Bill Amendment: FL S0870 | 2020 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Mental Health and Substance Abuse
Status: 2020-03-14 - Died in Judiciary [S0870 Detail]
Download: Florida-2020-S0870-Senate_Committee_Amendment_745770.html
Bill Title: Mental Health and Substance Abuse
Status: 2020-03-14 - Died in Judiciary [S0870 Detail]
Download: Florida-2020-S0870-Senate_Committee_Amendment_745770.html
Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 870 Ì7457702Î745770 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Book) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 214 - 1783 4 and insert: 5 of this part, the term does not include a developmental 6 disability as defined in chapter 393, dementia, traumatic brain 7 injury, intoxication, or conditions manifested only by 8 antisocial behavior or substance abuse. 9 (31) “Neglect or refuse to care for himself or herself” 10 includes, but is not limited to, evidence that a person: 11 (a) Is unable to satisfy basic needs for nourishment, 12 clothing, medical care, shelter, or safety in a manner that 13 creates a substantial probability of imminent death, serious 14 physical debilitation, or disease; or 15 (b) Is substantially unable to make an informed treatment 16 choice and needs care or treatment to prevent deterioration. 17 (40) “Real and present threat of substantial harm” 18 includes, but is not limited to, evidence of a substantial 19 probability that the untreated person will: 20 (a) Lack, refuse, or not receive services for health and 21 safety that are actually available in the community; or 22 (b) Suffer severe mental, emotional, or physical harm that 23 will result in the loss of his or her ability to function in the 24 community or the loss of cognitive or volitional control over 25 thoughts or actions. 26 Section 2. Subsection (13) is added to section 394.459, 27 Florida Statutes, to read: 28 394.459 Rights of patients.— 29 (13) POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a 30 respondent with a serious mental illness must be informed of the 31 essential elements of recovery and provided assistance with 32 accessing a continuum of care regimen. The department may adopt 33 rules specifying the services that may be provided to such 34 respondents. 35 Section 3. Subsection (1) of section 394.4598, Florida 36 Statutes, is amended to read: 37 394.4598 Guardian advocate.— 38 (1) The administrator may petition the court for the 39 appointment of a guardian advocate based upon the opinion of a 40 psychiatrist that the patient is incompetent to consent to 41 treatment. If the court finds that a patient is incompetent to 42 consent to treatment and has not been adjudicated incapacitated 43 and a guardian with the authority to consent to mental health 44 treatment appointed, it shall appoint a guardian advocate. The 45 patient has the right to have an attorney represent him or her 46 at the hearing. If the person is indigent, the court shall 47 appoint the office of the public defender to represent him or 48 her at the hearing. The patient has the right to testify, cross 49 examine witnesses, and present witnesses. The proceeding shall 50 be recorded either electronically or stenographically, and 51 testimony shall be provided under oath. One of the professionals 52 authorized to give an opinion in support of a petition for 53 involuntary placement, as described ins. 394.4655 ors. 54 394.467, must testify. A guardian advocate must meet the 55 qualifications of a guardian contained in part IV of chapter 56 744, except that a professional referred to in this part, an 57 employee of the facility providing direct services to the 58 patient under this part, a departmental employee, a facility 59 administrator, or member of the Florida local advocacy council 60 mayshallnot be appointed. A person who is appointed as a 61 guardian advocate must agree to the appointment. 62 Section 4. Paragraph (d) of subsection (2) of section 63 394.4599, Florida Statutes, is amended to read: 64 394.4599 Notice.— 65 (2) INVOLUNTARY ADMISSION.— 66 (d) The written notice of the filing of the petition for 67 involuntary services for an individual being held must contain 68 the following: 69 1. Notice that the petition for: 70 a. Involuntary inpatient treatment pursuant to s. 394.467 71 has been filed with the circuit court in the county in which the 72 individual is hospitalized and the address of such court; or 73 b. Involuntary outpatient services pursuant to s. 394.4655 74 has been filed with the criminal county court, as defined in s.75394.4655(1),or the circuit court, as applicable, in the county 76 in which the individual is hospitalized and the address of such 77 court. 78 2. Notice that the office of the public defender has been 79 appointed to represent the individual in the proceeding, if the 80 individual is not otherwise represented by counsel. 81 3. The date, time, and place of the hearing and the name of 82 each examining expert and every other person expected to testify 83 in support of continued detention. 84 4. Notice that the individual, the individual’s guardian, 85 guardian advocate, health care surrogate or proxy, or 86 representative, or the administrator may apply for a change of 87 venue for the convenience of the parties or witnesses or because 88 of the condition of the individual. 89 5. Notice that the individual is entitled to an independent 90 expert examination and, if the individual cannot afford such an 91 examination, that the court will provide for one. 92 Section 5. Subsection (2) of section 394.461, Florida 93 Statutes, is amended to read: 94 394.461 Designation of receiving and treatment facilities 95 and receiving systems.—The department is authorized to designate 96 and monitor receiving facilities, treatment facilities, and 97 receiving systems and may suspend or withdraw such designation 98 for failure to comply with this part and rules adopted under 99 this part. Unless designated by the department, facilities are 100 not permitted to hold or treat involuntary patients under this 101 part. 102 (2) TREATMENT FACILITY.—The department may designate any 103 state-owned, state-operated, or state-supported facility as a 104 state treatment facility. A civil patient mustshallnot be 105 admitted to a state treatment facility without previously 106 undergoing a transfer evaluation. Before the close of the 107 state’s case in chief in acourthearing for involuntary 108 placementin a state treatment facility, the state may establish 109 that the transfer evaluation was performed and the document 110 properly executed by providing the court with a copy of the 111 transfer evaluation. The court may notshall receive and112 consider the substantive informationdocumentedin the transfer 113 evaluation unless the evaluator testifies at the hearing. Any 114 other facility, including a private facility or a federal 115 facility, may be designated as a treatment facility by the 116 department, provided that such designation is agreed to by the 117 appropriate governing body or authority of the facility. 118 Section 6. Subsection (3) of section 394.4615, Florida 119 Statutes, is amended to read: 120 394.4615 Clinical records; confidentiality.— 121 (3) Information from the clinical record may be released in 122 the following circumstances: 123 (a) When a patient has communicated to a service provider a 124 specific threat to cause serious bodily injury or death to an 125 identified or a readily available person, if the service 126 provider reasonably believes, or should reasonably believe 127 according to the standards of his or her profession, that the 128 patient has the apparent intent and ability to imminently or 129 immediately carry out such threat. When such communication has 130 been made, the administrator may authorize the release of 131 sufficient information to provide adequate warning to the person 132 threatened with harm by the patient. 133 (b) When the administrator of the facility or secretary of 134 the department deems release to a qualified researcher as 135 defined in administrative rule, an aftercare treatment provider, 136 or an employee or agent of the department is necessary for 137 treatment of the patient, maintenance of adequate records, 138 compilation of treatment data, aftercare planning, or evaluation 139 of programs. 140 141 For the purpose of determining whether a person meets the 142 criteria for involuntary outpatient placementor for preparing143the proposed treatment planpursuant to s. 394.4655, the 144 clinical record may be released to the state attorney, the 145 public defender or the patient’s private legal counsel, the 146 court, and to the appropriate mental health professionals,147including the service provider identified in s.148394.4655(7)(b)2.,in accordance with state and federal law. 149 Section 7. Section 394.462, Florida Statutes, is amended to 150 read: 151 394.462 Transportation.—A transportation plan shall be 152 developed and implemented by each county in collaboration with 153 the managing entity in accordance with this section. A county 154 may enter into a memorandum of understanding with the governing 155 boards of nearby counties to establish a shared transportation 156 plan. When multiple counties enter into a memorandum of 157 understanding for this purpose, the counties shall notify the 158 managing entity and provide it with a copy of the agreement. The 159 transportation plan shall describe methods of transport to a 160 facility within the designated receiving system for individuals 161 subject to involuntary examination under s. 394.463 or 162 involuntary admission under s. 397.6772, s. 397.679, s. 163 397.6798, or s. 397.6957s. 397.6811,and may identify 164 responsibility for other transportation to a participating 165 facility when necessary and agreed to by the facility. The plan 166 may rely on emergency medical transport services or private 167 transport companies, as appropriate. The plan shall comply with 168 the transportation provisions of this section and ss. 397.6772, 169 397.6795,397.6822,and 397.697. 170 (1) TRANSPORTATION TO A RECEIVING FACILITY.— 171 (a) Each county shall designate a single law enforcement 172 agency within the county, or portions thereof, to take a person 173 into custody upon the entry of an ex parte order or the 174 execution of a certificate for involuntary examination by an 175 authorized professional and to transport that person to the 176 appropriate facility within the designated receiving system 177 pursuant to a transportation plan. 178 (b)1. The designated law enforcement agency may decline to 179 transport the person to a receiving facility only if: 180 a. The jurisdiction designated by the county has contracted 181 on an annual basis with an emergency medical transport service 182 or private transport company for transportation of persons to 183 receiving facilities pursuant to this section at the sole cost 184 of the county; and 185 b. The law enforcement agency and the emergency medical 186 transport service or private transport company agree that the 187 continued presence of law enforcement personnel is not necessary 188 for the safety of the person or others. 189 2. The entity providing transportation may seek 190 reimbursement for transportation expenses. The party responsible 191 for payment for such transportation is the person receiving the 192 transportation. The county shall seek reimbursement from the 193 following sources in the following order: 194 a. From a private or public third-party payor, if the 195 person receiving the transportation has applicable coverage. 196 b. From the person receiving the transportation. 197 c. From a financial settlement for medical care, treatment, 198 hospitalization, or transportation payable or accruing to the 199 injured party. 200 (c) A company that transports a patient pursuant to this 201 subsection is considered an independent contractor and is solely 202 liable for the safe and dignified transport of the patient. Such 203 company must be insured and provide no less than $100,000 in 204 liability insurance with respect to the transport of patients. 205 (d) Any company that contracts with a governing board of a 206 county to transport patients shall comply with the applicable 207 rules of the department to ensure the safety and dignity of 208 patients. 