Florida Senate - 2022 SB 1844 By Senator Bean 4-01130B-22 20221844__ 1 A bill to be entitled 2 An act relating to mental health and substance abuse; 3 amending s. 394.455, F.S.; conforming a provision to 4 changes made by the act; amending s. 394.459, F.S.; 5 revising review requirements for specified 6 restrictions relating to a patients right to 7 communicate or to receive visitors; requiring 8 facilities to inform patients with a serious mental 9 illness of the essential elements of recovery and 10 provide them assistance in accessing a continuum of 11 care regimen; authorizing the Department of Children 12 and Families to adopt certain rules; amending s. 13 394.461, F.S.; authorizing the state to establish that 14 a transfer evaluation was performed by providing the 15 court with a copy of the evaluation before the close 16 of the states case in chief; prohibiting the court 17 from considering substantive information in the 18 transfer evaluation unless the evaluator testifies at 19 the hearing; amending s. 394.462, F.S.; conforming 20 provisions to changes made by the act; amending s. 21 394.463, F.S.; revising the requirements for when a 22 person may be taken to a receiving facility for 23 involuntary examination; requiring law enforcement 24 officers transporting individuals for involuntary 25 treatment to take certain actions; revising 26 requirements for annual reports relating to 27 involuntary treatment; requiring that certain reports 28 be sent to the Governor; revising when a patient may 29 be released by a receiving facility; requiring a 30 facility to inform the department of certain persons 31 who have been examined or committed under certain 32 circumstances; amending s. 394.4655, F.S.; conforming 33 a provision to changes made by the act; amending s. 34 394.467, F.S.; revising the requirements for when a 35 person may be ordered for involuntary inpatient 36 placement; revising requirements for continuances of 37 hearings; revising the conditions under which a court 38 may waive the requirement for a patient to be present 39 at an involuntary inpatient placement hearing; 40 authorizing the court to permit all witnesses to 41 attend and testify remotely at the hearing through 42 certain means; requiring facilities to make certain 43 clinical records available to a state attorney within 44 a specified timeframe; specifying that such records 45 remain confidential and may not be used for certain 46 purposes; revising when the court may appoint a 47 magistrate; requiring the court to allow certain 48 testimony from individuals; revising the amount of 49 time a court may require a patient to receive 50 services; requiring facilities to discharge patients 51 after they no longer meet the criteria for involuntary 52 inpatient treatment; prohibiting courts from ordering 53 that individuals with developmental disabilities be 54 involuntarily placed in a state treatment facility; 55 requiring such individuals to be referred to certain 56 agencies for evaluation and services; authorizing 57 facilities to hold specified individuals under certain 58 circumstances; conforming provisions to changes made 59 by the act; amending ss. 394.495 and 394.496, F.S.; 60 conforming provisions to changes made by the act; 61 amending s. 394.499, F.S.; making a technical change; 62 conforming a provision to changes made by the act; 63 amending s. 397.305, F.S.; revising the purpose of ch. 64 397, F.S.; amending s. 397.311, F.S.; revising 65 definitions; creating s. 397.341, F.S.; requiring law 66 enforcement officers transporting individuals for 67 treatment to take certain actions; amending s. 68 397.501, F.S.; requiring that respondents with serious 69 substance use disorders be informed of the essential 70 elements of recovery and provided with assistance 71 accessing a continuum of care regimen; authorizing the 72 department to adopt certain rules; amending s. 73 397.675, F.S.; revising the criteria for involuntary 74 admissions; amending s. 397.6751, F.S.; revising the 75 responsibilities of a service provider; amending s. 76 397.681, F.S.; revising where involuntary treatment 77 petitions for substance abuse impaired persons may be 78 filed; revising what part of such proceedings a 79 general or special magistrate may preside over; 80 requiring that the state attorney represent the state 81 as the real party of interest in an involuntary 82 proceeding, subject to legislative appropriation; 83 providing that the petitioner has the right to be 84 heard; specifying that certain records obtained by a 85 state attorney must remain confidential and may not be 86 used for certain purposes; conforming provisions to 87 changes made by the act; repealing s. 397.6811, F.S., 88 relating to involuntary assessment and stabilization; 89 repealing s. 397.6814, F.S., relating to petitions for 90 involuntary assessment and stabilization; repealing s. 91 397.6815, F.S., relating to involuntary assessment and 92 stabilization procedures; repealing s. 397.6818, F.S., 93 relating to court determinations for petitions for 94 involuntary assessment and stabilization; repealing s. 95 397.6819, F.S., relating to the responsibilities of 96 licensed service providers with regard to involuntary 97 assessment and stabilization; repealing s. 397.6821, 98 F.S., relating to extensions of time for completion of 99 involuntary assessment and stabilization; repealing s. 100 397.6822, F.S., relating to the disposition of 101 individuals after involuntary assessment; amending s. 102 397.693, F.S.; revising the circumstances under which 103 a person is eligible for court-ordered involuntary 104 treatment; amending s. 397.695, F.S.; authorizing the 105 court or clerk of the court to waive or prohibit any 106 service of process fees for an indigent petitioner; 107 amending s. 397.6951, F.S.; revising the requirements 108 for the contents of a petition for involuntary 109 treatment services; authorizing a petitioner to 110 include with the petition a certificate or report of a 111 qualified professional; requiring the certificate or 112 report to contain certain information; requiring that 113 certain additional information be included if an 114 emergency exists; amending s. 397.6955, F.S.; 115 requiring the clerk of the court to notify the state 116 attorneys office upon the receipt of a petition filed 117 for involuntary treatment services; revising when the 118 office of criminal conflict and civil regional counsel 119 represents a person; revising when a hearing must be 120 held on the petition; requiring law enforcement 121 agencies to effect service for initial treatment 122 hearings unless certain requirements are met; 123 providing requirements for when a petitioner asserts 124 that emergency circumstances exist or the court 125 determines that an emergency exists; conforming 126 provisions to changes made by the act; amending s. 127 397.6957, F.S.; expanding the exemption from the 128 requirement that a respondent be present at a hearing 129 on a petition for involuntary treatment services; 130 authorizing the court to order drug tests and permit 131 all witnesses to remotely attend and testify at the 132 hearing through certain means; deleting a provision 133 requiring the court to appoint a guardian advocate 134 under certain circumstances; prohibiting a respondent 135 from being involuntarily ordered into treatment unless 136 certain requirements are met; providing requirements 137 relating to involuntary assessment and stabilization 138 orders; providing requirements relating to involuntary 139 treatment hearings; requiring that the assessment of a 140 respondent occur before a specified time unless 141 certain requirements are met; requiring a qualified 142 professional to provide copies of his or her report to 143 the court and all relevant parties and counsel; 144 providing requirements for the report; authorizing a 145 court to order certain persons to take a respondent 146 into custody and transport him or her to or from 147 certain service providers and the court; revising the 148 petitioners burden of proof in the hearing; 149 authorizing the court to initiate involuntary 150 proceedings under certain circumstances; requiring 151 that, if a treatment order is issued, it must include 152 certain findings; amending s. 397.697, F.S.; making 153 technical changes; requiring that an individual meet 154 certain requirements to qualify for involuntary 155 outpatient treatment; specifying that certain hearings 156 may be set by the motion of a party or under the 157 courts own authority; specifying that a service 158 providers authority is separate and distinct from the 159 courts jurisdiction; requiring the department to 160 receive and maintain copies of certain documents and 161 to use information from the documents to prepare 162 annual reports; requiring the department to provide 163 copies of the reports to the Governor and the 164 Legislature; amending s. 397.6971, F.S.; revising when 165 an individual receiving involuntary treatment services 166 may be determined eligible for discharge; conforming 167 provisions to changes made by the act; amending s. 168 397.6975, F.S.; authorizing certain entities to file a 169 petition for renewal of involuntary treatment 170 services; revising the timeframe during which the 171 court is required to schedule a hearing; conforming 172 provisions to changes made by the act; amending s. 173 397.6977, F.S.; conforming provisions to changes made 174 by the act; repealing s. 397.6978, F.S., relating to 175 the appointment of guardian advocates; providing an 176 effective date. 177 178 Be It Enacted by the Legislature of the State of Florida: 179 180 Section 1.Subsection (23) of section 394.455, Florida 181 Statutes, is amended to read: 182 394.455Definitions.As used in this part, the term: 183 (23)Involuntary examination means an examination 184 performed under s. 394.463, s. 397.6772, s. 397.679, s. 185 397.6798, or s. 397.6957 s. 397.6811 to determine whether a 186 person qualifies for involuntary services. 187 Section 2.Paragraph (c) of subsection (5) of section 188 394.459, Florida Statutes, is amended, and subsection (13) is 189 added to that section, to read: 190 394.459Rights of patients. 191 (5)COMMUNICATION, ABUSE REPORTING, AND VISITS. 