Florida Senate - 2019                                     SB 818
       
       
        
       By Senator Book
       
       
       
       
       
       32-00225D-19                                           2019818__
    1                        A bill to be entitled                      
    2         An act relating to mental health; amending s. 27.59,
    3         F.S.; authorizing public defenders and regional
    4         counsel to have access to persons held in a facility
    5         licensed under chapter 394 or chapter 397; amending s.
    6         394.455, F.S.; conforming a cross-reference; defining
    7         the terms “neglect or refuse to care for himself or
    8         herself” and “real and present threat of substantial
    9         harm”; amending s. 394.459, F.S.; requiring that
   10         respondents with a serious mental illness be afforded
   11         essential elements of care and placed in a continuum
   12         of care regimen; requiring the Department of Children
   13         and Families to adopt certain rules; amending s.
   14         394.461, F.S.; authorizing the state to establish that
   15         a transfer evaluation was performed by providing the
   16         court with a copy of the evaluation before the close
   17         of the state’s case in chief; prohibiting the court
   18         from considering substantive information in the
   19         transfer evaluation unless the evaluator testifies at
   20         the hearing; amending s. 394.463, F.S.; revising the
   21         requirements for when a person may be taken to a
   22         receiving facility for involuntary examination;
   23         conforming provisions to changes made by the act;
   24         amending s. 394.4655, F.S.; revising the requirements
   25         for involuntary outpatient treatment; amending s.
   26         394.467, F.S.; revising the requirements for when a
   27         person may be ordered for involuntary inpatient
   28         placement; revising requirements for continuances of
   29         hearings; revising the time period in which a court is
   30         required to hold a hearing on involuntary inpatient
   31         placement; revising the conditions under which a court
   32         may waive the requirement for a patient to be present
   33         at an involuntary inpatient placement hearing;
   34         authorizing the court to permit all witnesses to
   35         remotely attend and testify at the hearing though
   36         certain means; authorizing the state attorney to
   37         access certain persons and records; revising the
   38         period of time a court may require a patient to
   39         receive services; providing an exception to the
   40         prohibition on a court ordering certain individuals to
   41         be involuntarily placed in a state treatment facility;
   42         conforming a cross-reference; amending s. 397.305,
   43         F.S.; revising the purposes of ch. 397, F.S.; amending
   44         s. 397.311, F.S.; defining the terms “involuntary
   45         treatment,” “neglect or refuse to care for himself or
   46         herself,” and “real and present threat of substantial
   47         harm”; amending s. 397.334, F.S.; providing
   48         requirements for holding a minor in contempt of court
   49         in cases that involve a minor violating an involuntary
   50         treatment order; requiring service providers to
   51         prioritize a minor’s placement into treatment under
   52         certain circumstances; creating s. 397.412, F.S.;
   53         authorizing licensed service providers to refuse an
   54         individual’s request to prematurely leave a court
   55         ordered involuntary treatment program under certain
   56         circumstances; requiring certain licensed service
   57         providers to install certain security features and
   58         enact certain policies; specifying the installation of
   59         such security features does not make the treatment
   60         center a secure facility; amending s. 397.501, F.S.;
   61         requiring that respondents with serious substance
   62         abuse addictions be afforded essential elements of
   63         care and placed in a continuum of care regimen;
   64         requiring the department to adopt certain rules;
   65         amending s. 397.675, F.S.; revising the criteria for
   66         involuntary admissions; amending s. 397.6751, F.S.;
   67         revising the responsibilities of a service provider;
   68         amending s. 397.681, F.S.; requiring that the state
   69         attorney represent the state as the real party of
   70         interest in an involuntary proceeding; authorizing the
   71         state attorney to access certain persons and records;
   72         specifying that certain changes are contingent on
   73         legislative funding; conforming provisions to changes
   74         made by the act; repealing s. 397.6811, F.S., relating
   75         to involuntary assessment and stabilization; repealing
   76         s. 397.6814, F.S., relating to petitions for
   77         involuntary assessment and stabilization; repealing s.
   78         397.6815, F.S., relating to involuntary assessment and
   79         stabilization procedures; repealing s. 397.6818, F.S.,
   80         relating to court determinations for petitions for
   81         involuntary assessment and stabilization; repealing s.
   82         397.6819, F.S., relating to the responsibilities of
   83         licensed service providers with regard to involuntary
   84         assessment and stabilization; repealing s. 397.6821,
   85         F.S., relating to extensions of time for completion of
   86         involuntary assessment and stabilization; repealing s.
   87         397.6822, F.S., relating to the disposition of
   88         individuals after involuntary assessments; amending s.
   89         397.693, F.S.; revising the circumstances under which
   90         a person is eligible for court-ordered involuntary
   91         treatment; amending s. 397.695, F.S.; authorizing the
   92         court or clerk of the court to waive or prohibit any
   93         service of process fees for an indigent petitioner;
   94         amending s. 397.6951, F.S.; revising the requirements
   95         for the contents of a petition for involuntary
   96         treatment; providing that a petitioner may include a
   97         certificate or report of a qualified professional with
   98         the petition; requiring the certificate or report to
   99         contain certain information; requiring that certain
  100         additional information must be included if an
  101         emergency exists; amending s. 397.6955, F.S.;
  102         requiring the clerk of the court to notify the state
  103         attorney’s office upon the receipt of a petition filed
  104         for involuntary treatment; revising when a hearing
  105         must be held on the petition; providing requirements
  106         for when a petitioner asserts that emergency
  107         circumstances are present or the court determines that
  108         an emergency exists; amending s. 397.6957, F.S.;
  109         expanding the exemption from the requirement that a
  110         respondent be present at a hearing on a petition for
  111         involuntary treatment; authorizing the court to permit
  112         all witnesses to remotely attend and testify at the
  113         hearing through certain means; deleting a provision
  114         requiring the court to appoint a guardian advocate
  115         under certain circumstances; requiring the court to
  116         give a respondent who was not assessed or had
  117         previously refused to be assessed the opportunity to
  118         consent to a certain examination; requiring that the
  119         court reschedule and continue the hearing to allow for
  120         such examination, if the respondent consents;
  121         requiring that the assessment of a respondent occur
  122         within a specified timeframe; authorizing a service
  123         provider to petition the court for an extension of
  124         time under certain circumstances; authorizing the
  125         court to grant additional time to complete an
  126         evaluation; requiring a qualified professional to
  127         provide copies of his or her report to the court and
  128         all relevant parties and counsel; authorizing certain
  129         entities to take specified actions based upon the
  130         involuntary assessment; authorizing a court or
  131         magistrate to order certain persons to take a
  132         respondent into custody and transport him or her to or
  133         from certain service providers or the court; revising
  134         the petitioner’s burden of proof in the hearing;
  135         authorizing the court to initiate involuntary
  136         proceedings under certain circumstances; requiring
  137         that, if a treatment order is issued, it must include
  138         certain findings; providing that a treatment order may
  139         designate a specific service provider; amending s.
  140         397.697, F.S.; requiring that an individual meet
  141         certain requirements to qualify for involuntary
  142         outpatient treatment; specifying that certain hearings
  143         may be set by the motion of a party or under the
  144         court’s own authority; providing requirements for
  145         holding a minor in contempt of court in cases that
  146         involve a minor violating an involuntary treatment
  147         order; requiring service providers to prioritize a
  148         minor’s placement into treatment under certain
  149         circumstances; specifying that a service provider’s
  150         authority is separate and distinct from the court’s
  151         jurisdiction; amending s. 397.6975, F.S.; requiring
  152         that a petition for renewal of involuntary treatment
  153         be filed before the expiration of the court-ordered
  154         treatment period; authorizing certain entities to file
  155         such a petition; revising the timeframe within which
  156         the court is required to schedule a hearing;
  157         authorizing the court to order additional treatment
  158         under certain circumstances; providing that such
  159         treatment period must be deducted from time granted in
  160         a subsequent extension petition; creating s. 397.6976,
  161         F.S.; authorizing the court to commit certain persons
  162         to inpatient or outpatient treatment, or a combination
  163         thereof, without an assessment, under certain
  164         circumstances; limiting the treatment period to a
  165         specified number of days unless the period is
  166         extended; defining the term “habitual abuser”;
  167         repealing s. 397.6978, F.S., relating to the
  168         appointment of guardian advocates; amending s.
  169         397.706, F.S.; providing requirements for holding a
  170         minor in contempt of court in cases that involve a
  171         minor violating an involuntary treatment order;
  172         requiring service providers to prioritize a minor’s
  173         placement into treatment under certain circumstances;
  174         amending ss. 394.4599, 394.4615, 397.6971, and
  175         397.6977, F.S.; conforming provisions to changes made
  176         by the act; amending ss. 212.055, 394.4598, 394.462,
  177         394.495, 394.496, 394.9085, 397.416, 409.972, 440.102,
  178         464.012, 744.2007, and 790.065, F.S.; conforming
  179         cross-references; providing an effective date.
  180          
  181  Be It Enacted by the Legislature of the State of Florida:
  182  
  183         Section 1. Section 27.59, Florida Statutes, is amended to
  184  read:
  185         27.59 Access to prisoners and patients in mental health or
  186  treatment facilities.—The public defenders, assistant public
  187  defenders, criminal conflict and civil regional counsel, and
  188  assistant regional counsel shall be empowered to inquire of all
  189  persons who are incarcerated in lieu of bond or are held in a
  190  facility licensed under chapter 394 or chapter 397 and to tender
  191  them advice and counsel at any time., but the provisions of This
  192  section does shall not apply with respect to persons who have
  193  engaged private counsel.
  194         Section 2. Present subsections (31) through (38) and (39)
  195  through (48) of section 394.455, Florida Statutes, are
  196  redesignated as subsections (32) through (39) and (41) through
  197  (50), respectively, subsection (22) of that section is amended,
  198  and new subsections (31) and (40) are added to that section, to
  199  read:
  200         394.455 Definitions.—As used in this part, the term:
  201         (22) “Involuntary examination” means an examination
  202  performed under s. 394.463, s. 397.6772, s. 397.679, or s.
  203  397.6798, or s. 397.6811 to determine whether a person qualifies
  204  for involuntary services.
  205         (31) “Neglect or refuse to care for himself or herself”
  206  includes, but is not limited to, evidence that a person:
  207         (a) Is unable to satisfy basic needs for nourishment,
  208  medical care, shelter, or safety in a manner that creates a
  209  substantial probability of imminent death, serious physical
  210  debilitation, or disease;
  211         (b) Is substantially unable to make an informed treatment
  212  choice; or
  213         (c) Needs care or treatment to prevent deterioration.
  214         (40) “Real and present threat of substantial harm”
  215  includes, but is not limited to, evidence of a substantial
  216  probability that the untreated person will:
  217         (a) Lack, refuse, or not receive services for health or
  218  safety; or
  219         (b) Suffer severe mental, emotional, or physical harm that
  220  will result in the loss of ability to function in the community
  221  or the loss of cognitive or volitional control over thoughts or
  222  actions.
  223         Section 3. Subsection (13) is added to section 394.459,
  224  Florida Statutes, to read:
  225         394.459 Rights of patients.—
  226         (13) POST-DISCHARGE RIGHT TO CONTINUUM OF CARE.Upon
  227  discharge, a respondent with a serious mental illness must be
  228  afforded the essential elements of recovery and placed in a
  229  continuum of care regimen. The department shall adopt rules
  230  specifying the services that must be provided to such
  231  respondents and identifying which serious mental illnesses
  232  entitle a respondent to such services.
  233         Section 4. Subsection (2) of section 394.461, Florida
  234  Statutes, is amended to read:
  235         394.461 Designation of receiving and treatment facilities
  236  and receiving systems.—The department is authorized to designate
  237  and monitor receiving facilities, treatment facilities, and
  238  receiving systems and may suspend or withdraw such designation
  239  for failure to comply with this part and rules adopted under
  240  this part. Unless designated by the department, facilities are
  241  not permitted to hold or treat involuntary patients under this
  242  part.
  243         (2) TREATMENT FACILITY.— The department may designate any
  244  state-owned, state-operated, or state-supported facility as a
  245  state treatment facility. A civil patient may shall not be
  246  admitted to a state treatment facility without previously
  247  undergoing a transfer evaluation. Before the close of the
  248  state’s case in chief in a court hearing for involuntary
  249  placement in a state treatment facility, the state may establish
  250  that the transfer evaluation was performed and the document
  251  properly executed by providing the court with a copy of the
  252  transfer evaluation. The court may not shall receive and
  253  consider the substantive information documented in the transfer
  254  evaluation unless the evaluator testifies at the hearing. Any
  255  other facility, including a private facility or a federal
  256  facility, may be designated as a treatment facility by the
  257  department, provided that such designation is agreed to by the
  258  appropriate governing body or authority of the facility.
  259         Section 5. Subsection (1) and paragraphs (g) and (h) of
  260  subsection (2) of section 394.463, Florida Statutes, are amended
  261  to read:
  262         394.463 Involuntary examination.—
  263         (1) CRITERIA.—A person may be taken to a receiving facility
  264  for involuntary examination if there is reason to believe that
  265  the person has a mental illness and because of his or her mental
  266  illness:
  267         (a)1. The person has refused voluntary examination after
  268  conscientious explanation and disclosure of the purpose of the
  269  examination; or
  270         2. The person is unable to determine for himself or herself
  271  whether examination is necessary; and
  272         (b)1. Without care or treatment, the person is likely to
  273  suffer from neglect or refuse to care for himself or herself;
  274  such neglect or refusal poses a real and present threat of
  275  substantial harm to his or her well-being; and it is not
  276  apparent that such harm may be avoided through the help of
  277  willing, able, and responsible family members or friends or the
  278  provision of other services; or
  279         2. There is a substantial likelihood that without care or
  280  treatment the person will cause serious bodily harm to himself
  281  or herself or others in the near future, as evidenced by his or
  282  her recent behavior, actions, or omissions. Such harm includes,
  283  but is not limited to, property damage.
