Florida Senate - 2021                                     SB 828
       
       
        
       By Senator Book
       
       
       
       
       
       32-00424A-21                                           2021828__
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 394.455, F.S.; conforming a cross
    4         reference; defining the terms “neglect or refuse to
    5         care for himself or herself” and “real and present
    6         threat of substantial harm”; amending s. 394.459,
    7         F.S.; requiring facilities to inform respondents with
    8         a serious mental illness of the essential elements of
    9         recovery and provide them assistance in accessing a
   10         continuum of care regimen; authorizing the Department
   11         of Children and Families to adopt certain rules;
   12         amending s. 394.4598, F.S.; conforming a cross
   13         reference; amending s. 394.4599, F.S.; conforming
   14         provisions to changes made by the act; amending s.
   15         394.461, F.S.; authorizing the state to establish that
   16         a transfer evaluation was performed by providing the
   17         court with a copy of the evaluation before the close
   18         of the state’s case in chief; prohibiting the court
   19         from considering substantive information in the
   20         transfer evaluation unless the evaluator testifies at
   21         the hearing; amending s. 394.4615, F.S.; conforming
   22         provisions to changes made by the act; amending s.
   23         394.462, F.S.; conforming provisions to changes made
   24         by the act; amending s. 394.4625, F.S.; providing
   25         requirements relating to the voluntariness of
   26         admissions to a facility for examination and
   27         treatment; providing requirements for verifying the
   28         assent of a minor admitted to a facility; requiring
   29         the appointment of a public defender to review the
   30         voluntariness of a minor’s admission to a facility;
   31         requiring the filing of a petition for involuntary
   32         placement or release of a minor to his or her parent
   33         or legal guardian under certain circumstances;
   34         requiring minor patients’ assent to voluntary care to
   35         be verified in a specified manner before a transfer to
   36         voluntary status may occur; conforming provisions to
   37         changes made by the act; amending s. 394.463, F.S.;
   38         revising the requirements for when a person may be
   39         taken to a receiving facility for involuntary
   40         examination; requiring a facility to inform the
   41         department of certain persons who have been examined
   42         or committed under certain circumstances; conforming
   43         provisions to changes made by the act; providing
   44         criminal and civil penalties; amending s. 394.4655,
   45         F.S.; revising the requirements for involuntary
   46         outpatient treatment; amending s. 394.467, F.S.;
   47         revising the requirements for when a person may be
   48         ordered for involuntary inpatient placement; revising
   49         requirements for continuances of hearings; revising
   50         the conditions under which a court may waive the
   51         requirement for a patient to be present at an
   52         involuntary inpatient placement hearing; authorizing
   53         the court to permit all witnesses to attend and
   54         testify remotely at the hearing through certain means;
   55         requiring facilities to make certain clinical records
   56         available to a state attorney within a specified
   57         timeframe; specifying that such records remain
   58         confidential and may not be used for certain purposes;
   59         revising when the court may appoint a magistrate;
   60         requiring the court to allow certain testimony from
   61         individuals; revising the amount of time a court may
   62         require a patient to receive services; requiring
   63         facilities to discharge patients after the patient no
   64         longer meets the criteria for involuntary treatment;
   65         prohibiting courts from ordering that individuals with
   66         developmental disabilities be involuntary placed in a
   67         state treatment facility; requiring such individuals
   68         to be referred to certain agencies for evaluation and
   69         services; authorizing facilities to hold such
   70         individuals under certain circumstances; conforming
   71         provisions to changes made by the act; amending ss.
   72         394.495 and 394.496, F.S.; conforming provisions to
   73         changes made by the act; amending s. 394.499, F.S.;
   74         making technical and conforming changes; amending s.
   75         394.9085, F.S.; conforming cross-references; amending
   76         s. 397.305, F.S.; revising the purposes of ch. 397,
   77         F.S.; amending s. 397.311, F.S.; revising the
   78         definition of the terms “impaired” and “substance
   79         abuse impaired”; defining the terms “involuntary
   80         treatment services,” “neglect or refuse to care for
   81         himself or herself,” and “real and present threat of
   82         substantial harm”; amending s. 397.416, F.S.;
   83         conforming a cross-reference; amending s. 397.501,
   84         F.S.; requiring that respondents with serious
   85         substance use disorders be informed of the essential
   86         elements of recovery and provide them assistance with
   87         accessing a continuum of care regimen; authorizing the
   88         department to adopt certain rules; amending s.
   89         397.675, F.S.; revising the criteria for involuntary
   90         admissions; amending s. 397.6751, F.S.; revising the
   91         responsibilities of a service provider; amending s.
   92         397.681, F.S.; revising where involuntary treatment
   93         petitions for substance abuse impaired persons may be
   94         filed; revising what part of such proceedings a
   95         general or special magistrate may preside over;
   96         requiring that the state attorney represent the state
   97         as the real party of interest in an involuntary
   98         proceeding, subject to legislative appropriation;
   99         providing that the petitioner has the right to be
  100         heard; specifying that certain records obtained by a
  101         state attorney must remain confidential and may not be
  102         used for certain purposes; conforming provisions to
  103         changes made by the act; repealing s. 397.6811, F.S.,
  104         relating to involuntary assessment and stabilization;
  105         repealing s. 397.6814, F.S., relating to petitions for
  106         involuntary assessment and stabilization; repealing s.
  107         397.6815, F.S., relating to involuntary assessment and
  108         stabilization procedures; repealing s. 397.6818, F.S.,
  109         relating to court determinations for petitions for
  110         involuntary assessment and stabilization; repealing s.
  111         397.6819, F.S., relating to the responsibilities of
  112         licensed service providers with regard to involuntary
  113         assessment and stabilization; repealing s. 397.6821,
  114         F.S., relating to extensions of time for completion of
  115         involuntary assessment and stabilization; repealing s.
  116         397.6822, F.S., relating to the disposition of
  117         individuals after involuntary assessments; amending s.
  118         397.693, F.S.; revising the circumstances under which
  119         a person is eligible for court-ordered involuntary
  120         treatment; amending s. 397.695, F.S.; authorizing the
  121         court or clerk of the court to waive or prohibit any
  122         service of process fees for an indigent petitioner;
  123         amending s. 397.6951, F.S.; revising the requirements
  124         for the contents of a petition for involuntary
  125         treatment services; authorizing a petitioner to
  126         include with the petition a certificate or report of a
  127         qualified professional; requiring the certificate or
  128         report to contain certain information; requiring that
  129         certain additional information be included if an
  130         emergency exists; amending s. 397.6955, F.S.;
  131         requiring the clerk of the court to notify the state
  132         attorney’s office upon the receipt of a petition filed
  133         for involuntary treatment services; revising when the
  134         office of criminal conflict and civil regional counsel
  135         represents a person; revising when a hearing must be
  136         held on the petition; requiring law enforcement
  137         agencies to effect service for initial treatment
  138         hearings unless certain requirements are met;
  139         providing requirements for when a petitioner asserts
  140         that emergency circumstances exist or the court
  141         determines that an emergency exists; conforming
  142         provisions to changes made by the act; amending s.
  143         397.6957, F.S.; expanding the exemption from the
  144         requirement that a respondent be present at a hearing
  145         on a petition for involuntary treatment services;
  146         authorizing the court to order drug tests and permit
  147         all witnesses to remotely attend and testify at the
  148         hearing through certain means; deleting a provision
  149         requiring the court to appoint a guardian advocate
  150         under certain circumstances; prohibiting a respondent
  151         from being involuntarily ordered into treatment unless
  152         certain requirements are met; providing requirements
  153         relating to involuntary assessment and stabilization
  154         orders; providing requirements relating to involuntary
  155         treatment hearings; requiring that the assessment of a
  156         respondent occur before a specified time unless
  157         certain requirements are met; requiring the service
  158         provider to discharge the respondent after a specified
  159         time unless certain requirements are met; requiring a
  160         qualified professional to provide copies of his or her
  161         report to the court and all relevant parties and
  162         counsel; providing requirements for the report;
  163         authorizing a court to order certain persons to take a
  164         respondent into custody and transport him or her to or
  165         from certain service providers and the court; revising
  166         the petitioner’s burden of proof in the hearing;
  167         authorizing the court to initiate involuntary
  168         proceedings under certain circumstances; requiring
  169         that, if a treatment order is issued, it must include
  170         certain findings; amending s. 397.697, F.S.; requiring
  171         that an individual meet certain requirements to
  172         qualify for involuntary outpatient treatment;
  173         specifying that certain hearings may be set by the
  174         motion of a party or under the court’s own authority;
  175         specifying that a service provider’s authority is
  176         separate and distinct from the court’s jurisdiction;
  177         amending s. 397.6971, F.S.; revising when an
  178         individual receiving involuntary treatment services
  179         may be determined eligible for discharge; conforming
  180         provisions to changes made by the act; amending s.
  181         397.6975, F.S.; authorizing certain entities to file a
  182         petition for renewal of involuntary treatment;
  183         revising the timeframe during which the court is
  184         required to schedule a hearing; conforming provisions
  185         to changes made by the act; amending s. 397.6977,
  186         F.S.; conforming provisions to changes made by the
  187         act; repealing s. 397.6978, F.S., relating to the
  188         appointment of guardian advocates; amending ss.
  189         409.972, 464.012, 744.2007, and 790.065, F.S.;
  190         conforming cross-references; providing an effective
  191         date.
  192          
  193  Be It Enacted by the Legislature of the State of Florida:
  194  
  195         Section 1. Present subsections (32) through (39) and (40)
  196  through (49) of section 394.455, Florida Statutes, are
  197  redesignated as subsections (33) through (40) and (42) through
  198  (51), respectively, new subsections (32) and (41) are added to
  199  that section, and subsection (23) of that section is amended, to
  200  read:
  201         394.455 Definitions.—As used in this part, the term:
  202         (23) “Involuntary examination” means an examination
  203  performed under s. 394.463, s. 397.6772, s. 397.679, s.
  204  397.6798, or s. 397.6957 s. 397.6811 to determine whether a
  205  person qualifies for involuntary services.
  206         (32)“Neglect or refuse to care for himself or herself”
  207  includes, but is not limited to, evidence that a person:
  208         (a)Is unable to satisfy basic needs for nourishment,
  209  clothing, medical care, shelter, or safety in a manner that
  210  creates a substantial probability of imminent death, serious
  211  physical debilitation, or disease; or
  212         (b)Is substantially unable to make an informed treatment
  213  choice and needs care or treatment to prevent deterioration.
  214         (41)“Real and present threat of substantial harm”
  215  includes, but is not limited to, evidence of a substantial
  216  probability that the untreated person will:
  217         (a)Lack, refuse, or not receive services for health and
  218  safety which are actually available in the community; or
  219         (b)Suffer severe mental, emotional, or physical harm that
  220  will result in the loss of his or her ability to function in the
  221  community or the loss of cognitive or volitional control over
  222  thoughts or actions.
  223         Section 2. Subsection (13) is added to section 394.459,
  224  Florida Statutes, to read:
  225         394.459 Rights of patients.—
  226         (13)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, the
  227  facility must inform a respondent with a serious mental illness
  228  of the essential elements of recovery and provide assistance
  229  with accessing a continuum of care regimen. The department may
  230  adopt rules specifying the services that may be provided to such
  231  respondents.
  232         Section 3. Subsection (1) of section 394.4598, Florida
  233  Statutes, is amended to read:
  234         394.4598 Guardian advocate.—
  235         (1) The administrator may petition the court for the
  236  appointment of a guardian advocate based upon the opinion of a
  237  psychiatrist that the patient is incompetent to consent to
  238  treatment. If the court finds that a patient is incompetent to
  239  consent to treatment and has not been adjudicated incapacitated
  240  and a guardian with the authority to consent to mental health
  241  treatment appointed, it shall appoint a guardian advocate. The
  242  patient has the right to have an attorney represent him or her
  243  at the hearing. If the person is indigent, the court shall
  244  appoint the office of the public defender to represent him or
  245  her at the hearing. The patient has the right to testify, cross
  246  examine witnesses, and present witnesses. The proceeding shall
  247  be recorded either electronically or stenographically, and
  248  testimony shall be provided under oath. One of the professionals
  249  authorized to give an opinion in support of a petition for
  250  involuntary placement, as described in s. 394.4655 or s.
