Bill Text: FL S0828 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mental Health and Substance Abuse
Spectrum:
Status: (Failed) 2021-04-30 - Died in Judiciary [S0828 Detail]
Download: Florida-2021-S0828-Introduced.html
Bill Title: Mental Health and Substance Abuse
Spectrum:
Status: (Failed) 2021-04-30 - Died in Judiciary [S0828 Detail]
Download: Florida-2021-S0828-Introduced.html
Florida Senate - 2021 SB 828 By Senator Book 32-00424A-21 2021828__ 1 A bill to be entitled 2 An act relating to mental health and substance abuse; 3 amending s. 394.455, F.S.; conforming a cross 4 reference; defining the terms “neglect or refuse to 5 care for himself or herself” and “real and present 6 threat of substantial harm”; amending s. 394.459, 7 F.S.; requiring facilities to inform respondents with 8 a serious mental illness of the essential elements of 9 recovery and provide them assistance in accessing a 10 continuum of care regimen; authorizing the Department 11 of Children and Families to adopt certain rules; 12 amending s. 394.4598, F.S.; conforming a cross 13 reference; amending s. 394.4599, F.S.; conforming 14 provisions to changes made by the act; amending s. 15 394.461, F.S.; authorizing the state to establish that 16 a transfer evaluation was performed by providing the 17 court with a copy of the evaluation before the close 18 of the state’s case in chief; prohibiting the court 19 from considering substantive information in the 20 transfer evaluation unless the evaluator testifies at 21 the hearing; amending s. 394.4615, F.S.; conforming 22 provisions to changes made by the act; amending s. 23 394.462, F.S.; conforming provisions to changes made 24 by the act; amending s. 394.4625, F.S.; providing 25 requirements relating to the voluntariness of 26 admissions to a facility for examination and 27 treatment; providing requirements for verifying the 28 assent of a minor admitted to a facility; requiring 29 the appointment of a public defender to review the 30 voluntariness of a minor’s admission to a facility; 31 requiring the filing of a petition for involuntary 32 placement or release of a minor to his or her parent 33 or legal guardian under certain circumstances; 34 requiring minor patients’ assent to voluntary care to 35 be verified in a specified manner before a transfer to 36 voluntary status may occur; conforming provisions to 37 changes made by the act; amending s. 394.463, F.S.; 38 revising the requirements for when a person may be 39 taken to a receiving facility for involuntary 40 examination; requiring a facility to inform the 41 department of certain persons who have been examined 42 or committed under certain circumstances; conforming 43 provisions to changes made by the act; providing 44 criminal and civil penalties; amending s. 394.4655, 45 F.S.; revising the requirements for involuntary 46 outpatient treatment; amending s. 394.467, F.S.; 47 revising the requirements for when a person may be 48 ordered for involuntary inpatient placement; revising 49 requirements for continuances of hearings; revising 50 the conditions under which a court may waive the 51 requirement for a patient to be present at an 52 involuntary inpatient placement hearing; authorizing 53 the court to permit all witnesses to attend and 54 testify remotely at the hearing through certain means; 55 requiring facilities to make certain clinical records 56 available to a state attorney within a specified 57 timeframe; specifying that such records remain 58 confidential and may not be used for certain purposes; 59 revising when the court may appoint a magistrate; 60 requiring the court to allow certain testimony from 61 individuals; revising the amount of time a court may 62 require a patient to receive services; requiring 63 facilities to discharge patients after the patient no 64 longer meets the criteria for involuntary treatment; 65 prohibiting courts from ordering that individuals with 66 developmental disabilities be involuntary placed in a 67 state treatment facility; requiring such individuals 68 to be referred to certain agencies for evaluation and 69 services; authorizing facilities to hold such 70 individuals under certain circumstances; conforming 71 provisions to changes made by the act; amending ss. 72 394.495 and 394.496, F.S.; conforming provisions to 73 changes made by the act; amending s. 394.499, F.S.; 74 making technical and conforming changes; amending s. 75 394.9085, F.S.; conforming cross-references; amending 76 s. 397.305, F.S.; revising the purposes of ch. 397, 77 F.S.; amending s. 397.311, F.S.; revising the 78 definition of the terms “impaired” and “substance 79 abuse impaired”; defining the terms “involuntary 80 treatment services,” “neglect or refuse to care for 81 himself or herself,” and “real and present threat of 82 substantial harm”; amending s. 397.416, F.S.; 83 conforming a cross-reference; amending s. 397.501, 84 F.S.; requiring that respondents with serious 85 substance use disorders be informed of the essential 86 elements of recovery and provide them assistance with 87 accessing a continuum of care regimen; authorizing the 88 department to adopt certain rules; amending s. 89 397.675, F.S.; revising the criteria for involuntary 90 admissions; amending s. 397.6751, F.S.; revising the 91 responsibilities of a service provider; amending s. 92 397.681, F.S.; revising where involuntary treatment 93 petitions for substance abuse impaired persons may be 94 filed; revising what part of such proceedings a 95 general or special magistrate may preside over; 96 requiring that the state attorney represent the state 97 as the real party of interest in an involuntary 98 proceeding, subject to legislative appropriation; 99 providing that the petitioner has the right to be 100 heard; specifying that certain records obtained by a 101 state attorney must remain confidential and may not be 102 used for certain purposes; conforming provisions to 103 changes made by the act; repealing s. 397.6811, F.S., 104 relating to involuntary assessment and stabilization; 105 repealing s. 397.6814, F.S., relating to petitions for 106 involuntary assessment and stabilization; repealing s. 107 397.6815, F.S., relating to involuntary assessment and 108 stabilization procedures; repealing s. 397.6818, F.S., 109 relating to court determinations for petitions for 110 involuntary assessment and stabilization; repealing s. 111 397.6819, F.S., relating to the responsibilities of 112 licensed service providers with regard to involuntary 113 assessment and stabilization; repealing s. 397.6821, 114 F.S., relating to extensions of time for completion of 115 involuntary assessment and stabilization; repealing s. 116 397.6822, F.S., relating to the disposition of 117 individuals after involuntary assessments; amending s. 118 397.693, F.S.; revising the circumstances under which 119 a person is eligible for court-ordered involuntary 120 treatment; amending s. 397.695, F.S.; authorizing the 121 court or clerk of the court to waive or prohibit any 122 service of process fees for an indigent petitioner; 123 amending s. 397.6951, F.S.; revising the requirements 124 for the contents of a petition for involuntary 125 treatment services; authorizing a petitioner to 126 include with the petition a certificate or report of a 127 qualified professional; requiring the certificate or 128 report to contain certain information; requiring that 129 certain additional information be included if an 130 emergency exists; amending s. 397.6955, F.S.; 131 requiring the clerk of the court to notify the state 132 attorney’s office upon the receipt of a petition filed 133 for involuntary treatment services; revising when the 134 office of criminal conflict and civil regional counsel 135 represents a person; revising when a hearing must be 136 held on the petition; requiring law enforcement 137 agencies to effect service for initial treatment 138 hearings unless certain requirements are met; 139 providing requirements for when a petitioner asserts 140 that emergency circumstances exist or the court 141 determines that an emergency exists; conforming 142 provisions to changes made by the act; amending s. 143 397.6957, F.S.; expanding the exemption from the 144 requirement that a respondent be present at a hearing 145 on a petition for involuntary treatment services; 146 authorizing the court to order drug tests and permit 147 all witnesses to remotely attend and testify at the 148 hearing through certain means; deleting a provision 149 requiring the court to appoint a guardian advocate 150 under certain circumstances; prohibiting a respondent 151 from being involuntarily ordered into treatment unless 152 certain requirements are met; providing requirements 153 relating to involuntary assessment and stabilization 154 orders; providing requirements relating to involuntary 155 treatment hearings; requiring that the assessment of a 156 respondent occur before a specified time unless 157 certain requirements are met; requiring the service 158 provider to discharge the respondent after a specified 159 time unless certain requirements are met; requiring a 160 qualified professional to provide copies of his or her 161 report to the court and all relevant parties and 162 counsel; providing requirements for the report; 163 authorizing a court to order certain persons to take a 164 respondent into custody and transport him or her to or 165 from certain service providers and the court; revising 166 the petitioner’s burden of proof in the hearing; 167 authorizing the court to initiate involuntary 168 proceedings under certain circumstances; requiring 169 that, if a treatment order is issued, it must include 170 certain findings; amending s. 397.697, F.S.; requiring 171 that an individual meet certain requirements to 172 qualify for involuntary outpatient treatment; 173 specifying that certain hearings may be set by the 174 motion of a party or under the court’s own authority; 175 specifying that a service provider’s authority is 176 separate and distinct from the court’s jurisdiction; 177 amending s. 397.6971, F.S.; revising when an 178 individual receiving involuntary treatment services 179 may be determined eligible for discharge; conforming 180 provisions to changes made by the act; amending s. 181 397.6975, F.S.; authorizing certain entities to file a 182 petition for renewal of involuntary treatment; 183 revising the timeframe during which the court is 184 required to schedule a hearing; conforming provisions 185 to changes made by the act; amending s. 397.6977, 186 F.S.; conforming provisions to changes made by the 187 act; repealing s. 397.6978, F.S., relating to the 188 appointment of guardian advocates; amending ss. 189 409.972, 464.012, 744.2007, and 790.065, F.S.; 190 conforming cross-references; providing an effective 191 date. 192 193 Be It Enacted by the Legislature of the State of Florida: 194 195 Section 1. Present subsections (32) through (39) and (40) 196 through (49) of section 394.455, Florida Statutes, are 197 redesignated as subsections (33) through (40) and (42) through 198 (51), respectively, new subsections (32) and (41) are added to 199 that section, and subsection (23) of that section is amended, to 200 read: 201 394.455 Definitions.—As used in this part, the term: 202 (23) “Involuntary examination” means an examination 203 performed under s. 394.463, s. 397.6772, s. 397.679, s. 204 397.6798, or s. 397.6957s. 397.6811to determine whether a 205 person qualifies for involuntary services. 206 (32) “Neglect or refuse to care for himself or herself” 207 includes, but is not limited to, evidence that a person: 208 (a) Is unable to satisfy basic needs for nourishment, 209 clothing, medical care, shelter, or safety in a manner that 210 creates a substantial probability of imminent death, serious 211 physical debilitation, or disease; or 212 (b) Is substantially unable to make an informed treatment 213 choice and needs care or treatment to prevent deterioration. 214 (41) “Real and present threat of substantial harm” 215 includes, but is not limited to, evidence of a substantial 216 probability that the untreated person will: 217 (a) Lack, refuse, or not receive services for health and 218 safety which are actually available in the community; or 219 (b) Suffer severe mental, emotional, or physical harm that 220 will result in the loss of his or her ability to function in the 221 community or the loss of cognitive or volitional control over 222 thoughts or actions. 223 Section 2. Subsection (13) is added to section 394.459, 224 Florida Statutes, to read: 225 394.459 Rights of patients.— 226 (13) POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, the 227 facility must inform a respondent with a serious mental illness 228 of the essential elements of recovery and provide assistance 229 with accessing a continuum of care regimen. The department may 230 adopt rules specifying the services that may be provided to such 231 respondents. 232 Section 3. Subsection (1) of section 394.4598, Florida 233 Statutes, is amended to read: 234 394.4598 Guardian advocate.— 235 (1) The administrator may petition the court for the 236 appointment of a guardian advocate based upon the opinion of a 237 psychiatrist that the patient is incompetent to consent to 238 treatment. If the court finds that a patient is incompetent to 239 consent to treatment and has not been adjudicated incapacitated 240 and a guardian with the authority to consent to mental health 241 treatment appointed, it shall appoint a guardian advocate. The 242 patient has the right to have an attorney represent him or her 243 at the hearing. If the person is indigent, the court shall 244 appoint the office of the public defender to represent him or 245 her at the hearing. The patient has the right to testify, cross 246 examine witnesses, and present witnesses. The proceeding shall 247 be recorded either electronically or stenographically, and 248 testimony shall be provided under oath. One of the professionals 249 authorized to give an opinion in support of a petition for 250 involuntary placement, as described ins. 394.4655 ors. 251 394.467, must testify. A guardian advocate must meet the 252 qualifications of a guardian contained in part IV of chapter 253 744, except that a professional referred to in this part, an 254 employee of the facility providing direct services to the 255 patient under this part, a departmental employee, a facility 256 administrator, or member of the Florida local advocacy council 257 shall not be appointed. A person who is appointed as a guardian 258 advocate must agree to the appointment. 