Florida Senate - 2021 SB 828
By Senator Book
32-00424A-21 2021828__
1 A bill to be entitled
2 An act relating to mental health and substance abuse;
3 amending s. 394.455, F.S.; conforming a cross
4 reference; defining the terms “neglect or refuse to
5 care for himself or herself” and “real and present
6 threat of substantial harm”; amending s. 394.459,
7 F.S.; requiring facilities to inform respondents with
8 a serious mental illness of the essential elements of
9 recovery and provide them assistance in accessing a
10 continuum of care regimen; authorizing the Department
11 of Children and Families to adopt certain rules;
12 amending s. 394.4598, F.S.; conforming a cross
13 reference; amending s. 394.4599, F.S.; conforming
14 provisions to changes made by the act; amending s.
15 394.461, F.S.; authorizing the state to establish that
16 a transfer evaluation was performed by providing the
17 court with a copy of the evaluation before the close
18 of the state’s case in chief; prohibiting the court
19 from considering substantive information in the
20 transfer evaluation unless the evaluator testifies at
21 the hearing; amending s. 394.4615, F.S.; conforming
22 provisions to changes made by the act; amending s.
23 394.462, F.S.; conforming provisions to changes made
24 by the act; amending s. 394.4625, F.S.; providing
25 requirements relating to the voluntariness of
26 admissions to a facility for examination and
27 treatment; providing requirements for verifying the
28 assent of a minor admitted to a facility; requiring
29 the appointment of a public defender to review the
30 voluntariness of a minor’s admission to a facility;
31 requiring the filing of a petition for involuntary
32 placement or release of a minor to his or her parent
33 or legal guardian under certain circumstances;
34 requiring minor patients’ assent to voluntary care to
35 be verified in a specified manner before a transfer to
36 voluntary status may occur; conforming provisions to
37 changes made by the act; amending s. 394.463, F.S.;
38 revising the requirements for when a person may be
39 taken to a receiving facility for involuntary
40 examination; requiring a facility to inform the
41 department of certain persons who have been examined
42 or committed under certain circumstances; conforming
43 provisions to changes made by the act; providing
44 criminal and civil penalties; amending s. 394.4655,
45 F.S.; revising the requirements for involuntary
46 outpatient treatment; amending s. 394.467, F.S.;
47 revising the requirements for when a person may be
48 ordered for involuntary inpatient placement; revising
49 requirements for continuances of hearings; revising
50 the conditions under which a court may waive the
51 requirement for a patient to be present at an
52 involuntary inpatient placement hearing; authorizing
53 the court to permit all witnesses to attend and
54 testify remotely at the hearing through certain means;
55 requiring facilities to make certain clinical records
56 available to a state attorney within a specified
57 timeframe; specifying that such records remain
58 confidential and may not be used for certain purposes;
59 revising when the court may appoint a magistrate;
60 requiring the court to allow certain testimony from
61 individuals; revising the amount of time a court may
62 require a patient to receive services; requiring
63 facilities to discharge patients after the patient no
64 longer meets the criteria for involuntary treatment;
65 prohibiting courts from ordering that individuals with
66 developmental disabilities be involuntary placed in a
67 state treatment facility; requiring such individuals
68 to be referred to certain agencies for evaluation and
69 services; authorizing facilities to hold such
70 individuals under certain circumstances; conforming
71 provisions to changes made by the act; amending ss.
72 394.495 and 394.496, F.S.; conforming provisions to
73 changes made by the act; amending s. 394.499, F.S.;
74 making technical and conforming changes; amending s.
75 394.9085, F.S.; conforming cross-references; amending
76 s. 397.305, F.S.; revising the purposes of ch. 397,
77 F.S.; amending s. 397.311, F.S.; revising the
78 definition of the terms “impaired” and “substance
79 abuse impaired”; defining the terms “involuntary
80 treatment services,” “neglect or refuse to care for
81 himself or herself,” and “real and present threat of
82 substantial harm”; amending s. 397.416, F.S.;
83 conforming a cross-reference; amending s. 397.501,
84 F.S.; requiring that respondents with serious
85 substance use disorders be informed of the essential
86 elements of recovery and provide them assistance with
87 accessing a continuum of care regimen; authorizing the
88 department to adopt certain rules; amending s.
89 397.675, F.S.; revising the criteria for involuntary
90 admissions; amending s. 397.6751, F.S.; revising the
91 responsibilities of a service provider; amending s.
92 397.681, F.S.; revising where involuntary treatment
93 petitions for substance abuse impaired persons may be
94 filed; revising what part of such proceedings a
95 general or special magistrate may preside over;
96 requiring that the state attorney represent the state
97 as the real party of interest in an involuntary
98 proceeding, subject to legislative appropriation;
99 providing that the petitioner has the right to be
100 heard; specifying that certain records obtained by a
101 state attorney must remain confidential and may not be
102 used for certain purposes; conforming provisions to
103 changes made by the act; repealing s. 397.6811, F.S.,
104 relating to involuntary assessment and stabilization;
105 repealing s. 397.6814, F.S., relating to petitions for
106 involuntary assessment and stabilization; repealing s.
107 397.6815, F.S., relating to involuntary assessment and
108 stabilization procedures; repealing s. 397.6818, F.S.,
109 relating to court determinations for petitions for
110 involuntary assessment and stabilization; repealing s.
111 397.6819, F.S., relating to the responsibilities of
112 licensed service providers with regard to involuntary
113 assessment and stabilization; repealing s. 397.6821,
114 F.S., relating to extensions of time for completion of
115 involuntary assessment and stabilization; repealing s.
116 397.6822, F.S., relating to the disposition of
117 individuals after involuntary assessments; amending s.
118 397.693, F.S.; revising the circumstances under which
119 a person is eligible for court-ordered involuntary
120 treatment; amending s. 397.695, F.S.; authorizing the
121 court or clerk of the court to waive or prohibit any
122 service of process fees for an indigent petitioner;
123 amending s. 397.6951, F.S.; revising the requirements
124 for the contents of a petition for involuntary
125 treatment services; authorizing a petitioner to
126 include with the petition a certificate or report of a
127 qualified professional; requiring the certificate or
128 report to contain certain information; requiring that
129 certain additional information be included if an
130 emergency exists; amending s. 397.6955, F.S.;
131 requiring the clerk of the court to notify the state
132 attorney’s office upon the receipt of a petition filed
133 for involuntary treatment services; revising when the
134 office of criminal conflict and civil regional counsel
135 represents a person; revising when a hearing must be
136 held on the petition; requiring law enforcement
137 agencies to effect service for initial treatment
138 hearings unless certain requirements are met;
139 providing requirements for when a petitioner asserts
140 that emergency circumstances exist or the court
141 determines that an emergency exists; conforming
142 provisions to changes made by the act; amending s.
143 397.6957, F.S.; expanding the exemption from the
144 requirement that a respondent be present at a hearing
145 on a petition for involuntary treatment services;
146 authorizing the court to order drug tests and permit
147 all witnesses to remotely attend and testify at the
148 hearing through certain means; deleting a provision
149 requiring the court to appoint a guardian advocate
150 under certain circumstances; prohibiting a respondent
151 from being involuntarily ordered into treatment unless
152 certain requirements are met; providing requirements
153 relating to involuntary assessment and stabilization
154 orders; providing requirements relating to involuntary
155 treatment hearings; requiring that the assessment of a
156 respondent occur before a specified time unless
157 certain requirements are met; requiring the service
158 provider to discharge the respondent after a specified
159 time unless certain requirements are met; requiring a
160 qualified professional to provide copies of his or her
161 report to the court and all relevant parties and
162 counsel; providing requirements for the report;
163 authorizing a court to order certain persons to take a
164 respondent into custody and transport him or her to or
165 from certain service providers and the court; revising
166 the petitioner’s burden of proof in the hearing;
167 authorizing the court to initiate involuntary
168 proceedings under certain circumstances; requiring
169 that, if a treatment order is issued, it must include
170 certain findings; amending s. 397.697, F.S.; requiring
171 that an individual meet certain requirements to
172 qualify for involuntary outpatient treatment;
173 specifying that certain hearings may be set by the
174 motion of a party or under the court’s own authority;
175 specifying that a service provider’s authority is
176 separate and distinct from the court’s jurisdiction;
177 amending s. 397.6971, F.S.; revising when an
178 individual receiving involuntary treatment services
179 may be determined eligible for discharge; conforming
180 provisions to changes made by the act; amending s.
181 397.6975, F.S.; authorizing certain entities to file a
182 petition for renewal of involuntary treatment;
183 revising the timeframe during which the court is
184 required to schedule a hearing; conforming provisions
185 to changes made by the act; amending s. 397.6977,
186 F.S.; conforming provisions to changes made by the
187 act; repealing s. 397.6978, F.S., relating to the
188 appointment of guardian advocates; amending ss.
189 409.972, 464.012, 744.2007, and 790.065, F.S.;
190 conforming cross-references; providing an effective
191 date.
192
193 Be It Enacted by the Legislature of the State of Florida:
194
195 Section 1. Present subsections (32) through (39) and (40)
196 through (49) of section 394.455, Florida Statutes, are
197 redesignated as subsections (33) through (40) and (42) through
198 (51), respectively, new subsections (32) and (41) are added to
199 that section, and subsection (23) of that section is amended, to
200 read:
201 394.455 Definitions.—As used in this part, the term:
202 (23) “Involuntary examination” means an examination
203 performed under s. 394.463, s. 397.6772, s. 397.679, s.
204 397.6798, or s. 397.6957 s. 397.6811 to determine whether a
205 person qualifies for involuntary services.
206 (32) “Neglect or refuse to care for himself or herself”
207 includes, but is not limited to, evidence that a person:
208 (a) Is unable to satisfy basic needs for nourishment,
209 clothing, medical care, shelter, or safety in a manner that
210 creates a substantial probability of imminent death, serious
211 physical debilitation, or disease; or
212 (b) Is substantially unable to make an informed treatment
213 choice and needs care or treatment to prevent deterioration.
214 (41) “Real and present threat of substantial harm”
215 includes, but is not limited to, evidence of a substantial
216 probability that the untreated person will:
217 (a) Lack, refuse, or not receive services for health and
218 safety which are actually available in the community; or
219 (b) Suffer severe mental, emotional, or physical harm that
220 will result in the loss of his or her ability to function in the
221 community or the loss of cognitive or volitional control over
222 thoughts or actions.
223 Section 2. Subsection (13) is added to section 394.459,
224 Florida Statutes, to read:
225 394.459 Rights of patients.—
226 (13) POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, the
227 facility must inform a respondent with a serious mental illness
228 of the essential elements of recovery and provide assistance
229 with accessing a continuum of care regimen. The department may
230 adopt rules specifying the services that may be provided to such
231 respondents.
232 Section 3. Subsection (1) of section 394.4598, Florida
233 Statutes, is amended to read:
234 394.4598 Guardian advocate.—
235 (1) The administrator may petition the court for the
236 appointment of a guardian advocate based upon the opinion of a
237 psychiatrist that the patient is incompetent to consent to
238 treatment. If the court finds that a patient is incompetent to
239 consent to treatment and has not been adjudicated incapacitated
240 and a guardian with the authority to consent to mental health
241 treatment appointed, it shall appoint a guardian advocate. The
242 patient has the right to have an attorney represent him or her
243 at the hearing. If the person is indigent, the court shall
244 appoint the office of the public defender to represent him or
245 her at the hearing. The patient has the right to testify, cross
246 examine witnesses, and present witnesses. The proceeding shall
247 be recorded either electronically or stenographically, and
248 testimony shall be provided under oath. One of the professionals
249 authorized to give an opinion in support of a petition for
250 involuntary placement, as described in s. 394.4655 or s.
