Bill Text: FL S0870 | 2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mental Health and Substance Abuse

Spectrum: Bipartisan Bill

Status: (Failed) 2020-03-14 - Died in Judiciary [S0870 Detail]

Download: Florida-2020-S0870-Introduced.html
       Florida Senate - 2020                                     SB 870
       
       
        
       By Senator Book
       
       
       
       
       
       32-00049A-20                                           2020870__
    1                        A bill to be entitled                      
    2         An act relating to mental health; amending s. 394.455,
    3         F.S.; conforming a cross-reference; revising the
    4         definition of the term “mental illness”; defining the
    5         terms “neglect or refuse to care for himself or
    6         herself” and “real and present threat of substantial
    7         harm”; amending s. 394.459, F.S.; requiring that
    8         respondents with a serious mental illness be afforded
    9         essential elements of recovery and be placed in a
   10         continuum of care regimen; requiring the Department of
   11         Children and Families to adopt certain rules; amending
   12         s. 394.4598, F.S.; conforming a cross-reference;
   13         amending s. 394.4599, F.S.; requiring a receiving
   14         facility to refer certain cases involving a minor to
   15         the clerk of the court within a certain timeframe for
   16         the appointment of a public defender; providing rights
   17         for attorneys who represent such minors; requiring
   18         that certain hearings be conducted in the physical
   19         presence of the minor; providing criminal penalties;
   20         conforming provisions to changes made by the act;
   21         amending s. 394.461, F.S.; authorizing the state to
   22         establish that a transfer evaluation was performed by
   23         providing the court with a copy of the evaluation
   24         before the close of the state’s case in chief;
   25         prohibiting the court from considering substantive
   26         information in the transfer evaluation unless the
   27         evaluator testifies at the hearing; amending s.
   28         394.4615, F.S.; conforming provisions to changes made
   29         by the act; amending s. 394.462, F.S.; conforming
   30         cross-references; amending s. 394.4625, F.S.; making
   31         technical changes; providing requirements relating to
   32         voluntariness hearings for minors; prohibiting a fee
   33         from being charged for filing certain petitions;
   34         providing requirements for transfers to voluntary
   35         status for minors; amending s. 394.463, F.S.; revising
   36         the requirements for when a person may be taken to a
   37         receiving facility for involuntary examination;
   38         requiring a facility to inform the department of a
   39         minor’s admission and case outcome at the close of an
   40         examination period; conforming provisions to changes
   41         made by the act; providing criminal and civil
   42         penalties; amending s. 394.4655, F.S.; revising the
   43         requirements for involuntary outpatient treatment;
   44         amending s. 394.467, F.S.; revising the requirements
   45         for when a person may be ordered for involuntary
   46         inpatient placement; revising requirements for
   47         continuances of hearings; revising the timeframe
   48         during which a court is required to hold a hearing on
   49         involuntary inpatient placement; revising the
   50         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 remotely attend
   54         and testify at the hearing through certain means;
   55         authorizing the state attorney to access certain
   56         persons and records for certain purposes; specifying
   57         such records remain confidential; revising when the
   58         court may appoint a magistrate; revising the amount of
   59         time a court may require a patient to receive
   60         services; providing an exception to the prohibition on
   61         a court ordering certain individuals to be
   62         involuntarily placed in a state treatment facility;
   63         conforming a cross-reference; authorizing the court to
   64         refer certain cases to the department; amending s.
   65         394.4785, F.S.; requiring facility administrators to
   66         refer certain cases to the clerk of the court;
   67         providing requirements relating to the representation
   68         of minors admitted to certain facilities; requiring
   69         that certain hearings be conducted in the presence of
   70         the child; providing criminal penalties; amending ss.
   71         394.495 and 394.496, F.S.; conforming cross
   72         references; amending s. 394.499, F.S.; making
   73         technical and conforming changes; amending s.
   74         394.9085, F.S.; conforming cross-references; amending
   75         s. 397.305, F.S.; revising the purposes of ch. 397,
   76         F.S.; amending s. 397.311, F.S.; revising the
   77         definition of the terms “impaired” and “substance
   78         abuse impaired”; defining the terms “involuntary
   79         treatment,” “neglect or refuse to care for himself or
   80         herself,” and “real and present threat of substantial
   81         harm”; amending s. 397.416, F.S.; conforming cross
   82         references; amending s. 397.501, F.S.; requiring that
   83         respondents with serious substance abuse addictions be
   84         afforded essential elements of recovery and placed in
   85         a continuum of care regimen; requiring the department
   86         to adopt certain rules; amending s. 397.675, F.S.;
   87         revising the criteria for involuntary admissions;
   88         amending s. 397.6751, F.S.; revising the
   89         responsibilities of a service provider; amending s.
   90         397.681, F.S.; requiring that the state attorney
   91         represent the state as the real party of interest in
   92         an involuntary proceeding, subject to legislative
   93         appropriation; authorizing the state attorney to
   94         access certain persons and records; conforming
   95         provisions to changes made by the act; repealing s.
   96         397.6811, F.S., relating to involuntary assessment and
   97         stabilization; repealing s. 397.6814, F.S., relating
   98         to petitions for involuntary assessment and
   99         stabilization; repealing s. 397.6815, F.S., relating
  100         to involuntary assessment and stabilization
  101         procedures; repealing s. 397.6818, F.S., relating to
  102         court determinations for petitions for involuntary
  103         assessment and stabilization; repealing s. 397.6819,
  104         F.S., relating to the responsibilities of licensed
  105         service providers with regard to involuntary
  106         assessment and stabilization; repealing s. 397.6821,
  107         F.S., relating to extensions of time for completion of
  108         involuntary assessment and stabilization; repealing s.
  109         397.6822, F.S., relating to the disposition of
  110         individuals after involuntary assessments; amending s.
  111         397.693, F.S.; revising the circumstances under which
  112         a person is eligible for court-ordered involuntary
  113         treatment; amending s. 397.695, F.S.; authorizing the
  114         court or clerk of the court to waive or prohibit any
  115         service of process fees for an indigent petitioner;
  116         amending s. 397.6951, F.S.; revising the requirements
  117         for the contents of a petition for involuntary
  118         treatment; providing that a petitioner may include a
  119         certificate or report of a qualified professional with
  120         the petition; requiring the certificate or report to
  121         contain certain information; requiring that certain
  122         additional information must be included if an
  123         emergency exists; amending s. 397.6955, F.S.;
  124         requiring the clerk of the court to notify the state
  125         attorney’s office upon the receipt of a petition filed
  126         for involuntary treatment; revising when a hearing
  127         must be held on the petition; providing requirements
  128         for when a petitioner asserts that emergency
  129         circumstances exist or the court determines that an
  130         emergency exists; amending s. 397.6957, F.S.;
  131         expanding the exemption from the requirement that a
  132         respondent be present at a hearing on a petition for
  133         involuntary treatment; authorizing the court to permit
  134         all witnesses to remotely attend and testify at the
  135         hearing through certain means; deleting a provision
  136         requiring the court to appoint a guardian advocate
  137         under certain circumstances; prohibiting a respondent
  138         from being involuntarily ordered into treatment unless
  139         certain requirements are met; providing requirements
  140         relating to involuntary assessment and stabilization
  141         orders; providing requirements relating to involuntary
  142         treatment hearings; requiring that the assessment of a
  143         respondent occur before a specified time unless
  144         certain requirements are met; requiring the service
  145         provider to discharge the respondent after a specified
  146         time unless certain requirements are met; requiring a
  147         qualified professional to provide copies of his or her
  148         report to the court and all relevant parties and
  149         counsel; providing requirements for the report;
  150         authorizing certain entities to take specified actions
  151         based upon the involuntary assessment; authorizing a
  152         court to order certain persons to take a respondent
  153         into custody and transport him or her to or from
  154         certain service providers and the court; revising the
  155         petitioner’s burden of proof in the hearing;
  156         authorizing the court to initiate involuntary
  157         proceedings under certain circumstances; authorizing
  158         the court to refer the case to the department under
  159         certain circumstances; requiring that, if a treatment
  160         order is issued, it must include certain findings;
  161         providing that a treatment order may designate a
  162         specific service provider; amending s. 397.697, F.S.;
  163         requiring that an individual meet certain requirements
  164         to qualify for involuntary outpatient treatment;
  165         specifying that certain hearings may be set by the
  166         motion of a party or under the court’s own authority;
  167         specifying that a service provider’s authority is
  168         separate and distinct from the court’s jurisdiction;
  169         amending s. 397.6971, F.S.; conforming provisions to
  170         changes made by the act; amending s. 397.6975, F.S.;
  171         authorizing certain entities to file a petition for
  172         renewal of involuntary treatment; revising the
  173         timeframe during which the court is required to
  174         schedule a hearing; conforming provisions to changes
  175         made by the act; creating s. 397.6976, F.S.;
  176         authorizing the court to commit certain persons to
  177         inpatient or outpatient treatment, or a combination
  178         thereof, without an assessment under certain
  179         circumstances; limiting the treatment period to a
  180         specified number of days unless the period is
  181         extended; defining the term “habitual abuser”;
  182         amending s. 397.6977, F.S.; conforming provisions to
  183         changes made by the act; repealing s. 397.6978, F.S.,
  184         relating to the appointment of guardian advocates;
  185         amending s. 397.706, F.S.; revising whom the court may
  186         require to participate in substance abuse assessment
  187         and treatment services; providing requirements for
  188         holding a minor in contempt of court in cases that
  189         involve a minor violating an involuntary treatment
  190         order; requiring service providers to prioritize a
  191         minor’s placement into treatment under certain
  192         circumstances; amending ss. 409.972, 464.012,
  193         744.2007, and 790.065, F.S.; conforming cross
  194         references; providing an effective date.
  195          
  196  Be It Enacted by the Legislature of the State of Florida:
  197  
  198         Section 1. Present subsections (31) through (38) and (39)
  199  through (48) of section 394.455, Florida Statutes, are
  200  redesignated as subsections (32) through (39) and (41) through
  201  (50), respectively, subsections (22) and (28) of that section
  202  are amended, and new subsections (31) and (40) are added to that
  203  section, to read:
  204         394.455 Definitions.—As used in this part, the term:
  205         (22) “Involuntary examination” means an examination
  206  performed under s. 394.463, s. 397.6772, s. 397.679, s.
  207  397.6798, or s. 397.6957 s. 397.6811 to determine whether a
  208  person qualifies for involuntary services.
  209         (28) “Mental illness” means an impairment of the mental or
  210  emotional processes that exercise conscious control of one’s
  211  actions or of the ability to perceive or understand reality,
  212  which impairment substantially interferes with the person’s
  213  ability to meet the ordinary demands of living. For the purposes
  214  of this part, unless an individual has a co-occurring mental
  215  illness, is displaying behavioral disturbances, or evaluations
  216  show he or she may benefit from behavioral health treatment, the
  217  term does not include a developmental disability as defined in
  218  chapter 393, dementia, traumatic brain injury, intoxication, or
  219  conditions manifested only by antisocial behavior or substance
  220  abuse.
  221         (31) “Neglect or refuse to care for himself or herself”
  222  includes, but is not limited to, evidence that a person:
  223         (a) Is unable to satisfy basic needs for nourishment,
  224  clothing, medical care, shelter, or safety in a manner that
  225  creates a substantial probability of imminent death, serious
  226  physical debilitation, or disease; or
  227         (b) Is substantially unable to make an informed treatment
  228  choice and needs care or treatment to prevent deterioration.
  229         (40) “Real and present threat of substantial harm”
  230  includes, but is not limited to, evidence of a substantial
  231  probability that the untreated person will:
  232         (a) Lack, refuse, or not receive services for health or
  233  safety; or
  234         (b) Suffer severe mental, emotional, or physical harm that
  235  will result in the loss of his or her ability to function in the
  236  community or the loss of cognitive or volitional control over
  237  thoughts or actions.
  238         Section 2. Subsection (13) is added to section 394.459,
  239  Florida Statutes, to read:
  240         394.459 Rights of patients.—
  241         (13) POST-DISCHARGE RIGHT TO CONTINUUM OF CARE.Upon
  242  discharge, a respondent with a serious mental illness must be
  243  afforded the essential elements of recovery and placed in a
  244  continuum of care regimen. The department shall adopt rules
  245  specifying the services that must be provided to such
  246  respondents and identifying which serious mental illnesses
  247  entitle a respondent to such services.
