Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1604
Ì317706/Î317706
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2025 .
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The Appropriations Committee on Criminal and Civil Justice
(Martin) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (10) of section 57.085, Florida
6 Statutes, is amended to read:
7 57.085 Deferral of prepayment of court costs and fees for
8 indigent prisoners.—
9 (10) With the exception of challenges to prison
10 disciplinary reports, this section does not apply to a criminal
11 proceeding or a collateral criminal proceeding.
12 Section 2. Paragraph (b) of subsection (2) and paragraphs
13 (f) and (g) of subsection (6) of section 95.11, Florida
14 Statutes, are amended to read:
15 95.11 Limitations other than for the recovery of real
16 property.—Actions other than for recovery of real property shall
17 be commenced as follows:
18 (2) WITHIN FIVE YEARS.—
19 (b) A legal or equitable action on a contract, obligation,
20 or liability founded on a written instrument, except for an
21 action to enforce a claim against a payment bond, which shall be
22 governed by the applicable provisions of paragraph (6)(e), s.
23 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an
24 action for a deficiency judgment governed by paragraph (6)(g)
25 (6)(h).
26 (6) WITHIN ONE YEAR.—
27 (f) Except for actions described in subsection (9), or a
28 petition challenging a criminal conviction, all petitions;
29 extraordinary writs; tort actions, including those under s.
30 768.28(14); or other actions which concern any condition of
31 confinement of a prisoner a petition for extraordinary writ,
32 other than a petition challenging a criminal conviction, filed
33 by or on behalf of a prisoner as defined in s. 57.085. Any
34 petition, writ, or action brought under this paragraph must be
35 commenced within 1 year after the time the incident, conduct, or
36 conditions occurred or within 1 year after the time the
37 incident, conduct, or conditions were discovered, or should have
38 been discovered.
39 (g) Except for actions described in subsection (9), an
40 action brought by or on behalf of a prisoner, as defined in s.
41 57.085, relating to the conditions of the prisoner’s
42 confinement.
43 Section 3. Section 760.701, Florida Statutes, is created to
44 read:
45 760.701 Lawsuits by prisoners.—
46 (1) For the purposes of this section, the term “prisoner”
47 means any person incarcerated or detained in any jail, prison,
48 or other correctional facility who is accused of, convicted of,
49 sentenced for, or adjudicated delinquent for violations of
50 criminal law or the terms and conditions of parole, probation,
51 pretrial release, or a diversionary program.
52 (2) An action may not be brought by or on behalf of a
53 prisoner relating to the conditions of the prisoner’s
54 confinement under 42 U.S.C. s. 1983, or any other state or
55 federal law, until the administrative remedies available are
56 fully exhausted.
57 (3) The court shall on its own motion or on the motion of a
58 party dismiss any action brought relating to the conditions of
59 the prisoner’s confinement under 42 U.S.C. s. 1983, or any other
60 state or federal law, by a prisoner if the court is satisfied
61 that the action is frivolous, malicious, fails to state a claim
62 upon which relief can be granted, or seeks monetary relief from
63 a defendant who is immune from such relief. The court shall
64 review any such action pursuant to s. 57.085(6).
65 (4) An action may not be brought in state court by or on
66 behalf of a prisoner relating to the conditions of the
67 prisoner’s confinement under 42 U.S.C. s. 1983, or any state
68 tort action, for mental or emotional injury suffered while in
69 custody without a prior showing of physical injury or the
70 commission of a sexual act as defined in 18 U.S.C. s. 2246(2).
71 (5) The time for bringing an action that concerns any
72 condition of confinement of a prisoner shall be the limitations
73 period as described in s. 95.11(6)(f).
74 Section 4. Present paragraph (e) of subsection (3) of
75 section 775.087, Florida Statutes, is redesignated as paragraph
76 (f), paragraph (e) is added to subsection (2) and a new
77 paragraph (e) is added to subsection (3) of that section, and
78 paragraphs (a) and (d) of subsection (2) and paragraphs (a) and
79 (d) of subsection (3) of that section are amended, to read:
80 775.087 Possession or use of weapon; aggravated battery;
81 felony reclassification; minimum sentence.—
82 (2)(a)1. Any person who is convicted of a felony or an
83 attempt to commit a felony, regardless of whether the use of a
84 weapon is an element of the felony, and the conviction was for:
85 a. Murder;
86 b. Sexual battery;
87 c. Robbery;
88 d. Burglary;
89 e. Arson;
90 f. Aggravated battery;
91 g. Kidnapping;
92 h. Escape;
93 i. Aircraft piracy;
94 j. Aggravated child abuse;
95 k. Aggravated abuse of an elderly person or disabled adult;
96 l. Unlawful throwing, placing, or discharging of a
97 destructive device or bomb;
98 m. Carjacking;
99 n. Home-invasion robbery;
100 o. Aggravated stalking;
101 p. Trafficking in cannabis, trafficking in cocaine, capital
102 importation of cocaine, trafficking in illegal drugs, capital
103 importation of illegal drugs, trafficking in phencyclidine,
104 capital importation of phencyclidine, trafficking in
105 methaqualone, capital importation of methaqualone, trafficking
106 in amphetamine, capital importation of amphetamine, trafficking
107 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
108 (GHB), trafficking in 1,4-Butanediol, trafficking in
109 Phenethylamines, or other violation of s. 893.135(1);
110 q. Possession of a firearm by a felon; or
111 r. Human trafficking,
112
113 and during the commission of the offense, such person actually
114 possessed a “firearm” or “destructive device” as those terms are
115 defined in s. 790.001, shall be sentenced to a minimum term of
116 imprisonment of 10 years, except that a person who is convicted
117 for possession of a firearm by a felon or burglary of a
118 conveyance shall be sentenced to a minimum term of imprisonment
119 of 3 years if such person possessed a “firearm” or “destructive
120 device” during the commission of the offense. However, if an
121 offender who is convicted of the offense of possession of a
122 firearm by a felon has a previous conviction of committing or
123 attempting to commit a felony listed in s. 775.084(1)(b)1. and
124 actually possessed a firearm or destructive device during the
125 commission of the prior felony, the offender shall be sentenced
126 to a minimum term of imprisonment of 10 years.
127 2. Any person who is convicted of a felony or an attempt to
128 commit a felony listed in sub-subparagraphs 1.a.-p. or sub
129 subparagraph 1.r., regardless of whether the use of a weapon is
130 an element of the felony, and during the course of the
131 commission of the felony such person discharged a “firearm” or
132 “destructive device” as those terms are defined in s. 790.001
133 shall be sentenced to a minimum term of imprisonment of 20
134 years.
135 3. Any person who is convicted of a felony or an attempt to
136 commit a felony listed in sub-subparagraphs 1.a.-p. or sub
137 subparagraph 1.r., regardless of whether the use of a weapon is
138 an element of the felony, and during the course of the
139 commission of the felony such person discharged a “firearm” or
140 “destructive device” as those terms are defined in s. 790.001
141 and, as the result of the discharge, death or great bodily harm
142 was inflicted upon any person, the convicted person shall be
143 sentenced to a minimum term of imprisonment of not less than 25
144 years and not more than a term of imprisonment of life in
145 prison.
146 (d) It is the intent of the Legislature that offenders who
147 actually possess, carry, display, use, threaten to use, or
148 attempt to use firearms or destructive devices be punished to
149 the fullest extent of the law. The court shall impose, and the
150 minimum term terms of imprisonment required under paragraph (a)
151 imposed pursuant to this subsection shall be imposed for each
152 qualifying felony offense count for which the person is
153 convicted. If the offender is convicted of multiple felony
154 offenses for which paragraph (a) requires the imposition of a
155 minimum term of imprisonment, the court must shall impose any
156 such terms term of imprisonment provided for in this subsection
157 consecutively to any other term of imprisonment imposed for any
158 other felony offense.
159 (e) If an offender commits a felony listed in subparagraph
160 (a)1. in conjunction with any other felony offense not listed in
161 subparagraph (a)1., the court may impose any term of
162 imprisonment provided for in paragraph (a) consecutively to any
163 other term of imprisonment imposed for any other felony offense
164 not listed in subparagraph (a)1.
