Bill Text: FL S0270 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Involuntary Examination and Involuntary Admission of Minors

Spectrum: Bipartisan Bill

Status: (Failed) 2018-03-10 - Died in Rules [S0270 Detail]

Download: Florida-2018-S0270-Introduced.html

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       Florida Senate - 2018                                     SB 270
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00357-18                                            2018270__
    1                        A bill to be entitled                      
    2         An act relating to involuntary examination and
    3         involuntary admission of minors; amending s. 394.462,
    4         F.S.; authorizing a designated law enforcement agency
    5         to decline to transport a minor 14 years of age or
    6         younger to a receiving facility for mental health or
    7         substance abuse evaluation if the parent or guardian
    8         of the minor agrees to transport the minor to the
    9         receiving facility; amending s. 394.463, F.S.;
   10         providing circumstances under which a minor 14 years
   11         of age or younger may be taken to a receiving facility
   12         for involuntary examination; requiring the examination
   13         of a minor 14 years of age or younger to be initiated
   14         within 8 hours after the patient’s arrival at the
   15         receiving facility; requiring a receiving facility to
   16         release a minor 14 years of age or younger to the
   17         minor’s parent or guardian; providing exceptions;
   18         amending ss. 394.4599 and 790.065, F.S.; conforming
   19         cross-references; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (b) of subsection (1) of section
   24  394.462, Florida Statutes, is amended to read:
   25         394.462 Transportation.—A transportation plan shall be
   26  developed and implemented by each county by July 1, 2017, in
   27  collaboration with the managing entity in accordance with this
   28  section. A county may enter into a memorandum of understanding
   29  with the governing boards of nearby counties to establish a
   30  shared transportation plan. When multiple counties enter into a
   31  memorandum of understanding for this purpose, the counties shall
   32  notify the managing entity and provide it with a copy of the
   33  agreement. The transportation plan shall describe methods of
   34  transport to a facility within the designated receiving system
   35  for individuals subject to involuntary examination under s.
   36  394.463 or involuntary admission under s. 397.6772, s. 397.679,
   37  s. 397.6798, or s. 397.6811, and may identify responsibility for
   38  other transportation to a participating facility when necessary
   39  and agreed to by the facility. The plan may rely on emergency
   40  medical transport services or private transport companies, as
   41  appropriate. The plan shall comply with the transportation
   42  provisions of this section and ss. 397.6772, 397.6795, 397.6822,
   43  and 397.697.
   44         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
   45         (b)1. The designated law enforcement agency may decline to
   46  transport the person to a receiving facility only if:
   47         a. The jurisdiction designated by the county has contracted
   48  on an annual basis with an emergency medical transport service
   49  or private transport company for transportation of persons to
   50  receiving facilities pursuant to this section at the sole cost
   51  of the county; and
   52         b. The law enforcement agency and the emergency medical
   53  transport service or private transport company agree that the
   54  continued presence of law enforcement personnel is not necessary
   55  for the safety of the person or others; and.
   56         c. With respect to a minor 14 years of age or younger, the
   57  parent or guardian of the minor agrees to transport the minor to
   58  the receiving facility.
   59         2. The entity providing transportation may seek
   60  reimbursement for transportation expenses. The party responsible
   61  for payment for such transportation is the person receiving the
   62  transportation. The county shall seek reimbursement from the
   63  following sources in the following order:
   64         a. From a private or public third-party payor, if the
   65  person receiving the transportation has applicable coverage.
   66         b. From the person receiving the transportation.
   67         c. From a financial settlement for medical care, treatment,
   68  hospitalization, or transportation payable or accruing to the
   69  injured party.
