Florida Senate - 2021                              CS for SB 828
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Book and Gainer
       
       
       
       
       586-02156-21                                           2021828c1
    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; revising the
   72         amount of time a court may require a patient to
   73         receive services; amending ss. 394.495 and 394.496,
   74         F.S.; conforming provisions to changes made by the
   75         act; amending s. 394.499, F.S.; making technical and
   76         conforming changes; amending s. 394.9085, F.S.;
   77         conforming cross-references; amending s. 397.305,
   78         F.S.; revising the purposes of ch. 397, F.S.; amending
   79         s. 397.311, F.S.; revising the definition of the terms
   80         “impaired” and “substance abuse impaired”; defining
   81         the terms “involuntary treatment services,” “neglect
   82         or refuse to care for himself or herself,” and “real
   83         and present threat of substantial harm”; amending s.
   84         397.416, F.S.; conforming a cross-reference; amending
   85         s. 397.501, F.S.; requiring that respondents with
   86         serious substance use disorders be informed of the
   87         essential elements of recovery and provide them
   88         assistance with accessing a continuum of care regimen;
   89         authorizing the department to adopt certain rules;
   90         amending s. 397.675, F.S.; revising the criteria for
   91         involuntary admissions; amending s. 397.6751, F.S.;
   92         revising the responsibilities of a service provider;
   93         amending s. 397.681, F.S.; revising where involuntary
   94         treatment petitions for substance abuse impaired
   95         persons may be filed; revising what part of such
   96         proceedings a general or special magistrate may
   97         preside over; requiring that the state attorney
   98         represent the state as the real party of interest in
   99         an involuntary proceeding, subject to legislative
  100         appropriation; providing that the petitioner has the
  101         right to be heard; specifying that certain records
  102         obtained by a state attorney must remain confidential
  103         and may not be used for certain purposes; conforming
  104         provisions to changes made by the act; repealing s.
  105         397.6811, F.S., relating to involuntary assessment and
  106         stabilization; repealing s. 397.6814, F.S., relating
  107         to petitions for involuntary assessment and
  108         stabilization; repealing s. 397.6815, F.S., relating
  109         to involuntary assessment and stabilization
  110         procedures; repealing s. 397.6818, F.S., relating to
  111         court determinations for petitions for involuntary
  112         assessment and stabilization; repealing s. 397.6819,
  113         F.S., relating to the responsibilities of licensed
  114         service providers with regard to involuntary
  115         assessment and stabilization; repealing s. 397.6821,
  116         F.S., relating to extensions of time for completion of
  117         involuntary assessment and stabilization; repealing s.
  118         397.6822, F.S., relating to the disposition of
  119         individuals after involuntary assessments; amending s.
  120         397.693, F.S.; revising the circumstances under which
  121         a person is eligible for court-ordered involuntary
  122         treatment; amending s. 397.695, F.S.; authorizing the
  123         court or clerk of the court to waive or prohibit any
  124         service of process fees for an indigent petitioner;
  125         amending s. 397.6951, F.S.; revising the requirements
  126         for the contents of a petition for involuntary
  127         treatment services; authorizing a petitioner to
  128         include with the petition a certificate or report of a
  129         qualified professional; requiring the certificate or
  130         report to contain certain information; requiring that
  131         certain additional information be included if an
  132         emergency exists; amending s. 397.6955, F.S.;
  133         requiring the clerk of the court to notify the state
  134         attorney’s office upon the receipt of a petition filed
  135         for involuntary treatment services; revising when the
  136         office of criminal conflict and civil regional counsel
  137         represents a person; revising when a hearing must be
  138         held on the petition; requiring law enforcement
  139         agencies to effect service for initial treatment
  140         hearings unless certain requirements are met;
  141         providing requirements for when a petitioner asserts
  142         that emergency circumstances exist or the court
  143         determines that an emergency exists; conforming
  144         provisions to changes made by the act; amending s.
  145         397.6957, F.S.; expanding the exemption from the
  146         requirement that a respondent be present at a hearing
  147         on a petition for involuntary treatment services;
  148         authorizing the court to order drug tests and permit
  149         all witnesses to remotely attend and testify at the
  150         hearing through certain means; deleting a provision
  151         requiring the court to appoint a guardian advocate
  152         under certain circumstances; prohibiting a respondent
  153         from being involuntarily ordered into treatment unless
  154         certain requirements are met; providing requirements
  155         relating to involuntary assessment and stabilization
  156         orders; providing requirements relating to involuntary
  157         treatment hearings; requiring that the assessment of a
  158         respondent occur before a specified time unless
  159         certain requirements are met; requiring the service
  160         provider to discharge the respondent after a specified
  161         time unless certain requirements are met; requiring a
  162         qualified professional to provide copies of his or her
  163         report to the court and all relevant parties and
  164         counsel; providing requirements for the report;
  165         authorizing a court to order certain persons to take a
  166         respondent into custody and transport him or her to or
  167         from certain service providers and the court; revising
  168         the petitioner’s burden of proof in the hearing;
  169         authorizing the court to initiate involuntary
  170         proceedings under certain circumstances; requiring
  171         that, if a treatment order is issued, it must include
  172         certain findings; amending s. 397.697, F.S.; requiring
  173         that an individual meet certain requirements to
  174         qualify for involuntary outpatient treatment;
  175         specifying that certain hearings may be set by the
  176         motion of a party or under the court’s own authority;
  177         specifying that a service provider’s authority is
  178         separate and distinct from the court’s jurisdiction;
  179         amending s. 397.6971, F.S.; revising when an
  180         individual receiving involuntary treatment services
  181         may be determined eligible for discharge; conforming
  182         provisions to changes made by the act; amending s.
  183         397.6975, F.S.; authorizing certain entities to file a
  184         petition for renewal of involuntary treatment;
  185         revising the timeframe during which the court is
  186         required to schedule a hearing; conforming provisions
  187         to changes made by the act; amending s. 397.6977,
  188         F.S.; conforming provisions to changes made by the
  189         act; repealing s. 397.6978, F.S., relating to the
  190         appointment of guardian advocates; amending ss.
  191         409.972, 464.012, 744.2007, and 790.065, F.S.;
  192         conforming cross-references; providing an effective
  193         date.
  194          
  195  Be It Enacted by the Legislature of the State of Florida:
  196  
  197         Section 1. Present subsections (32) through (39) and (40)
  198  through (49) of section 394.455, Florida Statutes, are
  199  redesignated as subsections (33) through (40) and (42) through
  200  (51), respectively, new subsections (32) and (41) are added to
  201  that section, and subsection (23) of that section is amended, to
  202  read:
  203         394.455 Definitions.—As used in this part, the term:
  204         (23) “Involuntary examination” means an examination
  205  performed under s. 394.463, s. 397.6772, s. 397.679, s.
  206  397.6798, or s. 397.6957 s. 397.6811 to determine whether a
  207  person qualifies for involuntary services.
  208         (32)“Neglect or refuse to care for himself or herself”
  209  includes, but is not limited to, evidence that a person:
  210         (a)Is unable to satisfy basic needs for nourishment,
  211  clothing, medical care, shelter, or safety in a manner that
  212  creates a substantial probability of imminent death, serious
  213  physical debilitation, or disease; or
  214         (b)Is substantially unable to make an informed treatment
  215  choice and needs care or treatment to prevent deterioration.
  216         (41)“Real and present threat of substantial harm”
  217  includes, but is not limited to, evidence of a substantial
  218  probability that the untreated person will:
  219         (a)Lack, refuse, or not receive services for health and
  220  safety which are actually available in the community; or
  221         (b)Suffer severe mental, emotional, or physical harm that
  222  will result in the loss of his or her ability to function in the
  223  community or the loss of cognitive or volitional control over
  224  thoughts or actions.
  225         Section 2. Subsection (13) is added to section 394.459,
  226  Florida Statutes, to read:
  227         394.459 Rights of patients.—
  228         (13)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, the
  229  facility must inform a respondent with a serious mental illness
  230  of the essential elements of recovery and provide assistance
  231  with accessing a continuum of care regimen. The department may
  232  adopt rules specifying the services that may be provided to such
  233  respondents.
  234         Section 3. Subsection (1) of section 394.4598, Florida
  235  Statutes, is amended to read:
  236         394.4598 Guardian advocate.—
  237         (1) The administrator may petition the court for the
  238  appointment of a guardian advocate based upon the opinion of a
  239  psychiatrist that the patient is incompetent to consent to
  240  treatment. If the court finds that a patient is incompetent to
  241  consent to treatment and has not been adjudicated incapacitated
  242  and a guardian with the authority to consent to mental health
  243  treatment appointed, it shall appoint a guardian advocate. The
  244  patient has the right to have an attorney represent him or her
  245  at the hearing. If the person is indigent, the court shall
  246  appoint the office of the public defender to represent him or
  247  her at the hearing. The patient has the right to testify, cross
  248  examine witnesses, and present witnesses. The proceeding shall
  249  be recorded either electronically or stenographically, and
  250  testimony shall be provided under oath. One of the professionals
  251  authorized to give an opinion in support of a petition for
  252  involuntary placement, as described in s. 394.4655 or s.
  253  394.467, must testify. A guardian advocate must meet the
  254  qualifications of a guardian contained in part IV of chapter
  255  744, except that a professional referred to in this part, an
  256  employee of the facility providing direct services to the
  257  patient under this part, a departmental employee, a facility
  258  administrator, or member of the Florida local advocacy council
  259  shall not be appointed. A person who is appointed as a guardian
  260  advocate must agree to the appointment.
  261         Section 4. Paragraph (d) of subsection (2) of section
  262  394.4599, Florida Statutes, is amended to read:
  263         394.4599 Notice.—
  264         (2) INVOLUNTARY ADMISSION.—
  265         (d) The written notice of the filing of the petition for
  266  involuntary services for an individual being held must contain
  267  the following:
  268         1. Notice that the petition for:
  269         a. Involuntary inpatient treatment pursuant to s. 394.467
  270  has been filed with the circuit court in the county in which the
  271  individual is hospitalized and the address of such court; or
  272         b. Involuntary outpatient services pursuant to s. 394.4655
  273  has been filed with the criminal county court, as defined in s.
  274  394.4655(1), or the circuit court, as applicable, in the county
  275  in which the individual is hospitalized and the address of such
  276  court.
  277         2. Notice that the office of the public defender has been
  278  appointed to represent the individual in the proceeding, if the
  279  individual is not otherwise represented by counsel.
  280         3. The date, time, and place of the hearing and the name of
  281  each examining expert and every other person expected to testify
  282  in support of continued detention.
  283         4. Notice that the individual, the individual’s guardian,
  284  guardian advocate, health care surrogate or proxy, or
  285  representative, or the administrator may apply for a change of
  286  venue for the convenience of the parties or witnesses or because
  287  of the condition of the individual.
  288         5. Notice that the individual is entitled to an independent
  289  expert examination and, if the individual cannot afford such an
  290  examination, that the court will provide for one.
  291         Section 5. Subsection (2) of section 394.461, Florida
  292  Statutes, is amended to read:
  293         394.461 Designation of receiving and treatment facilities
  294  and receiving systems.—The department is authorized to designate
  295  and monitor receiving facilities, treatment facilities, and
  296  receiving systems and may suspend or withdraw such designation
  297  for failure to comply with this part and rules adopted under
  298  this part. Unless designated by the department, facilities are
  299  not permitted to hold or treat involuntary patients under this
  300  part.
  301         (2) TREATMENT FACILITY.—The department may designate any
  302  state-owned, state-operated, or state-supported facility as a
  303  state treatment facility. A civil patient shall not be admitted
  304  to a state treatment facility without previously undergoing a
  305  transfer evaluation. Before the close of the state’s case in
  306  chief in a court hearing for involuntary placement in a state
  307  treatment facility, the state may establish that the transfer
  308  evaluation was performed and the document properly executed by
  309  providing the court with a copy of the transfer evaluation. The
  310  court may not shall receive and consider the substantive
  311  information documented in the transfer evaluation unless the
  312  evaluator testifies at the hearing. Any other facility,
  313  including a private facility or a federal facility, may be
  314  designated as a treatment facility by the department, provided
  315  that such designation is agreed to by the appropriate governing
  316  body or authority of the facility.
