Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 870
       
       
       
       
       
       
                                Ì7457702Î745770                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2020           .                                
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       The Committee on Children, Families, and Elder Affairs (Book)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 214 - 1783
    4  and insert:
    5  of this part, the term does not include a developmental
    6  disability as defined in chapter 393, dementia, traumatic brain
    7  injury, intoxication, or conditions manifested only by
    8  antisocial behavior or substance abuse.
    9         (31)“Neglect or refuse to care for himself or herself”
   10  includes, but is not limited to, evidence that a person:
   11         (a)Is unable to satisfy basic needs for nourishment,
   12  clothing, medical care, shelter, or safety in a manner that
   13  creates a substantial probability of imminent death, serious
   14  physical debilitation, or disease; or
   15         (b)Is substantially unable to make an informed treatment
   16  choice and needs care or treatment to prevent deterioration.
   17         (40)“Real and present threat of substantial harm”
   18  includes, but is not limited to, evidence of a substantial
   19  probability that the untreated person will:
   20         (a)Lack, refuse, or not receive services for health and
   21  safety that are actually available in the community; or
   22         (b)Suffer severe mental, emotional, or physical harm that
   23  will result in the loss of his or her ability to function in the
   24  community or the loss of cognitive or volitional control over
   25  thoughts or actions.
   26         Section 2. Subsection (13) is added to section 394.459,
   27  Florida Statutes, to read:
   28         394.459 Rights of patients.—
   29         (13)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a
   30  respondent with a serious mental illness must be informed of the
   31  essential elements of recovery and provided assistance with
   32  accessing a continuum of care regimen. The department may adopt
   33  rules specifying the services that may be provided to such
   34  respondents.
   35         Section 3. Subsection (1) of section 394.4598, Florida
   36  Statutes, is amended to read:
   37         394.4598 Guardian advocate.—
   38         (1) The administrator may petition the court for the
   39  appointment of a guardian advocate based upon the opinion of a
   40  psychiatrist that the patient is incompetent to consent to
   41  treatment. If the court finds that a patient is incompetent to
   42  consent to treatment and has not been adjudicated incapacitated
   43  and a guardian with the authority to consent to mental health
   44  treatment appointed, it shall appoint a guardian advocate. The
   45  patient has the right to have an attorney represent him or her
   46  at the hearing. If the person is indigent, the court shall
   47  appoint the office of the public defender to represent him or
   48  her at the hearing. The patient has the right to testify, cross
   49  examine witnesses, and present witnesses. The proceeding shall
   50  be recorded either electronically or stenographically, and
   51  testimony shall be provided under oath. One of the professionals
   52  authorized to give an opinion in support of a petition for
   53  involuntary placement, as described in s. 394.4655 or s.
   54  394.467, must testify. A guardian advocate must meet the
   55  qualifications of a guardian contained in part IV of chapter
   56  744, except that a professional referred to in this part, an
   57  employee of the facility providing direct services to the
   58  patient under this part, a departmental employee, a facility
   59  administrator, or member of the Florida local advocacy council
   60  may shall not be appointed. A person who is appointed as a
   61  guardian advocate must agree to the appointment.
   62         Section 4. Paragraph (d) of subsection (2) of section
   63  394.4599, Florida Statutes, is amended to read:
   64         394.4599 Notice.—
   65         (2) INVOLUNTARY ADMISSION.—
   66         (d) The written notice of the filing of the petition for
   67  involuntary services for an individual being held must contain
   68  the following:
   69         1. Notice that the petition for:
   70         a. Involuntary inpatient treatment pursuant to s. 394.467
   71  has been filed with the circuit court in the county in which the
   72  individual is hospitalized and the address of such court; or
   73         b. Involuntary outpatient services pursuant to s. 394.4655
   74  has been filed with the criminal county court, as defined in s.
   75  394.4655(1), or the circuit court, as applicable, in the county
   76  in which the individual is hospitalized and the address of such
   77  court.
   78         2. Notice that the office of the public defender has been
   79  appointed to represent the individual in the proceeding, if the
   80  individual is not otherwise represented by counsel.
   81         3. The date, time, and place of the hearing and the name of
   82  each examining expert and every other person expected to testify
   83  in support of continued detention.
   84         4. Notice that the individual, the individual’s guardian,
   85  guardian advocate, health care surrogate or proxy, or
   86  representative, or the administrator may apply for a change of
   87  venue for the convenience of the parties or witnesses or because
   88  of the condition of the individual.
   89         5. Notice that the individual is entitled to an independent
   90  expert examination and, if the individual cannot afford such an
   91  examination, that the court will provide for one.
   92         Section 5. Subsection (2) of section 394.461, Florida
   93  Statutes, is amended to read:
   94         394.461 Designation of receiving and treatment facilities
   95  and receiving systems.—The department is authorized to designate
   96  and monitor receiving facilities, treatment facilities, and
   97  receiving systems and may suspend or withdraw such designation
   98  for failure to comply with this part and rules adopted under
   99  this part. Unless designated by the department, facilities are
  100  not permitted to hold or treat involuntary patients under this
  101  part.
  102         (2) TREATMENT FACILITY.—The department may designate any
  103  state-owned, state-operated, or state-supported facility as a
  104  state treatment facility. A civil patient must shall not be
  105  admitted to a state treatment facility without previously
  106  undergoing a transfer evaluation. Before the close of the
  107  state’s case in chief in a court hearing for involuntary
  108  placement in a state treatment facility, the state may establish
  109  that the transfer evaluation was performed and the document
  110  properly executed by providing the court with a copy of the
  111  transfer evaluation. The court may not shall receive and
  112  consider the substantive information documented in the transfer
  113  evaluation unless the evaluator testifies at the hearing. Any
  114  other facility, including a private facility or a federal
  115  facility, may be designated as a treatment facility by the
  116  department, provided that such designation is agreed to by the
  117  appropriate governing body or authority of the facility.
  118         Section 6. Subsection (3) of section 394.4615, Florida
  119  Statutes, is amended to read:
  120         394.4615 Clinical records; confidentiality.—
  121         (3) Information from the clinical record may be released in
  122  the following circumstances:
  123         (a) When a patient has communicated to a service provider a
  124  specific threat to cause serious bodily injury or death to an
  125  identified or a readily available person, if the service
  126  provider reasonably believes, or should reasonably believe
  127  according to the standards of his or her profession, that the
  128  patient has the apparent intent and ability to imminently or
  129  immediately carry out such threat. When such communication has
  130  been made, the administrator may authorize the release of
  131  sufficient information to provide adequate warning to the person
  132  threatened with harm by the patient.
  133         (b) When the administrator of the facility or secretary of
  134  the department deems release to a qualified researcher as
  135  defined in administrative rule, an aftercare treatment provider,
  136  or an employee or agent of the department is necessary for
  137  treatment of the patient, maintenance of adequate records,
  138  compilation of treatment data, aftercare planning, or evaluation
  139  of programs.
  140  
  141  For the purpose of determining whether a person meets the
  142  criteria for involuntary outpatient placement or for preparing
  143  the proposed treatment plan pursuant to s. 394.4655, the
  144  clinical record may be released to the state attorney, the
  145  public defender or the patient’s private legal counsel, the
  146  court, and to the appropriate mental health professionals,
  147  including the service provider identified in s.
  148  394.4655(7)(b)2., in accordance with state and federal law.
  149         Section 7. Section 394.462, Florida Statutes, is amended to
  150  read:
  151         394.462 Transportation.—A transportation plan shall be
  152  developed and implemented by each county in collaboration with
  153  the managing entity in accordance with this section. A county
  154  may enter into a memorandum of understanding with the governing
  155  boards of nearby counties to establish a shared transportation
  156  plan. When multiple counties enter into a memorandum of
  157  understanding for this purpose, the counties shall notify the
  158  managing entity and provide it with a copy of the agreement. The
  159  transportation plan shall describe methods of transport to a
  160  facility within the designated receiving system for individuals
  161  subject to involuntary examination under s. 394.463 or
  162  involuntary admission under s. 397.6772, s. 397.679, s.
  163  397.6798, or s. 397.6957 s. 397.6811, and may identify
  164  responsibility for other transportation to a participating
  165  facility when necessary and agreed to by the facility. The plan
  166  may rely on emergency medical transport services or private
  167  transport companies, as appropriate. The plan shall comply with
  168  the transportation provisions of this section and ss. 397.6772,
  169  397.6795, 397.6822, and 397.697.
  170         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  171         (a) Each county shall designate a single law enforcement
  172  agency within the county, or portions thereof, to take a person
  173  into custody upon the entry of an ex parte order or the
  174  execution of a certificate for involuntary examination by an
  175  authorized professional and to transport that person to the
  176  appropriate facility within the designated receiving system
  177  pursuant to a transportation plan.
  178         (b)1. The designated law enforcement agency may decline to
  179  transport the person to a receiving facility only if:
  180         a. The jurisdiction designated by the county has contracted
  181  on an annual basis with an emergency medical transport service
  182  or private transport company for transportation of persons to
  183  receiving facilities pursuant to this section at the sole cost
  184  of the county; and
  185         b. The law enforcement agency and the emergency medical
  186  transport service or private transport company agree that the
  187  continued presence of law enforcement personnel is not necessary
  188  for the safety of the person or others.
  189         2. The entity providing transportation may seek
  190  reimbursement for transportation expenses. The party responsible
  191  for payment for such transportation is the person receiving the
  192  transportation. The county shall seek reimbursement from the
  193  following sources in the following order:
  194         a. From a private or public third-party payor, if the
  195  person receiving the transportation has applicable coverage.
  196         b. From the person receiving the transportation.
  197         c. From a financial settlement for medical care, treatment,
  198  hospitalization, or transportation payable or accruing to the
  199  injured party.
  200         (c) A company that transports a patient pursuant to this
  201  subsection is considered an independent contractor and is solely
  202  liable for the safe and dignified transport of the patient. Such
  203  company must be insured and provide no less than $100,000 in
  204  liability insurance with respect to the transport of patients.
  205         (d) Any company that contracts with a governing board of a
  206  county to transport patients shall comply with the applicable
  207  rules of the department to ensure the safety and dignity of
  208  patients.
  209         (e) When a law enforcement officer takes custody of a
  210  person pursuant to this part, the officer may request assistance
  211  from emergency medical personnel if such assistance is needed
  212  for the safety of the officer or the person in custody.
  213         (f) When a member of a mental health overlay program or a
  214  mobile crisis response service is a professional authorized to
  215  initiate an involuntary examination pursuant to s. 394.463 or s.
  216  397.675 and that professional evaluates a person and determines
  217  that transportation to a receiving facility is needed, the
  218  service, at its discretion, may transport the person to the
  219  facility or may call on the law enforcement agency or other
  220  transportation arrangement best suited to the needs of the
  221  patient.
