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Florida Senate - 2025 CS for CS for SB 1604 By the Appropriations Committee on Criminal and Civil Justice; the Committee on Criminal Justice; and Senator Martin 604-03627-25 20251604c2 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.; requiring a 21 court to impose consecutive terms of imprisonment if 22 the offender is convicted of multiple specified felony 23 offenses; authorizing a court to impose consecutive 24 terms of imprisonment if the offender commits certain 25 offenses in conjunction with another felony offense; 26 making technical changes; amending s. 934.425, F.S.; 27 exempting certain persons working for the Department 28 of Corrections or the Department of Juvenile Justice, 29 and persons authorized pursuant to a court order, from 30 provisions regulating the use of tracking devices or 31 tracking applications; amending s. 945.41, F.S.; 32 revising legislative intent; revising provisions 33 relating to mental health treatment for inmates; 34 requiring that an inmate give his or her express and 35 informed consent to such treatment; specifying 36 information an inmate must receive regarding 37 treatment; authorizing the warden to authorize certain 38 emergency medical treatment under the direction of the 39 inmates attending physician under certain 40 circumstances; amending s. 945.42, F.S.; revising and 41 providing definitions; amending s. 945.43, F.S.; 42 revising provisions concerning involuntary 43 examinations; amending s. 945.44, F.S.; revising 44 provisions concerning involuntary placement and 45 treatment of an inmate in a mental health treatment 46 facility; repealing s. 945.45, F.S., relating to 47 continued placement of inmates in mental health 48 treatment facilities; amending s. 945.46, F.S.; 49 providing requirements for filing petitions for 50 involuntary inpatient placement for certain inmates; 51 authorizing the court to order alternative means and 52 venues for certain hearings; requiring, rather than 53 authorizing, inmates to be transported to the nearest 54 receiving facility in certain circumstances; amending 55 s. 945.47, F.S.; specifying purposes for which an 56 inmates mental health treatment records may be 57 provided to the Florida Commission on Offender Review 58 and the Department of Children and Families; 59 authorizing such records to be provided to certain 60 facilities upon request; amending s. 945.48, F.S.; 61 substantially revising provisions relating to 62 emergency treatment orders and use of force and 63 providing requirements for such orders and use of 64 force; providing requirements for emergency and 65 psychotropic medications and use of force; creating s. 66 945.485, F.S.; providing legislative findings; 67 providing requirements for management of and treatment 68 for an inmates self-injurious behaviors; requiring 69 facility wardens to consult with an inmates treating 70 physician in certain circumstances and make certain 71 determinations; providing for petitions to compel an 72 inmate to submit to medical treatment in certain 73 circumstances; providing construction; amending s. 74 945.49, F.S.; deleting a requirement that the 75 Department of Corrections adopt certain rules in 76 cooperation with the Mental Health Program Office of 77 the Department of Children and Families; creating s. 78 945.6402, F.S.; providing definitions; providing 79 legislative findings and intent; providing 80 requirements for inmate capacity, health care advance 81 directives, and proxies; authorizing the use of force 82 on incapacitated inmates in certain circumstances; 83 providing immunity from liability for certain persons 84 in certain circumstances; amending s. 947.02, F.S.; 85 revising the manner in which the membership of the 86 Florida Commission on Offender Review is appointed; 87 repealing s. 947.021, F.S., relating to expedited 88 appointments of the Florida Commission on Offender 89 Review; amending s. 947.12, F.S.; conforming 90 provisions to changes made by the act; amending s. 91 957.04, F.S.; revising requirements for contracting 92 for certain services; amending s. 957.09, F.S.; 93 deleting a provision relating to minority business 94 enterprises; amending s. 20.32, F.S.; conforming 95 provisions to changes made by the act; providing an 96 effective date. 97 98 Be It Enacted by the Legislature of the State of Florida: 99 100 Section 1.Subsection (10) of section 57.085, Florida 101 Statutes, is amended to read: 102 57.085Deferral of prepayment of court costs and fees for 103 indigent prisoners. 104 (10)With the exception of challenges to prison 105 disciplinary reports, this section does not apply to a criminal 106 proceeding or a collateral criminal proceeding. 107 Section 2.Paragraph (b) of subsection (2) and paragraphs 108 (f) and (g) of subsection (6) of section 95.11, Florida 109 Statutes, are amended to read: 110 95.11Limitations other than for the recovery of real 111 property.Actions other than for recovery of real property shall 112 be commenced as follows: 113 (2)WITHIN FIVE YEARS. 114 (b)A legal or equitable action on a contract, obligation, 115 or liability founded on a written instrument, except for an 116 action to enforce a claim against a payment bond, which shall be 117 governed by the applicable provisions of paragraph (6)(e), s. 118 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an 119 action for a deficiency judgment governed by paragraph (6)(g) 120 (6)(h). 121 (6)WITHIN ONE YEAR. 122 (f)Except for actions described in subsection (9), or a 123 petition challenging a criminal conviction, all petitions; 124 extraordinary writs; tort actions, including those under s. 125 768.28(14); or other actions which concern any condition of 126 confinement of a prisoner a petition for extraordinary writ, 127 other than a petition challenging a criminal conviction, filed 128 by or on behalf of a prisoner as defined in s. 57.085. Any 129 petition, writ, or action brought under this paragraph must be 130 commenced within 1 year after the time the incident, conduct, or 131 conditions occurred or within 1 year after the time the 132 incident, conduct, or conditions were discovered, or should have 133 been discovered. 134 (g)Except for actions described in subsection (9), an 135 action brought by or on behalf of a prisoner, as defined in s. 136 57.085, relating to the conditions of the prisoners 137 confinement. 138 Section 3.Section 760.701, Florida Statutes, is created to 139 read: 140 760.701Lawsuits by prisoners. 141 (1)For the purposes of this section, the term prisoner 142 means any person incarcerated or detained in any jail, prison, 143 or other correctional facility who is accused of, convicted of, 144 sentenced for, or adjudicated delinquent for violations of 145 criminal law or the terms and conditions of parole, probation, 146 pretrial release, or a diversionary program. 147 (2)An action may not be brought by or on behalf of a 148 prisoner relating to the conditions of the prisoners 149 confinement under 42 U.S.C. s. 1983, or any other state or 150 federal law, until the administrative remedies available are 151 fully exhausted. 152 (3)The court shall on its own motion or on the motion of a 153 party dismiss any action brought relating to the conditions of 154 the prisoners confinement under 42 U.S.C. s. 1983, or any other 155 state or federal law, by a prisoner if the court is satisfied 156 that the action is frivolous, malicious, fails to state a claim 157 upon which relief can be granted, or seeks monetary relief from 158 a defendant who is immune from such relief. The court shall 159 review any such action pursuant to s. 57.085(6). 160 (4)An action may not be brought in state court by or on 161 behalf of a prisoner relating to the conditions of the 162 prisoners confinement under 42 U.S.C. s. 1983, or any state 163 tort action, for mental or emotional injury suffered while in 164 custody without a prior showing of physical injury or the 165 commission of a sexual act as defined in 18 U.S.C. s. 2246(2). 166 (5)The time for bringing an action that concerns any 167 condition of confinement of a prisoner shall be the limitations 168 period as described in s. 95.11(6)(f). 169 Section 4.Present paragraph (e) of subsection (3) of 170 section 775.087, Florida Statutes, is redesignated as paragraph 171 (f), paragraph (e) is added to subsection (2) and a new 172 paragraph (e) is added to subsection (3) of that section, and 173 paragraphs (a) and (d) of subsection (2) and paragraphs (a) and 174 (d) of subsection (3) of that section are amended, to read: 175 775.087Possession or use of weapon; aggravated battery; 176 felony reclassification; minimum sentence. 