  251  394.467, must testify. A guardian advocate must meet the
  252  qualifications of a guardian contained in part IV of chapter
  253  744, except that a professional referred to in this part, an
  254  employee of the facility providing direct services to the
  255  patient under this part, a departmental employee, a facility
  256  administrator, or member of the Florida local advocacy council
  257  shall not be appointed. A person who is appointed as a guardian
  258  advocate must agree to the appointment.
  259         Section 4. Paragraph (d) of subsection (2) of section
  260  394.4599, Florida Statutes, is amended to read:
  261         394.4599 Notice.—
  262         (2) INVOLUNTARY ADMISSION.—
  263         (d) The written notice of the filing of the petition for
  264  involuntary services for an individual being held must contain
  265  the following:
  266         1. Notice that the petition for:
  267         a. Involuntary inpatient treatment pursuant to s. 394.467
  268  has been filed with the circuit court in the county in which the
  269  individual is hospitalized and the address of such court; or
  270         b. Involuntary outpatient services pursuant to s. 394.4655
  271  has been filed with the criminal county court, as defined in s.
  272  394.4655(1), or the circuit court, as applicable, in the county
  273  in which the individual is hospitalized and the address of such
  274  court.
  275         2. Notice that the office of the public defender has been
  276  appointed to represent the individual in the proceeding, if the
  277  individual is not otherwise represented by counsel.
  278         3. The date, time, and place of the hearing and the name of
  279  each examining expert and every other person expected to testify
  280  in support of continued detention.
  281         4. Notice that the individual, the individual’s guardian,
  282  guardian advocate, health care surrogate or proxy, or
  283  representative, or the administrator may apply for a change of
  284  venue for the convenience of the parties or witnesses or because
  285  of the condition of the individual.
  286         5. Notice that the individual is entitled to an independent
  287  expert examination and, if the individual cannot afford such an
  288  examination, that the court will provide for one.
  289         Section 5. Subsection (2) of section 394.461, Florida
  290  Statutes, is amended to read:
  291         394.461 Designation of receiving and treatment facilities
  292  and receiving systems.—The department is authorized to designate
  293  and monitor receiving facilities, treatment facilities, and
  294  receiving systems and may suspend or withdraw such designation
  295  for failure to comply with this part and rules adopted under
  296  this part. Unless designated by the department, facilities are
  297  not permitted to hold or treat involuntary patients under this
  298  part.
  299         (2) TREATMENT FACILITY.—The department may designate any
  300  state-owned, state-operated, or state-supported facility as a
  301  state treatment facility. A civil patient shall not be admitted
  302  to a state treatment facility without previously undergoing a
  303  transfer evaluation. Before the close of the state’s case in
  304  chief in a court hearing for involuntary placement in a state
  305  treatment facility, the state may establish that the transfer
  306  evaluation was performed and the document properly executed by
  307  providing the court with a copy of the transfer evaluation. The
  308  court may not shall receive and consider the substantive
  309  information documented in the transfer evaluation unless the
  310  evaluator testifies at the hearing. Any other facility,
  311  including a private facility or a federal facility, may be
  312  designated as a treatment facility by the department, provided
  313  that such designation is agreed to by the appropriate governing
  314  body or authority of the facility.
  315         Section 6. Subsection (3) of section 394.4615, Florida
  316  Statutes, is amended to read:
  317         394.4615 Clinical records; confidentiality.—
  318         (3) Information from the clinical record may be released in
  319  the following circumstances:
  320         (a) When a patient has communicated to a service provider a
  321  specific threat to cause serious bodily injury or death to an
  322  identified or a readily available person, if the service
  323  provider reasonably believes, or should reasonably believe
  324  according to the standards of his or her profession, that the
  325  patient has the apparent intent and ability to imminently or
  326  immediately carry out such threat. When such communication has
  327  been made, the administrator may authorize the release of
  328  sufficient information to provide adequate warning to the person
  329  threatened with harm by the patient.
  330         (b) When the administrator of the facility or secretary of
  331  the department deems release to a qualified researcher as
  332  defined in administrative rule, an aftercare treatment provider,
  333  or an employee or agent of the department is necessary for
  334  treatment of the patient, maintenance of adequate records,
  335  compilation of treatment data, aftercare planning, or evaluation
  336  of programs.
  337  
  338  For the purpose of determining whether a person meets the
  339  criteria for involuntary outpatient placement or for preparing
  340  the proposed treatment plan pursuant to s. 394.4655, the
  341  clinical record may be released to the state attorney, the
  342  public defender or the patient’s private legal counsel, the
  343  court, and to the appropriate mental health professionals,
  344  including the service provider identified in s.
  345  394.4655(7)(b)2., in accordance with state and federal law.
  346         Section 7. Section 394.462, Florida Statutes, is amended to
  347  read:
  348         394.462 Transportation.—A transportation plan shall be
  349  developed and implemented by each county in collaboration with
  350  the managing entity in accordance with this section. A county
  351  may enter into a memorandum of understanding with the governing
  352  boards of nearby counties to establish a shared transportation
  353  plan. When multiple counties enter into a memorandum of
  354  understanding for this purpose, the counties shall notify the
  355  managing entity and provide it with a copy of the agreement. The
  356  transportation plan shall describe methods of transport to a
  357  facility within the designated receiving system for individuals
  358  subject to involuntary examination under s. 394.463 or
  359  involuntary admission under s. 397.6772, s. 397.679, s.
  360  397.6798, or s. 397.6957 s. 397.6811, and may identify
  361  responsibility for other transportation to a participating
  362  facility when necessary and agreed to by the facility. The plan
  363  may rely on emergency medical transport services or private
  364  transport companies, as appropriate. The plan shall comply with
  365  the transportation provisions of this section and ss. 397.6772,
  366  397.6795, 397.6822, and 397.697.
  367         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  368         (a) Each county shall designate a single law enforcement
  369  agency within the county, or portions thereof, to take a person
  370  into custody upon the entry of an ex parte order or the
  371  execution of a certificate for involuntary examination by an
  372  authorized professional and to transport that person to the
  373  appropriate facility within the designated receiving system
  374  pursuant to a transportation plan.
  375         (b)1. The designated law enforcement agency may decline to
  376  transport the person to a receiving facility only if:
  377         a. The jurisdiction designated by the county has contracted
  378  on an annual basis with an emergency medical transport service
  379  or private transport company for transportation of persons to
  380  receiving facilities pursuant to this section at the sole cost
  381  of the county; and
  382         b. The law enforcement agency and the emergency medical
  383  transport service or private transport company agree that the
  384  continued presence of law enforcement personnel is not necessary
  385  for the safety of the person or others.
  386         2. The entity providing transportation may seek
  387  reimbursement for transportation expenses. The party responsible
  388  for payment for such transportation is the person receiving the
  389  transportation. The county shall seek reimbursement from the
  390  following sources in the following order:
  391         a. From a private or public third-party payor, if the
  392  person receiving the transportation has applicable coverage.
  393         b. From the person receiving the transportation.
  394         c. From a financial settlement for medical care, treatment,
  395  hospitalization, or transportation payable or accruing to the
  396  injured party.
  397         (c) A company that transports a patient pursuant to this
  398  subsection is considered an independent contractor and is solely
  399  liable for the safe and dignified transport of the patient. Such
  400  company must be insured and provide no less than $100,000 in
  401  liability insurance with respect to the transport of patients.
  402         (d) Any company that contracts with a governing board of a
  403  county to transport patients shall comply with the applicable
  404  rules of the department to ensure the safety and dignity of
  405  patients.
  406         (e) When a law enforcement officer takes custody of a
  407  person pursuant to this part, the officer may request assistance
  408  from emergency medical personnel if such assistance is needed
  409  for the safety of the officer or the person in custody.
  410         (f) When a member of a mental health overlay program or a
  411  mobile crisis response service is a professional authorized to
  412  initiate an involuntary examination pursuant to s. 394.463 or s.
  413  397.675 and that professional evaluates a person and determines
  414  that transportation to a receiving facility is needed, the
  415  service, at its discretion, may transport the person to the
  416  facility or may call on the law enforcement agency or other
  417  transportation arrangement best suited to the needs of the
  418  patient.
  419         (g) When any law enforcement officer has custody of a
  420  person based on either noncriminal or minor criminal behavior
  421  that meets the statutory guidelines for involuntary examination
  422  pursuant to s. 394.463, the law enforcement officer shall
  423  transport the person to the appropriate facility within the
  424  designated receiving system pursuant to a transportation plan.
  425  Persons who meet the statutory guidelines for involuntary
  426  admission pursuant to s. 397.675 may also be transported by law
  427  enforcement officers to the extent resources are available and
  428  as otherwise provided by law. Such persons shall be transported
  429  to an appropriate facility within the designated receiving
  430  system pursuant to a transportation plan.
  431         (h) When any law enforcement officer has arrested a person
  432  for a felony and it appears that the person meets the statutory
  433  guidelines for involuntary examination or placement under this
  434  part, such person must first be processed in the same manner as
  435  any other criminal suspect. The law enforcement agency shall
  436  thereafter immediately notify the appropriate facility within
  437  the designated receiving system pursuant to a transportation
  438  plan. The receiving facility shall be responsible for promptly
  439  arranging for the examination and treatment of the person. A
  440  receiving facility is not required to admit a person charged
  441  with a crime for whom the facility determines and documents that
  442  it is unable to provide adequate security, but shall provide
  443  examination and treatment to the person where he or she is held.
  444         (i) If the appropriate law enforcement officer believes
  445  that a person has an emergency medical condition as defined in
  446  s. 395.002, the person may be first transported to a hospital
  447  for emergency medical treatment, regardless of whether the
  448  hospital is a designated receiving facility.
  449         (j) The costs of transportation, evaluation,
  450  hospitalization, and treatment incurred under this subsection by
  451  persons who have been arrested for violations of any state law
  452  or county or municipal ordinance may be recovered as provided in
  453  s. 901.35.
  454         (k) The appropriate facility within the designated
  455  receiving system pursuant to a transportation plan must accept
  456  persons brought by law enforcement officers, or an emergency
  457  medical transport service or a private transport company
  458  authorized by the county, for involuntary examination pursuant
  459  to s. 394.463.
  460         (l) The appropriate facility within the designated
  461  receiving system pursuant to a transportation plan must provide
  462  persons brought by law enforcement officers, or an emergency
  463  medical transport service or a private transport company
  464  authorized by the county, pursuant to s. 397.675, a basic
  465  screening or triage sufficient to refer the person to the
  466  appropriate services.
  467         (m) Each law enforcement agency designated pursuant to
  468  paragraph (a) shall establish a policy that reflects a single
  469  set of protocols for the safe and secure transportation and
  470  transfer of custody of the person. Each law enforcement agency
  471  shall provide a copy of the protocols to the managing entity.
  472         (n) When a jurisdiction has entered into a contract with an
  473  emergency medical transport service or a private transport
  474  company for transportation of persons to facilities within the
  475  designated receiving system, such service or company shall be
  476  given preference for transportation of persons from nursing
  477  homes, assisted living facilities, adult day care centers, or
  478  adult family-care homes, unless the behavior of the person being
  479  transported is such that transportation by a law enforcement
  480  officer is necessary.
  481         (o) This section may not be construed to limit emergency
  482  examination and treatment of incapacitated persons provided in
  483  accordance with s. 401.445.
  484         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  485         (a) If neither the patient nor any person legally obligated
  486  or responsible for the patient is able to pay for the expense of
  487  transporting a voluntary or involuntary patient to a treatment
  488  facility, the transportation plan established by the governing
  489  board of the county or counties must specify how the
  490  hospitalized patient will be transported to, from, and between
  491  facilities in a safe and dignified manner.
  492         (b) A company that transports a patient pursuant to this
  493  subsection is considered an independent contractor and is solely
  494  liable for the safe and dignified transportation of the patient.
  495  Such company must be insured and provide no less than $100,000
  496  in liability insurance with respect to the transport of
  497  patients.
  498         (c) A company that contracts with one or more counties to
  499  transport patients in accordance with this section shall comply
  500  with the applicable rules of the department to ensure the safety
  501  and dignity of patients.
  502         (d) County or municipal law enforcement and correctional
  503  personnel and equipment may not be used to transport patients
  504  adjudicated incapacitated or found by the court to meet the
  505  criteria for involuntary placement pursuant to s. 394.467,
  506  except in small rural counties where there are no cost-efficient
  507  alternatives.
