Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1678
       
       
       
       
       
       
                                Ì967794`Î967794                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Children, Families, and Elder Affairs (Book)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (31) through (38) and (39)
    6  through (48) of section 394.455, Florida Statutes, are
    7  redesignated as subsections (32) through (39) and (41) through
    8  (50), respectively, subsections (22) and (28) of that section
    9  are amended, and new subsections (31) and (40) are added to that
   10  section, to read:
   11         394.455 Definitions.—As used in this part, the term:
   12         (22) “Involuntary examination” means an examination
   13  performed under s. 394.463, s. 397.6772, s. 397.679, s.
   14  397.6798, or s. 397.6957 s. 397.6811 to determine whether a
   15  person qualifies for involuntary services.
   16         (28) “Mental illness” means an impairment of the mental or
   17  emotional processes that exercise conscious control of one’s
   18  actions or of the ability to perceive or understand reality,
   19  which impairment substantially interferes with the person’s
   20  ability to meet the ordinary demands of living. For the purposes
   21  of this part, the term does not include a developmental
   22  disability as defined in chapter 393, intoxication, or
   23  conditions manifested only by antisocial behavior, dementia,
   24  traumatic brain injury, or substance abuse.
   25         (31)“Neglect or refuse to care for himself or herself”
   26  includes, but is not limited to, evidence that a person:
   27         (a)Is unable to satisfy basic needs for nourishment,
   28  clothing, medical care, shelter, or safety in a manner that
   29  creates a substantial probability of imminent death, serious
   30  physical debilitation, or disease; or
   31         (b)Is substantially unable to make an informed treatment
   32  choice and needs care or treatment to prevent deterioration.
   33         (40)“Real and present threat of substantial harm”
   34  includes, but is not limited to, evidence of a substantial
   35  probability that the untreated person will:
   36         (a)Lack, refuse, or not receive services for health and
   37  safety that are actually available in the community; or
   38         (b)Suffer severe mental, emotional, or physical harm that
   39  will result in the loss of his or her ability to function in the
   40  community or the loss of cognitive or volitional control over
   41  thoughts or actions.
   42         Section 2. Subsection (13) is added to section 394.459,
   43  Florida Statutes, to read:
   44         394.459 Rights of patients.—
   45         (13)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a
   46  respondent with a serious mental illness must be informed of the
   47  essential elements of recovery and provided assistance with
   48  accessing a continuum of care regimen. The department may adopt
   49  rules specifying the services that may be provided to such
   50  respondents.
   51         Section 3. Subsection (1) of section 394.4598, Florida
   52  Statutes, is amended to read:
   53         394.4598 Guardian advocate.—
   54         (1) The administrator may petition the court for the
   55  appointment of a guardian advocate based upon the opinion of a
   56  psychiatrist that the patient is incompetent to consent to
   57  treatment. If the court finds that a patient is incompetent to
   58  consent to treatment and has not been adjudicated incapacitated
   59  and a guardian with the authority to consent to mental health
   60  treatment appointed, it shall appoint a guardian advocate. The
   61  patient has the right to have an attorney represent him or her
   62  at the hearing. If the person is indigent, the court shall
   63  appoint the office of the public defender to represent him or
   64  her at the hearing. The patient has the right to testify, cross
   65  examine witnesses, and present witnesses. The proceeding shall
   66  be recorded either electronically or stenographically, and
   67  testimony shall be provided under oath. One of the professionals
   68  authorized to give an opinion in support of a petition for
   69  involuntary placement, as described in s. 394.4655 or s.
   70  394.467, must testify. A guardian advocate must meet the
   71  qualifications of a guardian contained in part IV of chapter
   72  744, except that a professional referred to in this part, an
   73  employee of the facility providing direct services to the
   74  patient under this part, a departmental employee, a facility
   75  administrator, or member of the Florida local advocacy council
   76  may shall not be appointed. A person who is appointed as a
   77  guardian advocate must agree to the appointment.
   78         Section 4. Paragraph (d) of subsection (2) of section
   79  394.4599, Florida Statutes, is amended to read:
   80         394.4599 Notice.—
   81         (2) INVOLUNTARY ADMISSION.—
   82         (d) The written notice of the filing of the petition for
   83  involuntary services for an individual being held must contain
   84  the following:
   85         1. Notice that the petition for:
   86         a. Involuntary inpatient treatment pursuant to s. 394.467
   87  has been filed with the circuit court in the county in which the
   88  individual is hospitalized and the address of such court; or
   89         b. Involuntary outpatient services pursuant to s. 394.4655
   90  has been filed with the criminal county court, as defined in s.
   91  394.4655(1), or the circuit court, as applicable, in the county
   92  in which the individual is hospitalized and the address of such
   93  court.
   94         2. Notice that the office of the public defender has been
   95  appointed to represent the individual in the proceeding, if the
   96  individual is not otherwise represented by counsel.
   97         3. The date, time, and place of the hearing and the name of
   98  each examining expert and every other person expected to testify
   99  in support of continued detention.
  100         4. Notice that the individual, the individual’s guardian,
  101  guardian advocate, health care surrogate or proxy, or
  102  representative, or the administrator may apply for a change of
  103  venue for the convenience of the parties or witnesses or because
  104  of the condition of the individual.
  105         5. Notice that the individual is entitled to an independent
  106  expert examination and, if the individual cannot afford such an
  107  examination, that the court will provide for one.
  108         Section 5. Subsection (2) of section 394.461, Florida
  109  Statutes, is amended to read:
  110         394.461 Designation of receiving and treatment facilities
  111  and receiving systems.—The department is authorized to designate
  112  and monitor receiving facilities, treatment facilities, and
  113  receiving systems and may suspend or withdraw such designation
  114  for failure to comply with this part and rules adopted under
  115  this part. Unless designated by the department, facilities are
  116  not permitted to hold or treat involuntary patients under this
  117  part.
  118         (2) TREATMENT FACILITY.—The department may designate any
  119  state-owned, state-operated, or state-supported facility as a
  120  state treatment facility. A civil patient must shall not be
  121  admitted to a state treatment facility without previously
  122  undergoing a transfer evaluation. Before the close of the
  123  state’s case in chief in a court hearing for involuntary
  124  placement in a state treatment facility, the state may establish
  125  that the transfer evaluation was performed and the document
  126  properly executed by providing the court with a copy of the
  127  transfer evaluation. The court may not shall receive and
  128  consider the substantive information documented in the transfer
  129  evaluation unless the evaluator testifies at the hearing. Any
  130  other facility, including a private facility or a federal
  131  facility, may be designated as a treatment facility by the
  132  department, provided that such designation is agreed to by the
  133  appropriate governing body or authority of the facility.
  134         Section 6. Subsection (3) of section 394.4615, Florida
  135  Statutes, is amended to read:
  136         394.4615 Clinical records; confidentiality.—
  137         (3) Information from the clinical record may be released in
  138  the following circumstances:
  139         (a) When a patient has communicated to a service provider a
  140  specific threat to cause serious bodily injury or death to an
  141  identified or a readily available person, if the service
  142  provider reasonably believes, or should reasonably believe
  143  according to the standards of his or her profession, that the
  144  patient has the apparent intent and ability to imminently or
  145  immediately carry out such threat. When such communication has
  146  been made, the administrator may authorize the release of
  147  sufficient information to provide adequate warning to the person
  148  threatened with harm by the patient.
  149         (b) When the administrator of the facility or secretary of
  150  the department deems release to a qualified researcher as
  151  defined in administrative rule, an aftercare treatment provider,
  152  or an employee or agent of the department is necessary for
  153  treatment of the patient, maintenance of adequate records,
  154  compilation of treatment data, aftercare planning, or evaluation
  155  of programs.
  156  
  157  For the purpose of determining whether a person meets the
  158  criteria for involuntary outpatient placement or for preparing
  159  the proposed treatment plan pursuant to s. 394.4655, the
  160  clinical record may be released to the state attorney, the
  161  public defender or the patient’s private legal counsel, the
  162  court, and to the appropriate mental health professionals,
  163  including the service provider identified in s.
  164  394.4655(7)(b)2., in accordance with state and federal law.
  165         Section 7. Section 394.462, Florida Statutes, is amended to
  166  read:
  167         394.462 Transportation.—A transportation plan shall be
  168  developed and implemented by each county in collaboration with
  169  the managing entity in accordance with this section. A county
  170  may enter into a memorandum of understanding with the governing
  171  boards of nearby counties to establish a shared transportation
  172  plan. When multiple counties enter into a memorandum of
  173  understanding for this purpose, the counties shall notify the
  174  managing entity and provide it with a copy of the agreement. The
  175  transportation plan shall describe methods of transport to a
  176  facility within the designated receiving system for individuals
  177  subject to involuntary examination under s. 394.463 or
  178  involuntary admission under s. 397.6772, s. 397.679, s.
  179  397.6798, or s. 397.6957 s. 397.6811, and may identify
  180  responsibility for other transportation to a participating
  181  facility when necessary and agreed to by the facility. The plan
  182  may rely on emergency medical transport services or private
  183  transport companies, as appropriate. The plan shall comply with
  184  the transportation provisions of this section and ss. 397.6772,
  185  397.6795, 397.6822, and 397.697.
  186         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  187         (a) Each county shall designate a single law enforcement
  188  agency within the county, or portions thereof, to take a person
  189  into custody upon the entry of an ex parte order or the
  190  execution of a certificate for involuntary examination by an
  191  authorized professional and to transport that person to the
  192  appropriate facility within the designated receiving system
  193  pursuant to a transportation plan.
  194         (b)1. The designated law enforcement agency may decline to
  195  transport the person to a receiving facility only if:
  196         a. The jurisdiction designated by the county has contracted
  197  on an annual basis with an emergency medical transport service
  198  or private transport company for transportation of persons to
  199  receiving facilities pursuant to this section at the sole cost
  200  of the county; and
  201         b. The law enforcement agency and the emergency medical
  202  transport service or private transport company agree that the
  203  continued presence of law enforcement personnel is not necessary
  204  for the safety of the person or others.
  205         2. The entity providing transportation may seek
  206  reimbursement for transportation expenses. The party responsible
  207  for payment for such transportation is the person receiving the
  208  transportation. The county shall seek reimbursement from the
  209  following sources in the following order:
  210         a. From a private or public third-party payor, if the
  211  person receiving the transportation has applicable coverage.
  212         b. From the person receiving the transportation.
  213         c. From a financial settlement for medical care, treatment,
  214  hospitalization, or transportation payable or accruing to the
  215  injured party.
  216         (c) A company that transports a patient pursuant to this
  217  subsection is considered an independent contractor and is solely
  218  liable for the safe and dignified transport of the patient. Such
  219  company must be insured and provide no less than $100,000 in
  220  liability insurance with respect to the transport of patients.
  221         (d) Any company that contracts with a governing board of a
  222  county to transport patients shall comply with the applicable
  223  rules of the department to ensure the safety and dignity of
  224  patients.
  225         (e) When a law enforcement officer takes custody of a
  226  person pursuant to this part, the officer may request assistance
  227  from emergency medical personnel if such assistance is needed
  228  for the safety of the officer or the person in custody.
  229         (f) When a member of a mental health overlay program or a
  230  mobile crisis response service is a professional authorized to
  231  initiate an involuntary examination pursuant to s. 394.463 or s.
  232  397.675 and that professional evaluates a person and determines
  233  that transportation to a receiving facility is needed, the
  234  service, at its discretion, may transport the person to the
  235  facility or may call on the law enforcement agency or other
  236  transportation arrangement best suited to the needs of the
  237  patient.
  238         (g) When any law enforcement officer has custody of a
  239  person based on either noncriminal or minor criminal behavior
  240  that meets the statutory guidelines for involuntary examination
  241  pursuant to s. 394.463, the law enforcement officer shall
  242  transport the person to the appropriate facility within the
  243  designated receiving system pursuant to a transportation plan.
  244  Persons who meet the statutory guidelines for involuntary
  245  admission pursuant to s. 397.675 may also be transported by law
  246  enforcement officers to the extent resources are available and
  247  as otherwise provided by law. Such persons shall be transported
  248  to an appropriate facility within the designated receiving
  249  system pursuant to a transportation plan.
  250         (h) When any law enforcement officer has arrested a person
  251  for a felony and it appears that the person meets the statutory
  252  guidelines for involuntary examination or placement under this
  253  part, such person must first be processed in the same manner as
  254  any other criminal suspect. The law enforcement agency shall
  255  thereafter immediately notify the appropriate facility within
  256  the designated receiving system pursuant to a transportation
  257  plan. The receiving facility shall be responsible for promptly
  258  arranging for the examination and treatment of the person. A
  259  receiving facility is not required to admit a person charged
  260  with a crime for whom the facility determines and documents that
  261  it is unable to provide adequate security, but shall provide
  262  examination and treatment to the person where he or she is held.
  263         (i) If the appropriate law enforcement officer believes
  264  that a person has an emergency medical condition as defined in
  265  s. 395.002, the person may be first transported to a hospital
  266  for emergency medical treatment, regardless of whether the
  267  hospital is a designated receiving facility.
  268         (j) The costs of transportation, evaluation,
  269  hospitalization, and treatment incurred under this subsection by
  270  persons who have been arrested for violations of any state law
  271  or county or municipal ordinance may be recovered as provided in
  272  s. 901.35.
  273         (k) The appropriate facility within the designated
  274  receiving system pursuant to a transportation plan must accept
  275  persons brought by law enforcement officers, or an emergency
  276  medical transport service or a private transport company
  277  authorized by the county, for involuntary examination pursuant
  278  to s. 394.463.
  279         (l) The appropriate facility within the designated
  280  receiving system pursuant to a transportation plan must provide
  281  persons brought by law enforcement officers, or an emergency
  282  medical transport service or a private transport company
  283  authorized by the county, pursuant to s. 397.675, a basic
  284  screening or triage sufficient to refer the person to the
  285  appropriate services.
  286         (m) Each law enforcement agency designated pursuant to
  287  paragraph (a) shall establish a policy that reflects a single
  288  set of protocols for the safe and secure transportation and
  289  transfer of custody of the person. Each law enforcement agency
  290  shall provide a copy of the protocols to the managing entity.
  291         (n) When a jurisdiction has entered into a contract with an
  292  emergency medical transport service or a private transport
  293  company for transportation of persons to facilities within the
  294  designated receiving system, such service or company shall be
  295  given preference for transportation of persons from nursing
  296  homes, assisted living facilities, adult day care centers, or
  297  adult family-care homes, unless the behavior of the person being
  298  transported is such that transportation by a law enforcement
  299  officer is necessary.
  300         (o) This section may not be construed to limit emergency
  301  examination and treatment of incapacitated persons provided in
  302  accordance with s. 401.445.
  303         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  304         (a) If neither the patient nor any person legally obligated
  305  or responsible for the patient is able to pay for the expense of
  306  transporting a voluntary or involuntary patient to a treatment
  307  facility, the transportation plan established by the governing
  308  board of the county or counties must specify how the
  309  hospitalized patient will be transported to, from, and between
  310  facilities in a safe and dignified manner.
  311         (b) A company that transports a patient pursuant to this
  312  subsection is considered an independent contractor and is solely
  313  liable for the safe and dignified transportation of the patient.
  314  Such company must be insured and provide no less than $100,000
  315  in liability insurance with respect to the transport of
  316  patients.
  317         (c) A company that contracts with one or more counties to
  318  transport patients in accordance with this section shall comply
  319  with the applicable rules of the department to ensure the safety
  320  and dignity of patients.
  321         (d) County or municipal law enforcement and correctional
  322  personnel and equipment may not be used to transport patients
  323  adjudicated incapacitated or found by the court to meet the
  324  criteria for involuntary placement pursuant to s. 394.467,
  325  except in small rural counties where there are no cost-efficient
  326  alternatives.
  327         (3) TRANSFER OF CUSTODY.—Custody of a person who is
  328  transported pursuant to this part, along with related
  329  documentation, shall be relinquished to a responsible individual
  330  at the appropriate receiving or treatment facility.
  331         Section 8. Subsection (1) of section 394.4625, Florida
  332  Statutes, is amended to read:
  333         394.4625 Voluntary admissions.—
  334         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
  335  PATIENTS.—
  336         (a) In order to be admitted to a facility on a voluntary
  337  basis, a person must show evidence of a mental illness and be
  338  suitable for treatment by the facility.
  339         1.If the person is an adult, he or she must be competent
  340  to provide his or her express and informed consent in writing to
  341  the facility.
