Florida Senate - 2015                                    SB 7070
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-02889-15                                          20157070__
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 394.453, F.S.; adding substance abuse
    4         impairment to a list of disorders for which the
    5         Legislature intends to develop treatment programs;
    6         providing that dignity and human rights are guaranteed
    7         to all individuals who are admitted to substance abuse
    8         facilities; amending s. 394.455, F.S.; defining and
    9         redefining terms; amending s. 394.457, F.S.; adding
   10         substance abuse services as a program focus for which
   11         the Department of Children and Families is
   12         responsible; removing the department’s responsibility
   13         for personnel standards; amending s. 394.4573, F.S.;
   14         redefining terms; adding substance abuse care as an
   15         element of the continuity of care management system
   16         that the department must establish; removing duties
   17         and measures of performance of the department
   18         regarding a continuity of care management system;
   19         amending s. 394.459, F.S.; extending a right to
   20         dignity to all individuals held for examination or
   21         admitted for mental health or substance abuse
   22         treatment; providing procedural requirements that must
   23         be followed to detain without consent an individual
   24         who has a mental illness or substance abuse impairment
   25         but who has not been charged with a criminal offense;
   26         providing that individuals held for examination or
   27         admitted for treatment at a facility have a right to
   28         certain evaluation and treatment procedures; removing
   29         provisions regarding express and informed consent for
   30         medical procedures requiring the use of a general
   31         anesthetic or electroconvulsive treatment; requiring
   32         facilities to have written procedures for reporting
   33         events that place individuals receiving services at
   34         risk of harm; requiring service providers to provide
   35         information concerning advance directives to
   36         individuals receiving services; amending s. 394.4597,
   37         F.S.; specifying certain persons who are prohibited
   38         from being selected as an individual’s representative;
   39         providing certain rights for an individual’s
   40         representative; amending s. 394.4598, F.S.; specifying
   41         certain persons who are prohibited from being
   42         appointed as an individual’s guardian advocate;
   43         providing guidelines for decisions of guardian
   44         advocates; amending s. 394.4599, F.S.; adding health
   45         care surrogate or proxy to those individuals who have
   46         responsibilities to act on behalf of an individual
   47         admitted to a facility; amending s. 394.4615, F.S.;
   48         adding a condition under which the clinical record of
   49         an individual must be released to the state attorney;
   50         amending s. 394.462, F.S.; providing that a person in
   51         custody for a felony other than a forcible felony
   52         shall be transported to the nearest receiving facility
   53         for examination; providing that a law enforcement
   54         officer may transport an individual meeting the
   55         criteria for voluntary admission to a mental health
   56         receiving facility, addictions receiving facility, or
   57         detoxification facility at the individual’s request;
   58         amending s. 394.4625, F.S.; providing criteria for the
   59         examination and treatment of an individual admitted to
   60         a facility on voluntary status; providing criteria for
   61         the release or discharge of an individual on voluntary
   62         status; providing that an individual on voluntary
   63         status who is released or discharged and is currently
   64         charged with a crime shall be returned to the custody
   65         of a law enforcement officer; providing procedures for
   66         transferring an individual to voluntary status and
   67         transferring an individual to involuntary status;
   68         amending s. 394.463, F.S.; providing for the
   69         involuntary examination of a person for a substance
   70         abuse impairment; providing for the transportation of
   71         an individual for an involuntary examination;
   72         providing that a certificate for an involuntary
   73         examination must contain certain information;
   74         providing criteria and procedures for the release of
   75         an individual held for involuntary examination from
   76         receiving or treatment facilities; amending s.
   77         394.4655, F.S.; adding substance abuse impairment as a
   78         condition to which criteria for involuntary outpatient
   79         placement apply; providing guidelines for an attorney
   80         representing an individual subject to proceedings for
   81         involuntary outpatient placement; providing guidelines
   82         for the state attorney in prosecuting a petition for
   83         involuntary placement; requiring the court to consider
   84         certain information when determining whether to
   85         appoint a guardian advocate for the individual;
   86         requiring the court to inform the individual and his
   87         or her representatives of the individual’s right to an
   88         independent expert examination with regard to
   89         proceedings for involuntary outpatient placement;
   90         amending s. 394.467, F.S.; adding substance abuse
   91         impairment as a condition to which criteria for
   92         involuntary inpatient placement apply; adding
   93         addictions receiving facilities and detoxification
   94         facilities as identified receiving facilities;
   95         providing for first and second medical opinions in
   96         proceedings for placement for treatment of substance
   97         abuse impairment; providing guidelines for attorney
   98         representation of an individual subject to proceedings
   99         for involuntary inpatient placement; providing
  100         guidelines for the state attorney in prosecuting a
  101         petition for involuntary placement; setting standards
  102         for the court to accept a waiver of the individual’s
  103         rights; requiring the court to consider certain
  104         testimony regarding the individual’s prior history in
  105         proceedings; requiring the Division of Administrative
  106         Hearings to inform the individual and his or her
  107         representatives of the right to an independent expert
  108         examination; amending s. 394.4672, F.S.; providing
  109         authority of facilities of the United States
  110         Department of Veterans Affairs to conduct certain
  111         examinations and provide certain treatments; amending
  112         s. 394.875, F.S.; removing a limitation on the amount
  113         of beds in crisis stabilization units; transferring
  114         and renumbering s. 765.401, F.S.; transferring and
  115         renumbering s. 765.404, F.S.; providing a directive to
  116         the Division of Law Revision and Information; creating
  117         s. 765.4015, F.S.; providing a short title; creating
  118         s. 765.402, F.S.; providing legislative findings;
  119         creating s. 765.403, F.S.; defining terms; creating s.
  120         765.405, F.S.; authorizing an adult with capacity to
  121         execute a mental health or substance abuse treatment
  122         advance directive; providing a presumption of validity
  123         if certain requirements are met; specifying provisions
  124         that an advance directive may include; creating s.
  125         765.406, F.S.; providing for execution of the mental
  126         health or substance abuse treatment advance directive;
  127         establishing requirements for a valid mental health or
  128         substance abuse treatment advance directive; providing
  129         that a mental health or substance abuse treatment
  130         advance directive is valid upon execution even if a
  131         part of the advance directive takes effect at a later
  132         date; allowing a mental health or substance abuse
  133         treatment advance directive to be revoked, in whole or
  134         in part, or to expire under its own terms; specifying
  135         that a mental health or substance abuse treatment
  136         advance directive does not or may not serve specified
  137         purposes; creating s. 765.407, F.S.; providing
  138         circumstances under which a mental health or substance
  139         abuse treatment advance directive may be revoked;
  140         providing circumstances under which a principal may
  141         waive specific directive provisions without revoking
  142         the advance directive; creating s. 765.410, F.S.;
  143         prohibiting criminal prosecution of a health care
  144         facility, provider, or surrogate who acts pursuant to
  145         a mental health or substance abuse treatment decision;
  146         creating s. 765.411, F.S.; providing for recognition
  147         of a mental health and substance abuse treatment
  148         advance directive executed in another state if it
  149         complies with the laws of this state; creating s.
  150         916.185, F.S.; providing legislative findings and
  151         intent; defining terms; creating the Forensic Hospital
  152         Diversion Pilot Program; requiring the Department of
  153         Children and Families to implement a Forensic Hospital
  154         Diversion Pilot Program in four specified judicial
  155         circuits; providing eligibility criteria for
  156         participation in the pilot program; providing
  157         legislative intent concerning the training of judges;
  158         authorizing the department to adopt rules; directing
  159         the Office of Program Policy Analysis and Government
  160         Accountability to submit a report to the Governor and
  161         the Legislature; amending ss. 39.407, 394.4612,
  162         394.495, 394.496, 394.499, 394.67, 394.674, 394.9085,
  163         395.0197, 395.1051, 397.311, 397.431, 397.702, 397.94,
  164         402.3057, 409.1757, 409.972, 456.0575, 744.704,
  165         765.101, 765.104 and 790.065, F.S.; conforming cross
  166         references; repealing ss. 397.601, 397.675, 397.6751,
  167         397.6752, 397.6758, 397.6759, 397.677, 397.6771,
  168         397.6772, 397.6773, 397.6774, 397.6775, 397.679,
  169         397.6791, 397.6793, 397.6795, 397.6797, 397.6798,
  170         397.6799, 397.681, 397.6811, 397.6814, 397.6815,
  171         397.6818, 397,6819, 397. 6821, 397.6822, 397.693,
  172         397.695, 397.6951, 397.6955, 397.6957, 397.697,
  173         397.6971, 397.6975, and 397.6977, F.S.; providing an
  174         effective date.
  175          
  176  Be It Enacted by the Legislature of the State of Florida:
  177  
  178         Section 1. Section 394.453, Florida Statutes, is amended to
  179  read:
  180         394.453 Legislative intent.—It is the intent of the
  181  Legislature to authorize and direct the Department of Children
  182  and Families to evaluate, research, plan, and recommend to the
  183  Governor and the Legislature programs designed to reduce the
  184  occurrence, severity, duration, and disabling aspects of mental,
  185  emotional, and behavioral disorders, and substance abuse
  186  impairment. It is the intent of the Legislature that treatment
  187  programs for such disorders shall include, but not be limited
  188  to, comprehensive health, social, educational, and
  189  rehabilitative services for individuals to persons requiring
  190  intensive short-term and continued treatment in order to
  191  encourage them to assume responsibility for their treatment and
  192  recovery. It is intended that such individuals persons be
  193  provided with emergency service and temporary detention for
  194  evaluation if when required; that they be admitted to treatment
  195  facilities if on a voluntary basis when extended or continuing
  196  care is needed and unavailable in the community; that
  197  involuntary placement be provided only if when expert evaluation
  198  determines that it is necessary; that any involuntary treatment
  199  or examination be accomplished in a setting that which is
  200  clinically appropriate and most likely to facilitate the
  201  individual’s person’s return to the community as soon as
  202  possible; and that individual dignity and human rights be
  203  guaranteed to all individuals persons who are admitted to mental
  204  health and substance abuse treatment facilities or who are being
  205  held under s. 394.463. It is the further intent of the
  206  Legislature that the least restrictive means of intervention be
  207  employed based on the individual’s individual needs of each
  208  person, within the scope of available services. It is the policy
  209  of this state that the use of restraint and seclusion on clients
  210  is justified only as an emergency safety measure to be used in
  211  response to imminent danger to the individual client or others.
  212  It is, therefore, the intent of the Legislature to achieve an
  213  ongoing reduction in the use of restraint and seclusion in
  214  programs and facilities serving individuals persons with mental
  215  illness or who have a substance abuse impairment.
  216         Section 2. Section 394.455, Florida Statutes, is reordered
  217  and amended to read:
  218         394.455 Definitions.—As used in this part, unless the
  219  context clearly requires otherwise, the term:
  220         (1) “Addictions receiving facility” means a secure, acute
  221  care facility that, at a minimum, provides detoxification and
  222  stabilization services; is operated 24 hours per day, 7 days per
  223  week; and is designated by the department to serve individuals
  224  found to be substance abuse impaired as defined in subsection
  225  (44) who qualify for services under this section.
  226         (2)(1) “Administrator” means the chief administrative
  227  officer of a receiving or treatment facility or his or her
  228  designee.
  229         (3) “Adult” means an individual who is 18 years of age or
  230  older, or who has had the disability of nonage removed pursuant
  231  to s. 743.01 or s. 743.015.
  232         (4) “Advanced registered nurse practitioner” means any
  233  person licensed in this state to practice professional nursing
  234  who is certified in advanced or specialized nursing practice
  235  under s. 464.012.
  236         (36)(2) “Clinical Psychologist” means a psychologist as
  237  defined in s. 490.003(7) with 3 years of postdoctoral experience
  238  in the practice of clinical psychology, inclusive of the
  239  experience required for licensure, or a psychologist employed by
  240  a facility operated by the United States Department of Veterans
  241  Affairs that qualifies as a receiving or treatment facility
  242  under this part.
  243         (5)(3) “Clinical record” means all parts of the record
  244  required to be maintained and includes all medical records,
  245  progress notes, charts, and admission and discharge data, and
  246  all other information recorded by a facility staff which
  247  pertains to an individual’s the patient’s hospitalization or
  248  treatment.
  249         (6)(4) “Clinical social worker” means a person licensed as
  250  a clinical social worker under s. 491.005 or s. 491.006 or a
  251  person employed as a clinical social worker by a facility
  252  operated by the United States Department of Veterans Affairs or
  253  the United States Department of Defense under chapter 491.
  254         (7)(5) “Community facility” means a any community service
  255  provider contracting with the department to furnish substance
  256  abuse or mental health services under part IV of this chapter.
  257         (8)(6) “Community mental health center or clinic” means a
  258  publicly funded, not-for-profit center that which contracts with
  259  the department for the provision of inpatient, outpatient, day
  260  treatment, or emergency services.
  261         (9)(7) “Court,” unless otherwise specified, means the
  262  circuit court.
  263         (10)(8) “Department” means the Department of Children and
  264  Families.
  265         (11) “Detoxification facility” means a facility licensed to
  266  provide detoxification services under chapter 397.
  267         (12) “Electronic means” means a form of telecommunication
  268  that requires all parties to maintain visual as well as audio
  269  communication.
  270         (13)(9) “Express and informed consent” means consent
  271  voluntarily given in writing, by a competent individual person,
  272  after sufficient explanation and disclosure of the subject
  273  matter involved to enable the individual person to make a
  274  knowing and willful decision without any element of force,
  275  fraud, deceit, duress, or other form of constraint or coercion.
  276         (14)(10) “Facility” means any hospital, community facility,
  277  public or private facility, or receiving or treatment facility
  278  providing for the evaluation, diagnosis, care, treatment,
  279  training, or hospitalization of individuals persons who appear
  280  to have a mental illness or who have been diagnosed as having a
  281  mental illness or substance abuse impairment. The term
  282  “Facility” does not include a any program or entity licensed
  283  under pursuant to chapter 400 or chapter 429.
  284         (15) “Governmental facility” means a facility owned,
  285  operated, or administered by the Department of Corrections or
  286  the United States Department of Veterans Affairs.
  287         (16)(11) “Guardian” means the natural guardian of a minor,
  288  or a person appointed by a court to act on behalf of a ward’s
  289  person if the ward is a minor or has been adjudicated
  290  incapacitated.
  291         (17)(12) “Guardian advocate” means a person appointed by a
  292  court to make decisions regarding mental health or substance
  293  abuse treatment on behalf of an individual a patient who has
  294  been found incompetent to consent to treatment pursuant to this
  295  part. The guardian advocate may be granted specific additional
  296  powers by written order of the court, as provided in this part.
  297         (18)(13) “Hospital” means a hospital facility as defined in
  298  s. 395.002 and licensed under chapter 395 and part II of chapter
  299  408.
  300         (19)(14) “Incapacitated” means that an individual a person
  301  has been adjudicated incapacitated pursuant to part V of chapter
  302  744 and a guardian of the person has been appointed.
  303         (20)(15) “Incompetent to consent to treatment” means that
  304  an individual’s a person’s judgment is so affected by his or her
  305  mental illness, substance abuse impairment, or any medical or
  306  organic cause, that he or she the person lacks the capacity to
  307  make a well-reasoned, willful, and knowing decision concerning
  308  his or her medical, or mental health, or substance abuse
  309  treatment.
  310         (21) “Involuntary examination” means an examination
  311  performed under s. 394.463 to determine whether an individual
  312  qualifies for involuntary outpatient placement under s. 394.4655
  313  or involuntary inpatient placement under s. 394.467.
  314         (22) “Involuntary placement” means involuntary outpatient
  315  placement pursuant to s. 394.4655 or involuntary inpatient
  316  placement in a receiving or treatment facility pursuant to s.
  317  394.467.
  318         (23)(16) “Law enforcement officer” means a law enforcement
  319  officer as defined in s. 943.10.
  320         (24) “Marriage and family therapist” means a person
  321  licensed to practice marriage and family therapy under s.
  322  491.005 or s. 491.006 or a person employed as a marriage and
  323  family therapist by a facility operated by the United States
  324  Department of Veterans Affairs or the United States Department
  325  of Defense.
  326         (25) “Mental health counselor” means a person licensed to
  327  practice mental health counseling under s. 491.005 or s. 491.006
  328  or a person employed as a mental health counselor by a facility
  329  operated by the United States Department of Veterans Affairs or
  330  the United States Department of Defense.
  331         (26)(17) “Mental health overlay program” means a mobile
  332  service that which provides an independent examination for
  333  voluntary admission admissions and a range of supplemental
  334  onsite services to an individual who has persons with a mental
  335  illness in a residential setting such as a nursing home,
  336  assisted living facility, adult family-care home, or
  337  nonresidential setting such as an adult day care center.
  338  Independent examinations provided pursuant to this part through
  339  a mental health overlay program must only be provided only under
  340  contract with the department for this service or must be
  341  attached to a public receiving facility that is also a community
  342  mental health center.
  343         (28)(18) “Mental illness” means an impairment of the mental
  344  or emotional processes that exercise conscious control of one’s
  345  actions or of the ability to perceive or understand reality,
  346  which impairment substantially interferes with the individual’s
  347  person’s ability to meet the ordinary demands of living. For the
  348  purposes of this part, the term does not include a developmental
  349  disability as defined in chapter 393, intoxication, brain
  350  injury, dementia, or conditions manifested only by antisocial
  351  behavior or substance abuse impairment.
  352         (29) “Minor” means an individual who is 17 years of age or
  353  younger and who has not had the disabilities of nonage removed
  354  pursuant to s. 743.01 or s. 743.015.
  355         (30)(19) “Mobile crisis response service” means a
  356  nonresidential crisis service attached to a public receiving
  357  facility and available 24 hours a day, 7 days a week, through
  358  which provides immediate intensive assessments and
  359  interventions, including screening for admission into a mental
  360  health receiving facility, addictions receiving facility, or a
  361  detoxification facility, take place for the purpose of
  362  identifying appropriate treatment services.
  363         (20) “Patient” means any person who is held or accepted for
  364  mental health treatment.
  365         (31)(21) “Physician” means a medical practitioner licensed
  366  under chapter 458 or chapter 459 who has experience in the
  367  diagnosis and treatment of mental and nervous disorders or a
  368  physician employed by a facility operated by the United States
  369  Department of Veterans Affairs or the United States Department
  370  of Defense which qualifies as a receiving or treatment facility
  371  under this part.
  372         (32) “Physician assistant” means a person licensed under
  373  chapter 458 or chapter 459 who has experience in the diagnosis
  374  and treatment of mental disorders or a person employed as a
  375  physician assistant by a facility operated by the United States
  376  Department of Veterans Affairs or the United States Department
  377  of Defense.
  378         (33)(22) “Private facility” means any hospital or facility
  379  operated by a for-profit or not-for-profit corporation or
  380  association that provides mental health or substance abuse
  381  services and is not a public facility.
  382         (34)(23) “Psychiatric nurse” means a registered nurse
  383  licensed under part I of chapter 464 who has a master’s degree
  384  or a doctorate in psychiatric nursing and 2 years of post
  385  master’s clinical experience under the supervision of a
  386  physician or a person employed as a psychiatric nurse by a
  387  facility operated by the United States Department of Veterans
  388  Affairs or the United States Department of Defense.
  389         (35)(24) “Psychiatrist” means a medical practitioner
  390  licensed under chapter 458 or chapter 459 who has primarily
  391  diagnosed and treated mental and nervous disorders for at least
  392  a period of not less than 3 years, inclusive of psychiatric
  393  residency, or a person employed as a psychiatrist by a facility
  394  operated by the United States Department of Veterans Affairs or
  395  the United States Department of Defense.
  396         (37)(25) “Public facility” means any facility that has
  397  contracted with the department to provide mental health or
  398  substance abuse services to all individuals persons, regardless
  399  of their ability to pay, and is receiving state funds for such
  400  purpose.
  401         (27)(26) “Mental health receiving facility” means any
  402  public or private facility designated by the department to
  403  receive and hold individuals on involuntary status involuntary
  404  patients under emergency conditions or for psychiatric
  405  evaluation and to provide short-term treatment. The term does
  406  not include a county jail.
  407         (38)(27) “Representative” means a person selected pursuant
  408  to s. 394.4597(2) to receive notice of proceedings during the
  409  time a patient is held in or admitted to a receiving or
  410  treatment facility.
  411         (39)(28)(a) “Restraint” means a physical device, method, or
  412  drug used to control behavior.
  413         (a) A physical restraint is any manual method or physical
  414  or mechanical device, material, or equipment attached or
  415  adjacent to an the individual’s body so that he or she cannot
  416  easily remove the restraint and which restricts freedom of
  417  movement or normal access to one’s body.
  418         (b) A drug used as a restraint is a medication used to
  419  control an individual’s the person’s behavior or to restrict his
  420  or her freedom of movement and is not part of the standard
  421  treatment regimen for an individual having of a person with a
  422  diagnosed mental illness who is a client of the department.
  423  Physically holding an individual a person during a procedure to
  424  forcibly administer psychotropic medication is a physical
  425  restraint.
  426         (c) Restraint does not include physical devices, such as
  427  orthopedically prescribed appliances, surgical dressings and
  428  bandages, supportive body bands, or other physical holding when
  429  necessary for routine physical examinations and tests; or for
  430  purposes of orthopedic, surgical, or other similar medical
  431  treatment; when used to provide support for the achievement of
  432  functional body position or proper balance; or when used to
  433  protect an individual a person from falling out of bed.
  434         (40) “School psychologist” has the same meaning as in s.
  435  490.003.
  436         (41)(29) “Seclusion” means the physical segregation of a
  437  person in any fashion or involuntary isolation of an individual
  438  a person in a room or area from which the individual person is
  439  prevented from leaving. The prevention may be by physical
  440  barrier or by a staff member who is acting in a manner, or who
  441  is physically situated, so as to prevent the individual person
  442  from leaving the room or area. For purposes of this chapter, the
  443  term does not mean isolation due to an individual’s a person’s
  444  medical condition or symptoms.
  445         (42)(30) “Secretary” means the Secretary of Children and
  446  Families.
  447         (43) “Service provider” means a mental health receiving
  448  facility, any facility licensed under chapter 397, a treatment
  449  facility, an entity under contract with the department to
  450  provide mental health or substance abuse services, a community
  451  mental health center or clinic, a psychologist, a clinical
  452  social worker, a marriage and family therapist, a mental health
  453  counselor, a physician, a psychiatrist, an advanced registered
  454  nurse practitioner, or a psychiatric nurse.
  455         (44) “Substance abuse impairment” means a condition
  456  involving the use of alcoholic beverages or any psychoactive or
  457  mood-altering substance in such a manner as to induce mental,
  458  emotional, or physical problems and cause socially dysfunctional
  459  behavior.
  460         (45) “Substance abuse qualified professional” has the same
  461  meaning as in s. 397.311(26).
  462         (46)(31) “Transfer evaluation” means the process, as
  463  approved by the appropriate district office of the department,
  464  in which an individual whereby a person who is being considered
  465  for placement in a state treatment facility is first evaluated
  466  for appropriateness of admission to a treatment the facility.
  467  The transfer evaluation shall be conducted by the department, by
  468  a community-based public receiving facility, or by another
  469  service provider as authorized by the department or by a
  470  community mental health center or clinic if the public receiving
  471  facility is not a community mental health center or clinic.
  472         (47)(32) “Treatment facility” means a any state-owned,
  473  state-operated, or state-supported hospital, center, or clinic
  474  designated by the department for extended treatment and
  475  hospitalization of individuals who have a mental illness, beyond
  476  that provided for by a receiving facility or a, of persons who
  477  have a mental illness, including facilities of the United States
  478  Government, and any private facility designated by the
  479  department when rendering such services to a person pursuant to
  480  the provisions of this part. Patients treated in facilities of
  481  the United States Government shall be solely those whose care is
  482  the responsibility of the United States Department of Veterans
  483  Affairs.
  484         (33) “Service provider” means any public or private
  485  receiving facility, an entity under contract with the Department
  486  of Children and Families to provide mental health services, a
  487  clinical psychologist, a clinical social worker, a marriage and
  488  family therapist, a mental health counselor, a physician, a
  489  psychiatric nurse as defined in subsection (23), or a community
  490  mental health center or clinic as defined in this part.
