Florida Senate - 2025 CS for SB 1604 By the Committee on Criminal Justice; and Senator Martin 591-02845-25 20251604c1 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 period of limitation for 8 bringing certain actions relating to 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.; exempting certain persons 27 working for the Department of Corrections or the 28 Department of Juvenile Justice, and persons authorized 29 pursuant to a court order, from provisions regulating 30 the use of tracking devices or tracking applications; 31 amending s. 945.41, F.S.; revising legislative intent; 32 revising provisions relating to mental health 33 treatment for inmates; providing that an inmate must 34 give his or her express and informed consent to such 35 treatment; specifying information an inmate must 36 receive regarding treatment; authorizing the warden to 37 authorize certain emergency medical treatment under 38 the direction of the inmates attending physician 39 under certain circumstances; amending s. 945.42, F.S.; 40 revising and providing definitions; amending s. 41 945.43, F.S.; revising provisions concerning 42 involuntary examinations; amending s. 945.44, F.S.; 43 revising provisions concerning involuntary placement 44 and treatment of an inmate in a mental health 45 treatment facility; repealing s. 945.45, F.S., 46 relating to continued placement of inmates in mental 47 health treatment facilities; amending s. 945.46, F.S.; 48 providing requirements for filing petitions for 49 involuntary inpatient placement for certain inmates; 50 authorizing the court to order alternative means and 51 venues for certain hearings; requiring, rather than 52 authorizing, inmates to be transported to the nearest 53 receiving facility in certain circumstances; amending 54 s. 945.47, F.S.; specifying purposes for which an 55 inmates mental health treatment records may be 56 provided to the Florida Commission on Offender Review 57 and the Department of Children and Families; 58 authorizing such records to be provided to certain 59 facilities upon request; amending s. 945.48, F.S.; 60 substantially revising provisions relating to 61 emergency treatment orders and use of force and 62 providing requirements for such orders and use of 63 force; providing requirements for emergency and 64 psychotropic medications and use of force; creating s. 65 945.485, F.S.; providing legislative findings; 66 providing requirements for management of and treatment 67 for an inmates self-injurious behaviors; requiring 68 facility wardens to consult with an inmates treating 69 physician in certain circumstances and make certain 70 determinations; providing for petitions to compel an 71 inmate to submit to medical treatment in certain 72 circumstances; providing construction; amending s. 73 945.49, F.S.; deleting a requirement that the 74 Department of Corrections adopt certain rules in 75 cooperation with the Mental Health Program Office of 76 the Department of Children and Families; creating s. 77 945.6402, F.S.; providing definitions; providing 78 legislative findings and intent; providing 79 requirements for inmate capacity, health care advance 80 directives, and proxies; authorizing the use of force 81 on incapacitated inmates in certain circumstances; 82 providing immunity from liability for certain persons 83 in certain circumstances; amending s. 947.02, F.S.; 84 revising the manner in which the membership of the 85 Florida Commission on Offender Review is appointed; 86 repealing s. 947.021, F.S., relating to expedited 87 appointments of the Florida Commission on Offender 88 Review; amending s. 947.12, F.S.; conforming 89 provisions to changes made by the act; amending s. 90 957.04, F.S.; revising requirements for contracting 91 for certain services; amending s. 957.09, F.S.; 92 deleting a provision relating to minority business 93 enterprises; amending s. 20.32, F.S.; conforming 94 provisions to changes made by the act; providing an 95 effective date. 96 97 Be It Enacted by the Legislature of the State of Florida: 98 99 Section 1.Subsection (10) of section 57.085, Florida 100 Statutes, is amended to read: 101 57.085Deferral of prepayment of court costs and fees for 102 indigent prisoners. 103 (10)With the exception of challenges to prison 104 disciplinary reports, this section does not apply to a criminal 105 proceeding or a collateral criminal proceeding. 106 Section 2.Paragraph (b) of subsection (2) and paragraphs 107 (f) and (g) of subsection (6) of section 95.11, Florida 108 Statutes, are amended to read: 109 95.11Limitations other than for the recovery of real 110 property.Actions other than for recovery of real property shall 111 be commenced as follows: 112 (2)WITHIN FIVE YEARS. 113 (b)A legal or equitable action on a contract, obligation, 114 or liability founded on a written instrument, except for an 115 action to enforce a claim against a payment bond, which shall be 116 governed by the applicable provisions of paragraph (6)(e), s. 117 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an 118 action for a deficiency judgment governed by paragraph (6)(g) 119 (6)(h). 120 (6)WITHIN ONE YEAR. 121 (f)Except for actions described in subsection (9), or a 122 petition challenging a criminal conviction, all petitions; 123 extraordinary writs; tort actions, including those under s. 124 768.28(14); or other actions which concern any condition of 125 confinement of a prisoner a petition for extraordinary writ, 126 other than a petition challenging a criminal conviction, filed 127 by or on behalf of a prisoner as defined in s. 57.085. Any 128 petition, writ, or action brought under this paragraph must be 129 commenced within 1 year after the time the incident, conduct, or 130 conditions occurred or within 1 year after the time the 131 incident, conduct, or conditions were discovered, or should have 132 been discovered. 133 (g)Except for actions described in subsection (9), an 134 action brought by or on behalf of a prisoner, as defined in s. 135 57.085, relating to the conditions of the prisoners 136 confinement. 137 Section 3.Section 760.701, Florida Statutes, is created to 138 read: 139 760.701Lawsuits by prisoners. 140 (1)For the purposes of this section, the term prisoner 141 means any person incarcerated or detained in any jail, prison, 142 or other correctional facility who is accused of, convicted of, 143 sentenced for, or adjudicated delinquent for violations of 144 criminal law or the terms and conditions of parole, probation, 145 pretrial release, or a diversionary program. 146 (2)An action may not be brought by or on behalf of a 147 prisoner relating to the conditions of the prisoners 148 confinement under 42 U.S.C. s. 1983, or any other state or 149 federal law, until such administrative remedies as are available 150 are fully exhausted. 151 (3)The court shall on its own motion or on the motion of a 152 party dismiss any action brought relating to the conditions of 153 the prisoners confinement under 42 U.S.C. s. 1983, or any other 154 state or federal law, by a prisoner if the court is satisfied 155 that the action is frivolous, malicious, fails to state a claim 156 upon which relief can be granted, or seeks monetary relief from 157 a defendant who is immune from such relief. The court shall 158 review any such action pursuant to s. 57.085(6). 159 (4)An action may not be brought in state court by or on 160 behalf of a prisoner relating to the conditions of the 161 prisoners confinement under 42 U.S.C. s. 1983, or any state 162 tort action, for mental or emotional injury suffered while in 163 custody without a prior showing of physical injury or the 164 commission of a sexual act as defined in 18 U.S.C. s. 2246(2). 165 (5)The time for bringing an action that concerns any 166 condition of confinement of a prisoner shall be the limitations 167 period as described in s. 95.11(6)(f). 168 Section 4.Paragraph (d) of subsection (2) of section 169 775.087, Florida Statutes, is amended, paragraph (e) is added to 170 that subsection, and paragraph (a) of that subsection is 171 republished, to read: 172 775.087Possession or use of weapon; aggravated battery; 173 felony reclassification; minimum sentence. 