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Part I - Florida Mental Health Act (Ss. 394.451-394.47892)
394.451 - Short title. - History.—s. 1, ch. 71-131.
394.453 - Legislative intent. - (1) It is the intent of the Legislature: (a) To...
394.455 - Definitions. - (1) “Access center” means a facility that has medical, mental...
394.457 - Operation and administration. - (1) ADMINISTRATION.—The Department of Children and Families is designated the...
394.4572 - Screening of mental health personnel. - (1)(a) The department and the Agency for Health Care Administration...
394.4573 - Coordinated system of care; annual assessment; essential elements; measures of performance; system improvement grants; reports. - (1) As used in this section: (a) “Care coordination” means...
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. - (1) As used in this section, the term “mental health...
394.458 - Introduction or removal of certain articles unlawful; penalty. - (1)(a) Except as authorized by law or as specifically authorized...
394.459 - Rights of patients. - (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this...
394.4593 - Sexual misconduct prohibited; reporting required; penalties. - (1) As used in this section, the term: (a) “Employee”...
394.4595 - Florida statewide and local advocacy councils; access to patients and records. - History.—s. 8, ch. 96-169; s. 10, ch. 2000-263.
394.4597 - Persons to be notified; patient’s representative. - (1) VOLUNTARY PATIENTS.—At the time a patient is voluntarily admitted...
394.4598 - Guardian advocate. - (1) The administrator may petition the court for the appointment...
394.4599 - Notice. - (1) VOLUNTARY ADMISSION.—Notice of an individual’s voluntary admission shall be...
394.460 - Rights of professionals. - History.—s. 4, ch. 73-133; s. 5, ch. 79-298; s. 8,...
394.461 - Designation of receiving and treatment facilities and receiving systems. - (1) RECEIVING FACILITY.—The department may designate any community facility as...
394.4612 - Integrated adult mental health crisis stabilization and addictions receiving facilities. - (1) The Agency for Health Care Administration, in consultation with...
394.4615 - Clinical records; confidentiality. - (1) A clinical record shall be maintained for each patient....
394.462 - Transportation. - (1) TRANSPORTATION TO A RECEIVING FACILITY.— (a) Each county shall...
394.4625 - Voluntary admissions. - (1) AUTHORITY TO RECEIVE PATIENTS.— (a) A facility may receive...
394.463 - Involuntary examination. - (1) CRITERIA.—A person may be taken to a receiving facility...
394.464 - Court records; confidentiality. - (1) All petitions for voluntary and involuntary admission for mental...
394.4655 - Involuntary outpatient services. - (1) DEFINITIONS.—As used in this section, the term: (a) “Court”...
394.467 - Involuntary inpatient placement. - (1) CRITERIA.—A person may be ordered for involuntary inpatient placement...
394.46715 - Rulemaking authority. - History.—s. 10, ch. 2004-385; s. 84, ch. 2014-19; s. 14,...
394.4672 - Procedure for placement of veteran with federal agency. - (1) Whenever it is determined by the court that a...
394.468 - Admission and discharge procedures. - (1) Admission and discharge procedures and treatment policies of the...
394.4685 - Transfer of patients among facilities. - (1) TRANSFER BETWEEN PUBLIC FACILITIES.— (a) A patient who has...
394.469 - Discharge of involuntary patients. - (1) POWER TO DISCHARGE.—At any time a patient is found...
394.473 - Attorney’s fee; expert witness fee. - (1) In the case of an indigent person for whom...
394.475 - Acceptance, examination, and involuntary placement of Florida residents from out-of-state mental health authorities. - (1) Upon the request of the state mental health authority...
394.4781 - Residential care for psychotic and emotionally disturbed children. - (1) DEFINITIONS.—As used in this section: (a) “Psychotic or severely...
394.4784 - Minors; access to outpatient crisis intervention services and treatment. - (1) OUTPATIENT DIAGNOSTIC AND EVALUATION SERVICES.—When any minor age 13...
394.4785 - Children and adolescents; admission and placement in mental facilities. - (1) A child or adolescent as defined in s. 394.492...
394.4786 - Intent. - (1) The Legislature intends that all hospitals, excluding hospitals owned...
394.47865 - South Florida State Hospital; privatization. - (1) The Department of Children and Families shall, through a...
394.4787 - Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789. - (1) “Acute mental health services” means mental health services provided...
394.4788 - Use of certain PMATF funds for the purchase of acute care mental health services. - (1) A hospital may be eligible to be reimbursed an...
394.4789 - Establishment of referral process and eligibility determination. - (1) It is the intent of the Legislature that a...
394.47891 - Veterans treatment court programs. - (1) LEGISLATIVE INTENT.—It is the intent of the Legislature to...
394.47892 - Mental health court programs. - (1) Each county may fund a mental health court program...
