Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS/SB 7068, 1st Eng.
       
       
       
       
       
       
                                Ì902964>Î902964                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/3R         .                                
             04/24/2015 01:04 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Division of Law Revision and Information is
    6  directed to rename part IV of chapter 765, Florida Statutes, as
    7  “Mental Health and Substance Abuse Advance Directives.”
    8         Section 2. Paragraph (e) is added to subsection (10) of
    9  section 29.004, Florida Statutes, to read:
   10         29.004 State courts system.—For purposes of implementing s.
   11  14, Art. V of the State Constitution, the elements of the state
   12  courts system to be provided from state revenues appropriated by
   13  general law are as follows:
   14         (10) Case management. Case management includes:
   15         (e) Service referral, coordination, monitoring, and
   16  tracking for treatment-based mental health court programs under
   17  s. 394.47892.
   18  
   19  Case management may not include costs associated with the
   20  application of therapeutic jurisprudence principles by the
   21  courts. Case management also may not include case intake and
   22  records management conducted by the clerk of court.
   23         Section 3. Subsection (6) of section 39.001, Florida
   24  Statutes, is amended to read:
   25         39.001 Purposes and intent; personnel standards and
   26  screening.—
   27         (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
   28         (a) The Legislature recognizes that early referral and
   29  comprehensive treatment can help combat mental illnesses and
   30  substance abuse disorders in families and that treatment is
   31  cost-effective.
   32         (b) The Legislature establishes the following goals for the
   33  state related to mental illness and substance abuse treatment
   34  services in the dependency process:
   35         1. To ensure the safety of children.
   36         2. To prevent and remediate the consequences of mental
   37  illnesses and substance abuse disorders on families involved in
   38  protective supervision or foster care and reduce the occurrences
   39  of mental illnesses and substance abuse disorders, including
   40  alcohol abuse or related disorders, for families who are at risk
   41  of being involved in protective supervision or foster care.
   42         3. To expedite permanency for children and reunify healthy,
   43  intact families, when appropriate.
   44         4. To support families in recovery.
   45         (c) The Legislature finds that children in the care of the
   46  state’s dependency system need appropriate health care services,
   47  that the impact of mental illnesses and substance abuse
   48  disorders on health indicates the need for health care services
   49  to include treatment for mental health and substance abuse
   50  disorders for services to children and parents where
   51  appropriate, and that it is in the state’s best interest that
   52  such children be provided the services they need to enable them
   53  to become and remain independent of state care. In order to
   54  provide these services, the state’s dependency system must have
   55  the ability to identify and provide appropriate intervention and
   56  treatment for children with personal or family-related mental
   57  illness and substance abuse problems.
   58         (d) It is the intent of the Legislature to encourage the
   59  use of the treatment-based mental health court program model
   60  established under s. 394.47892 and the drug court program model
   61  established under by s. 397.334 and authorize courts to assess
   62  children and persons who have custody or are requesting custody
   63  of children where good cause is shown to identify and address
   64  mental illnesses and substance abuse disorders problems as the
   65  court deems appropriate at every stage of the dependency
   66  process. Participation in treatment, including a treatment-based
   67  mental health court program or a treatment-based drug court
   68  program, may be required by the court following adjudication.
   69  Participation in assessment and treatment before prior to
   70  adjudication is shall be voluntary, except as provided in s.
   71  39.407(16).
   72         (e) It is therefore the purpose of the Legislature to
   73  provide authority for the state to contract with mental health
   74  service providers and community substance abuse treatment
   75  providers for the development and operation of specialized
   76  support and overlay services for the dependency system, which
   77  will be fully implemented and used as resources permit.
   78         (f) Participation in a treatment-based mental health court
   79  program or a the treatment-based drug court program does not
   80  divest any public or private agency of its responsibility for a
   81  child or adult, but is intended to enable these agencies to
   82  better meet their needs through shared responsibility and
   83  resources.
   84         Section 4. Subsection (10) of section 39.507, Florida
   85  Statutes, is amended to read:
   86         39.507 Adjudicatory hearings; orders of adjudication.—
   87         (10) After an adjudication of dependency, or a finding of
   88  dependency where adjudication is withheld, the court may order a
   89  person who has custody or is requesting custody of the child to
   90  submit to a mental health or substance abuse disorder assessment
   91  or evaluation. The assessment or evaluation must be administered
   92  by a qualified professional, as defined in s. 397.311. The court
   93  may also require such person to participate in and comply with
   94  treatment and services identified as necessary, including, when
   95  appropriate and available, participation in and compliance with
   96  a treatment-based mental health court program established under
   97  s. 394.47892 or a treatment-based drug court program established
   98  under s. 397.334. In addition to supervision by the department,
   99  the court, including the treatment-based mental health court
  100  program or treatment-based drug court program, may oversee the
  101  progress and compliance with treatment by a person who has
  102  custody or is requesting custody of the child. The court may
  103  impose appropriate available sanctions for noncompliance upon a
  104  person who has custody or is requesting custody of the child or
  105  make a finding of noncompliance for consideration in determining
  106  whether an alternative placement of the child is in the child’s
  107  best interests. Any order entered under this subsection may be
  108  made only upon good cause shown. This subsection does not
  109  authorize placement of a child with a person seeking custody,
  110  other than the parent or legal custodian, who requires mental
  111  health or substance abuse disorder treatment.
  112         Section 5. Paragraph (b) of subsection (1) of section
  113  39.521, Florida Statutes, is amended to read:
  114         39.521 Disposition hearings; powers of disposition.—
  115         (1) A disposition hearing shall be conducted by the court,
  116  if the court finds that the facts alleged in the petition for
  117  dependency were proven in the adjudicatory hearing, or if the
  118  parents or legal custodians have consented to the finding of
  119  dependency or admitted the allegations in the petition, have
  120  failed to appear for the arraignment hearing after proper
  121  notice, or have not been located despite a diligent search
  122  having been conducted.
  123         (b) When any child is adjudicated by a court to be
  124  dependent, the court having jurisdiction of the child has the
  125  power by order to:
  126         1. Require the parent and, when appropriate, the legal
  127  custodian and the child to participate in treatment and services
  128  identified as necessary. The court may require the person who
  129  has custody or who is requesting custody of the child to submit
  130  to a mental health or substance abuse disorder assessment or
  131  evaluation. The assessment or evaluation must be administered by
  132  a qualified professional, as defined in s. 397.311. The court
  133  may also require such person to participate in and comply with
  134  treatment and services identified as necessary, including, when
  135  appropriate and available, participation in and compliance with
  136  a treatment-based mental health court program established under
  137  s. 394.47892 or treatment-based drug court program established
  138  under s. 397.334. In addition to supervision by the department,
  139  the court, including the treatment-based mental health court
  140  program or treatment-based drug court program, may oversee the
  141  progress and compliance with treatment by a person who has
  142  custody or is requesting custody of the child. The court may
  143  impose appropriate available sanctions for noncompliance upon a
  144  person who has custody or is requesting custody of the child or
  145  make a finding of noncompliance for consideration in determining
  146  whether an alternative placement of the child is in the child’s
  147  best interests. Any order entered under this subparagraph may be
  148  made only upon good cause shown. This subparagraph does not
  149  authorize placement of a child with a person seeking custody of
  150  the child, other than the child’s parent or legal custodian, who
  151  requires mental health or substance abuse disorder treatment.
  152         2. Require, if the court deems necessary, the parties to
  153  participate in dependency mediation.
  154         3. Require placement of the child either under the
  155  protective supervision of an authorized agent of the department
  156  in the home of one or both of the child’s parents or in the home
  157  of a relative of the child or another adult approved by the
  158  court, or in the custody of the department. Protective
  159  supervision continues until the court terminates it or until the
  160  child reaches the age of 18, whichever date is first. Protective
  161  supervision shall be terminated by the court whenever the court
  162  determines that permanency has been achieved for the child,
  163  whether with a parent, another relative, or a legal custodian,
  164  and that protective supervision is no longer needed. The
  165  termination of supervision may be with or without retaining
  166  jurisdiction, at the court’s discretion, and shall in either
  167  case be considered a permanency option for the child. The order
  168  terminating supervision by the department shall set forth the
  169  powers of the custodian of the child and shall include the
  170  powers ordinarily granted to a guardian of the person of a minor
  171  unless otherwise specified. Upon the court’s termination of
  172  supervision by the department, no further judicial reviews are
  173  required, so long as permanency has been established for the
  174  child.
  175         Section 6. Subsection (2) and paragraph (a) of subsection
  176  (4) of section 381.0056, Florida Statutes, are amended to read:
  177         381.0056 School health services program.—
  178         (2) As used in this section, the term:
  179         (a) “Emergency health needs” means onsite evaluation,
  180  management, and aid for illness or injury pending the student’s
  181  return to the classroom or release to a parent, guardian,
  182  designated friend, law enforcement officer, or designated health
  183  care provider.
  184         (b) “Entity” or “health care entity” means a unit of local
  185  government or a political subdivision of the state; a hospital
  186  licensed under chapter 395; a health maintenance organization
  187  certified under chapter 641; a health insurer authorized under
  188  the Florida Insurance Code; a community health center; a migrant
  189  health center; a federally qualified health center; an
  190  organization that meets the requirements for nonprofit status
  191  under s. 501(c)(3) of the Internal Revenue Code; a private
  192  industry or business; or a philanthropic foundation that agrees
  193  to participate in a public-private partnership with a county
  194  health department, local school district, or school in the
  195  delivery of school health services, and agrees to the terms and
  196  conditions for the delivery of such services as required by this
  197  section and as documented in the local school health services
  198  plan.
  199         (c) “Invasive screening” means any screening procedure in
  200  which the skin or any body orifice is penetrated.
  201         (d) “Physical examination” means a thorough evaluation of
  202  the health status of an individual.
  203         (e) “School health services plan” means the document that
  204  describes the services to be provided, the responsibility for
  205  provision of the services, the anticipated expenditures to
  206  provide the services, and evidence of cooperative planning by
  207  local school districts and county health departments.
  208         (f) “Screening” means presumptive identification of unknown
  209  or unrecognized diseases or defects by the application of tests
  210  that can be given with ease and rapidity to apparently healthy
  211  persons.
  212         (4)(a) Each county health department shall develop, jointly
  213  with the district school board and the local school health
  214  advisory committee, a school health services plan.; and The plan
  215  must include, at a minimum, provisions for all of the following:
  216         1. Health appraisal;
  217         2. Records review;
  218         3. Nurse assessment;
  219         4. Nutrition assessment;
  220         5. A preventive dental program;
  221         6. Vision screening;
  222         7. Hearing screening;
  223         8. Scoliosis screening;
  224         9. Growth and development screening;
  225         10. Health counseling;
  226         11. Referral and followup of suspected or confirmed health
  227  problems by the local county health department;
  228         12. Meeting emergency health needs in each school;
  229         13. County health department personnel to assist school
  230  personnel in health education curriculum development;
  231         14. Referral of students to appropriate health treatment,
  232  in cooperation with the private health community whenever
  233  possible;
  234         15. Consultation with a student’s parent or guardian
  235  regarding the need for health attention by the family physician,
  236  dentist, or other specialist when definitive diagnosis or
  237  treatment is indicated;
  238         16. Maintenance of records on incidents of health problems,
  239  corrective measures taken, and such other information as may be
  240  needed to plan and evaluate health programs; except, however,
  241  that provisions in the plan for maintenance of health records of
  242  individual students must be in accordance with s. 1002.22;
  243         17. Health information which will be provided by the school
  244  health nurses, when necessary, regarding the placement of
  245  students in exceptional student programs and the reevaluation at
  246  periodic intervals of students placed in such programs; and
  247         18. Notification to the local nonpublic schools of the
  248  school health services program and the opportunity for
  249  representatives of the local nonpublic schools to participate in
  250  the development of the cooperative health services plan; and.
  251         19. Immediate notification to a student’s parent, guardian,
  252  or caregiver if the student is removed from school, school
  253  transportation, or a school-sponsored activity and taken to a
  254  receiving facility for an involuntary examination pursuant to s.
  255  394.463, including any requirements established under ss.
  256  1002.20(3) and 1002.33(9), as applicable.
  257         Section 7. Section 394.453, Florida Statutes, is amended to
  258  read:
  259         394.453 Legislative intent.—It is the intent of the
  260  Legislature to authorize and direct the Department of Children
  261  and Families to evaluate, research, plan, and recommend to the
  262  Governor and the Legislature programs designed to reduce the
  263  occurrence, severity, duration, and disabling aspects of mental,
  264  emotional, and behavioral disorders and substance abuse
  265  impairment. It is the intent of the Legislature that treatment
  266  programs for such disorders shall include, but not be limited
  267  to, comprehensive health, social, educational, and
  268  rehabilitative services for individuals to persons requiring
  269  intensive short-term and continued treatment in order to
  270  encourage them to assume responsibility for their treatment and
  271  recovery. It is intended that such individuals persons be
  272  provided with emergency service and temporary detention for
  273  evaluation if when required; that they be admitted to treatment
  274  facilities if on a voluntary basis when extended or continuing
  275  care is needed and unavailable in the community; that
  276  involuntary placement be provided only if when expert evaluation
  277  determines that it is necessary; that any involuntary treatment
  278  or examination be accomplished in a setting that which is
  279  clinically appropriate and most likely to facilitate the
  280  individual’s person’s return to the community as soon as
  281  possible; and that individual dignity and human rights be
  282  guaranteed to all individuals persons who are admitted to mental
  283  health and substance abuse treatment facilities or who are being
  284  held under s. 394.463. It is the further intent of the
  285  Legislature that the least restrictive means of intervention be
  286  employed based on the individual’s individual needs of each
  287  person, within the scope of available services. It is the policy
  288  of this state that the use of restraint and seclusion on clients
  289  is justified only as an emergency safety measure to be used in
  290  response to imminent danger to the individual client or others.
  291  It is, therefore, the intent of the Legislature to achieve an
  292  ongoing reduction in the use of restraint and seclusion in
  293  programs and facilities serving individuals persons with mental
  294  illness or with a substance abuse impairment.
  295         Section 8. Effective July 1, 2016, section 394.455, Florida
  296  Statutes, is reordered and amended to read:
  297         394.455 Definitions.—As used in this part, unless the
  298  context clearly requires otherwise, the term:
  299         (1) “Addictions receiving facility” means a secure, acute
  300  care facility that, at a minimum, provides detoxification and
  301  stabilization services; is operated 24 hours per day, 7 days a
  302  week; and is designated by the department to serve individuals
  303  found to have substance abuse impairment as defined in
  304  subsection (44) who qualify for services under this section.
  305         (2)(1) “Administrator” means the chief administrative
  306  officer of a receiving or treatment facility or his or her
  307  designee.
  308         (3) “Adult” means an individual who is 18 years of age or
  309  older, or who has had the disability of nonage removed pursuant
  310  to s. 743.01 or s. 743.015.
  311         (4) “Advanced registered nurse practitioner” means any
  312  person licensed in this state to practice professional nursing
  313  who is certified in advanced or specialized nursing practice
  314  under s. 464.012.
  315         (36)(2) “Clinical Psychologist” means a psychologist as
  316  defined in s. 490.003(7) with 3 years of postdoctoral experience
  317  in the practice of clinical psychology, inclusive of the
  318  experience required for licensure, or a psychologist employed by
  319  a facility operated by the United States Department of Veterans
  320  Affairs that qualifies as a receiving or treatment facility
  321  under this part.
  322         (5)(3) “Clinical record” means all parts of the record
  323  required to be maintained and includes all medical records,
  324  progress notes, charts, and admission and discharge data, and
  325  all other information recorded by a facility staff which
  326  pertains to an individual’s the patient’s hospitalization or
  327  treatment.
  328         (6)(4) “Clinical social worker” means a person licensed as
  329  a clinical social worker under s. 491.005 or s. 491.006 or a
  330  person employed as a clinical social worker by a facility
  331  operated by the United States Department of Veterans Affairs or
  332  the United States Department of Defense under chapter 491.
  333         (7)(5) “Community facility” means a any community service
  334  provider contracting with the department to furnish substance
  335  abuse or mental health services under part IV of this chapter.
  336         (8)(6) “Community mental health center or clinic” means a
  337  publicly funded, not-for-profit center that which contracts with
  338  the department for the provision of inpatient, outpatient, day
  339  treatment, or emergency services.
  340         (9)(7) “Court,” unless otherwise specified, means the
  341  circuit court.
  342         (10)(8) “Department” means the Department of Children and
  343  Families.
  344         (11) “Detoxification facility” means a facility licensed to
  345  provide detoxification services under chapter 397.
  346         (12) “Electronic means” means a form of telecommunication
  347  that requires all parties to maintain visual as well as audio
  348  communication.
  349         (13)(9) “Express and informed consent” means consent
  350  voluntarily given in writing, by a competent individual person,
  351  after sufficient explanation and disclosure of the subject
  352  matter involved to enable the individual person to make a
  353  knowing and willful decision without any element of force,
  354  fraud, deceit, duress, or other form of constraint or coercion.
  355         (14)(10) “Facility” means any hospital, community facility,
  356  public or private facility, or receiving or treatment facility
  357  providing for the evaluation, diagnosis, care, treatment,
  358  training, or hospitalization of individuals persons who appear
  359  to have a mental illness or who have been diagnosed as having a
  360  mental illness or substance abuse impairment. The term
  361  “Facility” does not include a any program or entity licensed
  362  under pursuant to chapter 400 or chapter 429.
  363         (15) “Governmental facility” means a facility owned,
  364  operated, or administered by the Department of Corrections or
  365  the United States Department of Veterans Affairs.
  366         (16)(11) “Guardian” means the natural guardian of a minor,
  367  or a person appointed by a court to act on behalf of a ward’s
  368  person if the ward is a minor or has been adjudicated
  369  incapacitated.
  370         (17)(12) “Guardian advocate” means a person appointed by a
  371  court to make decisions regarding mental health or substance
  372  abuse treatment on behalf of an individual a patient who has
  373  been found incompetent to consent to treatment pursuant to this
  374  part. The guardian advocate may be granted specific additional
  375  powers by written order of the court, as provided in this part.
  376         (18)(13) “Hospital” means a hospital facility as defined in
  377  s. 395.002 and licensed under chapter 395 and part II of chapter
  378  408.
  379         (19)(14) “Incapacitated” means that an individual a person
  380  has been adjudicated incapacitated pursuant to part V of chapter
  381  744 and a guardian of the person has been appointed.
  382         (20)(15) “Incompetent to consent to treatment” means that
  383  an individual’s a person’s judgment is so affected by a his or
  384  her mental illness, a substance abuse impairment, or other
  385  medical or organic cause that he or she the person lacks the
  386  capacity to make a well-reasoned, willful, and knowing decision
  387  concerning his or her medical, or mental health, or substance
  388  abuse treatment.
  389         (21) “Involuntary examination” means an examination
  390  performed under s. 394.463 to determine whether an individual
  391  qualifies for involuntary outpatient placement under s. 394.4655
  392  or involuntary inpatient placement under s. 394.467.
  393         (22) “Involuntary placement” means involuntary outpatient
  394  placement under s. 394.4655 or involuntary inpatient placement
  395  in a receiving or treatment facility under s. 394.467.
  396         (23)(16) “Law enforcement officer” means a law enforcement
  397  officer as defined in s. 943.10.
  398         (24) “Marriage and family therapist” means a person
  399  licensed to practice marriage and family therapy under s.
  400  491.005 or s. 491.006 or a person employed as a marriage and
  401  family therapist by a facility operated by the United States
  402  Department of Veterans Affairs or the United States Department
  403  of Defense.
  404         (25) “Mental health counselor” means a person licensed to
  405  practice mental health counseling under s. 491.005 or s. 491.006
  406  or a person employed as a mental health counselor by a facility
  407  operated by the United States Department of Veterans Affairs or
  408  the United States Department of Defense.
  409         (26)(17) “Mental health overlay program” means a mobile
  410  service that which provides an independent examination for
  411  voluntary admission admissions and a range of supplemental
  412  onsite services to an individual who has persons with a mental
  413  illness in a residential setting such as a nursing home,
  414  assisted living facility, adult family-care home, or
  415  nonresidential setting such as an adult day care center.
  416  Independent examinations provided pursuant to this part through
  417  a mental health overlay program must only be provided only under
  418  contract with the department for this service or must be
  419  attached to a public receiving facility that is also a community
  420  mental health center.
  421         (28)(18) “Mental illness” means an impairment of the mental
  422  or emotional processes that exercise conscious control of one’s
  423  actions or of the ability to perceive or understand reality,
  424  which impairment substantially interferes with the individual’s
  425  person’s ability to meet the ordinary demands of living. For the
  426  purposes of this part, the term does not include a developmental
  427  disability as defined in chapter 393, intoxication, or
  428  conditions manifested only by antisocial behavior or substance
  429  abuse impairment.
  430         (29) “Minor” means an individual who is 17 years of age or
  431  younger and who has not had the disabilities of nonage removed
  432  pursuant to s. 743.01 or s. 743.015.
  433         (30)(19) “Mobile crisis response service” means a
  434  nonresidential crisis service attached to a public receiving
  435  facility and available 24 hours a day, 7 days a week, through
  436  which provides immediate intensive assessments and
  437  interventions, including screening for admission into a mental
  438  health receiving facility, an addictions receiving facility, or
  439  a detoxification facility, take place for the purpose of
  440  identifying appropriate treatment services.
  441         (20) “Patient” means any person who is held or accepted for
  442  mental health treatment.
  443         (31)(21) “Physician” means a medical practitioner licensed
  444  under chapter 458 or chapter 459 who has experience in the
  445  diagnosis and treatment of mental and nervous disorders or a
  446  physician employed by a facility operated by the United States
  447  Department of Veterans Affairs or the United States Department
  448  of Defense which qualifies as a receiving or treatment facility
  449  under this part.
  450         (32) “Physician assistant” means a person licensed under
  451  chapter 458 or chapter 459 who has experience in the diagnosis
  452  and treatment of mental disorders or a person employed as a
  453  physician assistant by a facility operated by the United States
  454  Department of Veterans Affairs or the United States Department
  455  of Defense.
  456         (33)(22) “Private facility” means any hospital or facility
  457  operated by a for-profit or not-for-profit corporation or
  458  association that provides mental health or substance abuse
  459  services and is not a public facility.
  460         (34)(23) “Psychiatric nurse” means an advanced a registered
  461  nurse practitioner certified under s. 464.012 licensed under
  462  part I of chapter 464 who has a master’s or doctoral degree or a
  463  doctorate in psychiatric nursing, holds a national advanced
  464  practice certification as a psychiatric-mental health advanced
  465  practice nurse, and has 2 years of post-master’s clinical
  466  experience under the supervision of a physician; or a person
  467  employed as a psychiatric nurse by a facility operated by the
  468  United States Department of Veterans Affairs or the United
  469  States Department of Defense.
  470         (35)(24) “Psychiatrist” means a medical practitioner
  471  licensed under chapter 458 or chapter 459 who has primarily
  472  diagnosed and treated mental and nervous disorders for at least
  473  a period of not less than 3 years, inclusive of psychiatric
  474  residency, or a person employed as a psychiatrist by a facility
  475  operated by the United States Department of Veterans Affairs or
  476  the United States Department of Defense.
  477         (37)(25) “Public facility” means any facility that has
  478  contracted with the department to provide mental health or
  479  substance abuse services to all individuals persons, regardless
  480  of their ability to pay, and is receiving state funds for such
  481  purpose.
  482         (27)(26) “Mental health receiving facility” means any
  483  public or private facility designated by the department to
  484  receive and hold individuals in involuntary status involuntary
  485  patients under emergency conditions or for psychiatric
  486  evaluation and to provide short-term treatment. The term does
  487  not include a county jail.
  488         (38)(27) “Representative” means a person selected pursuant
  489  to s. 394.4597(2) to receive notice of proceedings during the
  490  time a patient is held in or admitted to a receiving or
  491  treatment facility.
  492         (39)(28)(a) “Restraint” means a physical device, method, or
  493  drug used to control behavior.
  494         (a) A physical restraint is any manual method or physical
  495  or mechanical device, material, or equipment attached or
  496  adjacent to an the individual’s body so that he or she cannot
  497  easily remove the restraint and which restricts freedom of
  498  movement or normal access to one’s body.
  499         (b) A drug used as a restraint is a medication used to
  500  control an individual’s the person’s behavior or to restrict his
  501  or her freedom of movement and is not part of the standard
  502  treatment regimen for an individual having of a person with a
  503  diagnosed mental illness who is a client of the department.
  504  Physically holding an individual a person during a procedure to
  505  forcibly administer psychotropic medication is a physical
  506  restraint.
  507         (c) Restraint does not include physical devices, such as
  508  orthopedically prescribed appliances, surgical dressings and
  509  bandages, supportive body bands, or other physical holding when
  510  necessary for routine physical examinations and tests; or for
  511  purposes of orthopedic, surgical, or other similar medical
  512  treatment; when used to provide support for the achievement of
  513  functional body position or proper balance; or when used to
  514  protect an individual a person from falling out of bed.
  515         (40) “School psychologist” has the same meaning as defined
  516  in s. 490.003.
  517         (41)(29) “Seclusion” means the physical segregation of a
  518  person in any fashion or involuntary isolation of an individual
  519  a person in a room or area from which the individual person is
  520  prevented from leaving. The prevention may be by physical
  521  barrier or by a staff member who is acting in a manner, or who
  522  is physically situated, so as to prevent the individual person
  523  from leaving the room or area. For purposes of this chapter, the
  524  term does not mean isolation due to an individual’s a person’s
  525  medical condition or symptoms.
  526         (42)(30) “Secretary” means the Secretary of Children and
  527  Families.
  528         (43) “Service provider” means a mental health receiving
  529  facility, any facility licensed under chapter 397, a treatment
  530  facility, an entity under contract with the department to
  531  provide mental health or substance abuse services, a community
  532  mental health center or clinic, a psychologist, a clinical
  533  social worker, a marriage and family therapist, a mental health
  534  counselor, a physician, a psychiatrist, an advanced registered
  535  nurse practitioner, or a psychiatric nurse.
  536         (44) “Substance abuse impairment” means a condition
  537  involving the use of alcoholic beverages or any psychoactive or
  538  mood-altering substance in such a manner as to induce mental,
  539  emotional, or physical problems and cause socially dysfunctional
  540  behavior.
  541         (45) “Substance abuse qualified professional” has the same
  542  meaning as the term “qualified professional” as defined in s.
  543  397.311.
  544         (46)(31) “Transfer evaluation” means the process, as
  545  approved by the appropriate district office of the department,
  546  in which an individual whereby a person who is being considered
  547  for placement in a state treatment facility is first evaluated
  548  for appropriateness of admission to a treatment the facility.
  549  The transfer evaluation shall be conducted by the department, by
  550  a community-based public receiving facility, or by another
  551  service provider as authorized by the department, or by a
  552  community mental health center or clinic if the public receiving
  553  facility is not a community mental health center or clinic.
  554         (47)(32) “Treatment facility” means a any state-owned,
  555  state-operated, or state-supported hospital, center, or clinic
  556  designated by the department for extended treatment and
  557  hospitalization of individuals who have a mental illness, beyond
  558  that provided for by a receiving facility or a, of persons who
  559  have a mental illness, including facilities of the United States
  560  Government, and any private facility designated by the
  561  department when rendering such services to a person pursuant to
  562  the provisions of this part. Patients treated in facilities of
  563  the United States Government shall be solely those whose care is
  564  the responsibility of the United States Department of Veterans
  565  Affairs.
  566         (33) “Service provider” means any public or private
  567  receiving facility, an entity under contract with the Department
  568  of Children and Families to provide mental health services, a
  569  clinical psychologist, a clinical social worker, a marriage and
  570  family therapist, a mental health counselor, a physician, a
  571  psychiatric nurse as defined in subsection (23), or a community
  572  mental health center or clinic as defined in this part.
  573         (34) “Involuntary examination” means an examination
  574  performed under s. 394.463 to determine if an individual
  575  qualifies for involuntary inpatient treatment under s.
  576  394.467(1) or involuntary outpatient treatment under s.
  577  394.4655(1).
  578         (35) “Involuntary placement” means either involuntary
  579  outpatient treatment pursuant to s. 394.4655 or involuntary
  580  inpatient treatment pursuant to s. 394.467.
  581         (36) “Marriage and family therapist” means a person
  582  licensed as a marriage and family therapist under chapter 491.
  583         (37) “Mental health counselor” means a person licensed as a
  584  mental health counselor under chapter 491.
  585         (38) “Electronic means” means a form of telecommunication
  586  that requires all parties to maintain visual as well as audio
  587  communication.
  588         Section 9. Effective July 1, 2016, section 394.457, Florida
  589  Statutes, is amended to read:
  590         394.457 Operation and administration.—
  591         (1) ADMINISTRATION.—The Department of Children and Families
  592  is designated the “Mental Health Authority” of Florida. The
  593  department and the Agency for Health Care Administration shall
  594  exercise executive and administrative supervision over all
  595  mental health facilities, programs, and services.
  596         (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is
  597  responsible for:
  598         (a) The planning, evaluation, and implementation of a
  599  complete and comprehensive statewide program of mental health
  600  and substance abuse program, including community services,
  601  receiving and treatment facilities, child services, research,
  602  and training as authorized and approved by the Legislature,
  603  based on the annual program budget of the department. The
  604  department is also responsible for the coordination of efforts
  605  with other departments and divisions of the state government,
  606  county and municipal governments, and private agencies concerned
  607  with and providing mental health and substance abuse services.
  608  It is responsible for establishing standards, providing
  609  technical assistance, and supervising exercising supervision of
  610  mental health and substance abuse programs of, and the treatment
  611  of individuals patients at, community facilities, other
  612  facilities serving individuals for persons who have a mental
  613  illness or substance abuse impairment, and any agency or
  614  facility providing services under to patients pursuant to this
  615  part.
  616         (b) The publication and distribution of an information
  617  handbook to facilitate understanding of this part, the policies
  618  and procedures involved in the implementation of this part, and
  619  the responsibilities of the various providers of services under
  620  this part. It shall stimulate research by public and private
  621  agencies, institutions of higher learning, and hospitals in the
  622  interest of the elimination and amelioration of mental illness.
  623         (3) POWER TO CONTRACT.—The department may contract to
  624  provide, and be provided with, services and facilities in order
  625  to carry out its responsibilities under this part with the
  626  following agencies: public and private hospitals; receiving and
  627  treatment facilities; clinics; laboratories; departments,
  628  divisions, and other units of state government; the state
  629  colleges and universities; the community colleges; private
  630  colleges and universities; counties, municipalities, and any
  631  other governmental unit, including facilities of the United
  632  States Government; and any other public or private entity which
  633  provides or needs facilities or services. Baker Act funds for
  634  community inpatient, crisis stabilization, short-term
  635  residential treatment, and screening services must be allocated
  636  to each county pursuant to the department’s funding allocation
  637  methodology. Notwithstanding s. 287.057(3)(e), contracts for
  638  community-based Baker Act services for inpatient, crisis
  639  stabilization, short-term residential treatment, and screening
  640  provided under this part, other than those with other units of
  641  government, to be provided for the department must be awarded
  642  using competitive sealed bids if the county commission of the
  643  county receiving the services makes a request to the
  644  department’s district office by January 15 of the contracting
  645  year. The district may not enter into a competitively bid
  646  contract under this provision if such action will result in
  647  increases of state or local expenditures for Baker Act services
  648  within the district. Contracts for these Baker Act services
  649  using competitive sealed bids are effective for 3 years. The
  650  department shall adopt rules establishing minimum standards for
  651  such contracted services and facilities and shall make periodic
  652  audits and inspections to assure that the contracted services
  653  are provided and meet the standards of the department.
  654         (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The
  655  department may apply for and accept any funds, grants, gifts, or
  656  services made available to it by any agency or department of the
  657  Federal Government or any other public or private agency or
  658  person individual in aid of mental health and substance abuse
  659  programs. All such moneys must shall be deposited in the State
  660  Treasury and shall be disbursed as provided by law.
  661         (5) RULES.—The department shall adopt rules:
  662         (a) Establishing The department shall adopt rules
  663  establishing forms and procedures relating to the rights and
  664  privileges of individuals being examined or treated at patients
  665  seeking mental health treatment from facilities under this part.
  666         (b) The department shall adopt rules Necessary for the
  667  implementation and administration of the provisions of this
  668  part., and A program subject to the provisions of this part may
  669  shall not be permitted to operate unless rules designed to
  670  ensure the protection of the health, safety, and welfare of the
  671  individuals examined and patients treated under through such
  672  program have been adopted. Such rules adopted under this
  673  subsection must include provisions governing the use of
  674  restraint and seclusion which are consistent with recognized
  675  best practices and professional judgment; prohibit inherently
  676  dangerous restraint or seclusion procedures; establish
  677  limitations on the use and duration of restraint and seclusion;
  678  establish measures to ensure the safety of program participants
  679  and staff during an incident of restraint or seclusion;
  680  establish procedures for staff to follow before, during, and
  681  after incidents of restraint or seclusion; establish
  682  professional qualifications of and training for staff who may
  683  order or be engaged in the use of restraint or seclusion; and
  684  establish mandatory reporting, data collection, and data
  685  dissemination procedures and requirements. Such rules adopted
  686  under this subsection must require that each instance of the use
  687  of restraint or seclusion be documented in the clinical record
  688  of the individual who has been restrained or secluded patient.
  689         (c) Establishing The department shall adopt rules
  690  establishing minimum standards for services provided by a mental
  691  health overlay program or a mobile crisis response service.
  692         (6) PERSONNEL.—
  693         (a) The department shall, by rule, establish minimum
  694  standards of education and experience for professional and
  695  technical personnel employed in mental health programs,
  696  including members of a mobile crisis response service.
  697         (b) The department shall design and distribute appropriate
  698  materials for the orientation and training of persons actively
  699  engaged in implementing the provisions of this part relating to
  700  the involuntary examination and placement of persons who are
  701  believed to have a mental illness.
  702         (6)(7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee
  703  collections for patients in state-owned, state-operated, or
  704  state-supported treatment facilities shall be according to s.
  705  402.33.
  706         Section 10. Section 394.4573, Florida Statutes, is amended
  707  to read:
  708         394.4573 Continuity of care management system; measures of
  709  performance; reports.—
  710         (1) For the purposes of this section, the term:
  711         (a) “Case management” means those activities aimed at
  712  assessing client needs, planning services, linking the service
  713  system to a client, coordinating the various system components,
  714  monitoring service delivery, and evaluating the effect of
  715  service delivery.
  716         (b) “Case manager” means a person an individual who works
  717  with clients, and their families and significant others, to
  718  provide case management.
  719         (c) “Client manager” means an employee of the department
  720  who is assigned to specific provider agencies and geographic
  721  areas to ensure that the full range of needed services is
  722  available to clients.
  723         (d) “Continuity of care management system” means a system
  724  that assures, within available resources, that clients have
  725  access to the full array of services within the mental health
  726  services delivery system.
  727         (2) The department shall ensure the establishment of is
  728  directed to implement a continuity of care management system for
  729  the provision of mental health and substance abuse care in
  730  compliance with s. 394.9082., through the provision of client
  731  and case management, including clients referred from state
  732  treatment facilities to community mental health facilities. Such
  733  system shall include a network of client managers and case
  734  managers throughout the state designed to:
  735         (a) Reduce the possibility of a client’s admission or
  736  readmission to a state treatment facility.
  737         (b) Provide for the creation or designation of an agency in
  738  each county to provide single intake services for each person
  739  seeking mental health services. Such agency shall provide
  740  information and referral services necessary to ensure that
  741  clients receive the most appropriate and least restrictive form
  742  of care, based on the individual needs of the person seeking
  743  treatment. Such agency shall have a single telephone number,
  744  operating 24 hours per day, 7 days per week, where practicable,
  745  at a central location, where each client will have a central
  746  record.
  747         (c) Advocate on behalf of the client to ensure that all
  748  appropriate services are afforded to the client in a timely and
  749  dignified manner.
  750         (d) Require that any public receiving facility initiating a
  751  patient transfer to a licensed hospital for acute care mental
  752  health services not accessible through the public receiving
  753  facility shall notify the hospital of such transfer and send all
  754  records relating to the emergency psychiatric or medical
  755  condition.
  756         (3) The department is directed to develop and include in
  757  contracts with service providers measures of performance with
  758  regard to goals and objectives as specified in the state plan.
  759  Such measures shall use, to the extent practical, existing data
  760  collection methods and reports and shall not require, as a
  761  result of this subsection, additional reports on the part of
  762  service providers. The department shall plan monitoring visits
  763  of community mental health facilities with other state, federal,
  764  and local governmental and private agencies charged with
  765  monitoring such facilities.
  766         Section 11. Effective July 1, 2016, section 394.459,
  767  Florida Statutes, is amended to read:
  768         394.459 Rights of individuals receiving treatment and
  769  services patients.—
  770         (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this
  771  state that the individual dignity of all individuals held for
  772  examination or admitted for mental health or substance abuse
  773  treatment the patient shall be respected at all times and upon
  774  all occasions, including any occasion when the individual
  775  patient is taken into custody, held, or transported. Procedures,
  776  facilities, vehicles, and restraining devices used utilized for
  777  criminals or those accused of a crime may shall not be used in
  778  connection with individuals persons who have a mental illness or
  779  substance abuse impairment, except for the protection of that
  780  individual the patient or others. An individual Persons who has
  781  have a mental illness but who has are not been charged with a
  782  criminal offense may shall not be detained or incarcerated in
  783  the jails of this state. An individual A person who is receiving
  784  treatment for mental illness or substance abuse may shall not be
  785  deprived of his or her any constitutional rights. However, if
  786  such individual a person is adjudicated incapacitated, his or
  787  her rights may be limited to the same extent that the rights of
  788  any incapacitated individual person are limited by law.
  789         (2)PROTECTIVE CUSTODY WITHOUT CONSENT FOR SUBSTANCE ABUSE
  790  IMPAIRMENT.—An individual who has a substance abuse impairment
  791  but who has not been charged with a criminal offense may be
  792  placed in protective custody without his or her consent, subject
  793  to the limitations specified in this subsection. If it has been
  794  determined that a hospital, an addictions receiving facility, or
  795  a licensed detoxification facility is the most appropriate
  796  placement for the individual, law enforcement may implement
  797  protective custody measures as specified in this subsection.
