Florida Senate - 2025 CS for SB 774 By the Appropriations Committee on Criminal and Civil Justice; and Senator Wright 604-02782-25 2025774c1 1 A bill to be entitled 2 An act relating to electronic transmittal of court 3 orders; amending s. 394.463, F.S.; requiring the clerk 4 of the court, within a certain timeframe after a court 5 issues an ex parte order for involuntary commitment, 6 to submit the order electronically to the sheriff or 7 law enforcement agency in the county where the order 8 is to be served; amending s. 397.68151, F.S.; 9 requiring the clerk of the court, within a certain 10 timeframe after a certain summons is issued, to submit 11 the summons electronically and, if applicable, a copy 12 of the petition for involuntary services and a notice 13 of the hearing to a law enforcement agency to effect 14 service on certain persons; amending s. 790.401, F.S.; 15 requiring the clerk of the court to transmit 16 electronically, within a certain timeframe after the 17 court issues a risk protection order and notice of 18 hearing, a copy of the order, notice of hearing, 19 petition to the appropriate law enforcement agency for 20 service upon the respondent; requiring the clerk of 21 the court to transmit electronically, within a certain 22 timeframe after the court issues a temporary ex parte 23 risk protection order or risk protection order, a copy 24 of the notice of hearing, petition, and temporary ex 25 parte risk protection order or risk protection order, 26 as applicable, to the sheriff; requiring that an 27 electronic copy of a temporary ex parte risk 28 protection order or a risk protection order be 29 certified by the clerk of the court and that the 30 electronic copy be served in the same manner as the 31 certified copy; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1.Paragraph (a) of subsection (2) of section 36 394.463, Florida Statutes, is amended to read: 37 394.463Involuntary examination. 38 (2)INVOLUNTARY EXAMINATION. 39 (a)An involuntary examination may be initiated by any one 40 of the following means: 41 1.A circuit or county court may enter an ex parte order 42 stating that a person appears to meet the criteria for 43 involuntary examination and specifying the findings on which 44 that conclusion is based. The ex parte order for involuntary 45 examination must be based on written or oral sworn testimony 46 that includes specific facts that support the findings. If other 47 less restrictive means are not available, such as voluntary 48 appearance for outpatient evaluation, a law enforcement officer, 49 or other designated agent of the court, must shall take the 50 person into custody and deliver him or her to an appropriate, or 51 the nearest, facility within the designated receiving system 52 pursuant to s. 394.462 for involuntary examination. The order of 53 the court must shall be made a part of the patients clinical 54 record. A fee may not be charged for the filing of an order 55 under this subsection. A facility accepting the patient based on 56 this order must send a copy of the order to the department 57 within 5 working days. Within 6 business hours after the court 58 issues an order, the clerk of the court shall electronically 59 submit the order to the sheriff or a law enforcement agency in 60 the county where the order is to be served may be submitted 61 electronically through existing data systems, if available. The 62 order is shall be valid only until the person is delivered to 63 the facility or for the period specified in the order itself, 64 whichever comes first. If a time limit is not specified in the 65 order, the order is valid for 7 days after the date that the 66 order was signed. 67 2.A law enforcement officer may take a person who appears 68 to meet the criteria for involuntary examination into custody 69 and deliver the person or have him or her delivered to an 70 appropriate, or the nearest, facility within the designated 71 receiving system pursuant to s. 394.462 for examination. A law 72 enforcement officer transporting a person pursuant to this 73 section shall restrain the person in the least restrictive 74 manner available and appropriate under the circumstances. If 75 transporting a minor and the parent or legal guardian of the 76 minor is present, before departing, the law enforcement officer 77 must shall provide the parent or legal guardian of the minor 78 with the name, address, and contact information for the facility 79 within the designated receiving system to which the law 80 enforcement officer is transporting the minor, subject to any 81 safety and welfare concerns for the minor. The officer shall 82 execute a written report detailing the circumstances under which 83 the person was taken into custody, which must be made a part of 84 the patients clinical record. The report must include all 85 emergency contact information for the person that is readily 86 accessible to the law enforcement officer, including information 87 available through electronic databases maintained by the 88 Department of Law Enforcement or by the Department of Highway 89 Safety and Motor Vehicles. Such emergency contact information 90 may be used by a receiving facility only for the purpose of 91 informing listed emergency contacts of a patients whereabouts 92 pursuant to s. 119.0712(2)(d). Any facility accepting the 93 patient based on this report must send a copy of the report to 94 the department within 5 working days. 95 3.A physician, a physician assistant, a clinical 96 psychologist, a psychiatric nurse, an advanced practice 97 registered nurse registered under s. 464.0123, a mental health 98 counselor, a marriage and family therapist, or a clinical social 99 worker may execute a certificate stating that he or she has 100 examined a person within the preceding 48 hours and finds that 101 the person appears to meet the criteria for involuntary 102 examination and stating the observations upon which that 103 conclusion is based. If other less restrictive means, such as 104 voluntary appearance for outpatient evaluation, are not 105 available, a law enforcement officer must shall take into 106 custody the person named in the certificate and deliver him or 107 her to the appropriate, or nearest, facility within the 108 designated receiving system pursuant to s. 394.462 for 109 involuntary examination. The law enforcement officer shall 110 execute a written report detailing the circumstances under which 111 the person was taken into custody and include all emergency 112 contact information required under subparagraph 2. Such 113 emergency contact information may be used by a receiving 114 facility only for the purpose of informing listed emergency 115 contacts of a patients whereabouts pursuant to s. 116 119.0712(2)(d). The report and certificate must shall be made a 117 part of the patients clinical record. Any facility accepting 118 the patient based on this certificate must send a copy of the 119 certificate to the department within 5 working days. The 120 document may be submitted electronically through existing data 121 systems, if applicable. 