   70         Section 2. Subsection (1) and paragraph (g) of subsection
   71  (2) of section 394.463, Florida Statutes, are amended to read:
   72         394.463 Involuntary examination.—
   73         (1) CRITERIA.—
   74         (a) A person older than 14 years of age may be taken to a
   75  receiving facility for involuntary examination if there is
   76  reason to believe that the person has a mental illness and
   77  because of his or her mental illness:
   78         (a)1.a. The person has refused voluntary examination after
   79  conscientious explanation and disclosure of the purpose of the
   80  examination; or
   81         b.2. The person is unable to determine for himself or
   82  herself whether examination is necessary; and
   83         2.a.(b)1. Without care or treatment, the person is likely
   84  to suffer from neglect or refuse to care for himself or herself;
   85  such neglect or refusal poses a real and present threat of
   86  substantial harm to his or her well-being; and it is not
   87  apparent that such harm may be avoided through the help of
   88  willing family members or friends or the provision of other
   89  services; or
   90         b.2. There is a substantial likelihood that, without care
   91  or treatment, the person will cause serious bodily harm to
   92  himself or herself or others in the near future, as evidenced by
   93  recent behavior.
   94         (b)1. A minor 14 years of age or younger may be taken to a
   95  receiving facility for involuntary examination with the consent
   96  of the parent or guardian of the minor if there is reason to
   97  believe that the minor has a mental illness and because of his
   98  or her mental illness:
   99         a. Without care or treatment, the minor is likely to suffer
  100  from neglect or refuse to care for himself or herself; such
  101  neglect or refusal poses a real and present threat of
  102  substantial harm to his or her well-being; and it is not
  103  apparent that such harm may be avoided through the help of
  104  willing family members or friends or the provision of other
  105  services; or
  106         b. There is a substantial likelihood that, without care or
  107  treatment, the minor will cause serious bodily harm to himself
  108  or herself or others in the near future, as evidenced by recent
  109  behavior.
  110         2. The consent of a parent or guardian of the minor is not
  111  required if the person who initiates the examination details in
  112  writing that at least one of the following events has occurred:
  113         a. Reasonable attempts have been made to contact the
  114  parents or guardians of the minor, and the parents or guardians
  115  could not be contacted or could not take custody of the minor
  116  within a reasonable amount of time.
  117         b. The minor was considered for an involuntary examination
  118  because he or she caused or attempted to cause serious bodily
  119  harm to himself or herself or others or possessed an item such
  120  as a weapon, a knife, a razor, a pill, or poison for the purpose
  121  of conducting such harm.
  122         c. The minor is in the custody of the department.
  123         d. The person who initiated the involuntary examination or
  124  the person who reported the minor’s suspected mental illness to
  125  the person authorized to initiate an involuntary examination
  126  made a report to the central abuse hotline, pursuant to s.
  127  39.201, based upon knowledge or suspicion of abuse, abandonment,
  128  or neglect.
  129         (2) INVOLUNTARY EXAMINATION.—
  130         (g)1. The examination period must be for up to 72 hours.
  131  For a minor older than 14 years of age, the examination shall be
  132  initiated within 12 hours after the patient’s arrival at the
  133  facility. For a minor 14 years of age or younger, the
  134  examination shall be initiated within 8 hours after the
  135  patient’s arrival at the facility. Within the examination period
  136  or, if the examination period ends on a weekend or holiday, no
  137  later than the next working day thereafter, one of the following
  138  actions must be taken, based on the individual needs of the
  139  patient:
  140         a.1. The patient shall be released, unless he or she is
  141  charged with a crime, in which case the patient shall be
  142  returned to the custody of a law enforcement officer;
  143         b.2. The patient shall be released, subject to subparagraph
  144  1., for voluntary outpatient treatment;
  145         c.3. The patient, unless he or she is charged with a crime,
  146  shall be asked to give express and informed consent to placement
  147  as a voluntary patient and, if such consent is given, the
  148  patient shall be admitted as a voluntary patient; or
  149         d.4. A petition for involuntary services shall be filed in
  150  the circuit court if inpatient treatment is deemed necessary or
  151  with the criminal county court, as defined in s. 394.4655(1), as
  152  applicable. When inpatient treatment is deemed necessary, the
  153  least restrictive treatment consistent with the optimum
  154  improvement of the patient’s condition shall be made available.
