Bill Text: FL S0870 | 2020 | Regular Session | Comm Sub
Bill Title: Mental Health and Substance Abuse
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Judiciary [S0870 Detail]
Download: Florida-2020-S0870-Comm_Sub.html
Florida Senate - 2020 CS for SB 870 By the Committee on Children, Families, and Elder Affairs; and Senator Book 586-02772-20 2020870c1 1 A bill to be entitled 2 An act relating to mental health and substance abuse; 3 amending s. 394.455, F.S.; conforming a cross 4 reference; revising the definition of the term “mental 5 illness”; defining the terms “neglect or refuse to 6 care for himself or herself” and “real and present 7 threat of substantial harm”; amending s. 394.459, 8 F.S.; requiring that respondents with a serious mental 9 illness be informed of the essential elements of 10 recovery and be provided assistance with accessing a 11 continuum of care regimen; authorizing the Department 12 of Children and Families to adopt certain rules; 13 amending s. 394.4598, F.S.; conforming a cross 14 reference; amending s. 394.4599, F.S.; conforming 15 provisions to changes made by the act; amending s. 16 394.461, F.S.; authorizing the state to establish that 17 a transfer evaluation was performed by providing the 18 court with a copy of the evaluation before the close 19 of the state’s case in chief; prohibiting the court 20 from considering substantive information in the 21 transfer evaluation unless the evaluator testifies at 22 the hearing; amending s. 394.4615, F.S.; conforming 23 provisions to changes made by the act; amending s. 24 394.462, F.S.; conforming cross-references; amending 25 s. 394.4625, F.S.; providing requirements relating to 26 the voluntariness of admissions to a facility for 27 examination and treatment; providing requirements for 28 verifying the assent of a minor admitted to a 29 facility; requiring the appointment of a public 30 defender to review the voluntariness of a minor’s 31 admission to a facility; requiring the filing of a 32 petition for involuntary placement or release of a 33 minor to his or her parent or legal guardian under 34 certain circumstances; conforming provisions to 35 changes made by the act; amending s. 394.463, F.S.; 36 revising the requirements for when a person may be 37 taken to a receiving facility for involuntary 38 examination; requiring a facility to inform the 39 department of certain persons who have been examined 40 or committed under certain circumstances; conforming 41 provisions to changes made by the act; providing 42 criminal and civil penalties; amending s. 394.4655, 43 F.S.; revising the requirements for involuntary 44 outpatient treatment; amending s. 394.467, F.S.; 45 revising the requirements for when a person may be 46 ordered for involuntary inpatient placement; revising 47 requirements for continuances of hearings; revising 48 the conditions under which a court may waive the 49 requirement for a patient to be present at an 50 involuntary inpatient placement hearing; authorizing 51 the court to permit all witnesses to remotely attend 52 and testify at the hearing through certain means; 53 authorizing the state attorney to access certain 54 persons and records for certain purposes; specifying 55 such records remain confidential; revising when the 56 court may appoint a magistrate; revising the amount of 57 time a court may require a patient to receive 58 services; providing an exception to the prohibition on 59 a court ordering certain individuals to be 60 involuntarily placed in a state treatment facility; 61 conforming a cross-reference; amending ss. 394.495 and 62 394.496, F.S.; conforming cross-references; amending 63 s. 394.499, F.S.; making technical and conforming 64 changes; amending s. 394.9085, F.S.; conforming cross 65 references; amending s. 397.305, F.S.; revising the 66 purposes of ch. 397, F.S.; amending s. 397.311, F.S.; 67 revising the definition of the terms “impaired” and 68 “substance abuse impaired”; defining the terms 69 “involuntary treatment services,” “neglect or refuse 70 to care for himself or herself,” and “real and present 71 threat of substantial harm”; amending s. 397.416, 72 F.S.; conforming a cross-reference; amending s. 73 397.501, F.S.; requiring that respondents with serious 74 substance abuse addictions be informed of the 75 essential elements of recovery and provided assistance 76 with accessing a continuum of care regimen; 77 authorizing the department to adopt certain rules; 78 amending s. 397.675, F.S.; revising the criteria for 79 involuntary admissions; amending s. 397.6751, F.S.; 80 revising the responsibilities of a service provider; 81 amending s. 397.681, F.S.; requiring that the state 82 attorney represent the state as the real party of 83 interest in an involuntary proceeding, subject to 84 legislative appropriation; authorizing the state 85 attorney to access certain persons and records; 86 conforming provisions to changes made by the act; 87 repealing s. 397.6811, F.S., relating to involuntary 88 assessment and stabilization; repealing s. 397.6814, 89 F.S., relating to petitions for involuntary assessment 90 and stabilization; repealing s. 397.6815, F.S., 91 relating to involuntary assessment and stabilization 92 procedures; repealing s. 397.6818, F.S., relating to 93 court determinations for petitions for involuntary 94 assessment and stabilization; repealing s. 397.6819, 95 F.S., relating to the responsibilities of licensed 96 service providers with regard to involuntary 97 assessment and stabilization; repealing s. 397.6821, 98 F.S., relating to extensions of time for completion of 99 involuntary assessment and stabilization; repealing s. 100 397.6822, F.S., relating to the disposition of 101 individuals after involuntary assessments; amending s. 102 397.693, F.S.; revising the circumstances under which 103 a person is eligible for court-ordered involuntary 104 treatment; amending s. 397.695, F.S.; authorizing the 105 court or clerk of the court to waive or prohibit any 106 service of process fees for an indigent petitioner; 107 amending s. 397.6951, F.S.; revising the requirements 108 for the contents of a petition for involuntary 109 treatment services; providing that a petitioner may 110 include a certificate or report of a qualified 111 professional with the petition; requiring the 112 certificate or report to contain certain information; 113 requiring that certain additional information must be 114 included if an emergency exists; amending s. 397.6955, 115 F.S.; requiring the clerk of the court to notify the 116 state attorney’s office upon the receipt of a petition 117 filed for involuntary treatment services; revising 118 when a hearing must be held on the petition; providing 119 requirements for when a petitioner asserts that 120 emergency circumstances exist or the court determines 121 that an emergency exists; amending s. 397.6957, F.S.; 122 expanding the exemption from the requirement that a 123 respondent be present at a hearing on a petition for 124 involuntary treatment services; authorizing the court 125 to order drug tests and permit all witnesses to 126 remotely attend and testify at the hearing through 127 certain means; deleting a provision requiring the 128 court to appoint a guardian advocate under certain 129 circumstances; prohibiting a respondent from being 130 involuntarily ordered into treatment unless certain 131 requirements are met; providing requirements relating 132 to involuntary assessment and stabilization orders; 133 providing requirements relating to involuntary 134 treatment hearings; requiring that the assessment of a 135 respondent occur before a specified time unless 136 certain requirements are met; requiring the service 137 provider to discharge the respondent after a specified 138 time unless certain requirements are met; requiring a 139 qualified professional to provide copies of his or her 140 report to the court and all relevant parties and 141 counsel; providing requirements for the report; 142 authorizing certain entities to take specified actions 143 based upon the involuntary assessment; authorizing a 144 court to order certain persons to take a respondent 145 into custody and transport him or her to or from 146 certain service providers and the court; revising the 147 petitioner’s burden of proof in the hearing; 148 authorizing the court to initiate involuntary 149 proceedings under certain circumstances; requiring 150 that, if a treatment order is issued, it must include 151 certain findings; amending s. 397.697, F.S.; requiring 152 that an individual meet certain requirements to 153 qualify for involuntary outpatient treatment; 154 specifying that certain hearings may be set by the 155 motion of a party or under the court’s own authority; 156 specifying that a service provider’s authority is 157 separate and distinct from the court’s jurisdiction; 158 amending s. 397.6971, F.S.; conforming provisions to 159 changes made by the act; amending s. 397.6975, F.S.; 160 authorizing certain entities to file a petition for 161 renewal of involuntary treatment; revising the 162 timeframe during which the court is required to 163 schedule a hearing; conforming provisions to changes 164 made by the act; amending s. 397.6977, F.S.; 165 conforming provisions to changes made by the act; 166 repealing s. 397.6978, F.S., relating to the 167 appointment of guardian advocates; amending ss. 168 409.972, 464.012, 744.2007, and 790.065, F.S.; 169 conforming cross-references; providing an effective 170 date. 171 172 Be It Enacted by the Legislature of the State of Florida: 173 174 Section 1. Present subsections (31) through (38) and (39) 175 through (48) of section 394.455, Florida Statutes, are 176 redesignated as subsections (32) through (39) and (41) through 177 (50), respectively, subsections (22) and (28) of that section 178 are amended, and new subsections (31) and (40) are added to that 179 section, to read: 180 394.455 Definitions.—As used in this part, the term: 181 (22) “Involuntary examination” means an examination 182 performed under s. 394.463, s. 397.6772, s. 397.679, s. 183 397.6798, or s. 397.6957s. 397.6811to determine whether a 184 person qualifies for involuntary services. 185 (28) “Mental illness” means an impairment of the mental or 186 emotional processes that exercise conscious control of one’s 187 actions or of the ability to perceive or understand reality, 188 which impairment substantially interferes with the person’s 189 ability to meet the ordinary demands of living. For the purposes 190 of this part, the term does not include a developmental 191 disability as defined in chapter 393, dementia, traumatic brain 192 injury, intoxication, or conditions manifested only by 193 antisocial behavior or substance abuse. 194 (31) “Neglect or refuse to care for himself or herself” 195 includes, but is not limited to, evidence that a person: 196 (a) Is unable to satisfy basic needs for nourishment, 197 clothing, medical care, shelter, or safety in a manner that 198 creates a substantial probability of imminent death, serious 199 physical debilitation, or disease; or 200 (b) Is substantially unable to make an informed treatment 201 choice and needs care or treatment to prevent deterioration. 202 (40) “Real and present threat of substantial harm” 203 includes, but is not limited to, evidence of a substantial 204 probability that the untreated person will: 205 (a) Lack, refuse, or not receive services for health and 206 safety that are actually available in the community; or 207 (b) Suffer severe mental, emotional, or physical harm that 208 will result in the loss of his or her ability to function in the 209 community or the loss of cognitive or volitional control over 210 thoughts or actions. 211 Section 2. Subsection (13) is added to section 394.459, 212 Florida Statutes, to read: 213 394.459 Rights of patients.— 214 (13) POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a 215 respondent with a serious mental illness must be informed of the 216 essential elements of recovery and provided assistance with 217 accessing a continuum of care regimen. The department may adopt 218 rules specifying the services that may be provided to such 219 respondents. 220 Section 3. Subsection (1) of section 394.4598, Florida 221 Statutes, is amended to read: 222 394.4598 Guardian advocate.— 223 (1) The administrator may petition the court for the 224 appointment of a guardian advocate based upon the opinion of a 225 psychiatrist that the patient is incompetent to consent to 226 treatment. If the court finds that a patient is incompetent to 227 consent to treatment and has not been adjudicated incapacitated 228 and a guardian with the authority to consent to mental health 229 treatment appointed, it shall appoint a guardian advocate. The 230 patient has the right to have an attorney represent him or her 231 at the hearing. If the person is indigent, the court shall 232 appoint the office of the public defender to represent him or 233 her at the hearing. The patient has the right to testify, cross 234 examine witnesses, and present witnesses. The proceeding shall 235 be recorded either electronically or stenographically, and 236 testimony shall be provided under oath. One of the professionals 237 authorized to give an opinion in support of a petition for 238 involuntary placement, as described ins. 394.4655 ors. 239 394.467, must testify. A guardian advocate must meet the 240 qualifications of a guardian contained in part IV of chapter 241 744, except that a professional referred to in this part, an 242 employee of the facility providing direct services to the 243 patient under this part, a departmental employee, a facility 244 administrator, or member of the Florida local advocacy council 245 mayshallnot be appointed. A person who is appointed as a 246 guardian advocate must agree to the appointment. 247 Section 4. Paragraph (d) of subsection (2) of section 248 394.4599, Florida Statutes, is amended to read: 249 394.4599 Notice.— 250 (2) INVOLUNTARY ADMISSION.