  798         (a) An individual meets the criteria for placement in
  799  protective custody if there is a good faith reason to believe
  800  that the individual is impaired by substance abuse, has lost the
  801  power of self-control with respect to substance use because of
  802  such impairment, and:
  803         1. Has inflicted, has threated or attempted to inflict, or
  804  is likely, if not admitted, to inflict, physical harm on himself
  805  or herself or another; or
  806         2. Is in need of substance abuse services and, by reason of
  807  substance abuse impairment, is incapacitated and unable to make
  808  a rational decision with regard to such services. However, mere
  809  refusal to seek or obtain such services does not constitute
  810  evidence of lack of judgment with respect to his or her need for
  811  such services.
  812         (b)If an individual who is in circumstances that justify
  813  protective custody as described in paragraph (a) fails or
  814  refuses to consent to assistance and a law enforcement officer
  815  has determined that a hospital, an addictions receiving
  816  facility, or a licensed detoxification facility is the most
  817  appropriate treatment facility for such individual, the officer
  818  may, after giving due consideration to the expressed wishes of
  819  the individual:
  820         1. Take the individual to a hospital, an addictions
  821  receiving facility, or a licensed detoxification facility
  822  against the individual’s will but without using unreasonable
  823  force; or
  824         2. In the case of an adult, detain the individual for his
  825  or her own protection in any municipal or county jail or other
  826  appropriate detention facility.
  827  
  828  Detention under this paragraph is not to be considered an arrest
  829  for any purpose, and an entry or other record may not be made to
  830  indicate that the individual has been detained or charged with
  831  any crime. The officer in charge of the detention facility must
  832  notify the nearest appropriate licensed service provider within
  833  8 hours after detention that the individual has been detained.
  834  The detention facility must arrange, as necessary, for
  835  transportation of the individual to an appropriate licensed
  836  service provider with an available bed. Individuals detained
  837  under this paragraph must be assessed by an attending physician
  838  without unnecessary delay and within a 72-hour period to
  839  determine the need for further services.
  840         (c) The nearest relative of a minor in protective custody
  841  must be notified by the law enforcement officer, as must the
  842  nearest relative of an adult, unless the adult requests that
  843  there be no notification.
  844         (d) An individual who is in protective custody must be
  845  released by a qualified professional when any of the following
  846  circumstances occur:
  847         1. The individual no longer meets the protective custody
  848  criteria set out in paragraph (a);
  849         2. A 72-hour period has elapsed since the individual was
  850  taken into custody; or
  851         3. The individual has consented voluntarily to readmission
  852  at the facility of the licensed service provider.
  853         (e) An individual may be detained in protective custody
  854  beyond the 72-hour period if a petitioner has initiated
  855  proceedings for involuntary assessment or treatment. The timely
  856  filing of the petition authorizes the service provider to retain
  857  physical custody of the individual pending further order of the
  858  court.
  859         (3)(2) RIGHT TO TREATMENT.—An individual held for
  860  examination or admitted for mental illness or substance abuse
  861  treatment:
  862         (a) May A person shall not be denied treatment for mental
  863  illness or substance abuse impairment, and services may shall
  864  not be delayed at a mental health receiving facility, addictions
  865  receiving facility, detoxification facility, or treatment
  866  facility because of inability to pay. However, every reasonable
  867  effort to collect appropriate reimbursement for the cost of
  868  providing mental health or substance abuse services from
  869  individuals to persons able to pay for services, including
  870  insurance or third-party payments by third-party payers, shall
  871  be made by facilities providing services under pursuant to this
  872  part.
  873         (b) Shall be provided It is further the policy of the state
  874  that the least restrictive appropriate, available treatment,
  875  which must be utilized based on the individual’s individual
  876  needs and best interests of the patient and consistent with the
  877  optimum improvement of the individual’s patient’s condition.
  878         (c) Shall Each person who remains at a receiving or
  879  treatment facility for more than 12 hours shall be given a
  880  physical examination by a health practitioner authorized by law
  881  to give such examinations, and a mental health or substance
  882  abuse evaluation, as appropriate, by a psychiatrist,
  883  psychologist, psychiatric nurse, or qualified substance abuse
  884  professional within 24 hours after arrival at such facility if
  885  the individual has not been released or discharged pursuant to
  886  s. 394.463(2)(h) or s. 394.469. The physical examination and
  887  mental health evaluation must be documented in the clinical
  888  record. The physical and mental health examinations shall
  889  include efforts to identify indicators of substance abuse
  890  impairment, substance abuse intoxication, and substance abuse
  891  withdrawal.
  892         (d) Shall Every patient in a facility shall be afforded the
  893  opportunity to participate in activities designed to enhance
  894  self-image and the beneficial effects of other treatments, as
  895  determined by the facility.
  896         (e) Shall, not more than 5 days after admission to a
  897  facility, each patient shall have and receive an individualized
  898  treatment plan in writing, which the individual patient has had
  899  an opportunity to assist in preparing and to review before prior
  900  to its implementation. The plan must shall include a space for
  901  the individual’s patient’s comments and signature.
  902         (4)(3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
  903         (a)1. Each individual patient entering treatment shall be
  904  asked to give express and informed consent for admission or
  905  treatment.
  906         (a) If the individual patient has been adjudicated
  907  incapacitated or found to be incompetent to consent to
  908  treatment, express and informed consent must to treatment shall
  909  be sought from his or her instead from the patient’s guardian,
  910  or guardian advocate, or health care surrogate or proxy. If the
  911  individual patient is a minor, express and informed consent for
  912  admission or treatment must be obtained shall also be requested
  913  from the patient’s guardian. Express and informed consent for
  914  admission or treatment of a patient under 18 years of age shall
  915  be required from the minor’s patient’s guardian, unless the
  916  minor is seeking outpatient crisis intervention services under
  917  s. 394.4784. Express and informed consent for admission or
  918  treatment given by a patient who is under 18 years of age shall
  919  not be a condition of admission when the patient’s guardian
  920  gives express and informed consent for the patient’s admission
  921  pursuant to s. 394.463 or s. 394.467.
  922         (b)2. Before giving express and informed consent, the
  923  following information shall be provided and explained in plain
  924  language to the individual and patient, or to his or her the
  925  patient’s guardian if the individual patient is an adult 18
  926  years of age or older and has been adjudicated incapacitated, or
  927  to his or her the patient’s guardian advocate if the individual
  928  patient has been found to be incompetent to consent to
  929  treatment, to the health care surrogate or proxy, or to both the
  930  individual patient and the guardian if the individual patient is
  931  a minor: the reason for admission or treatment; the proposed
  932  treatment and; the purpose of such the treatment to be provided;
  933  the common risks, benefits, and side effects of the proposed
  934  treatment thereof; the specific dosage range of for the
  935  medication, if when applicable; alternative treatment
  936  modalities; the approximate length of care; the potential
  937  effects of stopping treatment; how treatment will be monitored;
  938  and that any consent given for treatment may be revoked orally
  939  or in writing before or during the treatment period by the
  940  individual receiving the treatment patient or by a person who is
  941  legally authorized to make health care decisions on the
  942  individual’s behalf of the patient.
  943         (b) In the case of medical procedures requiring the use of
  944  a general anesthetic or electroconvulsive treatment, and prior
  945  to performing the procedure, express and informed consent shall
  946  be obtained from the patient if the patient is legally
  947  competent, from the guardian of a minor patient, from the
  948  guardian of a patient who has been adjudicated incapacitated, or
  949  from the guardian advocate of the patient if the guardian
  950  advocate has been given express court authority to consent to
  951  medical procedures or electroconvulsive treatment as provided
  952  under s. 394.4598.
  953         (c) When the department is the legal guardian of a patient,
  954  or is the custodian of a patient whose physician is unwilling to
  955  perform a medical procedure, including an electroconvulsive
  956  treatment, based solely on the patient’s consent and whose
  957  guardian or guardian advocate is unknown or unlocatable, the
  958  court shall hold a hearing to determine the medical necessity of
  959  the medical procedure. The patient shall be physically present,
  960  unless the patient’s medical condition precludes such presence,
  961  represented by counsel, and provided the right and opportunity
  962  to be confronted with, and to cross-examine, all witnesses
  963  alleging the medical necessity of such procedure. In such
  964  proceedings, the burden of proof by clear and convincing
  965  evidence shall be on the party alleging the medical necessity of
  966  the procedure.
  967         (d) The administrator of a receiving or treatment facility
  968  may, upon the recommendation of the patient’s attending
  969  physician, authorize emergency medical treatment, including a
  970  surgical procedure, if such treatment is deemed lifesaving, or
  971  if the situation threatens serious bodily harm to the patient,
  972  and permission of the patient or the patient’s guardian or
  973  guardian advocate cannot be obtained.
  974         (5)(4) QUALITY OF TREATMENT.—
  975         (a) Each individual patient shall receive services,
  976  including, for a patient placed under s. 394.4655 shall receive,
  977  those services that are included in the court order which are
  978  suited to his or her needs, and which shall be administered
  979  skillfully, safely, and humanely with full respect for the
  980  individual’s patient’s dignity and personal integrity. Each
  981  individual patient shall receive such medical, vocational,
  982  social, educational, substance abuse, and rehabilitative
  983  services as his or her condition requires in order to live
  984  successfully in the community. In order to achieve this goal,
  985  the department shall is directed to coordinate its mental health
  986  and substance abuse programs with all other programs of the
  987  department and other state agencies.
  988         (b) Facilities shall develop and maintain, in a form that
  989  is accessible to and readily understandable by individuals held
  990  for examination or admitted for mental health or substance abuse
  991  treatment patients and consistent with rules adopted by the
  992  department, the following:
  993         1. Criteria, procedures, and required staff training for
  994  the any use of close or elevated levels of supervision, of
  995  restraint, seclusion, or isolation, or of emergency treatment
  996  orders, and for the use of bodily control and physical
  997  management techniques.
  998         2. Procedures for documenting, monitoring, and requiring
  999  clinical review of all uses of the procedures described in
 1000  subparagraph 1. and for documenting and requiring review of any
 1001  incidents resulting in injury to individuals receiving services
 1002  patients.
 1003         3. A system for investigating, tracking, managing, and
 1004  responding to complaints by individuals persons receiving
 1005  services or persons individuals acting on their behalf.
 1006         (c) Facilities shall have written procedures for reporting
 1007  events that place individuals receiving services at risk of
 1008  harm. Such events must be reported to the managing entity in the
 1009  facility’s region and the department as soon as reasonably
 1010  possible after discovery and include, but are not limited to:
 1011         1. The death, regardless of cause or manner, of an
 1012  individual examined or treated at a facility that occurs while
 1013  the individual is at the facility or that occurs within 72 hours
 1014  after release, if the death is known to the facility
 1015  administrator.
 1016         2. An injury sustained, or allegedly sustained, at a
 1017  facility, by an individual examined or treated at the facility
 1018  and caused by an accident, assault, act of abuse, neglect, or
 1019  suicide attempt, or a self-inflicted injury, if the injury
 1020  requires medical treatment by a licensed health care
 1021  practitioner in an acute care medical facility.
 1022         3. The unauthorized departure or absence of an individual
 1023  from a facility in which he or she has been held for involuntary
 1024  examination or involuntary placement.
 1025         4. A disaster or crisis situation such as a tornado,
 1026  hurricane, kidnapping, riot, or hostage situation that
 1027  jeopardizes the health, safety, or welfare of individuals
 1028  examined or treated in a facility.
 1029         5. An allegation of sexual battery upon an individual
 1030  examined or treated in a facility.
 1031         (d)(c) A facility may not use seclusion or restraint for
 1032  punishment, to compensate for inadequate staffing, or for the
 1033  convenience of staff. Facilities shall ensure that all staff are
 1034  made aware of these restrictions on the use of seclusion and
 1035  restraint and shall make and maintain records that which
 1036  demonstrate that this information has been conveyed to each
 1037  individual staff member members.
 1038         (6)(5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
 1039         (a) Each individual person receiving services in a facility
 1040  providing mental health services under this part has the right
 1041  to communicate freely and privately with persons outside the
 1042  facility unless it is determined that such communication is
 1043  likely to be harmful to the individual person or others. Each
 1044  facility shall make available as soon as reasonably possible to
 1045  persons receiving services a telephone that allows for free
 1046  local calls and access to a long-distance service to the
 1047  individual as soon as reasonably possible. A facility is not
 1048  required to pay the costs of the individual’s a patient’s long
 1049  distance calls. The telephone must shall be readily accessible
 1050  to the patient and shall be placed so that the individual
 1051  patient may use it to communicate privately and confidentially.
 1052  The facility may establish reasonable rules for the use of the
 1053  this telephone which, provided that the rules do not interfere
 1054  with an individual’s a patient’s access to a telephone to report
 1055  abuse pursuant to paragraph (e).
 1056         (b) Each individual patient admitted to a facility under
 1057  the provisions of this part shall be allowed to receive, send,
 1058  and mail sealed, unopened correspondence; and the individual’s
 1059  no patient’s incoming or outgoing correspondence may not shall
 1060  be opened, delayed, held, or censored by the facility unless
 1061  there is reason to believe that it contains items or substances
 1062  that which may be harmful to the individual patient or others,
 1063  in which case the administrator may direct reasonable
 1064  examination of such mail and may regulate the disposition of
 1065  such items or substances.
 1066         (c) Each facility shall allow must permit immediate access
 1067  to an individual any patient, subject to the patient’s right to
 1068  deny or withdraw consent at any time, by the individual, or by
 1069  the individual’s patient’s family members, guardian, guardian
 1070  advocate, health care surrogate or proxy, representative,
 1071  Florida statewide or local advocacy council, or attorneys
 1072  attorney, unless such access would be detrimental to the
 1073  individual patient. If the a patient’s right to communicate or
 1074  to receive visitors is restricted by the facility, written
 1075  notice of such restriction and the reasons for the restriction
 1076  shall be served on the individual and patient, the individual’s
 1077  patient’s attorney, and the patient’s guardian, guardian
 1078  advocate, health care surrogate or proxy, or representative; and
 1079  such restriction, and the reasons for the restriction, must
 1080  shall be recorded in on the patient’s clinical record with the
 1081  reasons therefor. The restriction must of a patient’s right to
 1082  communicate or to receive visitors shall be reviewed at least
 1083  every 7 days. The right to communicate or receive visitors may
 1084  shall not be restricted as a means of punishment. This Nothing
 1085  in this paragraph may not shall be construed to limit the
 1086  provisions of paragraph (d).
 1087         (d) Each facility shall establish reasonable rules, which
 1088  must be the least restrictive possible, governing visitors,
 1089  visiting hours, and the use of telephones by individuals
 1090  patients in the least restrictive possible manner. An individual
 1091  has Patients shall have the right to contact and to receive
 1092  communication from his or her attorney their attorneys at any
 1093  reasonable time.
 1094         (e) Each individual patient receiving mental health or
 1095  substance abuse treatment in any facility shall have ready
 1096  access to a telephone in order to report an alleged abuse. The
 1097  facility staff shall orally and in writing inform each
 1098  individual patient of the procedure for reporting abuse and
 1099  shall make every reasonable effort to present the information in
 1100  a language the individual patient understands. A written copy of
 1101  that procedure, including the telephone number of the central
 1102  abuse hotline and reporting forms, must shall be posted in plain
 1103  view.
 1104         (f) The department shall adopt rules providing a procedure
 1105  for reporting abuse. Facility staff shall be required, As a
 1106  condition of employment, facility staff shall to become familiar
 1107  with the requirements and procedures for the reporting of abuse.
 1108         (7)(6) CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—A
 1109  facility shall respect the rights of an individual with regard A
 1110  patient’s right to the possession of his or her clothing and
 1111  personal effects shall be respected. The facility may take
 1112  temporary custody of such effects if when required for medical
 1113  and safety reasons. The A patient’s clothing and personal
 1114  effects shall be inventoried upon their removal into temporary
 1115  custody. Copies of this inventory shall be given to the
 1116  individual patient and to his or her the patient’s guardian,
 1117  guardian advocate, health care surrogate or proxy, or
 1118  representative and shall be recorded in the patient’s clinical
 1119  record. This inventory may be amended upon the request of the
 1120  individual patient or his or her the patient’s guardian,
 1121  guardian advocate, health care surrogate or proxy, or
 1122  representative. The inventory and any amendments to it must be
 1123  witnessed by two members of the facility staff and by the
 1124  individual patient, if he or she is able. All of the a patient’s
 1125  clothing and personal effects held by the facility shall be
 1126  returned to the individual patient immediately upon his or her
 1127  the discharge or transfer of the patient from the facility,
 1128  unless such return would be detrimental to the individual
 1129  patient. If personal effects are not returned to the patient,
 1130  the reason must be documented in the clinical record along with
 1131  the disposition of the clothing and personal effects, which may
 1132  be given instead to the individual’s patient’s guardian,
 1133  guardian advocate, health care surrogate or proxy, or
 1134  representative. As soon as practicable after an emergency
 1135  transfer of a patient, the individual’s patient’s clothing and
 1136  personal effects shall be transferred to the individual’s
 1137  patient’s new location, together with a copy of the inventory
 1138  and any amendments, unless an alternate plan is approved by the
 1139  individual patient, if he or she is able, and by his or her the
 1140  patient’s guardian, guardian advocate, health care surrogate or
 1141  proxy, or representative.
 1142         (8)(7) VOTING IN PUBLIC ELECTIONS.—A patient who is
 1143  eligible to vote according to the laws of the state has the
 1144  right to vote in the primary and general elections. The
 1145  department shall establish rules to enable patients to obtain
 1146  voter registration forms, applications for absentee ballots, and
 1147  absentee ballots.
 1148         (9)(8) HABEAS CORPUS.—
 1149         (a) At any time, and without notice, an individual a person
 1150  held or admitted for mental health or substance abuse
 1151  examination or placement in a receiving or treatment facility,
 1152  or a relative, friend, guardian, guardian advocate, health care
 1153  surrogate or proxy, representative, or attorney, or the
 1154  department, on behalf of such individual person, may petition
 1155  for a writ of habeas corpus to question the cause and legality
 1156  of such detention and request that the court order a return to
 1157  the writ in accordance with chapter 79. Each individual patient
 1158  held in a facility shall receive a written notice of the right
 1159  to petition for a writ of habeas corpus.
 1160         (b) At any time, and without notice, an individual held or
 1161  admitted for mental health or substance abuse examination or
 1162  placement a person who is a patient in a receiving or treatment
 1163  facility, or a relative, friend, guardian, guardian advocate,
 1164  health care surrogate or proxy, representative, or attorney, or
 1165  the department, on behalf of such individual person, may file a
 1166  petition in the circuit court in the county where the individual
 1167  patient is being held alleging that he or she the patient is
 1168  being unjustly denied a right or privilege granted under this
 1169  part herein or that a procedure authorized under this part
 1170  herein is being abused. Upon the filing of such a petition, the
 1171  court may shall have the authority to conduct a judicial inquiry
 1172  and to issue an any order needed to correct an abuse of the
 1173  provisions of this part.
 1174         (c) The administrator of any receiving or treatment
 1175  facility receiving a petition under this subsection shall file
 1176  the petition with the clerk of the court on the next court
 1177  working day.
 1178         (d) A No fee may not shall be charged for the filing of a
 1179  petition under this subsection.
 1180         (10)(9) VIOLATIONS.—The department shall report to the
 1181  Agency for Health Care Administration any violation of the
 1182  rights or privileges of patients, or of any procedures provided
 1183  under this part, by any facility or professional licensed or
 1184  regulated by the agency. The agency is authorized to impose any
 1185  sanction authorized for violation of this part, based solely on
 1186  the investigation and findings of the department.
 1187         (11)(10) LIABILITY FOR VIOLATIONS.—Any person who violates
 1188  or abuses any rights or privileges of patients provided by this
 1189  part is liable for damages as determined by law. Any person who
 1190  acts in good faith in compliance with the provisions of this
 1191  part is immune from civil or criminal liability for his or her
 1192  actions in connection with the admission, diagnosis, treatment,
 1193  or discharge of a patient to or from a facility. However, this
 1194  section does not relieve any person from liability if such
 1195  person commits negligence.
 1196         (12)(11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE
 1197  PLANNING.—The patient shall have the opportunity to participate
 1198  in treatment and discharge planning and shall be notified in
 1199  writing of his or her right, upon discharge from the facility,
 1200  to seek treatment from the professional or agency of the
 1201  patient’s choice.
 1202         (13) ADVANCE DIRECTIVES.—All service providers under this
 1203  part shall provide information concerning advance directives to
 1204  individuals and assist those who are competent and willing to
 1205  complete an advance directive. The directive may include
 1206  instructions regarding mental health or substance abuse care.
 1207  Service providers under this part shall honor the advance
 1208  directive of individuals they serve, or shall request the
 1209  transfer of the individual as required under s. 765.1105.
 1210         (14)(12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.—Each
 1211  facility shall post a notice listing and describing, in the
 1212  language and terminology that the persons to whom the notice is
 1213  addressed can understand, the rights provided in this section.
 1214  This notice shall include a statement that provisions of the
 1215  federal Americans with Disabilities Act apply and the name and
 1216  telephone number of a person to contact for further information.
 1217  This notice shall be posted in a place readily accessible to
 1218  patients and in a format easily seen by patients. This notice
 1219  shall include the telephone numbers of the Florida local
 1220  advocacy council and Advocacy Center for Persons with
 1221  Disabilities, Inc.
 1222         Section 12. Section 394.4597, Florida Statutes, is amended
 1223  to read:
 1224         394.4597 Persons to be notified; appointment of a patient’s
 1225  representative.—
 1226         (1) VOLUNTARY ADMISSION PATIENTS.—At the time an individual
 1227  a patient is voluntarily admitted to a receiving or treatment
 1228  facility, the individual shall be asked to identify a person to
 1229  be notified in case of an emergency, and the identity and
 1230  contact information of that a person to be notified in case of
 1231  an emergency shall be entered in the individual’s patient’s
 1232  clinical record.
 1233         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1234         (a) At the time an individual a patient is admitted to a
 1235  facility for involuntary examination or placement, or when a
 1236  petition for involuntary placement is filed, the names,
 1237  addresses, and telephone numbers of the individual’s patient’s
 1238  guardian or guardian advocate, health care surrogate, or proxy,
 1239  or representative if he or she the patient has no guardian, and
 1240  the individual’s patient’s attorney shall be entered in the
 1241  patient’s clinical record.
 1242         (b) If the individual patient has no guardian, guardian
 1243  advocate, health care surrogate, or proxy, he or she the patient
 1244  shall be asked to designate a representative. If the individual
 1245  patient is unable or unwilling to designate a representative,
 1246  the facility shall select a representative.
 1247         (c) The individual patient shall be consulted with regard
 1248  to the selection of a representative by the receiving or
 1249  treatment facility and may shall have authority to request that
 1250  the any such representative be replaced.
 1251         (d) If When the receiving or treatment facility selects a
 1252  representative, first preference shall be given to a health care
 1253  surrogate, if one has been previously selected by the patient.
 1254  If the individual patient has not previously selected a health
 1255  care surrogate, the selection, except for good cause documented
 1256  in the individual’s patient’s clinical record, shall be made
 1257  from the following list in the order of listing:
 1258         1. The individual’s patient’s spouse.
 1259         2. An adult child of the individual patient.
 1260         3. A parent of the individual patient.
 1261         4. The adult next of kin of the individual patient.
 1262         5. An adult friend of the individual patient.
 1263         6. The appropriate Florida local advocacy council as
 1264  provided in s. 402.166.
 1265         (e) The following persons are prohibited from selection as
 1266  an individual’s representative:
 1267         1. A professional providing clinical services to the
 1268  individual under this part;
 1269         2. The licensed professional who initiated the involuntary
 1270  examination of the individual, if the examination was initiated
 1271  by professional certificate;
 1272         3. An employee, administrator, or board member of the
 1273  facility providing the examination of the individual;
 1274         4. An employee, administrator, or board member of a
 1275  treatment facility providing treatment of the individual;
 1276         5. A person providing any substantial professional services
 1277  to the individual, including clinical and nonclinical services;
 1278         6. A creditor of the individual;
 1279         7. A person subject to an injunction for protection against
 1280  domestic violence under s. 741.30, whether the order of
 1281  injunction is temporary or final, and for which the individual
 1282  was the petitioner; and
 1283         8. A person subject to an injunction for protection against
 1284  repeat violence, sexual violence, or dating violence under s.
 1285  784.046, whether the order of injunction is temporary or final,
 1286  and for which the individual was the petitioner.
 1287         (e) A licensed professional providing services to the
 1288  patient under this part, an employee of a facility providing
 1289  direct services to the patient under this part, a department
 1290  employee, a person providing other substantial services to the
 1291  patient in a professional or business capacity, or a creditor of
 1292  the patient shall not be appointed as the patient’s
 1293  representative.
 1294         (f) The representative selected by the individual or
 1295  designated by the facility has the right to:
 1296         1. Receive notice of the individual’s admission;
 1297         2. Receive notice of proceedings affecting the individual;
 1298         3. Have immediate access to the individual unless such
 1299  access is documented to be detrimental to the individual;
 1300         4. Receive notice of any restriction of the individual’s
 1301  right to communicate or receive visitors;
 1302         5. Receive a copy of the inventory of personal effects upon
 1303  the individual’s admission and to request an amendment to the
 1304  inventory at any time;
 1305         6. Receive disposition of the individual’s clothing and
 1306  personal effects if not returned to the individual, or to
 1307  approve an alternate plan;
 1308         7. Petition on behalf of the individual for a writ of
 1309  habeas corpus to question the cause and legality of the
 1310  individual’s detention or to allege that the individual is being
 1311  unjustly denied a right or privilege granted under this part, or
 1312  that a procedure authorized under this part is being abused;
 1313         8. Apply for a change of venue for the individual’s
 1314  involuntary placement hearing for the convenience of the parties
 1315  or witnesses or because of the individual’s condition;
 1316         9. Receive written notice of any restriction of the
 1317  individual’s right to inspect his or her clinical record;
 1318         10. Receive notice of the release of the individual from a
 1319  receiving facility where an involuntary examination was
 1320  performed;
 1321         11. Receive a copy of any petition for the individual’s
 1322  involuntary placement filed with the court; and
 1323         12. Be informed by the court of the individual’s right to
 1324  an independent expert evaluation pursuant to involuntary
 1325  placement procedures.
 1326         Section 13. Effective July 1, 2016, section 394.4598,
 1327  Florida Statutes, is amended to read:
 1328         394.4598 Guardian advocate.—
 1329         (1) The administrator, family member, or interested party
 1330  may petition the court for the appointment of a guardian
 1331  advocate based upon the opinion of a psychiatrist that an
 1332  individual held for examination or admitted for mental health or
 1333  substance abuse treatment the patient is incompetent to consent
 1334  to treatment. If the court finds that the individual a patient
 1335  is incompetent to consent to treatment and has not been
 1336  adjudicated incapacitated and a guardian having with the
 1337  authority to consent to mental health or substance abuse
 1338  treatment has not been appointed, it shall appoint a guardian
 1339  advocate. The individual patient has the right to have an
 1340  attorney represent him or her at the hearing. If the individual
 1341  person is indigent, the court shall appoint the office of the
 1342  public defender to represent him or her at the hearing. The
 1343  individual patient has the right to testify, cross-examine
 1344  witnesses, and present witnesses. The proceeding must shall be
 1345  recorded either electronically or stenographically, and
 1346  testimony shall be provided under oath. One of the professionals
 1347  authorized to give an opinion in support of a petition for
 1348  involuntary placement, as described in s. 394.4655 or s.
 1349  394.467, shall must testify. The A guardian advocate shall must
 1350  meet the qualifications of a guardian pursuant to contained in
 1351  part IV of chapter 744, except that a professional referred to
 1352  in this part, an employee of the facility providing direct
 1353  services to the patient under this part, a departmental
 1354  employee, a facility administrator, or member of the Florida
 1355  local advocacy council shall not be appointed. A person who is
 1356  appointed as a guardian advocate must agree to the appointment.
 1357  A person may not be appointed as a guardian advocate unless he
 1358  or she agrees to the appointment.
 1359         (2) The following persons are prohibited from being
 1360  appointed as an individual’s guardian advocate:
 1361         (a) A professional providing clinical services to the
 1362  individual under this part;
 1363         (b) The licensed professional who initiated the involuntary
 1364  examination of the individual, if the examination was initiated
 1365  by professional certificate;
 1366         (c) An employee, administrator, or board member of the
 1367  facility providing the examination of the individual;
 1368         (d) An employee, administrator, or board member of a
 1369  treatment facility providing treatment of the individual;
 1370         (e) A person providing any substantial professional
 1371  services to the individual, including clinical and nonclinical
 1372  services;
 1373         (f) A creditor of the individual;
 1374         (g) A person subject to an injunction for protection
 1375  against domestic violence under s. 741.30, whether the order of
 1376  injunction is temporary or final, and for which the individual
 1377  was the petitioner; and
 1378         (h) A person subject to an injunction for protection
 1379  against repeat violence, sexual violence, or dating violence
 1380  under s. 784.046, whether the order of injunction is temporary
 1381  or final, and for which the individual was the petitioner.
 1382         (3)(2) A facility requesting appointment of a guardian
 1383  advocate must, prior to the appointment, provide the prospective
 1384  guardian advocate with information about the duties and
 1385  responsibilities of guardian advocates, including the
 1386  information about the ethics of medical decisionmaking. Before
 1387  asking a guardian advocate to give consent to treatment for an
 1388  individual held for examination or admitted for mental health or
 1389  substance abuse treatment a patient, the facility shall provide
 1390  to the guardian advocate sufficient information to allow so that
 1391  the guardian advocate to can decide whether to give express and
 1392  informed consent to the treatment, including information that
 1393  the treatment is essential to the care of the individual
 1394  patient, and that the treatment does not present an unreasonable
 1395  risk of serious, hazardous, or irreversible side effects. Before
 1396  giving consent to treatment, the guardian advocate must meet and
 1397  talk with the individual patient and the individual’s patient’s
 1398  physician face to face in person, if at all possible, and by
 1399  telephone, if not. The guardian advocate shall make every effort
 1400  to make decisions regarding treatment that he or she believes
 1401  the individual would have made under the circumstances if the
 1402  individual were capable of making such a decision. The decision
 1403  of the guardian advocate may be reviewed by the court, upon
 1404  petition of the individual’s patient’s attorney, the
 1405  individual’s patient’s family, or the facility administrator.
 1406         (4)(3)Prior to A guardian advocate must attend at least a
 1407  4-hour training course approved by the court before exercising
 1408  his or her authority, the guardian advocate shall attend a
 1409  training course approved by the court. This training course, of
 1410  not less than 4 hours, must include, at minimum, information
 1411  about an the individual’s patient rights, psychotropic
 1412  medications, diagnosis of mental illness or substance abuse
 1413  impairment, the ethics of medical decisionmaking, and the duties
 1414  of guardian advocates. This training course shall take the place
 1415  of the training required for guardians appointed pursuant to
 1416  chapter 744.
 1417         (5)(4) The information to be supplied to prospective
 1418  guardian advocates before prior to their appointment and the
 1419  training course for guardian advocates must be developed and
 1420  completed through a course developed by the department and
 1421  approved by the chief judge of the circuit court and taught by a
 1422  court-approved organization. Court-approved organizations may
 1423  include, but need are not be limited to, community or junior
 1424  colleges, guardianship organizations, and the local bar
 1425  association or The Florida Bar. The court may, in its
 1426  discretion, waive some or all of the training requirements for
 1427  guardian advocates or impose additional requirements. The court
 1428  shall make its decision on a case-by-case basis and, in making
 1429  its decision, shall consider the experience and education of the
 1430  guardian advocate, the duties assigned to the guardian advocate,
 1431  and the needs of the individual subject to involuntary placement
 1432  patient.
 1433         (6)(5) In selecting a guardian advocate, the court shall
 1434  give preference to a health care surrogate, if one has already
 1435  been designated by the individual held for examination or
 1436  admitted for mental health or substance abuse treatment patient.
 1437  If the individual patient has not previously selected a health
 1438  care surrogate, except for good cause documented in the court
 1439  record, the selection shall be made from the following list in
 1440  the order of listing:
 1441         (a) The individual’s patient’s spouse.
 1442         (b) An adult child of the individual patient.
 1443         (c) A parent of the individual patient.
 1444         (d) The adult next of kin of the individual patient.
 1445         (e) An adult friend of the individual patient.
 1446         (f) An adult trained and willing to serve as guardian
 1447  advocate for the individual patient.
 1448         (7)(6) If a guardian with the authority to consent to
 1449  medical treatment has not already been appointed or if the
 1450  individual held for examination or admitted for mental health or
 1451  substance abuse treatment patient has not already designated a
 1452  health care surrogate, the court may authorize the guardian
 1453  advocate to consent to medical treatment, as well as mental
 1454  health and substance abuse treatment. Unless otherwise limited
 1455  by the court, a guardian advocate with authority to consent to
 1456  medical treatment shall have the same authority to make health
 1457  care decisions and be subject to the same restrictions as a
 1458  proxy appointed under part IV of chapter 765. Unless the
 1459  guardian advocate has sought and received express court approval
 1460  in proceeding separate from the proceeding to determine the
 1461  competence of the patient to consent to medical treatment, the
 1462  guardian advocate may not consent to:
 1463         (a) Abortion.
 1464         (b) Sterilization.
 1465         (c) Electroconvulsive treatment.
 1466         (d) Psychosurgery.
 1467         (e) Experimental treatments that have not been approved by
 1468  a federally approved institutional review board in accordance
 1469  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 1470  
 1471  In making a medical treatment decision under this subsection,
 1472  the court shall must base its decision on evidence that the
 1473  treatment or procedure is essential to the care of the
 1474  individual patient and that the treatment does not present an
 1475  unreasonable risk of serious, hazardous, or irreversible side
 1476  effects. The court shall follow the procedures set forth in
 1477  subsection (1) of this section.
 1478         (8)(7) The guardian advocate shall be discharged when the
 1479  individual for whom he or she is appointed patient is discharged
 1480  from an order for involuntary outpatient placement or
 1481  involuntary inpatient placement or when the individual patient
 1482  is transferred from involuntary to voluntary status. The court
 1483  or a hearing officer shall consider the competence of the
 1484  individual patient pursuant to subsection (1) and may consider
 1485  an involuntarily placed individual’s patient’s competence to
 1486  consent to treatment at any hearing. Upon sufficient evidence,
 1487  the court may restore, or the magistrate or administrative law
 1488  judge hearing officer may recommend that the court restore, the
 1489  individual’s patient’s competence. A copy of the order restoring
 1490  competence or the certificate of discharge containing the
 1491  restoration of competence shall be provided to the individual
 1492  patient and the guardian advocate.
 1493         Section 14. Section 394.4599, Florida Statutes, is amended
 1494  to read:
 1495         394.4599 Notice.—
 1496         (1) VOLUNTARY ADMISSION PATIENTS.—Notice of an individual’s
 1497  a voluntary patient’s admission shall only be given only at the
 1498  request of the individual patient, except that, in an emergency,
 1499  notice shall be given as determined by the facility.
 1500         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1501         (a) Whenever notice is required to be given under this
 1502  part, such notice shall be given to the individual patient and
 1503  the individual’s patient’s guardian, guardian advocate, health
 1504  care surrogate or proxy, attorney, and representative.
 1505         1. When notice is required to be given to an individual a
 1506  patient, it shall be given both orally and in writing, in the
 1507  language and terminology that the individual patient can
 1508  understand, and, if needed, the facility shall provide an
 1509  interpreter for the individual patient.
 1510         2. Notice to an individual’s a patient’s guardian, guardian
 1511  advocate, health care surrogate or proxy, attorney, and
 1512  representative shall be given by United States mail and by
 1513  registered or certified mail with the date, time, and method of
 1514  notice delivery documented in receipts attached to the patient’s
 1515  clinical record. Hand delivery by a facility employee may be
 1516  used as an alternative, with the date and time of delivery
 1517  documented in the clinical record. If notice is given by a state
 1518  attorney or an attorney for the department, a certificate of
 1519  service is shall be sufficient to document service.
 1520         (b) A receiving facility shall give prompt notice of the
 1521  whereabouts of an individual a patient who is being
 1522  involuntarily held for examination to the individual’s guardian,
 1523  guardian advocate, health care surrogate or proxy, attorney or
 1524  representative, by telephone or in person within 24 hours after
 1525  the individual’s patient’s arrival at the facility, unless the
 1526  patient requests that no notification be made. Contact attempts
 1527  shall be documented in the individual’s patient’s clinical
 1528  record and shall begin as soon as reasonably possible after the
 1529  individual’s patient’s arrival. Notice that a patient is being
 1530  admitted as an involuntary patient shall be given to the Florida
 1531  local advocacy council no later than the next working day after
 1532  the patient is admitted.
 1533         (c)1. A receiving facility shall give notice of the
 1534  whereabouts of a minor who is being involuntarily held for
 1535  examination pursuant to s. 394.463 to the minor’s parent,
 1536  guardian, caregiver, or guardian advocate, in person or by
 1537  telephone or other form of electronic communication, immediately
 1538  after the minor’s arrival at the facility. The facility may not
 1539  delay notification for more than 24 hours after the minor’s
 1540  arrival if the facility has submitted a report to the central
 1541  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 1542  suspicion of abuse, abandonment, or neglect and if the facility
 1543  deems a delay in notification to be in the minor’s best
 1544  interest.
 1545         2. The receiving facility shall attempt to notify the
 1546  minor’s parent, guardian, caregiver, or guardian advocate until
 1547  the receiving facility receives confirmation from the parent,
 1548  guardian, caregiver, or guardian advocate, verbally, by
 1549  telephone or other form of electronic communication, or by
 1550  recorded message, that notification has been received. Attempts
 1551  to notify the parent, guardian, caregiver, or guardian advocate
 1552  must be repeated at least once each hour during the first 12
 1553  hours after the minor’s arrival and once every 24 hours
 1554  thereafter and must continue until such confirmation is
 1555  received, unless the minor is released at the end of the 72-hour
 1556  examination period, or until a petition for involuntary
 1557  placement is filed with the court pursuant to s. 394.463(2)(i).
