Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1604
Ì628088OÎ628088
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/25/2025 .
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The Committee on Criminal 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), (g), and (h) 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 (g)(h) An action to enforce a claim of a deficiency related
44 to a note secured by a mortgage against a residential property
45 that is a one-family to four-family dwelling unit. The
46 limitations period shall commence on the day after the
47 certificate is issued by the clerk of court or the day after the
48 mortgagee accepts a deed in lieu of foreclosure.
49 Section 3. Section 760.701, Florida Statutes, is created to
50 read:
51 760.701 Lawsuits by prisoners.—
52 (1) For the purposes of this section, the term “prisoner”
53 means any person incarcerated or detained in any jail, prison,
54 or other correctional facility who is accused of, convicted of,
55 sentenced for, or adjudicated delinquent for violations of
56 criminal law or the terms and conditions of parole, probation,
57 pretrial release, or a diversionary program.
58 (2) An action may not be brought by or on behalf of a
59 prisoner relating to the conditions of the prisoner’s
60 confinement under 42 U.S.C. s. 1983, or any other state or
61 federal law, until such administrative remedies as are available
62 are fully exhausted.
63 (3) The court shall on its own motion or on the motion of a
64 party dismiss any action brought relating to the conditions of
65 the prisoner’s confinement under 42 U.S.C. s. 1983, or any other
66 state or federal law, by a prisoner if the court is satisfied
67 that the action is frivolous, malicious, fails to state a claim
68 upon which relief can be granted, or seeks monetary relief from
69 a defendant who is immune from such relief. The court shall
70 review any such action pursuant to s. 57.085(6).
71 (4) An action may not be brought in state court by or on
72 behalf of a prisoner relating to the conditions of the
73 prisoner’s confinement under 42 U.S.C. s. 1983, or any state
74 tort action, for mental or emotional injury suffered while in
75 custody without a prior showing of physical injury or the
76 commission of a sexual act as defined in 18 U.S.C. s. 2246(2).
77 (5) The time for bringing an action that concerns any
78 condition of confinement of a prisoner shall be the limitations
79 period as described in s. 95.11(6)(f).
80 Section 4. Paragraph (d) of subsection (2) of section
81 775.087, Florida Statutes, is amended, paragraph (e) is added to
82 that subsection, and paragraph (a) of that subsection is
83 republished, to read:
84 775.087 Possession or use of weapon; aggravated battery;
85 felony reclassification; minimum sentence.—
86 (2)(a)1. Any person who is convicted of a felony or an
87 attempt to commit a felony, regardless of whether the use of a
88 weapon is an element of the felony, and the conviction was for:
89 a. Murder;
90 b. Sexual battery;
91 c. Robbery;
92 d. Burglary;
93 e. Arson;
94 f. Aggravated battery;
95 g. Kidnapping;
96 h. Escape;
97 i. Aircraft piracy;
98 j. Aggravated child abuse;
99 k. Aggravated abuse of an elderly person or disabled adult;
100 l. Unlawful throwing, placing, or discharging of a
101 destructive device or bomb;
102 m. Carjacking;
103 n. Home-invasion robbery;
104 o. Aggravated stalking;
105 p. Trafficking in cannabis, trafficking in cocaine, capital
106 importation of cocaine, trafficking in illegal drugs, capital
107 importation of illegal drugs, trafficking in phencyclidine,
108 capital importation of phencyclidine, trafficking in
109 methaqualone, capital importation of methaqualone, trafficking
110 in amphetamine, capital importation of amphetamine, trafficking
111 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
112 (GHB), trafficking in 1,4-Butanediol, trafficking in
113 Phenethylamines, or other violation of s. 893.135(1);
114 q. Possession of a firearm by a felon; or
115 r. Human trafficking
116
117 and during the commission of the offense, such person actually
118 possessed a “firearm” or “destructive device” as those terms are
119 defined in s. 790.001, shall be sentenced to a minimum term of
120 imprisonment of 10 years, except that a person who is convicted
121 for possession of a firearm by a felon or burglary of a
122 conveyance shall be sentenced to a minimum term of imprisonment
123 of 3 years if such person possessed a “firearm” or “destructive
124 device” during the commission of the offense. However, if an
125 offender who is convicted of the offense of possession of a
126 firearm by a felon has a previous conviction of committing or
127 attempting to commit a felony listed in s. 775.084(1)(b)1. and
128 actually possessed a firearm or destructive device during the
129 commission of the prior felony, the offender shall be sentenced
130 to a minimum term of imprisonment of 10 years.
131 2. Any person who is convicted of a felony or an attempt to
132 commit a felony listed in sub-subparagraphs 1.a.-p. or sub
133 subparagraph 1.r., regardless of whether the use of a weapon is
134 an element of the felony, and during the course of the
135 commission of the felony such person discharged a “firearm” or
136 “destructive device” as defined in s. 790.001 shall be sentenced
137 to a minimum term of imprisonment of 20 years.
138 3. Any person who is convicted of a felony or an attempt to
139 commit a felony listed in sub-subparagraphs 1.a.-p. or sub
140 subparagraph 1.r., regardless of whether the use of a weapon is
141 an element of the felony, and during the course of the
142 commission of the felony such person discharged a “firearm” or
143 “destructive device” as defined in s. 790.001 and, as the result
144 of the discharge, death or great bodily harm was inflicted upon
145 any person, the convicted person shall be sentenced to a minimum
146 term of imprisonment of not less than 25 years and not more than
147 a term of imprisonment of life in prison.
148 (d) It is the intent of the Legislature that offenders who
149 actually possess, carry, display, use, threaten to use, or
150 attempt to use firearms or destructive devices be punished to
151 the fullest extent of the law, and the minimum terms of
152 imprisonment imposed pursuant to this subsection shall be
153 imposed for each qualifying felony count for which the person is
154 convicted. The court shall impose any term of imprisonment
155 provided for in this subsection consecutively to any other term
156 of imprisonment imposed for any other felony offense.
157 (e) If a conviction enumerated in subparagraph (a)1. is
158 committed in conjunction with any other felony offense, the
159 court may impose any term of imprisonment provided for in this
160 subsection consecutively to any other term of imprisonment
161 imposed for any other felony offense.
162 Section 5. Section 922.10, Florida Statutes, is amended to
163 read:
164 922.10 Execution of death sentence; executioner.—A death
165 sentence shall be executed by electrocution, or lethal
166 injection, or a method not deemed unconstitutional nor cruel and
167 unusual in accordance with s. 922.105. The warden of the state
168 prison shall designate the executioner. The warrant authorizing
169 the execution shall be read to the convicted person immediately
170 before execution.
171 Section 6. Subsection (3) of section 922.105, Florida
172 Statutes, is amended to read:
173 922.105 Execution of death sentence; prohibition against
174 reduction of death sentence as a result of determination that a
175 method of execution is unconstitutional.—
176 (3) If electrocution or lethal injection is held to be
177 unconstitutional or cruel and unusual by the Florida Supreme
178 Court under the State Constitution, or held to be
179 unconstitutional or cruel and unusual by the United States
180 Supreme Court under the United States Constitution, or if the
181 United States Supreme Court declines to review any judgment
182 holding a method of execution to be unconstitutional or cruel
183 and unusual under the United States Constitution made by the
184 Florida Supreme Court or the United States Court of Appeals that
185 has jurisdiction over Florida, or if the acquisition of
186 chemicals necessary for lethal injection by the department
187 becomes impossible or impractical, all persons sentenced to
188 death for a capital crime shall be executed by a method not
189 deemed unconstitutional nor cruel and unusual any constitutional
190 method of execution.