  317         Section 6. Subsection (3) of section 394.4615, Florida
  318  Statutes, is amended to read:
  319         394.4615 Clinical records; confidentiality.—
  320         (3) Information from the clinical record may be released in
  321  the following circumstances:
  322         (a) When a patient has communicated to a service provider a
  323  specific threat to cause serious bodily injury or death to an
  324  identified or a readily available person, if the service
  325  provider reasonably believes, or should reasonably believe
  326  according to the standards of his or her profession, that the
  327  patient has the apparent intent and ability to imminently or
  328  immediately carry out such threat. When such communication has
  329  been made, the administrator may authorize the release of
  330  sufficient information to provide adequate warning to the person
  331  threatened with harm by the patient.
  332         (b) When the administrator of the facility or secretary of
  333  the department deems release to a qualified researcher as
  334  defined in administrative rule, an aftercare treatment provider,
  335  or an employee or agent of the department is necessary for
  336  treatment of the patient, maintenance of adequate records,
  337  compilation of treatment data, aftercare planning, or evaluation
  338  of programs.
  339  
  340  For the purpose of determining whether a person meets the
  341  criteria for involuntary outpatient placement or for preparing
  342  the proposed treatment plan pursuant to s. 394.4655, the
  343  clinical record may be released to the state attorney, the
  344  public defender or the patient’s private legal counsel, the
  345  court, and to the appropriate mental health professionals,
  346  including the service provider identified in s.
  347  394.4655(7)(b)2., in accordance with state and federal law.
  348         Section 7. Section 394.462, Florida Statutes, is amended to
  349  read:
  350         394.462 Transportation.—A transportation plan shall be
  351  developed and implemented by each county in collaboration with
  352  the managing entity in accordance with this section. A county
  353  may enter into a memorandum of understanding with the governing
  354  boards of nearby counties to establish a shared transportation
  355  plan. When multiple counties enter into a memorandum of
  356  understanding for this purpose, the counties shall notify the
  357  managing entity and provide it with a copy of the agreement. The
  358  transportation plan shall describe methods of transport to a
  359  facility within the designated receiving system for individuals
  360  subject to involuntary examination under s. 394.463 or
  361  involuntary admission under s. 397.6772, s. 397.679, s.
  362  397.6798, or s. 397.6957 s. 397.6811, and may identify
  363  responsibility for other transportation to a participating
  364  facility when necessary and agreed to by the facility. The plan
  365  may rely on emergency medical transport services or private
  366  transport companies, as appropriate. The plan shall comply with
  367  the transportation provisions of this section and ss. 397.6772,
  368  397.6795, 397.6822, and 397.697.
  369         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  370         (a) Each county shall designate a single law enforcement
  371  agency within the county, or portions thereof, to take a person
  372  into custody upon the entry of an ex parte order or the
  373  execution of a certificate for involuntary examination by an
  374  authorized professional and to transport that person to the
  375  appropriate facility within the designated receiving system
  376  pursuant to a transportation plan.
  377         (b)1. The designated law enforcement agency may decline to
  378  transport the person to a receiving facility only if:
  379         a. The jurisdiction designated by the county has contracted
  380  on an annual basis with an emergency medical transport service
  381  or private transport company for transportation of persons to
  382  receiving facilities pursuant to this section at the sole cost
  383  of the county; and
  384         b. The law enforcement agency and the emergency medical
  385  transport service or private transport company agree that the
  386  continued presence of law enforcement personnel is not necessary
  387  for the safety of the person or others.
  388         2. The entity providing transportation may seek
  389  reimbursement for transportation expenses. The party responsible
  390  for payment for such transportation is the person receiving the
  391  transportation. The county shall seek reimbursement from the
  392  following sources in the following order:
  393         a. From a private or public third-party payor, if the
  394  person receiving the transportation has applicable coverage.
  395         b. From the person receiving the transportation.
  396         c. From a financial settlement for medical care, treatment,
  397  hospitalization, or transportation payable or accruing to the
  398  injured party.
  399         (c) A company that transports a patient pursuant to this
  400  subsection is considered an independent contractor and is solely
  401  liable for the safe and dignified transport of the patient. Such
  402  company must be insured and provide no less than $100,000 in
  403  liability insurance with respect to the transport of patients.
  404         (d) Any company that contracts with a governing board of a
  405  county to transport patients shall comply with the applicable
  406  rules of the department to ensure the safety and dignity of
  407  patients.
  408         (e) When a law enforcement officer takes custody of a
  409  person pursuant to this part, the officer may request assistance
  410  from emergency medical personnel if such assistance is needed
  411  for the safety of the officer or the person in custody.
  412         (f) When a member of a mental health overlay program or a
  413  mobile crisis response service is a professional authorized to
  414  initiate an involuntary examination pursuant to s. 394.463 or s.
  415  397.675 and that professional evaluates a person and determines
  416  that transportation to a receiving facility is needed, the
  417  service, at its discretion, may transport the person to the
  418  facility or may call on the law enforcement agency or other
  419  transportation arrangement best suited to the needs of the
  420  patient.
  421         (g) When any law enforcement officer has custody of a
  422  person based on either noncriminal or minor criminal behavior
  423  that meets the statutory guidelines for involuntary examination
  424  pursuant to s. 394.463, the law enforcement officer shall
  425  transport the person to the appropriate facility within the
  426  designated receiving system pursuant to a transportation plan.
  427  Persons who meet the statutory guidelines for involuntary
  428  admission pursuant to s. 397.675 may also be transported by law
  429  enforcement officers to the extent resources are available and
  430  as otherwise provided by law. Such persons shall be transported
  431  to an appropriate facility within the designated receiving
  432  system pursuant to a transportation plan.
  433         (h) When any law enforcement officer has arrested a person
  434  for a felony and it appears that the person meets the statutory
  435  guidelines for involuntary examination or placement under this
  436  part, such person must first be processed in the same manner as
  437  any other criminal suspect. The law enforcement agency shall
  438  thereafter immediately notify the appropriate facility within
  439  the designated receiving system pursuant to a transportation
  440  plan. The receiving facility shall be responsible for promptly
  441  arranging for the examination and treatment of the person. A
  442  receiving facility is not required to admit a person charged
  443  with a crime for whom the facility determines and documents that
  444  it is unable to provide adequate security, but shall provide
  445  examination and treatment to the person where he or she is held.
  446         (i) If the appropriate law enforcement officer believes
  447  that a person has an emergency medical condition as defined in
  448  s. 395.002, the person may be first transported to a hospital
  449  for emergency medical treatment, regardless of whether the
  450  hospital is a designated receiving facility.
  451         (j) The costs of transportation, evaluation,
  452  hospitalization, and treatment incurred under this subsection by
  453  persons who have been arrested for violations of any state law
  454  or county or municipal ordinance may be recovered as provided in
  455  s. 901.35.
  456         (k) The appropriate facility within the designated
  457  receiving system pursuant to a transportation plan must accept
  458  persons brought by law enforcement officers, or an emergency
  459  medical transport service or a private transport company
  460  authorized by the county, for involuntary examination pursuant
  461  to s. 394.463.
  462         (l) The appropriate facility within the designated
  463  receiving system pursuant to a transportation plan must provide
  464  persons brought by law enforcement officers, or an emergency
  465  medical transport service or a private transport company
  466  authorized by the county, pursuant to s. 397.675, a basic
  467  screening or triage sufficient to refer the person to the
  468  appropriate services.
  469         (m) Each law enforcement agency designated pursuant to
  470  paragraph (a) shall establish a policy that reflects a single
  471  set of protocols for the safe and secure transportation and
  472  transfer of custody of the person. Each law enforcement agency
  473  shall provide a copy of the protocols to the managing entity.
  474         (n) When a jurisdiction has entered into a contract with an
  475  emergency medical transport service or a private transport
  476  company for transportation of persons to facilities within the
  477  designated receiving system, such service or company shall be
  478  given preference for transportation of persons from nursing
  479  homes, assisted living facilities, adult day care centers, or
  480  adult family-care homes, unless the behavior of the person being
  481  transported is such that transportation by a law enforcement
  482  officer is necessary.
  483         (o) This section may not be construed to limit emergency
  484  examination and treatment of incapacitated persons provided in
  485  accordance with s. 401.445.
  486         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  487         (a) If neither the patient nor any person legally obligated
  488  or responsible for the patient is able to pay for the expense of
  489  transporting a voluntary or involuntary patient to a treatment
  490  facility, the transportation plan established by the governing
  491  board of the county or counties must specify how the
  492  hospitalized patient will be transported to, from, and between
  493  facilities in a safe and dignified manner.
  494         (b) A company that transports a patient pursuant to this
  495  subsection is considered an independent contractor and is solely
  496  liable for the safe and dignified transportation of the patient.
  497  Such company must be insured and provide no less than $100,000
  498  in liability insurance with respect to the transport of
  499  patients.
  500         (c) A company that contracts with one or more counties to
  501  transport patients in accordance with this section shall comply
  502  with the applicable rules of the department to ensure the safety
  503  and dignity of patients.
  504         (d) County or municipal law enforcement and correctional
  505  personnel and equipment may not be used to transport patients
  506  adjudicated incapacitated or found by the court to meet the
  507  criteria for involuntary placement pursuant to s. 394.467,
  508  except in small rural counties where there are no cost-efficient
  509  alternatives.
  510         (3) TRANSFER OF CUSTODY.—Custody of a person who is
  511  transported pursuant to this part, along with related
  512  documentation, shall be relinquished to a responsible individual
  513  at the appropriate receiving or treatment facility.
  514         Section 8. Subsections (1) and (4) of section 394.4625,
  515  Florida Statutes, are amended to read:
  516         394.4625 Voluntary admissions.—
  517         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
  518  PATIENTS.—
  519         (a) In order to be admitted to a facility on a voluntary
  520  basis, a person must show evidence of a mental illness and be
  521  suitable for treatment by the facility.
  522         1.If the person is an adult, he or she must be competent
  523  to provide his or her express and informed consent in writing to
  524  the facility.
  525         2.A minor may be admitted to a facility only on the basis
  526  of the express and informed consent of the minor’s parent or
  527  legal guardian in conjunction with the minor’s assent.
  528         a.The minor’s assent is an affirmative agreement by the
  529  minor to remain at the facility for examination and treatment.
  530  The minor’s failure to object is not assent for purposes of this
  531  subparagraph.
  532         b.The minor’s assent must be verified through a clinical
  533  assessment that is documented in the minor’s clinical record and
  534  conducted within 12 hours after arrival at the facility by a
  535  licensed professional authorized to initiate an involuntary
  536  examination under s. 394.463.
  537         c.In verifying the minor’s assent, the examining
  538  professional must first provide the minor with an explanation as
  539  to why the minor will be examined and treated, what the minor
  540  can expect while in the facility, and when the minor may expect
  541  to be released, using language that is appropriate to the
  542  minor’s age, experience, maturity, and condition. The examining
  543  professional must determine and document that the minor is able
  544  to understand this information.
  545         d.The facility must advise the minor of his or her right
  546  to request and have access to legal counsel.
  547         e.The facility administrator must file with the court a
  548  notice of a minor’s voluntary placement within 1 court working
  549  day after the minor’s admission to the facility.
  550         f.The court shall appoint a public defender who may review
  551  the voluntariness of the minor’s admission to the facility and
  552  further verify his or her assent. The public defender may
  553  interview and represent the minor and shall have access to all
  554  relevant witnesses and records. If the public defender does not
  555  review the voluntariness of the admission, the clinical
  556  assessment of the minor’s assent shall serve as verification of
  557  assent.
  558         g.Unless the minor’s assent is verified pursuant to this
  559  subparagraph, a petition for involuntary placement must be filed
  560  with the court or the minor must be released to his or her
  561  parent or legal guardian within 24 hours after arriving at the
  562  facility A facility may receive for observation, diagnosis, or
  563  treatment any person 18 years of age or older making application
  564  by express and informed consent for admission or any person age
  565  17 or under for whom such application is made by his or her
  566  guardian. If found to show evidence of mental illness, to be
  567  competent to provide express and informed consent, and to be
  568  suitable for treatment, such person 18 years of age or older may
  569  be admitted to the facility. A person age 17 or under may be
  570  admitted only after a hearing to verify the voluntariness of the
  571  consent.
