Florida Senate - 2025 SB 1604 By Senator Martin 33-00635A-25 20251604__ 1 A bill to be entitled 2 An act relating to corrections; amending s. 57.085, 3 F.S.; revising provisions relating to deferral of 4 prepayment of court costs and fees for indigent 5 prisoners for actions involving challenges to prison 6 disciplinary reports; amending s. 95.11, F.S.; 7 providing for a 1-year limitation of actions period 8 for certain actions concerning the condition of 9 confinement of prisoners; creating s. 760.701, F.S.; 10 defining the term prisoner; requiring exhaustion of 11 administrative remedies before certain actions 12 concerning confinement of prisoners may be brought; 13 providing for dismissal of certain actions involving 14 prisoner confinement in certain circumstances; 15 requiring a showing of physical injury or the 16 commission of a certain act as a condition precedent 17 for bringing certain actions relating to prisoner 18 confinement; specifying a time limitation period for 19 bringing an action concerning any condition of 20 confinement; amending s. 775.087, F.S.; providing that 21 prison terms for certain offenses committed in 22 conjunction with another felony offense may be 23 sentenced to be served consecutively; amending ss. 24 922.10 and 922.105, F.S.; revising provisions 25 concerning methods of execution of death sentences; 26 amending s. 934.425, F.S.; defining the term 27 confinement center; exempting persons working for or 28 at a confinement center from provisions regulating the 29 use of tracking devices or tracking applications; 30 amending s. 945.41, F.S.; revising legislative intent; 31 revising provisions relating to mental health 32 treatment for inmates; providing that an inmate must 33 give his or her express and informed consent to such 34 treatment; specifying information an inmate must 35 receive regarding treatment; authorizing the warden to 36 authorize certain emergency medical treatment under 37 the direction of the inmates attending physician 38 under certain circumstances; amending s. 945.42, F.S.; 39 revising and providing definitions; amending s. 40 945.43, F.S.; revising provisions concerning 41 involuntary examinations; amending s. 945.44, F.S.; 42 revising provisions concerning placement and treatment 43 of an inmate in a mental health treatment facility; 44 repealing s. 945.45 F.S., relating to continued 45 placement of inmates in mental health treatment 46 facilities; amending s. 945.46, F.S.; providing 47 requirements for filing petitions for involuntary 48 inpatient placement for certain inmates; authorizing 49 the court to order alternative means and venues for 50 certain hearings; requiring, rather than authorizing, 51 inmates to be transported to the nearest receiving 52 facility in certain circumstances; amending s. 945.47, 53 F.S.; specifying purposes for which an inmates mental 54 health treatment records may be provided to the 55 Florida Commission on Offender Review and the 56 Department of Children and Families; authorizing such 57 records to be provided to certain facilities upon 58 request; amending s. 945.48, F.S.; substantially 59 rewording provisions relating to emergency treatment 60 orders and use of force and providing requirements 61 therefore; providing requirements for emergency and 62 psychotropic medications and use of force; creating s. 63 945.485, F.S.; providing legislative findings; 64 providing requirements for management and treatment 65 for an inmates self-injurious behaviors; requiring 66 facility wardens to consult with an inmates treating 67 physician in certain circumstances and make certain 68 determinations; providing for petitions to compel an 69 inmate to submit to medical treatment in certain 70 circumstances; providing construction; amending s. 71 945.49, F.S.; deleting a requirement that the 72 Department of Corrections adopt certain rules in 73 cooperation with the Mental Health Program Office of 74 the Department of Children and Families; creating s. 75 945.6402, F.S.; providing definitions; providing 76 legislative findings and intent; providing 77 requirements for inmate capacity, health care advance 78 directives, and proxies; authorizing the use of force 79 on incapacitated inmates in certain circumstances; 80 providing immunity from liability for certain persons 81 in certain circumstances; amending s. 947.02, F.S.; 82 changing the membership of the Florida Commission on 83 Offender Review; amending s. 947.021, F.S.; revising 84 provisions for expedited appointment of commission 85 members in certain circumstances; amending s. 947.12, 86 F.S.; conforming provisions to changes made by the 87 act; amending s. 957.04, F.S.; revising requirements 88 for contracting for certain services; amending s. 89 957.09, F.S.; deleting a provision relating to 90 minority business enterprises; providing an effective 91 date. 92 93 Be It Enacted by the Legislature of the State of Florida: 94 95 Section 1.Subsection (10) of section 57.085, Florida 96 Statutes, is amended to read: 97 57.085Deferral of prepayment of court costs and fees for 98 indigent prisoners. 99 (10)With the exception of challenges to prison 100 disciplinary reports, this section does not apply to a criminal 101 proceeding or a collateral criminal proceeding. 102 Section 2.Paragraph (b) of subsection (2) and paragraphs 103 (f), (g), and (h) of subsection (6) of section 95.11, Florida 104 Statutes, are amended to read: 105 95.11Limitations other than for the recovery of real 106 property.Actions other than for recovery of real property shall 107 be commenced as follows: 108 (2)WITHIN FIVE YEARS. 109 (b)A legal or equitable action on a contract, obligation, 110 or liability founded on a written instrument, except for an 111 action to enforce a claim against a payment bond, which shall be 112 governed by the applicable provisions of paragraph (6)(e), s. 113 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an 114 action for a deficiency judgment governed by paragraph (6)(g) 115 (6)(h). 116 (6)WITHIN ONE YEAR. 117 (f)Except for actions described in subsection (9), or a 118 petition challenging a criminal conviction, all petitions; 119 extraordinary writs; tort actions, including those under s. 120 768.28(14); or other actions which concern any condition of 121 confinement of a prisoner a petition for extraordinary writ, 122 other than a petition challenging a criminal conviction, filed 123 by or on behalf of a prisoner as defined in s. 57.085. 124 (g)Except for actions described in subsection (9), an 125 action brought by or on behalf of a prisoner, as defined in s. 126 57.085, relating to the conditions of the prisoners 127 confinement. 128 (g)(h)An action to enforce a claim of a deficiency related 129 to a note secured by a mortgage against a residential property 130 that is a one-family to four-family dwelling unit. The 131 limitations period shall commence on the day after the 132 certificate is issued by the clerk of court or the day after the 133 mortgagee accepts a deed in lieu of foreclosure. 134 Section 3.Section 760.701, Florida Statutes, is created to 135 read: 136 760.701Lawsuits by prisoners. 137 (1)For the purposes of this section, the term prisoner 138 means any person incarcerated or detained in any jail, prison, 139 or other correctional facility who is accused of, convicted of, 140 sentenced for, or adjudicated delinquent for violations of 141 criminal law or the terms and conditions of parole, probation, 142 pretrial release, or a diversionary program. 143 (2)An action may not be brought by or on behalf of a 144 prisoner relating to the conditions of the prisoners 145 confinement under 42 U.S.C. s. 1983, or any other state or 146 federal law, until such administrative remedies as are available 147 are fully exhausted. 148 (3)The court shall on its own motion or on the motion of a 149 party dismiss any action brought relating to the conditions of 150 the prisoners confinement under 42 U.S.C. s. 1983, or any other 151 state or federal law, by a prisoner if the court is satisfied 152 that the action is frivolous, malicious, fails to state a claim 153 upon which relief can be granted, or seeks monetary relief from 154 a defendant who is immune from such relief. The court shall 155 review any such action pursuant to s. 57.085(6). 156 (4)An action may not be brought in state court by or on 157 behalf of a prisoner relating to the conditions of the 158 prisoners confinement under 42 U.S.C. s. 1983, or any state 159 tort action, for mental or emotional injury suffered while in 160 custody without a prior showing of physical injury or the 161 commission of a sexual act as defined in 18 U.S.C. s. 2246(2). 162 (5)The time for bringing an action which concerns any 163 condition of confinement of a prisoner shall be the limitations 164 period as described in s. 95.11(6)(f). 165 Section 4.Paragraph (d) of subsection (2) of section 166 775.087, Florida Statutes, is amended, paragraph (e) is added to 167 that subsection, and paragraph (a) of that subsection is 168 republished, to read: 169 775.087Possession or use of weapon; aggravated battery; 170 felony reclassification; minimum sentence. 