CS for SB 7068                                  Second Engrossed
       
       
       
       
       
       
       
       
       20157068e2
       
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         providing a directive to the Division of Law Revision
    4         and Information; amending ss. 29.004, 39.001, 39.507,
    5         and 39.521, F.S.; conforming provisions to changes
    6         made by the act; amending s. 381.0056, F.S.; revising
    7         the definition of the term “emergency health needs”;
    8         requiring school health services plans to include
    9         notification requirements when a student is removed
   10         from school, school transportation, or a school
   11         sponsored activity for involuntary examination;
   12         amending s. 394.453, F.S.; providing legislative
   13         intent regarding the development of programs related
   14         to substance abuse impairment by the Department of
   15         Children and Families; expanding legislative intent
   16         related to a guarantee of dignity and human rights to
   17         all individuals who are admitted to substance abuse
   18         treatment facilities; amending s. 394.455, F.S.;
   19         defining and redefining terms; deleting terms;
   20         amending s. 394.457, F.S.; adding substance abuse
   21         services as a program focus for which the Department
   22         of Children and Families is responsible; deleting a
   23         requirement that the department establish minimum
   24         standards for personnel employed in mental health
   25         programs and provide orientation and training
   26         materials; amending s. 394.4573, F.S.; deleting a
   27         term; adding substance abuse care as an element of the
   28         continuity of care management system that the
   29         department must establish; deleting duties and
   30         measures of performance of the department regarding
   31         the continuity of care management system; amending s.
   32         394.459, F.S.; extending a right to dignity to all
   33         individuals held for examination or admitted for
   34         mental health or substance abuse treatment; providing
   35         procedural requirements that must be followed to
   36         detain without consent an individual who has a
   37         substance abuse impairment but who has not been
   38         charged with a criminal offense; providing that
   39         individuals held for examination or admitted for
   40         treatment at a facility have a right to certain
   41         evaluation and treatment procedures; removing
   42         provisions regarding express and informed consent for
   43         medical procedures requiring the use of a general
   44         anesthetic or electroconvulsive treatment; requiring
   45         facilities to have written procedures for reporting
   46         events that place individuals receiving services at
   47         risk of harm; requiring service providers to provide
   48         information concerning advance directives to
   49         individuals receiving services; amending s. 394.4597,
   50         F.S.; specifying certain persons who are prohibited
   51         from being selected as an individual’s representative;
   52         providing certain rights to representatives; amending
   53         s. 394.4598, F.S.; specifying certain persons who are
   54         prohibited from being appointed as an individual’s
   55         guardian advocate; providing guidelines for decisions
   56         of guardian advocates; amending s. 394.4599, F.S.;
   57         including health care surrogates and proxies as
   58         individuals who may act on behalf of an individual
   59         involuntarily admitted to a facility; requiring a
   60         receiving facility to give notice immediately of the
   61         whereabouts of a minor who is being held involuntarily
   62         to the minor’s parent, guardian, caregiver, or
   63         guardian advocate; providing circumstances when
   64         notification may be delayed; requiring the receiving
   65         facility to make continuous attempts to notify;
   66         authorizing the receiving facility to seek assistant
   67         from law enforcement under certain circumstances;
   68         requiring the receiving facility to document
   69         notification attempts in the minor’s clinical record;
   70         amending s. 394.4615, F.S.; adding a condition under
   71         which the clinical record of an individual must be
   72         released to the state attorney; providing for the
   73         release of information from the clinical record to law
   74         enforcement agencies under certain circumstances;
   75         amending s. 394.462, F.S.; providing that a person in
   76         custody for a felony other than a forcible felony must
   77         be transported to the nearest receiving facility for
   78         examination; providing that a law enforcement officer
   79         may transport an individual meeting the criteria for
   80         voluntary admission to a mental health receiving
   81         facility, addictions receiving facility, or
   82         detoxification facility at the individual’s request;
   83         amending s. 394.4625, F.S.; providing criteria for the
   84         examination and treatment of an individual who is
   85         voluntarily admitted to a facility; providing criteria
   86         for the release or discharge of the individual;
   87         providing that a voluntarily admitted individual who
   88         is released or discharged and who is currently charged
   89         with a crime shall be returned to the custody of a law
   90         enforcement officer; providing procedures for
   91         transferring an individual to voluntary status and
   92         involuntary status; amending s. 394.463, F.S.;
   93         providing for the involuntary examination of a person
   94         for a substance abuse impairment; providing for the
   95         transportation of an individual for an involuntary
   96         examination; providing that a certificate for an
   97         involuntary examination must contain certain
   98         information; providing criteria and procedures for the
   99         release of an individual held for involuntary
  100         examination from receiving or treatment facilities;
  101         amending s. 394.4655, F.S.; adding substance abuse
  102         impairment as a condition to which criteria for
  103         involuntary outpatient placement apply; requiring the
  104         court to appoint the office of criminal conflict and
  105         civil regional counsel under certain circumstances;
  106         providing guidelines for an attorney representing an
  107         individual subject to proceedings for involuntary
  108         outpatient placement; providing guidelines for the
  109         state attorney in prosecuting a petition for
  110         involuntary placement; requiring the court to consider
  111         certain information when determining whether to
  112         appoint a guardian advocate for the individual;
  113         requiring the court to inform the individual and his
  114         or her representatives of the individual’s right to an
  115         independent expert examination with regard to
  116         proceedings for involuntary outpatient placement;
  117         amending s. 394.467, F.S.; adding substance abuse
  118         impairment as a condition to which criteria for
  119         involuntary inpatient placement apply; adding
  120         addictions receiving facilities and detoxification
  121         facilities as identified receiving facilities;
  122         providing for first and second medical opinions in
  123         proceedings for placement for treatment of substance
  124         abuse impairment; requiring the court to appoint the
  125         office of criminal conflict and civil regional counsel
  126         under certain circumstances; providing guidelines for
  127         attorney representation of an individual subject to
  128         proceedings for involuntary inpatient placement;
  129         providing guidelines for the state attorney in
  130         prosecuting a petition for involuntary placement;
  131         setting standards for the court to accept a waiver of
  132         the individual’s rights; requiring the court to
  133         consider certain testimony regarding the individual’s
  134         prior history in proceedings; requiring the Division
  135         of Administrative Hearings to inform the individual
  136         and his or her representatives of the right to an
  137         independent expert examination; amending s. 394.4672,
  138         F.S.; providing authority of facilities of the United
  139         States Department of Veterans Affairs to conduct
  140         certain examinations and provide certain treatments;
  141         amending s. 394.47891, F.S.; expanding eligibility
  142         criteria for military veterans’ and servicemembers’
  143         court programs; creating s. 394.47892, F.S.;
  144         authorizing counties to fund treatment-based mental
  145         health court programs; providing legislative intent;
  146         providing that pretrial program participation is
  147         voluntary; specifying criteria that a court must
  148         consider before sentencing a person to a
  149         postadjudicatory treatment-based mental health court
  150         program; requiring a judge presiding over a
  151         postadjudicatory treatment-based mental health court
  152         program to hear a violation of probation or community
  153         control under certain circumstances; providing that
  154         treatment-based mental health court programs may
  155         include specified programs; requiring a judicial
  156         circuit with a treatment-based mental health court
  157         program to establish a coordinator position, subject
  158         to annual appropriation by the Legislature; providing
  159         county funding requirements for treatment-based mental
  160         health court programs; authorizing the chief judge of
  161         a judicial circuit to appoint an advisory committee
  162         for the treatment-based mental health court program;
  163         specifying membership of the committee; amending s.
  164         394.656, F.S.; renaming the Criminal Justice, Mental
  165         Health, and Substance Abuse Statewide Grant Review
  166         Committee as the Criminal Justice, Mental Health, and
  167         Substance Abuse Statewide Grant Policy Committee;
  168         providing additional members of the committee;
  169         providing duties of the committee; providing
  170         additional qualifications for committee members;
  171         directing the Department of Children and Families to
  172         create a grant review and selection committee;
  173         providing duties of the committee; authorizing a
  174         designated not-for-profit community provider, managing
  175         entity, or coordinated care organization to apply for
  176         certain grants; providing eligibility requirements;
  177         defining the term “sequential intercept mapping”;
  178         removing provisions relating to applications for
  179         certain planning grants; amending s. 394.875, F.S.;
  180         removing a limitation on the number of beds in crisis
  181         stabilization units; creating s. 765.4015, F.S.;
  182         providing a short title; creating s. 765.402, F.S.;
  183         providing legislative findings; creating s. 765.403,
  184         F.S.; defining terms; creating s. 765.405, F.S.;
  185         authorizing an adult with capacity to execute a mental
  186         health or substance abuse treatment advance directive;
  187         providing a presumption of validity if certain
  188         requirements are met; specifying provisions that an
  189         advance directive may include; creating s. 765.406,
  190         F.S.; providing for execution of the mental health or
  191         substance abuse treatment advance directive;
  192         establishing requirements for a valid mental health or
  193         substance abuse treatment advance directive; providing
  194         that a mental health or substance abuse treatment
  195         advance directive is valid upon execution even if a
  196         part of the advance directive takes effect at a later
  197         date; allowing a mental health or substance abuse
  198         treatment advance directive to be revoked, in whole or
  199         in part, or to expire under its own terms; specifying
  200         that a mental health or substance abuse treatment
  201         advance directive does not or may not serve specified
  202         purposes; creating s. 765.407, F.S.; providing
  203         circumstances under which a mental health or substance
  204         abuse treatment advance directive may be revoked;
  205         providing circumstances under which a principal may
  206         waive specific directive provisions without revoking
  207         the advance directive; creating s. 765.410, F.S.;
  208         prohibiting criminal prosecution of a health care
  209         facility, provider, or surrogate who acts pursuant to
  210         a mental health or substance abuse treatment decision;
  211         providing applicability; creating s. 765.411, F.S.;
  212         providing for recognition of a mental health and
  213         substance abuse treatment advance directive executed
  214         in another state if it complies with the laws of this
  215         state; amending s. 910.035, F.S.; defining the term
  216         “problem-solving court”; authorizing a person eligible
  217         for participation in a problem-solving court to
  218         transfer his or her case to another county’s problem
  219         solving court under certain circumstances; making
  220         technical changes; amending s. 916.106, F.S.;
  221         redefining the term “court” to include county courts
  222         in certain circumstances; amending s. 916.17, F.S.;
  223         authorizing a county court to order the conditional
  224         release of a defendant for the provision of outpatient
  225         care and treatment; creating s. 916.185, F.S.;
  226         providing legislative findings and intent; defining
  227         terms; creating the Forensic Hospital Diversion Pilot
  228         Program; requiring the Department of Children and
  229         Families to implement a Forensic Hospital Diversion
  230         Pilot Program in five specified judicial circuits;
  231         providing eligibility criteria for participation in
  232         the pilot program; providing legislative intent
  233         concerning the training of judges; authorizing the
  234         department to adopt rules; directing the Office of
  235         Program Policy Analysis and Government Accountability
  236         to submit a report to the Governor and the Legislature
  237         by a certain date; creating s. 944.805, F.S.; defining
  238         the terms “department” and “nonviolent offender”;
  239         requiring the Department of Corrections to develop and
  240         administer a reentry program for nonviolent offenders
  241         which is intended to divert nonviolent offenders from
  242         long periods of incarceration; requiring that the
  243         program include intensive substance abuse treatment
  244         and rehabilitation programs; providing for the minimum
  245         length of service in the program; providing that any
  246         portion of a sentence before placement in the program
  247         does not count as progress toward program completion;
  248         identifying permissible locations for the operation of
  249         a reentry program; specifying eligibility criteria for
  250         a nonviolent offender’s participation in the reentry
  251         program; requiring the department to screen and select
  252         eligible offenders for the program based on specified
  253         considerations; requiring the department to notify a
  254         nonviolent offender’s sentencing court to obtain
  255         approval before the nonviolent offender is placed in
  256         the reentry program; requiring the department to
  257         notify the state attorney that an offender is being
  258         considered for placement in the program; authorizing
  259         the state attorney to file objections to placing the
  260         offender in the reentry program within a specified
  261         period; authorizing the sentencing court to consider
  262         certain factors when deciding whether to approve an
  263         offender for placement in a reentry program; requiring
  264         the sentencing court to notify the department of the
  265         court’s decision to approve or disapprove the
  266         requested placement within a specified period;
  267         requiring a nonviolent offender to undergo an
  268         educational assessment and a complete substance abuse
  269         assessment if admitted into the reentry program;
  270         requiring an offender to be enrolled in an adult
  271         education program in specified circumstances;
  272         requiring that assessments of vocational skills and
  273         future career education be provided to an offender;
  274         requiring that certain reevaluation be made
  275         periodically; providing that a participating
  276         nonviolent offender is subject to the disciplinary
  277         rules of the department; specifying the reasons for
  278         which an offender may be terminated from the reentry
  279         program; requiring that the department submit a report
  280         to the sentencing court at least 30 days before a
  281         nonviolent offender is scheduled to complete the
  282         reentry program; specifying the issues to be addressed
  283         in the report; authorizing a court to schedule a
  284         hearing to consider any modification to an imposed
  285         sentence; requiring the sentencing court to issue an
  286         order modifying the sentence imposed and placing a
  287         nonviolent offender on drug offender probation if the
  288         nonviolent offender’s performance is satisfactory;
  289         authorizing the court to revoke probation and impose
  290         the original sentence in specified circumstances;
  291         authorizing the court to require an offender to
  292         complete a postadjudicatory drug court program in
  293         specified circumstances; directing the department to
  294         implement the reentry program using available
  295         resources; authorizing the department to enter into
  296         contracts with qualified individuals, agencies, or
  297         corporations for services for the reentry program;
  298         requiring offenders to abide by department conduct
  299         rules; authorizing the department to impose
  300         administrative or protective confinement as necessary;
  301         providing that the section does not create a right to
  302         placement in the reentry program or any right to
  303         placement or early release under supervision of any
  304         type; providing that the section does not create a
  305         cause of action related to the program; authorizing
  306         the department to establish a system of incentives
  307         within the reentry program which the department may
  308         use to promote participation in rehabilitative
  309         programs and the orderly operation of institutions and
  310         facilities; requiring the department to develop a
  311         system for tracking recidivism, including, but not
  312         limited to, rearrests and recommitment of nonviolent
  313         offenders who successfully complete the reentry
  314         program, and to report on recidivism in an annual
  315         report; requiring the department to submit an annual
  316         report to the Governor and Legislature detailing the
  317         extent of implementation of the reentry program,
  318         specifying requirements for the report; requiring the
  319         department to adopt rules; providing that specified
  320         provisions are not severable; amending s. 948.08,
  321         F.S.; expanding the definition of the term “veteran”
  322         for purposes of eligibility requirements for a
  323         pretrial intervention program; amending s. 948.16,
  324         F.S.; expanding the definition of the term “veteran”
  325         for purposes of eligibility requirements for a
  326         misdemeanor pretrial veterans’ treatment intervention
  327         program; amending s. 948.21, F.S.; authorizing a court
  328         to impose certain conditions on certain probationers
  329         or community controllees; amending ss. 1002.20 and
  330         1002.33, F.S.; requiring public school and charter
  331         school principals or their designees to provide notice
  332         of the whereabouts of a student removed from school,
  333         school transportation, or a school-sponsored activity
  334         for involuntary examination; providing circumstances
  335         under which notification may be delayed; requiring
  336         district school boards and charter school governing
  337         boards to develop notification policies and
  338         procedures; amending ss. 39.407, 394.4612, 394.495,
  339         394.496, 394.499, 394.67, 394.674, 394.9085, 397.311,
  340         397.702, 402.3057, 409.1757, 409.972, 744.704, and
  341         790.065, F.S.; conforming cross-references; repealing
  342         s. 397.601, F.S., relating to voluntary admissions;
  343         repealing s. 397.675, F.S., relating to criteria for
  344         involuntary admissions, including protective custody,
  345         emergency admission, and other involuntary assessment,
  346         involuntary treatment, and alternative involuntary
  347         assessment for minors, for purposes of assessment and
  348         stabilization, and for involuntary treatment;
  349         repealing s. 397.6751, F.S., relating to service
  350         provider responsibilities regarding involuntary
  351         admissions; repealing s. 397.6752, F.S., relating to
  352         referral of involuntarily admitted individual for
  353         voluntary treatment; repealing s. 397.6758, F.S.,
  354         relating to release of individual from protective
  355         custody, emergency admission, involuntary assessment,
  356         involuntary treatment, and alternative involuntary
  357         assessment of a minor; repealing s. 397.6759, F.S.,
  358         relating to parental participation in treatment;
  359         repealing s. 397.677, F.S., relating to protective
  360         custody; circumstances justifying; repealing s.