  342         2.A minor may only be admitted to a facility on the basis
  343  of the express and informed consent of the minor’s parent or
  344  legal guardian in conjunction with the minor’s assent.
  345         a.The minor’s assent is an affirmative agreement by the
  346  minor to remain at the facility for examination and treatment.
  347  The minor’s failure to object is not assent for purposes of this
  348  subparagraph.
  349         b.The minor’s assent must be verified through a clinical
  350  assessment that is documented in the minor’s clinical record and
  351  conducted within 12 hours after arrival at the facility by a
  352  licensed professional authorized to initiate an involuntary
  353  examination under s. 394.463.
  354         c.In verifying the minor’s assent, the examining
  355  professional must first provide the minor with an explanation as
  356  to why the minor will be examined and treated, what the minor
  357  can expect while in the facility, and when the minor may expect
  358  to be released, using language that is appropriate to the
  359  minor’s age, experience, maturity, and condition. The examining
  360  professional must determine and document that the minor is able
  361  to understand this information.
  362         d.The facility must advise the minor of his or her right
  363  to request and have access to legal counsel.
  364         e.The facility administrator must file with the court a
  365  notice of a minor’s voluntary placement within 1 court working
  366  day after the minor’s admission to the facility.
  367         f.The court shall appoint a public defender who may review
  368  the voluntariness of the minor’s admission to the facility and
  369  further verify his or her assent. The public defender may
  370  interview and represent the minor and shall have access to all
  371  relevant witnesses and records. If the public defender does not
  372  review the voluntariness of the admission, the clinical
  373  assessment of the minor’s assent shall serve as verification of
  374  assent.
  375         g.Unless the minor’s assent is verified pursuant to this
  376  subparagraph, a petition for involuntary placement must be filed
  377  with the court or the minor must be released to his or her
  378  parent or legal guardian within 24 hours after arriving at the
  379  facility A facility may receive for observation, diagnosis, or
  380  treatment any person 18 years of age or older making application
  381  by express and informed consent for admission or any person age
  382  17 or under for whom such application is made by his or her
  383  guardian. If found to show evidence of mental illness, to be
  384  competent to provide express and informed consent, and to be
  385  suitable for treatment, such person 18 years of age or older may
  386  be admitted to the facility. A person age 17 or under may be
  387  admitted only after a hearing to verify the voluntariness of the
  388  consent.
  389         (b) A mental health overlay program or a mobile crisis
  390  response service or a licensed professional who is authorized to
  391  initiate an involuntary examination pursuant to s. 394.463 and
  392  is employed by a community mental health center or clinic must,
  393  pursuant to district procedure approved by the respective
  394  district administrator, conduct an initial assessment of the
  395  ability of the following persons to give express and informed
  396  consent to treatment before such persons may be admitted
  397  voluntarily:
  398         1. A person 60 years of age or older for whom transfer is
  399  being sought from a nursing home, assisted living facility,
  400  adult day care center, or adult family-care home, when such
  401  person has been diagnosed as suffering from dementia.
  402         2. A person 60 years of age or older for whom transfer is
  403  being sought from a nursing home pursuant to s. 400.0255(12).
  404         3. A person for whom all decisions concerning medical
  405  treatment are currently being lawfully made by the health care
  406  surrogate or proxy designated under chapter 765.
  407         (c) When an initial assessment of the ability of a person
  408  to give express and informed consent to treatment is required
  409  under this section, and a mobile crisis response service does
  410  not respond to the request for an assessment within 2 hours
  411  after the request is made or informs the requesting facility
  412  that it will not be able to respond within 2 hours after the
  413  request is made, the requesting facility may arrange for
  414  assessment by any licensed professional authorized to initiate
  415  an involuntary examination pursuant to s. 394.463 who is not
  416  employed by or under contract with, and does not have a
  417  financial interest in, either the facility initiating the
  418  transfer or the receiving facility to which the transfer may be
  419  made.
  420         (d) A facility may not admit as a voluntary patient a
  421  person who has been adjudicated incapacitated, unless the
  422  condition of incapacity has been judicially removed. If a
  423  facility admits as a voluntary patient a person who is later
  424  determined to have been adjudicated incapacitated, and the
  425  condition of incapacity had not been removed by the time of the
  426  admission, the facility must either discharge the patient or
  427  transfer the patient to involuntary status.
  428         (e) The health care surrogate or proxy of a voluntary
  429  patient may not consent to the provision of mental health
  430  treatment for the patient. A voluntary patient who is unwilling
  431  or unable to provide express and informed consent to mental
  432  health treatment must either be discharged or transferred to
  433  involuntary status.
  434         (f) Within 24 hours after admission of a voluntary patient,
  435  the admitting physician shall document in the patient’s clinical
  436  record that the patient is able to give express and informed
  437  consent for admission. If the patient is not able to give
  438  express and informed consent for admission, the facility shall
  439  either discharge the patient or transfer the patient to
  440  involuntary status pursuant to subsection (5).
  441         Section 9. Subsection (1) and paragraphs (a), (g), and (h)
  442  of subsection (2) of section 394.463, Florida Statutes, are
  443  amended, and subsection (5) is added to that section, to read:
  444         394.463 Involuntary examination.—
  445         (1) CRITERIA.—A person may be taken to a receiving facility
  446  for involuntary examination if there is reason to believe that
  447  the person has a mental illness and because of his or her mental
  448  illness:
  449         (a)1. The person has refused voluntary examination after
  450  conscientious explanation and disclosure of the purpose of the
  451  examination; or
  452         2. The person is unable to determine for himself or herself
  453  whether examination is necessary; and
  454         (b)1. Without care or treatment, the person is likely to
  455  suffer from neglect or refuse to care for himself or herself;
  456  such neglect or refusal poses a real and present threat of
  457  substantial harm to his or her well-being; and it is not
  458  apparent that such harm may be avoided through the help of
  459  willing, able, and responsible family members or friends or the
  460  provision of other services; or
  461         2. There is a substantial likelihood that in the near
  462  future and without care or treatment, the person will inflict
  463  serious cause serious bodily harm to self himself or herself or
  464  others in the near future, as evidenced by acts, omissions, or
  465  recent behavior causing, attempting, or threatening such harm,
  466  which includes, but is not limited to, significant property
  467  damage.
  468         (2) INVOLUNTARY EXAMINATION.—
  469         (a) An involuntary examination may be initiated by any one
  470  of the following means:
  471         1. A circuit or county court may enter an ex parte order
  472  stating that a person appears to meet the criteria for
  473  involuntary examination and specifying the findings on which
  474  that conclusion is based. The ex parte order for involuntary
  475  examination must be based on written or oral sworn testimony
  476  that includes specific facts that support the findings. If other
  477  less restrictive means are not available, such as voluntary
  478  appearance for outpatient evaluation, a law enforcement officer,
  479  or other designated agent of the court, shall take the person
  480  into custody and deliver him or her to an appropriate, or the
  481  nearest, facility within the designated receiving system
  482  pursuant to s. 394.462 for involuntary examination. The order of
  483  the court shall be made a part of the patient’s clinical record.
  484  A fee may not be charged for the filing of an order under this
  485  subsection. A facility accepting the patient based on this order
  486  must send a copy of the order to the department within 5 working
  487  days. The order may be submitted electronically through existing
  488  data systems, if available. The order shall be valid only until
  489  the person is delivered to the facility or for the period
  490  specified in the order itself, whichever comes first. If no time
  491  limit is specified in the order, the order shall be valid for 7
  492  days after the date that the order was signed.
  493         2. A law enforcement officer may shall take a person who
  494  appears to meet the criteria for involuntary examination into
  495  custody and deliver the person or have him or her delivered to
  496  an appropriate, or the nearest, facility within the designated
  497  receiving system pursuant to s. 394.462 for examination. The
  498  officer shall execute a written report detailing the
  499  circumstances under which the person was taken into custody,
  500  which must be made a part of the patient’s clinical record. Any
  501  facility accepting the patient based on this report must send a
  502  copy of the report to the department within 5 working days.
  503         3. A physician, clinical psychologist, psychiatric nurse,
  504  mental health counselor, marriage and family therapist, or
  505  clinical social worker may execute a certificate stating that he
  506  or she has examined a person within the preceding 48 hours and
  507  finds that the person appears to meet the criteria for
  508  involuntary examination and stating the observations upon which
  509  that conclusion is based. If other less restrictive means, such
  510  as voluntary appearance for outpatient evaluation, are not
  511  available, a law enforcement officer shall take into custody the
  512  person named in the certificate and deliver him or her to the
  513  appropriate, or nearest, facility within the designated
  514  receiving system pursuant to s. 394.462 for involuntary
  515  examination. The law enforcement officer shall execute a written
  516  report detailing the circumstances under which the person was
  517  taken into custody. The report and certificate shall be made a
  518  part of the patient’s clinical record. Any facility accepting
  519  the patient based on this certificate must send a copy of the
  520  certificate to the department within 5 working days. The
  521  document may be submitted electronically through existing data
  522  systems, if applicable.
  523  
  524  When sending the order, report, or certificate to the
  525  department, a facility shall, at a minimum, provide information
  526  about which action was taken regarding the patient under
  527  paragraph (g), which information shall also be made a part of
  528  the patient’s clinical record.
  529         (g) The examination period must be for up to 72 hours. For
  530  a minor, the examination shall be initiated within 12 hours
  531  after the patient’s arrival at the facility. The facility must
  532  inform the department of any person who has been examined or
  533  committed three or more times under this chapter within a 12
  534  month period. Within the examination period or, if the
  535  examination period ends on a weekend or holiday, no later than
  536  the next working day thereafter, one of the following actions
  537  must be taken, based on the individual needs of the patient:
  538         1. The patient shall be released, unless he or she is
  539  charged with a crime, in which case the patient shall be
  540  returned to the custody of a law enforcement officer;
  541         2. The patient shall be released, subject to subparagraph
  542  1., for voluntary outpatient treatment;
  543         3. The patient, unless he or she is charged with a crime,
  544  shall be asked to give express and informed consent to placement
  545  as a voluntary patient and, if such consent is given, the
  546  patient shall be admitted as a voluntary patient; or
  547         4. A petition for involuntary services shall be filed in
  548  the circuit court if inpatient treatment is deemed necessary or
  549  with a the criminal county court, as described in s. 394.4655
  550  defined in s. 394.4655(1), as applicable. When inpatient
  551  treatment is deemed necessary, the least restrictive treatment
  552  consistent with the optimum improvement of the patient’s
  553  condition shall be made available. The petition When a petition
  554  is to be filed for involuntary outpatient placement, it shall be
  555  filed by one of the petitioners specified in s. 394.4655(4)(a).
  556  A petition for involuntary inpatient placement shall be filed by
  557  the facility administrator.
  558         (h) A person for whom an involuntary examination has been
  559  initiated who is being evaluated or treated at a hospital for an
  560  emergency medical condition specified in s. 395.002 must be
  561  examined by a facility within the examination period specified
  562  in paragraph (g). The examination period begins when the patient
  563  arrives at the hospital and ceases when the attending physician
  564  documents that the patient has an emergency medical condition.
  565  If the patient is examined at a hospital providing emergency
  566  medical services by a professional qualified to perform an
  567  involuntary examination and is found as a result of that
  568  examination not to meet the criteria for involuntary outpatient
  569  services pursuant to s. 394.4655 s. 394.4655(2) or involuntary
  570  inpatient placement pursuant to s. 394.467(1), the patient may
  571  be offered voluntary services or placement, if appropriate, or
  572  released directly from the hospital providing emergency medical
  573  services. The finding by the professional that the patient has
  574  been examined and does not meet the criteria for involuntary
  575  inpatient services or involuntary outpatient placement must be
  576  entered into the patient’s clinical record. This paragraph is
  577  not intended to prevent a hospital providing emergency medical
  578  services from appropriately transferring a patient to another
  579  hospital before stabilization if the requirements of s.
  580  395.1041(3)(c) have been met.
  581         (5)UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND
  582  TREATMENT; PENALTIES.—
  583         (a)Knowingly furnishing false information for the purpose
  584  of obtaining emergency or other involuntary admission for any
  585  person is a misdemeanor of the first degree, punishable as
  586  provided in s. 775.082 and by a fine not exceeding $5,000.
  587         (b)Causing or otherwise securing, conspiring with or
  588  assisting another to cause or secure, without reason for
  589  believing a person to be impaired, any emergency or other
  590  involuntary procedure for the person is a misdemeanor of the
  591  first degree, punishable as provided in s. 775.082 and by a fine
  592  not exceeding $5,000.
  593         (c)Causing, or conspiring with or assisting another to
  594  cause, the denial to any person of any right accorded pursuant
  595  to this chapter is a misdemeanor of the first degree, punishable
  596  as provided in s. 775.082 by a fine not exceeding $5,000.
  597         Section 10. Section 394.4655, Florida Statutes, is amended
  598  to read:
  599         (Substantial rewording of section. See
  600         s. 394.4655, F.S., for present text.)
  601         394.4655Involuntary outpatient services.—
  602         (1)(a)The court may order a respondent into outpatient
  603  treatment for up to 6 months if, during a hearing under s.
  604  394.467, it is established that the respondent meets involuntary
  605  placement criteria and:
  606         1.Has been jailed or incarcerated, has been involuntarily
  607  admitted to a receiving or treatment facility as defined in s.
  608  394.455, or has received mental health services in a forensic or
  609  correctional facility at least twice during the last 36 months;
  610         2.The outpatient treatment is provided in the county in
  611  which the respondent resides or, if being placed from a state
  612  treatment facility, will reside; and
  613         3.The respondent’s treating physician certifies, within a
  614  reasonable degree of medical probability, that the respondent:
  615         a.Can be appropriately treated on an outpatient basis; and
  616         b.Can follow a prescribed treatment plan.
  617         (b)For the duration of his or her treatment, the
  618  respondent must be supported by a social worker or case manager
  619  of the outpatient provider, or a willing, able, and responsible
  620  individual appointed by the court who must inform the court,
  621  state attorney, and public defender of any failure by the
  622  respondent to comply with his or her outpatient program.
  623         (2)The court shall retain jurisdiction over the case and
  624  parties for the entry of such further orders after a hearing, as
  625  the circumstances may require. Such jurisdiction includes, but
  626  is not limited to, ordering inpatient treatment to stabilize a
  627  respondent who decompensates during his or her up to 6-month
  628  period of court-ordered treatment and meets the commitment
  629  criteria of s. 394.467.
  630         (3)A criminal county court exercising its original
  631  jurisdiction in a misdemeanor case under s. 34.01 may order a
  632  person who meets the commitment criteria into involuntary
  633  outpatient services.
  634         Section 11. Subsections (1) and (5) and paragraphs (a),
  635  (b), and (c) of subsection (6) of section 394.467, Florida
  636  Statutes, are amended to read:
  637         394.467 Involuntary inpatient placement.—
  638         (1) CRITERIA.—A person may be ordered for involuntary
  639  inpatient placement for treatment upon a finding of the court by
  640  clear and convincing evidence that:
  641         (a) He or she has a mental illness and because of his or
  642  her mental illness:
  643         1.a. He or she has refused voluntary inpatient placement
  644  for treatment after sufficient and conscientious explanation and
  645  disclosure of the purpose of inpatient placement for treatment;
  646  or
  647         b. He or she is unable to determine for himself or herself
  648  whether inpatient placement is necessary; and
  649         2.a. He or she is incapable of surviving alone or with the
  650  help of willing, able, and responsible family or friends,
  651  including available alternative services, and, without
  652  treatment, is likely to suffer from neglect or refuse to care
  653  for himself or herself, and such neglect or refusal poses a real
  654  and present threat of substantial harm to his or her well-being;
  655  or
  656         b. There is substantial likelihood that in the near future
  657  and without services he or she will inflict serious bodily harm
  658  to on self or others, as evidenced by acts, omissions, or recent
  659  behavior causing, attempting, or threatening such harm, which
  660  includes, but is not limited to, significant property damage;
  661  and
  662         (b) All available less restrictive treatment alternatives
  663  that would offer an opportunity for improvement of his or her
  664  condition have been judged to be inappropriate.
  665         (5) CONTINUANCE OF HEARING.—The patient and the state are
  666  independently entitled is entitled, with the concurrence of the
  667  patient’s counsel, to at least one continuance of the hearing.