192 (c)Each facility must permit immediate access to any 193 patient, subject to the patients right to deny or withdraw 194 consent at any time, by the patients family members, guardian, 195 guardian advocate, representative, Florida statewide or local 196 advocacy council, or attorney, unless such access would be 197 detrimental to the patient. If a patients right to communicate 198 or to receive visitors is restricted by the facility, written 199 notice of such restriction and the reasons for the restriction 200 shall be served on the patient, the patients attorney, and the 201 patients guardian, guardian advocate, or representative; and 202 such restriction shall be recorded on the patients clinical 203 record with the reasons therefor. The restriction of a patients 204 right to communicate or to receive visitors shall be reviewed at 205 least every 72 hours, or no later than the next working day if 206 such period ends on a weekend or holiday 7 days. The right to 207 communicate or receive visitors shall not be restricted as a 208 means of punishment. Nothing in this paragraph shall be 209 construed to limit the provisions of paragraph (d). 210 (13)POST-DISCHARGE CONTINUUM OF CARE.Upon discharge, the 211 facility must inform a patient with a serious mental illness of 212 the essential elements of recovery and provide assistance with 213 accessing a continuum of care regimen. The department may adopt 214 rules specifying the services that may be provided to such 215 patients. 216 Section 3.Subsection (2) of section 394.461, Florida 217 Statutes, is amended to read: 218 394.461Designation of receiving and treatment facilities 219 and receiving systems.The department is authorized to designate 220 and monitor receiving facilities, treatment facilities, and 221 receiving systems and may suspend or withdraw such designation 222 for failure to comply with this part and rules adopted under 223 this part. Unless designated by the department, facilities are 224 not permitted to hold or treat involuntary patients under this 225 part. 226 (2)TREATMENT FACILITY.The department may designate any 227 state-owned, state-operated, or state-supported facility as a 228 state treatment facility. A civil patient may shall not be 229 admitted to a state treatment facility without previously 230 undergoing a transfer evaluation. Before the close of the 231 states case in chief in a court hearing for involuntary 232 placement in a state treatment facility, the state may establish 233 that the transfer evaluation was performed and the document was 234 properly executed by providing the court with a copy of the 235 transfer evaluation. The court may not court shall receive and 236 consider the substantive information documented in the transfer 237 evaluation unless the evaluator testifies at the hearing. Any 238 other facility, including a private facility or a federal 239 facility, may be designated as a treatment facility by the 240 department, provided that such designation is agreed to by the 241 appropriate governing body or authority of the facility. 242 Section 4.Section 394.462, Florida Statutes, is amended to 243 read: 244 394.462Transportation.A transportation plan shall be 245 developed and implemented by each county in collaboration with 246 the managing entity in accordance with this section. A county 247 may enter into a memorandum of understanding with the governing 248 boards of nearby counties to establish a shared transportation 249 plan. When multiple counties enter into a memorandum of 250 understanding for this purpose, the counties shall notify the 251 managing entity and provide it with a copy of the agreement. The 252 transportation plan shall describe methods of transport to a 253 facility within the designated receiving system for individuals 254 subject to involuntary examination under s. 394.463 or 255 involuntary admission under s. 397.6772, s. 397.679, s. 256 397.6798, or s. 397.6957 s. 397.6811, and may identify 257 responsibility for other transportation to a participating 258 facility when necessary and agreed to by the facility. The plan 259 may rely on emergency medical transport services or private 260 transport companies, as appropriate. The plan shall comply with 261 the transportation provisions of this section and ss. 397.6772, 262 397.6795, 397.6822, and 397.697. 263 (1)TRANSPORTATION TO A RECEIVING FACILITY. 264 (a)Each county shall designate a single law enforcement 265 agency within the county, or portions thereof, to take a person 266 into custody upon the entry of an ex parte order or the 267 execution of a certificate for involuntary examination by an 268 authorized professional and to transport that person to the 269 appropriate facility within the designated receiving system 270 pursuant to a transportation plan. 271 (b)1.The designated law enforcement agency may decline to 272 transport the person to a receiving facility only if: 273 a.The jurisdiction designated by the county has contracted 274 on an annual basis with an emergency medical transport service 275 or private transport company for transportation of persons to 276 receiving facilities pursuant to this section at the sole cost 277 of the county; and 278 b.The law enforcement agency and the emergency medical 279 transport service or private transport company agree that the 280 continued presence of law enforcement personnel is not necessary 281 for the safety of the person or others. 282 2.The entity providing transportation may seek 283 reimbursement for transportation expenses. The party responsible 284 for payment for such transportation is the person receiving the 285 transportation. The county shall seek reimbursement from the 286 following sources in the following order: 287 a.From a private or public third-party payor, if the 288 person receiving the transportation has applicable coverage. 289 b.From the person receiving the transportation. 290 c.From a financial settlement for medical care, treatment, 291 hospitalization, or transportation payable or accruing to the 292 injured party. 293 (c)A company that transports a patient pursuant to this 294 subsection is considered an independent contractor and is solely 295 liable for the safe and dignified transport of the patient. Such 296 company must be insured and provide no less than $100,000 in 297 liability insurance with respect to the transport of patients. 298 (d)Any company that contracts with a governing board of a 299 county to transport patients shall comply with the applicable 300 rules of the department to ensure the safety and dignity of 301 patients. 302 (e)When a law enforcement officer takes custody of a 303 person pursuant to this part, the officer may request assistance 304 from emergency medical personnel if such assistance is needed 305 for the safety of the officer or the person in custody. 306 (f)When a member of a mental health overlay program or a 307 mobile crisis response service is a professional authorized to 308 initiate an involuntary examination pursuant to s. 394.463 or s. 309 397.675 and that professional evaluates a person and determines 310 that transportation to a receiving facility is needed, the 311 service, at its discretion, may transport the person to the 312 facility or may call on the law enforcement agency or other 313 transportation arrangement best suited to the needs of the 314 patient. 315 (g)When any law enforcement officer has custody of a 316 person based on either noncriminal or minor criminal behavior 317 that meets the statutory guidelines for involuntary examination 318 pursuant to s. 394.463, the law enforcement officer shall 319 transport the person to the appropriate facility within the 320 designated receiving system pursuant to a transportation plan. 321 Persons who meet the statutory guidelines for involuntary 322 admission pursuant to s. 397.675 may also be transported by law 323 enforcement officers to the extent resources are available and 324 as otherwise provided by law. Such persons shall be transported 325 to an appropriate facility within the designated receiving 326 system pursuant to a transportation plan. 327 (h)When any law enforcement officer has arrested a person 328 for a felony and it appears that the person meets the statutory 329 guidelines for involuntary examination or placement under this 330 part, such person must first be processed in the same manner as 331 any other criminal suspect. The law enforcement agency shall 332 thereafter immediately notify the appropriate facility within 333 the designated receiving system pursuant to a transportation 334 plan. The receiving facility shall be responsible for promptly 335 arranging for the examination and treatment of the person. A 336 receiving facility is not required to admit a person charged 337 with a crime for whom the facility determines and documents that 338 it is unable to provide adequate security, but shall provide 339 examination and treatment to the person where he or she is held. 340 (i)If the appropriate law enforcement officer believes 341 that a person has an emergency medical condition as defined in 342 s. 395.002, the person may be first transported to a hospital 343 for emergency medical treatment, regardless of whether the 344 hospital is a designated receiving facility. 345 (j)The costs of transportation, evaluation, 346 hospitalization, and treatment incurred under this subsection by 347 persons who have been arrested for violations of any state law 348 or county or municipal ordinance may be recovered as provided in 349 s. 901.35. 350 (k)The appropriate facility within the designated 351 receiving system pursuant to a transportation plan must accept 352 persons brought by law enforcement officers, or an emergency 353 medical transport service or a private transport company 354 authorized by the county, for involuntary examination pursuant 355 to s. 394.463. 356 (l)The appropriate facility within the designated 357 receiving system pursuant to a transportation plan must provide 358 persons brought by law enforcement officers, or an emergency 359 medical transport service or a private transport company 360 authorized by the county, pursuant to s. 397.675, a basic 361 screening or triage sufficient to refer the person to the 362 appropriate services. 363 (m)Each law enforcement agency designated pursuant to 364 paragraph (a) shall establish a policy that reflects a single 365 set of protocols for the safe and secure transportation and 366 transfer of custody of the person. Each law enforcement agency 367 shall provide a copy of the protocols to the managing entity. 368 (n)When a jurisdiction has entered into a contract with an 369 emergency medical transport service or a private transport 370 company for transportation of persons to facilities within the 371 designated receiving system, such service or company shall be 372 given preference for transportation of persons from nursing 373 homes, assisted living facilities, adult day care centers, or 374 adult family-care homes, unless the behavior of the person being 375 transported is such that transportation by a law enforcement 376 officer is necessary. 