The involuntary examination is also known as the initial mandatory involuntary examination.

1. (1) Whenever an involuntary examination is initiated by a circuit court, a law enforcement officer, or a mental health professional as provided in section 394.463(2), F.S., an examination by a physician or clinical psychologist or psychiatric nurse must be conducted in person or via telehealth, without unnecessary delay, to determine if the criteria for involuntary services are met and the results documented in the individual’s clinical record. The examination, conducted at a facility licensed under chapter 394 or 395, F.S., must contain:

   1. (a) A thorough review of any observations of the individual’s recent behavior;
   2. (b) A review of Form CF-MH 3100, “Transportation to Receiving Facility,” which is incorporated in Rule 65E-5.260, F.A.C., and one of the following forms which are incorporated in Rule 65E-5.280, F.A.C.: Form CF-MH 3001, “Ex Parte Order for Involuntary Examination,” or other form provided by the court, Form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,” or Form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination.”
   3. (c) A brief psychiatric history; and,
   4. (d) An examination of the individual in a timely manner to determine if the individual meets criteria for release.
2. (2) If the physician or clinical psychologist with three (3) years clinical experience or psychiatric nurse conducting the initial mandatory involuntary examination determines that the individual does not meet the criteria for involuntary inpatient placement or involuntary outpatient services, the individual can be offered voluntary services, if the individual meets criteria for voluntary admission, or released directly from the receiving facility or the hospital providing emergency medical services. Such determination must be documented in the individual’s clinical record.
3. (3) If not released, Form CF-MH 3040, “Application for Voluntary Admission - Adults,” which is incorporated in Rule 65E-5.270, F.A.C., or Form CF-MH 3097, “Application for Voluntary Admission – Minors,” which is incorporated in Rule 65E-5.270, F.A.C., may be used if the individual wishes to apply for voluntary admission.
4. (4) Form CF-MH 3104, “Certification of Individual’s Competence to Provide Express and Informed Consent,” which is incorporated in Rule 65E-5.270, F.A.C., or an equivalent form, may be used to document whether the individual is competent to provide express and informed consent.
5. (5) All results and documentation of all elements of the initial mandatory involuntary examination shall be retained in the individual’s clinical record.
6. (6) If the individual is not released and does not consent the individual shall be examined by a physician, clinical psychologist, or psychiatrist nurse to determine if the criteria for involuntary inpatient or involuntary outpatient services are met.
7. (7) After the initial mandatory involuntary examination, the individual’s clinical record shall include all items reviewed during the examination along with the intake interview notes and the psychiatric evaluation, including the mental status examination or the psychological status report.

8. (8) Disposition Upon Initial Mandatory Involuntary Examination.

   1. (a) The release of an individual from a receiving facility or its contractor or hospital must be conducted in accordance with s. 394.463(2)(f), F.S. Form CF-MH 3111, (August 2025), “Approval for Release of Individual on Involuntary Status from a Receiving Facility,” which is incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18662"http://flrules.org/Gateway/reference.asp?No=Ref-18662, may be used for this purpose. A copy of the form used shall be retained in the individual’s clinical record.
   2. (b) In order to document an individual’s transfer from involuntary to voluntary status, Form CF-MH 3040, “Application for Voluntary Admission - Adults,” which is incorporated in Rule 65E-5.270, F.A.C., or Form CF-MH 3097, “Application for Voluntary Admission – Minors,” which is incorporated by reference in Rule 65E-5.270, F.A.C., completed prior to transfer, may be used.
   3. (c) An individual for whom an involuntary examination has been initiated shall not be permitted to consent to voluntary admission until after examination by a physician or psychiatric nurse to confirm his or her ability to provide express and informed consent to treatment. Form CF-MH 3104, “Certification of Individual’s Competence to Provide Express and Informed Consent,” which is incorporated in Rule 65E-5.270, F.A.C., may be used for documentation.
   4. (d) If the facility administrator, based on facts and expert opinions, believes the individual meets the criteria for involuntary inpatient or involuntary outpatient services or is incompetent to consent to treatment, the facility shall initiate involuntary services within 72 hours of the individual’s arrival by filing a petition for involuntary services. Form CF-MH 3032, “Petition for Involuntary Services,” which is incorporated in Rule 65E-5.270, F.A.C., may be used for this purpose. Such petition shall be signed by the facility administrator or designee within the 72-hour examination period. The petition shall be filed with the court within the 72-hour examination period or, if the 72 hours ends on a weekend or legal holiday, no later than the next court working day thereafter. A copy of the completed petition shall be retained in the individual’s clinical record and a copy given to the individual and his or her duly authorized legal decision-maker or representatives.
   5. (e) When an individual on involuntary status is released, notice shall be given to the individual’s guardian or representative, to any individual who executed a certificate for involuntary examination, and to any court which ordered the individual’s examination with a copy retained in the individual’s clinical record. Form CF-MH 3038, (July 2023), “Notice of Release or Discharge,” which is incorporated by reference and available at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-15793"http://www.flrules.org/Gateway/reference.asp?No=Ref-15793, may be used for this purpose.

Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.463, 394.4655 FS. History–New 11-29-98, Amended 4-4-05, 8-23-23, 11-27-25.