171 (2)(a)1.Any person who is convicted of a felony or an 172 attempt to commit a felony, regardless of whether the use of a 173 weapon is an element of the felony, and the conviction was for: 174 a.Murder; 175 b.Sexual battery; 176 c.Robbery; 177 d.Burglary; 178 e.Arson; 179 f.Aggravated battery; 180 g.Kidnapping; 181 h.Escape; 182 i.Aircraft piracy; 183 j.Aggravated child abuse; 184 k.Aggravated abuse of an elderly person or disabled adult; 185 l.Unlawful throwing, placing, or discharging of a 186 destructive device or bomb; 187 m.Carjacking; 188 n.Home-invasion robbery; 189 o.Aggravated stalking; 190 p.Trafficking in cannabis, trafficking in cocaine, capital 191 importation of cocaine, trafficking in illegal drugs, capital 192 importation of illegal drugs, trafficking in phencyclidine, 193 capital importation of phencyclidine, trafficking in 194 methaqualone, capital importation of methaqualone, trafficking 195 in amphetamine, capital importation of amphetamine, trafficking 196 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 197 (GHB), trafficking in 1,4-Butanediol, trafficking in 198 Phenethylamines, or other violation of s. 893.135(1); 199 q.Possession of a firearm by a felon; or 200 r.Human trafficking 201 202 and during the commission of the offense, such person actually 203 possessed a firearm or destructive device as those terms are 204 defined in s. 790.001, shall be sentenced to a minimum term of 205 imprisonment of 10 years, except that a person who is convicted 206 for possession of a firearm by a felon or burglary of a 207 conveyance shall be sentenced to a minimum term of imprisonment 208 of 3 years if such person possessed a firearm or destructive 209 device during the commission of the offense. However, if an 210 offender who is convicted of the offense of possession of a 211 firearm by a felon has a previous conviction of committing or 212 attempting to commit a felony listed in s. 775.084(1)(b)1. and 213 actually possessed a firearm or destructive device during the 214 commission of the prior felony, the offender shall be sentenced 215 to a minimum term of imprisonment of 10 years. 216 2.Any person who is convicted of a felony or an attempt to 217 commit a felony listed in sub-subparagraphs 1.a.-p. or sub 218 subparagraph 1.r., regardless of whether the use of a weapon is 219 an element of the felony, and during the course of the 220 commission of the felony such person discharged a firearm or 221 destructive device as defined in s. 790.001 shall be sentenced 222 to a minimum term of imprisonment of 20 years. 223 3.Any person who is convicted of a felony or an attempt to 224 commit a felony listed in sub-subparagraphs 1.a.-p. or sub 225 subparagraph 1.r., regardless of whether the use of a weapon is 226 an element of the felony, and during the course of the 227 commission of the felony such person discharged a firearm or 228 destructive device as defined in s. 790.001 and, as the result 229 of the discharge, death or great bodily harm was inflicted upon 230 any person, the convicted person shall be sentenced to a minimum 231 term of imprisonment of not less than 25 years and not more than 232 a term of imprisonment of life in prison. 233 (d)It is the intent of the Legislature that offenders who 234 actually possess, carry, display, use, threaten to use, or 235 attempt to use firearms or destructive devices be punished to 236 the fullest extent of the law, and the minimum terms of 237 imprisonment imposed pursuant to this subsection shall be 238 imposed for each qualifying felony count for which the person is 239 convicted. The court shall impose any term of imprisonment 240 provided for in this subsection consecutively to any other term 241 of imprisonment imposed for any other felony offense. 242 (e)If a conviction enumerated in subparagraph (a)1. is 243 committed in conjunction with any other felony offense, the 244 court may impose any term of imprisonment provided for in this 245 subsection consecutively to any other term of imprisonment 246 imposed for any other felony offense. 247 Section 5.Section 922.10, Florida Statutes, is amended to 248 read: 249 922.10Execution of death sentence; executioner.A death 250 sentence shall be executed by electrocution, or lethal 251 injection, or a method not deemed unconstitutional in accordance 252 with s. 922.105. The warden of the state prison shall designate 253 the executioner. The warrant authorizing the execution shall be 254 read to the convicted person immediately before execution. 255 Section 6.Subsection (3) of section 922.105, Florida 256 Statutes, is amended to read: 257 922.105Execution of death sentence; prohibition against 258 reduction of death sentence as a result of determination that a 259 method of execution is unconstitutional. 260 (3)If electrocution or lethal injection is held to be 261 unconstitutional by the Florida Supreme Court under the State 262 Constitution, or held to be unconstitutional by the United 263 States Supreme Court under the United States Constitution, or if 264 the United States Supreme Court declines to review any judgment 265 holding a method of execution to be unconstitutional under the 266 United States Constitution made by the Florida Supreme Court or 267 the United States Court of Appeals that has jurisdiction over 268 Florida, or if the acquisition of chemicals necessary for lethal 269 injection becomes impossible or impractical, all persons 270 sentenced to death for a capital crime shall be executed by a 271 method not deemed unconstitutional any constitutional method of 272 execution. 273 Section 7.Present paragraphs (b) through (d) of subsection 274 (1) of section 934.425, Florida Statutes, are redesignated as 275 paragraphs (c) through (e), respectively, a new paragraph (b) is 276 added to that subsection, present paragraphs (b) through (e) of 277 subsection (4) are redesignated as paragraphs (c) through (f), 278 respectively, and a new paragraph (b) is added to that 279 subsection, to read: 280 934.425Installation or use of tracking devices or tracking 281 applications; exceptions; penalties. 282 (1)As used in this section, the term: 283 (b)Confinement center means a jail, center, facility, or 284 institution designed to house a person or confine a persons 285 movements in accordance with chapter 394, chapter 908, chapter 286 941, chapter 944, chapter 945, chapter 950, chapter 951, chapter 287 957, chapter 958, chapter 984, or chapter 985. 288 (4)This section does not apply to: 289 (b)A person who while working for or at a confinement 290 center installs, places, or uses a tracking device or tracking 291 application on a person within their care, custody, or control 292 as part of his or her employment. 293 Section 8.Section 945.41, Florida Statutes, is amended to 294 read: 295 945.41Mental health treatment for inmates; legislative 296 intent of ss. 945.40-945.49. 297 (1)INTENT.It is the intent of the Legislature that: 298 (a)mentally ill Inmates in the custody of the department 299 who have a mental illness of Corrections receive an evaluation 300 and appropriate treatment for their mental illness through a 301 continuum of outpatient and inpatient mental health treatment 302 and services. 303 (b)The department is authorized to purchase treatment 304 materials and equipment to support inmate rehabilitation; to 305 ameliorate disabling mental symptoms associated with impairment 306 in behavioral functioning, sensory and motor skills, and impulse 307 control; and to improve adaptive coping skills consistent with 308 the departments jurisdiction as described in s. 945.025. 309 (c)Sections 945.40-945.49 do not supplement, amend, or 310 change the responsibilities of the Department of Children and 311 Families pursuant to chapter 916, the Forensic Client Services 312 Act, which governs forensic services for persons who are 313 incompetent to proceed as defined in s. 916.106. 314 (2)INDIVIDUAL DIGNITY AND TREATMENT. 315 (a)An inmate in the custody of the department shall be 316 offered treatment that is suited to his or her needs as 317 determined by health care staff and that is provided in a humane 318 psychological environment. Such treatment shall be administered 319 skillfully, safely, and humanely with respect for the inmates 320 dignity and personal integrity. 321 (b)The department shall provide mental health treatment 322 and services to inmates and may contract with any entities, 323 persons, or agencies qualified to provide such treatment and 324 services. 325 (c)Inmates receiving mental health treatment and services 326 shall be offered the opportunity to participate in the 327 development of a written individualized treatment plan and be 328 provided a copy of such plan before its implementation. It is 329 further the intent of the Legislature that: 330 (d)(1)Inmates in the custody of the department who have 331 mental illnesses that require hospitalization and intensive 332 mental health psychiatric inpatient treatment and services or 333 care shall be offered receive appropriate treatment or care in 334 an inpatient setting Department of Corrections mental health 335 treatment facilities designated for that purpose. Inmates who 336 have mental illnesses that require intensive hospitalization 337 level mental health inpatient treatment and services shall be 338 transferred to a department mental health treatment facility 339 designated for that purpose The Department of Corrections shall 340 provide mental health services to inmates committed to it and 341 may contract with any entities, persons, or agencies qualified 342 to provide such services. 