  222         (g) When any law enforcement officer has custody of a
  223  person based on either noncriminal or minor criminal behavior
  224  that meets the statutory guidelines for involuntary examination
  225  pursuant to s. 394.463, the law enforcement officer shall
  226  transport the person to the appropriate facility within the
  227  designated receiving system pursuant to a transportation plan.
  228  Persons who meet the statutory guidelines for involuntary
  229  admission pursuant to s. 397.675 may also be transported by law
  230  enforcement officers to the extent resources are available and
  231  as otherwise provided by law. Such persons shall be transported
  232  to an appropriate facility within the designated receiving
  233  system pursuant to a transportation plan.
  234         (h) When any law enforcement officer has arrested a person
  235  for a felony and it appears that the person meets the statutory
  236  guidelines for involuntary examination or placement under this
  237  part, such person must first be processed in the same manner as
  238  any other criminal suspect. The law enforcement agency shall
  239  thereafter immediately notify the appropriate facility within
  240  the designated receiving system pursuant to a transportation
  241  plan. The receiving facility shall be responsible for promptly
  242  arranging for the examination and treatment of the person. A
  243  receiving facility is not required to admit a person charged
  244  with a crime for whom the facility determines and documents that
  245  it is unable to provide adequate security, but shall provide
  246  examination and treatment to the person where he or she is held.
  247         (i) If the appropriate law enforcement officer believes
  248  that a person has an emergency medical condition as defined in
  249  s. 395.002, the person may be first transported to a hospital
  250  for emergency medical treatment, regardless of whether the
  251  hospital is a designated receiving facility.
  252         (j) The costs of transportation, evaluation,
  253  hospitalization, and treatment incurred under this subsection by
  254  persons who have been arrested for violations of any state law
  255  or county or municipal ordinance may be recovered as provided in
  256  s. 901.35.
  257         (k) The appropriate facility within the designated
  258  receiving system pursuant to a transportation plan must accept
  259  persons brought by law enforcement officers, or an emergency
  260  medical transport service or a private transport company
  261  authorized by the county, for involuntary examination pursuant
  262  to s. 394.463.
  263         (l) The appropriate facility within the designated
  264  receiving system pursuant to a transportation plan must provide
  265  persons brought by law enforcement officers, or an emergency
  266  medical transport service or a private transport company
  267  authorized by the county, pursuant to s. 397.675, a basic
  268  screening or triage sufficient to refer the person to the
  269  appropriate services.
  270         (m) Each law enforcement agency designated pursuant to
  271  paragraph (a) shall establish a policy that reflects a single
  272  set of protocols for the safe and secure transportation and
  273  transfer of custody of the person. Each law enforcement agency
  274  shall provide a copy of the protocols to the managing entity.
  275         (n) When a jurisdiction has entered into a contract with an
  276  emergency medical transport service or a private transport
  277  company for transportation of persons to facilities within the
  278  designated receiving system, such service or company shall be
  279  given preference for transportation of persons from nursing
  280  homes, assisted living facilities, adult day care centers, or
  281  adult family-care homes, unless the behavior of the person being
  282  transported is such that transportation by a law enforcement
  283  officer is necessary.
  284         (o) This section may not be construed to limit emergency
  285  examination and treatment of incapacitated persons provided in
  286  accordance with s. 401.445.
  287         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  288         (a) If neither the patient nor any person legally obligated
  289  or responsible for the patient is able to pay for the expense of
  290  transporting a voluntary or involuntary patient to a treatment
  291  facility, the transportation plan established by the governing
  292  board of the county or counties must specify how the
  293  hospitalized patient will be transported to, from, and between
  294  facilities in a safe and dignified manner.
  295         (b) A company that transports a patient pursuant to this
  296  subsection is considered an independent contractor and is solely
  297  liable for the safe and dignified transportation of the patient.
  298  Such company must be insured and provide no less than $100,000
  299  in liability insurance with respect to the transport of
  300  patients.
  301         (c) A company that contracts with one or more counties to
  302  transport patients in accordance with this section shall comply
  303  with the applicable rules of the department to ensure the safety
  304  and dignity of patients.
  305         (d) County or municipal law enforcement and correctional
  306  personnel and equipment may not be used to transport patients
  307  adjudicated incapacitated or found by the court to meet the
  308  criteria for involuntary placement pursuant to s. 394.467,
  309  except in small rural counties where there are no cost-efficient
  310  alternatives.
  311         (3) TRANSFER OF CUSTODY.—Custody of a person who is
  312  transported pursuant to this part, along with related
  313  documentation, shall be relinquished to a responsible individual
  314  at the appropriate receiving or treatment facility.
  315         Section 8. Subsection (1) of section 394.4625, Florida
  316  Statutes, is amended to read:
  317         394.4625 Voluntary admissions.—
  318         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
  319  PATIENTS.—
  320         (a) In order to be admitted to a facility on a voluntary
  321  basis, a person must show evidence of a mental illness and be
  322  suitable for treatment by the facility.
  323         1.If the person is an adult, he or she must be competent
  324  to provide his or her express and informed consent in writing to
  325  the facility.
  326         2.A minor may only be admitted to a facility on the basis
  327  of the express and informed consent of the minor’s parent or
  328  legal guardian in conjunction with the minor’s assent.
  329         a.The minor’s assent is an affirmative agreement by the
  330  minor to remain at the facility for examination and treatment.
  331  The minor’s failure to object is not assent for purposes of this
  332  subparagraph.
  333         b.The minor’s assent must be verified through a clinical
  334  assessment that is documented in the minor’s clinical record and
  335  conducted within 12 hours after arrival at the facility by a
  336  licensed professional authorized to initiate an involuntary
  337  examination under s. 394.463.
  338         c.In verifying the minor’s assent, the examining
  339  professional must first provide the minor with an explanation as
  340  to why the minor will be examined and treated, what the minor
  341  can expect while in the facility, and when the minor may expect
  342  to be released, using language that is appropriate to the
  343  minor’s age, experience, maturity, and condition. The examining
  344  professional must determine and document that the minor is able
  345  to understand this information.
  346         d.The facility must advise the minor of his or her right
  347  to request and have access to legal counsel.
  348         e.The facility administrator must file with the court a
  349  notice of a minor’s voluntary placement within 1 court working
  350  day after the minor’s admission to the facility.
  351         f.The court shall appoint a public defender who may review
  352  the voluntariness of the minor’s admission to the facility and
  353  further verify his or her assent. The public defender may
  354  interview and represent the minor and shall have access to all
  355  relevant witnesses and records. If the public defender does not
  356  review the voluntariness of the admission, the clinical
  357  assessment of the minor’s assent shall serve as verification of
  358  assent.
  359         g.Unless the minor’s assent is verified pursuant to this
  360  subparagraph, a petition for involuntary placement must be filed
  361  with the court or the minor must be released to his or her
  362  parent or legal guardian within 24 hours after arriving at the
  363  facility A facility may receive for observation, diagnosis, or
  364  treatment any person 18 years of age or older making application
  365  by express and informed consent for admission or any person age
  366  17 or under for whom such application is made by his or her
  367  guardian. If found to show evidence of mental illness, to be
  368  competent to provide express and informed consent, and to be
  369  suitable for treatment, such person 18 years of age or older may
  370  be admitted to the facility. A person age 17 or under may be
  371  admitted only after a hearing to verify the voluntariness of the
  372  consent.
  373         (b) A mental health overlay program or a mobile crisis
  374  response service or a licensed professional who is authorized to
  375  initiate an involuntary examination pursuant to s. 394.463 and
  376  is employed by a community mental health center or clinic must,
  377  pursuant to district procedure approved by the respective
  378  district administrator, conduct an initial assessment of the
  379  ability of the following persons to give express and informed
  380  consent to treatment before such persons may be admitted
  381  voluntarily:
  382         1. A person 60 years of age or older for whom transfer is
  383  being sought from a nursing home, assisted living facility,
  384  adult day care center, or adult family-care home, when such
  385  person has been diagnosed as suffering from dementia.
  386         2. A person 60 years of age or older for whom transfer is
  387  being sought from a nursing home pursuant to s. 400.0255(12).
  388         3. A person for whom all decisions concerning medical
  389  treatment are currently being lawfully made by the health care
  390  surrogate or proxy designated under chapter 765.
  391         (c) When an initial assessment of the ability of a person
  392  to give express and informed consent to treatment is required
  393  under this section, and a mobile crisis response service does
  394  not respond to the request for an assessment within 2 hours
  395  after the request is made or informs the requesting facility
  396  that it will not be able to respond within 2 hours after the
  397  request is made, the requesting facility may arrange for
  398  assessment by any licensed professional authorized to initiate
  399  an involuntary examination pursuant to s. 394.463 who is not
  400  employed by or under contract with, and does not have a
  401  financial interest in, either the facility initiating the
  402  transfer or the receiving facility to which the transfer may be
  403  made.
  404         (d) A facility may not admit as a voluntary patient a
  405  person who has been adjudicated incapacitated, unless the
  406  condition of incapacity has been judicially removed. If a
  407  facility admits as a voluntary patient a person who is later
  408  determined to have been adjudicated incapacitated, and the
  409  condition of incapacity had not been removed by the time of the
  410  admission, the facility must either discharge the patient or
  411  transfer the patient to involuntary status.
  412         (e) The health care surrogate or proxy of a voluntary
  413  patient may not consent to the provision of mental health
  414  treatment for the patient. A voluntary patient who is unwilling
  415  or unable to provide express and informed consent to mental
  416  health treatment must either be discharged or transferred to
  417  involuntary status.
  418         (f) Within 24 hours after admission of a voluntary patient,
  419  the admitting physician shall document in the patient’s clinical
  420  record that the patient is able to give express and informed
  421  consent for admission. If the patient is not able to give
  422  express and informed consent for admission, the facility shall
  423  either discharge the patient or transfer the patient to
  424  involuntary status pursuant to subsection (5).
