| 9 | 9 | | Page 1 of 57 |
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| 10 | 10 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to mental health and substance abuse; 2 |
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| 16 | 16 | | amending s. 394.455, F.S.; conforming a cross -3 |
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| 17 | 17 | | reference; amending s. 394.459, F.S.; revising review 4 |
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| 18 | 18 | | requirements for specified restrictions relating to a 5 |
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| 19 | 19 | | patient's right to communicate or to receive vis itors; 6 |
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| 20 | 20 | | requiring that a facility provide certain information, 7 |
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| 21 | 21 | | in writing, to patients with a serious mental illness, 8 |
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| 22 | 22 | | upon discharge from the facility; amending s. 394.461, 9 |
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| 23 | 23 | | F.S.; authorizing the state to establish that a 10 |
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| 24 | 24 | | transfer evaluation was performed an d the evaluation 11 |
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| 25 | 25 | | document properly executed by providing the court with 12 |
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| 26 | 26 | | a copy of the evaluation before the close of the 13 |
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| 27 | 27 | | state's case in chief; prohibiting the court from 14 |
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| 28 | 28 | | considering substantive information in the transfer 15 |
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| 29 | 29 | | evaluation unless the evaluator o r current treating 16 |
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| 30 | 30 | | provider testifies at the hearing; requiring a 17 |
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| 31 | 31 | | facility to inform the Department of Children and 18 |
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| 32 | 32 | | Families regarding certain persons examined or 19 |
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| 33 | 33 | | committed at the facility within a specified 20 |
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| 34 | 34 | | timeframe; amending s. 394.462, F.S.; conforming 21 |
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| 35 | 35 | | cross-references; amending s. 394.4625, F.S.; revising 22 |
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| 36 | 36 | | provisions relating to the voluntary admission of 23 |
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| 37 | 37 | | minors to a facility for examination and treatment; 24 |
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| 38 | 38 | | requiring that a minor's assent to voluntary care be 25 |
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| 39 | 39 | | |
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| 46 | 46 | | Page 2 of 57 |
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| 47 | 47 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | verified; amending s. 394.463, F.S.; requirin g law 26 |
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| 52 | 52 | | enforcement officers transporting individuals for 27 |
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| 53 | 53 | | involuntary treatment to take certain actions; 28 |
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| 54 | 54 | | revising requirements for reports relating to 29 |
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| 55 | 55 | | involuntary treatment; revising approval requirements 30 |
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| 56 | 56 | | for release of a patient by a receiving facility; 31 |
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| 57 | 57 | | specifying when the examination period begins for a 32 |
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| 58 | 58 | | patient arriving at a receiving facility; amending s. 33 |
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| 59 | 59 | | 394.467, F.S.; revising requirements for continuances 34 |
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| 60 | 60 | | of hearings; revising the conditions under which a 35 |
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| 61 | 61 | | court may waive the requirement for a patient to be 36 |
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| 62 | 62 | | present at an involuntary inpatient placement hearing; 37 |
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| 63 | 63 | | authorizing the court to permit all witnesses to 38 |
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| 64 | 64 | | attend and testify remotely at the hearing through 39 |
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| 65 | 65 | | certain means under certain circumstances; requiring 40 |
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| 66 | 66 | | facilities to make certain clinical records available 41 |
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| 67 | 67 | | to a state attorney and the respondent's attorney 42 |
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| 68 | 68 | | within a specified timeframe; specifying that such 43 |
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| 69 | 69 | | records remain confidential and may not be used for 44 |
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| 70 | 70 | | certain purposes; revising when the court may appoint 45 |
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| 71 | 71 | | a magistrate; requiring the court to al low certain 46 |
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| 72 | 72 | | testimony from certain individuals; revising the 47 |
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| 73 | 73 | | amount of time a court may require a patient to 48 |
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| 74 | 74 | | receive services; requiring facilities to discharge 49 |
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| 75 | 75 | | patients after the patient no longer meets the 50 |
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| 76 | 76 | | |
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| 83 | 83 | | Page 3 of 57 |
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| 84 | 84 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 85 | 85 | | |
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| 86 | 86 | | |
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| 87 | 87 | | |
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| 88 | 88 | | criteria for involuntary treatment; prohibiting courts 51 |
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| 89 | 89 | | from ordering that individuals with developmental 52 |
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| 90 | 90 | | disabilities be involuntarily placed in a state 53 |
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| 91 | 91 | | treatment facility; making conforming changes; 54 |
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| 92 | 92 | | amending ss. 394.495 and 394.496, F.S.; conforming 55 |
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| 93 | 93 | | provisions to changes made by the act; amending s. 56 |
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| 94 | 94 | | 394.499, F.S.; making a technical change; conforming a 57 |
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| 95 | 95 | | provision to changes made by the act; amending s. 58 |
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| 96 | 96 | | 394.9086; revising meeting requirements of the 59 |
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| 97 | 97 | | Commission on Mental Health and Substance Abuse; 60 |
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| 98 | 98 | | authorizing reimbursement for per diem and travel 61 |
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| 99 | 99 | | expenses for commission members; authorizing the 62 |
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| 100 | 100 | | commission to access certain records; extending the 63 |
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| 101 | 101 | | date by which the commission must submit a certain 64 |
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| 102 | 102 | | interim report to the Governor and Legislature; 65 |
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| 103 | 103 | | amending s. 397.305, F.S.; revising the purpose of ch. 66 |
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| 104 | 104 | | 397, F.S.; amending s. 397.311, F.S.; revising 67 |
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| 105 | 105 | | definitions; creating s. 397.341, F.S.; requiring law 68 |
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| 106 | 106 | | enforcement officers transporting individuals for 69 |
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| 107 | 107 | | treatment to take certain actions; amending s. 70 |
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| 108 | 108 | | 397.501, F.S.; requiring that a facility provide 71 |
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| 109 | 109 | | certain information, in writing, to individuals with 72 |
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| 110 | 110 | | substance use disorders, upon discharge from the 73 |
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| 111 | 111 | | facility; amending s. 397.675, F.S.; including co -74 |
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| 112 | 112 | | occurring substance use disorders as a basis for 75 |
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| 113 | 113 | | |
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| 120 | 120 | | Page 4 of 57 |
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| 121 | 121 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 122 | 122 | | |
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| 123 | 123 | | |
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| 124 | 124 | | |
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| 125 | 125 | | applying criteria for involuntary admissions; amending 76 |
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| 126 | 126 | | s. 397.6751, F.S.; revising the responsibilities of a 77 |
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| 127 | 127 | | service provider; amending s. 397.681, F.S.; revising 78 |
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| 128 | 128 | | where involuntary treatment petitions for substance 79 |
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| 129 | 129 | | abuse impaired persons may be filed; revising what 80 |
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| 130 | 130 | | part of such proceedings a general or special 81 |
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| 131 | 131 | | magistrate may preside over; conforming provisions to 82 |
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| 132 | 132 | | changes made by the act; repealing s. 397.6811, F.S., 83 |
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| 133 | 133 | | relating to involuntary assessment and stabilization; 84 |
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| 134 | 134 | | repealing s. 397.6814, F.S., relating to petitions for 85 |
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| 135 | 135 | | involuntary assessment and stabilization; repealing s. 86 |
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| 136 | 136 | | 397.6815, F.S., relating to involuntary assessment and 87 |
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| 137 | 137 | | stabilization procedures; repealing s. 397.6818, F.S., 88 |
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| 138 | 138 | | relating to court determinations for petitions for 89 |
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| 139 | 139 | | involuntary assessment and stabilization; repealing s. 90 |
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| 140 | 140 | | 397.6819, F.S., relating to the responsi bilities of 91 |
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| 141 | 141 | | licensed service providers with regard to involuntary 92 |
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| 142 | 142 | | assessment and stabilization; repealing s. 397.6821, 93 |
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| 143 | 143 | | F.S., relating to extensions of time for completion of 94 |
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| 144 | 144 | | involuntary assessment and stabilization; repealing s. 95 |
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| 145 | 145 | | 397.6822, F.S., relating to the disposition of 96 |
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| 146 | 146 | | individuals after involuntary assessment; amending s. 97 |
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| 147 | 147 | | 397.693, F.S.; revising the circumstances under which 98 |
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| 148 | 148 | | a person is eligible for court -ordered involuntary 99 |
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| 149 | 149 | | treatment; amending s. 397.695, F.S.; authorizing the 100 |
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| 150 | 150 | | |
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| 157 | 157 | | Page 5 of 57 |
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| 158 | 158 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 159 | 159 | | |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | court or clerk of the c ourt to waive or prohibit any 101 |
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| 163 | 163 | | service of process fees for an indigent petitioner; 102 |
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| 164 | 164 | | amending s. 397.6951, F.S.; revising the requirements 103 |
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| 165 | 165 | | for the contents of a petition for involuntary 104 |
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| 166 | 166 | | treatment services; authorizing a petitioner to 105 |
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| 167 | 167 | | include with the petition a certificate or report of a 106 |
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| 168 | 168 | | qualified professional; requiring the certificate or 107 |
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| 169 | 169 | | report to contain certain information; requiring that 108 |
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| 170 | 170 | | certain additional information be included if an 109 |
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| 171 | 171 | | emergency exists; amending s. 397.6955, F.S.; revising 110 |
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| 172 | 172 | | when a hearing must be held on the petition; requiring 111 |
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| 173 | 173 | | law enforcement agencies to effect service for initial 112 |
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| 174 | 174 | | treatment hearings unless certain requirements are 113 |
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| 175 | 175 | | met; providing requirements for when a petitioner 114 |
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| 176 | 176 | | asserts that emergency circumstances exist or the 115 |
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| 177 | 177 | | court determines that an emergency exists; conforming 116 |
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| 178 | 178 | | provisions to changes made by the act; amending s. 117 |
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| 179 | 179 | | 397.6957, F.S.; expanding the exemption from the 118 |
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| 180 | 180 | | requirement that a respondent be present at a hearing 119 |
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| 181 | 181 | | on a petition for involuntary treatment services; 120 |
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| 182 | 182 | | authorizing the court to order drug tests and permit 121 |
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| 183 | 183 | | all witnesses to remotely attend and testify at the 122 |
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| 184 | 184 | | hearing through certain means; deleting a provision 123 |
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| 185 | 185 | | requiring the court to appoint a guardian advocate 124 |
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| 186 | 186 | | under certain circumstances; prohibiting a respondent 125 |
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| 187 | 187 | | |
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| 194 | 194 | | Page 6 of 57 |
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| 195 | 195 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 196 | 196 | | |
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| 197 | 197 | | |
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| 198 | 198 | | |
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| 199 | 199 | | from being involuntarily ordered into treatment unless 126 |
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| 200 | 200 | | certain requirements are met; providing requirements 127 |
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| 201 | 201 | | relating to involuntary assessment and stabilization 128 |
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| 202 | 202 | | orders; providing requirements relating to involuntary 129 |
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| 203 | 203 | | treatment hearings; requiring that the ass essment of a 130 |
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| 204 | 204 | | respondent occur before a specified time unless 131 |
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| 205 | 205 | | certain requirements are met; requiring the service 132 |
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| 206 | 206 | | provider to discharge the respondent after a specified 133 |
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| 207 | 207 | | time unless certain requirements are met; requiring a 134 |
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| 208 | 208 | | qualified professional to provide copies of his or her 135 |
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| 209 | 209 | | report to the court and all relevant parties and 136 |
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| 210 | 210 | | counsel; providing requirements for the report; 137 |
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| 211 | 211 | | authorizing a court to order certain persons to take a 138 |
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| 212 | 212 | | respondent into custody and transport him or her to or 139 |
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| 213 | 213 | | from certain service provide rs and the court; 140 |
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| 214 | 214 | | authorizing the court to initiate involuntary 141 |
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| 215 | 215 | | proceedings under certain circumstances; requiring 142 |
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| 216 | 216 | | that, if a treatment order is issued, it must include 143 |
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| 217 | 217 | | certain findings; amending s. 397.697, F.S.; requiring 144 |
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| 218 | 218 | | that an individual meet certain requirements to 145 |
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| 219 | 219 | | qualify for involuntary outpatient treatment; 146 |
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| 220 | 220 | | specifying that a service provider's authority is 147 |
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| 221 | 221 | | separate and distinct from the court's jurisdiction; 148 |
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| 222 | 222 | | requiring the department to receive and maintain 149 |
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| 223 | 223 | | copies of certain documents and prepare an nual reports 150 |
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| 224 | 224 | | |
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| 231 | 231 | | Page 7 of 57 |
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| 232 | 232 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 233 | 233 | | |
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| 234 | 234 | | |
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| 235 | 235 | | |
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| 236 | 236 | | obtained from the documents; requiring the department 151 |
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| 237 | 237 | | to post copies of the reports on its website beginning 152 |
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| 238 | 238 | | on a specified date; amending s. 397.6971, F.S.; 153 |
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| 239 | 239 | | revising when an individual receiving involuntary 154 |
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| 240 | 240 | | treatment services may be determine d eligible for 155 |
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| 241 | 241 | | discharge; conforming provisions to changes made by 156 |
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| 242 | 242 | | the act; amending s. 397.6975, F.S.; authorizing 157 |
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| 243 | 243 | | certain entities to file a petition for renewal of 158 |
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| 244 | 244 | | involuntary treatment services; revising the timeframe 159 |
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| 245 | 245 | | during which the court is required to schedule a 160 |
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| 246 | 246 | | hearing; conforming provisions to changes made by the 161 |
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| 247 | 247 | | act; amending s. 397.6977, F.S.; conforming provisions 162 |
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| 248 | 248 | | to changes made by the act; repealing s. 397.6978, 163 |
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| 249 | 249 | | F.S., relating to the appointment of guardian 164 |
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| 250 | 250 | | advocates; amending s. 394.4655, F. S.; conforming a 165 |
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| 251 | | - | cross-reference; providing an appropriation; providing 166 |
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| 252 | | - | an effective date. 167 |
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| 253 | | - | 168 |
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| 254 | | - | Be It Enacted by the Legislature of the State of Florida: 169 |
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| 255 | | - | 170 |
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| 256 | | - | Section 1. Subsection (23) of section 394.455, Florida 171 |
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| 257 | | - | Statutes, is amended to read: 172 |
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| 258 | | - | 394.455 Definitions.—As used in this part, the term: 173 |
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| 259 | | - | (23) "Involuntary examination" means an examination 174 |
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| 260 | | - | performed under s. 394.463, s. 397.6772, s. 397.679, s. 175 |
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| 261 | | - | |
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| 262 | | - | CS/CS/HB 1143 2022 |
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| 263 | | - | |
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| 264 | | - | |
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| 265 | | - | |
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| 266 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 267 | | - | hb1143-02-c2 |
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| 251 | + | cross-reference; providing an effective date. 166 |
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| 252 | + | 167 |
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| 253 | + | Be It Enacted by the Legislature of the State of Florida: 168 |
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| 254 | + | 169 |
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| 255 | + | Section 1. Subsection (23) of section 394.455, Florida 170 |
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| 256 | + | Statutes, is amended to read: 171 |
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| 257 | + | 394.455 Definitions. —As used in this part, the term: 172 |
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| 258 | + | (23) "Involuntary examination" means an examination 173 |
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| 259 | + | performed under s. 394.463, s. 397.6772, s. 397.679, s. 174 |
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| 260 | + | 397.6798, or s. 397.6957 s. 397.6811 to determine whether a 175 |
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| 261 | + | |
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| 262 | + | CS/HB 1143 2022 |
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| 263 | + | |
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| 264 | + | |
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| 265 | + | |
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| 266 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 267 | + | hb1143-01-c1 |
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| 273 | | - | 397.6798, or s. 397.6957 s. 397.6811 to determine whether a 176 |
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| 274 | | - | person qualifies for involuntary services. 177 |
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| 275 | | - | Section 2. Paragraph (c) of subsection (5) and subsection 178 |
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| 276 | | - | (11) of section 394.459, Florida Statutes, are amended to read: 179 |
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| 277 | | - | 394.459 Rights of patients. — 180 |
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| 278 | | - | (5) COMMUNICATION, ABUSE REPORTING, AND VISITS. — 181 |
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| 279 | | - | (c) Each facility must permit immediate access to any 182 |
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| 280 | | - | patient, subject to the patient's right to deny or withdraw 183 |
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| 281 | | - | consent at any time, by the patient's family members, guardian, 184 |
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| 282 | | - | guardian advocate, representative, Florida statewide or local 185 |
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| 283 | | - | advocacy council, or attorney, unless such access would be 186 |
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| 284 | | - | detrimental to the patient. If a patient's right to communicate 187 |
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| 285 | | - | or to receive visitors is restricted by the facility, written 188 |
|---|
| 286 | | - | notice of such restriction and the reasons for the restriction 189 |
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| 287 | | - | shall be served on the patient, the patient's attorney, and the 190 |
|---|
| 288 | | - | patient's guardian, guardian advocate, or representative; and 191 |
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| 289 | | - | such restriction shall be recorded on the patient's clinical 192 |
|---|
| 290 | | - | record with the reasons therefor. The restriction of a patient's 193 |
|---|
| 291 | | - | right to communicate or to receive visitors shall be reviewed at 194 |
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| 292 | | - | least every 72 hours, or no later than the next working day if 195 |
|---|
| 293 | | - | such period ends on a weekend or holiday 7 days. The right to 196 |
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| 294 | | - | communicate or receive visitors shall not be restricted as a 197 |
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| 295 | | - | means of punishment. Nothing in this paragraph shall be 198 |
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| 296 | | - | construed to limit the provisions of paragraph (d). 199 |
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| 297 | | - | (11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE 200 |
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| 298 | | - | |
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| 299 | | - | CS/CS/HB 1143 2022 |
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| 300 | | - | |
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| 301 | | - | |
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| 302 | | - | |
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| 303 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 304 | | - | hb1143-02-c2 |
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| 273 | + | person qualifies for involuntary services. 176 |
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| 274 | + | Section 2. Paragraph (c) of subsection (5) and subsection 177 |
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| 275 | + | (11) of section 394.459, Florida Statutes, are amended to read: 178 |
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| 276 | + | 394.459 Rights of patients. — 179 |
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| 277 | + | (5) COMMUNICATION, ABUSE REPORTING, AND VISITS. — 180 |
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| 278 | + | (c) Each facility must permit immediate access to any 181 |
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| 279 | + | patient, subject to the patient's right to deny or withdraw 182 |
|---|
| 280 | + | consent at any time, by the patient's family members, guardian, 183 |
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| 281 | + | guardian advocate, representative, Florida statewide or local 184 |
|---|
| 282 | + | advocacy council, or attorney, unless such access would be 185 |
|---|
| 283 | + | detrimental to the patient. If a patient's right to communicate 186 |
|---|
| 284 | + | or to receive visitors is restricted by the facility, written 187 |
|---|
| 285 | + | notice of such restriction and the reasons for the restriction 188 |
|---|
| 286 | + | shall be served on the patient, the patient's attorney, and the 189 |
|---|
| 287 | + | patient's guardian, guardian advoc ate, or representative; and 190 |
|---|
| 288 | + | such restriction shall be recorded on the patient's clinical 191 |
|---|