  572         (b) A mental health overlay program or a mobile crisis
  573  response service or a licensed professional who is authorized to
  574  initiate an involuntary examination pursuant to s. 394.463 and
  575  is employed by a community mental health center or clinic must,
  576  pursuant to district procedure approved by the respective
  577  district administrator, conduct an initial assessment of the
  578  ability of the following persons to give express and informed
  579  consent to treatment before such persons may be admitted
  580  voluntarily:
  581         1. A person 60 years of age or older for whom transfer is
  582  being sought from a nursing home, assisted living facility,
  583  adult day care center, or adult family-care home, when such
  584  person has been diagnosed as suffering from dementia.
  585         2. A person 60 years of age or older for whom transfer is
  586  being sought from a nursing home pursuant to s. 400.0255(12).
  587         3. A person for whom all decisions concerning medical
  588  treatment are currently being lawfully made by the health care
  589  surrogate or proxy designated under chapter 765.
  590         (c) When an initial assessment of the ability of a person
  591  to give express and informed consent to treatment is required
  592  under this section, and a mobile crisis response service does
  593  not respond to the request for an assessment within 2 hours
  594  after the request is made or informs the requesting facility
  595  that it will not be able to respond within 2 hours after the
  596  request is made, the requesting facility may arrange for
  597  assessment by any licensed professional authorized to initiate
  598  an involuntary examination pursuant to s. 394.463 who is not
  599  employed by or under contract with, and does not have a
  600  financial interest in, either the facility initiating the
  601  transfer or the receiving facility to which the transfer may be
  602  made.
  603         (d) A facility may not admit as a voluntary patient a
  604  person who has been adjudicated incapacitated, unless the
  605  condition of incapacity has been judicially removed. If a
  606  facility admits as a voluntary patient a person who is later
  607  determined to have been adjudicated incapacitated, and the
  608  condition of incapacity had not been removed by the time of the
  609  admission, the facility must either discharge the patient or
  610  transfer the patient to involuntary status.
  611         (e) The health care surrogate or proxy of a voluntary
  612  patient may not consent to the provision of mental health
  613  treatment for the patient. A voluntary patient who is unwilling
  614  or unable to provide express and informed consent to mental
  615  health treatment must either be discharged or transferred to
  616  involuntary status.
  617         (f) Within 24 hours after admission of a voluntary patient,
  618  the admitting physician shall document in the patient’s clinical
  619  record that the patient is able to give express and informed
  620  consent for admission. If the patient is not able to give
  621  express and informed consent for admission, the facility shall
  622  either discharge the patient or transfer the patient to
  623  involuntary status pursuant to subsection (5).
  624         (4) TRANSFER TO VOLUNTARY STATUS.—An involuntary patient
  625  who applies to be transferred to voluntary status shall be
  626  transferred to voluntary status immediately, unless the patient
  627  has been charged with a crime, or has been involuntarily placed
  628  for treatment by a court pursuant to s. 394.467 and continues to
  629  meet the criteria for involuntary placement. When transfer to
  630  voluntary status occurs, notice shall be given as provided in s.
  631  394.4599, and if the patient is a minor, the minor’s assent to
  632  voluntary care must be verified through the procedures under
  633  subparagraph (1)(a)2. before the transfer to voluntary status
  634  may occur.
  635         Section 9. Subsection (1) and paragraphs (a), (g), and (h)
  636  of subsection (2) of section 394.463, Florida Statutes, are
  637  amended, and subsection (5) is added to that section, to read:
  638         394.463 Involuntary examination.—
  639         (1) CRITERIA.—A person may be taken to a receiving facility
  640  for involuntary examination if there is reason to believe that
  641  the person has a mental illness and because of his or her mental
  642  illness:
  643         (a)1. The person has refused voluntary examination after
  644  conscientious explanation and disclosure of the purpose of the
  645  examination; or
  646         2. The person is unable to determine for himself or herself
  647  whether examination is necessary; and
  648         (b)1. Without care or treatment, the person is likely to
  649  suffer from neglect or refuse to care for himself or herself;
  650  such neglect or refusal poses a real and present threat of
  651  substantial harm to his or her well-being; and it is not
  652  apparent that such harm may be avoided through the help of
  653  willing, able, and responsible family members or friends or the
  654  provision of other services; or
  655         2. There is a substantial likelihood that in the near
  656  future and without care or treatment, the person will inflict
  657  serious cause serious bodily harm to self himself or herself or
  658  others in the near future, as evidenced by recent acts,
  659  omissions, or behavior causing, attempting, or threatening such
  660  harm, which includes, but is not limited to, significant
  661  property damage.
  662         (2) INVOLUNTARY EXAMINATION.—
  663         (a) An involuntary examination may be initiated by any one
  664  of the following means:
  665         1. A circuit or county court may enter an ex parte order
  666  stating that a person appears to meet the criteria for
  667  involuntary examination and specifying the findings on which
  668  that conclusion is based. The ex parte order for involuntary
  669  examination must be based on written or oral sworn testimony
  670  that includes specific facts that support the findings. If other
  671  less restrictive means are not available, such as voluntary
  672  appearance for outpatient evaluation, a law enforcement officer,
  673  or other designated agent of the court, shall take the person
  674  into custody and deliver him or her to an appropriate, or the
  675  nearest, facility within the designated receiving system
  676  pursuant to s. 394.462 for involuntary examination. The order of
  677  the court shall be made a part of the patient’s clinical record.
  678  A fee may not be charged for the filing of an order under this
  679  subsection. A facility accepting the patient based on this order
  680  must send a copy of the order to the department within 5 working
  681  days. The order may be submitted electronically through existing
  682  data systems, if available. The order shall be valid only until
  683  the person is delivered to the facility or for the period
  684  specified in the order itself, whichever comes first. If a time
  685  limit is not specified in the order, the order is valid for 7
  686  days after the date that the order was signed.
  687         2. A law enforcement officer may shall take a person who
  688  appears to meet the criteria for involuntary examination into
  689  custody and deliver the person or have him or her delivered to
  690  an appropriate, or the nearest, facility within the designated
  691  receiving system pursuant to s. 394.462 for examination. The
  692  officer shall execute a written report detailing the
  693  circumstances under which the person was taken into custody,
  694  which must be made a part of the patient’s clinical record. Any
  695  facility accepting the patient based on this report must send a
  696  copy of the report to the department within 5 working days.
  697         3. A physician, a clinical psychologist, a psychiatric
  698  nurse, an advanced practice registered nurse registered under s.
  699  464.0123, a mental health counselor, a marriage and family
  700  therapist, or a clinical social worker may execute a certificate
  701  stating that he or she has examined a person within the
  702  preceding 48 hours and finds that the person appears to meet the
  703  criteria for involuntary examination and stating the
  704  observations upon which that conclusion is based. If other less
  705  restrictive means, such as voluntary appearance for outpatient
  706  evaluation, are not available, a law enforcement officer shall
  707  take into custody the person named in the certificate and
  708  deliver him or her to the appropriate, or nearest, facility
  709  within the designated receiving system pursuant to s. 394.462
  710  for involuntary examination. The law enforcement officer shall
  711  execute a written report detailing the circumstances under which
  712  the person was taken into custody. The report and certificate
  713  shall be made a part of the patient’s clinical record. Any
  714  facility accepting the patient based on this certificate must
  715  send a copy of the certificate to the department within 5
  716  working days. The document may be submitted electronically
  717  through existing data systems, if applicable.
  718  
  719  When sending the order, report, or certificate to the
  720  department, a facility shall, at a minimum, provide information
  721  about which action was taken regarding the patient under
  722  paragraph (g), which information shall also be made a part of
  723  the patient’s clinical record.
  724         (g) The examination period must be for up to 72 hours. For
  725  a minor, the examination shall be initiated within 12 hours
  726  after the patient’s arrival at the facility. The facility must
  727  inform the department of any person who has been examined or
  728  committed three or more times under this chapter within a 12
  729  month period. Within the examination period or, if the
  730  examination period ends on a weekend or holiday, no later than
  731  the next working day thereafter, one of the following actions
  732  must be taken, based on the individual needs of the patient:
  733         1. The patient shall be released, unless he or she is
  734  charged with a crime, in which case the patient shall be
  735  returned to the custody of a law enforcement officer;
  736         2. The patient shall be released, subject to subparagraph
  737  1., for voluntary outpatient treatment;
  738         3. The patient, unless he or she is charged with a crime,
  739  shall be asked to give express and informed consent to placement
  740  as a voluntary patient and, if such consent is given, the
  741  patient shall be admitted as a voluntary patient; or
  742         4. A petition for involuntary services shall be filed in
  743  the circuit court if inpatient treatment is deemed necessary or
  744  with the criminal county court, as described in s. 394.4655
  745  defined in s. 394.4655(1), as applicable. When inpatient
  746  treatment is deemed necessary, the least restrictive treatment
  747  consistent with the optimum improvement of the patient’s
  748  condition shall be made available. The petition When a petition
  749  is to be filed for involuntary outpatient placement, it shall be
  750  filed by one of the petitioners specified in s. 394.4655(4)(a).
  751  A petition for involuntary inpatient placement shall be filed by
  752  the facility administrator.
  753         (h) A person for whom an involuntary examination has been
  754  initiated who is being evaluated or treated at a hospital for an
  755  emergency medical condition specified in s. 395.002 must be
  756  examined by a facility within the examination period specified
  757  in paragraph (g). The examination period begins when the patient
  758  arrives at the hospital and ceases when the attending physician
  759  documents that the patient has an emergency medical condition.
  760  If the patient is examined at a hospital providing emergency
  761  medical services by a professional qualified to perform an
  762  involuntary examination and is found as a result of that
  763  examination not to meet the criteria for involuntary outpatient
  764  services pursuant to s. 394.4655 s. 394.4655(2) or involuntary
  765  inpatient placement pursuant to s. 394.467(1), the patient may
  766  be offered voluntary services or placement, if appropriate, or
  767  released directly from the hospital providing emergency medical
  768  services. The finding by the professional that the patient has
  769  been examined and does not meet the criteria for involuntary
  770  inpatient services or involuntary outpatient placement must be
  771  entered into the patient’s clinical record. This paragraph is
  772  not intended to prevent a hospital providing emergency medical
  773  services from appropriately transferring a patient to another
  774  hospital before stabilization if the requirements of s.
  775  395.1041(3)(c) have been met.
  776         (5)UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND
  777  TREATMENT; PENALTIES.—
  778         (a)Knowingly furnishing false information for the purpose
  779  of obtaining emergency or other involuntary admission for any
  780  person is a misdemeanor of the first degree, punishable as
  781  provided in s. 775.082 and by a fine not exceeding $5,000.
  782         (b)Causing or otherwise securing, or conspiring with or
  783  assisting another to cause or secure, without reason for
  784  believing a person to be impaired, any emergency or other
  785  involuntary procedure for the person is a misdemeanor of the
  786  first degree, punishable as provided in s. 775.082 and by a fine
  787  not exceeding $5,000.
  788         (c)Causing, or conspiring with or assisting another to
  789  cause, the denial to any person of any right accorded pursuant
  790  to this chapter is a misdemeanor of the first degree, punishable
  791  as provided in s. 775.082 and by a fine not exceeding $5,000.
  792         Section 10. Section 394.4655, Florida Statutes, is amended
  793  to read:
  794         (Substantial rewording of section. See
  795         s. 394.4655, F.S., for present text.)
  796         394.4655Involuntary outpatient services.—
  797         (1)(a)The court may order a respondent into outpatient
  798  treatment for up to 6 months if, during a hearing under s.
  799  394.467, it is established that the respondent meets involuntary
  800  placement criteria and:
  801         1.Has been jailed or incarcerated, has been involuntarily
  802  admitted to a receiving or treatment facility as defined in s.
