Bill Text: FL S0960 | 2019 | Regular Session | Introduced
Bill Title: Marchman Act
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Judiciary [S0960 Detail]
Download: Florida-2019-S0960-Introduced.html
Florida Senate - 2019 SB 960 By Senator Farmer 34-01746-19 2019960__ 1 A bill to be entitled 2 An act relating to the Marchman Act; providing a short 3 title; amending s. 397.311, F.S.; revising 4 definitions; amending s. 397.6760, F.S.; requiring, 5 rather than authorizing, a clerk of the court to 6 disclose certain records; amending s. 397.6772, F.S.; 7 removing provisions authorizing a law enforcement 8 officer to detain a person in certain facilities under 9 certain circumstances; amending s. 397.681, F.S.; 10 authorizing certain petitions to be pled concurrently; 11 providing that a violation of a court order is subject 12 to certain powers; amending s. 397.6811, F.S.; 13 authorizing certain persons to be held at certain 14 facilities for a specified timeframe; prohibiting a 15 licensed service provider from initiating proceedings 16 unless certain conditions are met; amending s. 17 397.6814, F.S.; requiring certain petitions to include 18 additional specified information; amending s. 19 397.6815, F.S.; revising provisions relating to the 20 procedures for filing certain petitions; authorizing a 21 petitioner to serve a respondent by private process; 22 requiring a court to schedule a hearing on certain 23 petitions within a specified timeframe; providing 24 duties of the court and the clerk of the court 25 relating to the issuance of a writ of bodily 26 attachment; amending s. 397.6818, F.S.; requiring, 27 rather than authorizing, a court to designate a 28 licensed service provider to perform an involuntary 29 assessment and stabilization in a specified order; 30 requiring the court to make its findings based on 31 certain records within a specified timeframe; 32 requiring the court to schedule a hearing on a certain 33 petition within a specified timeframe; authorizing the 34 court to order a law enforcement agency to take a 35 respondent into custody for involuntary assessment by 36 a licensed service provider; amending s. 397.695, 37 F.S.; prohibiting a licensed service provider from 38 initiating proceedings unless certain conditions are 39 met; amending s. 397.6957, F.S.; revising provisions 40 relating to the duties of a court upon the filing of 41 certain petitions; amending ss. 397.675, 397.6758, 42 397.6799, 397.6822, 397.693, 397.6951, 397.6955, 43 397.697, and 397.6975, F.S.; conforming provisions to 44 changes made by the act; providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. This act may be cited as the “Substance Abuse 49 Services Modernization Act of 2019.” 50 Section 2. Subsections (19) and (41) of section 397.311, 51 Florida Statutes, are amended to read: 52 397.311 Definitions.—As used in this chapter, except part 53 VIII, the term: 54 (19) “Impaired” or “substance abuse impaired” means a 55 condition involving the use of alcoholic beverages or any 56 psychoactive or mood-altering substance in such a manner as to 57 induce mental, emotional, or physical problems and cause 58 socially dysfunctional behavior. For purposes of this chapter, a 59 person does not need to be under the influence of any substance 60 to be substance abuse impaired. 61 (41) “Secure facility,” except where the context indicates 62 a correctional system facility, means a licensed provider that 63 has the authority pursuant to this chapter to deter the 64 premature departure of involuntary individuals whose leaving 65 constitutes a violation of a court order or community-based 66 supervision as provided by law. The term“secure facility”67 includes addictions receiving facilities,andfacilities 68 authorized by local ordinance for the treatment of habitual 69 abusers, and crisis stabilization units or residential treatment 70 facilities licensed under s. 394.875. 71 Section 3. Section 397.675, Florida Statutes, is amended to 72 read: 73 397.675 Criteria for involuntary admissions, including 74 protective custody, emergency admission, and other involuntary 75 assessment, involuntary servicestreatment, and alternative 76 involuntary assessment for minors, for purposes of assessment 77 and stabilization, and for involuntary servicestreatment.