  491         (34) “Involuntary examination” means an examination
  492  performed under s. 394.463 to determine if an individual
  493  qualifies for involuntary inpatient treatment under s.
  494  394.467(1) or involuntary outpatient treatment under s.
  495  394.4655(1).
  496         (35) “Involuntary placement” means either involuntary
  497  outpatient treatment pursuant to s. 394.4655 or involuntary
  498  inpatient treatment pursuant to s. 394.467.
  499         (36) “Marriage and family therapist” means a person
  500  licensed as a marriage and family therapist under chapter 491.
  501         (37) “Mental health counselor” means a person licensed as a
  502  mental health counselor under chapter 491.
  503         (38) “Electronic means” means a form of telecommunication
  504  that requires all parties to maintain visual as well as audio
  505  communication.
  506         Section 3. Section 394.457, Florida Statutes, is amended to
  507  read:
  508         394.457 Operation and administration.—
  509         (1) ADMINISTRATION.—The Department of Children and Families
  510  is designated the “Mental Health Authority” of Florida. The
  511  department and the Agency for Health Care Administration shall
  512  exercise executive and administrative supervision over all
  513  mental health facilities, programs, and services.
  514         (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is
  515  responsible for:
  516         (a) The planning, evaluation, and implementation of a
  517  complete and comprehensive statewide program of mental health
  518  and substance abuse, including community services, receiving and
  519  treatment facilities, child services, research, and training as
  520  authorized and approved by the Legislature, based on the annual
  521  program budget of the department. The department is also
  522  responsible for the coordination of efforts with other
  523  departments and divisions of the state government, county and
  524  municipal governments, and private agencies concerned with and
  525  providing mental health and substance abuse services. It is
  526  responsible for establishing standards, providing technical
  527  assistance, and supervising exercising supervision of mental
  528  health and substance abuse programs of, and the treatment of
  529  individuals patients at, community facilities, other facilities
  530  serving individuals for persons who have a mental illness or
  531  substance abuse impairment, and any agency or facility providing
  532  services under to patients pursuant to this part.
  533         (b) The publication and distribution of an information
  534  handbook to facilitate understanding of this part, the policies
  535  and procedures involved in the implementation of this part, and
  536  the responsibilities of the various providers of services under
  537  this part. It shall stimulate research by public and private
  538  agencies, institutions of higher learning, and hospitals in the
  539  interest of the elimination and amelioration of mental illness.
  540         (3) POWER TO CONTRACT.—The department may contract to
  541  provide, and be provided with, services and facilities in order
  542  to carry out its responsibilities under this part with the
  543  following agencies: public and private hospitals; receiving and
  544  treatment facilities; clinics; laboratories; departments,
  545  divisions, and other units of state government; the state
  546  colleges and universities; the community colleges; private
  547  colleges and universities; counties, municipalities, and any
  548  other governmental unit, including facilities of the United
  549  States Government; and any other public or private entity which
  550  provides or needs facilities or services. Baker Act funds for
  551  community inpatient, crisis stabilization, short-term
  552  residential treatment, and screening services must be allocated
  553  to each county pursuant to the department’s funding allocation
  554  methodology. Notwithstanding s. 287.057(3)(e), contracts for
  555  community-based Baker Act services for inpatient, crisis
  556  stabilization, short-term residential treatment, and screening
  557  provided under this part, other than those with other units of
  558  government, to be provided for the department must be awarded
  559  using competitive sealed bids if the county commission of the
  560  county receiving the services makes a request to the
  561  department’s district office by January 15 of the contracting
  562  year. The district may not enter into a competitively bid
  563  contract under this provision if such action will result in
  564  increases of state or local expenditures for Baker Act services
  565  within the district. Contracts for these Baker Act services
  566  using competitive sealed bids are effective for 3 years. The
  567  department shall adopt rules establishing minimum standards for
  568  such contracted services and facilities and shall make periodic
  569  audits and inspections to assure that the contracted services
  570  are provided and meet the standards of the department.
  571         (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The
  572  department may apply for and accept any funds, grants, gifts, or
  573  services made available to it by any agency or department of the
  574  Federal Government or any other public or private agency or
  575  person individual in aid of mental health and substance abuse
  576  programs. All such moneys must shall be deposited in the State
  577  Treasury and shall be disbursed as provided by law.
  578         (5) RULES.—The department shall adopt rules:
  579         (a) Establishing The department shall adopt rules
  580  establishing forms and procedures relating to the rights and
  581  privileges of individuals being examined or treated at patients
  582  seeking mental health treatment from facilities under this part.
  583         (b) The department shall adopt rules Necessary for the
  584  implementation and administration of the provisions of this
  585  part., and A program subject to the provisions of this part may
  586  shall not be permitted to operate unless rules designed to
  587  ensure the protection of the health, safety, and welfare of the
  588  individuals examined and patients treated under through such
  589  program have been adopted. Such rules adopted under this
  590  subsection must include provisions governing the use of
  591  restraint and seclusion which are consistent with recognized
  592  best practices and professional judgment; prohibit inherently
  593  dangerous restraint or seclusion procedures; establish
  594  limitations on the use and duration of restraint and seclusion;
  595  establish measures to ensure the safety of program participants
  596  and staff during an incident of restraint or seclusion;
  597  establish procedures for staff to follow before, during, and
  598  after incidents of restraint or seclusion; establish
  599  professional qualifications of and training for staff who may
  600  order or be engaged in the use of restraint or seclusion; and
  601  establish mandatory reporting, data collection, and data
  602  dissemination procedures and requirements. Such rules adopted
  603  under this subsection must require that each instance of the use
  604  of restraint or seclusion be documented in the clinical record
  605  of the individual who has been restrained or secluded patient.
  606         (c) Establishing The department shall adopt rules
  607  establishing minimum standards for services provided by a mental
  608  health overlay program or a mobile crisis response service.
  609         (6) PERSONNEL.—
  610         (a) The department shall, by rule, establish minimum
  611  standards of education and experience for professional and
  612  technical personnel employed in mental health programs,
  613  including members of a mobile crisis response service.
  614         (b) The department shall design and distribute appropriate
  615  materials for the orientation and training of persons actively
  616  engaged in implementing the provisions of this part relating to
  617  the involuntary examination and placement of persons who are
  618  believed to have a mental illness.
  619         (6)(7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee
  620  collections for patients in state-owned, state-operated, or
  621  state-supported treatment facilities shall be according to s.
  622  402.33.
  623         Section 4. Section 394.4573, Florida Statutes, is amended
  624  to read:
  625         394.4573 Continuity of care management system; measures of
  626  performance; reports.—
  627         (1) For the purposes of this section, the term:
  628         (a) “Case management” means those activities aimed at
  629  assessing client needs, planning services, linking the service
  630  system to a client, coordinating the various system components,
  631  monitoring service delivery, and evaluating the effect of
  632  service delivery.
  633         (b) “Case manager” means a person an individual who works
  634  with clients, and their families and significant others, to
  635  provide case management.
  636         (c) “Client manager” means an employee of the department
  637  who is assigned to specific provider agencies and geographic
  638  areas to ensure that the full range of needed services is
  639  available to clients.
  640         (d) “Continuity of care management system” means a system
  641  that assures, within available resources, that clients have
  642  access to the full array of services within the mental health
  643  services delivery system.
  644         (2) The department shall ensure the establishment of is
  645  directed to implement a continuity of care management system for
  646  the provision of mental health and substance abuse care in
  647  keeping with s. 394.9082., through the provision of client and
  648  case management, including clients referred from state treatment
  649  facilities to community mental health facilities. Such system
  650  shall include a network of client managers and case managers
  651  throughout the state designed to:
  652         (a) Reduce the possibility of a client’s admission or
  653  readmission to a state treatment facility.
  654         (b) Provide for the creation or designation of an agency in
  655  each county to provide single intake services for each person
  656  seeking mental health services. Such agency shall provide
  657  information and referral services necessary to ensure that
  658  clients receive the most appropriate and least restrictive form
  659  of care, based on the individual needs of the person seeking
  660  treatment. Such agency shall have a single telephone number,
  661  operating 24 hours per day, 7 days per week, where practicable,
  662  at a central location, where each client will have a central
  663  record.
  664         (c) Advocate on behalf of the client to ensure that all
  665  appropriate services are afforded to the client in a timely and
  666  dignified manner.
  667         (d) Require that any public receiving facility initiating a
  668  patient transfer to a licensed hospital for acute care mental
  669  health services not accessible through the public receiving
  670  facility shall notify the hospital of such transfer and send all
  671  records relating to the emergency psychiatric or medical
  672  condition.
  673         (3) The department is directed to develop and include in
  674  contracts with service providers measures of performance with
  675  regard to goals and objectives as specified in the state plan.
  676  Such measures shall use, to the extent practical, existing data
  677  collection methods and reports and shall not require, as a
  678  result of this subsection, additional reports on the part of
  679  service providers. The department shall plan monitoring visits
  680  of community mental health facilities with other state, federal,
  681  and local governmental and private agencies charged with
  682  monitoring such facilities.
  683         Section 5. Subsections (1) through (6) and (8) of section
  684  394.459, Florida Statutes, are amended, present subsection (12)
  685  of that section is redesignated as subsection (13), and a new
  686  subsection (12) is added to that section, to read:
  687         394.459 Rights of individuals receiving treatment and
  688  services patients.—
  689         (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this
  690  state that the individual dignity of all individuals held for
  691  examination or admitted for mental health or substance abuse
  692  treatment the patient shall be respected at all times and upon
  693  all occasions, including any occasion when the individual
  694  patient is taken into custody, held, or transported. Procedures,
  695  facilities, vehicles, and restraining devices used utilized for
  696  criminals or those accused of a crime may shall not be used in
  697  connection with individuals persons who have a mental illness or
  698  substance abuse impairment, except for the protection of that
  699  individual the patient or others. An individual Persons who has
  700  have a mental illness or substance abuse impairment but who has
  701  are not been charged with a criminal offense may be detained
  702  without his or her consent, subject to the limitations specified
  703  in paragraph (b). If it has been determined that a hospital, an
  704  addictions receiving facility, or a licensed detoxification
  705  facility is the most appropriate placement for the individual,
  706  the detaining officer shall: shall not be detained or
  707  incarcerated in the jails of this state.
  708         (a) Without using unreasonable force, take the individual,
  709  if necessary, against his or her will, to a hospital or a
  710  licensed detoxification or addictions receiving facility.
  711         (b) In the case of an adult, detain the individual for his
  712  or her own protection in a municipal or county jail or other
  713  appropriate detention facility. Such detention may not be
  714  considered an arrest for any purpose, and an entry or other
  715  record may not be made to indicate that the individual has been
  716  detained or charged with any crime. The officer in charge of the
  717  detention facility must notify the nearest appropriate facility
  718  within the first 8 hours after detention that the individual has
  719  been detained. It is the duty of the detention facility to
  720  arrange, as necessary, for transportation of the individual to
  721  the appropriate facility.
  722  
  723  The detaining officer shall notify the nearest relative of a
  724  minor who has been taken into protective custody and shall
  725  notify the nearest relative of an adult who is in such custody,
  726  unless the adult requests that notification not be given. An
  727  individual A person who is receiving treatment for mental
  728  illness or substance abuse may shall not be deprived of his or
  729  her any constitutional rights. However, if such individual a
  730  person is adjudicated incapacitated, his or her rights may be
  731  limited to the same extent that the rights of any incapacitated
  732  person are limited by law.
  733         (2) RIGHT TO TREATMENT.—An individual held for examination
  734  or admitted for mental illness or substance abuse treatment:
  735         (a) May A person shall not be denied treatment for mental
  736  illness or substance abuse impairment, and services may shall
  737  not be delayed at a mental health receiving facility, addictions
  738  receiving facility, detoxification facility, or treatment
  739  facility because of inability to pay. However, every reasonable
  740  effort to collect appropriate reimbursement for the cost of
  741  providing mental health or substance abuse services from
  742  individuals to persons able to pay for services, including
  743  insurance or third-party payments by third-party payers, shall
  744  be made by facilities providing services under pursuant to this
  745  part.
  746         (b) Shall be provided It is further the policy of the state
  747  that the least restrictive appropriate available treatment,
  748  which must be utilized based on the individual’s individual
  749  needs and best interests of the patient and consistent with the
  750  optimum improvement of the individual’s patient’s condition.
  751         (c) Shall Each person who remains at a receiving or
  752  treatment facility for more than 12 hours shall be given a
  753  physical examination by a health practitioner authorized by law
  754  to give such examinations, and a mental health evaluation by a
  755  psychiatrist, psychologist, or psychiatric nurse, within 24
  756  hours after arrival at such facility if the individual has not
  757  been released or discharged pursuant to s. 394.463(2)(h) or s.
  758  394.469. The physical examination and mental health evaluation
  759  must be documented in the clinical record. The physical and
  760  mental health examinations shall include efforts to identify
  761  indicators of substance abuse impairment, substance abuse
  762  intoxication, and substance abuse withdrawal.
  763         (d) Shall Every patient in a facility shall be afforded the
  764  opportunity to participate in activities designed to enhance
  765  self-image and the beneficial effects of other treatments, as
  766  determined by the facility.
  767         (e) Shall, within 24 hours of admission to a facility, Not
  768  more than 5 days after admission to a facility, each patient
  769  shall have and receive an individualized treatment plan in
  770  writing, which the individual patient has had an opportunity to
  771  assist in preparing and to review before prior to its
  772  implementation. The plan must shall include a space for the
  773  individual’s patient’s comments and signature.
  774         (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
  775         (a)(a)1. Each individual patient entering treatment shall
  776  be asked to give express and informed consent for admission or
  777  treatment.
  778         1.If the individual patient has been adjudicated
  779  incapacitated or found to be incompetent to consent to
  780  treatment, express and informed consent must to treatment shall
  781  be sought from his or her instead from the patient’s guardian,
  782  or guardian advocate, or health care surrogate or proxy. If the
  783  individual patient is a minor, express and informed consent for
  784  admission or treatment must be obtained shall also be requested
  785  from the patient’s guardian. Express and informed consent for
  786  admission or treatment of a patient under 18 years of age shall
  787  be required from the minor’s patient’s guardian, unless the
  788  minor is seeking outpatient crisis intervention services under
  789  s. 394.4784. Express and informed consent for admission or
  790  treatment given by a patient who is under 18 years of age shall
  791  not be a condition of admission when the patient’s guardian
  792  gives express and informed consent for the patient’s admission
  793  pursuant to s. 394.463 or s. 394.467.
  794         2. Before giving express and informed consent, the
  795  following information shall be provided and explained in plain
  796  language to the individual and patient, or to his or her the
  797  patient’s guardian if the individual patient is an adult 18
  798  years of age or older and has been adjudicated incapacitated, or
  799  to his or her the patient’s guardian advocate if the individual
  800  patient has been found to be incompetent to consent to
  801  treatment, to the health care surrogate or proxy, or to both the
  802  individual patient and the guardian if the individual patient is
  803  a minor: the reason for admission or treatment; the proposed
  804  treatment and ; the purpose of such the treatment to be
  805  provided; the common risks, benefits, and side effects of the
  806  proposed treatment thereof; the specific dosage range of for the
  807  medication, if when applicable; alternative treatment
  808  modalities; the approximate length of care; the potential
  809  effects of stopping treatment; how treatment will be monitored;
  810  and that any consent given for treatment may be revoked orally
  811  or in writing before or during the treatment period by the
  812  individual receiving the treatment patient or by a person who is
  813  legally authorized to make health care decisions on the
  814  individual’s behalf of the patient.
  815         (b) In the case of medical procedures requiring the use of
  816  a general anesthetic or electroconvulsive treatment, and prior
  817  to performing the procedure, express and informed consent shall
  818  be obtained from the patient if the patient is legally
  819  competent, from the guardian of a minor patient, from the
  820  guardian of a patient who has been adjudicated incapacitated, or
  821  from the guardian advocate of the patient if the guardian
  822  advocate has been given express court authority to consent to
  823  medical procedures or electroconvulsive treatment as provided
  824  under s. 394.4598.
  825         (4) QUALITY OF TREATMENT.—
  826         (a) Each individual held for examination, admitted for
  827  mental health or substance abuse treatment, or receiving
  828  involuntary outpatient treatment patient shall receive services,
  829  including, for a patient placed under s. 394.4655 shall receive,
  830  those services that are included in the court order which are
  831  suited to his or her needs, and which shall be administered
  832  skillfully, safely, and humanely with full respect for the
  833  individual’s patient’s dignity and personal integrity. Each
  834  individual patient shall receive such medical, vocational,
  835  social, educational, substance abuse, and rehabilitative
  836  services as his or her condition requires in order to live
  837  successfully in the community. In order to achieve this goal,
  838  the department shall is directed to coordinate its mental health
  839  and substance abuse programs with all other programs of the
  840  department and other state agencies.
  841         (b) Facilities shall develop and maintain, in a form that
  842  is accessible to and readily understandable by individuals held
  843  for examination or admitted for mental health or substance abuse
  844  treatment patients and consistent with rules adopted by the
  845  department, the following:
  846         1. Criteria, procedures, and required staff training for
  847  the any use of close or elevated levels of supervision, of
  848  restraint, seclusion, or isolation, or of emergency treatment
  849  orders, and for the use of bodily control and physical
  850  management techniques.
  851         2. Procedures for documenting, monitoring, and requiring
  852  clinical review of all uses of the procedures described in
  853  subparagraph 1. and for documenting and requiring review of any
  854  incidents resulting in injury to individuals receiving services
  855  patients.
  856         3. A system for investigating, tracking, managing, and
  857  responding to complaints by individuals persons receiving
  858  services or persons individuals acting on their behalf.
  859         (c) Facilities shall have written procedures for reporting
  860  events that place individuals receiving services at risk of
  861  harm. Such events must be reported to the managing entity in the
  862  facility’s region and the department as soon as reasonably
  863  possible after discovery and include, but are not limited to:
  864         1. The death, regardless of cause or manner, of an
  865  individual examined or treated at a facility that occurs while
  866  the individual is at the facility or that occurs within 72 hours
  867  after release, if the death is known to the facility
  868  administrator.
  869         2. An injury sustained, or allegedly sustained, at a
  870  facility, by an individual examined or treated at the facility
  871  and caused by an accident, self-inflicted injury, assault, act
  872  of abuse, neglect, or suicide attempt, if the injury requires
  873  medical treatment by a licensed health care practitioner in an
  874  acute care medical facility.
  875         3. The unauthorized departure or absence of an individual
  876  from a facility in which he or she has been held for involuntary
  877  examination or involuntary placement.
  878         4. A disaster or crisis situation such as a tornado,
  879  hurricane, kidnapping, riot, or hostage situation that
  880  jeopardizes the health, safety, or welfare of individuals
  881  examined or treated in a facility.
  882         5. An allegation of sexual battery upon an individual
  883  examined or treated in a facility.
  884         (d)(c) A facility may not use seclusion or restraint for
  885  punishment, to compensate for inadequate staffing, or for the
  886  convenience of staff. Facilities shall ensure that all staff are
  887  made aware of these restrictions on the use of seclusion and
  888  restraint and shall make and maintain records that which
  889  demonstrate that this information has been conveyed to each
  890  individual staff member members.
  891         (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
  892         (a) Each individual held for examination or admitted for
  893  mental health or substance abuse treatment person receiving
  894  services in a facility providing mental health services under
  895  this part has the right to communicate freely and privately with
  896  persons outside the facility unless it is determined that such
  897  communication is likely to be harmful to the individual person
  898  or others. Each facility shall make available as soon as
  899  reasonably possible to persons receiving services a telephone
  900  that allows for free local calls and access to a long-distance
  901  service to the individual as soon as reasonably possible. A
  902  facility is not required to pay the costs of the individual’s a
  903  patient’s long-distance calls. The telephone must shall be
  904  readily accessible to the patient and shall be placed so that
  905  the individual patient may use it to communicate privately and
  906  confidentially. The facility may establish reasonable rules for
  907  the use of the this telephone which, provided that the rules do
  908  not interfere with an individual’s a patient’s access to a
  909  telephone to report abuse pursuant to paragraph (e).
  910         (b) Each individual patient admitted to a facility under
  911  the provisions of this part shall be allowed to receive, send,
  912  and mail sealed, unopened correspondence; and the individual’s
  913  no patient’s incoming or outgoing correspondence may not shall
  914  be opened, delayed, held, or censored by the facility unless
  915  there is reason to believe that it contains items or substances
  916  that which may be harmful to the individual patient or others,
  917  in which case the administrator may direct reasonable
  918  examination of such mail and may regulate the disposition of
  919  such items or substances.
  920         (c) Each facility shall allow must permit immediate access
  921  to an individual held for examination or admitted for mental
  922  health or substance abuse treatment any patient, subject to the
  923  patient’s right to deny or withdraw consent at any time, by the
  924  individual, or by the individual’s patient’s family members,
  925  guardian, guardian advocate, health care surrogate or proxy,
  926  representative, Florida statewide or local advocacy council, or
  927  attorneys attorney, unless such access would be detrimental to
  928  the individual patient. If the a patient’s right to communicate
  929  or to receive visitors is restricted by the facility, written
  930  notice of such restriction and the reasons for the restriction
  931  shall be served on the individual and patient, the individual’s
  932  patient’s attorney, and the patient’s guardian, guardian
  933  advocate, health care surrogate or proxy, or representative; and
  934  such restriction, and the reasons for the restriction, must
  935  shall be recorded in on the patient’s clinical record with the
  936  reasons therefor. The restriction must of a patient’s right to
  937  communicate or to receive visitors shall be reviewed at least
  938  every 7 days. The right to communicate or receive visitors may
  939  shall not be restricted as a means of punishment. This Nothing
  940  in this paragraph may not shall be construed to limit the
  941  provisions of paragraph (d).
  942         (d) Each facility shall establish reasonable rules, which
  943  must be the least restrictive possible, governing visitors,
  944  visiting hours, and the use of telephones by individuals held
  945  for examination or admitted for mental health or substance abuse
  946  treatment patients in the least restrictive possible manner. An
  947  individual has Patients shall have the right to contact and to
  948  receive communication from his or her attorney their attorneys
  949  at any reasonable time.
  950         (e) Each individual held for examination or admitted for
  951  patient receiving mental health or substance abuse treatment in
  952  any facility shall have ready access to a telephone in order to
  953  report an alleged abuse. The facility staff shall orally and in
  954  writing inform each individual patient of the procedure for
  955  reporting abuse and shall make every reasonable effort to
  956  present the information in a language the individual patient
  957  understands. A written copy of that procedure, including the
  958  telephone number of the central abuse hotline and reporting
  959  forms, must shall be posted in plain view.
  960         (f) The department shall adopt rules providing a procedure
  961  for reporting abuse. Facility staff shall be required, As a
  962  condition of employment, facility staff shall to become familiar
  963  with the requirements and procedures for the reporting of abuse.
