CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 1 of 56
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 corrections; amending s. 57.085, 2
F.S.; revising provisions relating to deferral of 3
prepayment of court costs and fees for indigent 4
prisoners for actions involving challenges to prison 5
disciplinary reports; amending s. 95.11, F.S.; 6
providing for a 1-year period of limitation for 7
bringing certain actions relating to the condition of 8
confinement of prisoners; creating s. 760.701, F.S.; 9
defining the term "prisoner"; requiring exhaustion of 10
administrative remedies before certain actions 11
concerning confinement of prisoners may be brought; 12
providing for dismissal of certain actions involving 13
prisoner confinement in certain circumstances; 14
requiring a showing of physical injury or the 15
commission of a certain act as a condition precedent 16
for bringing certain actions relating to prisoner 17
confinement; specifying a time limitation period for 18
bringing an action concerning any condition of 19
confinement; amending s. 775.087, F.S.; providing that 20
prison terms for certain offenses committed in 21
conjunction with another felony offense may be 22
sentenced to be served consecutively; amending ss. 23
922.10 and 922.105, F.S.; revising provisions 24
concerning methods of execution of death sentences; 25
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 2 of 56
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
amending s. 934.425, F.S.; exempting persons working 26
for the Department of Corrections or the Department of 27
Juvenile Justice, or persons authorized pursuant to a 28
court order, from provisions regulating the use of 29
tracking devices or tracking applications; amending s. 30
945.41, F.S.; revising legislative intent; revising 31
provisions relating to mental health treatment for 32
inmates; providing that an inmate must give his or her 33
express and informed consent to such treatment; 34
specifying information an inmate must receive 35
regarding treatment; authorizing the warden to 36
authorize certain em ergency medical treatment under 37
the direction of the inmate's attending physician 38
under certain circumstances; amending s. 945.42, F.S.; 39
revising and providing definitions; amending s. 40
945.43, F.S.; revising provisions concerning 41
involuntary examinations; amending s. 945.44, F.S.; 42
revising provisions concerning involuntary placement 43
and treatment of an inmate in a mental health 44
treatment facility; repealing s. 945.45 F.S., relating 45
to continued placement of inmates in mental health 46
treatment facilities; ame nding s. 945.46, F.S.; 47
providing requirements for filing petitions for 48
involuntary inpatient placement for certain inmates; 49
authorizing the court to order alternative means and 50
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 3 of 56
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
venues for certain hearings; requiring, rather than 51
authorizing, inmates to be transported to the nearest 52
receiving facility in certain circumstances; amending 53
s. 945.47, F.S.; specifying purposes for which an 54
inmate's mental health treatment records may be 55
provided to the Florida Commission on Offender Review 56
and the Department of C hildren and Families; 57
authorizing such records to be provided to certain 58
facilities upon request; amending s. 945.48, F.S.; 59
substantially rewording provisions relating to 60
emergency treatment orders and use of force and 61
providing requirements therefore; pro viding 62
requirements for emergency and psychotropic 63
medications and use of force; creating s. 945.485, 64
F.S.; providing legislative findings; providing 65
requirements for management and treatment for an 66
inmate's self-injurious behaviors; requiring facility 67
wardens to consult with an inmate's treating physician 68
in certain circumstances and make certain 69
determinations; providing for petitions to compel an 70
inmate to submit to medical treatment in certain 71
circumstances; providing construction; amending s. 72
945.49, F.S.; removing a requirement that the 73
Department of Corrections adopt certain rules in 74
cooperation with the Mental Health Program Office of 75
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 4 of 56
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
the Department of Children and Families; creating s. 76
945.6402, F.S.; providing definitions; providing 77
legislative findings and intent; providing 78
requirements for inmate capacity, health care advance 79
directives, and proxies; authorizing the use of force 80
on incapacitated inmates in certain circumstances; 81
providing immunity from liability for certain persons 82
in certain circumstances; amending s. 947.02, F.S.; 83
revising the manner in which the membership of the 84
Florida Commission on Offender Review is appointed; 85
repealing s. 947.021, F.S., relating to expedited 86
appointments of the Florida Commission on Offender 87
Review; amending s. 947.12, F.S.; conforming 88
provisions to changes made by the act; amending s. 89
957.04, F.S.; revising requirements for contracting 90
for certain services; amending s. 957.09, F.S.; 91
removing a provision relating to minority business 92
enterprises; amending s. 20.32, F.S.; conforming 93
provisions to changes made by the act; providing an 94
effective date. 95
96
Be It Enacted by the Legislature of the State of Florida: 97
98
Section 1. Subsection (10) of section 57.085, Florida 99
Statutes, is amended to read: 100
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 5 of 56
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
57.085 Deferral of prepayment of court costs and fees for 101
indigent prisoners.— 102
(10) With the exception of challenges to prison 103
disciplinary reports, this section does not apply to a criminal 104
proceeding or a collateral criminal proceeding. 105
Section 2. Paragraph (b) of subsection (2) and paragraphs 106
(f), (g), and (h) of subsection (6) of section 95.11, Florida 107
Statutes, are amended to read: 108
95.11 Limitations other than for the recovery of real 109
property.—Actions other than for recovery of real property shall 110
be commenced as follows: 111
(2) WITHIN FIVE YEARS. — 112
(b) A legal or equitable action on a contract, obligation, 113
or liability founded on a written instrument, except for an 114
action to enforce a claim against a payment bond, which shall be 115
governed by the applica ble provisions of paragraph (6)(e), s. 116
255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an 117
action for a deficiency judgment governed by paragraph (6)(g) 118
(6)(h). 119
(6) WITHIN ONE YEAR. — 120
(f) Except for actions described in subsection (9), or a 121
petition challenging a criminal conviction, all petitions; 122
extraordinary writs; tort actions, including those under s. 123
768.28(14); or other actions which concern any condition of 124
confinement of a prisoner a petition for extraordinary writ, 125
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 6 of 56
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
other than a petition challenging a criminal conviction, filed 126
by or on behalf of a prisoner as defined in s. 57.085. Any 127
petition, writ, or action brought under this paragraph must be 128
commenced within 1 year after the time the incident, conduct, or 129
conditions occurred or within 1 year after the time the 130
incident, conduct, or conditions were discovered, or should have 131
been discovered. 132
(g) Except for actions described in subsection (9), an 133
action brought by or on behalf of a prisoner, as defined in s. 134
57.085, relating to the conditions of the prisoner's 135
confinement. 136
(g)(h) An action to enforce a claim of a deficiency 137
related to a note secured by a mortgage against a residential 138
property that is a one -family to four-family dwelling unit. The 139
limitations period shall comme nce on the day after the 140
certificate is issued by the clerk of court or the day after the 141
mortgagee accepts a deed in lieu of foreclosure. 142
Section 3. Section 760.701, Florida Statutes, is created 143
to read: 144
760.701 Lawsuits by prisoners. — 145
(1) For the purposes of this section, the term "prisoner" 146
means any person incarcerated or detained in any jail, prison, 147
or other correctional facility, who is accused of, convicted of, 148
sentenced for, or adjudicated delinquent for, violations of 149
criminal law or the terms and conditions of parole, probation, 150
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 7 of 56
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
pretrial release, or diversionary program. 151
(2) An action may not be brought by or on behalf of a 152
prisoner relating to the conditions of the prisoner's 153
confinement under 42 U.S.C. s. 1983, or any other state or 154
federal law, until such administrative remedies as are available 155
are fully exhausted. 156
(3) The court shall on its own motion or on the motion of 157
a party dismiss any action brought relating to the conditions of 158
the prisoner's confinement under 42 U.S.C. s. 1983, or any other 159
state or federal law, by a prisoner if the court is satisfied 160
that the action is frivolous, malicious, fails to state a claim 161
upon which relief can be granted, or seeks monetary relief from 162
a defendant who is immune from such relief. The court shall 163
review any such action pursuant to s. 57.085(6). 164
(4) An action may not be brought in state court by or on 165
behalf of a prisoner relating to the conditions of the 166
prisoner's confinement under 42 U.S.C. s. 1983, or any state 167
tort action, for mental or emotional injury suffered while in 168
custody without a prior showing of physical injury or the 169
commission of a sexual act as defined in 18 U.S.C. s. 2246(2). 170
(5) The time for bringing an action which concerns any 171
condition of confinement of a prisoner shall be the limitations 172
period as described in s. 95.11(6)(f). 173
Section 4. Paragraph (d) of subsection (2) of section 174
775.087, Florida Statutes, is amended, paragraph (e) is added to 175
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 8 of 56
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
that subsection, paragraph (e) of subsection (3) is re designated 176
as paragraph (f), paragraph (d) of that subsection is amended, a 177
new paragraph (e) is added to that subsection, and paragraph (a) 178
of subsection (2) and paragraph (a) of subsection (3) are 179
republished, to read: 180
775.087 Possession or use of weap on; aggravated battery; 181
felony reclassification; minimum sentence. — 182
(2)(a)1. Any person who is convicted of a felony or an 183
attempt to commit a felony, regardless of whether the use of a 184
weapon is an element of the felony, and the conviction was for: 185