—A 78 person meets the criteria for involuntary admission if there is 79 a good faith reason to believe that the person is substance 80 abuse impaired or has a co-occurring mental health disorder and, 81 because of such impairment or disorder: 82 (1) Has lost the power of self-control with respect to 83 substance abuse; and 84 (2)(a) Is in need of substance abuse services and, by 85 reason of substance abuse impairment, his or her judgment has 86 been so impaired that he or she is incapable of appreciating his 87 or her need for such services and of making a rational decision 88 in that regard, although mere refusal to receive such services 89 does not constitute evidence of lack of judgment with respect to 90 his or her need for such services; or 91 (b) Without care or servicestreatment, is likely to suffer 92 from neglect or refuse to care for himself or herself; that such 93 neglect or refusal poses a real and present threat of 94 substantial harm to his or her well-being; and that it is not 95 apparent that such harm may be avoided through the help of 96 willing family members or friends or the provision of other 97 services, or there is substantial likelihood that the person has 98 inflicted, or threatened to or attempted to inflict, or, unless 99 admitted, is likely to inflict, physical or emotional harm on 100 himself, herself, or another. 101 Section 4. Section 397.6758, Florida Statutes, is amended 102 to read: 103 397.6758 Release of individual from protective custody, 104 emergency admission, involuntary assessment, involuntary 105 servicestreatment, and alternative involuntary assessment of a 106 minor.—An individual involuntarily admitted to a licensed 107 service provider may be released without further order of the 108 court only by a qualified professional in a hospital, a 109 detoxification facility, an addictions receiving facility, or 110 any less restrictive servicestreatmentcomponent. Notice of the 111 release must be provided to the applicant in the case of an 112 emergency admission or an alternative involuntary assessment for 113 a minor, or to the petitioner and the court if the involuntary 114 assessment or services weretreatment wascourt ordered. In the 115 case of a minor, the release must be: 116 (1) To the individual’s parent, legal guardian, or legal 117 custodian or the authorized designee thereof; 118 (2) To the Department of Children and Families pursuant to 119 s. 39.401; or 120 (3) To the Department of Juvenile Justice pursuant to s. 121 984.13. 122 Section 5. Subsection (1) of section 397.6760, Florida 123 Statutes, is amended to read: 124 397.6760 Court records; confidentiality.— 125 (1) All petitions for involuntary assessment and 126 stabilization, court orders, and related records that are filed 127 with or by a court under this part are confidential and exempt 128 from s. 119.071(1) and s. 24(a), Art. I of the State 129 Constitution. Pleadings and other documents made confidential 130 and exempt by this section shallmaybe disclosed by the clerk 131 of the court, upon request, to any of the following: 132 (a) The petitioner. 133 (b) The petitioner’s attorney. 134 (c) The respondent. 135 (d) The respondent’s attorney. 136 (e) The respondent’s guardian or guardian advocate, if 137 applicable. 138 (f) In the case of a minor respondent, the respondent’s 139 parent, guardian, legal custodian, or guardian advocate. 140 (g) The respondent’s treating health care practitioner. 141 (h) The respondent’s health care surrogate or proxy. 142 (i) The Department of Children and Families, without 143 charge. 144 (j) The Department of Corrections, without charge, if the 145 respondent is committed or is to be returned to the custody of 146 the Department of Corrections from the Department of Children 147 and Families. 148 (k) A person or entity authorized to view records upon a 149 court order for good cause. In determining if there is good 150 cause for the disclosure of records, the court must weigh the 151 person or entity’s need for the information against potential 152 harm to the respondent from the disclosure. 153 Section 6. Subsection (1) of section 397.6772, Florida 154 Statutes, is amended to read: 155 397.6772 Protective custody without consent.— 156 (1) If a person in circumstances which justify protective 157 custody as described in s. 397.677 fails or refuses to consent 158 to assistance and a law enforcement officer has determined that 159 a hospital or a licensed detoxification or addictions receiving 160 facility is the most appropriate place for the person, the 161 officer may, after giving due consideration to the expressed 162 wishes of the person,:163(a)take the person to a hospital or to a licensed 164 detoxification or addictions receiving facility against the 165 person’s will but without using unreasonable force. The officer 166 shall use the standard form developed by the department pursuant 167 to s. 397.321 to execute a written report detailing the 168 circumstances under which the person was taken into custody. The 169 written report shall be included in the patient’s clinical 170 record; or171(b)In the case of an adult, detain the person for his or172her own protection in any municipal or county jail or other173appropriate detention facility. 