Florida Senate - 2023                                    SB 1592
       
       
        
       By Senator Brodeur
       
       
       
       
       
       10-00203C-23                                          20231592__
    1                        A bill to be entitled                      
    2         An act relating to transportation for voluntary mental
    3         health crisis services; amending s. 394.462, F.S.;
    4         revising the information that a county may include in
    5         its transportation plan serving individuals seeking
    6         certain voluntary services; authorizing counties to
    7         designate at least one law enforcement agency to
    8         transport persons on a voluntary basis to service
    9         providers that have agreed to accept such persons;
   10         prohibiting such individuals from being considered in
   11         the custody of law enforcement officers; authorizing
   12         law enforcement officers providing such courtesy
   13         transports to conduct a specified search; conforming a
   14         provision to changes made by the act; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 394.462, Florida Statutes, is amended to
   20  read:
   21         394.462 Transportation.—A transportation plan shall be
   22  developed and implemented by each county in collaboration with
   23  the managing entity in accordance with this section. A county
   24  may enter into a memorandum of understanding with the governing
   25  boards of nearby counties to establish a shared transportation
   26  plan. When multiple counties enter into a memorandum of
   27  understanding for this purpose, the counties shall notify the
   28  managing entity and provide it with a copy of the agreement. The
   29  transportation plan shall describe methods of transport to a
   30  facility within the designated receiving system for individuals
   31  subject to involuntary examination under s. 394.463 or
   32  involuntary admission under s. 397.6772, s. 397.679, s.
   33  397.6798, or s. 397.6811, and may identify responsibility for
   34  other transportation to a participating facility when necessary
   35  and agreed to by the facility. The plan may also describe
   36  methods of transport for individuals seeking voluntary services
   37  and the conditions under which such transport may be provided.
   38  The plan may rely on emergency medical transport services or
   39  private transport companies, as appropriate. The plan shall
   40  comply with the transportation provisions of this section and
   41  ss. 397.6772, 397.6795, 397.6822, and 397.697.
   42         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
   43         (a) Each county shall designate a single law enforcement
   44  agency within the county, or portions thereof, to take a person
   45  into custody upon the entry of an ex parte order or the
   46  execution of a certificate for involuntary examination by an
   47  authorized professional and to transport that person to the
   48  appropriate facility within the designated receiving system
   49  pursuant to a transportation plan.
   50         (b)1. The designated law enforcement agency may decline to
   51  transport the person to a receiving facility only if:
   52         a. The jurisdiction designated by the county has contracted
   53  on an annual basis with an emergency medical transport service
   54  or private transport company for transportation of persons to
   55  receiving facilities pursuant to this section at the sole cost
   56  of the county; and
   57         b. The law enforcement agency and the emergency medical
   58  transport service or private transport company agree that the
   59  continued presence of law enforcement personnel is not necessary
   60  for the safety of the person or others.
   61         2. The entity providing transportation may seek
   62  reimbursement for transportation expenses. The party responsible
   63  for payment for such transportation is the person receiving the
   64  transportation. The county shall seek reimbursement from the
   65  following sources in the following order:
   66         a. From a private or public third-party payor, if the
   67  person receiving the transportation has applicable coverage.
   68         b. From the person receiving the transportation.
   69         c. From a financial settlement for medical care, treatment,
   70  hospitalization, or transportation payable or accruing to the
   71  injured party.
   72         (c) A company that transports a patient pursuant to this
   73  subsection is considered an independent contractor and is solely
   74  liable for the safe and dignified transport of the patient. Such
   75  company must be insured and provide no less than $100,000 in
   76  liability insurance with respect to the transport of patients.
   77         (d) Any company that contracts with a governing board of a
   78  county to transport patients shall comply with the applicable
   79  rules of the department to ensure the safety and dignity of
   80  patients.
   81         (e) When a law enforcement officer takes custody of a
   82  person pursuant to this part, the officer may request assistance
   83  from emergency medical personnel if such assistance is needed
   84  for the safety of the officer or the person in custody.
   85         (f) When a member of a mental health overlay program or a
   86  mobile crisis response service is a professional authorized to
   87  initiate an involuntary examination pursuant to s. 394.463 or s.
   88  397.675 and that professional evaluates a person and determines
   89  that transportation to a receiving facility is needed, the
   90  service, at its discretion, may transport the person to the
   91  facility or may call on the law enforcement agency or other
   92  transportation arrangement best suited to the needs of the
   93  patient.
   94         (g) When any law enforcement officer has custody of a
   95  person based on either noncriminal or minor criminal behavior
   96  that meets the statutory guidelines for involuntary examination
   97  pursuant to s. 394.463, the law enforcement officer shall
   98  transport the person to the appropriate facility within the