  155  When a petition is to be filed for involuntary outpatient
  156  placement, it shall be filed by one of the petitioners specified
  157  in s. 394.4655(4)(a). A petition for involuntary inpatient
  158  placement shall be filed by the facility administrator.
  159         2. A receiving facility must release a minor 14 years of
  160  age or younger without delay to the minor’s parent or guardian
  161  upon request unless consent was not necessary to conduct the
  162  examination under subparagraph (1)(b)2., the facility made a
  163  report with the central abuse hotline, pursuant to s. 39.201,
  164  based upon knowledge or suspicion of abuse, abandonment, or
  165  neglect, or the facility filed a petition for involuntary
  166  services.
  167         Section 3. Paragraph (c) of subsection (2) of section
  168  394.4599, Florida Statutes, is amended to read:
  169         394.4599 Notice.—
  170         (2) INVOLUNTARY ADMISSION.—
  171         (c)1. A receiving facility shall give notice of the
  172  whereabouts of a minor who is being involuntarily held for
  173  examination pursuant to s. 394.463 to the minor’s parent,
  174  guardian, caregiver, or guardian advocate, in person or by
  175  telephone or other form of electronic communication, immediately
  176  after the minor’s arrival at the facility. The facility may
  177  delay notification for no more than 24 hours after the minor’s
  178  arrival if the facility has submitted a report to the central
  179  abuse hotline, pursuant to s. 39.201, based upon knowledge or
  180  suspicion of abuse, abandonment, or neglect and if the facility
  181  deems a delay in notification to be in the minor’s best
  182  interest.
  183         2. The receiving facility shall attempt to notify the
  184  minor’s parent, guardian, caregiver, or guardian advocate until
  185  the receiving facility receives confirmation from the parent,
  186  guardian, caregiver, or guardian advocate, verbally, by
  187  telephone or other form of electronic communication, or by
  188  recorded message, that notification has been received. Attempts
  189  to notify the parent, guardian, caregiver, or guardian advocate
  190  must be repeated at least once every hour during the first 12
  191  hours after the minor’s arrival and once every 24 hours
  192  thereafter and must continue until such confirmation is
  193  received, unless the minor is released at the end of the 72-hour
  194  examination period, or until a petition for involuntary services
  195  is filed with the court pursuant to s. 394.463(2)(g)1.d. s.
  196  394.463(2)(g). The receiving facility may seek assistance from a
  197  law enforcement agency to notify the minor’s parent, guardian,
  198  caregiver, or guardian advocate if the facility has not received
  199  within the first 24 hours after the minor’s arrival a
  200  confirmation by the parent, guardian, caregiver, or guardian
  201  advocate that notification has been received. The receiving
  202  facility must document notification attempts in the minor’s
  203  clinical record.
  204         Section 4. Paragraph (a) of subsection (2) of section
  205  790.065, Florida Statutes, is amended to read:
  206         790.065 Sale and delivery of firearms.—
  207         (2) Upon receipt of a request for a criminal history record
  208  check, the Department of Law Enforcement shall, during the
  209  licensee’s call or by return call, forthwith:
  210         (a) Review any records available to determine if the
  211  potential buyer or transferee:
  212         1. Has been convicted of a felony and is prohibited from
  213  receipt or possession of a firearm pursuant to s. 790.23;
  214         2. Has been convicted of a misdemeanor crime of domestic
  215  violence, and therefore is prohibited from purchasing a firearm;
  216         3. Has had adjudication of guilt withheld or imposition of
  217  sentence suspended on any felony or misdemeanor crime of
  218  domestic violence unless 3 years have elapsed since probation or
  219  any other conditions set by the court have been fulfilled or
  220  expunction has occurred; or
  221         4. Has been adjudicated mentally defective or has been
  222  committed to a mental institution by a court or as provided in
  223  sub-sub-subparagraph b.(II), and as a result is prohibited by
  224  state or federal law from purchasing a firearm.
