Florida Senate - 2022                                    SB 1844
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01130B-22                                           20221844__
    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 provision to
    4         changes made by the act; amending s. 394.459, F.S.;
    5         revising review requirements for specified
    6         restrictions relating to a patient’s right to
    7         communicate or to receive visitors; requiring
    8         facilities to inform patients with a serious mental
    9         illness of the essential elements of recovery and
   10         provide them assistance in accessing a continuum of
   11         care regimen; authorizing the Department of Children
   12         and Families to adopt certain rules; amending s.
   13         394.461, F.S.; authorizing the state to establish that
   14         a transfer evaluation was performed by providing the
   15         court with a copy of the evaluation before the close
   16         of the state’s case in chief; prohibiting the court
   17         from considering substantive information in the
   18         transfer evaluation unless the evaluator testifies at
   19         the hearing; amending s. 394.462, F.S.; conforming
   20         provisions to changes made by the act; amending s.
   21         394.463, F.S.; revising the requirements for when a
   22         person may be taken to a receiving facility for
   23         involuntary examination; requiring law enforcement
   24         officers transporting individuals for involuntary
   25         treatment to take certain actions; revising
   26         requirements for annual reports relating to
   27         involuntary treatment; requiring that certain reports
   28         be sent to the Governor; revising when a patient may
   29         be released by a receiving facility; requiring a
   30         facility to inform the department of certain persons
   31         who have been examined or committed under certain
   32         circumstances; amending s. 394.4655, F.S.; conforming
   33         a provision to changes made by the act; amending s.
   34         394.467, F.S.; revising the requirements for when a
   35         person may be ordered for involuntary inpatient
   36         placement; revising requirements for continuances of
   37         hearings; revising the conditions under which a court
   38         may waive the requirement for a patient to be present
   39         at an involuntary inpatient placement hearing;
   40         authorizing the court to permit all witnesses to
   41         attend and testify remotely at the hearing through
   42         certain means; requiring facilities to make certain
   43         clinical records available to a state attorney within
   44         a specified timeframe; specifying that such records
   45         remain confidential and may not be used for certain
   46         purposes; revising when the court may appoint a
   47         magistrate; requiring the court to allow certain
   48         testimony from individuals; revising the amount of
   49         time a court may require a patient to receive
   50         services; requiring facilities to discharge patients
   51         after they no longer meet the criteria for involuntary
   52         inpatient treatment; prohibiting courts from ordering
   53         that individuals with developmental disabilities be
   54         involuntarily placed in a state treatment facility;
   55         requiring such individuals to be referred to certain
   56         agencies for evaluation and services; authorizing
   57         facilities to hold specified individuals under certain
   58         circumstances; conforming provisions to changes made
   59         by the act; amending ss. 394.495 and 394.496, F.S.;
   60         conforming provisions to changes made by the act;
   61         amending s. 394.499, F.S.; making a technical change;
   62         conforming a provision to changes made by the act;
   63         amending s. 397.305, F.S.; revising the purpose of ch.
   64         397, F.S.; amending s. 397.311, F.S.; revising
   65         definitions; creating s. 397.341, F.S.; requiring law
   66         enforcement officers transporting individuals for
   67         treatment to take certain actions; amending s.
   68         397.501, F.S.; requiring that respondents with serious
   69         substance use disorders be informed of the essential
   70         elements of recovery and provided with assistance
   71         accessing a continuum of care regimen; authorizing the
   72         department to adopt certain rules; amending s.
   73         397.675, F.S.; revising the criteria for involuntary
   74         admissions; amending s. 397.6751, F.S.; revising the
   75         responsibilities of a service provider; amending s.
   76         397.681, F.S.; revising where involuntary treatment
   77         petitions for substance abuse impaired persons may be
   78         filed; revising what part of such proceedings a
   79         general or special magistrate may preside over;
   80         requiring that the state attorney represent the state
   81         as the real party of interest in an involuntary
   82         proceeding, subject to legislative appropriation;
   83         providing that the petitioner has the right to be
   84         heard; specifying that certain records obtained by a
   85         state attorney must remain confidential and may not be
   86         used for certain purposes; conforming provisions to
   87         changes made by the act; repealing s. 397.6811, F.S.,
   88         relating to involuntary assessment and stabilization;
   89         repealing s. 397.6814, F.S., relating to petitions for
   90         involuntary assessment and stabilization; repealing s.
   91         397.6815, F.S., relating to involuntary assessment and
   92         stabilization procedures; repealing s. 397.6818, F.S.,
   93         relating to court determinations for petitions for
   94         involuntary assessment and stabilization; repealing s.
   95         397.6819, F.S., relating to the responsibilities of
   96         licensed service providers with regard to involuntary
   97         assessment and stabilization; repealing s. 397.6821,
   98         F.S., relating to extensions of time for completion of
   99         involuntary assessment and stabilization; repealing s.
  100         397.6822, F.S., relating to the disposition of
  101         individuals after involuntary assessment; amending s.
  102         397.693, F.S.; revising the circumstances under which
  103         a person is eligible for court-ordered involuntary
  104         treatment; amending s. 397.695, F.S.; authorizing the
  105         court or clerk of the court to waive or prohibit any
  106         service of process fees for an indigent petitioner;
  107         amending s. 397.6951, F.S.; revising the requirements
  108         for the contents of a petition for involuntary
  109         treatment services; authorizing a petitioner to
  110         include with the petition a certificate or report of a
  111         qualified professional; requiring the certificate or
  112         report to contain certain information; requiring that
  113         certain additional information be included if an
  114         emergency exists; amending s. 397.6955, F.S.;
  115         requiring the clerk of the court to notify the state
  116         attorney’s office upon the receipt of a petition filed
  117         for involuntary treatment services; revising when the
  118         office of criminal conflict and civil regional counsel
  119         represents a person; revising when a hearing must be
  120         held on the petition; requiring law enforcement
  121         agencies to effect service for initial treatment
  122         hearings unless certain requirements are met;
  123         providing requirements for when a petitioner asserts
  124         that emergency circumstances exist or the court
  125         determines that an emergency exists; conforming
  126         provisions to changes made by the act; amending s.
  127         397.6957, F.S.; expanding the exemption from the
  128         requirement that a respondent be present at a hearing
  129         on a petition for involuntary treatment services;
  130         authorizing the court to order drug tests and permit
  131         all witnesses to remotely attend and testify at the
  132         hearing through certain means; deleting a provision
  133         requiring the court to appoint a guardian advocate
  134         under certain circumstances; prohibiting a respondent
  135         from being involuntarily ordered into treatment unless
  136         certain requirements are met; providing requirements
  137         relating to involuntary assessment and stabilization
  138         orders; providing requirements relating to involuntary
  139         treatment hearings; requiring that the assessment of a
  140         respondent occur before a specified time unless
  141         certain requirements are met; requiring a qualified
  142         professional to provide copies of his or her report to
  143         the court and all relevant parties and counsel;
  144         providing requirements for the report; authorizing a
  145         court to order certain persons to take a respondent
  146         into custody and transport him or her to or from
  147         certain service providers and the court; revising the
  148         petitioner’s burden of proof in the hearing;
  149         authorizing the court to initiate involuntary
  150         proceedings under certain circumstances; requiring
  151         that, if a treatment order is issued, it must include
  152         certain findings; amending s. 397.697, F.S.; making
  153         technical changes; requiring that an individual meet
  154         certain requirements to qualify for involuntary
  155         outpatient treatment; specifying that certain hearings
  156         may be set by the motion of a party or under the
  157         court’s own authority; specifying that a service
  158         provider’s authority is separate and distinct from the
  159         court’s jurisdiction; requiring the department to
  160         receive and maintain copies of certain documents and
  161         to use information from the documents to prepare
  162         annual reports; requiring the department to provide
  163         copies of the reports to the Governor and the
  164         Legislature; amending s. 397.6971, F.S.; revising when
  165         an individual receiving involuntary treatment services
  166         may be determined eligible for discharge; conforming
  167         provisions to changes made by the act; amending s.
  168         397.6975, F.S.; authorizing certain entities to file a
  169         petition for renewal of involuntary treatment
  170         services; revising the timeframe during which the
  171         court is required to schedule a hearing; conforming
  172         provisions to changes made by the act; amending s.
  173         397.6977, F.S.; conforming provisions to changes made
  174         by the act; repealing s. 397.6978, F.S., relating to
  175         the appointment of guardian advocates; providing an
  176         effective date.
  177          
  178  Be It Enacted by the Legislature of the State of Florida:
  179  
  180         Section 1. Subsection (23) of section 394.455, Florida
  181  Statutes, is amended to read:
  182         394.455 Definitions.—As used in this part, the term:
  183         (23) “Involuntary examination” means an examination
  184  performed under s. 394.463, s. 397.6772, s. 397.679, s.
  185  397.6798, or s. 397.6957 s. 397.6811 to determine whether a
  186  person qualifies for involuntary services.
