Part I Florida Mental Health Act 394.451 – 394.47892
Part II Interstate Compact On Mental Health 394.479 – 394.484
Part III Comprehensive Child and Adolescent Mental Health Services 394.490 – 394.4995
Part IV Community Substance Abuse and Mental Health Services 394.65 – 394.9085
Part V Involuntary Civil Commitment of Sexually Violent Predators 394.910 – 394.932

Terms Used In Florida Statutes > Chapter 394

  • Access center: means a facility that has medical, mental health, and substance abuse professionals to provide emergency screening and evaluation for mental health or substance abuse disorders and may provide transportation to an appropriate facility if an individual is in need of more intensive services. See Florida Statutes 394.455
  • Addictions receiving facility: is a secure, acute care facility that, at a minimum, provides emergency screening, evaluation, detoxification, and stabilization services; is operated 24 hours per day, 7 days per week; and is designated by the department to serve individuals found to have substance abuse impairment who qualify for services under this part. See Florida Statutes 394.455
  • Administrator: means the chief administrative officer of a receiving or treatment facility or his or her designee. See Florida Statutes 394.455
  • Adult: means an individual who is 18 years of age or older or who has had the disability of nonage removed under chapter 743. See Florida Statutes 394.455
  • Advisory committee: means the Off-Highway Vehicle Recreation Advisory Committee created by…. See Florida Statutes 394.4615
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 394.67
  • Agency with jurisdiction: means the entity that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the Department of Corrections, a person who was adjudicated delinquent and is committed to the custody of the Department of Juvenile Justice, a person who was involuntarily committed to the custody of the Department of Children and Families upon an adjudication of not guilty by reason of insanity, or a person who is serving a sentence in a county or municipal jail for a sexually violent offense as defined in paragraph (9)(i). See Florida Statutes 394.912
  • Board: means the Governor and Cabinet, as the Board of Trustees of the Internal Improvement Trust Fund. See Florida Statutes 391.028
  • Board: means the Board of Trustees of the Internal Improvement Trust Fund. See Florida Statutes 394.4572
  • board: means the board within a district or subdistrict of the department which is established in accordance with 1s. See Florida Statutes 394.67
  • Borrower: means a person obligated to repay a mortgage loan and includes, but is not limited to, a coborrower or cosignor. See Florida Statutes 494.001
  • Client: means any individual receiving services in any substance abuse or mental health facility, program, or service, which facility, program, or service is operated, funded, or regulated by the agency and the department or regulated by the agency. See Florida Statutes 394.67
  • Clinical psychologist: means a psychologist as defined in…. See Florida Statutes 394.455
  • Clinical record: means all parts of the record required to be maintained and includes all medical records, progress notes, charts, and admission and discharge data, and all other information recorded by facility staff which pertains to the patient's hospitalization or treatment. See Florida Statutes 394.455
  • Clinical social worker: means a person licensed as a clinical social worker under…. See Florida Statutes 394.455
  • Commission: means the Financial Services Commission. See Florida Statutes 494.001
  • 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
  • Community mental health center or clinic: means a publicly funded, not-for-profit center that contracts with the department for the provision of inpatient, outpatient, day treatment, or emergency services. See Florida Statutes 394.455
  • Convicted of a sexually violent offense: means a person who has been:
    (a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere;
    (b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or
    (c) Adjudicated delinquent of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere. See Florida Statutes 394.912
  • Crisis services: means short-term evaluation, stabilization, and brief intervention services provided to a person who is experiencing an acute mental or emotional crisis, as defined in subsection (17), or an acute substance abuse crisis, as defined in subsection (18), to prevent further deterioration of the person's mental health. See Florida Statutes 394.67
  • Crisis stabilization unit: means a program that provides an alternative to inpatient hospitalization and that provides brief, intensive services 24 hours a day, 7 days a week, for mentally ill individuals who are in an acutely disturbed state. See Florida Statutes 394.67
  • Department: means the Department of Children and Families. See Florida Statutes 394.912
  • Department: means the Department of Environmental Protection. See Florida Statutes 391.028
  • Department: means the Department of Environmental Protection. See Florida Statutes 394.4572
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 394.4615
  • Department: means the Department of Children and Families. See Florida Statutes 394.455
  • Department: means the Department of Children and Families. See Florida Statutes 394.67