  668  The patient’s continuance may be for a period of for up to 4
  669  weeks and requires the concurrence of his or her counsel. The
  670  state’s continuance may be for a period of up to 5 court working
  671  days and requires a showing of good cause and due diligence by
  672  the state before requesting the continuance. The state’s failure
  673  to timely review any readily available document or failure to
  674  attempt to contact a known witness does not warrant a
  675  continuance.
  676         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
  677         (a)1. The court shall hold the hearing on involuntary
  678  inpatient placement within 5 court working days, unless a
  679  continuance is granted.
  680         2. Except for good cause documented in the court file, the
  681  hearing must be held in the county or the facility, as
  682  appropriate, where the patient is located, must be as convenient
  683  to the patient as is consistent with orderly procedure, and
  684  shall be conducted in physical settings not likely to be
  685  injurious to the patient’s condition. If the court finds that
  686  the patient’s attendance at the hearing is not consistent with
  687  the best interests of, or is likely to be injurious to, the
  688  patient, or the patient knowingly, intelligently, and
  689  voluntarily waives his or her right to be present, and the
  690  patient’s counsel does not object, the court may waive the
  691  presence of the patient from all or any portion of the hearing.
  692  Absent a showing of good cause, such as specific symptoms of the
  693  respondent’s condition, the court may permit all witnesses,
  694  including, but not limited to, any medical professionals or
  695  personnel who are or have been involved with the patient’s
  696  treatment, to remotely attend and testify at the hearing under
  697  oath via the most appropriate and convenient technological
  698  method of communication available to the court, including, but
  699  not limited to, teleconference. Any witness intending to
  700  remotely attend and testify at the hearing must provide the
  701  parties with all relevant documents in advance of the hearing.
  702  The state attorney for the circuit in which the patient is
  703  located shall represent the state, rather than the petitioning
  704  facility administrator, as the real party in interest in the
  705  proceeding. In order to evaluate and prepare its case before the
  706  hearing, the state attorney may access, by subpoena if
  707  necessary, the patient, witnesses, and all relevant records.
  708  Such records include, but are not limited to, any social media,
  709  school records, clinical files, and reports documenting contact
  710  the patient may have had with law enforcement officers or other
  711  state agencies. However, these records shall remain
  712  confidential, and the state attorney may not use any records
  713  obtained under this part for criminal investigation or
  714  prosecution purposes, or for any purpose other than the
  715  patient’s civil commitment under this chapter.
  716         3. The court may appoint a magistrate to preside at the
  717  hearing on the petition and any ancillary proceedings thereto,
  718  which include, but are not limited to, writs of habeas corpus
  719  issued pursuant to s. 394.459(8). One of the professionals who
  720  executed the petition for involuntary inpatient placement
  721  certificate shall be a witness. The patient and the patient’s
  722  guardian or representative shall be informed by the court of the
  723  right to an independent expert examination. If the patient
  724  cannot afford such an examination, the court shall ensure that
  725  one is provided, as otherwise provided for by law. The
  726  independent expert’s report is confidential and not
  727  discoverable, unless the expert is to be called as a witness for
  728  the patient at the hearing. The testimony in the hearing must be
  729  given under oath, and the proceedings must be recorded. The
  730  patient may refuse to testify at the hearing.
  731         (b) If the court concludes that the patient meets the
  732  criteria for involuntary inpatient placement, it may order that
  733  the patient be transferred to a treatment facility or, if the
  734  patient is at a treatment facility, that the patient be retained
  735  there or be treated at any other appropriate facility, or that
  736  the patient receive services, on an involuntary basis, for up to
  737  90 days. However, any order for involuntary mental health
  738  services in a treatment facility may be for up to 6 months. The
  739  order shall specify the nature and extent of the patient’s
  740  mental illness and, unless the patient has transferred to a
  741  voluntary status, the facility must discharge the patient at any
  742  time he or she no longer meets the criteria for involuntary
  743  inpatient treatment. The court may not order an individual with
  744  a developmental disability as defined in s. 393.063, traumatic
  745  brain injury, or dementia who lacks a co-occurring mental
  746  illness to be involuntarily placed in a state treatment
  747  facility. Such individuals must be referred to the Agency for
  748  Persons with Disabilities or the Department of Elderly Affairs
  749  for further evaluation and the provision of appropriate services
  750  for their individual needs. In addition, if it reasonably
  751  appears that the individual would be found incapacitated under
  752  chapter 744 and the individual does not already have a legal
  753  guardian, the facility must inform any known next of kin and
  754  initiate guardianship proceedings. The facility may hold the
  755  individual until the petition to appoint a guardian is heard by
  756  the court and placement is secured. The facility shall discharge
  757  a patient any time the patient no longer meets the criteria for
  758  involuntary inpatient placement, unless the patient has
  759  transferred to voluntary status.
  760         (c) If at any time before the conclusion of the involuntary
  761  placement hearing on involuntary inpatient placement it appears
  762  to the court that the person does not meet the criteria of for
  763  involuntary inpatient placement under this section, but instead
  764  meets the criteria for involuntary outpatient services, the
  765  court may order the person evaluated for involuntary outpatient
  766  services pursuant to s. 394.4655. The petition and hearing
  767  procedures set forth in s. 394.4655 shall apply. If the person
  768  instead meets the criteria for involuntary assessment,
  769  protective custody, or involuntary admission or treatment
  770  pursuant to s. 397.675, then the court may order the person to
  771  be admitted for involuntary assessment for a period of 5 days
  772  pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings
  773  are governed by chapter 397.
  774         Section 12. Subsection (3) and paragraph (e) of subsection
  775  (6) of section 394.495, Florida Statutes, are amended to read:
  776         394.495 Child and adolescent mental health system of care;
  777  programs and services.—
  778         (3) Assessments must be performed by:
  779         (a) A clinical psychologist, clinical social worker,
  780  physician, psychiatric nurse, or psychiatrist as those terms are
  781  defined in s. 394.455 professional as defined in s. 394.455(5),
  782  (7), (32), (35), or (36);
  783         (b) A professional licensed under chapter 491; or
  784         (c) A person who is under the direct supervision of a
  785  clinical psychologist, clinical social worker, physician,
  786  psychiatric nurse, or psychiatrist as those terms are defined in
  787  s. 394.455 qualified professional as defined in s. 394.455(5),
  788  (7), (32), (35), or (36) or a professional licensed under
  789  chapter 491.
  790         (6) The department shall contract for community action
  791  treatment teams throughout the state with the managing entities.
  792  A community action treatment team shall:
  793         (e)1. Subject to appropriations and at a minimum,
  794  individually serve each of the following counties or regions:
  795         a. Alachua.
  796         b. Alachua, Columbia, Dixie, Hamilton, Lafayette, and
  797  Suwannee.
  798         c. Bay.
  799         d. Brevard.
  800         e.Broward
  801         f.Charlotte.
  802         g.e. Collier.
  803         h.f. DeSoto and Sarasota.
  804         i.g. Duval.
  805         j.h. Escambia.
  806         k.i. Hardee, Highlands, and Polk.
  807         l.j. Hillsborough.
  808         m.k. Indian River, Martin, Okeechobee, and St. Lucie.
  809         n.l. Lake and Sumter.
  810         o.m. Lee.
  811         p.Leon.
  812         q.n. Manatee.
  813         r.o. Marion.
  814         s.p. Miami-Dade.
  815         t.q. Okaloosa.
  816         u.r. Orange.
  817         v.s. Palm Beach.
  818         w.t. Pasco.
  819         x.u. Pinellas.
  820         y.v. Walton.
  821         2. Subject to appropriations, the department shall contract
  822  for additional teams through the managing entities to ensure the
  823  availability of community action treatment team services in the
  824  remaining areas of the state.
  825         Section 13. Subsection (5) of section 394.496, Florida
  826  Statutes, is amended to read:
  827         394.496 Service planning.—
  828         (5) A clinical psychologist, clinical social worker,
  829  physician, psychiatric nurse, or psychiatrist as those terms are
  830  defined in s. 394.455 professional as defined in s. 394.455(5),
  831  (7), (32), (35), or (36) or a professional licensed under
  832  chapter 491 must be included among those persons developing the
  833  services plan.
  834         Section 14. Paragraph (a) of subsection (2) of section
  835  394.499, Florida Statutes, is amended to read:
  836         394.499 Integrated children’s crisis stabilization
  837  unit/juvenile addictions receiving facility services.—
  838         (2) Children eligible to receive integrated children’s
  839  crisis stabilization unit/juvenile addictions receiving facility
  840  services include:
  841         (a) A person under 18 years of age for whom voluntary
  842  application is made by his or her parent or legal guardian, if
  843  such person is found to show evidence of mental illness and to
  844  be suitable for treatment pursuant to s. 394.4625. A person
  845  under 18 years of age may be admitted for integrated facility
  846  services only after a hearing to verify that the consent to
  847  admission is voluntary is conducted pursuant to s. 394.4625.
  848         Section 15. Section 394.656, Florida Statutes, is amended
  849  to read:
  850         394.656 Criminal Justice, Mental Health, and Substance
  851  Abuse Reinvestment Grant Program.—
  852         (1) There is created within the Department of Children and
  853  Families the Criminal Justice, Mental Health, and Substance
  854  Abuse Reinvestment Grant Program. The purpose of the program is
  855  to provide funding to counties which they may use to plan,
  856  implement, or expand initiatives that increase public safety,
  857  avert increased spending on criminal justice, and improve the
  858  accessibility and effectiveness of treatment services for adults
  859  and juveniles who have a mental illness, substance use abuse
  860  disorder, or co-occurring mental health and substance use abuse
  861  disorders and who are in, or at risk of entering, the criminal
  862  or juvenile justice systems.
  863         (2) The department shall establish a Criminal Justice,
  864  Mental Health, and Substance Abuse Statewide Grant Advisory
  865  Review Committee. The committee shall include:
  866         (a) One representative of the Department of Children and
  867  Families.;
  868         (b) One representative of the Department of Corrections.;
  869         (c) One representative of the Department of Juvenile
  870  Justice.;
  871         (d) One representative of the Department of Elderly
  872  Affairs.;
  873         (e) One representative of the Office of the State Courts
  874  Administrator.;
  875         (f) One representative of the Department of Veterans’
  876  Affairs.;
  877         (g) One representative of the Florida Sheriffs
  878  Association.;
  879         (h) One representative of the Florida Police Chiefs
  880  Association.;
  881         (i) One representative of the Florida Association of
  882  Counties.;
  883         (j) One representative of the Florida Behavioral Health
  884  Alcohol and Drug Abuse Association.;
  885         (k) One representative of the Florida Association of
  886  Managing Entities.;
  887         (l)One representative of the Florida Council for Community
  888  Mental Health;
  889         (l)(m) One representative of the National Alliance of
  890  Mental Illness.;
  891         (m)(n) One representative of the Florida Prosecuting
  892  Attorneys Association.;
  893         (n)(o) One representative of the Florida Public Defender
  894  Association; and
  895         (p)One administrator of an assisted living facility that
  896  holds a limited mental health license.
  897         (3) The committee shall serve as the advisory body to
  898  review policy and funding issues that help reduce the impact of
  899  persons with mental illness and substance use abuse disorders on
  900  communities, criminal justice agencies, and the court system.
  901  The committee shall advise the department in selecting
  902  priorities for grants and investing awarded grant moneys.
  903         (4) The committee must have experience in substance use and
  904  mental health disorders, community corrections, and law
  905  enforcement. To the extent possible, the committee shall have
  906  expertise in grant review and grant application scoring.
  907         (5)(a) A county, a consortium of counties, or an a not-for
  908  profit community provider or managing entity designated by the
  909  county planning council or committee, as described in s.
  910  394.657, may apply for a 1-year planning grant or a 3-year
  911  implementation or expansion grant. The purpose of the grants is
  912  to demonstrate that investment in treatment efforts related to
  913  mental illness, substance use abuse disorders, or co-occurring
  914  mental health and substance use abuse disorders results in a
  915  reduced demand on the resources of the judicial, corrections,
  916  juvenile detention, and health and social services systems.
  917         (b) To be eligible to receive a 1-year planning grant or a
  918  3-year implementation or expansion grant:
  919         1. An A county applicant must have a planning council or
  920  committee that is in compliance with the membership requirements
  921  set forth in this section.
  922         2. A county planning council or committee may designate a
  923  not-for-profit community provider, a or managing entity as
  924  defined in s. 394.9082, the county sheriff or his or her
  925  designee, or a local law enforcement agency to apply on behalf
  926  of the county. The county planning council or committee must
  927  provide must be designated by the county planning council or
  928  committee and have written authorization to submit an
  929  application. A not-for-profit community provider or managing
  930  entity must have written authorization for each designated
  931  entity and each submitted application.
  932         (c) The department may award a 3-year implementation or
  933  expansion grant to an applicant who has not received a 1-year
  934  planning grant.
  935         (d) The department may require an applicant to conduct
  936  sequential intercept mapping for a project. For purposes of this
  937  paragraph, the term “sequential intercept mapping” means a
  938  process for reviewing a local community’s mental health,
  939  substance abuse, criminal justice, and related systems and
  940  identifying points of interceptions where interventions may be
  941  made to prevent an individual with a substance use abuse
  942  disorder or mental illness from deeper involvement in the
  943  criminal justice system.
  944         (6) The department grant review and selection committee
  945  shall select the grant recipients in collaboration with the
  946  Department of Corrections, the Department of Juvenile Justice,
  947  the Department of Elderly Affairs, the Office of the State
  948  Courts Administrator, and the Department of Veterans’ Affairs
  949  and notify the department in writing of the recipients’ names.
  950  Contingent upon the availability of funds and upon notification
  951  by the grant review and selection committee of those applicants
  952  approved to receive planning, implementation, or expansion
  953  grants, the department may transfer funds appropriated for the
  954  grant program to a selected grant recipient.
  955         Section 16. Subsection (1) of section 394.657, Florida
  956  Statutes, is amended to read:
  957         394.657 County planning councils or committees.—
  958         (1) Each board of county commissioners shall designate the
  959  county public safety coordinating council established under s.
  960  951.26, or designate another criminal or juvenile justice mental
  961  health and substance abuse council or committee, as the planning
  962  council or committee. The public safety coordinating council or
  963  other designated criminal or juvenile justice mental health and
  964  substance abuse council or committee, in coordination with the
  965  county offices of planning and budget, shall make a formal
  966  recommendation to the board of county commissioners regarding
  967  how the Criminal Justice, Mental Health, and Substance Abuse
  968  Reinvestment Grant Program may best be implemented within a
  969  community. The board of county commissioners may assign any
  970  entity to prepare the application on behalf of the county
  971  administration for submission to the Criminal Justice, Mental
  972  Health, and Substance Abuse Statewide Grant Advisory Review
  973  Committee for review. A county may join with one or more
  974  counties to form a consortium and use a regional public safety
  975  coordinating council or another county-designated regional
  976  criminal or juvenile justice mental health and substance abuse
  977  planning council or committee for the geographic area
  978  represented by the member counties.
  979         Section 17. Section 394.658, Florida Statutes, is amended
  980  to read:
  981         394.658 Criminal Justice, Mental Health, and Substance
  982  Abuse Reinvestment Grant Program requirements.—
  983         (1) The Criminal Justice, Mental Health, and Substance
  984  Abuse Statewide Grant Review Committee, in collaboration with
  985  the department of Children and Families, in collaboration with
  986  the Department of Corrections, the Department of Juvenile
  987  Justice, the Department of Elderly Affairs, the Department of
  988  Veterans’ Affairs, and the Office of the State Courts
  989  Administrator, shall establish criteria to be used to review
  990  submitted applications and to select a the county that will be
  991  awarded a 1-year planning grant or a 3-year implementation or
  992  expansion grant. A planning, implementation, or expansion grant
  993  may not be awarded unless the application of the county meets
  994  the established criteria.
  995         (a) The application criteria for a 1-year planning grant
  996  must include a requirement that the applicant county or counties
  997  have a strategic plan to initiate systemic change to identify
  998  and treat individuals who have a mental illness, substance use
  999  abuse disorder, or co-occurring mental health and substance use
 1000  abuse disorders who are in, or at risk of entering, the criminal
 1001  or juvenile justice systems. The 1-year planning grant must be
 1002  used to develop effective collaboration efforts among
 1003  participants in affected governmental agencies, including the
 1004  criminal, juvenile, and civil justice systems, mental health and
 1005  substance abuse treatment service providers, transportation
 1006  programs, and housing assistance programs. The collaboration
 1007  efforts shall be the basis for developing a problem-solving
 1008  model and strategic plan for treating individuals adults and
 1009  juveniles who are in, or at risk of entering, the criminal or
 1010  juvenile justice system and doing so at the earliest point of
 1011  contact, taking into consideration public safety. The planning
 1012  grant shall include strategies to divert individuals from
 1013  judicial commitment to community-based service programs offered
 1014  by the department of Children and Families in accordance with
 1015  ss. 916.13 and 916.17.