a. Murder; 186
b. Sexual battery; 187
c. Robbery; 188
d. Burglary; 189
e. Arson; 190
f. Aggravated battery; 191
g. Kidnapping; 192
h. Escape; 193
i. Aircraft piracy; 194
j. Aggravated child abuse; 195
k. Aggravated abuse of an elderly person or disabled 196
adult; 197
l. Unlawful throwing, placing, or discharging of a 198
destructive device or bomb; 199
m. Carjacking; 200
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 9 of 56
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
n. Home-invasion robbery; 201
o. Aggravated stalking; 202
p. Trafficking in cannabis, trafficking in cocaine, 203
capital importation of cocaine, trafficking in illegal drugs, 204
capital importation of illegal drugs, trafficking in 205
phencyclidine, capital importation of phencyclidine, trafficking 206
in methaqualone, capital importation of methaqualone, 207
trafficking in amphetamine, capital importation of amphetamine, 208
trafficking in flunitraze pam, trafficking in gamma -209
hydroxybutyric acid (GHB), trafficking in 1,4 -Butanediol, 210
trafficking in Phenethylamines, or other violation of s. 211
893.135(1); 212
q. Possession of a firearm by a felon; or 213
r. Human trafficking 214
215
and during the commission of the of fense, such person actually 216
possessed a "firearm" or "destructive device" as those terms are 217
defined in s. 790.001, shall be sentenced to a minimum term of 218
imprisonment of 10 years, except that a person who is convicted 219
for possession of a firearm by a fel on or burglary of a 220
conveyance shall be sentenced to a minimum term of imprisonment 221
of 3 years if such person possessed a "firearm" or "destructive 222
device" during the commission of the offense. However, if an 223
offender who is convicted of the offense of pos session of a 224
firearm by a felon has a previous conviction of committing or 225
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 10 of 56
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
attempting to commit a felony listed in s. 775.084(1)(b)1. and 226
actually possessed a firearm or destructive device during the 227
commission of the prior felony, the offender shall be se ntenced 228
to a minimum term of imprisonment of 10 years. 229
2. Any person who is convicted of a felony or an attempt 230
to commit a felony listed in sub -subparagraphs 1.a.-p. or sub-231
subparagraph 1.r., regardless of whether the use of a weapon is 232
an element of the felony, and during the course of the 233
commission of the felony such person discharged a "firearm" or 234
"destructive device" as defined in s. 790.001 shall be sentenced 235
to a minimum term of imprisonment of 20 years. 236
3. Any person who is convicted of a fe lony or an attempt 237
to commit a felony listed in sub -subparagraphs 1.a.-p. or sub-238
subparagraph 1.r., regardless of whether the use of a weapon is 239
an element of the felony, and during the course of the 240
commission of the felony such person discharged a "firea rm" or 241
"destructive device" as defined in s. 790.001 and, as the result 242
of the discharge, death or great bodily harm was inflicted upon 243
any person, the convicted person shall be sentenced to a minimum 244
term of imprisonment of not less than 25 years and not more than 245
a term of imprisonment of life in prison. 246
(d) It is the intent of the Legislature that offenders who 247
actually possess, carry, display, use, threaten to use, or 248
attempt to use firearms or destructive devices be punished to 249
the fullest extent of the law. The court shall impose , and the 250
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 11 of 56
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
minimum term terms of imprisonment required under paragraph (a) 251
imposed pursuant to this subsection shall be imposed for each 252
qualifying felony offense count for which the person is 253
convicted. If the offender is con victed of multiple felony 254
offenses for which paragraph (a) requires the imposition of a 255
minimum term of imprisonment, the court shall impose any such 256
terms term of imprisonment provided for in this subsection 257
consecutively to any other term of imprisonment imposed for any 258
other felony offense . 259
(e) If an offender commits a felony enumerated in 260
subparagraph (a)1. in conjunction with any other felony offense 261
not enumerated in subparagraph (a)1., the court may impose any 262
term of imprisonment provided for in p aragraph (a) consecutively 263
to any other term of imprisonment imposed for any other felony 264
offense not enumerated in subparagraph (a)1. 265
(3)(a)1. Any person who is convicted of a felony or an 266
attempt to commit a felony, regardless of whether the use of a 267
firearm is an element of the felony, and the conviction was for: 268
a. Murder; 269
b. Sexual battery; 270
c. Robbery; 271
d. Burglary; 272
e. Arson; 273
f. Aggravated battery; 274
g. Kidnapping; 275
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 12 of 56
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
h. Escape; 276
i. Sale, manufacture, delivery, or intent to sell, 277
manufacture, or deliver any controlled substance; 278
j. Aircraft piracy; 279
k. Aggravated child abuse; 280
l. Aggravated abuse of an elderly person or disabled 281
adult; 282
m. Unlawful throwing, placing, or discharging of a 283
destructive device or bomb; 284
n. Carjacking; 285
o. Home-invasion robbery; 286
p. Aggravated stalking; 287
q. Trafficking in cannabis, trafficking in cocaine, 288
capital importation of cocaine, trafficking in illegal drugs, 289
capital importation of illegal drugs, trafficking in 290
phencyclidine, capital importation of phencyclidine, trafficking 291
in methaqualone, capital importation of methaqualone, 292
trafficking in amphetamine, capital importation of amphetamine, 293
trafficking in flunitrazepam, trafficking in gamma -294
hydroxybutyric acid (GHB), trafficking in 1,4 -Butanediol, 295
trafficking in Phenethylamines, or other violation of s. 296
893.135(1); or 297
r. Human trafficking 298
299
and during the commission of the offense, such person possessed 300
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 13 of 56
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 semiautomatic firearm and its high -capacity detachable box 301
magazine or a machine gun as defined in s. 790.001, shall be 302
sentenced to a minimum term of imprisonment of 15 years. 303
2. Any person who is convicted of a felony or an attempt 304
to commit a felony listed in subparagraph 1., regardless of 305
whether the use of a weapon is an element of the felony , and 306
during the course of the commission of the felony such person 307
discharged a semiautomatic firearm and its high -capacity box 308
magazine or a "machine gun" as defined in s. 790.001 shall be 309
sentenced to a minimum term of imprisonment of 20 years. 310
3. Any person who is convicted of a felony or an attempt 311
to commit a felony listed in subparagraph 1., regardless of 312
whether the use of a weapon is an element of the felony, and 313
during the course of the commission of the felony such person 314
discharged a semiautom atic firearm and its high -capacity box 315
magazine or a "machine gun" as defined in s. 790.001 and, as the 316
result of the discharge, death or great bodily harm was 317
inflicted upon any person, the convicted person shall be 318
sentenced to a minimum term of imprison ment of not less than 25 319
years and not more than a term of imprisonment of life in 320
prison. 321
(d) It is the intent of the Legislature that offenders who 322
possess, carry, display, use, threaten to use, or attempt to use 323
a semiautomatic firearm and its high -capacity detachable box 324
magazine or a machine gun as defined in s. 790.001 be punished 325
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 14 of 56
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
to the fullest extent of the law . The court shall impose , and 326
the minimum term terms of imprisonment required under paragraph 327
(a) imposed pursuant to this subsection shall be imposed for 328
each qualifying felony offense count for which the person is 329
convicted. If the offender is convicted of multiple felony 330
offenses for which paragraph (a) requires the imposition of a 331
minimum term of imprisonment, the court shall impose any such 332
terms term of imprisonment provided for in this subsection 333
consecutively to any other term of imprisonment imposed for any 334
other felony offense . 335
(e) If an offender commits a felony enumerated in 336
subparagraph (a)1. in conjunction with any other felony offense 337
not enumerated in subparagraph (a)1., the court may impose any 338
term of imprisonment provided for in paragraph (a) consecutively 339
to any other term of imprisonment imposed for any other felony 340
offense not enumerated in subparagraph (a)1. 341
(f)(e) As used in this subsection, the term: 342
1. "High-capacity detachable box magazine" means any 343
detachable box magazine, for use in a semiautomatic firearm, 344
which is capable of being loaded with more than 20 centerfire 345
cartridges. 346
2. "Semiautomatic firearm " means a firearm which is 347
capable of firing a series of rounds by separate successive 348
depressions of the trigger and which uses the energy of 349
discharge to perform a portion of the operating cycle. 350
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 15 of 56
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
Section 5. Section 922.10, Florida Statutes, is amende d to 351
read: 352
922.10 Execution of death sentence; executioner. —A death 353
sentence shall be executed by electrocution , or lethal 354
injection, or a method not deemed unconstitutional in accordance 355
with s. 922.105. The warden of the state prison shall designate 356
the executioner. The warrant authorizing the execution shall be 357
read to the convicted person immediately before execution. 358
Section 6. Subsection (3) of section 922.105, Florida 359
Statutes, is amended to read: 360
922.105 Execution of death sentence; prohibit ion against 361
reduction of death sentence as a result of determination that a 362
method of execution is unconstitutional. — 363
(3) If electrocution or lethal injection is held to be 364
unconstitutional by the Florida Supreme Court under the State 365
Constitution, or held to be unconstitutional by the United 366
States Supreme Court under the United States Constitution, or if 367
the United States Supreme Court declines to review any judgment 368
holding a method of execution to be unconstitutional under the 369
United States Constituti on made by the Florida Supreme Court or 370
the United States Court of Appeals that has jurisdiction over 371
Florida, or if the acquisition of chemicals necessary for lethal 372
injection by the department becomes impossible or impractical, 373