122 123 When sending the order, report, or certificate to the 124 department, a facility shall, at a minimum, provide information 125 about which action was taken regarding the patient under 126 paragraph (g), which information must shall also be made a part 127 of the patients clinical record. 128 Section 2.Subsection (3) of section 397.68151, Florida 129 Statutes, is amended to read: 130 397.68151Duties of court upon filing of petition for 131 involuntary services. 132 (3)A copy of the petition and notice of the hearing must 133 be provided to the respondent; the respondents parent, 134 guardian, or legal custodian, in the case of a minor; the 135 respondents attorney, if known; the petitioner; the 136 respondents spouse or guardian, if applicable; and such other 137 persons as the court may direct. If the respondent is a minor, a 138 copy of the petition and notice of the hearing must be 139 personally delivered to the respondent. The clerk shall also 140 issue a summons to the person whose admission is sought, and, 141 unless a circuit courts chief judge authorizes disinterested 142 private process servers to serve parties under this chapter, 143 within 6 business hours after the summons being issued, the 144 clerk of the court shall electronically submit the summons and, 145 if applicable, a copy of the petition and notice of hearing to a 146 law enforcement agency to must effect such service on the person 147 whose admission is sought for the initial treatment hearing. 148 Section 3.Paragraph (a) of subsection (3) and subsection 149 (5) of section 790.401, Florida Statutes, are amended to read: 150 790.401Risk protection orders. 151 (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE. 152 (a)Upon receipt of a petition, the court must order a 153 hearing to be held no later than 14 days after the date of the 154 order and must issue a notice of hearing to the respondent for 155 the same. 156 1.The clerk of the court shall electronically transmit 157 within 6 business hours after the court issues an order and 158 notice of hearing cause a copy of the order, notice of hearing, 159 and petition to be forwarded on or before the next business day 160 to the appropriate law enforcement agency for service upon the 161 respondent as provided in subsection (5). 162 2.The court may, as provided in subsection (4), issue a 163 temporary ex parte risk protection order pending the hearing 164 ordered under this subsection. Such temporary ex parte order 165 must be served concurrently with the notice of hearing and 166 petition as provided in subsection (5). 167 3.The court may conduct a hearing by telephone pursuant to 168 a local court rule to reasonably accommodate a disability or 169 exceptional circumstances. The court must receive assurances of 170 the petitioners identity before conducting a telephonic 171 hearing. 172 (5)SERVICE. 173 (a)Within 6 business hours after the court issues a 174 temporary ex parte risk protection order or risk protection 175 order, the clerk of the court shall electronically transmit 176 furnish a copy of the notice of hearing, petition, and temporary 177 ex parte risk protection order or risk protection order, as 178 applicable, to the sheriff of the county where the respondent 179 resides or can be found, who shall serve it upon the respondent 180 as soon thereafter as possible on any day of the week and at any 181 time of the day or night. An electronic When requested by the 182 sheriff, the clerk of the court may transmit a facsimile copy of 183 a temporary ex parte risk protection order or a risk protection 184 order must be that has been certified by the clerk of the court, 185 and the electronic this facsimile copy must may be served in the 186 same manner as a certified copy. Upon receiving an electronic a 187 facsimile copy, the sheriff must verify receipt with the sender 188 before attempting to serve it upon the respondent. The clerk of 189 the court is shall be responsible for furnishing to the sheriff 190 information on the respondents physical description and 191 location. Notwithstanding any other provision of law to the 192 contrary, the chief judge of each circuit, in consultation with 193 the appropriate sheriff, may authorize a law enforcement agency 194 within the jurisdiction to effect service. A law enforcement 195 agency effecting service pursuant to this section shall use 196 service and verification procedures consistent with those of the 197 sheriff. Service under this section takes precedence over the 198 service of other documents, unless the other documents are of a 199 similar emergency nature. 200 (b)All orders issued, changed, continued, extended, or 201 vacated after the original service of documents specified in 202 paragraph (a) must be certified by the clerk of the court and 203 delivered to the parties at the time of the entry of the order. 204 The parties may acknowledge receipt of such order in writing on 205 the face of the original order. If a party fails or refuses to 206 acknowledge the receipt of a certified copy of an order, the 207 clerk must shall note on the original order that service was 208 effected. If delivery at the hearing is not possible, the clerk 209 must shall mail certified copies of the order to the parties at 210 the last known address of each party. Service by mail is 211 complete upon mailing. When an order is served pursuant to this 212 subsection, the clerk shall prepare a written certification to 213 be placed in the court file specifying the time, date, and 214 method of service and shall notify the sheriff. 215 Section 4.This act shall take effect July 1, 2025.