 1016         (b) The application criteria for a 3-year implementation or
 1017  expansion grant must shall require that the applicant
 1018  information from a county that demonstrates its completion of a
 1019  well-established collaboration plan that includes public-private
 1020  partnership models and the application of evidence-based
 1021  practices. The implementation or expansion grants may support
 1022  programs and diversion initiatives that include, but need not be
 1023  limited to:
 1024         1. Mental health courts.;
 1025         2. Diversion programs.;
 1026         3. Alternative prosecution and sentencing programs.;
 1027         4. Crisis intervention teams.;
 1028         5. Treatment accountability services.;
 1029         6. Specialized training for criminal justice, juvenile
 1030  justice, and treatment services professionals.;
 1031         7. Service delivery of collateral services such as housing,
 1032  transitional housing, and supported employment.; and
 1033         8. Reentry services to create or expand mental health and
 1034  substance abuse services and supports for affected persons.
 1035         (c) Each county application must include the following
 1036  information:
 1037         1. An analysis of the current population of the jail and
 1038  juvenile detention center in the county, which includes:
 1039         a. The screening and assessment process that the county
 1040  uses to identify an adult or juvenile who has a mental illness,
 1041  substance use abuse disorder, or co-occurring mental health and
 1042  substance use abuse disorders.;
 1043         b. The percentage of each category of individuals persons
 1044  admitted to the jail and juvenile detention center that
 1045  represents people who have a mental illness, substance use abuse
 1046  disorder, or co-occurring mental health and substance use abuse
 1047  disorders.; and
 1048         c. An analysis of observed contributing factors that affect
 1049  population trends in the county jail and juvenile detention
 1050  center.
 1051         2. A description of the strategies the applicant county
 1052  intends to use to serve one or more clearly defined subsets of
 1053  the population of the jail and juvenile detention center who
 1054  have a mental illness or to serve those at risk of arrest and
 1055  incarceration. The proposed strategies may include identifying
 1056  the population designated to receive the new interventions, a
 1057  description of the services and supervision methods to be
 1058  applied to that population, and the goals and measurable
 1059  objectives of the new interventions. An applicant The
 1060  interventions a county may use with the target population may
 1061  use include, but are not limited to, the following
 1062  interventions:
 1063         a. Specialized responses by law enforcement agencies.;
 1064         b. Centralized receiving facilities for individuals
 1065  evidencing behavioral difficulties.;
 1066         c. Postbooking alternatives to incarceration.;
 1067         d. New court programs, including pretrial services and
 1068  specialized dockets.;
 1069         e. Specialized diversion programs.;
 1070         f. Intensified transition services that are directed to the
 1071  designated populations while they are in jail or juvenile
 1072  detention to facilitate their transition to the community.;
 1073         g. Specialized probation processes.;
 1074         h. Day-reporting centers.;
 1075         i. Linkages to community-based, evidence-based treatment
 1076  programs for adults and juveniles who have mental illness or
 1077  substance use abuse disorders.; and
 1078         j. Community services and programs designed to prevent
 1079  high-risk populations from becoming involved in the criminal or
 1080  juvenile justice system.
 1081         3. The projected effect the proposed initiatives will have
 1082  on the population and the budget of the jail and juvenile
 1083  detention center. The information must include:
 1084         a. An The county’s estimate of how the initiative will
 1085  reduce the expenditures associated with the incarceration of
 1086  adults and the detention of juveniles who have a mental
 1087  illness.;
 1088         b. The methodology that will be used the county intends to
 1089  use to measure the defined outcomes and the corresponding
 1090  savings or averted costs.;
 1091         c. An The county’s estimate of how the cost savings or
 1092  averted costs will sustain or expand the mental health and
 1093  substance abuse treatment services and supports needed in the
 1094  community.; and
 1095         d. How the county’s proposed initiative will reduce the
 1096  number of individuals judicially committed to a state mental
 1097  health treatment facility.
 1098         4. The proposed strategies that the county intends to use
 1099  to preserve and enhance its community mental health and
 1100  substance abuse system, which serves as the local behavioral
 1101  health safety net for low-income and uninsured individuals.
 1102         5. The proposed strategies that the county intends to use
 1103  to continue the implemented or expanded programs and initiatives
 1104  that have resulted from the grant funding.
 1105         (2)(a) As used in this subsection, the term “available
 1106  resources” includes in-kind contributions from participating
 1107  counties.
 1108         (b) A 1-year planning grant may not be awarded unless the
 1109  applicant county makes available resources in an amount equal to
 1110  the total amount of the grant. A planning grant may not be used
 1111  to supplant funding for existing programs. For fiscally
 1112  constrained counties, the available resources may be at 50
 1113  percent of the total amount of the grant.
 1114         (c) A 3-year implementation or expansion grant may not be
 1115  awarded unless the applicant county or consortium of counties
 1116  makes available resources equal to the total amount of the
 1117  grant. For fiscally constrained counties, the available
 1118  resources may be at 50 percent of the total amount of the grant.
 1119  This match shall be used for expansion of services and may not
 1120  supplant existing funds for services. An implementation or
 1121  expansion grant must support the implementation of new services
 1122  or the expansion of services and may not be used to supplant
 1123  existing services.
 1124         (3) Using the criteria adopted by rule, the county
 1125  designated or established criminal justice, juvenile justice,
 1126  mental health, and substance abuse planning council or committee
 1127  shall prepare the county or counties’ application for the 1-year
 1128  planning or 3-year implementation or expansion grant. The county
 1129  shall submit the completed application to the department
 1130  statewide grant review committee.
 1131         Section 18. Section 394.674, Florida Statutes, is amended
 1132  to read:
 1133         394.674 Eligibility for publicly funded substance abuse and
 1134  mental health services; fee collection requirements.—
 1135         (1) To be eligible to receive substance abuse and mental
 1136  health services funded by the department, an individual must be
 1137  indigent, uninsured, or underinsured and meet at least one of
 1138  the following additional criteria a member of at least one of
 1139  the department’s priority populations approved by the
 1140  Legislature. The priority populations include:
 1141         (a) For adult mental health services, an individual must
 1142  be:
 1143         1. An adult who has a serious mental illness, as defined by
 1144  the department using criteria that, at a minimum, include
 1145  diagnosis, prognosis, functional impairment, and receipt of
 1146  disability income for a psychiatric condition.
 1147         2.An adult at risk of serious mental illness who:
 1148         a.Has a mental illness that is not considered a serious
 1149  mental illness, as defined by the department using criteria
 1150  that, at a minimum, include diagnosis and functional impairment;
 1151         b.Has a condition with a Z-code diagnosis code; or
 1152         c.Experiences a severe stressful event and has problems
 1153  coping or has symptoms that place the individual at risk of more
 1154  restrictive interventions.
 1155         3.A child or adolescent at risk of emotional disturbance
 1156  as defined in s. 394.492.
 1157         4. A child or adolescent who has an emotional disturbance
 1158  as defined in s. 394.492.
 1159         5.A child or adolescent who has a serious emotional
 1160  disturbance or mental illness as defined in s. 394.492.
 1161         6.An individual who has a primary diagnosis of mental
 1162  illness and a co-occurring substance use disorder.
 1163         7.An individual who is experiencing an acute mental or
 1164  emotional crisis as defined in s. 394.67.
 1165         Adults who have severe and persistent mental illness, as
 1166  designated by the department using criteria that include
 1167  severity of diagnosis, duration of the mental illness, ability
 1168  to independently perform activities of daily living, and receipt
 1169  of disability income for a psychiatric condition. Included
 1170  within this group are:
 1171         a.Older adults in crisis.
 1172         b.Older adults who are at risk of being placed in a more
 1173  restrictive environment because of their mental illness.
 1174         c.Persons deemed incompetent to proceed or not guilty by
 1175  reason of insanity under chapter 916.
 1176         d.Other persons involved in the criminal justice system.
 1177         e.Persons diagnosed as having co-occurring mental illness
 1178  and substance abuse disorders.
 1179         2.Persons who are experiencing an acute mental or
 1180  emotional crisis as defined in s. 394.67(17).
 1181         (b) For substance abuse services, an individual must
 1182  children’s mental health services:
 1183         1.Have a diagnosed substance use disorder.
 1184         2.Have a diagnosed substance use disorder as the primary
 1185  diagnosis and a co-occurring mental illness, emotional
 1186  disturbance, or serious emotional disturbance.
 1187         3.Be at risk for alcohol misuse, drug use, or developing a
 1188  substance use disorder.
 1189         (2)Providers receiving funds from the department for
 1190  behavioral health services must give priority to:
 1191         (a)Pregnant women and women with dependent children.
 1192         (b)Intravenous drug users.
 1193         (c)Individuals who have a substance use disorder and have
 1194  been ordered by the court to receive treatment.
 1195         (d)Parents, legal guardians, or caregivers with child
 1196  welfare involvement and parents, legal guardians, or caregivers
 1197  who put children at risk due to substance abuse.
 1198         (e)Children and adolescents under state supervision.
 1199         (f)Individuals involved in the criminal justice system,
 1200  including those deemed incompetent to proceed or not guilty by
 1201  reason of insanity under chapter 916.
 1202         1.Children who are at risk of emotional disturbance as
 1203  defined in s. 394.492(4).
 1204         2.Children who have an emotional disturbance as defined in
 1205  s. 394.492(5).
 1206         3.Children who have a serious emotional disturbance as
 1207  defined in s. 394.492(6).
 1208         4.Children diagnosed as having a co-occurring substance
 1209  abuse and emotional disturbance or serious emotional
 1210  disturbance.
 1211         (c)For substance abuse treatment services:
 1212         1.Adults who have substance abuse disorders and a history
 1213  of intravenous drug use.
 1214         2.Persons diagnosed as having co-occurring substance abuse
 1215  and mental health disorders.
 1216         3.Parents who put children at risk due to a substance
 1217  abuse disorder.
 1218         4.Persons who have a substance abuse disorder and have
 1219  been ordered by the court to receive treatment.
 1220         5.Children at risk for initiating drug use.
 1221         6.Children under state supervision.
 1222         7.Children who have a substance abuse disorder but who are
 1223  not under the supervision of a court or in the custody of a
 1224  state agency.
 1225         8.Persons identified as being part of a priority
 1226  population as a condition for receiving services funded through
 1227  the Center for Mental Health Services and Substance Abuse
 1228  Prevention and Treatment Block Grants.
 1229         (3)(2) Crisis services, as defined in s. 394.67, must,
 1230  within the limitations of available state and local matching
 1231  resources, be available to each individual person who is
 1232  eligible for services under subsection (1), regardless of the
 1233  individual’s person’s ability to pay for such services. An
 1234  individual A person who is experiencing a mental health crisis
 1235  and who does not meet the criteria for involuntary examination
 1236  under s. 394.463(1), or an individual a person who is
 1237  experiencing a substance abuse crisis and who does not meet the
 1238  involuntary admission criteria in s. 397.675, must contribute to
 1239  the cost of his or her care and treatment pursuant to the
 1240  sliding fee scale developed under subsection (5)(4), unless
 1241  charging a fee is contraindicated because of the crisis
 1242  situation.
 1243         (4)(3) Mental health services, substance abuse services,
 1244  and crisis services, as defined in s. 394.67, must, within the
 1245  limitations of available state and local matching resources, be
 1246  available to each individual person who is eligible for services
 1247  under subsection (1). Such individual person must contribute to
 1248  the cost of his or her care and treatment pursuant to the
 1249  sliding fee scale developed under subsection (5)(4).
 1250         (5)(4) The department shall adopt rules to implement client
 1251  eligibility, client enrollment, and fee collection requirements
 1252  for publicly funded substance abuse and mental health services.
 1253         (a) The rules must require each provider under contract
 1254  with the department or managing entity that which enrolls
 1255  eligible individuals persons into treatment to develop a sliding
 1256  fee scale for individuals persons who have a net family income
 1257  at or above 150 percent of the Federal Poverty Income
 1258  Guidelines, unless otherwise required by state or federal law.
 1259  The sliding fee scale must use the uniform schedule of discounts
 1260  by which a provider under contract with the department or
 1261  managing entity discounts its established client charges for
 1262  services supported with state, federal, or local funds, using,
 1263  at a minimum, factors such as family income, financial assets,
 1264  and family size as declared by the individual person or the
 1265  individual’s person’s guardian. The rules must include uniform
 1266  criteria to be used by all service providers in developing the
 1267  schedule of discounts for the sliding fee scale.
 1268         (b) The rules must address the most expensive types of
 1269  treatment, such as residential and inpatient treatment, in order
 1270  to make it possible for an individual a client to responsibly
 1271  contribute to his or her mental health or substance abuse care
 1272  without jeopardizing the family’s financial stability. An
 1273  individual A person who is not eligible for Medicaid and whose
 1274  net family income is less than 150 percent of the Federal
 1275  Poverty Income Guidelines must pay a portion of his or her
 1276  treatment costs which is comparable to the copayment amount
 1277  required by the Medicaid program for Medicaid clients under
 1278  pursuant to s. 409.9081.
 1279         (c) The rules must require that individuals persons who
 1280  receive financial assistance from the Federal Government because
 1281  of a disability and are in long-term residential treatment
 1282  settings contribute to their board and care costs and treatment
 1283  costs and must be consistent with the provisions in s. 409.212.
 1284         (6)(5)An individual A person who meets the eligibility
 1285  criteria in subsection (1) shall be served in accordance with
 1286  the appropriate district substance abuse and mental health
 1287  services plan specified in s. 394.75 and within available
 1288  resources.
 1289         Section 19. Subsections (2), (3), (4), and (5) of section
 1290  394.908, Florida Statutes, are amended to read:
 1291         394.908 Substance abuse and mental health funding equity;
 1292  distribution of appropriations.—In recognition of the historical
 1293  inequity in the funding of substance abuse and mental health
 1294  services for the department’s districts and regions and to
 1295  rectify this inequity and provide for equitable funding in the
 1296  future throughout the state, the following funding process shall
 1297  be used:
 1298         (2) “Individuals in need” means those persons who meet the
 1299  eligibility requirements under s. 394.674 fit the profile of the
 1300  respective priority populations and require mental health or
 1301  substance abuse services.
 1302         (3) Any additional funding beyond the 2005-2006 fiscal year
 1303  base appropriation for substance abuse alcohol, drug abuse, and
 1304  mental health services shall be allocated to districts for
 1305  substance abuse and mental health services based on:
 1306         (a) Epidemiological estimates of disabilities that apply to
 1307  eligible individuals the respective priority populations.
 1308         (b) A pro rata share distribution that ensures districts
 1309  below the statewide average funding level per individual in need
 1310  each priority population of “individuals in need” receive
 1311  funding necessary to achieve equity.
 1312         (4) Priority populations for Individuals in need shall be
 1313  displayed for each district and distributed concurrently with
 1314  the approved operating budget. The display by priority
 1315  population shall show: The annual number of individuals served
 1316  based on prior year actual numbers, the annual cost per
 1317  individual served, and the estimated number of the total
 1318  priority population for individuals in need.
 1319         (5) The annual cost per individual served is shall be
 1320  defined as the total actual funding for either mental health or
 1321  substance abuse services each priority population divided by the
 1322  number of individuals receiving either mental health or
 1323  substance abuse services served in the priority population for
 1324  that year.
 1325         Section 20. Subsection (6) of section 394.9085, Florida
 1326  Statutes, is amended to read:
 1327         394.9085 Behavioral provider liability.—
 1328         (6) For purposes of this section, the terms “detoxification
 1329  services,” “addictions receiving facility,” and “receiving
 1330  facility” have the same meanings as those provided in ss.
 1331  397.311(26)(a)4., 397.311(26)(a)1., and 394.455 394.455(39),
 1332  respectively.