  • Designated receiving facility: means a facility approved by the department which may be a public or private hospital, crisis stabilization unit, or addictions receiving facility; which provides, at a minimum, emergency screening, evaluation, and short-term stabilization for mental health or substance abuse disorders; and which may have an agreement with a corresponding facility for transportation and services. See Florida Statutes 394.455
  • Designation: means the identification and inclusion of specific lands and waterways as part of the statewide system of greenways and trails pursuant to a formal public process, including the specific written consent of the landowner. See Florida Statutes 394.4572
  • Detoxification facility: means a facility licensed to provide detoxification services under chapter 397. See Florida Statutes 394.455
  • Director: means any member of the official board of directors reported in the organization's annual corporate report to the Florida Department of State, or, if no such report is made, any member of the operating board of directors. See Florida Statutes 394.67
  • District administrator: means the person appointed by the Secretary of Children and Families for the purpose of administering a department service district as set forth in 1s. See Florida Statutes 394.67
  • Electronic means: means a form of telecommunication which requires all parties to maintain visual as well as audio communication when being used to conduct an examination by a qualified professional. See Florida Statutes 394.455
  • Express and informed consent: means consent voluntarily given in writing, by a competent person, after sufficient explanation and disclosure of the subject matter involved to enable the person to make a knowing and willful decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion. See Florida Statutes 394.455
  • Facility: means any hospital, community facility, public or private facility, or receiving or treatment facility providing for the evaluation, diagnosis, care, treatment, training, or hospitalization of persons who appear to have or who have been diagnosed as having a mental illness or substance abuse impairment. See Florida Statutes 394.455
  • Federal funds: means funds from federal sources for substance abuse or mental health facilities and programs, exclusive of federal funds that are deemed eligible by the Federal Government, and are eligible through state regulation, for matching purposes. See Florida Statutes 394.67
  • Governing body: means the chief legislative body of a county, a board of county commissioners, or boards of county commissioners in counties acting jointly, or their counterparts in a charter government. See Florida Statutes 394.67
  • Greenway: means a linear open space established along either a natural corridor, such as a riverfront, stream valley, or ridgeline, or over land along a railroad right-of-way converted to recreational use, a canal, a scenic road, or other route; any natural or landscaped course for pedestrian or bicycle passage; an open space connector linking parks, nature reserves, cultural features, or historic sites with each other and populated areas; or a local strip or linear park designated as a parkway or greenbelt. See Florida Statutes 394.4572
  • Guardian: means the natural guardian of a minor, or a person appointed by a court to act on behalf of a ward's person if the ward is a minor or has been adjudicated incapacitated. See Florida Statutes 394.455
  • Guardian advocate: means a person appointed by a court to make decisions regarding mental health treatment on behalf of a patient who has been found incompetent to consent to treatment pursuant to this part. See Florida Statutes 394.455
  • Hospital: means a hospital licensed under chapter 395 and part II of chapter 408. 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
  • Incompetent to consent to treatment: means a state in which a person's judgment is so affected by a mental illness or a substance abuse impairment that he or she lacks the capacity to make a well-reasoned, willful, and knowing decision concerning his or her medical, mental health, or substance abuse treatment. See Florida Statutes 394.455
  • Involuntary examination: means an examination performed under…. See Florida Statutes 394.455
  • Involuntary services: means court-ordered outpatient services or inpatient placement for mental health treatment pursuant to…. See Florida Statutes 394.455
  • Licensed facility: means a facility licensed in accordance with this chapter. See Florida Statutes 394.67
  • Likely to engage in acts of sexual violence: means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others. See Florida Statutes 394.912
  • Local matching funds: means funds received from governing bodies of local government, including city commissions, county commissions, district school boards, special tax districts, private hospital funds, private gifts, both individual and corporate, and bequests and funds received from community drives or any other sources. See Florida Statutes 394.67
  • Marriage and family therapist: means a person licensed to practice marriage and family therapy under…. See Florida Statutes 394.455
  • Mental abnormality: means a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses. See Florida Statutes 394.912
  • Mental health counselor: means a person licensed to practice mental health counseling under…. See Florida Statutes 394.455
  • Mental health overlay program: means a mobile service that provides an independent examination for voluntary admission and a range of supplemental onsite services to persons with a mental illness in a residential setting such as a nursing home, an assisted living facility, or an adult family-care home or a nonresidential setting such as an adult day care center. See Florida Statutes 394.455