343 (e)(2)Mental health treatment facilities shall be secure 344 and adequately equipped and staffed for the provision of mental 345 health treatment and services. Inmates shall be offered the 346 least restrictive appropriate available treatment and services 347 based on their assessed needs and best interests and consistent 348 with improvement of their condition for facilitation of 349 appropriate adjustment within the correctional environment 350 services and that, to the extent possible, such services be 351 provided in the least restrictive manner consistent with optimum 352 improvement of the inmates condition. 353 (3)EXPRESS AND INFORMED CONSENT. 354 (a)A mentally competent inmate offered mental health 355 treatment within the department shall give his or her express 356 and informed consent for such treatment. Before giving such 357 consent, the following information shall be provided and 358 explained in plain language to the inmate: 359 1.The proposed treatment. 360 2.The purpose of the treatment. 361 3.The common risks, benefits, and side effects of the 362 treatment and the specific dosage range for a medication, if 363 applicable. 364 4.Alternative treatment modalities. 365 5.The approximate length of treatment. 366 6.The potential effects of stopping treatment. 367 7.How treatment will be monitored. 368 8.That any consent given for treatment may be revoked 369 orally or in writing before or during the treatment period by 370 the inmate or by a person legally authorized to make health care 371 decisions on behalf of the inmate. 372 (b)Inmates who are determined to be incompetent to consent 373 to treatment shall receive treatment deemed to be necessary for 374 their appropriate care and for the safety of the inmate or 375 others in accordance with the procedures established in ss. 376 945.40-945.49. 377 (4)(3)PAROLE.Inmates who are transferred to any facility 378 for the purpose of mental health treatment and services shall be 379 given consideration for parole and be eligible for release by 380 reason of gain-time allowances as provided in s. 944.291 and 381 release by expiration of sentence, consistent with guidelines 382 established for that purpose by the department. 383 (5)(4)YOUTHFUL OFFENDERS.Any inmate sentenced as a 384 youthful offender, or designated as a youthful offender by the 385 department under chapter 958, who is transferred pursuant to 386 this act to a mental health treatment facility shall be 387 separated from other inmates, if necessary, as determined by the 388 warden of the mental health treatment facility. 389 (6)(5)TREATMENT FACILITIES.The department may designate 390 mental health treatment facilities for adult, youthful, and 391 female offenders or may contract with other appropriate 392 entities, persons, or agencies for such services. 393 (7)EMERGENCY MEDICAL TREATMENT.Notwithstanding any other 394 provision of this section, when the express and informed consent 395 of an inmate placed in a mental health treatment facility in 396 accordance with s. 945.44 cannot be obtained or the inmate is 397 incompetent to consent to treatment, the warden of a mental 398 health treatment facility, or his or her designated 399 representative, under the direction of the inmates attending 400 physician, may authorize nonpsychiatric, emergency surgical 401 treatment or other routine medical treatment if such treatment 402 is deemed lifesaving or there is a situation threatening serious 403 bodily harm to the inmate. 404 Section 9.Section 945.42, Florida Statutes, is amended to 405 read: 406 945.42Definitions; ss. 945.40-945.49.As used in ss. 407 945.40-945.49, the following terms shall have the meanings 408 ascribed to them, unless the context shall clearly indicate 409 otherwise: 410 (1)Court means the circuit court. 411 (2)Crisis stabilization care means an inpatient a level 412 of care that is less restrictive and intensive intense than care 413 provided in a mental health treatment facility, that includes a 414 broad range of evaluation and treatment and services provided 415 within a secure and highly structured residential setting or 416 locked residential setting, and that is intended for inmates who 417 are experiencing acute psychological emotional distress and who 418 cannot be adequately evaluated and treated in a transitional 419 care unit or infirmary isolation management room. Such treatment 420 and services are is also more intense than treatment and 421 services provided in a transitional care unit and are is devoted 422 principally toward rapid stabilization of acute symptoms and 423 conditions. 424 (3)Department means the Department of Corrections. 425 (4)Express and informed consent means consent 426 voluntarily given in writing, by a competent inmate, after 427 sufficient explanation and disclosure of the subject matter 428 involved, to enable the inmate to make a knowing and willful 429 decision without any element of force, fraud, deceit, duress, or 430 other form of constraint or coercion. 431 (5)Gravely disabled means a condition in which an 432 inmate, as a result of a diagnosed mental illness, is: 433 (a)In danger of serious physical harm resulting from the 434 inmates failure to provide for his or her essential physical 435 needs of food, clothing, hygiene, health, or safety without the 436 assistance of others; or 437 (b)Experiencing a substantial deterioration in behavioral 438 functioning evidenced by the inmates unremitting decline in 439 volitional control over his or her actions. 440 (6)Incompetent to consent to treatment means a state in 441 which an inmates judgment is so affected by mental illness that 442 he or she lacks the capacity to make a well-reasoned, willful, 443 and knowing decision concerning his or her medical or mental 444 health treatment and services. The term is distinguished from 445 the term incompetent to proceed, as defined in s. 916.106, and 446 only refers to an inmates inability to provide express and 447 informed consent for medical or mental health treatment and 448 services. 449 (4)Director means the Director for Mental Health 450 Services of the Department of Corrections or his or her 451 designee. 452 (5)In immediate need of care and treatment means that an 453 inmate is apparently mentally ill and is not able to be 454 appropriately cared for in the institution where he or she is 455 confined and that, but for being isolated in a more restrictive 456 and secure housing environment, because of the apparent mental 457 illness: 458 (a)1.The inmate is demonstrating a refusal to care for 459 himself or herself and without immediate treatment intervention 460 is likely to continue to refuse to care for himself or herself, 461 and such refusal poses an immediate, real, and present threat of 462 substantial harm to his or her well-being; or 463 2.There is an immediate, real, and present threat that the 464 inmate will inflict serious bodily harm on himself or herself or 465 another person, as evidenced by recent behavior involving 466 causing, attempting, or threatening such harm; 467 (b)The inmate is unable to determine for himself or 468 herself whether placement is necessary; and 469 (c)All available less restrictive treatment alternatives 470 that would offer an opportunity for improvement of the inmates 471 condition have been clinically determined to be inappropriate. 472 (7)(6)In need of care and treatment means that an inmate 473 has a mental illness for which inpatient services in a mental 474 health treatment facility are necessary and that, but for being 475 isolated in a more restrictive and secure housing environment, 476 because of the mental illness: 477 (a)But for being isolated in a more restrictive and secure 478 housing environment: 479 1.The inmate is demonstrating a refusal to care for 480 himself or herself and without treatment is likely to continue 481 to refuse to care for himself or herself, and such refusal poses 482 a real and present threat of substantial harm to his or her 483 well-being.; or 484 2.There is a substantial likelihood that in the near 485 future the inmate will inflict serious bodily harm on himself or 486 herself or another person, as evidenced by recent behavior 487 causing, attempting, or threatening such harm.; 488 (b)The inmate is incompetent to consent to treatment and 489 is unable or is refusing to provide express and informed consent 490 to treatment. 491 (c)(b)The inmate is unable to determine for himself or 492 herself whether placement is necessary; and 493 (d)(c)All available less restrictive treatment 494 alternatives that would offer an opportunity for improvement of 495 the inmates condition have been clinically determined to be 496 inappropriate. 497 (8)(7)Inmate means any person committed to the custody 498 of the Department of Corrections. 499 (9)Involuntary examination means a psychiatric 500 examination performed at a mental health treatment facility to 501 determine whether an inmate should be placed in the mental 502 health treatment facility for inpatient mental health treatment 503 and services. 