251 394.467, must testify. A guardian advocate must meet the
252 qualifications of a guardian contained in part IV of chapter
253 744, except that a professional referred to in this part, an
254 employee of the facility providing direct services to the
255 patient under this part, a departmental employee, a facility
256 administrator, or member of the Florida local advocacy council
257 shall not be appointed. A person who is appointed as a guardian
258 advocate must agree to the appointment.
259 Section 4. Paragraph (d) of subsection (2) of section
260 394.4599, Florida Statutes, is amended to read:
261 394.4599 Notice.—
262 (2) INVOLUNTARY ADMISSION.—
263 (d) The written notice of the filing of the petition for
264 involuntary services for an individual being held must contain
265 the following:
266 1. Notice that the petition for:
267 a. Involuntary inpatient treatment pursuant to s. 394.467
268 has been filed with the circuit court in the county in which the
269 individual is hospitalized and the address of such court; or
270 b. Involuntary outpatient services pursuant to s. 394.4655
271 has been filed with the criminal county court, as defined in s.
272 394.4655(1), or the circuit court, as applicable, in the county
273 in which the individual is hospitalized and the address of such
274 court.
275 2. Notice that the office of the public defender has been
276 appointed to represent the individual in the proceeding, if the
277 individual is not otherwise represented by counsel.
278 3. The date, time, and place of the hearing and the name of
279 each examining expert and every other person expected to testify
280 in support of continued detention.
281 4. Notice that the individual, the individual’s guardian,
282 guardian advocate, health care surrogate or proxy, or
283 representative, or the administrator may apply for a change of
284 venue for the convenience of the parties or witnesses or because
285 of the condition of the individual.
286 5. Notice that the individual is entitled to an independent
287 expert examination and, if the individual cannot afford such an
288 examination, that the court will provide for one.
289 Section 5. Subsection (2) of section 394.461, Florida
290 Statutes, is amended to read:
291 394.461 Designation of receiving and treatment facilities
292 and receiving systems.—The department is authorized to designate
293 and monitor receiving facilities, treatment facilities, and
294 receiving systems and may suspend or withdraw such designation
295 for failure to comply with this part and rules adopted under
296 this part. Unless designated by the department, facilities are
297 not permitted to hold or treat involuntary patients under this
298 part.
299 (2) TREATMENT FACILITY.—The department may designate any
300 state-owned, state-operated, or state-supported facility as a
301 state treatment facility. A civil patient shall not be admitted
302 to a state treatment facility without previously undergoing a
303 transfer evaluation. Before the close of the state’s case in
304 chief in a court hearing for involuntary placement in a state
305 treatment facility, the state may establish that the transfer
306 evaluation was performed and the document properly executed by
307 providing the court with a copy of the transfer evaluation. The
308 court may not shall receive and consider the substantive
309 information documented in the transfer evaluation unless the
310 evaluator testifies at the hearing. Any other facility,
311 including a private facility or a federal facility, may be
312 designated as a treatment facility by the department, provided
313 that such designation is agreed to by the appropriate governing
314 body or authority of the facility.
315 Section 6. Subsection (3) of section 394.4615, Florida
316 Statutes, is amended to read:
317 394.4615 Clinical records; confidentiality.—
318 (3) Information from the clinical record may be released in
319 the following circumstances:
320 (a) When a patient has communicated to a service provider a
321 specific threat to cause serious bodily injury or death to an
322 identified or a readily available person, if the service
323 provider reasonably believes, or should reasonably believe
324 according to the standards of his or her profession, that the
325 patient has the apparent intent and ability to imminently or
326 immediately carry out such threat. When such communication has
327 been made, the administrator may authorize the release of
328 sufficient information to provide adequate warning to the person
329 threatened with harm by the patient.
330 (b) When the administrator of the facility or secretary of
331 the department deems release to a qualified researcher as
332 defined in administrative rule, an aftercare treatment provider,
333 or an employee or agent of the department is necessary for
334 treatment of the patient, maintenance of adequate records,
335 compilation of treatment data, aftercare planning, or evaluation
336 of programs.
337
338 For the purpose of determining whether a person meets the
339 criteria for involuntary outpatient placement or for preparing
340 the proposed treatment plan pursuant to s. 394.4655, the
341 clinical record may be released to the state attorney, the
342 public defender or the patient’s private legal counsel, the
343 court, and to the appropriate mental health professionals,
344 including the service provider identified in s.
345 394.4655(7)(b)2., in accordance with state and federal law.
346 Section 7. Section 394.462, Florida Statutes, is amended to
347 read:
348 394.462 Transportation.—A transportation plan shall be
349 developed and implemented by each county in collaboration with
350 the managing entity in accordance with this section. A county
351 may enter into a memorandum of understanding with the governing
352 boards of nearby counties to establish a shared transportation
353 plan. When multiple counties enter into a memorandum of
354 understanding for this purpose, the counties shall notify the
355 managing entity and provide it with a copy of the agreement. The
356 transportation plan shall describe methods of transport to a
357 facility within the designated receiving system for individuals
358 subject to involuntary examination under s. 394.463 or
359 involuntary admission under s. 397.6772, s. 397.679, s.
360 397.6798, or s. 397.6957 s. 397.6811, and may identify
361 responsibility for other transportation to a participating
362 facility when necessary and agreed to by the facility. The plan
363 may rely on emergency medical transport services or private
364 transport companies, as appropriate. The plan shall comply with
365 the transportation provisions of this section and ss. 397.6772,
366 397.6795, 397.6822, and 397.697.
367 (1) TRANSPORTATION TO A RECEIVING FACILITY.—
368 (a) Each county shall designate a single law enforcement
369 agency within the county, or portions thereof, to take a person
370 into custody upon the entry of an ex parte order or the
371 execution of a certificate for involuntary examination by an
372 authorized professional and to transport that person to the
373 appropriate facility within the designated receiving system
374 pursuant to a transportation plan.
375 (b)1. The designated law enforcement agency may decline to
376 transport the person to a receiving facility only if:
377 a. The jurisdiction designated by the county has contracted
378 on an annual basis with an emergency medical transport service
379 or private transport company for transportation of persons to
380 receiving facilities pursuant to this section at the sole cost
381 of the county; and
382 b. The law enforcement agency and the emergency medical
383 transport service or private transport company agree that the
384 continued presence of law enforcement personnel is not necessary
385 for the safety of the person or others.
386 2. The entity providing transportation may seek
387 reimbursement for transportation expenses. The party responsible
388 for payment for such transportation is the person receiving the
389 transportation. The county shall seek reimbursement from the
390 following sources in the following order:
391 a. From a private or public third-party payor, if the
392 person receiving the transportation has applicable coverage.
393 b. From the person receiving the transportation.
394 c. From a financial settlement for medical care, treatment,
395 hospitalization, or transportation payable or accruing to the
396 injured party.
397 (c) A company that transports a patient pursuant to this
398 subsection is considered an independent contractor and is solely
399 liable for the safe and dignified transport of the patient. Such
400 company must be insured and provide no less than $100,000 in
401 liability insurance with respect to the transport of patients.
402 (d) Any company that contracts with a governing board of a
403 county to transport patients shall comply with the applicable
404 rules of the department to ensure the safety and dignity of
405 patients.
406 (e) When a law enforcement officer takes custody of a
407 person pursuant to this part, the officer may request assistance
408 from emergency medical personnel if such assistance is needed
409 for the safety of the officer or the person in custody.
410 (f) When a member of a mental health overlay program or a
411 mobile crisis response service is a professional authorized to
412 initiate an involuntary examination pursuant to s. 394.463 or s.
413 397.675 and that professional evaluates a person and determines
414 that transportation to a receiving facility is needed, the
415 service, at its discretion, may transport the person to the
416 facility or may call on the law enforcement agency or other
417 transportation arrangement best suited to the needs of the
418 patient.
419 (g) When any law enforcement officer has custody of a
420 person based on either noncriminal or minor criminal behavior
421 that meets the statutory guidelines for involuntary examination
422 pursuant to s. 394.463, the law enforcement officer shall
423 transport the person to the appropriate facility within the
424 designated receiving system pursuant to a transportation plan.
425 Persons who meet the statutory guidelines for involuntary
426 admission pursuant to s. 397.675 may also be transported by law
427 enforcement officers to the extent resources are available and
428 as otherwise provided by law. Such persons shall be transported
429 to an appropriate facility within the designated receiving
430 system pursuant to a transportation plan.
431 (h) When any law enforcement officer has arrested a person
432 for a felony and it appears that the person meets the statutory
433 guidelines for involuntary examination or placement under this
434 part, such person must first be processed in the same manner as
435 any other criminal suspect. The law enforcement agency shall
436 thereafter immediately notify the appropriate facility within
437 the designated receiving system pursuant to a transportation
438 plan. The receiving facility shall be responsible for promptly
439 arranging for the examination and treatment of the person. A
440 receiving facility is not required to admit a person charged
441 with a crime for whom the facility determines and documents that
442 it is unable to provide adequate security, but shall provide
443 examination and treatment to the person where he or she is held.
444 (i) If the appropriate law enforcement officer believes
445 that a person has an emergency medical condition as defined in
446 s. 395.002, the person may be first transported to a hospital
447 for emergency medical treatment, regardless of whether the
448 hospital is a designated receiving facility.
449 (j) The costs of transportation, evaluation,
450 hospitalization, and treatment incurred under this subsection by
451 persons who have been arrested for violations of any state law
452 or county or municipal ordinance may be recovered as provided in
453 s. 901.35.
454 (k) The appropriate facility within the designated
455 receiving system pursuant to a transportation plan must accept
456 persons brought by law enforcement officers, or an emergency
457 medical transport service or a private transport company
458 authorized by the county, for involuntary examination pursuant
459 to s. 394.463.
460 (l) The appropriate facility within the designated
461 receiving system pursuant to a transportation plan must provide
462 persons brought by law enforcement officers, or an emergency
463 medical transport service or a private transport company
464 authorized by the county, pursuant to s. 397.675, a basic
465 screening or triage sufficient to refer the person to the
466 appropriate services.
467 (m) Each law enforcement agency designated pursuant to
468 paragraph (a) shall establish a policy that reflects a single
469 set of protocols for the safe and secure transportation and
470 transfer of custody of the person. Each law enforcement agency
471 shall provide a copy of the protocols to the managing entity.
472 (n) When a jurisdiction has entered into a contract with an
473 emergency medical transport service or a private transport
474 company for transportation of persons to facilities within the
475 designated receiving system, such service or company shall be
476 given preference for transportation of persons from nursing
477 homes, assisted living facilities, adult day care centers, or
478 adult family-care homes, unless the behavior of the person being
479 transported is such that transportation by a law enforcement
480 officer is necessary.
481 (o) This section may not be construed to limit emergency
482 examination and treatment of incapacitated persons provided in
483 accordance with s. 401.445.
484 (2) TRANSPORTATION TO A TREATMENT FACILITY.—
485 (a) If neither the patient nor any person legally obligated
486 or responsible for the patient is able to pay for the expense of
487 transporting a voluntary or involuntary patient to a treatment
488 facility, the transportation plan established by the governing
489 board of the county or counties must specify how the
490 hospitalized patient will be transported to, from, and between
491 facilities in a safe and dignified manner.
492 (b) A company that transports a patient pursuant to this
493 subsection is considered an independent contractor and is solely
494 liable for the safe and dignified transportation of the patient.
495 Such company must be insured and provide no less than $100,000
496 in liability insurance with respect to the transport of
497 patients.
498 (c) A company that contracts with one or more counties to
499 transport patients in accordance with this section shall comply
500 with the applicable rules of the department to ensure the safety
501 and dignity of patients.
502 (d) County or municipal law enforcement and correctional
503 personnel and equipment may not be used to transport patients
504 adjudicated incapacitated or found by the court to meet the
505 criteria for involuntary placement pursuant to s. 394.467,
506 except in small rural counties where there are no cost-efficient
507 alternatives.