  361         397.6771, F.S., relating to protective custody with
  362         consent; repealing s. 397.6772, F.S., relating to
  363         protective custody without consent; repealing s.
  364         397.6773, F.S., relating to dispositional alternatives
  365         after protective custody; repealing s. 397.6774, F.S.,
  366         relating to department to maintain lists of licensed
  367         facilities; repealing s. 397.6775, F.S., relating to
  368         immunity from liability; repealing s. 397.679, F.S.,
  369         relating to emergency admission; circumstances
  370         justifying; repealing s. 397.6791, F.S., relating to
  371         emergency admission; persons who may initiate;
  372         repealing s. 397.6793, F.S., relating to physician’s
  373         certificate for emergency admission; repealing s.
  374         397.6795, F.S., relating to transportation-assisted
  375         delivery of persons for emergency assessment;
  376         repealing s. 397.6797, F.S., relating to dispositional
  377         alternatives after emergency admission; repealing s.
  378         397.6798, F.S., relating to alternative involuntary
  379         assessment procedure for minors; repealing s.
  380         397.6799, F.S., relating to disposition of minor upon
  381         completion of alternative involuntary assessment;
  382         repealing s. 397.681, F.S., relating to involuntary
  383         petitions; general provisions; court jurisdiction and
  384         right to counsel; repealing s. 397.6811, F.S.,
  385         relating to involuntary assessment and stabilization;
  386         repealing s. 397.6814, F.S., relating to involuntary
  387         assessment and stabilization; contents of petition;
  388         repealing s. 397.6815, F.S., relating to involuntary
  389         assessment and stabilization; procedure; repealing s.
  390         397.6818, F.S., relating to court determination;
  391         repealing s. 397.6819, F.S., relating to involuntary
  392         assessment and stabilization; responsibility of
  393         licensed service provider; repealing s. 397.6821,
  394         F.S., relating to extension of time for completion of
  395         involuntary assessment and stabilization; repealing s.
  396         397.6822, F.S., relating to disposition of individual
  397         after involuntary assessment; repealing s. 397.693,
  398         F.S., relating to involuntary treatment; repealing s.
  399         397.695, F.S., relating to involuntary treatment;
  400         persons who may petition; repealing s. 397.6951, F.S.,
  401         relating to contents of petition for involuntary
  402         treatment; repealing s. 397.6955, F.S., relating to
  403         duties of court upon filing of petition for
  404         involuntary treatment; repealing s. 397.6957, F.S.,
  405         relating to hearing on petition for involuntary
  406         treatment; repealing s. 397.697, F.S., relating to
  407         court determination; effect of court order for
  408         involuntary substance abuse treatment; repealing s.
  409         397.6971, F.S., relating to early release from
  410         involuntary substance abuse treatment; repealing s.
  411         397.6975, F.S., relating to extension of involuntary
  412         substance abuse treatment period; repealing s.
  413         397.6977, F.S., relating to disposition of individual
  414         upon completion of involuntary substance abuse
  415         treatment; reenacting ss. 394.4685(1) and 394.469(2),
  416         F.S., to incorporate the amendment made to s.
  417         394.4599, F.S., in references thereto; amending s.
  418         394.492, F.S.; redefining terms; creating s. 394.761,
  419         F.S.; requiring the Agency for Health Care
  420         Administration and the Department of Children and
  421         Families to develop a plan to obtain federal approval
  422         for increasing the availability of federal Medicaid
  423         funding for behavioral health care; establishing
  424         improved integration of behavioral health and primary
  425         care services through the development and effective
  426         implementation of coordinated care organizations as
  427         the primary goal of obtaining the additional funds;
  428         requiring the agency and the department to submit the
  429         written plan, which must include certain information,
  430         to the Legislature by a specified date; requiring the
  431         agency to submit an Excellence in Mental Health Act
  432         grant application to the United States Department of
  433         Health and Human Services; amending s. 394.9082, F.S.;
  434         revising legislative findings and intent; redefining
  435         terms; requiring the managing entities, rather than
  436         the department, to contract with community based
  437         organizations to serve as managing entities; deleting
  438         provisions providing for contracting for services;
  439         providing contractual responsibilities of a managing
  440         entity; requiring the Department of Children and
  441         Families to revise contracts with all managing
  442         entities by a certain date; providing contractual
  443         terms and requirements; providing for termination of a
  444         contract with a managing entity under certain
  445         circumstances; providing how the department will
  446         choose a managing entity and the factors it must
  447         consider; requiring the department to develop and
  448         incorporate measurable outcome standards while
  449         addressing specified goals; providing that managing
  450         entities may earn designation as coordinated care
  451         organizations by developing and implementing a plan
  452         that achieves a certain goal; providing requirements
  453         for the plan; providing for earning and maintaining
  454         the designation of a managing entity as a coordinated
  455         care organization; requiring the department to seek
  456         input from certain entities and persons before
  457         designating a managing entity as a coordinated care
  458         organization; providing that a comprehensive range of
  459         services includes specified elements; revising the
  460         criteria for which the department may adopt rules and
  461         contractual standards related to the qualification and
  462         operation of managing entities; deleting certain
  463         departmental responsibilities; deleting a provision
  464         requiring an annual report to the Legislature;
  465         authorizing, rather than requiring, the department to
  466         adopt rules; defining the term “public receiving
  467         facility”; requiring the department to establish
  468         specified standards and protocols with respect to the
  469         administration of the crisis stabilization services
  470         utilization database; directing managing entities to
  471         require public receiving facilities to submit
  472         utilization data on a periodic basis; providing
  473         requirements for the data; requiring managing entities
  474         to periodically submit aggregate data to the
  475         department; requiring the department to adopt rules;
  476         requiring the department to annually submit a report
  477         to the Governor and the Legislature; prescribing
  478         report requirements; providing an appropriation to
  479         implement the database; creating s. 397.402, F.S.;
  480         requiring that the department and the agency submit a
  481         plan to the Governor and Legislature by a specified
  482         date with options for modifying certain licensure
  483         rules and procedures to provide for a single,
  484         consolidated license for providers that offer multiple
  485         types of mental health and substance abuse services;
  486         amending s. 409.967, F.S.; requiring that certain
  487         plans or contracts include specified requirements;
  488         amending s. 409.973, F.S.; requiring each plan
  489         operating in the managed medical assistance program to
  490         work with the managing entity to establish specific
  491         organizational supports and service protocols;
  492         repealing s. 394.4674, F.S., relating to a plan and
  493         report; repealing s. 394.4985, F.S., relating to
  494         districtwide information and referral network and
  495         implementation; repealing s. 394.745, F.S., relating
  496         to an annual report and compliance of providers under
  497         contract with the department; repealing s. 397.331,
  498         F.S., relating to definitions; repealing s. 397.333,
  499         F.S., relating to the Statewide Drug Policy Advisory
  500         Council; repealing s. 397.801, F.S., relating to
  501         substance abuse impairment coordination; repealing s.
  502         397.811, F.S., relating to juvenile substance abuse
  503         impairment coordination; repealing s. 397.821, F.S.,
  504         relating to juvenile substance abuse impairment
  505         prevention and early intervention councils; repealing
  506         s. 397.901, F.S., relating to prototype juvenile
  507         addictions receiving facilities; repealing s. 397.93,
  508         F.S., relating to children’s substance abuse services
  509         and target populations; repealing s. 397.94, F.S.,
  510         relating to children’s substance abuse services and
  511         the information and referral network; repealing s.
  512         397.951, F.S., relating to treatment and sanctions;
  513         repealing s. 397.97, F.S., relating to children’s
  514         substance abuse services and demonstration models;
  515         amending s. 491.0045, F.S.; limiting an intern
  516         registration to 5 years; providing timelines for
  517         expiration of certain intern registrations; providing
  518         requirements for issuance of subsequent registrations;
  519         prohibiting an individual who held a provisional
  520         license from the board from applying for an intern
  521         registration in the same profession; amending ss.
  522         397.321, 397.98, 409.966, 943.031, and 943.042, F.S.;
  523         conforming provisions and cross-references to changes
  524         made by the act; reenacting ss. 39.407(6)(a),
  525         394.67(21), 394.674(1)(b), 394.676(1), 409.1676(2)(c),
  526         and 409.1677(1)(b), F.S., relating to the term
  527         “suitable for residential treatment” or “suitability,”
  528         the term “residential treatment center for children
  529         and adolescents,” children’s mental health services,
  530         the indigent psychiatric medication program, and the
  531         term “serious behavioral problems,” respectively, to
  532         incorporate the amendment made to s. 394.492, F.S., in
  533         references thereto; providing effective dates.
  534          
  535  Be It Enacted by the Legislature of the State of Florida:
  536  
  537         Section 1. The Division of Law Revision and Information is
  538  directed to rename part IV of chapter 765, Florida Statutes, as
  539  “Mental Health and Substance Abuse Advance Directives.”
  540         Section 2. Paragraph (e) is added to subsection (10) of
  541  section 29.004, Florida Statutes, to read:
  542         29.004 State courts system.—For purposes of implementing s.
  543  14, Art. V of the State Constitution, the elements of the state
  544  courts system to be provided from state revenues appropriated by
  545  general law are as follows:
  546         (10) Case management. Case management includes:
  547         (e) Service referral, coordination, monitoring, and
  548  tracking for treatment-based mental health court programs under
  549  s. 394.47892.
  550  
  551  Case management may not include costs associated with the
  552  application of therapeutic jurisprudence principles by the
  553  courts. Case management also may not include case intake and
  554  records management conducted by the clerk of court.
  555         Section 3. Subsection (6) of section 39.001, Florida
  556  Statutes, is amended to read:
  557         39.001 Purposes and intent; personnel standards and
  558  screening.—
  559         (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
  560         (a) The Legislature recognizes that early referral and
  561  comprehensive treatment can help combat mental illnesses and
  562  substance abuse disorders in families and that treatment is
  563  cost-effective.
  564         (b) The Legislature establishes the following goals for the
  565  state related to mental illness and substance abuse treatment
  566  services in the dependency process:
  567         1. To ensure the safety of children.
  568         2. To prevent and remediate the consequences of mental
  569  illnesses and substance abuse disorders on families involved in
  570  protective supervision or foster care and reduce the occurrences
  571  of mental illnesses and substance abuse disorders, including
  572  alcohol abuse or related disorders, for families who are at risk
  573  of being involved in protective supervision or foster care.
  574         3. To expedite permanency for children and reunify healthy,
  575  intact families, when appropriate.
  576         4. To support families in recovery.
  577         (c) The Legislature finds that children in the care of the
  578  state’s dependency system need appropriate health care services,
  579  that the impact of mental illnesses and substance abuse
  580  disorders on health indicates the need for health care services
  581  to include treatment for mental health and substance abuse
  582  disorders for services to children and parents where
  583  appropriate, and that it is in the state’s best interest that
  584  such children be provided the services they need to enable them
  585  to become and remain independent of state care. In order to
  586  provide these services, the state’s dependency system must have
  587  the ability to identify and provide appropriate intervention and
  588  treatment for children with personal or family-related mental
  589  illness and substance abuse problems.