  964         (6) CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—A
  965  facility shall respect the rights of an individual held for
  966  examination or admitted for mental health or substance abuse
  967  treatment A patient’s right to the possession of his or her
  968  clothing and personal effects shall be respected. The facility
  969  may take temporary custody of such effects if when required for
  970  medical and safety reasons. The A patient’s clothing and
  971  personal effects shall be inventoried upon their removal into
  972  temporary custody. Copies of this inventory shall be given to
  973  the individual patient and to his or her the patient’s guardian,
  974  guardian advocate, health care surrogate or proxy, or
  975  representative and shall be recorded in the patient’s clinical
  976  record. This inventory may be amended upon the request of the
  977  individual patient or his or her the patient’s guardian,
  978  guardian advocate, health care surrogate or proxy, or
  979  representative. The inventory and any amendments to it must be
  980  witnessed by two members of the facility staff and by the
  981  individual patient, if he or she is able. All of the a patient’s
  982  clothing and personal effects held by the facility shall be
  983  returned to the individual patient immediately upon his or her
  984  the discharge or transfer of the patient from the facility,
  985  unless such return would be detrimental to the individual
  986  patient. If personal effects are not returned to the patient,
  987  the reason must be documented in the clinical record along with
  988  the disposition of the clothing and personal effects, which may
  989  be given instead to the individual’s patient’s guardian,
  990  guardian advocate, health care surrogate or proxy, or
  991  representative. As soon as practicable after an emergency
  992  transfer of a patient, the individual’s patient’s clothing and
  993  personal effects shall be transferred to the individual’s
  994  patient’s new location, together with a copy of the inventory
  995  and any amendments, unless an alternate plan is approved by the
  996  individual patient, if he or she is able, and by his or her the
  997  patient’s guardian, guardian advocate, health care surrogate or
  998  proxy, or representative.
  999         (7) VOTING IN PUBLIC ELECTIONS.—A patient who is eligible
 1000  to vote according to the laws of the state has the right to vote
 1001  in the primary and general elections. The department shall
 1002  establish rules to enable patients to obtain voter registration
 1003  forms, applications for absentee ballots, and absentee ballots.
 1004         (8) HABEAS CORPUS.—
 1005         (a) At any time, and without notice, an individual a person
 1006  held or admitted for mental health or substance abuse
 1007  examination or placement in a receiving or treatment facility,
 1008  or a relative, friend, guardian, guardian advocate, health care
 1009  surrogate or proxy, representative, or attorney, or the
 1010  department, on behalf of such individual person, may petition
 1011  for a writ of habeas corpus to question the cause and legality
 1012  of such detention and request that the court order a return to
 1013  the writ in accordance with chapter 79. Each individual patient
 1014  held in a facility shall receive a written notice of the right
 1015  to petition for a writ of habeas corpus.
 1016         (b) At any time, and without notice, an individual held or
 1017  admitted for mental health or substance abuse examination or
 1018  placement a person who is a patient in a receiving or treatment
 1019  facility, or a relative, friend, guardian, guardian advocate,
 1020  health care surrogate or proxy, representative, or attorney, or
 1021  the department, on behalf of such individual person, may file a
 1022  petition in the circuit court in the county where the individual
 1023  patient is being held alleging that he or she the patient is
 1024  being unjustly denied a right or privilege granted under this
 1025  part herein or that a procedure authorized under this part
 1026  herein is being abused. Upon the filing of such a petition, the
 1027  court may shall have the authority to conduct a judicial inquiry
 1028  and to issue an any order needed to correct an abuse of the
 1029  provisions of this part.
 1030         (c) The administrator of any receiving or treatment
 1031  facility receiving a petition under this subsection shall file
 1032  the petition with the clerk of the court on the next court
 1033  working day.
 1034         (d) A No fee may not shall be charged for the filing of a
 1035  petition under this subsection.
 1036         (9) VIOLATIONS.—The department shall report to the Agency
 1037  for Health Care Administration any violation of the rights or
 1038  privileges of patients, or of any procedures provided under this
 1039  part, by any facility or professional licensed or regulated by
 1040  the agency. The agency is authorized to impose any sanction
 1041  authorized for violation of this part, based solely on the
 1042  investigation and findings of the department.
 1043         (10) LIABILITY FOR VIOLATIONS.—Any person who violates or
 1044  abuses any rights or privileges of patients provided by this
 1045  part is liable for damages as determined by law. Any person who
 1046  acts in good faith in compliance with the provisions of this
 1047  part is immune from civil or criminal liability for his or her
 1048  actions in connection with the admission, diagnosis, treatment,
 1049  or discharge of a patient to or from a facility. However, this
 1050  section does not relieve any person from liability if such
 1051  person commits negligence.
 1052         (11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE
 1053  PLANNING.—The patient shall have the opportunity to participate
 1054  in treatment and discharge planning and shall be notified in
 1055  writing of his or her right, upon discharge from the facility,
 1056  to seek treatment from the professional or agency of the
 1057  patient’s choice.
 1058         (12) ADVANCE DIRECTIVES.—All service providers under this
 1059  part shall provide information concerning advance directives to
 1060  individuals and assist those who are competent and willing to
 1061  complete an advance directive. The directive may include
 1062  instructions regarding mental health or substance abuse care.
 1063  Service providers under this part shall honor the advance
 1064  directive of individuals they serve, or shall request the
 1065  transfer of the individual as required under s. 765.1105.
 1066         Section 6. Section 394.4597, Florida Statutes, is amended
 1067  to read:
 1068         394.4597 Persons to be notified; appointment of a patient’s
 1069  representative.—
 1070         (1) VOLUNTARY ADMISSION PATIENTS.—At the time an individual
 1071  a patient is voluntarily admitted to a receiving or treatment
 1072  facility, the individual shall be asked to identify a person to
 1073  be notified in case of an emergency, and the identity and
 1074  contact information of that a person to be notified in case of
 1075  an emergency shall be entered in the individual’s patient’s
 1076  clinical record.
 1077         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1078         (a) At the time an individual a patient is admitted to a
 1079  facility for involuntary examination or placement, or when a
 1080  petition for involuntary placement is filed, the names,
 1081  addresses, and telephone numbers of the individual’s patient’s
 1082  guardian or guardian advocate, health care surrogate, or proxy,
 1083  or representative if he or she the patient has no guardian, and
 1084  the individual’s patient’s attorney shall be entered in the
 1085  patient’s clinical record.
 1086         (b) If the individual patient has no guardian, guardian
 1087  advocate, health care surrogate, or proxy, he or she the patient
 1088  shall be asked to designate a representative. If the individual
 1089  patient is unable or unwilling to designate a representative,
 1090  the facility shall select a representative.
 1091         (c) The individual patient shall be consulted with regard
 1092  to the selection of a representative by the receiving or
 1093  treatment facility and may shall have authority to request that
 1094  the any such representative be replaced.
 1095         (d) If When the receiving or treatment facility selects a
 1096  representative, first preference shall be given to a health care
 1097  surrogate, if one has been previously selected by the patient.
 1098  If the individual patient has not previously selected a health
 1099  care surrogate, the selection, except for good cause documented
 1100  in the individual’s patient’s clinical record, shall be made
 1101  from the following list in the order of listing:
 1102         1. The individual’s patient’s spouse.
 1103         2. An adult child of the individual patient.
 1104         3. A parent of the individual patient.
 1105         4. The adult next of kin of the individual patient.
 1106         5. An adult friend of the individual patient.
 1107         6. The appropriate Florida local advocacy council as
 1108  provided in s. 402.166.
 1109         (e) The following persons are prohibited from selection as
 1110  an individual’s representative:
 1111         1. A professional providing clinical services to the
 1112  individual under this part;
 1113         2. The licensed professional who initiated the involuntary
 1114  examination of the individual, if the examination was initiated
 1115  by professional certificate;
 1116         3. An employee, administrator, or board member of the
 1117  facility providing the examination of the individual;
 1118         4. An employee, administrator, or board member of a
 1119  treatment facility providing treatment of the individual;
 1120         5. A person providing any substantial professional services
 1121  to the individual, including clinical and nonclinical services;
 1122         6. A creditor of the individual;
 1123         7. A person subject to an injunction for protection against
 1124  domestic violence under s. 741.30, whether the order of
 1125  injunction is temporary or final, and for which the individual
 1126  was the petitioner; and
 1127         8. A person subject to an injunction for protection against
 1128  repeat violence, sexual violence, or dating violence under s.
 1129  784.046, whether the order of injunction is temporary or final,
 1130  and for which the individual was the petitioner.
 1131         (e) A licensed professional providing services to the
 1132  patient under this part, an employee of a facility providing
 1133  direct services to the patient under this part, a department
 1134  employee, a person providing other substantial services to the
 1135  patient in a professional or business capacity, or a creditor of
 1136  the patient shall not be appointed as the patient’s
 1137  representative.
 1138         (f) The representative selected by the individual or
 1139  designated by the facility has the right to:
 1140         1. Receive notice of the individual’s admission;
 1141         2. Receive notice of proceedings affecting the individual;
 1142         3. Have immediate access to the individual unless such
 1143  access is documented to be detrimental to the individual;
 1144         4. Receive notice of any restriction of the individual’s
 1145  right to communicate or receive visitors;
 1146         5. Receive a copy of the inventory of personal effects upon
 1147  the individual’s admission and to request an amendment to the
 1148  inventory at any time;
 1149         6. Receive disposition of the individual’s clothing and
 1150  personal effects if not returned to the individual, or to
 1151  approve an alternate plan;
 1152         7. Petition on behalf of the individual for a writ of
 1153  habeas corpus to question the cause and legality of the
 1154  individual’s detention or to allege that the individual is being
 1155  unjustly denied a right or privilege granted under this part, or
 1156  that a procedure authorized under this part is being abused;
 1157         8. Apply for a change of venue for the individual’s
 1158  involuntary placement hearing for the convenience of the parties
 1159  or witnesses or because of the individual’s condition;
 1160         9. Receive written notice of any restriction of the
 1161  individual’s right to inspect his or her clinical record;
 1162         10. Receive notice of the release of the individual from a
 1163  receiving facility where an involuntary examination was
 1164  performed;
 1165         11. Receive a copy of any petition for the individual’s
 1166  involuntary placement filed with the court; and
 1167         12. Be informed by the court of the individual’s right to
 1168  an independent expert evaluation pursuant to involuntary
 1169  placement procedures.
 1170         Section 7. Section 394.4598, Florida Statutes, is amended
 1171  to read:
 1172         394.4598 Guardian advocate.—
 1173         (1) The administrator may petition the court for the
 1174  appointment of a guardian advocate based upon the opinion of a
 1175  psychiatrist that an individual held for examination or admitted
 1176  for mental health or substance abuse treatment the patient is
 1177  incompetent to consent to treatment. If the court finds that the
 1178  individual a patient is incompetent to consent to treatment and
 1179  has not been adjudicated incapacitated and a guardian having
 1180  with the authority to consent to mental health or substance
 1181  abuse treatment has not been appointed, it shall appoint a
 1182  guardian advocate. The individual patient has the right to have
 1183  an attorney represent him or her at the hearing. If the
 1184  individual person is indigent, the court shall appoint the
 1185  office of the public defender to represent him or her at the
 1186  hearing. The individual patient has the right to testify, cross
 1187  examine witnesses, and present witnesses. The proceeding must
 1188  shall be recorded either electronically or stenographically, and
 1189  testimony shall be provided under oath. One of the professionals
 1190  authorized to give an opinion in support of a petition for
 1191  involuntary placement, as described in s. 394.4655 or s.
 1192  394.467, shall must testify. The A guardian advocate shall must
 1193  meet the qualifications of a guardian pursuant to contained in
 1194  part IV of chapter 744, except that a professional referred to
 1195  in this part, an employee of the facility providing direct
 1196  services to the patient under this part, a departmental
 1197  employee, a facility administrator, or member of the Florida
 1198  local advocacy council shall not be appointed. A person who is
 1199  appointed as a guardian advocate must agree to the appointment.
 1200  A person may not be appointed as a guardian advocate unless he
 1201  or she agrees to the appointment.
 1202         (2) The following persons are prohibited from being
 1203  appointed as an individual’s guardian advocate:
 1204         (a) A professional providing clinical services to the
 1205  individual under this part;
 1206         (b) The licensed professional who initiated the involuntary
 1207  examination of the individual, if the examination was initiated
 1208  by professional certificate;
 1209         (c) An employee, administrator, or board member of the
 1210  facility providing the examination of the individual;
 1211         (d) An employee, administrator, or board member of a
 1212  treatment facility providing treatment of the individual;
 1213         (e) A person providing any substantial professional
 1214  services to the individual, including clinical and nonclinical
 1215  services;
 1216         (f) A creditor of the individual;
 1217         (g) A person subject to an injunction for protection
 1218  against domestic violence under s. 741.30, whether the order of
 1219  injunction is temporary or final, and for which the individual
 1220  was the petitioner; and
 1221         (h) A person subject to an injunction for protection
 1222  against repeat violence, sexual violence, or dating violence
 1223  under s. 784.046, whether the order of injunction is temporary
 1224  or final, and for which the individual was the petitioner.
 1225         (3)(2) A facility requesting appointment of a guardian
 1226  advocate must, prior to the appointment, provide the prospective
 1227  guardian advocate with information about the duties and
 1228  responsibilities of guardian advocates, including the
 1229  information about the ethics of medical decisionmaking. Before
 1230  asking a guardian advocate to give consent to treatment for an
 1231  individual held for examination or admitted for mental health or
 1232  substance abuse treatment a patient, the facility shall provide
 1233  to the guardian advocate sufficient information to allow so that
 1234  the guardian advocate to can decide whether to give express and
 1235  informed consent to the treatment, including information that
 1236  the treatment is essential to the care of the individual
 1237  patient, and that the treatment does not present an unreasonable
 1238  risk of serious, hazardous, or irreversible side effects. Before
 1239  giving consent to treatment, the guardian advocate must meet and
 1240  talk with the individual patient and the individual’s patient’s
 1241  physician face to face in person, if at all possible, and by
 1242  telephone, if not. The guardian advocate shall make every effort
 1243  to make decisions regarding treatment that he or she believes
 1244  the individual would have made under the circumstances if the
 1245  individual were capable of making such a decision. The decision
 1246  of the guardian advocate may be reviewed by the court, upon
 1247  petition of the individual’s patient’s attorney, the
 1248  individual’s patient’s family, or the facility administrator.
 1249         (4)(3)Prior to A guardian advocate must attend at least a
 1250  4-hour training course approved by the court before exercising
 1251  his or her authority, the guardian advocate shall attend a
 1252  training course approved by the court. This training course, of
 1253  not less than 4 hours, must include, at minimum, information
 1254  about an the individual’s patient rights, psychotropic
 1255  medications, diagnosis of mental illness or substance abuse
 1256  impairment, the ethics of medical decisionmaking, and the duties
 1257  of guardian advocates. This training course shall take the place
 1258  of the training required for guardians appointed pursuant to
 1259  chapter 744.
 1260         (5)(4) The information to be supplied to prospective
 1261  guardian advocates before prior to their appointment and the
 1262  training course for guardian advocates must be developed and
 1263  completed through a course developed by the department and
 1264  approved by the chief judge of the circuit court and taught by a
 1265  court-approved organization. Court-approved organizations may
 1266  include, but need are not be limited to, community or junior
 1267  colleges, guardianship organizations, and the local bar
 1268  association or The Florida Bar. The court may, in its
 1269  discretion, waive some or all of the training requirements for
 1270  guardian advocates or impose additional requirements. The court
 1271  shall make its decision on a case-by-case basis and, in making
 1272  its decision, shall consider the experience and education of the
 1273  guardian advocate, the duties assigned to the guardian advocate,
 1274  and the needs of the individual subject to involuntary
 1275  examination or placement patient.
 1276         (6)(5) In selecting a guardian advocate, the court shall
 1277  give preference to a health care surrogate, if one has already
 1278  been designated by the individual held for examination or
 1279  admitted for mental health or substance abuse treatment patient.
 1280  If the individual patient has not previously selected a health
 1281  care surrogate, except for good cause documented in the court
 1282  record, the selection shall be made from the following list in
 1283  the order of listing:
 1284         (a) The individual’s patient’s spouse.
 1285         (b) An adult child of the individual patient.
 1286         (c) A parent of the individual patient.
 1287         (d) The adult next of kin of the individual patient.
 1288         (e) An adult friend of the individual patient.
 1289         (f) An adult trained and willing to serve as guardian
 1290  advocate for the individual patient.
 1291         (7)(6) If a guardian with the authority to consent to
 1292  medical treatment has not already been appointed or if the
 1293  individual held for examination or admitted for mental health or
 1294  substance abuse treatment patient has not already designated a
 1295  health care surrogate, the court may authorize the guardian
 1296  advocate to consent to medical treatment, as well as mental
 1297  health and substance abuse treatment. Unless otherwise limited
 1298  by the court, a guardian advocate with authority to consent to
 1299  medical treatment shall have the same authority to make health
 1300  care decisions and be subject to the same restrictions as a
 1301  proxy appointed under part IV of chapter 765. Unless the
 1302  guardian advocate has sought and received express court approval
 1303  in proceeding separate from the proceeding to determine the
 1304  competence of the patient to consent to medical treatment, the
 1305  guardian advocate may not consent to:
 1306         (a) Abortion.
 1307         (b) Sterilization.
 1308         (c) Electroconvulsive treatment.
 1309         (d) Psychosurgery.
 1310         (e) Experimental treatments that have not been approved by
 1311  a federally approved institutional review board in accordance
 1312  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 1313  
 1314  In making a medical treatment decision under this subsection,
 1315  the court shall must base its decision on evidence that the
 1316  treatment or procedure is essential to the care of the
 1317  individual patient and that the treatment does not present an
 1318  unreasonable risk of serious, hazardous, or irreversible side
 1319  effects. The court shall follow the procedures set forth in
 1320  subsection (1) of this section.
 1321         (8)(7) The guardian advocate shall be discharged when the
 1322  individual for whom he or she is appointed patient is discharged
 1323  from an order for involuntary outpatient placement or
 1324  involuntary inpatient placement or when the individual patient
 1325  is transferred from involuntary to voluntary status. The court
 1326  or a hearing officer shall consider the competence of the
 1327  individual patient pursuant to subsection (1) and may consider
 1328  an involuntarily placed individual’s patient’s competence to
 1329  consent to treatment at any hearing. Upon sufficient evidence,
 1330  the court may restore, or the magistrate or administrative law
 1331  judge hearing officer may recommend that the court restore, the
 1332  individual’s patient’s competence. A copy of the order restoring
 1333  competence or the certificate of discharge containing the
 1334  restoration of competence shall be provided to the individual
 1335  patient and the guardian advocate.
 1336         Section 8. Section 394.4599, Florida Statutes, is amended
 1337  to read:
 1338         394.4599 Notice.—
 1339         (1) VOLUNTARY ADMISSION PATIENTS.—Notice of an individual’s
 1340  a voluntary patient’s admission shall only be given only at the
 1341  request of the individual patient, except that, in an emergency,
 1342  notice shall be given as determined by the facility.
 1343         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1344         (a) Whenever notice is required to be given under this
 1345  part, such notice shall be given to the individual patient and
 1346  the individual’s patient’s guardian, guardian advocate, health
 1347  care surrogate or proxy, attorney, and representative.
 1348         1. When notice is required to be given to an individual a
 1349  patient, it shall be given both orally and in writing, in the
 1350  language and terminology that the individual patient can
 1351  understand, and, if needed, the facility shall provide an
 1352  interpreter for the individual patient.
 1353         2. Notice to an individual’s a patient’s guardian, guardian
 1354  advocate, health care surrogate or proxy, attorney, and
 1355  representative shall be given by United States mail and by
 1356  registered or certified mail with the receipts attached to the
 1357  patient’s clinical record. Hand delivery by a facility employee
 1358  may be used as an alternative, with delivery documented in the
 1359  clinical record. If notice is given by a state attorney or an
 1360  attorney for the department, a certificate of service is shall
 1361  be sufficient to document service.
 1362         (b) A receiving facility shall give prompt notice of the
 1363  whereabouts of an individual a patient who is being
 1364  involuntarily held for examination to the individual’s guardian,
 1365  guardian advocate, health care surrogate or proxy, attorney or
 1366  representative, by telephone or in person within 24 hours after
 1367  the individual’s patient’s arrival at the facility, unless the
 1368  patient requests that no notification be made. Contact attempts
 1369  shall be documented in the individual’s patient’s clinical
 1370  record and shall begin as soon as reasonably possible after the
 1371  individual’s patient’s arrival. Notice that a patient is being
 1372  admitted as an involuntary patient shall be given to the Florida
 1373  local advocacy council no later than the next working day after
 1374  the patient is admitted.
 1375         (c) The written notice of the filing of the petition for
 1376  involuntary placement of an individual being held must contain
 1377  the following:
 1378         1. Notice that the petition has been filed with the circuit
 1379  court in the county in which the individual patient is
 1380  hospitalized and the address of such court.
 1381         2. Notice that the office of the public defender has been
 1382  appointed to represent the individual patient in the proceeding,
 1383  if the individual patient is not otherwise represented by
 1384  counsel.
 1385         3. The date, time, and place of the hearing and the name of
 1386  each examining expert and every other person expected to testify
 1387  in support of continued detention.
 1388         4. Notice that the individual patient, the individual’s
 1389  patient’s guardian, guardian advocate, health care surrogate or
 1390  proxy, or representative, or the administrator may apply for a
 1391  change of venue for the convenience of the parties or witnesses
 1392  or because of the condition of the individual patient.
 1393         5. Notice that the individual patient is entitled to an
 1394  independent expert examination and, if the individual patient
 1395  cannot afford such an examination, that the court will provide
 1396  for one.
 1397         (d) A treatment facility shall provide notice of an
 1398  individual’s a patient’s involuntary admission on the next
 1399  regular working day after the individual’s patient’s arrival at
 1400  the facility.
 1401         (e) When an individual a patient is to be transferred from
 1402  one facility to another, notice shall be given by the facility
 1403  where the individual patient is located before prior to the
 1404  transfer.
 1405         Section 9. Subsections (1), (2), (3), and (10) of section
 1406  394.4615, Florida Statutes, are amended to read:
 1407         394.4615 Clinical records; confidentiality.—
 1408         (1) A clinical record shall be maintained for each
 1409  individual held for examination or admitted for treatment under
 1410  this part patient. The record shall include data pertaining to
 1411  admission and such other information as may be required under
 1412  rules of the department. A clinical record is confidential and
 1413  exempt from the provisions of s. 119.07(1). Unless waived by
 1414  express and informed consent of the individual, by the patient
 1415  or his or her the patient’s guardian, or guardian advocate,
 1416  health care surrogate or proxy, or, if the individual patient is
 1417  deceased, by his or her guardian, guardian advocate, health care
 1418  surrogate or proxy, by his or her the patient’s personal
 1419  representative or the family member who stands next in line of
 1420  intestate succession, the confidential status of the clinical
 1421  record shall not be lost by either authorized or unauthorized
 1422  disclosure to any person, organization, or agency.
 1423         (2) The clinical record of an individual held for
 1424  examination or admitted for treatment under this part shall be
 1425  released if when:
 1426         (a) The individual patient or the individual’s patient’s
 1427  guardian, guardian advocate, health care surrogate or proxy, or
 1428  representative authorizes the release. The guardian, or guardian
 1429  advocate, health care surrogate or proxy shall be provided
 1430  access to the appropriate clinical records of the patient. The
 1431  individual patient or the patient’s guardian, or guardian
 1432  advocate, health care surrogate or proxy may authorize the
 1433  release of information and clinical records to appropriate
 1434  persons to ensure the continuity of the individual’s patient’s
 1435  health care or mental health or substance abuse care.
 1436         (b) The individual patient is represented by counsel and
 1437  the records are needed by the individual’s patient’s counsel for
 1438  adequate representation.
 1439         (c) A petition for involuntary placement is filed and the
 1440  records are needed by the state attorney to evaluate and confirm
 1441  the allegations set forth in the petition or to prosecute the
 1442  petition. However, the state attorney may not use clinical
 1443  records obtained under this part for the purpose of criminal
 1444  investigation or prosecution, or for any other purpose not
 1445  authorized by this part.
 1446         (d)(c) The court orders such release. In determining
 1447  whether there is good cause for disclosure, the court shall
 1448  weigh the need for the information to be disclosed against the
 1449  possible harm of disclosure to the individual person to whom
 1450  such information pertains.
 1451         (e)(d) The individual patient is committed to, or is to be
 1452  returned to, the Department of Corrections from the Department
 1453  of Children and Families, and the Department of Corrections
 1454  requests such records. These records shall be furnished without
 1455  charge to the Department of Corrections.