174 175Such detention is not to be considered an arrest for any176purpose, and no entry or other record may be made to indicate177that the person has been detained or charged with any crime. The178officer in charge of the detention facility must notify the179nearest appropriate licensed service provider within the first 8180hours after detention that the person has been detained. It is181the duty of the detention facility to arrange, as necessary, for182transportation of the person to an appropriate licensed service183provider with an available bed. Persons taken into protective184custody must be assessed by the attending physician within the18572-hour period and without unnecessary delay, to determine the186need for further services.187 Section 7. Section 397.6799, Florida Statutes, is amended 188 to read: 189 397.6799 Disposition of minor upon completion of 190 alternative involuntary assessment.—A minor who has been 191 assessed pursuant to s. 397.6798 must, within the time 192 specified, be released or referred for further voluntary or 193 involuntary servicestreatment, whichever is most appropriate to 194 the needs of the minor. 195 Section 8. Section 397.681, Florida Statutes, is amended to 196 read: 197 397.681 Involuntary petitions; general provisions; court 198 jurisdiction and right to counsel.— 199 (1) JURISDICTION.—The courts have jurisdiction of 200 involuntary assessment and stabilization petitions and 201 involuntary servicestreatmentpetitions for substance abuse 202 impaired persons. Petitions for involuntary assessment and 203 stabilization and petitions for involuntary services may be pled 204 concurrently, and such petitions shallmustbe filed with the 205 clerk of the court in the county where the person is located. 206The clerk of the court may not chargeA fee may not be charged 207 for the filing of a petition pursuant tounderthis section. The 208 chief judge may appoint a general or special magistrate to 209 preside over all or part of the proceedings. The alleged 210 impaired person is named as the respondent. Any violation of a 211 court order by a named respondent is subject to the contempt 212 powers of the court. 213 (2) RIGHT TO COUNSEL.—A respondent has the right to counsel 214 at every stage of a proceeding relating to a petition for his or 215 her involuntary assessment and stabilization and a petition for 216 his or her involuntary servicestreatmentfor substance abuse 217 impairment. A respondent who desires counsel and is unable to 218 afford private counsel has the right to court-appointed counsel 219 and to the benefits of s. 57.081. If the court believes that the 220 respondent needs the assistance of counsel, the court shall 221 appoint such counsel for the respondent without regard to the 222 respondent’s wishes. If the respondent is a minor not otherwise 223 represented in the proceeding, the court shall immediately 224 appoint a guardian ad litem to act on the minor’s behalf. 225 Section 9. Section 397.6811, Florida Statutes, is amended 226 to read: 227 397.6811 Involuntary assessment and stabilization.—A person 228 determined by the court to appear to meet the criteria for 229 involuntary admission under s. 397.675 may be admittedfor a230period of 5 daysto and held at a hospital ortoa licensed 231 detoxification facility or addictions receiving facility for a 232 period of 5 days or more pursuant to s. 397.6822(3),for 233 involuntary assessment and stabilization or to a less 234 restrictive component of a licensed service provider for 235 assessment only upon entry of a court order or upon receipt by 236 the licensed service provider of a petition. Involuntary 237 assessment and stabilization may be initiated by the submission 238 of a petition to the court. 239 (1) If the person upon whose behalf the petition is being 240 filed is an adult, a petition for involuntary assessment and 241 stabilization may be filed by the respondent’s spouse or legal 242 guardian, any relative, a private practitioner, the director of 243 a licensed service provider or the director’s designee, or an 244 adult who hasdirectpersonal knowledge of the respondent’s 245 substance abuse impairment. 246 (2) If the person upon whose behalf the petition is being 247 filed is a minor, a petition for involuntary assessment and 248 stabilization may be filed by a parent, legal guardian, legal 249 custodian, or licensed service provider. 250 (3) A licensed service provider may not initiate any 251 proceedings under this chapter unless the licensed service 252 provider files a joint petition with an independent petitioner 253 who has no financial interest in the licensed service provider 254 or unless no other petitioner exists. 