174 (2)(a)1.Any person who is convicted of a felony or an 175 attempt to commit a felony, regardless of whether the use of a 176 weapon is an element of the felony, and the conviction was for: 177 a.Murder; 178 b.Sexual battery; 179 c.Robbery; 180 d.Burglary; 181 e.Arson; 182 f.Aggravated battery; 183 g.Kidnapping; 184 h.Escape; 185 i.Aircraft piracy; 186 j.Aggravated child abuse; 187 k.Aggravated abuse of an elderly person or disabled adult; 188 l.Unlawful throwing, placing, or discharging of a 189 destructive device or bomb; 190 m.Carjacking; 191 n.Home-invasion robbery; 192 o.Aggravated stalking; 193 p.Trafficking in cannabis, trafficking in cocaine, capital 194 importation of cocaine, trafficking in illegal drugs, capital 195 importation of illegal drugs, trafficking in phencyclidine, 196 capital importation of phencyclidine, trafficking in 197 methaqualone, capital importation of methaqualone, trafficking 198 in amphetamine, capital importation of amphetamine, trafficking 199 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 200 (GHB), trafficking in 1,4-Butanediol, trafficking in 201 Phenethylamines, or other violation of s. 893.135(1); 202 q.Possession of a firearm by a felon; or 203 r.Human trafficking 204 205 and during the commission of the offense, such person actually 206 possessed a firearm or destructive device as those terms are 207 defined in s. 790.001, shall be sentenced to a minimum term of 208 imprisonment of 10 years, except that a person who is convicted 209 for possession of a firearm by a felon or burglary of a 210 conveyance shall be sentenced to a minimum term of imprisonment 211 of 3 years if such person possessed a firearm or destructive 212 device during the commission of the offense. However, if an 213 offender who is convicted of the offense of possession of a 214 firearm by a felon has a previous conviction of committing or 215 attempting to commit a felony listed in s. 775.084(1)(b)1. and 216 actually possessed a firearm or destructive device during the 217 commission of the prior felony, the offender shall be sentenced 218 to a minimum term of imprisonment of 10 years. 219 2.Any person who is convicted of a felony or an attempt to 220 commit a felony listed in sub-subparagraphs 1.a.-p. or sub 221 subparagraph 1.r., regardless of whether the use of a weapon is 222 an element of the felony, and during the course of the 223 commission of the felony such person discharged a firearm or 224 destructive device as defined in s. 790.001 shall be sentenced 225 to a minimum term of imprisonment of 20 years. 226 3.Any person who is convicted of a felony or an attempt to 227 commit a felony listed in sub-subparagraphs 1.a.-p. or sub 228 subparagraph 1.r., regardless of whether the use of a weapon is 229 an element of the felony, and during the course of the 230 commission of the felony such person discharged a firearm or 231 destructive device as defined in s. 790.001 and, as the result 232 of the discharge, death or great bodily harm was inflicted upon 233 any person, the convicted person shall be sentenced to a minimum 234 term of imprisonment of not less than 25 years and not more than 235 a term of imprisonment of life in prison. 236 (d)It is the intent of the Legislature that offenders who 237 actually possess, carry, display, use, threaten to use, or 238 attempt to use firearms or destructive devices be punished to 239 the fullest extent of the law, and the minimum terms of 240 imprisonment imposed pursuant to this subsection shall be 241 imposed for each qualifying felony count for which the person is 242 convicted. The court shall impose any term of imprisonment 243 provided for in this subsection consecutively to any other term 244 of imprisonment imposed for any other felony offense. 245 (e)If a conviction enumerated in subparagraph (a)1. is 246 committed in conjunction with any other felony offense, the 247 court may impose any term of imprisonment provided for in this 248 subsection consecutively to any other term of imprisonment 249 imposed for any other felony offense. 250 Section 5.Section 922.10, Florida Statutes, is amended to 251 read: 252 922.10Execution of death sentence; executioner.A death 253 sentence shall be executed by electrocution, or lethal 254 injection, or a method not deemed unconstitutional nor cruel and 255 unusual in accordance with s. 922.105. The warden of the state 256 prison shall designate the executioner. The warrant authorizing 257 the execution shall be read to the convicted person immediately 258 before execution. 259 Section 6.Subsection (3) of section 922.105, Florida 260 Statutes, is amended to read: 261 922.105Execution of death sentence; prohibition against 262 reduction of death sentence as a result of determination that a 263 method of execution is unconstitutional. 264 (3)If electrocution or lethal injection is held to be 265 unconstitutional or cruel and unusual by the Florida Supreme 266 Court under the State Constitution, or held to be 267 unconstitutional or cruel and unusual by the United States 268 Supreme Court under the United States Constitution, or if the 269 United States Supreme Court declines to review any judgment 270 holding a method of execution to be unconstitutional or cruel 271 and unusual under the United States Constitution made by the 272 Florida Supreme Court or the United States Court of Appeals that 273 has jurisdiction over Florida, or if the acquisition of 274 chemicals necessary for lethal injection by the department 275 becomes impossible or impractical, all persons sentenced to 276 death for a capital crime shall be executed by a method not 277 deemed unconstitutional nor cruel and unusual any constitutional 278 method of execution. 279 Section 7.Present paragraphs (b) through (e) of subsection 280 (4) of section 934.425, Florida Statutes, are redesignated as 281 paragraphs (e) through (h), respectively, and new paragraphs 282 (b), (c), and (d) are added to that subsection, to read: 283 934.425Installation or use of tracking devices or tracking 284 applications; exceptions; penalties. 285 (4)This section does not apply to: 286 (b)A correctional officer, a correctional probation 287 officer, or any other officer or support personnel, as those 288 terms are defined in s. 943.10, of the Department of Corrections 289 who lawfully installs, places, or uses a tracking device or 290 tracking application on a person in his or her care, custody, or 291 control and in the course and scope of his or her employment. 292 (c)A juvenile probation officer, an authorized agent or 293 designee, or delinquency program staff, as those terms are 294 defined in s. 985.03, of the Department of Juvenile Justice who 295 lawfully installs, places, or uses a tracking device or tracking 296 application on a person in his or her care, custody, or control 297 and in the course and scope of his or her employment. 298 (d)A person authorized to install, place, or use a 299 tracking device or tracking application pursuant to a court 300 order. 301 Section 8.Section 945.41, Florida Statutes, is amended to 302 read: 303 945.41Mental health treatment for inmates; legislative 304 intent of ss. 945.40-945.49. 305 (1)INTENT.It is the intent of the Legislature that: 306 (a)mentally ill Inmates in the custody of the department 307 who have a mental illness of Corrections receive an evaluation 308 and appropriate treatment for their mental illness through a 309 continuum of outpatient and inpatient mental health treatment 310 and services. 311 (b)The department is authorized to purchase treatment 312 materials and equipment to support inmate rehabilitation; to 313 ameliorate disabling mental symptoms associated with impairment 314 in behavioral functioning, sensory and motor skills, and impulse 315 control; and to improve adaptive coping skills consistent with 316 the departments jurisdiction as described in s. 945.025. 317 (c)Sections 945.40-945.49 do not supplement, amend, or 318 change the responsibilities of the Department of Children and 319 Families pursuant to chapter 916, the Forensic Client Services 320 Act, which governs forensic services for persons who are 321 incompetent to proceed as defined in s. 916.106. 322 (2)INDIVIDUAL DIGNITY AND TREATMENT. 323 (a)An inmate in the custody of the department shall be 324 offered treatment that is suited to his or her needs as 325 determined by health care staff. 326 (b)The department shall provide mental health treatment 327 and services to inmates and may contract with any entities, 328 persons, or agencies qualified to provide such treatment and 329 services. 330 (c)Inmates receiving mental health treatment and services 331 shall be offered the opportunity to participate in the 332 development of a written individualized treatment plan and be 333 provided a copy of such plan before its implementation. It is 334 further the intent of the Legislature that: 335 (d)(1)Inmates in the custody of the department who have 336 mental illnesses that require hospitalization and intensive 337 mental health psychiatric inpatient treatment and services or 338 care shall be offered receive appropriate treatment or care in 339 an inpatient setting Department of Corrections mental health 340 treatment facilities designated for that purpose. Inmates who 341 have mental illnesses that require intensive hospitalization 342 level mental health inpatient treatment and services shall be 343 transferred to a department mental health treatment facility 344 designated for that purpose The Department of Corrections shall 345 provide mental health services to inmates committed to it and 346 may contract with any entities, persons, or agencies qualified 347 to provide such services. 348 (e)(2)Mental health treatment facilities shall be secure 349 and adequately equipped and staffed for the provision of mental 350 health treatment and services. Inmates shall be offered the 351 least restrictive appropriate available treatment and services 352 based on their assessed needs and best interests and consistent 353 with improvement of their condition for facilitation of 354 appropriate adjustment within the correctional environment 355 services and that, to the extent possible, such services be 356 provided in the least restrictive manner consistent with optimum 357 improvement of the inmates condition. 