 1558  The receiving facility may seek assistance from a law
 1559  enforcement agency to notify the minor’s parent, guardian,
 1560  caregiver, or guardian advocate if the facility has not
 1561  received, within the first 24 hours after the minor’s arrival, a
 1562  confirmation by the parent, guardian, caregiver, or guardian
 1563  advocate that notification has been received. The receiving
 1564  facility must document notification attempts in the minor’s
 1565  clinical record.
 1566         (d)(c) The written notice of the filing of the petition for
 1567  involuntary placement of an individual being held must contain
 1568  the following:
 1569         1. Notice that the petition has been filed with the circuit
 1570  court in the county in which the individual patient is
 1571  hospitalized and the address of such court.
 1572         2. Notice that the office of the public defender has been
 1573  appointed to represent the individual patient in the proceeding,
 1574  if the individual patient is not otherwise represented by
 1575  counsel.
 1576         3. The date, time, and place of the hearing and the name of
 1577  each examining expert and every other person expected to testify
 1578  in support of continued detention.
 1579         4. Notice that the individual patient, the individual’s
 1580  patient’s guardian, guardian advocate, health care surrogate or
 1581  proxy, or representative, or the administrator may apply for a
 1582  change of venue for the convenience of the parties or witnesses
 1583  or because of the condition of the individual patient.
 1584         5. Notice that the individual patient is entitled to an
 1585  independent expert examination and, if the individual patient
 1586  cannot afford such an examination, that the court will provide
 1587  for one.
 1588         (e)(d) A treatment facility shall provide notice of an
 1589  individual’s a patient’s involuntary admission on the next
 1590  regular working day after the individual’s patient’s arrival at
 1591  the facility.
 1592         (f)(e) When an individual a patient is to be transferred
 1593  from one facility to another, notice shall be given by the
 1594  facility where the individual patient is located before prior to
 1595  the transfer.
 1596         Section 15. Effective July 1, 2016, subsections (1), (2),
 1597  (3), and (10) of section 394.4615, Florida Statutes, are amended
 1598  to read:
 1599         394.4615 Clinical records; confidentiality.—
 1600         (1) A clinical record shall be maintained for each
 1601  individual held for examination or admitted for treatment under
 1602  this part patient. The record shall include data pertaining to
 1603  admission and such other information as may be required under
 1604  rules of the department. A clinical record is confidential and
 1605  exempt from the provisions of s. 119.07(1). Unless waived by
 1606  express and informed consent of the individual, by the patient
 1607  or his or her the patient’s guardian, or guardian advocate,
 1608  health care surrogate or proxy, or, if the individual patient is
 1609  deceased, by his or her guardian, guardian advocate, health care
 1610  surrogate or proxy, by his or her the patient’s personal
 1611  representative or the family member who stands next in line of
 1612  intestate succession, the confidential status of the clinical
 1613  record shall not be lost by either authorized or unauthorized
 1614  disclosure to any person, organization, or agency.
 1615         (2) The clinical record of an individual held for
 1616  examination or admitted for treatment under this part shall be
 1617  released if when:
 1618         (a) The individual patient or the individual’s patient’s
 1619  guardian, guardian advocate, health care surrogate or proxy, or
 1620  representative authorizes the release. The guardian, or guardian
 1621  advocate, health care surrogate or proxy shall be provided
 1622  access to the appropriate clinical records of the patient. The
 1623  individual patient or the patient’s guardian, or guardian
 1624  advocate, health care surrogate or proxy may authorize the
 1625  release of information and clinical records to appropriate
 1626  persons to ensure the continuity of the individual’s patient’s
 1627  health care or mental health or substance abuse care.
 1628         (b) The individual patient is represented by counsel and
 1629  the records are needed by the individual’s patient’s counsel for
 1630  adequate representation.
 1631         (c) A petition for involuntary inpatient placement is filed
 1632  and the records are needed by the state attorney to evaluate the
 1633  allegations set forth in the petition or to prosecute the
 1634  petition. However, the state attorney may not use clinical
 1635  records obtained under this part for the purpose of criminal
 1636  investigation or prosecution, or for any other purpose not
 1637  authorized by this part.
 1638         (d)(c) The court orders such release. In determining
 1639  whether there is good cause for disclosure, the court shall
 1640  weigh the need for the information to be disclosed against the
 1641  possible harm of disclosure to the individual person to whom
 1642  such information pertains.
 1643         (e)(d) The individual patient is committed to, or is to be
 1644  returned to, the Department of Corrections from the Department
 1645  of Children and Families, and the Department of Corrections
 1646  requests such records. These records shall be furnished without
 1647  charge to the Department of Corrections.
 1648         (3) Information from the clinical record may be released in
 1649  the following circumstances:
 1650         (a) When a patient has declared an intention to harm other
 1651  persons. When such declaration has been made, the administrator
 1652  may authorize the release of sufficient information to provide
 1653  adequate warning to law enforcement agencies and to the person
 1654  threatened with harm by the patient.
 1655         (b) When the administrator of the facility or secretary of
 1656  the department deems release to a qualified researcher as
 1657  defined in administrative rule, an aftercare treatment provider,
 1658  or an employee or agent of the department is necessary for
 1659  treatment of the patient, maintenance of adequate records,
 1660  compilation of treatment data, aftercare planning, or evaluation
 1661  of programs.
 1662  
 1663  For the purpose of determining whether a person meets the
 1664  criteria for involuntary outpatient placement or for preparing
 1665  the proposed treatment plan pursuant to s. 394.4655, the
 1666  clinical record may be released to the state attorney, the
 1667  public defender or the patient’s private legal counsel, the
 1668  court, and to the appropriate mental health professionals,
 1669  including the service provider identified in s. 394.4655(7)(b)
 1670  s. 394.4655(6)(b)2., in accordance with state and federal law.
 1671         (10) An individual held for examination or admitted for
 1672  treatment Patients shall have reasonable access to his or her
 1673  their clinical records, unless such access is determined by the
 1674  individual’s patient’s physician to be harmful to the individual
 1675  patient. If the individual’s patient’s right to inspect his or
 1676  her clinical record is restricted by the facility, written
 1677  notice of such restriction shall be given to the individual
 1678  patient and the individual’s patient’s guardian, guardian
 1679  advocate, health care surrogate or proxy, or attorney, and
 1680  representative. In addition, the restriction shall be recorded
 1681  in the clinical record, together with the reasons for it. The
 1682  restriction of an individual’s a patient’s right to inspect his
 1683  or her clinical record shall expire after 7 days but may be
 1684  renewed, after review, for subsequent 7-day periods.
 1685         Section 16. Effective July 1, 2016, subsection (1) of
 1686  section 394.462, Florida Statutes, is amended to read:
 1687         394.462 Transportation.—
 1688         (1) TRANSPORTATION TO A RECEIVING OR DETOXIFICATION
 1689  FACILITY.—
 1690         (a) Each county shall designate a single law enforcement
 1691  agency within the county, or portions thereof, to take an
 1692  individual a person into custody upon the entry of an ex parte
 1693  order or the execution of a certificate for involuntary
 1694  examination by an authorized professional and to transport that
 1695  individual person to the nearest receiving facility for
 1696  examination. The designated law enforcement agency may decline
 1697  to transport the individual person to a receiving or
 1698  detoxification facility only if:
 1699         1. The county or jurisdiction designated by the county has
 1700  contracted on an annual basis with an emergency medical
 1701  transport service or private transport company for
 1702  transportation of individuals persons to receiving facilities
 1703  pursuant to this section at the sole cost of the county; and
 1704         2. The law enforcement agency and the emergency medical
 1705  transport service or private transport company agree that the
 1706  continued presence of law enforcement personnel is not necessary
 1707  for the safety of the individuals being transported person or
 1708  others.
 1709         3. The jurisdiction designated by the county may seek
 1710  reimbursement for transportation expenses. The party responsible
 1711  for payment for such transportation is the person receiving the
 1712  transportation. The county shall seek reimbursement from the
 1713  following sources in the following order:
 1714         a. From an insurance company, health care corporation, or
 1715  other source, if the individual being transported person
 1716  receiving the transportation is covered by an insurance policy
 1717  or subscribes to a health care corporation or other source for
 1718  payment of such expenses.
 1719         b. From the individual being transported person receiving
 1720  the transportation.
 1721         c. From a financial settlement for medical care, treatment,
 1722  hospitalization, or transportation payable or accruing to the
 1723  injured party.
 1724         (b) Any company that transports a patient pursuant to this
 1725  subsection is considered an independent contractor and is solely
 1726  liable for the safe and dignified transportation of the patient.
 1727  Such company must be insured and provide no less than $100,000
 1728  in liability insurance with respect to the transportation of
 1729  patients.
 1730         (c) Any company that contracts with a governing board of a
 1731  county to transport patients shall comply with the applicable
 1732  rules of the department to ensure the safety and dignity of the
 1733  patients.
 1734         (d) When a law enforcement officer takes custody of a
 1735  person pursuant to this part, the officer may request assistance
 1736  from emergency medical personnel if such assistance is needed
 1737  for the safety of the officer or the person in custody.
 1738         (e) When a member of a mental health overlay program or a
 1739  mobile crisis response service is a professional authorized to
 1740  initiate an involuntary examination pursuant to s. 394.463 and
 1741  that professional evaluates a person and determines that
 1742  transportation to a receiving facility is needed, the service,
 1743  at its discretion, may transport the person to the facility or
 1744  may call on the law enforcement agency or other transportation
 1745  arrangement best suited to the needs of the patient.
 1746         (f) When a any law enforcement officer has custody of a
 1747  person, based on either noncriminal or minor criminal behavior,
 1748  a misdemeanor, or a felony other than a forcible felony as
 1749  defined in s. 776.08, who that meets the statutory guidelines
 1750  for involuntary examination under this part, the law enforcement
 1751  officer shall transport the individual person to the nearest
 1752  receiving facility for examination.
 1753         (g) When any law enforcement officer has arrested a person
 1754  for a forcible felony as defined in s. 776.08 and it appears
 1755  that the person meets the criteria statutory guidelines for
 1756  involuntary examination or placement under this part, such
 1757  person shall first be processed in the same manner as any other
 1758  criminal suspect. The law enforcement agency shall thereafter
 1759  immediately notify the nearest public receiving facility, which
 1760  shall be responsible for promptly arranging for the examination
 1761  and treatment of the person. A receiving facility may is not
 1762  required to admit a person charged with a forcible felony as
 1763  defined in s. 776.08 crime for whom the facility determines and
 1764  documents that it is unable to provide adequate security, but
 1765  shall provide mental health examination and treatment to the
 1766  person at the location where he or she is held.
 1767         (h) If the appropriate law enforcement officer believes
 1768  that a person has an emergency medical condition as defined in
 1769  s. 395.002, the person may be first transported to a hospital
 1770  for emergency medical treatment, regardless of whether the
 1771  hospital is a designated receiving facility.
 1772         (i) The costs of transportation, evaluation,
 1773  hospitalization, and treatment incurred under this subsection by
 1774  persons who have been arrested for violations of any state law
 1775  or county or municipal ordinance may be recovered as provided in
 1776  s. 901.35.
 1777         (j) The nearest receiving facility must accept persons
 1778  brought by law enforcement officers for involuntary examination.
 1779         (k) Each law enforcement agency shall develop a memorandum
 1780  of understanding with each receiving facility within the law
 1781  enforcement agency’s jurisdiction which reflects a single set of
 1782  protocols for the safe and secure transportation of the person
 1783  and transfer of custody of the person. These protocols must also
 1784  address crisis intervention measures.
 1785         (l) When a jurisdiction has entered into a contract with an
 1786  emergency medical transport service or a private transport
 1787  company for transportation of persons to receiving facilities,
 1788  such service or company shall be given preference for
 1789  transportation of persons from nursing homes, assisted living
 1790  facilities, adult day care centers, or adult family-care homes,
 1791  unless the behavior of the person being transported is such that
 1792  transportation by a law enforcement officer is necessary.
 1793         (m) Nothing in this section shall be construed to limit
 1794  emergency examination and treatment of incapacitated persons
 1795  provided in accordance with the provisions of s. 401.445.
 1796         Section 17. Effective July 1, 2016, subsections (1), (2),
 1797  (4), and (5) of section 394.4625, Florida Statutes, are amended
 1798  to read:
 1799         394.4625 Voluntary admissions.—
 1800         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
 1801  PATIENTS.—
 1802         (a) In order to be voluntarily admitted to a facility A
 1803  facility may receive for observation, diagnosis, or treatment:
 1804  any person 18 years of age or older making application by
 1805  express and informed consent for admission or any person age 17
 1806  or under for whom such application is made by his or her
 1807  guardian. If found to
 1808         1. An individual must show evidence of mental illness or
 1809  substance abuse impairment, to be competent to provide express
 1810  and informed consent, and to be suitable for treatment, such
 1811  person 18 years of age or older may be admitted to the facility.
 1812  A person age 17 or under may be admitted only after a hearing to
 1813  verify the voluntariness of the consent.
 1814         2. An individual must be suitable for treatment by the
 1815  facility.
 1816         3. An adult must provide, and be competent to provide,
 1817  express and informed consent.
 1818         4. A minor’s guardian must provide express and informed
 1819  consent, in conjunction with the consent of the minor. However,
 1820  a minor may be admitted to an addictions receiving facility or
 1821  detoxification facility by his or her own consent without his or
 1822  her guardian’s consent, if a physician documents in the clinical
 1823  record that the minor has a substance abuse impairment. If the
 1824  minor is admitted by his or her own consent and without the
 1825  consent of his or her guardian, the facility must request the
 1826  minor’s permission to notify an adult family member or friend of
 1827  the minor’s voluntary admission into the facility.
 1828         a. The consent of the minor is an affirmative agreement by
 1829  the minor to remain at the facility for examination and
 1830  treatment, and failure to object does not constitute consent.
 1831         b. The minor’s consent must be verified through a clinical
 1832  assessment that is documented in the clinical record and
 1833  conducted within 12 hours after arrival at the facility by a
 1834  licensed professional authorized to initiate an involuntary
 1835  examination pursuant to s. 394.463.
 1836         c. In verifying the minor’s consent, and using language
 1837  that is appropriate to the minor’s age, experience, maturity,
 1838  and condition, the examining professional must provide the minor
 1839  with an explanation as to why the minor will be examined and
 1840  treated, what the minor can expect while in the facility, and
 1841  when the minor may expect to be released. The examining
 1842  professional must determine and document that the minor is able
 1843  to understand the information.
 1844         d. Unless the minor’s consent is verified pursuant to this
 1845  section, a petition for involuntary inpatient placement shall be
 1846  filed with the court within 1 court working day after his or her
 1847  arrival or the minor must be released to his or her guardian.
 1848         (b) A mental health overlay program or a mobile crisis
 1849  response service or a licensed professional who is authorized to
 1850  initiate an involuntary examination pursuant to s. 394.463 and
 1851  is employed by a community mental health center or clinic must,
 1852  pursuant to district procedure approved by the respective
 1853  district administrator, conduct an initial assessment of the
 1854  ability of the following persons to give express and informed
 1855  consent to treatment before such persons may be admitted
 1856  voluntarily:
 1857         1. A person 60 years of age or older for whom transfer is
 1858  being sought from a nursing home, assisted living facility,
 1859  adult day care center, or adult family-care home, when such
 1860  person has been diagnosed as suffering from dementia.
 1861         2. A person 60 years of age or older for whom transfer is
 1862  being sought from a nursing home pursuant to s. 400.0255(12).
 1863         3. A person for whom all decisions concerning medical
 1864  treatment are currently being lawfully made by the health care
 1865  surrogate or proxy designated under chapter 765.
 1866         (c) When an initial assessment of the ability of a person
 1867  to give express and informed consent to treatment is required
 1868  under this section, and a mobile crisis response service does
 1869  not respond to the request for an assessment within 2 hours
 1870  after the request is made or informs the requesting facility
 1871  that it will not be able to respond within 2 hours after the
 1872  request is made, the requesting facility may arrange for
 1873  assessment by any licensed professional authorized to initiate
 1874  an involuntary examination pursuant to s. 394.463 who is not
 1875  employed by or under contract with, and does not have a
 1876  financial interest in, either the facility initiating the
 1877  transfer or the receiving facility to which the transfer may be
 1878  made.
 1879         (d) A facility may not admit as a voluntary patient a
 1880  person who has been adjudicated incapacitated, unless the
 1881  condition of incapacity has been judicially removed. If a
 1882  facility admits as a voluntary patient a person who is later
 1883  determined to have been adjudicated incapacitated, and the
 1884  condition of incapacity had not been removed by the time of the
 1885  admission, the facility must either discharge the patient or
 1886  transfer the patient to involuntary status.
 1887         (e) The health care surrogate or proxy of an individual on
 1888  a voluntary status patient may not consent to the provision of
 1889  mental health treatment or substance abuse treatment for that
 1890  individual the patient. An individual on voluntary status A
 1891  voluntary patient who is unwilling or unable to provide express
 1892  and informed consent to mental health treatment must either be
 1893  discharged or transferred to involuntary status.
 1894         (f) Within 24 hours after admission of a voluntary patient,
 1895  the admitting physician shall document in the patient’s clinical
 1896  record that the patient is able to give express and informed
 1897  consent for admission. If the patient is not able to give
 1898  express and informed consent for admission, the facility shall
 1899  either discharge the patient or transfer the patient to
 1900  involuntary status pursuant to subsection (5).
 1901         (2) RELEASE OR DISCHARGE OF VOLUNTARY PATIENTS.—
 1902         (a) A facility shall discharge a voluntary patient:
 1903         1. Who has sufficiently improved so that retention in the
 1904  facility is no longer desirable. A patient may also be
 1905  discharged to the care of a community facility.
 1906         2. Who revokes consent to admission or requests discharge.
 1907  A voluntary patient or a relative, friend, or attorney of the
 1908  patient may request discharge either orally or in writing at any
 1909  time following admission to the facility. The patient must be
 1910  discharged within 24 hours of the request, unless the request is
 1911  rescinded or the patient is transferred to involuntary status
 1912  pursuant to this section. The 24-hour time period may be
 1913  extended by a treatment facility when necessary for adequate
 1914  discharge planning, but shall not exceed 3 days exclusive of
 1915  weekends and holidays. If the patient, or another on the
 1916  patient’s behalf, makes an oral request for discharge to a staff
 1917  member, such request shall be immediately entered in the
 1918  patient’s clinical record. If the request for discharge is made
 1919  by a person other than the patient, the discharge may be
 1920  conditioned upon the express and informed consent of the
 1921  patient.
 1922         (b) A voluntary patient who has been admitted to a facility
 1923  and who refuses to consent to or revokes consent to treatment
 1924  shall be discharged within 24 hours after such refusal or
 1925  revocation, unless transferred to involuntary status pursuant to
 1926  this section or unless the refusal or revocation is freely and
 1927  voluntarily rescinded by the patient.
 1928         (c) An individual on voluntary status who is currently
 1929  charged with a crime shall be returned to the custody of a law
 1930  enforcement officer upon release or discharge from a facility,
 1931  unless the individual has been released from law enforcement
 1932  custody by posting of a bond, by a pretrial conditional release,
 1933  or by other judicial release.
 1934         (4) TRANSFER TO VOLUNTARY STATUS.—An individual on
 1935  involuntary status patient who has been assessed and certified
 1936  by a physician or psychologist as competent to provide express
 1937  and informed consent and who applies to be transferred to
 1938  voluntary status shall be transferred to voluntary status
 1939  immediately, unless the individual patient has been charged with
 1940  a crime, or has been involuntarily placed for treatment by a
 1941  court pursuant to s. 394.467 and continues to meet the criteria
 1942  for involuntary placement. When transfer to voluntary status
 1943  occurs, notice shall be given as provided in s. 394.4599.
 1944         (5) TRANSFER TO INVOLUNTARY STATUS.—If an individual on
 1945  When a voluntary status patient, or an authorized person on the
 1946  individual’s patient’s behalf, makes a request for discharge,
 1947  the request for discharge, unless freely and voluntarily
 1948  rescinded, must be communicated to a physician, clinical
 1949  psychologist, or psychiatrist as quickly as possible within, but
 1950  not later than 12 hours after the request is made. If the
 1951  individual patient meets the criteria for involuntary placement,
 1952  the individual must be transferred to a designated receiving
 1953  facility and the administrator of the receiving facility where
 1954  the individual is held must file with the court a petition for
 1955  involuntary placement, within 2 court working days after the
 1956  request for discharge is made. If the petition is not filed
 1957  within 2 court working days, the individual must patient shall
 1958  be discharged. Pending the filing of the petition, the
 1959  individual patient may be held and emergency mental health
 1960  treatment rendered in the least restrictive manner, upon the
 1961  written order of a physician, if it is determined that such
 1962  treatment is necessary for the safety of the individual patient
 1963  or others.
 1964         Section 18. Effective July 1, 2016, section 394.463,
 1965  Florida Statutes, is amended to read:
 1966         394.463 Involuntary examination.—
 1967         (1) CRITERIA.—A person may be subject to an taken to a
 1968  receiving facility for involuntary examination if there is
 1969  reason to believe that he or she the person has a mental illness
 1970  or substance abuse impairment and because of this his or her
 1971  mental illness or substance abuse impairment:
 1972         (a)1. The person has refused voluntary examination after
 1973  conscientious explanation and disclosure of the purpose of the
 1974  examination; or
 1975         2. The person is unable to determine for himself or herself
 1976  whether examination is necessary; and
 1977         (b)1. Without care or treatment, the person is likely to
 1978  suffer from neglect or refuse to care for himself or herself;
 1979  such neglect or refusal poses a real and present threat of
 1980  substantial harm to his or her well-being; and it is not
 1981  apparent that such harm may be avoided through the help of
 1982  willing family members or friends or the provision of other
 1983  services; or
 1984         2. There is a substantial likelihood that without care or
 1985  treatment the person will cause serious bodily harm to himself
 1986  or herself or others in the near future, as evidenced by recent
 1987  behavior.
 1988         (2) INVOLUNTARY EXAMINATION.—
 1989         (a) An involuntary examination may be initiated by any one
 1990  of the following means:
 1991         1. A court may enter an ex parte order stating that an
 1992  individual a person appears to meet the criteria for involuntary
 1993  examination, giving the findings on which that conclusion is
 1994  based. The ex parte order for involuntary examination must be
 1995  based on sworn testimony, written or oral, which includes
 1996  specific facts that support the finding that the criteria have
 1997  been met. Any behavior relied on for the issuance of an ex parte
 1998  order must have occurred within the preceding 7 calendar days.
 1999  The order must specify whether the individual must be taken to a
 2000  mental health facility, detoxification facility, or addictions
 2001  receiving facility. If other less restrictive means are not
 2002  available, such as voluntary appearance for outpatient
 2003  evaluation, A law enforcement officer, or other designated agent
 2004  of the court, shall take the individual person into custody and
 2005  deliver him or her to the nearest receiving facility of the type
 2006  specified in the order for involuntary examination. However, if
 2007  the county in which the individual is taken into custody has a
 2008  transportation exception plan specifying a central receiving
 2009  facility, the law enforcement officer shall transport the
 2010  individual to the central receiving facility pursuant to the
 2011  plan. The order of the court order must shall be made a part of
 2012  the patient’s clinical record. A No fee may not shall be charged
 2013  for the filing of an order under this subsection. Any receiving
 2014  facility accepting the individual patient based on the court’s
 2015  this order must send a copy of the order to the Agency for
 2016  Health Care Administration on the next working day. The order is
 2017  shall be valid only until executed or, if not executed, for the
 2018  period specified in the order itself. If no time limit is
 2019  specified in the order, the order is shall be valid for 7 days
 2020  after the date it that the order was signed.
 2021         2. A law enforcement officer shall take a person who
 2022  appears to meet the criteria for involuntary examination into
 2023  custody and deliver the person or have him or her delivered to
 2024  the nearest mental health receiving facility, addictions
 2025  receiving facility, or detoxification facility, whichever the
 2026  officer determines is most appropriate for examination. However,
 2027  if the county in which the individual taken into custody has a
 2028  transportation exception plan specifying a central receiving
 2029  facility, the law enforcement officer shall transport the
 2030  individual to the central receiving facility pursuant to the
 2031  plan. The officer shall complete execute a written report
 2032  detailing the circumstances under which the individual person
 2033  was taken into custody., and The report shall be made a part of
 2034  the patient’s clinical record. Any receiving facility or
 2035  detoxification facility accepting the individual patient based
 2036  on the this report must send a copy of the report to the Agency
 2037  for Health Care Administration on the next working day.
 2038         3. A physician, clinical psychologist, psychiatric nurse,
 2039  mental health counselor, marriage and family therapist, or
 2040  clinical social worker may execute a certificate stating that he
 2041  or she has examined the individual a person within the preceding
 2042  48 hours and finds that the individual person appears to meet
 2043  the criteria for involuntary examination and stating the
 2044  observations upon which that conclusion is based. The
 2045  certificate must specify whether the individual is to be taken
 2046  to a mental health receiving facility, an addictions receiving
 2047  facility, or a detoxification facility, and must include
 2048  specific facts supporting the conclusion that the individual
 2049  would benefit from services provided by the type of facility
 2050  specified. If other less restrictive means are not available,
 2051  such as voluntary appearance for outpatient evaluation, A law
 2052  enforcement officer shall take the individual person named in
 2053  the certificate into custody and deliver him or her to the
 2054  nearest receiving facility of the type specified in the
 2055  certificate for involuntary examination. However, if the county
 2056  in which the individual is taken into custody has a
 2057  transportation exception plan specifying a central receiving
 2058  facility, the law enforcement officer shall transport the
 2059  individual to the central receiving facility pursuant to the
 2060  plan. A law enforcement officer may only take an individual into
 2061  custody on the basis of a certificate within 7 calendar days
 2062  after execution of the certificate. The law enforcement officer
 2063  shall complete execute a written report detailing the
 2064  circumstances under which the individual person was taken into
 2065  custody. The report and certificate shall be made a part of the
 2066  patient’s clinical record. Any receiving facility accepting the
 2067  individual patient based on the this certificate must send a
 2068  copy of the certificate to the Agency for Health Care
 2069  Administration on the next working day.
 2070         (b) An individual may A person shall not be removed from a
 2071  any program or residential placement licensed under chapter 400
 2072  or chapter 429 and transported to a receiving facility for
 2073  involuntary examination unless an ex parte order, a professional
 2074  certificate, or a law enforcement officer’s report is first
 2075  prepared. If the condition of the individual person is such that
 2076  preparation of a law enforcement officer’s report is not
 2077  practicable before removal, the report must shall be completed
 2078  as soon as possible after removal, but in any case before the
 2079  individual person is transported to a receiving facility. A
 2080  receiving facility admitting an individual a person for
 2081  involuntary examination who is not accompanied by the required
 2082  ex parte order, professional certificate, or law enforcement
 2083  officer’s report must shall notify the Agency for Health Care
 2084  Administration of such admission by certified mail by no later
 2085  than the next working day. The provisions of this paragraph do
 2086  not apply when transportation is provided by the patient’s
 2087  family or guardian.
 2088         (c) A law enforcement officer acting in accordance with an
 2089  ex parte order issued pursuant to this subsection may serve and
 2090  execute such order on any day of the week, at any time of the
 2091  day or night.
 2092         (d) A law enforcement officer acting in accordance with an
 2093  ex parte order issued pursuant to this subsection may use such
 2094  reasonable physical force as is necessary to gain entry to the
 2095  premises, and any dwellings, buildings, or other structures
 2096  located on the premises, and to take custody of the person who
 2097  is the subject of the ex parte order.
 2098         (e) Petitions and The Agency for Health Care Administration
 2099  shall receive and maintain the copies of ex parte orders,
 2100  involuntary outpatient placement orders, involuntary outpatient
 2101  placement petitions and orders issued pursuant to s. 394.4655,
 2102  involuntary inpatient placement petitions and orders issued
 2103  pursuant to s. 394.467, professional certificates, and law
 2104  enforcement officers’ reports are. These documents shall be
 2105  considered part of the clinical record, governed by the
 2106  provisions of s. 394.4615. The agency shall prepare annual
 2107  reports analyzing the data obtained from these documents,
 2108  without information identifying individuals held for examination
 2109  or admitted for mental health and substance abuse treatment
 2110  patients, and shall provide copies of reports to the department,
 2111  the President of the Senate, the Speaker of the House of
 2112  Representatives, and the minority leaders of the Senate and the
 2113  House of Representatives.
 2114         (f) An individual held for examination A patient shall be
 2115  examined by a physician, a or clinical psychologist, or a
 2116  psychiatric nurse performing within the framework of an
 2117  established protocol with a psychiatrist at a receiving facility
 2118  without unnecessary delay and may, upon the order of a
 2119  physician, be given emergency mental health or substance abuse
 2120  treatment if it is determined that such treatment is necessary
 2121  for the safety of the individual patient or others. The patient
 2122  may not be released by the receiving facility or its contractor
 2123  without the documented approval of a psychiatrist, a clinical
 2124  psychologist, or, if the receiving facility is a hospital, the
 2125  release may also be approved by an attending emergency
 2126  department physician with experience in the diagnosis and
 2127  treatment of mental and nervous disorders and after completion
 2128  of an involuntary examination pursuant to this subsection.
 2129  However, a patient may not be held in a receiving facility for
 2130  involuntary examination longer than 72 hours.
 2131         (g) An individual may not be held for involuntary
 2132  examination for more than 72 hours from the time of the
 2133  individual’s arrival at the facility, except that this period
 2134  may be extended by 48 hours if a physician documents in the
 2135  clinical record that the individual has ongoing symptoms of
 2136  substance intoxication or substance withdrawal and the
 2137  individual would likely experience significant clinical benefit
 2138  from detoxification services. This determination must be made
 2139  based on a face-to-face examination conducted by the physician
 2140  no less than 48 hours and not more than 72 hours after the
 2141  individual’s arrival at the facility. Based on the individual’s
 2142  needs, one of the following actions must be taken within the
 2143  involuntary examination period:
 2144         1. The individual shall be released with the approval of a
 2145  psychiatrist or clinical psychologist. However, if the
 2146  examination is conducted in a receiving facility that is owned
 2147  or operated by a hospital or health system, an emergency
 2148  department physician or a psychiatric nurse performing within
 2149  the framework of an established protocol with a psychiatrist may
 2150  approve the release. A psychiatric nurse may not approve the
 2151  release of a patient when the involuntary examination has been
 2152  initiated by a psychiatrist, unless the release is approved by
 2153  the initiating psychiatrist.
 2154         2. The individual shall be asked to provide express and
 2155  informed consent for voluntary admission if a physician or
 2156  psychologist has determined that the individual is competent to
 2157  consent to treatment; or
 2158         3. A petition for involuntary placement shall be completed
 2159  and filed in the circuit court by the receiving facility
 2160  administrator if involuntary outpatient or inpatient placement
 2161  is deemed necessary. If the 72-hour period ends on a weekend or
 2162  legal holiday, the petition must be filed by the next working
 2163  day. If inpatient placement is deemed necessary, the least
 2164  restrictive treatment consistent with the optimum improvement of
 2165  the individual’s condition must be made available.
 2166         (h) An individual released from a receiving or treatment
 2167  facility on a voluntary or involuntary basis who is currently
 2168  charged with a crime shall be returned to the custody of law
 2169  enforcement, unless the individual has been released from law
 2170  enforcement custody by posting of a bond, by a pretrial
 2171  conditional release, or by other judicial release.
 2172         (i)If an individual A person for whom an involuntary
 2173  examination has been initiated who is being evaluated or treated
 2174  at a hospital for an emergency medical condition specified in s.
 2175  395.002 the involuntary examination period must be examined by a
 2176  receiving facility within 72 hours. The 72-hour period begins
 2177  when the individual patient arrives at the hospital and ceases
 2178  when a the attending physician documents that the individual
 2179  patient has an emergency medical condition. The 72-hour period
 2180  resumes when the physician documents that the emergency medical
 2181  condition has stabilized or does not exist. If the patient is
 2182  examined at a hospital providing emergency medical services by a
 2183  professional qualified to perform an involuntary examination and
 2184  is found as a result of that examination not to meet the
 2185  criteria for involuntary outpatient placement pursuant to s.
 2186  394.4655(1) or involuntary inpatient placement pursuant to s.
 2187  394.467(1), the patient may be offered voluntary placement, if
 2188  appropriate, or released directly from the hospital providing
 2189  emergency medical services. The finding by the professional that
 2190  the patient has been examined and does not meet the criteria for
 2191  involuntary inpatient placement or involuntary outpatient
 2192  placement must be entered into the patient’s clinical record.
 2193  Nothing in this paragraph is intended to prevent A hospital
 2194  providing emergency medical services may transfer an individual
 2195  from appropriately transferring a patient to another hospital
 2196  before prior to stabilization if, provided the requirements of
 2197  s. 395.1041(3)(c) are have been met. One of the following
 2198  actions must occur within 12 hours after a physician documents
 2199  that the individual’s emergency medical condition has stabilized
 2200  or does not exist:
 2201         (h) One of the following must occur within 12 hours after
 2202  the patient’s attending physician documents that the patient’s
 2203  medical condition has stabilized or that an emergency medical
 2204  condition does not exist:
 2205         1. The individual shall be examined by a physician,
 2206  psychiatric nurse, or psychologist and, if found not to meet the
 2207  criteria for involuntary examination under to this section,
 2208  shall be released directly from the hospital providing the
 2209  emergency medical services. The results of the examination,
 2210  including the final disposition, shall be entered into the
 2211  clinical record; or
 2212         2. The individual shall be transferred to a receiving
 2213  facility for examination if appropriate medical and mental
 2214  health treatment is available. However, the receiving facility
 2215  must be notified of the transfer within 2 hours after the
 2216  individual’s condition has been stabilized or after
 2217  determination that an emergency medical condition does not
 2218  exist. The patient must be examined by a designated receiving
 2219  facility and released; or
 2220         2. The patient must be transferred to a designated
 2221  receiving facility in which appropriate medical treatment is
 2222  available. However, the receiving facility must be notified of
 2223  the transfer within 2 hours after the patient’s condition has
 2224  been stabilized or after determination that an emergency medical
 2225  condition does not exist.
 2226         (i) Within the 72-hour examination period or, if the 72
 2227  hours ends on a weekend or holiday, no later than the next
 2228  working day thereafter, one of the following actions must be
 2229  taken, based on the individual needs of the patient:
 2230         1. The patient shall be released, unless he or she is
 2231  charged with a crime, in which case the patient shall be
 2232  returned to the custody of a law enforcement officer;
 2233         2. The patient shall be released, subject to the provisions
 2234  of subparagraph 1., for voluntary outpatient treatment;
 2235         3. The patient, unless he or she is charged with a crime,
 2236  shall be asked to give express and informed consent to placement
 2237  as a voluntary patient, and, if such consent is given, the
 2238  patient shall be admitted as a voluntary patient; or
 2239         4. A petition for involuntary placement shall be filed in
 2240  the circuit court when outpatient or inpatient treatment is
 2241  deemed necessary. When inpatient treatment is deemed necessary,
 2242  the least restrictive treatment consistent with the optimum
 2243  improvement of the patient’s condition shall be made available.
 2244  When a petition is to be filed for involuntary outpatient
 2245  placement, it shall be filed by one of the petitioners specified
 2246  in s. 394.4655(3)(a). A petition for involuntary inpatient
 2247  placement shall be filed by the facility administrator.
 2248         (3) NOTICE OF RELEASE.—Notice of the release shall be given
 2249  to the individual’s patient’s guardian, health care surrogate or
 2250  proxy, or representative, to any person who executed a
 2251  certificate admitting the individual patient to the receiving
 2252  facility, and to any court that which ordered the individual’s
 2253  examination patient’s evaluation.
 2254         Section 19. Effective July 1, 2016, section 394.4655,
 2255  Florida Statutes, is amended to read:
 2256         394.4655 Involuntary outpatient placement.—
 2257         (1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.—An
 2258  individual A person may be ordered to involuntary outpatient
 2259  placement upon a finding of the court that by clear and
 2260  convincing evidence that:
 2261         (a) The individual is an adult person is 18 years of age or
 2262  older;
 2263         (b) The individual person has a mental illness or substance
 2264  abuse impairment;
 2265         (c) The individual person is unlikely to survive safely in
 2266  the community without supervision, based on a clinical
 2267  determination;
 2268         (d) The individual person has a history of lack of
 2269  compliance with treatment for mental illness or substance abuse
 2270  impairment;
 2271         (e) The individual person has:
 2272         1. Within At least twice within the immediately preceding
 2273  36 months, been involuntarily admitted to a receiving or
 2274  treatment facility as defined in s. 394.455, or has received
 2275  mental health or substance abuse services in a forensic or
 2276  correctional facility. The 36-month period does not include any
 2277  period during which the individual person was admitted or
 2278  incarcerated; or
 2279         2. Engaged in one or more acts of serious violent behavior
 2280  toward self or others, or attempts at serious bodily harm to
 2281  himself or herself or others, within the preceding 36 months;
 2282         (f) Due to The person is, as a result of his or her mental
 2283  illness or substance abuse impairment, the individual is,
 2284  unlikely to voluntarily participate in the recommended treatment
 2285  plan and either he or she has refused voluntary placement for
 2286  treatment after sufficient and conscientious explanation and
 2287  disclosure of the purpose of placement for treatment or he or
 2288  she is unable to determine for himself or herself whether
 2289  placement is necessary;
 2290         (g) In view of the individual’s person’s treatment history
 2291  and current behavior, the individual person is in need of
 2292  involuntary outpatient placement in order to prevent a relapse
 2293  or deterioration that would be likely to result in serious
 2294  bodily harm to self himself or herself or others, or a
 2295  substantial harm to his or her well-being as set forth in s.
 2296  394.463(1);
 2297         (h) It is likely that the individual person will benefit
 2298  from involuntary outpatient placement; and
 2299         (i) All available, less restrictive alternatives that would
 2300  offer an opportunity for improvement of his or her condition
 2301  have been judged to be inappropriate or unavailable.
 2302         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
 2303         (a)1.An individual A patient who is being recommended for
 2304  involuntary outpatient placement by the administrator of the
 2305  receiving facility where he or she the patient has been examined
 2306  may be retained by the facility after adherence to the notice
 2307  procedures provided in s. 394.4599.