  803  394.455, or has received mental health services in a forensic or
  804  correctional facility at least twice during the last 36 months;
  805         2.The outpatient treatment is provided in the county in
  806  which the respondent resides or, if being placed from a state
  807  treatment facility, will reside; and
  808         3.The respondent’s treating physician certifies, within a
  809  reasonable degree of medical probability, that the respondent:
  810         a.Can be appropriately treated on an outpatient basis; and
  811         b.Can follow a prescribed treatment plan.
  812         (b)For the duration of his or her treatment, the
  813  respondent must be supported by a social worker or case manager
  814  of the outpatient provider, or a willing, able, and responsible
  815  individual appointed by the court who must inform the court,
  816  state attorney, and public defender of any failure by the
  817  respondent to comply with his or her outpatient program.
  818         (2)The court shall retain jurisdiction over the case and
  819  parties for the entry of such further orders after a hearing as
  820  the circumstances may require. Such jurisdiction includes, but
  821  is not limited to, ordering inpatient treatment to stabilize a
  822  respondent who decompensates during his or her up to 6-month
  823  period of court-ordered treatment and meets the commitment
  824  criteria of s. 394.467.
  825         (3)A criminal county court exercising its original
  826  jurisdiction in a misdemeanor case under s. 34.01 may order a
  827  person who meets the commitment criteria into involuntary
  828  outpatient services.
  829         Section 11. Subsections (1) and (5), paragraphs (a), (b),
  830  and (c) of subsection (6), and paragraph (d) of subsection (7)
  831  of section 394.467, Florida Statutes, are amended to read:
  832         394.467 Involuntary inpatient placement.—
  833         (1) CRITERIA.—A person may be ordered for involuntary
  834  inpatient placement for treatment upon a finding of the court by
  835  clear and convincing evidence that:
  836         (a) He or she has a mental illness and because of his or
  837  her mental illness:
  838         1.a. He or she has refused voluntary inpatient placement
  839  for treatment after sufficient and conscientious explanation and
  840  disclosure of the purpose of inpatient placement for treatment;
  841  or
  842         b. He or she is unable to determine for himself or herself
  843  whether inpatient placement is necessary; and
  844         2.a. He or she is incapable of surviving alone or with the
  845  help of willing, able, and responsible family or friends,
  846  including available alternative services, and, without
  847  treatment, is likely to suffer from neglect or refuse to care
  848  for himself or herself, and such neglect or refusal poses a real
  849  and present threat of substantial harm to his or her well-being;
  850  or
  851         b. There is substantial likelihood that in the near future
  852  and without services he or she will inflict serious bodily harm
  853  to on self or others, as evidenced by recent acts, omissions, or
  854  behavior causing, attempting, or threatening such harm, which
  855  includes, but is not limited to, significant property damage;
  856  and
  857         (b) All available less restrictive treatment alternatives
  858  that would offer an opportunity for improvement of his or her
  859  condition have been judged to be inappropriate.
  860         (5) CONTINUANCE OF HEARING.—The patient and the state are
  861  independently entitled is entitled, with the concurrence of the
  862  patient’s counsel, to at least one continuance of the hearing.
  863  The patient’s continuance may be for a period of for up to 4
  864  weeks and requires the concurrence of his or her counsel. The
  865  state’s continuance may be for a period of up to 5 court working
  866  days and requires a showing of good cause and due diligence by
  867  the state before requesting the continuance. The state’s failure
  868  to timely review any readily available document or failure to
  869  attempt to contact a known witness does not warrant a
  870  continuance.
  871         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
  872         (a)1. The court shall hold the hearing on involuntary
  873  inpatient placement within 5 court working days, unless a
  874  continuance is granted.
  875         2. Except for good cause documented in the court file, the
  876  hearing must be held in the county or the facility, as
  877  appropriate, where the patient is located, must be as convenient
  878  to the patient as is consistent with orderly procedure, and
  879  shall be conducted in physical settings not likely to be
  880  injurious to the patient’s condition. If the court finds that
  881  the patient’s attendance at the hearing is not consistent with
  882  the best interests of, or is likely to be injurious to, the
  883  patient, or the patient knowingly, intelligently, and
  884  voluntarily waives his or her right to be present, and the
  885  patient’s counsel does not object, the court may waive the
  886  presence of the patient from all or any portion of the hearing.
  887  Absent a showing of good cause, such as specific symptoms of the
  888  respondent’s condition, the court may permit all witnesses,
  889  including, but not limited to, any medical professionals or
  890  personnel who are or have been involved with the patient’s
  891  treatment, to remotely attend and testify at the hearing under
  892  oath via the most appropriate and convenient technological
  893  method of communication available to the court, including, but
  894  not limited to, teleconference. Any witness intending to
  895  remotely attend and testify at the hearing must provide the
  896  parties with all relevant documents by the close of business on
  897  the day before the hearing. The state attorney for the circuit
  898  in which the patient is located shall represent the state,
  899  rather than the petitioning facility administrator, as the real
  900  party in interest in the proceeding. The facility shall make the
  901  respondent’s clinical records available to the state attorney
  902  within 24 hours of the involuntary placement petition’s filing
  903  so that the state can evaluate and prepare its case before the
  904  hearing. However, these records shall remain confidential, and
  905  the state attorney may not use any record obtained under this
  906  part for criminal investigation or prosecution purposes, or for
  907  any purpose other than the patient’s civil commitment under this
  908  chapter.
  909         3. The court may appoint a magistrate to preside at the
  910  hearing on the petition and any ancillary proceedings thereto,
  911  which include, but are not limited to, writs of habeas corpus
  912  issued pursuant to s. 394.459(8). One of the professionals who
  913  executed the petition for involuntary inpatient placement
  914  certificate shall be a witness. The court shall allow testimony
  915  deemed relevant by the court under state law from individuals,
  916  including family members, regarding the person’s prior history
  917  and how that history relates to the person’s current condition.
  918  The patient and the patient’s guardian or representative shall
  919  be informed by the court of the right to an independent expert
  920  examination. If the patient cannot afford such an examination,
  921  the court shall ensure that one is provided, as otherwise
  922  provided for by law. The independent expert’s report is
  923  confidential and not discoverable, unless the expert is to be
  924  called as a witness for the patient at the hearing. The
  925  testimony in the hearing must be given under oath, and the
  926  proceedings must be recorded. The patient may refuse to testify
  927  at the hearing.
  928         (b) If the court concludes that the patient meets the
  929  criteria for involuntary inpatient placement, it may order that
  930  the patient be transferred to a treatment facility or, if the
  931  patient is at a treatment facility, that the patient be retained
  932  there or be treated at any other appropriate facility, or that
  933  the patient receive services, on an involuntary basis, for up to
  934  90 days. However, any order for involuntary mental health
  935  services in a treatment facility may be for up to 6 months. The
  936  order shall specify the nature and extent of the patient’s
  937  mental illness, and, unless the patient has transferred to a
  938  voluntary status, the facility must discharge the patient at any
  939  time he or she no longer meets the criteria for involuntary
  940  inpatient treatment. The court may not order an individual with
  941  a developmental disability as defined in s. 393.063, traumatic
  942  brain injury, or dementia who lacks a co-occurring mental
  943  illness to be involuntarily placed in a state treatment
  944  facility. These individuals must be referred to the Agency for
  945  Persons with Disabilities or the Department of Elderly Affairs
  946  for further evaluation and the provision of appropriate services
  947  for their individual needs. In addition, if it reasonably
  948  appears that the individual with developmental disabilities,
  949  traumatic brain injury, or dementia would be found incapacitated
  950  under chapter 744 and the individual does not already have a
  951  legal guardian, the facility must inform the department and any
  952  known next of kin and initiate guardianship proceedings.
  953  Provided that the facility is attempting to locate appropriate
  954  placement while the guardianship hearing is pending, the
  955  facility may hold the individual until the petition to appoint a
  956  guardian is adjudicated by the court and placement is secured.
  957  The facility shall discharge a patient any time the patient no
  958  longer meets the criteria for involuntary inpatient placement,
  959  unless the patient has transferred to voluntary status.
  960         (c) If at any time before the conclusion of the involuntary
  961  placement hearing on involuntary inpatient placement it appears
  962  to the court that the person does not meet the criteria of for
  963  involuntary inpatient placement under this section, but instead
  964  meets the criteria for involuntary outpatient services, the
  965  court may order the person evaluated for involuntary outpatient
  966  services pursuant to s. 394.4655. The petition and hearing
  967  procedures set forth in s. 394.4655 shall apply. If the person
  968  instead meets the criteria for involuntary assessment,
  969  protective custody, or involuntary admission or treatment
  970  pursuant to s. 397.675, then the court may order the person to
  971  be admitted for involuntary assessment for a period of 5 days
  972  pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings
  973  are governed by chapter 397.
  974         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
  975  PLACEMENT.—
  976         (d) If at a hearing it is shown that the patient continues
  977  to meet the criteria for involuntary inpatient placement, the
  978  administrative law judge shall sign the order for continued
  979  involuntary inpatient placement for up to 90 days. However, any
  980  order for involuntary mental health services in a treatment
  981  facility may be for up to 6 months. The same procedure shall be
  982  repeated before the expiration of each additional period the
  983  patient is retained.
  984  
  985  The procedure required in this subsection must be followed
  986  before the expiration of each additional period the patient is
  987  involuntarily receiving services.
  988         Section 12. Subsection (3) of section 394.495, Florida
  989  Statutes, is amended to read:
  990         394.495 Child and adolescent mental health system of care;
  991  programs and services.—
  992         (3) Assessments must be performed by:
  993         (a) A clinical psychologist, clinical social worker,
  994  physician, psychiatric nurse, or psychiatrist as those terms are
  995  defined in s. 394.455 professional as defined in s. 394.455(5),
  996  (7), (33), (36), or (37);
  997         (b) A professional licensed under chapter 491; or
  998         (c) A person who is under the direct supervision of a
  999  clinical psychologist, clinical social worker, physician,
 1000  psychiatric nurse, or psychiatrist as those terms are defined in
 1001  s. 394.455 qualified professional as defined in s. 394.455(5),
 1002  (7), (33), (36), or (37) or a professional licensed under
 1003  chapter 491.
 1004         Section 13. Subsection (5) of section 394.496, Florida
 1005  Statutes, is amended to read:
 1006         394.496 Service planning.—
 1007         (5) A clinical psychologist, clinical social worker,
 1008  physician, psychiatric nurse, or psychiatrist as those terms are
 1009  defined in s. 394.455 professional as defined in s. 394.455(5),
 1010  (7), (33), (36), or (37) or a professional licensed under
 1011  chapter 491 must be included among those persons developing the
 1012  services plan.
 1013         Section 14. Paragraph (a) of subsection (2) of section
 1014  394.499, Florida Statutes, is amended to read:
 1015         394.499 Integrated children’s crisis stabilization
 1016  unit/juvenile addictions receiving facility services.—
 1017         (2) Children eligible to receive integrated children’s
 1018  crisis stabilization unit/juvenile addictions receiving facility
 1019  services include:
 1020         (a) A person under 18 years of age for whom voluntary
 1021  application is made by his or her parent or legal guardian, if
 1022  such person is found to show evidence of mental illness and to
 1023  be suitable for treatment pursuant to s. 394.4625. A person
 1024  under 18 years of age may be admitted for integrated facility
 1025  services only after a hearing to verify that the consent to
 1026  admission is voluntary is conducted pursuant to s. 394.4625.
 1027         Section 15. Subsection (6) of section 394.9085, Florida
 1028  Statutes, is amended to read:
 1029         394.9085 Behavioral provider liability.—
 1030         (6) For purposes of this section, the terms “detoxification
 1031  services,” “addictions receiving facility,” and “receiving
 1032  facility” have the same meanings as those provided in ss.
 1033  397.311(26)(a)4. 397.311(26)(a)3., 397.311(26)(a)1., and 394.455
 1034  394.455(40), respectively.
