HOUSE AMENDMENT

    552-130X-08                                    Bill No. HB 547

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Rodriguez-Chomat offered the following:

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13         Amendment (with title amendment) 

14         On page 1........., line(s) 17........, through page 2,

15  line 25,

16  remove from the bill:  all of said lines

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18  and insert in lieu thereof:

19         Section 2.  Present paragraph (f) of subsection (2) of

20  section 394.463, Florida Statutes, 1996 Supplement, is

21  amended, present paragraphs (b) through (i) are redesignated

22  as paragraphs (c) through (j), respectively, a new paragraph

23  (b) is added to said subsection, and subsection (4) is added

24  to said section, to read:

25         394.463  Involuntary examination.--

26         (2)  INVOLUNTARY EXAMINATION.--

27         (b)  The court, at its discretion, may order a hearing

28  on a request for an ex parte order for involuntary examination

29  of a mentally ill person before entering such order, or at any

30  time thereafter while the person is being held for examination

31  at a receiving facility or its contractor. If, at the hearing,

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    File original & 9 copies    03/04/97
    hbd0021                     10:30 am         00547-0114-503313




                                                   HOUSE AMENDMENT

    552-130X-08                                    Bill No. HB 547

    Amendment No.     (for drafter's use only)





  1  the court finds that the person does not appear to meet the

  2  criteria for involuntary examination as provided in this

  3  section, the court shall rescind the ex parte order, if any

  4  has been entered, and notify the receiving facility or its

  5  contractor to release the person being held. The court may

  6  further find that sworn testimony leading to an ex parte order

  7  was perjured, and may impose the penalty for perjury

  8  prescribed by law. The court may impose an administrative

  9  fine, not to exceed $10,000, upon any person who the court

10  finds has knowingly requested an ex parte order for the

11  involuntary examination of a person who does not meet the

12  criteria for involuntary examination provided in this section.

13  This fine shall be in addition to any other penalty provided

14  by this section or by law.

15         (g)(f)  A patient shall be examined by a physician or

16  clinical psychologist at a receiving facility without

17  unnecessary delay and may, upon the order of a physician, be

18  given emergency treatment if it is determined that such

19  treatment is necessary for the safety of the patient or

20  others.  The patient shall not be released by the receiving

21  facility or its contractor without the documented approval of

22  a psychiatrist or clinical psychologist, except pursuant to

23  notice of rescission of an ex parte order as provided in

24  paragraph (b).  However, a patient may not be held in a

25  receiving facility for involuntary examination longer than 72

26  hours.

27         (4)  UNLAWFUL ACTIVITIES RELATING TO OBTAINING ORDER

28  FOR INVOLUNTARY EXAMINATION OR TREATMENT; PENALTIES.--

29         (a)  A person who knowingly furnishes false information

30  for the purpose of obtaining emergency or other involuntary

31  examination or treatment for any person commits a misdemeanor

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    File original & 9 copies    03/04/97
    hbd0021                     10:30 am         00547-0114-503313




                                                   HOUSE AMENDMENT

    552-130X-08                                    Bill No. HB 547

    Amendment No.     (for drafter's use only)





  1  of the first degree, punishable as provided in s. 775.082 and

  2  by a fine not to exceed $5,000.

  3         (b)  A person who causes or otherwise secures, or

  4  conspires with or assists another to cause or secure, without

  5  reason for believing a person to be mentally ill, any

  6  emergency or other involuntary procedure for the person

  7  commits a misdemeanor of the first degree, punishable as

  8  provided in s. 775.082 and by a fine not to exceed $5,000.

  9         (c)  A person who causes, or conspires with or assists

10  another to cause, the denial to any person of any right

11  accorded pursuant to this chapter commits a misdemeanor of the

12  first degree, punishable as provided in s. 775.082 and by a

13  fine not to exceed $5,000.

14         Section 3.  This act shall take effect October 1, 1997.

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17  ================ T I T L E   A M E N D M E N T ===============

18  And the title is amended as follows:

19         On page 1........., line(s) 10........, after

20  "providing"

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22  insert:

23         civil and criminal

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    File original & 9 copies    03/04/97
    hbd0021                     10:30 am         00547-0114-503313