358 (3)EXPRESS AND INFORMED CONSENT. 359 (a)A mentally competent inmate offered mental health 360 treatment within the department shall give his or her express 361 and informed consent for such treatment. Before giving such 362 consent, the following information shall be provided and 363 explained in plain language to the inmate: 364 1.The proposed treatment. 365 2.The purpose of the treatment. 366 3.The common risks, benefits, and side effects of the 367 treatment and the specific dosage range for a medication, if 368 applicable. 369 4.Alternative treatment modalities. 370 5.The approximate length of treatment. 371 6.The potential effects of stopping treatment. 372 7.How treatment will be monitored. 373 8.That any consent given for treatment may be revoked 374 orally or in writing before or during the treatment period by 375 the inmate or by a person legally authorized to make health care 376 decisions on behalf of the inmate. 377 (b)Inmates who are determined to be incompetent to consent 378 to treatment shall receive treatment deemed to be necessary for 379 their appropriate care and for the safety of the inmate or 380 others in accordance with the procedures established in ss. 381 945.40-945.49. 382 (4)(3)PAROLE.Inmates who are transferred to any facility 383 for the purpose of mental health treatment and services shall be 384 given consideration for parole and be eligible for release by 385 reason of gain-time allowances as provided in s. 944.291 and 386 release by expiration of sentence, consistent with guidelines 387 established for that purpose by the department. 388 (5)(4)YOUTHFUL OFFENDERS.Any inmate sentenced as a 389 youthful offender, or designated as a youthful offender by the 390 department under chapter 958, who is transferred pursuant to 391 this act to a mental health treatment facility shall be 392 separated from other inmates, if necessary, as determined by the 393 warden of the mental health treatment facility. 394 (6)(5)TREATMENT FACILITIES.The department may designate 395 mental health treatment facilities for adult, youthful, and 396 female offenders or may contract with other appropriate 397 entities, persons, or agencies for such services. 398 (7)EMERGENCY MEDICAL TREATMENT.Notwithstanding any other 399 provision of this section, when the express and informed consent 400 of an inmate placed in a mental health treatment facility in 401 accordance with s. 945.44 cannot be obtained or the inmate is 402 incompetent to consent to treatment, the warden of a mental 403 health treatment facility, or his or her designated 404 representative, under the direction of the inmates attending 405 physician, may authorize nonpsychiatric, emergency surgical 406 treatment or other routine medical treatment if such treatment 407 is deemed lifesaving or there is a situation threatening serious 408 bodily harm to the inmate. 409 Section 9.Section 945.42, Florida Statutes, is amended to 410 read: 411 945.42Definitions; ss. 945.40-945.49.As used in ss. 412 945.40-945.49, the following terms shall have the meanings 413 ascribed to them, unless the context shall clearly indicate 414 otherwise: 415 (1)Court means the circuit court. 416 (2)Crisis stabilization care means an inpatient a level 417 of care that is less restrictive and intensive intense than care 418 provided in a mental health treatment facility, that includes a 419 broad range of evaluation and treatment and services provided 420 within a secure and highly structured residential setting or 421 locked residential setting, and that is intended for inmates who 422 are experiencing acute psychological emotional distress and who 423 cannot be adequately evaluated and treated in a transitional 424 care unit or infirmary isolation management room. Such treatment 425 and services are is also more intense than treatment and 426 services provided in a transitional care unit and are is devoted 427 principally toward rapid stabilization of acute symptoms and 428 conditions. 429 (3)Department means the Department of Corrections. 430 (4)Express and informed consent means consent 431 voluntarily given in writing by a competent inmate, after 432 sufficient explanation and disclosure of the subject matter 433 involved, to enable the inmate to make a knowing and willful 434 decision without any element of force, fraud, deceit, duress, or 435 other form of constraint or coercion. 436 (5)Gravely disabled means a condition in which an 437 inmate, as a result of a diagnosed mental illness, is: 438 (a)In danger of serious physical harm resulting from the 439 inmates failure to provide for his or her essential physical 440 needs of food, clothing, hygiene, health, or safety without the 441 assistance of others; or 442 (b)Experiencing a substantial deterioration in behavioral 443 functioning evidenced by the inmates unremitting decline in 444 volitional control over his or her actions. 445 (6)Incompetent to consent to treatment means a state in 446 which an inmates judgment is so affected by mental illness that 447 he or she lacks the capacity to make a well-reasoned, willful, 448 and knowing decision concerning his or her medical or mental 449 health treatment and services. The term is distinguished from 450 the term incompetent to proceed, as defined in s. 916.106, and 451 refers only to an inmates inability to provide express and 452 informed consent for medical or mental health treatment and 453 services. 454 (4)Director means the Director for Mental Health 455 Services of the Department of Corrections or his or her 456 designee. 457 (5)In immediate need of care and treatment means that an 458 inmate is apparently mentally ill and is not able to be 459 appropriately cared for in the institution where he or she is 460 confined and that, but for being isolated in a more restrictive 461 and secure housing environment, because of the apparent mental 462 illness: 463 (a)1.The inmate is demonstrating a refusal to care for 464 himself or herself and without immediate treatment intervention 465 is likely to continue to refuse to care for himself or herself, 466 and such refusal poses an immediate, real, and present threat of 467 substantial harm to his or her well-being; or 468 2.There is an immediate, real, and present threat that the 469 inmate will inflict serious bodily harm on himself or herself or 470 another person, as evidenced by recent behavior involving 471 causing, attempting, or threatening such harm; 472 (b)The inmate is unable to determine for himself or 473 herself whether placement is necessary; and 474 (c)All available less restrictive treatment alternatives 475 that would offer an opportunity for improvement of the inmates 476 condition have been clinically determined to be inappropriate. 477 (7)(6)In need of care and treatment means that an inmate 478 has a mental illness for which inpatient services in a mental 479 health treatment facility are necessary and that, but for being 480 isolated in a more restrictive and secure housing environment, 481 because of the mental illness: 482 (a)But for being isolated in a more restrictive and secure 483 housing environment: 484 1.The inmate is demonstrating a refusal to care for 485 himself or herself and without treatment is likely to continue 486 to refuse to care for himself or herself, and such refusal poses 487 a real and present threat of substantial harm to his or her 488 well-being; or 489 2.There is a substantial likelihood that in the near 490 future the inmate will inflict serious bodily harm on himself or 491 herself or another person, as evidenced by recent behavior 492 causing, attempting, or threatening such harm.; 493 (b)The inmate is incompetent to consent to treatment and 494 is unable or is refusing to provide express and informed consent 495 to treatment. 496 (c)(b)The inmate is unable to determine for himself or 497 herself whether placement is necessary.; and 498 (d)(c)All available less restrictive treatment 499 alternatives that would offer an opportunity for improvement of 500 the inmates condition have been clinically determined to be 501 inappropriate. 502 (8)(7)Inmate means any person committed to the custody 503 of the Department of Corrections. 504 (9)Involuntary examination means a psychiatric 505 examination performed at a mental health treatment facility to 506 determine whether an inmate should be placed in the mental 507 health treatment facility for inpatient mental health treatment 508 and services. 509 (10)Likelihood of serious harm means: 510 (a)A substantial risk that the inmate will inflict serious 511 physical harm upon his or her own person, as evidenced by 512 threats or attempts to commit suicide or the actual infliction 513 of serious physical harm on self; 514 (b)A substantial risk that the inmate will inflict 515 physical harm upon another person, as evidenced by behavior 516 which has caused such harm or which places any person in 517 reasonable fear of sustaining such harm; or 518 (c)A reasonable degree of medical certainty that the 519 inmate will suffer serious physical or mental harm, as evidenced 520 by the inmates recent behavior demonstrating an inability to 521 refrain from engaging in self-harm behavior. 