 1333         Section 21. Subsection (3) of section 397.305, Florida
 1334  Statutes, is amended to read:
 1335         397.305 Legislative findings, intent, and purpose.—
 1336         (3) It is the purpose of this chapter to provide for a
 1337  comprehensive continuum of accessible and quality substance
 1338  abuse prevention, intervention, clinical treatment, and recovery
 1339  support services in the most appropriate and least restrictive
 1340  environment which promotes long-term recovery while protecting
 1341  and respecting the rights of individuals, primarily through
 1342  community-based private not-for-profit providers working with
 1343  local governmental programs involving a wide range of agencies
 1344  from both the public and private sectors.
 1345         Section 22. Present subsections (29) through (36) and (37)
 1346  through (50) of section 397.311, Florida Statutes, are
 1347  redesignated as subsections (30) through (37) and (39) through
 1348  (52), respectively, new subsections (29) and (38) are added to
 1349  that section, and subsections (19) and (23) are amended, to
 1350  read:
 1351         397.311 Definitions.—As used in this chapter, except part
 1352  VIII, the term:
 1353         (19) “Impaired” or “substance abuse impaired” means having
 1354  a substance use disorder or a condition involving the use of
 1355  alcoholic beverages, illicit or prescription drugs, or any
 1356  psychoactive or mood-altering substance in such a manner as to
 1357  induce mental, emotional, or physical problems or and cause
 1358  socially dysfunctional behavior.
 1359         (23) “Involuntary treatment services” means an array of
 1360  behavioral health services that may be ordered by the court for
 1361  persons with substance abuse impairment or co-occurring
 1362  substance abuse impairment and mental health disorders.
 1363         (29)“Neglect or refuse to care for himself or herself”
 1364  includes, but is not limited to, evidence that a person:
 1365         (a)Is unable to satisfy basic needs for nourishment,
 1366  clothing, medical care, shelter, or safety in a manner that
 1367  creates a substantial probability of imminent death, serious
 1368  physical debilitation, or disease; or
 1369         (b)Is substantially unable to make an informed treatment
 1370  choice and needs care or treatment to prevent deterioration.
 1371         (38)“Real and present threat of substantial harm”
 1372  includes, but is not limited to, evidence of a substantial
 1373  probability that the untreated person will:
 1374         (a)Lack, refuse, or not receive services for health and
 1375  safety that are actually available in the community; or
 1376         (b)Suffer severe mental, emotional, or physical harm that
 1377  will result in the loss of ability to function in the community
 1378  or the loss of cognitive or volitional control over thoughts or
 1379  actions.
 1380         Section 23. Subsection (16) of section 397.321, Florida
 1381  Statutes, is amended to read:
 1382         397.321 Duties of the department.—The department shall:
 1383         (16)Develop a certification process by rule for community
 1384  substance abuse prevention coalitions.
 1385         Section 24. Section 397.416, Florida Statutes, is amended
 1386  to read:
 1387         397.416 Substance abuse treatment services; qualified
 1388  professional.—Notwithstanding any other provision of law, a
 1389  person who was certified through a certification process
 1390  recognized by the former Department of Health and Rehabilitative
 1391  Services before January 1, 1995, may perform the duties of a
 1392  qualified professional with respect to substance abuse treatment
 1393  services as defined in this chapter, and need not meet the
 1394  certification requirements contained in s. 397.311(36) s.
 1395  397.311(35).
 1396         Section 25. Subsection (11) is added to section 397.501,
 1397  Florida Statutes, to read:
 1398         397.501 Rights of individuals.—Individuals receiving
 1399  substance abuse services from any service provider are
 1400  guaranteed protection of the rights specified in this section,
 1401  unless otherwise expressly provided, and service providers must
 1402  ensure the protection of such rights.
 1403         (11)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a
 1404  respondent with a serious substance abuse addiction must be
 1405  informed of the essential elements of recovery and provided
 1406  assistance with accessing a continuum of care regimen. The
 1407  department may adopt rules specifying the services that may be
 1408  provided to such respondents.
 1409         Section 26. Section 397.675, Florida Statutes, is amended
 1410  to read:
 1411         397.675 Criteria for involuntary admissions, including
 1412  protective custody, emergency admission, and other involuntary
 1413  assessment, involuntary treatment, and alternative involuntary
 1414  assessment for minors, for purposes of assessment and
 1415  stabilization, and for involuntary treatment.—A person meets the
 1416  criteria for involuntary admission if there is good faith reason
 1417  to believe that the person is substance abuse impaired, has a
 1418  substance use disorder, or has a substance use disorder and a
 1419  co-occurring mental health disorder and, because of such
 1420  impairment or disorder:
 1421         (1) Has lost the power of self-control with respect to
 1422  substance abuse, or has a history of noncompliance with
 1423  substance abuse treatment with continued substance use; and
 1424         (2)(a) Is in need of substance abuse services and, by
 1425  reason of substance abuse impairment, his or her judgment has
 1426  been so impaired that he or she is refusing voluntary care after
 1427  a sufficient and conscientious explanation and disclosure of the
 1428  purpose for such services, or is incapable of appreciating his
 1429  or her need for such services and of making a rational decision
 1430  in that regard, although mere refusal to receive such services
 1431  does not constitute evidence of lack of judgment with respect to
 1432  his or her need for such services; and or
 1433         (3)(a)(b) Without care or treatment, is likely to suffer
 1434  from neglect or refuse to care for himself or herself; that such
 1435  neglect or refusal poses a real and present threat of
 1436  substantial harm to his or her well-being; and that it is not
 1437  apparent that such harm may be avoided through the help of
 1438  willing, able, and responsible family members or friends or the
 1439  provision of other services;, or
 1440         (b) There is substantial likelihood that in the near future
 1441  and without services, the person will inflict serious harm to
 1442  self or others, as evidenced by acts, omissions, or behavior
 1443  causing, attempting, or threatening such harm, which includes,
 1444  but is not limited to, significant property damage has
 1445  inflicted, or threatened to or attempted to inflict, or, unless
 1446  admitted, is likely to inflict, physical harm on himself,
 1447  herself, or another.
 1448         Section 27. Subsection (1) of section 397.6751, Florida
 1449  Statutes, is amended to read:
 1450         397.6751 Service provider responsibilities regarding
 1451  involuntary admissions.—
 1452         (1) It is the responsibility of the service provider to:
 1453         (a) Ensure that a person who is admitted to a licensed
 1454  service component meets the admission criteria specified in s.
 1455  397.675;
 1456         (b) Ascertain whether the medical and behavioral conditions
 1457  of the person, as presented, are beyond the safe management
 1458  capabilities of the service provider;
 1459         (c) Provide for the admission of the person to the service
 1460  component that represents the most appropriate and least
 1461  restrictive available setting that is responsive to the person’s
 1462  treatment needs;
 1463         (d) Verify that the admission of the person to the service
 1464  component does not result in a census in excess of its licensed
 1465  service capacity;
 1466         (e) Determine whether the cost of services is within the
 1467  financial means of the person or those who are financially
 1468  responsible for the person’s care; and
 1469         (f) Take all necessary measures to ensure that each
 1470  individual in treatment is provided with a safe environment, and
 1471  to ensure that each individual whose medical condition or
 1472  behavioral problem becomes such that he or she cannot be safely
 1473  managed by the service component is discharged and referred to a
 1474  more appropriate setting for care.
 1475         Section 28. Section 397.681, Florida Statutes, is amended
 1476  to read:
 1477         397.681 Involuntary petitions; general provisions; court
 1478  jurisdiction and right to counsel.—
 1479         (1) JURISDICTION.—The courts have jurisdiction of
 1480  involuntary assessment and stabilization petitions and
 1481  involuntary treatment petitions for substance abuse impaired
 1482  persons, and such petitions must be filed with the clerk of the
 1483  court in the county where the person is located. The clerk of
 1484  the court may not charge a fee for the filing of a petition
 1485  under this section. The chief judge may appoint a general or
 1486  special magistrate to preside over all or part of the
 1487  proceedings. The alleged impaired person is named as the
 1488  respondent.
 1489         (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
 1490  at every stage of a proceeding relating to a petition for his or
 1491  her involuntary assessment and a petition for his or her
 1492  involuntary treatment for substance abuse impairment. A
 1493  respondent who desires counsel and is unable to afford private
 1494  counsel has the right to court-appointed counsel and to the
 1495  benefits of s. 57.081. If the court believes that the respondent
 1496  needs the assistance of counsel, the court shall appoint such
 1497  counsel for the respondent without regard to the respondent’s
 1498  wishes. If the respondent is a minor not otherwise represented
 1499  in the proceeding, the court shall immediately appoint a
 1500  guardian ad litem to act on the minor’s behalf.
 1501         (3)STATE REPRESENTATIVE.—Subject to legislative
 1502  appropriation, for all court-involved involuntary proceedings
 1503  under this chapter in which the petitioner has not retained
 1504  private counsel, the state attorney for the circuit in which the
 1505  respondent is located shall represent the state rather than the
 1506  petitioner as the real party of interest in the proceeding, but
 1507  the state attorney must be respectful of the petitioner’s
 1508  interests and concerns. In order to evaluate and prepare its
 1509  case before the hearing, the state attorney may access, by
 1510  subpoena if necessary, the respondent, the witnesses, and all
 1511  relevant records. Such records include, but are not limited to,
 1512  any social media, school records, clinical files, and reports
 1513  documenting contact the respondent may have had with law
 1514  enforcement officers or other state agencies. However, these
 1515  records shall remain confidential, and the petitioner may not
 1516  access any records obtained by the state attorney unless such
 1517  records are entered into the court file. In addition, the state
 1518  attorney may not use any records obtained under this part for
 1519  criminal investigation or prosecution purposes, or for any
 1520  purpose other than the respondent’s civil commitment under this
 1521  chapter.
 1522         Section 29. Section 397.6811, Florida Statutes, is
 1523  repealed.
 1524         Section 30. Section 397.6814, Florida Statutes, is
 1525  repealed.
 1526         Section 31. Section 397.6815, Florida Statutes, is
 1527  repealed.
 1528         Section 32. Section 397.6818, Florida Statutes, is
 1529  repealed.
 1530         Section 33. Section 397.6819, Florida Statutes, is
 1531  repealed.
 1532         Section 34. Section 397.6821, Florida Statutes, is
 1533  repealed.
 1534         Section 35. Section 397.6822, Florida Statutes, is
 1535  repealed.
 1536         Section 36. Section 397.693, Florida Statutes, is amended
 1537  to read:
 1538         397.693 Involuntary treatment.—A person may be the subject
 1539  of a petition for court-ordered involuntary treatment pursuant
 1540  to this part, if that person:
 1541         (1)Reasonably appears to meet meets the criteria for
 1542  involuntary admission provided in s. 397.675; and:
 1543         (2)(1) Has been placed under protective custody pursuant to
 1544  s. 397.677 within the previous 10 days;
 1545         (3)(2) Has been subject to an emergency admission pursuant
 1546  to s. 397.679 within the previous 10 days; or
 1547         (4)(3) Has been assessed by a qualified professional within
 1548  30 5 days;
 1549         (4)Has been subject to involuntary assessment and
 1550  stabilization pursuant to s. 397.6818 within the previous 12
 1551  days; or
 1552         (5)Has been subject to alternative involuntary admission
 1553  pursuant to s. 397.6822 within the previous 12 days.
 1554         Section 37. Section 397.695, Florida Statutes, is amended
 1555  to read:
 1556         397.695 Involuntary treatment services; persons who may
 1557  petition.—
 1558         (1) If the respondent is an adult, a petition for
 1559  involuntary treatment services may be filed by the respondent’s
 1560  spouse or legal guardian, any relative, a service provider, or
 1561  an adult who has direct personal knowledge of the respondent’s
 1562  substance abuse impairment and his or her prior course of
 1563  assessment and treatment.
 1564         (2) If the respondent is a minor, a petition for
 1565  involuntary treatment may be filed by a parent, legal guardian,
 1566  or service provider.
 1567         (3)The court or the clerk of the court may waive or
 1568  prohibit any service of process fees if a petitioner is
 1569  determined to be indigent under s. 57.082.
 1570         Section 38. Section 397.6951, Florida Statutes, is amended
 1571  to read:
 1572         397.6951 Contents of petition for involuntary treatment
 1573  services.—
 1574         (1) A petition for involuntary treatment services must
 1575  contain the name of the respondent; the name of the petitioner
 1576  or petitioners; the relationship between the respondent and the
 1577  petitioner; the name of the respondent’s attorney, if known; the
 1578  findings and recommendations of the assessment performed by the
 1579  qualified professional; and the factual allegations presented by
 1580  the petitioner establishing the need for involuntary outpatient
 1581  services for substance abuse impairment. The factual allegations
 1582  must demonstrate the reason for the petitioner’s belief that the
 1583  respondent:
 1584         (1)The reason for the petitioner’s belief that the
 1585  respondent is substance abuse impaired;
 1586         (a)(2)The reason for the petitioner’s belief that because
 1587  of such impairment the respondent Has lost the power of self
 1588  control with respect to substance abuse, or has a history of
 1589  noncompliance with substance abuse treatment with continued
 1590  substance use; and
 1591         (b)Needs substance abuse services, but his or her judgment
 1592  is so impaired by substance abuse that he or she either is
 1593  refusing voluntary care after a sufficient and conscientious
 1594  explanation and disclosure of the purpose of such services, or
 1595  is incapable of appreciating his or her need for such services
 1596  and of making a rational decision in that regard; and
 1597         (c)1.Without services, is likely to suffer from neglect or
 1598  refuse to care for himself or herself; that the neglect or
 1599  refusal poses a real and present threat of substantial harm to
 1600  his or her well-being; and that it is not apparent that the harm
 1601  may be avoided through the help of willing, able, and
 1602  responsible family members or friends or the provision of other
 1603  services; or
 1604         2.There is a substantial likelihood that in the near
 1605  future and without services, the respondent will inflict serious
 1606  harm to self or others, as evidenced by acts, omissions, or
 1607  behavior causing, attempting, or threatening such harm, which
 1608  includes, but is not limited to, significant property damage
 1609         (3)(a)The reason the petitioner believes that the
 1610  respondent has inflicted or is likely to inflict physical harm
 1611  on himself or herself or others unless the court orders the
 1612  involuntary services; or
 1613         (b)The reason the petitioner believes that the
 1614  respondent’s refusal to voluntarily receive care is based on
 1615  judgment so impaired by reason of substance abuse that the
 1616  respondent is incapable of appreciating his or her need for care
 1617  and of making a rational decision regarding that need for care.
 1618         (2)The petition may be accompanied by a certificate or
 1619  report of a qualified professional or a licensed physician who
 1620  has examined the respondent within 30 days before the petition’s
 1621  submission. This certificate or report must include the
 1622  qualified professional or physician’s findings relating to his
 1623  or her assessment of the patient and his or her treatment
 1624  recommendations. If the respondent was not assessed before the
 1625  filing of a treatment petition or refused to submit to an
 1626  evaluation, the lack of assessment or refusal must be noted in
 1627  the petition.
 1628         (3)If there is an emergency, the petition must also
 1629  describe the respondent’s exigent circumstances and include a
 1630  request for an ex parte assessment and stabilization order that
 1631  must be executed pursuant to s. 397.6955(4).
 1632         Section 39. Section 397.6955, Florida Statutes, is amended
 1633  to read:
 1634         397.6955 Duties of court upon filing of petition for
 1635  involuntary treatment services.—
 1636         (1) Upon the filing of a petition for involuntary treatment
 1637  services for a substance abuse impaired person with the clerk of
 1638  the court that does not indicate the petitioner has retained
 1639  private counsel, the clerk must notify the state attorney’s
 1640  office. In addition, the court shall immediately determine
 1641  whether the respondent is represented by an attorney or whether
 1642  the appointment of counsel for the respondent is appropriate.
 1643  If, based on the contents of the petition, the court appoints
 1644  counsel for the person, the clerk of the court shall immediately
 1645  notify the office of criminal conflict and civil regional
 1646  counsel, created pursuant to s. 27.511, of the appointment. The
 1647  office of criminal conflict and civil regional counsel shall
 1648  represent the person until the petition is dismissed, the court
 1649  order expires, or the person is discharged from involuntary
 1650  treatment services. An attorney that represents the person named
 1651  in the petition shall have access to the person, witnesses, and
 1652  records relevant to the presentation of the person’s case and
 1653  shall represent the interests of the person, regardless of the
 1654  source of payment to the attorney.
 1655         (2) The court shall schedule a hearing to be held on the
 1656  petition within 10 court working 5 days unless a continuance is
 1657  granted. The court may appoint a magistrate to preside at the
 1658  hearing.