377 (o)This section may not be construed to limit emergency 378 examination and treatment of incapacitated persons provided in 379 accordance with s. 401.445. 380 (2)TRANSPORTATION TO A TREATMENT FACILITY. 381 (a)If neither the patient nor any person legally obligated 382 or responsible for the patient is able to pay for the expense of 383 transporting a voluntary or involuntary patient to a treatment 384 facility, the transportation plan established by the governing 385 board of the county or counties must specify how the 386 hospitalized patient will be transported to, from, and between 387 facilities in a safe and dignified manner. 388 (b)A company that transports a patient pursuant to this 389 subsection is considered an independent contractor and is solely 390 liable for the safe and dignified transportation of the patient. 391 Such company must be insured and provide no less than $100,000 392 in liability insurance with respect to the transport of 393 patients. 394 (c)A company that contracts with one or more counties to 395 transport patients in accordance with this section shall comply 396 with the applicable rules of the department to ensure the safety 397 and dignity of patients. 398 (d)County or municipal law enforcement and correctional 399 personnel and equipment may not be used to transport patients 400 adjudicated incapacitated or found by the court to meet the 401 criteria for involuntary placement pursuant to s. 394.467, 402 except in small rural counties where there are no cost-efficient 403 alternatives. 404 (3)TRANSFER OF CUSTODY.Custody of a person who is 405 transported pursuant to this part, along with related 406 documentation, shall be relinquished to a responsible individual 407 at the appropriate receiving or treatment facility. 408 Section 5.Subsection (1) and paragraphs (a), (e), (f), and 409 (g) of subsection (2) of section 394.463, Florida Statutes, are 410 amended to read: 411 394.463Involuntary examination. 412 (1)CRITERIA.A person may be taken to a receiving facility 413 for involuntary examination if there is reason to believe that 414 the person has a mental illness and because of his or her mental 415 illness: 416 (a)1.The person has refused voluntary examination after 417 conscientious explanation and disclosure of the purpose of the 418 examination; or 419 2.The person is unable to determine for himself or herself 420 whether examination is necessary; and 421 (b)1.Without care or treatment, the person is likely to 422 suffer from neglect or refuse to care for himself or herself; 423 such neglect or refusal poses a real and present threat of 424 substantial harm to his or her well-being; and it is not 425 apparent that such harm may be avoided through the help of 426 willing, able, and responsible family members or friends or the 427 provision of other services; or 428 2.There is a substantial likelihood that in the near 429 future and without care or treatment, the person will inflict 430 serious cause serious bodily harm to self himself or herself or 431 others in the near future, as evidenced by recent acts, 432 omissions, or behavior causing, attempting, or threatening such 433 harm. 434 (2)INVOLUNTARY EXAMINATION. 435 (a)An involuntary examination may be initiated by any one 436 of the following means: 437 1.A circuit or county court may enter an ex parte order 438 stating that a person appears to meet the criteria for 439 involuntary examination and specifying the findings on which 440 that conclusion is based. The ex parte order for involuntary 441 examination must be based on written or oral sworn testimony 442 that includes specific facts that support the findings. If other 443 less restrictive means are not available, such as voluntary 444 appearance for outpatient evaluation, a law enforcement officer, 445 or other designated agent of the court, shall take the person 446 into custody and deliver him or her to an appropriate, or the 447 nearest, facility within the designated receiving system 448 pursuant to s. 394.462 for involuntary examination. The order of 449 the court shall be made a part of the patients clinical record. 450 A fee may not be charged for the filing of an order under this 451 subsection. A facility accepting the patient based on this order 452 must send a copy of the order to the department within 5 working 453 days. The order may be submitted electronically through existing 454 data systems, if available. The order shall be valid only until 455 the person is delivered to the facility or for the period 456 specified in the order itself, whichever comes first. If a time 457 limit is not specified in the order, the order is valid for 7 458 days after the date that the order was signed. 459 2.A law enforcement officer may shall take a person who 460 appears to meet the criteria for involuntary examination into 461 custody and deliver the person or have him or her delivered to 462 an appropriate, or the nearest, facility within the designated 463 receiving system pursuant to s. 394.462 for examination. A law 464 enforcement officer transporting a person pursuant to this 465 subparagraph shall consider the persons mental and behavioral 466 state and restrain him or her in the least restrictive manner 467 necessary under the circumstances, especially if the person is a 468 minor. The officer shall execute a written report detailing the 469 circumstances under which the person was taken into custody, 470 which must be made a part of the patients clinical record. Any 471 facility accepting the patient based on this report must send a 472 copy of the report to the department within 5 working days. 473 3.A physician, a physician assistant, a clinical 474 psychologist, a psychiatric nurse, an advanced practice 475 registered nurse registered under s. 464.0123, a mental health 476 counselor, a marriage and family therapist, or a clinical social 477 worker may execute a certificate stating that he or she has 478 examined a person within the preceding 48 hours and finds that 479 the person appears to meet the criteria for involuntary 480 examination and stating the observations upon which that 481 conclusion is based. If other less restrictive means, such as 482 voluntary appearance for outpatient evaluation, are not 483 available, a law enforcement officer shall take into custody the 484 person named in the certificate and deliver him or her to the 485 appropriate, or nearest, facility within the designated 486 receiving system pursuant to s. 394.462 for involuntary 487 examination. The law enforcement officer shall execute a written 488 report detailing the circumstances under which the person was 489 taken into custody. The report and certificate shall be made a 490 part of the patients clinical record. Any facility accepting 491 the patient based on this certificate must send a copy of the 492 certificate to the department within 5 working days. The 493 document may be submitted electronically through existing data 494 systems, if applicable. 495 496 When sending the order, report, or certificate to the 497 department, a facility shall, at a minimum, provide information 498 about which action was taken regarding the patient under 499 paragraph (g), which information shall also be made a part of 500 the patients clinical record. 501 (e)The department shall receive and maintain the copies of 502 ex parte orders, involuntary outpatient services orders issued 503 pursuant to s. 394.4655, involuntary inpatient placement orders 504 issued pursuant to s. 394.467, professional certificates, and 505 law enforcement officers reports. These documents shall be 506 considered part of the clinical record, governed by the 507 provisions of s. 394.4615. These documents shall be used to 508 prepare annual reports analyzing the data obtained from these 509 documents, without information identifying patients, and the 510 department shall provide copies of the reports to the Governor 511 department, the President of the Senate, the Speaker of the 512 House of Representatives, and the minority leaders of the Senate 513 and the House of Representatives. 514 (f)A patient shall be examined by a physician or a 515 clinical psychologist, or by a psychiatric nurse performing 516 within the framework of an established protocol with a 517 psychiatrist at a facility without unnecessary delay to 518 determine if the criteria for involuntary services are met. 519 Emergency treatment may be provided upon the order of a 520 physician if the physician determines that such treatment is 521 necessary for the safety of the patient or others. The patient 522 may not be released by the receiving facility or its contractor 523 without the documented approval of a psychiatrist, or a clinical 524 psychologist, or, if the receiving facility is owned or operated 525 by a hospital or health system, the release may also be approved 526 by a psychiatric nurse performing within the framework of an 527 established protocol with a psychiatrist, or an attending 528 emergency department physician with experience in the diagnosis 529 and treatment of mental illness after completion of an 530 involuntary examination pursuant to this subsection. A 531 psychiatric nurse may not approve the release of a patient if 532 the involuntary examination was initiated by a psychiatrist 533 unless the release is approved by the initiating psychiatrist. 534 (g)The examination period must be for up to 72 hours and 535 begins when a patient arrives at the receiving facility. For a 536 minor, the examination shall be initiated within 12 hours after 537 the patients arrival at the facility. The facility must inform 538 the department of any person who has been examined or committed 539 three or more times under this chapter within a 12-month period. 540 Within the examination period or, if the examination period ends 541 on a weekend or holiday, no later than the next working day 542 thereafter, one of the following actions must be taken, based on 543 the individual needs of the patient: 544 1.The patient shall be released, unless he or she is 545 charged with a crime, in which case the patient shall be 546 returned to the custody of a law enforcement officer; 547 2.The patient shall be released, subject to subparagraph 548 1., for voluntary outpatient treatment; 549 3.The patient, unless he or she is charged with a crime, 550 shall be asked to give express and informed consent to placement 551 as a voluntary patient and, if such consent is given, the 552 patient shall be admitted as a voluntary patient; or 553 4.A petition for involuntary services shall be filed in 554 the circuit court if inpatient treatment is deemed necessary or 555 with the criminal county court, as defined in s. 394.4655(1), as 556 applicable. When inpatient treatment is deemed necessary, the 557 least restrictive treatment consistent with the optimum 558 improvement of the patients condition shall be made available. 