255 Section 10. Section 397.6814, Florida Statutes, is amended 256 to read: 257 397.6814 Involuntary assessment and stabilization; contents 258 of petition.—A petition for involuntary assessment and 259 stabilization must contain the name of the respondent, the 260 current location of the respondent in the county where the 261 petition has been filed, the name of the applicant or 262 applicants, the relationship between the respondent and the 263 applicant, and the name of the respondent’s attorney, if known, 264 and must state any request for a designation of a prearranged 265 service provider for involuntary assessment and stabilization 266 and sworn facts to support the need for involuntary assessment 267 and stabilization, including facts to support that the 268 respondent: 269 (1) Has lost the power of self-control with respect to 270 substance abuseThe reason for the petitioner’s belief that the271respondent is substance abuse impaired; 272(2)The reason for the petitioner’s belief that because of273such impairment the respondent has lost the power of self274control with respect to substance abuse;and 275 (2)(3)(a) Is in need of substance abuse services and, by 276 reason of substance abuse impairment, his or her judgment has 277 been so impaired that he or she is incapable of appreciating his 278 or her need for such services and of making a rational decision 279 in that regard, although mere refusal to receive such services 280 does not constitute evidence of lack of judgment with respect to 281 his or her need for such servicesThe reason the petitioner282believes that the respondent has inflicted or is likely to283inflict physical harm on himself or herself or others unless284admitted; or 285 (b) Without care or services, is likely to suffer from 286 neglect or refuse to care for himself or herself; that such 287 neglect or refusal poses a real and present threat of 288 substantial harm to his or her well-being; and that it is not 289 apparent that such harm may be avoided through the help of 290 willing family members or friends or the provision of other 291 services, or there is substantial likelihood that the person has 292 inflicted, or threatened to or attempted to inflict, or, unless 293 admitted, is likely to inflict, physical or emotional harm on 294 himself, herself, or anotherThe reason the petitioner believes295that the respondent’s refusal to voluntarily receive care is296based on judgment so impaired by reason of substance abuse that297the respondent is incapable of appreciating his or her need for298care and of making a rational decision regarding that need for299care. If the respondent has refused to submit to an assessment,300such refusal must be alleged in the petition. 301 302A fee may not be charged for the filing of a petition pursuant303to this section.304 Section 11. Section 397.6815, Florida Statutes, is amended 305 to read: 306 397.6815 Involuntary assessment and stabilization; 307 procedure.— 308 (1) Upon receipt and filing of the petition for the 309 involuntary assessment and stabilization of a substance abuse 310 impaired person by the clerk of the court, the court shall 311 review the petition and ascertain whether the respondent is 312 represented by an attorney, and if not, whether, on the basis of 313 the petition, an attorney should be appointed,;and shall 314 either: 315 (a)(1)Provide a copy of the petition and notice of hearing 316 to the respondent; the respondent’s parent, guardian, or legal 317 custodian, in the case of a minor; the respondent’s attorney, if 318 known; the petitioner; the respondent’s spouse or guardian, if 319 applicable; and such other persons as the court may direct, and 320 have such petition and notice personally delivered to the 321 respondent if he or she is a minor. The court shall also issue a 322 summons to the person whose admission is sought and conduct a 323 hearing within 10 calendar days. The petitioner, individually or 324 through counsel, may serve the respondent with notice of the 325 petition, summons, and court dates by private process; or 326 (b)(2)Without the appointment of an attorney and, relying 327 solely on the contents of the petition, enter an ex parte order 328 authorizing the involuntary assessment and stabilization of the 329 respondent. The court shall schedule a hearing to be held on any 330 petition for involuntary services filed concurrently with the 331 involuntary assessment and stabilization petition within 10 332 calendar days after the execution of the ex parte order. The 333 court shall: 334 1. Issue a writ of bodily attachment andmayorder a law 335 enforcement agencyofficeror other designated agent of the 336 court to take the respondent into custody and deliver him or her 337 to the nearest appropriate licensed service provider or a 338 licensed service provider designated and ordered by the court; 339 2. Order that if the writ is executed in another county, 340 the respondent shall be taken to the nearest receiving facility 341 within such county; and 342 3. Order the licensed service provider to provide the court 343 an assessment with recommendations indicating any need for 344 services within 48 hours after completion of the assessment. 