| 289 | + | record with the reasons therefor. The restriction of a patient's 192 |
|---|
| 290 | + | right to communicate or to receive visitors shall be reviewed at 193 |
|---|
| 291 | + | least every 72 hours, or no later tha n the next working day if 194 |
|---|
| 292 | + | such period ends on a weekend or holiday 7 days. The right to 195 |
|---|
| 293 | + | communicate or receive visitors shall not be restricted as a 196 |
|---|
| 294 | + | means of punishment. Nothing in this paragraph shall be 197 |
|---|
| 295 | + | construed to limit the provisions of paragraph (d). 198 |
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| 296 | + | (11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE 199 |
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| 297 | + | PLANNING.— 200 |
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| 298 | + | |
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| 299 | + | CS/HB 1143 2022 |
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| 300 | + | |
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| 301 | + | |
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| 302 | + | |
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| 303 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 304 | + | hb1143-01-c1 |
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| 310 | | - | PLANNING.— 201 |
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| 311 | | - | (a) The patient shall have the opportunity to participate 202 |
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| 312 | | - | in treatment and discharge planning and shall be notified in 203 |
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| 313 | | - | writing of his or her right, upon discha rge from the facility, 204 |
|---|
| 314 | | - | to seek treatment from the professional or agency of the 205 |
|---|
| 315 | | - | patient's choice. 206 |
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| 316 | | - | (b) Upon discharge, the facility must provide, in writing, 207 |
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| 317 | | - | information to a patient with a serious mental illness, at a 208 |
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| 318 | | - | minimum, regarding services availab le in the patient's 209 |
|---|
| 319 | | - | geographic area which would assist in the patient's recovery. 210 |
|---|
| 320 | | - | Section 3. Paragraphs (c) and (d) of subsection (4) of 211 |
|---|
| 321 | | - | section 394.461, Florida Statutes, are redesignated as 212 |
|---|
| 322 | | - | paragraphs (d) and (e), respectively, subsection (2) is amended, 213 |
|---|
| 323 | | - | and a new paragraph (c) is added to subsection (4) of that 214 |
|---|
| 324 | | - | section, to read: 215 |
|---|
| 325 | | - | 394.461 Designation of receiving and treatment facilities 216 |
|---|
| 326 | | - | and receiving systems. —The department is authorized to designate 217 |
|---|
| 327 | | - | and monitor receiving facilities, treatment f acilities, and 218 |
|---|
| 328 | | - | receiving systems and may suspend or withdraw such designation 219 |
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| 329 | | - | for failure to comply with this part and rules adopted under 220 |
|---|
| 330 | | - | this part. Unless designated by the department, facilities are 221 |
|---|
| 331 | | - | not permitted to hold or treat involuntary patients un der this 222 |
|---|
| 332 | | - | part. 223 |
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| 333 | | - | (2) TREATMENT FACILITY. —The department may designate any 224 |
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| 334 | | - | state-owned, state-operated, or state-supported facility as a 225 |
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| 335 | | - | |
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| 336 | | - | CS/CS/HB 1143 2022 |
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| 337 | | - | |
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| 338 | | - | |
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| 339 | | - | |
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| 340 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 341 | | - | hb1143-02-c2 |
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| 310 | + | (a) The patient shall have the opportunity to participate 201 |
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| 311 | + | in treatment and discharge planning and shall be notified in 202 |
|---|
| 312 | + | writing of his or her right, upon discharge from the facility, 203 |
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| 313 | + | to seek treatment from the professional or agency of the 204 |
|---|
| 314 | + | patient's choice. 205 |
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| 315 | + | (b) Upon discharge, the facility must provide, in writing, 206 |
|---|
| 316 | + | information to a patient with a serious mental illness, at a 207 |
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| 317 | + | minimum, regarding services available in the patient's 208 |
|---|
| 318 | + | geographic area which would assist in the patient's recovery. 209 |
|---|
| 319 | + | Section 3. Paragraphs (c) and (d) of subsection (4) of 210 |
|---|
| 320 | + | section 394.461, Florida Statutes, are redesignated as 211 |
|---|
| 321 | + | paragraphs (d) and (e), respectively, subsection (2) is amended, 212 |
|---|
| 322 | + | and a new paragraph (c) is added to subsection (4) of that 213 |
|---|
| 323 | + | section, to read: 214 |
|---|
| 324 | + | 394.461 Designation of receiving and treatment facilities 215 |
|---|
| 325 | + | and receiving systems. —The department is authorized to designate 216 |
|---|
| 326 | + | and monitor receiving facilities, treatment facilities, and 217 |
|---|
| 327 | + | receiving systems and may suspend or withdraw such designation 218 |
|---|
| 328 | + | for failure to comply with this part and rules adopted under 219 |
|---|
| 329 | + | this part. Unless designated by the department, facilities are 220 |
|---|
| 330 | + | not permitted to hold or treat involuntary patients under this 221 |
|---|
| 331 | + | part. 222 |
|---|
| 332 | + | (2) TREATMENT FACILITY.—The department may designate any 223 |
|---|
| 333 | + | state-owned, state-operated, or state-supported facility as a 224 |
|---|
| 334 | + | state treatment facility. A civil patient may shall not be 225 |
|---|
| 335 | + | |
|---|
| 336 | + | CS/HB 1143 2022 |
|---|
| 337 | + | |
|---|
| 338 | + | |
|---|
| 339 | + | |
|---|
| 340 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 341 | + | hb1143-01-c1 |
|---|
| 347 | | - | state treatment facility. A civil patient may shall not be 226 |
|---|
| 348 | | - | admitted to a state treatment facility without previously 227 |
|---|
| 349 | | - | undergoing a transfer evaluation. Before the close of the 228 |
|---|
| 350 | | - | state's case in chief in a court hearing for involuntary 229 |
|---|
| 351 | | - | placement in a state treatment facility , the state may establish 230 |
|---|
| 352 | | - | that the transfer evaluation was performed and the document 231 |
|---|
| 353 | | - | properly executed by providing the court with a copy of the 232 |
|---|
| 354 | | - | transfer evaluation. The court may not court shall receive and 233 |
|---|
| 355 | | - | consider the substantive information documented in the transfer 234 |
|---|
| 356 | | - | evaluation unless the evaluator or current treating provider 235 |
|---|
| 357 | | - | testifies at the hearing . Any other facility, including a 236 |
|---|
| 358 | | - | private facility or a federal facility, may be designated as a 237 |
|---|
| 359 | | - | treatment facility by the department, provided that such 238 |
|---|
| 360 | | - | designation is agreed to by the appropriate governing body or 239 |
|---|
| 361 | | - | authority of the facility. 240 |
|---|
| 362 | | - | (4) REPORTING REQUIREMENTS.— 241 |
|---|
| 363 | | - | (c) The facility must inform the department of any person 242 |
|---|
| 364 | | - | who has been examined or committed three or more times at the 243 |
|---|
| 365 | | - | facility pursuant to this chapter within a 12 -month period. 244 |
|---|
| 366 | | - | Section 4. Section 394.462, Florida Statutes, is amende d 245 |
|---|
| 367 | | - | to read: 246 |
|---|
| 368 | | - | 394.462 Transportation. —A transportation plan shall be 247 |
|---|
| 369 | | - | developed and implemented by each county in collaboration with 248 |
|---|
| 370 | | - | the managing entity in accordance with this section. A county 249 |
|---|
| 371 | | - | may enter into a memorandum of understanding with the governing 250 |
|---|
| 372 | | - | |
|---|
| 373 | | - | CS/CS/HB 1143 2022 |
|---|
| 374 | | - | |
|---|
| 375 | | - | |
|---|
| 376 | | - | |
|---|
| 377 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 378 | | - | hb1143-02-c2 |
|---|
| 347 | + | admitted to a state treatment facility without previously 226 |
|---|
| 348 | + | undergoing a transfer evaluation. B efore the close of the 227 |
|---|
| 349 | + | state's case in chief in a court hearing for involuntary 228 |
|---|
| 350 | + | placement in a state treatment facility , the state may establish 229 |
|---|
| 351 | + | that the transfer evaluation was performed and the document 230 |
|---|
| 352 | + | properly executed by providing the court with a cop y of the 231 |
|---|
| 353 | + | transfer evaluation. The court may not court shall receive and 232 |
|---|
| 354 | + | consider the substantive information documented in the transfer 233 |
|---|
| 355 | + | evaluation unless the evaluator or current treating provider 234 |
|---|
| 356 | + | testifies at the hearing . Any other facility, including a 235 |
|---|
| 357 | + | private facility or a federal facility, may be designated as a 236 |
|---|
| 358 | + | treatment facility by the department, provided that such 237 |
|---|
| 359 | + | designation is agreed to by the appropriate governing body or 238 |
|---|
| 360 | + | authority of the facility. 239 |
|---|
| 361 | + | (4) REPORTING REQUIREMENTS. — 240 |
|---|
| 362 | + | (c) The facility must inform the department of any person 241 |
|---|
| 363 | + | who has been examined or committed three or more times at the 242 |
|---|
| 364 | + | facility pursuant to this chapter within a 12 -month period. 243 |
|---|
| 365 | + | Section 4. Section 394.462, Florida Statutes, is amended 244 |
|---|
| 366 | + | to read: 245 |
|---|
| 367 | + | 394.462 Transportat ion.—A transportation plan shall be 246 |
|---|
| 368 | + | developed and implemented by each county in collaboration with 247 |
|---|
| 369 | + | the managing entity in accordance with this section. A county 248 |
|---|
| 370 | + | may enter into a memorandum of understanding with the governing 249 |
|---|
| 371 | + | boards of nearby counties to es tablish a shared transportation 250 |
|---|
| 372 | + | |
|---|
| 373 | + | CS/HB 1143 2022 |
|---|
| 374 | + | |
|---|
| 375 | + | |
|---|
| 376 | + | |
|---|
| 377 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 378 | + | hb1143-01-c1 |
|---|
| 384 | | - | boards of nearby counties to establish a shared transportation 251 |
|---|
| 385 | | - | plan. When multiple counties enter into a memorandum of 252 |
|---|
| 386 | | - | understanding for this purpose, the counties shall notify the 253 |
|---|
| 387 | | - | managing entity and provide it with a copy of the agreement. The 254 |
|---|
| 388 | | - | transportation plan shall describe methods of transport to a 255 |
|---|
| 389 | | - | facility within the designated receiving system for individuals 256 |
|---|
| 390 | | - | subject to involuntary examination under s. 394.463 or 257 |
|---|
| 391 | | - | involuntary admission under s. 397.6772, s. 397.679, s. 258 |
|---|
| 392 | | - | 397.6798, or s. 397.6957 s. 397.6811, and may identify 259 |
|---|
| 393 | | - | responsibility for other transportation to a participating 260 |
|---|
| 394 | | - | facility when necessary and agreed to by the facility. The plan 261 |
|---|
| 395 | | - | may rely on emergency medical transport services or private 262 |
|---|
| 396 | | - | transport companies, as appropriate. The plan shall comply with 263 |
|---|
| 397 | | - | the transportation provisions of this section and ss. 397.6772, 264 |
|---|
| 398 | | - | 397.6795, 397.6822, and 397.697. 265 |
|---|
| 399 | | - | (1) TRANSPORTATION TO A RECEIVING FACILITY. — 266 |
|---|
| 400 | | - | (a) Each county shall designate a single law enforcement 267 |
|---|
| 401 | | - | agency within the county, or portio ns thereof, to take a person 268 |
|---|
| 402 | | - | into custody upon the entry of an ex parte order or the 269 |
|---|
| 403 | | - | execution of a certificate for involuntary examination by an 270 |
|---|
| 404 | | - | authorized professional and to transport that person to the 271 |
|---|
| 405 | | - | appropriate facility within the designated receivi ng system 272 |
|---|
| 406 | | - | pursuant to a transportation plan. 273 |
|---|
| 407 | | - | (b)1. The designated law enforcement agency may decline to 274 |
|---|
| 408 | | - | transport the person to a receiving facility only if: 275 |
|---|
| 409 | | - | |
|---|
| 410 | | - | CS/CS/HB 1143 2022 |
|---|
| 411 | | - | |
|---|
| 412 | | - | |
|---|
| 413 | | - | |
|---|
| 414 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 415 | | - | hb1143-02-c2 |
|---|
| 384 | + | plan. When multiple counties enter into a memorandum of 251 |
|---|
| 385 | + | understanding for this purpose, the counties shall notify the 252 |
|---|
| 386 | + | managing entity and provide it with a copy of the agreement. The 253 |
|---|
| 387 | + | transportation plan shall describe method s of transport to a 254 |
|---|
| 388 | + | facility within the designated receiving system for individuals 255 |
|---|
| 389 | + | subject to involuntary examination under s. 394.463 or 256 |
|---|
| 390 | + | involuntary admission under s. 397.6772, s. 397.679, s. 257 |
|---|
| 391 | + | 397.6798, or s. 397.6957 s. 397.6811, and may identify 258 |
|---|
| 392 | + | responsibility for other transportation to a participating 259 |
|---|
| 393 | + | facility when necessary and agreed to by the facility. The plan 260 |
|---|
| 394 | + | may rely on emergency medical transport services or private 261 |
|---|
| 395 | + | transport companies, as appropriate. The plan shall com ply with 262 |
|---|
| 396 | + | the transportation provisions of this section and ss. 397.6772, 263 |
|---|
| 397 | + | 397.6795, 397.6822, and 397.697. 264 |
|---|
| 398 | + | (1) TRANSPORTATION TO A RECEIVING FACILITY. — 265 |
|---|
| 399 | + | (a) Each county shall designate a single law enforcement 266 |
|---|
| 400 | + | agency within the county, or portions thereo f, to take a person 267 |
|---|
| 401 | + | into custody upon the entry of an ex parte order or the 268 |
|---|
| 402 | + | execution of a certificate for involuntary examination by an 269 |
|---|
| 403 | + | authorized professional and to transport that person to the 270 |
|---|
| 404 | + | appropriate facility within the designated receiving system 271 |
|---|
| 405 | + | pursuant to a transportation plan. 272 |
|---|
| 406 | + | (b)1. The designated law enforcement agency may decline to 273 |
|---|
| 407 | + | transport the person to a receiving facility only if: 274 |
|---|
| 408 | + | a. The jurisdiction designated by the county has 275 |
|---|
| 409 | + | |
|---|
| 410 | + | CS/HB 1143 2022 |
|---|
| 411 | + | |
|---|
| 412 | + | |
|---|
| 413 | + | |
|---|
| 414 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 415 | + | hb1143-01-c1 |
|---|
| 421 | | - | a. The jurisdiction designated by the county has 276 |
|---|
| 422 | | - | contracted on an annual basis with an emergen cy medical 277 |
|---|
| 423 | | - | transport service or private transport company for 278 |
|---|
| 424 | | - | transportation of persons to receiving facilities pursuant to 279 |
|---|
| 425 | | - | this section at the sole cost of the county; and 280 |
|---|
| 426 | | - | b. The law enforcement agency and the emergency medical 281 |
|---|
| 427 | | - | transport service or priv ate transport company agree that the 282 |
|---|
| 428 | | - | continued presence of law enforcement personnel is not necessary 283 |
|---|
| 429 | | - | for the safety of the person or others. 284 |
|---|
| 430 | | - | 2. The entity providing transportation may seek 285 |
|---|
| 431 | | - | reimbursement for transportation expenses. The party responsible 286 |
|---|
| 432 | | - | for payment for such transportation is the person receiving the 287 |
|---|
| 433 | | - | transportation. The county shall seek reimbursement from the 288 |
|---|
| 434 | | - | following sources in the following order: 289 |
|---|
| 435 | | - | a. From a private or public third -party payor, if the 290 |
|---|
| 436 | | - | person receiving the transportat ion has applicable coverage. 291 |
|---|
| 437 | | - | b. From the person receiving the transportation. 292 |
|---|
| 438 | | - | c. From a financial settlement for medical care, 293 |
|---|
| 439 | | - | treatment, hospitalization, or transportation payable or 294 |
|---|
| 440 | | - | accruing to the injured party. 295 |
|---|
| 441 | | - | (c) A company that transports a pat ient pursuant to this 296 |
|---|
| 442 | | - | subsection is considered an independent contractor and is solely 297 |
|---|
| 443 | | - | liable for the safe and dignified transport of the patient. Such 298 |
|---|
| 444 | | - | company must be insured and provide no less than $100,000 in 299 |
|---|
| 445 | | - | liability insurance with respect to the tra nsport of patients. 300 |
|---|
| 446 | | - | |
|---|
| 447 | | - | CS/CS/HB 1143 2022 |
|---|
| 448 | | - | |
|---|
| 449 | | - | |
|---|
| 450 | | - | |
|---|
| 451 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 452 | | - | hb1143-02-c2 |
|---|
| 421 | + | contracted on an annual basis with an emergency medica l 276 |
|---|
| 422 | + | transport service or private transport company for 277 |
|---|
| 423 | + | transportation of persons to receiving facilities pursuant to 278 |
|---|
| 424 | + | this section at the sole cost of the county; and 279 |
|---|
| 425 | + | b. The law enforcement agency and the emergency medical 280 |
|---|
| 426 | + | transport service or private trans port company agree that the 281 |
|---|
| 427 | + | continued presence of law enforcement personnel is not necessary 282 |
|---|
| 428 | + | for the safety of the person or others. 283 |
|---|
| 429 | + | 2. The entity providing transportation may seek 284 |
|---|
| 430 | + | reimbursement for transportation expenses. The party responsible 285 |
|---|
| 431 | + | for payment for such transportation is the person receiving the 286 |
|---|
| 432 | + | transportation. The county shall seek reimbursement from the 287 |
|---|
| 433 | + | following sources in the following order: 288 |
|---|
| 434 | + | a. From a private or public third -party payor, if the 289 |
|---|
| 435 | + | person receiving the transportation has a pplicable coverage. 290 |
|---|
| 436 | + | b. From the person receiving the transportation. 291 |
|---|
| 437 | + | c. From a financial settlement for medical care, 292 |
|---|
| 438 | + | treatment, hospitalization, or transportation payable or 293 |
|---|
| 439 | + | accruing to the injured party. 294 |
|---|
| 440 | + | (c) A company that transports a patient purs uant to this 295 |
|---|
| 441 | + | subsection is considered an independent contractor and is solely 296 |
|---|
| 442 | + | liable for the safe and dignified transport of the patient. Such 297 |
|---|
| 443 | + | company must be insured and provide no less than $100,000 in 298 |
|---|
| 444 | + | liability insurance with respect to the transport of patients. 299 |
|---|
| 445 | + | (d) Any company that contracts with a governing board of a 300 |
|---|
| 446 | + | |
|---|
| 447 | + | CS/HB 1143 2022 |
|---|
| 448 | + | |
|---|
| 449 | + | |
|---|
| 450 | + | |
|---|
| 451 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 452 | + | hb1143-01-c1 |
|---|
| 458 | | - | (d) Any company that contracts with a governing board of a 301 |
|---|
| 459 | | - | county to transport patients shall comply with the applicable 302 |
|---|
| 460 | | - | rules of the department to ensure the safety and dignity of 303 |
|---|
| 461 | | - | patients. 304 |
|---|
| 462 | | - | (e) When a law enforcement officer takes custody of a 305 |
|---|
| 463 | | - | person pursuant to this part, the officer may request assistance 306 |
|---|
| 464 | | - | from emergency medical personnel if such assistance is needed 307 |
|---|
| 465 | | - | for the safety of the officer or the person in custody. 308 |
|---|
| 466 | | - | (f) When a member of a mental health overlay program or a 309 |
|---|
| 467 | | - | mobile crisis response service is a professional authorized to 310 |
|---|
| 468 | | - | initiate an involuntary examination pursuant to s. 394.463 or s. 311 |
|---|
| 469 | | - | 397.675 and that professional evaluates a person and determines 312 |
|---|
| 470 | | - | that transportation to a receiving facility is needed, the 313 |
|---|
| 471 | | - | service, at its discretion, may transport the person to the 314 |
|---|
| 472 | | - | facility or may call on the law enforcement agency or other 315 |
|---|
| 473 | | - | transportation arrangement best suited to the needs of the 316 |
|---|
| 474 | | - | patient. 317 |
|---|
| 475 | | - | (g) When any law enforcement officer has custody of a 318 |
|---|
| 476 | | - | person based on either noncriminal or minor criminal behavior 319 |
|---|
| 477 | | - | that meets the statutory guidelines for involuntary examination 320 |
|---|
| 478 | | - | pursuant to s. 394.463, the law enforcement officer shall 321 |
|---|
| 479 | | - | transport the person to the appropriate facility within the 322 |
|---|
| 480 | | - | designated receiving system p ursuant to a transportation plan. 323 |
|---|
| 481 | | - | Persons who meet the statutory guidelines for involuntary 324 |
|---|
| 482 | | - | admission pursuant to s. 397.675 may also be transported by law 325 |
|---|
| 483 | | - | |
|---|
| 484 | | - | CS/CS/HB 1143 2022 |
|---|
| 485 | | - | |
|---|
| 486 | | - | |
|---|
| 487 | | - | |
|---|
| 488 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 489 | | - | hb1143-02-c2 |
|---|
| 458 | + | county to transport patients shall comply with the applicable 301 |
|---|
| 459 | + | rules of the department to ensure the safety and dignity of 302 |
|---|
| 460 | + | patients. 303 |
|---|
| 461 | + | (e) When a law enforcement officer takes custody o f a 304 |
|---|
| 462 | + | person pursuant to this part, the officer may request assistance 305 |
|---|
| 463 | + | from emergency medical personnel if such assistance is needed 306 |
|---|
| 464 | + | for the safety of the officer or the person in custody. 307 |
|---|
| 465 | + | (f) When a member of a mental health overlay program or a 308 |
|---|
| 466 | + | mobile crisis response service is a professional authorized to 309 |
|---|
| 467 | + | initiate an involuntary examination pursuant to s. 394.463 or s. 310 |
|---|
| 468 | + | 397.675 and that professional evaluates a person and determines 311 |
|---|
| 469 | + | that transportation to a receiving facility is needed, the 312 |
|---|
| 470 | + | service, at its discretion, may transport the person to the 313 |
|---|
| 471 | + | facility or may call on the law enforcement agency or other 314 |
|---|
| 472 | + | transportation arrangement best suited to the needs of the 315 |
|---|
| 473 | + | patient. 316 |
|---|
| 474 | + | (g) When any law enforcement officer has custody of a 317 |
|---|
| 475 | + | person based on either non criminal or minor criminal behavior 318 |
|---|
| 476 | + | that meets the statutory guidelines for involuntary examination 319 |
|---|
| 477 | + | pursuant to s. 394.463, the law enforcement officer shall 320 |
|---|
| 478 | + | transport the person to the appropriate facility within the 321 |
|---|
| 479 | + | designated receiving system pursuant t o a transportation plan. 322 |
|---|
| 480 | + | Persons who meet the statutory guidelines for involuntary 323 |
|---|
| 481 | + | admission pursuant to s. 397.675 may also be transported by law 324 |
|---|
| 482 | + | enforcement officers to the extent resources are available and 325 |
|---|
| 483 | + | |
|---|
| 484 | + | CS/HB 1143 2022 |
|---|
| 485 | + | |
|---|
| 486 | + | |
|---|
| 487 | + | |
|---|
| 488 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 489 | + | hb1143-01-c1 |
|---|
| 495 | | - | enforcement officers to the extent resources are available and 326 |
|---|
| 496 | | - | as otherwise provided by law. Such pe rsons shall be transported 327 |
|---|
| 497 | | - | to an appropriate facility within the designated receiving 328 |
|---|
| 498 | | - | system pursuant to a transportation plan. 329 |
|---|
| 499 | | - | (h) When any law enforcement officer has arrested a person 330 |
|---|
| 500 | | - | for a felony and it appears that the person meets the statutory 331 |
|---|
| 501 | | - | guidelines for involuntary examination or placement under this 332 |
|---|
| 502 | | - | part, such person must first be processed in the same manner as 333 |
|---|
| 503 | | - | any other criminal suspect. The law enforcement agency shall 334 |
|---|
| 504 | | - | thereafter immediately notify the appropriate facility within 335 |
|---|
| 505 | | - | the designated receiving system pursuant to a transportation 336 |
|---|
| 506 | | - | plan. The receiving facility shall be responsible for promptly 337 |
|---|
| 507 | | - | arranging for the examination and treatment of the person. A 338 |
|---|
| 508 | | - | receiving facility is not required to admit a person charged 339 |
|---|
| 509 | | - | with a crime for whom the facility determines and documents that 340 |
|---|
| 510 | | - | it is unable to provide adequate security, but shall provide 341 |
|---|
| 511 | | - | examination and treatment to the person where he or she is held. 342 |
|---|
| 512 | | - | (i) If the appropriate law enforcement officer believes 343 |
|---|
| 513 | | - | that a person has an emerg ency medical condition as defined in 344 |
|---|
| 514 | | - | s. 395.002, the person may be first transported to a hospital 345 |
|---|
| 515 | | - | for emergency medical treatment, regardless of whether the 346 |
|---|
| 516 | | - | hospital is a designated receiving facility. 347 |
|---|
| 517 | | - | (j) The costs of transportation, evaluation, 348 |
|---|
| 518 | | - | hospitalization, and treatment incurred under this subsection by 349 |
|---|
| 519 | | - | persons who have been arrested for violations of any state law 350 |
|---|
| 520 | | - | |
|---|
| 521 | | - | CS/CS/HB 1143 2022 |
|---|
| 522 | | - | |
|---|
| 523 | | - | |
|---|
| 524 | | - | |
|---|
| 525 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 526 | | - | hb1143-02-c2 |
|---|
| 495 | + | as otherwise provided by law. Such persons sha ll be transported 326 |
|---|
| 496 | + | to an appropriate facility within the designated receiving 327 |
|---|
| 497 | + | system pursuant to a transportation plan. 328 |
|---|
| 498 | + | (h) When any law enforcement officer has arrested a person 329 |
|---|
| 499 | + | for a felony and it appears that the person meets the statutory 330 |
|---|
| 500 | + | guidelines for involuntary examination or placement under this 331 |
|---|
| 501 | + | part, such person must first be processed in the same manner as 332 |
|---|
| 502 | + | any other criminal suspect. The law enforcement agency shall 333 |
|---|
| 503 | + | thereafter immediately notify the appropriate facility within 334 |
|---|
| 504 | + | the designated receiving system pursuant to a transportation 335 |
|---|
| 505 | + | plan. The receiving facility shall be responsible for promptly 336 |
|---|
| 506 | + | arranging for the examination and treatment of the person. A 337 |
|---|
| 507 | + | receiving facility is not required to admit a person charged 338 |
|---|
| 508 | + | with a crime for whom the fa cility determines and documents that 339 |
|---|
| 509 | + | it is unable to provide adequate security, but shall provide 340 |
|---|
| 510 | + | examination and treatment to the person where he or she is held. 341 |
|---|
| 511 | + | (i) If the appropriate law enforcement officer believes 342 |
|---|
| 512 | + | that a person has an emergency medi cal condition as defined in 343 |
|---|
| 513 | + | s. 395.002, the person may be first transported to a hospital 344 |
|---|
| 514 | + | for emergency medical treatment, regardless of whether the 345 |
|---|
| 515 | + | hospital is a designated receiving facility. 346 |
|---|
| 516 | + | (j) The costs of transportation, evaluation, 347 |
|---|
| 517 | + | hospitalization, and treatment incurred under this subsection by 348 |
|---|
| 518 | + | persons who have been arrested for violations of any state law 349 |
|---|
| 519 | + | or county or municipal ordinance may be recovered as provided in 350 |
|---|
| 520 | + | |
|---|
| 521 | + | CS/HB 1143 2022 |
|---|
| 522 | + | |
|---|
| 523 | + | |
|---|
| 524 | + | |
|---|
| 525 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 526 | + | hb1143-01-c1 |
|---|
| 532 | | - | or county or municipal ordinance may be recovered as provided in 351 |
|---|
| 533 | | - | s. 901.35. 352 |
|---|
| 534 | | - | (k) The appropriate facility within the designated 353 |
|---|
| 535 | | - | receiving system pursuant to a transportation plan must accept 354 |
|---|
| 536 | | - | persons brought by law enforcement officers, or an emergency 355 |
|---|
| 537 | | - | medical transport service or a private transport company 356 |
|---|
| 538 | | - | authorized by the county, for involuntary examination pursuant 357 |
|---|
| 539 | | - | to s. 394.463. 358 |
|---|
| 540 | | - | (l) The appropriate facility within the designated 359 |
|---|
| 541 | | - | receiving system pursuant to a transportation plan must provide 360 |
|---|
| 542 | | - | persons brought by law enforcement officers, or an emergency 361 |
|---|
| 543 | | - | medical transport service or a private transport company 362 |
|---|
| 544 | | - | authorized by the count y, pursuant to s. 397.675, a basic 363 |
|---|
| 545 | | - | screening or triage sufficient to refer the person to the 364 |
|---|
| 546 | | - | appropriate services. 365 |
|---|
| 547 | | - | (m) Each law enforcement agency designated pursuant to 366 |
|---|
| 548 | | - | paragraph (a) shall establish a policy that reflects a single 367 |
|---|
| 549 | | - | set of protocols for t he safe and secure transportation and 368 |
|---|
| 550 | | - | transfer of custody of the person. Each law enforcement agency 369 |
|---|
| 551 | | - | shall provide a copy of the protocols to the managing entity. 370 |
|---|
| 552 | | - | (n) When a jurisdiction has entered into a contract with 371 |
|---|
| 553 | | - | an emergency medical transport service or a private transport 372 |
|---|
| 554 | | - | company for transportation of persons to facilities within the 373 |
|---|
| 555 | | - | designated receiving system, such service or company shall be 374 |
|---|
| 556 | | - | given preference for transportation of persons from nursing 375 |