165 (3)(a)1. Any person who is convicted of a felony or an
166 attempt to commit a felony, regardless of whether the use of a
167 firearm is an element of the felony, and the conviction was for:
168 a. Murder;
169 b. Sexual battery;
170 c. Robbery;
171 d. Burglary;
172 e. Arson;
173 f. Aggravated battery;
174 g. Kidnapping;
175 h. Escape;
176 i. Sale, manufacture, delivery, or intent to sell,
177 manufacture, or deliver any controlled substance;
178 j. Aircraft piracy;
179 k. Aggravated child abuse;
180 l. Aggravated abuse of an elderly person or disabled adult;
181 m. Unlawful throwing, placing, or discharging of a
182 destructive device or bomb;
183 n. Carjacking;
184 o. Home-invasion robbery;
185 p. Aggravated stalking;
186 q. Trafficking in cannabis, trafficking in cocaine, capital
187 importation of cocaine, trafficking in illegal drugs, capital
188 importation of illegal drugs, trafficking in phencyclidine,
189 capital importation of phencyclidine, trafficking in
190 methaqualone, capital importation of methaqualone, trafficking
191 in amphetamine, capital importation of amphetamine, trafficking
192 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
193 (GHB), trafficking in 1,4-Butanediol, trafficking in
194 Phenethylamines, or other violation of s. 893.135(1); or
195 r. Human trafficking,
196
197 and during the commission of the offense, such person possessed
198 a semiautomatic firearm and its high-capacity detachable box
199 magazine or a machine gun as defined in s. 790.001, shall be
200 sentenced to a minimum term of imprisonment of 15 years.
201 2. Any person who is convicted of a felony or an attempt to
202 commit a felony listed in subparagraph 1., regardless of whether
203 the use of a weapon is an element of the felony, and during the
204 course of the commission of the felony such person discharged a
205 semiautomatic firearm and its high-capacity box magazine or a
206 “machine gun” as defined in s. 790.001 shall be sentenced to a
207 minimum term of imprisonment of 20 years.
208 3. Any person who is convicted of a felony or an attempt to
209 commit a felony listed in subparagraph 1., regardless of whether
210 the use of a weapon is an element of the felony, and during the
211 course of the commission of the felony such person discharged a
212 semiautomatic firearm and its high-capacity box magazine or a
213 “machine gun” as defined in s. 790.001 and, as the result of the
214 discharge, death or great bodily harm was inflicted upon any
215 person, the convicted person shall be sentenced to a minimum
216 term of imprisonment of not less than 25 years and not more than
217 a term of imprisonment of life in prison.
218 (d) It is the intent of the Legislature that offenders who
219 possess, carry, display, use, threaten to use, or attempt to use
220 a semiautomatic firearm and its high-capacity detachable box
221 magazine or a machine gun as defined in s. 790.001 be punished
222 to the fullest extent of the law. The court shall impose, and
223 the minimum term terms of imprisonment required under paragraph
224 (a) imposed pursuant to this subsection shall be imposed for
225 each qualifying felony offense count for which the person is
226 convicted. If the offender is convicted of multiple felony
227 offenses for which paragraph (a) requires the imposition of a
228 minimum term of imprisonment, the court must shall impose any
229 such terms term of imprisonment provided for in this subsection
230 consecutively to any other term of imprisonment imposed for any
231 other felony offense.
232 (e) If an offender commits a felony listed in subparagraph
233 (a)1. in conjunction with any other felony offense not listed in
234 subparagraph (a)1., the court may impose any term of
235 imprisonment provided for in paragraph (a) consecutively to any
236 other term of imprisonment imposed for any other felony offense
237 not listed in subparagraph (a)1.
238 Section 5. Present paragraphs (b) through (e) of subsection
239 (4) of section 934.425, Florida Statutes, are redesignated as
240 paragraphs (f) through (i), respectively, and new paragraphs (b)
241 through (e) are added to that subsection, to read:
242 934.425 Installation or use of tracking devices or tracking
243 applications; exceptions; penalties.—
244 (4) This section does not apply to:
245 (b) A law enforcement officer as defined in s. 943.10, or
246 any local, state, federal, or military law enforcement agency,
247 who lawfully installs, places, or uses a tracking device or
248 application on another person while acting in the course or
249 scope of his or her employment.
250 (c) A correctional officer, a correctional probation
251 officer, or any other officer or support personnel, as those
252 terms are defined in s. 943.10, of the Department of Corrections
253 who lawfully installs, places, or uses a tracking device or
254 tracking application on a person in his or her care, custody, or
255 control and in the course and scope of his or her employment.
256 (d) A juvenile probation officer, an authorized agent or
257 designee, or delinquency program staff, as those terms are
258 defined in s. 985.03, of the Department of Juvenile Justice who
259 lawfully installs, places, or uses a tracking device or tracking
260 application on a person in his or her care, custody, or control
261 and in the course and scope of his or her employment.
262 (e) A person authorized to install, place, or use a
263 tracking device or tracking application pursuant to a court
264 order.
265 Section 6. Section 945.41, Florida Statutes, is amended to
266 read:
267 945.41 Mental health treatment for inmates; legislative
268 intent of ss. 945.40-945.49.—
269 (1) INTENT.—It is the intent of the Legislature that:
270 (a) mentally ill Inmates in the custody of the department
271 who have a mental illness of Corrections receive an evaluation
272 and appropriate treatment for their mental illness through a
273 continuum of outpatient and inpatient mental health treatment
274 and services.
275 (b) The department is authorized to purchase treatment
276 materials and equipment to support inmate rehabilitation; to
277 ameliorate disabling mental symptoms associated with impairment
278 in behavioral functioning, sensory and motor skills, and impulse
279 control; and to improve adaptive coping skills consistent with
280 the department’s jurisdiction as described in s. 945.025.
281 (c) Sections 945.40-945.49 do not supplement, amend, or
282 change the responsibilities of the Department of Children and
283 Families pursuant to chapter 916, the Forensic Client Services
284 Act, which governs forensic services for persons who are
285 incompetent to proceed as defined in s. 916.106.
286 (2) INDIVIDUAL DIGNITY AND TREATMENT.—
287 (a) An inmate in the custody of the department shall be
288 offered treatment that is suited to his or her needs as
289 determined by health care staff.
290 (b) The department shall provide mental health treatment
291 and services to inmates and may contract with any entities,
292 persons, or agencies qualified to provide such treatment and
293 services.
294 (c) Inmates receiving mental health treatment and services
295 shall be offered the opportunity to participate in the
296 development of a written individualized treatment plan and be
297 provided a copy of such plan before its implementation. It is
298 further the intent of the Legislature that:
299 (d)(1) Inmates in the custody of the department who have
300 mental illnesses that require hospitalization and intensive
301 mental health psychiatric inpatient treatment and services or
302 care shall be offered receive appropriate treatment or care in
303 an inpatient setting Department of Corrections mental health
304 treatment facilities designated for that purpose. Inmates who
305 have mental illnesses that require intensive hospitalization
306 level mental health inpatient treatment and services shall be
307 transferred to a department mental health treatment facility
308 designated for that purpose The Department of Corrections shall
309 provide mental health services to inmates committed to it and
310 may contract with any entities, persons, or agencies qualified
311 to provide such services.
312 (e)(2) Mental health treatment facilities shall be secure
313 and adequately equipped and staffed for the provision of mental
314 health treatment and services. Inmates shall be offered the
315 least restrictive appropriate available treatment and services
316 based on their assessed needs and best interests and consistent
317 with improvement of their condition for facilitation of
318 appropriate adjustment within the correctional environment
319 services and that, to the extent possible, such services be
320 provided in the least restrictive manner consistent with optimum
321 improvement of the inmate’s condition.
322 (3) EXPRESS AND INFORMED CONSENT.—
323 (a) A mentally competent inmate offered mental health
324 treatment within the department shall give his or her express
325 and informed consent for such treatment. Before giving such
326 consent, the following information shall be provided and
327 explained in plain language to the inmate:
328 1. The proposed treatment.
329 2. The purpose of the treatment.
330 3. The common risks, benefits, and side effects of the
331 treatment and the specific dosage range for a medication, if
332 applicable.
333 4. Alternative treatment modalities.
334 5. The approximate length of treatment.
335 6. The potential effects of stopping treatment.
336 7. How treatment will be monitored.
337 8. That any consent given for treatment may be revoked
338 orally or in writing before or during the treatment period by
339 the inmate or by a person legally authorized to make health care
340 decisions on behalf of the inmate.
341 (b) Inmates who are determined to be incompetent to consent
342 to treatment shall receive treatment deemed to be necessary for
343 their appropriate care and for the safety of the inmate or
344 others in accordance with the procedures established in ss.