— 251 (d) The written notice of the filing of the petition for 252 involuntary services for an individual being held must contain 253 the following: 254 1. Notice that the petition for: 255 a. Involuntary inpatient treatment pursuant to s. 394.467 256 has been filed with the circuit court in the county in which the 257 individual is hospitalized and the address of such court; or 258 b. Involuntary outpatient services pursuant to s. 394.4655 259 has been filed with the criminal county court, as defined in s.260394.4655(1),or the circuit court, as applicable, in the county 261 in which the individual is hospitalized and the address of such 262 court. 263 2. Notice that the office of the public defender has been 264 appointed to represent the individual in the proceeding, if the 265 individual is not otherwise represented by counsel. 266 3. The date, time, and place of the hearing and the name of 267 each examining expert and every other person expected to testify 268 in support of continued detention. 269 4. Notice that the individual, the individual’s guardian, 270 guardian advocate, health care surrogate or proxy, or 271 representative, or the administrator may apply for a change of 272 venue for the convenience of the parties or witnesses or because 273 of the condition of the individual. 274 5. Notice that the individual is entitled to an independent 275 expert examination and, if the individual cannot afford such an 276 examination, that the court will provide for one. 277 Section 5. Subsection (2) of section 394.461, Florida 278 Statutes, is amended to read: 279 394.461 Designation of receiving and treatment facilities 280 and receiving systems.—The department is authorized to designate 281 and monitor receiving facilities, treatment facilities, and 282 receiving systems and may suspend or withdraw such designation 283 for failure to comply with this part and rules adopted under 284 this part. Unless designated by the department, facilities are 285 not permitted to hold or treat involuntary patients under this 286 part. 287 (2) TREATMENT FACILITY.—The department may designate any 288 state-owned, state-operated, or state-supported facility as a 289 state treatment facility. A civil patient mustshallnot be 290 admitted to a state treatment facility without previously 291 undergoing a transfer evaluation. Before the close of the 292 state’s case in chief in acourthearing for involuntary 293 placementin a state treatment facility, the state may establish 294 that the transfer evaluation was performed and the document 295 properly executed by providing the court with a copy of the 296 transfer evaluation. The court may notshall receive and297 consider the substantive informationdocumentedin the transfer 298 evaluation unless the evaluator testifies at the hearing. Any 299 other facility, including a private facility or a federal 300 facility, may be designated as a treatment facility by the 301 department, provided that such designation is agreed to by the 302 appropriate governing body or authority of the facility. 303 Section 6. Subsection (3) of section 394.4615, Florida 304 Statutes, is amended to read: 305 394.4615 Clinical records; confidentiality.— 306 (3) Information from the clinical record may be released in 307 the following circumstances: 308 (a) When a patient has communicated to a service provider a 309 specific threat to cause serious bodily injury or death to an 310 identified or a readily available person, if the service 311 provider reasonably believes, or should reasonably believe 312 according to the standards of his or her profession, that the 313 patient has the apparent intent and ability to imminently or 314 immediately carry out such threat. When such communication has 315 been made, the administrator may authorize the release of 316 sufficient information to provide adequate warning to the person 317 threatened with harm by the patient. 318 (b) When the administrator of the facility or secretary of 319 the department deems release to a qualified researcher as 320 defined in administrative rule, an aftercare treatment provider, 321 or an employee or agent of the department is necessary for 322 treatment of the patient, maintenance of adequate records, 323 compilation of treatment data, aftercare planning, or evaluation 324 of programs. 325 326 For the purpose of determining whether a person meets the 327 criteria for involuntary outpatient placementor for preparing328the proposed treatment planpursuant to s. 394.4655, the 329 clinical record may be released to the state attorney, the 330 public defender or the patient’s private legal counsel, the 331 court, and to the appropriate mental health professionals,332including the service provider identified in s.333394.4655(7)(b)2.,in accordance with state and federal law. 334 Section 7. Section 394.462, Florida Statutes, is amended to 335 read: 336 394.462 Transportation.—A transportation plan shall be 337 developed and implemented by each county in collaboration with 338 the managing entity in accordance with this section. A county 339 may enter into a memorandum of understanding with the governing 340 boards of nearby counties to establish a shared transportation 341 plan. When multiple counties enter into a memorandum of 342 understanding for this purpose, the counties shall notify the 343 managing entity and provide it with a copy of the agreement. The 344 transportation plan shall describe methods of transport to a 345 facility within the designated receiving system for individuals 346 subject to involuntary examination under s. 394.463 or 347 involuntary admission under s. 397.6772, s. 397.679, s. 348 397.6798, or s. 397.6957s. 397.6811,and may identify 349 responsibility for other transportation to a participating 350 facility when necessary and agreed to by the facility. The plan 351 may rely on emergency medical transport services or private 352 transport companies, as appropriate. The plan shall comply with 353 the transportation provisions of this section and ss. 397.6772, 354 397.6795,397.6822,and 397.697. 355 (1) TRANSPORTATION TO A RECEIVING FACILITY.— 356 (a) Each county shall designate a single law enforcement 357 agency within the county, or portions thereof, to take a person 358 into custody upon the entry of an ex parte order or the 359 execution of a certificate for involuntary examination by an 360 authorized professional and to transport that person to the 361 appropriate facility within the designated receiving system 362 pursuant to a transportation plan. 363 (b)1. The designated law enforcement agency may decline to 364 transport the person to a receiving facility only if: 365 a. The jurisdiction designated by the county has contracted 366 on an annual basis with an emergency medical transport service 367 or private transport company for transportation of persons to 368 receiving facilities pursuant to this section at the sole cost 369 of the county; and 370 b. The law enforcement agency and the emergency medical 371 transport service or private transport company agree that the 372 continued presence of law enforcement personnel is not necessary 373 for the safety of the person or others. 374 2. The entity providing transportation may seek 375 reimbursement for transportation expenses. The party responsible 376 for payment for such transportation is the person receiving the 377 transportation. The county shall seek reimbursement from the 378 following sources in the following order: 379 a. From a private or public third-party payor, if the 380 person receiving the transportation has applicable coverage. 381 b. From the person receiving the transportation. 382 c. From a financial settlement for medical care, treatment, 383 hospitalization, or transportation payable or accruing to the 384 injured party. 385 (c) A company that transports a patient pursuant to this 386 subsection is considered an independent contractor and is solely 387 liable for the safe and dignified transport of the patient. Such 388 company must be insured and provide no less than $100,000 in 389 liability insurance with respect to the transport of patients. 390 (d) Any company that contracts with a governing board of a 391 county to transport patients shall comply with the applicable 392 rules of the department to ensure the safety and dignity of 393 patients. 394 (e) When a law enforcement officer takes custody of a 395 person pursuant to this part, the officer may request assistance 396 from emergency medical personnel if such assistance is needed 397 for the safety of the officer or the person in custody. 398 (f) When a member of a mental health overlay program or a 399 mobile crisis response service is a professional authorized to 400 initiate an involuntary examination pursuant to s. 394.463 or s. 401 397.675 and that professional evaluates a person and determines 402 that transportation to a receiving facility is needed, the 403 service, at its discretion, may transport the person to the 404 facility or may call on the law enforcement agency or other 405 transportation arrangement best suited to the needs of the 406 patient. 407 (g) When any law enforcement officer has custody of a 408 person based on either noncriminal or minor criminal behavior 409 that meets the statutory guidelines for involuntary examination 410 pursuant to s. 394.463, the law enforcement officer shall 411 transport the person to the appropriate facility within the 412 designated receiving system pursuant to a transportation plan. 413 Persons who meet the statutory guidelines for involuntary 414 admission pursuant to s. 397.675 may also be transported by law 415 enforcement officers to the extent resources are available and 416 as otherwise provided by law. Such persons shall be transported 417 to an appropriate facility within the designated receiving 418 system pursuant to a transportation plan. 419 (h) When any law enforcement officer has arrested a person 420 for a felony and it appears that the person meets the statutory 421 guidelines for involuntary examination or placement under this 422 part, such person must first be processed in the same manner as 423 any other criminal suspect. The law enforcement agency shall 424 thereafter immediately notify the appropriate facility within 425 the designated receiving system pursuant to a transportation 426 plan. The receiving facility shall be responsible for promptly 427 arranging for the examination and treatment of the person. A 428 receiving facility is not required to admit a person charged 429 with a crime for whom the facility determines and documents that 430 it is unable to provide adequate security, but shall provide 431 examination and treatment to the person where he or she is held. 432 (i) If the appropriate law enforcement officer believes 433 that a person has an emergency medical condition as defined in 434 s. 395.002, the person may be first transported to a hospital 435 for emergency medical treatment, regardless of whether the 436 hospital is a designated receiving facility. 437 (j) The costs of transportation, evaluation, 438 hospitalization, and treatment incurred under this subsection by 439 persons who have been arrested for violations of any state law 440 or county or municipal ordinance may be recovered as provided in 441 s. 901.35. 442 (k) The appropriate facility within the designated 443 receiving system pursuant to a transportation plan must accept 444 persons brought by law enforcement officers, or an emergency 445 medical transport service or a private transport company 446 authorized by the county, for involuntary examination pursuant 447 to s. 394.463. 448 (l) The appropriate facility within the designated 449 receiving system pursuant to a transportation plan must provide 450 persons brought by law enforcement officers, or an emergency 451 medical transport service or a private transport company 452 authorized by the county, pursuant to s. 397.675, a basic 453 screening or triage sufficient to refer the person to the 454 appropriate services. 455 (m) Each law enforcement agency designated pursuant to 456 paragraph (a) shall establish a policy that reflects a single 457 set of protocols for the safe and secure transportation and 458 transfer of custody of the person. Each law enforcement agency 459 shall provide a copy of the protocols to the managing entity. 460 (n) When a jurisdiction has entered into a contract with an 461 emergency medical transport service or a private transport 462 company for transportation of persons to facilities within the 463 designated receiving system, such service or company shall be 464 given preference for transportation of persons from nursing 465 homes, assisted living facilities, adult day care centers, or 466 adult family-care homes, unless the behavior of the person being 467 transported is such that transportation by a law enforcement 468 officer is necessary. 469 (o) This section may not be construed to limit emergency 470 examination and treatment of incapacitated persons provided in 471 accordance with s. 401.445. 472 (2) TRANSPORTATION TO A TREATMENT FACILITY.— 473 (a) If neither the patient nor any person legally obligated 474 or responsible for the patient is able to pay for the expense of 475 transporting a voluntary or involuntary patient to a treatment 476 facility, the transportation plan established by the governing 477 board of the county or counties must specify how the 478 hospitalized patient will be transported to, from, and between 479 facilities in a safe and dignified manner. 480 (b) A company that transports a patient pursuant to this 481 subsection is considered an independent contractor and is solely 482 liable for the safe and dignified transportation of the patient. 483 Such company must be insured and provide no less than $100,000 484 in liability insurance with respect to the transport of 485 patients. 486 (c) A company that contracts with one or more counties to 487 transport patients in accordance with this section shall comply 488 with the applicable rules of the department to ensure the safety 489 and dignity of patients. 