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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to mental health and substance abuse; 2
amending s. 27.51, F.S.; providing exceptions to a 3
provision prohibiting the court from appointing the 4
public defender to represent certain persons who are 5
not indigent; amending s. 27.511, F.S.; revisi ng a 6
cross-reference; amending s. 394.455, F.S.; providing 7
and revising definitions; amending s. 394.4598, F.S.; 8
providing that the opinion of a qualified 9
professional, rather than that of a psychiatrist or 10
psychiatric nurse practicing within the framework of 11
an established protocol with a psychiatrist, may be 12
the basis for the court to grant a petition for the 13
appointment of a guardian advocate; deleting a 14
requirement that the court appoint the office of the 15
public defender to represent an indigent person for a 16
hearing on such petition; revising a cross -reference; 17
requiring a guardian advocate to meet and talk with 18
the patient and the patient's qualified professional, 19
rather than the patient's physician or psychiatric 20
nurse practicing within the framework o r an 21
established protocol with a psychiatrist, in person, 22
if at all possible, and by telephone, if not possible, 23
before giving consent to treatment; authorizing an 24
administrative law judge, rather than requiring a 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
hearing officer, to consider an involuntar ily placed 26
respondent's competence to consent to treatment at any 27
hearing; authorizing an administrative law judge, 28
rather than requiring a hearing officer, to recommend 29
restoring a respondent's competence upon sufficient 30
evidence; conforming a provision t o changes made by 31
the act; making technical changes; amending s. 32
394.4599, F.S.; providing that notice for matters 33
involving involuntary admissions may be sent by e -mail 34
instead of regular mail if the recipient's e -mail 35
address is known; making technical c hanges; amending 36
s. 394.4615, F.S.; authorizing a qualified 37
professional, rather than a physician or the patient's 38
psychiatric nurse, to restrict a patient's access to 39
his or her clinical records if the qualified 40
professional believes such access to the re cords is 41
harmful to the patient; revising the timeframe in 42
which the restriction of a patient's access to his or 43
her clinical records expires; revising the timeframe 44
for which the restriction of a patient's access to 45
clinical records may be renewed; amendi ng s. 394.4625, 46
F.S.; requiring the qualified professional who 47
assessed the patient, rather than the treating 48
physician or psychiatric nurse practicing within the 49
framework of an established protocol with a 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
psychiatrist, to document in the patient's clinic al 51
record that the patient is able to give express and 52
informed consent for admission; requiring that when a 53
voluntary patient, or an authorized person on the 54
patient's behalf, makes a request for discharge, the 55
request be communicated as quickly as possib le to a 56
qualified professional, rather than a physician, a 57
clinical psychologist with at least 3 years of 58
postdoctoral experience in the practice of clinical 59
psychology, or a psychiatrist; revising who may order 60
a patient held and emergency treatment rende red in the 61
least restrictive manner pending the filing of a 62
petition for involuntary placement; amending s. 63
394.463, F.S.; revising the criteria by which a person 64
may be taken to a receiving facility for an 65
involuntary examination; revising the means by wh ich 66
an involuntary examination may be initiated; requiring 67
a facility admitting certain persons for involuntary 68
examination to notify the Agency for Health Care 69
Administration of such admission; deleting a 70
requirement that certain reports be provided to th e 71
department and the Legislature; revising the evidence 72
by which certain criteria are met; revising who may 73
order emergency treatment under specified 74
circumstances; revising the actions a hospital must 75
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complete within a specified timeframe after the 76
attending physician documents that a patient's 77
condition has been stabilized or that an emergency 78
medical condition does not exist; providing the 79
timeframe in which the 72 -hour examination period 80
ceases or is extended; providing that the treating 81
facility is responsible for transporting a patient 82
back to the receiving facility upon discharge from the 83
hospital; making technical changes; conforming 84
provisions to changes made by the act; amending s. 85
394.4655, F.S.; authorizing the court to order a 86
respondent to receive involuntary outpatient services 87
for a specified period of time if certain criteria are 88
met; authorizing the court to order a respondent in a 89
receiving or treatment facility to receive outpatient 90
services upon the facility administrator's petition, 91
provided the court and parties receive certain notice 92
of such petition and certain conditions are met; 93
providing requirements for a service provider's 94
petition to be heard for involuntary services for a 95
respondent not in a receiving or treatment facility; 96
providing exceptions; requiring that a services plan 97
be entered into a respondent's clinical and court 98
files and be considered part of the court order; 99
defining the term "services plan"; requiring that a 100
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services plan identify the service provider that has 101
agreed to provide court -ordered outpatient services 102
under certain circumstances; requiring the service 103
provider to develop the services plan in consultation 104
with the respondent and certain other individuals; 105
requiring certain criteria to be included in the 106
services plan; requiring that a social worker, case 107
manager, or other specified individual support a 108
respondent during his or her treatment and inform the 109
court, state attorney, and respondent's counsel of any 110
failure by the respondent to comply with the tre atment 111
program; requiring the court to retain jurisdiction 112
over the case and its parties for further orders as 113
the circumstances may require; specifying the 114
jurisdiction the court possesses during the pendency 115
of the case; specifying the procedures by whic h the 116
court may extend, modify, or end outpatient services; 117
specifying that existing involuntary services orders 118
must remain in effect until a motion for continued 119
treatment is adjudicated; requiring that any extension 120
or modification for services be suppo rted by an 121
explanation from the service provider and an 122
individualized continued services plan that must be 123
developed in consultation with the respondent and his 124
or her attorney, guardian, guardian advocate, or legal 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
custodian, as deemed applicable and app ropriate; 126
requiring the court to evaluate the respondent's need 127
for a guardian advocate; authorizing the respondent to 128
agree to additional outpatient services without a 129
court hearing if a certain condition is met; requiring 130
the service provider to inform t he court and parties 131
of any such agreement; requiring the clerk of the 132
court to provide copies of any petition, motion, and 133
services plan to specified parties; specifying 134
requirements for the service provider to discharge a 135
respondent who has not been tran sferred to voluntary 136
status and no longer meets the criteria for 137
involuntary services and to send certain documentation 138
to specified parties upon discharge; authorizing a 139
criminal county court to order a respondent into 140
involuntary outpatient services unde r certain 141
circumstances; prohibiting the court from using 142
incarceration as a sanction for a respondent's 143
noncompliance with the services plan; authorizing the 144
court to order that a respondent be evaluated for 145
inpatient placement if certain conditions are m et; 146
specifying requirements for a treatment facility 147
administrator to petition to have a respondent placed 148
in involuntary outpatient services as part of a 149
discharge plan; requiring that such petition be filed 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
with the clerk of the court for the county in w hich 151
the respondent will reside, with notice provided to 152
specified parties; prohibiting a fee for filing such 153
petition; requiring the department to adopt specified 154
rules; deleting a definition; amending s. 394.467, 155
F.S.; providing the criteria by which a c ourt may 156
order a person into involuntary inpatient placement 157
for treatment; authorizing a person to be recommended 158
for involuntary inpatient placement, involuntary 159
outpatient services, or a combination of both, 160
provided such recommendation is supported by the 161
opinion of a psychiatrist and seconded by a qualified 162
professional, both of whom have examined the person 163
being recommended within specified timeframes; 164
providing that a second recommendation may be made by 165
a physician with specified postgraduate train ing and 166
experience, a clinical social worker, or a mental 167
health counselor if a psychiatrist or a qualified 168
professional is not available; providing that such 169
examinations may be completed by in -person or 170
electronic means if done in a face -to-face manner; 171
requiring that such recommendations be included in a 172
petition for involuntary outpatient services and 173
entered into the person's clinical record; authorizing 174
the examining facility to hold the person until the 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
court's final order; requiring a facility 176
administrator or service provider to file a petition 177
for involuntary services in the county in which the 178
respondent is located; requiring the court to accept 179
petitions and related documentation with electronic 180
signatures; providing criteria for such petitions; 181
requiring the clerk of the court to provide copies of 182
the petition and recommended services plan, if 183
applicable, to specified parties; prohibiting a fee 184
for filing such petition; providing that a respondent 185
has a right to counsel at every stage of a judici al 186
proceeding relating to involuntary treatment; 187
requiring the court to appoint the public defender to 188
represent the respondent within a specified timeframe 189
after the filing of such petition if the respondent is 190
not already represented by counsel; requirin g the 191
clerk of the court to immediately notify the public 192
defender of such appointment; providing the length of 193
such appointment; requiring that counsel for the 194
respondent be provided access to the respondent, 195
witnesses, and records relevant to the proceed ing; 196
requiring the attorney to represent the interests of 197
the respondent, regardless of the source of payment to 198
the attorney; authorizing the respondent to waive his 199
or her right to counsel if certain criteria are met; 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing that the respondent and th e state are each 201
entitled to at least one continuance if certain 202
criteria are met; providing timeframes for such 203
continuance; providing that the state's failure to 204
timely review readily available documents or attempt 205
to contact known witnesses does not war rant a 206
continuance; requiring that a hearing for a petition 207
for involuntary services be held within a specified 208
timeframe; requiring that the hearing be held in the 209
county or the facility where the respondent is 210
located, as deemed appropriate by the court; requiring 211
that the hearing be as convenient to the respondent as 212
is consistent with orderly procedure; requiring that 213
the hearing be conducted in a physical setting not 214
likely to be injurious to the respondent's condition; 215
authorizing the court to waive t he respondent's 216
attendance from all or any portion of the hearing if 217
certain conditions are met; requiring all testimony be 218
given under oath; requiring that the proceedings be 219
recorded; authorizing the respondent to refuse to 220
testify at the hearing; requir ing that the hearing be 221
held in person unless all parties agree otherwise; 222
authorizing the court to permit witnesses to testify 223
under oath remotely; requiring a witness testifying 224
remotely to provide the parties with all relevant 225
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documents on which he or s he is relying for such 226
testimony within a specified timeframe; requiring the 227
court to inform the respondent and the respondent's 228
guardian or representative of the right to an 229
independent expert examination by their own qualified 230
expert; requiring the court to ensure that such an 231
independent expert is provided to a respondent who 232
cannot afford one; requiring that the independent 233
expert's report is confidential and not discoverable 234
for the hearing, unless the expert is called as a 235
witness for the respondent; requiring the state 236
attorney to represent the state, rather than the 237
petitioning facility administrator or service 238
provider, as the real party in interest in the 239
proceeding; requiring the facility or service provider 240
to make the respondent's clinical recor ds available to 241
the state attorney before the hearing; prohibiting the 242
state attorney from using such records for matters 243
outside the scope of the petition and hearing; 244
authorizing the court to appoint a magistrate to 245
preside at the hearing on the petition and any 246
ancillary proceedings; requiring that at least one of 247
the professionals who executed the petition for 248
involuntary services testify at the hearing; requiring 249
the court to consider testimony and evidence from 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
specified individuals regarding the resp ondent's 251
competence to consent to treatment; requiring the 252
court to appoint a guardian advocate if it finds the 253
respondent is incompetent to consent to treatment; 254
requiring the court to make written findings to 255
support such appointment; requiring the court , upon a 256
finding that the respondent meets the criteria for 257
involuntary services, to order in writing that the 258
respondent receive involuntary inpatient placement or 259
outpatient services or some combination of both for up 260
to a specified timeframe; requiring the court to make 261
certain findings in its written order; authorizing the 262
court to order that the respondent be retained at a 263
receiving facility while awaiting transfer to a 264
treatment facility, or, if the respondent is at a 265
treatment facility, that the resp ondent be retained 266
there or be treated at another appropriate facility 267
involuntarily for a specified timeframe; prohibiting 268
the court from ordering that respondents who suffer 269
from certain developmental disabilities, traumatic 270
brain injuries, or dementia b e involuntarily placed in 271
a state treatment facility; authorizing the court to 272
order involuntary assessments if the respondent meets 273
the criteria for substance abuse services; authorizing 274
the court to have the respondent evaluated by the 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Agency for Persons with Disabilities if the respondent 276
has an intellectual disability or autism and 277
reasonably appears to meet commitment criteria for 278
developmental disabilities; requiring an administrator 279
of a petitioning facility or the designated 280
representative of the de partment to provide a copy of 281
the written order and adequate documentation of the 282
respondent's mental illness to the involuntary 283
outpatient services provider or inpatient services 284
provider under certain circumstances; requiring that 285
specified information b e included in such 286
documentation; authorizing a treatment facility 287
administrator to refuse admission to the respondent 288
ordered to a facility on an involuntary basis if the 289
court order for admission is not accompanied by 290
certain documentation; requiring the facility 291
administrator to file a petition for continued 292
involuntary services under certain circumstances; 293
requiring the court to appoint counsel for the 294
respondent for such petition; providing that hearings 295
on petitions for continued involuntary inpatient 296
placement at a treatment facility are administrative 297
hearings and must be conducted in a specified manner; 298
providing that any order entered by the administrative 299
law judge is final and subject to judicial review; 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing applicability; requiring a treat ment 301
facility administrator treating a respondent under 302
involuntary inpatient placement to file a petition for 303
continued involuntary inpatient placement before the 304
treatment period's expiration if certain conditions 305
are met; requiring the administrative la w judge to 306
hold a hearing as soon as practicable; specifying that 307
the existing commitment remains in effect until the 308
disposition of the petition; requiring that such 309
petition include certain documentation; providing 310
procedures for the hearing on continued involuntary 311
inpatient treatment; requiring the administrative law 312
judge to issue an order for continued involuntary 313
inpatient placement for up to 6 months if it is shown 314
that the respondent continues to meet the criteria for 315
involuntary inpatient placemen t; authorizing the 316
administrative law judge to consider certain testimony 317
and evidence regarding the respondent's competence or 318
incompetence to consent to treatment under certain 319
circumstances; authorizing the administrative law 320
judge to issue an order to the court that previously 321
found the respondent incompetent to consent to 322
treatment which recommends that the respondent's 323
competence be restored and the appointed guardian 324
advocate be discharged; requiring the treatment 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
facility administrator to petition t he administrative 326
law judge for continued involuntary inpatient 327
placement for specified respondents; providing 328
construction; authorizing the treatment facility 329
administrator to search for, and seek the assistance 330
of a law enforcement agency in finding, a p erson 331
receiving involuntary inpatient services who leaves 332
the facility without authorization; requiring that a 333
patient be discharged from involuntary inpatient 334
services if certain conditions are met; requiring a 335
service provider or facility to send a certi ficate of 336
discharge to specified parties; providing construction 337
and applicability; amending s. 394.468, F.S.; 338
requiring that certain discharge plans include 339
information on resources offered through the Agency 340
for Persons with Disabilities, the Department of 341
Elderly Affairs, and the Department of Veterans' 342
Affairs, when applicable, for patients being released 343
from a receiving facility or a treatment facility; 344
requiring that the plans include referral to other 345
specified resources, when appropriate; amending s. 346
394.4785, F.S.; providing that a person 14 years of 347
age or older being assessed for admission and 348
placement in an adult mental health facility may be 349
assessed by a qualified professional, rather than an 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
admitting physician or psychiatric nurse; amending s. 351
394.495, F.S.; providing that a qualified 352