191 Section 7. Present paragraphs (b) through (e) of subsection
192 (4) of section 934.425, Florida Statutes, are redesignated as
193 paragraphs (e) through (h), respectively, and new paragraphs
194 (b), (c), and (d) are added to that subsection, to read:
195 934.425 Installation or use of tracking devices or tracking
196 applications; exceptions; penalties.—
197 (4) This section does not apply to:
198 (b) A correctional officer, a correctional probation
199 officer, or any other officer or support personnel, as those
200 terms are defined in s. 943.10, of the Department of Corrections
201 who lawfully installs, places, or uses a tracking device or
202 tracking application on a person in his or her care, custody, or
203 control and in the course and scope of his or her employment.
204 (c) A juvenile probation officer, an authorized agent or
205 designee, or delinquency program staff, as those terms are
206 defined in s. 985.03, of the Department of Juvenile Justice who
207 lawfully installs, places, or uses a tracking device or tracking
208 application on a person in his or her care, custody, or control
209 and in the course and scope of his or her employment.
210 (d) A person authorized to install, place, or use a
211 tracking device or tracking application pursuant to a court
212 order.
213 Section 8. Section 945.41, Florida Statutes, is amended to
214 read:
215 945.41 Mental health treatment for inmates; legislative
216 intent of ss. 945.40-945.49.—
217 (1) INTENT.—It is the intent of the Legislature that:
218 (a) mentally ill Inmates in the custody of the department
219 who have a mental illness of Corrections receive an evaluation
220 and appropriate treatment for their mental illness through a
221 continuum of outpatient and inpatient mental health treatment
222 and services.
223 (b) The department is authorized to purchase treatment
224 materials and equipment to support inmate rehabilitation; to
225 ameliorate disabling mental symptoms associated with impairment
226 in behavioral functioning, sensory and motor skills, and impulse
227 control; and to improve adaptive coping skills consistent with
228 the department’s jurisdiction as described in s. 945.025.
229 (c) Sections 945.40-945.49 do not supplement, amend, or
230 change the responsibilities of the Department of Children and
231 Families pursuant to chapter 916, the Forensic Client Services
232 Act, which governs forensic services for persons who are
233 incompetent to proceed as defined in s. 916.106.
234 (2) INDIVIDUAL DIGNITY AND TREATMENT.—
235 (a) An inmate in the custody of the department shall be
236 offered treatment that is suited to his or her needs as
237 determined by health care staff.
238 (b) The department shall provide mental health treatment
239 and services to inmates and may contract with any entities,
240 persons, or agencies qualified to provide such treatment and
241 services.
242 (c) Inmates receiving mental health treatment and services
243 shall be offered the opportunity to participate in the
244 development of a written individualized treatment plan and be
245 provided a copy of such plan before its implementation. It is
246 further the intent of the Legislature that:
247 (d)(1) Inmates in the custody of the department who have
248 mental illnesses that require hospitalization and intensive
249 mental health psychiatric inpatient treatment and services or
250 care shall be offered receive appropriate treatment or care in
251 an inpatient setting Department of Corrections mental health
252 treatment facilities designated for that purpose. Inmates who
253 have mental illnesses that require intensive hospitalization
254 level mental health inpatient treatment and services shall be
255 transferred to a department mental health treatment facility
256 designated for that purpose The Department of Corrections shall
257 provide mental health services to inmates committed to it and
258 may contract with any entities, persons, or agencies qualified
259 to provide such services.
260 (e)(2) Mental health treatment facilities shall be secure
261 and adequately equipped and staffed for the provision of mental
262 health treatment and services. Inmates shall be offered the
263 least restrictive appropriate available treatment and services
264 based on their assessed needs and best interests and consistent
265 with improvement of their condition for facilitation of
266 appropriate adjustment within the correctional environment
267 services and that, to the extent possible, such services be
268 provided in the least restrictive manner consistent with optimum
269 improvement of the inmate’s condition.
270 (3) EXPRESS AND INFORMED CONSENT.—
271 (a) A mentally competent inmate offered mental health
272 treatment within the department shall give his or her express
273 and informed consent for such treatment. Before giving such
274 consent, the following information shall be provided and
275 explained in plain language to the inmate:
276 1. The proposed treatment.
277 2. The purpose of the treatment.
278 3. The common risks, benefits, and side effects of the
279 treatment and the specific dosage range for a medication, if
280 applicable.
281 4. Alternative treatment modalities.
282 5. The approximate length of treatment.
283 6. The potential effects of stopping treatment.
284 7. How treatment will be monitored.
285 8. That any consent given for treatment may be revoked
286 orally or in writing before or during the treatment period by
287 the inmate or by a person legally authorized to make health care
288 decisions on behalf of the inmate.
289 (b) Inmates who are determined to be incompetent to consent
290 to treatment shall receive treatment deemed to be necessary for
291 their appropriate care and for the safety of the inmate or
292 others in accordance with the procedures established in ss.
293 945.40-945.49.
294 (4)(3) PAROLE.—Inmates who are transferred to any facility
295 for the purpose of mental health treatment and services shall be
296 given consideration for parole and be eligible for release by
297 reason of gain-time allowances as provided in s. 944.291 and
298 release by expiration of sentence, consistent with guidelines
299 established for that purpose by the department.
300 (5)(4) YOUTHFUL OFFENDERS.—Any inmate sentenced as a
301 youthful offender, or designated as a youthful offender by the
302 department under chapter 958, who is transferred pursuant to
303 this act to a mental health treatment facility shall be
304 separated from other inmates, if necessary, as determined by the
305 warden of the mental health treatment facility.
306 (6)(5) TREATMENT FACILITIES.—The department may designate
307 mental health treatment facilities for adult, youthful, and
308 female offenders or may contract with other appropriate
309 entities, persons, or agencies for such services.
310 (7) EMERGENCY MEDICAL TREATMENT.—Notwithstanding any other
311 provision of this section, when the express and informed consent
312 of an inmate placed in a mental health treatment facility in
313 accordance with s. 945.44 cannot be obtained or the inmate is
314 incompetent to consent to treatment, the warden of a mental
315 health treatment facility, or his or her designated
316 representative, under the direction of the inmate’s attending
317 physician, may authorize nonpsychiatric, emergency surgical
318 treatment or other routine medical treatment if such treatment
319 is deemed lifesaving or there is a situation threatening serious
320 bodily harm to the inmate.
321 Section 9. Section 945.42, Florida Statutes, is amended to
322 read:
323 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
324 945.40-945.49, the following terms shall have the meanings
325 ascribed to them, unless the context shall clearly indicate
326 otherwise:
327 (1) “Court” means the circuit court.
328 (2) “Crisis stabilization care” means an inpatient a level
329 of care that is less restrictive and intensive intense than care
330 provided in a mental health treatment facility, that includes a
331 broad range of evaluation and treatment and services provided
332 within a secure and highly structured residential setting or
333 locked residential setting, and that is intended for inmates who
334 are experiencing acute psychological emotional distress and who
335 cannot be adequately evaluated and treated in a transitional
336 care unit or infirmary isolation management room. Such treatment
337 and services are is also more intense than treatment and
338 services provided in a transitional care unit and are is devoted
339 principally toward rapid stabilization of acute symptoms and
340 conditions.
341 (3) “Department” means the Department of Corrections.
342 (4) “Express and informed consent” means consent
343 voluntarily given in writing by a competent inmate, after
344 sufficient explanation and disclosure of the subject matter
345 involved, to enable the inmate to make a knowing and willful
346 decision without any element of force, fraud, deceit, duress, or
347 other form of constraint or coercion.
348 (5) “Gravely disabled” means a condition in which an
349 inmate, as a result of a diagnosed mental illness, is:
350 (a) In danger of serious physical harm resulting from the
351 inmate’s failure to provide for his or her essential physical
352 needs of food, clothing, hygiene, health, or safety without the
353 assistance of others; or
354 (b) Experiencing a substantial deterioration in behavioral
355 functioning evidenced by the inmate’s unremitting decline in
356 volitional control over his or her actions.