  425         Section 9. Subsection (1) and paragraphs (a), (g), and (h)
  426  of subsection (2) of section 394.463, Florida Statutes, are
  427  amended, and subsection (5) is added to that section, to read:
  428         394.463 Involuntary examination.—
  429         (1) CRITERIA.—A person may be taken to a receiving facility
  430  for involuntary examination if there is reason to believe that
  431  the person has a mental illness and because of his or her mental
  432  illness:
  433         (a)1. The person has refused voluntary examination after
  434  conscientious explanation and disclosure of the purpose of the
  435  examination; or
  436         2. The person is unable to determine for himself or herself
  437  whether examination is necessary; and
  438         (b)1. Without care or treatment, the person is likely to
  439  suffer from neglect or refuse to care for himself or herself;
  440  such neglect or refusal poses a real and present threat of
  441  substantial harm to his or her well-being; and it is not
  442  apparent that such harm may be avoided through the help of
  443  willing, able, and responsible family members or friends or the
  444  provision of other services; or
  445         2. There is a substantial likelihood that in the near
  446  future and without care or treatment, the person will inflict
  447  serious cause serious bodily harm to self himself or herself or
  448  others in the near future, as evidenced by acts, omissions, or
  449  recent behavior causing, attempting, or threatening such harm,
  450  which includes, but is not limited to, significant property
  451  damage.
  452         (2) INVOLUNTARY EXAMINATION.—
  453         (a) An involuntary examination may be initiated by any one
  454  of the following means:
  455         1. A circuit or county court may enter an ex parte order
  456  stating that a person appears to meet the criteria for
  457  involuntary examination and specifying the findings on which
  458  that conclusion is based. The ex parte order for involuntary
  459  examination must be based on written or oral sworn testimony
  460  that includes specific facts that support the findings. If other
  461  less restrictive means are not available, such as voluntary
  462  appearance for outpatient evaluation, a law enforcement officer,
  463  or other designated agent of the court, shall take the person
  464  into custody and deliver him or her to an appropriate, or the
  465  nearest, facility within the designated receiving system
  466  pursuant to s. 394.462 for involuntary examination. The order of
  467  the court shall be made a part of the patient’s clinical record.
  468  A fee may not be charged for the filing of an order under this
  469  subsection. A facility accepting the patient based on this order
  470  must send a copy of the order to the department within 5 working
  471  days. The order may be submitted electronically through existing
  472  data systems, if available. The order shall be valid only until
  473  the person is delivered to the facility or for the period
  474  specified in the order itself, whichever comes first. If no time
  475  limit is specified in the order, the order shall be valid for 7
  476  days after the date that the order was signed.
  477         2. A law enforcement officer may shall take a person who
  478  appears to meet the criteria for involuntary examination into
  479  custody and deliver the person or have him or her delivered to
  480  an appropriate, or the nearest, facility within the designated
  481  receiving system pursuant to s. 394.462 for examination. The
  482  officer shall execute a written report detailing the
  483  circumstances under which the person was taken into custody,
  484  which must be made a part of the patient’s clinical record. Any
  485  facility accepting the patient based on this report must send a
  486  copy of the report to the department within 5 working days.
  487         3. A physician, clinical psychologist, psychiatric nurse,
  488  mental health counselor, marriage and family therapist, or
  489  clinical social worker may execute a certificate stating that he
  490  or she has examined a person within the preceding 48 hours and
  491  finds that the person appears to meet the criteria for
  492  involuntary examination and stating the observations upon which
  493  that conclusion is based. If other less restrictive means, such
  494  as voluntary appearance for outpatient evaluation, are not
  495  available, a law enforcement officer shall take into custody the
  496  person named in the certificate and deliver him or her to the
  497  appropriate, or nearest, facility within the designated
  498  receiving system pursuant to s. 394.462 for involuntary
  499  examination. The law enforcement officer shall execute a written
  500  report detailing the circumstances under which the person was
  501  taken into custody. The report and certificate shall be made a
  502  part of the patient’s clinical record. Any facility accepting
  503  the patient based on this certificate must send a copy of the
  504  certificate to the department within 5 working days. The
  505  document may be submitted electronically through existing data
  506  systems, if applicable.
  507  
  508  When sending the order, report, or certificate to the
  509  department, a facility shall, at a minimum, provide information
  510  about which action was taken regarding the patient under
  511  paragraph (g), which information shall also be made a part of
  512  the patient’s clinical record.
  513         (g) The examination period must be for up to 72 hours. For
  514  a minor, the examination shall be initiated within 12 hours
  515  after the patient’s arrival at the facility. The facility must
  516  inform the department of any person who has been examined or
  517  committed three or more times under this chapter within a 12
  518  month period. Within the examination period or, if the
  519  examination period ends on a weekend or holiday, no later than
  520  the next working day thereafter, one of the following actions
  521  must be taken, based on the individual needs of the patient:
  522         1. The patient shall be released, unless he or she is
  523  charged with a crime, in which case the patient shall be
  524  returned to the custody of a law enforcement officer;
  525         2. The patient shall be released, subject to subparagraph
  526  1., for voluntary outpatient treatment;
  527         3. The patient, unless he or she is charged with a crime,
  528  shall be asked to give express and informed consent to placement
  529  as a voluntary patient and, if such consent is given, the
  530  patient shall be admitted as a voluntary patient; or
  531         4. A petition for involuntary services shall be filed in
  532  the circuit court if inpatient treatment is deemed necessary or
  533  with a the criminal county court, as described in s. 394.4655
  534  defined in s. 394.4655(1), as applicable. When inpatient
  535  treatment is deemed necessary, the least restrictive treatment
  536  consistent with the optimum improvement of the patient’s
  537  condition shall be made available. The petition When a petition
  538  is to be filed for involuntary outpatient placement, it shall be
  539  filed by one of the petitioners specified in s. 394.4655(4)(a).
  540  A petition for involuntary inpatient placement shall be filed by
  541  the facility administrator.
  542         (h) A person for whom an involuntary examination has been
  543  initiated who is being evaluated or treated at a hospital for an
  544  emergency medical condition specified in s. 395.002 must be
  545  examined by a facility within the examination period specified
  546  in paragraph (g). The examination period begins when the patient
  547  arrives at the hospital and ceases when the attending physician
  548  documents that the patient has an emergency medical condition.
  549  If the patient is examined at a hospital providing emergency
  550  medical services by a professional qualified to perform an
  551  involuntary examination and is found as a result of that
  552  examination not to meet the criteria for involuntary outpatient
  553  services pursuant to s. 394.4655 s. 394.4655(2) or involuntary
  554  inpatient placement pursuant to s. 394.467(1), the patient may
  555  be offered voluntary services or placement, if appropriate, or
  556  released directly from the hospital providing emergency medical
  557  services. The finding by the professional that the patient has
  558  been examined and does not meet the criteria for involuntary
  559  inpatient services or involuntary outpatient placement must be
  560  entered into the patient’s clinical record. This paragraph is
  561  not intended to prevent a hospital providing emergency medical
  562  services from appropriately transferring a patient to another
  563  hospital before stabilization if the requirements of s.
  564  395.1041(3)(c) have been met.
  565         (5)UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND
  566  TREATMENT; PENALTIES.—
  567         (a)Knowingly furnishing false information for the purpose
  568  of obtaining emergency or other involuntary admission for any
  569  person is a misdemeanor of the first degree, punishable as
  570  provided in s. 775.082 and by a fine not exceeding $5,000.
  571         (b)Causing or otherwise securing, conspiring with or
  572  assisting another to cause or secure, without reason for
  573  believing a person to be impaired, any emergency or other
  574  involuntary procedure for the person is a misdemeanor of the
  575  first degree, punishable as provided in s. 775.082 and by a fine
  576  not exceeding $5,000.
  577         (c)Causing, or conspiring with or assisting another to
  578  cause, the denial to any person of any right accorded pursuant
  579  to this chapter is a misdemeanor of the first degree, punishable
  580  as provided in s. 775.082 by a fine not exceeding $5,000.
  581         Section 10. Section 394.4655, Florida Statutes, is amended
  582  to read:
  583         (Substantial rewording of section. See
  584         s. 394.4655, F.S., for present text.)
  585         394.4655Involuntary outpatient services.—
  586         (1)(a)The court may order a respondent into outpatient
  587  treatment for up to 6 months if, during a hearing under s.
  588  394.467, it is established that the respondent meets involuntary
  589  placement criteria and:
  590         1.Has been jailed or incarcerated, has been involuntarily
  591  admitted to a receiving or treatment facility as defined in s.
  592  394.455, or has received mental health services in a forensic or
  593  correctional facility at least twice during the last 36 months;
  594         2.The outpatient treatment is provided in the county in
  595  which the respondent resides or, if being placed from a state
  596  treatment facility, will reside; and
  597         3.The respondent’s treating physician certifies, within a
  598  reasonable degree of medical probability, that the respondent:
  599         a.Can be appropriately treated on an outpatient basis; and
  600         b.Can follow a prescribed treatment plan.
  601         (b)For the duration of his or her treatment, the
  602  respondent must be supported by a social worker or case manager
  603  of the outpatient provider, or a willing, able, and responsible
  604  individual appointed by the court who must inform the court,
  605  state attorney, and public defender of any failure by the
  606  respondent to comply with his or her outpatient program.
  607         (2)The court shall retain jurisdiction over the case and
  608  parties for the entry of such further orders after a hearing, as
  609  the circumstances may require. Such jurisdiction includes, but
  610  is not limited to, ordering inpatient treatment to stabilize a
  611  respondent who decompensates during his or her up to 6-month
  612  period of court-ordered treatment and meets the commitment
  613  criteria of s. 394.467.
  614         (3)A criminal county court exercising its original
  615  jurisdiction in a misdemeanor case under s. 34.01 may order a
  616  person who meets the commitment criteria into involuntary
  617  outpatient services.
  618         Section 11. Subsections (1) and (5) and paragraphs (a),
  619  (b), and (c) of subsection (6) of section 394.467, Florida
  620  Statutes, are amended to read:
  621         394.467 Involuntary inpatient placement.—
  622         (1) CRITERIA.—A person may be ordered for involuntary
  623  inpatient placement for treatment upon a finding of the court by
  624  clear and convincing evidence that:
  625         (a) He or she has a mental illness and because of his or
  626  her mental illness:
  627         1.a. He or she has refused voluntary inpatient placement
  628  for treatment after sufficient and conscientious explanation and
  629  disclosure of the purpose of inpatient placement for treatment;
  630  or
  631         b. He or she is unable to determine for himself or herself
  632  whether inpatient placement is necessary; and
  633         2.a. He or she is incapable of surviving alone or with the
  634  help of willing, able, and responsible family or friends,
  635  including available alternative services, and, without
  636  treatment, is likely to suffer from neglect or refuse to care
  637  for himself or herself, and such neglect or refusal poses a real
  638  and present threat of substantial harm to his or her well-being;
  639  or
  640         b. There is substantial likelihood that in the near future
  641  and without services he or she will inflict serious bodily harm
  642  to on self or others, as evidenced by acts, omissions, or recent
  643  behavior causing, attempting, or threatening such harm, which
  644  includes, but is not limited to, significant property damage;
  645  and
  646         (b) All available less restrictive treatment alternatives
  647  that would offer an opportunity for improvement of his or her
  648  condition have been judged to be inappropriate.