  248         Section 3. Subsection (1) of section 394.4598, Florida
  249  Statutes, is amended to read:
  250         394.4598 Guardian advocate.—
  251         (1) The administrator may petition the court for the
  252  appointment of a guardian advocate based upon the opinion of a
  253  psychiatrist that the patient is incompetent to consent to
  254  treatment. If the court finds that a patient is incompetent to
  255  consent to treatment and has not been adjudicated incapacitated
  256  and a guardian with the authority to consent to mental health
  257  treatment appointed, it shall appoint a guardian advocate. The
  258  patient has the right to have an attorney represent him or her
  259  at the hearing. If the person is indigent, the court shall
  260  appoint the office of the public defender to represent him or
  261  her at the hearing. The patient has the right to testify, cross
  262  examine witnesses, and present witnesses. The proceeding shall
  263  be recorded either electronically or stenographically, and
  264  testimony shall be provided under oath. One of the professionals
  265  authorized to give an opinion in support of a petition for
  266  involuntary placement, as described in s. 394.4655 or s.
  267  394.467, must testify. A guardian advocate must meet the
  268  qualifications of a guardian contained in part IV of chapter
  269  744, except that a professional referred to in this part, an
  270  employee of the facility providing direct services to the
  271  patient under this part, a departmental employee, a facility
  272  administrator, or member of the Florida local advocacy council
  273  may shall not be appointed. A person who is appointed as a
  274  guardian advocate must agree to the appointment.
  275         Section 4. Paragraphs (c) and (d) of subsection (2) of
  276  section 394.4599, Florida Statutes, are amended to read:
  277         394.4599 Notice.—
  278         (2) INVOLUNTARY ADMISSION.—
  279         (c)1.a. A receiving facility shall give notice of the
  280  whereabouts of a minor who is being involuntarily held for
  281  examination pursuant to s. 394.463 to the minor’s parent,
  282  guardian, caregiver, or guardian advocate, in person or by
  283  telephone or other form of electronic communication, immediately
  284  after the minor’s arrival at the facility. The facility may
  285  delay notification for no more than 24 hours after the minor’s
  286  arrival if the facility has submitted a report to the central
  287  abuse hotline, pursuant to s. 39.201, based upon knowledge or
  288  suspicion of abuse, abandonment, or neglect and if the facility
  289  deems a delay in notification to be in the minor’s best
  290  interest.
  291         b.The receiving facility shall refer the case to the clerk
  292  of the court for the appointment of a public defender within the
  293  first 72 hours after the minor’s arrival for potential
  294  initiation of a clinical or judicial hearing under s. 394.4625
  295  or s. 394.467. An attorney who represents the minor shall have
  296  access to all records relevant to the presentation of the
  297  minor’s case. All hearings involving minors shall be conducted
  298  in the physical presence of the minor and may not be conducted
  299  by electronic or video communication. A person who violates this
  300  sub-subparagraph commits a misdemeanor of the first degree,
  301  punishable as provided in s. 775.082 or s. 775.083.
  302         2. The receiving facility shall attempt to notify the
  303  minor’s parent, guardian, caregiver, or guardian advocate until
  304  the receiving facility receives confirmation from the parent,
  305  guardian, caregiver, or guardian advocate, verbally, by
  306  telephone or other form of electronic communication, or by
  307  recorded message, that notification has been received. Attempts
  308  to notify the parent, guardian, caregiver, or guardian advocate
  309  must be repeated at least once every hour during the first 12
  310  hours after the minor’s arrival and once every 24 hours
  311  thereafter and must continue until such confirmation is
  312  received, unless the minor is released at the end of the 72-hour
  313  examination period, or until a petition for involuntary services
  314  is filed with the court pursuant to s. 394.463(2)(g). The
  315  receiving facility may seek assistance from a law enforcement
  316  agency to notify the minor’s parent, guardian, caregiver, or
  317  guardian advocate if the facility has not received within the
  318  first 24 hours after the minor’s arrival a confirmation by the
  319  parent, guardian, caregiver, or guardian advocate that
  320  notification has been received. The receiving facility must
  321  document notification attempts in the minor’s clinical record.
  322         (d) The written notice of the filing of the petition for
  323  involuntary services for an individual being held must contain
  324  the following:
  325         1. Notice that the petition for:
  326         a. Involuntary inpatient treatment pursuant to s. 394.467
  327  has been filed with the circuit court in the county in which the
  328  individual is hospitalized and the address of such court; or
  329         b. Involuntary outpatient services pursuant to s. 394.4655
  330  has been filed with the criminal county court, as defined in s.
  331  394.4655(1), or the circuit court, as applicable, in the county
  332  in which the individual is hospitalized and the address of such
  333  court.
  334         2. Notice that the office of the public defender has been
  335  appointed to represent the individual in the proceeding, if the
  336  individual is not otherwise represented by counsel.
  337         3. The date, time, and place of the hearing and the name of
  338  each examining expert and every other person expected to testify
  339  in support of continued detention.
  340         4. Notice that the individual, the individual’s guardian,
  341  guardian advocate, health care surrogate or proxy, or
  342  representative, or the administrator may apply for a change of
  343  venue for the convenience of the parties or witnesses or because
  344  of the condition of the individual.
  345         5. Notice that the individual is entitled to an independent
  346  expert examination and, if the individual cannot afford such an
  347  examination, that the court will provide for one.
  348         Section 5. Subsection (2) of section 394.461, Florida
  349  Statutes, is amended to read:
  350         394.461 Designation of receiving and treatment facilities
  351  and receiving systems.—The department is authorized to designate
  352  and monitor receiving facilities, treatment facilities, and
  353  receiving systems and may suspend or withdraw such designation
  354  for failure to comply with this part and rules adopted under
  355  this part. Unless designated by the department, facilities are
  356  not permitted to hold or treat involuntary patients under this
  357  part.
  358         (2) TREATMENT FACILITY.—The department may designate any
  359  state-owned, state-operated, or state-supported facility as a
  360  state treatment facility. A civil patient may shall not be
  361  admitted to a state treatment facility without previously
  362  undergoing a transfer evaluation. Before the close of the
  363  state’s case in chief in a court hearing for involuntary
  364  placement in a state treatment facility, the state may establish
  365  that the transfer evaluation was performed and the document
  366  properly executed by providing the court with a copy of the
  367  transfer evaluation. The court may not shall receive and
  368  consider the substantive information documented in the transfer
  369  evaluation unless the evaluator testifies at the hearing. Any
  370  other facility, including a private facility or a federal
  371  facility, may be designated as a treatment facility by the
  372  department, provided that such designation is agreed to by the
  373  appropriate governing body or authority of the facility.
  374         Section 6. Subsection (3) of section 394.4615, Florida
  375  Statutes, is amended to read:
  376         394.4615 Clinical records; confidentiality.—
  377         (3) Information from the clinical record may be released in
  378  the following circumstances:
  379         (a) When a patient has communicated to a service provider a
  380  specific threat to cause serious bodily injury or death to an
  381  identified or a readily available person, if the service
  382  provider reasonably believes, or should reasonably believe
  383  according to the standards of his or her profession, that the
  384  patient has the apparent intent and ability to imminently or
  385  immediately carry out such threat. When such communication has
  386  been made, the administrator may authorize the release of
  387  sufficient information to provide adequate warning to the person
  388  threatened with harm by the patient.
  389         (b) When the administrator of the facility or secretary of
  390  the department deems release to a qualified researcher as
  391  defined in administrative rule, an aftercare treatment provider,
  392  or an employee or agent of the department is necessary for
  393  treatment of the patient, maintenance of adequate records,
  394  compilation of treatment data, aftercare planning, or evaluation
  395  of programs.
  396  
  397  For the purpose of determining whether a person meets the
  398  criteria for involuntary outpatient placement or for preparing
  399  the proposed treatment plan pursuant to s. 394.4655, the
  400  clinical record may be released to the state attorney, the
  401  public defender or the patient’s private legal counsel, the
  402  court, and to the appropriate mental health professionals,
  403  including the service provider identified in s.
  404  394.4655(7)(b)2., in accordance with state and federal law.
  405         Section 7. Section 394.462, Florida Statutes, is amended to
  406  read:
  407         394.462 Transportation.—A transportation plan shall be
  408  developed and implemented by each county in collaboration with
  409  the managing entity in accordance with this section. A county
  410  may enter into a memorandum of understanding with the governing
  411  boards of nearby counties to establish a shared transportation
  412  plan. When multiple counties enter into a memorandum of
  413  understanding for this purpose, the counties shall notify the
  414  managing entity and provide it with a copy of the agreement. The
  415  transportation plan shall describe methods of transport to a
  416  facility within the designated receiving system for individuals
  417  subject to involuntary examination under s. 394.463 or
  418  involuntary admission under s. 397.6772, s. 397.679, s.
  419  397.6798, or s. 397.6957 s. 397.6811, and may identify
  420  responsibility for other transportation to a participating
  421  facility when necessary and agreed to by the facility. The plan
  422  may rely on emergency medical transport services or private
  423  transport companies, as appropriate. The plan shall comply with
  424  the transportation provisions of this section and ss. 397.6772,
  425  397.6795, 397.6822, and 397.697.
  426         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  427         (a) Each county shall designate a single law enforcement
  428  agency within the county, or portions thereof, to take a person
  429  into custody upon the entry of an ex parte order or the
  430  execution of a certificate for involuntary examination by an
  431  authorized professional and to transport that person to the
  432  appropriate facility within the designated receiving system
  433  pursuant to a transportation plan.
  434         (b)1. The designated law enforcement agency may decline to
  435  transport the person to a receiving facility only if:
  436         a. The jurisdiction designated by the county has contracted
  437  on an annual basis with an emergency medical transport service
  438  or private transport company for transportation of persons to
  439  receiving facilities pursuant to this section at the sole cost
  440  of the county; and
  441         b. The law enforcement agency and the emergency medical
  442  transport service or private transport company agree that the
  443  continued presence of law enforcement personnel is not necessary
  444  for the safety of the person or others.
  445         2. The entity providing transportation may seek
  446  reimbursement for transportation expenses. The party responsible
  447  for payment for such transportation is the person receiving the
  448  transportation. The county shall seek reimbursement from the
  449  following sources in the following order:
  450         a. From a private or public third-party payor, if the
  451  person receiving the transportation has applicable coverage.
  452         b. From the person receiving the transportation.
  453         c. From a financial settlement for medical care, treatment,
  454  hospitalization, or transportation payable or accruing to the
  455  injured party.
  456         (c) A company that transports a patient pursuant to this
  457  subsection is considered an independent contractor and is solely
  458  liable for the safe and dignified transport of the patient. Such
  459  company must be insured and provide no less than $100,000 in
  460  liability insurance with respect to the transport of patients.
  461         (d) Any company that contracts with a governing board of a
  462  county to transport patients shall comply with the applicable
  463  rules of the department to ensure the safety and dignity of
  464  patients.
  465         (e) When a law enforcement officer takes custody of a
  466  person pursuant to this part, the officer may request assistance
  467  from emergency medical personnel if such assistance is needed
  468  for the safety of the officer or the person in custody.
  469         (f) When a member of a mental health overlay program or a
  470  mobile crisis response service is a professional authorized to
  471  initiate an involuntary examination pursuant to s. 394.463 or s.
  472  397.675 and that professional evaluates a person and determines
  473  that transportation to a receiving facility is needed, the
  474  service, at its discretion, may transport the person to the
  475  facility or may call on the law enforcement agency or other
  476  transportation arrangement best suited to the needs of the
  477  patient.
  478         (g) When any law enforcement officer has custody of a
  479  person based on either noncriminal or minor criminal behavior
  480  that meets the statutory guidelines for involuntary examination
  481  pursuant to s. 394.463, the law enforcement officer shall
  482  transport the person to the appropriate facility within the
  483  designated receiving system pursuant to a transportation plan.
  484  Persons who meet the statutory guidelines for involuntary
  485  admission pursuant to s. 397.675 may also be transported by law
  486  enforcement officers to the extent resources are available and
  487  as otherwise provided by law. Such persons shall be transported
  488  to an appropriate facility within the designated receiving
  489  system pursuant to a transportation plan.
  490         (h) When any law enforcement officer has arrested a person
  491  for a felony and it appears that the person meets the statutory
  492  guidelines for involuntary examination or placement under this
  493  part, such person must first be processed in the same manner as
  494  any other criminal suspect. The law enforcement agency shall
  495  thereafter immediately notify the appropriate facility within
  496  the designated receiving system pursuant to a transportation
  497  plan. The receiving facility shall be responsible for promptly
  498  arranging for the examination and treatment of the person. A
  499  receiving facility is not required to admit a person charged
  500  with a crime for whom the facility determines and documents that
  501  it is unable to provide adequate security, but shall provide
  502  examination and treatment to the person where he or she is held.
  503         (i) If the appropriate law enforcement officer believes
  504  that a person has an emergency medical condition as defined in
  505  s. 395.002, the person may be first transported to a hospital
  506  for emergency medical treatment, regardless of whether the
  507  hospital is a designated receiving facility.
  508         (j) The costs of transportation, evaluation,
  509  hospitalization, and treatment incurred under this subsection by
  510  persons who have been arrested for violations of any state law
  511  or county or municipal ordinance may be recovered as provided in
  512  s. 901.35.