345 945.40-945.49.
346 (4)(3) PAROLE.—Inmates who are transferred to any facility
347 for the purpose of mental health treatment and services shall be
348 given consideration for parole and be eligible for release by
349 reason of gain-time allowances as provided in s. 944.291 and
350 release by expiration of sentence, consistent with guidelines
351 established for that purpose by the department.
352 (5)(4) YOUTHFUL OFFENDERS.—Any inmate sentenced as a
353 youthful offender, or designated as a youthful offender by the
354 department under chapter 958, who is transferred pursuant to
355 this act to a mental health treatment facility shall be
356 separated from other inmates, if necessary, as determined by the
357 warden of the mental health treatment facility.
358 (6)(5) TREATMENT FACILITIES.—The department may designate
359 mental health treatment facilities for adult, youthful, and
360 female offenders or may contract with other appropriate
361 entities, persons, or agencies for such services.
362 (7) EMERGENCY MEDICAL TREATMENT.—Notwithstanding any other
363 provision of this section, when the express and informed consent
364 of an inmate placed in a mental health treatment facility in
365 accordance with s. 945.44 cannot be obtained or the inmate is
366 incompetent to consent to treatment, the warden of a mental
367 health treatment facility, or his or her designated
368 representative, under the direction of the inmate’s attending
369 physician, may authorize nonpsychiatric, emergency surgical
370 treatment or other routine medical treatment if such treatment
371 is deemed lifesaving or there is a situation threatening serious
372 bodily harm to the inmate.
373 Section 7. Section 945.42, Florida Statutes, is amended to
374 read:
375 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
376 945.40-945.49, the following terms shall have the meanings
377 ascribed to them, unless the context shall clearly indicate
378 otherwise:
379 (1) “Court” means the circuit court.
380 (2) “Crisis stabilization care” means an inpatient a level
381 of care that is less restrictive and intensive intense than care
382 provided in a mental health treatment facility, that includes a
383 broad range of evaluation and treatment and services provided
384 within a secure and highly structured residential setting or
385 locked residential setting, and that is intended for inmates who
386 are experiencing acute psychological emotional distress and who
387 cannot be adequately evaluated and treated in a transitional
388 care unit or infirmary isolation management room. Such treatment
389 and services are is also more intense than treatment and
390 services provided in a transitional care unit and are is devoted
391 principally toward rapid stabilization of acute symptoms and
392 conditions.
393 (3) “Department” means the Department of Corrections.
394 (4) “Express and informed consent” means consent
395 voluntarily given in writing by a competent inmate, after
396 sufficient explanation and disclosure of the subject matter
397 involved, to enable the inmate to make a knowing and willful
398 decision without any element of force, fraud, deceit, duress, or
399 other form of constraint or coercion.
400 (5) “Gravely disabled” means a condition in which an
401 inmate, as a result of a diagnosed mental illness, is:
402 (a) In danger of serious physical harm resulting from the
403 inmate’s failure to provide for his or her essential physical
404 needs of food, clothing, hygiene, health, or safety without the
405 assistance of others; or
406 (b) Experiencing a substantial deterioration in behavioral
407 functioning evidenced by the inmate’s unremitting decline in
408 volitional control over his or her actions.
409 (6) “Incompetent to consent to treatment” means a state in
410 which an inmate’s judgment is so affected by mental illness that
411 he or she lacks the capacity to make a well-reasoned, willful,
412 and knowing decision concerning his or her medical or mental
413 health treatment and services. The term is distinguished from
414 the term incompetent to proceed, as defined in s. 916.106, and
415 refers only to an inmate’s inability to provide express and
416 informed consent for medical or mental health treatment and
417 services.
418 (4) “Director” means the Director for Mental Health
419 Services of the Department of Corrections or his or her
420 designee.
421 (5) “In immediate need of care and treatment” means that an
422 inmate is apparently mentally ill and is not able to be
423 appropriately cared for in the institution where he or she is
424 confined and that, but for being isolated in a more restrictive
425 and secure housing environment, because of the apparent mental
426 illness:
427 (a)1. The inmate is demonstrating a refusal to care for
428 himself or herself and without immediate treatment intervention
429 is likely to continue to refuse to care for himself or herself,
430 and such refusal poses an immediate, real, and present threat of
431 substantial harm to his or her well-being; or
432 2. There is an immediate, real, and present threat that the
433 inmate will inflict serious bodily harm on himself or herself or
434 another person, as evidenced by recent behavior involving
435 causing, attempting, or threatening such harm;
436 (b) The inmate is unable to determine for himself or
437 herself whether placement is necessary; and
438 (c) All available less restrictive treatment alternatives
439 that would offer an opportunity for improvement of the inmate’s
440 condition have been clinically determined to be inappropriate.
441 (7)(6) “In need of care and treatment” means that an inmate
442 has a mental illness for which inpatient services in a mental
443 health treatment facility are necessary and that, but for being
444 isolated in a more restrictive and secure housing environment,
445 because of the mental illness:
446 (a) But for being isolated in a more restrictive and secure
447 housing environment:
448 1. The inmate is demonstrating a refusal to care for
449 himself or herself and without treatment is likely to continue
450 to refuse to care for himself or herself, and such refusal poses
451 a real and present threat of substantial harm to his or her
452 well-being; or
453 2. There is a substantial likelihood that in the near
454 future the inmate will inflict serious bodily harm on himself or
455 herself or another person, as evidenced by recent behavior
456 causing, attempting, or threatening such harm.;
457 (b) The inmate is incompetent to consent to treatment and
458 is unable or is refusing to provide express and informed consent
459 to treatment.
460 (c)(b) The inmate is unable to determine for himself or
461 herself whether placement is necessary.; and
462 (d)(c) All available less restrictive treatment
463 alternatives that would offer an opportunity for improvement of
464 the inmate’s condition have been clinically determined to be
465 inappropriate.
466 (8)(7) “Inmate” means any person committed to the custody
467 of the Department of Corrections.
468 (9) “Involuntary examination” means a psychiatric
469 examination performed at a mental health treatment facility to
470 determine whether an inmate should be placed in the mental
471 health treatment facility for inpatient mental health treatment
472 and services.
473 (10) “Likelihood of serious harm” means:
474 (a) A substantial risk that the inmate will inflict serious
475 physical harm upon his or her own person, as evidenced by
476 threats or attempts to commit suicide or the actual infliction
477 of serious physical harm on self;
478 (b) A substantial risk that the inmate will inflict
479 physical harm upon another person, as evidenced by behavior
480 which has caused such harm or which places any person in
481 reasonable fear of sustaining such harm; or
482 (c) A reasonable degree of medical certainty that the
483 inmate will suffer serious physical or mental harm, as evidenced
484 by the inmate’s recent behavior demonstrating an inability to
485 refrain from engaging in self-harm behavior.
486 (11)(8) “Mental health treatment facility” means any
487 extended treatment or hospitalization-level unit within the
488 corrections system which the Assistant Secretary for Health
489 Services of the department specifically designates by rule to
490 provide acute mental health psychiatric care and which may
491 include involuntary treatment and therapeutic intervention in
492 contrast to less intensive levels of care such as outpatient
493 mental health care, transitional mental health care, or crisis
494 stabilization care. The term does not include a forensic
495 facility as defined in s. 916.106.
496 (12)(9) “Mental illness” or “mentally ill” means an
497 impairment of the mental or emotional processes that exercise
498 conscious control of one’s actions or of the ability to perceive
499 or understand reality, which impairment substantially interferes
500 with the person’s ability to meet the ordinary demands of
501 living. However, for the purposes of transferring an inmate to a
502 mental health treatment facility, the term does not include a
503 developmental disability as defined in s. 393.063, simple
504 intoxication, or conditions manifested only by antisocial
505 behavior or substance abuse addiction. However, an individual
506 who is developmentally disabled may also have a mental illness.
507 (13)(10) “Psychiatrist” means a medical practitioner
508 licensed pursuant to chapter 458 or chapter 459 who has
509 primarily diagnosed and treated nervous and mental disorders for
510 a period of not less than 3 years inclusive of psychiatric
511 residency.
512 (14)(11) “Psychological professional” means a behavioral
513 practitioner who has an approved doctoral degree in psychology
514 as defined in s. 490.003(3)(b) s. 490.003(3) and is employed by
515 the department or who is licensed as a psychologist pursuant to
516 chapter 490.