 1659         (3) A copy of the petition and notice of the hearing must
 1660  be provided to the respondent; the respondent’s parent,
 1661  guardian, or legal custodian, in the case of a minor; the
 1662  respondent’s attorney, if known; the petitioner; the
 1663  respondent’s spouse or guardian, if applicable; and such other
 1664  persons as the court may direct. If the respondent is a minor, a
 1665  copy of the petition and notice of the hearing must be
 1666  personally delivered to the respondent. The court shall also
 1667  issue a summons to the person whose admission is sought.
 1668         (4)(a)When the petitioner asserts that emergency
 1669  circumstances exist, or when upon review of the petition the
 1670  court determines that an emergency exists, the court may rely
 1671  solely on the contents of the petition and, without the
 1672  appointment of an attorney, enter an ex parte order for the
 1673  respondent’s involuntary assessment and stabilization which must
 1674  be executed during the period that the hearing on the petition
 1675  for treatment is pending. The court may further order a law
 1676  enforcement officer or other designated agent of the court to:
 1677         1.Take the respondent into custody and deliver him or her
 1678  to the nearest appropriate licensed service provider to be
 1679  evaluated; and
 1680         2.Serve the respondent with the notice of hearing and a
 1681  copy of the petition.
 1682         (b)The service provider must promptly inform the court and
 1683  parties of the respondent’s arrival and may not hold the
 1684  respondent for longer than 72 hours of observation thereafter,
 1685  unless:
 1686         1.The service provider seeks additional time under s.
 1687  397.6957(1)(c) and the court, after a hearing, grants that
 1688  motion;
 1689         2.The respondent shows signs of withdrawal, or a need to
 1690  be either detoxified or treated for a medical condition, which
 1691  shall extend the amount of time the respondent may be held for
 1692  observation until the issue is resolved; or
 1693         3.The original or extended observation period ends on a
 1694  weekend or holiday, in which case the provider may hold the
 1695  respondent until the next court working day.
 1696         (c)If the ex parte order was not executed by the initial
 1697  hearing date, it shall be deemed void. However, should the
 1698  respondent not appear at the hearing for any reason, including
 1699  lack of service, and upon reviewing the petition, testimony, and
 1700  evidence presented, the court reasonably believes the respondent
 1701  meets this chapter’s commitment criteria and that a substance
 1702  abuse emergency exists, the court may issue or reissue an ex
 1703  parte assessment and stabilization order that is valid for 90
 1704  days. If the respondent’s location is known at the time of the
 1705  hearing, the court:
 1706         1.Shall continue the case for no more than 10 court
 1707  working days; and
 1708         2.May order a law enforcement officer or other designated
 1709  agent of the court to:
 1710         a.Take the respondent into custody and deliver him or her
 1711  to the nearest appropriate licensed service provider to be
 1712  evaluated; and
 1713         b.If a hearing date is set, serve the respondent with
 1714  notice of the rescheduled hearing and a copy of the involuntary
 1715  treatment petition if the respondent has not already been
 1716  served.
 1717  
 1718  Otherwise, the petitioner and the service provider must promptly
 1719  inform the court that the respondent has been assessed so that
 1720  the court may schedule a hearing. The service provider must
 1721  serve the respondent, before his or her discharge, with the
 1722  notice of hearing and a copy of the petition. However, if the
 1723  respondent has not been assessed after 90 days, the court must
 1724  dismiss the case.
 1725         Section 40. Section 397.6957, Florida Statutes, is amended
 1726  to read:
 1727         397.6957 Hearing on petition for involuntary treatment
 1728  services.—
 1729         (1)(a)The respondent must be present at a hearing on a
 1730  petition for involuntary treatment services unless he or she
 1731  knowingly, intelligently, and voluntarily waives his or her
 1732  right to be present or, upon receiving proof of service and
 1733  evaluating the circumstances of the case, the court finds that
 1734  his or her presence is inconsistent with his or her best
 1735  interests or is likely to be injurious to himself or herself or
 1736  others., The court shall hear and review all relevant evidence,
 1737  including testimony from individuals such as family members
 1738  familiar with the respondent’s prior history and how it relates
 1739  to his or her current condition, and the review of results of
 1740  the assessment completed by the qualified professional in
 1741  connection with this chapter. The court may also order drug
 1742  tests. Absent a showing of good cause, such as specific symptoms
 1743  of the respondent’s condition, the court may permit all
 1744  witnesses, such as any medical professionals or personnel who
 1745  are or have been involved with the respondent’s treatment, to
 1746  remotely attend and testify at the hearing under oath via the
 1747  most appropriate and convenient technological method of
 1748  communication available to the court, including, but not limited
 1749  to, teleconference. Any witness intending to remotely attend and
 1750  testify at the hearing must provide the parties with all
 1751  relevant documents in advance of the hearing the respondent’s
 1752  protective custody, emergency admission, involuntary assessment,
 1753  or alternative involuntary admission. The respondent must be
 1754  present unless the court finds that his or her presence is
 1755  likely to be injurious to himself or herself or others, in which
 1756  event the court must appoint a guardian advocate to act in
 1757  behalf of the respondent throughout the proceedings.
 1758         (b)A respondent cannot be involuntarily ordered into
 1759  treatment under this chapter without a clinical assessment being
 1760  performed unless he or she is present in court and expressly
 1761  waives the assessment. In nonemergency situations, if the
 1762  respondent was not, or had previously refused to be, assessed by
 1763  a qualified professional and, based on the petition, testimony,
 1764  and evidence presented, it reasonably appears that the
 1765  respondent qualifies for involuntary treatment services, the
 1766  court shall issue an involuntary assessment and stabilization
 1767  order to determine the appropriate level of treatment the
 1768  respondent requires. Additionally, in cases where an assessment
 1769  was attached to the petition, the respondent may request, or the
 1770  court on its own motion may order, an independent assessment by
 1771  a court-appointed physician or an otherwise agreed-upon
 1772  physician. If an assessment order is issued, it is valid for 90
 1773  days, and if the respondent is present or there is either proof
 1774  of service or his or her location is known, the involuntary
 1775  treatment hearing shall be continued for no more than 10 court
 1776  working days. Otherwise, the petitioner and the service provider
 1777  must promptly inform the court that the respondent has been
 1778  assessed so that the court may schedule a hearing. The service
 1779  provider shall then serve the respondent, before his or her
 1780  discharge, with the notice of hearing and a copy of the
 1781  petition. The assessment must occur before the new hearing date,
 1782  and if there is evidence indicating that the respondent will not
 1783  voluntarily appear at the forthcoming hearing, or is a danger to
 1784  self or others, the court may enter a preliminary order
 1785  committing the respondent to an appropriate treatment facility
 1786  for further evaluation until the date of the rescheduled
 1787  hearing. However, if after 90 days the respondent remains
 1788  unassessed, the court shall dismiss the case.
 1789         (c)1.The respondent’s assessment by a qualified
 1790  professional must occur within 72 hours after his or her arrival
 1791  at a licensed service provider unless he or she shows signs of
 1792  withdrawal or a need to be either detoxified or treated for a
 1793  medical condition, which shall extend the amount of time the
 1794  respondent may be held for observation until that issue is
 1795  resolved. If the person conducting the assessment is not a
 1796  licensed physician, the assessment must be reviewed by a
 1797  licensed physician within the 72-hour period. If the respondent
 1798  is a minor, such assessment must be initiated within the first
 1799  12 hours after the minor’s admission to the facility. The
 1800  service provider may also move to extend the 72 hours of
 1801  observation by petitioning the court in writing for additional
 1802  time. The service provider must furnish copies of such motion to
 1803  all parties in accordance with applicable confidentiality
 1804  requirements and, after a hearing, the court may grant
 1805  additional time or expedite the respondent’s involuntary
 1806  treatment hearing. The involuntary treatment hearing, however,
 1807  may only be expedited by agreement of the parties on the hearing
 1808  date, or if there is notice and proof of service as provided in
 1809  s. 397.6955 (1) and (3). If the court grants the service
 1810  provider’s petition, the service provider may hold the
 1811  respondent until its extended assessment period expires or until
 1812  the expedited hearing date. However, if the original or extended
 1813  observation period ends on a weekend or holiday, the provider
 1814  may hold the respondent until the next court working day.
 1815         2.Upon the completion of his or her report, the qualified
 1816  professional, in accordance with applicable confidentiality
 1817  requirements, shall provide copies to the court and all relevant
 1818  parties and counsel. This report must contain a recommendation
 1819  on the level, if any, of substance abuse and, if applicable, co
 1820  occurring mental health treatment the respondent requires. The
 1821  qualified professional’s failure to include a treatment
 1822  recommendation, much like a recommendation of no treatment,
 1823  shall result in the petition’s dismissal.
 1824         (d)The court may order a law enforcement officer or other
 1825  designated agent of the court to take the respondent into
 1826  custody and transport him or her to or from the treating or
 1827  assessing service provider and the court for his or her hearing.
 1828         (2) The petitioner has the burden of proving by clear and
 1829  convincing evidence that:
 1830         (a) The respondent is substance abuse impaired, has lost
 1831  the power of self-control with respect to substance abuse, or
 1832  and has a history of lack of compliance with treatment for
 1833  substance abuse with continued substance use; and
 1834         (b) Because of such impairment, the respondent is unlikely
 1835  to voluntarily participate in the recommended services after
 1836  sufficient and conscientious explanation and disclosure of their
 1837  purpose, or is unable to determine for himself or herself
 1838  whether services are necessary and make a rational decision in
 1839  that regard; and:
 1840         (c)1. Without services, the respondent is likely to suffer
 1841  from neglect or refuse to care for himself or herself; that such
 1842  neglect or refusal poses a real and present threat of
 1843  substantial harm to his or her well-being; and that it is not
 1844  apparent that such harm may be avoided through the help of
 1845  willing, able, and responsible family members or friends or the
 1846  provision of other services; or
 1847         2. There is a substantial likelihood that in the near
 1848  future and without services, the respondent will inflict serious
 1849  harm to self or others, as evidenced by acts, omissions, or
 1850  behavior causing, attempting, or threatening such harm, which
 1851  includes, but is not limited to, significant property damage
 1852  cause serious bodily harm to himself, herself, or another in the
 1853  near future, as evidenced by recent behavior; or
 1854         2.The respondent’s refusal to voluntarily receive care is
 1855  based on judgment so impaired by reason of substance abuse that
 1856  the respondent is incapable of appreciating his or her need for
 1857  care and of making a rational decision regarding that need for
 1858  care.
 1859         (3) One of the qualified professionals who executed the
 1860  involuntary services certificate must be a witness. The court
 1861  shall allow testimony from individuals, including family
 1862  members, deemed by the court to be relevant under state law,
 1863  regarding the respondent’s prior history and how that prior
 1864  history relates to the person’s current condition. The Testimony
 1865  in the hearing must be taken under oath, and the proceedings
 1866  must be recorded. The respondent patient may refuse to testify
 1867  at the hearing.
 1868         (4)If at any point during the hearing the court has reason
 1869  to believe that the respondent, due to mental illness other than
 1870  or in addition to substance abuse impairment, is likely to
 1871  injure himself or herself or another if allowed to remain at
 1872  liberty, or otherwise meets the involuntary commitment
 1873  provisions of part I of chapter 394, the court may initiate
 1874  involuntary proceedings under such provisions.
 1875         (5)(4) At the conclusion of the hearing, the court shall
 1876  either dismiss the petition or order the respondent to receive
 1877  involuntary treatment services from his or her chosen licensed
 1878  service provider if possible and appropriate. Any treatment
 1879  order must include findings regarding the respondent’s need for
 1880  treatment and the appropriateness of other lesser restrictive
 1881  alternatives.
 1882         Section 41. Section 397.697, Florida Statutes, is amended
 1883  to read:
 1884         397.697 Court determination; effect of court order for
 1885  involuntary treatment services.—
 1886         (1)(a) When the court finds that the conditions for
 1887  involuntary treatment services have been proved by clear and
 1888  convincing evidence, it may order the respondent to receive
 1889  involuntary treatment services from a publicly funded licensed
 1890  service provider for a period not to exceed 90 days. The court
 1891  may also order a respondent to undergo treatment through a
 1892  privately funded licensed service provider if the respondent has
 1893  the ability to pay for the treatment, or if any person on the
 1894  respondent’s behalf voluntarily demonstrates a willingness and
 1895  an ability to pay for the treatment. If the court finds it
 1896  necessary, it may direct the sheriff to take the respondent into
 1897  custody and deliver him or her to the licensed service provider
 1898  specified in the court order, or to the nearest appropriate
 1899  licensed service provider, for involuntary treatment services.
 1900  When the conditions justifying involuntary treatment services no
 1901  longer exist, the individual must be released as provided in s.
 1902  397.6971. When the conditions justifying involuntary treatment
 1903  services are expected to exist after 90 days of treatment
 1904  services, a renewal of the involuntary treatment services order
 1905  may be requested pursuant to s. 397.6975 before the end of the
 1906  90-day period.
 1907         (b)To qualify for involuntary outpatient treatment, an
 1908  individual must be supported by a social worker or case manager
 1909  of a licensed service provider or a willing, able, and
 1910  responsible individual appointed by the court who shall inform
 1911  the court and parties if the respondent fails to comply with his
 1912  or her outpatient program. In addition, unless the respondent
 1913  has been involuntarily ordered into inpatient treatment under
 1914  this chapter at least twice during the last 36 months, or
 1915  demonstrates the ability to substantially comply with the
 1916  outpatient treatment while waiting for residential placement to
 1917  become available, he or she must receive an assessment from a
 1918  qualified professional or licensed physician expressly
 1919  recommending outpatient services, such services must be
 1920  available in the county in which the respondent is located, and
 1921  it must appear likely that the respondent will follow a
 1922  prescribed outpatient care plan.
 1923         (2) In all cases resulting in an order for involuntary
 1924  treatment services, the court shall retain jurisdiction over the
 1925  case and the parties for the entry of such further orders as the
 1926  circumstances may require, including, but not limited to,
 1927  monitoring compliance with treatment, changing the treatment
 1928  modality, or initiating contempt of court proceedings for
 1929  violating any valid order issued pursuant to this chapter.
 1930  Hearings under this section may be set by motion of the parties
 1931  or under the court’s own authority, and the motion and notice of
 1932  hearing for these ancillary proceedings, which include, but are
 1933  not limited to, civil contempt, must be served in accordance
 1934  with relevant court procedural rules. The court’s requirements
 1935  for notification of proposed release must be included in the
 1936  original order.
 1937         (3) An involuntary treatment services order also authorizes
 1938  the licensed service provider to require the individual to
 1939  receive treatment services that will benefit him or her,
 1940  including treatment services at any licensable service component
 1941  of a licensed service provider. While subject to the court’s
 1942  oversight, the service provider’s authority under this section
 1943  is separate and distinct from the court’s broad continuing
 1944  jurisdiction under subsection (2). Such oversight includes, but
 1945  is not limited to, submitting reports regarding the respondent’s
 1946  progress or compliance with treatment as required by the court.
 1947         (4) If the court orders involuntary treatment services, a
 1948  copy of the order must be sent to the managing entity within 1
 1949  working day after it is received from the court. Documents may
 1950  be submitted electronically through though existing data
 1951  systems, if applicable.
 1952         Section 42. Section 397.6971, Florida Statutes, is amended
 1953  to read:
 1954         397.6971 Early release from involuntary treatment
 1955  services.—
 1956         (1) At any time before the end of the 90-day involuntary
 1957  treatment services period, or before the end of any extension
 1958  granted pursuant to s. 397.6975, an individual receiving
 1959  involuntary treatment services may be determined eligible for
 1960  discharge to the most appropriate referral or disposition for
 1961  the individual when any of the following apply:
 1962         (a) The individual no longer meets the criteria for
 1963  involuntary admission and has given his or her informed consent
 1964  to be transferred to voluntary treatment status.
 1965         (b) If the individual was admitted on the grounds of
 1966  likelihood of infliction of physical harm upon himself or
 1967  herself or others, such likelihood no longer exists.
 1968         (c) If the individual was admitted on the grounds of need
 1969  for assessment and stabilization or treatment, accompanied by
 1970  inability to make a determination respecting such need:
 1971         1. Such inability no longer exists; or
 1972         2. It is evident that further treatment will not bring
 1973  about further significant improvements in the individual’s
 1974  condition.
 1975         (d) The individual is no longer needs treatment in need of
 1976  services.