  513         (k) The appropriate facility within the designated
  514  receiving system pursuant to a transportation plan must accept
  515  persons brought by law enforcement officers, or an emergency
  516  medical transport service or a private transport company
  517  authorized by the county, for involuntary examination pursuant
  518  to s. 394.463.
  519         (l) The appropriate facility within the designated
  520  receiving system pursuant to a transportation plan must provide
  521  persons brought by law enforcement officers, or an emergency
  522  medical transport service or a private transport company
  523  authorized by the county, pursuant to s. 397.675, a basic
  524  screening or triage sufficient to refer the person to the
  525  appropriate services.
  526         (m) Each law enforcement agency designated pursuant to
  527  paragraph (a) shall establish a policy that reflects a single
  528  set of protocols for the safe and secure transportation and
  529  transfer of custody of the person. Each law enforcement agency
  530  shall provide a copy of the protocols to the managing entity.
  531         (n) When a jurisdiction has entered into a contract with an
  532  emergency medical transport service or a private transport
  533  company for transportation of persons to facilities within the
  534  designated receiving system, such service or company shall be
  535  given preference for transportation of persons from nursing
  536  homes, assisted living facilities, adult day care centers, or
  537  adult family-care homes, unless the behavior of the person being
  538  transported is such that transportation by a law enforcement
  539  officer is necessary.
  540         (o) This section may not be construed to limit emergency
  541  examination and treatment of incapacitated persons provided in
  542  accordance with s. 401.445.
  543         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  544         (a) If neither the patient nor any person legally obligated
  545  or responsible for the patient is able to pay for the expense of
  546  transporting a voluntary or involuntary patient to a treatment
  547  facility, the transportation plan established by the governing
  548  board of the county or counties must specify how the
  549  hospitalized patient will be transported to, from, and between
  550  facilities in a safe and dignified manner.
  551         (b) A company that transports a patient pursuant to this
  552  subsection is considered an independent contractor and is solely
  553  liable for the safe and dignified transportation of the patient.
  554  Such company must be insured and provide no less than $100,000
  555  in liability insurance with respect to the transport of
  556  patients.
  557         (c) A company that contracts with one or more counties to
  558  transport patients in accordance with this section shall comply
  559  with the applicable rules of the department to ensure the safety
  560  and dignity of patients.
  561         (d) County or municipal law enforcement and correctional
  562  personnel and equipment may not be used to transport patients
  563  adjudicated incapacitated or found by the court to meet the
  564  criteria for involuntary placement pursuant to s. 394.467,
  565  except in small rural counties where there are no cost-efficient
  566  alternatives.
  567         (3) TRANSFER OF CUSTODY.—Custody of a person who is
  568  transported pursuant to this part, along with related
  569  documentation, shall be relinquished to a responsible individual
  570  at the appropriate receiving or treatment facility.
  571         Section 8. Paragraph (a) of subsection (1) and subsection
  572  (4) of section 394.4625, Florida Statutes, are amended to read:
  573         394.4625 Voluntary admissions.—
  574         (1) AUTHORITY TO RECEIVE PATIENTS.—
  575         (a) A facility may receive for observation, diagnosis, or
  576  treatment any person 18 years of age or older applying to the
  577  facility making application by express and informed consent for
  578  admission to the facility, or any person age 17 or under for
  579  whom such application is made by his or her parent or legal
  580  guardian. If found to show evidence of mental illness, to be
  581  competent to provide express and informed consent, and to be
  582  suitable for treatment, such person 18 years of age or older may
  583  be admitted to the facility. A person age 17 or under may be
  584  admitted only after a hearing to verify the voluntariness of the
  585  minor’s consent.
  586         1.The minor’s voluntariness hearing shall be a clinical,
  587  noncourt proceeding organized by the receiving facility in
  588  accordance with all rules and regulations adopted by the
  589  department. No later than 72 hours after the minor’s arrival at
  590  the facility for observation, diagnosis, or treatment pursuant
  591  to subsection (4), the facility administrator must initiate the
  592  voluntariness hearing by filing a petition for involuntary
  593  treatment pursuant to s. 394.463(2) and a petition for voluntary
  594  placement. The petition for voluntary placement must include all
  595  forms and information required by the department, including, but
  596  not limited to, the application for voluntary admission; the
  597  express and informed consent of the person age 17 or under and
  598  his or her parent or legal guardian to admission for treatment;
  599  certification that the disclosures to obtain express and
  600  informed consent required under s. 394.459 were communicated to
  601  the minor and his or her parent or legal guardian; and pertinent
  602  demographic information about the minor and his or her parent or
  603  legal guardian, including whether a parenting plan in a final
  604  judgment of paternity or dissolution of marriage has been
  605  entered, whether the parent or legal guardian is authorized to
  606  make health care decisions on behalf of the person, and
  607  certification that a copy of the final judgment or other
  608  document that establishes the authority of the parent or legal
  609  guardian has been or will be provided to the court.
  610         2.Upon filing, the clerk of the court shall provide copies
  611  to the department, to the person age 17 or under, and to his or
  612  her parent or legal guardian. A public defender shall also be
  613  immediately appointed to represent the minor and shall
  614  coordinate with the facility administrator to schedule the
  615  voluntariness hearing. A fee may not be charged for filing a
  616  petition pursuant to subparagraph 1., and the voluntariness
  617  hearing must occur before the date the clerk sets in the
  618  simultaneously filed involuntary placement petition.
  619         3.Unless the public defender determines otherwise, the
  620  minor’s consent is presumed voluntary and, upon verification,
  621  the facility shall inform the court of this result and withdraw
  622  its involuntary admission petition. If the minor’s consent is
  623  determined to be involuntary, the facility must either discharge
  624  the minor or proceed to continue treating him or her on an
  625  involuntary basis.
  626         (4) TRANSFER TO VOLUNTARY STATUS.—An involuntary patient
  627  who applies to be transferred to voluntary status shall be
  628  transferred to voluntary status immediately, unless the patient
  629  has been charged with a crime, or has been involuntarily placed
  630  for treatment by a court pursuant to s. 394.467 and continues to
  631  meet the criteria for involuntary placement. When transfer to
  632  voluntary status occurs, notice shall be given as provided in s.
  633  394.4599 and, if the patient requesting transfer is 17 years of
  634  age or younger, the facility administrator must contact the
  635  public defender who represented the patient in the involuntary
  636  proceeding and arrange a voluntariness hearing pursuant to
  637  subparagraph (1)(a)2. The voluntariness hearing must be held
  638  within 72 hours after the patient’s transfer request and the
  639  facility must submit the voluntariness application to the clerk
  640  of court and then inform the court of the result of the hearing.
  641         Section 9. Subsection (1) and paragraphs (g) and (h) of
  642  subsection (2) of section 394.463, Florida Statutes, are
  643  amended, and subsection (5) is added to that section, to read:
  644         394.463 Involuntary examination.—
  645         (1) CRITERIA.—A person may be taken to a receiving facility
  646  for involuntary examination if there is reason to believe that
  647  the person has a mental illness and because of his or her mental
  648  illness:
  649         (a)1. The person has refused voluntary examination after
  650  conscientious explanation and disclosure of the purpose of the
  651  examination; or
  652         2. The person is unable to determine for himself or herself
  653  whether examination is necessary; and
  654         (b)1. Without care or treatment, the person is likely to
  655  suffer from neglect or refuse to care for himself or herself;
  656  such neglect or refusal poses a real and present threat of
  657  substantial harm to his or her well-being; and it is not
  658  apparent that such harm may be avoided through the help of
  659  willing, able, and responsible family members or friends or the
  660  provision of other services; or
  661         2. There is a substantial likelihood that in the near
  662  future and without care or treatment, the person will inflict
  663  serious cause serious bodily harm to self himself or herself or
  664  others in the near future, as evidenced by acts, omissions, or
  665  recent behavior causing, attempting, or threatening such harm,
  666  which includes, but is not limited to, significant property
  667  damage.
  668         (2) INVOLUNTARY EXAMINATION.—
  669         (g) The examination period must be for up to 72 hours. For
  670  a minor, the examination shall be initiated within 12 hours
  671  after the patient’s arrival at the facility, and at the close of
  672  the examination period, the facility must inform the department
  673  of the minor’s admission and case outcome. Within the
  674  examination period or, if the examination period ends on a
  675  weekend or holiday, no later than the next working day
  676  thereafter, one of the following actions must be taken, based on
  677  the individual needs of the patient:
  678         1. The patient shall be released, unless he or she is
  679  charged with a crime, in which case the patient shall be
  680  returned to the custody of a law enforcement officer;
  681         2. The patient shall be released, subject to subparagraph
  682  1., for voluntary outpatient treatment;
  683         3. The patient, unless he or she is charged with a crime,
  684  shall be asked to give express and informed consent to placement
  685  as a voluntary patient and, if such consent is given, the
  686  patient shall be admitted as a voluntary patient; or
  687         4. A petition for involuntary services shall be filed in
  688  the circuit court if inpatient treatment is deemed necessary or
  689  with a the criminal county court, as described in s. 394.4655
  690  defined in s. 394.4655(1), as applicable. When inpatient
  691  treatment is deemed necessary, the least restrictive treatment
  692  consistent with the optimum improvement of the patient’s
  693  condition shall be made available. The petition When a petition
  694  is to be filed for involuntary outpatient placement, it shall be
  695  filed by one of the petitioners specified in s. 394.4655(4)(a).
  696  A petition for involuntary inpatient placement shall be filed by
  697  the facility administrator.
  698         (h) A person for whom an involuntary examination has been
  699  initiated who is being evaluated or treated at a hospital for an
  700  emergency medical condition specified in s. 395.002 must be
  701  examined by a facility within the examination period specified
  702  in paragraph (g). The examination period begins when the patient
  703  arrives at the hospital and ceases when the attending physician
  704  documents that the patient has an emergency medical condition.
  705  If the patient is examined at a hospital providing emergency
  706  medical services by a professional qualified to perform an
  707  involuntary examination and is found as a result of that
  708  examination not to meet the criteria for involuntary outpatient
  709  services pursuant to s. 394.4655 s. 394.4655(2) or involuntary
  710  inpatient placement pursuant to s. 394.467(1), the patient may
  711  be offered voluntary services or placement, if appropriate, or
  712  released directly from the hospital providing emergency medical
  713  services. The finding by the professional that the patient has
  714  been examined and does not meet the criteria for involuntary
  715  inpatient services or involuntary outpatient placement must be
  716  entered into the patient’s clinical record. This paragraph is
  717  not intended to prevent a hospital providing emergency medical
  718  services from appropriately transferring a patient to another
  719  hospital before stabilization if the requirements of s.
  720  395.1041(3)(c) have been met.
  721         (5)UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND
  722  TREATMENT; PENALTIES.—
  723         (a)Knowingly furnishing false information for the purpose
  724  of obtaining emergency or other involuntary admission for any
  725  person is a misdemeanor of the first degree, punishable as
  726  provided in s. 775.082 and by a fine not exceeding $5,000.
  727         (b)Causing or otherwise securing, conspiring with or
  728  assisting another to cause or secure, without reason for
  729  believing a person to be impaired, any emergency or other
  730  involuntary procedure for the person is a misdemeanor of the
  731  first degree, punishable as provided in s. 775.082 and by a fine
  732  not exceeding $5,000.
  733         (c)Causing, or conspiring with or assisting another to
  734  cause, the denial to any person of any right accorded pursuant
  735  to this chapter is a misdemeanor of the first degree, punishable
  736  as provided in s. 775.082 by a fine not exceeding $5,000.
  737         Section 10. Section 394.4655, Florida Statutes, is amended
  738  to read:
  739         (Substantial rewording of section. See
  740         s. 394.4655, F.S., for present text.)
  741         394.4655 Involuntary outpatient services.—
  742         (1)(a) In lieu of inpatient treatment, the court may order
  743  a respondent into outpatient treatment, or some combination of
  744  each service, for up to 6 months if, during a hearing under s.
  745  394.467, it is established that the respondent meets involuntary
  746  placement criteria and:
  747         1.Has been jailed or incarcerated, has been involuntarily
  748  admitted to a receiving or treatment facility as defined in s.
  749  394.455, or has received mental health services in a forensic or
  750  correctional facility at least twice during the last 36 months;
  751         2.The outpatient treatment is provided in the county in
  752  which the respondent resides or, if being placed from a state
  753  treatment facility, will reside;
  754         3.And the respondent’s treating physician certifies,
  755  within a reasonable degree of medical probability, that the
  756  respondent:
  757         a. Can be more appropriately treated on an outpatient
  758  basis;
  759         b. Can follow a prescribed treatment plan; and
  760         c. Is not likely to become dangerous, suffer more serious
  761  harm or illness, or further deteriorate if such plan is
  762  followed.