259 Section 4. Paragraph (d) of subsection (2) of section 260 394.4599, Florida Statutes, is amended to read: 261 394.4599 Notice.— 262 (2) INVOLUNTARY ADMISSION.— 263 (d) The written notice of the filing of the petition for 264 involuntary services for an individual being held must contain 265 the following: 266 1. Notice that the petition for: 267 a. Involuntary inpatient treatment pursuant to s. 394.467 268 has been filed with the circuit court in the county in which the 269 individual is hospitalized and the address of such court; or 270 b. Involuntary outpatient services pursuant to s. 394.4655 271 has been filed with the criminal county court, as defined in s.272394.4655(1),or the circuit court, as applicable, in the county 273 in which the individual is hospitalized and the address of such 274 court. 275 2. Notice that the office of the public defender has been 276 appointed to represent the individual in the proceeding, if the 277 individual is not otherwise represented by counsel. 278 3. The date, time, and place of the hearing and the name of 279 each examining expert and every other person expected to testify 280 in support of continued detention. 281 4. Notice that the individual, the individual’s guardian, 282 guardian advocate, health care surrogate or proxy, or 283 representative, or the administrator may apply for a change of 284 venue for the convenience of the parties or witnesses or because 285 of the condition of the individual. 286 5. Notice that the individual is entitled to an independent 287 expert examination and, if the individual cannot afford such an 288 examination, that the court will provide for one. 289 Section 5. Subsection (2) of section 394.461, Florida 290 Statutes, is amended to read: 291 394.461 Designation of receiving and treatment facilities 292 and receiving systems.—The department is authorized to designate 293 and monitor receiving facilities, treatment facilities, and 294 receiving systems and may suspend or withdraw such designation 295 for failure to comply with this part and rules adopted under 296 this part. Unless designated by the department, facilities are 297 not permitted to hold or treat involuntary patients under this 298 part. 299 (2) TREATMENT FACILITY.—The department may designate any 300 state-owned, state-operated, or state-supported facility as a 301 state treatment facility. A civil patient shall not be admitted 302 to a state treatment facility without previously undergoing a 303 transfer evaluation. Before the close of the state’s case in 304 chief in acourthearing for involuntary placementin a state305treatment facility, the state may establish that the transfer 306 evaluation was performed and the document properly executed by 307 providing the court with a copy of the transfer evaluation. The 308 court may notshall receive andconsider the substantive 309 informationdocumentedin the transfer evaluation unless the 310 evaluator testifies at the hearing. Any other facility, 311 including a private facility or a federal facility, may be 312 designated as a treatment facility by the department, provided 313 that such designation is agreed to by the appropriate governing 314 body or authority of the facility. 315 Section 6. Subsection (3) of section 394.4615, Florida 316 Statutes, is amended to read: 317 394.4615 Clinical records; confidentiality.— 318 (3) Information from the clinical record may be released in 319 the following circumstances: 320 (a) When a patient has communicated to a service provider a 321 specific threat to cause serious bodily injury or death to an 322 identified or a readily available person, if the service 323 provider reasonably believes, or should reasonably believe 324 according to the standards of his or her profession, that the 325 patient has the apparent intent and ability to imminently or 326 immediately carry out such threat. When such communication has 327 been made, the administrator may authorize the release of 328 sufficient information to provide adequate warning to the person 329 threatened with harm by the patient. 330 (b) When the administrator of the facility or secretary of 331 the department deems release to a qualified researcher as 332 defined in administrative rule, an aftercare treatment provider, 333 or an employee or agent of the department is necessary for 334 treatment of the patient, maintenance of adequate records, 335 compilation of treatment data, aftercare planning, or evaluation 336 of programs. 337 338 For the purpose of determining whether a person meets the 339 criteria for involuntary outpatient placementor for preparing340the proposed treatment planpursuant to s. 394.4655, the 341 clinical record may be released to the state attorney, the 342 public defender or the patient’s private legal counsel, the 343 court, and to the appropriate mental health professionals,344including the service provider identified in s.345394.4655(7)(b)2.,in accordance with state and federal law. 346 Section 7. Section 394.462, Florida Statutes, is amended to 347 read: 348 394.462 Transportation.—A transportation plan shall be 349 developed and implemented by each county in collaboration with 350 the managing entity in accordance with this section. A county 351 may enter into a memorandum of understanding with the governing 352 boards of nearby counties to establish a shared transportation 353 plan. When multiple counties enter into a memorandum of 354 understanding for this purpose, the counties shall notify the 355 managing entity and provide it with a copy of the agreement. The 356 transportation plan shall describe methods of transport to a 357 facility within the designated receiving system for individuals 358 subject to involuntary examination under s. 394.463 or 359 involuntary admission under s. 397.6772, s. 397.679, s. 360 397.6798, or s. 397.6957s. 397.6811,and may identify 361 responsibility for other transportation to a participating 362 facility when necessary and agreed to by the facility. The plan 363 may rely on emergency medical transport services or private 364 transport companies, as appropriate. The plan shall comply with 365 the transportation provisions of this section and ss. 397.6772, 366 397.6795,397.6822,and 397.697. 367 (1) TRANSPORTATION TO A RECEIVING FACILITY.— 368 (a) Each county shall designate a single law enforcement 369 agency within the county, or portions thereof, to take a person 370 into custody upon the entry of an ex parte order or the 371 execution of a certificate for involuntary examination by an 372 authorized professional and to transport that person to the 373 appropriate facility within the designated receiving system 374 pursuant to a transportation plan. 375 (b)1. The designated law enforcement agency may decline to 376 transport the person to a receiving facility only if: 377 a. The jurisdiction designated by the county has contracted 378 on an annual basis with an emergency medical transport service 379 or private transport company for transportation of persons to 380 receiving facilities pursuant to this section at the sole cost 381 of the county; and 382 b. The law enforcement agency and the emergency medical 383 transport service or private transport company agree that the 384 continued presence of law enforcement personnel is not necessary 385 for the safety of the person or others. 386 2. The entity providing transportation may seek 387 reimbursement for transportation expenses. The party responsible 388 for payment for such transportation is the person receiving the 389 transportation. The county shall seek reimbursement from the 390 following sources in the following order: 391 a. From a private or public third-party payor, if the 392 person receiving the transportation has applicable coverage. 393 b. From the person receiving the transportation. 394 c. From a financial settlement for medical care, treatment, 395 hospitalization, or transportation payable or accruing to the 396 injured party. 397 (c) A company that transports a patient pursuant to this 398 subsection is considered an independent contractor and is solely 399 liable for the safe and dignified transport of the patient. Such 400 company must be insured and provide no less than $100,000 in 401 liability insurance with respect to the transport of patients. 402 (d) Any company that contracts with a governing board of a 403 county to transport patients shall comply with the applicable 404 rules of the department to ensure the safety and dignity of 405 patients. 406 (e) When a law enforcement officer takes custody of a 407 person pursuant to this part, the officer may request assistance 408 from emergency medical personnel if such assistance is needed 409 for the safety of the officer or the person in custody. 410 (f) When a member of a mental health overlay program or a 411 mobile crisis response service is a professional authorized to 412 initiate an involuntary examination pursuant to s. 394.463 or s. 413 397.675 and that professional evaluates a person and determines 414 that transportation to a receiving facility is needed, the 415 service, at its discretion, may transport the person to the 416 facility or may call on the law enforcement agency or other 417 transportation arrangement best suited to the needs of the 418 patient. 419 (g) When any law enforcement officer has custody of a 420 person based on either noncriminal or minor criminal behavior 421 that meets the statutory guidelines for involuntary examination 422 pursuant to s. 394.463, the law enforcement officer shall 423 transport the person to the appropriate facility within the 424 designated receiving system pursuant to a transportation plan. 425 Persons who meet the statutory guidelines for involuntary 426 admission pursuant to s. 397.675 may also be transported by law 427 enforcement officers to the extent resources are available and 428 as otherwise provided by law. Such persons shall be transported 429 to an appropriate facility within the designated receiving 430 system pursuant to a transportation plan. 431 (h) When any law enforcement officer has arrested a person 432 for a felony and it appears that the person meets the statutory 433 guidelines for involuntary examination or placement under this 434 part, such person must first be processed in the same manner as 435 any other criminal suspect. The law enforcement agency shall 436 thereafter immediately notify the appropriate facility within 437 the designated receiving system pursuant to a transportation 438 plan. The receiving facility shall be responsible for promptly 439 arranging for the examination and treatment of the person. A 440 receiving facility is not required to admit a person charged 441 with a crime for whom the facility determines and documents that 442 it is unable to provide adequate security, but shall provide 443 examination and treatment to the person where he or she is held. 444 (i) If the appropriate law enforcement officer believes 445 that a person has an emergency medical condition as defined in 446 s. 395.002, the person may be first transported to a hospital 447 for emergency medical treatment, regardless of whether the 448 hospital is a designated receiving facility. 449 (j) The costs of transportation, evaluation, 450 hospitalization, and treatment incurred under this subsection by 451 persons who have been arrested for violations of any state law 452 or county or municipal ordinance may be recovered as provided in 453 s. 901.35. 454 (k) The appropriate facility within the designated 455 receiving system pursuant to a transportation plan must accept 456 persons brought by law enforcement officers, or an emergency 457 medical transport service or a private transport company 458 authorized by the county, for involuntary examination pursuant 459 to s. 394.463. 460 (l) The appropriate facility within the designated 461 receiving system pursuant to a transportation plan must provide 462 persons brought by law enforcement officers, or an emergency 463 medical transport service or a private transport company 464 authorized by the county, pursuant to s. 397.675, a basic 465 screening or triage sufficient to refer the person to the 466 appropriate services. 467 (m) Each law enforcement agency designated pursuant to 468 paragraph (a) shall establish a policy that reflects a single 469 set of protocols for the safe and secure transportation and 470 transfer of custody of the person. Each law enforcement agency 471 shall provide a copy of the protocols to the managing entity. 472 (n) When a jurisdiction has entered into a contract with an 473 emergency medical transport service or a private transport 474 company for transportation of persons to facilities within the 475 designated receiving system, such service or company shall be 476 given preference for transportation of persons from nursing 477 homes, assisted living facilities, adult day care centers, or 478 adult family-care homes, unless the behavior of the person being 479 transported is such that transportation by a law enforcement 480 officer is necessary. 481 (o) This section may not be construed to limit emergency 482 examination and treatment of incapacitated persons provided in 483 accordance with s. 401.445. 484 (2) TRANSPORTATION TO A TREATMENT FACILITY.— 485 (a) If neither the patient nor any person legally obligated 486 or responsible for the patient is able to pay for the expense of 487 transporting a voluntary or involuntary patient to a treatment 488 facility, the transportation plan established by the governing 489 board of the county or counties must specify how the 490 hospitalized patient will be transported to, from, and between 491 facilities in a safe and dignified manner. 492 (b) A company that transports a patient pursuant to this 493 subsection is considered an independent contractor and is solely 494 liable for the safe and dignified transportation of the patient. 495 Such company must be insured and provide no less than $100,000 496 in liability insurance with respect to the transport of 497 patients. 