  187         Section 2. Paragraph (c) of subsection (5) of section
  188  394.459, Florida Statutes, is amended, and subsection (13) is
  189  added to that section, to read:
  190         394.459 Rights of patients.—
  191         (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
  192         (c) Each facility must permit immediate access to any
  193  patient, subject to the patient’s right to deny or withdraw
  194  consent at any time, by the patient’s family members, guardian,
  195  guardian advocate, representative, Florida statewide or local
  196  advocacy council, or attorney, unless such access would be
  197  detrimental to the patient. If a patient’s right to communicate
  198  or to receive visitors is restricted by the facility, written
  199  notice of such restriction and the reasons for the restriction
  200  shall be served on the patient, the patient’s attorney, and the
  201  patient’s guardian, guardian advocate, or representative; and
  202  such restriction shall be recorded on the patient’s clinical
  203  record with the reasons therefor. The restriction of a patient’s
  204  right to communicate or to receive visitors shall be reviewed at
  205  least every 72 hours, or no later than the next working day if
  206  such period ends on a weekend or holiday 7 days. The right to
  207  communicate or receive visitors shall not be restricted as a
  208  means of punishment. Nothing in this paragraph shall be
  209  construed to limit the provisions of paragraph (d).
  210         (13)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, the
  211  facility must inform a patient with a serious mental illness of
  212  the essential elements of recovery and provide assistance with
  213  accessing a continuum of care regimen. The department may adopt
  214  rules specifying the services that may be provided to such
  215  patients.
  216         Section 3. Subsection (2) of section 394.461, Florida
  217  Statutes, is amended to read:
  218         394.461 Designation of receiving and treatment facilities
  219  and receiving systems.—The department is authorized to designate
  220  and monitor receiving facilities, treatment facilities, and
  221  receiving systems and may suspend or withdraw such designation
  222  for failure to comply with this part and rules adopted under
  223  this part. Unless designated by the department, facilities are
  224  not permitted to hold or treat involuntary patients under this
  225  part.
  226         (2) TREATMENT FACILITY.—The department may designate any
  227  state-owned, state-operated, or state-supported facility as a
  228  state treatment facility. A civil patient may shall not be
  229  admitted to a state treatment facility without previously
  230  undergoing a transfer evaluation. Before the close of the
  231  state’s case in chief in a court hearing for involuntary
  232  placement in a state treatment facility, the state may establish
  233  that the transfer evaluation was performed and the document was
  234  properly executed by providing the court with a copy of the
  235  transfer evaluation. The court may not court shall receive and
  236  consider the substantive information documented in the transfer
  237  evaluation unless the evaluator testifies at the hearing. Any
  238  other facility, including a private facility or a federal
  239  facility, may be designated as a treatment facility by the
  240  department, provided that such designation is agreed to by the
  241  appropriate governing body or authority of the facility.
  242         Section 4. Section 394.462, Florida Statutes, is amended to
  243  read:
  244         394.462 Transportation.—A transportation plan shall be
  245  developed and implemented by each county in collaboration with
  246  the managing entity in accordance with this section. A county
  247  may enter into a memorandum of understanding with the governing
  248  boards of nearby counties to establish a shared transportation
  249  plan. When multiple counties enter into a memorandum of
  250  understanding for this purpose, the counties shall notify the
  251  managing entity and provide it with a copy of the agreement. The
  252  transportation plan shall describe methods of transport to a
  253  facility within the designated receiving system for individuals
  254  subject to involuntary examination under s. 394.463 or
  255  involuntary admission under s. 397.6772, s. 397.679, s.
  256  397.6798, or s. 397.6957 s. 397.6811, and may identify
  257  responsibility for other transportation to a participating
  258  facility when necessary and agreed to by the facility. The plan
  259  may rely on emergency medical transport services or private
  260  transport companies, as appropriate. The plan shall comply with
  261  the transportation provisions of this section and ss. 397.6772,
  262  397.6795, 397.6822, and 397.697.
  263         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  264         (a) Each county shall designate a single law enforcement
  265  agency within the county, or portions thereof, to take a person
  266  into custody upon the entry of an ex parte order or the
  267  execution of a certificate for involuntary examination by an
  268  authorized professional and to transport that person to the
  269  appropriate facility within the designated receiving system
  270  pursuant to a transportation plan.
  271         (b)1. The designated law enforcement agency may decline to
  272  transport the person to a receiving facility only if:
  273         a. The jurisdiction designated by the county has contracted
  274  on an annual basis with an emergency medical transport service
  275  or private transport company for transportation of persons to
  276  receiving facilities pursuant to this section at the sole cost
  277  of the county; and
  278         b. The law enforcement agency and the emergency medical
  279  transport service or private transport company agree that the
  280  continued presence of law enforcement personnel is not necessary
  281  for the safety of the person or others.
  282         2. The entity providing transportation may seek
  283  reimbursement for transportation expenses. The party responsible
  284  for payment for such transportation is the person receiving the
  285  transportation. The county shall seek reimbursement from the
  286  following sources in the following order:
  287         a. From a private or public third-party payor, if the
  288  person receiving the transportation has applicable coverage.
  289         b. From the person receiving the transportation.
  290         c. From a financial settlement for medical care, treatment,
  291  hospitalization, or transportation payable or accruing to the
  292  injured party.
  293         (c) A company that transports a patient pursuant to this
  294  subsection is considered an independent contractor and is solely
  295  liable for the safe and dignified transport of the patient. Such
  296  company must be insured and provide no less than $100,000 in
  297  liability insurance with respect to the transport of patients.
  298         (d) Any company that contracts with a governing board of a
  299  county to transport patients shall comply with the applicable
  300  rules of the department to ensure the safety and dignity of
  301  patients.
  302         (e) When a law enforcement officer takes custody of a
  303  person pursuant to this part, the officer may request assistance
  304  from emergency medical personnel if such assistance is needed
  305  for the safety of the officer or the person in custody.
  306         (f) When a member of a mental health overlay program or a
  307  mobile crisis response service is a professional authorized to
  308  initiate an involuntary examination pursuant to s. 394.463 or s.
  309  397.675 and that professional evaluates a person and determines
  310  that transportation to a receiving facility is needed, the
  311  service, at its discretion, may transport the person to the
  312  facility or may call on the law enforcement agency or other
  313  transportation arrangement best suited to the needs of the
  314  patient.
  315         (g) When any law enforcement officer has custody of a
  316  person based on either noncriminal or minor criminal behavior
  317  that meets the statutory guidelines for involuntary examination
  318  pursuant to s. 394.463, the law enforcement officer shall
  319  transport the person to the appropriate facility within the
  320  designated receiving system pursuant to a transportation plan.
  321  Persons who meet the statutory guidelines for involuntary
  322  admission pursuant to s. 397.675 may also be transported by law
  323  enforcement officers to the extent resources are available and
  324  as otherwise provided by law. Such persons shall be transported
  325  to an appropriate facility within the designated receiving
  326  system pursuant to a transportation plan.
  327         (h) When any law enforcement officer has arrested a person
  328  for a felony and it appears that the person meets the statutory
  329  guidelines for involuntary examination or placement under this
  330  part, such person must first be processed in the same manner as
  331  any other criminal suspect. The law enforcement agency shall
  332  thereafter immediately notify the appropriate facility within
  333  the designated receiving system pursuant to a transportation
  334  plan. The receiving facility shall be responsible for promptly
  335  arranging for the examination and treatment of the person. A
  336  receiving facility is not required to admit a person charged
  337  with a crime for whom the facility determines and documents that
  338  it is unable to provide adequate security, but shall provide
  339  examination and treatment to the person where he or she is held.
  340         (i) If the appropriate law enforcement officer believes
  341  that a person has an emergency medical condition as defined in
  342  s. 395.002, the person may be first transported to a hospital
  343  for emergency medical treatment, regardless of whether the
  344  hospital is a designated receiving facility.
  345         (j) The costs of transportation, evaluation,
  346  hospitalization, and treatment incurred under this subsection by
  347  persons who have been arrested for violations of any state law
  348  or county or municipal ordinance may be recovered as provided in
  349  s. 901.35.
  350         (k) The appropriate facility within the designated
  351  receiving system pursuant to a transportation plan must accept
  352  persons brought by law enforcement officers, or an emergency
  353  medical transport service or a private transport company
  354  authorized by the county, for involuntary examination pursuant
  355  to s. 394.463.
  356         (l) The appropriate facility within the designated
  357  receiving system pursuant to a transportation plan must provide
  358  persons brought by law enforcement officers, or an emergency
  359  medical transport service or a private transport company
  360  authorized by the county, pursuant to s. 397.675, a basic
  361  screening or triage sufficient to refer the person to the
  362  appropriate services.
  363         (m) Each law enforcement agency designated pursuant to
  364  paragraph (a) shall establish a policy that reflects a single
  365  set of protocols for the safe and secure transportation and
  366  transfer of custody of the person. Each law enforcement agency
  367  shall provide a copy of the protocols to the managing entity.
  368         (n) When a jurisdiction has entered into a contract with an
  369  emergency medical transport service or a private transport
  370  company for transportation of persons to facilities within the
  371  designated receiving system, such service or company shall be
  372  given preference for transportation of persons from nursing
  373  homes, assisted living facilities, adult day care centers, or
  374  adult family-care homes, unless the behavior of the person being
  375  transported is such that transportation by a law enforcement
  376  officer is necessary.
  377         (o) This section may not be construed to limit emergency
  378  examination and treatment of incapacitated persons provided in
  379  accordance with s. 401.445.
