Bill Text: FL S0818 | 2019 | Regular Session | Introduced
Bill Title: Mental Health
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Judiciary [S0818 Detail]
Download: Florida-2019-S0818-Introduced.html
Florida Senate - 2019 SB 818 By Senator Book 32-00225D-19 2019818__ 1 A bill to be entitled 2 An act relating to mental health; amending s. 27.59, 3 F.S.; authorizing public defenders and regional 4 counsel to have access to persons held in a facility 5 licensed under chapter 394 or chapter 397; amending s. 6 394.455, F.S.; conforming a cross-reference; defining 7 the terms “neglect or refuse to care for himself or 8 herself” and “real and present threat of substantial 9 harm”; amending s. 394.459, F.S.; requiring that 10 respondents with a serious mental illness be afforded 11 essential elements of care and placed in a continuum 12 of care regimen; requiring the Department of Children 13 and Families to adopt certain rules; amending s. 14 394.461, F.S.; authorizing the state to establish that 15 a transfer evaluation was performed by providing the 16 court with a copy of the evaluation before the close 17 of the state’s case in chief; prohibiting the court 18 from considering substantive information in the 19 transfer evaluation unless the evaluator testifies at 20 the hearing; amending s. 394.463, F.S.; revising the 21 requirements for when a person may be taken to a 22 receiving facility for involuntary examination; 23 conforming provisions to changes made by the act; 24 amending s. 394.4655, F.S.; revising the requirements 25 for involuntary outpatient treatment; amending s. 26 394.467, F.S.; revising the requirements for when a 27 person may be ordered for involuntary inpatient 28 placement; revising requirements for continuances of 29 hearings; revising the time period in which a court is 30 required to hold a hearing on involuntary inpatient 31 placement; revising the conditions under which a court 32 may waive the requirement for a patient to be present 33 at an involuntary inpatient placement hearing; 34 authorizing the court to permit all witnesses to 35 remotely attend and testify at the hearing though 36 certain means; authorizing the state attorney to 37 access certain persons and records; revising the 38 period of time a court may require a patient to 39 receive services; providing an exception to the 40 prohibition on a court ordering certain individuals to 41 be involuntarily placed in a state treatment facility; 42 conforming a cross-reference; amending s. 397.305, 43 F.S.; revising the purposes of ch. 397, F.S.; amending 44 s. 397.311, F.S.; defining the terms “involuntary 45 treatment,” “neglect or refuse to care for himself or 46 herself,” and “real and present threat of substantial 47 harm”; amending s. 397.334, F.S.; providing 48 requirements for holding a minor in contempt of court 49 in cases that involve a minor violating an involuntary 50 treatment order; requiring service providers to 51 prioritize a minor’s placement into treatment under 52 certain circumstances; creating s. 397.412, F.S.; 53 authorizing licensed service providers to refuse an 54 individual’s request to prematurely leave a court 55 ordered involuntary treatment program under certain 56 circumstances; requiring certain licensed service 57 providers to install certain security features and 58 enact certain policies; specifying the installation of 59 such security features does not make the treatment 60 center a secure facility; amending s. 397.501, F.S.; 61 requiring that respondents with serious substance 62 abuse addictions be afforded essential elements of 63 care and placed in a continuum of care regimen; 64 requiring the department to adopt certain rules; 65 amending s. 397.675, F.S.; revising the criteria for 66 involuntary admissions; amending s. 397.6751, F.S.; 67 revising the responsibilities of a service provider; 68 amending s. 397.681, F.S.; requiring that the state 69 attorney represent the state as the real party of 70 interest in an involuntary proceeding; authorizing the 71 state attorney to access certain persons and records; 72 specifying that certain changes are contingent on 73 legislative funding; conforming provisions to changes 74 made by the act; repealing s. 397.6811, F.S., relating 75 to involuntary assessment and stabilization; repealing 76 s. 397.6814, F.S., relating to petitions for 77 involuntary assessment and stabilization; repealing s. 78 397.6815, F.S., relating to involuntary assessment and 79 stabilization procedures; repealing s. 397.6818, F.S., 80 relating to court determinations for petitions for 81 involuntary assessment and stabilization; repealing s. 82 397.6819, F.S., relating to the responsibilities of 83 licensed service providers with regard to involuntary 84 assessment and stabilization; repealing s. 397.6821, 85 F.S., relating to extensions of time for completion of 86 involuntary assessment and stabilization; repealing s. 87 397.6822, F.S., relating to the disposition of 88 individuals after involuntary assessments; amending s. 89 397.693, F.S.; revising the circumstances under which 90 a person is eligible for court-ordered involuntary 91 treatment; amending s. 397.695, F.S.; authorizing the 92 court or clerk of the court to waive or prohibit any 93 service of process fees for an indigent petitioner; 94 amending s. 397.6951, F.S.; revising the requirements 95 for the contents of a petition for involuntary 96 treatment; providing that a petitioner may include a 97 certificate or report of a qualified professional with 98 the petition; requiring the certificate or report to 99 contain certain information; requiring that certain 100 additional information must be included if an 101 emergency exists; amending s. 397.6955, F.S.; 102 requiring the clerk of the court to notify the state 103 attorney’s office upon the receipt of a petition filed 104 for involuntary treatment; revising when a hearing 105 must be held on the petition; providing requirements 106 for when a petitioner asserts that emergency 107 circumstances are present or the court determines that 108 an emergency exists; amending s. 397.6957, F.S.; 109 expanding the exemption from the requirement that a 110 respondent be present at a hearing on a petition for 111 involuntary treatment; authorizing the court to permit 112 all witnesses to remotely attend and testify at the 113 hearing through certain means; deleting a provision 114 requiring the court to appoint a guardian advocate 115 under certain circumstances; requiring the court to 116 give a respondent who was not assessed or had 117 previously refused to be assessed the opportunity to 118 consent to a certain examination; requiring that the 119 court reschedule and continue the hearing to allow for 120 such examination, if the respondent consents; 121 requiring that the assessment of a respondent occur 122 within a specified timeframe; authorizing a service 123 provider to petition the court for an extension of 124 time under certain circumstances; authorizing the 125 court to grant additional time to complete an 126 evaluation; requiring a qualified professional to 127 provide copies of his or her report to the court and 128 all relevant parties and counsel; authorizing certain 129 entities to take specified actions based upon the 130 involuntary assessment; authorizing a court or 131 magistrate to order certain persons to take a 132 respondent into custody and transport him or her to or 133 from certain service providers or the court; revising 134 the petitioner’s burden of proof in the hearing; 135 authorizing the court to initiate involuntary 136 proceedings under certain circumstances; requiring 137 that, if a treatment order is issued, it must include 138 certain findings; providing that a treatment order may 139 designate a specific service provider; amending s. 140 397.697, F.S.; requiring that an individual meet 141 certain requirements to qualify for involuntary 142 outpatient treatment; specifying that certain hearings 143 may be set by the motion of a party or under the 144 court’s own authority; providing requirements for 145 holding a minor in contempt of court in cases that 146 involve a minor violating an involuntary treatment 147 order; requiring service providers to prioritize a 148 minor’s placement into treatment under certain 149 circumstances; specifying that a service provider’s 150 authority is separate and distinct from the court’s 151 jurisdiction; amending s. 397.6975, F.S.; requiring 152 that a petition for renewal of involuntary treatment 153 be filed before the expiration of the court-ordered 154 treatment period; authorizing certain entities to file 155 such a petition; revising the timeframe within which 156 the court is required to schedule a hearing; 157 authorizing the court to order additional treatment 158 under certain circumstances; providing that such 159 treatment period must be deducted from time granted in 160 a subsequent extension petition; creating s. 397.6976, 161 F.S.; authorizing the court to commit certain persons 162 to inpatient or outpatient treatment, or a combination 163 thereof, without an assessment, under certain 164 circumstances; limiting the treatment period to a 165 specified number of days unless the period is 166 extended; defining the term “habitual abuser”; 167 repealing s. 397.6978, F.S., relating to the 168 appointment of guardian advocates; amending s. 169 397.706, F.S.; providing requirements for holding a 170 minor in contempt of court in cases that involve a 171 minor violating an involuntary treatment order; 172 requiring service providers to prioritize a minor’s 173 placement into treatment under certain circumstances; 174 amending ss. 394.4599, 394.4615, 397.6971, and 175 397.6977, F.S.; conforming provisions to changes made 176 by the act; amending ss. 212.055, 394.4598, 394.462, 177 394.495, 394.496, 394.9085, 397.416, 409.972, 440.102, 178 464.012, 744.2007, and 790.065, F.S.; conforming 179 cross-references; providing an effective date. 180 181 Be It Enacted by the Legislature of the State of Florida: 182 183 Section 1. Section 27.59, Florida Statutes, is amended to 184 read: 185 27.59 Access to prisoners and patients in mental health or 186 treatment facilities.—The public defenders, assistant public 187 defenders, criminal conflict and civil regional counsel, and 188 assistant regional counsel shall be empowered to inquire of all 189 persons who are incarcerated in lieu of bond or are held in a 190 facility licensed under chapter 394 or chapter 397 and to tender 191 them advice and counsel at any time., but the provisions ofThis 192 section doesshallnot applywith respectto persons who have 193 engaged private counsel. 194 Section 2. Present subsections (31) through (38) and (39) 195 through (48) of section 394.455, Florida Statutes, are 196 redesignated as subsections (32) through (39) and (41) through 197 (50), respectively, subsection (22) of that section is amended, 198 and new subsections (31) and (40) are added to that section, to 199 read: 200 394.455 Definitions.—As used in this part, the term: 201 (22) “Involuntary examination” means an examination 202 performed under s. 394.463, s. 397.6772, s. 397.679, or s. 203 397.6798, or s. 397.6811to determine whether a person qualifies 204 for involuntary services. 205 (31) “Neglect or refuse to care for himself or herself” 206 includes, but is not limited to, evidence that a person: 207 (a) Is unable to satisfy basic needs for nourishment, 208 medical care, shelter, or safety in a manner that creates a 209 substantial probability of imminent death, serious physical 210 debilitation, or disease; 211 (b) Is substantially unable to make an informed treatment 212 choice; or 213 (c) Needs care or treatment to prevent deterioration. 214 (40) “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 or 218 safety; or 219 (b) Suffer severe mental, emotional, or physical harm that 220 will result in the loss of ability to function in the community 221 or the loss of cognitive or volitional control over thoughts or 222 actions. 223 Section 3. Subsection (13) is added to section 394.459, 224 Florida Statutes, to read: 225 394.459 Rights of patients.— 226 (13) POST-DISCHARGE RIGHT TO CONTINUUM OF CARE.—Upon 227 discharge, a respondent with a serious mental illness must be 228 afforded the essential elements of recovery and placed in a 229 continuum of care regimen. The department shall adopt rules 230 specifying the services that must be provided to such 231 respondents and identifying which serious mental illnesses 232 entitle a respondent to such services. 233 Section 4. Subsection (2) of section 394.461, Florida 234 Statutes, is amended to read: 235 394.461 Designation of receiving and treatment facilities 236 and receiving systems.—The department is authorized to designate 237 and monitor receiving facilities, treatment facilities, and 238 receiving systems and may suspend or withdraw such designation 239 for failure to comply with this part and rules adopted under 240 this part. Unless designated by the department, facilities are 241 not permitted to hold or treat involuntary patients under this 242 part. 243 (2) TREATMENT FACILITY.— The department may designate any 244 state-owned, state-operated, or state-supported facility as a 245 state treatment facility. A civil patient mayshallnot be 246 admitted to a state treatment facility without previously 247 undergoing a transfer evaluation. Before the close of the 248 state’s case in chief in acourthearing for involuntary 249 placementin a state treatment facility, the state may establish 250 that the transfer evaluation was performed and the document 251 properly executed by providing the court with a copy of the 252 transfer evaluation. The court may notshall receiveand253 consider the substantive informationdocumentedin the transfer 254 evaluation unless the evaluator testifies at the hearing. Any 255 other facility, including a private facility or a federal 256 facility, may be designated as a treatment facility by the 257 department, provided that such designation is agreed to by the 258 appropriate governing body or authority of the facility. 259 Section 5. Subsection (1) and paragraphs (g) and (h) of 260 subsection (2) of section 394.463, Florida Statutes, are amended 261 to read: 262 394.463 Involuntary examination.— 263 (1) CRITERIA.—A person may be taken to a receiving facility 264 for involuntary examination if there is reason to believe that 265 the person has a mental illness and because of his or her mental 266 illness: 267 (a)1. The person has refused voluntary examination after 268 conscientious explanation and disclosure of the purpose of the 269 examination; or 270 2. The person is unable to determine for himself or herself 271 whether examination is necessary; and 272 (b)1. Without care or treatment, the person is likely to 273 suffer from neglect or refuse to care for himself or herself; 274 such neglect or refusal poses a real and present threat of 275 substantial harm to his or her well-being; and it is not 276 apparent that such harm may be avoided through the help of 277 willing, able, and responsible family members or friends or the 278 provision of other services; or 279 2. There is a substantial likelihood that without care or 280 treatment the person will cause seriousbodilyharm to himself 281 or herself or others in the near future, as evidenced by his or 282 herrecentbehavior, actions, or omissions. Such harm includes, 283 but is not limited to, property damage. 284 (2) INVOLUNTARY EXAMINATION.— 285 (g) The examination period must be for up to 72 hours. For 286 a minor, the examination shall be initiated within 12 hours 287 after the patient’s arrival at the facility. Within the 288 examination period or, if the examination period ends on a 289 weekend or holiday, no later than the next working day 290 thereafter, one of the following actions must be taken, based on 291 the individual needs of the patient: 292 1. The patient shall be released, unless he or she is 293 charged with a crime, in which case the patient shall be 294 returned to the custody of a law enforcement officer; 295 2. The patient shall be released, subject to subparagraph 296 1., for voluntary outpatient treatment; 297 3. The patient, unless he or she is charged with a crime, 298 shall be asked to give express and informed consent to placement 299 as a voluntary patient and, if such consent is given, the 300 patient shall be admitted as a voluntary patient; or 301 4. A petition for involuntary services shall be filed in 302 the circuit courtif inpatient treatment is deemed necessaryor 303 with athecriminal county court, as described in s. 394.4655 304defined in s. 394.4655(1), as applicable. When inpatient 305 treatment is deemed necessary, the least restrictive treatment 306 consistent with the optimum improvement of the patient’s 307 condition shall be made available. The petitionWhen a petition308is to be filed for involuntary outpatient placement, it shall be309filed by one of the petitioners specified in s. 394.4655(4)(a).310A petition for involuntary inpatient placementshall be filed by 311 the facility administrator. 