  763         (b) For the duration of his or her treatment, the
  764  respondent must be supervised by a willing, able, and
  765  responsible friend, family member, social worker, case manager
  766  of a licensed service provider, guardian, or guardian advocate.
  767  This supervisor must inform the court, state attorney, and
  768  public defender of any failure by the respondent to comply with
  769  his or her outpatient program.
  770         (2)The court shall retain jurisdiction over the case and
  771  parties for the entry of such further orders after a hearing, as
  772  the circumstances may require.
  773         (3) A criminal county court exercising its original
  774  jurisdiction in a misdemeanor case under s. 34.01 may order a
  775  person into involuntary outpatient services.
  776         Section 11. Subsections (1) and (5) and paragraphs (a),
  777  (b), and (c) of subsection (6) of section 394.467, Florida
  778  Statutes, are amended to read:
  779         394.467 Involuntary inpatient placement.—
  780         (1) CRITERIA.—A person may be ordered for involuntary
  781  inpatient placement for treatment upon a finding of the court by
  782  clear and convincing evidence that:
  783         (a) He or she has a mental illness and because of his or
  784  her mental illness:
  785         1.a. He or she has refused voluntary inpatient placement
  786  for treatment after sufficient and conscientious explanation and
  787  disclosure of the purpose of inpatient placement for treatment;
  788  or
  789         b. He or she is unable to determine for himself or herself
  790  whether inpatient placement is necessary; and
  791         2.a. He or she is incapable of surviving alone or with the
  792  help of willing, able, and responsible family or friends,
  793  including available alternative services, and, without
  794  treatment, is likely to suffer from neglect or refuse to care
  795  for himself or herself, and such neglect or refusal poses a real
  796  and present threat of substantial harm to his or her well-being;
  797  or
  798         b. There is substantial likelihood that in the near future
  799  and without services, he or she will inflict serious bodily harm
  800  to on self or others, as evidenced by acts, omissions, or recent
  801  behavior causing, attempting, or threatening such harm, which
  802  includes, but is not limited to, significant property damage;
  803  and
  804         (b) All available less restrictive treatment alternatives
  805  that would offer an opportunity for improvement of his or her
  806  condition have been judged to be inappropriate.
  807         (5) CONTINUANCE OF HEARING.—The patient and the state are
  808  independently entitled is entitled, with the concurrence of the
  809  patient’s counsel, to at least one continuance of the hearing.
  810  The patient’s continuance may be for a period of for up to 4
  811  weeks and requires the concurrence of his or her counsel. The
  812  state’s continuance may be for a period of up to 7 court working
  813  days and requires a showing of good cause and due diligence by
  814  the state before requesting the continuance. The state’s failure
  815  to timely review any readily available document or failure to
  816  attempt to contact a known witness does not warrant a
  817  continuance.
  818         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
  819         (a)1. The court shall hold the hearing on involuntary
  820  inpatient placement within 7 5 court working days, unless a
  821  continuance is granted.
  822         2. Except for good cause documented in the court file, the
  823  hearing must be held in the county or the facility, as
  824  appropriate, where the patient is located, must be as convenient
  825  to the patient as is consistent with orderly procedure, and
  826  shall be conducted in physical settings not likely to be
  827  injurious to the patient’s condition. If the court finds that
  828  the patient’s attendance at the hearing is not consistent with
  829  the best interests of, or is likely to be injurious to, the
  830  patient, or the patient knowingly, intelligently, and
  831  voluntarily waives his or her right to be present, and the
  832  patient’s counsel does not object, the court may waive the
  833  presence of the patient from all or any portion of the hearing.
  834  Absent a showing of good cause, the court may permit all
  835  witnesses, including, but not limited to, any medical
  836  professionals or personnel who are or have been involved with
  837  the patient’s treatment, to remotely attend and testify at the
  838  hearing under oath via the most appropriate and convenient
  839  technological method of communication available to the court,
  840  including, but not limited to, teleconference. The state
  841  attorney for the circuit in which the patient is located shall
  842  represent the state, rather than the petitioning facility
  843  administrator, as the real party in interest in the proceeding.
  844  In order to evaluate and prepare its case, the state attorney
  845  may access, by subpoena if necessary, the patient, witnesses,
  846  and all relevant records. Such records include, but are not
  847  limited to, any social media, school records, clinical files,
  848  and reports documenting contact the patient may have had with
  849  law enforcement officers or other state agencies. However, these
  850  records shall remain confidential, and the state attorney may
  851  not use any records obtained under this part for criminal
  852  investigation or prosecution purposes, or for any purpose other
  853  than the patient’s civil commitment under this chapter.
  854         3. The court may appoint a magistrate to preside at the
  855  hearing on the petition and any ancillary proceedings thereto,
  856  which include, but are not limited to, writs of habeas corpus
  857  issued pursuant to s. 394.459(8). One of the professionals who
  858  executed the petition for involuntary inpatient placement
  859  certificate shall be a witness. The patient and the patient’s
  860  guardian or representative shall be informed by the court of the
  861  right to an independent expert examination. If the patient
  862  cannot afford such an examination, the court shall ensure that
  863  one is provided, as otherwise provided for by law. The
  864  independent expert’s report is confidential and not
  865  discoverable, unless the expert is to be called as a witness for
  866  the patient at the hearing. The testimony in the hearing must be
  867  given under oath, and the proceedings must be recorded. The
  868  patient may refuse to testify at the hearing.
  869         (b) If the court concludes that the patient meets the
  870  criteria for involuntary inpatient placement, it may order that
  871  the patient be transferred to a treatment facility or, if the
  872  patient is at a treatment facility, that the patient be retained
  873  there or be treated at any other appropriate facility, or that
  874  the patient receive services, on an involuntary basis, for up to
  875  90 days. However, any order for involuntary mental health
  876  services in a treatment facility may be for up to 6 months. The
  877  order shall specify the nature and extent of the patient’s
  878  mental illness and, unless the patient has transferred to a
  879  voluntary status, the facility must discharge the patient at any
  880  time he or she no longer meets the criteria for involuntary
  881  inpatient treatment. The court may not order an individual with
  882  traumatic brain injury or dementia who lacks a co-occurring
  883  mental illness or is displaying behavioral disturbances to be
  884  involuntarily placed in a state treatment facility unless
  885  evaluations show that the individual may benefit from behavioral
  886  health treatment. Such individuals must be referred to the
  887  Agency for Persons with Disabilities or the Department of
  888  Elderly Affairs for further evaluation and placement in a
  889  medical rehabilitation facility or supportive residential
  890  placement that addresses their individual needs. In addition, if
  891  it reasonably appears that the individual would be found
  892  incapacitated under chapter 744 and the individual does not
  893  already have a legal guardian, the facility must inform any
  894  known next of kin and initiate guardianship proceedings. The
  895  facility may hold the individual until the petition to appoint a
  896  guardian is heard by the court and placement is secured. The
  897  facility shall discharge a patient any time the patient no
  898  longer meets the criteria for involuntary inpatient placement,
  899  unless the patient has transferred to voluntary status.
  900         (c) If at any time before the conclusion of the involuntary
  901  placement hearing on involuntary inpatient placement it appears
  902  to the court that the person does not meet the criteria of for
  903  involuntary inpatient placement under this section, but instead
  904  meets the criteria for involuntary outpatient services, the
  905  court may order the person evaluated for involuntary outpatient
  906  services pursuant to s. 394.4655. The petition and hearing
  907  procedures set forth in s. 394.4655 shall apply. If the person
  908  instead meets the criteria for involuntary assessment,
  909  protective custody, or involuntary admission or treatment
  910  pursuant to s. 397.675, then the court may order the person to
  911  be admitted for involuntary assessment for a period of 5 days
  912  pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings
  913  are governed by chapter 397. The court may also refer the case
  914  to the department so that the department may investigate and
  915  initiate protective services under chapter 39 or chapter 415, or
  916  provide other home health services as needed.
  917         Section 12. Section 394.4785, Florida Statutes, is amended
  918  to read:
  919         394.4785 Children and adolescents; admission and placement
  920  in mental health facilities.—
  921         (1) A child or adolescent as defined in s. 394.492 may not
  922  be admitted to a state-owned or state-operated mental health
  923  treatment facility. A child may be admitted pursuant to s.
  924  394.4625 or s. 394.467 to a crisis stabilization unit or a
  925  residential treatment center licensed under this chapter or a
  926  hospital licensed under chapter 395. The treatment center, unit,
  927  or hospital must provide the least restrictive available
  928  treatment that is appropriate to the individual needs of the
  929  child or adolescent and must adhere to the guiding principles,
  930  system of care, and service planning provisions contained in
  931  part III of this chapter.
  932         (2) A person under the age of 14 who is admitted to any
  933  hospital licensed pursuant to chapter 395 may not be admitted to
  934  a bed in a room or ward with an adult patient in a mental health
  935  unit or share common areas with an adult patient in a mental
  936  health unit. However, a person 14 years of age or older may be
  937  admitted to a bed in a room or ward in the mental health unit
  938  with an adult if the admitting physician documents in the case
  939  record that such placement is medically indicated or for reasons
  940  of safety. Such placement shall be reviewed by the attending
  941  physician or a designee or on-call physician each day and
  942  documented in the case record.
  943         (3)Within 72 hours after a minor is admitted to a crisis
  944  stabilization unit or a residential treatment center licensed
  945  under this chapter or a hospital licensed under chapter 395, the
  946  facility administrator must refer the case to the clerk of the
  947  court for the appointment of a public defender for a potential
  948  initiation of a clinical or judicial hearing under s. 394.4625
  949  or s. 394.467. An attorney who represents the minor shall have
  950  access to all records relevant to the presentation of the
  951  minor’s case. All hearings involving patients under the age of
  952  18 must be conducted in the physical presence of the minor and
  953  may not be conducted through electronic or video communication.
  954  A person who violates this subsection commits a misdemeanor of
  955  the first degree, punishable as provided in s. 775.082 or s.
  956  775.083.
  957         Section 13. Subsection (3) of section 394.495, Florida
  958  Statutes, is amended to read:
  959         394.495 Child and adolescent mental health system of care;
  960  programs and services.—
  961         (3) Assessments must be performed by:
  962         (a) A clinical psychologist, clinical social worker,
  963  physician, psychiatric nurse, or psychiatrist as those terms are
  964  defined in s. 394.455 professional as defined in s. 394.455(5),
  965  (7), (32), (35), or (36);
  966         (b) A professional licensed under chapter 491; or
  967         (c) A person who is under the direct supervision of a
  968  clinical psychologist, clinical social worker, physician,
  969  psychiatric nurse, or psychiatrist as those terms are defined in
  970  s. 394.455 qualified professional as defined in s. 394.455(5),
  971  (7), (32), (35), or (36) or a professional licensed under
  972  chapter 491.
  973         Section 14. Subsection (5) of section 394.496, Florida
  974  Statutes, is amended to read:
  975         394.496 Service planning.—
  976         (5) A clinical psychologist, clinical social worker,
  977  physician, psychiatric nurse, or psychiatrist as those terms are
  978  defined in s. 394.455 professional as defined in s. 394.455(5),
  979  (7), (32), (35), or (36) or a professional licensed under
  980  chapter 491 must be included among those persons developing the
  981  services plan.
  982         Section 15. Paragraph (a) of subsection (2) of section
  983  394.499, Florida Statutes, is amended to read:
  984         394.499 Integrated children’s crisis stabilization
  985  unit/juvenile addictions receiving facility services.—
  986         (2) Children eligible to receive integrated children’s
  987  crisis stabilization unit/juvenile addictions receiving facility
  988  services include:
  989         (a) A person under 18 years of age for whom voluntary
  990  application is made by his or her parent or legal guardian, if
  991  such person is found to show evidence of mental illness and to
  992  be suitable for treatment pursuant to s. 394.4625. A person
  993  under 18 years of age may be admitted for integrated facility
  994  services only after a hearing to verify that the consent to
  995  admission is voluntary is conducted pursuant to s. 394.4625.
  996         Section 16. Subsection (6) of section 394.9085, Florida
  997  Statutes, is amended to read:
  998         394.9085 Behavioral provider liability.—
  999         (6) For purposes of this section, the terms “detoxification
 1000  services,” “addictions receiving facility,” and “receiving
 1001  facility” have the same meanings as those provided in ss.
 1002  397.311(26)(a)4., 397.311(26)(a)1., and 394.455(41) 394.455(39),
 1003  respectively.
 1004         Section 17. Subsection (3) of section 397.305, Florida
 1005  Statutes, is amended to read:
 1006         397.305 Legislative findings, intent, and purpose.—
 1007         (3) It is the purpose of this chapter to provide for a
 1008  comprehensive continuum of accessible and quality substance
 1009  abuse prevention, intervention, clinical treatment, and recovery
 1010  support services in the most appropriate and least restrictive
 1011  environment which promotes long-term recovery while protecting
 1012  and respecting the rights of individuals, primarily through
 1013  community-based private not-for-profit providers working with
 1014  local governmental programs involving a wide range of agencies
 1015  from both the public and private sectors.