|---|
| 557 | | - | |
|---|
| 558 | | - | CS/CS/HB 1143 2022 |
|---|
| 559 | | - | |
|---|
| 560 | | - | |
|---|
| 561 | | - | |
|---|
| 562 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 563 | | - | hb1143-02-c2 |
|---|
| 532 | + | s. 901.35. 351 |
|---|
| 533 | + | (k) The appropriate facility within the designated 352 |
|---|
| 534 | + | receiving system pursuant to a transportation plan must accept 353 |
|---|
| 535 | + | persons brought by law enforcement officers, or an emergency 354 |
|---|
| 536 | + | medical transport service or a private transport company 355 |
|---|
| 537 | + | authorized by the county, for involuntary examination pursuant 356 |
|---|
| 538 | + | to s. 394.463. 357 |
|---|
| 539 | + | (l) The appropriate facility within the designated 358 |
|---|
| 540 | + | receiving system pursuant to a transportation plan must provide 359 |
|---|
| 541 | + | persons brought by law enforcement officers, or an emergency 360 |
|---|
| 542 | + | medical transport service or a private transport company 361 |
|---|
| 543 | + | authorized by the county, pursua nt to s. 397.675, a basic 362 |
|---|
| 544 | + | screening or triage sufficient to refer the person to the 363 |
|---|
| 545 | + | appropriate services. 364 |
|---|
| 546 | + | (m) Each law enforcement agency designated pursuant to 365 |
|---|
| 547 | + | paragraph (a) shall establish a policy that reflects a single 366 |
|---|
| 548 | + | set of protocols for the safe a nd secure transportation and 367 |
|---|
| 549 | + | transfer of custody of the person. Each law enforcement agency 368 |
|---|
| 550 | + | shall provide a copy of the protocols to the managing entity. 369 |
|---|
| 551 | + | (n) When a jurisdiction has entered into a contract with 370 |
|---|
| 552 | + | an emergency medical transport service or a private transport 371 |
|---|
| 553 | + | company for transportation of persons to facilities within the 372 |
|---|
| 554 | + | designated receiving system, such service or company shall be 373 |
|---|
| 555 | + | given preference for transportation of persons from nursing 374 |
|---|
| 556 | + | homes, assisted living facilities, adult day care centers, or 375 |
|---|
| 557 | + | |
|---|
| 558 | + | CS/HB 1143 2022 |
|---|
| 559 | + | |
|---|
| 560 | + | |
|---|
| 561 | + | |
|---|
| 562 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 563 | + | hb1143-01-c1 |
|---|
| 569 | | - | homes, assisted living facilities, adult day care centers, or 376 |
|---|
| 570 | | - | adult family-care homes, unless the behavior of the person being 377 |
|---|
| 571 | | - | transported is such that transportation by a law enforcement 378 |
|---|
| 572 | | - | officer is necessary. 379 |
|---|
| 573 | | - | (o) This section may not be construed to limit emergency 380 |
|---|
| 574 | | - | examination and treatment of incapacitated persons provided in 381 |
|---|
| 575 | | - | accordance with s. 401.445. 382 |
|---|
| 576 | | - | (2) TRANSPORTATION TO A TREATMENT FACILITY. — 383 |
|---|
| 577 | | - | (a) If neither the patient nor any person legally 384 |
|---|
| 578 | | - | obligated or responsible for the patient is able to pay for the 385 |
|---|
| 579 | | - | expense of transporting a voluntary or involuntary patient to a 386 |
|---|
| 580 | | - | treatment facility, the transportation plan established by the 387 |
|---|
| 581 | | - | governing board of the county or counties must specify how the 388 |
|---|
| 582 | | - | hospitalized patient will be transported to, from, and between 389 |
|---|
| 583 | | - | facilities in a safe and dignified manner. 390 |
|---|
| 584 | | - | (b) A company that transports a patient pursuant to this 391 |
|---|
| 585 | | - | subsection is considered an independent contractor and is solely 392 |
|---|
| 586 | | - | liable for the safe and dignifie d transportation of the patient. 393 |
|---|
| 587 | | - | Such company must be insured and provide no less than $100,000 394 |
|---|
| 588 | | - | in liability insurance with respect to the transport of 395 |
|---|
| 589 | | - | patients. 396 |
|---|
| 590 | | - | (c) A company that contracts with one or more counties to 397 |
|---|
| 591 | | - | transport patients in accordance w ith this section shall comply 398 |
|---|
| 592 | | - | with the applicable rules of the department to ensure the safety 399 |
|---|
| 593 | | - | and dignity of patients. 400 |
|---|
| 594 | | - | |
|---|
| 595 | | - | CS/CS/HB 1143 2022 |
|---|
| 596 | | - | |
|---|
| 597 | | - | |
|---|
| 598 | | - | |
|---|
| 599 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 600 | | - | hb1143-02-c2 |
|---|
| 569 | + | adult family-care homes, unless the behavior of the person being 376 |
|---|
| 570 | + | transported is such that transportation by a law enforcement 377 |
|---|
| 571 | + | officer is necessary. 378 |
|---|
| 572 | + | (o) This section may not be construed to limit emergency 379 |
|---|
| 573 | + | examination and treatment of incapacitated persons provided in 380 |
|---|
| 574 | + | accordance with s. 401.445. 381 |
|---|
| 575 | + | (2) TRANSPORTATION TO A TREATMENT FACILITY. — 382 |
|---|
| 576 | + | (a) If neither the patient nor any person legally 383 |
|---|
| 577 | + | obligated or responsible for the patient is able to pay for the 384 |
|---|
| 578 | + | expense of transporting a voluntary or involuntary patient to a 385 |
|---|
| 579 | + | treatment facility, the transportation plan established by the 386 |
|---|
| 580 | + | governing board of the county or counties must specify how the 387 |
|---|
| 581 | + | hospitalized patient will be transported to, from, and between 388 |
|---|
| 582 | + | facilities in a safe and dignified manner. 389 |
|---|
| 583 | + | (b) A company that transports a patient pursuant to this 390 |
|---|
| 584 | + | subsection is considered an independent contractor and is solely 391 |
|---|
| 585 | + | liable for the safe and dignifie d transportation of the patient. 392 |
|---|
| 586 | + | Such company must be insured and provide no less than $100,000 393 |
|---|
| 587 | + | in liability insurance with respect to the transport of 394 |
|---|
| 588 | + | patients. 395 |
|---|
| 589 | + | (c) A company that contracts with one or more counties to 396 |
|---|
| 590 | + | transport patients in accordance w ith this section shall comply 397 |
|---|
| 591 | + | with the applicable rules of the department to ensure the safety 398 |
|---|
| 592 | + | and dignity of patients. 399 |
|---|
| 593 | + | (d) County or municipal law enforcement and correctional 400 |
|---|
| 594 | + | |
|---|
| 595 | + | CS/HB 1143 2022 |
|---|
| 596 | + | |
|---|
| 597 | + | |
|---|
| 598 | + | |
|---|
| 599 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 600 | + | hb1143-01-c1 |
|---|
| 606 | | - | (d) County or municipal law enforcement and correctional 401 |
|---|
| 607 | | - | personnel and equipment may not be used to transport patients 402 |
|---|
| 608 | | - | adjudicated incapacitated or found by the court to meet the 403 |
|---|
| 609 | | - | criteria for involuntary placement pursuant to s. 394.467, 404 |
|---|
| 610 | | - | except in small rural counties where there are no cost -efficient 405 |
|---|
| 611 | | - | alternatives. 406 |
|---|
| 612 | | - | (3) TRANSFER OF CUSTODY. —Custody of a person who is 407 |
|---|
| 613 | | - | transported pursuant to this part, along with related 408 |
|---|
| 614 | | - | documentation, shall be relinquished to a responsible individual 409 |
|---|
| 615 | | - | at the appropriate receiving or treatment facility. 410 |
|---|
| 616 | | - | Section 5. Paragraph (a) of subsection (1) and subsection 411 |
|---|
| 617 | | - | (4) of section 394.4625, Florida Statutes, are amended to read: 412 |
|---|
| 618 | | - | 394.4625 Voluntary admissions. — 413 |
|---|
| 619 | | - | (1) AUTHORITY TO RECEIVE PATIENTS. — 414 |
|---|
| 620 | | - | (a) A facility may receive for observation, diagnosis, or 415 |
|---|
| 621 | | - | treatment any person 18 years of age or older who applies making 416 |
|---|
| 622 | | - | application by express and informed c onsent for admission or any 417 |
|---|
| 623 | | - | person age 17 or under whose parent or legal guardian applies 418 |
|---|
| 624 | | - | for admission whom such application is made by his or her 419 |
|---|
| 625 | | - | guardian. If found to show evidence of mental illness, to be 420 |
|---|
| 626 | | - | competent to provide express and informed conse nt, and to be 421 |
|---|
| 627 | | - | suitable for treatment, such person 18 years of age or older may 422 |
|---|
| 628 | | - | be admitted to the facility. A person age 17 or under may be 423 |
|---|
| 629 | | - | admitted only after a clinical review hearing to verify the 424 |
|---|
| 630 | | - | voluntariness of the minor's assent consent. 425 |
|---|
| 631 | | - | |
|---|
| 632 | | - | CS/CS/HB 1143 2022 |
|---|
| 633 | | - | |
|---|
| 634 | | - | |
|---|
| 635 | | - | |
|---|
| 636 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 637 | | - | hb1143-02-c2 |
|---|
| 606 | + | personnel and equipment may not be used to transport patients 401 |
|---|
| 607 | + | adjudicated incapacitated or found by the court to meet the 402 |
|---|
| 608 | + | criteria for involuntary placement pursuant to s. 394.467, 403 |
|---|
| 609 | + | except in small rural counties where there are no cost -efficient 404 |
|---|
| 610 | + | alternatives. 405 |
|---|
| 611 | + | (3) TRANSFER OF CUSTODY. —Custody of a person who is 406 |
|---|
| 612 | + | transported pursuant to this part, along with related 407 |
|---|
| 613 | + | documentation, shall be relinquished to a responsible individual 408 |
|---|
| 614 | + | at the appropriate receiving or treatment facility. 409 |
|---|
| 615 | + | Section 5. Paragraph (a) of subsection (1) and subsection 410 |
|---|
| 616 | + | (4) of section 394.4625, Florida Statutes, are amended to read: 411 |
|---|
| 617 | + | 394.4625 Voluntary admissions. — 412 |
|---|
| 618 | + | (1) AUTHORITY TO RECEIVE PATIENTS. — 413 |
|---|
| 619 | + | (a) A facility may receive for observation, diagnosis, or 414 |
|---|
| 620 | + | treatment any person 18 years of age or older who applies making 415 |
|---|
| 621 | + | application by express and informed c onsent for admission or any 416 |
|---|
| 622 | + | person age 17 or under whose parent or legal guardian applies 417 |
|---|
| 623 | + | for admission whom such application is made by his or her 418 |
|---|
| 624 | + | guardian. If found to show evidence of mental illness, to be 419 |
|---|
| 625 | + | competent to provide express and informed conse nt, and to be 420 |
|---|
| 626 | + | suitable for treatment, such person 18 years of age or older may 421 |
|---|
| 627 | + | be admitted to the facility. A person age 17 or under may be 422 |
|---|
| 628 | + | admitted only after a clinical review hearing to verify the 423 |
|---|
| 629 | + | voluntariness of the minor's assent consent. 424 |
|---|
| 630 | + | (4) TRANSFER TO VOLUNTARY STATUS. —An involuntary patient 425 |
|---|
| 631 | + | |
|---|
| 632 | + | CS/HB 1143 2022 |
|---|
| 633 | + | |
|---|
| 634 | + | |
|---|
| 635 | + | |
|---|
| 636 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 637 | + | hb1143-01-c1 |
|---|
| 643 | | - | (4) TRANSFER TO VOLUNTARY STATUS. —An involuntary patient 426 |
|---|
| 644 | | - | who applies to be transferred to voluntary status shall be 427 |
|---|
| 645 | | - | transferred to voluntary status immediately, unless the patient 428 |
|---|
| 646 | | - | has been charged with a crime, or has been involuntarily placed 429 |
|---|
| 647 | | - | for treatment by a court pursuant to s. 394.467 and continues to 430 |
|---|
| 648 | | - | meet the criteria for involuntary placement. When transfer to 431 |
|---|
| 649 | | - | voluntary status occurs, notice shall be given as provided in s. 432 |
|---|
| 650 | | - | 394.4599, and if the patient is a minor, the minor's assent to 433 |
|---|
| 651 | | - | voluntary care must be verified as provided in paragraph (1)(a) . 434 |
|---|
| 652 | | - | Section 6. Paragraphs (a), (e), (f), and (g) of subsection 435 |
|---|
| 653 | | - | (2) of section 394.463, Florida Statutes, are amended to read: 436 |
|---|
| 654 | | - | 394.463 Involuntary examination. — 437 |
|---|
| 655 | | - | (2) INVOLUNTARY EXAMINATION. — 438 |
|---|
| 656 | | - | (a) An involuntary examination may be initiated by any one 439 |
|---|
| 657 | | - | of the following means: 440 |
|---|
| 658 | | - | 1. A circuit or county court may enter an ex parte order 441 |
|---|
| 659 | | - | stating that a person appears to meet the criteria for 442 |
|---|
| 660 | | - | involuntary examination and specifying the findings on which 443 |
|---|
| 661 | | - | that conclusion is based. The ex parte order for involuntary 444 |
|---|
| 662 | | - | examination must be based on written or oral sworn testimony 445 |
|---|
| 663 | | - | that includes specific facts that support the findings. If other 446 |
|---|
| 664 | | - | less restrictive means are not available, such as voluntary 447 |
|---|
| 665 | | - | appearance for outpatient evaluation, a law enforcement officer, 448 |
|---|
| 666 | | - | or other designated agent of the court, shall take the person 449 |
|---|
| 667 | | - | into custody and deliver him or her to an appropriate, or the 450 |
|---|
| 668 | | - | |
|---|
| 669 | | - | CS/CS/HB 1143 2022 |
|---|
| 670 | | - | |
|---|
| 671 | | - | |
|---|
| 672 | | - | |
|---|
| 673 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 674 | | - | hb1143-02-c2 |
|---|
| 643 | + | who applies to be transferred to voluntary status shall be 426 |
|---|
| 644 | + | transferred to voluntary status immediately, unless the patient 427 |
|---|
| 645 | + | has been charged with a crime, or has been involuntarily placed 428 |
|---|
| 646 | + | for treatment by a court pursuant to s. 394.467 and continues to 429 |
|---|
| 647 | + | meet the criteria for involuntary placement. When transfer to 430 |
|---|
| 648 | + | voluntary status occurs, notice shall be given as provided in s. 431 |
|---|
| 649 | + | 394.4599, and if the patient is a minor, the minor's assent to 432 |
|---|
| 650 | + | voluntary care must be verified as provided in paragraph (1)(a) . 433 |
|---|
| 651 | + | Section 6. Paragraphs (a), (e), (f), and (g) of subsection 434 |
|---|
| 652 | + | (2) of section 394.463, Florida Statutes, are amended to read: 435 |
|---|
| 653 | + | 394.463 Involuntary examination. — 436 |
|---|
| 654 | + | (2) INVOLUNTARY EXAMINATION. — 437 |
|---|
| 655 | + | (a) An involuntary examination may be initiated by any one 438 |
|---|
| 656 | + | of the following means: 439 |
|---|
| 657 | + | 1. A circuit or county court may enter an ex parte order 440 |
|---|
| 658 | + | stating that a person appears to meet the criteria for 441 |
|---|
| 659 | + | involuntary examination and specifying the findings on which 442 |
|---|
| 660 | + | that conclusion is based. The ex parte order for involuntary 443 |
|---|
| 661 | + | examination must be based on written or oral sworn testimony 444 |
|---|
| 662 | + | that includes specific facts that support the findings. If other 445 |
|---|
| 663 | + | less restrictive means are not available, such as voluntary 446 |
|---|
| 664 | + | appearance for outpatient evaluation, a law enforcement officer, 447 |
|---|
| 665 | + | or other designated agent of the court, shall take the person 448 |
|---|
| 666 | + | into custody and deliver him or her to an appropriate, or the 449 |
|---|
| 667 | + | nearest, facility within the designated receiving system 450 |
|---|
| 668 | + | |
|---|
| 669 | + | CS/HB 1143 2022 |
|---|
| 670 | + | |
|---|
| 671 | + | |
|---|
| 672 | + | |
|---|
| 673 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 674 | + | hb1143-01-c1 |
|---|
| 680 | | - | nearest, facility within the designated receiving system 451 |
|---|
| 681 | | - | pursuant to s. 394.462 for in voluntary examination. The order of 452 |
|---|
| 682 | | - | the court shall be made a part of the patient's clinical record. 453 |
|---|
| 683 | | - | A fee may not be charged for the filing of an order under this 454 |
|---|
| 684 | | - | subsection. A facility accepting the patient based on this order 455 |
|---|
| 685 | | - | must send a copy of the ord er to the department within 5 working 456 |
|---|
| 686 | | - | days. The order may be submitted electronically through existing 457 |
|---|
| 687 | | - | data systems, if available. The order shall be valid only until 458 |
|---|
| 688 | | - | the person is delivered to the facility or for the period 459 |
|---|
| 689 | | - | specified in the order itself, whichever comes first. If a time 460 |
|---|
| 690 | | - | limit is not specified in the order, the order is valid for 7 461 |
|---|
| 691 | | - | days after the date that the order was signed. 462 |
|---|
| 692 | | - | 2. A law enforcement officer may shall take a person who 463 |
|---|
| 693 | | - | appears to meet the criteria for involuntary examinatio n into 464 |
|---|
| 694 | | - | custody and deliver the person or have him or her delivered to 465 |
|---|
| 695 | | - | an appropriate, or the nearest, facility within the designated 466 |
|---|
| 696 | | - | receiving system pursuant to s. 394.462 for examination. A law 467 |
|---|
| 697 | | - | enforcement officer transporting a person pursuant to this 468 |
|---|
| 698 | | - | subparagraph shall restrain the person in the least restrictive 469 |
|---|
| 699 | | - | manner available and appropriate under the circumstances. The 470 |
|---|
| 700 | | - | officer shall execute a written report detailing the 471 |
|---|
| 701 | | - | circumstances under which the person was taken into custody, 472 |
|---|
| 702 | | - | which must be made a part of the patient's clinical record. Any 473 |
|---|
| 703 | | - | facility accepting the patient based on this report must send a 474 |
|---|
| 704 | | - | copy of the report to the department within 5 working days. 475 |
|---|
| 705 | | - | |
|---|
| 706 | | - | CS/CS/HB 1143 2022 |
|---|
| 707 | | - | |
|---|
| 708 | | - | |
|---|
| 709 | | - | |
|---|
| 710 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 711 | | - | hb1143-02-c2 |
|---|
| 680 | + | pursuant to s. 394.462 f or involuntary examination. The order of 451 |
|---|
| 681 | + | the court shall be made a part of the patient's clinical record. 452 |
|---|
| 682 | + | A fee may not be charged for the filing of an order under this 453 |
|---|
| 683 | + | subsection. A facility accepting the patient based on this order 454 |
|---|
| 684 | + | must send a copy of th e order to the department within 5 working 455 |
|---|
| 685 | + | days. The order may be submitted electronically through existing 456 |
|---|
| 686 | + | data systems, if available. The order shall be valid only until 457 |
|---|
| 687 | + | the person is delivered to the facility or for the period 458 |
|---|
| 688 | + | specified in the order its elf, whichever comes first. If a time 459 |
|---|
| 689 | + | limit is not specified in the order, the order is valid for 7 460 |
|---|
| 690 | + | days after the date that the order was signed. 461 |
|---|
| 691 | + | 2. A law enforcement officer may shall take a person who 462 |
|---|
| 692 | + | appears to meet the criteria for involuntary exami nation into 463 |
|---|
| 693 | + | custody and deliver the person or have him or her delivered to 464 |
|---|
| 694 | + | an appropriate, or the nearest, facility within the designated 465 |
|---|
| 695 | + | receiving system pursuant to s. 394.462 for examination. A law 466 |
|---|
| 696 | + | enforcement officer transporting a person pursuant to t his 467 |
|---|
| 697 | + | subparagraph shall restrain the person in the least restrictive 468 |
|---|
| 698 | + | manner available and appropriate under the circumstances. The 469 |
|---|
| 699 | + | officer shall execute a written report detailing the 470 |
|---|
| 700 | + | circumstances under which the person was taken into custody, 471 |
|---|
| 701 | + | which must be made a part of the patient's clinical record. Any 472 |
|---|
| 702 | + | facility accepting the patient based on this report must send a 473 |
|---|
| 703 | + | copy of the report to the department within 5 working days. 474 |
|---|
| 704 | + | 3. A physician, a physician assistant, a clinical 475 |
|---|
| 705 | + | |
|---|
| 706 | + | CS/HB 1143 2022 |
|---|
| 707 | + | |
|---|
| 708 | + | |
|---|
| 709 | + | |
|---|
| 710 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 711 | + | hb1143-01-c1 |
|---|
| 717 | | - | 3. A physician, a physician assistant, a clinical 476 |
|---|
| 718 | | - | psychologist, a psychiatric nurse , an advanced practice 477 |
|---|
| 719 | | - | registered nurse registered under s. 464.0123, a mental health 478 |
|---|
| 720 | | - | counselor, a marriage and family therapist, or a clinical social 479 |
|---|
| 721 | | - | worker may execute a certificate stating that he or she has 480 |
|---|
| 722 | | - | examined a person within the preceding 48 hou rs and finds that 481 |
|---|
| 723 | | - | the person appears to meet the criteria for involuntary 482 |
|---|
| 724 | | - | examination and stating the observations upon which that 483 |
|---|
| 725 | | - | conclusion is based. If other less restrictive means, such as 484 |
|---|
| 726 | | - | voluntary appearance for outpatient evaluation, are not 485 |
|---|
| 727 | | - | available, a law enforcement officer shall take into custody the 486 |
|---|
| 728 | | - | person named in the certificate and deliver him or her to the 487 |
|---|
| 729 | | - | appropriate, or nearest, facility within the designated 488 |
|---|
| 730 | | - | receiving system pursuant to s. 394.462 for involuntary 489 |
|---|
| 731 | | - | examination. The law enf orcement officer shall execute a written 490 |
|---|
| 732 | | - | report detailing the circumstances under which the person was 491 |
|---|
| 733 | | - | taken into custody. The report and certificate shall be made a 492 |
|---|
| 734 | | - | part of the patient's clinical record. Any facility accepting 493 |
|---|
| 735 | | - | the patient based on this ce rtificate must send a copy of the 494 |
|---|
| 736 | | - | certificate to the department within 5 working days. The 495 |
|---|
| 737 | | - | document may be submitted electronically through existing data 496 |
|---|
| 738 | | - | systems, if applicable. 497 |
|---|
| 739 | | - | 498 |
|---|
| 740 | | - | When sending the order, report, or certificate to the 499 |
|---|
| 741 | | - | department, a facility shall, at a minimum, provide information 500 |
|---|
| 742 | | - | |
|---|
| 743 | | - | CS/CS/HB 1143 2022 |
|---|
| 744 | | - | |
|---|
| 745 | | - | |
|---|
| 746 | | - | |
|---|
| 747 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 748 | | - | hb1143-02-c2 |
|---|
| 717 | + | psychologist, a psychiatric nurse, an advanced practice 476 |
|---|
| 718 | + | registered nurse registered under s. 464.0123, a mental health 477 |
|---|
| 719 | + | counselor, a marriage and family therapist, or a clinical social 478 |
|---|
| 720 | + | worker may execute a certificate stating that he or she has 479 |
|---|
| 721 | + | examined a person within the preceding 4 8 hours and finds that 480 |
|---|
| 722 | + | the person appears to meet the criteria for involuntary 481 |
|---|
| 723 | + | examination and stating the observations upon which that 482 |
|---|
| 724 | + | conclusion is based. If other less restrictive means, such as 483 |
|---|
| 725 | + | voluntary appearance for outpatient evaluation, are not 484 |
|---|
| 726 | + | available, a law enforcement officer shall take into custody the 485 |
|---|
| 727 | + | person named in the certificate and deliver him or her to the 486 |
|---|
| 728 | + | appropriate, or nearest, facility within the designated 487 |
|---|
| 729 | + | receiving system pursuant to s. 394.462 for involuntary 488 |
|---|
| 730 | + | examination. The law enforcement officer shall execute a written 489 |
|---|
| 731 | + | report detailing the circumstances under which the person was 490 |
|---|
| 732 | + | taken into custody. The report and certificate shall be made a 491 |
|---|
| 733 | + | part of the patient's clinical record. Any facility accepting 492 |
|---|
| 734 | + | the patient based on th is certificate must send a copy of the 493 |
|---|
| 735 | + | certificate to the department within 5 working days. The 494 |
|---|
| 736 | + | document may be submitted electronically through existing data 495 |
|---|
| 737 | + | systems, if applicable. 496 |
|---|
| 738 | + | 497 |
|---|
| 739 | + | When sending the order, report, or certificate to the 498 |
|---|
| 740 | + | department, a facility shall, at a minimum, provide information 499 |
|---|
| 741 | + | about which action was taken regarding the patient under 500 |
|---|
| 742 | + | |
|---|
| 743 | + | CS/HB 1143 2022 |
|---|
| 744 | + | |
|---|
| 745 | + | |
|---|
| 746 | + | |
|---|
| 747 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 748 | + | hb1143-01-c1 |
|---|
| 754 | | - | about which action was taken regarding the patient under 501 |
|---|
| 755 | | - | paragraph (g), which information shall also be made a part of 502 |
|---|
| 756 | | - | the patient's clinical record. 503 |
|---|
| 757 | | - | (e) The department shall receive and maintain the copies 504 |
|---|
| 758 | | - | of ex parte orders, involuntary outpatient services orders 505 |
|---|
| 759 | | - | issued pursuant to s. 394.4655, involuntary inpatient placement 506 |
|---|
| 760 | | - | orders issued pursuant to s. 394.467, professional certificates, 507 |
|---|
| 761 | | - | and law enforcement officers' reports. These documents shall be 508 |
|---|
| 762 | | - | considered part of the clinical record, governed by the 509 |
|---|
| 763 | | - | provisions of s. 394.4615. These documents shall be used to 510 |
|---|
| 764 | | - | prepare, at least annually, annual reports analyzing the data 511 |
|---|
| 765 | | - | obtained from these documents, without information identifying 512 |
|---|
| 766 | | - | patients, and the department shall post provide copies of the 513 |
|---|
| 767 | | - | reports on its website to the department, the President of the 514 |
|---|
| 768 | | - | Senate, the Speaker of the House of Representatives, and the 515 |
|---|
| 769 | | - | minority leaders of the Senate and the House of Representatives . 516 |
|---|
| 770 | | - | (f) A patient shall be exami ned by a physician or a 517 |
|---|
| 771 | | - | clinical psychologist, or by a psychiatric nurse performing 518 |
|---|
| 772 | | - | within the framework of an established protocol with a 519 |
|---|
| 773 | | - | psychiatrist at a facility without unnecessary delay to 520 |
|---|
| 774 | | - | determine if the criteria for involuntary services are met. 521 |
|---|
| 775 | | - | Emergency treatment may be provided upon the order of a 522 |
|---|
| 776 | | - | physician if the physician determines that such treatment is 523 |
|---|
| 777 | | - | necessary for the safety of the patient or others. The patient 524 |
|---|
| 778 | | - | may not be released by the receiving facility or its contractor 525 |
|---|
| 779 | | - | |
|---|
| 780 | | - | CS/CS/HB 1143 2022 |
|---|
| 781 | | - | |
|---|
| 782 | | - | |
|---|
| 783 | | - | |
|---|
| 784 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 785 | | - | hb1143-02-c2 |
|---|
| 754 | + | paragraph (g), which information shall also be made a part of 501 |
|---|
| 755 | + | the patient's clinical record. 502 |
|---|
| 756 | + | (e) The department shall receive and maintain the copies 503 |
|---|
| 757 | + | of ex parte orders, involuntary outpatient services orders 504 |
|---|
| 758 | + | issued pursuant to s. 394.4655, involuntary inpatient placement 505 |
|---|
| 759 | + | orders issued pursuant to s. 394.467, professional certificates, 506 |
|---|
| 760 | + | and law enforcement officers' reports. These documents shall be 507 |
|---|
| 761 | + | considered part of the clinical record, governed by the 508 |
|---|
| 762 | + | provisions of s. 394.4615. These documents shall be used to 509 |
|---|
| 763 | + | prepare, at least annually, annual reports analyzing the data 510 |
|---|
| 764 | + | obtained from these documents, without information identifying 511 |
|---|
| 765 | + | patients, and the department shall post provide copies of the 512 |
|---|
| 766 | + | reports on its website to the department, the President of the 513 |
|---|
| 767 | + | Senate, the Speaker of the House of Representatives, and the 514 |
|---|
| 768 | + | minority leaders of the Senate and the House of Representatives . 515 |
|---|
| 769 | + | (f) A patient shall be examined by a physician or a 516 |
|---|
| 770 | + | clinical psychologist, or by a psychiatric nurse performing 517 |
|---|
| 771 | + | within the framework of an established protocol with a 518 |
|---|
| 772 | + | psychiatrist at a facility without unnecessary delay to 519 |
|---|
| 773 | + | determine if the criteria for involuntary services are m et. 520 |
|---|
| 774 | + | Emergency treatment may be provided upon the order of a 521 |
|---|
| 775 | + | physician if the physician determines that such treatment is 522 |
|---|
| 776 | + | necessary for the safety of the patient or others. The patient 523 |
|---|
| 777 | + | may not be released by the receiving facility or its contractor 524 |
|---|
| 778 | + | without the documented approval of a psychiatrist or a clinical 525 |
|---|
| 779 | + | |
|---|
| 780 | + | CS/HB 1143 2022 |
|---|
| 781 | + | |
|---|
| 782 | + | |
|---|
| 783 | + | |
|---|
| 784 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 785 | + | hb1143-01-c1 |
|---|
| 791 | | - | without the documented approval of a psychiatrist or a clinical 526 |
|---|
| 792 | | - | psychologist or, if the receiving facility is owned or operated 527 |
|---|
| 793 | | - | by a hospital, or health system, or a nationally accredited 528 |
|---|
| 794 | | - | community mental health center, the release may also be approved 529 |
|---|
| 795 | | - | by a psychiatric nurse performing within the framework of an 530 |
|---|
| 796 | | - | established protocol with a psychiatrist, or an attending 531 |
|---|
| 797 | | - | emergency department physician with experience in the diagnosis 532 |
|---|
| 798 | | - | and treatment of mental illness after completion of an 533 |
|---|
| 799 | | - | involuntary examination pursuant t o this subsection. A 534 |
|---|
| 800 | | - | psychiatric nurse may not approve the release of a patient if 535 |
|---|
| 801 | | - | the involuntary examination was initiated by a psychiatrist 536 |
|---|
| 802 | | - | unless the release is approved by the initiating psychiatrist. 537 |
|---|
| 803 | | - | (g) The examination period must be for up to 72 hours and 538 |
|---|
| 804 | | - | begins when a patient arrives at the receiving facility . For a 539 |
|---|
| 805 | | - | minor, the examination shall be initiated within 12 hours after 540 |
|---|
| 806 | | - | the patient's arrival at the facility. Within the examination 541 |
|---|
| 807 | | - | period or, if the examination period ends on a weekend or 542 |
|---|
| 808 | | - | holiday, no later than the next working day thereafter, one of 543 |