  649         (5) CONTINUANCE OF HEARING.—The patient and the state are
  650  independently entitled is entitled, with the concurrence of the
  651  patient’s counsel, to at least one continuance of the hearing.
  652  The patient’s continuance may be for a period of for up to 4
  653  weeks and requires the concurrence of his or her counsel. The
  654  state’s continuance may be for a period of up to 5 court working
  655  days and requires a showing of good cause and due diligence by
  656  the state before requesting the continuance. The state’s failure
  657  to timely review any readily available document or failure to
  658  attempt to contact a known witness does not warrant a
  659  continuance.
  660         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
  661         (a)1. The court shall hold the hearing on involuntary
  662  inpatient placement within 5 court working days, unless a
  663  continuance is granted.
  664         2. Except for good cause documented in the court file, the
  665  hearing must be held in the county or the facility, as
  666  appropriate, where the patient is located, must be as convenient
  667  to the patient as is consistent with orderly procedure, and
  668  shall be conducted in physical settings not likely to be
  669  injurious to the patient’s condition. If the court finds that
  670  the patient’s attendance at the hearing is not consistent with
  671  the best interests of, or is likely to be injurious to, the
  672  patient, or the patient knowingly, intelligently, and
  673  voluntarily waives his or her right to be present, and the
  674  patient’s counsel does not object, the court may waive the
  675  presence of the patient from all or any portion of the hearing.
  676  Absent a showing of good cause, such as specific symptoms of the
  677  respondent’s condition, the court may permit all witnesses,
  678  including, but not limited to, any medical professionals or
  679  personnel who are or have been involved with the patient’s
  680  treatment, to remotely attend and testify at the hearing under
  681  oath via the most appropriate and convenient technological
  682  method of communication available to the court, including, but
  683  not limited to, teleconference. Any witness intending to
  684  remotely attend and testify at the hearing must provide the
  685  parties with all relevant documents in advance of the hearing.
  686  The state attorney for the circuit in which the patient is
  687  located shall represent the state, rather than the petitioning
  688  facility administrator, as the real party in interest in the
  689  proceeding. In order to evaluate and prepare its case before the
  690  hearing, the state attorney may access, by subpoena if
  691  necessary, the patient, witnesses, and all relevant records.
  692  Such records include, but are not limited to, any social media,
  693  school records, clinical files, and reports documenting contact
  694  the patient may have had with law enforcement officers or other
  695  state agencies. However, these records shall remain
  696  confidential, and the state attorney may not use any records
  697  obtained under this part for criminal investigation or
  698  prosecution purposes, or for any purpose other than the
  699  patient’s civil commitment under this chapter.
  700         3. The court may appoint a magistrate to preside at the
  701  hearing on the petition and any ancillary proceedings thereto,
  702  which include, but are not limited to, writs of habeas corpus
  703  issued pursuant to s. 394.459(8). One of the professionals who
  704  executed the petition for involuntary inpatient placement
  705  certificate shall be a witness. The patient and the patient’s
  706  guardian or representative shall be informed by the court of the
  707  right to an independent expert examination. If the patient
  708  cannot afford such an examination, the court shall ensure that
  709  one is provided, as otherwise provided for by law. The
  710  independent expert’s report is confidential and not
  711  discoverable, unless the expert is to be called as a witness for
  712  the patient at the hearing. The testimony in the hearing must be
  713  given under oath, and the proceedings must be recorded. The
  714  patient may refuse to testify at the hearing.
  715         (b) If the court concludes that the patient meets the
  716  criteria for involuntary inpatient placement, it may order that
  717  the patient be transferred to a treatment facility or, if the
  718  patient is at a treatment facility, that the patient be retained
  719  there or be treated at any other appropriate facility, or that
  720  the patient receive services, on an involuntary basis, for up to
  721  90 days. However, any order for involuntary mental health
  722  services in a treatment facility may be for up to 6 months. The
  723  order shall specify the nature and extent of the patient’s
  724  mental illness and, unless the patient has transferred to a
  725  voluntary status, the facility must discharge the patient at any
  726  time he or she no longer meets the criteria for involuntary
  727  inpatient treatment. The court may not order an individual with
  728  a developmental disability as defined in s. 393.063, traumatic
  729  brain injury, or dementia who lacks a co-occurring mental
  730  illness to be involuntarily placed in a state treatment
  731  facility. Such individuals must be referred to the Agency for
  732  Persons with Disabilities or the Department of Elderly Affairs
  733  for further evaluation and the provision of appropriate services
  734  for their individual needs. In addition, if it reasonably
  735  appears that the individual would be found incapacitated under
  736  chapter 744 and the individual does not already have a legal
  737  guardian, the facility must inform any known next of kin and
  738  initiate guardianship proceedings. The facility may hold the
  739  individual until the petition to appoint a guardian is heard by
  740  the court and placement is secured. The facility shall discharge
  741  a patient any time the patient no longer meets the criteria for
  742  involuntary inpatient placement, unless the patient has
  743  transferred to voluntary status.
  744         (c) If at any time before the conclusion of the involuntary
  745  placement hearing on involuntary inpatient placement it appears
  746  to the court that the person does not meet the criteria of for
  747  involuntary inpatient placement under this section, but instead
  748  meets the criteria for involuntary outpatient services, the
  749  court may order the person evaluated for involuntary outpatient
  750  services pursuant to s. 394.4655. The petition and hearing
  751  procedures set forth in s. 394.4655 shall apply. If the person
  752  instead meets the criteria for involuntary assessment,
  753  protective custody, or involuntary admission or treatment
  754  pursuant to s. 397.675, then the court may order the person to
  755  be admitted for involuntary assessment for a period of 5 days
  756  pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings
  757  are governed by chapter 397.
  758         Section 12. Subsection (3) of section 394.495, Florida
  759  Statutes, is amended to read:
  760         394.495 Child and adolescent mental health system of care;
  761  programs and services.—
  762         (3) Assessments must be performed by:
  763         (a) A clinical psychologist, clinical social worker,
  764  physician, psychiatric nurse, or psychiatrist as those terms are
  765  defined in s. 394.455 professional as defined in s. 394.455(5),
  766  (7), (32), (35), or (36);
  767         (b) A professional licensed under chapter 491; or
  768         (c) A person who is under the direct supervision of a
  769  clinical psychologist, clinical social worker, physician,
  770  psychiatric nurse, or psychiatrist as those terms are defined in
  771  s. 394.455 qualified professional as defined in s. 394.455(5),
  772  (7), (32), (35), or (36) or a professional licensed under
  773  chapter 491.
  774         Section 13. Subsection (5) of section 394.496, Florida
  775  Statutes, is amended to read:
  776         394.496 Service planning.—
  777         (5) A clinical psychologist, clinical social worker,
  778  physician, psychiatric nurse, or psychiatrist as those terms are
  779  defined in s. 394.455 professional as defined in s. 394.455(5),
  780  (7), (32), (35), or (36) or a professional licensed under
  781  chapter 491 must be included among those persons developing the
  782  services plan.
  783         Section 14. Paragraph (a) of subsection (2) of section
  784  394.499, Florida Statutes, is amended to read:
  785         394.499 Integrated children’s crisis stabilization
  786  unit/juvenile addictions receiving facility services.—
  787         (2) Children eligible to receive integrated children’s
  788  crisis stabilization unit/juvenile addictions receiving facility
  789  services include:
  790         (a) A person under 18 years of age for whom voluntary
  791  application is made by his or her parent or legal guardian, if
  792  such person is found to show evidence of mental illness and to
  793  be suitable for treatment pursuant to s. 394.4625. A person
  794  under 18 years of age may be admitted for integrated facility
  795  services only after a hearing to verify that the consent to
  796  admission is voluntary is conducted pursuant to s. 394.4625.
  797         Section 15. Subsection (6) of section 394.9085, Florida
  798  Statutes, is amended to read:
  799         394.9085 Behavioral provider liability.—
  800         (6) For purposes of this section, the terms “detoxification
  801  services,” “addictions receiving facility,” and “receiving
  802  facility” have the same meanings as those provided in ss.
  803  397.311(26)(a)4., 397.311(26)(a)1., and 394.455 394.455(39),
  804  respectively.
  805         Section 16. Subsection (3) of section 397.305, Florida
  806  Statutes, is amended to read:
  807         397.305 Legislative findings, intent, and purpose.—
  808         (3) It is the purpose of this chapter to provide for a
  809  comprehensive continuum of accessible and quality substance
  810  abuse prevention, intervention, clinical treatment, and recovery
  811  support services in the most appropriate and least restrictive
  812  environment which promotes long-term recovery while protecting
  813  and respecting the rights of individuals, primarily through
  814  community-based private not-for-profit providers working with
  815  local governmental programs involving a wide range of agencies
  816  from both the public and private sectors.
  817         Section 17. Present subsections (29) through (36) and (37)
  818  through (50) of section 397.311, Florida Statutes, are
  819  redesignated as subsections (30) through (37) and (39) through
  820  (52), respectively, new subsections (29) and (38) are added to
  821  that section, and subsections (19) and (23) are amended, to
  822  read:
  823         397.311 Definitions.—As used in this chapter, except part
  824  VIII, the term:
  825         (19) “Impaired” or “substance abuse impaired” means having
  826  a substance use disorder or a condition involving the use of
  827  alcoholic beverages, illicit or prescription drugs, or any
  828  psychoactive or mood-altering substance in such a manner as to
  829  induce mental, emotional, or physical problems or and cause
  830  socially dysfunctional behavior.
  831         (23) “Involuntary treatment services” means an array of
  832  behavioral health services that may be ordered by the court for
  833  persons with substance abuse impairment or co-occurring
  834  substance abuse impairment and mental health disorders.
  835         (29)“Neglect or refuse to care for himself or herself”
  836  includes, but is not limited to, evidence that a person:
  837         (a)Is unable to satisfy basic needs for nourishment,
  838  clothing, medical care, shelter, or safety in a manner that
  839  creates a substantial probability of imminent death, serious
  840  physical debilitation, or disease; or
  841         (b)Is substantially unable to make an informed treatment
  842  choice and needs care or treatment to prevent deterioration.
  843         (38)“Real and present threat of substantial harm”
  844  includes, but is not limited to, evidence of a substantial
  845  probability that the untreated person will:
  846         (a)Lack, refuse, or not receive services for health and
  847  safety that are actually available in the community; or
  848         (b)Suffer severe mental, emotional, or physical harm that
  849  will result in the loss of ability to function in the community
  850  or the loss of cognitive or volitional control over thoughts or
  851  actions.