177 (2)(a)1.Any person who is convicted of a felony or an 178 attempt to commit a felony, regardless of whether the use of a 179 weapon is an element of the felony, and the conviction was for: 180 a.Murder; 181 b.Sexual battery; 182 c.Robbery; 183 d.Burglary; 184 e.Arson; 185 f.Aggravated battery; 186 g.Kidnapping; 187 h.Escape; 188 i.Aircraft piracy; 189 j.Aggravated child abuse; 190 k.Aggravated abuse of an elderly person or disabled adult; 191 l.Unlawful throwing, placing, or discharging of a 192 destructive device or bomb; 193 m.Carjacking; 194 n.Home-invasion robbery; 195 o.Aggravated stalking; 196 p.Trafficking in cannabis, trafficking in cocaine, capital 197 importation of cocaine, trafficking in illegal drugs, capital 198 importation of illegal drugs, trafficking in phencyclidine, 199 capital importation of phencyclidine, trafficking in 200 methaqualone, capital importation of methaqualone, trafficking 201 in amphetamine, capital importation of amphetamine, trafficking 202 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 203 (GHB), trafficking in 1,4-Butanediol, trafficking in 204 Phenethylamines, or other violation of s. 893.135(1); 205 q.Possession of a firearm by a felon; or 206 r.Human trafficking, 207 208 and during the commission of the offense, such person actually 209 possessed a firearm or destructive device as those terms are 210 defined in s. 790.001, shall be sentenced to a minimum term of 211 imprisonment of 10 years, except that a person who is convicted 212 for possession of a firearm by a felon or burglary of a 213 conveyance shall be sentenced to a minimum term of imprisonment 214 of 3 years if such person possessed a firearm or destructive 215 device during the commission of the offense. However, if an 216 offender who is convicted of the offense of possession of a 217 firearm by a felon has a previous conviction of committing or 218 attempting to commit a felony listed in s. 775.084(1)(b)1. and 219 actually possessed a firearm or destructive device during the 220 commission of the prior felony, the offender shall be sentenced 221 to a minimum term of imprisonment of 10 years. 222 2.Any person who is convicted of a felony or an attempt to 223 commit a felony listed in sub-subparagraphs 1.a.-p. or sub 224 subparagraph 1.r., regardless of whether the use of a weapon is 225 an element of the felony, and during the course of the 226 commission of the felony such person discharged a firearm or 227 destructive device as those terms are defined in s. 790.001 228 shall be sentenced to a minimum term of imprisonment of 20 229 years. 230 3.Any person who is convicted of a felony or an attempt to 231 commit a felony listed in sub-subparagraphs 1.a.-p. or sub 232 subparagraph 1.r., regardless of whether the use of a weapon is 233 an element of the felony, and during the course of the 234 commission of the felony such person discharged a firearm or 235 destructive device as those terms are defined in s. 790.001 236 and, as the result of the discharge, death or great bodily harm 237 was inflicted upon any person, the convicted person shall be 238 sentenced to a minimum term of imprisonment of not less than 25 239 years and not more than a term of imprisonment of life in 240 prison. 241 (d)It is the intent of the Legislature that offenders who 242 actually possess, carry, display, use, threaten to use, or 243 attempt to use firearms or destructive devices be punished to 244 the fullest extent of the law. The court shall impose, and the 245 minimum term terms of imprisonment required under paragraph (a) 246 imposed pursuant to this subsection shall be imposed for each 247 qualifying felony offense count for which the person is 248 convicted. If the offender is convicted of multiple felony 249 offenses for which paragraph (a) requires the imposition of a 250 minimum term of imprisonment, the court must shall impose any 251 such terms term of imprisonment provided for in this subsection 252 consecutively to any other term of imprisonment imposed for any 253 other felony offense. 254 (e)If an offender commits a felony listed in subparagraph 255 (a)1. in conjunction with any other felony offense not listed in 256 subparagraph (a)1., the court may impose any term of 257 imprisonment provided for in paragraph (a) consecutively to any 258 other term of imprisonment imposed for any other felony offense 259 not listed in subparagraph (a)1. 260 (3)(a)1.Any person who is convicted of a felony or an 261 attempt to commit a felony, regardless of whether the use of a 262 firearm is an element of the felony, and the conviction was for: 263 a.Murder; 264 b.Sexual battery; 265 c.Robbery; 266 d.Burglary; 267 e.Arson; 268 f.Aggravated battery; 269 g.Kidnapping; 270 h.Escape; 271 i.Sale, manufacture, delivery, or intent to sell, 272 manufacture, or deliver any controlled substance; 273 j.Aircraft piracy; 274 k.Aggravated child abuse; 275 l.Aggravated abuse of an elderly person or disabled adult; 276 m.Unlawful throwing, placing, or discharging of a 277 destructive device or bomb; 278 n.Carjacking; 279 o.Home-invasion robbery; 280 p.Aggravated stalking; 281 q.Trafficking in cannabis, trafficking in cocaine, capital 282 importation of cocaine, trafficking in illegal drugs, capital 283 importation of illegal drugs, trafficking in phencyclidine, 284 capital importation of phencyclidine, trafficking in 285 methaqualone, capital importation of methaqualone, trafficking 286 in amphetamine, capital importation of amphetamine, trafficking 287 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 288 (GHB), trafficking in 1,4-Butanediol, trafficking in 289 Phenethylamines, or other violation of s. 893.135(1); or 290 r.Human trafficking, 291 292 and during the commission of the offense, such person possessed 293 a semiautomatic firearm and its high-capacity detachable box 294 magazine or a machine gun as defined in s. 790.001, shall be 295 sentenced to a minimum term of imprisonment of 15 years. 296 2.Any person who is convicted of a felony or an attempt to 297 commit a felony listed in subparagraph 1., regardless of whether 298 the use of a weapon is an element of the felony, and during the 299 course of the commission of the felony such person discharged a 300 semiautomatic firearm and its high-capacity box magazine or a 301 machine gun as defined in s. 790.001 shall be sentenced to a 302 minimum term of imprisonment of 20 years. 303 3.Any person who is convicted of a felony or an attempt to 304 commit a felony listed in subparagraph 1., regardless of whether 305 the use of a weapon is an element of the felony, and during the 306 course of the commission of the felony such person discharged a 307 semiautomatic firearm and its high-capacity box magazine or a 308 machine gun as defined in s. 790.001 and, as the result of the 309 discharge, death or great bodily harm was inflicted upon any 310 person, the convicted person shall be sentenced to a minimum 311 term of imprisonment of not less than 25 years and not more than 312 a term of imprisonment of life in prison. 313 (d)It is the intent of the Legislature that offenders who 314 possess, carry, display, use, threaten to use, or attempt to use 315 a semiautomatic firearm and its high-capacity detachable box 316 magazine or a machine gun as defined in s. 790.001 be punished 317 to the fullest extent of the law. The court shall impose, and 318 the minimum term terms of imprisonment required under paragraph 319 (a) imposed pursuant to this subsection shall be imposed for 320 each qualifying felony offense count for which the person is 321 convicted. If the offender is convicted of multiple felony 322 offenses for which paragraph (a) requires the imposition of a 323 minimum term of imprisonment, the court must shall impose any 324 such terms term of imprisonment provided for in this subsection 325 consecutively to any other term of imprisonment imposed for any 326 other felony offense. 327 (e)If an offender commits a felony listed in subparagraph 328 (a)1. in conjunction with any other felony offense not listed in 329 subparagraph (a)1., the court may impose any term of 330 imprisonment provided for in paragraph (a) consecutively to any 331 other term of imprisonment imposed for any other felony offense 332 not listed in subparagraph (a)1. 333 Section 5.Present paragraphs (b) through (e) of subsection 334 (4) of section 934.425, Florida Statutes, are redesignated as 335 paragraphs (f) through (i), respectively, and new paragraphs (b) 336 through (e) are added to that subsection, to read: 337 934.425Installation or use of tracking devices or tracking 338 applications; exceptions; penalties. 339 (4)This section does not apply to: 340 (b)A law enforcement officer as defined in s. 943.10, or 341 any local, state, federal, or military law enforcement agency, 342 who lawfully installs, places, or uses a tracking device or 343 application on another person while acting in the course or 344 scope of his or her employment. 345 (c)A correctional officer, a correctional probation 346 officer, or any other officer or support personnel, as those 347 terms are defined in s. 943.10, of the Department of Corrections 348 who lawfully installs, places, or uses a tracking device or 349 tracking application on a person in his or her care, custody, or 350 control and in the course and scope of his or her employment. 351 (d)A juvenile probation officer, an authorized agent or 352 designee, or delinquency program staff, as those terms are 353 defined in s. 985.03, of the Department of Juvenile Justice who 354 lawfully installs, places, or uses a tracking device or tracking 355 application on a person in his or her care, custody, or control 356 and in the course and scope of his or her employment. 357 (e)A person authorized to install, place, or use a 358 tracking device or tracking application pursuant to a court 359 order. 360 Section 6.Section 945.41, Florida Statutes, is amended to 361 read: 362 945.41Mental health treatment for inmates; legislative 363 intent of ss. 945.40-945.49. 364 (1)INTENT.It is the intent of the Legislature that: 365 (a)mentally ill Inmates in the custody of the department 366 who have a mental illness of Corrections receive an evaluation 367 and appropriate treatment for their mental illness through a 368 continuum of outpatient and inpatient mental health treatment 369 and services. 