|---|
| 809 | | - | the following actions must be taken, based on the individual 544 |
|---|
| 810 | | - | needs of the patient: 545 |
|---|
| 811 | | - | 1. The patient shall be released, unless he or she is 546 |
|---|
| 812 | | - | charged with a crime, in which case the patient shall be 547 |
|---|
| 813 | | - | returned to the custody of a law enforcement officer; 548 |
|---|
| 814 | | - | 2. The patient shall be released, subject to subparagraph 549 |
|---|
| 815 | | - | 1., for voluntary outpatient treatment; 550 |
|---|
| 816 | | - | |
|---|
| 817 | | - | CS/CS/HB 1143 2022 |
|---|
| 818 | | - | |
|---|
| 819 | | - | |
|---|
| 820 | | - | |
|---|
| 821 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 822 | | - | hb1143-02-c2 |
|---|
| 791 | + | psychologist or, if the receiving facility is owned or operated 526 |
|---|
| 792 | + | by a hospital, or health system, or a nationally accredited 527 |
|---|
| 793 | + | community mental health center, the release may also be approved 528 |
|---|
| 794 | + | by a psychiatric nurse performing within the framework of an 529 |
|---|
| 795 | + | established protocol with a psychiatrist, or an attending 530 |
|---|
| 796 | + | emergency department physician with experience in the diagnosis 531 |
|---|
| 797 | + | and treatment of mental illness after completion of an 532 |
|---|
| 798 | + | involuntary examination pursu ant to this subsection. A 533 |
|---|
| 799 | + | psychiatric nurse may not approve the release of a patient if 534 |
|---|
| 800 | + | the involuntary examination was initiated by a psychiatrist 535 |
|---|
| 801 | + | unless the release is approved by the initiating psychiatrist. 536 |
|---|
| 802 | + | (g) The examination period must be for up t o 72 hours and 537 |
|---|
| 803 | + | begins when a patient arrives at the receiving facility . For a 538 |
|---|
| 804 | + | minor, the examination shall be initiated within 12 hours after 539 |
|---|
| 805 | + | the patient's arrival at the facility. Within the examination 540 |
|---|
| 806 | + | period or, if the examination period ends on a weeke nd or 541 |
|---|
| 807 | + | holiday, no later than the next working day thereafter, one of 542 |
|---|
| 808 | + | the following actions must be taken, based on the individual 543 |
|---|
| 809 | + | needs of the patient: 544 |
|---|
| 810 | + | 1. The patient shall be released, unless he or she is 545 |
|---|
| 811 | + | charged with a crime, in which case the patient shall be 546 |
|---|
| 812 | + | returned to the custody of a law enforcement officer; 547 |
|---|
| 813 | + | 2. The patient shall be released, subject to subparagraph 548 |
|---|
| 814 | + | 1., for voluntary outpatient treatment; 549 |
|---|
| 815 | + | 3. The patient, unless he or she is charged with a crime, 550 |
|---|
| 816 | + | |
|---|
| 817 | + | CS/HB 1143 2022 |
|---|
| 818 | + | |
|---|
| 819 | + | |
|---|
| 820 | + | |
|---|
| 821 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 822 | + | hb1143-01-c1 |
|---|
| 828 | | - | 3. The patient, unless he or she is charged with a crime, 551 |
|---|
| 829 | | - | shall be asked to give express and informed consent to placement 552 |
|---|
| 830 | | - | as a voluntary patient and, if such consent is given, the 553 |
|---|
| 831 | | - | patient shall be admitted as a voluntary patient; or 554 |
|---|
| 832 | | - | 4. A petition for involuntary services shall be filed in 555 |
|---|
| 833 | | - | the circuit court if inpatient treatment is deemed neces sary or 556 |
|---|
| 834 | | - | with the criminal county court, as defined in s. 394.4655(1), as 557 |
|---|
| 835 | | - | applicable. When inpatient treatment is deemed necessary, the 558 |
|---|
| 836 | | - | least restrictive treatment consistent with the optimum 559 |
|---|
| 837 | | - | improvement of the patient's condition shall be made available. 560 |
|---|
| 838 | | - | When a petition is to be filed for involuntary outpatient 561 |
|---|
| 839 | | - | placement, it shall be filed by one of the petitioners specified 562 |
|---|
| 840 | | - | in s. 394.4655(4)(a). A petition for involuntary inpatient 563 |
|---|
| 841 | | - | placement shall be filed by the facility administrator. 564 |
|---|
| 842 | | - | Section 7. Subsection (5), paragraphs (a), (b), and (c) of 565 |
|---|
| 843 | | - | subsection (6), and paragraph (d) of subsection (7) of section 566 |
|---|
| 844 | | - | 394.467, Florida Statutes, are amended to read: 567 |
|---|
| 845 | | - | 394.467 Involuntary inpatient placement. — 568 |
|---|
| 846 | | - | (5) CONTINUANCE OF HEARING. —The patient and the state are 569 |
|---|
| 847 | | - | independently entitled is entitled, with the concurrence of the 570 |
|---|
| 848 | | - | patient's counsel, to at least one continuance of the hearing . 571 |
|---|
| 849 | | - | The patient's continuance may be for a period of for up to 4 572 |
|---|
| 850 | | - | weeks and requires the concurrence of his or her counsel. The 573 |
|---|
| 851 | | - | state's continuance may be for a period of up to 5 court working 574 |
|---|
| 852 | | - | days and requires a showing of good cause and due diligence by 575 |
|---|
| 853 | | - | |
|---|
| 854 | | - | CS/CS/HB 1143 2022 |
|---|
| 855 | | - | |
|---|
| 856 | | - | |
|---|
| 857 | | - | |
|---|
| 858 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 859 | | - | hb1143-02-c2 |
|---|
| 828 | + | shall be asked to give express and informed consent to placement 551 |
|---|
| 829 | + | as a voluntary patient and, if such consent is given, the 552 |
|---|
| 830 | + | patient shall be admitted as a voluntary patient; or 553 |
|---|
| 831 | + | 4. A petition for involuntary services shall be filed in 554 |
|---|
| 832 | + | the circuit court if inpatient treatment is deemed n ecessary or 555 |
|---|
| 833 | + | with the criminal county court, as defined in s. 394.4655(1), as 556 |
|---|
| 834 | + | applicable. When inpatient treatment is deemed necessary, the 557 |
|---|
| 835 | + | least restrictive treatment consistent with the optimum 558 |
|---|
| 836 | + | improvement of the patient's condition shall be made availabl e. 559 |
|---|
| 837 | + | When a petition is to be filed for involuntary outpatient 560 |
|---|
| 838 | + | placement, it shall be filed by one of the petitioners specified 561 |
|---|
| 839 | + | in s. 394.4655(4)(a). A petition for involuntary inpatient 562 |
|---|
| 840 | + | placement shall be filed by the facility administrator. 563 |
|---|
| 841 | + | Section 7. Subsection (5), paragraphs (a), (b), and (c) of 564 |
|---|
| 842 | + | subsection (6), and paragraph (d) of subsection (7) of section 565 |
|---|
| 843 | + | 394.467, Florida Statutes, are amended to read: 566 |
|---|
| 844 | + | 394.467 Involuntary inpatient placement. — 567 |
|---|
| 845 | + | (5) CONTINUANCE OF HEARING. —The patient and the state are 568 |
|---|
| 846 | + | independently entitled is entitled, with the concurrence of the 569 |
|---|
| 847 | + | patient's counsel, to at least one continuance of the hearing . 570 |
|---|
| 848 | + | The patient's continuance may be for a period of for up to 4 571 |
|---|
| 849 | + | weeks and requires the concurrence of his or her counsel. The 572 |
|---|
| 850 | + | state's continuance may be for a period of up to 5 court working 573 |
|---|
| 851 | + | days and requires a showing of good cause and due diligence by 574 |
|---|
| 852 | + | the state before requesting the continuance. The state's failure 575 |
|---|
| 853 | + | |
|---|
| 854 | + | CS/HB 1143 2022 |
|---|
| 855 | + | |
|---|
| 856 | + | |
|---|
| 857 | + | |
|---|
| 858 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 859 | + | hb1143-01-c1 |
|---|
| 865 | | - | the state before requesting the continuance. The state's failure 576 |
|---|
| 866 | | - | to timely review any readily available document or failure to 577 |
|---|
| 867 | | - | attempt to contact a known witness does not warrant a 578 |
|---|
| 868 | | - | continuance. 579 |
|---|
| 869 | | - | (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT. — 580 |
|---|
| 870 | | - | (a)1. The court shall hold the hearing on involuntary 581 |
|---|
| 871 | | - | inpatient placement within 5 court working days, unless a 582 |
|---|
| 872 | | - | continuance is granted. 583 |
|---|
| 873 | | - | 2. Except for good cause documented in the court file, the 584 |
|---|
| 874 | | - | hearing must be held in the county or the facility, as 585 |
|---|
| 875 | | - | appropriate, where the patient is located, must be as convenient 586 |
|---|
| 876 | | - | to the patient as is consistent with orderly procedure, and 587 |
|---|
| 877 | | - | shall be conducted in physical settings not likely to be 588 |
|---|
| 878 | | - | injurious to the patient's condition. If the court finds that 589 |
|---|
| 879 | | - | the patient's attendance at the hearing is not consistent with 590 |
|---|
| 880 | | - | the best interests of , or is likely to be injurious to, the 591 |
|---|
| 881 | | - | patient, or the patient knowingly, intelligently, and 592 |
|---|
| 882 | | - | voluntarily waives his or her right to be present, and the 593 |
|---|
| 883 | | - | patient's counsel does not object, the court may waive the 594 |
|---|
| 884 | | - | presence of the patient from all or any portion of the hea ring. 595 |
|---|
| 885 | | - | Upon a showing of good cause, including, but not limited to, 596 |
|---|
| 886 | | - | specific symptoms of the respondent's condition, and if all 597 |
|---|
| 887 | | - | parties consent, the court may permit all witnesses, including, 598 |
|---|
| 888 | | - | but not limited to, any medical professionals or personnel who 599 |
|---|
| 889 | | - | are or have been involved with the patient's treatment, to 600 |
|---|
| 890 | | - | |
|---|
| 891 | | - | CS/CS/HB 1143 2022 |
|---|
| 892 | | - | |
|---|
| 893 | | - | |
|---|
| 894 | | - | |
|---|
| 895 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 896 | | - | hb1143-02-c2 |
|---|
| 865 | + | to timely review any readily available document or failure to 576 |
|---|
| 866 | + | attempt to contact a known witness does not warrant a 577 |
|---|
| 867 | + | continuance. 578 |
|---|
| 868 | + | (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT. — 579 |
|---|
| 869 | + | (a)1. The court shall hold the hearing on involuntary 580 |
|---|
| 870 | + | inpatient placement within 5 court working days, unless a 581 |
|---|
| 871 | + | continuance is granted. 582 |
|---|
| 872 | + | 2. Except for good cause documented in the court file, the 583 |
|---|
| 873 | + | hearing must be held in the county or the facility, as 584 |
|---|
| 874 | + | appropriate, where the patient is located, must be as convenient 585 |
|---|
| 875 | + | to the patient as is consistent with orderly procedure, and 586 |
|---|
| 876 | + | shall be conducted in physical settings not likely to be 587 |
|---|
| 877 | + | injurious to the patient's condition. If the court finds that 588 |
|---|
| 878 | + | the patient's attendance at the hearing is not consistent with 589 |
|---|
| 879 | + | the best interests of , or is likely to be injurious to, the 590 |
|---|
| 880 | + | patient, or the patient knowingly, intelligently, and 591 |
|---|
| 881 | + | voluntarily waives his or her right to be present, and the 592 |
|---|
| 882 | + | patient's counsel does not object, the court may waive the 593 |
|---|
| 883 | + | presence of the patient from all or any portion of the hea ring. 594 |
|---|
| 884 | + | Upon a showing of good cause, including, but not limited to, 595 |
|---|
| 885 | + | specific symptoms of the respondent's condition, and if all 596 |
|---|
| 886 | + | parties consent, the court may permit all witnesses, including, 597 |
|---|
| 887 | + | but not limited to, any medical professionals or personnel who 598 |
|---|
| 888 | + | are or have been involved with the patient's treatment, to 599 |
|---|
| 889 | + | remotely attend and testify at the hearing under oath by audio -600 |
|---|
| 890 | + | |
|---|
| 891 | + | CS/HB 1143 2022 |
|---|
| 892 | + | |
|---|
| 893 | + | |
|---|
| 894 | + | |
|---|
| 895 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 896 | + | hb1143-01-c1 |
|---|
| 902 | | - | remotely attend and testify at the hearing under oath by audio -601 |
|---|
| 903 | | - | video teleconference. Any witness intending to remotely attend 602 |
|---|
| 904 | | - | and testify at the hearing must provide the parties with all 603 |
|---|
| 905 | | - | relevant documents by the close of business on the day before 604 |
|---|
| 906 | | - | the hearing. The state attorney for the circuit in which the 605 |
|---|
| 907 | | - | patient is located shall represent the state, rather than the 606 |
|---|
| 908 | | - | petitioning facility administrator, as the real party in 607 |
|---|
| 909 | | - | interest in the proceeding . The facility shall make the 608 |
|---|
| 910 | | - | respondent's clinical records available to the state attorney 609 |
|---|
| 911 | | - | and the respondent's attorney within 24 hours of the involuntary 610 |
|---|
| 912 | | - | placement petition's filing so that the state can evaluate and 611 |
|---|
| 913 | | - | prepare its case before the hearing. However, such records shall 612 |
|---|
| 914 | | - | remain confidential, and the state attorney may not use any 613 |
|---|
| 915 | | - | record obtained under this part for criminal investigation or 614 |
|---|
| 916 | | - | prosecution purposes, or for any purpose other than the 615 |
|---|
| 917 | | - | patient's civil commitment under this chapter. 616 |
|---|
| 918 | | - | 3. The court may appoint a magistrate to preside at the 617 |
|---|
| 919 | | - | hearing on the petition and any ancillary proceedings thereto . 618 |
|---|
| 920 | | - | One of the professionals who executed the petition for 619 |
|---|
| 921 | | - | involuntary inpatient placement certificate shall be a witness. 620 |
|---|
| 922 | | - | The court shall allow testimony deemed relevant and admissible 621 |
|---|
| 923 | | - | pursuant to the Florida Rules of Evidence from listed 622 |
|---|
| 924 | | - | individuals regarding the person's prior history and how that 623 |
|---|
| 925 | | - | history relates to the person's current condition. The patient 624 |
|---|
| 926 | | - | and the patient's guardian or re presentative shall be informed 625 |
|---|
| 927 | | - | |
|---|
| 928 | | - | CS/CS/HB 1143 2022 |
|---|
| 929 | | - | |
|---|
| 930 | | - | |
|---|
| 931 | | - | |
|---|
| 932 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 933 | | - | hb1143-02-c2 |
|---|
| 902 | + | video teleconference. Any witness intending to remotely attend 601 |
|---|
| 903 | + | and testify at the hearing must provide the parties with all 602 |
|---|
| 904 | + | relevant documents by the close of business on the day before 603 |
|---|
| 905 | + | the hearing. The state attorney for the circuit in which the 604 |
|---|
| 906 | + | patient is located shall represent the state, rather than the 605 |
|---|
| 907 | + | petitioning facility administrator, as the real party in 606 |
|---|
| 908 | + | interest in the proceeding . The facility shall make the 607 |
|---|
| 909 | + | respondent's clinical records available to the state attorney 608 |
|---|
| 910 | + | and the respondent's attorney within 24 hours of the involuntary 609 |
|---|
| 911 | + | placement petition's filing so that the state can evaluate and 610 |
|---|
| 912 | + | prepare its case before the hearing. However, such records shall 611 |
|---|
| 913 | + | remain confidential, and the state attorney may not use any 612 |
|---|
| 914 | + | record obtained under this part for criminal investigation or 613 |
|---|
| 915 | + | prosecution purposes, or for any purpose other than the 614 |
|---|
| 916 | + | patient's civil commitment under this chapter. 615 |
|---|
| 917 | + | 3. The court may appoint a magistrate to preside at the 616 |
|---|
| 918 | + | hearing on the petition and any ancillary proceedings thereto . 617 |
|---|
| 919 | + | One of the professionals who executed the petition for 618 |
|---|
| 920 | + | involuntary inpatient placement certificate shall be a witness. 619 |
|---|
| 921 | + | The court shall allow testimony deemed relevant and admissible 620 |
|---|
| 922 | + | pursuant to the Florida Rules of Evidence from listed 621 |
|---|
| 923 | + | individuals regarding the person's prior history and how that 622 |
|---|
| 924 | + | history relates to the person's current condition. The patient 623 |
|---|
| 925 | + | and the patient's guardian or re presentative shall be informed 624 |
|---|
| 926 | + | by the court of the right to an independent expert examination. 625 |
|---|
| 927 | + | |
|---|
| 928 | + | CS/HB 1143 2022 |
|---|
| 929 | + | |
|---|
| 930 | + | |
|---|
| 931 | + | |
|---|
| 932 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 933 | + | hb1143-01-c1 |
|---|
| 939 | | - | by the court of the right to an independent expert examination. 626 |
|---|
| 940 | | - | If the patient cannot afford such an examination, the court 627 |
|---|
| 941 | | - | shall ensure that one is provided, as otherwise provided for by 628 |
|---|
| 942 | | - | law. The independent expert's report is confidential and not 629 |
|---|
| 943 | | - | discoverable, unless the expert is to be called as a witness for 630 |
|---|
| 944 | | - | the patient at the hearing. The testimony in the hearing must be 631 |
|---|
| 945 | | - | given under oath, and the proceedings must be recorded. The 632 |
|---|
| 946 | | - | patient may refuse to testify at the heari ng. 633 |
|---|
| 947 | | - | (b) If the court concludes that the patient meets the 634 |
|---|
| 948 | | - | criteria for involuntary inpatient placement, it may order that 635 |
|---|
| 949 | | - | the patient be transferred to a treatment facility or, if the 636 |
|---|
| 950 | | - | patient is at a treatment facility, that the patient be retained 637 |
|---|
| 951 | | - | there or be treated at any other appropriate facility, or that 638 |
|---|
| 952 | | - | the patient receive services, on an involuntary basis, for up to 639 |
|---|
| 953 | | - | 90 days. However, any order for involuntary mental health 640 |
|---|
| 954 | | - | services in a treatment facility may be for up to 6 months. The 641 |
|---|
| 955 | | - | order shall specify the nature and extent of the patient's 642 |
|---|
| 956 | | - | mental illness, and, unless the patient has transferred to a 643 |
|---|
| 957 | | - | voluntary status, the facility must discharge the patient at any 644 |
|---|
| 958 | | - | time he or she no longer meets the criteria for involuntary 645 |
|---|
| 959 | | - | inpatient treatment. The court may not order an individual with 646 |
|---|
| 960 | | - | a developmental disability as defined in s. 393.063, traumatic 647 |
|---|
| 961 | | - | brain injury, or dementia who lacks a co -occurring mental 648 |
|---|
| 962 | | - | illness to be involuntarily placed in a state treatment 649 |
|---|
| 963 | | - | facility. The facility shall discharg e a patient any time the 650 |
|---|
| 964 | | - | |
|---|
| 965 | | - | CS/CS/HB 1143 2022 |
|---|
| 966 | | - | |
|---|
| 967 | | - | |
|---|
| 968 | | - | |
|---|
| 969 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 970 | | - | hb1143-02-c2 |
|---|
| 939 | + | If the patient cannot afford such an examination, the court 626 |
|---|
| 940 | + | shall ensure that one is provided, as otherwise provided for by 627 |
|---|
| 941 | + | law. The independent expert's report is confidential and not 628 |
|---|
| 942 | + | discoverable, unless the expert is to be called as a witness for 629 |
|---|
| 943 | + | the patient at the hearing. The testimony in the hearing must be 630 |
|---|
| 944 | + | given under oath, and the proceedings must be recorded. The 631 |
|---|
| 945 | + | patient may refuse to testify at the heari ng. 632 |
|---|
| 946 | + | (b) If the court concludes that the patient meets the 633 |
|---|
| 947 | + | criteria for involuntary inpatient placement, it may order that 634 |
|---|
| 948 | + | the patient be transferred to a treatment facility or, if the 635 |
|---|
| 949 | + | patient is at a treatment facility, that the patient be retained 636 |
|---|
| 950 | + | there or be treated at any other appropriate facility, or that 637 |
|---|
| 951 | + | the patient receive services, on an involuntary basis, for up to 638 |
|---|
| 952 | + | 90 days. However, any order for involuntary mental health 639 |
|---|
| 953 | + | services in a treatment facility may be for up to 6 months. The 640 |
|---|
| 954 | + | order shall specify the nature and extent of the patient's 641 |
|---|
| 955 | + | mental illness, and, unless the patient has transferred to a 642 |
|---|
| 956 | + | voluntary status, the facility must discharge the patient at any 643 |
|---|
| 957 | + | time he or she no longer meets the criteria for involuntary 644 |
|---|
| 958 | + | inpatient treatment. The court may not order an individual with 645 |
|---|
| 959 | + | a developmental disability as defined in s. 393.063, traumatic 646 |
|---|
| 960 | + | brain injury, or dementia who lacks a co -occurring mental 647 |
|---|
| 961 | + | illness to be involuntarily placed in a state treatment 648 |
|---|
| 962 | + | facility. The facility shall discharg e a patient any time the 649 |
|---|
| 963 | + | patient no longer meets the criteria for involuntary inpatient 650 |
|---|
| 964 | + | |
|---|
| 965 | + | CS/HB 1143 2022 |
|---|
| 966 | + | |
|---|
| 967 | + | |
|---|
| 968 | + | |
|---|
| 969 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 970 | + | hb1143-01-c1 |
|---|
| 976 | | - | patient no longer meets the criteria for involuntary inpatient 651 |
|---|
| 977 | | - | placement, unless the patient has transferred to voluntary 652 |
|---|
| 978 | | - | status. 653 |
|---|
| 979 | | - | (c) If at any time before the conclusion of the 654 |
|---|
| 980 | | - | involuntary placement hearing on involuntary inpati ent placement 655 |
|---|
| 981 | | - | it appears to the court that the person does not meet the 656 |
|---|
| 982 | | - | criteria of for involuntary inpatient placement under this 657 |
|---|
| 983 | | - | section, but instead meets the criteria for involuntary 658 |
|---|
| 984 | | - | outpatient services, the court may order the person evaluated 659 |
|---|
| 985 | | - | for involuntary outpatient services pursuant to s. 394.4655. The 660 |
|---|
| 986 | | - | petition and hearing procedures set forth in s. 394.4655 shall 661 |
|---|
| 987 | | - | apply. If the person instead meets the criteria for involuntary 662 |
|---|
| 988 | | - | assessment, protective custody, or involuntary admission or 663 |
|---|
| 989 | | - | treatment pursuant to s. 397.675, then the court may order the 664 |
|---|
| 990 | | - | person to be admitted for involuntary assessment for a period of 665 |
|---|
| 991 | | - | 5 days pursuant to s. 397.6957 s. 397.6811. Thereafter, all 666 |
|---|
| 992 | | - | proceedings are governed by chapter 397. 667 |
|---|
| 993 | | - | (7) PROCEDURE FOR CONTINUED INVOLUNT ARY INPATIENT 668 |
|---|
| 994 | | - | PLACEMENT.— 669 |
|---|
| 995 | | - | (d) If at a hearing it is shown that the patient continues 670 |
|---|
| 996 | | - | to meet the criteria for involuntary inpatient placement, the 671 |
|---|
| 997 | | - | administrative law judge shall sign the order for continued 672 |
|---|
| 998 | | - | involuntary inpatient placement for up to 90 days. However, any 673 |
|---|
| 999 | | - | order for involuntary mental health services in a treatment 674 |
|---|
| 1000 | | - | facility may be for up to 6 months. The same procedure shall be 675 |
|---|
| 1001 | | - | |
|---|
| 1002 | | - | CS/CS/HB 1143 2022 |
|---|
| 1003 | | - | |
|---|
| 1004 | | - | |
|---|
| 1005 | | - | |
|---|
| 1006 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1007 | | - | hb1143-02-c2 |
|---|
| 976 | + | placement, unless the patient has transferred to voluntary 651 |
|---|
| 977 | + | status. 652 |
|---|
| 978 | + | (c) If at any time before the conclusion of the 653 |
|---|
| 979 | + | involuntary placement hearing on involuntary inpati ent placement 654 |
|---|
| 980 | + | it appears to the court that the person does not meet the 655 |
|---|
| 981 | + | criteria of for involuntary inpatient placement under this 656 |
|---|
| 982 | + | section, but instead meets the criteria for involuntary 657 |
|---|
| 983 | + | outpatient services, the court may order the person evaluated 658 |
|---|
| 984 | + | for involuntary outpatient services pursuant to s. 394.4655. The 659 |
|---|
| 985 | + | petition and hearing procedures set forth in s. 394.4655 shall 660 |
|---|
| 986 | + | apply. If the person instead meets the criteria for involuntary 661 |
|---|
| 987 | + | assessment, protective custody, or involuntary admission or 662 |
|---|
| 988 | + | treatment pursuant to s. 397.675, then the court may order the 663 |
|---|
| 989 | + | person to be admitted for involuntary assessment for a period of 664 |
|---|
| 990 | + | 5 days pursuant to s. 397.6957 s. 397.6811. Thereafter, all 665 |
|---|
| 991 | + | proceedings are governed by chapter 397. 666 |
|---|
| 992 | + | (7) PROCEDURE FOR CONTINUED INVOLUNT ARY INPATIENT 667 |
|---|
| 993 | + | PLACEMENT.— 668 |
|---|
| 994 | + | (d) If at a hearing it is shown that the patient continues 669 |
|---|
| 995 | + | to meet the criteria for involuntary inpatient placement, the 670 |
|---|
| 996 | + | administrative law judge shall sign the order for continued 671 |
|---|
| 997 | + | involuntary inpatient placement for up to 90 days. However, any 672 |
|---|
| 998 | + | order for involuntary mental health services in a treatment 673 |
|---|
| 999 | + | facility may be for up to 6 months. The same procedure shall be 674 |
|---|
| 1000 | + | repeated before the expiration of each additional period the 675 |
|---|
| 1001 | + | |
|---|
| 1002 | + | CS/HB 1143 2022 |
|---|
| 1003 | + | |
|---|
| 1004 | + | |
|---|
| 1005 | + | |
|---|
| 1006 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1007 | + | hb1143-01-c1 |
|---|
| 1013 | | - | repeated before the expiration of each additional period the 676 |
|---|
| 1014 | | - | patient is retained. 677 |
|---|
| 1015 | | - | 678 |
|---|
| 1016 | | - | The procedure required in this s ubsection must be followed 679 |
|---|
| 1017 | | - | before the expiration of each additional period the patient is 680 |
|---|
| 1018 | | - | involuntarily receiving services. 681 |
|---|
| 1019 | | - | Section 8. Subsection (3) of section 394.495, Florida 682 |
|---|
| 1020 | | - | Statutes, is amended to read: 683 |
|---|
| 1021 | | - | 394.495 Child and adolescent mental health system of care; 684 |
|---|
| 1022 | | - | programs and services. — 685 |
|---|
| 1023 | | - | (3) Assessments must be performed by: 686 |
|---|
| 1024 | | - | (a) A clinical psychologist, clinical social worker, 687 |
|---|
| 1025 | | - | physician, psychiatric nurse, or psychiatrist, as those terms 688 |
|---|
| 1026 | | - | are defined in s. 394.455 professional as defined in s. 689 |
|---|
| 1027 | | - | 394.455(5), (7), (33), (36), or (37) ; 690 |
|---|
| 1028 | | - | (b) A professional licensed under chapter 491; or 691 |
|---|
| 1029 | | - | (c) A person who is under the direct supervision of a 692 |
|---|
| 1030 | | - | clinical psychologist, clinical social worker, physician, 693 |
|---|
| 1031 | | - | psychiatric nurse, or psychiatrist, as those terms are defined 694 |
|---|
| 1032 | | - | in s. 394.455, qualified professional as defined in s. 695 |
|---|
| 1033 | | - | 394.455(5), (7), (33), (36), or (37) or a professional licensed 696 |
|---|
| 1034 | | - | under chapter 491. 697 |
|---|
| 1035 | | - | Section 9. Subsection (5) of section 394.496, Florida 698 |
|---|
| 1036 | | - | Statutes, is amended to read: 699 |
|---|
| 1037 | | - | 394.496 Service planning.— 700 |
|---|
| 1038 | | - | |
|---|
| 1039 | | - | CS/CS/HB 1143 2022 |
|---|
| 1040 | | - | |
|---|
| 1041 | | - | |
|---|
| 1042 | | - | |
|---|
| 1043 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1044 | | - | hb1143-02-c2 |
|---|
| 1013 | + | patient is retained. 676 |
|---|
| 1014 | + | 677 |
|---|
| 1015 | + | The procedure required in this s ubsection must be followed 678 |
|---|
| 1016 | + | before the expiration of each additional period the patient is 679 |
|---|
| 1017 | + | involuntarily receiving services. 680 |
|---|
| 1018 | + | Section 8. Subsection (3) of section 394.495, Florida 681 |
|---|
| 1019 | + | Statutes, is amended to read: 682 |
|---|
| 1020 | + | 394.495 Child and adolescent mental health system of care; 683 |
|---|
| 1021 | + | programs and services. — 684 |
|---|
| 1022 | + | (3) Assessments must be performed by: 685 |
|---|
| 1023 | + | (a) A clinical psychologist, clinical social worker, 686 |
|---|
| 1024 | + | physician, psychiatric nurse, or psychiatrist, as those terms 687 |
|---|
| 1025 | + | are defined in s. 394.455 professional as defined in s. 688 |
|---|
| 1026 | + | 394.455(5), (7), (33), (36), or (37) ; 689 |
|---|
| 1027 | + | (b) A professional licensed under chapter 491; or 690 |
|---|
| 1028 | + | (c) A person who is under the direct supervision of a 691 |
|---|
| 1029 | + | clinical psychologist, clinical social worker, physician, 692 |
|---|
| 1030 | + | psychiatric nurse, or psychiatrist, as those terms are defined 693 |
|---|
| 1031 | + | in s. 394.455, qualified professional as defined in s. 694 |
|---|
| 1032 | + | 394.455(5), (7), (33), (36), or (37) or a professional licensed 695 |
|---|
| 1033 | + | under chapter 491. 696 |
|---|
| 1034 | + | Section 9. Subsection (5) of section 394.496, Florida 697 |
|---|
| 1035 | + | Statutes, is amended to read: 698 |
|---|
| 1036 | + | 394.496 Service planning.— 699 |
|---|
| 1037 | + | (5) A clinical psychologist, clinical social worker, 700 |
|---|
| 1038 | + | |
|---|
| 1039 | + | CS/HB 1143 2022 |
|---|
| 1040 | + | |
|---|
| 1041 | + | |
|---|
| 1042 | + | |
|---|
| 1043 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1044 | + | hb1143-01-c1 |
|---|
| 1050 | | - | (5) A clinical psychologist, clinical social worker, 701 |
|---|
| 1051 | | - | physician, psychiatric nurse, or psychiatrist, as those terms 702 |
|---|
| 1052 | | - | are defined in s. 394.455, professional as defined in s. 703 |
|---|
| 1053 | | - | 394.455(5), (7), (33), (36), or (37) or a professional licensed 704 |
|---|
| 1054 | | - | under chapter 491 must be included among those persons 705 |
|---|
| 1055 | | - | developing the services plan. 706 |
|---|
| 1056 | | - | Section 10. Paragraph (a) of subsection (2) of section 707 |
|---|
| 1057 | | - | 394.499, Florida Statutes, is amended to read: 708 |
|---|
| 1058 | | - | 394.499 Integrated children's crisis stabilization 709 |
|---|
| 1059 | | - | unit/juvenile addictions receiving facility services. — 710 |
|---|
| 1060 | | - | (2) Children eligible to receive integrated children's 711 |
|---|
| 1061 | | - | crisis stabilization unit/juvenile addictions receiving facility 712 |
|---|
| 1062 | | - | services include: 713 |
|---|
| 1063 | | - | (a) A person under 18 years of age for whom voluntary 714 |
|---|
| 1064 | | - | application is made by h is or her parent or legal guardian, if 715 |