   99  designated receiving system pursuant to a transportation plan.
  100  Persons who meet the statutory guidelines for involuntary
  101  admission pursuant to s. 397.675 may also be transported by law
  102  enforcement officers to the extent resources are available and
  103  as otherwise provided by law. Such persons shall be transported
  104  to an appropriate facility within the designated receiving
  105  system pursuant to a transportation plan.
  106         (h) When any law enforcement officer has arrested a person
  107  for a felony and it appears that the person meets the statutory
  108  guidelines for involuntary examination or placement under this
  109  part, such person must first be processed in the same manner as
  110  any other criminal suspect. The law enforcement agency shall
  111  thereafter immediately notify the appropriate facility within
  112  the designated receiving system pursuant to a transportation
  113  plan. The receiving facility shall be responsible for promptly
  114  arranging for the examination and treatment of the person. A
  115  receiving facility is not required to admit a person charged
  116  with a crime for whom the facility determines and documents that
  117  it is unable to provide adequate security, but shall provide
  118  examination and treatment to the person where he or she is held.
  119         (i) If the appropriate law enforcement officer believes
  120  that a person has an emergency medical condition as defined in
  121  s. 395.002, the person may be first transported to a hospital
  122  for emergency medical treatment, regardless of whether the
  123  hospital is a designated receiving facility.
  124         (j) The costs of transportation, evaluation,
  125  hospitalization, and treatment incurred under this subsection by
  126  persons who have been arrested for violations of any state law
  127  or county or municipal ordinance may be recovered as provided in
  128  s. 901.35.
  129         (k) The appropriate facility within the designated
  130  receiving system pursuant to a transportation plan must accept
  131  persons brought by law enforcement officers, or an emergency
  132  medical transport service or a private transport company
  133  authorized by the county, for involuntary examination pursuant
  134  to s. 394.463.
  135         (l) The appropriate facility within the designated
  136  receiving system pursuant to a transportation plan must provide
  137  persons brought by law enforcement officers, or an emergency
  138  medical transport service or a private transport company
  139  authorized by the county, pursuant to s. 397.675, a basic
  140  screening or triage sufficient to refer the person to the
  141  appropriate services.
  142         (m) Each law enforcement agency designated pursuant to
  143  paragraph (a) shall establish a policy that reflects a single
  144  set of protocols for the safe and secure transportation and
  145  transfer of custody of the person. Each law enforcement agency
  146  shall provide a copy of the protocols to the managing entity.
  147         (n) When a jurisdiction has entered into a contract with an
  148  emergency medical transport service or a private transport
  149  company for transportation of persons to facilities within the
  150  designated receiving system, such service or company shall be
  151  given preference for transportation of persons from nursing
  152  homes, assisted living facilities, adult day care centers, or
  153  adult family-care homes, unless the behavior of the person being
  154  transported is such that transportation by a law enforcement
  155  officer is necessary.
  156         (o) This section may not be construed to limit emergency
  157  examination and treatment of incapacitated persons provided in
  158  accordance with s. 401.445.
  159         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  160         (a) If neither the patient nor any person legally obligated
  161  or responsible for the patient is able to pay for the expense of
  162  transporting a voluntary or involuntary patient to a treatment
  163  facility, the transportation plan established by the governing
  164  board of the county or counties must specify how the
  165  hospitalized patient will be transported to, from, and between
  166  facilities in a safe and dignified manner.
  167         (b) A company that transports a patient pursuant to this
  168  subsection is considered an independent contractor and is solely
  169  liable for the safe and dignified transportation of the patient.
  170  Such company must be insured and provide no less than $100,000
  171  in liability insurance with respect to the transport of
  172  patients.
  173         (c) A company that contracts with one or more counties to
  174  transport patients in accordance with this section shall comply
  175  with the applicable rules of the department to ensure the safety
  176  and dignity of patients.
  177         (d) County or municipal law enforcement and correctional
  178  personnel and equipment may not be used to transport patients
  179  adjudicated incapacitated or found by the court to meet the
  180  criteria for involuntary placement pursuant to s. 394.467,
  181  except in small rural counties where there are no cost-efficient
  182  alternatives.
  183         (3)TRANSPORTATION TO A SERVICE PROVIDER OTHER THAN A
  184  TREATMENT FACILITY OR RECEIVING FACILITY.—The county may
  185  designate at least one law enforcement agency to transport
  186  persons on a voluntary basis to service providers that have
  187  agreed to accept such persons. Such persons may not be
  188  considered to be in the custody of the law enforcement officer
  189  providing such transportation. A law enforcement officer
  190  providing such transportation may search the person to the
  191  extent necessary to disclose the presence of a weapon.
  192         (4)(3) TRANSFER OF CUSTODY.—Except as provided in
  193  subsection (3), custody of a person who is transported pursuant
  194  to this part, along with related documentation, shall be
  195  relinquished to a responsible individual at the appropriate
  196  receiving or treatment facility.
  197         Section 2. This act shall take effect July 1, 2023.