all persons sentenced to d eath for a capital crime shall be 374
executed by a method not deemed unconstitutional any 375
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 16 of 56
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
constitutional method of execution . 376
Section 7. Paragraphs (b) through (e) of subsection (4) of 377
section 934.425, Florida Statutes, are redesignated as 378
paragraphs (e) through (h), respectively, and new paragraphs 379
(b), (c), and (d) are added to that subsection, to read: 380
934.425 Installation or use of tracking devices or 381
tracking applications; exceptions; penalties. — 382
(4) This section does not apply to: 383
(b) A correctional officer, correctional probation 384
officer, or any other officer or support personnel, as those 385
terms are defined in s. 943.10, of the Department of Corrections 386
who lawfully installs, places, or uses a tracking device or 387
tracking application on a person in his or her care, custody, or 388
control and in the course and scope of his or her employment. 389
(c) A juvenile probation officer, an authorized agent or 390
designee, or delinquency program staff, as those terms are 391
defined in s. 985.03, of the Department of Juvenile Justice who 392
lawfully installs, places, or uses a tracking device or tracking 393
application on a person in his or her care, custody, or control 394
and in the scope and course of his or her employment. 395
(d) A person authorized to install, place, or use a 396
tracking device or tracking application pursuant to a court 397
order. 398
Section 8. Section 945.41, Florida Statutes, is amended to 399
read: 400
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 17 of 56
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
945.41 Mental health treatment for inmates; legislative 401
intent of ss. 945.40 -945.49.— 402
(1) INTENT.—It is the intent of the Legislature that : 403
(a) mentally ill Inmates in the custody of the department 404
who have a mental illness of Corrections receive an evaluation 405
and appropriate treatment for their mental illness through a 406
continuum of outpatient and inpatient mental h ealth treatment 407
and services. 408
(b) The department is authorized to purchase treatment 409
materials and equipment to support inmate rehabilitation; to 410
ameliorate disabling mental symptoms associated with impairment 411
in behavioral functioning, sensory and motor skills, and impulse 412
control; and to improve adaptive coping skills consistent with 413
the department's jurisdiction as described in s. 945.025. 414
(c) Sections 945.40 -945.49 do not supplement, amend, or 415
change the responsibilities of the Department of Children and 416
Families pursuant to chapter 916, the Forensic Client Services 417
Act, which governs forensic services for persons who are 418
incompetent to proceed as defined in s. 916.106. 419
(2) INDIVIDUAL DIGNITY AND TREATMENT. — 420
(a) An inmate in the custody of the department shall be 421
offered treatment that is suited to his or her needs as 422
determined by health care staff and that is provided in a humane 423
psychological environment. Such treatment shall be administered 424
skillfully, safely, and humanely with respect for the inmate's 425
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 18 of 56
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
dignity and personal integrity. 426
(b) The department shall provide mental health treatment 427
and services to inmates and may contract with any entities, 428
persons, or agencies qualified to provide such treatment and 429
services. 430
(c) Inmates receiving mental health treatment and services 431
shall be offered the opportunity to participate in the 432
development of a written individualized treatment plan and 433
provided a copy of such plan before its implementation. It is 434
further the intent of the Legislatur e that: 435
(d)(1) Inmates in the custody of the department who have 436
mental illnesses that require hospitalization and intensive 437
mental health psychiatric inpatient treatment and services or 438
care shall be offered receive appropriate treatment or care in 439
an inpatient setting Department of Corrections mental health 440
treatment facilities designated for that purpose. Inmates who 441
have mental illnesses that require intensive hospitalization -442
level mental health inpatient treatment and services shall be 443
transferred to a department mental health treatment facility 444
designated for that purpose The Department of Corrections shall 445
provide mental health services to inmates committed to it and 446
may contract with any entities, persons, or agencies qualified 447
to provide such serv ices. 448
(e)(2) Mental health treatment facilities shall be secure 449
and adequately equipped and staffed for the provision of mental 450
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 19 of 56
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
health treatment and services. Inmates shall be offered the 451
least restrictive appropriate available treatment and services 452
based on their assessed needs and best interests and consistent 453
with improvement of their condition for facilitation of 454
appropriate adjustment within the correctional environment 455
services and that, to the extent possible, such services be 456
provided in the leas t restrictive manner consistent with optimum 457
improvement of the inmate's condition . 458
(3) EXPRESS AND INFORMED CONSENT. — 459
(a) A mentally competent inmate offered mental health 460
treatment within the department shall give his or her express 461
and informed consent for such treatment. Before giving such 462
consent, the following information shall be provided and 463
explained in plain language to the inmate: 464
1. The proposed treatment. 465
2. The purpose of the treatment. 466
3. The common risks, benefits, and side effects of the 467
treatment and the specific dosage range for a medication, if 468
applicable. 469
4. Alternative treatment modalities. 470
5. The approximate length of treatment. 471
6. The potential effects of stopping treatment. 472
7. How treatment will be monitored. 473
8. That any consent given for treatment may be revoked 474
orally or in writing before or during the treatment period by 475
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 20 of 56
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
the inmate or by a person legally authorized to make health care 476
decisions on behalf of the inmate. 477
(b) Inmates who are determined to be inco mpetent to 478
consent to treatment shall receive treatment deemed to be 479
necessary for their appropriate care and for the safety of the 480
inmate or others in accordance with the procedures established 481
in ss. 945.40-945.49. 482
(4)(3) PAROLE.—Inmates who are transf erred to any facility 483
for the purpose of mental health treatment and services shall be 484
given consideration for parole and be eligible for release by 485
reason of gain-time allowances as provided in s. 944.291 and 486
release by expiration of sentence, consistent with guidelines 487
established for that purpose by the department. 488
(5)(4) YOUTHFUL OFFENDERS.—Any inmate sentenced as a 489
youthful offender, or designated as a youthful offender by the 490
department under chapter 958, who is transferred pursuant to 491
this act to a mental health treatment facility shall be 492
separated from other inmates, if necessary, as determined by the 493
warden of the mental health treatment facility. 494
(6)(5) TREATMENT FACILITIES. —The department may designate 495
mental health treatment facilities for a dult, youthful, and 496
female offenders or may contract with other appropriate 497
entities, persons, or agencies for such services. 498
(7) EMERGENCY MEDICAL TREATMENT. —Notwithstanding any other 499
provision of this section, when the express and informed consent 500
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 21 of 56
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
of an inmate placed in a mental health treatment facility in 501
accordance with s. 945.44 cannot be obtained or the inmate is 502
incompetent to consent to treatment, the warden of a mental 503
health treatment facility, or his or her designated 504
representative, under the direction of the inmate's attending 505
physician, may authorize nonpsychiatric, emergency surgical 506
treatment or other routine medical treatment if such treatment 507
is deemed lifesaving or there is a situation threatening serious 508
bodily harm to the inmate. 509
Section 9. Section 945.42, Florida Statutes, is amended to 510
read: 511
945.42 Definitions; ss. 945.40 -945.49.—As used in ss. 512
945.40-945.49, the following terms shall have the meanings 513
ascribed to them, unless the context shall clearly indicate 514
otherwise: 515
(1) "Court" means the circuit court. 516
(2) "Crisis stabilization care" means an inpatient a level 517
of care that is less restrictive and intensive intense than care 518
provided in a mental health treatment facility, that includes a 519
broad range of evaluation and t reatment and services provided 520
within a secure and highly structured residential setting or 521
locked residential setting , and that is intended for inmates who 522
are experiencing acute psychological emotional distress and who 523
cannot be adequately evaluated and treated in a transitional 524
care unit or infirmary isolation management room. Such treatment 525
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 22 of 56
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
and services are is also more intense than treatment and 526
services provided in a transitional care unit and are is devoted 527
principally toward rapid stabilization of a cute symptoms and 528
conditions. 529
(3) "Department" means the Department of Corrections. 530
(4) "Express and informed consent" means consent 531
voluntarily given in writing, by a competent inmate, after 532
sufficient explanation and disclosure of the subject matter 533
involved, to enable the inmate to make a knowing and willful 534
decision without any element of force, fraud, deceit, duress, or 535
other form of constraint or coercion. 536
(5) "Gravely disabled" means a condition in which an 537
inmate, as a result of a diagnosed me ntal illness, is: 538
(a) In danger of serious physical harm resulting from the 539
inmate's failure to provide for his or her essential physical 540
needs of food, clothing, hygiene, health, or safety without the 541
assistance of others; or 542
(b) Experiencing a substa ntial deterioration in behavioral 543
functioning evidenced by the inmate's unremitting decline in 544
volitional control over his or her actions. 545
(6) "Incompetent to consent to treatment" means a state in 546
which an inmate's judgment is so affected by mental illn ess that 547
