
srz25
- February 3rd, 15:36
a 3 digit number occurs exactly once out of 1000 random numbers. and 463 is a prime number. i checked.
i have 2 gigantic 463's in my life, one of them has got to go and the other one isn't going anywhere until someone invents a time machine (nov. 15, 1989 was the day i turned 16, my birthday... the tornado which produced an official injury count of 463 ran the length of airport rd. in south huntsville at the 5pm rush hour, hitting two of the busiest intersections in town and throwing the cars stuck at the red lights into the air like toys, killing 21 people in less than 3 minutes, destroying all the big, affluent churches which the road was known for, including trinity united methodist where my mother, who ran the churches child-care center, escaped the tornado and possible death by less than 5 minutes, and destroying holy spirit catholic church next door - i.e., lots of people messed up people think they are the antichrist... but i have good reason to really believe it...) (and i am challenging the fundamental constitutionality of f.s.s. 394.463 in my section 1257 supreme court pet. for cert. knowing that it is most likely already a lost cause... but at least i tried, unlike some people i know...):
1:
Huntsville Tornado, Nov. 15, 1989 - Southern Region Disaster Survey
EXECUTIVE SUMMARY
Huntsville, Alabama, was struck by a deadly tornado around 4:30 pm on Wednesday, November 15, 1989. From an initial touchdown point on the Redstone Arsenal, the storm cut a destructive, 18.5-mile swath on its northeast trek across the southern sections of Huntsville. Plowing through businesses and heavily populated residential areas of the city, the tornado left a tragic legacy; 21 dead, 463 injured and damage estimated at 100 million dollars. Twelve of the 21 fatalities occurred in automobiles as many persons were homeward bound during the afternoon rush hour. The storm was rated an F4 on the Fujita Tornado Intensity Scale.
Historically, tornadoes are no strangers to persons in north Alabama, where Huntsville and Madison County are located. The region felt the destructive power of the April 3-4, 1974, Super Outbreak and records show that Madison County has had 25 tornadoes from 1950 through October, 1989.
Anyone listening to the NOAA Weather Radio (NWR) or monitoring the commercial broadcast media should have been aware that November 15th was expected to be a severe weather day. The Zone and Local Forecasts issued during the early morning, Tuesday, November 14, mentioned the possibility of severe thunderstorms on Wednesday. Subsequent forecasts and statements marked with increasing certainty the ominous nature of the events to come.
The National Severe Storms Forecast Center (NSSFC) issued a Public Severe Weather Outlook at 9:30 am Wednesday and highlighted the unusually strong potential for severe thunderstorms and tornadoes over the Tennessee Valley. The Birmingham Forecast Office followed with a Special Weather Statement at 10:50 am with the headline, "MAJOR SEVERE WEATHER THREAT POISED FOR ALABAMA AND NORTHWEST FLORIDA!".
A Tornado Watch was in effect for Madison and adjacent counties from 12:30 pm to 8:00 pm. Soon after the issuance of the watch, emergency management officials, storm spotters and the NWS staff at Huntsville placed into effect a coordinated plan of action in accordance with established procedures.
Beginning at 12:45 pm, WSO Huntsville issued warnings for the west part of its county warning area (see Figure 19) as an intense squall line moved into northwest Alabama. Storm spotters reported large hail and intense straight-line wind associated with this squall line.
At the time the tornado struck Huntsville, a Severe Thunderstorm Warning was in effect for Madison County. That warning, issued at 4:13 pm, was changed to a Tornado Warning at 4:35 pm based on a report relayed through the amateur radio spotter network of a tornado touchdown in the city.
Critical weather information was disseminated in a timely fashion over the NOAA Weather Wire Service (NWWS) and NWR and by many media outlets in Huntsville and adjacent areas providing the public with frequent weather updates on radio and "crawls" and live "cut-ins" on television. Links with spotter groups and emergency management and law enforcement officials worked well.
Some persons in the path of the tornado felt they were not adequately warned. Either they did not hear the Severe Thunderstorm Warning for Madison County or, if they did, the warning did not raise their level of concern for destructive weather clearly associated with a tornado. Yet, many others called in to local radio talk shows to say they knew well in advance that severe weather was likely for the area. Tragically, many motorists were caught on congested streets and highways in the nearly pitch black conditions of the on-rushing storm. Undoubtedly, many never saw the tornado, making escape virtually impossible with such little time to react. There were, however, several accounts of persons leaving their vehicles as the storm approached but most stayed in them.