  508         (3) TRANSFER OF CUSTODY.—Custody of a person who is
  509  transported pursuant to this part, along with related
  510  documentation, shall be relinquished to a responsible individual
  511  at the appropriate receiving or treatment facility.
  512         Section 8. Subsections (1) and (4) of section 394.4625,
  513  Florida Statutes, are amended to read:
  514         394.4625 Voluntary admissions.—
  515         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
  516  PATIENTS.—
  517         (a) In order to be admitted to a facility on a voluntary
  518  basis, a person must show evidence of a mental illness and be
  519  suitable for treatment by the facility.
  520         1.If the person is an adult, he or she must be competent
  521  to provide his or her express and informed consent in writing to
  522  the facility.
  523         2.A minor may be admitted to a facility only on the basis
  524  of the express and informed consent of the minor’s parent or
  525  legal guardian in conjunction with the minor’s assent.
  526         a.The minor’s assent is an affirmative agreement by the
  527  minor to remain at the facility for examination and treatment.
  528  The minor’s failure to object is not assent for purposes of this
  529  subparagraph.
  530         b.The minor’s assent must be verified through a clinical
  531  assessment that is documented in the minor’s clinical record and
  532  conducted within 12 hours after arrival at the facility by a
  533  licensed professional authorized to initiate an involuntary
  534  examination under s. 394.463.
  535         c.In verifying the minor’s assent, the examining
  536  professional must first provide the minor with an explanation as
  537  to why the minor will be examined and treated, what the minor
  538  can expect while in the facility, and when the minor may expect
  539  to be released, using language that is appropriate to the
  540  minor’s age, experience, maturity, and condition. The examining
  541  professional must determine and document that the minor is able
  542  to understand this information.
  543         d.The facility must advise the minor of his or her right
  544  to request and have access to legal counsel.
  545         e.The facility administrator must file with the court a
  546  notice of a minor’s voluntary placement within 1 court working
  547  day after the minor’s admission to the facility.
  548         f.The court shall appoint a public defender who may review
  549  the voluntariness of the minor’s admission to the facility and
  550  further verify his or her assent. The public defender may
  551  interview and represent the minor and shall have access to all
  552  relevant witnesses and records. If the public defender does not
  553  review the voluntariness of the admission, the clinical
  554  assessment of the minor’s assent shall serve as verification of
  555  assent.
  556         g.Unless the minor’s assent is verified pursuant to this
  557  subparagraph, a petition for involuntary placement must be filed
  558  with the court or the minor must be released to his or her
  559  parent or legal guardian within 24 hours after arriving at the
  560  facility A facility may receive for observation, diagnosis, or
  561  treatment any person 18 years of age or older making application
  562  by express and informed consent for admission or any person age
  563  17 or under for whom such application is made by his or her
  564  guardian. If found to show evidence of mental illness, to be
  565  competent to provide express and informed consent, and to be
  566  suitable for treatment, such person 18 years of age or older may
  567  be admitted to the facility. A person age 17 or under may be
  568  admitted only after a hearing to verify the voluntariness of the
  569  consent.
  570         (b) A mental health overlay program or a mobile crisis
  571  response service or a licensed professional who is authorized to
  572  initiate an involuntary examination pursuant to s. 394.463 and
  573  is employed by a community mental health center or clinic must,
  574  pursuant to district procedure approved by the respective
  575  district administrator, conduct an initial assessment of the
  576  ability of the following persons to give express and informed
  577  consent to treatment before such persons may be admitted
  578  voluntarily:
  579         1. A person 60 years of age or older for whom transfer is
  580  being sought from a nursing home, assisted living facility,
  581  adult day care center, or adult family-care home, when such
  582  person has been diagnosed as suffering from dementia.
  583         2. A person 60 years of age or older for whom transfer is
  584  being sought from a nursing home pursuant to s. 400.0255(12).
  585         3. A person for whom all decisions concerning medical
  586  treatment are currently being lawfully made by the health care
  587  surrogate or proxy designated under chapter 765.
  588         (c) When an initial assessment of the ability of a person
  589  to give express and informed consent to treatment is required
  590  under this section, and a mobile crisis response service does
  591  not respond to the request for an assessment within 2 hours
  592  after the request is made or informs the requesting facility
  593  that it will not be able to respond within 2 hours after the
  594  request is made, the requesting facility may arrange for
  595  assessment by any licensed professional authorized to initiate
  596  an involuntary examination pursuant to s. 394.463 who is not
  597  employed by or under contract with, and does not have a
  598  financial interest in, either the facility initiating the
  599  transfer or the receiving facility to which the transfer may be
  600  made.
  601         (d) A facility may not admit as a voluntary patient a
  602  person who has been adjudicated incapacitated, unless the
  603  condition of incapacity has been judicially removed. If a
  604  facility admits as a voluntary patient a person who is later
  605  determined to have been adjudicated incapacitated, and the
  606  condition of incapacity had not been removed by the time of the
  607  admission, the facility must either discharge the patient or
  608  transfer the patient to involuntary status.
  609         (e) The health care surrogate or proxy of a voluntary
  610  patient may not consent to the provision of mental health
  611  treatment for the patient. A voluntary patient who is unwilling
  612  or unable to provide express and informed consent to mental
  613  health treatment must either be discharged or transferred to
  614  involuntary status.
  615         (f) Within 24 hours after admission of a voluntary patient,
  616  the admitting physician shall document in the patient’s clinical
  617  record that the patient is able to give express and informed
  618  consent for admission. If the patient is not able to give
  619  express and informed consent for admission, the facility shall
  620  either discharge the patient or transfer the patient to
  621  involuntary status pursuant to subsection (5).
  622         (4) TRANSFER TO VOLUNTARY STATUS.—An involuntary patient
  623  who applies to be transferred to voluntary status shall be
  624  transferred to voluntary status immediately, unless the patient
  625  has been charged with a crime, or has been involuntarily placed
  626  for treatment by a court pursuant to s. 394.467 and continues to
  627  meet the criteria for involuntary placement. When transfer to
  628  voluntary status occurs, notice shall be given as provided in s.
  629  394.4599, and if the patient is a minor, the minor’s assent to
  630  voluntary care must be verified through the procedures under
  631  subparagraph (1)(a)2. before the transfer to voluntary status
  632  may occur.
  633         Section 9. Subsection (1) and paragraphs (a), (g), and (h)
  634  of subsection (2) of section 394.463, Florida Statutes, are
  635  amended, and subsection (5) is added to that section, to read:
  636         394.463 Involuntary examination.—
  637         (1) CRITERIA.—A person may be taken to a receiving facility
  638  for involuntary examination if there is reason to believe that
  639  the person has a mental illness and because of his or her mental
  640  illness:
  641         (a)1. The person has refused voluntary examination after
  642  conscientious explanation and disclosure of the purpose of the
  643  examination; or
  644         2. The person is unable to determine for himself or herself
  645  whether examination is necessary; and
  646         (b)1. Without care or treatment, the person is likely to
  647  suffer from neglect or refuse to care for himself or herself;
  648  such neglect or refusal poses a real and present threat of
  649  substantial harm to his or her well-being; and it is not
  650  apparent that such harm may be avoided through the help of
  651  willing, able, and responsible family members or friends or the
  652  provision of other services; or
  653         2. There is a substantial likelihood that in the near
  654  future and without care or treatment, the person will inflict
  655  serious cause serious bodily harm to self himself or herself or
  656  others in the near future, as evidenced by recent acts,
  657  omissions, or behavior causing, attempting, or threatening such
  658  harm, which includes, but is not limited to, significant
  659  property damage.
  660         (2) INVOLUNTARY EXAMINATION.—
  661         (a) An involuntary examination may be initiated by any one
  662  of the following means:
  663         1. A circuit or county court may enter an ex parte order
  664  stating that a person appears to meet the criteria for
  665  involuntary examination and specifying the findings on which
  666  that conclusion is based. The ex parte order for involuntary
  667  examination must be based on written or oral sworn testimony
  668  that includes specific facts that support the findings. If other
  669  less restrictive means are not available, such as voluntary
  670  appearance for outpatient evaluation, a law enforcement officer,
  671  or other designated agent of the court, shall take the person
  672  into custody and deliver him or her to an appropriate, or the
  673  nearest, facility within the designated receiving system
  674  pursuant to s. 394.462 for involuntary examination. The order of
  675  the court shall be made a part of the patient’s clinical record.
  676  A fee may not be charged for the filing of an order under this
  677  subsection. A facility accepting the patient based on this order
  678  must send a copy of the order to the department within 5 working
  679  days. The order may be submitted electronically through existing
  680  data systems, if available. The order shall be valid only until
  681  the person is delivered to the facility or for the period
  682  specified in the order itself, whichever comes first. If a time
  683  limit is not specified in the order, the order is valid for 7
  684  days after the date that the order was signed.
  685         2. A law enforcement officer may shall take a person who
  686  appears to meet the criteria for involuntary examination into
  687  custody and deliver the person or have him or her delivered to
  688  an appropriate, or the nearest, facility within the designated
  689  receiving system pursuant to s. 394.462 for examination. The
  690  officer shall execute a written report detailing the
  691  circumstances under which the person was taken into custody,
  692  which must be made a part of the patient’s clinical record. Any
  693  facility accepting the patient based on this report must send a
  694  copy of the report to the department within 5 working days.
  695         3. A physician, a clinical psychologist, a psychiatric
  696  nurse, an advanced practice registered nurse registered under s.
  697  464.0123, a mental health counselor, a marriage and family
  698  therapist, or a clinical social worker may execute a certificate
  699  stating that he or she has examined a person within the
  700  preceding 48 hours and finds that the person appears to meet the
  701  criteria for involuntary examination and stating the
  702  observations upon which that conclusion is based. If other less
  703  restrictive means, such as voluntary appearance for outpatient
  704  evaluation, are not available, a law enforcement officer shall
  705  take into custody the person named in the certificate and
  706  deliver him or her to the appropriate, or nearest, facility
  707  within the designated receiving system pursuant to s. 394.462
  708  for involuntary examination. The law enforcement officer shall
  709  execute a written report detailing the circumstances under which
  710  the person was taken into custody. The report and certificate
  711  shall be made a part of the patient’s clinical record. Any
  712  facility accepting the patient based on this certificate must
  713  send a copy of the certificate to the department within 5
  714  working days. The document may be submitted electronically
  715  through existing data systems, if applicable.
  716  
  717  When sending the order, report, or certificate to the
  718  department, a facility shall, at a minimum, provide information
  719  about which action was taken regarding the patient under
  720  paragraph (g), which information shall also be made a part of
  721  the patient’s clinical record.
  722         (g) The examination period must be for up to 72 hours. For
  723  a minor, the examination shall be initiated within 12 hours
  724  after the patient’s arrival at the facility. The facility must
  725  inform the department of any person who has been examined or
  726  committed three or more times under this chapter within a 12
  727  month period. Within the examination period or, if the
  728  examination period ends on a weekend or holiday, no later than
  729  the next working day thereafter, one of the following actions
  730  must be taken, based on the individual needs of the patient:
  731         1. The patient shall be released, unless he or she is
  732  charged with a crime, in which case the patient shall be
  733  returned to the custody of a law enforcement officer;
  734         2. The patient shall be released, subject to subparagraph
  735  1., for voluntary outpatient treatment;
  736         3. The patient, unless he or she is charged with a crime,
  737  shall be asked to give express and informed consent to placement
  738  as a voluntary patient and, if such consent is given, the
  739  patient shall be admitted as a voluntary patient; or
  740         4. A petition for involuntary services shall be filed in
  741  the circuit court if inpatient treatment is deemed necessary or
  742  with the criminal county court, as described in s. 394.4655
  743  defined in s. 394.4655(1), as applicable. When inpatient
  744  treatment is deemed necessary, the least restrictive treatment
  745  consistent with the optimum improvement of the patient’s
  746  condition shall be made available. The petition When a petition
  747  is to be filed for involuntary outpatient placement, it shall be
  748  filed by one of the petitioners specified in s. 394.4655(4)(a).
  749  A petition for involuntary inpatient placement shall be filed by
  750  the facility administrator.
  751         (h) A person for whom an involuntary examination has been
  752  initiated who is being evaluated or treated at a hospital for an
  753  emergency medical condition specified in s. 395.002 must be
  754  examined by a facility within the examination period specified
  755  in paragraph (g). The examination period begins when the patient
  756  arrives at the hospital and ceases when the attending physician
  757  documents that the patient has an emergency medical condition.