 1016         Section 18. Present subsections (29) through (36) and (37)
 1017  through (50) of section 397.311, Florida Statutes, are
 1018  redesignated as subsections (30) through (37) and (39) through
 1019  (52), respectively, new subsections (29) and (38) are added to
 1020  that section, and subsections (19) and (23) of that section are
 1021  amended, to read:
 1022         397.311 Definitions.—As used in this chapter, except part
 1023  VIII, the term:
 1024         (19) “Impaired” or “substance abuse impaired” means a
 1025  condition involving the use of alcoholic beverages, illicit or
 1026  prescription drugs, or any psychoactive or mood-altering
 1027  substance in such a manner as to induce mental, emotional, or
 1028  physical problems or and cause socially dysfunctional behavior.
 1029         (23) “Involuntary treatment services” means an array of
 1030  behavioral health services that may be ordered by the court for
 1031  persons with substance abuse impairment or co-occurring
 1032  substance abuse impairment and mental health disorders.
 1033         (29) “Neglect or refuse to care for himself or herself”
 1034  includes, but is not limited to, evidence that a person:
 1035         (a) Is unable to satisfy basic needs for nourishment,
 1036  clothing, medical care, shelter, or safety in a manner that
 1037  creates a substantial probability of imminent death, serious
 1038  physical debilitation, or disease; or
 1039         (b) Is substantially unable to make an informed treatment
 1040  choice and needs care or treatment to prevent deterioration.
 1041         (38) “Real and present threat of substantial harm”
 1042  includes, but is not limited to, evidence of a substantial
 1043  probability that the untreated person will:
 1044         (a) Lack, refuse, or not receive services for health or
 1045  safety; or
 1046         (b) Suffer severe mental, emotional, or physical harm that
 1047  will result in the loss of ability to function in the community
 1048  or the loss of cognitive or volitional control over thoughts or
 1049  actions.
 1050         Section 19. Section 397.416, Florida Statutes, is amended
 1051  to read:
 1052         397.416 Substance abuse treatment services; qualified
 1053  professional.—Notwithstanding any other provision of law, a
 1054  person who was certified through a certification process
 1055  recognized by the former Department of Health and Rehabilitative
 1056  Services before January 1, 1995, may perform the duties of a
 1057  qualified professional with respect to substance abuse treatment
 1058  services as defined in this chapter, and need not meet the
 1059  certification requirements contained in s. 397.311(36) s.
 1060  397.311(35).
 1061         Section 20. Subsection (11) is added to section 397.501,
 1062  Florida Statutes, to read:
 1063         397.501 Rights of individuals.—Individuals receiving
 1064  substance abuse services from any service provider are
 1065  guaranteed protection of the rights specified in this section,
 1066  unless otherwise expressly provided, and service providers must
 1067  ensure the protection of such rights.
 1068         (11) POST-DISCHARGE RIGHT TO CONTINUUM OF CARE.Upon
 1069  discharge, a respondent with a serious substance abuse addiction
 1070  must be afforded the essential elements of recovery and placed
 1071  in a continuum of care regimen. The department shall adopt rules
 1072  specifying the services that must be provided to such
 1073  respondents and identifying which substance abuse addictions
 1074  entitle a respondent to such services.
 1075         Section 21. Section 397.675, Florida Statutes, is amended
 1076  to read:
 1077         397.675 Criteria for involuntary admissions, including
 1078  protective custody, emergency admission, and other involuntary
 1079  assessment, involuntary treatment, and alternative involuntary
 1080  assessment for minors, for purposes of assessment and
 1081  stabilization, and for involuntary treatment.—A person meets the
 1082  criteria for involuntary admission if there is good faith reason
 1083  to believe that the person is substance abuse impaired or has a
 1084  co-occurring mental health disorder and, because of such
 1085  impairment or disorder:
 1086         (1) Has lost the power of self-control with respect to
 1087  substance abuse, or has a history of noncompliance with
 1088  substance abuse treatment; and
 1089         (2)(a) Is in need of substance abuse services and, by
 1090  reason of substance abuse impairment, his or her judgment has
 1091  been so impaired that he or she is refusing voluntary care after
 1092  a sufficient and conscientious explanation and disclosure of the
 1093  purpose for such services, or is incapable of appreciating his
 1094  or her need for such services and of making a rational decision
 1095  in that regard, although mere refusal to receive such services
 1096  does not constitute evidence of lack of judgment with respect to
 1097  his or her need for such services; and or
 1098         (3)(a)(b) Without care or treatment, is likely to suffer
 1099  from neglect or refuse to care for himself or herself; that such
 1100  neglect or refusal poses a real and present threat of
 1101  substantial harm to his or her well-being; and that it is not
 1102  apparent that such harm may be avoided through the help of
 1103  willing, able, and responsible family members or friends or the
 1104  provision of other services;, or
 1105         (b) There is substantial likelihood that, in the near
 1106  future and without services, the person will inflict serious
 1107  harm to self or others, as evidenced by acts, omissions, or
 1108  behavior causing, attempting, or threatening such harm, which
 1109  includes, but is not limited to, significant property damage has
 1110  inflicted, or threatened to or attempted to inflict, or, unless
 1111  admitted, is likely to inflict, physical harm on himself,
 1112  herself, or another.
 1113         Section 22. Subsection (1) of section 397.6751, Florida
 1114  Statutes, is amended to read:
 1115         397.6751 Service provider responsibilities regarding
 1116  involuntary admissions.—
 1117         (1) It is the responsibility of the service provider to:
 1118         (a) Ensure that a person who is admitted to a licensed
 1119  service component meets the admission criteria specified in s.
 1120  397.675;
 1121         (b) Ascertain whether the medical and behavioral conditions
 1122  of the person, as presented, are beyond the safe management
 1123  capabilities of the service provider;
 1124         (c) Provide for the admission of the person to the service
 1125  component that represents the most appropriate and least
 1126  restrictive available setting that is responsive to the person’s
 1127  treatment needs;
 1128         (d) Verify that the admission of the person to the service
 1129  component does not result in a census in excess of its licensed
 1130  service capacity;
 1131         (e) Determine whether the cost of services is within the
 1132  financial means of the person or those who are financially
 1133  responsible for the person’s care; and
 1134         (f) Take all necessary measures to ensure that each
 1135  individual in treatment is provided with a safe environment, and
 1136  to ensure that each individual whose medical condition or
 1137  behavioral problem becomes such that he or she cannot be safely
 1138  managed by the service component is discharged and referred to a
 1139  more appropriate setting for care.
 1140         Section 23. Section 397.681, Florida Statutes, is amended
 1141  to read:
 1142         397.681 Involuntary petitions; general provisions; court
 1143  jurisdiction and right to counsel.—
 1144         (1) JURISDICTION.—The courts have jurisdiction of
 1145  involuntary assessment and stabilization petitions and
 1146  involuntary treatment petitions for substance abuse impaired
 1147  persons, and such petitions must be filed with the clerk of the
 1148  court in the county where the person is located. The clerk of
 1149  the court may not charge a fee for the filing of a petition
 1150  under this section. The chief judge may appoint a general or
 1151  special magistrate to preside over all or part of the
 1152  proceedings. The alleged impaired person is named as the
 1153  respondent.
 1154         (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
 1155  at every stage of a proceeding relating to a petition for his or
 1156  her involuntary assessment and a petition for his or her
 1157  involuntary treatment for substance abuse impairment. A
 1158  respondent who desires counsel and is unable to afford private
 1159  counsel has the right to court-appointed counsel and to the
 1160  benefits of s. 57.081. If the court believes that the respondent
 1161  needs the assistance of counsel, the court shall appoint such
 1162  counsel for the respondent without regard to the respondent’s
 1163  wishes. If the respondent is a minor not otherwise represented
 1164  in the proceeding, the court shall immediately appoint a
 1165  guardian ad litem to act on the minor’s behalf.
 1166         (3) STATE REPRESENTATIVE.—Subject to legislative
 1167  appropriation, for all court-involved involuntary proceedings
 1168  under this chapter, the state attorney for the circuit in which
 1169  the respondent is located shall represent the state rather than
 1170  the petitioner as the real party of interest in the proceeding,
 1171  but the state attorney must be respectful of the petitioner’s
 1172  interests and concerns. In order to evaluate and prepare its
 1173  case, the state attorney may access, by subpoena if necessary,
 1174  the respondent, the witnesses, and all relevant records. Such
 1175  records include, but are not limited to, any social media,
 1176  school records, clinical files, and reports documenting contact
 1177  the respondent may have had with law enforcement officers or
 1178  other state agencies. However, these records shall remain
 1179  confidential, and the petitioner may not access any records
 1180  obtained by the state attorney unless such records are entered
 1181  into the court file. In addition, the state attorney may not use
 1182  any records obtained under this part for criminal investigation
 1183  or prosecution purposes, or for any purpose other than the
 1184  respondent’s civil commitment under this chapter.
 1185         Section 24. Section 397.6811, Florida Statutes, is
 1186  repealed.
 1187         Section 25. Section 397.6814, Florida Statutes, is
 1188  repealed.
 1189         Section 26. Section 397.6815, Florida Statutes, is
 1190  repealed.
 1191         Section 27. Section 397.6818, Florida Statutes, is
 1192  repealed.
 1193         Section 28. Section 397.6819, Florida Statutes, is
 1194  repealed.
 1195         Section 29. Section 397.6821, Florida Statutes, is
 1196  repealed.
 1197         Section 30. Section 397.6822, Florida Statutes, is
 1198  repealed.
 1199         Section 31. Section 397.693, Florida Statutes, is amended
 1200  to read:
 1201         397.693 Involuntary treatment.—A person may be the subject
 1202  of a petition for court-ordered involuntary treatment pursuant
 1203  to this part, if that person:
 1204         (1) Reasonably appears to meet meets the criteria for
 1205  involuntary admission provided in s. 397.675; and:
 1206         (2)(1) Has been placed under protective custody pursuant to
 1207  s. 397.677 within the previous 10 days;
 1208         (3)(2) Has been subject to an emergency admission pursuant
 1209  to s. 397.679 within the previous 10 days; or
 1210         (4)(3) Has been assessed by a qualified professional within
 1211  30 5 days;
 1212         (4) Has been subject to involuntary assessment and
 1213  stabilization pursuant to s. 397.6818 within the previous 12
 1214  days; or
 1215         (5) Has been subject to alternative involuntary admission
 1216  pursuant to s. 397.6822 within the previous 12 days.
 1217         Section 32. Section 397.695, Florida Statutes, is amended
 1218  to read:
 1219         397.695 Involuntary treatment services; persons who may
 1220  petition.—
 1221         (1) If the respondent is an adult, a petition for
 1222  involuntary treatment services may be filed by the respondent’s
 1223  spouse or legal guardian, any relative, a service provider, or
 1224  an adult who has direct personal knowledge of the respondent’s
 1225  substance abuse impairment and his or her prior course of
 1226  assessment and treatment.
 1227         (2) If the respondent is a minor, a petition for
 1228  involuntary treatment may be filed by a parent, legal guardian,
 1229  or service provider.
 1230         (3) The court or the clerk of the court may waive or
 1231  prohibit any service of process fees if a petitioner is
 1232  determined to be indigent under s. 57.082.
 1233         Section 33. Section 397.6951, Florida Statutes, is amended
 1234  to read:
 1235         397.6951 Contents of petition for involuntary treatment
 1236  services.—
 1237         (1) A petition for involuntary treatment services must
 1238  contain the name of the respondent; the name of the petitioner
 1239  or petitioners; the relationship between the respondent and the
 1240  petitioner; the name of the respondent’s attorney, if known; the
 1241  findings and recommendations of the assessment performed by the
 1242  qualified professional; and the factual allegations presented by
 1243  the petitioner establishing the need for involuntary outpatient
 1244  services for substance abuse impairment. The factual allegations
 1245  must demonstrate the reason for the petitioner’s belief that the
 1246  respondent:
 1247         (1) The reason for the petitioner’s belief that the
 1248  respondent is substance abuse impaired;
 1249         (a)(2)The reason for the petitioner’s belief that because
 1250  of such impairment the respondent Has lost the power of self
 1251  control with respect to substance abuse, or has a history of
 1252  noncompliance with substance abuse treatment; and
 1253         (b)Needs substance abuse services, but his or her judgment
 1254  is so impaired by substance abuse that he or she either is
 1255  refusing voluntary care after a sufficient and conscientious
 1256  explanation and disclosure of the purpose of such services, or
 1257  is incapable of appreciating his or her need for such services
 1258  and of making a rational decision in that regard; and
 1259         (c)1.Without services, is likely to suffer from neglect or
 1260  refuse to care for himself or herself; that the neglect or
 1261  refusal poses a real and present threat of substantial harm to
 1262  his or her well-being; and that it is not apparent that the harm
 1263  may be avoided through the help of willing, able, and
 1264  responsible family members or friends or the provision of other
 1265  services; or
 1266         2. There is a substantial likelihood that in the near
 1267  future and without services, the respondent will inflict serious
 1268  harm to self or others, as evidenced by acts, omissions, or
 1269  behavior causing, attempting, or threatening such harm, which
 1270  includes, but is not limited to, significant property damage
 1271         (3)(a) The reason the petitioner believes that the
 1272  respondent has inflicted or is likely to inflict physical harm
 1273  on himself or herself or others unless the court orders the
 1274  involuntary services; or
 1275         (b) The reason the petitioner believes that the
 1276  respondent’s refusal to voluntarily receive care is based on
 1277  judgment so impaired by reason of substance abuse that the
 1278  respondent is incapable of appreciating his or her need for care
 1279  and of making a rational decision regarding that need for care.