498 (c) A company that contracts with one or more counties to 499 transport patients in accordance with this section shall comply 500 with the applicable rules of the department to ensure the safety 501 and dignity of patients. 502 (d) County or municipal law enforcement and correctional 503 personnel and equipment may not be used to transport patients 504 adjudicated incapacitated or found by the court to meet the 505 criteria for involuntary placement pursuant to s. 394.467, 506 except in small rural counties where there are no cost-efficient 507 alternatives. 508 (3) TRANSFER OF CUSTODY.—Custody of a person who is 509 transported pursuant to this part, along with related 510 documentation, shall be relinquished to a responsible individual 511 at the appropriate receiving or treatment facility. 512 Section 8. Subsections (1) and (4) of section 394.4625, 513 Florida Statutes, are amended to read: 514 394.4625 Voluntary admissions.— 515 (1) EXAMINATION AND TREATMENTAUTHORITY TO RECEIVE516PATIENTS.— 517 (a) In order to be admitted to a facility on a voluntary 518 basis, a person must show evidence of a mental illness and be 519 suitable for treatment by the facility. 520 1. If the person is an adult, he or she must be competent 521 to provide his or her express and informed consent in writing to 522 the facility. 523 2. A minor may be admitted to a facility only on the basis 524 of the express and informed consent of the minor’s parent or 525 legal guardian in conjunction with the minor’s assent. 526 a. The minor’s assent is an affirmative agreement by the 527 minor to remain at the facility for examination and treatment. 528 The minor’s failure to object is not assent for purposes of this 529 subparagraph. 530 b. The minor’s assent must be verified through a clinical 531 assessment that is documented in the minor’s clinical record and 532 conducted within 12 hours after arrival at the facility by a 533 licensed professional authorized to initiate an involuntary 534 examination under s. 394.463. 535 c. In verifying the minor’s assent, the examining 536 professional must first provide the minor with an explanation as 537 to why the minor will be examined and treated, what the minor 538 can expect while in the facility, and when the minor may expect 539 to be released, using language that is appropriate to the 540 minor’s age, experience, maturity, and condition. The examining 541 professional must determine and document that the minor is able 542 to understand this information. 543 d. The facility must advise the minor of his or her right 544 to request and have access to legal counsel. 545 e. The facility administrator must file with the court a 546 notice of a minor’s voluntary placement within 1 court working 547 day after the minor’s admission to the facility. 548 f. The court shall appoint a public defender who may review 549 the voluntariness of the minor’s admission to the facility and 550 further verify his or her assent. The public defender may 551 interview and represent the minor and shall have access to all 552 relevant witnesses and records. If the public defender does not 553 review the voluntariness of the admission, the clinical 554 assessment of the minor’s assent shall serve as verification of 555 assent. 556 g. Unless the minor’s assent is verified pursuant to this 557 subparagraph, a petition for involuntary placement must be filed 558 with the court or the minor must be released to his or her 559 parent or legal guardian within 24 hours after arriving at the 560 facilityA facility may receive for observation, diagnosis, or561treatment any person 18 years of age or older making application562by express and informed consent for admission or any person age56317 or under for whom such application is made by his or her564guardian. If found to show evidence of mental illness, to be565competent to provide express and informed consent, and to be566suitable for treatment, such person 18 years of age or older may567be admitted to the facility. A person age 17 or under may be568admitted only after a hearing to verify the voluntariness of the569consent. 570 (b) A mental health overlay program or a mobile crisis 571 response service or a licensed professional who is authorized to 572 initiate an involuntary examination pursuant to s. 394.463 and 573 is employed by a community mental health center or clinic must, 574 pursuant to district procedure approved by the respective 575 district administrator, conduct an initial assessment of the 576 ability of the following persons to give express and informed 577 consent to treatment before such persons may be admitted 578 voluntarily: 579 1. A person 60 years of age or older for whom transfer is 580 being sought from a nursing home, assisted living facility, 581 adult day care center, or adult family-care home, when such 582 person has been diagnosed as suffering from dementia. 583 2. A person 60 years of age or older for whom transfer is 584 being sought from a nursing home pursuant to s. 400.0255(12). 585 3. A person for whom all decisions concerning medical 586 treatment are currently being lawfully made by the health care 587 surrogate or proxy designated under chapter 765. 588 (c) When an initial assessment of the ability of a person 589 to give express and informed consent to treatment is required 590 under this section, and a mobile crisis response service does 591 not respond to the request for an assessment within 2 hours 592 after the request is made or informs the requesting facility 593 that it will not be able to respond within 2 hours after the 594 request is made, the requesting facility may arrange for 595 assessment by any licensed professional authorized to initiate 596 an involuntary examination pursuant to s. 394.463 who is not 597 employed by or under contract with, and does not have a 598 financial interest in, either the facility initiating the 599 transfer or the receiving facility to which the transfer may be 600 made. 601 (d) A facility may not admit as a voluntary patient a 602 person who has been adjudicated incapacitated, unless the 603 condition of incapacity has been judicially removed. If a 604 facility admits as a voluntary patient a person who is later 605 determined to have been adjudicated incapacitated, and the 606 condition of incapacity had not been removed by the time of the 607 admission, the facility must either discharge the patient or 608 transfer the patient to involuntary status. 609 (e) The health care surrogate or proxy of a voluntary 610 patient may not consent to the provision of mental health 611 treatment for the patient. A voluntary patient who is unwilling 612 or unable to provide express and informed consent to mental 613 health treatment must either be discharged or transferred to 614 involuntary status. 615 (f) Within 24 hours after admission of a voluntary patient, 616 the admitting physician shall document in the patient’s clinical 617 record that the patient is able to give express and informed 618 consent for admission. If the patient is not able to give 619 express and informed consent for admission, the facility shall 620 either discharge the patient or transfer the patient to 621 involuntary status pursuant to subsection (5). 622 (4) TRANSFER TO VOLUNTARY STATUS.—An involuntary patient 623 who applies to be transferred to voluntary status shall be 624 transferred to voluntary status immediately, unless the patient 625 has been charged with a crime, or has been involuntarily placed 626 for treatment by a court pursuant to s. 394.467 and continues to 627 meet the criteria for involuntary placement. When transfer to 628 voluntary status occurs, notice shall be given as provided in s. 629 394.4599, and if the patient is a minor, the minor’s assent to 630 voluntary care must be verified through the procedures under 631 subparagraph (1)(a)2. before the transfer to voluntary status 632 may occur. 633 Section 9. Subsection (1) and paragraphs (a), (g), and (h) 634 of subsection (2) of section 394.463, Florida Statutes, are 635 amended, and subsection (5) is added to that section, to read: 636 394.463 Involuntary examination.— 637 (1) CRITERIA.—A person may be taken to a receiving facility 638 for involuntary examination if there is reason to believe that 639 the person has a mental illness and because of his or her mental 640 illness: 641 (a)1. The person has refused voluntary examination after 642 conscientious explanation and disclosure of the purpose of the 643 examination; or 644 2. The person is unable to determine for himself or herself 645 whether examination is necessary; and 646 (b)1. Without care or treatment, the person is likely to 647 suffer from neglect or refuse to care for himself or herself; 648 such neglect or refusal poses a real and present threat of 649 substantial harm to his or her well-being; and it is not 650 apparent that such harm may be avoided through the help of 651 willing, able, and responsible family members or friends or the 652 provision of other services; or 653 2. There is a substantial likelihood that in the near 654 future and without care or treatment, the person will inflict 655 seriouscause serious bodilyharm to selfhimself or herselfor 656 othersin the near future, as evidenced by recent acts, 657 omissions, or behavior causing, attempting, or threatening such 658 harm, which includes, but is not limited to, significant 659 property damage. 660 (2) INVOLUNTARY EXAMINATION.— 661 (a) An involuntary examination may be initiated by any one 662 of the following means: 663 1. A circuit or county court may enter an ex parte order 664 stating that a person appears to meet the criteria for 665 involuntary examination and specifying the findings on which 666 that conclusion is based. The ex parte order for involuntary 667 examination must be based on written or oral sworn testimony 668 that includes specific facts that support the findings. If other 669 less restrictive means are not available, such as voluntary 670 appearance for outpatient evaluation, a law enforcement officer, 671 or other designated agent of the court, shall take the person 672 into custody and deliver him or her to an appropriate, or the 673 nearest, facility within the designated receiving system 674 pursuant to s. 394.462 for involuntary examination. The order of 675 the court shall be made a part of the patient’s clinical record. 676 A fee may not be charged for the filing of an order under this 677 subsection. A facility accepting the patient based on this order 678 must send a copy of the order to the department within 5 working 679 days. The order may be submitted electronically through existing 680 data systems, if available. The order shall be valid only until 681 the person is delivered to the facility or for the period 682 specified in the order itself, whichever comes first. If a time 683 limit is not specified in the order, the order is valid for 7 684 days after the date that the order was signed. 685 2. A law enforcement officer mayshalltake a person who 686 appears to meet the criteria for involuntary examination into 687 custody and deliver the person or have him or her delivered to 688 an appropriate, or the nearest, facility within the designated 689 receiving system pursuant to s. 394.462 for examination. The 690 officer shall execute a written report detailing the 691 circumstances under which the person was taken into custody, 692 which must be made a part of the patient’s clinical record. Any 693 facility accepting the patient based on this report must send a 694 copy of the report to the department within 5 working days. 695 3. A physician, a clinical psychologist, a psychiatric 696 nurse, an advanced practice registered nurse registered under s. 697 464.0123, a mental health counselor, a marriage and family 698 therapist, or a clinical social worker may execute a certificate 699 stating that he or she has examined a person within the 700 preceding 48 hours and finds that the person appears to meet the 701 criteria for involuntary examination and stating the 702 observations upon which that conclusion is based. If other less 703 restrictive means, such as voluntary appearance for outpatient 704 evaluation, are not available, a law enforcement officer shall 705 take into custody the person named in the certificate and 706 deliver him or her to the appropriate, or nearest, facility 707 within the designated receiving system pursuant to s. 394.462 708 for involuntary examination. The law enforcement officer shall 709 execute a written report detailing the circumstances under which 710 the person was taken into custody. The report and certificate 711 shall be made a part of the patient’s clinical record. Any 712 facility accepting the patient based on this certificate must 713 send a copy of the certificate to the department within 5 714 working days. The document may be submitted electronically 715 through existing data systems, if applicable. 716 717 When sending the order, report, or certificate to the 718 department, a facility shall, at a minimum, provide information 719 about which action was taken regarding the patient under 720 paragraph (g), which information shall also be made a part of 721 the patient’s clinical record. 722 (g) The examination period must be for up to 72 hours. For 723 a minor, the examination shall be initiated within 12 hours 724 after the patient’s arrival at the facility. The facility must 725 inform the department of any person who has been examined or 726 committed three or more times under this chapter within a 12 727 month period. Within the examination period or, if the 728 examination period ends on a weekend or holiday, no later than 729 the next working day thereafter, one of the following actions 730 must be taken, based on the individual needs of the patient: 731 1. The patient shall be released, unless he or she is 732 charged with a crime, in which case the patient shall be 733 returned to the custody of a law enforcement officer; 734 2. The patient shall be released, subject to subparagraph 735 1., for voluntary outpatient treatment; 736 3. The patient, unless he or she is charged with a crime, 737 shall be asked to give express and informed consent to placement 738 as a voluntary patient and, if such consent is given, the 739 patient shall be admitted as a voluntary patient; or 740 4. A petition for involuntary services shall be filed in 741 the circuit courtif inpatient treatment is deemed necessaryor 742 with the criminal county court, as described in s. 394.4655 743defined in s. 394.4655(1), as applicable. When inpatient 744 treatment is deemed necessary, the least restrictive treatment 745 consistent with the optimum improvement of the patient’s 746 condition shall be made available. The petitionWhen a petition747is to be filed for involuntary outpatient placement, it shall be748filed by one of the petitioners specified in s. 394.4655(4)(a).749A petition for involuntary inpatient placementshall be filed by 750 the facility administrator. 