|---|
| 1065 | | - | such person is found to show evidence of mental illness and to 716 |
|---|
| 1066 | | - | be suitable for treatment pursuant to s. 394.4625. A person 717 |
|---|
| 1067 | | - | under 18 years of age may be admitted for integrated facility 718 |
|---|
| 1068 | | - | services only after a hearing to verify that the assent consent 719 |
|---|
| 1069 | | - | to admission is voluntary is conducted pursuant to s. 394.4625 . 720 |
|---|
| 1070 | | - | Section 11. Paragraph (c) of subsection (3) and subsection 721 |
|---|
| 1071 | | - | (5) of section 394.9086, Florida Statutes, are amended, and 722 |
|---|
| 1072 | | - | paragraphs (d) and (e) are added to subsection (3) of that 723 |
|---|
| 1073 | | - | section, to read: 724 |
|---|
| 1074 | | - | 394.9086 Commission on Mental Health and Substance Abuse. — 725 |
|---|
| 1075 | | - | |
|---|
| 1076 | | - | CS/CS/HB 1143 2022 |
|---|
| 1077 | | - | |
|---|
| 1078 | | - | |
|---|
| 1079 | | - | |
|---|
| 1080 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1081 | | - | hb1143-02-c2 |
|---|
| 1050 | + | physician, psychiatric nurse, or psychiatrist, as those terms 701 |
|---|
| 1051 | + | are defined in s. 394.455, professional as defined in s. 702 |
|---|
| 1052 | + | 394.455(5), (7), (33), (36), or (37) or a professional licensed 703 |
|---|
| 1053 | + | under chapter 491 must be included among those persons 704 |
|---|
| 1054 | + | developing the services plan. 705 |
|---|
| 1055 | + | Section 10. Paragraph (a) of subsection (2) of section 706 |
|---|
| 1056 | + | 394.499, Florida Statutes, is amended to read: 707 |
|---|
| 1057 | + | 394.499 Integrated children's crisis stabilization 708 |
|---|
| 1058 | + | unit/juvenile addictions receiving facility services. — 709 |
|---|
| 1059 | + | (2) Children eligible to receive integrated children's 710 |
|---|
| 1060 | + | crisis stabilization unit/juvenile addictions receiving facility 711 |
|---|
| 1061 | + | services include: 712 |
|---|
| 1062 | + | (a) A person under 18 years of age for whom voluntary 713 |
|---|
| 1063 | + | application is made by h is or her parent or legal guardian, if 714 |
|---|
| 1064 | + | such person is found to show evidence of mental illness and to 715 |
|---|
| 1065 | + | be suitable for treatment pursuant to s. 394.4625. A person 716 |
|---|
| 1066 | + | under 18 years of age may be admitted for integrated facility 717 |
|---|
| 1067 | + | services only after a hearing to verify that the assent consent 718 |
|---|
| 1068 | + | to admission is voluntary is conducted pursuant to s. 394.4625 . 719 |
|---|
| 1069 | + | Section 11. Paragraph (c) of subsection (3) and subsection 720 |
|---|
| 1070 | + | (5) of section 394.9086, Florida Statutes, are amended, and 721 |
|---|
| 1071 | + | paragraphs (d) and (e) are added to subsection (3) of that 722 |
|---|
| 1072 | + | section, to read: 723 |
|---|
| 1073 | + | 394.9086 Commission on Mental Health and Substance Abuse. — 724 |
|---|
| 1074 | + | (3) MEMBERSHIP; TERM LIMITS; MEETINGS. — 725 |
|---|
| 1075 | + | |
|---|
| 1076 | + | CS/HB 1143 2022 |
|---|
| 1077 | + | |
|---|
| 1078 | + | |
|---|
| 1079 | + | |
|---|
| 1080 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1081 | + | hb1143-01-c1 |
|---|
| 1087 | | - | (3) MEMBERSHIP; TERM LIMITS; MEETINGS. — 726 |
|---|
| 1088 | | - | (c) The commission shall convene no later than September 727 |
|---|
| 1089 | | - | 1, 2021. The commission shall meet quarterly or upon the call of 728 |
|---|
| 1090 | | - | the chair. The commission may shall hold its meetings in person 729 |
|---|
| 1091 | | - | or via teleconference or other electronic means. 730 |
|---|
| 1092 | | - | (d) Members of the commission are entitled to receive 731 |
|---|
| 1093 | | - | reimbursement for per diem and travel expenses pursuant to s. 732 |
|---|
| 1094 | | - | 112.061. 733 |
|---|
| 1095 | | - | (e) Notwithstanding any other law, the commission may 734 |
|---|
| 1096 | | - | request and shall be provided with access to any information or 735 |
|---|
| 1097 | | - | records, including exempt or confidential and exempt information 736 |
|---|
| 1098 | | - | or records, which are necessary for the commission to carry out 737 |
|---|
| 1099 | | - | its duties. Information or records obtained by the commission 738 |
|---|
| 1100 | | - | which are otherwise exempt or confidential and exempt shall 739 |
|---|
| 1101 | | - | retain such exempt or confidential and exempt status, and the 740 |
|---|
| 1102 | | - | commission may not disclose any such information or records. 741 |
|---|
| 1103 | | - | (5) REPORTS.—By January 1, 2023 September 1, 2022, the 742 |
|---|
| 1104 | | - | commission shall submit an interim report to the President of 743 |
|---|
| 1105 | | - | the Senate, the Speaker of the House of Representatives, and the 744 |
|---|
| 1106 | | - | Governor containing its findings and recommendations on how to 745 |
|---|
| 1107 | | - | best provide and facilitate men tal health and substance abuse 746 |
|---|
| 1108 | | - | services in the state. The commission shall submit its final 747 |
|---|
| 1109 | | - | report to the President of the Senate, the Speaker of the House 748 |
|---|
| 1110 | | - | of Representatives, and the Governor by September 1, 2023. 749 |
|---|
| 1111 | | - | Section 12. Subsection (3) of section 397.305, Florida 750 |
|---|
| 1112 | | - | |
|---|
| 1113 | | - | CS/CS/HB 1143 2022 |
|---|
| 1114 | | - | |
|---|
| 1115 | | - | |
|---|
| 1116 | | - | |
|---|
| 1117 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1118 | | - | hb1143-02-c2 |
|---|
| 1087 | + | (c) The commission shall convene no later than September 726 |
|---|
| 1088 | + | 1, 2021. The commission shall meet quarterly or upon the call of 727 |
|---|
| 1089 | + | the chair. The commission may shall hold its meetings in person 728 |
|---|
| 1090 | + | or via teleconference or other electronic means. 729 |
|---|
| 1091 | + | (d) Members of the commission are entitled to receive 730 |
|---|
| 1092 | + | reimbursement for per diem and travel expenses pursuant to s. 731 |
|---|
| 1093 | + | 112.061. 732 |
|---|
| 1094 | + | (e) Notwithstanding any other law, the commission may 733 |
|---|
| 1095 | + | request and shall be provided with access to any information or 734 |
|---|
| 1096 | + | records, including exempt or confidential and exempt information 735 |
|---|
| 1097 | + | or records, which are necessary for the commission to carry out 736 |
|---|
| 1098 | + | its duties. Information or records obtained by the commission 737 |
|---|
| 1099 | + | which are otherwise exempt or confidential and exempt shall 738 |
|---|
| 1100 | + | retain such exempt or confidential and exempt status, and the 739 |
|---|
| 1101 | + | commission may not disclose any such information or records. 740 |
|---|
| 1102 | + | (5) REPORTS.—By January 1, 2023 September 1, 2022, the 741 |
|---|
| 1103 | + | commission shall submit an interim report to the President of 742 |
|---|
| 1104 | + | the Senate, the Speaker of the House of Representatives, and the 743 |
|---|
| 1105 | + | Governor containing its findings and recommendations on how to 744 |
|---|
| 1106 | + | best provide and facilitate men tal health and substance abuse 745 |
|---|
| 1107 | + | services in the state. The commission shall submit its final 746 |
|---|
| 1108 | + | report to the President of the Senate, the Speaker of the House 747 |
|---|
| 1109 | + | of Representatives, and the Governor by September 1, 2023. 748 |
|---|
| 1110 | + | Section 12. Subsection (3) of section 397.305, Florida 749 |
|---|
| 1111 | + | Statutes, is amended to read: 750 |
|---|
| 1112 | + | |
|---|
| 1113 | + | CS/HB 1143 2022 |
|---|
| 1114 | + | |
|---|
| 1115 | + | |
|---|
| 1116 | + | |
|---|
| 1117 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1118 | + | hb1143-01-c1 |
|---|
| 1124 | | - | Statutes, is amended to read: 751 |
|---|
| 1125 | | - | 397.305 Legislative findings, intent, and purpose. — 752 |
|---|
| 1126 | | - | (3) It is the purpose of this chapter to provide for a 753 |
|---|
| 1127 | | - | comprehensive continuum of accessible and quality substance 754 |
|---|
| 1128 | | - | abuse prevention, intervention, clini cal treatment, and recovery 755 |
|---|
| 1129 | | - | support services in the most appropriate and least restrictive 756 |
|---|
| 1130 | | - | environment which promotes long -term recovery while protecting 757 |
|---|
| 1131 | | - | and respecting the rights of individuals, primarily through 758 |
|---|
| 1132 | | - | community-based private not-for-profit providers working with 759 |
|---|
| 1133 | | - | local governmental programs involving a wide range of agencies 760 |
|---|
| 1134 | | - | from both the public and private sectors. 761 |
|---|
| 1135 | | - | Section 13. Subsections (19) and (23) of section 397.311, 762 |
|---|
| 1136 | | - | Florida Statutes, are amended to read: 763 |
|---|
| 1137 | | - | 397.311 Definitions. —As used in this chapter, except part 764 |
|---|
| 1138 | | - | VIII, the term: 765 |
|---|
| 1139 | | - | (19) "Impaired" or "substance abuse impaired" means having 766 |
|---|
| 1140 | | - | a substance use disorder or a condition involving the use of 767 |
|---|
| 1141 | | - | alcoholic beverages, illicit or prescription drugs, or any 768 |
|---|
| 1142 | | - | psychoactive or mood -altering substance in such a manner as to 769 |
|---|
| 1143 | | - | induce mental, emotional, or physical problems or and cause 770 |
|---|
| 1144 | | - | socially dysfunctional behavior. 771 |
|---|
| 1145 | | - | (23) "Involuntary treatment services" means an array of 772 |
|---|
| 1146 | | - | behavioral health services that may be ordered by the court for 773 |
|---|
| 1147 | | - | persons with substance abuse impairment or co -occurring 774 |
|---|
| 1148 | | - | substance abuse impairment and mental health disorders. 775 |
|---|
| 1149 | | - | |
|---|
| 1150 | | - | CS/CS/HB 1143 2022 |
|---|
| 1151 | | - | |
|---|
| 1152 | | - | |
|---|
| 1153 | | - | |
|---|
| 1154 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1155 | | - | hb1143-02-c2 |
|---|
| 1124 | + | 397.305 Legislative findings, intent, and purpose. — 751 |
|---|
| 1125 | + | (3) It is the purpose of this chapter to provide for a 752 |
|---|
| 1126 | + | comprehensive continuum of accessible and quality substance 753 |
|---|
| 1127 | + | abuse prevention, intervention, clini cal treatment, and recovery 754 |
|---|
| 1128 | + | support services in the most appropriate and least restrictive 755 |
|---|
| 1129 | + | environment which promotes long -term recovery while protecting 756 |
|---|
| 1130 | + | and respecting the rights of individuals, primarily through 757 |
|---|
| 1131 | + | community-based private not-for-profit providers working with 758 |
|---|
| 1132 | + | local governmental programs involving a wide range of agencies 759 |
|---|
| 1133 | + | from both the public and private sectors. 760 |
|---|
| 1134 | + | Section 13. Subsections (19) and (23) of section 397.311, 761 |
|---|
| 1135 | + | Florida Statutes, are amended to read: 762 |
|---|
| 1136 | + | 397.311 Definitions. —As used in this chapter, except part 763 |
|---|
| 1137 | + | VIII, the term: 764 |
|---|
| 1138 | + | (19) "Impaired" or "substance abuse impaired" means having 765 |
|---|
| 1139 | + | a substance use disorder or a condition involving the use of 766 |
|---|
| 1140 | + | alcoholic beverages, illicit or prescription drugs, or any 767 |
|---|
| 1141 | + | psychoactive or mood -altering substance in such a manner as to 768 |
|---|
| 1142 | + | induce mental, emotional, or physical problems or and cause 769 |
|---|
| 1143 | + | socially dysfunctional behavior. 770 |
|---|
| 1144 | + | (23) "Involuntary treatment services" means an array of 771 |
|---|
| 1145 | + | behavioral health services that may be ordered by the court for 772 |
|---|
| 1146 | + | persons with substance abuse impairment or co -occurring 773 |
|---|
| 1147 | + | substance abuse impairment and mental health disorders. 774 |
|---|
| 1148 | + | Section 14. Section 397.341, Florida Statutes, is created 775 |
|---|
| 1149 | + | |
|---|
| 1150 | + | CS/HB 1143 2022 |
|---|
| 1151 | + | |
|---|
| 1152 | + | |
|---|
| 1153 | + | |
|---|
| 1154 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1155 | + | hb1143-01-c1 |
|---|
| 1161 | | - | Section 14. Section 397.341, Florida Statutes, is created 776 |
|---|
| 1162 | | - | to read: 777 |
|---|
| 1163 | | - | 397.341 Transportation of individuals by law enforcement 778 |
|---|
| 1164 | | - | officers.—A law enforcement officer transporting an individual 779 |
|---|
| 1165 | | - | pursuant to this chapter shall restrain that individual in the 780 |
|---|
| 1166 | | - | least restrictive manner available and appropriate under the 781 |
|---|
| 1167 | | - | circumstances. 782 |
|---|
| 1168 | | - | Section 15. Subsection (11) is added to section 397.501, 783 |
|---|
| 1169 | | - | Florida Statutes, to read: 784 |
|---|
| 1170 | | - | 397.501 Rights of individuals. —Individuals receiving 785 |
|---|
| 1171 | | - | substance abuse services from any service provider are 786 |
|---|
| 1172 | | - | guaranteed protection of the righ ts specified in this section, 787 |
|---|
| 1173 | | - | unless otherwise expressly provided, and service providers must 788 |
|---|
| 1174 | | - | ensure the protection of such rights. 789 |
|---|
| 1175 | | - | (11) POST-DISCHARGE CONTINUUM OF CARE. —Upon discharge, a 790 |
|---|
| 1176 | | - | facility must provide, in writing, information to an individual 791 |
|---|
| 1177 | | - | with a substance use disorder, at a minimum, regarding services 792 |
|---|
| 1178 | | - | available in the individual's geographic area which would assist 793 |
|---|
| 1179 | | - | in the individual's recovery. 794 |
|---|
| 1180 | | - | Section 16. Section 397.675, Florida Statutes, is amended 795 |
|---|
| 1181 | | - | to read: 796 |
|---|
| 1182 | | - | 397.675 Criteria for invo luntary admissions, including 797 |
|---|
| 1183 | | - | protective custody, emergency admission, and other involuntary 798 |
|---|
| 1184 | | - | assessment, involuntary treatment, and alternative involuntary 799 |
|---|
| 1185 | | - | assessment for minors, for purposes of assessment and 800 |
|---|
| 1186 | | - | |
|---|
| 1187 | | - | CS/CS/HB 1143 2022 |
|---|
| 1188 | | - | |
|---|
| 1189 | | - | |
|---|
| 1190 | | - | |
|---|
| 1191 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1192 | | - | hb1143-02-c2 |
|---|
| 1161 | + | to read: 776 |
|---|
| 1162 | + | 397.341 Transportation of individuals by law enforcement 777 |
|---|
| 1163 | + | officers.—A law enforcement officer transporting an individual 778 |
|---|
| 1164 | + | pursuant to this chapter shall restrain that individual in the 779 |
|---|
| 1165 | + | least restrictive manner available and appropriate under the 780 |
|---|
| 1166 | + | circumstances. 781 |
|---|
| 1167 | + | Section 15. Subsection (11) is added to section 397.501, 782 |
|---|
| 1168 | + | Florida Statutes, to read: 783 |
|---|
| 1169 | + | 397.501 Rights of individuals. —Individuals receiving 784 |
|---|
| 1170 | + | substance abuse services from any service provider are 785 |
|---|
| 1171 | + | guaranteed protection of the righ ts specified in this section, 786 |
|---|
| 1172 | + | unless otherwise expressly provided, and service providers must 787 |
|---|
| 1173 | + | ensure the protection of such rights. 788 |
|---|
| 1174 | + | (11) POST-DISCHARGE CONTINUUM OF CARE. —Upon discharge, a 789 |
|---|
| 1175 | + | facility must provide, in writing, information to an individual 790 |
|---|
| 1176 | + | with a substance use disorder, at a minimum, regarding services 791 |
|---|
| 1177 | + | available in the individual's geographic area which would assist 792 |
|---|
| 1178 | + | in the individual's recovery. 793 |
|---|
| 1179 | + | Section 16. Section 397.675, Florida Statutes, is amended 794 |
|---|
| 1180 | + | to read: 795 |
|---|
| 1181 | + | 397.675 Criteria for invo luntary admissions, including 796 |
|---|
| 1182 | + | protective custody, emergency admission, and other involuntary 797 |
|---|
| 1183 | + | assessment, involuntary treatment, and alternative involuntary 798 |
|---|
| 1184 | + | assessment for minors, for purposes of assessment and 799 |
|---|
| 1185 | + | stabilization, and for involuntary treatment. —A person meets the 800 |
|---|
| 1186 | + | |
|---|
| 1187 | + | CS/HB 1143 2022 |
|---|
| 1188 | + | |
|---|
| 1189 | + | |
|---|
| 1190 | + | |
|---|
| 1191 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1192 | + | hb1143-01-c1 |
|---|
| 1198 | | - | stabilization, and for involuntary treatment. —A person meets the 801 |
|---|
| 1199 | | - | criteria for involuntary admission if there is good faith reason 802 |
|---|
| 1200 | | - | to believe that the person is substance abuse impaired or has a 803 |
|---|
| 1201 | | - | substance use disorder and a co-occurring mental health disorder 804 |
|---|
| 1202 | | - | and, because of such impairment or disorder : 805 |
|---|
| 1203 | | - | (1) Has lost the power of self -control with respect to 806 |
|---|
| 1204 | | - | substance abuse; and 807 |
|---|
| 1205 | | - | (2)(a) Is in need of substance abuse services and, by 808 |
|---|
| 1206 | | - | reason of substance abuse impairment, his or her judgment has 809 |
|---|
| 1207 | | - | been so impaired that he or she is incapable of appreciati ng his 810 |
|---|
| 1208 | | - | or her need for such services and of making a rational decision 811 |
|---|
| 1209 | | - | in that regard, although mere refusal to receive such services 812 |
|---|
| 1210 | | - | does not constitute evidence of lack of judgment with respect to 813 |
|---|
| 1211 | | - | his or her need for such services; or 814 |
|---|
| 1212 | | - | (b) Without care or treatment, is likely to suffer from 815 |
|---|
| 1213 | | - | neglect or refuse to care for himself or herself; that such 816 |
|---|
| 1214 | | - | neglect or refusal poses a real and present threat of 817 |
|---|
| 1215 | | - | substantial harm to his or her well -being; and that it is not 818 |
|---|
| 1216 | | - | apparent that such harm may be avoided th rough the help of 819 |
|---|
| 1217 | | - | willing family members or friends or the provision of other 820 |
|---|
| 1218 | | - | services, or there is substantial likelihood that the person has 821 |
|---|
| 1219 | | - | inflicted, or threatened to or attempted to inflict, or, unless 822 |
|---|
| 1220 | | - | admitted, is likely to inflict, physical harm on himself, 823 |
|---|
| 1221 | | - | herself, or another. 824 |
|---|
| 1222 | | - | Section 17. Subsection (1) of section 397.6751, Florida 825 |
|---|
| 1223 | | - | |
|---|
| 1224 | | - | CS/CS/HB 1143 2022 |
|---|
| 1225 | | - | |
|---|
| 1226 | | - | |
|---|
| 1227 | | - | |
|---|
| 1228 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1229 | | - | hb1143-02-c2 |
|---|
| 1198 | + | criteria for involuntary admission if there is good faith reason 801 |
|---|
| 1199 | + | to believe that the person is substance abuse impaired or has a 802 |
|---|
| 1200 | + | substance use disorder and a co-occurring mental health disorder 803 |
|---|
| 1201 | + | and, because of such impairment or disorder : 804 |
|---|
| 1202 | + | (1) Has lost the power of self -control with respect to 805 |
|---|
| 1203 | + | substance abuse; and 806 |
|---|
| 1204 | + | (2)(a) Is in need of substance abuse services and, by 807 |
|---|
| 1205 | + | reason of substance abuse impairment, his or her judgment has 808 |
|---|
| 1206 | + | been so impaired that he or she is incapable of appreciati ng his 809 |
|---|
| 1207 | + | or her need for such services and of making a rational decision 810 |
|---|
| 1208 | + | in that regard, although mere refusal to receive such services 811 |
|---|
| 1209 | + | does not constitute evidence of lack of judgment with respect to 812 |
|---|
| 1210 | + | his or her need for such services; or 813 |
|---|
| 1211 | + | (b) Without care or treatment, is likely to suffer from 814 |
|---|
| 1212 | + | neglect or refuse to care for himself or herself; that such 815 |
|---|
| 1213 | + | neglect or refusal poses a real and present threat of 816 |
|---|
| 1214 | + | substantial harm to his or her well -being; and that it is not 817 |
|---|
| 1215 | + | apparent that such harm may be avoided th rough the help of 818 |
|---|
| 1216 | + | willing family members or friends or the provision of other 819 |
|---|
| 1217 | + | services, or there is substantial likelihood that the person has 820 |
|---|
| 1218 | + | inflicted, or threatened to or attempted to inflict, or, unless 821 |
|---|
| 1219 | + | admitted, is likely to inflict, physical harm on himself, 822 |
|---|
| 1220 | + | herself, or another. 823 |
|---|
| 1221 | + | Section 17. Subsection (1) of section 397.6751, Florida 824 |
|---|
| 1222 | + | Statutes, is amended to read: 825 |
|---|
| 1223 | + | |
|---|
| 1224 | + | CS/HB 1143 2022 |
|---|
| 1225 | + | |
|---|
| 1226 | + | |
|---|
| 1227 | + | |
|---|
| 1228 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1229 | + | hb1143-01-c1 |
|---|
| 1235 | | - | Statutes, is amended to read: 826 |
|---|
| 1236 | | - | 397.6751 Service provider responsibilities regarding 827 |
|---|
| 1237 | | - | involuntary admissions. — 828 |
|---|
| 1238 | | - | (1) It is the responsibility of the service provider t o: 829 |
|---|
| 1239 | | - | (a) Ensure that a person who is admitted to a licensed 830 |
|---|
| 1240 | | - | service component meets the admission criteria specified in s. 831 |
|---|
| 1241 | | - | 397.675; 832 |
|---|
| 1242 | | - | (b) Ascertain whether the medical and behavioral 833 |
|---|
| 1243 | | - | conditions of the person, as presented, are beyond the safe 834 |
|---|
| 1244 | | - | management capabilities of the service provider; 835 |
|---|
| 1245 | | - | (c) Provide for the admission of the person to the service 836 |
|---|
| 1246 | | - | component that represents the most appropriate and least 837 |
|---|
| 1247 | | - | restrictive available setting that is responsive to the person's 838 |
|---|
| 1248 | | - | treatment needs; 839 |
|---|
| 1249 | | - | (d) Verify that the admission of the person to the service 840 |
|---|
| 1250 | | - | component does not result in a census in excess of its licensed 841 |
|---|
| 1251 | | - | service capacity; 842 |
|---|
| 1252 | | - | (e) Determine whether the cost of services is within the 843 |
|---|
| 1253 | | - | financial means of the person or those who are financially 844 |
|---|
| 1254 | | - | responsible for the person's care; and 845 |
|---|
| 1255 | | - | (f) Take all necessary measures to ensure that each 846 |
|---|
| 1256 | | - | individual in treatment is provided with a safe environment, and 847 |
|---|
| 1257 | | - | to ensure that each individual whose medical condition or 848 |
|---|
| 1258 | | - | behavioral problem becomes such that he or she cannot be safely 849 |
|---|
| 1259 | | - | managed by the service component is discharged and referred to a 850 |
|---|
| 1260 | | - | |
|---|
| 1261 | | - | CS/CS/HB 1143 2022 |
|---|
| 1262 | | - | |
|---|
| 1263 | | - | |
|---|
| 1264 | | - | |
|---|
| 1265 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1266 | | - | hb1143-02-c2 |
|---|
| 1235 | + | 397.6751 Service provider responsibilities regarding 826 |
|---|
| 1236 | + | involuntary admissions. — 827 |
|---|
| 1237 | + | (1) It is the responsibility of the service provider t o: 828 |
|---|
| 1238 | + | (a) Ensure that a person who is admitted to a licensed 829 |
|---|
| 1239 | + | service component meets the admission criteria specified in s. 830 |
|---|
| 1240 | + | 397.675; 831 |
|---|
| 1241 | + | (b) Ascertain whether the medical and behavioral 832 |
|---|
| 1242 | + | conditions of the person, as presented, are beyond the safe 833 |
|---|
| 1243 | + | management capabilities of the service provider; 834 |
|---|
| 1244 | + | (c) Provide for the admission of the person to the service 835 |
|---|
| 1245 | + | component that represents the most appropriate and least 836 |
|---|
| 1246 | + | restrictive available setting that is responsive to the person's 837 |
|---|
| 1247 | + | treatment needs; 838 |
|---|
| 1248 | + | (d) Verify that the admission of the person to the service 839 |
|---|
| 1249 | + | component does not result in a census in excess of its licensed 840 |
|---|
| 1250 | + | service capacity; 841 |
|---|
| 1251 | + | (e) Determine whether the cost of services is within the 842 |
|---|
| 1252 | + | financial means of the person or those who are financially 843 |
|---|
| 1253 | + | responsible for the person's care; and 844 |
|---|
| 1254 | + | (f) Take all necessary measures to ensure that each 845 |
|---|
| 1255 | + | individual in treatment is provided with a safe environment, and 846 |
|---|
| 1256 | + | to ensure that each individual whose medical condition or 847 |
|---|
| 1257 | + | behavioral problem becomes such that he or she cannot be safely 848 |
|---|
| 1258 | + | managed by the service component is discharged and referred to a 849 |
|---|
| 1259 | + | more appropriate setting for care. 850 |
|---|
| 1260 | + | |
|---|
| 1261 | + | CS/HB 1143 2022 |
|---|
| 1262 | + | |
|---|
| 1263 | + | |
|---|
| 1264 | + | |
|---|
| 1265 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1266 | + | hb1143-01-c1 |
|---|
| 1272 | | - | more appropriate setting for care. 851 |
|---|
| 1273 | | - | Section 18. Section 397.681, Florida Statutes, is amended 852 |
|---|
| 1274 | | - | to read: 853 |
|---|
| 1275 | | - | 397.681 Involuntary petitions; general provisions; court 854 |
|---|
| 1276 | | - | jurisdiction and right to counsel.— 855 |
|---|
| 1277 | | - | (1) JURISDICTION.—The courts have jurisdiction of 856 |
|---|
| 1278 | | - | involuntary assessment and stabilization petitions and 857 |
|---|
| 1279 | | - | involuntary treatment petitions for substance abuse impaired 858 |
|---|
| 1280 | | - | persons, and such petitions must be filed with the clerk of the 859 |
|---|
| 1281 | | - | court in the county where the person is located or resides. The 860 |
|---|
| 1282 | | - | clerk of the court may not charge a fee for the filing of a 861 |
|---|
| 1283 | | - | petition under this section. The chief judge may appoint a 862 |
|---|
| 1284 | | - | general or special magistrate to preside over all or part of the 863 |
|---|
| 1285 | | - | proceedings related to the petition or any ancillary matters 864 |
|---|
| 1286 | | - | thereto. The alleged impaired person is named as the respondent. 865 |
|---|
| 1287 | | - | (2) RIGHT TO COUNSEL. —A respondent has the right to 866 |
|---|
| 1288 | | - | counsel at every stage of a proceeding relating to a petition 867 |
|---|
| 1289 | | - | for his or her involuntary assessment and a petition for his or 868 |
|---|
| 1290 | | - | her involuntary treatment for substance abuse impairment. A 869 |
|---|
| 1291 | | - | respondent who desires counsel and is unable to afford private 870 |
|---|
| 1292 | | - | counsel has the right to court -appointed counsel and to the 871 |
|---|
| 1293 | | - | benefits of s. 57.081. If the cour t believes that the respondent 872 |
|---|
| 1294 | | - | needs the assistance of counsel, the court shall appoint such 873 |
|---|
| 1295 | | - | counsel for the respondent without regard to the respondent's 874 |
|---|
| 1296 | | - | wishes. If the respondent is a minor not otherwise represented 875 |
|---|
| 1297 | | - | |
|---|
| 1298 | | - | CS/CS/HB 1143 2022 |
|---|
| 1299 | | - | |
|---|
| 1300 | | - | |
|---|
| 1301 | | - | |
|---|
| 1302 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1303 | | - | hb1143-02-c2 |
|---|
| 1272 | + | Section 18. Section 397.681, Florida Statutes, is amended 851 |
|---|
| 1273 | + | to read: 852 |
|---|
| 1274 | + | 397.681 Involuntary petitions; general provisions; court 853 |
|---|
| 1275 | + | jurisdiction and right to counsel.— 854 |
|---|
| 1276 | + | (1) JURISDICTION.—The courts have jurisdiction of 855 |
|---|
| 1277 | + | involuntary assessment and stabilization petitions and 856 |
|---|
| 1278 | + | involuntary treatment petitions for substance abuse impaired 857 |
|---|
| 1279 | + | persons, and such petitions must be filed with the clerk of the 858 |
|---|
| 1280 | + | court in the county where the person is located or resides. The 859 |
|---|
| 1281 | + | clerk of the court may not charge a fee for the filing of a 860 |
|---|
| 1282 | + | petition under this section. The chief judge may appoint a 861 |
|---|
| 1283 | + | general or special magistrate to preside over all or part of the 862 |
|---|
| 1284 | + | proceedings related to the petition or any ancillary matters 863 |
|---|
| 1285 | + | thereto. The alleged impaired person is named as the respondent. 864 |
|---|
| 1286 | + | (2) RIGHT TO COUNSEL. —A respondent has the right to 865 |
|---|
| 1287 | + | counsel at every stage of a proceeding relating to a petition 866 |
|---|
| 1288 | + | for his or her involuntary assessment and a petition for his or 867 |
|---|
| 1289 | + | her involuntary treatment for substance abuse impairment. A 868 |
|---|
| 1290 | + | respondent who desires counsel and is unable to afford private 869 |
|---|
| 1291 | + | counsel has the right to court -appointed counsel and to the 870 |
|---|
| 1292 | + | benefits of s. 57.081. If the cour t believes that the respondent 871 |
|---|
| 1293 | + | needs the assistance of counsel, the court shall appoint such 872 |
|---|
| 1294 | + | counsel for the respondent without regard to the respondent's 873 |
|---|
| 1295 | + | wishes. If the respondent is a minor not otherwise represented 874 |
|---|
| 1296 | + | in the proceeding, the court shall imm ediately appoint a 875 |
|---|
| 1297 | + | |
|---|
| 1298 | + | CS/HB 1143 2022 |
|---|
| 1299 | + | |
|---|
| 1300 | + | |
|---|
| 1301 | + | |
|---|
| 1302 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1303 | + | hb1143-01-c1 |
|---|
| 1309 | | - | in the proceeding, the court shall imm ediately appoint a 876 |
|---|
| 1310 | | - | guardian ad litem to act on the minor's behalf. 877 |
|---|
| 1311 | | - | Section 19. Section 397.6811, Florida Statutes, is 878 |
|---|
| 1312 | | - | repealed. 879 |
|---|
| 1313 | | - | Section 20. Section 397.6814, Florida Statutes, is 880 |
|---|
| 1314 | | - | repealed. 881 |
|---|
| 1315 | | - | Section 21. Section 397.6815, Florida Statutes, is 882 |
|---|
| 1316 | | - | repealed. 883 |
|---|
| 1317 | | - | Section 22. Section 397.6818, Florida Statutes, is 884 |
|---|
| 1318 | | - | repealed. 885 |
|---|
| 1319 | | - | Section 23. Section 397.6819, Florida Statutes, is 886 |
|---|
| 1320 | | - | repealed. 887 |
|---|
| 1321 | | - | Section 24. Section 397.6821, Florida Statutes, is 888 |
|---|
| 1322 | | - | repealed. 889 |
|---|
| 1323 | | - | Section 25. Section 397.6822, Florida Statutes, is 890 |
|---|
| 1324 | | - | repealed. 891 |
|---|
| 1325 | | - | Section 26. Section 397.693, Florida Statutes, is amended 892 |
|---|
| 1326 | | - | to read: 893 |
|---|
| 1327 | | - | 397.693 Involuntary treatment. —A person may be the subject 894 |
|---|
| 1328 | | - | of a petition for court -ordered involuntary treatment pursuant 895 |
|---|