 1280         (2) The petition may be accompanied by a certificate or
 1281  report of a qualified professional or a licensed physician who
 1282  has examined the respondent within 30 days before the petition’s
 1283  submission. This certificate or report must include the
 1284  qualified professional or physician’s findings relating to his
 1285  or her assessment of the patient and his or her treatment
 1286  recommendations. If the respondent was not assessed before the
 1287  filing of a treatment petition or refused to submit to an
 1288  evaluation, the lack of assessment or refusal must be noted in
 1289  the petition.
 1290         (3) If there is an emergency, the petition must also
 1291  describe the respondent’s exigent circumstances and include a
 1292  request for an ex parte assessment and stabilization order that
 1293  must be executed pursuant to s. 397.6955(4).
 1294         Section 34. Section 397.6955, Florida Statutes, is amended
 1295  to read:
 1296         397.6955 Duties of court upon filing of petition for
 1297  involuntary treatment services.—
 1298         (1) Upon the filing of a petition for involuntary treatment
 1299  services for a substance abuse impaired person with the clerk of
 1300  the court, the clerk must notify the state attorney’s office. In
 1301  addition, the court shall immediately determine whether the
 1302  respondent is represented by an attorney or whether the
 1303  appointment of counsel for the respondent is appropriate. If,
 1304  based on the contents of the petition, the court appoints
 1305  counsel for the person, the clerk of the court shall immediately
 1306  notify the office of criminal conflict and civil regional
 1307  counsel, created pursuant to s. 27.511, of the appointment. The
 1308  office of criminal conflict and civil regional counsel shall
 1309  represent the person until the petition is dismissed, the court
 1310  order expires, or the person is discharged from involuntary
 1311  treatment services. An attorney that represents the person named
 1312  in the petition shall have access to the person, witnesses, and
 1313  records relevant to the presentation of the person’s case and
 1314  shall represent the interests of the person, regardless of the
 1315  source of payment to the attorney.
 1316         (2) The court shall schedule a hearing to be held on the
 1317  petition within 10 court working 5 days unless a continuance is
 1318  granted. The court may appoint a magistrate to preside at the
 1319  hearing.
 1320         (3) A copy of the petition and notice of the hearing must
 1321  be provided to the respondent; the respondent’s parent,
 1322  guardian, or legal custodian, in the case of a minor; the
 1323  respondent’s attorney, if known; the petitioner; the
 1324  respondent’s spouse or guardian, if applicable; and such other
 1325  persons as the court may direct. If the respondent is a minor, a
 1326  copy of the petition and notice of the hearing must be
 1327  personally delivered to the respondent. The court shall also
 1328  issue a summons to the person whose admission is sought.
 1329         (4)(a) When the petitioner asserts that emergency
 1330  circumstances exist, or when upon review of the petition the
 1331  court determines that an emergency exists, the court may:
 1332         1.Rely solely on the contents of the petition and, without
 1333  the appointment of an attorney, enter an ex parte order for the
 1334  respondent’s involuntary assessment and stabilization which must
 1335  be executed during the period that the hearing on the petition
 1336  for treatment is pending;
 1337         2.Further order a law enforcement officer or other
 1338  designated agent of the court to take the respondent into
 1339  custody and deliver him or her to the nearest appropriate
 1340  licensed service provider to be evaluated; and
 1341         3.If a hearing date is set, serve the respondent with the
 1342  notice of hearing and a copy of the petition. The service
 1343  provider must promptly inform the court and parties of the
 1344  respondent’s arrival and may not hold the respondent for longer
 1345  than 72 hours of observation thereafter, unless:
 1346         a.The service provider seeks additional time under s.
 1347  397.6957(1)(c) and the court, after a hearing, grants that
 1348  motion; or
 1349         b.The respondent shows signs of withdrawal or a need to be
 1350  either detoxified or treated for a medical condition, which
 1351  shall reset the amount of time the respondent may be held for
 1352  observation until the issue is resolved.
 1353         (b)If the ex parte order was not executed by the initial
 1354  hearing date, it shall be deemed void. However, should the
 1355  respondent not appear at the hearing for any reason, including
 1356  lack of service, and upon reviewing the petition, testimony, and
 1357  evidence presented, the court reasonably believes the respondent
 1358  meets this chapter’s commitment criteria and that a substance
 1359  abuse emergency exists, the court may issue or reissue an ex
 1360  parte assessment and stabilization order that is valid for 90
 1361  days. If the respondent’s location is known at the time of the
 1362  hearing, the court:
 1363         1.Shall continue the case for no more than 10 court
 1364  working days;
 1365         2.May order a law enforcement officer or other designated
 1366  agent of the court to take the respondent into custody and
 1367  deliver him or her to the nearest appropriate licensed service
 1368  provider to be evaluated; and
 1369         3.May serve the respondent with notice of the rescheduled
 1370  hearing and a copy of the involuntary treatment petition if the
 1371  respondent has not already been served.
 1372  
 1373  Otherwise, the petitioner and the service provider must promptly
 1374  inform the court that the respondent has been assessed so that
 1375  the court may schedule a hearing. The service provider must
 1376  serve the respondent, before his or her discharge, with the
 1377  notice of hearing and a copy of the petition. However, if the
 1378  respondent has not been assessed after 90 days, the court must
 1379  dismiss the case.
 1380         Section 35. Section 397.6957, Florida Statutes, is amended
 1381  to read:
 1382         397.6957 Hearing on petition for involuntary treatment
 1383  services.—
 1384         (1)(a) The respondent must be present at a hearing on a
 1385  petition for involuntary treatment services unless he or she
 1386  knowingly, intelligently, and voluntarily waives his or her
 1387  right to be present or, upon receiving proof of service and
 1388  evaluating the circumstances of the case, the court finds that
 1389  his or her presence is inconsistent with his or her best
 1390  interests or is likely to be injurious to himself or herself or
 1391  others. services, The court shall hear and review all relevant
 1392  evidence, including testimony from individuals such as family
 1393  members familiar with the respondent’s prior history and how it
 1394  relates to his or her current condition, and the review of
 1395  results of the assessment completed by the qualified
 1396  professional in connection with this chapter. Absent a showing
 1397  of good cause, the court may permit all witnesses, such as any
 1398  medical professionals or personnel who are or have been involved
 1399  with the respondent’s treatment, to remotely attend and testify
 1400  at the hearing under oath via the most appropriate and
 1401  convenient technological method of communication available to
 1402  the court, including, but not limited to, teleconference the
 1403  respondent’s protective custody, emergency admission,
 1404  involuntary assessment, or alternative involuntary admission.
 1405  The respondent must be present unless the court finds that his
 1406  or her presence is likely to be injurious to himself or herself
 1407  or others, in which event the court must appoint a guardian
 1408  advocate to act in behalf of the respondent throughout the
 1409  proceedings.
 1410         (b) A respondent cannot be involuntarily ordered into
 1411  treatment under this chapter without a clinical assessment being
 1412  performed unless the respondent is present and expressly waives
 1413  the assessment or the respondent qualifies as a habitual abuser
 1414  under s. 397.6976. In nonemergency situations, if the respondent
 1415  was not, or had previously refused to be, assessed by a
 1416  qualified professional and, based on the petition, testimony,
 1417  and evidence presented, it reasonably appears that the
 1418  respondent qualifies for involuntary placement, the court shall
 1419  issue an involuntary assessment and stabilization order to
 1420  determine the appropriate level of treatment the respondent
 1421  requires. Additionally, in cases where an assessment was
 1422  attached to the petition, the respondent may request, or the
 1423  court on its own motion may order, an independent assessment by
 1424  a court-appointed physician or an otherwise agreed-upon
 1425  physician. If an assessment order is issued, it is valid for 90
 1426  days, and if the respondent is present or there is either proof
 1427  of service or his or her location is known, the involuntary
 1428  treatment hearing shall be continued for no more than 10 court
 1429  working days. Otherwise, the petitioner and the service provider
 1430  must promptly inform the court that the respondent has been
 1431  assessed so that the court may schedule a hearing. The service
 1432  provider shall then serve the respondent, before his or her
 1433  discharge, with the notice of hearing and a copy of the
 1434  petition. The assessment must occur before the new hearing date,
 1435  and if there is evidence indicating that the respondent will not
 1436  voluntarily appear at the forthcoming hearing, or is a danger to
 1437  self or others, the court may enter a preliminary order
 1438  committing the respondent to an appropriate treatment facility
 1439  for further evaluation until the date of the rescheduled
 1440  hearing. However, if after 90 days the respondent remains
 1441  unassessed, the court shall dismiss the case.
 1442         (c)1. The respondent’s assessment by a qualified
 1443  professional must occur within 72 hours after his or her arrival
 1444  at a licensed service provider unless he or she shows signs of
 1445  withdrawal or a need to be either detoxified or treated for a
 1446  medical condition, which shall reset the amount of time the
 1447  respondent may be held for observation until that issue is
 1448  resolved. If the person conducting the assessment is not a
 1449  licensed physician, the assessment must be reviewed by a
 1450  licensed physician within the 72-hour period. The service
 1451  provider must also discharge the respondent after 72 hours of
 1452  observation unless the service provider petitions the court in
 1453  writing for additional time to observe the respondent or for the
 1454  court to hold the respondent’s treatment hearing on an expedited
 1455  basis. The service provider must furnish copies of the motion to
 1456  all parties in accordance with applicable confidentiality
 1457  requirements and, after a hearing, the court may grant
 1458  additional time. The treatment hearing, however, may only be
 1459  expedited by agreement of the parties on the hearing date, or if
 1460  there is notice and proof of service as provided in s. 397.6955
 1461  (1) and (3). If the court grants the service provider’s
 1462  petition, the service provider may hold the respondent until its
 1463  extended assessment period expires or until the expedited
 1464  hearing date.
 1465         2. Upon the completion of his or her report, the qualified
 1466  professional, in accordance with applicable confidentiality
 1467  requirements, shall provide copies to the court and all relevant
 1468  parties and counsel. This report must contain a recommendation
 1469  on the level, if any, of substance abuse and, if applicable, co
 1470  occurring mental health treatment the respondent requires. The
 1471  qualified professional’s failure to include a treatment
 1472  recommendation, much like a recommendation of no treatment,
 1473  shall result in the petition’s dismissal.
 1474         (d) The court may order a law enforcement officer or other
 1475  designated agent of the court to take the respondent into
 1476  custody and transport him or her to or from the treating or
 1477  assessing service provider and the court for his or her hearing.
 1478         (2) The petitioner has the burden of proving by clear and
 1479  convincing evidence that:
 1480         (a) The respondent is substance abuse impaired, has lost
 1481  the power of self-control with respect to substance abuse, or
 1482  and has a history of lack of compliance with treatment for
 1483  substance abuse; and
 1484         (b) Because of such impairment, the respondent is unlikely
 1485  to voluntarily participate in the recommended services after
 1486  sufficient and conscientious explanation and disclosure of their
 1487  purpose, or is unable to determine for himself or herself
 1488  whether services are necessary and make a rational decision in
 1489  that regard; and:
 1490         (c)1. Without services, the respondent is likely to suffer
 1491  from neglect or refuse to care for himself or herself; that such
 1492  neglect or refusal poses a real and present threat of
 1493  substantial harm to his or her well-being; and that it is not
 1494  apparent that such harm may be avoided through the help of
 1495  willing, able, and responsible family members or friends or the
 1496  provision of other services; or
 1497         2. There is a substantial likelihood that without services,
 1498  the respondent, in the near future, will inflict serious harm to
 1499  self or others, as evidenced by acts, omissions, or behavior
 1500  causing, attempting, or threatening such harm, which includes,
 1501  but is not limited to, significant property damage cause serious
 1502  bodily harm to himself, herself, or another in the near future,
 1503  as evidenced by recent behavior; or
 1504         2. The respondent’s refusal to voluntarily receive care is
 1505  based on judgment so impaired by reason of substance abuse that
 1506  the respondent is incapable of appreciating his or her need for
 1507  care and of making a rational decision regarding that need for
 1508  care.