  758  If the patient is examined at a hospital providing emergency
  759  medical services by a professional qualified to perform an
  760  involuntary examination and is found as a result of that
  761  examination not to meet the criteria for involuntary outpatient
  762  services pursuant to s. 394.4655 s. 394.4655(2) or involuntary
  763  inpatient placement pursuant to s. 394.467(1), the patient may
  764  be offered voluntary services or placement, if appropriate, or
  765  released directly from the hospital providing emergency medical
  766  services. The finding by the professional that the patient has
  767  been examined and does not meet the criteria for involuntary
  768  inpatient services or involuntary outpatient placement must be
  769  entered into the patient’s clinical record. This paragraph is
  770  not intended to prevent a hospital providing emergency medical
  771  services from appropriately transferring a patient to another
  772  hospital before stabilization if the requirements of s.
  773  395.1041(3)(c) have been met.
  774         (5)UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND
  775  TREATMENT; PENALTIES.—
  776         (a)Knowingly furnishing false information for the purpose
  777  of obtaining emergency or other involuntary admission for any
  778  person is a misdemeanor of the first degree, punishable as
  779  provided in s. 775.082 and by a fine not exceeding $5,000.
  780         (b)Causing or otherwise securing, or conspiring with or
  781  assisting another to cause or secure, without reason for
  782  believing a person to be impaired, any emergency or other
  783  involuntary procedure for the person is a misdemeanor of the
  784  first degree, punishable as provided in s. 775.082 and by a fine
  785  not exceeding $5,000.
  786         (c)Causing, or conspiring with or assisting another to
  787  cause, the denial to any person of any right accorded pursuant
  788  to this chapter is a misdemeanor of the first degree, punishable
  789  as provided in s. 775.082 and by a fine not exceeding $5,000.
  790         Section 10. Section 394.4655, Florida Statutes, is amended
  791  to read:
  792         (Substantial rewording of section. See
  793         s. 394.4655, F.S., for present text.)
  794         394.4655Involuntary outpatient services.—
  795         (1)(a)The court may order a respondent into outpatient
  796  treatment for up to 6 months if, during a hearing under s.
  797  394.467, it is established that the respondent meets involuntary
  798  placement criteria and:
  799         1.Has been jailed or incarcerated, has been involuntarily
  800  admitted to a receiving or treatment facility as defined in s.
  801  394.455, or has received mental health services in a forensic or
  802  correctional facility at least twice during the last 36 months;
  803         2.The outpatient treatment is provided in the county in
  804  which the respondent resides or, if being placed from a state
  805  treatment facility, will reside; and
  806         3.The respondent’s treating physician certifies, within a
  807  reasonable degree of medical probability, that the respondent:
  808         a.Can be appropriately treated on an outpatient basis; and
  809         b.Can follow a prescribed treatment plan.
  810         (b)For the duration of his or her treatment, the
  811  respondent must be supported by a social worker or case manager
  812  of the outpatient provider, or a willing, able, and responsible
  813  individual appointed by the court who must inform the court,
  814  state attorney, and public defender of any failure by the
  815  respondent to comply with his or her outpatient program.
  816         (2)The court shall retain jurisdiction over the case and
  817  parties for the entry of such further orders after a hearing as
  818  the circumstances may require. Such jurisdiction includes, but
  819  is not limited to, ordering inpatient treatment to stabilize a
  820  respondent who decompensates during his or her up to 6-month
  821  period of court-ordered treatment and meets the commitment
  822  criteria of s. 394.467.
  823         (3)A criminal county court exercising its original
  824  jurisdiction in a misdemeanor case under s. 34.01 may order a
  825  person who meets the commitment criteria into involuntary
  826  outpatient services.
  827         Section 11. Subsections (1) and (5) and paragraphs (a),
  828  (b), and (c) of subsection (6) of section 394.467, Florida
  829  Statutes, are amended to read:
  830         394.467 Involuntary inpatient placement.—
  831         (1) CRITERIA.—A person may be ordered for involuntary
  832  inpatient placement for treatment upon a finding of the court by
  833  clear and convincing evidence that:
  834         (a) He or she has a mental illness and because of his or
  835  her mental illness:
  836         1.a. He or she has refused voluntary inpatient placement
  837  for treatment after sufficient and conscientious explanation and
  838  disclosure of the purpose of inpatient placement for treatment;
  839  or
  840         b. He or she is unable to determine for himself or herself
  841  whether inpatient placement is necessary; and
  842         2.a. He or she is incapable of surviving alone or with the
  843  help of willing, able, and responsible family or friends,
  844  including available alternative services, and, without
  845  treatment, is likely to suffer from neglect or refuse to care
  846  for himself or herself, and such neglect or refusal poses a real
  847  and present threat of substantial harm to his or her well-being;
  848  or
  849         b. There is substantial likelihood that in the near future
  850  and without services he or she will inflict serious bodily harm
  851  to on self or others, as evidenced by recent acts, omissions, or
  852  behavior causing, attempting, or threatening such harm, which
  853  includes, but is not limited to, significant property damage;
  854  and
  855         (b) All available less restrictive treatment alternatives
  856  that would offer an opportunity for improvement of his or her
  857  condition have been judged to be inappropriate.
  858         (5) CONTINUANCE OF HEARING.—The patient and the state are
  859  independently entitled is entitled, with the concurrence of the
  860  patient’s counsel, to at least one continuance of the hearing.
  861  The patient’s continuance may be for a period of for up to 4
  862  weeks and requires the concurrence of his or her counsel. The
  863  state’s continuance may be for a period of up to 5 court working
  864  days and requires a showing of good cause and due diligence by
  865  the state before requesting the continuance. The state’s failure
  866  to timely review any readily available document or failure to
  867  attempt to contact a known witness does not warrant a
  868  continuance.
  869         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
  870         (a)1. The court shall hold the hearing on involuntary
  871  inpatient placement within 5 court working days, unless a
  872  continuance is granted.
  873         2. Except for good cause documented in the court file, the
  874  hearing must be held in the county or the facility, as
  875  appropriate, where the patient is located, must be as convenient
  876  to the patient as is consistent with orderly procedure, and
  877  shall be conducted in physical settings not likely to be
  878  injurious to the patient’s condition. If the court finds that
  879  the patient’s attendance at the hearing is not consistent with
  880  the best interests of, or is likely to be injurious to, the
  881  patient, or the patient knowingly, intelligently, and
  882  voluntarily waives his or her right to be present, and the
  883  patient’s counsel does not object, the court may waive the
  884  presence of the patient from all or any portion of the hearing.
  885  Absent a showing of good cause, such as specific symptoms of the
  886  respondent’s condition, the court may permit all witnesses,
  887  including, but not limited to, any medical professionals or
  888  personnel who are or have been involved with the patient’s
  889  treatment, to remotely attend and testify at the hearing under
  890  oath via the most appropriate and convenient technological
  891  method of communication available to the court, including, but
  892  not limited to, teleconference. Any witness intending to
  893  remotely attend and testify at the hearing must provide the
  894  parties with all relevant documents by the close of business on
  895  the day before the hearing. The state attorney for the circuit
  896  in which the patient is located shall represent the state,
  897  rather than the petitioning facility administrator, as the real
  898  party in interest in the proceeding. The facility shall make the
  899  respondent’s clinical records available to the state attorney
  900  within 24 hours of the involuntary placement petition’s filing
  901  so that the state can evaluate and prepare its case before the
  902  hearing. However, these records shall remain confidential, and
  903  the state attorney may not use any record obtained under this
  904  part for criminal investigation or prosecution purposes, or for
  905  any purpose other than the patient’s civil commitment under this
  906  chapter.
  907         3. The court may appoint a magistrate to preside at the
  908  hearing on the petition and any ancillary proceedings thereto,
  909  which include, but are not limited to, writs of habeas corpus
  910  issued pursuant to s. 394.459(8). One of the professionals who
  911  executed the petition for involuntary inpatient placement
  912  certificate shall be a witness. The court shall allow testimony
  913  deemed relevant by the court under state law from individuals,
  914  including family members, regarding the person’s prior history
  915  and how that history relates to the person’s current condition.
  916  The patient and the patient’s guardian or representative shall
  917  be informed by the court of the right to an independent expert
  918  examination. If the patient cannot afford such an examination,
  919  the court shall ensure that one is provided, as otherwise
  920  provided for by law. The independent expert’s report is
  921  confidential and not discoverable, unless the expert is to be
  922  called as a witness for the patient at the hearing. The
  923  testimony in the hearing must be given under oath, and the
  924  proceedings must be recorded. The patient may refuse to testify
  925  at the hearing.
  926         (b) If the court concludes that the patient meets the
  927  criteria for involuntary inpatient placement, it may order that
  928  the patient be transferred to a treatment facility or, if the
  929  patient is at a treatment facility, that the patient be retained
  930  there or be treated at any other appropriate facility, or that
  931  the patient receive services, on an involuntary basis, for up to
  932  90 days. However, any order for involuntary mental health
  933  services in a treatment facility may be for up to 6 months. The
  934  order shall specify the nature and extent of the patient’s
  935  mental illness, and, unless the patient has transferred to a
  936  voluntary status, the facility must discharge the patient at any
  937  time he or she no longer meets the criteria for involuntary
  938  inpatient treatment. The court may not order an individual with
  939  a developmental disability as defined in s. 393.063, traumatic
  940  brain injury, or dementia who lacks a co-occurring mental
  941  illness to be involuntarily placed in a state treatment
  942  facility. These individuals must be referred to the Agency for
  943  Persons with Disabilities or the Department of Elderly Affairs
  944  for further evaluation and the provision of appropriate services
  945  for their individual needs. In addition, if it reasonably
  946  appears that the individual with developmental disabilities,
  947  traumatic brain injury, or dementia would be found incapacitated
  948  under chapter 744 and the individual does not already have a
  949  legal guardian, the facility must inform the department and any
  950  known next of kin and initiate guardianship proceedings.
  951  Provided that the facility is attempting to locate appropriate
  952  placement while the guardianship hearing is pending, the
  953  facility may hold the individual until the petition to appoint a
  954  guardian is adjudicated by the court and placement is secured.
  955  The facility shall discharge a patient any time the patient no
  956  longer meets the criteria for involuntary inpatient placement,
  957  unless the patient has transferred to voluntary status.
  958         (c) If at any time before the conclusion of the involuntary
  959  placement hearing on involuntary inpatient placement it appears
  960  to the court that the person does not meet the criteria of for
  961  involuntary inpatient placement under this section, but instead
  962  meets the criteria for involuntary outpatient services, the
  963  court may order the person evaluated for involuntary outpatient
  964  services pursuant to s. 394.4655. The petition and hearing
  965  procedures set forth in s. 394.4655 shall apply. If the person
  966  instead meets the criteria for involuntary assessment,
  967  protective custody, or involuntary admission or treatment
  968  pursuant to s. 397.675, then the court may order the person to
  969  be admitted for involuntary assessment for a period of 5 days
  970  pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings
  971  are governed by chapter 397.
  972         Section 12. Subsection (3) of section 394.495, Florida
  973  Statutes, is amended to read:
  974         394.495 Child and adolescent mental health system of care;
  975  programs and services.—
  976         (3) Assessments must be performed by:
  977         (a) A clinical psychologist, clinical social worker,
  978  physician, psychiatric nurse, or psychiatrist as those terms are
  979  defined in s. 394.455 professional as defined in s. 394.455(5),
  980  (7), (33), (36), or (37);
  981         (b) A professional licensed under chapter 491; or
  982         (c) A person who is under the direct supervision of a
  983  clinical psychologist, clinical social worker, physician,
  984  psychiatric nurse, or psychiatrist as those terms are defined in
  985  s. 394.455 qualified professional as defined in s. 394.455(5),
  986  (7), (33), (36), or (37) or a professional licensed under
  987  chapter 491.
  988         Section 13. Subsection (5) of section 394.496, Florida
  989  Statutes, is amended to read:
  990         394.496 Service planning.—
  991         (5) A clinical psychologist, clinical social worker,
  992  physician, psychiatric nurse, or psychiatrist as those terms are
  993  defined in s. 394.455 professional as defined in s. 394.455(5),
  994  (7), (33), (36), or (37) or a professional licensed under
  995  chapter 491 must be included among those persons developing the
  996  services plan.
