Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 7070
Ì497498mÎ497498
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2015 .
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The Committee on Appropriations (Garcia) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 3825 - 4392
4 and insert:
5 (c) An adult qualifying for voluntary admission for
6 substance abuse treatment under s. 394.4625 s. 397.601.
7 (d) An adult meeting the criteria for involuntary admission
8 for substance abuse impairment under s. 394.463 s. 397.675.
9 Section 35. Effective July 1, 2016, paragraphs (a) and (c)
10 of subsection (3) of section 394.495, Florida Statutes, are
11 amended to read:
12 394.495 Child and adolescent mental health system of care;
13 programs and services.—
14 (3) Assessments must be performed by:
15 (a) A professional as defined in s. 394.455(6), (31), (34),
16 (35), or (36) s. 394.455(2), (4), (21), (23), or (24);
17 (c) A person who is under the direct supervision of a
18 professional as defined in s. 394.455(6), (31), (34), (35), or
19 (36) s. 394.455(2), (4), (21), (23), or (24) or a professional
20 licensed under chapter 491.
21
22 The department shall adopt by rule statewide standards for
23 mental health assessments, which must be based on current
24 relevant professional and accreditation standards.
25 Section 36. Effective July 1, 2016, subsection (6) of
26 section 394.496, Florida Statutes, is amended to read:
27 394.496 Service planning.—
28 (6) A professional as defined in s. 394.455(6), (31), (34),
29 (35), or (36) s. 394.455(2), (4), (21), (23), or (24) or a
30 professional licensed under chapter 491 must be included among
31 those persons developing the services plan.
32 Section 37. Effective July 1, 2016, subsection (2) of
33 section 394.499, Florida Statutes, is amended to read:
34 394.499 Integrated children’s crisis stabilization
35 unit/juvenile addictions receiving facility services.—
36 (2) Children eligible to receive integrated children’s
37 crisis stabilization unit/juvenile addictions receiving facility
38 services include:
39 (a) A person under 18 years of age for whom voluntary
40 application is made by his or her guardian, if such person is
41 found to show evidence of mental illness and to be suitable for
42 treatment pursuant to s. 394.4625. A person under 18 years of
43 age may be admitted for integrated facility services only after
44 a hearing to verify that the consent to admission is voluntary.
45 (b) A person under 18 years of age who may be taken to a
46 receiving facility for involuntary examination, if there is
47 reason to believe that he or she is mentally ill and because of
48 his or her mental illness, pursuant to s. 394.463:
49 1. Has refused voluntary examination after conscientious
50 explanation and disclosure of the purpose of the examination; or
51 2. Is unable to determine for himself or herself whether
52 examination is necessary; and
53 a. Without care or treatment is likely to suffer from
54 neglect or refuse to care for himself or herself; such neglect
55 or refusal poses a real and present threat of substantial harm
56 to his or her well-being; and it is not apparent that such harm
57 may be avoided through the help of willing family members or
58 friends or the provision of other services; or
59 b. There is a substantial likelihood that without care or
60 treatment he or she will cause serious bodily harm to himself or
61 herself or others in the near future, as evidenced by recent
62 behavior.
63 (c) A person under 18 years of age who wishes to enter
64 treatment for substance abuse and applies to a service provider
65 for voluntary admission, pursuant to s. 394.4625(1)(a) s.
66 397.601.
67 (d) A person under 18 years of age who meets the criteria
68 for involuntary admission because there is good faith reason to
69 believe the person is substance abuse impaired pursuant to s.
70 397.675 and, because of such impairment:
71 1. Has lost the power of self-control with respect to
72 substance use; and
73 2.a. Has inflicted, or threatened or attempted to inflict,
74 or unless admitted is likely to inflict, physical harm on
75 himself or herself or another; or
76 b. Is in need of substance abuse services and, by reason of
77 substance abuse impairment, his or her judgment has been so
78 impaired that the person is incapable of appreciating his or her
79 need for such services and of making a rational decision in
80 regard thereto; however, mere refusal to receive such services
81 does not constitute evidence of lack of judgment with respect to
82 his or her need for such services.
83 (d)(e) A person under 18 years of age who meets the
84 criteria for examination or admission under paragraph (b) or
85 paragraph (d) and has a coexisting mental health and substance
86 abuse disorder.