  225         a. As used in this subparagraph, “adjudicated mentally
  226  defective” means a determination by a court that a person, as a
  227  result of marked subnormal intelligence, or mental illness,
  228  incompetency, condition, or disease, is a danger to himself or
  229  herself or to others or lacks the mental capacity to contract or
  230  manage his or her own affairs. The phrase includes a judicial
  231  finding of incapacity under s. 744.331(6)(a), an acquittal by
  232  reason of insanity of a person charged with a criminal offense,
  233  and a judicial finding that a criminal defendant is not
  234  competent to stand trial.
  235         b. As used in this subparagraph, “committed to a mental
  236  institution” means:
  237         (I) Involuntary commitment, commitment for mental
  238  defectiveness or mental illness, and commitment for substance
  239  abuse. The phrase includes involuntary inpatient placement as
  240  defined in s. 394.467, involuntary outpatient placement as
  241  defined in s. 394.4655, involuntary assessment and stabilization
  242  under s. 397.6818, and involuntary substance abuse treatment
  243  under s. 397.6957, but does not include a person in a mental
  244  institution for observation or discharged from a mental
  245  institution based upon the initial review by the physician or a
  246  voluntary admission to a mental institution; or
  247         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
  248  admission to a mental institution for outpatient or inpatient
  249  treatment of a person who had an involuntary examination under
  250  s. 394.463, where each of the following conditions have been
  251  met:
  252         (A) An examining physician found that the person is an
  253  imminent danger to himself or herself or others.
  254         (B) The examining physician certified that if the person
  255  did not agree to voluntary treatment, a petition for involuntary
  256  outpatient or inpatient treatment would have been filed under s.
  257  394.463(2)(g)1.d. s. 394.463(2)(g)4., or the examining physician
  258  certified that a petition was filed and the person subsequently
  259  agreed to voluntary treatment prior to a court hearing on the
  260  petition.
  261         (C) Before agreeing to voluntary treatment, the person
  262  received written notice of that finding and certification, and
  263  written notice that as a result of such finding, he or she may
  264  be prohibited from purchasing a firearm, and may not be eligible
  265  to apply for or retain a concealed weapon or firearms license
  266  under s. 790.06 and the person acknowledged such notice in
  267  writing, in substantially the following form:
  268  
  269  “I understand that the doctor who examined me believes I am a
  270  danger to myself or to others. I understand that if I do not
  271  agree to voluntary treatment, a petition will be filed in court
  272  to require me to receive involuntary treatment. I understand
  273  that if that petition is filed, I have the right to contest it.
  274  In the event a petition has been filed, I understand that I can
  275  subsequently agree to voluntary treatment prior to a court
  276  hearing. I understand that by agreeing to voluntary treatment in
  277  either of these situations, I may be prohibited from buying
  278  firearms and from applying for or retaining a concealed weapons
  279  or firearms license until I apply for and receive relief from
  280  that restriction under Florida law.”
  281  
  282         (D) A judge or a magistrate has, pursuant to sub-sub
  283  subparagraph c.(II), reviewed the record of the finding,
  284  certification, notice, and written acknowledgment classifying
  285  the person as an imminent danger to himself or herself or
  286  others, and ordered that such record be submitted to the
  287  department.
  288         c. In order to check for these conditions, the department
  289  shall compile and maintain an automated database of persons who
  290  are prohibited from purchasing a firearm based on court records
  291  of adjudications of mental defectiveness or commitments to
  292  mental institutions.
  293         (I) Except as provided in sub-sub-subparagraph (II), clerks
  294  of court shall submit these records to the department within 1
  295  month after the rendition of the adjudication or commitment.
  296  Reports shall be submitted in an automated format. The reports
  297  must, at a minimum, include the name, along with any known alias
  298  or former name, the sex, and the date of birth of the subject.
  299         (II) For persons committed to a mental institution pursuant
  300  to sub-sub-subparagraph b.(II), within 24 hours after the
  301  person’s agreement to voluntary admission, a record of the
  302  finding, certification, notice, and written acknowledgment must
  303  be filed by the administrator of the receiving or treatment
  304  facility, as defined in s. 394.455, with the clerk of the court
  305  for the county in which the involuntary examination under s.