559 When a petition is to be filed for involuntary outpatient 560 placement, it shall be filed by one of the petitioners specified 561 in s. 394.4655(4)(a). A petition for involuntary inpatient 562 placement shall be filed by the facility administrator. 563 Section 6.Paragraph (c) of subsection (7) of section 564 394.4655, Florida Statutes, is amended to read: 565 394.4655Involuntary outpatient services. 566 (7)HEARING ON INVOLUNTARY OUTPATIENT SERVICES. 567 (c)If, at any time before the conclusion of the initial 568 hearing on involuntary outpatient services, it appears to the 569 court that the person does not meet the criteria for involuntary 570 outpatient services under this section but, instead, meets the 571 criteria for involuntary inpatient placement, the court may 572 order the person admitted for involuntary inpatient examination 573 under s. 394.463. If the person instead meets the criteria for 574 involuntary assessment, protective custody, or involuntary 575 admission pursuant to s. 397.675, the court may order the person 576 to be admitted for involuntary assessment for a period of 5 days 577 pursuant to s. 397.6811. Thereafter, all proceedings are 578 governed by chapter 397. 579 Section 7.Subsections (1) and (5), paragraphs (a), (b), 580 and (c) of subsection (6), and paragraph (d) of subsection (7) 581 of section 394.467, Florida Statutes, are amended to read: 582 394.467Involuntary inpatient placement. 583 (1)CRITERIA.A person may be ordered for involuntary 584 inpatient placement for treatment upon a finding of the court by 585 clear and convincing evidence that: 586 (a)He or she has a mental illness and because of his or 587 her mental illness: 588 1.a.He or she has refused voluntary inpatient placement 589 for treatment after sufficient and conscientious explanation and 590 disclosure of the purpose of inpatient placement for treatment; 591 or 592 b.He or she is unable to determine for himself or herself 593 whether inpatient placement is necessary; and 594 2.a.He or she is incapable of surviving alone or with the 595 help of willing, able, and responsible family or friends, 596 including available alternative services, and, without 597 treatment, is likely to suffer from neglect or refuse to care 598 for himself or herself, and such neglect or refusal poses a real 599 and present threat of substantial harm to his or her well-being; 600 or 601 b.There is substantial likelihood that in the near future 602 and without services, he or she will inflict serious bodily harm 603 to on self or others, as evidenced by recent acts, omissions, or 604 behavior causing, attempting, or threatening such harm; and 605 (b)All available less restrictive treatment alternatives 606 that would offer an opportunity for improvement of his or her 607 condition have been judged to be inappropriate. 608 (5)CONTINUANCE OF HEARING.The patient and the state are 609 independently entitled is entitled, with the concurrence of the 610 patients counsel, to at least one continuance of the hearing. 611 The patients continuance may be for a period of for up to 4 612 weeks and requires the concurrence of his or her counsel. The 613 states continuance may be for a period of up to 5 court working 614 days and requires a showing of good cause and due diligence by 615 the state before requesting the continuance. The states failure 616 to timely review any readily available document or failure to 617 attempt to contact a known witness does not warrant a 618 continuance. 619 (6)HEARING ON INVOLUNTARY INPATIENT PLACEMENT. 620 (a)1.The court shall hold the hearing on involuntary 621 inpatient placement within 5 court working days, unless a 622 continuance is granted. 623 2.Except for good cause documented in the court file, the 624 hearing must be held in the county or the facility, as 625 appropriate, where the patient is located, must be as convenient 626 to the patient as is consistent with orderly procedure, and 627 shall be conducted in physical settings not likely to be 628 injurious to the patients condition. If the court finds that 629 the patients attendance at the hearing is not consistent with 630 the best interests of, or is likely to be injurious to, the 631 patient, or the patient knowingly, intelligently, and 632 voluntarily waives his or her right to be present, and the 633 patients counsel does not object, the court may waive the 634 presence of the patient from all or any portion of the hearing. 635 Absent a showing of good cause, such as specific symptoms of the 636 patients condition, the court may permit all witnesses, 637 including, but not limited to, any medical professionals or 638 personnel who are or have been involved with the patients 639 treatment, to remotely attend and testify at the hearing under 640 oath through audio-video teleconference. Any witness intending 641 to remotely attend and testify at the hearing must provide the 642 parties with all relevant documents by the close of business on 643 the day before the hearing. The state attorney for the circuit 644 in which the patient is located shall represent the state, 645 rather than the petitioning facility administrator, as the real 646 party in interest in the proceeding. The facility shall make the 647 respondents clinical records available to the state attorney 648 within 24 hours after the involuntary placement petitions 649 filing so that the state can evaluate and prepare its case 650 before the hearing. However, these records shall remain 651 confidential, and the state attorney may not use any record 652 obtained under this part for criminal investigation or 653 prosecution purposes or for any purpose other than the patients 654 civil commitment under this chapter. 655 3.The court may appoint a magistrate to preside at the 656 hearing on the petition and any ancillary proceedings thereto, 657 which include, but are not limited to, writs of habeas corpus 658 issued pursuant to s. 394.459(8). One of the professionals who 659 executed the petition for involuntary inpatient placement 660 certificate shall be a witness. The court shall allow testimony 661 deemed relevant by the court under state law from individuals, 662 including family members, regarding the persons prior history 663 and how that history relates to the persons current condition. 664 The patient and the patients guardian or representative shall 665 be informed by the court of the right to an independent expert 666 examination. If the patient cannot afford such an examination, 667 the court shall ensure that one is provided, as otherwise 668 provided for by law. The independent experts report is 669 confidential and not discoverable, unless the expert is to be 670 called as a witness for the patient at the hearing. The 671 testimony in the hearing must be given under oath, and the 672 proceedings must be recorded. The patient may refuse to testify 673 at the hearing. 674 (b)If the court concludes that the patient meets the 675 criteria for involuntary inpatient placement, it may order that 676 the patient be transferred to a treatment facility or, if the 677 patient is at a treatment facility, that the patient be retained 678 there or be treated at any other appropriate facility, or that 679 the patient receive services, on an involuntary basis, for up to 680 90 days. However, any order for involuntary mental health 681 services in a treatment facility may be for up to 6 months. The 682 order shall specify the nature and extent of the patients 683 mental illness, and, unless the patient has transferred to a 684 voluntary status, the facility must discharge the patient at any 685 time he or she no longer meets the criteria for involuntary 686 inpatient treatment. The court may not order an individual with 687 a developmental disability as defined in s. 393.063, traumatic 688 brain injury, or dementia who lacks a co-occurring mental 689 illness to be involuntarily placed in a state treatment 690 facility. These individuals must be referred to the Agency for 691 Persons with Disabilities or the Department of Elderly Affairs 692 for further evaluation and the provision of appropriate services 693 for their individual needs The facility shall discharge a 694 patient any time the patient no longer meets the criteria for 695 involuntary inpatient placement, unless the patient has 696 transferred to voluntary status. 697 (c)If at any time before the conclusion of the involuntary 698 placement hearing on involuntary inpatient placement it appears 699 to the court that the person does not meet the criteria of for 700 involuntary inpatient placement under this section, but instead 701 meets the criteria for involuntary outpatient services, the 702 court may order the person evaluated for involuntary outpatient 703 services pursuant to s. 394.4655. The petition and hearing 704 procedures set forth in s. 394.4655 shall apply. If the person 705 instead meets the criteria for involuntary assessment, 706 protective custody, or involuntary admission or treatment 707 pursuant to s. 397.675, then the court may order the person to 708 be admitted for involuntary assessment for a period of 5 days 709 pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings 710 are governed by chapter 397. 711 (7)PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT 712 PLACEMENT. 713 (d)If at a hearing it is shown that the patient continues 714 to meet the criteria for involuntary inpatient placement, the 715 administrative law judge shall sign the order for continued 716 involuntary inpatient placement for up to 90 days. However, any 717 order for involuntary mental health services in a treatment 718 facility may be for up to 6 months. The same procedure shall be 719 repeated before the expiration of each additional period the 720 patient is retained. 721 722 The procedure required in this subsection must be followed 723 before the expiration of each additional period the patient is 724 involuntarily receiving services. 725 Section 8.Subsection (3) of section 394.495, Florida 726 Statutes, is amended to read: 727 394.495Child and adolescent mental health system of care; 728 programs and services. 