he or she lacks the capacity to make a well -reasoned, willful, 548
and knowing decision concerning his or her medical or mental 549
health treatment and services. The term is distinguished from 550
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 23 of 56
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
the term "incompetent to proceed," as defined in s. 916.106, and 551
only refers to an inmate's inability to provide express and 552
informed consent for medical or mental health treatment and 553
services. 554
(4) "Director" means the Director for Mental Health 555
Services of the Department of Corrections or his or her 556
designee. 557
(5) "In immediate need of care and treatment" means that 558
an inmate is apparently mentally ill and is not able to be 559
appropriately cared for in the institution where he or she is 560
confined and that, but for being isolated in a more restrictive 561
and secure housing environment, because of the apparent mental 562
illness: 563
(a)1. The inmate is demonstrating a refusal to care for 564
himself or herself and without immediate treatment intervention 565
is likely to continue to refuse to care for himself or herself, 566
and such refusal poses an immediate, real, and present threat of 567
substantial harm to his or her well -being; or 568
2. There is an immediate, real, and present threat that 569
the inmate will inflict serious bodily harm on himself or 570
herself or another person, as evidenced b y recent behavior 571
involving causing, attempting, or threatening such harm; 572
(b) The inmate is unable to determine for himself or 573
herself whether placement is necessary; and 574
(c) All available less restrictive treatment alternatives 575
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 24 of 56
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
that would offer an op portunity for improvement of the inmate's 576
condition have been clinically determined to be inappropriate. 577
(7)(6) "In need of care and treatment" means that an 578
inmate has a mental illness for which inpatient services in a 579
mental health treatment facility a re necessary and that, but for 580
being isolated in a more restrictive and secure housing 581
environment, because of the mental illness: 582
(a) But for being isolated in a more restrictive and 583
secure housing environment: 584
1. The inmate is demonstrating a refusal to care for 585
himself or herself and without treatment is likely to continue 586
to refuse to care for himself or herself, and such refusal poses 587
a real and present threat of substantial harm to his or her 588
well-being; or 589
2. There is a substantial likelihood t hat in the near 590
future the inmate will inflict serious bodily harm on himself or 591
herself or another person, as evidenced by recent behavior 592
causing, attempting, or threatening such harm .; 593
(b) The inmate is incompetent to consent to treatment and 594
is unable or is refusing to provide express and informed consent 595
to treatment. 596
(c)(b) The inmate is unable to determine for himself or 597
herself whether placement is necessary; and 598
(d)(c) All available less restrictive treatment 599
alternatives that would offer an opportunity for improvement of 600
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 25 of 56
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
the inmate's condition have been clinically determined to be 601
inappropriate. 602
(8)(7) "Inmate" means any person committed to the custody 603
of the Department of Corrections. 604
(9) "Involuntary examination" means a psychiatric 605
examination performed at a mental health treatment facility to 606
determine whether an inmate should be placed in the mental 607
health treatment facility for inpatient mental health treatment 608
and services. 609
(10) "Likelihood of serious harm" means: 610
(a) A substantial risk that the inmate will inflict 611
serious physical harm upon his or her own person, as evidenced 612
by threats or attempts to commit suicide or the actual 613
infliction of serious physical harm on self; 614
(b) A substantial risk that the inmate will inflict 615
physical harm upon another person, as evidenced by behavior 616
which has caused such harm or which places any person in 617
reasonable fear of sustaining such harm; or 618
(c) A reasonable degree of medical certainty that the 619
inmate will suffer serious physical or m ental harm as evidenced 620
by the inmate's recent behavior demonstrating an inability to 621
refrain from engaging in self -harm behavior. 622
(11)(8) "Mental health treatment facility" means any 623
extended treatment or hospitalization -level unit within the 624
corrections system which the Assistant Secretary for Health 625
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 26 of 56
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
Services of the department specifically designates by rule to 626
provide acute mental health psychiatric care and which may 627
include involuntary treatment and therapeutic intervention in 628
contrast to less intensive levels of care such as outpatient 629
mental health care, transitional mental health care, or crisis 630
stabilization care. The term does not include a forensic 631
facility as defined in s. 916.106. 632
(12)(9) "Mental illness" or "mentally ill" means an 633
impairment of the mental or emotional processes that exercise 634
conscious control of one's actions or of the ability to perceive 635
or understand reality , which impairment substantially interferes 636
with the person's ability to meet the ordinary demands of 637
living. However, for the purposes of transferring an inmate to a 638
mental health treatment facility, the term does not include a 639
developmental disability as defined in s. 393.063, simple 640
intoxication, or conditions manifested only by antisocial 641
behavior or substance abuse addiction. However, an individual 642
who is developmentally disabled may also have a mental illness. 643
(13)(10) "Psychiatrist" means a medical practitioner 644
licensed pursuant to chapter 458 or chapter 459 who has 645
primarily diagnosed and treated nervous and mental disorders for 646
a period of not less than 3 years inclusive of psychiatric 647
residency. 648
(14)(11) "Psychological professional" means a beh avioral 649
practitioner who has an approved doctoral degree in psychology 650
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 27 of 56
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
as defined in s. 490.003(3)(b) s. 490.003(3) and is employed by 651
the department or who is licensed as a psychologist pursuant to 652
chapter 490. 653
(15)(12) "Secretary" means the Secretary o f Corrections. 654
(16)(13) "Transitional mental health care" means a level 655
of care that is more intensive than outpatient care, but less 656
intensive than crisis stabilization care, and is characterized 657
by the provision of traditional mental health treatment and 658
services treatments such as group and individual therapy, 659
activity therapy, recreational therapy, and psychotropic 660
medications in the context of a secure, structured residential 661
setting. Transitional mental health care is indicated for an 662
inmate a person with chronic or residual symptomatology who does 663
not require crisis stabilization care or acute mental health 664
psychiatric care, but whose impairment in functioning 665
nevertheless renders him or her incapable of adjusting 666
satisfactorily within the general i nmate population. 667
(17) "Treatment" means psychotropic medications prescribed 668
by a medical practitioner licensed pursuant to chapter 458 or 669
chapter 459, including those laboratory tests and related 670
medical procedures that are essential for the safe and ef fective 671
administration of a psychotropic medication and psychological 672
interventions and services such as group and individual 673
psychotherapy, activity therapy, recreational therapy, and music 674
therapy. The term does not include forensic services for inmate 675
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 28 of 56
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
defendants who are incompetent to proceed as defined in s. 676
916.106. 677
(18)(14) "Warden" means the warden of a state corrections 678
facility or his or her designee. 679
Section 10. Section 945.43, Florida Statutes, is amended 680
to read: 681
(Substantial rewording of section. See 682
s. 945.43, F.S., for present text.) 683
945.43 Involuntary examination. — 684
(1) If there is reason to believe that an inmate has a 685
mental illness and the inmate is in need of care and treatment, 686
the inmate's treating clinician may refer the inm ate to a mental 687
health treatment facility for an involuntary examination. Upon 688
referral, the warden of the facility where the inmate is housed 689
shall transfer the inmate to a mental health treatment facility. 690
(2) Upon arrival to the mental health treatmen t facility, 691
the inmate shall be examined by a psychiatrist and a second 692
psychiatrist or psychological professional to determine whether 693
the inmate is in need of care and treatment. 694
(3) If, after the examination, the inmate is determined to 695
be in need of care and treatment, the psychiatrist shall propose 696
a recommended course of treatment that is essential to the care 697
of the inmate and the warden shall initiate proceedings for 698
placement of the inmate in the mental health treatment facility 699
and for involuntary treatment of the inmate as specified in s. 700
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 29 of 56
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
945.44. If the inmate is not in need of care and treatment, he 701
or she shall be transferred out of the mental health treatment 702
facility and provided with appropriate mental health services. 703
(4) The involuntary examination and initiation of court 704
proceedings for the placement and applicable involuntary 705
treatment of the inmate in the mental health treatment facility 706
shall be completed within 10 calendar days after arrival. 707
(5) The inmate may remain in the menta l health treatment 708
facility pending a hearing after the timely filing of a petition 709
as described in s. 945.44. Pending a hearing, necessary 710
emergency treatment may be provided in the mental health 711
treatment facility upon the written order of a physician as 712
provided in s. 945.48. 713
Section 11. Section 945.44, Florida Statutes, is amended 714
to read: 715
(Substantial rewording of section. See 716
s. 945.44, F.S., for present text.) 717
945.44 Placement and treatment of an inmate in a mental 718
health treatment facility. — 719
(1) CRITERIA FOR INVOLUNTARY PLACEMENT OR TREATMENT. — 720
(a) An inmate may be placed in a mental health treatment 721