504 (10)Likelihood of serious harm means: 505 (a)A substantial risk that the inmate will inflict serious 506 physical harm upon his or her own person, as evidenced by 507 threats or attempts to commit suicide or the actual infliction 508 of serious physical harm on self; 509 (b)A substantial risk that the inmate will inflict 510 physical harm upon another person, as evidenced by behavior 511 which has caused such harm or which places any person in 512 reasonable fear of sustaining such harm; or 513 (c)A reasonable degree of medical certainty that the 514 inmate will suffer serious physical or mental harm as evidenced 515 by the inmates recent behavior demonstrating an inability to 516 refrain from engaging in self-harm behavior. 517 (11)(8)Mental health treatment facility means any 518 extended treatment or hospitalization-level unit within the 519 corrections system which the Assistant Secretary for Health 520 Services of the department specifically designates by rule to 521 provide acute mental health psychiatric care and which may 522 include involuntary treatment and therapeutic intervention in 523 contrast to less intensive levels of care such as outpatient 524 mental health care, transitional mental health care, or crisis 525 stabilization care. The term does not include a forensic 526 facility as defined in s. 916.106. 527 (12)(9)Mental illness or mentally ill means an 528 impairment of the mental or emotional processes that exercise 529 conscious control of ones actions or of the ability to perceive 530 or understand reality, which impairment substantially interferes 531 with the persons ability to meet the ordinary demands of 532 living. However, for the purposes of transferring an inmate to a 533 mental health treatment facility, the term does not include a 534 developmental disability as defined in s. 393.063, simple 535 intoxication, or conditions manifested only by antisocial 536 behavior or substance abuse addiction. However, an individual 537 who is developmentally disabled may also have a mental illness. 538 (13)(10)Psychiatrist means a medical practitioner 539 licensed pursuant to chapter 458 or chapter 459 who has 540 primarily diagnosed and treated nervous and mental disorders for 541 a period of not less than 3 years inclusive of psychiatric 542 residency. 543 (14)(11)Psychological professional means a behavioral 544 practitioner who has an approved doctoral degree in psychology 545 as defined in s. 490.003(3)(b) s. 490.003(3) and is employed by 546 the department or who is licensed as a psychologist pursuant to 547 chapter 490. 548 (15)(12)Secretary means the Secretary of Corrections. 549 (16)(13)Transitional mental health care means a level of 550 care that is more intensive than outpatient care, but less 551 intensive than crisis stabilization care, and is characterized 552 by the provision of traditional mental health treatment and 553 services treatments such as group and individual therapy, 554 activity therapy, recreational therapy, and psychotropic 555 medications in the context of a secure, structured residential 556 setting. Transitional mental health care is indicated for an 557 inmate a person with chronic or residual symptomatology who does 558 not require crisis stabilization care or acute mental health 559 psychiatric care, but whose impairment in functioning 560 nevertheless renders him or her incapable of adjusting 561 satisfactorily within the general inmate population. 562 (17)Treatment means psychotropic medications prescribed 563 by a medical practitioner licensed pursuant to chapter 458 or 564 chapter 459, including those laboratory tests and related 565 medical procedures that are essential for the safe and effective 566 administration of a psychotropic medication and psychological 567 interventions and services, such as group and individual 568 psychotherapy, activity therapy, recreational therapy, and music 569 therapy. The term does not include forensic services for inmate 570 defendants who are incompetent to proceed as defined in s. 571 916.106. 572 (18)(14)Warden means the warden of a state corrections 573 facility or his or her designee. 574 Section 10.Section 13.Section 945.43, Florida Statutes, 575 is amended to read: 576 (Substantial rewording of section. See 577 s. 945.43, F.S., for present text.) 578 945.43Involuntary examination. 579 (1)If there is reason to believe that an inmate has a 580 mental illness and the inmate is in need of care and treatment, 581 the inmates treating clinician may refer the inmate to a mental 582 health treatment facility for an involuntary examination. Upon 583 referral, the warden of the facility where the inmate is housed 584 shall transfer the inmate to a mental health treatment facility. 585 (2)Upon arrival to the mental health treatment facility, 586 the inmate shall be examined by a psychiatrist and a second 587 psychiatrist or psychological professional to determine whether 588 the inmate is in need of care and treatment. 589 (3)If, after the examination, the inmate is determined to 590 be in need of care and treatment, the psychiatrist shall propose 591 a recommended course of treatment that is essential to the care 592 of the inmate, and the warden shall initiate proceedings for 593 placement of the inmate in the mental health treatment facility 594 and for involuntary treatment of the inmate as specified in s. 595 945.44. If the inmate is not in need of care and treatment, he 596 or she shall be transferred out of the mental health treatment 597 facility and provided with appropriate mental health services. 598 (4)The involuntary examination and initiation of court 599 proceedings for the placement and applicable involuntary 600 treatment of the inmate in the mental health treatment facility 601 shall be completed within 10 calendar days after arrival. 602 (5)The inmate may remain in the mental health treatment 603 facility pending a hearing after the timely filing of a petition 604 as described in s. 945.44. Pending a hearing, necessary 605 emergency treatment may be provided in the mental health 606 treatment facility upon the written order of a physician as 607 provided in s. 945.48. 608 Section 11.Section 945.44, Florida Statutes, is amended to 609 read: 610 (Substantial rewording of section. See 611 s. 945.44, F.S., for present text.) 612 945.44Placement and treatment of an inmate in a mental 613 health treatment facility. 614 (1)CRITERIA.An inmate may be placed in a mental health 615 treatment facility if he or she is mentally ill and is in need 616 of care and treatment. Involuntary mental health treatment that 617 is deemed to be essential for the appropriate care of the inmate 618 and the safety of the inmate or others may be provided at the 619 mental health treatment facility if the inmate is either gravely 620 disabled or presents a likelihood of serious harm. 621 (2)HEARING PROCEDURES FOR PETITIONS FOR PLACEMENT AND 622 TREATMENT. 623 (a)An inmate may be placed and involuntarily treated in a 624 mental health treatment facility after notice and hearing upon 625 the recommendation of the warden of the facility where the 626 inmate is confined. The warden of the institution where the 627 mental health treatment facility is located shall petition the 628 circuit court serving the county for an order authorizing the 629 placement and treatment of the inmate. The petition must be 630 supported by the expert opinion of at least one of the inmates 631 treating psychiatrists. 632 (b)The inmate shall be provided with a copy of the 633 petition along with the proposed treatment, the basis for the 634 proposed treatment, the names of the examining experts, and the 635 date, time, and location of the hearing. After considering the 636 public safety and security concerns presented by transporting 637 the inmate or in conducting onsite hearings, the court may order 638 that the hearing be conducted by electronic means or in person 639 at the facility or at another location designated by the court. 640 If the hearing is ordered by the court to be conducted at a 641 location other than the facility, the department is authorized 642 to transport the inmate to the location of the hearing. 643 (c)The inmate may have an attorney represent him or her at 644 the hearing, and, if the inmate is indigent, the court shall 645 appoint the office of the public defender or private counsel 646 pursuant to s. 27.40(1) to represent the inmate at the hearing. 647 An attorney representing the inmate shall have access to the 648 inmate and any records, including medical or mental health 649 records, which are relevant to the representation of the inmate. 650 (d)The hearing on the petition for involuntary placement 651 and treatment shall be held as expeditiously as possible after 652 the petition is filed, but no later than 14 calendar days after 653 filing. The court may appoint a general or special magistrate to 654 preside. The inmate may testify or not, as he or she chooses, 655 may cross-examine witnesses testifying on behalf of the 656 facility, and may present his or her own witnesses. 657 (e)The court may waive the presence of the inmate at the 658 hearing if the waiver is consistent with the best interests of 659 the inmate and the inmates counsel does not object. One of the 660 inmates physicians whose opinion supported the petition shall 661 appear as a witness at the hearing. 