Florida Statutes 392.60 – Right of appeal; immediate release
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(1) Any person who is aggrieved by the entry of an order under s. 392.55, s. 392.56, or s. 392.57 shall have the period of time provided by the Florida Rules of Appellate Procedure within which to appeal an order from the circuit court. Every order entered under the terms of s. 392.55, s. 392.56, or s. 392.57 shall 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.
(2) Any person who is examined, treated, hospitalized, placed in another health care facility or residential facility, isolated in the home, or confined under an emergency hold order, as a result of an order entered under s. 392.55, s. 392.56, or s. 392.57, may at any time petition the circuit court for immediate release and termination of the order.
(3) The petition to the court for immediate release and termination of the order entered under authority of s. 392.55, s. 392.56, or s. 392.57 shall show that the person is entitled to relief from the original order pursuant to the Florida Rules of Civil Procedure, or that:
(a) There has been a substantial change in the original facts and circumstances upon which the order was issued;
Terms Used In Florida Statutes 392.60
- Active tuberculosis: means tuberculosis disease that is demonstrated to be contagious by clinical or bacteriological evidence, or by other means as determined by rule of the department. See Florida Statutes 392.52
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Department: means the Department of Health. See Florida Statutes 392.52
- Directly observed therapy: means treatment in which a patient ingests medications under the observation of a health care provider or other responsible party. See Florida Statutes 392.52
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Threat to the public health: means a rebuttable presumption that a person has active tuberculosis and:(a) Is not taking medications as prescribed;(b) Is not following the recommendations of the treating physician;(c) Is not seeking treatment for signs and symptoms compatible with tuberculosis; or(d) Evidences a disregard for the health of the public. See Florida Statutes 392.52
- treatment to cure: means the completion of a course of antituberculosis treatment. See Florida Statutes 392.52
(b) The person is cured and no longer poses a threat to the public health; or(c) The person will continue with prescribed medications and treatment to cure, which includes the use of directly observed therapy, if medically necessary, to reduce the risk of infection to the public and the person has not exhibited past behavior that indicates a tendency toward noncompliance with treatment.
(4) When considering a petition for immediate release and before making any release, the court shall consult the department and the person’s physician, if any, concerning the person’s medical condition and any other related factors that may affect the present and future threat to the public health that may be caused by the release of the person.
(5) Upon granting a petition for immediate release, the court may impose those conditions it believes reasonably necessary to protect the public from active tuberculosis.