 1977         (e) The director of the service provider determines that
 1978  the individual is beyond the safe management capabilities of the
 1979  provider.
 1980         (2) Whenever a qualified professional determines that an
 1981  individual admitted for involuntary treatment services qualifies
 1982  for early release under subsection (1), the service provider
 1983  shall immediately discharge the individual and must notify all
 1984  persons specified by the court in the original treatment order.
 1985         Section 43. Section 397.6975, Florida Statutes, is amended
 1986  to read:
 1987         397.6975 Extension of involuntary treatment services
 1988  period.—
 1989         (1) Whenever a service provider believes that an individual
 1990  who is nearing the scheduled date of his or her release from
 1991  involuntary care services continues to meet the criteria for
 1992  involuntary treatment services in s. 397.693 or s. 397.6957, a
 1993  petition for renewal of the involuntary treatment services order
 1994  must may be filed with the court at least 10 days before the
 1995  expiration of the court-ordered services period. The petition
 1996  may be filed by the service provider or by the person who filed
 1997  the petition for the initial treatment order if the petition is
 1998  accompanied by supporting documentation from the service
 1999  provider. The court shall immediately schedule a hearing within
 2000  10 court working to be held not more than 15 days after filing
 2001  of the petition and. The court shall provide the copy of the
 2002  petition for renewal and the notice of the hearing to all
 2003  parties and counsel to the proceeding. The hearing is conducted
 2004  pursuant to ss. 397.697 and 397.6957 and must be before the
 2005  circuit court unless referred to a magistrate s. 397.6957.
 2006         (2) If the court finds that the petition for renewal of the
 2007  involuntary treatment services order should be granted, it may
 2008  order the respondent to receive involuntary treatment services
 2009  for a period not to exceed an additional 90 days. When the
 2010  conditions justifying involuntary treatment services no longer
 2011  exist, the individual must be released as provided in s.
 2012  397.6971. When the conditions justifying involuntary treatment
 2013  services continue to exist after an additional 90 days of
 2014  treatment service, a new petition requesting renewal of the
 2015  involuntary treatment services order may be filed pursuant to
 2016  this section.
 2017         (3)Within 1 court working day after the filing of a
 2018  petition for continued involuntary services, the court shall
 2019  appoint the office of criminal conflict and civil regional
 2020  counsel to represent the respondent, unless the respondent is
 2021  otherwise represented by counsel. The clerk of the court shall
 2022  immediately notify the office of criminal conflict and civil
 2023  regional counsel of such appointment. The office of criminal
 2024  conflict and civil regional counsel shall represent the
 2025  respondent until the petition is dismissed or the court order
 2026  expires or the respondent is discharged from involuntary
 2027  services. Any attorney representing the respondent shall have
 2028  access to the respondent, witnesses, and records relevant to the
 2029  presentation of the respondent’s case and shall represent the
 2030  interests of the respondent, regardless of the source of payment
 2031  to the attorney.
 2032         (4)Hearings on petitions for continued involuntary
 2033  services shall be before the circuit court. The court may
 2034  appoint a magistrate to preside at the hearing. The procedures
 2035  for obtaining an order pursuant to this section shall be in
 2036  accordance with s. 397.697.
 2037         (5)Notice of hearing shall be provided to the respondent
 2038  or his or her counsel. The respondent and the respondent’s
 2039  counsel may agree to a period of continued involuntary services
 2040  without a court hearing.
 2041         (6)The same procedure shall be repeated before the
 2042  expiration of each additional period of involuntary services.
 2043         (7)If the respondent has previously been found incompetent
 2044  to consent to treatment, the court shall consider testimony and
 2045  evidence regarding the respondent’s competence.
 2046         Section 44. Section 397.6977, Florida Statutes, is amended
 2047  to read:
 2048         397.6977 Disposition of individual upon completion of
 2049  involuntary treatment services.—At the conclusion of the 90-day
 2050  period of court-ordered involuntary treatment services, the
 2051  respondent is automatically discharged unless a motion for
 2052  renewal of the involuntary treatment services order has been
 2053  filed with the court pursuant to s. 397.6975.
 2054         Section 45. Section 397.6978, Florida Statutes, is
 2055  repealed.
 2056         Section 46. Section 397.99, Florida Statutes, is amended to
 2057  read:
 2058         397.99 School substance abuse prevention partnership
 2059  grants.—
 2060         (1) GRANT PROGRAM.—
 2061         (a) In order to encourage the development of effective
 2062  substance abuse prevention and early intervention strategies for
 2063  school-age populations, the school substance abuse prevention
 2064  partnership grant program is established.
 2065         (b) The department shall administer the program in
 2066  cooperation with the Department of Education, and the Department
 2067  of Juvenile Justice, and the managing entities under contract
 2068  with the department under s. 394.9082.
 2069         (2) APPLICATION PROCEDURES; FUNDING REQUIREMENTS.—
 2070         (a) Schools, or community-based organizations in
 2071  partnership with schools, may submit a grant proposal for
 2072  funding or continued funding to the managing entity in its
 2073  geographic area department by March 1 of each year.
 2074  Notwithstanding s. 394.9082(5)(i), the managing entity shall use
 2075  a competitive solicitation process to review The department
 2076  shall establish grant applications, application procedures which
 2077  ensures ensure that grant recipients implement programs and
 2078  practices that are effective. The managing entity department
 2079  shall include the grant application document on its an Internet
 2080  website.
 2081         (b) Grants may fund programs to conduct prevention
 2082  activities serving students who are not involved in substance
 2083  use, intervention activities serving students who are
 2084  experimenting with substance use, or both prevention and
 2085  intervention activities, if a comprehensive approach is
 2086  indicated as a result of a needs assessment.
 2087         (c) Grants may target youth, parents, and teachers and
 2088  other school staff, coaches, social workers, case managers, and
 2089  other prevention stakeholders.
 2090         (d) Performance measures for grant program activities shall
 2091  measure improvements in student attitudes or behaviors as
 2092  determined by the managing entity department.
 2093         (e) At least 50 percent of the grant funds available for
 2094  local projects must be allocated to support the replication of
 2095  prevention programs and practices that are based on research and
 2096  have been evaluated and proven effective. The managing entity
 2097  department shall develop related qualifying criteria.
 2098         (f) In order to be considered for funding, the grant
 2099  application shall include the following assurances and
 2100  information:
 2101         1. A letter from the administrators of the programs
 2102  collaborating on the project, such as the school principal,
 2103  community-based organization executive director, or recreation
 2104  department director, confirming that the grant application has
 2105  been reviewed and that each partner is committed to supporting
 2106  implementation of the activities described in the grant
 2107  proposal.
 2108         2. A rationale and description of the program and the
 2109  services to be provided, including:
 2110         a. An analysis of prevention issues related to the
 2111  substance abuse prevention profile of the target population.
 2112         b. A description of other primary substance use and related
 2113  risk factors.
 2114         c. Goals and objectives based on the findings of the needs
 2115  assessment.
 2116         d. The selection of programs or strategies that have been
 2117  shown to be effective in addressing the findings of the needs
 2118  assessment.
 2119         e. A method of identifying the target group for universal
 2120  prevention strategies, and a method for identifying the
 2121  individual student participants in selected and indicated
 2122  prevention strategies.
 2123         f. A description of how students will be targeted.
 2124         g. Provisions for the participation of parents and
 2125  guardians in the program.
 2126         h. An evaluation component to measure the effectiveness of
 2127  the program in accordance with performance-based program
 2128  budgeting effectiveness measures.
 2129         i. A program budget, which includes the amount and sources
 2130  of local cash and in-kind resources committed to the budget and
 2131  which establishes, to the satisfaction of the managing entity
 2132  department, that the grant applicant entity will make a cash or
 2133  in-kind contribution to the program of a value that is at least
 2134  25 percent of the amount of the grant.
 2135         (g) The managing entity department shall consider the
 2136  following in awarding such grants:
 2137         1. The number of youths that will be targeted.
 2138         2. The validity of the program design to achieve project
 2139  goals and objectives that are clearly related to performance
 2140  based program budgeting effectiveness measures.
 2141         3. The desirability of funding at least one approved
 2142  project in each of the department’s substate entities.
 2143         (3) The managing entity must department shall coordinate
 2144  the review of grant applications with local representatives of
 2145  the Department of Education and the Department of Juvenile
 2146  Justice and shall make award determinations no later than June
 2147  30 of each year. All applicants shall be notified by the
 2148  managing entity department of its final action.
 2149         (4) Each entity that is awarded a grant as provided for in
 2150  this section shall submit performance and output information as
 2151  determined by the managing entity department.
 2152         Section 47. Paragraph (d) is added to subsection (1) of
 2153  section 916.111, Florida Statutes, to read:
 2154         916.111 Training of mental health experts.—The evaluation
 2155  of defendants for competency to proceed or for sanity at the
 2156  time of the commission of the offense shall be conducted in such
 2157  a way as to ensure uniform application of the criteria
 2158  enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
 2159  Procedure. The department shall develop, and may contract with
 2160  accredited institutions:
 2161         (1) To provide:
 2162         (a) A plan for training mental health professionals to
 2163  perform forensic evaluations and to standardize the criteria and
 2164  procedures to be used in these evaluations;
 2165         (b) Clinical protocols and procedures based upon the
 2166  criteria of Rules 3.210 and 3.216, Florida Rules of Criminal
 2167  Procedure; and
 2168         (c) Training for mental health professionals in the
 2169  application of these protocols and procedures in performing
 2170  forensic evaluations and providing reports to the courts; and
 2171         (d)Refresher training for mental health professionals who
 2172  have completed the training required by paragraph (c) and s.
 2173  916.115(1). At a minimum, the refresher training must provide
 2174  current information on:
 2175         1.Forensic statutory requirements.
 2176         2.Recent changes to part II of this chapter.
 2177         3.Trends and concerns related to forensic commitments in
 2178  the state.
 2179         4.Alternatives to maximum security treatment facilities.
 2180         5.Community forensic treatment providers.
 2181         6.Evaluation requirements.
 2182         7.Forensic service array updates.
 2183         Section 48. Subsection (1) of section 916.115, Florida
 2184  Statutes, is amended to read:
 2185         916.115 Appointment of experts.—
 2186         (1) The court shall appoint no more than three experts to
 2187  determine the mental condition of a defendant in a criminal
 2188  case, including competency to proceed, insanity, involuntary
 2189  placement, and treatment. The experts may evaluate the defendant
 2190  in jail or in another appropriate local facility or in a
 2191  facility of the Department of Corrections.
 2192         (a) To the extent possible, The appointed experts must
 2193  shall have completed forensic evaluator training approved by the
 2194  department under s. 916.111(1)(c), and, to the extent possible,
 2195  each shall be a psychiatrist, licensed psychologist, or
 2196  physician. Appointed experts who have completed the training
 2197  under s. 916.111(1)(c) must complete refresher training under s.
 2198  916.111(1)(d) every 3 years.
 2199         (b) The department shall maintain and annually provide the
 2200  courts with a list of available mental health professionals who
 2201  have completed the approved training under ss. 916.111(1)(c) and
 2202  (d) as experts.
 2203         Section 49. Paragraph (b) of subsection (1) of section
 2204  409.972, Florida Statutes, is amended to read:
 2205         409.972 Mandatory and voluntary enrollment.—
 2206         (1) The following Medicaid-eligible persons are exempt from
 2207  mandatory managed care enrollment required by s. 409.965, and
 2208  may voluntarily choose to participate in the managed medical
 2209  assistance program:
 2210         (b) Medicaid recipients residing in residential commitment
 2211  facilities operated through the Department of Juvenile Justice
 2212  or a treatment facility as defined in s. 394.455 s. 394.455(47).
 2213         Section 50. Paragraph (e) of subsection (4) of section
 2214  464.012, Florida Statutes, is amended to read:
 2215         464.012 Licensure of advanced practice registered nurses;
 2216  fees; controlled substance prescribing.—
 2217         (4) In addition to the general functions specified in
 2218  subsection (3), an advanced practice registered nurse may
 2219  perform the following acts within his or her specialty:
 2220         (e) A psychiatric nurse, who meets the requirements in s.
 2221  394.455(36) s. 394.455(35), within the framework of an
 2222  established protocol with a psychiatrist, may prescribe
 2223  psychotropic controlled substances for the treatment of mental
 2224  disorders.
 2225         Section 51. Subsection (7) of section 744.2007, Florida
 2226  Statutes, is amended to read:
 2227         744.2007 Powers and duties.—
 2228         (7) A public guardian may not commit a ward to a treatment
 2229  facility, as defined in s. 394.455 s. 394.455(47), without an
 2230  involuntary placement proceeding as provided by law.
 2231         Section 52. Paragraph (a) of subsection (2) of section
 2232  790.065, Florida Statutes, is amended to read:
 2233         790.065 Sale and delivery of firearms.—
 2234         (2) Upon receipt of a request for a criminal history record
 2235  check, the Department of Law Enforcement shall, during the
 2236  licensee’s call or by return call, forthwith:
 2237         (a) Review any records available to determine if the
 2238  potential buyer or transferee:
 2239         1. Has been convicted of a felony and is prohibited from
 2240  receipt or possession of a firearm pursuant to s. 790.23;
 2241         2. Has been convicted of a misdemeanor crime of domestic
 2242  violence, and therefore is prohibited from purchasing a firearm;
 2243         3. Has had adjudication of guilt withheld or imposition of
 2244  sentence suspended on any felony or misdemeanor crime of
 2245  domestic violence unless 3 years have elapsed since probation or
 2246  any other conditions set by the court have been fulfilled or
 2247  expunction has occurred; or
 2248         4. Has been adjudicated mentally defective or has been
 2249  committed to a mental institution by a court or as provided in
 2250  sub-sub-subparagraph b.(II), and as a result is prohibited by
 2251  state or federal law from purchasing a firearm.
 2252         a. As used in this subparagraph, “adjudicated mentally
 2253  defective” means a determination by a court that a person, as a
 2254  result of marked subnormal intelligence, or mental illness,
 2255  incompetency, condition, or disease, is a danger to himself or
 2256  herself or to others or lacks the mental capacity to contract or
 2257  manage his or her own affairs. The phrase includes a judicial
 2258  finding of incapacity under s. 744.331(6)(a), an acquittal by
 2259  reason of insanity of a person charged with a criminal offense,
 2260  and a judicial finding that a criminal defendant is not
 2261  competent to stand trial.
 2262         b. As used in this subparagraph, “committed to a mental
 2263  institution” means:
 2264         (I) Involuntary commitment, commitment for mental
 2265  defectiveness or mental illness, and commitment for substance
 2266  abuse. The phrase includes involuntary inpatient placement under
 2267  as defined in s. 394.467, involuntary outpatient placement as
 2268  defined in s. 394.4655, involuntary assessment and stabilization
 2269  under s. 397.6818, and involuntary substance abuse treatment
 2270  under s. 397.6957, but does not include a person in a mental
 2271  institution for observation or discharged from a mental
 2272  institution based upon the initial review by the physician or a
 2273  voluntary admission to a mental institution; or
 2274         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 2275  admission to a mental institution for outpatient or inpatient
 2276  treatment of a person who had an involuntary examination under
 2277  s. 394.463, where each of the following conditions have been
 2278  met:
 2279         (A) An examining physician found that the person is an
 2280  imminent danger to himself or herself or others.
 2281         (B) The examining physician certified that if the person
 2282  did not agree to voluntary treatment, a petition for involuntary
 2283  outpatient or inpatient treatment would have been filed under s.
 2284  394.463(2)(g)4., or the examining physician certified that a
 2285  petition was filed and the person subsequently agreed to
 2286  voluntary treatment prior to a court hearing on the petition.
 2287         (C) Before agreeing to voluntary treatment, the person
 2288  received written notice of that finding and certification, and
 2289  written notice that as a result of such finding, he or she may
 2290  be prohibited from purchasing a firearm, and may not be eligible
 2291  to apply for or retain a concealed weapon or firearms license
 2292  under s. 790.06 and the person acknowledged such notice in
 2293  writing, in substantially the following form:
 2294  
 2295  “I understand that the doctor who examined me believes I am a
 2296  danger to myself or to others. I understand that if I do not
 2297  agree to voluntary treatment, a petition will be filed in court
 2298  to require me to receive involuntary treatment. I understand
 2299  that if that petition is filed, I have the right to contest it.