  284         (2) INVOLUNTARY EXAMINATION.—
  285         (g) The examination period must be for up to 72 hours. For
  286  a minor, the examination shall be initiated within 12 hours
  287  after the patient’s arrival at the facility. Within the
  288  examination period or, if the examination period ends on a
  289  weekend or holiday, no later than the next working day
  290  thereafter, one of the following actions must be taken, based on
  291  the individual needs of the patient:
  292         1. The patient shall be released, unless he or she is
  293  charged with a crime, in which case the patient shall be
  294  returned to the custody of a law enforcement officer;
  295         2. The patient shall be released, subject to subparagraph
  296  1., for voluntary outpatient treatment;
  297         3. The patient, unless he or she is charged with a crime,
  298  shall be asked to give express and informed consent to placement
  299  as a voluntary patient and, if such consent is given, the
  300  patient shall be admitted as a voluntary patient; or
  301         4. A petition for involuntary services shall be filed in
  302  the circuit court if inpatient treatment is deemed necessary or
  303  with a the criminal county court, as described in s. 394.4655
  304  defined in s. 394.4655(1), as applicable. When inpatient
  305  treatment is deemed necessary, the least restrictive treatment
  306  consistent with the optimum improvement of the patient’s
  307  condition shall be made available. The petition When a petition
  308  is to be filed for involuntary outpatient placement, it shall be
  309  filed by one of the petitioners specified in s. 394.4655(4)(a).
  310  A petition for involuntary inpatient placement shall be filed by
  311  the facility administrator.
  312         (h) A person for whom an involuntary examination has been
  313  initiated who is being evaluated or treated at a hospital for an
  314  emergency medical condition specified in s. 395.002 must be
  315  examined by a facility within the examination period specified
  316  in paragraph (g). The examination period begins when the patient
  317  arrives at the hospital and ceases when the attending physician
  318  documents that the patient has an emergency medical condition.
  319  If the patient is examined at a hospital providing emergency
  320  medical services by a professional qualified to perform an
  321  involuntary examination and is found as a result of that
  322  examination not to meet the criteria for involuntary outpatient
  323  services pursuant to s. 394.4655 s. 394.4655(2) or involuntary
  324  inpatient placement pursuant to s. 394.467(1), the patient may
  325  be offered voluntary services or placement, if appropriate, or
  326  released directly from the hospital providing emergency medical
  327  services. The finding by the professional that the patient has
  328  been examined and does not meet the criteria for involuntary
  329  inpatient services or involuntary outpatient placement must be
  330  entered into the patient’s clinical record. This paragraph is
  331  not intended to prevent a hospital providing emergency medical
  332  services from appropriately transferring a patient to another
  333  hospital before stabilization if the requirements of s.
  334  395.1041(3)(c) have been met.
  335         Section 6. Section 394.4655, Florida Statutes, is amended
  336  to read:
  337         394.4655 Involuntary outpatient services.—
  338         (1)(a) In lieu of inpatient treatment, the court may order
  339  a respondent into outpatient treatment for up to 6 months if,
  340  during a hearing under s. 394.467, it is established that the
  341  respondent meets involuntary placement criteria and has been
  342  involuntarily ordered into inpatient treatment under this
  343  chapter at least twice during the last 36 months, the outpatient
  344  treatment is provided in the county in which the respondent
  345  resides, and the respondent’s treating physician certifies,
  346  within a reasonable degree of medical probability, that the
  347  respondent:
  348         1. Can be more appropriately treated on an outpatient
  349  basis;
  350         2. Can follow a prescribed treatment plan; and
  351         3. Is not likely become dangerous, suffer more serious harm
  352  or illness, or further deteriorate if such plan is followed.
  353         (b) For the duration of his or her treatment, the
  354  respondent must be supervised by a willing, able, and
  355  responsible friend, family member, social worker, case manager
  356  of a licensed service provider, guardian, or guardian advocate.
  357  Such supervisor must inform the court, state attorney, and
  358  public defender of any failure by the respondent to comply with
  359  his or her outpatient program.
  360         (2)As the circumstances may require, the court shall
  361  retain jurisdiction over the case and parties for the entry of
  362  such further orders after a hearing.
  363         (3) A criminal county court exercising its original
  364  jurisdiction in a misdemeanor case under s. 34.01 may also order
  365  a person into involuntary outpatient services.
  366         (1) DEFINITIONS.—As used in this section, the term:
  367         (a) “Court” means a circuit court or a criminal county
  368  court.
  369         (b) “Criminal county court” means a county court exercising
  370  its original jurisdiction in a misdemeanor case under s. 34.01.
  371         (2) CRITERIA FOR INVOLUNTARY OUTPATIENT SERVICES.—A person
  372  may be ordered to involuntary outpatient services upon a finding
  373  of the court, by clear and convincing evidence, that the person
  374  meets all of the following criteria:
  375         (a) The person is 18 years of age or older.
  376         (b) The person has a mental illness.
  377         (c) The person is unlikely to survive safely in the
  378  community without supervision, based on a clinical
  379  determination.
  380         (d) The person has a history of lack of compliance with
  381  treatment for mental illness.
  382         (e) The person has:
  383         1. At least twice within the immediately preceding 36
  384  months been involuntarily admitted to a receiving or treatment
  385  facility as defined in s. 394.455, or has received mental health
  386  services in a forensic or correctional facility. The 36-month
  387  period does not include any period during which the person was
  388  admitted or incarcerated; or
  389         2. Engaged in one or more acts of serious violent behavior
  390  toward self or others, or attempts at serious bodily harm to
  391  himself or herself or others, within the preceding 36 months.
  392         (f) The person is, as a result of his or her mental
  393  illness, unlikely to voluntarily participate in the recommended
  394  treatment plan and has refused voluntary services for treatment
  395  after sufficient and conscientious explanation and disclosure of
  396  why the services are necessary or is unable to determine for
  397  himself or herself whether services are necessary.
  398         (g) In view of the person’s treatment history and current
  399  behavior, the person is in need of involuntary outpatient
  400  services in order to prevent a relapse or deterioration that
  401  would be likely to result in serious bodily harm to himself or
  402  herself or others, or a substantial harm to his or her well
  403  being as set forth in s. 394.463(1).
  404         (h) It is likely that the person will benefit from
  405  involuntary outpatient services.
  406         (i) All available, less restrictive alternatives that would
  407  offer an opportunity for improvement of his or her condition
  408  have been judged to be inappropriate or unavailable.
  409         (3) INVOLUNTARY OUTPATIENT SERVICES.—
  410         (a)1. A patient who is being recommended for involuntary
  411  outpatient services by the administrator of the facility where
  412  the patient has been examined may be retained by the facility
  413  after adherence to the notice procedures provided in s.
  414  394.4599. The recommendation must be supported by the opinion of
  415  a psychiatrist and the second opinion of a clinical psychologist
  416  or another psychiatrist, both of whom have personally examined
  417  the patient within the preceding 72 hours, that the criteria for
  418  involuntary outpatient services are met. However, if the
  419  administrator certifies that a psychiatrist or clinical
  420  psychologist is not available to provide the second opinion, the
  421  second opinion may be provided by a licensed physician who has
  422  postgraduate training and experience in diagnosis and treatment
  423  of mental illness, a physician assistant who has at least 3
  424  years’ experience and is supervised by such licensed physician
  425  or a psychiatrist, a clinical social worker, or by a psychiatric
  426  nurse. Any second opinion authorized in this subparagraph may be
  427  conducted through a face-to-face examination, in person or by
  428  electronic means. Such recommendation must be entered on an
  429  involuntary outpatient services certificate that authorizes the
  430  facility to retain the patient pending completion of a hearing.
  431  The certificate must be made a part of the patient’s clinical
  432  record.
  433         2. If the patient has been stabilized and no longer meets
  434  the criteria for involuntary examination pursuant to s.
  435  394.463(1), the patient must be released from the facility while
  436  awaiting the hearing for involuntary outpatient services. Before
  437  filing a petition for involuntary outpatient services, the
  438  administrator of the facility or a designated department
  439  representative must identify the service provider that will have
  440  primary responsibility for service provision under an order for
  441  involuntary outpatient services, unless the person is otherwise
  442  participating in outpatient psychiatric treatment and is not in
  443  need of public financing for that treatment, in which case the
  444  individual, if eligible, may be ordered to involuntary treatment
  445  pursuant to the existing psychiatric treatment relationship.
  446         3. The service provider shall prepare a written proposed
  447  treatment plan in consultation with the patient or the patient’s
  448  guardian advocate, if appointed, for the court’s consideration
  449  for inclusion in the involuntary outpatient services order that
  450  addresses the nature and extent of the mental illness and any
  451  co-occurring substance use disorder that necessitate involuntary
  452  outpatient services. The treatment plan must specify the likely
  453  level of care, including the use of medication, and anticipated
  454  discharge criteria for terminating involuntary outpatient
  455  services. Service providers may select and supervise other
  456  individuals to implement specific aspects of the treatment plan.
  457  The services in the plan must be deemed clinically appropriate
  458  by a physician, clinical psychologist, psychiatric nurse, mental
  459  health counselor, marriage and family therapist, or clinical
  460  social worker who consults with, or is employed or contracted
  461  by, the service provider. The service provider must certify to
  462  the court in the proposed plan whether sufficient services for
  463  improvement and stabilization are currently available and
  464  whether the service provider agrees to provide those services.
  465  If the service provider certifies that the services in the
  466  proposed treatment plan are not available, the petitioner may
  467  not file the petition. The service provider must notify the
  468  managing entity if the requested services are not available. The
  469  managing entity must document such efforts to obtain the
  470  requested services.
  471         (b) If a patient in involuntary inpatient placement meets
  472  the criteria for involuntary outpatient services, the
  473  administrator of the facility may, before the expiration of the
  474  period during which the facility is authorized to retain the
  475  patient, recommend involuntary outpatient services. The
  476  recommendation must be supported by the opinion of a
  477  psychiatrist and the second opinion of a clinical psychologist
  478  or another psychiatrist, both of whom have personally examined
  479  the patient within the preceding 72 hours, that the criteria for
  480  involuntary outpatient services are met. However, if the
  481  administrator certifies that a psychiatrist or clinical
  482  psychologist is not available to provide the second opinion, the
  483  second opinion may be provided by a licensed physician who has
  484  postgraduate training and experience in diagnosis and treatment
  485  of mental illness, a physician assistant who has at least 3
  486  years’ experience and is supervised by such licensed physician
  487  or a psychiatrist, a clinical social worker, or by a psychiatric
  488  nurse. Any second opinion authorized in this subparagraph may be
  489  conducted through a face-to-face examination, in person or by
  490  electronic means. Such recommendation must be entered on an
  491  involuntary outpatient services certificate, and the certificate
  492  must be made a part of the patient’s clinical record.
  493         (c)1. The administrator of the treatment facility shall
  494  provide a copy of the involuntary outpatient services
  495  certificate and a copy of the state mental health discharge form
  496  to the managing entity in the county where the patient will be
  497  residing. For persons who are leaving a state mental health
  498  treatment facility, the petition for involuntary outpatient
  499  services must be filed in the county where the patient will be
  500  residing.
  501         2. The service provider that will have primary
  502  responsibility for service provision shall be identified by the
  503  designated department representative before the order for
  504  involuntary outpatient services and must, before filing a
  505  petition for involuntary outpatient services, certify to the
  506  court whether the services recommended in the patient’s
  507  discharge plan are available and whether the service provider
  508  agrees to provide those services. The service provider must
  509  develop with the patient, or the patient’s guardian advocate, if
  510  appointed, a treatment or service plan that addresses the needs
  511  identified in the discharge plan. The plan must be deemed to be
  512  clinically appropriate by a physician, clinical psychologist,
  513  psychiatric nurse, mental health counselor, marriage and family
  514  therapist, or clinical social worker, as defined in this
  515  chapter, who consults with, or is employed or contracted by, the
  516  service provider.
  517         3. If the service provider certifies that the services in
  518  the proposed treatment or service plan are not available, the
  519  petitioner may not file the petition. The service provider must
  520  notify the managing entity if the requested services are not
  521  available. The managing entity must document such efforts to
  522  obtain the requested services.
  523         (4) PETITION FOR INVOLUNTARY OUTPATIENT SERVICES.—
  524         (a) A petition for involuntary outpatient services may be
  525  filed by:
  526         1. The administrator of a receiving facility; or
  527         2. The administrator of a treatment facility.
  528         (b) Each required criterion for involuntary outpatient
  529  services must be alleged and substantiated in the petition for
  530  involuntary outpatient services. A copy of the certificate
  531  recommending involuntary outpatient services completed by a
  532  qualified professional specified in subsection (3) must be
  533  attached to the petition. A copy of the proposed treatment plan
  534  must be attached to the petition. Before the petition is filed,
  535  the service provider shall certify that the services in the
  536  proposed plan are available. If the necessary services are not
  537  available, the petition may not be filed. The service provider
  538  must notify the managing entity if the requested services are
  539  not available. The managing entity must document such efforts to
  540  obtain the requested services.
  541         (c) The petition for involuntary outpatient services must
  542  be filed in the county where the patient is located, unless the
  543  patient is being placed from a state treatment facility, in
  544  which case the petition must be filed in the county where the
  545  patient will reside. When the petition has been filed, the clerk
  546  of the court shall provide copies of the petition and the
  547  proposed treatment plan to the department, the managing entity,
  548  the patient, the patient’s guardian or representative, the state
  549  attorney, and the public defender or the patient’s private
  550  counsel. A fee may not be charged for filing a petition under
  551  this subsection.
  552         (5) APPOINTMENT OF COUNSEL.—Within 1 court working day
  553  after the filing of a petition for involuntary outpatient
  554  services, the court shall appoint the public defender to
  555  represent the person who is the subject of the petition, unless
  556  the person is otherwise represented by counsel. The clerk of the
  557  court shall immediately notify the public defender of the
  558  appointment. The public defender shall represent the person
  559  until the petition is dismissed, the court order expires, or the
  560  patient is discharged from involuntary outpatient services. An
  561  attorney who represents the patient must be provided access to
  562  the patient, witnesses, and records relevant to the presentation
  563  of the patient’s case and shall represent the interests of the
  564  patient, regardless of the source of payment to the attorney.
  565         (6) CONTINUANCE OF HEARING.—The patient is entitled, with
  566  the concurrence of the patient’s counsel, to at least one
  567  continuance of the hearing. The continuance shall be for a
  568  period of up to 4 weeks.