  590         (d) It is the intent of the Legislature to encourage the
  591  use of the treatment-based mental health court program model
  592  established under s. 394.47892 and the drug court program model
  593  established under by s. 397.334 and authorize courts to assess
  594  children and persons who have custody or are requesting custody
  595  of children where good cause is shown to identify and address
  596  mental illnesses and substance abuse disorders problems as the
  597  court deems appropriate at every stage of the dependency
  598  process. Participation in treatment, including a treatment-based
  599  mental health court program or a treatment-based drug court
  600  program, may be required by the court following adjudication.
  601  Participation in assessment and treatment before prior to
  602  adjudication is shall be voluntary, except as provided in s.
  603  39.407(16).
  604         (e) It is therefore the purpose of the Legislature to
  605  provide authority for the state to contract with mental health
  606  service providers and community substance abuse treatment
  607  providers for the development and operation of specialized
  608  support and overlay services for the dependency system, which
  609  will be fully implemented and used as resources permit.
  610         (f) Participation in a treatment-based mental health court
  611  program or a the treatment-based drug court program does not
  612  divest any public or private agency of its responsibility for a
  613  child or adult, but is intended to enable these agencies to
  614  better meet their needs through shared responsibility and
  615  resources.
  616         Section 4. Subsection (10) of section 39.507, Florida
  617  Statutes, is amended to read:
  618         39.507 Adjudicatory hearings; orders of adjudication.—
  619         (10) After an adjudication of dependency, or a finding of
  620  dependency where adjudication is withheld, the court may order a
  621  person who has custody or is requesting custody of the child to
  622  submit to a mental health or substance abuse disorder assessment
  623  or evaluation. The assessment or evaluation must be administered
  624  by a qualified professional, as defined in s. 397.311. The court
  625  may also require such person to participate in and comply with
  626  treatment and services identified as necessary, including, when
  627  appropriate and available, participation in and compliance with
  628  a treatment-based mental health court program established under
  629  s. 394.47892 or a treatment-based drug court program established
  630  under s. 397.334. In addition to supervision by the department,
  631  the court, including the treatment-based mental health court
  632  program or treatment-based drug court program, may oversee the
  633  progress and compliance with treatment by a person who has
  634  custody or is requesting custody of the child. The court may
  635  impose appropriate available sanctions for noncompliance upon a
  636  person who has custody or is requesting custody of the child or
  637  make a finding of noncompliance for consideration in determining
  638  whether an alternative placement of the child is in the child’s
  639  best interests. Any order entered under this subsection may be
  640  made only upon good cause shown. This subsection does not
  641  authorize placement of a child with a person seeking custody,
  642  other than the parent or legal custodian, who requires mental
  643  health or substance abuse disorder treatment.
  644         Section 5. Paragraph (b) of subsection (1) of section
  645  39.521, Florida Statutes, is amended to read:
  646         39.521 Disposition hearings; powers of disposition.—
  647         (1) A disposition hearing shall be conducted by the court,
  648  if the court finds that the facts alleged in the petition for
  649  dependency were proven in the adjudicatory hearing, or if the
  650  parents or legal custodians have consented to the finding of
  651  dependency or admitted the allegations in the petition, have
  652  failed to appear for the arraignment hearing after proper
  653  notice, or have not been located despite a diligent search
  654  having been conducted.
  655         (b) When any child is adjudicated by a court to be
  656  dependent, the court having jurisdiction of the child has the
  657  power by order to:
  658         1. Require the parent and, when appropriate, the legal
  659  custodian and the child to participate in treatment and services
  660  identified as necessary. The court may require the person who
  661  has custody or who is requesting custody of the child to submit
  662  to a mental health or substance abuse disorder assessment or
  663  evaluation. The assessment or evaluation must be administered by
  664  a qualified professional, as defined in s. 397.311. The court
  665  may also require such person to participate in and comply with
  666  treatment and services identified as necessary, including, when
  667  appropriate and available, participation in and compliance with
  668  a treatment-based mental health court program established under
  669  s. 394.47892 or treatment-based drug court program established
  670  under s. 397.334. In addition to supervision by the department,
  671  the court, including the treatment-based mental health court
  672  program or treatment-based drug court program, may oversee the
  673  progress and compliance with treatment by a person who has
  674  custody or is requesting custody of the child. The court may
  675  impose appropriate available sanctions for noncompliance upon a
  676  person who has custody or is requesting custody of the child or
  677  make a finding of noncompliance for consideration in determining
  678  whether an alternative placement of the child is in the child’s
  679  best interests. Any order entered under this subparagraph may be
  680  made only upon good cause shown. This subparagraph does not
  681  authorize placement of a child with a person seeking custody of
  682  the child, other than the child’s parent or legal custodian, who
  683  requires mental health or substance abuse disorder treatment.
  684         2. Require, if the court deems necessary, the parties to
  685  participate in dependency mediation.
  686         3. Require placement of the child either under the
  687  protective supervision of an authorized agent of the department
  688  in the home of one or both of the child’s parents or in the home
  689  of a relative of the child or another adult approved by the
  690  court, or in the custody of the department. Protective
  691  supervision continues until the court terminates it or until the
  692  child reaches the age of 18, whichever date is first. Protective
  693  supervision shall be terminated by the court whenever the court
  694  determines that permanency has been achieved for the child,
  695  whether with a parent, another relative, or a legal custodian,
  696  and that protective supervision is no longer needed. The
  697  termination of supervision may be with or without retaining
  698  jurisdiction, at the court’s discretion, and shall in either
  699  case be considered a permanency option for the child. The order
  700  terminating supervision by the department shall set forth the
  701  powers of the custodian of the child and shall include the
  702  powers ordinarily granted to a guardian of the person of a minor
  703  unless otherwise specified. Upon the court’s termination of
  704  supervision by the department, no further judicial reviews are
  705  required, so long as permanency has been established for the
  706  child.
  707         Section 6. Subsection (2) and paragraph (a) of subsection
  708  (4) of section 381.0056, Florida Statutes, are amended to read:
  709         381.0056 School health services program.—
  710         (2) As used in this section, the term:
  711         (a) “Emergency health needs” means onsite evaluation,
  712  management, and aid for illness or injury pending the student’s
  713  return to the classroom or release to a parent, guardian,
  714  designated friend, law enforcement officer, or designated health
  715  care provider.
  716         (b) “Entity” or “health care entity” means a unit of local
  717  government or a political subdivision of the state; a hospital
  718  licensed under chapter 395; a health maintenance organization
  719  certified under chapter 641; a health insurer authorized under
  720  the Florida Insurance Code; a community health center; a migrant
  721  health center; a federally qualified health center; an
  722  organization that meets the requirements for nonprofit status
  723  under s. 501(c)(3) of the Internal Revenue Code; a private
  724  industry or business; or a philanthropic foundation that agrees
  725  to participate in a public-private partnership with a county
  726  health department, local school district, or school in the
  727  delivery of school health services, and agrees to the terms and
  728  conditions for the delivery of such services as required by this
  729  section and as documented in the local school health services
  730  plan.
  731         (c) “Invasive screening” means any screening procedure in
  732  which the skin or any body orifice is penetrated.
  733         (d) “Physical examination” means a thorough evaluation of
  734  the health status of an individual.
  735         (e) “School health services plan” means the document that
  736  describes the services to be provided, the responsibility for
  737  provision of the services, the anticipated expenditures to
  738  provide the services, and evidence of cooperative planning by
  739  local school districts and county health departments.
  740         (f) “Screening” means presumptive identification of unknown
  741  or unrecognized diseases or defects by the application of tests
  742  that can be given with ease and rapidity to apparently healthy
  743  persons.
  744         (4)(a) Each county health department shall develop, jointly
  745  with the district school board and the local school health
  746  advisory committee, a school health services plan.; and The plan
  747  must include, at a minimum, provisions for all of the following:
  748         1. Health appraisal;
  749         2. Records review;
  750         3. Nurse assessment;
  751         4. Nutrition assessment;
  752         5. A preventive dental program;
  753         6. Vision screening;
  754         7. Hearing screening;
  755         8. Scoliosis screening;
  756         9. Growth and development screening;
  757         10. Health counseling;
  758         11. Referral and followup of suspected or confirmed health
  759  problems by the local county health department;
  760         12. Meeting emergency health needs in each school;
  761         13. County health department personnel to assist school
  762  personnel in health education curriculum development;
  763         14. Referral of students to appropriate health treatment,
  764  in cooperation with the private health community whenever
  765  possible;
  766         15. Consultation with a student’s parent or guardian
  767  regarding the need for health attention by the family physician,
  768  dentist, or other specialist when definitive diagnosis or
  769  treatment is indicated;
  770         16. Maintenance of records on incidents of health problems,
  771  corrective measures taken, and such other information as may be
  772  needed to plan and evaluate health programs; except, however,
  773  that provisions in the plan for maintenance of health records of
  774  individual students must be in accordance with s. 1002.22;
  775         17. Health information which will be provided by the school
  776  health nurses, when necessary, regarding the placement of
  777  students in exceptional student programs and the reevaluation at
  778  periodic intervals of students placed in such programs; and
  779         18. Notification to the local nonpublic schools of the
  780  school health services program and the opportunity for
  781  representatives of the local nonpublic schools to participate in
  782  the development of the cooperative health services plan; and.
  783         19. Immediate notification to a student’s parent, guardian,
  784  or caregiver if the student is removed from school, school
  785  transportation, or a school-sponsored activity and taken to a
  786  receiving facility for an involuntary examination pursuant to s.
  787  394.463, including any requirements established under ss.
  788  1002.20(3) and 1002.33(9), as applicable.
  789         Section 7. Section 394.453, Florida Statutes, is amended to
  790  read:
  791         394.453 Legislative intent.—It is the intent of the
  792  Legislature to authorize and direct the Department of Children
  793  and Families to evaluate, research, plan, and recommend to the
  794  Governor and the Legislature programs designed to reduce the
  795  occurrence, severity, duration, and disabling aspects of mental,
  796  emotional, and behavioral disorders and substance abuse
  797  impairment. It is the intent of the Legislature that treatment
  798  programs for such disorders shall include, but not be limited
  799  to, comprehensive health, social, educational, and
  800  rehabilitative services for individuals to persons requiring
  801  intensive short-term and continued treatment in order to
  802  encourage them to assume responsibility for their treatment and
  803  recovery. It is intended that such individuals persons be
  804  provided with emergency service and temporary detention for
  805  evaluation if when required; that they be admitted to treatment
  806  facilities if on a voluntary basis when extended or continuing
  807  care is needed and unavailable in the community; that
  808  involuntary placement be provided only if when expert evaluation
  809  determines that it is necessary; that any involuntary treatment
  810  or examination be accomplished in a setting that which is
  811  clinically appropriate and most likely to facilitate the
  812  individual’s person’s return to the community as soon as
  813  possible; and that individual dignity and human rights be
  814  guaranteed to all individuals persons who are admitted to mental
  815  health and substance abuse treatment facilities or who are being
  816  held under s. 394.463. It is the further intent of the
  817  Legislature that the least restrictive means of intervention be
  818  employed based on the individual’s individual needs of each
  819  person, within the scope of available services. It is the policy
  820  of this state that the use of restraint and seclusion on clients
  821  is justified only as an emergency safety measure to be used in
  822  response to imminent danger to the individual client or others.
  823  It is, therefore, the intent of the Legislature to achieve an
  824  ongoing reduction in the use of restraint and seclusion in
  825  programs and facilities serving individuals persons with mental
  826  illness or with a substance abuse impairment.
  827         Section 8. Effective July 1, 2016, section 394.455, Florida
  828  Statutes, is reordered and amended to read:
  829         394.455 Definitions.—As used in this part, unless the
  830  context clearly requires otherwise, the term:
  831         (1) “Addictions receiving facility” means a secure, acute
  832  care facility that, at a minimum, provides detoxification and
  833  stabilization services; is operated 24 hours per day, 7 days a
  834  week; and is designated by the department to serve individuals
  835  found to have substance abuse impairment as defined in
  836  subsection (44) who qualify for services under this section.
  837         (2)(1) “Administrator” means the chief administrative
  838  officer of a receiving or treatment facility or his or her
  839  designee.
  840         (3) “Adult” means an individual who is 18 years of age or
  841  older, or who has had the disability of nonage removed pursuant
  842  to s. 743.01 or s. 743.015.
  843         (4) “Advanced registered nurse practitioner” means any
  844  person licensed in this state to practice professional nursing
  845  who is certified in advanced or specialized nursing practice
  846  under s. 464.012.
  847         (36)(2) “Clinical Psychologist” means a psychologist as
  848  defined in s. 490.003(7) with 3 years of postdoctoral experience
  849  in the practice of clinical psychology, inclusive of the
  850  experience required for licensure, or a psychologist employed by
  851  a facility operated by the United States Department of Veterans
  852  Affairs that qualifies as a receiving or treatment facility
  853  under this part.
  854         (5)(3) “Clinical record” means all parts of the record
  855  required to be maintained and includes all medical records,
  856  progress notes, charts, and admission and discharge data, and
  857  all other information recorded by a facility staff which
  858  pertains to an individual’s the patient’s hospitalization or
  859  treatment.
  860         (6)(4) “Clinical social worker” means a person licensed as
  861  a clinical social worker under s. 491.005 or s. 491.006 or a
  862  person employed as a clinical social worker by a facility
  863  operated by the United States Department of Veterans Affairs or
  864  the United States Department of Defense under chapter 491.
  865         (7)(5) “Community facility” means a any community service
  866  provider contracting with the department to furnish substance
  867  abuse or mental health services under part IV of this chapter.
  868         (8)(6) “Community mental health center or clinic” means a
  869  publicly funded, not-for-profit center that which contracts with
  870  the department for the provision of inpatient, outpatient, day
  871  treatment, or emergency services.
  872         (9)(7) “Court,” unless otherwise specified, means the
  873  circuit court.