  380         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  381         (a) If neither the patient nor any person legally obligated
  382  or responsible for the patient is able to pay for the expense of
  383  transporting a voluntary or involuntary patient to a treatment
  384  facility, the transportation plan established by the governing
  385  board of the county or counties must specify how the
  386  hospitalized patient will be transported to, from, and between
  387  facilities in a safe and dignified manner.
  388         (b) A company that transports a patient pursuant to this
  389  subsection is considered an independent contractor and is solely
  390  liable for the safe and dignified transportation of the patient.
  391  Such company must be insured and provide no less than $100,000
  392  in liability insurance with respect to the transport of
  393  patients.
  394         (c) A company that contracts with one or more counties to
  395  transport patients in accordance with this section shall comply
  396  with the applicable rules of the department to ensure the safety
  397  and dignity of patients.
  398         (d) County or municipal law enforcement and correctional
  399  personnel and equipment may not be used to transport patients
  400  adjudicated incapacitated or found by the court to meet the
  401  criteria for involuntary placement pursuant to s. 394.467,
  402  except in small rural counties where there are no cost-efficient
  403  alternatives.
  404         (3) TRANSFER OF CUSTODY.—Custody of a person who is
  405  transported pursuant to this part, along with related
  406  documentation, shall be relinquished to a responsible individual
  407  at the appropriate receiving or treatment facility.
  408         Section 5. Subsection (1) and paragraphs (a), (e), (f), and
  409  (g) of subsection (2) of section 394.463, Florida Statutes, are
  410  amended to read:
  411         394.463 Involuntary examination.—
  412         (1) CRITERIA.—A person may be taken to a receiving facility
  413  for involuntary examination if there is reason to believe that
  414  the person has a mental illness and because of his or her mental
  415  illness:
  416         (a)1. The person has refused voluntary examination after
  417  conscientious explanation and disclosure of the purpose of the
  418  examination; or
  419         2. The person is unable to determine for himself or herself
  420  whether examination is necessary; and
  421         (b)1. Without care or treatment, the person is likely to
  422  suffer from neglect or refuse to care for himself or herself;
  423  such neglect or refusal poses a real and present threat of
  424  substantial harm to his or her well-being; and it is not
  425  apparent that such harm may be avoided through the help of
  426  willing, able, and responsible family members or friends or the
  427  provision of other services; or
  428         2. There is a substantial likelihood that in the near
  429  future and without care or treatment, the person will inflict
  430  serious cause serious bodily harm to self himself or herself or
  431  others in the near future, as evidenced by recent acts,
  432  omissions, or behavior causing, attempting, or threatening such
  433  harm.
  434         (2) INVOLUNTARY EXAMINATION.—
  435         (a) An involuntary examination may be initiated by any one
  436  of the following means:
  437         1. A circuit or county court may enter an ex parte order
  438  stating that a person appears to meet the criteria for
  439  involuntary examination and specifying the findings on which
  440  that conclusion is based. The ex parte order for involuntary
  441  examination must be based on written or oral sworn testimony
  442  that includes specific facts that support the findings. If other
  443  less restrictive means are not available, such as voluntary
  444  appearance for outpatient evaluation, a law enforcement officer,
  445  or other designated agent of the court, shall take the person
  446  into custody and deliver him or her to an appropriate, or the
  447  nearest, facility within the designated receiving system
  448  pursuant to s. 394.462 for involuntary examination. The order of
  449  the court shall be made a part of the patient’s clinical record.
  450  A fee may not be charged for the filing of an order under this
  451  subsection. A facility accepting the patient based on this order
  452  must send a copy of the order to the department within 5 working
  453  days. The order may be submitted electronically through existing
  454  data systems, if available. The order shall be valid only until
  455  the person is delivered to the facility or for the period
  456  specified in the order itself, whichever comes first. If a time
  457  limit is not specified in the order, the order is valid for 7
  458  days after the date that the order was signed.
  459         2. A law enforcement officer may shall take a person who
  460  appears to meet the criteria for involuntary examination into
  461  custody and deliver the person or have him or her delivered to
  462  an appropriate, or the nearest, facility within the designated
  463  receiving system pursuant to s. 394.462 for examination. A law
  464  enforcement officer transporting a person pursuant to this
  465  subparagraph shall consider the person’s mental and behavioral
  466  state and restrain him or her in the least restrictive manner
  467  necessary under the circumstances, especially if the person is a
  468  minor. The officer shall execute a written report detailing the
  469  circumstances under which the person was taken into custody,
  470  which must be made a part of the patient’s clinical record. Any
  471  facility accepting the patient based on this report must send a
  472  copy of the report to the department within 5 working days.
  473         3. A physician, a physician assistant, a clinical
  474  psychologist, a psychiatric nurse, an advanced practice
  475  registered nurse registered under s. 464.0123, a mental health
  476  counselor, a marriage and family therapist, or a clinical social
  477  worker may execute a certificate stating that he or she has
  478  examined a person within the preceding 48 hours and finds that
  479  the person appears to meet the criteria for involuntary
  480  examination and stating the observations upon which that
  481  conclusion is based. If other less restrictive means, such as
  482  voluntary appearance for outpatient evaluation, are not
  483  available, a law enforcement officer shall take into custody the
  484  person named in the certificate and deliver him or her to the
  485  appropriate, or nearest, facility within the designated
  486  receiving system pursuant to s. 394.462 for involuntary
  487  examination. The law enforcement officer shall execute a written
  488  report detailing the circumstances under which the person was
  489  taken into custody. The report and certificate shall be made a
  490  part of the patient’s clinical record. Any facility accepting
  491  the patient based on this certificate must send a copy of the
  492  certificate to the department within 5 working days. The
  493  document may be submitted electronically through existing data
  494  systems, if applicable.
  495  
  496  When sending the order, report, or certificate to the
  497  department, a facility shall, at a minimum, provide information
  498  about which action was taken regarding the patient under
  499  paragraph (g), which information shall also be made a part of
  500  the patient’s clinical record.
  501         (e) The department shall receive and maintain the copies of
  502  ex parte orders, involuntary outpatient services orders issued
  503  pursuant to s. 394.4655, involuntary inpatient placement orders
  504  issued pursuant to s. 394.467, professional certificates, and
  505  law enforcement officers’ reports. These documents shall be
  506  considered part of the clinical record, governed by the
  507  provisions of s. 394.4615. These documents shall be used to
  508  prepare annual reports analyzing the data obtained from these
  509  documents, without information identifying patients, and the
  510  department shall provide copies of the reports to the Governor
  511  department, the President of the Senate, the Speaker of the
  512  House of Representatives, and the minority leaders of the Senate
  513  and the House of Representatives.
  514         (f) A patient shall be examined by a physician or a
  515  clinical psychologist, or by a psychiatric nurse performing
  516  within the framework of an established protocol with a
  517  psychiatrist at a facility without unnecessary delay to
  518  determine if the criteria for involuntary services are met.
  519  Emergency treatment may be provided upon the order of a
  520  physician if the physician determines that such treatment is
  521  necessary for the safety of the patient or others. The patient
  522  may not be released by the receiving facility or its contractor
  523  without the documented approval of a psychiatrist, or a clinical
  524  psychologist, or, if the receiving facility is owned or operated
  525  by a hospital or health system, the release may also be approved
  526  by a psychiatric nurse performing within the framework of an
  527  established protocol with a psychiatrist, or an attending
  528  emergency department physician with experience in the diagnosis
  529  and treatment of mental illness after completion of an
  530  involuntary examination pursuant to this subsection. A
  531  psychiatric nurse may not approve the release of a patient if
  532  the involuntary examination was initiated by a psychiatrist
  533  unless the release is approved by the initiating psychiatrist.
  534         (g) The examination period must be for up to 72 hours and
  535  begins when a patient arrives at the receiving facility. For a
  536  minor, the examination shall be initiated within 12 hours after
  537  the patient’s arrival at the facility. The facility must inform
  538  the department of any person who has been examined or committed
  539  three or more times under this chapter within a 12-month period.
  540  Within the examination period or, if the examination period ends
  541  on a weekend or holiday, no later than the next working day
  542  thereafter, one of the following actions must be taken, based on
  543  the individual needs of the patient:
  544         1. The patient shall be released, unless he or she is
  545  charged with a crime, in which case the patient shall be
  546  returned to the custody of a law enforcement officer;
  547         2. The patient shall be released, subject to subparagraph
  548  1., for voluntary outpatient treatment;
  549         3. The patient, unless he or she is charged with a crime,
  550  shall be asked to give express and informed consent to placement
  551  as a voluntary patient and, if such consent is given, the
  552  patient shall be admitted as a voluntary patient; or
  553         4. A petition for involuntary services shall be filed in
  554  the circuit court if inpatient treatment is deemed necessary or
  555  with the criminal county court, as defined in s. 394.4655(1), as
  556  applicable. When inpatient treatment is deemed necessary, the
  557  least restrictive treatment consistent with the optimum
  558  improvement of the patient’s condition shall be made available.
  559  When a petition is to be filed for involuntary outpatient
  560  placement, it shall be filed by one of the petitioners specified
  561  in s. 394.4655(4)(a). A petition for involuntary inpatient
  562  placement shall be filed by the facility administrator.