 1035         Section 16. Subsection (3) of section 397.305, Florida
 1036  Statutes, is amended to read:
 1037         397.305 Legislative findings, intent, and purpose.—
 1038         (3) It is the purpose of this chapter to provide for a
 1039  comprehensive continuum of accessible and quality substance
 1040  abuse prevention, intervention, clinical treatment, and recovery
 1041  support services in the most appropriate and least restrictive
 1042  environment which promotes long-term recovery while protecting
 1043  and respecting the rights of individuals, primarily through
 1044  community-based private not-for-profit providers working with
 1045  local governmental programs involving a wide range of agencies
 1046  from both the public and private sectors.
 1047         Section 17. Present subsections (29) through (36) and (37)
 1048  through (50) of section 397.311, Florida Statutes, are
 1049  redesignated as subsections (30) through (37) and (39) through
 1050  (52), respectively, new subsections (29) and (38) are added to
 1051  that section, and subsections (19) and (23) of that section are
 1052  amended, to read:
 1053         397.311 Definitions.—As used in this chapter, except part
 1054  VIII, the term:
 1055         (19) “Impaired” or “substance abuse impaired” means having
 1056  a substance use disorder or a condition involving the use of
 1057  alcoholic beverages, illicit or prescription drugs, or any
 1058  psychoactive or mood-altering substance in such a manner as to
 1059  induce mental, emotional, or physical problems or and cause
 1060  socially dysfunctional behavior.
 1061         (23) “Involuntary treatment services” means an array of
 1062  behavioral health services that may be ordered by the court for
 1063  persons with substance abuse impairment or co-occurring
 1064  substance abuse impairment and mental health disorders.
 1065         (29)“Neglect or refuse to care for himself or herself”
 1066  includes, but is not limited to, evidence that a person:
 1067         (a)Is unable to satisfy basic needs for nourishment,
 1068  clothing, medical care, shelter, or safety, in a manner that
 1069  creates a substantial probability of imminent death, serious
 1070  physical debilitation, or disease; or
 1071         (b)Is substantially unable to make an informed treatment
 1072  choice and needs care or treatment to prevent deterioration.
 1073         (38)“Real and present threat of substantial harm”
 1074  includes, but is not limited to, evidence of a substantial
 1075  probability that the untreated person will:
 1076         (a)Lack, refuse, or not receive services for health and
 1077  safety which are actually available in the community; or
 1078         (b)Suffer severe mental, emotional, or physical harm that
 1079  will result in the loss of his or her ability to function in the
 1080  community or the loss of cognitive or volitional control over
 1081  thoughts or actions.
 1082         Section 18. Section 397.416, Florida Statutes, is amended
 1083  to read:
 1084         397.416 Substance abuse treatment services; qualified
 1085  professional.—Notwithstanding any other provision of law, a
 1086  person who was certified through a certification process
 1087  recognized by the former Department of Health and Rehabilitative
 1088  Services before January 1, 1995, may perform the duties of a
 1089  qualified professional with respect to substance abuse treatment
 1090  services as defined in this chapter, and need not meet the
 1091  certification requirements contained in s. 397.311(36) s.
 1092  397.311(35).
 1093         Section 19. Subsection (11) is added to section 397.501,
 1094  Florida Statutes, to read:
 1095         397.501 Rights of individuals.—Individuals receiving
 1096  substance abuse services from any service provider are
 1097  guaranteed protection of the rights specified in this section,
 1098  unless otherwise expressly provided, and service providers must
 1099  ensure the protection of such rights.
 1100         (11)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, the
 1101  facility must inform a respondent with a serious substance use
 1102  disorder of the essential elements of recovery and provide
 1103  assistance with accessing a continuum of care regimen. The
 1104  department may adopt rules specifying the services that may be
 1105  provided to such respondents.
 1106         Section 20. Section 397.675, Florida Statutes, is amended
 1107  to read:
 1108         397.675 Criteria for involuntary admissions, including
 1109  protective custody, emergency admission, and other involuntary
 1110  assessment, involuntary treatment, and alternative involuntary
 1111  assessment for minors, for purposes of assessment and
 1112  stabilization, and for involuntary treatment.—A person meets the
 1113  criteria for involuntary admission if there is good faith reason
 1114  to believe that the person is substance abuse impaired or has a
 1115  substance use disorder and a co-occurring mental health disorder
 1116  and, because of such impairment or disorder:
 1117         (1) Has lost the power of self-control with respect to
 1118  substance abuse, or has a history of noncompliance with
 1119  substance abuse treatment with continued substance use; and
 1120         (2)(a) Is in need of substance abuse services and, by
 1121  reason of substance abuse impairment, his or her judgment has
 1122  been so impaired that he or she is refusing voluntary care after
 1123  a sufficient and conscientious explanation and disclosure of the
 1124  purpose for such services, or is incapable of appreciating his
 1125  or her need for such services and of making a rational decision
 1126  in that regard, although mere refusal to receive such services
 1127  does not constitute evidence of lack of judgment with respect to
 1128  his or her need for such services; and or
 1129         (3)(a)(b) Without care or treatment, is likely to suffer
 1130  from neglect or refuse to care for himself or herself; that such
 1131  neglect or refusal poses a real and present threat of
 1132  substantial harm to his or her well-being; and that it is not
 1133  apparent that such harm may be avoided through the help of
 1134  willing, able, and responsible family members or friends or the
 1135  provision of other services;, or
 1136         (b) There is substantial likelihood that in the near future
 1137  and without services, the person will inflict serious harm to
 1138  self or others, as evidenced by recent acts, omissions, or
 1139  behavior causing, attempting, or threatening such harm, which
 1140  includes, but is not limited to, significant property damage has
 1141  inflicted, or threatened to or attempted to inflict, or, unless
 1142  admitted, is likely to inflict, physical harm on himself,
 1143  herself, or another.
 1144         Section 21. Subsection (1) of section 397.6751, Florida
 1145  Statutes, is amended to read:
 1146         397.6751 Service provider responsibilities regarding
 1147  involuntary admissions.—
 1148         (1) It is the responsibility of the service provider to:
 1149         (a) Ensure that a person who is admitted to a licensed
 1150  service component meets the admission criteria specified in s.
 1151  397.675;
 1152         (b) Ascertain whether the medical and behavioral conditions
 1153  of the person, as presented, are beyond the safe management
 1154  capabilities of the service provider;
 1155         (c) Provide for the admission of the person to the service
 1156  component that represents the most appropriate and least
 1157  restrictive available setting that is responsive to the person’s
 1158  treatment needs;
 1159         (d) Verify that the admission of the person to the service
 1160  component does not result in a census in excess of its licensed
 1161  service capacity;
 1162         (e) Determine whether the cost of services is within the
 1163  financial means of the person or those who are financially
 1164  responsible for the person’s care; and
 1165         (f) Take all necessary measures to ensure that each
 1166  individual in treatment is provided with a safe environment, and
 1167  to ensure that each individual whose medical condition or
 1168  behavioral problem becomes such that he or she cannot be safely
 1169  managed by the service component is discharged and referred to a
 1170  more appropriate setting for care.
 1171         Section 22. Section 397.681, Florida Statutes, is amended
 1172  to read:
 1173         397.681 Involuntary petitions; general provisions; court
 1174  jurisdiction and right to counsel.—
 1175         (1) JURISDICTION.—The courts have jurisdiction of
 1176  involuntary assessment and stabilization petitions and
 1177  involuntary treatment petitions for substance abuse impaired
 1178  persons, and such petitions must be filed with the clerk of the
 1179  court in the county where the person is located or resides. The
 1180  clerk of the court may not charge a fee for the filing of a
 1181  petition under this section. The chief judge may appoint a
 1182  general or special magistrate to preside over all or part of the
 1183  proceedings related to the petition or any ancillary matters
 1184  thereto, which include, but are not limited to, writs of habeas
 1185  corpus issued pursuant to s. 397.501(9). The alleged impaired
 1186  person is named as the respondent.
 1187         (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
 1188  at every stage of a proceeding relating to a petition for his or
 1189  her involuntary assessment and a petition for his or her
 1190  involuntary treatment for substance abuse impairment. A
 1191  respondent who desires counsel and is unable to afford private
 1192  counsel has the right to court-appointed counsel and to the
 1193  benefits of s. 57.081. If the court believes that the respondent
 1194  needs the assistance of counsel, the court shall appoint such
 1195  counsel for the respondent without regard to the respondent’s
 1196  wishes. If the respondent is a minor not otherwise represented
 1197  in the proceeding, the court shall immediately appoint a
 1198  guardian ad litem to act on the minor’s behalf.
 1199         (3)STATE REPRESENTATIVE.—Subject to legislative
 1200  appropriation, for all court-involved involuntary proceedings
 1201  under this chapter in which the petitioner has not retained
 1202  private counsel, the state attorney for the circuit in which the
 1203  respondent is located shall represent the state rather than the
 1204  petitioner as the real party of interest in the proceeding, but
 1205  the petitioner has the right to be heard. Furthermore, the state
 1206  attorney may not use any record obtained under this part for
 1207  criminal investigation or prosecution purposes, or for any
 1208  purpose other than the respondent’s civil commitment under this
 1209  chapter. Any record obtained under this subsection must remain
 1210  confidential.
 1211         Section 23. Section 397.6811, Florida Statutes, is
 1212  repealed.
 1213         Section 24. Section 397.6814, Florida Statutes, is
 1214  repealed.
 1215         Section 25. Section 397.6815, Florida Statutes, is
 1216  repealed.
 1217         Section 26. Section 397.6818, Florida Statutes, is
 1218  repealed.
 1219         Section 27. Section 397.6819, Florida Statutes, is
 1220  repealed.
 1221         Section 28. Section 397.6821, Florida Statutes, is
 1222  repealed.
 1223         Section 29. Section 397.6822, Florida Statutes, is
 1224  repealed.
 1225         Section 30. Section 397.693, Florida Statutes, is amended
 1226  to read:
 1227         397.693 Involuntary treatment.—A person may be the subject
 1228  of a petition for court-ordered involuntary treatment pursuant
 1229  to this part, if that person:
 1230         (1)Reasonably appears to meet meets the criteria for
 1231  involuntary admission provided in s. 397.675; and:
 1232         (2)(1) Has been placed under protective custody pursuant to
 1233  s. 397.677 within the previous 10 days;
 1234         (3)(2) Has been subject to an emergency admission pursuant
 1235  to s. 397.679 within the previous 10 days; or
 1236         (4)(3) Has been assessed by a qualified professional within
 1237  30 5 days;
 1238         (4)Has been subject to involuntary assessment and
 1239  stabilization pursuant to s. 397.6818 within the previous 12
 1240  days; or
 1241         (5)Has been subject to alternative involuntary admission
 1242  pursuant to s. 397.6822 within the previous 12 days.
 1243         Section 31. Section 397.695, Florida Statutes, is amended
 1244  to read:
 1245         397.695 Involuntary treatment services; persons who may
 1246  petition.—
 1247         (1) If the respondent is an adult, a petition for
 1248  involuntary treatment services may be filed by the respondent’s
 1249  spouse or legal guardian, any relative, a service provider, or
 1250  an adult who has direct personal knowledge of the respondent’s
 1251  substance abuse impairment and his or her prior course of
 1252  assessment and treatment.
 1253         (2) If the respondent is a minor, a petition for
 1254  involuntary treatment may be filed by a parent, legal guardian,
 1255  or service provider.
 1256         (3)The court or the clerk of the court may waive or
 1257  prohibit any service of process fees if a petitioner is
 1258  determined to be indigent under s. 57.082.