370 (b)The department is authorized to purchase treatment 371 materials and equipment to support inmate rehabilitation; to 372 ameliorate disabling mental symptoms associated with impairment 373 in behavioral functioning, sensory and motor skills, and impulse 374 control; and to improve adaptive coping skills consistent with 375 the departments jurisdiction as described in s. 945.025. 376 (c)Sections 945.40-945.49 do not supplement, amend, or 377 change the responsibilities of the Department of Children and 378 Families pursuant to chapter 916, the Forensic Client Services 379 Act, which governs forensic services for persons who are 380 incompetent to proceed as defined in s. 916.106. 381 (2)INDIVIDUAL DIGNITY AND TREATMENT. 382 (a)An inmate in the custody of the department shall be 383 offered treatment that is suited to his or her needs as 384 determined by health care staff. 385 (b)The department shall provide mental health treatment 386 and services to inmates and may contract with any entities, 387 persons, or agencies qualified to provide such treatment and 388 services. 389 (c)Inmates receiving mental health treatment and services 390 shall be offered the opportunity to participate in the 391 development of a written individualized treatment plan and be 392 provided a copy of such plan before its implementation. It is 393 further the intent of the Legislature that: 394 (d)(1)Inmates in the custody of the department who have 395 mental illnesses that require hospitalization and intensive 396 mental health psychiatric inpatient treatment and services or 397 care shall be offered receive appropriate treatment or care in 398 an inpatient setting Department of Corrections mental health 399 treatment facilities designated for that purpose. Inmates who 400 have mental illnesses that require intensive hospitalization 401 level mental health inpatient treatment and services shall be 402 transferred to a department mental health treatment facility 403 designated for that purpose The Department of Corrections shall 404 provide mental health services to inmates committed to it and 405 may contract with any entities, persons, or agencies qualified 406 to provide such services. 407 (e)(2)Mental health treatment facilities shall be secure 408 and adequately equipped and staffed for the provision of mental 409 health treatment and services. Inmates shall be offered the 410 least restrictive appropriate available treatment and services 411 based on their assessed needs and best interests and consistent 412 with improvement of their condition for facilitation of 413 appropriate adjustment within the correctional environment 414 services and that, to the extent possible, such services be 415 provided in the least restrictive manner consistent with optimum 416 improvement of the inmates condition. 417 (3)EXPRESS AND INFORMED CONSENT. 418 (a)A mentally competent inmate offered mental health 419 treatment within the department shall give his or her express 420 and informed consent for such treatment. Before giving such 421 consent, the following information shall be provided and 422 explained in plain language to the inmate: 423 1.The proposed treatment. 424 2.The purpose of the treatment. 425 3.The common risks, benefits, and side effects of the 426 treatment and the specific dosage range for a medication, if 427 applicable. 428 4.Alternative treatment modalities. 429 5.The approximate length of treatment. 430 6.The potential effects of stopping treatment. 431 7.How treatment will be monitored. 432 8.That any consent given for treatment may be revoked 433 orally or in writing before or during the treatment period by 434 the inmate or by a person legally authorized to make health care 435 decisions on behalf of the inmate. 436 (b)Inmates who are determined to be incompetent to consent 437 to treatment shall receive treatment deemed to be necessary for 438 their appropriate care and for the safety of the inmate or 439 others in accordance with the procedures established in ss. 440 945.40-945.49. 441 (4)(3)PAROLE.Inmates who are transferred to any facility 442 for the purpose of mental health treatment and services shall be 443 given consideration for parole and be eligible for release by 444 reason of gain-time allowances as provided in s. 944.291 and 445 release by expiration of sentence, consistent with guidelines 446 established for that purpose by the department. 447 (5)(4)YOUTHFUL OFFENDERS.Any inmate sentenced as a 448 youthful offender, or designated as a youthful offender by the 449 department under chapter 958, who is transferred pursuant to 450 this act to a mental health treatment facility shall be 451 separated from other inmates, if necessary, as determined by the 452 warden of the mental health treatment facility. 453 (6)(5)TREATMENT FACILITIES.The department may designate 454 mental health treatment facilities for adult, youthful, and 455 female offenders or may contract with other appropriate 456 entities, persons, or agencies for such services. 457 (7)EMERGENCY MEDICAL TREATMENT.Notwithstanding any other 458 provision of this section, when the express and informed consent 459 of an inmate placed in a mental health treatment facility in 460 accordance with s. 945.44 cannot be obtained or the inmate is 461 incompetent to consent to treatment, the warden of a mental 462 health treatment facility, or his or her designated 463 representative, under the direction of the inmates attending 464 physician, may authorize nonpsychiatric, emergency surgical 465 treatment or other routine medical treatment if such treatment 466 is deemed lifesaving or there is a situation threatening serious 467 bodily harm to the inmate. 468 Section 7.Section 945.42, Florida Statutes, is amended to 469 read: 470 945.42Definitions; ss. 945.40-945.49.As used in ss. 471 945.40-945.49, the following terms shall have the meanings 472 ascribed to them, unless the context shall clearly indicate 473 otherwise: 474 (1)Court means the circuit court. 475 (2)Crisis stabilization care means an inpatient a level 476 of care that is less restrictive and intensive intense than care 477 provided in a mental health treatment facility, that includes a 478 broad range of evaluation and treatment and services provided 479 within a secure and highly structured residential setting or 480 locked residential setting, and that is intended for inmates who 481 are experiencing acute psychological emotional distress and who 482 cannot be adequately evaluated and treated in a transitional 483 care unit or infirmary isolation management room. Such treatment 484 and services are is also more intense than treatment and 485 services provided in a transitional care unit and are is devoted 486 principally toward rapid stabilization of acute symptoms and 487 conditions. 488 (3)Department means the Department of Corrections. 489 (4)Express and informed consent means consent 490 voluntarily given in writing by a competent inmate, after 491 sufficient explanation and disclosure of the subject matter 492 involved, to enable the inmate to make a knowing and willful 493 decision without any element of force, fraud, deceit, duress, or 494 other form of constraint or coercion. 495 (5)Gravely disabled means a condition in which an 496 inmate, as a result of a diagnosed mental illness, is: 497 (a)In danger of serious physical harm resulting from the 498 inmates failure to provide for his or her essential physical 499 needs of food, clothing, hygiene, health, or safety without the 500 assistance of others; or 501 (b)Experiencing a substantial deterioration in behavioral 502 functioning evidenced by the inmates unremitting decline in 503 volitional control over his or her actions. 504 (6)Incompetent to consent to treatment means a state in 505 which an inmates judgment is so affected by mental illness that 506 he or she lacks the capacity to make a well-reasoned, willful, 507 and knowing decision concerning his or her medical or mental 508 health treatment and services. The term is distinguished from 509 the term incompetent to proceed, as defined in s. 916.106, and 510 refers only to an inmates inability to provide express and 511 informed consent for medical or mental health treatment and 512 services. 513 (4)Director means the Director for Mental Health 514 Services of the Department of Corrections or his or her 515 designee. 516 (5)In immediate need of care and treatment means that an 517 inmate is apparently mentally ill and is not able to be 518 appropriately cared for in the institution where he or she is 519 confined and that, but for being isolated in a more restrictive 520 and secure housing environment, because of the apparent mental 521 illness: 522 (a)1.The inmate is demonstrating a refusal to care for 523 himself or herself and without immediate treatment intervention 524 is likely to continue to refuse to care for himself or herself, 525 and such refusal poses an immediate, real, and present threat of 526 substantial harm to his or her well-being; or 527 2.There is an immediate, real, and present threat that the 528 inmate will inflict serious bodily harm on himself or herself or 529 another person, as evidenced by recent behavior involving 530 causing, attempting, or threatening such harm; 531 (b)The inmate is unable to determine for himself or 532 herself whether placement is necessary; and 533 (c)All available less restrictive treatment alternatives 534 that would offer an opportunity for improvement of the inmates 535 condition have been clinically determined to be inappropriate. 