professional, rather than a clinical psychologist, 353
clinical social worker, physician, psychiatric nurse, 354
or psychiatrist, may perform assessments for child and 355
adolescent mental health services; conforming 356
provisions to changes made by the act; amending s. 357
394.496, F.S.; requiring that a qualified 358
professional, rather than a clinical psychologist, 359
clinical social worker, physician, psychiatric nurse, 360
or psychiatrist, be included among the persons 361
developing services plans; amending s. 394.499, F.S.; 362
authorizing the legal guardian of a minor who is 363
eligible to receive specified services to provide 364
consent for certain voluntary admission; revising the 365
criteria for a person under 18 years of age to be 366
involuntarily admitted; making a technical change; 367
amending s. 394.676, F.S.; providing that a 368
psychiatrist, psychiatric nurse, or physician 369
assistant in psychiatry may determine substitutions of 370
medications for non-Medicaid-eligible indigent 371
individuals who are dischar ged from mental health 372
treatment facilities; amending s. 394.875, F.S.; 373
revising who may provide medication to patients at 374
crisis stabilization units; making technical changes; 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amending s. 397.311, F.S.; defining the terms "neglect 376
or refuse to care for hi mself or herself" and "real 377
and present threat of substantial harm"; amending s. 378
397.416, F.S.; conforming a cross -reference; amending 379
s. 397.501, F.S.; making a technical change; amending 380
s. 397.675, F.S.; revising the criteria certain 381
persons must meet to be eligible for involuntary 382
admission; making a technical change; amending s. 383
397.681, F.S.; revising a provision requiring that an 384
involuntary treatment petition for a substance abuse 385
impaired person be filed with a certain clerk of the 386
court; revising the proceedings over which a 387
magistrate appointed by the chief judge may preside in 388
involuntary treatment petitions; making a technical 389
change; requiring the state attorney in the circuit in 390
which the petition for involuntary treatment is filed 391
to represent the state as the real party in interest 392
in the proceeding; specifying that the petitioner has 393
a right to be heard at the hearing; requiring that the 394
state attorney have access to the respondent's 395
clinical records; prohibiting the state attorney from 396
using such records for purposes other than the 397
respondent's civil commitment; requiring that such 398
records remain confidential; making technical changes; 399
repealing s. 397.6818, F.S., relating to court 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
determinations; renumbering s. 397.68111, F.S., and 401
reviving and reenacting s. 397.693, F.S., relating to 402
involuntary treatment; renumbering s. 397.68112, F.S., 403
and reviving and reenacting s. 397.695, F.S., relating 404
to involuntary services; renumbering s. 397.68141, 405
F.S., and reviving, reenacting, and amending s. 406
397.6951, F.S.; providing the factual allegations 407
required to demonstrate the reasons for a petitioner's 408
belief that the respondent requires involuntary 409
services; providing that a petition may be accompanied 410
by a certificate or report by a qualified profess ional 411
who examined the respondent within a specified 412
timeframe before the petition's filing; requiring that 413
specified information be included in the qualified 414
professional's certificate or report; requiring that 415
it be noted in a petition if a respondent ha d not been 416
assessed before the petition's filing or if a 417
respondent refused to submit to an evaluation; 418
conforming a provision to changes made by the act; 419
renumbering s. 397.68151, F.S., and reviving, 420
reenacting, and amending s. 397.6955, F.S.; requiring 421
the clerk of the court to notify the state attorney's 422
office upon the filing of a petition for involuntary 423
services for a substance abuse impaired person; 424
requiring the court to appoint counsel for such person 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
based on information contained in the petition; 426
deleting a provision enabling the court to appoint a 427
magistrate to preside at the hearing on such petition; 428
authorizing the court to rely solely on the contents 429
of the petition to enter an ex parte order, without 430
the appointment of an attorney, for a resp ondent's 431
involuntary assessment under certain circumstances; 432
requiring that the petition be executed within a 433
certain timeframe; authorizing the court to order a 434
law enforcement officer or other designated agent of 435
the court to take specified actions; proh ibiting a 436
service provider from holding a respondent for 437
observation for longer than a specified timeframe; 438
providing exceptions; providing that an ex parte order 439
is void if not executed by the initial hearing date; 440
providing exceptions; authorizing the co urt to issue 441
or reissue an ex parte assessment and stabilization 442
order that is valid for a specified timeframe if 443
certain conditions are met; requiring the court to 444
continue the case for no more than a specified 445
timeframe under certain circumstances; autho rizing the 446
court to order a law enforcement officer or other 447
designated agent of the court to take specified 448
actions if the respondent's whereabouts are known by 449
the court; requiring the state to otherwise inform the 450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
court that the respondent has been asse ssed; 451
authorizing the court to schedule a hearing as soon as 452
practicable; requiring the court to dismiss the case 453
if the respondent has not been assessed within a 454
specified timeframe; amending s. 397.6957, F.S.; 455
revising the evidence that may be heard and reviewed 456
by the court in a hearing on a petition for 457
involuntary treatment services; requiring such hearing 458
to be held in person unless all parties agree 459
otherwise; authorizing the court to permit witnesses 460
to testify remotely for good cause; revising the 461
relevant documents to be provided to the parties by a 462
witness who testifies remotely; authorizing a 463
respondent to request, or the court to order, an 464
independent assessment if there is a possibility of 465
bias in an assessment attached to the petition for 466
involuntary treatment; deleting a requirement that the 467
respondent be informed by the court of the right to an 468
independent assessment; requiring the state, rather 469
than the petitioner, to inform the court that the 470
respondent has been assessed so that the court m ay 471
schedule a hearing as soon as practicable; providing 472
that involuntary assessments may be performed at 473
specified locations; making a technical change; 474
authorizing the court to order a law enforcement 475
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
officer or other designated agent of the court to take 476
the respondent into custody and transport him or her 477
to the treatment facility or the assessing service 478
provider; specifying that the state, rather than the 479
petitioner, has the burden of proof that certain 480
involuntary services are warranted; revising the 481
requirements for meeting the burden of proof; 482
authorizing the court to have the respondent evaluated 483
by the Agency for Persons with Disabilities if the 484
respondent has an intellectual disability or autism 485
and reasonably appears to meet specified commitment 486
criteria; amending s. 397.697, F.S.; deleting a 487
requirement that a respondent for involuntary 488
outpatient treatment appear likely to follow a 489
prescribed outpatient care plan; specifying that a 490
service provider's authority is separate and distinct 491
from the court's continuing jurisdiction; requiring 492
that the service provider be subject to the court's 493
oversight; providing construction; deleting a 494
requirement that the Louis de la Parte Florida Mental 495
Health Institute provide copies of certain reports to 496
the Department of Children and Families and the 497
Legislature; making technical changes; conforming 498
provisions to changes made by the act; amending s. 499
397.6971, F.S.; making a technical change; amending s. 500
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
397.6975, F.S.; providing that an existing involuntary 501
services order remains in effect until any continued 502
treatment order is complete; providing construction; 503
making technical changes; conforming provisions to 504
changes made by the act; amending s. 397.6977, F.S.; 505
revising the discharge planning and procedures for a 506
respondent's release from involuntary treatment 507
services; making a technical change; amending s. 508
394.9085, F.S.; conforming a cross -reference; amending 509
s. 397.6798, F.S.; conforming a provision to changes 510
made by the act; amending s. 790.065, F.S.; 511
authorizing the Department of Law Enforcement to 512
disclose certain data to local law enforcement; 513
conforming provisions to changes made by the act; 514
providing an effective date. 515
516
Be It Enacted by the Legislature of the State of Florida: 517
518
Section 1. Subsection (2) of section 27.51, Florida 519
Statutes, is amended to read: 520
27.51 Duties of public defender. — 521
(2) Except for involuntary admission or commitment cases 522
under chapter 393 or part I or part V of chapter 394, the court 523
may not appoint the public defen der to represent, even on a 524
temporary basis, any person who is not indigent. If a defendant 525
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has retained private counsel, the court may not appoint the 526
public defender to represent that defendant simultaneously on 527
the same case. The court, however, may app oint private counsel 528
in capital cases as provided in ss. 27.40 and 27.5303. 529
Section 2. Subsection (7) of section 27.511, Florida 530
Statutes, is amended to read: 531
27.511 Offices of criminal conflict and civil regional 532
counsel; legislative intent; qualifi cations; appointment; 533
duties.— 534
(7) The court may not appoint the office of criminal 535
conflict and civil regional counsel to represent, even on a 536
temporary basis, any person who is not indigent, except to the 537
extent that appointment of counsel is specifica lly provided for 538
in chapters 390, 397 394, 415, 743, and 744 without regard to 539
the indigent status of the person entitled to representation. If 540
a defendant has retained private counsel, the court may not 541
appoint the office of criminal conflict and civil re gional 542
counsel to represent that defendant simultaneously on the same 543
case. 544
Section 3. Present subsections (24) through (31), (32) 545
through (39), and (40) through (50) of section 394.455, Florida 546
Statutes, are redesignated as subsections (26) through (3 3), 547
(35) through (42), and (44) through (54), respectively, new 548
subsections (24), (25), (34), and (43) are added to that 549
section, and present subsections (23), (24), (34), and (39) of 550
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that section are amended, to read: 551
394.455 Definitions. —As used in this part, the term: 552
(23) "Involuntary examination" means the process of 553
gathering and analyzing patient -specific information through 554
various assessments an examination performed under s. 394.463, 555
s. 397.6772, s. 397.679, s. 397.6798, or s. 397.6957 to 556
determine whether a person qualifies for involuntary services. 557
(24) "Involuntary inpatient placement" means placement in 558
a secure receiving or treatment facility providing stabilization 559
and treatment services to a person who does not voluntarily 560
consent, or to a minor who does not voluntarily assent, to or 561
participate in services under this chapter. 562
(25) "Involuntary outpatient services" means services 563
provided in the community to a person who does not voluntarily 564
consent, or to a minor who does not voluntar ily assent, to or 565
participate in services under this chapter. 566
(26)(24) "Involuntary services" means court -ordered 567
outpatient services or inpatient placement for mental health 568
treatment pursuant to s. 394.4655 or s. 394.467 . The term 569
includes involuntary inpatient placement and involuntary 570
outpatient services. 571
(34) "Neglect or refuse to care for himself or herself" 572
includes, but is not limited to, evidence that a person: 573
(a) Is, for a reason other than indigence, unable to 574
satisfy basic needs for nourishment, clothing, medical care, 575
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shelter, or safety, thereby creating a substantial probability 576
of imminent death, serious physical debilitation, or disease; or 577
(b) Is substantially unable to make an informed treatment 578
choice, after an explanation of the advantages and disadvantages 579
of, and alternatives to, treatment, and needs care or treatment 580
to prevent relapse or deterioration. However, none of the 581
following constitutes a refusal to accept treatment: 582
1. A willingness to take medication appropriate for the 583
person's condition, but a reasonable disagreement about 584
medication type or dosage; 585
2. A good faith effort to follow a reasonable services 586
plan; 587
3. An inability to obtain access to appropriate treatment 588
because of inadequate health care coverage or an insurer's 589
refusal or delay in providing coverage for treatment; or 590
4. An inability to obtain access to needed services 591
because the provider has no available treatment beds or 592
qualified professionals, the provider will only accept patients 593
who are under court order, or the provider gives persons under 594
court order priority over voluntary patients in obtaining 595
treatment and services. 596
(37)(34) "Physician assistant in psychiatry" means a 597
person licensed under chapter 458 or chapter 459 who holds a 598
psychiatry certificate has experience in the diagnosis and 599
treatment of mental disorders . 600
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(42)(39) "Qualified professional" means a physician or a 601
psychiatrist physician assistant licensed under chapter 458 or 602
chapter 459; a physician assistant in psychiatry as defined in 603
subsection (37) psychiatrist licensed under chapter 458 or 604
chapter 459; a psychologist as defined in s. 490.003(7); a 605
clinical psychologist as defined in subse ction (5); or a 606
psychiatric nurse as defined in subsection (39) this section. A 607
physician assistant in psychiatry or psychiatric nurse may only 608
serve as a qualified professional pursuant to an established 609
protocol with a psychiatrist or as authorized by ss . 458.347, 610
458.348, and 464.012. 611
(43) "Real and present threat of substantial harm" means 612
evidence of a substantial probability that, in view of his or 613
her treatment history and current behavior, an untreated person 614
will: 615
(a) Lack, refuse, or not receive services for health and 616
safety which are available in the community and would, based on 617
a clinical determination, be unable to survive without 618
supervision; or 619
(b) Suffer severe mental, emotional, or physical harm that 620
will result in the loss of h is or her ability to function in the 621
community or in the loss of cognitive or volitional control over 622
thoughts or actions. 623
Section 4. Subsections (1), (3), and (8) of section 624
394.4598, Florida Statutes, are amended to read: 625
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394.4598 Guardian advocate .— 626
(1) The administrator may petition the court for the 627
appointment of a guardian advocate based upon the opinion of a 628
qualified professional psychiatrist or psychiatric nurse 629
practicing within the framework of an established protocol with 630
a psychiatrist that the patient is incompetent to consent to 631
treatment. If the court finds that a patient is incompetent to 632
consent to treatment and has not been adjudicated incapacitated 633
and had a guardian with the authority to consent to mental 634
health treatment appoin ted, the court must appoint a guardian 635
advocate. The patient has the right to have an attorney 636
represent him or her at the hearing. If the person is indigent, 637
the court must appoint the office of the public defender to 638
represent him or her at the hearing. The patient has the right 639
to testify, cross-examine witnesses, and present witnesses. The 640
proceeding must be recorded, either electronically or 641
stenographically, and testimony must be provided under oath. One 642
of the professionals authorized to give an opin ion in support of 643
a petition for involuntary services placement, as described in 644
s. 394.4655 or s. 394.467, must testify. A guardian advocate 645
must meet the qualifications of a guardian contained in part IV 646
of chapter 744, except that a professional referre d to in this 647
part, an employee of the facility providing direct services to 648
the patient under this part, a departmental employee, a facility 649
administrator, or member of the Florida local advocacy council 650
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may not be appointed. A person appointed as a guardi an advocate 651
must agree to the appointment. 652
(3) A facility requesting appointment of a guardian 653
advocate must, before the appointment, provide the prospective 654
guardian advocate with information about the duties and 655
responsibilities of guardian advocates, including the 656
information about the ethics of medical decisionmaking. Before 657
asking a guardian advocate to give consent to treatment for a 658
patient, the facility shall provide to the guardian advocate 659
sufficient information so that the guardian advocate can decide 660
whether to give express and informed consent to the treatment, 661
including information that the treatment is essential to the 662
care of the patient, and that the treatment does not present an 663
unreasonable risk of serious, hazardous, or irreversible sid e 664
effects. Before giving consent to treatment, the guardian 665
advocate must meet and talk with the patient and the patient's 666
qualified professional physician or psychiatric nurse practicing 667
within the framework of an established protocol with a 668
psychiatrist in person, if at all possible, and by telephone, if 669
not. The decision of the guardian advocate may be reviewed by 670
the court, upon petition of the patient's attorney, the 671
patient's family, or the facility administrator. 672
(8) The guardian advocate must shall be discharged when 673
the respondent patient is discharged from an order for 674
involuntary services, which includes an order under s. 675
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394.467(7), outpatient placement or involuntary inpatient 676
placement or when the respondent patient is transferred from 677
involuntary to voluntary status. The court or an administrative 678
law judge a hearing officer shall consider the competence of the 679
patient pursuant to subsection (1) and may consider an 680
involuntarily placed respondent's patient's competence to 681
consent to treatment at any hearing. Upon sufficient evidence, 682
the court may restore, or the administrative law judge hearing 683
officer may recommend that the court restore, the respondent's 684
patient's competence. A copy of the order restoring competence 685
or the certificate of di scharge containing the restoration of 686
competence shall be provided to the respondent patient and the 687
guardian advocate. 688
Section 5. Paragraph (a) of subsection (2) of section 689
394.4599, Florida Statutes, is amended, and paragraphs (b) and 690
(c) of that section are republished, to read: 691