508 (3) TRANSFER OF CUSTODY.—Custody of a person who is
509 transported pursuant to this part, along with related
510 documentation, shall be relinquished to a responsible individual
511 at the appropriate receiving or treatment facility.
512 Section 8. Subsections (1) and (4) of section 394.4625,
513 Florida Statutes, are amended to read:
514 394.4625 Voluntary admissions.—
515 (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
516 PATIENTS.—
517 (a) In order to be admitted to a facility on a voluntary
518 basis, a person must show evidence of a mental illness and be
519 suitable for treatment by the facility.
520 1. If the person is an adult, he or she must be competent
521 to provide his or her express and informed consent in writing to
522 the facility.
523 2. A minor may be admitted to a facility only on the basis
524 of the express and informed consent of the minor’s parent or
525 legal guardian in conjunction with the minor’s assent.
526 a. The minor’s assent is an affirmative agreement by the
527 minor to remain at the facility for examination and treatment.
528 The minor’s failure to object is not assent for purposes of this
529 subparagraph.
530 b. The minor’s assent must be verified through a clinical
531 assessment that is documented in the minor’s clinical record and
532 conducted within 12 hours after arrival at the facility by a
533 licensed professional authorized to initiate an involuntary
534 examination under s. 394.463.
535 c. In verifying the minor’s assent, the examining
536 professional must first provide the minor with an explanation as
537 to why the minor will be examined and treated, what the minor
538 can expect while in the facility, and when the minor may expect
539 to be released, using language that is appropriate to the
540 minor’s age, experience, maturity, and condition. The examining
541 professional must determine and document that the minor is able
542 to understand this information.
543 d. The facility must advise the minor of his or her right
544 to request and have access to legal counsel.
545 e. The facility administrator must file with the court a
546 notice of a minor’s voluntary placement within 1 court working
547 day after the minor’s admission to the facility.
548 f. The court shall appoint a public defender who may review
549 the voluntariness of the minor’s admission to the facility and
550 further verify his or her assent. The public defender may
551 interview and represent the minor and shall have access to all
552 relevant witnesses and records. If the public defender does not
553 review the voluntariness of the admission, the clinical
554 assessment of the minor’s assent shall serve as verification of
555 assent.
556 g. Unless the minor’s assent is verified pursuant to this
557 subparagraph, a petition for involuntary placement must be filed
558 with the court or the minor must be released to his or her
559 parent or legal guardian within 24 hours after arriving at the
560 facility A facility may receive for observation, diagnosis, or
561 treatment any person 18 years of age or older making application
562 by express and informed consent for admission or any person age
563 17 or under for whom such application is made by his or her
564 guardian. If found to show evidence of mental illness, to be
565 competent to provide express and informed consent, and to be
566 suitable for treatment, such person 18 years of age or older may
567 be admitted to the facility. A person age 17 or under may be
568 admitted only after a hearing to verify the voluntariness of the
569 consent.
570 (b) A mental health overlay program or a mobile crisis
571 response service or a licensed professional who is authorized to
572 initiate an involuntary examination pursuant to s. 394.463 and
573 is employed by a community mental health center or clinic must,
574 pursuant to district procedure approved by the respective
575 district administrator, conduct an initial assessment of the
576 ability of the following persons to give express and informed
577 consent to treatment before such persons may be admitted
578 voluntarily:
579 1. A person 60 years of age or older for whom transfer is
580 being sought from a nursing home, assisted living facility,
581 adult day care center, or adult family-care home, when such
582 person has been diagnosed as suffering from dementia.
583 2. A person 60 years of age or older for whom transfer is
584 being sought from a nursing home pursuant to s. 400.0255(12).
585 3. A person for whom all decisions concerning medical
586 treatment are currently being lawfully made by the health care
587 surrogate or proxy designated under chapter 765.
588 (c) When an initial assessment of the ability of a person
589 to give express and informed consent to treatment is required
590 under this section, and a mobile crisis response service does
591 not respond to the request for an assessment within 2 hours
592 after the request is made or informs the requesting facility
593 that it will not be able to respond within 2 hours after the
594 request is made, the requesting facility may arrange for
595 assessment by any licensed professional authorized to initiate
596 an involuntary examination pursuant to s. 394.463 who is not
597 employed by or under contract with, and does not have a
598 financial interest in, either the facility initiating the
599 transfer or the receiving facility to which the transfer may be
600 made.
601 (d) A facility may not admit as a voluntary patient a
602 person who has been adjudicated incapacitated, unless the
603 condition of incapacity has been judicially removed. If a
604 facility admits as a voluntary patient a person who is later
605 determined to have been adjudicated incapacitated, and the
606 condition of incapacity had not been removed by the time of the
607 admission, the facility must either discharge the patient or
608 transfer the patient to involuntary status.
609 (e) The health care surrogate or proxy of a voluntary
610 patient may not consent to the provision of mental health
611 treatment for the patient. A voluntary patient who is unwilling
612 or unable to provide express and informed consent to mental
613 health treatment must either be discharged or transferred to
614 involuntary status.
615 (f) Within 24 hours after admission of a voluntary patient,
616 the admitting physician shall document in the patient’s clinical
617 record that the patient is able to give express and informed
618 consent for admission. If the patient is not able to give
619 express and informed consent for admission, the facility shall
620 either discharge the patient or transfer the patient to
621 involuntary status pursuant to subsection (5).
622 (4) TRANSFER TO VOLUNTARY STATUS.—An involuntary patient
623 who applies to be transferred to voluntary status shall be
624 transferred to voluntary status immediately, unless the patient
625 has been charged with a crime, or has been involuntarily placed
626 for treatment by a court pursuant to s. 394.467 and continues to
627 meet the criteria for involuntary placement. When transfer to
628 voluntary status occurs, notice shall be given as provided in s.
629 394.4599, and if the patient is a minor, the minor’s assent to
630 voluntary care must be verified through the procedures under
631 subparagraph (1)(a)2. before the transfer to voluntary status
632 may occur.
633 Section 9. Subsection (1) and paragraphs (a), (g), and (h)
634 of subsection (2) of section 394.463, Florida Statutes, are
635 amended, and subsection (5) is added to that section, to read:
636 394.463 Involuntary examination.—
637 (1) CRITERIA.—A person may be taken to a receiving facility
638 for involuntary examination if there is reason to believe that
639 the person has a mental illness and because of his or her mental
640 illness:
641 (a)1. The person has refused voluntary examination after
642 conscientious explanation and disclosure of the purpose of the
643 examination; or
644 2. The person is unable to determine for himself or herself
645 whether examination is necessary; and
646 (b)1. Without care or treatment, the person is likely to
647 suffer from neglect or refuse to care for himself or herself;
648 such neglect or refusal poses a real and present threat of
649 substantial harm to his or her well-being; and it is not
650 apparent that such harm may be avoided through the help of
651 willing, able, and responsible family members or friends or the
652 provision of other services; or
653 2. There is a substantial likelihood that in the near
654 future and without care or treatment, the person will inflict
655 serious cause serious bodily harm to self himself or herself or
656 others in the near future, as evidenced by recent acts,
657 omissions, or behavior causing, attempting, or threatening such
658 harm, which includes, but is not limited to, significant
659 property damage.
660 (2) INVOLUNTARY EXAMINATION.—
661 (a) An involuntary examination may be initiated by any one
662 of the following means:
663 1. A circuit or county court may enter an ex parte order
664 stating that a person appears to meet the criteria for
665 involuntary examination and specifying the findings on which
666 that conclusion is based. The ex parte order for involuntary
667 examination must be based on written or oral sworn testimony
668 that includes specific facts that support the findings. If other
669 less restrictive means are not available, such as voluntary
670 appearance for outpatient evaluation, a law enforcement officer,
671 or other designated agent of the court, shall take the person
672 into custody and deliver him or her to an appropriate, or the
673 nearest, facility within the designated receiving system
674 pursuant to s. 394.462 for involuntary examination. The order of
675 the court shall be made a part of the patient’s clinical record.
676 A fee may not be charged for the filing of an order under this
677 subsection. A facility accepting the patient based on this order
678 must send a copy of the order to the department within 5 working
679 days. The order may be submitted electronically through existing
680 data systems, if available. The order shall be valid only until
681 the person is delivered to the facility or for the period
682 specified in the order itself, whichever comes first. If a time
683 limit is not specified in the order, the order is valid for 7
684 days after the date that the order was signed.
685 2. A law enforcement officer may shall take a person who
686 appears to meet the criteria for involuntary examination into
687 custody and deliver the person or have him or her delivered to
688 an appropriate, or the nearest, facility within the designated
689 receiving system pursuant to s. 394.462 for examination. The
690 officer shall execute a written report detailing the
691 circumstances under which the person was taken into custody,
692 which must be made a part of the patient’s clinical record. Any
693 facility accepting the patient based on this report must send a
694 copy of the report to the department within 5 working days.
695 3. A physician, a clinical psychologist, a psychiatric
696 nurse, an advanced practice registered nurse registered under s.
697 464.0123, a mental health counselor, a marriage and family
698 therapist, or a clinical social worker may execute a certificate
699 stating that he or she has examined a person within the
700 preceding 48 hours and finds that the person appears to meet the
701 criteria for involuntary examination and stating the
702 observations upon which that conclusion is based. If other less
703 restrictive means, such as voluntary appearance for outpatient
704 evaluation, are not available, a law enforcement officer shall
705 take into custody the person named in the certificate and
706 deliver him or her to the appropriate, or nearest, facility
707 within the designated receiving system pursuant to s. 394.462
708 for involuntary examination. The law enforcement officer shall
709 execute a written report detailing the circumstances under which
710 the person was taken into custody. The report and certificate
711 shall be made a part of the patient’s clinical record. Any
712 facility accepting the patient based on this certificate must
713 send a copy of the certificate to the department within 5
714 working days. The document may be submitted electronically
715 through existing data systems, if applicable.
716
717 When sending the order, report, or certificate to the
718 department, a facility shall, at a minimum, provide information
719 about which action was taken regarding the patient under
720 paragraph (g), which information shall also be made a part of
721 the patient’s clinical record.
722 (g) The examination period must be for up to 72 hours. For
723 a minor, the examination shall be initiated within 12 hours
724 after the patient’s arrival at the facility. The facility must
725 inform the department of any person who has been examined or
726 committed three or more times under this chapter within a 12
727 month period. Within the examination period or, if the
728 examination period ends on a weekend or holiday, no later than
729 the next working day thereafter, one of the following actions
730 must be taken, based on the individual needs of the patient:
731 1. The patient shall be released, unless he or she is
732 charged with a crime, in which case the patient shall be
733 returned to the custody of a law enforcement officer;
734 2. The patient shall be released, subject to subparagraph
735 1., for voluntary outpatient treatment;
736 3. The patient, unless he or she is charged with a crime,
737 shall be asked to give express and informed consent to placement
738 as a voluntary patient and, if such consent is given, the
739 patient shall be admitted as a voluntary patient; or
740 4. A petition for involuntary services shall be filed in
741 the circuit court if inpatient treatment is deemed necessary or
742 with the criminal county court, as described in s. 394.4655
743 defined in s. 394.4655(1), as applicable. When inpatient
744 treatment is deemed necessary, the least restrictive treatment
745 consistent with the optimum improvement of the patient’s
746 condition shall be made available. The petition When a petition
747 is to be filed for involuntary outpatient placement, it shall be
748 filed by one of the petitioners specified in s. 394.4655(4)(a).
749 A petition for involuntary inpatient placement shall be filed by
750 the facility administrator.
751 (h) A person for whom an involuntary examination has been
752 initiated who is being evaluated or treated at a hospital for an
753 emergency medical condition specified in s. 395.002 must be
754 examined by a facility within the examination period specified
755 in paragraph (g). The examination period begins when the patient
756 arrives at the hospital and ceases when the attending physician
757 documents that the patient has an emergency medical condition.