536 (7)(6)In need of care and treatment means that an inmate 537 has a mental illness for which inpatient services in a mental 538 health treatment facility are necessary and that, but for being 539 isolated in a more restrictive and secure housing environment, 540 because of the mental illness: 541 (a)But for being isolated in a more restrictive and secure 542 housing environment: 543 1.The inmate is demonstrating a refusal to care for 544 himself or herself and without treatment is likely to continue 545 to refuse to care for himself or herself, and such refusal poses 546 a real and present threat of substantial harm to his or her 547 well-being; or 548 2.There is a substantial likelihood that in the near 549 future the inmate will inflict serious bodily harm on himself or 550 herself or another person, as evidenced by recent behavior 551 causing, attempting, or threatening such harm.; 552 (b)The inmate is incompetent to consent to treatment and 553 is unable or is refusing to provide express and informed consent 554 to treatment. 555 (c)(b)The inmate is unable to determine for himself or 556 herself whether placement is necessary.; and 557 (d)(c)All available less restrictive treatment 558 alternatives that would offer an opportunity for improvement of 559 the inmates condition have been clinically determined to be 560 inappropriate. 561 (8)(7)Inmate means any person committed to the custody 562 of the Department of Corrections. 563 (9)Involuntary examination means a psychiatric 564 examination performed at a mental health treatment facility to 565 determine whether an inmate should be placed in the mental 566 health treatment facility for inpatient mental health treatment 567 and services. 568 (10)Likelihood of serious harm means: 569 (a)A substantial risk that the inmate will inflict serious 570 physical harm upon his or her own person, as evidenced by 571 threats or attempts to commit suicide or the actual infliction 572 of serious physical harm on self; 573 (b)A substantial risk that the inmate will inflict 574 physical harm upon another person, as evidenced by behavior 575 which has caused such harm or which places any person in 576 reasonable fear of sustaining such harm; or 577 (c)A reasonable degree of medical certainty that the 578 inmate will suffer serious physical or mental harm, as evidenced 579 by the inmates recent behavior demonstrating an inability to 580 refrain from engaging in self-harm behavior. 581 (11)(8)Mental health treatment facility means any 582 extended treatment or hospitalization-level unit within the 583 corrections system which the Assistant Secretary for Health 584 Services of the department specifically designates by rule to 585 provide acute mental health psychiatric care and which may 586 include involuntary treatment and therapeutic intervention in 587 contrast to less intensive levels of care such as outpatient 588 mental health care, transitional mental health care, or crisis 589 stabilization care. The term does not include a forensic 590 facility as defined in s. 916.106. 591 (12)(9)Mental illness or mentally ill means an 592 impairment of the mental or emotional processes that exercise 593 conscious control of ones actions or of the ability to perceive 594 or understand reality, which impairment substantially interferes 595 with the persons ability to meet the ordinary demands of 596 living. However, for the purposes of transferring an inmate to a 597 mental health treatment facility, the term does not include a 598 developmental disability as defined in s. 393.063, simple 599 intoxication, or conditions manifested only by antisocial 600 behavior or substance abuse addiction. However, an individual 601 who is developmentally disabled may also have a mental illness. 602 (13)(10)Psychiatrist means a medical practitioner 603 licensed pursuant to chapter 458 or chapter 459 who has 604 primarily diagnosed and treated nervous and mental disorders for 605 a period of not less than 3 years inclusive of psychiatric 606 residency. 607 (14)(11)Psychological professional means a behavioral 608 practitioner who has an approved doctoral degree in psychology 609 as defined in s. 490.003(3)(b) s. 490.003(3) and is employed by 610 the department or who is licensed as a psychologist pursuant to 611 chapter 490. 612 (15)(12)Secretary means the Secretary of Corrections. 613 (16)(13)Transitional mental health care means a level of 614 care that is more intensive than outpatient care, but less 615 intensive than crisis stabilization care, and is characterized 616 by the provision of traditional mental health treatment and 617 services, treatments such as group and individual therapy, 618 activity therapy, recreational therapy, and psychotropic 619 medications in the context of a secure, structured residential 620 setting. Transitional mental health care is indicated for an 621 inmate a person with chronic or residual symptomatology who does 622 not require crisis stabilization care or acute mental health 623 psychiatric care, but whose impairment in functioning 624 nevertheless renders him or her incapable of adjusting 625 satisfactorily within the general inmate population. 626 (17)Treatment means psychotropic medications prescribed 627 by a medical practitioner licensed pursuant to chapter 458 or 628 chapter 459, including those laboratory tests and related 629 medical procedures that are essential for the safe and effective 630 administration of a psychotropic medication and psychological 631 interventions and services, such as group and individual 632 psychotherapy, activity therapy, recreational therapy, and music 633 therapy. The term does not include forensic services for inmate 634 defendants who are incompetent to proceed as defined in s. 635 916.106. 636 (18)(14)Warden means the warden of a state corrections 637 facility or his or her designee. 638 Section 8.Section 945.43, Florida Statutes, is amended to 639 read: 640 (Substantial rewording of section. See 641 s. 945.43, F.S., for present text.) 642 945.43Involuntary examination. 643 (1)If there is reason to believe that an inmate has a 644 mental illness and the inmate is in need of care and treatment, 645 the inmates treating clinician may refer the inmate to a mental 646 health treatment facility for an involuntary examination. Upon 647 referral, the warden of the facility where the inmate is housed 648 shall transfer the inmate to a mental health treatment facility. 649 (2)Upon arrival to the mental health treatment facility, 650 the inmate shall be examined by a psychiatrist and a second 651 psychiatrist or psychological professional to determine whether 652 the inmate is in need of care and treatment. 653 (3)If, after the examination, the inmate is determined to 654 be in need of care and treatment, the psychiatrist shall propose 655 a recommended course of treatment that is essential to the care 656 of the inmate, and the warden shall initiate proceedings for 657 placement of the inmate in the mental health treatment facility 658 and for involuntary treatment of the inmate as specified in s. 659 945.44. If the inmate is not in need of care and treatment, he 660 or she shall be transferred out of the mental health treatment 661 facility and provided with appropriate mental health services. 662 (4)The involuntary examination and initiation of court 663 proceedings for the placement and applicable involuntary 664 treatment of the inmate in the mental health treatment facility 665 shall be completed within 10 calendar days after arrival. 666 (5)The inmate may remain in the mental health treatment 667 facility pending a hearing after the timely filing of a petition 668 as described in s. 945.44. Pending a hearing, necessary 669 emergency treatment may be provided in the mental health 670 treatment facility upon the written order of a physician as 671 provided in s. 945.48. 672 Section 9.Section 945.44, Florida Statutes, is amended to 673 read: 674 (Substantial rewording of section. See 675 s. 945.44, F.S., for present text.) 676 945.44Placement and treatment of an inmate in a mental 677 health treatment facility. 678 (1)CRITERIA FOR INVOLUNTARY PLACEMENT OR TREATMENT. 679 (a)An inmate may be placed in a mental health treatment 680 facility if he or she is mentally ill and is in need of care and 681 treatment. 682 (b)An inmate may receive involuntary treatment for which 683 the inmate is unable or has refused to provide express and 684 informed consent, if all of the following apply: 685 1.The inmate is mentally ill; 686 2.The treatment is essential to the care of the inmate; 687 3.The treatment is not experimental and does not present 688 an unreasonable risk of serious, hazardous, or irreversible side 689 effects; 690 4.The inmate is gravely disabled or poses a likelihood of 691 serious harm; and 692 5.The inmate is incompetent to consent to treatment. 693 (2)HEARING PROCEDURES FOR PETITIONS FOR PLACEMENT AND 694 TREATMENT. 695 (a)An inmate may be placed and involuntarily treated in a 696 mental health treatment facility after notice and hearing upon 697 the recommendation of the warden of the facility where the 698 inmate is confined. The warden of the institution where the 699 mental health treatment facility is located shall petition the 700 circuit court serving the county for an order authorizing the 701 placement and treatment of the inmate. The petition must be 702 supported by the expert opinion of at least one of the inmates 703 treating psychiatrists. 704 (b)The inmate shall be provided with a copy of the 705 petition along with the proposed treatment, the basis for the 706 proposed treatment, the names of the examining experts, and the 707 date, time, and location of the hearing. After considering the 708 public safety and security concerns presented by transporting 709 the inmate or in conducting onsite hearings, the court may order 710 that the hearing be conducted by electronic means or in person 711 at the facility or at another location designated by the court. 