490 (d) County or municipal law enforcement and correctional 491 personnel and equipment may not be used to transport patients 492 adjudicated incapacitated or found by the court to meet the 493 criteria for involuntary placement pursuant to s. 394.467, 494 except in small rural counties where there are no cost-efficient 495 alternatives. 496 (3) TRANSFER OF CUSTODY.—Custody of a person who is 497 transported pursuant to this part, along with related 498 documentation, shall be relinquished to a responsible individual 499 at the appropriate receiving or treatment facility. 500 Section 8. Subsection (1) of section 394.4625, Florida 501 Statutes, is amended to read: 502 394.4625 Voluntary admissions.— 503 (1) EXAMINATION AND TREATMENTAUTHORITY TO RECEIVE504PATIENTS.— 505 (a) In order to be admitted to a facility on a voluntary 506 basis, a person must show evidence of a mental illness and be 507 suitable for treatment by the facility. 508 1. If the person is an adult, he or she must be competent 509 to provide his or her express and informed consent in writing to 510 the facility. 511 2. A minor may only be admitted to a facility on the basis 512 of the express and informed consent of the minor’s parent or 513 legal guardian in conjunction with the minor’s assent. 514 a. The minor’s assent is an affirmative agreement by the 515 minor to remain at the facility for examination and treatment. 516 The minor’s failure to object is not assent for purposes of this 517 subparagraph. 518 b. The minor’s assent must be verified through a clinical 519 assessment that is documented in the minor’s clinical record and 520 conducted within 12 hours after arrival at the facility by a 521 licensed professional authorized to initiate an involuntary 522 examination under s. 394.463. 523 c. In verifying the minor’s assent, the examining 524 professional must first provide the minor with an explanation as 525 to why the minor will be examined and treated, what the minor 526 can expect while in the facility, and when the minor may expect 527 to be released, using language that is appropriate to the 528 minor’s age, experience, maturity, and condition. The examining 529 professional must determine and document that the minor is able 530 to understand this information. 531 d. The facility must advise the minor of his or her right 532 to request and have access to legal counsel. 533 e. The facility administrator must file with the court a 534 notice of a minor’s voluntary placement within 1 court working 535 day after the minor’s admission to the facility. 536 f. The court shall appoint a public defender who may review 537 the voluntariness of the minor’s admission to the facility and 538 further verify his or her assent. The public defender may 539 interview and represent the minor and shall have access to all 540 relevant witnesses and records. If the public defender does not 541 review the voluntariness of the admission, the clinical 542 assessment of the minor’s assent shall serve as verification of 543 assent. 544 g. Unless the minor’s assent is verified pursuant to this 545 subparagraph, a petition for involuntary placement must be filed 546 with the court or the minor must be released to his or her 547 parent or legal guardian within 24 hours after arriving at the 548 facilityA facility may receive for observation, diagnosis, or549treatment any person 18 years of age or older making application550by express and informed consent for admission or any person age55117 or under for whom such application is made by his or her552guardian. If found to show evidence of mental illness, to be553competent to provide express and informed consent, and to be554suitable for treatment, such person 18 years of age or older may555be admitted to the facility. A person age 17 or under may be556admitted only after a hearing to verify the voluntariness of the557consent. 558 (b) A mental health overlay program or a mobile crisis 559 response service or a licensed professional who is authorized to 560 initiate an involuntary examination pursuant to s. 394.463 and 561 is employed by a community mental health center or clinic must, 562 pursuant to district procedure approved by the respective 563 district administrator, conduct an initial assessment of the 564 ability of the following persons to give express and informed 565 consent to treatment before such persons may be admitted 566 voluntarily: 567 1. A person 60 years of age or older for whom transfer is 568 being sought from a nursing home, assisted living facility, 569 adult day care center, or adult family-care home, when such 570 person has been diagnosed as suffering from dementia. 571 2. A person 60 years of age or older for whom transfer is 572 being sought from a nursing home pursuant to s. 400.0255(12). 573 3. A person for whom all decisions concerning medical 574 treatment are currently being lawfully made by the health care 575 surrogate or proxy designated under chapter 765. 576 (c) When an initial assessment of the ability of a person 577 to give express and informed consent to treatment is required 578 under this section, and a mobile crisis response service does 579 not respond to the request for an assessment within 2 hours 580 after the request is made or informs the requesting facility 581 that it will not be able to respond within 2 hours after the 582 request is made, the requesting facility may arrange for 583 assessment by any licensed professional authorized to initiate 584 an involuntary examination pursuant to s. 394.463 who is not 585 employed by or under contract with, and does not have a 586 financial interest in, either the facility initiating the 587 transfer or the receiving facility to which the transfer may be 588 made. 589 (d) A facility may not admit as a voluntary patient a 590 person who has been adjudicated incapacitated, unless the 591 condition of incapacity has been judicially removed. If a 592 facility admits as a voluntary patient a person who is later 593 determined to have been adjudicated incapacitated, and the 594 condition of incapacity had not been removed by the time of the 595 admission, the facility must either discharge the patient or 596 transfer the patient to involuntary status. 597 (e) The health care surrogate or proxy of a voluntary 598 patient may not consent to the provision of mental health 599 treatment for the patient. A voluntary patient who is unwilling 600 or unable to provide express and informed consent to mental 601 health treatment must either be discharged or transferred to 602 involuntary status. 603 (f) Within 24 hours after admission of a voluntary patient, 604 the admitting physician shall document in the patient’s clinical 605 record that the patient is able to give express and informed 606 consent for admission. If the patient is not able to give 607 express and informed consent for admission, the facility shall 608 either discharge the patient or transfer the patient to 609 involuntary status pursuant to subsection (5). 610 Section 9. Subsection (1) and paragraphs (a), (g), and (h) 611 of subsection (2) of section 394.463, Florida Statutes, are 612 amended, and subsection (5) is added to that section, to read: 613 394.463 Involuntary examination.— 614 (1) CRITERIA.—A person may be taken to a receiving facility 615 for involuntary examination if there is reason to believe that 616 the person has a mental illness and because of his or her mental 617 illness: 618 (a)1. The person has refused voluntary examination after 619 conscientious explanation and disclosure of the purpose of the 620 examination; or 621 2. The person is unable to determine for himself or herself 622 whether examination is necessary; and 623 (b)1. Without care or treatment, the person is likely to 624 suffer from neglect or refuse to care for himself or herself; 625 such neglect or refusal poses a real and present threat of 626 substantial harm to his or her well-being; and it is not 627 apparent that such harm may be avoided through the help of 628 willing, able, and responsible family members or friends or the 629 provision of other services; or 630 2. There is a substantial likelihood that in the near 631 future and without care or treatment, the person will inflict 632 seriouscause serious bodilyharm to selfhimself or herselfor 633 othersin the near future, as evidenced by acts, omissions, or 634recentbehavior causing, attempting, or threatening such harm, 635 which includes, but is not limited to, significant property 636 damage. 637 (2) INVOLUNTARY EXAMINATION.— 638 (a) An involuntary examination may be initiated by any one 639 of the following means: 640 1. A circuit or county court may enter an ex parte order 641 stating that a person appears to meet the criteria for 642 involuntary examination and specifying the findings on which 643 that conclusion is based. The ex parte order for involuntary 644 examination must be based on written or oral sworn testimony 645 that includes specific facts that support the findings. If other 646 less restrictive means are not available, such as voluntary 647 appearance for outpatient evaluation, a law enforcement officer, 648 or other designated agent of the court, shall take the person 649 into custody and deliver him or her to an appropriate, or the 650 nearest, facility within the designated receiving system 651 pursuant to s. 394.462 for involuntary examination. The order of 652 the court shall be made a part of the patient’s clinical record. 653 A fee may not be charged for the filing of an order under this 654 subsection. A facility accepting the patient based on this order 655 must send a copy of the order to the department within 5 working 656 days. The order may be submitted electronically through existing 657 data systems, if available. The order shall be valid only until 658 the person is delivered to the facility or for the period 659 specified in the order itself, whichever comes first. If no time 660 limit is specified in the order, the order shall be valid for 7 661 days after the date that the order was signed. 662 2. A law enforcement officer mayshalltake a person who 663 appears to meet the criteria for involuntary examination into 664 custody and deliver the person or have him or her delivered to 665 an appropriate, or the nearest, facility within the designated 666 receiving system pursuant to s. 394.462 for examination. The 667 officer shall execute a written report detailing the 668 circumstances under which the person was taken into custody, 669 which must be made a part of the patient’s clinical record. Any 670 facility accepting the patient based on this report must send a 671 copy of the report to the department within 5 working days. 672 3. A physician, clinical psychologist, psychiatric nurse, 673 mental health counselor, marriage and family therapist, or 674 clinical social worker may execute a certificate stating that he 675 or she has examined a person within the preceding 48 hours and 676 finds that the person appears to meet the criteria for 677 involuntary examination and stating the observations upon which 678 that conclusion is based. If other less restrictive means, such 679 as voluntary appearance for outpatient evaluation, are not 680 available, a law enforcement officer shall take into custody the 681 person named in the certificate and deliver him or her to the 682 appropriate, or nearest, facility within the designated 683 receiving system pursuant to s. 394.462 for involuntary 684 examination. The law enforcement officer shall execute a written 685 report detailing the circumstances under which the person was 686 taken into custody. The report and certificate shall be made a 687 part of the patient’s clinical record. Any facility accepting 688 the patient based on this certificate must send a copy of the 689 certificate to the department within 5 working days. The 690 document may be submitted electronically through existing data 691 systems, if applicable. 692 693 When sending the order, report, or certificate to the 694 department, a facility shall, at a minimum, provide information 695 about which action was taken regarding the patient under 696 paragraph (g), which information shall also be made a part of 697 the patient’s clinical record. 698 (g) The examination period must be for up to 72 hours. For 699 a minor, the examination shall be initiated within 12 hours 700 after the patient’s arrival at the facility. The facility must 701 inform the department of any person who has been examined or 702 committed three or more times under this chapter within a 12 703 month period. Within the examination period or, if the 704 examination period ends on a weekend or holiday, no later than 705 the next working day thereafter, one of the following actions 706 must be taken, based on the individual needs of the patient: 707 1. The patient shall be released, unless he or she is 708 charged with a crime, in which case the patient shall be 709 returned to the custody of a law enforcement officer; 710 2. The patient shall be released, subject to subparagraph 711 1., for voluntary outpatient treatment; 712 3. The patient, unless he or she is charged with a crime, 713 shall be asked to give express and informed consent to placement 714 as a voluntary patient and, if such consent is given, the 715 patient shall be admitted as a voluntary patient; or 716 4. A petition for involuntary services shall be filed in 717 the circuit courtif inpatient treatment is deemed necessaryor 718 with athecriminal county court, as described in s. 394.4655 719defined in s. 394.4655(1), as applicable. When inpatient 720 treatment is deemed necessary, the least restrictive treatment 721 consistent with the optimum improvement of the patient’s 722 condition shall be made available. The petitionWhen a petition723is to be filed for involuntary outpatient placement, it shall be724filed by one of the petitioners specified in s. 394.4655(4)(a).725A petition for involuntary inpatient placementshall be filed by 726 the facility administrator. 