 2308         1. The recommendation must be supported by the opinion of a
 2309  psychiatrist and the second opinion of a clinical psychologist
 2310  or another psychiatrist, both of whom have personally examined
 2311  the individual patient within the preceding 72 hours, that the
 2312  criteria for involuntary outpatient placement are met. However,
 2313  in a county having a population of fewer than 50,000, if the
 2314  administrator certifies that a psychiatrist or clinical
 2315  psychologist is not available to provide the second opinion, the
 2316  second opinion may be provided by a licensed physician who has
 2317  postgraduate training and experience in diagnosis and treatment
 2318  of mental and nervous disorders or by a psychiatric nurse. Any
 2319  second opinion authorized in this subparagraph may be conducted
 2320  through a face-to-face examination, in person or by electronic
 2321  means. Such recommendation must be entered on an involuntary
 2322  outpatient placement certificate that authorizes the receiving
 2323  facility to retain the individual patient pending completion of
 2324  a hearing. The certificate shall be made a part of the patient’s
 2325  clinical record.
 2326         2. If the individual patient has been stabilized and no
 2327  longer meets the criteria for involuntary examination pursuant
 2328  to s. 394.463(1), he or she the patient must be released from
 2329  the receiving facility while awaiting the hearing for
 2330  involuntary outpatient placement.
 2331         3. Before filing a petition for involuntary outpatient
 2332  treatment, the administrator of the a receiving facility or a
 2333  designated department representative must identify the service
 2334  provider that will have primary responsibility for service
 2335  provision under an order for involuntary outpatient placement,
 2336  unless the individual person is otherwise participating in
 2337  outpatient psychiatric treatment and is not in need of public
 2338  financing for that treatment, in which case the individual, if
 2339  eligible, may be ordered to involuntary treatment pursuant to
 2340  the existing psychiatric treatment relationship.
 2341         4.3. The service provider shall prepare a written proposed
 2342  treatment plan in consultation with the individual being held
 2343  patient or his or her the patient’s guardian advocate, if
 2344  appointed, for the court’s consideration for inclusion in the
 2345  involuntary outpatient placement order. The service provider
 2346  shall also provide a copy of the proposed treatment plan to the
 2347  individual patient and the administrator of the receiving
 2348  facility. The treatment plan must specify the nature and extent
 2349  of the individual’s patient’s mental illness or substance abuse
 2350  impairment, address the reduction of symptoms that necessitate
 2351  involuntary outpatient placement, and include measurable goals
 2352  and objectives for the services and treatment that are provided
 2353  to treat the individual’s person’s mental illness or substance
 2354  abuse impairment and assist the individual person in living and
 2355  functioning in the community or to prevent a relapse or
 2356  deterioration. Service providers may select and supervise other
 2357  providers individuals to implement specific aspects of the
 2358  treatment plan. The services in the treatment plan must be
 2359  deemed clinically appropriate by a physician, clinical
 2360  psychologist, psychiatric nurse, mental health counselor,
 2361  marriage and family therapist, or clinical social worker who
 2362  consults with, or is employed or contracted by, the service
 2363  provider. The service provider must certify to the court in the
 2364  proposed treatment plan whether sufficient services for
 2365  improvement and stabilization are currently available and
 2366  whether the service provider agrees to provide those services.
 2367  If the service provider certifies that the services in the
 2368  proposed treatment plan are not available, the petitioner may
 2369  not file the petition.
 2370         (b) If an individual a patient in involuntary inpatient
 2371  placement meets the criteria for involuntary outpatient
 2372  placement, the administrator of the treatment facility may,
 2373  before the expiration of the period during which the treatment
 2374  facility is authorized to retain the individual patient,
 2375  recommend involuntary outpatient placement.
 2376         1. The recommendation must be supported by the opinion of a
 2377  psychiatrist and the second opinion of a clinical psychologist
 2378  or another psychiatrist, both of whom have personally examined
 2379  the individual patient within the preceding 72 hours, that the
 2380  criteria for involuntary outpatient placement are met. However,
 2381  in a county having a population of fewer than 50,000, if the
 2382  administrator certifies that a psychiatrist or clinical
 2383  psychologist is not available to provide the second opinion, the
 2384  second opinion may be provided by a licensed physician who has
 2385  postgraduate training and experience in diagnosis and treatment
 2386  of mental and nervous disorders or by a psychiatric nurse. Any
 2387  second opinion authorized in this subparagraph may be conducted
 2388  through a face-to-face examination, in person or by electronic
 2389  means. Such recommendation must be entered on an involuntary
 2390  outpatient placement certificate, and the certificate must be
 2391  made a part of the individual’s patient’s clinical record.
 2392         2.(c)1. The administrator of the treatment facility shall
 2393  provide a copy of the involuntary outpatient placement
 2394  certificate and a copy of the state mental health discharge form
 2395  to a department representative in the county where the
 2396  individual patient will be residing. For persons who are leaving
 2397  a state mental health treatment facility, the petition for
 2398  involuntary outpatient placement must be filed in the county
 2399  where the patient will be residing.
 2400         3.2. The service provider that will have primary
 2401  responsibility for service provision shall be identified by the
 2402  designated department representative prior to the order for
 2403  involuntary outpatient placement and must, before prior to
 2404  filing a petition for involuntary outpatient placement, certify
 2405  to the court whether the services recommended in the
 2406  individual’s patient’s discharge plan are available in the local
 2407  community and whether the service provider agrees to provide
 2408  those services. The service provider must develop with the
 2409  individual patient, or the patient’s guardian advocate, if one
 2410  is appointed, a treatment or service plan that addresses the
 2411  needs identified in the discharge plan. The plan must be deemed
 2412  to be clinically appropriate by a physician, clinical
 2413  psychologist, psychiatric nurse, mental health counselor,
 2414  marriage and family therapist, or clinical social worker, as
 2415  defined in this chapter, who consults with, or is employed or
 2416  contracted by, the service provider.
 2417         3. If the service provider certifies that the services in
 2418  the proposed treatment or service plan are not available, the
 2419  petitioner may not file the petition.
 2420         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
 2421         (a) A petition for involuntary outpatient placement may be
 2422  filed by:
 2423         1. The administrator of a mental health receiving facility,
 2424  an addictions receiving facility, or a detoxification facility;
 2425  or
 2426         2. The administrator of a treatment facility.
 2427         (b) Each required criterion for involuntary outpatient
 2428  placement must be alleged and substantiated in the petition for
 2429  involuntary outpatient placement. A copy of the certificate
 2430  recommending involuntary outpatient placement completed by a
 2431  qualified professional specified in subsection (2) must be
 2432  attached to the petition. A copy of the proposed treatment plan
 2433  must be attached to the petition. Before the petition is filed,
 2434  the service provider shall certify that the services in the
 2435  proposed treatment plan are available. If the necessary services
 2436  are not available in the patient’s local community where the
 2437  individual will reside to respond to the person’s individual
 2438  needs, the petition may not be filed.
 2439         (c) A The petition for involuntary outpatient placement
 2440  must be filed in the county where the individual who is the
 2441  subject of the petition patient is located, unless the
 2442  individual patient is being placed from a state treatment
 2443  facility, in which case the petition must be filed in the county
 2444  where the individual patient will reside. When the petition is
 2445  has been filed, the clerk of the court shall provide copies of
 2446  the petition and the proposed treatment plan to the department,
 2447  the individual patient, the individual’s patient’s guardian,
 2448  guardian advocate, health care surrogate or proxy, or
 2449  representative, the state attorney, and the public defender or
 2450  the individual’s patient’s private counsel. A fee may not be
 2451  charged for filing a petition under this subsection.
 2452         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2453  after the filing of a petition for involuntary outpatient
 2454  placement, the court shall appoint the public defender to
 2455  represent the individual person who is the subject of the
 2456  petition, unless the individual person is otherwise represented
 2457  by counsel. The clerk of the court shall immediately notify the
 2458  public defender of the appointment. The public defender shall
 2459  represent the individual person until the petition is dismissed,
 2460  the court order expires, or the individual patient is discharged
 2461  from involuntary outpatient placement. An attorney who
 2462  represents the individual patient shall have access to the
 2463  individual patient, witnesses, and records relevant to the
 2464  presentation of the individual’s patient’s case and shall
 2465  represent the interests of the individual patient, regardless of
 2466  the source of payment to the attorney. An attorney representing
 2467  an individual in proceedings under this part shall advocate the
 2468  individual’s expressed desires and must be present and actively
 2469  participate in all hearings on involuntary placement.
 2470         (5) CONTINUANCE OF HEARING.—The individual patient is
 2471  entitled, with the concurrence of the individual’s patient’s
 2472  counsel, to at least one continuance of the hearing. The
 2473  continuance shall be for a period of up to 4 weeks.
 2474         (6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
 2475         (a)1. The court shall hold the hearing on involuntary
 2476  outpatient placement within 5 court working days after the
 2477  filing of the petition, unless a continuance is granted. The
 2478  hearing shall be held in the county where the petition is filed,
 2479  shall be as convenient to the individual who is the subject of
 2480  the petition patient as is consistent with orderly procedure,
 2481  and shall be conducted in physical settings not likely to be
 2482  injurious to the individual’s patient’s condition. If the court
 2483  finds that the individual’s patient’s attendance at the hearing
 2484  is not consistent with the best interests of the individual
 2485  patient and if the individual’s patient’s counsel does not
 2486  object, the court may waive the presence of the individual
 2487  patient from all or any portion of the hearing. The state
 2488  attorney for the circuit in which the individual patient is
 2489  located shall represent the state, rather than the petitioner,
 2490  as the real party in interest in the proceeding. The state
 2491  attorney shall have access to the individual’s clinical record
 2492  and witnesses and shall independently evaluate the allegations
 2493  set forth in the petition for involuntary placement. If the
 2494  allegations are substantiated, the state attorney shall
 2495  prosecute the petition. If the allegations are not
 2496  substantiated, the state attorney shall withdraw the petition.
 2497         (b)2. The court may appoint a magistrate master to preside
 2498  at the hearing. One of the professionals who executed the
 2499  involuntary outpatient placement certificate shall be a witness.
 2500  The individual who is the subject of the petition patient and
 2501  his or her the patient’s guardian, guardian advocate, health
 2502  care surrogate or proxy, or representative shall be informed by
 2503  the court of the right to an independent expert examination. If
 2504  the individual patient cannot afford such an examination, the
 2505  court shall provide for one. The independent expert’s report is
 2506  shall be confidential and not discoverable, unless the expert is
 2507  to be called as a witness for the individual patient at the
 2508  hearing. The court shall allow testimony from persons
 2509  individuals, including family members, deemed by the court to be
 2510  relevant under state law, regarding the individual’s person’s
 2511  prior history and how that prior history relates to the
 2512  individual’s person’s current condition. The testimony in the
 2513  hearing must be given under oath, and the proceedings must be
 2514  recorded. The individual patient may refuse to testify at the
 2515  hearing.
 2516         (c) The court shall consider testimony and evidence
 2517  regarding the competence of the individual being held to consent
 2518  to treatment. If the court finds that the individual is
 2519  incompetent to consent, it shall appoint a guardian advocate as
 2520  provided in s. 394.4598.
 2521         (7) COURT ORDER.—
 2522         (a)(b)1. If the court concludes that the individual who is
 2523  the subject of the petition patient meets the criteria for
 2524  involuntary outpatient placement under pursuant to subsection
 2525  (1), the court shall issue an order for involuntary outpatient
 2526  placement. The court order may shall be for a period of up to 6
 2527  months. The order must specify the nature and extent of the
 2528  individual’s patient’s mental illness or substance abuse
 2529  impairment. The court order of the court and the treatment plan
 2530  must shall be made part of the individual’s patient’s clinical
 2531  record. The service provider shall discharge an individual a
 2532  patient from involuntary outpatient placement when the order
 2533  expires or any time the individual patient no longer meets the
 2534  criteria for involuntary placement. Upon discharge, the service
 2535  provider shall send a certificate of discharge to the court.
 2536         (b)2. The court may not order the department or the service
 2537  provider to provide services if the program or service is not
 2538  available in the patient’s local community of the individual
 2539  being served, if there is no space available in the program or
 2540  service for the individual patient, or if funding is not
 2541  available for the program or service. A copy of the order must
 2542  be sent to the Agency for Health Care Administration by the
 2543  service provider within 1 working day after it is received from
 2544  the court. After the placement order is issued, the service
 2545  provider and the individual patient may modify provisions of the
 2546  treatment plan. For any material modification of the treatment
 2547  plan to which the individual patient or the individual’s
 2548  patient’s guardian advocate, if appointed, does agree, the
 2549  service provider shall send notice of the modification to the
 2550  court. Any material modifications of the treatment plan which
 2551  are contested by the individual patient or the individual’s
 2552  patient’s guardian advocate, if appointed, must be approved or
 2553  disapproved by the court consistent with the requirements of
 2554  subsection (2).
 2555         (c)3. If, in the clinical judgment of a physician, the
 2556  individual being served patient has failed or has refused to
 2557  comply with the treatment ordered by the court, and, in the
 2558  clinical judgment of the physician, efforts were made to solicit
 2559  compliance and the individual patient may meet the criteria for
 2560  involuntary examination, the individual a person may be brought
 2561  to a receiving facility pursuant to s. 394.463 for involuntary
 2562  examination. If, after examination, the individual patient does
 2563  not meet the criteria for involuntary inpatient placement
 2564  pursuant to s. 394.467, the individual patient must be
 2565  discharged from the receiving facility. The involuntary
 2566  outpatient placement order remains shall remain in effect unless
 2567  the service provider determines that the individual patient no
 2568  longer meets the criteria for involuntary outpatient placement
 2569  or until the order expires. The service provider must determine
 2570  whether modifications should be made to the existing treatment
 2571  plan and must attempt to continue to engage the individual
 2572  patient in treatment. For any material modification of the
 2573  treatment plan to which the individual patient or the
 2574  individual’s patient’s guardian advocate, if appointed, agrees
 2575  does agree, the service provider shall send notice of the
 2576  modification to the court. Any material modifications of the
 2577  treatment plan which are contested by the individual patient or
 2578  the individual’s patient’s guardian advocate, if appointed, must
 2579  be approved or disapproved by the court consistent with the
 2580  requirements of subsection (2).
 2581         (d)(c) If, at any time before the conclusion of the initial
 2582  hearing on involuntary outpatient placement, it appears to the
 2583  court that the individual person does not meet the criteria for
 2584  involuntary outpatient placement under this section but,
 2585  instead, meets the criteria for involuntary inpatient placement,
 2586  the court may order the individual person admitted for
 2587  involuntary inpatient examination under s. 394.463. If the
 2588  person instead meets the criteria for involuntary assessment,
 2589  protective custody, or involuntary admission pursuant to s.
 2590  397.675, the court may order the person to be admitted for
 2591  involuntary assessment for a period of 5 days pursuant to s.
 2592  397.6811. Thereafter, all proceedings shall be governed by
 2593  chapter 397.
 2594         (d) At the hearing on involuntary outpatient placement, the
 2595  court shall consider testimony and evidence regarding the
 2596  patient’s competence to consent to treatment. If the court finds
 2597  that the patient is incompetent to consent to treatment, it
 2598  shall appoint a guardian advocate as provided in s. 394.4598.
 2599  The guardian advocate shall be appointed or discharged in
 2600  accordance with s. 394.4598.
 2601         (e) The administrator of the receiving facility, the
 2602  detoxification facility, or the designated department
 2603  representative shall provide a copy of the court order and
 2604  adequate documentation of an individual’s a patient’s mental
 2605  illness or substance abuse impairment to the service provider
 2606  for involuntary outpatient placement. Such documentation must
 2607  include any advance directives made by the individual patient, a
 2608  psychiatric evaluation of the individual patient, and any
 2609  evaluations of the individual patient performed by a clinical
 2610  psychologist or a clinical social worker.
 2611         (8)(7)PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 2612  PLACEMENT.—
 2613         (a)1. If the individual person continues to meet the
 2614  criteria for involuntary outpatient placement, the service
 2615  provider shall, before the expiration of the period during which
 2616  the placement treatment is ordered for the person, file in the
 2617  circuit court a petition for continued involuntary outpatient
 2618  placement.
 2619         1.2. The existing involuntary outpatient placement order
 2620  remains in effect until disposition of on the petition for
 2621  continued involuntary outpatient placement.
 2622         2.3. A certificate must shall be attached to the petition
 2623  which includes a statement from the individual’s person’s
 2624  physician or clinical psychologist justifying the request, a
 2625  brief description of the individual’s patient’s treatment during
 2626  the time he or she was involuntarily placed, and a personalized
 2627  an individualized plan of continued treatment.
 2628         3.4. The service provider shall develop the individualized
 2629  plan of continued treatment in consultation with the individual
 2630  patient or his or her the patient’s guardian advocate, if
 2631  appointed. When the petition has been filed, the clerk of the
 2632  court shall provide copies of the certificate and the
 2633  individualized plan of continued treatment to the department,
 2634  the individual patient, the individual’s patient’s guardian
 2635  advocate, the state attorney, and the individual’s patient’s
 2636  private counsel or the public defender.
 2637         (b) Within 1 court working day after the filing of a
 2638  petition for continued involuntary outpatient placement, the
 2639  court shall appoint the public defender to represent the
 2640  individual person who is the subject of the petition, unless the
 2641  individual person is otherwise represented by counsel. The clerk
 2642  of the court shall immediately notify the public defender of
 2643  such appointment. The public defender shall represent the
 2644  individual person until the petition is dismissed, or the court
 2645  order expires, or the individual patient is discharged from
 2646  involuntary outpatient placement. Any attorney representing the
 2647  individual patient shall have access to the individual patient,
 2648  witnesses, and records relevant to the presentation of the
 2649  individual’s patient’s case and shall represent the interests of
 2650  the individual patient, regardless of the source of payment to
 2651  the attorney.
 2652         (c) The court shall inform the individual who is the
 2653  subject of the petition and his or her guardian, guardian
 2654  advocate, health care surrogate or proxy, or representative of
 2655  the individual’s right to an independent expert examination. If
 2656  the individual cannot afford such an examination, the court
 2657  shall provide one.
 2658         (d)(c) Hearings on petitions for continued involuntary
 2659  outpatient placement are shall be before the circuit court. The
 2660  court may appoint a magistrate master to preside at the hearing.
 2661  The procedures for obtaining an order pursuant to this paragraph
 2662  must shall be in accordance with subsection (6), except that the
 2663  time period included in paragraph (1)(e) is not applicable in
 2664  determining the appropriateness of additional periods of
 2665  involuntary outpatient placement.
 2666         (e)(d) Notice of the hearing shall be provided in
 2667  accordance with as set forth in s. 394.4599. The individual
 2668  being served patient and the individual’s patient’s attorney may
 2669  agree to a period of continued outpatient placement without a
 2670  court hearing.
 2671         (f)(e) The same procedure shall be repeated before the
 2672  expiration of each additional period the individual being served
 2673  patient is placed in treatment.
 2674         (g)(f) If the individual in involuntary outpatient
 2675  placement patient has previously been found incompetent to
 2676  consent to treatment, the court shall consider testimony and
 2677  evidence regarding the individual’s patient’s competence.
 2678  Section 394.4598 governs the discharge of the guardian advocate
 2679  if the individual’s patient’s competency to consent to treatment
 2680  has been restored.
 2681         Section 20. Effective on July 1, 2016, section 394.467,
 2682  Florida Statutes, is amended to read:
 2683         394.467 Involuntary inpatient placement.—
 2684         (1) CRITERIA.—An individual A person may be placed in
 2685  involuntary inpatient placement for treatment upon a finding of
 2686  the court by clear and convincing evidence that:
 2687         (a) He or she has a mental illness or substance abuse
 2688  impairment is mentally ill and because of his or her mental
 2689  illness or substance abuse impairment:
 2690         1.a. He or she has refused voluntary placement for
 2691  treatment after sufficient and conscientious explanation and
 2692  disclosure of the purpose of placement for treatment; or
 2693         b. He or she is unable to determine for himself or herself
 2694  whether placement is necessary; and
 2695         2.a. He or she is manifestly incapable of surviving alone
 2696  or with the help of willing and responsible family or friends,
 2697  including available alternative services, and, without
 2698  treatment, is likely to suffer from neglect or refuse to care
 2699  for himself or herself, and such neglect or refusal poses a real
 2700  and present threat of substantial harm to his or her well-being;
 2701  or
 2702         b. There is substantial likelihood that in the near future
 2703  he or she will inflict serious bodily harm on self or others
 2704  himself or herself or another person, as evidenced by recent
 2705  behavior causing, attempting, or threatening such harm; and
 2706         (b) All available less restrictive treatment alternatives
 2707  that which would offer an opportunity for improvement of his or
 2708  her condition have been judged to be inappropriate.
 2709         (2) ADMISSION TO A TREATMENT FACILITY.—An individual A
 2710  patient may be retained by a mental health receiving facility,
 2711  an addictions receiving facility, or a detoxification facility,
 2712  or involuntarily placed in a treatment facility upon the
 2713  recommendation of the administrator of the receiving facility
 2714  where the individual patient has been examined and after
 2715  adherence to the notice and hearing procedures provided in s.
 2716  394.4599. The recommendation must be supported by the opinion of
 2717  a psychiatrist and the second opinion of a clinical psychologist
 2718  or another psychiatrist, both of whom have personally examined
 2719  the individual patient within the preceding 72 hours, that the
 2720  criteria for involuntary inpatient placement are met. However,
 2721  in a county that has a population of fewer than 50,000, if the
 2722  administrator certifies that a psychiatrist or clinical
 2723  psychologist is not available to provide the second opinion, the
 2724  second opinion may be provided by a licensed physician who has
 2725  postgraduate training and experience in diagnosis and treatment
 2726  of mental and nervous disorders or by a psychiatric nurse. If
 2727  the petition seeks placement for treatment of substance abuse
 2728  impairment only and the individual is examined by an addictions
 2729  receiving facility or detoxification facility, the first opinion
 2730  may be provided by a physician, and the second opinion may be
 2731  provided by a qualified professional with respect to substance
 2732  abuse treatment. Any second opinion authorized in this
 2733  subsection may be conducted through a face-to-face examination,
 2734  in person or by electronic means. Such recommendation must shall
 2735  be entered on an involuntary inpatient placement certificate
 2736  that authorizes the receiving facility to retain the individual
 2737  being held patient pending transfer to a treatment facility or
 2738  completion of a hearing.
 2739         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The
 2740  administrator of the mental health facility, addictions
 2741  receiving facility, or detoxification facility shall file a
 2742  petition for involuntary inpatient placement in the court in the
 2743  county where the individual patient is located. Upon filing, the
 2744  clerk of the court shall provide copies to the department, the
 2745  individual patient, the individual’s patient’s guardian,
 2746  guardian advocate, health care surrogate or proxy, or
 2747  representative, and the state attorney and public defender of
 2748  the judicial circuit in which the individual patient is located.
 2749  A No fee may not shall be charged for the filing of a petition
 2750  under this subsection.
 2751         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2752  after the filing of a petition for involuntary inpatient
 2753  placement, the court shall appoint the public defender to
 2754  represent the individual person who is the subject of the
 2755  petition, unless the individual person is otherwise represented
 2756  by counsel. The clerk of the court shall immediately notify the
 2757  public defender of such appointment. Any attorney representing
 2758  the individual patient shall have access to the individual
 2759  patient, witnesses, and records relevant to the presentation of
 2760  the individual’s patient’s case and shall represent the
 2761  interests of the individual patient, regardless of the source of
 2762  payment to the attorney.
 2763         (a) An attorney representing an individual in proceedings
 2764  under this part shall advocate the individual’s expressed
 2765  desires and must be present and actively participate in all
 2766  hearings on involuntary placement.
 2767         (b) The state attorney for the judicial circuit in which
 2768  the individual is located shall represent the state rather than
 2769  the petitioning facility administrator as the real party in
 2770  interest in the proceeding. The state attorney shall have access
 2771  to the individual’s clinical record and witnesses and shall
 2772  independently evaluate the allegations set forth in the petition
 2773  for involuntary placement. If the allegations are substantiated,
 2774  the state attorney shall prosecute the petition. If the
 2775  allegations are not substantiated, the state attorney shall
 2776  withdraw the petition.
 2777         (5) CONTINUANCE OF HEARING.—The individual patient is
 2778  entitled, with the concurrence of the individual’s patient’s
 2779  counsel, to at least one continuance of the hearing. The
 2780  continuance shall be for a period of up to 4 weeks.
 2781         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 2782         (a)1. The court shall hold the hearing on involuntary
 2783  inpatient placement within 5 court working days after the
 2784  petition is filed, unless a continuance is granted.
 2785         1. The hearing shall be held in the county where the
 2786  individual patient is located and shall be as convenient to the
 2787  individual patient as may be consistent with orderly procedure
 2788  and shall be conducted in physical settings not likely to be
 2789  injurious to the individual’s patient’s condition. If the
 2790  individual wishes to waive his or her court finds that the
 2791  patient’s attendance at the hearing, the court must determine
 2792  that the attendance is knowingly, intelligently, and voluntarily
 2793  being waived and is not consistent with the best interests of
 2794  the patient, and the patient’s counsel does not object, the
 2795  court may waive the presence of the individual patient from all
 2796  or any portion of the hearing. The state attorney for the
 2797  circuit in which the patient is located shall represent the
 2798  state, rather than the petitioning facility administrator, as
 2799  the real party in interest in the proceeding.
 2800         2. The court may appoint a general or special magistrate to
 2801  preside at the hearing. One of the two professionals who
 2802  executed the involuntary inpatient placement certificate shall
 2803  be a witness. The individual patient and the individual’s
 2804  patient’s guardian, guardian advocate, health care surrogate or
 2805  proxy, or representative shall be informed by the court of the
 2806  right to an independent expert examination. If the individual
 2807  patient cannot afford such an examination, the court shall
 2808  provide for one. The independent expert’s report is shall be
 2809  confidential and not discoverable, unless the expert is to be
 2810  called as a witness for the individual patient at the hearing.
 2811  The testimony in the hearing must be given under oath, and the
 2812  proceedings must be recorded. The individual patient may refuse
 2813  to testify at the hearing.
 2814         3. The court shall allow testimony from persons, including
 2815  family members, deemed by the court to be relevant regarding the
 2816  individual’s prior history and how that prior history relates to
 2817  the individual’s current condition.
 2818         (b) If the court concludes that the individual patient
 2819  meets the criteria for involuntary inpatient placement, it shall
 2820  order that the individual patient be transferred to a treatment
 2821  facility or, if the individual patient is at a treatment
 2822  facility, that the individual patient be retained there or be
 2823  treated at any other appropriate mental health receiving
 2824  facility, addictions receiving facility, detoxification
 2825  facility, or treatment facility, or that the individual patient
 2826  receive services from such a facility a receiving or treatment
 2827  facility, on an involuntary basis, for up to 90 days a period of
 2828  up to 6 months. The order shall specify the nature and extent of
 2829  the individual’s patient’s mental illness or substance abuse
 2830  impairment. The court may not order an individual with traumatic
 2831  brain injury or dementia who lacks a co-occurring mental illness
 2832  to be involuntarily placed in a state treatment facility. The
 2833  facility shall discharge the individual at a patient any time
 2834  the individual patient no longer meets the criteria for
 2835  involuntary inpatient placement, unless the individual patient
 2836  has transferred to voluntary status.
 2837         (c) If at any time before prior to the conclusion of the
 2838  hearing on involuntary inpatient placement it appears to the
 2839  court that the individual person does not meet the criteria for
 2840  involuntary inpatient placement under this section, but instead
 2841  meets the criteria for involuntary outpatient placement, the
 2842  court may order the individual person evaluated for involuntary
 2843  outpatient placement pursuant to s. 394.4655, and. the petition
 2844  and hearing procedures set forth in s. 394.4655 shall apply. If
 2845  the person instead meets the criteria for involuntary
 2846  assessment, protective custody, or involuntary admission
 2847  pursuant to s. 397.675, then the court may order the person to
 2848  be admitted for involuntary assessment for a period of 5 days
 2849  pursuant to s. 397.6811. Thereafter, all proceedings shall be
 2850  governed by chapter 397.
 2851         (d) At the hearing on involuntary inpatient placement, the
 2852  court shall consider testimony and evidence regarding the
 2853  individual’s patient’s competence to consent to treatment. If
 2854  the court finds that the individual patient is incompetent to
 2855  consent to treatment, it shall appoint a guardian advocate as
 2856  provided in s. 394.4598.
 2857         (e) The administrator of the petitioning receiving facility
 2858  shall provide a copy of the court order and adequate
 2859  documentation of the individual’s a patient’s mental illness or
 2860  substance abuse impairment to the administrator of a treatment
 2861  facility if the individual whenever a patient is ordered for
 2862  involuntary inpatient placement, whether by civil or criminal
 2863  court. The documentation must shall include any advance
 2864  directives made by the individual patient, a psychiatric
 2865  evaluation of the individual patient, and any evaluations of the
 2866  individual patient performed by a clinical psychologist, a
 2867  marriage and family therapist, a mental health counselor, a
 2868  substance abuse qualified professional or a clinical social
 2869  worker. The administrator of a treatment facility may refuse
 2870  admission to an individual any patient directed to its
 2871  facilities on an involuntary basis, whether by civil or criminal
 2872  court order, who is not accompanied at the same time by adequate
 2873  orders and documentation.
 2874         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
 2875  PLACEMENT.—
 2876         (a) Hearings on petitions for continued involuntary
 2877  inpatient placement shall be administrative hearings and shall
 2878  be conducted in accordance with the provisions of s. 120.57(1),
 2879  except that an any order entered by an the administrative law
 2880  judge is shall be final and subject to judicial review in
 2881  accordance with s. 120.68. Orders concerning an individual
 2882  patients committed after successfully pleading not guilty by
 2883  reason of insanity are shall be governed by the provisions of s.
 2884  916.15.
 2885         (b) If the individual patient continues to meet the
 2886  criteria for involuntary inpatient placement, the administrator
 2887  shall, before prior to the expiration of the period during which
 2888  the treatment facility is authorized to retain the individual
 2889  patient, file a petition requesting authorization for continued
 2890  involuntary inpatient placement. The request must shall be
 2891  accompanied by a statement from the individual’s patient’s
 2892  physician or clinical psychologist justifying the request, a
 2893  brief description of the individual’s patient’s treatment during
 2894  the time he or she was involuntarily placed, and a personalized
 2895  an individualized plan of continued treatment. Notice of the
 2896  hearing must shall be provided as set forth in s. 394.4599. If
 2897  at the hearing the administrative law judge finds that
 2898  attendance at the hearing is not consistent with the
 2899  individual’s best interests of the patient, the administrative
 2900  law judge may waive the presence of the individual patient from
 2901  all or any portion of the hearing, unless the individual
 2902  patient, through counsel, objects to the waiver of presence. The
 2903  testimony in the hearing must be under oath, and the proceedings
 2904  must be recorded.
 2905         (c) Unless the individual patient is otherwise represented
 2906  or is ineligible, he or she shall be represented at the hearing
 2907  on the petition for continued involuntary inpatient placement by
 2908  the public defender of the circuit in which the facility is
 2909  located.
 2910         (d) The Division of Administrative Hearings shall inform
 2911  the individual and his or her guardian, guardian advocate,
 2912  health care surrogate or proxy, or representative of the right
 2913  to an independent expert examination. If the individual cannot
 2914  afford such an examination, the court shall provide one.
 2915         (e)(d) If at a hearing it is shown that the individual
 2916  patient continues to meet the criteria for involuntary inpatient
 2917  placement, the administrative law judge shall sign the order for
 2918  continued involuntary inpatient placement for a period of up to
 2919  90 days not to exceed 6 months. The same procedure must shall be
 2920  repeated prior to the expiration of each additional period the
 2921  individual patient is retained.
 2922         (f)(e) If continued involuntary inpatient placement is
 2923  necessary for an individual a patient admitted while serving a
 2924  criminal sentence, but whose sentence is about to expire, or for
 2925  a minor patient involuntarily placed while a minor but who is
 2926  about to reach the age of 18, the administrator shall petition
 2927  the administrative law judge for an order authorizing continued
 2928  involuntary inpatient placement.
 2929         (g)(f) If the individual previously patient has been
 2930  previously found incompetent to consent to treatment, the
 2931  administrative law judge shall consider testimony and evidence
 2932  regarding the individual’s patient’s competence. If the
 2933  administrative law judge finds evidence that the individual
 2934  patient is now competent to consent to treatment, the
 2935  administrative law judge may issue a recommended order to the
 2936  court that found the individual patient incompetent to consent
 2937  to treatment that the individual’s patient’s competence be
 2938  restored and that any guardian advocate previously appointed be
 2939  discharged.
 2940         (8) RETURN TO FACILITY OF PATIENTS.—If an individual held
 2941  When a patient at a treatment facility involuntarily under this
 2942  part leaves the facility without the administrator’s
 2943  authorization, the administrator may authorize a search for, the
 2944  patient and the return of, the individual patient to the
 2945  facility. The administrator may request the assistance of a law
 2946  enforcement agency in the search for and return of the patient.
 2947         Section 21. Effective July 1, 2016, section 394.4672,
 2948  Florida Statutes, is amended to read:
 2949         394.4672 Procedure for placement of veteran with federal
 2950  agency.—
 2951         (1) A facility owned, operated, or administered by the
 2952  United States Department of Veterans Affairs which provides
 2953  mental health services has authority as granted by the
 2954  Department of Veterans’ Affairs to:
 2955         (a) Initiate and conduct involuntary examinations pursuant
 2956  to s. 394.463.
 2957         (b) Provide voluntary treatment pursuant to s. 394.4625.
 2958         (c) Petition for involuntary inpatient placement pursuant
 2959  to s. 394.467.
 2960         (d) Provide involuntary inpatient placement pursuant to
 2961  this part.
 2962         (2)(1)If a Whenever it is determined by the court
 2963  determines that an individual a person meets the criteria for
 2964  involuntary placement and he or she it appears that such person
 2965  is eligible for care or treatment by the United States
 2966  Department of Veterans Affairs or another other agency of the
 2967  United States Government, the court, upon receipt of a
 2968  certificate from the United States Department of Veterans
 2969  Affairs or such other agency showing that facilities are
 2970  available and that the individual person is eligible for care or
 2971  treatment therein, may place that individual person with the
 2972  United States Department of Veterans Affairs or other federal
 2973  agency. The individual person whose placement is sought shall be
 2974  personally served with notice of the pending placement
 2975  proceeding in the manner as provided in this part., and nothing
 2976  in This section does not shall affect the individual’s his or
 2977  her right to appear and be heard in the proceeding. Upon
 2978  placement, the individual is person shall be subject to the
 2979  rules and regulations of the United States Department of
 2980  Veterans Affairs or other federal agency.
 2981         (3)(2) The judgment or order of placement issued by a court
 2982  of competent jurisdiction of another state or of the District of
 2983  Columbia which places an individual, placing a person with the
 2984  United States Department of Veterans Affairs or other federal
 2985  agency for care or treatment has, shall have the same force and
 2986  effect in this state as in the jurisdiction of the court
 2987  entering the judgment or making the order.; and The courts of
 2988  the placing state or of the District of Columbia shall retain be
 2989  deemed to have retained jurisdiction of the individual person so
 2990  placed. Consent is hereby given to the application of the law of
 2991  the placing state or district with respect to the authority of
 2992  the chief officer of any facility of the United States
 2993  Department of Veterans Affairs or other federal agency operated
 2994  in this state to retain custody or to transfer, parole, or
 2995  discharge the individual person.
 2996         (4)(3) Upon receipt of a certificate of the United States
 2997  Department of Veterans Affairs or another such other federal
 2998  agency that facilities are available for the care or treatment
 2999  of individuals who have mental illness or substance abuse
 3000  impairment mentally ill persons and that an individual the
 3001  person is eligible for that care or treatment, the administrator
 3002  of the receiving or treatment facility may cause the transfer of
 3003  that individual person to the United States Department of
 3004  Veterans Affairs or other federal agency. Upon effecting such
 3005  transfer, the committing court shall be notified by the
 3006  transferring agency. An individual may not No person shall be
 3007  transferred to the United States Department of Veterans Affairs
 3008  or other federal agency if he or she is confined pursuant to the
 3009  conviction of any felony or misdemeanor or if he or she has been
 3010  acquitted of the charge solely on the ground of insanity, unless
 3011  prior to transfer the court placing the individual such person
 3012  enters an order for the transfer after appropriate motion and
 3013  hearing and without objection by the United States Department of
 3014  Veterans Affairs.
 3015         (5)(4)An individual Any person transferred as provided in
 3016  this section is shall be deemed to be placed with the United
 3017  States Department of Veterans Affairs or other federal agency
 3018  pursuant to the original placement.
 3019         Section 22. Section 394.47891, Florida Statutes, is amended
 3020  to read:
 3021         394.47891 Military veterans and servicemembers court
 3022  programs.—The chief judge of each judicial circuit may establish
 3023  a Military Veterans and Servicemembers Court Program under which
 3024  veterans, as defined in s. 1.01, including veterans who were
 3025  discharged or released under a general discharge, and
 3026  servicemembers, as defined in s. 250.01, who are convicted of a
 3027  criminal offense and who suffer from a military-related mental
 3028  illness, traumatic brain injury, substance abuse disorder, or
 3029  psychological problem can be sentenced in accordance with
 3030  chapter 921 in a manner that appropriately addresses the
 3031  severity of the mental illness, traumatic brain injury,
 3032  substance abuse disorder, or psychological problem through
 3033  services tailored to the individual needs of the participant.
 3034  Entry into any Military Veterans and Servicemembers Court
 3035  Program must be based upon the sentencing court’s assessment of
 3036  the defendant’s criminal history, military service, substance
 3037  abuse treatment needs, mental health treatment needs,
 3038  amenability to the services of the program, the recommendation
 3039  of the state attorney and the victim, if any, and the
 3040  defendant’s agreement to enter the program.
 3041         Section 23. Section 394.47892, Florida Statutes, is created
 3042  to read:
 3043         394.47892 Treatment-based mental health court programs.—
 3044         (1) Each county may fund a treatment-based mental health
 3045  court program under which individuals in the justice system
 3046  assessed with a mental illness will be processed in such a
 3047  manner as to appropriately address the severity of the
 3048  identified mental health problem through treatment services
 3049  tailored to the individual needs of the participant. The
 3050  Legislature intends to encourage the Department of Corrections,
 3051  the Department of Children and Families, the Department of
 3052  Juvenile Justice, the Department of Health, the Department of
 3053  Law Enforcement, the Department of Education, and such agencies,
 3054  local governments, law enforcement agencies, other interested
 3055  public or private sources, and individuals to support the
 3056  creation and establishment of these problem-solving court
 3057  programs. Participation in the treatment-based mental health
 3058  court programs does not divest any public or private agency of
 3059  its responsibility for a child or adult, but enables these
 3060  agencies to better meet their needs through shared
 3061  responsibility and resources.
