Based on that determination, the court must either…for involuntary admission prescribed in section 397.675 and, in addition: (1) Has been placed under protective…for involuntary admissions set forth in section 397.675. § 397.6957(2), Fla. Stat. (1997). At the conclusion