facility if he or she is mentally ill and is in need of care and 722
treatment. 723
(b) An inmate may receive involuntary treatment for which 724
the inmate is unable or has refused to provide express and 725
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 30 of 56
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
informed consent, if all of the following apply: 726
1. The inmate is mentally ill. 727
2. The treatment is essential to the care of the inmate. 728
3. The treatment is not experimental and does not present 729
an unreasonable risk of serious, hazardous, or irreversible side 730
effects. 731
4. The inmate is gravely disabled or poses a likelihood of 732
serious harm. 733
5. The inmate is incompetent to consent to treatment. 734
(2) HEARING PROCEDURES FOR PETITIONS FOR PLACEMENT AND 735
TREATMENT.— 736
(a) An inmate may be placed and involuntarily treated in a 737
mental health treatment facility after notice and hearing upon 738
the recommendation of the warden of the facility where the 739
inmate is confined. The warden of the instituti on where the 740
mental health treatment facility is located shall petition the 741
circuit court serving the county for an order authorizing the 742
placement and treatment of the inmate. The petition must be 743
supported by the expert opinion of at least one of the inm ate's 744
treating psychiatrists. 745
(b) The inmate shall be provided with a copy of the 746
petition along with the proposed treatment, the basis for the 747
proposed treatment, the names of the examining experts, and the 748
date, time, and location of the hearing. After considering the 749
public safety and security concerns presented by transporting 750
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 31 of 56
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
the inmate or in conducting onsite hearings, the court may order 751
that the hearing be conducted by electronic means or in person 752
at the facility or at another location designated by the court. 753
If the hearing is ordered by the court to be conducted at a 754
location other than the facility, the department is authorized 755
to transport the inmate to the location of the hearing. 756
(c) The inmate may have an attorney represent him or her 757
at the hearing, and, if the inmate is indigent, the court shall 758
appoint the office of the public defender or private counsel 759
pursuant to s. 27.40(1) to represent the inmate at the hearing. 760
An attorney representing the inmate shall have access to the 761
inmate and any records, including medical or mental health 762
records, which are relevant to the representation of the inmate. 763
(d) The hearing on the petition for involuntary placement 764
and treatment shall be held as expeditiously as possible after 765
the petition is filed, but no later than 14 calendar days after 766
filing. The court may appoint a general or special magistrate to 767
preside. The inmate may testify or not, as he or she chooses, 768
may cross-examine witnesses testifying on behalf of the 769
facility, and may present h is or her own witnesses. 770
(e) The court may waive the presence of the inmate at the 771
hearing if the waiver is consistent with the best interests of 772
the inmate and the inmate's counsel does not object. One of the 773
inmate's physicians whose opinion supported the petition shall 774
appear as a witness at the hearing. 775
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 32 of 56
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
(3) ORDERS FOR INVOLUNTARY PLACEMENT AND TREATMENT. — 776
(a) If the court finds by clear and convincing evidence 777
that the inmate meets the criteria in paragraph (1)(a), the 778
court must order that the in mate be involuntarily placed in the 779
mental health treatment facility for a period not to exceed 6 780
months. 781
(b) If the court finds by clear and convincing evidence 782
that the inmate meets the criteria in paragraph (1)(b), the 783
court may order that the inmate be involuntarily treated for a 784
period not to exceed 6 months, concurrent with an order for 785
placement in the mental health treatment facility. In 786
determining whether to order involuntary treatment under this 787
section, the court must consider the inmate's exp ressed 788
preference regarding treatment; whether the inmate is able to 789
express a preference; the probability of adverse side effects; 790
the prognosis for the inmate without treatment; the prognosis 791
for the inmate with treatment; and any other factors the court 792
deems relevant. 793
(4) STATUS HEARINGS AND CONTINUING JURISDICTION. —An order 794
authorizing involuntary placement and treatment shall allow such 795
placement and treatment for a period not to exceed 6 months 796
following the date of the order. Unless the court is n otified in 797
writing that the inmate has been discharged from the mental 798
health treatment facility because he or she is no longer in need 799
of care and treatment, has been transferred to another 800
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 33 of 56
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
institution of the department, or has been released from the 801
department's custody, the warden shall, before the expiration of 802
the initial order, file a notice with the court to set a status 803
hearing for an order authorizing the continuation of placement 804
and treatment for another period not to exceed 6 months. This 805
procedure shall be repeated until the inmate is no longer in 806
need of care and treatment. Placement and treatment may be 807
continued pending a hearing after the timely filing of any 808
petition. 809
(5) COPIES OF ORDERS. —The court shall provide a copy of 810
its order authorizing placement and treatment along with all 811
supporting documentation relating to the inmate's condition to 812
the warden of the mental health treatment facility. 813
(6) DISMISSAL OF PETITIONS. —If the court finds that 814
criteria for placement and treatment are not satisfied, it shall 815
dismiss the petition and the inmate shall be transferred out of 816
the mental health treatment facility and provided with 817
appropriate mental health services. 818
Section 12. Section 945.45, Florida Statutes, is repealed. 819
Section 13. Subsection (3) of section 945.46, Florida 820
Statutes, is renumbered as subsection (5) and amended, and new 821
subsections (3) and (4) are added to that section, to read: 822
945.46 Initiation of involuntary placement proceedings 823
with respect to a mentally ill i nmate scheduled for release. — 824
(3) The warden shall file petitions for involuntary 825
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 34 of 56
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
inpatient placement for inmates scheduled to be released in the 826
court in the county where the inmate is located. Upon filing, 827
the clerk of the court shall provide copies to the Department of 828
Children and Families, the inmate, and the state attorney and 829
public defender of the judicial circuit in which the inmate is 830
located. A fee may not be charged for the filing of a petition 831
under chapter 394. Within 1 court working day aft er the filing 832
of a petition for involuntary inpatient placement, the court 833
shall appoint the public defender to represent the inmate who is 834
the subject of the petition, unless the inmate is otherwise 835
represented by counsel. The clerk of the court shall imm ediately 836
notify the public defender of such appointment. Any attorney 837
representing the inmate shall have access to the inmate, 838
witnesses, and records relevant to the presentation of the 839
patient's case and shall represent the interests of the inmate, 840
regardless of the source of payment to the attorney. The state 841
attorney for the circuit in which the inmate is located shall 842
represent the state, rather than the petitioning warden, as the 843
real party in interest in the proceeding. The remainder of the 844
proceedings shall be governed by chapter 394. 845
(4) After considering the public safety and security 846
concerns presented by transporting the inmate or in conducting 847
onsite hearings, the court may order that the hearing be 848
conducted by electronic means or in person at the facility or at 849
another location designated by the court. If the hearing is 850
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 35 of 56
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
ordered by the court to be conducted at a location other than 851
the facility, the department is authorized to transport the 852
inmate to the location of the hearing. 853
(5)(3) The department may transport an individual who is 854
being released from its custody to a receiving or mental health 855
treatment facility for involuntary examination or placement. 856
Such transport shall be made to a facility that is specified by 857
the Department of Children and Families as able to meet the 858
specific needs of the individual. If the Department of Children 859
and Families does not specify a facility, transport shall may be 860
made to the nearest receiving facility. 861
Section 14. Section 945.47, Florida St atutes, is amended 862
to read: 863
945.47 Discharge of inmate from mental health treatment. — 864
(1) An inmate who has been placed in a mental health 865
treatment facility transferred for the purpose of mental health 866
treatment shall be discharged from treatment by t he warden under 867
the following conditions: 868
(a) If the inmate is no longer in need of care and 869
treatment, as defined in s. 945.42, he or she may be transferred 870
out of the mental health treatment facility and provided with 871
appropriate mental health services ; or 872
(b) If the inmate's sentence expires during his or her 873
treatment, but he or she is no longer in need of care and 874
treatment as an inpatient, the inmate may be released with a 875
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 36 of 56
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
recommendation for outpatient treatment, pursuant to the 876
provisions of ss. 945.40-945.49. 877
(2) At any time that an inmate who has received mental 878
health treatment while in the custody of the department becomes 879
eligible for release under supervision or upon end of sentence, 880
a record of the inmate's mental health treatment may be provided 881
to the Florida Commission on Offender Review and to the 882
Department of Children and Families to arrange postrelease 883
aftercare placement and to prospective recipient inpatient 884
health care or residential facilities upon request. The record 885
shall include, at a minimum, a summary of the inmate's 886
diagnosis, length of stay in treatment, clinical history, 887
prognosis, prescribed medication, treatment plan, and 888