345 (2) The clerk of the court shall provide the writ of bodily 346 attachment, order, petition, and notice of any scheduled court 347 dates to a local law enforcement agency. The writ of bodily 348 attachment, order, petition, and notice of any scheduled court 349 dates shall be served upon the respondent by the law enforcement 350 agency executing the ex parte order at the time such respondent 351 is taken into custody. Such order shall be in full force and 352 effect for at least 30 calendar days after the date of its 353 execution. If a scheduled hearing to be held on a petition for 354 services, which was filed concurrently pursuant to this section, 355 will not occur due to the respondent not being taken into 356 custody and delivered pursuant to the ex parte order, the court 357 shall amend its order and reschedule the hearing within 10 358 calendar days after the previously scheduled hearing date. The 359 clerk of the court shall provide the amended ex parte order to 360 the law enforcement agency designated by the court. 361 Section 12. Section 397.6818, Florida Statutes, is amended 362 to read: 363 397.6818 Court determination.—At the hearing initiated in 364 accordance with s. 397.6811(1), the court shall hear all 365 relevant testimony. The respondent must be present unless the 366 court has reason to believe that his or her presence is likely 367 to be injurious to him or her, in which event the court shall 368 appoint a guardian advocate to represent the respondent. The 369 respondent has the right to examinationby a court-appointed370qualified professional. After hearing all the evidence, the 371 court shall determine whether there is a reasonable basis to 372 believe the respondent meets the involuntary admission criteria 373 of s. 397.675. 374 (1) Based on its determination, the court shall either 375 dismiss the petition or immediately enter an order authorizing 376 the involuntary assessment and stabilization of the respondent; 377 or, if in the course of the hearing the court has reason to 378 believe that the respondent, due to mental illness other than or 379 in addition to substance abuse impairment, is likely to injure 380 himself or herself or another if allowed to remain at liberty, 381 the court may initiate involuntary proceedings under the 382 provisions of part I of chapter 394. 383 (2) If the court enters an order authorizing involuntary 384 assessment and stabilization, the order shall include the 385 court’s findings with respect to the availability and 386 appropriateness of the least restrictive alternatives and the 387 need for the appointment of an attorney to represent the 388 respondent, and mustmaydesignate the specific licensed service 389 provider to perform the involuntary assessment and stabilization 390 of the respondent. The respondent may choose the licensed 391 service provider to deliver the involuntary assessment when 392wherepossible and appropriate. The court shall make its 393 findings based on records released pursuant to s. 397.501(7), if 394 any, within 7 calendar days after the entry of its order 395 authorizing involuntary assessment and stabilization. 396 (3) Within 10 calendar days after the entry of its order 397 authorizing involuntary assessment and stabilization, the court 398 shall schedule a hearing to be held on a petition for 399 involuntary services to determine if any further proceedings, 400 including an order for such services, are warranted. 401 (4) If the court finds it necessary, it may order any law 402 enforcement agency or the sheriff to take the respondent into 403 custody and deliver him or her to the licensed service provider 404 specified in the court order or, if none is specified, to the 405 nearest appropriate licensed service provider for involuntary 406 assessment. 407(4)The order is valid only for the period specified in the408order or, if a period is not specified, for 7 days after the409order is signed.410 Section 13. Subsection (3) of section 397.6822, Florida 411 Statutes, is amended to read: 412 397.6822 Disposition of individual after involuntary 413 assessment.