357 (6) “Incompetent to consent to treatment” means a state in
358 which an inmate’s judgment is so affected by mental illness that
359 he or she lacks the capacity to make a well-reasoned, willful,
360 and knowing decision concerning his or her medical or mental
361 health treatment and services. The term is distinguished from
362 the term “incompetent to proceed,” as defined in s. 916.106, and
363 only refers to an inmate’s inability to provide express and
364 informed consent for medical or mental health treatment and
365 services.
366 (4) “Director” means the Director for Mental Health
367 Services of the Department of Corrections or his or her
368 designee.
369 (5) “In immediate need of care and treatment” means that an
370 inmate is apparently mentally ill and is not able to be
371 appropriately cared for in the institution where he or she is
372 confined and that, but for being isolated in a more restrictive
373 and secure housing environment, because of the apparent mental
374 illness:
375 (a)1. The inmate is demonstrating a refusal to care for
376 himself or herself and without immediate treatment intervention
377 is likely to continue to refuse to care for himself or herself,
378 and such refusal poses an immediate, real, and present threat of
379 substantial harm to his or her well-being; or
380 2. There is an immediate, real, and present threat that the
381 inmate will inflict serious bodily harm on himself or herself or
382 another person, as evidenced by recent behavior involving
383 causing, attempting, or threatening such harm;
384 (b) The inmate is unable to determine for himself or
385 herself whether placement is necessary; and
386 (c) All available less restrictive treatment alternatives
387 that would offer an opportunity for improvement of the inmate’s
388 condition have been clinically determined to be inappropriate.
389 (7)(6) “In need of care and treatment” means that an inmate
390 has a mental illness for which inpatient services in a mental
391 health treatment facility are necessary and that, but for being
392 isolated in a more restrictive and secure housing environment,
393 because of the mental illness:
394 (a) But for being isolated in a more restrictive and secure
395 housing environment:
396 1. The inmate is demonstrating a refusal to care for
397 himself or herself and without treatment is likely to continue
398 to refuse to care for himself or herself, and such refusal poses
399 a real and present threat of substantial harm to his or her
400 well-being; or
401 2. There is a substantial likelihood that in the near
402 future the inmate will inflict serious bodily harm on himself or
403 herself or another person, as evidenced by recent behavior
404 causing, attempting, or threatening such harm.;
405 (b) The inmate is incompetent to consent to treatment and
406 is unable or is refusing to provide express and informed consent
407 to treatment.
408 (c)(b) The inmate is unable to determine for himself or
409 herself whether placement is necessary; and
410 (d)(c) All available less restrictive treatment
411 alternatives that would offer an opportunity for improvement of
412 the inmate’s condition have been clinically determined to be
413 inappropriate.
414 (8)(7) “Inmate” means any person committed to the custody
415 of the Department of Corrections.
416 (9) “Involuntary examination” means a psychiatric
417 examination performed at a mental health treatment facility to
418 determine whether an inmate should be placed in the mental
419 health treatment facility for inpatient mental health treatment
420 and services.
421 (10) “Likelihood of serious harm” means:
422 (a) A substantial risk that the inmate will inflict serious
423 physical harm upon his or her own person, as evidenced by
424 threats or attempts to commit suicide or the actual infliction
425 of serious physical harm on self;
426 (b) A substantial risk that the inmate will inflict
427 physical harm upon another person, as evidenced by behavior
428 which has caused such harm or which places any person in
429 reasonable fear of sustaining such harm; or
430 (c) A reasonable degree of medical certainty that the
431 inmate will suffer serious physical or mental harm as evidenced
432 by the inmate’s recent behavior demonstrating an inability to
433 refrain from engaging in self-harm behavior.
434 (11)(8) “Mental health treatment facility” means any
435 extended treatment or hospitalization-level unit within the
436 corrections system which the Assistant Secretary for Health
437 Services of the department specifically designates by rule to
438 provide acute mental health psychiatric care and which may
439 include involuntary treatment and therapeutic intervention in
440 contrast to less intensive levels of care such as outpatient
441 mental health care, transitional mental health care, or crisis
442 stabilization care. The term does not include a forensic
443 facility as defined in s. 916.106.
444 (12)(9) “Mental illness” or “mentally ill” means an
445 impairment of the mental or emotional processes that exercise
446 conscious control of one’s actions or of the ability to perceive
447 or understand reality, which impairment substantially interferes
448 with the person’s ability to meet the ordinary demands of
449 living. However, for the purposes of transferring an inmate to a
450 mental health treatment facility, the term does not include a
451 developmental disability as defined in s. 393.063, simple
452 intoxication, or conditions manifested only by antisocial
453 behavior or substance abuse addiction. However, an individual
454 who is developmentally disabled may also have a mental illness.
455 (13)(10) “Psychiatrist” means a medical practitioner
456 licensed pursuant to chapter 458 or chapter 459 who has
457 primarily diagnosed and treated nervous and mental disorders for
458 a period of not less than 3 years inclusive of psychiatric
459 residency.
460 (14)(11) “Psychological professional” means a behavioral
461 practitioner who has an approved doctoral degree in psychology
462 as defined in s. 490.003(3)(b) s. 490.003(3) and is employed by
463 the department or who is licensed as a psychologist pursuant to
464 chapter 490.
465 (15)(12) “Secretary” means the Secretary of Corrections.
466 (16)(13) “Transitional mental health care” means a level of
467 care that is more intensive than outpatient care, but less
468 intensive than crisis stabilization care, and is characterized
469 by the provision of traditional mental health treatment and
470 services treatments such as group and individual therapy,
471 activity therapy, recreational therapy, and psychotropic
472 medications in the context of a secure, structured residential
473 setting. Transitional mental health care is indicated for an
474 inmate a person with chronic or residual symptomatology who does
475 not require crisis stabilization care or acute mental health
476 psychiatric care, but whose impairment in functioning
477 nevertheless renders him or her incapable of adjusting
478 satisfactorily within the general inmate population.
479 (17) “Treatment” means psychotropic medications prescribed
480 by a medical practitioner licensed pursuant to chapter 458 or
481 chapter 459, including those laboratory tests and related
482 medical procedures that are essential for the safe and effective
483 administration of a psychotropic medication and psychological
484 interventions and services, such as group and individual
485 psychotherapy, activity therapy, recreational therapy, and music
486 therapy. The term does not include forensic services for inmate
487 defendants who are incompetent to proceed as defined in s.
488 916.106.
489 (18)(14) “Warden” means the warden of a state corrections
490 facility or his or her designee.
491 Section 10. Section 13. Section 945.43, Florida Statutes,
492 is amended to read:
493 (Substantial rewording of section. See
494 s. 945.43, F.S., for present text.)
495 945.43 Involuntary examination.—
496 (1) If there is reason to believe that an inmate has a
497 mental illness and the inmate is in need of care and treatment,
498 the inmate’s treating clinician may refer the inmate to a mental
499 health treatment facility for an involuntary examination. Upon
500 referral, the warden of the facility where the inmate is housed
501 shall transfer the inmate to a mental health treatment facility.
502 (2) Upon arrival to the mental health treatment facility,
503 the inmate shall be examined by a psychiatrist and a second
504 psychiatrist or psychological professional to determine whether
505 the inmate is in need of care and treatment.
506 (3) If, after the examination, the inmate is determined to
507 be in need of care and treatment, the psychiatrist shall propose
508 a recommended course of treatment that is essential to the care
509 of the inmate, and the warden shall initiate proceedings for
510 placement of the inmate in the mental health treatment facility
511 and for involuntary treatment of the inmate as specified in s.
512 945.44. If the inmate is not in need of care and treatment, he
513 or she shall be transferred out of the mental health treatment
514 facility and provided with appropriate mental health services.
515 (4) The involuntary examination and initiation of court
516 proceedings for the placement and applicable involuntary
517 treatment of the inmate in the mental health treatment facility
518 shall be completed within 10 calendar days after arrival.