 1456         (3) Information from the clinical record may be released in
 1457  the following circumstances:
 1458         (a) When a patient has declared an intention to harm other
 1459  persons. When such declaration has been made, the administrator
 1460  may authorize the release of sufficient information to provide
 1461  adequate warning to the person threatened with harm by the
 1462  patient.
 1463         (b) When the administrator of the facility or secretary of
 1464  the department deems release to a qualified researcher as
 1465  defined in administrative rule, an aftercare treatment provider,
 1466  or an employee or agent of the department is necessary for
 1467  treatment of the patient, maintenance of adequate records,
 1468  compilation of treatment data, aftercare planning, or evaluation
 1469  of programs.
 1470  
 1471  For the purpose of determining whether a person meets the
 1472  criteria for involuntary outpatient placement or for preparing
 1473  the proposed treatment plan pursuant to s. 394.4655, the
 1474  clinical record may be released to the state attorney, the
 1475  public defender or the patient’s private legal counsel, the
 1476  court, and to the appropriate mental health professionals,
 1477  including the service provider identified in s. 394.4655(7)(b)
 1478  s. 394.4655(6)(b)2., in accordance with state and federal law.
 1479         (10) An individual held for examination or admitted for
 1480  treatment Patients shall have reasonable access to his or her
 1481  their clinical records, unless such access is determined by the
 1482  individual’s patient’s physician to be harmful to the individual
 1483  patient. If the individual’s patient’s right to inspect his or
 1484  her clinical record is restricted by the facility, written
 1485  notice of such restriction shall be given to the individual
 1486  patient and the individual’s patient’s guardian, guardian
 1487  advocate, health care surrogate or proxy, or attorney, and
 1488  representative. In addition, the restriction shall be recorded
 1489  in the clinical record, together with the reasons for it. The
 1490  restriction of an individual’s a patient’s right to inspect his
 1491  or her clinical record shall expire after 7 days but may be
 1492  renewed, after review, for subsequent 7-day periods.
 1493         Section 10. Paragraphs (a) through (m) of subsection (1) of
 1494  section 394.462, Florida Statutes, are amended, and paragraph
 1495  (n) is added to that subsection, to read:
 1496         394.462 Transportation.—
 1497         (1) TRANSPORTATION TO A RECEIVING OR DETOXIFICATION
 1498  FACILITY.—
 1499         (a) Each county shall designate a single law enforcement
 1500  agency within the county, or portions thereof, to take an
 1501  individual a person into custody upon the entry of an ex parte
 1502  order or the execution of a certificate for involuntary
 1503  examination by an authorized professional and to transport that
 1504  individual person to the nearest receiving facility for
 1505  examination. The designated law enforcement agency may decline
 1506  to transport the individual person to a receiving or
 1507  detoxification facility only if:
 1508         1. The county or jurisdiction designated by the county has
 1509  contracted on an annual basis with an emergency medical
 1510  transport service or private transport company for
 1511  transportation of individuals persons to receiving facilities
 1512  pursuant to this section at the sole cost of the county; and
 1513         2. The law enforcement agency and the emergency medical
 1514  transport service or private transport company agree that the
 1515  continued presence of law enforcement personnel is not necessary
 1516  for the safety of the individuals being transported person or
 1517  others.
 1518         3. The jurisdiction designated by the county may seek
 1519  reimbursement for transportation expenses. The party responsible
 1520  for payment for such transportation is the person receiving the
 1521  transportation. The county shall seek reimbursement from the
 1522  following sources in the following order:
 1523         a. From an insurance company, health care corporation, or
 1524  other source, if the individual being transported person
 1525  receiving the transportation is covered by an insurance policy
 1526  or subscribes to a health care corporation or other source for
 1527  payment of such expenses.
 1528         b. From the individual being transported person receiving
 1529  the transportation.
 1530         c. From a financial settlement for medical care, treatment,
 1531  hospitalization, or transportation payable or accruing to the
 1532  injured party.
 1533         (b) Any company that transports a patient pursuant to this
 1534  subsection is considered an independent contractor and is solely
 1535  liable for the safe and dignified transportation of the patient.
 1536  Such company must be insured and provide no less than $100,000
 1537  in liability insurance with respect to the transportation of
 1538  patients.
 1539         (c) Any company that contracts with a governing board of a
 1540  county to transport patients shall comply with the applicable
 1541  rules of the department to ensure the safety and dignity of the
 1542  patients.
 1543         (d) When a law enforcement officer takes custody of a
 1544  person pursuant to this part, the officer may request assistance
 1545  from emergency medical personnel if such assistance is needed
 1546  for the safety of the officer or the person in custody.
 1547         (e) When a member of a mental health overlay program or a
 1548  mobile crisis response service is a professional authorized to
 1549  initiate an involuntary examination pursuant to s. 394.463 and
 1550  that professional evaluates a person and determines that
 1551  transportation to a receiving facility is needed, the service,
 1552  at its discretion, may transport the person to the facility or
 1553  may call on the law enforcement agency or other transportation
 1554  arrangement best suited to the needs of the patient.
 1555         (f) When a any law enforcement officer has custody of a
 1556  person, based on either noncriminal or minor criminal behavior,
 1557  a misdemeanor, or a felony other than a forcible felony as
 1558  defined in s. 776.08, who that meets the statutory guidelines
 1559  for involuntary examination under this part, the law enforcement
 1560  officer shall transport the individual person to the nearest
 1561  receiving facility for examination.
 1562         (g) When any law enforcement officer has arrested a person
 1563  for a forcible felony as defined in s. 776.08 and it appears
 1564  that the person meets the criteria statutory guidelines for
 1565  involuntary examination or placement under this part, such
 1566  person shall first be processed in the same manner as any other
 1567  criminal suspect. The law enforcement agency shall thereafter
 1568  immediately notify the nearest public receiving facility, which
 1569  shall be responsible for promptly arranging for the examination
 1570  and treatment of the person. A receiving facility may not is not
 1571  required to admit a person charged with a forcible felony as
 1572  defined in s. 776.08 crime for whom the facility determines and
 1573  documents that it is unable to provide adequate security, but
 1574  shall provide mental health examination and treatment to the
 1575  person at the location where he or she is held.
 1576         (h) If the appropriate law enforcement officer believes
 1577  that a person has an emergency medical condition as defined in
 1578  s. 395.002, the person may be first transported to a hospital
 1579  for emergency medical treatment, regardless of whether the
 1580  hospital is a designated receiving facility.
 1581         (i) The costs of transportation, evaluation,
 1582  hospitalization, and treatment incurred under this subsection by
 1583  persons who have been arrested for violations of any state law
 1584  or county or municipal ordinance may be recovered as provided in
 1585  s. 901.35.
 1586         (j) The nearest receiving facility must accept persons
 1587  brought by law enforcement officers for involuntary examination.
 1588         (k) Each law enforcement agency shall develop a memorandum
 1589  of understanding with each receiving facility within the law
 1590  enforcement agency’s jurisdiction which reflects a single set of
 1591  protocols for the safe and secure transportation of the person
 1592  and transfer of custody of the person. These protocols must also
 1593  address crisis intervention measures.
 1594         (l) When a jurisdiction has entered into a contract with an
 1595  emergency medical transport service or a private transport
 1596  company for transportation of persons to receiving facilities,
 1597  such service or company shall be given preference for
 1598  transportation of persons from nursing homes, assisted living
 1599  facilities, adult day care centers, or adult family-care homes,
 1600  unless the behavior of the person being transported is such that
 1601  transportation by a law enforcement officer is necessary.
 1602         (m) Nothing in this section shall be construed to limit
 1603  emergency examination and treatment of incapacitated persons
 1604  provided in accordance with the provisions of s. 401.445.
 1605         (n) Upon the request of an individual who appears to meet
 1606  criteria for voluntary admission under s. 394.4625(1)(a), a law
 1607  enforcement officer may transport him or her to a mental health
 1608  receiving facility, addictions receiving facility, or
 1609  detoxification facility.
 1610         Section 11. Subsections (1), (4), and (5) of section
 1611  394.4625, Florida Statutes, are amended and paragraph (c) of
 1612  subsection (2) of that section is added, to read:
 1613         394.4625 Voluntary admissions.—
 1614         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
 1615  PATIENTS.—
 1616         (a) In order to be admitted to a facility on a voluntary
 1617  status A facility may receive for observation, diagnosis, or
 1618  treatment: any person 18 years of age or older making
 1619  application by express and informed consent for admission or any
 1620  person age 17 or under for whom such application is made by his
 1621  or her guardian. If found to
 1622         1. An individual must show evidence of mental illness or
 1623  substance abuse impairment; and, to be competent to provide
 1624  express and informed consent, and to be suitable for treatment,
 1625  such person 18 years of age or older may be admitted to the
 1626  facility. A person age 17 or under may be admitted only after a
 1627  hearing to verify the voluntariness of the consent.
 1628         2. An individual must be suitable for treatment by the
 1629  facility.
 1630         3. An adult must provide, and be competent to provide,
 1631  express and informed consent.
 1632         4. A minor may only be admitted on the basis of the express
 1633  and informed consent of the minor’s guardian in conjunction with
 1634  the consent of the minor, except that a minor may be admitted to
 1635  an addictions receiving facility or detoxification facility by
 1636  his or her own consent without consent of the minor’s guardian,
 1637  if a physician documents in the clinical record that the minor
 1638  has a substance abuse impairment. If the minor is admitted by
 1639  his or her own consent and without consent of the minor’s
 1640  guardian, the facility must request the minor’s permission to
 1641  notify an adult family member or friend of the minor’s voluntary
 1642  admission into the facility.
 1643         a. The consent of the minor is an affirmative agreement by
 1644  the minor to remain at the facility for examination or
 1645  treatment, and failure to object does not constitute consent.
 1646         b. The minor’s consent must be verified through a clinical
 1647  assessment that is documented in the clinical record and
 1648  conducted within 12 hours after arrival at the facility by a
 1649  licensed professional authorized to initiate an involuntary
 1650  examination pursuant to s. 394.463.
 1651         c. In verifying the minor’s consent, and using language
 1652  that is appropriate to the minor’s age, experience, maturity,
 1653  and condition, the examining professional must provide the minor
 1654  with an explanation as to why the minor will be examined and
 1655  treated, what the minor can expect while in the facility, and
 1656  when the minor may expect to be released. The examining
 1657  professional must determine and document that the minor is able
 1658  to understand the information.
 1659         d. Unless the minor’s consent is verified pursuant to this
 1660  section, a petition for involuntary inpatient placement shall be
 1661  filed with the court within 1 court working day after his or her
 1662  arrival or the minor must be released to his or her guardian.
 1663         (b) A mental health overlay program or a mobile crisis
 1664  response service or a licensed professional who is authorized to
 1665  initiate an involuntary examination pursuant to s. 394.463 and
 1666  is employed by a community mental health center or clinic must,
 1667  pursuant to district procedure approved by the respective
 1668  district administrator, conduct an initial assessment of the
 1669  ability of the following persons to give express and informed
 1670  consent to treatment before such persons may be admitted
 1671  voluntarily:
 1672         1. A person 60 years of age or older for whom transfer is
 1673  being sought from a nursing home, assisted living facility,
 1674  adult day care center, or adult family-care home, when such
 1675  person has been diagnosed as suffering from dementia.
 1676         2. A person 60 years of age or older for whom transfer is
 1677  being sought from a nursing home pursuant to s. 400.0255(12).
 1678         3. A person for whom all decisions concerning medical
 1679  treatment are currently being lawfully made by the health care
 1680  surrogate or proxy designated under chapter 765.
 1681         (c) When an initial assessment of the ability of a person
 1682  to give express and informed consent to treatment is required
 1683  under this section, and a mobile crisis response service does
 1684  not respond to the request for an assessment within 2 hours
 1685  after the request is made or informs the requesting facility
 1686  that it will not be able to respond within 2 hours after the
 1687  request is made, the requesting facility may arrange for
 1688  assessment by any licensed professional authorized to initiate
 1689  an involuntary examination pursuant to s. 394.463 who is not
 1690  employed by or under contract with, and does not have a
 1691  financial interest in, either the facility initiating the
 1692  transfer or the receiving facility to which the transfer may be
 1693  made.
 1694         (d) A facility may not admit as a voluntary patient a
 1695  person who has been adjudicated incapacitated, unless the
 1696  condition of incapacity has been judicially removed. If a
 1697  facility admits as a voluntary patient a person who is later
 1698  determined to have been adjudicated incapacitated, and the
 1699  condition of incapacity had not been removed by the time of the
 1700  admission, the facility must either discharge the patient or
 1701  transfer the patient to involuntary status.
 1702         (e) The health care surrogate or proxy of an individual on
 1703  a voluntary status patient may not consent to the provision of
 1704  mental health treatment or substance abuse treatment for that
 1705  individual the patient. An individual on voluntary status A
 1706  voluntary patient who is unwilling or unable to provide express
 1707  and informed consent to mental health treatment must either be
 1708  discharged or transferred to involuntary status.
 1709         (f) Within 24 hours after admission of a voluntary patient,
 1710  the admitting physician shall document in the patient’s clinical
 1711  record that the patient is able to give express and informed
 1712  consent for admission. If the patient is not able to give
 1713  express and informed consent for admission, the facility shall
 1714  either discharge the patient or transfer the patient to
 1715  involuntary status pursuant to subsection (5).
 1716         (2) RELEASE OR DISCHARGE OF VOLUNTARY PATIENTS.—
 1717         (a) A facility shall discharge a voluntary patient:
 1718         1. Who has sufficiently improved so that retention in the
 1719  facility is no longer desirable. A patient may also be
 1720  discharged to the care of a community facility.
 1721         2. Who revokes consent to admission or requests discharge.
 1722  A voluntary patient or a relative, friend, or attorney of the
 1723  patient may request discharge either orally or in writing at any
 1724  time following admission to the facility. The patient must be
 1725  discharged within 24 hours of the request, unless the request is
 1726  rescinded or the patient is transferred to involuntary status
 1727  pursuant to this section. The 24-hour time period may be
 1728  extended by a treatment facility when necessary for adequate
 1729  discharge planning, but shall not exceed 3 days exclusive of
 1730  weekends and holidays. If the patient, or another on the
 1731  patient’s behalf, makes an oral request for discharge to a staff
 1732  member, such request shall be immediately entered in the
 1733  patient’s clinical record. If the request for discharge is made
 1734  by a person other than the patient, the discharge may be
 1735  conditioned upon the express and informed consent of the
 1736  patient.
 1737         (b) A voluntary patient who has been admitted to a facility
 1738  and who refuses to consent to or revokes consent to treatment
 1739  shall be discharged within 24 hours after such refusal or
 1740  revocation, unless transferred to involuntary status pursuant to
 1741  this section or unless the refusal or revocation is freely and
 1742  voluntarily rescinded by the patient.
 1743         (c) An individual on voluntary status who is currently
 1744  charged with a crime shall be returned to the custody of a law
 1745  enforcement officer upon release or discharge from a facility,
 1746  unless the individual has been released from law enforcement
 1747  custody by posting of a bond, by a pretrial conditional release,
 1748  or by other judicial release.
 1749         (4) TRANSFER TO VOLUNTARY STATUS.—An individual on
 1750  involuntary status patient who has been assessed and certified
 1751  by a physician or psychologist as competent to provide express
 1752  and informed consent and who applies to be transferred to
 1753  voluntary status shall be transferred to voluntary status
 1754  immediately, unless the individual patient has been charged with
 1755  a crime, or has been involuntarily placed for treatment by a
 1756  court pursuant to s. 394.467 and continues to meet the criteria
 1757  for involuntary placement. When transfer to voluntary status
 1758  occurs, notice shall be given as provided in s. 394.4599.
 1759         (5) TRANSFER TO INVOLUNTARY STATUS.—If an individual on
 1760  When a voluntary status patient, or an authorized person on the
 1761  individual’s patient’s behalf, makes a request for discharge,
 1762  the request for discharge, unless freely and voluntarily
 1763  rescinded, must be communicated to a physician, clinical
 1764  psychologist, or psychiatrist as quickly as possible within, but
 1765  not later than 12 hours after the request is made. If the
 1766  individual patient meets the criteria for involuntary placement,
 1767  the individual must be transferred to a designated receiving
 1768  facility and the administrator of the receiving facility where
 1769  the individual is held must file with the court a petition for
 1770  involuntary placement, within 2 court working days after the
 1771  request for discharge is made. If the petition is not filed
 1772  within 2 court working days, the individual must patient shall
 1773  be discharged. Pending the filing of the petition, the
 1774  individual patient may be held and emergency mental health
 1775  treatment rendered in the least restrictive manner, upon the
 1776  written order of a physician, if it is determined that such
 1777  treatment is necessary for the safety of the individual patient
 1778  or others.
 1779         Section 12. Section 394.463, Florida Statutes, is amended
 1780  to read:
 1781         394.463 Involuntary examination.—
 1782         (1) CRITERIA.—A person may be subject to an taken to a
 1783  receiving facility for involuntary examination if there is
 1784  reason to believe that he or she the person has a mental illness
 1785  or substance abuse impairment and because of this his or her
 1786  mental illness or substance abuse impairment:
 1787         (a)1. The person has refused voluntary examination after
 1788  conscientious explanation and disclosure of the purpose of the
 1789  examination; or
 1790         2. The person is unable to determine for himself or herself
 1791  whether examination is necessary; and
 1792         (b)1. Without care or treatment, the person is likely to
 1793  suffer from neglect or refuse to care for himself or herself;
 1794  such neglect or refusal poses a real and present threat of
 1795  substantial harm to his or her well-being; and it is not
 1796  apparent that such harm may be avoided through the help of
 1797  willing family members or friends or the provision of other
 1798  services; or
 1799         2. There is a substantial likelihood that without care or
 1800  treatment the person will cause serious bodily harm to himself
 1801  or herself or others in the near future, as evidenced by recent
 1802  behavior.
 1803         (2) INVOLUNTARY EXAMINATION.—
 1804         (a) An involuntary examination may be initiated by any one
 1805  of the following means:
 1806         1. A court may enter an ex parte order stating that an
 1807  individual a person appears to meet the criteria for involuntary
 1808  examination, giving the findings on which that conclusion is
 1809  based. The ex parte order for involuntary examination must be
 1810  based on sworn testimony, written or oral, which includes
 1811  specific facts that support the finding that the criteria have
 1812  been met. Any behavior relied on for the issuance of an ex parte
 1813  order must have occurred within the preceding 7 calendar days.
 1814  The order must specify whether the individual must be taken to a
 1815  mental health facility, detoxification facility, or addictions
 1816  receiving facility. If other less restrictive means are not
 1817  available, such as voluntary appearance for outpatient
 1818  evaluation, A law enforcement officer, or other designated agent
 1819  of the court, shall take the individual person into custody and
 1820  deliver him or her to the nearest receiving facility of the type
 1821  specified in the order for involuntary examination. However, if
 1822  the county in which the individual is taken into custody has a
 1823  transportation exception plan specifying a central receiving
 1824  facility, the law enforcement officer shall transport the
 1825  individual to the central receiving facility pursuant to the
 1826  plan. The order of the court order must shall be made a part of
 1827  the patient’s clinical record. A No fee may not shall be charged
 1828  for the filing of an order under this subsection. Any receiving
 1829  facility accepting the individual patient based on the court’s
 1830  this order must send a copy of the order to the Agency for
 1831  Health Care Administration on the next working day. The order is
 1832  shall be valid only until executed or, if not executed, for the
 1833  period specified in the order itself. If no time limit is
 1834  specified in the order, the order is shall be valid for 7 days
 1835  after the date it that the order was signed.
 1836         2. A law enforcement officer shall take a person who
 1837  appears to meet the criteria for involuntary examination into
 1838  custody and deliver the person or have him or her delivered to
 1839  the nearest mental health receiving facility, addictions
 1840  receiving facility, or detoxification facility, whichever the
 1841  officer determines is most appropriate for examination. However,
 1842  if the county in which the individual taken into custody has a
 1843  transportation exception plan specifying a central receiving
 1844  facility, the law enforcement officer shall transport the
 1845  individual to the central receiving facility pursuant to the
 1846  plan. The officer shall complete execute a written report
 1847  detailing the circumstances under which the individual person
 1848  was taken into custody., and The report shall be made a part of
 1849  the patient’s clinical record. Any receiving facility or
 1850  detoxification facility accepting the individual patient based
 1851  on the this report must send a copy of the report to the Agency
 1852  for Health Care Administration on the next working day.
 1853         3. A physician, physician assistant, clinical psychologist,
 1854  advanced registered nurse practitioner certified pursuant to s.
 1855  464.012, psychiatric nurse, mental health counselor, marriage
 1856  and family therapist, or clinical social worker may execute a
 1857  certificate stating that he or she has examined the individual a
 1858  person within the preceding 48 hours and finds that the
 1859  individual person appears to meet the criteria for involuntary
 1860  examination and stating the observations upon which that
 1861  conclusion is based. The certificate must specify whether the
 1862  individual is to be taken to a mental health receiving facility,
 1863  an addictions receiving facility, or a detoxification facility,
 1864  and must include specific facts supporting the conclusion that
 1865  the individual would benefit from services provided by the type
 1866  of facility specified. If other less restrictive means are not
 1867  available, such as voluntary appearance for outpatient
 1868  evaluation, A law enforcement officer shall take the individual
 1869  person named in the certificate into custody and deliver him or
 1870  her to the nearest receiving facility of the type specified in
 1871  the certificate for involuntary examination. However, if the
 1872  county in which the individual is taken into custody has a
 1873  transportation exception plan specifying a central receiving
 1874  facility, the law enforcement officer shall transport the
 1875  individual to the central receiving facility pursuant to the
 1876  plan. A law enforcement officer may only take an individual into
 1877  custody on the basis of a certificate within 7 calendar days
 1878  after execution of the certificate. The law enforcement officer
 1879  shall complete execute a written report detailing the
 1880  circumstances under which the individual person was taken into
 1881  custody. The report and certificate shall be made a part of the
 1882  patient’s clinical record. Any receiving facility accepting the
 1883  individual patient based on the this certificate must send a
 1884  copy of the certificate to the Agency for Health Care
 1885  Administration on the next working day.
 1886         (b) An individual may A person shall not be removed from a
 1887  any program or residential placement licensed under chapter 400
 1888  or chapter 429 and transported to a receiving facility for
 1889  involuntary examination unless an ex parte order, a professional
 1890  certificate, or a law enforcement officer’s report is first
 1891  prepared. If the condition of the individual person is such that
 1892  preparation of a law enforcement officer’s report is not
 1893  practicable before removal, the report must shall be completed
 1894  as soon as possible after removal, but in any case before the
 1895  individual person is transported to a receiving facility. A
 1896  receiving facility admitting an individual a person for
 1897  involuntary examination who is not accompanied by the required
 1898  ex parte order, professional certificate, or law enforcement
 1899  officer’s report must shall notify the Agency for Health Care
 1900  Administration of such admission by certified mail by no later
 1901  than the next working day. The provisions of this paragraph do
 1902  not apply when transportation is provided by the patient’s
 1903  family or guardian.
 1904         (c) A law enforcement officer acting in accordance with an
 1905  ex parte order issued pursuant to this subsection may serve and
 1906  execute such order on any day of the week, at any time of the
 1907  day or night.
 1908         (d) A law enforcement officer acting in accordance with an
 1909  ex parte order issued pursuant to this subsection may use such
 1910  reasonable physical force as is necessary to gain entry to the
 1911  premises, and any dwellings, buildings, or other structures
 1912  located on the premises, and to take custody of the person who
 1913  is the subject of the ex parte order.