751 (h) A person for whom an involuntary examination has been 752 initiated who is being evaluated or treated at a hospital for an 753 emergency medical condition specified in s. 395.002 must be 754 examined by a facility within the examination period specified 755 in paragraph (g). The examination period begins when the patient 756 arrives at the hospital and ceases when the attending physician 757 documents that the patient has an emergency medical condition. 758 If the patient is examined at a hospital providing emergency 759 medical services by a professional qualified to perform an 760 involuntary examination and is found as a result of that 761 examination not to meet the criteria for involuntary outpatient 762 services pursuant to s. 394.4655s. 394.4655(2)or involuntary 763 inpatient placement pursuant to s. 394.467(1), the patient may 764 be offered voluntary services or placement, if appropriate, or 765 released directly from the hospital providing emergency medical 766 services. The finding by the professional that the patient has 767 been examined and does not meet the criteria for involuntary 768 inpatient services or involuntary outpatient placement must be 769 entered into the patient’s clinical record. This paragraph is 770 not intended to prevent a hospital providing emergency medical 771 services from appropriately transferring a patient to another 772 hospital before stabilization if the requirements of s. 773 395.1041(3)(c) have been met. 774 (5) UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND 775 TREATMENT; PENALTIES.— 776 (a) Knowingly furnishing false information for the purpose 777 of obtaining emergency or other involuntary admission for any 778 person is a misdemeanor of the first degree, punishable as 779 provided in s. 775.082 and by a fine not exceeding $5,000. 780 (b) Causing or otherwise securing, or conspiring with or 781 assisting another to cause or secure, without reason for 782 believing a person to be impaired, any emergency or other 783 involuntary procedure for the person is a misdemeanor of the 784 first degree, punishable as provided in s. 775.082 and by a fine 785 not exceeding $5,000. 786 (c) Causing, or conspiring with or assisting another to 787 cause, the denial to any person of any right accorded pursuant 788 to this chapter is a misdemeanor of the first degree, punishable 789 as provided in s. 775.082 and by a fine not exceeding $5,000. 790 Section 10. Section 394.4655, Florida Statutes, is amended 791 to read: 792 (Substantial rewording of section. See 793 s. 394.4655, F.S., for present text.) 794 394.4655 Involuntary outpatient services.— 795 (1)(a) The court may order a respondent into outpatient 796 treatment for up to 6 months if, during a hearing under s. 797 394.467, it is established that the respondent meets involuntary 798 placement criteria and: 799 1. Has been jailed or incarcerated, has been involuntarily 800 admitted to a receiving or treatment facility as defined in s. 801 394.455, or has received mental health services in a forensic or 802 correctional facility at least twice during the last 36 months; 803 2. The outpatient treatment is provided in the county in 804 which the respondent resides or, if being placed from a state 805 treatment facility, will reside; and 806 3. The respondent’s treating physician certifies, within a 807 reasonable degree of medical probability, that the respondent: 808 a. Can be appropriately treated on an outpatient basis; and 809 b. Can follow a prescribed treatment plan. 810 (b) For the duration of his or her treatment, the 811 respondent must be supported by a social worker or case manager 812 of the outpatient provider, or a willing, able, and responsible 813 individual appointed by the court who must inform the court, 814 state attorney, and public defender of any failure by the 815 respondent to comply with his or her outpatient program. 816 (2) The court shall retain jurisdiction over the case and 817 parties for the entry of such further orders after a hearing as 818 the circumstances may require. Such jurisdiction includes, but 819 is not limited to, ordering inpatient treatment to stabilize a 820 respondent who decompensates during his or her up to 6-month 821 period of court-ordered treatment and meets the commitment 822 criteria of s. 394.467. 823 (3) A criminal county court exercising its original 824 jurisdiction in a misdemeanor case under s. 34.01 may order a 825 person who meets the commitment criteria into involuntary 826 outpatient services. 827 Section 11. Subsections (1) and (5) and paragraphs (a), 828 (b), and (c) of subsection (6) of section 394.467, Florida 829 Statutes, are amended to read: 830 394.467 Involuntary inpatient placement.— 831 (1) CRITERIA.—A person may be ordered for involuntary 832 inpatient placement for treatment upon a finding of the court by 833 clear and convincing evidence that: 834 (a) He or she has a mental illness and because of his or 835 her mental illness: 836 1.a. He or she has refused voluntary inpatient placement 837 for treatment after sufficient and conscientious explanation and 838 disclosure of the purpose of inpatient placement for treatment; 839 or 840 b. He or she is unable to determine for himself or herself 841 whether inpatient placement is necessary; and 842 2.a. He or she is incapable of surviving alone or with the 843 help of willing, able, and responsible family or friends, 844 including available alternative services, and, without 845 treatment, is likely to suffer from neglect or refuse to care 846 for himself or herself, and such neglect or refusal poses a real 847 and present threat of substantial harm to his or her well-being; 848 or 849 b. There is substantial likelihood that in the near future 850 and without services he or she will inflict seriousbodilyharm 851 toonself or others, as evidenced by recent acts, omissions, or 852 behavior causing, attempting, or threatening such harm, which 853 includes, but is not limited to, significant property damage; 854 and 855 (b) All available less restrictive treatment alternatives 856 that would offer an opportunity for improvement of his or her 857 condition have been judged to be inappropriate. 858 (5) CONTINUANCE OF HEARING.—The patient and the state are 859 independently entitledis entitled, with the concurrence of the860patient’s counsel,to at least one continuance of the hearing. 861 The patient’s continuance may be for a period offorup to 4 862 weeks and requires the concurrence of his or her counsel. The 863 state’s continuance may be for a period of up to 5 court working 864 days and requires a showing of good cause and due diligence by 865 the state before requesting the continuance. The state’s failure 866 to timely review any readily available document or failure to 867 attempt to contact a known witness does not warrant a 868 continuance. 869 (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.— 870 (a)1. The court shall hold the hearing on involuntary 871 inpatient placement within 5 court working days, unless a 872 continuance is granted. 873 2. Except for good cause documented in the court file, the 874 hearing must be held in the county or the facility, as 875 appropriate, where the patient is located, must be as convenient 876 to the patient as is consistent with orderly procedure, and 877 shall be conducted in physical settings not likely to be 878 injurious to the patient’s condition. If the court finds that 879 the patient’s attendance at the hearing is not consistent with 880 the best interests of, or is likely to be injurious to, the 881 patient, or the patient knowingly, intelligently, and 882 voluntarily waives his or her right to be present, and the 883 patient’s counsel does not object, the court may waive the 884 presence of the patient from all or any portion of the hearing. 885 Absent a showing of good cause, such as specific symptoms of the 886 respondent’s condition, the court may permit all witnesses, 887 including, but not limited to, any medical professionals or 888 personnel who are or have been involved with the patient’s 889 treatment, to remotely attend and testify at the hearing under 890 oath via the most appropriate and convenient technological 891 method of communication available to the court, including, but 892 not limited to, teleconference. Any witness intending to 893 remotely attend and testify at the hearing must provide the 894 parties with all relevant documents by the close of business on 895 the day before the hearing. The state attorney for the circuit 896 in which the patient is located shall represent the state, 897 rather than the petitioning facility administrator, as the real 898 party in interest in the proceeding. The facility shall make the 899 respondent’s clinical records available to the state attorney 900 within 24 hours of the involuntary placement petition’s filing 901 so that the state can evaluate and prepare its case before the 902 hearing. However, these records shall remain confidential, and 903 the state attorney may not use any record obtained under this 904 part for criminal investigation or prosecution purposes, or for 905 any purpose other than the patient’s civil commitment under this 906 chapter. 907 3. The court may appoint a magistrate to preside at the 908 hearing on the petition and any ancillary proceedings thereto, 909 which include, but are not limited to, writs of habeas corpus 910 issued pursuant to s. 394.459(8). One of the professionals who 911 executed the petition for involuntary inpatient placement 912 certificate shall be a witness. The court shall allow testimony 913 deemed relevant by the court under state law from individuals, 914 including family members, regarding the person’s prior history 915 and how that history relates to the person’s current condition. 916 The patient and the patient’s guardian or representative shall 917 be informed by the court of the right to an independent expert 918 examination. If the patient cannot afford such an examination, 919 the court shall ensure that one is provided, as otherwise 920 provided for by law. The independent expert’s report is 921 confidential and not discoverable, unless the expert is to be 922 called as a witness for the patient at the hearing. The 923 testimony in the hearing must be given under oath, and the 924 proceedings must be recorded. The patient may refuse to testify 925 at the hearing. 926 (b) If the court concludes that the patient meets the 927 criteria for involuntary inpatient placement, it may order that 928 the patient be transferred to a treatment facility or, if the 929 patient is at a treatment facility, that the patient be retained 930 there or be treated at any other appropriate facility, or that 931 the patient receive services, on an involuntary basis, for up to 93290 days. However, any order for involuntary mental health933services in a treatment facility may be for up to6 months. The 934 order shall specify the nature and extent of the patient’s 935 mental illness, and, unless the patient has transferred to a 936 voluntary status, the facility must discharge the patient at any 937 time he or she no longer meets the criteria for involuntary 938 inpatient treatment. The court may not order an individual with 939 a developmental disability as defined in s. 393.063, traumatic 940 brain injury, or dementia who lacks a co-occurring mental 941 illness to be involuntarily placed in a state treatment 942 facility. These individuals must be referred to the Agency for 943 Persons with Disabilities or the Department of Elderly Affairs 944 for further evaluation and the provision of appropriate services 945 for their individual needs. In addition, if it reasonably 946 appears that the individual with developmental disabilities, 947 traumatic brain injury, or dementia would be found incapacitated 948 under chapter 744 and the individual does not already have a 949 legal guardian, the facility must inform the department and any 950 known next of kin and initiate guardianship proceedings. 951 Provided that the facility is attempting to locate appropriate 952 placement while the guardianship hearing is pending, the 953 facility may hold the individual until the petition to appoint a 954 guardian is adjudicated by the court and placement is secured. 955The facility shall discharge a patient any time the patient no956longer meets the criteria for involuntary inpatient placement,957unless the patient has transferred to voluntary status.958 (c) If at any time before the conclusion of the involuntary 959 placement hearingon involuntary inpatient placementit appears 960 to the court that the person does not meet the criteria offor961involuntary inpatient placement underthis section, but instead 962 meets the criteria for involuntaryoutpatient services, the963court may order the person evaluated for involuntary outpatient964services pursuant to s. 394.4655. The petition and hearing965procedures set forth in s. 394.4655 shall apply. If the person966instead meets the criteria for involuntary assessment,967protective custody, or involuntaryadmission or treatment 968 pursuant to s. 397.675,thenthe court may order the person to 969 be admitted for involuntary assessmentfor a period of 5 days970 pursuant to s. 397.6957s. 397.6811. Thereafter, all proceedings 971 are governed by chapter 397. 972 Section 12. Subsection (3) of section 394.495, Florida 973 Statutes, is amended to read: 974 394.495 Child and adolescent mental health system of care; 975 programs and services.