recommendations for aftercare services. 889
Section 15. Section 945.48, Florida Statutes, is amende d 890
to read: 891
(Substantial rewording of section. See 892
s. 945.48, F.S., for present text.) 893
945.48 Emergency treatment orders and use of force. — 894
(1) EMERGENCY MEDICATION. —The department is authorized to 895
involuntarily administer psychotropic medication to a n inmate on 896
an emergency basis without following the procedure outlined in 897
s. 945.43 only as specified in this section. An emergency 898
treatment order for psychotropic medication may be provided to 899
the inmate upon the written order of a physician licensed 900
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 37 of 56
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
pursuant to chapter 458 or chapter 459 in an emergency not 901
exceeding 72 hours, excluding weekends and legal holidays. An 902
emergency exists when an inmate with a mental illness presents 903
an immediate threat of: 904
(a) Bodily harm to self or others; or 905
(b) Extreme deterioration in behavioral functioning 906
secondary to the mental illness. 907
(2) PSYCHOTROPIC MEDICATION. —Psychotropic medication may 908
be administered only when the medication constitutes an 909
appropriate treatment for a mental illness and its symptoms and 910
alternative treatments are not available or indicated, or would 911
not be effective. If after the 72 -hour period the inmate has not 912
given express and informed consent to the medication initially 913
refused, the inmate's treating physician shall refer the inmate 914
to a mental health treatment facility for an involuntary 915
examination in accordance with the procedures described in s. 916
945.43. Upon such referral, the warden shall, within 48 hours, 917
excluding weekends and legal holidays, transfer the inmate to a 918
mental health treatment facility. Upon transfer of the inmate 919
for an involuntary examination, the emergency treatment order 920
may be continued upon the written order of a physician as long 921
as the physician has determined that the emergency continues to 922
present a danger to the safety of the inmate or others and the 923
criteria described in this subsection are satisfied. If 924
psychotropic medication is still recommended after the 925
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 38 of 56
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
emergency, it may only be administered after following the 926
procedures outlined in s. 945.44. 927
(3) USE OF FORCE.—An employee or agent of the department 928
is authorized to apply physical force upon an inmate when and to 929
the extent that it reasonably appears necessary to effectuate 930
the treatment of an inmate as described in this section, for the 931
application of psychiatric restraint, to effectuate clinically 932
necessary hygiene, or pursuant to a valid court order issued 933
under s. 945.44 or s. 945.485. The requirements of s. 944.35 934
shall be followed when using force to effectuate such treatment, 935
apply such restraint, or effectuate such hygiene. 936
Section 16. Section 945.485, Florida Statutes, is created 937
to read: 938
945.485 Management and treatment for self -injurious 939
behaviors.— 940
(1) The Legislature finds that nonsuicidal self -injurious 941
behaviors in correctional institutions, or acts intended to 942
cause bodily harm but not death, have increased in the 943
correctional environment. Self -injurious behavior may include 944
nonsuicidal self-injury or self-mutilation, such as cutting, 945
reopening wounds, and ingesting or inserting foreign objects or 946
dangerous instruments into the body. These behaviors pose a 947
significant threat to inmates, staff, and, in many cases, the 948
safe and secure operation of the correctional institution. In 949
addition, self-injurious behaviors, coupled with repeated 950
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 39 of 56
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
refusals to provide express and informed consent for medical 951
treatment and care, are a significant challenge for correctional 952
medical and mental health professionals , resulting in higher 953
costs for medical services, and may result in inadvertent 954
mortality in the incarcerated population. 955
(2) In accordance with s. 945.6042, the Legislature finds 956
that an inmate retains the fundamental right of self -957
determination regardi ng decisions pertaining to his or her own 958
health, including the right to choose or refuse medical 959
treatment or life-saving medical procedures. However, the 960
inmate's right to privacy and decisionmaking regarding medical 961
treatment may be outweighed by compel ling state interests. 962
(3) When an inmate is engaging in active or ongoing self -963
injurious behavior and has refused to provide express and 964
informed consent for treatment related to the self -injurious 965
behavior, the warden of the facility where the inmate is housed 966
shall consult with the inmate's treating physician regarding the 967
inmate's medical and mental health status, current medical and 968
mental health treatment needs, and competency to provide express 969
and informed consent for treatment. The warden shall al so 970
determine whether the inmate's self -injurious behavior presents 971
a danger to the safety of department staff or other inmates or 972
the security, internal order, or discipline of the institution. 973
(a) If the inmate's treating physician determines that the 974
inmate has a mental illness and is incompetent to consent to 975
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 40 of 56
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
treatment, the physician shall proceed in accordance with s. 976
945.6042 for any necessary surgical or medical services. If the 977
inmate is in need of care and treatment as defined in s. 945.42, 978
the inmate shall be referred to a mental health treatment 979
facility for an involuntary examination in accordance with s. 980
945.44. 981
(b) If the inmate is competent, refusing necessary 982
surgical or medical treatment, and engaging in active or ongoing 983
self-injurious behavior that presents a threat to the safety of 984
department staff or other inmates or the security, internal 985
order, or discipline of the institution, the warden shall follow 986
the procedure set forth in subsection (4). 987
(4)(a) The warden, or his or her desig nated 988
representative, shall, on behalf of the state, petition the 989
circuit court of the county in which the inmate is residing or 990
the county in which the inmate is hospitalized for an order 991
compelling the inmate to submit to emergency surgical 992
intervention or other medical services to the extent necessary 993
to remedy the threat to the safety of staff or other inmates or 994
the security, internal order, or discipline of the institution. 995
The petition must be supported by the expert opinion of at least 996
one of the inmate's treating physicians and may be supported by 997
other staff as necessary. 998
(b) The inmate shall be provided with a copy of the 999
petition along with the proposed intervention, the basis for the 1000
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 41 of 56
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
proposed intervention, the names of the testifying experts a nd 1001
witnesses, and the date, time, and location of the hearing. 1002
After considering the medical status of the inmate, public 1003
safety, and security concerns presented by transporting the 1004
inmate, the court may order that the hearing be conducted by 1005
electronic means or in person at the institution or at another 1006
location designated by the court. If the hearing is ordered by 1007
the court to be conducted at a location other than the 1008
institution, the department is authorized to transport the 1009
inmate to the location of the hearing. 1010
(c) The inmate may have an attorney represent him or her 1011
at the hearing, and, if the inmate is indigent, the court shall 1012
appoint the office of the public defender or private counsel 1013
pursuant to s. 27.40(1) to represent the inmate at the hearing . 1014
An attorney representing the inmate shall have access to the 1015
inmate and any records, including medical or mental health 1016
records, which are relevant to the representation of the inmate. 1017
(d) The hearing on the petition shall be held as 1018
expeditiously as possible after the petition is filed, but no 1019
later than 5 calendar days after filing. The court may appoint a 1020
general or special magistrate to preside. The inmate may testify 1021
or not, as he or she chooses, may cross -examine witnesses 1022
testifying on behalf of the institution, and may present his or 1023
her own witnesses. 1024
(e) The court may waive the presence of the inmate at the 1025
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 42 of 56
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
hearing if the waiver is consistent with the best interests of 1026
the inmate and the inmate's counsel does not object. 1027
(f) The court shall determine whether the warden has 1028
established, by clear and convincing evidence, a compelling 1029
state interest sufficient to outweigh the inmate's right to 1030
refuse treatment. The court shall consider all of the following: 1031
1. Preservation of the life of the inmate. 1032
2. Prevention of suicide. 1033
3. Protection of innocent third parties. 1034
4. Maintenance of the ethical integrity of the medical 1035
profession. 1036
5. Preservation of the security, internal order, or 1037
discipline of the institution. 1038
6. Rehabilitation of the inmate. 1039
7. Any other compelling state interest. 1040
(g) If the court determines that there are compelling 1041
state interests sufficient to override the inmate's right to 1042
refuse treatment, the court shall enter an order authorizing 1043
emergency surgical inter vention or other medical services, 1044
narrowly tailored and in the least intrusive manner possible, 1045
only as necessary to remedy the threat to the safety of third 1046
parties or the security, internal order, or discipline of the 1047
institution. Emergency surgical int ervention or other medical 1048
services authorized by the court may be carried out at the 1049
institution or at a licensed hospital, as applicable. 1050
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 43 of 56
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
(5) This section does not repeal by implication any 1051
provision of s. 766.103, the Florida Medical Consent Law, or s . 1052
768.13, the Good Samaritan Act. For all purposes, the Florida 1053
Medical Consent Law and the Good Samaritan Act shall be 1054
considered alternatives to this section. 1055
Section 17. Subsection (2) of section 945.49, Florida 1056