  306  394.463 occurred. No fee shall be charged for the filing under
  307  this sub-sub-subparagraph. The clerk must present the records to
  308  a judge or magistrate within 24 hours after receipt of the
  309  records. A judge or magistrate is required and has the lawful
  310  authority to review the records ex parte and, if the judge or
  311  magistrate determines that the record supports the classifying
  312  of the person as an imminent danger to himself or herself or
  313  others, to order that the record be submitted to the department.
  314  If a judge or magistrate orders the submittal of the record to
  315  the department, the record must be submitted to the department
  316  within 24 hours.
  317         d. A person who has been adjudicated mentally defective or
  318  committed to a mental institution, as those terms are defined in
  319  this paragraph, may petition the court that made the
  320  adjudication or commitment, or the court that ordered that the
  321  record be submitted to the department pursuant to sub-sub
  322  subparagraph c.(II), for relief from the firearm disabilities
  323  imposed by such adjudication or commitment. A copy of the
  324  petition shall be served on the state attorney for the county in
  325  which the person was adjudicated or committed. The state
  326  attorney may object to and present evidence relevant to the
  327  relief sought by the petition. The hearing on the petition may
  328  be open or closed as the petitioner may choose. The petitioner
  329  may present evidence and subpoena witnesses to appear at the
  330  hearing on the petition. The petitioner may confront and cross
  331  examine witnesses called by the state attorney. A record of the
  332  hearing shall be made by a certified court reporter or by court
  333  approved electronic means. The court shall make written findings
  334  of fact and conclusions of law on the issues before it and issue
  335  a final order. The court shall grant the relief requested in the
  336  petition if the court finds, based on the evidence presented
  337  with respect to the petitioner’s reputation, the petitioner’s
  338  mental health record and, if applicable, criminal history
  339  record, the circumstances surrounding the firearm disability,
  340  and any other evidence in the record, that the petitioner will
  341  not be likely to act in a manner that is dangerous to public
  342  safety and that granting the relief would not be contrary to the
  343  public interest. If the final order denies relief, the
  344  petitioner may not petition again for relief from firearm
  345  disabilities until 1 year after the date of the final order. The
  346  petitioner may seek judicial review of a final order denying
  347  relief in the district court of appeal having jurisdiction over
  348  the court that issued the order. The review shall be conducted
  349  de novo. Relief from a firearm disability granted under this
  350  sub-subparagraph has no effect on the loss of civil rights,
  351  including firearm rights, for any reason other than the
  352  particular adjudication of mental defectiveness or commitment to
  353  a mental institution from which relief is granted.
  354         e. Upon receipt of proper notice of relief from firearm
  355  disabilities granted under sub-subparagraph d., the department
  356  shall delete any mental health record of the person granted
  357  relief from the automated database of persons who are prohibited
  358  from purchasing a firearm based on court records of
  359  adjudications of mental defectiveness or commitments to mental
  360  institutions.
  361         f. The department is authorized to disclose data collected
  362  pursuant to this subparagraph to agencies of the Federal
  363  Government and other states for use exclusively in determining
  364  the lawfulness of a firearm sale or transfer. The department is
  365  also authorized to disclose this data to the Department of
  366  Agriculture and Consumer Services for purposes of determining
  367  eligibility for issuance of a concealed weapons or concealed
  368  firearms license and for determining whether a basis exists for
  369  revoking or suspending a previously issued license pursuant to
  370  s. 790.06(10). When a potential buyer or transferee appeals a
  371  nonapproval based on these records, the clerks of court and
  372  mental institutions shall, upon request by the department,
  373  provide information to help determine whether the potential
  374  buyer or transferee is the same person as the subject of the
  375  record. Photographs and any other data that could confirm or
  376  negate identity must be made available to the department for
  377  such purposes, notwithstanding any other provision of state law
  378  to the contrary. Any such information that is made confidential
  379  or exempt from disclosure by law shall retain such confidential
  380  or exempt status when transferred to the department.
  381         Section 5. This act shall take effect July 1, 2018.