Part II - Interstate Compact on Mental Health (Ss. 394.479-394.484)
394.479 - Interstate Compact on Mental Health. - INTERSTATE COMPACT ON MENTAL HEALTH The contracting states solemnly agree...
394.480 - Compact administrator. - History.—s. 2, ch. 71-219; s. 100, ch. 99-8; s. 87,...
394.481 - Supplemental agreements with other states. - History.—s. 3, ch. 71-219.
394.482 - Payment of financial obligations imposed by compact. - History.—s. 4, ch. 71-219; s. 414, ch. 2003-261.
394.483 - Authorized actions by administrator. - History.—s. 5, ch. 71-219.
394.484 - Transmission of copies of act adopting compact. - History.—s. 6, ch. 71-219.
Part III - Comprehensive Child and Adolescent Mental Health Services (Ss. 394.490-394.4995)
394.490 - Short title. - History.—s. 1, ch. 98-5.
394.491 - Guiding principles for the child and adolescent mental health treatment and support system. - (1) The system should be centered on the child, adolescent,...
394.492 - Definitions. - (1) “Adolescent” means a person who is at least 13...
394.493 - Target populations for child and adolescent mental health services funded through the department. - (1) The child and adolescent mental health system of care...
394.494 - General performance outcomes for the child and adolescent mental health treatment and support system. - (1) It is the intent of the Legislature that the...
394.495 - Child and adolescent mental health system of care; programs and services. - (1) The department shall establish, within available resources, an array...
394.4955 - Coordinated system of care; child and adolescent mental health treatment and support. - (1) Pursuant to s. 394.9082(5)(d), each managing entity shall lead...
394.496 - Service planning. - (1) It is the intent of the Legislature that the...
394.497 - Case management services. - (1) As used in this section, the term “case management”...
394.499 - Integrated children’s crisis stabilization unit/juvenile addictions receiving facility services. - (1) The Department of Children and Families, in consultation with...
394.4995 - Conversion of specified facilities to children’s behavioral crisis units; not required. - History.—s. 7, ch. 2001-171; s. 2, ch. 2001-191. 1Note.—As enacted...
Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087)
394.65 - Short title. - History.—s. 1, ch. 70-109; s. 10, ch. 84-285; s. 4,...
394.656 - Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program. - (1) There is created within the Department of Children and...
394.657 - County planning councils or committees. - (1) Each board of county commissioners shall designate the county...
394.658 - Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program requirements. - (1) The Criminal Justice, Mental Health, and Substance Abuse Statewide...
394.659 - Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center. - (1) There is created a Criminal Justice, Mental Health, and...
394.6591 - Administrative costs and number of grants awarded. - (1) The administrative costs for each applicant county or consortium...
394.66 - Legislative intent with respect to substance abuse and mental health services. - (1) Ensure that a recovery and resiliency-based substance abuse and...
394.67 - Definitions. - (1) “Agency” means the Agency for Health Care Administration. (2)...
394.674 - Eligibility for publicly funded substance abuse and mental health services; fee collection requirements. - (1) To be eligible to receive substance abuse and mental...
394.676 - Indigent psychiatric medication program. - (1) Within legislative appropriations, the department may establish the indigent...
394.73 - Joint alcohol, drug abuse, and mental health service programs in two or more counties. - (1) Subject to rules established by the department, any county...
394.74 - Contracts for provision of local substance abuse and mental health programs. - (1) The department, when funds are available for such purposes,...
394.741 - Accreditation requirements for providers of behavioral health care services. - (1) As used in this section, the term “behavioral health...
394.75 - State and district substance abuse and mental health plans. - (1)(a) Every 3 years, beginning in 2001, the department, in...
394.76 - Financing of district programs and services. - (1) The district administrator shall ensure that, to the extent...
394.761 - Revenue maximization. - (1) The agency and the department shall develop a plan...
394.77 - Uniform management information, accounting, and reporting systems for providers. - (1) A uniform management information system and fiscal accounting system...
394.78 - Operation and administration; personnel standards; procedures for audit and monitoring of service providers; resolution of disputes. - (1)(a) The Department of Children and Families shall administer this...
394.80 - Authorization to appropriate funds. - History.—s. 16, ch. 70-109.
394.875 - Crisis stabilization units, residential treatment facilities, and residential treatment centers for children and adolescents; authorized services; license required. - (1)(a) The purpose of a crisis stabilization unit is to...
394.876 - Applications. - (1) In addition to the requirements of part II of...
394.877 - Fees. - History.—ss. 4, 11, ch. 85-167; s. 4, ch. 91-429; s....
394.879 - Rules; enforcement. - (1) The agency, in consultation with the department, may adopt...
394.90 - Inspection; right of entry; records. - (1)(a) The agency, in accordance with s. 408.811, and the...