209 (e) When a law enforcement officer takes custody of a 210 person pursuant to this part, the officer may request assistance 211 from emergency medical personnel if such assistance is needed 212 for the safety of the officer or the person in custody. 213 (f) When a member of a mental health overlay program or a 214 mobile crisis response service is a professional authorized to 215 initiate an involuntary examination pursuant to s. 394.463 or s. 216 397.675 and that professional evaluates a person and determines 217 that transportation to a receiving facility is needed, the 218 service, at its discretion, may transport the person to the 219 facility or may call on the law enforcement agency or other 220 transportation arrangement best suited to the needs of the 221 patient. 222 (g) When any law enforcement officer has custody of a 223 person based on either noncriminal or minor criminal behavior 224 that meets the statutory guidelines for involuntary examination 225 pursuant to s. 394.463, the law enforcement officer shall 226 transport the person to the appropriate facility within the 227 designated receiving system pursuant to a transportation plan. 228 Persons who meet the statutory guidelines for involuntary 229 admission pursuant to s. 397.675 may also be transported by law 230 enforcement officers to the extent resources are available and 231 as otherwise provided by law. Such persons shall be transported 232 to an appropriate facility within the designated receiving 233 system pursuant to a transportation plan. 234 (h) When any law enforcement officer has arrested a person 235 for a felony and it appears that the person meets the statutory 236 guidelines for involuntary examination or placement under this 237 part, such person must first be processed in the same manner as 238 any other criminal suspect. The law enforcement agency shall 239 thereafter immediately notify the appropriate facility within 240 the designated receiving system pursuant to a transportation 241 plan. The receiving facility shall be responsible for promptly 242 arranging for the examination and treatment of the person. A 243 receiving facility is not required to admit a person charged 244 with a crime for whom the facility determines and documents that 245 it is unable to provide adequate security, but shall provide 246 examination and treatment to the person where he or she is held. 247 (i) If the appropriate law enforcement officer believes 248 that a person has an emergency medical condition as defined in 249 s. 395.002, the person may be first transported to a hospital 250 for emergency medical treatment, regardless of whether the 251 hospital is a designated receiving facility. 252 (j) The costs of transportation, evaluation, 253 hospitalization, and treatment incurred under this subsection by 254 persons who have been arrested for violations of any state law 255 or county or municipal ordinance may be recovered as provided in 256 s. 901.35. 257 (k) The appropriate facility within the designated 258 receiving system pursuant to a transportation plan must accept 259 persons brought by law enforcement officers, or an emergency 260 medical transport service or a private transport company 261 authorized by the county, for involuntary examination pursuant 262 to s. 394.463. 263 (l) The appropriate facility within the designated 264 receiving system pursuant to a transportation plan must provide 265 persons brought by law enforcement officers, or an emergency 266 medical transport service or a private transport company 267 authorized by the county, pursuant to s. 397.675, a basic 268 screening or triage sufficient to refer the person to the 269 appropriate services. 270 (m) Each law enforcement agency designated pursuant to 271 paragraph (a) shall establish a policy that reflects a single 272 set of protocols for the safe and secure transportation and 273 transfer of custody of the person. Each law enforcement agency 274 shall provide a copy of the protocols to the managing entity. 275 (n) When a jurisdiction has entered into a contract with an 276 emergency medical transport service or a private transport 277 company for transportation of persons to facilities within the 278 designated receiving system, such service or company shall be 279 given preference for transportation of persons from nursing 280 homes, assisted living facilities, adult day care centers, or 281 adult family-care homes, unless the behavior of the person being 282 transported is such that transportation by a law enforcement 283 officer is necessary. 284 (o) This section may not be construed to limit emergency 285 examination and treatment of incapacitated persons provided in 286 accordance with s. 401.445. 287 (2) TRANSPORTATION TO A TREATMENT FACILITY.— 288 (a) If neither the patient nor any person legally obligated 289 or responsible for the patient is able to pay for the expense of 290 transporting a voluntary or involuntary patient to a treatment 291 facility, the transportation plan established by the governing 292 board of the county or counties must specify how the 293 hospitalized patient will be transported to, from, and between 294 facilities in a safe and dignified manner. 295 (b) A company that transports a patient pursuant to this 296 subsection is considered an independent contractor and is solely 297 liable for the safe and dignified transportation of the patient. 298 Such company must be insured and provide no less than $100,000 299 in liability insurance with respect to the transport of 300 patients. 301 (c) A company that contracts with one or more counties to 302 transport patients in accordance with this section shall comply 303 with the applicable rules of the department to ensure the safety 304 and dignity of patients. 305 (d) County or municipal law enforcement and correctional 306 personnel and equipment may not be used to transport patients 307 adjudicated incapacitated or found by the court to meet the 308 criteria for involuntary placement pursuant to s. 394.467, 309 except in small rural counties where there are no cost-efficient 310 alternatives. 311 (3) TRANSFER OF CUSTODY.—Custody of a person who is 312 transported pursuant to this part, along with related 313 documentation, shall be relinquished to a responsible individual 314 at the appropriate receiving or treatment facility. 315 Section 8. Subsection (1) of section 394.4625, Florida 316 Statutes, is amended to read: 317 394.4625 Voluntary admissions.— 318 (1) EXAMINATION AND TREATMENTAUTHORITY TO RECEIVE319PATIENTS.— 320 (a) In order to be admitted to a facility on a voluntary 321 basis, a person must show evidence of a mental illness and be 322 suitable for treatment by the facility. 323 1. If the person is an adult, he or she must be competent 324 to provide his or her express and informed consent in writing to 325 the facility. 326 2. A minor may only be admitted to a facility on the basis 327 of the express and informed consent of the minor’s parent or 328 legal guardian in conjunction with the minor’s assent. 329 a. The minor’s assent is an affirmative agreement by the 330 minor to remain at the facility for examination and treatment. 331 The minor’s failure to object is not assent for purposes of this 332 subparagraph. 333 b. The minor’s assent must be verified through a clinical 334 assessment that is documented in the minor’s clinical record and 335 conducted within 12 hours after arrival at the facility by a 336 licensed professional authorized to initiate an involuntary 337 examination under s. 394.463. 338 c. In verifying the minor’s assent, the examining 339 professional must first provide the minor with an explanation as 340 to why the minor will be examined and treated, what the minor 341 can expect while in the facility, and when the minor may expect 342 to be released, using language that is appropriate to the 343 minor’s age, experience, maturity, and condition. The examining 344 professional must determine and document that the minor is able 345 to understand this information. 346 d. The facility must advise the minor of his or her right 347 to request and have access to legal counsel. 348 e. The facility administrator must file with the court a 349 notice of a minor’s voluntary placement within 1 court working 350 day after the minor’s admission to the facility. 351 f. The court shall appoint a public defender who may review 352 the voluntariness of the minor’s admission to the facility and 353 further verify his or her assent. The public defender may 354 interview and represent the minor and shall have access to all 355 relevant witnesses and records. If the public defender does not 356 review the voluntariness of the admission, the clinical 357 assessment of the minor’s assent shall serve as verification of 358 assent. 359 g. Unless the minor’s assent is verified pursuant to this 360 subparagraph, a petition for involuntary placement must be filed 361 with the court or the minor must be released to his or her 362 parent or legal guardian within 24 hours after arriving at the 363 facilityA facility may receive for observation, diagnosis, or364treatment any person 18 years of age or older making application365by express and informed consent for admission or any person age36617 or under for whom such application is made by his or her367guardian. If found to show evidence of mental illness, to be368competent to provide express and informed consent, and to be369suitable for treatment, such person 18 years of age or older may370be admitted to the facility. A person age 17 or under may be371admitted only after a hearing to verify the voluntariness of the372consent. 373 (b) A mental health overlay program or a mobile crisis 374 response service or a licensed professional who is authorized to 375 initiate an involuntary examination pursuant to s. 394.463 and 376 is employed by a community mental health center or clinic must, 377 pursuant to district procedure approved by the respective 378 district administrator, conduct an initial assessment of the 379 ability of the following persons to give express and informed 380 consent to treatment before such persons may be admitted 381 voluntarily: 382 1. A person 60 years of age or older for whom transfer is 383 being sought from a nursing home, assisted living facility, 384 adult day care center, or adult family-care home, when such 385 person has been diagnosed as suffering from dementia. 386 2. A person 60 years of age or older for whom transfer is 387 being sought from a nursing home pursuant to s. 400.0255(12). 388 3. A person for whom all decisions concerning medical 389 treatment are currently being lawfully made by the health care 390 surrogate or proxy designated under chapter 765. 391 (c) When an initial assessment of the ability of a person 392 to give express and informed consent to treatment is required 393 under this section, and a mobile crisis response service does 394 not respond to the request for an assessment within 2 hours 395 after the request is made or informs the requesting facility 396 that it will not be able to respond within 2 hours after the 397 request is made, the requesting facility may arrange for 398 assessment by any licensed professional authorized to initiate 399 an involuntary examination pursuant to s. 394.463 who is not 400 employed by or under contract with, and does not have a 401 financial interest in, either the facility initiating the 402 transfer or the receiving facility to which the transfer may be 403 made. 404 (d) A facility may not admit as a voluntary patient a 405 person who has been adjudicated incapacitated, unless the 406 condition of incapacity has been judicially removed. If a 407 facility admits as a voluntary patient a person who is later 408 determined to have been adjudicated incapacitated, and the 409 condition of incapacity had not been removed by the time of the 410 admission, the facility must either discharge the patient or 411 transfer the patient to involuntary status. 412 (e) The health care surrogate or proxy of a voluntary 413 patient may not consent to the provision of mental health 414 treatment for the patient. A voluntary patient who is unwilling 415 or unable to provide express and informed consent to mental 416 health treatment must either be discharged or transferred to 417 involuntary status. 