Florida Statute 945.43 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 945
DEPARTMENT OF CORRECTIONS

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F.S. 945.43

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.

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Amendments to 945.43

Annotations, Discussions, Cases:

Cases Citing Statute 945.43

Total Results: 6

Raines v. State of Florida

983 F. Supp. 1362, 1997 U.S. Dist. LEXIS 19581, 1997 WL 725985

District Court, N.D. Florida | Filed: Mar 21, 1997 | Docket: 1806315

Cited 3 times | Published

"mentally ill and is in need of treatment." Fla.Stat. § 945.43(1). The CMHI has 110 beds, and averages about

Florida Department of Corrections v. Watts

800 So. 2d 225, 26 Fla. L. Weekly Supp. 743, 2001 Fla. LEXIS 2264, 2001 WL 1380024

Supreme Court of Florida | Filed: Nov 8, 2001 | Docket: 64810295

Cited 1 times | Published

responsibilities of the Department of Corrections. Section 945.43(1), Florida Statutes (1999), entitled “Admission

WM v. State

992 So. 2d 383, 2008 WL 4525772

District Court of Appeal of Florida | Filed: Oct 10, 2008 | Docket: 1391387

Published

reflected in other Florida statutes. See, e.g., § 945.43, Fla. Stat. and § 945.45, Fla. Stat. (effective

W.M. v. State

992 So. 2d 383, 2008 Fla. App. LEXIS 15416

District Court of Appeal of Florida | Filed: Oct 10, 2008 | Docket: 64855800

Published

reflected in other Florida statutes. See, e.g., § 945.43, Fla. Stat. and § 945.45, Fla. Stat. (effective

EF v. State

889 So. 2d 135, 2004 WL 2726017

District Court of Appeal of Florida | Filed: Dec 1, 2004 | Docket: 1742867

Published

commitment to a corrections mental health facility. Section 945.43, Florida Statutes (2003), outlines the criteria

E.F. v. State

889 So. 2d 135, 2004 Fla. App. LEXIS 18149

District Court of Appeal of Florida | Filed: Dec 1, 2004 | Docket: 64834985

Published

commitment to a corrections mental health facility. Section 945.43, Florida Statutes (2003), outlines the criteria