87 Section 38. Effective July 1, 2016, subsection (18) of
88 section 394.67, Florida Statutes, is amended to read:
89 394.67 Definitions.—As used in this part, the term:
90 (18) “Person who is experiencing an acute substance abuse
91 crisis” means a child, adolescent, or adult who is experiencing
92 a medical or emotional crisis because of the use of alcoholic
93 beverages or any psychoactive or mood-altering substance. The
94 term includes an individual who meets the criteria for
95 involuntary admission specified in s. 394.463 s. 397.675.
96 Section 39. Effective July 1, 2016, subsection (2) of
97 section 394.674, Florida Statutes, is amended to read:
98 394.674 Eligibility for publicly funded substance abuse and
99 mental health services; fee collection requirements.—
100 (2) Crisis services, as defined in s. 394.67, must, within
101 the limitations of available state and local matching resources,
102 be available to each person who is eligible for services under
103 subsection (1), regardless of the person’s ability to pay for
104 such services. A person who is experiencing a mental health
105 crisis and who does not meet the criteria for involuntary
106 examination under s. 394.463(1), or a person who is experiencing
107 a substance abuse crisis and who does not meet the involuntary
108 admission criteria in s. 394.463 s. 397.675, must contribute to
109 the cost of his or her care and treatment pursuant to the
110 sliding fee scale developed under subsection (4), unless
111 charging a fee is contraindicated because of the crisis
112 situation.
113 Section 40. Effective July 1, 2016, subsection (6) of
114 section 394.9085, Florida Statutes, is amended to read:
115 394.9085 Behavioral provider liability.—
116 (6) For purposes of this section, the terms “detoxification
117 services,” “addictions receiving facility,” and “receiving
118 facility” have the same meanings as those provided in ss.
119 397.311(18)(a)4., 397.311(18)(a)1., and 394.455(27) 394.455(26),
120 respectively.
121 Section 41. Effective July 1, 2016, subsection (11) and
122 paragraph (a) of subsection (18) of section 397.311, Florida
123 Statutes, are amended to read:
124 397.311 Definitions.—As used in this chapter, except part
125 VIII, the term:
126 (11) “Habitual abuser” means a person who is brought to the
127 attention of law enforcement for being substance impaired, who
128 meets the criteria for involuntary admission in s.394.463 s.
129 397.675, and who has been taken into custody for such impairment
130 three or more times during the preceding 12 months.
131 (18) Licensed service components include a comprehensive
132 continuum of accessible and quality substance abuse prevention,
133 intervention, and clinical treatment services, including the
134 following services:
135 (a) “Clinical treatment” means a professionally directed,
136 deliberate, and planned regimen of services and interventions
137 that are designed to reduce or eliminate the misuse of drugs and
138 alcohol and promote a healthy, drug-free lifestyle. As defined
139 by rule, “clinical treatment services” include, but are not
140 limited to, the following licensable service components:
141 1. “Addictions receiving facility” is a secure, acute care
142 facility that provides, at a minimum, detoxification and
143 stabilization services and; is operated 24 hours per day, 7 days
144 per week; and is designated by the department to serve
145 individuals found to be substance use impaired as described in
146 s. 394.463 s. 397.675 who meet the placement criteria for this
147 component.
148 2. “Day or night treatment” is a service provided in a
149 nonresidential environment, with a structured schedule of
150 treatment and rehabilitative services.
151 3. “Day or night treatment with community housing” means a
152 program intended for individuals who can benefit from living
153 independently in peer community housing while participating in
154 treatment services for a minimum of 5 hours a day for a minimum
155 of 25 hours per week.
156 4. “Detoxification” is a service involving subacute care
157 that is provided on an inpatient or an outpatient basis to
158 assist individuals to withdraw from the physiological and
159 psychological effects of substance abuse and who meet the
160 placement criteria for this component.
161 5. “Intensive inpatient treatment” includes a planned
162 regimen of evaluation, observation, medical monitoring, and
163 clinical protocols delivered through an interdisciplinary team
164 approach provided 24-hours-per-day 24 hours per day, 7-days-per
165 week 7 days per week, in a highly structured, live-in
166 environment.