522 (11)(8)Mental health treatment facility means any 523 extended treatment or hospitalization-level unit within the 524 corrections system which the Assistant Secretary for Health 525 Services of the department specifically designates by rule to 526 provide acute mental health psychiatric care and which may 527 include involuntary treatment and therapeutic intervention in 528 contrast to less intensive levels of care such as outpatient 529 mental health care, transitional mental health care, or crisis 530 stabilization care. The term does not include a forensic 531 facility as defined in s. 916.106. 532 (12)(9)Mental illness or mentally ill means an 533 impairment of the mental or emotional processes that exercise 534 conscious control of ones actions or of the ability to perceive 535 or understand reality, which impairment substantially interferes 536 with the persons ability to meet the ordinary demands of 537 living. However, for the purposes of transferring an inmate to a 538 mental health treatment facility, the term does not include a 539 developmental disability as defined in s. 393.063, simple 540 intoxication, or conditions manifested only by antisocial 541 behavior or substance abuse addiction. However, an individual 542 who is developmentally disabled may also have a mental illness. 543 (13)(10)Psychiatrist means a medical practitioner 544 licensed pursuant to chapter 458 or chapter 459 who has 545 primarily diagnosed and treated nervous and mental disorders for 546 a period of not less than 3 years inclusive of psychiatric 547 residency. 548 (14)(11)Psychological professional means a behavioral 549 practitioner who has an approved doctoral degree in psychology 550 as defined in s. 490.003(3)(b) s. 490.003(3) and is employed by 551 the department or who is licensed as a psychologist pursuant to 552 chapter 490. 553 (15)(12)Secretary means the Secretary of Corrections. 554 (16)(13)Transitional mental health care means a level of 555 care that is more intensive than outpatient care, but less 556 intensive than crisis stabilization care, and is characterized 557 by the provision of traditional mental health treatment and 558 services, treatments such as group and individual therapy, 559 activity therapy, recreational therapy, and psychotropic 560 medications in the context of a secure, structured residential 561 setting. Transitional mental health care is indicated for an 562 inmate a person with chronic or residual symptomatology who does 563 not require crisis stabilization care or acute mental health 564 psychiatric care, but whose impairment in functioning 565 nevertheless renders him or her incapable of adjusting 566 satisfactorily within the general inmate population. 567 (17)Treatment means psychotropic medications prescribed 568 by a medical practitioner licensed pursuant to chapter 458 or 569 chapter 459, including those laboratory tests and related 570 medical procedures that are essential for the safe and effective 571 administration of a psychotropic medication and psychological 572 interventions and services, such as group and individual 573 psychotherapy, activity therapy, recreational therapy, and music 574 therapy. The term does not include forensic services for inmate 575 defendants who are incompetent to proceed as defined in s. 576 916.106. 577 (18)(14)Warden means the warden of a state corrections 578 facility or his or her designee. 579 Section 10.Section 945.43, Florida Statutes, is amended to 580 read: 581 (Substantial rewording of section. See 582 s. 945.43, F.S., for present text.) 583 945.43Involuntary examination. 584 (1)If there is reason to believe that an inmate has a 585 mental illness and the inmate is in need of care and treatment, 586 the inmates treating clinician may refer the inmate to a mental 587 health treatment facility for an involuntary examination. Upon 588 referral, the warden of the facility where the inmate is housed 589 shall transfer the inmate to a mental health treatment facility. 590 (2)Upon arrival to the mental health treatment facility, 591 the inmate shall be examined by a psychiatrist and a second 592 psychiatrist or psychological professional to determine whether 593 the inmate is in need of care and treatment. 594 (3)If, after the examination, the inmate is determined to 595 be in need of care and treatment, the psychiatrist shall propose 596 a recommended course of treatment that is essential to the care 597 of the inmate, and the warden shall initiate proceedings for 598 placement of the inmate in the mental health treatment facility 599 and for involuntary treatment of the inmate as specified in s. 600 945.44. If the inmate is not in need of care and treatment, he 601 or she shall be transferred out of the mental health treatment 602 facility and provided with appropriate mental health services. 603 (4)The involuntary examination and initiation of court 604 proceedings for the placement and applicable involuntary 605 treatment of the inmate in the mental health treatment facility 606 shall be completed within 10 calendar days after arrival. 607 (5)The inmate may remain in the mental health treatment 608 facility pending a hearing after the timely filing of a petition 609 as described in s. 945.44. Pending a hearing, necessary 610 emergency treatment may be provided in the mental health 611 treatment facility upon the written order of a physician as 612 provided in s. 945.48. 613 Section 11.Section 945.44, Florida Statutes, is amended to 614 read: 615 (Substantial rewording of section. See 616 s. 945.44, F.S., for present text.) 617 945.44Placement and treatment of an inmate in a mental 618 health treatment facility. 619 (1)CRITERIA FOR INVOLUNTARY PLACEMENT OR TREATMENT. 620 (a)An inmate may be placed in a mental health treatment 621 facility if he or she is mentally ill and is in need of care and 622 treatment. 623 (b)An inmate may receive involuntary treatment for which 624 the inmate is unable or has refused to provide express and 625 informed consent, if all of the following apply: 626 1.The inmate is mentally ill; 627 2.The treatment is essential to the care of the inmate; 628 3.The treatment is not experimental and does not present 629 an unreasonable risk of serious, hazardous, or irreversible side 630 effects; 631 4.The inmate is gravely disabled or poses a likelihood of 632 serious harm; and 633 5.The inmate is incompetent to consent to treatment. 634 (2)HEARING PROCEDURES FOR PETITIONS FOR PLACEMENT AND 635 TREATMENT. 636 (a)An inmate may be placed and involuntarily treated in a 637 mental health treatment facility after notice and hearing upon 638 the recommendation of the warden of the facility where the 639 inmate is confined. The warden of the institution where the 640 mental health treatment facility is located shall petition the 641 circuit court serving the county for an order authorizing the 642 placement and treatment of the inmate. The petition must be 643 supported by the expert opinion of at least one of the inmates 644 treating psychiatrists. 645 (b)The inmate shall be provided with a copy of the 646 petition along with the proposed treatment, the basis for the 647 proposed treatment, the names of the examining experts, and the 648 date, time, and location of the hearing. After considering the 649 public safety and security concerns presented by transporting 650 the inmate or in conducting onsite hearings, the court may order 651 that the hearing be conducted by electronic means or in person 652 at the facility or at another location designated by the court. 653 If the hearing is ordered by the court to be conducted at a 654 location other than the facility, the department is authorized 655 to transport the inmate to the location of the hearing. 656 (c)The inmate may have an attorney represent him or her at 657 the hearing, and, if the inmate is indigent, the court shall 658 appoint the office of the public defender or private counsel 659 pursuant to s. 27.40(1) to represent the inmate at the hearing. 660 An attorney representing the inmate shall have access to the 661 inmate and any records, including medical or mental health 662 records, which are relevant to the representation of the inmate. 663 (d)The hearing on the petition for involuntary placement 664 and treatment shall be held as expeditiously as possible after 665 the petition is filed, but no later than 14 calendar days after 666 filing. The court may appoint a general or special magistrate to 667 preside over the hearing. The inmate may testify or not, as he 668 or she chooses, may cross-examine witnesses testifying on behalf 669 of the facility, and may present his or her own witnesses. 670 (e)The court may waive the presence of the inmate at the 671 hearing if the waiver is consistent with the best interests of 672 the inmate and the inmates counsel does not object. One of the 673 inmates physicians whose opinion supported the petition shall 674 appear as a witness at the hearing. 675 (3)ORDERS FOR INVOLUNTARY PLACEMENT AND TREATMENT. 