  997         Section 14. Paragraph (a) of subsection (2) of section
  998  394.499, Florida Statutes, is amended to read:
  999         394.499 Integrated children’s crisis stabilization
 1000  unit/juvenile addictions receiving facility services.—
 1001         (2) Children eligible to receive integrated children’s
 1002  crisis stabilization unit/juvenile addictions receiving facility
 1003  services include:
 1004         (a) A person under 18 years of age for whom voluntary
 1005  application is made by his or her parent or legal guardian, if
 1006  such person is found to show evidence of mental illness and to
 1007  be suitable for treatment pursuant to s. 394.4625. A person
 1008  under 18 years of age may be admitted for integrated facility
 1009  services only after a hearing to verify that the consent to
 1010  admission is voluntary is conducted pursuant to s. 394.4625.
 1011         Section 15. Subsection (6) of section 394.9085, Florida
 1012  Statutes, is amended to read:
 1013         394.9085 Behavioral provider liability.—
 1014         (6) For purposes of this section, the terms “detoxification
 1015  services,” “addictions receiving facility,” and “receiving
 1016  facility” have the same meanings as those provided in ss.
 1017  397.311(26)(a)4. 397.311(26)(a)3., 397.311(26)(a)1., and 394.455
 1018  394.455(40), respectively.
 1019         Section 16. Subsection (3) of section 397.305, Florida
 1020  Statutes, is amended to read:
 1021         397.305 Legislative findings, intent, and purpose.—
 1022         (3) It is the purpose of this chapter to provide for a
 1023  comprehensive continuum of accessible and quality substance
 1024  abuse prevention, intervention, clinical treatment, and recovery
 1025  support services in the most appropriate and least restrictive
 1026  environment which promotes long-term recovery while protecting
 1027  and respecting the rights of individuals, primarily through
 1028  community-based private not-for-profit providers working with
 1029  local governmental programs involving a wide range of agencies
 1030  from both the public and private sectors.
 1031         Section 17. Present subsections (29) through (36) and (37)
 1032  through (50) of section 397.311, Florida Statutes, are
 1033  redesignated as subsections (30) through (37) and (39) through
 1034  (52), respectively, new subsections (29) and (38) are added to
 1035  that section, and subsections (19) and (23) of that section are
 1036  amended, to read:
 1037         397.311 Definitions.—As used in this chapter, except part
 1038  VIII, the term:
 1039         (19) “Impaired” or “substance abuse impaired” means having
 1040  a substance use disorder or a condition involving the use of
 1041  alcoholic beverages, illicit or prescription drugs, or any
 1042  psychoactive or mood-altering substance in such a manner as to
 1043  induce mental, emotional, or physical problems or and cause
 1044  socially dysfunctional behavior.
 1045         (23) “Involuntary treatment services” means an array of
 1046  behavioral health services that may be ordered by the court for
 1047  persons with substance abuse impairment or co-occurring
 1048  substance abuse impairment and mental health disorders.
 1049         (29)“Neglect or refuse to care for himself or herself”
 1050  includes, but is not limited to, evidence that a person:
 1051         (a)Is unable to satisfy basic needs for nourishment,
 1052  clothing, medical care, shelter, or safety, in a manner that
 1053  creates a substantial probability of imminent death, serious
 1054  physical debilitation, or disease; or
 1055         (b)Is substantially unable to make an informed treatment
 1056  choice and needs care or treatment to prevent deterioration.
 1057         (38)“Real and present threat of substantial harm”
 1058  includes, but is not limited to, evidence of a substantial
 1059  probability that the untreated person will:
 1060         (a)Lack, refuse, or not receive services for health and
 1061  safety which are actually available in the community; or
 1062         (b)Suffer severe mental, emotional, or physical harm that
 1063  will result in the loss of his or her ability to function in the
 1064  community or the loss of cognitive or volitional control over
 1065  thoughts or actions.
 1066         Section 18. Section 397.416, Florida Statutes, is amended
 1067  to read:
 1068         397.416 Substance abuse treatment services; qualified
 1069  professional.—Notwithstanding any other provision of law, a
 1070  person who was certified through a certification process
 1071  recognized by the former Department of Health and Rehabilitative
 1072  Services before January 1, 1995, may perform the duties of a
 1073  qualified professional with respect to substance abuse treatment
 1074  services as defined in this chapter, and need not meet the
 1075  certification requirements contained in s. 397.311(36) s.
 1076  397.311(35).
 1077         Section 19. Subsection (11) is added to section 397.501,
 1078  Florida Statutes, to read:
 1079         397.501 Rights of individuals.—Individuals receiving
 1080  substance abuse services from any service provider are
 1081  guaranteed protection of the rights specified in this section,
 1082  unless otherwise expressly provided, and service providers must
 1083  ensure the protection of such rights.
 1084         (11)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, the
 1085  facility must inform a respondent with a serious substance use
 1086  disorder of the essential elements of recovery and provide
 1087  assistance with accessing a continuum of care regimen. The
 1088  department may adopt rules specifying the services that may be
 1089  provided to such respondents.
 1090         Section 20. Section 397.675, Florida Statutes, is amended
 1091  to read:
 1092         397.675 Criteria for involuntary admissions, including
 1093  protective custody, emergency admission, and other involuntary
 1094  assessment, involuntary treatment, and alternative involuntary
 1095  assessment for minors, for purposes of assessment and
 1096  stabilization, and for involuntary treatment.—A person meets the
 1097  criteria for involuntary admission if there is good faith reason
 1098  to believe that the person is substance abuse impaired or has a
 1099  substance use disorder and a co-occurring mental health disorder
 1100  and, because of such impairment or disorder:
 1101         (1) Has lost the power of self-control with respect to
 1102  substance abuse, or has a history of noncompliance with
 1103  substance abuse treatment with continued substance use; and
 1104         (2)(a) Is in need of substance abuse services and, by
 1105  reason of substance abuse impairment, his or her judgment has
 1106  been so impaired that he or she is refusing voluntary care after
 1107  a sufficient and conscientious explanation and disclosure of the
 1108  purpose for such services, or is incapable of appreciating his
 1109  or her need for such services and of making a rational decision
 1110  in that regard, although mere refusal to receive such services
 1111  does not constitute evidence of lack of judgment with respect to
 1112  his or her need for such services; and or
 1113         (3)(a)(b) Without care or treatment, is likely to suffer
 1114  from neglect or refuse to care for himself or herself; that such
 1115  neglect or refusal poses a real and present threat of
 1116  substantial harm to his or her well-being; and that it is not
 1117  apparent that such harm may be avoided through the help of
 1118  willing, able, and responsible family members or friends or the
 1119  provision of other services;, or
 1120         (b) There is substantial likelihood that in the near future
 1121  and without services, the person will inflict serious harm to
 1122  self or others, as evidenced by recent acts, omissions, or
 1123  behavior causing, attempting, or threatening such harm, which
 1124  includes, but is not limited to, significant property damage has
 1125  inflicted, or threatened to or attempted to inflict, or, unless
 1126  admitted, is likely to inflict, physical harm on himself,
 1127  herself, or another.
 1128         Section 21. Subsection (1) of section 397.6751, Florida
 1129  Statutes, is amended to read:
 1130         397.6751 Service provider responsibilities regarding
 1131  involuntary admissions.—
 1132         (1) It is the responsibility of the service provider to:
 1133         (a) Ensure that a person who is admitted to a licensed
 1134  service component meets the admission criteria specified in s.
 1135  397.675;
 1136         (b) Ascertain whether the medical and behavioral conditions
 1137  of the person, as presented, are beyond the safe management
 1138  capabilities of the service provider;
 1139         (c) Provide for the admission of the person to the service
 1140  component that represents the most appropriate and least
 1141  restrictive available setting that is responsive to the person’s
 1142  treatment needs;
 1143         (d) Verify that the admission of the person to the service
 1144  component does not result in a census in excess of its licensed
 1145  service capacity;
 1146         (e) Determine whether the cost of services is within the
 1147  financial means of the person or those who are financially
 1148  responsible for the person’s care; and
 1149         (f) Take all necessary measures to ensure that each
 1150  individual in treatment is provided with a safe environment, and
 1151  to ensure that each individual whose medical condition or
 1152  behavioral problem becomes such that he or she cannot be safely
 1153  managed by the service component is discharged and referred to a
 1154  more appropriate setting for care.
 1155         Section 22. Section 397.681, Florida Statutes, is amended
 1156  to read:
 1157         397.681 Involuntary petitions; general provisions; court
 1158  jurisdiction and right to counsel.—
 1159         (1) JURISDICTION.—The courts have jurisdiction of
 1160  involuntary assessment and stabilization petitions and
 1161  involuntary treatment petitions for substance abuse impaired
 1162  persons, and such petitions must be filed with the clerk of the
 1163  court in the county where the person is located or resides. The
 1164  clerk of the court may not charge a fee for the filing of a
 1165  petition under this section. The chief judge may appoint a
 1166  general or special magistrate to preside over all or part of the
 1167  proceedings related to the petition or any ancillary matters
 1168  thereto, which include, but are not limited to, writs of habeas
 1169  corpus issued pursuant to s. 397.501(9). The alleged impaired
 1170  person is named as the respondent.
 1171         (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
 1172  at every stage of a proceeding relating to a petition for his or
 1173  her involuntary assessment and a petition for his or her
 1174  involuntary treatment for substance abuse impairment. A
 1175  respondent who desires counsel and is unable to afford private
 1176  counsel has the right to court-appointed counsel and to the
 1177  benefits of s. 57.081. If the court believes that the respondent
 1178  needs the assistance of counsel, the court shall appoint such
 1179  counsel for the respondent without regard to the respondent’s
 1180  wishes. If the respondent is a minor not otherwise represented
 1181  in the proceeding, the court shall immediately appoint a
 1182  guardian ad litem to act on the minor’s behalf.
 1183         (3)STATE REPRESENTATIVE.—Subject to legislative
 1184  appropriation, for all court-involved involuntary proceedings
 1185  under this chapter in which the petitioner has not retained
 1186  private counsel, the state attorney for the circuit in which the
 1187  respondent is located shall represent the state rather than the
 1188  petitioner as the real party of interest in the proceeding, but
 1189  the petitioner has the right to be heard. Furthermore, the state
 1190  attorney may not use any record obtained under this part for
 1191  criminal investigation or prosecution purposes, or for any
 1192  purpose other than the respondent’s civil commitment under this
 1193  chapter. Any record obtained under this subsection must remain
 1194  confidential.
 1195         Section 23. Section 397.6811, Florida Statutes, is
 1196  repealed.
 1197         Section 24. Section 397.6814, Florida Statutes, is
 1198  repealed.
 1199         Section 25. Section 397.6815, Florida Statutes, is
 1200  repealed.
 1201         Section 26. Section 397.6818, Florida Statutes, is
 1202  repealed.
 1203         Section 27. Section 397.6819, Florida Statutes, is
 1204  repealed.
 1205         Section 28. Section 397.6821, Florida Statutes, is
 1206  repealed.
 1207         Section 29. Section 397.6822, Florida Statutes, is
 1208  repealed.
 1209         Section 30. Section 397.693, Florida Statutes, is amended
 1210  to read:
 1211         397.693 Involuntary treatment.—A person may be the subject
 1212  of a petition for court-ordered involuntary treatment pursuant
 1213  to this part, if that person:
 1214         (1)Reasonably appears to meet meets the criteria for
 1215  involuntary admission provided in s. 397.675; and:
 1216         (2)(1) Has been placed under protective custody pursuant to
 1217  s. 397.677 within the previous 10 days;
 1218         (3)(2) Has been subject to an emergency admission pursuant
 1219  to s. 397.679 within the previous 10 days; or
 1220         (4)(3) Has been assessed by a qualified professional within
 1221  30 5 days;
 1222         (4)Has been subject to involuntary assessment and
 1223  stabilization pursuant to s. 397.6818 within the previous 12
 1224  days; or
 1225         (5)Has been subject to alternative involuntary admission
 1226  pursuant to s. 397.6822 within the previous 12 days.
 1227         Section 31. Section 397.695, Florida Statutes, is amended
 1228  to read:
 1229         397.695 Involuntary treatment services; persons who may
 1230  petition.—
 1231         (1) If the respondent is an adult, a petition for
 1232  involuntary treatment services may be filed by the respondent’s
 1233  spouse or legal guardian, any relative, a service provider, or
 1234  an adult who has direct personal knowledge of the respondent’s
 1235  substance abuse impairment and his or her prior course of
 1236  assessment and treatment.