662 (f)If the court finds by clear and convincing evidence 663 that the inmate is mentally ill and in need of care and 664 treatment, the court shall order that he or she be placed in the 665 mental health treatment facility for a period not to exceed 6 666 months. 667 (g)On the issue of whether the court should authorize 668 treatment for which an inmate is unable or has refused to 669 provide express and informed consent, the court shall determine 670 by clear and convincing evidence whether: 671 1.The inmate is mentally ill. 672 2.The treatment is essential to the care of the inmate. 673 3.The treatment is not experimental and does not present 674 an unreasonable risk of serious, hazardous, or irreversible side 675 effects. 676 4.The inmate is gravely disabled or poses a likelihood of 677 serious harm. 678 5.The inmate is incompetent to consent to treatment. 679 (h)The court must consider at least all of the following: 680 1.The inmates expressed preference regarding treatment, 681 if the inmate is able to express a preference. 682 2.The probability of adverse side effects. 683 3.The prognosis for the inmate without treatment. 684 4.The prognosis for the inmate with treatment. 685 (3)ORDERS FOR TREATMENT.If the court finds by clear and 686 convincing evidence that the inmate is mentally ill and that the 687 inmate meets the criteria in subsection (2), the court shall 688 order that the inmate be involuntarily treated for a period not 689 to exceed 6 months, concurrent with an order for placement in 690 the mental health treatment facility. 691 (4)STATUS HEARINGS AND CONTINUING JURISDICTION.An order 692 authorizing involuntary placement and treatment must allow such 693 placement and treatment for a period not to exceed 6 months 694 following the date of the order. Unless the court is notified in 695 writing that the inmate has been discharged from the mental 696 health treatment facility because he or she is no longer in need 697 of care and treatment, has been transferred to another 698 institution of the department, or has been released from the 699 departments custody, the warden shall, before the expiration of 700 the initial order, file a notice with the court to set a status 701 hearing for an order authorizing the continuation of placement 702 and treatment for another period not to exceed 6 months. This 703 procedure shall be repeated until the inmate is no longer in 704 need of care and treatment. Placement and treatment may be 705 continued pending a hearing after the timely filing of any 706 petition. 707 (5)COPIES OF ORDERS.The court shall provide a copy of its 708 order authorizing placement and treatment along with all 709 supporting documentation relating to the inmates condition to 710 the warden of the mental health treatment facility. 711 (6)DISMISSAL OF PETITIONS.If the court finds that 712 criteria for placement and treatment are not satisfied, it shall 713 dismiss the petition and the inmate shall be transferred out of 714 the mental health treatment facility and provided with 715 appropriate mental health services. 716 Section 12.Section 945.45, Florida Statutes, is repealed. 717 Section 13.Present subsection (3) of section 945.46, 718 Florida Statutes, is renumbered as subsection (5) and amended, 719 and new subsections (3) and (4) are added to that section, to 720 read: 721 945.46Initiation of involuntary placement proceedings with 722 respect to a mentally ill inmate scheduled for release. 723 (3)The warden shall file, in the court in the county where 724 the inmate is located, petitions for involuntary inpatient 725 placement for inmates scheduled to be released. Upon filing, the 726 clerk of the court shall provide copies to the Department of 727 Children and Families, the inmate, and the state attorney and 728 public defender of the judicial circuit in which the inmate is 729 located. A fee may not be charged for the filing of a petition 730 under chapter 394. Within 1 court working day after the filing 731 of a petition for involuntary inpatient placement, the court 732 shall appoint the public defender to represent the inmate who is 733 the subject of the petition, unless the inmate is otherwise 734 represented by counsel. The clerk of the court shall immediately 735 notify the public defender of such appointment. Any attorney 736 representing the inmate shall have access to the inmate, 737 witnesses, and records relevant to the presentation of the 738 patients case and shall represent the interests of the inmate, 739 regardless of the source of payment to the attorney. The state 740 attorney for the circuit in which the inmate is located shall 741 represent the state, rather than the petitioning warden, as the 742 real party in interest in the proceeding. The remainder of the 743 proceedings shall be governed by chapter 394. 744 (4)After considering the public safety and security 745 concerns presented by transporting a mentally ill inmate or in 746 conducting an onsite hearing, the court may order that the 747 hearing be conducted by electronic means, at the facility in 748 person, or at another location designated by the court. If the 749 hearing is ordered by the court to be conducted at a location 750 other than the facility, the department is authorized to 751 transport the inmate to the location of the hearing. 752 (5)(3)The department may transport an individual who is 753 being released from its custody to a receiving or mental health 754 treatment facility for involuntary examination or placement. 755 Such transport shall be made to a facility that is specified by 756 the Department of Children and Families as able to meet the 757 specific needs of the individual. If the Department of Children 758 and Families does not specify a facility, transport shall may be 759 made to the nearest receiving facility. 760 Section 14.Section 945.47, Florida Statutes, is amended to 761 read: 762 945.47Discharge of inmate from mental health treatment. 763 (1)An inmate who has been placed in a mental health 764 treatment facility transferred for the purpose of mental health 765 treatment shall be discharged from treatment by the warden under 766 the following conditions: 767 (a)If the inmate is no longer in need of care and 768 treatment, as defined in s. 945.42, he or she may be transferred 769 out of the mental health treatment facility and provided with 770 appropriate mental health services; or 771 (b)If the inmates sentence expires during his or her 772 treatment, but he or she is no longer in need of care and 773 treatment as an inpatient, the inmate may be released with a 774 recommendation for outpatient treatment, pursuant to the 775 provisions of ss. 945.40-945.49. 776 (2)At any time that an inmate who has received mental 777 health treatment while in the custody of the department becomes 778 eligible for release under supervision or upon end of sentence, 779 a record of the inmates mental health treatment may be provided 780 to the Florida Commission on Offender Review and to the 781 Department of Children and Families to arrange postrelease 782 aftercare placement and to prospective recipient inpatient 783 health care or residential facilities upon request. The record 784 shall include, at a minimum, a summary of the inmates 785 diagnosis, length of stay in treatment, clinical history, 786 prognosis, prescribed medication, treatment plan, and 787 recommendations for aftercare services. 788 Section 15.Section 18.Section 945.48, Florida Statutes, 789 is amended to read: 790 (Substantial rewording of section. See 791 s. 945.48, F.S., for present text.) 792 945.48Emergency treatment orders and use of force. 793 (1)EMERGENCY MEDICATION.The department is authorized to 794 involuntarily administer psychotropic medication to an inmate on 795 an emergency basis without following the procedure outlined in 796 s. 945.43 only as specified in this section. An emergency 797 treatment order for psychotropic medication may be provided to 798 the inmate upon the written order of a physician licensed 799 pursuant to chapter 458 or chapter 459 in an emergency not 800 exceeding 72 hours, excluding weekends and legal holidays. An 801 emergency exists when an inmate with a mental illness presents 802 an immediate threat of: 803 (a)Bodily harm to self or others; or 804 (b)Extreme deterioration in behavioral functioning 805 secondary to the mental illness. 806 (2)PSYCHOTROPIC MEDICATION.Psychotropic medication may be 807 administered only when the medication constitutes an appropriate 808 treatment for a mental illness and its symptoms and alternative 809 treatments are not available or indicated, or would not be 810 effective. If after the 72-hour period the inmate has not given 811 express and informed consent to the medication initially 812 refused, the inmates treating physician shall refer the inmate 813 to a mental health treatment facility for an involuntary 814 examination in accordance with the procedures described in s. 815 945.43. Upon such referral, the warden shall, within 48 hours, 816 excluding weekends and legal holidays, transfer the inmate to a 817 mental health treatment facility. Upon transfer of the inmate 818 for an involuntary examination, the emergency treatment order 819 may be continued upon the written order of a physician as long 820 as the physician has determined that the emergency continues to 821 present a danger to the safety of the inmate or others and the 822 criteria described in this subsection are satisfied. If 823 psychotropic medication is still recommended after the 824 emergency, it may only be administered after following the 825 procedures outlined in s. 945.44. 