394.4599 Notice.— 692
(2) INVOLUNTARY ADMISSION. — 693
(a) Whenever notice is required to be given under this 694
part, such notice must shall be given to the individual and the 695
individual's guardian, guardian advocate, health care surrogate 696
or proxy, attorney, and representative. The notice may be sent 697
by e-mail instead of regular mail if the recipient's e -mail 698
address is known. 699
1. When notice is required to be given to an individual, 700
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it must shall be given both orally and in writ ing, in the 701
language and terminology that the individual can understand, 702
and, if needed, the facility shall provide an interpreter for 703
the individual. 704
2. Notice to an individual's guardian, guardian advocate, 705
health care surrogate or proxy, attorney, and representative 706
must shall be given by mail with the date, time, and method of 707
notice delivery documented in the clinical record. Hand delivery 708
by a facility employee may be used as an alternative, with the 709
date and time of delivery documented in the clini cal record. If 710
notice is given by a state attorney or an attorney for the 711
department, a certificate of service is sufficient to document 712
service. 713
(b) A receiving facility shall give prompt notice of the 714
whereabouts of an individual who is being involunta rily held for 715
examination to the individual's guardian, guardian advocate, 716
health care surrogate or proxy, attorney or representative, or 717
other emergency contact identified through electronic databases 718
pursuant to s. 394.463(2)(a), by telephone or in perso n within 719
24 hours after the individual's arrival at the facility. Contact 720
attempts shall be documented in the individual's clinical record 721
and shall begin as soon as reasonably possible after the 722
individual's arrival. 723
(c)1. A receiving facility shall giv e notice of the 724
whereabouts of a minor who is being involuntarily held for 725
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examination pursuant to s. 394.463 to the minor's parent, 726
guardian, caregiver, or guardian advocate, in person or by 727
telephone or other form of electronic communication, immediately 728
after the minor's arrival at the facility. The facility may 729
delay notification for no more than 24 hours after the minor's 730
arrival if the facility has submitted a report to the central 731
abuse hotline, pursuant to s. 39.201, based upon knowledge or 732
suspicion of abuse, abandonment, or neglect and if the facility 733
deems a delay in notification to be in the minor's best 734
interest. 735
2. The receiving facility shall attempt to notify the 736
minor's parent, guardian, caregiver, or guardian advocate until 737
the receiving facility receives confirmation from the parent, 738
guardian, caregiver, or guardian advocate, verbally, by 739
telephone or other form of electronic communication, or by 740
recorded message, that notification has been received. Attempts 741
to notify the parent, guardia n, caregiver, or guardian advocate 742
must be repeated at least once every hour during the first 12 743
hours after the minor's arrival and once every 24 hours 744
thereafter and must continue until such confirmation is 745
received, unless the minor is released at the e nd of the 72-hour 746
examination period, or until a petition for involuntary services 747
is filed with the court pursuant to s. 394.463(2)(g). The 748
receiving facility may seek assistance from a law enforcement 749
agency to notify the minor's parent, guardian, caregi ver, or 750
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guardian advocate if the facility has not received within the 751
first 24 hours after the minor's arrival a confirmation by the 752
parent, guardian, caregiver, or guardian advocate that 753
notification has been received. The receiving facility must 754
document notification attempts in the minor's clinical record. 755
Section 6. Subsection (11) of section 394.4615, Florida 756
Statutes, is amended to read: 757
394.4615 Clinical records; confidentiality. — 758
(11) Patients must have reasonable access to their 759
clinical records, unless such access is determined by the 760
patient's qualified professional physician or the patient's 761
psychiatric nurse to be harmful to the patient. If the patient's 762
right to inspect his or her clinical record is restricted by the 763
facility, written notice of such restriction must be given to 764
the patient and the patient's guardian, guardian advocate, 765
attorney, and representative. In addition, the restriction must 766
be recorded in the clinical record, together with the reasons 767
for it. The restriction of a patient's right to inspect his or 768
her clinical record expires after 3 7 days but may be renewed, 769
after review, for subsequent 3-day 7-day periods. 770
Section 7. Paragraph (f) of subsection (1) and subsection 771
(5) of section 394.4625, Florida Statutes, are amended to read: 772
394.4625 Voluntary admissions. — 773
(1) AUTHORITY TO RECEIVE PATIENTS. — 774
(f) Within 24 hours after admission of a voluntary 775
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patient, the qualified professional who assessed the patient 776
treating physician or psychiatric nurse practicing w ithin the 777
framework of an established protocol with a psychiatrist shall 778
document in the patient's clinical record that the patient is 779
able to give express and informed consent for admission. If the 780
patient is not able to give express and informed consent for 781
admission, the facility must either discharge the patient or 782
transfer the patient to involuntary status pursuant to 783
subsection (5). 784
(5) TRANSFER TO INVOLUNTARY STATUS. —When a voluntary 785
patient, or an authorized person on the patient's behalf, makes 786
a request for discharge, the request for discharge, unless 787
freely and voluntarily rescinded, must be communicated to a 788
qualified professional physician, a clinical psychologist with 789
at least 3 years of postdoctoral experience in the practice of 790
clinical psychology, or a psychiatrist as quickly as possible, 791
but not later than 12 hours after the request is made. If the 792
patient meets the criteria for involuntary placement, the 793
administrator of the facility must file with the court a 794
petition for involuntary pla cement, within 2 court working days 795
after the request for discharge is made. If the petition is not 796
filed within 2 court working days, the patient must be 797
discharged. Pending the filing of the petition, the patient may 798
be held and emergency treatment rende red in the least 799
restrictive manner, upon the order of a physician , a 800
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psychiatrist, or a psychiatric nurse practicing within the 801
framework of an established protocol with a psychiatrist , or a 802
physician assistant in psychiatry, if it is determined that such 803
treatment is necessary for the safety of the patient or others. 804
Section 8. Subsection (1), paragraphs (a), (b), and (e) 805
through (i) of subsection (2), and subsection (3) of section 806
394.463, Florida Statutes, are amended to read: 807
394.463 Involuntary examination.— 808
(1) CRITERIA.—A person may be taken to a receiving 809
facility for involuntary examination if there is reason to 810
believe that the person has a mental illness and because of his 811
or her mental illness: 812
(a)1. The person has refused voluntary ex amination after 813
conscientious explanation and disclosure of the examination's 814
purpose of the examination; or 815
2. The person is unable to determine for himself or 816
herself whether examination is necessary; and 817
(b)1. Without care or treatment, the person i s likely to 818
suffer from neglect or refuse to care for himself or herself; 819
such neglect or refusal poses a real and present threat of 820
substantial harm to his or her well -being; and it is not 821
apparent that such harm may be avoided through the help of 822
willing, able, and responsible family members or friends or the 823
provision of other services; or 824
2. There is a substantial likelihood that in the near 825
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future and without care or treatment the person will inflict 826
cause serious bodily harm to self himself or herself or others 827
in the near future, as evidenced by recent behavior causing, 828
attempting, or threatening such harm . 829
(2) INVOLUNTARY EXAMINATION. — 830
(a) An involuntary examination may be initiated by any one 831
of the following means: 832
1. A circuit or county co urt may enter an ex parte order 833
stating that a person appears to meet the criteria for 834
involuntary examination and specifying the findings on which 835
that conclusion is based. The ex parte order for involuntary 836
examination must be based on written or oral sw orn testimony 837
that includes specific facts that support the findings. If other 838
less restrictive means are not available, such as voluntary 839
appearance for outpatient evaluation, a law enforcement officer, 840
or other designated agent of the court, shall take t he person 841
into custody and deliver him or her to an appropriate, or the 842
nearest, facility within the designated receiving system 843
pursuant to s. 394.462 for involuntary examination. The order of 844
the court shall be made a part of the patient's clinical recor d. 845
A fee may not be charged for the filing of an order under this 846
subsection. A facility accepting the patient based on this order 847
must send a copy of the order to the department within 5 working 848
days. The order may be submitted electronically through exis ting 849
data systems, if available. The order shall be valid only until 850
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the person is delivered to the facility or for the period 851
specified in the order itself, whichever comes first. If a time 852
limit is not specified in the order, the order is valid for 7 853
days after the date that the order was signed. 854
2. A law enforcement officer may take a person who appears 855
to meet the criteria for involuntary examination into custody 856
and deliver the person or have him or her delivered to an 857
appropriate, or the nearest, fa cility within the designated 858
receiving system pursuant to s. 394.462 for examination. A law 859
enforcement officer transporting a person pursuant to this 860
section shall restrain the person in the least restrictive 861
manner available and appropriate under the cir cumstances. If 862
transporting a minor and the parent or legal guardian of the 863
minor is present, before departing, the law enforcement officer 864
shall provide the parent or legal guardian of the minor with the 865
name, address, and contact information for the faci lity within 866
the designated receiving system to which the law enforcement 867
officer is transporting the minor, subject to any safety and 868
welfare concerns for the minor. The officer shall execute a 869
written report detailing the circumstances under which the 870
person was taken into custody, which must be made a part of the 871
patient's clinical record. The report must include all emergency 872
contact information for the person that is readily accessible to 873
the law enforcement officer, including information available 874
through electronic databases maintained by the Department of Law 875
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Enforcement or by the Department of Highway Safety and Motor 876
Vehicles. Such emergency contact information may be used by a 877
receiving facility only for the purpose of informing listed 878
emergency contacts of a patient's whereabouts pursuant to s. 879
119.0712(2)(d). Any facility accepting the patient based on this 880
report must send a copy of the report to the department within 5 881
working days. 882
3. A physician, a physician assistant, a clinical 883
psychologist, a psychiatric nurse, an advanced practice 884
registered nurse licensed under s. 464.012 registered under s. 885
464.0123, a mental health counselor, a marriage and family 886
therapist, or a clinical social worker may execute a certificate 887
stating that he or she h as examined a person within the 888
preceding 48 hours and finds that the person appears to meet the 889
criteria for involuntary examination and stating the 890
observations upon which that conclusion is based. If other less 891
restrictive means, such as voluntary appea rance for outpatient 892
evaluation, are not available, a law enforcement officer shall 893
take into custody the person named in the certificate and 894
deliver him or her to the appropriate, or nearest, facility 895
within the designated receiving system pursuant to s. 394.462 896
for involuntary examination. The law enforcement officer shall 897
execute a written report detailing the circumstances under which 898
the person was taken into custody and include all emergency 899
contact information required under subparagraph 2. Such 900
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emergency contact information may be used by a receiving 901
facility only for the purpose of informing listed emergency 902
contacts of a patient's whereabouts pursuant to s. 903
119.0712(2)(d). The report and certificate shall be made a part 904
of the patient's clinical re cord. Any facility accepting the 905
patient based on this certificate must electronically send a 906
copy of the certificate to the department within 5 working days. 907
The document may be submitted electronically through existing 908
data systems, if applicable. 909
910
When sending the order, report, or certificate to the 911
department, a facility shall, at a minimum, provide information 912
about which action was taken regarding the patient under 913
paragraph (g), which information shall also be made a part of 914
the patient's clinical r ecord. 915
(b) A person may not be removed from any program or 916
residential placement licensed under chapter 400 or chapter 429 917
and transported to a receiving facility for involuntary 918
examination unless an ex parte order, a professional 919
certificate, or a law enforcement officer's report is first 920
prepared. If the condition of the person is such that 921
preparation of an ex parte order, a professional certificate, or 922
a law enforcement officer's report is not practicable before 923
removal, the report shall be completed as soon as possible after 924
removal, but in any case before the person is transported to a 925
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receiving facility. A facility admitting a person for 926
involuntary examination who is not accompanied by the required 927
ex parte order, professional certificate, or law enforcement 928
officer's report shall notify the department and the Agency for 929
Health Care Administration of such admission by certified mail 930
or by e-mail, if available, by the next working day. The 931
provisions of this paragraph do not apply when transportatio n is 932
provided by the patient's family or guardian. 933
(e) The department shall receive and maintain the copies 934
of ex parte orders, involuntary services orders issued pursuant 935
to ss. 394.4655 and 394.467, professional certificates, law 936
enforcement officers' reports, and reports relating to the 937
transportation of patients. These documents shall be considered 938
part of the clinical record, governed by the provisions of s. 939
394.4615. These documents shall be provided to the Louis de la 940
Parte Florida Mental Health In stitute established under s. 941
1004.44 by the department and used by the institute to prepare 942
annual reports analyzing the data obtained from these documents, 943
without including the personal identifying information of the 944
patient. The information in the repor ts may include, but need 945
not be limited to, a state level analysis of involuntary 946
examinations, including a description of demographic 947
characteristics of individuals and the geographic locations of 948
involuntary examinations; counts of the number of involunt ary 949
examinations at each receiving facility; and reporting and 950
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analysis of trends for involuntary examinations within this the 951
state. The report must shall also include counts of and provide 952
demographic, geographic, and other relevant information about 953
individuals with a developmental disability, as defined in s. 954
393.063, or a traumatic brain injury or dementia who were taken 955
to a receiving facility for involuntary examination pursuant to 956
this section and determined not to have a co -occurring mental 957
illness. The institute shall post the reports on its website and 958
provide copies of such reports to the department, the President 959
of the Senate, the Speaker of the House of Representatives, and 960
the minority leaders of the Senate and the House of 961
Representatives by December 31 November 30 of each year. 962
(f) A patient must be examined by a qualified professional 963
physician or a clinical psychologist, or by a psychiatric nurse 964
performing within the framework of an established protocol with 965
a psychiatrist at the a facility without unnecessary delay to 966
determine whether if the criteria for involuntary services are 967
met. Such examination must shall include, but is not be limited 968
to, consideration of the patient's treatment history at the 969
facility and any information r egarding the patient's condition 970
and behavior provided by knowledgeable individuals. Evidence 971
that criteria under subparagraph (1)(b)1. are met may include, 972
but need not be limited to, three or more admissions into a 973
facility within the last 12 months, and a facility's provision 974
of a patient's basic needs may not be interpreted as the person 975
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no longer being at risk of self -neglect repeated admittance for 976
involuntary examination despite implementation of appropriate 977
discharge plans. For purposes of this para graph, the term 978
"repeated admittance" means three or more admissions into the 979
facility within the immediately preceding 12 months. An 980
individual's basic needs being served while admitted to the 981
facility may not be considered evidence that criteria under 982
subparagraph (1)(b)1. are met . Emergency treatment may be 983
provided upon the order of a physician , or a psychiatric nurse, 984
or a physician assistant in psychiatry practicing within the 985
framework of an established protocol with a psychiatrist if he 986
or she the physician or psychiatric nurse determines that such 987
treatment is necessary for the safety of the patient or others. 988
The patient may not be released by the receiving facility or its 989
contractor without the documented approval of a psychiatrist , or 990
a clinical psychologist, a physician assistant, with at least 3 991
years of clinical experience or, if the receiving facility is 992
owned or operated by a hospital, health system, or nationally 993
accredited community mental health center, the release may also 994
be approved by a psychiatric nurse performing within the 995
framework of an established protocol with a psychiatrist , or an 996
attending emergency department physician with experience in the 997
diagnosis and treatment of mental illness after completion of an 998
involuntary examinati on pursuant to this subsection. A 999
psychiatric nurse may not approve the release of a patient if 1000
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the involuntary examination was initiated by a psychiatrist 1001
unless the release is approved by the initiating psychiatrist. 1002
The release may be approved through t elehealth. 1003