  874         (10)(8) “Department” means the Department of Children and
  875  Families.
  876         (11) “Detoxification facility” means a facility licensed to
  877  provide detoxification services under chapter 397.
  878         (12) “Electronic means” means a form of telecommunication
  879  that requires all parties to maintain visual as well as audio
  880  communication.
  881         (13)(9) “Express and informed consent” means consent
  882  voluntarily given in writing, by a competent individual person,
  883  after sufficient explanation and disclosure of the subject
  884  matter involved to enable the individual person to make a
  885  knowing and willful decision without any element of force,
  886  fraud, deceit, duress, or other form of constraint or coercion.
  887         (14)(10) “Facility” means any hospital, community facility,
  888  public or private facility, or receiving or treatment facility
  889  providing for the evaluation, diagnosis, care, treatment,
  890  training, or hospitalization of individuals persons who appear
  891  to have a mental illness or who have been diagnosed as having a
  892  mental illness or substance abuse impairment. The term
  893  “Facility” does not include a any program or entity licensed
  894  under pursuant to chapter 400 or chapter 429.
  895         (15) “Governmental facility” means a facility owned,
  896  operated, or administered by the Department of Corrections or
  897  the United States Department of Veterans Affairs.
  898         (16)(11) “Guardian” means the natural guardian of a minor,
  899  or a person appointed by a court to act on behalf of a ward’s
  900  person if the ward is a minor or has been adjudicated
  901  incapacitated.
  902         (17)(12) “Guardian advocate” means a person appointed by a
  903  court to make decisions regarding mental health or substance
  904  abuse treatment on behalf of an individual a patient who has
  905  been found incompetent to consent to treatment pursuant to this
  906  part. The guardian advocate may be granted specific additional
  907  powers by written order of the court, as provided in this part.
  908         (18)(13) “Hospital” means a hospital facility as defined in
  909  s. 395.002 and licensed under chapter 395 and part II of chapter
  910  408.
  911         (19)(14) “Incapacitated” means that an individual a person
  912  has been adjudicated incapacitated pursuant to part V of chapter
  913  744 and a guardian of the person has been appointed.
  914         (20)(15) “Incompetent to consent to treatment” means that
  915  an individual’s a person’s judgment is so affected by a his or
  916  her mental illness, a substance abuse impairment, or other
  917  medical or organic cause that he or she the person lacks the
  918  capacity to make a well-reasoned, willful, and knowing decision
  919  concerning his or her medical, or mental health, or substance
  920  abuse treatment.
  921         (21) “Involuntary examination” means an examination
  922  performed under s. 394.463 to determine whether an individual
  923  qualifies for involuntary outpatient placement under s. 394.4655
  924  or involuntary inpatient placement under s. 394.467.
  925         (22) “Involuntary placement” means involuntary outpatient
  926  placement under s. 394.4655 or involuntary inpatient placement
  927  in a receiving or treatment facility under s. 394.467.
  928         (23)(16) “Law enforcement officer” means a law enforcement
  929  officer as defined in s. 943.10.
  930         (24) “Marriage and family therapist” means a person
  931  licensed to practice marriage and family therapy under s.
  932  491.005 or s. 491.006 or a person employed as a marriage and
  933  family therapist by a facility operated by the United States
  934  Department of Veterans Affairs or the United States Department
  935  of Defense.
  936         (25) “Mental health counselor” means a person licensed to
  937  practice mental health counseling under s. 491.005 or s. 491.006
  938  or a person employed as a mental health counselor by a facility
  939  operated by the United States Department of Veterans Affairs or
  940  the United States Department of Defense.
  941         (26)(17) “Mental health overlay program” means a mobile
  942  service that which provides an independent examination for
  943  voluntary admission admissions and a range of supplemental
  944  onsite services to an individual who has persons with a mental
  945  illness in a residential setting such as a nursing home,
  946  assisted living facility, adult family-care home, or
  947  nonresidential setting such as an adult day care center.
  948  Independent examinations provided pursuant to this part through
  949  a mental health overlay program must only be provided only under
  950  contract with the department for this service or must be
  951  attached to a public receiving facility that is also a community
  952  mental health center.
  953         (28)(18) “Mental illness” means an impairment of the mental
  954  or emotional processes that exercise conscious control of one’s
  955  actions or of the ability to perceive or understand reality,
  956  which impairment substantially interferes with the individual’s
  957  person’s ability to meet the ordinary demands of living. For the
  958  purposes of this part, the term does not include a developmental
  959  disability as defined in chapter 393, intoxication, or
  960  conditions manifested only by antisocial behavior or substance
  961  abuse impairment.
  962         (29) “Minor” means an individual who is 17 years of age or
  963  younger and who has not had the disabilities of nonage removed
  964  pursuant to s. 743.01 or s. 743.015.
  965         (30)(19) “Mobile crisis response service” means a
  966  nonresidential crisis service attached to a public receiving
  967  facility and available 24 hours a day, 7 days a week, through
  968  which provides immediate intensive assessments and
  969  interventions, including screening for admission into a mental
  970  health receiving facility, an addictions receiving facility, or
  971  a detoxification facility, take place for the purpose of
  972  identifying appropriate treatment services.
  973         (20) “Patient” means any person who is held or accepted for
  974  mental health treatment.
  975         (31)(21) “Physician” means a medical practitioner licensed
  976  under chapter 458 or chapter 459 who has experience in the
  977  diagnosis and treatment of mental and nervous disorders or a
  978  physician employed by a facility operated by the United States
  979  Department of Veterans Affairs or the United States Department
  980  of Defense which qualifies as a receiving or treatment facility
  981  under this part.
  982         (32) “Physician assistant” means a person licensed under
  983  chapter 458 or chapter 459 who has experience in the diagnosis
  984  and treatment of mental disorders or a person employed as a
  985  physician assistant by a facility operated by the United States
  986  Department of Veterans Affairs or the United States Department
  987  of Defense.
  988         (33)(22) “Private facility” means any hospital or facility
  989  operated by a for-profit or not-for-profit corporation or
  990  association that provides mental health or substance abuse
  991  services and is not a public facility.
  992         (34)(23) “Psychiatric nurse” means an advanced a registered
  993  nurse practitioner certified under s. 464.012 licensed under
  994  part I of chapter 464 who has a master’s or doctoral degree or a
  995  doctorate in psychiatric nursing, holds a national advanced
  996  practice certification as a psychiatric-mental health advanced
  997  practice nurse, and has 2 years of post-master’s clinical
  998  experience under the supervision of a physician; or a person
  999  employed as a psychiatric nurse by a facility operated by the
 1000  United States Department of Veterans Affairs or the United
 1001  States Department of Defense.
 1002         (35)(24) “Psychiatrist” means a medical practitioner
 1003  licensed under chapter 458 or chapter 459 who has primarily
 1004  diagnosed and treated mental and nervous disorders for at least
 1005  a period of not less than 3 years, inclusive of psychiatric
 1006  residency, or a person employed as a psychiatrist by a facility
 1007  operated by the United States Department of Veterans Affairs or
 1008  the United States Department of Defense.
 1009         (37)(25) “Public facility” means any facility that has
 1010  contracted with the department to provide mental health or
 1011  substance abuse services to all individuals persons, regardless
 1012  of their ability to pay, and is receiving state funds for such
 1013  purpose.
 1014         (27)(26) “Mental health receiving facility” means any
 1015  public or private facility designated by the department to
 1016  receive and hold individuals in involuntary status involuntary
 1017  patients under emergency conditions or for psychiatric
 1018  evaluation and to provide short-term treatment. The term does
 1019  not include a county jail.
 1020         (38)(27) “Representative” means a person selected pursuant
 1021  to s. 394.4597(2) to receive notice of proceedings during the
 1022  time a patient is held in or admitted to a receiving or
 1023  treatment facility.
 1024         (39)(28)(a) “Restraint” means a physical device, method, or
 1025  drug used to control behavior.
 1026         (a) A physical restraint is any manual method or physical
 1027  or mechanical device, material, or equipment attached or
 1028  adjacent to an the individual’s body so that he or she cannot
 1029  easily remove the restraint and which restricts freedom of
 1030  movement or normal access to one’s body.
 1031         (b) A drug used as a restraint is a medication used to
 1032  control an individual’s the person’s behavior or to restrict his
 1033  or her freedom of movement and is not part of the standard
 1034  treatment regimen for an individual having of a person with a
 1035  diagnosed mental illness who is a client of the department.
 1036  Physically holding an individual a person during a procedure to
 1037  forcibly administer psychotropic medication is a physical
 1038  restraint.
 1039         (c) Restraint does not include physical devices, such as
 1040  orthopedically prescribed appliances, surgical dressings and
 1041  bandages, supportive body bands, or other physical holding when
 1042  necessary for routine physical examinations and tests; or for
 1043  purposes of orthopedic, surgical, or other similar medical
 1044  treatment; when used to provide support for the achievement of
 1045  functional body position or proper balance; or when used to
 1046  protect an individual a person from falling out of bed.
 1047         (40) “School psychologist” has the same meaning as defined
 1048  in s. 490.003.
 1049         (41)(29) “Seclusion” means the physical segregation of a
 1050  person in any fashion or involuntary isolation of an individual
 1051  a person in a room or area from which the individual person is
 1052  prevented from leaving. The prevention may be by physical
 1053  barrier or by a staff member who is acting in a manner, or who
 1054  is physically situated, so as to prevent the individual person
 1055  from leaving the room or area. For purposes of this chapter, the
 1056  term does not mean isolation due to an individual’s a person’s
 1057  medical condition or symptoms.
 1058         (42)(30) “Secretary” means the Secretary of Children and
 1059  Families.
 1060         (43) “Service provider” means a mental health receiving
 1061  facility, any facility licensed under chapter 397, a treatment
 1062  facility, an entity under contract with the department to
 1063  provide mental health or substance abuse services, a community
 1064  mental health center or clinic, a psychologist, a clinical
 1065  social worker, a marriage and family therapist, a mental health
 1066  counselor, a physician, a psychiatrist, an advanced registered
 1067  nurse practitioner, or a psychiatric nurse.
 1068         (44) “Substance abuse impairment” means a condition
 1069  involving the use of alcoholic beverages or any psychoactive or
 1070  mood-altering substance in such a manner as to induce mental,
 1071  emotional, or physical problems and cause socially dysfunctional
 1072  behavior.
 1073         (45) “Substance abuse qualified professional” has the same
 1074  meaning as the term “qualified professional” as defined in s.
 1075  397.311.
 1076         (46)(31) “Transfer evaluation” means the process, as
 1077  approved by the appropriate district office of the department,
 1078  in which an individual whereby a person who is being considered
 1079  for placement in a state treatment facility is first evaluated
 1080  for appropriateness of admission to a treatment the facility.
 1081  The transfer evaluation shall be conducted by the department, by
 1082  a community-based public receiving facility, or by another
 1083  service provider as authorized by the department, or by a
 1084  community mental health center or clinic if the public receiving
 1085  facility is not a community mental health center or clinic.
 1086         (47)(32) “Treatment facility” means a any state-owned,
 1087  state-operated, or state-supported hospital, center, or clinic
 1088  designated by the department for extended treatment and
 1089  hospitalization of individuals who have a mental illness, beyond
 1090  that provided for by a receiving facility or a, of persons who
 1091  have a mental illness, including facilities of the United States
 1092  Government, and any private facility designated by the
 1093  department when rendering such services to a person pursuant to
 1094  the provisions of this part. Patients treated in facilities of
 1095  the United States Government shall be solely those whose care is
 1096  the responsibility of the United States Department of Veterans
 1097  Affairs.
 1098         (33) “Service provider” means any public or private
 1099  receiving facility, an entity under contract with the Department
 1100  of Children and Families to provide mental health services, a
 1101  clinical psychologist, a clinical social worker, a marriage and
 1102  family therapist, a mental health counselor, a physician, a
 1103  psychiatric nurse as defined in subsection (23), or a community
 1104  mental health center or clinic as defined in this part.
 1105         (34) “Involuntary examination” means an examination
 1106  performed under s. 394.463 to determine if an individual
 1107  qualifies for involuntary inpatient treatment under s.
 1108  394.467(1) or involuntary outpatient treatment under s.
 1109  394.4655(1).
 1110         (35) “Involuntary placement” means either involuntary
 1111  outpatient treatment pursuant to s. 394.4655 or involuntary
 1112  inpatient treatment pursuant to s. 394.467.
 1113         (36) “Marriage and family therapist” means a person
 1114  licensed as a marriage and family therapist under chapter 491.
 1115         (37) “Mental health counselor” means a person licensed as a
 1116  mental health counselor under chapter 491.
 1117         (38) “Electronic means” means a form of telecommunication
 1118  that requires all parties to maintain visual as well as audio
 1119  communication.
 1120         Section 9. Effective July 1, 2016, section 394.457, Florida
 1121  Statutes, is amended to read:
 1122         394.457 Operation and administration.—
 1123         (1) ADMINISTRATION.—The Department of Children and Families
 1124  is designated the “Mental Health Authority” of Florida. The
 1125  department and the Agency for Health Care Administration shall
 1126  exercise executive and administrative supervision over all
 1127  mental health facilities, programs, and services.
 1128         (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is
 1129  responsible for:
 1130         (a) The planning, evaluation, and implementation of a
 1131  complete and comprehensive statewide program of mental health
 1132  and substance abuse program, including community services,
 1133  receiving and treatment facilities, child services, research,
 1134  and training as authorized and approved by the Legislature,
 1135  based on the annual program budget of the department. The
 1136  department is also responsible for the coordination of efforts
 1137  with other departments and divisions of the state government,
 1138  county and municipal governments, and private agencies concerned
 1139  with and providing mental health and substance abuse services.
 1140  It is responsible for establishing standards, providing
 1141  technical assistance, and supervising exercising supervision of
 1142  mental health and substance abuse programs of, and the treatment
 1143  of individuals patients at, community facilities, other
 1144  facilities serving individuals for persons who have a mental
 1145  illness or substance abuse impairment, and any agency or
 1146  facility providing services under to patients pursuant to this
 1147  part.