 3062         (2) Entry into any pretrial treatment-based mental health
 3063  court program is voluntary.
 3064         (3)(a) Entry into any postadjudicatory treatment-based
 3065  mental health court program as a condition of probation or
 3066  community control pursuant to s. 948.01 or s. 948.06 must be
 3067  based upon the sentencing court’s assessment of the defendant’s
 3068  criminal history, mental health screening outcome, amenability
 3069  to the services of the program, the recommendation of the state
 3070  attorney and the victim, if any, and the defendant’s agreement
 3071  to enter the program.
 3072         (b) An offender who is sentenced to a postadjudicatory
 3073  treatment-based mental health court program and who, while a
 3074  mental health court program participant, is the subject of a
 3075  violation of probation or community control under s. 948.06
 3076  shall have the violation of probation or community control heard
 3077  by the judge presiding over the postadjudicatory treatment-based
 3078  mental health court program. The judge shall dispose of any such
 3079  violation, after a hearing on or admission of the violation, as
 3080  he or she deems appropriate if the resulting sentence or
 3081  conditions are lawful.
 3082         (4) Treatment-based mental health court programs may
 3083  include pretrial intervention programs as provided in s. 948.08,
 3084  treatment-based mental health court programs authorized in
 3085  chapter 39, postadjudicatory programs as provided in ss. 948.01
 3086  and 948.06, and review of the status of compliance or
 3087  noncompliance of sentenced offenders through a treatment-based
 3088  mental health court program.
 3089         (5) Contingent upon an annual appropriation by the
 3090  Legislature, each judicial circuit with a treatment-based mental
 3091  health court program shall establish, at a minimum, one
 3092  coordinator position for the treatment-based mental health court
 3093  program within the state courts system to coordinate the
 3094  responsibilities of the participating agencies and service
 3095  providers. Each coordinator shall provide direct support to the
 3096  treatment-based mental health court program by providing
 3097  coordination between the multidisciplinary team and the
 3098  judiciary, providing case management, monitoring compliance of
 3099  the participants in the treatment-based mental health court
 3100  program with court requirements, and providing program
 3101  evaluation and accountability.
 3102         (6) If a county chooses to fund a treatment-based mental
 3103  health court program, the county must secure funding from
 3104  sources other than the state for those costs not otherwise
 3105  assumed by the state pursuant to s. 29.004. However, this does
 3106  not preclude a county from using treatment and other service
 3107  funding provided through state executive branch agencies.
 3108  Counties may provide, by interlocal agreement, for the
 3109  collective funding of these programs.
 3110         (7) The chief judge of each judicial circuit may appoint an
 3111  advisory committee for the treatment-based mental health court
 3112  program. The committee shall be composed of the chief judge, or
 3113  his or her designee, who shall serve as chair; the judge of the
 3114  treatment-based mental health court program, if not otherwise
 3115  designated by the chief judge as his or her designee; the state
 3116  attorney, or his or her designee; the public defender, or his or
 3117  her designee; the treatment-based mental health court program
 3118  coordinators; community representatives; treatment
 3119  representatives; and any other persons the chair finds are
 3120  appropriate.
 3121         Section 24. Section 394.656, Florida Statutes, is amended
 3122  to read:
 3123         394.656 Criminal Justice, Mental Health, and Substance
 3124  Abuse Reinvestment Grant Program.—
 3125         (1) There is created within the Department of Children and
 3126  Families the Criminal Justice, Mental Health, and Substance
 3127  Abuse Reinvestment Grant Program. The purpose of the program is
 3128  to provide funding to counties with which they can plan,
 3129  implement, or expand initiatives that increase public safety,
 3130  avert increased spending on criminal justice, and improve the
 3131  accessibility and effectiveness of treatment services for adults
 3132  and juveniles who have a mental illness, substance abuse
 3133  disorder, or co-occurring mental health and substance abuse
 3134  disorders and who are in, or at risk of entering, the criminal
 3135  or juvenile justice systems.
 3136         (2) The department shall establish a Criminal Justice,
 3137  Mental Health, and Substance Abuse Statewide Grant Policy Review
 3138  Committee. The committee shall include:
 3139         (a) One representative of the Department of Children and
 3140  Families;
 3141         (b) One representative of the Department of Corrections;
 3142         (c) One representative of the Department of Juvenile
 3143  Justice;
 3144         (d) One representative of the Department of Elderly
 3145  Affairs; and
 3146         (e) One representative of the Office of the State Courts
 3147  Administrator;
 3148         (f) One representative of the Department of Veterans’
 3149  Affairs;
 3150         (g) One representative of the Florida Sheriffs Association;
 3151         (h) One representative of the Florida Police Chiefs
 3152  Association;
 3153         (i) One representative of the Florida Association of
 3154  Counties;
 3155         (j) One representative of the Florida Alcohol and Drug
 3156  Abuse Association;
 3157         (k) One representative of the Florida Association of
 3158  Managing Entities;
 3159         (l) One representative of the Florida Council for Community
 3160  Mental Health; and
 3161         (m) One administrator of a state-licensed limited mental
 3162  health assisted living facility.
 3163         (3) The committee shall serve as the advisory body to
 3164  review policy and funding issues that help reduce the impact of
 3165  persons with mental illnesses and substance use disorders on
 3166  communities, criminal justice agencies, and the court system.
 3167  The committee shall advise the department in selecting
 3168  priorities for grants and investing awarded grant moneys.
 3169         (4) The department shall create a grant review and
 3170  selection committee that has experience in substance use and
 3171  mental health disorders, community corrections, and law
 3172  enforcement. To the extent possible, the members of the
 3173  committee shall have expertise in grant writing, grant
 3174  reviewing, and grant application scoring.
 3175         (5)(3)(a) A county, or not-for-profit community provider,
 3176  managing entity, or coordinated care organization designated by
 3177  the county planning council or committee, as described in s.
 3178  394.657, may apply for a 1-year planning grant or a 3-year
 3179  implementation or expansion grant. The purpose of the grants is
 3180  to demonstrate that investment in treatment efforts related to
 3181  mental illness, substance abuse disorders, or co-occurring
 3182  mental health and substance abuse disorders results in a reduced
 3183  demand on the resources of the judicial, corrections, juvenile
 3184  detention, and health and social services systems.
 3185         (b) To be eligible to receive a 1-year planning grant or a
 3186  3-year implementation or expansion grant:,
 3187         1. A county applicant must have a county planning council
 3188  or committee that is in compliance with the membership
 3189  requirements set forth in this section.
 3190         2. A not-for-profit community provider, managing entity, or
 3191  coordinated care organization must be designated by the county
 3192  planning council or committee and have written authorization to
 3193  submit an application. A not-for-profit community provider,
 3194  managing entity, or coordinated care organization must have
 3195  written authorization for each application it submits.
 3196         (c) The department may award a 3-year implementation or
 3197  expansion grant to an applicant who has not received a 1-year
 3198  planning grant.
 3199         (d) The department may require an applicant to conduct
 3200  sequential intercept mapping for a project. For purposes of this
 3201  paragraph, the term “sequential intercept mapping” means a
 3202  process for reviewing a local community’s mental health,
 3203  substance abuse, criminal justice, and related systems and
 3204  identifying points of interceptions where interventions may be
 3205  made to prevent an individual with a substance use disorder or
 3206  mental illness from deeper involvement in the criminal justice
 3207  system.
 3208         (6)(4) The grant review and selection committee shall
 3209  select the grant recipients and notify the department of
 3210  Children and Families in writing of the recipients’ names of the
 3211  applicants who have been selected by the committee to receive a
 3212  grant. Contingent upon the availability of funds and upon
 3213  notification by the review committee of those applicants
 3214  approved to receive planning, implementation, or expansion
 3215  grants, the department of Children and Families may transfer
 3216  funds appropriated for the grant program to a selected grant
 3217  recipient any county awarded a grant.
 3218         Section 25. Paragraph (a) of subsection (1) of section
 3219  394.875, Florida Statutes, is amended to read:
 3220         394.875 Crisis stabilization units, residential treatment
 3221  facilities, and residential treatment centers for children and
 3222  adolescents; authorized services; license required.—
 3223         (1)(a) The purpose of a crisis stabilization unit is to
 3224  stabilize and redirect a client to the most appropriate and
 3225  least restrictive community setting available, consistent with
 3226  the client’s needs. Crisis stabilization units may screen,
 3227  assess, and admit for stabilization persons who present
 3228  themselves to the unit and persons who are brought to the unit
 3229  under s. 394.463. Clients may be provided 24-hour observation,
 3230  medication prescribed by a physician or psychiatrist, and other
 3231  appropriate services. Crisis stabilization units shall provide
 3232  services regardless of the client’s ability to pay and shall be
 3233  limited in size to a maximum of 30 beds.
 3234         Section 26. Section 765.4015, Florida Statutes, is created
 3235  to read:
 3236         765.4015 Short title.—Sections 765.402-765.411 may be cited
 3237  as the “Jennifer Act.”
 3238         Section 27. Section 765.402, Florida Statutes, is created
 3239  to read:
 3240         765.402Legislative findings.—
 3241         (1) The Legislature recognizes that an individual with
 3242  capacity has the ability to control decisions relating to his or
 3243  her own mental health care or substance abuse treatment. The
 3244  Legislature finds that:
 3245         (a) Substance abuse and some mental illnesses cause
 3246  individuals to fluctuate between capacity and incapacity;
 3247         (b) During periods when an individual’s capacity is
 3248  unclear, the individual may be unable to provide informed
 3249  consent necessary to access needed treatment;
 3250         (c) Early treatment may prevent an individual from becoming
 3251  so ill that involuntary treatment is necessary; and
 3252         (d) Individuals with substance abuse impairment or mental
 3253  illness need an established procedure to express their
 3254  instructions and preferences for treatment and provide advance
 3255  consent to or refusal of treatment. This procedure should be
 3256  less expensive and less restrictive than guardianship.
 3257         (2) The Legislature further recognizes that:
 3258         (a) A mental health or substance abuse treatment advance
 3259  directive must provide the individual with a full range of
 3260  choices.
 3261         (b) For a mental health or substance abuse directive to be
 3262  an effective tool, individuals must be able to choose how they
 3263  want their directives to be applied, including the right of
 3264  revocation, during periods when they are incompetent to consent
 3265  to treatment.
 3266         (c) There must be a clear process so that treatment
 3267  providers can abide by an individual’s treatment choices.
 3268         Section 28. Section 765.403, Florida Statutes, is created
 3269  to read:
 3270         765.403 Definitions.—As used in this part, the term:
 3271         (1) “Adult” means any individual who has attained the age
 3272  of majority or is an emancipated minor.
 3273         (2) “Capacity” means that an adult has not been found to be
 3274  incapacitated pursuant to s. 394.463.
 3275         (3) “Health care facility” means a hospital, nursing home,
 3276  hospice, home health agency, or health maintenance organization
 3277  licensed in this state, or any facility subject to part I of
 3278  chapter 394.
 3279         (4) “Incapacity” or “incompetent” means an adult who is:
 3280         (a)Unable to understand the nature, character, and
 3281  anticipated results of proposed treatment or alternatives or the
 3282  recognized serious possible risks, complications, and
 3283  anticipated benefits of treatments and alternatives, including
 3284  nontreatment;
 3285         (b)Physically or mentally unable to communicate a willful
 3286  and knowing decision about mental health care or substance abuse
 3287  treatment;
 3288         (c)Unable to communicate his or her understanding or
 3289  treatment decisions; or
 3290         (d)Determined incompetent pursuant to s. 394.463.
 3291         (5) “Informed consent” means consent voluntarily given by a
 3292  person after a sufficient explanation and disclosure of the
 3293  subject matter involved to enable that person to have a general
 3294  understanding of the treatment or procedure and the medically
 3295  acceptable alternatives, including the substantial risks and
 3296  hazards inherent in the proposed treatment or procedures or
 3297  nontreatment, and to make knowing mental health care or
 3298  substance abuse treatment decisions without coercion or undue
 3299  influence.
 3300         (6) “Interested person” means, for the purposes of this
 3301  chapter, any person who may reasonably be expected to be
 3302  affected by the outcome of the particular proceeding involved,
 3303  including anyone interested in the welfare of an incapacitated
 3304  person.
 3305         (7) “Mental health or substance abuse treatment advance
 3306  directive” means a written document in which the principal makes
 3307  a declaration of instructions or preferences or appoints a
 3308  surrogate to make decisions on behalf of the principal regarding
 3309  the principal’s mental health or substance abuse treatment, or
 3310  both.
 3311         (8) “Mental health professional” means a psychiatrist,
 3312  psychologist, psychiatric nurse, or social worker, and such
 3313  other mental health professionals licensed pursuant to chapter
 3314  458, chapter 459, chapter 464, chapter 490, or chapter 491.
 3315         (9) “Principal” means a competent adult who executes a
 3316  mental health or substance abuse treatment advance directive and
 3317  on whose behalf mental health care or substance abuse treatment
 3318  decisions are to be made.
 3319         (10) “Surrogate” means any competent adult expressly
 3320  designated by a principal to make mental health care or
 3321  substance abuse treatment decisions on behalf of the principal
 3322  as set forth in the principal’s mental health or substance abuse
 3323  treatment advance directive or self-binding arrangement as those
 3324  terms are defined in this part.
 3325         Section 29. Section 765.405, Florida Statutes, is created
 3326  to read:
 3327         765.405 Mental health or substance abuse treatment advance
 3328  directive; execution; allowable provisions.—
 3329         (1) An adult with capacity may execute a mental health or
 3330  substance abuse treatment advance directive.
 3331         (2) A directive executed in accordance with this section is
 3332  presumed to be valid. The inability to honor one or more
 3333  provisions of a directive does not affect the validity of the
 3334  remaining provisions.
 3335         (3) A directive may include any provision relating to
 3336  mental health or substance abuse treatment or the care of the
 3337  principal. Without limitation, a directive may include:
 3338         (a) The principal’s preferences and instructions for mental
 3339  health or substance abuse treatment.
 3340         (b) Consent to specific types of mental health or substance
 3341  abuse treatment.
 3342         (c) Refusal to consent to specific types of mental health
 3343  or substance abuse treatment.
 3344         (d) Descriptions of situations that may cause the principal
 3345  to experience a mental health or substance abuse crisis.
 3346         (e) Suggested alternative responses that may supplement or
 3347  be in lieu of direct mental health or substance abuse treatment,
 3348  such as treatment approaches from other providers.
 3349         (f) The principal’s nomination of a guardian, limited
 3350  guardian, or guardian advocate as provided chapter 744.
 3351         (4) A directive may be combined with or be independent of a
 3352  nomination of a guardian, other durable power of attorney, or
 3353  other advance directive.
 3354         Section 30. Section 765.406, Florida Statutes, is created
 3355  to read:
 3356         765.406 Execution of a mental health or substance abuse
 3357  advance directive; effective date; expiration.—
 3358         (1) A directive must:
 3359         (a) Be in writing.
 3360         (b) Contain language that clearly indicates that the
 3361  principal intends to create a directive.
 3362         (c) Be dated and signed by the principal or, if the
 3363  principal is unable to sign, at the principal’s direction in the
 3364  principal’s presence.
 3365         (d) Be witnessed by two adults, each of whom must declare
 3366  that he or she personally knows the principal and was present
 3367  when the principal dated and signed the directive, and that the
 3368  principal did not appear to be incapacitated or acting under
 3369  fraud, undue influence, or duress. The person designated as the
 3370  surrogate may not act as a witness to the execution of the
 3371  document designating the mental health or substance abuse care
 3372  treatment surrogate. At least one person who acts as a witness
 3373  must be neither the principal’s spouse nor his or her blood
 3374  relative.
 3375         (2) A directive is valid upon execution, but all or part of
 3376  the directive may take effect at a later date as designated by
 3377  the principal in the directive.
 3378         (3) A directive may:
 3379         (a) Be revoked, in whole or in part, pursuant to s.
 3380  765.407; or
 3381         (b) Expire under its own terms.
 3382         (4) A directive does not or may not:
 3383         (a) Create an entitlement to mental health, substance
 3384  abuse, or medical treatment or supersede a determination of
 3385  medical necessity.
 3386         (b) Obligate any health care provider, professional person,
 3387  or health care facility to pay the costs associated with the
 3388  treatment requested.
 3389         (c) Obligate a health care provider, professional person,
 3390  or health care facility to be responsible for the nontreatment
 3391  or personal care of the principal or the principal’s personal
 3392  affairs outside the scope of services the facility normally
 3393  provides.
 3394         (d) Replace or supersede any will or testamentary document
 3395  or supersede the provision of intestate succession.
 3396         Section 31. Section 765.407, Florida Statutes, is created
 3397  to read:
 3398         765.407 Revocation; waiver.—
 3399         (1) A principal with capacity may, by written statement of
 3400  the principal or at the principal’s direction in the principal’s
 3401  presence, revoke a directive in whole or in part.
 3402         (2) The principal shall provide a copy of his or her
 3403  written statement of revocation to his or her agent, if any, and
 3404  to each health care provider, professional person, or health
 3405  care facility that received a copy of the directive from the
 3406  principal.
 3407         (3) The written statement of revocation is effective as to
 3408  a health care provider, professional person, or health care
 3409  facility upon receipt. The professional person, health care
 3410  provider, or health care facility, or persons acting under their
 3411  direction, shall make the statement of revocation part of the
 3412  principal’s medical record.
 3413         (4) A directive also may:
 3414         (a) Be revoked, in whole or in part, expressly or to the
 3415  extent of any inconsistency, by a subsequent directive; or
 3416         (b) Be superseded or revoked by a court order, including
 3417  any order entered in a criminal matter. The individual’s family,
 3418  the health care facility, the attending physician, or any other
 3419  interested person who may be directly affected by the
 3420  surrogate’s decision concerning any health care may seek
 3421  expedited judicial intervention pursuant to rule 5.900 of the
 3422  Florida Probate Rules, if that person believes:
 3423         1. The surrogate’s decision is not in accord with the
 3424  individual’s known desires;
 3425         2. The advance directive is ambiguous, or the individual
 3426  has changed his or her mind after execution of the advance
 3427  directive;
 3428         3. The surrogate was improperly designated or appointed, or
 3429  the designation of the surrogate is no longer effective or has
 3430  been revoked;
 3431         4. The surrogate has failed to discharge duties, or
 3432  incapacity or illness renders the surrogate incapable of
 3433  discharging duties;
 3434         5. The surrogate has abused powers; or
 3435         6. The individual has sufficient capacity to make his or
 3436  her own health care decisions.
 3437         (5) A directive that would have otherwise expired but is
 3438  effective because the principal is incapacitated remains
 3439  effective until the principal is no longer incapacitated unless
 3440  the principal elected to be able to revoke while incapacitated
 3441  and has revoked the directive.
 3442         (6) When a principal with capacity consents to treatment
 3443  that differs from, or refuses treatment consented to in, his or
 3444  her directive, the consent or refusal constitutes a waiver of a
 3445  particular provision and does not constitute a revocation of the
 3446  provision or the directive unless that principal also revokes
 3447  the provision or directive.
 3448         Section 32. Section 765.410, Florida Statutes, is created
 3449  to read:
 3450         765.410 Immunity from liability; weight of proof;
 3451  presumption.—
 3452         (1) A health care facility, provider, or other person who
 3453  acts under the direction of a health care facility or provider
 3454  is not subject to criminal prosecution or civil liability, and
 3455  may not be deemed to have engaged in unprofessional conduct, as
 3456  a result of carrying out a mental health care or substance abuse
 3457  treatment decision made in accordance with this section. The
 3458  surrogate who makes a mental health care or substance abuse
 3459  treatment decision on a principal’s behalf, pursuant to this
 3460  section, is not subject to criminal prosecution or civil
 3461  liability for such action.
 3462         (2) This section applies unless it is shown by a
 3463  preponderance of the evidence that the person authorizing or
 3464  carrying out a mental health or substance abuse treatment
 3465  decision did not, in good faith, comply with this section.
 3466         Section 33. Section 765.411, Florida Statutes, is created
 3467  to read:
 3468         765.411Recognition of mental health and substance abuse
 3469  treatment advance directive executed in another state.—A mental
 3470  health or substance abuse treatment advance directive executed
 3471  in another state in compliance with the law of that state is
 3472  validly executed for the purposes of this chapter.
 3473         Section 34. Section 916.185, Florida Statutes, is created
 3474  to read:
 3475         916.185Forensic Hospital Diversion Pilot Program.—
 3476         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 3477  that many jail inmates who have serious mental illnesses and who
 3478  are committed to state forensic mental health treatment
 3479  facilities for restoration of competency to proceed could be
 3480  served more effectively and at less cost in community-based
 3481  alternative programs. The Legislature further finds that many
 3482  individuals who have serious mental illnesses and who have been
 3483  discharged from state forensic mental health treatment
 3484  facilities could avoid recidivism in the criminal justice and
 3485  forensic mental health systems if they received specialized
 3486  treatment in the community. Therefore, it is the intent of the
 3487  Legislature to create the Forensic Hospital Diversion Pilot
 3488  Program to serve individuals who have mental illnesses or co
 3489  occurring mental illnesses and substance use disorders and who
 3490  are admitted to or are at risk of entering state forensic mental
 3491  health treatment facilities, prisons, jails, or state civil
 3492  mental health treatment facilities.
 3493         (2) DEFINITIONS.—As used in this section, the term:
 3494         (a) “Best practices” means treatment services that
 3495  incorporate the most effective and acceptable interventions
 3496  available in the care and treatment of individuals who are
 3497  diagnosed as having mental illnesses or co-occurring mental
 3498  illnesses and substance use disorders.
 3499         (b) “Community forensic system” means the community mental
 3500  health and substance use forensic treatment system, including
 3501  the comprehensive set of services and supports provided to
 3502  individuals involved in or at risk of becoming involved in the
 3503  criminal justice system.
 3504         (c) “Evidence-based practices” means interventions and
 3505  strategies that, based on the best available empirical research,
 3506  demonstrate effective and efficient outcomes in the care and
 3507  treatment of individuals who are diagnosed as having mental
 3508  illnesses or co-occurring mental illnesses and substance use
 3509  disorders.
 3510         (3) CREATION.—There is created a Forensic Hospital
 3511  Diversion Pilot Program to provide, when appropriate,
 3512  competency-restoration and community-reintegration services in
 3513  locked residential treatment facilities, based on considerations
 3514  of public safety, the needs of the individual, and available
 3515  resources.
 3516         (a) The department shall implement a Forensic Hospital
 3517  Diversion Pilot Program in Alachua, Broward, Escambia,
 3518  Hillsborough, and Miami-Dade Counties, in conjunction with the
 3519  Eighth Judicial Circuit, the Seventeenth Judicial Circuit, the
 3520  First Judicial Circuit, the Thirteenth Judicial Circuit, and the
 3521  Eleventh Judicial Circuit, respectively, which shall be modeled
 3522  after the Miami-Dade Forensic Alternative Center, taking into
 3523  account local needs and subject to the availability of local
 3524  resources.
 3525         (b) In creating and implementing the program, the
 3526  department shall include a comprehensive continuum of care and
 3527  services which uses evidence-based practices and best practices
 3528  to treat individuals who have mental health and co-occurring
 3529  substance use disorders.
 3530         (c) The department and the respective judicial circuits
 3531  shall implement this section within available resources. State
 3532  funding may be made available through a specific appropriation.
 3533         (4) ELIGIBILITY.—Participation in the Forensic Hospital
 3534  Diversion Pilot Program is limited to individuals who:
 3535         (a) Are 18 years of age or older;
 3536         (b) Are charged with a felony of the second degree or a
 3537  felony of the third degree;
 3538         (c) Do not have a significant history of violent criminal
 3539  offenses;
 3540         (d) Have been adjudicated incompetent to proceed to trial
 3541  or not guilty by reason of insanity under this part;
 3542         (e) Meet public safety and treatment criteria established
 3543  by the department for placement in a community setting; and
 3544         (f) Would be admitted to a state mental health treatment
 3545  facility if not for the availability of the Forensic Hospital
 3546  Diversion Pilot Program.
 3547         (5) TRAINING.—The Legislature encourages the Florida
 3548  Supreme Court, in consultation and cooperation with the Task
 3549  Force on Substance Abuse and Mental Health Issues in the Courts,
 3550  to develop educational training on the community forensic system
 3551  for judges in the pilot program areas.
 3552         (6) RULEMAKING.—The department may adopt rules to
 3553  administer this section.
 3554         (7) REPORT.—The Office of Program Policy Analysis and
 3555  Government Accountability shall review and evaluate the Forensic
 3556  Hospital Diversion Pilot Program and submit a report to the
 3557  Governor, the President of the Senate, and the Speaker of the
 3558  House of Representatives by December 31, 2016. The report shall
 3559  examine the efficiency and cost-effectiveness of providing
 3560  forensic mental health services in secure, outpatient,
 3561  community-based settings. In addition, the report shall examine
 3562  the impact of the Forensic Hospital Diversion Pilot Program on
 3563  public health and safety.
 3564         Section 35. Section 944.805, Florida Statutes, is created
 3565  to read:
 3566         944.805Nonviolent offender reentry program.—
 3567         (1) As used in this section, the term:
 3568         (a) “Department” means the Department of Corrections.
 3569         (b) “Nonviolent offender” means an offender whose primary
 3570  offense is a felony of the third degree, who is not the subject
 3571  of a domestic violence injunction currently in force, and who
 3572  has never been convicted of:
 3573         1. A forcible felony as defined in s. 776.08;
 3574         2. An offense specified in s. 775.082(9)(a)1.r., regardless
 3575  of prior incarceration or release;
 3576         3. An offense described in chapter 847;
 3577         4. An offense under chapter 827;
 3578         5. Any offense specified in s. 784.07, s. 784.074, s.
 3579  784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085;
 3580         6. Any offense involving the possession or use of a
 3581  firearm;
 3582         7. A capital felony or a felony of the first or second
 3583  degree;
 3584         8. Any offense that requires a person to register as a
 3585  sexual offender pursuant to s. 943.0435.
 3586         (2)(a) The department shall develop and administer a
 3587  reentry program for nonviolent offenders. The reentry program
 3588  must include prison-based substance abuse treatment, general
 3589  education development and adult basic education courses,
 3590  vocational training, training in decisionmaking and personal
 3591  development, and other rehabilitation programs.
 3592         (b) The reentry program is intended to divert nonviolent
 3593  offenders from long periods of incarceration when a reduced
 3594  period of incarceration supplemented by participation in
 3595  intensive substance abuse treatment and rehabilitative
 3596  programming could produce the same deterrent effect, protect the
 3597  public, rehabilitate the offender, and reduce recidivism.
 3598         (c) The nonviolent offender must serve at least 6 months in
 3599  the reentry program. The offender may not count any portion of
 3600  his or her sentence served before placement in the reentry
 3601  program as progress toward program completion.
 3602         (d) A reentry program may be operated in a secure area in
 3603  or adjacent to a correctional institution.
 3604         (3) The department shall screen offenders committed to the
 3605  department for eligibility to participate in the reentry program
 3606  using the criteria in this section. To be eligible, an offender
 3607  must be a nonviolent offender, must have served at least one
 3608  half of his or her original sentence, and must have been
 3609  identified as needing substance abuse treatment.
 3610         (4) In addition, the department must consider the following
 3611  factors when selecting participants for the reentry program:
 3612         (a) The offender’s history of disciplinary reports.
 3613         (b) The offender’s criminal history.
 3614         (c) The severity of the offender’s addiction.
 3615         (d) The offender’s history of criminal behavior related to
 3616  substance abuse.
 3617         (e) Whether the offender has participated or requested to
 3618  participate in any general educational development certificate
 3619  program or other educational, technical, work, vocational, or
 3620  self-rehabilitation program.
 3621         (f) The results of any risk assessment of the offender.
 3622         (g) The outcome of all past participation of the offender
 3623  in substance abuse treatment programs.
 3624         (h) The possible rehabilitative benefits that substance
 3625  abuse treatment, educational programming, vocational training,
 3626  and other rehabilitative programming might have on the offender.
 3627         (i) The likelihood that the offender’s participation in the
 3628  program will produce the same deterrent effect, protect the
 3629  public, save taxpayer dollars, and prevent or delay recidivism
 3630  to an equal or greater extent than completion of the sentence
 3631  previously imposed.
 3632         (5)(a) If an offender volunteers to participate in the
 3633  reentry program, meets the eligibility criteria, and is selected
 3634  by the department based on the considerations in subsection (4)
 3635  and if space is available in the reentry program, the department
 3636  may request the sentencing court to approve the offender’s
 3637  participation in the reentry program. The request must be made
 3638  in writing, must include a brief summation of the department’s
 3639  evaluation under subsection (4), and must identify the documents
 3640  or other information upon which the evaluation is based. The
 3641  request and all accompanying documents may be delivered to the
 3642  sentencing court electronically.
 3643         (b)1. The department shall notify the state attorney that
 3644  the offender is being considered for placement in the reentry
 3645  program. The notice must include a copy of all documents
 3646  provided with the request to the court. The notice and all
 3647  accompanying documents may be delivered to the state attorney
 3648  electronically and may take the form of a copy of an electronic
 3649  delivery made to the sentencing court.
 3650         2. The notice must also state that the state attorney may
 3651  notify the sentencing court in writing of any objection he or
 3652  she may have to placement of the nonviolent offender in the
 3653  reentry program. Such notification must be made within 15 days
 3654  after receipt of the notice by the state attorney from the
 3655  department. Regardless of whether an objection is raised, the
 3656  state attorney may provide the sentencing court with any
 3657  information supplemental or contrary to the information provided
 3658  by the department which may assist the court in its
 3659  determination.
 3660         (c) In determining whether to approve a nonviolent offender
 3661  for participation in the reentry program, the sentencing court
 3662  may consider any facts that the court considers relevant,
 3663  including, but not limited to, the criteria listed in subsection
 3664  (4); the original sentencing report and any evidence admitted in
 3665  a previous sentencing proceeding; the offender’s record of
 3666  arrests without conviction for crimes; any other evidence of
 3667  allegations of unlawful conduct or the use of violence by the
 3668  offender; the offender’s family ties, length of residence in the
 3669  community, employment history, and mental condition; the
 3670  likelihood that participation in the program will produce the
 3671  same deterrent effect, rehabilitate the offender, and prevent or
 3672  delay recidivism to an equal or greater extent than completion
 3673  of the sentence previously imposed; and the likelihood that the
 3674  offender will engage again in criminal conduct.
 3675         (d) The sentencing court shall notify the department in
 3676  writing of the court’s decision to approve or disapprove the
 3677  requested placement of the nonviolent offender no later than 30
 3678  days after the court receives the department’s request to place
 3679  the offender in the reentry program. If the court approves the
 3680  placement, the notification must list the factors upon which the
 3681  court relied in making its determination.
 3682         (6) After the nonviolent offender is admitted to the
 3683  reentry program, he or she shall undergo a complete substance
 3684  abuse assessment to determine his or her substance abuse
 3685  treatment needs. The offender shall also receive an educational
 3686  assessment, which must be accomplished using the Test of Adult
 3687  Basic Education or any other testing instrument approved by the
 3688  Department of Education. Each offender who has not obtained a
 3689  high school diploma shall be enrolled in an adult education
 3690  program designed to aid the offender in improving his or her
 3691  academic skills and earning a high school diploma. Additional
 3692  assessments of the offender’s vocational skills and future
 3693  career education shall be provided to the offender as needed. A
 3694  periodic reevaluation shall be made to assess the progress of
 3695  each offender.
 3696         (7)(a) If a nonviolent offender in the reentry program
 3697  becomes unmanageable, the department may revoke the offender’s
 3698  gain-time and place the offender in disciplinary confinement in
 3699  accordance with department rule. Except as provided in paragraph
 3700  (b), the offender shall be readmitted to the reentry program
 3701  after completing the ordered discipline. Any period during which
 3702  the offender cannot participate in the reentry program must be
 3703  excluded from the specified time requirements in the reentry
 3704  program.
 3705         (b) The department may terminate an offender from the
 3706  reentry program if:
 3707         1. The offender commits or threatens to commit a violent
 3708  act;
 3709         2. The department determines that the offender cannot
 3710  participate in the reentry program because of the offender’s
 3711  medical condition;
 3712         3. The offender’s sentence is modified or expires;
 3713         4. The department reassigns the offender’s classification
 3714  status; or
 3715         5. The department determines that removing the offender
 3716  from the reentry program is in the best interest of the offender
 3717  or the security of the reentry program facility.
 3718         (8)(a) The department shall submit a report to the
 3719  sentencing court at least 30 days before the nonviolent offender
 3720  is scheduled to complete the reentry program. The report must
 3721  describe the offender’s performance in the reentry program and
 3722  certify whether the performance is satisfactory. The court may
 3723  schedule a hearing to consider any modification to the imposed
 3724  sentence. Notwithstanding the eligibility criteria contained in
 3725  s. 948.20, if the offender’s performance is satisfactory to the
 3726  department and the court, the court shall issue an order
 3727  modifying the sentence imposed and placing the offender on drug
 3728  offender probation, as described in s. 948.20(2), subject to the
 3729  department’s certification of the offender’s successful
 3730  completion of the remainder of the reentry program. The term of
 3731  drug offender probation must not be less than the remaining time
 3732  the offender would have served in prison had he or she not
 3733  participated in the program. A condition of drug offender
 3734  probation may include electronic monitoring or placement in a
 3735  community residential or nonresidential licensed substance abuse
 3736  treatment facility under the jurisdiction of the department or
 3737  the Department of Children and Families or any public or private
 3738  entity providing such services. The order must include findings
 3739  that the offender’s performance is satisfactory, that the
 3740  requirements for resentencing under this section are satisfied,
 3741  and that public safety will not be compromised. If the
 3742  nonviolent offender violates the conditions of drug offender
 3743  probation, the court may revoke probation and impose any
 3744  sentence that it might have originally imposed. An offender may
 3745  not be released from the custody of the department under this
 3746  section except pursuant to a judicial order modifying his or her
 3747  sentence.
 3748         (b) If an offender released pursuant to paragraph (a)
 3749  intends to reside in a county that has established a
 3750  postadjudicatory drug court program as described in s. 397.334,
 3751  the sentencing court may require the offender to successfully
 3752  complete the postadjudicatory drug court program as a condition
 3753  of drug offender probation. The original sentencing court shall
 3754  relinquish jurisdiction of the offender’s case to the
 3755  postadjudicatory drug court program until the offender is no
 3756  longer active in the program, the case is returned to the
 3757  sentencing court due to the offender’s termination from the
 3758  program for failure to comply with the terms of the program, or
 3759  the offender’s sentence is completed. An offender who is
 3760  transferred to a postadjudicatory drug court program shall
 3761  comply with all conditions and orders of the program.
 3762         (9) The department shall implement the reentry program to
 3763  the fullest extent feasible within available resources.
 3764         (10) The department may enter into performance-based
 3765  contracts with qualified individuals, agencies, or corporations
 3766  for the provision of any or all of the services for the reentry
 3767  program. However, an offender may not be released from the
 3768  custody of the department under this section except pursuant to
 3769  a judicial order modifying a sentence.
 3770         (11) A nonviolent offender in the reentry program is
 3771  subject to rules of conduct established by the department and
 3772  may have sanctions imposed, including loss of privileges,
 3773  restrictions, disciplinary confinement, alteration of release
 3774  plans, or other program modifications in keeping with the nature
 3775  and gravity of the program violation. Administrative or
 3776  protective confinement, as necessary, may be imposed.
 3777         (12) This section does not create or confer any right to
 3778  any offender to placement in the reentry program or any right to
 3779  placement or early release under supervision of any type. An
 3780  inmate does not have a cause of action under this section
 3781  against the department, a court, or the state attorney related
 3782  to the reentry program.
 3783         (13) The department may establish a system of incentives
 3784  within the reentry program which the department may use to
 3785  promote participation in rehabilitative programs and the orderly
 3786  operation of institutions and facilities.
 3787         (14) The department shall develop a system for tracking
 3788  recidivism, including, but not limited to, rearrests and
 3789  recommitment of nonviolent offenders who successfully complete
 3790  the reentry program, and shall report the recidivism rate in the
 3791  annual report required under this section.
 3792         (15) The department shall submit an annual report to the
 3793  Governor, the President of the Senate, and the Speaker of the
 3794  House of Representatives detailing the extent of implementation
 3795  of the reentry program and the number of participants who are
 3796  selected by the department, the number of participants who are
 3797  approved by the court, and the number of participants who
 3798  successfully complete the program. The report must include a
 3799  reasonable estimate or description of the additional public
 3800  costs incurred and any public funds saved with respect to each
 3801  participant, a brief description of each sentence modification,
 3802  and a brief description of the subsequent criminal history, if
 3803  any, of each participant following any modification of sentence
 3804  under this section. The report must also include future goals
 3805  and any recommendations that the department has for future
 3806  legislative action.
 3807         (16) The department shall adopt rules as necessary to
 3808  administer the reentry program.
 3809         (17) Nothing in this section is severable from the
 3810  remaining provisions of this section. If any subsection of this
 3811  section is determined by any state or federal court to be not
 3812  fully enforceable, this section shall stand repealed in its
 3813  entirety.
 3814         Section 36. Paragraph (a) of subsection (7) of section
 3815  948.08, Florida Statutes, is amended to read:
 3816         948.08 Pretrial intervention program.—
 3817         (7)(a) Notwithstanding any provision of this section, a
 3818  person who is charged with a felony, other than a felony listed
 3819  in s. 948.06(8)(c), and identified as a veteran, as defined in
 3820  s. 1.01, including a veteran who was discharged or released
 3821  under a general discharge, or servicemember, as defined in s.