418 (f) Within 24 hours after admission of a voluntary patient, 419 the admitting physician shall document in the patient’s clinical 420 record that the patient is able to give express and informed 421 consent for admission. If the patient is not able to give 422 express and informed consent for admission, the facility shall 423 either discharge the patient or transfer the patient to 424 involuntary status pursuant to subsection (5). 425 Section 9. Subsection (1) and paragraphs (a), (g), and (h) 426 of subsection (2) of section 394.463, Florida Statutes, are 427 amended, and subsection (5) is added to that section, to read: 428 394.463 Involuntary examination.— 429 (1) CRITERIA.—A person may be taken to a receiving facility 430 for involuntary examination if there is reason to believe that 431 the person has a mental illness and because of his or her mental 432 illness: 433 (a)1. The person has refused voluntary examination after 434 conscientious explanation and disclosure of the purpose of the 435 examination; or 436 2. The person is unable to determine for himself or herself 437 whether examination is necessary; and 438 (b)1. Without care or treatment, the person is likely to 439 suffer from neglect or refuse to care for himself or herself; 440 such neglect or refusal poses a real and present threat of 441 substantial harm to his or her well-being; and it is not 442 apparent that such harm may be avoided through the help of 443 willing, able, and responsible family members or friends or the 444 provision of other services; or 445 2. There is a substantial likelihood that in the near 446 future and without care or treatment, the person will inflict 447 seriouscause serious bodilyharm to selfhimself or herselfor 448 othersin the near future, as evidenced by acts, omissions, or 449recentbehavior causing, attempting, or threatening such harm, 450 which includes, but is not limited to, significant property 451 damage. 452 (2) INVOLUNTARY EXAMINATION.— 453 (a) An involuntary examination may be initiated by any one 454 of the following means: 455 1. A circuit or county court may enter an ex parte order 456 stating that a person appears to meet the criteria for 457 involuntary examination and specifying the findings on which 458 that conclusion is based. The ex parte order for involuntary 459 examination must be based on written or oral sworn testimony 460 that includes specific facts that support the findings. If other 461 less restrictive means are not available, such as voluntary 462 appearance for outpatient evaluation, a law enforcement officer, 463 or other designated agent of the court, shall take the person 464 into custody and deliver him or her to an appropriate, or the 465 nearest, facility within the designated receiving system 466 pursuant to s. 394.462 for involuntary examination. The order of 467 the court shall be made a part of the patient’s clinical record. 468 A fee may not be charged for the filing of an order under this 469 subsection. A facility accepting the patient based on this order 470 must send a copy of the order to the department within 5 working 471 days. The order may be submitted electronically through existing 472 data systems, if available. The order shall be valid only until 473 the person is delivered to the facility or for the period 474 specified in the order itself, whichever comes first. If no time 475 limit is specified in the order, the order shall be valid for 7 476 days after the date that the order was signed. 477 2. A law enforcement officer mayshalltake a person who 478 appears to meet the criteria for involuntary examination into 479 custody and deliver the person or have him or her delivered to 480 an appropriate, or the nearest, facility within the designated 481 receiving system pursuant to s. 394.462 for examination. The 482 officer shall execute a written report detailing the 483 circumstances under which the person was taken into custody, 484 which must be made a part of the patient’s clinical record. Any 485 facility accepting the patient based on this report must send a 486 copy of the report to the department within 5 working days. 487 3. A physician, clinical psychologist, psychiatric nurse, 488 mental health counselor, marriage and family therapist, or 489 clinical social worker may execute a certificate stating that he 490 or she has examined a person within the preceding 48 hours and 491 finds that the person appears to meet the criteria for 492 involuntary examination and stating the observations upon which 493 that conclusion is based. If other less restrictive means, such 494 as voluntary appearance for outpatient evaluation, are not 495 available, a law enforcement officer shall take into custody the 496 person named in the certificate and deliver him or her to the 497 appropriate, or nearest, facility within the designated 498 receiving system pursuant to s. 394.462 for involuntary 499 examination. The law enforcement officer shall execute a written 500 report detailing the circumstances under which the person was 501 taken into custody. The report and certificate shall be made a 502 part of the patient’s clinical record. Any facility accepting 503 the patient based on this certificate must send a copy of the 504 certificate to the department within 5 working days. The 505 document may be submitted electronically through existing data 506 systems, if applicable. 507 508 When sending the order, report, or certificate to the 509 department, a facility shall, at a minimum, provide information 510 about which action was taken regarding the patient under 511 paragraph (g), which information shall also be made a part of 512 the patient’s clinical record. 513 (g) The examination period must be for up to 72 hours. For 514 a minor, the examination shall be initiated within 12 hours 515 after the patient’s arrival at the facility. The facility must 516 inform the department of any person who has been examined or 517 committed three or more times under this chapter within a 12 518 month period. Within the examination period or, if the 519 examination period ends on a weekend or holiday, no later than 520 the next working day thereafter, one of the following actions 521 must be taken, based on the individual needs of the patient: 522 1. The patient shall be released, unless he or she is 523 charged with a crime, in which case the patient shall be 524 returned to the custody of a law enforcement officer; 525 2. The patient shall be released, subject to subparagraph 526 1., for voluntary outpatient treatment; 527 3. The patient, unless he or she is charged with a crime, 528 shall be asked to give express and informed consent to placement 529 as a voluntary patient and, if such consent is given, the 530 patient shall be admitted as a voluntary patient; or 531 4. A petition for involuntary services shall be filed in 532 the circuit courtif inpatient treatment is deemed necessaryor 533 with athecriminal county court, as described in s. 394.4655 534defined in s. 394.4655(1), as applicable. When inpatient 535 treatment is deemed necessary, the least restrictive treatment 536 consistent with the optimum improvement of the patient’s 537 condition shall be made available. The petitionWhen a petition538is to be filed for involuntary outpatient placement, it shall be539filed by one of the petitioners specified in s. 394.4655(4)(a).540A petition for involuntary inpatient placementshall be filed by 541 the facility administrator. 542 (h) A person for whom an involuntary examination has been 543 initiated who is being evaluated or treated at a hospital for an 544 emergency medical condition specified in s. 395.002 must be 545 examined by a facility within the examination period specified 546 in paragraph (g). The examination period begins when the patient 547 arrives at the hospital and ceases when the attending physician 548 documents that the patient has an emergency medical condition. 549 If the patient is examined at a hospital providing emergency 550 medical services by a professional qualified to perform an 551 involuntary examination and is found as a result of that 552 examination not to meet the criteria for involuntary outpatient 553 services pursuant to s. 394.4655s. 394.4655(2)or involuntary 554 inpatient placement pursuant to s. 394.467(1), the patient may 555 be offered voluntary services or placement, if appropriate, or 556 released directly from the hospital providing emergency medical 557 services. The finding by the professional that the patient has 558 been examined and does not meet the criteria for involuntary 559 inpatient services or involuntary outpatient placement must be 560 entered into the patient’s clinical record. This paragraph is 561 not intended to prevent a hospital providing emergency medical 562 services from appropriately transferring a patient to another 563 hospital before stabilization if the requirements of s. 564 395.1041(3)(c) have been met. 565 (5) UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND 566 TREATMENT; PENALTIES.— 567 (a) Knowingly furnishing false information for the purpose 568 of obtaining emergency or other involuntary admission for any 569 person is a misdemeanor of the first degree, punishable as 570 provided in s. 775.082 and by a fine not exceeding $5,000. 571 (b) Causing or otherwise securing, conspiring with or 572 assisting another to cause or secure, without reason for 573 believing a person to be impaired, any emergency or other 574 involuntary procedure for the person is a misdemeanor of the 575 first degree, punishable as provided in s. 775.082 and by a fine 576 not exceeding $5,000. 577 (c) Causing, or conspiring with or assisting another to 578 cause, the denial to any person of any right accorded pursuant 579 to this chapter is a misdemeanor of the first degree, punishable 580 as provided in s. 775.082 by a fine not exceeding $5,000. 581 Section 10. Section 394.4655, Florida Statutes, is amended 582 to read: 583 (Substantial rewording of section. See 584 s. 394.4655, F.S., for present text.) 585 394.4655 Involuntary outpatient services.— 586 (1)(a) The court may order a respondent into outpatient 587 treatment for up to 6 months if, during a hearing under s. 588 394.467, it is established that the respondent meets involuntary 589 placement criteria and: 590 1. Has been jailed or incarcerated, has been involuntarily 591 admitted to a receiving or treatment facility as defined in s. 592 394.455, or has received mental health services in a forensic or 593 correctional facility at least twice during the last 36 months; 594 2. The outpatient treatment is provided in the county in 595 which the respondent resides or, if being placed from a state 596 treatment facility, will reside; and 597 3. The respondent’s treating physician certifies, within a 598 reasonable degree of medical probability, that the respondent: 599 a. Can be appropriately treated on an outpatient basis; and 600 b. Can follow a prescribed treatment plan. 601 (b) For the duration of his or her treatment, the 602 respondent must be supported by a social worker or case manager 603 of the outpatient provider, or a willing, able, and responsible 604 individual appointed by the court who must inform the court, 605 state attorney, and public defender of any failure by the 606 respondent to comply with his or her outpatient program. 607 (2) The court shall retain jurisdiction over the case and 608 parties for the entry of such further orders after a hearing, as 609 the circumstances may require. Such jurisdiction includes, but 610 is not limited to, ordering inpatient treatment to stabilize a 611 respondent who decompensates during his or her up to 6-month 612 period of court-ordered treatment and meets the commitment 613 criteria of s. 394.467. 614 (3) A criminal county court exercising its original 615 jurisdiction in a misdemeanor case under s. 34.01 may order a 616 person who meets the commitment criteria into involuntary 617 outpatient services. 618 Section 11. Subsections (1) and (5) and paragraphs (a), 619 (b), and (c) of subsection (6) of section 394.467, Florida 620 Statutes, are amended to read: 621 394.467 Involuntary inpatient placement.— 622 (1) CRITERIA.