Taken In For An Evaluation
Fla. Stat. 394.463 — involuntary examination, for up to 72 hours
In Florida, a person may be taken to a receiving facility for involuntary examination if there is reason to believe the person has a mental illness and, because of it, has refused voluntary examination after the purpose was explained, or cannot decide for themselves whether examination is necessary. There also has to be either a real and present threat of substantial harm from neglect that family, friends or services cannot avert, or a substantial likelihood of serious bodily harm to self or others in the near future, shown by recent behavior.
| How it starts | What the section requires |
|---|---|
| How it startsA court's ex parte order | What the section requiresSworn testimony with specific facts; valid until delivery or the period it names, or 7 days if it names none |
| How it startsA law enforcement officer | What the section requiresThe person appears to meet the criteria; restraint in the least restrictive manner available, and a written report of the circumstances |
| How it startsA professional's certificate | What the section requiresA physician or listed professional who examined the person within the preceding 48 hours |
The examination period is up to 72 hours and begins when the patient arrives at the receiving facility. For a minor, the examination begins within 12 hours of arrival. Within the period the patient is released, released for voluntary outpatient treatment, asked to consent to voluntary admission, or the subject of a petition for involuntary services filed with the court.
- A patient charged with a crime is returned to law enforcement custody rather than released.
- The facility may not release the patient without documented approval from a psychiatrist, a clinical psychologist with at least 3 years of clinical experience, or another professional the section lists.
- If the period ends on a weekend or holiday and the facility intends to file a petition, it may hold the patient through the next working day, and must release the patient if it does not file by the close of business that day.
- An officer transporting a minor gives a parent or guardian who is present the facility's name, address and contact information before leaving, subject to safety concerns.
The rules on firearms seized during custody, the notice given to the patient and family, and the hearing on a petition for involuntary services are in the section and in other sections of the part and are not reproduced in full here. Whether an examination met the statute is a question for a court and for a licensed Florida attorney.
Sources for this section (1)
- Fla. Stat. 394.463 — Involuntary examination
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.