| 1329 | | - | to this part, if that person: 896 |
|---|
| 1330 | | - | (1) Reasonably appe ars to meet meets the criteria for 897 |
|---|
| 1331 | | - | involuntary admission provided in s. 397.675 ; and: 898 |
|---|
| 1332 | | - | (2)(1) Has been placed under protective custody pursuant 899 |
|---|
| 1333 | | - | to s. 397.677 within the previous 10 days; 900 |
|---|
| 1334 | | - | |
|---|
| 1335 | | - | CS/CS/HB 1143 2022 |
|---|
| 1336 | | - | |
|---|
| 1337 | | - | |
|---|
| 1338 | | - | |
|---|
| 1339 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1340 | | - | hb1143-02-c2 |
|---|
| 1309 | + | guardian ad litem to act on the minor's behalf. 876 |
|---|
| 1310 | + | Section 19. Section 397.6811, Florida Statutes, is 877 |
|---|
| 1311 | + | repealed. 878 |
|---|
| 1312 | + | Section 20. Section 397.6814, Florida Statutes, is 879 |
|---|
| 1313 | + | repealed. 880 |
|---|
| 1314 | + | Section 21. Section 397.6815, Florida Statutes, is 881 |
|---|
| 1315 | + | repealed. 882 |
|---|
| 1316 | + | Section 22. Section 397.6818, Florida Statutes, is 883 |
|---|
| 1317 | + | repealed. 884 |
|---|
| 1318 | + | Section 23. Section 397.6819, Florida Statutes, is 885 |
|---|
| 1319 | + | repealed. 886 |
|---|
| 1320 | + | Section 24. Section 397.6821, Florida Statutes, is 887 |
|---|
| 1321 | + | repealed. 888 |
|---|
| 1322 | + | Section 25. Section 397.6822, Florida Statutes, is 889 |
|---|
| 1323 | + | repealed. 890 |
|---|
| 1324 | + | Section 26. Section 397.693, Florida Statutes, is amended 891 |
|---|
| 1325 | + | to read: 892 |
|---|
| 1326 | + | 397.693 Involuntary treatment. —A person may be the subject 893 |
|---|
| 1327 | + | of a petition for court -ordered involuntary treatment pursuant 894 |
|---|
| 1328 | + | to this part, if that person: 895 |
|---|
| 1329 | + | (1) Reasonably appe ars to meet meets the criteria for 896 |
|---|
| 1330 | + | involuntary admission provided in s. 397.675 ; and: 897 |
|---|
| 1331 | + | (2)(1) Has been placed under protective custody pursuant 898 |
|---|
| 1332 | + | to s. 397.677 within the previous 10 days; 899 |
|---|
| 1333 | + | (3)(2) Has been subject to an emergency admission pursuant 900 |
|---|
| 1334 | + | |
|---|
| 1335 | + | CS/HB 1143 2022 |
|---|
| 1336 | + | |
|---|
| 1337 | + | |
|---|
| 1338 | + | |
|---|
| 1339 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1340 | + | hb1143-01-c1 |
|---|
| 1346 | | - | (3)(2) Has been subject to an emergency admission pursuant 901 |
|---|
| 1347 | | - | to s. 397.679 within the previous 10 days; or 902 |
|---|
| 1348 | | - | (4)(3) Has been assessed by a qualified professional 903 |
|---|
| 1349 | | - | within 30 5 days; 904 |
|---|
| 1350 | | - | (4) Has been subject to involuntary assessment and 905 |
|---|
| 1351 | | - | stabilization pursuant to s. 397.6818 within the previous 12 906 |
|---|
| 1352 | | - | days; or 907 |
|---|
| 1353 | | - | (5) Has been subjec t to alternative involuntary admission 908 |
|---|
| 1354 | | - | pursuant to s. 397.6822 within the previous 12 days . 909 |
|---|
| 1355 | | - | Section 27. Section 397.695, Florida Statutes, is amended 910 |
|---|
| 1356 | | - | to read: 911 |
|---|
| 1357 | | - | 397.695 Involuntary treatment services; persons who may 912 |
|---|
| 1358 | | - | petition.— 913 |
|---|
| 1359 | | - | (1) If the respondent is an adult, a petition for 914 |
|---|
| 1360 | | - | involuntary treatment services may be filed by the respondent's 915 |
|---|
| 1361 | | - | spouse or legal guardian, any relative, a service provider, or 916 |
|---|
| 1362 | | - | an adult who has direct personal knowledge of the respondent's 917 |
|---|
| 1363 | | - | substance abuse impairment and his or her prior course of 918 |
|---|
| 1364 | | - | assessment and treatment. 919 |
|---|
| 1365 | | - | (2) If the respondent is a minor, a petition for 920 |
|---|
| 1366 | | - | involuntary treatment may be filed by a parent, legal guardian, 921 |
|---|
| 1367 | | - | or service provider. 922 |
|---|
| 1368 | | - | (3) The court or the clerk of the court may waive or 923 |
|---|
| 1369 | | - | prohibit any service of process fees if a petitioner is 924 |
|---|
| 1370 | | - | determined to be indigent under s. 57.082. 925 |
|---|
| 1371 | | - | |
|---|
| 1372 | | - | CS/CS/HB 1143 2022 |
|---|
| 1373 | | - | |
|---|
| 1374 | | - | |
|---|
| 1375 | | - | |
|---|
| 1376 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1377 | | - | hb1143-02-c2 |
|---|
| 1346 | + | to s. 397.679 within the previous 10 days; or 901 |
|---|
| 1347 | + | (4)(3) Has been assessed by a qualified professional 902 |
|---|
| 1348 | + | within 30 5 days; 903 |
|---|
| 1349 | + | (4) Has been subject to involuntary assessment and 904 |
|---|
| 1350 | + | stabilization pursuant to s. 397.6818 within the previous 12 905 |
|---|
| 1351 | + | days; or 906 |
|---|
| 1352 | + | (5) Has been subjec t to alternative involuntary admission 907 |
|---|
| 1353 | + | pursuant to s. 397.6822 within the previous 12 days . 908 |
|---|
| 1354 | + | Section 27. Section 397.695, Florida Statutes, is amended 909 |
|---|
| 1355 | + | to read: 910 |
|---|
| 1356 | + | 397.695 Involuntary treatment services; persons who may 911 |
|---|
| 1357 | + | petition.— 912 |
|---|
| 1358 | + | (1) If the respondent is an adult, a petition for 913 |
|---|
| 1359 | + | involuntary treatment services may be filed by the respondent's 914 |
|---|
| 1360 | + | spouse or legal guardian, any relative, a service provider, or 915 |
|---|
| 1361 | + | an adult who has direct personal knowledge of the respondent's 916 |
|---|
| 1362 | + | substance abuse impairment and his or her prior course of 917 |
|---|
| 1363 | + | assessment and treatment. 918 |
|---|
| 1364 | + | (2) If the respondent is a minor, a petition for 919 |
|---|
| 1365 | + | involuntary treatment may be filed by a parent, legal guardian, 920 |
|---|
| 1366 | + | or service provider. 921 |
|---|
| 1367 | + | (3) The court or the clerk of the court may waive or 922 |
|---|
| 1368 | + | prohibit any service of process fees if a petitioner is 923 |
|---|
| 1369 | + | determined to be indigent under s. 57.082. 924 |
|---|
| 1370 | + | Section 28. Section 397.6951, Florida Statutes, is amended 925 |
|---|
| 1371 | + | |
|---|
| 1372 | + | CS/HB 1143 2022 |
|---|
| 1373 | + | |
|---|
| 1374 | + | |
|---|
| 1375 | + | |
|---|
| 1376 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1377 | + | hb1143-01-c1 |
|---|
| 1383 | | - | Section 28. Section 397.6951, Florida Statutes, is amended 926 |
|---|
| 1384 | | - | to read: 927 |
|---|
| 1385 | | - | 397.6951 Contents of petition for involuntary treatment 928 |
|---|
| 1386 | | - | services.— 929 |
|---|
| 1387 | | - | (1) A petition for involuntary treatment services must 930 |
|---|
| 1388 | | - | contain the name of the respondent; the name of the petitioner 931 |
|---|
| 1389 | | - | or petitioners; the relationship between the respondent and the 932 |
|---|
| 1390 | | - | petitioner; the name of the respondent's attorney, if known; the 933 |
|---|
| 1391 | | - | findings and recommendations of the assessment performed by the 934 |
|---|
| 1392 | | - | qualified professional; and the factual allegations presented by 935 |
|---|
| 1393 | | - | the petitioner establishing the need for involuntary outpatient 936 |
|---|
| 1394 | | - | services for substance abuse impairment . The factual allegations 937 |
|---|
| 1395 | | - | must demonstrate: 938 |
|---|
| 1396 | | - | (a)(1) The reason for the petitioner's belief that the 939 |
|---|
| 1397 | | - | respondent is substance abuse impaired; 940 |
|---|
| 1398 | | - | (b)(2) The reason for the petitioner's belief that because 941 |
|---|
| 1399 | | - | of such impairment the respondent Has lost the power of self -942 |
|---|
| 1400 | | - | control with respect to subs tance abuse; and 943 |
|---|
| 1401 | | - | (c)1.(3)(a) The reason the petitioner believes that the 944 |
|---|
| 1402 | | - | respondent has inflicted or is likely to inflict physical harm 945 |
|---|
| 1403 | | - | on himself or herself or others unless the court orders the 946 |
|---|
| 1404 | | - | involuntary services; or 947 |
|---|
| 1405 | | - | 2.(b) The reason the petitioner believes that the 948 |
|---|
| 1406 | | - | respondent's refusal to voluntarily receive care is based on 949 |
|---|
| 1407 | | - | judgment so impaired by reason of substance abuse that the 950 |
|---|
| 1408 | | - | |
|---|
| 1409 | | - | CS/CS/HB 1143 2022 |
|---|
| 1410 | | - | |
|---|
| 1411 | | - | |
|---|
| 1412 | | - | |
|---|
| 1413 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1414 | | - | hb1143-02-c2 |
|---|
| 1383 | + | to read: 926 |
|---|
| 1384 | + | 397.6951 Contents of petition for involuntary treatment 927 |
|---|
| 1385 | + | services.— 928 |
|---|
| 1386 | + | (1) A petition for involuntary treatment services must 929 |
|---|
| 1387 | + | contain the name of the respondent; the name of the petitioner 930 |
|---|
| 1388 | + | or petitioners; the relationship between the respondent and the 931 |
|---|
| 1389 | + | petitioner; the name of the respondent's attorney, if known; the 932 |
|---|
| 1390 | + | findings and recommendations of the assessment performed by the 933 |
|---|
| 1391 | + | qualified professional; and the factual allegations presented by 934 |
|---|
| 1392 | + | the petitioner establishing the need for involuntary outpatient 935 |
|---|
| 1393 | + | services for substance abuse impairment . The factual allegations 936 |
|---|
| 1394 | + | must demonstrate: 937 |
|---|
| 1395 | + | (a)(1) The reason for the petitioner's belief that the 938 |
|---|
| 1396 | + | respondent is substance abuse impaired; 939 |
|---|
| 1397 | + | (b)(2) The reason for the petitioner's belief that because 940 |
|---|
| 1398 | + | of such impairment the respondent Has lost the power of self -941 |
|---|
| 1399 | + | control with respect to subs tance abuse; and 942 |
|---|
| 1400 | + | (c)1.(3)(a) The reason the petitioner believes that the 943 |
|---|
| 1401 | + | respondent has inflicted or is likely to inflict physical harm 944 |
|---|
| 1402 | + | on himself or herself or others unless the court orders the 945 |
|---|
| 1403 | + | involuntary services; or 946 |
|---|
| 1404 | + | 2.(b) The reason the petitioner believes that the 947 |
|---|
| 1405 | + | respondent's refusal to voluntarily receive care is based on 948 |
|---|
| 1406 | + | judgment so impaired by reason of substance abuse that the 949 |
|---|
| 1407 | + | respondent is incapable of appreciating his or her need for care 950 |
|---|
| 1408 | + | |
|---|
| 1409 | + | CS/HB 1143 2022 |
|---|
| 1410 | + | |
|---|
| 1411 | + | |
|---|
| 1412 | + | |
|---|
| 1413 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1414 | + | hb1143-01-c1 |
|---|
| 1420 | | - | respondent is incapable of appreciating his or her need for care 951 |
|---|
| 1421 | | - | and of making a rational decision regarding that nee d for care. 952 |
|---|
| 1422 | | - | (2) The petition may be accompanied by a certificate or 953 |
|---|
| 1423 | | - | report of a qualified professional or a licensed physician who 954 |
|---|
| 1424 | | - | examined the respondent within 30 days before the petition was 955 |
|---|
| 1425 | | - | filed. This certificate or report must include the qualified 956 |
|---|
| 1426 | | - | professional's or physician's findings relating to his or her 957 |
|---|
| 1427 | | - | assessment of the patient and his or her treatment 958 |
|---|
| 1428 | | - | recommendations. If the respondent was not assessed before the 959 |
|---|
| 1429 | | - | filing of a treatment petition or refused to submit to an 960 |
|---|
| 1430 | | - | evaluation, the lack of assessment or refusal must be noted in 961 |
|---|
| 1431 | | - | the petition. 962 |
|---|
| 1432 | | - | (3) If there is an emergency, the petition must also 963 |
|---|
| 1433 | | - | describe the respondent's exigent circumstances and include a 964 |
|---|
| 1434 | | - | request for an ex parte assessment and stabilization order that 965 |
|---|
| 1435 | | - | must be executed pursuant to s. 397.6955(4). 966 |
|---|
| 1436 | | - | Section 29. Section 397.6955, Florida Statutes, is amended 967 |
|---|
| 1437 | | - | to read: 968 |
|---|
| 1438 | | - | 397.6955 Duties of court upon filing of petition for 969 |
|---|
| 1439 | | - | involuntary treatment services.— 970 |
|---|
| 1440 | | - | (1) Upon the filing of a petition for involuntary 971 |
|---|
| 1441 | | - | treatment services for a substance abuse impaired person with 972 |
|---|
| 1442 | | - | the clerk of the court, the court shall immediately determine 973 |
|---|
| 1443 | | - | whether the respondent is represented by an attorney or whether 974 |
|---|
| 1444 | | - | the appointment of counsel for the respondent is appropriate. 975 |
|---|
| 1445 | | - | |
|---|
| 1446 | | - | CS/CS/HB 1143 2022 |
|---|
| 1447 | | - | |
|---|
| 1448 | | - | |
|---|
| 1449 | | - | |
|---|
| 1450 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1451 | | - | hb1143-02-c2 |
|---|
| 1420 | + | and of making a rational decision regarding that nee d for care. 951 |
|---|
| 1421 | + | (2) The petition may be accompanied by a certificate or 952 |
|---|
| 1422 | + | report of a qualified professional or a licensed physician who 953 |
|---|
| 1423 | + | examined the respondent within 30 days before the petition was 954 |
|---|
| 1424 | + | filed. This certificate or report must include the qualified 955 |
|---|
| 1425 | + | professional's or physician's findings relating to his or her 956 |
|---|
| 1426 | + | assessment of the patient and his or her treatment 957 |
|---|
| 1427 | + | recommendations. If the respondent was not assessed before the 958 |
|---|
| 1428 | + | filing of a treatment petition or refused to submit to an 959 |
|---|
| 1429 | + | evaluation, the lack of assessment or refusal must be noted in 960 |
|---|
| 1430 | + | the petition. 961 |
|---|
| 1431 | + | (3) If there is an emergency, the petition must also 962 |
|---|
| 1432 | + | describe the respondent's exigent circumstances and include a 963 |
|---|
| 1433 | + | request for an ex parte assessment and stabilization order that 964 |
|---|
| 1434 | + | must be executed pursuant to s. 397.6955(4). 965 |
|---|
| 1435 | + | Section 29. Section 397.6955, Florida Statutes, is amended 966 |
|---|
| 1436 | + | to read: 967 |
|---|
| 1437 | + | 397.6955 Duties of court upon filing of petition for 968 |
|---|
| 1438 | + | involuntary treatment services.— 969 |
|---|
| 1439 | + | (1) Upon the filing of a petition for involuntary 970 |
|---|
| 1440 | + | treatment services for a substance abuse impaired person with 971 |
|---|
| 1441 | + | the clerk of the court, the court shall immediately determine 972 |
|---|
| 1442 | + | whether the respondent is represented by an attorney or whether 973 |
|---|
| 1443 | + | the appointment of counsel for the respondent is appropriate. 974 |
|---|
| 1444 | + | If, based on the content s of the petition, the court appoints 975 |
|---|
| 1445 | + | |
|---|
| 1446 | + | CS/HB 1143 2022 |
|---|
| 1447 | + | |
|---|
| 1448 | + | |
|---|
| 1449 | + | |
|---|
| 1450 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1451 | + | hb1143-01-c1 |
|---|
| 1457 | | - | If, based on the content s of the petition, the court appoints 976 |
|---|
| 1458 | | - | counsel for the person, the clerk of the court shall immediately 977 |
|---|
| 1459 | | - | notify the office of criminal conflict and civil regional 978 |
|---|
| 1460 | | - | counsel, created pursuant to s. 27.511, of the appointment. The 979 |
|---|
| 1461 | | - | office of criminal conflict and civil regional counsel shall 980 |
|---|
| 1462 | | - | represent the person until the petition is dismissed, the court 981 |
|---|
| 1463 | | - | order expires, or the person is discharged from involuntary 982 |
|---|
| 1464 | | - | treatment services, or the office is otherwise discharged by the 983 |
|---|
| 1465 | | - | court. An attorney that represents th e person named in the 984 |
|---|
| 1466 | | - | petition shall have access to the person, witnesses, and records 985 |
|---|
| 1467 | | - | relevant to the presentation of the person's case and shall 986 |
|---|
| 1468 | | - | represent the interests of the person, regardless of the source 987 |
|---|
| 1469 | | - | of payment to the attorney. 988 |
|---|
| 1470 | | - | (2) The court shall schedule a hearing to be held on the 989 |
|---|
| 1471 | | - | petition within 10 court working 5 days unless a continuance is 990 |
|---|
| 1472 | | - | granted. The court may appoint a magistrate to preside at the 991 |
|---|
| 1473 | | - | hearing. 992 |
|---|
| 1474 | | - | (3) A copy of the petition and notice of the hearing must 993 |
|---|
| 1475 | | - | be provided to the respondent; the respondent's parent, 994 |
|---|
| 1476 | | - | guardian, or legal custodian, in the case of a minor; the 995 |
|---|
| 1477 | | - | respondent's attorney, if known; the petitioner; the 996 |
|---|
| 1478 | | - | respondent's spouse or guardian, if applicable; and such other 997 |
|---|
| 1479 | | - | persons as the court may direct. If the respo ndent is a minor, a 998 |
|---|
| 1480 | | - | copy of the petition and notice of the hearing must be 999 |
|---|
| 1481 | | - | personally delivered to the respondent. The clerk court shall 1000 |
|---|
| 1482 | | - | |
|---|
| 1483 | | - | CS/CS/HB 1143 2022 |
|---|
| 1484 | | - | |
|---|
| 1485 | | - | |
|---|
| 1486 | | - | |
|---|
| 1487 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1488 | | - | hb1143-02-c2 |
|---|
| 1457 | + | counsel for the person, the clerk of the court shall immediately 976 |
|---|
| 1458 | + | notify the office of criminal conflict and civil regional 977 |
|---|
| 1459 | + | counsel, created pursuant to s. 27.511, of the appointment. The 978 |
|---|
| 1460 | + | office of criminal conflict and civil regional counsel shall 979 |
|---|
| 1461 | + | represent the person until the petition is dismissed, the court 980 |
|---|
| 1462 | + | order expires, or the person is discharged from involuntary 981 |
|---|
| 1463 | + | treatment services, or the office is otherwise discharged by the 982 |
|---|
| 1464 | + | court. An attorney that represents th e person named in the 983 |
|---|
| 1465 | + | petition shall have access to the person, witnesses, and records 984 |
|---|
| 1466 | + | relevant to the presentation of the person's case and shall 985 |
|---|
| 1467 | + | represent the interests of the person, regardless of the source 986 |
|---|
| 1468 | + | of payment to the attorney. 987 |
|---|
| 1469 | + | (2) The court shall schedule a hearing to be held on the 988 |
|---|
| 1470 | + | petition within 10 court working 5 days unless a continuance is 989 |
|---|
| 1471 | + | granted. The court may appoint a magistrate to preside at the 990 |
|---|
| 1472 | + | hearing. 991 |
|---|
| 1473 | + | (3) A copy of the petition and notice of the hearing must 992 |
|---|
| 1474 | + | be provided to the respondent; the respondent's parent, 993 |
|---|
| 1475 | + | guardian, or legal custodian, in the case of a minor; the 994 |
|---|
| 1476 | + | respondent's attorney, if known; the petitioner; the 995 |
|---|
| 1477 | + | respondent's spouse or guardian, if applicable; and such other 996 |
|---|
| 1478 | + | persons as the court may direct. If the respo ndent is a minor, a 997 |
|---|
| 1479 | + | copy of the petition and notice of the hearing must be 998 |
|---|
| 1480 | + | personally delivered to the respondent. The clerk court shall 999 |
|---|
| 1481 | + | also issue a summons to the person whose admission is sought , 1000 |
|---|
| 1482 | + | |
|---|
| 1483 | + | CS/HB 1143 2022 |
|---|
| 1484 | + | |
|---|
| 1485 | + | |
|---|
| 1486 | + | |
|---|
| 1487 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1488 | + | hb1143-01-c1 |
|---|
| 1494 | | - | also issue a summons to the person whose admission is sought , 1001 |
|---|
| 1495 | | - | and unless a circuit court's chief judge authorizes 1002 |
|---|
| 1496 | | - | disinterested private process servers to serve parties under 1003 |
|---|
| 1497 | | - | this chapter, a law enforcement agency must effect service for 1004 |
|---|
| 1498 | | - | the initial treatment hearing . 1005 |
|---|
| 1499 | | - | (4)(a) When the petitioner asserts that emergency 1006 |
|---|
| 1500 | | - | circumstances exist, or when upon review of the petiti on the 1007 |
|---|
| 1501 | | - | court determines that an emergency exists, the court may rely 1008 |
|---|
| 1502 | | - | solely on the contents of the petition and, without the 1009 |
|---|
| 1503 | | - | appointment of an attorney, enter an ex parte order for the 1010 |
|---|
| 1504 | | - | respondent's involuntary assessment and stabilization which must 1011 |
|---|
| 1505 | | - | be executed during the period when the hearing on the petition 1012 |
|---|
| 1506 | | - | for treatment is pending. The court may further order a law 1013 |
|---|
| 1507 | | - | enforcement officer or other designated agent of the court to: 1014 |
|---|
| 1508 | | - | 1. Take the respondent into custody and deliver him or her 1015 |
|---|
| 1509 | | - | to either the nearest appropriate licensed service provider or a 1016 |
|---|
| 1510 | | - | licensed service provider designated by the court to be 1017 |
|---|
| 1511 | | - | evaluated; and 1018 |
|---|
| 1512 | | - | 2. Serve the respondent with the notice of hearing and a 1019 |
|---|
| 1513 | | - | copy of the petition. 1020 |
|---|
| 1514 | | - | (b) The service provider must promptly inform the court 1021 |
|---|
| 1515 | | - | and parties of the respondent's arrival and may not hold the 1022 |
|---|
| 1516 | | - | respondent for longer than 72 hours of observation thereafter, 1023 |
|---|
| 1517 | | - | unless: 1024 |
|---|
| 1518 | | - | 1. The service provider seeks additional time under s. 1025 |
|---|
| 1519 | | - | |
|---|
| 1520 | | - | CS/CS/HB 1143 2022 |
|---|
| 1521 | | - | |
|---|
| 1522 | | - | |
|---|
| 1523 | | - | |
|---|
| 1524 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1525 | | - | hb1143-02-c2 |
|---|
| 1494 | + | and unless a circuit court's chief judge authorizes 1001 |
|---|
| 1495 | + | disinterested private process servers to serve parties under 1002 |
|---|
| 1496 | + | this chapter, a law enforcement agency must effect service for 1003 |
|---|
| 1497 | + | the initial treatment hearing . 1004 |
|---|
| 1498 | + | (4)(a) When the petitioner asserts that emergency 1005 |
|---|
| 1499 | + | circumstances exist, or when upon review of the petiti on the 1006 |
|---|
| 1500 | + | court determines that an emergency exists, the court may rely 1007 |
|---|
| 1501 | + | solely on the contents of the petition and, without the 1008 |
|---|
| 1502 | + | appointment of an attorney, enter an ex parte order for the 1009 |
|---|
| 1503 | + | respondent's involuntary assessment and stabilization which must 1010 |
|---|
| 1504 | + | be executed during the period when the hearing on the petition 1011 |
|---|
| 1505 | + | for treatment is pending. The court may further order a law 1012 |
|---|
| 1506 | + | enforcement officer or other designated agent of the court to: 1013 |
|---|
| 1507 | + | 1. Take the respondent into custody and deliver him or her 1014 |
|---|
| 1508 | + | to either the nearest appropriate licensed service provider or a 1015 |
|---|
| 1509 | + | licensed service provider designated by the court to be 1016 |
|---|
| 1510 | + | evaluated; and 1017 |
|---|
| 1511 | + | 2. Serve the respondent with the notice of hearing and a 1018 |
|---|
| 1512 | + | copy of the petition. 1019 |
|---|
| 1513 | + | (b) The service provider must promptly inform the court 1020 |
|---|
| 1514 | + | and parties of the respondent's arrival and may not hold the 1021 |
|---|
| 1515 | + | respondent for longer than 72 hours of observation thereafter, 1022 |
|---|
| 1516 | + | unless: 1023 |
|---|
| 1517 | + | 1. The service provider seeks additional time under s. 1024 |
|---|
| 1518 | + | 397.6957(1)(c) and the court, after a hearing, grants that 1025 |
|---|
| 1519 | + | |
|---|
| 1520 | + | CS/HB 1143 2022 |
|---|
| 1521 | + | |
|---|
| 1522 | + | |
|---|
| 1523 | + | |
|---|
| 1524 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1525 | + | hb1143-01-c1 |
|---|
| 1531 | | - | 397.6957(1)(c) and the court, after a hearing, grants that 1026 |
|---|
| 1532 | | - | motion; 1027 |
|---|
| 1533 | | - | 2. The respondent shows signs of withdrawal, or a need to 1028 |
|---|
| 1534 | | - | be either detoxified or treated for a medical condition, which 1029 |
|---|
| 1535 | | - | shall extend the amount of time the respondent may be held for 1030 |
|---|
| 1536 | | - | observation until the issue is resolved; or 1031 |
|---|
| 1537 | | - | 3. The original or extended observation period ends on a 1032 |
|---|
| 1538 | | - | weekend or holiday, in which case the provider may hold the 1033 |
|---|
| 1539 | | - | respondent until the next court working day. 1034 |
|---|
| 1540 | | - | (c) If the ex parte order was not executed by the initial 1035 |
|---|
| 1541 | | - | hearing date, it shall be deemed void. However, shou ld the 1036 |
|---|
| 1542 | | - | respondent not appear at the hearing for any reason, including 1037 |
|---|
| 1543 | | - | lack of service, and upon reviewing the petition, testimony, and 1038 |
|---|
| 1544 | | - | evidence presented, the court reasonably believes the respondent 1039 |
|---|
| 1545 | | - | meets this chapter's commitment criteria and that a subs tance 1040 |
|---|
| 1546 | | - | abuse emergency exists, the court may issue or reissue an ex 1041 |
|---|
| 1547 | | - | parte assessment and stabilization order that is valid for 90 1042 |
|---|
| 1548 | | - | days. If the respondent's location is known at the time of the 1043 |
|---|
| 1549 | | - | hearing, the court: 1044 |
|---|
| 1550 | | - | 1. Shall continue the case for no more tha n 10 court 1045 |
|---|
| 1551 | | - | working days; and 1046 |
|---|
| 1552 | | - | 2. May order a law enforcement officer or other designated 1047 |
|---|
| 1553 | | - | agent of the court to: 1048 |
|---|
| 1554 | | - | a. Take the respondent into custody and deliver him or her 1049 |
|---|
| 1555 | | - | to be evaluated either by the nearest appropriate licensed 1050 |
|---|
| 1556 | | - | |
|---|
| 1557 | | - | CS/CS/HB 1143 2022 |
|---|
| 1558 | | - | |
|---|
| 1559 | | - | |
|---|
| 1560 | | - | |
|---|
| 1561 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1562 | | - | hb1143-02-c2 |
|---|
| 1531 | + | motion; 1026 |
|---|
| 1532 | + | 2. The respondent shows signs of withdrawal, or a need to 1027 |
|---|
| 1533 | + | be either detoxified or treated for a medical condition, which 1028 |
|---|
| 1534 | + | shall extend the amount of time the respondent may be held for 1029 |
|---|
| 1535 | + | observation until the issue is resolved; or 1030 |
|---|
| 1536 | + | 3. The original or extended observation period ends on a 1031 |
|---|
| 1537 | + | weekend or holiday, in which case the provider may hold the 1032 |
|---|
| 1538 | + | respondent until the next court working day. 1033 |
|---|
| 1539 | + | (c) If the ex parte order was not executed by the initial 1034 |
|---|
| 1540 | + | hearing date, it shall be deemed void. However, shou ld the 1035 |
|---|
| 1541 | + | respondent not appear at the hearing for any reason, including 1036 |
|---|
| 1542 | + | lack of service, and upon reviewing the petition, testimony, and 1037 |
|---|
| 1543 | + | evidence presented, the court reasonably believes the respondent 1038 |
|---|
| 1544 | + | meets this chapter's commitment criteria and that a subs tance 1039 |
|---|
| 1545 | + | abuse emergency exists, the court may issue or reissue an ex 1040 |
|---|
| 1546 | + | parte assessment and stabilization order that is valid for 90 1041 |
|---|
| 1547 | + | days. If the respondent's location is known at the time of the 1042 |
|---|
| 1548 | + | hearing, the court: 1043 |
|---|
| 1549 | + | 1. Shall continue the case for no more tha n 10 court 1044 |
|---|
| 1550 | + | working days; and 1045 |
|---|
| 1551 | + | 2. May order a law enforcement officer or other designated 1046 |
|---|
| 1552 | + | agent of the court to: 1047 |
|---|
| 1553 | + | a. Take the respondent into custody and deliver him or her 1048 |
|---|
| 1554 | + | to be evaluated either by the nearest appropriate licensed 1049 |
|---|
| 1555 | + | service provider or by a licensed service provider designated by 1050 |
|---|
| 1556 | + | |
|---|
| 1557 | + | CS/HB 1143 2022 |
|---|
| 1558 | + | |
|---|
| 1559 | + | |
|---|
| 1560 | + | |
|---|
| 1561 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1562 | + | hb1143-01-c1 |
|---|
| 1568 | | - | service provider or by a licensed service provider designated by 1051 |
|---|
| 1569 | | - | the court; and 1052 |
|---|
| 1570 | | - | b. If a hearing date is set, serve the respondent with 1053 |
|---|
| 1571 | | - | notice of the rescheduled hearing and a copy of the involuntary 1054 |
|---|
| 1572 | | - | treatment petition if the respondent has not already been 1055 |
|---|
| 1573 | | - | served. 1056 |
|---|
| 1574 | | - | 1057 |
|---|
| 1575 | | - | Otherwise, the petitioner and the service provider must promptly 1058 |
|---|
| 1576 | | - | inform the court that the respondent has been assessed so that 1059 |
|---|
| 1577 | | - | the court may schedule a hearing as soon as practicable. The 1060 |
|---|
| 1578 | | - | service provider must serve the respondent, before his or her 1061 |
|---|
| 1579 | | - | discharge, with the notice of hearing and a copy of the 1062 |
|---|
| 1580 | | - | petition. However, if the respondent has not been assessed 1063 |
|---|
| 1581 | | - | within 90 days, the court must dismiss the case. 1064 |
|---|
| 1582 | | - | Section 30. Section 397.6957, Florida Statutes, is amended 1065 |
|---|
| 1583 | | - | to read: 1066 |
|---|
| 1584 | | - | 397.6957 Hearing on petition for i nvoluntary treatment 1067 |
|---|
| 1585 | | - | services.— 1068 |
|---|
| 1586 | | - | (1)(a) The respondent must be present at a hearing on a 1069 |
|---|
| 1587 | | - | petition for involuntary treatment services unless he or she 1070 |
|---|
| 1588 | | - | knowingly, intelligently, and voluntarily waives his or her 1071 |
|---|
| 1589 | | - | right to be present or, upon receiving proof of service and 1072 |
|---|
| 1590 | | - | evaluating the circumstances of the case, the court finds that 1073 |
|---|
| 1591 | | - | his or her presence is inconsistent with his or her best 1074 |
|---|
| 1592 | | - | interests or is likely to be injurious to himself or herself or 1075 |
|---|
| 1593 | | - | |
|---|
| 1594 | | - | CS/CS/HB 1143 2022 |
|---|
| 1595 | | - | |
|---|
| 1596 | | - | |
|---|
| 1597 | | - | |
|---|
| 1598 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1599 | | - | hb1143-02-c2 |
|---|
| 1568 | + | the court; and 1051 |
|---|
| 1569 | + | b. If a hearing date is set, serve the respondent with 1052 |
|---|
| 1570 | + | notice of the rescheduled hearing and a copy of the involuntary 1053 |
|---|
| 1571 | + | treatment petition if the respondent has not already been 1054 |
|---|
| 1572 | + | served. 1055 |
|---|
| 1573 | + | 1056 |
|---|