727 (h) A person for whom an involuntary examination has been 728 initiated who is being evaluated or treated at a hospital for an 729 emergency medical condition specified in s. 395.002 must be 730 examined by a facility within the examination period specified 731 in paragraph (g). The examination period begins when the patient 732 arrives at the hospital and ceases when the attending physician 733 documents that the patient has an emergency medical condition. 734 If the patient is examined at a hospital providing emergency 735 medical services by a professional qualified to perform an 736 involuntary examination and is found as a result of that 737 examination not to meet the criteria for involuntary outpatient 738 services pursuant to s. 394.4655s. 394.4655(2)or involuntary 739 inpatient placement pursuant to s. 394.467(1), the patient may 740 be offered voluntary services or placement, if appropriate, or 741 released directly from the hospital providing emergency medical 742 services. The finding by the professional that the patient has 743 been examined and does not meet the criteria for involuntary 744 inpatient services or involuntary outpatient placement must be 745 entered into the patient’s clinical record. This paragraph is 746 not intended to prevent a hospital providing emergency medical 747 services from appropriately transferring a patient to another 748 hospital before stabilization if the requirements of s. 749 395.1041(3)(c) have been met. 750 (5) UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND 751 TREATMENT; PENALTIES.— 752 (a) Knowingly furnishing false information for the purpose 753 of obtaining emergency or other involuntary admission for any 754 person is a misdemeanor of the first degree, punishable as 755 provided in s. 775.082 and by a fine not exceeding $5,000. 756 (b) Causing or otherwise securing, conspiring with or 757 assisting another to cause or secure, without reason for 758 believing a person to be impaired, any emergency or other 759 involuntary procedure for the person is a misdemeanor of the 760 first degree, punishable as provided in s. 775.082 and by a fine 761 not exceeding $5,000. 762 (c) Causing, or conspiring with or assisting another to 763 cause, the denial to any person of any right accorded pursuant 764 to this chapter is a misdemeanor of the first degree, punishable 765 as provided in s. 775.082 by a fine not exceeding $5,000. 766 Section 10. Section 394.4655, Florida Statutes, is amended 767 to read: 768 (Substantial rewording of section. See 769 s. 394.4655, F.S., for present text.) 770 394.4655 Involuntary outpatient services.— 771 (1)(a) The court may order a respondent into outpatient 772 treatment for up to 6 months if, during a hearing under s. 773 394.467, it is established that the respondent meets involuntary 774 placement criteria and: 775 1. Has been jailed or incarcerated, has been involuntarily 776 admitted to a receiving or treatment facility as defined in s. 777 394.455, or has received mental health services in a forensic or 778 correctional facility at least twice during the last 36 months; 779 2. The outpatient treatment is provided in the county in 780 which the respondent resides or, if being placed from a state 781 treatment facility, will reside; and 782 3. The respondent’s treating physician certifies, within a 783 reasonable degree of medical probability, that the respondent: 784 a. Can be appropriately treated on an outpatient basis; and 785 b. Can follow a prescribed treatment plan. 786 (b) For the duration of his or her treatment, the 787 respondent must be supported by a social worker or case manager 788 of the outpatient provider, or a willing, able, and responsible 789 individual appointed by the court who must inform the court, 790 state attorney, and public defender of any failure by the 791 respondent to comply with his or her outpatient program. 792 (2) The court shall retain jurisdiction over the case and 793 parties for the entry of such further orders after a hearing, as 794 the circumstances may require. Such jurisdiction includes, but 795 is not limited to, ordering inpatient treatment to stabilize a 796 respondent who decompensates during his or her up to 6-month 797 period of court-ordered treatment and meets the commitment 798 criteria of s. 394.467. 799 (3) A criminal county court exercising its original 800 jurisdiction in a misdemeanor case under s. 34.01 may order a 801 person who meets the commitment criteria into involuntary 802 outpatient services. 803 Section 11. Subsections (1) and (5) and paragraphs (a), 804 (b), and (c) of subsection (6) of section 394.467, Florida 805 Statutes, are amended to read: 806 394.467 Involuntary inpatient placement.— 807 (1) CRITERIA.—A person may be ordered for involuntary 808 inpatient placement for treatment upon a finding of the court by 809 clear and convincing evidence that: 810 (a) He or she has a mental illness and because of his or 811 her mental illness: 812 1.a. He or she has refused voluntary inpatient placement 813 for treatment after sufficient and conscientious explanation and 814 disclosure of the purpose of inpatient placement for treatment; 815 or 816 b. He or she is unable to determine for himself or herself 817 whether inpatient placement is necessary; and 818 2.a. He or she is incapable of surviving alone or with the 819 help of willing, able, and responsible family or friends, 820 including available alternative services, and, without 821 treatment, is likely to suffer from neglect or refuse to care 822 for himself or herself, and such neglect or refusal poses a real 823 and present threat of substantial harm to his or her well-being; 824 or 825 b. There is substantial likelihood that in the near future 826 and without services he or she will inflict seriousbodilyharm 827 toonself or others, as evidenced by acts, omissions, orrecent828 behavior causing, attempting, or threatening such harm, which 829 includes, but is not limited to, significant property damage; 830 and 831 (b) All available less restrictive treatment alternatives 832 that would offer an opportunity for improvement of his or her 833 condition have been judged to be inappropriate. 834 (5) CONTINUANCE OF HEARING.—The patient and the state are 835 independently entitledis entitled, with the concurrence of the836patient’s counsel,to at least one continuance of the hearing. 837 The patient’s continuance may be for a period offorup to 4 838 weeks and requires the concurrence of his or her counsel. The 839 state’s continuance may be for a period of up to 5 court working 840 days and requires a showing of good cause and due diligence by 841 the state before requesting the continuance. The state’s failure 842 to timely review any readily available document or failure to 843 attempt to contact a known witness does not warrant a 844 continuance. 845 (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.— 846 (a)1. The court shall hold the hearing on involuntary 847 inpatient placement within 5 court working days, unless a 848 continuance is granted. 849 2. Except for good cause documented in the court file, the 850 hearing must be held in the county or the facility, as 851 appropriate, where the patient is located, must be as convenient 852 to the patient as is consistent with orderly procedure, and 853 shall be conducted in physical settings not likely to be 854 injurious to the patient’s condition. If the court finds that 855 the patient’s attendance at the hearing is not consistent with 856 the best interests of, or is likely to be injurious to, the 857 patient, or the patient knowingly, intelligently, and 858 voluntarily waives his or her right to be present, and the 859 patient’s counsel does not object, the court may waive the 860 presence of the patient from all or any portion of the hearing. 861 Absent a showing of good cause, such as specific symptoms of the 862 respondent’s condition, the court may permit all witnesses, 863 including, but not limited to, any medical professionals or 864 personnel who are or have been involved with the patient’s 865 treatment, to remotely attend and testify at the hearing under 866 oath via the most appropriate and convenient technological 867 method of communication available to the court, including, but 868 not limited to, teleconference. Any witness intending to 869 remotely attend and testify at the hearing must provide the 870 parties with all relevant documents in advance of the hearing. 871 The state attorney for the circuit in which the patient is 872 located shall represent the state, rather than the petitioning 873 facility administrator, as the real party in interest in the 874 proceeding. In order to evaluate and prepare its case before the 875 hearing, the state attorney may access, by subpoena if 876 necessary, the patient, witnesses, and all relevant records. 877 Such records include, but are not limited to, any social media, 878 school records, clinical files, and reports documenting contact 879 the patient may have had with law enforcement officers or other 880 state agencies. However, these records shall remain 881 confidential, and the state attorney may not use any records 882 obtained under this part for criminal investigation or 883 prosecution purposes, or for any purpose other than the 884 patient’s civil commitment under this chapter. 885 3. The court may appoint a magistrate to preside at the 886 hearing on the petition and any ancillary proceedings thereto, 887 which include, but are not limited to, writs of habeas corpus 888 issued pursuant to s. 394.459(8). One of the professionals who 889 executed the petition for involuntary inpatient placement 890 certificate shall be a witness. The patient and the patient’s 891 guardian or representative shall be informed by the court of the 892 right to an independent expert examination. If the patient 893 cannot afford such an examination, the court shall ensure that 894 one is provided, as otherwise provided for by law. The 895 independent expert’s report is confidential and not 896 discoverable, unless the expert is to be called as a witness for 897 the patient at the hearing. The testimony in the hearing must be 898 given under oath, and the proceedings must be recorded. The 899 patient may refuse to testify at the hearing. 900 (b) If the court concludes that the patient meets the 901 criteria for involuntary inpatient placement, it may order that 902 the patient be transferred to a treatment facility or, if the 903 patient is at a treatment facility, that the patient be retained 904 there or be treated at any other appropriate facility, or that 905 the patient receive services, on an involuntary basis, for up to 90690 days. However, any order for involuntary mental health907services in a treatment facility may be for up to6 months. The 908 order shall specify the nature and extent of the patient’s 909 mental illness and, unless the patient has transferred to a 910 voluntary status, the facility must discharge the patient at any 911 time he or she no longer meets the criteria for involuntary 912 inpatient treatment. The court may not order an individual with 913 a developmental disability as defined in s. 393.063, traumatic 914 brain injury, or dementia who lacks a co-occurring mental 915 illness to be involuntarily placed in a state treatment 916 facility. Such individuals must be referred to the Agency for 917 Persons with Disabilities or the Department of Elderly Affairs 918 for further evaluation and the provision of appropriate services 919 for their individual needs. In addition, if it reasonably 920 appears that the individual would be found incapacitated under 921 chapter 744 and the individual does not already have a legal 922 guardian, the facility must inform any known next of kin and 923 initiate guardianship proceedings. The facility may hold the 924 individual until the petition to appoint a guardian is heard by 925 the court and placement is secured.The facility shall discharge926a patient any time the patient no longer meets the criteria for927involuntary inpatient placement, unless the patient has928transferred to voluntary status.929 (c) If at any time before the conclusion of the involuntary 930 placement hearingon involuntary inpatient placementit appears 931 to the court that the person does not meet the criteria offor932involuntary inpatient placement underthis section, but instead 933 meets the criteria for involuntaryoutpatient services, the934court may order the person evaluated for involuntary outpatient935services pursuant to s. 394.4655. The petition and hearing936procedures set forth in s. 394.4655 shall apply. If the person937instead meets the criteria for involuntary assessment,938protective custody, or involuntaryadmission or treatment 939 pursuant to s. 397.675,thenthe court may order the person to 940 be admitted for involuntary assessmentfor a period of 5 days941 pursuant to s. 397.6957s. 397.6811. Thereafter, all proceedings 942 are governed by chapter 397. 943 Section 12. Subsection (3) of section 394.495, Florida 944 Statutes, is amended to read: 945 394.495 Child and adolescent mental health system of care; 946 programs and services.— 947 (3) Assessments must be performed by: 948 (a) A clinical psychologist, clinical social worker, 949 physician, psychiatric nurse, or psychiatrist as those terms are 950 defined in s. 394.455professional as defined in s. 394.455(5),951(7), (32), (35), or (36); 952 (b) A professional licensed under chapter 491; or 953 (c) A person who is under the direct supervision of a 954 clinical psychologist, clinical social worker, physician, 955 psychiatric nurse, or psychiatrist as those terms are defined in 956 s. 394.455qualified professional as defined in s. 394.455(5),957(7), (32), (35), or (36)or a professional licensed under 958 chapter 491. 959 Section 13. Subsection (5) of section 394.496, Florida 960 Statutes, is amended to read: 961 394.496 Service planning.