826 (3)USE OF FORCE.An employee or agent of the department is 827 authorized to apply physical force upon an inmate when and to 828 the extent that it reasonably appears necessary to effectuate 829 the treatment of an inmate as described in this section, for the 830 application of psychiatric restraint, to effectuate clinically 831 necessary hygiene, or pursuant to a valid court order issued 832 under s. 945.44 or s. 945.485. The requirements of s. 944.35 833 shall be followed when using force to effectuate such treatment, 834 apply such restraint, or effectuate such hygiene. 835 Section 16.Section 945.485, Florida Statutes, is created 836 to read: 837 945.485Management and treatment for self-injurious 838 behaviors. 839 (1)The Legislature finds that nonsuicidal self-injurious 840 behaviors in correctional institutions, or acts intended to 841 cause bodily harm but not death, have increased in the 842 correctional environment. Self-injurious behavior may include 843 nonsuicidal self-injury or self-mutilation, such as cutting, 844 reopening wounds, and ingesting or inserting foreign objects or 845 dangerous instruments into the body. These behaviors pose a 846 significant threat to inmates, staff, and, in many cases, the 847 safe and secure operation of the correctional institution. In 848 addition, self-injurious behaviors, coupled with the inmates 849 repeated refusals to provide express and informed consent for 850 medical treatment and care, are a significant challenge for 851 correctional medical and mental health professionals, resulting 852 in higher costs for medical services, and may result in 853 inadvertent mortality in the incarcerated population. 854 (2)In accordance with s. 945.6042, the Legislature finds 855 that an inmate retains the fundamental right of self 856 determination regarding decisions pertaining to his or her own 857 health, including the right to choose or refuse medical 858 treatment or life-saving medical procedures. However, the 859 inmates right to privacy and decisionmaking regarding medical 860 treatment may be outweighed by compelling state interests. 861 (3)When an inmate is engaging in active or ongoing self 862 injurious behavior and has refused to provide express and 863 informed consent for treatment related to the self-injurious 864 behavior, the warden of the facility where the inmate is housed 865 shall consult with the inmates treating physician regarding the 866 inmates medical and mental health status, current medical and 867 mental health treatment needs, and competency to provide express 868 and informed consent for treatment. The warden shall also 869 determine whether the inmates self-injurious behavior presents 870 a danger to the safety of department staff or other inmates or 871 the security, internal order, or discipline of the institution. 872 (a)If the inmates treating physician determines that the 873 inmate has a mental illness and is incompetent to consent to 874 treatment, the physician shall proceed in accordance with s. 875 945.6042 for any necessary surgical or medical services. If the 876 inmate is in need of care and treatment as defined in s. 945.42, 877 the inmate shall be referred to a mental health treatment 878 facility for an involuntary examination in accordance with s. 879 945.44. 880 (b)If the inmate is competent, refusing necessary surgical 881 or medical treatment, and engaging in active or ongoing self 882 injurious behavior that presents a threat to the safety of 883 department staff or other inmates or the security, internal 884 order, or discipline of the institution, the warden shall follow 885 the procedure set forth in subsection (4). 886 (4)(a)The warden, or his or her designated representative, 887 shall, on behalf of the state, petition the circuit court of the 888 county in which the inmate is residing or the county in which 889 the inmate is hospitalized for an order compelling the inmate to 890 submit to emergency surgical intervention or other medical 891 services to the extent necessary to remedy the threat to the 892 safety of staff or other inmates or the security, internal 893 order, or discipline of the institution. The petition must be 894 supported by the expert opinion of at least one of the inmates 895 treating physicians and may be supported by other staff as 896 necessary. 897 (b)The inmate shall be provided with a copy of the 898 petition along with the proposed intervention, the basis for the 899 proposed intervention, the names of the testifying experts and 900 witnesses, and the date, time, and location of the hearing. 901 After considering the medical status of the inmate, public 902 safety, and security concerns presented by transporting the 903 inmate, the court may order that the hearing be conducted by 904 electronic means or in person at the institution or at another 905 location designated by the court. If the hearing is ordered by 906 the court to be conducted at a location other than the 907 institution, the department is authorized to transport the 908 inmate to the location of the hearing. 909 (c)The inmate may have an attorney represent him or her at 910 the hearing, and, if the inmate is indigent, the court shall 911 appoint the office of the public defender or private counsel 912 pursuant to s. 27.40(1) to represent the inmate at the hearing. 913 An attorney representing the inmate shall have access to the 914 inmate and any records, including medical or mental health 915 records, which are relevant to the representation of the inmate. 916 (d)The hearing on the petition shall be held as 917 expeditiously as possible after the petition is filed, but no 918 later than 5 calendar days after filing. The court may appoint a 919 general or special magistrate to preside. The inmate may testify 920 or not, as he or she chooses, may cross-examine witnesses 921 testifying on behalf of the institution, and may present his or 922 her own witnesses. 923 (e)The court may waive the presence of the inmate at the 924 hearing if the waiver is consistent with the best interests of 925 the inmate and the inmates counsel does not object. 926 (f)The court shall determine whether the warden has 927 established, by clear and convincing evidence, a compelling 928 state interest sufficient to outweigh the inmates right to 929 refuse treatment. The court shall consider all of the following: 930 1.Preservation of the life of the inmate. 931 2.Prevention of suicide. 932 3.Protection of innocent third parties. 933 4.Maintenance of the ethical integrity of the medical 934 profession. 935 5.Preservation of the security, internal order, or 936 discipline of the institution. 937 6.Rehabilitation of the inmate. 938 7.Any other compelling state interest. 939 (g)If the court determines that there are compelling state 940 interests sufficient to override the inmates right to refuse 941 treatment, the court shall enter an order authorizing emergency 942 surgical intervention or other medical services, narrowly 943 tailored and in the least intrusive manner possible, only as 944 necessary to remedy the threat to the safety of third parties or 945 the security, internal order, or discipline of the institution. 946 Emergency surgical intervention or other medical services 947 authorized by the court may be carried out at the institution or 948 at a licensed hospital, as applicable. 949 (5)This section does not repeal by implication any 950 provision of s. 766.103, the Florida Medical Consent Law, or s. 951 768.13, the Good Samaritan Act. For all purposes, the Florida 952 Medical Consent Law and the Good Samaritan Act shall be 953 considered alternatives to this section. 954 Section 17.Subsection (2) of section 945.49, Florida 955 Statutes, is amended to read: 956 945.49Operation and administration. 957 (2)RULES.The department, in cooperation with the Mental 958 Health Program Office of the Department of Children and 959 Families, shall adopt rules necessary for administration of ss. 960 945.40-945.49 in accordance with chapter 120. 961 Section 18.Section 945.6402, Florida Statutes, is created 962 to read: 963 945.6402Inmate health care advance directives. 964 (1)DEFINITIONS.The terms used in this section have the 965 same meanings as in s. 765.101 unless otherwise specified in 966 this section. For purposes of this section, the term: 967 (a)Health care facility has the same meaning as in s. 968 765.101 and includes any correctional institution or facility 969 where health care is provided. 970 (b)Incapacity or incompetent means an inmate is 971 physically or mentally unable to communicate a willful and 972 knowing health care decision. 973 (c)Informed consent means consent voluntarily given by 974 an inmate after a sufficient explanation and disclosure of the 975 subject matter involved to enable the inmate to have a general 976 understanding of the treatment or procedure and the medically 977 acceptable alternatives, including the substantial risks and 978 hazards inherent in the proposed treatment or procedures, and to 979 make a knowing health care decision without coercion or undue 980 influence. 