 1259         Section 32. Section 397.6951, Florida Statutes, is amended
 1260  to read:
 1261         397.6951 Contents of petition for involuntary treatment
 1262  services.—
 1263         (1) A petition for involuntary treatment services must
 1264  contain the name of the respondent; the name of the petitioner
 1265  or petitioners; the relationship between the respondent and the
 1266  petitioner; the name of the respondent’s attorney, if known; the
 1267  findings and recommendations of the assessment performed by the
 1268  qualified professional; and the factual allegations presented by
 1269  the petitioner establishing the need for involuntary outpatient
 1270  services for substance abuse impairment. The factual allegations
 1271  must demonstrate the reason for the petitioner’s belief that the
 1272  respondent:
 1273         (1)The reason for the petitioner’s belief that the
 1274  respondent is substance abuse impaired;
 1275         (a)(2)The reason for the petitioner’s belief that because
 1276  of such impairment the respondent Has lost the power of self
 1277  control with respect to substance abuse, or has a history of
 1278  noncompliance with substance abuse treatment with continued
 1279  substance use; and
 1280         (b)Needs substance abuse services, but his or her judgment
 1281  is so impaired by substance abuse that he or she either is
 1282  refusing voluntary care after a sufficient and conscientious
 1283  explanation and disclosure of the purpose of such services, or
 1284  is incapable of appreciating his or her need for such services
 1285  and of making a rational decision in that regard; and
 1286         (c)1.Without services, is likely to suffer from neglect or
 1287  refuse to care for himself or herself; that the neglect or
 1288  refusal poses a real and present threat of substantial harm to
 1289  his or her well-being; and that it is not apparent that the harm
 1290  may be avoided through the help of willing, able, and
 1291  responsible family members or friends or the provision of other
 1292  services; or
 1293         2.There is a substantial likelihood that in the near
 1294  future and without services, the respondent will inflict serious
 1295  harm to self or others, as evidenced by recent acts, omissions,
 1296  or behavior causing, attempting, or threatening such harm, which
 1297  includes, but is not limited to, significant property damage
 1298         (3)(a)The reason the petitioner believes that the
 1299  respondent has inflicted or is likely to inflict physical harm
 1300  on himself or herself or others unless the court orders the
 1301  involuntary services; or
 1302         (b)The reason the petitioner believes that the
 1303  respondent’s refusal to voluntarily receive care is based on
 1304  judgment so impaired by reason of substance abuse that the
 1305  respondent is incapable of appreciating his or her need for care
 1306  and of making a rational decision regarding that need for care.
 1307         (2)The petition may be accompanied by a certificate or
 1308  report of a qualified professional or a licensed physician who
 1309  examined the respondent within 30 days before the petition was
 1310  filed. This certificate or report must include the qualified
 1311  professional or physician’s findings relating to his or her
 1312  assessment of the patient and his or her treatment
 1313  recommendations. If the respondent was not assessed before the
 1314  filing of a treatment petition or refused to submit to an
 1315  evaluation, the lack of assessment or refusal must be noted in
 1316  the petition.
 1317         (3)If there is an emergency, the petition must also
 1318  describe the respondent’s exigent circumstances and include a
 1319  request for an ex parte assessment and stabilization order that
 1320  must be executed pursuant to s. 397.6955(4).
 1321         Section 33. Section 397.6955, Florida Statutes, is amended
 1322  to read:
 1323         397.6955 Duties of court upon filing of petition for
 1324  involuntary treatment services.—
 1325         (1) Upon the filing of a petition for involuntary treatment
 1326  services for a substance abuse impaired person with the clerk of
 1327  the court which does not indicate that the petitioner has
 1328  retained private counsel, the clerk must notify the state
 1329  attorney’s office. In addition, the court shall immediately
 1330  determine whether the respondent is represented by an attorney
 1331  or whether the appointment of counsel for the respondent is
 1332  appropriate. If, based on the contents of the petition, the
 1333  court appoints counsel for the person, the clerk of the court
 1334  shall immediately notify the office of criminal conflict and
 1335  civil regional counsel, created pursuant to s. 27.511, of the
 1336  appointment. The office of criminal conflict and civil regional
 1337  counsel shall represent the person until the petition is
 1338  dismissed, the court order expires, or the person is discharged
 1339  from involuntary treatment services, or the office is otherwise
 1340  discharged by the court. An attorney that represents the person
 1341  named in the petition shall have access to the person,
 1342  witnesses, and records relevant to the presentation of the
 1343  person’s case and shall represent the interests of the person,
 1344  regardless of the source of payment to the attorney.
 1345         (2) The court shall schedule a hearing to be held on the
 1346  petition within 10 court working 5 days unless a continuance is
 1347  granted. The court may appoint a magistrate to preside at the
 1348  hearing.
 1349         (3) A copy of the petition and notice of the hearing must
 1350  be provided to the respondent; the respondent’s parent,
 1351  guardian, or legal custodian, in the case of a minor; the
 1352  respondent’s attorney, if known; the petitioner; the
 1353  respondent’s spouse or guardian, if applicable; and such other
 1354  persons as the court may direct. If the respondent is a minor, a
 1355  copy of the petition and notice of the hearing must be
 1356  personally delivered to the respondent. The clerk court shall
 1357  also issue a summons to the person whose admission is sought,
 1358  and unless a circuit court’s chief judge authorizes
 1359  disinterested private process servers to serve parties under
 1360  this chapter, a law enforcement agency must effect service for
 1361  the initial treatment hearing.
 1362         (4)(a)When the petitioner asserts that emergency
 1363  circumstances exist, or when upon review of the petition the
 1364  court determines that an emergency exists, the court may rely
 1365  solely on the contents of the petition and, without the
 1366  appointment of an attorney, enter an ex parte order for the
 1367  respondent’s involuntary assessment and stabilization which must
 1368  be executed during the period when the hearing on the petition
 1369  for treatment is pending. The court may further order a law
 1370  enforcement officer or other designated agent of the court to:
 1371         1.Take the respondent into custody and deliver him or her
 1372  to either the nearest appropriate licensed service provider or a
 1373  licensed service provider designated by the court to be
 1374  evaluated; and
 1375         2.Serve the respondent with the notice of hearing and a
 1376  copy of the petition.
 1377         (b)The service provider must promptly inform the court and
 1378  parties of the respondent’s arrival and may not hold the
 1379  respondent for longer than 72 hours of observation thereafter,
 1380  unless:
 1381         1.The service provider seeks additional time under s.
 1382  397.6957(1)(c) and the court, after a hearing, grants that
 1383  motion;
 1384         2.The respondent shows signs of withdrawal, or a need to
 1385  be either detoxified or treated for a medical condition, which
 1386  shall extend the amount of time the respondent may be held for
 1387  observation until the issue is resolved; or
 1388         3.The original or extended observation period ends on a
 1389  weekend or holiday, in which case the provider may hold the
 1390  respondent until the next court working day.
 1391         (c)If the ex parte order was not executed by the initial
 1392  hearing date, it shall be deemed void. However, should the
 1393  respondent not appear at the hearing for any reason, including
 1394  lack of service, and upon reviewing the petition, testimony, and
 1395  evidence presented, the court reasonably believes the respondent
 1396  meets this chapter’s commitment criteria and that a substance
 1397  abuse emergency exists, the court may issue or reissue an ex
 1398  parte assessment and stabilization order that is valid for 90
 1399  days. If the respondent’s location is known at the time of the
 1400  hearing, the court:
 1401         1.Shall continue the case for no more than 10 court
 1402  working days; and
 1403         2.May order a law enforcement officer or other designated
 1404  agent of the court to:
 1405         a.Take the respondent into custody and deliver him or her
 1406  to be evaluated either by the nearest appropriate licensed
 1407  service provider or by a licensed service provider designated by
 1408  the court; and
 1409         b.If a hearing date is set, serve the respondent with
 1410  notice of the rescheduled hearing and a copy of the involuntary
 1411  treatment petition if the respondent has not already been
 1412  served.
 1413  
 1414  Otherwise, the petitioner and the service provider must promptly
 1415  inform the court that the respondent has been assessed so that
 1416  the court may schedule a hearing as soon as practicable. The
 1417  service provider must serve the respondent, before his or her
 1418  discharge, with the notice of hearing and a copy of the
 1419  petition. However, if the respondent has not been assessed
 1420  within 90 days, the court must dismiss the case.
 1421         Section 34. Section 397.6957, Florida Statutes, is amended
 1422  to read:
 1423         397.6957 Hearing on petition for involuntary treatment
 1424  services.—
 1425         (1)(a)The respondent must be present at a hearing on a
 1426  petition for involuntary treatment services unless he or she
 1427  knowingly, intelligently, and voluntarily waives his or her
 1428  right to be present or, upon receiving proof of service and
 1429  evaluating the circumstances of the case, the court finds that
 1430  his or her presence is inconsistent with his or her best
 1431  interests or is likely to be injurious to himself or herself or
 1432  others., The court shall hear and review all relevant evidence,
 1433  including testimony from individuals such as family members
 1434  familiar with the respondent’s prior history and how it relates
 1435  to his or her current condition, and the review of results of
 1436  the assessment completed by the qualified professional in
 1437  connection with this chapter. The court may also order drug
 1438  tests. Absent a showing of good cause, such as specific symptoms
 1439  of the respondent’s condition, the court may permit all
 1440  witnesses, such as any medical professionals or personnel who
 1441  are or have been involved with the respondent’s treatment, to
 1442  remotely attend and testify at the hearing under oath via the
 1443  most appropriate and convenient technological method of
 1444  communication available to the court, including, but not limited
 1445  to, teleconference. Any witness intending to remotely attend and
 1446  testify at the hearing must provide the parties with all
 1447  relevant documents by the close of business on the day before
 1448  the hearing the respondent’s protective custody, emergency
 1449  admission, involuntary assessment, or alternative involuntary
 1450  admission. The respondent must be present unless the court finds
 1451  that his or her presence is likely to be injurious to himself or
 1452  herself or others, in which event the court must appoint a
 1453  guardian advocate to act in behalf of the respondent throughout
 1454  the proceedings.
 1455         (b)A respondent cannot be involuntarily ordered into
 1456  treatment under this chapter without a clinical assessment being
 1457  performed, unless he or she is present in court and expressly
 1458  waives the assessment. In nonemergency situations, if the
 1459  respondent was not, or had previously refused to be, assessed by
 1460  a qualified professional and, based on the petition, testimony,
 1461  and evidence presented, it reasonably appears that the
 1462  respondent qualifies for involuntary treatment services, the
 1463  court shall issue an involuntary assessment and stabilization
 1464  order to determine the appropriate level of treatment the
 1465  respondent requires. Additionally, in cases where an assessment
 1466  was attached to the petition, the respondent may request, or the
 1467  court on its own motion may order, an independent assessment by
 1468  a court-appointed physician or an otherwise agreed-upon
 1469  physician. If an assessment order is issued, it is valid for 90
 1470  days, and if the respondent is present or there is either proof
 1471  of service or his or her location is known, the involuntary
 1472  treatment hearing shall be continued for no more than 10 court
 1473  working days. Otherwise, the petitioner and the service provider
 1474  must promptly inform the court that the respondent has been
 1475  assessed so that the court may schedule a hearing as soon as
 1476  practicable. The service provider shall then serve the
 1477  respondent, before his or her discharge, with the notice of
 1478  hearing and a copy of the petition. The assessment must occur
 1479  before the new hearing date, and if there is evidence indicating
 1480  that the respondent will not voluntarily appear at the
 1481  forthcoming hearing, or is a danger to self or others, the court
 1482  may enter a preliminary order committing the respondent to an
 1483  appropriate treatment facility for further evaluation until the
 1484  date of the rescheduled hearing. However, if after 90 days the
 1485  respondent remains unassessed, the court shall dismiss the case.
 1486         (c)1.The respondent’s assessment by a qualified
 1487  professional must occur within 72 hours after his or her arrival
 1488  at a licensed service provider unless he or she shows signs of
 1489  withdrawal or a need to be either detoxified or treated for a
 1490  medical condition, which shall extend the amount of time the
 1491  respondent may be held for observation until that issue is
 1492  resolved. If the person conducting the assessment is not a
 1493  licensed physician, the assessment must be reviewed by a
 1494  licensed physician within the 72-hour period. If the respondent
 1495  is a minor, such assessment must be initiated within the first
 1496  12 hours after the minor’s admission to the facility. The
 1497  service provider may also move to extend the 72 hours of
 1498  observation by petitioning the court in writing for additional
 1499  time. The service provider must furnish copies of such motion to
 1500  all parties in accordance with applicable confidentiality
 1501  requirements, and, after a hearing, the court may grant
 1502  additional time or expedite the respondent’s involuntary
 1503  treatment hearing. The involuntary treatment hearing, however,
 1504  may be expedited only by agreement of the parties on the hearing
 1505  date or if there is notice and proof of service as provided in
 1506  s. 397.6955 (1) and (3). If the court grants the service
 1507  provider’s petition, the service provider may hold the
 1508  respondent until its extended assessment period expires or until
 1509  the expedited hearing date. However, if the original or extended
 1510  observation period ends on a weekend or holiday, the provider
 1511  may hold the respondent until the next court working day.