—A person may be ordered for involuntary 623 inpatient placement for treatment upon a finding of the court by 624 clear and convincing evidence that: 625 (a) He or she has a mental illness and because of his or 626 her mental illness: 627 1.a. He or she has refused voluntary inpatient placement 628 for treatment after sufficient and conscientious explanation and 629 disclosure of the purpose of inpatient placement for treatment; 630 or 631 b. He or she is unable to determine for himself or herself 632 whether inpatient placement is necessary; and 633 2.a. He or she is incapable of surviving alone or with the 634 help of willing, able, and responsible family or friends, 635 including available alternative services, and, without 636 treatment, is likely to suffer from neglect or refuse to care 637 for himself or herself, and such neglect or refusal poses a real 638 and present threat of substantial harm to his or her well-being; 639 or 640 b. There is substantial likelihood that in the near future 641 and without services he or she will inflict seriousbodilyharm 642 toonself or others, as evidenced by acts, omissions, orrecent643 behavior causing, attempting, or threatening such harm, which 644 includes, but is not limited to, significant property damage; 645 and 646 (b) All available less restrictive treatment alternatives 647 that would offer an opportunity for improvement of his or her 648 condition have been judged to be inappropriate. 649 (5) CONTINUANCE OF HEARING.—The patient and the state are 650 independently entitledis entitled, with the concurrence of the651patient’s counsel,to at least one continuance of the hearing. 652 The patient’s continuance may be for a period offorup to 4 653 weeks and requires the concurrence of his or her counsel. The 654 state’s continuance may be for a period of up to 5 court working 655 days and requires a showing of good cause and due diligence by 656 the state before requesting the continuance. The state’s failure 657 to timely review any readily available document or failure to 658 attempt to contact a known witness does not warrant a 659 continuance. 660 (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.— 661 (a)1. The court shall hold the hearing on involuntary 662 inpatient placement within 5 court working days, unless a 663 continuance is granted. 664 2. Except for good cause documented in the court file, the 665 hearing must be held in the county or the facility, as 666 appropriate, where the patient is located, must be as convenient 667 to the patient as is consistent with orderly procedure, and 668 shall be conducted in physical settings not likely to be 669 injurious to the patient’s condition. If the court finds that 670 the patient’s attendance at the hearing is not consistent with 671 the best interests of, or is likely to be injurious to, the 672 patient, or the patient knowingly, intelligently, and 673 voluntarily waives his or her right to be present, and the 674 patient’s counsel does not object, the court may waive the 675 presence of the patient from all or any portion of the hearing. 676 Absent a showing of good cause, such as specific symptoms of the 677 respondent’s condition, the court may permit all witnesses, 678 including, but not limited to, any medical professionals or 679 personnel who are or have been involved with the patient’s 680 treatment, to remotely attend and testify at the hearing under 681 oath via the most appropriate and convenient technological 682 method of communication available to the court, including, but 683 not limited to, teleconference. Any witness intending to 684 remotely attend and testify at the hearing must provide the 685 parties with all relevant documents in advance of the hearing. 686 The state attorney for the circuit in which the patient is 687 located shall represent the state, rather than the petitioning 688 facility administrator, as the real party in interest in the 689 proceeding. In order to evaluate and prepare its case before the 690 hearing, the state attorney may access, by subpoena if 691 necessary, the patient, witnesses, and all relevant records. 692 Such records include, but are not limited to, any social media, 693 school records, clinical files, and reports documenting contact 694 the patient may have had with law enforcement officers or other 695 state agencies. However, these records shall remain 696 confidential, and the state attorney may not use any records 697 obtained under this part for criminal investigation or 698 prosecution purposes, or for any purpose other than the 699 patient’s civil commitment under this chapter. 700 3. The court may appoint a magistrate to preside at the 701 hearing on the petition and any ancillary proceedings thereto, 702 which include, but are not limited to, writs of habeas corpus 703 issued pursuant to s. 394.459(8). One of the professionals who 704 executed the petition for involuntary inpatient placement 705 certificate shall be a witness. The patient and the patient’s 706 guardian or representative shall be informed by the court of the 707 right to an independent expert examination. If the patient 708 cannot afford such an examination, the court shall ensure that 709 one is provided, as otherwise provided for by law. The 710 independent expert’s report is confidential and not 711 discoverable, unless the expert is to be called as a witness for 712 the patient at the hearing. The testimony in the hearing must be 713 given under oath, and the proceedings must be recorded. The 714 patient may refuse to testify at the hearing. 715 (b) If the court concludes that the patient meets the 716 criteria for involuntary inpatient placement, it may order that 717 the patient be transferred to a treatment facility or, if the 718 patient is at a treatment facility, that the patient be retained 719 there or be treated at any other appropriate facility, or that 720 the patient receive services, on an involuntary basis, for up to 72190 days. However, any order for involuntary mental health722services in a treatment facility may be for up to6 months. The 723 order shall specify the nature and extent of the patient’s 724 mental illness and, unless the patient has transferred to a 725 voluntary status, the facility must discharge the patient at any 726 time he or she no longer meets the criteria for involuntary 727 inpatient treatment. The court may not order an individual with 728 a developmental disability as defined in s. 393.063, traumatic 729 brain injury, or dementia who lacks a co-occurring mental 730 illness to be involuntarily placed in a state treatment 731 facility. Such individuals must be referred to the Agency for 732 Persons with Disabilities or the Department of Elderly Affairs 733 for further evaluation and the provision of appropriate services 734 for their individual needs. In addition, if it reasonably 735 appears that the individual would be found incapacitated under 736 chapter 744 and the individual does not already have a legal 737 guardian, the facility must inform any known next of kin and 738 initiate guardianship proceedings. The facility may hold the 739 individual until the petition to appoint a guardian is heard by 740 the court and placement is secured.The facility shall discharge741a patient any time the patient no longer meets the criteria for742involuntary inpatient placement, unless the patient has743transferred to voluntary status.744 (c) If at any time before the conclusion of the involuntary 745 placement hearingon involuntary inpatient placementit appears 746 to the court that the person does not meet the criteria offor747involuntary inpatient placement underthis section, but instead 748 meets the criteria for involuntaryoutpatient services, the749court may order the person evaluated for involuntary outpatient750services pursuant to s. 394.4655. The petition and hearing751procedures set forth in s. 394.4655 shall apply. If the person752instead meets the criteria for involuntary assessment,753protective custody, or involuntaryadmission or treatment 754 pursuant to s. 397.675,thenthe court may order the person to 755 be admitted for involuntary assessmentfor a period of 5 days756 pursuant to s. 397.6957s. 397.6811. Thereafter, all proceedings 757 are governed by chapter 397. 758 Section 12. Subsection (3) of section 394.495, Florida 759 Statutes, is amended to read: 760 394.495 Child and adolescent mental health system of care; 761 programs and services.— 762 (3) Assessments must be performed by: 763 (a) A clinical psychologist, clinical social worker, 764 physician, psychiatric nurse, or psychiatrist as those terms are 765 defined in s. 394.455professional as defined in s. 394.455(5),766(7), (32), (35), or (36); 767 (b) A professional licensed under chapter 491; or 768 (c) A person who is under the direct supervision of a 769 clinical psychologist, clinical social worker, physician, 770 psychiatric nurse, or psychiatrist as those terms are defined in 771 s. 394.455qualified professional as defined in s. 394.455(5),772(7), (32), (35), or (36)or a professional licensed under 773 chapter 491. 774 Section 13. Subsection (5) of section 394.496, Florida 775 Statutes, is amended to read: 776 394.496 Service planning.— 777 (5) A clinical psychologist, clinical social worker, 778 physician, psychiatric nurse, or psychiatrist as those terms are 779 defined in s. 394.455professional as defined in s. 394.455(5),780(7), (32), (35), or (36)or a professional licensed under 781 chapter 491 must be included among those persons developing the 782 services plan. 783 Section 14. Paragraph (a) of subsection (2) of section 784 394.499, Florida Statutes, is amended to read: 785 394.499 Integrated children’s crisis stabilization 786 unit/juvenile addictions receiving facility services.— 787 (2) Children eligible to receive integrated children’s 788 crisis stabilization unit/juvenile addictions receiving facility 789 services include: 790 (a) A person under 18 years of age for whom voluntary 791 application is made by his or her parent or legal guardian, if 792 such person is found to show evidence of mental illness and to 793 be suitable for treatment pursuant to s. 394.4625. A person 794 under 18 years of age may be admitted for integrated facility 795 services only after a hearing to verify that the consent to 796 admission is voluntary is conducted pursuant to s. 394.4625. 797 Section 15. Subsection (6) of section 394.9085, Florida 798 Statutes, is amended to read: 799 394.9085 Behavioral provider liability.— 800 (6) For purposes of this section, the terms “detoxification 801 services,” “addictions receiving facility,” and “receiving 802 facility” have the same meanings as those provided in ss. 803 397.311(26)(a)4., 397.311(26)(a)1., and 394.455394.455(39), 804 respectively. 805 Section 16. Subsection (3) of section 397.305, Florida 806 Statutes, is amended to read: 807 397.305 Legislative findings, intent, and purpose.— 808 (3) It is the purpose of this chapter to provide for a 809 comprehensive continuum of accessible and quality substance 810 abuse prevention, intervention, clinical treatment, and recovery 811 support services in the most appropriate and least restrictive 812 environment which promotes long-term recovery while protecting 813 and respecting the rights of individuals, primarily through 814 community-based private not-for-profit providers working with 815 local governmental programs involving a wide range of agencies 816 from both the public and private sectors. 817 Section 17. Present subsections (29) through (36) and (37) 818 through (50) of section 397.311, Florida Statutes, are 819 redesignated as subsections (30) through (37) and (39) through 820 (52), respectively, new subsections (29) and (38) are added to 821 that section, and subsections (19) and (23) are amended, to 822 read: 823 397.311 Definitions.—As used in this chapter, except part 824 VIII, the term: 825 (19) “Impaired” or “substance abuse impaired” means having 826 a substance use disorder or a condition involving the use of 827 alcoholic beverages, illicit or prescription drugs, or any 828 psychoactive or mood-altering substance in such a manner as to 829 induce mental, emotional, or physical problems orandcause 830 socially dysfunctional behavior. 831 (23) “Involuntary treatment services” means an array of 832 behavioral health services that may be ordered by the court for 833 persons with substance abuse impairment or co-occurring 834 substance abuse impairment and mental health disorders. 