519 (5) The inmate may remain in the mental health treatment
520 facility pending a hearing after the timely filing of a petition
521 as described in s. 945.44. Pending a hearing, necessary
522 emergency treatment may be provided in the mental health
523 treatment facility upon the written order of a physician as
524 provided in s. 945.48.
525 Section 11. Section 945.44, Florida Statutes, is amended to
526 read:
527 (Substantial rewording of section. See
528 s. 945.44, F.S., for present text.)
529 945.44 Placement and treatment of an inmate in a mental
530 health treatment facility.—
531 (1) CRITERIA FOR INVOLUNTARY PLACEMENT OR TREATMENT.—
532 (a) An inmate may be placed in a mental health treatment
533 facility if he or she is mentally ill and is in need of care and
534 treatment.
535 (b) An inmate may receive involuntary treatment for which
536 the inmate is unable or has refused to provide express and
537 informed consent, if all of the following apply:
538 1. The inmate is mentally ill;
539 2. The treatment is essential to the care of the inmate;
540 3. The treatment is not experimental and does not present
541 an unreasonable risk of serious, hazardous, or irreversible side
542 effects;
543 4. The inmate is gravely disabled or poses a likelihood of
544 serious harm; and
545 5. The inmate is incompetent to consent to treatment.
546 (2) HEARING PROCEDURES FOR PETITIONS FOR PLACEMENT AND
547 TREATMENT.—
548 (a) An inmate may be placed and involuntarily treated in a
549 mental health treatment facility after notice and hearing upon
550 the recommendation of the warden of the facility where the
551 inmate is confined. The warden of the institution where the
552 mental health treatment facility is located shall petition the
553 circuit court serving the county for an order authorizing the
554 placement and treatment of the inmate. The petition must be
555 supported by the expert opinion of at least one of the inmate’s
556 treating psychiatrists.
557 (b) The inmate shall be provided with a copy of the
558 petition along with the proposed treatment, the basis for the
559 proposed treatment, the names of the examining experts, and the
560 date, time, and location of the hearing. After considering the
561 public safety and security concerns presented by transporting
562 the inmate or in conducting onsite hearings, the court may order
563 that the hearing be conducted by electronic means or in person
564 at the facility or at another location designated by the court.
565 If the hearing is ordered by the court to be conducted at a
566 location other than the facility, the department is authorized
567 to transport the inmate to the location of the hearing.
568 (c) The inmate may have an attorney represent him or her at
569 the hearing, and, if the inmate is indigent, the court shall
570 appoint the office of the public defender or private counsel
571 pursuant to s. 27.40(1) to represent the inmate at the hearing.
572 An attorney representing the inmate shall have access to the
573 inmate and any records, including medical or mental health
574 records, which are relevant to the representation of the inmate.
575 (d) The hearing on the petition for involuntary placement
576 and treatment shall be held as expeditiously as possible after
577 the petition is filed, but no later than 14 calendar days after
578 filing. The court may appoint a general or special magistrate to
579 preside. The inmate may testify or not, as he or she chooses,
580 may cross-examine witnesses testifying on behalf of the
581 facility, and may present his or her own witnesses.
582 (e) The court may waive the presence of the inmate at the
583 hearing if the waiver is consistent with the best interests of
584 the inmate and the inmate’s counsel does not object. One of the
585 inmate’s physicians whose opinion supported the petition shall
586 appear as a witness at the hearing.
587 (3) ORDERS FOR INVOLUNTARY PLACEMENT AND TREATMENT.—
588 (a) If the court finds by clear and convincing evidence
589 that the inmate meets the criteria in paragraph (1)(a), the
590 court must order that the inmate be involuntarily placed in the
591 mental health treatment facility for a period not to exceed 6
592 months.
593 (b) If the court finds by clear and convincing evidence
594 that the inmate meets the criteria in paragraph (1)(b), the
595 court may order that the inmate be involuntarily treated for a
596 period not to exceed 6 months, concurrent with an order for
597 placement in the mental health treatment facility. In
598 determining whether to order involuntary treatment under this
599 paragraph, the court must consider the inmate’s expressed
600 preference regarding treatment; whether the inmate is able to
601 express a preference; the probability of adverse side effects;
602 the prognosis for the inmate without treatment; the prognosis
603 for the inmate with treatment; and any other factors the court
604 deems relevant.
605 (4) STATUS HEARINGS AND CONTINUING JURISDICTION.—An order
606 authorizing involuntary placement and treatment must allow such
607 placement and treatment for a period not to exceed 6 months
608 following the date of the order. Unless the court is notified in
609 writing that the inmate has been discharged from the mental
610 health treatment facility because he or she is no longer in need
611 of care and treatment, has been transferred to another
612 institution of the department, or has been released from the
613 department’s custody, the warden shall, before the expiration of
614 the initial order, file a notice with the court to set a status
615 hearing for an order authorizing the continuation of placement
616 and treatment for another period not to exceed 6 months. This
617 procedure shall be repeated until the inmate is no longer in
618 need of care and treatment. Placement and treatment may be
619 continued pending a hearing after the timely filing of any
620 petition.
621 (5) COPIES OF ORDERS.—The court shall provide a copy of its
622 order authorizing placement and treatment along with all
623 supporting documentation relating to the inmate’s condition to
624 the warden of the mental health treatment facility.
625 (6) DISMISSAL OF PETITIONS.—If the court finds that
626 criteria for placement and treatment are not satisfied, it shall
627 dismiss the petition and the inmate shall be transferred out of
628 the mental health treatment facility and provided with
629 appropriate mental health services.
630 Section 12. Section 945.45, Florida Statutes, is repealed.
631 Section 13. Present subsection (3) of section 945.46,
632 Florida Statutes, is renumbered as subsection (5) and amended,
633 and new subsection (3) and subsection (4) are added to that
634 section, to read:
635 945.46 Initiation of involuntary placement proceedings with
636 respect to a mentally ill inmate scheduled for release.—
637 (3) The warden shall file, in the court in the county where
638 the inmate is located, petitions for involuntary inpatient
639 placement for inmates scheduled to be released. Upon filing, the
640 clerk of the court shall provide copies to the Department of
641 Children and Families, the inmate, and the state attorney and
642 public defender of the judicial circuit in which the inmate is
643 located. A fee may not be charged for the filing of a petition
644 under chapter 394. Within 1 court working day after the filing
645 of a petition for involuntary inpatient placement, the court
646 shall appoint the public defender to represent the inmate who is
647 the subject of the petition, unless the inmate is otherwise
648 represented by counsel. The clerk of the court shall immediately
649 notify the public defender of such appointment. Any attorney
650 representing the inmate shall have access to the inmate,
651 witnesses, and records relevant to the presentation of the
652 patient’s case and shall represent the interests of the inmate,
653 regardless of the source of payment to the attorney. The state
654 attorney for the circuit in which the inmate is located shall
655 represent the state, rather than the petitioning warden, as the
656 real party in interest in the proceeding. The remainder of the
657 proceedings shall be governed by chapter 394.
658 (4) After considering the public safety and security
659 concerns presented by transporting a mentally ill inmate or in
660 conducting an onsite hearing, the court may order that the
661 hearing be conducted by electronic means, at the facility in
662 person, or at another location designated by the court. If the
663 hearing is ordered by the court to be conducted at a location
664 other than the facility, the department is authorized to
665 transport the inmate to the location of the hearing.
666 (5)(3) The department may transport an individual who is
667 being released from its custody to a receiving or mental health
668 treatment facility for involuntary examination or placement.
669 Such transport shall be made to a facility that is specified by
670 the Department of Children and Families as able to meet the
671 specific needs of the individual. If the Department of Children
672 and Families does not specify a facility, transport shall may be
673 made to the nearest receiving facility.