  • Mental health services: means those therapeutic interventions and activities that help to eliminate, reduce, or manage symptoms or distress for persons who have severe emotional distress or a mental illness and to effectively manage the disability that often accompanies a mental illness so that the person can recover from the mental illness, become appropriately self-sufficient for his or her age, and live in a stable family or in the community. See Florida Statutes 394.67
  • Mental illness: means an impairment of the mental or emotional processes that exercise conscious control of one's actions or of the ability to perceive or understand reality, which impairment substantially interferes with the person's ability to meet the ordinary demands of living. See Florida Statutes 394.455
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • Minor: means an individual who is 17 years of age or younger and who has not had the disability of nonage removed pursuant to…. See Florida Statutes 394.455
  • Mobile crisis response service: means a nonresidential crisis service available 24 hours per day, 7 days per week which provides immediate intensive assessments and interventions, including screening for admission into a mental health receiving facility, an addictions receiving facility, or a detoxification facility, for the purpose of identifying appropriate treatment services. See Florida Statutes 394.455
  • Mortgage loan: means any:
    (a) Residential loan primarily for personal, family, or household use which is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in…. See Florida Statutes 494.001
  • multiple-use: includes , but is not limited to, outdoor recreational activities as described in ss. See Florida Statutes 391.223
  • oath: includes affirmations. See Florida Statutes 88.6011
  • Off-highway vehicle: means any ATV, two-rider ATV, ROV, or OHM that is used off the roads or highways of this state and that is not registered and licensed for highway use under chapter 320. See Florida Statutes 394.4615
  • Office: means the Office of Greenways and Trails within the Department of Environmental Protection. See Florida Statutes 394.4572
  • 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
  • Patient fees: means compensation received by a community substance abuse or mental health facility for services rendered to a specific client from any source of funds, including city, county, state, federal, and private sources. See Florida Statutes 394.67
  • Person: means an individual 18 years of age or older who is a potential or actual subject of proceedings under this part. See Florida Statutes 394.912
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 88.6011
  • Physician: means a medical practitioner licensed under chapter 458 or chapter 459 who has experience in the diagnosis and treatment of mental illness or a physician employed by a facility operated by the United States Department of Veterans Affairs or the United States Department of Defense. See Florida Statutes 394.455
  • Physician assistant: means a person licensed under chapter 458 or chapter 459 who has experience in the diagnosis and treatment of mental disorders. See Florida Statutes 394.455
  • plan: means the combined district substance abuse and mental health plan approved by the district administrator and governing bodies in accordance with this part. See Florida Statutes 394.67
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 88.6011
  • Premises: means those buildings, beds, and facilities located at the main address of the licensee and all other buildings, beds, and facilities for the provision of acute or residential care which are located in such reasonable proximity to the main address of the licensee as to appear to the public to be under the dominion and control of the licensee. See Florida Statutes 394.67
  • Private facility: means a hospital or facility operated by a for-profit or not-for-profit corporation or association which provides mental health or substance abuse services and is not a public facility. See Florida Statutes 394.455
  • Program: means the Off-Highway Vehicle Recreation Program. See Florida Statutes 394.4615
  • Program office: means the Mental Health Program Office of the Department of Children and Families. See Florida Statutes 394.67
  • Psychiatric nurse: means an advanced registered nurse practitioner certified under…. See Florida Statutes 394.455
  • Psychiatrist: means a medical practitioner licensed under chapter 458 or chapter 459 for at least 3 years, inclusive of psychiatric residency. See Florida Statutes 394.455
  • Public facility: means a facility that has contracted with the department to provide mental health services to all persons, regardless of ability to pay, and is receiving state funds for such purpose. See Florida Statutes 394.455
  • Public lands: means lands within the state that are available for public use and that are owned, operated, or managed by a federal, state, county, or municipal governmental entity. See Florida Statutes 394.4615
  • Qualified professional: means a physician or a physician assistant licensed under chapter 458 or chapter 459; a psychiatrist licensed under chapter 458 or chapter 459; a psychologist as defined in…. See Florida Statutes 394.455