676 (a)If the court finds by clear and convincing evidence 677 that the inmate meets the criteria specified in paragraph 678 (1)(a), the court must order that the inmate be involuntarily 679 placed in the mental health treatment facility for a period not 680 to exceed 6 months. 681 (b)If the court finds by clear and convincing evidence 682 that the inmate meets the criteria specified in paragraph 683 (1)(b), the court may order that the inmate be involuntarily 684 treated for a period not to exceed 6 months, concurrent with an 685 order for placement in the mental health treatment facility. In 686 determining whether to order involuntary treatment under this 687 paragraph, the court must consider the inmates expressed 688 preference regarding treatment; whether the inmate is able to 689 express a preference; the probability of adverse side effects; 690 the prognosis for the inmate without treatment; the prognosis 691 for the inmate with treatment; and any other factors the court 692 deems relevant. 693 (4)STATUS HEARINGS AND CONTINUING JURISDICTION.An order 694 authorizing involuntary placement and treatment must allow such 695 placement and treatment for a period not to exceed 6 months 696 following the date of the order. Unless the court is notified in 697 writing that the inmate has been discharged from the mental 698 health treatment facility because he or she is no longer in need 699 of care and treatment, has been transferred to another 700 institution of the department, or has been released from the 701 departments custody, the warden shall, before the expiration of 702 the initial order, file a notice with the court to set a status 703 hearing for an order authorizing the continuation of placement 704 and treatment for another period not to exceed 6 months. This 705 procedure shall be repeated until the inmate is no longer in 706 need of care and treatment. Placement and treatment may be 707 continued pending a hearing after the timely filing of any 708 petition. 709 (5)COPIES OF ORDERS.The court shall provide a copy of its 710 order authorizing placement and treatment along with all 711 supporting documentation relating to the inmates condition to 712 the warden of the mental health treatment facility. 713 (6)DISMISSAL OF PETITIONS.If the court finds that 714 criteria for placement and treatment are not satisfied, it shall 715 dismiss the petition and the inmate shall be transferred out of 716 the mental health treatment facility and provided with 717 appropriate mental health services. 718 Section 12.Section 945.45, Florida Statutes, is repealed. 719 Section 13.Present subsection (3) of section 945.46, 720 Florida Statutes, is renumbered as subsection (5) and amended, 721 and new subsection (3) and subsection (4) are added to that 722 section, to read: 723 945.46Initiation of involuntary placement proceedings with 724 respect to a mentally ill inmate scheduled for release. 725 (3)The warden shall file, in the court in the county where 726 the inmate is located, petitions for involuntary inpatient 727 placement for inmates scheduled to be released. Upon filing, the 728 clerk of the court shall provide copies to the Department of 729 Children and Families, the inmate, and the state attorney and 730 public defender of the judicial circuit in which the inmate is 731 located. A fee may not be charged for the filing of a petition 732 under chapter 394. Within 1 court working day after the filing 733 of a petition for involuntary inpatient placement, the court 734 shall appoint the public defender to represent the inmate who is 735 the subject of the petition, unless the inmate is otherwise 736 represented by counsel. The clerk of the court shall immediately 737 notify the public defender of such appointment. Any attorney 738 representing the inmate shall have access to the inmate, 739 witnesses, and records relevant to the presentation of the 740 patients case and shall represent the interests of the inmate, 741 regardless of the source of payment to the attorney. The state 742 attorney for the circuit in which the inmate is located shall 743 represent the state, rather than the petitioning warden, as the 744 real party in interest in the proceeding. The remainder of the 745 proceedings shall be governed by chapter 394. 746 (4)After considering the public safety and security 747 concerns presented by transporting a mentally ill inmate or in 748 conducting an onsite hearing, the court may order that the 749 hearing be conducted by electronic means, at the facility in 750 person, or at another location designated by the court. If the 751 hearing is ordered by the court to be conducted at a location 752 other than the facility, the department is authorized to 753 transport the inmate to the location of the hearing. 754 (5)(3)The department may transport an individual who is 755 being released from its custody to a receiving or mental health 756 treatment facility for involuntary examination or placement. 757 Such transport shall be made to a facility that is specified by 758 the Department of Children and Families as able to meet the 759 specific needs of the individual. If the Department of Children 760 and Families does not specify a facility, transport shall may be 761 made to the nearest receiving facility. 762 Section 14.Section 945.47, Florida Statutes, is amended to 763 read: 764 945.47Discharge of inmate from mental health treatment. 765 (1)An inmate who has been placed in a mental health 766 treatment facility transferred for the purpose of mental health 767 treatment shall be discharged from treatment by the warden under 768 the following conditions: 769 (a)If the inmate is no longer in need of care and 770 treatment, as defined in s. 945.42, he or she may be transferred 771 out of the mental health treatment facility and provided with 772 appropriate mental health services; or 773 (b)If the inmates sentence expires during his or her 774 treatment, but he or she is no longer in need of care and 775 treatment as an inpatient, the inmate may be released with a 776 recommendation for outpatient treatment, pursuant to the 777 provisions of ss. 945.40-945.49. 778 (2)At any time that an inmate who has received mental 779 health treatment while in the custody of the department becomes 780 eligible for release under supervision or upon end of sentence, 781 a record of the inmates mental health treatment may be provided 782 to the Florida Commission on Offender Review, and to the 783 Department of Children and Families to arrange postrelease 784 aftercare placement, and to prospective recipient inpatient 785 health care or residential facilities upon request. The record 786 shall include, at a minimum, a summary of the inmates 787 diagnosis, length of stay in treatment, clinical history, 788 prognosis, prescribed medication, treatment plan, and 789 recommendations for aftercare services. 790 Section 15.Section 945.48, Florida Statutes, is amended to 791 read: 792 (Substantial rewording of section. See 793 s. 945.48, F.S., for present text.) 794 945.48Emergency treatment orders and use of force. 795 (1)EMERGENCY MEDICATION.The department is authorized to 796 involuntarily administer psychotropic medication to an inmate on 797 an emergency basis without following the procedure outlined in 798 s. 945.43 only as specified in this section. An emergency 799 treatment order for psychotropic medication may be provided to 800 the inmate upon the written order of a physician licensed 801 pursuant to chapter 458 or chapter 459 in an emergency not 802 exceeding 72 hours, excluding weekends and legal holidays. An 803 emergency exists when an inmate with a mental illness presents 804 an immediate threat of: 805 (a)Bodily harm to self or others; or 806 (b)Extreme deterioration in behavioral functioning 807 secondary to the mental illness. 808 (2)PSYCHOTROPIC MEDICATION.Psychotropic medication may be 809 administered only when the medication constitutes an appropriate 810 treatment for a mental illness and its symptoms and alternative 811 treatments are not available or indicated, or would not be 812 effective. If after the 72-hour period the inmate has not given 813 express and informed consent to the medication initially 814 refused, the inmates treating physician shall refer the inmate 815 to a mental health treatment facility for an involuntary 816 examination in accordance with the procedures described in s. 817 945.43. Upon such referral, the warden shall, within 48 hours, 818 excluding weekends and legal holidays, transfer the inmate to a 819 mental health treatment facility. Upon transfer of the inmate 820 for an involuntary examination, the emergency treatment order 821 may be continued upon the written order of a physician as long 822 as the physician has determined that the emergency continues to 823 present a danger to the safety of the inmate or others and the 824 criteria described in this subsection are satisfied. If 825 psychotropic medication is still recommended after the 826 emergency, it may only be administered after following the 827 procedures outlined in s. 945.44. 