517 (15)(12) “Secretary” means the Secretary of Corrections.
518 (16)(13) “Transitional mental health care” means a level of
519 care that is more intensive than outpatient care, but less
520 intensive than crisis stabilization care, and is characterized
521 by the provision of traditional mental health treatment and
522 services, treatments such as group and individual therapy,
523 activity therapy, recreational therapy, and psychotropic
524 medications in the context of a secure, structured residential
525 setting. Transitional mental health care is indicated for an
526 inmate a person with chronic or residual symptomatology who does
527 not require crisis stabilization care or acute mental health
528 psychiatric care, but whose impairment in functioning
529 nevertheless renders him or her incapable of adjusting
530 satisfactorily within the general inmate population.
531 (17) “Treatment” means psychotropic medications prescribed
532 by a medical practitioner licensed pursuant to chapter 458 or
533 chapter 459, including those laboratory tests and related
534 medical procedures that are essential for the safe and effective
535 administration of a psychotropic medication and psychological
536 interventions and services, such as group and individual
537 psychotherapy, activity therapy, recreational therapy, and music
538 therapy. The term does not include forensic services for inmate
539 defendants who are incompetent to proceed as defined in s.
540 916.106.
541 (18)(14) “Warden” means the warden of a state corrections
542 facility or his or her designee.
543 Section 8. Section 945.43, Florida Statutes, is amended to
544 read:
545 (Substantial rewording of section. See
546 s. 945.43, F.S., for present text.)
547 945.43 Involuntary examination.—
548 (1) If there is reason to believe that an inmate has a
549 mental illness and the inmate is in need of care and treatment,
550 the inmate’s treating clinician may refer the inmate to a mental
551 health treatment facility for an involuntary examination. Upon
552 referral, the warden of the facility where the inmate is housed
553 shall transfer the inmate to a mental health treatment facility.
554 (2) Upon arrival to the mental health treatment facility,
555 the inmate shall be examined by a psychiatrist and a second
556 psychiatrist or psychological professional to determine whether
557 the inmate is in need of care and treatment.
558 (3) If, after the examination, the inmate is determined to
559 be in need of care and treatment, the psychiatrist shall propose
560 a recommended course of treatment that is essential to the care
561 of the inmate, and the warden shall initiate proceedings for
562 placement of the inmate in the mental health treatment facility
563 and for involuntary treatment of the inmate as specified in s.
564 945.44. If the inmate is not in need of care and treatment, he
565 or she shall be transferred out of the mental health treatment
566 facility and provided with appropriate mental health services.
567 (4) The involuntary examination and initiation of court
568 proceedings for the placement and applicable involuntary
569 treatment of the inmate in the mental health treatment facility
570 shall be completed within 10 calendar days after arrival.
571 (5) The inmate may remain in the mental health treatment
572 facility pending a hearing after the timely filing of a petition
573 as described in s. 945.44. Pending a hearing, necessary
574 emergency treatment may be provided in the mental health
575 treatment facility upon the written order of a physician as
576 provided in s. 945.48.
577 Section 9. Section 945.44, Florida Statutes, is amended to
578 read:
579 (Substantial rewording of section. See
580 s. 945.44, F.S., for present text.)
581 945.44 Placement and treatment of an inmate in a mental
582 health treatment facility.—
583 (1) CRITERIA FOR INVOLUNTARY PLACEMENT OR TREATMENT.—
584 (a) An inmate may be placed in a mental health treatment
585 facility if he or she is mentally ill and is in need of care and
586 treatment.
587 (b) An inmate may receive involuntary treatment for which
588 the inmate is unable or has refused to provide express and
589 informed consent, if all of the following apply:
590 1. The inmate is mentally ill;
591 2. The treatment is essential to the care of the inmate;
592 3. The treatment is not experimental and does not present
593 an unreasonable risk of serious, hazardous, or irreversible side
594 effects;
595 4. The inmate is gravely disabled or poses a likelihood of
596 serious harm; and
597 5. The inmate is incompetent to consent to treatment.
598 (2) HEARING PROCEDURES FOR PETITIONS FOR PLACEMENT AND
599 TREATMENT.—
600 (a) An inmate may be placed and involuntarily treated in a
601 mental health treatment facility after notice and hearing upon
602 the recommendation of the warden of the facility where the
603 inmate is confined. The warden of the institution where the
604 mental health treatment facility is located shall petition the
605 circuit court serving the county for an order authorizing the
606 placement and treatment of the inmate. The petition must be
607 supported by the expert opinion of at least one of the inmate’s
608 treating psychiatrists.
609 (b) The inmate shall be provided with a copy of the
610 petition along with the proposed treatment, the basis for the
611 proposed treatment, the names of the examining experts, and the
612 date, time, and location of the hearing. After considering the
613 public safety and security concerns presented by transporting
614 the inmate or in conducting onsite hearings, the court may order
615 that the hearing be conducted by electronic means or in person
616 at the facility or at another location designated by the court.
617 If the hearing is ordered by the court to be conducted at a
618 location other than the facility, the department is authorized
619 to transport the inmate to the location of the hearing.
620 (c) The inmate may have an attorney represent him or her at
621 the hearing, and, if the inmate is indigent, the court shall
622 appoint the office of the public defender or private counsel
623 pursuant to s. 27.40(1) to represent the inmate at the hearing.
624 An attorney representing the inmate shall have access to the
625 inmate and any records, including medical or mental health
626 records, which are relevant to the representation of the inmate.
627 (d) The hearing on the petition for involuntary placement
628 and treatment shall be held as expeditiously as possible after
629 the petition is filed, but no later than 14 calendar days after
630 filing. The court may appoint a general or special magistrate to
631 preside over the hearing. The inmate may testify or not, as he
632 or she chooses, may cross-examine witnesses testifying on behalf
633 of the facility, and may present his or her own witnesses.
634 (e) The court may waive the presence of the inmate at the
635 hearing if the waiver is consistent with the best interests of
636 the inmate and the inmate’s counsel does not object. One of the
637 inmate’s physicians whose opinion supported the petition shall
638 appear as a witness at the hearing.
639 (3) ORDERS FOR INVOLUNTARY PLACEMENT AND TREATMENT.—
640 (a) If the court finds by clear and convincing evidence
641 that the inmate meets the criteria specified in paragraph
642 (1)(a), the court must order that the inmate be involuntarily
643 placed in the mental health treatment facility for a period not
644 to exceed 6 months.
645 (b) If the court finds by clear and convincing evidence
646 that the inmate meets the criteria specified in paragraph
647 (1)(b), the court may order that the inmate be involuntarily
648 treated for a period not to exceed 6 months, concurrent with an
649 order for placement in the mental health treatment facility. In
650 determining whether to order involuntary treatment under this
651 paragraph, the court must consider the inmate’s expressed
652 preference regarding treatment, if the inmate is able to express
653 a preference; the probability of adverse side effects; the
654 prognosis for the inmate without treatment; the prognosis for
655 the inmate with treatment; and any other factors the court deems
656 relevant.
657 (4) STATUS HEARINGS AND CONTINUING JURISDICTION.—An order
658 authorizing involuntary placement and treatment must allow such
659 placement and treatment for a period not to exceed 6 months
660 following the date of the order. Unless the court is notified in
661 writing that the inmate has been discharged from the mental
662 health treatment facility because he or she is no longer in need
663 of care and treatment, has been transferred to another
664 institution of the department, or has been released from the
665 department’s custody, the warden shall, before the expiration of
666 the initial order, file a notice with the court to set a status
667 hearing for an order authorizing the continuation of placement
668 and treatment for another period not to exceed 6 months. This
669 procedure shall be repeated until the inmate is no longer in
670 need of care and treatment. Placement and treatment may be
671 continued pending a hearing after the timely filing of any
672 petition.
673 (5) COPIES OF ORDERS.—The court shall provide a copy of its
674 order authorizing placement and treatment along with all
675 supporting documentation relating to the inmate’s condition to
676 the warden of the mental health treatment facility.
677 (6) DISMISSAL OF PETITIONS.—If the court finds that
678 criteria for placement and treatment are not satisfied, it shall
679 dismiss the petition and the inmate shall be transferred out of
680 the mental health treatment facility and provided with
681 appropriate mental health services.