  569         (7) HEARING ON INVOLUNTARY OUTPATIENT SERVICES.—
  570         (a)1. The court shall hold the hearing on involuntary
  571  outpatient services within 5 working days after the filing of
  572  the petition, unless a continuance is granted. The hearing must
  573  be held in the county where the petition is filed, must be as
  574  convenient to the patient as is consistent with orderly
  575  procedure, and must be conducted in physical settings not likely
  576  to be injurious to the patient’s condition. If the court finds
  577  that the patient’s attendance at the hearing is not consistent
  578  with the best interests of the patient and if the patient’s
  579  counsel does not object, the court may waive the presence of the
  580  patient from all or any portion of the hearing. The state
  581  attorney for the circuit in which the patient is located shall
  582  represent the state, rather than the petitioner, as the real
  583  party in interest in the proceeding.
  584         2. The court may appoint a magistrate to preside at the
  585  hearing. One of the professionals who executed the involuntary
  586  outpatient services certificate shall be a witness. The patient
  587  and the patient’s guardian or representative shall be informed
  588  by the court of the right to an independent expert examination.
  589  If the patient cannot afford such an examination, the court
  590  shall ensure that one is provided, as otherwise provided by law.
  591  The independent expert’s report is confidential and not
  592  discoverable, unless the expert is to be called as a witness for
  593  the patient at the hearing. The court shall allow testimony from
  594  individuals, including family members, deemed by the court to be
  595  relevant under state law, regarding the person’s prior history
  596  and how that prior history relates to the person’s current
  597  condition. The testimony in the hearing must be given under
  598  oath, and the proceedings must be recorded. The patient may
  599  refuse to testify at the hearing.
  600         (b)1. If the court concludes that the patient meets the
  601  criteria for involuntary outpatient services pursuant to
  602  subsection (2), the court shall issue an order for involuntary
  603  outpatient services. The court order shall be for a period of up
  604  to 90 days. The order must specify the nature and extent of the
  605  patient’s mental illness. The order of the court and the
  606  treatment plan must be made part of the patient’s clinical
  607  record. The service provider shall discharge a patient from
  608  involuntary outpatient services when the order expires or any
  609  time the patient no longer meets the criteria for involuntary
  610  placement. Upon discharge, the service provider shall send a
  611  certificate of discharge to the court.
  612         2. The court may not order the department or the service
  613  provider to provide services if the program or service is not
  614  available in the patient’s local community, if there is no space
  615  available in the program or service for the patient, or if
  616  funding is not available for the program or service. The service
  617  provider must notify the managing entity if the requested
  618  services are not available. The managing entity must document
  619  such efforts to obtain the requested services. A copy of the
  620  order must be sent to the managing entity by the service
  621  provider within 1 working day after it is received from the
  622  court. The order may be submitted electronically through
  623  existing data systems. After the order for involuntary services
  624  is issued, the service provider and the patient may modify the
  625  treatment plan. For any material modification of the treatment
  626  plan to which the patient or, if one is appointed, the patient’s
  627  guardian advocate agrees, the service provider shall send notice
  628  of the modification to the court. Any material modifications of
  629  the treatment plan which are contested by the patient or the
  630  patient’s guardian advocate, if applicable, must be approved or
  631  disapproved by the court consistent with subsection (3).
  632         3. If, in the clinical judgment of a physician, the patient
  633  has failed or has refused to comply with the treatment ordered
  634  by the court, and, in the clinical judgment of the physician,
  635  efforts were made to solicit compliance and the patient may meet
  636  the criteria for involuntary examination, a person may be
  637  brought to a receiving facility pursuant to s. 394.463. If,
  638  after examination, the patient does not meet the criteria for
  639  involuntary inpatient placement pursuant to s. 394.467, the
  640  patient must be discharged from the facility. The involuntary
  641  outpatient services order shall remain in effect unless the
  642  service provider determines that the patient no longer meets the
  643  criteria for involuntary outpatient services or until the order
  644  expires. The service provider must determine whether
  645  modifications should be made to the existing treatment plan and
  646  must attempt to continue to engage the patient in treatment. For
  647  any material modification of the treatment plan to which the
  648  patient or the patient’s guardian advocate, if applicable,
  649  agrees, the service provider shall send notice of the
  650  modification to the court. Any material modifications of the
  651  treatment plan which are contested by the patient or the
  652  patient’s guardian advocate, if applicable, must be approved or
  653  disapproved by the court consistent with subsection (3).
  654         (c) If, at any time before the conclusion of the initial
  655  hearing on involuntary outpatient services, it appears to the
  656  court that the person does not meet the criteria for involuntary
  657  outpatient services under this section but, instead, meets the
  658  criteria for involuntary inpatient placement, the court may
  659  order the person admitted for involuntary inpatient examination
  660  under s. 394.463. If the person instead meets the criteria for
  661  involuntary assessment, protective custody, or involuntary
  662  admission pursuant to s. 397.675, the court may order the person
  663  to be admitted for involuntary assessment for a period of 5 days
  664  pursuant to s. 397.6811. Thereafter, all proceedings are
  665  governed by chapter 397.
  666         (d) At the hearing on involuntary outpatient services, the
  667  court shall consider testimony and evidence regarding the
  668  patient’s competence to consent to services. If the court finds
  669  that the patient is incompetent to consent to treatment, it
  670  shall appoint a guardian advocate as provided in s. 394.4598.
  671  The guardian advocate shall be appointed or discharged in
  672  accordance with s. 394.4598.
  673         (e) The administrator of the receiving facility or the
  674  designated department representative shall provide a copy of the
  675  court order and adequate documentation of a patient’s mental
  676  illness to the service provider for involuntary outpatient
  677  services. Such documentation must include any advance directives
  678  made by the patient, a psychiatric evaluation of the patient,
  679  and any evaluations of the patient performed by a psychologist
  680  or a clinical social worker.
  681         (8) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
  682  SERVICES.—
  683         (a)1. If the person continues to meet the criteria for
  684  involuntary outpatient services, the service provider shall, at
  685  least 10 days before the expiration of the period during which
  686  the treatment is ordered for the person, file in the court that
  687  issued the order for involuntary outpatient services a petition
  688  for continued involuntary outpatient services. The court shall
  689  immediately schedule a hearing on the petition to be held within
  690  15 days after the petition is filed.
  691         2. The existing involuntary outpatient services order
  692  remains in effect until disposition on the petition for
  693  continued involuntary outpatient services.
  694         3. A certificate shall be attached to the petition which
  695  includes a statement from the person’s physician or clinical
  696  psychologist justifying the request, a brief description of the
  697  patient’s treatment during the time he or she was receiving
  698  involuntary services, and an individualized plan of continued
  699  treatment.
  700         4. The service provider shall develop the individualized
  701  plan of continued treatment in consultation with the patient or
  702  the patient’s guardian advocate, if applicable. When the
  703  petition has been filed, the clerk of the court shall provide
  704  copies of the certificate and the individualized plan of
  705  continued services to the department, the patient, the patient’s
  706  guardian advocate, the state attorney, and the patient’s private
  707  counsel or the public defender.
  708         (b) Within 1 court working day after the filing of a
  709  petition for continued involuntary outpatient services, the
  710  court shall appoint the public defender to represent the person
  711  who is the subject of the petition, unless the person is
  712  otherwise represented by counsel. The clerk of the court shall
  713  immediately notify the public defender of such appointment. The
  714  public defender shall represent the person until the petition is
  715  dismissed or the court order expires or the patient is
  716  discharged from involuntary outpatient services. Any attorney
  717  representing the patient shall have access to the patient,
  718  witnesses, and records relevant to the presentation of the
  719  patient’s case and shall represent the interests of the patient,
  720  regardless of the source of payment to the attorney.
  721         (c) Hearings on petitions for continued involuntary
  722  outpatient services must be before the court that issued the
  723  order for involuntary outpatient services. The court may appoint
  724  a magistrate to preside at the hearing. The procedures for
  725  obtaining an order pursuant to this paragraph must meet the
  726  requirements of subsection (7), except that the time period
  727  included in paragraph (2)(e) is not applicable in determining
  728  the appropriateness of additional periods of involuntary
  729  outpatient placement.
  730         (d) Notice of the hearing must be provided as set forth in
  731  s. 394.4599. The patient and the patient’s attorney may agree to
  732  a period of continued outpatient services without a court
  733  hearing.
  734         (e) The same procedure must be repeated before the
  735  expiration of each additional period the patient is placed in
  736  treatment.
  737         (f) If the patient has previously been found incompetent to
  738  consent to treatment, the court shall consider testimony and
  739  evidence regarding the patient’s competence. Section 394.4598
  740  governs the discharge of the guardian advocate if the patient’s
  741  competency to consent to treatment has been restored.
  742         Section 7. Subsections (1) and (5) and paragraphs (a), (b),
  743  and (c) of subsection (6) of section 394.467, Florida Statutes,
  744  are amended to read:
  745         394.467 Involuntary inpatient placement.—
  746         (1) CRITERIA.—A person may be ordered for involuntary
  747  inpatient placement for treatment upon a finding of the court by
  748  clear and convincing evidence that:
  749         (a) He or she has a mental illness and because of his or
  750  her mental illness:
  751         1.a. He or she has refused voluntary inpatient placement
  752  for treatment after sufficient and conscientious explanation and
  753  disclosure of the purpose of inpatient placement for treatment;
  754  or
  755         b. He or she is unable to determine for himself or herself
  756  whether inpatient placement is necessary; and
  757         2.a. He or she is incapable of surviving alone or with the
  758  help of willing, able, and responsible family or friends,
  759  including available alternative services, and, without
  760  treatment, is likely to suffer from neglect or refuse to care
  761  for himself or herself, and such neglect or refusal poses a real
  762  and present threat of substantial harm to his or her well-being;
  763  or
  764         b. There is substantial likelihood that in the near future
  765  he or she will inflict serious bodily harm to on self or others,
  766  which includes property damage, as evidenced by acts, omissions,
  767  or recent behavior causing, attempting, or threatening such
  768  harm; and
  769         (b) All available less restrictive treatment alternatives
  770  that would offer an opportunity for improvement of his or her
  771  condition have been judged to be inappropriate.
  772         (5) CONTINUANCE OF HEARING.—The patient and the state are
  773  independently entitled is entitled, with the concurrence of the
  774  patient’s counsel, to at least one continuance of the hearing.
  775  The patient’s continuance may be for a period of for up to 4
  776  weeks and requires the concurrence of his or her counsel. The
  777  state’s continuance may be for a period of up to 7 court working
  778  days and requires a showing of good cause and due diligence by
  779  the state before requesting the continuance. The state’s failure
  780  to timely review any readily available document or failure to
  781  attempt to contact a known witness does not warrant a
  782  continuance.
  783         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
  784         (a)1. The court shall hold the hearing on involuntary
  785  inpatient placement within 7 5 court working days, unless a
  786  continuance is granted.
  787         2. Except for good cause documented in the court file, the
  788  hearing must be held in the county or the facility, as
  789  appropriate, where the patient is located, must be as convenient
  790  to the patient as is consistent with orderly procedure, and
  791  shall be conducted in physical settings not likely to be
  792  injurious to the patient’s condition. If the court finds that
  793  the patient’s attendance at the hearing is not consistent with
  794  the best interests of the patient or is likely injurious to the
  795  patient, or the patient knowingly, intelligently, and
  796  voluntarily waives his or her right to be present, and the
  797  patient’s counsel does not object, the court may waive the
  798  presence of the patient from all or any portion of the hearing.
  799  Absent a showing of good cause, the court may permit all
  800  witnesses, including, but not limited to, any medical
  801  professionals or personnel who are or have been involved with
  802  the patient’s treatment, to remotely attend and testify at the
  803  hearing under oath via the most appropriate and convenient
  804  technological method of communication available to the court,
  805  including, but not limited to, teleconference. The state
  806  attorney for the circuit in which the patient is located shall
  807  represent the state, rather than the petitioning facility
  808  administrator, as the real party in interest in the proceeding.
  809  In preparing its case, the state attorney may access, by
  810  subpoena if necessary, the patient, witnesses, and records that
  811  are relevant to the state’s case. Such records include, but are
  812  not limited to, any social media, school records, and reports
  813  documenting contact the patient may have had with law
  814  enforcement officers or other state agencies.
  815         3. The court may appoint a magistrate to preside at the
  816  hearing. One of the professionals who executed the petition for
  817  involuntary inpatient placement certificate shall be a witness.
  818  The patient and the patient’s guardian or representative shall
  819  be informed by the court of the right to an independent expert
  820  examination. If the patient cannot afford such an examination,
  821  the court shall ensure that one is provided, as otherwise
  822  provided for by law. The independent expert’s report is
  823  confidential and not discoverable, unless the expert is to be
  824  called as a witness for the patient at the hearing. The
  825  testimony in the hearing must be given under oath, and the
  826  proceedings must be recorded. The patient may refuse to testify
  827  at the hearing.
  828         (b) If the court concludes that the patient meets the
  829  criteria for involuntary inpatient placement, it may order that
  830  the patient be transferred to a treatment facility or, if the
  831  patient is at a treatment facility, that the patient be retained
  832  there or be treated at any other appropriate facility, or that
  833  the patient receive services, on an involuntary basis, for up to
  834  90 days. However, any order for involuntary mental health
  835  services in a treatment facility may be for up to 6 months. The
  836  order shall specify the nature and extent of the patient’s
  837  mental illness. The court may not order an individual with
  838  traumatic brain injury or dementia who lacks a co-occurring
  839  mental illness to be involuntarily placed in a state treatment
  840  facility unless evaluations such as, but not limited to, the
  841  Glasgow Outcome Scale or the Rancho Los Amigos Levels of
  842  Cognitive Functioning Scale show that such individuals may
  843  benefit from behavioral health treatment. Such individuals must
  844  be referred to the Agency for Persons with Disabilities or the
  845  Department of Elderly Affairs for further evaluation and
  846  placement in a medical rehabilitation facility or supportive
  847  residential placement that addresses their individual needs. The
  848  facility shall discharge a patient any time the patient no
  849  longer meets the criteria for involuntary inpatient placement,
  850  unless the patient has transferred to voluntary status.
  851         (c) If at any time before the conclusion of the hearing on
  852  involuntary inpatient placement it appears to the court that the
  853  person does not meet the criteria for involuntary inpatient
  854  placement under this section, but instead meets the criteria for
  855  involuntary outpatient services, the court may order the person
  856  into evaluated for involuntary outpatient services if the
  857  requirements of s. 394.4655 are met pursuant to s. 394.4655. The
  858  petition and hearing procedures set forth in s. 394.4655 shall
  859  apply. If the person instead meets the criteria for involuntary
  860  assessment, protective custody, or involuntary admission
  861  pursuant to s. 397.675, then the court may order the person to
  862  be admitted for involuntary assessment for a period of 5 days
  863  pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings
  864  are governed by chapter 397.