712 If the hearing is ordered by the court to be conducted at a 713 location other than the facility, the department is authorized 714 to transport the inmate to the location of the hearing. 715 (c)The inmate may have an attorney represent him or her at 716 the hearing, and, if the inmate is indigent, the court shall 717 appoint the office of the public defender or private counsel 718 pursuant to s. 27.40(1) to represent the inmate at the hearing. 719 An attorney representing the inmate shall have access to the 720 inmate and any records, including medical or mental health 721 records, which are relevant to the representation of the inmate. 722 (d)The hearing on the petition for involuntary placement 723 and treatment shall be held as expeditiously as possible after 724 the petition is filed, but no later than 14 calendar days after 725 filing. The court may appoint a general or special magistrate to 726 preside over the hearing. The inmate may testify or not, as he 727 or she chooses, may cross-examine witnesses testifying on behalf 728 of the facility, and may present his or her own witnesses. 729 (e)The court may waive the presence of the inmate at the 730 hearing if the waiver is consistent with the best interests of 731 the inmate and the inmates counsel does not object. One of the 732 inmates physicians whose opinion supported the petition shall 733 appear as a witness at the hearing. 734 (3)ORDERS FOR INVOLUNTARY PLACEMENT AND TREATMENT. 735 (a)If the court finds by clear and convincing evidence 736 that the inmate meets the criteria specified in paragraph 737 (1)(a), the court must order that the inmate be involuntarily 738 placed in the mental health treatment facility for a period not 739 to exceed 6 months. 740 (b)If the court finds by clear and convincing evidence 741 that the inmate meets the criteria specified in paragraph 742 (1)(b), the court may order that the inmate be involuntarily 743 treated for a period not to exceed 6 months, concurrent with an 744 order for placement in the mental health treatment facility. In 745 determining whether to order involuntary treatment under this 746 paragraph, the court must consider the inmates expressed 747 preference regarding treatment, if the inmate is able to express 748 a preference; the probability of adverse side effects; the 749 prognosis for the inmate without treatment; the prognosis for 750 the inmate with treatment; and any other factors the court deems 751 relevant. 752 (4)STATUS HEARINGS AND CONTINUING JURISDICTION.An order 753 authorizing involuntary placement and treatment must allow such 754 placement and treatment for a period not to exceed 6 months 755 following the date of the order. Unless the court is notified in 756 writing that the inmate has been discharged from the mental 757 health treatment facility because he or she is no longer in need 758 of care and treatment, has been transferred to another 759 institution of the department, or has been released from the 760 departments custody, the warden shall, before the expiration of 761 the initial order, file a notice with the court to set a status 762 hearing for an order authorizing the continuation of placement 763 and treatment for another period not to exceed 6 months. This 764 procedure shall be repeated until the inmate is no longer in 765 need of care and treatment. Placement and treatment may be 766 continued pending a hearing after the timely filing of any 767 petition. 768 (5)COPIES OF ORDERS.The court shall provide a copy of its 769 order authorizing placement and treatment along with all 770 supporting documentation relating to the inmates condition to 771 the warden of the mental health treatment facility. 772 (6)DISMISSAL OF PETITIONS.If the court finds that 773 criteria for placement and treatment are not satisfied, it shall 774 dismiss the petition and the inmate shall be transferred out of 775 the mental health treatment facility and provided with 776 appropriate mental health services. 777 Section 10.Section 945.45, Florida Statutes, is repealed. 778 Section 11.Present subsection (3) of section 945.46, 779 Florida Statutes, is renumbered as subsection (5) and amended, 780 and a new subsection (3) and subsection (4) are added to that 781 section, to read: 782 945.46Initiation of involuntary placement proceedings with 783 respect to a mentally ill inmate scheduled for release. 784 (3)The warden shall file, in the court in the county where 785 the inmate is located, petitions for involuntary inpatient 786 placement for inmates scheduled to be released. Upon filing, the 787 clerk of the court shall provide copies to the Department of 788 Children and Families, the inmate, and the state attorney and 789 public defender of the judicial circuit in which the inmate is 790 located. A fee may not be charged for the filing of a petition 791 under chapter 394. Within 1 court working day after the filing 792 of a petition for involuntary inpatient placement, the court 793 shall appoint the public defender to represent the inmate who is 794 the subject of the petition, unless the inmate is otherwise 795 represented by counsel. The clerk of the court shall immediately 796 notify the public defender of such appointment. Any attorney 797 representing the inmate shall have access to the inmate, 798 witnesses, and records relevant to the presentation of the 799 patients case and shall represent the interests of the inmate, 800 regardless of the source of payment to the attorney. The state 801 attorney for the circuit in which the inmate is located shall 802 represent the state, rather than the petitioning warden, as the 803 real party in interest in the proceeding. The remainder of the 804 proceedings shall be governed by chapter 394. 805 (4)After considering the public safety and security 806 concerns presented by transporting a mentally ill inmate or in 807 conducting an onsite hearing, the court may order that the 808 hearing be conducted by electronic means, at the facility in 809 person, or at another location designated by the court. If the 810 hearing is ordered by the court to be conducted at a location 811 other than the facility, the department is authorized to 812 transport the inmate to the location of the hearing. 813 (5)(3)The department may transport an individual who is 814 being released from its custody to a receiving or mental health 815 treatment facility for involuntary examination or placement. 816 Such transport shall be made to a facility that is specified by 817 the Department of Children and Families as able to meet the 818 specific needs of the individual. If the Department of Children 819 and Families does not specify a facility, transport shall may be 820 made to the nearest receiving facility. 821 Section 12.Section 945.47, Florida Statutes, is amended to 822 read: 823 945.47Discharge of inmate from mental health treatment. 824 (1)An inmate who has been placed in a mental health 825 treatment facility transferred for the purpose of mental health 826 treatment shall be discharged from treatment by the warden under 827 the following conditions: 828 (a)If the inmate is no longer in need of care and 829 treatment, as defined in s. 945.42, he or she may be transferred 830 out of the mental health treatment facility and provided with 831 appropriate mental health services; or 832 (b)If the inmates sentence expires during his or her 833 treatment, but he or she is no longer in need of care and 834 treatment as an inpatient, the inmate may be released with a 835 recommendation for outpatient treatment, pursuant to the 836 provisions of ss. 945.40-945.49. 837 (2)At any time that an inmate who has received mental 838 health treatment while in the custody of the department becomes 839 eligible for release under supervision or upon end of sentence, 840 a record of the inmates mental health treatment may be provided 841 to the Florida Commission on Offender Review, and to the 842 Department of Children and Families to arrange postrelease 843 aftercare placement, and to prospective recipient inpatient 844 health care or residential facilities upon request. The record 845 shall include, at a minimum, a summary of the inmates 846 diagnosis, length of stay in treatment, clinical history, 847 prognosis, prescribed medication, treatment plan, and 848 recommendations for aftercare services. 849 Section 13.Section 945.48, Florida Statutes, is amended to 850 read: 851 (Substantial rewording of section. See 852 s. 945.48, F.S., for present text.) 853 945.48Emergency treatment orders and use of force. 854 (1)EMERGENCY MEDICATION.The department is authorized to 855 involuntarily administer psychotropic medication to an inmate on 856 an emergency basis without following the procedure outlined in 857 s. 945.43 only as specified in this section. An emergency 858 treatment order for psychotropic medication may be provided to 859 the inmate upon the written order of a physician licensed 860 pursuant to chapter 458 or chapter 459 in an emergency not 861 exceeding 72 hours, excluding weekends and legal holidays. An 862 emergency exists when an inmate with a mental illness presents 863 an immediate threat of: 864 (a)Bodily harm to self or others; or 865 (b)Extreme deterioration in behavioral functioning 866 secondary to the mental illness. 