312 (h) A person for whom an involuntary examination has been 313 initiated who is being evaluated or treated at a hospital for an 314 emergency medical condition specified in s. 395.002 must be 315 examined by a facility within the examination period specified 316 in paragraph (g). The examination period begins when the patient 317 arrives at the hospital and ceases when the attending physician 318 documents that the patient has an emergency medical condition. 319 If the patient is examined at a hospital providing emergency 320 medical services by a professional qualified to perform an 321 involuntary examination and is found as a result of that 322 examination not to meet the criteria for involuntary outpatient 323 services pursuant to s. 394.4655s. 394.4655(2)or involuntary 324 inpatient placement pursuant to s. 394.467(1), the patient may 325 be offered voluntary services or placement, if appropriate, or 326 released directly from the hospital providing emergency medical 327 services. The finding by the professional that the patient has 328 been examined and does not meet the criteria for involuntary 329 inpatient services or involuntary outpatient placement must be 330 entered into the patient’s clinical record. This paragraph is 331 not intended to prevent a hospital providing emergency medical 332 services from appropriately transferring a patient to another 333 hospital before stabilization if the requirements of s. 334 395.1041(3)(c) have been met. 335 Section 6. Section 394.4655, Florida Statutes, is amended 336 to read: 337 394.4655 Involuntary outpatient services.— 338 (1)(a) In lieu of inpatient treatment, the court may order 339 a respondent into outpatient treatment for up to 6 months if, 340 during a hearing under s. 394.467, it is established that the 341 respondent meets involuntary placement criteria and has been 342 involuntarily ordered into inpatient treatment under this 343 chapter at least twice during the last 36 months, the outpatient 344 treatment is provided in the county in which the respondent 345 resides, and the respondent’s treating physician certifies, 346 within a reasonable degree of medical probability, that the 347 respondent: 348 1. Can be more appropriately treated on an outpatient 349 basis; 350 2. Can follow a prescribed treatment plan; and 351 3. Is not likely become dangerous, suffer more serious harm 352 or illness, or further deteriorate if such plan is followed. 353 (b) For the duration of his or her treatment, the 354 respondent must be supervised by a willing, able, and 355 responsible friend, family member, social worker, case manager 356 of a licensed service provider, guardian, or guardian advocate. 357 Such supervisor must inform the court, state attorney, and 358 public defender of any failure by the respondent to comply with 359 his or her outpatient program. 360 (2) As the circumstances may require, the court shall 361 retain jurisdiction over the case and parties for the entry of 362 such further orders after a hearing. 363 (3) A criminal county court exercising its original 364 jurisdiction in a misdemeanor case under s. 34.01 may also order 365 a person into involuntary outpatient services. 366(1) DEFINITIONS.—As used in this section, the term:367(a) “Court” means a circuit court or a criminal county368court.369(b) “Criminal county court” means a county court exercising370its original jurisdiction in a misdemeanor case under s. 34.01.371(2) CRITERIA FOR INVOLUNTARY OUTPATIENT SERVICES.—A person372may be ordered to involuntary outpatient services upon a finding373of the court, by clear and convincing evidence, that the person374meets all of the following criteria:375(a) The person is 18 years of age or older.376(b) The person has a mental illness.377(c) The person is unlikely to survive safely in the378community without supervision, based on a clinical379determination.380(d) The person has a history of lack of compliance with381treatment for mental illness.382(e) The person has:3831. At least twice within the immediately preceding 36384months been involuntarily admitted to a receiving or treatment385facility as defined in s. 394.455, or has received mental health386services in a forensic or correctional facility. The 36-month387period does not include any period during which the person was388admitted or incarcerated; or3892. Engaged in one or more acts of serious violent behavior390toward self or others, or attempts at serious bodily harm to391himself or herself or others, within the preceding 36 months.392(f) The person is, as a result of his or her mental393illness, unlikely to voluntarily participate in the recommended394treatment plan and has refused voluntary services for treatment395after sufficient and conscientious explanation and disclosure of396why the services are necessary or is unable to determine for397himself or herself whether services are necessary.398(g) In view of the person’s treatment history and current399behavior, the person is in need of involuntary outpatient400services in order to prevent a relapse or deterioration that401would be likely to result in serious bodily harm to himself or402herself or others, or a substantial harm to his or her well403being as set forth in s. 394.463(1).404(h) It is likely that the person will benefit from405involuntary outpatient services.406(i) All available, less restrictive alternatives that would407offer an opportunity for improvement of his or her condition408have been judged to be inappropriate or unavailable.409(3) INVOLUNTARY OUTPATIENT SERVICES.—410(a)1. A patient who is being recommended for involuntary411outpatient services by the administrator of the facility where412the patient has been examined may be retained by the facility413after adherence to the notice procedures provided in s.414394.4599. The recommendation must be supported by the opinion of415a psychiatrist and the second opinion of a clinical psychologist416or another psychiatrist, both of whom have personally examined417the patient within the preceding 72 hours, that the criteria for418involuntary outpatient services are met. However, if the419administrator certifies that a psychiatrist or clinical420psychologist is not available to provide the second opinion, the421second opinion may be provided by a licensed physician who has422postgraduate training and experience in diagnosis and treatment423of mental illness, a physician assistant who has at least 3424years’ experience and is supervised by such licensed physician425or a psychiatrist, a clinical social worker, or by a psychiatric426nurse. Any second opinion authorized in this subparagraph may be427conducted through a face-to-face examination, in person or by428electronic means. Such recommendation must be entered on an429involuntary outpatient services certificate that authorizes the430facility to retain the patient pending completion of a hearing.431The certificate must be made a part of the patient’s clinical432record.4332. If the patient has been stabilized and no longer meets434the criteria for involuntary examination pursuant to s.435394.463(1), the patient must be released from the facility while436awaiting the hearing for involuntary outpatient services. Before437filing a petition for involuntary outpatient services, the438administrator of the facility or a designated department439representative must identify the service provider that will have440primary responsibility for service provision under an order for441involuntary outpatient services, unless the person is otherwise442participating in outpatient psychiatric treatment and is not in443need of public financing for that treatment, in which case the444individual, if eligible, may be ordered to involuntary treatment445pursuant to the existing psychiatric treatment relationship.4463. The service provider shall prepare a written proposed447treatment plan in consultation with the patient or the patient’s448guardian advocate, if appointed, for the court’s consideration449for inclusion in the involuntary outpatient services order that450addresses the nature and extent of the mental illness and any451co-occurring substance use disorder that necessitate involuntary452outpatient services. The treatment plan must specify the likely453level of care, including the use of medication, and anticipated454discharge criteria for terminating involuntary outpatient455services. Service providers may select and supervise other456individuals to implement specific aspects of the treatment plan.457The services in the plan must be deemed clinically appropriate458by a physician, clinical psychologist, psychiatric nurse, mental459health counselor, marriage and family therapist, or clinical460social worker who consults with, or is employed or contracted461by, the service provider. The service provider must certify to462the court in the proposed plan whether sufficient services for463improvement and stabilization are currently available and464whether the service provider agrees to provide those services.465If the service provider certifies that the services in the466proposed treatment plan are not available, the petitioner may467not file the petition. The service provider must notify the468managing entity if the requested services are not available. The469managing entity must document such efforts to obtain the470requested services.471(b) If a patient in involuntary inpatient placement meets472the criteria for involuntary outpatient services, the473administrator of the facility may, before the expiration of the474period during which the facility is authorized to retain the475patient, recommend involuntary outpatient services. The476recommendation must be supported by the opinion of a477psychiatrist and the second opinion of a clinical psychologist478or another psychiatrist, both of whom have personally examined479the patient within the preceding 72 hours, that the criteria for480involuntary outpatient services are met. However, if the481administrator certifies that a psychiatrist or clinical482psychologist is not available to provide the second opinion, the483second opinion may be provided by a licensed physician who has484postgraduate training and experience in diagnosis and treatment485of mental illness, a physician assistant who has at least 3486years’ experience and is supervised by such licensed physician487or a psychiatrist, a clinical social worker, or by a psychiatric488nurse. Any second opinion authorized in this subparagraph may be489conducted through a face-to-face examination, in person or by490electronic means. Such recommendation must be entered on an491involuntary outpatient services certificate, and the certificate492must be made a part of the patient’s clinical record.493(c)1. The administrator of the treatment facility shall494provide a copy of the involuntary outpatient services495certificate and a copy of the state mental health discharge form496to the managing entity in the county where the patient will be497residing. For persons who are leaving a state mental health498treatment facility, the petition for involuntary outpatient499services must be filed in the county where the patient will be500residing.5012. The service provider that will have primary502responsibility for service provision shall be identified by the503designated department representative before the order for504involuntary outpatient services and must, before filing a505petition for involuntary outpatient services, certify to the506court whether the services recommended in the patient’s507discharge plan are available and whether the service provider508agrees to provide those services. The service provider must509develop with the patient, or the patient’s guardian advocate, if510appointed, a treatment or service plan that addresses the needs511identified in the discharge plan. The plan must be deemed to be512clinically appropriate by a physician, clinical psychologist,513psychiatric nurse, mental health counselor, marriage and family514therapist, or clinical social worker, as defined in this515chapter, who consults with, or is employed or contracted by, the516service provider.5173. If the service provider certifies that the services in518the proposed treatment or service plan are not available, the519petitioner may not file the petition. The service provider must520notify the managing entity if the requested services are not521available. The managing entity must document such efforts to522obtain the requested services.523(4) PETITION FOR INVOLUNTARY OUTPATIENT SERVICES.—524(a) A petition for involuntary outpatient services may be525filed by:5261. The administrator of a receiving facility; or5272. The administrator of a treatment facility.528(b) Each required criterion for involuntary outpatient529services must be alleged and substantiated in the petition for530involuntary outpatient services. A copy of the certificate531recommending involuntary outpatient services completed by a532qualified professional specified in subsection (3) must be533attached to the petition. A copy of the proposed treatment plan534must be attached to the petition. Before the petition is filed,535the service provider shall certify that the services in the536proposed plan are available. If the necessary services are not537available, the petition may not be filed. The service provider538must notify the managing entity if the requested services are539not available. The managing entity must document such efforts to540obtain the requested services.541(c) The petition for involuntary outpatient services must542be filed in the county where the patient is located, unless the543patient is being placed from a state treatment facility, in544which case the petition must be filed in the county where the545patient will reside. When the petition has been filed, the clerk546of the court shall provide copies of the petition and the547proposed treatment plan to the department, the managing entity,548the patient, the patient’s guardian or representative, the state549attorney, and the public defender or the patient’s private550counsel. A fee may not be charged for filing a petition under551this subsection.552(5) APPOINTMENT OF COUNSEL.—Within 1 court working day553after the filing of a petition for involuntary outpatient554services, the court shall appoint the public defender to555represent the person who is the subject of the petition, unless556the person is otherwise represented by counsel. The clerk of the557court shall immediately notify the public defender of the558appointment. The public defender shall represent the person559until the petition is dismissed, the court order expires, or the560patient is discharged from involuntary outpatient services. An561attorney who represents the patient must be provided access to562the patient, witnesses, and records relevant to the presentation563of the patient’s case and shall represent the interests of the564patient, regardless of the source of payment to the attorney.565(6) CONTINUANCE OF HEARING.—The patient is entitled, with566the concurrence of the patient’s counsel, to at least one567continuance of the hearing. The continuance shall be for a568period of up to 4 weeks.569(7) HEARING ON INVOLUNTARY OUTPATIENT SERVICES.