729 (3)Assessments must be performed by: 730 (a)A clinical psychologist, clinical social worker, 731 physician, psychiatric nurse, or psychiatrist, as those terms 732 are defined in s. 394.455 professional as defined in s. 733 394.455(5), (7), (33), (36), or (37); 734 (b)A professional licensed under chapter 491; or 735 (c)A person who is under the direct supervision of a 736 clinical psychologist, clinical social worker, physician, 737 psychiatric nurse, or psychiatrist, as those terms are defined 738 in s. 394.455, qualified professional as defined in s. 739 394.455(5), (7), (33), (36), or (37) or a professional licensed 740 under chapter 491. 741 Section 9.Subsection (5) of section 394.496, Florida 742 Statutes, is amended to read: 743 394.496Service planning. 744 (5)A clinical psychologist, clinical social worker, 745 physician, psychiatric nurse, or psychiatrist, as those terms 746 are defined in s. 394.455, professional as defined in s. 747 394.455(5), (7), (33), (36), or (37) or a professional licensed 748 under chapter 491 must be included among those persons 749 developing the services plan. 750 Section 10.Paragraph (a) of subsection (2) of section 751 394.499, Florida Statutes, is amended to read: 752 394.499Integrated childrens crisis stabilization 753 unit/juvenile addictions receiving facility services. 754 (2)Children eligible to receive integrated childrens 755 crisis stabilization unit/juvenile addictions receiving facility 756 services include: 757 (a)A person under 18 years of age for whom voluntary 758 application is made by his or her parent or legal guardian, if 759 such person is found to show evidence of mental illness and to 760 be suitable for treatment pursuant to s. 394.4625. A person 761 under 18 years of age may be admitted for integrated facility 762 services only after a hearing to verify that the consent to 763 admission is voluntary is conducted pursuant to s. 394.4625. 764 Section 11.Subsection (3) of section 397.305, Florida 765 Statutes, is amended to read: 766 397.305Legislative findings, intent, and purpose. 767 (3)It is the purpose of this chapter to provide for a 768 comprehensive continuum of accessible and quality substance 769 abuse prevention, intervention, clinical treatment, and recovery 770 support services in the most appropriate and least restrictive 771 environment which promotes long-term recovery while protecting 772 and respecting the rights of individuals, primarily through 773 community-based private not-for-profit providers working with 774 local governmental programs involving a wide range of agencies 775 from both the public and private sectors. 776 Section 12.Subsections (19) and (23) of section 397.311, 777 Florida Statutes, are amended to read: 778 397.311Definitions.As used in this chapter, except part 779 VIII, the term: 780 (19)Impaired or substance abuse impaired means having 781 a substance use disorder or a condition involving the use of 782 alcoholic beverages, illicit or prescription drugs, or any 783 psychoactive or mood-altering substance in such a manner as to 784 induce mental, emotional, or physical problems or and cause 785 socially dysfunctional behavior. 786 (23)Involuntary treatment services means an array of 787 behavioral health services that may be ordered by the court for 788 persons with substance abuse impairment or co-occurring 789 substance abuse impairment and mental health disorders. 790 Section 13.Section 397.341, Florida Statutes, is created 791 to read: 792 397.341Transportation of individuals by law enforcement 793 officers.A law enforcement officer transporting an individual 794 pursuant to this chapter shall consider the persons mental and 795 behavioral state and restrain him or her in the least 796 restrictive manner necessary under the circumstances, especially 797 if the individual is a minor. 798 Section 14.Subsection (11) is added to section 397.501, 799 Florida Statutes, to read: 800 397.501Rights of individuals.Individuals receiving 801 substance abuse services from any service provider are 802 guaranteed protection of the rights specified in this section, 803 unless otherwise expressly provided, and service providers must 804 ensure the protection of such rights. 805 (11)POST-DISCHARGE CONTINUUM OF CARE.Upon discharge, the 806 facility must inform an individual with a serious substance use 807 disorder of the essential elements of recovery and provide 808 assistance with accessing a continuum of care regimen. The 809 department may adopt rules specifying the services that may be 810 provided to such respondents. 811 Section 15.Section 397.675, Florida Statutes, is amended 812 to read: 813 397.675Criteria for involuntary admissions, including 814 protective custody, emergency admission, and other involuntary 815 assessment, involuntary treatment, and alternative involuntary 816 assessment for minors, for purposes of assessment and 817 stabilization, and for involuntary treatment.A person meets the 818 criteria for involuntary admission if there is good faith reason 819 to believe that the person is substance abuse impaired or has a 820 substance use disorder and a co-occurring mental health disorder 821 and, because of such impairment or disorder: 822 (1)Has lost the power of self-control with respect to 823 substance abuse, or has a history of noncompliance with 824 substance abuse treatment with continued substance use; and 825 (2)(a)Is in need of substance abuse services and, by 826 reason of substance abuse impairment, his or her judgment has 827 been so impaired that he or she is refusing voluntary care after 828 a sufficient and conscientious explanation and disclosure of the 829 purpose for such services, or is incapable of appreciating his 830 or her need for such services and of making a rational decision 831 in that regard, although mere refusal to receive such services 832 does not constitute evidence of lack of judgment with respect to 833 his or her need for such services; and or 834 (3)(a)(b)Without care or treatment, is likely to suffer 835 from neglect or refuse to care for himself or herself; that such 836 neglect or refusal poses a real and present threat of 837 substantial harm to his or her well-being; and that it is not 838 apparent that such harm may be avoided through the help of 839 willing, able, and responsible family members or friends or the 840 provision of other services;, or 841 (b)There is substantial likelihood that in the near future 842 and without services, the person will inflict serious harm to 843 self or others, as evidenced by recent acts, omissions, or 844 behavior causing, attempting, or threatening such harm has 845 inflicted, or threatened to or attempted to inflict, or, unless 846 admitted, is likely to inflict, physical harm on himself, 847 herself, or another. 848 Section 16.Subsection (1) of section 397.6751, Florida 849 Statutes, is amended to read: 850 397.6751Service provider responsibilities regarding 851 involuntary admissions. 852 (1)It is the responsibility of the service provider to: 853 (a)Ensure that a person who is admitted to a licensed 854 service component meets the admission criteria specified in s. 855 397.675; 856 (b)Ascertain whether the medical and behavioral conditions 857 of the person, as presented, are beyond the safe management 858 capabilities of the service provider; 859 (c)Provide for the admission of the person to the service 860 component that represents the most appropriate and least 861 restrictive available setting that is responsive to the persons 862 treatment needs; 863 (d)Verify that the admission of the person to the service 864 component does not result in a census in excess of its licensed 865 service capacity; 866 (e)Determine whether the cost of services is within the 867 financial means of the person or those who are financially 868 responsible for the persons care; and 869 (f)Take all necessary measures to ensure that each 870 individual in treatment is provided with a safe environment, and 871 to ensure that each individual whose medical condition or 872 behavioral problem becomes such that he or she cannot be safely 873 managed by the service component is discharged and referred to a 874 more appropriate setting for care. 875 Section 17.Section 397.681, Florida Statutes, is amended 876 to read: 877 397.681Involuntary petitions; general provisions; court 878 jurisdiction and right to counsel. 879 (1)JURISDICTION.The courts have jurisdiction of 880 involuntary assessment and stabilization petitions and 881 involuntary treatment petitions for substance abuse impaired 882 persons, and such petitions must be filed with the clerk of the 883 court in the county where the person is located or resides. The 884 clerk of the court may not charge a fee for the filing of a 885 petition under this section. The chief judge may appoint a 886 general or special magistrate to preside over all or part of the 887 proceedings related to the petition or any ancillary matters 888 thereto, which include, but are not limited to, writs of habeas 889 corpus issued pursuant to s. 397.501(9). The alleged impaired 890 person is named as the respondent. 891 (2)RIGHT TO COUNSEL.A respondent has the right to counsel 892 at every stage of a proceeding relating to a petition for his or 893 her involuntary assessment and a petition for his or her 894 involuntary treatment for substance abuse impairment. A 895 respondent who desires counsel and is unable to afford private 896 counsel has the right to court-appointed counsel and to the 897 benefits of s. 57.081. If the court believes that the respondent 898 needs the assistance of counsel, the court shall appoint such 899 counsel for the respondent without regard to the respondents 900 wishes. If the respondent is a minor not otherwise represented 901 in the proceeding, the court shall immediately appoint a 902 guardian ad litem to act on the minors behalf. 903 (3)STATE REPRESENTATIVE.Subject to legislative 904 appropriation, for all court-involved involuntary proceedings 905 under this chapter in which the petitioner has not retained 906 private counsel, the state attorney for the circuit in which the 907 respondent is located shall represent the state rather than the 908 petitioner as the real party of interest in the proceeding, but 909 the petitioner has the right to be heard. Furthermore, the state 910 attorney may not use any record obtained under this part for 911 criminal investigation or prosecution purposes or for any 912 purpose other than the respondents civil commitment under this 913 chapter. Any record obtained under this subsection must remain 914 confidential. 915 Section 18.Section 397.6811, Florida Statutes, is 916 repealed. 917 Section 19.Section 397.6814, Florida Statutes, is 918 repealed. 919 Section 20.Section 397.6815, Florida Statutes, is 920 repealed. 921 Section 21.Section 397.6818, Florida Statutes, is 922 repealed. 