867 (2)PSYCHOTROPIC MEDICATION.Psychotropic medication may be 868 administered only when the medication constitutes an appropriate 869 treatment for a mental illness and its symptoms and alternative 870 treatments are not available or indicated, or would not be 871 effective. If after the 72-hour period the inmate has not given 872 express and informed consent to the medication initially 873 refused, the inmates treating physician shall refer the inmate 874 to a mental health treatment facility for an involuntary 875 examination in accordance with the procedures described in s. 876 945.43. Upon such referral, the warden shall, within 48 hours, 877 excluding weekends and legal holidays, transfer the inmate to a 878 mental health treatment facility. Upon transfer of the inmate 879 for an involuntary examination, the emergency treatment order 880 may be continued upon the written order of a physician as long 881 as the physician has determined that the emergency continues to 882 present a danger to the safety of the inmate or others and the 883 criteria described in this subsection are satisfied. If 884 psychotropic medication is still recommended after the 885 emergency, it may only be administered after following the 886 procedures outlined in s. 945.44. 887 (3)USE OF FORCE.An employee or agent of the department is 888 authorized to apply physical force upon an inmate when and to 889 the extent that it reasonably appears necessary to effectuate 890 the treatment of an inmate as described in this section, for the 891 application of psychiatric restraint, to effectuate clinically 892 necessary hygiene, or pursuant to a valid court order issued 893 under s. 945.44 or s. 945.485. The requirements of s. 944.35 894 shall be followed when using force to effectuate such treatment, 895 apply such restraint, or effectuate such hygiene. 896 Section 14.Section 945.485, Florida Statutes, is created 897 to read: 898 945.485Management and treatment for self-injurious 899 behaviors. 900 (1)The Legislature finds that nonsuicidal self-injurious 901 behaviors in correctional institutions, or acts intended to 902 cause bodily harm but not death, have increased in the 903 correctional environment. Self-injurious behavior may include 904 nonsuicidal self-injury or self-mutilation, such as cutting, 905 reopening wounds, and ingesting or inserting foreign objects or 906 dangerous instruments into the body. These behaviors pose a 907 significant threat to inmates, staff, and, in many cases, the 908 safe and secure operation of the correctional institution. In 909 addition, self-injurious behaviors, coupled with the inmates 910 repeated refusals to provide express and informed consent for 911 medical treatment and care, are a significant challenge for 912 correctional medical and mental health professionals, resulting 913 in higher costs for medical services, and may result in 914 inadvertent mortality in the incarcerated population. 915 (2)In accordance with s. 945.6402, the Legislature finds 916 that an inmate retains the fundamental right of self 917 determination regarding decisions pertaining to his or her own 918 health, including the right to choose or refuse medical 919 treatment or life-saving medical procedures. However, the 920 inmates right to privacy and decisionmaking regarding medical 921 treatment may be outweighed by compelling state interests. 922 (3)When an inmate is engaging in active or ongoing self 923 injurious behavior and has refused to provide express and 924 informed consent for treatment related to the self-injurious 925 behavior, the warden of the facility where the inmate is housed 926 shall consult with the inmates treating physician regarding the 927 inmates medical and mental health status, current medical and 928 mental health treatment needs, and competency to provide express 929 and informed consent for treatment. The warden shall also 930 determine whether the inmates self-injurious behavior presents 931 a danger to the safety of department staff or other inmates or 932 the security, internal order, or discipline of the institution. 933 (a)If the inmates treating physician determines that the 934 inmate has a mental illness and is incompetent to consent to 935 treatment, the physician shall proceed in accordance with s. 936 945.6402 for any necessary surgical or medical services. If the 937 inmate is in need of care and treatment as defined in s. 945.42, 938 the inmate shall be referred to a mental health treatment 939 facility for an involuntary examination in accordance with s. 940 945.44. 941 (b)If the inmate is competent, refusing necessary surgical 942 or medical treatment, and engaging in active or ongoing self 943 injurious behavior that presents a threat to the safety of 944 department staff or other inmates or the security, internal 945 order, or discipline of the institution, the warden shall follow 946 the procedure set forth in subsection (4). 947 (4)(a)The warden, or his or her designated representative, 948 shall, on behalf of the state, petition the circuit court of the 949 county in which the inmate is residing or the county in which 950 the inmate is hospitalized for an order compelling the inmate to 951 submit to emergency surgical intervention or other medical 952 services to the extent necessary to remedy the threat to the 953 safety of staff or other inmates or the security, internal 954 order, or discipline of the institution. The petition must be 955 supported by the expert opinion of at least one of the inmates 956 treating physicians and may be supported by other staff as 957 necessary. 958 (b)The inmate shall be provided with a copy of the 959 petition along with the proposed intervention, the basis for the 960 proposed intervention, the names of the testifying experts and 961 witnesses, and the date, time, and location of the hearing. 962 After considering the medical status of the inmate, public 963 safety, and security concerns presented by transporting the 964 inmate, the court may order that the hearing be conducted by 965 electronic means or in person at the institution or at another 966 location designated by the court. If the hearing is ordered by 967 the court to be conducted at a location other than the 968 institution, the department is authorized to transport the 969 inmate to the location of the hearing. 970 (c)The inmate may have an attorney represent him or her at 971 the hearing, and, if the inmate is indigent, the court shall 972 appoint the office of the public defender or private counsel 973 pursuant to s. 27.40(1) to represent the inmate at the hearing. 974 An attorney representing the inmate shall have access to the 975 inmate and any records, including medical or mental health 976 records, which are relevant to the representation of the inmate. 977 (d)The hearing on the petition shall be held as 978 expeditiously as possible after the petition is filed, but no 979 later than 5 calendar days after filing. The court may appoint a 980 general or special magistrate to preside. The inmate may testify 981 or not, as he or she chooses, may cross-examine witnesses 982 testifying on behalf of the institution, and may present his or 983 her own witnesses. 984 (e)The court may waive the presence of the inmate at the 985 hearing if the waiver is consistent with the best interests of 986 the inmate and the inmates counsel does not object. 987 (f)The court shall determine whether the warden has 988 established, by clear and convincing evidence, a compelling 989 state interest sufficient to outweigh the inmates right to 990 refuse treatment. The court shall consider all of the following: 991 1.Preservation of the life of the inmate. 992 2.Prevention of suicide. 993 3.Protection of innocent third parties. 994 4.Maintenance of the ethical integrity of the medical 995 profession. 996 5.Preservation of the security, internal order, or 997 discipline of the institution. 998 6.Rehabilitation of the inmate. 999 7.Any other compelling state interest. 1000 (g)If the court determines that there are compelling state 1001 interests sufficient to override the inmates right to refuse 1002 treatment, the court shall enter an order authorizing emergency 1003 surgical intervention or other medical services, narrowly 1004 tailored and in the least intrusive manner possible, only as 1005 necessary to remedy the threat to the safety of third parties or 1006 the security, internal order, or discipline of the institution. 1007 Emergency surgical intervention or other medical services 1008 authorized by the court may be carried out at the institution or 1009 at a licensed hospital, as applicable. 1010 (5)This section does not repeal by implication any 1011 provision of s. 766.103, the Florida Medical Consent Law, or s. 1012 768.13, the Good Samaritan Act. For all purposes, the Florida 1013 Medical Consent Law and the Good Samaritan Act shall be 1014 considered alternatives to this section. 1015 Section 15.Subsection (2) of section 945.49, Florida 1016 Statutes, is amended to read: 1017 945.49Operation and administration. 1018 (2)RULES.The department, in cooperation with the Mental 1019 Health Program Office of the Department of Children and 1020 Families, shall adopt rules necessary for administration of ss. 1021 945.40-945.49 in accordance with chapter 120. 1022 Section 16.Section 945.6402, Florida Statutes, is created 1023 to read: 1024 945.6402Inmate health care advance directives. 1025 (1)DEFINITIONS.The terms used in this section have the 1026 same meanings as in s. 765.101 unless otherwise specified in 1027 this section. For purposes of this section, the term: 1028 (a)Health care facility has the same meaning as in s. 1029 765.101 and includes any correctional institution or facility 1030 where health care is provided. 