 1914         (e) Petitions and The Agency for Health Care Administration
 1915  shall receive and maintain the copies of ex parte orders,
 1916  involuntary outpatient placement orders, involuntary outpatient
 1917  placement petitions and orders issued pursuant to s. 394.4655,
 1918  involuntary inpatient placement petitions and orders issued
 1919  pursuant to s. 394.467, professional certificates, and law
 1920  enforcement officers’ reports are. These documents shall be
 1921  considered part of the clinical record, governed by the
 1922  provisions of s. 394.4615. The agency shall prepare annual
 1923  reports analyzing the data obtained from these documents,
 1924  without information identifying individuals held for examination
 1925  or admitted for mental health and substance abuse treatment
 1926  patients, and shall provide copies of reports to the department,
 1927  the President of the Senate, the Speaker of the House of
 1928  Representatives, and the minority leaders of the Senate and the
 1929  House of Representatives.
 1930         (f) An individual held for examination A patient shall be
 1931  examined by a physician, a or clinical psychologist, or a
 1932  psychiatric nurse at a receiving facility without unnecessary
 1933  delay and may, upon the order of a physician, be given emergency
 1934  mental health treatment if it is determined that such treatment
 1935  is necessary for the safety of the individual patient or others.
 1936  The patient may not be released by the receiving facility or its
 1937  contractor without the documented approval of a psychiatrist, a
 1938  clinical psychologist, or, if the receiving facility is a
 1939  hospital, the release may also be approved by an attending
 1940  emergency department physician with experience in the diagnosis
 1941  and treatment of mental and nervous disorders and after
 1942  completion of an involuntary examination pursuant to this
 1943  subsection. However, a patient may not be held in a receiving
 1944  facility for involuntary examination longer than 72 hours.
 1945         (g) An individual may not be held for involuntary
 1946  examination for more than 72 hours from the time of the
 1947  individual’s arrival at the facility, except that this period
 1948  may be extended by 48 hours if a physician documents in the
 1949  clinical record that the individual has ongoing symptoms of
 1950  substance intoxication or substance withdrawal and the
 1951  individual would likely experience significant clinical benefit
 1952  from detoxification services. This determination must be made
 1953  based on a face-to-face examination conducted by the physician
 1954  no less than 48 hours and not more than 72 hours after the
 1955  individual’s arrival at the facility. Based on the individual’s
 1956  needs, one of the following actions must be taken within the
 1957  involuntary examination period:
 1958         1. The individual shall be released with the approval of a
 1959  psychiatrist, psychiatric nurse, or psychologist. However, if
 1960  the examination is conducted in a hospital, an emergency
 1961  department physician may approve the release. If the examination
 1962  is conducted in an addictions receiving facility or
 1963  detoxification facility, a physician may approve release. The
 1964  professional approving release must have personally conducted
 1965  the involuntary examination;
 1966         2. The individual shall be asked to provide express and
 1967  informed consent for voluntary admission if a physician or
 1968  psychologist has determined that the individual is competent to
 1969  consent to treatment; or
 1970         3. A petition for involuntary placement shall be completed
 1971  and filed in the circuit court by the receiving facility
 1972  administrator if involuntary outpatient or inpatient placement
 1973  is deemed necessary. If the 72-hour period ends on a weekend or
 1974  legal holiday, the petition must be filed by the next working
 1975  day. If inpatient placement is deemed necessary, the least
 1976  restrictive treatment consistent with the optimum improvement of
 1977  the individual’s condition must be made available.
 1978         (h) An individual released from a receiving or treatment
 1979  facility on a voluntary or involuntary basis who is currently
 1980  charged with a crime shall be returned to the custody of law
 1981  enforcement, unless the individual has been released from law
 1982  enforcement custody by posting of a bond, by a pretrial
 1983  conditional release, or by other judicial release.
 1984         (i)If an individual A person for whom an involuntary
 1985  examination has been initiated who is being evaluated or treated
 1986  at a hospital for an emergency medical condition specified in s.
 1987  395.002 the involuntary examination period must be examined by a
 1988  receiving facility within 72 hours. The 72-hour period begins
 1989  when the individual patient arrives at the hospital and ceases
 1990  when a the attending physician documents that the individual
 1991  patient has an emergency medical condition. The 72-hour period
 1992  resumes when the physician documents that the emergency medical
 1993  condition has stabilized or does not exist. If the patient is
 1994  examined at a hospital providing emergency medical services by a
 1995  professional qualified to perform an involuntary examination and
 1996  is found as a result of that examination not to meet the
 1997  criteria for involuntary outpatient placement pursuant to s.
 1998  394.4655(1) or involuntary inpatient placement pursuant to s.
 1999  394.467(1), the patient may be offered voluntary placement, if
 2000  appropriate, or released directly from the hospital providing
 2001  emergency medical services. The finding by the professional that
 2002  the patient has been examined and does not meet the criteria for
 2003  involuntary inpatient placement or involuntary outpatient
 2004  placement must be entered into the patient’s clinical record.
 2005  Nothing in this paragraph is intended to prevent A hospital
 2006  providing emergency medical services may transfer an individual
 2007  from appropriately transferring a patient to another hospital
 2008  before prior to stabilization if, provided the requirements of
 2009  s. 395.1041(3)(c) are have been met. One of the following
 2010  actions must occur within 12 hours after a physician documents
 2011  that the individual’s emergency medical condition has stabilized
 2012  or does not exist:
 2013         (h) One of the following must occur within 12 hours after
 2014  the patient’s attending physician documents that the patient’s
 2015  medical condition has stabilized or that an emergency medical
 2016  condition does not exist:
 2017         1. The individual shall be examined by a physician,
 2018  psychiatric nurse or psychologist and, if found not to meet the
 2019  criteria for involuntary examination pursuant to s. 394.463,
 2020  shall be released directly from the hospital providing the
 2021  emergency medical services. The results of the examination,
 2022  including the final disposition, shall be entered into the
 2023  clinical records; or
 2024         2. The individual shall be transferred to a receiving
 2025  facility for examination if appropriate medical and mental
 2026  health treatment is available. However, the receiving facility
 2027  must be notified of the transfer within 2 hours after the
 2028  individual’s condition has been stabilized or after
 2029  determination that an emergency medical condition does not
 2030  exist. The patient must be examined by a designated receiving
 2031  facility and released; or
 2032         2. The patient must be transferred to a designated
 2033  receiving facility in which appropriate medical treatment is
 2034  available. However, the receiving facility must be notified of
 2035  the transfer within 2 hours after the patient’s condition has
 2036  been stabilized or after determination that an emergency medical
 2037  condition does not exist.
 2038         (i) Within the 72-hour examination period or, if the 72
 2039  hours ends on a weekend or holiday, no later than the next
 2040  working day thereafter, one of the following actions must be
 2041  taken, based on the individual needs of the patient:
 2042         1. The patient shall be released, unless he or she is
 2043  charged with a crime, in which case the patient shall be
 2044  returned to the custody of a law enforcement officer;
 2045         2. The patient shall be released, subject to the provisions
 2046  of subparagraph 1., for voluntary outpatient treatment;
 2047         3. The patient, unless he or she is charged with a crime,
 2048  shall be asked to give express and informed consent to placement
 2049  as a voluntary patient, and, if such consent is given, the
 2050  patient shall be admitted as a voluntary patient; or
 2051         4. A petition for involuntary placement shall be filed in
 2052  the circuit court when outpatient or inpatient treatment is
 2053  deemed necessary. When inpatient treatment is deemed necessary,
 2054  the least restrictive treatment consistent with the optimum
 2055  improvement of the patient’s condition shall be made available.
 2056  When a petition is to be filed for involuntary outpatient
 2057  placement, it shall be filed by one of the petitioners specified
 2058  in s. 394.4655(3)(a). A petition for involuntary inpatient
 2059  placement shall be filed by the facility administrator.
 2060         (3) NOTICE OF RELEASE.—Notice of the release shall be given
 2061  to the individual’s patient’s guardian, health care surrogate or
 2062  proxy, or representative, to any person who executed a
 2063  certificate admitting the individual patient to the receiving
 2064  facility, and to any court that which ordered the individual’s
 2065  examination patient’s evaluation.
 2066         Section 13. Section 394.4655, Florida Statutes, is amended
 2067  to read:
 2068         394.4655 Involuntary outpatient placement.—
 2069         (1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.—An
 2070  individual A person may be ordered to involuntary outpatient
 2071  placement upon a finding of the court that by clear and
 2072  convincing evidence that:
 2073         (a) The individual is an adult person is 18 years of age or
 2074  older;
 2075         (b) The individual person has a mental illness or substance
 2076  abuse impairment;
 2077         (c) The individual person is unlikely to survive safely in
 2078  the community without supervision, based on a clinical
 2079  determination;
 2080         (d) The individual person has a history of lack of
 2081  compliance with treatment for mental illness or substance abuse
 2082  impairment;
 2083         (e) The individual person has:
 2084         1. Within At least twice within the immediately preceding
 2085  36 months, been involuntarily admitted to a receiving or
 2086  treatment facility as defined in s. 394.455, or has received
 2087  mental health or substance abuse services in a forensic or
 2088  correctional facility. The 36-month period does not include any
 2089  period during which the individual person was admitted or
 2090  incarcerated; or
 2091         2. Engaged in one or more acts of serious violent behavior
 2092  toward self or others, or attempts at serious bodily harm to
 2093  himself or herself or others, within the preceding 36 months;
 2094         (f) Due to The person is, as a result of his or her mental
 2095  illness or substance abuse impairment, the individual is,
 2096  unlikely to voluntarily participate in the recommended treatment
 2097  plan and either he or she has refused voluntary placement for
 2098  treatment after sufficient and conscientious explanation and
 2099  disclosure of the purpose of placement for treatment or he or
 2100  she is unable to determine for himself or herself whether
 2101  placement is necessary;
 2102         (g) In view of the individual’s person’s treatment history
 2103  and current behavior, the individual person is in need of
 2104  involuntary outpatient placement in order to prevent a relapse
 2105  or deterioration that would be likely to result in serious
 2106  bodily harm to self himself or herself or others, or a
 2107  substantial harm to his or her well-being as set forth in s.
 2108  394.463(1);
 2109         (h) It is likely that the individual person will benefit
 2110  from involuntary outpatient placement; and
 2111         (i) All available, less restrictive alternatives that would
 2112  offer an opportunity for improvement of his or her condition
 2113  have been judged to be inappropriate or unavailable.
 2114         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
 2115         (a)1.An individual A patient who is being recommended for
 2116  involuntary outpatient placement by the administrator of the
 2117  receiving facility where he or she the patient has been examined
 2118  may be retained by the facility after adherence to the notice
 2119  procedures provided in s. 394.4599.
 2120         1. The recommendation must be supported by the opinion of a
 2121  psychiatrist and the second opinion of a clinical psychologist
 2122  or another psychiatrist, both of whom have personally examined
 2123  the individual patient within the preceding 72 hours, that the
 2124  criteria for involuntary outpatient placement are met. However,
 2125  in a county having a population of fewer than 50,000, if the
 2126  administrator certifies that a psychiatrist or clinical
 2127  psychologist is not available to provide the second opinion, the
 2128  second opinion may be provided by a licensed physician who has
 2129  postgraduate training and experience in diagnosis and treatment
 2130  of mental and nervous disorders or by a psychiatric nurse. Any
 2131  second opinion authorized in this subparagraph may be conducted
 2132  through a face-to-face examination, in person or by electronic
 2133  means. Such recommendation must be entered on an involuntary
 2134  outpatient placement certificate that authorizes the receiving
 2135  facility to retain the individual patient pending completion of
 2136  a hearing. The certificate shall be made a part of the patient’s
 2137  clinical record.
 2138         2. If the individual patient has been stabilized and no
 2139  longer meets the criteria for involuntary examination pursuant
 2140  to s. 394.463(1), he or she the patient must be released from
 2141  the receiving facility while awaiting the hearing for
 2142  involuntary outpatient placement.
 2143         3. Before filing a petition for involuntary outpatient
 2144  treatment, the administrator of the a receiving facility or a
 2145  designated department representative must identify the service
 2146  provider that will have primary responsibility for service
 2147  provision under an order for involuntary outpatient placement,
 2148  unless the individual person is otherwise participating in
 2149  outpatient psychiatric treatment and is not in need of public
 2150  financing for that treatment, in which case the individual, if
 2151  eligible, may be ordered to involuntary treatment pursuant to
 2152  the existing psychiatric treatment relationship.
 2153         4.3. The service provider shall prepare a written proposed
 2154  treatment plan in consultation with the individual being held
 2155  patient or his or her the patient’s guardian advocate, if
 2156  appointed, for the court’s consideration for inclusion in the
 2157  involuntary outpatient placement order. The service provider
 2158  shall also provide a copy of the proposed treatment plan to the
 2159  individual patient and the administrator of the receiving
 2160  facility. The treatment plan must specify the nature and extent
 2161  of the individual’s patient’s mental illness or substance abuse
 2162  impairment, address the reduction of symptoms that necessitate
 2163  involuntary outpatient placement, and include measurable goals
 2164  and objectives for the services and treatment that are provided
 2165  to treat the individual’s person’s mental illness or substance
 2166  abuse impairment and assist the individual person in living and
 2167  functioning in the community or to prevent a relapse or
 2168  deterioration. Service providers may select and supervise other
 2169  providers individuals to implement specific aspects of the
 2170  treatment plan. The services in the treatment plan must be
 2171  deemed clinically appropriate by a physician, clinical
 2172  psychologist, psychiatric nurse, mental health counselor,
 2173  marriage and family therapist, or clinical social worker who
 2174  consults with, or is employed or contracted by, the service
 2175  provider. The service provider must certify to the court in the
 2176  proposed treatment plan whether sufficient services for
 2177  improvement and stabilization are currently available and
 2178  whether the service provider agrees to provide those services.
 2179  If the service provider certifies that the services in the
 2180  proposed treatment plan are not available, the petitioner may
 2181  not file the petition.
 2182         (b) If an individual a patient in involuntary inpatient
 2183  placement meets the criteria for involuntary outpatient
 2184  placement, the administrator of the treatment facility may,
 2185  before the expiration of the period during which the treatment
 2186  facility is authorized to retain the individual patient,
 2187  recommend involuntary outpatient placement.
 2188         1. The recommendation must be supported by the opinion of a
 2189  psychiatrist and the second opinion of a clinical psychologist
 2190  or another psychiatrist, both of whom have personally examined
 2191  the individual patient within the preceding 72 hours, that the
 2192  criteria for involuntary outpatient placement are met. However,
 2193  in a county having a population of fewer than 50,000, if the
 2194  administrator certifies that a psychiatrist or clinical
 2195  psychologist is not available to provide the second opinion, the
 2196  second opinion may be provided by a licensed physician who has
 2197  postgraduate training and experience in diagnosis and treatment
 2198  of mental and nervous disorders or by a psychiatric nurse. Any
 2199  second opinion authorized in this subparagraph may be conducted
 2200  through a face-to-face examination, in person or by electronic
 2201  means. Such recommendation must be entered on an involuntary
 2202  outpatient placement certificate, and the certificate must be
 2203  made a part of the individual’s patient’s clinical record.
 2204         2.(c)1. The administrator of the treatment facility shall
 2205  provide a copy of the involuntary outpatient placement
 2206  certificate and a copy of the state mental health discharge form
 2207  to a department representative in the county where the
 2208  individual patient will be residing. For persons who are leaving
 2209  a state mental health treatment facility, the petition for
 2210  involuntary outpatient placement must be filed in the county
 2211  where the patient will be residing.
 2212         3.2. The service provider that will have primary
 2213  responsibility for service provision shall be identified by the
 2214  designated department representative prior to the order for
 2215  involuntary outpatient placement and must, before prior to
 2216  filing a petition for involuntary outpatient placement, certify
 2217  to the court whether the services recommended in the
 2218  individual’s patient’s discharge plan are available in the local
 2219  community and whether the service provider agrees to provide
 2220  those services. The service provider must develop with the
 2221  individual patient, or the patient’s guardian advocate, if one
 2222  is appointed, a treatment or service plan that addresses the
 2223  needs identified in the discharge plan. The plan must be deemed
 2224  to be clinically appropriate by a physician, clinical
 2225  psychologist, psychiatric nurse, mental health counselor,
 2226  marriage and family therapist, or clinical social worker, as
 2227  defined in this chapter, who consults with, or is employed or
 2228  contracted by, the service provider.
 2229         3. If the service provider certifies that the services in
 2230  the proposed treatment or service plan are not available, the
 2231  petitioner may not file the petition.
 2232         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
 2233         (a) A petition for involuntary outpatient placement may be
 2234  filed by:
 2235         1. The administrator of a mental health receiving facility,
 2236  an addictions receiving facility, or a detoxification facility;
 2237  or
 2238         2. The administrator of a treatment facility.
 2239         (b) Each required criterion for involuntary outpatient
 2240  placement must be alleged and substantiated in the petition for
 2241  involuntary outpatient placement. A copy of the certificate
 2242  recommending involuntary outpatient placement completed by a
 2243  qualified professional specified in subsection (2) must be
 2244  attached to the petition. A copy of the proposed treatment plan
 2245  must be attached to the petition. Before the petition is filed,
 2246  the service provider shall certify that the services in the
 2247  proposed treatment plan are available. If the necessary services
 2248  are not available in the patient’s local community where the
 2249  individual will reside to respond to the person’s individual
 2250  needs, the petition may not be filed.
 2251         (c) A The petition for involuntary outpatient placement
 2252  must be filed in the county where the individual who is the
 2253  subject of the petition patient is located, unless the
 2254  individual patient is being placed from a state treatment
 2255  facility, in which case the petition must be filed in the county
 2256  where the individual patient will reside. When the petition is
 2257  has been filed, the clerk of the court shall provide copies of
 2258  the petition and the proposed treatment plan to the department,
 2259  the individual patient, the individual’s patient’s guardian,
 2260  guardian advocate, health care surrogate or proxy, or
 2261  representative, the state attorney, and the public defender or
 2262  the individual’s patient’s private counsel. A fee may not be
 2263  charged for filing a petition under this subsection.
 2264         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2265  after the filing of a petition for involuntary outpatient
 2266  placement, the court shall appoint the public defender to
 2267  represent the individual person who is the subject of the
 2268  petition, unless the individual person is otherwise represented
 2269  by counsel. The clerk of the court shall immediately notify the
 2270  public defender of the appointment. The public defender shall
 2271  represent the individual person until the petition is dismissed,
 2272  the court order expires, or the individual patient is discharged
 2273  from involuntary outpatient placement. An attorney who
 2274  represents the individual patient shall have access to the
 2275  individual patient, witnesses, and records relevant to the
 2276  presentation of the individual’s patient’s case and shall
 2277  represent the interests of the individual patient, regardless of
 2278  the source of payment to the attorney. An attorney representing
 2279  an individual in proceedings under this part shall advocate the
 2280  individual’s expressed desires and must be present and actively
 2281  participate in all hearings on involuntary placement. If the
 2282  individual is unable or unwilling to express his or her desires
 2283  to the attorney, the attorney shall proceed as though the
 2284  individual expressed a desire for liberty, opposition to
 2285  involuntary placement and, if placement is ordered, a preference
 2286  for the least restrictive treatment possible.
 2287         (5) CONTINUANCE OF HEARING.—The patient is entitled, with
 2288  the concurrence of the patient’s counsel, to at least one
 2289  continuance of the hearing. The continuance shall be for a
 2290  period of up to 4 weeks.
 2291         (6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
 2292         (a)1. The court shall hold the hearing on involuntary
 2293  outpatient placement within 5 court working days after the
 2294  filing of the petition, unless a continuance is granted. The
 2295  hearing shall be held in the county where the petition is filed,
 2296  shall be as convenient to the individual who is the subject of
 2297  the petition patient as is consistent with orderly procedure,
 2298  and shall be conducted in physical settings not likely to be
 2299  injurious to the individual’s patient’s condition. If the court
 2300  finds that the individual’s patient’s attendance at the hearing
 2301  is not consistent with the best interests of the individual
 2302  patient and if the individual’s patient’s counsel does not
 2303  object, the court may waive the presence of the individual
 2304  patient from all or any portion of the hearing. The state
 2305  attorney for the circuit in which the individual patient is
 2306  located shall represent the state, rather than the petitioner,
 2307  as the real party in interest in the proceeding. The state
 2308  attorney shall have access to the individual’s clinical record
 2309  and witnesses and shall independently evaluate and confirm the
 2310  allegations set forth in the petition for involuntary placement.
 2311  If the allegations are substantiated, the state attorney shall
 2312  prosecute the petition. If the allegations are not
 2313  substantiated, the state attorney shall withdraw the petition.
 2314         (b)2. The court may appoint a magistrate master to preside
 2315  at the hearing. One of the professionals who executed the
 2316  involuntary outpatient placement certificate shall be a witness.
 2317  The individual who is the subject of the petition patient and
 2318  his or her the patient’s guardian, guardian advocate, health
 2319  care surrogate or proxy, or representative shall be informed by
 2320  the court of the right to an independent expert examination. If
 2321  the individual patient cannot afford such an examination, the
 2322  court shall provide for one. The independent expert’s report is
 2323  shall be confidential and not discoverable, unless the expert is
 2324  to be called as a witness for the individual patient at the
 2325  hearing. The court shall allow testimony from persons
 2326  individuals, including family members, deemed by the court to be
 2327  relevant under state law, regarding the individual’s person’s
 2328  prior history and how that prior history relates to the
 2329  individual’s person’s current condition. The testimony in the
 2330  hearing must be given under oath, and the proceedings must be
 2331  recorded. The individual patient may refuse to testify at the
 2332  hearing.
 2333         (c) The court shall consider testimony and evidence
 2334  regarding the competence of the individual being held to consent
 2335  to treatment. If the court finds that the individual is
 2336  incompetent to consent, it shall appoint a guardian advocate as
 2337  provided in s. 394.4598.
 2338         (7) COURT ORDER.—
 2339         (a)(b)1. If the court concludes that the individual who is
 2340  the subject of the petition patient meets the criteria for
 2341  involuntary outpatient placement under pursuant to subsection
 2342  (1), the court shall issue an order for involuntary outpatient
 2343  placement. The court order may shall be for a period of up to 6
 2344  months. The order must specify the nature and extent of the
 2345  individual’s patient’s mental illness or substance abuse
 2346  impairment. The court order of the court and the treatment plan
 2347  must shall be made part of the individual’s patient’s clinical
 2348  record. The service provider shall discharge an individual a
 2349  patient from involuntary outpatient placement when the order
 2350  expires or any time the individual patient no longer meets the
 2351  criteria for involuntary placement. Upon discharge, the service
 2352  provider shall send a certificate of discharge to the court.
 2353         (b)2. The court may not order the department or the service
 2354  provider to provide services if the program or service is not
 2355  available in the patient’s local community of the individual
 2356  being served, if there is no space available in the program or
 2357  service for the individual patient, or if funding is not
 2358  available for the program or service. A copy of the order must
 2359  be sent to the Agency for Health Care Administration by the
 2360  service provider within 1 working day after it is received from
 2361  the court. After the placement order is issued, the service
 2362  provider and the individual patient may modify provisions of the
 2363  treatment plan. For any material modification of the treatment
 2364  plan to which the individual patient or the individual’s
 2365  patient’s guardian advocate, if appointed, does agree, the
 2366  service provider shall send notice of the modification to the
 2367  court. Any material modifications of the treatment plan which
 2368  are contested by the individual patient or the individual’s
 2369  patient’s guardian advocate, if appointed, must be approved or
 2370  disapproved by the court consistent with the requirements of
 2371  subsection (2).