| 1574 | + | Otherwise, the petitioner and the service provider must promptly 1057 |
|---|
| 1575 | + | inform the court that the respondent has been assessed so that 1058 |
|---|
| 1576 | + | the court may schedule a hearing as soon as practicable. The 1059 |
|---|
| 1577 | + | service provider must serve the respondent, before his or her 1060 |
|---|
| 1578 | + | discharge, with the notice of hearing and a copy of the 1061 |
|---|
| 1579 | + | petition. However, if the respondent has not been assessed 1062 |
|---|
| 1580 | + | within 90 days, the court must dismiss the case. 1063 |
|---|
| 1581 | + | Section 30. Section 397.6957, Florida Statutes, is amended 1064 |
|---|
| 1582 | + | to read: 1065 |
|---|
| 1583 | + | 397.6957 Hearing on petition for i nvoluntary treatment 1066 |
|---|
| 1584 | + | services.— 1067 |
|---|
| 1585 | + | (1)(a) The respondent must be present at a hearing on a 1068 |
|---|
| 1586 | + | petition for involuntary treatment services unless he or she 1069 |
|---|
| 1587 | + | knowingly, intelligently, and voluntarily waives his or her 1070 |
|---|
| 1588 | + | right to be present or, upon receiving proof of service and 1071 |
|---|
| 1589 | + | evaluating the circumstances of the case, the court finds that 1072 |
|---|
| 1590 | + | his or her presence is inconsistent with his or her best 1073 |
|---|
| 1591 | + | interests or is likely to be injurious to himself or herself or 1074 |
|---|
| 1592 | + | others., The court shall hear and review all relevant evi dence, 1075 |
|---|
| 1593 | + | |
|---|
| 1594 | + | CS/HB 1143 2022 |
|---|
| 1595 | + | |
|---|
| 1596 | + | |
|---|
| 1597 | + | |
|---|
| 1598 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1599 | + | hb1143-01-c1 |
|---|
| 1605 | | - | others., The court shall hear and review all relevant evi dence, 1076 |
|---|
| 1606 | | - | including testimony from individuals such as family members 1077 |
|---|
| 1607 | | - | familiar with the respondent's prior history and how it relates 1078 |
|---|
| 1608 | | - | to his or her current condition, and the review of results of 1079 |
|---|
| 1609 | | - | the assessment completed by the qualified professional in 1080 |
|---|
| 1610 | | - | connection with this chapter. The court may also order drug 1081 |
|---|
| 1611 | | - | tests. Upon a showing of good cause, including, but not limited 1082 |
|---|
| 1612 | | - | to, such as specific symptoms of the respondent's condition, and 1083 |
|---|
| 1613 | | - | if all parties consent, the court may permit all witnesses, such 1084 |
|---|
| 1614 | | - | as any medical professionals or personnel who are or have been 1085 |
|---|
| 1615 | | - | involved with the respondent's treatment, to remotely attend and 1086 |
|---|
| 1616 | | - | testify at the hearing under oath via audio -video 1087 |
|---|
| 1617 | | - | teleconference. Any witness intending to remotely attend and 1088 |
|---|
| 1618 | | - | testify at the hearing m ust provide the parties with all 1089 |
|---|
| 1619 | | - | relevant documents by the close of business on the day before 1090 |
|---|
| 1620 | | - | the hearing the respondent's protective custody, emergency 1091 |
|---|
| 1621 | | - | admission, involuntary assessment, or alternative involuntary 1092 |
|---|
| 1622 | | - | admission. The respondent must be presen t unless the court finds 1093 |
|---|
| 1623 | | - | that his or her presence is likely to be injurious to himself or 1094 |
|---|
| 1624 | | - | herself or others, in which event the court must appoint a 1095 |
|---|
| 1625 | | - | guardian advocate to act in behalf of the respondent throughout 1096 |
|---|
| 1626 | | - | the proceedings. 1097 |
|---|
| 1627 | | - | (b) A respondent cannot be involuntarily ordered into 1098 |
|---|
| 1628 | | - | treatment under this chapter without a clinical assessment being 1099 |
|---|
| 1629 | | - | performed, unless he or she is present in court and expressly 1100 |
|---|
| 1630 | | - | |
|---|
| 1631 | | - | CS/CS/HB 1143 2022 |
|---|
| 1632 | | - | |
|---|
| 1633 | | - | |
|---|
| 1634 | | - | |
|---|
| 1635 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1636 | | - | hb1143-02-c2 |
|---|
| 1605 | + | including testimony from individuals such as family members 1076 |
|---|
| 1606 | + | familiar with the respondent's prior history and how it relates 1077 |
|---|
| 1607 | + | to his or her current condition, and the review of results of 1078 |
|---|
| 1608 | + | the assessment completed by the qualified professional in 1079 |
|---|
| 1609 | + | connection with this chapter. The court may also order drug 1080 |
|---|
| 1610 | + | tests. Upon a showing of good cause, including, but not limited 1081 |
|---|
| 1611 | + | to, such as specific symptoms of the respondent's condition, and 1082 |
|---|
| 1612 | + | if all parties consent, the court may permit all witnesses, such 1083 |
|---|
| 1613 | + | as any medical professionals or personnel who are or have been 1084 |
|---|
| 1614 | + | involved with the respondent's treatment, to remotely attend and 1085 |
|---|
| 1615 | + | testify at the hearing under oath via audio -video 1086 |
|---|
| 1616 | + | teleconference. Any witness intending to remotely attend and 1087 |
|---|
| 1617 | + | testify at the hearing m ust provide the parties with all 1088 |
|---|
| 1618 | + | relevant documents by the close of business on the day before 1089 |
|---|
| 1619 | + | the hearing the respondent's protective custody, emergency 1090 |
|---|
| 1620 | + | admission, involuntary assessment, or alternative involuntary 1091 |
|---|
| 1621 | + | admission. The respondent must be presen t unless the court finds 1092 |
|---|
| 1622 | + | that his or her presence is likely to be injurious to himself or 1093 |
|---|
| 1623 | + | herself or others, in which event the court must appoint a 1094 |
|---|
| 1624 | + | guardian advocate to act in behalf of the respondent throughout 1095 |
|---|
| 1625 | + | the proceedings. 1096 |
|---|
| 1626 | + | (b) A respondent cannot be involuntarily ordered into 1097 |
|---|
| 1627 | + | treatment under this chapter without a clinical assessment being 1098 |
|---|
| 1628 | + | performed, unless he or she is present in court and expressly 1099 |
|---|
| 1629 | + | waives the assessment. In nonemergency situations, if the 1100 |
|---|
| 1630 | + | |
|---|
| 1631 | + | CS/HB 1143 2022 |
|---|
| 1632 | + | |
|---|
| 1633 | + | |
|---|
| 1634 | + | |
|---|
| 1635 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1636 | + | hb1143-01-c1 |
|---|
| 1642 | | - | waives the assessment. In nonemergency situations, if the 1101 |
|---|
| 1643 | | - | respondent was not, or had previously ref used to be, assessed by 1102 |
|---|
| 1644 | | - | a qualified professional and, based on the petition, testimony, 1103 |
|---|
| 1645 | | - | and evidence presented, it reasonably appears that the 1104 |
|---|
| 1646 | | - | respondent qualifies for involuntary treatment services, the 1105 |
|---|
| 1647 | | - | court shall issue an involuntary assessment and stab ilization 1106 |
|---|
| 1648 | | - | order to determine the appropriate level of treatment the 1107 |
|---|
| 1649 | | - | respondent requires. Additionally, in cases where an assessment 1108 |
|---|
| 1650 | | - | was attached to the petition, the respondent may request, or the 1109 |
|---|
| 1651 | | - | court on its own motion may order, an independent assessmen t by 1110 |
|---|
| 1652 | | - | a court-appointed physician or an otherwise agreed -upon 1111 |
|---|
| 1653 | | - | physician. If an assessment order is issued, it is valid for 90 1112 |
|---|
| 1654 | | - | days, and if the respondent is present or there is either proof 1113 |
|---|
| 1655 | | - | of service or his or her location is known, the involuntary 1114 |
|---|
| 1656 | | - | treatment hearing shall be continued for no more than 10 court 1115 |
|---|
| 1657 | | - | working days. Otherwise, the petitioner and the service provider 1116 |
|---|
| 1658 | | - | must promptly inform the court that the respondent has been 1117 |
|---|
| 1659 | | - | assessed so that the court may schedule a hearing as soon as 1118 |
|---|
| 1660 | | - | practicable. The service provider shall then serve the 1119 |
|---|
| 1661 | | - | respondent, before his or her discharge, with the notice of 1120 |
|---|
| 1662 | | - | hearing and a copy of the petition. The assessment must occur 1121 |
|---|
| 1663 | | - | before the new hearing date, and if there is evidence indicating 1122 |
|---|
| 1664 | | - | that the respondent will not voluntarily appear at the 1123 |
|---|
| 1665 | | - | forthcoming hearing, or is a danger to self or others, the court 1124 |
|---|
| 1666 | | - | may enter a preliminary order committing the respondent to an 1125 |
|---|
| 1667 | | - | |
|---|
| 1668 | | - | CS/CS/HB 1143 2022 |
|---|
| 1669 | | - | |
|---|
| 1670 | | - | |
|---|
| 1671 | | - | |
|---|
| 1672 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1673 | | - | hb1143-02-c2 |
|---|
| 1642 | + | respondent was not, or had previously ref used to be, assessed by 1101 |
|---|
| 1643 | + | a qualified professional and, based on the petition, testimony, 1102 |
|---|
| 1644 | + | and evidence presented, it reasonably appears that the 1103 |
|---|
| 1645 | + | respondent qualifies for involuntary treatment services, the 1104 |
|---|
| 1646 | + | court shall issue an involuntary assessment and stab ilization 1105 |
|---|
| 1647 | + | order to determine the appropriate level of treatment the 1106 |
|---|
| 1648 | + | respondent requires. Additionally, in cases where an assessment 1107 |
|---|
| 1649 | + | was attached to the petition, the respondent may request, or the 1108 |
|---|
| 1650 | + | court on its own motion may order, an independent assessmen t by 1109 |
|---|
| 1651 | + | a court-appointed physician or an otherwise agreed -upon 1110 |
|---|
| 1652 | + | physician. If an assessment order is issued, it is valid for 90 1111 |
|---|
| 1653 | + | days, and if the respondent is present or there is either proof 1112 |
|---|
| 1654 | + | of service or his or her location is known, the involuntary 1113 |
|---|
| 1655 | + | treatment hearing shall be continued for no more than 10 court 1114 |
|---|
| 1656 | + | working days. Otherwise, the petitioner and the service provider 1115 |
|---|
| 1657 | + | must promptly inform the court that the respondent has been 1116 |
|---|
| 1658 | + | assessed so that the court may schedule a hearing as soon as 1117 |
|---|
| 1659 | + | practicable. The service provider shall then serve the 1118 |
|---|
| 1660 | + | respondent, before his or her discharge, with the notice of 1119 |
|---|
| 1661 | + | hearing and a copy of the petition. The assessment must occur 1120 |
|---|
| 1662 | + | before the new hearing date, and if there is evidence indicating 1121 |
|---|
| 1663 | + | that the respondent will not voluntarily appear at the 1122 |
|---|
| 1664 | + | forthcoming hearing, or is a danger to self or others, the court 1123 |
|---|
| 1665 | + | may enter a preliminary order committing the respondent to an 1124 |
|---|
| 1666 | + | appropriate treatment facility for further evaluation until the 1125 |
|---|
| 1667 | + | |
|---|
| 1668 | + | CS/HB 1143 2022 |
|---|
| 1669 | + | |
|---|
| 1670 | + | |
|---|
| 1671 | + | |
|---|
| 1672 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1673 | + | hb1143-01-c1 |
|---|
| 1679 | | - | appropriate treatment facility for further evaluation until the 1126 |
|---|
| 1680 | | - | date of the rescheduled hearing. Howev er, if after 90 days the 1127 |
|---|
| 1681 | | - | respondent remains unassessed, the court shall dismiss the case. 1128 |
|---|
| 1682 | | - | (c)1. The respondent's assessment by a qualified 1129 |
|---|
| 1683 | | - | professional must occur within 72 hours after his or her arrival 1130 |
|---|
| 1684 | | - | at a licensed service provider unless he or she sh ows signs of 1131 |
|---|
| 1685 | | - | withdrawal or a need to be either detoxified or treated for a 1132 |
|---|
| 1686 | | - | medical condition, which shall extend the amount of time the 1133 |
|---|
| 1687 | | - | respondent may be held for observation until that issue is 1134 |
|---|
| 1688 | | - | resolved. If the person conducting the assessment is not a 1135 |
|---|
| 1689 | | - | licensed physician, the assessment must be reviewed by a 1136 |
|---|
| 1690 | | - | licensed physician within the 72 -hour period. If the respondent 1137 |
|---|
| 1691 | | - | is a minor, such assessment must be initiated within the first 1138 |
|---|
| 1692 | | - | 12 hours after the minor's admission to the facility. The 1139 |
|---|
| 1693 | | - | service provider may also move to extend the 72 hours of 1140 |
|---|
| 1694 | | - | observation by petitioning the court in writing for additional 1141 |
|---|
| 1695 | | - | time. The service provider must furnish copies of such motion to 1142 |
|---|
| 1696 | | - | all parties in accordance with applicable confidentiality 1143 |
|---|
| 1697 | | - | requirements, and, after a he aring, the court may grant 1144 |
|---|
| 1698 | | - | additional time or expedite the respondent's involuntary 1145 |
|---|
| 1699 | | - | treatment hearing. The involuntary treatment hearing, however, 1146 |
|---|
| 1700 | | - | may be expedited only by agreement of the parties on the hearing 1147 |
|---|
| 1701 | | - | date or if there is notice and proof of serv ice as provided in 1148 |
|---|
| 1702 | | - | s. 397.6955(1) and (3). If the court grants the service 1149 |
|---|
| 1703 | | - | provider's petition, the service provider may hold the 1150 |
|---|
| 1704 | | - | |
|---|
| 1705 | | - | CS/CS/HB 1143 2022 |
|---|
| 1706 | | - | |
|---|
| 1707 | | - | |
|---|
| 1708 | | - | |
|---|
| 1709 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1710 | | - | hb1143-02-c2 |
|---|
| 1679 | + | date of the rescheduled hearing. Howev er, if after 90 days the 1126 |
|---|
| 1680 | + | respondent remains unassessed, the court shall dismiss the case. 1127 |
|---|
| 1681 | + | (c)1. The respondent's assessment by a qualified 1128 |
|---|
| 1682 | + | professional must occur within 72 hours after his or her arrival 1129 |
|---|
| 1683 | + | at a licensed service provider unless he or she sh ows signs of 1130 |
|---|
| 1684 | + | withdrawal or a need to be either detoxified or treated for a 1131 |
|---|
| 1685 | + | medical condition, which shall extend the amount of time the 1132 |
|---|
| 1686 | + | respondent may be held for observation until that issue is 1133 |
|---|
| 1687 | + | resolved. If the person conducting the assessment is not a 1134 |
|---|
| 1688 | + | licensed physician, the assessment must be reviewed by a 1135 |
|---|
| 1689 | + | licensed physician within the 72 -hour period. If the respondent 1136 |
|---|
| 1690 | + | is a minor, such assessment must be initiated within the first 1137 |
|---|
| 1691 | + | 12 hours after the minor's admission to the facility. The 1138 |
|---|
| 1692 | + | service provider may also move to extend the 72 hours of 1139 |
|---|
| 1693 | + | observation by petitioning the court in writing for additional 1140 |
|---|
| 1694 | + | time. The service provider must furnish copies of such motion to 1141 |
|---|
| 1695 | + | all parties in accordance with applicable confidentiality 1142 |
|---|
| 1696 | + | requirements, and, after a he aring, the court may grant 1143 |
|---|
| 1697 | + | additional time or expedite the respondent's involuntary 1144 |
|---|
| 1698 | + | treatment hearing. The involuntary treatment hearing, however, 1145 |
|---|
| 1699 | + | may be expedited only by agreement of the parties on the hearing 1146 |
|---|
| 1700 | + | date or if there is notice and proof of serv ice as provided in 1147 |
|---|
| 1701 | + | s. 397.6955(1) and (3). If the court grants the service 1148 |
|---|
| 1702 | + | provider's petition, the service provider may hold the 1149 |
|---|
| 1703 | + | respondent until its extended assessment period expires or until 1150 |
|---|
| 1704 | + | |
|---|
| 1705 | + | CS/HB 1143 2022 |
|---|
| 1706 | + | |
|---|
| 1707 | + | |
|---|
| 1708 | + | |
|---|
| 1709 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1710 | + | hb1143-01-c1 |
|---|
| 1716 | | - | respondent until its extended assessment period expires or until 1151 |
|---|
| 1717 | | - | the expedited hearing date. However, if the original or exten ded 1152 |
|---|
| 1718 | | - | observation period ends on a weekend or holiday, the provider 1153 |
|---|
| 1719 | | - | may hold the respondent until the next court working day. 1154 |
|---|
| 1720 | | - | 2. Upon the completion of his or her report, the qualified 1155 |
|---|
| 1721 | | - | professional, in accordance with applicable confidentiality 1156 |
|---|
| 1722 | | - | requirements, shall provide copies to the court and all relevant 1157 |
|---|
| 1723 | | - | parties and counsel. This report must contain a recommendation 1158 |
|---|
| 1724 | | - | on the level, if any, of substance abuse and, if applicable, co -1159 |
|---|
| 1725 | | - | occurring mental health treatment the respondent requires. The 1160 |
|---|
| 1726 | | - | qualified professional's failure to include a treatment 1161 |
|---|
| 1727 | | - | recommendation, much like a recommendation of no treatment, 1162 |
|---|
| 1728 | | - | shall result in the petition's dismissal. 1163 |
|---|
| 1729 | | - | (d) The court may order a law enforcement officer or other 1164 |
|---|
| 1730 | | - | designated agent of the court to take the respond ent into 1165 |
|---|
| 1731 | | - | custody and transport him or her to or from the treating or 1166 |
|---|
| 1732 | | - | assessing service provider and the court for his or her hearing. 1167 |
|---|
| 1733 | | - | (2) The petitioner has the burden of proving by clear and 1168 |
|---|
| 1734 | | - | convincing evidence that: 1169 |
|---|
| 1735 | | - | (a) The respondent is substance ab use impaired and has a 1170 |
|---|
| 1736 | | - | history of lack of compliance with treatment for substance 1171 |
|---|
| 1737 | | - | abuse; and 1172 |
|---|
| 1738 | | - | (b) Because of such impairment the respondent is unlikely 1173 |
|---|
| 1739 | | - | to voluntarily participate in the recommended services or is 1174 |
|---|
| 1740 | | - | unable to determine for himself or herself whether services are 1175 |
|---|
| 1741 | | - | |
|---|
| 1742 | | - | CS/CS/HB 1143 2022 |
|---|
| 1743 | | - | |
|---|
| 1744 | | - | |
|---|
| 1745 | | - | |
|---|
| 1746 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1747 | | - | hb1143-02-c2 |
|---|
| 1716 | + | the expedited hearing date. However, if the original or exten ded 1151 |
|---|
| 1717 | + | observation period ends on a weekend or holiday, the provider 1152 |
|---|
| 1718 | + | may hold the respondent until the next court working day. 1153 |
|---|
| 1719 | + | 2. Upon the completion of his or her report, the qualified 1154 |
|---|
| 1720 | + | professional, in accordance with applicable confidentiality 1155 |
|---|
| 1721 | + | requirements, shall provide copies to the court and all relevant 1156 |
|---|
| 1722 | + | parties and counsel. This report must contain a recommendation 1157 |
|---|
| 1723 | + | on the level, if any, of substance abuse and, if applicable, co -1158 |
|---|
| 1724 | + | occurring mental health treatment the respondent requires. The 1159 |
|---|
| 1725 | + | qualified professional's failure to include a treatment 1160 |
|---|
| 1726 | + | recommendation, much like a recommendation of no treatment, 1161 |
|---|
| 1727 | + | shall result in the petition's dismissal. 1162 |
|---|
| 1728 | + | (d) The court may order a law enforcement officer or other 1163 |
|---|
| 1729 | + | designated agent of the court to take the respond ent into 1164 |
|---|
| 1730 | + | custody and transport him or her to or from the treating or 1165 |
|---|
| 1731 | + | assessing service provider and the court for his or her hearing. 1166 |
|---|
| 1732 | + | (2) The petitioner has the burden of proving by clear and 1167 |
|---|
| 1733 | + | convincing evidence that: 1168 |
|---|
| 1734 | + | (a) The respondent is substance ab use impaired and has a 1169 |
|---|
| 1735 | + | history of lack of compliance with treatment for substance 1170 |
|---|
| 1736 | + | abuse; and 1171 |
|---|
| 1737 | + | (b) Because of such impairment the respondent is unlikely 1172 |
|---|
| 1738 | + | to voluntarily participate in the recommended services or is 1173 |
|---|
| 1739 | + | unable to determine for himself or herself whether services are 1174 |
|---|
| 1740 | + | necessary and: 1175 |
|---|
| 1741 | + | |
|---|
| 1742 | + | CS/HB 1143 2022 |
|---|
| 1743 | + | |
|---|
| 1744 | + | |
|---|
| 1745 | + | |
|---|
| 1746 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1747 | + | hb1143-01-c1 |
|---|
| 1753 | | - | necessary and: 1176 |
|---|
| 1754 | | - | 1. Without services, the respondent is likely to suffer 1177 |
|---|
| 1755 | | - | from neglect or refuse to care for himself or herself; that such 1178 |
|---|
| 1756 | | - | neglect or refusal poses a real and present threat of 1179 |
|---|
| 1757 | | - | substantial harm to his or her well -being; and that there is a 1180 |
|---|
| 1758 | | - | substantial likelihood that without services the respondent will 1181 |
|---|
| 1759 | | - | cause serious bodily harm to himself, herself, or another in the 1182 |
|---|
| 1760 | | - | near future, as evidenced by recent behavior; or 1183 |
|---|
| 1761 | | - | 2. The respondent's refusal to voluntarily receive car e is 1184 |
|---|
| 1762 | | - | based on judgment so impaired by reason of substance abuse that 1185 |
|---|
| 1763 | | - | the respondent is incapable of appreciating his or her need for 1186 |
|---|
| 1764 | | - | care and of making a rational decision regarding that need for 1187 |
|---|
| 1765 | | - | care. 1188 |
|---|
| 1766 | | - | (3) One of the qualified professionals who executed the 1189 |
|---|
| 1767 | | - | involuntary services certificate must be a witness. The court 1190 |
|---|
| 1768 | | - | shall allow testimony from individuals, including family 1191 |
|---|
| 1769 | | - | members, deemed by the court to be relevant under state law, 1192 |
|---|
| 1770 | | - | regarding the respondent's prior history and how that prior 1193 |
|---|
| 1771 | | - | history relates to the person's current condition. The Testimony 1194 |
|---|
| 1772 | | - | in the hearing must be taken under oath, and the proceedings 1195 |
|---|
| 1773 | | - | must be recorded. The respondent patient may refuse to testify 1196 |
|---|
| 1774 | | - | at the hearing. 1197 |
|---|
| 1775 | | - | (4) If at any point during the hearing the court has 1198 |
|---|
| 1776 | | - | reason to believe that the respondent, due to mental illness 1199 |
|---|
| 1777 | | - | other than or in addition to substance abuse impairment, is 1200 |
|---|
| 1778 | | - | |
|---|
| 1779 | | - | CS/CS/HB 1143 2022 |
|---|
| 1780 | | - | |
|---|
| 1781 | | - | |
|---|
| 1782 | | - | |
|---|
| 1783 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1784 | | - | hb1143-02-c2 |
|---|
| 1753 | + | 1. Without services, the respondent is likely to suffer 1176 |
|---|
| 1754 | + | from neglect or refuse to care for himself or herself; that such 1177 |
|---|
| 1755 | + | neglect or refusal poses a real and present threat of 1178 |
|---|
| 1756 | + | substantial harm to his or her well -being; and that there is a 1179 |
|---|
| 1757 | + | substantial likelihood that without services the respondent will 1180 |
|---|
| 1758 | + | cause serious bodily harm to himself, herself, or another in the 1181 |
|---|
| 1759 | + | near future, as evidenced by recent behavior; or 1182 |
|---|
| 1760 | + | 2. The respondent's refusal to voluntarily receive car e is 1183 |
|---|
| 1761 | + | based on judgment so impaired by reason of substance abuse that 1184 |
|---|
| 1762 | + | the respondent is incapable of appreciating his or her need for 1185 |
|---|
| 1763 | + | care and of making a rational decision regarding that need for 1186 |
|---|
| 1764 | + | care. 1187 |
|---|
| 1765 | + | (3) One of the qualified professionals who executed the 1188 |
|---|
| 1766 | + | involuntary services certificate must be a witness. The court 1189 |
|---|
| 1767 | + | shall allow testimony from individuals, including family 1190 |
|---|
| 1768 | + | members, deemed by the court to be relevant under state law, 1191 |
|---|
| 1769 | + | regarding the respondent's prior history and how that prior 1192 |
|---|
| 1770 | + | history relates to the person's current condition. The Testimony 1193 |
|---|
| 1771 | + | in the hearing must be taken under oath, and the proceedings 1194 |
|---|
| 1772 | + | must be recorded. The respondent patient may refuse to testify 1195 |
|---|
| 1773 | + | at the hearing. 1196 |
|---|
| 1774 | + | (4) If at any point during the hearing the court has 1197 |
|---|
| 1775 | + | reason to believe that the respondent, due to mental illness 1198 |
|---|
| 1776 | + | other than or in addition to substance abuse impairment, is 1199 |
|---|
| 1777 | + | likely to neglect or injure himself, herself, or another if 1200 |
|---|
| 1778 | + | |
|---|
| 1779 | + | CS/HB 1143 2022 |
|---|
| 1780 | + | |
|---|
| 1781 | + | |
|---|
| 1782 | + | |
|---|
| 1783 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1784 | + | hb1143-01-c1 |
|---|
| 1790 | | - | likely to neglect or injure himself, herself, or another if 1201 |
|---|
| 1791 | | - | allowed to remain at liberty, or otherwise meets the involuntary 1202 |
|---|
| 1792 | | - | commitment provisions of part I of chapter 394, the court may 1203 |
|---|
| 1793 | | - | initiate involuntary examination proceedings under such 1204 |
|---|
| 1794 | | - | provisions. 1205 |
|---|
| 1795 | | - | (5)(4) At the conclusion of the hearing , the court shall 1206 |
|---|
| 1796 | | - | either dismiss the petition or order the respondent to receive 1207 |
|---|
| 1797 | | - | involuntary treatment services from his or her chosen licensed 1208 |
|---|
| 1798 | | - | service provider if possible and appropriate. Any treatment 1209 |
|---|
| 1799 | | - | order must include findings regarding the respondent's need for 1210 |
|---|
| 1800 | | - | treatment and the appropriate ness of other less restrictive 1211 |
|---|
| 1801 | | - | alternatives. 1212 |
|---|
| 1802 | | - | Section 31. Section 397.697, Florida Statutes, is amended 1213 |
|---|
| 1803 | | - | to read: 1214 |
|---|
| 1804 | | - | 397.697 Court determination; effect of court order for 1215 |
|---|
| 1805 | | - | involuntary treatment services.— 1216 |
|---|
| 1806 | | - | (1)(a) When the court finds that the conditions for 1217 |
|---|
| 1807 | | - | involuntary treatment services have been proved by clear and 1218 |
|---|
| 1808 | | - | convincing evidence, it may order the respondent to receive 1219 |
|---|
| 1809 | | - | involuntary treatment services from a publicly funded licensed 1220 |
|---|
| 1810 | | - | service provider for a period not to exceed 90 days. The court 1221 |
|---|
| 1811 | | - | may also order a respondent to undergo treatment through a 1222 |
|---|
| 1812 | | - | privately funded licensed service provider if the respondent has 1223 |
|---|
| 1813 | | - | the ability to pay for the treatment, or if any person on the 1224 |
|---|
| 1814 | | - | respondent's behalf voluntarily demonstrates a willingness and 1225 |
|---|
| 1815 | | - | |
|---|
| 1816 | | - | CS/CS/HB 1143 2022 |
|---|
| 1817 | | - | |
|---|
| 1818 | | - | |
|---|
| 1819 | | - | |
|---|
| 1820 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1821 | | - | hb1143-02-c2 |
|---|
| 1790 | + | allowed to remain at liberty, or otherwise meets the involuntary 1201 |
|---|
| 1791 | + | commitment provisions of part I of chapter 394, the court may 1202 |
|---|
| 1792 | + | initiate involuntary examination proceedings under such 1203 |
|---|
| 1793 | + | provisions. 1204 |
|---|
| 1794 | + | (5)(4) At the conclusion of the hearing , the court shall 1205 |
|---|
| 1795 | + | either dismiss the petition or order the respondent to receive 1206 |
|---|
| 1796 | + | involuntary treatment services from his or her chosen licensed 1207 |
|---|
| 1797 | + | service provider if possible and appropriate. Any treatment 1208 |
|---|
| 1798 | + | order must include findings regarding the respondent's need for 1209 |
|---|
| 1799 | + | treatment and the appropriate ness of other less restrictive 1210 |
|---|
| 1800 | + | alternatives. 1211 |
|---|
| 1801 | + | Section 31. Section 397.697, Florida Statutes, is amended 1212 |
|---|
| 1802 | + | to read: 1213 |
|---|
| 1803 | + | 397.697 Court determination; effect of court order for 1214 |
|---|
| 1804 | + | involuntary treatment services.— 1215 |
|---|
| 1805 | + | (1)(a) When the court finds that the conditions for 1216 |
|---|
| 1806 | + | involuntary treatment services have been proved by clear and 1217 |
|---|
| 1807 | + | convincing evidence, it may order the respondent to receive 1218 |
|---|
| 1808 | + | involuntary treatment services from a publicly funded licensed 1219 |
|---|
| 1809 | + | service provider for a period not to exceed 90 days. The court 1220 |
|---|
| 1810 | + | may also order a respondent to undergo treatment through a 1221 |
|---|
| 1811 | + | privately funded licensed service provider if the respondent has 1222 |
|---|
| 1812 | + | the ability to pay for the treatment, or if any person on the 1223 |
|---|
| 1813 | + | respondent's behalf voluntarily demonstrates a willingness and 1224 |
|---|
| 1814 | + | an ability to pay for the treatment. If the court finds it 1225 |
|---|
| 1815 | + | |
|---|
| 1816 | + | CS/HB 1143 2022 |
|---|
| 1817 | + | |
|---|
| 1818 | + | |
|---|
| 1819 | + | |
|---|
| 1820 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1821 | + | hb1143-01-c1 |
|---|
| 1827 | | - | an ability to pay for the treatment. If the court finds it 1226 |
|---|
| 1828 | | - | necessary, it may direct the sheriff to take the respondent into 1227 |
|---|
| 1829 | | - | custody and deliver him or her to the licensed service provider 1228 |
|---|
| 1830 | | - | specified in the court order, or to the nearest appropriate 1229 |
|---|
| 1831 | | - | licensed service pro vider, for involuntary treatment services. 1230 |
|---|
| 1832 | | - | When the conditions justifying involuntary treatment services no 1231 |
|---|
| 1833 | | - | longer exist, the individual must be released as provided in s. 1232 |
|---|
| 1834 | | - | 397.6971. When the conditions justifying involuntary treatment 1233 |
|---|
| 1835 | | - | services are expected to exist after 90 days of treatment 1234 |
|---|
| 1836 | | - | services, a renewal of the involuntary treatment services order 1235 |
|---|
| 1837 | | - | may be requested pursuant to s. 397.6975 before the end of the 1236 |
|---|
| 1838 | | - | 90-day period. 1237 |
|---|
| 1839 | | - | (b) To qualify for involuntary outpatient treatment, an 1238 |
|---|
| 1840 | | - | individual must be supported by a social worker or case manager 1239 |
|---|
| 1841 | | - | of a licensed service provider or a willing, able, and 1240 |
|---|
| 1842 | | - | responsible individual appointed by the court who shall inform 1241 |
|---|
| 1843 | | - | the court and parties if the respondent fails to comply with his 1242 |
|---|