—570(a)1. The court shall hold the hearing on involuntary571outpatient services within 5 working days after the filing of572the petition, unless a continuance is granted. The hearing must573be held in the county where the petition is filed, must be as574convenient to the patient as is consistent with orderly575procedure, and must be conducted in physical settings not likely576to be injurious to the patient’s condition. If the court finds577that the patient’s attendance at the hearing is not consistent578with the best interests of the patient and if the patient’s579counsel does not object, the court may waive the presence of the580patient from all or any portion of the hearing. The state581attorney for the circuit in which the patient is located shall582represent the state, rather than the petitioner, as the real583party in interest in the proceeding.5842. The court may appoint a magistrate to preside at the585hearing. One of the professionals who executed the involuntary586outpatient services certificate shall be a witness. The patient587and the patient’s guardian or representative shall be informed588by the court of the right to an independent expert examination.589If the patient cannot afford such an examination, the court590shall ensure that one is provided, as otherwise provided by law.591The independent expert’s report is confidential and not592discoverable, unless the expert is to be called as a witness for593the patient at the hearing. The court shall allow testimony from594individuals, including family members, deemed by the court to be595relevant under state law, regarding the person’s prior history596and how that prior history relates to the person’s current597condition. The testimony in the hearing must be given under598oath, and the proceedings must be recorded. The patient may599refuse to testify at the hearing.600(b)1. If the court concludes that the patient meets the601criteria for involuntary outpatient services pursuant to602subsection (2), the court shall issue an order for involuntary603outpatient services. The court order shall be for a period of up604to 90 days. The order must specify the nature and extent of the605patient’s mental illness. The order of the court and the606treatment plan must be made part of the patient’s clinical607record. The service provider shall discharge a patient from608involuntary outpatient services when the order expires or any609time the patient no longer meets the criteria for involuntary610placement. Upon discharge, the service provider shall send a611certificate of discharge to the court.6122. The court may not order the department or the service613provider to provide services if the program or service is not614available in the patient’s local community, if there is no space615available in the program or service for the patient, or if616funding is not available for the program or service. The service617provider must notify the managing entity if the requested618services are not available. The managing entity must document619such efforts to obtain the requested services. A copy of the620order must be sent to the managing entity by the service621provider within 1 working day after it is received from the622court. The order may be submitted electronically through623existing data systems. After the order for involuntary services624is issued, the service provider and the patient may modify the625treatment plan. For any material modification of the treatment626plan to which the patient or, if one is appointed, the patient’s627guardian advocate agrees, the service provider shall send notice628of the modification to the court. Any material modifications of629the treatment plan which are contested by the patient or the630patient’s guardian advocate, if applicable, must be approved or631disapproved by the court consistent with subsection (3).6323. If, in the clinical judgment of a physician, the patient633has failed or has refused to comply with the treatment ordered634by the court, and, in the clinical judgment of the physician,635efforts were made to solicit compliance and the patient may meet636the criteria for involuntary examination, a person may be637brought to a receiving facility pursuant to s. 394.463. If,638after examination, the patient does not meet the criteria for639involuntary inpatient placement pursuant to s. 394.467, the640patient must be discharged from the facility. The involuntary641outpatient services order shall remain in effect unless the642service provider determines that the patient no longer meets the643criteria for involuntary outpatient services or until the order644expires. The service provider must determine whether645modifications should be made to the existing treatment plan and646must attempt to continue to engage the patient in treatment. For647any material modification of the treatment plan to which the648patient or the patient’s guardian advocate, if applicable,649agrees, the service provider shall send notice of the650modification to the court. Any material modifications of the651treatment plan which are contested by the patient or the652patient’s guardian advocate, if applicable, must be approved or653disapproved by the court consistent with subsection (3).654(c) If, at any time before the conclusion of the initial655hearing on involuntary outpatient services, it appears to the656court that the person does not meet the criteria for involuntary657outpatient services under this section but, instead, meets the658criteria for involuntary inpatient placement, the court may659order the person admitted for involuntary inpatient examination660under s. 394.463. If the person instead meets the criteria for661involuntary assessment, protective custody, or involuntary662admission pursuant to s. 397.675, the court may order the person663to be admitted for involuntary assessment for a period of 5 days664pursuant to s. 397.6811. Thereafter, all proceedings are665governed by chapter 397.666(d) At the hearing on involuntary outpatient services, the667court shall consider testimony and evidence regarding the668patient’s competence to consent to services. If the court finds669that the patient is incompetent to consent to treatment, it670shall appoint a guardian advocate as provided in s. 394.4598.671The guardian advocate shall be appointed or discharged in672accordance with s. 394.4598.673(e) The administrator of the receiving facility or the674designated department representative shall provide a copy of the675court order and adequate documentation of a patient’s mental676illness to the service provider for involuntary outpatient677services. Such documentation must include any advance directives678made by the patient, a psychiatric evaluation of the patient,679and any evaluations of the patient performed by a psychologist680or a clinical social worker.681(8) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT682SERVICES.—683(a)1. If the person continues to meet the criteria for684involuntary outpatient services, the service provider shall, at685least 10 days before the expiration of the period during which686the treatment is ordered for the person, file in the court that687issued the order for involuntary outpatient services a petition688for continued involuntary outpatient services. The court shall689immediately schedule a hearing on the petition to be held within69015 days after the petition is filed.6912. The existing involuntary outpatient services order692remains in effect until disposition on the petition for693continued involuntary outpatient services.6943. A certificate shall be attached to the petition which695includes a statement from the person’s physician or clinical696psychologist justifying the request, a brief description of the697patient’s treatment during the time he or she was receiving698involuntary services, and an individualized plan of continued699treatment.7004. The service provider shall develop the individualized701plan of continued treatment in consultation with the patient or702the patient’s guardian advocate, if applicable. When the703petition has been filed, the clerk of the court shall provide704copies of the certificate and the individualized plan of705continued services to the department, the patient, the patient’s706guardian advocate, the state attorney, and the patient’s private707counsel or the public defender.708(b) Within 1 court working day after the filing of a709petition for continued involuntary outpatient services, the710court shall appoint the public defender to represent the person711who is the subject of the petition, unless the person is712otherwise represented by counsel. The clerk of the court shall713immediately notify the public defender of such appointment. The714public defender shall represent the person until the petition is715dismissed or the court order expires or the patient is716discharged from involuntary outpatient services. Any attorney717representing the patient shall have access to the patient,718witnesses, and records relevant to the presentation of the719patient’s case and shall represent the interests of the patient,720regardless of the source of payment to the attorney.721(c) Hearings on petitions for continued involuntary722outpatient services must be before the court that issued the723order for involuntary outpatient services. The court may appoint724a magistrate to preside at the hearing. The procedures for725obtaining an order pursuant to this paragraph must meet the726requirements of subsection (7), except that the time period727included in paragraph (2)(e) is not applicable in determining728the appropriateness of additional periods of involuntary729outpatient placement.730(d) Notice of the hearing must be provided as set forth in731s. 394.4599. The patient and the patient’s attorney may agree to732a period of continued outpatient services without a court733hearing.734(e) The same procedure must be repeated before the735expiration of each additional period the patient is placed in736treatment.737(f) If the patient has previously been found incompetent to738consent to treatment, the court shall consider testimony and739evidence regarding the patient’s competence. Section 394.4598740governs the discharge of the guardian advocate if the patient’s741competency to consent to treatment has been restored.742 Section 7. Subsections (1) and (5) and paragraphs (a), (b), 743 and (c) of subsection (6) of section 394.467, Florida Statutes, 744 are amended to read: 745 394.467 Involuntary inpatient placement.— 746 (1) CRITERIA.—A person may be ordered for involuntary 747 inpatient placement for treatment upon a finding of the court by 748 clear and convincing evidence that: 749 (a) He or she has a mental illness and because of his or 750 her mental illness: 751 1.a. He or she has refused voluntary inpatient placement 752 for treatment after sufficient and conscientious explanation and 753 disclosure of the purpose of inpatient placement for treatment; 754 or 755 b. He or she is unable to determine for himself or herself 756 whether inpatient placement is necessary; and 757 2.a. He or she is incapable of surviving alone or with the 758 help of willing, able, and responsible family or friends, 759 including available alternative services, and, without 760 treatment, is likely to suffer from neglect or refuse to care 761 for himself or herself, and such neglect or refusal poses a real 762 and present threat of substantial harm to his or her well-being; 763 or 764 b. There is substantial likelihood that in the near future 765 he or she will inflict seriousbodilyharm toonself or others, 766 which includes property damage, as evidenced by acts, omissions, 767 orrecentbehavior causing, attempting, or threatening such 768 harm; and 769 (b) All available less restrictive treatment alternatives 770 that would offer an opportunity for improvement of his or her 771 condition have been judged to be inappropriate. 772 (5) CONTINUANCE OF HEARING.—The patient and the state are 773 independently entitledis entitled, with the concurrence of the774patient’s counsel,to at least one continuance of the hearing. 775 The patient’s continuance may be for a period offorup to 4 776 weeks and requires the concurrence of his or her counsel. The 777 state’s continuance may be for a period of up to 7 court working 778 days and requires a showing of good cause and due diligence by 779 the state before requesting the continuance. The state’s failure 780 to timely review any readily available document or failure to 781 attempt to contact a known witness does not warrant a 782 continuance. 783 (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.— 784 (a)1. The court shall hold the hearing on involuntary 785 inpatient placement within 75court working days, unless a 786 continuance is granted. 787 2. Except for good cause documented in the court file, the 788 hearing must be held in the county or the facility, as 789 appropriate, where the patient is located, must be as convenient 790 to the patient as is consistent with orderly procedure, and 791 shall be conducted in physical settings not likely to be 792 injurious to the patient’s condition. If the court finds that 793 the patient’s attendance at the hearing is not consistent with 794 the best interests of the patient or is likely injurious to the 795 patient, or the patient knowingly, intelligently, and 796 voluntarily waives his or her right to be present, and the 797 patient’s counsel does not object, the court may waive the 798 presence of the patient from all or any portion of the hearing. 799 Absent a showing of good cause, the court may permit all 800 witnesses, including, but not limited to, any medical 801 professionals or personnel who are or have been involved with 802 the patient’s treatment, to remotely attend and testify at the 803 hearing under oath via the most appropriate and convenient 804 technological method of communication available to the court, 805 including, but not limited to, teleconference. The state 806 attorney for the circuit in which the patient is located shall 807 represent the state, rather than the petitioning facility 808 administrator, as the real party in interest in the proceeding. 809 In preparing its case, the state attorney may access, by 810 subpoena if necessary, the patient, witnesses, and records that 811 are relevant to the state’s case. Such records include, but are 812 not limited to, any social media, school records, and reports 813 documenting contact the patient may have had with law 814 enforcement officers or other state agencies. 815 3. The court may appoint a magistrate to preside at the 816 hearing. One of the professionals who executed the petition for 817 involuntary inpatient placement certificate shall be a witness. 818 The patient and the patient’s guardian or representative shall 819 be informed by the court of the right to an independent expert 820 examination. If the patient cannot afford such an examination, 821 the court shall ensure that one is provided, as otherwise 822 provided for by law. The independent expert’s report is 823 confidential and not discoverable, unless the expert is to be 824 called as a witness for the patient at the hearing. The 825 testimony in the hearing must be given under oath, and the 826 proceedings must be recorded. The patient may refuse to testify 827 at the hearing. 828 (b) If the court concludes that the patient meets the 829 criteria for involuntary inpatient placement, it may order that 830 the patient be transferred to a treatment facility or, if the 831 patient is at a treatment facility, that the patient be retained 832 there or be treated at any other appropriate facility, or that 833 the patient receive services, on an involuntary basis, for up to 83490 days. However, any order for involuntary mental health835services in a treatment facility may be for up to6 months. The 836 order shall specify the nature and extent of the patient’s 837 mental illness. The court may not order an individual with 838 traumatic brain injury or dementia who lacks a co-occurring 839 mental illness to be involuntarily placed in a state treatment 840 facility unless evaluations such as, but not limited to, the 841 Glasgow Outcome Scale or the Rancho Los Amigos Levels of 842 Cognitive Functioning Scale show that such individuals may 843 benefit from behavioral health treatment. Such individuals must 844 be referred to the Agency for Persons with Disabilities or the 845 Department of Elderly Affairs for further evaluation and 846 placement in a medical rehabilitation facility or supportive 847 residential placement that addresses their individual needs. The 848 facility shall discharge a patient any time the patient no 849 longer meets the criteria for involuntary inpatient placement, 850 unless the patient has transferred to voluntary status. 