SECTION 384.285. Right of appeal; immediate release.
Latest version.
1(1) 2Any person who is aggrieved by the entry of an order under s. 15384.27, 16s. 17384.28, 18or s. 20384.28121shall have the period of time provided by the Rules of Appellate Procedure within which to appeal said order. Every order entered under the terms of ss. 48384.27, 49384.28, 50and 51384.28152shall be executed immediately unless the court entering such order or the appellate court, in its discretion, enters a supersedeas order and fixes the terms and conditions thereof.
80(2) 81Any person who is examined, treated, hospitalized, placed in another health care or residential facility, isolated in his or her residence, or placed in emergency hold as a result of an order entered under s. 116384.27, 117s. 118384.28, 119or s. 121384.281122may at any time petition the circuit court for immediate release and termination of the order.
138(3) 139Any person petitioning a court for immediate release and termination of the order entered under authority of s. 157384.27, 158s. 159384.28, 160or s. 162384.281163must show that the original order was issued by mistake or fraud, or:
176(a) 177That there has been a substantial change in the original facts and circumstances upon which the order was issued; or
197(b) 198That he or she no longer poses an immediate and substantial threat to the health and welfare of the public.
218(4) 219When considering a petition for immediate release, and prior to making any release, the court shall consult the department and the patient’s physician, if any, concerning the patient’s medical condition and any other related factors that may affect the present and future danger to the public that may be caused by the patient’s release.
273(5) 274When granting a petition for immediate release, the court may impose those conditions it believes reasonably necessary to protect the public from infection with a sexually transmissible disease.