981 (d)Inmate means any person committed to the custody of 982 the department. 983 (e)Ombudsman means an individual designated and 984 specifically trained by the department to identify conditions 985 that may pose a threat to the rights, health, safety, and 986 welfare of inmates in a health care facility and who may be 987 appointed to serve as a proxy for an inmate who is physically or 988 mentally unable to communicate a willful and knowing health care 989 decision. 990 (f)Proxy means a competent adult who has not been 991 expressly designated to make health care decisions for a 992 particular incapacitated inmate, but who, nevertheless, is 993 authorized pursuant to s. 765.401 and as specified in this 994 section to make health care decisions for such inmate. 995 (g)Proxy review team means a team of at least five 996 members, appointed by the Assistant Secretary for Health 997 Services. The team shall be composed of, at a minimum, one 998 physician licensed pursuant to chapter 458 or chapter 459, one 999 psychologist licensed pursuant to chapter 490, one nurse 1000 licensed pursuant to chapter 464, and one department chaplain. 1001 (2)LEGISLATIVE FINDINGS AND INTENT.- 1002 (a)In accordance with chapter 765, the Legislature finds 1003 that an inmate retains the fundamental right of self 1004 determination regarding decisions pertaining to his or her own 1005 health, including the right to choose or refuse medical 1006 treatment. In accordance with chapter 765, this right is subject 1007 to certain institutional interests, including the protection of 1008 human life, the preservation of ethical standards in the medical 1009 profession, and, for inmates committed to the custody of the 1010 department, the security and good order of the institutional 1011 setting. 1012 (b)To ensure that such right is not lost or diminished by 1013 virtue of later physical or mental incapacity, the Legislature 1014 intends that the procedures specified in chapter 765, and as 1015 modified in this section for the institutional health care 1016 setting, apply to incarcerated inmates. These procedures should 1017 be less expensive and less restrictive than guardianship and 1018 allow an inmate to plan for incapacity by executing a document 1019 or orally designating another person to direct the course of his 1020 or her health care or receive his or her health information, or 1021 both, upon his or her incapacity. These procedures permit a 1022 previously incapacitated inmate to exercise his or her full 1023 right to make health care decisions as soon as the capacity to 1024 make such decisions has been regained. 1025 (c)In order to ensure that the rights and intentions of an 1026 inmate are respected when the inmate is not able to participate 1027 actively in decisions concerning himself or herself, and to 1028 encourage communication among such inmate, his or her family, 1029 and his or her treating physicians, the Legislature declares 1030 that the laws of this state recognize the right of a competent 1031 incarcerated adult to make an advance directive instructing his 1032 or her physicians to provide, withhold, or withdraw life 1033 prolonging procedures or to designate another person to make the 1034 health care decision for him or her in the event that such 1035 incarcerated person should become incapacitated and unable to 1036 personally direct his or her health care. It is further the 1037 intent of the Legislature that the department provide the 1038 opportunity for inmates to make advance directives as specified 1039 in this section. 1040 (d)The Legislature further recognizes that incarcerated 1041 inmates may not avail themselves of the opportunity to make an 1042 advance directive or, because of incarceration, may not have a 1043 surrogate, as defined in s. 765.101, willing, able, or 1044 reasonably available to make health care decisions on their 1045 behalf. Additionally, because of incarceration, the individuals 1046 designated in s. 765.401 who are eligible to serve as an 1047 appointed proxy may not be reasonably available, willing, or 1048 competent to make health care decisions for the inmate in the 1049 event of incapacity. Thus, it is the intent of the Legislature 1050 that the department have an efficient process that is less 1051 expensive and less restrictive than guardianship for the 1052 appointment of a proxy to allow for the expedient delivery of 1053 necessary health care to an incarcerated inmate. 1054 (e)This section does not supersede the process for inmate 1055 involuntary mental health treatment in ss. 945.40-945.49. 1056 (3)CAPACITY OF INMATE; PROCEDURE. 1057 (a)An inmate is presumed to be capable of making health 1058 care decisions for himself or herself unless he or she is 1059 determined to be incapacitated. When an inmate has 1060 decisionmaking capacity, the inmates wishes are controlling. 1061 Each physician or health care provider must clearly communicate 1062 the treatment plan and any change to the treatment plan before 1063 implementation of the plan or any change to the plan. Incapacity 1064 may not be inferred from an inmates involuntary hospitalization 1065 for mental illness or from his or her intellectual disability. 1066 (b)If an inmates capacity to make health care decisions 1067 for himself or herself or provide informed consent is in 1068 question, the inmates treating physician at the health care 1069 facility where the inmate is located shall evaluate the inmates 1070 capacity and, if the evaluating physician concludes that the 1071 inmate lacks capacity, enter that evaluation in the inmates 1072 medical record. If the evaluating physician has a question as to 1073 whether the inmate lacks capacity, another physician shall also 1074 evaluate the inmates capacity, and if the second physician 1075 finds that the inmate lacks the capacity to make health care 1076 decisions for himself or herself or provide informed consent, 1077 both physicians evaluations shall be entered in the inmates 1078 medical record. 1079 (c)If the inmate is found to be incapacitated and has 1080 designated a health care surrogate in accordance with chapter 1081 765, the institutions or facilitys health care staff shall 1082 notify the surrogate and proceed as specified in chapter 765. If 1083 the incapacitated inmate has not designated a health care 1084 surrogate, the health care facility shall appoint a proxy to 1085 make health care decisions for the inmate as specified in this 1086 section. 1087 (d)A determination made pursuant to this section that an 1088 inmate lacks the capacity to make health care decisions for 1089 himself or herself may not be construed as a finding that an 1090 inmate lacks capacity for any other purpose. 1091 (4)HEALTH CARE ADVANCE DIRECTIVE; PROCEDURE. 1092 (a)In accordance with chapter 765, the department shall 1093 offer inmates the opportunity to execute an advance directive as 1094 defined in s. 765.101. 1095 (b)The department shall provide to each inmate written 1096 information concerning advance directives and necessary forms to 1097 allow inmates to execute an advance directive. The department 1098 and its health care providers shall document in the inmates 1099 medical records whether the inmate has executed an advance 1100 directive. Neither the department nor its health care providers 1101 may require an inmate to execute an advance directive using the 1102 departments forms. The inmates advance directive shall travel 1103 with the inmate within the department as part of the inmates 1104 medical record. 1105 (c)An advance directive may be amended or revoked at any 1106 time by a competent inmate by means of: 1107 1.A signed, dated writing of intent to amend or revoke; 1108 2.The physical cancellation or destruction of the advance 1109 directive by the inmate or by another person in the inmates 1110 presence and at the inmates direction; 1111 3.An oral expression of intent to amend or revoke; or 1112 4.A subsequently executed advance directive that is 1113 materially different from a previously executed advance 1114 directive. 1115 (5)PROXY. 1116 (a)If an incapacitated inmate has not executed an advance 1117 directive, or designated a health care surrogate in accordance 1118 with the procedures specified in chapter 765 or the designated 1119 health care surrogate is no longer available to make health care 1120 decisions, health care decisions may be made for the inmate by 1121 any of the individuals specified in the priority order provided 1122 in s. 765.401(1)(a)-(g) as proxy. Documentation of the efforts 1123 to locate a proxy from the classes specified in s. 1124 765.401(1)(a)-(g) shall be recorded in the inmates medical 1125 file. 1126 (b)If there are no individuals as specified in s. 1127 765.401(1)(a)-(g) available, willing, or competent to act on 1128 behalf of the inmate, and the inmate is housed in a correctional 1129 institution or facility where health care is provided in a 1130 nonhospital setting, the warden of the institution where the 1131 inmate is housed, or the wardens designee, shall consult with 1132 the Assistant Secretary for Health Services or his or her 1133 designee, who shall appoint a department ombudsman to serve as 1134 the proxy. This appointment terminates when the inmate regains 1135 capacity or is no longer incarcerated in the custody of the 1136 department. In accordance with chapter 765 and as provided in 1137 this section, decisions to withhold or withdraw life-prolonging 1138 procedures will be reviewed by the departments proxy review 1139 team for compliance with chapter 765 and the requirements of 1140 this section. 