851 (c) If at any time before the conclusion of the hearing on 852 involuntary inpatient placement it appears to the court that the 853 person does not meet the criteria for involuntary inpatient 854 placement under this section, but instead meets the criteria for 855 involuntary outpatient services, the court may order the person 856 intoevaluated forinvoluntary outpatient services if the 857 requirements of s. 394.4655 are metpursuant to s. 394.4655. The858petition and hearing procedures set forth in s. 394.4655 shall859apply. If the person instead meets the criteria for involuntary 860 assessment, protective custody, or involuntary admission 861 pursuant to s. 397.675, then the court may order the person to 862 be admitted for involuntary assessmentfor a period of 5 days863 pursuant to s. 397.6957s. 397.6811. Thereafter, all proceedings 864 are governed by chapter 397. 865 Section 8. Subsection (3) of section 397.305, Florida 866 Statutes, is amended to read: 867 397.305 Legislative findings, intent, and purpose.— 868 (3) It is the purpose of this chapter to provide for a 869 comprehensive continuum of accessible and quality substance 870 abuse prevention, intervention, clinical treatment, and recovery 871 support services in the most appropriate and least restrictive 872 environment which promotes long-term recovery while protecting 873 and respecting the rights of individuals, primarily through 874 community-based private not-for-profit providers working with 875 local governmental programs involving a wide range of agencies 876 from both the public and private sectors. 877 Section 9. Present subsections (29) through (35) and (36) 878 through (49) of section 397.311, Florida Statutes, are 879 redesignated as subsections (30) through (36) and (38) through 880 (51), respectively, subsection (23) of that section is amended, 881 and new subsections (29) and (37) are added to that section, to 882 read: 883 397.311 Definitions.—As used in this chapter, except part 884 VIII, the term: 885 (23) “Involuntary treatmentservices” means an array of 886 behavioral health services that may be ordered by the court for 887 persons with substance abuse impairment or co-occurring 888 substance abuse impairment and mental health disorders. 889 (29) “Neglect or refuse to care for himself or herself” 890 includes, but is not limited to, evidence that a person: 891 (a) Is unable to satisfy basic needs for nourishment, 892 medical care, shelter, or safety in a manner that creates a 893 substantial probability of imminent death, serious physical 894 debilitation, or disease; 895 (b) Is substantially unable to make an informed treatment 896 choice; or 897 (c) Needs care or treatment to prevent deterioration. 898 (37) “Real and present threat of substantial harm” 899 includes, but is not limited to, evidence of a substantial 900 probability that the untreated person will: 901 (a) Lack, refuse, or not receive services for health or 902 safety; or 903 (b) Suffer severe mental, emotional, or physical harm that 904 will result in the loss of ability to function in the community 905 or the loss of cognitive or volitional control over thoughts or 906 actions. 907 Section 10. Subsection (5) of section 397.334, Florida 908 Statutes, is amended to read: 909 397.334 Treatment-based drug court programs.— 910 (5) Treatment-based drug court programs may include 911 pretrial intervention programs as provided in ss. 948.08, 912 948.16, and 985.345, treatment-based drug court programs 913 authorized in chapter 39, postadjudicatory programs as provided 914 in ss. 948.01, 948.06, and 948.20, and review of the status of 915 compliance or noncompliance of sentenced offenders through a 916 treatment-based drug court program. While enrolled in a 917 treatment-based drug court program, the participant is subject 918 to a coordinated strategy developed by a drug court team under 919 subsection (4). The coordinated strategy must be provided in 920 writing to the participant before the participant agrees to 921 enter into a treatment-based drug court program. The coordinated 922 strategy may include a protocol of sanctions that may be imposed 923 upon the participant for noncompliance with program rules. The 924 protocol of sanctions may include, but is not limited to, 925 placement in a substance abuse treatment program offered by a 926 licensed service provider as defined in s. 397.311 or in a jail 927 based treatment program or serving a period of secure detention 928 under chapter 985 if a child or a period of incarcerationwithin929the time limits establishedfor contempt of court if an adult. 930 In cases involving minors violating an involuntary treatment 931 order, the court’s civil contempt powers are exempt from the 932 time limitations of chapters 984 and 985 and the court may 933 instead hold the minor in contempt for the same amount of time 934 as their court-ordered treatment, provided that the court 935 clearly informs the minor that he or she can immediately purge 936 the contempt finding by complying with the treatment order. 937 Should this contempt order result in incarceration, the court 938 must hold a status conference every 2 to 4 weeks to assess the 939 minor’s well-being and inquire into whether he or she will go 940 to, and remain in, treatment. If the incarcerated minor agrees 941 to comply with the court’s involuntary treatment order, service 942 providers must prioritize his or her placement into treatment 943The coordinated strategy must be provided in writing to the944participant before the participant agrees to enter into a945treatment-based drug court program. 946 Section 11. Section 397.412, Florida Statutes, is created 947 to read: 948 397.412 Ability to hold involuntarily committed persons.— 949 (1) Unless presented with a court order releasing a person 950 from care, all service providers licensed under this chapter may 951 refuse an individual’s request to prematurely leave his or her 952 court-ordered involuntary treatment program provided that all of 953 the following criteria are met: 954 (a) Said individual still meets the involuntary treatment 955 criteria. 956 (b) There are no available, lesser restrictive means of 957 care that adequately address the person’s needs. Facilities must 958 notify the court and all relevant parties in writing if an 959 individual is released. 960 (2) Notwithstanding this chapter or any state 961 administrative rule, all service providers licensed to provide 962 residential treatment under this chapter must install the 963 necessary security features in their facilities to safely 964 prevent the premature departure of their involuntary patients 965 and must enact policies that enable the differentiation of 966 voluntary and involuntary patients at the facility. The 967 installation of such security features does not make the 968 treatment center a secure facility and does not require the 969 treatment center to comply with any other law or regulation 970 governing secured facilities. 971 Section 12. Subsection (11) is added to section 397.501, 972 Florida Statutes, to read: 973 397.501 Rights of individuals.—Individuals receiving 974 substance abuse services from any service provider are 975 guaranteed protection of the rights specified in this section, 976 unless otherwise expressly provided, and service providers must 977 ensure the protection of such rights. 978 (11) POST-DISCHARGE RIGHT TO CONTINUUM OF CARE.—Upon 979 discharge, a respondent with a serious substance abuse addiction 980 must be afforded the essential elements of recovery and placed 981 in a continuum of care regimen. The department shall adopt rules 982 specifying the services that must be provided to such 983 respondents and identifying which substance abuse addictions 984 entitle a respondent to such services. 985 Section 13. Subsection (2) of section 397.675, Florida 986 Statutes, is amended to read: 987 397.675 Criteria for involuntary admissions, including 988 protective custody, emergency admission, and other involuntary 989 assessment, involuntary treatment, and alternative involuntary 990 assessment for minors, for purposes of assessment and 991 stabilization, and for involuntary treatment.—A person meets the 992 criteria for involuntary admission if there is good faith reason 993 to believe that the person is substance abuse impaired or has a 994 co-occurring mental health disorder and, because of such 995 impairment or disorder: 996 (2)(a) Is in need of substance abuse services and, by 997 reason of substance abuse impairment, his or her judgment has 998 been so impaired that he or she is incapable of appreciating his 999 or her need for such services and of making a rational decision 1000 in that regard, although mere refusal to receive such services 1001 does not constitute evidence of lack of judgment with respect to 1002 his or her need for such services;or1003 (b) Without care or treatment, is likely to suffer from 1004 neglect or refuse to care for himself or herself; that such 1005 neglect or refusal poses a real and present threat of 1006 substantial harm to his or her well-being; and that it is not 1007 apparent that such harm may be avoided through the help of 1008 willing, able, and responsible family members or friends or the 1009 provision of other services;,or 1010 (c) There is substantial likelihood that the person has 1011 inflicted, or threatened to or attempted to inflict, or, unless 1012 admitted, in the near future, as evidenced by his or her 1013 behavior, actions, or omissions, will likelyis likely to1014 inflict serious, physicalharm to self or others. Such harm 1015 includes, but is not limited to, property damageon himself,1016herself, or another. 1017 Section 14. Subsection (1) of section 397.6751, Florida 1018 Statutes, is amended to read: 1019 397.6751 Service provider responsibilities regarding 1020 involuntary admissions.— 1021 (1) It is the responsibility of the service provider to: 1022 (a) Ensure that a person who is admitted to a licensed 1023 service component meets the admission criteria specified in s. 1024 397.675; 1025 (b) Ascertain whether the medical and behavioral conditions 1026 of the person, as presented, are beyond the safe management 1027 capabilities of the service provider; 1028 (c) Provide for the admission of the person to the service 1029 component that represents the most appropriate and least 1030 restrictive available setting that is responsive to the person’s 1031 treatment needs; 1032 (d) Verify that the admission of the person to the service 1033 component does not result in a census in excess of its licensed 1034 service capacity; 1035 (e) Determine whether the cost of services is within the 1036 financial means of the person or those who are financially 1037 responsible for the person’s care; and 1038 (f) Take all necessary measures to ensure that each 1039 individual in treatment is provided with a safe environment, and 1040 to ensure that each individual whose medical condition or 1041 behavioral problem becomes such that he or she cannot be safely 1042 managed by the service component is discharged and referred to a 1043 more appropriate setting for care. 1044 Section 15. Section 397.681, Florida Statutes, is amended 1045 to read: 1046 397.681 Involuntary petitions; general provisions; court 1047 jurisdiction and right to counsel.— 1048 (1) JURISDICTION.—The courts have jurisdiction of 1049involuntary assessment and stabilization petitions and1050 involuntary treatment petitions for substance abuse impaired 1051 persons, and such petitions must be filed with the clerk of the 1052 court in the county where the person is located. The clerk of 1053 the court may not charge a fee for the filing of a petition 1054 under this section. The chief judge may appoint a general or 1055 special magistrate to preside over all or part of the 1056 proceedings. The alleged impaired person is named as the 1057 respondent. 1058 (2) RIGHT TO COUNSEL.—A respondent has the right to counsel 1059 at every stage of a proceeding relating to a petition for his or 1060 herinvoluntary assessment and a petition for his or her1061 involuntary treatment for substance abuse impairment. A 1062 respondent who desires counsel and is unable to afford private 1063 counsel has the right to court-appointed counsel and to the 1064 benefits of s. 57.081. If the court believes that the respondent 1065 needs the assistance of counsel, the court shall appoint such 1066 counsel for the respondent without regard to the respondent’s 1067 wishes. If the respondent is a minor not otherwise represented 1068 in the proceeding, the court shall immediately appoint a 1069 guardian ad litem to act on the minor’s behalf. 1070 (3) STATE REPRESENTATIVE.—For all court-involved 1071 involuntary proceedings under this chapter, the state attorney 1072 for the circuit in which the respondent is located shall 1073 represent the state rather than the petitioner as the real party 1074 of interest in the proceeding, but the state attorney must be 1075 respectful of the petitioner’s interests and concerns. The state 1076 attorney may access, by subpoena if necessary, the respondent, 1077 witnesses, and records that are relevant to the state’s case. 1078 Such records include, but are not limited to, any social media, 1079 school records, and reports documenting contact the respondent 1080 may have had with law enforcement officers or other state 1081 agencies. The petitioner may not access any records obtained by 1082 the state attorney unless such records are entered into the 1083 court file. This subsection shall take effect only when the 1084 Legislature provides the requisite funding to the state attorney 1085 for its additional staffing needs. 1086 Section 16. Section 397.6811, Florida Statutes, is 1087 repealed. 1088 Section 17. Section 397.6814, Florida Statutes, is 1089 repealed. 1090 Section 18. Section 397.6815, Florida Statutes, is 1091 repealed. 1092 Section 19. Section 397.6818, Florida Statutes, is 1093 repealed. 1094 Section 20. Section 397.6819, Florida Statutes, is 1095 repealed. 1096 Section 21. Section 397.6821, Florida Statutes, is 1097 repealed. 1098 Section 22. Section 397.6822, Florida Statutes, is 1099 repealed. 1100 Section 23. Section 397.693, Florida Statutes, is amended 1101 to read: 1102 397.693 Involuntary treatment.—A person may be the subject 1103 of a petition for court-ordered involuntary treatment pursuant 1104 to this part, if that person: 1105 (1) Reasonably appears to meetmeetsthe criteria for 1106 involuntary admission provided in s. 397.675;and:1107 (2)(1)Has been placed under protective custody pursuant to 1108 s. 397.677 within the previous 10 days; 1109 (3)(2)Has been subject to an emergency admission pursuant 1110 to s. 397.679 within the previous 10 days; 1111 (4)(3)Has been assessed by a qualified professional within 1112 305days; 1113(4) Has been subject to involuntary assessment and1114stabilization pursuant to s. 397.6818 within the previous 121115days;or 1116 (5) Has been subject to alternative involuntary treatment 1117admissionpursuant to s. 397.6957(1)(c)s. 397.6822within the 1118 previous 3012days. 1119 Section 24. Section 397.695, Florida Statutes, is amended 1120 to read: 1121 397.695 Involuntary treatmentservices; persons who may 1122 petition.— 1123 (1) If the respondent is an adult, a petition for 1124 involuntary treatmentservicesmay be filed by the respondent’s 1125 spouse or legal guardian, any relative, a service provider, or 1126 an adult who has direct personal knowledge of the respondent’s 1127 substance abuse impairment and his or her prior course of 1128 assessment and treatment. 1129 (2) If the respondent is a minor, a petition for 1130 involuntary treatment may be filed by a parent, legal guardian, 1131 or service provider. 1132 (3) The court or the clerk of the court may waive or 1133 prohibit any service of process fees if a petitioner is 1134 determined to be indigent under s. 57.082. 1135 Section 25. Section 397.6951, Florida Statutes, is amended 1136 to read: 1137 397.6951 Contents of petition for involuntary treatment 1138services.— 1139 (1) A petition for involuntary treatmentservicesmust 1140 contain the name of the respondent; the name of the petitioner 1141 or petitioners; the relationship between the respondent and the 1142 petitioner; the name of the respondent’s attorney, if known;the1143findings and recommendations of the assessment performed by the1144qualified professional;and the factual allegations presented by 1145 the petitioner establishing the need for involuntaryoutpatient1146 services. The factual allegations must demonstrate: 1147 (a)(1)The reason for the petitioner’s belief that the 1148 respondent is substance abuse impaired; 1149 (b)(2)The reason for the petitioner’s belief that because 1150 of such impairment the respondent has lost the power of self 1151 control with respect to substance abuse; and 1152 (c)1.