674 Section 14. Section 945.47, Florida Statutes, is amended to
675 read:
676 945.47 Discharge of inmate from mental health treatment.—
677 (1) An inmate who has been placed in a mental health
678 treatment facility transferred for the purpose of mental health
679 treatment shall be discharged from treatment by the warden under
680 the following conditions:
681 (a) If the inmate is no longer in need of care and
682 treatment, as defined in s. 945.42, he or she may be transferred
683 out of the mental health treatment facility and provided with
684 appropriate mental health services; or
685 (b) If the inmate’s sentence expires during his or her
686 treatment, but he or she is no longer in need of care and
687 treatment as an inpatient, the inmate may be released with a
688 recommendation for outpatient treatment, pursuant to the
689 provisions of ss. 945.40-945.49.
690 (2) At any time that an inmate who has received mental
691 health treatment while in the custody of the department becomes
692 eligible for release under supervision or upon end of sentence,
693 a record of the inmate’s mental health treatment may be provided
694 to the Florida Commission on Offender Review and to the
695 Department of Children and Families to arrange postrelease
696 aftercare placement and to prospective recipient inpatient
697 health care or residential facilities upon request. The record
698 shall include, at a minimum, a summary of the inmate’s
699 diagnosis, length of stay in treatment, clinical history,
700 prognosis, prescribed medication, treatment plan, and
701 recommendations for aftercare services.
702 Section 15. Section 18. Section 945.48, Florida Statutes,
703 is amended to read:
704 (Substantial rewording of section. See
705 s. 945.48, F.S., for present text.)
706 945.48 Emergency treatment orders and use of force.—
707 (1) EMERGENCY MEDICATION.—The department is authorized to
708 involuntarily administer psychotropic medication to an inmate on
709 an emergency basis without following the procedure outlined in
710 s. 945.43 only as specified in this section. An emergency
711 treatment order for psychotropic medication may be provided to
712 the inmate upon the written order of a physician licensed
713 pursuant to chapter 458 or chapter 459 in an emergency not
714 exceeding 72 hours, excluding weekends and legal holidays. An
715 emergency exists when an inmate with a mental illness presents
716 an immediate threat of:
717 (a) Bodily harm to self or others; or
718 (b) Extreme deterioration in behavioral functioning
719 secondary to the mental illness.
720 (2) PSYCHOTROPIC MEDICATION.—Psychotropic medication may be
721 administered only when the medication constitutes an appropriate
722 treatment for a mental illness and its symptoms and alternative
723 treatments are not available or indicated, or would not be
724 effective. If after the 72-hour period the inmate has not given
725 express and informed consent to the medication initially
726 refused, the inmate’s treating physician shall refer the inmate
727 to a mental health treatment facility for an involuntary
728 examination in accordance with the procedures described in s.
729 945.43. Upon such referral, the warden shall, within 48 hours,
730 excluding weekends and legal holidays, transfer the inmate to a
731 mental health treatment facility. Upon transfer of the inmate
732 for an involuntary examination, the emergency treatment order
733 may be continued upon the written order of a physician as long
734 as the physician has determined that the emergency continues to
735 present a danger to the safety of the inmate or others and the
736 criteria described in this subsection are satisfied. If
737 psychotropic medication is still recommended after the
738 emergency, it may only be administered after following the
739 procedures outlined in s. 945.44.
740 (3) USE OF FORCE.—An employee or agent of the department is
741 authorized to apply physical force upon an inmate when and to
742 the extent that it reasonably appears necessary to effectuate
743 the treatment of an inmate as described in this section, for the
744 application of psychiatric restraint, to effectuate clinically
745 necessary hygiene, or pursuant to a valid court order issued
746 under s. 945.44 or s. 945.485. The requirements of s. 944.35
747 shall be followed when using force to effectuate such treatment,
748 apply such restraint, or effectuate such hygiene.
749 Section 16. Section 945.485, Florida Statutes, is created
750 to read:
751 945.485 Management and treatment for self-injurious
752 behaviors.—
753 (1) The Legislature finds that nonsuicidal self-injurious
754 behaviors in correctional institutions, or acts intended to
755 cause bodily harm but not death, have increased in the
756 correctional environment. Self-injurious behavior may include
757 nonsuicidal self-injury or self-mutilation, such as cutting,
758 reopening wounds, and ingesting or inserting foreign objects or
759 dangerous instruments into the body. These behaviors pose a
760 significant threat to inmates, staff, and, in many cases, the
761 safe and secure operation of the correctional institution. In
762 addition, self-injurious behaviors, coupled with the inmate’s
763 repeated refusals to provide express and informed consent for
764 medical treatment and care, are a significant challenge for
765 correctional medical and mental health professionals, resulting
766 in higher costs for medical services, and may result in
767 inadvertent mortality in the incarcerated population.
768 (2) In accordance with s. 945.6042, the Legislature finds
769 that an inmate retains the fundamental right of self
770 determination regarding decisions pertaining to his or her own
771 health, including the right to choose or refuse medical
772 treatment or life-saving medical procedures. However, the
773 inmate’s right to privacy and decisionmaking regarding medical
774 treatment may be outweighed by compelling state interests.
775 (3) When an inmate is engaging in active or ongoing self
776 injurious behavior and has refused to provide express and
777 informed consent for treatment related to the self-injurious
778 behavior, the warden of the facility where the inmate is housed
779 shall consult with the inmate’s treating physician regarding the
780 inmate’s medical and mental health status, current medical and
781 mental health treatment needs, and competency to provide express
782 and informed consent for treatment. The warden shall also
783 determine whether the inmate’s self-injurious behavior presents
784 a danger to the safety of department staff or other inmates or
785 the security, internal order, or discipline of the institution.
786 (a) If the inmate’s treating physician determines that the
787 inmate has a mental illness and is incompetent to consent to
788 treatment, the physician shall proceed in accordance with s.
789 945.6042 for any necessary surgical or medical services. If the
790 inmate is in need of care and treatment as defined in s. 945.42,
791 the inmate shall be referred to a mental health treatment
792 facility for an involuntary examination in accordance with s.
793 945.44.
794 (b) If the inmate is competent, refusing necessary surgical
795 or medical treatment, and engaging in active or ongoing self
796 injurious behavior that presents a threat to the safety of
797 department staff or other inmates or the security, internal
798 order, or discipline of the institution, the warden shall follow
799 the procedure set forth in subsection (4).
800 (4)(a) The warden, or his or her designated representative,
801 shall, on behalf of the state, petition the circuit court of the
802 county in which the inmate is residing or the county in which
803 the inmate is hospitalized for an order compelling the inmate to
804 submit to emergency surgical intervention or other medical
805 services to the extent necessary to remedy the threat to the
806 safety of staff or other inmates or the security, internal
807 order, or discipline of the institution. The petition must be
808 supported by the expert opinion of at least one of the inmate’s
809 treating physicians and may be supported by other staff as
810 necessary.
811 (b) The inmate shall be provided with a copy of the
812 petition along with the proposed intervention, the basis for the
813 proposed intervention, the names of the testifying experts and
814 witnesses, and the date, time, and location of the hearing.
815 After considering the medical status of the inmate, public
816 safety, and security concerns presented by transporting the
817 inmate, the court may order that the hearing be conducted by
818 electronic means or in person at the institution or at another
819 location designated by the court. If the hearing is ordered by
820 the court to be conducted at a location other than the
821 institution, the department is authorized to transport the
822 inmate to the location of the hearing.
823 (c) The inmate may have an attorney represent him or her at
824 the hearing, and, if the inmate is indigent, the court shall
825 appoint the office of the public defender or private counsel
826 pursuant to s. 27.40(1) to represent the inmate at the hearing.
827 An attorney representing the inmate shall have access to the
828 inmate and any records, including medical or mental health
829 records, which are relevant to the representation of the inmate.