 1509         (3) One of the qualified professionals who executed the
 1510  involuntary services certificate must be a witness. The court
 1511  shall allow testimony from individuals, including family
 1512  members, deemed by the court to be relevant under state law,
 1513  regarding the respondent’s prior history and how that prior
 1514  history relates to the person’s current condition. The Testimony
 1515  in the hearing must be taken under oath, and the proceedings
 1516  must be recorded. The respondent patient may refuse to testify
 1517  at the hearing.
 1518         (4) If at any point during the hearing the court has reason
 1519  to believe that the respondent, due to mental illness other than
 1520  or in addition to substance abuse impairment, is likely to
 1521  injure himself or herself or another if allowed to remain at
 1522  liberty, or otherwise meets the involuntary commitment
 1523  provisions of part I of chapter 394, the court may initiate
 1524  involuntary proceedings under such provisions and may refer the
 1525  case to the department so that the department may investigate
 1526  and initiate protective services under chapter 39 or chapter 415
 1527  or provide other home health services as needed.
 1528         (5)(4) At the conclusion of the hearing, the court shall
 1529  either dismiss the petition or order the respondent to receive
 1530  involuntary treatment services from his or her chosen licensed
 1531  service provider if possible and appropriate. Any treatment
 1532  order must include findings regarding the respondent’s need for
 1533  treatment and the appropriateness of other least restrictive
 1534  alternatives. The order may designate a specific service
 1535  provider.
 1536         Section 36. Section 397.697, Florida Statutes, is amended
 1537  to read:
 1538         397.697 Court determination; effect of court order for
 1539  involuntary treatment services.—
 1540         (1)(a) When the court finds that the conditions for
 1541  involuntary treatment services have been proved by clear and
 1542  convincing evidence, it may order the respondent to receive
 1543  involuntary treatment services from a publicly funded licensed
 1544  service provider for a period not to exceed 90 days. The court
 1545  may also order a respondent to undergo treatment through a
 1546  privately funded licensed service provider if the respondent has
 1547  the ability to pay for the treatment, or if any person on the
 1548  respondent’s behalf voluntarily demonstrates a willingness and
 1549  an ability to pay for the treatment. If the court finds it
 1550  necessary, it may direct the sheriff to take the respondent into
 1551  custody and deliver him or her to the licensed service provider
 1552  specified in the court order, or to the nearest appropriate
 1553  licensed service provider, for involuntary treatment services.
 1554  When the conditions justifying involuntary treatment services no
 1555  longer exist, the individual must be released as provided in s.
 1556  397.6971. When the conditions justifying involuntary treatment
 1557  services are expected to exist after 90 days of treatment
 1558  services, a renewal of the involuntary treatment services order
 1559  may be requested pursuant to s. 397.6975 before the end of the
 1560  90-day period.
 1561         (b) To qualify for involuntary outpatient treatment, an
 1562  individual must be supervised by a willing, able, and
 1563  responsible friend, family member, social worker, guardian,
 1564  guardian advocate, or case manager of a licensed service
 1565  provider; and this supervisor shall inform the court and parties
 1566  if the respondent fails to comply with his or her outpatient
 1567  program. In addition, unless the respondent has been
 1568  involuntarily ordered into inpatient treatment under this
 1569  chapter at least twice during the last 36 months, or
 1570  demonstrates the ability to substantially comply with the
 1571  outpatient treatment while waiting for residential placement to
 1572  become available, he or she must receive an assessment from a
 1573  qualified professional or licensed physician expressly
 1574  recommending outpatient services, and it must appear likely that
 1575  the respondent will follow a prescribed outpatient care plan. It
 1576  must also appear that the respondent is unlikely to become
 1577  dangerous, suffer more serious harm or illness, or further
 1578  deteriorate if such plan is followed.
 1579         (2) In all cases resulting in an order for involuntary
 1580  treatment services, the court shall retain jurisdiction over the
 1581  case and the parties for the entry of such further orders as the
 1582  circumstances may require, including, but not limited to,
 1583  monitoring compliance with treatment, changing the treatment
 1584  modality, or initiating contempt of court proceedings for
 1585  violating any valid order issued pursuant to this chapter.
 1586  Hearings under this section may be set by motion of the parties
 1587  or under the court’s own authority, and the motion and notice of
 1588  hearing for these ancillary proceedings, which include, but are
 1589  not limited to, civil contempt, must be served in accordance
 1590  with chapter 48 or chapter 49. The court’s requirements for
 1591  notification of proposed release must be included in the
 1592  original order.
 1593         (3) An involuntary treatment services order also authorizes
 1594  the licensed service provider to require the individual to
 1595  receive treatment services that will benefit him or her,
 1596  including treatment services at any licensable service component
 1597  of a licensed service provider. While subject to the court’s
 1598  oversight, the service provider’s authority under this section
 1599  is separate and distinct from the court’s broad continuing
 1600  jurisdiction under subsection (2).
 1601         (4) If the court orders involuntary treatment services, a
 1602  copy of the order must be sent to the managing entity within 1
 1603  working day after it is received from the court. Documents may
 1604  be submitted electronically through though existing data
 1605  systems, if applicable.
 1606         Section 37. Section 397.6971, Florida Statutes, is amended
 1607  to read:
 1608         397.6971 Early release from involuntary treatment
 1609  services.—
 1610         (1) At any time before the end of the 90-day involuntary
 1611  treatment services period, or before the end of any extension
 1612  granted pursuant to s. 397.6975, an individual receiving
 1613  involuntary treatment services may be determined eligible for
 1614  discharge to the most appropriate referral or disposition for
 1615  the individual when any of the following apply:
 1616         (a) The individual no longer meets the criteria for
 1617  involuntary admission and has given his or her informed consent
 1618  to be transferred to voluntary treatment status.
 1619         (b) If the individual was admitted on the grounds of
 1620  likelihood of infliction of physical harm upon himself or
 1621  herself or others, such likelihood no longer exists.
 1622         (c) If the individual was admitted on the grounds of need
 1623  for assessment and stabilization or treatment, accompanied by
 1624  inability to make a determination respecting such need:
 1625         1. Such inability no longer exists; or
 1626         2. It is evident that further treatment will not bring
 1627  about further significant improvements in the individual’s
 1628  condition.
 1629         (d) The individual is no longer needs treatment in need of
 1630  services.
 1631         (e) The director of the service provider determines that
 1632  the individual is beyond the safe management capabilities of the
 1633  provider.
 1634         (2) Whenever a qualified professional determines that an
 1635  individual admitted for involuntary treatment services qualifies
 1636  for early release under subsection (1), the service provider
 1637  shall immediately discharge the individual and must notify all
 1638  persons specified by the court in the original treatment order.
 1639         Section 38. Section 397.6975, Florida Statutes, is amended
 1640  to read:
 1641         397.6975 Extension of involuntary treatment services
 1642  period.—
 1643         (1) Whenever a service provider believes that an individual
 1644  who is nearing the scheduled date of his or her release from
 1645  involuntary care services continues to meet the criteria for
 1646  involuntary treatment services in s. 397.693 or s. 397.6957, a
 1647  petition for renewal of the involuntary treatment services order
 1648  may be filed with the court at least 10 days before the
 1649  expiration of the court-ordered services period. The petition
 1650  may be filed by the service provider or by the person who filed
 1651  the petition for the initial treatment order if the petition is
 1652  accompanied by supporting documentation from the service
 1653  provider. The court shall immediately schedule a hearing to be
 1654  held not more than 10 court working 15 days after filing and of
 1655  the petition. The court shall provide the copy of the petition
 1656  for renewal and the notice of the hearing to all parties and
 1657  counsel to the proceeding. The hearing is conducted pursuant to
 1658  ss. 397.697 and 397.6957 and must be before the circuit court
 1659  unless referred to a magistrate s. 397.6957.
 1660         (2) If the court finds that the petition for renewal of the
 1661  involuntary treatment services order should be granted, it may
 1662  order the respondent to receive involuntary treatment services
 1663  for a period not to exceed an additional 90 days. When the
 1664  conditions justifying involuntary treatment services no longer
 1665  exist, the individual must be released as provided in s.
 1666  397.6971. When the conditions justifying involuntary treatment
 1667  services continue to exist after an additional 90 days of
 1668  treatment service, a new petition requesting renewal of the
 1669  involuntary treatment services order may be filed pursuant to
 1670  this section.
 1671         (3) Within 1 court working day after the filing of a
 1672  petition for continued involuntary services, the court shall
 1673  appoint the office of criminal conflict and civil regional
 1674  counsel to represent the respondent, unless the respondent is
 1675  otherwise represented by counsel. The clerk of the court shall
 1676  immediately notify the office of criminal conflict and civil
 1677  regional counsel of such appointment. The office of criminal
 1678  conflict and civil regional counsel shall represent the
 1679  respondent until the petition is dismissed or the court order
 1680  expires or the respondent is discharged from involuntary
 1681  services. Any attorney representing the respondent shall have
 1682  access to the respondent, witnesses, and records relevant to the
 1683  presentation of the respondent’s case and shall represent the
 1684  interests of the respondent, regardless of the source of payment
 1685  to the attorney.
 1686         (4) Hearings on petitions for continued involuntary
 1687  services shall be before the circuit court. The court may
 1688  appoint a magistrate to preside at the hearing. The procedures
 1689  for obtaining an order pursuant to this section shall be in
 1690  accordance with s. 397.697.
 1691         (5) Notice of hearing shall be provided to the respondent
 1692  or his or her counsel. The respondent and the respondent’s
 1693  counsel may agree to a period of continued involuntary services
 1694  without a court hearing.
 1695         (6) The same procedure shall be repeated before the
 1696  expiration of each additional period of involuntary services.
 1697         (7) If the respondent has previously been found incompetent
 1698  to consent to treatment, the court shall consider testimony and
 1699  evidence regarding the respondent’s competence.
 1700         Section 39. Section 397.6976, Florida Statutes, is created
 1701  to read:
 1702         397.6976 Involuntary treatment of habitual abusers.—Upon
 1703  petition by any person authorized under s. 397.695, a person who
 1704  meets the involuntary treatment criteria of this chapter who is
 1705  also determined to be a habitual abuser may be committed by the
 1706  court, after notice and hearing as provided in this chapter, to
 1707  inpatient or outpatient treatment, or some combination thereof,
 1708  without an assessment. Such commitment may not be for longer
 1709  than 90 days, unless extended pursuant to s. 397.6975. For
 1710  purposes of this section, “habitual abuser” means any person who
 1711  has been involuntarily treated for substance abuse under this
 1712  chapter 3 or more times during the 24 months before the date of
 1713  the hearing, if each prior commitment order was initially for a
 1714  period of 90 days.
 1715         Section 40. Section 397.6977, Florida Statutes, is amended
 1716  to read:
 1717         397.6977 Disposition of individual upon completion of
 1718  involuntary treatment services.—At the conclusion of the 90-day
 1719  period of court-ordered involuntary treatment services, the
 1720  respondent is automatically discharged unless a motion for
 1721  renewal of the involuntary treatment services order has been
 1722  filed with the court pursuant to s. 397.6975.
 1723         Section 41. Section 397.6978, Florida Statutes, is
 1724  repealed.
 1725         Section 42. Section 397.706, Florida Statutes, is amended
 1726  to read:
 1727         397.706 Screening, assessment, and disposition of minors
 1728  and juvenile offenders.—
 1729         (1) The substance abuse treatment needs of juvenile
 1730  offenders and their families must be identified and addressed
 1731  through diversionary programs and adjudicatory proceedings
 1732  pursuant to chapter 984 or chapter 985.
 1733         (2) The juvenile and circuit courts, in conjunction with
 1734  department substate entity administration, shall establish
 1735  policies and procedures to ensure that juvenile offenders are
 1736  appropriately screened for substance abuse problems and that
 1737  diversionary and adjudicatory proceedings include appropriate
 1738  conditions and sanctions to address substance abuse problems.
 1739  Policies and procedures must address:
 1740         (a) The designation of local service providers responsible
 1741  for screening and assessment services and dispositional
 1742  recommendations to the department and the court.
 1743         (b) The means by which juvenile offenders are processed to
 1744  ensure participation in screening and assessment services.
 1745         (c) The role of the court in securing assessments when
 1746  juvenile offenders or their families are noncompliant.
 1747         (d) Safeguards to ensure that information derived through
 1748  screening and assessment is used solely to assist in
 1749  dispositional decisions and not for purposes of determining
 1750  innocence or guilt.