Statutes, is amended to read: 1057
945.49 Operation and administration. — 1058
(2) RULES.—The department, in cooperation with the Mental 1059
Health Program Office of the Department of Children and 1060
Families, shall adopt rules necessary for administration of ss. 1061
945.40-945.49 in accordance with chapter 12 0. 1062
Section 18. Section 945.6402, Florida Statutes, is created 1063
to read: 1064
945.6402 Inmate health care advance directives. — 1065
(1) DEFINITIONS.—The terms used in this section have the 1066
same meanings as in s. 765.101 unless otherwise specified in 1067
this section. For purposes of this section, the term: 1068
(a) "Health care facility" has the same meaning as in s. 1069
765.101 and includes any correctional institution or facility 1070
where health care is provided. 1071
(b) "Incapacity" or "incompetent" means an inmate is 1072
physically or mentally unable to communicate a willful and 1073
knowing health care decision. 1074
(c) "Informed consent" means consent voluntarily given by 1075
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 44 of 56
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
an inmate after a sufficient explanation and disclosure of the 1076
subject matter involved to enable the inmate to h ave a general 1077
understanding of the treatment or procedure and the medically 1078
acceptable alternatives, including the substantial risks and 1079
hazards inherent in the proposed treatment or procedures, and to 1080
make a knowing health care decision without coercion o r undue 1081
influence. 1082
(d) "Inmate" means any person committed to the custody of 1083
the department. 1084
(e) "Ombudsman" means an individual designated and 1085
specifically trained by the department to identify conditions 1086
that may pose a threat to the rights, health, safety, and 1087
welfare of inmates in a health care facility and who may be 1088
appointed to serve as a proxy for an inmate who is physically or 1089
mentally unable to communicate a willful and knowing health care 1090
decision. 1091
(f) "Proxy" means a competent adult who ha s not been 1092
expressly designated to make health care decisions for a 1093
particular incapacitated inmate, but who, nevertheless, is 1094
authorized pursuant to s. 765.401 and as specified in this 1095
section to make health care decisions for such inmate. 1096
(g) "Proxy review team" means a team of at least five 1097
members, appointed by the Assistant Secretary for Health 1098
Services. The team shall be composed of, at a minimum, one 1099
physician licensed pursuant to chapter 458 or chapter 459, one 1100
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 45 of 56
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
psychologist licensed pursuant to ch apter 490, one nurse 1101
licensed pursuant to chapter 464, and one department chaplain. 1102
(2) LEGISLATIVE FINDINGS AND INTENT. - 1103
(a) In accordance with chapter 765, the Legislature finds 1104
that an inmate retains the fundamental right of self -1105
determination regarding decisions pertaining to his or her own 1106
health, including the right to choose or refuse medical 1107
treatment. In accordance with chapter 765, this right is subject 1108
to certain institutional interests including the protection of 1109
human life, the preservation of ethical standards in the medical 1110
profession, and, for inmates committed to the custody of the 1111
department, the security and good order of the institutional 1112
setting. 1113
(b) To ensure that such right is not lost or diminished by 1114
virtue of later physical or mental incapacity, the Legislature 1115
intends that the procedures specified in chapter 765, and as 1116
modified in this section for the institutional health care 1117
setting, apply to incarcerated inmates. These procedures should 1118
be less expensive and less restricti ve than guardianship and 1119
allow an inmate to plan for incapacity by executing a document 1120
or orally designating another person to direct the course of his 1121
or her health care or receive his or her health information, or 1122
both, upon his or her incapacity. These procedures permit a 1123
previously incapacitated inmate to exercise his or her full 1124
right to make health care decisions as soon as the capacity to 1125
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 46 of 56
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
make such decisions has been regained. 1126
(c) In order to ensure that the rights and intentions of 1127
an inmate are respected when the inmate is not able to 1128
participate actively in decisions concerning himself or herself, 1129
and to encourage communication among such inmate, his or her 1130
family, and his or her treating physicians, the Legislature 1131
declares that the laws of thi s state recognize the right of a 1132
competent incarcerated adult to make an advance directive 1133
instructing his or her physicians to provide, withhold, or 1134
withdraw life-prolonging procedures or to designate another 1135
person to make the health care decision for hi m or her in the 1136
event that such incarcerated person should become incapacitated 1137
and unable to personally direct his or her health care. It is 1138
further the intent of the Legislature that the department 1139
provide the opportunity for inmates to make advance dire ctives 1140
as specified in this section. 1141
(d) The Legislature further recognizes that incarcerated 1142
inmates may not avail themselves of the opportunity to make an 1143
advance directive or, because of incarceration, may not have a 1144
surrogate, as defined in s. 765.10 1, willing, able, or 1145
reasonably available to make health care decisions on his or her 1146
behalf. Additionally, because of incarceration, the individuals 1147
designated in s. 765.401 who are eligible to serve as an 1148
appointed proxy may not be reasonably available, willing, or 1149
competent to make health care decisions for the inmate in the 1150
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 47 of 56
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
event of incapacity. Thus, it is the intent of the Legislature 1151
that the department have an efficient process that is less 1152
expensive and less restrictive than guardianship for the 1153
appointment of a proxy to allow for the expedient delivery of 1154
necessary health care to an incarcerated inmate. 1155
(e) This section does not supersede the process for inmate 1156
involuntary mental health treatment in ss. 945.40 -945.49. 1157
(3) CAPACITY OF INMATE; PRO CEDURE.— 1158
(a) An inmate is presumed to be capable of making health 1159
care decisions for himself or herself unless he or she is 1160
determined to be incapacitated. When an inmate has 1161
decisionmaking capacity, the inmate's wishes are controlling. 1162
Each physician or health care provider must clearly communicate 1163
the treatment plan and any change to the treatment plan before 1164
implementation of the plan or any change to the plan. Incapacity 1165
may not be inferred from an inmate's involuntary hospitalization 1166
for mental illness or from his or her intellectual disability. 1167
(b) If an inmate's capacity to make health care decisions 1168
for himself or herself or provide informed consent is in 1169
question, the inmate's treating physician at the health care 1170
facility where the inmate is lo cated shall evaluate the inmate's 1171
capacity and, if the evaluating physician concludes that the 1172
inmate lacks capacity, enter that evaluation in the inmate's 1173
medical record. If the evaluating physician has a question as to 1174
whether the inmate lacks capacity, another physician shall also 1175
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 48 of 56
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
evaluate the inmate's capacity, and if the second physician 1176
finds that the inmate lacks the capacity to make health care 1177
decisions for himself or herself or provide informed consent, 1178
both physicians' evaluations shall be entere d in the inmate's 1179
medical record. 1180
(c) If the inmate is found to be incapacitated and has 1181
designated a health care surrogate in accordance with chapter 1182
765, the institution's or facility's health care staff shall 1183
notify the surrogate and proceed as specif ied in chapter 765. If 1184
the incapacitated inmate has not designated a health care 1185
surrogate, the health care facility shall appoint a proxy to 1186
make health care decisions for the inmate as specified in this 1187
section. 1188
(d) A determination made pursuant to this section that an 1189
inmate lacks the capacity to make health care decisions for 1190
himself or herself may not be construed as a finding that an 1191
inmate lacks capacity for any other purpose. 1192
(4) HEALTH CARE ADVANCE DIRECTIVE; PROCEDURE. — 1193
(a) In accordance with chapter 765, the department shall 1194
offer inmates the opportunity to execute an advance directive as 1195
defined in s. 765.101. 1196
(b) The department shall provide to each inmate written 1197
information concerning advance directives and necessary forms to 1198
allow inmates to execute an advance directive. The department 1199
and its health care providers shall document in the inmate's 1200
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 49 of 56
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
medical records whether the inmate has executed an advance 1201
directive. Neither the department nor its health care providers 1202
may require an inmate to execute an advance directive using the 1203
department's forms. The inmate's advance directive shall travel 1204
with the inmate within the department as part of the inmate's 1205
medical record. 1206
(c) An advance directive may be amended or revoked at any 1207
time by a competent inmate by means of: 1208
1. A signed, dated writing of intent to amend or revoke; 1209
2. The physical cancellation or destruction of the advance 1210
directive by the inmate or by another person in the inmate's 1211
presence and at the inmate's direction; 1212
3. An oral expression of intent to amend or revoke; or 1213
4. A subsequently executed advance directive that is 1214
materially different from a previously executed advance 1215
directive. 1216
(5) PROXY.— 1217
(a) If an incapacitated inmate has not executed an advance 1218
directive, or designated a health care surrogate in accordance 1219
with the procedures specified in chapter 765 or the designated 1220
health care surrogate is no longer available to make health care 1221
decisions, health care decisions may be made for the inmate by 1222
any of the individuals specified in the priority order provided 1223
in s. 765.401(1)(a)-(g) as proxy. Documentation of the efforts 1224
to locate a proxy from the classes specified in s. 1225