1031 (b)Incapacity or incompetent means an inmate is 1032 physically or mentally unable to communicate a willful and 1033 knowing health care decision. 1034 (c)Informed consent means consent voluntarily given by 1035 an inmate after a sufficient explanation and disclosure of the 1036 subject matter involved to enable the inmate to have a general 1037 understanding of the treatment or procedure and the medically 1038 acceptable alternatives, including the substantial risks and 1039 hazards inherent in the proposed treatment or procedures, and to 1040 make a knowing health care decision without coercion or undue 1041 influence. 1042 (d)Inmate means any person committed to the custody of 1043 the department. 1044 (e)Ombudsman means an individual designated and 1045 specifically trained by the department to identify conditions 1046 that may pose a threat to the rights, health, safety, and 1047 welfare of inmates in a health care facility and who may be 1048 appointed to serve as a proxy for an inmate who is physically or 1049 mentally unable to communicate a willful and knowing health care 1050 decision. 1051 (f)Proxy means a competent adult who has not been 1052 expressly designated to make health care decisions for a 1053 particular incapacitated inmate, but who, nevertheless, is 1054 authorized pursuant to s. 765.401 and as specified in this 1055 section to make health care decisions for such inmate. 1056 (g)Proxy review team means a team of at least five 1057 members, appointed by the Assistant Secretary for Health 1058 Services. The team shall be composed of, at a minimum, one 1059 physician licensed pursuant to chapter 458 or chapter 459, one 1060 psychologist licensed pursuant to chapter 490, one nurse 1061 licensed pursuant to chapter 464, and one department chaplain. 1062 (2)LEGISLATIVE FINDINGS AND INTENT.- 1063 (a)In accordance with chapter 765, the Legislature finds 1064 that an inmate retains the fundamental right of self 1065 determination regarding decisions pertaining to his or her own 1066 health, including the right to choose or refuse medical 1067 treatment. In accordance with chapter 765, this right is subject 1068 to certain institutional interests, including the protection of 1069 human life, the preservation of ethical standards in the medical 1070 profession, and, for inmates committed to the custody of the 1071 department, the security and good order of the institutional 1072 setting. 1073 (b)To ensure that such right is not lost or diminished by 1074 virtue of later physical or mental incapacity, the Legislature 1075 intends that the procedures specified in chapter 765, and as 1076 modified in this section for the institutional health care 1077 setting, apply to incarcerated inmates. These procedures should 1078 be less expensive and less restrictive than guardianship and 1079 allow an inmate to plan for incapacity by executing a document 1080 or orally designating another person to direct the course of his 1081 or her health care or receive his or her health information, or 1082 both, upon his or her incapacity. These procedures permit a 1083 previously incapacitated inmate to exercise his or her full 1084 right to make health care decisions as soon as the capacity to 1085 make such decisions has been regained. 1086 (c)In order to ensure that the rights and intentions of an 1087 inmate are respected when the inmate is not able to participate 1088 actively in decisions concerning himself or herself, and to 1089 encourage communication between the inmate, his or her family, 1090 and his or her treating physicians, the Legislature declares 1091 that the laws of this state recognize the right of a competent 1092 incarcerated adult to make an advance directive instructing his 1093 or her physicians to provide, withhold, or withdraw life 1094 prolonging procedures or to designate another person to make the 1095 health care decision for him or her in the event that such 1096 incarcerated person should become incapacitated and unable to 1097 personally direct his or her health care. It is further the 1098 intent of the Legislature that the department provide the 1099 opportunity for inmates to make advance directives as specified 1100 in this section. 1101 (d)The Legislature further recognizes that incarcerated 1102 inmates may not avail themselves of the opportunity to make an 1103 advance directive or, because of incarceration, may not have a 1104 surrogate, as defined in s. 765.101, willing, able, or 1105 reasonably available to make health care decisions on their 1106 behalf. Additionally, because of incarceration, the individuals 1107 designated in s. 765.401 who are eligible to serve as an 1108 appointed proxy may not be reasonably available, willing, or 1109 competent to make health care decisions for the inmate in the 1110 event of incapacity. Thus, it is the intent of the Legislature 1111 that the department have an efficient process that is less 1112 expensive and less restrictive than guardianship for the 1113 appointment of a proxy to allow for the expedient delivery of 1114 necessary health care to an incarcerated inmate. 1115 (e)This section does not supersede the process for inmate 1116 involuntary mental health treatment specified in ss. 945.40 1117 945.49. 1118 (3)CAPACITY OF INMATE; PROCEDURE. 1119 (a)An inmate is presumed to be capable of making health 1120 care decisions for himself or herself unless he or she is 1121 determined to be incapacitated. When an inmate has 1122 decisionmaking capacity, the inmates wishes are controlling. 1123 Each physician or health care provider must clearly communicate 1124 the treatment plan and any change to the treatment plan before 1125 implementation of the plan or any change to the plan. Incapacity 1126 may not be inferred from an inmates involuntary hospitalization 1127 for mental illness or from his or her intellectual disability. 1128 (b)If an inmates capacity to make health care decisions 1129 for himself or herself or provide informed consent is in 1130 question, the inmates treating physician at the health care 1131 facility where the inmate is located shall evaluate the inmates 1132 capacity and, if the evaluating physician concludes that the 1133 inmate lacks capacity, enter that evaluation in the inmates 1134 medical record. If the evaluating physician has a question as to 1135 whether the inmate lacks capacity, another physician shall also 1136 evaluate the inmates capacity, and if the second physician 1137 finds that the inmate lacks the capacity to make health care 1138 decisions for himself or herself or provide informed consent, 1139 both physicians evaluations shall be entered in the inmates 1140 medical record. 1141 (c)If the inmate is found to be incapacitated and has 1142 designated a health care surrogate in accordance with chapter 1143 765, the institutions or facilitys health care staff shall 1144 notify the surrogate and proceed as specified in chapter 765. If 1145 the incapacitated inmate has not designated a health care 1146 surrogate, the health care facility shall appoint a proxy to 1147 make health care decisions for the inmate as specified in this 1148 section. 1149 (d)A determination made pursuant to this section that an 1150 inmate lacks the capacity to make health care decisions for 1151 himself or herself may not be construed as a finding that an 1152 inmate lacks capacity for any other purpose. 1153 (4)HEALTH CARE ADVANCE DIRECTIVE; PROCEDURE. 1154 (a)In accordance with chapter 765, the department shall 1155 offer inmates the opportunity to execute an advance directive as 1156 defined in s. 765.101. 1157 (b)The department shall provide to each inmate written 1158 information concerning advance directives and necessary forms to 1159 allow inmates to execute an advance directive. The department 1160 and its health care providers shall document in the inmates 1161 medical records whether the inmate has executed an advance 1162 directive. Neither the department nor its health care providers 1163 may require an inmate to execute an advance directive using the 1164 departments forms. The inmates advance directive shall travel 1165 with the inmate within the department as part of the inmates 1166 medical record. 1167 (c)An advance directive may be amended or revoked at any 1168 time by a competent inmate by means of: 1169 1.A signed, dated writing of intent to amend or revoke; 1170 2.The physical cancellation or destruction of the advance 1171 directive by the inmate or by another person in the inmates 1172 presence and at the inmates direction; 1173 3.An oral expression of intent to amend or revoke; or 1174 4.A subsequently executed advance directive that is 1175 materially different from a previously executed advance 1176 directive. 1177 (5)PROXY. 1178 (a)If an incapacitated inmate has not executed an advance 1179 directive or designated a health care surrogate in accordance 1180 with the procedures specified in chapter 765, or the designated 1181 health care surrogate is no longer available to make health care 1182 decisions, health care decisions may be made for the inmate by 1183 any of the individuals specified in the priority order provided 1184 in s. 765.401(1)(a)-(g) as proxy. Documentation of the efforts 1185 to locate a proxy from the classes specified in s. 1186 765.401(1)(a)-(g) shall be recorded in the inmates medical 1187 file. 1188 (b)If there are no individuals as specified in s. 1189 765.401(1)(a)-(g) available, willing, or competent to act on 1190 behalf of the inmate, and the inmate is housed in a correctional 1191 institution or facility where health care is provided in a 1192 nonhospital setting, the warden of the institution where the 1193 inmate is housed, or the wardens designee, shall consult with 1194 the Assistant Secretary for Health Services or his or her 1195 designee, who shall appoint a department ombudsman to serve as 1196 the proxy. This appointment terminates when the inmate regains 1197 capacity or is no longer incarcerated in the custody of the 1198 department. In accordance with chapter 765 and as provided in 1199 this section, decisions to withhold or withdraw life-prolonging 1200 procedures will be reviewed by the departments proxy review 1201 team for compliance with chapter 765 and the requirements of 1202 this section. 