835 (29) “Neglect or refuse to care for himself or herself” 836 includes, but is not limited to, evidence that a person: 837 (a) Is unable to satisfy basic needs for nourishment, 838 clothing, medical care, shelter, or safety in a manner that 839 creates a substantial probability of imminent death, serious 840 physical debilitation, or disease; or 841 (b) Is substantially unable to make an informed treatment 842 choice and needs care or treatment to prevent deterioration. 843 (38) “Real and present threat of substantial harm” 844 includes, but is not limited to, evidence of a substantial 845 probability that the untreated person will: 846 (a) Lack, refuse, or not receive services for health and 847 safety that are actually available in the community; or 848 (b) Suffer severe mental, emotional, or physical harm that 849 will result in the loss of ability to function in the community 850 or the loss of cognitive or volitional control over thoughts or 851 actions. 852 Section 18. Section 397.416, Florida Statutes, is amended 853 to read: 854 397.416 Substance abuse treatment services; qualified 855 professional.—Notwithstanding any other provision of law, a 856 person who was certified through a certification process 857 recognized by the former Department of Health and Rehabilitative 858 Services before January 1, 1995, may perform the duties of a 859 qualified professional with respect to substance abuse treatment 860 services as defined in this chapter, and need not meet the 861 certification requirements contained in s. 397.311(36)s.862397.311(35). 863 Section 19. Subsection (11) is added to section 397.501, 864 Florida Statutes, to read: 865 397.501 Rights of individuals.—Individuals receiving 866 substance abuse services from any service provider are 867 guaranteed protection of the rights specified in this section, 868 unless otherwise expressly provided, and service providers must 869 ensure the protection of such rights. 870 (11) POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a 871 respondent with a serious substance abuse addiction must be 872 informed of the essential elements of recovery and provided 873 assistance with accessing a continuum of care regimen. The 874 department may adopt rules specifying the services that may be 875 provided to such respondents. 876 Section 20. Section 397.675, Florida Statutes, is amended 877 to read: 878 397.675 Criteria for involuntary admissions, including 879 protective custody, emergency admission, and other involuntary 880 assessment, involuntary treatment, and alternative involuntary 881 assessment for minors, for purposes of assessment and 882 stabilization, and for involuntary treatment.—A person meets the 883 criteria for involuntary admission if there is good faith reason 884 to believe that the person is substance abuse impaired, has a 885 substance use disorder, or has a substance use disorder and a 886 co-occurring mental health disorder and, because of such 887 impairment or disorder: 888 (1) Has lost the power of self-control with respect to 889 substance abuse, or has a history of noncompliance with 890 substance abuse treatment with continued substance use;and891 (2)(a)Is in need of substance abuse services and, by 892 reason of substance abuse impairment, his or her judgment has 893 been so impaired that he or she is refusing voluntary care after 894 a sufficient and conscientious explanation and disclosure of the 895 purpose for such services, or is incapable of appreciating his 896 or her need for such services and of making a rational decision 897 in that regard, although mere refusal to receive such services 898 does not constitute evidence of lack of judgment with respect to 899 his or her need for such services; andor900 (3)(a)(b)Without care or treatment, is likely to suffer 901 from neglect or refuse to care for himself or herself; that such 902 neglect or refusal poses a real and present threat of 903 substantial harm to his or her well-being; and that it is not 904 apparent that such harm may be avoided through the help of 905 willing, able, and responsible family members or friends or the 906 provision of other services;,or 907 (b) There is substantial likelihood that in the near future 908 and without services, the person will inflict serious harm to 909 self or others, as evidenced by acts, omissions, or behavior 910 causing, attempting, or threatening such harm, which includes, 911 but is not limited to, significant property damagehas912inflicted, or threatened to or attempted to inflict, or, unless913admitted, is likely to inflict, physical harm on himself,914herself, or another. 915 Section 21. Subsection (1) of section 397.6751, Florida 916 Statutes, is amended to read: 917 397.6751 Service provider responsibilities regarding 918 involuntary admissions.— 919 (1) It is the responsibility of the service provider to: 920 (a) Ensure that a person who is admitted to a licensed 921 service component meets the admission criteria specified in s. 922 397.675; 923 (b) Ascertain whether the medical and behavioral conditions 924 of the person, as presented, are beyond the safe management 925 capabilities of the service provider; 926 (c) Provide for the admission of the person to the service 927 component that represents the most appropriate and least 928 restrictive available setting that is responsive to the person’s 929 treatment needs; 930 (d) Verify that the admission of the person to the service 931 component does not result in a census in excess of its licensed 932 service capacity; 933 (e) Determine whether the cost of services is within the 934 financial means of the person or those who are financially 935 responsible for the person’s care; and 936 (f) Take all necessary measures to ensure that each 937 individual in treatment is provided with a safe environment, and 938 to ensure that each individual whose medical condition or 939 behavioral problem becomes such that he or she cannot be safely 940 managed by the service component is discharged and referred to a 941 more appropriate setting for care. 942 Section 22. Section 397.681, Florida Statutes, is amended 943 to read: 944 397.681 Involuntary petitions; general provisions; court 945 jurisdiction and right to counsel.— 946 (1) JURISDICTION.—The courts have jurisdiction of 947involuntary assessment and stabilization petitions and948 involuntary treatment petitions for substance abuse impaired 949 persons, and such petitions must be filed with the clerk of the 950 court in the county where the person is located. The clerk of 951 the court may not charge a fee for the filing of a petition 952 under this section. The chief judge may appoint a general or 953 special magistrate to preside over all or part of the 954 proceedings. The alleged impaired person is named as the 955 respondent. 956 (2) RIGHT TO COUNSEL.—A respondent has the right to counsel 957 at every stage of a proceeding relating to a petition for his or 958 herinvoluntary assessment and a petition for his or her959 involuntary treatment for substance abuse impairment. A 960 respondent who desires counsel and is unable to afford private 961 counsel has the right to court-appointed counsel and to the 962 benefits of s. 57.081. If the court believes that the respondent 963 needs the assistance of counsel, the court shall appoint such 964 counsel for the respondent without regard to the respondent’s 965 wishes. If the respondent is a minor not otherwise represented 966 in the proceeding, the court shall immediately appoint a 967 guardian ad litem to act on the minor’s behalf. 968 (3) STATE REPRESENTATIVE.—Subject to legislative 969 appropriation, for all court-involved involuntary proceedings 970 under this chapter in which the petitioner has not retained 971 private counsel, the state attorney for the circuit in which the 972 respondent is located shall represent the state rather than the 973 petitioner as the real party of interest in the proceeding, but 974 the state attorney must be respectful of the petitioner’s 975 interests and concerns. In order to evaluate and prepare its 976 case before the hearing, the state attorney may access, by 977 subpoena if necessary, the respondent, the witnesses, and all 978 relevant records. Such records include, but are not limited to, 979 any social media, school records, clinical files, and reports 980 documenting contact the respondent may have had with law 981 enforcement officers or other state agencies. However, these 982 records shall remain confidential, and the petitioner may not 983 access any records obtained by the state attorney unless such 984 records are entered into the court file. In addition, the state 985 attorney may not use any records obtained under this part for 986 criminal investigation or prosecution purposes, or for any 987 purpose other than the respondent’s civil commitment under this 988 chapter. 989 Section 23. Section 397.6811, Florida Statutes, is 990 repealed. 991 Section 24. Section 397.6814, Florida Statutes, is 992 repealed. 993 Section 25. Section 397.6815, Florida Statutes, is 994 repealed. 995 Section 26. Section 397.6818, Florida Statutes, is 996 repealed. 997 Section 27. Section 397.6819, Florida Statutes, is 998 repealed. 999 Section 28. Section 397.6821, Florida Statutes, is 1000 repealed. 1001 Section 29. Section 397.6822, Florida Statutes, is 1002 repealed. 1003 Section 30. Section 397.693, Florida Statutes, is amended 1004 to read: 1005 397.693 Involuntary treatment.—A person may be the subject 1006 of a petition for court-ordered involuntary treatment pursuant 1007 to this part,if that person: 1008 (1) Reasonably appears to meetmeetsthe criteria for 1009 involuntary admission provided in s. 397.675;and:1010 (2)(1)Has been placed under protective custody pursuant to 1011 s. 397.677 within the previous 10 days; 1012 (3)(2)Has been subject to an emergency admission pursuant 1013 to s. 397.679 within the previous 10 days; or 1014 (4)(3)Has been assessed by a qualified professional within 1015 305days;1016(4)Has been subject to involuntary assessment and1017stabilization pursuant to s. 397.6818 within the previous 121018days; or1019(5)Has been subject to alternative involuntary admission1020pursuant to s. 397.6822 within the previous 12 days. 1021 Section 31. Section 397.695, Florida Statutes, is amended 1022 to read: 1023 397.695 Involuntary treatment services; persons who may 1024 petition.— 1025 (1) If the respondent is an adult, a petition for 1026 involuntary treatment services may be filed by the respondent’s 1027 spouse or legal guardian, any relative, a service provider, or 1028 an adult who has direct personal knowledge of the respondent’s 1029 substance abuse impairment and his or her prior course of 1030 assessment and treatment. 1031 (2) If the respondent is a minor, a petition for 1032 involuntary treatment may be filed by a parent, legal guardian, 1033 or service provider. 1034 (3) The court or the clerk of the court may waive or 1035 prohibit any service of process fees if a petitioner is 1036 determined to be indigent under s. 57.082. 1037 Section 32. Section 397.6951, Florida Statutes, is amended 1038 to read: 1039 397.6951 Contents of petition for involuntary treatment 1040 services.