Although the Jones Valley Elementary School was virtually destroyed by the storm, the timely actions of the principal and a teacher in charge of the Extended Daycare Program probably spared the lives of 37 children and several other teachers. Acting in accordance with the principal's instructions, the teacher directed the children, accompanied by the other teachers, to a safer location under the stairwell on the first floor of the school. Several workmen who were painting in the teachers lounge, ran to the children and shielded them with their bodies as the storm struck.
The Survey Team believes the following findings and recommendations can serve as a means to highlight the strengths of the warning system and to identify areas where improvements are still possible.
2:
Fla. Stat. § 394.463 (2009)
§ 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:
(a) 1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or
2. The person is unable to determine for himself or herself whether examination is necessary; and
(b) 1. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or
2. There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.
(2) INVOLUNTARY EXAMINATION.
(a) An involuntary examination may be initiated by any one of the following means:
1. A court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination, giving the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on sworn testimony, written or oral. 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 the nearest receiving facility for involuntary examination. The order of the court shall be made a part of the patient's clinical record. No fee shall be charged for the filing of an order under this subsection. Any receiving facility accepting the patient based on this order must send a copy of the order to the Agency for Health Care Administration on the next working day. The order shall be valid only until executed or, if not executed, for the period specified in the order itself. If no time limit is specified in the order, the order shall be valid for 7 days after the date that the order was signed.
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 the nearest receiving facility for examination. The officer shall execute a written report detailing the circumstances under which the person was taken into custody, and the report shall be made a part of the patient's clinical record. Any receiving facility accepting the patient based on this report must send a copy of the report to the Agency for Health Care Administration on the next working day.
3. A physician, clinical psychologist, psychiatric nurse, mental health counselor, marriage and family therapist, or clinical social worker may execute a certificate stating that he or she has examined a person within the preceding 48 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 are not available, such as voluntary appearance for outpatient evaluation, a law enforcement officer shall take the person named in the certificate into custody and deliver him or her to the nearest receiving facility for involuntary examination. The law enforcement officer shall execute a written report detailing the circumstances under which the person was taken into custody. The report and certificate shall be made a part of the patient's clinical record. Any receiving facility accepting the patient based on this certificate must send a copy of the certificate to the Agency for Health Care Administration on the next working day.
(b) A person shall not be removed from any program or residential placement licensed under chapter 400 or chapter 429 and transported to a receiving facility for involuntary examination unless an ex parte order, a professional certificate, or a law enforcement officer's report is first prepared. If the condition of the person is such that preparation of a law enforcement officer's report is not practicable before removal, the report shall be completed as soon as possible after removal, but in any case before the person is transported to a receiving facility. A receiving facility admitting a person for involuntary examination who is not accompanied by the required ex parte order, professional certificate, or law enforcement officer's report shall notify the Agency for Health Care Administration of such admission by certified mail no later than the next working day. The provisions of this paragraph do not apply when transportation is provided by the patient's family or guardian.
(c) A law enforcement officer acting in accordance with an ex parte order issued pursuant to this subsection may serve and execute such order on any day of the week, at any time of the day or night.
(d) A law enforcement officer acting in accordance with an ex parte order issued pursuant to this subsection may use such reasonable physical force as is necessary to gain entry to the premises, and any dwellings, buildings, or other structures located on the premises, and to take custody of the person who is the subject of the ex parte order.
(e) The Agency for Health Care Administration shall receive and maintain the copies of ex parte orders, involuntary outpatient placement orders issued pursuant to s. 394.4655, involuntary inpatient placement orders issued pursuant to s. 394.467, professional certificates, and law enforcement officers' reports. These documents shall be considered part of the clinical record, governed by the provisions of s. 394.4615. The agency shall prepare annual reports analyzing the data obtained from these documents, without information identifying patients, and shall provide copies of reports to the department, the President of the Senate, the Speaker of the House of Representatives, and the minority leaders of the Senate and the House of Representatives.
(f) A patient shall be examined by a physician or clinical psychologist at a receiving facility without unnecessary delay and may, upon the order of a physician, be given emergency treatment if it is determined that such treatment is necessary for the safety of the patient or others. The patient may not be released by the receiving facility or its contractor without the documented approval of a psychiatrist, a clinical psychologist, or, if the receiving facility is a hospital, the release may also be approved by an attending emergency department physician with experience in the diagnosis and treatment of mental and nervous disorders and after completion of an involuntary examination pursuant to this subsection. However, a patient may not be held in a receiving facility for involuntary examination longer than 72 hours.
