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September 18, 2018
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The Florida Statutes

The 2018 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 397
SUBSTANCE ABUSE SERVICES
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F.S. 397.697
397.697 Court determination; effect of court order for involuntary services.
(1) When the court finds that the conditions for involuntary services have been proved by clear and convincing evidence, it may order the respondent to receive involuntary services from a publicly funded licensed service provider for a period not to exceed 90 days. The court may also order a respondent to undergo treatment through a privately funded licensed service provider if the respondent has the ability to pay for the treatment, or if any person on the respondent’s behalf voluntarily demonstrates a willingness and an ability to pay for the treatment. If the court finds it necessary, it may direct the sheriff to take the respondent into custody and deliver him or her to the licensed service provider specified in the court order, or to the nearest appropriate licensed service provider, for involuntary services. When the conditions justifying involuntary services no longer exist, the individual must be released as provided in s. 397.6971. When the conditions justifying involuntary services are expected to exist after 90 days of services, a renewal of the involuntary services order may be requested pursuant to s. 397.6975 before the end of the 90-day period.
(2) In all cases resulting in an order for involuntary services, the court shall retain jurisdiction over the case and the parties for the entry of such further orders as the circumstances may require. The court’s requirements for notification of proposed release must be included in the original order.
(3) An involuntary services order authorizes the licensed service provider to require the individual to receive services that will benefit him or her, including services at any licensable service component of a licensed service provider.
(4) If the court orders involuntary services, a copy of the order must be sent to the managing entity within 1 working day after it is received from the court. Documents may be submitted electronically though existing data systems, if applicable.
History.s. 6, ch. 93-39; s. 754, ch. 95-148; s. 37, ch. 2009-132; s. 39, ch. 2016-241.