167 6. “Intensive outpatient treatment” is a service that
168 provides individual or group counseling in a more structured
169 environment, is of higher intensity and duration than outpatient
170 treatment, and is provided to individuals who meet the placement
171 criteria for this component.
172 7. “Medication-assisted treatment for opiate addiction” is
173 a service that uses methadone or other medication as authorized
174 by state and federal law, in combination with medical,
175 rehabilitative, and counseling services in the treatment of
176 individuals who are dependent on opioid drugs.
177 8. “Outpatient treatment” is a service that provides
178 individual, group, or family counseling by appointment during
179 scheduled operating hours for individuals who meet the placement
180 criteria for this component.
181 9. “Residential treatment” is a service provided in a
182 structured live-in environment within a nonhospital setting on a
183 24-hours-per-day, 7-days-per-week basis, and is intended for
184 individuals who meet the placement criteria for this component.
185 Section 42. Effective July 1, 2016, paragraph (b) of
186 subsection (2) of section 397.702, Florida Statutes, is amended
187 to read:
188 397.702 Authorization of local ordinances for treatment of
189 habitual abusers in licensed secure facilities.—
190 (2) Ordinances for the treatment of habitual abusers must
191 provide:
192 (b) That when seeking treatment of a habitual abuser, the
193 county or municipality, through an officer or agent specified in
194 the ordinance, must file with the court a petition which alleges
195 the following information about the alleged habitual abuser (the
196 respondent):
197 1. The name, address, age, and gender of the respondent.
198 2. The name of any spouse, adult child, other relative, or
199 guardian of the respondent, if known to the petitioner, and the
200 efforts, if any, by the petitioner, if any, to ascertain this
201 information.
202 3. The name of the petitioner, the name of the person who
203 has physical custody of the respondent, and the current location
204 of the respondent.
205 4. That the respondent has been taken into custody for
206 impairment in a public place, or has been arrested for an
207 offense committed while impaired, three or more times during the
208 preceding 12 months.
209 5. Specific facts indicating that the respondent meets the
210 criteria for involuntary admission in s. 394.463 s. 397.675.
211 6. Whether the respondent was advised of his or her right
212 to be represented by counsel and to request that the court
213 appoint an attorney if he or she is unable to afford one, and
214 whether the respondent indicated to petitioner his or her desire
215 to have an attorney appointed.
216 Section 43. Effective July 1, 2016, paragraph (a) of
217 subsection (1) of section 397.94, Florida Statutes, is amended
218 to read:
219 397.94 Children’s substance abuse services; information and
220 referral network.—
221 (1) The substate entity shall determine the most cost
222 effective method for delivering this service and may select a
223 new provider or utilize an existing provider or providers with a
224 record of success in providing information and referral
225 services.
226 (a) The plan must provide assurances that the information
227 and referral network will include a resource directory that
228 contains information regarding the children’s substance abuse
229 services available, including, but not limited to:
230 1. Public and private resources by service component,
231 including resources for involuntary admissions under s. 394.463
232 s. 397.675.
233 2. Hours of operation and hours during which services are
234 provided.
235 3. Ages of persons served.
236 4. Description of services.
237 5. Eligibility requirements.
238 6. Fee schedules.
239 Section 44. Effective July 1, 2016, paragraph (b) of
240 subsection (1) of section 409.972, Florida Statutes, is amended
241 to read:
242 409.972 Mandatory and voluntary enrollment.—
243 (1) The following Medicaid-eligible persons are exempt from
244 mandatory managed care enrollment required by s. 409.965, and
245 may voluntarily choose to participate in the managed medical
246 assistance program:
247 (b) Medicaid recipients residing in residential commitment
248 facilities operated through the Department of Juvenile Justice
249 or mental health treatment facilities as defined by s.
250 394.455(47) s. 394.455(32).
251 Section 45. Effective July 1, 2016, subsection (7) of
252 section 744.704, Florida Statutes, is amended to read:
253 744.704 Powers and duties.—
254 (7) A public guardian shall not commit a ward to a mental
255 health treatment facility, as defined in s. 394.455(47) s.
256 394.455(32), without an involuntary placement proceeding as
257 provided by law.