 1751         (3) Because resources available to support screening and
 1752  assessment services are limited, the judicial circuits and
 1753  department substate entity administration must develop those
 1754  capabilities to the extent possible within available resources
 1755  according to the following priorities:
 1756         (a) Juvenile substance abuse offenders.
 1757         (b) Juvenile offenders who are substance abuse impaired at
 1758  the time of the offense.
 1759         (c) Second or subsequent juvenile offenders.
 1760         (d) Minors taken into custody.
 1761         (4) The court may require minors found to be substance
 1762  abuse impaired under s. 397.6957, juvenile offenders, and the
 1763  families of such minors or juvenile offenders and their families
 1764  to participate in substance abuse assessment and treatment
 1765  services in accordance with the provisions of chapter 984 or
 1766  chapter 985, and the court may use its contempt powers to
 1767  enforce its orders. If a minor violates an involuntary treatment
 1768  order and there is a substantial risk of overdose or danger to
 1769  self or others, the court’s civil contempt powers are exempt
 1770  from the time limitations of chapters 984 and 985, and the court
 1771  may instead hold the minor in contempt for the same amount of
 1772  time as his or her court-ordered treatment, if the court clearly
 1773  informs the minor that he or she may immediately purge the
 1774  contempt finding by complying with the treatment order. If the
 1775  contempt order results in incarceration, the minor must be
 1776  placed in a juvenile addictions receiving facility or, if no
 1777  such facility is available, a facility for juveniles. The court
 1778  must also hold a status conference every 1 to 2 weeks to assess
 1779  the minor’s well-being and inquire as to whether he or she will
 1780  go to, and remain in, treatment. If the incarcerated minor
 1781  agrees to comply with the court’s involuntary treatment order,
 1782  service providers must prioritize his or her placement into
 1783  treatment.
 1784         Section 43. Paragraph (b) of subsection (1) of section
 1785  409.972, Florida Statutes, is amended to read:
 1786         409.972 Mandatory and voluntary enrollment.—
 1787         (1) The following Medicaid-eligible persons are exempt from
 1788  mandatory managed care enrollment required by s. 409.965, and
 1789  may voluntarily choose to participate in the managed medical
 1790  assistance program:
 1791         (b) Medicaid recipients residing in residential commitment
 1792  facilities operated through the Department of Juvenile Justice
 1793  or a treatment facility as defined in s. 394.455 s. 394.455(47).
 1794         Section 44. Paragraph (e) of subsection (4) of section
 1795  464.012, Florida Statutes, is amended to read:
 1796         464.012 Licensure of advanced practice registered nurses;
 1797  fees; controlled substance prescribing.—
 1798         (4) In addition to the general functions specified in
 1799  subsection (3), an advanced practice registered nurse may
 1800  perform the following acts within his or her specialty:
 1801         (e) A psychiatric nurse, who meets the requirements in s.
 1802  394.455(36) s. 394.455(35), within the framework of an
 1803  established protocol with a psychiatrist, may prescribe
 1804  psychotropic controlled substances for the treatment of mental
 1805  disorders.
 1806         Section 45. Subsection (7) of section 744.2007, Florida
 1807  Statutes, is amended to read:
 1808         744.2007 Powers and duties.—
 1809         (7) A public guardian may not commit a ward to a treatment
 1810  facility, as defined in s. 394.455 s. 394.455(47), without an
 1811  involuntary placement proceeding as provided by law.
 1812         Section 46. Paragraph (a) of subsection (2) of section
 1813  790.065, Florida Statutes, is amended to read:
 1814         790.065 Sale and delivery of firearms.—
 1815         (2) Upon receipt of a request for a criminal history record
 1816  check, the Department of Law Enforcement shall, during the
 1817  licensee’s call or by return call, forthwith:
 1818         (a) Review any records available to determine if the
 1819  potential buyer or transferee:
 1820         1. Has been convicted of a felony and is prohibited from
 1821  receipt or possession of a firearm pursuant to s. 790.23;
 1822         2. Has been convicted of a misdemeanor crime of domestic
 1823  violence, and therefore is prohibited from purchasing a firearm;
 1824         3. Has had adjudication of guilt withheld or imposition of
 1825  sentence suspended on any felony or misdemeanor crime of
 1826  domestic violence unless 3 years have elapsed since probation or
 1827  any other conditions set by the court have been fulfilled or
 1828  expunction has occurred; or
 1829         4. Has been adjudicated mentally defective or has been
 1830  committed to a mental institution by a court or as provided in
 1831  sub-sub-subparagraph b.(II), and as a result is prohibited by
 1832  state or federal law from purchasing a firearm.
 1833         a. As used in this subparagraph, “adjudicated mentally
 1834  defective” means a determination by a court that a person, as a
 1835  result of marked subnormal intelligence, or mental illness,
 1836  incompetency, condition, or disease, is a danger to himself or
 1837  herself or to others or lacks the mental capacity to contract or
 1838  manage his or her own affairs. The phrase includes a judicial
 1839  finding of incapacity under s. 744.331(6)(a), an acquittal by
 1840  reason of insanity of a person charged with a criminal offense,
 1841  and a judicial finding that a criminal defendant is not
 1842  competent to stand trial.
 1843         b. As used in this subparagraph, “committed to a mental
 1844  institution” means:
 1845         (I) Involuntary commitment, commitment for mental
 1846  defectiveness or mental illness, and commitment for substance
 1847  abuse. The phrase includes involuntary inpatient placement under
 1848  as defined in s. 394.467, involuntary outpatient placement as
 1849  defined in s. 394.4655, involuntary assessment and stabilization
 1850  under s. 397.6818, and involuntary substance abuse treatment
 1851  under s. 397.6957, but does not include a person in a mental
 1852  institution for observation or discharged from a mental
 1853  institution based upon the initial review by the physician or a
 1854  voluntary admission to a mental institution; or
 1855         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 1856  admission to a mental institution for outpatient or inpatient
 1857  treatment of a person who had an involuntary examination under
 1858  s. 394.463, where each of the following conditions have been
 1859  met:
 1860         (A) An examining physician found that the person is an
 1861  imminent danger to himself or herself or others.
 1862         (B) The examining physician certified that if the person
 1863  did not agree to voluntary treatment, a petition for involuntary
 1864  outpatient or inpatient treatment would have been filed under s.
 1865  394.463(2)(g)4., or the examining physician certified that a
 1866  petition was filed and the person subsequently agreed to
 1867  voluntary treatment prior to a court hearing on the petition.
 1868         (C) Before agreeing to voluntary treatment, the person
 1869  received written notice of that finding and certification, and
 1870  written notice that as a result of such finding, he or she may
 1871  be prohibited from purchasing a firearm, and may not be eligible
 1872  to apply for or retain a concealed weapon or firearms license
 1873  under s. 790.06 and the person acknowledged such notice in
 1874  writing, in substantially the following form:
 1875  
 1876  “I understand that the doctor who examined me believes I am a
 1877  danger to myself or to others. I understand that if I do not
 1878  agree to voluntary treatment, a petition will be filed in court
 1879  to require me to receive involuntary treatment. I understand
 1880  that if that petition is filed, I have the right to contest it.
 1881  In the event a petition has been filed, I understand that I can
 1882  subsequently agree to voluntary treatment prior to a court
 1883  hearing. I understand that by agreeing to voluntary treatment in
 1884  either of these situations, I may be prohibited from buying
 1885  firearms and from applying for or retaining a concealed weapons
 1886  or firearms license until I apply for and receive relief from
 1887  that restriction under Florida law.”
 1888  
 1889         (D) A judge or a magistrate has, pursuant to sub-sub
 1890  subparagraph c.(II), reviewed the record of the finding,
 1891  certification, notice, and written acknowledgment classifying
 1892  the person as an imminent danger to himself or herself or
 1893  others, and ordered that such record be submitted to the
 1894  department.
 1895         c. In order to check for these conditions, the department
 1896  shall compile and maintain an automated database of persons who
 1897  are prohibited from purchasing a firearm based on court records
 1898  of adjudications of mental defectiveness or commitments to
 1899  mental institutions.
 1900         (I) Except as provided in sub-sub-subparagraph (II), clerks
 1901  of court shall submit these records to the department within 1
 1902  month after the rendition of the adjudication or commitment.
 1903  Reports shall be submitted in an automated format. The reports
 1904  must, at a minimum, include the name, along with any known alias
 1905  or former name, the sex, and the date of birth of the subject.
 1906         (II) For persons committed to a mental institution pursuant
 1907  to sub-sub-subparagraph b.(II), within 24 hours after the
 1908  person’s agreement to voluntary admission, a record of the
 1909  finding, certification, notice, and written acknowledgment must
 1910  be filed by the administrator of the receiving or treatment
 1911  facility, as defined in s. 394.455, with the clerk of the court
 1912  for the county in which the involuntary examination under s.
 1913  394.463 occurred. No fee shall be charged for the filing under
 1914  this sub-sub-subparagraph. The clerk must present the records to
 1915  a judge or magistrate within 24 hours after receipt of the
 1916  records. A judge or magistrate is required and has the lawful
 1917  authority to review the records ex parte and, if the judge or
 1918  magistrate determines that the record supports the classifying
 1919  of the person as an imminent danger to himself or herself or
 1920  others, to order that the record be submitted to the department.
 1921  If a judge or magistrate orders the submittal of the record to
 1922  the department, the record must be submitted to the department
 1923  within 24 hours.
 1924         d. A person who has been adjudicated mentally defective or
 1925  committed to a mental institution, as those terms are defined in
 1926  this paragraph, may petition the court that made the
 1927  adjudication or commitment, or the court that ordered that the
 1928  record be submitted to the department pursuant to sub-sub
 1929  subparagraph c.(II), for relief from the firearm disabilities
 1930  imposed by such adjudication or commitment. A copy of the
 1931  petition shall be served on the state attorney for the county in
 1932  which the person was adjudicated or committed. The state
 1933  attorney may object to and present evidence relevant to the
 1934  relief sought by the petition. The hearing on the petition may
 1935  be open or closed as the petitioner may choose. The petitioner
 1936  may present evidence and subpoena witnesses to appear at the
 1937  hearing on the petition. The petitioner may confront and cross
 1938  examine witnesses called by the state attorney. A record of the
 1939  hearing shall be made by a certified court reporter or by court
 1940  approved electronic means. The court shall make written findings
 1941  of fact and conclusions of law on the issues before it and issue
 1942  a final order. The court shall grant the relief requested in the
 1943  petition if the court finds, based on the evidence presented
 1944  with respect to the petitioner’s reputation, the petitioner’s
 1945  mental health record and, if applicable, criminal history
 1946  record, the circumstances surrounding the firearm disability,
 1947  and any other evidence in the record, that the petitioner will
 1948  not be likely to act in a manner that is dangerous to public
 1949  safety and that granting the relief would not be contrary to the
 1950  public interest. If the final order denies relief, the
 1951  petitioner may not petition again for relief from firearm
 1952  disabilities until 1 year after the date of the final order. The
 1953  petitioner may seek judicial review of a final order denying
 1954  relief in the district court of appeal having jurisdiction over
 1955  the court that issued the order. The review shall be conducted
 1956  de novo. Relief from a firearm disability granted under this
 1957  sub-subparagraph has no effect on the loss of civil rights,
 1958  including firearm rights, for any reason other than the
 1959  particular adjudication of mental defectiveness or commitment to
 1960  a mental institution from which relief is granted.
 1961         e. Upon receipt of proper notice of relief from firearm
 1962  disabilities granted under sub-subparagraph d., the department
 1963  shall delete any mental health record of the person granted
 1964  relief from the automated database of persons who are prohibited
 1965  from purchasing a firearm based on court records of
 1966  adjudications of mental defectiveness or commitments to mental
 1967  institutions.
 1968         f. The department is authorized to disclose data collected
 1969  pursuant to this subparagraph to agencies of the Federal
 1970  Government and other states for use exclusively in determining
 1971  the lawfulness of a firearm sale or transfer. The department is
 1972  also authorized to disclose this data to the Department of
 1973  Agriculture and Consumer Services for purposes of determining
 1974  eligibility for issuance of a concealed weapons or concealed
 1975  firearms license and for determining whether a basis exists for
 1976  revoking or suspending a previously issued license pursuant to
 1977  s. 790.06(10). When a potential buyer or transferee appeals a
 1978  nonapproval based on these records, the clerks of court and
 1979  mental institutions shall, upon request by the department,
 1980  provide information to help determine whether the potential
 1981  buyer or transferee is the same person as the subject of the
 1982  record. Photographs and any other data that could confirm or
 1983  negate identity must be made available to the department for
 1984  such purposes, notwithstanding any other provision of state law
 1985  to the contrary. Any such information that is made confidential
 1986  or exempt from disclosure by law shall retain such confidential
 1987  or exempt status when transferred to the department.
 1988         Section 47. This act shall take effect July 1, 2020.

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