  865         Section 8. Subsection (3) of section 397.305, Florida
  866  Statutes, is amended to read:
  867         397.305 Legislative findings, intent, and purpose.—
  868         (3) It is the purpose of this chapter to provide for a
  869  comprehensive continuum of accessible and quality substance
  870  abuse prevention, intervention, clinical treatment, and recovery
  871  support services in the most appropriate and least restrictive
  872  environment which promotes long-term recovery while protecting
  873  and respecting the rights of individuals, primarily through
  874  community-based private not-for-profit providers working with
  875  local governmental programs involving a wide range of agencies
  876  from both the public and private sectors.
  877         Section 9. Present subsections (29) through (35) and (36)
  878  through (49) of section 397.311, Florida Statutes, are
  879  redesignated as subsections (30) through (36) and (38) through
  880  (51), respectively, subsection (23) of that section is amended,
  881  and new subsections (29) and (37) are added to that section, to
  882  read:
  883         397.311 Definitions.—As used in this chapter, except part
  884  VIII, the term:
  885         (23) “Involuntary treatment services” means an array of
  886  behavioral health services that may be ordered by the court for
  887  persons with substance abuse impairment or co-occurring
  888  substance abuse impairment and mental health disorders.
  889         (29) “Neglect or refuse to care for himself or herself”
  890  includes, but is not limited to, evidence that a person:
  891         (a) Is unable to satisfy basic needs for nourishment,
  892  medical care, shelter, or safety in a manner that creates a
  893  substantial probability of imminent death, serious physical
  894  debilitation, or disease;
  895         (b) Is substantially unable to make an informed treatment
  896  choice; or
  897         (c) Needs care or treatment to prevent deterioration.
  898         (37) “Real and present threat of substantial harm”
  899  includes, but is not limited to, evidence of a substantial
  900  probability that the untreated person will:
  901         (a) Lack, refuse, or not receive services for health or
  902  safety; or
  903         (b) Suffer severe mental, emotional, or physical harm that
  904  will result in the loss of ability to function in the community
  905  or the loss of cognitive or volitional control over thoughts or
  906  actions.
  907         Section 10. Subsection (5) of section 397.334, Florida
  908  Statutes, is amended to read:
  909         397.334 Treatment-based drug court programs.—
  910         (5) Treatment-based drug court programs may include
  911  pretrial intervention programs as provided in ss. 948.08,
  912  948.16, and 985.345, treatment-based drug court programs
  913  authorized in chapter 39, postadjudicatory programs as provided
  914  in ss. 948.01, 948.06, and 948.20, and review of the status of
  915  compliance or noncompliance of sentenced offenders through a
  916  treatment-based drug court program. While enrolled in a
  917  treatment-based drug court program, the participant is subject
  918  to a coordinated strategy developed by a drug court team under
  919  subsection (4). The coordinated strategy must be provided in
  920  writing to the participant before the participant agrees to
  921  enter into a treatment-based drug court program. The coordinated
  922  strategy may include a protocol of sanctions that may be imposed
  923  upon the participant for noncompliance with program rules. The
  924  protocol of sanctions may include, but is not limited to,
  925  placement in a substance abuse treatment program offered by a
  926  licensed service provider as defined in s. 397.311 or in a jail
  927  based treatment program or serving a period of secure detention
  928  under chapter 985 if a child or a period of incarceration within
  929  the time limits established for contempt of court if an adult.
  930  In cases involving minors violating an involuntary treatment
  931  order, the court’s civil contempt powers are exempt from the
  932  time limitations of chapters 984 and 985 and the court may
  933  instead hold the minor in contempt for the same amount of time
  934  as their court-ordered treatment, provided that the court
  935  clearly informs the minor that he or she can immediately purge
  936  the contempt finding by complying with the treatment order.
  937  Should this contempt order result in incarceration, the court
  938  must hold a status conference every 2 to 4 weeks to assess the
  939  minor’s well-being and inquire into whether he or she will go
  940  to, and remain in, treatment. If the incarcerated minor agrees
  941  to comply with the court’s involuntary treatment order, service
  942  providers must prioritize his or her placement into treatment
  943  The coordinated strategy must be provided in writing to the
  944  participant before the participant agrees to enter into a
  945  treatment-based drug court program.
  946         Section 11. Section 397.412, Florida Statutes, is created
  947  to read:
  948         397.412 Ability to hold involuntarily committed persons.—
  949         (1) Unless presented with a court order releasing a person
  950  from care, all service providers licensed under this chapter may
  951  refuse an individual’s request to prematurely leave his or her
  952  court-ordered involuntary treatment program provided that all of
  953  the following criteria are met:
  954         (a) Said individual still meets the involuntary treatment
  955  criteria.
  956         (b) There are no available, lesser restrictive means of
  957  care that adequately address the person’s needs. Facilities must
  958  notify the court and all relevant parties in writing if an
  959  individual is released.
  960         (2) Notwithstanding this chapter or any state
  961  administrative rule, all service providers licensed to provide
  962  residential treatment under this chapter must install the
  963  necessary security features in their facilities to safely
  964  prevent the premature departure of their involuntary patients
  965  and must enact policies that enable the differentiation of
  966  voluntary and involuntary patients at the facility. The
  967  installation of such security features does not make the
  968  treatment center a secure facility and does not require the
  969  treatment center to comply with any other law or regulation
  970  governing secured facilities.
  971         Section 12. Subsection (11) is added to section 397.501,
  972  Florida Statutes, to read:
  973         397.501 Rights of individuals.—Individuals receiving
  974  substance abuse services from any service provider are
  975  guaranteed protection of the rights specified in this section,
  976  unless otherwise expressly provided, and service providers must
  977  ensure the protection of such rights.
  978         (11) POST-DISCHARGE RIGHT TO CONTINUUM OF CARE.Upon
  979  discharge, a respondent with a serious substance abuse addiction
  980  must be afforded the essential elements of recovery and placed
  981  in a continuum of care regimen. The department shall adopt rules
  982  specifying the services that must be provided to such
  983  respondents and identifying which substance abuse addictions
  984  entitle a respondent to such services.
  985         Section 13. Subsection (2) of section 397.675, Florida
  986  Statutes, is amended to read:
  987         397.675 Criteria for involuntary admissions, including
  988  protective custody, emergency admission, and other involuntary
  989  assessment, involuntary treatment, and alternative involuntary
  990  assessment for minors, for purposes of assessment and
  991  stabilization, and for involuntary treatment.—A person meets the
  992  criteria for involuntary admission if there is good faith reason
  993  to believe that the person is substance abuse impaired or has a
  994  co-occurring mental health disorder and, because of such
  995  impairment or disorder:
  996         (2)(a) Is in need of substance abuse services and, by
  997  reason of substance abuse impairment, his or her judgment has
  998  been so impaired that he or she is incapable of appreciating his
  999  or her need for such services and of making a rational decision
 1000  in that regard, although mere refusal to receive such services
 1001  does not constitute evidence of lack of judgment with respect to
 1002  his or her need for such services; or
 1003         (b) Without care or treatment, is likely to suffer from
 1004  neglect or refuse to care for himself or herself; that such
 1005  neglect or refusal poses a real and present threat of
 1006  substantial harm to his or her well-being; and that it is not
 1007  apparent that such harm may be avoided through the help of
 1008  willing, able, and responsible family members or friends or the
 1009  provision of other services;, or
 1010         (c) There is substantial likelihood that the person has
 1011  inflicted, or threatened to or attempted to inflict, or, unless
 1012  admitted, in the near future, as evidenced by his or her
 1013  behavior, actions, or omissions, will likely is likely to
 1014  inflict serious, physical harm to self or others. Such harm
 1015  includes, but is not limited to, property damage on himself,
 1016  herself, or another.
 1017         Section 14. Subsection (1) of section 397.6751, Florida
 1018  Statutes, is amended to read:
 1019         397.6751 Service provider responsibilities regarding
 1020  involuntary admissions.—
 1021         (1) It is the responsibility of the service provider to:
 1022         (a) Ensure that a person who is admitted to a licensed
 1023  service component meets the admission criteria specified in s.
 1024  397.675;
 1025         (b) Ascertain whether the medical and behavioral conditions
 1026  of the person, as presented, are beyond the safe management
 1027  capabilities of the service provider;
 1028         (c) Provide for the admission of the person to the service
 1029  component that represents the most appropriate and least
 1030  restrictive available setting that is responsive to the person’s
 1031  treatment needs;
 1032         (d) Verify that the admission of the person to the service
 1033  component does not result in a census in excess of its licensed
 1034  service capacity;
 1035         (e) Determine whether the cost of services is within the
 1036  financial means of the person or those who are financially
 1037  responsible for the person’s care; and
 1038         (f) Take all necessary measures to ensure that each
 1039  individual in treatment is provided with a safe environment, and
 1040  to ensure that each individual whose medical condition or
 1041  behavioral problem becomes such that he or she cannot be safely
 1042  managed by the service component is discharged and referred to a
 1043  more appropriate setting for care.
 1044         Section 15. Section 397.681, Florida Statutes, is amended
 1045  to read:
 1046         397.681 Involuntary petitions; general provisions; court
 1047  jurisdiction and right to counsel.—
 1048         (1) JURISDICTION.—The courts have jurisdiction of
 1049  involuntary assessment and stabilization petitions and
 1050  involuntary treatment petitions for substance abuse impaired
 1051  persons, and such petitions must be filed with the clerk of the
 1052  court in the county where the person is located. The clerk of
 1053  the court may not charge a fee for the filing of a petition
 1054  under this section. The chief judge may appoint a general or
 1055  special magistrate to preside over all or part of the
 1056  proceedings. The alleged impaired person is named as the
 1057  respondent.
 1058         (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
 1059  at every stage of a proceeding relating to a petition for his or
 1060  her involuntary assessment and a petition for his or her
 1061  involuntary treatment for substance abuse impairment. A
 1062  respondent who desires counsel and is unable to afford private
 1063  counsel has the right to court-appointed counsel and to the
 1064  benefits of s. 57.081. If the court believes that the respondent
 1065  needs the assistance of counsel, the court shall appoint such
 1066  counsel for the respondent without regard to the respondent’s
 1067  wishes. If the respondent is a minor not otherwise represented
 1068  in the proceeding, the court shall immediately appoint a
 1069  guardian ad litem to act on the minor’s behalf.
 1070         (3) STATE REPRESENTATIVE.—For all court-involved
 1071  involuntary proceedings under this chapter, the state attorney
 1072  for the circuit in which the respondent is located shall
 1073  represent the state rather than the petitioner as the real party
 1074  of interest in the proceeding, but the state attorney must be
 1075  respectful of the petitioner’s interests and concerns. The state
 1076  attorney may access, by subpoena if necessary, the respondent,
 1077  witnesses, and records that are relevant to the state’s case.
 1078  Such records include, but are not limited to, any social media,
 1079  school records, and reports documenting contact the respondent
 1080  may have had with law enforcement officers or other state
 1081  agencies. The petitioner may not access any records obtained by
 1082  the state attorney unless such records are entered into the
 1083  court file. This subsection shall take effect only when the
 1084  Legislature provides the requisite funding to the state attorney
 1085  for its additional staffing needs.
 1086         Section 16. Section 397.6811, Florida Statutes, is
 1087  repealed.
 1088         Section 17. Section 397.6814, Florida Statutes, is
 1089  repealed.
 1090         Section 18. Section 397.6815, Florida Statutes, is
 1091  repealed.
 1092         Section 19. Section 397.6818, Florida Statutes, is
 1093  repealed.
 1094         Section 20. Section 397.6819, Florida Statutes, is
 1095  repealed.
 1096         Section 21. Section 397.6821, Florida Statutes, is
 1097  repealed.
 1098         Section 22. Section 397.6822, Florida Statutes, is
 1099  repealed.
 1100         Section 23. Section 397.693, Florida Statutes, is amended
 1101  to read:
 1102         397.693 Involuntary treatment.—A person may be the subject
 1103  of a petition for court-ordered involuntary treatment pursuant
 1104  to this part, if that person:
 1105         (1) Reasonably appears to meet meets the criteria for
 1106  involuntary admission provided in s. 397.675; and:
 1107         (2)(1) Has been placed under protective custody pursuant to
 1108  s. 397.677 within the previous 10 days;
 1109         (3)(2) Has been subject to an emergency admission pursuant
 1110  to s. 397.679 within the previous 10 days;
 1111         (4)(3) Has been assessed by a qualified professional within
 1112  30 5 days;
 1113         (4) Has been subject to involuntary assessment and
 1114  stabilization pursuant to s. 397.6818 within the previous 12
 1115  days; or
 1116         (5) Has been subject to alternative involuntary treatment
 1117  admission pursuant to s. 397.6957(1)(c) s. 397.6822 within the
 1118  previous 30 12 days.
 1119         Section 24. Section 397.695, Florida Statutes, is amended
 1120  to read:
 1121         397.695 Involuntary treatment services; persons who may
 1122  petition.—
 1123         (1) If the respondent is an adult, a petition for
 1124  involuntary treatment services may be filed by the respondent’s
 1125  spouse or legal guardian, any relative, a service provider, or
 1126  an adult who has direct personal knowledge of the respondent’s
 1127  substance abuse impairment and his or her prior course of
 1128  assessment and treatment.
 1129         (2) If the respondent is a minor, a petition for
 1130  involuntary treatment may be filed by a parent, legal guardian,
 1131  or service provider.
 1132         (3) The court or the clerk of the court may waive or
 1133  prohibit any service of process fees if a petitioner is
 1134  determined to be indigent under s. 57.082.