 3822  250.01, who suffers from a military service-related mental
 3823  illness, traumatic brain injury, substance abuse disorder, or
 3824  psychological problem, is eligible for voluntary admission into
 3825  a pretrial veterans’ treatment intervention program approved by
 3826  the chief judge of the circuit, upon motion of either party or
 3827  the court’s own motion, except:
 3828         1. If a defendant was previously offered admission to a
 3829  pretrial veterans’ treatment intervention program at any time
 3830  before trial and the defendant rejected that offer on the
 3831  record, the court may deny the defendant’s admission to such a
 3832  program.
 3833         2. If a defendant previously entered a court-ordered
 3834  veterans’ treatment program, the court may deny the defendant’s
 3835  admission into the pretrial veterans’ treatment program.
 3836         Section 37. Paragraph (a) of subsection (2) of section
 3837  948.16, Florida Statutes, is amended to read:
 3838         948.16 Misdemeanor pretrial substance abuse education and
 3839  treatment intervention program; misdemeanor pretrial veterans’
 3840  treatment intervention program.—
 3841         (2)(a) A veteran, as defined in s. 1.01, including a
 3842  veteran who was discharged or released under a general
 3843  discharge, or servicemember, as defined in s. 250.01, who
 3844  suffers from a military service-related mental illness,
 3845  traumatic brain injury, substance abuse disorder, or
 3846  psychological problem, and who is charged with a misdemeanor is
 3847  eligible for voluntary admission into a misdemeanor pretrial
 3848  veterans’ treatment intervention program approved by the chief
 3849  judge of the circuit, for a period based on the program’s
 3850  requirements and the treatment plan for the offender, upon
 3851  motion of either party or the court’s own motion. However, the
 3852  court may deny the defendant admission into a misdemeanor
 3853  pretrial veterans’ treatment intervention program if the
 3854  defendant has previously entered a court-ordered veterans’
 3855  treatment program.
 3856         Section 38. Section 948.21, Florida Statutes, is amended to
 3857  read:
 3858         948.21 Condition of probation or community control;
 3859  military servicemembers and veterans.—
 3860         (1) Effective for a probationer or community controllee
 3861  whose crime was committed on or after July 1, 2012, and who is a
 3862  veteran, as defined in s. 1.01, or servicemember, as defined in
 3863  s. 250.01, who suffers from a military service-related mental
 3864  illness, traumatic brain injury, substance abuse disorder, or
 3865  psychological problem, the court may, in addition to any other
 3866  conditions imposed, impose a condition requiring the probationer
 3867  or community controllee to participate in a treatment program
 3868  capable of treating the probationer or community controllee’s
 3869  mental illness, traumatic brain injury, substance abuse
 3870  disorder, or psychological problem.
 3871         (2) Effective for a probationer or community controllee
 3872  whose crime was committed on or after July 1, 2015, and who is a
 3873  veteran, as defined in s. 1.01, including a veteran who was
 3874  discharged or released under a general discharge, or a
 3875  servicemember, as defined in s. 250.01, who suffers from a
 3876  military service-related mental illness, traumatic brain injury,
 3877  substance abuse disorder, or psychological problem, the court
 3878  may impose, in addition to any other conditions imposed, a
 3879  condition requiring the probationer or community controllee to
 3880  participate in a treatment program established to treat the
 3881  probationer or community controllee’s mental illness, traumatic
 3882  brain injury, substance abuse disorder, or psychological
 3883  problem.
 3884         (3) The court shall give preference to treatment programs
 3885  for which the probationer or community controllee is eligible
 3886  through the United States Department of Veterans Affairs or the
 3887  Florida Department of Veterans’ Affairs. The Department of
 3888  Corrections is not required to spend state funds to implement
 3889  this section.
 3890         Section 39. Paragraph (l) is added to subsection (3) of
 3891  section 1002.20, Florida Statutes, to read:
 3892         1002.20 K-12 student and parent rights.—Parents of public
 3893  school students must receive accurate and timely information
 3894  regarding their child’s academic progress and must be informed
 3895  of ways they can help their child to succeed in school. K-12
 3896  students and their parents are afforded numerous statutory
 3897  rights including, but not limited to, the following:
 3898         (3) HEALTH ISSUES.—
 3899         (l) Notification of involuntary examinations.—The public
 3900  school principal or the principal’s designee shall immediately
 3901  notify the parent of a student who is removed from school,
 3902  school transportation, or a school-sponsored activity and taken
 3903  to a receiving facility for an involuntary examination pursuant
 3904  to s. 394.463. The principal or the principal’s designee may
 3905  delay notification for no more than 24 hours after the student
 3906  is removed from school if the principal or designee deems the
 3907  delay to be in the student’s best interest and if a report has
 3908  been submitted to the central abuse hotline, pursuant to s.
 3909  39.201, based upon knowledge or suspicion of abuse, abandonment,
 3910  or neglect. Each district school board shall develop a policy
 3911  and procedures for notification under this paragraph.
 3912         Section 40. Paragraph (q) is added to subsection (9) of
 3913  section 1002.33, Florida Statutes, to read:
 3914         1002.33 Charter schools.—
 3915         (9) CHARTER SCHOOL REQUIREMENTS.—
 3916         (q) The charter school principal or the principal’s
 3917  designee shall immediately notify the parent of a student who is
 3918  removed from school, school transportation, or a school
 3919  sponsored activity and taken to a receiving facility for an
 3920  involuntary examination pursuant to s. 394.463. The principal or
 3921  the principal’s designee may delay notification for no more than
 3922  24 hours after the student is removed from school if the
 3923  principal or designee deems the delay to be in the student’s
 3924  best interest and if a report has been submitted to the central
 3925  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 3926  suspicion of abuse, abandonment, or neglect. Each charter school
 3927  governing board shall develop a policy and procedures for
 3928  notification under this paragraph.
 3929         Section 41. Effective July 1, 2016, paragraph (a) of
 3930  subsection (3) of section 39.407, Florida Statutes, is amended
 3931  to read:
 3932         39.407 Medical, psychiatric, and psychological examination
 3933  and treatment of child; physical, mental, or substance abuse
 3934  examination of person with or requesting child custody.—
 3935         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 3936  or paragraph (e), before the department provides psychotropic
 3937  medications to a child in its custody, the prescribing physician
 3938  shall attempt to obtain express and informed consent, as defined
 3939  in s. 394.455(13) s. 394.455(9) and as described in s.
 3940  394.459(4)(a) s. 394.459(3)(a), from the child’s parent or legal
 3941  guardian. The department must take steps necessary to facilitate
 3942  the inclusion of the parent in the child’s consultation with the
 3943  physician. However, if the parental rights of the parent have
 3944  been terminated, the parent’s location or identity is unknown or
 3945  cannot reasonably be ascertained, or the parent declines to give
 3946  express and informed consent, the department may, after
 3947  consultation with the prescribing physician, seek court
 3948  authorization to provide the psychotropic medications to the
 3949  child. Unless parental rights have been terminated and if it is
 3950  possible to do so, the department shall continue to involve the
 3951  parent in the decisionmaking process regarding the provision of
 3952  psychotropic medications. If, at any time, a parent whose
 3953  parental rights have not been terminated provides express and
 3954  informed consent to the provision of a psychotropic medication,
 3955  the requirements of this section that the department seek court
 3956  authorization do not apply to that medication until such time as
 3957  the parent no longer consents.
 3958         2. Any time the department seeks a medical evaluation to
 3959  determine the need to initiate or continue a psychotropic
 3960  medication for a child, the department must provide to the
 3961  evaluating physician all pertinent medical information known to
 3962  the department concerning that child.
 3963         Section 42. Effective July 1, 2016, subsection (2) of
 3964  section 394.4612, Florida Statutes, is amended to read:
 3965         394.4612 Integrated adult mental health crisis
 3966  stabilization and addictions receiving facilities.—
 3967         (2) An integrated mental health crisis stabilization unit
 3968  and addictions receiving facility may provide services under
 3969  this section to adults who are 18 years of age or older and who
 3970  fall into one or more of the following categories:
 3971         (a) An adult meeting the requirements for voluntary
 3972  admission for mental health treatment under s. 394.4625.
 3973         (b) An adult meeting the criteria for involuntary
 3974  examination for mental illness under s. 394.463.
 3975         (c) An adult qualifying for voluntary admission for
 3976  substance abuse treatment under s. 394.4625 s. 397.601.
 3977         (d) An adult meeting the criteria for involuntary admission
 3978  for substance abuse impairment under s. 394.463 s. 397.675.
 3979         Section 43. Effective July 1, 2016, paragraphs (a) and (c)
 3980  of subsection (3) of section 394.495, Florida Statutes, are
 3981  amended to read:
 3982         394.495 Child and adolescent mental health system of care;
 3983  programs and services.—
 3984         (3) Assessments must be performed by:
 3985         (a) A professional as defined in s. 394.455(6), (31), (34),
 3986  (35), or (36) s. 394.455(2), (4), (21), (23), or (24);
 3987         (c) A person who is under the direct supervision of a
 3988  professional as defined in s. 394.455(6), (31), (34), (35), or
 3989  (36) s. 394.455(2), (4), (21), (23), or (24) or a professional
 3990  licensed under chapter 491.
 3991  
 3992  The department shall adopt by rule statewide standards for
 3993  mental health assessments, which must be based on current
 3994  relevant professional and accreditation standards.
 3995         Section 44. Effective July 1, 2016, subsection (6) of
 3996  section 394.496, Florida Statutes, is amended to read:
 3997         394.496 Service planning.—
 3998         (6) A professional as defined in s. 394.455(6), (31), (34),
 3999  (35), or (36) s. 394.455(2), (4), (21), (23), or (24) or a
 4000  professional licensed under chapter 491 must be included among
 4001  those persons developing the services plan.
 4002         Section 45. Effective July 1, 2016, subsection (2) of
 4003  section 394.499, Florida Statutes, is amended to read:
 4004         394.499 Integrated children’s crisis stabilization
 4005  unit/juvenile addictions receiving facility services.—
 4006         (2) Children eligible to receive integrated children’s
 4007  crisis stabilization unit/juvenile addictions receiving facility
 4008  services include:
 4009         (a) A person under 18 years of age for whom voluntary
 4010  application is made by his or her guardian, if such person is
 4011  found to show evidence of mental illness and to be suitable for
 4012  treatment pursuant to s. 394.4625. A person under 18 years of
 4013  age may be admitted for integrated facility services only after
 4014  a hearing to verify that the consent to admission is voluntary.
 4015         (b) A person under 18 years of age who may be taken to a
 4016  receiving facility for involuntary examination, if there is
 4017  reason to believe that he or she is mentally ill and because of
 4018  his or her mental illness, pursuant to s. 394.463:
 4019         1. Has refused voluntary examination after conscientious
 4020  explanation and disclosure of the purpose of the examination; or
 4021         2. Is unable to determine for himself or herself whether
 4022  examination is necessary; and
 4023         a. Without care or treatment is likely to suffer from
 4024  neglect or refuse to care for himself or herself; such neglect
 4025  or refusal poses a real and present threat of substantial harm
 4026  to his or her well-being; and it is not apparent that such harm
 4027  may be avoided through the help of willing family members or
 4028  friends or the provision of other services; or
 4029         b. There is a substantial likelihood that without care or
 4030  treatment he or she will cause serious bodily harm to himself or
 4031  herself or others in the near future, as evidenced by recent
 4032  behavior.
 4033         (c) A person under 18 years of age who wishes to enter
 4034  treatment for substance abuse and applies to a service provider
 4035  for voluntary admission, pursuant to s. 394.4625(1)(a) s.
 4036  397.601.
 4037         (d) A person under 18 years of age who meets the criteria
 4038  for involuntary admission because there is good faith reason to
 4039  believe the person is substance abuse impaired pursuant to s.
 4040  397.675 and, because of such impairment:
 4041         1. Has lost the power of self-control with respect to
 4042  substance use; and
 4043         2.a. Has inflicted, or threatened or attempted to inflict,
 4044  or unless admitted is likely to inflict, physical harm on
 4045  himself or herself or another; or
 4046         b. Is in need of substance abuse services and, by reason of
 4047  substance abuse impairment, his or her judgment has been so
 4048  impaired that the person is incapable of appreciating his or her
 4049  need for such services and of making a rational decision in
 4050  regard thereto; however, mere refusal to receive such services
 4051  does not constitute evidence of lack of judgment with respect to
 4052  his or her need for such services.
 4053         (d)(e) A person under 18 years of age who meets the
 4054  criteria for examination or admission under paragraph (b) or
 4055  paragraph (d) and has a coexisting mental health and substance
 4056  abuse disorder.
 4057         Section 46. Effective July 1, 2016, subsection (18) of
 4058  section 394.67, Florida Statutes, is amended to read:
 4059         394.67 Definitions.—As used in this part, the term:
 4060         (18) “Person who is experiencing an acute substance abuse
 4061  crisis” means a child, adolescent, or adult who is experiencing
 4062  a medical or emotional crisis because of the use of alcoholic
 4063  beverages or any psychoactive or mood-altering substance. The
 4064  term includes an individual who meets the criteria for
 4065  involuntary admission specified in s. 394.463 s. 397.675.
 4066         Section 47. Effective July 1, 2016, subsection (2) of
 4067  section 394.674, Florida Statutes, is amended to read:
 4068         394.674 Eligibility for publicly funded substance abuse and
 4069  mental health services; fee collection requirements.—
 4070         (2) Crisis services, as defined in s. 394.67, must, within
 4071  the limitations of available state and local matching resources,
 4072  be available to each person who is eligible for services under
 4073  subsection (1), regardless of the person’s ability to pay for
 4074  such services. A person who is experiencing a mental health
 4075  crisis and who does not meet the criteria for involuntary
 4076  examination under s. 394.463(1), or a person who is experiencing
 4077  a substance abuse crisis and who does not meet the involuntary
 4078  admission criteria in s. 394.463 s. 397.675, must contribute to
 4079  the cost of his or her care and treatment pursuant to the
 4080  sliding fee scale developed under subsection (4), unless
 4081  charging a fee is contraindicated because of the crisis
 4082  situation.
 4083         Section 48. Effective July 1, 2016, subsection (6) of
 4084  section 394.9085, Florida Statutes, is amended to read:
 4085         394.9085 Behavioral provider liability.—
 4086         (6) For purposes of this section, the terms “detoxification
 4087  services,” “addictions receiving facility,” and “receiving
 4088  facility” have the same meanings as those provided in ss.
 4089  397.311(18)(a)4., 397.311(18)(a)1., and 394.455(27) 394.455(26),
 4090  respectively.
 4091         Section 49. Effective July 1, 2016, subsection (11) and
 4092  paragraph (a) of subsection (18) of section 397.311, Florida
 4093  Statutes, are amended to read:
 4094         397.311 Definitions.—As used in this chapter, except part
 4095  VIII, the term:
 4096         (11) “Habitual abuser” means a person who is brought to the
 4097  attention of law enforcement for being substance impaired, who
 4098  meets the criteria for involuntary admission in s.394.463 s.
 4099  397.675, and who has been taken into custody for such impairment
 4100  three or more times during the preceding 12 months.
 4101         (18) Licensed service components include a comprehensive
 4102  continuum of accessible and quality substance abuse prevention,
 4103  intervention, and clinical treatment services, including the
 4104  following services:
 4105         (a) “Clinical treatment” means a professionally directed,
 4106  deliberate, and planned regimen of services and interventions
 4107  that are designed to reduce or eliminate the misuse of drugs and
 4108  alcohol and promote a healthy, drug-free lifestyle. As defined
 4109  by rule, “clinical treatment services” include, but are not
 4110  limited to, the following licensable service components:
 4111         1. “Addictions receiving facility” is a secure, acute care
 4112  facility that provides, at a minimum, detoxification and
 4113  stabilization services and; is operated 24 hours per day, 7 days
 4114  per week; and is designated by the department to serve
 4115  individuals found to be substance use impaired as described in
 4116  s. 394.463 s. 397.675 who meet the placement criteria for this
 4117  component.
 4118         2. “Day or night treatment” is a service provided in a
 4119  nonresidential environment, with a structured schedule of
 4120  treatment and rehabilitative services.
 4121         3. “Day or night treatment with community housing” means a
 4122  program intended for individuals who can benefit from living
 4123  independently in peer community housing while participating in
 4124  treatment services for a minimum of 5 hours a day for a minimum
 4125  of 25 hours per week.
 4126         4. “Detoxification” is a service involving subacute care
 4127  that is provided on an inpatient or an outpatient basis to
 4128  assist individuals to withdraw from the physiological and
 4129  psychological effects of substance abuse and who meet the
 4130  placement criteria for this component.
 4131         5. “Intensive inpatient treatment” includes a planned
 4132  regimen of evaluation, observation, medical monitoring, and
 4133  clinical protocols delivered through an interdisciplinary team
 4134  approach provided 24-hours-per-day 24 hours per day, 7-days-per
 4135  week 7 days per week, in a highly structured, live-in
 4136  environment.
 4137         6. “Intensive outpatient treatment” is a service that
 4138  provides individual or group counseling in a more structured
 4139  environment, is of higher intensity and duration than outpatient
 4140  treatment, and is provided to individuals who meet the placement
 4141  criteria for this component.
 4142         7. “Medication-assisted treatment for opiate addiction” is
 4143  a service that uses methadone or other medication as authorized
 4144  by state and federal law, in combination with medical,
 4145  rehabilitative, and counseling services in the treatment of
 4146  individuals who are dependent on opioid drugs.
 4147         8. “Outpatient treatment” is a service that provides
 4148  individual, group, or family counseling by appointment during
 4149  scheduled operating hours for individuals who meet the placement
 4150  criteria for this component.
 4151         9. “Residential treatment” is a service provided in a
 4152  structured live-in environment within a nonhospital setting on a
 4153  24-hours-per-day, 7-days-per-week basis, and is intended for
 4154  individuals who meet the placement criteria for this component.
 4155         Section 50. Effective July 1, 2016, paragraph (b) of
 4156  subsection (2) of section 397.702, Florida Statutes, is amended
 4157  to read:
 4158         397.702 Authorization of local ordinances for treatment of
 4159  habitual abusers in licensed secure facilities.—
 4160         (2) Ordinances for the treatment of habitual abusers must
 4161  provide:
 4162         (b) That when seeking treatment of a habitual abuser, the
 4163  county or municipality, through an officer or agent specified in
 4164  the ordinance, must file with the court a petition which alleges
 4165  the following information about the alleged habitual abuser (the
 4166  respondent):
 4167         1. The name, address, age, and gender of the respondent.
 4168         2. The name of any spouse, adult child, other relative, or
 4169  guardian of the respondent, if known to the petitioner, and the
 4170  efforts, if any, by the petitioner, if any, to ascertain this
 4171  information.
 4172         3. The name of the petitioner, the name of the person who
 4173  has physical custody of the respondent, and the current location
 4174  of the respondent.
 4175         4. That the respondent has been taken into custody for
 4176  impairment in a public place, or has been arrested for an
 4177  offense committed while impaired, three or more times during the
 4178  preceding 12 months.
 4179         5. Specific facts indicating that the respondent meets the
 4180  criteria for involuntary admission in s. 394.463 s. 397.675.
 4181         6. Whether the respondent was advised of his or her right
 4182  to be represented by counsel and to request that the court
 4183  appoint an attorney if he or she is unable to afford one, and
 4184  whether the respondent indicated to petitioner his or her desire
 4185  to have an attorney appointed.
 4186         Section 51. Section 402.3057, Florida Statutes, is amended
 4187  to read:
 4188         402.3057 Persons not required to be refingerprinted or
 4189  rescreened.—Any provision of law to the contrary
 4190  notwithstanding, human resource personnel who have been
 4191  fingerprinted or screened pursuant to chapters 393, 394, 397,
 4192  402, and 409, and teachers and noninstructional personnel who
 4193  have been fingerprinted pursuant to chapter 1012, who have not
 4194  been unemployed for more than 90 days thereafter, and who under
 4195  the penalty of perjury attest to the completion of such
 4196  fingerprinting or screening and to compliance with the
 4197  provisions of this section and the standards for good moral
 4198  character as contained in such provisions as ss. 110.1127(2)(c),
 4199  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
 4200  shall not be required to be refingerprinted or rescreened in
 4201  order to comply with any caretaker screening or fingerprinting
 4202  requirements.
 4203         Section 52. Section 409.1757, Florida Statutes, is amended
 4204  to read:
 4205         409.1757 Persons not required to be refingerprinted or
 4206  rescreened.—Any law to the contrary notwithstanding, human
 4207  resource personnel who have been fingerprinted or screened
 4208  pursuant to chapters 393, 394, 397, 402, and this chapter,
 4209  teachers who have been fingerprinted pursuant to chapter 1012,
 4210  and law enforcement officers who meet the requirements of s.
 4211  943.13, who have not been unemployed for more than 90 days
 4212  thereafter, and who under the penalty of perjury attest to the
 4213  completion of such fingerprinting or screening and to compliance
 4214  with this section and the standards for good moral character as
 4215  contained in such provisions as ss. 110.1127(2)(c), 393.0655(1),
 4216  394.457(6), 397.451, 402.305(2), 409.175(6), and 943.13(7), are
 4217  not required to be refingerprinted or rescreened in order to
 4218  comply with any caretaker screening or fingerprinting
 4219  requirements.
 4220         Section 53. Effective July 1, 2016, paragraph (b) of
 4221  subsection (1) of section 409.972, Florida Statutes, is amended
 4222  to read:
 4223         409.972 Mandatory and voluntary enrollment.—
 4224         (1) The following Medicaid-eligible persons are exempt from
 4225  mandatory managed care enrollment required by s. 409.965, and
 4226  may voluntarily choose to participate in the managed medical
 4227  assistance program:
 4228         (b) Medicaid recipients residing in residential commitment
 4229  facilities operated through the Department of Juvenile Justice
 4230  or mental health treatment facilities as defined by s.
 4231  394.455(47) s. 394.455(32).
 4232         Section 54. Effective July 1, 2016, subsection (7) of
 4233  section 744.704, Florida Statutes, is amended to read:
 4234         744.704 Powers and duties.—
 4235         (7) A public guardian shall not commit a ward to a mental
 4236  health treatment facility, as defined in s. 394.455(47) s.
 4237  394.455(32), without an involuntary placement proceeding as
 4238  provided by law.
 4239         Section 55. Effective July 1, 2016, paragraph (a) of
 4240  subsection (2) of section 790.065, Florida Statutes, is amended
 4241  to read:
 4242         790.065 Sale and delivery of firearms.—
 4243         (2) Upon receipt of a request for a criminal history record
 4244  check, the Department of Law Enforcement shall, during the
 4245  licensee’s call or by return call, forthwith:
 4246         (a) Review any records available to determine if the
 4247  potential buyer or transferee:
 4248         1. Has been convicted of a felony and is prohibited from
 4249  receipt or possession of a firearm pursuant to s. 790.23;
 4250         2. Has been convicted of a misdemeanor crime of domestic
 4251  violence, and therefore is prohibited from purchasing a firearm;
 4252         3. Has had adjudication of guilt withheld or imposition of
 4253  sentence suspended on any felony or misdemeanor crime of
 4254  domestic violence unless 3 years have elapsed since probation or
 4255  any other conditions set by the court have been fulfilled or
 4256  expunction has occurred; or
 4257         4. Has been adjudicated mentally defective or has been
 4258  committed to a mental institution by a court or as provided in
 4259  sub-sub-subparagraph b.(II), and as a result is prohibited by
 4260  state or federal law from purchasing a firearm.
 4261         a. As used in this subparagraph, “adjudicated mentally
 4262  defective” means a determination by a court that a person, as a
 4263  result of marked subnormal intelligence, or mental illness,
 4264  incompetency, condition, or disease, is a danger to himself or
 4265  herself or to others or lacks the mental capacity to contract or
 4266  manage his or her own affairs. The phrase includes a judicial
 4267  finding of incapacity under s. 744.331(6)(a), an acquittal by
 4268  reason of insanity of a person charged with a criminal offense,
 4269  and a judicial finding that a criminal defendant is not
 4270  competent to stand trial.
 4271         b. As used in this subparagraph, “committed to a mental
 4272  institution” means:
 4273         (I) Involuntary commitment, commitment for mental
 4274  defectiveness or mental illness, and commitment for substance
 4275  abuse. The phrase includes involuntary inpatient placement as
 4276  defined in s. 394.467, involuntary outpatient placement as
 4277  defined in s. 394.4655, involuntary assessment and stabilization
 4278  under s. 394.463(2)(g) s. 397.6818, or and involuntary substance
 4279  abuse treatment under s. 394.463 s. 397.6957, but does not
 4280  include a person in a mental institution for observation or
 4281  discharged from a mental institution based upon the initial
 4282  review by the physician or a voluntary admission to a mental
 4283  institution; or
 4284         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 4285  admission to a mental institution for outpatient or inpatient
 4286  treatment of a person who had an involuntary examination under
 4287  s. 394.463, where each of the following conditions have been
 4288  met:
 4289         (A) An examining physician found that the person is an
 4290  imminent danger to himself or herself or others.
 4291         (B) The examining physician certified that if the person
 4292  did not agree to voluntary treatment, a petition for involuntary
 4293  outpatient or inpatient treatment would have been filed under s.
 4294  394.463(2)(g) s. 394.463(2)(i)4., or the examining physician
 4295  certified that a petition was filed and the person subsequently
 4296  agreed to voluntary treatment prior to a court hearing on the
 4297  petition.
 4298         (C) Before agreeing to voluntary treatment, the person
 4299  received written notice of that finding and certification, and
 4300  written notice that as a result of such finding, he or she may
 4301  be prohibited from purchasing a firearm, and may not be eligible
 4302  to apply for or retain a concealed weapon or firearms license
 4303  under s. 790.06 and the person acknowledged such notice in
 4304  writing, in substantially the following form:
 4305  
 4306         “I understand that the doctor who examined me believes I am
 4307  a danger to myself or to others. I understand that if I do not
 4308  agree to voluntary treatment, a petition will be filed in court
 4309  to require me to receive involuntary treatment. I understand
 4310  that if that petition is filed, I have the right to contest it.
 4311  In the event a petition has been filed, I understand that I can
 4312  subsequently agree to voluntary treatment prior to a court
 4313  hearing. I understand that by agreeing to voluntary treatment in
 4314  either of these situations, I may be prohibited from buying
 4315  firearms and from applying for or retaining a concealed weapons
 4316  or firearms license until I apply for and receive relief from
 4317  that restriction under Florida law.”
 4318  
 4319         (D) A judge or a magistrate has, pursuant to sub-sub
 4320  subparagraph c.(II), reviewed the record of the finding,
 4321  certification, notice, and written acknowledgment classifying
 4322  the person as an imminent danger to himself or herself or
 4323  others, and ordered that such record be submitted to the
 4324  department.
 4325         c. In order to check for these conditions, the department
 4326  shall compile and maintain an automated database of persons who
 4327  are prohibited from purchasing a firearm based on court records
 4328  of adjudications of mental defectiveness or commitments to
 4329  mental institutions.
 4330         (I) Except as provided in sub-sub-subparagraph (II), clerks
 4331  of court shall submit these records to the department within 1
 4332  month after the rendition of the adjudication or commitment.
 4333  Reports shall be submitted in an automated format. The reports
 4334  must, at a minimum, include the name, along with any known alias
 4335  or former name, the sex, and the date of birth of the subject.
 4336         (II) For persons committed to a mental institution pursuant
 4337  to sub-sub-subparagraph b.(II), within 24 hours after the
 4338  person’s agreement to voluntary admission, a record of the
 4339  finding, certification, notice, and written acknowledgment must
 4340  be filed by the administrator of the receiving or treatment
 4341  facility, as defined in s. 394.455, with the clerk of the court
 4342  for the county in which the involuntary examination under s.
 4343  394.463 occurred. No fee shall be charged for the filing under
 4344  this sub-sub-subparagraph. The clerk must present the records to
 4345  a judge or magistrate within 24 hours after receipt of the
 4346  records. A judge or magistrate is required and has the lawful
 4347  authority to review the records ex parte and, if the judge or
 4348  magistrate determines that the record supports the classifying
 4349  of the person as an imminent danger to himself or herself or
 4350  others, to order that the record be submitted to the department.
 4351  If a judge or magistrate orders the submittal of the record to
 4352  the department, the record must be submitted to the department
 4353  within 24 hours.
 4354         d. A person who has been adjudicated mentally defective or
 4355  committed to a mental institution, as those terms are defined in
 4356  this paragraph, may petition the circuit court that made the
 4357  adjudication or commitment, or the court that ordered that the
 4358  record be submitted to the department pursuant to sub-sub
 4359  subparagraph c.(II), for relief from the firearm disabilities
 4360  imposed by such adjudication or commitment. A copy of the
 4361  petition shall be served on the state attorney for the county in
 4362  which the person was adjudicated or committed. The state
 4363  attorney may object to and present evidence relevant to the
 4364  relief sought by the petition. The hearing on the petition may
 4365  be open or closed as the petitioner may choose. The petitioner
 4366  may present evidence and subpoena witnesses to appear at the
 4367  hearing on the petition. The petitioner may confront and cross
 4368  examine witnesses called by the state attorney. A record of the
 4369  hearing shall be made by a certified court reporter or by court
 4370  approved electronic means. The court shall make written findings
 4371  of fact and conclusions of law on the issues before it and issue
 4372  a final order. The court shall grant the relief requested in the
 4373  petition if the court finds, based on the evidence presented
 4374  with respect to the petitioner’s reputation, the petitioner’s
 4375  mental health record and, if applicable, criminal history
 4376  record, the circumstances surrounding the firearm disability,
 4377  and any other evidence in the record, that the petitioner will
 4378  not be likely to act in a manner that is dangerous to public
 4379  safety and that granting the relief would not be contrary to the
 4380  public interest. If the final order denies relief, the
 4381  petitioner may not petition again for relief from firearm
 4382  disabilities until 1 year after the date of the final order. The
 4383  petitioner may seek judicial review of a final order denying
 4384  relief in the district court of appeal having jurisdiction over
 4385  the court that issued the order. The review shall be conducted
 4386  de novo. Relief from a firearm disability granted under this
 4387  sub-subparagraph has no effect on the loss of civil rights,
 4388  including firearm rights, for any reason other than the
 4389  particular adjudication of mental defectiveness or commitment to
 4390  a mental institution from which relief is granted.
 4391         e. Upon receipt of proper notice of relief from firearm
 4392  disabilities granted under sub-subparagraph d., the department
 4393  shall delete any mental health record of the person granted
 4394  relief from the automated database of persons who are prohibited
 4395  from purchasing a firearm based on court records of
 4396  adjudications of mental defectiveness or commitments to mental
 4397  institutions.
 4398         f. The department is authorized to disclose data collected
 4399  pursuant to this subparagraph to agencies of the Federal
 4400  Government and other states for use exclusively in determining
 4401  the lawfulness of a firearm sale or transfer. The department is
 4402  also authorized to disclose this data to the Department of
 4403  Agriculture and Consumer Services for purposes of determining
 4404  eligibility for issuance of a concealed weapons or concealed
 4405  firearms license and for determining whether a basis exists for
 4406  revoking or suspending a previously issued license pursuant to
 4407  s. 790.06(10). When a potential buyer or transferee appeals a
 4408  nonapproval based on these records, the clerks of court and
 4409  mental institutions shall, upon request by the department,
 4410  provide information to help determine whether the potential
 4411  buyer or transferee is the same person as the subject of the
 4412  record. Photographs and any other data that could confirm or
 4413  negate identity must be made available to the department for
 4414  such purposes, notwithstanding any other provision of state law
 4415  to the contrary. Any such information that is made confidential
 4416  or exempt from disclosure by law shall retain such confidential
 4417  or exempt status when transferred to the department.
 4418         Section 56. Effective July 1, 2016, section 397.601,
 4419  Florida Statutes, which composes part IV of chapter 397, Florida
 4420  Statutes, is repealed.
 4421         Section 57. Effective July 1, 2016, sections 397.675,
 4422  397.6751, 397.6752, 397.6758, 397.6759, 397.677, 397.6771,
 4423  397.6772, 397.6773, 397.6774, 397.6775, 397.679, 397.6791,
 4424  397.6793, 397.6795, 397.6797, 397.6798, 397.6799, 397.681,
 4425  397.6811, 397.6814, 397.6815, 397.6818, 397.6819, 397.6821,
 4426  397.6822, 397.693, 397.695, 397.6951, 397.6955, 397.6957,
 4427  397.697, 397.6971, 397.6975, and 397.6977, Florida Statutes,
 4428  which compose part V of chapter 397, Florida Statutes, are
 4429  repealed.
 4430         Section 58. For the purpose of incorporating the amendment
 4431  made by this act to section 394.4599, Florida Statutes, in a
 4432  reference thereto, subsection (1) of section 394.4685, Florida
 4433  Statutes, is reenacted to read:
 4434         394.4685 Transfer of patients among facilities.—
 4435         (1) TRANSFER BETWEEN PUBLIC FACILITIES.—
 4436         (a) A patient who has been admitted to a public receiving
 4437  facility, or the family member, guardian, or guardian advocate
 4438  of such patient, may request the transfer of the patient to
 4439  another public receiving facility. A patient who has been
 4440  admitted to a public treatment facility, or the family member,
 4441  guardian, or guardian advocate of such patient, may request the
 4442  transfer of the patient to another public treatment facility.
 4443  Depending on the medical treatment or mental health treatment
 4444  needs of the patient and the availability of appropriate
 4445  facility resources, the patient may be transferred at the
 4446  discretion of the department. If the department approves the
 4447  transfer of an involuntary patient, notice according to the
 4448  provisions of s. 394.4599 shall be given prior to the transfer
 4449  by the transferring facility. The department shall respond to
 4450  the request for transfer within 2 working days after receipt of
 4451  the request by the facility administrator.
 4452         (b) When required by the medical treatment or mental health
 4453  treatment needs of the patient or the efficient utilization of a
 4454  public receiving or public treatment facility, a patient may be
 4455  transferred from one receiving facility to another, or one
 4456  treatment facility to another, at the department’s discretion,
 4457  or, with the express and informed consent of the patient or the
 4458  patient’s guardian or guardian advocate, to a facility in
 4459  another state. Notice according to the provisions of s. 394.4599
 4460  shall be given prior to the transfer by the transferring
 4461  facility. If prior notice is not possible, notice of the
 4462  transfer shall be provided as soon as practicable after the
 4463  transfer.
 4464         Section 59. For the purpose of incorporating the amendment
 4465  made by this act to section 394.4599, Florida Statutes, in a
 4466  reference thereto, subsection (2) of section 394.469, Florida
 4467  Statutes, is reenacted to read:
 4468         394.469 Discharge of involuntary patients.—
 4469         (2) NOTICE.—Notice of discharge or transfer of a patient
 4470  shall be given as provided in s. 394.4599.
 4471         Section 60. Subsection (18) of section 394.455, Florida
 4472  Statutes, is amended to read:
 4473         394.455 Definitions.—As used in this part, unless the
 4474  context clearly requires otherwise, the term:
 4475         (18) “Mental illness” means an impairment of the mental or
 4476  emotional processes that exercise conscious control of one’s
 4477  actions or of the ability to perceive or understand reality,
 4478  which impairment substantially interferes with the person’s
 4479  ability to meet the ordinary demands of living. For the purposes
 4480  of this part, the term does not include a developmental
 4481  disability as defined in chapter 393, dementia, traumatic brain
 4482  injuries, intoxication, or conditions manifested only by
 4483  antisocial behavior or substance abuse impairment.
 4484         Section 61. Subsections (1), (4), (5), and (6) of section
 4485  394.492, Florida Statutes, are amended to read:
 4486         394.492 Definitions.—As used in ss. 394.490-394.497, the
 4487  term:
 4488         (1) “Adolescent” means a person who is at least 13 years of
 4489  age but under 18 21 years of age.
 4490         (4) “Child or adolescent at risk of emotional disturbance”
 4491  means a person under 18 21 years of age who has an increased
 4492  likelihood of becoming emotionally disturbed because of risk
 4493  factors that include, but are not limited to:
 4494         (a) Being homeless.
 4495         (b) Having a family history of mental illness.
 4496         (c) Being physically or sexually abused or neglected.
 4497         (d) Abusing alcohol or other substances.
 4498         (e) Being infected with human immunodeficiency virus (HIV).
 4499         (f) Having a chronic and serious physical illness.
 4500         (g) Having been exposed to domestic violence.
 4501         (h) Having multiple out-of-home placements.
 4502         (5) “Child or adolescent who has an emotional disturbance”
 4503  means a person under 21 18 years of age who is diagnosed with a
 4504  mental, emotional, or behavioral disorder of sufficient duration
 4505  to meet one of the diagnostic categories specified in the most
 4506  recent edition of the Diagnostic and Statistical Manual of the
 4507  American Psychiatric Association, but who does not exhibit
 4508  behaviors that substantially interfere with or limit his or her
 4509  role or ability to function in the family, school, or community.
 4510  The emotional disturbance must not be considered to be a
 4511  temporary response to a stressful situation. The term does not
 4512  include a child or adolescent who meets the criteria for
 4513  involuntary placement under s. 394.467(1).
 4514         (6) “Child or adolescent who has a serious emotional
 4515  disturbance or mental illness” means a person under 18 21 years
 4516  of age who:
 4517         (a) Is diagnosed as having a mental, emotional, or
 4518  behavioral disorder that meets one of the diagnostic categories
 4519  specified in the most recent edition of the Diagnostic and
 4520  Statistical Manual of Mental Disorders of the American
 4521  Psychiatric Association; and
 4522         (b) Exhibits behaviors that substantially interfere with or
 4523  limit his or her role or ability to function in the family,
 4524  school, or community, which behaviors are not considered to be a
 4525  temporary response to a stressful situation.
 4526  
 4527  The term includes a child or adolescent who meets the criteria
 4528  for involuntary placement under s. 394.467(1).
