(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;

Terms Used In Florida Statutes 394.469

  • Administrator: means the chief administrative officer of a receiving or treatment facility or his or her designee. See Florida Statutes 394.455
  • Community facility: means a community service provider that contracts with the department to furnish substance abuse or mental health services under part IV of this chapter. See Florida Statutes 394.455
  • Incapacitated: means that a person has been adjudicated incapacitated pursuant to part V of chapter 744 and a guardian of the person has been appointed. See Florida Statutes 394.455
  • Patient: means any person, with or without a co-occurring substance abuse disorder, who is held or accepted for mental health treatment. See Florida Statutes 394.455
(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.