 1135         Section 25. Section 397.6951, Florida Statutes, is amended
 1136  to read:
 1137         397.6951 Contents of petition for involuntary treatment
 1138  services.—
 1139         (1) A petition for involuntary treatment services must
 1140  contain the name of the respondent; the name of the petitioner
 1141  or petitioners; the relationship between the respondent and the
 1142  petitioner; the name of the respondent’s attorney, if known; the
 1143  findings and recommendations of the assessment performed by the
 1144  qualified professional; and the factual allegations presented by
 1145  the petitioner establishing the need for involuntary outpatient
 1146  services. The factual allegations must demonstrate:
 1147         (a)(1) The reason for the petitioner’s belief that the
 1148  respondent is substance abuse impaired;
 1149         (b)(2) The reason for the petitioner’s belief that because
 1150  of such impairment the respondent has lost the power of self
 1151  control with respect to substance abuse; and
 1152         (c)1.(3)(a) The reason the petitioner believes that either:
 1153         a. The respondent, without care or treatment, is likely to
 1154  suffer from neglect or refuse to care for himself or herself;
 1155  that such neglect or refusal poses a real and present threat of
 1156  substantial harm to his or her well-being; and that it is not
 1157  apparent that such harm may be avoided through the help of
 1158  willing, able, and responsible family members or friends or the
 1159  provision of other services; or
 1160         b.(I) There is substantial likelihood that the person has
 1161  inflicted, or threatened to or attempted to inflict, serious
 1162  harm to self or others, which includes property damage; or
 1163         (II) Unless admitted, in the near future, as evidenced by
 1164  his or her behavior, actions, or omissions, the person will
 1165  likely inflict serious harm to self or others, which includes
 1166  property damage has inflicted or is likely to inflict physical
 1167  harm on himself or herself or others unless the court orders the
 1168  involuntary services; or
 1169         2.(b) The reason the petitioner believes that the
 1170  respondent is in need of substance abuse services but refuses
 1171  respondent’s refusal to voluntarily receive care is due to based
 1172  on judgment so impaired by reason of substance abuse that the
 1173  respondent is incapable of appreciating his or her need for care
 1174  and of making a rational decision regarding that need for care.
 1175         (2) The petition may be accompanied by a certificate or
 1176  report of a qualified professional or a licensed physician who
 1177  has examined the respondent within 30 days before the petition’s
 1178  submission. Such certificate or report must include the
 1179  qualified professional or physician’s findings relating to his
 1180  or her assessment of the patient and his or her treatment
 1181  recommendations. In the event that the respondent refuses to
 1182  submit to an evaluation, such refusal must be documented in the
 1183  petition.
 1184         (3) In the event of an emergency, the petition must also
 1185  describe the respondent’s exigent circumstances and include a
 1186  request for an expedited hearing or the issuance of an ex parte
 1187  assessment and stabilization order that is to be executed while
 1188  the hearing is pending.
 1189         Section 26. Section 397.6955, Florida Statutes, is amended
 1190  to read:
 1191         397.6955 Duties of court upon filing of petition for
 1192  involuntary treatment services.—
 1193         (1) Upon the filing of a petition for involuntary treatment
 1194  services for a substance abuse impaired person with the clerk of
 1195  the court, the clerk must notify the state attorney’s office. In
 1196  addition, the court shall immediately determine whether the
 1197  respondent is represented by an attorney or whether the
 1198  appointment of counsel for the respondent is appropriate. If,
 1199  based on the contents of the petition, the court appoints
 1200  counsel for the person, the clerk of the court shall immediately
 1201  notify the office of criminal conflict and civil regional
 1202  counsel, created pursuant to s. 27.511, of the appointment. The
 1203  office of criminal conflict and civil regional counsel shall
 1204  represent the person until the petition is dismissed, the court
 1205  order expires, or the person is discharged from involuntary
 1206  treatment services. An attorney that represents the person named
 1207  in the petition shall have access to the person, witnesses, and
 1208  records relevant to the presentation of the person’s case and
 1209  shall represent the interests of the person, regardless of the
 1210  source of payment to the attorney.
 1211         (2) The court shall schedule a hearing to be held on the
 1212  petition within 10 court working 5 days unless a continuance is
 1213  granted. The court may appoint a magistrate to preside at the
 1214  hearing.
 1215         (3) A copy of the petition and notice of the hearing must
 1216  be provided to the respondent; the respondent’s parent,
 1217  guardian, or legal custodian, in the case of a minor; the
 1218  respondent’s attorney, if known; the petitioner; the
 1219  respondent’s spouse or guardian, if applicable; and such other
 1220  persons as the court may direct. If the respondent is a minor, a
 1221  copy of the petition and notice of the hearing must be
 1222  personally delivered to the respondent. The court shall also
 1223  issue a summons to the person whose admission is sought.
 1224         (4) When the petitioner asserts that emergency
 1225  circumstances are present, or when upon review of the petition
 1226  the court determines that an emergency exists, the court may
 1227  rely solely on the contents of the petition and, without the
 1228  appointment of an attorney, enter an ex parte order authorizing
 1229  the involuntary assessment and stabilization of the respondent.
 1230  The court may also order a law enforcement officer or other
 1231  designated agent of the court to take the respondent into
 1232  custody and deliver him or her to the nearest appropriate
 1233  licensed service provider to be evaluated while the full hearing
 1234  is pending. The service provider may hold the respondent until
 1235  his or her hearing, which may be held on an expedited basis if,
 1236  upon compliance with subsections (1) and (3), proof of service
 1237  on all relevant parties is provided.
 1238         Section 27. Section 397.6957, Florida Statutes, is amended
 1239  to read:
 1240         397.6957 Hearing on petition for involuntary treatment
 1241  services.—
 1242         (1)(a) The respondent must be present at a hearing on a
 1243  petition for involuntary treatment unless he or she knowingly,
 1244  intelligently, and voluntarily waived his or her right to be
 1245  present, or the court finds that his or her presence is not
 1246  consistent with his or her best interests or is likely to be
 1247  injurious to himself or herself or others. services, The court
 1248  shall hear and review all relevant evidence, including testimony
 1249  from individuals such as family members familiar with the
 1250  respondent’s prior history and how it relates to his or her
 1251  current condition; and the review of results of the assessment
 1252  completed by the qualified professional in connection with this
 1253  chapter. Absent a showing of good cause, the court may permit
 1254  all witnesses, such as any medical professionals or personnel
 1255  who are or have been involved with the respondent’s treatment,
 1256  to remotely attend and testify at the hearing under oath via the
 1257  most appropriate and convenient technological method of
 1258  communication available to the court, including, but not limited
 1259  to, teleconference the respondent’s protective custody,
 1260  emergency admission, involuntary assessment, or alternative
 1261  involuntary admission. The respondent must be present unless the
 1262  court finds that his or her presence is likely to be injurious
 1263  to himself or herself or others, in which event the court must
 1264  appoint a guardian advocate to act in behalf of the respondent
 1265  throughout the proceedings.
 1266         (b) If the respondent was not, or had previously refused to
 1267  be, assessed by a qualified professional or a licensed physician
 1268  and the court reasonably believes, based on the petition and
 1269  evidence presented, that the respondent qualifies for
 1270  involuntary placement, the court must give the respondent an
 1271  opportunity to consent to an examination by a court-appointed or
 1272  otherwise agreed upon physician. If the respondent consents, the
 1273  court shall reschedule the hearing within 10 court working days
 1274  and, after notifying the parties of the rescheduled hearing
 1275  date, continue the case. The assessment must occur before the
 1276  rescheduled hearing date unless the court orders otherwise.
 1277  However, if the respondent refuses to be assessed, or if the
 1278  respondent agrees to be assessed but the court suspects that the
 1279  respondent will not voluntarily appear at a rescheduled hearing,
 1280  the court may enter a preliminary order committing the
 1281  respondent to an appropriate treatment facility for further
 1282  evaluation until the date of the rescheduled hearing.
 1283         (c)1. The respondent’s assessment by a qualified
 1284  professional must occur within 72 hours of his or her arrival at
 1285  the licensed service provider. If the person conducting the
 1286  assessment is not a licensed physician, the assessment must be
 1287  reviewed by a licensed physician within the 72-hour period.
 1288  However, the service provider may petition the court in writing
 1289  for an extension of time to complete an evaluation if a
 1290  qualified professional is unable to complete the assessment and
 1291  stabilize the respondent within 72 hours after the respondent’s
 1292  arrival. The service provider must furnish copies of its request
 1293  to all parties in accordance with applicable confidentiality
 1294  requirements. With or without a hearing, the court may grant
 1295  additional time, not to exceed 3 days before the rescheduled
 1296  treatment hearing.
 1297         2. Upon the completion of his or her report, the qualified
 1298  professional, in accordance with applicable confidentiality
 1299  requirements, shall provide copies to the court and all relevant
 1300  parties and counsel. Based upon the involuntary assessment, a
 1301  service provider; a qualified professional of the hospital,
 1302  detoxification facility, or addictions receiving facility; or,
 1303  when a less restrictive component has been used, a qualified
 1304  professional may hold the respondent until the rescheduled
 1305  hearing and may initiate treatment. If the court subsequently
 1306  finds that treatment is necessary, any days of treatment
 1307  provided before such hearing may be deducted from the court’s
 1308  final treatment order. Alternatively, the qualified professional
 1309  or service provider may either release the individual and, if
 1310  appropriate, refer him or her to another treatment facility or
 1311  service provider or to community services; or allow the
 1312  individual, with his or her consent, to remain voluntarily at
 1313  the licensed service provider.
 1314         (d) The court or magistrate may order a law enforcement
 1315  officer or other designated agent of the court to take the
 1316  respondent into custody and transport him or her to or from the
 1317  treating or assessing service provider and the court for his or
 1318  her hearing.
 1319         (2) The petitioner has the burden of proving by clear and
 1320  convincing evidence that:
 1321         (a) The respondent is substance abuse impaired, has lost
 1322  the power of self-control with respect to substance abuse, and
 1323  has a history of lack of compliance with treatment for substance
 1324  abuse; and
 1325         (b) Because of such impairment the respondent is unlikely
 1326  to voluntarily participate in the recommended services or is
 1327  unable to determine for himself or herself whether services are
 1328  necessary and:
 1329         1.a. Without services, the respondent is likely to suffer
 1330  from neglect or refuse to care for himself or herself; that such
 1331  neglect or refusal poses a real and present threat of
 1332  substantial harm to his or her well-being; and that it is not
 1333  apparent that such harm may be avoided through the help of
 1334  willing, able, and responsible family members or friends or the
 1335  provisions of other services; or
 1336         b. There is a substantial likelihood that, unless admitted,
 1337  without services the respondent has inflicted, or threatened to
 1338  or attempted to inflict, or in the near future, as evidenced by
 1339  his or her behavior, acts, or omissions, will likely cause
 1340  serious harm to self or others, which includes property damage
 1341  will cause serious bodily harm to himself, herself, or another
 1342  in the near future, as evidenced by recent behavior; or
 1343         2. The respondent is in need of substance abuse services
 1344  but refuses respondent’s refusal to voluntarily receive care due
 1345  to is based on judgment so impaired by reason of substance abuse
 1346  that the respondent is incapable of appreciating his or her need
 1347  for care and of making a rational decision regarding that need
 1348  for care. Mere refusal to receive such services does not
 1349  constitute evidence of lack of judgment with respect to his or
 1350  her need for services.
 1351         (3) One of the qualified professionals who executed the
 1352  involuntary services certificate must be a witness. The court
 1353  shall allow testimony from individuals, including family
 1354  members, deemed by the court to be relevant under state law,
 1355  regarding the respondent’s prior history and how that prior
 1356  history relates to the person’s current condition. The Testimony
 1357  in the hearing must be taken under oath, and the proceedings
 1358  must be recorded. The respondent patient may refuse to testify
 1359  at the hearing.
 1360         (4) If at any point during the hearing the court has reason
 1361  to believe that the respondent, due to mental illness other than
 1362  or in addition to substance abuse impairment, is likely to
 1363  injure himself or herself or another if allowed to remain at
 1364  liberty, or otherwise meets the involuntary commitment
 1365  provisions of part I of chapter 394, the court may initiate
 1366  involuntary proceedings under such provisions.
 1367         (5)(4) At the conclusion of the hearing, the court shall
 1368  either dismiss the petition or order the respondent to receive
 1369  involuntary treatment services from his or her chosen licensed
 1370  service provider if possible and appropriate. Any treatment
 1371  order must include findings regarding the respondent’s need for
 1372  treatment and the appropriateness of other least restrictive
 1373  alternatives. Such order may designate a specific service
 1374  provider.
 1375         Section 28. Section 397.697, Florida Statutes, is amended
 1376  to read:
 1377         397.697 Court determination; effect of court order for
 1378  involuntary treatment services.—
 1379         (1)(a) When the court finds that the conditions for
 1380  involuntary treatment services have been proved by clear and
 1381  convincing evidence, it may order the respondent to receive
 1382  involuntary treatment services from a publicly funded licensed
 1383  service provider for a period not to exceed 90 days. The court
 1384  may also order a respondent to undergo treatment through a
 1385  privately funded licensed service provider if the respondent has
 1386  the ability to pay for the treatment, or if any person on the
 1387  respondent’s behalf voluntarily demonstrates a willingness and
 1388  an ability to pay for the treatment. If the court finds it
 1389  necessary, it may direct the sheriff to take the respondent into
 1390  custody and deliver him or her to the licensed service provider
 1391  specified in the court order, or to the nearest appropriate
 1392  licensed service provider, for involuntary treatment services.
 1393  When the conditions justifying involuntary treatment services no
 1394  longer exist, the individual must be released as provided in s.
 1395  397.6971. When the conditions justifying involuntary treatment
 1396  services are expected to exist after 90 days of treatment
 1397  services, a renewal of the involuntary treatment services order
 1398  may be requested pursuant to s. 397.6975 before the end of the
 1399  90-day period.
 1400         (b) To qualify for involuntary outpatient treatment, an
 1401  individual must be supervised by a willing, able, and
 1402  responsible friend, family member, social worker, guardian,
 1403  guardian advocate, or case manager of a licensed service
 1404  provider; and this supervisor shall inform the court if the
 1405  respondent fails to comply with his or her outpatient program.
 1406  In addition, unless the respondent has been involuntarily
 1407  ordered into inpatient treatment under this chapter at least
 1408  twice during the last 36 months, he or she must receive an
 1409  assessment from a qualified professional or licensed physician
 1410  expressly recommending outpatient services, and the respondent
 1411  must agree to follow a prescribed outpatient treatment plan. It
 1412  must also appear that the respondent is unlikely to become
 1413  dangerous, suffer more serious harm or illness, or further
 1414  deteriorate if such plan is followed.