682 Section 10. Section 945.45, Florida Statutes, is repealed.
683 Section 11. Present subsection (3) of section 945.46,
684 Florida Statutes, is renumbered as subsection (5) and amended,
685 and a new subsection (3) and subsection (4) are added to that
686 section, to read:
687 945.46 Initiation of involuntary placement proceedings with
688 respect to a mentally ill inmate scheduled for release.—
689 (3) The warden shall file, in the court in the county where
690 the inmate is located, petitions for involuntary inpatient
691 placement for inmates scheduled to be released. Upon filing, the
692 clerk of the court shall provide copies to the Department of
693 Children and Families, the inmate, and the state attorney and
694 public defender of the judicial circuit in which the inmate is
695 located. A fee may not be charged for the filing of a petition
696 under chapter 394. Within 1 court working day after the filing
697 of a petition for involuntary inpatient placement, the court
698 shall appoint the public defender to represent the inmate who is
699 the subject of the petition, unless the inmate is otherwise
700 represented by counsel. The clerk of the court shall immediately
701 notify the public defender of such appointment. Any attorney
702 representing the inmate shall have access to the inmate,
703 witnesses, and records relevant to the presentation of the
704 patient’s case and shall represent the interests of the inmate,
705 regardless of the source of payment to the attorney. The state
706 attorney for the circuit in which the inmate is located shall
707 represent the state, rather than the petitioning warden, as the
708 real party in interest in the proceeding. The remainder of the
709 proceedings shall be governed by chapter 394.
710 (4) After considering the public safety and security
711 concerns presented by transporting a mentally ill inmate or in
712 conducting an onsite hearing, the court may order that the
713 hearing be conducted by electronic means, at the facility in
714 person, or at another location designated by the court. If the
715 hearing is ordered by the court to be conducted at a location
716 other than the facility, the department is authorized to
717 transport the inmate to the location of the hearing.
718 (5)(3) The department may transport an individual who is
719 being released from its custody to a receiving or mental health
720 treatment facility for involuntary examination or placement.
721 Such transport shall be made to a facility that is specified by
722 the Department of Children and Families as able to meet the
723 specific needs of the individual. If the Department of Children
724 and Families does not specify a facility, transport shall may be
725 made to the nearest receiving facility.
726 Section 12. Section 945.47, Florida Statutes, is amended to
727 read:
728 945.47 Discharge of inmate from mental health treatment.—
729 (1) An inmate who has been placed in a mental health
730 treatment facility transferred for the purpose of mental health
731 treatment shall be discharged from treatment by the warden under
732 the following conditions:
733 (a) If the inmate is no longer in need of care and
734 treatment, as defined in s. 945.42, he or she may be transferred
735 out of the mental health treatment facility and provided with
736 appropriate mental health services; or
737 (b) If the inmate’s sentence expires during his or her
738 treatment, but he or she is no longer in need of care and
739 treatment as an inpatient, the inmate may be released with a
740 recommendation for outpatient treatment, pursuant to the
741 provisions of ss. 945.40-945.49.
742 (2) At any time that an inmate who has received mental
743 health treatment while in the custody of the department becomes
744 eligible for release under supervision or upon end of sentence,
745 a record of the inmate’s mental health treatment may be provided
746 to the Florida Commission on Offender Review, and to the
747 Department of Children and Families to arrange postrelease
748 aftercare placement, and to prospective recipient inpatient
749 health care or residential facilities upon request. The record
750 shall include, at a minimum, a summary of the inmate’s
751 diagnosis, length of stay in treatment, clinical history,
752 prognosis, prescribed medication, treatment plan, and
753 recommendations for aftercare services.
754 Section 13. Section 945.48, Florida Statutes, is amended to
755 read:
756 (Substantial rewording of section. See
757 s. 945.48, F.S., for present text.)
758 945.48 Emergency treatment orders and use of force.—
759 (1) EMERGENCY MEDICATION.—The department is authorized to
760 involuntarily administer psychotropic medication to an inmate on
761 an emergency basis without following the procedure outlined in
762 s. 945.43 only as specified in this section. An emergency
763 treatment order for psychotropic medication may be provided to
764 the inmate upon the written order of a physician licensed
765 pursuant to chapter 458 or chapter 459 in an emergency not
766 exceeding 72 hours, excluding weekends and legal holidays. An
767 emergency exists when an inmate with a mental illness presents
768 an immediate threat of:
769 (a) Bodily harm to self or others; or
770 (b) Extreme deterioration in behavioral functioning
771 secondary to the mental illness.
772 (2) PSYCHOTROPIC MEDICATION.—Psychotropic medication may be
773 administered only when the medication constitutes an appropriate
774 treatment for a mental illness and its symptoms and alternative
775 treatments are not available or indicated, or would not be
776 effective. If after the 72-hour period the inmate has not given
777 express and informed consent to the medication initially
778 refused, the inmate’s treating physician shall refer the inmate
779 to a mental health treatment facility for an involuntary
780 examination in accordance with the procedures described in s.
781 945.43. Upon such referral, the warden shall, within 48 hours,
782 excluding weekends and legal holidays, transfer the inmate to a
783 mental health treatment facility. Upon transfer of the inmate
784 for an involuntary examination, the emergency treatment order
785 may be continued upon the written order of a physician as long
786 as the physician has determined that the emergency continues to
787 present a danger to the safety of the inmate or others and the
788 criteria described in this subsection are satisfied. If
789 psychotropic medication is still recommended after the
790 emergency, it may only be administered after following the
791 procedures outlined in s. 945.44.
792 (3) USE OF FORCE.—An employee or agent of the department is
793 authorized to apply physical force upon an inmate when and to
794 the extent that it reasonably appears necessary to effectuate
795 the treatment of an inmate as described in this section, for the
796 application of psychiatric restraint, to effectuate clinically
797 necessary hygiene, or pursuant to a valid court order issued
798 under s. 945.44 or s. 945.485. The requirements of s. 944.35
799 shall be followed when using force to effectuate such treatment,
800 apply such restraint, or effectuate such hygiene.
801 Section 14. Section 945.485, Florida Statutes, is created
802 to read:
803 945.485 Management and treatment for self-injurious
804 behaviors.—
805 (1) The Legislature finds that nonsuicidal self-injurious
806 behaviors in correctional institutions, or acts intended to
807 cause bodily harm but not death, have increased in the
808 correctional environment. Self-injurious behavior may include
809 nonsuicidal self-injury or self-mutilation, such as cutting,
810 reopening wounds, and ingesting or inserting foreign objects or
811 dangerous instruments into the body. These behaviors pose a
812 significant threat to inmates, staff, and, in many cases, the
813 safe and secure operation of the correctional institution. In
814 addition, self-injurious behaviors, coupled with the inmate’s
815 repeated refusals to provide express and informed consent for
816 medical treatment and care, are a significant challenge for
817 correctional medical and mental health professionals, resulting
818 in higher costs for medical services, and may result in
819 inadvertent mortality in the incarcerated population.
820 (2) In accordance with s. 945.6402, the Legislature finds
821 that an inmate retains the fundamental right of self
822 determination regarding decisions pertaining to his or her own
823 health, including the right to choose or refuse medical
824 treatment or life-saving medical procedures. However, the
825 inmate’s right to privacy and decisionmaking regarding medical
826 treatment may be outweighed by compelling state interests.
827 (3) When an inmate is engaging in active or ongoing self
828 injurious behavior and has refused to provide express and
829 informed consent for treatment related to the self-injurious
830 behavior, the warden of the facility where the inmate is housed
831 shall consult with the inmate’s treating physician regarding the
832 inmate’s medical and mental health status, current medical and
833 mental health treatment needs, and competency to provide express
834 and informed consent for treatment. The warden shall also
835 determine whether the inmate’s self-injurious behavior presents
836 a danger to the safety of department staff or other inmates or
837 the security, internal order, or discipline of the institution.
838 (a) If the inmate’s treating physician determines that the
839 inmate has a mental illness and is incompetent to consent to
840 treatment, the physician shall proceed in accordance with s.
841 945.6402 for any necessary surgical or medical services. If the
842 inmate is in need of care and treatment as defined in s. 945.42,
843 the inmate shall be referred to a mental health treatment
844 facility for an involuntary examination in accordance with s.
845 945.44.
846 (b) If the inmate is competent, refusing necessary surgical
847 or medical treatment, and engaging in active or ongoing self
848 injurious behavior that presents a threat to the safety of
849 department staff or other inmates or the security, internal
850 order, or discipline of the institution, the warden shall follow
851 the procedure set forth in subsection (4).