 1237         (2) If the respondent is a minor, a petition for
 1238  involuntary treatment may be filed by a parent, legal guardian,
 1239  or service provider.
 1240         (3)The court or the clerk of the court may waive or
 1241  prohibit any service of process fees if a petitioner is
 1242  determined to be indigent under s. 57.082.
 1243         Section 32. Section 397.6951, Florida Statutes, is amended
 1244  to read:
 1245         397.6951 Contents of petition for involuntary treatment
 1246  services.—
 1247         (1) A petition for involuntary treatment services must
 1248  contain the name of the respondent; the name of the petitioner
 1249  or petitioners; the relationship between the respondent and the
 1250  petitioner; the name of the respondent’s attorney, if known; the
 1251  findings and recommendations of the assessment performed by the
 1252  qualified professional; and the factual allegations presented by
 1253  the petitioner establishing the need for involuntary outpatient
 1254  services for substance abuse impairment. The factual allegations
 1255  must demonstrate the reason for the petitioner’s belief that the
 1256  respondent:
 1257         (1)The reason for the petitioner’s belief that the
 1258  respondent is substance abuse impaired;
 1259         (a)(2)The reason for the petitioner’s belief that because
 1260  of such impairment the respondent Has lost the power of self
 1261  control with respect to substance abuse, or has a history of
 1262  noncompliance with substance abuse treatment with continued
 1263  substance use; and
 1264         (b)Needs substance abuse services, but his or her judgment
 1265  is so impaired by substance abuse that he or she either is
 1266  refusing voluntary care after a sufficient and conscientious
 1267  explanation and disclosure of the purpose of such services, or
 1268  is incapable of appreciating his or her need for such services
 1269  and of making a rational decision in that regard; and
 1270         (c)1.Without services, is likely to suffer from neglect or
 1271  refuse to care for himself or herself; that the neglect or
 1272  refusal poses a real and present threat of substantial harm to
 1273  his or her well-being; and that it is not apparent that the harm
 1274  may be avoided through the help of willing, able, and
 1275  responsible family members or friends or the provision of other
 1276  services; or
 1277         2.There is a substantial likelihood that in the near
 1278  future and without services, the respondent will inflict serious
 1279  harm to self or others, as evidenced by recent acts, omissions,
 1280  or behavior causing, attempting, or threatening such harm, which
 1281  includes, but is not limited to, significant property damage
 1282         (3)(a)The reason the petitioner believes that the
 1283  respondent has inflicted or is likely to inflict physical harm
 1284  on himself or herself or others unless the court orders the
 1285  involuntary services; or
 1286         (b)The reason the petitioner believes that the
 1287  respondent’s refusal to voluntarily receive care is based on
 1288  judgment so impaired by reason of substance abuse that the
 1289  respondent is incapable of appreciating his or her need for care
 1290  and of making a rational decision regarding that need for care.
 1291         (2)The petition may be accompanied by a certificate or
 1292  report of a qualified professional or a licensed physician who
 1293  examined the respondent within 30 days before the petition was
 1294  filed. This certificate or report must include the qualified
 1295  professional or physician’s findings relating to his or her
 1296  assessment of the patient and his or her treatment
 1297  recommendations. If the respondent was not assessed before the
 1298  filing of a treatment petition or refused to submit to an
 1299  evaluation, the lack of assessment or refusal must be noted in
 1300  the petition.
 1301         (3)If there is an emergency, the petition must also
 1302  describe the respondent’s exigent circumstances and include a
 1303  request for an ex parte assessment and stabilization order that
 1304  must be executed pursuant to s. 397.6955(4).
 1305         Section 33. Section 397.6955, Florida Statutes, is amended
 1306  to read:
 1307         397.6955 Duties of court upon filing of petition for
 1308  involuntary treatment services.—
 1309         (1) Upon the filing of a petition for involuntary treatment
 1310  services for a substance abuse impaired person with the clerk of
 1311  the court which does not indicate that the petitioner has
 1312  retained private counsel, the clerk must notify the state
 1313  attorney’s office. In addition, the court shall immediately
 1314  determine whether the respondent is represented by an attorney
 1315  or whether the appointment of counsel for the respondent is
 1316  appropriate. If, based on the contents of the petition, the
 1317  court appoints counsel for the person, the clerk of the court
 1318  shall immediately notify the office of criminal conflict and
 1319  civil regional counsel, created pursuant to s. 27.511, of the
 1320  appointment. The office of criminal conflict and civil regional
 1321  counsel shall represent the person until the petition is
 1322  dismissed, the court order expires, or the person is discharged
 1323  from involuntary treatment services, or the office is otherwise
 1324  discharged by the court. An attorney that represents the person
 1325  named in the petition shall have access to the person,
 1326  witnesses, and records relevant to the presentation of the
 1327  person’s case and shall represent the interests of the person,
 1328  regardless of the source of payment to the attorney.
 1329         (2) The court shall schedule a hearing to be held on the
 1330  petition within 10 court working 5 days unless a continuance is
 1331  granted. The court may appoint a magistrate to preside at the
 1332  hearing.
 1333         (3) A copy of the petition and notice of the hearing must
 1334  be provided to the respondent; the respondent’s parent,
 1335  guardian, or legal custodian, in the case of a minor; the
 1336  respondent’s attorney, if known; the petitioner; the
 1337  respondent’s spouse or guardian, if applicable; and such other
 1338  persons as the court may direct. If the respondent is a minor, a
 1339  copy of the petition and notice of the hearing must be
 1340  personally delivered to the respondent. The clerk court shall
 1341  also issue a summons to the person whose admission is sought,
 1342  and unless a circuit court’s chief judge authorizes
 1343  disinterested private process servers to serve parties under
 1344  this chapter, a law enforcement agency must effect service for
 1345  the initial treatment hearing.
 1346         (4)(a)When the petitioner asserts that emergency
 1347  circumstances exist, or when upon review of the petition the
 1348  court determines that an emergency exists, the court may rely
 1349  solely on the contents of the petition and, without the
 1350  appointment of an attorney, enter an ex parte order for the
 1351  respondent’s involuntary assessment and stabilization which must
 1352  be executed during the period when the hearing on the petition
 1353  for treatment is pending. The court may further order a law
 1354  enforcement officer or other designated agent of the court to:
 1355         1.Take the respondent into custody and deliver him or her
 1356  to either the nearest appropriate licensed service provider or a
 1357  licensed service provider designated by the court to be
 1358  evaluated; and
 1359         2.Serve the respondent with the notice of hearing and a
 1360  copy of the petition.
 1361         (b)The service provider must promptly inform the court and
 1362  parties of the respondent’s arrival and may not hold the
 1363  respondent for longer than 72 hours of observation thereafter,
 1364  unless:
 1365         1.The service provider seeks additional time under s.
 1366  397.6957(1)(c) and the court, after a hearing, grants that
 1367  motion;
 1368         2.The respondent shows signs of withdrawal, or a need to
 1369  be either detoxified or treated for a medical condition, which
 1370  shall extend the amount of time the respondent may be held for
 1371  observation until the issue is resolved; or
 1372         3.The original or extended observation period ends on a
 1373  weekend or holiday, in which case the provider may hold the
 1374  respondent until the next court working day.
 1375         (c)If the ex parte order was not executed by the initial
 1376  hearing date, it shall be deemed void. However, should the
 1377  respondent not appear at the hearing for any reason, including
 1378  lack of service, and upon reviewing the petition, testimony, and
 1379  evidence presented, the court reasonably believes the respondent
 1380  meets this chapter’s commitment criteria and that a substance
 1381  abuse emergency exists, the court may issue or reissue an ex
 1382  parte assessment and stabilization order that is valid for 90
 1383  days. If the respondent’s location is known at the time of the
 1384  hearing, the court:
 1385         1.Shall continue the case for no more than 10 court
 1386  working days; and
 1387         2.May order a law enforcement officer or other designated
 1388  agent of the court to:
 1389         a.Take the respondent into custody and deliver him or her
 1390  to be evaluated either by the nearest appropriate licensed
 1391  service provider or by a licensed service provider designated by
 1392  the court; and
 1393         b.If a hearing date is set, serve the respondent with
 1394  notice of the rescheduled hearing and a copy of the involuntary
 1395  treatment petition if the respondent has not already been
 1396  served.
 1397  
 1398  Otherwise, the petitioner and the service provider must promptly
 1399  inform the court that the respondent has been assessed so that
 1400  the court may schedule a hearing as soon as practicable. The
 1401  service provider must serve the respondent, before his or her
 1402  discharge, with the notice of hearing and a copy of the
 1403  petition. However, if the respondent has not been assessed
 1404  within 90 days, the court must dismiss the case.
 1405         Section 34. Section 397.6957, Florida Statutes, is amended
 1406  to read:
 1407         397.6957 Hearing on petition for involuntary treatment
 1408  services.—
 1409         (1)(a)The respondent must be present at a hearing on a
 1410  petition for involuntary treatment services unless he or she
 1411  knowingly, intelligently, and voluntarily waives his or her
 1412  right to be present or, upon receiving proof of service and
 1413  evaluating the circumstances of the case, the court finds that
 1414  his or her presence is inconsistent with his or her best
 1415  interests or is likely to be injurious to himself or herself or
 1416  others., The court shall hear and review all relevant evidence,
 1417  including testimony from individuals such as family members
 1418  familiar with the respondent’s prior history and how it relates
 1419  to his or her current condition, and the review of results of
 1420  the assessment completed by the qualified professional in
 1421  connection with this chapter. The court may also order drug
 1422  tests. Absent a showing of good cause, such as specific symptoms
 1423  of the respondent’s condition, the court may permit all
 1424  witnesses, such as any medical professionals or personnel who
 1425  are or have been involved with the respondent’s treatment, to
 1426  remotely attend and testify at the hearing under oath via the
 1427  most appropriate and convenient technological method of
 1428  communication available to the court, including, but not limited
 1429  to, teleconference. Any witness intending to remotely attend and
 1430  testify at the hearing must provide the parties with all
 1431  relevant documents by the close of business on the day before
 1432  the hearing the respondent’s protective custody, emergency
 1433  admission, involuntary assessment, or alternative involuntary
 1434  admission. The respondent must be present unless the court finds
 1435  that his or her presence is likely to be injurious to himself or
 1436  herself or others, in which event the court must appoint a
 1437  guardian advocate to act in behalf of the respondent throughout
 1438  the proceedings.
 1439         (b)A respondent cannot be involuntarily ordered into
 1440  treatment under this chapter without a clinical assessment being
 1441  performed, unless he or she is present in court and expressly
 1442  waives the assessment. In nonemergency situations, if the
 1443  respondent was not, or had previously refused to be, assessed by
 1444  a qualified professional and, based on the petition, testimony,
 1445  and evidence presented, it reasonably appears that the
 1446  respondent qualifies for involuntary treatment services, the
 1447  court shall issue an involuntary assessment and stabilization
 1448  order to determine the appropriate level of treatment the
 1449  respondent requires. Additionally, in cases where an assessment
 1450  was attached to the petition, the respondent may request, or the
 1451  court on its own motion may order, an independent assessment by
 1452  a court-appointed physician or an otherwise agreed-upon
 1453  physician. If an assessment order is issued, it is valid for 90
 1454  days, and if the respondent is present or there is either proof
 1455  of service or his or her location is known, the involuntary
 1456  treatment hearing shall be continued for no more than 10 court
 1457  working days. Otherwise, the petitioner and the service provider
 1458  must promptly inform the court that the respondent has been
 1459  assessed so that the court may schedule a hearing as soon as
 1460  practicable. The service provider shall then serve the
 1461  respondent, before his or her discharge, with the notice of
 1462  hearing and a copy of the petition. The assessment must occur
 1463  before the new hearing date, and if there is evidence indicating
 1464  that the respondent will not voluntarily appear at the
 1465  forthcoming hearing, or is a danger to self or others, the court
 1466  may enter a preliminary order committing the respondent to an
 1467  appropriate treatment facility for further evaluation until the
 1468  date of the rescheduled hearing. However, if after 90 days the
 1469  respondent remains unassessed, the court shall dismiss the case.