 1512         2.Upon the completion of his or her report, the qualified
 1513  professional, in accordance with applicable confidentiality
 1514  requirements, shall provide copies to the court and all relevant
 1515  parties and counsel. This report must contain a recommendation
 1516  on the level, if any, of substance abuse and, if applicable, co
 1517  occurring mental health treatment the respondent requires. The
 1518  qualified professional’s failure to include a treatment
 1519  recommendation, much like a recommendation of no treatment,
 1520  shall result in the petition’s dismissal.
 1521         (d)The court may order a law enforcement officer or other
 1522  designated agent of the court to take the respondent into
 1523  custody and transport him or her to or from the treating or
 1524  assessing service provider and the court for his or her hearing.
 1525         (2) The petitioner has the burden of proving by clear and
 1526  convincing evidence that:
 1527         (a) The respondent is substance abuse impaired, has lost
 1528  the power of self-control with respect to substance abuse, or
 1529  and has a history of lack of compliance with treatment for
 1530  substance abuse with continued substance use; and
 1531         (b) Because of such impairment, the respondent is unlikely
 1532  to voluntarily participate in the recommended services after
 1533  sufficient and conscientious explanation and disclosure of their
 1534  purpose, or is unable to determine for himself or herself
 1535  whether services are necessary and make a rational decision in
 1536  that regard; and:
 1537         (c)1. Without services, the respondent is likely to suffer
 1538  from neglect or refuse to care for himself or herself; that such
 1539  neglect or refusal poses a real and present threat of
 1540  substantial harm to his or her well-being; and that it is not
 1541  apparent that such harm may be avoided through the help of
 1542  willing, able, and responsible family members or friends or the
 1543  provision of other services; or
 1544         2. There is a substantial likelihood that in the near
 1545  future and without services, the respondent will inflict serious
 1546  harm to self or others, as evidenced by recent acts, omissions,
 1547  or behavior causing, attempting, or threatening such harm, which
 1548  includes, but is not limited to, significant property damage
 1549  cause serious bodily harm to himself, herself, or another in the
 1550  near future, as evidenced by recent behavior; or
 1551         2.The respondent’s refusal to voluntarily receive care is
 1552  based on judgment so impaired by reason of substance abuse that
 1553  the respondent is incapable of appreciating his or her need for
 1554  care and of making a rational decision regarding that need for
 1555  care.
 1556         (3) One of the qualified professionals who executed the
 1557  involuntary services certificate must be a witness. The court
 1558  shall allow testimony from individuals, including family
 1559  members, deemed by the court to be relevant under state law,
 1560  regarding the respondent’s prior history and how that prior
 1561  history relates to the person’s current condition. The Testimony
 1562  in the hearing must be taken under oath, and the proceedings
 1563  must be recorded. The respondent patient may refuse to testify
 1564  at the hearing.
 1565         (4)If at any point during the hearing the court has reason
 1566  to believe that the respondent, due to mental illness other than
 1567  or in addition to substance abuse impairment, is likely to
 1568  neglect or injure himself, herself, or another if allowed to
 1569  remain at liberty, or otherwise meets the involuntary commitment
 1570  provisions of part I of chapter 394, the court may initiate
 1571  involuntary examination proceedings under such provisions.
 1572         (5)(4) At the conclusion of the hearing, the court shall
 1573  either dismiss the petition or order the respondent to receive
 1574  involuntary treatment services from his or her chosen licensed
 1575  service provider if possible and appropriate. Any treatment
 1576  order must include findings regarding the respondent’s need for
 1577  treatment and the appropriateness of other less restrictive
 1578  alternatives.
 1579         Section 35. Section 397.697, Florida Statutes, is amended
 1580  to read:
 1581         397.697 Court determination; effect of court order for
 1582  involuntary treatment services.—
 1583         (1)(a) When the court finds that the conditions for
 1584  involuntary treatment services have been proved by clear and
 1585  convincing evidence, it may order the respondent to receive
 1586  involuntary treatment services from a publicly funded licensed
 1587  service provider for a period not to exceed 90 days. The court
 1588  may also order a respondent to undergo treatment through a
 1589  privately funded licensed service provider if the respondent has
 1590  the ability to pay for the treatment, or if any person on the
 1591  respondent’s behalf voluntarily demonstrates a willingness and
 1592  an ability to pay for the treatment. If the court finds it
 1593  necessary, it may direct the sheriff to take the respondent into
 1594  custody and deliver him or her to the licensed service provider
 1595  specified in the court order, or to the nearest appropriate
 1596  licensed service provider, for involuntary treatment services.
 1597  When the conditions justifying involuntary treatment services no
 1598  longer exist, the individual must be released as provided in s.
 1599  397.6971. When the conditions justifying involuntary treatment
 1600  services are expected to exist after 90 days of treatment
 1601  services, a renewal of the involuntary treatment services order
 1602  may be requested pursuant to s. 397.6975 before the end of the
 1603  90-day period.
 1604         (b)To qualify for involuntary outpatient treatment, an
 1605  individual must be supported by a social worker or case manager
 1606  of a licensed service provider or a willing, able, and
 1607  responsible individual appointed by the court who shall inform
 1608  the court and parties if the respondent fails to comply with his
 1609  or her outpatient program. In addition, unless the respondent
 1610  has been involuntarily ordered into inpatient treatment under
 1611  this chapter at least twice during the last 36 months, or
 1612  demonstrates the ability to substantially comply with the
 1613  outpatient treatment while waiting for residential placement to
 1614  become available, he or she must receive an assessment from a
 1615  qualified professional or licensed physician expressly
 1616  recommending outpatient services, such services must be
 1617  available in the county in which the respondent is located, and
 1618  it must appear likely that the respondent will follow a
 1619  prescribed outpatient care plan.
 1620         (2) In all cases resulting in an order for involuntary
 1621  treatment services, the court shall retain jurisdiction over the
 1622  case and the parties for the entry of such further orders as the
 1623  circumstances may require, including, but not limited to,
 1624  monitoring compliance with treatment, changing the treatment
 1625  modality, or initiating contempt of court proceedings for
 1626  violating any valid order issued pursuant to this chapter.
 1627  Hearings under this section may be set by motion of the parties
 1628  or under the court’s own authority, and the motion and notice of
 1629  hearing for these ancillary proceedings, which include, but are
 1630  not limited to, civil contempt, must be served in accordance
 1631  with relevant court procedural rules. The court’s requirements
 1632  for notification of proposed release must be included in the
 1633  original order.
 1634         (3) An involuntary treatment services order also authorizes
 1635  the licensed service provider to require the individual to
 1636  receive treatment services that will benefit him or her,
 1637  including treatment services at any licensable service component
 1638  of a licensed service provider. While subject to the court’s
 1639  oversight, the service provider’s authority under this section
 1640  is separate and distinct from the court’s broad continuing
 1641  jurisdiction under subsection (2). Such oversight includes, but
 1642  is not limited to, submitting reports regarding the respondent’s
 1643  progress or compliance with treatment as required by the court.
 1644         (4) If the court orders involuntary treatment services, a
 1645  copy of the order must be sent to the managing entity within 1
 1646  working day after it is received from the court. Documents may
 1647  be submitted electronically through though existing data
 1648  systems, if applicable.
 1649         Section 36. Section 397.6971, Florida Statutes, is amended
 1650  to read:
 1651         397.6971 Early release from involuntary treatment
 1652  services.—
 1653         (1) At any time before the end of the 90-day involuntary
 1654  treatment services period, or before the end of any extension
 1655  granted pursuant to s. 397.6975, an individual receiving
 1656  involuntary treatment services may be determined eligible for
 1657  discharge to the most appropriate referral or disposition for
 1658  the individual when any of the following apply:
 1659         (a) The individual no longer meets the criteria for
 1660  involuntary admission and has given his or her informed consent
 1661  to be transferred to voluntary treatment status.
 1662         (b) If the individual was admitted on the grounds of
 1663  likelihood of self-neglect or the infliction of physical harm
 1664  upon himself or herself or others, such likelihood no longer
 1665  exists.
 1666         (c) If the individual was admitted on the grounds of need
 1667  for assessment and stabilization or treatment, accompanied by
 1668  inability to make a determination respecting such need:
 1669         1. Such inability no longer exists; or
 1670         2. It is evident that further treatment will not bring
 1671  about further significant improvements in the individual’s
 1672  condition.
 1673         (d) The individual is no longer needs treatment in need of
 1674  services.
 1675         (e) The director of the service provider determines that
 1676  the individual is beyond the safe management capabilities of the
 1677  provider.
 1678         (2) Whenever a qualified professional determines that an
 1679  individual admitted for involuntary treatment services qualifies
 1680  for early release under subsection (1), the service provider
 1681  shall immediately discharge the individual and must notify all
 1682  persons specified by the court in the original treatment order.
 1683         Section 37. Section 397.6975, Florida Statutes, is amended
 1684  to read:
 1685         397.6975 Extension of involuntary treatment services
 1686  period.—
 1687         (1) Whenever a service provider believes that an individual
 1688  who is nearing the scheduled date of his or her release from
 1689  involuntary treatment services continues to meet the criteria
 1690  for involuntary treatment services in s. 397.693 or s. 397.6957,
 1691  a petition for renewal of the involuntary treatment services
 1692  order must may be filed with the court at least 10 days before
 1693  the expiration of the court-ordered services period. The
 1694  petition may be filed by the service provider or by the person
 1695  who filed the petition for the initial treatment order if the
 1696  petition is accompanied by supporting documentation from the
 1697  service provider. The court shall immediately schedule a hearing
 1698  within 10 court working to be held not more than 15 days after
 1699  filing of the petition and. The court shall provide the copy of
 1700  the petition for renewal and the notice of the hearing to all
 1701  parties and counsel to the proceeding. The hearing is conducted
 1702  pursuant to ss. 397.6957 and 397.697 and must be before the
 1703  circuit court unless referred to a magistrate s. 397.6957.
 1704         (2) If the court finds that the petition for renewal of the
 1705  involuntary treatment services order should be granted, it may
 1706  order the respondent to receive involuntary treatment services
 1707  for a period not to exceed an additional 90 days. When the
 1708  conditions justifying involuntary treatment services no longer
 1709  exist, the individual must be released as provided in s.
 1710  397.6971. When the conditions justifying involuntary treatment
 1711  services continue to exist after an additional 90 days of
 1712  treatment service, a new petition requesting renewal of the
 1713  involuntary treatment services order may be filed pursuant to
 1714  this section.
 1715         (3)Within 1 court working day after the filing of a
 1716  petition for continued involuntary services, the court shall
 1717  appoint the office of criminal conflict and civil regional
 1718  counsel to represent the respondent, unless the respondent is
 1719  otherwise represented by counsel. The clerk of the court shall
 1720  immediately notify the office of criminal conflict and civil
 1721  regional counsel of such appointment. The office of criminal
 1722  conflict and civil regional counsel shall represent the
 1723  respondent until the petition is dismissed or the court order
 1724  expires or the respondent is discharged from involuntary
 1725  services. Any attorney representing the respondent shall have
 1726  access to the respondent, witnesses, and records relevant to the
 1727  presentation of the respondent’s case and shall represent the
 1728  interests of the respondent, regardless of the source of payment
 1729  to the attorney.
 1730         (4)Hearings on petitions for continued involuntary
 1731  services shall be before the circuit court. The court may
 1732  appoint a magistrate to preside at the hearing. The procedures
 1733  for obtaining an order pursuant to this section shall be in
 1734  accordance with s. 397.697.