(g) Unless the provisions of paragraphs (h) through (i) 1004
apply, the examination period may not exceed must be for up to 1005
72 hours and begins when a patient arrives at the receiving 1006
facility. For a minor, the examination must shall be initiated 1007
within 12 hours after the patient's arrival at the facility. 1008
Within the examination period, one of the following actions must 1009
be taken, based on the individual needs of the patient: 1010
1. The patient must shall be released, unless he or she is 1011
charged with a crime, in which case the patient must shall be 1012
returned to the custody of a law enforcement officer; 1013
2. The patient must shall be released, subject to 1014
subparagraph 1., for voluntary outpatient treatment; 1015
3. The patient, unless he or she is charged wit h a crime, 1016
must shall be asked to give express and informed consent to 1017
placement as a voluntary patient and, if such consent is given, 1018
the patient must shall be admitted as a voluntary patient; or 1019
4. A petition for involuntary services must shall be filed 1020
in the circuit court or with the criminal county court, as 1021
applicable. When inpatient treatment is deemed necessary, the 1022
least restrictive treatment consistent with the optimum 1023
improvement of the patient's condition shall be made available. 1024
The petition must shall be filed by the facility administrator 1025
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one of the petitioners specified in s. 394.467 , and the court 1026
shall dismiss an untimely filed petition. If a patient's 72 -hour 1027
examination period ends on a weekend or holiday, including the 1028
hours before the ordinary business hours on the morning of the 1029
next working day, and the receiving facility: 1030
a. Intends to file a petition for involuntary services, 1031
such patient may be held at the facility through the next 1032
working day thereafter and the petition must be filed no later 1033
than such date. If the facility fails to file the petition by 1034
the ordinary close of business on the next working day, the 1035
patient must shall be released from the receiving facility 1036
following approval pursuant to paragraph (f). 1037
b. Does not intend to file a petition for involuntary 1038
services, the receiving facility may postpone release of a 1039
patient until the next working day thereafter only if a 1040
qualified professional documents that adequate discharge 1041
planning and procedures in accordance wit h s. 394.468, and 1042
approval pursuant to paragraph (f), are not possible until the 1043
next working day. 1044
(h) When a person for whom an involuntary examination has 1045
been initiated who is transported to being evaluated or treated 1046
at a hospital for an emergency medical services before being 1047
transported to a receiving facility, the hospital must complete 1048
one of the following within 12 hours after the attending 1049
physician documents that the patient's condition has been 1050
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stabilized or that an emergency medi cal condition does not 1051
exist: condition specified in s. 395.002 must be examined by a 1052
facility within the examination period specified in paragraph 1053
(g). The examination period begins when the patient arrives at 1054
the hospital and ceases when the attending ph ysician documents 1055
that the patient has an emergency medical condition. 1056
1. If The patient is examined at the a hospital providing 1057
emergency medical services by a professional qualified to 1058
perform an involuntary examination . If the patient and is found 1059
as a result of that examination not to meet the criteria for 1060
involuntary services pursuant to s. 394.4655 or s. 394.467, the 1061
patient may be offered voluntary outpatient or inpatient 1062
services, as if appropriate, or released directly from the 1063
hospital providing emergency medical services. The finding by 1064
the professional that the patient has been examined and does not 1065
meet the criteria for involuntary services must be entered into 1066
the patient's clinical record. 1067
2. The patient is transferred to a receiving facil ity in 1068
which appropriate medical treatment is available and the patient 1069
has been accepted. The receiving facility must be notified of 1070
the transfer within 2 hours after the patient's condition has 1071
been stabilized or after determination that an emergency med ical 1072
condition does not exist. 1073
1074
This paragraph does is not intended to prevent a hospital 1075
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providing emergency medical services from appropriately 1076
transferring a patient to another hospital before stabilization 1077
if the requirements of s. 395.1041(3)(c) have been met. 1078
(i) If a patient undergoing an involuntary examination is 1079
transported to a hospital from a receiving facility for an 1080
emergency medical condition as defined in s. 395.002, the 72 -1081
hour examination period ceases when the attending physician 1082
documents that the patient has an emergency medical condition 1083
and continues when the attending physician documents that the 1084
patient's condition has been stabilized or after determination 1085
that an emergency medical condition does not exist and the 1086
attending physician discharges the patient. The treating 1087
facility is responsible for transporting the patient back to the 1088
receiving facility upon discharge from the hospital One of the 1089
following must occur within 12 hours after the patient's 1090
attending physician documents that the patient's medical 1091
condition has stabilized or that an emergency medical condition 1092
does not exist: 1093
1. The patient must be examined by a facility and 1094
released; or 1095
2. The patient must be transferred to a designated 1096
facility in which appropriate m edical treatment is available. 1097
However, the facility must be notified of the transfer within 2 1098
hours after the patient's condition has been stabilized or after 1099
determination that an emergency medical condition does not 1100
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exist. 1101
(3) NOTICE OF RELEASE. —Notice of the release must shall be 1102
given to the patient's guardian or representative, to any person 1103
who executed a certificate admitting the patient to the 1104
receiving facility, and to any court which ordered the patient's 1105
evaluation. The receiving facility must provide If the patient 1106
is a minor, information regarding the availability of a local 1107
mobile response service, suicide prevention resources, social 1108
supports, and local self -help groups must also be provided to 1109
the patient's guardian or representative along with the notice 1110
of the release. 1111
Section 9. Section 394.4655, Florida Statutes, is amended 1112
to read: 1113
394.4655 Orders to Involuntary outpatient services 1114
placement.— 1115
(1)(a) The court may order a respondent to receive 1116
involuntary outpatient services fo r up to 6 months if it is 1117
established that he or she meets the criteria in s. 394.467 and: 1118
1. The respondent has a history of noncompliance with 1119
treatment for mental illness, including, but not limited to, 1120
having been jailed or incarcerated, having been involuntarily 1121
admitted to a receiving or treatment facility as those terms are 1122
defined in s. 394.455, or having received mental health services 1123
in a forensic or correctional facility at least twice during the 1124
previous 36 months; 1125
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2. The outpatient service s are provided and available in 1126
the county in which the respondent resides or, if being placed 1127
by a state treatment facility, will reside; and 1128
3. The respondent's treating qualified professional 1129
believes, within a reasonable degree of medical probability , 1130
that the respondent: 1131
a. Can be appropriately treated on an outpatient basis; 1132
b. Can follow, and will benefit from, the prescribed 1133
services plan; and 1134
c. Needs outpatient services in order to prevent relapse 1135
or deterioration. 1136
(b)1. If the responden t is in a receiving or treatment 1137
facility, the court may order the respondent to receive 1138
outpatient services during his or her hearing under s. 1139
394.467(6) or, upon the facility administrator's petition, at a 1140
subsequent proceeding before the respondent's an ticipated 1141
discharge from inpatient placement so long as the court and 1142
parties receive at least 1 week's notice that the facility 1143
believes that the requirements of paragraph (a) are satisfied. 1144
2. If a service provider is petitioning for involuntary 1145
outpatient services, and the respondent is not in a receiving or 1146
treatment facility, the petition must be heard and processed in 1147
accordance with s. 394.467, subject to the following exceptions: 1148
a. Unless a continuance is granted, the petition must be 1149
heard no later than 10 court working days after its filing; 1150
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b. The service provider must provide a copy of the 1151
respondent's clinical records, examination report recommending 1152
outpatient services, and services plan as defined in paragraph 1153
(c) to the court, the stat e attorney, and the respondent's 1154
counsel; and 1155
c. The court may continue the case if there is no proof 1156
that the respondent has been served. 1157
(c) The services plan shall be entered into the 1158
respondent's clinical and court files and shall be considered 1159
part of the court order. For purposes of this section, "services 1160
plan" means an individualized, written plan detailing the 1161
recommended behavioral health services and supports, based on a 1162
thorough assessment of the respondent's needs, to safeguard and 1163
enhance the respondent's health and well -being in the community. 1164
The plan must identify the service provider that has agreed to 1165
provide the court-ordered outpatient services, unless the 1166
respondent is otherwise participating in outpatient psychiatric 1167
treatment and is not in need of public financing for that 1168
treatment, in which case the individual, if eligible, may be 1169
ordered into treatment pursuant to this existing relationship. 1170
(d) The service provider must develop the services plan in 1171
consultation with the respo ndent and his or her treating 1172
qualified professional, attorney, guardian, guardian advocate, 1173
or legal custodian, as applicable and appropriate. The plan 1174
must, at a minimum, address the nature and extent of the 1175
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respondent's mental illness, any co -occurring issues such as 1176
substance use disorders, and the level of care, including 1177
medications and anticipated criteria to be discharged from 1178
outpatient services. 1179
(e) For the duration of his or her treatment, the 1180
respondent must be supported by a social worker or a case 1181
manager of the service provider, or a willing, able, and 1182
responsible individual appointed by the court who shall inform 1183
the court, state attorney, and respondent's counsel of any 1184
failure by the respondent to comply with the outpatient program. 1185
(2)(a) The court shall retain jurisdiction over the case 1186
and its parties for the entry of further orders after a hearing 1187
as the circumstances may require. Such jurisdiction includes, 1188
but is not limited to, ordering inpatient treatment to stabilize 1189
a respondent who decompensates while under court -ordered 1190
outpatient treatment and meets the commitment criteria in s. 1191
394.467, and orders extending, modifying, or ending outpatient 1192
services. For the court to extend, modify, or end outpatient 1193
services, the appropriate motion must be filed with the court 1194
before the order expires, and the court must schedule a hearing 1195
no later than 15 court working days after the motion's filing to 1196
determine whether the respondent still meets commitment criteria 1197
and to assess the appropr iateness of any treatment modification. 1198
The existing involuntary services order must remain in effect 1199
until any motion for continued treatment is adjudicated, and, at 1200
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a minimum, any extension or modification motion must be 1201
supported by an explanation from the service provider and an 1202
individualized continued services plan that, as applicable and 1203
appropriate, must be developed in consultation with the 1204
respondent and his or her attorney, guardian, guardian advocate, 1205
or legal custodian. At the hearing, the cour t shall also 1206
evaluate the respondent's need for a guardian advocate pursuant 1207
to s. 394.4598. This paragraph does not prohibit the respondent 1208
from agreeing to additional outpatient services without a court 1209
hearing, but the service provider must inform the c ourt and 1210
parties of any such agreement. 1211
(b) The clerk of the court must provide copies of any 1212
petition, motion, or services plan to the department, the 1213
managing entity, the state attorney, the respondent's counsel, 1214
and, as applicable, the respondent's gu ardian, guardian 1215
advocate, or legal custodian. 1216
(c) Unless the respondent has been transferred to 1217
voluntary status, the service provider must discharge the 1218
respondent at any time he or she no longer meets the criteria 1219
for involuntary services, and upon di scharge, the provider must 1220
send a certificate of discharge to the court, the state 1221
attorney, the respondent's counsel, and, as applicable, the 1222
respondent's guardian, guardian advocate, or legal custodian. 1223
(3)(a) A criminal county court exercising its original 1224
jurisdiction in a misdemeanor case under s. 34.01 may order a 1225
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respondent who meets the commitment criteria in paragraph (1)(a) 1226
into involuntary outpatient services. The court may not use 1227
incarceration as a sanction for noncompliance with the services 1228
plan, but it may order a respondent to be evaluated for possible 1229
inpatient placement if there is significant, or there are 1230
multiple instances of, noncompliance, and it reasonably appears 1231
that the respondent meets the criteria of s. 394.463. 1232
(b) If a treatment facility administrator reasonably 1233
believes a respondent meets the criteria in paragraph (1)(a), he 1234
or she may petition to have the respondent placed in involuntary 1235
outpatient services as part of a di scharge plan. Such petition 1236
shall be filed with the clerk of the court for the county in 1237
which the respondent will reside with notice to the department; 1238
the respondent; the respondent's guardian, guardian advocate, or 1239
legal custodian, if applicable; the pu blic defender if the 1240
respondent is not otherwise represented by private counsel; and 1241
the state attorney. A fee may not be charged for filing a 1242
petition under this paragraph. 1243
(4) The department shall adopt rules that, at a minimum, 1244
establish: 1245
(a) The requirements of an outpatient services plan; 1246
(b) The procedures that a service provider may use to 1247
modify a services plan with and without court involvement; and 1248
(c) The duties of, and processes for, service providers to 1249
inform the department about the u navailability of a needed 1250
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treatment program or service in a particular community, and the 1251
funding or capacity deficiencies of an existing service 1252
(1) As used in this section, the term "involuntary 1253
outpatient placement" means involuntary outpatient servic es as 1254
defined in s. 394.467. 1255
(2) A court or a county court may order an individual to 1256
involuntary outpatient placement under s. 394.467 . 1257
Section 10. Section 394.467, Florida Statutes, is amended 1258
to read: 1259
(Substantial rewording of section. See 1260
s. 394.467, F.S., for present text.) 1261
394.467 Involuntary services and placement. — 1262
(1) CRITERIA.—A person may be ordered into involuntary 1263
inpatient placement for treatment upon a finding of the court, 1264
by clear and convincing evidence, that: 1265
(a) The person has a mental illness, and because of such 1266
mental illness: 1267
1.a. He or she has refused voluntary treatment after 1268
sufficient and conscientious explanation and disclosure of the 1269
treatment's purpose; or 1270
b. He or she is unable to determine for himself or her self 1271
whether treatment is necessary; and 1272
2.a. He or she is incapable of surviving alone or with the 1273
help of willing, able, and responsible family or friends or 1274
available alternative services, and, without treatment, is 1275
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likely to suffer from neglect or re fuse to care for himself or 1276
herself, and such neglect or refusal poses a real and present 1277
threat of substantial harm to his or her well -being; or 1278
b. There is a substantial likelihood that in the near 1279
future and without services, he or she will inflict se rious harm 1280
to self or others, as evidenced by recent behavior causing, 1281
attempting, or threatening such harm; and 1282
(b) All less restrictive treatment alternatives that would 1283
offer an opportunity for improvement of the person's condition 1284
have been deemed inappropriate or unavailable. 1285
(2) RECOMMENDATION FOR INVOLUNTARY SERVICES AND 1286
TREATMENT.—A person may be recommended for involuntary inpatient 1287
placement, involuntary outpatient services, or a combination of 1288
both. 1289
(a) The recommendation that the involunta ry services 1290
criteria reasonably appear to have been met must be supported by 1291
the opinion of a psychiatrist and the second opinion of a 1292
qualified professional, both of whom have personally examined 1293
the person within the preceding 72 hours for involuntary 1294
inpatient placement, or within the preceding 30 days for 1295
involuntary outpatient services. However, if the facility 1296
administrator or service provider certifies that a psychiatrist 1297
or qualified professional is not available to provide the second 1298
opinion, the second opinion may be provided by a licensed 1299
physician with postgraduate training and experience in diagnosis 1300
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and treatment of mental illness, a clinical social worker, or a 1301
mental health counselor. 1302
(b) Any examination performed pursuant to this subsectio n 1303
may be completed by in -person or electronic means, so long as it 1304
is done in a face-to-face manner. The resulting opinion must be 1305
included in the involuntary services petition and must be 1306
entered into the person's clinical record. Upon adherence to the 1307
notice and hearing procedures of s. 394.4599, the petition's 1308
filing with the court authorizes the examining facility to hold 1309
the person until the court adjudicates the petition. 1310
(3) PETITION.— 1311
(a) Except as provided in s. 394.4655, the facility 1312
administrator, or a service provider seeking involuntary 1313
outpatient services for a person it is treating, must file a 1314
petition for involuntary services in the court for the county in 1315
which the respondent is located. The court shall accept 1316
petitions and related docu mentation with electronic signatures. 1317
(b) The petition must state whether inpatient placement, 1318
outpatient services, or some combination of both is required; 1319
the reasons each commitment criterion is satisfied; and an 1320
estimate of the length of time the res pondent needs in each type 1321
of involuntary treatment which is not to exceed 6 months. 1322