  563         Section 6. Paragraph (c) of subsection (7) of section
  564  394.4655, Florida Statutes, is amended to read:
  565         394.4655 Involuntary outpatient services.—
  566         (7) HEARING ON INVOLUNTARY OUTPATIENT SERVICES.—
  567         (c) If, at any time before the conclusion of the initial
  568  hearing on involuntary outpatient services, it appears to the
  569  court that the person does not meet the criteria for involuntary
  570  outpatient services under this section but, instead, meets the
  571  criteria for involuntary inpatient placement, the court may
  572  order the person admitted for involuntary inpatient examination
  573  under s. 394.463. If the person instead meets the criteria for
  574  involuntary assessment, protective custody, or involuntary
  575  admission pursuant to s. 397.675, the court may order the person
  576  to be admitted for involuntary assessment for a period of 5 days
  577  pursuant to s. 397.6811. Thereafter, all proceedings are
  578  governed by chapter 397.
  579         Section 7. Subsections (1) and (5), paragraphs (a), (b),
  580  and (c) of subsection (6), and paragraph (d) of subsection (7)
  581  of section 394.467, Florida Statutes, are amended to read:
  582         394.467 Involuntary inpatient placement.—
  583         (1) CRITERIA.—A person may be ordered for involuntary
  584  inpatient placement for treatment upon a finding of the court by
  585  clear and convincing evidence that:
  586         (a) He or she has a mental illness and because of his or
  587  her mental illness:
  588         1.a. He or she has refused voluntary inpatient placement
  589  for treatment after sufficient and conscientious explanation and
  590  disclosure of the purpose of inpatient placement for treatment;
  591  or
  592         b. He or she is unable to determine for himself or herself
  593  whether inpatient placement is necessary; and
  594         2.a. He or she is incapable of surviving alone or with the
  595  help of willing, able, and responsible family or friends,
  596  including available alternative services, and, without
  597  treatment, is likely to suffer from neglect or refuse to care
  598  for himself or herself, and such neglect or refusal poses a real
  599  and present threat of substantial harm to his or her well-being;
  600  or
  601         b. There is substantial likelihood that in the near future
  602  and without services, he or she will inflict serious bodily harm
  603  to on self or others, as evidenced by recent acts, omissions, or
  604  behavior causing, attempting, or threatening such harm; and
  605         (b) All available less restrictive treatment alternatives
  606  that would offer an opportunity for improvement of his or her
  607  condition have been judged to be inappropriate.
  608         (5) CONTINUANCE OF HEARING.—The patient and the state are
  609  independently entitled is entitled, with the concurrence of the
  610  patient’s counsel, to at least one continuance of the hearing.
  611  The patient’s continuance may be for a period of for up to 4
  612  weeks and requires the concurrence of his or her counsel. The
  613  state’s continuance may be for a period of up to 5 court working
  614  days and requires a showing of good cause and due diligence by
  615  the state before requesting the continuance. The state’s failure
  616  to timely review any readily available document or failure to
  617  attempt to contact a known witness does not warrant a
  618  continuance.
  619         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
  620         (a)1. The court shall hold the hearing on involuntary
  621  inpatient placement within 5 court working days, unless a
  622  continuance is granted.
  623         2. Except for good cause documented in the court file, the
  624  hearing must be held in the county or the facility, as
  625  appropriate, where the patient is located, must be as convenient
  626  to the patient as is consistent with orderly procedure, and
  627  shall be conducted in physical settings not likely to be
  628  injurious to the patient’s condition. If the court finds that
  629  the patient’s attendance at the hearing is not consistent with
  630  the best interests of, or is likely to be injurious to, the
  631  patient, or the patient knowingly, intelligently, and
  632  voluntarily waives his or her right to be present, and the
  633  patient’s counsel does not object, the court may waive the
  634  presence of the patient from all or any portion of the hearing.
  635  Absent a showing of good cause, such as specific symptoms of the
  636  patient’s condition, the court may permit all witnesses,
  637  including, but not limited to, any medical professionals or
  638  personnel who are or have been involved with the patient’s
  639  treatment, to remotely attend and testify at the hearing under
  640  oath through audio-video teleconference. Any witness intending
  641  to remotely attend and testify at the hearing must provide the
  642  parties with all relevant documents by the close of business on
  643  the day before the hearing. The state attorney for the circuit
  644  in which the patient is located shall represent the state,
  645  rather than the petitioning facility administrator, as the real
  646  party in interest in the proceeding. The facility shall make the
  647  respondent’s clinical records available to the state attorney
  648  within 24 hours after the involuntary placement petition’s
  649  filing so that the state can evaluate and prepare its case
  650  before the hearing. However, these records shall remain
  651  confidential, and the state attorney may not use any record
  652  obtained under this part for criminal investigation or
  653  prosecution purposes or for any purpose other than the patient’s
  654  civil commitment under this chapter.
  655         3. The court may appoint a magistrate to preside at the
  656  hearing on the petition and any ancillary proceedings thereto,
  657  which include, but are not limited to, writs of habeas corpus
  658  issued pursuant to s. 394.459(8). One of the professionals who
  659  executed the petition for involuntary inpatient placement
  660  certificate shall be a witness. The court shall allow testimony
  661  deemed relevant by the court under state law from individuals,
  662  including family members, regarding the person’s prior history
  663  and how that history relates to the person’s current condition.
  664  The patient and the patient’s guardian or representative shall
  665  be informed by the court of the right to an independent expert
  666  examination. If the patient cannot afford such an examination,
  667  the court shall ensure that one is provided, as otherwise
  668  provided for by law. The independent expert’s report is
  669  confidential and not discoverable, unless the expert is to be
  670  called as a witness for the patient at the hearing. The
  671  testimony in the hearing must be given under oath, and the
  672  proceedings must be recorded. The patient may refuse to testify
  673  at the hearing.
  674         (b) If the court concludes that the patient meets the
  675  criteria for involuntary inpatient placement, it may order that
  676  the patient be transferred to a treatment facility or, if the
  677  patient is at a treatment facility, that the patient be retained
  678  there or be treated at any other appropriate facility, or that
  679  the patient receive services, on an involuntary basis, for up to
  680  90 days. However, any order for involuntary mental health
  681  services in a treatment facility may be for up to 6 months. The
  682  order shall specify the nature and extent of the patient’s
  683  mental illness, and, unless the patient has transferred to a
  684  voluntary status, the facility must discharge the patient at any
  685  time he or she no longer meets the criteria for involuntary
  686  inpatient treatment. The court may not order an individual with
  687  a developmental disability as defined in s. 393.063, traumatic
  688  brain injury, or dementia who lacks a co-occurring mental
  689  illness to be involuntarily placed in a state treatment
  690  facility. These individuals must be referred to the Agency for
  691  Persons with Disabilities or the Department of Elderly Affairs
  692  for further evaluation and the provision of appropriate services
  693  for their individual needs The facility shall discharge a
  694  patient any time the patient no longer meets the criteria for
  695  involuntary inpatient placement, unless the patient has
  696  transferred to voluntary status.
  697         (c) If at any time before the conclusion of the involuntary
  698  placement hearing on involuntary inpatient placement it appears
  699  to the court that the person does not meet the criteria of for
  700  involuntary inpatient placement under this section, but instead
  701  meets the criteria for involuntary outpatient services, the
  702  court may order the person evaluated for involuntary outpatient
  703  services pursuant to s. 394.4655. The petition and hearing
  704  procedures set forth in s. 394.4655 shall apply. If the person
  705  instead meets the criteria for involuntary assessment,
  706  protective custody, or involuntary admission or treatment
  707  pursuant to s. 397.675, then the court may order the person to
  708  be admitted for involuntary assessment for a period of 5 days
  709  pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings
  710  are governed by chapter 397.
  711         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
  712  PLACEMENT.—
  713         (d) If at a hearing it is shown that the patient continues
  714  to meet the criteria for involuntary inpatient placement, the
  715  administrative law judge shall sign the order for continued
  716  involuntary inpatient placement for up to 90 days. However, any
  717  order for involuntary mental health services in a treatment
  718  facility may be for up to 6 months. The same procedure shall be
  719  repeated before the expiration of each additional period the
  720  patient is retained.
  721  
  722  The procedure required in this subsection must be followed
  723  before the expiration of each additional period the patient is
  724  involuntarily receiving services.
  725         Section 8. Subsection (3) of section 394.495, Florida
  726  Statutes, is amended to read:
  727         394.495 Child and adolescent mental health system of care;
  728  programs and services.—
  729         (3) Assessments must be performed by:
  730         (a) A clinical psychologist, clinical social worker,
  731  physician, psychiatric nurse, or psychiatrist, as those terms
  732  are defined in s. 394.455 professional as defined in s.
  733  394.455(5), (7), (33), (36), or (37);
  734         (b) A professional licensed under chapter 491; or
  735         (c) A person who is under the direct supervision of a
  736  clinical psychologist, clinical social worker, physician,
  737  psychiatric nurse, or psychiatrist, as those terms are defined
  738  in s. 394.455, qualified professional as defined in s.
  739  394.455(5), (7), (33), (36), or (37) or a professional licensed
  740  under chapter 491.
  741         Section 9. Subsection (5) of section 394.496, Florida
  742  Statutes, is amended to read:
  743         394.496 Service planning.—
  744         (5) A clinical psychologist, clinical social worker,
  745  physician, psychiatric nurse, or psychiatrist, as those terms
  746  are defined in s. 394.455, professional as defined in s.
