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: District Court of Appeal of Florida | Date Filed: 2024-02-07

Snippet: impairment if the person meets the criteria in section 397.675. See § 397.6811. A person meets the criteria

T. L. v. F. M.

Court: District Court of Appeal of Florida | Date Filed: 2019-03-13

Snippet: involuntary admission and stabilization under section 397.675. In that order, the court also appointed regional

Hayes Robertson Group v. Cherry

Court: District Court of Appeal of Florida | Date Filed: 2018-12-12

Citation: 260 So. 3d 1126

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

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

Court: District Court of Appeal of Florida | Date Filed: 2016-10-05

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: District Court of Appeal of Florida | Date Filed: 2016-05-11

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: District Court of Appeal of Florida | Date Filed: 2015-12-28

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: District Court of Appeal of Florida | Date Filed: 2015-06-12

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

White v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-06-10

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

In Re Involuntary Placement of Delgado

Court: District Court of Appeal of Florida | Date Filed: 2010-01-15

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: District Court of Appeal of Florida | Date Filed: 1998-06-01

Citation: 714 So. 2d 479, 1998 WL 282807

Snippet: satisfaction of the test set forth in section 397.675, Florida Statutes (1997): A person meets the criteria