—Based upon the involuntary assessment, a qualified 414 professional of the hospital, detoxification facility, or 415 addictions receiving facility, or a qualified professional when 416 a less restrictive component has been used, must: 417 (3) Retain the individual when a petition for involuntary 418 servicestreatmenthas been initiated, the timely filing of 419 which authorizes the service provider to retain physical custody 420 of the individual pending further order of the court. 421 422 Adhering to federal confidentiality regulations, notice of 423 disposition must be provided to the petitioner and to the court. 424 Section 14. Section 397.693, Florida Statutes, is amended 425 to read: 426 397.693 Involuntary servicestreatment.—A person may be the 427 subject of a petition for court-ordered involuntary services 428treatmentpursuant to this part, if that person meets the 429 criteria for involuntary admission provided in s. 397.675 and: 430 (1) Has been placed under protective custody pursuant to s. 431 397.677 within the previous 10 calendar days; 432 (2) Has been subject to an emergency admission pursuant to 433 s. 397.679 within the previous 10 calendar days; 434 (3) Has been assessed by a qualified professional within 10 435 calendar5days; 436 (4) Has been subject to involuntary assessment and 437 stabilization pursuant to s. 397.6818 within the previous 12 438 calendar days; or 439 (5) Has been subject to alternative involuntary admission 440 pursuant to s. 397.6822 within the previous 12 calendar days. 441 Section 15. Section 397.695, Florida Statutes, is amended 442 to read: 443 397.695 Involuntary services; persons who may petition.— 444 (1) If the respondent is an adult, a petition for 445 involuntary services may be filed by the respondent’s spouse or 446 legal guardian, any relative, a licensed service provider, or an 447 adult who hasdirectpersonal knowledge of the respondent’s 448 substance abuse impairment and his or her prior course of 449 assessment and servicestreatment. 450 (2) If the respondent is a minor, a petition for 451 involuntary servicestreatmentmay be filed by a parent, legal 452 guardian, or licensed service provider. 453 (3) A licensed service provider may not initiate any 454 proceedings under this chapter unless the licensed service 455 provider files a joint petition with an independent petitioner 456 who has no financial interest in the licensed service provider 457 or unless no other petitioner exists. 458 Section 16. Section 397.6951, Florida Statutes, is amended 459 to read: 460 397.6951 Contents of petition for involuntary services.—A 461 petition for involuntary services must contain the name of the 462 respondent; the name of the petitioner or petitioners; the 463 relationship between the respondent and the petitioner; the name 464 of the respondent’s attorney, if known; the findings and 465 recommendations of the assessment performed by the qualified 466 professional, if known; and the factual allegations presented by 467 the petitioner establishing the need for involuntaryoutpatient468 services. The factual allegations must demonstrate that the 469 respondent: 470 (1) Has lost the power of self-control with respect to 471 substance abuseThe reason for the petitioner’s belief that the472respondent is substance abuse impaired; 473(2)The reason for the petitioner’s belief that because of474such impairment the respondent has lost the power of self475control with respect to substance abuse;and 476 (2)(3)(a) Is in need of substance abuse services and, by 477 reason of substance abuse impairment, his or her judgment has 478 been so impaired that he or she is incapable of appreciating his 479 or her need for such services and of making a rational decision 480 in that regard, although mere refusal to receive such services 481 does not constitute evidence of lack of judgment with respect to 482 his or her need for such servicesThe reason the petitioner483believes that the respondent has inflicted or is likely to484inflict physical harm on himself or herself or others unless the485court orders the involuntary services; or 486 (b) Without care or services, is likely to suffer from 487 neglect or refuse to care for himself or herself; that such 488 neglect or refusal poses a real and present threat of 489 substantial harm to his or her well-being; and that it is not 490 apparent that such harm may be avoided through the help of 491 willing family members or friends or the provision of other 492 services, or there is substantial likelihood that the person has 493 inflicted, or threatened to or attempted to inflict, or, unless 494 admitted, is likely to inflict, physical or emotional harm on 495 himself, herself, or anotherThe reason the petitioner believes496that the respondent’s refusal to voluntarily receive care is497based on judgment so impaired by reason of substance abuse that498the respondent is incapable of appreciating his or her need for499care and of making a rational decision regarding that need for500care. 501 Section 17. Section 397.6955, Florida Statutes, is amended 502 to read: 503 397.6955 Duties of court upon filing of petition for 504 involuntary services.