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Florida Statute 394.469 | Lawyer Caselaw & Research
F.S. 394.469 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 394.469

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
F.S. 394.469
394.469 Discharge of involuntary patients.
(1) POWER TO DISCHARGE.At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator shall:
(a) Discharge the patient, unless the patient is under a criminal charge, in which case the patient shall be transferred to the custody of the appropriate law enforcement officer;
(b) Transfer the patient to voluntary status on his or her own authority or at the patient’s request, unless the patient is under criminal charge or adjudicated incapacitated; or
(c) Place an improved patient, except a patient under a criminal charge, on convalescent status in the care of a community facility.
(2) NOTICE.Notice of discharge or transfer of a patient shall be given as provided in s. 394.4599.
History.s. 10, ch. 71-131; s. 9, ch. 73-133; s. 10, ch. 79-298; s. 13, ch. 82-212; s. 712, ch. 95-148; s. 23, ch. 96-169.

F.S. 394.469 on Google Scholar

F.S. 394.469 on Casetext

Amendments to 394.469


Arrestable Offenses / Crimes under Fla. Stat. 394.469
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.469.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. TUTEN, v. FARIBORZIAN, M. D. a, 84 So. 3d 1063 (Fla. Dist. Ct. App. 2012)

. . . until a trial court has ruled upon a pending petition for involuntary placement, we note that section 394.469 . . . In fact, a plain reading of section 394.469 would indicate that a petition could be withdrawn prior to . . .

SANCHEZ, v. STATE, 949 So. 2d 1059 (Fla. Dist. Ct. App. 2007)

. . . See § 394.469(l)(a), Fla. . . .

MOSHER, v. STATE, 876 So. 2d 1230 (Fla. Dist. Ct. App. 2004)

. . . See § 394.469(l)(a), Fla. . . .

STATE v. HEIDRICK, STATE v. ORTIZ,, 707 So. 2d 1165 (Fla. Dist. Ct. App. 1998)

. . . Specifically, section 394.469(1), Florida Statutes (Supp.1996), provides that the administrator of the . . . State’s assertion, the discharge provision of section 916.16 is inapplicable, and pursuant to section 394.469 . . . Section 394.469(1) provides: (1) POWER TO DISCHARGE. — At any time a patient is found to no longer meet . . .

OZBOURN, v. STATE, 651 So. 2d 795 (Fla. Dist. Ct. App. 1995)

. . . See § 394.469(4), Fla.Stat. (1989). Godwin, 593 So.2d at 214. . . .

GODWIN, v. STATE, 593 So. 2d 211 (Fla. 1992)

. . . See § 394.469(4), Fla.Stat. (1989). Thus, we answer the rephrased question in the negative. . . .

F. JAGGERS, v. STATE, 509 So. 2d 1165 (Fla. Dist. Ct. App. 1987)

. . . he shall be transferred to the custody of the appropriate law enforcement authorities, see section 394.469 . . .

BELLAVANCE, a v. STATE d b a, 390 So. 2d 422 (Fla. Dist. Ct. App. 1980)

. . . It is equally clear that Section 394.469(1) and (2), Florida Statutes, provides, within certain limitations . . .

POWELL, v. STATE OF FLORIDA,, 579 F.2d 324 (5th Cir. 1978)

. . . . § 394.469(4). . . . . § 394.469. . . .

POWELL, v. GENUNG, M. D., 306 So. 2d 113 (Fla. 1974)

. . . release pursuant to Chapter 394, F.S., known as the Baker Act, and more particularly Sections 394.467 and 394.469 . . . Most importantly, Section 394.469 provides in part: “(1) Power to discharge. — At any time a patient . . . because of double jeopardy —which would adversely affect his eligibility for discharge under Section 394.469 . . .