 1148         (b) The publication and distribution of an information
 1149  handbook to facilitate understanding of this part, the policies
 1150  and procedures involved in the implementation of this part, and
 1151  the responsibilities of the various providers of services under
 1152  this part. It shall stimulate research by public and private
 1153  agencies, institutions of higher learning, and hospitals in the
 1154  interest of the elimination and amelioration of mental illness.
 1155         (3) POWER TO CONTRACT.—The department may contract to
 1156  provide, and be provided with, services and facilities in order
 1157  to carry out its responsibilities under this part with the
 1158  following agencies: public and private hospitals; receiving and
 1159  treatment facilities; clinics; laboratories; departments,
 1160  divisions, and other units of state government; the state
 1161  colleges and universities; the community colleges; private
 1162  colleges and universities; counties, municipalities, and any
 1163  other governmental unit, including facilities of the United
 1164  States Government; and any other public or private entity which
 1165  provides or needs facilities or services. Baker Act funds for
 1166  community inpatient, crisis stabilization, short-term
 1167  residential treatment, and screening services must be allocated
 1168  to each county pursuant to the department’s funding allocation
 1169  methodology. Notwithstanding s. 287.057(3)(e), contracts for
 1170  community-based Baker Act services for inpatient, crisis
 1171  stabilization, short-term residential treatment, and screening
 1172  provided under this part, other than those with other units of
 1173  government, to be provided for the department must be awarded
 1174  using competitive sealed bids if the county commission of the
 1175  county receiving the services makes a request to the
 1176  department’s district office by January 15 of the contracting
 1177  year. The district may not enter into a competitively bid
 1178  contract under this provision if such action will result in
 1179  increases of state or local expenditures for Baker Act services
 1180  within the district. Contracts for these Baker Act services
 1181  using competitive sealed bids are effective for 3 years. The
 1182  department shall adopt rules establishing minimum standards for
 1183  such contracted services and facilities and shall make periodic
 1184  audits and inspections to assure that the contracted services
 1185  are provided and meet the standards of the department.
 1186         (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The
 1187  department may apply for and accept any funds, grants, gifts, or
 1188  services made available to it by any agency or department of the
 1189  Federal Government or any other public or private agency or
 1190  person individual in aid of mental health and substance abuse
 1191  programs. All such moneys must shall be deposited in the State
 1192  Treasury and shall be disbursed as provided by law.
 1193         (5) RULES.—The department shall adopt rules:
 1194         (a) Establishing The department shall adopt rules
 1195  establishing forms and procedures relating to the rights and
 1196  privileges of individuals being examined or treated at patients
 1197  seeking mental health treatment from facilities under this part.
 1198         (b) The department shall adopt rules Necessary for the
 1199  implementation and administration of the provisions of this
 1200  part., and A program subject to the provisions of this part may
 1201  shall not be permitted to operate unless rules designed to
 1202  ensure the protection of the health, safety, and welfare of the
 1203  individuals examined and patients treated under through such
 1204  program have been adopted. Such rules adopted under this
 1205  subsection must include provisions governing the use of
 1206  restraint and seclusion which are consistent with recognized
 1207  best practices and professional judgment; prohibit inherently
 1208  dangerous restraint or seclusion procedures; establish
 1209  limitations on the use and duration of restraint and seclusion;
 1210  establish measures to ensure the safety of program participants
 1211  and staff during an incident of restraint or seclusion;
 1212  establish procedures for staff to follow before, during, and
 1213  after incidents of restraint or seclusion; establish
 1214  professional qualifications of and training for staff who may
 1215  order or be engaged in the use of restraint or seclusion; and
 1216  establish mandatory reporting, data collection, and data
 1217  dissemination procedures and requirements. Such rules adopted
 1218  under this subsection must require that each instance of the use
 1219  of restraint or seclusion be documented in the clinical record
 1220  of the individual who has been restrained or secluded patient.
 1221         (c) Establishing The department shall adopt rules
 1222  establishing minimum standards for services provided by a mental
 1223  health overlay program or a mobile crisis response service.
 1224         (6) PERSONNEL.—
 1225         (a) The department shall, by rule, establish minimum
 1226  standards of education and experience for professional and
 1227  technical personnel employed in mental health programs,
 1228  including members of a mobile crisis response service.
 1229         (b) The department shall design and distribute appropriate
 1230  materials for the orientation and training of persons actively
 1231  engaged in implementing the provisions of this part relating to
 1232  the involuntary examination and placement of persons who are
 1233  believed to have a mental illness.
 1234         (6)(7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee
 1235  collections for patients in state-owned, state-operated, or
 1236  state-supported treatment facilities shall be according to s.
 1237  402.33.
 1238         Section 10. Section 394.4573, Florida Statutes, is amended
 1239  to read:
 1240         394.4573 Continuity of care management system; measures of
 1241  performance; reports.—
 1242         (1) For the purposes of this section, the term:
 1243         (a) “Case management” means those activities aimed at
 1244  assessing client needs, planning services, linking the service
 1245  system to a client, coordinating the various system components,
 1246  monitoring service delivery, and evaluating the effect of
 1247  service delivery.
 1248         (b) “Case manager” means a person an individual who works
 1249  with clients, and their families and significant others, to
 1250  provide case management.
 1251         (c) “Client manager” means an employee of the department
 1252  who is assigned to specific provider agencies and geographic
 1253  areas to ensure that the full range of needed services is
 1254  available to clients.
 1255         (d) “Continuity of care management system” means a system
 1256  that assures, within available resources, that clients have
 1257  access to the full array of services within the mental health
 1258  services delivery system.
 1259         (2) The department shall ensure the establishment of is
 1260  directed to implement a continuity of care management system for
 1261  the provision of mental health and substance abuse care in
 1262  compliance with s. 394.9082., through the provision of client
 1263  and case management, including clients referred from state
 1264  treatment facilities to community mental health facilities. Such
 1265  system shall include a network of client managers and case
 1266  managers throughout the state designed to:
 1267         (a) Reduce the possibility of a client’s admission or
 1268  readmission to a state treatment facility.
 1269         (b) Provide for the creation or designation of an agency in
 1270  each county to provide single intake services for each person
 1271  seeking mental health services. Such agency shall provide
 1272  information and referral services necessary to ensure that
 1273  clients receive the most appropriate and least restrictive form
 1274  of care, based on the individual needs of the person seeking
 1275  treatment. Such agency shall have a single telephone number,
 1276  operating 24 hours per day, 7 days per week, where practicable,
 1277  at a central location, where each client will have a central
 1278  record.
 1279         (c) Advocate on behalf of the client to ensure that all
 1280  appropriate services are afforded to the client in a timely and
 1281  dignified manner.
 1282         (d) Require that any public receiving facility initiating a
 1283  patient transfer to a licensed hospital for acute care mental
 1284  health services not accessible through the public receiving
 1285  facility shall notify the hospital of such transfer and send all
 1286  records relating to the emergency psychiatric or medical
 1287  condition.
 1288         (3) The department is directed to develop and include in
 1289  contracts with service providers measures of performance with
 1290  regard to goals and objectives as specified in the state plan.
 1291  Such measures shall use, to the extent practical, existing data
 1292  collection methods and reports and shall not require, as a
 1293  result of this subsection, additional reports on the part of
 1294  service providers. The department shall plan monitoring visits
 1295  of community mental health facilities with other state, federal,
 1296  and local governmental and private agencies charged with
 1297  monitoring such facilities.
 1298         Section 11. Effective July 1, 2016, section 394.459,
 1299  Florida Statutes, is amended to read:
 1300         394.459 Rights of individuals receiving treatment and
 1301  services patients.—
 1302         (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this
 1303  state that the individual dignity of all individuals held for
 1304  examination or admitted for mental health or substance abuse
 1305  treatment the patient shall be respected at all times and upon
 1306  all occasions, including any occasion when the individual
 1307  patient is taken into custody, held, or transported. Procedures,
 1308  facilities, vehicles, and restraining devices used utilized for
 1309  criminals or those accused of a crime may shall not be used in
 1310  connection with individuals persons who have a mental illness or
 1311  substance abuse impairment, except for the protection of that
 1312  individual the patient or others. An individual Persons who has
 1313  have a mental illness but who has are not been charged with a
 1314  criminal offense may shall not be detained or incarcerated in
 1315  the jails of this state. An individual A person who is receiving
 1316  treatment for mental illness or substance abuse may shall not be
 1317  deprived of his or her any constitutional rights. However, if
 1318  such individual a person is adjudicated incapacitated, his or
 1319  her rights may be limited to the same extent that the rights of
 1320  any incapacitated individual person are limited by law.
 1321         (2)PROTECTIVE CUSTODY WITHOUT CONSENT FOR SUBSTANCE ABUSE
 1322  IMPAIRMENT.—An individual who has a substance abuse impairment
 1323  but who has not been charged with a criminal offense may be
 1324  placed in protective custody without his or her consent, subject
 1325  to the limitations specified in this subsection. If it has been
 1326  determined that a hospital, an addictions receiving facility, or
 1327  a licensed detoxification facility is the most appropriate
 1328  placement for the individual, law enforcement may implement
 1329  protective custody measures as specified in this subsection.
 1330         (a) An individual meets the criteria for placement in
 1331  protective custody if there is a good faith reason to believe
 1332  that the individual is impaired by substance abuse, has lost the
 1333  power of self-control with respect to substance use because of
 1334  such impairment, and:
 1335         1. Has inflicted, has threated or attempted to inflict, or
 1336  is likely, if not admitted, to inflict, physical harm on himself
 1337  or herself or another; or
 1338         2. Is in need of substance abuse services and, by reason of
 1339  substance abuse impairment, is incapacitated and unable to make
 1340  a rational decision with regard to such services. However, mere
 1341  refusal to seek or obtain such services does not constitute
 1342  evidence of lack of judgment with respect to his or her need for
 1343  such services.
 1344         (b)If an individual who is in circumstances that justify
 1345  protective custody as described in paragraph (a) fails or
 1346  refuses to consent to assistance and a law enforcement officer
 1347  has determined that a hospital, an addictions receiving
 1348  facility, or a licensed detoxification facility is the most
 1349  appropriate treatment facility for such individual, the officer
 1350  may, after giving due consideration to the expressed wishes of
 1351  the individual:
 1352         1. Take the individual to a hospital, an addictions
 1353  receiving facility, or a licensed detoxification facility
 1354  against the individual’s will but without using unreasonable
 1355  force; or
 1356         2. In the case of an adult, detain the individual for his
 1357  or her own protection in any municipal or county jail or other
 1358  appropriate detention facility.
 1359  
 1360  Detention under this paragraph is not to be considered an arrest
 1361  for any purpose, and an entry or other record may not be made to
 1362  indicate that the individual has been detained or charged with
 1363  any crime. The officer in charge of the detention facility must
 1364  notify the nearest appropriate licensed service provider within
 1365  8 hours after detention that the individual has been detained.
 1366  The detention facility must arrange, as necessary, for
 1367  transportation of the individual to an appropriate licensed
 1368  service provider with an available bed. Individuals detained
 1369  under this paragraph must be assessed by an attending physician
 1370  without unnecessary delay and within a 72-hour period to
 1371  determine the need for further services.
 1372         (c) The nearest relative of a minor in protective custody
 1373  must be notified by the law enforcement officer, as must the
 1374  nearest relative of an adult, unless the adult requests that
 1375  there be no notification.
 1376         (d) An individual who is in protective custody must be
 1377  released by a qualified professional when any of the following
 1378  circumstances occur:
 1379         1. The individual no longer meets the protective custody
 1380  criteria set out in paragraph (a);
 1381         2. A 72-hour period has elapsed since the individual was
 1382  taken into custody; or
 1383         3. The individual has consented voluntarily to readmission
 1384  at the facility of the licensed service provider.
 1385         (e) An individual may be detained in protective custody
 1386  beyond the 72-hour period if a petitioner has initiated
 1387  proceedings for involuntary assessment or treatment. The timely
 1388  filing of the petition authorizes the service provider to retain
 1389  physical custody of the individual pending further order of the
 1390  court.
 1391         (3)(2) RIGHT TO TREATMENT.—An individual held for
 1392  examination or admitted for mental illness or substance abuse
 1393  treatment:
 1394         (a) May A person shall not be denied treatment for mental
 1395  illness or substance abuse impairment, and services may shall
 1396  not be delayed at a mental health receiving facility, addictions
 1397  receiving facility, detoxification facility, or treatment
 1398  facility because of inability to pay. However, every reasonable
 1399  effort to collect appropriate reimbursement for the cost of
 1400  providing mental health or substance abuse services from
 1401  individuals to persons able to pay for services, including
 1402  insurance or third-party payments by third-party payers, shall
 1403  be made by facilities providing services under pursuant to this
 1404  part.
 1405         (b) Shall be provided It is further the policy of the state
 1406  that the least restrictive appropriate, available treatment,
 1407  which must be utilized based on the individual’s individual
 1408  needs and best interests of the patient and consistent with the
 1409  optimum improvement of the individual’s patient’s condition.
 1410         (c) Shall Each person who remains at a receiving or
 1411  treatment facility for more than 12 hours shall be given a
 1412  physical examination by a health practitioner authorized by law
 1413  to give such examinations, and a mental health or substance
 1414  abuse evaluation, as appropriate, by a psychiatrist,
 1415  psychologist, psychiatric nurse, or qualified substance abuse
 1416  professional within 24 hours after arrival at such facility if
 1417  the individual has not been released or discharged pursuant to
 1418  s. 394.463(2)(h) or s. 394.469. The physical examination and
 1419  mental health evaluation must be documented in the clinical
 1420  record. The physical and mental health examinations shall
 1421  include efforts to identify indicators of substance abuse
 1422  impairment, substance abuse intoxication, and substance abuse
 1423  withdrawal.