828 (3)USE OF FORCE.An employee or agent of the department is 829 authorized to apply physical force upon an inmate when and to 830 the extent that it reasonably appears necessary to effectuate 831 the treatment of an inmate as described in this section, for the 832 application of psychiatric restraint, to effectuate clinically 833 necessary hygiene, or pursuant to a valid court order issued 834 under s. 945.44 or s. 945.485. The requirements of s. 944.35 835 shall be followed when using force to effectuate such treatment, 836 apply such restraint, or effectuate such hygiene. 837 Section 16.Section 945.485, Florida Statutes, is created 838 to read: 839 945.485Management and treatment for self-injurious 840 behaviors. 841 (1)The Legislature finds that nonsuicidal self-injurious 842 behaviors in correctional institutions, or acts intended to 843 cause bodily harm but not death, have increased in the 844 correctional environment. Self-injurious behavior may include 845 nonsuicidal self-injury or self-mutilation, such as cutting, 846 reopening wounds, and ingesting or inserting foreign objects or 847 dangerous instruments into the body. These behaviors pose a 848 significant threat to inmates, staff, and, in many cases, the 849 safe and secure operation of the correctional institution. In 850 addition, self-injurious behaviors, coupled with the inmates 851 repeated refusals to provide express and informed consent for 852 medical treatment and care, are a significant challenge for 853 correctional medical and mental health professionals, resulting 854 in higher costs for medical services, and may result in 855 inadvertent mortality in the incarcerated population. 856 (2)In accordance with s. 945.6402, the Legislature finds 857 that an inmate retains the fundamental right of self 858 determination regarding decisions pertaining to his or her own 859 health, including the right to choose or refuse medical 860 treatment or life-saving medical procedures. However, the 861 inmates right to privacy and decisionmaking regarding medical 862 treatment may be outweighed by compelling state interests. 863 (3)When an inmate is engaging in active or ongoing self 864 injurious behavior and has refused to provide express and 865 informed consent for treatment related to the self-injurious 866 behavior, the warden of the facility where the inmate is housed 867 shall consult with the inmates treating physician regarding the 868 inmates medical and mental health status, current medical and 869 mental health treatment needs, and competency to provide express 870 and informed consent for treatment. The warden shall also 871 determine whether the inmates self-injurious behavior presents 872 a danger to the safety of department staff or other inmates or 873 the security, internal order, or discipline of the institution. 874 (a)If the inmates treating physician determines that the 875 inmate has a mental illness and is incompetent to consent to 876 treatment, the physician shall proceed in accordance with s. 877 945.6402 for any necessary surgical or medical services. If the 878 inmate is in need of care and treatment as defined in s. 945.42, 879 the inmate shall be referred to a mental health treatment 880 facility for an involuntary examination in accordance with s. 881 945.44. 882 (b)If the inmate is competent, refusing necessary surgical 883 or medical treatment, and engaging in active or ongoing self 884 injurious behavior that presents a threat to the safety of 885 department staff or other inmates or the security, internal 886 order, or discipline of the institution, the warden shall follow 887 the procedure set forth in subsection (4). 888 (4)(a)The warden, or his or her designated representative, 889 shall, on behalf of the state, petition the circuit court of the 890 county in which the inmate is residing or the county in which 891 the inmate is hospitalized for an order compelling the inmate to 892 submit to emergency surgical intervention or other medical 893 services to the extent necessary to remedy the threat to the 894 safety of staff or other inmates or the security, internal 895 order, or discipline of the institution. The petition must be 896 supported by the expert opinion of at least one of the inmates 897 treating physicians and may be supported by other staff as 898 necessary. 899 (b)The inmate shall be provided with a copy of the 900 petition along with the proposed intervention, the basis for the 901 proposed intervention, the names of the testifying experts and 902 witnesses, and the date, time, and location of the hearing. 903 After considering the medical status of the inmate, public 904 safety, and security concerns presented by transporting the 905 inmate, the court may order that the hearing be conducted by 906 electronic means or in person at the institution or at another 907 location designated by the court. If the hearing is ordered by 908 the court to be conducted at a location other than the 909 institution, the department is authorized to transport the 910 inmate to the location of the hearing. 911 (c)The inmate may have an attorney represent him or her at 912 the hearing, and, if the inmate is indigent, the court shall 913 appoint the office of the public defender or private counsel 914 pursuant to s. 27.40(1) to represent the inmate at the hearing. 915 An attorney representing the inmate shall have access to the 916 inmate and any records, including medical or mental health 917 records, which are relevant to the representation of the inmate. 918 (d)The hearing on the petition shall be held as 919 expeditiously as possible after the petition is filed, but no 920 later than 5 calendar days after filing. The court may appoint a 921 general or special magistrate to preside. The inmate may testify 922 or not, as he or she chooses, may cross-examine witnesses 923 testifying on behalf of the institution, and may present his or 924 her own witnesses. 925 (e)The court may waive the presence of the inmate at the 926 hearing if the waiver is consistent with the best interests of 927 the inmate and the inmates counsel does not object. 928 (f)The court shall determine whether the warden has 929 established, by clear and convincing evidence, a compelling 930 state interest sufficient to outweigh the inmates right to 931 refuse treatment. The court shall consider all of the following: 932 1.Preservation of the life of the inmate. 933 2.Prevention of suicide. 934 3.Protection of innocent third parties. 935 4.Maintenance of the ethical integrity of the medical 936 profession. 937 5.Preservation of the security, internal order, or 938 discipline of the institution. 939 6.Rehabilitation of the inmate. 940 7.Any other compelling state interest. 941 (g)If the court determines that there are compelling state 942 interests sufficient to override the inmates right to refuse 943 treatment, the court shall enter an order authorizing emergency 944 surgical intervention or other medical services, narrowly 945 tailored and in the least intrusive manner possible, only as 946 necessary to remedy the threat to the safety of third parties or 947 the security, internal order, or discipline of the institution. 948 Emergency surgical intervention or other medical services 949 authorized by the court may be carried out at the institution or 950 at a licensed hospital, as applicable. 951 (5)This section does not repeal by implication any 952 provision of s. 766.103, the Florida Medical Consent Law, or s. 953 768.13, the Good Samaritan Act. For all purposes, the Florida 954 Medical Consent Law and the Good Samaritan Act shall be 955 considered alternatives to this section. 956 Section 17.Subsection (2) of section 945.49, Florida 957 Statutes, is amended to read: 958 945.49Operation and administration. 959 (2)RULES.The department, in cooperation with the Mental 960 Health Program Office of the Department of Children and 961 Families, shall adopt rules necessary for administration of ss. 962 945.40-945.49 in accordance with chapter 120. 963 Section 18.Section 945.6402, Florida Statutes, is created 964 to read: 965 945.6402Inmate health care advance directives. 966 (1)DEFINITIONS.The terms used in this section have the 967 same meanings as in s. 765.101 unless otherwise specified in 968 this section. For purposes of this section, the term: 969 (a)Health care facility has the same meaning as in s. 970 765.101 and includes any correctional institution or facility 971 where health care is provided. 972 (b)Incapacity or incompetent means an inmate is 973 physically or mentally unable to communicate a willful and 974 knowing health care decision. 975 (c)Informed consent means consent voluntarily given by 976 an inmate after a sufficient explanation and disclosure of the 977 subject matter involved to enable the inmate to have a general 978 understanding of the treatment or procedure and the medically 979 acceptable alternatives, including the substantial risks and 980 hazards inherent in the proposed treatment or procedures, and to 981 make a knowing health care decision without coercion or undue 982 influence. 983 (d)Inmate means any person committed to the custody of 984 the department. 