Florida Statute 945.46 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 945
DEPARTMENT OF CORRECTIONS

View Entire Chapter

F.S. 945.46

945.46 Initiation of involuntary placement proceedings with respect to a mentally ill inmate scheduled for release.—

(1) If an inmate who is receiving mental health treatment in the department is scheduled for release through expiration of sentence or any other means, but continues to be mentally ill and in need of care and treatment, as defined in s. 945.42, the warden is authorized to initiate procedures for involuntary placement pursuant to s. 394.467, 60 days prior to such release.

(2) In addition, the warden may initiate procedures for involuntary examination pursuant to s. 394.463 for any inmate who has a mental illness and meets the criteria of s. 394.463(1).

(3) The department may transport an individual who is being released from its custody to a receiving or treatment facility for involuntary examination or placement. Such transport shall be made to a facility that is specified by the Department of Children and Families as able to meet the specific needs of the individual. If the Department of Children and Families does not specify a facility, transport may be made to the nearest receiving facility.

History.—s. 1, ch. 82-224; s. 29, ch. 84-361; s. 7, ch. 96-422; s. 23, ch. 2000-161; s. 15, ch. 2008-250; s. 15, ch. 2010-64; s. 326, ch. 2014-19.

F.S. 945.46 on Google Scholar

F.S. 945.46 on Casetext

Amendments to 945.46

Arrestable Offenses / Crimes under Fla. Stat. 945.46

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 945.46.

Annotations, Discussions, Cases:

Cases Citing Statute 945.46

Total Results: 20

National Loan Acquisitions Company v. Tabernacle Christian Center Ministries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: Wachovia Mortg. Corp. v. Posti, 166 So. 3d 944, 945-46 (Fla. 4th DCA 2015). As a result, a judgment is

Leo L. Boatman v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-10-17

Snippet: plead guilty.” Noetzel v. State, 328 So. 3d 933, 945-46 (Fla. 2021). There is also “a ‘heightened’ standard

LEE COUNTY, FLORIDA v. DEAN WISH, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-03-08

Snippet: Cacho v. Bank of N.Y. Mellon, 124 So. 3d 943, 945-46 (Fla. 3d DCA 2013) (“As Ruiz concedes in his initial

U.S. BANK NATIONAL ASSOCIATION, ETC. v. LAURA SAUNDERS

Court: District Court of Appeal of Florida | Date Filed: 2023-08-30

Snippet: Wachovia Mortg. Corp. v. Posti, 166 So. 3d 944, 945-46 (Fla. 4th DCA 2015). Second, the trial court

FABIAN PICKETT v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-04-26

Snippet: 945, 2 945-46 (Fla. 1st DCA 2002) (recognizing that (i) recantation

Cordaryl Dion Gross v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: his residence. See Berg v. State, 327 So. 3d 944, 945–46 (Fla. 1st DCA 2021) (“The trial court found that

Jesse Bell v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2022-02-03

Snippet: not apply. See Eaglin v. State, 19 So. 3d 935, 945-46 (Fla. 2009) (noting that Muhammad’s procedures

LUIS H. MORALES and CECELIA MORALES v. FIFTH THIRD BANK

Court: District Court of Appeal of Florida | Date Filed: 2019-07-03

Citation: 275 So. 3d 197

Snippet: Wachovia Mortg. Corp. v. Posti, 166 So. 3d 944, 945-46 (Fla. 4th DCA 2015). We agree with appellants

Chacon v. Philip Morris USA, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2018-09-12

Citation: 254 So. 3d 1172

Snippet: manifested "while a resident of Florida." Id. at 945-46 (emphasis added). There is no discussion or suggestion

Michael H. Brooks v. Emily H. Brooks

Court: District Court of Appeal of Florida | Date Filed: 2018-02-23

Citation: 239 So. 3d 758

Snippet: Healthcare Corp. v. Estate of Shelley, 827 So. 2d 936, 945–46 (Fla. 2002). Therefore, courts should conduct in-camera

Gustavsson v. Holder

Court: District Court of Appeal of Florida | Date Filed: 2018-01-01

Citation: 236 So. 3d 476

Snippet: similar to Sanchez v. Hernandez, 971 So. 2d 944, 945-46 (Fla. 3d DCA 2007), in which the defendant's

Newbhard v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-12-20

Citation: 237 So. 3d 1075

Snippet: felony-murder. 4 See State v. Florida, 894 So. 2d 941, 945-46 (Fla. 2005) (receded from on other grounds by

Bayview Loan Servicing, LLC v. Debra A. Newell

Court: District Court of Appeal of Florida | Date Filed: 2017-12-05

Snippet: (Fla. 5th DCA 2016) (citing Posti, 166 So. 3d at 945- 46). The money judgment on the note in this case

Armen J. Pilafjian v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-02-10

Citation: 210 So. 3d 738, 2017 WL 539855, 2017 Fla. App. LEXIS 1645

Snippet: Criminal Cases-Report No. 2014-08, 176 So.3d 938, 945-46 (Fla. 2015). The instruction requires the jury

Morrison v. Homewise Preferred Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2017-02-10

Citation: 209 So. 3d 682, 2017 WL 543427, 2017 Fla. App. LEXIS 1648

Snippet: insurer is declared insolvent. 193 So.3d at 945-46. We agree with this rationale. FIGA presents

Bank of America, N.A. v. Nash

Court: District Court of Appeal of Florida | Date Filed: 2016-05-06

Citation: 200 So. 3d 131, 2016 Fla. App. LEXIS 6973, 2016 WL 2596015

Snippet: of due process. Posti, 166 So.3d at 945-46. Pleadings sufficient to invoke a court’s jurisdiction

Lennart S. Koo v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-02-11

Citation: 184 So. 3d 1101, 41 Fla. L. Weekly Supp. 38, 2016 Fla. LEXIS 279

Snippet: evidence. See, e.g., Stephens v. State, 829 So.2d 945, 945-46 (Fla. 1st DCA 2002). “[A] recantation is not precluded

William P. Aubin v. Union Carbide Corporation

Court: Supreme Court of Florida | Date Filed: 2015-10-29

Citation: 177 So. 3d 489, 40 Fla. L. Weekly Supp. 596, 2015 Fla. LEXIS 2417, 2015 WL 6513924

Snippet: subject product is defective. Delaney, 999 P.2d at 945-46; accord Potter, 694 A.2d at 1331 (requirement of

Guevara v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-06-05

Citation: 164 So. 3d 1254, 2015 Fla. App. LEXIS 8587, 2015 WL 3522178

Snippet: trial.”); Sabine v. State, 58 So.3d 943, 945-46 (Fla. 2d DCA 2011) (applying “proper remedy” of

Damianakis v. Philip Morris USA Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 155 So. 3d 453, 2015 Fla. App. LEXIS 197, 2015 WL 416442

Snippet: during her Florida residency. Id. at 945-46. The trial court granted the defendants’ motion