— 1041 (1) A petition for involuntary treatment services must 1042 contain the name of the respondent; the name of the petitioner 1043 or petitioners; the relationship between the respondent and the 1044 petitioner; the name of the respondent’s attorney, if known;the1045findings and recommendations of the assessment performed by the1046qualified professional;and the factual allegations presented by 1047 the petitioner establishing the need for involuntaryoutpatient1048 services for substance abuse impairment. The factual allegations 1049 must demonstrate the reason for the petitioner’s belief that the 1050 respondent: 1051(1)The reason for the petitioner’s belief that the1052respondent is substance abuse impaired;1053 (a)(2)The reason for the petitioner’s belief that because1054of such impairment the respondentHas lost the power of self 1055 control with respect to substance abuse, or has a history of 1056 noncompliance with substance abuse treatment with continued 1057 substance use;and1058 (b) Needs substance abuse services, but his or her judgment 1059 is so impaired by substance abuse that he or she either is 1060 refusing voluntary care after a sufficient and conscientious 1061 explanation and disclosure of the purpose of such services, or 1062 is incapable of appreciating his or her need for such services 1063 and of making a rational decision in that regard; and 1064 (c)1. Without services, is likely to suffer from neglect or 1065 refuse to care for himself or herself; that the neglect or 1066 refusal poses a real and present threat of substantial harm to 1067 his or her well-being; and that it is not apparent that the harm 1068 may be avoided through the help of willing, able, and 1069 responsible family members or friends or the provision of other 1070 services; or 1071 2. There is a substantial likelihood that in the near 1072 future and without services, the respondent will inflict serious 1073 harm to self or others, as evidenced by acts, omissions, or 1074 behavior causing, attempting, or threatening such harm, which 1075 includes, but is not limited to, significant property damage 1076(3)(a)The reason the petitioner believes that the1077respondent has inflicted or is likely to inflict physical harm1078on himself or herself or others unless the court orders the1079involuntary services; or1080(b)The reason the petitioner believes that the1081respondent’s refusal to voluntarily receive care is based on1082judgment so impaired by reason of substance abuse that the1083respondent is incapable of appreciating his or her need for care1084and of making a rational decision regarding that need for care. 1085 (2) The petition may be accompanied by a certificate or 1086 report of a qualified professional or a licensed physician who 1087 has examined the respondent within 30 days before the petition’s 1088 submission. This certificate or report must include the 1089 qualified professional or physician’s findings relating to his 1090 or her assessment of the patient and his or her treatment 1091 recommendations. If the respondent was not assessed before the 1092 filing of a treatment petition or refused to submit to an 1093 evaluation, the lack of assessment or refusal must be noted in 1094 the petition. 1095 (3) If there is an emergency, the petition must also 1096 describe the respondent’s exigent circumstances and include a 1097 request for an ex parte assessment and stabilization order that 1098 must be executed pursuant to s. 397.6955(4). 1099 Section 33. Section 397.6955, Florida Statutes, is amended 1100 to read: 1101 397.6955 Duties of court upon filing of petition for 1102 involuntary treatment services.— 1103 (1) Upon the filing of a petition for involuntary treatment 1104 services for a substance abuse impaired person with the clerk of 1105 the court that does not indicate the petitioner has retained 1106 private counsel, the clerk must notify the state attorney’s 1107 office. In addition, the court shall immediately determine 1108 whether the respondent is represented by an attorney or whether 1109 the appointment of counsel for the respondent is appropriate. 1110 If, based on the contents of the petition, the court appoints 1111 counsel for the person, the clerk of the court shall immediately 1112 notify the office of criminal conflict and civil regional 1113 counsel, created pursuant to s. 27.511, of the appointment. The 1114 office of criminal conflict and civil regional counsel shall 1115 represent the person until the petition is dismissed, the court 1116 order expires, or the person is discharged from involuntary 1117 treatment services. An attorney that represents the person named 1118 in the petition shall have access to the person, witnesses, and 1119 records relevant to the presentation of the person’s case and 1120 shall represent the interests of the person, regardless of the 1121 source of payment to the attorney. 1122 (2) The court shall schedule a hearing to be held on the 1123 petition within 10 court working5days unless a continuance is 1124 granted. The court may appoint a magistrate to preside at the 1125 hearing. 1126 (3) A copy of the petition and notice of the hearing must 1127 be provided to the respondent; the respondent’s parent, 1128 guardian, or legal custodian, in the case of a minor; the 1129 respondent’s attorney, if known; the petitioner; the 1130 respondent’s spouse or guardian, if applicable; and such other 1131 persons as the court may direct. If the respondent is a minor, a 1132 copy of the petition and notice of the hearing must be 1133 personally delivered to the respondent. The court shall also 1134 issue a summons to the person whose admission is sought. 1135 (4)(a) When the petitioner asserts that emergency 1136 circumstances exist, or when upon review of the petition the 1137 court determines that an emergency exists, the court may rely 1138 solely on the contents of the petition and, without the 1139 appointment of an attorney, enter an ex parte order for the 1140 respondent’s involuntary assessment and stabilization which must 1141 be executed during the period that the hearing on the petition 1142 for treatment is pending. The court may further order a law 1143 enforcement officer or other designated agent of the court to: 1144 1. Take the respondent into custody and deliver him or her 1145 to the nearest appropriate licensed service provider to be 1146 evaluated; and 1147 2. Serve the respondent with the notice of hearing and a 1148 copy of the petition. 1149 (b) The service provider must promptly inform the court and 1150 parties of the respondent’s arrival and may not hold the 1151 respondent for longer than 72 hours of observation thereafter, 1152 unless: 1153 1. The service provider seeks additional time under s. 1154 397.6957(1)(c) and the court, after a hearing, grants that 1155 motion; 1156 2. The respondent shows signs of withdrawal, or a need to 1157 be either detoxified or treated for a medical condition, which 1158 shall extend the amount of time the respondent may be held for 1159 observation until the issue is resolved; or 1160 3. The original or extended observation period ends on a 1161 weekend or holiday, in which case the provider may hold the 1162 respondent until the next court working day. 1163 (c) If the ex parte order was not executed by the initial 1164 hearing date, it shall be deemed void. However, should the 1165 respondent not appear at the hearing for any reason, including 1166 lack of service, and upon reviewing the petition, testimony, and 1167 evidence presented, the court reasonably believes the respondent 1168 meets this chapter’s commitment criteria and that a substance 1169 abuse emergency exists, the court may issue or reissue an ex 1170 parte assessment and stabilization order that is valid for 90 1171 days. If the respondent’s location is known at the time of the 1172 hearing, the court: 1173 1. Shall continue the case for no more than 10 court 1174 working days; and 1175 2. May order a law enforcement officer or other designated 1176 agent of the court to: 1177 a. Take the respondent into custody and deliver him or her 1178 to the nearest appropriate licensed service provider to be 1179 evaluated; and 1180 b. If a hearing date is set, serve the respondent with 1181 notice of the rescheduled hearing and a copy of the involuntary 1182 treatment petition if the respondent has not already been 1183 served. 1184 1185 Otherwise, the petitioner and the service provider must promptly 1186 inform the court that the respondent has been assessed so that 1187 the court may schedule a hearing. The service provider must 1188 serve the respondent, before his or her discharge, with the 1189 notice of hearing and a copy of the petition. However, if the 1190 respondent has not been assessed after 90 days, the court must 1191 dismiss the case. 1192 Section 34. Section 397.6957, Florida Statutes, is amended 1193 to read: 1194 397.6957 Hearing on petition for involuntary treatment 1195 services.— 1196 (1)(a) The respondent must be present at a hearing on a 1197 petition for involuntary treatment services unless he or she 1198 knowingly, intelligently, and voluntarily waives his or her 1199 right to be present or, upon receiving proof of service and 1200 evaluating the circumstances of the case, the court finds that 1201 his or her presence is inconsistent with his or her best 1202 interests or is likely to be injurious to himself or herself or 1203 others.,The court shall hear and review all relevant evidence, 1204 including testimony from individuals such as family members 1205 familiar with the respondent’s prior history and how it relates 1206 to his or her current condition, and thereview ofresults of 1207 the assessment completed by the qualified professional in 1208 connection with this chapter. The court may also order drug 1209 tests. Absent a showing of good cause, such as specific symptoms 1210 of the respondent’s condition, the court may permit all 1211 witnesses, such as any medical professionals or personnel who 1212 are or have been involved with the respondent’s treatment, to 1213 remotely attend and testify at the hearing under oath via the 1214 most appropriate and convenient technological method of 1215 communication available to the court, including, but not limited 1216 to, teleconference. Any witness intending to remotely attend and 1217 testify at the hearing must provide the parties with all 1218 relevant documents in advance of the hearingthe respondent’s1219protective custody, emergency admission, involuntary assessment,1220or alternative involuntary admission. The respondent must be1221present unless the court finds that his or her presence is1222likely to be injurious to himself or herself or others, in which1223event the court must appoint a guardian advocate to act in1224behalf of the respondent throughout the proceedings. 1225 (b) A respondent cannot be involuntarily ordered into 1226 treatment under this chapter without a clinical assessment being 1227 performed unless he or she is present in court and expressly 1228 waives the assessment. In nonemergency situations, if the 1229 respondent was not, or had previously refused to be, assessed by 1230 a qualified professional and, based on the petition, testimony, 1231 and evidence presented, it reasonably appears that the 1232 respondent qualifies for involuntary treatment services, the 1233 court shall issue an involuntary assessment and stabilization 1234 order to determine the appropriate level of treatment the 1235 respondent requires. Additionally, in cases where an assessment 1236 was attached to the petition, the respondent may request, or the 1237 court on its own motion may order, an independent assessment by 1238 a court-appointed physician or an otherwise agreed-upon 1239 physician. If an assessment order is issued, it is valid for 90 1240 days, and if the respondent is present or there is either proof 1241 of service or his or her location is known, the involuntary 1242 treatment hearing shall be continued for no more than 10 court 1243 working days. Otherwise, the petitioner and the service provider 1244 must promptly inform the court that the respondent has been 1245 assessed so that the court may schedule a hearing. The service 1246 provider shall then serve the respondent, before his or her 1247 discharge, with the notice of hearing and a copy of the 1248 petition. The assessment must occur before the new hearing date, 1249 and if there is evidence indicating that the respondent will not 1250 voluntarily appear at the forthcoming hearing, or is a danger to 1251 self or others, the court may enter a preliminary order 1252 committing the respondent to an appropriate treatment facility 1253 for further evaluation until the date of the rescheduled 1254 hearing. However, if after 90 days the respondent remains 1255 unassessed, the court shall dismiss the case. 1256 (c)1. The respondent’s assessment by a qualified 1257 professional must occur within 72 hours after his or her arrival 1258 at a licensed service provider unless he or she shows signs of 1259 withdrawal or a need to be either detoxified or treated for a 1260 medical condition, which shall extend the amount of time the 1261 respondent may be held for observation until that issue is 1262 resolved. If the person conducting the assessment is not a 1263 licensed physician, the assessment must be reviewed by a 1264 licensed physician within the 72-hour period. If the respondent 1265 is a minor, such assessment must be initiated within the first 1266 12 hours after the minor’s admission to the facility. The 1267 service provider may also move to extend the 72 hours of 1268 observation by petitioning the court in writing for additional 1269 time. The service provider must furnish copies of such motion to 1270 all parties in accordance with applicable confidentiality 1271 requirements and, after a hearing, the court may grant 1272 additional time or expedite the respondent’s involuntary 1273 treatment hearing. The involuntary treatment hearing, however, 1274 may only be expedited by agreement of the parties on the hearing 1275 date, or if there is notice and proof of service as provided in 1276 s. 397.6955 (1) and (3). If the court grants the service 1277 provider’s petition, the service provider may hold the 1278 respondent until its extended assessment period expires or until 1279 the expedited hearing date. However, if the original or extended 1280 observation period ends on a weekend or holiday, the provider 1281 may hold the respondent until the next court working day. 1282 2. Upon the completion of his or her report, the qualified 1283 professional, in accordance with applicable confidentiality 1284 requirements, shall provide copies to the court and all relevant 1285 parties and counsel. This report must contain a recommendation 1286 on the level, if any, of substance abuse and, if applicable, co 1287 occurring mental health treatment the respondent requires. The 1288 qualified professional’s failure to include a treatment 1289 recommendation, much like a recommendation of no treatment, 1290 shall result in the petition’s dismissal. 