(c) Upon the petition's filing, the clerk of the court 1323
shall provide copies of the petition and, if applicable, the 1324
recommended services plan to the department, the mana ging 1325
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entity, the respondent, the respondent's guardian or 1326
representative, the state attorney, and the respondent's private 1327
counsel or the public defender of the judicial circuit in which 1328
the respondent is located. A fee may not be charged for the 1329
filing of a petition under this subsection. 1330
(4) APPOINTMENT OF COUNSEL. —A respondent has a right to 1331
counsel at every stage of a judicial proceeding relating to his 1332
or her involuntary treatment, and within 1 court working day of 1333
an involuntary services petition's filing, the court shall 1334
appoint the office of the public defender to represent the 1335
respondent, unless the respondent is otherwise represented by 1336
counsel. The clerk of the court shall immediately notify the 1337
public defender of such appointment, which shall l ast until the 1338
petition is dismissed, the court order expires, the respondent 1339
is discharged from involuntary services, or the public defender 1340
is otherwise discharged by the court. Any attorney who 1341
represents the respondent must be provided access to the 1342
respondent, witnesses, and records relevant to the presentation 1343
of the respondent's case and shall represent the respondent's 1344
interests regardless of the source of payment to the attorney. 1345
The respondent, however, may waive his or her right to counsel 1346
if he or she is present for the hearing and the court finds that 1347
such waiver is made knowingly, intelligently, and voluntarily. 1348
(5) CONTINUANCE OF HEARING. —The respondent and the state 1349
are each entitled to at least one continuance of the hearing. 1350
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The respondent's continuance may be for a period of up to 4 1351
weeks and requires the concurrence of the respondent's counsel. 1352
The state's continuance may be for a period of up to 5 court 1353
working days and requires a showing of good cause and due 1354
diligence by the state befo re requesting the continuance. The 1355
state's failure to timely review any readily available document 1356
or failure to attempt to contact a known witness does not 1357
warrant a continuance. 1358
(6) HEARING AND COURT ORDER. — 1359
(a) Unless a continuance is granted, the court must hear 1360
the involuntary services petition within 5 court working days 1361
after its filing. 1362
(b)1. Except for good cause documented in the court file 1363
or as provided in s. 394.4655, the hearing must be held in the 1364
county or the facility where the respo ndent is located, as 1365
deemed appropriate by the court. 1366
2. The hearing must be as convenient to the respondent as 1367
is consistent with orderly procedure and must be conducted in a 1368
physical setting not likely to be injurious to the respondent's 1369
condition. If the court finds that the respondent's attendance 1370
at the hearing is inconsistent with his or her best interests or 1371
is likely to be injurious to self or others, or the respondent 1372
knowingly, intelligently, and voluntarily waives his or her 1373
right to be present, the court may waive the respondent's 1374
attendance from all or any portion of the hearing. All testimony 1375
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must be given under oath, and the proceedings must be recorded. 1376
The respondent may refuse to testify at the hearing. 1377
3. The hearing must be held in pe rson unless all parties 1378
agree otherwise. However, upon a finding of good cause, the 1379
court may permit witnesses to testify under oath remotely using 1380
audio-video technology satisfactory to the court. A witness 1381
intending to testify remotely must provide the p arties with all 1382
relevant documents he or she will rely on for such testimony by 1383
the close of business on the day before the hearing. 1384
(c) The court must inform the respondent and the 1385
respondent's guardian or representative of the right to an 1386
independent expert examination by their own qualified 1387
professional. If the respondent cannot afford such an 1388
examination, the court must ensure that one is provided, as 1389
otherwise provided for by law. The independent expert's report 1390
is confidential and not discoverable, unless the expert is to be 1391
called as a witness for the respondent at the hearing. 1392
(d) The state, as represented by the state attorney for 1393
the circuit in which the respondent is located rather than the 1394
petitioning facility or service provider, is the rea l party of 1395
interest in the proceeding. The facility or service provider 1396
must make the respondent's clinical records available to the 1397
state attorney so that the state can evaluate and prepare its 1398
case. However, such records must remain confidential, and the 1399
state attorney may not use any record obtained under this part 1400
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for criminal investigation or prosecution purposes or for any 1401
purpose other than the respondent's civil commitment under this 1402
chapter. 1403
(e) The court may appoint a magistrate to preside at th e 1404
hearing on the petition and any ancillary proceedings, which may 1405
include, but are not limited to, writs of habeas corpus issued 1406
pursuant to s. 394.459. At least one of the professionals who 1407
executed the involuntary services petition certificate must 1408
testify at the hearing, and the court must allow individuals, 1409
such as family members, to testify about the respondent's prior 1410
history and how that history relates to his or her current 1411
condition if such individual is called as a party's witness and 1412
the information is relevant and admissible under state law. The 1413
court must also consider testimony and evidence regarding the 1414
respondent's competence to consent to treatment, and if the 1415
court concludes that the respondent is incompetent to consent to 1416
treatment, the court must appoint a guardian advocate as 1417
provided in s. 394.4598 and state the reasons for the 1418
appointment in the order. 1419
(f)1. If the court concludes that the respondent meets the 1420
criteria for involuntary services, it may order in writing that 1421
the person receive up to 6 months of involuntary inpatient 1422
placement, involuntary outpatient services if the requirements 1423
of s. 394.4655 are met and such services are available in the 1424
local community, or some combination of both services which best 1425
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meets the respondent's needs. The written order must specify the 1426
nature and extent of the respondent's mental illness as well as 1427
any co-occurring issues, the reasons the commitment criteria are 1428
satisfied, and the length of time the respondent is to be 1429
ordered into inpatien t or outpatient services. If the respondent 1430
is recommended for inpatient placement in a treatment facility, 1431
the court may also order that the respondent be retained at a 1432
receiving facility while awaiting transfer to a treatment 1433
facility or, if the responde nt is at a treatment facility, that 1434
the respondent be retained there or be treated at another 1435
appropriate facility for up to 6 months on an involuntary basis. 1436
2. The court may not order a respondent with a 1437
developmental disability as defined in s. 393.06 3, a traumatic 1438
brain injury, or dementia who lacks a co -occurring mental 1439
illness to be involuntarily placed in a state treatment 1440
facility. 1441
(g)1. If at any time before the conclusion of the hearing 1442
the court determines that the respondent does not meet th e 1443
criteria of this section, but instead meets the criteria for 1444
involuntary admission or treatment for substance use disorder 1445
pursuant to s. 397.675, the court may order that the respondent 1446
be admitted for involuntary assessment pursuant to s. 397.6957. 1447
Thereafter, all proceedings are governed by chapter 397. 1448
2. The court may also have the respondent evaluated by the 1449
Agency for Persons with Disabilities if he or she has an 1450
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intellectual disability or autism and reasonably appears to meet 1451
the commitment criteria of s. 393.11, and any subsequent 1452
proceedings shall be governed by that section. 1453
(h)1. The petitioning facility's administrator or the 1454
designated department representative must provide a copy of the 1455
written order and adequate documentation of a respo ndent's 1456
mental illness and co -occurring issues to the involuntary 1457
outpatient services provider or the treatment facility 1458
administrator if the respondent is ordered for involuntary 1459
inpatient placement, whether by a civil or a criminal court. 1460
Such documentation must include any advance directives made by 1461
the respondent, a psychiatric evaluation of the respondent, and 1462
any evaluations of the respondent performed by a psychiatric 1463
nurse, a clinical psychologist, a marriage and family therapist, 1464
a mental health counselor, or a clinical social worker. 1465
2. The treatment facility administrator may refuse 1466
admission of the respondent who is involuntarily ordered to a 1467
facility if the court order for admission is not accompanied by 1468
the documentation specified in subparag raph 1. 1469
(i) If a person in involuntary inpatient placement is 1470
being treated at a receiving facility and continues to meet the 1471
criteria of subsection (1) but the court order authorizing 1472
involuntary services is set to expire, the receiving facility 1473
administrator must, before the court order expires, file a 1474
petition for continued involuntary services in accordance with 1475
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subsections (2) and (3). The court shall appoint counsel for the 1476
respondent and hear such petition pursuant to subsections (4) 1477
and this subsection. 1478
(7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT 1479
PLACEMENT AT A TREATMENT FACILITY. — 1480
(a) Hearings on petitions for continued involuntary 1481
inpatient placement of an individual placed at a treatment 1482
facility are administrative hearings and must be conducted in 1483
accordance with s. 120.57, except that any order entered by the 1484
administrative law judge is final and subject to judicial review 1485
in accordance with s. 120.68. Testimony must be given under 1486
oath, and the proceedings must be recorded. Orders co ncerning 1487
respondents committed after successfully pleading not guilty by 1488
reason of insanity are governed by s. 916.15. 1489
(b)1. If it reasonably appears that the respondent 1490
continues to meet the criteria for involuntary inpatient 1491
placement and is being trea ted at a treatment facility, the 1492
treatment facility administrator must, before the expiration of 1493
the period the treatment facility is authorized to retain the 1494
patient, file a petition for continued involuntary inpatient 1495
placement. The administrative law ju dge shall schedule the 1496
hearing as soon as practicable, and the existing commitment 1497
order shall remain in effect until the disposition of the 1498
petition. The petition must be accompanied by a statement from 1499
the respondent's qualified professional justifying t he request, 1500
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a brief description of the respondent's treatment during the 1501
time he or she has been involuntarily placed, and an 1502
individualized plan of continued treatment which was developed 1503
in consultation with the respondent and his or her guardian or 1504
guardian advocate, if applicable and appropriate. 1505
2. Unless the respondent is otherwise represented, the 1506
public defender of the circuit in which the facility is located 1507
must represent the respondent. 1508
3. Notwithstanding the requirement that notice of the 1509
hearing must be provided pursuant to s. 394.4599, notice 1510
required under this subsection must be given pursuant to this 1511
subparagraph. Except as otherwise provided, a treatment facility 1512
that files a petition under this paragraph must serve a copy of 1513
the petition, notice of hearing, order, and any motions by mail, 1514
with the date, time, and method of delivery documented in the 1515
clinical record, on all of the following: 1516
a. The respondent, but the treatment facility may have an 1517
employee serve its patient by hand de livery. 1518
b. The respondent's attorney, unless he or she 1519
electronically receives service of the document through an 1520
existing data system of the Division of Administrative Hearings. 1521
c. The respondent's guardian, guardian advocate, health 1522
care surrogate or proxy, and representative, but such 1523
individuals may be served electronically if they provide the 1524
facility with an e-mail address. 1525
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1526
Any person who is also a member of The Florida Bar may be served 1527
under this subparagraph by e -mail. 1528
4. The hearing must be held in person unless all parties 1529
agree otherwise. However, upon a finding of good cause, the 1530
administrative law judge may permit witnesses to testify under 1531
oath remotely using audio -video technology satisfactory to the 1532
administrative law judge. A witness intending to testify 1533
remotely must provide the parties with all relevant documents he 1534
or she will rely on for such testimony by the close of business 1535
on the day before the hearing. The respondent must be present 1536
for, but may refuse to testify at, the hear ing. However, if the 1537
administrative law judge finds that the respondent's attendance 1538
at the hearing is inconsistent with his or her best interests or 1539
is likely to be injurious to self or others, or the respondent 1540
knowingly, intelligently, and voluntarily w aives his or her 1541
right to be present, the administrative law judge may waive the 1542
respondent's attendance from all or any portion of the hearing. 1543
(c)1. If, at a hearing, it is shown that the respondent 1544
continues to meet the criteria for involuntary inpati ent 1545
placement by clear and convincing evidence, the administrative 1546
law judge must issue an order for continued involuntary 1547
inpatient placement for no more than 6 months. 1548
2. If the respondent was previously found incompetent to 1549
consent to treatment, the a dministrative law judge may consider 1550
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testimony and evidence regarding the respondent's competence. 1551
Upon determining that the respondent is now competent to consent 1552
to treatment, the administrative law judge may issue an order to 1553
the court that found the re spondent incompetent to consent to 1554
treatment which recommends that the respondent's competence be 1555
restored and that any previously appointed guardian advocate be 1556
discharged. The guardian advocate's discharge is governed by s. 1557
394.4598(8). 1558
(d) If continued involuntary inpatient placement is 1559
necessary for a respondent admitted while serving a criminal 1560
sentence but such sentence is about to expire, or for a minor 1561
involuntarily placed who is about to reach the age of 18, the 1562
treatment facility administrator m ust petition the 1563
administrative law judge for an order authorizing the continued 1564
involuntary inpatient placement. 1565
1566
The procedure required in this subsection must be followed 1567
before the expiration of each additional period the respondent 1568
is receiving involuntarily services. 1569
(8) RETURN TO FACILITY. —If a respondent involuntarily held 1570
at a receiving or treatment facility under this section leaves 1571
the facility without the facility administrator's authorization, 1572
the administrator may authorize a search fo r the person and 1573
return him or her to the facility. The administrator may request 1574
the assistance of a law enforcement agency in this regard. 1575
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(9) DISCHARGE.—The respondent must be discharged upon 1576
expiration of the commitment order or at any time he or she no 1577
longer meets the criteria for involuntary services, unless the 1578
person has been transferred to voluntary status. Upon discharge, 1579
the service provider or facility shall send a certificate of 1580
discharge to the court, the state attorney, and, as applicable, 1581
the respondent's counsel, guardian, guardian advocate, or legal 1582
custodian. 1583
Section 11. Subsection (2) of section 394.468, Florida 1584
Statutes, is amended to read: 1585
394.468 Admission and discharge procedures. — 1586
(2) Discharge planning and procedures for any patient's 1587
release from a receiving facility or a treatment facility must 1588
include and document the patient's needs, and actions to address 1589
such needs, for, at a minimum: 1590
(a) Follow-up behavioral health appointments; 1591
(b) Information on how to obtain prescribed medications; 1592
and 1593
(c) Information pertaining to: 1594
1. Available living arrangements; 1595
2. Transportation; and 1596
3. Resources offered through the Agency for Persons with 1597
Disabilities, the Department of Elderly Affairs, and the 1598
Department of Veterans' Affairs, when applicable; and 1599
(d) Referral to, when appropriate: 1600
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1. Care coordination services. The patient must be 1601
referred for care coordination services if the patient meets the 1602
criteria as a member of a priority population as determined by 1603
the department under s. 394.9082(3)(c) and is in need of such 1604
services;. 1605
2. Recovery support opportunities under s. 394.4573(2)(l), 1606
including, but not limited to, connection to a peer specialist ; 1607
and 1608
3. Resources to address co -occurring issues, such as 1609
medical conditions, developmental disabilities, or substance use 1610
disorders. 1611
Section 12. Subsection (2) of section 394.4785, Florida 1612
Statutes, is amended to read: 1613
394.4785 Children and adolescents; admission and placement 1614
in mental facilities. — 1615
(2) A person under the age of 14 who is admitted to any 1616
hospital licensed pursuant to chapter 395 may not be admitted to 1617
a bed in a room or ward with an adult patient in a mental health 1618
unit or share common areas with an adult patient in a mental 1619
health unit. However, a person 14 years of age or older may be 1620
admitted to a bed in a room or ward in the mental health unit 1621
with an adult if the qualified professional who assessed the 1622
person admitting physician or psychiatric nurse documents in the 1623
case record that such placement is medically indicated or for 1624
reasons of safety. Such placement must be reviewed by the 1625
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attending physician or a designee or on -call physician each day 1626
and documented in the case record. 1627
Section 13. Subsection (3) of section 394.495, Flori da 1628
Statutes, is amended to read: 1629
394.495 Child and adolescent mental health system of care; 1630
programs and services. — 1631
(3) Assessments must be performed by: 1632
(a) A qualified professional as clinical psychologist, 1633
clinical social worker, physician, psychi atric nurse, or 1634
psychiatrist, as those terms are defined in s. 394.455; 1635
(b) A professional licensed under chapter 491 , such as a 1636
clinical social worker ; or 1637
(c) A person who is under the direct supervision of a 1638
qualified professional, as the term is clinical psychologist, 1639
clinical social worker, physician, psychiatric nurse, or 1640