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 50 of 56
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
765.401(1)(a)-(g) shall be recorded in the inmate's medical 1226
file. 1227
(b) If there are no individuals as specified in s. 1228
765.401(1)(a)-(g) available, willing, or competent to act on 1229
behalf of the inmate, and the inmate is housed in a correctional 1230
institution or facility where health care is provided in a 1231
nonhospital setting, the warden of the institution where the 1232
inmate is housed, or the warden's designee, shall consult with 1233
the Assistant Secretary for Health Services or his or her 1234
designee who shall appoint a department ombudsman to serve as 1235
the proxy. This appointment terminates when the inmate regains 1236
capacity or is no longer incarcerated in the custody of the 1237
department. In accordance with chapter 765 and as provided in 1238
this section, decisions to withhold or withdraw life -prolonging 1239
procedures will be reviewed by the department's proxy review 1240
team for compliance with chapter 765 and the requirements of 1241
this section. 1242
(c) The ombudsman appointed to serve as the proxy is 1243
authorized to request the assistance of the treating physician 1244
and, upon request, a second physician not involved in th e 1245
inmate's care to assist the proxy in evaluating the inmate's 1246
treatment. 1247
(d) In accordance with chapter 765, any health care 1248
decision made by any appointed proxy under this section must be 1249
based on the proxy's informed consent and on the decision that 1250
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 51 of 56
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
the proxy reasonably believes the inmate would have made under 1251
the circumstances. If there is no indication of what decision 1252
the inmate would have made, the proxy may consider the inmate's 1253
best interest in deciding that proposed treatments are to be 1254
withheld or that treatments currently in effect are to be 1255
withdrawn. 1256
(e) Before exercising the incapacitated inmate's rights to 1257
select or decline health care, the proxy must comply with ss. 1258
765.205 and 765.305, except that any proxy's decision to 1259
withhold or withdraw life-prolonging procedures must be 1260
supported by clear and convincing evidence that the decision 1261
would have been the one the inmate would have made had he or she 1262
been competent or, if there is no indication of what decision 1263
the inmate would have made , that the decision is in the inmate's 1264
best interest. 1265
(f) Notwithstanding s. 456.057 and pursuant to s. 945.10 1266
and 45 C.F.R. part 164, subpart E, relevant protected health 1267
information and mental health and medical records of an 1268
incapacitated inmate may b e disclosed to a proxy appointed to 1269
make health care decisions for an inmate. 1270
(6) USE OF FORCE.—In addition to s. 944.35(1), an employee 1271
of the department may apply reasonable physical force upon an 1272
incapacitated inmate to administer medical treatment on ly by or 1273
under the clinical supervision of a physician or his or her 1274
designee and only to carry out a health care decision made in 1275
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 52 of 56
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
accordance with this section and chapter 765. 1276
(7) IMMUNITY FROM LIABILITY. —A department health care 1277
provider, ombudsman, or other employee who acts under the 1278
direction of a health care provider as authorized in this 1279
section or chapter 765 is not subject to criminal prosecution or 1280
civil liability and may not be deemed to have engaged in 1281
unprofessional conduct as a result of car rying out a health care 1282
decision made in accordance with this section or chapter 765 on 1283
an inmate's behalf. 1284
Section 19. Section 947.02, Florida Statutes, is amended 1285
to read: 1286
947.02 Florida Commission on Offender Review; members, 1287
appointment.— 1288
(1) Except as provided in s. 947.021, The members of the 1289
Florida Commission on Offender Review shall be directly 1290
appointed by the Governor and Cabinet from a list of eligible 1291
applicants submitted by a parole qualifications committee . The 1292
appointments of members of the commission shall be certified to 1293
the Senate by the Governor and Cabinet for confirmation , and the 1294
membership of the commission shall include representation from 1295
minority persons as defined in s. 288.703 . 1296
(2) If the Legislature decreases the membe rship of the 1297
commission, all commission member terms of office shall expire 1298
and new members of the commission must be appointed in 1299
accordance with subsection (1). Members appointed to the 1300
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 53 of 56
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
commission may be selected from incumbents A parole 1301
qualifications committee shall consist of five persons who are 1302
appointed by the Governor and Cabinet. One member shall be 1303
designated as chair by the Governor and Cabinet. The committee 1304
shall provide for statewide advertisement and the receiving of 1305
applications for any pos ition or positions on the commission and 1306
shall devise a plan for the determination of the qualifications 1307
of the applicants by investigations and comprehensive 1308
evaluations, including, but not limited to, investigation and 1309
evaluation of the character, habits , and philosophy of each 1310
applicant. Each parole qualifications committee shall exist for 1311
2 years. If additional vacancies on the commission occur during 1312
this 2-year period, the committee may advertise and accept 1313
additional applications; however, all previo usly submitted 1314
applications shall be considered along with the new applications 1315
according to the previously established plan for the evaluation 1316
of the qualifications of applicants . 1317
(3) Within 90 days before an anticipated vacancy by 1318
expiration of term pu rsuant to s. 947.03 or upon any other 1319
vacancy, the Governor and Cabinet shall appoint a parole 1320
qualifications committee if one has not been appointed during 1321
the previous 2 years. The committee shall consider applications 1322
for the commission seat, including the application of an 1323
incumbent commissioner if he or she applies, according to 1324
subsection (2). The committee shall submit a list of three 1325
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 54 of 56
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
eligible applicants, which may include the incumbent if the 1326
committee so decides, without recommendation, to the Gove rnor 1327
and Cabinet for appointment to the commission. In the case of an 1328
unexpired term, the appointment must be for the remainder of the 1329
unexpired term and until a successor is appointed and qualified. 1330
If more than one seat is vacant, the committee shall sub mit a 1331
list of eligible applicants, without recommendation, containing 1332
a number of names equal to three times the number of vacant 1333
seats; however, the names submitted may not be distinguished by 1334
seat, and each submitted applicant shall be considered eligibl e 1335
for each vacancy. 1336
(4) Upon receiving a list of eligible persons from the 1337
parole qualifications committee, the Governor and Cabinet may 1338
reject the list. If the list is rejected, the committee shall 1339
reinitiate the application and examination procedure ac cording 1340
to subsection (2). 1341
(5) Section 120.525 and chapters 119 and 286 apply to all 1342
activities and proceedings of a parole qualifications committee. 1343
Section 20. Section 947.021, Florida Statutes, is 1344
repealed. 1345
Section 21. Subsection (2) of section 947.12, Florida 1346
Statutes, is amended to read: 1347
947.12 Members, employees, expenses. — 1348
(2) The members of the examining board created in s. 1349
947.02 shall each be paid per diem and travel expenses pursuant 1350
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 55 of 56
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
to s. 112.061 when traveling in the perform ance of their duties. 1351
Section 22. Paragraph (g) of subsection (1) and subsection 1352
(5) of section 957.04, Florida Statutes, are amended to read: 1353
957.04 Contract requirements. — 1354
(1) A contract entered into under this chapter for the 1355
operation of contractor-operated correctional facilities shall 1356
maximize the cost savings of such facilities and: 1357
(g) Require the contractor to be responsible for a range 1358
of dental, medical, and psychological services; diet; education; 1359
and work programs at least equal to th ose provided by the 1360
department in comparable facilities. The work and education 1361
programs must be designed to reduce recidivism, and include 1362
opportunities to participate in such work programs as authorized 1363
pursuant to s. 946.523. However, with respect to th e dental, 1364
medical, psychological, and dietary services, the department is 1365
authorized to exclude any or all of these services from a 1366
contract for private correctional services entered into under 1367
this chapter and retain responsibility for the delivery of tho se 1368
services, whenever the department finds it to be in the best 1369
interests of the state. 1370
(5) Each contract entered into by the department must 1371
include substantial minority participation unless demonstrated 1372
by evidence, after a good faith effort, as imprac tical and must 1373
also include any other requirements the department considers 1374
necessary and appropriate for carrying out the purposes of this 1375
CS/CS/HB 903 2025
CODING: Words stricken are deletions; words underlined are additions.
hb903-02-c2
Page 56 of 56
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
chapter. 1376
Section 23. Subsection (3) of section 957.09, Florida 1377
Statutes, is amended to read: 1378
957.09 Applicability of chapter to other provisions of 1379
law.— 1380
(3) The provisions of law governing the participation of 1381
minority business enterprises are applicable to this chapter. 1382
Section 24. Subsection (2) of section 20.32, Florida 1383
Statutes, is amended to read: 1384
20.32 Florida Commission on Offender Review. — 1385
(2) All powers, duties, and functions relating to the 1386
appointment of the Florida Commission on Offender Review as 1387
provided in s. 947.02 or s. 947.021 shall be exercised and 1388
performed by the Governor and Cabinet . Except as provided in s. 1389
947.021, each appointment shall be made from among the first 1390
three eligible persons on the list of the persons eligible for 1391
said position. 1392
Section 25. This act shall take effect July 1, 2025. 1393