923 Section 22.Section 397.6819, Florida Statutes, is 924 repealed. 925 Section 23.Section 397.6821, Florida Statutes, is 926 repealed. 927 Section 24.Section 397.6822, Florida Statutes, is 928 repealed. 929 Section 25.Section 397.693, Florida Statutes, is amended 930 to read: 931 397.693Involuntary treatment.A person may be the subject 932 of a petition for court-ordered involuntary treatment pursuant 933 to this part, if that person: 934 (1)Reasonably appears to meet meets the criteria for 935 involuntary admission provided in s. 397.675; and: 936 (2)(1)Has been placed under protective custody pursuant to 937 s. 397.677 within the previous 10 days; 938 (3)(2)Has been subject to an emergency admission pursuant 939 to s. 397.679 within the previous 10 days; or 940 (4)(3)Has been assessed by a qualified professional within 941 30 5 days; 942 (4)Has been subject to involuntary assessment and 943 stabilization pursuant to s. 397.6818 within the previous 12 944 days; or 945 (5)Has been subject to alternative involuntary admission 946 pursuant to s. 397.6822 within the previous 12 days. 947 Section 26.Section 397.695, Florida Statutes, is amended 948 to read: 949 397.695Involuntary treatment services; persons who may 950 petition. 951 (1)If the respondent is an adult, a petition for 952 involuntary treatment services may be filed by the respondents 953 spouse or legal guardian, any relative, a service provider, or 954 an adult who has direct personal knowledge of the respondents 955 substance abuse impairment and his or her prior course of 956 assessment and treatment. 957 (2)If the respondent is a minor, a petition for 958 involuntary treatment may be filed by a parent, legal guardian, 959 or service provider. 960 (3)The court or the clerk of the court may waive or 961 prohibit any service of process fees if a petitioner is 962 determined to be indigent under s. 57.082. 963 Section 27.Section 397.6951, Florida Statutes, is amended 964 to read: 965 397.6951Contents of petition for involuntary treatment 966 services. 967 (1)A petition for involuntary treatment services must 968 contain the name of the respondent; the name of the petitioner 969 or petitioners; the relationship between the respondent and the 970 petitioner; the name of the respondents attorney, if known; the 971 findings and recommendations of the assessment performed by the 972 qualified professional; and the factual allegations presented by 973 the petitioner establishing the need for involuntary outpatient 974 services for substance abuse impairment. The factual allegations 975 must demonstrate the reason for the petitioners belief that the 976 respondent: 977 (1)The reason for the petitioners belief that the 978 respondent is substance abuse impaired; 979 (a)(2)The reason for the petitioners belief that because 980 of such impairment the respondent Has lost the power of self 981 control with respect to substance abuse, or has a history of 982 noncompliance with substance abuse treatment with continued 983 substance use; and 984 (b)Needs substance abuse services, but his or her judgment 985 is so impaired by substance abuse that he or she either is 986 refusing voluntary care after a sufficient and conscientious 987 explanation and disclosure of the purpose of such services, or 988 is incapable of appreciating his or her need for such services 989 and of making a rational decision in that regard; and 990 (c)1.Without services, is likely to suffer from neglect or 991 refuse to care for himself or herself; that the neglect or 992 refusal poses a real and present threat of substantial harm to 993 his or her well-being; and that it is not apparent that the harm 994 may be avoided through the help of willing, able, and 995 responsible family members or friends or the provision of other 996 services; or 997 2.There is a substantial likelihood that in the near 998 future and without services, the respondent will inflict serious 999 harm to self or others, as evidenced by recent acts, omissions, 1000 or behavior causing, attempting, or threatening such harm. 1001 (2)The petition may be accompanied by a certificate or 1002 report of a qualified professional or a licensed physician who 1003 examined the respondent within 30 days before the petition was 1004 filed. This certificate or report must include the qualified 1005 professionals or physicians findings relating to his or her 1006 assessment of the patient and his or her treatment 1007 recommendations. If the respondent was not assessed before the 1008 filing of a treatment petition or refused to submit to an 1009 evaluation, the lack of assessment or refusal must be noted in 1010 the petition. 1011 (3)If there is an emergency, the petition must also 1012 describe the respondents exigent circumstances and include a 1013 request for an ex parte assessment and stabilization order that 1014 must be executed pursuant to s. 397.6955(4) 1015 (3)(a)The reason the petitioner believes that the 1016 respondent has inflicted or is likely to inflict physical harm 1017 on himself or herself or others unless the court orders the 1018 involuntary services; or 1019 (b)The reason the petitioner believes that the 1020 respondents refusal to voluntarily receive care is based on 1021 judgment so impaired by reason of substance abuse that the 1022 respondent is incapable of appreciating his or her need for care 1023 and of making a rational decision regarding that need for care. 1024 Section 28.Section 397.6955, Florida Statutes, is amended 1025 to read: 1026 397.6955Duties of court upon filing of petition for 1027 involuntary treatment services. 1028 (1)Upon the filing of a petition for involuntary treatment 1029 services for a substance abuse impaired person with the clerk of 1030 the court which does not indicate that the petitioner has 1031 retained private counsel, the clerk must notify the state 1032 attorneys office. In addition, the court shall immediately 1033 determine whether the respondent is represented by an attorney 1034 or whether the appointment of counsel for the respondent is 1035 appropriate. If, based on the contents of the petition, the 1036 court appoints counsel for the person, the clerk of the court 1037 shall immediately notify the office of criminal conflict and 1038 civil regional counsel, created pursuant to s. 27.511, of the 1039 appointment. The office of criminal conflict and civil regional 1040 counsel shall represent the person until the petition is 1041 dismissed, the court order expires, or the person is discharged 1042 from involuntary treatment services, or the office is otherwise 1043 discharged by the court. An attorney that represents the person 1044 named in the petition shall have access to the person, 1045 witnesses, and records relevant to the presentation of the 1046 persons case and shall represent the interests of the person, 1047 regardless of the source of payment to the attorney. 1048 (2)The court shall schedule a hearing to be held on the 1049 petition within 10 court working 5 days unless a continuance is 1050 granted. The court may appoint a magistrate to preside at the 1051 hearing. 1052 (3)A copy of the petition and notice of the hearing must 1053 be provided to the respondent; the respondents parent, 1054 guardian, or legal custodian, in the case of a minor; the 1055 respondents attorney, if known; the petitioner; the 1056 respondents spouse or guardian, if applicable; and such other 1057 persons as the court may direct. If the respondent is a minor, a 1058 copy of the petition and notice of the hearing must be 1059 personally delivered to the respondent. The clerk court shall 1060 also issue a summons to the person whose admission is sought, 1061 and unless a circuit courts chief judge authorizes 1062 disinterested private process servers to serve parties under 1063 this chapter, a law enforcement agency must effect service for 1064 the initial treatment hearing. 1065 (4)(a)When the petitioner asserts that emergency 1066 circumstances exist, or when upon review of the petition the 1067 court determines that an emergency exists, the court may rely 1068 solely on the contents of the petition and, without the 1069 appointment of an attorney, enter an ex parte order for the 1070 respondents involuntary assessment and stabilization which must 1071 be executed during the period when the hearing on the petition 1072 for treatment is pending. The court may further order a law 1073 enforcement officer or other designated agent of the court to: 1074 1.Take the respondent into custody and deliver him or her 1075 to either the nearest appropriate licensed service provider or a 1076 licensed service provider designated by the court to be 1077 evaluated; and 1078 2.Serve the respondent with the notice of hearing and a 1079 copy of the petition. 1080 (b)The service provider must promptly inform the court and 1081 parties of the respondents arrival and may not hold the 1082 respondent for longer than 72 hours of observation thereafter, 1083 unless: 1084 1.The service provider seeks additional time under s. 1085 397.6957(1)(c) and the court, after a hearing, grants that 1086 motion; 1087 2.The respondent shows signs of withdrawal, or a need to 1088 be either detoxified or treated for a medical condition, which 1089 shall extend the amount of time the respondent may be held for 1090 observation until the issue is resolved; or 1091 3.The original or extended observation period ends on a 1092 weekend or holiday, in which case the provider may hold the 1093 respondent until the next court working day. 1094 (c)If the ex parte order was not executed by the initial 1095 hearing date, it shall be deemed void. However, if the 1096 respondent does not appear at the hearing for any reason, 1097 including lack of service, and upon reviewing the petition, 1098 testimony, and evidence presented, the court reasonably believes 1099 the respondent meets this chapters commitment criteria and that 1100 a substance abuse emergency exists, the court may issue or 1101 reissue an ex parte assessment and stabilization order that is 1102 valid for 90 days. If the respondents location is known at the 1103 time of the hearing, the court: 1104 1.Shall continue the case for no more than 10 court 1105 working days; and 1106 2.May order a law enforcement officer or other designated 1107 agent of the court to: 1108 a.Take the respondent into custody and deliver him or her 1109 to be evaluated either by the nearest appropriate licensed 1110 service provider or by a licensed service provider designated by 1111 the court; and 1112 b.If a hearing date is set, serve the respondent with 1113 notice of the rescheduled hearing and a copy of the involuntary 1114 treatment petition if the respondent has not already been 1115 served. 