 1470         (c)1.The respondent’s assessment by a qualified
 1471  professional must occur within 72 hours after his or her arrival
 1472  at a licensed service provider unless he or she shows signs of
 1473  withdrawal or a need to be either detoxified or treated for a
 1474  medical condition, which shall extend the amount of time the
 1475  respondent may be held for observation until that issue is
 1476  resolved. If the person conducting the assessment is not a
 1477  licensed physician, the assessment must be reviewed by a
 1478  licensed physician within the 72-hour period. If the respondent
 1479  is a minor, such assessment must be initiated within the first
 1480  12 hours after the minor’s admission to the facility. The
 1481  service provider may also move to extend the 72 hours of
 1482  observation by petitioning the court in writing for additional
 1483  time. The service provider must furnish copies of such motion to
 1484  all parties in accordance with applicable confidentiality
 1485  requirements, and, after a hearing, the court may grant
 1486  additional time or expedite the respondent’s involuntary
 1487  treatment hearing. The involuntary treatment hearing, however,
 1488  may be expedited only by agreement of the parties on the hearing
 1489  date or if there is notice and proof of service as provided in
 1490  s. 397.6955 (1) and (3). If the court grants the service
 1491  provider’s petition, the service provider may hold the
 1492  respondent until its extended assessment period expires or until
 1493  the expedited hearing date. However, if the original or extended
 1494  observation period ends on a weekend or holiday, the provider
 1495  may hold the respondent until the next court working day.
 1496         2.Upon the completion of his or her report, the qualified
 1497  professional, in accordance with applicable confidentiality
 1498  requirements, shall provide copies to the court and all relevant
 1499  parties and counsel. This report must contain a recommendation
 1500  on the level, if any, of substance abuse and, if applicable, co
 1501  occurring mental health treatment the respondent requires. The
 1502  qualified professional’s failure to include a treatment
 1503  recommendation, much like a recommendation of no treatment,
 1504  shall result in the petition’s dismissal.
 1505         (d)The court may order a law enforcement officer or other
 1506  designated agent of the court to take the respondent into
 1507  custody and transport him or her to or from the treating or
 1508  assessing service provider and the court for his or her hearing.
 1509         (2) The petitioner has the burden of proving by clear and
 1510  convincing evidence that:
 1511         (a) The respondent is substance abuse impaired, has lost
 1512  the power of self-control with respect to substance abuse, or
 1513  and has a history of lack of compliance with treatment for
 1514  substance abuse with continued substance use; and
 1515         (b) Because of such impairment, the respondent is unlikely
 1516  to voluntarily participate in the recommended services after
 1517  sufficient and conscientious explanation and disclosure of their
 1518  purpose, or is unable to determine for himself or herself
 1519  whether services are necessary and make a rational decision in
 1520  that regard; and:
 1521         (c)1. Without services, the respondent is likely to suffer
 1522  from neglect or refuse to care for himself or herself; that such
 1523  neglect or refusal poses a real and present threat of
 1524  substantial harm to his or her well-being; and that it is not
 1525  apparent that such harm may be avoided through the help of
 1526  willing, able, and responsible family members or friends or the
 1527  provision of other services; or
 1528         2. There is a substantial likelihood that in the near
 1529  future and without services, the respondent will inflict serious
 1530  harm to self or others, as evidenced by recent acts, omissions,
 1531  or behavior causing, attempting, or threatening such harm, which
 1532  includes, but is not limited to, significant property damage
 1533  cause serious bodily harm to himself, herself, or another in the
 1534  near future, as evidenced by recent behavior; or
 1535         2.The respondent’s refusal to voluntarily receive care is
 1536  based on judgment so impaired by reason of substance abuse that
 1537  the respondent is incapable of appreciating his or her need for
 1538  care and of making a rational decision regarding that need for
 1539  care.
 1540         (3) One of the qualified professionals who executed the
 1541  involuntary services certificate must be a witness. The court
 1542  shall allow testimony from individuals, including family
 1543  members, deemed by the court to be relevant under state law,
 1544  regarding the respondent’s prior history and how that prior
 1545  history relates to the person’s current condition. The Testimony
 1546  in the hearing must be taken under oath, and the proceedings
 1547  must be recorded. The respondent patient may refuse to testify
 1548  at the hearing.
 1549         (4)If at any point during the hearing the court has reason
 1550  to believe that the respondent, due to mental illness other than
 1551  or in addition to substance abuse impairment, is likely to
 1552  neglect or injure himself, herself, or another if allowed to
 1553  remain at liberty, or otherwise meets the involuntary commitment
 1554  provisions of part I of chapter 394, the court may initiate
 1555  involuntary examination proceedings under such provisions.
 1556         (5)(4) At the conclusion of the hearing, the court shall
 1557  either dismiss the petition or order the respondent to receive
 1558  involuntary treatment services from his or her chosen licensed
 1559  service provider if possible and appropriate. Any treatment
 1560  order must include findings regarding the respondent’s need for
 1561  treatment and the appropriateness of other less restrictive
 1562  alternatives.
 1563         Section 35. Section 397.697, Florida Statutes, is amended
 1564  to read:
 1565         397.697 Court determination; effect of court order for
 1566  involuntary treatment services.—
 1567         (1)(a) When the court finds that the conditions for
 1568  involuntary treatment services have been proved by clear and
 1569  convincing evidence, it may order the respondent to receive
 1570  involuntary treatment services from a publicly funded licensed
 1571  service provider for a period not to exceed 90 days. The court
 1572  may also order a respondent to undergo treatment through a
 1573  privately funded licensed service provider if the respondent has
 1574  the ability to pay for the treatment, or if any person on the
 1575  respondent’s behalf voluntarily demonstrates a willingness and
 1576  an ability to pay for the treatment. If the court finds it
 1577  necessary, it may direct the sheriff to take the respondent into
 1578  custody and deliver him or her to the licensed service provider
 1579  specified in the court order, or to the nearest appropriate
 1580  licensed service provider, for involuntary treatment services.
 1581  When the conditions justifying involuntary treatment services no
 1582  longer exist, the individual must be released as provided in s.
 1583  397.6971. When the conditions justifying involuntary treatment
 1584  services are expected to exist after 90 days of treatment
 1585  services, a renewal of the involuntary treatment services order
 1586  may be requested pursuant to s. 397.6975 before the end of the
 1587  90-day period.
 1588         (b)To qualify for involuntary outpatient treatment, an
 1589  individual must be supported by a social worker or case manager
 1590  of a licensed service provider or a willing, able, and
 1591  responsible individual appointed by the court who shall inform
 1592  the court and parties if the respondent fails to comply with his
 1593  or her outpatient program. In addition, unless the respondent
 1594  has been involuntarily ordered into inpatient treatment under
 1595  this chapter at least twice during the last 36 months, or
 1596  demonstrates the ability to substantially comply with the
 1597  outpatient treatment while waiting for residential placement to
 1598  become available, he or she must receive an assessment from a
 1599  qualified professional or licensed physician expressly
 1600  recommending outpatient services, such services must be
 1601  available in the county in which the respondent is located, and
 1602  it must appear likely that the respondent will follow a
 1603  prescribed outpatient care plan.
 1604         (2) In all cases resulting in an order for involuntary
 1605  treatment services, the court shall retain jurisdiction over the
 1606  case and the parties for the entry of such further orders as the
 1607  circumstances may require, including, but not limited to,
 1608  monitoring compliance with treatment, changing the treatment
 1609  modality, or initiating contempt of court proceedings for
 1610  violating any valid order issued pursuant to this chapter.
 1611  Hearings under this section may be set by motion of the parties
 1612  or under the court’s own authority, and the motion and notice of
 1613  hearing for these ancillary proceedings, which include, but are
 1614  not limited to, civil contempt, must be served in accordance
 1615  with relevant court procedural rules. The court’s requirements
 1616  for notification of proposed release must be included in the
 1617  original order.
 1618         (3) An involuntary treatment services order also authorizes
 1619  the licensed service provider to require the individual to
 1620  receive treatment services that will benefit him or her,
 1621  including treatment services at any licensable service component
 1622  of a licensed service provider. While subject to the court’s
 1623  oversight, the service provider’s authority under this section
 1624  is separate and distinct from the court’s broad continuing
 1625  jurisdiction under subsection (2). Such oversight includes, but
 1626  is not limited to, submitting reports regarding the respondent’s
 1627  progress or compliance with treatment as required by the court.
 1628         (4) If the court orders involuntary treatment services, a
 1629  copy of the order must be sent to the managing entity within 1
 1630  working day after it is received from the court. Documents may
 1631  be submitted electronically through though existing data
 1632  systems, if applicable.
 1633         Section 36. Section 397.6971, Florida Statutes, is amended
 1634  to read:
 1635         397.6971 Early release from involuntary treatment
 1636  services.—
 1637         (1) At any time before the end of the 90-day involuntary
 1638  treatment services period, or before the end of any extension
 1639  granted pursuant to s. 397.6975, an individual receiving
 1640  involuntary treatment services may be determined eligible for
 1641  discharge to the most appropriate referral or disposition for
 1642  the individual when any of the following apply:
 1643         (a) The individual no longer meets the criteria for
 1644  involuntary admission and has given his or her informed consent
 1645  to be transferred to voluntary treatment status.
 1646         (b) If the individual was admitted on the grounds of
 1647  likelihood of self-neglect or the infliction of physical harm
 1648  upon himself or herself or others, such likelihood no longer
 1649  exists.
 1650         (c) If the individual was admitted on the grounds of need
 1651  for assessment and stabilization or treatment, accompanied by
 1652  inability to make a determination respecting such need:
 1653         1. Such inability no longer exists; or
 1654         2. It is evident that further treatment will not bring
 1655  about further significant improvements in the individual’s
 1656  condition.
 1657         (d) The individual is no longer needs treatment in need of
 1658  services.
 1659         (e) The director of the service provider determines that
 1660  the individual is beyond the safe management capabilities of the
 1661  provider.
 1662         (2) Whenever a qualified professional determines that an
 1663  individual admitted for involuntary treatment services qualifies
 1664  for early release under subsection (1), the service provider
 1665  shall immediately discharge the individual and must notify all
 1666  persons specified by the court in the original treatment order.
 1667         Section 37. Section 397.6975, Florida Statutes, is amended
 1668  to read:
 1669         397.6975 Extension of involuntary treatment services
 1670  period.—
 1671         (1) Whenever a service provider believes that an individual
 1672  who is nearing the scheduled date of his or her release from
 1673  involuntary treatment services continues to meet the criteria
 1674  for involuntary treatment services in s. 397.693 or s. 397.6957,
 1675  a petition for renewal of the involuntary treatment services
 1676  order must may be filed with the court at least 10 days before
 1677  the expiration of the court-ordered services period. The
 1678  petition may be filed by the service provider or by the person
 1679  who filed the petition for the initial treatment order if the
 1680  petition is accompanied by supporting documentation from the
 1681  service provider. The court shall immediately schedule a hearing
 1682  within 10 court working to be held not more than 15 days after
 1683  filing of the petition and. The court shall provide the copy of
 1684  the petition for renewal and the notice of the hearing to all
 1685  parties and counsel to the proceeding. The hearing is conducted
 1686  pursuant to ss. 397.6957 and 397.697 and must be before the
 1687  circuit court unless referred to a magistrate s. 397.6957.
 1688         (2) If the court finds that the petition for renewal of the
 1689  involuntary treatment services order should be granted, it may
 1690  order the respondent to receive involuntary treatment services
 1691  for a period not to exceed an additional 90 days. When the
 1692  conditions justifying involuntary treatment services no longer
 1693  exist, the individual must be released as provided in s.
 1694  397.6971. When the conditions justifying involuntary treatment
 1695  services continue to exist after an additional 90 days of
 1696  treatment service, a new petition requesting renewal of the
 1697  involuntary treatment services order may be filed pursuant to
 1698  this section.
 1699         (3)Within 1 court working day after the filing of a
 1700  petition for continued involuntary services, the court shall
 1701  appoint the office of criminal conflict and civil regional
 1702  counsel to represent the respondent, unless the respondent is
 1703  otherwise represented by counsel. The clerk of the court shall
 1704  immediately notify the office of criminal conflict and civil
 1705  regional counsel of such appointment. The office of criminal
 1706  conflict and civil regional counsel shall represent the
 1707  respondent until the petition is dismissed or the court order
 1708  expires or the respondent is discharged from involuntary
 1709  services. Any attorney representing the respondent shall have
 1710  access to the respondent, witnesses, and records relevant to the
 1711  presentation of the respondent’s case and shall represent the
 1712  interests of the respondent, regardless of the source of payment
 1713  to the attorney.