— 976 (3) Assessments must be performed by: 977 (a) A clinical psychologist, clinical social worker, 978 physician, psychiatric nurse, or psychiatrist as those terms are 979 defined in s. 394.455professional as defined in s. 394.455(5),980(7), (33), (36), or (37); 981 (b) A professional licensed under chapter 491; or 982 (c) A person who is under the direct supervision of a 983 clinical psychologist, clinical social worker, physician, 984 psychiatric nurse, or psychiatrist as those terms are defined in 985 s. 394.455qualified professional as defined in s. 394.455(5),986(7), (33), (36), or (37)or a professional licensed under 987 chapter 491. 988 Section 13. Subsection (5) of section 394.496, Florida 989 Statutes, is amended to read: 990 394.496 Service planning.— 991 (5) A clinical psychologist, clinical social worker, 992 physician, psychiatric nurse, or psychiatrist as those terms are 993 defined in s. 394.455professional as defined in s. 394.455(5),994(7),(33), (36), or (37)or a professional licensed under 995 chapter 491 must be included among those persons developing the 996 services plan. 997 Section 14. Paragraph (a) of subsection (2) of section 998 394.499, Florida Statutes, is amended to read: 999 394.499 Integrated children’s crisis stabilization 1000 unit/juvenile addictions receiving facility services.— 1001 (2) Children eligible to receive integrated children’s 1002 crisis stabilization unit/juvenile addictions receiving facility 1003 services include: 1004 (a) A person under 18 years of age for whom voluntary 1005 application is made by his or her parent or legal guardian, if 1006 such person is found to show evidence of mental illness and to 1007 be suitable for treatment pursuant to s. 394.4625. A person 1008 under 18 years of age may be admitted for integrated facility 1009 services only after a hearing to verify that the consent to 1010 admission is voluntary is conducted pursuant to s. 394.4625. 1011 Section 15. Subsection (6) of section 394.9085, Florida 1012 Statutes, is amended to read: 1013 394.9085 Behavioral provider liability.— 1014 (6) For purposes of this section, the terms “detoxification 1015 services,” “addictions receiving facility,” and “receiving 1016 facility” have the same meanings as those provided in ss. 1017 397.311(26)(a)4.397.311(26)(a)3., 397.311(26)(a)1., and 394.455 1018394.455(40), respectively. 1019 Section 16. Subsection (3) of section 397.305, Florida 1020 Statutes, is amended to read: 1021 397.305 Legislative findings, intent, and purpose.— 1022 (3) It is the purpose of this chapter to provide for a 1023 comprehensive continuum of accessible and quality substance 1024 abuse prevention, intervention, clinical treatment, and recovery 1025 support services in the most appropriate and least restrictive 1026 environment which promotes long-term recovery while protecting 1027 and respecting the rights of individuals, primarily through 1028 community-based private not-for-profit providers working with 1029 local governmental programs involving a wide range of agencies 1030 from both the public and private sectors. 1031 Section 17. Present subsections (29) through (36) and (37) 1032 through (50) of section 397.311, Florida Statutes, are 1033 redesignated as subsections (30) through (37) and (39) through 1034 (52), respectively, new subsections (29) and (38) are added to 1035 that section, and subsections (19) and (23) of that section are 1036 amended, to read: 1037 397.311 Definitions.—As used in this chapter, except part 1038 VIII, the term: 1039 (19) “Impaired” or “substance abuse impaired” means having 1040 a substance use disorder or a condition involving the use of 1041 alcoholic beverages, illicit or prescription drugs, or any 1042 psychoactive or mood-altering substance in such a manner as to 1043 induce mental, emotional, or physical problems orandcause 1044 socially dysfunctional behavior. 1045 (23) “Involuntary treatment services” means an array of 1046 behavioral health services that may be ordered by the court for 1047 persons with substance abuse impairment or co-occurring 1048 substance abuse impairment and mental health disorders. 1049 (29) “Neglect or refuse to care for himself or herself” 1050 includes, but is not limited to, evidence that a person: 1051 (a) Is unable to satisfy basic needs for nourishment, 1052 clothing, medical care, shelter, or safety, in a manner that 1053 creates a substantial probability of imminent death, serious 1054 physical debilitation, or disease; or 1055 (b) Is substantially unable to make an informed treatment 1056 choice and needs care or treatment to prevent deterioration. 1057 (38) “Real and present threat of substantial harm” 1058 includes, but is not limited to, evidence of a substantial 1059 probability that the untreated person will: 1060 (a) Lack, refuse, or not receive services for health and 1061 safety which are actually available in the community; or 1062 (b) Suffer severe mental, emotional, or physical harm that 1063 will result in the loss of his or her ability to function in the 1064 community or the loss of cognitive or volitional control over 1065 thoughts or actions. 1066 Section 18. Section 397.416, Florida Statutes, is amended 1067 to read: 1068 397.416 Substance abuse treatment services; qualified 1069 professional.—Notwithstanding any other provision of law, a 1070 person who was certified through a certification process 1071 recognized by the former Department of Health and Rehabilitative 1072 Services before January 1, 1995, may perform the duties of a 1073 qualified professional with respect to substance abuse treatment 1074 services as defined in this chapter, and need not meet the 1075 certification requirements contained in s. 397.311(36)s.1076397.311(35). 1077 Section 19. Subsection (11) is added to section 397.501, 1078 Florida Statutes, to read: 1079 397.501 Rights of individuals.—Individuals receiving 1080 substance abuse services from any service provider are 1081 guaranteed protection of the rights specified in this section, 1082 unless otherwise expressly provided, and service providers must 1083 ensure the protection of such rights. 1084 (11) POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, the 1085 facility must inform a respondent with a serious substance use 1086 disorder of the essential elements of recovery and provide 1087 assistance with accessing a continuum of care regimen. The 1088 department may adopt rules specifying the services that may be 1089 provided to such respondents. 1090 Section 20. Section 397.675, Florida Statutes, is amended 1091 to read: 1092 397.675 Criteria for involuntary admissions, including 1093 protective custody, emergency admission, and other involuntary 1094 assessment, involuntary treatment, and alternative involuntary 1095 assessment for minors, for purposes of assessment and 1096 stabilization, and for involuntary treatment.—A person meets the 1097 criteria for involuntary admission if there is good faith reason 1098 to believe that the person is substance abuse impaired or has a 1099 substance use disorder and a co-occurring mental health disorder 1100 and, because of such impairment or disorder: 1101 (1) Has lost the power of self-control with respect to 1102 substance abuse, or has a history of noncompliance with 1103 substance abuse treatment with continued substance use;and1104 (2)(a)Is in need of substance abuse services and, by 1105 reason of substance abuse impairment, his or her judgment has 1106 been so impaired that he or she is refusing voluntary care after 1107 a sufficient and conscientious explanation and disclosure of the 1108 purpose for such services, or is incapable of appreciating his 1109 or her need for such services and of making a rational decision 1110 in that regard, although mere refusal to receive such services 1111 does not constitute evidence of lack of judgment with respect to 1112 his or her need for such services; andor1113 (3)(a)(b)Without care or treatment, is likely to suffer 1114 from neglect or refuse to care for himself or herself; that such 1115 neglect or refusal poses a real and present threat of 1116 substantial harm to his or her well-being; and that it is not 1117 apparent that such harm may be avoided through the help of 1118 willing, able, and responsible family members or friends or the 1119 provision of other services;,or 1120 (b) There is substantial likelihood that in the near future 1121 and without services, the person will inflict serious harm to 1122 self or others, as evidenced by recent acts, omissions, or 1123 behavior causing, attempting, or threatening such harm, which 1124 includes, but is not limited to, significant property damagehas1125inflicted, or threatened to or attempted to inflict, or, unless1126admitted, is likely to inflict, physical harm on himself,1127herself, or another. 1128 Section 21. Subsection (1) of section 397.6751, Florida 1129 Statutes, is amended to read: 1130 397.6751 Service provider responsibilities regarding 1131 involuntary admissions.— 1132 (1) It is the responsibility of the service provider to: 1133 (a) Ensure that a person who is admitted to a licensed 1134 service component meets the admission criteria specified in s. 1135 397.675; 1136 (b) Ascertain whether the medical and behavioral conditions 1137 of the person, as presented, are beyond the safe management 1138 capabilities of the service provider; 1139 (c) Provide for the admission of the person to the service 1140 component that represents the most appropriate and least 1141 restrictive available setting that is responsive to the person’s 1142 treatment needs; 1143 (d) Verify that the admission of the person to the service 1144 component does not result in a census in excess of its licensed 1145 service capacity; 1146 (e) Determine whether the cost of services is within the 1147 financial means of the person or those who are financially 1148 responsible for the person’s care; and 1149 (f) Take all necessary measures to ensure that each 1150 individual in treatment is provided with a safe environment, and 1151 to ensure that each individual whose medical condition or 1152 behavioral problem becomes such that he or she cannot be safely 1153 managed by the service component is discharged and referred to a 1154 more appropriate setting for care. 1155 Section 22. Section 397.681, Florida Statutes, is amended 1156 to read: 1157 397.681 Involuntary petitions; general provisions; court 1158 jurisdiction and right to counsel.— 1159 (1) JURISDICTION.—The courts have jurisdiction of 1160involuntary assessment and stabilization petitions and1161 involuntary treatment petitions for substance abuse impaired 1162 persons, and such petitions must be filed with the clerk of the 1163 court in the county where the person is located or resides. The 1164 clerk of the court may not charge a fee for the filing of a 1165 petition under this section. The chief judge may appoint a 1166 general or special magistrate to preside over all or part of the 1167 proceedings related to the petition or any ancillary matters 1168 thereto, which include, but are not limited to, writs of habeas 1169 corpus issued pursuant to s. 397.501(9). The alleged impaired 1170 person is named as the respondent. 1171 (2) RIGHT TO COUNSEL.—A respondent has the right to counsel 1172 at every stage of a proceeding relating to a petition for his or 1173 herinvoluntary assessment and a petition for his or her1174 involuntary treatment for substance abuse impairment. A 1175 respondent who desires counsel and is unable to afford private 1176 counsel has the right to court-appointed counsel and to the 1177 benefits of s. 57.081. If the court believes that the respondent 1178 needs the assistance of counsel, the court shall appoint such 1179 counsel for the respondent without regard to the respondent’s 1180 wishes. If the respondent is a minor not otherwise represented 1181 in the proceeding, the court shall immediately appoint a 1182 guardian ad litem to act on the minor’s behalf. 1183 (3) STATE REPRESENTATIVE.—Subject to legislative 1184 appropriation, for all court-involved involuntary proceedings 1185 under this chapter in which the petitioner has not retained 1186 private counsel, the state attorney for the circuit in which the 1187 respondent is located shall represent the state rather than the 1188 petitioner as the real party of interest in the proceeding, but 1189 the petitioner has the right to be heard. Furthermore, the state 1190 attorney may not use any record obtained under this part for 1191 criminal investigation or prosecution purposes, or for any 1192 purpose other than the respondent’s civil commitment under this 1193 chapter. Any record obtained under this subsection must remain 1194 confidential. 1195 Section 23. Section 397.6811, Florida Statutes, is 1196 repealed. 1197 Section 24. Section 397.6814, Florida Statutes, is 1198 repealed. 1199 Section 25. Section 397.6815, Florida Statutes, is 1200 repealed. 1201 Section 26. Section 397.6818, Florida Statutes, is 1202 repealed. 1203 Section 27. Section 397.6819, Florida Statutes, is 1204 repealed. 1205 Section 28. Section 397.6821, Florida Statutes, is 1206 repealed. 1207 Section 29. Section 397.6822, Florida Statutes, is 1208 repealed. 1209 Section 30. Section 397.693, Florida Statutes, is amended 1210 to read: 1211 397.693 Involuntary treatment.—A person may be the subject 1212 of a petition for court-ordered involuntary treatment pursuant 1213 to this part,if that person: 1214 (1) Reasonably appears to meetmeetsthe criteria for 1215 involuntary admission provided in s. 397.675;and:1216 (2)(1)Has been placed under protective custody pursuant to 1217 s. 397.677 within the previous 10 days; 1218 (3)(2)Has been subject to an emergency admission pursuant 1219 to s. 397.679 within the previous 10 days; or 1220 (4)(3)Has been assessed by a qualified professional within 1221 305days;1222(4)Has been subject to involuntary assessment and1223stabilization pursuant to s. 397.6818 within the previous 121224days; or1225(5)Has been subject to alternative involuntary admission1226pursuant to s. 397.6822 within the previous 12 days. 1227 Section 31. Section 397.695, Florida Statutes, is amended 1228 to read: 1229 397.695 Involuntary treatment services; persons who may 1230 petition.