1116 1117 Otherwise, the petitioner and the service provider must promptly 1118 inform the court that the respondent has been assessed so that 1119 the court may schedule a hearing as soon as practicable. The 1120 service provider must serve the respondent, before his or her 1121 discharge, with the notice of hearing and a copy of the 1122 petition. However, if the respondent has not been assessed 1123 within 90 days of the ex parte assessment and stabilization 1124 order, the court must dismiss the case. 1125 Section 29.Section 397.6957, Florida Statutes, is amended 1126 to read: 1127 397.6957Hearing on petition for involuntary treatment 1128 services. 1129 (1)(a)The respondent must be present at a hearing on a 1130 petition for involuntary treatment services unless he or she 1131 knowingly, intelligently, and voluntarily waives his or her 1132 right to be present or, upon receiving proof of service and 1133 evaluating the circumstances of the case, the court finds that 1134 his or her presence is inconsistent with his or her best 1135 interests or is likely to be injurious to himself or herself or 1136 others., The court shall hear and review all relevant evidence, 1137 including testimony from individuals such as family members 1138 familiar with the respondents prior history and how it relates 1139 to his or her current condition, and the review of results of 1140 the assessment completed by the qualified professional in 1141 connection with this chapter. The court may also order drug 1142 tests. Absent a showing of good cause, such as specific symptoms 1143 of the respondents condition, the court may permit all 1144 witnesses, such as any medical professionals or personnel who 1145 are or have been involved with the respondents treatment, to 1146 remotely attend and testify at the hearing under oath through 1147 audio-video teleconference. Any witness intending to remotely 1148 attend and testify at the hearing must provide the parties with 1149 all relevant documents by the close of business on the day 1150 before the hearing the respondents protective custody, 1151 emergency admission, involuntary assessment, or alternative 1152 involuntary admission. The respondent must be present unless the 1153 court finds that his or her presence is likely to be injurious 1154 to himself or herself or others, in which event the court must 1155 appoint a guardian advocate to act in behalf of the respondent 1156 throughout the proceedings. 1157 (b)A respondent cannot be involuntarily ordered into 1158 treatment under this chapter without a clinical assessment being 1159 performed, unless he or she is present in court and expressly 1160 waives the assessment. In nonemergency situations, if the 1161 respondent was not, or had previously refused to be, assessed by 1162 a qualified professional and, based on the petition, testimony, 1163 and evidence presented, it reasonably appears that the 1164 respondent qualifies for involuntary treatment services, the 1165 court shall issue an involuntary assessment and stabilization 1166 order to determine the appropriate level of treatment the 1167 respondent requires. Additionally, in cases where an assessment 1168 was attached to the petition, the respondent may request, or the 1169 court on its own motion may order, an independent assessment by 1170 a court-appointed physician or an otherwise agreed-upon 1171 physician. If an assessment order is issued, it is valid for 90 1172 days, and if the respondent is present or there is either proof 1173 of service or his or her location is known, the involuntary 1174 treatment hearing shall be continued for no more than 10 court 1175 working days. Otherwise, the petitioner and the service provider 1176 must promptly inform the court that the respondent has been 1177 assessed so that the court may schedule a hearing as soon as 1178 practicable. The service provider shall then serve the 1179 respondent, before his or her discharge, with the notice of 1180 hearing and a copy of the petition. The assessment must occur 1181 before the new hearing date, and if there is evidence indicating 1182 that the respondent will not voluntarily appear at the 1183 forthcoming hearing, or is a danger to self or others, the court 1184 may enter a preliminary order committing the respondent to an 1185 appropriate treatment facility for further evaluation until the 1186 date of the rescheduled hearing. However, if after 90 days the 1187 respondent remains unassessed, the court shall dismiss the case. 1188 (c)1.The respondents assessment by a qualified 1189 professional must occur within 72 hours after his or her arrival 1190 at a licensed service provider unless he or she shows signs of 1191 withdrawal or a need to be either detoxified or treated for a 1192 medical condition, which shall extend the amount of time the 1193 respondent may be held for observation until that issue is 1194 resolved. If the person conducting the assessment is not a 1195 licensed physician, the assessment must be reviewed by a 1196 licensed physician within the 72-hour period. If the respondent 1197 is a minor, such assessment must be initiated within the first 1198 12 hours after the minors admission to the facility. The 1199 service provider may also move to extend the 72 hours of 1200 observation by petitioning the court in writing for additional 1201 time. The service provider must furnish copies of such motion to 1202 all parties in accordance with applicable confidentiality 1203 requirements, and, after a hearing, the court may grant 1204 additional time or expedite the respondents involuntary 1205 treatment hearing. The involuntary treatment hearing, however, 1206 may be expedited only by agreement of the parties on the hearing 1207 date or if there is notice and proof of service as provided in 1208 s. 397.6955(1) and (3). If the court grants the service 1209 providers petition, the service provider may hold the 1210 respondent until its extended assessment period expires or until 1211 the expedited hearing date. However, if the original or extended 1212 observation period ends on a weekend or holiday, the provider 1213 may hold the respondent until the next court working day. 1214 2.Upon the completion of his or her report, the qualified 1215 professional, in accordance with applicable confidentiality 1216 requirements, shall provide copies to the court and all relevant 1217 parties and counsel. This report must contain a recommendation 1218 on the level, if any, of substance abuse and, if applicable, co 1219 occurring mental health treatment the respondent requires. The 1220 qualified professionals failure to include a treatment 1221 recommendation, much like a recommendation of no treatment, 1222 shall result in the petitions dismissal. 1223 (d)The court may order a law enforcement officer or other 1224 designated agent of the court to take the respondent into 1225 custody and transport him or her to or from the treating or 1226 assessing service provider and the court for his or her hearing. 1227 (2)The petitioner has the burden of proving by clear and 1228 convincing evidence that: 1229 (a)The respondent is substance abuse impaired, has lost 1230 the power of self-control with respect to substance abuse, or 1231 and has a history of lack of compliance with treatment for 1232 substance abuse with continued substance use; and 1233 (b)Because of such impairment, the respondent is unlikely 1234 to voluntarily participate in the recommended services after 1235 sufficient and conscientious explanation and disclosure of their 1236 purpose, or is unable to determine for himself or herself 1237 whether services are necessary and make a rational decision in 1238 that regard; and: 1239 (c)1.Without services, the respondent is likely to suffer 1240 from neglect or refuse to care for himself or herself; that such 1241 neglect or refusal poses a real and present threat of 1242 substantial harm to his or her well-being; and that it is not 1243 apparent that such harm may be avoided through the help of 1244 willing, able, and responsible family members or friends or the 1245 provision of other services; or 1246 2.There is a substantial likelihood that in the near 1247 future and without services, the respondent will inflict serious 1248 harm to self or others, as evidenced by recent acts, omissions, 1249 or behavior causing, attempting, or threatening such harm cause 1250 serious bodily harm to himself, herself, or another in the near 1251 future, as evidenced by recent behavior; or 1252 2.The respondents refusal to voluntarily receive care is 1253 based on judgment so impaired by reason of substance abuse that 1254 the respondent is incapable of appreciating his or her need for 1255 care and of making a rational decision regarding that need for 1256 care. 1257 (3)One of the qualified professionals who executed the 1258 involuntary services certificate must be a witness. The court 1259 shall allow testimony from individuals, including family 1260 members, deemed by the court to be relevant under state law, 1261 regarding the respondents prior history and how that prior 1262 history relates to the persons current condition. The Testimony 1263 in the hearing must be taken under oath, and the proceedings 1264 must be recorded. The respondent patient may refuse to testify 1265 at the hearing. 1266 (4)If at any point during the hearing the court has reason 1267 to believe that the respondent, due to mental illness other than 1268 or in addition to substance abuse impairment, is likely to 1269 neglect or injure himself, herself, or another if allowed to 1270 remain at liberty, or otherwise meets the involuntary commitment 1271 provisions of part I of chapter 394, the court may initiate 1272 involuntary examination proceedings under such provisions. 1273 (5)At the conclusion of the hearing, the court shall 1274 either dismiss the petition or order the respondent to receive 1275 involuntary treatment services from his or her chosen licensed 1276 service provider if possible and appropriate. Any treatment 1277 order must include findings regarding the respondents need for 1278 treatment and the appropriateness of other less restrictive 1279 alternatives. 1280 Section 30.Section 397.697, Florida Statutes, is amended 1281 to read: 1282 397.697Court determination; effect of court order for 1283 involuntary treatment services. 