(3)(a)The reason the petitioner believes that either: 1153 a. The respondent, without care or treatment, is likely to 1154 suffer from neglect or refuse to care for himself or herself; 1155 that such neglect or refusal poses a real and present threat of 1156 substantial harm to his or her well-being; and that it is not 1157 apparent that such harm may be avoided through the help of 1158 willing, able, and responsible family members or friends or the 1159 provision of other services; or 1160 b.(I) There is substantial likelihood that the person has 1161 inflicted, or threatened to or attempted to inflict, serious 1162 harm to self or others, which includes property damage; or 1163 (II) Unless admitted, in the near future, as evidenced by 1164 his or her behavior, actions, or omissions, the person will 1165 likely inflict serious harm to self or others, which includes 1166 property damagehas inflicted or is likely to inflict physical1167harm on himself or herself or others unless the court orders the1168involuntary services; or 1169 2.(b)The reason the petitioner believes that the 1170 respondent is in need of substance abuse services but refuses 1171respondent’s refusalto voluntarily receive care is due tobased1172onjudgment so impaired by reason of substance abuse that the 1173 respondent is incapable of appreciating his or her need for care 1174 and of making a rational decision regarding that need for care. 1175 (2) The petition may be accompanied by a certificate or 1176 report of a qualified professional or a licensed physician who 1177 has examined the respondent within 30 days before the petition’s 1178 submission. Such certificate or report must include the 1179 qualified professional or physician’s findings relating to his 1180 or her assessment of the patient and his or her treatment 1181 recommendations. In the event that the respondent refuses to 1182 submit to an evaluation, such refusal must be documented in the 1183 petition. 1184 (3) In the event of an emergency, the petition must also 1185 describe the respondent’s exigent circumstances and include a 1186 request for an expedited hearing or the issuance of an ex parte 1187 assessment and stabilization order that is to be executed while 1188 the hearing is pending. 1189 Section 26. Section 397.6955, Florida Statutes, is amended 1190 to read: 1191 397.6955 Duties of court upon filing of petition for 1192 involuntary treatmentservices.— 1193 (1) Upon the filing of a petition for involuntary treatment 1194servicesfor a substance abuse impaired person with the clerk of 1195 the court, the clerk must notify the state attorney’s office. In 1196 addition, the court shall immediately determine whether the 1197 respondent is represented by an attorney or whether the 1198 appointment of counsel for the respondent is appropriate. If, 1199 based on the contents of the petition, the court appoints 1200 counsel for the person, the clerk of the court shall immediately 1201 notify the office of criminal conflict and civil regional 1202 counsel, created pursuant to s. 27.511, of the appointment. The 1203 office of criminal conflict and civil regional counsel shall 1204 represent the person until the petition is dismissed, the court 1205 order expires, or the person is discharged from involuntary 1206 treatmentservices. An attorney that represents the person named 1207 in the petition shall have access to the person, witnesses, and 1208 records relevant to the presentation of the person’s case and 1209 shall represent the interests of the person, regardless of the 1210 source of payment to the attorney. 1211 (2) The court shall schedule a hearing to be held on the 1212 petition within 10 court working5days unless a continuance is 1213 granted. The court may appoint a magistrate to preside at the 1214 hearing. 1215 (3) A copy of the petition and notice of the hearing must 1216 be provided to the respondent; the respondent’s parent, 1217 guardian, or legal custodian, in the case of a minor; the 1218 respondent’s attorney, if known; the petitioner; the 1219 respondent’s spouse or guardian, if applicable; and such other 1220 persons as the court may direct. If the respondent is a minor, a 1221 copy of the petition and notice of the hearing must be 1222 personally delivered to the respondent. The court shall also 1223 issue a summons to the person whose admission is sought. 1224 (4) When the petitioner asserts that emergency 1225 circumstances are present, or when upon review of the petition 1226 the court determines that an emergency exists, the court may 1227 rely solely on the contents of the petition and, without the 1228 appointment of an attorney, enter an ex parte order authorizing 1229 the involuntary assessment and stabilization of the respondent. 1230 The court may also order a law enforcement officer or other 1231 designated agent of the court to take the respondent into 1232 custody and deliver him or her to the nearest appropriate 1233 licensed service provider to be evaluated while the full hearing 1234 is pending. The service provider may hold the respondent until 1235 his or her hearing, which may be held on an expedited basis if, 1236 upon compliance with subsections (1) and (3), proof of service 1237 on all relevant parties is provided. 1238 Section 27. Section 397.6957, Florida Statutes, is amended 1239 to read: 1240 397.6957 Hearing on petition for involuntary treatment 1241services.— 1242 (1)(a) The respondent must be present at a hearing on a 1243 petition for involuntary treatment unless he or she knowingly, 1244 intelligently, and voluntarily waived his or her right to be 1245 present, or the court finds that his or her presence is not 1246 consistent with his or her best interests or is likely to be 1247 injurious to himself or herself or others.services,The court 1248 shall hear and review all relevant evidence, including testimony 1249 from individuals such as family members familiar with the 1250 respondent’s prior history and how it relates to his or her 1251 current condition; and thereview ofresults of the assessment 1252 completed by the qualified professional in connection with this 1253 chapter. Absent a showing of good cause, the court may permit 1254 all witnesses, such as any medical professionals or personnel 1255 who are or have been involved with the respondent’s treatment, 1256 to remotely attend and testify at the hearing under oath via the 1257 most appropriate and convenient technological method of 1258 communication available to the court, including, but not limited 1259 to, teleconferencethe respondent’s protective custody,1260emergency admission, involuntary assessment, or alternative1261involuntary admission. The respondent must be present unless the1262court finds that his or her presence is likely to be injurious1263to himself or herself or others, in which event the court must1264appoint a guardian advocate to act in behalf of the respondent1265throughout the proceedings. 1266 (b) If the respondent was not, or had previously refused to 1267 be, assessed by a qualified professional or a licensed physician 1268 and the court reasonably believes, based on the petition and 1269 evidence presented, that the respondent qualifies for 1270 involuntary placement, the court must give the respondent an 1271 opportunity to consent to an examination by a court-appointed or 1272 otherwise agreed upon physician. If the respondent consents, the 1273 court shall reschedule the hearing within 10 court working days 1274 and, after notifying the parties of the rescheduled hearing 1275 date, continue the case. The assessment must occur before the 1276 rescheduled hearing date unless the court orders otherwise. 1277 However, if the respondent refuses to be assessed, or if the 1278 respondent agrees to be assessed but the court suspects that the 1279 respondent will not voluntarily appear at a rescheduled hearing, 1280 the court may enter a preliminary order committing the 1281 respondent to an appropriate treatment facility for further 1282 evaluation until the date of the rescheduled hearing. 1283 (c)1. The respondent’s assessment by a qualified 1284 professional must occur within 72 hours of his or her arrival at 1285 the licensed service provider. If the person conducting the 1286 assessment is not a licensed physician, the assessment must be 1287 reviewed by a licensed physician within the 72-hour period. 1288 However, the service provider may petition the court in writing 1289 for an extension of time to complete an evaluation if a 1290 qualified professional is unable to complete the assessment and 1291 stabilize the respondent within 72 hours after the respondent’s 1292 arrival. The service provider must furnish copies of its request 1293 to all parties in accordance with applicable confidentiality 1294 requirements. With or without a hearing, the court may grant 1295 additional time, not to exceed 3 days before the rescheduled 1296 treatment hearing. 1297 2. Upon the completion of his or her report, the qualified 1298 professional, in accordance with applicable confidentiality 1299 requirements, shall provide copies to the court and all relevant 1300 parties and counsel. Based upon the involuntary assessment, a 1301 service provider; a qualified professional of the hospital, 1302 detoxification facility, or addictions receiving facility; or, 1303 when a less restrictive component has been used, a qualified 1304 professional may hold the respondent until the rescheduled 1305 hearing and may initiate treatment. If the court subsequently 1306 finds that treatment is necessary, any days of treatment 1307 provided before such hearing may be deducted from the court’s 1308 final treatment order. Alternatively, the qualified professional 1309 or service provider may either release the individual and, if 1310 appropriate, refer him or her to another treatment facility or 1311 service provider or to community services; or allow the 1312 individual, with his or her consent, to remain voluntarily at 1313 the licensed service provider. 1314 (d) The court or magistrate may order a law enforcement 1315 officer or other designated agent of the court to take the 1316 respondent into custody and transport him or her to or from the 1317 treating or assessing service provider and the court for his or 1318 her hearing. 1319 (2) The petitioner has the burden of proving by clear and 1320 convincing evidence that: 1321 (a) The respondent is substance abuse impaired, has lost 1322 the power of self-control with respect to substance abuse, and 1323 has a history of lack of compliance with treatment for substance 1324 abuse; and 1325 (b) Because of such impairment the respondent is unlikely 1326 to voluntarily participate in the recommended services or is 1327 unable to determine for himself or herself whether services are 1328 necessary and: 1329 1.a. Without services, the respondent is likely to suffer 1330 from neglect or refuse to care for himself or herself; that such 1331 neglect or refusal poses a real and present threat of 1332 substantial harm to his or her well-being; and that it is not 1333 apparent that such harm may be avoided through the help of 1334 willing, able, and responsible family members or friends or the 1335 provisions of other services; or 1336 b. There is a substantial likelihood that, unless admitted, 1337without servicesthe respondent has inflicted, or threatened to 1338 or attempted to inflict, or in the near future, as evidenced by 1339 his or her behavior, acts, or omissions, will likely cause 1340 serious harm to self or others, which includes property damage 1341will cause serious bodily harm to himself, herself, or another1342in the near future, as evidenced by recent behavior; or 1343 2. The respondent is in need of substance abuse services 1344 but refusesrespondent’s refusalto voluntarily receive care due 1345 tois based onjudgment so impaired by reason of substance abuse 1346 that the respondent is incapable of appreciating his or her need 1347 for care and of making a rational decision regarding that need 1348 for care. Mere refusal to receive such services does not 1349 constitute evidence of lack of judgment with respect to his or 1350 her need for services. 1351 (3)One of the qualified professionals who executed the1352involuntary services certificate must be a witness. The court1353shall allow testimony from individuals, including family1354members, deemed by the court to be relevant under state law,1355regarding the respondent’s prior history and how that prior1356history relates to the person’s current condition. TheTestimony 1357 in the hearing must be taken under oath, and the proceedings 1358 must be recorded. The respondentpatientmay refuse to testify 1359 at the hearing. 1360 (4) If at any point during the hearing the court has reason 1361 to believe that the respondent, due to mental illness other than 1362 or in addition to substance abuse impairment, is likely to 1363 injure himself or herself or another if allowed to remain at 1364 liberty, or otherwise meets the involuntary commitment 1365 provisions of part I of chapter 394, the court may initiate 1366 involuntary proceedings under such provisions. 1367 (5)(4)At the conclusion of the hearing, the court shall 1368 either dismiss the petition or order the respondent to receive 1369 involuntary treatmentservicesfrom his or her chosen licensed 1370 service provider if possible and appropriate. Any treatment 1371 order must include findings regarding the respondent’s need for 1372 treatment and the appropriateness of other least restrictive 1373 alternatives. Such order may designate a specific service 1374 provider. 1375 Section 28. Section 397.697, Florida Statutes, is amended 1376 to read: 1377 397.697 Court determination; effect of court order for 1378 involuntary treatmentservices.— 1379 (1)(a) When the court finds that the conditions for 1380 involuntary treatmentserviceshave been proved by clear and 1381 convincing evidence, it may order the respondent to receive 1382 involuntary treatmentservicesfrom a publicly funded licensed 1383 service provider for a period not to exceed 90 days. The court 1384 may also order a respondent to undergo treatment through a 1385 privately funded licensed service provider if the respondent has 1386 the ability to pay for the treatment, or if any person on the 1387 respondent’s behalf voluntarily demonstrates a willingness and 1388 an ability to pay for the treatment. If the court finds it 1389 necessary, it may direct the sheriff to take the respondent into 1390 custody and deliver him or her to the licensed service provider 1391 specified in the court order, or to the nearest appropriate 1392 licensed service provider, for involuntary treatmentservices. 1393 When the conditions justifying involuntary treatmentservicesno 1394 longer exist, the individual must be released as provided in s. 1395 397.6971. When the conditions justifying involuntary treatment 1396servicesare expected to exist after 90 days of treatment 1397services, a renewal of the involuntary treatmentservicesorder 1398 may be requested pursuant to s. 397.6975 before the end of the 1399 90-day period. 1400 (b) To qualify for involuntary outpatient treatment, an 1401 individual must be supervised by a willing, able, and 1402 responsible friend, family member, social worker, guardian, 1403 guardian advocate, or case manager of a licensed service 1404 provider; and this supervisor shall inform the court if the 1405 respondent fails to comply with his or her outpatient program. 1406 In addition, unless the respondent has been involuntarily 1407 ordered into inpatient treatment under this chapter at least 1408 twice during the last 36 months, he or she must receive an 1409 assessment from a qualified professional or licensed physician 1410 expressly recommending outpatient services, and the respondent 1411 must agree to follow a prescribed outpatient treatment plan. It 1412 must also appear that the respondent is unlikely to become 1413 dangerous, suffer more serious harm or illness, or further 1414 deteriorate if such plan is followed. 