1291 (d) The court may order a law enforcement officer or other 1292 designated agent of the court to take the respondent into 1293 custody and transport him or her to or from the treating or 1294 assessing service provider and the court for his or her hearing. 1295 (2) The petitioner has the burden of proving by clear and 1296 convincing evidence that: 1297 (a) The respondent is substance abuse impaired, has lost 1298 the power of self-control with respect to substance abuse, or 1299andhas a history of lack of compliance with treatment for 1300 substance abuse with continued substance use;and1301 (b) Because of such impairment, the respondent is unlikely 1302 to voluntarily participate in the recommended services after 1303 sufficient and conscientious explanation and disclosure of their 1304 purpose, or is unable to determine for himself or herself 1305 whether services are necessary and make a rational decision in 1306 that regard; and:1307 (c)1. Without services, the respondent is likely to suffer 1308 from neglect or refuse to care for himself or herself; that such 1309 neglect or refusal poses a real and present threat of 1310 substantial harm to his or her well-being; and that it is not 1311 apparent that such harm may be avoided through the help of 1312 willing, able, and responsible family members or friends or the 1313 provision of other services; or 1314 2. There is a substantial likelihood that in the near 1315 future and without services, the respondent will inflict serious 1316 harm to self or others, as evidenced by acts, omissions, or 1317 behavior causing, attempting, or threatening such harm, which 1318 includes, but is not limited to, significant property damage 1319cause serious bodily harm to himself, herself, or another in the1320near future, as evidenced by recent behavior; or13212.The respondent’s refusal to voluntarily receive care is1322based on judgment so impaired by reason of substance abuse that1323the respondent is incapable of appreciating his or her need for1324care and of making a rational decision regarding that need for1325care. 1326 (3)One of the qualified professionals who executed the1327involuntary services certificate must be a witness. The court1328shall allow testimony from individuals, including family1329members, deemed by the court to be relevant under state law,1330regarding the respondent’s prior history and how that prior1331history relates to the person’s current condition. TheTestimony 1332 in the hearing must be taken under oath, and the proceedings 1333 must be recorded. The respondentpatientmay refuse to testify 1334 at the hearing. 1335 (4) If at any point during the hearing the court has reason 1336 to believe that the respondent, due to mental illness other than 1337 or in addition to substance abuse impairment, is likely to 1338 injure himself or herself or another if allowed to remain at 1339 liberty, or otherwise meets the involuntary commitment 1340 provisions of part I of chapter 394, the court may initiate 1341 involuntary proceedings under such provisions. 1342 (5)(4)At the conclusion of the hearing, the court shall 1343 either dismiss the petition or order the respondent to receive 1344 involuntary treatment services from his or her chosen licensed 1345 service provider if possible and appropriate. Any treatment 1346 order must include findings regarding the respondent’s need for 1347 treatment and the appropriateness of other lesser restrictive 1348 alternatives. 1349 Section 35. Section 397.697, Florida Statutes, is amended 1350 to read: 1351 397.697 Court determination; effect of court order for 1352 involuntary treatment services.— 1353 (1)(a) When the court finds that the conditions for 1354 involuntary treatment services have been proved by clear and 1355 convincing evidence, it may order the respondent to receive 1356 involuntary treatment services from a publicly funded licensed 1357 service provider for a period not to exceed 90 days. The court 1358 may also order a respondent to undergo treatment through a 1359 privately funded licensed service provider if the respondent has 1360 the ability to pay for the treatment, or if any person on the 1361 respondent’s behalf voluntarily demonstrates a willingness and 1362 an ability to pay for the treatment. If the court finds it 1363 necessary, it may direct the sheriff to take the respondent into 1364 custody and deliver him or her to the licensed service provider 1365 specified in the court order, or to the nearest appropriate 1366 licensed service provider, for involuntary treatment services. 1367 When the conditions justifying involuntary treatment services no 1368 longer exist, the individual must be released as provided in s. 1369 397.6971. When the conditions justifying involuntary treatment 1370 services are expected to exist after 90 days of treatment 1371 services, a renewal of the involuntary treatment services order 1372 may be requested pursuant to s. 397.6975 before the end of the 1373 90-day period. 1374 (b) To qualify for involuntary outpatient treatment, an 1375 individual must be supported by a social worker or case manager 1376 of a licensed service provider or a willing, able, and 1377 responsible individual appointed by the court who shall inform 1378 the court and parties if the respondent fails to comply with his 1379 or her outpatient program. In addition, unless the respondent 1380 has been involuntarily ordered into inpatient treatment under 1381 this chapter at least twice during the last 36 months, or 1382 demonstrates the ability to substantially comply with the 1383 outpatient treatment while waiting for residential placement to 1384 become available, he or she must receive an assessment from a 1385 qualified professional or licensed physician expressly 1386 recommending outpatient services, such services must be 1387 available in the county in which the respondent is located, and 1388 it must appear likely that the respondent will follow a 1389 prescribed outpatient care plan. 1390 (2) In all cases resulting in an order for involuntary 1391 treatment services, the court shall retain jurisdiction over the 1392 case and the parties for the entry of such further orders as the 1393 circumstances may require, including, but not limited to, 1394 monitoring compliance with treatment, changing the treatment 1395 modality, or initiating contempt of court proceedings for 1396 violating any valid order issued pursuant to this chapter. 1397 Hearings under this section may be set by motion of the parties 1398 or under the court’s own authority, and the motion and notice of 1399 hearing for these ancillary proceedings, which include, but are 1400 not limited to, civil contempt, must be served in accordance 1401 with relevant court procedural rules. The court’s requirements 1402 for notification of proposed release must be included in the 1403 original order. 1404 (3) An involuntary treatment services order also authorizes 1405 the licensed service provider to require the individual to 1406 receive treatment services that will benefit him or her, 1407 including treatment services at any licensable service component 1408 of a licensed service provider. While subject to the court’s 1409 oversight, the service provider’s authority under this section 1410 is separate and distinct from the court’s broad continuing 1411 jurisdiction under subsection (2). Such oversight includes, but 1412 is not limited to, submitting reports regarding the respondent’s 1413 progress or compliance with treatment as required by the court. 1414 (4) If the court orders involuntary treatment services, a 1415 copy of the order must be sent to the managing entity within 1 1416 working day after it is received from the court. Documents may 1417 be submitted electronically throughthoughexisting data 1418 systems, if applicable. 1419 Section 36. Section 397.6971, Florida Statutes, is amended 1420 to read: 1421 397.6971 Early release from involuntary treatment 1422 services.— 1423 (1) At any time before the end of the 90-day involuntary 1424 treatment services period, or before the end of any extension 1425 granted pursuant to s. 397.6975, an individual receiving 1426 involuntary treatment services may be determined eligible for 1427 discharge to the most appropriate referral or disposition for 1428 the individual when any of the following apply: 1429 (a) The individual no longer meets the criteria for 1430 involuntary admission and has given his or her informed consent 1431 to be transferred to voluntary treatment status. 1432 (b) If the individual was admitted on the grounds of 1433 likelihood of infliction ofphysicalharm upon himself or 1434 herself or others, such likelihood no longer exists. 1435 (c) If the individual was admitted on the grounds of need 1436 for assessment and stabilization or treatment, accompanied by 1437 inability to make a determination respecting such need: 1438 1. Such inability no longer exists; or 1439 2. It is evident that further treatment will not bring 1440 about further significant improvements in the individual’s 1441 condition. 1442 (d) The individualisno longer needs treatmentin need of1443 services. 1444 (e) The director of the service provider determines that 1445 the individual is beyond the safe management capabilities of the 1446 provider. 1447 (2) Whenever a qualified professional determines that an 1448 individual admitted for involuntary treatment services qualifies 1449 for early release under subsection (1), the service provider 1450 shall immediately discharge the individual and must notify all 1451 persons specified by the court in the original treatment order. 1452 Section 37. Section 397.6975, Florida Statutes, is amended 1453 to read: 1454 397.6975 Extension of involuntary treatment services 1455 period.— 1456 (1) Whenever a service provider believes that an individual 1457 who is nearing the scheduled date of his or her release from 1458 involuntary care services continues to meet the criteria for 1459 involuntary treatment services in s. 397.693 or s. 397.6957, a 1460 petition for renewal of the involuntary treatment services order 1461 mustmaybe filed with the courtat least 10 daysbefore the 1462 expiration of the court-ordered services period. The petition 1463 may be filed by the service provider or by the person who filed 1464 the petition for the initial treatment order if the petition is 1465 accompanied by supporting documentation from the service 1466 provider. The court shallimmediatelyschedule a hearing within 1467 10 court workingto be held not more than 15days after filing 1468 of the petition and. The court shallprovide the copy of the 1469 petition for renewal and the notice of the hearing to all 1470 parties and counsel to the proceeding. The hearing is conducted 1471 pursuant to ss. 397.697 and 397.6957 and must be before the 1472 circuit court unless referred to a magistrates. 