MOVING TO FLORIDA?

BEAR IN MIND...

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One of the biggest concerns Targeted Justice has is the unconstitutional confinement of targeted individuals in prison or mental institutions.

The Fifth Amendment of our Constitution provides that no person shall be deprived of their fundamental right of liberty without due process of law. Due process entails a hearing granting you the opportunity to confront the evidence presented against you.

When the deprivation of your liberty rights are at stake, due process demands the assistance of an appointed counsel, if you cannot afford one. Gideon v. Wainwright, 372 U. S. 335 (1963).

In Addington v. Texas 441 US 418 (1979) the United States Supreme Court held that a "clear and convincing" standard of proof is required by the Fourteenth Amendment in a civil proceeding brought under state law to commit an individual involuntarily for an indefinite period to a state mental hospital.

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Google data reflects that Florida is second to California in the top Top 10 states that perform the most searches for "Targeted Individual." This likely means that there is a great number of TI's living in the Sunshine State.

It must not be a coincidence that Florida is also one of the worst places a TI can live in. State employees can strip anyone of their freedom in a sync, without a hearing or court order, for a 72-hour “involuntary examination” in a mental health facility.

Section of 394.463 of the Florida Mental Health Act,1 commonly known as the Florida Baker Act, is an outdated, unconstitutional 70's statute that allows any law enforcement, medical professional, or family member to have a person committed in a mental institution for up to seventy-two (72) hours hearing for an involuntary assessment for substance abuse or mental health disorders without a court hearing. All of it in open violation of basic due process rights that the 6th and 14th Amendments of the United States Constitution seek to protect.

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Pertinent sections are cited here:

394.463 Involuntary examination.

(1) CRITERIA.

A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness:

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(2) INVOLUNTARY EXAMINATION.

(a) An involuntary examination may be initiated by any one of the following means:

1. A circuit or county court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination and specifying the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on written or oral sworn testimony that includes specific facts that support the findings. If other less restrictive means are not available, such as voluntary appearance for outpatient evaluation, a law enforcement officer, or other designated agent of the court, shall take the person into custody and deliver him or her to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. …

2. A law enforcement officer shall take a person who appears to meet the criteria for involuntary examination into custody and deliver the person or have him or her delivered to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for examination. …

3. A physician, a physician assistant, a clinical psychologist, a psychiatric nurse, an advanced practice registered nurse registered under s. 464.0123, a mental health counselor, a marriage and family therapist, or a clinical social worker may execute a certificate stating that he or she has examined a person within the preceding48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the observations upon which that conclusion is based. If other less restrictive means, such as voluntary appearance for outpatient evaluation, are not available, a law enforcement officer shall take into custody the person named in the certificate and deliver him or her to the appropriate, or nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination...

Many TI's in Florida have “been Baker Acted”. Stripped of their freedom against their will, they are at the mercy of unscrupulous gang-stalkers posing as well-meaning law enforcement personnel or relatives that have been able to easily forced them into mental hospitals.

Targeted Justice asks that you help our TI community in Florida by sending an email to Governor Ron de Santis as well as to the state legislators sitting in the Health Policy Committees. Below please find the proposed text you can include in your email as well as the names and email addresses of the legislators.

Please take the 5 minutes it takes to send them an email demanding that the Baker Act be amended to require a court hearing and state-designated attorney therefor if the individual lacks the financial resources to pay for one.

That is the least that a person should be entitled to before losing their fundamental right to freedom.

EMAIL TEXT SUGGESTION (FEEL FREE TO PERSONALIZE IT WITH RESPECTFUL INDIGNATION! and CC US AT Tjustice2@proton.me so that we can mention your petition in our letter.)

Dear Members of the Senate and House of Representatives Committees on Health Policy:

Although Florida currently stands as an example of the respect for its citizens' individual freedom guaranteed under the United States Constitution, there's a nefarious statute still in the books that attempts against the most basic precepts of freedo0m and due process of law.

Section 394.463 of the Florida Mental Health Act allows for the involuntary confinement of a person for 72 hours without so much as a court hearing to challenge the deprivation of liberty without the right to disprove the claims against that person.

Targeted Individuals disproportionately bear the consequences of such nefarious and unconstitutional provision.

We ask that you urgently amend the Mental Health Act and incorporate into it basic due process guarantees such as the right to hearing with the assistance of counsel. If the person can't afford one, the state must provide it. After all, it's the person's fundamental right to freedom that is at stake.

It is urgent that you act on this request. Too many lives have already been unnecessarily and detrimentally affected because of section 394.463's unconstitutional provision susceptible to unchecked abuse.

Thank-you for your prompt consideration to this matter.

Best,

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EMAIL ADDRESSES

Governor Ron de Santis: governorron.desantis@eog.myflorida.com

2020-2022 Committees on Health Policy

Senate

Jason Brodeur (R) https://www.flsenate.gov/Senators/S9

Ben Albritton (R) https://www.flsenate.gov/Senators/S26

Dennis Baxley (R) https://www.flsenate.gov/Senators/S12

Aaron Bean (R) https://www.flsenate.gov/Senators/S32

Lauren Book (D) https://www.flsenate.gov/Senators/S32

Janet Cruz (D) https://www.flsenate.gov/Senators/S18

Ileana Garcia (R) https://www.flsenate.gov/Senators/S37

Shevrin D. "Shev" Jones (D) https://www.flsenate.gov/Senators/S35

Bobby Powell (D) https://www.flsenate.gov/Senators/S30

House of Representatives

Chair - Robinson , Jr., William Cloud "Will" [R] https://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4733

Vice Chair - Snyder, John [R]

https://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4787

Democratic Ranking Member - Smith, Carlos Guillermo [D]

https://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4642

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HAVE YOU BEEN BAKER-ACTED?

Feel free to share with us your experience to raise awareness in to the unconstitutional deprivation of freedom that this provision enables. Upload your story or video allowing the public to understand the depth of abuse the authority conveyed therein allows for.

Only when we share our stories can we defeat the “plausible deniability” upon which the targeting of individual depends on.

Upload your story or video testimony.

THANK-YOU!!