  747  394.455(5), (7), (33), (36), or (37) or a professional licensed
  748  under chapter 491 must be included among those persons
  749  developing the services plan.
  750         Section 10. Paragraph (a) of subsection (2) of section
  751  394.499, Florida Statutes, is amended to read:
  752         394.499 Integrated children’s crisis stabilization
  753  unit/juvenile addictions receiving facility services.—
  754         (2) Children eligible to receive integrated children’s
  755  crisis stabilization unit/juvenile addictions receiving facility
  756  services include:
  757         (a) A person under 18 years of age for whom voluntary
  758  application is made by his or her parent or legal guardian, if
  759  such person is found to show evidence of mental illness and to
  760  be suitable for treatment pursuant to s. 394.4625. A person
  761  under 18 years of age may be admitted for integrated facility
  762  services only after a hearing to verify that the consent to
  763  admission is voluntary is conducted pursuant to s. 394.4625.
  764         Section 11. Subsection (3) of section 397.305, Florida
  765  Statutes, is amended to read:
  766         397.305 Legislative findings, intent, and purpose.—
  767         (3) It is the purpose of this chapter to provide for a
  768  comprehensive continuum of accessible and quality substance
  769  abuse prevention, intervention, clinical treatment, and recovery
  770  support services in the most appropriate and least restrictive
  771  environment which promotes long-term recovery while protecting
  772  and respecting the rights of individuals, primarily through
  773  community-based private not-for-profit providers working with
  774  local governmental programs involving a wide range of agencies
  775  from both the public and private sectors.
  776         Section 12. Subsections (19) and (23) of section 397.311,
  777  Florida Statutes, are amended to read:
  778         397.311 Definitions.—As used in this chapter, except part
  779  VIII, the term:
  780         (19) “Impaired” or “substance abuse impaired” means having
  781  a substance use disorder or a condition involving the use of
  782  alcoholic beverages, illicit or prescription drugs, or any
  783  psychoactive or mood-altering substance in such a manner as to
  784  induce mental, emotional, or physical problems or and cause
  785  socially dysfunctional behavior.
  786         (23) “Involuntary treatment services” means an array of
  787  behavioral health services that may be ordered by the court for
  788  persons with substance abuse impairment or co-occurring
  789  substance abuse impairment and mental health disorders.
  790         Section 13. Section 397.341, Florida Statutes, is created
  791  to read:
  792         397.341Transportation of individuals by law enforcement
  793  officers.—A law enforcement officer transporting an individual
  794  pursuant to this chapter shall consider the person’s mental and
  795  behavioral state and restrain him or her in the least
  796  restrictive manner necessary under the circumstances, especially
  797  if the individual is a minor.
  798         Section 14. Subsection (11) is added to section 397.501,
  799  Florida Statutes, to read:
  800         397.501 Rights of individuals.—Individuals receiving
  801  substance abuse services from any service provider are
  802  guaranteed protection of the rights specified in this section,
  803  unless otherwise expressly provided, and service providers must
  804  ensure the protection of such rights.
  805         (11)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, the
  806  facility must inform an individual with a serious substance use
  807  disorder of the essential elements of recovery and provide
  808  assistance with accessing a continuum of care regimen. The
  809  department may adopt rules specifying the services that may be
  810  provided to such respondents.
  811         Section 15. Section 397.675, Florida Statutes, is amended
  812  to read:
  813         397.675 Criteria for involuntary admissions, including
  814  protective custody, emergency admission, and other involuntary
  815  assessment, involuntary treatment, and alternative involuntary
  816  assessment for minors, for purposes of assessment and
  817  stabilization, and for involuntary treatment.—A person meets the
  818  criteria for involuntary admission if there is good faith reason
  819  to believe that the person is substance abuse impaired or has a
  820  substance use disorder and a co-occurring mental health disorder
  821  and, because of such impairment or disorder:
  822         (1) Has lost the power of self-control with respect to
  823  substance abuse, or has a history of noncompliance with
  824  substance abuse treatment with continued substance use; and
  825         (2)(a) Is in need of substance abuse services and, by
  826  reason of substance abuse impairment, his or her judgment has
  827  been so impaired that he or she is refusing voluntary care after
  828  a sufficient and conscientious explanation and disclosure of the
  829  purpose for such services, or is incapable of appreciating his
  830  or her need for such services and of making a rational decision
  831  in that regard, although mere refusal to receive such services
  832  does not constitute evidence of lack of judgment with respect to
  833  his or her need for such services; and or
  834         (3)(a)(b) Without care or treatment, is likely to suffer
  835  from neglect or refuse to care for himself or herself; that such
  836  neglect or refusal poses a real and present threat of
  837  substantial harm to his or her well-being; and that it is not
  838  apparent that such harm may be avoided through the help of
  839  willing, able, and responsible family members or friends or the
  840  provision of other services;, or
  841         (b) There is substantial likelihood that in the near future
  842  and without services, the person will inflict serious harm to
  843  self or others, as evidenced by recent acts, omissions, or
  844  behavior causing, attempting, or threatening such harm has
  845  inflicted, or threatened to or attempted to inflict, or, unless
  846  admitted, is likely to inflict, physical harm on himself,
  847  herself, or another.
  848         Section 16. Subsection (1) of section 397.6751, Florida
  849  Statutes, is amended to read:
  850         397.6751 Service provider responsibilities regarding
  851  involuntary admissions.—
  852         (1) It is the responsibility of the service provider to:
  853         (a) Ensure that a person who is admitted to a licensed
  854  service component meets the admission criteria specified in s.
  855  397.675;
  856         (b) Ascertain whether the medical and behavioral conditions
  857  of the person, as presented, are beyond the safe management
  858  capabilities of the service provider;
  859         (c) Provide for the admission of the person to the service
  860  component that represents the most appropriate and least
  861  restrictive available setting that is responsive to the person’s
  862  treatment needs;
  863         (d) Verify that the admission of the person to the service
  864  component does not result in a census in excess of its licensed
  865  service capacity;
  866         (e) Determine whether the cost of services is within the
  867  financial means of the person or those who are financially
  868  responsible for the person’s care; and
  869         (f) Take all necessary measures to ensure that each
  870  individual in treatment is provided with a safe environment, and
  871  to ensure that each individual whose medical condition or
  872  behavioral problem becomes such that he or she cannot be safely
  873  managed by the service component is discharged and referred to a
  874  more appropriate setting for care.
  875         Section 17. Section 397.681, Florida Statutes, is amended
  876  to read:
  877         397.681 Involuntary petitions; general provisions; court
  878  jurisdiction and right to counsel.—
  879         (1) JURISDICTION.—The courts have jurisdiction of
  880  involuntary assessment and stabilization petitions and
  881  involuntary treatment petitions for substance abuse impaired
  882  persons, and such petitions must be filed with the clerk of the
  883  court in the county where the person is located or resides. The
  884  clerk of the court may not charge a fee for the filing of a
  885  petition under this section. The chief judge may appoint a
  886  general or special magistrate to preside over all or part of the
  887  proceedings related to the petition or any ancillary matters
  888  thereto, which include, but are not limited to, writs of habeas
  889  corpus issued pursuant to s. 397.501(9). The alleged impaired
  890  person is named as the respondent.
  891         (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
  892  at every stage of a proceeding relating to a petition for his or
  893  her involuntary assessment and a petition for his or her
  894  involuntary treatment for substance abuse impairment. A
  895  respondent who desires counsel and is unable to afford private
  896  counsel has the right to court-appointed counsel and to the
  897  benefits of s. 57.081. If the court believes that the respondent
  898  needs the assistance of counsel, the court shall appoint such
  899  counsel for the respondent without regard to the respondent’s
  900  wishes. If the respondent is a minor not otherwise represented
  901  in the proceeding, the court shall immediately appoint a
  902  guardian ad litem to act on the minor’s behalf.
  903         (3)STATE REPRESENTATIVE.—Subject to legislative
  904  appropriation, for all court-involved involuntary proceedings
  905  under this chapter in which the petitioner has not retained
  906  private counsel, the state attorney for the circuit in which the
  907  respondent is located shall represent the state rather than the
  908  petitioner as the real party of interest in the proceeding, but
  909  the petitioner has the right to be heard. Furthermore, the state
  910  attorney may not use any record obtained under this part for
  911  criminal investigation or prosecution purposes or for any
  912  purpose other than the respondent’s civil commitment under this
  913  chapter. Any record obtained under this subsection must remain
  914  confidential.
  915         Section 18. Section 397.6811, Florida Statutes, is
  916  repealed.
  917         Section 19. Section 397.6814, Florida Statutes, is
  918  repealed.
  919         Section 20. Section 397.6815, Florida Statutes, is
  920  repealed.
  921         Section 21. Section 397.6818, Florida Statutes, is
  922  repealed.
  923         Section 22. Section 397.6819, Florida Statutes, is
  924  repealed.
  925         Section 23. Section 397.6821, Florida Statutes, is
  926  repealed.
  927         Section 24. Section 397.6822, Florida Statutes, is
  928  repealed.