 4529         Section 62. Section 394.761, Florida Statutes, is created
 4530  to read:
 4531         394.761 Revenue maximization.—The agency and the department
 4532  shall develop a plan to obtain federal approval for increasing
 4533  the availability of federal Medicaid funding for behavioral
 4534  health care. The plan must give preference to quality
 4535  improvement organizations as defined in the Social Security Act,
 4536  42 U.S.C. s. 1320c-1. Increased funding will be used to advance
 4537  the goal of improved integration of behavioral health and
 4538  primary care services through development and effective
 4539  implementation of coordinated care organizations as described in
 4540  s. 394.9082(3). The agency and the department shall submit the
 4541  written plan to the President of the Senate and the Speaker of
 4542  the House of Representatives no later than November 1, 2015. The
 4543  plan shall identify the amount of general revenue funding
 4544  appropriated for mental health and substance abuse services
 4545  which is eligible to be used as state Medicaid match. The plan
 4546  must evaluate alternative uses of increased Medicaid funding,
 4547  including expansion of Medicaid eligibility for the severely and
 4548  persistently mentally ill; increased reimbursement rates for
 4549  behavioral health services; adjustments to the capitation rate
 4550  for Medicaid enrollees with chronic mental illness and substance
 4551  use disorders; supplemental payments to mental health and
 4552  substance abuse providers through a designated state health
 4553  program or other mechanisms; and innovative programs for
 4554  incentivizing improved outcomes for behavioral health
 4555  conditions. The plan shall identify the advantages and
 4556  disadvantages of each alternative and assess the potential of
 4557  each for achieving improved integration of services. The plan
 4558  shall identify the types of federal approvals necessary to
 4559  implement each alternative and project a timeline for
 4560  implementation.
 4561         Section 63. Effective upon this act becoming law, section
 4562  394.9082, Florida Statutes, is amended to read:
 4563         394.9082 Behavioral health managing entities.—
 4564         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 4565  that untreated behavioral health disorders constitute major
 4566  health problems for residents of this state, are a major
 4567  economic burden to the citizens of this state, and substantially
 4568  increase demands on the state’s juvenile and adult criminal
 4569  justice systems, the child welfare system, and health care
 4570  systems. The Legislature finds that behavioral health disorders
 4571  respond to appropriate treatment, rehabilitation, and supportive
 4572  intervention. The Legislature finds that the state’s return on
 4573  its it has made a substantial long-term investment in the
 4574  funding of the community-based behavioral health prevention and
 4575  treatment service systems and facilities can be enhanced by
 4576  integration of these services with primary care in order to
 4577  provide critical emergency, acute care, residential, outpatient,
 4578  and rehabilitative and recovery-based services. The Legislature
 4579  finds that local communities have also made substantial
 4580  investments in behavioral health services, contracting with
 4581  safety net providers who by mandate and mission provide
 4582  specialized services to vulnerable and hard-to-serve populations
 4583  and have strong ties to local public health and public safety
 4584  agencies. The Legislature finds that a regional management
 4585  structure that facilitates a comprehensive and cohesive system
 4586  of coordinated care for places the responsibility for publicly
 4587  financed behavioral health treatment and prevention services
 4588  within a single private, nonprofit entity at the local level
 4589  will improve promote improved access to care, promote service
 4590  continuity, and provide for more efficient and effective
 4591  delivery of substance abuse and mental health services. The
 4592  Legislature finds that streamlining administrative processes
 4593  will create cost efficiencies and provide flexibility to better
 4594  match available services to consumers’ identified needs.
 4595         (2) DEFINITIONS.—As used in this section, the term:
 4596         (a) “Behavioral health services” means mental health
 4597  services and substance abuse prevention and treatment services
 4598  as defined in this chapter and chapter 397 which are provided
 4599  using state and federal funds.
 4600         (b) “Decisionmaking model” means a comprehensive management
 4601  information system needed to answer the following management
 4602  questions at the federal, state, regional, circuit, and local
 4603  provider levels: who receives what services from which providers
 4604  with what outcomes and at what costs?
 4605         (b)(c) “Geographic area” means a county, circuit, regional,
 4606  or a region as described in s. 409.966 multiregional area in
 4607  this state.
 4608         (c) “Managed behavioral health organization” means a
 4609  Medicaid managed care organization currently under contract with
 4610  the Medicaid managed medical assistance program in this state
 4611  pursuant to part IV, including a managed care organization
 4612  operating as a behavioral health specialty plan.
 4613         (d)(e) “Managing entity” means a corporation that is
 4614  organized in this state, is designated or filed as a nonprofit
 4615  organization under s. 501(c)(3) of the Internal Revenue Code,
 4616  and is under contract to selected by the department to execute
 4617  the administrative duties specified in subsection (5) to
 4618  facilitate the manage the day-to-day operational delivery of
 4619  behavioral health services through an organized a coordinated
 4620  system of care.
 4621         (e)(f) “Provider networks” mean the direct service agencies
 4622  that are under contract with a managing entity to provide
 4623  behavioral health services. and that together constitute The
 4624  provider network may also include noncontracted providers as
 4625  partners in the delivery of coordinated care and a comprehensive
 4626  array of emergency, acute care, residential, outpatient,
 4627  recovery support, and consumer support services.
 4628         (3) SERVICE DELIVERY STRATEGIES.—The department may work
 4629  through managing entities to develop service delivery strategies
 4630  that will improve the coordination, integration, and management
 4631  of the delivery of behavioral health services to people who have
 4632  mental or substance use disorders. It is the intent of the
 4633  Legislature that a well-managed service delivery system will
 4634  increase access for those in need of care, improve the
 4635  coordination and continuity of care for vulnerable and high-risk
 4636  populations, and redirect service dollars from restrictive care
 4637  settings to community-based recovery services.
 4638         (3)(4) CONTRACT FOR SERVICES.—
 4639         (a) The department must may contract for the purchase and
 4640  management of behavioral health services with community-based
 4641  organizations to serve as managing entities. The department may
 4642  require a managing entity to contract for specialized services
 4643  that are not currently part of the managing entity’s network if
 4644  the department determines that to do so is in the best interests
 4645  of consumers of services. The secretary shall determine the
 4646  schedule for phasing in contracts with managing entities. The
 4647  managing entities shall, at a minimum, be accountable for the
 4648  operational oversight of the delivery of behavioral health
 4649  services funded by the department and for the collection and
 4650  submission of the required data pertaining to these contracted
 4651  services. A managing entity shall serve a geographic area
 4652  designated by the department. The geographic area must be of
 4653  sufficient size in population, funding, and services and have
 4654  enough public funds for behavioral health services to allow for
 4655  flexibility and maximum efficiency.
 4656         (b) The operating costs of the managing entity contract
 4657  shall be funded through funds from the department and any
 4658  savings and efficiencies achieved through the implementation of
 4659  managing entities when realized by their participating provider
 4660  network agencies. The department recognizes that managing
 4661  entities will have infrastructure development costs during
 4662  start-up so that any efficiencies to be realized by providers
 4663  from consolidation of management functions, and the resulting
 4664  savings, will not be achieved during the early years of
 4665  operation. The department shall negotiate a reasonable and
 4666  appropriate administrative cost rate with the managing entity.
 4667  The Legislature intends that reduced local and state contract
 4668  management and other administrative duties passed on to the
 4669  managing entity allows funds previously allocated for these
 4670  purposes to be proportionately reduced and the savings used to
 4671  purchase the administrative functions of the managing entity.
 4672  Policies and procedures of the department for monitoring
 4673  contracts with managing entities shall include provisions for
 4674  eliminating duplication of the department’s and the managing
 4675  entities’ contract management and other administrative
 4676  activities in order to achieve the goals of cost-effectiveness
 4677  and regulatory relief. To the maximum extent possible, provider
 4678  monitoring activities shall be assigned to the managing entity.
 4679         (c) Contracting and payment mechanisms for services must
 4680  promote clinical and financial flexibility and responsiveness
 4681  and must allow different categorical funds to be integrated at
 4682  the point of service. The contracted service array must be
 4683  determined by using public input, needs assessment, and
 4684  evidence-based and promising best practice models. The
 4685  department may employ care management methodologies, prepaid
 4686  capitation, and case rate or other methods of payment which
 4687  promote flexibility, efficiency, and accountability.
 4688         (b) The primary contractual responsibilities of the
 4689  managing entity are administrative and fiscal management duties
 4690  necessary to comply with federal requirements for the Substance
 4691  Abuse and Mental Health Services grant and to enter into
 4692  subcontracts with behavioral health service providers using
 4693  funds appropriated by the Legislature for this purpose.
 4694  Additional duties of the managing entity include:
 4695         1.Assessing community needs for behavioral health
 4696  services;
 4697         2.Collecting and reporting data, including use of a unique
 4698  identifier developed by the department to facilitate consumer
 4699  care coordination;
 4700         3. Monitoring provider performance through application of
 4701  nationally recognized standards;
 4702         4. Promoting quality improvement through dissemination of
 4703  evidence informed practices;
 4704         5. Facilitating effective provider relationships and
 4705  arrangements that support coordinated service delivery and
 4706  continuity of care; and
 4707         6. Advising the department on ways to improve behavioral
 4708  health outcomes.
 4709         (c)No later than July 1, 2016, the department shall revise
 4710  contracts with all current managing entities. The revised
 4711  contract shall be for a term of 5 years with an option to renew
 4712  for an additional 5 years. The revised contract will be
 4713  performance based, which means the contract establishes a
 4714  limited number of measurable outcomes, sets timelines for
 4715  achievement of those outcomes that are characterized by specific
 4716  milestones, and establishes a schedule of penalties scaled to
 4717  the nature and significance of the performance failure. Such
 4718  penalties may include a corrective action plan, liquidated
 4719  damages, or termination of the contract.
 4720         (d) The revised contract must establish a clear and
 4721  consistent framework for managing limited resources to serve
 4722  priority populations identified in federal regulations and state
 4723  law.
 4724         (e) In developing the revised contract, the department must
 4725  consult with current managing entities, behavioral health
 4726  service providers, and the Legislature.
 4727         (f) The revised contract will incorporate a plan prepared
 4728  by the managing entity that describes how the managing entity
 4729  and the provider network in the region will earn, no later than
 4730  July 1, 2019, the designation of coordinated care organization
 4731  pursuant to subsection (5).
 4732         (g) The department may terminate a contract with a managing
 4733  entity for causes specified in the contract or for failure to
 4734  earn designation as a coordinated care organization in
 4735  accordance with the plan approved by the department.
 4736         (h) When necessary due to contract termination or the
 4737  expiration of the allowable contract term, the department will
 4738  issue an invitation to negotiate in order to select an
 4739  organization to serve as a managing entity. Qualified bidders
 4740  include managing entities, managed behavioral health
 4741  organizations or nonprofit organizations with experience
 4742  managing integrated provider networks specializing in behavioral
 4743  health services. The department shall consider the input and
 4744  recommendations of the provider network when selecting a new
 4745  contractor. The invitation to negotiate shall specify the
 4746  criteria and the relative weight of the criteria that will be
 4747  used in selecting the new contractor. The department must
 4748  consider all of the following factors:
 4749         1. Experience serving persons with mental health and
 4750  substance use disorders.
 4751         2. Establishment of community partnerships with behavioral
 4752  health providers.
 4753         3. Demonstrated organizational capabilities for network
 4754  management functions.
 4755         4.Capability to integrate behavioral health with primary
 4756  care services.
 4757         (i) When the contractor serving as the managing entity
 4758  changes, the department is responsible for developing and
 4759  implementing a transition plan that ensures continuity of care
 4760  for patients receiving behavioral health services.
 4761         (4)(5) GOALS.—The goal of the service delivery strategies
 4762  is to provide a design for an effective coordination,
 4763  integration, and management approach for delivering effective
 4764  behavioral health services to persons who are experiencing a
 4765  mental health or substance abuse crisis, who have a disabling
 4766  mental illness or a substance use or co-occurring disorder, and
 4767  require extended services in order to recover from their
 4768  illness, or who need brief treatment or longer-term supportive
 4769  interventions to avoid a crisis or disability. Other goals
 4770  include The department must develop and incorporate into the
 4771  revised contract with the managing entities, measureable outcome
 4772  standards that address the following goals:
 4773         (a)The provider network in the region delivers effective,
 4774  quality services that are evidence-informed, coordinated, and
 4775  integrated with primary care services and other programs such as
 4776  vocational rehabilitation, education, child welfare, juvenile
 4777  justice, and criminal justice.
 4778         (b)(a)Behavioral health services supported with public
 4779  funds are accountable to the public and responsive to local
 4780  needs Improving accountability for a local system of behavioral
 4781  health care services to meet performance outcomes and standards
 4782  through the use of reliable and timely data.
 4783         (c)(b)Interactions and relationships among members of the
 4784  provider network are supported by the managing entity in order
 4785  to effectively coordinate services and provide continuity of
 4786  care for priority populations Enhancing the continuity of care
 4787  for all children, adolescents, and adults who enter the publicly
 4788  funded behavioral health service system.
 4789         (c) Preserving the “safety net” of publicly funded
 4790  behavioral health services and providers, and recognizing and
 4791  ensuring continued local contributions to these services, by
 4792  establishing locally designed and community-monitored systems of
 4793  care.
 4794         (d) Providing early diagnosis and treatment interventions
 4795  to enhance recovery and prevent hospitalization.
 4796         (e) Improving the assessment of local needs for behavioral
 4797  health services.
 4798         (f) Improving the overall quality of behavioral health
 4799  services through the use of evidence-based, best practice, and
 4800  promising practice models.
 4801         (g) Demonstrating improved service integration between
 4802  behavioral health programs and other programs, such as
 4803  vocational rehabilitation, education, child welfare, primary
 4804  health care, emergency services, juvenile justice, and criminal
 4805  justice.
 4806         (h) Providing for additional testing of creative and
 4807  flexible strategies for financing behavioral health services to
 4808  enhance individualized treatment and support services.
 4809         (i) Promoting cost-effective quality care.
 4810         (j) Working with the state to coordinate admissions and
 4811  discharges from state civil and forensic hospitals and
 4812  coordinating admissions and discharges from residential
 4813  treatment centers.
 4814         (k) Improving the integration, accessibility, and
 4815  dissemination of behavioral health data for planning and
 4816  monitoring purposes.
 4817         (l) Promoting specialized behavioral health services to
 4818  residents of assisted living facilities.
 4819         (m) Working with the state and other stakeholders to reduce
 4820  the admissions and the length of stay for dependent children in
 4821  residential treatment centers.
 4822         (n) Providing services to adults and children with co
 4823  occurring disorders of mental illnesses and substance abuse
 4824  problems.
 4825         (o) Providing services to elder adults in crisis or at-risk
 4826  for placement in a more restrictive setting due to a serious
 4827  mental illness or substance abuse.
 4828         (5) COORDINATED CARE ORGANIZATIONS.—
 4829         (a)Managing entities may earn designation as coordinated
 4830  care organizations by developing and implementing a plan that
 4831  enables the members of the provider network, including those
 4832  under contract to the managing entity as well as other
 4833  noncontracted community service providers, to work together to
 4834  improve outcomes for individuals with mental health and
 4835  substance use disorders. The plan must:
 4836         1.Assess working relationships among providers of a
 4837  comprehensive range of services as described in subsection (6)
 4838  and propose strategies for improving access to care for priority
 4839  populations;
 4840         2.Identify gaps in the current system of care and propose
 4841  methods for improving continuity and effectiveness of care;
 4842         3.Assess current methods and capabilities for consumer
 4843  care coordination and propose enhancements to increase the
 4844  number of individuals served and the effectiveness of care
 4845  coordination services; and
 4846         4.Result from a collaborative effort of providers in the
 4847  region that is facilitated and documented by the managing
 4848  entity.
 4849         (b)In order to earn designation as a coordinated care
 4850  organization, the managing entity must document working
 4851  relationships among providers established through written
 4852  coordination agreements that define common protocols for intake
 4853  and assessment, create methods of data sharing, institute joint
 4854  operational procedures, provide for integrated care planning and
 4855  case management, and initiate cooperative evaluation procedures.
 4856         (c)After earning designation, the managing entity must
 4857  maintain this status by documenting the ongoing use and
 4858  continuous improvement of the coordination methods specified in
 4859  the written agreements.
 4860         (d)Before designating a managing entity as a coordinated
 4861  care organization, the department must seek input from the
 4862  providers and other community stakeholders to assess the
 4863  effectiveness of entity’s coordination efforts.
 4864         (6) ESSENTIAL ELEMENTS.—It is the intent of the Legislature
 4865  that the department may plan for and enter into contracts with
 4866  managing entities to manage care in geographical areas
 4867  throughout the state A comprehensive range of services includes
 4868  the following essential elements:
 4869         1.A centralized receiving facility or a coordinated
 4870  receiving system consisting of written agreements and
 4871  operational policies that support efficient methods of triaging
 4872  patients to appropriate providers.
 4873         2.Crisis services, including mobile response teams and
 4874  crisis stabilization units.
 4875         3.Case management and consumer care coordination.
 4876         4.Outpatient services.
 4877         5.Residential services.
 4878         6.Hospital inpatient care.
 4879         7.Aftercare and other postdischarge services.
 4880         8.Recovery support, including housing assistance and
 4881  support for competitive employment, educational attainment,
 4882  independent living skills development, family support and
 4883  education, and wellness management and self-care.
 4884         9.Medical services necessary for coordination of
 4885  behavioral health services with primary care.
 4886         10.Prevention and outreach services.
 4887         11.Medication-assisted treatment.
 4888         12.Detoxification services.
 4889         (a) The managing entity must demonstrate the ability of its
 4890  network of providers to comply with the pertinent provisions of
 4891  this chapter and chapter 397 and to ensure the provision of
 4892  comprehensive behavioral health services. The network of
 4893  providers must include, but need not be limited to, community
 4894  mental health agencies, substance abuse treatment providers, and
 4895  best practice consumer services providers.
 4896         (b) The department shall terminate its mental health or
 4897  substance abuse provider contracts for services to be provided
 4898  by the managing entity at the same time it contracts with the
 4899  managing entity.
 4900         (c) The managing entity shall ensure that its provider
 4901  network is broadly conceived. All mental health or substance
 4902  abuse treatment providers currently under contract with the
 4903  department shall be offered a contract by the managing entity.
 4904         (d) The department may contract with managing entities to
 4905  provide the following core functions:
 4906         1. Financial accountability.
 4907         2. Allocation of funds to network providers in a manner
 4908  that reflects the department’s strategic direction and plans.
 4909         3. Provider monitoring to ensure compliance with federal
 4910  and state laws, rules, and regulations.
 4911         4. Data collection, reporting, and analysis.
 4912         5. Operational plans to implement objectives of the
 4913  department’s strategic plan.
 4914         6. Contract compliance.
 4915         7. Performance management.
 4916         8. Collaboration with community stakeholders, including
 4917  local government.
 4918         9. System of care through network development.
 4919         10. Consumer care coordination.
 4920         11. Continuous quality improvement.
 4921         12. Timely access to appropriate services.
 4922         13. Cost-effectiveness and system improvements.
 4923         14. Assistance in the development of the department’s
 4924  strategic plan.
 4925         15. Participation in community, circuit, regional, and
 4926  state planning.
 4927         16. Resource management and maximization, including pursuit
 4928  of third-party payments and grant applications.
 4929         17. Incentives for providers to improve quality and access.
 4930         18. Liaison with consumers.
 4931         19. Community needs assessment.
 4932         20. Securing local matching funds.
 4933         (e) The managing entity shall ensure that written
 4934  cooperative agreements are developed and implemented among the
 4935  criminal and juvenile justice systems, the local community-based
 4936  care network, and the local behavioral health providers in the
 4937  geographic area which define strategies and alternatives for
 4938  diverting people who have mental illness and substance abuse
 4939  problems from the criminal justice system to the community.
 4940  These agreements must also address the provision of appropriate
 4941  services to persons who have behavioral health problems and
 4942  leave the criminal justice system.
 4943         (f) Managing entities must collect and submit data to the
 4944  department regarding persons served, outcomes of persons served,
 4945  and the costs of services provided through the department’s
 4946  contract. The department shall evaluate managing entity services
 4947  based on consumer-centered outcome measures that reflect
 4948  national standards that can dependably be measured. The
 4949  department shall work with managing entities to establish
 4950  performance standards related to:
 4951         1. The extent to which individuals in the community receive
 4952  services.
 4953         2. The improvement of quality of care for individuals
 4954  served.
 4955         3. The success of strategies to divert jail, prison, and
 4956  forensic facility admissions.
 4957         4. Consumer and family satisfaction.
 4958         5. The satisfaction of key community constituents such as
 4959  law enforcement agencies, juvenile justice agencies, the courts,
 4960  the schools, local government entities, hospitals, and others as
 4961  appropriate for the geographical area of the managing entity.
 4962         (g) The Agency for Health Care Administration may establish
 4963  a certified match program, which must be voluntary. Under a
 4964  certified match program, reimbursement is limited to the federal
 4965  Medicaid share to Medicaid-enrolled strategy participants. The
 4966  agency may take no action to implement a certified match program
 4967  unless the consultation provisions of chapter 216 have been met.
 4968  The agency may seek federal waivers that are necessary to
 4969  implement the behavioral health service delivery strategies.
 4970         (7) MANAGING ENTITY REQUIREMENTS.—The department may adopt
 4971  rules and contractual standards related to and a process for the
 4972  qualification and operation of managing entities which are
 4973  based, in part, on the following criteria:
 4974         (a) As of the execution of the revised contract, the
 4975  department must verify that each A managing entity’s governing
 4976  board meets the requirements of this section. governance
 4977  structure shall be representative and shall, at a minimum,
 4978  include consumers and family members, appropriate community
 4979  stakeholders and organizations, and providers of substance abuse
 4980  and mental health services as defined in this chapter and
 4981  chapter 397. If there are one or more private-receiving
 4982  facilities in the geographic coverage area of a managing entity,
 4983  the managing entity shall have one representative for the
 4984  private-receiving facilities as an ex officio member of its
 4985  board of directors.
 4986         1.The composition of the board must be broadly
 4987  representative of the community and include consumers and family
 4988  members, community organizations that do not contract with the
 4989  managing entity, local governments, area law enforcement
 4990  agencies, business leaders, community-based care lead agency
 4991  representatives, health care professionals, and representatives
 4992  of health care facilities. Representatives of local governments,
 4993  including counties, school boards, sheriffs, and independent
 4994  hospital taxing districts may, however, serve as voting members
 4995  even if they contract with the managing entity.
 4996         2.The managing entity must establish a technical advisory
 4997  panel consisting of providers of mental health and substance
 4998  abuse services that selects at least one member to serve as an
 4999  ex officio member of the governing board.
 5000         (b) The managing entity must create a transparent process
 5001  for nomination and selection of board members and must adopt a
 5002  procedure for establishing staggered term limits with ensures
 5003  that no individual serves more than 8 consecutive years on the
 5004  board A managing entity that was originally formed primarily by
 5005  substance abuse or mental health providers must present and
 5006  demonstrate a detailed, consensus approach to expanding its
 5007  provider network and governance to include both substance abuse
 5008  and mental health providers.
 5009         (c) A managing entity must submit a network management plan
 5010  and budget in a form and manner determined by the department.
 5011  The plan must detail the means for implementing the duties to be
 5012  contracted to the managing entity and the efficiencies to be
 5013  anticipated by the department as a result of executing the
 5014  contract. The department may require modifications to the plan
 5015  and must approve the plan before contracting with a managing
 5016  entity. The department may contract with a managing entity that
 5017  demonstrates readiness to assume core functions, and may
 5018  continue to add functions and responsibilities to the managing
 5019  entity’s contract over time as additional competencies are
 5020  developed as identified in paragraph (g). Notwithstanding other
 5021  provisions of this section, the department may continue and
 5022  expand managing entity contracts if the department determines
 5023  that the managing entity meets the requirements specified in
 5024  this section.
 5025         (d) Notwithstanding paragraphs (b) and (c), a managing
 5026  entity that is currently a fully integrated system providing
 5027  mental health and substance abuse services, Medicaid, and child
 5028  welfare services is permitted to continue operating under its
 5029  current governance structure as long as the managing entity can
 5030  demonstrate to the department that consumers, other
 5031  stakeholders, and network providers are included in the planning
 5032  process.
 5033         (c)(e) Managing entities shall operate in a transparent
 5034  manner, providing public access to information, notice of
 5035  meetings, and opportunities for broad public participation in
 5036  decisionmaking. The managing entity’s network management plan
 5037  must detail policies and procedures that ensure transparency.
 5038         (d)(f) Before contracting with a managing entity, the
 5039  department must perform an onsite readiness review of a managing
 5040  entity to determine its operational capacity to satisfactorily
 5041  perform the duties to be contracted.
 5042         (e)(g) The department shall engage community stakeholders,
 5043  including providers and managing entities under contract with
 5044  the department, in the development of objective standards to
 5045  measure the competencies of managing entities and their
 5046  readiness to assume the responsibilities described in this
 5047  section, and the outcomes to hold them accountable.
 5048         (8) DEPARTMENT RESPONSIBILITIES.—With the introduction of
 5049  managing entities to monitor department-contracted providers’
 5050  day-to-day operations, the department and its regional and
 5051  circuit offices will have increased ability to focus on broad
 5052  systemic substance abuse and mental health issues. After the
 5053  department enters into a managing entity contract in a
 5054  geographic area, the regional and circuit offices of the
 5055  department in that area shall direct their efforts primarily to
 5056  monitoring the managing entity contract, including negotiation
 5057  of system quality improvement goals each contract year, and
 5058  review of the managing entity’s plans to execute department
 5059  strategic plans; carrying out statutorily mandated licensure
 5060  functions; conducting community and regional substance abuse and
 5061  mental health planning; communicating to the department the
 5062  local needs assessed by the managing entity; preparing
 5063  department strategic plans; coordinating with other state and
 5064  local agencies; assisting the department in assessing local
 5065  trends and issues and advising departmental headquarters on
 5066  local priorities; and providing leadership in disaster planning
 5067  and preparation.
 5068         (8)(9) FUNDING FOR MANAGING ENTITIES.—
 5069         (a) A contract established between the department and a
 5070  managing entity under this section shall be funded by general
 5071  revenue, other applicable state funds, or applicable federal
 5072  funding sources. A managing entity may carry forward documented
 5073  unexpended state funds from one fiscal year to the next;
 5074  however, the cumulative amount carried forward may not exceed 8
 5075  percent of the total contract. Any unexpended state funds in
 5076  excess of that percentage must be returned to the department.
 5077  The funds carried forward may not be used in a way that would
 5078  create increased recurring future obligations or for any program
 5079  or service that is not currently authorized under the existing
 5080  contract with the department. Expenditures of funds carried
 5081  forward must be separately reported to the department. Any
 5082  unexpended funds that remain at the end of the contract period
 5083  shall be returned to the department. Funds carried forward may
 5084  be retained through contract renewals and new procurements as
 5085  long as the same managing entity is retained by the department.
 5086         (b) The method of payment for a fixed-price contract with a
 5087  managing entity must provide for a 2-month advance payment at
 5088  the beginning of each fiscal year and equal monthly payments
 5089  thereafter.
 5090         (10) REPORTING.—Reports of the department’s activities,
 5091  progress, and needs in achieving the goal of contracting with
 5092  managing entities in each circuit and region statewide must be
 5093  submitted to the appropriate substantive and appropriations
 5094  committees in the Senate and the House of Representatives on
 5095  January 1 and July 1 of each year until the full transition to
 5096  managing entities has been accomplished statewide.
 5097         (9)(11) RULES.—The department may shall adopt rules to
 5098  administer this section and, as necessary, to further specify
 5099  requirements of managing entities.
 5100         (10) CRISIS STABILIZATION SERVICES UTILIZATION DATABASE.
 5101  The department shall develop, implement, and maintain standards
 5102  under which a managing entity shall collect utilization data
 5103  from all public receiving facilities situated within its
 5104  geographic service area. As used in this subsection, the term
 5105  “public receiving facility” means an entity that meets the
 5106  licensure requirements of and is designated by the department to
 5107  operate as a public receiving facility under s. 394.875 and that
 5108  is operating as a licensed crisis stabilization unit.
 5109         (a) The department shall develop standards and protocols
 5110  for managing entities and public receiving facilities to use in
 5111  the collection, storage, transmittal, and analysis of data. The
 5112  standards and protocols must allow for compatibility of data and
 5113  data transmittal between public receiving facilities, managing
 5114  entities, and the department for the implementation and
 5115  requirements of this subsection. The department shall require
 5116  managing entities contracted under this section to comply with
 5117  this subsection by August 1, 2015.
 5118         (b) A managing entity shall require a public receiving
 5119  facility within its provider network to submit data to the
 5120  managing entity, in real time or at least daily, for:
 5121         1. All admissions and discharges of clients receiving
 5122  public receiving facility services who qualify as indigent, as
 5123  defined in s. 394.4787; and
 5124         2. A current active census of total licensed beds, the
 5125  number of beds purchased by the department, the number of
 5126  clients qualifying as indigent occupying those beds, and the
 5127  total number of unoccupied licensed beds regardless of funding.
 5128         (c) A managing entity shall require a public receiving
 5129  facility within its provider network to submit data, on a
 5130  monthly basis, to the managing entity which aggregates the daily
 5131  data submitted under paragraph (b). The managing entity shall
 5132  reconcile the data in the monthly submission to the data
 5133  received by the managing entity under paragraph (b) to check for
 5134  consistency. If the monthly aggregate data submitted by a public
 5135  receiving facility under this paragraph is inconsistent with the
 5136  daily data submitted under paragraph (b), the managing entity
 5137  shall consult with the public receiving facility to make
 5138  corrections as necessary to ensure accurate data.
 5139         (d) A managing entity shall require a public receiving
 5140  facility within its provider network to submit data, on an
 5141  annual basis, to the managing entity which aggregates the data
 5142  submitted and reconciled under paragraph (c). The managing
 5143  entity shall reconcile the data in the annual submission to the
 5144  data received and reconciled by the managing entity under
 5145  paragraph (c) to check for consistency. If the annual aggregate
 5146  data submitted by a public receiving facility under this
 5147  paragraph is inconsistent with the data received and reconciled
 5148  under paragraph (c), the managing entity shall consult with the
 5149  public receiving facility to make corrections as necessary to
 5150  ensure accurate data.
 5151         (e) After ensuring accurate data under paragraphs (c) and
 5152  (d), the managing entity shall submit the data to the department
 5153  on a monthly and an annual basis. The department shall create a
 5154  statewide database for the data described under paragraph (b)
 5155  and submitted under this paragraph for the purpose of analyzing
 5156  the payments for and the use of crisis stabilization services
 5157  funded under the Baker Act on a statewide basis and on an
 5158  individual public receiving facility basis.
 5159         (f) The department shall adopt rules to administer this
 5160  subsection.
 5161         (g) The department shall submit a report by January 31,
 5162  2016, and annually thereafter, to the Governor, the President of
 5163  the Senate, and the Speaker of the House of Representatives
 5164  which provides details on the implementation of this subsection,
 5165  including the status of the data collection process and a
 5166  detailed analysis of the data collected under this subsection.
 5167         Section 64. For the 2015-2016 fiscal year, the sum of
 5168  $175,000 in nonrecurring funds from the Alcohol, Drug Abuse, and
 5169  Mental Health Trust Fund is appropriated to the Department of
 5170  Children and Families to implement s. 394.9082(10).
 5171         Section 65. Section 397.402, Florida Statutes, is created
 5172  to read:
 5173         397.402 Single, consolidated licensure.— The department and
 5174  the Agency for Health Care Administration shall develop a plan
 5175  for modifying licensure statutes and rules to provide options
 5176  for a single, consolidated license for a provider that offers
 5177  multiple types of mental health and substance abuse services
 5178  regulated under chapters 394 and 397. The plan shall identify
 5179  options for license consolidation within the department and
 5180  within the agency, and shall identify interagency license
 5181  consolidation options. The department and the agency shall
 5182  submit the plan to the Governor, the President of the Senate,
 5183  and the Speaker of the House of Representatives by November 1,
 5184  2015.
 5185         Section 66. Present paragraphs (d) through (m) of
 5186  subsection (2) of section 409.967, Florida Statutes, are
 5187  redesignated as paragraphs (e) through (n), respectively, and a
 5188  new paragraph (d) is added to that subsection, to read:
 5189         409.967 Managed care plan accountability.—
 5190         (2) The agency shall establish such contract requirements
 5191  as are necessary for the operation of the statewide managed care
 5192  program. In addition to any other provisions the agency may deem
 5193  necessary, the contract must require:
 5194         (d) Quality care.—Managed care plans shall provide, or
 5195  contract for the provision of, care coordination to facilitate
 5196  the appropriate delivery of behavioral health care services in
 5197  the least restrictive setting with treatment and recovery
 5198  capabilities that address the needs of the patient. Services
 5199  shall be provided in a manner that integrates behavioral health
 5200  services and primary care. Plans shall be required to achieve
 5201  specific behavioral health outcome standards, established by the
 5202  agency in consultation with the Department of Children and
 5203  Families.
 5204         Section 67. Subsection (5) is added to section 409.973,
 5205  Florida Statutes, to read:
 5206         409.973 Benefits.—
 5207         (5) INTEGRATED BEHAVIORAL HEALTH INITIATIVE.—Each plan
 5208  operating in the managed medical assistance program shall work
 5209  with the managing entity in its service area to establish
 5210  specific organizational supports and service protocols that
 5211  enhance the integration and coordination of primary care and
 5212  behavioral health services for Medicaid recipients. Progress in
 5213  this initiative will be measured using the integration framework
 5214  and core measures developed by the Agency for Healthcare
 5215  Research and Quality.
 5216         Section 68. Section 394.4674, Florida Statutes, is
 5217  repealed.
 5218         Section 69. Section 394.4985, Florida Statutes, is
 5219  repealed.
 5220         Section 70. Section 394.745, Florida Statutes, is repealed.
 5221         Section 71. Section 397.331, Florida Statutes, is repealed.
 5222         Section 72. Section 397.333, Florida Statutes, is repealed.
 5223         Section 73. Section 397.801, Florida Statutes, is repealed.
 5224         Section 74. Section 397.811, Florida Statutes, is repealed.
 5225         Section 75. Section 397.821, Florida Statutes, is repealed.
 5226         Section 76. Section 397.901, Florida Statutes, is repealed.
 5227         Section 77. Section 397.93, Florida Statutes, is repealed.
 5228         Section 78. Section 397.94, Florida Statutes, is repealed.
 5229         Section 79. Section 397.951, Florida Statutes, is repealed.
 5230         Section 80. Section 397.97, Florida Statutes, is repealed.
 5231         Section 81. Section 491.0045, Florida Statutes is amended
 5232  to read:
 5233         491.0045 Intern registration; requirements.—
 5234         (1) Effective January 1, 1998, An individual who has not
 5235  satisfied intends to practice in Florida to satisfy the
 5236  postgraduate or post-master’s level experience requirements, as
 5237  specified in s. 491.005(1)(c), (3)(c), or (4)(c), must register
 5238  as an intern in the profession for which he or she is seeking
 5239  licensure prior to commencing the post-master’s experience
 5240  requirement or an individual who intends to satisfy part of the
 5241  required graduate-level practicum, internship, or field
 5242  experience, outside the academic arena for any profession, must
 5243  register as an intern in the profession for which he or she is
 5244  seeking licensure prior to commencing the practicum, internship,
 5245  or field experience.
 5246         (2) The department shall register as a clinical social
 5247  worker intern, marriage and family therapist intern, or mental
 5248  health counselor intern each applicant who the board certifies
 5249  has:
 5250         (a) Completed the application form and remitted a
 5251  nonrefundable application fee not to exceed $200, as set by
 5252  board rule;
 5253         (b)1. Completed the education requirements as specified in
 5254  s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
 5255  he or she is applying for licensure, if needed; and
 5256         2. Submitted an acceptable supervision plan, as determined
 5257  by the board, for meeting the practicum, internship, or field
 5258  work required for licensure that was not satisfied in his or her
 5259  graduate program.
 5260         (c) Identified a qualified supervisor.
 5261         (3) An individual registered under this section must remain
 5262  under supervision while practicing under registered intern
 5263  status until he or she is in receipt of a license or a letter
 5264  from the department stating that he or she is licensed to
 5265  practice the profession for which he or she applied.
 5266         (4) An individual who has applied for intern registration
 5267  on or before December 31, 2001, and has satisfied the education
 5268  requirements of s. 491.005 that are in effect through December
 5269  31, 2000, will have met the educational requirements for
 5270  licensure for the profession for which he or she has applied.
 5271         (4)(5)An individual who fails Individuals who have
 5272  commenced the experience requirement as specified in s.
 5273  491.005(1)(c), (3)(c), or (4)(c) but failed to register as
 5274  required by subsection (1) shall register with the department
 5275  before January 1, 2000. Individuals who fail to comply with this
 5276  section may subsection shall not be granted a license under this
 5277  chapter, and any time spent by the individual completing the
 5278  experience requirement as specified in s. 491.005(1)(c), (3)(c),
 5279  or (4)(c) before prior to registering as an intern does shall
 5280  not count toward completion of the such requirement.
 5281         (5) An intern registration is valid for 5 years.
 5282         (6) Any registration issued on or before March 31, 2016,
 5283  expires March 31, 2021, and may not be renewed or reissued. Any
 5284  registration issued after March 31, 2016, expires 60 months
 5285  after the date it is issued. A subsequent intern registration
 5286  may not be issued unless the candidate has passed the theory and
 5287  practice examination described in s. 491.005(1)(d), (3)(d), and
 5288  (4)(d).
 5289         (7) An individual who has held a provisional license issued
 5290  by the board may not apply for an intern registration in the
 5291  same profession.
 5292         Section 82. Subsection (15) of section 397.321, Florida
 5293  Statutes, is amended to read:
 5294         397.321 Duties of the department.—The department shall:
 5295         (15) Appoint a substance abuse impairment coordinator to
 5296  represent the department in efforts initiated by the statewide
 5297  substance abuse impairment prevention and treatment coordinator
 5298  established in s. 397.801 and to assist the statewide
 5299  coordinator in fulfilling the responsibilities of that position.
 5300         Section 83. Subsection (1) of section 397.98, Florida
 5301  Statutes, is amended to read:
 5302         397.98 Children’s substance abuse services; utilization
 5303  management.—
 5304         (1) Utilization management shall be an integral part of
 5305  each Children’s Network of Care Demonstration Model as described
 5306  under s. 397.97. The utilization management process shall
 5307  include procedures for analyzing the allocation and use of
 5308  resources by the purchasing agent. Such procedures shall
 5309  include:
 5310         (a) Monitoring the appropriateness of admissions to
 5311  residential services or other levels of care as determined by
 5312  the department.
 5313         (b) Monitoring the duration of care.
 5314         (c) Developing profiles of network providers which describe
 5315  their patterns of delivering care.
 5316         (d) Authorizing care for high-cost services.
