Administrator, Retreat Hosp. v. Johnson

660 So. 2d 333, 1995 WL 509240
CourtDistrict Court of Appeal of Florida
DecidedAugust 30, 1995
Docket94-3196
StatusPublished
Cited by3 cases

This text of 660 So. 2d 333 (Administrator, Retreat Hosp. v. Johnson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Administrator, Retreat Hosp. v. Johnson, 660 So. 2d 333, 1995 WL 509240 (Fla. Ct. App. 1995).

Opinion

660 So.2d 333 (1995)

ADMINISTRATOR, RETREAT HOSPITAL, Petitioner,
v.
The Honorable W. Clayton JOHNSON of the Circuit Court of the Seventeenth Judicial Circuit In and For BROWARD COUNTY, Florida, Alan Schreiber, Broward County Public Defender, and Frederick A. Goldstein, Special Assistant Public Defender, Respondents.

No. 94-3196.

District Court of Appeal of Florida, Fourth District.

August 30, 1995.

*335 Barbara Carey del Castillo of Broad and Cassel, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Charles A. Fahlbusch and Douglas J. Glaid, Assistant Attorneys General, Hollywood, for respondent-Judge W. Clayton Johnson.

Alan H. Schreiber, Public Defender, and Diane M. Cuddihy, Assistant Public Defender, Fort Lauderdale, for respondents-Alan H. Schreiber and Frederick A. Goldstein.

PARIENTE, Judge.

In this combined petition for writs of prohibition and quo warranto, petitioner, Administrator, Retreat Hospital, a psychiatric hospital (hospital), seeks to prohibit the trial court from taking further action in four different habeas corpus proceedings arising out of involuntary placements under the Baker Act and to prevent the Office of the Public Defender from exceeding the scope of its office. The hospital contends that the trial court embarked upon a regulatory review of Baker Act conditions in Broward County without subject matter jurisdiction at the unlawful request of the special assistant public defender.

FACTS

This case began when the hospital sought the involuntary placement of four individual patients under chapter 394 of the Florida Statutes, commonly known as the Baker Act. The four patients had been certified by the hospital for involuntary placement pursuant to section 394.467, Florida Statutes, and were transported to the hospital's facility by private individuals. The Office of the Public Defender was appointed to represent each of the patients in hearings on the petitions for involuntary placement scheduled for December 16, 1993.

One day prior to the hearings, December 15, 1993, the special assistant public defender filed four habeas corpus petitions naming the hospital as respondent, alleging that the patients had been transported to the hospital's facility by someone other than a law enforcement agency in direct violation of section 394.463, under which the patients were being involuntarily held and that, therefore, their confinement was unlawful. That same day, one of the patients was transferred from the hospital's facility to a medical facility. By December 24, 1993, the three other patients *336 had been discharged from the hospital's facility.

On January 11, 1994, the trial court dismissed each of the habeas corpus petitions, finding in each case that no violation of the patients' constitutional rights could arise because "an alleged improper transportation vehicle was used to deliver the patient[s]" to petitioner's facility for treatment. The special assistant public defender timely moved for rehearing on all four dismissals, asserting that he was not challenging the use of improper transportation vehicles, but rather challenging:

[T]he right of a private party to transport a person from their home to a hospital [sic], which may not be the nearest hospital, especially when the same private party executed the certificate of involuntary examination... .

The special assistant public defender asserted that this practice was in clear violation of section 394.463, governing involuntary examinations.[1] He further alleged that although the original patients had been released, the matter was not moot because it was possible of repetition and would otherwise escape judicial review. The four petitions for rehearing were considered by the trial court after which the trial court set a status hearing on the issue of "Chapter 394, Transportation of Patients," specifically on the matter of "involuntary examination involving private transportation from the patient's home to the hospital."

The trial court conducted hearings concerning the propriety of utilizing private transportation, rather than law enforcement officers, to transport persons who meet the criteria for involuntary examination. The cited abuse flowing from this practice, which allegedly occurred in the case of each of the four patients, was that patients were not being transported to the nearest receiving facility by a law enforcement officer as required by statute. After being noticed by the trial court, those present at the hearings included an assistant state attorney, an attorney for the hospital, the hospital's executive director and district program supervisor, an attorney for the Department of Health and Rehabilitative Services, a representative of the private transporting company, two general masters and the special assistant public defender.

The trial court rendered the first of two orders on May 6, 1994, finding that a law enforcement officer is responsible for transporting individuals who are to be involuntarily examined to the nearest receiving facility and that in Broward County the manner in which such individuals were taken to receiving facilities did not comply with the statutory mandate. Pursuant to these findings, the trial court ordered that:

[T]he Sheriff of Broward County, in recognition of his duties with respect to the providing of transportation services under Chapter 394, F.S. shall provide a plan as to how transportation services on a countywide basis will be provided and the date such services will be operational.

The trial court also ordered that:

Any person initiating a certificate or other document which is used to initiate an involuntary examination pursuant to either §§ 394.463(2) and (3), F.S. shall file with the clerk of courts within 24 hours of its execution the original certificate or other original document.

The trial court directed that another hearing be held within 90 days to ascertain the progress of the plan's development and to review budgetary information and statistical information if necessary. The hearing was set for September 13, 1994.

*337 On the day of the September 13th hearing, the hospital moved to strike all pleadings and papers and to vacate the trial court's order for lack of subject matter jurisdiction, arguing that the trial court was conducting an improper regulatory and advisory inquiry without subject matter jurisdiction because the matters were now moot as a result of the patients' release and because the writs had been dismissed. At the same time, the hospital also moved for reconsideration of the May 6, 1994 order. Both motions were denied by the trial court.

Following the September 13th hearing, the trial court rendered a second order dated September 19, 1994, entitled "Order on Baker Act Transportation and Procedures From Hearing of September 13, 1994 and Administrative Order." The trial court found that the system for transportation for involuntary examinations continued to be flawed. The trial court further noted that 1,287 petitions for involuntary placements (hospitalizations) were filed in Broward County in 1993, nearly twice the number filed in Dade County and three times the number filed for the same period in Palm Beach County. The trial court stated that:

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Cite This Page — Counsel Stack

Bluebook (online)
660 So. 2d 333, 1995 WL 509240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/administrator-retreat-hosp-v-johnson-fladistctapp-1995.