830 (d) The hearing on the petition shall be held as
831 expeditiously as possible after the petition is filed, but no
832 later than 5 calendar days after filing. The court may appoint a
833 general or special magistrate to preside. The inmate may testify
834 or not, as he or she chooses, may cross-examine witnesses
835 testifying on behalf of the institution, and may present his or
836 her own witnesses.
837 (e) The court may waive the presence of the inmate at the
838 hearing if the waiver is consistent with the best interests of
839 the inmate and the inmate’s counsel does not object.
840 (f) The court shall determine whether the warden has
841 established, by clear and convincing evidence, a compelling
842 state interest sufficient to outweigh the inmate’s right to
843 refuse treatment. The court shall consider all of the following:
844 1. Preservation of the life of the inmate.
845 2. Prevention of suicide.
846 3. Protection of innocent third parties.
847 4. Maintenance of the ethical integrity of the medical
848 profession.
849 5. Preservation of the security, internal order, or
850 discipline of the institution.
851 6. Rehabilitation of the inmate.
852 7. Any other compelling state interest.
853 (g) If the court determines that there are compelling state
854 interests sufficient to override the inmate’s right to refuse
855 treatment, the court shall enter an order authorizing emergency
856 surgical intervention or other medical services, narrowly
857 tailored and in the least intrusive manner possible, only as
858 necessary to remedy the threat to the safety of third parties or
859 the security, internal order, or discipline of the institution.
860 Emergency surgical intervention or other medical services
861 authorized by the court may be carried out at the institution or
862 at a licensed hospital, as applicable.
863 (5) This section does not repeal by implication any
864 provision of s. 766.103, the Florida Medical Consent Law, or s.
865 768.13, the Good Samaritan Act. For all purposes, the Florida
866 Medical Consent Law and the Good Samaritan Act shall be
867 considered alternatives to this section.
868 Section 17. Subsection (2) of section 945.49, Florida
869 Statutes, is amended to read:
870 945.49 Operation and administration.—
871 (2) RULES.—The department, in cooperation with the Mental
872 Health Program Office of the Department of Children and
873 Families, shall adopt rules necessary for administration of ss.
874 945.40-945.49 in accordance with chapter 120.
875 Section 18. Section 945.6402, Florida Statutes, is created
876 to read:
877 945.6402 Inmate health care advance directives.—
878 (1) DEFINITIONS.—The terms used in this section have the
879 same meanings as in s. 765.101 unless otherwise specified in
880 this section. For purposes of this section, the term:
881 (a) “Health care facility” has the same meaning as in s.
882 765.101 and includes any correctional institution or facility
883 where health care is provided.
884 (b) “Incapacity” or “incompetent” means an inmate is
885 physically or mentally unable to communicate a willful and
886 knowing health care decision.
887 (c) “Informed consent” means consent voluntarily given by
888 an inmate after a sufficient explanation and disclosure of the
889 subject matter involved to enable the inmate to have a general
890 understanding of the treatment or procedure and the medically
891 acceptable alternatives, including the substantial risks and
892 hazards inherent in the proposed treatment or procedures, and to
893 make a knowing health care decision without coercion or undue
894 influence.
895 (d) “Inmate” means any person committed to the custody of
896 the department.
897 (e) “Ombudsman” means an individual designated and
898 specifically trained by the department to identify conditions
899 that may pose a threat to the rights, health, safety, and
900 welfare of inmates in a health care facility and who may be
901 appointed to serve as a proxy for an inmate who is physically or
902 mentally unable to communicate a willful and knowing health care
903 decision.
904 (f) “Proxy” means a competent adult who has not been
905 expressly designated to make health care decisions for a
906 particular incapacitated inmate, but who, nevertheless, is
907 authorized pursuant to s. 765.401 and as specified in this
908 section to make health care decisions for such inmate.
909 (g) “Proxy review team” means a team of at least five
910 members, appointed by the Assistant Secretary for Health
911 Services. The team shall be composed of, at a minimum, one
912 physician licensed pursuant to chapter 458 or chapter 459, one
913 psychologist licensed pursuant to chapter 490, one nurse
914 licensed pursuant to chapter 464, and one department chaplain.
915 (2) LEGISLATIVE FINDINGS AND INTENT.-
916 (a) In accordance with chapter 765, the Legislature finds
917 that an inmate retains the fundamental right of self
918 determination regarding decisions pertaining to his or her own
919 health, including the right to choose or refuse medical
920 treatment. In accordance with chapter 765, this right is subject
921 to certain institutional interests, including the protection of
922 human life, the preservation of ethical standards in the medical
923 profession, and, for inmates committed to the custody of the
924 department, the security and good order of the institutional
925 setting.
926 (b) To ensure that such right is not lost or diminished by
927 virtue of later physical or mental incapacity, the Legislature
928 intends that the procedures specified in chapter 765, and as
929 modified in this section for the institutional health care
930 setting, apply to incarcerated inmates. These procedures should
931 be less expensive and less restrictive than guardianship and
932 allow an inmate to plan for incapacity by executing a document
933 or orally designating another person to direct the course of his
934 or her health care or receive his or her health information, or
935 both, upon his or her incapacity. These procedures permit a
936 previously incapacitated inmate to exercise his or her full
937 right to make health care decisions as soon as the capacity to
938 make such decisions has been regained.
939 (c) In order to ensure that the rights and intentions of an
940 inmate are respected when the inmate is not able to participate
941 actively in decisions concerning himself or herself, and to
942 encourage communication among such inmate, his or her family,
943 and his or her treating physicians, the Legislature declares
944 that the laws of this state recognize the right of a competent
945 incarcerated adult to make an advance directive instructing his
946 or her physicians to provide, withhold, or withdraw life
947 prolonging procedures or to designate another person to make the
948 health care decision for him or her in the event that such
949 incarcerated person should become incapacitated and unable to
950 personally direct his or her health care. It is further the
951 intent of the Legislature that the department provide the
952 opportunity for inmates to make advance directives as specified
953 in this section.
954 (d) The Legislature further recognizes that incarcerated
955 inmates may not avail themselves of the opportunity to make an
956 advance directive or, because of incarceration, may not have a
957 surrogate, as defined in s. 765.101, willing, able, or
958 reasonably available to make health care decisions on their
959 behalf. Additionally, because of incarceration, the individuals
960 designated in s. 765.401 who are eligible to serve as an
961 appointed proxy may not be reasonably available, willing, or
962 competent to make health care decisions for the inmate in the
963 event of incapacity. Thus, it is the intent of the Legislature
964 that the department have an efficient process that is less
965 expensive and less restrictive than guardianship for the
966 appointment of a proxy to allow for the expedient delivery of
967 necessary health care to an incarcerated inmate.
968 (e) This section does not supersede the process for inmate
969 involuntary mental health treatment in ss. 945.40-945.49.
970 (3) CAPACITY OF INMATE; PROCEDURE.—
971 (a) An inmate is presumed to be capable of making health
972 care decisions for himself or herself unless he or she is
973 determined to be incapacitated. When an inmate has
974 decisionmaking capacity, the inmate’s wishes are controlling.
975 Each physician or health care provider must clearly communicate
976 the treatment plan and any change to the treatment plan before
977 implementation of the plan or any change to the plan. Incapacity
978 may not be inferred from an inmate’s involuntary hospitalization
979 for mental illness or from his or her intellectual disability.
980 (b) If an inmate’s capacity to make health care decisions
981 for himself or herself or provide informed consent is in
982 question, the inmate’s treating physician at the health care
983 facility where the inmate is located shall evaluate the inmate’s
984 capacity and, if the evaluating physician concludes that the
985 inmate lacks capacity, enter that evaluation in the inmate’s
986 medical record. If the evaluating physician has a question as to
987 whether the inmate lacks capacity, another physician shall also
988 evaluate the inmate’s capacity, and if the second physician
989 finds that the inmate lacks the capacity to make health care
990 decisions for himself or herself or provide informed consent,
991 both physicians’ evaluations shall be entered in the inmate’s
992 medical record.