 5317         Section 84. Paragraph (e) of subsection (3) of section
 5318  409.966, Florida Statutes, is amended to read:
 5319         409.966 Eligible plans; selection.—
 5320         (3) QUALITY SELECTION CRITERIA.—
 5321         (e) To ensure managed care plan participation in Regions 1
 5322  and 2, the agency shall award an additional contract to each
 5323  plan with a contract award in Region 1 or Region 2. Such
 5324  contract shall be in any other region in which the plan
 5325  submitted a responsive bid and negotiates a rate acceptable to
 5326  the agency. If a plan that is awarded an additional contract
 5327  pursuant to this paragraph is subject to penalties pursuant to
 5328  s. 409.967(2)(i) s. 409.967(2)(h) for activities in Region 1 or
 5329  Region 2, the additional contract is automatically terminated
 5330  180 days after the imposition of the penalties. The plan must
 5331  reimburse the agency for the cost of enrollment changes and
 5332  other transition activities.
 5333         Section 85. Paragraph (a) of subsection (5) of section
 5334  943.031, Florida Statutes, is amended to read:
 5335         943.031 Florida Violent Crime and Drug Control Council.—
 5336         (5) DUTIES OF COUNCIL.—Subject to funding provided to the
 5337  department by the Legislature, the council shall provide advice
 5338  and make recommendations, as necessary, to the executive
 5339  director of the department.
 5340         (a) The council may advise the executive director on the
 5341  feasibility of undertaking initiatives which include, but are
 5342  not limited to, the following:
 5343         1. Establishing a program that provides grants to criminal
 5344  justice agencies that develop and implement effective violent
 5345  crime prevention and investigative programs and which provides
 5346  grants to law enforcement agencies for the purpose of drug
 5347  control, criminal gang, and illicit money laundering
 5348  investigative efforts or task force efforts that are determined
 5349  by the council to significantly contribute to achieving the
 5350  state’s goal of reducing drug-related crime, that represent
 5351  significant criminal gang investigative efforts, that represent
 5352  a significant illicit money laundering investigative effort, or
 5353  that otherwise significantly support statewide strategies
 5354  developed by the Statewide Drug Policy Advisory Council
 5355  established under s. 397.333, subject to the limitations
 5356  provided in this section. The grant program may include an
 5357  innovations grant program to provide startup funding for new
 5358  initiatives by local and state law enforcement agencies to
 5359  combat violent crime or to implement drug control, criminal
 5360  gang, or illicit money laundering investigative efforts or task
 5361  force efforts by law enforcement agencies, including, but not
 5362  limited to, initiatives such as:
 5363         a. Providing enhanced community-oriented policing.
 5364         b. Providing additional undercover officers and other
 5365  investigative officers to assist with violent crime
 5366  investigations in emergency situations.
 5367         c. Providing funding for multiagency or statewide drug
 5368  control, criminal gang, or illicit money laundering
 5369  investigative efforts or task force efforts that cannot be
 5370  reasonably funded completely by alternative sources and that
 5371  significantly contribute to achieving the state’s goal of
 5372  reducing drug-related crime, that represent significant criminal
 5373  gang investigative efforts, that represent a significant illicit
 5374  money laundering investigative effort, or that otherwise
 5375  significantly support statewide strategies developed by the
 5376  Statewide Drug Policy Advisory Council established under s.
 5377  397.333.
 5378         2. Expanding the use of automated biometric identification
 5379  systems at the state and local levels.
 5380         3. Identifying methods to prevent violent crime.
 5381         4. Identifying methods to enhance multiagency or statewide
 5382  drug control, criminal gang, or illicit money laundering
 5383  investigative efforts or task force efforts that significantly
 5384  contribute to achieving the state’s goal of reducing drug
 5385  related crime, that represent significant criminal gang
 5386  investigative efforts, that represent a significant illicit
 5387  money laundering investigative effort, or that otherwise
 5388  significantly support statewide strategies developed by the
 5389  Statewide Drug Policy Advisory Council established under s.
 5390  397.333.
 5391         5. Enhancing criminal justice training programs that
 5392  address violent crime, drug control, illicit money laundering
 5393  investigative techniques, or efforts to control and eliminate
 5394  criminal gangs.
 5395         6. Developing and promoting crime prevention services and
 5396  educational programs that serve the public, including, but not
 5397  limited to:
 5398         a. Enhanced victim and witness counseling services that
 5399  also provide crisis intervention, information referral,
 5400  transportation, and emergency financial assistance.
 5401         b. A well-publicized rewards program for the apprehension
 5402  and conviction of criminals who perpetrate violent crimes.
 5403         7. Enhancing information sharing and assistance in the
 5404  criminal justice community by expanding the use of community
 5405  partnerships and community policing programs. Such expansion may
 5406  include the use of civilian employees or volunteers to relieve
 5407  law enforcement officers of clerical work in order to enable the
 5408  officers to concentrate on street visibility within the
 5409  community.
 5410         Section 86. Subsection (1) of section 943.042, Florida
 5411  Statutes, is amended to read:
 5412         943.042 Violent Crime Investigative Emergency and Drug
 5413  Control Strategy Implementation Account.—
 5414         (1) There is created a Violent Crime Investigative
 5415  Emergency and Drug Control Strategy Implementation Account
 5416  within the Department of Law Enforcement Operating Trust Fund.
 5417  The account shall be used to provide emergency supplemental
 5418  funds to:
 5419         (a) State and local law enforcement agencies that are
 5420  involved in complex and lengthy violent crime investigations, or
 5421  matching funding to multiagency or statewide drug control or
 5422  illicit money laundering investigative efforts or task force
 5423  efforts that significantly contribute to achieving the state’s
 5424  goal of reducing drug-related crime, that represent a
 5425  significant illicit money laundering investigative effort, or
 5426  that otherwise significantly support statewide strategies
 5427  developed by the Statewide Drug Policy Advisory Council
 5428  established under s. 397.333;
 5429         (b) State and local law enforcement agencies that are
 5430  involved in violent crime investigations which constitute a
 5431  significant emergency within the state; or
 5432         (c) Counties that demonstrate a significant hardship or an
 5433  inability to cover extraordinary expenses associated with a
 5434  violent crime trial.
 5435         Section 87. For the purpose of incorporating the amendment
 5436  made by this act to section 394.492, Florida Statutes, in a
 5437  reference thereto, paragraph (a) of subsection (6) of section
 5438  39.407, Florida Statutes, is reenacted to read:
 5439         39.407 Medical, psychiatric, and psychological examination
 5440  and treatment of child; physical, mental, or substance abuse
 5441  examination of person with or requesting child custody.—
 5442         (6) Children who are in the legal custody of the department
 5443  may be placed by the department, without prior approval of the
 5444  court, in a residential treatment center licensed under s.
 5445  394.875 or a hospital licensed under chapter 395 for residential
 5446  mental health treatment only pursuant to this section or may be
 5447  placed by the court in accordance with an order of involuntary
 5448  examination or involuntary placement entered pursuant to s.
 5449  394.463 or s. 394.467. All children placed in a residential
 5450  treatment program under this subsection must have a guardian ad
 5451  litem appointed.
 5452         (a) As used in this subsection, the term:
 5453         1. “Residential treatment” means placement for observation,
 5454  diagnosis, or treatment of an emotional disturbance in a
 5455  residential treatment center licensed under s. 394.875 or a
 5456  hospital licensed under chapter 395.
 5457         2. “Least restrictive alternative” means the treatment and
 5458  conditions of treatment that, separately and in combination, are
 5459  no more intrusive or restrictive of freedom than reasonably
 5460  necessary to achieve a substantial therapeutic benefit or to
 5461  protect the child or adolescent or others from physical injury.
 5462         3. “Suitable for residential treatment” or “suitability”
 5463  means a determination concerning a child or adolescent with an
 5464  emotional disturbance as defined in s. 394.492(5) or a serious
 5465  emotional disturbance as defined in s. 394.492(6) that each of
 5466  the following criteria is met:
 5467         a. The child requires residential treatment.
 5468         b. The child is in need of a residential treatment program
 5469  and is expected to benefit from mental health treatment.
 5470         c. An appropriate, less restrictive alternative to
 5471  residential treatment is unavailable.
 5472         Section 88. For the purpose of incorporating the amendment
 5473  made by this act to section 394.492, Florida Statutes, in a
 5474  reference thereto, subsection (21) of section 394.67, Florida
 5475  Statutes, is reenacted to read:
 5476         394.67 Definitions.—As used in this part, the term:
 5477         (21) “Residential treatment center for children and
 5478  adolescents” means a 24-hour residential program, including a
 5479  therapeutic group home, which provides mental health services to
 5480  emotionally disturbed children or adolescents as defined in s.
 5481  394.492(5) or (6) and which is a private for-profit or not-for
 5482  profit corporation licensed by the agency which offers a variety
 5483  of treatment modalities in a more restrictive setting.
 5484         Section 89. For the purpose of incorporating the amendment
 5485  made by this act to section 394.492, Florida Statutes, in a
 5486  reference thereto, paragraph (b) of subsection (1) of section
 5487  394.674, Florida Statutes, is reenacted to read:
 5488         394.674 Eligibility for publicly funded substance abuse and
 5489  mental health services; fee collection requirements.—
 5490         (1) To be eligible to receive substance abuse and mental
 5491  health services funded by the department, an individual must be
 5492  a member of at least one of the department’s priority
 5493  populations approved by the Legislature. The priority
 5494  populations include:
 5495         (b) For children’s mental health services:
 5496         1. Children who are at risk of emotional disturbance as
 5497  defined in s. 394.492(4).
 5498         2. Children who have an emotional disturbance as defined in
 5499  s. 394.492(5).
 5500         3. Children who have a serious emotional disturbance as
 5501  defined in s. 394.492(6).
 5502         4. Children diagnosed as having a co-occurring substance
 5503  abuse and emotional disturbance or serious emotional
 5504  disturbance.
 5505         Section 90. For the purpose of incorporating the amendment
 5506  made by this act to section 394.492, Florida Statutes, in a
 5507  reference thereto, subsection (1) of section 394.676, Florida
 5508  Statutes, is reenacted to read:
 5509         394.676 Indigent psychiatric medication program.—
 5510         (1) Within legislative appropriations, the department may
 5511  establish the indigent psychiatric medication program to
 5512  purchase psychiatric medications for persons as defined in s.
 5513  394.492(5) or (6) or pursuant to s. 394.674(1), who do not
 5514  reside in a state mental health treatment facility or an
 5515  inpatient unit.
 5516         Section 91. For the purpose of incorporating the amendment
 5517  made by this act to section 394.492, Florida Statutes, in a
 5518  reference thereto, paragraph (c) of subsection (2) of section
 5519  409.1676, Florida Statutes, is reenacted to read:
 5520         409.1676 Comprehensive residential group care services to
 5521  children who have extraordinary needs.—
 5522         (2) As used in this section, the term:
 5523         (c) “Serious behavioral problems” means behaviors of
 5524  children who have been assessed by a licensed master’s-level
 5525  human-services professional to need at a minimum intensive
 5526  services but who do not meet the criteria of s. 394.492(7). A
 5527  child with an emotional disturbance as defined in s. 394.492(5)
 5528  or (6) may be served in residential group care unless a
 5529  determination is made by a mental health professional that such
 5530  a setting is inappropriate. A child having a serious behavioral
 5531  problem must have been determined in the assessment to have at
 5532  least one of the following risk factors:
 5533         1. An adjudication of delinquency and be on conditional
 5534  release status with the Department of Juvenile Justice.
 5535         2. A history of physical aggression or violent behavior
 5536  toward self or others, animals, or property within the past
 5537  year.
 5538         3. A history of setting fires within the past year.
 5539         4. A history of multiple episodes of running away from home
 5540  or placements within the past year.
 5541         5. A history of sexual aggression toward other youth.
 5542         Section 92. For the purpose of incorporating the amendment
 5543  made by this act to section 394.492, Florida Statutes, in a
 5544  reference thereto, paragraph (b) of subsection (1) of section
 5545  409.1677, Florida Statutes, is reenacted to read:
 5546         409.1677 Model comprehensive residential services
 5547  programs.—
 5548         (1) As used in this section, the term:
 5549         (b) “Serious behavioral problems” means behaviors of
 5550  children who have been assessed by a licensed master’s-level
 5551  human-services professional to need at a minimum intensive
 5552  services but who do not meet the criteria of s. 394.492(6) or
 5553  (7). A child with an emotional disturbance as defined in s.
 5554  394.492(5) may be served in residential group care unless a
 5555  determination is made by a mental health professional that such
 5556  a setting is inappropriate.
 5557         Section 93. Except as otherwise expressly provided in this
 5558  act, this act shall take effect July 1, 2015.
 5559  
 5560  ================= T I T L E  A M E N D M E N T ================
 5561  And the title is amended as follows:
 5562         Delete everything before the enacting clause
 5563  and insert:
 5564         An act relating to mental health and substance abuse;
 5565         providing a directive to the Division of Law Revision
 5566         and Information; amending ss. 29.004, 39.001, 39.507,
 5567         and 39.521, F.S.; conforming provisions to changes
 5568         made by the act; amending s. 381.0056, F.S.; revising
 5569         the definition of the term “emergency health needs”;
 5570         requiring school health services plans to include
 5571         notification requirements when a student is removed
 5572         from school, school transportation, or a school
 5573         sponsored activity for involuntary examination;
 5574         amending s. 394.453, F.S.; providing legislative
 5575         intent regarding the development of programs related
 5576         to substance abuse impairment by the Department of
 5577         Children and Families; expanding legislative intent
 5578         related to a guarantee of dignity and human rights to
 5579         all individuals who are admitted to substance abuse
 5580         treatment facilities; amending s. 394.455, F.S.;
 5581         defining and redefining terms; deleting terms;
 5582         amending s. 394.457, F.S.; adding substance abuse
 5583         services as a program focus for which the Department
 5584         of Children and Families is responsible; deleting a
 5585         requirement that the department establish minimum
 5586         standards for personnel employed in mental health
 5587         programs and provide orientation and training
 5588         materials; amending s. 394.4573, F.S.; deleting a
 5589         term; adding substance abuse care as an element of the
 5590         continuity of care management system that the
 5591         department must establish; deleting duties and
 5592         measures of performance of the department regarding
 5593         the continuity of care management system; amending s.
 5594         394.459, F.S.; extending a right to dignity to all
 5595         individuals held for examination or admitted for
 5596         mental health or substance abuse treatment; providing
 5597         procedural requirements that must be followed to
 5598         detain without consent an individual who has a
 5599         substance abuse impairment but who has not been
 5600         charged with a criminal offense; providing that
 5601         individuals held for examination or admitted for
 5602         treatment at a facility have a right to certain
 5603         evaluation and treatment procedures; removing
 5604         provisions regarding express and informed consent for
 5605         medical procedures requiring the use of a general
 5606         anesthetic or electroconvulsive treatment; requiring
 5607         facilities to have written procedures for reporting
 5608         events that place individuals receiving services at
 5609         risk of harm; requiring service providers to provide
 5610         information concerning advance directives to
 5611         individuals receiving services; amending s. 394.4597,
 5612         F.S.; specifying certain persons who are prohibited
 5613         from being selected as an individual’s representative;
 5614         providing certain rights to representatives; amending
 5615         s. 394.4598, F.S.; specifying certain persons who are
 5616         prohibited from being appointed as an individual’s
 5617         guardian advocate; providing guidelines for decisions
 5618         of guardian advocates; amending s. 394.4599, F.S.;
 5619         including health care surrogates and proxies as
 5620         individuals who may act on behalf of an individual
 5621         involuntarily admitted to a facility; requiring a
 5622         receiving facility to give notice immediately of the
 5623         whereabouts of a minor who is being held involuntarily
 5624         to the minor’s parent, guardian, caregiver, or
 5625         guardian advocate; providing circumstances when
 5626         notification may be delayed; requiring the receiving
 5627         facility to make continuous attempts to notify;
 5628         authorizing the receiving facility to seek assistant
 5629         from law enforcement under certain circumstances;
 5630         requiring the receiving facility to document
 5631         notification attempts in the minor’s clinical record;
 5632         amending s. 394.4615, F.S.; adding a condition under
 5633         which the clinical record of an individual must be
 5634         released to the state attorney; providing for the
 5635         release of information from the clinical record to law
 5636         enforcement agencies under certain circumstances;
 5637         amending s. 394.462, F.S.; providing that a person in
 5638         custody for a felony other than a forcible felony must
 5639         be transported to the nearest receiving facility for
 5640         examination; providing that a law enforcement officer
 5641         may transport an individual meeting the criteria for
 5642         voluntary admission to a mental health receiving
 5643         facility, addictions receiving facility, or
 5644         detoxification facility at the individual’s request;
 5645         amending s. 394.4625, F.S.; providing criteria for the
 5646         examination and treatment of an individual who is
 5647         voluntarily admitted to a facility; providing criteria
 5648         for the release or discharge of the individual;
 5649         providing that a voluntarily admitted individual who
 5650         is released or discharged and who is currently charged
 5651         with a crime shall be returned to the custody of a law
 5652         enforcement officer; providing procedures for
 5653         transferring an individual to voluntary status and
 5654         involuntary status; amending s. 394.463, F.S.;
 5655         providing for the involuntary examination of a person
 5656         for a substance abuse impairment; providing for the
 5657         transportation of an individual for an involuntary
 5658         examination; providing that a certificate for an
 5659         involuntary examination must contain certain
 5660         information; providing criteria and procedures for the
 5661         release of an individual held for involuntary
 5662         examination from receiving or treatment facilities;
 5663         amending s. 394.4655, F.S.; adding substance abuse
 5664         impairment as a condition to which criteria for
 5665         involuntary outpatient placement apply; providing
 5666         guidelines for an attorney representing an individual
 5667         subject to proceedings for involuntary outpatient
 5668         placement; providing guidelines for the state attorney
 5669         in prosecuting a petition for involuntary placement;
 5670         requiring the court to consider certain information
 5671         when determining whether to appoint a guardian
 5672         advocate for the individual; requiring the court to
 5673         inform the individual and his or her representatives
 5674         of the individual’s right to an independent expert
 5675         examination with regard to proceedings for involuntary
 5676         outpatient placement; amending s. 394.467, F.S.;
 5677         adding substance abuse impairment as a condition to
 5678         which criteria for involuntary inpatient placement
 5679         apply; adding addictions receiving facilities and
 5680         detoxification facilities as identified receiving
 5681         facilities; providing for first and second medical
 5682         opinions in proceedings for placement for treatment of
 5683         substance abuse impairment; providing guidelines for
 5684         attorney representation of an individual subject to
 5685         proceedings for involuntary inpatient placement;
 5686         providing guidelines for the state attorney in
 5687         prosecuting a petition for involuntary placement;
 5688         setting standards for the court to accept a waiver of
 5689         the individual’s rights; requiring the court to
 5690         consider certain testimony regarding the individual’s
 5691         prior history in proceedings; requiring the Division
 5692         of Administrative Hearings to inform the individual
 5693         and his or her representatives of the right to an
 5694         independent expert examination; amending s. 394.4672,
 5695         F.S.; providing authority of facilities of the United
 5696         States Department of Veterans Affairs to conduct
 5697         certain examinations and provide certain treatments;
 5698         amending s. 394.47891, F.S.; expanding eligibility
 5699         criteria for military veterans’ and servicemembers’
 5700         court programs; creating s. 394.47892, F.S.;
 5701         authorizing counties to fund treatment-based mental
 5702         health court programs; providing legislative intent;
 5703         providing that pretrial program participation is
 5704         voluntary; specifying criteria that a court must
 5705         consider before sentencing a person to a
 5706         postadjudicatory treatment-based mental health court
 5707         program; requiring a judge presiding over a
 5708         postadjudicatory treatment-based mental health court
 5709         program to hear a violation of probation or community
 5710         control under certain circumstances; providing that
 5711         treatment-based mental health court programs may
 5712         include specified programs; requiring a judicial
 5713         circuit with a treatment-based mental health court
 5714         program to establish a coordinator position, subject
 5715         to annual appropriation by the Legislature; providing
 5716         county funding requirements for treatment-based mental
 5717         health court programs; authorizing the chief judge of
 5718         a judicial circuit to appoint an advisory committee
 5719         for the treatment-based mental health court program;
 5720         specifying membership of the committee; amending s.
 5721         394.656, F.S.; renaming the Criminal Justice, Mental
 5722         Health, and Substance Abuse Statewide Grant Review
 5723         Committee as the Criminal Justice, Mental Health, and
 5724         Substance Abuse Statewide Grant Policy Committee;
 5725         providing additional members of the committee;
 5726         providing duties of the committee; providing
 5727         additional qualifications for committee members;
 5728         directing the Department of Children and Families to
 5729         create a grant review and selection committee;
 5730         providing duties of the committee; authorizing a
 5731         designated not-for-profit community provider, managing
 5732         entity, or coordinated care organization to apply for
 5733         certain grants; providing eligibility requirements;
 5734         defining the term “sequential intercept mapping”: ;
 5735         removing provisions relating to applications for
 5736         certain planning grants; amending s. 394.875, F.S.;
 5737         removing a limitation on the number of beds in crisis
 5738         stabilization units; creating s. 765.4015, F.S.;
 5739         providing a short title; creating s. 765.402, F.S.;
 5740         providing legislative findings; creating s. 765.403,
 5741         F.S.; defining terms; creating s. 765.405, F.S.;
 5742         authorizing an adult with capacity to execute a mental
 5743         health or substance abuse treatment advance directive;
 5744         providing a presumption of validity if certain
 5745         requirements are met; specifying provisions that an
 5746         advance directive may include; creating s. 765.406,
 5747         F.S.; providing for execution of the mental health or
 5748         substance abuse treatment advance directive;
 5749         establishing requirements for a valid mental health or
 5750         substance abuse treatment advance directive; providing
 5751         that a mental health or substance abuse treatment
 5752         advance directive is valid upon execution even if a
 5753         part of the advance directive takes effect at a later
 5754         date; allowing a mental health or substance abuse
 5755         treatment advance directive to be revoked, in whole or
 5756         in part, or to expire under its own terms; specifying
 5757         that a mental health or substance abuse treatment
 5758         advance directive does not or may not serve specified
 5759         purposes; creating s. 765.407, F.S.; providing
 5760         circumstances under which a mental health or substance
 5761         abuse treatment advance directive may be revoked;
 5762         providing circumstances under which a principal may
 5763         waive specific directive provisions without revoking
 5764         the advance directive; creating s. 765.410, F.S.;
 5765         prohibiting criminal prosecution of a health care
 5766         facility, provider, or surrogate who acts pursuant to
 5767         a mental health or substance abuse treatment decision;
 5768         providing applicability; creating s. 765.411, F.S.;
 5769         providing for recognition of a mental health and
 5770         substance abuse treatment advance directive executed
 5771         in another state if it complies with the laws of this
 5772         state; creating s. 916.185, F.S.; providing
 5773         legislative findings and intent; defining terms;
 5774         creating the Forensic Hospital Diversion Pilot
 5775         Program; requiring the Department of Children and
 5776         Families to implement a Forensic Hospital Diversion
 5777         Pilot Program in five specified judicial circuits;
 5778         providing eligibility criteria for participation in
 5779         the pilot program; providing legislative intent
 5780         concerning the training of judges; authorizing the
 5781         department to adopt rules; directing the Office of
 5782         Program Policy Analysis and Government Accountability
 5783         to submit a report to the Governor and the Legislature
 5784         by a certain date; creating s. 944.805, F.S.; defining
 5785         the terms “department” and “nonviolent offender”;
 5786         requiring the Department of Corrections to develop and
 5787         administer a reentry program for nonviolent offenders
 5788         which is intended to divert nonviolent offenders from
 5789         long periods of incarceration; requiring that the
 5790         program include intensive substance abuse treatment
 5791         and rehabilitation programs; providing for the minimum
 5792         length of service in the program; providing that any
 5793         portion of a sentence before placement in the program
 5794         does not count as progress toward program completion;
 5795         identifying permissible locations for the operation of
 5796         a reentry program; specifying eligibility criteria for
 5797         a nonviolent offender’s participation in the reentry
 5798         program; requiring the department to screen and select
 5799         eligible offenders for the program based on specified
 5800         considerations; requiring the department to notify a
 5801         nonviolent offender’s sentencing court to obtain
 5802         approval before the nonviolent offender is placed in
 5803         the reentry program; requiring the department to
 5804         notify the state attorney that an offender is being
 5805         considered for placement in the program; authorizing
 5806         the state attorney to file objections to placing the
 5807         offender in the reentry program within a specified
 5808         period; authorizing the sentencing court to consider
 5809         certain factors when deciding whether to approve an
 5810         offender for placement in a reentry program; requiring
 5811         the sentencing court to notify the department of the
 5812         court’s decision to approve or disapprove the
 5813         requested placement within a specified period;
 5814         requiring a nonviolent offender to undergo an
 5815         educational assessment and a complete substance abuse
 5816         assessment if admitted into the reentry program;
 5817         requiring an offender to be enrolled in an adult
 5818         education program in specified circumstances;
 5819         requiring that assessments of vocational skills and
 5820         future career education be provided to an offender;
 5821         requiring that certain reevaluation be made
 5822         periodically; providing that a participating
 5823         nonviolent offender is subject to the disciplinary
 5824         rules of the department; specifying the reasons for
 5825         which an offender may be terminated from the reentry
 5826         program; requiring that the department submit a report
 5827         to the sentencing court at least 30 days before a
 5828         nonviolent offender is scheduled to complete the
 5829         reentry program; specifying the issues to be addressed
 5830         in the report; authorizing a court to schedule a
 5831         hearing to consider any modification to an imposed
 5832         sentence; requiring the sentencing court to issue an
 5833         order modifying the sentence imposed and placing a
 5834         nonviolent offender on drug offender probation if the
 5835         nonviolent offender’s performance is satisfactory;
 5836         authorizing the court to revoke probation and impose
 5837         the original sentence in specified circumstances;
 5838         authorizing the court to require an offender to
 5839         complete a postadjudicatory drug court program in
 5840         specified circumstances; directing the department to
 5841         implement the reentry program using available
 5842         resources; authorizing the department to enter into
 5843         contracts with qualified individuals, agencies, or
 5844         corporations for services for the reentry program;
 5845         requiring offenders to abide by department conduct
 5846         rules; authorizing the department to impose
 5847         administrative or protective confinement as necessary;
 5848         providing that the section does not create a right to
 5849         placement in the reentry program or any right to
 5850         placement or early release under supervision of any
 5851         type; providing that the section does not create a
 5852         cause of action related to the program; authorizing
 5853         the department to establish a system of incentives
 5854         within the reentry program which the department may
 5855         use to promote participation in rehabilitative
 5856         programs and the orderly operation of institutions and
 5857         facilities; requiring the department to develop a
 5858         system for tracking recidivism, including, but not
 5859         limited to, rearrests and recommitment of nonviolent
 5860         offenders who successfully complete the reentry
 5861         program, and to report on recidivism in an annual
 5862         report; requiring the department to submit an annual
 5863         report to the Governor and Legislature detailing the
 5864         extent of implementation of the reentry program,
 5865         specifying requirements for the report; requiring the
 5866         department to adopt rules; providing that specified
 5867         provisions are not severable; amending s. 948.08,
 5868         F.S.; expanding the definition of the term “veteran”
 5869         for purposes of eligibility requirements for a
 5870         pretrial intervention program; amending s. 948.16,
 5871         F.S.; expanding the definition of the term “veteran”
 5872         for purposes of eligibility requirements for a
 5873         misdemeanor pretrial veterans’ treatment intervention
 5874         program; amending s. 948.21, F.S.; authorizing a court
 5875         to impose certain conditions on certain probationers
 5876         or community controllees; amending ss. 1002.20 and
 5877         1002.33, F.S.; requiring public school and charter
 5878         school principals or their designees to provide notice
 5879         of the whereabouts of a student removed from school,
 5880         school transportation, or a school-sponsored activity
 5881         for involuntary examination; providing circumstances
 5882         under which notification may be delayed; requiring
 5883         district school boards and charter school governing
 5884         boards to develop notification policies and
 5885         procedures; amending ss. 39.407, 394.4612, 394.495,
 5886         394.496, 394.499, 394.67, 394.674, 394.9085, 397.311,
 5887         397.702, 402.3057, 409.1757, 409.972, 744.704, and
 5888         790.065, F.S.; conforming cross-references; repealing
 5889         s. 397.601, F.S., relating to voluntary admissions;
 5890         repealing s. 397.675, F.S., relating to criteria for
 5891         involuntary admissions, including protective custody,
 5892         emergency admission, and other involuntary assessment,
 5893         involuntary treatment, and alternative involuntary
 5894         assessment for minors, for purposes of assessment and
 5895         stabilization, and for involuntary treatment;
 5896         repealing s. 397.6751, F.S., relating to service
 5897         provider responsibilities regarding involuntary
 5898         admissions; repealing s. 397.6752, F.S., relating to
 5899         referral of involuntarily admitted individual for
 5900         voluntary treatment; repealing s. 397.6758, F.S.,
 5901         relating to release of individual from protective
 5902         custody, emergency admission, involuntary assessment,
 5903         involuntary treatment, and alternative involuntary
 5904         assessment of a minor; repealing s. 397.6759, F.S.,
 5905         relating to parental participation in treatment;
 5906         repealing s. 397.677, F.S., relating to protective
 5907         custody; circumstances justifying; repealing s.
 5908         397.6771, F.S., relating to protective custody with
 5909         consent; repealing s. 397.6772, F.S., relating to
 5910         protective custody without consent; repealing s.
 5911         397.6773, F.S., relating to dispositional alternatives
 5912         after protective custody; repealing s. 397.6774, F.S.,
 5913         relating to department to maintain lists of licensed
 5914         facilities; repealing s. 397.6775, F.S., relating to
 5915         Immunity from liability; repealing s. 397.679, F.S.,
 5916         relating to emergency admission; circumstances
 5917         justifying; repealing s. 397.6791, F.S., relating to
 5918         emergency admission; persons who may initiate;
 5919         repealing s. 397.6793, F.S., relating to physician’s
 5920         certificate for emergency admission; repealing s.
 5921         397.6795, F.S., relating to transportation-assisted
 5922         delivery of persons for emergency assessment;
 5923         repealing s. 397.6797, F.S., relating to dispositional
 5924         alternatives after emergency admission; repealing s.
 5925         397.6798, F.S., relating to alternative involuntary
 5926         assessment procedure for minors; repealing s.
 5927         397.6799, F.S., relating to disposition of minor upon
 5928         completion of alternative involuntary assessment;
 5929         repealing s. 397.681, F.S., relating to involuntary
 5930         petitions; general provisions; court jurisdiction and
 5931         right to counsel; repealing s. 397.6811, F.S.,
 5932         relating to involuntary assessment and stabilization;
 5933         repealing s. 397.6814, F.S., relating to involuntary
 5934         assessment and stabilization; contents of petition;
 5935         repealing s. 397.6815, F.S., relating to involuntary
 5936         assessment and stabilization; procedure; repealing s.
 5937         397.6818, F.S., relating to court determination;
 5938         repealing s. 397.6819, F.S., relating to involuntary
 5939         assessment and stabilization; responsibility of
 5940         licensed service provider; repealing s. 397.6821,
 5941         F.S., relating to extension of time for completion of
 5942         involuntary assessment and stabilization; repealing s.
 5943         397.6822, F.S., relating to disposition of individual
 5944         after involuntary assessment; repealing s. 397.693,
 5945         F.S., relating to involuntary treatment; repealing s.
 5946         397.695, F.S., relating to involuntary treatment;
 5947         persons who may petition; repealing s. 397.6951, F.S.,
 5948         relating to contents of petition for involuntary
 5949         treatment; repealing s. 397.6955, F.S., relating to
 5950         duties of court upon filing of petition for
 5951         involuntary treatment; repealing s. 397.6957, F.S.,
 5952         relating to hearing on petition for involuntary
 5953         treatment; repealing s. 397.697, F.S., relating to
 5954         court determination; effect of court order for
 5955         involuntary substance abuse treatment; repealing s.
 5956         397.6971, F.S., relating to early release from
 5957         involuntary substance abuse treatment; repealing s.
 5958         397.6975, F.S., relating to extension of involuntary
 5959         substance abuse treatment period; repealing s.
 5960         397.6977, F.S., relating to disposition of individual
 5961         upon completion of involuntary substance abuse
 5962         treatment; reenacting ss. 394.4685(1) and 394.469(2),
 5963         F.S., to incorporate the amendment made to s.
 5964         394.4599, F.S., in references thereto; amending s.
 5965         394.455, F.S.; revising the definition of “mental
 5966         illness” to exclude dementia and traumatic brain
 5967         injuries; amending s. 394.492, F.S.; redefining terms;
 5968         creating s. 394.761, F.S.; requiring the Agency for
 5969         Health Care Administration and the Department of
 5970         Children and Families to develop a plan to obtain
 5971         federal approval for increasing the availability of
 5972         federal Medicaid funding for behavioral health care;
 5973         establishing improved integration of behavioral health
 5974         and primary care services through the development and
 5975         effective implementation of coordinated care
 5976         organizations as the primary goal of obtaining the
 5977         additional funds; requiring the agency and the
 5978         department to submit the written plan, which must
 5979         include certain information, to the Legislature by a
 5980         specified date; requiring the agency to submit an
 5981         Excellence in Mental Health Act grant application to
 5982         the United States Department of Health and Human
 5983         Services; amending s. 394.9082, F.S.; revising
 5984         legislative findings and intent; redefining terms;
 5985         requiring the managing entities, rather than the
 5986         department, to contract with community based
 5987         organizations to serve as managing entities; deleting
 5988         provisions providing for contracting for services;
 5989         providing contractual responsibilities of a managing
 5990         entity; requiring the Department of Children and
 5991         Families to revise contracts with all managing
 5992         entities by a certain date; providing contractual
 5993         terms and requirements; providing for termination of a
 5994         contract with a managing entity under certain
 5995         circumstances; providing how the department will
 5996         choose a managing entity and the factors it must
 5997         consider; requiring the department to develop and
 5998         incorporate measurable outcome standards while
 5999         addressing specified goals; providing that managing
 6000         entities may earn designation as coordinated care
 6001         organizations by developing and implementing a plan
 6002         that achieves a certain goal; providing requirements
 6003         for the plan; providing for earning and maintaining
 6004         the designation of a managing entity as a coordinated
 6005         care organization; requiring the department to seek
 6006         input from certain entities and persons before
 6007         designating a managing entity as a coordinated care
 6008         organization; providing that a comprehensive range of
 6009         services includes specified elements; revising the
 6010         criteria for which the department may adopt rules and
 6011         contractual standards related to the qualification and
 6012         operation of managing entities; deleting certain
 6013         departmental responsibilities; deleting a provision
 6014         requiring an annual report to the Legislature;
 6015         authorizing, rather than requiring, the department to
 6016         adopt rules; defining the term “public receiving
 6017         facility”; requiring the department to establish
 6018         specified standards and protocols with respect to the
 6019         administration of the crisis stabilization services
 6020         utilization database; directing managing entities to
 6021         require public receiving facilities to submit
 6022         utilization data on a periodic basis; providing
 6023         requirements for the data; requiring managing entities
 6024         to periodically submit aggregate data to the
 6025         department; requiring the department to adopt rules;
 6026         requiring the department to annually submit a report
 6027         to the Governor and the Legislature; prescribing
 6028         report requirements; providing an appropriation to
 6029         implement the database; creating s. 397.402, F.S.;
 6030         requiring that the department and the agency submit a
 6031         plan to the Governor and Legislature by a specified
 6032         date with options for modifying certain licensure
 6033         rules and procedures to provide for a single,
 6034         consolidated license for providers that offer multiple
 6035         types of mental health and substance abuse services;
 6036         amending s. 409.967, F.S.; requiring that certain
 6037         plans or contracts include specified requirements;
 6038         amending s. 409.973, F.S.; requiring each plan
 6039         operating in the managed medical assistance program to
 6040         work with the managing entity to establish specific
 6041         organizational supports and service protocols;
 6042         repealing s. 394.4674, F.S., relating to a plan and
 6043         report; repealing s. 394.4985, F.S., relating to
 6044         districtwide information and referral network and
 6045         implementation; repealing s. 394.745, F.S., relating
 6046         to an annual report and compliance of providers under
 6047         contract with the department; repealing s. 397.331,
 6048         F.S., relating to definitions; repealing s. 397.333,
 6049         F.S., relating to the Statewide Drug Policy Advisory
 6050         Council; repealing s. 397.801, F.S., relating to
 6051         substance abuse impairment coordination; repealing s.
 6052         397.811, F.S., relating to juvenile substance abuse
 6053         impairment coordination; repealing s. 397.821, F.S.,
 6054         relating to juvenile substance abuse impairment
 6055         prevention and early intervention councils; repealing
 6056         s. 397.901, F.S., relating to prototype juvenile
 6057         addictions receiving facilities; repealing s. 397.93,
 6058         F.S., relating to children’s substance abuse services
 6059         and target populations; repealing s. 397.94, F.S.,
 6060         relating to children’s substance abuse services and
 6061         the information and referral network; repealing s.
 6062         397.951, F.S., relating to treatment and sanctions;
 6063         repealing s. 397.97, F.S., relating to children’s
 6064         substance abuse services and demonstration models;
 6065         amending s. 491.0045, F.S.; limiting an intern
 6066         registration to 5 years; providing timelines for
 6067         expiration of certain intern registrations; providing
 6068         requirements for issuance of subsequent registrations;
 6069         prohibiting an individual who held a provisional
 6070         license from the board from applying for an intern
 6071         registration in the same profession; amending ss.
 6072         397.321, 397.98, 409.966, 943.031, and 943.042, F.S.;
 6073         conforming provisions and cross-references to changes
 6074         made by the act; reenacting ss. 39.407(6)(a),
 6075         394.67(21), 394.674(1)(b), 394.676(1), 409.1676(2)(c),
 6076         and 409.1677(1)(b), F.S., relating to the term
 6077         “suitable for residential treatment” or “suitability,”
 6078         the term “residential treatment center for children
 6079         and adolescents,” children’s mental health services,
 6080         the indigent psychiatric medication program, and the
 6081         term “serious behavioral problems,” respectively, to
 6082         incorporate the amendment made to s. 394.492, F.S., in
 6083         references thereto; providing effective dates.
 6084  
 6085