The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 397
SUBSTANCE ABUSE SERVICES

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F.S. 397.6811

397.6811 Involuntary assessment and stabilization.—A person determined by the court to appear to meet the criteria for involuntary admission under s. 397.675 may be admitted for a period of 5 days to a hospital or to a licensed detoxification facility or addictions receiving facility, for involuntary assessment and stabilization or to a less restrictive component of a licensed service provider for assessment only upon entry of a court order or upon receipt by the licensed service provider of a petition. Involuntary assessment and stabilization may be initiated by the submission of a petition to the court.

(1) If the person upon whose behalf the petition is being filed is an adult, a petition for involuntary assessment and stabilization may be filed by the respondent’s spouse or legal guardian, any relative, a private practitioner, the director of a licensed service provider or the director’s designee, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment.

(2) If the person upon whose behalf the petition is being filed is a minor, a petition for involuntary assessment and stabilization may be filed by a parent, legal guardian, legal custodian, or licensed service provider.

History.—s. 6, ch. 93-39; s. 746, ch. 95-148; s. 31, ch. 2016-241.

F.S. 397.6811 on Google Scholar

F.S. 397.6811 on Casetext

Amendments to 397.6811

Arrestable Offenses / Crimes under Fla. Stat. 397.6811

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 397.6811.

Annotations, Discussions, Cases:

Cases from cite.case.law:

K. B. a v. FLORIDA DEPARTMENT OF CHILDREN FAMILIES,, 202 So. 3d 909 (Fla. Dist. Ct. App. 2016)

. . . Under the pertinent provisions of the Marchman Act, sections 397.675, and 397.6811 through 397.6818, . . .

E. G. a v. DEPARTMENT OF CHILDREN,, 193 So. 3d 78 (Fla. Dist. Ct. App. 2016)

. . . Although Chapter 397 includes various sections, such as section 397.6811, whereby a court could ostensibly . . .

STATE v. LEGNOSKY,, 27 So. 3d 794 (Fla. Dist. Ct. App. 2010)

. . . See § 397.6811, Fla. Stat. (2008). . . .

COLE, v. STATE, 714 So. 2d 479 (Fla. Dist. Ct. App. 1998)

. . . Pursuant to section 397.6811, Florida Statutes (1997), a person who “appear[s] to meet the criteria” . . . list of persons who may file the petition is generally the same as those who are authorized by section 397.6811 . . . or any three adults who have personal knowledge of the respondent's substance abuse impairment." § 397.6811 . . .