758 If the patient is examined at a hospital providing emergency
759 medical services by a professional qualified to perform an
760 involuntary examination and is found as a result of that
761 examination not to meet the criteria for involuntary outpatient
762 services pursuant to s. 394.4655 s. 394.4655(2) or involuntary
763 inpatient placement pursuant to s. 394.467(1), the patient may
764 be offered voluntary services or placement, if appropriate, or
765 released directly from the hospital providing emergency medical
766 services. The finding by the professional that the patient has
767 been examined and does not meet the criteria for involuntary
768 inpatient services or involuntary outpatient placement must be
769 entered into the patient’s clinical record. This paragraph is
770 not intended to prevent a hospital providing emergency medical
771 services from appropriately transferring a patient to another
772 hospital before stabilization if the requirements of s.
773 395.1041(3)(c) have been met.
774 (5) UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND
775 TREATMENT; PENALTIES.—
776 (a) Knowingly furnishing false information for the purpose
777 of obtaining emergency or other involuntary admission for any
778 person is a misdemeanor of the first degree, punishable as
779 provided in s. 775.082 and by a fine not exceeding $5,000.
780 (b) Causing or otherwise securing, or conspiring with or
781 assisting another to cause or secure, without reason for
782 believing a person to be impaired, any emergency or other
783 involuntary procedure for the person is a misdemeanor of the
784 first degree, punishable as provided in s. 775.082 and by a fine
785 not exceeding $5,000.
786 (c) Causing, or conspiring with or assisting another to
787 cause, the denial to any person of any right accorded pursuant
788 to this chapter is a misdemeanor of the first degree, punishable
789 as provided in s. 775.082 and by a fine not exceeding $5,000.
790 Section 10. Section 394.4655, Florida Statutes, is amended
791 to read:
792 (Substantial rewording of section. See
793 s. 394.4655, F.S., for present text.)
794 394.4655 Involuntary outpatient services.—
795 (1)(a) The court may order a respondent into outpatient
796 treatment for up to 6 months if, during a hearing under s.
797 394.467, it is established that the respondent meets involuntary
798 placement criteria and:
799 1. Has been jailed or incarcerated, has been involuntarily
800 admitted to a receiving or treatment facility as defined in s.
801 394.455, or has received mental health services in a forensic or
802 correctional facility at least twice during the last 36 months;
803 2. The outpatient treatment is provided in the county in
804 which the respondent resides or, if being placed from a state
805 treatment facility, will reside; and
806 3. The respondent’s treating physician certifies, within a
807 reasonable degree of medical probability, that the respondent:
808 a. Can be appropriately treated on an outpatient basis; and
809 b. Can follow a prescribed treatment plan.
810 (b) For the duration of his or her treatment, the
811 respondent must be supported by a social worker or case manager
812 of the outpatient provider, or a willing, able, and responsible
813 individual appointed by the court who must inform the court,
814 state attorney, and public defender of any failure by the
815 respondent to comply with his or her outpatient program.
816 (2) The court shall retain jurisdiction over the case and
817 parties for the entry of such further orders after a hearing as
818 the circumstances may require. Such jurisdiction includes, but
819 is not limited to, ordering inpatient treatment to stabilize a
820 respondent who decompensates during his or her up to 6-month
821 period of court-ordered treatment and meets the commitment
822 criteria of s. 394.467.
823 (3) A criminal county court exercising its original
824 jurisdiction in a misdemeanor case under s. 34.01 may order a
825 person who meets the commitment criteria into involuntary
826 outpatient services.
827 Section 11. Subsections (1) and (5) and paragraphs (a),
828 (b), and (c) of subsection (6) of section 394.467, Florida
829 Statutes, are amended to read:
830 394.467 Involuntary inpatient placement.—
831 (1) CRITERIA.—A person may be ordered for involuntary
832 inpatient placement for treatment upon a finding of the court by
833 clear and convincing evidence that:
834 (a) He or she has a mental illness and because of his or
835 her mental illness:
836 1.a. He or she has refused voluntary inpatient placement
837 for treatment after sufficient and conscientious explanation and
838 disclosure of the purpose of inpatient placement for treatment;
839 or
840 b. He or she is unable to determine for himself or herself
841 whether inpatient placement is necessary; and
842 2.a. He or she is incapable of surviving alone or with the
843 help of willing, able, and responsible family or friends,
844 including available alternative services, and, without
845 treatment, is likely to suffer from neglect or refuse to care
846 for himself or herself, and such neglect or refusal poses a real
847 and present threat of substantial harm to his or her well-being;
848 or
849 b. There is substantial likelihood that in the near future
850 and without services he or she will inflict serious bodily harm
851 to on self or others, as evidenced by recent acts, omissions, or
852 behavior causing, attempting, or threatening such harm, which
853 includes, but is not limited to, significant property damage;
854 and
855 (b) All available less restrictive treatment alternatives
856 that would offer an opportunity for improvement of his or her
857 condition have been judged to be inappropriate.
858 (5) CONTINUANCE OF HEARING.—The patient and the state are
859 independently entitled is entitled, with the concurrence of the
860 patient’s counsel, to at least one continuance of the hearing.
861 The patient’s continuance may be for a period of for up to 4
862 weeks and requires the concurrence of his or her counsel. The
863 state’s continuance may be for a period of up to 5 court working
864 days and requires a showing of good cause and due diligence by
865 the state before requesting the continuance. The state’s failure
866 to timely review any readily available document or failure to
867 attempt to contact a known witness does not warrant a
868 continuance.
869 (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
870 (a)1. The court shall hold the hearing on involuntary
871 inpatient placement within 5 court working days, unless a
872 continuance is granted.
873 2. Except for good cause documented in the court file, the
874 hearing must be held in the county or the facility, as
875 appropriate, where the patient is located, must be as convenient
876 to the patient as is consistent with orderly procedure, and
877 shall be conducted in physical settings not likely to be
878 injurious to the patient’s condition. If the court finds that
879 the patient’s attendance at the hearing is not consistent with
880 the best interests of, or is likely to be injurious to, the
881 patient, or the patient knowingly, intelligently, and
882 voluntarily waives his or her right to be present, and the
883 patient’s counsel does not object, the court may waive the
884 presence of the patient from all or any portion of the hearing.
885 Absent a showing of good cause, such as specific symptoms of the
886 respondent’s condition, the court may permit all witnesses,
887 including, but not limited to, any medical professionals or
888 personnel who are or have been involved with the patient’s
889 treatment, to remotely attend and testify at the hearing under
890 oath via the most appropriate and convenient technological
891 method of communication available to the court, including, but
892 not limited to, teleconference. Any witness intending to
893 remotely attend and testify at the hearing must provide the
894 parties with all relevant documents by the close of business on
895 the day before the hearing. The state attorney for the circuit
896 in which the patient is located shall represent the state,
897 rather than the petitioning facility administrator, as the real
898 party in interest in the proceeding. The facility shall make the
899 respondent’s clinical records available to the state attorney
900 within 24 hours of the involuntary placement petition’s filing
901 so that the state can evaluate and prepare its case before the
902 hearing. However, these records shall remain confidential, and
903 the state attorney may not use any record obtained under this
904 part for criminal investigation or prosecution purposes, or for
905 any purpose other than the patient’s civil commitment under this
906 chapter.
907 3. The court may appoint a magistrate to preside at the
908 hearing on the petition and any ancillary proceedings thereto,
909 which include, but are not limited to, writs of habeas corpus
910 issued pursuant to s. 394.459(8). One of the professionals who
911 executed the petition for involuntary inpatient placement
912 certificate shall be a witness. The court shall allow testimony
913 deemed relevant by the court under state law from individuals,
914 including family members, regarding the person’s prior history
915 and how that history relates to the person’s current condition.
916 The patient and the patient’s guardian or representative shall
917 be informed by the court of the right to an independent expert
918 examination. If the patient cannot afford such an examination,
919 the court shall ensure that one is provided, as otherwise
920 provided for by law. The independent expert’s report is
921 confidential and not discoverable, unless the expert is to be
922 called as a witness for the patient at the hearing. The
923 testimony in the hearing must be given under oath, and the
924 proceedings must be recorded. The patient may refuse to testify
925 at the hearing.
926 (b) If the court concludes that the patient meets the
927 criteria for involuntary inpatient placement, it may order that
928 the patient be transferred to a treatment facility or, if the
929 patient is at a treatment facility, that the patient be retained
930 there or be treated at any other appropriate facility, or that
931 the patient receive services, on an involuntary basis, for up to
932 90 days. However, any order for involuntary mental health
933 services in a treatment facility may be for up to 6 months. The
934 order shall specify the nature and extent of the patient’s
935 mental illness, and, unless the patient has transferred to a
936 voluntary status, the facility must discharge the patient at any
937 time he or she no longer meets the criteria for involuntary
938 inpatient treatment. The court may not order an individual with
939 a developmental disability as defined in s. 393.063, traumatic
940 brain injury, or dementia who lacks a co-occurring mental
941 illness to be involuntarily placed in a state treatment
942 facility. These individuals must be referred to the Agency for
943 Persons with Disabilities or the Department of Elderly Affairs
944 for further evaluation and the provision of appropriate services
945 for their individual needs. In addition, if it reasonably
946 appears that the individual with developmental disabilities,
947 traumatic brain injury, or dementia would be found incapacitated
948 under chapter 744 and the individual does not already have a
949 legal guardian, the facility must inform the department and any
950 known next of kin and initiate guardianship proceedings.
951 Provided that the facility is attempting to locate appropriate
952 placement while the guardianship hearing is pending, the
953 facility may hold the individual until the petition to appoint a
954 guardian is adjudicated by the court and placement is secured.
955 The facility shall discharge a patient any time the patient no
956 longer meets the criteria for involuntary inpatient placement,
957 unless the patient has transferred to voluntary status.
958 (c) If at any time before the conclusion of the involuntary
959 placement hearing on involuntary inpatient placement it appears
960 to the court that the person does not meet the criteria of for
961 involuntary inpatient placement under this section, but instead
962 meets the criteria for involuntary outpatient services, the
963 court may order the person evaluated for involuntary outpatient
964 services pursuant to s. 394.4655. The petition and hearing
965 procedures set forth in s. 394.4655 shall apply. If the person
966 instead meets the criteria for involuntary assessment,
967 protective custody, or involuntary admission or treatment
968 pursuant to s. 397.675, then the court may order the person to
969 be admitted for involuntary assessment for a period of 5 days
970 pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings
971 are governed by chapter 397.
972 Section 12. Subsection (3) of section 394.495, Florida
973 Statutes, is amended to read:
974 394.495 Child and adolescent mental health system of care;
975 programs and services.—
976 (3) Assessments must be performed by:
977 (a) A clinical psychologist, clinical social worker,
978 physician, psychiatric nurse, or psychiatrist as those terms are
979 defined in s. 394.455 professional as defined in s. 394.455(5),
980 (7), (33), (36), or (37);
981 (b) A professional licensed under chapter 491; or
982 (c) A person who is under the direct supervision of a
983 clinical psychologist, clinical social worker, physician,
984 psychiatric nurse, or psychiatrist as those terms are defined in
985 s. 394.455 qualified professional as defined in s. 394.455(5),
986 (7), (33), (36), or (37) or a professional licensed under
987 chapter 491.
988 Section 13. Subsection (5) of section 394.496, Florida
989 Statutes, is amended to read:
990 394.496 Service planning.—
991 (5) A clinical psychologist, clinical social worker,
992 physician, psychiatric nurse, or psychiatrist as those terms are
993 defined in s. 394.455 professional as defined in s. 394.455(5),
994 (7), (33), (36), or (37) or a professional licensed under
995 chapter 491 must be included among those persons developing the
996 services plan.
