WILLIE MORELAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Willie Moreland, a forensic patient committed to Florida State Hospital, appealed an order authorizing medical treatment without his consent. The court reversed the order, finding it did not satisfy statutory requirements under Florida law because it failed to demonstrate that a multidisciplinary treatment team deemed the treatment necessary.
The order was inadequate and was reversed because it failed to satisfy statutory requirements. Specifically, although some evidence supported that dialysis treatment was essential and necessary, the record contained no evidence of a multidisciplinary treatment team or that such a team deemed the treatment necessary, as required by section 916.107(3)(a)2, Florida Statutes.
[1] An order authorizing involuntary medical treatment for a patient committed under chapter 916, Florida Statutes, must satisfy the minimum statutory requirements, including…
[2] An appeal of an order approving involuntary medical treatment is not rendered moot by the expiration of the order's effective period, due to potential collateral legal co…
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Join FLexlaw to unlock all legal intelligence“the order is inadequate for failure to satisfy the minimum statutory requirements delineated in Meeker v. State”
Establishes the standard of review and identifies the controlling precedent for statutory requirements in treatment authorization cases
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Join FLexlaw to unlock all legal intelligenceMoreland was a forensic patient committed to Florida State Hospital pursuant to chapter 916, Florida Statutes, after being found incompetent to procee…
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MICKLE, Judge.
Willie Moreland appeals an order that authorized medical treatment without his consent for a period of time while he was confined in the Florida State Hospital by commitment pursuant to chapter 916, Florida Statutes. Although the order purports to authorize treatment in accordance with section 916.107(3)(a), Florida Statutes (Supp.1996), we conclude that the order is inadequate for failure to satisfy the minimum statutory requirements delineated in Meeker v. State, 584 So. 2d 169 (Fla. 1st DCA 1991). Accordingly, we reverse the order. See Vaughn v. State, 705 So. 2d 951 (Fla. 1st DCA 1998).
The appellant was a “forensic patient” committed to Florida State Hospital pursuant to chapter 916, Florida Statutes, after being found incompetent to proceed to trial. Although the appellant was discharged from the Florida State Hospital after the issuance of the appealed order and was placed in the custody of the Brevard County Sheriffs Department “for return to court,” the issue in this appeal is not moot. See Hills v. State, 699 So. 2d 735 (Fla. 1st DCA 1997) (appeal of a final order approving treatment was not moot despite the lapse of the 90-day effective period of the order, in light of collateral legal consequences arising from the statutory provisions entitling the Department of H.R.S. to a lien on a client’s property for unpaid fees or for services provided by the Department).
Under the circumstances presented below, the only treatment that could be judicially imposed after commitment, pursuant to chapter 916, 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 “multidisciplinary treatment team” or that such a team deemed the appellant’s treatment to be necessary. Such an omission in the record is contrary to the statutory requirements and mandates reversal of the order. Vaughn; Simpson; Meeker. The order is REVERSED.
KAHN and LAWRENCE, JJ., concur.
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Dinardo v. State, 742 So. 2d 287 (Fla. 1st DCA 1998)…ress and informed consent as defined in the statute, 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 re…
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Miller v. N. Fla. Evaluation & Treatment Ctr., 287 So. 3d 681 (Fla. 1st DCA 2019)…cate him.* Because the trial court complied with the requirements of * After the filing of this appeal, the trial court declared Miller competent, accepted his no contest plea, and sentenced him. Even so, this appeal is not moot. Moreland v. State, 706 So. 2d 71, 72 (Fla. 1st DCA 1998) (holding that an appeal of a final order approving involuntary treatment was not moot despite the appellant’s discharge from the Florida State Hospital). section 916.107(3), Florida Statutes (2018) when it authorized the tr…
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Burke v. State (Fla. 1st DCA 2020)…rgues that the trial court erred in authorizing his forced * During this appeal, the trial court declared Burke competent to proceed and ordered his discharge from the Florida State Hospital. Even so, this appeal is not moot. See Moreland v. State, 706 So. 2d 71, 72 (Fla. 1st DCA 1998) (holding that Moreland’s appeal of an order authorizing medical treatment without his consent was not moot even though he was discharged from the hospital and placed in the custody of the sheriff’s department). medication s…
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)
- 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)
- Simpson v. State, 704 So. 2d 1145 (Fla. 1st DCA 1998)
- Bell v. Destin Towers Condo. Owners Ass'n, Inc., 704 So. 2d 1145 (Fla. 1st DCA 1998)