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