993 (c) If the inmate is found to be incapacitated and has
994 designated a health care surrogate in accordance with chapter
995 765, the institution’s or facility’s health care staff shall
996 notify the surrogate and proceed as specified in chapter 765. If
997 the incapacitated inmate has not designated a health care
998 surrogate, the health care facility shall appoint a proxy to
999 make health care decisions for the inmate as specified in this
1000 section.
1001 (d) A determination made pursuant to this section that an
1002 inmate lacks the capacity to make health care decisions for
1003 himself or herself may not be construed as a finding that an
1004 inmate lacks capacity for any other purpose.
1005 (4) HEALTH CARE ADVANCE DIRECTIVE; PROCEDURE.—
1006 (a) In accordance with chapter 765, the department shall
1007 offer inmates the opportunity to execute an advance directive as
1008 defined in s. 765.101.
1009 (b) The department shall provide to each inmate written
1010 information concerning advance directives and necessary forms to
1011 allow inmates to execute an advance directive. The department
1012 and its health care providers shall document in the inmate’s
1013 medical records whether the inmate has executed an advance
1014 directive. Neither the department nor its health care providers
1015 may require an inmate to execute an advance directive using the
1016 department’s forms. The inmate’s advance directive shall travel
1017 with the inmate within the department as part of the inmate’s
1018 medical record.
1019 (c) An advance directive may be amended or revoked at any
1020 time by a competent inmate by means of:
1021 1. A signed, dated writing of intent to amend or revoke;
1022 2. The physical cancellation or destruction of the advance
1023 directive by the inmate or by another person in the inmate’s
1024 presence and at the inmate’s direction;
1025 3. An oral expression of intent to amend or revoke; or
1026 4. A subsequently executed advance directive that is
1027 materially different from a previously executed advance
1028 directive.
1029 (5) PROXY.—
1030 (a) If an incapacitated inmate has not executed an advance
1031 directive, or designated a health care surrogate in accordance
1032 with the procedures specified in chapter 765 or the designated
1033 health care surrogate is no longer available to make health care
1034 decisions, health care decisions may be made for the inmate by
1035 any of the individuals specified in the priority order provided
1036 in s. 765.401(1)(a)-(g) as proxy. Documentation of the efforts
1037 to locate a proxy from the classes specified in s.
1038 765.401(1)(a)-(g) shall be recorded in the inmate’s medical
1039 file.
1040 (b) If there are no individuals as specified in s.
1041 765.401(1)(a)-(g) available, willing, or competent to act on
1042 behalf of the inmate, and the inmate is housed in a correctional
1043 institution or facility where health care is provided in a
1044 nonhospital setting, the warden of the institution where the
1045 inmate is housed, or the warden’s designee, shall consult with
1046 the Assistant Secretary for Health Services or his or her
1047 designee, who shall appoint a department ombudsman to serve as
1048 the proxy. This appointment terminates when the inmate regains
1049 capacity or is no longer incarcerated in the custody of the
1050 department. In accordance with chapter 765 and as provided in
1051 this section, decisions to withhold or withdraw life-prolonging
1052 procedures will be reviewed by the department’s proxy review
1053 team for compliance with chapter 765 and the requirements of
1054 this section.
1055 (c) The ombudsman appointed to serve as the proxy is
1056 authorized to request the assistance of the treating physician
1057 and, upon request, a second physician not involved in the
1058 inmate’s care to assist the proxy in evaluating the inmate’s
1059 treatment.
1060 (d) In accordance with chapter 765, any health care
1061 decision made by any appointed proxy under this section must be
1062 based on the proxy’s informed consent and on the decision that
1063 the proxy reasonably believes the inmate would have made under
1064 the circumstances. If there is no indication of what decision
1065 the inmate would have made, the proxy may consider the inmate’s
1066 best interest in deciding that proposed treatments are to be
1067 withheld or that treatments currently in effect are to be
1068 withdrawn.
1069 (e) Before exercising the incapacitated inmate’s rights to
1070 select or decline health care, the proxy must comply with ss.
1071 765.205 and 765.305, except that any proxy’s decision to
1072 withhold or withdraw life-prolonging procedures must be
1073 supported by clear and convincing evidence that the decision
1074 would have been the one the inmate would have made had he or she
1075 been competent or, if there is no indication of what decision
1076 the inmate would have made, that the decision is in the inmate’s
1077 best interest.
1078 (f) Notwithstanding s. 456.057 and pursuant to s. 945.10
1079 and 45 C.F.R. part 164, subpart E, relevant protected health
1080 information and mental health and medical records of an
1081 incapacitated inmate may be disclosed to a proxy appointed to
1082 make health care decisions for an inmate.
1083 (6) USE OF FORCE.—In addition to s. 944.35(1), an employee
1084 of the department may apply reasonable physical force upon an
1085 incapacitated inmate to administer medical treatment only by or
1086 under the clinical supervision of a physician or his or her
1087 designee and only to carry out a health care decision made in
1088 accordance with this section and chapter 765.
1089 (7) IMMUNITY FROM LIABILITY.—A department health care
1090 provider, ombudsman, or other employee who acts under the
1091 direction of a health care provider as authorized in this
1092 section or chapter 765 is not subject to criminal prosecution or
1093 civil liability and may not be deemed to have engaged in
1094 unprofessional conduct as a result of carrying out a health care
1095 decision made in accordance with this section or chapter 765 on
1096 an inmate’s behalf.
1097 Section 19. Section 947.02, Florida Statutes, is amended to
1098 read:
1099 947.02 Florida Commission on Offender Review; members,
1100 appointment.—
1101 (1) Except as provided in s. 947.021, The members of the
1102 Florida commission on Offender Review shall be directly
1103 appointed by the Governor and Cabinet from a list of eligible
1104 applicants submitted by a parole qualifications committee. The
1105 appointments of members of the commission shall be certified to
1106 the Senate by the Governor and Cabinet for confirmation, and the
1107 membership of the commission shall include representation from
1108 minority persons as defined in s. 288.703.
1109 (2) If the Legislature decreases the membership of the
1110 commission, all commission member terms of office shall expire
1111 and new members of the commission must be appointed in
1112 accordance with subsection (1). Members appointed to the
1113 commission may be selected from incumbents A parole
1114 qualifications committee shall consist of five persons who are
1115 appointed by the Governor and Cabinet. One member shall be
1116 designated as chair by the Governor and Cabinet. The committee
1117 shall provide for statewide advertisement and the receiving of
1118 applications for any position or positions on the commission and
1119 shall devise a plan for the determination of the qualifications
1120 of the applicants by investigations and comprehensive
1121 evaluations, including, but not limited to, investigation and
1122 evaluation of the character, habits, and philosophy of each
1123 applicant. Each parole qualifications committee shall exist for
1124 2 years. If additional vacancies on the commission occur during
1125 this 2-year period, the committee may advertise and accept
1126 additional applications; however, all previously submitted
1127 applications shall be considered along with the new applications
1128 according to the previously established plan for the evaluation
1129 of the qualifications of applicants.
1130 (3) Within 90 days before an anticipated vacancy by
1131 expiration of term pursuant to s. 947.03 or upon any other
1132 vacancy, the Governor and Cabinet shall appoint a parole
1133 qualifications committee if one has not been appointed during
1134 the previous 2 years. The committee shall consider applications
1135 for the commission seat, including the application of an
1136 incumbent commissioner if he or she applies, according to
1137 subsection (2). The committee shall submit a list of three
1138 eligible applicants, which may include the incumbent if the
1139 committee so decides, without recommendation, to the Governor
1140 and Cabinet for appointment to the commission. In the case of an
1141 unexpired term, the appointment must be for the remainder of the
1142 unexpired term and until a successor is appointed and qualified.