— 962 (5) A clinical psychologist, clinical social worker, 963 physician, psychiatric nurse, or psychiatrist as those terms are 964 defined in s. 394.455professional as defined in s. 394.455(5),965(7), (32), (35), or (36)or a professional licensed under 966 chapter 491 must be included among those persons developing the 967 services plan. 968 Section 14. Paragraph (a) of subsection (2) of section 969 394.499, Florida Statutes, is amended to read: 970 394.499 Integrated children’s crisis stabilization 971 unit/juvenile addictions receiving facility services.— 972 (2) Children eligible to receive integrated children’s 973 crisis stabilization unit/juvenile addictions receiving facility 974 services include: 975 (a) A person under 18 years of age for whom voluntary 976 application is made by his or her parent or legal guardian, if 977 such person is found to show evidence of mental illness and to 978 be suitable for treatment pursuant to s. 394.4625. A person 979 under 18 years of age may be admitted for integrated facility 980 services only after a hearing to verify that the consent to 981 admission is voluntary is conducted pursuant to s. 394.4625. 982 Section 15. Subsection (6) of section 394.9085, Florida 983 Statutes, is amended to read: 984 394.9085 Behavioral provider liability.— 985 (6) For purposes of this section, the terms “detoxification 986 services,” “addictions receiving facility,” and “receiving 987 facility” have the same meanings as those provided in ss. 988 397.311(26)(a)4., 397.311(26)(a)1., and 394.455394.455(39), 989 respectively. 990 Section 16. Subsection (3) of section 397.305, Florida 991 Statutes, is amended to read: 992 397.305 Legislative findings, intent, and purpose.— 993 (3) It is the purpose of this chapter to provide for a 994 comprehensive continuum of accessible and quality substance 995 abuse prevention, intervention, clinical treatment, and recovery 996 support services in the most appropriate and least restrictive 997 environment which promotes long-term recovery while protecting 998 and respecting the rights of individuals, primarily through 999 community-based private not-for-profit providers working with 1000 local governmental programs involving a wide range of agencies 1001 from both the public and private sectors. 1002 Section 17. Present subsections (29) through (36) and (37) 1003 through (50) of section 397.311, Florida Statutes, are 1004 redesignated as subsections (30) through (37) and (39) through 1005 (52), respectively, new subsections (29) and (38) are added to 1006 that section, and subsections (19) and (23) are amended, to 1007 read: 1008 397.311 Definitions.—As used in this chapter, except part 1009 VIII, the term: 1010 (19) “Impaired” or “substance abuse impaired” means having 1011 a substance use disorder or a condition involving the use of 1012 alcoholic beverages, illicit or prescription drugs, or any 1013 psychoactive or mood-altering substance in such a manner as to 1014 induce mental, emotional, or physical problems orandcause 1015 socially dysfunctional behavior. 1016 (23) “Involuntary treatment services” means an array of 1017 behavioral health services that may be ordered by the court for 1018 persons with substance abuse impairment or co-occurring 1019 substance abuse impairment and mental health disorders. 1020 (29) “Neglect or refuse to care for himself or herself” 1021 includes, but is not limited to, evidence that a person: 1022 (a) Is unable to satisfy basic needs for nourishment, 1023 clothing, medical care, shelter, or safety in a manner that 1024 creates a substantial probability of imminent death, serious 1025 physical debilitation, or disease; or 1026 (b) Is substantially unable to make an informed treatment 1027 choice and needs care or treatment to prevent deterioration. 1028 (38) “Real and present threat of substantial harm” 1029 includes, but is not limited to, evidence of a substantial 1030 probability that the untreated person will: 1031 (a) Lack, refuse, or not receive services for health and 1032 safety that are actually available in the community; or 1033 (b) Suffer severe mental, emotional, or physical harm that 1034 will result in the loss of ability to function in the community 1035 or the loss of cognitive or volitional control over thoughts or 1036 actions. 1037 Section 18. Section 397.416, Florida Statutes, is amended 1038 to read: 1039 397.416 Substance abuse treatment services; qualified 1040 professional.—Notwithstanding any other provision of law, a 1041 person who was certified through a certification process 1042 recognized by the former Department of Health and Rehabilitative 1043 Services before January 1, 1995, may perform the duties of a 1044 qualified professional with respect to substance abuse treatment 1045 services as defined in this chapter, and need not meet the 1046 certification requirements contained in s. 397.311(36)s.1047397.311(35). 1048 Section 19. Subsection (11) is added to section 397.501, 1049 Florida Statutes, to read: 1050 397.501 Rights of individuals.—Individuals receiving 1051 substance abuse services from any service provider are 1052 guaranteed protection of the rights specified in this section, 1053 unless otherwise expressly provided, and service providers must 1054 ensure the protection of such rights. 1055 (11) POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a 1056 respondent with a serious substance abuse addiction must be 1057 informed of the essential elements of recovery and provided 1058 assistance with accessing a continuum of care regimen. The 1059 department may adopt rules specifying the services that may be 1060 provided to such respondents. 1061 Section 20. Section 397.675, Florida Statutes, is amended 1062 to read: 1063 397.675 Criteria for involuntary admissions, including 1064 protective custody, emergency admission, and other involuntary 1065 assessment, involuntary treatment, and alternative involuntary 1066 assessment for minors, for purposes of assessment and 1067 stabilization, and for involuntary treatment.—A person meets the 1068 criteria for involuntary admission if there is good faith reason 1069 to believe that the person is substance abuse impaired, has a 1070 substance use disorder, or has a substance use disorder and a 1071 co-occurring mental health disorder and, because of such 1072 impairment or disorder: 1073 (1) Has lost the power of self-control with respect to 1074 substance abuse, or has a history of noncompliance with 1075 substance abuse treatment with continued substance use;and1076 (2)(a)Is in need of substance abuse services and, by 1077 reason of substance abuse impairment, his or her judgment has 1078 been so impaired that he or she is refusing voluntary care after 1079 a sufficient and conscientious explanation and disclosure of the 1080 purpose for such services, or is incapable of appreciating his 1081 or her need for such services and of making a rational decision 1082 in that regard, although mere refusal to receive such services 1083 does not constitute evidence of lack of judgment with respect to 1084 his or her need for such services; andor1085 (3)(a)(b)Without care or treatment, is likely to suffer 1086 from neglect or refuse to care for himself or herself; that such 1087 neglect or refusal poses a real and present threat of 1088 substantial harm to his or her well-being; and that it is not 1089 apparent that such harm may be avoided through the help of 1090 willing, able, and responsible family members or friends or the 1091 provision of other services;,or 1092 (b) There is substantial likelihood that in the near future 1093 and without services, the person will inflict serious harm to 1094 self or others, as evidenced by acts, omissions, or behavior 1095 causing, attempting, or threatening such harm, which includes, 1096 but is not limited to, significant property damagehas1097inflicted, or threatened to or attempted to inflict, or, unless1098admitted, is likely to inflict, physical harm on himself,1099herself, or another. 1100 Section 21. Subsection (1) of section 397.6751, Florida 1101 Statutes, is amended to read: 1102 397.6751 Service provider responsibilities regarding 1103 involuntary admissions.— 1104 (1) It is the responsibility of the service provider to: 1105 (a) Ensure that a person who is admitted to a licensed 1106 service component meets the admission criteria specified in s. 1107 397.675; 1108 (b) Ascertain whether the medical and behavioral conditions 1109 of the person, as presented, are beyond the safe management 1110 capabilities of the service provider; 1111 (c) Provide for the admission of the person to the service 1112 component that represents the most appropriate and least 1113 restrictive available setting that is responsive to the person’s 1114 treatment needs; 1115 (d) Verify that the admission of the person to the service 1116 component does not result in a census in excess of its licensed 1117 service capacity; 1118 (e) Determine whether the cost of services is within the 1119 financial means of the person or those who are financially 1120 responsible for the person’s care; and 1121 (f) Take all necessary measures to ensure that each 1122 individual in treatment is provided with a safe environment, and 1123 to ensure that each individual whose medical condition or 1124 behavioral problem becomes such that he or she cannot be safely 1125 managed by the service component is discharged and referred to a 1126 more appropriate setting for care. 1127 Section 22. Section 397.681, Florida Statutes, is amended 1128 to read: 1129 397.681 Involuntary petitions; general provisions; court 1130 jurisdiction and right to counsel.— 1131 (1) JURISDICTION.—The courts have jurisdiction of 1132involuntary assessment and stabilization petitions and1133 involuntary treatment petitions for substance abuse impaired 1134 persons, and such petitions must be filed with the clerk of the 1135 court in the county where the person is located. The clerk of 1136 the court may not charge a fee for the filing of a petition 1137 under this section. The chief judge may appoint a general or 1138 special magistrate to preside over all or part of the 1139 proceedings. The alleged impaired person is named as the 1140 respondent. 1141 (2) RIGHT TO COUNSEL.—A respondent has the right to counsel 1142 at every stage of a proceeding relating to a petition for his or 1143 herinvoluntary assessment and a petition for his or her1144 involuntary treatment for substance abuse impairment. A 1145 respondent who desires counsel and is unable to afford private 1146 counsel has the right to court-appointed counsel and to the 1147 benefits of s. 57.081. If the court believes that the respondent 1148 needs the assistance of counsel, the court shall appoint such 1149 counsel for the respondent without regard to the respondent’s 1150 wishes. If the respondent is a minor not otherwise represented 1151 in the proceeding, the court shall immediately appoint a 1152 guardian ad litem to act on the minor’s behalf. 1153 (3) STATE REPRESENTATIVE.—Subject to legislative 1154 appropriation, for all court-involved involuntary proceedings 1155 under this chapter in which the petitioner has not retained 1156 private counsel, the state attorney for the circuit in which the 1157 respondent is located shall represent the state rather than the 1158 petitioner as the real party of interest in the proceeding, but 1159 the state attorney must be respectful of the petitioner’s 1160 interests and concerns. In order to evaluate and prepare its 1161 case before the hearing, the state attorney may access, by 1162 subpoena if necessary, the respondent, the witnesses, and all 1163 relevant records. Such records include, but are not limited to, 1164 any social media, school records, clinical files, and reports 1165 documenting contact the respondent may have had with law 1166 enforcement officers or other state agencies. However, these 1167 records shall remain confidential, and the petitioner may not 1168 access any records obtained by the state attorney unless such 1169 records are entered into the court file. In addition, the state 1170 attorney may not use any records obtained under this part for 1171 criminal investigation or prosecution purposes, or for any 1172 purpose other than the respondent’s civil commitment under this 1173 chapter. 1174 Section 23. Section 397.6811, Florida Statutes, is 1175 repealed. 1176 Section 24. Section 397.6814, Florida Statutes, is 1177 repealed. 1178 Section 25. Section 397.6815, Florida Statutes, is 1179 repealed. 1180 Section 26. Section 397.6818, Florida Statutes, is 1181 repealed. 1182 Section 27. Section 397.6819, Florida Statutes, is 1183 repealed. 1184 Section 28. Section 397.6821, Florida Statutes, is 1185 repealed. 1186 Section 29. Section 397.6822, Florida Statutes, is 1187 repealed. 1188 Section 30. Section 397.693, Florida Statutes, is amended 1189 to read: 1190 397.693 Involuntary treatment.—A person may be the subject 1191 of a petition for court-ordered involuntary treatment pursuant 1192 to this part,if that person: 1193 (1) Reasonably appears to meetmeetsthe criteria for 1194 involuntary admission provided in s. 397.675;and:1195 (2)(1)Has been placed under protective custody pursuant to 1196 s. 397.677 within the previous 10 days; 1197 (3)(2)Has been subject to an emergency admission pursuant 1198 to s. 397.679 within the previous 10 days; or 1199 (4)(3)Has been assessed by a qualified professional within 1200 305days;1201(4)Has been subject to involuntary assessment and1202stabilization pursuant to s. 397.6818 within the previous 121203days; or1204(5)Has been subject to alternative involuntary admission1205pursuant to s. 397.6822 within the previous 12 days. 1206 Section 31. Section 397.695, Florida Statutes, is amended 1207 to read: 1208 397.695 Involuntary treatment services; persons who may 1209 petition.— 1210 (1) If the respondent is an adult, a petition for 1211 involuntary treatment services may be filed by the respondent’s 1212 spouse or legal guardian, any relative, a service provider, or 1213 an adult who has direct personal knowledge of the respondent’s 1214 substance abuse impairment and his or her prior course of 1215 assessment and treatment. 