Florida Statute 397.6975 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 397
SUBSTANCE ABUSE SERVICES

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F.S. 397.6975

397.6975 Extension of involuntary treatment services period.—

(1) Whenever a service provider believes that an individual who is nearing the scheduled date of his or her release from involuntary treatment services continues to meet the criteria for involuntary services in s. 397.68111 or s. 397.6957, a petition for renewal of the involuntary treatment services order must be filed with the court before the expiration of the court-ordered services period. The petition may be filed by the service provider or by the person who filed the petition for the initial treatment order if the petition is accompanied by supporting documentation from the service provider. The court shall immediately schedule a hearing within 10 court working days to be held not more than 15 days after filing of the petition, and the court shall provide the copy of the petition for renewal and the notice of the hearing to all parties and counsel to the proceeding. The hearing is conducted pursuant to ss. 397.6957 and 397.697 and must be held before the circuit court unless referred to a magistrate.

(2) If the court finds that the petition for renewal of the involuntary treatment services order should be granted, it may order the respondent to receive involuntary treatment services for a period not to exceed an additional 90 days. When the conditions justifying involuntary treatment services no longer exist, the individual must be released as provided in s. 397.6971. When the conditions justifying involuntary services continue to exist after an additional 90 days of service, a new petition requesting renewal of the involuntary treatment services order may be filed pursuant to this section.

History.—s. 6, ch. 93-39; s. 39, ch. 2009-132; s. 41, ch. 2016-241; s. 37, ch. 2024-245.

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Amendments to 397.6975

Arrestable Offenses / Crimes under Fla. Stat. 397.6975

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 397.6975.

Annotations, Discussions, Cases:

Cases Citing Statute 397.6975

Total Results: 3

Lund v. Project Warm

Court: District Court of Appeal of Florida | Date Filed: 2015-09-29

Citation: 177 So. 3d 283, 2015 Fla. App. LEXIS 14655, 2015 WL 5736957

Snippet: petition as untimely because, pursuant to section 397.6975(1), Florida Statutes: [wjhenever a service provider

S.M.F. v. Needle

Court: District Court of Appeal of Florida | Date Filed: 2000-05-24

Citation: 757 So. 2d 1265, 2000 Fla. App. LEXIS 6211, 2000 WL 668225

Snippet: treatment order expired by its own terms. Section 397.6975 provides for the filing of a petition for renewal

Cole v. State

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

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

Snippet: or the period as extended pursuant to section 397.6975, Florida Statutes (1997), the client is automatically