— 505 (1) Upon the filing of a petition for involuntary services, 506 which is not included as part of an initial assessment and 507 stabilization petition, for a substance abuse impaired person 508 with the clerk of the court, the court shall immediately 509 determine whether the respondent is represented by an attorney 510 or whether the appointment of counsel for the respondent is 511 appropriate. If the court appoints counsel for the person, the 512 clerk of the court shall immediately notify the office of 513 criminal conflict and civil regional counsel, created pursuant 514 to s. 27.511, of the appointment. The office of criminal 515 conflict and civil regional counsel shall represent the person 516 until the petition is dismissed, the court order expires, or the 517 person is discharged from involuntary services. An attorney that 518 represents the person named in the petition shall have access to 519 the person, witnesses, and records relevant to the presentation 520 of the person’s case and shall represent the interests of the 521 person, regardless of the source of payment to the attorney. 522 (2) The court shall schedule a hearing to be held on the 523 petition within 5 calendar days unless a continuance is granted. 524 The court may appoint a magistrate to preside at the hearing. 525 (3) A copy of the petition and notice of the hearing must 526 be provided to the respondent; the respondent’s parent, 527 guardian, or legal custodian, in the case of a minor; the 528 respondent’s attorney, if known; the petitioner; the 529 respondent’s spouse or guardian, if applicable; and such other 530 persons as the court may direct. If the respondent is a minor, a 531 copy of the petition and notice of the hearing must be 532 personally delivered to the respondent. The court shall also 533 issue a summons to the person whose admission is sought. The 534 petitioner, individually or through counsel, may serve the 535 respondent with notice of the petition, summons, and court dates 536 by private process. 537 Section 18. Section 397.6957, Florida Statutes, is amended 538 to read: 539 397.6957 Hearing on petition for involuntary services.— 540 (1) At a hearing on a petition for involuntary services, 541 the court shall hear and review all relevant evidence, including 542 the review of results of the assessment completed by the 543 qualified professional in connection with the respondent’s 544 protective custody, emergency admission, involuntary assessment, 545 or alternative involuntary admission. The respondent must be 546 present unless the court finds that his or her presence is 547 likely to be injurious to himself or herself or others, in which 548 event the court must appoint a guardian advocate to act in 549 behalf of the respondent throughout the proceedings. If the 550 respondent fails to appear for the hearing after proper notice, 551 or is unwilling to submit to the court-ordered services, the 552 court may proceed with the hearing and enter an order for 553 services. 554 (2) The petitioner has the burden of proving by clear and 555 convincing evidence that the respondent: 556 (a) Has lost the power of self-control with respect toThe557respondent is substance abuse impaired and has a history of lack558of compliance with treatment forsubstance abuse; and 559 (b)1. Is in need of substance abuse services and, by reason 560 of substance abuse impairment, his or her judgment has been so 561 impaired that he or she is incapable of appreciating his or her 562 need for such services and of making a rational decision in that 563 regard, although mere refusal to receive such services does not 564 constitute evidence of lack of judgment with respect to his or 565 her need for such services; orBecause of such impairment the566respondent is unlikely to voluntarily participate in the567recommended services or is unable to determine for himself or568herself whether services are necessary and:569 2.1.Without care or services,the respondentis likely to 570 suffer from neglect or refuse to care for himself or herself; 571 that such neglect or refusal poses a real and present threat of 572 substantial harm to his or her well-being; and that it is not 573 apparent that such