 1424         (d) Shall Every patient in a facility shall be afforded the
 1425  opportunity to participate in activities designed to enhance
 1426  self-image and the beneficial effects of other treatments, as
 1427  determined by the facility.
 1428         (e) Shall, not more than 5 days after admission to a
 1429  facility, each patient shall have and receive an individualized
 1430  treatment plan in writing, which the individual patient has had
 1431  an opportunity to assist in preparing and to review before prior
 1432  to its implementation. The plan must shall include a space for
 1433  the individual’s patient’s comments and signature.
 1434         (4)(3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
 1435         (a)1. Each individual patient entering treatment shall be
 1436  asked to give express and informed consent for admission or
 1437  treatment.
 1438         (a) If the individual patient has been adjudicated
 1439  incapacitated or found to be incompetent to consent to
 1440  treatment, express and informed consent must to treatment shall
 1441  be sought from his or her instead from the patient’s guardian,
 1442  or guardian advocate, or health care surrogate or proxy. If the
 1443  individual patient is a minor, express and informed consent for
 1444  admission or treatment must be obtained shall also be requested
 1445  from the patient’s guardian. Express and informed consent for
 1446  admission or treatment of a patient under 18 years of age shall
 1447  be required from the minor’s patient’s guardian, unless the
 1448  minor is seeking outpatient crisis intervention services under
 1449  s. 394.4784. Express and informed consent for admission or
 1450  treatment given by a patient who is under 18 years of age shall
 1451  not be a condition of admission when the patient’s guardian
 1452  gives express and informed consent for the patient’s admission
 1453  pursuant to s. 394.463 or s. 394.467.
 1454         (b)2. Before giving express and informed consent, the
 1455  following information shall be provided and explained in plain
 1456  language to the individual and patient, or to his or her the
 1457  patient’s guardian if the individual patient is an adult 18
 1458  years of age or older and has been adjudicated incapacitated, or
 1459  to his or her the patient’s guardian advocate if the individual
 1460  patient has been found to be incompetent to consent to
 1461  treatment, to the health care surrogate or proxy, or to both the
 1462  individual patient and the guardian if the individual patient is
 1463  a minor: the reason for admission or treatment; the proposed
 1464  treatment and; the purpose of such the treatment to be provided;
 1465  the common risks, benefits, and side effects of the proposed
 1466  treatment thereof; the specific dosage range of for the
 1467  medication, if when applicable; alternative treatment
 1468  modalities; the approximate length of care; the potential
 1469  effects of stopping treatment; how treatment will be monitored;
 1470  and that any consent given for treatment may be revoked orally
 1471  or in writing before or during the treatment period by the
 1472  individual receiving the treatment patient or by a person who is
 1473  legally authorized to make health care decisions on the
 1474  individual’s behalf of the patient.
 1475         (b) In the case of medical procedures requiring the use of
 1476  a general anesthetic or electroconvulsive treatment, and prior
 1477  to performing the procedure, express and informed consent shall
 1478  be obtained from the patient if the patient is legally
 1479  competent, from the guardian of a minor patient, from the
 1480  guardian of a patient who has been adjudicated incapacitated, or
 1481  from the guardian advocate of the patient if the guardian
 1482  advocate has been given express court authority to consent to
 1483  medical procedures or electroconvulsive treatment as provided
 1484  under s. 394.4598.
 1485         (c) When the department is the legal guardian of a patient,
 1486  or is the custodian of a patient whose physician is unwilling to
 1487  perform a medical procedure, including an electroconvulsive
 1488  treatment, based solely on the patient’s consent and whose
 1489  guardian or guardian advocate is unknown or unlocatable, the
 1490  court shall hold a hearing to determine the medical necessity of
 1491  the medical procedure. The patient shall be physically present,
 1492  unless the patient’s medical condition precludes such presence,
 1493  represented by counsel, and provided the right and opportunity
 1494  to be confronted with, and to cross-examine, all witnesses
 1495  alleging the medical necessity of such procedure. In such
 1496  proceedings, the burden of proof by clear and convincing
 1497  evidence shall be on the party alleging the medical necessity of
 1498  the procedure.
 1499         (d) The administrator of a receiving or treatment facility
 1500  may, upon the recommendation of the patient’s attending
 1501  physician, authorize emergency medical treatment, including a
 1502  surgical procedure, if such treatment is deemed lifesaving, or
 1503  if the situation threatens serious bodily harm to the patient,
 1504  and permission of the patient or the patient’s guardian or
 1505  guardian advocate cannot be obtained.
 1506         (5)(4) QUALITY OF TREATMENT.—
 1507         (a) Each individual patient shall receive services,
 1508  including, for a patient placed under s. 394.4655 shall receive,
 1509  those services that are included in the court order which are
 1510  suited to his or her needs, and which shall be administered
 1511  skillfully, safely, and humanely with full respect for the
 1512  individual’s patient’s dignity and personal integrity. Each
 1513  individual patient shall receive such medical, vocational,
 1514  social, educational, substance abuse, and rehabilitative
 1515  services as his or her condition requires in order to live
 1516  successfully in the community. In order to achieve this goal,
 1517  the department shall is directed to coordinate its mental health
 1518  and substance abuse programs with all other programs of the
 1519  department and other state agencies.
 1520         (b) Facilities shall develop and maintain, in a form that
 1521  is accessible to and readily understandable by individuals held
 1522  for examination or admitted for mental health or substance abuse
 1523  treatment patients and consistent with rules adopted by the
 1524  department, the following:
 1525         1. Criteria, procedures, and required staff training for
 1526  the any use of close or elevated levels of supervision, of
 1527  restraint, seclusion, or isolation, or of emergency treatment
 1528  orders, and for the use of bodily control and physical
 1529  management techniques.
 1530         2. Procedures for documenting, monitoring, and requiring
 1531  clinical review of all uses of the procedures described in
 1532  subparagraph 1. and for documenting and requiring review of any
 1533  incidents resulting in injury to individuals receiving services
 1534  patients.
 1535         3. A system for investigating, tracking, managing, and
 1536  responding to complaints by individuals persons receiving
 1537  services or persons individuals acting on their behalf.
 1538         (c) Facilities shall have written procedures for reporting
 1539  events that place individuals receiving services at risk of
 1540  harm. Such events must be reported to the managing entity in the
 1541  facility’s region and the department as soon as reasonably
 1542  possible after discovery and include, but are not limited to:
 1543         1. The death, regardless of cause or manner, of an
 1544  individual examined or treated at a facility that occurs while
 1545  the individual is at the facility or that occurs within 72 hours
 1546  after release, if the death is known to the facility
 1547  administrator.
 1548         2. An injury sustained, or allegedly sustained, at a
 1549  facility, by an individual examined or treated at the facility
 1550  and caused by an accident, assault, act of abuse, neglect, or
 1551  suicide attempt, or a self-inflicted injury, if the injury
 1552  requires medical treatment by a licensed health care
 1553  practitioner in an acute care medical facility.
 1554         3. The unauthorized departure or absence of an individual
 1555  from a facility in which he or she has been held for involuntary
 1556  examination or involuntary placement.
 1557         4. A disaster or crisis situation such as a tornado,
 1558  hurricane, kidnapping, riot, or hostage situation that
 1559  jeopardizes the health, safety, or welfare of individuals
 1560  examined or treated in a facility.
 1561         5. An allegation of sexual battery upon an individual
 1562  examined or treated in a facility.
 1563         (d)(c) A facility may not use seclusion or restraint for
 1564  punishment, to compensate for inadequate staffing, or for the
 1565  convenience of staff. Facilities shall ensure that all staff are
 1566  made aware of these restrictions on the use of seclusion and
 1567  restraint and shall make and maintain records that which
 1568  demonstrate that this information has been conveyed to each
 1569  individual staff member members.
 1570         (6)(5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
 1571         (a) Each individual person receiving services in a facility
 1572  providing mental health services under this part has the right
 1573  to communicate freely and privately with persons outside the
 1574  facility unless it is determined that such communication is
 1575  likely to be harmful to the individual person or others. Each
 1576  facility shall make available as soon as reasonably possible to
 1577  persons receiving services a telephone that allows for free
 1578  local calls and access to a long-distance service to the
 1579  individual as soon as reasonably possible. A facility is not
 1580  required to pay the costs of the individual’s a patient’s long
 1581  distance calls. The telephone must shall be readily accessible
 1582  to the patient and shall be placed so that the individual
 1583  patient may use it to communicate privately and confidentially.
 1584  The facility may establish reasonable rules for the use of the
 1585  this telephone which, provided that the rules do not interfere
 1586  with an individual’s a patient’s access to a telephone to report
 1587  abuse pursuant to paragraph (e).
 1588         (b) Each individual patient admitted to a facility under
 1589  the provisions of this part shall be allowed to receive, send,
 1590  and mail sealed, unopened correspondence; and the individual’s
 1591  no patient’s incoming or outgoing correspondence may not shall
 1592  be opened, delayed, held, or censored by the facility unless
 1593  there is reason to believe that it contains items or substances
 1594  that which may be harmful to the individual patient or others,
 1595  in which case the administrator may direct reasonable
 1596  examination of such mail and may regulate the disposition of
 1597  such items or substances.
 1598         (c) Each facility shall allow must permit immediate access
 1599  to an individual any patient, subject to the patient’s right to
 1600  deny or withdraw consent at any time, by the individual, or by
 1601  the individual’s patient’s family members, guardian, guardian
 1602  advocate, health care surrogate or proxy, representative,
 1603  Florida statewide or local advocacy council, or attorneys
 1604  attorney, unless such access would be detrimental to the
 1605  individual patient. If the a patient’s right to communicate or
 1606  to receive visitors is restricted by the facility, written
 1607  notice of such restriction and the reasons for the restriction
 1608  shall be served on the individual and patient, the individual’s
 1609  patient’s attorney, and the patient’s guardian, guardian
 1610  advocate, health care surrogate or proxy, or representative; and
 1611  such restriction, and the reasons for the restriction, must
 1612  shall be recorded in on the patient’s clinical record with the
 1613  reasons therefor. The restriction must of a patient’s right to
 1614  communicate or to receive visitors shall be reviewed at least
 1615  every 7 days. The right to communicate or receive visitors may
 1616  shall not be restricted as a means of punishment. This Nothing
 1617  in this paragraph may not shall be construed to limit the
 1618  provisions of paragraph (d).
 1619         (d) Each facility shall establish reasonable rules, which
 1620  must be the least restrictive possible, governing visitors,
 1621  visiting hours, and the use of telephones by individuals
 1622  patients in the least restrictive possible manner. An individual
 1623  has Patients shall have the right to contact and to receive
 1624  communication from his or her attorney their attorneys at any
 1625  reasonable time.
 1626         (e) Each individual patient receiving mental health or
 1627  substance abuse treatment in any facility shall have ready
 1628  access to a telephone in order to report an alleged abuse. The
 1629  facility staff shall orally and in writing inform each
 1630  individual patient of the procedure for reporting abuse and
 1631  shall make every reasonable effort to present the information in
 1632  a language the individual patient understands. A written copy of
 1633  that procedure, including the telephone number of the central
 1634  abuse hotline and reporting forms, must shall be posted in plain
 1635  view.
 1636         (f) The department shall adopt rules providing a procedure
 1637  for reporting abuse. Facility staff shall be required, As a
 1638  condition of employment, facility staff shall to become familiar
 1639  with the requirements and procedures for the reporting of abuse.
 1640         (7)(6) CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—A
 1641  facility shall respect the rights of an individual with regard A
 1642  patient’s right to the possession of his or her clothing and
 1643  personal effects shall be respected. The facility may take
 1644  temporary custody of such effects if when required for medical
 1645  and safety reasons. The A patient’s clothing and personal
 1646  effects shall be inventoried upon their removal into temporary
 1647  custody. Copies of this inventory shall be given to the
 1648  individual patient and to his or her the patient’s guardian,
 1649  guardian advocate, health care surrogate or proxy, or
 1650  representative and shall be recorded in the patient’s clinical
 1651  record. This inventory may be amended upon the request of the
 1652  individual patient or his or her the patient’s guardian,
 1653  guardian advocate, health care surrogate or proxy, or
 1654  representative. The inventory and any amendments to it must be
 1655  witnessed by two members of the facility staff and by the
 1656  individual patient, if he or she is able. All of the a patient’s
 1657  clothing and personal effects held by the facility shall be
 1658  returned to the individual patient immediately upon his or her
 1659  the discharge or transfer of the patient from the facility,
 1660  unless such return would be detrimental to the individual
 1661  patient. If personal effects are not returned to the patient,
 1662  the reason must be documented in the clinical record along with
 1663  the disposition of the clothing and personal effects, which may
 1664  be given instead to the individual’s patient’s guardian,
 1665  guardian advocate, health care surrogate or proxy, or
 1666  representative. As soon as practicable after an emergency
 1667  transfer of a patient, the individual’s patient’s clothing and
 1668  personal effects shall be transferred to the individual’s
 1669  patient’s new location, together with a copy of the inventory
 1670  and any amendments, unless an alternate plan is approved by the
 1671  individual patient, if he or she is able, and by his or her the
 1672  patient’s guardian, guardian advocate, health care surrogate or
 1673  proxy, or representative.
 1674         (8)(7) VOTING IN PUBLIC ELECTIONS.—A patient who is
 1675  eligible to vote according to the laws of the state has the
 1676  right to vote in the primary and general elections. The
 1677  department shall establish rules to enable patients to obtain
 1678  voter registration forms, applications for absentee ballots, and
 1679  absentee ballots.
 1680         (9)(8) HABEAS CORPUS.—
 1681         (a) At any time, and without notice, an individual a person
 1682  held or admitted for mental health or substance abuse
 1683  examination or placement in a receiving or treatment facility,
 1684  or a relative, friend, guardian, guardian advocate, health care
 1685  surrogate or proxy, representative, or attorney, or the
 1686  department, on behalf of such individual person, may petition
 1687  for a writ of habeas corpus to question the cause and legality
 1688  of such detention and request that the court order a return to
 1689  the writ in accordance with chapter 79. Each individual patient
 1690  held in a facility shall receive a written notice of the right
 1691  to petition for a writ of habeas corpus.