 1415         (2) In all cases resulting in an order for involuntary
 1416  treatment services, the court shall retain jurisdiction over the
 1417  case and the parties for the entry of such further orders as the
 1418  circumstances may require, including, but not limited to,
 1419  monitoring compliance with treatment, changing the treatment
 1420  modality, or initiating contempt of court proceedings for
 1421  violating any valid order issued pursuant to chapter 397.
 1422  Hearings under this section may be set by motion of the parties
 1423  or under the court’s own authority. In cases involving minors
 1424  violating an involuntary treatment order, the court’s civil
 1425  contempt powers are exempt from the time limitations of chapters
 1426  984 and 985 and the court may instead hold the minor in contempt
 1427  for the same amount of time as their court-ordered treatment,
 1428  provided that the court clearly informs the minor that he or she
 1429  can immediately purge the contempt finding by complying with the
 1430  treatment order. Should this contempt order result in
 1431  incarceration, the court must hold a status conference every 2
 1432  to 4 weeks to assess the minor’s well-being and inquire into
 1433  whether he or she will go to, and remain in, treatment. If the
 1434  incarcerated minor agrees to comply with the court’s involuntary
 1435  treatment order, service providers must prioritize his or her
 1436  placement into treatment. The court’s requirements for
 1437  notification of proposed release must be included in the
 1438  original order.
 1439         (3) An involuntary treatment services order also authorizes
 1440  the licensed service provider to require the individual to
 1441  receive treatment services that will benefit him or her,
 1442  including treatment services at any licensable service component
 1443  of a licensed service provider. While subject to the court’s
 1444  oversight, the service provider’s authority under this section
 1445  is separate and distinct from the court’s continuing
 1446  jurisdiction under subsection (2).
 1447         (4) If the court orders involuntary treatment services, a
 1448  copy of the order must be sent to the managing entity within 1
 1449  working day after it is received from the court. Documents may
 1450  be submitted electronically through though existing data
 1451  systems, if applicable.
 1452         Section 29. Section 397.6975, Florida Statutes, is amended
 1453  to read:
 1454         397.6975 Extension of involuntary treatment services
 1455  period.—
 1456         (1) Whenever a service provider believes that an individual
 1457  who is nearing the scheduled date of his or her release from
 1458  involuntary care services continues to meet the criteria for
 1459  involuntary treatment services in s. 397.693, a petition for
 1460  renewal of the involuntary treatment services order must may be
 1461  filed with the court at least 10 days before the expiration of
 1462  the court-ordered treatment services period, preferably at least
 1463  10 days before the expiration of such period. The petition may
 1464  be filed by the service provider or by the petitioner of the
 1465  initial treatment order if the petition is accompanied by
 1466  supporting documentation from the service provider. The court
 1467  shall immediately schedule a hearing to be held not more than 10
 1468  court working 15 days after filing of the petition. Should the
 1469  original treatment period expire while such hearing is pending,
 1470  the court may order additional treatment if, upon reviewing the
 1471  extension petition, the court concludes that an extension order
 1472  will likely be granted. However, any additional treatment time
 1473  must be deducted from any extension of treatment time granted.
 1474  The court shall provide the copy of the petition for renewal and
 1475  the notice of the hearing to all parties to the proceeding. The
 1476  hearing is conducted pursuant to s. 397.6957.
 1477         (2) If the court finds that the petition for renewal of the
 1478  involuntary treatment services order should be granted, it may
 1479  order the respondent to receive involuntary treatment services
 1480  for a period not to exceed an additional 90 days. When the
 1481  conditions justifying involuntary treatment services no longer
 1482  exist, the individual must be released as provided in s.
 1483  397.6971. When the conditions justifying involuntary treatment
 1484  services continue to exist after an additional 90 days of
 1485  treatment service, a new petition requesting renewal of the
 1486  involuntary treatment services order may be filed pursuant to
 1487  this section.
 1488         (3) Within 1 court working day after the filing of a
 1489  petition for continued involuntary treatment services, the court
 1490  shall appoint the office of criminal conflict and civil regional
 1491  counsel to represent the respondent, unless the respondent is
 1492  otherwise represented by counsel. The clerk of the court shall
 1493  immediately notify the office of criminal conflict and civil
 1494  regional counsel of such appointment. The office of criminal
 1495  conflict and civil regional counsel shall represent the
 1496  respondent until the petition is dismissed or the court order
 1497  expires or the respondent is discharged from involuntary
 1498  treatment services. Any attorney representing the respondent
 1499  shall have access to the respondent, witnesses, and records
 1500  relevant to the presentation of the respondent’s case and shall
 1501  represent the interests of the respondent, regardless of the
 1502  source of payment to the attorney.
 1503         (4) Hearings on petitions for continued involuntary
 1504  treatment services shall be before the circuit court. The court
 1505  may appoint a magistrate to preside at the hearing. The
 1506  procedures for obtaining an order pursuant to this section shall
 1507  be in accordance with s. 397.697.
 1508         (5) Notice of hearing shall be provided to the respondent
 1509  or his or her counsel. The respondent and the respondent’s
 1510  counsel may agree to a period of continued involuntary treatment
 1511  services without a court hearing.
 1512         (6) The same procedure shall be repeated before the
 1513  expiration of each additional period of involuntary treatment
 1514  services.
 1515         (7) If the respondent has previously been found incompetent
 1516  to consent to treatment, the court shall consider testimony and
 1517  evidence regarding the respondent’s competence.
 1518         Section 30. Section 397.6976, Florida Statutes, is created
 1519  to read:
 1520         397.6976 Involuntary treatment of habitual abusers.—Upon
 1521  petition by any person authorized under s. 397.695, a person who
 1522  meets the involuntary treatment criteria of this chapter who is
 1523  also determined to be an habitual abuser may be committed by the
 1524  court, after notice and hearing as provided in this chapter, to
 1525  inpatient or outpatient treatment, or some combination thereof,
 1526  without an assessment. Such commitment may not be for longer
 1527  than 90 days, unless extended pursuant to s. 397.6975. For
 1528  purposes of this section, “habitual abuser” means any person who
 1529  has been involuntarily treated for substance abuse under this
 1530  chapter three or more times during the 24 months before the date
 1531  of the hearing, if each prior commitment order was initially for
 1532  a period of 90 days.
 1533         Section 31. Section 397.6978, Florida Statutes, is
 1534  repealed.
 1535         Section 32. Subsection (4) of section 397.706, Florida
 1536  Statutes, is amended to read:
 1537         397.706 Screening, assessment, and disposition of juvenile
 1538  offenders.—
 1539         (4) The court may require juvenile offenders and their
 1540  families to participate in substance abuse assessment and
 1541  treatment services in accordance with the provisions of chapter
 1542  984 or chapter 985 and may use its contempt powers to enforce
 1543  its orders. In cases involving minors violating an involuntary
 1544  treatment order, the court’s civil contempt powers are exempt
 1545  from the time limitations of chapters 984 and 985 and the court
 1546  may instead hold the minor in contempt for the same amount of
 1547  time as their court-ordered treatment, provided that the court
 1548  clearly informs the minor that he or she can immediately purge
 1549  the contempt finding by complying with the treatment order.
 1550  Should this contempt order result in incarceration, the court
 1551  must hold a status conference every 2 to 4 weeks to assess the
 1552  minor’s well-being and inquire into whether he or she will go
 1553  to, and remain in, treatment. If the incarcerated minor agrees
 1554  to comply with the court’s involuntary treatment order, service
 1555  providers must prioritize his or her placement into treatment.
 1556         Section 33. Paragraph (d) of subsection (2) of section
 1557  394.4599, Florida Statutes, is amended to read:
 1558         394.4599 Notice.—
 1559         (2) INVOLUNTARY ADMISSION.—
 1560         (d) The written notice of the filing of the petition for
 1561  involuntary services for an individual being held must contain
 1562  the following:
 1563         1. Notice that the petition for:
 1564         a. involuntary inpatient treatment pursuant to s. 394.467
 1565  has been filed with the circuit court in the county in which the
 1566  individual is hospitalized and the address of such court; or
 1567         b. Involuntary outpatient services pursuant to s. 394.4655
 1568  has been filed with the criminal county court, as defined in s.
 1569  394.4655(1), or the circuit court, as applicable, in the county
 1570  in which the individual is hospitalized and the address of such
 1571  court.
 1572         2. Notice that the office of the public defender has been
 1573  appointed to represent the individual in the proceeding, if the
 1574  individual is not otherwise represented by counsel.
 1575         3. The date, time, and place of the hearing and the name of
 1576  each examining expert and every other person expected to testify
 1577  in support of continued detention.
 1578         4. Notice that the individual, the individual’s guardian,
 1579  guardian advocate, health care surrogate or proxy, or
 1580  representative, or the administrator may apply for a change of
 1581  venue for the convenience of the parties or witnesses or because
 1582  of the condition of the individual.
 1583         5. Notice that the individual is entitled to an independent
 1584  expert examination and, if the individual cannot afford such an
 1585  examination, that the court will provide for one.
 1586         Section 34. Subsection (3) of section 394.4615, Florida
 1587  Statutes, is amended to read:
 1588         394.4615 Clinical records; confidentiality.—
 1589         (3) Information from the clinical record may be released in
 1590  the following circumstances:
 1591         (a) When a patient has declared an intention to harm other
 1592  persons. When such declaration has been made, the administrator
 1593  may authorize the release of sufficient information to provide
 1594  adequate warning to the person threatened with harm by the
 1595  patient.
 1596         (b) When the administrator of the facility or secretary of
 1597  the department deems release to a qualified researcher as
 1598  defined in administrative rule, an aftercare treatment provider,
 1599  or an employee or agent of the department is necessary for
 1600  treatment of the patient, maintenance of adequate records,
 1601  compilation of treatment data, aftercare planning, or evaluation
 1602  of programs.
 1603  
 1604  For the purpose of determining whether a person meets the
 1605  criteria for involuntary outpatient placement or for preparing
 1606  the proposed treatment plan pursuant to s. 394.4655, the
 1607  clinical record may be released to the state attorney, the
 1608  public defender or the patient’s private legal counsel, the
 1609  court, and to the appropriate mental health professionals,
 1610  including the service provider identified in s.
 1611  394.4655(7)(b)2., in accordance with state and federal law.
 1612         Section 35. Section 397.6971, Florida Statutes, is amended
 1613  to read:
 1614         397.6971 Early release from involuntary treatment
 1615  services.—
 1616         (1) At any time before the end of the 90-day involuntary
 1617  treatment services period, or before the end of any extension
 1618  granted pursuant to s. 397.6975, an individual receiving
 1619  involuntary treatment services may be determined eligible for
 1620  discharge to the most appropriate referral or disposition for
 1621  the individual when any of the following apply:
 1622         (a) The individual no longer meets the criteria for
 1623  involuntary admission and has given his or her informed consent
 1624  to be transferred to voluntary treatment status.
 1625         (b) If the individual was admitted on the grounds of
 1626  likelihood of infliction of physical harm upon himself or
 1627  herself or others, such likelihood no longer exists.
 1628         (c) If the individual was admitted on the grounds of need
 1629  for assessment and stabilization or treatment, accompanied by
 1630  inability to make a determination respecting such need:
 1631         1. Such inability no longer exists; or
 1632         2. It is evident that further treatment will not bring
 1633  about further significant improvements in the individual’s
 1634  condition.
 1635         (d) The individual is no longer in need of treatment
 1636  services.
 1637         (e) The director of the service provider determines that
 1638  the individual is beyond the safe management capabilities of the
 1639  provider.
 1640         (2) Whenever a qualified professional determines that an
 1641  individual admitted for involuntary treatment services qualifies
 1642  for early release under subsection (1), the service provider
 1643  shall immediately discharge the individual and must notify all
 1644  persons specified by the court in the original treatment order.
 1645         Section 36. Section 397.6977, Florida Statutes, is amended
 1646  to read:
 1647         397.6977 Disposition of individual upon completion of
 1648  involuntary treatment services.—At the conclusion of the 90-day
 1649  period of court-ordered involuntary treatment services, the
 1650  respondent is automatically discharged unless a motion for
 1651  renewal of the involuntary treatment services order has been
 1652  filed with the court pursuant to s. 397.6975.
 1653         Section 37. Paragraph (e) of subsection (5) of section
 1654  212.055, Florida Statutes, is amended to read:
 1655         212.055 Discretionary sales surtaxes; legislative intent;
 1656  authorization and use of proceeds.—It is the legislative intent
 1657  that any authorization for imposition of a discretionary sales
 1658  surtax shall be published in the Florida Statutes as a
 1659  subsection of this section, irrespective of the duration of the
 1660  levy. Each enactment shall specify the types of counties
 1661  authorized to levy; the rate or rates which may be imposed; the
 1662  maximum length of time the surtax may be imposed, if any; the
 1663  procedure which must be followed to secure voter approval, if
 1664  required; the purpose for which the proceeds may be expended;
 1665  and such other requirements as the Legislature may provide.
 1666  Taxable transactions and administrative procedures shall be as
 1667  provided in s. 212.054.
 1668         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
 1669  s. 125.011(1) may levy the surtax authorized in this subsection
 1670  pursuant to an ordinance either approved by extraordinary vote
 1671  of the county commission or conditioned to take effect only upon
 1672  approval by a majority vote of the electors of the county voting
 1673  in a referendum. In a county as defined in s. 125.011(1), for
 1674  the purposes of this subsection, “county public general
 1675  hospital” means a general hospital as defined in s. 395.002
 1676  which is owned, operated, maintained, or governed by the county
 1677  or its agency, authority, or public health trust.
 1678         (e) A governing board, agency, or authority shall be
 1679  chartered by the county commission upon this act becoming law.
 1680  The governing board, agency, or authority shall adopt and
 1681  implement a health care plan for indigent health care services.
 1682  The governing board, agency, or authority shall consist of no
 1683  more than seven and no fewer than five members appointed by the
 1684  county commission. The members of the governing board, agency,
 1685  or authority shall be at least 18 years of age and residents of
 1686  the county. No member may be employed by or affiliated with a
 1687  health care provider or the public health trust, agency, or
 1688  authority responsible for the county public general hospital.