985 (e)Ombudsman means an individual designated and 986 specifically trained by the department to identify conditions 987 that may pose a threat to the rights, health, safety, and 988 welfare of inmates in a health care facility and who may be 989 appointed to serve as a proxy for an inmate who is physically or 990 mentally unable to communicate a willful and knowing health care 991 decision. 992 (f)Proxy means a competent adult who has not been 993 expressly designated to make health care decisions for a 994 particular incapacitated inmate, but who, nevertheless, is 995 authorized pursuant to s. 765.401 and as specified in this 996 section to make health care decisions for such inmate. 997 (g)Proxy review team means a team of at least five 998 members, appointed by the Assistant Secretary for Health 999 Services. The team shall be composed of, at a minimum, one 1000 physician licensed pursuant to chapter 458 or chapter 459, one 1001 psychologist licensed pursuant to chapter 490, one nurse 1002 licensed pursuant to chapter 464, and one department chaplain. 1003 (2)LEGISLATIVE FINDINGS AND INTENT.- 1004 (a)In accordance with chapter 765, the Legislature finds 1005 that an inmate retains the fundamental right of self 1006 determination regarding decisions pertaining to his or her own 1007 health, including the right to choose or refuse medical 1008 treatment. In accordance with chapter 765, this right is subject 1009 to certain institutional interests, including the protection of 1010 human life, the preservation of ethical standards in the medical 1011 profession, and, for inmates committed to the custody of the 1012 department, the security and good order of the institutional 1013 setting. 1014 (b)To ensure that such right is not lost or diminished by 1015 virtue of later physical or mental incapacity, the Legislature 1016 intends that the procedures specified in chapter 765, and as 1017 modified in this section for the institutional health care 1018 setting, apply to incarcerated inmates. These procedures should 1019 be less expensive and less restrictive than guardianship and 1020 allow an inmate to plan for incapacity by executing a document 1021 or orally designating another person to direct the course of his 1022 or her health care or receive his or her health information, or 1023 both, upon his or her incapacity. These procedures permit a 1024 previously incapacitated inmate to exercise his or her full 1025 right to make health care decisions as soon as the capacity to 1026 make such decisions has been regained. 1027 (c)In order to ensure that the rights and intentions of an 1028 inmate are respected when the inmate is not able to participate 1029 actively in decisions concerning himself or herself, and to 1030 encourage communication between the inmate, his or her family, 1031 and his or her treating physicians, the Legislature declares 1032 that the laws of this state recognize the right of a competent 1033 incarcerated adult to make an advance directive instructing his 1034 or her physicians to provide, withhold, or withdraw life 1035 prolonging procedures or to designate another person to make the 1036 health care decision for him or her in the event that such 1037 incarcerated person should become incapacitated and unable to 1038 personally direct his or her health care. It is further the 1039 intent of the Legislature that the department provide the 1040 opportunity for inmates to make advance directives as specified 1041 in this section. 1042 (d)The Legislature further recognizes that incarcerated 1043 inmates may not avail themselves of the opportunity to make an 1044 advance directive or, because of incarceration, may not have a 1045 surrogate, as defined in s. 765.101, willing, able, or 1046 reasonably available to make health care decisions on their 1047 behalf. Additionally, because of incarceration, the individuals 1048 designated in s. 765.401 who are eligible to serve as an 1049 appointed proxy may not be reasonably available, willing, or 1050 competent to make health care decisions for the inmate in the 1051 event of incapacity. Thus, it is the intent of the Legislature 1052 that the department have an efficient process that is less 1053 expensive and less restrictive than guardianship for the 1054 appointment of a proxy to allow for the expedient delivery of 1055 necessary health care to an incarcerated inmate. 1056 (e)This section does not supersede the process for inmate 1057 involuntary mental health treatment specified in ss. 945.40 1058 945.49. 1059 (3)CAPACITY OF INMATE; PROCEDURE. 1060 (a)An inmate is presumed to be capable of making health 1061 care decisions for himself or herself unless he or she is 1062 determined to be incapacitated. When an inmate has 1063 decisionmaking capacity, the inmates wishes are controlling. 1064 Each physician or health care provider must clearly communicate 1065 the treatment plan and any change to the treatment plan before 1066 implementation of the plan or any change to the plan. Incapacity 1067 may not be inferred from an inmates involuntary hospitalization 1068 for mental illness or from his or her intellectual disability. 1069 (b)If an inmates capacity to make health care decisions 1070 for himself or herself or provide informed consent is in 1071 question, the inmates treating physician at the health care 1072 facility where the inmate is located shall evaluate the inmates 1073 capacity and, if the evaluating physician concludes that the 1074 inmate lacks capacity, enter that evaluation in the inmates 1075 medical record. If the evaluating physician has a question as to 1076 whether the inmate lacks capacity, another physician shall also 1077 evaluate the inmates capacity, and if the second physician 1078 finds that the inmate lacks the capacity to make health care 1079 decisions for himself or herself or provide informed consent, 1080 both physicians evaluations shall be entered in the inmates 1081 medical record. 1082 (c)If the inmate is found to be incapacitated and has 1083 designated a health care surrogate in accordance with chapter 1084 765, the institutions or facilitys health care staff shall 1085 notify the surrogate and proceed as specified in chapter 765. If 1086 the incapacitated inmate has not designated a health care 1087 surrogate, the health care facility shall appoint a proxy to 1088 make health care decisions for the inmate as specified in this 1089 section. 1090 (d)A determination made pursuant to this section that an 1091 inmate lacks the capacity to make health care decisions for 1092 himself or herself may not be construed as a finding that an 1093 inmate lacks capacity for any other purpose. 1094 (4)HEALTH CARE ADVANCE DIRECTIVE; PROCEDURE. 1095 (a)In accordance with chapter 765, the department shall 1096 offer inmates the opportunity to execute an advance directive as 1097 defined in s. 765.101. 1098 (b)The department shall provide to each inmate written 1099 information concerning advance directives and necessary forms to 1100 allow inmates to execute an advance directive. The department 1101 and its health care providers shall document in the inmates 1102 medical records whether the inmate has executed an advance 1103 directive. Neither the department nor its health care providers 1104 may require an inmate to execute an advance directive using the 1105 departments forms. The inmates advance directive shall travel 1106 with the inmate within the department as part of the inmates 1107 medical record. 1108 (c)An advance directive may be amended or revoked at any 1109 time by a competent inmate by means of: 1110 1.A signed, dated writing of intent to amend or revoke; 1111 2.The physical cancellation or destruction of the advance 1112 directive by the inmate or by another person in the inmates 1113 presence and at the inmates direction; 1114 3.An oral expression of intent to amend or revoke; or 1115 4.A subsequently executed advance directive that is 1116 materially different from a previously executed advance 1117 directive. 1118 (5)PROXY. 1119 (a)If an incapacitated inmate has not executed an advance 1120 directive or designated a health care surrogate in accordance 1121 with the procedures specified in chapter 765, or the designated 1122 health care surrogate is no longer available to make health care 1123 decisions, health care decisions may be made for the inmate by 1124 any of the individuals specified in the priority order provided 1125 in s. 765.401(1)(a)-(g) as proxy. Documentation of the efforts 1126 to locate a proxy from the classes specified in s. 1127 765.401(1)(a)-(g) shall be recorded in the inmates medical 1128 file. 1129 (b)If there are no individuals as specified in s. 1130 765.401(1)(a)-(g) available, willing, or competent to act on 1131 behalf of the inmate, and the inmate is housed in a correctional 1132 institution or facility where health care is provided in a 1133 nonhospital setting, the warden of the institution where the 1134 inmate is housed, or the wardens designee, shall consult with 1135 the Assistant Secretary for Health Services or his or her 1136 designee, who shall appoint a department ombudsman to serve as 1137 the proxy. This appointment terminates when the inmate regains 1138 capacity or is no longer incarcerated in the custody of the 1139 department. In accordance with chapter 765 and as provided in 1140 this section, decisions to withhold or withdraw life-prolonging 1141 procedures will be reviewed by the departments proxy review 1142 team for compliance with chapter 765 and the requirements of 1143 this section. 