1284 (1)(a)When the court finds that the conditions for 1285 involuntary treatment services have been proved by clear and 1286 convincing evidence, it may order the respondent to receive 1287 involuntary treatment services from a publicly funded licensed 1288 service provider for a period not to exceed 90 days. The court 1289 may also order a respondent to undergo treatment through a 1290 privately funded licensed service provider if the respondent has 1291 the ability to pay for the treatment, or if any person on the 1292 respondents behalf voluntarily demonstrates a willingness and 1293 an ability to pay for the treatment. If the court finds it 1294 necessary, it may direct the sheriff to take the respondent into 1295 custody and deliver him or her to the licensed service provider 1296 specified in the court order, or to the nearest appropriate 1297 licensed service provider, for involuntary treatment services. 1298 When the conditions justifying involuntary treatment services no 1299 longer exist, the individual must be released as provided in s. 1300 397.6971. When the conditions justifying involuntary treatment 1301 services are expected to exist after 90 days of treatment 1302 services, a renewal of the involuntary treatment services order 1303 may be requested pursuant to s. 397.6975 before the end of the 1304 90-day period. 1305 (b)To qualify for involuntary outpatient treatment, an 1306 individual must be supported by a social worker or case manager 1307 of a licensed service provider or a willing, able, and 1308 responsible individual appointed by the court who shall inform 1309 the court and parties if the respondent fails to comply with his 1310 or her outpatient program. In addition, unless the respondent 1311 has been involuntarily ordered into inpatient treatment under 1312 this chapter at least twice during the last 36 months, or 1313 demonstrates the ability to substantially comply with the 1314 outpatient treatment while waiting for residential placement to 1315 become available, he or she must receive an assessment from a 1316 qualified professional or licensed physician expressly 1317 recommending outpatient services, such services must be 1318 available in the county in which the respondent is located, and 1319 it must appear likely that the respondent will follow a 1320 prescribed outpatient care plan. 1321 (2)In all cases resulting in an order for involuntary 1322 treatment services, the court shall retain jurisdiction over the 1323 case and the parties for the entry of such further orders as the 1324 circumstances may require, including, but not limited to, 1325 monitoring compliance with treatment, changing the treatment 1326 modality, or initiating contempt of court proceedings for 1327 violating any valid order issued pursuant to this chapter. 1328 Hearings under this section may be set by motion of the parties 1329 or under the courts own authority, and the motion and notice of 1330 hearing for these ancillary proceedings, which include, but are 1331 not limited to, civil contempt, must be served in accordance 1332 with relevant court procedural rules. The courts requirements 1333 for notification of proposed release must be included in the 1334 original order. 1335 (3)An involuntary treatment services order also authorizes 1336 the licensed service provider to require the individual to 1337 receive treatment services that will benefit him or her, 1338 including treatment services at any licensable service component 1339 of a licensed service provider. While subject to the courts 1340 oversight, the service providers authority under this section 1341 is separate and distinct from the courts broad continuing 1342 jurisdiction under subsection (2). Such oversight includes, but 1343 is not limited to, submitting reports regarding the respondents 1344 progress or compliance with treatment as required by the court. 1345 (4)If the court orders involuntary treatment services, a 1346 copy of the order must be sent to the managing entity within 1 1347 working day after it is received from the court. Documents may 1348 be submitted electronically through though existing data 1349 systems, if applicable. The department shall also receive and 1350 maintain copies of involuntary assessment and treatment orders 1351 issued pursuant to ss. 397.6955 and 397.6957, professional 1352 certificates, and law enforcement officers protective custody 1353 reports. These documents shall be used to prepare annual reports 1354 analyzing the data obtained from these documents, without 1355 information identifying patients, and the department shall 1356 provide copies of these reports to the Governor, the President 1357 of the Senate, the Speaker of the House of Representatives, and 1358 the minority leaders of the Senate and the House of 1359 Representatives. 1360 Section 31.Section 397.6971, Florida Statutes, is amended 1361 to read: 1362 397.6971Early release from involuntary treatment 1363 services. 1364 (1)At any time before the end of the 90-day involuntary 1365 treatment services period, or before the end of any extension 1366 granted pursuant to s. 397.6975, an individual receiving 1367 involuntary treatment services may be determined eligible for 1368 discharge to the most appropriate referral or disposition for 1369 the individual when any of the following apply: 1370 (a)The individual no longer meets the criteria for 1371 involuntary admission and has given his or her informed consent 1372 to be transferred to voluntary treatment status. 1373 (b)If the individual was admitted on the grounds of 1374 likelihood of self-neglect or the infliction of physical harm 1375 upon himself or herself or others, such likelihood no longer 1376 exists. 1377 (c)If the individual was admitted on the grounds of need 1378 for assessment and stabilization or treatment, accompanied by 1379 inability to make a determination respecting such need: 1380 1.Such inability no longer exists; or 1381 2.It is evident that further treatment will not bring 1382 about further significant improvements in the individuals 1383 condition. 1384 (d)The individual is no longer needs treatment in need of 1385 services. 1386 (e)The director of the service provider determines that 1387 the individual is beyond the safe management capabilities of the 1388 provider. 1389 (2)Whenever a qualified professional determines that an 1390 individual admitted for involuntary treatment services qualifies 1391 for early release under subsection (1), the service provider 1392 shall immediately discharge the individual and must notify all 1393 persons specified by the court in the original treatment order. 1394 Section 32.Section 397.6975, Florida Statutes, is amended 1395 to read: 1396 397.6975Extension of involuntary treatment services 1397 period. 1398 (1)Whenever a service provider believes that an individual 1399 who is nearing the scheduled date of his or her release from 1400 involuntary treatment services continues to meet the criteria 1401 for involuntary treatment services in s. 397.693 or s. 397.6957, 1402 a petition for renewal of the involuntary treatment services 1403 order must may be filed with the court at least 10 days before 1404 the expiration of the court-ordered services period. The 1405 petition may be filed by the service provider or by the person 1406 who filed the petition for the initial treatment order if the 1407 petition is accompanied by supporting documentation from the 1408 service provider. The court shall immediately schedule a hearing 1409 within 10 court working to be held not more than 15 days after 1410 filing of the petition and. The court shall provide the copy of 1411 the petition for renewal and the notice of the hearing to all 1412 parties and counsel to the proceeding. The hearing is conducted 1413 pursuant to ss. 397.6957 and 397.697 and must be before the 1414 circuit court unless referred to a magistrate s. 397.6957. 1415 (2)If the court finds that the petition for renewal of the 1416 involuntary treatment services order should be granted, it may 1417 order the respondent to receive involuntary treatment services 1418 for a period not to exceed an additional 90 days. When the 1419 conditions justifying involuntary treatment services no longer 1420 exist, the individual must be released as provided in s. 1421 397.6971. When the conditions justifying involuntary treatment 1422 services continue to exist after an additional 90 days of 1423 treatment service, a new petition requesting renewal of the 1424 involuntary treatment services order may be filed pursuant to 1425 this section. 1426 (3)Within 1 court working day after the filing of a 1427 petition for continued involuntary services, the court shall 1428 appoint the office of criminal conflict and civil regional 1429 counsel to represent the respondent, unless the respondent is 1430 otherwise represented by counsel. The clerk of the court shall 1431 immediately notify the office of criminal conflict and civil 1432 regional counsel of such appointment. The office of criminal 1433 conflict and civil regional counsel shall represent the 1434 respondent until the petition is dismissed or the court order 1435 expires or the respondent is discharged from involuntary 1436 services. Any attorney representing the respondent shall have 1437 access to the respondent, witnesses, and records relevant to the 1438 presentation of the respondents case and shall represent the 1439 interests of the respondent, regardless of the source of payment 1440 to the attorney. 1441 (4)Hearings on petitions for continued involuntary 1442 services shall be before the circuit court. The court may 1443 appoint a magistrate to preside at the hearing. The procedures 1444 for obtaining an order pursuant to this section shall be in 1445 accordance with s. 397.697. 1446 (5)Notice of hearing shall be provided to the respondent 1447 or his or her counsel. The respondent and the respondents 1448 counsel may agree to a period of continued involuntary services 1449 without a court hearing. 1450 (6)The same procedure shall be repeated before the 1451 expiration of each additional period of involuntary services. 1452 (7)If the respondent has previously been found incompetent 1453 to consent to treatment, the court shall consider testimony and 1454 evidence regarding the respondents competence. 1455 Section 33.Section 397.6977, Florida Statutes, is amended 1456 to read: 1457 397.6977Disposition of individual upon completion of 1458 involuntary treatment services.At the conclusion of the 90-day 1459 period of court-ordered involuntary treatment services, the 1460 respondent is automatically discharged unless a motion for 1461 renewal of the involuntary treatment services order has been 1462 filed with the court pursuant to s. 397.6975. 1463 Section 34.Section 397.6978, Florida Statutes, is 1464 repealed. 1465 Section 35.This act shall take effect July 1, 2022.