1143 If more than one seat is vacant, the committee shall submit a
1144 list of eligible applicants, without recommendation, containing
1145 a number of names equal to three times the number of vacant
1146 seats; however, the names submitted may not be distinguished by
1147 seat, and each submitted applicant shall be considered eligible
1148 for each vacancy.
1149 (4) Upon receiving a list of eligible persons from the
1150 parole qualifications committee, the Governor and Cabinet may
1151 reject the list. If the list is rejected, the committee shall
1152 reinitiate the application and examination procedure according
1153 to subsection (2).
1154 (5) Section 120.525 and chapters 119 and 286 apply to all
1155 activities and proceedings of a parole qualifications committee.
1156 Section 20. Section 947.021, Florida Statutes, is repealed.
1157 Section 21. Subsection (2) of section 947.12, Florida
1158 Statutes, is amended to read:
1159 947.12 Members, employees, expenses.—
1160 (2) The members of the examining board created in s. 947.02
1161 shall each be paid per diem and travel expenses pursuant to s.
1162 112.061 when traveling in the performance of their duties.
1163 Section 22. Paragraph (g) of subsection (1) and subsection
1164 (5) of section 957.04, Florida Statutes, are amended to read:
1165 957.04 Contract requirements.—
1166 (1) A contract entered into under this chapter for the
1167 operation of contractor-operated correctional facilities shall
1168 maximize the cost savings of such facilities and:
1169 (g) Require the contractor to be responsible for a range of
1170 dental, medical, and psychological services; diet; education;
1171 and work programs at least equal to those provided by the
1172 department in comparable facilities. The work and education
1173 programs must be designed to reduce recidivism, and include
1174 opportunities to participate in such work programs as authorized
1175 pursuant to s. 946.523. However, with respect to the dental,
1176 medical, psychological, and dietary services, the department is
1177 authorized to exclude any or all of these services from a
1178 contract for private correctional services entered into under
1179 this chapter and retain responsibility for the delivery of those
1180 services, if the department finds it to be in the best interests
1181 of the state.
1182 (5) Each contract entered into by the department must
1183 include substantial minority participation unless demonstrated
1184 by evidence, after a good faith effort, as impractical and must
1185 also include any other requirements the department considers
1186 necessary and appropriate for carrying out the purposes of this
1187 chapter.
1188 Section 23. Subsection (3) of section 957.09, Florida
1189 Statutes, is amended to read:
1190 957.09 Applicability of chapter to other provisions of
1191 law.—
1192 (3) The provisions of law governing the participation of
1193 minority business enterprises are applicable to this chapter.
1194 Section 24. Subsection (2) of section 20.32, Florida
1195 Statutes, is amended to read:
1196 20.32 Florida Commission on Offender Review.—
1197 (2) All powers, duties, and functions relating to the
1198 appointment of the Florida Commission on Offender Review as
1199 provided in s. 947.02 or s. 947.021 shall be exercised and
1200 performed by the Governor and Cabinet. Except as provided in s.
1201 947.021, Each appointment shall be made from among the first
1202 three eligible persons on the list of the persons eligible for
1203 said position.
1204 Section 25. This act shall take effect July 1, 2025.
1205
1206 ================= T I T L E A M E N D M E N T ================
1207 And the title is amended as follows:
1208 Delete everything before the enacting clause
1209 and insert:
1210 A bill to be entitled
1211 An act relating to corrections; amending s. 57.085,
1212 F.S.; revising provisions relating to deferral of
1213 prepayment of court costs and fees for indigent
1214 prisoners for actions involving challenges to prison
1215 disciplinary reports; amending s. 95.11, F.S.;
1216 providing for a 1-year period of limitation for
1217 bringing certain actions relating to the condition of
1218 confinement of prisoners; creating s. 760.701, F.S.;
1219 defining the term “prisoner”; requiring exhaustion of
1220 administrative remedies before certain actions
1221 concerning confinement of prisoners may be brought;
1222 providing for dismissal of certain actions involving
1223 prisoner confinement in certain circumstances;
1224 requiring a showing of physical injury or the
1225 commission of a certain act as a condition precedent
1226 for bringing certain actions relating to prisoner
1227 confinement; specifying a time limitation period for
1228 bringing an action concerning any condition of
1229 confinement; amending s. 775.087, F.S.; providing that
1230 prison terms for certain offenses committed in
1231 conjunction with another felony offense may be
1232 sentenced to be served consecutively; amending ss.
1233 922.10 and 922.105, F.S.; revising provisions
1234 concerning methods of execution of death sentences;
1235 amending s. 934.425, F.S.; exempting persons working
1236 for the Department of Corrections or the Department of
1237 Juvenile Justice, or persons authorized pursuant to a
1238 court order, from provisions regulating the use of
1239 tracking devices or tracking applications; amending s.
1240 945.41, F.S.; revising legislative intent; revising
1241 provisions relating to mental health treatment for
1242 inmates; providing that an inmate must give his or her
1243 express and informed consent to such treatment;
1244 specifying information an inmate must receive
1245 regarding treatment; authorizing the warden to
1246 authorize certain emergency medical treatment under
1247 the direction of the inmate’s attending physician
1248 under certain circumstances; amending s. 945.42, F.S.;
1249 revising and providing definitions; amending s.
1250 945.43, F.S.; revising provisions concerning
1251 involuntary examinations; amending s. 945.44, F.S.;
1252 revising provisions concerning involuntary placement
1253 and treatment of an inmate in a mental health
1254 treatment facility; repealing s. 945.45 F.S., relating
1255 to continued placement of inmates in mental health
1256 treatment facilities; amending s. 945.46, F.S.;
1257 providing requirements for filing petitions for
1258 involuntary inpatient placement for certain inmates;
1259 authorizing the court to order alternative means and
1260 venues for certain hearings; requiring, rather than
1261 authorizing, inmates to be transported to the nearest
1262 receiving facility in certain circumstances; amending
1263 s. 945.47, F.S.; specifying purposes for which an
1264 inmate’s mental health treatment records may be
1265 provided to the Florida Commission on Offender Review
1266 and the Department of Children and Families;
1267 authorizing such records to be provided to certain
1268 facilities upon request; amending s. 945.48, F.S.;
1269 substantially rewording provisions relating to
1270 emergency treatment orders and use of force and
1271 providing requirements therefore; providing
1272 requirements for emergency and psychotropic
1273 medications and use of force; creating s. 945.485,
1274 F.S.; providing legislative findings; providing
1275 requirements for management and treatment for an
1276 inmate’s self-injurious behaviors; requiring facility
1277 wardens to consult with an inmate’s treating physician
1278 in certain circumstances and make certain
1279 determinations; providing for petitions to compel an
1280 inmate to submit to medical treatment in certain
1281 circumstances; providing construction; amending s.
1282 945.49, F.S.; deleting a requirement that the
1283 Department of Corrections adopt certain rules in
1284 cooperation with the Mental Health Program Office of
1285 the Department of Children and Families; creating s.
1286 945.6402, F.S.; providing definitions; providing
1287 legislative findings and intent; providing
1288 requirements for inmate capacity, health care advance
1289 directives, and proxies; authorizing the use of force
1290 on incapacitated inmates in certain circumstances;
1291 providing immunity from liability for certain persons
1292 in certain circumstances; amending s. 947.02, F.S.;
1293 revising the manner in which the membership of the
1294 Florida Commission on Offender Review is appointed;
1295 repealing s. 947.021, F.S., relating to expedited
1296 appointments of the Florida Commission on Offender
1297 Review; amending s. 947.12, F.S.; conforming
1298 provisions to changes made by the act; amending s.
1299 957.04, F.S.; revising requirements for contracting
1300 for certain services; amending s. 957.09, F.S.;
1301 deleting a provision relating to minority business
1302 enterprises; amending s. 20.32, F.S.; conforming
1303 provisions to changes made by the act; providing an
1304 effective date.