1203 (c)The ombudsman appointed to serve as the proxy is 1204 authorized to request the assistance of the treating physician 1205 and, upon request, a second physician not involved in the 1206 inmates care to assist the proxy in evaluating the inmates 1207 treatment. 1208 (d)In accordance with chapter 765, any health care 1209 decision made by any appointed proxy under this section must be 1210 based on the proxys informed consent and on the decision that 1211 the proxy reasonably believes the inmate would have made under 1212 the circumstances. If there is no indication of what decision 1213 the inmate would have made, the proxy may consider the inmates 1214 best interest in deciding that proposed treatments are to be 1215 withheld or that treatments currently in effect are to be 1216 withdrawn. 1217 (e)Before exercising the incapacitated inmates rights to 1218 select or decline health care, the proxy must comply with ss. 1219 765.205 and 765.305, except that any proxys decision to 1220 withhold or withdraw life-prolonging procedures must be 1221 supported by clear and convincing evidence that the decision 1222 would have been the one the inmate would have made had he or she 1223 been competent or, if there is no indication of what decision 1224 the inmate would have made, that the decision is in the inmates 1225 best interest. 1226 (f)Notwithstanding s. 456.057 and pursuant to s. 945.10 1227 and 45 C.F.R. part 164, subpart E, relevant protected health 1228 information and mental health and medical records of an 1229 incapacitated inmate may be disclosed to a proxy appointed to 1230 make health care decisions for an inmate. 1231 (6)USE OF FORCE.In addition to s. 944.35(1), an employee 1232 of the department may apply reasonable physical force upon an 1233 incapacitated inmate to administer medical treatment only by or 1234 under the clinical supervision of a physician or his or her 1235 designee and only to carry out a health care decision made in 1236 accordance with this section and chapter 765. 1237 (7)IMMUNITY FROM LIABILITY.A department health care 1238 provider, ombudsman, or other employee who acts under the 1239 direction of a health care provider as authorized in this 1240 section or chapter 765 is not subject to criminal prosecution or 1241 civil liability and may not be deemed to have engaged in 1242 unprofessional conduct as a result of carrying out a health care 1243 decision made in accordance with this section or chapter 765 on 1244 an inmates behalf. 1245 Section 17.Section 947.02, Florida Statutes, is amended to 1246 read: 1247 947.02Florida Commission on Offender Review; members, 1248 appointment. 1249 (1)Except as provided in s. 947.021, The members of the 1250 Florida commission on Offender Review shall be directly 1251 appointed by the Governor and Cabinet from a list of eligible 1252 applicants submitted by a parole qualifications committee. The 1253 appointments of members of the commission shall be certified to 1254 the Senate by the Governor and Cabinet for confirmation, and the 1255 membership of the commission shall include representation from 1256 minority persons as defined in s. 288.703. 1257 (2)If the Legislature decreases the membership of the 1258 commission, all commission member terms of office shall expire 1259 and new members of the commission must be appointed in 1260 accordance with subsection (1). Members appointed to the 1261 commission may be selected from incumbents A parole 1262 qualifications committee shall consist of five persons who are 1263 appointed by the Governor and Cabinet. One member shall be 1264 designated as chair by the Governor and Cabinet. The committee 1265 shall provide for statewide advertisement and the receiving of 1266 applications for any position or positions on the commission and 1267 shall devise a plan for the determination of the qualifications 1268 of the applicants by investigations and comprehensive 1269 evaluations, including, but not limited to, investigation and 1270 evaluation of the character, habits, and philosophy of each 1271 applicant. Each parole qualifications committee shall exist for 1272 2 years. If additional vacancies on the commission occur during 1273 this 2-year period, the committee may advertise and accept 1274 additional applications; however, all previously submitted 1275 applications shall be considered along with the new applications 1276 according to the previously established plan for the evaluation 1277 of the qualifications of applicants. 1278 (3)Within 90 days before an anticipated vacancy by 1279 expiration of term pursuant to s. 947.03 or upon any other 1280 vacancy, the Governor and Cabinet shall appoint a parole 1281 qualifications committee if one has not been appointed during 1282 the previous 2 years. The committee shall consider applications 1283 for the commission seat, including the application of an 1284 incumbent commissioner if he or she applies, according to 1285 subsection (2). The committee shall submit a list of three 1286 eligible applicants, which may include the incumbent if the 1287 committee so decides, without recommendation, to the Governor 1288 and Cabinet for appointment to the commission. In the case of an 1289 unexpired term, the appointment must be for the remainder of the 1290 unexpired term and until a successor is appointed and qualified. 1291 If more than one seat is vacant, the committee shall submit a 1292 list of eligible applicants, without recommendation, containing 1293 a number of names equal to three times the number of vacant 1294 seats; however, the names submitted may not be distinguished by 1295 seat, and each submitted applicant shall be considered eligible 1296 for each vacancy. 1297 (4)Upon receiving a list of eligible persons from the 1298 parole qualifications committee, the Governor and Cabinet may 1299 reject the list. If the list is rejected, the committee shall 1300 reinitiate the application and examination procedure according 1301 to subsection (2). 1302 (5)Section 120.525 and chapters 119 and 286 apply to all 1303 activities and proceedings of a parole qualifications committee. 1304 Section 18.Section 947.021, Florida Statutes, is repealed. 1305 Section 19.Subsection (2) of section 947.12, Florida 1306 Statutes, is amended to read: 1307 947.12Members, employees, expenses. 1308 (2)The members of the examining board created in s. 947.02 1309 shall each be paid per diem and travel expenses pursuant to s. 1310 112.061 when traveling in the performance of their duties. 1311 Section 20.Paragraph (g) of subsection (1) and subsection 1312 (5) of section 957.04, Florida Statutes, are amended to read: 1313 957.04Contract requirements. 1314 (1)A contract entered into under this chapter for the 1315 operation of contractor-operated correctional facilities shall 1316 maximize the cost savings of such facilities and: 1317 (g)Require the contractor to be responsible for a range of 1318 dental, medical, and psychological services; diet; education; 1319 and work programs at least equal to those provided by the 1320 department in comparable facilities. The work and education 1321 programs must be designed to reduce recidivism, and include 1322 opportunities to participate in such work programs as authorized 1323 pursuant to s. 946.523. However, with respect to the dental, 1324 medical, psychological, and dietary services, the department is 1325 authorized to exclude any or all of these services from a 1326 contract for private correctional services entered into under 1327 this chapter and retain responsibility for the delivery of those 1328 services, if the department finds it to be in the best interests 1329 of the state. 1330 (5)Each contract entered into by the department must 1331 include substantial minority participation unless demonstrated 1332 by evidence, after a good faith effort, as impractical and must 1333 also include any other requirements the department considers 1334 necessary and appropriate for carrying out the purposes of this 1335 chapter. 1336 Section 21.Subsection (3) of section 957.09, Florida 1337 Statutes, is amended to read: 1338 957.09Applicability of chapter to other provisions of 1339 law. 1340 (3)The provisions of law governing the participation of 1341 minority business enterprises are applicable to this chapter. 1342 Section 22.Subsection (2) of section 20.32, Florida 1343 Statutes, is amended to read: 1344 20.32Florida Commission on Offender Review. 1345 (2)All powers, duties, and functions relating to the 1346 appointment of the Florida Commission on Offender Review as 1347 provided in s. 947.02 or s. 947.021 shall be exercised and 1348 performed by the Governor and Cabinet. Except as provided in s. 1349 947.021, Each appointment shall be made from among the first 1350 three eligible persons on the list of the persons eligible for 1351 said position. 1352 Section 23.This act shall take effect July 1, 2025.
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