harm may be avoided through the help of 574 willing family members or friends or the provision of other 575 services, orthatthere isasubstantial likelihood thatwithout576servicesthe person has inflicted, or threatened to or attempted 577 to inflict, or, unless admitted, is likely to inflict, physical 578 or emotionalrespondent will cause serious bodilyharm onto579 himself, herself, or anotherin the near future, as evidenced by580recent behavior; or5812.The respondent’s refusal to voluntarily receive care is582based on judgment so impaired by reason of substance abuse that583the respondent is incapable of appreciating his or her need for584care and of making a rational decision regarding that need for585care. 586 (3) AOne of thequalified professionalprofessionalswho 587 executed antheinvoluntary services certificate pursuant to s. 588 397.679 must be a witness. The court shall allow testimony from 589 individuals, including family members, deemed by the court to be 590 relevant under state law, regarding the respondent’s prior 591 history and how that prior history relates to the person’s 592 current condition. The testimony in the hearing must be under 593 oath, and the proceedings must be recorded. The patient may 594 refuse to testify at the hearing. 595 (4) At the conclusion of the hearing the court shall 596 dismiss the petition or order the respondent to receive 597 involuntary services from his or her chosen licensed service 598 provider if possible and appropriate or a licensed service 599 provider designated by the court. The court may, on its own 600 motion or on the motion of any party, schedule a status 601 conference for the purpose of monitoring the respondent’s 602 continued compliance with the court’s order for services. Based 603 upon its findings made after reviewing the records released 604 pursuant to s. 397.501(7), the court may order the designated 605 licensed service provider to provide the court and petitioner or 606 the petitioner’s counsel with a status report of the 607 respondent’s current treatment and compliance with the court 608 order. 609 Section 19. Subsection (1) of section 397.697, Florida 610 Statutes, is amended to read: 611 397.697 Court determination; effect of court order for 612 involuntary services.— 613 (1) When the court finds that the conditions for 614 involuntary services have been proved by clear and convincing 615 evidence, it may order the respondent to receive involuntary 616 services from a publicly funded licensed service provider for a 617 period not to exceed 90 days. The court may also order a 618 respondent to undergo servicestreatmentthrough a privately 619 funded licensed service provider if the respondent has the 620 ability to pay for the servicestreatment, or if any person on 621 the respondent’s behalf voluntarily demonstrates a willingness 622 and an ability to pay for the servicestreatment. If the court 623 finds it necessary, it may direct any law enforcement agency or 624 the sheriff to take the respondent into custody and deliver him 625 or her to the licensed service provider specified in the court 626 order, or to the nearest appropriate licensed service provider, 627 for involuntary services. When the conditions justifying 628 involuntary services no longer exist, the individual must be 629 released as provided in s. 397.6971. When the conditions 630 justifying involuntary services are expected to exist after 90 631 days of services, a renewal of the involuntary services order 632 may be requested pursuant to s. 397.6975 before the end of the 633 90-day period. 634 Section 20. Subsections (1) and (7) of section 397.6975, 635 Florida Statutes, are amended to read: 636 397.6975 Extension of involuntary services period.— 637 (1) Whenever any petitioner or a licensed service provider 638 believes that an individual who is nearing the scheduled date of 639 his or her release from involuntary services continues to meet 640 the criteria for involuntary services in s. 397.693, a petition 641 for renewal of the involuntary services order may be filed with 642 the court at least 10 days before the expiration of the court 643 ordered services period. The court shall immediately schedule a 644 hearing to be held not more than 15 days after filing of the 645 petition. The court shall provide the copy of the petition for 646 renewal and the notice of the hearing to all parties to the 647 proceeding. The hearing is conducted pursuant to s. 397.6957. 648 (7) If the respondent has previously been found incompetent 649 to consent to servicestreatment, the court shall consider 650 testimony and evidence regarding the respondent’s competence. 651 Section 21. This act shall take effect July 1, 2019.