997 Section 14. Paragraph (a) of subsection (2) of section
998 394.499, Florida Statutes, is amended to read:
999 394.499 Integrated children’s crisis stabilization
1000 unit/juvenile addictions receiving facility services.—
1001 (2) Children eligible to receive integrated children’s
1002 crisis stabilization unit/juvenile addictions receiving facility
1003 services include:
1004 (a) A person under 18 years of age for whom voluntary
1005 application is made by his or her parent or legal guardian, if
1006 such person is found to show evidence of mental illness and to
1007 be suitable for treatment pursuant to s. 394.4625. A person
1008 under 18 years of age may be admitted for integrated facility
1009 services only after a hearing to verify that the consent to
1010 admission is voluntary is conducted pursuant to s. 394.4625.
1011 Section 15. Subsection (6) of section 394.9085, Florida
1012 Statutes, is amended to read:
1013 394.9085 Behavioral provider liability.—
1014 (6) For purposes of this section, the terms “detoxification
1015 services,” “addictions receiving facility,” and “receiving
1016 facility” have the same meanings as those provided in ss.
1017 397.311(26)(a)4. 397.311(26)(a)3., 397.311(26)(a)1., and 394.455
1018 394.455(40), respectively.
1019 Section 16. Subsection (3) of section 397.305, Florida
1020 Statutes, is amended to read:
1021 397.305 Legislative findings, intent, and purpose.—
1022 (3) It is the purpose of this chapter to provide for a
1023 comprehensive continuum of accessible and quality substance
1024 abuse prevention, intervention, clinical treatment, and recovery
1025 support services in the most appropriate and least restrictive
1026 environment which promotes long-term recovery while protecting
1027 and respecting the rights of individuals, primarily through
1028 community-based private not-for-profit providers working with
1029 local governmental programs involving a wide range of agencies
1030 from both the public and private sectors.
1031 Section 17. Present subsections (29) through (36) and (37)
1032 through (50) of section 397.311, Florida Statutes, are
1033 redesignated as subsections (30) through (37) and (39) through
1034 (52), respectively, new subsections (29) and (38) are added to
1035 that section, and subsections (19) and (23) of that section are
1036 amended, to read:
1037 397.311 Definitions.—As used in this chapter, except part
1038 VIII, the term:
1039 (19) “Impaired” or “substance abuse impaired” means having
1040 a substance use disorder or a condition involving the use of
1041 alcoholic beverages, illicit or prescription drugs, or any
1042 psychoactive or mood-altering substance in such a manner as to
1043 induce mental, emotional, or physical problems or and cause
1044 socially dysfunctional behavior.
1045 (23) “Involuntary treatment services” means an array of
1046 behavioral health services that may be ordered by the court for
1047 persons with substance abuse impairment or co-occurring
1048 substance abuse impairment and mental health disorders.
1049 (29) “Neglect or refuse to care for himself or herself”
1050 includes, but is not limited to, evidence that a person:
1051 (a) Is unable to satisfy basic needs for nourishment,
1052 clothing, medical care, shelter, or safety, in a manner that
1053 creates a substantial probability of imminent death, serious
1054 physical debilitation, or disease; or
1055 (b) Is substantially unable to make an informed treatment
1056 choice and needs care or treatment to prevent deterioration.
1057 (38) “Real and present threat of substantial harm”
1058 includes, but is not limited to, evidence of a substantial
1059 probability that the untreated person will:
1060 (a) Lack, refuse, or not receive services for health and
1061 safety which are actually available in the community; or
1062 (b) Suffer severe mental, emotional, or physical harm that
1063 will result in the loss of his or her ability to function in the
1064 community or the loss of cognitive or volitional control over
1065 thoughts or actions.
1066 Section 18. Section 397.416, Florida Statutes, is amended
1067 to read:
1068 397.416 Substance abuse treatment services; qualified
1069 professional.—Notwithstanding any other provision of law, a
1070 person who was certified through a certification process
1071 recognized by the former Department of Health and Rehabilitative
1072 Services before January 1, 1995, may perform the duties of a
1073 qualified professional with respect to substance abuse treatment
1074 services as defined in this chapter, and need not meet the
1075 certification requirements contained in s. 397.311(36) s.
1076 397.311(35).
1077 Section 19. Subsection (11) is added to section 397.501,
1078 Florida Statutes, to read:
1079 397.501 Rights of individuals.—Individuals receiving
1080 substance abuse services from any service provider are
1081 guaranteed protection of the rights specified in this section,
1082 unless otherwise expressly provided, and service providers must
1083 ensure the protection of such rights.
1084 (11) POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, the
1085 facility must inform a respondent with a serious substance use
1086 disorder of the essential elements of recovery and provide
1087 assistance with accessing a continuum of care regimen. The
1088 department may adopt rules specifying the services that may be
1089 provided to such respondents.
1090 Section 20. Section 397.675, Florida Statutes, is amended
1091 to read:
1092 397.675 Criteria for involuntary admissions, including
1093 protective custody, emergency admission, and other involuntary
1094 assessment, involuntary treatment, and alternative involuntary
1095 assessment for minors, for purposes of assessment and
1096 stabilization, and for involuntary treatment.—A person meets the
1097 criteria for involuntary admission if there is good faith reason
1098 to believe that the person is substance abuse impaired or has a
1099 substance use disorder and a co-occurring mental health disorder
1100 and, because of such impairment or disorder:
1101 (1) Has lost the power of self-control with respect to
1102 substance abuse, or has a history of noncompliance with
1103 substance abuse treatment with continued substance use; and
1104 (2)(a) Is in need of substance abuse services and, by
1105 reason of substance abuse impairment, his or her judgment has
1106 been so impaired that he or she is refusing voluntary care after
1107 a sufficient and conscientious explanation and disclosure of the
1108 purpose for such services, or is incapable of appreciating his
1109 or her need for such services and of making a rational decision
1110 in that regard, although mere refusal to receive such services
1111 does not constitute evidence of lack of judgment with respect to
1112 his or her need for such services; and or
1113 (3)(a)(b) Without care or treatment, is likely to suffer
1114 from neglect or refuse to care for himself or herself; that such
1115 neglect or refusal poses a real and present threat of
1116 substantial harm to his or her well-being; and that it is not
1117 apparent that such harm may be avoided through the help of
1118 willing, able, and responsible family members or friends or the
1119 provision of other services;, or
1120 (b) There is substantial likelihood that in the near future
1121 and without services, the person will inflict serious harm to
1122 self or others, as evidenced by recent acts, omissions, or
1123 behavior causing, attempting, or threatening such harm, which
1124 includes, but is not limited to, significant property damage has
1125 inflicted, or threatened to or attempted to inflict, or, unless
1126 admitted, is likely to inflict, physical harm on himself,
1127 herself, or another.
1128 Section 21. Subsection (1) of section 397.6751, Florida
1129 Statutes, is amended to read:
1130 397.6751 Service provider responsibilities regarding
1131 involuntary admissions.—
1132 (1) It is the responsibility of the service provider to:
1133 (a) Ensure that a person who is admitted to a licensed
1134 service component meets the admission criteria specified in s.
1135 397.675;
1136 (b) Ascertain whether the medical and behavioral conditions
1137 of the person, as presented, are beyond the safe management
1138 capabilities of the service provider;
1139 (c) Provide for the admission of the person to the service
1140 component that represents the most appropriate and least
1141 restrictive available setting that is responsive to the person’s
1142 treatment needs;
1143 (d) Verify that the admission of the person to the service
1144 component does not result in a census in excess of its licensed
1145 service capacity;
1146 (e) Determine whether the cost of services is within the
1147 financial means of the person or those who are financially
1148 responsible for the person’s care; and
1149 (f) Take all necessary measures to ensure that each
1150 individual in treatment is provided with a safe environment, and
1151 to ensure that each individual whose medical condition or
1152 behavioral problem becomes such that he or she cannot be safely
1153 managed by the service component is discharged and referred to a
1154 more appropriate setting for care.
1155 Section 22. Section 397.681, Florida Statutes, is amended
1156 to read:
1157 397.681 Involuntary petitions; general provisions; court
1158 jurisdiction and right to counsel.—
1159 (1) JURISDICTION.—The courts have jurisdiction of
1160 involuntary assessment and stabilization petitions and
1161 involuntary treatment petitions for substance abuse impaired
1162 persons, and such petitions must be filed with the clerk of the
1163 court in the county where the person is located or resides. The
1164 clerk of the court may not charge a fee for the filing of a
1165 petition under this section. The chief judge may appoint a
1166 general or special magistrate to preside over all or part of the
1167 proceedings related to the petition or any ancillary matters
1168 thereto, which include, but are not limited to, writs of habeas
1169 corpus issued pursuant to s. 397.501(9). The alleged impaired
1170 person is named as the respondent.
1171 (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
1172 at every stage of a proceeding relating to a petition for his or
1173 her involuntary assessment and a petition for his or her
1174 involuntary treatment for substance abuse impairment. A
1175 respondent who desires counsel and is unable to afford private
1176 counsel has the right to court-appointed counsel and to the
1177 benefits of s. 57.081. If the court believes that the respondent
1178 needs the assistance of counsel, the court shall appoint such
1179 counsel for the respondent without regard to the respondent’s
1180 wishes. If the respondent is a minor not otherwise represented
1181 in the proceeding, the court shall immediately appoint a
1182 guardian ad litem to act on the minor’s behalf.
1183 (3) STATE REPRESENTATIVE.—Subject to legislative
1184 appropriation, for all court-involved involuntary proceedings
1185 under this chapter in which the petitioner has not retained
1186 private counsel, the state attorney for the circuit in which the
1187 respondent is located shall represent the state rather than the
1188 petitioner as the real party of interest in the proceeding, but
1189 the petitioner has the right to be heard. Furthermore, the state
1190 attorney may not use any record obtained under this part for
1191 criminal investigation or prosecution purposes, or for any
1192 purpose other than the respondent’s civil commitment under this
1193 chapter. Any record obtained under this subsection must remain
1194 confidential.
1195 Section 23. Section 397.6811, Florida Statutes, is
1196 repealed.
1197 Section 24. Section 397.6814, Florida Statutes, is
1198 repealed.
1199 Section 25. Section 397.6815, Florida Statutes, is
1200 repealed.
1201 Section 26. Section 397.6818, Florida Statutes, is
1202 repealed.
1203 Section 27. Section 397.6819, Florida Statutes, is
1204 repealed.
1205 Section 28. Section 397.6821, Florida Statutes, is
1206 repealed.
1207 Section 29. Section 397.6822, Florida Statutes, is
1208 repealed.
1209 Section 30. Section 397.693, Florida Statutes, is amended
1210 to read:
1211 397.693 Involuntary treatment.—A person may be the subject
1212 of a petition for court-ordered involuntary treatment pursuant
1213 to this part, if that person:
1214 (1) Reasonably appears to meet meets the criteria for
1215 involuntary admission provided in s. 397.675; and:
1216 (2)(1) Has been placed under protective custody pursuant to
1217 s. 397.677 within the previous 10 days;
1218 (3)(2) Has been subject to an emergency admission pursuant
1219 to s. 397.679 within the previous 10 days; or
1220 (4)(3) Has been assessed by a qualified professional within
1221 30 5 days;
1222 (4) Has been subject to involuntary assessment and
1223 stabilization pursuant to s. 397.6818 within the previous 12
1224 days; or
1225 (5) Has been subject to alternative involuntary admission
1226 pursuant to s. 397.6822 within the previous 12 days.
1227 Section 31. Section 397.695, Florida Statutes, is amended
1228 to read:
1229 397.695 Involuntary treatment services; persons who may
1230 petition.—
1231 (1) If the respondent is an adult, a petition for
1232 involuntary treatment services may be filed by the respondent’s
1233 spouse or legal guardian, any relative, a service provider, or
1234 an adult who has direct personal knowledge of the respondent’s
1235 substance abuse impairment and his or her prior course of
1236 assessment and treatment.