 1735         (5)Notice of hearing shall be provided to the respondent
 1736  or his or her counsel. The respondent and the respondent’s
 1737  counsel may agree to a period of continued involuntary services
 1738  without a court hearing.
 1739         (6)The same procedure shall be repeated before the
 1740  expiration of each additional period of involuntary services.
 1741         (7)If the respondent has previously been found incompetent
 1742  to consent to treatment, the court shall consider testimony and
 1743  evidence regarding the respondent’s competence.
 1744         Section 38. Section 397.6977, Florida Statutes, is amended
 1745  to read:
 1746         397.6977 Disposition of individual upon completion of
 1747  involuntary treatment services.—At the conclusion of the 90-day
 1748  period of court-ordered involuntary treatment services, the
 1749  respondent is automatically discharged unless a motion for
 1750  renewal of the involuntary treatment services order has been
 1751  filed with the court pursuant to s. 397.6975.
 1752         Section 39. Section 397.6978, Florida Statutes, is
 1753  repealed.
 1754         Section 40. Paragraph (b) of subsection (1) of section
 1755  409.972, Florida Statutes, is amended to read:
 1756         409.972 Mandatory and voluntary enrollment.—
 1757         (1) The following Medicaid-eligible persons are exempt from
 1758  mandatory managed care enrollment required by s. 409.965, and
 1759  may voluntarily choose to participate in the managed medical
 1760  assistance program:
 1761         (b) Medicaid recipients residing in residential commitment
 1762  facilities operated through the Department of Juvenile Justice
 1763  or a treatment facility as defined in s. 394.455 s. 394.455(48).
 1764         Section 41. Paragraph (e) of subsection (4) of section
 1765  464.012, Florida Statutes, is amended to read:
 1766         464.012 Licensure of advanced practice registered nurses;
 1767  fees; controlled substance prescribing.—
 1768         (4) In addition to the general functions specified in
 1769  subsection (3), an advanced practice registered nurse may
 1770  perform the following acts within his or her specialty:
 1771         (e) A psychiatric nurse, who meets the requirements in s.
 1772  394.455(37) s. 394.455(36), within the framework of an
 1773  established protocol with a psychiatrist, may prescribe
 1774  psychotropic controlled substances for the treatment of mental
 1775  disorders.
 1776         Section 42. Subsection (7) of section 744.2007, Florida
 1777  Statutes, is amended to read:
 1778         744.2007 Powers and duties.—
 1779         (7) A public guardian may not commit a ward to a treatment
 1780  facility, as defined in s. 394.455 s. 394.455(48), without an
 1781  involuntary placement proceeding as provided by law.
 1782         Section 43. Paragraph (a) of subsection (2) of section
 1783  790.065, Florida Statutes, is amended to read:
 1784         790.065 Sale and delivery of firearms.—
 1785         (2) Upon receipt of a request for a criminal history record
 1786  check, the Department of Law Enforcement shall, during the
 1787  licensee’s call or by return call, forthwith:
 1788         (a) Review any records available to determine if the
 1789  potential buyer or transferee:
 1790         1. Has been convicted of a felony and is prohibited from
 1791  receipt or possession of a firearm pursuant to s. 790.23;
 1792         2. Has been convicted of a misdemeanor crime of domestic
 1793  violence, and therefore is prohibited from purchasing a firearm;
 1794         3. Has had adjudication of guilt withheld or imposition of
 1795  sentence suspended on any felony or misdemeanor crime of
 1796  domestic violence unless 3 years have elapsed since probation or
 1797  any other conditions set by the court have been fulfilled or
 1798  expunction has occurred; or
 1799         4. Has been adjudicated mentally defective or has been
 1800  committed to a mental institution by a court or as provided in
 1801  sub-sub-subparagraph b.(II), and as a result is prohibited by
 1802  state or federal law from purchasing a firearm.
 1803         a. As used in this subparagraph, “adjudicated mentally
 1804  defective” means a determination by a court that a person, as a
 1805  result of marked subnormal intelligence, or mental illness,
 1806  incompetency, condition, or disease, is a danger to himself or
 1807  herself or to others or lacks the mental capacity to contract or
 1808  manage his or her own affairs. The phrase includes a judicial
 1809  finding of incapacity under s. 744.331(6)(a), an acquittal by
 1810  reason of insanity of a person charged with a criminal offense,
 1811  and a judicial finding that a criminal defendant is not
 1812  competent to stand trial.
 1813         b. As used in this subparagraph, “committed to a mental
 1814  institution” means:
 1815         (I) Involuntary commitment, commitment for mental
 1816  defectiveness or mental illness, and commitment for substance
 1817  abuse. The phrase includes involuntary inpatient placement under
 1818  as defined in s. 394.467, involuntary outpatient placement as
 1819  defined in s. 394.4655, involuntary assessment and stabilization
 1820  under s. 397.6818, and involuntary substance abuse treatment
 1821  under s. 397.6957, but does not include a person in a mental
 1822  institution for observation or discharged from a mental
 1823  institution based upon the initial review by the physician or a
 1824  voluntary admission to a mental institution; or
 1825         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 1826  admission to a mental institution for outpatient or inpatient
 1827  treatment of a person who had an involuntary examination under
 1828  s. 394.463, where each of the following conditions have been
 1829  met:
 1830         (A) An examining physician found that the person is an
 1831  imminent danger to himself or herself or others.
 1832         (B) The examining physician certified that if the person
 1833  did not agree to voluntary treatment, a petition for involuntary
 1834  outpatient or inpatient treatment would have been filed under s.
 1835  394.463(2)(g)4., or the examining physician certified that a
 1836  petition was filed and the person subsequently agreed to
 1837  voluntary treatment prior to a court hearing on the petition.
 1838         (C) Before agreeing to voluntary treatment, the person
 1839  received written notice of that finding and certification, and
 1840  written notice that as a result of such finding, he or she may
 1841  be prohibited from purchasing a firearm, and may not be eligible
 1842  to apply for or retain a concealed weapon or firearms license
 1843  under s. 790.06 and the person acknowledged such notice in
 1844  writing, in substantially the following form:
 1845  
 1846  “I understand that the doctor who examined me believes I am a
 1847  danger to myself or to others. I understand that if I do not
 1848  agree to voluntary treatment, a petition will be filed in court
 1849  to require me to receive involuntary treatment. I understand
 1850  that if that petition is filed, I have the right to contest it.
 1851  In the event a petition has been filed, I understand that I can
 1852  subsequently agree to voluntary treatment prior to a court
 1853  hearing. I understand that by agreeing to voluntary treatment in
 1854  either of these situations, I may be prohibited from buying
 1855  firearms and from applying for or retaining a concealed weapons
 1856  or firearms license until I apply for and receive relief from
 1857  that restriction under Florida law.”
 1858  
 1859         (D) A judge or a magistrate has, pursuant to sub-sub
 1860  subparagraph c.(II), reviewed the record of the finding,
 1861  certification, notice, and written acknowledgment classifying
 1862  the person as an imminent danger to himself or herself or
 1863  others, and ordered that such record be submitted to the
 1864  department.
 1865         c. In order to check for these conditions, the department
 1866  shall compile and maintain an automated database of persons who
 1867  are prohibited from purchasing a firearm based on court records
 1868  of adjudications of mental defectiveness or commitments to
 1869  mental institutions.
 1870         (I) Except as provided in sub-sub-subparagraph (II), clerks
 1871  of court shall submit these records to the department within 1
 1872  month after the rendition of the adjudication or commitment.
 1873  Reports shall be submitted in an automated format. The reports
 1874  must, at a minimum, include the name, along with any known alias
 1875  or former name, the sex, and the date of birth of the subject.
 1876         (II) For persons committed to a mental institution pursuant
 1877  to sub-sub-subparagraph b.(II), within 24 hours after the
 1878  person’s agreement to voluntary admission, a record of the
 1879  finding, certification, notice, and written acknowledgment must
 1880  be filed by the administrator of the receiving or treatment
 1881  facility, as defined in s. 394.455, with the clerk of the court
 1882  for the county in which the involuntary examination under s.
 1883  394.463 occurred. No fee shall be charged for the filing under
 1884  this sub-sub-subparagraph. The clerk must present the records to
 1885  a judge or magistrate within 24 hours after receipt of the
 1886  records. A judge or magistrate is required and has the lawful
 1887  authority to review the records ex parte and, if the judge or
 1888  magistrate determines that the record supports the classifying
 1889  of the person as an imminent danger to himself or herself or
 1890  others, to order that the record be submitted to the department.
 1891  If a judge or magistrate orders the submittal of the record to
 1892  the department, the record must be submitted to the department
 1893  within 24 hours.
 1894         d. A person who has been adjudicated mentally defective or
 1895  committed to a mental institution, as those terms are defined in
 1896  this paragraph, may petition the court that made the
 1897  adjudication or commitment, or the court that ordered that the
 1898  record be submitted to the department pursuant to sub-sub
 1899  subparagraph c.(II), for relief from the firearm disabilities
 1900  imposed by such adjudication or commitment. A copy of the
 1901  petition shall be served on the state attorney for the county in
 1902  which the person was adjudicated or committed. The state
 1903  attorney may object to and present evidence relevant to the
 1904  relief sought by the petition. The hearing on the petition may
 1905  be open or closed as the petitioner may choose. The petitioner
 1906  may present evidence and subpoena witnesses to appear at the
 1907  hearing on the petition. The petitioner may confront and cross
 1908  examine witnesses called by the state attorney. A record of the
 1909  hearing shall be made by a certified court reporter or by court
 1910  approved electronic means. The court shall make written findings
 1911  of fact and conclusions of law on the issues before it and issue
 1912  a final order. The court shall grant the relief requested in the
 1913  petition if the court finds, based on the evidence presented
 1914  with respect to the petitioner’s reputation, the petitioner’s
 1915  mental health record and, if applicable, criminal history
 1916  record, the circumstances surrounding the firearm disability,
 1917  and any other evidence in the record, that the petitioner will
 1918  not be likely to act in a manner that is dangerous to public
 1919  safety and that granting the relief would not be contrary to the
 1920  public interest. If the final order denies relief, the
 1921  petitioner may not petition again for relief from firearm
 1922  disabilities until 1 year after the date of the final order. The
 1923  petitioner may seek judicial review of a final order denying
 1924  relief in the district court of appeal having jurisdiction over
 1925  the court that issued the order. The review shall be conducted
 1926  de novo. Relief from a firearm disability granted under this
 1927  sub-subparagraph has no effect on the loss of civil rights,
 1928  including firearm rights, for any reason other than the
 1929  particular adjudication of mental defectiveness or commitment to
 1930  a mental institution from which relief is granted.
 1931         e. Upon receipt of proper notice of relief from firearm
 1932  disabilities granted under sub-subparagraph d., the department
 1933  shall delete any mental health record of the person granted
 1934  relief from the automated database of persons who are prohibited
 1935  from purchasing a firearm based on court records of
 1936  adjudications of mental defectiveness or commitments to mental
 1937  institutions.
 1938         f. The department is authorized to disclose data collected
 1939  pursuant to this subparagraph to agencies of the Federal
 1940  Government and other states for use exclusively in determining
 1941  the lawfulness of a firearm sale or transfer. The department is
 1942  also authorized to disclose this data to the Department of
 1943  Agriculture and Consumer Services for purposes of determining
 1944  eligibility for issuance of a concealed weapons or concealed
 1945  firearms license and for determining whether a basis exists for
 1946  revoking or suspending a previously issued license pursuant to
 1947  s. 790.06(10). When a potential buyer or transferee appeals a
 1948  nonapproval based on these records, the clerks of court and
 1949  mental institutions shall, upon request by the department,
 1950  provide information to help determine whether the potential
 1951  buyer or transferee is the same person as the subject of the
 1952  record. Photographs and any other data that could confirm or
 1953  negate identity must be made available to the department for
 1954  such purposes, notwithstanding any other provision of state law
 1955  to the contrary. Any such information that is made confidential
 1956  or exempt from disclosure by law shall retain such confidential
 1957  or exempt status when transferred to the department.
 1958         Section 44. This act shall take effect July 1, 2021.