 1714         (4)Hearings on petitions for continued involuntary
 1715  services shall be before the circuit court. The court may
 1716  appoint a magistrate to preside at the hearing. The procedures
 1717  for obtaining an order pursuant to this section shall be in
 1718  accordance with s. 397.697.
 1719         (5)Notice of hearing shall be provided to the respondent
 1720  or his or her counsel. The respondent and the respondent’s
 1721  counsel may agree to a period of continued involuntary services
 1722  without a court hearing.
 1723         (6)The same procedure shall be repeated before the
 1724  expiration of each additional period of involuntary services.
 1725         (7)If the respondent has previously been found incompetent
 1726  to consent to treatment, the court shall consider testimony and
 1727  evidence regarding the respondent’s competence.
 1728         Section 38. Section 397.6977, Florida Statutes, is amended
 1729  to read:
 1730         397.6977 Disposition of individual upon completion of
 1731  involuntary treatment services.—At the conclusion of the 90-day
 1732  period of court-ordered involuntary treatment services, the
 1733  respondent is automatically discharged unless a motion for
 1734  renewal of the involuntary treatment services order has been
 1735  filed with the court pursuant to s. 397.6975.
 1736         Section 39. Section 397.6978, Florida Statutes, is
 1737  repealed.
 1738         Section 40. Paragraph (b) of subsection (1) of section
 1739  409.972, Florida Statutes, is amended to read:
 1740         409.972 Mandatory and voluntary enrollment.—
 1741         (1) The following Medicaid-eligible persons are exempt from
 1742  mandatory managed care enrollment required by s. 409.965, and
 1743  may voluntarily choose to participate in the managed medical
 1744  assistance program:
 1745         (b) Medicaid recipients residing in residential commitment
 1746  facilities operated through the Department of Juvenile Justice
 1747  or a treatment facility as defined in s. 394.455 s. 394.455(48).
 1748         Section 41. Paragraph (e) of subsection (4) of section
 1749  464.012, Florida Statutes, is amended to read:
 1750         464.012 Licensure of advanced practice registered nurses;
 1751  fees; controlled substance prescribing.—
 1752         (4) In addition to the general functions specified in
 1753  subsection (3), an advanced practice registered nurse may
 1754  perform the following acts within his or her specialty:
 1755         (e) A psychiatric nurse, who meets the requirements in s.
 1756  394.455(37) s. 394.455(36), within the framework of an
 1757  established protocol with a psychiatrist, may prescribe
 1758  psychotropic controlled substances for the treatment of mental
 1759  disorders.
 1760         Section 42. Subsection (7) of section 744.2007, Florida
 1761  Statutes, is amended to read:
 1762         744.2007 Powers and duties.—
 1763         (7) A public guardian may not commit a ward to a treatment
 1764  facility, as defined in s. 394.455 s. 394.455(48), without an
 1765  involuntary placement proceeding as provided by law.
 1766         Section 43. Paragraph (a) of subsection (2) of section
 1767  790.065, Florida Statutes, is amended to read:
 1768         790.065 Sale and delivery of firearms.—
 1769         (2) Upon receipt of a request for a criminal history record
 1770  check, the Department of Law Enforcement shall, during the
 1771  licensee’s call or by return call, forthwith:
 1772         (a) Review any records available to determine if the
 1773  potential buyer or transferee:
 1774         1. Has been convicted of a felony and is prohibited from
 1775  receipt or possession of a firearm pursuant to s. 790.23;
 1776         2. Has been convicted of a misdemeanor crime of domestic
 1777  violence, and therefore is prohibited from purchasing a firearm;
 1778         3. Has had adjudication of guilt withheld or imposition of
 1779  sentence suspended on any felony or misdemeanor crime of
 1780  domestic violence unless 3 years have elapsed since probation or
 1781  any other conditions set by the court have been fulfilled or
 1782  expunction has occurred; or
 1783         4. Has been adjudicated mentally defective or has been
 1784  committed to a mental institution by a court or as provided in
 1785  sub-sub-subparagraph b.(II), and as a result is prohibited by
 1786  state or federal law from purchasing a firearm.
 1787         a. As used in this subparagraph, “adjudicated mentally
 1788  defective” means a determination by a court that a person, as a
 1789  result of marked subnormal intelligence, or mental illness,
 1790  incompetency, condition, or disease, is a danger to himself or
 1791  herself or to others or lacks the mental capacity to contract or
 1792  manage his or her own affairs. The phrase includes a judicial
 1793  finding of incapacity under s. 744.331(6)(a), an acquittal by
 1794  reason of insanity of a person charged with a criminal offense,
 1795  and a judicial finding that a criminal defendant is not
 1796  competent to stand trial.
 1797         b. As used in this subparagraph, “committed to a mental
 1798  institution” means:
 1799         (I) Involuntary commitment, commitment for mental
 1800  defectiveness or mental illness, and commitment for substance
 1801  abuse. The phrase includes involuntary inpatient placement under
 1802  as defined in s. 394.467, involuntary outpatient placement as
 1803  defined in s. 394.4655, involuntary assessment and stabilization
 1804  under s. 397.6818, and involuntary substance abuse treatment
 1805  under s. 397.6957, but does not include a person in a mental
 1806  institution for observation or discharged from a mental
 1807  institution based upon the initial review by the physician or a
 1808  voluntary admission to a mental institution; or
 1809         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 1810  admission to a mental institution for outpatient or inpatient
 1811  treatment of a person who had an involuntary examination under
 1812  s. 394.463, where each of the following conditions have been
 1813  met:
 1814         (A) An examining physician found that the person is an
 1815  imminent danger to himself or herself or others.
 1816         (B) The examining physician certified that if the person
 1817  did not agree to voluntary treatment, a petition for involuntary
 1818  outpatient or inpatient treatment would have been filed under s.
 1819  394.463(2)(g)4., or the examining physician certified that a
 1820  petition was filed and the person subsequently agreed to
 1821  voluntary treatment prior to a court hearing on the petition.
 1822         (C) Before agreeing to voluntary treatment, the person
 1823  received written notice of that finding and certification, and
 1824  written notice that as a result of such finding, he or she may
 1825  be prohibited from purchasing a firearm, and may not be eligible
 1826  to apply for or retain a concealed weapon or firearms license
 1827  under s. 790.06 and the person acknowledged such notice in
 1828  writing, in substantially the following form:
 1829  
 1830  “I understand that the doctor who examined me believes I am a
 1831  danger to myself or to others. I understand that if I do not
 1832  agree to voluntary treatment, a petition will be filed in court
 1833  to require me to receive involuntary treatment. I understand
 1834  that if that petition is filed, I have the right to contest it.
 1835  In the event a petition has been filed, I understand that I can
 1836  subsequently agree to voluntary treatment prior to a court
 1837  hearing. I understand that by agreeing to voluntary treatment in
 1838  either of these situations, I may be prohibited from buying
 1839  firearms and from applying for or retaining a concealed weapons
 1840  or firearms license until I apply for and receive relief from
 1841  that restriction under Florida law.”
 1842  
 1843         (D) A judge or a magistrate has, pursuant to sub-sub
 1844  subparagraph c.(II), reviewed the record of the finding,
 1845  certification, notice, and written acknowledgment classifying
 1846  the person as an imminent danger to himself or herself or
 1847  others, and ordered that such record be submitted to the
 1848  department.
 1849         c. In order to check for these conditions, the department
 1850  shall compile and maintain an automated database of persons who
 1851  are prohibited from purchasing a firearm based on court records
 1852  of adjudications of mental defectiveness or commitments to
 1853  mental institutions.
 1854         (I) Except as provided in sub-sub-subparagraph (II), clerks
 1855  of court shall submit these records to the department within 1
 1856  month after the rendition of the adjudication or commitment.
 1857  Reports shall be submitted in an automated format. The reports
 1858  must, at a minimum, include the name, along with any known alias
 1859  or former name, the sex, and the date of birth of the subject.
 1860         (II) For persons committed to a mental institution pursuant
 1861  to sub-sub-subparagraph b.(II), within 24 hours after the
 1862  person’s agreement to voluntary admission, a record of the
 1863  finding, certification, notice, and written acknowledgment must
 1864  be filed by the administrator of the receiving or treatment
 1865  facility, as defined in s. 394.455, with the clerk of the court
 1866  for the county in which the involuntary examination under s.
 1867  394.463 occurred. No fee shall be charged for the filing under
 1868  this sub-sub-subparagraph. The clerk must present the records to
 1869  a judge or magistrate within 24 hours after receipt of the
 1870  records. A judge or magistrate is required and has the lawful
 1871  authority to review the records ex parte and, if the judge or
 1872  magistrate determines that the record supports the classifying
 1873  of the person as an imminent danger to himself or herself or
 1874  others, to order that the record be submitted to the department.
 1875  If a judge or magistrate orders the submittal of the record to
 1876  the department, the record must be submitted to the department
 1877  within 24 hours.
 1878         d. A person who has been adjudicated mentally defective or
 1879  committed to a mental institution, as those terms are defined in
 1880  this paragraph, may petition the court that made the
 1881  adjudication or commitment, or the court that ordered that the
 1882  record be submitted to the department pursuant to sub-sub
 1883  subparagraph c.(II), for relief from the firearm disabilities
 1884  imposed by such adjudication or commitment. A copy of the
 1885  petition shall be served on the state attorney for the county in
 1886  which the person was adjudicated or committed. The state
 1887  attorney may object to and present evidence relevant to the
 1888  relief sought by the petition. The hearing on the petition may
 1889  be open or closed as the petitioner may choose. The petitioner
 1890  may present evidence and subpoena witnesses to appear at the
 1891  hearing on the petition. The petitioner may confront and cross
 1892  examine witnesses called by the state attorney. A record of the
 1893  hearing shall be made by a certified court reporter or by court
 1894  approved electronic means. The court shall make written findings
 1895  of fact and conclusions of law on the issues before it and issue
 1896  a final order. The court shall grant the relief requested in the
 1897  petition if the court finds, based on the evidence presented
 1898  with respect to the petitioner’s reputation, the petitioner’s
 1899  mental health record and, if applicable, criminal history
 1900  record, the circumstances surrounding the firearm disability,
 1901  and any other evidence in the record, that the petitioner will
 1902  not be likely to act in a manner that is dangerous to public
 1903  safety and that granting the relief would not be contrary to the
 1904  public interest. If the final order denies relief, the
 1905  petitioner may not petition again for relief from firearm
 1906  disabilities until 1 year after the date of the final order. The
 1907  petitioner may seek judicial review of a final order denying
 1908  relief in the district court of appeal having jurisdiction over
 1909  the court that issued the order. The review shall be conducted
 1910  de novo. Relief from a firearm disability granted under this
 1911  sub-subparagraph has no effect on the loss of civil rights,
 1912  including firearm rights, for any reason other than the
 1913  particular adjudication of mental defectiveness or commitment to
 1914  a mental institution from which relief is granted.
 1915         e. Upon receipt of proper notice of relief from firearm
 1916  disabilities granted under sub-subparagraph d., the department
 1917  shall delete any mental health record of the person granted
 1918  relief from the automated database of persons who are prohibited
 1919  from purchasing a firearm based on court records of
 1920  adjudications of mental defectiveness or commitments to mental
 1921  institutions.
 1922         f. The department is authorized to disclose data collected
 1923  pursuant to this subparagraph to agencies of the Federal
 1924  Government and other states for use exclusively in determining
 1925  the lawfulness of a firearm sale or transfer. The department is
 1926  also authorized to disclose this data to the Department of
 1927  Agriculture and Consumer Services for purposes of determining
 1928  eligibility for issuance of a concealed weapons or concealed
 1929  firearms license and for determining whether a basis exists for
 1930  revoking or suspending a previously issued license pursuant to
 1931  s. 790.06(10). When a potential buyer or transferee appeals a
 1932  nonapproval based on these records, the clerks of court and
 1933  mental institutions shall, upon request by the department,
 1934  provide information to help determine whether the potential
 1935  buyer or transferee is the same person as the subject of the
 1936  record. Photographs and any other data that could confirm or
 1937  negate identity must be made available to the department for
 1938  such purposes, notwithstanding any other provision of state law
 1939  to the contrary. Any such information that is made confidential
 1940  or exempt from disclosure by law shall retain such confidential
 1941  or exempt status when transferred to the department.
 1942         Section 44. This act shall take effect July 1, 2021.