| 1844 | | - | or her outpatient program. I n addition, unless the respondent 1243 |
|---|
| 1845 | | - | has been involuntarily ordered into inpatient treatment under 1244 |
|---|
| 1846 | | - | this chapter at least twice during the last 36 months, or 1245 |
|---|
| 1847 | | - | demonstrates the ability to substantially comply with the 1246 |
|---|
| 1848 | | - | outpatient treatment while waiting for resid ential placement to 1247 |
|---|
| 1849 | | - | become available, he or she must receive an assessment from a 1248 |
|---|
| 1850 | | - | qualified professional or licensed physician expressly 1249 |
|---|
| 1851 | | - | recommending outpatient services, such services must be 1250 |
|---|
| 1852 | | - | |
|---|
| 1853 | | - | CS/CS/HB 1143 2022 |
|---|
| 1854 | | - | |
|---|
| 1855 | | - | |
|---|
| 1856 | | - | |
|---|
| 1857 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1858 | | - | hb1143-02-c2 |
|---|
| 1827 | + | necessary, it may direct the sheriff to take the respondent into 1226 |
|---|
| 1828 | + | custody and deliver him or her to the licensed service provider 1227 |
|---|
| 1829 | + | specified in the court order, or to the nearest appropriate 1228 |
|---|
| 1830 | + | licensed service pro vider, for involuntary treatment services. 1229 |
|---|
| 1831 | + | When the conditions justifying involuntary treatment services no 1230 |
|---|
| 1832 | + | longer exist, the individual must be released as provided in s. 1231 |
|---|
| 1833 | + | 397.6971. When the conditions justifying involuntary treatment 1232 |
|---|
| 1834 | + | services are expected to exist after 90 days of treatment 1233 |
|---|
| 1835 | + | services, a renewal of the involuntary treatment services order 1234 |
|---|
| 1836 | + | may be requested pursuant to s. 397.6975 before the end of the 1235 |
|---|
| 1837 | + | 90-day period. 1236 |
|---|
| 1838 | + | (b) To qualify for involuntary outpatient treatment, an 1237 |
|---|
| 1839 | + | individual must be supported by a social worker or case manager 1238 |
|---|
| 1840 | + | of a licensed service provider or a willing, able, and 1239 |
|---|
| 1841 | + | responsible individual appointed by the court who shall inform 1240 |
|---|
| 1842 | + | the court and parties if the respondent fails to comply with his 1241 |
|---|
| 1843 | + | or her outpatient program. I n addition, unless the respondent 1242 |
|---|
| 1844 | + | has been involuntarily ordered into inpatient treatment under 1243 |
|---|
| 1845 | + | this chapter at least twice during the last 36 months, or 1244 |
|---|
| 1846 | + | demonstrates the ability to substantially comply with the 1245 |
|---|
| 1847 | + | outpatient treatment while waiting for resid ential placement to 1246 |
|---|
| 1848 | + | become available, he or she must receive an assessment from a 1247 |
|---|
| 1849 | + | qualified professional or licensed physician expressly 1248 |
|---|
| 1850 | + | recommending outpatient services, such services must be 1249 |
|---|
| 1851 | + | available in the county in which the respondent is located, and 1250 |
|---|
| 1852 | + | |
|---|
| 1853 | + | CS/HB 1143 2022 |
|---|
| 1854 | + | |
|---|
| 1855 | + | |
|---|
| 1856 | + | |
|---|
| 1857 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1858 | + | hb1143-01-c1 |
|---|
| 1864 | | - | available in the county in which the respondent is located, and 1251 |
|---|
| 1865 | | - | it must appear likely that the respondent will follow a 1252 |
|---|
| 1866 | | - | prescribed outpatient care plan. 1253 |
|---|
| 1867 | | - | (2) In all cases resulting in an order for involuntary 1254 |
|---|
| 1868 | | - | treatment services, the court shall retain jurisdiction over the 1255 |
|---|
| 1869 | | - | case and the parties for the entry of such f urther orders as the 1256 |
|---|
| 1870 | | - | circumstances may require. The court's requirements for 1257 |
|---|
| 1871 | | - | notification of proposed release must be included in the 1258 |
|---|
| 1872 | | - | original order. 1259 |
|---|
| 1873 | | - | (3) An involuntary treatment services order also 1260 |
|---|
| 1874 | | - | authorizes the licensed service provider to require the 1261 |
|---|
| 1875 | | - | individual to receive treatment services that will benefit him 1262 |
|---|
| 1876 | | - | or her, including treatment services at any licensable service 1263 |
|---|
| 1877 | | - | component of a licensed service provider. While subject to the 1264 |
|---|
| 1878 | | - | court's oversight, the service provider's authority under this 1265 |
|---|
| 1879 | | - | section is separate and distinct from the court's broad 1266 |
|---|
| 1880 | | - | continuing jurisdiction under subsection (2). Such oversight 1267 |
|---|
| 1881 | | - | includes, but is not limited to, submitting reports regarding 1268 |
|---|
| 1882 | | - | the respondent's progress or compliance with treatment as 1269 |
|---|
| 1883 | | - | required by the court. 1270 |
|---|
| 1884 | | - | (4) If the court orders involuntary treatment services, a 1271 |
|---|
| 1885 | | - | copy of the order must be sent to the managing entity within 1 1272 |
|---|
| 1886 | | - | working day after it is received from the court. Documents may 1273 |
|---|
| 1887 | | - | be submitted electronically through though existing data 1274 |
|---|
| 1888 | | - | systems, if applicable. The department shall also receive and 1275 |
|---|
| 1889 | | - | |
|---|
| 1890 | | - | CS/CS/HB 1143 2022 |
|---|
| 1891 | | - | |
|---|
| 1892 | | - | |
|---|
| 1893 | | - | |
|---|
| 1894 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1895 | | - | hb1143-02-c2 |
|---|
| 1864 | + | it must appear likely that the respondent will follow a 1251 |
|---|
| 1865 | + | prescribed outpatient care plan. 1252 |
|---|
| 1866 | + | (2) In all cases resulting in an order for involuntary 1253 |
|---|
| 1867 | + | treatment services, the court shall retain jurisdiction over the 1254 |
|---|
| 1868 | + | case and the parties for the entry of such f urther orders as the 1255 |
|---|
| 1869 | + | circumstances may require. The court's requirements for 1256 |
|---|
| 1870 | + | notification of proposed release must be included in the 1257 |
|---|
| 1871 | + | original order. 1258 |
|---|
| 1872 | + | (3) An involuntary treatment services order also 1259 |
|---|
| 1873 | + | authorizes the licensed service provider to require the 1260 |
|---|
| 1874 | + | individual to receive treatment services that will benefit him 1261 |
|---|
| 1875 | + | or her, including treatment services at any licensable service 1262 |
|---|
| 1876 | + | component of a licensed service provider. While subject to the 1263 |
|---|
| 1877 | + | court's oversight, the service provider's authority under this 1264 |
|---|
| 1878 | + | section is separate and distinct from the court's broad 1265 |
|---|
| 1879 | + | continuing jurisdiction under subsection (2). Such oversight 1266 |
|---|
| 1880 | + | includes, but is not limited to, submitting reports regarding 1267 |
|---|
| 1881 | + | the respondent's progress or compliance with treatment as 1268 |
|---|
| 1882 | + | required by the court. 1269 |
|---|
| 1883 | + | (4) If the court orders involuntary treatment services, a 1270 |
|---|
| 1884 | + | copy of the order must be sent to the managing entity within 1 1271 |
|---|
| 1885 | + | working day after it is received from the court. Documents may 1272 |
|---|
| 1886 | + | be submitted electronically through though existing data 1273 |
|---|
| 1887 | + | systems, if applicable. The department shall also receive and 1274 |
|---|
| 1888 | + | maintain copies of involuntary assessment and treatment orders 1275 |
|---|
| 1889 | + | |
|---|
| 1890 | + | CS/HB 1143 2022 |
|---|
| 1891 | + | |
|---|
| 1892 | + | |
|---|
| 1893 | + | |
|---|
| 1894 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1895 | + | hb1143-01-c1 |
|---|
| 1901 | | - | maintain copies of involuntary assessment and treatment orders 1276 |
|---|
| 1902 | | - | issued pursuant to ss. 397.6955 and 397.6957, professional 1277 |
|---|
| 1903 | | - | certificates, and law enforcement officers' protective custody 1278 |
|---|
| 1904 | | - | reports. These docume nts shall be used to prepare annual reports 1279 |
|---|
| 1905 | | - | analyzing the data obtained from these documents, without 1280 |
|---|
| 1906 | | - | information identifying patients, and the department shall 1281 |
|---|
| 1907 | | - | provide copies of these reports on its website, beginning July 1282 |
|---|
| 1908 | | - | 1, 2023. 1283 |
|---|
| 1909 | | - | Section 32. Section 397.6971, Florida Statutes, is amended 1284 |
|---|
| 1910 | | - | to read: 1285 |
|---|
| 1911 | | - | 397.6971 Early release from involuntary treatment 1286 |
|---|
| 1912 | | - | services.— 1287 |
|---|
| 1913 | | - | (1) At any time before the end of the 90 -day involuntary 1288 |
|---|
| 1914 | | - | treatment services period, or before the end of any extension 1289 |
|---|
| 1915 | | - | granted pursuant to s. 397.6975, an individual receiving 1290 |
|---|
| 1916 | | - | involuntary treatment services may be determined eligible for 1291 |
|---|
| 1917 | | - | discharge to the most appropriate referral or disposition for 1292 |
|---|
| 1918 | | - | the individual when any of the following apply: 1293 |
|---|
| 1919 | | - | (a) The individual no longer meets the criteria for 1294 |
|---|
| 1920 | | - | involuntary admission and has given his or her informed consent 1295 |
|---|
| 1921 | | - | to be transferred to voluntary treatment status. 1296 |
|---|
| 1922 | | - | (b) If the individual was admitted on the grounds of 1297 |
|---|
| 1923 | | - | likelihood of self-neglect or the infliction of physical harm 1298 |
|---|
| 1924 | | - | upon himself or herself or others, such likelihood no longer 1299 |
|---|
| 1925 | | - | exists. 1300 |
|---|
| 1926 | | - | |
|---|
| 1927 | | - | CS/CS/HB 1143 2022 |
|---|
| 1928 | | - | |
|---|
| 1929 | | - | |
|---|
| 1930 | | - | |
|---|
| 1931 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1932 | | - | hb1143-02-c2 |
|---|
| 1901 | + | issued pursuant to ss. 397.6955 and 397.6957, professional 1276 |
|---|
| 1902 | + | certificates, and law enforcement officers' protective custody 1277 |
|---|
| 1903 | + | reports. These docume nts shall be used to prepare annual reports 1278 |
|---|
| 1904 | + | analyzing the data obtained from these documents, without 1279 |
|---|
| 1905 | + | information identifying patients, and the department shall 1280 |
|---|
| 1906 | + | provide copies of these reports on its website, beginning July 1281 |
|---|
| 1907 | + | 1, 2023. 1282 |
|---|
| 1908 | + | Section 32. Section 397.6971, Florida Statutes, is amended 1283 |
|---|
| 1909 | + | to read: 1284 |
|---|
| 1910 | + | 397.6971 Early release from involuntary treatment 1285 |
|---|
| 1911 | + | services.— 1286 |
|---|
| 1912 | + | (1) At any time before the end of the 90 -day involuntary 1287 |
|---|
| 1913 | + | treatment services period, or before the end of any extension 1288 |
|---|
| 1914 | + | granted pursuant to s. 397.6975, an individual receiving 1289 |
|---|
| 1915 | + | involuntary treatment services may be determined eligible for 1290 |
|---|
| 1916 | + | discharge to the most appropriate referral or disposition for 1291 |
|---|
| 1917 | + | the individual when any of the following apply: 1292 |
|---|
| 1918 | + | (a) The individual no longer meets the criteria for 1293 |
|---|
| 1919 | + | involuntary admission and has given his or her informed consent 1294 |
|---|
| 1920 | + | to be transferred to voluntary treatment status. 1295 |
|---|
| 1921 | + | (b) If the individual was admitted on the grounds of 1296 |
|---|
| 1922 | + | likelihood of self-neglect or the infliction of physical harm 1297 |
|---|
| 1923 | + | upon himself or herself or others, such likelihood no longer 1298 |
|---|
| 1924 | + | exists. 1299 |
|---|
| 1925 | + | (c) If the individual was admitted on the grounds of need 1300 |
|---|
| 1926 | + | |
|---|
| 1927 | + | CS/HB 1143 2022 |
|---|
| 1928 | + | |
|---|
| 1929 | + | |
|---|
| 1930 | + | |
|---|
| 1931 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1932 | + | hb1143-01-c1 |
|---|
| 1938 | | - | (c) If the individual was admitted on the grounds of need 1301 |
|---|
| 1939 | | - | for assessment and stabilization or treatment, accompanied by 1302 |
|---|
| 1940 | | - | inability to make a determination re specting such need: 1303 |
|---|
| 1941 | | - | 1. Such inability no longer exists; or 1304 |
|---|
| 1942 | | - | 2. It is evident that further treatment will not bring 1305 |
|---|
| 1943 | | - | about further significant improvements in the individual's 1306 |
|---|
| 1944 | | - | condition. 1307 |
|---|
| 1945 | | - | (d) The individual is no longer needs treatment in need of 1308 |
|---|
| 1946 | | - | services. 1309 |
|---|
| 1947 | | - | (e) The director of the service provider determines that 1310 |
|---|
| 1948 | | - | the individual is beyond the safe management capabilities of the 1311 |
|---|
| 1949 | | - | provider. 1312 |
|---|
| 1950 | | - | (2) Whenever a qualified professional determines that an 1313 |
|---|
| 1951 | | - | individual admitted for involuntary treatment services qualifies 1314 |
|---|
| 1952 | | - | for early release under subsection (1), the service provider 1315 |
|---|
| 1953 | | - | shall immediately discharge the individual and must notify all 1316 |
|---|
| 1954 | | - | persons specified by the court in the original treatment order. 1317 |
|---|
| 1955 | | - | Section 33. Section 397.6975, Florida Statutes, is amended 1318 |
|---|
| 1956 | | - | to read: 1319 |
|---|
| 1957 | | - | 397.6975 Extension of involuntary treatment services 1320 |
|---|
| 1958 | | - | period.— 1321 |
|---|
| 1959 | | - | (1) Whenever a service provider believes that an 1322 |
|---|
| 1960 | | - | individual who is nearing the scheduled date of his or her 1323 |
|---|
| 1961 | | - | release from involuntary treatment services continues to meet 1324 |
|---|
| 1962 | | - | the criteria for involuntary treatment services in s. 397.693 or 1325 |
|---|
| 1963 | | - | |
|---|
| 1964 | | - | CS/CS/HB 1143 2022 |
|---|
| 1965 | | - | |
|---|
| 1966 | | - | |
|---|
| 1967 | | - | |
|---|
| 1968 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1969 | | - | hb1143-02-c2 |
|---|
| 1938 | + | for assessment and stabilization or treatment, accompanied by 1301 |
|---|
| 1939 | + | inability to make a determination re specting such need: 1302 |
|---|
| 1940 | + | 1. Such inability no longer exists; or 1303 |
|---|
| 1941 | + | 2. It is evident that further treatment will not bring 1304 |
|---|
| 1942 | + | about further significant improvements in the individual's 1305 |
|---|
| 1943 | + | condition. 1306 |
|---|
| 1944 | + | (d) The individual is no longer needs treatment in need of 1307 |
|---|
| 1945 | + | services. 1308 |
|---|
| 1946 | + | (e) The director of the service provider determines that 1309 |
|---|
| 1947 | + | the individual is beyond the safe management capabilities of the 1310 |
|---|
| 1948 | + | provider. 1311 |
|---|
| 1949 | + | (2) Whenever a qualified professional determines that an 1312 |
|---|
| 1950 | + | individual admitted for involuntary treatment services qualifies 1313 |
|---|
| 1951 | + | for early release under subsection (1), the service provider 1314 |
|---|
| 1952 | + | shall immediately discharge the individual and must notify all 1315 |
|---|
| 1953 | + | persons specified by the court in the original treatment order. 1316 |
|---|
| 1954 | + | Section 33. Section 397.6975, Florida Statutes, is amended 1317 |
|---|
| 1955 | + | to read: 1318 |
|---|
| 1956 | + | 397.6975 Extension of involuntary treatment services 1319 |
|---|
| 1957 | + | period.— 1320 |
|---|
| 1958 | + | (1) Whenever a service provider believes that an 1321 |
|---|
| 1959 | + | individual who is nearing the scheduled date of his or her 1322 |
|---|
| 1960 | + | release from involuntary treatment services continues to meet 1323 |
|---|
| 1961 | + | the criteria for involuntary treatment services in s. 397.693 or 1324 |
|---|
| 1962 | + | s. 397.6957, a petition for renewal of the involuntary treatment 1325 |
|---|
| 1963 | + | |
|---|
| 1964 | + | CS/HB 1143 2022 |
|---|
| 1965 | + | |
|---|
| 1966 | + | |
|---|
| 1967 | + | |
|---|
| 1968 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1969 | + | hb1143-01-c1 |
|---|
| 1975 | | - | s. 397.6957, a petition for renewal of the involuntary treatment 1326 |
|---|
| 1976 | | - | services order must may be filed with the court at least 10 days 1327 |
|---|
| 1977 | | - | before the expiration of the court -ordered services period . The 1328 |
|---|
| 1978 | | - | petition may be filed by the service provider or by the person 1329 |
|---|
| 1979 | | - | who filed the petition for the initial treatment order if the 1330 |
|---|
| 1980 | | - | petition is accompanied by supporting documentation from the 1331 |
|---|
| 1981 | | - | service provider. The court shall immediately schedule a hearing 1332 |
|---|
| 1982 | | - | within 10 court working to be held not more than 15 days after 1333 |
|---|
| 1983 | | - | filing of the petition and. The court shall provide the copy of 1334 |
|---|
| 1984 | | - | the petition for renewal and the notice of the hearing to all 1335 |
|---|
| 1985 | | - | parties and counsel to the proceeding. The hearing is conducted 1336 |
|---|
| 1986 | | - | pursuant to ss. 397.6957 and 397.697 and must be before the 1337 |
|---|
| 1987 | | - | circuit court unless referred to a magistrate s. 397.6957. 1338 |
|---|
| 1988 | | - | (2) If the court finds that the petition for renewal of 1339 |
|---|
| 1989 | | - | the involuntary treatment services order should be granted, it 1340 |
|---|
| 1990 | | - | may order the respondent to rece ive involuntary treatment 1341 |
|---|
| 1991 | | - | services for a period not to exceed an additional 90 days. When 1342 |
|---|
| 1992 | | - | the conditions justifying involuntary treatment services no 1343 |
|---|
| 1993 | | - | longer exist, the individual must be released as provided in s. 1344 |
|---|
| 1994 | | - | 397.6971. When the conditions justifying i nvoluntary treatment 1345 |
|---|
| 1995 | | - | services continue to exist after an additional 90 days of 1346 |
|---|
| 1996 | | - | treatment service, a new petition requesting renewal of the 1347 |
|---|
| 1997 | | - | involuntary treatment services order may be filed pursuant to 1348 |
|---|
| 1998 | | - | this section. 1349 |
|---|
| 1999 | | - | (3) Within 1 court working day after th e filing of a 1350 |
|---|
| 2000 | | - | |
|---|
| 2001 | | - | CS/CS/HB 1143 2022 |
|---|
| 2002 | | - | |
|---|
| 2003 | | - | |
|---|
| 2004 | | - | |
|---|
| 2005 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2006 | | - | hb1143-02-c2 |
|---|
| 1975 | + | services order must may be filed with the court at least 10 days 1326 |
|---|
| 1976 | + | before the expiration of the court -ordered services period . The 1327 |
|---|
| 1977 | + | petition may be filed by the service provider or by the person 1328 |
|---|
| 1978 | + | who filed the petition for the initial treatment order if the 1329 |
|---|
| 1979 | + | petition is accompanied by supporting documentation from the 1330 |
|---|
| 1980 | + | service provider. The court shall immediately schedule a hearing 1331 |
|---|
| 1981 | + | within 10 court working to be held not more than 15 days after 1332 |
|---|
| 1982 | + | filing of the petition and. The court shall provide the copy of 1333 |
|---|
| 1983 | + | the petition for renewal and the notice of the hearing to all 1334 |
|---|
| 1984 | + | parties and counsel to the proceeding. The hearing is conducted 1335 |
|---|
| 1985 | + | pursuant to ss. 397.6957 and 397.697 and must be before the 1336 |
|---|
| 1986 | + | circuit court unless referred to a magistrate s. 397.6957. 1337 |
|---|
| 1987 | + | (2) If the court finds that the petition for renewal of 1338 |
|---|
| 1988 | + | the involuntary treatment services order should be granted, it 1339 |
|---|
| 1989 | + | may order the respondent to rece ive involuntary treatment 1340 |
|---|
| 1990 | + | services for a period not to exceed an additional 90 days. When 1341 |
|---|
| 1991 | + | the conditions justifying involuntary treatment services no 1342 |
|---|
| 1992 | + | longer exist, the individual must be released as provided in s. 1343 |
|---|
| 1993 | + | 397.6971. When the conditions justifying i nvoluntary treatment 1344 |
|---|
| 1994 | + | services continue to exist after an additional 90 days of 1345 |
|---|
| 1995 | + | treatment service, a new petition requesting renewal of the 1346 |
|---|
| 1996 | + | involuntary treatment services order may be filed pursuant to 1347 |
|---|
| 1997 | + | this section. 1348 |
|---|
| 1998 | + | (3) Within 1 court working day after th e filing of a 1349 |
|---|
| 1999 | + | petition for continued involuntary services, the court shall 1350 |
|---|
| 2000 | + | |
|---|
| 2001 | + | CS/HB 1143 2022 |
|---|
| 2002 | + | |
|---|
| 2003 | + | |
|---|
| 2004 | + | |
|---|
| 2005 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2006 | + | hb1143-01-c1 |
|---|
| 2012 | | - | petition for continued involuntary services, the court shall 1351 |
|---|
| 2013 | | - | appoint the office of criminal conflict and civil regional 1352 |
|---|
| 2014 | | - | counsel to represent the respondent, unless the respondent is 1353 |
|---|
| 2015 | | - | otherwise represented by counsel. The clerk of the court sha ll 1354 |
|---|
| 2016 | | - | immediately notify the office of criminal conflict and civil 1355 |
|---|
| 2017 | | - | regional counsel of such appointment. The office of criminal 1356 |
|---|
| 2018 | | - | conflict and civil regional counsel shall represent the 1357 |
|---|
| 2019 | | - | respondent until the petition is dismissed or the court order 1358 |
|---|
| 2020 | | - | expires or the respondent is discharged from involuntary 1359 |
|---|
| 2021 | | - | services. Any attorney representing the respondent shall have 1360 |
|---|
| 2022 | | - | access to the respondent, witnesses, and records relevant to the 1361 |
|---|
| 2023 | | - | presentation of the respondent's case and shall represent the 1362 |
|---|
| 2024 | | - | interests of the respon dent, regardless of the source of payment 1363 |
|---|
| 2025 | | - | to the attorney. 1364 |
|---|
| 2026 | | - | (4) Hearings on petitions for continued involuntary 1365 |
|---|
| 2027 | | - | services shall be before the circuit court. The court may 1366 |
|---|
| 2028 | | - | appoint a magistrate to preside at the hearing. The procedures 1367 |
|---|
| 2029 | | - | for obtaining an order pursuant to this section shall be in 1368 |
|---|
| 2030 | | - | accordance with s. 397.697. 1369 |
|---|
| 2031 | | - | (5) Notice of hearing shall be provided to the respondent 1370 |
|---|
| 2032 | | - | or his or her counsel. The respondent and the respondent's 1371 |
|---|
| 2033 | | - | counsel may agree to a period of continued involuntary services 1372 |
|---|
| 2034 | | - | without a court hearing. 1373 |
|---|
| 2035 | | - | (6) The same procedure shall be repeated before the 1374 |
|---|
| 2036 | | - | expiration of each additional period of involuntary services. 1375 |
|---|
| 2037 | | - | |
|---|
| 2038 | | - | CS/CS/HB 1143 2022 |
|---|
| 2039 | | - | |
|---|
| 2040 | | - | |
|---|
| 2041 | | - | |
|---|
| 2042 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2043 | | - | hb1143-02-c2 |
|---|
| 2012 | + | appoint the office of criminal conflict and civil regional 1351 |
|---|
| 2013 | + | counsel to represent the respondent, unless the respondent is 1352 |
|---|
| 2014 | + | otherwise represented by counsel. The clerk of the court sha ll 1353 |
|---|
| 2015 | + | immediately notify the office of criminal conflict and civil 1354 |
|---|
| 2016 | + | regional counsel of such appointment. The office of criminal 1355 |
|---|
| 2017 | + | conflict and civil regional counsel shall represent the 1356 |
|---|
| 2018 | + | respondent until the petition is dismissed or the court order 1357 |
|---|
| 2019 | + | expires or the respondent is discharged from involuntary 1358 |
|---|
| 2020 | + | services. Any attorney representing the respondent shall have 1359 |
|---|
| 2021 | + | access to the respondent, witnesses, and records relevant to the 1360 |
|---|
| 2022 | + | presentation of the respondent's case and shall represent the 1361 |
|---|
| 2023 | + | interests of the respon dent, regardless of the source of payment 1362 |
|---|
| 2024 | + | to the attorney. 1363 |
|---|
| 2025 | + | (4) Hearings on petitions for continued involuntary 1364 |
|---|
| 2026 | + | services shall be before the circuit court. The court may 1365 |
|---|
| 2027 | + | appoint a magistrate to preside at the hearing. The procedures 1366 |
|---|
| 2028 | + | for obtaining an order pursuant to this section shall be in 1367 |
|---|
| 2029 | + | accordance with s. 397.697. 1368 |
|---|
| 2030 | + | (5) Notice of hearing shall be provided to the respondent 1369 |
|---|
| 2031 | + | or his or her counsel. The respondent and the respondent's 1370 |
|---|
| 2032 | + | counsel may agree to a period of continued involuntary services 1371 |
|---|
| 2033 | + | without a court hearing. 1372 |
|---|
| 2034 | + | (6) The same procedure shall be repeated before the 1373 |
|---|
| 2035 | + | expiration of each additional period of involuntary services. 1374 |
|---|
| 2036 | + | (7) If the respondent has previously been found 1375 |
|---|
| 2037 | + | |
|---|
| 2038 | + | CS/HB 1143 2022 |
|---|
| 2039 | + | |
|---|
| 2040 | + | |
|---|
| 2041 | + | |
|---|
| 2042 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2043 | + | hb1143-01-c1 |
|---|
| 2049 | | - | (7) If the respondent has previously been found 1376 |
|---|
| 2050 | | - | incompetent to consent to treatment, the court shall consider 1377 |
|---|
| 2051 | | - | testimony and evidence regarding the respondent's competence. 1378 |
|---|
| 2052 | | - | Section 34. Section 397.6977, Florida Statutes, is amended 1379 |
|---|
| 2053 | | - | to read: 1380 |
|---|
| 2054 | | - | 397.6977 Disposition of individual upon completion of 1381 |
|---|
| 2055 | | - | involuntary treatment services.—At the conclusion of the 90 -day 1382 |
|---|
| 2056 | | - | period of court-ordered involuntary treatment services, the 1383 |
|---|
| 2057 | | - | respondent is automatically discharged unless a motion for 1384 |
|---|
| 2058 | | - | renewal of the involuntary treatment services order has been 1385 |
|---|
| 2059 | | - | filed with the court pursuant to s. 397.6975. 1386 |
|---|
| 2060 | | - | Section 35. Section 397.6978, Florida Statutes, is 1387 |
|---|
| 2061 | | - | repealed. 1388 |
|---|
| 2062 | | - | Section 36. Paragraph (c) of subsection (7) of section 1389 |
|---|
| 2063 | | - | 394.4655, Florida Statutes, is amended to read: 1390 |
|---|
| 2064 | | - | 394.4655 Involuntary outpatient services. — 1391 |
|---|
| 2065 | | - | (7) HEARING ON INVOLUNTARY OUTPATIENT SERVICES. — 1392 |
|---|
| 2066 | | - | (c) If, at any time before t he conclusion of the initial 1393 |
|---|
| 2067 | | - | hearing on involuntary outpatient services, it appears to the 1394 |
|---|
| 2068 | | - | court that the person does not meet the criteria for involuntary 1395 |
|---|
| 2069 | | - | outpatient services under this section but, instead, meets the 1396 |
|---|
| 2070 | | - | criteria for involuntary inpatient pl acement, the court may 1397 |
|---|
| 2071 | | - | order the person admitted for involuntary inpatient examination 1398 |
|---|
| 2072 | | - | under s. 394.463. If the person instead meets the criteria for 1399 |
|---|
| 2073 | | - | involuntary assessment, protective custody, or involuntary 1400 |
|---|
| 2074 | | - | |
|---|
| 2075 | | - | CS/CS/HB 1143 2022 |
|---|
| 2076 | | - | |
|---|
| 2077 | | - | |
|---|
| 2078 | | - | |
|---|
| 2079 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2080 | | - | hb1143-02-c2 |
|---|
| 2049 | + | incompetent to consent to treatment, the court shall consider 1376 |
|---|
| 2050 | + | testimony and evidence regarding the respondent's competence. 1377 |
|---|
| 2051 | + | Section 34. Section 397.6977, Florida Statutes, is amended 1378 |
|---|
| 2052 | + | to read: 1379 |
|---|
| 2053 | + | 397.6977 Disposition of individual upon completion of 1380 |
|---|
| 2054 | + | involuntary treatment services.—At the conclusion of the 90 -day 1381 |
|---|
| 2055 | + | period of court-ordered involuntary treatment services, the 1382 |
|---|
| 2056 | + | respondent is automatically discharged unless a motion for 1383 |
|---|
| 2057 | + | renewal of the involuntary treatment services order has been 1384 |
|---|
| 2058 | + | filed with the court pursuant to s. 397.6975. 1385 |
|---|
| 2059 | + | Section 35. Section 397.6978, Florida Statutes, is 1386 |
|---|
| 2060 | + | repealed. 1387 |
|---|
| 2061 | + | Section 36. Paragraph (c) of subsection (7) of section 1388 |
|---|
| 2062 | + | 394.4655, Florida Statutes, is amended to read: 1389 |
|---|
| 2063 | + | 394.4655 Involuntary outpatient services. — 1390 |
|---|
| 2064 | + | (7) HEARING ON INVOLUNTARY OUTPATIENT SERVICES. — 1391 |
|---|
| 2065 | + | (c) If, at any time before t he conclusion of the initial 1392 |
|---|
| 2066 | + | hearing on involuntary outpatient services, it appears to the 1393 |
|---|
| 2067 | + | court that the person does not meet the criteria for involuntary 1394 |
|---|
| 2068 | + | outpatient services under this section but, instead, meets the 1395 |
|---|
| 2069 | + | criteria for involuntary inpatient pl acement, the court may 1396 |
|---|
| 2070 | + | order the person admitted for involuntary inpatient examination 1397 |
|---|
| 2071 | + | under s. 394.463. If the person instead meets the criteria for 1398 |
|---|
| 2072 | + | involuntary assessment, protective custody, or involuntary 1399 |
|---|
| 2073 | + | admission pursuant to s. 397.675, the court may order the person 1400 |
|---|
| 2074 | + | |
|---|
| 2075 | + | CS/HB 1143 2022 |
|---|
| 2076 | + | |
|---|
| 2077 | + | |
|---|
| 2078 | + | |
|---|
| 2079 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2080 | + | hb1143-01-c1 |
|---|
| 2086 | | - | admission pursuant to s. 397.675, the court may order the person 1401 |
|---|
| 2087 | | - | to be admitted for involuntary assessment for a period of 5 days 1402 |
|---|
| 2088 | | - | pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings 1403 |
|---|
| 2089 | | - | are governed by chapter 397. 1404 |
|---|
| 2090 | | - | Section 37. For the 2022-2023 fiscal year, the sum of 1405 |
|---|
| 2091 | | - | $633,000 in recurring funds from the General Revenue Fund is 1406 |
|---|
| 2092 | | - | appropriated to the Department of Children and Families for the 1407 |
|---|
| 2093 | | - | purpose of implementing this act. 1408 |
|---|
| 2094 | | - | Section 38. This act shall take effect July 1, 2022. 1409 |
|---|
| 2086 | + | to be admitted for involuntary assessment for a period of 5 days 1401 |
|---|
| 2087 | + | pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings 1402 |
|---|
| 2088 | + | are governed by chapter 397. 1403 |
|---|
| 2089 | + | Section 37. This act shall take effect July 1, 2022. 1404 |
|---|