— 1231 (1) If the respondent is an adult, a petition for 1232 involuntary treatment services may be filed by the respondent’s 1233 spouse or legal guardian, any relative, a service provider, or 1234 an adult who has direct personal knowledge of the respondent’s 1235 substance abuse impairment and his or her prior course of 1236 assessment and treatment. 1237 (2) If the respondent is a minor, a petition for 1238 involuntary treatment may be filed by a parent, legal guardian, 1239 or service provider. 1240 (3) The court or the clerk of the court may waive or 1241 prohibit any service of process fees if a petitioner is 1242 determined to be indigent under s. 57.082. 1243 Section 32. Section 397.6951, Florida Statutes, is amended 1244 to read: 1245 397.6951 Contents of petition for involuntary treatment 1246 services.— 1247 (1) A petition for involuntary treatment services must 1248 contain the name of the respondent; the name of the petitioner 1249or petitioners; the relationship between the respondent and the 1250 petitioner; the name of the respondent’s attorney, if known;the1251findings and recommendations of the assessment performed by the1252qualified professional;and the factual allegations presented by 1253 the petitioner establishing the need for involuntaryoutpatient1254 services for substance abuse impairment. The factual allegations 1255 must demonstrate the reason for the petitioner’s belief that the 1256 respondent: 1257(1)The reason for the petitioner’s belief that the1258respondent is substance abuse impaired;1259 (a)(2)The reason for the petitioner’s belief that because1260of such impairment the respondentHas lost the power of self 1261 control with respect to substance abuse, or has a history of 1262 noncompliance with substance abuse treatment with continued 1263 substance use;and1264 (b) Needs substance abuse services, but his or her judgment 1265 is so impaired by substance abuse that he or she either is 1266 refusing voluntary care after a sufficient and conscientious 1267 explanation and disclosure of the purpose of such services, or 1268 is incapable of appreciating his or her need for such services 1269 and of making a rational decision in that regard; and 1270 (c)1. Without services, is likely to suffer from neglect or 1271 refuse to care for himself or herself; that the neglect or 1272 refusal poses a real and present threat of substantial harm to 1273 his or her well-being; and that it is not apparent that the harm 1274 may be avoided through the help of willing, able, and 1275 responsible family members or friends or the provision of other 1276 services; or 1277 2. There is a substantial likelihood that in the near 1278 future and without services, the respondent will inflict serious 1279 harm to self or others, as evidenced by recent acts, omissions, 1280 or behavior causing, attempting, or threatening such harm, which 1281 includes, but is not limited to, significant property damage 1282(3)(a)The reason the petitioner believes that the1283respondent has inflicted or is likely to inflict physical harm1284on himself or herself or others unless the court orders the1285involuntary services; or1286(b)The reason the petitioner believes that the1287respondent’s refusal to voluntarily receive care is based on1288judgment so impaired by reason of substance abuse that the1289respondent is incapable of appreciating his or her need for care1290and of making a rational decision regarding that need for care. 1291 (2) The petition may be accompanied by a certificate or 1292 report of a qualified professional or a licensed physician who 1293 examined the respondent within 30 days before the petition was 1294 filed. This certificate or report must include the qualified 1295 professional or physician’s findings relating to his or her 1296 assessment of the patient and his or her treatment 1297 recommendations. If the respondent was not assessed before the 1298 filing of a treatment petition or refused to submit to an 1299 evaluation, the lack of assessment or refusal must be noted in 1300 the petition. 1301 (3) If there is an emergency, the petition must also 1302 describe the respondent’s exigent circumstances and include a 1303 request for an ex parte assessment and stabilization order that 1304 must be executed pursuant to s. 397.6955(4). 1305 Section 33. Section 397.6955, Florida Statutes, is amended 1306 to read: 1307 397.6955 Duties of court upon filing of petition for 1308 involuntary treatment services.— 1309 (1) Upon the filing of a petition for involuntary treatment 1310 services for a substance abuse impaired person with the clerk of 1311 the court which does not indicate that the petitioner has 1312 retained private counsel, the clerk must notify the state 1313 attorney’s office. In addition, the court shall immediately 1314 determine whether the respondent is represented by an attorney 1315 or whether the appointment of counsel for the respondent is 1316 appropriate. If, based on the contents of the petition, the 1317 court appoints counsel for the person, the clerk of the court 1318 shall immediately notify the office of criminal conflict and 1319 civil regional counsel, created pursuant to s. 27.511, of the 1320 appointment. The office of criminal conflict and civil regional 1321 counsel shall represent the person until the petition is 1322 dismissed, the court order expires,orthe person is discharged 1323 from involuntary treatment services, or the office is otherwise 1324 discharged by the court. An attorney that represents the person 1325 named in the petition shall have access to the person, 1326 witnesses, and records relevant to the presentation of the 1327 person’s case and shall represent the interests of the person, 1328 regardless of the source of payment to the attorney. 1329 (2) The court shall schedule a hearing to be held on the 1330 petition within 10 court working5days unless a continuance is 1331 granted.The court may appoint a magistrate to preside at the1332hearing.1333 (3) A copy of the petition and notice of the hearing must 1334 be provided to the respondent; the respondent’s parent, 1335 guardian, or legal custodian, in the case of a minor; the 1336 respondent’s attorney, if known; the petitioner; the 1337 respondent’s spouse or guardian, if applicable; and such other 1338 persons as the court may direct. If the respondent is a minor, a 1339 copy of the petition and notice of the hearing must be 1340 personally delivered to the respondent. The clerkcourtshall 1341 also issue a summons to the person whose admission is sought, 1342 and unless a circuit court’s chief judge authorizes 1343 disinterested private process servers to serve parties under 1344 this chapter, a law enforcement agency must effect service for 1345 the initial treatment hearing. 1346 (4)(a) When the petitioner asserts that emergency 1347 circumstances exist, or when upon review of the petition the 1348 court determines that an emergency exists, the court may rely 1349 solely on the contents of the petition and, without the 1350 appointment of an attorney, enter an ex parte order for the 1351 respondent’s involuntary assessment and stabilization which must 1352 be executed during the period when the hearing on the petition 1353 for treatment is pending. The court may further order a law 1354 enforcement officer or other designated agent of the court to: 1355 1. Take the respondent into custody and deliver him or her 1356 to either the nearest appropriate licensed service provider or a 1357 licensed service provider designated by the court to be 1358 evaluated; and 1359 2. Serve the respondent with the notice of hearing and a 1360 copy of the petition. 1361 (b) The service provider must promptly inform the court and 1362 parties of the respondent’s arrival and may not hold the 1363 respondent for longer than 72 hours of observation thereafter, 1364 unless: 1365 1. The service provider seeks additional time under s. 1366 397.6957(1)(c) and the court, after a hearing, grants that 1367 motion; 1368 2. The respondent shows signs of withdrawal, or a need to 1369 be either detoxified or treated for a medical condition, which 1370 shall extend the amount of time the respondent may be held for 1371 observation until the issue is resolved; or 1372 3. The original or extended observation period ends on a 1373 weekend or holiday, in which case the provider may hold the 1374 respondent until the next court working day. 1375 (c) If the ex parte order was not executed by the initial 1376 hearing date, it shall be deemed void. However, should the 1377 respondent not appear at the hearing for any reason, including 1378 lack of service, and upon reviewing the petition, testimony, and 1379 evidence presented, the court reasonably believes the respondent 1380 meets this chapter’s commitment criteria and that a substance 1381 abuse emergency exists, the court may issue or reissue an ex 1382 parte assessment and stabilization order that is valid for 90 1383 days. If the respondent’s location is known at the time of the 1384 hearing, the court: 1385 1. Shall continue the case for no more than 10 court 1386 working days; and 1387 2. May order a law enforcement officer or other designated 1388 agent of the court to: 1389 a. Take the respondent into custody and deliver him or her 1390 to be evaluated either by the nearest appropriate licensed 1391 service provider or by a licensed service provider designated by 1392 the court; and 1393 b. If a hearing date is set, serve the respondent with 1394 notice of the rescheduled hearing and a copy of the involuntary 1395 treatment petition if the respondent has not already been 1396 served. 1397 1398 Otherwise, the petitioner and the service provider must promptly 1399 inform the court that the respondent has been assessed so that 1400 the court may schedule a hearing as soon as practicable. The 1401 service provider must serve the respondent, before his or her 1402 discharge, with the notice of hearing and a copy of the 1403 petition. However, if the respondent has not been assessed 1404 within 90 days, the court must dismiss the case. 1405 Section 34. Section 397.6957, Florida Statutes, is amended 1406 to read: 1407 397.6957 Hearing on petition for involuntary treatment 1408 services.— 1409 (1)(a) The respondent must be present at a hearing on a 1410 petition for involuntary treatment services unless he or she 1411 knowingly, intelligently, and voluntarily waives his or her 1412 right to be present or, upon receiving proof of service and 1413 evaluating the circumstances of the case, the court finds that 1414 his or her presence is inconsistent with his or her best 1415 interests or is likely to be injurious to himself or herself or 1416 others.,The court shall hear and review all relevant evidence, 1417 including testimony from individuals such as family members 1418 familiar with the respondent’s prior history and how it relates 1419 to his or her current condition, and thereview ofresults of 1420 the assessment completed by the qualified professional in 1421 connection with this chapter. The court may also order drug 1422 tests. Absent a showing of good cause, such as specific symptoms 1423 of the respondent’s condition, the court may permit all 1424 witnesses, such as any medical professionals or personnel who 1425 are or have been involved with the respondent’s treatment, to 1426 remotely attend and testify at the hearing under oath via the 1427 most appropriate and convenient technological method of 1428 communication available to the court, including, but not limited 1429 to, teleconference. Any witness intending to remotely attend and 1430 testify at the hearing must provide the parties with all 1431 relevant documents by the close of business on the day before 1432 the hearingthe respondent’s protective custody, emergency1433admission, involuntary assessment, or alternative involuntary1434admission. The respondent must be present unless the court finds1435that his or her presence is likely to be injurious to himself or1436herself or others, in which event the court must appoint a1437guardian advocate to act in behalf of the respondent throughout1438the proceedings. 