  852         Section 18. Section 397.416, Florida Statutes, is amended
  853  to read:
  854         397.416 Substance abuse treatment services; qualified
  855  professional.—Notwithstanding any other provision of law, a
  856  person who was certified through a certification process
  857  recognized by the former Department of Health and Rehabilitative
  858  Services before January 1, 1995, may perform the duties of a
  859  qualified professional with respect to substance abuse treatment
  860  services as defined in this chapter, and need not meet the
  861  certification requirements contained in s. 397.311(36) s.
  862  397.311(35).
  863         Section 19. Subsection (11) is added to section 397.501,
  864  Florida Statutes, to read:
  865         397.501 Rights of individuals.—Individuals receiving
  866  substance abuse services from any service provider are
  867  guaranteed protection of the rights specified in this section,
  868  unless otherwise expressly provided, and service providers must
  869  ensure the protection of such rights.
  870         (11)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a
  871  respondent with a serious substance abuse addiction must be
  872  informed of the essential elements of recovery and provided
  873  assistance with accessing a continuum of care regimen. The
  874  department may adopt rules specifying the services that may be
  875  provided to such respondents.
  876         Section 20. Section 397.675, Florida Statutes, is amended
  877  to read:
  878         397.675 Criteria for involuntary admissions, including
  879  protective custody, emergency admission, and other involuntary
  880  assessment, involuntary treatment, and alternative involuntary
  881  assessment for minors, for purposes of assessment and
  882  stabilization, and for involuntary treatment.—A person meets the
  883  criteria for involuntary admission if there is good faith reason
  884  to believe that the person is substance abuse impaired, has a
  885  substance use disorder, or has a substance use disorder and a
  886  co-occurring mental health disorder and, because of such
  887  impairment or disorder:
  888         (1) Has lost the power of self-control with respect to
  889  substance abuse, or has a history of noncompliance with
  890  substance abuse treatment with continued substance use; and
  891         (2)(a) Is in need of substance abuse services and, by
  892  reason of substance abuse impairment, his or her judgment has
  893  been so impaired that he or she is refusing voluntary care after
  894  a sufficient and conscientious explanation and disclosure of the
  895  purpose for such services, or is incapable of appreciating his
  896  or her need for such services and of making a rational decision
  897  in that regard, although mere refusal to receive such services
  898  does not constitute evidence of lack of judgment with respect to
  899  his or her need for such services; and or
  900         (3)(a)(b) Without care or treatment, is likely to suffer
  901  from neglect or refuse to care for himself or herself; that such
  902  neglect or refusal poses a real and present threat of
  903  substantial harm to his or her well-being; and that it is not
  904  apparent that such harm may be avoided through the help of
  905  willing, able, and responsible family members or friends or the
  906  provision of other services;, or
  907         (b) There is substantial likelihood that in the near future
  908  and without services, the person will inflict serious harm to
  909  self or others, as evidenced by acts, omissions, or behavior
  910  causing, attempting, or threatening such harm, which includes,
  911  but is not limited to, significant property damage has
  912  inflicted, or threatened to or attempted to inflict, or, unless
  913  admitted, is likely to inflict, physical harm on himself,
  914  herself, or another.
  915         Section 21. Subsection (1) of section 397.6751, Florida
  916  Statutes, is amended to read:
  917         397.6751 Service provider responsibilities regarding
  918  involuntary admissions.—
  919         (1) It is the responsibility of the service provider to:
  920         (a) Ensure that a person who is admitted to a licensed
  921  service component meets the admission criteria specified in s.
  922  397.675;
  923         (b) Ascertain whether the medical and behavioral conditions
  924  of the person, as presented, are beyond the safe management
  925  capabilities of the service provider;
  926         (c) Provide for the admission of the person to the service
  927  component that represents the most appropriate and least
  928  restrictive available setting that is responsive to the person’s
  929  treatment needs;
  930         (d) Verify that the admission of the person to the service
  931  component does not result in a census in excess of its licensed
  932  service capacity;
  933         (e) Determine whether the cost of services is within the
  934  financial means of the person or those who are financially
  935  responsible for the person’s care; and
  936         (f) Take all necessary measures to ensure that each
  937  individual in treatment is provided with a safe environment, and
  938  to ensure that each individual whose medical condition or
  939  behavioral problem becomes such that he or she cannot be safely
  940  managed by the service component is discharged and referred to a
  941  more appropriate setting for care.
  942         Section 22. Section 397.681, Florida Statutes, is amended
  943  to read:
  944         397.681 Involuntary petitions; general provisions; court
  945  jurisdiction and right to counsel.—
  946         (1) JURISDICTION.—The courts have jurisdiction of
  947  involuntary assessment and stabilization petitions and
  948  involuntary treatment petitions for substance abuse impaired
  949  persons, and such petitions must be filed with the clerk of the
  950  court in the county where the person is located. The clerk of
  951  the court may not charge a fee for the filing of a petition
  952  under this section. The chief judge may appoint a general or
  953  special magistrate to preside over all or part of the
  954  proceedings. The alleged impaired person is named as the
  955  respondent.
  956         (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
  957  at every stage of a proceeding relating to a petition for his or
  958  her involuntary assessment and a petition for his or her
  959  involuntary treatment for substance abuse impairment. A
  960  respondent who desires counsel and is unable to afford private
  961  counsel has the right to court-appointed counsel and to the
  962  benefits of s. 57.081. If the court believes that the respondent
  963  needs the assistance of counsel, the court shall appoint such
  964  counsel for the respondent without regard to the respondent’s
  965  wishes. If the respondent is a minor not otherwise represented
  966  in the proceeding, the court shall immediately appoint a
  967  guardian ad litem to act on the minor’s behalf.
  968         (3)STATE REPRESENTATIVE.—Subject to legislative
  969  appropriation, for all court-involved involuntary proceedings
  970  under this chapter in which the petitioner has not retained
  971  private counsel, the state attorney for the circuit in which the
  972  respondent is located shall represent the state rather than the
  973  petitioner as the real party of interest in the proceeding, but
  974  the state attorney must be respectful of the petitioner’s
  975  interests and concerns. In order to evaluate and prepare its
  976  case before the hearing, the state attorney may access, by
  977  subpoena if necessary, the respondent, the witnesses, and all
  978  relevant records. Such records include, but are not limited to,
  979  any social media, school records, clinical files, and reports
  980  documenting contact the respondent may have had with law
  981  enforcement officers or other state agencies. However, these
  982  records shall remain confidential, and the petitioner may not
  983  access any records obtained by the state attorney unless such
  984  records are entered into the court file. In addition, the state
  985  attorney may not use any records obtained under this part for
  986  criminal investigation or prosecution purposes, or for any
  987  purpose other than the respondent’s civil commitment under this
  988  chapter.
  989         Section 23. Section 397.6811, Florida Statutes, is
  990  repealed.
  991         Section 24. Section 397.6814, Florida Statutes, is
  992  repealed.
  993         Section 25. Section 397.6815, Florida Statutes, is
  994  repealed.
  995         Section 26. Section 397.6818, Florida Statutes, is
  996  repealed.
  997         Section 27. Section 397.6819, Florida Statutes, is
  998  repealed.
  999         Section 28. Section 397.6821, Florida Statutes, is
 1000  repealed.
 1001         Section 29. Section 397.6822, Florida Statutes, is
 1002  repealed.
 1003         Section 30. Section 397.693, Florida Statutes, is amended
 1004  to read:
 1005         397.693 Involuntary treatment.—A person may be the subject
 1006  of a petition for court-ordered involuntary treatment pursuant
 1007  to this part, if that person:
 1008         (1)Reasonably appears to meet meets the criteria for
 1009  involuntary admission provided in s. 397.675; and:
 1010         (2)(1) Has been placed under protective custody pursuant to
 1011  s. 397.677 within the previous 10 days;
 1012         (3)(2) Has been subject to an emergency admission pursuant
 1013  to s. 397.679 within the previous 10 days; or
 1014         (4)(3) Has been assessed by a qualified professional within
 1015  30 5 days;
 1016         (4)Has been subject to involuntary assessment and
 1017  stabilization pursuant to s. 397.6818 within the previous 12
 1018  days; or
 1019         (5)Has been subject to alternative involuntary admission
 1020  pursuant to s. 397.6822 within the previous 12 days.
 1021         Section 31. Section 397.695, Florida Statutes, is amended
 1022  to read:
 1023         397.695 Involuntary treatment services; persons who may
 1024  petition.—
 1025         (1) If the respondent is an adult, a petition for
 1026  involuntary treatment services may be filed by the respondent’s
 1027  spouse or legal guardian, any relative, a service provider, or
 1028  an adult who has direct personal knowledge of the respondent’s
 1029  substance abuse impairment and his or her prior course of
 1030  assessment and treatment.
 1031         (2) If the respondent is a minor, a petition for
 1032  involuntary treatment may be filed by a parent, legal guardian,
 1033  or service provider.
 1034         (3)The court or the clerk of the court may waive or
 1035  prohibit any service of process fees if a petitioner is
 1036  determined to be indigent under s. 57.082.
 1037         Section 32. Section 397.6951, Florida Statutes, is amended
 1038  to read:
 1039         397.6951 Contents of petition for involuntary treatment
 1040  services.—
 1041         (1) A petition for involuntary treatment services must
 1042  contain the name of the respondent; the name of the petitioner
 1043  or petitioners; the relationship between the respondent and the
 1044  petitioner; the name of the respondent’s attorney, if known; the
 1045  findings and recommendations of the assessment performed by the
 1046  qualified professional; and the factual allegations presented by
 1047  the petitioner establishing the need for involuntary outpatient
 1048  services for substance abuse impairment. The factual allegations
 1049  must demonstrate the reason for the petitioner’s belief that the
 1050  respondent:
 1051         (1)The reason for the petitioner’s belief that the
 1052  respondent is substance abuse impaired;
 1053         (a)(2)The reason for the petitioner’s belief that because
 1054  of such impairment the respondent Has lost the power of self
 1055  control with respect to substance abuse, or has a history of
 1056  noncompliance with substance abuse treatment with continued
 1057  substance use; and
 1058         (b)Needs substance abuse services, but his or her judgment
 1059  is so impaired by substance abuse that he or she either is
 1060  refusing voluntary care after a sufficient and conscientious
 1061  explanation and disclosure of the purpose of such services, or
 1062  is incapable of appreciating his or her need for such services
 1063  and of making a rational decision in that regard; and
 1064         (c)1.Without services, is likely to suffer from neglect or
 1065  refuse to care for himself or herself; that the neglect or
 1066  refusal poses a real and present threat of substantial harm to
 1067  his or her well-being; and that it is not apparent that the harm
 1068  may be avoided through the help of willing, able, and
 1069  responsible family members or friends or the provision of other
 1070  services; or
 1071         2.There is a substantial likelihood that in the near
 1072  future and without services, the respondent will inflict serious
 1073  harm to self or others, as evidenced by acts, omissions, or
 1074  behavior causing, attempting, or threatening such harm, which
 1075  includes, but is not limited to, significant property damage
 1076         (3)(a)The reason the petitioner believes that the
 1077  respondent has inflicted or is likely to inflict physical harm
 1078  on himself or herself or others unless the court orders the
 1079  involuntary services; or
 1080         (b)The reason the petitioner believes that the
 1081  respondent’s refusal to voluntarily receive care is based on
 1082  judgment so impaired by reason of substance abuse that the
 1083  respondent is incapable of appreciating his or her need for care
 1084  and of making a rational decision regarding that need for care.