852 (4)(a) The warden, or his or her designated representative,
853 shall, on behalf of the state, petition the circuit court of the
854 county in which the inmate is residing or the county in which
855 the inmate is hospitalized for an order compelling the inmate to
856 submit to emergency surgical intervention or other medical
857 services to the extent necessary to remedy the threat to the
858 safety of staff or other inmates or the security, internal
859 order, or discipline of the institution. The petition must be
860 supported by the expert opinion of at least one of the inmate’s
861 treating physicians and may be supported by other staff as
862 necessary.
863 (b) The inmate shall be provided with a copy of the
864 petition along with the proposed intervention, the basis for the
865 proposed intervention, the names of the testifying experts and
866 witnesses, and the date, time, and location of the hearing.
867 After considering the medical status of the inmate, public
868 safety, and security concerns presented by transporting the
869 inmate, the court may order that the hearing be conducted by
870 electronic means or in person at the institution or at another
871 location designated by the court. If the hearing is ordered by
872 the court to be conducted at a location other than the
873 institution, the department is authorized to transport the
874 inmate to the location of the hearing.
875 (c) The inmate may have an attorney represent him or her at
876 the hearing, and, if the inmate is indigent, the court shall
877 appoint the office of the public defender or private counsel
878 pursuant to s. 27.40(1) to represent the inmate at the hearing.
879 An attorney representing the inmate shall have access to the
880 inmate and any records, including medical or mental health
881 records, which are relevant to the representation of the inmate.
882 (d) The hearing on the petition shall be held as
883 expeditiously as possible after the petition is filed, but no
884 later than 5 calendar days after filing. The court may appoint a
885 general or special magistrate to preside. The inmate may testify
886 or not, as he or she chooses, may cross-examine witnesses
887 testifying on behalf of the institution, and may present his or
888 her own witnesses.
889 (e) The court may waive the presence of the inmate at the
890 hearing if the waiver is consistent with the best interests of
891 the inmate and the inmate’s counsel does not object.
892 (f) The court shall determine whether the warden has
893 established, by clear and convincing evidence, a compelling
894 state interest sufficient to outweigh the inmate’s right to
895 refuse treatment. The court shall consider all of the following:
896 1. Preservation of the life of the inmate.
897 2. Prevention of suicide.
898 3. Protection of innocent third parties.
899 4. Maintenance of the ethical integrity of the medical
900 profession.
901 5. Preservation of the security, internal order, or
902 discipline of the institution.
903 6. Rehabilitation of the inmate.
904 7. Any other compelling state interest.
905 (g) If the court determines that there are compelling state
906 interests sufficient to override the inmate’s right to refuse
907 treatment, the court shall enter an order authorizing emergency
908 surgical intervention or other medical services, narrowly
909 tailored and in the least intrusive manner possible, only as
910 necessary to remedy the threat to the safety of third parties or
911 the security, internal order, or discipline of the institution.
912 Emergency surgical intervention or other medical services
913 authorized by the court may be carried out at the institution or
914 at a licensed hospital, as applicable.
915 (5) This section does not repeal by implication any
916 provision of s. 766.103, the Florida Medical Consent Law, or s.
917 768.13, the Good Samaritan Act. For all purposes, the Florida
918 Medical Consent Law and the Good Samaritan Act shall be
919 considered alternatives to this section.
920 Section 15. Subsection (2) of section 945.49, Florida
921 Statutes, is amended to read:
922 945.49 Operation and administration.—
923 (2) RULES.—The department, in cooperation with the Mental
924 Health Program Office of the Department of Children and
925 Families, shall adopt rules necessary for administration of ss.
926 945.40-945.49 in accordance with chapter 120.
927 Section 16. Section 945.6402, Florida Statutes, is created
928 to read:
929 945.6402 Inmate health care advance directives.—
930 (1) DEFINITIONS.—The terms used in this section have the
931 same meanings as in s. 765.101 unless otherwise specified in
932 this section. For purposes of this section, the term:
933 (a) “Health care facility” has the same meaning as in s.
934 765.101 and includes any correctional institution or facility
935 where health care is provided.
936 (b) “Incapacity” or “incompetent” means an inmate is
937 physically or mentally unable to communicate a willful and
938 knowing health care decision.
939 (c) “Informed consent” means consent voluntarily given by
940 an inmate after a sufficient explanation and disclosure of the
941 subject matter involved to enable the inmate to have a general
942 understanding of the treatment or procedure and the medically
943 acceptable alternatives, including the substantial risks and
944 hazards inherent in the proposed treatment or procedures, and to
945 make a knowing health care decision without coercion or undue
946 influence.
947 (d) “Inmate” means any person committed to the custody of
948 the department.
949 (e) “Ombudsman” means an individual designated and
950 specifically trained by the department to identify conditions
951 that may pose a threat to the rights, health, safety, and
952 welfare of inmates in a health care facility and who may be
953 appointed to serve as a proxy for an inmate who is physically or
954 mentally unable to communicate a willful and knowing health care
955 decision.
956 (f) “Proxy” means a competent adult who has not been
957 expressly designated to make health care decisions for a
958 particular incapacitated inmate, but who, nevertheless, is
959 authorized pursuant to s. 765.401 and as specified in this
960 section to make health care decisions for such inmate.
961 (g) “Proxy review team” means a team of at least five
962 members, appointed by the Assistant Secretary for Health
963 Services. The team shall be composed of, at a minimum, one
964 physician licensed pursuant to chapter 458 or chapter 459, one
965 psychologist licensed pursuant to chapter 490, one nurse
966 licensed pursuant to chapter 464, and one department chaplain.
967 (2) LEGISLATIVE FINDINGS AND INTENT.-
968 (a) In accordance with chapter 765, the Legislature finds
969 that an inmate retains the fundamental right of self
970 determination regarding decisions pertaining to his or her own
971 health, including the right to choose or refuse medical
972 treatment. In accordance with chapter 765, this right is subject
973 to certain institutional interests, including the protection of
974 human life, the preservation of ethical standards in the medical
975 profession, and, for inmates committed to the custody of the
976 department, the security and good order of the institutional
977 setting.
978 (b) To ensure that such right is not lost or diminished by
979 virtue of later physical or mental incapacity, the Legislature
980 intends that the procedures specified in chapter 765, and as
981 modified in this section for the institutional health care
982 setting, apply to incarcerated inmates. These procedures should
983 be less expensive and less restrictive than guardianship and
984 allow an inmate to plan for incapacity by executing a document
985 or orally designating another person to direct the course of his
986 or her health care or receive his or her health information, or
987 both, upon his or her incapacity. These procedures permit a
988 previously incapacitated inmate to exercise his or her full
989 right to make health care decisions as soon as the capacity to
990 make such decisions has been regained.
991 (c) In order to ensure that the rights and intentions of an
992 inmate are respected when the inmate is not able to participate
993 actively in decisions concerning himself or herself, and to
994 encourage communication between the inmate, his or her family,
995 and his or her treating physicians, the Legislature declares
996 that the laws of this state recognize the right of a competent
997 incarcerated adult to make an advance directive instructing his
998 or her physicians to provide, withhold, or withdraw life
999 prolonging procedures or to designate another person to make the
1000 health care decision for him or her in the event that such
1001 incarcerated person should become incapacitated and unable to
1002 personally direct his or her health care. It is further the
1003 intent of the Legislature that the department provide the
1004 opportunity for inmates to make advance directives as specified
1005 in this section.
1006 (d) The Legislature further recognizes that incarcerated
1007 inmates may not avail themselves of the opportunity to make an
1008 advance directive or, because of incarceration, may not have a
1009 surrogate, as defined in s. 765.101, willing, able, or
1010 reasonably available to make health care decisions on their
1011 behalf. Additionally, because of incarceration, the individuals
1012 designated in s. 765.401 who are eligible to serve as an
1013 appointed proxy may not be reasonably available, willing, or
1014 competent to make health care decisions for the inmate in the
1015 event of incapacity. Thus, it is the intent of the Legislature
1016 that the department have an efficient process that is less
1017 expensive and less restrictive than guardianship for the
1018 appointment of a proxy to allow for the expedient delivery of
1019 necessary health care to an incarcerated inmate.
1020 (e) This section does not supersede the process for inmate
1021 involuntary mental health treatment specified in ss. 945.40
1022 945.49.