  929         Section 25. Section 397.693, Florida Statutes, is amended
  930  to read:
  931         397.693 Involuntary treatment.—A person may be the subject
  932  of a petition for court-ordered involuntary treatment pursuant
  933  to this part, if that person:
  934         (1)Reasonably appears to meet meets the criteria for
  935  involuntary admission provided in s. 397.675; and:
  936         (2)(1) Has been placed under protective custody pursuant to
  937  s. 397.677 within the previous 10 days;
  938         (3)(2) Has been subject to an emergency admission pursuant
  939  to s. 397.679 within the previous 10 days; or
  940         (4)(3) Has been assessed by a qualified professional within
  941  30 5 days;
  942         (4)Has been subject to involuntary assessment and
  943  stabilization pursuant to s. 397.6818 within the previous 12
  944  days; or
  945         (5)Has been subject to alternative involuntary admission
  946  pursuant to s. 397.6822 within the previous 12 days.
  947         Section 26. Section 397.695, Florida Statutes, is amended
  948  to read:
  949         397.695 Involuntary treatment services; persons who may
  950  petition.—
  951         (1) If the respondent is an adult, a petition for
  952  involuntary treatment services may be filed by the respondent’s
  953  spouse or legal guardian, any relative, a service provider, or
  954  an adult who has direct personal knowledge of the respondent’s
  955  substance abuse impairment and his or her prior course of
  956  assessment and treatment.
  957         (2) If the respondent is a minor, a petition for
  958  involuntary treatment may be filed by a parent, legal guardian,
  959  or service provider.
  960         (3)The court or the clerk of the court may waive or
  961  prohibit any service of process fees if a petitioner is
  962  determined to be indigent under s. 57.082.
  963         Section 27. Section 397.6951, Florida Statutes, is amended
  964  to read:
  965         397.6951 Contents of petition for involuntary treatment
  966  services.—
  967         (1) A petition for involuntary treatment services must
  968  contain the name of the respondent; the name of the petitioner
  969  or petitioners; the relationship between the respondent and the
  970  petitioner; the name of the respondent’s attorney, if known; the
  971  findings and recommendations of the assessment performed by the
  972  qualified professional; and the factual allegations presented by
  973  the petitioner establishing the need for involuntary outpatient
  974  services for substance abuse impairment. The factual allegations
  975  must demonstrate the reason for the petitioner’s belief that the
  976  respondent:
  977         (1)The reason for the petitioner’s belief that the
  978  respondent is substance abuse impaired;
  979         (a)(2)The reason for the petitioner’s belief that because
  980  of such impairment the respondent Has lost the power of self
  981  control with respect to substance abuse, or has a history of
  982  noncompliance with substance abuse treatment with continued
  983  substance use; and
  984         (b)Needs substance abuse services, but his or her judgment
  985  is so impaired by substance abuse that he or she either is
  986  refusing voluntary care after a sufficient and conscientious
  987  explanation and disclosure of the purpose of such services, or
  988  is incapable of appreciating his or her need for such services
  989  and of making a rational decision in that regard; and
  990         (c)1.Without services, is likely to suffer from neglect or
  991  refuse to care for himself or herself; that the neglect or
  992  refusal poses a real and present threat of substantial harm to
  993  his or her well-being; and that it is not apparent that the harm
  994  may be avoided through the help of willing, able, and
  995  responsible family members or friends or the provision of other
  996  services; or
  997         2.There is a substantial likelihood that in the near
  998  future and without services, the respondent will inflict serious
  999  harm to self or others, as evidenced by recent acts, omissions,
 1000  or behavior causing, attempting, or threatening such harm.
 1001         (2)The petition may be accompanied by a certificate or
 1002  report of a qualified professional or a licensed physician who
 1003  examined the respondent within 30 days before the petition was
 1004  filed. This certificate or report must include the qualified
 1005  professional’s or physician’s findings relating to his or her
 1006  assessment of the patient and his or her treatment
 1007  recommendations. If the respondent was not assessed before the
 1008  filing of a treatment petition or refused to submit to an
 1009  evaluation, the lack of assessment or refusal must be noted in
 1010  the petition.
 1011         (3)If there is an emergency, the petition must also
 1012  describe the respondent’s exigent circumstances and include a
 1013  request for an ex parte assessment and stabilization order that
 1014  must be executed pursuant to s. 397.6955(4)
 1015         (3)(a)The reason the petitioner believes that the
 1016  respondent has inflicted or is likely to inflict physical harm
 1017  on himself or herself or others unless the court orders the
 1018  involuntary services; or
 1019         (b)The reason the petitioner believes that the
 1020  respondent’s refusal to voluntarily receive care is based on
 1021  judgment so impaired by reason of substance abuse that the
 1022  respondent is incapable of appreciating his or her need for care
 1023  and of making a rational decision regarding that need for care.
 1024         Section 28. Section 397.6955, Florida Statutes, is amended
 1025  to read:
 1026         397.6955 Duties of court upon filing of petition for
 1027  involuntary treatment services.—
 1028         (1) Upon the filing of a petition for involuntary treatment
 1029  services for a substance abuse impaired person with the clerk of
 1030  the court which does not indicate that the petitioner has
 1031  retained private counsel, the clerk must notify the state
 1032  attorney’s office. In addition, the court shall immediately
 1033  determine whether the respondent is represented by an attorney
 1034  or whether the appointment of counsel for the respondent is
 1035  appropriate. If, based on the contents of the petition, the
 1036  court appoints counsel for the person, the clerk of the court
 1037  shall immediately notify the office of criminal conflict and
 1038  civil regional counsel, created pursuant to s. 27.511, of the
 1039  appointment. The office of criminal conflict and civil regional
 1040  counsel shall represent the person until the petition is
 1041  dismissed, the court order expires, or the person is discharged
 1042  from involuntary treatment services, or the office is otherwise
 1043  discharged by the court. An attorney that represents the person
 1044  named in the petition shall have access to the person,
 1045  witnesses, and records relevant to the presentation of the
 1046  person’s case and shall represent the interests of the person,
 1047  regardless of the source of payment to the attorney.
 1048         (2) The court shall schedule a hearing to be held on the
 1049  petition within 10 court working 5 days unless a continuance is
 1050  granted. The court may appoint a magistrate to preside at the
 1051  hearing.
 1052         (3) A copy of the petition and notice of the hearing must
 1053  be provided to the respondent; the respondent’s parent,
 1054  guardian, or legal custodian, in the case of a minor; the
 1055  respondent’s attorney, if known; the petitioner; the
 1056  respondent’s spouse or guardian, if applicable; and such other
 1057  persons as the court may direct. If the respondent is a minor, a
 1058  copy of the petition and notice of the hearing must be
 1059  personally delivered to the respondent. The clerk court shall
 1060  also issue a summons to the person whose admission is sought,
 1061  and unless a circuit court’s chief judge authorizes
 1062  disinterested private process servers to serve parties under
 1063  this chapter, a law enforcement agency must effect service for
 1064  the initial treatment hearing.
 1065         (4)(a)When the petitioner asserts that emergency
 1066  circumstances exist, or when upon review of the petition the
 1067  court determines that an emergency exists, the court may rely
 1068  solely on the contents of the petition and, without the
 1069  appointment of an attorney, enter an ex parte order for the
 1070  respondent’s involuntary assessment and stabilization which must
 1071  be executed during the period when the hearing on the petition
 1072  for treatment is pending. The court may further order a law
 1073  enforcement officer or other designated agent of the court to:
 1074         1.Take the respondent into custody and deliver him or her
 1075  to either the nearest appropriate licensed service provider or a
 1076  licensed service provider designated by the court to be
 1077  evaluated; and
 1078         2.Serve the respondent with the notice of hearing and a
 1079  copy of the petition.
 1080         (b)The service provider must promptly inform the court and
 1081  parties of the respondent’s arrival and may not hold the
 1082  respondent for longer than 72 hours of observation thereafter,
 1083  unless:
 1084         1.The service provider seeks additional time under s.
 1085  397.6957(1)(c) and the court, after a hearing, grants that
 1086  motion;
 1087         2.The respondent shows signs of withdrawal, or a need to
 1088  be either detoxified or treated for a medical condition, which
 1089  shall extend the amount of time the respondent may be held for
 1090  observation until the issue is resolved; or
 1091         3.The original or extended observation period ends on a
 1092  weekend or holiday, in which case the provider may hold the
 1093  respondent until the next court working day.
 1094         (c)If the ex parte order was not executed by the initial
 1095  hearing date, it shall be deemed void. However, if the
 1096  respondent does not appear at the hearing for any reason,
 1097  including lack of service, and upon reviewing the petition,
 1098  testimony, and evidence presented, the court reasonably believes
 1099  the respondent meets this chapter’s commitment criteria and that
 1100  a substance abuse emergency exists, the court may issue or
 1101  reissue an ex parte assessment and stabilization order that is
 1102  valid for 90 days. If the respondent’s location is known at the
 1103  time of the hearing, the court:
 1104         1.Shall continue the case for no more than 10 court
 1105  working days; and
 1106         2.May order a law enforcement officer or other designated
 1107  agent of the court to:
 1108         a.Take the respondent into custody and deliver him or her
 1109  to be evaluated either by the nearest appropriate licensed
 1110  service provider or by a licensed service provider designated by
 1111  the court; and
 1112         b.If a hearing date is set, serve the respondent with
 1113  notice of the rescheduled hearing and a copy of the involuntary
 1114  treatment petition if the respondent has not already been
 1115  served.
