Florida Statutes

Fla. Stat. § 397.6975 (2025)

Extension of involuntary treatment services period.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3 cases, 1998–2015 · leading case: Cole v. State, 714 So. 2d 479 (Fla. 2d DCA 1998).
Cole v. State, 714 So. 2d 479 (Fla. 2d DCA 1998). · cites it 4× “§ 397.6975, Fla. Stat. (1997). [10] Our description of Cole's case is taken from his petition to this court and the appendix that accompanied it.”
Lund v. Proj. Warm, 177 So. 3d 283 (Fla. 5th DCA 2015). · cites it 3× “Petitioner’s counsel moved to dismiss the petition as untimely because, pursuant to section 397.6975(1), Florida Statutes: [wjhenever a service provider believes that an individual who is nearing the scheduled date of release from involuntary treatment continues to meet the…”
S.M.F. v. Needle, 757 So. 2d 1265 (Fla. 4th DCA 2000). “Section 397.6975 provides for the filing of a petition for renewal of the involuntary treatment order, on which the court is required to hold a hearing, and if it finds the petition should be granted, it may order involuntary treatment for an additional ninety days; additional…”
— 397.6975(1) — 1 case
Lund v. Proj. Warm, 177 So. 3d 283 (Fla. 5th DCA 2015). “Petitioner’s counsel moved to dismiss the petition as untimely because, pursuant to section 397.6975(1), Florida Statutes: [wjhenever a service provider believes that an individual who is nearing the scheduled date of release from involuntary treatment continues to meet the…”
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