394.902 - Moratorium on admissions. - History.—ss. 8, 11, ch. 85-167; s. 4, ch. 91-429; s....
394.903 - Receivership proceedings. - (1) The agency, independently or in conjunction with the department...
394.907 - Community mental health centers; quality assurance programs. - (1) As used in this section, the term “community mental...
394.908 - Substance abuse and mental health funding equity; distribution of appropriations. - (1) Funding thresholds for substance abuse and mental health services...
394.9082 - Behavioral health managing entities. - (1) INTENT AND PURPOSE.— (a) The Legislature finds that untreated...
394.90825 - Boards of behavioral health managing entities; conflicts of interest. - (1) As used in this section, the term: (a) “Activity”...
394.9084 - Florida Self-Directed Care program. - (1) The Department of Children and Families, in cooperation with...
394.9085 - Behavioral provider liability. - (1)(a) In any negligence action for damages for personal injury...
394.9086 - Commission on Mental Health and Substance Abuse. - (1) CREATION.—The Commission on Mental Health and Substance Abuse, a...
394.9087 - Florida Veterans’ Care Coordination Program. - (1) The Department of Veterans’ Affairs may establish the Florida...
Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)
394.910 - Legislative findings and intent. - History.—ss. 2, 3, ch. 98-64; s. 3, ch. 99-222. Note.—Former...
394.911 - Legislative intent. - History.—s. 4, ch. 99-222.
394.912 - Definitions. - (1) “Agency with jurisdiction” means the entity that releases, upon...
394.9125 - State attorney; authority to refer a person for civil commitment. - (1) A state attorney shall refer a person to the...
394.913 - Notice to state attorney and multidisciplinary team of release of sexually violent predator; establishing multidisciplinary teams; information to be provided to multidisciplinary teams. - (1) The agency with jurisdiction over a person who has...
394.9135 - Immediate releases from total confinement; transfer of person to department; time limitations on assessment, notification, and filing petition to hold in custody; filing petition after release; order into custody of department after releas... - (1)(a) If the anticipated release from total confinement of a...
394.914 - Petition; contents. - History.—s. 6, ch. 98-64; s. 8, ch. 99-222; s. 5,...
394.915 - Determination of probable cause; hearing; evaluation; respondent taken into custody; bail. - (1) When the state attorney files a petition seeking to...
394.9151 - Contract authority. - History.—s. 22, ch. 98-64; s. 3, ch. 2004-248; s. 104,...
394.9155 - Rules of procedure and evidence. - (1) The Florida Rules of Civil Procedure apply unless otherwise...
394.916 - Trial; counsel and experts; indigent persons; jury. - (1) Within 30 days after the determination of probable cause,...
394.917 - Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases. - (1) The court or jury shall determine by clear and...
394.918 - Examinations; notice; court hearings for release of committed persons; burden of proof. - (1) A person committed under this part shall have an...
394.919 - Authorized petition for release; procedure. - (1) If the secretary or the secretary’s designee at any...
394.920 - Petition for release. - History.—s. 12, ch. 98-64; s. 15, ch. 99-222. Note.—Former s....
394.921 - Release of records to agencies, multidisciplinary teams, and state attorney. - (1) In order to protect the public, relevant information and...
394.9215 - Right to habeas corpus. - (1)(a) At any time after exhausting all administrative remedies, a...
394.9221 - Certified security personnel. - History.—s. 3, ch. 2007-241.
394.9223 - Use of force. - (1) When necessary to provide protection and security to any...
394.923 - Immunity from civil liability. - History.—s. 15, ch. 98-64; s. 18, ch. 99-222; s. 2,...
394.924 - Severability. - History.—s. 16, ch. 98-64; s. 19, ch. 99-222. Note.—Former s....
394.925 - Applicability of act. - History.—s. 17, ch. 98-64; s. 20, ch. 99-222. Note.—Former s....
394.926 - Notice to victims and others of release of persons in the custody of the department. - (1) As soon as is practicable, the department shall give...
394.9265 - Introduction or removal of certain articles unlawful; penalty. - (1) Except as authorized by law or as specifically authorized...
394.927 - Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Florida Commission on Offender Review. - (1) A person who is held in lawful custody pursuant...
394.928 - Subsistence fees and costs of treatment. - (1) In recognition of the fact that persons committed under...
394.929 - Program costs. - History.—s. 21, ch. 98-64; s. 24, ch. 99-222; s. 3,...
394.930 - Authority to adopt rules. - (1) Procedures that must be followed by members of the...
394.931 - Quarterly and annual reports. - History.—s. 26, ch. 99-222; s. 83, ch. 2000-139; s. 8,...
394.932 - Registry of experts. - History.—s. 2, ch. 2006-33.