 1085         (2)The petition may be accompanied by a certificate or
 1086  report of a qualified professional or a licensed physician who
 1087  has examined the respondent within 30 days before the petition’s
 1088  submission. This certificate or report must include the
 1089  qualified professional or physician’s findings relating to his
 1090  or her assessment of the patient and his or her treatment
 1091  recommendations. If the respondent was not assessed before the
 1092  filing of a treatment petition or refused to submit to an
 1093  evaluation, the lack of assessment or refusal must be noted in
 1094  the petition.
 1095         (3)If there is an emergency, the petition must also
 1096  describe the respondent’s exigent circumstances and include a
 1097  request for an ex parte assessment and stabilization order that
 1098  must be executed pursuant to s. 397.6955(4).
 1099         Section 33. Section 397.6955, Florida Statutes, is amended
 1100  to read:
 1101         397.6955 Duties of court upon filing of petition for
 1102  involuntary treatment services.—
 1103         (1) Upon the filing of a petition for involuntary treatment
 1104  services for a substance abuse impaired person with the clerk of
 1105  the court that does not indicate the petitioner has retained
 1106  private counsel, the clerk must notify the state attorney’s
 1107  office. In addition, the court shall immediately determine
 1108  whether the respondent is represented by an attorney or whether
 1109  the appointment of counsel for the respondent is appropriate.
 1110  If, based on the contents of the petition, the court appoints
 1111  counsel for the person, the clerk of the court shall immediately
 1112  notify the office of criminal conflict and civil regional
 1113  counsel, created pursuant to s. 27.511, of the appointment. The
 1114  office of criminal conflict and civil regional counsel shall
 1115  represent the person until the petition is dismissed, the court
 1116  order expires, or the person is discharged from involuntary
 1117  treatment services. An attorney that represents the person named
 1118  in the petition shall have access to the person, witnesses, and
 1119  records relevant to the presentation of the person’s case and
 1120  shall represent the interests of the person, regardless of the
 1121  source of payment to the attorney.
 1122         (2) The court shall schedule a hearing to be held on the
 1123  petition within 10 court working 5 days unless a continuance is
 1124  granted. The court may appoint a magistrate to preside at the
 1125  hearing.
 1126         (3) A copy of the petition and notice of the hearing must
 1127  be provided to the respondent; the respondent’s parent,
 1128  guardian, or legal custodian, in the case of a minor; the
 1129  respondent’s attorney, if known; the petitioner; the
 1130  respondent’s spouse or guardian, if applicable; and such other
 1131  persons as the court may direct. If the respondent is a minor, a
 1132  copy of the petition and notice of the hearing must be
 1133  personally delivered to the respondent. The court shall also
 1134  issue a summons to the person whose admission is sought.
 1135         (4)(a)When the petitioner asserts that emergency
 1136  circumstances exist, or when upon review of the petition the
 1137  court determines that an emergency exists, the court may rely
 1138  solely on the contents of the petition and, without the
 1139  appointment of an attorney, enter an ex parte order for the
 1140  respondent’s involuntary assessment and stabilization which must
 1141  be executed during the period that the hearing on the petition
 1142  for treatment is pending. The court may further order a law
 1143  enforcement officer or other designated agent of the court to:
 1144         1.Take the respondent into custody and deliver him or her
 1145  to the nearest appropriate licensed service provider to be
 1146  evaluated; and
 1147         2.Serve the respondent with the notice of hearing and a
 1148  copy of the petition.
 1149         (b)The service provider must promptly inform the court and
 1150  parties of the respondent’s arrival and may not hold the
 1151  respondent for longer than 72 hours of observation thereafter,
 1152  unless:
 1153         1.The service provider seeks additional time under s.
 1154  397.6957(1)(c) and the court, after a hearing, grants that
 1155  motion;
 1156         2.The respondent shows signs of withdrawal, or a need to
 1157  be either detoxified or treated for a medical condition, which
 1158  shall extend the amount of time the respondent may be held for
 1159  observation until the issue is resolved; or
 1160         3.The original or extended observation period ends on a
 1161  weekend or holiday, in which case the provider may hold the
 1162  respondent until the next court working day.
 1163         (c)If the ex parte order was not executed by the initial
 1164  hearing date, it shall be deemed void. However, should the
 1165  respondent not appear at the hearing for any reason, including
 1166  lack of service, and upon reviewing the petition, testimony, and
 1167  evidence presented, the court reasonably believes the respondent
 1168  meets this chapter’s commitment criteria and that a substance
 1169  abuse emergency exists, the court may issue or reissue an ex
 1170  parte assessment and stabilization order that is valid for 90
 1171  days. If the respondent’s location is known at the time of the
 1172  hearing, the court:
 1173         1.Shall continue the case for no more than 10 court
 1174  working days; and
 1175         2.May order a law enforcement officer or other designated
 1176  agent of the court to:
 1177         a.Take the respondent into custody and deliver him or her
 1178  to the nearest appropriate licensed service provider to be
 1179  evaluated; and
 1180         b.If a hearing date is set, serve the respondent with
 1181  notice of the rescheduled hearing and a copy of the involuntary
 1182  treatment petition if the respondent has not already been
 1183  served.
 1184  
 1185  Otherwise, the petitioner and the service provider must promptly
 1186  inform the court that the respondent has been assessed so that
 1187  the court may schedule a hearing. The service provider must
 1188  serve the respondent, before his or her discharge, with the
 1189  notice of hearing and a copy of the petition. However, if the
 1190  respondent has not been assessed after 90 days, the court must
 1191  dismiss the case.
 1192         Section 34. Section 397.6957, Florida Statutes, is amended
 1193  to read:
 1194         397.6957 Hearing on petition for involuntary treatment
 1195  services.—
 1196         (1)(a)The respondent must be present at a hearing on a
 1197  petition for involuntary treatment services unless he or she
 1198  knowingly, intelligently, and voluntarily waives his or her
 1199  right to be present or, upon receiving proof of service and
 1200  evaluating the circumstances of the case, the court finds that
 1201  his or her presence is inconsistent with his or her best
 1202  interests or is likely to be injurious to himself or herself or
 1203  others., The court shall hear and review all relevant evidence,
 1204  including testimony from individuals such as family members
 1205  familiar with the respondent’s prior history and how it relates
 1206  to his or her current condition, and the review of results of
 1207  the assessment completed by the qualified professional in
 1208  connection with this chapter. The court may also order drug
 1209  tests. Absent a showing of good cause, such as specific symptoms
 1210  of the respondent’s condition, the court may permit all
 1211  witnesses, such as any medical professionals or personnel who
 1212  are or have been involved with the respondent’s treatment, to
 1213  remotely attend and testify at the hearing under oath via the
 1214  most appropriate and convenient technological method of
 1215  communication available to the court, including, but not limited
 1216  to, teleconference. Any witness intending to remotely attend and
 1217  testify at the hearing must provide the parties with all
 1218  relevant documents in advance of the hearing the respondent’s
 1219  protective custody, emergency admission, involuntary assessment,
 1220  or alternative involuntary admission. The respondent must be
 1221  present unless the court finds that his or her presence is
 1222  likely to be injurious to himself or herself or others, in which
 1223  event the court must appoint a guardian advocate to act in
 1224  behalf of the respondent throughout the proceedings.
 1225         (b)A respondent cannot be involuntarily ordered into
 1226  treatment under this chapter without a clinical assessment being
 1227  performed unless he or she is present in court and expressly
 1228  waives the assessment. In nonemergency situations, if the
 1229  respondent was not, or had previously refused to be, assessed by
 1230  a qualified professional and, based on the petition, testimony,
 1231  and evidence presented, it reasonably appears that the
 1232  respondent qualifies for involuntary treatment services, the
 1233  court shall issue an involuntary assessment and stabilization
 1234  order to determine the appropriate level of treatment the
 1235  respondent requires. Additionally, in cases where an assessment
 1236  was attached to the petition, the respondent may request, or the
 1237  court on its own motion may order, an independent assessment by
 1238  a court-appointed physician or an otherwise agreed-upon
 1239  physician. If an assessment order is issued, it is valid for 90
 1240  days, and if the respondent is present or there is either proof
 1241  of service or his or her location is known, the involuntary
 1242  treatment hearing shall be continued for no more than 10 court
 1243  working days. Otherwise, the petitioner and the service provider
 1244  must promptly inform the court that the respondent has been
 1245  assessed so that the court may schedule a hearing. The service
 1246  provider shall then serve the respondent, before his or her
 1247  discharge, with the notice of hearing and a copy of the
 1248  petition. The assessment must occur before the new hearing date,
 1249  and if there is evidence indicating that the respondent will not
 1250  voluntarily appear at the forthcoming hearing, or is a danger to
 1251  self or others, the court may enter a preliminary order
 1252  committing the respondent to an appropriate treatment facility
 1253  for further evaluation until the date of the rescheduled
 1254  hearing. However, if after 90 days the respondent remains
 1255  unassessed, the court shall dismiss the case.
 1256         (c)1.The respondent’s assessment by a qualified
 1257  professional must occur within 72 hours after his or her arrival
 1258  at a licensed service provider unless he or she shows signs of
 1259  withdrawal or a need to be either detoxified or treated for a
 1260  medical condition, which shall extend the amount of time the
 1261  respondent may be held for observation until that issue is
 1262  resolved. If the person conducting the assessment is not a
 1263  licensed physician, the assessment must be reviewed by a
 1264  licensed physician within the 72-hour period. If the respondent
 1265  is a minor, such assessment must be initiated within the first
 1266  12 hours after the minor’s admission to the facility. The
 1267  service provider may also move to extend the 72 hours of
 1268  observation by petitioning the court in writing for additional
 1269  time. The service provider must furnish copies of such motion to
 1270  all parties in accordance with applicable confidentiality
 1271  requirements and, after a hearing, the court may grant
 1272  additional time or expedite the respondent’s involuntary
 1273  treatment hearing. The involuntary treatment hearing, however,
 1274  may only be expedited by agreement of the parties on the hearing
 1275  date, or if there is notice and proof of service as provided in
 1276  s. 397.6955 (1) and (3). If the court grants the service
 1277  provider’s petition, the service provider may hold the
 1278  respondent until its extended assessment period expires or until
 1279  the expedited hearing date. However, if the original or extended
 1280  observation period ends on a weekend or holiday, the provider
 1281  may hold the respondent until the next court working day.