258 Section 46. Effective July 1, 2016, paragraph (a) of
259 subsection (2) of section 790.065, Florida Statutes, is amended
260 to read:
261 790.065 Sale and delivery of firearms.—
262 (2) Upon receipt of a request for a criminal history record
263 check, the Department of Law Enforcement shall, during the
264 licensee’s call or by return call, forthwith:
265 (a) Review any records available to determine if the
266 potential buyer or transferee:
267 1. Has been convicted of a felony and is prohibited from
268 receipt or possession of a firearm pursuant to s. 790.23;
269 2. Has been convicted of a misdemeanor crime of domestic
270 violence, and therefore is prohibited from purchasing a firearm;
271 3. Has had adjudication of guilt withheld or imposition of
272 sentence suspended on any felony or misdemeanor crime of
273 domestic violence unless 3 years have elapsed since probation or
274 any other conditions set by the court have been fulfilled or
275 expunction has occurred; or
276 4. Has been adjudicated mentally defective or has been
277 committed to a mental institution by a court or as provided in
278 sub-sub-subparagraph b.(II), and as a result is prohibited by
279 state or federal law from purchasing a firearm.
280 a. As used in this subparagraph, “adjudicated mentally
281 defective” means a determination by a court that a person, as a
282 result of marked subnormal intelligence, or mental illness,
283 incompetency, condition, or disease, is a danger to himself or
284 herself or to others or lacks the mental capacity to contract or
285 manage his or her own affairs. The phrase includes a judicial
286 finding of incapacity under s. 744.331(6)(a), an acquittal by
287 reason of insanity of a person charged with a criminal offense,
288 and a judicial finding that a criminal defendant is not
289 competent to stand trial.
290 b. As used in this subparagraph, “committed to a mental
291 institution” means:
292 (I) Involuntary commitment, commitment for mental
293 defectiveness or mental illness, and commitment for substance
294 abuse. The phrase includes involuntary inpatient placement as
295 defined in s. 394.467, involuntary outpatient placement as
296 defined in s. 394.4655, involuntary assessment and stabilization
297 under s. 394.463(2)(g) s. 397.6818, or and involuntary substance
298 abuse treatment under s. 394.463 s. 397.6957, but does not
299 include a person in a mental institution for observation or
300 discharged from a mental institution based upon the initial
301 review by the physician or a voluntary admission to a mental
302 institution; or
303 (II) Notwithstanding sub-sub-subparagraph (I), voluntary
304 admission to a mental institution for outpatient or inpatient
305 treatment of a person who had an involuntary examination under
306 s. 394.463, where each of the following conditions have been
307 met:
308 (A) An examining physician found that the person is an
309 imminent danger to himself or herself or others.
310 (B) The examining physician certified that if the person
311 did not agree to voluntary treatment, a petition for involuntary
312 outpatient or inpatient treatment would have been filed under s.
313 394.463(2)(g) s. 394.463(2)(i)4., or the examining physician
314 certified that a petition was filed and the person subsequently
315 agreed to voluntary treatment prior to a court hearing on the
316 petition.
317 (C) Before agreeing to voluntary treatment, the person
318 received written notice of that finding and certification, and
319 written notice that as a result of such finding, he or she may
320 be prohibited from purchasing a firearm, and may not be eligible
321 to apply for or retain a concealed weapon or firearms license
322 under s. 790.06 and the person acknowledged such notice in
323 writing, in substantially the following form:
324
325 “I understand that the doctor who examined me believes I am
326 a danger to myself or to others. I understand that if I do not
327 agree to voluntary treatment, a petition will be filed in court
328 to require me to receive involuntary treatment. I understand
329 that if that petition is filed, I have the right to contest it.
330 In the event a petition has been filed, I understand that I can
331 subsequently agree to voluntary treatment prior to a court
332 hearing. I understand that by agreeing to voluntary treatment in
333 either of these situations, I may be prohibited from buying
334 firearms and from applying for or retaining a concealed weapons
335 or firearms license until I apply for and receive relief from
336 that restriction under Florida law.”
337
338 (D) A judge or a magistrate has, pursuant to sub-sub
339 subparagraph c.(II), reviewed the record of the finding,
340 certification, notice, and written acknowledgment classifying
341 the person as an imminent danger to himself or herself or
342 others, and ordered that such record be submitted to the
343 department.