 1692         (b) At any time, and without notice, an individual held or
 1693  admitted for mental health or substance abuse examination or
 1694  placement a person who is a patient in a receiving or treatment
 1695  facility, or a relative, friend, guardian, guardian advocate,
 1696  health care surrogate or proxy, representative, or attorney, or
 1697  the department, on behalf of such individual person, may file a
 1698  petition in the circuit court in the county where the individual
 1699  patient is being held alleging that he or she the patient is
 1700  being unjustly denied a right or privilege granted under this
 1701  part herein or that a procedure authorized under this part
 1702  herein is being abused. Upon the filing of such a petition, the
 1703  court shall have the authority to conduct a judicial inquiry and
 1704  to issue an any order needed to correct an abuse of the
 1705  provisions of this part.
 1706         (c) The administrator of any receiving or treatment
 1707  facility receiving a petition under this subsection shall file
 1708  the petition with the clerk of the court on the next court
 1709  working day.
 1710         (d) A No fee may not shall be charged for the filing of a
 1711  petition under this subsection.
 1712         (10)(9) VIOLATIONS.—The department shall report to the
 1713  Agency for Health Care Administration any violation of the
 1714  rights or privileges of patients, or of any procedures provided
 1715  under this part, by any facility or professional licensed or
 1716  regulated by the agency. The agency is authorized to impose any
 1717  sanction authorized for violation of this part, based solely on
 1718  the investigation and findings of the department.
 1719         (11)(10) LIABILITY FOR VIOLATIONS.—Any person who violates
 1720  or abuses any rights or privileges of patients provided by this
 1721  part is liable for damages as determined by law. Any person who
 1722  acts in good faith in compliance with the provisions of this
 1723  part is immune from civil or criminal liability for his or her
 1724  actions in connection with the admission, diagnosis, treatment,
 1725  or discharge of a patient to or from a facility. However, this
 1726  section does not relieve any person from liability if such
 1727  person commits negligence.
 1728         (12)(11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE
 1729  PLANNING.—The patient shall have the opportunity to participate
 1730  in treatment and discharge planning and shall be notified in
 1731  writing of his or her right, upon discharge from the facility,
 1732  to seek treatment from the professional or agency of the
 1733  patient’s choice.
 1734         (13) ADVANCE DIRECTIVES.—All service providers under this
 1735  part shall provide information concerning advance directives to
 1736  individuals and assist those who are competent and willing to
 1737  complete an advance directive. The directive may include
 1738  instructions regarding mental health or substance abuse care.
 1739  Service providers under this part shall honor the advance
 1740  directive of individuals they serve, or shall request the
 1741  transfer of the individual as required under s. 765.1105.
 1742         (14)(12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.—Each
 1743  facility shall post a notice listing and describing, in the
 1744  language and terminology that the persons to whom the notice is
 1745  addressed can understand, the rights provided in this section.
 1746  This notice shall include a statement that provisions of the
 1747  federal Americans with Disabilities Act apply and the name and
 1748  telephone number of a person to contact for further information.
 1749  This notice shall be posted in a place readily accessible to
 1750  patients and in a format easily seen by patients. This notice
 1751  shall include the telephone numbers of the Florida local
 1752  advocacy council and Advocacy Center for Persons with
 1753  Disabilities, Inc.
 1754         Section 12. Section 394.4597, Florida Statutes, is amended
 1755  to read:
 1756         394.4597 Persons to be notified; appointment of a patient’s
 1757  representative.—
 1758         (1) VOLUNTARY ADMISSION PATIENTS.—At the time an individual
 1759  a patient is voluntarily admitted to a receiving or treatment
 1760  facility, the individual shall be asked to identify a person to
 1761  be notified in case of an emergency, and the identity and
 1762  contact information of that a person to be notified in case of
 1763  an emergency shall be entered in the individual’s patient’s
 1764  clinical record.
 1765         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1766         (a) At the time an individual a patient is admitted to a
 1767  facility for involuntary examination or placement, or when a
 1768  petition for involuntary placement is filed, the names,
 1769  addresses, and telephone numbers of the individual’s patient’s
 1770  guardian or guardian advocate, health care surrogate, or proxy,
 1771  or representative if he or she the patient has no guardian, and
 1772  the individual’s patient’s attorney shall be entered in the
 1773  patient’s clinical record.
 1774         (b) If the individual patient has no guardian, guardian
 1775  advocate, health care surrogate, or proxy, he or she the patient
 1776  shall be asked to designate a representative. If the individual
 1777  patient is unable or unwilling to designate a representative,
 1778  the facility shall select a representative.
 1779         (c) The individual patient shall be consulted with regard
 1780  to the selection of a representative by the receiving or
 1781  treatment facility and may shall have authority to request that
 1782  the any such representative be replaced.
 1783         (d) If When the receiving or treatment facility selects a
 1784  representative, first preference shall be given to a health care
 1785  surrogate, if one has been previously selected by the patient.
 1786  If the individual patient has not previously selected a health
 1787  care surrogate, the selection, except for good cause documented
 1788  in the individual’s patient’s clinical record, shall be made
 1789  from the following list in the order of listing:
 1790         1. The individual’s patient’s spouse.
 1791         2. An adult child of the individual patient.
 1792         3. A parent of the individual patient.
 1793         4. The adult next of kin of the individual patient.
 1794         5. An adult friend of the individual patient.
 1795         6. The appropriate Florida local advocacy council as
 1796  provided in s. 402.166.
 1797         (e) The following persons are prohibited from selection as
 1798  an individual’s representative:
 1799         1. A professional providing clinical services to the
 1800  individual under this part;
 1801         2. The licensed professional who initiated the involuntary
 1802  examination of the individual, if the examination was initiated
 1803  by professional certificate;
 1804         3. An employee, administrator, or board member of the
 1805  facility providing the examination of the individual;
 1806         4. An employee, administrator, or board member of a
 1807  treatment facility providing treatment of the individual;
 1808         5. A person providing any substantial professional services
 1809  to the individual, including clinical and nonclinical services;
 1810         6. A creditor of the individual;
 1811         7. A person subject to an injunction for protection against
 1812  domestic violence under s. 741.30, whether the order of
 1813  injunction is temporary or final, and for which the individual
 1814  was the petitioner; and
 1815         8. A person subject to an injunction for protection against
 1816  repeat violence, sexual violence, or dating violence under s.
 1817  784.046, whether the order of injunction is temporary or final,
 1818  and for which the individual was the petitioner.
 1819         (e) A licensed professional providing services to the
 1820  patient under this part, an employee of a facility providing
 1821  direct services to the patient under this part, a department
 1822  employee, a person providing other substantial services to the
 1823  patient in a professional or business capacity, or a creditor of
 1824  the patient shall not be appointed as the patient’s
 1825  representative.
 1826         (f) The representative selected by the individual or
 1827  designated by the facility has the right to:
 1828         1. Receive notice of the individual’s admission;
 1829         2. Receive notice of proceedings affecting the individual;
 1830         3. Have immediate access to the individual unless such
 1831  access is documented to be detrimental to the individual;
 1832         4. Receive notice of any restriction of the individual’s
 1833  right to communicate or receive visitors;
 1834         5. Receive a copy of the inventory of personal effects upon
 1835  the individual’s admission and to request an amendment to the
 1836  inventory at any time;
 1837         6. Receive disposition of the individual’s clothing and
 1838  personal effects if not returned to the individual, or to
 1839  approve an alternate plan;
 1840         7. Petition on behalf of the individual for a writ of
 1841  habeas corpus to question the cause and legality of the
 1842  individual’s detention or to allege that the individual is being
 1843  unjustly denied a right or privilege granted under this part, or
 1844  that a procedure authorized under this part is being abused;
 1845         8. Apply for a change of venue for the individual’s
 1846  involuntary placement hearing for the convenience of the parties
 1847  or witnesses or because of the individual’s condition;
 1848         9. Receive written notice of any restriction of the
 1849  individual’s right to inspect his or her clinical record;
 1850         10. Receive notice of the release of the individual from a
 1851  receiving facility where an involuntary examination was
 1852  performed;
 1853         11. Receive a copy of any petition for the individual’s
 1854  involuntary placement filed with the court; and
 1855         12. Be informed by the court of the individual’s right to
 1856  an independent expert evaluation pursuant to involuntary
 1857  placement procedures.
 1858         Section 13. Effective July 1, 2016, section 394.4598,
 1859  Florida Statutes, is amended to read:
 1860         394.4598 Guardian advocate.—
 1861         (1) The administrator, family member, or interested party
 1862  may petition the court for the appointment of a guardian
 1863  advocate based upon the opinion of a psychiatrist that an
 1864  individual held for examination or admitted for mental health or
 1865  substance abuse treatment the patient is incompetent to consent
 1866  to treatment. If the court finds that the individual a patient
 1867  is incompetent to consent to treatment and has not been
 1868  adjudicated incapacitated and a guardian having with the
 1869  authority to consent to mental health or substance abuse
 1870  treatment has not been appointed, it shall appoint a guardian
 1871  advocate. The individual patient has the right to have an
 1872  attorney represent him or her at the hearing. If the individual
 1873  person is indigent, the court shall appoint the office of the
 1874  public defender to represent him or her at the hearing. The
 1875  individual patient has the right to testify, cross-examine
 1876  witnesses, and present witnesses. The proceeding must shall be
 1877  recorded either electronically or stenographically, and
 1878  testimony shall be provided under oath. One of the professionals
 1879  authorized to give an opinion in support of a petition for
 1880  involuntary placement, as described in s. 394.4655 or s.
 1881  394.467, shall must testify. The A guardian advocate shall must
 1882  meet the qualifications of a guardian pursuant to contained in
 1883  part IV of chapter 744, except that a professional referred to
 1884  in this part, an employee of the facility providing direct
 1885  services to the patient under this part, a departmental
 1886  employee, a facility administrator, or member of the Florida
 1887  local advocacy council shall not be appointed. A person who is
 1888  appointed as a guardian advocate must agree to the appointment.
 1889  A person may not be appointed as a guardian advocate unless he
 1890  or she agrees to the appointment.
 1891         (2) The following persons are prohibited from being
 1892  appointed as an individual’s guardian advocate:
 1893         (a) A professional providing clinical services to the
 1894  individual under this part;
 1895         (b) The licensed professional who initiated the involuntary
 1896  examination of the individual, if the examination was initiated
 1897  by professional certificate;
 1898         (c) An employee, administrator, or board member of the
 1899  facility providing the examination of the individual;
 1900         (d) An employee, administrator, or board member of a
 1901  treatment facility providing treatment of the individual;
 1902         (e) A person providing any substantial professional
 1903  services to the individual, including clinical and nonclinical
 1904  services;
 1905         (f) A creditor of the individual;
 1906         (g) A person subject to an injunction for protection
 1907  against domestic violence under s. 741.30, whether the order of
 1908  injunction is temporary or final, and for which the individual
 1909  was the petitioner; and
 1910         (h) A person subject to an injunction for protection
 1911  against repeat violence, sexual violence, or dating violence
 1912  under s. 784.046, whether the order of injunction is temporary
 1913  or final, and for which the individual was the petitioner.
 1914         (3)(2) A facility requesting appointment of a guardian
 1915  advocate must, prior to the appointment, provide the prospective
 1916  guardian advocate with information about the duties and
 1917  responsibilities of guardian advocates, including the
 1918  information about the ethics of medical decisionmaking. Before
 1919  asking a guardian advocate to give consent to treatment for an
 1920  individual held for examination or admitted for mental health or
 1921  substance abuse treatment a patient, the facility shall provide
 1922  to the guardian advocate sufficient information to allow so that
 1923  the guardian advocate to can decide whether to give express and
 1924  informed consent to the treatment, including information that
 1925  the treatment is essential to the care of the individual
 1926  patient, and that the treatment does not present an unreasonable
 1927  risk of serious, hazardous, or irreversible side effects. Before
 1928  giving consent to treatment, the guardian advocate must meet and
 1929  talk with the individual patient and the individual’s patient’s
 1930  physician face to face in person, if at all possible, and by
 1931  telephone, if not. The guardian advocate shall make every effort
 1932  to make decisions regarding treatment that he or she believes
 1933  the individual would have made under the circumstances if the
 1934  individual were capable of making such a decision. The decision
 1935  of the guardian advocate may be reviewed by the court, upon
 1936  petition of the individual’s patient’s attorney, the
 1937  individual’s patient’s family, or the facility administrator.
 1938         (4)(3)Prior to A guardian advocate must attend at least a
 1939  4-hour training course approved by the court before exercising
 1940  his or her authority, the guardian advocate shall attend a
 1941  training course approved by the court. This training course, of
 1942  not less than 4 hours, must include, at minimum, information
 1943  about an the individual’s patient rights, psychotropic
 1944  medications, diagnosis of mental illness or substance abuse
 1945  impairment, the ethics of medical decisionmaking, and the duties
 1946  of guardian advocates. This training course shall take the place
 1947  of the training required for guardians appointed pursuant to
 1948  chapter 744.
 1949         (5)(4) The information to be supplied to prospective
 1950  guardian advocates before prior to their appointment and the
 1951  training course for guardian advocates must be developed and
 1952  completed through a course developed by the department and
 1953  approved by the chief judge of the circuit court and taught by a
 1954  court-approved organization. Court-approved organizations may
 1955  include, but need are not be limited to, community or junior
 1956  colleges, guardianship organizations, and the local bar
 1957  association or The Florida Bar. The court may, in its
 1958  discretion, waive some or all of the training requirements for
 1959  guardian advocates or impose additional requirements. The court
 1960  shall make its decision on a case-by-case basis and, in making
 1961  its decision, shall consider the experience and education of the
 1962  guardian advocate, the duties assigned to the guardian advocate,
 1963  and the needs of the individual subject to involuntary placement
 1964  patient.