1415 (2) In all cases resulting in an order for involuntary 1416 treatmentservices, the court shall retain jurisdiction over the 1417 case and the parties for the entry of such further orders as the 1418 circumstances may require, including, but not limited to, 1419 monitoring compliance with treatment, changing the treatment 1420 modality, or initiating contempt of court proceedings for 1421 violating any valid order issued pursuant to chapter 397. 1422 Hearings under this section may be set by motion of the parties 1423 or under the court’s own authority. In cases involving minors 1424 violating an involuntary treatment order, the court’s civil 1425 contempt powers are exempt from the time limitations of chapters 1426 984 and 985 and the court may instead hold the minor in contempt 1427 for the same amount of time as their court-ordered treatment, 1428 provided that the court clearly informs the minor that he or she 1429 can immediately purge the contempt finding by complying with the 1430 treatment order. Should this contempt order result in 1431 incarceration, the court must hold a status conference every 2 1432 to 4 weeks to assess the minor’s well-being and inquire into 1433 whether he or she will go to, and remain in, treatment. If the 1434 incarcerated minor agrees to comply with the court’s involuntary 1435 treatment order, service providers must prioritize his or her 1436 placement into treatment. The court’s requirements for 1437 notification of proposed release must be included in the 1438 original order. 1439 (3) An involuntary treatmentservicesorder also authorizes 1440 the licensed service provider to require the individual to 1441 receive treatmentservicesthat will benefit him or her, 1442 including treatmentservicesat any licensable service component 1443 of a licensed service provider. While subject to the court’s 1444 oversight, the service provider’s authority under this section 1445 is separate and distinct from the court’s continuing 1446 jurisdiction under subsection (2). 1447 (4) If the court orders involuntary treatmentservices, a 1448 copy of the order must be sent to the managing entity within 1 1449 working day after it is received from the court. Documents may 1450 be submitted electronically throughthoughexisting data 1451 systems, if applicable. 1452 Section 29. Section 397.6975, Florida Statutes, is amended 1453 to read: 1454 397.6975 Extension of involuntary treatmentservices1455 period.— 1456 (1) Whenever a service provider believes that an individual 1457 who is nearing the scheduled date of his or her release from 1458 involuntary careservicescontinues to meet the criteria for 1459 involuntary treatmentservicesin s. 397.693, a petition for 1460 renewal of the involuntary treatmentservicesorder mustmaybe 1461 filed with the courtat least 10 daysbefore the expiration of 1462 the court-ordered treatmentservicesperiod, preferably at least 1463 10 days before the expiration of such period. The petition may 1464 be filed by the service provider or by the petitioner of the 1465 initial treatment order if the petition is accompanied by 1466 supporting documentation from the service provider. The court 1467 shall immediately schedule a hearing to be held not more than 10 1468 court working15days after filing of the petition. Should the 1469 original treatment period expire while such hearing is pending, 1470 the court may order additional treatment if, upon reviewing the 1471 extension petition, the court concludes that an extension order 1472 will likely be granted. However, any additional treatment time 1473 must be deducted from any extension of treatment time granted. 1474 The court shall provide the copy of the petition for renewal and 1475 the notice of the hearing to all parties to the proceeding. The 1476 hearing is conducted pursuant to s. 397.6957. 1477 (2) If the court finds that the petition for renewal of the 1478 involuntary treatmentservicesorder should be granted, it may 1479 order the respondent to receive involuntary treatmentservices1480 for a period not to exceed an additional 90 days. When the 1481 conditions justifying involuntary treatmentservicesno longer 1482 exist, the individual must be released as provided in s. 1483 397.6971. When the conditions justifying involuntary treatment 1484servicescontinue to exist after an additional 90 days of 1485 treatmentservice, a new petition requesting renewal of the 1486 involuntary treatmentservicesorder may be filed pursuant to 1487 this section. 1488 (3) Within 1 court working day after the filing of a 1489 petition for continued involuntary treatmentservices, the court 1490 shall appoint the office of criminal conflict and civil regional 1491 counsel to represent the respondent, unless the respondent is 1492 otherwise represented by counsel. The clerk of the court shall 1493 immediately notify the office of criminal conflict and civil 1494 regional counsel of such appointment. The office of criminal 1495 conflict and civil regional counsel shall represent the 1496 respondent until the petition is dismissed or the court order 1497 expires or the respondent is discharged from involuntary 1498 treatmentservices. Any attorney representing the respondent 1499 shall have access to the respondent, witnesses, and records 1500 relevant to the presentation of the respondent’s case and shall 1501 represent the interests of the respondent, regardless of the 1502 source of payment to the attorney. 1503 (4) Hearings on petitions for continued involuntary 1504 treatmentservicesshall be before the circuit court. The court 1505 may appoint a magistrate to preside at the hearing. The 1506 procedures for obtaining an order pursuant to this section shall 1507 be in accordance with s. 397.697. 1508 (5) Notice of hearing shall be provided to the respondent 1509 or his or her counsel. The respondent and the respondent’s 1510 counsel may agree to a period of continued involuntary treatment 1511serviceswithout a court hearing. 1512 (6) The same procedure shall be repeated before the 1513 expiration of each additional period of involuntary treatment 1514services. 1515 (7) If the respondent has previously been found incompetent 1516 to consent to treatment, the court shall consider testimony and 1517 evidence regarding the respondent’s competence. 1518 Section 30. Section 397.6976, Florida Statutes, is created 1519 to read: 1520 397.6976 Involuntary treatment of habitual abusers.—Upon 1521 petition by any person authorized under s. 397.695, a person who 1522 meets the involuntary treatment criteria of this chapter who is 1523 also determined to be an habitual abuser may be committed by the 1524 court, after notice and hearing as provided in this chapter, to 1525 inpatient or outpatient treatment, or some combination thereof, 1526 without an assessment. Such commitment may not be for longer 1527 than 90 days, unless extended pursuant to s. 397.6975. For 1528 purposes of this section, “habitual abuser” means any person who 1529 has been involuntarily treated for substance abuse under this 1530 chapter three or more times during the 24 months before the date 1531 of the hearing, if each prior commitment order was initially for 1532 a period of 90 days. 1533 Section 31. Section 397.6978, Florida Statutes, is 1534 repealed. 1535 Section 32. Subsection (4) of section 397.706, Florida 1536 Statutes, is amended to read: 1537 397.706 Screening, assessment, and disposition of juvenile 1538 offenders.— 1539 (4) The court may require juvenile offenders and their 1540 families to participate in substance abuse assessment and 1541 treatment services in accordance with the provisions of chapter 1542 984 or chapter 985 and may use its contempt powers to enforce 1543 its orders. In cases involving minors violating an involuntary 1544 treatment order, the court’s civil contempt powers are exempt 1545 from the time limitations of chapters 984 and 985 and the court 1546 may instead hold the minor in contempt for the same amount of 1547 time as their court-ordered treatment, provided that the court 1548 clearly informs the minor that he or she can immediately purge 1549 the contempt finding by complying with the treatment order. 1550 Should this contempt order result in incarceration, the court 1551 must hold a status conference every 2 to 4 weeks to assess the 1552 minor’s well-being and inquire into whether he or she will go 1553 to, and remain in, treatment. If the incarcerated minor agrees 1554 to comply with the court’s involuntary treatment order, service 1555 providers must prioritize his or her placement into treatment. 1556 Section 33. Paragraph (d) of subsection (2) of section 1557 394.4599, Florida Statutes, is amended to read: 1558 394.4599 Notice.— 1559 (2) INVOLUNTARY ADMISSION.— 1560 (d) The written notice of the filing of the petition for 1561 involuntary services for an individual being held must contain 1562 the following: 1563 1. Notice that the petition for:1564a.involuntary inpatient treatment pursuant to s. 394.467 1565 has been filed with the circuit court in the county in which the 1566 individual is hospitalized and the address of such court; or1567b. Involuntary outpatient services pursuant to s. 394.46551568has been filed with the criminal county court, as defined in s.1569394.4655(1), or the circuit court, as applicable, in the county1570in which the individual is hospitalized and the address of such1571court. 1572 2. Notice that the office of the public defender has been 1573 appointed to represent the individual in the proceeding, if the 1574 individual is not otherwise represented by counsel. 1575 3. The date, time, and place of the hearing and the name of 1576 each examining expert and every other person expected to testify 1577 in support of continued detention. 1578 4. Notice that the individual, the individual’s guardian, 1579 guardian advocate, health care surrogate or proxy, or 1580 representative, or the administrator may apply for a change of 1581 venue for the convenience of the parties or witnesses or because 1582 of the condition of the individual. 1583 5. Notice that the individual is entitled to an independent 1584 expert examination and, if the individual cannot afford such an 1585 examination, that the court will provide for one. 1586 Section 34. Subsection (3) of section 394.4615, Florida 1587 Statutes, is amended to read: 1588 394.4615 Clinical records; confidentiality.— 1589 (3) Information from the clinical record may be released in 1590 the following circumstances: 1591 (a) When a patient has declared an intention to harm other 1592 persons. When such declaration has been made, the administrator 1593 may authorize the release of sufficient information to provide 1594 adequate warning to the person threatened with harm by the 1595 patient. 1596 (b) When the administrator of the facility or secretary of 1597 the department deems release to a qualified researcher as 1598 defined in administrative rule, an aftercare treatment provider, 1599 or an employee or agent of the department is necessary for 1600 treatment of the patient, maintenance of adequate records, 1601 compilation of treatment data, aftercare planning, or evaluation 1602 of programs. 1603 1604 For the purpose of determining whether a person meets the 1605 criteria for involuntary outpatient placementor for preparing1606the proposed treatment plan pursuant to s. 394.4655, the 1607 clinical record may be released to the state attorney, the 1608 public defender or the patient’s private legal counsel, the 1609 court, and to the appropriate mental health professionals,1610including the service provider identified in s.1611394.4655(7)(b)2.,in accordance with state and federal law. 1612 Section 35. Section 397.6971, Florida Statutes, is amended 1613 to read: 1614 397.6971 Early release from involuntary treatment 1615services.— 1616 (1) At any time before the end of the 90-day involuntary 1617 treatmentservicesperiod, or before the end of any extension 1618 granted pursuant to s. 397.6975, an individual receiving 1619 involuntary treatmentservicesmay be determined eligible for 1620 discharge to the most appropriate referral or disposition for 1621 the individual when any of the following apply: 1622 (a) The individual no longer meets the criteria for 1623 involuntary admission and has given his or her informed consent 1624 to be transferred to voluntary treatment status. 1625 (b) If the individual was admitted on the grounds of 1626 likelihood of infliction of physical harm upon himself or 1627 herself or others, such likelihood no longer exists. 1628 (c) If the individual was admitted on the grounds of need 1629 for assessment and stabilization or treatment, accompanied by 1630 inability to make a determination respecting such need: 1631 1. Such inability no longer exists; or 1632 2. It is evident that further treatment will not bring 1633 about further significant improvements in the individual’s 1634 condition. 1635 (d) The individual is no longer in need of treatment 1636services. 1637 (e) The director of the service provider determines that 1638 the individual is beyond the safe management capabilities of the 1639 provider. 1640 (2) Whenever a qualified professional determines that an 1641 individual admitted for involuntary treatmentservicesqualifies 1642 for early release under subsection (1), the service provider 1643 shall immediately discharge the individual and must notify all 1644 persons specified by the court in the original treatment order. 1645 Section 36. Section 397.6977, Florida Statutes, is amended 1646 to read: 1647 397.6977 Disposition of individual upon completion of 1648 involuntary treatmentservices.—At the conclusion of the 90-day 1649 period of court-ordered involuntary treatmentservices, the 1650 respondent is automatically discharged unless a motion for 1651 renewal of the involuntary treatmentservicesorder has been 1652 filed with the court pursuant to s. 397.6975. 1653 Section 37. Paragraph (e) of subsection (5) of section 1654 212.055, Florida Statutes, is amended to read: 1655 212.055 Discretionary sales surtaxes; legislative intent; 1656 authorization and use of proceeds.—It is the legislative intent 1657 that any authorization for imposition of a discretionary sales 1658 surtax shall be published in the Florida Statutes as a 1659 subsection of this section, irrespective of the duration of the 1660 levy. Each enactment shall specify the types of counties 1661 authorized to levy; the rate or rates which may be imposed; the 1662 maximum length of time the surtax may be imposed, if any; the 1663 procedure which must be followed to secure voter approval, if 1664 required; the purpose for which the proceeds may be expended; 1665 and such other requirements as the Legislature may provide. 1666 Taxable transactions and administrative procedures shall be as 1667 provided in s. 212.054. 1668 (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in 1669 s. 125.011(1) may levy the surtax authorized in this subsection 1670 pursuant to an ordinance either approved by extraordinary vote 1671 of the county commission or conditioned to take effect only upon 1672 approval by a majority vote of the electors of the county voting 1673 in a referendum. In a county as defined in s. 125.011(1), for 1674 the purposes of this subsection, “county public general 1675 hospital” means a general hospital as defined in s. 395.002 1676 which is owned, operated, maintained, or governed by the county 1677 or its agency, authority, or public health trust. 1678 (e) A governing board, agency, or authority shall be 1679 chartered by the county commission upon this act becoming law. 1680 The governing board, agency, or authority shall adopt and 1681 implement a health care plan for indigent health care services. 1682 The governing board, agency, or authority shall consist of no 1683 more than seven and no fewer than five members appointed by the 1684 county commission. The members of the governing board, agency, 1685 or authority shall be at least 18 years of age and residents of 1686 the county. No member may be employed by or affiliated with a 1687 health care provider or the public health trust, agency, or 1688 authority responsible for the county public general hospital. 