344 c. In order to check for these conditions, the department
345 shall compile and maintain an automated database of persons who
346 are prohibited from purchasing a firearm based on court records
347 of adjudications of mental defectiveness or commitments to
348 mental institutions.
349 (I) Except as provided in sub-sub-subparagraph (II), clerks
350 of court shall submit these records to the department within 1
351 month after the rendition of the adjudication or commitment.
352 Reports shall be submitted in an automated format. The reports
353 must, at a minimum, include the name, along with any known alias
354 or former name, the sex, and the date of birth of the subject.
355 (II) For persons committed to a mental institution pursuant
356 to sub-sub-subparagraph b.(II), within 24 hours after the
357 person’s agreement to voluntary admission, a record of the
358 finding, certification, notice, and written acknowledgment must
359 be filed by the administrator of the receiving or treatment
360 facility, as defined in s. 394.455, with the clerk of the court
361 for the county in which the involuntary examination under s.
362 394.463 occurred. No fee shall be charged for the filing under
363 this sub-sub-subparagraph. The clerk must present the records to
364 a judge or magistrate within 24 hours after receipt of the
365 records. A judge or magistrate is required and has the lawful
366 authority to review the records ex parte and, if the judge or
367 magistrate determines that the record supports the classifying
368 of the person as an imminent danger to himself or herself or
369 others, to order that the record be submitted to the department.
370 If a judge or magistrate orders the submittal of the record to
371 the department, the record must be submitted to the department
372 within 24 hours.
373 d. A person who has been adjudicated mentally defective or
374 committed to a mental institution, as those terms are defined in
375 this paragraph, may petition the circuit court that made the
376 adjudication or commitment, or the court that ordered that the
377 record be submitted to the department pursuant to sub-sub
378 subparagraph c.(II), for relief from the firearm disabilities
379 imposed by such adjudication or commitment. A copy of the
380 petition shall be served on the state attorney for the county in
381 which the person was adjudicated or committed. The state
382 attorney may object to and present evidence relevant to the
383 relief sought by the petition. The hearing on the petition may
384 be open or closed as the petitioner may choose. The petitioner
385 may present evidence and subpoena witnesses to appear at the
386 hearing on the petition. The petitioner may confront and cross
387 examine witnesses called by the state attorney. A record of the
388 hearing shall be made by a certified court reporter or by court
389 approved electronic means. The court shall make written findings
390 of fact and conclusions of law on the issues before it and issue
391 a final order. The court shall grant the relief requested in the
392 petition if the court finds, based on the evidence presented
393 with respect to the petitioner’s reputation, the petitioner’s
394 mental health record and, if applicable, criminal history
395 record, the circumstances surrounding the firearm disability,
396 and any other evidence in the record, that the petitioner will
397 not be likely to act in a manner that is dangerous to public
398 safety and that granting the relief would not be contrary to the
399 public interest. If the final order denies relief, the
400 petitioner may not petition again for relief from firearm
401 disabilities until 1 year after the date of the final order. The
402 petitioner may seek judicial review of a final order denying
403 relief in the district court of appeal having jurisdiction over
404 the court that issued the order. The review shall be conducted
405 de novo. Relief from a firearm disability granted under this
406 sub-subparagraph has no effect on the loss of civil rights,
407 including firearm rights, for any reason other than the
408 particular adjudication of mental defectiveness or commitment to
409 a mental institution from which relief is granted.
410 e. Upon receipt of proper notice of relief from firearm
411 disabilities granted under sub-subparagraph d., the department
412 shall delete any mental health record of the person granted
413 relief from the automated database of persons who are prohibited
414 from purchasing a firearm based on court records of
415 adjudications of mental defectiveness or commitments to mental
416 institutions.