  • Receiving facility: means a public or private facility or hospital designated by the department to receive and hold or refer, as appropriate, involuntary patients under emergency conditions for mental health or substance abuse evaluation and to provide treatment or transportation to the appropriate service provider. See Florida Statutes 394.455
  • Relative: means any of the following, whether by the full or half blood or by adoption:
    (a) A person's spouse, father, mother, children, brothers, and sisters. See Florida Statutes 494.001
  • Representative: means a person selected to receive notice of proceedings during the time a patient is held in or admitted to a receiving or treatment facility. See Florida Statutes 394.455
  • Residential treatment center for children and adolescents: means a 24-hour residential program, including a therapeutic group home, which provides mental health services to emotionally disturbed children or adolescents as defined in…. See Florida Statutes 394.67
  • Residential treatment facility: means a facility providing residential care and treatment to individuals exhibiting symptoms of mental illness who are in need of a 24-hour-per-day, 7-day-a-week structured living environment, respite care, or long-term community placement. See Florida Statutes 394.67
  • Restraint: means :
    (a) A physical restraint, including any manual method or physical or mechanical device, material, or equipment attached or adjacent to an individual's body so that he or she cannot easily remove the restraint and which restricts freedom of movement or normal access to one's body. See Florida Statutes 394.455
  • Seclusion: means the physical segregation or involuntary isolation of a person in a room or area from which the person is prevented from leaving. See Florida Statutes 394.455
  • Secretary: means the secretary of the Department of Children and Families. See Florida Statutes 394.912
  • Secretary: means the Secretary of Children and Families. See Florida Statutes 394.455
  • Service provider: means a receiving facility, a facility licensed under chapter 397, a treatment facility, an entity under contract with the department to provide mental health or substance abuse services, a community mental health center or clinic, a psychologist, a clinical social worker, a marriage and family therapist, a mental health counselor, a physician, a psychiatrist, an advanced registered nurse practitioner, a psychiatric nurse, or a qualified professional as defined in…. See Florida Statutes 394.455
  • Sexually motivated: means that one of the purposes for which the defendant committed the crime was for sexual gratification. See Florida Statutes 394.912
  • Sexually violent offense: means :
    (a) Murder of a human being while engaged in sexual battery in violation of…. See Florida Statutes 394.912
  • Sexually violent predator: means any person who:
    (a) Has been convicted of a sexually violent offense; and
    (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. See Florida Statutes 394.912
  • Sliding fee scale: means a schedule of fees for identified services delivered by a service provider which are based on a uniform schedule of discounts deducted from the service provider's usual and customary charges. See Florida Statutes 394.67
  • Substance abuse impairment: means a condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance in such a manner that a person has lost the power of self-control and has inflicted or is likely to inflict physical harm on himself, herself, or another. See Florida Statutes 394.455
  • Substance abuse services: means services designed to prevent or remediate the consequences of substance abuse, improve an individual's quality of life and self-sufficiency, and support long-term recovery. See Florida Statutes 394.67
  • System: means the off-highway vehicle recreation areas and trails on public lands within the state. See Florida Statutes 394.4615
  • Total confinement: means that the person is currently being held in any physically secure facility being operated or contractually operated for the Department of Corrections, the Department of Juvenile Justice, or the Department of Children and Families. See Florida Statutes 394.912
  • Trails: means linear corridors and any adjacent support parcels on land or water providing public access for recreation or authorized alternative modes of transportation. See Florida Statutes 394.4572
  • Transfer evaluation: means the process by which a person who is being considered for placement in a state treatment facility is evaluated for appropriateness of admission to such facility. See Florida Statutes 394.455
  • Treatment facility: means a state-owned, state-operated, or state-supported hospital, center, or clinic designated by the department for extended treatment and hospitalization, beyond that provided for by a receiving facility, of persons who have a mental illness, including facilities of the United States Government, and any private facility designated by the department when rendering such services to a person pursuant to the provisions of this part. See Florida Statutes 394.455
  • Triage center: means a facility that has medical, mental health, and substance abuse professionals present or on call to provide emergency screening and evaluation for mental health or substance abuse disorders for individuals transported to the center by a law enforcement officer. See Florida Statutes 394.455
  • Trust fund: means the Incidental Trust Fund of the Florida Forest Service. See Florida Statutes 394.4615
  • veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 88.6011
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 88.6011