1689 The following community organizations shall each appoint a 1690 representative to a nominating committee: the South Florida 1691 Hospital and Healthcare Association, the Miami-Dade County 1692 Public Health Trust, the Dade County Medical Association, the 1693 Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade 1694 County. This committee shall nominate between 10 and 14 county 1695 citizens for the governing board, agency, or authority. The 1696 slate shall be presented to the county commission and the county 1697 commission shall confirm the top five to seven nominees, 1698 depending on the size of the governing board. Until such time as 1699 the governing board, agency, or authority is created, the funds 1700 provided for in subparagraph (d)2. shall be placed in a 1701 restricted account set aside from other county funds and not 1702 disbursed by the county for any other purpose. 1703 1. The plan shall divide the county into a minimum of four 1704 and maximum of six service areas, with no more than one 1705 participant hospital per service area. The county public general 1706 hospital shall be designated as the provider for one of the 1707 service areas. Services shall be provided through participants’ 1708 primary acute care facilities. 1709 2. The plan and subsequent amendments to it shall fund a 1710 defined range of health care services for both indigent persons 1711 and the medically poor, including primary care, preventive care, 1712 hospital emergency room care, and hospital care necessary to 1713 stabilize the patient. For the purposes of this section, 1714 “stabilization” means stabilization as defined in s. 397.311s.1715397.311(45). Where consistent with these objectives, the plan 1716 may include services rendered by physicians, clinics, community 1717 hospitals, and alternative delivery sites, as well as at least 1718 one regional referral hospital per service area. The plan shall 1719 provide that agreements negotiated between the governing board, 1720 agency, or authority and providers shall recognize hospitals 1721 that render a disproportionate share of indigent care, provide 1722 other incentives to promote the delivery of charity care to draw 1723 down federal funds where appropriate, and require cost 1724 containment, including, but not limited to, case management. 1725 From the funds specified in subparagraphs (d)1. and 2. for 1726 indigent health care services, service providers shall receive 1727 reimbursement at a Medicaid rate to be determined by the 1728 governing board, agency, or authority created pursuant to this 1729 paragraph for the initial emergency room visit, and a per-member 1730 per-month fee or capitation for those members enrolled in their 1731 service area, as compensation for the services rendered 1732 following the initial emergency visit. Except for provisions of 1733 emergency services, upon determination of eligibility, 1734 enrollment shall be deemed to have occurred at the time services 1735 were rendered. The provisions for specific reimbursement of 1736 emergency services shall be repealed on July 1, 2001, unless 1737 otherwise reenacted by the Legislature. The capitation amount or 1738 rate shall be determined before program implementation by an 1739 independent actuarial consultant. In no event shall such 1740 reimbursement rates exceed the Medicaid rate. The plan must also 1741 provide that any hospitals owned and operated by government 1742 entities on or after the effective date of this act must, as a 1743 condition of receiving funds under this subsection, afford 1744 public access equal to that provided under s. 286.011 as to any 1745 meeting of the governing board, agency, or authority the subject 1746 of which is budgeting resources for the retention of charity 1747 care, as that term is defined in the rules of the Agency for 1748 Health Care Administration. The plan shall also include 1749 innovative health care programs that provide cost-effective 1750 alternatives to traditional methods of service and delivery 1751 funding. 1752 3. The plan’s benefits shall be made available to all 1753 county residents currently eligible to receive health care 1754 services as indigents or medically poor as defined in paragraph 1755 (4)(d). 1756 4. Eligible residents who participate in the health care 1757 plan shall receive coverage for a period of 12 months or the 1758 period extending from the time of enrollment to the end of the 1759 current fiscal year, per enrollment period, whichever is less. 1760 5. At the end of each fiscal year, the governing board, 1761 agency, or authority shall prepare an audit that reviews the 1762 budget of the plan, delivery of services, and quality of 1763 services, and makes recommendations to increase the plan’s 1764 efficiency. The audit shall take into account participant 1765 hospital satisfaction with the plan and assess the amount of 1766 poststabilization patient transfers requested, and accepted or 1767 denied, by the county public general hospital. 1768 Section 38. Subsection (1) of section 394.4598, Florida 1769 Statutes, is amended to read: 1770 394.4598 Guardian advocate.— 1771 (1) The administrator may petition the court for the 1772 appointment of a guardian advocate based upon the opinion of a 1773 psychiatrist that the patient is incompetent to consent to 1774 treatment. If the court finds that a patient is incompetent to 1775 consent to treatment and has not been adjudicated incapacitated 1776 and a guardian with the authority to consent to mental health 1777 treatment appointed, it shall appoint a guardian advocate. The 1778 patient has the right to have an attorney represent him or her 1779 at the hearing. If the person is indigent, the court shall 1780 appoint the office of the public defender to represent him or 1781 her at the hearing. The patient has the right to testify, cross 1782 examine witnesses, and present witnesses. The proceeding shall 1783 be recorded either electronically or stenographically, and 1784 testimony shall be provided under oath. One of the professionals 1785 authorized to give an opinion in support of a petition for 1786 involuntary placement, as described ins. 394.4655 ors. 1787 394.467, must testify. A guardian advocate must meet the 1788 qualifications of a guardian contained in part IV of chapter 1789 744, except that a professional referred to in this part, an 1790 employee of the facility providing direct services to the 1791 patient under this part, a departmental employee, a facility 1792 administrator, or member of the Florida local advocacy council 1793 mayshallnot be appointed. A person who is appointed as a 1794 guardian advocate must agree to the appointment. 1795 Section 39. Section 394.462, Florida Statutes, is amended 1796 to read: 1797 394.462 Transportation.—A transportation plan shall be 1798 developed and implemented by each county in collaboration with 1799 the managing entity in accordance with this section. A county 1800 may enter into a memorandum of understanding with the governing 1801 boards of nearby counties to establish a shared transportation 1802 plan. When multiple counties enter into a memorandum of 1803 understanding for this purpose, the counties shall notify the 1804 managing entity and provide it with a copy of the agreement. The 1805 transportation plan shall describe methods of transport to a 1806 facility within the designated receiving system for individuals 1807 subject to involuntary examination under s. 394.463 or 1808 involuntary admission under s. 397.6772, s. 397.679, or s. 1809 397.6798,or s. 397.6811,and may identify responsibility for 1810 other transportation to a participating facility when necessary 1811 and agreed to by the facility. The plan may rely on emergency 1812 medical transport services or private transport companies, as 1813 appropriate. The plan shall comply with the transportation 1814 provisions of this section and ss. 397.6772, 397.6795,397.6822,1815 and 397.697. 1816 (1) TRANSPORTATION TO A RECEIVING FACILITY.— 1817 (a) Each county shall designate a single law enforcement 1818 agency within the county, or portions thereof, to take a person 1819 into custody upon the entry of an ex parte order or the 1820 execution of a certificate for involuntary examination by an 1821 authorized professional and to transport that person to the 1822 appropriate facility within the designated receiving system 1823 pursuant to a transportation plan. 1824 (b)1. The designated law enforcement agency may decline to 1825 transport the person to a receiving facility only if: 1826 a. The jurisdiction designated by the county has contracted 1827 on an annual basis with an emergency medical transport service 1828 or private transport company for transportation of persons to 1829 receiving facilities pursuant to this section at the sole cost 1830 of the county; and 1831 b. The law enforcement agency and the emergency medical 1832 transport service or private transport company agree that the 1833 continued presence of law enforcement personnel is not necessary 1834 for the safety of the person or others. 1835 2. The entity providing transportation may seek 1836 reimbursement for transportation expenses. The party responsible 1837 for payment for such transportation is the person receiving the 1838 transportation. The county shall seek reimbursement from the 1839 following sources in the following order: 1840 a. From a private or public third-party payor, if the 1841 person receiving the transportation has applicable coverage. 1842 b. From the person receiving the transportation. 1843 c. From a financial settlement for medical care, treatment, 1844 hospitalization, or transportation payable or accruing to the 1845 injured party. 1846 (c) A company that transports a patient pursuant to this 1847 subsection is considered an independent contractor and is solely 1848 liable for the safe and dignified transport of the patient. Such 1849 company must be insured and provide no less than $100,000 in 1850 liability insurance with respect to the transport of patients. 1851 (d) Any company that contracts with a governing board of a 1852 county to transport patients shall comply with the applicable 1853 rules of the department to ensure the safety and dignity of 1854 patients. 1855 (e) When a law enforcement officer takes custody of a 1856 person pursuant to this part, the officer may request assistance 1857 from emergency medical personnel if such assistance is needed 1858 for the safety of the officer or the person in custody. 1859 (f) When a member of a mental health overlay program or a 1860 mobile crisis response service is a professional authorized to 1861 initiate an involuntary examination pursuant to s. 394.463 or s. 1862 397.675 and that professional evaluates a person and determines 1863 that transportation to a receiving facility is needed, the 1864 service, at its discretion, may transport the person to the 1865 facility or may call on the law enforcement agency or other 1866 transportation arrangement best suited to the needs of the 1867 patient. 1868 (g) When any law enforcement officer has custody of a 1869 person based on either noncriminal or minor criminal behavior 1870 that meets the statutory guidelines for involuntary examination 1871 pursuant to s. 394.463, the law enforcement officer shall 1872 transport the person to the appropriate facility within the 1873 designated receiving system pursuant to a transportation plan. 1874 Persons who meet the statutory guidelines for involuntary 1875 admission pursuant to s. 397.675 may also be transported by law 1876 enforcement officers to the extent resources are available and 1877 as otherwise provided by law. Such persons shall be transported 1878 to an appropriate facility within the designated receiving 1879 system pursuant to a transportation plan. 1880 (h) When any law enforcement officer has arrested a person 1881 for a felony and it appears that the person meets the statutory 1882 guidelines for involuntary examination or placement under this 1883 part, such person must first be processed in the same manner as 1884 any other criminal suspect. The law enforcement agency shall 1885 thereafter immediately notify the appropriate facility within 1886 the designated receiving system pursuant to a transportation 1887 plan. The receiving facility shall be responsible for promptly 1888 arranging for the examination and treatment of the person. A 1889 receiving facility is not required to admit a person charged 1890 with a crime for whom the facility determines and documents that 1891 it is unable to provide adequate security, but shall provide 1892 examination and treatment to the person where he or she is held. 1893 (i) If the appropriate law enforcement officer believes 1894 that a person has an emergency medical condition as defined in 1895 s. 395.002, the person may be first transported to a hospital 1896 for emergency medical treatment, regardless of whether the 1897 hospital is a designated receiving facility. 1898 (j) The costs of transportation, evaluation, 1899 hospitalization, and treatment incurred under this subsection by 1900 persons who have been arrested for violations of any state law 1901 or county or municipal ordinance may be recovered as provided in 1902 s. 901.35. 1903 (k) The appropriate facility within the designated 1904 receiving system pursuant to a transportation plan must accept 1905 persons brought by law enforcement officers, or an emergency 1906 medical transport service or a private transport company 1907 authorized by the county, for involuntary examination pursuant 1908 to s. 394.463. 1909 (l) The appropriate facility within the designated 1910 receiving system pursuant to a transportation plan must provide 1911 persons brought by law enforcement officers, or an emergency 1912 medical transport service or a private transport company 1913 authorized by the county, pursuant to s. 397.675, a basic 1914 screening or triage sufficient to refer the person to the 1915 appropriate services. 1916 (m) Each law enforcement agency designated pursuant to 1917 paragraph (a) shall establish a policy that reflects a single 1918 set of protocols for the safe and secure transportation and 1919 transfer of custody of the person. Each law enforcement agency 1920 shall provide a copy of the protocols to the managing entity. 1921 (n) When a jurisdiction has entered into a contract with an 1922 emergency medical transport service or a private transport 1923 company for transportation of persons to facilities within the 1924 designated receiving system, such service or company shall be 1925 given preference for transportation of persons from nursing 1926 homes, assisted living facilities, adult day care centers, or 1927 adult family-care homes, unless the behavior of the person being 1928 transported is such that transportation by a law enforcement 1929 officer is necessary. 1930 (o) This section may not be construed to limit emergency 1931 examination and treatment of incapacitated persons provided in 1932 accordance with s. 401.445. 1933 (2) TRANSPORTATION TO A TREATMENT FACILITY.— 1934 (a) If neither the patient nor any person legally obligated 1935 or responsible for the patient is able to pay for the expense of 1936 transporting a voluntary or involuntary patient to a treatment 1937 facility, the transportation plan established by the governing 1938 board of the county or counties must specify how the 1939 hospitalized patient will be transported to, from, and between 1940 facilities in a safe and dignified manner. 1941 (b) A company that transports a patient pursuant to this 1942 subsection is considered an independent contractor and is solely 1943 liable for the safe and dignified transportation of the patient. 1944 Such company must be insured and provide no less than $100,000 1945 in liability insurance with respect to the transport of 1946 patients. 1947 (c) A company that contracts with one or more counties to 1948 transport patients in accordance with this section shall comply 1949 with the applicable rules of the department to ensure the safety 1950 and dignity of patients. 1951 (d) County or municipal law enforcement and correctional 1952 personnel and equipment may not be used to transport patients 1953 adjudicated incapacitated or found by the court to meet the 1954 criteria for involuntary placement pursuant to s. 394.467, 1955 except in small rural counties where there are no cost-efficient 1956 alternatives. 1957 (3) TRANSFER OF CUSTODY.