1237 (2) If the respondent is a minor, a petition for
1238 involuntary treatment may be filed by a parent, legal guardian,
1239 or service provider.
1240 (3) The court or the clerk of the court may waive or
1241 prohibit any service of process fees if a petitioner is
1242 determined to be indigent under s. 57.082.
1243 Section 32. Section 397.6951, Florida Statutes, is amended
1244 to read:
1245 397.6951 Contents of petition for involuntary treatment
1246 services.—
1247 (1) A petition for involuntary treatment services must
1248 contain the name of the respondent; the name of the petitioner
1249 or petitioners; the relationship between the respondent and the
1250 petitioner; the name of the respondent’s attorney, if known; the
1251 findings and recommendations of the assessment performed by the
1252 qualified professional; and the factual allegations presented by
1253 the petitioner establishing the need for involuntary outpatient
1254 services for substance abuse impairment. The factual allegations
1255 must demonstrate the reason for the petitioner’s belief that the
1256 respondent:
1257 (1) The reason for the petitioner’s belief that the
1258 respondent is substance abuse impaired;
1259 (a)(2) The reason for the petitioner’s belief that because
1260 of such impairment the respondent Has lost the power of self
1261 control with respect to substance abuse, or has a history of
1262 noncompliance with substance abuse treatment with continued
1263 substance use; and
1264 (b) Needs substance abuse services, but his or her judgment
1265 is so impaired by substance abuse that he or she either is
1266 refusing voluntary care after a sufficient and conscientious
1267 explanation and disclosure of the purpose of such services, or
1268 is incapable of appreciating his or her need for such services
1269 and of making a rational decision in that regard; and
1270 (c)1. Without services, is likely to suffer from neglect or
1271 refuse to care for himself or herself; that the neglect or
1272 refusal poses a real and present threat of substantial harm to
1273 his or her well-being; and that it is not apparent that the harm
1274 may be avoided through the help of willing, able, and
1275 responsible family members or friends or the provision of other
1276 services; or
1277 2. There is a substantial likelihood that in the near
1278 future and without services, the respondent will inflict serious
1279 harm to self or others, as evidenced by recent acts, omissions,
1280 or behavior causing, attempting, or threatening such harm, which
1281 includes, but is not limited to, significant property damage
1282 (3)(a) The reason the petitioner believes that the
1283 respondent has inflicted or is likely to inflict physical harm
1284 on himself or herself or others unless the court orders the
1285 involuntary services; or
1286 (b) The reason the petitioner believes that the
1287 respondent’s refusal to voluntarily receive care is based on
1288 judgment so impaired by reason of substance abuse that the
1289 respondent is incapable of appreciating his or her need for care
1290 and of making a rational decision regarding that need for care.
1291 (2) The petition may be accompanied by a certificate or
1292 report of a qualified professional or a licensed physician who
1293 examined the respondent within 30 days before the petition was
1294 filed. This certificate or report must include the qualified
1295 professional or physician’s findings relating to his or her
1296 assessment of the patient and his or her treatment
1297 recommendations. If the respondent was not assessed before the
1298 filing of a treatment petition or refused to submit to an
1299 evaluation, the lack of assessment or refusal must be noted in
1300 the petition.
1301 (3) If there is an emergency, the petition must also
1302 describe the respondent’s exigent circumstances and include a
1303 request for an ex parte assessment and stabilization order that
1304 must be executed pursuant to s. 397.6955(4).
1305 Section 33. Section 397.6955, Florida Statutes, is amended
1306 to read:
1307 397.6955 Duties of court upon filing of petition for
1308 involuntary treatment services.—
1309 (1) Upon the filing of a petition for involuntary treatment
1310 services for a substance abuse impaired person with the clerk of
1311 the court which does not indicate that the petitioner has
1312 retained private counsel, the clerk must notify the state
1313 attorney’s office. In addition, the court shall immediately
1314 determine whether the respondent is represented by an attorney
1315 or whether the appointment of counsel for the respondent is
1316 appropriate. If, based on the contents of the petition, the
1317 court appoints counsel for the person, the clerk of the court
1318 shall immediately notify the office of criminal conflict and
1319 civil regional counsel, created pursuant to s. 27.511, of the
1320 appointment. The office of criminal conflict and civil regional
1321 counsel shall represent the person until the petition is
1322 dismissed, the court order expires, or the person is discharged
1323 from involuntary treatment services, or the office is otherwise
1324 discharged by the court. An attorney that represents the person
1325 named in the petition shall have access to the person,
1326 witnesses, and records relevant to the presentation of the
1327 person’s case and shall represent the interests of the person,
1328 regardless of the source of payment to the attorney.
1329 (2) The court shall schedule a hearing to be held on the
1330 petition within 10 court working 5 days unless a continuance is
1331 granted. The court may appoint a magistrate to preside at the
1332 hearing.
1333 (3) A copy of the petition and notice of the hearing must
1334 be provided to the respondent; the respondent’s parent,
1335 guardian, or legal custodian, in the case of a minor; the
1336 respondent’s attorney, if known; the petitioner; the
1337 respondent’s spouse or guardian, if applicable; and such other
1338 persons as the court may direct. If the respondent is a minor, a
1339 copy of the petition and notice of the hearing must be
1340 personally delivered to the respondent. The clerk court shall
1341 also issue a summons to the person whose admission is sought,
1342 and unless a circuit court’s chief judge authorizes
1343 disinterested private process servers to serve parties under
1344 this chapter, a law enforcement agency must effect service for
1345 the initial treatment hearing.
1346 (4)(a) When the petitioner asserts that emergency
1347 circumstances exist, or when upon review of the petition the
1348 court determines that an emergency exists, the court may rely
1349 solely on the contents of the petition and, without the
1350 appointment of an attorney, enter an ex parte order for the
1351 respondent’s involuntary assessment and stabilization which must
1352 be executed during the period when the hearing on the petition
1353 for treatment is pending. The court may further order a law
1354 enforcement officer or other designated agent of the court to:
1355 1. Take the respondent into custody and deliver him or her
1356 to either the nearest appropriate licensed service provider or a
1357 licensed service provider designated by the court to be
1358 evaluated; and
1359 2. Serve the respondent with the notice of hearing and a
1360 copy of the petition.
1361 (b) The service provider must promptly inform the court and
1362 parties of the respondent’s arrival and may not hold the
1363 respondent for longer than 72 hours of observation thereafter,
1364 unless:
1365 1. The service provider seeks additional time under s.
1366 397.6957(1)(c) and the court, after a hearing, grants that
1367 motion;
1368 2. The respondent shows signs of withdrawal, or a need to
1369 be either detoxified or treated for a medical condition, which
1370 shall extend the amount of time the respondent may be held for
1371 observation until the issue is resolved; or
1372 3. The original or extended observation period ends on a
1373 weekend or holiday, in which case the provider may hold the
1374 respondent until the next court working day.
1375 (c) If the ex parte order was not executed by the initial
1376 hearing date, it shall be deemed void. However, should the
1377 respondent not appear at the hearing for any reason, including
1378 lack of service, and upon reviewing the petition, testimony, and
1379 evidence presented, the court reasonably believes the respondent
1380 meets this chapter’s commitment criteria and that a substance
1381 abuse emergency exists, the court may issue or reissue an ex
1382 parte assessment and stabilization order that is valid for 90
1383 days. If the respondent’s location is known at the time of the
1384 hearing, the court:
1385 1. Shall continue the case for no more than 10 court
1386 working days; and
1387 2. May order a law enforcement officer or other designated
1388 agent of the court to:
1389 a. Take the respondent into custody and deliver him or her
1390 to be evaluated either by the nearest appropriate licensed
1391 service provider or by a licensed service provider designated by
1392 the court; and
1393 b. If a hearing date is set, serve the respondent with
1394 notice of the rescheduled hearing and a copy of the involuntary
1395 treatment petition if the respondent has not already been
1396 served.
1397
1398 Otherwise, the petitioner and the service provider must promptly
1399 inform the court that the respondent has been assessed so that
1400 the court may schedule a hearing as soon as practicable. The
1401 service provider must serve the respondent, before his or her
1402 discharge, with the notice of hearing and a copy of the
1403 petition. However, if the respondent has not been assessed
1404 within 90 days, the court must dismiss the case.
1405 Section 34. Section 397.6957, Florida Statutes, is amended
1406 to read:
1407 397.6957 Hearing on petition for involuntary treatment
1408 services.—
1409 (1)(a) The respondent must be present at a hearing on a
1410 petition for involuntary treatment services unless he or she
1411 knowingly, intelligently, and voluntarily waives his or her
1412 right to be present or, upon receiving proof of service and
1413 evaluating the circumstances of the case, the court finds that
1414 his or her presence is inconsistent with his or her best
1415 interests or is likely to be injurious to himself or herself or
1416 others., The court shall hear and review all relevant evidence,
1417 including testimony from individuals such as family members
1418 familiar with the respondent’s prior history and how it relates
1419 to his or her current condition, and the review of results of
1420 the assessment completed by the qualified professional in
1421 connection with this chapter. The court may also order drug
1422 tests. Absent a showing of good cause, such as specific symptoms
1423 of the respondent’s condition, the court may permit all
1424 witnesses, such as any medical professionals or personnel who
1425 are or have been involved with the respondent’s treatment, to
1426 remotely attend and testify at the hearing under oath via the
1427 most appropriate and convenient technological method of
1428 communication available to the court, including, but not limited
1429 to, teleconference. Any witness intending to remotely attend and
1430 testify at the hearing must provide the parties with all
1431 relevant documents by the close of business on the day before
1432 the hearing the respondent’s protective custody, emergency
1433 admission, involuntary assessment, or alternative involuntary
1434 admission. The respondent must be present unless the court finds
1435 that his or her presence is likely to be injurious to himself or
1436 herself or others, in which event the court must appoint a
1437 guardian advocate to act in behalf of the respondent throughout
1438 the proceedings.
1439 (b) A respondent cannot be involuntarily ordered into
1440 treatment under this chapter without a clinical assessment being
1441 performed, unless he or she is present in court and expressly
1442 waives the assessment. In nonemergency situations, if the
1443 respondent was not, or had previously refused to be, assessed by
1444 a qualified professional and, based on the petition, testimony,
1445 and evidence presented, it reasonably appears that the
1446 respondent qualifies for involuntary treatment services, the
1447 court shall issue an involuntary assessment and stabilization
1448 order to determine the appropriate level of treatment the
1449 respondent requires. Additionally, in cases where an assessment
1450 was attached to the petition, the respondent may request, or the
1451 court on its own motion may order, an independent assessment by
1452 a court-appointed physician or an otherwise agreed-upon
1453 physician. If an assessment order is issued, it is valid for 90
1454 days, and if the respondent is present or there is either proof
1455 of service or his or her location is known, the involuntary
1456 treatment hearing shall be continued for no more than 10 court
1457 working days. Otherwise, the petitioner and the service provider
1458 must promptly inform the court that the respondent has been
1459 assessed so that the court may schedule a hearing as soon as
1460 practicable. The service provider shall then serve the
1461 respondent, before his or her discharge, with the notice of
1462 hearing and a copy of the petition. The assessment must occur
1463 before the new hearing date, and if there is evidence indicating
1464 that the respondent will not voluntarily appear at the
1465 forthcoming hearing, or is a danger to self or others, the court
1466 may enter a preliminary order committing the respondent to an
1467 appropriate treatment facility for further evaluation until the
1468 date of the rescheduled hearing. However, if after 90 days the
1469 respondent remains unassessed, the court shall dismiss the case.