 2372         (c)3. If, in the clinical judgment of a physician, the
 2373  individual being served patient has failed or has refused to
 2374  comply with the treatment ordered by the court, and, in the
 2375  clinical judgment of the physician, efforts were made to solicit
 2376  compliance and the individual patient may meet the criteria for
 2377  involuntary examination, the individual a person may be brought
 2378  to a receiving facility pursuant to s. 394.463 for involuntary
 2379  examination. If, after examination, the individual patient does
 2380  not meet the criteria for involuntary inpatient placement
 2381  pursuant to s. 394.467, the individual patient must be
 2382  discharged from the receiving facility. The involuntary
 2383  outpatient placement order remains shall remain in effect unless
 2384  the service provider determines that the individual patient no
 2385  longer meets the criteria for involuntary outpatient placement
 2386  or until the order expires. The service provider must determine
 2387  whether modifications should be made to the existing treatment
 2388  plan and must attempt to continue to engage the individual
 2389  patient in treatment. For any material modification of the
 2390  treatment plan to which the individual patient or the
 2391  individual’s patient’s guardian advocate, if appointed, agrees
 2392  does agree, the service provider shall send notice of the
 2393  modification to the court. Any material modifications of the
 2394  treatment plan which are contested by the individual patient or
 2395  the individual’s patient’s guardian advocate, if appointed, must
 2396  be approved or disapproved by the court consistent with the
 2397  requirements of subsection (2).
 2398         (d)(c) If, at any time before the conclusion of the initial
 2399  hearing on involuntary outpatient placement, it appears to the
 2400  court that the individual person does not meet the criteria for
 2401  involuntary outpatient placement under this section but,
 2402  instead, meets the criteria for involuntary inpatient placement,
 2403  the court may order the individual person admitted for
 2404  involuntary inpatient examination under s. 394.463. If the
 2405  person instead meets the criteria for involuntary assessment,
 2406  protective custody, or involuntary admission pursuant to s.
 2407  397.675, the court may order the person to be admitted for
 2408  involuntary assessment for a period of 5 days pursuant to s.
 2409  397.6811. Thereafter, all proceedings shall be governed by
 2410  chapter 397.
 2411         (d) At the hearing on involuntary outpatient placement, the
 2412  court shall consider testimony and evidence regarding the
 2413  patient’s competence to consent to treatment. If the court finds
 2414  that the patient is incompetent to consent to treatment, it
 2415  shall appoint a guardian advocate as provided in s. 394.4598.
 2416  The guardian advocate shall be appointed or discharged in
 2417  accordance with s. 394.4598.
 2418         (e) The administrator of the receiving facility, the
 2419  detoxification facility, or the designated department
 2420  representative shall provide a copy of the court order and
 2421  adequate documentation of an individual’s a patient’s mental
 2422  illness or substance abuse impairment to the service provider
 2423  for involuntary outpatient placement. Such documentation must
 2424  include any advance directives made by the individual patient, a
 2425  psychiatric evaluation of the individual patient, and any
 2426  evaluations of the individual patient performed by a clinical
 2427  psychologist or a clinical social worker.
 2428         (8)(7)PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 2429  PLACEMENT.—
 2430         (a)1. If the individual person continues to meet the
 2431  criteria for involuntary outpatient placement, the service
 2432  provider shall, before the expiration of the period during which
 2433  the placement treatment is ordered for the person, file in the
 2434  circuit court a petition for continued involuntary outpatient
 2435  placement.
 2436         1.2. The existing involuntary outpatient placement order
 2437  remains in effect until disposition of on the petition for
 2438  continued involuntary outpatient placement.
 2439         2.3. A certificate must shall be attached to the petition
 2440  which includes a statement from the individual’s person’s
 2441  physician or clinical psychologist justifying the request, a
 2442  brief description of the individual’s patient’s treatment during
 2443  the time he or she was involuntarily placed, and a personalized
 2444  an individualized plan of continued treatment.
 2445         3.4. The service provider shall develop the individualized
 2446  plan of continued treatment in consultation with the individual
 2447  patient or his or her the patient’s guardian advocate, if
 2448  appointed. When the petition has been filed, the clerk of the
 2449  court shall provide copies of the certificate and the
 2450  individualized plan of continued treatment to the department,
 2451  the individual patient, the individual’s patient’s guardian
 2452  advocate, the state attorney, and the individual’s patient’s
 2453  private counsel or the public defender.
 2454         (b) Within 1 court working day after the filing of a
 2455  petition for continued involuntary outpatient placement, the
 2456  court shall appoint the public defender to represent the
 2457  individual person who is the subject of the petition, unless the
 2458  individual person is otherwise represented by counsel. The clerk
 2459  of the court shall immediately notify the public defender of
 2460  such appointment. The public defender shall represent the
 2461  individual person until the petition is dismissed, or the court
 2462  order expires, or the individual patient is discharged from
 2463  involuntary outpatient placement. Any attorney representing the
 2464  individual patient shall have access to the individual patient,
 2465  witnesses, and records relevant to the presentation of the
 2466  individual’s patient’s case and shall represent the interests of
 2467  the individual patient, regardless of the source of payment to
 2468  the attorney.
 2469         (c) The court shall inform the individual who is the
 2470  subject of the petition and his or her guardian, guardian
 2471  advocate, health care surrogate or proxy, or representative of
 2472  the individual’s right to an independent expert examination. If
 2473  the individual cannot afford such an examination, the court
 2474  shall provide one.
 2475         (d)(c) Hearings on petitions for continued involuntary
 2476  outpatient placement are shall be before the circuit court. The
 2477  court may appoint a magistrate master to preside at the hearing.
 2478  The procedures for obtaining an order pursuant to this paragraph
 2479  must shall be in accordance with subsection (6), except that the
 2480  time period included in paragraph (1)(e) is not applicable in
 2481  determining the appropriateness of additional periods of
 2482  involuntary outpatient placement.
 2483         (e)(d) Notice of the hearing shall be provided in
 2484  accordance with as set forth in s. 394.4599. The individual
 2485  being served patient and the individual’s patient’s attorney may
 2486  agree to a period of continued outpatient placement without a
 2487  court hearing.
 2488         (f)(e) The same procedure shall be repeated before the
 2489  expiration of each additional period the individual being served
 2490  patient is placed in treatment.
 2491         (g)(f) If the individual in involuntary outpatient
 2492  placement patient has previously been found incompetent to
 2493  consent to treatment, the court shall consider testimony and
 2494  evidence regarding the individual’s patient’s competence.
 2495  Section 394.4598 governs the discharge of the guardian advocate
 2496  if the individual’s patient’s competency to consent to treatment
 2497  has been restored.
 2498         Section 14. Section 394.467, Florida Statutes, is amended
 2499  to read:
 2500         394.467 Involuntary inpatient placement.—
 2501         (1) CRITERIA.—An individual A person may be placed in
 2502  involuntary inpatient placement for treatment upon a finding of
 2503  the court by clear and convincing evidence that:
 2504         (a) He or she has a mental illness or substance abuse
 2505  impairment is mentally ill and because of his or her mental
 2506  illness or substance abuse impairment:
 2507         1.a. He or she has refused voluntary placement for
 2508  treatment after sufficient and conscientious explanation and
 2509  disclosure of the purpose of placement for treatment; or
 2510         b. He or she is unable to determine for himself or herself
 2511  whether placement is necessary; and
 2512         2.a. He or she is manifestly incapable of surviving alone
 2513  or with the help of willing and responsible family or friends,
 2514  including available alternative services, and, without
 2515  treatment, is likely to suffer from neglect or refuse to care
 2516  for himself or herself, and such neglect or refusal poses a real
 2517  and present threat of substantial harm to his or her well-being;
 2518  or
 2519         b. There is substantial likelihood that in the near future
 2520  he or she will inflict serious bodily harm on self or others
 2521  himself or herself or another person, as evidenced by recent
 2522  behavior causing, attempting, or threatening such harm; and
 2523         (b) All available less restrictive treatment alternatives
 2524  that which would offer an opportunity for improvement of his or
 2525  her condition have been judged to be inappropriate.
 2526         (2) ADMISSION TO A TREATMENT FACILITY.—An individual A
 2527  patient may be retained by a mental health receiving facility,
 2528  an addictions receiving facility, or a detoxification facility,
 2529  or involuntarily placed in a treatment facility upon the
 2530  recommendation of the administrator of the receiving facility
 2531  where the individual patient has been examined and after
 2532  adherence to the notice and hearing procedures provided in s.
 2533  394.4599. The recommendation must be supported by the opinion of
 2534  a psychiatrist and the second opinion of a clinical psychologist
 2535  or another psychiatrist, both of whom have personally examined
 2536  the individual patient within the preceding 72 hours, that the
 2537  criteria for involuntary inpatient placement are met. However,
 2538  in a county that has a population of fewer than 50,000, if the
 2539  administrator certifies that a psychiatrist or clinical
 2540  psychologist is not available to provide the second opinion, the
 2541  second opinion may be provided by a licensed physician who has
 2542  postgraduate training and experience in diagnosis and treatment
 2543  of mental and nervous disorders or by a psychiatric nurse. If
 2544  the petition seeks placement for treatment of substance abuse
 2545  impairment only, and the individual is examined by an addictions
 2546  receiving facility or detoxification facility, the first opinion
 2547  may be provided by a physician and the second opinion may be
 2548  provided by a substance abuse qualified professional. Any second
 2549  opinion authorized in this subsection may be conducted through a
 2550  face-to-face examination, in person or by electronic means. Such
 2551  recommendation must shall be entered on an involuntary inpatient
 2552  placement certificate that authorizes the receiving facility to
 2553  retain the individual being held patient pending transfer to a
 2554  treatment facility or completion of a hearing.
 2555         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The
 2556  administrator of the mental health facility, addictions
 2557  receiving facility, or detoxification facility shall file a
 2558  petition for involuntary inpatient placement in the court in the
 2559  county where the individual patient is located. Upon filing, the
 2560  clerk of the court shall provide copies to the department, the
 2561  individual patient, the individual’s patient’s guardian,
 2562  guardian advocate, health care surrogate or proxy, or
 2563  representative, and the state attorney and public defender of
 2564  the judicial circuit in which the individual patient is located.
 2565  A No fee may not shall be charged for the filing of a petition
 2566  under this subsection.
 2567         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2568  after the filing of a petition for involuntary inpatient
 2569  placement, the court shall appoint the public defender to
 2570  represent the individual person who is the subject of the
 2571  petition, unless the individual person is otherwise represented
 2572  by counsel. The clerk of the court shall immediately notify the
 2573  public defender of such appointment. Any attorney representing
 2574  the individual patient shall have access to the individual
 2575  patient, witnesses, and records relevant to the presentation of
 2576  the individual’s patient’s case and shall represent the
 2577  interests of the individual patient, regardless of the source of
 2578  payment to the attorney.
 2579         (a) An attorney representing an individual in proceedings
 2580  under this part shall advocate the individual’s expressed
 2581  desires and must be present and actively participate in all
 2582  hearings on involuntary placement. If the individual is unable
 2583  or unwilling to express his or her desires to the attorney, the
 2584  attorney shall proceed as though the individual expressed a
 2585  desire for liberty, opposition to involuntary placement, and, if
 2586  placement is ordered, a preference for the least restrictive
 2587  treatment possible.
 2588         (b) The state attorney for the circuit in which the
 2589  individual is located shall represent the state rather than the
 2590  petitioning facility administrator as the real party in interest
 2591  in the proceeding. The state attorney shall have access to the
 2592  individual’s clinical record and witnesses and shall
 2593  independently evaluate and confirm the allegations set forth in
 2594  the petition for involuntary placement. If the allegations are
 2595  substantiated, the state attorney shall prosecute the petition.
 2596  If the allegations are not substantiated, the state attorney
 2597  shall withdraw the petition.
 2598         (5) CONTINUANCE OF HEARING.—The individual patient is
 2599  entitled, with the concurrence of the individual’s patient’s
 2600  counsel, to at least one continuance of the hearing. The
 2601  continuance shall be for a period of up to 4 weeks.
 2602         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 2603         (a)1. The court shall hold the hearing on involuntary
 2604  inpatient placement within 5 court working days after the
 2605  petition is filed, unless a continuance is granted.
 2606         1. The hearing shall be held in the county where the
 2607  individual patient is located and shall be as convenient to the
 2608  individual patient as may be consistent with orderly procedure
 2609  and shall be conducted in physical settings not likely to be
 2610  injurious to the individual’s patient’s condition. If the
 2611  individual wishes to waive his or her court finds that the
 2612  patient’s attendance at the hearing, the court must determine
 2613  that the waiver is knowingly, intelligently, and voluntarily
 2614  being waived and is not consistent with the best interests of
 2615  the patient, and the patient’s counsel does not object, the
 2616  court may waive the presence of the individual patient from all
 2617  or any portion of the hearing. The state attorney for the
 2618  circuit in which the patient is located shall represent the
 2619  state, rather than the petitioning facility administrator, as
 2620  the real party in interest in the proceeding.
 2621         2. The court may appoint a general or special magistrate to
 2622  preside at the hearing. One of the two professionals who
 2623  executed the involuntary inpatient placement certificate shall
 2624  be a witness. The individual patient and the individual’s
 2625  patient’s guardian, guardian advocate, health care surrogate or
 2626  proxy, or representative shall be informed by the court of the
 2627  right to an independent expert examination. If the individual
 2628  patient cannot afford such an examination, the court shall
 2629  provide for one. The independent expert’s report is shall be
 2630  confidential and not discoverable, unless the expert is to be
 2631  called as a witness for the individual patient at the hearing.
 2632  The testimony in the hearing must be given under oath, and the
 2633  proceedings must be recorded. The individual patient may refuse
 2634  to testify at the hearing.
 2635         3. The court shall allow testimony from persons, including
 2636  family members, deemed by the court to be relevant regarding the
 2637  individual’s prior history and how that prior history relates to
 2638  the individual’s current condition.
 2639         (b) If the court concludes that the individual patient
 2640  meets the criteria for involuntary inpatient placement, it shall
 2641  order that the individual patient be transferred to a treatment
 2642  facility or, if the individual patient is at a treatment
 2643  facility, that the individual patient be retained there or be
 2644  treated at any other appropriate mental health receiving
 2645  facility, addictions receiving facility, detoxification
 2646  facility, or treatment facility, or that the individual patient
 2647  receive services from such a facility a receiving or treatment
 2648  facility, on an involuntary basis, for up to 90 days a period of
 2649  up to 6 months. The order shall specify the nature and extent of
 2650  the individual’s patient’s mental illness or substance abuse
 2651  impairment. The facility shall discharge the individual at a
 2652  patient any time the individual patient no longer meets the
 2653  criteria for involuntary inpatient placement, unless the
 2654  individual patient has transferred to voluntary status.
 2655         (c) If at any time before prior to the conclusion of the
 2656  hearing on involuntary inpatient placement it appears to the
 2657  court that the individual person does not meet the criteria for
 2658  involuntary inpatient placement under this section, but instead
 2659  meets the criteria for involuntary outpatient placement, the
 2660  court may order the individual person evaluated for involuntary
 2661  outpatient placement pursuant to s. 394.4655, and. the petition
 2662  and hearing procedures set forth in s. 394.4655 shall apply. If
 2663  the person instead meets the criteria for involuntary
 2664  assessment, protective custody, or involuntary admission
 2665  pursuant to s. 397.675, then the court may order the person to
 2666  be admitted for involuntary assessment for a period of 5 days
 2667  pursuant to s. 397.6811. Thereafter, all proceedings shall be
 2668  governed by chapter 397.
 2669         (d) At the hearing on involuntary inpatient placement, the
 2670  court shall consider testimony and evidence regarding the
 2671  individual’s patient’s competence to consent to treatment. If
 2672  the court finds that the individual patient is incompetent to
 2673  consent to treatment, it shall appoint a guardian advocate as
 2674  provided in s. 394.4598.
 2675         (e) The administrator of the petitioning receiving facility
 2676  shall provide a copy of the court order and adequate
 2677  documentation of the individual’s a patient’s mental illness or
 2678  substance abuse impairment to the administrator of a treatment
 2679  facility if the individual whenever a patient is ordered for
 2680  involuntary inpatient placement, whether by civil or criminal
 2681  court. The documentation must shall include any advance
 2682  directives made by the individual patient, a psychiatric
 2683  evaluation of the individual patient, and any evaluations of the
 2684  individual patient performed by a clinical psychologist, a
 2685  marriage and family therapist, a mental health counselor, a
 2686  substance abuse qualified professional or a clinical social
 2687  worker. The administrator of a treatment facility may refuse
 2688  admission to an individual any patient directed to its
 2689  facilities on an involuntary basis, whether by civil or criminal
 2690  court order, who is not accompanied at the same time by adequate
 2691  orders and documentation.
 2692         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
 2693  PLACEMENT.—
 2694         (a) Hearings on petitions for continued involuntary
 2695  inpatient placement shall be administrative hearings and shall
 2696  be conducted in accordance with the provisions of s. 120.57(1),
 2697  except that an any order entered by an the administrative law
 2698  judge is shall be final and subject to judicial review in
 2699  accordance with s. 120.68. Orders concerning an individual
 2700  patients committed after successfully pleading not guilty by
 2701  reason of insanity are shall be governed by the provisions of s.
 2702  916.15.
 2703         (b) If the individual patient continues to meet the
 2704  criteria for involuntary inpatient placement, the administrator
 2705  shall, before prior to the expiration of the period during which
 2706  the treatment facility is authorized to retain the individual
 2707  patient, file a petition requesting authorization for continued
 2708  involuntary inpatient placement. The request must shall be
 2709  accompanied by a statement from the individual’s patient’s
 2710  physician or clinical psychologist justifying the request, a
 2711  brief description of the individual’s patient’s treatment during
 2712  the time he or she was involuntarily placed, and a personalized
 2713  an individualized plan of continued treatment. Notice of the
 2714  hearing must shall be provided as set forth in s. 394.4599. If
 2715  at the hearing the administrative law judge finds that
 2716  attendance at the hearing is not consistent with the
 2717  individual’s best interests of the patient, the administrative
 2718  law judge may waive the presence of the individual patient from
 2719  all or any portion of the hearing, unless the individual
 2720  patient, through counsel, objects to the waiver of presence. The
 2721  testimony in the hearing must be under oath, and the proceedings
 2722  must be recorded.
 2723         (c) Unless the individual patient is otherwise represented
 2724  or is ineligible, he or she shall be represented at the hearing
 2725  on the petition for continued involuntary inpatient placement by
 2726  the public defender of the circuit in which the facility is
 2727  located.
 2728         (d) The Division of Administrative Hearings shall inform
 2729  the individual and his or her guardian, guardian advocate,
 2730  health care surrogate or proxy, or representative of the right
 2731  to an independent expert examination. If the individual cannot
 2732  afford such an examination, the court shall provide one.
 2733         (e)(d) If at a hearing it is shown that the individual
 2734  patient continues to meet the criteria for involuntary inpatient
 2735  placement, the administrative law judge shall sign the order for
 2736  continued involuntary inpatient placement for a period of up to
 2737  90 days not to exceed 6 months. The same procedure must shall be
 2738  repeated prior to the expiration of each additional period the
 2739  individual patient is retained.
 2740         (f)(e) If continued involuntary inpatient placement is
 2741  necessary for an individual a patient admitted while serving a
 2742  criminal sentence, but whose sentence is about to expire, or for
 2743  a minor patient involuntarily placed while a minor but who is
 2744  about to reach the age of 18, the administrator shall petition
 2745  the administrative law judge for an order authorizing continued
 2746  involuntary inpatient placement.
 2747         (g)(f) If the individual previously patient has been
 2748  previously found incompetent to consent to treatment, the
 2749  administrative law judge shall consider testimony and evidence
 2750  regarding the individual’s patient’s competence. If the
 2751  administrative law judge finds evidence that the individual
 2752  patient is now competent to consent to treatment, the
 2753  administrative law judge may issue a recommended order to the
 2754  court that found the individual patient incompetent to consent
 2755  to treatment that the individual’s patient’s competence be
 2756  restored and that any guardian advocate previously appointed be
 2757  discharged.
 2758         (8) RETURN TO FACILITY OF PATIENTS.—If an individual held
 2759  When a patient at a treatment facility involuntarily under this
 2760  part leaves the facility without the administrator’s
 2761  authorization, the administrator may authorize a search for, the
 2762  patient and the return of, the individual patient to the
 2763  facility. The administrator may request the assistance of a law
 2764  enforcement agency in the search for and return of the patient.
 2765         Section 15. Section 394.4672, Florida Statutes, is amended
 2766  to read:
 2767         394.4672 Procedure for placement of veteran with federal
 2768  agency.—
 2769         (1) A facility owned, operated, or administered by the
 2770  United States Department of Veterans Affairs that provides
 2771  mental health services has authority as granted by the
 2772  Department of Veterans’ Affairs to:
 2773         (a) Initiate and conduct involuntary examinations pursuant
 2774  to s. 394.463.
 2775         (b) Provide voluntary treatment pursuant to s. 394.4625.
 2776         (c) Petition for involuntary inpatient placement pursuant
 2777  to s. 394.467.
 2778         (d) Provide involuntary inpatient placement pursuant to
 2779  this part.
 2780         (2)(1)If a Whenever it is determined by the court
 2781  determines that an individual a person meets the criteria for
 2782  involuntary placement and he or she it appears that such person
 2783  is eligible for care or treatment by the United States
 2784  Department of Veterans Affairs or another other agency of the
 2785  United States Government, the court, upon receipt of a
 2786  certificate from the United States Department of Veterans
 2787  Affairs or such other agency showing that facilities are
 2788  available and that the individual person is eligible for care or
 2789  treatment therein, may place that individual person with the
 2790  United States Department of Veterans Affairs or other federal
 2791  agency. The individual person whose placement is sought shall be
 2792  personally served with notice of the pending placement
 2793  proceeding in the manner as provided in this part., and nothing
 2794  in This section does not shall affect the individual’s his or
 2795  her right to appear and be heard in the proceeding. Upon
 2796  placement, the individual is person shall be subject to the
 2797  rules and regulations of the United States Department of
 2798  Veterans Affairs or other federal agency.
 2799         (3)(2) The judgment or order of placement issued by a court
 2800  of competent jurisdiction of another state or of the District of
 2801  Columbia which places an individual, placing a person with the
 2802  United States Department of Veterans Affairs or other federal
 2803  agency for care or treatment has, shall have the same force and
 2804  effect in this state as in the jurisdiction of the court
 2805  entering the judgment or making the order.; and The courts of
 2806  the placing state or of the District of Columbia shall retain be
 2807  deemed to have retained jurisdiction of the individual person so
 2808  placed. Consent is hereby given to the application of the law of
 2809  the placing state or district with respect to the authority of
 2810  the chief officer of any facility of the United States
 2811  Department of Veterans Affairs or other federal agency operated
 2812  in this state to retain custody or to transfer, parole, or
 2813  discharge the individual person.
 2814         (4)(3) Upon receipt of a certificate of the United States
 2815  Department of Veterans Affairs or another such other federal
 2816  agency that facilities are available for the care or treatment
 2817  of individuals who have mental illness or substance abuse
 2818  impairment mentally ill persons and that an individual the
 2819  person is eligible for that care or treatment, the administrator
 2820  of the receiving or treatment facility may cause the transfer of
 2821  that individual person to the United States Department of
 2822  Veterans Affairs or other federal agency. Upon effecting such
 2823  transfer, the committing court shall be notified by the
 2824  transferring agency. An individual may not No person shall be
 2825  transferred to the United States Department of Veterans Affairs
 2826  or other federal agency if he or she is confined pursuant to the
 2827  conviction of any felony or misdemeanor or if he or she has been
 2828  acquitted of the charge solely on the ground of insanity, unless
 2829  prior to transfer the court placing the individual such person
 2830  enters an order for the transfer after appropriate motion and
 2831  hearing and without objection by the United States Department of
 2832  Veterans Affairs.
 2833         (5)(4)An individual Any person transferred as provided in
 2834  this section is shall be deemed to be placed with the United
 2835  States Department of Veterans Affairs or other federal agency
 2836  pursuant to the original placement.
