Florida Statutes
Part I - Florida Mental Health Act (Ss. 394.451-394.47892)
394.453 - Legislative intent.


(1) It is the intent of the Legislature:
(a) To authorize and direct the Department of Children and Families to evaluate, research, plan, and recommend to the Governor and the Legislature programs designed to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders.
(b) That treatment programs for such disorders include, but not be limited to, comprehensive health, social, educational, and rehabilitative services to persons requiring intensive short-term and continued treatment in order to encourage them to assume responsibility for their treatment and recovery. It is intended that:
1. Such persons be provided with emergency service and temporary detention for evaluation when required;
2. Such persons be admitted to treatment facilities on a voluntary basis when extended or continuing care is needed and unavailable in the community;
3. Involuntary placement be provided only when expert evaluation determines it is necessary;
4. Any involuntary treatment or examination be accomplished in a setting that is clinically appropriate and most likely to facilitate the person’s return to the community as soon as possible; and
5. Individual dignity and human rights be guaranteed to all persons who are admitted to mental health facilities or who are being held under s. 394.463.

(c) That services provided to persons in this state use the coordination-of-care principles characteristic of recovery-oriented services and include social support services, such as housing support, life skills and vocational training, and employment assistance, necessary for persons with mental health disorders and co-occurring mental health and substance use disorders to live successfully in their communities.
(d) That licensed, qualified health professionals be authorized to practice to the fullest extent of their education and training in the performance of professional functions necessary to carry out the intent of this part.

(2) It is the policy of this state that the use of restraint and seclusion on clients is justified only as an emergency safety measure to be used in response to imminent danger to the client or others. It is, therefore, the intent of the Legislature to achieve an ongoing reduction in the use of restraint and seclusion in programs and facilities serving persons with mental illness.
(3) The Legislature further finds the need for additional psychiatrists to be of critical state concern and recommends the establishment of an additional psychiatry program to be offered by one of Florida’s schools of medicine currently not offering psychiatry. The program shall seek to integrate primary care and psychiatry and other evolving models of care for persons with mental health and substance use disorders. Additionally, the Legislature finds that the use of telemedicine for patient evaluation, case management, and ongoing care will improve management of patient care and reduce costs of transportation.
History.—s. 2, ch. 71-131; s. 198, ch. 77-147; s. 1, ch. 79-298; s. 4, ch. 82-212; s. 2, ch. 84-285; s. 10, ch. 85-54; s. 1, ch. 91-249; s. 1, ch. 96-169; s. 96, ch. 99-8; s. 36, ch. 2006-227; s. 77, ch. 2014-19; s. 1, ch. 2016-231; s. 4, ch. 2016-241.

Structure Florida Statutes

Florida Statutes

Title XXIX - Public Health

Chapter 394 - Mental Health

Part I - Florida Mental Health Act (Ss. 394.451-394.47892)

394.451 - Short title.

394.453 - Legislative intent.

394.455 - Definitions.

394.457 - Operation and administration.

394.4572 - Screening of mental health personnel.

394.4573 - Coordinated system of care; annual assessment; essential elements; measures of performance; system improvement grants; reports.

394.4574 - Responsibilities for coordination of services for a mental health resident who resides in an assisted living facility that holds a limited mental health license.

394.458 - Introduction or removal of certain articles unlawful; penalty.

394.459 - Rights of patients.

394.4593 - Sexual misconduct prohibited; reporting required; penalties.

394.4595 - Florida statewide and local advocacy councils; access to patients and records.

394.4597 - Persons to be notified; patient’s representative.

394.4598 - Guardian advocate.

394.4599 - Notice.

394.460 - Rights of professionals.

394.461 - Designation of receiving and treatment facilities and receiving systems.

394.4612 - Integrated adult mental health crisis stabilization and addictions receiving facilities.

394.4615 - Clinical records; confidentiality.

394.462 - Transportation.

394.4625 - Voluntary admissions.

394.463 - Involuntary examination.

394.464 - Court records; confidentiality.

394.4655 - Involuntary outpatient services.

394.467 - Involuntary inpatient placement.

394.46715 - Rulemaking authority.

394.4672 - Procedure for placement of veteran with federal agency.

394.468 - Admission and discharge procedures.

394.4685 - Transfer of patients among facilities.

394.469 - Discharge of involuntary patients.

394.473 - Attorney’s fee; expert witness fee.

394.475 - Acceptance, examination, and involuntary placement of Florida residents from out-of-state mental health authorities.

394.4781 - Residential care for psychotic and emotionally disturbed children.

394.4784 - Minors; access to outpatient crisis intervention services and treatment.

394.4785 - Children and adolescents; admission and placement in mental facilities.

394.4786 - Intent.

394.47865 - South Florida State Hospital; privatization.

394.4787 - Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.

394.4788 - Use of certain PMATF funds for the purchase of acute care mental health services.

394.4789 - Establishment of referral process and eligibility determination.

394.47891 - Veterans treatment court programs.

394.47892 - Mental health court programs.