1439 (b) A respondent cannot be involuntarily ordered into 1440 treatment under this chapter without a clinical assessment being 1441 performed, unless he or she is present in court and expressly 1442 waives the assessment. In nonemergency situations, if the 1443 respondent was not, or had previously refused to be, assessed by 1444 a qualified professional and, based on the petition, testimony, 1445 and evidence presented, it reasonably appears that the 1446 respondent qualifies for involuntary treatment services, the 1447 court shall issue an involuntary assessment and stabilization 1448 order to determine the appropriate level of treatment the 1449 respondent requires. Additionally, in cases where an assessment 1450 was attached to the petition, the respondent may request, or the 1451 court on its own motion may order, an independent assessment by 1452 a court-appointed physician or an otherwise agreed-upon 1453 physician. If an assessment order is issued, it is valid for 90 1454 days, and if the respondent is present or there is either proof 1455 of service or his or her location is known, the involuntary 1456 treatment hearing shall be continued for no more than 10 court 1457 working days. Otherwise, the petitioner and the service provider 1458 must promptly inform the court that the respondent has been 1459 assessed so that the court may schedule a hearing as soon as 1460 practicable. The service provider shall then serve the 1461 respondent, before his or her discharge, with the notice of 1462 hearing and a copy of the petition. The assessment must occur 1463 before the new hearing date, and if there is evidence indicating 1464 that the respondent will not voluntarily appear at the 1465 forthcoming hearing, or is a danger to self or others, the court 1466 may enter a preliminary order committing the respondent to an 1467 appropriate treatment facility for further evaluation until the 1468 date of the rescheduled hearing. However, if after 90 days the 1469 respondent remains unassessed, the court shall dismiss the case. 1470 (c)1. The respondent’s assessment by a qualified 1471 professional must occur within 72 hours after his or her arrival 1472 at a licensed service provider unless he or she shows signs of 1473 withdrawal or a need to be either detoxified or treated for a 1474 medical condition, which shall extend the amount of time the 1475 respondent may be held for observation until that issue is 1476 resolved. If the person conducting the assessment is not a 1477 licensed physician, the assessment must be reviewed by a 1478 licensed physician within the 72-hour period. If the respondent 1479 is a minor, such assessment must be initiated within the first 1480 12 hours after the minor’s admission to the facility. The 1481 service provider may also move to extend the 72 hours of 1482 observation by petitioning the court in writing for additional 1483 time. The service provider must furnish copies of such motion to 1484 all parties in accordance with applicable confidentiality 1485 requirements, and, after a hearing, the court may grant 1486 additional time or expedite the respondent’s involuntary 1487 treatment hearing. The involuntary treatment hearing, however, 1488 may be expedited only by agreement of the parties on the hearing 1489 date or if there is notice and proof of service as provided in 1490 s. 397.6955 (1) and (3). If the court grants the service 1491 provider’s petition, the service provider may hold the 1492 respondent until its extended assessment period expires or until 1493 the expedited hearing date. However, if the original or extended 1494 observation period ends on a weekend or holiday, the provider 1495 may hold the respondent until the next court working day. 1496 2. Upon the completion of his or her report, the qualified 1497 professional, in accordance with applicable confidentiality 1498 requirements, shall provide copies to the court and all relevant 1499 parties and counsel. This report must contain a recommendation 1500 on the level, if any, of substance abuse and, if applicable, co 1501 occurring mental health treatment the respondent requires. The 1502 qualified professional’s failure to include a treatment 1503 recommendation, much like a recommendation of no treatment, 1504 shall result in the petition’s dismissal. 1505 (d) The court may order a law enforcement officer or other 1506 designated agent of the court to take the respondent into 1507 custody and transport him or her to or from the treating or 1508 assessing service provider and the court for his or her hearing. 1509 (2) The petitioner has the burden of proving by clear and 1510 convincing evidence that: 1511 (a) The respondent is substance abuse impaired, has lost 1512 the power of self-control with respect to substance abuse, or 1513andhas a history of lack of compliance with treatment for 1514 substance abuse with continued substance use;and1515 (b) Because of such impairment, the respondent is unlikely 1516 to voluntarily participate in the recommended services after 1517 sufficient and conscientious explanation and disclosure of their 1518 purpose, or is unable to determine for himself or herself 1519 whether services are necessary and make a rational decision in 1520 that regard; and:1521 (c)1. Without services, the respondent is likely to suffer 1522 from neglect or refuse to care for himself or herself; that such 1523 neglect or refusal poses a real and present threat of 1524 substantial harm to his or her well-being; and that it is not 1525 apparent that such harm may be avoided through the help of 1526 willing, able, and responsible family members or friends or the 1527 provision of other services; or 1528 2. There is a substantial likelihood that in the near 1529 future and without services, the respondent will inflict serious 1530 harm to self or others, as evidenced by recent acts, omissions, 1531 or behavior causing, attempting, or threatening such harm, which 1532 includes, but is not limited to, significant property damage 1533cause serious bodily harm to himself, herself, or another in the1534near future, as evidenced by recent behavior; or15352.The respondent’s refusal to voluntarily receive care is1536based on judgment so impaired by reason of substance abuse that1537the respondent is incapable of appreciating his or her need for1538care and of making a rational decision regarding that need for1539care. 1540 (3)One of the qualified professionals who executed the1541involuntary services certificate must be a witness. The court1542shall allow testimony from individuals, including family1543members, deemed by the court to be relevant under state law,1544regarding the respondent’s prior history and how that prior1545history relates to the person’s current condition. TheTestimony 1546 in the hearing must be taken under oath, and the proceedings 1547 must be recorded. The respondentpatientmay refuse to testify 1548 at the hearing. 1549 (4) If at any point during the hearing the court has reason 1550 to believe that the respondent, due to mental illness other than 1551 or in addition to substance abuse impairment, is likely to 1552 neglect or injure himself, herself, or another if allowed to 1553 remain at liberty, or otherwise meets the involuntary commitment 1554 provisions of part I of chapter 394, the court may initiate 1555 involuntary examination proceedings under such provisions. 1556 (5)(4)At the conclusion of the hearing, the court shall 1557 either dismiss the petition or order the respondent to receive 1558 involuntary treatment services from his or her chosen licensed 1559 service provider if possible and appropriate. Any treatment 1560 order must include findings regarding the respondent’s need for 1561 treatment and the appropriateness of other less restrictive 1562 alternatives. 1563 Section 35. Section 397.697, Florida Statutes, is amended 1564 to read: 1565 397.697 Court determination; effect of court order for 1566 involuntary treatment services.— 1567 (1)(a) When the court finds that the conditions for 1568 involuntary treatment services have been proved by clear and 1569 convincing evidence, it may order the respondent to receive 1570 involuntary treatment services from a publicly funded licensed 1571 service provider for a period not to exceed 90 days. The court 1572 may also order a respondent to undergo treatment through a 1573 privately funded licensed service provider if the respondent has 1574 the ability to pay for the treatment, or if any person on the 1575 respondent’s behalf voluntarily demonstrates a willingness and 1576 an ability to pay for the treatment. If the court finds it 1577 necessary, it may direct the sheriff to take the respondent into 1578 custody and deliver him or her to the licensed service provider 1579 specified in the court order, or to the nearest appropriate 1580 licensed service provider, for involuntary treatment services. 1581 When the conditions justifying involuntary treatment services no 1582 longer exist, the individual must be released as provided in s. 1583 397.6971. When the conditions justifying involuntary treatment 1584 services are expected to exist after 90 days of treatment 1585 services, a renewal of the involuntary treatment services order 1586 may be requested pursuant to s. 397.6975 before the end of the 1587 90-day period. 1588 (b) To qualify for involuntary outpatient treatment, an 1589 individual must be supported by a social worker or case manager 1590 of a licensed service provider or a willing, able, and 1591 responsible individual appointed by the court who shall inform 1592 the court and parties if the respondent fails to comply with his 1593 or her outpatient program. In addition, unless the respondent 1594 has been involuntarily ordered into inpatient treatment under 1595 this chapter at least twice during the last 36 months, or 1596 demonstrates the ability to substantially comply with the 1597 outpatient treatment while waiting for residential placement to 1598 become available, he or she must receive an assessment from a 1599 qualified professional or licensed physician expressly 1600 recommending outpatient services, such services must be 1601 available in the county in which the respondent is located, and 1602 it must appear likely that the respondent will follow a 1603 prescribed outpatient care plan. 1604 (2) In all cases resulting in an order for involuntary 1605 treatment services, the court shall retain jurisdiction over the 1606 case and the parties for the entry of such further orders as the 1607 circumstances may require, including, but not limited to, 1608 monitoring compliance with treatment, changing the treatment 1609 modality, or initiating contempt of court proceedings for 1610 violating any valid order issued pursuant to this chapter. 1611 Hearings under this section may be set by motion of the parties 1612 or under the court’s own authority, and the motion and notice of 1613 hearing for these ancillary proceedings, which include, but are 1614 not limited to, civil contempt, must be served in accordance 1615 with relevant court procedural rules. The court’s requirements 1616 for notification of proposed release must be included in the 1617 original order. 1618 (3) An involuntary treatment services order also authorizes 1619 the licensed service provider to require the individual to 1620 receive treatment services that will benefit him or her, 1621 including treatment services at any licensable service component 1622 of a licensed service provider. While subject to the court’s 1623 oversight, the service provider’s authority under this section 1624 is separate and distinct from the court’s broad continuing 1625 jurisdiction under subsection (2). Such oversight includes, but 1626 is not limited to, submitting reports regarding the respondent’s 1627 progress or compliance with treatment as required by the court. 1628 (4) If the court orders involuntary treatment services, a 1629 copy of the order must be sent to the managing entity within 1 1630 working day after it is received from the court. Documents may 1631 be submitted electronically throughthoughexisting data 1632 systems, if applicable. 1633 Section 36. Section 397.6971, Florida Statutes, is amended 1634 to read: 1635 397.6971 Early release from involuntary treatment 1636 services.— 1637 (1) At any time before the end of the 90-day involuntary 1638 treatment services period, or before the end of any extension 1639 granted pursuant to s. 397.6975, an individual receiving 1640 involuntary treatment services may be determined eligible for 1641 discharge to the most appropriate referral or disposition for 1642 the individual when any of the following apply: 1643 (a) The individual no longer meets the criteria for 1644 involuntary admission and has given his or her informed consent 1645 to be transferred to voluntary treatment status. 1646 (b) If the individual was admitted on the grounds of 1647 likelihood of self-neglect or the infliction ofphysicalharm 1648 upon himself or herself or others, such likelihood no longer 1649 exists. 1650 (c) If the individual was admitted on the grounds of need 1651 for assessment and stabilization or treatment, accompanied by 1652 inability to make a determination respecting such need: 1653 1. Such inability no longer exists; or 1654 2. It is evident that further treatment will not bring 1655 about further significant improvements in the individual’s 1656 condition. 1657 (d) The individualisno longer needs treatmentin need of1658 services. 1659 (e) The director of the service provider determines that 1660 the individual is beyond the safe management capabilities of the 1661 provider. 1662 (2) Whenever a qualified professional determines that an 1663 individual admitted for involuntary treatment services qualifies 1664 for early release under subsection (1), the service provider 1665 shall immediately discharge the individual and must notify all 1666 persons specified by the court in the original treatment order. 1667 Section 37. Section 397.6975, Florida Statutes, is amended 1668 to read: 1669 397.6975 Extension of involuntary treatment services 1670 period.— 1671 (1) Whenever a service provider believes that an individual 1672 who is nearing the scheduled date of his or her release from 1673 involuntary treatment services continues to meet the criteria 1674 for involuntary treatment services in s. 397.693 or s. 397.6957, 1675 a petition for renewal of the involuntary treatment services 1676 order mustmaybe filed with the courtat least 10 daysbefore 1677 the expiration of the court-ordered services period. The 1678 petition may be filed by the service provider or by the person 1679 who filed the petition for the initial treatment order if the 1680 petition is accompanied by supporting documentation from the 1681 service provider. The court shallimmediatelyschedule a hearing 1682 within 10 court workingto be held not more than 15days after 1683 filing of the petition and. The court shallprovide the copy of 1684 the petition for renewal and the notice of the hearing to all 1685 parties and counsel to the proceeding. The hearing is conducted 1686 pursuant to ss. 397.6957 and 397.697 and must be before the 1687 circuit court unless referred to a magistrates. 397.6957. 1688 (2) If the court finds that the petition for renewal ofthe1689 involuntary treatment servicesordershould be granted, it may 1690 order the respondent to receive involuntary treatment services 1691 for a period not to exceed an additional 90 days. When the 1692 conditions justifying involuntary treatment services no longer 1693 exist, the individual must be released as provided in s. 1694 397.6971. When the conditions justifying involuntary treatment 1695 services continue to exist after an additional 90 days of 1696 treatment service, a new petition requesting renewal of the 1697 involuntary treatment services order may be filed pursuant to 1698 this section. 