ERIN SIMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in authorizing medication treatment without evidence of a treatment team's necessity determination.
Erin Simpson was committed to Florida State Hospital after being found incompetent to proceed to trial. Doctors sought authorization to treat her with…
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PER CURIAM.
Erin Simpson appeals an order which authorized doctors at Florida State Hospital to treat her with various medications. We reverse.
Simpson was committed to Florida State Hospital pursuant to chapter 916, Florida Statutes, after being found incompetent to proceed to trial. The only treatment which may be judicially imposed after commitment, pursuant to chapter 916 is that authorized under section 916.107(3), and after such treatment is deemed necessary by the “treatment team.” See Meeker v. State, 584 So. 2d 169 (Fla. 1st DCA 1991); see also Vaughn v. State, 705 So. 2d 951 (Fla. 1st DCA 1998). As in Meeker, there is no record evidence of the existence of a “treatment team” or that such a team deemed the treatment at issue to be necessary. Accordingly, we reverse.1
MINER and WOLF, JJ., and SHIVERS, Senior Judge, concur. . Simpson has already been released from commitment and therefore, the only apparent effect of this decision is to prevent future collateral legal consequences. See Hills v. State, 699 So. 2d 735 (Fla. 1st DCA 1997); Ozbourn v. State, 651 So. 2d 795 (Fla. 1st DCA 1995).
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Dinardo v. State, 742 So. 2d 287 (Fla. 1st DCA 1998)…and that the trial court has considered at least the four factors specified in clauses ad of section 916.107(3)(a)3. See also Hills v. State, 706 So. 2d 103 (Fla. 1st DCA 1998); Moreland v. State, 706 So. 2d 71 (Fla. 1st DCA 1998); Simpson v. State, 704 So. 2d 1145 (Fla. 1st DCA 1998). Below, the testimony of appellant’s attending psychiatrist, who was also a member of appellant’s treatment team, provided the evidence to substantiate compliance with the requirements of the statute. We note that this psychiatri…
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Moreland v. State, 706 So. 2d 71 (Fla. 1st DCA 1998)…6, was that which was authorized under section 916.107(3)(a)2, Florida Statutes (Supp.1996), after such treatment was deemed necessary by the patient’s “multidisciplinary treatment team at the forensic facility.” See Vaughn, supra; Simpson v. State, 704 So. 2d 1145 (Fla. 1st DCA 1998); Meeker. Although some evidence in the record arguably supports the trial court’s finding that the dialysis treatment in question was essential and necessary, the record contains no evidence whatsoever that there was a “multidisc…
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Thero v. State, 705 So. 2d 712 (Fla. 1st DCA 1998)…. We reverse and remand the appealed order for further proceedings consistent with this court’s earlier holdings in Vaughn v. State, 705 So. 2d 951 (Fla. 1st DCA 1998); Meeker v. State, 584 So. 2d 169 (Fla. 1st DCA 1991). See also Corbit v. State, 704 So. 2d 1145 (Fla. 1st DCA 1998); Simpson v. State, 704 So. 2d 1145 (Fla. 1st DCA 1998). JOANOS, MINER and WEBSTER, JJ., concur.…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Meeker v. State, 584 So. 2d 169 (Fla. 1st DCA 1991)
- Ozbourn v. State, 651 So. 2d 795 (Fla. 1st DCA 1995)
- Vaughn v. State, 705 So. 2d 951 (Fla. 1st DCA 1998)
- Rembert v. State, 705 So. 2d 951 (Fla. 1st DCA 1998)
- Earnest Hills v. State, 699 So. 2d 735 (Fla. 1st DCA 1997)