1216 (2) If the respondent is a minor, a petition for 1217 involuntary treatment may be filed by a parent, legal guardian, 1218 or service provider. 1219 (3) The court or the clerk of the court may waive or 1220 prohibit any service of process fees if a petitioner is 1221 determined to be indigent under s. 57.082. 1222 Section 32. Section 397.6951, Florida Statutes, is amended 1223 to read: 1224 397.6951 Contents of petition for involuntary treatment 1225 services.— 1226 (1) A petition for involuntary treatment services must 1227 contain the name of the respondent; the name of the petitioner 1228 or petitioners; the relationship between the respondent and the 1229 petitioner; the name of the respondent’s attorney, if known;the1230findings and recommendations of the assessment performed by the1231qualified professional;and the factual allegations presented by 1232 the petitioner establishing the need for involuntaryoutpatient1233 services for substance abuse impairment. The factual allegations 1234 must demonstrate the reason for the petitioner’s belief that the 1235 respondent: 1236(1)The reason for the petitioner’s belief that the1237respondent is substance abuse impaired;1238 (a)(2)The reason for the petitioner’s belief that because1239of such impairment the respondentHas lost the power of self 1240 control with respect to substance abuse, or has a history of 1241 noncompliance with substance abuse treatment with continued 1242 substance use;and1243 (b) Needs substance abuse services, but his or her judgment 1244 is so impaired by substance abuse that he or she either is 1245 refusing voluntary care after a sufficient and conscientious 1246 explanation and disclosure of the purpose of such services, or 1247 is incapable of appreciating his or her need for such services 1248 and of making a rational decision in that regard; and 1249 (c)1. Without services, is likely to suffer from neglect or 1250 refuse to care for himself or herself; that the neglect or 1251 refusal poses a real and present threat of substantial harm to 1252 his or her well-being; and that it is not apparent that the harm 1253 may be avoided through the help of willing, able, and 1254 responsible family members or friends or the provision of other 1255 services; or 1256 2. There is a substantial likelihood that in the near 1257 future and without services, the respondent will inflict serious 1258 harm to self or others, as evidenced by acts, omissions, or 1259 behavior causing, attempting, or threatening such harm, which 1260 includes, but is not limited to, significant property damage 1261(3)(a)The reason the petitioner believes that the1262respondent has inflicted or is likely to inflict physical harm1263on himself or herself or others unless the court orders the1264involuntary services; or1265(b)The reason the petitioner believes that the1266respondent’s refusal to voluntarily receive care is based on1267judgment so impaired by reason of substance abuse that the1268respondent is incapable of appreciating his or her need for care1269and of making a rational decision regarding that need for care. 1270 (2) The petition may be accompanied by a certificate or 1271 report of a qualified professional or a licensed physician who 1272 has examined the respondent within 30 days before the petition’s 1273 submission. This certificate or report must include the 1274 qualified professional or physician’s findings relating to his 1275 or her assessment of the patient and his or her treatment 1276 recommendations. If the respondent was not assessed before the 1277 filing of a treatment petition or refused to submit to an 1278 evaluation, the lack of assessment or refusal must be noted in 1279 the petition. 1280 (3) If there is an emergency, the petition must also 1281 describe the respondent’s exigent circumstances and include a 1282 request for an ex parte assessment and stabilization order that 1283 must be executed pursuant to s. 397.6955(4). 1284 Section 33. Section 397.6955, Florida Statutes, is amended 1285 to read: 1286 397.6955 Duties of court upon filing of petition for 1287 involuntary treatment services.— 1288 (1) Upon the filing of a petition for involuntary treatment 1289 services for a substance abuse impaired person with the clerk of 1290 the court that does not indicate the petitioner has retained 1291 private counsel, the clerk must notify the state attorney’s 1292 office. In addition, the court shall immediately determine 1293 whether the respondent is represented by an attorney or whether 1294 the appointment of counsel for the respondent is appropriate. 1295 If, based on the contents of the petition, the court appoints 1296 counsel for the person, the clerk of the court shall immediately 1297 notify the office of criminal conflict and civil regional 1298 counsel, created pursuant to s. 27.511, of the appointment. The 1299 office of criminal conflict and civil regional counsel shall 1300 represent the person until the petition is dismissed, the court 1301 order expires, or the person is discharged from involuntary 1302 treatment services. An attorney that represents the person named 1303 in the petition shall have access to the person, witnesses, and 1304 records relevant to the presentation of the person’s case and 1305 shall represent the interests of the person, regardless of the 1306 source of payment to the attorney. 1307 (2) The court shall schedule a hearing to be held on the 1308 petition within 10 court working5days unless a continuance is 1309 granted. The court may appoint a magistrate to preside at the 1310 hearing. 1311 (3) A copy of the petition and notice of the hearing must 1312 be provided to the respondent; the respondent’s parent, 1313 guardian, or legal custodian, in the case of a minor; the 1314 respondent’s attorney, if known; the petitioner; the 1315 respondent’s spouse or guardian, if applicable; and such other 1316 persons as the court may direct. If the respondent is a minor, a 1317 copy of the petition and notice of the hearing must be 1318 personally delivered to the respondent. The court shall also 1319 issue a summons to the person whose admission is sought. 1320 (4)(a) When the petitioner asserts that emergency 1321 circumstances exist, or when upon review of the petition the 1322 court determines that an emergency exists, the court may rely 1323 solely on the contents of the petition and, without the 1324 appointment of an attorney, enter an ex parte order for the 1325 respondent’s involuntary assessment and stabilization which must 1326 be executed during the period that the hearing on the petition 1327 for treatment is pending. The court may further order a law 1328 enforcement officer or other designated agent of the court to: 1329 1. Take the respondent into custody and deliver him or her 1330 to the nearest appropriate licensed service provider to be 1331 evaluated; and 1332 2. Serve the respondent with the notice of hearing and a 1333 copy of the petition. 1334 (b) The service provider must promptly inform the court and 1335 parties of the respondent’s arrival and may not hold the 1336 respondent for longer than 72 hours of observation thereafter, 1337 unless: 1338 1. The service provider seeks additional time under s. 1339 397.6957(1)(c) and the court, after a hearing, grants that 1340 motion; 1341 2. The respondent shows signs of withdrawal, or a need to 1342 be either detoxified or treated for a medical condition, which 1343 shall extend the amount of time the respondent may be held for 1344 observation until the issue is resolved; or 1345 3. The original or extended observation period ends on a 1346 weekend or holiday, in which case the provider may hold the 1347 respondent until the next court working day. 1348 (c) If the ex parte order was not executed by the initial 1349 hearing date, it shall be deemed void. However, should the 1350 respondent not appear at the hearing for any reason, including 1351 lack of service, and upon reviewing the petition, testimony, and 1352 evidence presented, the court reasonably believes the respondent 1353 meets this chapter’s commitment criteria and that a substance 1354 abuse emergency exists, the court may issue or reissue an ex 1355 parte assessment and stabilization order that is valid for 90 1356 days. If the respondent’s location is known at the time of the 1357 hearing, the court: 1358 1. Shall continue the case for no more than 10 court 1359 working days; and 1360 2. May order a law enforcement officer or other designated 1361 agent of the court to: 1362 a. Take the respondent into custody and deliver him or her 1363 to the nearest appropriate licensed service provider to be 1364 evaluated; and 1365 b. If a hearing date is set, serve the respondent with 1366 notice of the rescheduled hearing and a copy of the involuntary 1367 treatment petition if the respondent has not already been 1368 served. 1369 1370 Otherwise, the petitioner and the service provider must promptly 1371 inform the court that the respondent has been assessed so that 1372 the court may schedule a hearing. The service provider must 1373 serve the respondent, before his or her discharge, with the 1374 notice of hearing and a copy of the petition. However, if the 1375 respondent has not been assessed after 90 days, the court must 1376 dismiss the case. 1377 Section 34. Section 397.6957, Florida Statutes, is amended 1378 to read: 1379 397.6957 Hearing on petition for involuntary treatment 1380 services.— 1381 (1)(a) The respondent must be present at a hearing on a 1382 petition for involuntary treatment services unless he or she 1383 knowingly, intelligently, and voluntarily waives his or her 1384 right to be present or, upon receiving proof of service and 1385 evaluating the circumstances of the case, the court finds that 1386 his or her presence is inconsistent with his or her best 1387 interests or is likely to be injurious to himself or herself or 1388 others.,The court shall hear and review all relevant evidence, 1389 including testimony from individuals such as family members 1390 familiar with the respondent’s prior history and how it relates 1391 to his or her current condition, and thereview ofresults of 1392 the assessment completed by the qualified professional in 1393 connection with this chapter. The court may also order drug 1394 tests. Absent a showing of good cause, such as specific symptoms 1395 of the respondent’s condition, the court may permit all 1396 witnesses, such as any medical professionals or personnel who 1397 are or have been involved with the respondent’s treatment, to 1398 remotely attend and testify at the hearing under oath via the 1399 most appropriate and convenient technological method of 1400 communication available to the court, including, but not limited 1401 to, teleconference. Any witness intending to remotely attend and 1402 testify at the hearing must provide the parties with all 1403 relevant documents in advance of the hearingthe respondent’s1404protective custody, emergency admission, involuntary assessment,1405or alternative involuntary admission. The respondent must be1406present unless the court finds that his or her presence is1407likely to be injurious to himself or herself or others, in which1408event the court must appoint a guardian advocate to act in1409behalf of the respondent throughout the proceedings. 1410 (b) A respondent cannot be involuntarily ordered into 1411 treatment under this chapter without a clinical assessment being 1412 performed unless he or she is present in court and expressly 1413 waives the assessment. In nonemergency situations, if the 1414 respondent was not, or had previously refused to be, assessed by 1415 a qualified professional and, based on the petition, testimony, 1416 and evidence presented, it reasonably appears that the 1417 respondent qualifies for involuntary treatment services, the 1418 court shall issue an involuntary assessment and stabilization 1419 order to determine the appropriate level of treatment the 1420 respondent requires. Additionally, in cases where an assessment 1421 was attached to the petition, the respondent may request, or the 1422 court on its own motion may order, an independent assessment by 1423 a court-appointed physician or an otherwise agreed-upon 1424 physician. If an assessment order is issued, it is valid for 90 1425 days, and if the respondent is present or there is either proof 1426 of service or his or her location is known, the involuntary 1427 treatment hearing shall be continued for no more than 10 court 1428 working days. Otherwise, the petitioner and the service provider 1429 must promptly inform the court that the respondent has been 1430 assessed so that the court may schedule a hearing. The service 1431 provider shall then serve the respondent, before his or her 1432 discharge, with the notice of hearing and a copy of the 1433 petition. The assessment must occur before the new hearing date, 1434 and if there is evidence indicating that the respondent will not 1435 voluntarily appear at the forthcoming hearing, or is a danger to 1436 self or others, the court may enter a preliminary order 1437 committing the respondent to an appropriate treatment facility 1438 for further evaluation until the date of the rescheduled 1439 hearing. However, if after 90 days the respondent remains 1440 unassessed, the court shall dismiss the case. 1441 (c)1. The respondent’s assessment by a qualified 1442 professional must occur within 72 hours after his or her arrival 1443 at a licensed service provider unless he or she shows signs of 1444 withdrawal or a need to be either detoxified or treated for a 1445 medical condition, which shall extend the amount of time the 1446 respondent may be held for observation until that issue is 1447 resolved. If the person conducting the assessment is not a 1448 licensed physician, the assessment must be reviewed by a 1449 licensed physician within the 72-hour period. If the respondent 1450 is a minor, such assessment must be initiated within the first 1451 12 hours after the minor’s admission to the facility. The 1452 service provider may also move to extend the 72 hours of 1453 observation by petitioning the court in writing for additional 1454 time. The service provider must furnish copies of such motion to 1455 all parties in accordance with applicable confidentiality 1456 requirements and, after a hearing, the court may grant 1457 additional time or expedite the respondent’s involuntary 1458 treatment hearing. The involuntary treatment hearing, however, 1459 may only be expedited by agreement of the parties on the hearing 1460 date, or if there is notice and proof of service as provided in 1461 s. 397.6955 (1) and (3). If the court grants the service 1462 provider’s petition, the service provider may hold the 1463 respondent until its extended assessment period expires or until 1464 the expedited hearing date. However, if the original or extended 1465 observation period ends on a weekend or holiday, the provider 1466 may hold the respondent until the next court working day. 1467 2. Upon the completion of his or her report, the qualified 1468 professional, in accordance with applicable confidentiality 1469 requirements, shall provide copies to the court and all relevant 1470 parties and counsel. This report must contain a recommendation 1471 on the level, if any, of substance abuse and, if applicable, co 1472 occurring mental health treatment the respondent requires. The 1473 qualified professional’s failure to include a treatment 1474 recommendation, much like a recommendation of no treatment, 1475 shall result in the petition’s dismissal. 