psychiatrist, as those terms are defined in s. 394.455, or a 1641
professional licensed under chapter 491. 1642
Section 14. Subsection (5) of section 394.496, Florida 1643
Statutes, is amended to read: 1644
394.496 Service planning. — 1645
(5) A qualified professional as clinical psychologist, 1646
clinical social worker, physician, psychiatric nurse, or 1647
psychiatrist, as those terms are defined in s. 394.455 , or a 1648
professional licensed under chapter 4 91 must be included among 1649
those persons developing the services plan. 1650
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Section 15. Paragraph (a) and (d) of subsection (2) of 1651
section 394.499, Florida Statutes, are amended to read: 1652
394.499 Integrated children's crisis stabilization 1653
unit/juvenile addictions receiving facility services. — 1654
(2) Children eligible to receive integrated children's 1655
crisis stabilization unit/juvenile addictions receiving facility 1656
services include: 1657
(a) A minor whose parent or legal guardian provides 1658
express and informed consent for the makes voluntary admission 1659
application based on the parent's express and informed consent , 1660
and the requirements of s. 394.4625(1)(a) are met. 1661
(d) A person under 18 years of age who meets the criteria 1662
for involuntary admission because there is good faith reason to 1663
believe the person is substance abuse impaired pursuant to s. 1664
397.675 and, because of such impairment: 1665
1. Has lost the power of self -control with respect to 1666
substance use; and 1667
2.a. Has inflicted, or threatened or attempted to i nflict, 1668
or unless admitted is likely to inflict, physical harm on 1669
himself or herself or another; or 1670
b. Is in need of substance abuse services and, by reason 1671
of substance abuse impairment, his or her judgment has been so 1672
impaired that the person is incapa ble of appreciating his or her 1673
need for such services and of making a rational decision in 1674
regard thereto; however, mere refusal to receive such services 1675
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does not constitute evidence of lack of judgment with respect to 1676
his or her need for such services. 1677
Section 16. Subsection (3) of section 394.676, Florida 1678
Statutes, is amended to read: 1679
394.676 Indigent psychiatric medication program. — 1680
(3) To the extent possible within existing appropriations, 1681
the department must ensure that non -Medicaid-eligible indigent 1682
individuals discharged from mental health treatment facilities 1683
continue to receive the medications which effectively stabilized 1684
their mental illness in the treatment facility, or newer 1685
medications, without substitution by a service provider unless 1686
such substitution is clinically indicated as determined by the 1687
licensed physician, psychiatrist, psychiatric nurse, or 1688
physician assistant in psychiatry responsible for such 1689
individual's psychiatric care. 1690
Section 17. Paragraph (a) of subsection (1) of s ection 1691
394.875, Florida Statutes, is amended to read: 1692
394.875 Crisis stabilization units, residential treatment 1693
facilities, and residential treatment centers for children and 1694
adolescents; authorized services; license required. — 1695
(1)(a) The purpose of a crisis stabilization unit is to 1696
stabilize and redirect a client to the most appropriate and 1697
least restrictive community setting available, consistent with 1698
the client's needs. Crisis stabilization units may screen, 1699
assess, and admit for stabilization person s who present 1700
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themselves to the unit and persons who are brought to the unit 1701
under s. 394.463. Clients may be provided 24 -hour observation;, 1702
medication prescribed by a physician, a psychiatrist, a or 1703
psychiatric nurse, or a physician assistant in psychiatr y; 1704
practicing within the framework of an established protocol with 1705
a psychiatrist, and other appropriate services. Crisis 1706
stabilization units shall provide services regardless of the 1707
client's ability to pay. 1708
Section 18. Present subsections (30) through (37) and (38) 1709
through (51) of section 397.311, Florida Statutes, are 1710
redesignated as subsections (31) through (38) and (40) through 1711
(53), respectively, and new subsections (30) and (39) are added 1712
to that section, to read: 1713
397.311 Definitions. —As used in this chapter, except part 1714
VIII, the term: 1715
(30) "Neglect or refuse to care for himself or herself" 1716
includes, but is not limited to, evidence that a person: 1717
(a) Is, for a reason other than indigence, unable to 1718
satisfy basic needs for nourishment, clothi ng, medical care, 1719
shelter, or safety, thereby creating a substantial probability 1720
of imminent death, serious physical debilitation, or disease; or 1721
(b) Is substantially unable to make an informed treatment 1722
choice, after an explanation of the advantages and disadvantages 1723
of, and alternatives to, treatment, and needs care or treatment 1724
to prevent relapse or deterioration. However, none of the 1725
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following constitutes a refusal to accept treatment: 1726
1. A willingness to take medication appropriate for the 1727
person's condition, but a reasonable disagreement about 1728
medication type or dosage; 1729
2. A good faith effort to follow a reasonable services 1730
plan; 1731
3. An inability to obtain access to appropriate treatment 1732
because of inadequate health care coverage or an insurer's 1733
refusal or delay in providing coverage for treatment; or 1734
4. An inability to obtain access to needed services 1735
because the provider has no available treatment beds or 1736
qualified professionals, the provider will only accept patients 1737
who are under court orde r, or the provider gives persons under 1738
court order priority over voluntary patients in obtaining 1739
treatment and services. 1740
(39) "Real and present threat of substantial harm" means a 1741
substantial probability that, in view of his or her treatment 1742
history and current behavior, the untreated person will: 1743
(a) Lack, refuse, or not receive services for health and 1744
safety which are available in the community and he or she would, 1745
based on a clinical determination, be unable to survive without 1746
supervision; or 1747
(b) Suffer severe mental, emotional, or physical harm that 1748
will result in the loss of his or her ability to function in the 1749
community or in the loss of cognitive or volitional control over 1750
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thoughts or actions. 1751
Section 19. Section 397.416, Florida Statutes, is amended 1752
to read: 1753
397.416 Substance abuse treatment services; qualified 1754
professional.—Notwithstanding any other provision of law, a 1755
person who was certified through a certification process 1756
recognized by the former Department of Health and Rehabilitativ e 1757
Services before January 1, 1995, may perform the duties of a 1758
qualified professional with respect to substance abuse treatment 1759
services as defined in this chapter, and need not meet the 1760
certification requirements contained in s. 397.311 s. 1761
397.311(36). 1762
Section 20. Subsection (8) of section 397.501, Florida 1763
Statutes, is amended to read: 1764
397.501 Rights of individuals. —Individuals receiving 1765
substance abuse services from any service provider are 1766
guaranteed protection of the rights specified in this secti on, 1767
unless otherwise expressly provided, and service providers must 1768
ensure the protection of such rights. 1769
(8) RIGHT TO COUNSEL. —Each individual must be informed 1770
that he or she has the right to be represented by counsel in any 1771
judicial proceeding for involuntary treatment services and that 1772
he or she, or if the individual is a minor his or her parent, 1773
legal guardian, or legal custodian, may apply immediately to the 1774
court to have an attorney appointed if he or she has not 1775
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retained private counsel cannot afford one. 1776
Section 21. Section 397.675, Florida Statutes, is amended 1777
to read: 1778
397.675 Criteria for invol untary admissions, including 1779
protective custody, emergency admission, and other involuntary 1780
assessment, involuntary treatment, and alternative involuntary 1781
assessment for minors, for purposes of assessment and 1782
stabilization, and for involuntary treatment. —A person meets the 1783
criteria for involuntary admission if there is good faith reason 1784
to believe that the person is substance abuse impaired or has a 1785
substance use disorder and a co -occurring mental health disorder 1786
and, because of such impairment or disorder: 1787
(1) Has lost the power of self -control with respect to 1788
substance abuse or has a history of noncompliance with substance 1789
abuse treatment with continued substance use ; and 1790
(2)(a) Is in need of substance abuse services and, by 1791
reason of substance abuse i mpairment, his or her judgment has 1792
been so impaired that he or she is refusing voluntary care after 1793
a sufficient and conscientious explanation and disclosure of the 1794
services' purpose, or is incapable of appreciating his or her 1795
need for such services and of making a rational decision in that 1796
regard, although mere refusal to receive such services does not 1797
constitute evidence of lack of judgment with respect to his or 1798
her need for such services; and or 1799
(3)(a)(b) Without care or treatment, is likely to suffer 1800
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from neglect or refuse to care for himself or herself; that such 1801
neglect or refusal poses a real and present threat of 1802
substantial harm to his or her well -being; and that it is not 1803
apparent that such harm may be avoided through the help of 1804
willing, able, and responsible family members or friends or the 1805
provision of other services ;, or 1806
(b) There is a substantial likelihood that in the near 1807
future and without services, the person will inflict serious 1808
harm to self or others, as evidenced by recent behavior causing, 1809
attempting, or threatening such harm has inflicted, or 1810
threatened to or attempted to inflict, or, unless admitted, is 1811
likely to inflict, physical harm on himself, herself, or 1812
another. 1813
Section 22. Section 397.681, Florida Statutes, is amended 1814
to read: 1815
397.681 Involuntary petitions; general provisions; court 1816
jurisdiction and right to counsel. — 1817
(1) JURISDICTION.—The courts have jurisdiction of 1818
involuntary treatment petitions for substance abuse impaired 1819
persons, and such petitions must be file d with the clerk of the 1820
court in the county where the person resides or, upon a finding 1821
of good cause, is located. The clerk of the court may not charge 1822
a fee for the filing of a petition under this section. The chief 1823
judge may appoint a general or special magistrate to preside 1824
over all or part of the proceedings related to the petition or 1825
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any ancillary matters, which include, but are not limited to, 1826
writs of habeas corpus issued pursuant to s. 397.501 . The 1827
alleged impaired person is named as the respondent . 1828
(2) RIGHT TO COUNSEL. —A respondent has the right to 1829
counsel at every stage of a judicial proceeding relating to a 1830
petition for his or her involuntary treatment for substance 1831
abuse impairment; however, the respondent may waive that right 1832
if the respondent is present and the court finds that such 1833
waiver is made knowingly, intelligently, and voluntarily. An 1834
indigent A respondent who desires counsel and is also entitled 1835
unable to afford private counsel has the right to court -1836
appointed counsel and to the benefits of s. 57.081. If the court 1837
believes that the respondent needs or desires the assistance of 1838
counsel and has not retained private counsel , the court must 1839
shall appoint such counsel for the respondent without regard to 1840
the respondent's wishes. If the re spondent is a minor not 1841
otherwise represented in the proceeding, the court must shall 1842
immediately appoint a guardian ad litem to act on the minor's 1843
behalf. 1844
(3) STATE REPRESENTATIVE. —For all court-involved 1845
involuntary proceedings under this chapter, the s tate attorney 1846
for the circuit in which the petition was filed shall represent 1847
the state, rather than the petitioner, as the real party in 1848
interest in the proceeding, but the petitioner, whether pro se 1849
or through counsel, has the right to be heard. Furtherm ore, 1850
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while the state attorney shall have access to the respondent's 1851
clinical records, it may not use any record obtained under this 1852
subsection for criminal investigation or prosecution purposes or 1853
for any purpose other than the respondent's civil commitmen t 1854
under this chapter. Any record obtained under this subsection 1855
must remain confidential. 1856
Section 23. Section 397.6818, Florida Statutes, is 1857
repealed. 1858
Section 24. Section 397.68111, Florida Statutes, is 1859
renumbered as section 397.693, Florida Statutes, and section 1860
397.693, Florida Statutes, is revived and reenacted, to read: 1861
397.693 397.68111 Involuntary treatment. —A person may be 1862
the subject of a petition for cou rt-ordered involuntary 1863
treatment pursuant to this part if that person: 1864
(1) Reasonably appears to meet the criteria for 1865
involuntary admission provided in s. 397.675; 1866
(2) Has been placed under protective custody pursuant to 1867
s. 397.677 within the previous 10 days; 1868
(3) Has been subject to an emergency admission pursuant to 1869
s. 397.679 within the previous 10 days; or 1870
(4) Has been assessed by a qualified professional within 1871
30 days. 1872
Section 25. Section 397.68112, Florida Statutes, is 1873
renumbered as section 397.695, Florida Statutes, and section 1874
397.695, Florida Statutes, is revived and reenacted, to read: 1875
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397.695 397.68112 Involuntary services; persons who may 1876
petition.— 1877
(1) If the respondent is an adult, a petition for 1878
involuntary treatment services may be filed by the respondent's 1879
spouse or legal guardian, any relative, a service provider, or 1880
an adult who has direct personal knowledge of the respondent's 1881
substance abuse impairment and his or her prior course of 1882
assessment and treatment. 1883
(2) If the respondent is a minor, a petition for 1884
involuntary treatment services may be filed by a parent, legal 1885
guardian, or service provider. 1886
(3) The court may prohibit, or a law enforcement agency 1887
may waive, any service of process fees if a petitioner is 1888
determined to be indigent. 1889
Section 26. Section 397.68141, Florida Statutes, is 1890
renumbered as section 397.6951, Florida Statutes, and section 1891
397.6951, Florida Statutes, is revived, reenacted, and amended, 1892
to read: 1893
397.6951 397.68141 Contents of petition for involuntary 1894
treatment services.— 1895
(1) A petition for involuntary services must contain the 1896
name of the respondent; the name of the petitioner; the 1897
relationship between the respondent and the petitioner; the name 1898
of the respondent's attorney, if known; an d the factual 1899
allegations presented by the petitioner establishing the need 1900
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for involuntary services for substance abuse impairment. The 1901
factual allegations must demonstrate the reason for the 1902
petitioner's belief that the respondent: 1903
(a) Has lost the pow er of self-control with respect to 1904
substance abuse or has a history of noncompliance with substance 1905
abuse treatment with continued substance use; 1906
(b) Needs substance abuse services, but his or her 1907
judgment is so impaired by substance abuse that he or she either 1908
is refusing voluntary care after a sufficient and conscientious 1909
explanation and disclosure of the services' purpose, or is 1910
incapable of appreciating his or her need for such services and 1911
of making a rational decision in that regard; and 1912
(c)1. Without services, is likely to suffer from neglect 1913
or refuse to care for himself or herself; that the neglect or 1914
refusal poses a real and present threat of substantial harm to 1915
his or her well-being; and that it is not apparent that the harm 1916
may be avoided through the help of willing, able, and 1917
responsible family members or friends or the provision of other 1918
services; or 1919
2. There is a substantial likelihood that in the near 1920
future and without services, the respondent will inflict serious 1921
harm to self or others, as evidenced by recent behavior causing, 1922
attempting, or threatening such harm. 1923
(2) The petition may be accompanied by a certificate or 1924
report from a qualified professional who examined the respondent 1925
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no more than 30 days before the treatment petitio n's filing. The 1926
certificate or report must include the qualified professional's 1927
findings relating to his or her assessment of the patient and 1928
his or her treatment recommendations. If the respondent was not 1929
assessed before the treatment petition's filing or refused to 1930
submit to an evaluation, the lack of assessment or refusal must 1931
be noted in the petition. 1932
(1) The factual allegations must demonstrate: 1933
(a) The reason for the petitioner's belief that the 1934
respondent is substance abuse impaired; 1935
(b) The reason for the petitioner's belief that because of 1936
such impairment the respondent has lost the power of self -1937
control with respect to substance abuse; and 1938
(c)1. The reason the petitioner believes that the 1939
respondent has inflicted or is likely to inflict phy sical harm 1940
on himself or herself or others unless the court orders the 1941
involuntary services; or 1942
2. The reason the petitioner believes that the 1943
respondent's refusal to voluntarily receive care is based on 1944
judgment so impaired by reason of substance abuse that the 1945
respondent is incapable of appreciating his or her need for care 1946
and of making a rational decision regarding that need for care. 1947
(2) The petition may be accompanied by a certificate or 1948
report of a qualified professional who examined the responde nt 1949
within 30 days before the petition was filed. The certificate or 1950
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report must include the qualified professional's findings 1951
relating to his or her assessment of the patient and his or her 1952
treatment recommendations. If the respondent was not assessed 1953
before the filing of a treatment petition or refused to submit 1954
to an evaluation, the lack of assessment or refusal must be 1955
noted in the petition. 1956
(3) If there is an emergency, the petition must also 1957
describe the respondent's exigent circumstances and include a 1958
request for an ex parte assessment and stabilization order that 1959
must be executed pursuant to s. 397.6955 s. 397.68151. 1960
Section 27. Section 397.68151, Florida Statutes, is 1961
renumbered as section 397.6955, Florida Statutes, and section 1962
397.6955, Florida Statutes, is revived, reenacted, and amended, 1963
to read: 1964
397.6955 397.68151 Duties of court upon filing of petition 1965
for involuntary services. — 1966
(1) Upon the filing of a petition for involuntary services 1967
for a substance abuse impaired person with the cle rk of the 1968