 1689  The following community organizations shall each appoint a
 1690  representative to a nominating committee: the South Florida
 1691  Hospital and Healthcare Association, the Miami-Dade County
 1692  Public Health Trust, the Dade County Medical Association, the
 1693  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
 1694  County. This committee shall nominate between 10 and 14 county
 1695  citizens for the governing board, agency, or authority. The
 1696  slate shall be presented to the county commission and the county
 1697  commission shall confirm the top five to seven nominees,
 1698  depending on the size of the governing board. Until such time as
 1699  the governing board, agency, or authority is created, the funds
 1700  provided for in subparagraph (d)2. shall be placed in a
 1701  restricted account set aside from other county funds and not
 1702  disbursed by the county for any other purpose.
 1703         1. The plan shall divide the county into a minimum of four
 1704  and maximum of six service areas, with no more than one
 1705  participant hospital per service area. The county public general
 1706  hospital shall be designated as the provider for one of the
 1707  service areas. Services shall be provided through participants’
 1708  primary acute care facilities.
 1709         2. The plan and subsequent amendments to it shall fund a
 1710  defined range of health care services for both indigent persons
 1711  and the medically poor, including primary care, preventive care,
 1712  hospital emergency room care, and hospital care necessary to
 1713  stabilize the patient. For the purposes of this section,
 1714  “stabilization” means stabilization as defined in s. 397.311 s.
 1715  397.311(45). Where consistent with these objectives, the plan
 1716  may include services rendered by physicians, clinics, community
 1717  hospitals, and alternative delivery sites, as well as at least
 1718  one regional referral hospital per service area. The plan shall
 1719  provide that agreements negotiated between the governing board,
 1720  agency, or authority and providers shall recognize hospitals
 1721  that render a disproportionate share of indigent care, provide
 1722  other incentives to promote the delivery of charity care to draw
 1723  down federal funds where appropriate, and require cost
 1724  containment, including, but not limited to, case management.
 1725  From the funds specified in subparagraphs (d)1. and 2. for
 1726  indigent health care services, service providers shall receive
 1727  reimbursement at a Medicaid rate to be determined by the
 1728  governing board, agency, or authority created pursuant to this
 1729  paragraph for the initial emergency room visit, and a per-member
 1730  per-month fee or capitation for those members enrolled in their
 1731  service area, as compensation for the services rendered
 1732  following the initial emergency visit. Except for provisions of
 1733  emergency services, upon determination of eligibility,
 1734  enrollment shall be deemed to have occurred at the time services
 1735  were rendered. The provisions for specific reimbursement of
 1736  emergency services shall be repealed on July 1, 2001, unless
 1737  otherwise reenacted by the Legislature. The capitation amount or
 1738  rate shall be determined before program implementation by an
 1739  independent actuarial consultant. In no event shall such
 1740  reimbursement rates exceed the Medicaid rate. The plan must also
 1741  provide that any hospitals owned and operated by government
 1742  entities on or after the effective date of this act must, as a
 1743  condition of receiving funds under this subsection, afford
 1744  public access equal to that provided under s. 286.011 as to any
 1745  meeting of the governing board, agency, or authority the subject
 1746  of which is budgeting resources for the retention of charity
 1747  care, as that term is defined in the rules of the Agency for
 1748  Health Care Administration. The plan shall also include
 1749  innovative health care programs that provide cost-effective
 1750  alternatives to traditional methods of service and delivery
 1751  funding.
 1752         3. The plan’s benefits shall be made available to all
 1753  county residents currently eligible to receive health care
 1754  services as indigents or medically poor as defined in paragraph
 1755  (4)(d).
 1756         4. Eligible residents who participate in the health care
 1757  plan shall receive coverage for a period of 12 months or the
 1758  period extending from the time of enrollment to the end of the
 1759  current fiscal year, per enrollment period, whichever is less.
 1760         5. At the end of each fiscal year, the governing board,
 1761  agency, or authority shall prepare an audit that reviews the
 1762  budget of the plan, delivery of services, and quality of
 1763  services, and makes recommendations to increase the plan’s
 1764  efficiency. The audit shall take into account participant
 1765  hospital satisfaction with the plan and assess the amount of
 1766  poststabilization patient transfers requested, and accepted or
 1767  denied, by the county public general hospital.
 1768         Section 38. Subsection (1) of section 394.4598, Florida
 1769  Statutes, is amended to read:
 1770         394.4598 Guardian advocate.—
 1771         (1) The administrator may petition the court for the
 1772  appointment of a guardian advocate based upon the opinion of a
 1773  psychiatrist that the patient is incompetent to consent to
 1774  treatment. If the court finds that a patient is incompetent to
 1775  consent to treatment and has not been adjudicated incapacitated
 1776  and a guardian with the authority to consent to mental health
 1777  treatment appointed, it shall appoint a guardian advocate. The
 1778  patient has the right to have an attorney represent him or her
 1779  at the hearing. If the person is indigent, the court shall
 1780  appoint the office of the public defender to represent him or
 1781  her at the hearing. The patient has the right to testify, cross
 1782  examine witnesses, and present witnesses. The proceeding shall
 1783  be recorded either electronically or stenographically, and
 1784  testimony shall be provided under oath. One of the professionals
 1785  authorized to give an opinion in support of a petition for
 1786  involuntary placement, as described in s. 394.4655 or s.
 1787  394.467, must testify. A guardian advocate must meet the
 1788  qualifications of a guardian contained in part IV of chapter
 1789  744, except that a professional referred to in this part, an
 1790  employee of the facility providing direct services to the
 1791  patient under this part, a departmental employee, a facility
 1792  administrator, or member of the Florida local advocacy council
 1793  may shall not be appointed. A person who is appointed as a
 1794  guardian advocate must agree to the appointment.
 1795         Section 39. Section 394.462, Florida Statutes, is amended
 1796  to read:
 1797         394.462 Transportation.—A transportation plan shall be
 1798  developed and implemented by each county in collaboration with
 1799  the managing entity in accordance with this section. A county
 1800  may enter into a memorandum of understanding with the governing
 1801  boards of nearby counties to establish a shared transportation
 1802  plan. When multiple counties enter into a memorandum of
 1803  understanding for this purpose, the counties shall notify the
 1804  managing entity and provide it with a copy of the agreement. The
 1805  transportation plan shall describe methods of transport to a
 1806  facility within the designated receiving system for individuals
 1807  subject to involuntary examination under s. 394.463 or
 1808  involuntary admission under s. 397.6772, s. 397.679, or s.
 1809  397.6798, or s. 397.6811, and may identify responsibility for
 1810  other transportation to a participating facility when necessary
 1811  and agreed to by the facility. The plan may rely on emergency
 1812  medical transport services or private transport companies, as
 1813  appropriate. The plan shall comply with the transportation
 1814  provisions of this section and ss. 397.6772, 397.6795, 397.6822,
 1815  and 397.697.
 1816         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
 1817         (a) Each county shall designate a single law enforcement
 1818  agency within the county, or portions thereof, to take a person
 1819  into custody upon the entry of an ex parte order or the
 1820  execution of a certificate for involuntary examination by an
 1821  authorized professional and to transport that person to the
 1822  appropriate facility within the designated receiving system
 1823  pursuant to a transportation plan.
 1824         (b)1. The designated law enforcement agency may decline to
 1825  transport the person to a receiving facility only if:
 1826         a. The jurisdiction designated by the county has contracted
 1827  on an annual basis with an emergency medical transport service
 1828  or private transport company for transportation of persons to
 1829  receiving facilities pursuant to this section at the sole cost
 1830  of the county; and
 1831         b. The law enforcement agency and the emergency medical
 1832  transport service or private transport company agree that the
 1833  continued presence of law enforcement personnel is not necessary
 1834  for the safety of the person or others.
 1835         2. The entity providing transportation may seek
 1836  reimbursement for transportation expenses. The party responsible
 1837  for payment for such transportation is the person receiving the
 1838  transportation. The county shall seek reimbursement from the
 1839  following sources in the following order:
 1840         a. From a private or public third-party payor, if the
 1841  person receiving the transportation has applicable coverage.
 1842         b. From the person receiving the transportation.
 1843         c. From a financial settlement for medical care, treatment,
 1844  hospitalization, or transportation payable or accruing to the
 1845  injured party.
 1846         (c) A company that transports a patient pursuant to this
 1847  subsection is considered an independent contractor and is solely
 1848  liable for the safe and dignified transport of the patient. Such
 1849  company must be insured and provide no less than $100,000 in
 1850  liability insurance with respect to the transport of patients.
 1851         (d) Any company that contracts with a governing board of a
 1852  county to transport patients shall comply with the applicable
 1853  rules of the department to ensure the safety and dignity of
 1854  patients.
 1855         (e) When a law enforcement officer takes custody of a
 1856  person pursuant to this part, the officer may request assistance
 1857  from emergency medical personnel if such assistance is needed
 1858  for the safety of the officer or the person in custody.
 1859         (f) When a member of a mental health overlay program or a
 1860  mobile crisis response service is a professional authorized to
 1861  initiate an involuntary examination pursuant to s. 394.463 or s.
 1862  397.675 and that professional evaluates a person and determines
 1863  that transportation to a receiving facility is needed, the
 1864  service, at its discretion, may transport the person to the
 1865  facility or may call on the law enforcement agency or other
 1866  transportation arrangement best suited to the needs of the
 1867  patient.
 1868         (g) When any law enforcement officer has custody of a
 1869  person based on either noncriminal or minor criminal behavior
 1870  that meets the statutory guidelines for involuntary examination
 1871  pursuant to s. 394.463, the law enforcement officer shall
 1872  transport the person to the appropriate facility within the
 1873  designated receiving system pursuant to a transportation plan.
 1874  Persons who meet the statutory guidelines for involuntary
 1875  admission pursuant to s. 397.675 may also be transported by law
 1876  enforcement officers to the extent resources are available and
 1877  as otherwise provided by law. Such persons shall be transported
 1878  to an appropriate facility within the designated receiving
 1879  system pursuant to a transportation plan.
 1880         (h) When any law enforcement officer has arrested a person
 1881  for a felony and it appears that the person meets the statutory
 1882  guidelines for involuntary examination or placement under this
 1883  part, such person must first be processed in the same manner as
 1884  any other criminal suspect. The law enforcement agency shall
 1885  thereafter immediately notify the appropriate facility within
 1886  the designated receiving system pursuant to a transportation
 1887  plan. The receiving facility shall be responsible for promptly
 1888  arranging for the examination and treatment of the person. A
 1889  receiving facility is not required to admit a person charged
 1890  with a crime for whom the facility determines and documents that
 1891  it is unable to provide adequate security, but shall provide
 1892  examination and treatment to the person where he or she is held.
 1893         (i) If the appropriate law enforcement officer believes
 1894  that a person has an emergency medical condition as defined in
 1895  s. 395.002, the person may be first transported to a hospital
 1896  for emergency medical treatment, regardless of whether the
 1897  hospital is a designated receiving facility.
 1898         (j) The costs of transportation, evaluation,
 1899  hospitalization, and treatment incurred under this subsection by
 1900  persons who have been arrested for violations of any state law
 1901  or county or municipal ordinance may be recovered as provided in
 1902  s. 901.35.
 1903         (k) The appropriate facility within the designated
 1904  receiving system pursuant to a transportation plan must accept
 1905  persons brought by law enforcement officers, or an emergency
 1906  medical transport service or a private transport company
 1907  authorized by the county, for involuntary examination pursuant
 1908  to s. 394.463.
 1909         (l) The appropriate facility within the designated
 1910  receiving system pursuant to a transportation plan must provide
 1911  persons brought by law enforcement officers, or an emergency
 1912  medical transport service or a private transport company
 1913  authorized by the county, pursuant to s. 397.675, a basic
 1914  screening or triage sufficient to refer the person to the
 1915  appropriate services.
 1916         (m) Each law enforcement agency designated pursuant to
 1917  paragraph (a) shall establish a policy that reflects a single
 1918  set of protocols for the safe and secure transportation and
 1919  transfer of custody of the person. Each law enforcement agency
 1920  shall provide a copy of the protocols to the managing entity.
 1921         (n) When a jurisdiction has entered into a contract with an
 1922  emergency medical transport service or a private transport
 1923  company for transportation of persons to facilities within the
 1924  designated receiving system, such service or company shall be
 1925  given preference for transportation of persons from nursing
 1926  homes, assisted living facilities, adult day care centers, or
 1927  adult family-care homes, unless the behavior of the person being
 1928  transported is such that transportation by a law enforcement
 1929  officer is necessary.
 1930         (o) This section may not be construed to limit emergency
 1931  examination and treatment of incapacitated persons provided in
 1932  accordance with s. 401.445.
 1933         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
 1934         (a) If neither the patient nor any person legally obligated
 1935  or responsible for the patient is able to pay for the expense of
 1936  transporting a voluntary or involuntary patient to a treatment
 1937  facility, the transportation plan established by the governing
 1938  board of the county or counties must specify how the
 1939  hospitalized patient will be transported to, from, and between
 1940  facilities in a safe and dignified manner.
 1941         (b) A company that transports a patient pursuant to this
 1942  subsection is considered an independent contractor and is solely
 1943  liable for the safe and dignified transportation of the patient.
 1944  Such company must be insured and provide no less than $100,000
 1945  in liability insurance with respect to the transport of
 1946  patients.
 1947         (c) A company that contracts with one or more counties to
 1948  transport patients in accordance with this section shall comply
 1949  with the applicable rules of the department to ensure the safety
 1950  and dignity of patients.
 1951         (d) County or municipal law enforcement and correctional
 1952  personnel and equipment may not be used to transport patients
 1953  adjudicated incapacitated or found by the court to meet the
 1954  criteria for involuntary placement pursuant to s. 394.467,
 1955  except in small rural counties where there are no cost-efficient
 1956  alternatives.
 1957         (3) TRANSFER OF CUSTODY.—Custody of a person who is
 1958  transported pursuant to this part, along with related
 1959  documentation, shall be relinquished to a responsible individual
 1960  at the appropriate receiving or treatment facility.