 2837         Section 16. Paragraph (a) of subsection (1) of section
 2838  394.875, Florida Statutes, is amended to read:
 2839         394.875 Crisis stabilization units, residential treatment
 2840  facilities, and residential treatment centers for children and
 2841  adolescents; authorized services; license required.—
 2842         (1)(a) The purpose of a crisis stabilization unit is to
 2843  stabilize and redirect a client to the most appropriate and
 2844  least restrictive community setting available, consistent with
 2845  the client’s needs. Crisis stabilization units may screen,
 2846  assess, and admit for stabilization persons who present
 2847  themselves to the unit and persons who are brought to the unit
 2848  under s. 394.463. Clients may be provided 24-hour observation,
 2849  medication prescribed by a physician or psychiatrist, and other
 2850  appropriate services. Crisis stabilization units shall provide
 2851  services regardless of the client’s ability to pay and shall be
 2852  limited in size to a maximum of 30 beds.
 2853         Section 17. Section 765.401, Florida Statutes, is
 2854  transferred and renumbered as section 765.311, Florida Statutes.
 2855         Section 18. Section 765.404, Florida Statutes, is
 2856  transferred and renumbered as section 765.312, Florida Statutes.
 2857         Section 19. The Division of Law Revision and Information is
 2858  directed to rename part IV of chapter 765, Florida Statutes, as
 2859  “Mental Health and Substance Abuse Advance Directives.”
 2860         Section 20. Section 765.4015, Florida Statutes, is created
 2861  to read:
 2862         765.4015 Short title.—Sections 765.402-765.411 may be cited
 2863  as the “Jennifer Act.”
 2864         Section 21. Section 765.402, Florida Statutes, is created
 2865  to read:
 2866         765.402Legislative findings.
 2867         (1) The Legislature recognizes that an individual with
 2868  capacity has the ability to control decisions relating to his or
 2869  her own mental health care or substance abuse treatment. The
 2870  Legislature finds that:
 2871         (a) Substance abuse and some mental illnesses cause
 2872  individuals to fluctuate between capacity and incapacity;
 2873         (b) During periods when an individual’s capacity is
 2874  unclear, the individual may be unable to provide informed
 2875  consent necessary to access needed treatment;
 2876         (c) Early treatment may prevent an individual from becoming
 2877  so ill that involuntary treatment is necessary; and
 2878         (d) Individuals with substance abuse impairment or mental
 2879  illness need an established procedure to express their
 2880  instructions and preferences for treatment and provide advance
 2881  consent to or refusal of treatment. This procedure should be
 2882  less expensive and less restrictive than guardianship.
 2883         (2) The Legislature further recognizes that:
 2884         (a) A mental health or substance abuse treatment advance
 2885  directive must provide the individual with a full range of
 2886  choices.
 2887         (b) For a mental health or substance abuse directive to be
 2888  an effective tool, individuals must be able to choose how they
 2889  want their directives to be applied, including the right of
 2890  revocation, during periods when they are incompetent to consent
 2891  to treatment.
 2892         (c) There must be a clear process so that treatment
 2893  providers can abide by an individual’s treatment choices.
 2894         Section 22. Section 765.403, Florida Statutes, is created
 2895  to read:
 2896         765.403 Definitions.As used in this section, the term:
 2897         (1) “Adult” means any individual who has attained the age
 2898  of majority or is an emancipated minor.
 2899         (2) “Capacity” means that an adult has not been found to be
 2900  incapacitated pursuant to s. 394.463.
 2901         (3) “Health care facility” means a hospital, nursing home,
 2902  hospice, home health agency, or health maintenance organization
 2903  licensed in this state, or any facility subject to part I of
 2904  chapter 394.
 2905         (4) “Incapacity” or “incompetent” means an adult who is:
 2906         (a)Unable to understand the nature, character, and
 2907  anticipated results of proposed treatment or alternatives or the
 2908  recognized serious possible risks, complications, and
 2909  anticipated benefits of treatments and alternatives, including
 2910  nontreatment;
 2911         (b)Physically or mentally unable to communicate a willful
 2912  and knowing decision about mental health care or substance abuse
 2913  treatment;
 2914         (c)Unable to communicate his or her understanding or
 2915  treatment decisions; or
 2916         (d)Determined incompetent pursuant to s. 394.463.
 2917         (5) “Informed consent” means consent voluntarily given by a
 2918  person after a sufficient explanation and disclosure of the
 2919  subject matter involved to enable that person to have a general
 2920  understanding of the treatment or procedure and the medically
 2921  acceptable alternatives, including the substantial risks and
 2922  hazards inherent in the proposed treatment or procedures or
 2923  nontreatment, and to make knowing mental health care or
 2924  substance abuse treatment decisions without coercion or undue
 2925  influence.
 2926         (6) “Interested person” means, for the purposes of this
 2927  chapter, any person who may reasonably be expected to be
 2928  affected by the outcome of the particular proceeding involved,
 2929  including anyone interested in the welfare of an incapacitated
 2930  person.
 2931         (7) “Mental health or substance abuse treatment advance
 2932  directive” means a written document in which the principal makes
 2933  a declaration of instructions or preferences or appoints a
 2934  surrogate to make decisions on behalf of the principal regarding
 2935  the principal’s mental health or substance abuse treatment, or
 2936  both.
 2937         (8) “Mental health professional” means a psychiatrist,
 2938  psychologist, psychiatric nurse, or social worker, and such
 2939  other mental health professionals licensed pursuant to chapter
 2940  458, chapter 464, chapter 490, or chapter 491.
 2941         (9) “Principal” means a competent adult who executes a
 2942  mental health or substance abuse treatment advance directive and
 2943  on whose behalf mental health care or substance abuse treatment
 2944  decisions are to be made.
 2945         (10) “Surrogate” means any competent adult expressly
 2946  designated by a principal to make mental health care or
 2947  substance abuse treatment decisions on behalf of the principal
 2948  as set forth in the principal’s mental health or substance abuse
 2949  treatment advance directive or self-binding arrangement as those
 2950  terms are defined in this part.
 2951         Section 23. Section 765.405, Florida Statutes, is created
 2952  to read:
 2953         765.405 Mental health or substance abuse treatment advance
 2954  directive; execution; allowable provisions.
 2955         (1) An adult with capacity may execute a mental health or
 2956  substance abuse treatment advance directive.
 2957         (2) A directive executed in accordance with this section is
 2958  presumed to be valid. The inability to honor one or more
 2959  provisions of a directive does not affect the validity of the
 2960  remaining provisions.
 2961         (3) A directive may include any provision relating to
 2962  mental health or substance abuse treatment or the care of the
 2963  principal. Without limitation, a directive may include:
 2964         (a) The principal’s preferences and instructions for mental
 2965  health or substance abuse treatment.
 2966         (b) Consent to specific types of mental health or substance
 2967  abuse treatment.
 2968         (c) Refusal to consent to specific types of mental health
 2969  or substance abuse treatment.
 2970         (d) Descriptions of situations that may cause the principal
 2971  to experience a mental health or substance abuse crisis.
 2972         (e) Suggested alternative responses that may supplement or
 2973  be in lieu of direct mental health or substance abuse treatment,
 2974  such as treatment approaches from other providers.
 2975         (f) The principal’s nomination of a guardian, limited
 2976  guardian, or guardian advocate as provided chapter 744.
 2977         (4) A directive may be combined with or be independent of a
 2978  nomination of a guardian, other durable power of attorney, or
 2979  other advance directive.
 2980         Section 24. Section 765.406, Florida Statutes, is created
 2981  to read:
 2982         765.406 Execution of a mental health or substance abuse
 2983  advance directive; effective date; expiration.
 2984         (1) A directive must:
 2985         (a) Be in writing.
 2986         (b) Contain language that clearly indicates that the
 2987  principal intends to create a directive.
 2988         (c) Be dated and signed by the principal or, if the
 2989  principal is unable to sign, at the principal’s direction in the
 2990  principal’s presence.
 2991         (d) Be witnessed by two adults, each of whom must declare
 2992  that he or she personally knows the principal and was present
 2993  when the principal dated and signed the directive, and that the
 2994  principal did not appear to be incapacitated or acting under
 2995  fraud, undue influence, or duress. The person designated as the
 2996  surrogate may not act as a witness to the execution of the
 2997  document designating the mental health or substance abuse care
 2998  treatment surrogate. At least one person who acts as a witness
 2999  must be neither the principal’s spouse nor his or her blood
 3000  relative.
 3001         (2) A directive is valid upon execution, but all or part of
 3002  the directive may take effect at a later date as designated by
 3003  the principal in the directive.
 3004         (3) A directive may:
 3005         (a) Be revoked, in whole or in part, pursuant to s.
 3006  765.407; or
 3007         (b) Expire under its own terms.
 3008         (4) A directive does not or may not:
 3009         (a) Create an entitlement to mental health, substance
 3010  abuse, or medical treatment or supersede a determination of
 3011  medical necessity.
 3012         (b) Obligate any health care provider, professional person,
 3013  or health care facility to pay the costs associated with the
 3014  treatment requested.
 3015         (c) Obligate a health care provider, professional person,
 3016  or health care facility to be responsible for the nontreatment
 3017  or personal care of the principal or the principal’s personal
 3018  affairs outside the scope of services the facility normally
 3019  provides.
 3020         (d) Replace or supersede any will or testamentary document
 3021  or supersede the provision of intestate succession.
 3022         (e) Be revoked by an incapacitated principal unless that
 3023  principal selected the option to permit revocation while
 3024  incapacitated at the time his or her directive was executed.
 3025         Section 25. Section 765.407, Florida Statutes, is created
 3026  to read:
 3027         765.407 Revocation; waiver.
 3028         (1) A principal with capacity may, by written statement of
 3029  the principal or at the principal’s direction in the principal’s
 3030  presence, revoke a directive in whole or in part.
 3031         (2) The principal shall provide a copy of his or her
 3032  written statement of revocation to his or her agent, if any, and
 3033  to each health care provider, professional person, or health
 3034  care facility that received a copy of the directive from the
 3035  principal.
 3036         (3) The written statement of revocation is effective as to
 3037  a health care provider, professional person, or health care
 3038  facility upon receipt. The professional person, health care
 3039  provider, or health care facility, or persons acting under their
 3040  direction, shall make the statement of revocation part of the
 3041  principal’s medical record.
 3042         (4) A directive also may:
 3043         (a) Be revoked, in whole or in part, expressly or to the
 3044  extent of any inconsistency, by a subsequent directive; or
 3045         (b) Be superseded or revoked by a court order, including
 3046  any order entered in a criminal matter. The individual’s family,
 3047  the health care facility, the attending physician, or any other
 3048  interested person who may be directly affected by the
 3049  surrogate’s decision concerning any health care may seek
 3050  expedited judicial intervention pursuant to rule 5.900 of the
 3051  Florida Probate Rules, if that person believes:
 3052         1. The surrogate’s decision is not in accord with the
 3053  individual’s known desires;
 3054         2. The advance directive is ambiguous, or the individual
 3055  has changed his or her mind after execution of the advance
 3056  directive;
 3057         3. The surrogate was improperly designated or appointed, or
 3058  the designation of the surrogate is no longer effective or has
 3059  been revoked;
 3060         4. The surrogate has failed to discharge duties, or
 3061  incapacity or illness renders the surrogate incapable of
 3062  discharging duties;
 3063         5. The surrogate has abused powers; or
 3064         6. The individual has sufficient capacity to make his or
 3065  her own health care decisions.
 3066         (5) A directive that would have otherwise expired but is
 3067  effective because the principal is incapacitated remains
 3068  effective until the principal is no longer incapacitated unless
 3069  the principal elected to be able to revoke while incapacitated
 3070  and has revoked the directive.
 3071         (6) When a principal with capacity consents to treatment
 3072  that differs from, or refuses treatment consented to in, his or
 3073  her directive, the consent or refusal constitutes a waiver of a
 3074  particular provision and does not constitute a revocation of the
 3075  provision or the directive unless that principal also revokes
 3076  the provision or directive.
 3077         Section 26. Section 765.410, Florida Statutes, is created
 3078  to read:
 3079         765.410 Immunity from liability; weight of proof;
 3080  presumption.—
 3081         (1) A health care facility, provider, or other person who
 3082  acts under the direction of a health care facility or provider
 3083  is not subject to criminal prosecution or civil liability, and
 3084  may not be deemed to have engaged in unprofessional conduct, as
 3085  a result of carrying out a mental health care or substance abuse
 3086  treatment decision made in accordance with this section. The
 3087  surrogate who makes a mental health care or substance abuse
 3088  treatment decision on a principal’s behalf, pursuant to this
 3089  section, is not subject to criminal prosecution or civil
 3090  liability for such action.
 3091         (2) This section applies unless it is shown by a
 3092  preponderance of the evidence that the person authorizing or
 3093  carrying out a mental health or substance abuse treatment
 3094  decision did not, in good faith, comply with this section.
 3095         Section 27. Section 765.411, Florida Statutes, is created
 3096  to read:
 3097         765.411Recognition of mental health and substance abuse
 3098  treatment advance directive executed in another state.—A mental
 3099  health or substance abuse treatment advance directive executed
 3100  in another state in compliance with the law of that state is
 3101  validly executed for the purposes of this chapter.
 3102         Section 28. Section 916.185, Florida Statutes, is created
 3103  to read:
 3104         916.185Forensic Hospital Diversion Pilot Program.—
 3105         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 3106  that many jail inmates who have serious mental illnesses and who
 3107  are committed to state forensic mental health treatment
 3108  facilities for restoration of competency to proceed could be
 3109  served more effectively and at less cost in community-based
 3110  alternative programs. The Legislature further finds that many
 3111  individuals who have serious mental illnesses and who have been
 3112  discharged from state forensic mental health treatment
 3113  facilities could avoid recidivism in the criminal justice and
 3114  forensic mental health systems if they received specialized
 3115  treatment in the community. Therefore, it is the intent of the
 3116  Legislature to create the Forensic Hospital Diversion Pilot
 3117  Program to serve individuals who have mental illnesses or co
 3118  occurring mental illnesses and substance use disorders and who
 3119  are admitted to or are at risk of entering state forensic mental
 3120  health treatment facilities, prisons, jails, or state civil
 3121  mental health treatment facilities.
 3122         (2) DEFINITIONS.—As used in this section, the term:
 3123         (a) “Best practices” means treatment services that
 3124  incorporate the most effective and acceptable interventions
 3125  available in the care and treatment of individuals who are
 3126  diagnosed as having mental illnesses or co-occurring mental
 3127  illnesses and substance use disorders.
 3128         (b) “Community forensic system” means the community mental
 3129  health and substance use forensic treatment system, including
 3130  the comprehensive set of services and supports provided to
 3131  individuals involved in or at risk of becoming involved in the
 3132  criminal justice system.
 3133         (c) “Evidence-based practices” means interventions and
 3134  strategies that, based on the best available empirical research,
 3135  demonstrate effective and efficient outcomes in the care and
 3136  treatment of individuals who are diagnosed as having mental
 3137  illnesses or co-occurring mental illnesses and substance use
 3138  disorders.
 3139         (3) CREATION.—There is created a Forensic Hospital
 3140  Diversion Pilot Program to provide, when appropriate,
 3141  competency-restoration and community-reintegration services in
 3142  locked residential treatment facilities, based on considerations
 3143  of public safety, the needs of the individual, and available
 3144  resources.
 3145         (a) The department shall implement a Forensic Hospital
 3146  Diversion Pilot Program in Alachua, Escambia, Hillsborough, and
 3147  Miami-Dade Counties, in conjunction with the Eighth Judicial
 3148  Circuit, the First Judicial Circuit, the Thirteenth Judicial
 3149  Circuit, and the Eleventh Judicial Circuit, respectively, which
 3150  shall be modeled after the Miami-Dade Forensic Alternative
 3151  Center, taking into account local needs and subject to the
 3152  availability of local resources.
 3153         (b) In creating and implementing the program, the
 3154  department shall include a comprehensive continuum of care and
 3155  services which uses evidence-based practices and best practices
 3156  to treat individuals who have mental health and co-occurring
 3157  substance use disorders.
 3158         (c) The department and the respective judicial circuits
 3159  shall implement this section within available resources. State
 3160  funding may be made available through a specific appropriation.
 3161         (4) ELIGIBILITY.—Participation in the Forensic Hospital
 3162  Diversion Pilot Program is limited to individuals who:
 3163         (a) Are 18 years of age or older;
 3164         (b) Are charged with a felony of the second degree or a
 3165  felony of the third degree;
 3166         (c) Do not have a significant history of violent criminal
 3167  offenses;
 3168         (d) Have been adjudicated incompetent to proceed to trial
 3169  or not guilty by reason of insanity under this part;
 3170         (e) Meet public safety and treatment criteria established
 3171  by the department for placement in a community setting; and
 3172         (f) Would be admitted to a state mental health treatment
 3173  facility if not for the availability of the Forensic Hospital
 3174  Diversion Pilot Program.
 3175         (5) TRAINING.—The Legislature encourages the Florida
 3176  Supreme Court, in consultation and cooperation with the Task
 3177  Force on Substance Abuse and Mental Health Issues in the Courts,
 3178  to develop educational training on the community forensic system
 3179  for judges in the pilot program areas.
 3180         (6) RULEMAKING.—The department may adopt rules to
 3181  administer this section.
 3182         (7) REPORT.—The Office of Program Policy Analysis and
 3183  Government Accountability shall review and evaluate the Forensic
 3184  Hospital Diversion Pilot Program and submit a report to the
 3185  Governor, the President of the Senate, and the Speaker of the
 3186  House of Representatives by December 31, 2016. The report shall
 3187  examine the efficiency and cost-effectiveness of providing
 3188  forensic mental health services in secure, outpatient,
 3189  community-based settings. In addition, the report shall examine
 3190  the impact of the Forensic Hospital Diversion Pilot Program on
 3191  public health and safety.
 3192         Section 29. Paragraph (a) of subsection (3) of section
 3193  39.407, Florida Statutes, is amended to read:
 3194         39.407 Medical, psychiatric, and psychological examination
 3195  and treatment of child; physical, mental, or substance abuse
 3196  examination of person with or requesting child custody.—
 3197         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 3198  or paragraph (e), before the department provides psychotropic
 3199  medications to a child in its custody, the prescribing physician
 3200  shall attempt to obtain express and informed consent, as defined
 3201  in s. 394.455(13) s. 394.455(9) and as described in s.
 3202  394.459(3)(a), from the child’s parent or legal guardian. The
 3203  department must take steps necessary to facilitate the inclusion
 3204  of the parent in the child’s consultation with the physician.
 3205  However, if the parental rights of the parent have been
 3206  terminated, the parent’s location or identity is unknown or
 3207  cannot reasonably be ascertained, or the parent declines to give
 3208  express and informed consent, the department may, after
 3209  consultation with the prescribing physician, seek court
 3210  authorization to provide the psychotropic medications to the
 3211  child. Unless parental rights have been terminated and if it is
 3212  possible to do so, the department shall continue to involve the
 3213  parent in the decisionmaking process regarding the provision of
 3214  psychotropic medications. If, at any time, a parent whose
 3215  parental rights have not been terminated provides express and
 3216  informed consent to the provision of a psychotropic medication,
 3217  the requirements of this section that the department seek court
 3218  authorization do not apply to that medication until such time as
 3219  the parent no longer consents.
 3220         2. Any time the department seeks a medical evaluation to
 3221  determine the need to initiate or continue a psychotropic
 3222  medication for a child, the department must provide to the
 3223  evaluating physician all pertinent medical information known to
 3224  the department concerning that child.
 3225         Section 30. Subsection (2) of section 394.4612, Florida
 3226  Statutes, is amended to read:
 3227         394.4612 Integrated adult mental health crisis
 3228  stabilization and addictions receiving facilities.—
 3229         (2) An integrated mental health crisis stabilization unit
 3230  and addictions receiving facility may provide services under
 3231  this section to adults who are 18 years of age or older and who
 3232  fall into one or more of the following categories:
 3233         (a) An adult meeting the requirements for voluntary
 3234  admission for mental health treatment under s. 394.4625.
 3235         (b) An adult meeting the criteria for involuntary
 3236  examination for mental illness under s. 394.463.
 3237         (c) An adult qualifying for voluntary admission for
 3238  substance abuse treatment under s. 397.601.
 3239         (d) An adult meeting the criteria for involuntary admission
 3240  for substance abuse impairment under s. 397.675.
 3241         Section 31. Paragraphs (a) and (c) of subsection (3) of
 3242  section 394.495, Florida Statutes, are amended to read:
 3243         394.495 Child and adolescent mental health system of care;
 3244  programs and services.—
 3245         (3) Assessments must be performed by:
 3246         (a) A professional as defined in s. 394.455(6), (31), (34),
 3247  (35), or (36) s. 394.455(2), (4), (21), (23), or (24);
 3248         (c) A person who is under the direct supervision of a
 3249  professional as defined in s. 394.455(6), (31), (34), (35), or
 3250  (36) s. 394.455(2), (4), (21), (23), or (24) or a professional
 3251  licensed under chapter 491.
 3252  
 3253  The department shall adopt by rule statewide standards for
 3254  mental health assessments, which must be based on current
 3255  relevant professional and accreditation standards.
 3256         Section 32. Subsection (6) of section 394.496, Florida
 3257  Statutes, is amended to read:
 3258         394.496 Service planning.—
 3259         (6) A professional as defined in s. 394.455(6), (31), (34),
 3260  (35), or (36) s. 394.455(2), (4), (21), (23), or (24) or a
 3261  professional licensed under chapter 491 must be included among
 3262  those persons developing the services plan.
 3263         Section 33. Subsection (2) of section 394.499, Florida
 3264  Statutes, is amended to read:
 3265         394.499 Integrated children’s crisis stabilization
 3266  unit/juvenile addictions receiving facility services.—
 3267         (2) Children eligible to receive integrated children’s
 3268  crisis stabilization unit/juvenile addictions receiving facility
 3269  services include:
 3270         (a) A person under 18 years of age for whom voluntary
 3271  application is made by his or her guardian, if such person is
 3272  found to show evidence of mental illness and to be suitable for
 3273  treatment pursuant to s. 394.4625. A person under 18 years of
 3274  age may be admitted for integrated facility services only after
 3275  a hearing to verify that the consent to admission is voluntary.
 3276         (b) A person under 18 years of age who may be taken to a
 3277  receiving facility for involuntary examination, if there is
 3278  reason to believe that he or she is mentally ill and because of
 3279  his or her mental illness, pursuant to s. 394.463:
 3280         1. Has refused voluntary examination after conscientious
 3281  explanation and disclosure of the purpose of the examination; or
 3282         2. Is unable to determine for himself or herself whether
 3283  examination is necessary; and
 3284         a. Without care or treatment is likely to suffer from
 3285  neglect or refuse to care for himself or herself; such neglect
 3286  or refusal poses a real and present threat of substantial harm
 3287  to his or her well-being; and it is not apparent that such harm
 3288  may be avoided through the help of willing family members or
 3289  friends or the provision of other services; or
 3290         b. There is a substantial likelihood that without care or
 3291  treatment he or she will cause serious bodily harm to himself or
 3292  herself or others in the near future, as evidenced by recent
 3293  behavior.
 3294         (c) A person under 18 years of age who wishes to enter
 3295  treatment for substance abuse and applies to a service provider
 3296  for voluntary admission, pursuant to s. 397.601.
 3297         (d) A person under 18 years of age who meets the criteria
 3298  for involuntary admission because there is good faith reason to
 3299  believe the person is substance abuse impaired pursuant to s.
 3300  397.675 and, because of such impairment:
 3301         1. Has lost the power of self-control with respect to
 3302  substance use; and
 3303         2.a. Has inflicted, or threatened or attempted to inflict,
 3304  or unless admitted is likely to inflict, physical harm on
 3305  himself or herself or another; or
 3306         b. Is in need of substance abuse services and, by reason of
 3307  substance abuse impairment, his or her judgment has been so
 3308  impaired that the person is incapable of appreciating his or her
 3309  need for such services and of making a rational decision in
 3310  regard thereto; however, mere refusal to receive such services
 3311  does not constitute evidence of lack of judgment with respect to
 3312  his or her need for such services.