—Custody of a person who is 1958 transported pursuant to this part, along with related 1959 documentation, shall be relinquished to a responsible individual 1960 at the appropriate receiving or treatment facility. 1961 Section 40. Subsection (3) of section 394.495, Florida 1962 Statutes, is amended to read: 1963 394.495 Child and adolescent mental health system of care; 1964 programs and services.— 1965 (3) Assessments must be performed by: 1966 (a) A clinical psychologist, clinical social worker, 1967 physician, psychiatric nurse, or psychiatrist as those terms are 1968 defined in s. 394.455professional as defined in s. 394.455(5),1969(7), (32), (35), or (36); 1970 (b) A professional licensed under chapter 491; or 1971 (c) A person who is under the direct supervision of a 1972 clinical psychologist, clinical social worker, physician, 1973 psychiatric nurse, or psychiatrist as those terms are defined in 1974 s. 394.455qualified professional as defined in s. 394.455(5),1975(7), (32), (35), or (36)or a professional licensed under 1976 chapter 491. 1977 Section 41. Subsection (5) of section 394.496, Florida 1978 Statutes, is amended to read: 1979 394.496 Service planning.— 1980 (5) A clinical psychologist, clinical social worker, 1981 physician, psychiatric nurse, or psychiatrist as those terms are 1982 defined in s. 394.455professional as defined in s. 394.455(5),1983(7), (32), (35), or (36)or a professional licensed under 1984 chapter 491 must be included among those persons developing the 1985 services plan. 1986 Section 42. Subsection (6) of section 394.9085, Florida 1987 Statutes, is amended to read: 1988 394.9085 Behavioral provider liability.— 1989 (6) For purposes of this section, the terms “detoxification 1990 services,” “addictions receiving facility,” and “receiving 1991 facility” have the same meanings as those provided in ss. 1992 397.311(26)(a)4., 397.311(26)(a)1., and 394.455(41)394.455(39), 1993 respectively. 1994 Section 43. Section 397.416, Florida Statutes, is amended 1995 to read: 1996 397.416 Substance abuse treatment services; qualified 1997 professional.—Notwithstanding any other provision of law, a 1998 person who was certified through a certification process 1999 recognized by the former Department of Health and Rehabilitative 2000 Services before January 1, 1995, may perform the duties of a 2001 qualified professional with respect to substance abuse treatment 2002 services as defined in this chapter, and need not meet the 2003 certification requirements contained in s. 397.311(35)s.2004397.311(34). 2005 Section 44. Paragraph (b) of subsection (1) of section 2006 409.972, Florida Statutes, is amended to read: 2007 409.972 Mandatory and voluntary enrollment.— 2008 (1) The following Medicaid-eligible persons are exempt from 2009 mandatory managed care enrollment required by s. 409.965, and 2010 may voluntarily choose to participate in the managed medical 2011 assistance program: 2012 (b) Medicaid recipients residing in residential commitment 2013 facilities operated through the Department of Juvenile Justice 2014 or a treatment facility as defined in s. 394.455s. 394.455(47). 2015 Section 45. Paragraphs (d) and (g) of subsection (1) of 2016 section 440.102, Florida Statutes, are amended to read: 2017 440.102 Drug-free workplace program requirements.—The 2018 following provisions apply to a drug-free workplace program 2019 implemented pursuant to law or to rules adopted by the Agency 2020 for Health Care Administration: 2021 (1) DEFINITIONS.—Except where the context otherwise 2022 requires, as used in this act: 2023 (d) “Drug rehabilitation program” means a service provider, 2024 as defined in s. 397.311established pursuant to s. 397.311(43), 2025 that provides confidential, timely, and expert identification, 2026 assessment, and resolution of employee drug abuse. 2027 (g) “Employee assistance program” means an established 2028 program capable of providing expert assessment of employee 2029 personal concerns; confidential and timely identification 2030 services with regard to employee drug abuse; referrals of 2031 employees for appropriate diagnosis, treatment, and assistance; 2032 and followup services for employees who participate in the 2033 program or require monitoring after returning to work. If, in 2034 addition to the above activities, an employee assistance program 2035 provides diagnostic and treatment services, these services shall 2036 in all cases be provided by service providers, as defined in s. 2037 397.311pursuant to s. 397.311(43). 2038 Section 46. Paragraph (e) of subsection (4) of section 2039 464.012, Florida Statutes, is amended to read: 2040 464.012 Licensure of advanced practice registered nurses; 2041 fees; controlled substance prescribing.— 2042 (4) In addition to the general functions specified in 2043 subsection (3), an advanced practice registered nurse may 2044 perform the following acts within his or her specialty: 2045 (e) A psychiatric nurse, who meets the requirements in s. 2046 394.455(36)s. 394.455(35), within the framework of an 2047 established protocol with a psychiatrist, may prescribe 2048 psychotropic controlled substances for the treatment of mental 2049 disorders. 2050 Section 47. Subsection (7) of section 744.2007, Florida 2051 Statutes, is amended to read: 2052 744.2007 Powers and duties.— 2053 (7) A public guardian may not commit a ward to a treatment 2054 facility, as defined in s. 394.455s. 394.455(47), without an 2055 involuntary placement proceeding as provided by law. 2056 Section 48. Paragraph (a) of subsection (2) of section 2057 790.065, Florida Statutes, is amended to read: 2058 790.065 Sale and delivery of firearms.— 2059 (2) Upon receipt of a request for a criminal history record 2060 check, the Department of Law Enforcement shall, during the 2061 licensee’s call or by return call, forthwith: 2062 (a) Review any records available to determine if the 2063 potential buyer or transferee: 2064 1. Has been convicted of a felony and is prohibited from 2065 receipt or possession of a firearm pursuant to s. 790.23; 2066 2. Has been convicted of a misdemeanor crime of domestic 2067 violence, and therefore is prohibited from purchasing a firearm; 2068 3. Has had adjudication of guilt withheld or imposition of 2069 sentence suspended on any felony or misdemeanor crime of 2070 domestic violence unless 3 years have elapsed since probation or 2071 any other conditions set by the court have been fulfilled or 2072 expunction has occurred; or 2073 4. Has been adjudicated mentally defective or has been 2074 committed to a mental institution by a court or as provided in 2075 sub-sub-subparagraph b.(II), and as a result is prohibited by 2076 state or federal law from purchasing a firearm. 2077 a. As used in this subparagraph, “adjudicated mentally 2078 defective” means a determination by a court that a person, as a 2079 result of marked subnormal intelligence, or mental illness, 2080 incompetency, condition, or disease, is a danger to himself or 2081 herself or to others or lacks the mental capacity to contract or 2082 manage his or her own affairs. The phrase includes a judicial 2083 finding of incapacity under s. 744.331(6)(a), an acquittal by 2084 reason of insanity of a person charged with a criminal offense, 2085 and a judicial finding that a criminal defendant is not 2086 competent to stand trial. 2087 b. As used in this subparagraph, “committed to a mental 2088 institution” means: 2089 (I) Involuntary commitment, commitment for mental 2090 defectiveness or mental illness, and commitment for substance 2091 abuse. The phrase includes involuntary inpatient placement under 2092 s. 394.467as defined in s. 394.467, involuntary outpatient2093placement as defined in s. 394.4655, involuntary assessment and2094stabilization under s. 397.6818,and involuntary substance abuse 2095 treatment under s. 397.6957, but does not include a person in a 2096 mental institution for observation or discharged from a mental 2097 institution based upon the initial review by the physician or a 2098 voluntary admission to a mental institution; or 2099 (II) Notwithstanding sub-sub-subparagraph (I), voluntary 2100 admission to a mental institution for outpatient or inpatient 2101 treatment of a person who had an involuntary examination under 2102 s. 394.463, where each of the following conditions have been 2103 met: 2104 (A) An examining physician found that the person is an 2105 imminent danger to himself or herself or others. 2106 (B) The examining physician certified that if the person 2107 did not agree to voluntary treatment, a petition for involuntary 2108 outpatient or inpatient treatment would have been filed under s. 2109 394.463(2)(g)4., or the examining physician certified that a 2110 petition was filed and the person subsequently agreed to 2111 voluntary treatment prior to a court hearing on the petition. 2112 (C) Before agreeing to voluntary treatment, the person 2113 received written notice of that finding and certification, and 2114 written notice that as a result of such finding, he or she may 2115 be prohibited from purchasing a firearm, and may not be eligible 2116 to apply for or retain a concealed weapon or firearms license 2117 under s. 790.06 and the person acknowledged such notice in 2118 writing, in substantially the following form: 2119 2120 “I understand that the doctor who examined me believes I am a 2121 danger to myself or to others. I understand that if I do not 2122 agree to voluntary treatment, a petition will be filed in court 2123 to require me to receive involuntary treatment. I understand 2124 that if that petition is filed, I have the right to contest it. 2125 In the event a petition has been filed, I understand that I can 2126 subsequently agree to voluntary treatment prior to a court 2127 hearing. I understand that by agreeing to voluntary treatment in 2128 either of these situations, I may be prohibited from buying 2129 firearms and from applying for or retaining a concealed weapons 2130 or firearms license until I apply for and receive relief from 2131 that restriction under Florida law.” 2132 2133 (D) A judge or a magistrate has, pursuant to sub-sub 2134 subparagraph c.(II), reviewed the record of the finding, 2135 certification, notice, and written acknowledgment classifying 2136 the person as an imminent danger to himself or herself or 2137 others, and ordered that such record be submitted to the 2138 department. 2139 c. In order to check for these conditions, the department 2140 shall compile and maintain an automated database of persons who 2141 are prohibited from purchasing a firearm based on court records 2142 of adjudications of mental defectiveness or commitments to 2143 mental institutions. 2144 (I) Except as provided in sub-sub-subparagraph (II), clerks 2145 of court shall submit these records to the department within 1 2146 month after the rendition of the adjudication or commitment. 2147 Reports shall be submitted in an automated format. The reports 2148 must, at a minimum, include the name, along with any known alias 2149 or former name, the sex, and the date of birth of the subject. 2150 (II) For persons committed to a mental institution pursuant 2151 to sub-sub-subparagraph b.(II), within 24 hours after the 2152 person’s agreement to voluntary admission, a record of the 2153 finding, certification, notice, and written acknowledgment must 2154 be filed by the administrator of the receiving or treatment 2155 facility, as defined in s. 394.455, with the clerk of the court 2156 for the county in which the involuntary examination under s. 2157 394.463 occurred. No fee shall be charged for the filing under 2158 this sub-sub-subparagraph. The clerk must present the records to 2159 a judge or magistrate within 24 hours after receipt of the 2160 records. A judge or magistrate is required and has the lawful 2161 authority to review the records ex parte and, if the judge or 2162 magistrate determines that the record supports the classifying 2163 of the person as an imminent danger to himself or herself or 2164 others, to order that the record be submitted to the department. 2165 If a judge or magistrate orders the submittal of the record to 2166 the department, the record must be submitted to the department 2167 within 24 hours. 2168 d. A person who has been adjudicated mentally defective or 2169 committed to a mental institution, as those terms are defined in 2170 this paragraph, may petition the court that made the 2171 adjudication or commitment, or the court that ordered that the 2172 record be submitted to the department pursuant to sub-sub 2173 subparagraph c.(II), for relief from the firearm disabilities 2174 imposed by such adjudication or commitment. A copy of the 2175 petition shall be served on the state attorney for the county in 2176 which the person was adjudicated or committed. The state 2177 attorney may object to and present evidence relevant to the 2178 relief sought by the petition. The hearing on the petition may 2179 be open or closed as the petitioner may choose. The petitioner 2180 may present evidence and subpoena witnesses to appear at the 2181 hearing on the petition. The petitioner may confront and cross 2182 examine witnesses called by the state attorney. A record of the 2183 hearing shall be made by a certified court reporter or by court 2184 approved electronic means. The court shall make written findings 2185 of fact and conclusions of law on the issues before it and issue 2186 a final order. The court shall grant the relief requested in the 2187 petition if the court finds, based on the evidence presented 2188 with respect to the petitioner’s reputation, the petitioner’s 2189 mental health record and, if applicable, criminal history 2190 record, the circumstances surrounding the firearm disability, 2191 and any other evidence in the record, that the petitioner will 2192 not be likely to act in a manner that is dangerous to public 2193 safety and that granting the relief would not be contrary to the 2194 public interest. If the final order denies relief, the 2195 petitioner may not petition again for relief from firearm 2196 disabilities until 1 year after the date of the final order. The 2197 petitioner may seek judicial review of a final order denying 2198 relief in the district court of appeal having jurisdiction over 2199 the court that issued the order. The review shall be conducted 2200 de novo. Relief from a firearm disability granted under this 2201 sub-subparagraph has no effect on the loss of civil rights, 2202 including firearm rights, for any reason other than the 2203 particular adjudication of mental defectiveness or commitment to 2204 a mental institution from which relief is granted. 2205 e. Upon receipt of proper notice of relief from firearm 2206 disabilities granted under sub-subparagraph d., the department 2207 shall delete any mental health record of the person granted 2208 relief from the automated database of persons who are prohibited 2209 from purchasing a firearm based on court records of 2210 adjudications of mental defectiveness or commitments to mental 2211 institutions. 2212 f. The department is authorized to disclose data collected 2213 pursuant to this subparagraph to agencies of the Federal 2214 Government and other states for use exclusively in determining 2215 the lawfulness of a firearm sale or transfer. The department is 2216 also authorized to disclose this data to the Department of 2217 Agriculture and Consumer Services for purposes of determining 2218 eligibility for issuance of a concealed weapons or concealed 2219 firearms license and for determining whether a basis exists for 2220 revoking or suspending a previously issued license pursuant to 2221 s. 790.06(10). When a potential buyer or transferee appeals a 2222 nonapproval based on these records, the clerks of court and 2223 mental institutions shall, upon request by the department, 2224 provide information to help determine whether the potential 2225 buyer or transferee is the same person as the subject of the 2226 record. Photographs and any other data that could confirm or 2227 negate identity must be made available to the department for 2228 such purposes, notwithstanding any other provision of state law 2229 to the contrary. Any such information that is made confidential 2230 or exempt from disclosure by law shall retain such confidential 2231 or exempt status when transferred to the department. 2232 Section 49. This act shall take effect July 1, 2019.