 1961         Section 40. Subsection (3) of section 394.495, Florida
 1962  Statutes, is amended to read:
 1963         394.495 Child and adolescent mental health system of care;
 1964  programs and services.—
 1965         (3) Assessments must be performed by:
 1966         (a) A clinical psychologist, clinical social worker,
 1967  physician, psychiatric nurse, or psychiatrist as those terms are
 1968  defined in s. 394.455 professional as defined in s. 394.455(5),
 1969  (7), (32), (35), or (36);
 1970         (b) A professional licensed under chapter 491; or
 1971         (c) A person who is under the direct supervision of a
 1972  clinical psychologist, clinical social worker, physician,
 1973  psychiatric nurse, or psychiatrist as those terms are defined in
 1974  s. 394.455 qualified professional as defined in s. 394.455(5),
 1975  (7), (32), (35), or (36) or a professional licensed under
 1976  chapter 491.
 1977         Section 41. Subsection (5) of section 394.496, Florida
 1978  Statutes, is amended to read:
 1979         394.496 Service planning.—
 1980         (5) A clinical psychologist, clinical social worker,
 1981  physician, psychiatric nurse, or psychiatrist as those terms are
 1982  defined in s. 394.455 professional as defined in s. 394.455(5),
 1983  (7), (32), (35), or (36) or a professional licensed under
 1984  chapter 491 must be included among those persons developing the
 1985  services plan.
 1986         Section 42. Subsection (6) of section 394.9085, Florida
 1987  Statutes, is amended to read:
 1988         394.9085 Behavioral provider liability.—
 1989         (6) For purposes of this section, the terms “detoxification
 1990  services,” “addictions receiving facility,” and “receiving
 1991  facility” have the same meanings as those provided in ss.
 1992  397.311(26)(a)4., 397.311(26)(a)1., and 394.455(41) 394.455(39),
 1993  respectively.
 1994         Section 43. Section 397.416, Florida Statutes, is amended
 1995  to read:
 1996         397.416 Substance abuse treatment services; qualified
 1997  professional.—Notwithstanding any other provision of law, a
 1998  person who was certified through a certification process
 1999  recognized by the former Department of Health and Rehabilitative
 2000  Services before January 1, 1995, may perform the duties of a
 2001  qualified professional with respect to substance abuse treatment
 2002  services as defined in this chapter, and need not meet the
 2003  certification requirements contained in s. 397.311(35) s.
 2004  397.311(34).
 2005         Section 44. Paragraph (b) of subsection (1) of section
 2006  409.972, Florida Statutes, is amended to read:
 2007         409.972 Mandatory and voluntary enrollment.—
 2008         (1) The following Medicaid-eligible persons are exempt from
 2009  mandatory managed care enrollment required by s. 409.965, and
 2010  may voluntarily choose to participate in the managed medical
 2011  assistance program:
 2012         (b) Medicaid recipients residing in residential commitment
 2013  facilities operated through the Department of Juvenile Justice
 2014  or a treatment facility as defined in s. 394.455 s. 394.455(47).
 2015         Section 45. Paragraphs (d) and (g) of subsection (1) of
 2016  section 440.102, Florida Statutes, are amended to read:
 2017         440.102 Drug-free workplace program requirements.—The
 2018  following provisions apply to a drug-free workplace program
 2019  implemented pursuant to law or to rules adopted by the Agency
 2020  for Health Care Administration:
 2021         (1) DEFINITIONS.—Except where the context otherwise
 2022  requires, as used in this act:
 2023         (d) “Drug rehabilitation program” means a service provider,
 2024  as defined in s. 397.311 established pursuant to s. 397.311(43),
 2025  that provides confidential, timely, and expert identification,
 2026  assessment, and resolution of employee drug abuse.
 2027         (g) “Employee assistance program” means an established
 2028  program capable of providing expert assessment of employee
 2029  personal concerns; confidential and timely identification
 2030  services with regard to employee drug abuse; referrals of
 2031  employees for appropriate diagnosis, treatment, and assistance;
 2032  and followup services for employees who participate in the
 2033  program or require monitoring after returning to work. If, in
 2034  addition to the above activities, an employee assistance program
 2035  provides diagnostic and treatment services, these services shall
 2036  in all cases be provided by service providers, as defined in s.
 2037  397.311 pursuant to s. 397.311(43).
 2038         Section 46. Paragraph (e) of subsection (4) of section
 2039  464.012, Florida Statutes, is amended to read:
 2040         464.012 Licensure of advanced practice registered nurses;
 2041  fees; controlled substance prescribing.—
 2042         (4) In addition to the general functions specified in
 2043  subsection (3), an advanced practice registered nurse may
 2044  perform the following acts within his or her specialty:
 2045         (e) A psychiatric nurse, who meets the requirements in s.
 2046  394.455(36) s. 394.455(35), within the framework of an
 2047  established protocol with a psychiatrist, may prescribe
 2048  psychotropic controlled substances for the treatment of mental
 2049  disorders.
 2050         Section 47. Subsection (7) of section 744.2007, Florida
 2051  Statutes, is amended to read:
 2052         744.2007 Powers and duties.—
 2053         (7) A public guardian may not commit a ward to a treatment
 2054  facility, as defined in s. 394.455 s. 394.455(47), without an
 2055  involuntary placement proceeding as provided by law.
 2056         Section 48. Paragraph (a) of subsection (2) of section
 2057  790.065, Florida Statutes, is amended to read:
 2058         790.065 Sale and delivery of firearms.—
 2059         (2) Upon receipt of a request for a criminal history record
 2060  check, the Department of Law Enforcement shall, during the
 2061  licensee’s call or by return call, forthwith:
 2062         (a) Review any records available to determine if the
 2063  potential buyer or transferee:
 2064         1. Has been convicted of a felony and is prohibited from
 2065  receipt or possession of a firearm pursuant to s. 790.23;
 2066         2. Has been convicted of a misdemeanor crime of domestic
 2067  violence, and therefore is prohibited from purchasing a firearm;
 2068         3. Has had adjudication of guilt withheld or imposition of
 2069  sentence suspended on any felony or misdemeanor crime of
 2070  domestic violence unless 3 years have elapsed since probation or
 2071  any other conditions set by the court have been fulfilled or
 2072  expunction has occurred; or
 2073         4. Has been adjudicated mentally defective or has been
 2074  committed to a mental institution by a court or as provided in
 2075  sub-sub-subparagraph b.(II), and as a result is prohibited by
 2076  state or federal law from purchasing a firearm.
 2077         a. As used in this subparagraph, “adjudicated mentally
 2078  defective” means a determination by a court that a person, as a
 2079  result of marked subnormal intelligence, or mental illness,
 2080  incompetency, condition, or disease, is a danger to himself or
 2081  herself or to others or lacks the mental capacity to contract or
 2082  manage his or her own affairs. The phrase includes a judicial
 2083  finding of incapacity under s. 744.331(6)(a), an acquittal by
 2084  reason of insanity of a person charged with a criminal offense,
 2085  and a judicial finding that a criminal defendant is not
 2086  competent to stand trial.
 2087         b. As used in this subparagraph, “committed to a mental
 2088  institution” means:
 2089         (I) Involuntary commitment, commitment for mental
 2090  defectiveness or mental illness, and commitment for substance
 2091  abuse. The phrase includes involuntary inpatient placement under
 2092  s. 394.467 as defined in s. 394.467, involuntary outpatient
 2093  placement as defined in s. 394.4655, involuntary assessment and
 2094  stabilization under s. 397.6818, and involuntary substance abuse
 2095  treatment under s. 397.6957, but does not include a person in a
 2096  mental institution for observation or discharged from a mental
 2097  institution based upon the initial review by the physician or a
 2098  voluntary admission to a mental institution; or
 2099         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 2100  admission to a mental institution for outpatient or inpatient
 2101  treatment of a person who had an involuntary examination under
 2102  s. 394.463, where each of the following conditions have been
 2103  met:
 2104         (A) An examining physician found that the person is an
 2105  imminent danger to himself or herself or others.
 2106         (B) The examining physician certified that if the person
 2107  did not agree to voluntary treatment, a petition for involuntary
 2108  outpatient or inpatient treatment would have been filed under s.
 2109  394.463(2)(g)4., or the examining physician certified that a
 2110  petition was filed and the person subsequently agreed to
 2111  voluntary treatment prior to a court hearing on the petition.
 2112         (C) Before agreeing to voluntary treatment, the person
 2113  received written notice of that finding and certification, and
 2114  written notice that as a result of such finding, he or she may
 2115  be prohibited from purchasing a firearm, and may not be eligible
 2116  to apply for or retain a concealed weapon or firearms license
 2117  under s. 790.06 and the person acknowledged such notice in
 2118  writing, in substantially the following form:
 2119  
 2120  “I understand that the doctor who examined me believes I am a
 2121  danger to myself or to others. I understand that if I do not
 2122  agree to voluntary treatment, a petition will be filed in court
 2123  to require me to receive involuntary treatment. I understand
 2124  that if that petition is filed, I have the right to contest it.
 2125  In the event a petition has been filed, I understand that I can
 2126  subsequently agree to voluntary treatment prior to a court
 2127  hearing. I understand that by agreeing to voluntary treatment in
 2128  either of these situations, I may be prohibited from buying
 2129  firearms and from applying for or retaining a concealed weapons
 2130  or firearms license until I apply for and receive relief from
 2131  that restriction under Florida law.”
 2132  
 2133         (D) A judge or a magistrate has, pursuant to sub-sub
 2134  subparagraph c.(II), reviewed the record of the finding,
 2135  certification, notice, and written acknowledgment classifying
 2136  the person as an imminent danger to himself or herself or
 2137  others, and ordered that such record be submitted to the
 2138  department.
 2139         c. In order to check for these conditions, the department
 2140  shall compile and maintain an automated database of persons who
 2141  are prohibited from purchasing a firearm based on court records
 2142  of adjudications of mental defectiveness or commitments to
 2143  mental institutions.
 2144         (I) Except as provided in sub-sub-subparagraph (II), clerks
 2145  of court shall submit these records to the department within 1
 2146  month after the rendition of the adjudication or commitment.
 2147  Reports shall be submitted in an automated format. The reports
 2148  must, at a minimum, include the name, along with any known alias
 2149  or former name, the sex, and the date of birth of the subject.
 2150         (II) For persons committed to a mental institution pursuant
 2151  to sub-sub-subparagraph b.(II), within 24 hours after the
 2152  person’s agreement to voluntary admission, a record of the
 2153  finding, certification, notice, and written acknowledgment must
 2154  be filed by the administrator of the receiving or treatment
 2155  facility, as defined in s. 394.455, with the clerk of the court
 2156  for the county in which the involuntary examination under s.
 2157  394.463 occurred. No fee shall be charged for the filing under
 2158  this sub-sub-subparagraph. The clerk must present the records to
 2159  a judge or magistrate within 24 hours after receipt of the
 2160  records. A judge or magistrate is required and has the lawful
 2161  authority to review the records ex parte and, if the judge or
 2162  magistrate determines that the record supports the classifying
 2163  of the person as an imminent danger to himself or herself or
 2164  others, to order that the record be submitted to the department.
 2165  If a judge or magistrate orders the submittal of the record to
 2166  the department, the record must be submitted to the department
 2167  within 24 hours.
 2168         d. A person who has been adjudicated mentally defective or
 2169  committed to a mental institution, as those terms are defined in
 2170  this paragraph, may petition the court that made the
 2171  adjudication or commitment, or the court that ordered that the
 2172  record be submitted to the department pursuant to sub-sub
 2173  subparagraph c.(II), for relief from the firearm disabilities
 2174  imposed by such adjudication or commitment. A copy of the
 2175  petition shall be served on the state attorney for the county in
 2176  which the person was adjudicated or committed. The state
 2177  attorney may object to and present evidence relevant to the
 2178  relief sought by the petition. The hearing on the petition may
 2179  be open or closed as the petitioner may choose. The petitioner
 2180  may present evidence and subpoena witnesses to appear at the
 2181  hearing on the petition. The petitioner may confront and cross
 2182  examine witnesses called by the state attorney. A record of the
 2183  hearing shall be made by a certified court reporter or by court
 2184  approved electronic means. The court shall make written findings
 2185  of fact and conclusions of law on the issues before it and issue
 2186  a final order. The court shall grant the relief requested in the
 2187  petition if the court finds, based on the evidence presented
 2188  with respect to the petitioner’s reputation, the petitioner’s
 2189  mental health record and, if applicable, criminal history
 2190  record, the circumstances surrounding the firearm disability,
 2191  and any other evidence in the record, that the petitioner will
 2192  not be likely to act in a manner that is dangerous to public
 2193  safety and that granting the relief would not be contrary to the
 2194  public interest. If the final order denies relief, the
 2195  petitioner may not petition again for relief from firearm
 2196  disabilities until 1 year after the date of the final order. The
 2197  petitioner may seek judicial review of a final order denying
 2198  relief in the district court of appeal having jurisdiction over
 2199  the court that issued the order. The review shall be conducted
 2200  de novo. Relief from a firearm disability granted under this
 2201  sub-subparagraph has no effect on the loss of civil rights,
 2202  including firearm rights, for any reason other than the
 2203  particular adjudication of mental defectiveness or commitment to
 2204  a mental institution from which relief is granted.
 2205         e. Upon receipt of proper notice of relief from firearm
 2206  disabilities granted under sub-subparagraph d., the department
 2207  shall delete any mental health record of the person granted
 2208  relief from the automated database of persons who are prohibited
 2209  from purchasing a firearm based on court records of
 2210  adjudications of mental defectiveness or commitments to mental
 2211  institutions.
 2212         f. The department is authorized to disclose data collected
 2213  pursuant to this subparagraph to agencies of the Federal
 2214  Government and other states for use exclusively in determining
 2215  the lawfulness of a firearm sale or transfer. The department is
 2216  also authorized to disclose this data to the Department of
 2217  Agriculture and Consumer Services for purposes of determining
 2218  eligibility for issuance of a concealed weapons or concealed
 2219  firearms license and for determining whether a basis exists for
 2220  revoking or suspending a previously issued license pursuant to
 2221  s. 790.06(10). When a potential buyer or transferee appeals a
 2222  nonapproval based on these records, the clerks of court and
 2223  mental institutions shall, upon request by the department,
 2224  provide information to help determine whether the potential
 2225  buyer or transferee is the same person as the subject of the
 2226  record. Photographs and any other data that could confirm or
 2227  negate identity must be made available to the department for
 2228  such purposes, notwithstanding any other provision of state law
 2229  to the contrary. Any such information that is made confidential
 2230  or exempt from disclosure by law shall retain such confidential
 2231  or exempt status when transferred to the department.
 2232         Section 49. This act shall take effect July 1, 2019.