 3313         (c)(e) A person under 18 years of age who meets the
 3314  criteria for examination or admission under paragraph (b) or
 3315  paragraph (d) and has a coexisting mental health and substance
 3316  abuse disorder.
 3317         Section 34. Subsection (18) of section 394.67, Florida
 3318  Statutes, is amended to read:
 3319         394.67 Definitions.—As used in this part, the term:
 3320         (18) “Person who is experiencing an acute substance abuse
 3321  crisis” means a child, adolescent, or adult who is experiencing
 3322  a medical or emotional crisis because of the use of alcoholic
 3323  beverages or any psychoactive or mood-altering substance. The
 3324  term includes an individual who meets the criteria for
 3325  involuntary admission specified in s. 397.675.
 3326         Section 35. Subsection (2) of section 394.674, Florida
 3327  Statutes, is amended to read:
 3328         394.674 Eligibility for publicly funded substance abuse and
 3329  mental health services; fee collection requirements.—
 3330         (2) Crisis services, as defined in s. 394.67, must, within
 3331  the limitations of available state and local matching resources,
 3332  be available to each person who is eligible for services under
 3333  subsection (1), regardless of the person’s ability to pay for
 3334  such services. A person who is experiencing a mental health
 3335  crisis and who does not meet the criteria for involuntary
 3336  examination under s. 394.463(1), or a person who is experiencing
 3337  a substance abuse crisis and who does not meet the involuntary
 3338  admission criteria in s. 397.675, must contribute to the cost of
 3339  his or her care and treatment pursuant to the sliding fee scale
 3340  developed under subsection (4), unless charging a fee is
 3341  contraindicated because of the crisis situation.
 3342         Section 36. Subsection (6) of section 394.9085, Florida
 3343  Statutes, is amended to read:
 3344         394.9085 Behavioral provider liability.—
 3345         (6) For purposes of this section, the terms “detoxification
 3346  services,” “addictions receiving facility,” and “receiving
 3347  facility” have the same meanings as those provided in ss.
 3348  397.311(18)(a)4., 397.311(18)(a)1., and 394.455(27) 394.455(26),
 3349  respectively.
 3350         Section 37. Paragraph (d) of subsection (1) of section
 3351  395.0197, Florida Statutes, is amended to read:
 3352         395.0197 Internal risk management program.—
 3353         (1) Every licensed facility shall, as a part of its
 3354  administrative functions, establish an internal risk management
 3355  program that includes all of the following components:
 3356         (d) A system for informing a patient or an individual
 3357  identified pursuant to s. 765.311(1) s. 765.401(1) that the
 3358  patient was the subject of an adverse incident, as defined in
 3359  subsection (5). Such notice shall be given by an appropriately
 3360  trained person designated by the licensed facility as soon as
 3361  practicable to allow the patient an opportunity to minimize
 3362  damage or injury.
 3363         Section 38. Section 395.1051, Florida Statutes, is amended
 3364  to read:
 3365         395.1051 Duty to notify patients.—An appropriately trained
 3366  person designated by each licensed facility shall inform each
 3367  patient, or an individual identified pursuant to s. 765.311(1)
 3368  s. 765.401(1), in person about adverse incidents that result in
 3369  serious harm to the patient. Notification of outcomes of care
 3370  that result in harm to the patient under this section shall not
 3371  constitute an acknowledgment or admission of liability, nor can
 3372  it be introduced as evidence.
 3373         Section 39. Subsection (11) and paragraph (a) of subsection
 3374  (18) of section 397.311, Florida Statutes, are amended to read:
 3375         397.311 Definitions.—As used in this chapter, except part
 3376  VIII, the term:
 3377         (11) “Habitual abuser” means a person who is brought to the
 3378  attention of law enforcement for being substance impaired, who
 3379  meets the criteria for involuntary admission in s. 397.675, and
 3380  who has been taken into custody for such impairment three or
 3381  more times during the preceding 12 months.
 3382         (18) Licensed service components include a comprehensive
 3383  continuum of accessible and quality substance abuse prevention,
 3384  intervention, and clinical treatment services, including the
 3385  following services:
 3386         (a) “Clinical treatment” means a professionally directed,
 3387  deliberate, and planned regimen of services and interventions
 3388  that are designed to reduce or eliminate the misuse of drugs and
 3389  alcohol and promote a healthy, drug-free lifestyle. As defined
 3390  by rule, “clinical treatment services” include, but are not
 3391  limited to, the following licensable service components:
 3392         1. “Addictions receiving facility” is a secure, acute care
 3393  facility that provides, at a minimum, detoxification and
 3394  stabilization services and; is operated 24 hours per day, 7 days
 3395  per week; and is designated by the department to serve
 3396  individuals found to be substance use impaired as described in
 3397  s. 397.675 who meet the placement criteria for this component.
 3398         2. “Day or night treatment” is a service provided in a
 3399  nonresidential environment, with a structured schedule of
 3400  treatment and rehabilitative services.
 3401         3. “Day or night treatment with community housing” means a
 3402  program intended for individuals who can benefit from living
 3403  independently in peer community housing while participating in
 3404  treatment services for a minimum of 5 hours a day for a minimum
 3405  of 25 hours per week.
 3406         4. “Detoxification” is a service involving subacute care
 3407  that is provided on an inpatient or an outpatient basis to
 3408  assist individuals to withdraw from the physiological and
 3409  psychological effects of substance abuse and who meet the
 3410  placement criteria for this component.
 3411         5. “Intensive inpatient treatment” includes a planned
 3412  regimen of evaluation, observation, medical monitoring, and
 3413  clinical protocols delivered through an interdisciplinary team
 3414  approach provided 24-hours-per-day 24 hours per day, 7-days-per
 3415  week 7 days per week, in a highly structured, live-in
 3416  environment.
 3417         6. “Intensive outpatient treatment” is a service that
 3418  provides individual or group counseling in a more structured
 3419  environment, is of higher intensity and duration than outpatient
 3420  treatment, and is provided to individuals who meet the placement
 3421  criteria for this component.
 3422         7. “Medication-assisted treatment for opiate addiction” is
 3423  a service that uses methadone or other medication as authorized
 3424  by state and federal law, in combination with medical,
 3425  rehabilitative, and counseling services in the treatment of
 3426  individuals who are dependent on opioid drugs.
 3427         8. “Outpatient treatment” is a service that provides
 3428  individual, group, or family counseling by appointment during
 3429  scheduled operating hours for individuals who meet the placement
 3430  criteria for this component.
 3431         9. “Residential treatment” is a service provided in a
 3432  structured live-in environment within a nonhospital setting on a
 3433  24-hours-per-day, 7-days-per-week basis, and is intended for
 3434  individuals who meet the placement criteria for this component.
 3435         Section 40. Subsection (3) of section 397.431, Florida
 3436  Statutes, is amended to read:
 3437         397.431 Individual responsibility for cost of substance
 3438  abuse impairment services.—
 3439         (3) The parent, legal guardian, or legal custodian of a
 3440  minor is not liable for payment for any substance abuse services
 3441  provided to the minor without parental consent pursuant to s.
 3442  397.601(4), unless the parent, legal guardian, or legal
 3443  custodian participates or is ordered to participate in the
 3444  services, and only for the substance abuse services rendered. If
 3445  the minor is receiving services as a juvenile offender, the
 3446  obligation to pay is governed by the law relating to juvenile
 3447  offenders.
 3448         Section 41. Paragraph (b) of subsection (2) of section
 3449  397.702, Florida Statutes, is amended to read:
 3450         397.702 Authorization of local ordinances for treatment of
 3451  habitual abusers in licensed secure facilities.—
 3452         (2) Ordinances for the treatment of habitual abusers must
 3453  provide:
 3454         (b) That when seeking treatment of a habitual abuser, the
 3455  county or municipality, through an officer or agent specified in
 3456  the ordinance, must file with the court a petition which alleges
 3457  the following information about the alleged habitual abuser (the
 3458  respondent):
 3459         1. The name, address, age, and gender of the respondent.
 3460         2. The name of any spouse, adult child, other relative, or
 3461  guardian of the respondent, if known to the petitioner, and the
 3462  efforts, if any, by the petitioner, if any, to ascertain this
 3463  information.
 3464         3. The name of the petitioner, the name of the person who
 3465  has physical custody of the respondent, and the current location
 3466  of the respondent.
 3467         4. That the respondent has been taken into custody for
 3468  impairment in a public place, or has been arrested for an
 3469  offense committed while impaired, three or more times during the
 3470  preceding 12 months.
 3471         5. Specific facts indicating that the respondent meets the
 3472  criteria for involuntary admission in s. 397.675.
 3473         5.6. Whether the respondent was advised of his or her right
 3474  to be represented by counsel and to request that the court
 3475  appoint an attorney if he or she is unable to afford one, and
 3476  whether the respondent indicated to petitioner his or her desire
 3477  to have an attorney appointed.
 3478         Section 42. Paragraph (a) of subsection (1) of section
 3479  397.94, Florida Statutes, is amended to read:
 3480         397.94 Children’s substance abuse services; information and
 3481  referral network.—
 3482         (1) The substate entity shall determine the most cost
 3483  effective method for delivering this service and may select a
 3484  new provider or utilize an existing provider or providers with a
 3485  record of success in providing information and referral
 3486  services.
 3487         (a) The plan must provide assurances that the information
 3488  and referral network will include a resource directory that
 3489  contains information regarding the children’s substance abuse
 3490  services available, including, but not limited to:
 3491         1. Public and private resources by service component,
 3492  including resources for involuntary admissions under s. 397.675.
 3493         1.2. Hours of operation and hours during which services are
 3494  provided.
 3495         2.3. Ages of persons served.
 3496         3.4. Description of services.
 3497         4.5. Eligibility requirements.
 3498         5.6. Fee schedules.
 3499         Section 43. Section 402.3057, Florida Statutes, is amended
 3500  to read:
 3501         402.3057 Persons not required to be refingerprinted or
 3502  rescreened.—Any provision of law to the contrary
 3503  notwithstanding, human resource personnel who have been
 3504  fingerprinted or screened pursuant to chapters 393, 394, 397,
 3505  402, and 409, and teachers and noninstructional personnel who
 3506  have been fingerprinted pursuant to chapter 1012, who have not
 3507  been unemployed for more than 90 days thereafter, and who under
 3508  the penalty of perjury attest to the completion of such
 3509  fingerprinting or screening and to compliance with the
 3510  provisions of this section and the standards for good moral
 3511  character as contained in such provisions as ss. 110.1127(2)(c),
 3512  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
 3513  shall not be required to be refingerprinted or rescreened in
 3514  order to comply with any caretaker screening or fingerprinting
 3515  requirements.
 3516         Section 44. Section 409.1757, Florida Statutes, is amended
 3517  to read:
 3518         409.1757 Persons not required to be refingerprinted or
 3519  rescreened.—Any law to the contrary notwithstanding, human
 3520  resource personnel who have been fingerprinted or screened
 3521  pursuant to chapters 393, 394, 397, 402, and this chapter,
 3522  teachers who have been fingerprinted pursuant to chapter 1012,
 3523  and law enforcement officers who meet the requirements of s.
 3524  943.13, who have not been unemployed for more than 90 days
 3525  thereafter, and who under the penalty of perjury attest to the
 3526  completion of such fingerprinting or screening and to compliance
 3527  with this section and the standards for good moral character as
 3528  contained in such provisions as ss. 110.1127(2)(c), 393.0655(1),
 3529  394.457(6), 397.451, 402.305(2), 409.175(6), and 943.13(7), are
 3530  not required to be refingerprinted or rescreened in order to
 3531  comply with any caretaker screening or fingerprinting
 3532  requirements.
 3533         Section 45. Paragraph (b) of subsection (1) of section
 3534  409.972, Florida Statutes, is amended to read:
 3535         409.972 Mandatory and voluntary enrollment.—
 3536         (1) The following Medicaid-eligible persons are exempt from
 3537  mandatory managed care enrollment required by s. 409.965, and
 3538  may voluntarily choose to participate in the managed medical
 3539  assistance program:
 3540         (b) Medicaid recipients residing in residential commitment
 3541  facilities operated through the Department of Juvenile Justice
 3542  or mental health treatment facilities as defined by s.
 3543  394.455(47) s. 394.455(32).
 3544         Section 46. Section 456.0575, Florida Statutes, is amended
 3545  to read:
 3546         456.0575 Duty to notify patients.—Every licensed health
 3547  care practitioner shall inform each patient, or an individual
 3548  identified pursuant to s. 765.311(1) s. 765.401(1), in person
 3549  about adverse incidents that result in serious harm to the
 3550  patient. Notification of outcomes of care that result in harm to
 3551  the patient under this section shall not constitute an
 3552  acknowledgment of admission of liability, nor can such
 3553  notifications be introduced as evidence.
 3554         Section 47. Subsection (7) of section 744.704, Florida
 3555  Statutes, is amended to read:
 3556         744.704 Powers and duties.—
 3557         (7) A public guardian shall not commit a ward to a mental
 3558  health treatment facility, as defined in s. 394.455(47) s.
 3559  394.455(32), without an involuntary placement proceeding as
 3560  provided by law.
 3561         Section 48. Subsection (15) of section 765.101, Florida
 3562  Statutes, is amended to read:
 3563         765.101 Definitions.—As used in this chapter:
 3564         (15) “Proxy” means a competent adult who has not been
 3565  expressly designated to make health care decisions for a
 3566  particular incapacitated individual, but who, nevertheless, is
 3567  authorized pursuant to s. 765.311 s. 765.401 to make health care
 3568  decisions for such individual.
 3569         Section 49. Subsection (4) of section 765.104, Florida
 3570  Statutes, is amended to read:
 3571         765.104 Amendment or revocation.—
 3572         (4) Any patient for whom a medical proxy has been
 3573  recognized under s. 765.311 s. 765.401 and for whom any previous
 3574  legal disability that precluded the patient’s ability to consent
 3575  is removed may amend or revoke the recognition of the medical
 3576  proxy and any uncompleted decision made by that proxy. The
 3577  amendment or revocation takes effect when it is communicated to
 3578  the proxy, the health care provider, or the health care facility
 3579  in writing or, if communicated orally, in the presence of a
 3580  third person.
 3581         Section 50.  Paragraph (a) of subsection (2) of section
 3582  790.065, Florida Statutes, is amended to read:
 3583         790.065 Sale and delivery of firearms.—
 3584         (2) Upon receipt of a request for a criminal history record
 3585  check, the Department of Law Enforcement shall, during the
 3586  licensee’s call or by return call, forthwith:
 3587         (a) Review any records available to determine if the
 3588  potential buyer or transferee:
 3589         1. Has been convicted of a felony and is prohibited from
 3590  receipt or possession of a firearm pursuant to s. 790.23;
 3591         2. Has been convicted of a misdemeanor crime of domestic
 3592  violence, and therefore is prohibited from purchasing a firearm;
 3593         3. Has had adjudication of guilt withheld or imposition of
 3594  sentence suspended on any felony or misdemeanor crime of
 3595  domestic violence unless 3 years have elapsed since probation or
 3596  any other conditions set by the court have been fulfilled or
 3597  expunction has occurred; or
 3598         4. Has been adjudicated mentally defective or has been
 3599  committed to a mental institution by a court or as provided in
 3600  sub-sub-subparagraph b.(II), and as a result is prohibited by
 3601  state or federal law from purchasing a firearm.
 3602         a. As used in this subparagraph, “adjudicated mentally
 3603  defective” means a determination by a court that a person, as a
 3604  result of marked subnormal intelligence, or mental illness,
 3605  incompetency, condition, or disease, is a danger to himself or
 3606  herself or to others or lacks the mental capacity to contract or
 3607  manage his or her own affairs. The phrase includes a judicial
 3608  finding of incapacity under s. 744.331(6)(a), an acquittal by
 3609  reason of insanity of a person charged with a criminal offense,
 3610  and a judicial finding that a criminal defendant is not
 3611  competent to stand trial.
 3612         b. As used in this subparagraph, “committed to a mental
 3613  institution” means:
 3614         (I) Involuntary commitment, commitment for mental
 3615  defectiveness or mental illness, and commitment for substance
 3616  abuse. The phrase includes involuntary inpatient placement as
 3617  defined in s. 394.467, or involuntary outpatient placement as
 3618  defined in s. 394.4655, involuntary assessment and stabilization
 3619  under s. 397.6818, and involuntary substance abuse treatment
 3620  under s. 397.6957, but does not include a person in a mental
 3621  institution for observation or discharged from a mental
 3622  institution based upon the initial review by the physician or a
 3623  voluntary admission to a mental institution; or
 3624         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 3625  admission to a mental institution for outpatient or inpatient
 3626  treatment of a person who had an involuntary examination under
 3627  s. 394.463, where each of the following conditions have been
 3628  met:
 3629         (A) An examining physician found that the person is an
 3630  imminent danger to himself or herself or others.
 3631         (B) The examining physician certified that if the person
 3632  did not agree to voluntary treatment, a petition for involuntary
 3633  outpatient or inpatient treatment would have been filed under s.
 3634  394.463(2)(g) s. 394.463(2)(i)4., or the examining physician
 3635  certified that a petition was filed and the person subsequently
 3636  agreed to voluntary treatment prior to a court hearing on the
 3637  petition.
 3638         (C) Before agreeing to voluntary treatment, the person
 3639  received written notice of that finding and certification, and
 3640  written notice that as a result of such finding, he or she may
 3641  be prohibited from purchasing a firearm, and may not be eligible
 3642  to apply for or retain a concealed weapon or firearms license
 3643  under s. 790.06 and the person acknowledged such notice in
 3644  writing, in substantially the following form:
 3645  
 3646         “I understand that the doctor who examined me believes I am
 3647  a danger to myself or to others. I understand that if I do not
 3648  agree to voluntary treatment, a petition will be filed in court
 3649  to require me to receive involuntary treatment. I understand
 3650  that if that petition is filed, I have the right to contest it.
 3651  In the event a petition has been filed, I understand that I can
 3652  subsequently agree to voluntary treatment prior to a court
 3653  hearing. I understand that by agreeing to voluntary treatment in
 3654  either of these situations, I may be prohibited from buying
 3655  firearms and from applying for or retaining a concealed weapons
 3656  or firearms license until I apply for and receive relief from
 3657  that restriction under Florida law.”
 3658  
 3659         (D) A judge or a magistrate has, pursuant to sub-sub
 3660  subparagraph c.(II), reviewed the record of the finding,
 3661  certification, notice, and written acknowledgment classifying
 3662  the person as an imminent danger to himself or herself or
 3663  others, and ordered that such record be submitted to the
 3664  department.
 3665         c. In order to check for these conditions, the department
 3666  shall compile and maintain an automated database of persons who
 3667  are prohibited from purchasing a firearm based on court records
 3668  of adjudications of mental defectiveness or commitments to
 3669  mental institutions.
 3670         (I) Except as provided in sub-sub-subparagraph (II), clerks
 3671  of court shall submit these records to the department within 1
 3672  month after the rendition of the adjudication or commitment.
 3673  Reports shall be submitted in an automated format. The reports
 3674  must, at a minimum, include the name, along with any known alias
 3675  or former name, the sex, and the date of birth of the subject.
 3676         (II) For persons committed to a mental institution pursuant
 3677  to sub-sub-subparagraph b.(II), within 24 hours after the
 3678  person’s agreement to voluntary admission, a record of the
 3679  finding, certification, notice, and written acknowledgment must
 3680  be filed by the administrator of the receiving or treatment
 3681  facility, as defined in s. 394.455, with the clerk of the court
 3682  for the county in which the involuntary examination under s.
 3683  394.463 occurred. No fee shall be charged for the filing under
 3684  this sub-sub-subparagraph. The clerk must present the records to
 3685  a judge or magistrate within 24 hours after receipt of the
 3686  records. A judge or magistrate is required and has the lawful
 3687  authority to review the records ex parte and, if the judge or
 3688  magistrate determines that the record supports the classifying
 3689  of the person as an imminent danger to himself or herself or
 3690  others, to order that the record be submitted to the department.
 3691  If a judge or magistrate orders the submittal of the record to
 3692  the department, the record must be submitted to the department
 3693  within 24 hours.
 3694         d. A person who has been adjudicated mentally defective or
 3695  committed to a mental institution, as those terms are defined in
 3696  this paragraph, may petition the circuit court that made the
 3697  adjudication or commitment, or the court that ordered that the
 3698  record be submitted to the department pursuant to sub-sub
 3699  subparagraph c.(II), for relief from the firearm disabilities
 3700  imposed by such adjudication or commitment. A copy of the
 3701  petition shall be served on the state attorney for the county in
 3702  which the person was adjudicated or committed. The state
 3703  attorney may object to and present evidence relevant to the
 3704  relief sought by the petition. The hearing on the petition may
 3705  be open or closed as the petitioner may choose. The petitioner
 3706  may present evidence and subpoena witnesses to appear at the
 3707  hearing on the petition. The petitioner may confront and cross
 3708  examine witnesses called by the state attorney. A record of the
 3709  hearing shall be made by a certified court reporter or by court
 3710  approved electronic means. The court shall make written findings
 3711  of fact and conclusions of law on the issues before it and issue
 3712  a final order. The court shall grant the relief requested in the
 3713  petition if the court finds, based on the evidence presented
 3714  with respect to the petitioner’s reputation, the petitioner’s
 3715  mental health record and, if applicable, criminal history
 3716  record, the circumstances surrounding the firearm disability,
 3717  and any other evidence in the record, that the petitioner will
 3718  not be likely to act in a manner that is dangerous to public
 3719  safety and that granting the relief would not be contrary to the
 3720  public interest. If the final order denies relief, the
 3721  petitioner may not petition again for relief from firearm
 3722  disabilities until 1 year after the date of the final order. The
 3723  petitioner may seek judicial review of a final order denying
 3724  relief in the district court of appeal having jurisdiction over
 3725  the court that issued the order. The review shall be conducted
 3726  de novo. Relief from a firearm disability granted under this
 3727  sub-subparagraph has no effect on the loss of civil rights,
 3728  including firearm rights, for any reason other than the
 3729  particular adjudication of mental defectiveness or commitment to
 3730  a mental institution from which relief is granted.
 3731         e. Upon receipt of proper notice of relief from firearm
 3732  disabilities granted under sub-subparagraph d., the department
 3733  shall delete any mental health record of the person granted
 3734  relief from the automated database of persons who are prohibited
 3735  from purchasing a firearm based on court records of
 3736  adjudications of mental defectiveness or commitments to mental
 3737  institutions.
 3738         f. The department is authorized to disclose data collected
 3739  pursuant to this subparagraph to agencies of the Federal
 3740  Government and other states for use exclusively in determining
 3741  the lawfulness of a firearm sale or transfer. The department is
 3742  also authorized to disclose this data to the Department of
 3743  Agriculture and Consumer Services for purposes of determining
 3744  eligibility for issuance of a concealed weapons or concealed
 3745  firearms license and for determining whether a basis exists for
 3746  revoking or suspending a previously issued license pursuant to
 3747  s. 790.06(10). When a potential buyer or transferee appeals a
 3748  nonapproval based on these records, the clerks of court and
 3749  mental institutions shall, upon request by the department,
 3750  provide information to help determine whether the potential
 3751  buyer or transferee is the same person as the subject of the
 3752  record. Photographs and any other data that could confirm or
 3753  negate identity must be made available to the department for
 3754  such purposes, notwithstanding any other provision of state law
 3755  to the contrary. Any such information that is made confidential
 3756  or exempt from disclosure by law shall retain such confidential
 3757  or exempt status when transferred to the department.
 3758         Section 51. Part IV of chapter 397, Florida Statutes,
 3759  consisting of s. 397.601, Florida Statutes, is repealed.
 3760         Section 52. Part V of chapter 397, Florida Statutes,
 3761  consisting of ss. 397.675-397.6977, Florida Statutes, is
 3762  repealed.
 3763         Section 53. This act shall take effect July 1, 2015.