1699(3)Within 1 court working day after the filing of a1700petition for continued involuntary services, the court shall1701appoint the office of criminal conflict and civil regional1702counsel to represent the respondent, unless the respondent is1703otherwise represented by counsel. The clerk of the court shall1704immediately notify the office of criminal conflict and civil1705regional counsel of such appointment. The office of criminal1706conflict and civil regional counsel shall represent the1707respondent until the petition is dismissed or the court order1708expires or the respondent is discharged from involuntary1709services. Any attorney representing the respondent shall have1710access to the respondent, witnesses, and records relevant to the1711presentation of the respondent’s case and shall represent the1712interests of the respondent, regardless of the source of payment1713to the attorney.1714(4)Hearings on petitions for continued involuntary1715services shall be before the circuit court. The court may1716appoint a magistrate to preside at the hearing. The procedures1717for obtaining an order pursuant to this section shall be in1718accordance with s. 397.697.1719(5)Notice of hearing shall be provided to the respondent1720or his or her counsel. The respondent and the respondent’s1721counsel may agree to a period of continued involuntary services1722without a court hearing.1723(6)The same procedure shall be repeated before the1724expiration of each additional period of involuntary services.1725(7)If the respondent has previously been found incompetent1726to consent to treatment, the court shall consider testimony and1727evidence regarding the respondent’s competence.1728 Section 38. Section 397.6977, Florida Statutes, is amended 1729 to read: 1730 397.6977 Disposition of individual upon completion of 1731 involuntary treatment services.—At the conclusion of the 90-day 1732 period of court-ordered involuntary treatment services, the 1733 respondent is automatically discharged unless a motion for 1734 renewal of the involuntary treatment services order has been 1735 filed with the court pursuant to s. 397.6975. 1736 Section 39. Section 397.6978, Florida Statutes, is 1737 repealed. 1738 Section 40. Paragraph (b) of subsection (1) of section 1739 409.972, Florida Statutes, is amended to read: 1740 409.972 Mandatory and voluntary enrollment.— 1741 (1) The following Medicaid-eligible persons are exempt from 1742 mandatory managed care enrollment required by s. 409.965, and 1743 may voluntarily choose to participate in the managed medical 1744 assistance program: 1745 (b) Medicaid recipients residing in residential commitment 1746 facilities operated through the Department of Juvenile Justice 1747 or a treatment facility as defined in s. 394.455s. 394.455(48). 1748 Section 41. Paragraph (e) of subsection (4) of section 1749 464.012, Florida Statutes, is amended to read: 1750 464.012 Licensure of advanced practice registered nurses; 1751 fees; controlled substance prescribing.— 1752 (4) In addition to the general functions specified in 1753 subsection (3), an advanced practice registered nurse may 1754 perform the following acts within his or her specialty: 1755 (e) A psychiatric nurse, who meets the requirements in s. 1756 394.455(37)s. 394.455(36), within the framework of an 1757 established protocol with a psychiatrist, may prescribe 1758 psychotropic controlled substances for the treatment of mental 1759 disorders. 1760 Section 42. Subsection (7) of section 744.2007, Florida 1761 Statutes, is amended to read: 1762 744.2007 Powers and duties.— 1763 (7) A public guardian may not commit a ward to a treatment 1764 facility, as defined in s. 394.455s. 394.455(48), without an 1765 involuntary placement proceeding as provided by law. 1766 Section 43. Paragraph (a) of subsection (2) of section 1767 790.065, Florida Statutes, is amended to read: 1768 790.065 Sale and delivery of firearms.— 1769 (2) Upon receipt of a request for a criminal history record 1770 check, the Department of Law Enforcement shall, during the 1771 licensee’s call or by return call, forthwith: 1772 (a) Review any records available to determine if the 1773 potential buyer or transferee: 1774 1. Has been convicted of a felony and is prohibited from 1775 receipt or possession of a firearm pursuant to s. 790.23; 1776 2. Has been convicted of a misdemeanor crime of domestic 1777 violence, and therefore is prohibited from purchasing a firearm; 1778 3. Has had adjudication of guilt withheld or imposition of 1779 sentence suspended on any felony or misdemeanor crime of 1780 domestic violence unless 3 years have elapsed since probation or 1781 any other conditions set by the court have been fulfilled or 1782 expunction has occurred; or 1783 4. Has been adjudicated mentally defective or has been 1784 committed to a mental institution by a court or as provided in 1785 sub-sub-subparagraph b.(II), and as a result is prohibited by 1786 state or federal law from purchasing a firearm. 1787 a. As used in this subparagraph, “adjudicated mentally 1788 defective” means a determination by a court that a person, as a 1789 result of marked subnormal intelligence, or mental illness, 1790 incompetency, condition, or disease, is a danger to himself or 1791 herself or to others or lacks the mental capacity to contract or 1792 manage his or her own affairs. The phrase includes a judicial 1793 finding of incapacity under s. 744.331(6)(a), an acquittal by 1794 reason of insanity of a person charged with a criminal offense, 1795 and a judicial finding that a criminal defendant is not 1796 competent to stand trial. 1797 b. As used in this subparagraph, “committed to a mental 1798 institution” means: 1799 (I) Involuntary commitment, commitment for mental 1800 defectiveness or mental illness, and commitment for substance 1801 abuse. The phrase includes involuntary inpatient placement under 1802as defined ins. 394.467, involuntary outpatient placement as 1803 defined in s. 394.4655,involuntary assessment and stabilization1804under s. 397.6818,and involuntary substance abuse treatment 1805 under s. 397.6957, but does not include a person in a mental 1806 institution for observation or discharged from a mental 1807 institution based upon the initial review by the physician or a 1808 voluntary admission to a mental institution; or 1809 (II) Notwithstanding sub-sub-subparagraph (I), voluntary 1810 admission to a mental institution for outpatient or inpatient 1811 treatment of a person who had an involuntary examination under 1812 s. 394.463, where each of the following conditions have been 1813 met: 1814 (A) An examining physician found that the person is an 1815 imminent danger to himself or herself or others. 1816 (B) The examining physician certified that if the person 1817 did not agree to voluntary treatment, a petition for involuntary 1818 outpatient or inpatient treatment would have been filed under s. 1819 394.463(2)(g)4., or the examining physician certified that a 1820 petition was filed and the person subsequently agreed to 1821 voluntary treatment prior to a court hearing on the petition. 1822 (C) Before agreeing to voluntary treatment, the person 1823 received written notice of that finding and certification, and 1824 written notice that as a result of such finding, he or she may 1825 be prohibited from purchasing a firearm, and may not be eligible 1826 to apply for or retain a concealed weapon or firearms license 1827 under s. 790.06 and the person acknowledged such notice in 1828 writing, in substantially the following form: 1829 1830 “I understand that the doctor who examined me believes I am a 1831 danger to myself or to others. I understand that if I do not 1832 agree to voluntary treatment, a petition will be filed in court 1833 to require me to receive involuntary treatment. I understand 1834 that if that petition is filed, I have the right to contest it. 1835 In the event a petition has been filed, I understand that I can 1836 subsequently agree to voluntary treatment prior to a court 1837 hearing. I understand that by agreeing to voluntary treatment in 1838 either of these situations, I may be prohibited from buying 1839 firearms and from applying for or retaining a concealed weapons 1840 or firearms license until I apply for and receive relief from 1841 that restriction under Florida law.” 1842 1843 (D) A judge or a magistrate has, pursuant to sub-sub 1844 subparagraph c.(II), reviewed the record of the finding, 1845 certification, notice, and written acknowledgment classifying 1846 the person as an imminent danger to himself or herself or 1847 others, and ordered that such record be submitted to the 1848 department. 1849 c. In order to check for these conditions, the department 1850 shall compile and maintain an automated database of persons who 1851 are prohibited from purchasing a firearm based on court records 1852 of adjudications of mental defectiveness or commitments to 1853 mental institutions. 1854 (I) Except as provided in sub-sub-subparagraph (II), clerks 1855 of court shall submit these records to the department within 1 1856 month after the rendition of the adjudication or commitment. 1857 Reports shall be submitted in an automated format. The reports 1858 must, at a minimum, include the name, along with any known alias 1859 or former name, the sex, and the date of birth of the subject. 1860 (II) For persons committed to a mental institution pursuant 1861 to sub-sub-subparagraph b.(II), within 24 hours after the 1862 person’s agreement to voluntary admission, a record of the 1863 finding, certification, notice, and written acknowledgment must 1864 be filed by the administrator of the receiving or treatment 1865 facility, as defined in s. 394.455, with the clerk of the court 1866 for the county in which the involuntary examination under s. 1867 394.463 occurred. No fee shall be charged for the filing under 1868 this sub-sub-subparagraph. The clerk must present the records to 1869 a judge or magistrate within 24 hours after receipt of the 1870 records. A judge or magistrate is required and has the lawful 1871 authority to review the records ex parte and, if the judge or 1872 magistrate determines that the record supports the classifying 1873 of the person as an imminent danger to himself or herself or 1874 others, to order that the record be submitted to the department. 1875 If a judge or magistrate orders the submittal of the record to 1876 the department, the record must be submitted to the department 1877 within 24 hours. 1878 d. A person who has been adjudicated mentally defective or 1879 committed to a mental institution, as those terms are defined in 1880 this paragraph, may petition the court that made the 1881 adjudication or commitment, or the court that ordered that the 1882 record be submitted to the department pursuant to sub-sub 1883 subparagraph c.(II), for relief from the firearm disabilities 1884 imposed by such adjudication or commitment. A copy of the 1885 petition shall be served on the state attorney for the county in 1886 which the person was adjudicated or committed. The state 1887 attorney may object to and present evidence relevant to the 1888 relief sought by the petition. The hearing on the petition may 1889 be open or closed as the petitioner may choose. The petitioner 1890 may present evidence and subpoena witnesses to appear at the 1891 hearing on the petition. The petitioner may confront and cross 1892 examine witnesses called by the state attorney. A record of the 1893 hearing shall be made by a certified court reporter or by court 1894 approved electronic means. The court shall make written findings 1895 of fact and conclusions of law on the issues before it and issue 1896 a final order. The court shall grant the relief requested in the 1897 petition if the court finds, based on the evidence presented 1898 with respect to the petitioner’s reputation, the petitioner’s 1899 mental health record and, if applicable, criminal history 1900 record, the circumstances surrounding the firearm disability, 1901 and any other evidence in the record, that the petitioner will 1902 not be likely to act in a manner that is dangerous to public 1903 safety and that granting the relief would not be contrary to the 1904 public interest. If the final order denies relief, the 1905 petitioner may not petition again for relief from firearm 1906 disabilities until 1 year after the date of the final order. The 1907 petitioner may seek judicial review of a final order denying 1908 relief in the district court of appeal having jurisdiction over 1909 the court that issued the order. The review shall be conducted 1910 de novo. Relief from a firearm disability granted under this 1911 sub-subparagraph has no effect on the loss of civil rights, 1912 including firearm rights, for any reason other than the 1913 particular adjudication of mental defectiveness or commitment to 1914 a mental institution from which relief is granted. 1915 e. Upon receipt of proper notice of relief from firearm 1916 disabilities granted under sub-subparagraph d., the department 1917 shall delete any mental health record of the person granted 1918 relief from the automated database of persons who are prohibited 1919 from purchasing a firearm based on court records of 1920 adjudications of mental defectiveness or commitments to mental 1921 institutions. 1922 f. The department is authorized to disclose data collected 1923 pursuant to this subparagraph to agencies of the Federal 1924 Government and other states for use exclusively in determining 1925 the lawfulness of a firearm sale or transfer. The department is 1926 also authorized to disclose this data to the Department of 1927 Agriculture and Consumer Services for purposes of determining 1928 eligibility for issuance of a concealed weapons or concealed 1929 firearms license and for determining whether a basis exists for 1930 revoking or suspending a previously issued license pursuant to 1931 s. 790.06(10). When a potential buyer or transferee appeals a 1932 nonapproval based on these records, the clerks of court and 1933 mental institutions shall, upon request by the department, 1934 provide information to help determine whether the potential 1935 buyer or transferee is the same person as the subject of the 1936 record. Photographs and any other data that could confirm or 1937 negate identity must be made available to the department for 1938 such purposes, notwithstanding any other provision of state law 1939 to the contrary. Any such information that is made confidential 1940 or exempt from disclosure by law shall retain such confidential 1941 or exempt status when transferred to the department. 1942 Section 44. This act shall take effect July 1, 2021.