 1282         2.Upon the completion of his or her report, the qualified
 1283  professional, in accordance with applicable confidentiality
 1284  requirements, shall provide copies to the court and all relevant
 1285  parties and counsel. This report must contain a recommendation
 1286  on the level, if any, of substance abuse and, if applicable, co
 1287  occurring mental health treatment the respondent requires. The
 1288  qualified professional’s failure to include a treatment
 1289  recommendation, much like a recommendation of no treatment,
 1290  shall result in the petition’s dismissal.
 1291         (d)The court may order a law enforcement officer or other
 1292  designated agent of the court to take the respondent into
 1293  custody and transport him or her to or from the treating or
 1294  assessing service provider and the court for his or her hearing.
 1295         (2) The petitioner has the burden of proving by clear and
 1296  convincing evidence that:
 1297         (a) The respondent is substance abuse impaired, has lost
 1298  the power of self-control with respect to substance abuse, or
 1299  and has a history of lack of compliance with treatment for
 1300  substance abuse with continued substance use; and
 1301         (b) Because of such impairment, the respondent is unlikely
 1302  to voluntarily participate in the recommended services after
 1303  sufficient and conscientious explanation and disclosure of their
 1304  purpose, or is unable to determine for himself or herself
 1305  whether services are necessary and make a rational decision in
 1306  that regard; and:
 1307         (c)1. Without services, the respondent is likely to suffer
 1308  from neglect or refuse to care for himself or herself; that such
 1309  neglect or refusal poses a real and present threat of
 1310  substantial harm to his or her well-being; and that it is not
 1311  apparent that such harm may be avoided through the help of
 1312  willing, able, and responsible family members or friends or the
 1313  provision of other services; or
 1314         2. There is a substantial likelihood that in the near
 1315  future and without services, the respondent will inflict serious
 1316  harm to self or others, as evidenced by acts, omissions, or
 1317  behavior causing, attempting, or threatening such harm, which
 1318  includes, but is not limited to, significant property damage
 1319  cause serious bodily harm to himself, herself, or another in the
 1320  near future, as evidenced by recent behavior; or
 1321         2.The respondent’s refusal to voluntarily receive care is
 1322  based on judgment so impaired by reason of substance abuse that
 1323  the respondent is incapable of appreciating his or her need for
 1324  care and of making a rational decision regarding that need for
 1325  care.
 1326         (3) One of the qualified professionals who executed the
 1327  involuntary services certificate must be a witness. The court
 1328  shall allow testimony from individuals, including family
 1329  members, deemed by the court to be relevant under state law,
 1330  regarding the respondent’s prior history and how that prior
 1331  history relates to the person’s current condition. The Testimony
 1332  in the hearing must be taken under oath, and the proceedings
 1333  must be recorded. The respondent patient may refuse to testify
 1334  at the hearing.
 1335         (4)If at any point during the hearing the court has reason
 1336  to believe that the respondent, due to mental illness other than
 1337  or in addition to substance abuse impairment, is likely to
 1338  injure himself or herself or another if allowed to remain at
 1339  liberty, or otherwise meets the involuntary commitment
 1340  provisions of part I of chapter 394, the court may initiate
 1341  involuntary proceedings under such provisions.
 1342         (5)(4) At the conclusion of the hearing, the court shall
 1343  either dismiss the petition or order the respondent to receive
 1344  involuntary treatment services from his or her chosen licensed
 1345  service provider if possible and appropriate. Any treatment
 1346  order must include findings regarding the respondent’s need for
 1347  treatment and the appropriateness of other lesser restrictive
 1348  alternatives.
 1349         Section 35. Section 397.697, Florida Statutes, is amended
 1350  to read:
 1351         397.697 Court determination; effect of court order for
 1352  involuntary treatment services.—
 1353         (1)(a) When the court finds that the conditions for
 1354  involuntary treatment services have been proved by clear and
 1355  convincing evidence, it may order the respondent to receive
 1356  involuntary treatment services from a publicly funded licensed
 1357  service provider for a period not to exceed 90 days. The court
 1358  may also order a respondent to undergo treatment through a
 1359  privately funded licensed service provider if the respondent has
 1360  the ability to pay for the treatment, or if any person on the
 1361  respondent’s behalf voluntarily demonstrates a willingness and
 1362  an ability to pay for the treatment. If the court finds it
 1363  necessary, it may direct the sheriff to take the respondent into
 1364  custody and deliver him or her to the licensed service provider
 1365  specified in the court order, or to the nearest appropriate
 1366  licensed service provider, for involuntary treatment services.
 1367  When the conditions justifying involuntary treatment services no
 1368  longer exist, the individual must be released as provided in s.
 1369  397.6971. When the conditions justifying involuntary treatment
 1370  services are expected to exist after 90 days of treatment
 1371  services, a renewal of the involuntary treatment services order
 1372  may be requested pursuant to s. 397.6975 before the end of the
 1373  90-day period.
 1374         (b)To qualify for involuntary outpatient treatment, an
 1375  individual must be supported by a social worker or case manager
 1376  of a licensed service provider or a willing, able, and
 1377  responsible individual appointed by the court who shall inform
 1378  the court and parties if the respondent fails to comply with his
 1379  or her outpatient program. In addition, unless the respondent
 1380  has been involuntarily ordered into inpatient treatment under
 1381  this chapter at least twice during the last 36 months, or
 1382  demonstrates the ability to substantially comply with the
 1383  outpatient treatment while waiting for residential placement to
 1384  become available, he or she must receive an assessment from a
 1385  qualified professional or licensed physician expressly
 1386  recommending outpatient services, such services must be
 1387  available in the county in which the respondent is located, and
 1388  it must appear likely that the respondent will follow a
 1389  prescribed outpatient care plan.
 1390         (2) In all cases resulting in an order for involuntary
 1391  treatment services, the court shall retain jurisdiction over the
 1392  case and the parties for the entry of such further orders as the
 1393  circumstances may require, including, but not limited to,
 1394  monitoring compliance with treatment, changing the treatment
 1395  modality, or initiating contempt of court proceedings for
 1396  violating any valid order issued pursuant to this chapter.
 1397  Hearings under this section may be set by motion of the parties
 1398  or under the court’s own authority, and the motion and notice of
 1399  hearing for these ancillary proceedings, which include, but are
 1400  not limited to, civil contempt, must be served in accordance
 1401  with relevant court procedural rules. The court’s requirements
 1402  for notification of proposed release must be included in the
 1403  original order.
 1404         (3) An involuntary treatment services order also authorizes
 1405  the licensed service provider to require the individual to
 1406  receive treatment services that will benefit him or her,
 1407  including treatment services at any licensable service component
 1408  of a licensed service provider. While subject to the court’s
 1409  oversight, the service provider’s authority under this section
 1410  is separate and distinct from the court’s broad continuing
 1411  jurisdiction under subsection (2). Such oversight includes, but
 1412  is not limited to, submitting reports regarding the respondent’s
 1413  progress or compliance with treatment as required by the court.
 1414         (4) If the court orders involuntary treatment services, a
 1415  copy of the order must be sent to the managing entity within 1
 1416  working day after it is received from the court. Documents may
 1417  be submitted electronically through though existing data
 1418  systems, if applicable.
 1419         Section 36. Section 397.6971, Florida Statutes, is amended
 1420  to read:
 1421         397.6971 Early release from involuntary treatment
 1422  services.—
 1423         (1) At any time before the end of the 90-day involuntary
 1424  treatment services period, or before the end of any extension
 1425  granted pursuant to s. 397.6975, an individual receiving
 1426  involuntary treatment services may be determined eligible for
 1427  discharge to the most appropriate referral or disposition for
 1428  the individual when any of the following apply:
 1429         (a) The individual no longer meets the criteria for
 1430  involuntary admission and has given his or her informed consent
 1431  to be transferred to voluntary treatment status.
 1432         (b) If the individual was admitted on the grounds of
 1433  likelihood of infliction of physical harm upon himself or
 1434  herself or others, such likelihood no longer exists.
 1435         (c) If the individual was admitted on the grounds of need
 1436  for assessment and stabilization or treatment, accompanied by
 1437  inability to make a determination respecting such need:
 1438         1. Such inability no longer exists; or
 1439         2. It is evident that further treatment will not bring
 1440  about further significant improvements in the individual’s
 1441  condition.
 1442         (d) The individual is no longer needs treatment in need of
 1443  services.
 1444         (e) The director of the service provider determines that
 1445  the individual is beyond the safe management capabilities of the
 1446  provider.
 1447         (2) Whenever a qualified professional determines that an
 1448  individual admitted for involuntary treatment services qualifies
 1449  for early release under subsection (1), the service provider
 1450  shall immediately discharge the individual and must notify all
 1451  persons specified by the court in the original treatment order.
 1452         Section 37. 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 or s. 397.6957, a
 1460  petition for renewal of the involuntary treatment services order
 1461  must may be filed with the court at least 10 days before the
 1462  expiration of the court-ordered services period. The petition
 1463  may be filed by the service provider or by the person who filed
 1464  the petition for the initial treatment order if the petition is
 1465  accompanied by supporting documentation from the service
 1466  provider. The court shall immediately schedule a hearing within
 1467  10 court working to be held not more than 15 days after filing
 1468  of the petition and. The court shall provide the copy of the
 1469  petition for renewal and the notice of the hearing to all
 1470  parties and counsel to the proceeding. The hearing is conducted
 1471  pursuant to ss. 397.697 and 397.6957 and must be before the
 1472  circuit court unless referred to a magistrate s. 397.6957.
 1473         (2) If the court finds that the petition for renewal of the
 1474  involuntary treatment services order should be granted, it may
 1475  order the respondent to receive involuntary treatment services
 1476  for a period not to exceed an additional 90 days. When the
 1477  conditions justifying involuntary treatment services no longer
 1478  exist, the individual must be released as provided in s.
 1479  397.6971. When the conditions justifying involuntary treatment
 1480  services continue to exist after an additional 90 days of
 1481  treatment service, a new petition requesting renewal of the
 1482  involuntary treatment services order may be filed pursuant to
 1483  this section.