417 f. The department is authorized to disclose data collected
418 pursuant to this subparagraph to agencies of the Federal
419 Government and other states for use exclusively in determining
420 the lawfulness of a firearm sale or transfer. The department is
421 also authorized to disclose this data to the Department of
422 Agriculture and Consumer Services for purposes of determining
423 eligibility for issuance of a concealed weapons or concealed
424 firearms license and for determining whether a basis exists for
425 revoking or suspending a previously issued license pursuant to
426 s. 790.06(10). When a potential buyer or transferee appeals a
427 nonapproval based on these records, the clerks of court and
428 mental institutions shall, upon request by the department,
429 provide information to help determine whether the potential
430 buyer or transferee is the same person as the subject of the
431 record. Photographs and any other data that could confirm or
432 negate identity must be made available to the department for
433 such purposes, notwithstanding any other provision of state law
434 to the contrary. Any such information that is made confidential
435 or exempt from disclosure by law shall retain such confidential
436 or exempt status when transferred to the department.
437 Section 47. Effective July 1, 2016, part IV of chapter 397,
438 Florida Statutes, consisting of s. 397.601, Florida Statutes, is
439 repealed.
440 Section 48. Effective July 1, 2016, part V of chapter 397,
441 Florida Statutes, consisting of ss. 397.675-397.6977, Florida
442 Statutes, is repealed.
443 Section 49. For the purpose of incorporating the amendment
444 made by this act to section 394.4599, Florida Statutes, in a
445 reference thereto, subsection (1) of section 394.4685, Florida
446 Statutes, is reenacted to read:
447 394.4685 Transfer of patients among facilities.—
448 (1) TRANSFER BETWEEN PUBLIC FACILITIES.—
449 (a) A patient who has been admitted to a public receiving
450 facility, or the family member, guardian, or guardian advocate
451 of such patient, may request the transfer of the patient to
452 another public receiving facility. A patient who has been
453 admitted to a public treatment facility, or the family member,
454 guardian, or guardian advocate of such patient, may request the
455 transfer of the patient to another public treatment facility.
456 Depending on the medical treatment or mental health treatment
457 needs of the patient and the availability of appropriate
458 facility resources, the patient may be transferred at the
459 discretion of the department. If the department approves the
460 transfer of an involuntary patient, notice according to the
461 provisions of s. 394.4599 shall be given prior to the transfer
462 by the transferring facility. The department shall respond to
463 the request for transfer within 2 working days after receipt of
464 the request by the facility administrator.
465 (b) When required by the medical treatment or mental health
466 treatment needs of the patient or the efficient utilization of a
467 public receiving or public treatment facility, a patient may be
468 transferred from one receiving facility to another, or one
469 treatment facility to another, at the department’s discretion,
470 or, with the express and informed consent of the patient or the
471 patient’s guardian or guardian advocate, to a facility in
472 another state. Notice according to the provisions of s. 394.4599
473 shall be given prior to the transfer by the transferring
474 facility. If prior notice is not possible, notice of the
475 transfer shall be provided as soon as practicable after the
476 transfer.
477 Section 50. For the purpose of incorporating the amendment
478 made by this act to section 394.4599, Florida Statutes, in a
479 reference thereto, subsection (2) of section 394.469, Florida
480 Statutes, is reenacted to read:
481 394.469 Discharge of involuntary patients.—
482 (2) NOTICE.—Notice of discharge or transfer of a patient
483 shall be given as provided in s. 394.4599.
484 Section 51. Except as otherwise expressly provided in this
485 act, this act shall take effect July 1, 2015.
486
487 ================= T I T L E A M E N D M E N T ================
488 And the title is amended as follows:
489 Delete lines 275 - 289
490 and insert:
491 394.496, 394.499, 394.67, 394.674, 394.9085, 397.311,
492 397.702, 397.94, 409.972, 744.704, and 790.065, F.S.;
493 conforming cross-references; repealing ss. 397.601,
494 397.675, 397.6751, 397.6752, 397.6758, 397.6759,
495 397.677, 397.6771, 397.6772, 397.6773, 397.6774,
496 397.6775, 397.679, 397.6791, 397.6793, 397.6795,
497 397.6797, 397.6798, 397.6799, 397.681, 397.6811,
498 397.6814, 397.6815, 397.6818, 397.6819, 397.6821,
499 397.6822, 397.693, 397.695, 397.6951, 397.6955,
500 397.6957, 397.697, 397.6971, 397.6975, and 397.6977,
501 F.S.; reenacting ss. 394.4685(1), and 394.469(2),
502 F.S., to incorporate the amendment made to s.
503 394.4599, F.S., in references thereto; providing
504 effective dates.