M.B., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-08-21
No. 91-02729
CAMPBELL, A.C.J., and HALL, J., concur.
603 So. 2d 710 Florida District Court of Appeal, Second District (1992)

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Synopsis

M.B. appealed an involuntary commitment order to a state mental health facility, but the court dismissed the appeal as moot because M.B. was released before the appeal was decided and would suffer no collateral legal consequences. The court expressed concern about deficiencies in the hearing record.


Holding

The appeal is dismissed as moot because M.B. has been released from the facility, is conceded to suffer no collateral legal consequences from the involuntary placement, and meets the standards for mootness under Godwin v. State.


Headnotes

[1] An appeal from an order of involuntary placement in a state mental health treatment facility is moot if the individual has been released from the facility and will not su…

[2] A state is not authorized to collect fees or file a lien against the assets of an indigent individual whose only sources of income are from state and federal aid.

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Key Quotes

“this appeal is moot because M.B. has been released from the state treatment facility and it is conceded that M.B. will not suffer any collateral legal consequences as a result of the involuntary placement”

Establishes the mootness standard applied to involuntary commitment appeals under Godwin

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Facts & Procedural History

M.B. was ordered committed to a state mental health treatment facility and appealed this involuntary placement order. M.B. is an indigent whose only i…

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Opinion of the Court
ALTENBERND, Judge.

ALTENBERND, Judge.

M.B. appeals an order of involuntary placement in a state mental health treatment facility. We dismiss the appeal as moot. M.B. is no longer committed under this order. From the record, it appears without dispute that M.B. is an indigent “whose only sources of income are from state and federal aid.” § 402.33(2)(g), Fla. Stat. (1991). Thus, the state is not authorized to collect fees or file a lien against any assets of M.B. Under the standards announced in Godwin v. State, 593 So. 2d 211 (Fla.1992), this appeal is moot because M.B. has been released from the state treatment facility and it is conceded that M.B. will not suffer any collateral legal consequences as a result of the involuntary placement.

If this appeal were not moot, we would have considerable difficulty determining whether there was sufficient evi dence to permit the placement of M.B. in a state mental health treatment facility. We recognize that hearings on involuntary placement are frequently conducted on an emergency basis under less than ideal circumstances. Nevertheless, it is imperative for the state and the circuit court to ensure that an adequate record exists to allow review of an order that involuntarily confines a person. See Shuman v. State, 358 So. 2d 1333 (Fla.1978). This hearing was conducted without a court reporter. The transcript, apparently obtained from a tape recording, does not reflect that any witness was sworn. See § 90.605, Fla.Stat. (1991). Essential testimony was received from two witnesses, one of whom is identified as “Doctor,” and the other, as “Unidentified.” We would encourage the state and the circuit court to consider steps that would avoid these serious problems in future involuntary placement proceedings.

Appeal dismissed.

CAMPBELL, A.C.J., and HALL, J., concur.


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