1144 (c)The ombudsman appointed to serve as the proxy is 1145 authorized to request the assistance of the treating physician 1146 and, upon request, a second physician not involved in the 1147 inmates care to assist the proxy in evaluating the inmates 1148 treatment. 1149 (d)In accordance with chapter 765, any health care 1150 decision made by any appointed proxy under this section must be 1151 based on the proxys informed consent and on the decision that 1152 the proxy reasonably believes the inmate would have made under 1153 the circumstances. If there is no indication of what decision 1154 the inmate would have made, the proxy may consider the inmates 1155 best interest in deciding that proposed treatments are to be 1156 withheld or that treatments currently in effect are to be 1157 withdrawn. 1158 (e)Before exercising the incapacitated inmates rights to 1159 select or decline health care, the proxy must comply with ss. 1160 765.205 and 765.305, except that any proxys decision to 1161 withhold or withdraw life-prolonging procedures must be 1162 supported by clear and convincing evidence that the decision 1163 would have been the one the inmate would have made had he or she 1164 been competent or, if there is no indication of what decision 1165 the inmate would have made, that the decision is in the inmates 1166 best interest. 1167 (f)Notwithstanding s. 456.057 and pursuant to s. 945.10 1168 and 45 C.F.R. part 164, subpart E, relevant protected health 1169 information and mental health and medical records of an 1170 incapacitated inmate may be disclosed to a proxy appointed to 1171 make health care decisions for an inmate. 1172 (6)USE OF FORCE.In addition to s. 944.35(1), an employee 1173 of the department may apply reasonable physical force upon an 1174 incapacitated inmate to administer medical treatment only by or 1175 under the clinical supervision of a physician or his or her 1176 designee and only to carry out a health care decision made in 1177 accordance with this section and chapter 765. 1178 (7)IMMUNITY FROM LIABILITY.A department health care 1179 provider, ombudsman, or other employee who acts under the 1180 direction of a health care provider as authorized in this 1181 section or chapter 765 is not subject to criminal prosecution or 1182 civil liability and may not be deemed to have engaged in 1183 unprofessional conduct as a result of carrying out a health care 1184 decision made in accordance with this section or chapter 765 on 1185 an inmates behalf. 1186 Section 19.Section 947.02, Florida Statutes, is amended to 1187 read: 1188 947.02Florida Commission on Offender Review; members, 1189 appointment. 1190 (1)Except as provided in s. 947.021, The members of the 1191 Florida commission on Offender Review shall be directly 1192 appointed by the Governor and Cabinet from a list of eligible 1193 applicants submitted by a parole qualifications committee. The 1194 appointments of members of the commission shall be certified to 1195 the Senate by the Governor and Cabinet for confirmation, and the 1196 membership of the commission shall include representation from 1197 minority persons as defined in s. 288.703. 1198 (2)If the Legislature decreases the membership of the 1199 commission, all commission member terms of office shall expire 1200 and new members of the commission must be appointed in 1201 accordance with subsection (1). Members appointed to the 1202 commission may be selected from incumbents A parole 1203 qualifications committee shall consist of five persons who are 1204 appointed by the Governor and Cabinet. One member shall be 1205 designated as chair by the Governor and Cabinet. The committee 1206 shall provide for statewide advertisement and the receiving of 1207 applications for any position or positions on the commission and 1208 shall devise a plan for the determination of the qualifications 1209 of the applicants by investigations and comprehensive 1210 evaluations, including, but not limited to, investigation and 1211 evaluation of the character, habits, and philosophy of each 1212 applicant. Each parole qualifications committee shall exist for 1213 2 years. If additional vacancies on the commission occur during 1214 this 2-year period, the committee may advertise and accept 1215 additional applications; however, all previously submitted 1216 applications shall be considered along with the new applications 1217 according to the previously established plan for the evaluation 1218 of the qualifications of applicants. 1219 (3)Within 90 days before an anticipated vacancy by 1220 expiration of term pursuant to s. 947.03 or upon any other 1221 vacancy, the Governor and Cabinet shall appoint a parole 1222 qualifications committee if one has not been appointed during 1223 the previous 2 years. The committee shall consider applications 1224 for the commission seat, including the application of an 1225 incumbent commissioner if he or she applies, according to 1226 subsection (2). The committee shall submit a list of three 1227 eligible applicants, which may include the incumbent if the 1228 committee so decides, without recommendation, to the Governor 1229 and Cabinet for appointment to the commission. In the case of an 1230 unexpired term, the appointment must be for the remainder of the 1231 unexpired term and until a successor is appointed and qualified. 1232 If more than one seat is vacant, the committee shall submit a 1233 list of eligible applicants, without recommendation, containing 1234 a number of names equal to three times the number of vacant 1235 seats; however, the names submitted may not be distinguished by 1236 seat, and each submitted applicant shall be considered eligible 1237 for each vacancy. 1238 (4)Upon receiving a list of eligible persons from the 1239 parole qualifications committee, the Governor and Cabinet may 1240 reject the list. If the list is rejected, the committee shall 1241 reinitiate the application and examination procedure according 1242 to subsection (2). 1243 (5)Section 120.525 and chapters 119 and 286 apply to all 1244 activities and proceedings of a parole qualifications committee. 1245 Section 20.Section 947.021, Florida Statutes, is repealed. 1246 Section 21.Subsection (2) of section 947.12, Florida 1247 Statutes, is amended to read: 1248 947.12Members, employees, expenses. 1249 (2)The members of the examining board created in s. 947.02 1250 shall each be paid per diem and travel expenses pursuant to s. 1251 112.061 when traveling in the performance of their duties. 1252 Section 22.Paragraph (g) of subsection (1) and subsection 1253 (5) of section 957.04, Florida Statutes, are amended to read: 1254 957.04Contract requirements. 1255 (1)A contract entered into under this chapter for the 1256 operation of contractor-operated correctional facilities shall 1257 maximize the cost savings of such facilities and: 1258 (g)Require the contractor to be responsible for a range of 1259 dental, medical, and psychological services; diet; education; 1260 and work programs at least equal to those provided by the 1261 department in comparable facilities. The work and education 1262 programs must be designed to reduce recidivism, and include 1263 opportunities to participate in such work programs as authorized 1264 pursuant to s. 946.523. However, with respect to the dental, 1265 medical, psychological, and dietary services, the department is 1266 authorized to exclude any or all of these services from a 1267 contract for private correctional services entered into under 1268 this chapter and retain responsibility for the delivery of those 1269 services, if the department finds it to be in the best interests 1270 of the state. 1271 (5)Each contract entered into by the department must 1272 include substantial minority participation unless demonstrated 1273 by evidence, after a good faith effort, as impractical and must 1274 also include any other requirements the department considers 1275 necessary and appropriate for carrying out the purposes of this 1276 chapter. 1277 Section 23.Subsection (3) of section 957.09, Florida 1278 Statutes, is amended to read: 1279 957.09Applicability of chapter to other provisions of 1280 law. 1281 (3)The provisions of law governing the participation of 1282 minority business enterprises are applicable to this chapter. 1283 Section 24.Subsection (2) of section 20.32, Florida 1284 Statutes, is amended to read: 1285 20.32Florida Commission on Offender Review. 1286 (2)All powers, duties, and functions relating to the 1287 appointment of the Florida Commission on Offender Review as 1288 provided in s. 947.02 or s. 947.021 shall be exercised and 1289 performed by the Governor and Cabinet. Except as provided in s. 1290 947.021, Each appointment shall be made from among the first 1291 three eligible persons on the list of the persons eligible for 1292 said position. 1293 Section 25.This act shall take effect July 1, 2025.