 1116  
 1117  Otherwise, the petitioner and the service provider must promptly
 1118  inform the court that the respondent has been assessed so that
 1119  the court may schedule a hearing as soon as practicable. The
 1120  service provider must serve the respondent, before his or her
 1121  discharge, with the notice of hearing and a copy of the
 1122  petition. However, if the respondent has not been assessed
 1123  within 90 days of the ex parte assessment and stabilization
 1124  order, the court must dismiss the case.
 1125         Section 29. Section 397.6957, Florida Statutes, is amended
 1126  to read:
 1127         397.6957 Hearing on petition for involuntary treatment
 1128  services.—
 1129         (1)(a)The respondent must be present at a hearing on a
 1130  petition for involuntary treatment services unless he or she
 1131  knowingly, intelligently, and voluntarily waives his or her
 1132  right to be present or, upon receiving proof of service and
 1133  evaluating the circumstances of the case, the court finds that
 1134  his or her presence is inconsistent with his or her best
 1135  interests or is likely to be injurious to himself or herself or
 1136  others., The court shall hear and review all relevant evidence,
 1137  including testimony from individuals such as family members
 1138  familiar with the respondent’s prior history and how it relates
 1139  to his or her current condition, and the review of results of
 1140  the assessment completed by the qualified professional in
 1141  connection with this chapter. The court may also order drug
 1142  tests. Absent a showing of good cause, such as specific symptoms
 1143  of the respondent’s condition, the court may permit all
 1144  witnesses, such as any medical professionals or personnel who
 1145  are or have been involved with the respondent’s treatment, to
 1146  remotely attend and testify at the hearing under oath through
 1147  audio-video teleconference. Any witness intending to remotely
 1148  attend and testify at the hearing must provide the parties with
 1149  all relevant documents by the close of business on the day
 1150  before the hearing the respondent’s protective custody,
 1151  emergency admission, involuntary assessment, or alternative
 1152  involuntary admission. The respondent must be present unless the
 1153  court finds that his or her presence is likely to be injurious
 1154  to himself or herself or others, in which event the court must
 1155  appoint a guardian advocate to act in behalf of the respondent
 1156  throughout the proceedings.
 1157         (b)A respondent cannot be involuntarily ordered into
 1158  treatment under this chapter without a clinical assessment being
 1159  performed, unless he or she is present in court and expressly
 1160  waives the assessment. In nonemergency situations, if the
 1161  respondent was not, or had previously refused to be, assessed by
 1162  a qualified professional and, based on the petition, testimony,
 1163  and evidence presented, it reasonably appears that the
 1164  respondent qualifies for involuntary treatment services, the
 1165  court shall issue an involuntary assessment and stabilization
 1166  order to determine the appropriate level of treatment the
 1167  respondent requires. Additionally, in cases where an assessment
 1168  was attached to the petition, the respondent may request, or the
 1169  court on its own motion may order, an independent assessment by
 1170  a court-appointed physician or an otherwise agreed-upon
 1171  physician. If an assessment order is issued, it is valid for 90
 1172  days, and if the respondent is present or there is either proof
 1173  of service or his or her location is known, the involuntary
 1174  treatment hearing shall be continued for no more than 10 court
 1175  working days. Otherwise, the petitioner and the service provider
 1176  must promptly inform the court that the respondent has been
 1177  assessed so that the court may schedule a hearing as soon as
 1178  practicable. The service provider shall then serve the
 1179  respondent, before his or her discharge, with the notice of
 1180  hearing and a copy of the petition. The assessment must occur
 1181  before the new hearing date, and if there is evidence indicating
 1182  that the respondent will not voluntarily appear at the
 1183  forthcoming hearing, or is a danger to self or others, the court
 1184  may enter a preliminary order committing the respondent to an
 1185  appropriate treatment facility for further evaluation until the
 1186  date of the rescheduled hearing. However, if after 90 days the
 1187  respondent remains unassessed, the court shall dismiss the case.
 1188         (c)1.The respondent’s assessment by a qualified
 1189  professional must occur within 72 hours after his or her arrival
 1190  at a licensed service provider unless he or she shows signs of
 1191  withdrawal or a need to be either detoxified or treated for a
 1192  medical condition, which shall extend the amount of time the
 1193  respondent may be held for observation until that issue is
 1194  resolved. If the person conducting the assessment is not a
 1195  licensed physician, the assessment must be reviewed by a
 1196  licensed physician within the 72-hour period. If the respondent
 1197  is a minor, such assessment must be initiated within the first
 1198  12 hours after the minor’s admission to the facility. The
 1199  service provider may also move to extend the 72 hours of
 1200  observation by petitioning the court in writing for additional
 1201  time. The service provider must furnish copies of such motion to
 1202  all parties in accordance with applicable confidentiality
 1203  requirements, and, after a hearing, the court may grant
 1204  additional time or expedite the respondent’s involuntary
 1205  treatment hearing. The involuntary treatment hearing, however,
 1206  may be expedited only by agreement of the parties on the hearing
 1207  date or if there is notice and proof of service as provided in
 1208  s. 397.6955(1) and (3). If the court grants the service
 1209  provider’s petition, the service provider may hold the
 1210  respondent until its extended assessment period expires or until
 1211  the expedited hearing date. However, if the original or extended
 1212  observation period ends on a weekend or holiday, the provider
 1213  may hold the respondent until the next court working day.
 1214         2.Upon the completion of his or her report, the qualified
 1215  professional, in accordance with applicable confidentiality
 1216  requirements, shall provide copies to the court and all relevant
 1217  parties and counsel. This report must contain a recommendation
 1218  on the level, if any, of substance abuse and, if applicable, co
 1219  occurring mental health treatment the respondent requires. The
 1220  qualified professional’s failure to include a treatment
 1221  recommendation, much like a recommendation of no treatment,
 1222  shall result in the petition’s dismissal.
 1223         (d)The court may order a law enforcement officer or other
 1224  designated agent of the court to take the respondent into
 1225  custody and transport him or her to or from the treating or
 1226  assessing service provider and the court for his or her hearing.
 1227         (2) The petitioner has the burden of proving by clear and
 1228  convincing evidence that:
 1229         (a) The respondent is substance abuse impaired, has lost
 1230  the power of self-control with respect to substance abuse, or
 1231  and has a history of lack of compliance with treatment for
 1232  substance abuse with continued substance use; and
 1233         (b) Because of such impairment, the respondent is unlikely
 1234  to voluntarily participate in the recommended services after
 1235  sufficient and conscientious explanation and disclosure of their
 1236  purpose, or is unable to determine for himself or herself
 1237  whether services are necessary and make a rational decision in
 1238  that regard; and:
 1239         (c)1. Without services, the respondent is likely to suffer
 1240  from neglect or refuse to care for himself or herself; that such
 1241  neglect or refusal poses a real and present threat of
 1242  substantial harm to his or her well-being; and that it is not
 1243  apparent that such harm may be avoided through the help of
 1244  willing, able, and responsible family members or friends or the
 1245  provision of other services; or
 1246         2. There is a substantial likelihood that in the near
 1247  future and without services, the respondent will inflict serious
 1248  harm to self or others, as evidenced by recent acts, omissions,
 1249  or behavior causing, attempting, or threatening such harm cause
 1250  serious bodily harm to himself, herself, or another in the near
 1251  future, as evidenced by recent behavior; or
 1252         2.The respondent’s refusal to voluntarily receive care is
 1253  based on judgment so impaired by reason of substance abuse that
 1254  the respondent is incapable of appreciating his or her need for
 1255  care and of making a rational decision regarding that need for
 1256  care.
 1257         (3) One of the qualified professionals who executed the
 1258  involuntary services certificate must be a witness. The court
 1259  shall allow testimony from individuals, including family
 1260  members, deemed by the court to be relevant under state law,
 1261  regarding the respondent’s prior history and how that prior
 1262  history relates to the person’s current condition. The Testimony
 1263  in the hearing must be taken under oath, and the proceedings
 1264  must be recorded. The respondent patient may refuse to testify
 1265  at the hearing.
 1266         (4) If at any point during the hearing the court has reason
 1267  to believe that the respondent, due to mental illness other than
 1268  or in addition to substance abuse impairment, is likely to
 1269  neglect or injure himself, herself, or another if allowed to
 1270  remain at liberty, or otherwise meets the involuntary commitment
 1271  provisions of part I of chapter 394, the court may initiate
 1272  involuntary examination proceedings under such provisions.
 1273         (5) At the conclusion of the hearing, the court shall
 1274  either dismiss the petition or order the respondent to receive
 1275  involuntary treatment services from his or her chosen licensed
 1276  service provider if possible and appropriate. Any treatment
 1277  order must include findings regarding the respondent’s need for
 1278  treatment and the appropriateness of other less restrictive
 1279  alternatives.