court, the clerk must notify the state attorney's office. In 1969
addition, the court shall immediately determine whether the 1970
respondent is represented by an attorney or whether the 1971
appointment of counsel for the respondent is appropriate. If , 1972
based on the contents of the petition, the court appoints 1973
counsel for the person, the clerk of the court shall immediately 1974
notify the office of criminal conflict and civil regional 1975
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counsel, created pursuant to s. 27.511, of the appointment. The 1976
office of criminal conflict and civil regional counsel shall 1977
represent the person until the petition is dismissed, the court 1978
order expires, the person is discharged from involuntary 1979
treatment services, or the office is otherwise discharged by the 1980
court. An attorney that rep resents the person named in the 1981
petition shall have access to the person, witnesses, and records 1982
relevant to the presentation of the person's case and shall 1983
represent the interests of the person, regardless of the source 1984
of payment to the attorney. 1985
(2) The court shall schedule a hearing to be held on the 1986
petition within 10 court working days unless a continuance is 1987
granted. The court may appoint a magistrate to preside at the 1988
hearing. 1989
(3) A copy of the petition and notice of the hearing must 1990
be provided to the respondent; the respondent's parent, 1991
guardian, or legal custodian, in the case of a minor; the 1992
respondent's attorney, if known; the petitioner; the 1993
respondent's spouse or guardian, if applicable; and such other 1994
persons as the court may direct. If t he respondent is a minor, a 1995
copy of the petition and notice of the hearing must be 1996
personally delivered to the respondent. The clerk shall also 1997
issue a summons to the person whose admission is sought, and, 1998
unless a circuit court's chief judge authorizes di sinterested 1999
private process servers to serve parties under this chapter, a 2000
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law enforcement agency must effect such service on the person 2001
whose admission is sought for the initial treatment hearing. 2002
(4)(a) When the petitioner asserts that emergency 2003
circumstances exist, or when upon review of the petition the 2004
court determines that an emergency exists, the court may rely 2005
solely on the contents of the petition and, without the 2006
appointment of an attorney, enter an ex parte order for the 2007
respondent's involuntar y assessment and stabilization which must 2008
be executed during the period when the hearing on the petition 2009
for treatment is pending. The court may further order a law 2010
enforcement officer or another designated agent of the court to: 2011
1. Take the respondent i nto custody and deliver him or her 2012
for evaluation to either the nearest appropriate licensed 2013
service provider or a licensed service provider designated by 2014
the court; and 2015
2. Serve the respondent with the notice of hearing and a 2016
copy of the petition. 2017
(b) The service provider may not hold the respondent for 2018
longer than 72 hours of observation, unless: 2019
1. The service provider seeks additional time under s. 2020
397.6957(1)(c) and the court, after a hearing, grants such 2021
motion providing additional time; 2022
2. The respondent shows signs of withdrawal, or a need to 2023
be either detoxified or treated for a medical condition, which 2024
shall extend the amount of time the respondent may be held for 2025
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observation until the issue is resolved but no later than the 2026
scheduled hearing date, absent a court -approved extension; or 2027
3. The original or extended observation period ends on a 2028
weekend or holiday, including the hours before the ordinary 2029
business hours of the following workday morning, in which case 2030
the provider may hold the r espondent until the next court 2031
working day. 2032
(c) If the ex parte order has not been executed by the 2033
initial hearing date, it is deemed void. However, if the 2034
respondent does not appear at the hearing for any reason, 2035
including lack of service, and upon reviewing the petition, 2036
testimony, and evidence presented, the court reasonably believes 2037
the respondent meets the commitment criteria found in s. 397.675 2038
and that a substance abuse emergency exists, the court may issue 2039
or reissue an ex parte assessment and stabilization order that 2040
is valid for 90 days. If the respondent's whereabouts are known 2041
at the time of the hearing, the court: 2042
1. Shall continue the case for no more than 10 court 2043
working days; and 2044
2. May order a law enforcement officer or another 2045
designated agent of the court to: 2046
a. Take the respondent into custody and deliver him or her 2047
for evaluation to either the nearest appropriate licensed 2048
service provider or a licensed service provider designated by 2049
the court; and 2050
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b. If a hearing date is se t, serve the respondent with 2051
notice of the rescheduled hearing and a copy of the involuntary 2052
treatment petition if the respondent has not already been 2053
served. 2054
2055
Otherwise, the state must inform the court that the respondent 2056
has been assessed so that the cou rt may schedule a hearing as 2057
soon as is practicable. However, if the respondent has not been 2058
assessed within this 90 -day period, the court must dismiss the 2059
case. 2060
Section 28. Subsections (1) through (4) of section 2061
397.6957, Florida Statutes, are amended to read: 2062
397.6957 Hearing on petition for involuntary treatment 2063
services.— 2064
(1)(a) The respondent must be present at a hearing on a 2065
petition for involuntary treatment services unless the court 2066
finds that he or she knowingly, intelligently, and voluntar ily 2067
waives his or her right to be present or, upon receiving proof 2068
of service and evaluating the circumstances of the case, that 2069
his or her presence is inconsistent with his or her best 2070
interests or is likely to be injurious to self or others. The 2071
court shall hear and review all relevant and admissible 2072
evidence, including testimony from a party's witnesses, 2073
individuals such as family members familiar with the 2074
respondent's prior history and how it relates to his or her 2075
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current condition, and the results of t he assessment completed 2076
by the qualified professional in connection with this chapter. 2077
The court may also order drug tests. The hearing must be held in 2078
person unless all parties agree otherwise. However, upon a 2079
finding of good cause, the court may permit w itnesses to testify 2080
under oath remotely using audio -video technology satisfactory to 2081
the court Witnesses may remotely attend and, as appropriate, 2082
testify at the hearing under oath via audio -video 2083
telecommunications technology . A witness intending to testify 2084
remotely attend and testify must provide the parties with all 2085
relevant documents he or she will rely on for such testimony by 2086
the close of business on the day before the hearing. 2087
(b)1. A respondent may not be involuntarily ordered into 2088
treatment under this chapter without a clinical assessment being 2089
performed, unless he or she is present in court and expressly 2090
waives the assessment. In nonemergency situations, if the 2091
respondent was not, or had previously refused to be, assessed by 2092
a qualified profession al and, based on the petition, testimony, 2093
and evidence presented, it reasonably appears that the 2094
respondent qualifies for involuntary treatment services, the 2095
court shall issue an involuntary assessment and stabilization 2096
order to determine the appropriate l evel of treatment the 2097
respondent requires. Additionally, in cases where an assessment 2098
was attached to the petition or there is a possibility of bias , 2099
the respondent may request, or the court on its own motion may 2100
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order, an independent assessment by a court -appointed or 2101
otherwise agreed upon qualified professional. The respondent 2102
shall be informed by the court of the right to an independent 2103
assessment. 2104
2. If an assessment order is issued, it is valid for 90 2105
days, and if the respondent is present or there i s either proof 2106
of service or his or her location is known, the involuntary 2107
treatment hearing shall be continued for no more than 10 court 2108
working days. Otherwise, the state petitioner must inform the 2109
court that the respondent has been assessed so that the court 2110
may schedule a hearing as soon as is practicable. The assessment 2111
must occur before the new hearing date, and if there is evidence 2112
indicating that the respondent will not voluntarily appear at 2113
the forthcoming hearing or is a danger to self or others, the 2114
court may enter a preliminary order committing the respondent to 2115
an appropriate treatment facility for further evaluation until 2116
the date of the rescheduled hearing. However, if after 90 days 2117
the respondent remains unassessed, the court shall dismiss th e 2118
case. 2119
(c)1. Involuntary assessments may be performed at a 2120
licensed detoxification or addictions receiving facility, a 2121
licensed service provider or its lesser restrictive component, 2122
or a hospital. The respondent's assessment by a qualified 2123
professional must occur within 72 hours after his or her arrival 2124
at such facility a licensed service provider unless the 2125
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respondent shows signs of withdrawal or a need to be either 2126
detoxified or treated for a medical condition, which shall 2127
extend the amount of time the respondent may be held for 2128
observation until such issue is resolved but no later than the 2129
scheduled hearing date, absent a court -approved extension. If 2130
the respondent is a minor, such assessment must be initiated 2131
within the first 12 hours of the minor's a dmission to the 2132
facility. The service provider may also move to extend the 72 2133
hours of observation by petitioning the court in writing for 2134
additional time. The service provider must furnish copies of 2135
such motion to all parties in accordance with applicable 2136
confidentiality requirements, and after a hearing, the court may 2137
grant additional time. If the court grants the service 2138
provider's petition, the service provider may continue to hold 2139
the respondent, and if the original or extended observation 2140
period ends on a weekend or holiday, including the hours before 2141
the ordinary business hours of the following workday morning, 2142
the provider may hold the respondent until the next court 2143
working day. 2144
2. No later than the ordinary close of business on the day 2145
before the hearing, the qualified professional shall transmit, 2146
in accordance with any applicable confidentiality requirements, 2147
his or her clinical assessment to the clerk of the court, who 2148
shall enter it into the court file. The report must contain a 2149
recommendation on the level of substance abuse treatment the 2150
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respondent requires, if any, and the relevant information on 2151
which the qualified professional's findings are based. This 2152
document must further note whether the respondent has any co -2153
occurring mental health or o ther treatment needs. For adults 2154
subject to an involuntary assessment, the report's filing with 2155
the court satisfies s. 397.6758 if it also contains the 2156
respondent's admission and discharge information. The qualified 2157
professional's failure to include a trea tment recommendation, 2158
much like a recommendation of no treatment, shall result in the 2159
petition's dismissal. 2160
(d) The court may order a law enforcement officer or 2161
another designated agent of the court to take the respondent 2162
into custody and transport him o r her to the treatment facility 2163
or the assessing service provider. 2164
(2) The state petitioner has the burden of proving by 2165
clear and convincing evidence that: 2166
(a) The respondent is substance abuse impaired , has lost 2167
the power of self-control with respect to substance abuse, or 2168
and has a history of lack of compliance with treatment for 2169
substance abuse with continued substance use ; and 2170
(b) Because of such impairment , the respondent is unlikely 2171
to voluntarily participate in the recommended services after 2172
sufficient and conscientious explanation and disclosure of their 2173
purpose, or is unable to determine for himself or herself 2174
whether services are necessary and make a rational decision in 2175
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that regard; and: 2176
(c)1. Without services, the respondent is likely to suffer 2177
from neglect or refuse to care for himself or herself; that such 2178
neglect or refusal poses a real and present threat of 2179
substantial harm to his or her well -being; and that it is not 2180
apparent that such harm may be avoided through the help of 2181
willing, able, and responsible family members or friends or the 2182
provision of other services; or 2183
2. There is a substantial likelihood that in the near 2184
future and without services, the respondent will inflict serious 2185
harm to self or others, as evidenced by recent behavior causing, 2186
attempting, or threatening such harm cause serious bodily harm 2187
to himself, herself, or another in the near future, as evidenced 2188
by recent behavior; or 2189
2. The respondent's refusal to voluntarily receive care is 2190
based on judgment so impai red by reason of substance abuse that 2191
the respondent is incapable of appreciating his or her need for 2192
care and of making a rational decision regarding that need for 2193
care. 2194
(3) Testimony in the hearing must be taken under oath, and 2195
the proceedings must be recorded. The respondent may refuse to 2196
testify at the hearing. 2197
(4) If at any point during the hearing the court has 2198
reason to believe that the respondent, due to mental illness 2199
other than or in addition to substance abuse impairment, meets 2200
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the involuntary commitment provisions of part I of chapter 394, 2201
the court may initiate involuntary examination proceedings under 2202
such provisions. The court may also have the respondent 2203
evaluated by the Agency for Persons with Disabilities if he or 2204
she has an intellectual disability or autism and reasonably 2205
appears to meet the commitment criteria in s. 393.11, and any 2206
subsequent proceedings shall be governed by that section. 2207
Section 29. Section 397.697, Florida Statutes, is amended 2208
to read: 2209
397.697 Court determination; effect of court order for 2210
involuntary treatment services.— 2211
(1)(a) When the court finds that the conditions for 2212
involuntary treatment services have been proved by clear and 2213
convincing evidence, it may order the respondent to receive 2214
involuntary treatment services from a publicly funded licensed 2215
service provider for a period not to exceed 90 days. The court 2216
may also order a respondent to undergo treatment through a 2217
privately funded licensed service provider if the respondent has 2218
the ability to pay for the treatment, or if any person on the 2219
respondent's behalf voluntarily demonstrates a willingness and 2220
an ability to pay for the treatment. If the court finds it 2221
necessary, it may direct the sheriff to take the respondent into 2222
custody and deliver him or her to the licensed service provider 2223
specified in the court order, or to the nearest appropriate 2224
licensed service provider, for involuntary treatment services. 2225
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When the conditions justifying involuntary treatment services no 2226
longer exist, the indivi dual must be released as provided in s. 2227
397.6971. When the conditions justifying involuntary treatment 2228
services are expected to exist after 90 days of treatment 2229
services, a renewal of the involuntary treatment services order 2230
may be requested pursuant to s. 397.6975 before the end of the 2231
90-day period. 2232
(b) To qualify for involuntary outpatient treatment, an 2233
individual must be supported by a social worker or case manager 2234
of a licensed service provider, or a willing, able, and 2235
responsible individual appointe d by the court who shall inform 2236
the court and parties if the respondent fails to comply with his 2237
or her outpatient program. In addition, unless the respondent 2238
has been involuntarily ordered into residential inpatient 2239
treatment under this chapter at least t wice during the last 36 2240
months, or demonstrates the ability to substantially comply with 2241
the outpatient treatment while waiting for residential services 2242
placement to become available, he or she must receive an 2243
assessment from a qualified professional or li censed physician 2244
expressly recommending outpatient services ., Such services must 2245
also be available in the county in which the respondent is 2246
located, and it must appear likely that the respondent will 2247
follow a prescribed outpatient care plan . 2248
(2) In all cases resulting in an order for involuntary 2249
treatment services, the court shall retain jurisdiction over the 2250
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case and the parties for the entry of such further orders as the 2251
circumstances may require, including, but not limited to, 2252
monitoring compliance wit h treatment, changing the treatment 2253
modality, or initiating contempt of court proceedings for 2254
violating any valid order issued pursuant to this chapter. 2255
Hearings under this section may be set by motion of the parties 2256
or under the court's own authority, and the motion and notice of 2257
hearing for these ancillary proceedings, which include, but are 2258
not limited to, civil contempt, must be served in accordance 2259
with relevant court procedural rules. The court's requirements 2260
for notification of proposed release must be included in the 2261
original order. 2262
(3) An involuntary treatment services order also 2263
authorizes the licensed service provider to require the 2264
individual to receive treatment services that will benefit him 2265
or her, including treatment services at any licensa ble service 2266
component of a licensed service provider. The service provider's 2267
authority under this section is separate and distinct from the 2268
court's continuing jurisdiction under subsection (2), and the 2269
service provider is subject to the court's oversight. Such 2270
oversight includes, but is not limited to, submitting reports on 2271
the respondent's progress in treatment or compliance with the 2272
involuntary treatment services order. The court, however, may 2273
not oversee program admissions, medication management, or 2274
clinical decisions. 2275
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(4) If the court orders involuntary treatment services, a 2276
copy of the order must be sent to the managing entity, the 2277
department, and the Louis de la Parte Florida Institute 2278
established under s. 1004.44, within 1 working day after it is 2279
received from the court. Documents may be submitted 2280
electronically through existing data systems, if applicable. 2281
(5) The department and the institute established under s. 2282
1004.44, shall also receive and maintain copies of the 2283