1476 (d) The court may order a law enforcement officer or other 1477 designated agent of the court to take the respondent into 1478 custody and transport him or her to or from the treating or 1479 assessing service provider and the court for his or her hearing. 1480 (2) The petitioner has the burden of proving by clear and 1481 convincing evidence that: 1482 (a) The respondent is substance abuse impaired, has lost 1483 the power of self-control with respect to substance abuse, or 1484andhas a history of lack of compliance with treatment for 1485 substance abuse with continued substance use;and1486 (b) Because of such impairment, the respondent is unlikely 1487 to voluntarily participate in the recommended services after 1488 sufficient and conscientious explanation and disclosure of their 1489 purpose, or is unable to determine for himself or herself 1490 whether services are necessary and make a rational decision in 1491 that regard; and:1492 (c)1. Without services, the respondent is likely to suffer 1493 from neglect or refuse to care for himself or herself; that such 1494 neglect or refusal poses a real and present threat of 1495 substantial harm to his or her well-being; and that it is not 1496 apparent that such harm may be avoided through the help of 1497 willing, able, and responsible family members or friends or the 1498 provision of other services; or 1499 2. There is a substantial likelihood that in the near 1500 future and without services, the respondent will inflict serious 1501 harm to self or others, as evidenced by acts, omissions, or 1502 behavior causing, attempting, or threatening such harm, which 1503 includes, but is not limited to, significant property damage 1504cause serious bodily harm to himself, herself, or another in the1505near future, as evidenced by recent behavior; or15062.The respondent’s refusal to voluntarily receive care is1507based on judgment so impaired by reason of substance abuse that1508the respondent is incapable of appreciating his or her need for1509care and of making a rational decision regarding that need for1510care. 1511 (3)One of the qualified professionals who executed the1512involuntary services certificate must be a witness. The court1513shall allow testimony from individuals, including family1514members, deemed by the court to be relevant under state law,1515regarding the respondent’s prior history and how that prior1516history relates to the person’s current condition. TheTestimony 1517 in the hearing must be taken under oath, and the proceedings 1518 must be recorded. The respondentpatientmay refuse to testify 1519 at the hearing. 1520 (4) If at any point during the hearing the court has reason 1521 to believe that the respondent, due to mental illness other than 1522 or in addition to substance abuse impairment, is likely to 1523 injure himself or herself or another if allowed to remain at 1524 liberty, or otherwise meets the involuntary commitment 1525 provisions of part I of chapter 394, the court may initiate 1526 involuntary proceedings under such provisions. 1527 (5)(4)At the conclusion of the hearing, the court shall 1528 either dismiss the petition or order the respondent to receive 1529 involuntary treatment services from his or her chosen licensed 1530 service provider if possible and appropriate. Any treatment 1531 order must include findings regarding the respondent’s need for 1532 treatment and the appropriateness of other lesser restrictive 1533 alternatives. 1534 Section 35. Section 397.697, Florida Statutes, is amended 1535 to read: 1536 397.697 Court determination; effect of court order for 1537 involuntary treatment services.— 1538 (1)(a) When the court finds that the conditions for 1539 involuntary treatment services have been proved by clear and 1540 convincing evidence, it may order the respondent to receive 1541 involuntary treatment services from a publicly funded licensed 1542 service provider for a period not to exceed 90 days. The court 1543 may also order a respondent to undergo treatment through a 1544 privately funded licensed service provider if the respondent has 1545 the ability to pay for the treatment, or if any person on the 1546 respondent’s behalf voluntarily demonstrates a willingness and 1547 an ability to pay for the treatment. If the court finds it 1548 necessary, it may direct the sheriff to take the respondent into 1549 custody and deliver him or her to the licensed service provider 1550 specified in the court order, or to the nearest appropriate 1551 licensed service provider, for involuntary treatment services. 1552 When the conditions justifying involuntary treatment services no 1553 longer exist, the individual must be released as provided in s. 1554 397.6971. When the conditions justifying involuntary treatment 1555 services are expected to exist after 90 days of treatment 1556 services, a renewal of the involuntary treatment services order 1557 may be requested pursuant to s. 397.6975 before the end of the 1558 90-day period. 1559 (b) To qualify for involuntary outpatient treatment, an 1560 individual must be supported by a social worker or case manager 1561 of a licensed service provider or a willing, able, and 1562 responsible individual appointed by the court who shall inform 1563 the court and parties if the respondent fails to comply with his 1564 or her outpatient program. In addition, unless the respondent 1565 has been involuntarily ordered into inpatient treatment under 1566 this chapter at least twice during the last 36 months, or 1567 demonstrates the ability to substantially comply with the 1568 outpatient treatment while waiting for residential placement to 1569 become available, he or she must receive an assessment from a 1570 qualified professional or licensed physician expressly 1571 recommending outpatient services, such services must be 1572 available in the county in which the respondent is located, and 1573 it must appear likely that the respondent will follow a 1574 prescribed outpatient care plan. 1575 (2) In all cases resulting in an order for involuntary 1576 treatment services, the court shall retain jurisdiction over the 1577 case and the parties for the entry of such further orders as the 1578 circumstances may require, including, but not limited to, 1579 monitoring compliance with treatment, changing the treatment 1580 modality, or initiating contempt of court proceedings for 1581 violating any valid order issued pursuant to this chapter. 1582 Hearings under this section may be set by motion of the parties 1583 or under the court’s own authority, and the motion and notice of 1584 hearing for these ancillary proceedings, which include, but are 1585 not limited to, civil contempt, must be served in accordance 1586 with relevant court procedural rules. The court’s requirements 1587 for notification of proposed release must be included in the 1588 original order. 1589 (3) An involuntary treatment services order also authorizes 1590 the licensed service provider to require the individual to 1591 receive treatment services that will benefit him or her, 1592 including treatment services at any licensable service component 1593 of a licensed service provider. While subject to the court’s 1594 oversight, the service provider’s authority under this section 1595 is separate and distinct from the court’s broad continuing 1596 jurisdiction under subsection (2). Such oversight includes, but 1597 is not limited to, submitting reports regarding the respondent’s 1598 progress or compliance with treatment as required by the court. 1599 (4) If the court orders involuntary treatment services, a 1600 copy of the order must be sent to the managing entity within 1 1601 working day after it is received from the court. Documents may 1602 be submitted electronically throughthoughexisting data 1603 systems, if applicable. 1604 Section 36. Section 397.6971, Florida Statutes, is amended 1605 to read: 1606 397.6971 Early release from involuntary treatment 1607 services.— 1608 (1) At any time before the end of the 90-day involuntary 1609 treatment services period, or before the end of any extension 1610 granted pursuant to s. 397.6975, an individual receiving 1611 involuntary treatment services may be determined eligible for 1612 discharge to the most appropriate referral or disposition for 1613 the individual when any of the following apply: 1614 (a) The individual no longer meets the criteria for 1615 involuntary admission and has given his or her informed consent 1616 to be transferred to voluntary treatment status. 1617 (b) If the individual was admitted on the grounds of 1618 likelihood of infliction ofphysicalharm upon himself or 1619 herself or others, such likelihood no longer exists. 1620 (c) If the individual was admitted on the grounds of need 1621 for assessment and stabilization or treatment, accompanied by 1622 inability to make a determination respecting such need: 1623 1. Such inability no longer exists; or 1624 2. It is evident that further treatment will not bring 1625 about further significant improvements in the individual’s 1626 condition. 1627 (d) The individualisno longer needs treatmentin need of1628 services. 1629 (e) The director of the service provider determines that 1630 the individual is beyond the safe management capabilities of the 1631 provider. 1632 (2) Whenever a qualified professional determines that an 1633 individual admitted for involuntary treatment services qualifies 1634 for early release under subsection (1), the service provider 1635 shall immediately discharge the individual and must notify all 1636 persons specified by the court in the original treatment order. 1637 Section 37. Section 397.6975, Florida Statutes, is amended 1638 to read: 1639 397.6975 Extension of involuntary treatment services 1640 period.— 1641 (1) Whenever a service provider believes that an individual 1642 who is nearing the scheduled date of his or her release from 1643 involuntary care services continues to meet the criteria for 1644 involuntary treatment services in s. 397.693 or s. 397.6957, a 1645 petition for renewal of the involuntary treatment services order 1646 mustmaybe filed with the courtat least 10 daysbefore the 1647 expiration of the court-ordered services period. The petition 1648 may be filed by the service provider or by the person who filed 1649 the petition for the initial treatment order if the petition is 1650 accompanied by supporting documentation from the service 1651 provider. The court shallimmediatelyschedule a hearing within 1652 10 court workingto be held not more than 15days after filing 1653 of the petition and. The court shallprovide the copy of the 1654 petition for renewal and the notice of the hearing to all 1655 parties and counsel to the proceeding. The hearing is conducted 1656 pursuant to ss. 397.697 and 397.6957 and must be before the 1657 circuit court unless referred to a magistrates. 397.6957. 1658 (2) If the court finds that the petition for renewal ofthe1659 involuntary treatment servicesordershould be granted, it may 1660 order the respondent to receive involuntary treatment services 1661 for a period not to exceed an additional 90 days. When the 1662 conditions justifying involuntary treatment services no longer 1663 exist, the individual must be released as provided in s. 1664 397.6971. When the conditions justifying involuntary treatment 1665 services continue to exist after an additional 90 days of 1666 treatment service, a new petition requesting renewal of the 1667 involuntary treatment services order may be filed pursuant to 1668 this section. 