1470 (c)1. The respondent’s assessment by a qualified
1471 professional must occur within 72 hours after his or her arrival
1472 at a licensed service provider unless he or she shows signs of
1473 withdrawal or a need to be either detoxified or treated for a
1474 medical condition, which shall extend the amount of time the
1475 respondent may be held for observation until that issue is
1476 resolved. If the person conducting the assessment is not a
1477 licensed physician, the assessment must be reviewed by a
1478 licensed physician within the 72-hour period. If the respondent
1479 is a minor, such assessment must be initiated within the first
1480 12 hours after the minor’s admission to the facility. The
1481 service provider may also move to extend the 72 hours of
1482 observation by petitioning the court in writing for additional
1483 time. The service provider must furnish copies of such motion to
1484 all parties in accordance with applicable confidentiality
1485 requirements, and, after a hearing, the court may grant
1486 additional time or expedite the respondent’s involuntary
1487 treatment hearing. The involuntary treatment hearing, however,
1488 may be expedited only by agreement of the parties on the hearing
1489 date or if there is notice and proof of service as provided in
1490 s. 397.6955 (1) and (3). If the court grants the service
1491 provider’s petition, the service provider may hold the
1492 respondent until its extended assessment period expires or until
1493 the expedited hearing date. However, if the original or extended
1494 observation period ends on a weekend or holiday, the provider
1495 may hold the respondent until the next court working day.
1496 2. Upon the completion of his or her report, the qualified
1497 professional, in accordance with applicable confidentiality
1498 requirements, shall provide copies to the court and all relevant
1499 parties and counsel. This report must contain a recommendation
1500 on the level, if any, of substance abuse and, if applicable, co
1501 occurring mental health treatment the respondent requires. The
1502 qualified professional’s failure to include a treatment
1503 recommendation, much like a recommendation of no treatment,
1504 shall result in the petition’s dismissal.
1505 (d) The court may order a law enforcement officer or other
1506 designated agent of the court to take the respondent into
1507 custody and transport him or her to or from the treating or
1508 assessing service provider and the court for his or her hearing.
1509 (2) The petitioner has the burden of proving by clear and
1510 convincing evidence that:
1511 (a) The respondent is substance abuse impaired, has lost
1512 the power of self-control with respect to substance abuse, or
1513 and has a history of lack of compliance with treatment for
1514 substance abuse with continued substance use; and
1515 (b) Because of such impairment, the respondent is unlikely
1516 to voluntarily participate in the recommended services after
1517 sufficient and conscientious explanation and disclosure of their
1518 purpose, or is unable to determine for himself or herself
1519 whether services are necessary and make a rational decision in
1520 that regard; and:
1521 (c)1. Without services, the respondent is likely to suffer
1522 from neglect or refuse to care for himself or herself; that such
1523 neglect or refusal poses a real and present threat of
1524 substantial harm to his or her well-being; and that it is not
1525 apparent that such harm may be avoided through the help of
1526 willing, able, and responsible family members or friends or the
1527 provision of other services; or
1528 2. There is a substantial likelihood that in the near
1529 future and without services, the respondent will inflict serious
1530 harm to self or others, as evidenced by recent acts, omissions,
1531 or behavior causing, attempting, or threatening such harm, which
1532 includes, but is not limited to, significant property damage
1533 cause serious bodily harm to himself, herself, or another in the
1534 near future, as evidenced by recent behavior; or
1535 2. The respondent’s refusal to voluntarily receive care is
1536 based on judgment so impaired by reason of substance abuse that
1537 the respondent is incapable of appreciating his or her need for
1538 care and of making a rational decision regarding that need for
1539 care.
1540 (3) One of the qualified professionals who executed the
1541 involuntary services certificate must be a witness. The court
1542 shall allow testimony from individuals, including family
1543 members, deemed by the court to be relevant under state law,
1544 regarding the respondent’s prior history and how that prior
1545 history relates to the person’s current condition. The Testimony
1546 in the hearing must be taken under oath, and the proceedings
1547 must be recorded. The respondent patient may refuse to testify
1548 at the hearing.
1549 (4) If at any point during the hearing the court has reason
1550 to believe that the respondent, due to mental illness other than
1551 or in addition to substance abuse impairment, is likely to
1552 neglect or injure himself, herself, or another if allowed to
1553 remain at liberty, or otherwise meets the involuntary commitment
1554 provisions of part I of chapter 394, the court may initiate
1555 involuntary examination proceedings under such provisions.
1556 (5)(4) At the conclusion of the hearing, the court shall
1557 either dismiss the petition or order the respondent to receive
1558 involuntary treatment services from his or her chosen licensed
1559 service provider if possible and appropriate. Any treatment
1560 order must include findings regarding the respondent’s need for
1561 treatment and the appropriateness of other less restrictive
1562 alternatives.
1563 Section 35. Section 397.697, Florida Statutes, is amended
1564 to read:
1565 397.697 Court determination; effect of court order for
1566 involuntary treatment services.—
1567 (1)(a) When the court finds that the conditions for
1568 involuntary treatment services have been proved by clear and
1569 convincing evidence, it may order the respondent to receive
1570 involuntary treatment services from a publicly funded licensed
1571 service provider for a period not to exceed 90 days. The court
1572 may also order a respondent to undergo treatment through a
1573 privately funded licensed service provider if the respondent has
1574 the ability to pay for the treatment, or if any person on the
1575 respondent’s behalf voluntarily demonstrates a willingness and
1576 an ability to pay for the treatment. If the court finds it
1577 necessary, it may direct the sheriff to take the respondent into
1578 custody and deliver him or her to the licensed service provider
1579 specified in the court order, or to the nearest appropriate
1580 licensed service provider, for involuntary treatment services.
1581 When the conditions justifying involuntary treatment services no
1582 longer exist, the individual must be released as provided in s.
1583 397.6971. When the conditions justifying involuntary treatment
1584 services are expected to exist after 90 days of treatment
1585 services, a renewal of the involuntary treatment services order
1586 may be requested pursuant to s. 397.6975 before the end of the
1587 90-day period.
1588 (b) To qualify for involuntary outpatient treatment, an
1589 individual must be supported by a social worker or case manager
1590 of a licensed service provider or a willing, able, and
1591 responsible individual appointed by the court who shall inform
1592 the court and parties if the respondent fails to comply with his
1593 or her outpatient program. In addition, unless the respondent
1594 has been involuntarily ordered into inpatient treatment under
1595 this chapter at least twice during the last 36 months, or
1596 demonstrates the ability to substantially comply with the
1597 outpatient treatment while waiting for residential placement to
1598 become available, he or she must receive an assessment from a
1599 qualified professional or licensed physician expressly
1600 recommending outpatient services, such services must be
1601 available in the county in which the respondent is located, and
1602 it must appear likely that the respondent will follow a
1603 prescribed outpatient care plan.
1604 (2) In all cases resulting in an order for involuntary
1605 treatment services, the court shall retain jurisdiction over the
1606 case and the parties for the entry of such further orders as the
1607 circumstances may require, including, but not limited to,
1608 monitoring compliance with treatment, changing the treatment
1609 modality, or initiating contempt of court proceedings for
1610 violating any valid order issued pursuant to this chapter.
1611 Hearings under this section may be set by motion of the parties
1612 or under the court’s own authority, and the motion and notice of
1613 hearing for these ancillary proceedings, which include, but are
1614 not limited to, civil contempt, must be served in accordance
1615 with relevant court procedural rules. The court’s requirements
1616 for notification of proposed release must be included in the
1617 original order.
1618 (3) An involuntary treatment services order also authorizes
1619 the licensed service provider to require the individual to
1620 receive treatment services that will benefit him or her,
1621 including treatment services at any licensable service component
1622 of a licensed service provider. While subject to the court’s
1623 oversight, the service provider’s authority under this section
1624 is separate and distinct from the court’s broad continuing
1625 jurisdiction under subsection (2). Such oversight includes, but
1626 is not limited to, submitting reports regarding the respondent’s
1627 progress or compliance with treatment as required by the court.
1628 (4) If the court orders involuntary treatment services, a
1629 copy of the order must be sent to the managing entity within 1
1630 working day after it is received from the court. Documents may
1631 be submitted electronically through though existing data
1632 systems, if applicable.
1633 Section 36. Section 397.6971, Florida Statutes, is amended
1634 to read:
1635 397.6971 Early release from involuntary treatment
1636 services.—
1637 (1) At any time before the end of the 90-day involuntary
1638 treatment services period, or before the end of any extension
1639 granted pursuant to s. 397.6975, an individual receiving
1640 involuntary treatment services may be determined eligible for
1641 discharge to the most appropriate referral or disposition for
1642 the individual when any of the following apply:
1643 (a) The individual no longer meets the criteria for
1644 involuntary admission and has given his or her informed consent
1645 to be transferred to voluntary treatment status.
1646 (b) If the individual was admitted on the grounds of
1647 likelihood of self-neglect or the infliction of physical harm
1648 upon himself or herself or others, such likelihood no longer
1649 exists.
1650 (c) If the individual was admitted on the grounds of need
1651 for assessment and stabilization or treatment, accompanied by
1652 inability to make a determination respecting such need:
1653 1. Such inability no longer exists; or
1654 2. It is evident that further treatment will not bring
1655 about further significant improvements in the individual’s
1656 condition.
1657 (d) The individual is no longer needs treatment in need of
1658 services.
1659 (e) The director of the service provider determines that
1660 the individual is beyond the safe management capabilities of the
1661 provider.
1662 (2) Whenever a qualified professional determines that an
1663 individual admitted for involuntary treatment services qualifies
1664 for early release under subsection (1), the service provider
1665 shall immediately discharge the individual and must notify all
1666 persons specified by the court in the original treatment order.
1667 Section 37. Section 397.6975, Florida Statutes, is amended
1668 to read:
1669 397.6975 Extension of involuntary treatment services
1670 period.—
1671 (1) Whenever a service provider believes that an individual
1672 who is nearing the scheduled date of his or her release from
1673 involuntary treatment services continues to meet the criteria
1674 for involuntary treatment services in s. 397.693 or s. 397.6957,
1675 a petition for renewal of the involuntary treatment services
1676 order must may be filed with the court at least 10 days before
1677 the expiration of the court-ordered services period. The
1678 petition may be filed by the service provider or by the person
1679 who filed the petition for the initial treatment order if the
1680 petition is accompanied by supporting documentation from the
1681 service provider. The court shall immediately schedule a hearing
1682 within 10 court working to be held not more than 15 days after
1683 filing of the petition and. The court shall provide the copy of
1684 the petition for renewal and the notice of the hearing to all
1685 parties and counsel to the proceeding. The hearing is conducted
1686 pursuant to ss. 397.6957 and 397.697 and must be before the
1687 circuit court unless referred to a magistrate s. 397.6957.
1688 (2) If the court finds that the petition for renewal of the
1689 involuntary treatment services order should be granted, it may
1690 order the respondent to receive involuntary treatment services
1691 for a period not to exceed an additional 90 days. When the
1692 conditions justifying involuntary treatment services no longer
1693 exist, the individual must be released as provided in s.
1694 397.6971. When the conditions justifying involuntary treatment
1695 services continue to exist after an additional 90 days of
1696 treatment service, a new petition requesting renewal of the
1697 involuntary treatment services order may be filed pursuant to
1698 this section.
1699 (3) Within 1 court working day after the filing of a
1700 petition for continued involuntary services, the court shall
1701 appoint the office of criminal conflict and civil regional
1702 counsel to represent the respondent, unless the respondent is
1703 otherwise represented by counsel. The clerk of the court shall
1704 immediately notify the office of criminal conflict and civil
1705 regional counsel of such appointment. The office of criminal
1706 conflict and civil regional counsel shall represent the
1707 respondent until the petition is dismissed or the court order
1708 expires or the respondent is discharged from involuntary
1709 services. Any attorney representing the respondent shall have
1710 access to the respondent, witnesses, and records relevant to the
1711 presentation of the respondent’s case and shall represent the
1712 interests of the respondent, regardless of the source of payment
1713 to the attorney.