 1280         Section 30. Section 397.697, Florida Statutes, is amended
 1281  to read:
 1282         397.697 Court determination; effect of court order for
 1283  involuntary treatment services.—
 1284         (1)(a) When the court finds that the conditions for
 1285  involuntary treatment services have been proved by clear and
 1286  convincing evidence, it may order the respondent to receive
 1287  involuntary treatment services from a publicly funded licensed
 1288  service provider for a period not to exceed 90 days. The court
 1289  may also order a respondent to undergo treatment through a
 1290  privately funded licensed service provider if the respondent has
 1291  the ability to pay for the treatment, or if any person on the
 1292  respondent’s behalf voluntarily demonstrates a willingness and
 1293  an ability to pay for the treatment. If the court finds it
 1294  necessary, it may direct the sheriff to take the respondent into
 1295  custody and deliver him or her to the licensed service provider
 1296  specified in the court order, or to the nearest appropriate
 1297  licensed service provider, for involuntary treatment services.
 1298  When the conditions justifying involuntary treatment services no
 1299  longer exist, the individual must be released as provided in s.
 1300  397.6971. When the conditions justifying involuntary treatment
 1301  services are expected to exist after 90 days of treatment
 1302  services, a renewal of the involuntary treatment services order
 1303  may be requested pursuant to s. 397.6975 before the end of the
 1304  90-day period.
 1305         (b)To qualify for involuntary outpatient treatment, an
 1306  individual must be supported by a social worker or case manager
 1307  of a licensed service provider or a willing, able, and
 1308  responsible individual appointed by the court who shall inform
 1309  the court and parties if the respondent fails to comply with his
 1310  or her outpatient program. In addition, unless the respondent
 1311  has been involuntarily ordered into inpatient treatment under
 1312  this chapter at least twice during the last 36 months, or
 1313  demonstrates the ability to substantially comply with the
 1314  outpatient treatment while waiting for residential placement to
 1315  become available, he or she must receive an assessment from a
 1316  qualified professional or licensed physician expressly
 1317  recommending outpatient services, such services must be
 1318  available in the county in which the respondent is located, and
 1319  it must appear likely that the respondent will follow a
 1320  prescribed outpatient care plan.
 1321         (2) In all cases resulting in an order for involuntary
 1322  treatment services, the court shall retain jurisdiction over the
 1323  case and the parties for the entry of such further orders as the
 1324  circumstances may require, including, but not limited to,
 1325  monitoring compliance with treatment, changing the treatment
 1326  modality, or initiating contempt of court proceedings for
 1327  violating any valid order issued pursuant to this chapter.
 1328  Hearings under this section may be set by motion of the parties
 1329  or under the court’s own authority, and the motion and notice of
 1330  hearing for these ancillary proceedings, which include, but are
 1331  not limited to, civil contempt, must be served in accordance
 1332  with relevant court procedural rules. The court’s requirements
 1333  for notification of proposed release must be included in the
 1334  original order.
 1335         (3) An involuntary treatment services order also authorizes
 1336  the licensed service provider to require the individual to
 1337  receive treatment services that will benefit him or her,
 1338  including treatment services at any licensable service component
 1339  of a licensed service provider. While subject to the court’s
 1340  oversight, the service provider’s authority under this section
 1341  is separate and distinct from the court’s broad continuing
 1342  jurisdiction under subsection (2). Such oversight includes, but
 1343  is not limited to, submitting reports regarding the respondent’s
 1344  progress or compliance with treatment as required by the court.
 1345         (4) If the court orders involuntary treatment services, a
 1346  copy of the order must be sent to the managing entity within 1
 1347  working day after it is received from the court. Documents may
 1348  be submitted electronically through though existing data
 1349  systems, if applicable. The department shall also receive and
 1350  maintain copies of involuntary assessment and treatment orders
 1351  issued pursuant to ss. 397.6955 and 397.6957, professional
 1352  certificates, and law enforcement officers’ protective custody
 1353  reports. These documents shall be used to prepare annual reports
 1354  analyzing the data obtained from these documents, without
 1355  information identifying patients, and the department shall
 1356  provide copies of these reports to the Governor, the President
 1357  of the Senate, the Speaker of the House of Representatives, and
 1358  the minority leaders of the Senate and the House of
 1359  Representatives.
 1360         Section 31. Section 397.6971, Florida Statutes, is amended
 1361  to read:
 1362         397.6971 Early release from involuntary treatment
 1363  services.—
 1364         (1) At any time before the end of the 90-day involuntary
 1365  treatment services period, or before the end of any extension
 1366  granted pursuant to s. 397.6975, an individual receiving
 1367  involuntary treatment services may be determined eligible for
 1368  discharge to the most appropriate referral or disposition for
 1369  the individual when any of the following apply:
 1370         (a) The individual no longer meets the criteria for
 1371  involuntary admission and has given his or her informed consent
 1372  to be transferred to voluntary treatment status.
 1373         (b) If the individual was admitted on the grounds of
 1374  likelihood of self-neglect or the infliction of physical harm
 1375  upon himself or herself or others, such likelihood no longer
 1376  exists.
 1377         (c) If the individual was admitted on the grounds of need
 1378  for assessment and stabilization or treatment, accompanied by
 1379  inability to make a determination respecting such need:
 1380         1. Such inability no longer exists; or
 1381         2. It is evident that further treatment will not bring
 1382  about further significant improvements in the individual’s
 1383  condition.
 1384         (d) The individual is no longer needs treatment in need of
 1385  services.
 1386         (e) The director of the service provider determines that
 1387  the individual is beyond the safe management capabilities of the
 1388  provider.
 1389         (2) Whenever a qualified professional determines that an
 1390  individual admitted for involuntary treatment services qualifies
 1391  for early release under subsection (1), the service provider
 1392  shall immediately discharge the individual and must notify all
 1393  persons specified by the court in the original treatment order.
 1394         Section 32. Section 397.6975, Florida Statutes, is amended
 1395  to read:
 1396         397.6975 Extension of involuntary treatment services
 1397  period.—
 1398         (1) Whenever a service provider believes that an individual
 1399  who is nearing the scheduled date of his or her release from
 1400  involuntary treatment services continues to meet the criteria
 1401  for involuntary treatment services in s. 397.693 or s. 397.6957,
 1402  a petition for renewal of the involuntary treatment services
 1403  order must may be filed with the court at least 10 days before
 1404  the expiration of the court-ordered services period. The
 1405  petition may be filed by the service provider or by the person
 1406  who filed the petition for the initial treatment order if the
 1407  petition is accompanied by supporting documentation from the
 1408  service provider. The court shall immediately schedule a hearing
 1409  within 10 court working to be held not more than 15 days after
 1410  filing of the petition and. The court shall provide the copy of
 1411  the petition for renewal and the notice of the hearing to all
 1412  parties and counsel to the proceeding. The hearing is conducted
 1413  pursuant to ss. 397.6957 and 397.697 and must be before the
 1414  circuit court unless referred to a magistrate s. 397.6957.
 1415         (2) If the court finds that the petition for renewal of the
 1416  involuntary treatment services order should be granted, it may
 1417  order the respondent to receive involuntary treatment services
 1418  for a period not to exceed an additional 90 days. When the
 1419  conditions justifying involuntary treatment services no longer
 1420  exist, the individual must be released as provided in s.
 1421  397.6971. When the conditions justifying involuntary treatment
 1422  services continue to exist after an additional 90 days of
 1423  treatment service, a new petition requesting renewal of the
 1424  involuntary treatment services order may be filed pursuant to
 1425  this section.
 1426         (3)Within 1 court working day after the filing of a
 1427  petition for continued involuntary services, the court shall
 1428  appoint the office of criminal conflict and civil regional
 1429  counsel to represent the respondent, unless the respondent is
 1430  otherwise represented by counsel. The clerk of the court shall
 1431  immediately notify the office of criminal conflict and civil
 1432  regional counsel of such appointment. The office of criminal
 1433  conflict and civil regional counsel shall represent the
 1434  respondent until the petition is dismissed or the court order
 1435  expires or the respondent is discharged from involuntary
 1436  services. Any attorney representing the respondent shall have
 1437  access to the respondent, witnesses, and records relevant to the
 1438  presentation of the respondent’s case and shall represent the
 1439  interests of the respondent, regardless of the source of payment
 1440  to the attorney.
 1441         (4)Hearings on petitions for continued involuntary
 1442  services shall be before the circuit court. The court may
 1443  appoint a magistrate to preside at the hearing. The procedures
 1444  for obtaining an order pursuant to this section shall be in
 1445  accordance with s. 397.697.
 1446         (5)Notice of hearing shall be provided to the respondent
 1447  or his or her counsel. The respondent and the respondent’s
 1448  counsel may agree to a period of continued involuntary services
 1449  without a court hearing.
 1450         (6)The same procedure shall be repeated before the
 1451  expiration of each additional period of involuntary services.
 1452         (7)If the respondent has previously been found incompetent
 1453  to consent to treatment, the court shall consider testimony and
 1454  evidence regarding the respondent’s competence.
 1455         Section 33. Section 397.6977, Florida Statutes, is amended
 1456  to read:
 1457         397.6977 Disposition of individual upon completion of
 1458  involuntary treatment services.—At the conclusion of the 90-day
 1459  period of court-ordered involuntary treatment services, the
 1460  respondent is automatically discharged unless a motion for
 1461  renewal of the involuntary treatment services order has been
 1462  filed with the court pursuant to s. 397.6975.
 1463         Section 34. Section 397.6978, Florida Statutes, is
 1464  repealed.
 1465         Section 35. This act shall take effect July 1, 2022.