1023 (3) CAPACITY OF INMATE; PROCEDURE.—
1024 (a) An inmate is presumed to be capable of making health
1025 care decisions for himself or herself unless he or she is
1026 determined to be incapacitated. When an inmate has
1027 decisionmaking capacity, the inmate’s wishes are controlling.
1028 Each physician or health care provider must clearly communicate
1029 the treatment plan and any change to the treatment plan before
1030 implementation of the plan or any change to the plan. Incapacity
1031 may not be inferred from an inmate’s involuntary hospitalization
1032 for mental illness or from his or her intellectual disability.
1033 (b) If an inmate’s capacity to make health care decisions
1034 for himself or herself or provide informed consent is in
1035 question, the inmate’s treating physician at the health care
1036 facility where the inmate is located shall evaluate the inmate’s
1037 capacity and, if the evaluating physician concludes that the
1038 inmate lacks capacity, enter that evaluation in the inmate’s
1039 medical record. If the evaluating physician has a question as to
1040 whether the inmate lacks capacity, another physician shall also
1041 evaluate the inmate’s capacity, and if the second physician
1042 finds that the inmate lacks the capacity to make health care
1043 decisions for himself or herself or provide informed consent,
1044 both physicians’ evaluations shall be entered in the inmate’s
1045 medical record.
1046 (c) If the inmate is found to be incapacitated and has
1047 designated a health care surrogate in accordance with chapter
1048 765, the institution’s or facility’s health care staff shall
1049 notify the surrogate and proceed as specified in chapter 765. If
1050 the incapacitated inmate has not designated a health care
1051 surrogate, the health care facility shall appoint a proxy to
1052 make health care decisions for the inmate as specified in this
1053 section.
1054 (d) A determination made pursuant to this section that an
1055 inmate lacks the capacity to make health care decisions for
1056 himself or herself may not be construed as a finding that an
1057 inmate lacks capacity for any other purpose.
1058 (4) HEALTH CARE ADVANCE DIRECTIVE; PROCEDURE.—
1059 (a) In accordance with chapter 765, the department shall
1060 offer inmates the opportunity to execute an advance directive as
1061 defined in s. 765.101.
1062 (b) The department shall provide to each inmate written
1063 information concerning advance directives and necessary forms to
1064 allow inmates to execute an advance directive. The department
1065 and its health care providers shall document in the inmate’s
1066 medical records whether the inmate has executed an advance
1067 directive. Neither the department nor its health care providers
1068 may require an inmate to execute an advance directive using the
1069 department’s forms. The inmate’s advance directive shall travel
1070 with the inmate within the department as part of the inmate’s
1071 medical record.
1072 (c) An advance directive may be amended or revoked at any
1073 time by a competent inmate by means of:
1074 1. A signed, dated writing of intent to amend or revoke;
1075 2. The physical cancellation or destruction of the advance
1076 directive by the inmate or by another person in the inmate’s
1077 presence and at the inmate’s direction;
1078 3. An oral expression of intent to amend or revoke; or
1079 4. A subsequently executed advance directive that is
1080 materially different from a previously executed advance
1081 directive.
1082 (5) PROXY.—
1083 (a) If an incapacitated inmate has not executed an advance
1084 directive or designated a health care surrogate in accordance
1085 with the procedures specified in chapter 765, or the designated
1086 health care surrogate is no longer available to make health care
1087 decisions, health care decisions may be made for the inmate by
1088 any of the individuals specified in the priority order provided
1089 in s. 765.401(1)(a)-(g) as proxy. Documentation of the efforts
1090 to locate a proxy from the classes specified in s.
1091 765.401(1)(a)-(g) shall be recorded in the inmate’s medical
1092 file.
1093 (b) If there are no individuals as specified in s.
1094 765.401(1)(a)-(g) available, willing, or competent to act on
1095 behalf of the inmate, and the inmate is housed in a correctional
1096 institution or facility where health care is provided in a
1097 nonhospital setting, the warden of the institution where the
1098 inmate is housed, or the warden’s designee, shall consult with
1099 the Assistant Secretary for Health Services or his or her
1100 designee, who shall appoint a department ombudsman to serve as
1101 the proxy. This appointment terminates when the inmate regains
1102 capacity or is no longer incarcerated in the custody of the
1103 department. In accordance with chapter 765 and as provided in
1104 this section, decisions to withhold or withdraw life-prolonging
1105 procedures will be reviewed by the department’s proxy review
1106 team for compliance with chapter 765 and the requirements of
1107 this section.
1108 (c) The ombudsman appointed to serve as the proxy is
1109 authorized to request the assistance of the treating physician
1110 and, upon request, a second physician not involved in the
1111 inmate’s care to assist the proxy in evaluating the inmate’s
1112 treatment.
1113 (d) In accordance with chapter 765, any health care
1114 decision made by any appointed proxy under this section must be
1115 based on the proxy’s informed consent and on the decision that
1116 the proxy reasonably believes the inmate would have made under
1117 the circumstances. If there is no indication of what decision
1118 the inmate would have made, the proxy may consider the inmate’s
1119 best interest in deciding that proposed treatments are to be
1120 withheld or that treatments currently in effect are to be
1121 withdrawn.
1122 (e) Before exercising the incapacitated inmate’s rights to
1123 select or decline health care, the proxy must comply with ss.
1124 765.205 and 765.305, except that any proxy’s decision to
1125 withhold or withdraw life-prolonging procedures must be
1126 supported by clear and convincing evidence that the decision
1127 would have been the one the inmate would have made had he or she
1128 been competent or, if there is no indication of what decision
1129 the inmate would have made, that the decision is in the inmate’s
1130 best interest.
1131 (f) Notwithstanding s. 456.057 and pursuant to s. 945.10
1132 and 45 C.F.R. part 164, subpart E, relevant protected health
1133 information and mental health and medical records of an
1134 incapacitated inmate may be disclosed to a proxy appointed to
1135 make health care decisions for an inmate.
1136 (6) USE OF FORCE.—In addition to s. 944.35(1), an employee
1137 of the department may apply reasonable physical force upon an
1138 incapacitated inmate to administer medical treatment only by or
1139 under the clinical supervision of a physician or his or her
1140 designee and only to carry out a health care decision made in
1141 accordance with this section and chapter 765.
1142 (7) IMMUNITY FROM LIABILITY.—A department health care
1143 provider, ombudsman, or other employee who acts under the
1144 direction of a health care provider as authorized in this
1145 section or chapter 765 is not subject to criminal prosecution or
1146 civil liability and may not be deemed to have engaged in
1147 unprofessional conduct as a result of carrying out a health care
1148 decision made in accordance with this section or chapter 765 on
1149 an inmate’s behalf.
1150 Section 17. Section 947.02, Florida Statutes, is amended to
1151 read:
1152 947.02 Florida Commission on Offender Review; members,
1153 appointment.—
1154 (1) Except as provided in s. 947.021, The members of the
1155 Florida commission on Offender Review shall be directly
1156 appointed by the Governor and Cabinet from a list of eligible
1157 applicants submitted by a parole qualifications committee. The
1158 appointments of members of the commission shall be certified to
1159 the Senate by the Governor and Cabinet for confirmation, and the
1160 membership of the commission shall include representation from
1161 minority persons as defined in s. 288.703.
1162 (2) If the Legislature decreases the membership of the
1163 commission, all commission member terms of office shall expire
1164 and new members of the commission must be appointed in
1165 accordance with subsection (1). Members appointed to the
1166 commission may be selected from incumbents A parole
1167 qualifications committee shall consist of five persons who are
1168 appointed by the Governor and Cabinet. One member shall be
1169 designated as chair by the Governor and Cabinet. The committee
1170 shall provide for statewide advertisement and the receiving of
1171 applications for any position or positions on the commission and
1172 shall devise a plan for the determination of the qualifications
1173 of the applicants by investigations and comprehensive
1174 evaluations, including, but not limited to, investigation and
1175 evaluation of the character, habits, and philosophy of each
1176 applicant. Each parole qualifications committee shall exist for
1177 2 years. If additional vacancies on the commission occur during
1178 this 2-year period, the committee may advertise and accept
1179 additional applications; however, all previously submitted
1180 applications shall be considered along with the new applications
1181 according to the previously established plan for the evaluation
1182 of the qualifications of applicants.