(g) A person for whom an involuntary examination has been initiated who is being evaluated or treated at a hospital for an emergency medical condition specified in s. 395.002 must be examined by a receiving facility within 72 hours. The 72-hour period begins when the patient arrives at the hospital and ceases when the attending physician documents that the patient has an emergency medical condition. If the patient is examined at a hospital providing emergency medical services by a professional qualified to perform an involuntary examination and is found as a result of that examination not to meet the criteria for involuntary outpatient placement pursuant to s. 394.4655(1) or involuntary inpatient placement pursuant to s. 394.467(1), the patient may be offered voluntary placement, if appropriate, or released directly from the hospital providing emergency medical services. The finding by the professional that the patient has been examined and does not meet the criteria for involuntary inpatient placement or involuntary outpatient placement must be entered into the patient's clinical record. Nothing in this paragraph is intended to prevent a hospital providing emergency medical services from appropriately transferring a patient to another hospital prior to stabilization, provided the requirements of s. 395.1041(3)(c) have been met.
(h) One of the following must occur within 12 hours after the patient's attending physician documents that the patient's medical condition has stabilized or that an emergency medical condition does not exist:
1. The patient must be examined by a designated receiving facility and released; or
2. The patient must be transferred to a designated receiving facility in which appropriate medical treatment is available. However, the receiving facility must be notified of the transfer within 2 hours after the patient's condition has been stabilized or after determination that an emergency medical condition does not exist.
(i) Within the 72-hour examination period or, if the 72 hours ends on a weekend or holiday, no later than the next working day thereafter, one of the following actions must be taken, based on the individual needs of the patient:
1. The patient shall be released, unless he or she is charged with a crime, in which case the patient shall be returned to the custody of a law enforcement officer;
2. The patient shall be released, subject to the provisions of subparagraph 1., for voluntary outpatient treatment;
3. The patient, unless he or she is charged with a crime, shall be asked to give express and informed consent to placement as a voluntary patient, and, if such consent is given, the patient shall be admitted as a voluntary patient; or
4. A petition for involuntary placement shall be filed in the circuit court when outpatient or inpatient treatment is deemed necessary. When inpatient treatment is deemed necessary, the least restrictive treatment consistent with the optimum improvement of the patient's condition shall be made available. When a petition is to be filed for involuntary outpatient placement, it shall be filed by one of the petitioners specified in s. 394.4655(3)(a). A petition for involuntary inpatient placement shall be filed by the facility administrator.
(3) NOTICE OF RELEASE. --Notice of the release shall be given to the patient's guardian or representative, to any person who executed a certificate admitting the patient to the receiving facility, and to any court which ordered the patient's evaluation.
History:
s. 7, ch. 71-131; s. 6, ch. 73-133; s. 204, ch. 77-147; s. 7, ch. 79-298; s. 10, ch. 82-212; s. 8, ch. 84-285; s. 59, ch. 91-221; s. 3, ch. 91-249; s. 69, ch. 92-289; s. 708, ch. 95-148; s. 16, ch. 96-169; s. 1, ch. 2003-88; ss. 5, 6, 7, ch. 2004-385; s. 2, ch. 2006-171, eff. June 12, 2006; s. 19, ch. 2006-197, eff. July 1, 2006.
NOTES:
AMENDMENTS
The 2003 amendment by s. 1, ch. 2003-88, effective June 4, 2003, in (2)(f) substituted "may" for "shall," substituted "a" for "or" preceding "clinical psychologist," and inserted "or, if the receiving facility is a hospital, the release may also be approved by an attending emergency department physician with experience in the diagnosis and treatment of mental and nervous disorders and after completion of an involuntary examination pursuant to s. 394.463(2)."
The 2004 amendment by s. 5, ch. 2004-385, effective January 1, 2005, and s. 7, ch. 2001-385, effective January 1, 2005, in (2)(e), inserted "involuntary outpatient placement orders issued pursuant to s. 394.4655, involuntary inpatient placement orders issued pursuant to s. 394.467"; in (2)(g), in the third sentence inserted "outpatient placement pursuant to s. 394.4655(1) or involuntary inpatient placement pursuant to s. 394.467(1)," and in the fourth sentence inserted "inpatient placement or involuntary outpatient" preceding "placement must be entered"; in (2)(i)2., inserted "voluntary" preceding "outpatient treatment"; and in (2)(i)4., substituted "circuit court when outpatient or inpatient treatment is deemed necessary. When inpatient treatment is deemed necessary" for "appropriate court by the facility administrator when treatment is deemed necessary; in which case"; added the last two sentences; and made stylistic changes.
The 2004 amendment by s. 6, ch. 2004-385, effective July 1, 2005, in (2)(a)3., inserted "mental health counselor" following "psychiatric nurse."
The 2006 amendment by s. 2, ch. 2006-171, effective June 12, 2006, inserted "marriage and family therapist" in the first sentence in (2)(a)3.
The 2006 amendment by s. 19, ch. 2006-197, effective July 1, 2006, inserted "or chapter 429" in (2)(b).