1669(3)Within 1 court working day after the filing of a1670petition for continued involuntary services, the court shall1671appoint the office of criminal conflict and civil regional1672counsel to represent the respondent, unless the respondent is1673otherwise represented by counsel. The clerk of the court shall1674immediately notify the office of criminal conflict and civil1675regional counsel of such appointment. The office of criminal1676conflict and civil regional counsel shall represent the1677respondent until the petition is dismissed or the court order1678expires or the respondent is discharged from involuntary1679services. Any attorney representing the respondent shall have1680access to the respondent, witnesses, and records relevant to the1681presentation of the respondent’s case and shall represent the1682interests of the respondent, regardless of the source of payment1683to the attorney.1684(4)Hearings on petitions for continued involuntary1685services shall be before the circuit court. The court may1686appoint a magistrate to preside at the hearing. The procedures1687for obtaining an order pursuant to this section shall be in1688accordance with s. 397.697.1689(5)Notice of hearing shall be provided to the respondent1690or his or her counsel. The respondent and the respondent’s1691counsel may agree to a period of continued involuntary services1692without a court hearing.1693(6)The same procedure shall be repeated before the1694expiration of each additional period of involuntary services.1695(7)If the respondent has previously been found incompetent1696to consent to treatment, the court shall consider testimony and1697evidence regarding the respondent’s competence.1698 Section 38. Section 397.6977, Florida Statutes, is amended 1699 to read: 1700 397.6977 Disposition of individual upon completion of 1701 involuntary treatment services.—At the conclusion of the 90-day 1702 period of court-ordered involuntary treatment services, the 1703 respondent is automatically discharged unless a motion for 1704 renewal of the involuntary treatment services order has been 1705 filed with the court pursuant to s. 397.6975. 1706 Section 39. Section 397.6978, Florida Statutes, is 1707 repealed. 1708 Section 40. Paragraph (b) of subsection (1) of section 1709 409.972, Florida Statutes, is amended to read: 1710 409.972 Mandatory and voluntary enrollment.— 1711 (1) The following Medicaid-eligible persons are exempt from 1712 mandatory managed care enrollment required by s. 409.965, and 1713 may voluntarily choose to participate in the managed medical 1714 assistance program: 1715 (b) Medicaid recipients residing in residential commitment 1716 facilities operated through the Department of Juvenile Justice 1717 or a treatment facility as defined in s. 394.455s. 394.455(47). 1718 Section 41. Paragraph (e) of subsection (4) of section 1719 464.012, Florida Statutes, is amended to read: 1720 464.012 Licensure of advanced practice registered nurses; 1721 fees; controlled substance prescribing.— 1722 (4) In addition to the general functions specified in 1723 subsection (3), an advanced practice registered nurse may 1724 perform the following acts within his or her specialty: 1725 (e) A psychiatric nurse, who meets the requirements in s. 1726 394.455(36)s. 394.455(35), within the framework of an 1727 established protocol with a psychiatrist, may prescribe 1728 psychotropic controlled substances for the treatment of mental 1729 disorders. 1730 Section 42. Subsection (7) of section 744.2007, Florida 1731 Statutes, is amended to read: 1732 744.2007 Powers and duties.— 1733 (7) A public guardian may not commit a ward to a treatment 1734 facility, as defined in s. 394.455s. 394.455(47), without an 1735 involuntary placement proceeding as provided by law. 1736 Section 43. Paragraph (a) of subsection (2) of section 1737 790.065, Florida Statutes, is amended to read: 1738 790.065 Sale and delivery of firearms.— 1739 (2) Upon receipt of a request for a criminal history record 1740 check, the Department of Law Enforcement shall, during the 1741 licensee’s call or by return call, forthwith: 1742 (a) Review any records available to determine if the 1743 potential buyer or transferee: 1744 1. Has been convicted of a felony and is prohibited from 1745 receipt or possession of a firearm pursuant to s. 790.23; 1746 2. Has been convicted of a misdemeanor crime of domestic 1747 violence, and therefore is prohibited from purchasing a firearm; 1748 3. Has had adjudication of guilt withheld or imposition of 1749 sentence suspended on any felony or misdemeanor crime of 1750 domestic violence unless 3 years have elapsed since probation or 1751 any other conditions set by the court have been fulfilled or 1752 expunction has occurred; or 1753 4. Has been adjudicated mentally defective or has been 1754 committed to a mental institution by a court or as provided in 1755 sub-sub-subparagraph b.(II), and as a result is prohibited by 1756 state or federal law from purchasing a firearm. 1757 a. As used in this subparagraph, “adjudicated mentally 1758 defective” means a determination by a court that a person, as a 1759 result of marked subnormal intelligence, or mental illness, 1760 incompetency, condition, or disease, is a danger to himself or 1761 herself or to others or lacks the mental capacity to contract or 1762 manage his or her own affairs. The phrase includes a judicial 1763 finding of incapacity under s. 744.331(6)(a), an acquittal by 1764 reason of insanity of a person charged with a criminal offense, 1765 and a judicial finding that a criminal defendant is not 1766 competent to stand trial. 1767 b. As used in this subparagraph, “committed to a mental 1768 institution” means: 1769 (I) Involuntary commitment, commitment for mental 1770 defectiveness or mental illness, and commitment for substance 1771 abuse. The phrase includes involuntary inpatient placement under 1772as defined ins. 394.467, involuntary outpatient placement as 1773 defined in s. 394.4655,involuntary assessment and stabilization1774under s. 397.6818,and involuntary substance abuse treatment 1775 under s. 397.6957, but does not include a person in a mental 1776 institution for observation or discharged from a mental 1777 institution based upon the initial review by the physician or a 1778 voluntary admission to a mental institution; or 1779 (II) Notwithstanding sub-sub-subparagraph (I), voluntary 1780 admission to a mental institution for outpatient or inpatient 1781 treatment of a person who had an involuntary examination under 1782 s. 394.463, where each of the following conditions have been 1783 met: 1784 (A) An examining physician found that the person is an 1785 imminent danger to himself or herself or others. 1786 (B) The examining physician certified that if the person 1787 did not agree to voluntary treatment, a petition for involuntary 1788 outpatient or inpatient treatment would have been filed under s. 1789 394.463(2)(g)4., or the examining physician certified that a 1790 petition was filed and the person subsequently agreed to 1791 voluntary treatment prior to a court hearing on the petition. 1792 (C) Before agreeing to voluntary treatment, the person 1793 received written notice of that finding and certification, and 1794 written notice that as a result of such finding, he or she may 1795 be prohibited from purchasing a firearm, and may not be eligible 1796 to apply for or retain a concealed weapon or firearms license 1797 under s. 790.06 and the person acknowledged such notice in 1798 writing, in substantially the following form: 1799 1800 “I understand that the doctor who examined me believes I am a 1801 danger to myself or to others. I understand that if I do not 1802 agree to voluntary treatment, a petition will be filed in court 1803 to require me to receive involuntary treatment. I understand 1804 that if that petition is filed, I have the right to contest it. 1805 In the event a petition has been filed, I understand that I can 1806 subsequently agree to voluntary treatment prior to a court 1807 hearing. I understand that by agreeing to voluntary treatment in 1808 either of these situations, I may be prohibited from buying 1809 firearms and from applying for or retaining a concealed weapons 1810 or firearms license until I apply for and receive relief from 1811 that restriction under Florida law.” 1812 1813 (D) A judge or a magistrate has, pursuant to sub-sub 1814 subparagraph c.(II), reviewed the record of the finding, 1815 certification, notice, and written acknowledgment classifying 1816 the person as an imminent danger to himself or herself or 1817 others, and ordered that such record be submitted to the 1818 department. 1819 c. In order to check for these conditions, the department 1820 shall compile and maintain an automated database of persons who 1821 are prohibited from purchasing a firearm based on court records 1822 of adjudications of mental defectiveness or commitments to 1823 mental institutions. 1824 (I) Except as provided in sub-sub-subparagraph (II), clerks 1825 of court shall submit these records to the department within 1 1826 month after the rendition of the adjudication or commitment. 1827 Reports shall be submitted in an automated format. The reports 1828 must, at a minimum, include the name, along with any known alias 1829 or former name, the sex, and the date of birth of the subject. 1830 (II) For persons committed to a mental institution pursuant 1831 to sub-sub-subparagraph b.(II), within 24 hours after the 1832 person’s agreement to voluntary admission, a record of the 1833 finding, certification, notice, and written acknowledgment must 1834 be filed by the administrator of the receiving or treatment 1835 facility, as defined in s. 394.455, with the clerk of the court 1836 for the county in which the involuntary examination under s. 1837 394.463 occurred. No fee shall be charged for the filing under 1838 this sub-sub-subparagraph. The clerk must present the records to 1839 a judge or magistrate within 24 hours after receipt of the 1840 records. A judge or magistrate is required and has the lawful 1841 authority to review the records ex parte and, if the judge or 1842 magistrate determines that the record supports the classifying 1843 of the person as an imminent danger to himself or herself or 1844 others, to order that the record be submitted to the department. 1845 If a judge or magistrate orders the submittal of the record to 1846 the department, the record must be submitted to the department 1847 within 24 hours. 1848 d. A person who has been adjudicated mentally defective or 1849 committed to a mental institution, as those terms are defined in 1850 this paragraph, may petition the court that made the 1851 adjudication or commitment, or the court that ordered that the 1852 record be submitted to the department pursuant to sub-sub 1853 subparagraph c.(II), for relief from the firearm disabilities 1854 imposed by such adjudication or commitment. A copy of the 1855 petition shall be served on the state attorney for the county in 1856 which the person was adjudicated or committed. The state 1857 attorney may object to and present evidence relevant to the 1858 relief sought by the petition. The hearing on the petition may 1859 be open or closed as the petitioner may choose. The petitioner 1860 may present evidence and subpoena witnesses to appear at the 1861 hearing on the petition. The petitioner may confront and cross 1862 examine witnesses called by the state attorney. A record of the 1863 hearing shall be made by a certified court reporter or by court 1864 approved electronic means. The court shall make written findings 1865 of fact and conclusions of law on the issues before it and issue 1866 a final order. The court shall grant the relief requested in the 1867 petition if the court finds, based on the evidence presented 1868 with respect to the petitioner’s reputation, the petitioner’s 1869 mental health record and, if applicable, criminal history 1870 record, the circumstances surrounding the firearm disability, 1871 and any other evidence in the record, that the petitioner will 1872 not be likely to act in a manner that is dangerous to public 1873 safety and that granting the relief would not be contrary to the 1874 public interest. If the final order denies relief, the 1875 petitioner may not petition again for relief from firearm 1876 disabilities until 1 year after the date of the final order. The 1877 petitioner may seek judicial review of a final order denying 1878 relief in the district court of appeal having jurisdiction over 1879 the court that issued the order. The review shall be conducted 1880 de novo. Relief from a firearm disability granted under this 1881 sub-subparagraph has no effect on the loss of civil rights, 1882 including firearm rights, for any reason other than the 1883 particular adjudication of mental defectiveness or commitment to 1884 a mental institution from which relief is granted. 1885 e. Upon receipt of proper notice of relief from firearm 1886 disabilities granted under sub-subparagraph d., the department 1887 shall delete any mental health record of the person granted 1888 relief from the automated database of persons who are prohibited 1889 from purchasing a firearm based on court records of 1890 adjudications of mental defectiveness or commitments to mental 1891 institutions. 1892 f. The department is authorized to disclose data collected 1893 pursuant to this subparagraph to agencies of the Federal 1894 Government and other states for use exclusively in determining 1895 the lawfulness of a firearm sale or transfer. The department is 1896 also authorized to disclose this data to the Department of 1897 Agriculture and Consumer Services for purposes of determining 1898 eligibility for issuance of a concealed weapons or concealed 1899 firearms license and for determining whether a basis exists for 1900 revoking or suspending a previously issued license pursuant to 1901 s. 790.06(10). When a potential buyer or transferee appeals a 1902 nonapproval based on these records, the clerks of court and 1903 mental institutions shall, upon request by the department, 1904 provide information to help determine whether the potential 1905 buyer or transferee is the same person as the subject of the 1906 record. Photographs and any other data that could confirm or 1907 negate identity must be made available to the department for 1908 such purposes, notwithstanding any other provision of state law 1909 to the contrary. Any such information that is made confidential 1910 or exempt from disclosure by law shall retain such confidential 1911 or exempt status when transferred to the department. 1912 Section 44. This act shall take effect July 1, 2020.