1183 (3) Within 90 days before an anticipated vacancy by
1184 expiration of term pursuant to s. 947.03 or upon any other
1185 vacancy, the Governor and Cabinet shall appoint a parole
1186 qualifications committee if one has not been appointed during
1187 the previous 2 years. The committee shall consider applications
1188 for the commission seat, including the application of an
1189 incumbent commissioner if he or she applies, according to
1190 subsection (2). The committee shall submit a list of three
1191 eligible applicants, which may include the incumbent if the
1192 committee so decides, without recommendation, to the Governor
1193 and Cabinet for appointment to the commission. In the case of an
1194 unexpired term, the appointment must be for the remainder of the
1195 unexpired term and until a successor is appointed and qualified.
1196 If more than one seat is vacant, the committee shall submit a
1197 list of eligible applicants, without recommendation, containing
1198 a number of names equal to three times the number of vacant
1199 seats; however, the names submitted may not be distinguished by
1200 seat, and each submitted applicant shall be considered eligible
1201 for each vacancy.
1202 (4) Upon receiving a list of eligible persons from the
1203 parole qualifications committee, the Governor and Cabinet may
1204 reject the list. If the list is rejected, the committee shall
1205 reinitiate the application and examination procedure according
1206 to subsection (2).
1207 (5) Section 120.525 and chapters 119 and 286 apply to all
1208 activities and proceedings of a parole qualifications committee.
1209 Section 18. Section 947.021, Florida Statutes, is repealed.
1210 Section 19. Subsection (2) of section 947.12, Florida
1211 Statutes, is amended to read:
1212 947.12 Members, employees, expenses.—
1213 (2) The members of the examining board created in s. 947.02
1214 shall each be paid per diem and travel expenses pursuant to s.
1215 112.061 when traveling in the performance of their duties.
1216 Section 20. Paragraph (g) of subsection (1) and subsection
1217 (5) of section 957.04, Florida Statutes, are amended to read:
1218 957.04 Contract requirements.—
1219 (1) A contract entered into under this chapter for the
1220 operation of contractor-operated correctional facilities shall
1221 maximize the cost savings of such facilities and:
1222 (g) Require the contractor to be responsible for a range of
1223 dental, medical, and psychological services; diet; education;
1224 and work programs at least equal to those provided by the
1225 department in comparable facilities. The work and education
1226 programs must be designed to reduce recidivism, and include
1227 opportunities to participate in such work programs as authorized
1228 pursuant to s. 946.523. However, with respect to the dental,
1229 medical, psychological, and dietary services, the department is
1230 authorized to exclude any or all of these services from a
1231 contract for private correctional services entered into under
1232 this chapter and retain responsibility for the delivery of those
1233 services, if the department finds it to be in the best interests
1234 of the state.
1235 (5) Each contract entered into by the department must
1236 include substantial minority participation unless demonstrated
1237 by evidence, after a good faith effort, as impractical and must
1238 also include any other requirements the department considers
1239 necessary and appropriate for carrying out the purposes of this
1240 chapter.
1241 Section 21. Subsection (3) of section 957.09, Florida
1242 Statutes, is amended to read:
1243 957.09 Applicability of chapter to other provisions of
1244 law.—
1245 (3) The provisions of law governing the participation of
1246 minority business enterprises are applicable to this chapter.
1247 Section 22. Subsection (2) of section 20.32, Florida
1248 Statutes, is amended to read:
1249 20.32 Florida Commission on Offender Review.—
1250 (2) All powers, duties, and functions relating to the
1251 appointment of the Florida Commission on Offender Review as
1252 provided in s. 947.02 or s. 947.021 shall be exercised and
1253 performed by the Governor and Cabinet. Except as provided in s.
1254 947.021, Each appointment shall be made from among the first
1255 three eligible persons on the list of the persons eligible for
1256 said position.
1257 Section 23. This act shall take effect July 1, 2025.
1258
1259 ================= T I T L E A M E N D M E N T ================
1260 And the title is amended as follows:
1261 Delete everything before the enacting clause
1262 and insert:
1263 A bill to be entitled
1264 An act relating to corrections; amending s. 57.085,
1265 F.S.; revising provisions relating to deferral of
1266 prepayment of court costs and fees for indigent
1267 prisoners for actions involving challenges to prison
1268 disciplinary reports; amending s. 95.11, F.S.;
1269 providing for a 1-year period of limitation for
1270 bringing certain actions relating to the condition of
1271 confinement of prisoners; creating s. 760.701, F.S.;
1272 defining the term “prisoner”; requiring exhaustion of
1273 administrative remedies before certain actions
1274 concerning confinement of prisoners may be brought;
1275 providing for dismissal of certain actions involving
1276 prisoner confinement in certain circumstances;
1277 requiring a showing of physical injury or the
1278 commission of a certain act as a condition precedent
1279 for bringing certain actions relating to prisoner
1280 confinement; specifying a time limitation period for
1281 bringing an action concerning any condition of
1282 confinement; amending s. 775.087, F.S.; requiring a
1283 court to impose consecutive terms of imprisonment if
1284 the offender is convicted of multiple specified felony
1285 offenses; authorizing a court to impose consecutive
1286 terms of imprisonment if the offender commits certain
1287 offenses in conjunction with another felony offense;
1288 making technical changes; amending s. 934.425, F.S.;
1289 exempting certain persons working for the Department
1290 of Corrections or the Department of Juvenile Justice,
1291 and persons authorized pursuant to a court order, from
1292 provisions regulating the use of tracking devices or
1293 tracking applications; amending s. 945.41, F.S.;
1294 revising legislative intent; revising provisions
1295 relating to mental health treatment for inmates;
1296 requiring that an inmate give his or her express and
1297 informed consent to such treatment; specifying
1298 information an inmate must receive regarding
1299 treatment; authorizing the warden to authorize certain
1300 emergency medical treatment under the direction of the
1301 inmate’s attending physician under certain
1302 circumstances; amending s. 945.42, F.S.; revising and
1303 providing definitions; amending s. 945.43, F.S.;
1304 revising provisions concerning involuntary
1305 examinations; amending s. 945.44, F.S.; revising
1306 provisions concerning involuntary placement and
1307 treatment of an inmate in a mental health treatment
1308 facility; repealing s. 945.45, F.S., relating to
1309 continued placement of inmates in mental health
1310 treatment facilities; amending s. 945.46, F.S.;
1311 providing requirements for filing petitions for
1312 involuntary inpatient placement for certain inmates;
1313 authorizing the court to order alternative means and
1314 venues for certain hearings; requiring, rather than
1315 authorizing, inmates to be transported to the nearest
1316 receiving facility in certain circumstances; amending
1317 s. 945.47, F.S.; specifying purposes for which an
1318 inmate’s mental health treatment records may be
1319 provided to the Florida Commission on Offender Review
1320 and the Department of Children and Families;
1321 authorizing such records to be provided to certain
1322 facilities upon request; amending s. 945.48, F.S.;
1323 substantially revising provisions relating to
1324 emergency treatment orders and use of force and
1325 providing requirements for such orders and use of
1326 force; providing requirements for emergency and
1327 psychotropic medications and use of force; creating s.
1328 945.485, F.S.; providing legislative findings;
1329 providing requirements for management of and treatment
1330 for an inmate’s self-injurious behaviors; requiring
1331 facility wardens to consult with an inmate’s treating
1332 physician in certain circumstances and make certain
1333 determinations; providing for petitions to compel an
1334 inmate to submit to medical treatment in certain
1335 circumstances; providing construction; amending s.
1336 945.49, F.S.; deleting a requirement that the
1337 Department of Corrections adopt certain rules in
1338 cooperation with the Mental Health Program Office of
1339 the Department of Children and Families; creating s.
1340 945.6402, F.S.; providing definitions; providing
1341 legislative findings and intent; providing
1342 requirements for inmate capacity, health care advance
1343 directives, and proxies; authorizing the use of force
1344 on incapacitated inmates in certain circumstances;
1345 providing immunity from liability for certain persons
1346 in certain circumstances; amending s. 947.02, F.S.;
1347 revising the manner in which the membership of the
1348 Florida Commission on Offender Review is appointed;
1349 repealing s. 947.021, F.S., relating to expedited
1350 appointments of the Florida Commission on Offender
1351 Review; amending s. 947.12, F.S.; conforming
1352 provisions to changes made by the act; amending s.
1353 957.04, F.S.; revising requirements for contracting
1354 for certain services; amending s. 957.09, F.S.;
1355 deleting a provision relating to minority business
1356 enterprises; amending s. 20.32, F.S.; conforming
1357 provisions to changes made by the act; providing an
1358 effective date.