1141 (c)The ombudsman appointed to serve as the proxy is 1142 authorized to request the assistance of the treating physician 1143 and, upon request, a second physician not involved in the 1144 inmates care to assist the proxy in evaluating the inmates 1145 treatment. 1146 (d)In accordance with chapter 765, any health care 1147 decision made by any appointed proxy under this section must be 1148 based on the proxys informed consent and on the decision that 1149 the proxy reasonably believes the inmate would have made under 1150 the circumstances. If there is no indication of what decision 1151 the inmate would have made, the proxy may consider the inmates 1152 best interest in deciding that proposed treatments are to be 1153 withheld or that treatments currently in effect are to be 1154 withdrawn. 1155 (e)Before exercising the incapacitated inmates rights to 1156 select or decline health care, the proxy must comply with ss. 1157 765.205 and 765.305, except that any proxys decision to 1158 withhold or withdraw life-prolonging procedures must be 1159 supported by clear and convincing evidence that the decision 1160 would have been the one the inmate would have made had he or she 1161 been competent or, if there is no indication of what decision 1162 the inmate would have made, that the decision is in the inmates 1163 best interest. 1164 (f)Notwithstanding s. 456.057 and pursuant to s. 945.10 1165 and 45 C.F.R. part 164, subpart E, relevant protected health 1166 information and mental health and medical records of an 1167 incapacitated inmate may be disclosed to a proxy appointed to 1168 make health care decisions for an inmate. 1169 (6)USE OF FORCE.In addition to s. 944.35(1), an employee 1170 of the department may apply reasonable physical force upon an 1171 incapacitated inmate to administer medical treatment only by or 1172 under the clinical supervision of a physician or his or her 1173 designee and only to carry out a health care decision made in 1174 accordance with this section and chapter 765. 1175 (7)IMMUNITY FROM LIABILITY.A department health care 1176 provider, ombudsman, or other employee who acts under the 1177 direction of a health care provider as authorized in this 1178 section or chapter 765 is not subject to criminal prosecution or 1179 civil liability and may not be deemed to have engaged in 1180 unprofessional conduct as a result of carrying out a health care 1181 decision made in accordance with this section or chapter 765 on 1182 an inmates behalf. 1183 Section 19.Section 947.02, Florida Statutes, is amended to 1184 read: 1185 947.02Florida Commission on Offender Review; members, 1186 appointment. 1187 (1)Except as provided in s. 947.021, the members of the 1188 Florida Commission on Offender Review shall be directly 1189 appointed by the Governor and Cabinet from a list of eligible 1190 applicants submitted by a parole qualifications committee. The 1191 appointments of members of the commission shall be certified to 1192 the Senate by the Governor and Cabinet for confirmation, and the 1193 membership of the commission shall include representation from 1194 minority persons as defined in s. 288.703. 1195 (2)A parole qualifications committee shall consist of five 1196 persons who are appointed by the Governor and Cabinet. One 1197 member shall be designated as chair by the Governor and Cabinet. 1198 The committee shall provide for statewide advertisement and the 1199 receiving of applications for any position or positions on the 1200 commission and shall devise a plan for the determination of the 1201 qualifications of the applicants by investigations and 1202 comprehensive evaluations, including, but not limited to, 1203 investigation and evaluation of the character, habits, and 1204 philosophy of each applicant. Each parole qualifications 1205 committee shall exist for 2 years. If additional vacancies on 1206 the commission occur during this 2-year period, the committee 1207 may advertise and accept additional applications; however, all 1208 previously submitted applications shall be considered along with 1209 the new applications according to the previously established 1210 plan for the evaluation of the qualifications of applicants. 1211 (3)Within 90 days before an anticipated vacancy by 1212 expiration of term pursuant to s. 947.03 or upon any other 1213 vacancy, the Governor and Cabinet shall appoint a parole 1214 qualifications committee if one has not been appointed during 1215 the previous 2 years. The committee shall consider applications 1216 for the commission seat, including the application of an 1217 incumbent commissioner if he or she applies, according to 1218 subsection (2). The committee shall submit a list of three 1219 eligible applicants, which may include the incumbent if the 1220 committee so decides, without recommendation, to the Governor 1221 and Cabinet for appointment to the commission. In the case of an 1222 unexpired term, the appointment must be for the remainder of the 1223 unexpired term and until a successor is appointed and qualified. 1224 If more than one seat is vacant, the committee shall submit a 1225 list of eligible applicants, without recommendation, containing 1226 a number of names equal to three times the number of vacant 1227 seats; however, the names submitted may not be distinguished by 1228 seat, and each submitted applicant shall be considered eligible 1229 for each vacancy. 1230 (4)Upon receiving a list of eligible persons from the 1231 parole qualifications committee, the Governor and Cabinet may 1232 reject the list. If the list is rejected, the committee shall 1233 reinitiate the application and examination procedure according 1234 to subsection (2). 1235 (5)Section 120.525 and chapters 119 and 286 apply to all 1236 activities and proceedings of a parole qualifications committee. 1237 Section 20.Section 947.021, Florida Statutes, is amended 1238 to read: 1239 947.021Florida Commission on Offender Review; expedited 1240 appointments.Whenever the Legislature decreases the membership 1241 of the commission, all terms of office shall expire, 1242 notwithstanding any law to the contrary. Under such 1243 circumstances, the Governor and Cabinet shall expedite the 1244 appointment of commissioners. Pursuant to Notwithstanding the 1245 parole qualifications committee procedure in s. 947.02, members 1246 shall be directly appointed by the Governor and Cabinet. Members 1247 appointed to the commission may be selected from incumbents. 1248 Members shall be certified to the Senate by the Governor and 1249 Cabinet for confirmation, and the membership of the commission 1250 shall include representation from minority persons as defined in 1251 s. 288.703. 1252 Section 21.Subsection (2) of section 947.12, Florida 1253 Statutes, is amended to read: 1254 947.12Members, employees, expenses. 1255 (2)The members of the examining board created in s. 947.02 1256 shall each be paid per diem and travel expenses pursuant to s. 1257 112.061 when traveling in the performance of their duties. 1258 Section 22.Paragraph (g) of subsection (1) and subsection 1259 (5) of section 957.04, Florida Statutes, are amended to read: 1260 957.04Contract requirements. 1261 (1)A contract entered into under this chapter for the 1262 operation of contractor-operated correctional facilities shall 1263 maximize the cost savings of such facilities and: 1264 (g)Require the contractor to be responsible for a range of 1265 dental, medical, and psychological services; diet; education; 1266 and work programs at least equal to those provided by the 1267 department in comparable facilities. The work and education 1268 programs must be designed to reduce recidivism, and include 1269 opportunities to participate in such work programs as authorized 1270 pursuant to s. 946.523. However, with respect to the dental, 1271 medical, psychological, and dietary services, the department is 1272 authorized to exclude any or all of these services from a 1273 contract for private correctional services entered into under 1274 this chapter and retain responsibility for the delivery of those 1275 services, whenever the department finds it to be in the best 1276 interests of the state. 1277 (5)Each contract entered into by the department must 1278 include substantial minority participation unless demonstrated 1279 by evidence, after a good faith effort, as impractical and must 1280 also include any other requirements the department considers 1281 necessary and appropriate for carrying out the purposes of this 1282 chapter. 1283 Section 23.Subsection (3) of section 957.09, Florida 1284 Statutes, is amended to read: 1285 957.09Applicability of chapter to other provisions of 1286 law. 1287 (3)The provisions of law governing the participation of 1288 minority business enterprises are applicable to this chapter. 1289 Section 24.This act shall take effect July 1, 2025.