Florida Statutes

Fla. Stat. § 945.43 (2025)

Involuntary examination.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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945.43 Involuntary examination.—

(1) If there is reason to believe that an inmate has a mental illness and the inmate is in need of care and treatment, the inmate’s treating clinician may refer the inmate to a mental health treatment facility for an involuntary examination. Upon referral, the warden of the facility where the inmate is housed shall transfer the inmate to a mental health treatment facility.

(2) Upon arrival to the mental health treatment facility, the inmate shall be examined by a psychiatrist and a second psychiatrist or psychological professional to determine whether the inmate is in need of care and treatment.

(3) If, after the examination, the inmate is determined to be in need of care and treatment, the psychiatrist shall propose a recommended course of treatment that is essential to the care of the inmate and the warden shall initiate proceedings for placement of the inmate in the mental health treatment facility and for involuntary treatment of the inmate as specified in s. 945.44. If the inmate is not in need of care and treatment, he or she shall be transferred out of the mental health treatment facility and provided with appropriate mental health services.

(4) The involuntary examination and initiation of court proceedings for the placement and applicable involuntary treatment of the inmate in the mental health treatment facility shall be completed within 10 calendar days after arrival.

(5) The inmate may remain in the mental health treatment facility pending a hearing after the timely filing of a petition as described in s. 945.44. Pending a hearing, necessary emergency treatment may be provided in the mental health treatment facility upon the written order of a physician as provided in s. 945.48.

History.—s. 1, ch. 82-224; s. 29, ch. 84-361; s. 75, ch. 85-62; s. 4, ch. 96-422; s. 1860, ch. 97-102; s. 20, ch. 2000-161; s. 103, ch. 2004-11; s. 12, ch. 2008-250; s. 14, ch. 2010-64; s. 10, ch. 2025-81.

Notes of Decisions

Cited in 6 cases, 1997–2008 · leading case: Raines v. State of Florida, 983 F. Supp. 1362 (N.D. Fla. 1997).

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Raines v. State of Florida, 983 F. Supp. 1362 (N.D. Fla. 1997). · cites it 2× “” Fla.Stat. § 945.43(1). The CMHI has 110 beds, and averages about 90 prisoners assigned, and these prisoners stay for an average of 180 days.”

Florida Dep't of Corr. v. Watts, 800 So. 2d 225 (Fla. 2001). · cites it 3× “Section 945.43 also provides procedures for the admission of mentally ill inmates to CMHI: (2) Admission to a mental health treatment facility.”

E.F. v. State, 889 So. 2d 135 (Fla. 3d DCA 2004). · cites it 2× “Section 945.43, Florida Statutes (2003), outlines the criteria under which an inmate at a correctional institution may be involuntarily transferred to a corrections mental health facility for involuntary treatment.”

W.M. v. State, 992 So. 2d 383 (Fla. 5th DCA 2008). · cites it 2× “, § 945.43, Fla. Stat. and § 945.45, Fla. Stat.”

WM v. State, 992 So. 2d 383 (Fla. 5th DCA 2008). · cites it 2× “, § 945.43, Fla. Stat. and § 945.45, Fla. Stat.”

EF v. State, 889 So. 2d 135 (Fla. 3d DCA 2004). · cites it 2× “Section 945.43, Florida Statutes (2003), outlines the criteria under which an inmate at a correctional institution may be involuntarily transferred to a corrections mental health facility for involuntary treatment.”

— 945.43(1) — 2 cases

Raines v. State of Florida, 983 F. Supp. 1362 (N.D. Fla. 1997). “” Fla.Stat. § 945.43(1). The CMHI has 110 beds, and averages about 90 prisoners assigned, and these prisoners stay for an average of 180 days.”

Florida Dep't of Corr. v. Watts, 800 So. 2d 225 (Fla. 2001). “Section 945.43 also provides procedures for the admission of mentally ill inmates to CMHI: (2) Admission to a mental health treatment facility.”

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