1714 (4) Hearings on petitions for continued involuntary
1715 services shall be before the circuit court. The court may
1716 appoint a magistrate to preside at the hearing. The procedures
1717 for obtaining an order pursuant to this section shall be in
1718 accordance with s. 397.697.
1719 (5) Notice of hearing shall be provided to the respondent
1720 or his or her counsel. The respondent and the respondent’s
1721 counsel may agree to a period of continued involuntary services
1722 without a court hearing.
1723 (6) The same procedure shall be repeated before the
1724 expiration of each additional period of involuntary services.
1725 (7) If the respondent has previously been found incompetent
1726 to consent to treatment, the court shall consider testimony and
1727 evidence regarding the respondent’s competence.
1728 Section 38. Section 397.6977, Florida Statutes, is amended
1729 to read:
1730 397.6977 Disposition of individual upon completion of
1731 involuntary treatment services.—At the conclusion of the 90-day
1732 period of court-ordered involuntary treatment services, the
1733 respondent is automatically discharged unless a motion for
1734 renewal of the involuntary treatment services order has been
1735 filed with the court pursuant to s. 397.6975.
1736 Section 39. Section 397.6978, Florida Statutes, is
1737 repealed.
1738 Section 40. Paragraph (b) of subsection (1) of section
1739 409.972, Florida Statutes, is amended to read:
1740 409.972 Mandatory and voluntary enrollment.—
1741 (1) The following Medicaid-eligible persons are exempt from
1742 mandatory managed care enrollment required by s. 409.965, and
1743 may voluntarily choose to participate in the managed medical
1744 assistance program:
1745 (b) Medicaid recipients residing in residential commitment
1746 facilities operated through the Department of Juvenile Justice
1747 or a treatment facility as defined in s. 394.455 s. 394.455(48).
1748 Section 41. Paragraph (e) of subsection (4) of section
1749 464.012, Florida Statutes, is amended to read:
1750 464.012 Licensure of advanced practice registered nurses;
1751 fees; controlled substance prescribing.—
1752 (4) In addition to the general functions specified in
1753 subsection (3), an advanced practice registered nurse may
1754 perform the following acts within his or her specialty:
1755 (e) A psychiatric nurse, who meets the requirements in s.
1756 394.455(37) s. 394.455(36), within the framework of an
1757 established protocol with a psychiatrist, may prescribe
1758 psychotropic controlled substances for the treatment of mental
1759 disorders.
1760 Section 42. Subsection (7) of section 744.2007, Florida
1761 Statutes, is amended to read:
1762 744.2007 Powers and duties.—
1763 (7) A public guardian may not commit a ward to a treatment
1764 facility, as defined in s. 394.455 s. 394.455(48), without an
1765 involuntary placement proceeding as provided by law.
1766 Section 43. Paragraph (a) of subsection (2) of section
1767 790.065, Florida Statutes, is amended to read:
1768 790.065 Sale and delivery of firearms.—
1769 (2) Upon receipt of a request for a criminal history record
1770 check, the Department of Law Enforcement shall, during the
1771 licensee’s call or by return call, forthwith:
1772 (a) Review any records available to determine if the
1773 potential buyer or transferee:
1774 1. Has been convicted of a felony and is prohibited from
1775 receipt or possession of a firearm pursuant to s. 790.23;
1776 2. Has been convicted of a misdemeanor crime of domestic
1777 violence, and therefore is prohibited from purchasing a firearm;
1778 3. Has had adjudication of guilt withheld or imposition of
1779 sentence suspended on any felony or misdemeanor crime of
1780 domestic violence unless 3 years have elapsed since probation or
1781 any other conditions set by the court have been fulfilled or
1782 expunction has occurred; or
1783 4. Has been adjudicated mentally defective or has been
1784 committed to a mental institution by a court or as provided in
1785 sub-sub-subparagraph b.(II), and as a result is prohibited by
1786 state or federal law from purchasing a firearm.
1787 a. As used in this subparagraph, “adjudicated mentally
1788 defective” means a determination by a court that a person, as a
1789 result of marked subnormal intelligence, or mental illness,
1790 incompetency, condition, or disease, is a danger to himself or
1791 herself or to others or lacks the mental capacity to contract or
1792 manage his or her own affairs. The phrase includes a judicial
1793 finding of incapacity under s. 744.331(6)(a), an acquittal by
1794 reason of insanity of a person charged with a criminal offense,
1795 and a judicial finding that a criminal defendant is not
1796 competent to stand trial.
1797 b. As used in this subparagraph, “committed to a mental
1798 institution” means:
1799 (I) Involuntary commitment, commitment for mental
1800 defectiveness or mental illness, and commitment for substance
1801 abuse. The phrase includes involuntary inpatient placement under
1802 as defined in s. 394.467, involuntary outpatient placement as
1803 defined in s. 394.4655, involuntary assessment and stabilization
1804 under s. 397.6818, and involuntary substance abuse treatment
1805 under s. 397.6957, but does not include a person in a mental
1806 institution for observation or discharged from a mental
1807 institution based upon the initial review by the physician or a
1808 voluntary admission to a mental institution; or
1809 (II) Notwithstanding sub-sub-subparagraph (I), voluntary
1810 admission to a mental institution for outpatient or inpatient
1811 treatment of a person who had an involuntary examination under
1812 s. 394.463, where each of the following conditions have been
1813 met:
1814 (A) An examining physician found that the person is an
1815 imminent danger to himself or herself or others.
1816 (B) The examining physician certified that if the person
1817 did not agree to voluntary treatment, a petition for involuntary
1818 outpatient or inpatient treatment would have been filed under s.
1819 394.463(2)(g)4., or the examining physician certified that a
1820 petition was filed and the person subsequently agreed to
1821 voluntary treatment prior to a court hearing on the petition.
1822 (C) Before agreeing to voluntary treatment, the person
1823 received written notice of that finding and certification, and
1824 written notice that as a result of such finding, he or she may
1825 be prohibited from purchasing a firearm, and may not be eligible
1826 to apply for or retain a concealed weapon or firearms license
1827 under s. 790.06 and the person acknowledged such notice in
1828 writing, in substantially the following form:
1829
1830 “I understand that the doctor who examined me believes I am a
1831 danger to myself or to others. I understand that if I do not
1832 agree to voluntary treatment, a petition will be filed in court
1833 to require me to receive involuntary treatment. I understand
1834 that if that petition is filed, I have the right to contest it.
1835 In the event a petition has been filed, I understand that I can
1836 subsequently agree to voluntary treatment prior to a court
1837 hearing. I understand that by agreeing to voluntary treatment in
1838 either of these situations, I may be prohibited from buying
1839 firearms and from applying for or retaining a concealed weapons
1840 or firearms license until I apply for and receive relief from
1841 that restriction under Florida law.”
1842
1843 (D) A judge or a magistrate has, pursuant to sub-sub
1844 subparagraph c.(II), reviewed the record of the finding,
1845 certification, notice, and written acknowledgment classifying
1846 the person as an imminent danger to himself or herself or
1847 others, and ordered that such record be submitted to the
1848 department.
1849 c. In order to check for these conditions, the department
1850 shall compile and maintain an automated database of persons who
1851 are prohibited from purchasing a firearm based on court records
1852 of adjudications of mental defectiveness or commitments to
1853 mental institutions.
1854 (I) Except as provided in sub-sub-subparagraph (II), clerks
1855 of court shall submit these records to the department within 1
1856 month after the rendition of the adjudication or commitment.
1857 Reports shall be submitted in an automated format. The reports
1858 must, at a minimum, include the name, along with any known alias
1859 or former name, the sex, and the date of birth of the subject.
1860 (II) For persons committed to a mental institution pursuant
1861 to sub-sub-subparagraph b.(II), within 24 hours after the
1862 person’s agreement to voluntary admission, a record of the
1863 finding, certification, notice, and written acknowledgment must
1864 be filed by the administrator of the receiving or treatment
1865 facility, as defined in s. 394.455, with the clerk of the court
1866 for the county in which the involuntary examination under s.
1867 394.463 occurred. No fee shall be charged for the filing under
1868 this sub-sub-subparagraph. The clerk must present the records to
1869 a judge or magistrate within 24 hours after receipt of the
1870 records. A judge or magistrate is required and has the lawful
1871 authority to review the records ex parte and, if the judge or
1872 magistrate determines that the record supports the classifying
1873 of the person as an imminent danger to himself or herself or
1874 others, to order that the record be submitted to the department.
1875 If a judge or magistrate orders the submittal of the record to
1876 the department, the record must be submitted to the department
1877 within 24 hours.
1878 d. A person who has been adjudicated mentally defective or
1879 committed to a mental institution, as those terms are defined in
1880 this paragraph, may petition the court that made the
1881 adjudication or commitment, or the court that ordered that the
1882 record be submitted to the department pursuant to sub-sub
1883 subparagraph c.(II), for relief from the firearm disabilities
1884 imposed by such adjudication or commitment. A copy of the
1885 petition shall be served on the state attorney for the county in
1886 which the person was adjudicated or committed. The state
1887 attorney may object to and present evidence relevant to the
1888 relief sought by the petition. The hearing on the petition may
1889 be open or closed as the petitioner may choose. The petitioner
1890 may present evidence and subpoena witnesses to appear at the
1891 hearing on the petition. The petitioner may confront and cross
1892 examine witnesses called by the state attorney. A record of the
1893 hearing shall be made by a certified court reporter or by court
1894 approved electronic means. The court shall make written findings
1895 of fact and conclusions of law on the issues before it and issue
1896 a final order. The court shall grant the relief requested in the
1897 petition if the court finds, based on the evidence presented
1898 with respect to the petitioner’s reputation, the petitioner’s
1899 mental health record and, if applicable, criminal history
1900 record, the circumstances surrounding the firearm disability,
1901 and any other evidence in the record, that the petitioner will
1902 not be likely to act in a manner that is dangerous to public
1903 safety and that granting the relief would not be contrary to the
1904 public interest. If the final order denies relief, the
1905 petitioner may not petition again for relief from firearm
1906 disabilities until 1 year after the date of the final order. The
1907 petitioner may seek judicial review of a final order denying
1908 relief in the district court of appeal having jurisdiction over
1909 the court that issued the order. The review shall be conducted
1910 de novo. Relief from a firearm disability granted under this
1911 sub-subparagraph has no effect on the loss of civil rights,
1912 including firearm rights, for any reason other than the
1913 particular adjudication of mental defectiveness or commitment to
1914 a mental institution from which relief is granted.
1915 e. Upon receipt of proper notice of relief from firearm
1916 disabilities granted under sub-subparagraph d., the department
1917 shall delete any mental health record of the person granted
1918 relief from the automated database of persons who are prohibited
1919 from purchasing a firearm based on court records of
1920 adjudications of mental defectiveness or commitments to mental
1921 institutions.
1922 f. The department is authorized to disclose data collected
1923 pursuant to this subparagraph to agencies of the Federal
1924 Government and other states for use exclusively in determining
1925 the lawfulness of a firearm sale or transfer. The department is
1926 also authorized to disclose this data to the Department of
1927 Agriculture and Consumer Services for purposes of determining
1928 eligibility for issuance of a concealed weapons or concealed
1929 firearms license and for determining whether a basis exists for
1930 revoking or suspending a previously issued license pursuant to
1931 s. 790.06(10). When a potential buyer or transferee appeals a
1932 nonapproval based on these records, the clerks of court and
1933 mental institutions shall, upon request by the department,
1934 provide information to help determine whether the potential
1935 buyer or transferee is the same person as the subject of the
1936 record. Photographs and any other data that could confirm or
1937 negate identity must be made available to the department for
1938 such purposes, notwithstanding any other provision of state law
1939 to the contrary. Any such information that is made confidential
1940 or exempt from disclosure by law shall retain such confidential
1941 or exempt status when transferred to the department.
1942 Section 44. This act shall take effect July 1, 2021.