 2300  In the event a petition has been filed, I understand that I can
 2301  subsequently agree to voluntary treatment prior to a court
 2302  hearing. I understand that by agreeing to voluntary treatment in
 2303  either of these situations, I may be prohibited from buying
 2304  firearms and from applying for or retaining a concealed weapons
 2305  or firearms license until I apply for and receive relief from
 2306  that restriction under Florida law.”
 2307  
 2308         (D) A judge or a magistrate has, pursuant to sub-sub
 2309  subparagraph c.(II), reviewed the record of the finding,
 2310  certification, notice, and written acknowledgment classifying
 2311  the person as an imminent danger to himself or herself or
 2312  others, and ordered that such record be submitted to the
 2313  department.
 2314         c. In order to check for these conditions, the department
 2315  shall compile and maintain an automated database of persons who
 2316  are prohibited from purchasing a firearm based on court records
 2317  of adjudications of mental defectiveness or commitments to
 2318  mental institutions.
 2319         (I) Except as provided in sub-sub-subparagraph (II), clerks
 2320  of court shall submit these records to the department within 1
 2321  month after the rendition of the adjudication or commitment.
 2322  Reports shall be submitted in an automated format. The reports
 2323  must, at a minimum, include the name, along with any known alias
 2324  or former name, the sex, and the date of birth of the subject.
 2325         (II) For persons committed to a mental institution pursuant
 2326  to sub-sub-subparagraph b.(II), within 24 hours after the
 2327  person’s agreement to voluntary admission, a record of the
 2328  finding, certification, notice, and written acknowledgment must
 2329  be filed by the administrator of the receiving or treatment
 2330  facility, as defined in s. 394.455, with the clerk of the court
 2331  for the county in which the involuntary examination under s.
 2332  394.463 occurred. No fee shall be charged for the filing under
 2333  this sub-sub-subparagraph. The clerk must present the records to
 2334  a judge or magistrate within 24 hours after receipt of the
 2335  records. A judge or magistrate is required and has the lawful
 2336  authority to review the records ex parte and, if the judge or
 2337  magistrate determines that the record supports the classifying
 2338  of the person as an imminent danger to himself or herself or
 2339  others, to order that the record be submitted to the department.
 2340  If a judge or magistrate orders the submittal of the record to
 2341  the department, the record must be submitted to the department
 2342  within 24 hours.
 2343         d. A person who has been adjudicated mentally defective or
 2344  committed to a mental institution, as those terms are defined in
 2345  this paragraph, may petition the court that made the
 2346  adjudication or commitment, or the court that ordered that the
 2347  record be submitted to the department pursuant to sub-sub
 2348  subparagraph c.(II), for relief from the firearm disabilities
 2349  imposed by such adjudication or commitment. A copy of the
 2350  petition shall be served on the state attorney for the county in
 2351  which the person was adjudicated or committed. The state
 2352  attorney may object to and present evidence relevant to the
 2353  relief sought by the petition. The hearing on the petition may
 2354  be open or closed as the petitioner may choose. The petitioner
 2355  may present evidence and subpoena witnesses to appear at the
 2356  hearing on the petition. The petitioner may confront and cross
 2357  examine witnesses called by the state attorney. A record of the
 2358  hearing shall be made by a certified court reporter or by court
 2359  approved electronic means. The court shall make written findings
 2360  of fact and conclusions of law on the issues before it and issue
 2361  a final order. The court shall grant the relief requested in the
 2362  petition if the court finds, based on the evidence presented
 2363  with respect to the petitioner’s reputation, the petitioner’s
 2364  mental health record and, if applicable, criminal history
 2365  record, the circumstances surrounding the firearm disability,
 2366  and any other evidence in the record, that the petitioner will
 2367  not be likely to act in a manner that is dangerous to public
 2368  safety and that granting the relief would not be contrary to the
 2369  public interest. If the final order denies relief, the
 2370  petitioner may not petition again for relief from firearm
 2371  disabilities until 1 year after the date of the final order. The
 2372  petitioner may seek judicial review of a final order denying
 2373  relief in the district court of appeal having jurisdiction over
 2374  the court that issued the order. The review shall be conducted
 2375  de novo. Relief from a firearm disability granted under this
 2376  sub-subparagraph has no effect on the loss of civil rights,
 2377  including firearm rights, for any reason other than the
 2378  particular adjudication of mental defectiveness or commitment to
 2379  a mental institution from which relief is granted.
 2380         e. Upon receipt of proper notice of relief from firearm
 2381  disabilities granted under sub-subparagraph d., the department
 2382  shall delete any mental health record of the person granted
 2383  relief from the automated database of persons who are prohibited
 2384  from purchasing a firearm based on court records of
 2385  adjudications of mental defectiveness or commitments to mental
 2386  institutions.
 2387         f. The department is authorized to disclose data collected
 2388  pursuant to this subparagraph to agencies of the Federal
 2389  Government and other states for use exclusively in determining
 2390  the lawfulness of a firearm sale or transfer. The department is
 2391  also authorized to disclose this data to the Department of
 2392  Agriculture and Consumer Services for purposes of determining
 2393  eligibility for issuance of a concealed weapons or concealed
 2394  firearms license and for determining whether a basis exists for
 2395  revoking or suspending a previously issued license pursuant to
 2396  s. 790.06(10). When a potential buyer or transferee appeals a
 2397  nonapproval based on these records, the clerks of court and
 2398  mental institutions shall, upon request by the department,
 2399  provide information to help determine whether the potential
 2400  buyer or transferee is the same person as the subject of the
 2401  record. Photographs and any other data that could confirm or
 2402  negate identity must be made available to the department for
 2403  such purposes, notwithstanding any other provision of state law
 2404  to the contrary. Any such information that is made confidential
 2405  or exempt from disclosure by law shall retain such confidential
 2406  or exempt status when transferred to the department.
 2407         Section 53. This act shall take effect July 1, 2020.
 2408  
 2409  ================= T I T L E  A M E N D M E N T ================
 2410  And the title is amended as follows:
 2411         Delete everything before the enacting clause
 2412  and insert:
 2413                        A bill to be entitled                      
 2414         An act relating to substance abuse and mental health;
 2415         amending s. 394.455, F.S.; revising the definition of
 2416         “mental illness”; defining the terms “neglect or
 2417         refuse to care for himself or herself” and “real and
 2418         present threat of substantial harm”; conforming a
 2419         cross-reference; amending s. 394.459, F.S.; requiring
 2420         that respondents with a serious mental illness be
 2421         informed of the essential elements of recovery and be
 2422         provided assistance with accessing a continuum of care
 2423         regimen; authorizing the Department of Children and
 2424         Families to adopt certain rules; amending s. 394.4598,
 2425         F.S.; conforming a cross-reference; amending s.
 2426         394.4599, F.S.; conforming provisions to changes made
 2427         by the act; amending s. 394.461, F.S.; authorizing the
 2428         state to establish that a transfer evaluation was
 2429         performed by providing the court with a copy of the
 2430         evaluation before the close of the state’s case in
 2431         chief; prohibiting the court from considering
 2432         substantive information in the transfer evaluation
 2433         unless the evaluator testifies at the hearing;
 2434         amending s. 394.4615, F.S.; conforming provisions to
 2435         changes made by the act; amending s. 394.462, F.S.;
 2436         conforming cross-references; amending s. 394.4625,
 2437         F.S.; providing requirements relating to the
 2438         voluntariness of admissions to a facility for
 2439         examination and treatment; providing requirements for
 2440         verifying the assent of a minor admitted to a
 2441         facility; requiring the appointment of a public
 2442         defender to review the voluntariness of a minor’s
 2443         admission to a facility; requiring the filing of a
 2444         petition for involuntary placement or release of a
 2445         minor to his or her parent or legal guardian under
 2446         certain circumstances; conforming provisions to
 2447         changes made by the act; amending s. 394.463, F.S.;
 2448         revising the requirements for when a person may be
 2449         taken to a receiving facility for involuntary
 2450         examination; requiring a facility to inform the
 2451         department of certain persons who have been examined
 2452         or committed under certain circumstances; conforming
 2453         provisions to changes made by the act; providing
 2454         criminal and civil penalties; amending s. 394.4655,
 2455         F.S.; revising the requirements for involuntary
 2456         outpatient treatment; amending s. 394.467, F.S.;
 2457         revising the requirements for when a person may be
 2458         ordered for involuntary inpatient placement; revising
 2459         requirements for continuances of hearings; revising
 2460         the conditions under which a court may waive the
 2461         requirement for a patient to be present at an
 2462         involuntary inpatient placement hearing; authorizing
 2463         the court to permit all witnesses to remotely attend
 2464         and testify at the hearing through certain means;
 2465         authorizing the state attorney to access certain
 2466         persons and records for certain purposes; specifying
 2467         such records remain confidential; revising when the
 2468         court may appoint a magistrate; revising the amount of
 2469         time a court may require a patient to receive
 2470         services; providing an exception to the prohibition on
 2471         a court ordering certain individuals to be
 2472         involuntarily placed in a state treatment facility;
 2473         conforming a cross-reference; amending s. 394.495,
 2474         F.S.; revising the counties that a community action
 2475         treatment team must serve; conforming cross
 2476         references; amending s. 394.496, F.S.; conforming
 2477         cross-references; amending s. 394.499, F.S.; making
 2478         technical and conforming changes; amending s. 394.656,
 2479         F.S.; renaming the Criminal Justice, Mental Health,
 2480         and Substance Abuse Statewide Grant Review Committee
 2481         as the Criminal Justice, Mental Health, and Substance
 2482         Abuse Statewide Grant Advisory Committee; revising
 2483         membership of the committee; revising the committee’s
 2484         duties and requirements; revising the entities that
 2485         may apply for certain grants; revising the eligibility
 2486         requirements for the grants; revising the selection
 2487         process for grant recipients; amending s. 394.657,
 2488         F.S.; conforming provisions to changes made by the
 2489         act; amending s. 394.658, F.S.; revising requirements
 2490         of the Criminal Justice, Mental Health, and Substance
 2491         Abuse Reinvestment Grant Program; amending s. 394.674,
 2492         F.S.; revising eligibility requirements for certain
 2493         substance abuse and mental health services; providing
 2494         priority for specified individuals; amending s.
 2495         394.908, F.S.; revising the definition of the term
 2496         “individuals in need”; revising requirements for
 2497         substance abuse and mental health funding equity;
 2498         amending s. 394.9085, F.S.; conforming cross
 2499         references; amending s. 397.305, F.S.; revising the
 2500         purposes of ch. 397, F.S.; amending s. 397.311, F.S.;
 2501         revising the definition of the terms “impaired” and
 2502         “substance abuse impaired”; defining the terms
 2503         “involuntary treatment services,” “neglect or refuse
 2504         to care for himself or herself,” and “real and present
 2505         threat of substantial harm”; amending s. 397.321,
 2506         F.S.; deleting a provision requiring the Department of
 2507         Children and Families to develop a certification
 2508         process for community substance abuse prevention
 2509         coalitions; amending s. 397.416, F.S.; conforming a
 2510         cross-reference; amending s. 397.501, F.S.; requiring
 2511         that respondents with serious substance abuse
 2512         addictions be informed of the essential elements of
 2513         recovery and provided assistance with accessing a
 2514         continuum of care regimen; authorizing the department
 2515         to adopt certain rules; amending s. 397.675, F.S.;
 2516         revising the criteria for involuntary admissions;
 2517         amending s. 397.6751, F.S.; revising the
 2518         responsibilities of a service provider; amending s.
 2519         397.681, F.S.; requiring that the state attorney
 2520         represent the state as the real party of interest in
 2521         an involuntary proceeding, subject to legislative
 2522         appropriation; authorizing the state attorney to
 2523         access certain persons and records; conforming
 2524         provisions to changes made by the act; repealing s.
 2525         397.6811, F.S., relating to involuntary assessment and
 2526         stabilization; repealing s. 397.6814, F.S., relating
 2527         to petitions for involuntary assessment and
 2528         stabilization; repealing s. 397.6815, F.S., relating
 2529         to involuntary assessment and stabilization
 2530         procedures; repealing s. 397.6818, F.S., relating to
 2531         court determinations for petitions for involuntary
 2532         assessment and stabilization; repealing s. 397.6819,
 2533         F.S., relating to the responsibilities of licensed
 2534         service providers with regard to involuntary
 2535         assessment and stabilization; repealing s. 397.6821,
 2536         F.S., relating to extensions of time for completion of
 2537         involuntary assessment and stabilization; repealing s.
 2538         397.6822, F.S., relating to the disposition of
 2539         individuals after involuntary assessments; amending s.
 2540         397.693, F.S.; revising the circumstances under which
 2541         a person is eligible for court-ordered involuntary
 2542         treatment; amending s. 397.695, F.S.; authorizing the
 2543         court or clerk of the court to waive or prohibit any
 2544         service of process fees for an indigent petitioner;
 2545         amending s. 397.6951, F.S.; revising the requirements
 2546         for the contents of a petition for involuntary
 2547         treatment services; providing that a petitioner may
 2548         include a certificate or report of a qualified
 2549         professional with the petition; requiring the
 2550         certificate or report to contain certain information;
 2551         requiring that certain additional information must be
 2552         included if an emergency exists; amending s. 397.6955,
 2553         F.S.; requiring the clerk of the court to notify the
 2554         state attorney’s office upon the receipt of a petition
 2555         filed for involuntary treatment services; revising
 2556         when a hearing must be held on the petition; providing
 2557         requirements for when a petitioner asserts that
 2558         emergency circumstances exist or the court determines
 2559         that an emergency exists; amending s. 397.6957, F.S.;
 2560         expanding the exemption from the requirement that a
 2561         respondent be present at a hearing on a petition for
 2562         involuntary treatment services; authorizing the court
 2563         to order drug tests and permit all witnesses to
 2564         remotely attend and testify at the hearing through
 2565         certain means; deleting a provision requiring the
 2566         court to appoint a guardian advocate under certain
 2567         circumstances; prohibiting a respondent from being
 2568         involuntarily ordered into treatment unless certain
 2569         requirements are met; providing requirements relating
 2570         to involuntary assessment and stabilization orders;
 2571         providing requirements relating to involuntary
 2572         treatment hearings; requiring that the assessment of a
 2573         respondent occur before a specified time unless
 2574         certain requirements are met; requiring the service
 2575         provider to discharge the respondent after a specified
 2576         time unless certain requirements are met; requiring a
 2577         qualified professional to provide copies of his or her
 2578         report to the court and all relevant parties and
 2579         counsel; providing requirements for the report;
 2580         authorizing certain entities to take specified actions
 2581         based upon the involuntary assessment; authorizing a
 2582         court to order certain persons to take a respondent
 2583         into custody and transport him or her to or from
 2584         certain service providers and the court; revising the
 2585         petitioner’s burden of proof in the hearing;
 2586         authorizing the court to initiate involuntary
 2587         proceedings under certain circumstances; requiring
 2588         that, if a treatment order is issued, it must include
 2589         certain findings; amending s. 397.697, F.S.; requiring
 2590         that an individual meet certain requirements to
 2591         qualify for involuntary outpatient treatment;
 2592         specifying that certain hearings may be set by the
 2593         motion of a party or under the court’s own authority;
 2594         specifying that a service provider’s authority is
 2595         separate and distinct from the court’s jurisdiction;
 2596         amending s. 397.6971, F.S.; conforming provisions to
 2597         changes made by the act; amending s. 397.6975, F.S.;
 2598         authorizing certain entities to file a petition for
 2599         renewal of involuntary treatment; revising the
 2600         timeframe during which the court is required to
 2601         schedule a hearing; conforming provisions to changes
 2602         made by the act; amending s. 397.6977, F.S.;
 2603         conforming provisions to changes made by the act;
 2604         repealing s. 397.6978, F.S., relating to the
 2605         appointment of guardian advocates; amending s. 397.99,
 2606         F.S.; revising administration requirements for the
 2607         school substance abuse prevention partnership grant
 2608         program; revising application procedures and funding
 2609         requirements for the program; revising requirements
 2610         relating to the review of grant applications; amending
 2611         s. 916.111, F.S.; requiring the department to provide
 2612         refresher training for specified mental health
 2613         professionals; providing requirements for such
 2614         training; amending s. 916.115, F.S.; revising
 2615         requirements for the appointment of experts to
 2616         evaluate certain defendants; requiring appointed
 2617         experts to complete specified training; amending ss.
 2618         409.972, 464.012, 744.2007, and 790.065, F.S.;
 2619         conforming cross-references; providing an effective
 2620         date.