397.6957. 1473 (2) If the court finds that the petition for renewal ofthe1474 involuntary treatment servicesordershould be granted, it may 1475 order the respondent to receive involuntary treatment services 1476 for a period not to exceed an additional 90 days. When the 1477 conditions justifying involuntary treatment services no longer 1478 exist, the individual must be released as provided in s. 1479 397.6971. When the conditions justifying involuntary treatment 1480 services continue to exist after an additional 90 days of 1481 treatment service, a new petition requesting renewal of the 1482 involuntary treatment services order may be filed pursuant to 1483 this section. 1484(3)Within 1 court working day after the filing of a1485petition for continued involuntary services, the court shall1486appoint the office of criminal conflict and civil regional1487counsel to represent the respondent, unless the respondent is1488otherwise represented by counsel. The clerk of the court shall1489immediately notify the office of criminal conflict and civil1490regional counsel of such appointment. The office of criminal1491conflict and civil regional counsel shall represent the1492respondent until the petition is dismissed or the court order1493expires or the respondent is discharged from involuntary1494services. Any attorney representing the respondent shall have1495access to the respondent, witnesses, and records relevant to the1496presentation of the respondent’s case and shall represent the1497interests of the respondent, regardless of the source of payment1498to the attorney.1499(4)Hearings on petitions for continued involuntary1500services shall be before the circuit court. The court may1501appoint a magistrate to preside at the hearing. The procedures1502for obtaining an order pursuant to this section shall be in1503accordance with s. 397.697.1504(5)Notice of hearing shall be provided to the respondent1505or his or her counsel. The respondent and the respondent’s1506counsel may agree to a period of continued involuntary services1507without a court hearing.1508(6)The same procedure shall be repeated before the1509expiration of each additional period of involuntary services.1510(7)If the respondent has previously been found incompetent1511to consent to treatment, the court shall consider testimony and1512evidence regarding the respondent’s competence.1513 Section 38. Section 397.6977, Florida Statutes, is amended 1514 to read: 1515 397.6977 Disposition of individual upon completion of 1516 involuntary treatment services.—At the conclusion of the 90-day 1517 period of court-ordered involuntary treatment services, the 1518 respondent is automatically discharged unless a motion for 1519 renewal of the involuntary treatment services order has been 1520 filed with the court pursuant to s. 397.6975. 1521 Section 39. Section 397.6978, Florida Statutes, is 1522 repealed. 1523 1524 ================= T I T L E A M E N D M E N T ================ 1525 And the title is amended as follows: 1526 Delete lines 2 - 192 1527 and insert: 1528 An act relating to mental health and substance abuse; 1529 amending s. 394.455, F.S.; conforming a cross 1530 reference; revising the definition of the term “mental 1531 illness”; defining the terms “neglect or refuse to 1532 care for himself or herself” and “real and present 1533 threat of substantial harm”; amending s. 394.459, 1534 F.S.; requiring that respondents with a serious mental 1535 illness be informed of the essential elements of 1536 recovery and be provided assistance with accessing a 1537 continuum of care regimen; authorizing the Department 1538 of Children and Families to adopt certain rules; 1539 amending s. 394.4598, F.S.; conforming a cross 1540 reference; amending s. 394.4599, F.S.; conforming 1541 provisions to changes made by the act; amending s. 1542 394.461, F.S.; authorizing the state to establish that 1543 a transfer evaluation was performed by providing the 1544 court with a copy of the evaluation before the close 1545 of the state’s case in chief; prohibiting the court 1546 from considering substantive information in the 1547 transfer evaluation unless the evaluator testifies at 1548 the hearing; amending s. 394.4615, F.S.; conforming 1549 provisions to changes made by the act; amending s. 1550 394.462, F.S.; conforming cross-references; amending 1551 s. 394.4625, F.S.; providing requirements relating to 1552 the voluntariness of admissions to a facility for 1553 examination and treatment; providing requirements for 1554 verifying the assent of a minor admitted to a 1555 facility; requiring the appointment of a public 1556 defender to review the voluntariness of a minor’s 1557 admission to a facility; requiring the filing of a 1558 petition for involuntary placement or release of a 1559 minor to his or her parent or legal guardian under 1560 certain circumstances; conforming provisions to 1561 changes made by the act; amending s. 394.463, F.S.; 1562 revising the requirements for when a person may be 1563 taken to a receiving facility for involuntary 1564 examination; requiring a facility to inform the 1565 department of certain persons who have been examined 1566 or committed under certain circumstances; conforming 1567 provisions to changes made by the act; providing 1568 criminal and civil penalties; amending s. 394.4655, 1569 F.S.; revising the requirements for involuntary 1570 outpatient treatment; amending s. 394.467, F.S.; 1571 revising the requirements for when a person may be 1572 ordered for involuntary inpatient placement; revising 1573 requirements for continuances of hearings; revising 1574 the conditions under which a court may waive the 1575 requirement for a patient to be present at an 1576 involuntary inpatient placement hearing; authorizing 1577 the court to permit all witnesses to remotely attend 1578 and testify at the hearing through certain means; 1579 authorizing the state attorney to access certain 1580 persons and records for certain purposes; specifying 1581 such records remain confidential; revising when the 1582 court may appoint a magistrate; revising the amount of 1583 time a court may require a patient to receive 1584 services; providing an exception to the prohibition on 1585 a court ordering certain individuals to be 1586 involuntarily placed in a state treatment facility; 1587 conforming a cross-reference; amending ss. 394.495 and 1588 394.496, F.S.; conforming cross-references; amending 1589 s. 394.499, F.S.; making technical and conforming 1590 changes; amending s. 394.9085, F.S.; conforming cross 1591 references; amending s. 397.305, F.S.; revising the 1592 purposes of ch. 397, F.S.; amending s. 397.311, F.S.; 1593 revising the definition of the terms “impaired” and 1594 “substance abuse impaired”; defining the terms 1595 “involuntary treatment services,” “neglect or refuse 1596 to care for himself or herself,” and “real and present 1597 threat of substantial harm”; amending s. 397.416, 1598 F.S.; conforming a cross-reference; amending s. 1599 397.501, F.S.; requiring that respondents with serious 1600 substance abuse addictions be informed of the 1601 essential elements of recovery and provided assistance 1602 with accessing a continuum of care regimen; 1603 authorizing the department to adopt certain rules; 1604 amending s. 397.675, F.S.; revising the criteria for 1605 involuntary admissions; amending s. 397.6751, F.S.; 1606 revising the responsibilities of a service provider; 1607 amending s. 397.681, F.S.; requiring that the state 1608 attorney represent the state as the real party of 1609 interest in an involuntary proceeding, subject to 1610 legislative appropriation; authorizing the state 1611 attorney to access certain persons and records; 1612 conforming provisions to changes made by the act; 1613 repealing s. 397.6811, F.S., relating to involuntary 1614 assessment and stabilization; repealing s. 397.6814, 1615 F.S., relating to petitions for involuntary assessment 1616 and stabilization; repealing s. 397.6815, F.S., 1617 relating to involuntary assessment and stabilization 1618 procedures; repealing s. 397.6818, F.S., relating to 1619 court determinations for petitions for involuntary 1620 assessment and stabilization; repealing s. 397.6819, 1621 F.S., relating to the responsibilities of licensed 1622 service providers with regard to involuntary 1623 assessment and stabilization; repealing s. 397.6821, 1624 F.S., relating to extensions of time for completion of 1625 involuntary assessment and stabilization; repealing s. 1626 397.6822, F.S., relating to the disposition of 1627 individuals after involuntary assessments; amending s. 1628 397.693, F.S.; revising the circumstances under which 1629 a person is eligible for court-ordered involuntary 1630 treatment; amending s. 397.695, F.S.; authorizing the 1631 court or clerk of the court to waive or prohibit any 1632 service of process fees for an indigent petitioner; 1633 amending s. 397.6951, F.S.; revising the requirements 1634 for the contents of a petition for involuntary 1635 treatment services; providing that a petitioner may 1636 include a certificate or report of a qualified 1637 professional with the petition; requiring the 1638 certificate or report to contain certain information; 1639 requiring that certain additional information must be 1640 included if an emergency exists; amending s. 397.6955, 1641 F.S.; requiring the clerk of the court to notify the 1642 state attorney’s office upon the receipt of a petition 1643 filed for involuntary treatment services; revising 1644 when a hearing must be held on the petition; providing 1645 requirements for when a petitioner asserts that 1646 emergency circumstances exist or the court determines 1647 that an emergency exists; amending s. 397.6957, F.S.; 1648 expanding the exemption from the requirement that a 1649 respondent be present at a hearing on a petition for 1650 involuntary treatment services; authorizing the court 1651 to order drug tests and permit all witnesses to 1652 remotely attend and testify at the hearing through 1653 certain means; deleting a provision requiring the 1654 court to appoint a guardian advocate under certain 1655 circumstances; prohibiting a respondent from being 1656 involuntarily ordered into treatment unless certain 1657 requirements are met; providing requirements relating 1658 to involuntary assessment and stabilization orders; 1659 providing requirements relating to involuntary 1660 treatment hearings; requiring that the assessment of a 1661 respondent occur before a specified time unless 1662 certain requirements are met; requiring the service 1663 provider to discharge the respondent after a specified 1664 time unless certain requirements are met; requiring a 1665 qualified professional to provide copies of his or her 1666 report to the court and all relevant parties and 1667 counsel; providing requirements for the report; 1668 authorizing certain entities to take specified actions 1669 based upon the involuntary assessment; authorizing a 1670 court to order certain persons to take a respondent 1671 into custody and transport him or her to or from 1672 certain service providers and the court; revising the 1673 petitioner’s burden of proof in the hearing; 1674 authorizing the court to initiate involuntary 1675 proceedings under certain circumstances; requiring 1676 that, if a treatment order is issued, it must include 1677 certain findings; amending s. 397.697, F.S.; requiring 1678 that an individual meet certain requirements to 1679 qualify for involuntary outpatient treatment; 1680 specifying that certain hearings may be set by the 1681 motion of a party or under the court’s own authority; 1682 specifying that a service provider’s authority is 1683 separate and distinct from the court’s jurisdiction; 1684 amending s. 397.6971, F.S.; conforming provisions to 1685 changes made by the act; amending s. 397.6975, F.S.; 1686 authorizing certain entities to file a petition for 1687 renewal of involuntary treatment; revising the 1688 timeframe during which the court is required to 1689 schedule a hearing; conforming provisions to changes 1690 made by the act; amending s. 397.6977, F.S.; 1691 conforming provisions to changes made by the act; 1692 repealing s. 397.6978, F.S., relating to the 1693 appointment of guardian advocates; amending ss. 1694 409.972, 464.012,