 1484         (3)Within 1 court working day after the filing of a
 1485  petition for continued involuntary services, the court shall
 1486  appoint the office of criminal conflict and civil regional
 1487  counsel to represent the respondent, unless the respondent is
 1488  otherwise represented by counsel. The clerk of the court shall
 1489  immediately notify the office of criminal conflict and civil
 1490  regional counsel of such appointment. The office of criminal
 1491  conflict and civil regional counsel shall represent the
 1492  respondent until the petition is dismissed or the court order
 1493  expires or the respondent is discharged from involuntary
 1494  services. Any attorney representing the respondent shall have
 1495  access to the respondent, witnesses, and records relevant to the
 1496  presentation of the respondent’s case and shall represent the
 1497  interests of the respondent, regardless of the source of payment
 1498  to the attorney.
 1499         (4)Hearings on petitions for continued involuntary
 1500  services shall be before the circuit court. The court may
 1501  appoint a magistrate to preside at the hearing. The procedures
 1502  for obtaining an order pursuant to this section shall be in
 1503  accordance with s. 397.697.
 1504         (5)Notice of hearing shall be provided to the respondent
 1505  or his or her counsel. The respondent and the respondent’s
 1506  counsel may agree to a period of continued involuntary services
 1507  without a court hearing.
 1508         (6)The same procedure shall be repeated before the
 1509  expiration of each additional period of involuntary services.
 1510         (7)If the respondent has previously been found incompetent
 1511  to consent to treatment, the court shall consider testimony and
 1512  evidence regarding the respondent’s competence.
 1513         Section 38. Section 397.6977, Florida Statutes, is amended
 1514  to read:
 1515         397.6977 Disposition of individual upon completion of
 1516  involuntary treatment services.—At the conclusion of the 90-day
 1517  period of court-ordered involuntary treatment services, the
 1518  respondent is automatically discharged unless a motion for
 1519  renewal of the involuntary treatment services order has been
 1520  filed with the court pursuant to s. 397.6975.
 1521         Section 39. Section 397.6978, Florida Statutes, is
 1522  repealed.
 1523  
 1524  ================= T I T L E  A M E N D M E N T ================
 1525  And the title is amended as follows:
 1526         Delete lines 2 - 192
 1527  and insert:
 1528         An act relating to mental health and substance abuse;
 1529         amending s. 394.455, F.S.; conforming a cross
 1530         reference; revising the definition of the term “mental
 1531         illness”; defining the terms “neglect or refuse to
 1532         care for himself or herself” and “real and present
 1533         threat of substantial harm”; amending s. 394.459,
 1534         F.S.; requiring that respondents with a serious mental
 1535         illness be informed of the essential elements of
 1536         recovery and be provided assistance with accessing a
 1537         continuum of care regimen; authorizing the Department
 1538         of Children and Families to adopt certain rules;
 1539         amending s. 394.4598, F.S.; conforming a cross
 1540         reference; amending s. 394.4599, F.S.; conforming
 1541         provisions to changes made by the act; amending s.
 1542         394.461, F.S.; authorizing the state to establish that
 1543         a transfer evaluation was performed by providing the
 1544         court with a copy of the evaluation before the close
 1545         of the state’s case in chief; prohibiting the court
 1546         from considering substantive information in the
 1547         transfer evaluation unless the evaluator testifies at
 1548         the hearing; amending s. 394.4615, F.S.; conforming
 1549         provisions to changes made by the act; amending s.
 1550         394.462, F.S.; conforming cross-references; amending
 1551         s. 394.4625, F.S.; providing requirements relating to
 1552         the voluntariness of admissions to a facility for
 1553         examination and treatment; providing requirements for
 1554         verifying the assent of a minor admitted to a
 1555         facility; requiring the appointment of a public
 1556         defender to review the voluntariness of a minor’s
 1557         admission to a facility; requiring the filing of a
 1558         petition for involuntary placement or release of a
 1559         minor to his or her parent or legal guardian under
 1560         certain circumstances; conforming provisions to
 1561         changes made by the act; amending s. 394.463, F.S.;
 1562         revising the requirements for when a person may be
 1563         taken to a receiving facility for involuntary
 1564         examination; requiring a facility to inform the
 1565         department of certain persons who have been examined
 1566         or committed under certain circumstances; conforming
 1567         provisions to changes made by the act; providing
 1568         criminal and civil penalties; amending s. 394.4655,
 1569         F.S.; revising the requirements for involuntary
 1570         outpatient treatment; amending s. 394.467, F.S.;
 1571         revising the requirements for when a person may be
 1572         ordered for involuntary inpatient placement; revising
 1573         requirements for continuances of hearings; revising
 1574         the conditions under which a court may waive the
 1575         requirement for a patient to be present at an
 1576         involuntary inpatient placement hearing; authorizing
 1577         the court to permit all witnesses to remotely attend
 1578         and testify at the hearing through certain means;
 1579         authorizing the state attorney to access certain
 1580         persons and records for certain purposes; specifying
 1581         such records remain confidential; revising when the
 1582         court may appoint a magistrate; revising the amount of
 1583         time a court may require a patient to receive
 1584         services; providing an exception to the prohibition on
 1585         a court ordering certain individuals to be
 1586         involuntarily placed in a state treatment facility;
 1587         conforming a cross-reference; amending ss. 394.495 and
 1588         394.496, F.S.; conforming cross-references; amending
 1589         s. 394.499, F.S.; making technical and conforming
 1590         changes; amending s. 394.9085, F.S.; conforming cross
 1591         references; amending s. 397.305, F.S.; revising the
 1592         purposes of ch. 397, F.S.; amending s. 397.311, F.S.;
 1593         revising the definition of the terms “impaired” and
 1594         “substance abuse impaired”; defining the terms
 1595         “involuntary treatment services,” “neglect or refuse
 1596         to care for himself or herself,” and “real and present
 1597         threat of substantial harm”; amending s. 397.416,
 1598         F.S.; conforming a cross-reference; amending s.
 1599         397.501, F.S.; requiring that respondents with serious
 1600         substance abuse addictions be informed of the
 1601         essential elements of recovery and provided assistance
 1602         with accessing a continuum of care regimen;
 1603         authorizing the department to adopt certain rules;
 1604         amending s. 397.675, F.S.; revising the criteria for
 1605         involuntary admissions; amending s. 397.6751, F.S.;
 1606         revising the responsibilities of a service provider;
 1607         amending s. 397.681, F.S.; requiring that the state
 1608         attorney represent the state as the real party of
 1609         interest in an involuntary proceeding, subject to
 1610         legislative appropriation; authorizing the state
 1611         attorney to access certain persons and records;
 1612         conforming provisions to changes made by the act;
 1613         repealing s. 397.6811, F.S., relating to involuntary
 1614         assessment and stabilization; repealing s. 397.6814,
 1615         F.S., relating to petitions for involuntary assessment
 1616         and stabilization; repealing s. 397.6815, F.S.,
 1617         relating to involuntary assessment and stabilization
 1618         procedures; repealing s. 397.6818, F.S., relating to
 1619         court determinations for petitions for involuntary
 1620         assessment and stabilization; repealing s. 397.6819,
 1621         F.S., relating to the responsibilities of licensed
 1622         service providers with regard to involuntary
 1623         assessment and stabilization; repealing s. 397.6821,
 1624         F.S., relating to extensions of time for completion of
 1625         involuntary assessment and stabilization; repealing s.
 1626         397.6822, F.S., relating to the disposition of
 1627         individuals after involuntary assessments; amending s.
 1628         397.693, F.S.; revising the circumstances under which
 1629         a person is eligible for court-ordered involuntary
 1630         treatment; amending s. 397.695, F.S.; authorizing the
 1631         court or clerk of the court to waive or prohibit any
 1632         service of process fees for an indigent petitioner;
 1633         amending s. 397.6951, F.S.; revising the requirements
 1634         for the contents of a petition for involuntary
 1635         treatment services; providing that a petitioner may
 1636         include a certificate or report of a qualified
 1637         professional with the petition; requiring the
 1638         certificate or report to contain certain information;
 1639         requiring that certain additional information must be
 1640         included if an emergency exists; amending s. 397.6955,
 1641         F.S.; requiring the clerk of the court to notify the
 1642         state attorney’s office upon the receipt of a petition
 1643         filed for involuntary treatment services; revising
 1644         when a hearing must be held on the petition; providing
 1645         requirements for when a petitioner asserts that
 1646         emergency circumstances exist or the court determines
 1647         that an emergency exists; amending s. 397.6957, F.S.;
 1648         expanding the exemption from the requirement that a
 1649         respondent be present at a hearing on a petition for
 1650         involuntary treatment services; authorizing the court
 1651         to order drug tests and permit all witnesses to
 1652         remotely attend and testify at the hearing through
 1653         certain means; deleting a provision requiring the
 1654         court to appoint a guardian advocate under certain
 1655         circumstances; prohibiting a respondent from being
 1656         involuntarily ordered into treatment unless certain
 1657         requirements are met; providing requirements relating
 1658         to involuntary assessment and stabilization orders;
 1659         providing requirements relating to involuntary
 1660         treatment hearings; requiring that the assessment of a
 1661         respondent occur before a specified time unless
 1662         certain requirements are met; requiring the service
 1663         provider to discharge the respondent after a specified
 1664         time unless certain requirements are met; requiring a
 1665         qualified professional to provide copies of his or her
 1666         report to the court and all relevant parties and
 1667         counsel; providing requirements for the report;
 1668         authorizing certain entities to take specified actions
 1669         based upon the involuntary assessment; authorizing a
 1670         court to order certain persons to take a respondent
 1671         into custody and transport him or her to or from
 1672         certain service providers and the court; revising the
 1673         petitioner’s burden of proof in the hearing;
 1674         authorizing the court to initiate involuntary
 1675         proceedings under certain circumstances; requiring
 1676         that, if a treatment order is issued, it must include
 1677         certain findings; amending s. 397.697, F.S.; requiring
 1678         that an individual meet certain requirements to
 1679         qualify for involuntary outpatient treatment;
 1680         specifying that certain hearings may be set by the
 1681         motion of a party or under the court’s own authority;
 1682         specifying that a service provider’s authority is
 1683         separate and distinct from the court’s jurisdiction;
 1684         amending s. 397.6971, F.S.; conforming provisions to
 1685         changes made by the act; amending s. 397.6975, F.S.;
 1686         authorizing certain entities to file a petition for
 1687         renewal of involuntary treatment; revising the
 1688         timeframe during which the court is required to
 1689         schedule a hearing; conforming provisions to changes
 1690         made by the act; amending s. 397.6977, F.S.;
 1691         conforming provisions to changes made by the act;
 1692         repealing s. 397.6978, F.S., relating to the
 1693         appointment of guardian advocates; amending ss.
 1694         409.972, 464.012,