involuntary assessment and tre atment orders issued pursuant to 2284
ss. 397.6955 and 397.6957 ss. 397.68151, 397.6818, and 397.6957 ; 2285
the qualified professional assessments; the professional 2286
certificates; and the law enforcement officers' protective 2287
custody reports. The institute established under s. 1004.44 2288
shall use such documents to prepare annual reports analyzing the 2289
data the documents contain, without including patients' personal 2290
identifying information, and the institute shall post such 2291
reports on its website and provide copies of the reports to the 2292
department, the President of the Senate, and the Speaker of the 2293
House of Representatives by December 31 of each year. 2294
Section 30. Paragraph (b) of subsection (1) of section 2295
397.6971, Florida Statutes, is amended to read: 2296
397.6971 Early release from involuntary services. — 2297
(1) At any time before the end of the 90 -day involuntary 2298
treatment services period, or before the end of any extension 2299
granted pursuant to s. 397.6975, an individual receiving 2300
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involuntary treatment services may be det ermined eligible for 2301
discharge to the most appropriate referral or disposition for 2302
the individual when any of the following apply: 2303
(b) If the individual was admitted on the grounds of 2304
likelihood of self-neglect or the infliction of physical harm 2305
upon himself or herself or others, such likelihood no longer 2306
exists. 2307
Section 31. Section 397.6975, Florida Statutes, is amended 2308
to read: 2309
397.6975 Extension of involuntary treatment services 2310
period.— 2311
(1) Whenever a service provider believes that an 2312
individual who is nearing the scheduled date of his or her 2313
release from involuntary treatment services continues to meet 2314
the criteria for involuntary services in s. 397.693 s. 397.68111 2315
or s. 397.6957, a pe tition for renewal of the involuntary 2316
treatment services order must be filed with the court before the 2317
expiration of the court -ordered services period. The petition 2318
may be filed by the service provider or by the person who filed 2319
the petition for the initia l treatment order if the petition is 2320
accompanied by supporting documentation from the service 2321
provider. The court shall immediately schedule a hearing within 2322
10 court working days after to be held not more than 15 days 2323
after filing of the petition's filing petition, and the court 2324
shall provide a the copy of the petition for renewal and the 2325
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notice of the hearing to all parties and counsel to the 2326
proceeding. The hearing is conducted pursuant to ss. 397.6957 2327
and 397.697 and must be held before the circuit cour t unless 2328
referred to a magistrate. The existing involuntary treatment 2329
services order shall remain in effect until any continued 2330
treatment order is complete, but this section does not prohibit 2331
the respondent from agreeing to additional treatment without a 2332
hearing so long as the service provider informs the court and 2333
parties of such agreement. 2334
(2) If the court finds that the petition for renewal of 2335
the involuntary treatment services order should be granted, it 2336
may order the respondent to receive involuntary treatment 2337
services for a period not to exceed an additional 90 days. When 2338
the conditions justifying involuntary treatment services no 2339
longer exist, the individual must be released as provided in s. 2340
397.6971. When the conditions justifying involuntary serv ices 2341
continue to exist after an additional 90 days of service, a new 2342
petition requesting renewal of the involuntary treatment 2343
services order may be filed pursuant to this section. 2344
Section 32. Section 397.6977, Florida Statutes, is amended 2345
to read: 2346
397.6977 Disposition of individual upon completion of 2347
involuntary treatment services.— 2348
(1) At the conclusion of the 90 -day period of court-2349
ordered involuntary services, the respondent is automatically 2350
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discharged unless a motion for renewal of the involunta ry 2351
services order has been filed with the court pursuant to s. 2352
397.6975. 2353
(2) Discharge planning and procedures for any respondent's 2354
release from involuntary treatment services must include and 2355
document the respondent's needs, and actions to address such 2356
needs, for, at a minimum: 2357
(a) Follow-up behavioral health appointments ;. 2358
(b) Information on how to obtain prescribed medications ;. 2359
(c) Information pertaining to available living 2360
arrangements and transportation ;. 2361
(d) Information pertaining to resour ces offered through 2362
the Agency for Persons with Disabilities, the Department of 2363
Elderly Affairs, and the Department of Veterans' Affairs, when 2364
applicable; and 2365
(e) Referral to, when applicable: 2366
1. Recovery support opportunities under s. 394.4573(2)(l) , 2367
including, but not limited to, connection to a peer specialist ; 2368
2. Resources to address co -occurring issues, such as 2369
medical conditions, developmental disabilities, or mental 2370
illness; and 2371
3. Care coordination services. The respondent must be 2372
referred for care coordination services if he or she meets the 2373
criteria as a member of a priority population as determined by 2374
the department under s. 394.9082(3)(c) . 2375
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Section 33. Subsection (6) of section 394.9085, Florida 2376
Statutes, is amended to read: 2377
394.9085 Behavioral provider liability. — 2378
(6) For purposes of this section, the terms 2379
"detoxification," "addictions receiving facility," and 2380
"receiving facility" have the same meanings as those provided in 2381
ss. 397.311(27)(a)4., 397.311(27)(a)1., and 394.455 394.455(40), 2382
respectively. 2383
Section 34. Subsection (2) of section 397.6798, Florida 2384
Statutes, is amended, and subsection (1) of that section is 2385
republished, to read: 2386
397.6798 Alternative involuntary assessment procedure for 2387
minors.— 2388
(1) In addition to p rotective custody, emergency 2389
admission, and involuntary assessment and stabilization, an 2390
addictions receiving facility may admit a minor for involuntary 2391
assessment and stabilization upon the filing of an application 2392
to an addictions receiving facility by t he minor's parent, 2393
guardian, or legal custodian. The application must establish the 2394
need for involuntary assessment and stabilization based on the 2395
criteria for involuntary admission in s. 397.675. Within 72 2396
hours after involuntary admission of a minor, the minor must be 2397
assessed to determine the need for further services. Assessments 2398
must be performed by a qualified professional. If, after the 72 -2399
hour period, it is determined by the attending physician that 2400
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further services are necessary, the minor may be k ept for a 2401
period of up to 5 days, inclusive of the 72 -hour period. 2402
(2) An application for alternative involuntary assessment 2403
for a minor must establish the need for immediate involuntary 2404
admission and contain the name of the minor to be admitted, the 2405
name and signature of the applicant, the relationship between 2406
the minor to be admitted and the applicant, and factual 2407
allegations with respect to: 2408
(a) The reason for the applicant's belief that the minor 2409
is substance abuse impaired; and 2410
(b) The reason for the applicant's belief that because of 2411
such impairment the minor has lost the power of self -control 2412
with respect to substance abuse; and either 2413
(c)1. The reason the applicant believes that the minor has 2414
inflicted or is likely to inflict physical harm on himself or 2415
herself or others unless admitted; or 2416
2. The reason the applicant believes that the minor's refusal 2417
to voluntarily receive substance abuse services is based on 2418
judgment so impaired by reason of substance abuse that he or she 2419
is incapable of appreciating his or her need for such services 2420
and of making a rational decision regarding his or her need for 2421
services. 2422
Section 35. Paragraph (a) of subsection (2) of section 2423
790.065, Florida Statutes, is amended to read: 2424
790.065 Sale and delivery of firearms.— 2425
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(2) Upon receipt of a request for a criminal history 2426
record check, the Department of Law Enforcement shall, during 2427
the licensee's call or by return call, forthwith: 2428
(a) Review any records available to determine if the 2429
potential buyer or transferee: 2430
1. Has been convicted of a felony and is prohibited from 2431
receipt or possession of a firearm pursuant to s. 790.23; 2432
2. Has been convicted of a misdemeanor crime of domestic 2433
violence, and therefore is prohibited from purchasing a firearm; 2434
3. Has had adjudication of guilt withheld or imposition of 2435
sentence suspended on any felony or misdemeanor crime of 2436
domestic violence unless 3 years have elapsed since probation or 2437
any other conditions set by the court have been fulfilled or 2438
expunction has occurred; or 2439
4. Has been adjudicated mentally defective or has been 2440
committed to a mental institution by a court or as provided in 2441
sub-sub-subparagraph b.(II), and as a result is prohibited by 2442
state or federal law from purchasing a firearm. 2443
a. As used in this subparagraph, "adjudicated mentally 2444
defective" means a determination by a court that a person, as a 2445
result of marked subnormal intelligence, or mental illness, 2446
incompetency, condition, or disease, is a danger to himself or 2447
herself or to others or l acks the mental capacity to contract or 2448
manage his or her own affairs. The phrase includes a judicial 2449
finding of incapacity under s. 744.331(6)(a), an acquittal by 2450
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reason of insanity of a person charged with a criminal offense, 2451
and a judicial finding that a criminal defendant is not 2452
competent to stand trial. 2453
b. As used in this subparagraph, "committed to a mental 2454
institution" means: 2455
(I) Involuntary commitment, commitment for mental 2456
defectiveness or mental illness, and commitment for substance 2457
abuse. The phrase includes involuntary inpatient placement and 2458
involuntary outpatient services under as defined in s. 394.467, 2459
involuntary outpatient placement as defined in s. 394.4655 , 2460
involuntary assessment and stabilization under s. 397.6955 s. 2461
397.6818, and involuntary substance abuse treatment under s. 2462
397.6957, but does not include a person in a mental institution 2463
for observation or discharged from a mental institution based 2464
upon the initial review by the physician or a voluntary 2465
admission to a mental institut ion; or 2466
(II) Notwithstanding sub -sub-subparagraph (I), voluntary 2467
admission to a mental institution for outpatient or inpatient 2468
treatment of a person who had an involuntary examination under 2469
s. 394.463, where each of the following conditions have been 2470
met: 2471
(A) An examining physician found that the person is an 2472
imminent danger to himself or herself or others. 2473
(B) The examining physician certified that if the person 2474
did not agree to voluntary treatment, a petition for involuntary 2475
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outpatient or inpatient treatment would have been filed under s. 2476
394.463(2)(g)4., or the examining physician certified that a 2477
petition was filed and the person subsequently agreed to 2478
voluntary treatment prior to a court hearing on the petition. 2479
(C) Before agreeing to voluntary treatment, the person 2480
received written notice of that finding and certification, and 2481
written notice that as a result of such finding, he or she may 2482
be prohibited from purchasing a firearm, and may not be eligible 2483
to apply for or retain a concealed weapon o r firearms license 2484
under s. 790.06 and the person acknowledged such notice in 2485
writing, in substantially the following form: 2486
2487
"I understand that the doctor who examined me believes I am a 2488
danger to myself or to others. I understand that if I do not 2489
agree to voluntary treatment, a petition will be filed in court 2490
to require me to receive involuntary treatment. I understand 2491
that if that petition is filed, I have the right to contest it. 2492
In the event a petition has been filed, I understand that I can 2493
subsequently agree to voluntary treatment prior to a court 2494
hearing. I understand that by agreeing to voluntary treatment in 2495
either of these situations, I may be prohibited from buying 2496
firearms and from applying for or retaining a concealed weapons 2497
or firearms license until I apply for and receive relief from 2498
that restriction under Florida law." 2499
2500
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(D) A judge or a magistrate has, pursuant to sub -sub-2501
subparagraph c.(II), reviewed the record of the finding, 2502
certification, notice, and written acknowledgment classifying 2503
the person as an imminent danger to himself or herself or 2504
others, and ordered that such record be submitted to the 2505
department. 2506
c. In order to check for these conditions, the department 2507
shall compile and maintain an automated database of persons who 2508
are prohibited from purchasing a firearm based on court records 2509
of adjudications of mental defectiveness or commitments to 2510
mental institutions. 2511
(I) Except as provided in sub -sub-subparagraph (II), 2512
clerks of court shall submit these records to the department 2513
within 1 month after the rendition of the adjudication or 2514
commitment. Reports shall be submitted in an automated format. 2515
The reports must, at a minimum, include the name, along with any 2516
known alias or former name, the sex, and the date of birth of 2517
the subject. 2518
(II) For persons committed to a mental institution 2519
pursuant to sub-sub-subparagraph b.(II), within 24 hours after 2520
the person's agreement to voluntary admission, a record of the 2521
finding, certification, notice, and written acknowledgment must 2522
be filed by the administrator of the receiving or treatment 2523
facility, as defined in s. 394.455, with the clerk of the court 2524
for the county in which the involuntary examination under s. 2525
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394.463 occurred. No fee shall be charged for the filing under 2526
this sub-sub-subparagraph. The clerk must present the records to 2527
a judge or magistrate within 24 hours after receipt of the 2528
records. A judge or magistrate is required and has the lawful 2529
authority to review the records ex parte and, if the judge or 2530
magistrate determines that the record supports the classifying 2531
of the person as an imminent danger to himself or herself or 2532
others, to order that the record be submitted to the department. 2533
If a judge or magistrate orders the submittal of the record to 2534
the department, the record mus t be submitted to the department 2535
within 24 hours. 2536
d. A person who has been adjudicated mentally defective or 2537
committed to a mental institution, as those terms are defined in 2538
this paragraph, may petition the court that made the 2539
adjudication or commitment, or the court that ordered that the 2540
record be submitted to the department pursuant to sub -sub-2541
subparagraph c.(II), for relief from the firearm disabilities 2542
imposed by such adjudication or commitment. A copy of the 2543
petition shall be served on the state atto rney for the county in 2544
which the person was adjudicated or committed. The state 2545
attorney may object to and present evidence relevant to the 2546
relief sought by the petition. The hearing on the petition may 2547
be open or closed as the petitioner may choose. The p etitioner 2548
may present evidence and subpoena witnesses to appear at the 2549
hearing on the petition. The petitioner may confront and cross -2550
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examine witnesses called by the state attorney. A record of the 2551
hearing shall be made by a certified court reporter or by court-2552
approved electronic means. The court shall make written findings 2553
of fact and conclusions of law on the issues before it and issue 2554
a final order. The court shall grant the relief requested in the 2555
petition if the court finds, based on the evidence pres ented 2556
with respect to the petitioner's reputation, the petitioner's 2557
mental health record and, if applicable, criminal history 2558
record, the circumstances surrounding the firearm disability, 2559
and any other evidence in the record, that the petitioner will 2560
not be likely to act in a manner that is dangerous to public 2561
safety and that granting the relief would not be contrary to the 2562
public interest. If the final order denies relief, the 2563
petitioner may not petition again for relief from firearm 2564
disabilities until 1 y ear after the date of the final order. The 2565
petitioner may seek judicial review of a final order denying 2566
relief in the district court of appeal having jurisdiction over 2567
the court that issued the order. The review shall be conducted 2568
de novo. Relief from a fi rearm disability granted under this 2569
sub-subparagraph has no effect on the loss of civil rights, 2570
including firearm rights, for any reason other than the 2571
particular adjudication of mental defectiveness or commitment to 2572
a mental institution from which relief is granted. 2573
e. Upon receipt of proper notice of relief from firearm 2574
disabilities granted under sub -subparagraph d., the department 2575
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shall delete any mental health record of the person granted 2576
relief from the automated database of persons who are prohibite d 2577
from purchasing a firearm based on court records of 2578
adjudications of mental defectiveness or commitments to mental 2579
institutions. 2580
f. The department is authorized to disclose data collected 2581
pursuant to this subparagraph to agencies of the Federal 2582
Government, and other states, and local law enforcement for use 2583
exclusively in determining the lawfulness of a firearm sale or 2584
transfer, or as otherwise needed by law to ensure the safety of 2585
the community. The department is also authorized to disclose 2586
this data to the Department of Agriculture and Consumer Services 2587
for purposes of determining eligibility for issuance of a 2588
concealed weapons or concealed firearms license and for 2589
determining whether a basis exists for revoking or suspending a 2590
previously issued licens e pursuant to s. 790.06(10). When a 2591
potential buyer or transferee appeals a nonapproval based on 2592
these records, the clerks of court and mental institutions 2593
shall, upon request by the department, provide information to 2594
help determine whether the potential b uyer or transferee is the 2595
same person as the subject of the record. Photographs and any 2596
other data that could confirm or negate identity must be made 2597
available to the department for such purposes, notwithstanding 2598
any other provision of state law to the con trary. Any such 2599
information that is made confidential or exempt from disclosure 2600
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by law shall retain such confidential or exempt status when 2601
transferred to the department. 2602
Section 36. This act shall take effect July 1, 2025. 2603