 1965         (6)(5) In selecting a guardian advocate, the court shall
 1966  give preference to a health care surrogate, if one has already
 1967  been designated by the individual held for examination or
 1968  admitted for mental health or substance abuse treatment patient.
 1969  If the individual patient has not previously selected a health
 1970  care surrogate, except for good cause documented in the court
 1971  record, the selection shall be made from the following list in
 1972  the order of listing:
 1973         (a) The individual’s patient’s spouse.
 1974         (b) An adult child of the individual patient.
 1975         (c) A parent of the individual patient.
 1976         (d) The adult next of kin of the individual patient.
 1977         (e) An adult friend of the individual patient.
 1978         (f) An adult trained and willing to serve as guardian
 1979  advocate for the individual patient.
 1980         (7)(6) If a guardian with the authority to consent to
 1981  medical treatment has not already been appointed or if the
 1982  individual held for examination or admitted for mental health or
 1983  substance abuse treatment patient has not already designated a
 1984  health care surrogate, the court may authorize the guardian
 1985  advocate to consent to medical treatment, as well as mental
 1986  health and substance abuse treatment. Unless otherwise limited
 1987  by the court, a guardian advocate with authority to consent to
 1988  medical treatment shall have the same authority to make health
 1989  care decisions and be subject to the same restrictions as a
 1990  proxy appointed under part IV of chapter 765. Unless the
 1991  guardian advocate has sought and received express court approval
 1992  in proceeding separate from the proceeding to determine the
 1993  competence of the patient to consent to medical treatment, the
 1994  guardian advocate may not consent to:
 1995         (a) Abortion.
 1996         (b) Sterilization.
 1997         (c) Electroconvulsive treatment.
 1998         (d) Psychosurgery.
 1999         (e) Experimental treatments that have not been approved by
 2000  a federally approved institutional review board in accordance
 2001  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 2002  
 2003  In making a medical treatment decision under this subsection,
 2004  the court shall must base its decision on evidence that the
 2005  treatment or procedure is essential to the care of the
 2006  individual patient and that the treatment does not present an
 2007  unreasonable risk of serious, hazardous, or irreversible side
 2008  effects. The court shall follow the procedures set forth in
 2009  subsection (1) of this section.
 2010         (8)(7) The guardian advocate shall be discharged when the
 2011  individual for whom he or she is appointed patient is discharged
 2012  from an order for involuntary outpatient placement or
 2013  involuntary inpatient placement or when the individual patient
 2014  is transferred from involuntary to voluntary status. The court
 2015  or a hearing officer shall consider the competence of the
 2016  individual patient pursuant to subsection (1) and may consider
 2017  an involuntarily placed individual’s patient’s competence to
 2018  consent to treatment at any hearing. Upon sufficient evidence,
 2019  the court may restore, or the magistrate or administrative law
 2020  judge hearing officer may recommend that the court restore, the
 2021  individual’s patient’s competence. A copy of the order restoring
 2022  competence or the certificate of discharge containing the
 2023  restoration of competence shall be provided to the individual
 2024  patient and the guardian advocate.
 2025         Section 14. Section 394.4599, Florida Statutes, is amended
 2026  to read:
 2027         394.4599 Notice.—
 2028         (1) VOLUNTARY ADMISSION PATIENTS.—Notice of an individual’s
 2029  a voluntary patient’s admission shall only be given only at the
 2030  request of the individual patient, except that, in an emergency,
 2031  notice shall be given as determined by the facility.
 2032         (2) INVOLUNTARY ADMISSION PATIENTS.—
 2033         (a) Whenever notice is required to be given under this
 2034  part, such notice shall be given to the individual patient and
 2035  the individual’s patient’s guardian, guardian advocate, health
 2036  care surrogate or proxy, attorney, and representative.
 2037         1. When notice is required to be given to an individual a
 2038  patient, it shall be given both orally and in writing, in the
 2039  language and terminology that the individual patient can
 2040  understand, and, if needed, the facility shall provide an
 2041  interpreter for the individual patient.
 2042         2. Notice to an individual’s a patient’s guardian, guardian
 2043  advocate, health care surrogate or proxy, attorney, and
 2044  representative shall be given by United States mail and by
 2045  registered or certified mail with the date, time, and method of
 2046  notice delivery documented in receipts attached to the patient’s
 2047  clinical record. Hand delivery by a facility employee may be
 2048  used as an alternative, with the date and time of delivery
 2049  documented in the clinical record. If notice is given by a state
 2050  attorney or an attorney for the department, a certificate of
 2051  service is shall be sufficient to document service.
 2052         (b) A receiving facility shall give prompt notice of the
 2053  whereabouts of an individual a patient who is being
 2054  involuntarily held for examination to the individual’s guardian,
 2055  guardian advocate, health care surrogate or proxy, attorney or
 2056  representative, by telephone or in person within 24 hours after
 2057  the individual’s patient’s arrival at the facility, unless the
 2058  patient requests that no notification be made. Contact attempts
 2059  shall be documented in the individual’s patient’s clinical
 2060  record and shall begin as soon as reasonably possible after the
 2061  individual’s patient’s arrival. Notice that a patient is being
 2062  admitted as an involuntary patient shall be given to the Florida
 2063  local advocacy council no later than the next working day after
 2064  the patient is admitted.
 2065         (c)1. A receiving facility shall give notice of the
 2066  whereabouts of a minor who is being involuntarily held for
 2067  examination pursuant to s. 394.463 to the minor’s parent,
 2068  guardian, caregiver, or guardian advocate, in person or by
 2069  telephone or other form of electronic communication, immediately
 2070  after the minor’s arrival at the facility. The facility may not
 2071  delay notification for more than 24 hours after the minor’s
 2072  arrival if the facility has submitted a report to the central
 2073  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 2074  suspicion of abuse, abandonment, or neglect and if the facility
 2075  deems a delay in notification to be in the minor’s best
 2076  interest.
 2077         2. The receiving facility shall attempt to notify the
 2078  minor’s parent, guardian, caregiver, or guardian advocate until
 2079  the receiving facility receives confirmation from the parent,
 2080  guardian, caregiver, or guardian advocate, verbally, by
 2081  telephone or other form of electronic communication, or by
 2082  recorded message, that notification has been received. Attempts
 2083  to notify the parent, guardian, caregiver, or guardian advocate
 2084  must be repeated at least once each hour during the first 12
 2085  hours after the minor’s arrival and once every 24 hours
 2086  thereafter and must continue until such confirmation is
 2087  received, unless the minor is released at the end of the 72-hour
 2088  examination period, or until a petition for involuntary
 2089  placement is filed with the court pursuant to s. 394.463(2)(i).
 2090  The receiving facility may seek assistance from a law
 2091  enforcement agency to notify the minor’s parent, guardian,
 2092  caregiver, or guardian advocate if the facility has not
 2093  received, within the first 24 hours after the minor’s arrival, a
 2094  confirmation by the parent, guardian, caregiver, or guardian
 2095  advocate that notification has been received. The receiving
 2096  facility must document notification attempts in the minor’s
 2097  clinical record.
 2098         (d)(c) The written notice of the filing of the petition for
 2099  involuntary placement of an individual being held must contain
 2100  the following:
 2101         1. Notice that the petition has been filed with the circuit
 2102  court in the county in which the individual patient is
 2103  hospitalized and the address of such court.
 2104         2. Notice that the office of the public defender has been
 2105  appointed to represent the individual patient in the proceeding,
 2106  if the individual patient is not otherwise represented by
 2107  counsel.
 2108         3. The date, time, and place of the hearing and the name of
 2109  each examining expert and every other person expected to testify
 2110  in support of continued detention.
 2111         4. Notice that the individual patient, the individual’s
 2112  patient’s guardian, guardian advocate, health care surrogate or
 2113  proxy, or representative, or the administrator may apply for a
 2114  change of venue for the convenience of the parties or witnesses
 2115  or because of the condition of the individual patient.
 2116         5. Notice that the individual patient is entitled to an
 2117  independent expert examination and, if the individual patient
 2118  cannot afford such an examination, that the court will provide
 2119  for one.
 2120         (e)(d) A treatment facility shall provide notice of an
 2121  individual’s a patient’s involuntary admission on the next
 2122  regular working day after the individual’s patient’s arrival at
 2123  the facility.
 2124         (f)(e) When an individual a patient is to be transferred
 2125  from one facility to another, notice shall be given by the
 2126  facility where the individual patient is located before prior to
 2127  the transfer.
 2128         Section 15. Effective July 1, 2016, subsections (1), (2),
 2129  (3), and (10) of section 394.4615, Florida Statutes, are amended
 2130  to read:
 2131         394.4615 Clinical records; confidentiality.—
 2132         (1) A clinical record shall be maintained for each
 2133  individual held for examination or admitted for treatment under
 2134  this part patient. The record shall include data pertaining to
 2135  admission and such other information as may be required under
 2136  rules of the department. A clinical record is confidential and
 2137  exempt from the provisions of s. 119.07(1). Unless waived by
 2138  express and informed consent of the individual, by the patient
 2139  or his or her the patient’s guardian, or guardian advocate,
 2140  health care surrogate or proxy, or, if the individual patient is
 2141  deceased, by his or her guardian, guardian advocate, health care
 2142  surrogate or proxy, by his or her the patient’s personal
 2143  representative or the family member who stands next in line of
 2144  intestate succession, the confidential status of the clinical
 2145  record shall not be lost by either authorized or unauthorized
 2146  disclosure to any person, organization, or agency.
 2147         (2) The clinical record of an individual held for
 2148  examination or admitted for treatment under this part shall be
 2149  released if when:
 2150         (a) The individual patient or the individual’s patient’s
 2151  guardian, guardian advocate, health care surrogate or proxy, or
 2152  representative authorizes the release. The guardian, or guardian
 2153  advocate, health care surrogate or proxy shall be provided
 2154  access to the appropriate clinical records of the patient. The
 2155  individual patient or the patient’s guardian, or guardian
 2156  advocate, health care surrogate or proxy may authorize the
 2157  release of information and clinical records to appropriate
 2158  persons to ensure the continuity of the individual’s patient’s
 2159  health care or mental health or substance abuse care.
 2160         (b) The individual patient is represented by counsel and
 2161  the records are needed by the individual’s patient’s counsel for
 2162  adequate representation.
 2163         (c) A petition for involuntary inpatient placement is filed
 2164  and the records are needed by the state attorney to evaluate the
 2165  allegations set forth in the petition or to prosecute the
 2166  petition. However, the state attorney may not use clinical
 2167  records obtained under this part for the purpose of criminal
 2168  investigation or prosecution, or for any other purpose not
 2169  authorized by this part.
 2170         (d)(c) The court orders such release. In determining
 2171  whether there is good cause for disclosure, the court shall
 2172  weigh the need for the information to be disclosed against the
 2173  possible harm of disclosure to the individual person to whom
 2174  such information pertains.
 2175         (e)(d) The individual patient is committed to, or is to be
 2176  returned to, the Department of Corrections from the Department
 2177  of Children and Families, and the Department of Corrections
 2178  requests such records. These records shall be furnished without
 2179  charge to the Department of Corrections.
 2180         (3) Information from the clinical record may be released in
 2181  the following circumstances:
 2182         (a) When a patient has declared an intention to harm other
 2183  persons. When such declaration has been made, the administrator
 2184  may authorize the release of sufficient information to provide
 2185  adequate warning to law enforcement agencies and to the person
 2186  threatened with harm by the patient.
 2187         (b) When the administrator of the facility or secretary of
 2188  the department deems release to a qualified researcher as
 2189  defined in administrative rule, an aftercare treatment provider,
 2190  or an employee or agent of the department is necessary for
 2191  treatment of the patient, maintenance of adequate records,
 2192  compilation of treatment data, aftercare planning, or evaluation
 2193  of programs.
 2194  
 2195  For the purpose of determining whether a person meets the
 2196  criteria for involuntary outpatient placement or for preparing
 2197  the proposed treatment plan pursuant to s. 394.4655, the
 2198  clinical record may be released to the state attorney, the
 2199  public defender or the patient’s private legal counsel, the
 2200  court, and to the appropriate mental health professionals,
 2201  including the service provider identified in s. 394.4655(7)(b)
 2202  s. 394.4655(6)(b)2., in accordance with state and federal law.
 2203         (10) An individual held for examination or admitted for
 2204  treatment Patients shall have reasonable access to his or her
 2205  their clinical records, unless such access is determined by the
 2206  individual’s patient’s physician to be harmful to the individual
 2207  patient. If the individual’s patient’s right to inspect his or
 2208  her clinical record is restricted by the facility, written
 2209  notice of such restriction shall be given to the individual
 2210  patient and the individual’s patient’s guardian, guardian
 2211  advocate, health care surrogate or proxy, or attorney, and
 2212  representative. In addition, the restriction shall be recorded
 2213  in the clinical record, together with the reasons for it. The
 2214  restriction of an individual’s a patient’s right to inspect his
 2215  or her clinical record shall expire after 7 days but may be
 2216  renewed, after review, for subsequent 7-day periods.
 2217         Section 16. Effective July 1, 2016, subsection (1) of
 2218  section 394.462, Florida Statutes, is amended to read:
 2219         394.462 Transportation.—
 2220         (1) TRANSPORTATION TO A RECEIVING OR DETOXIFICATION
 2221  FACILITY.—
 2222         (a) Each county shall designate a single law enforcement
 2223  agency within the county, or portions thereof, to take an
 2224  individual a person into custody upon the entry of an ex parte
 2225  order or the execution of a certificate for involuntary
 2226  examination by an authorized professional and to transport that
 2227  individual person to the nearest receiving facility for
 2228  examination. The designated law enforcement agency may decline
 2229  to transport the individual person to a receiving or
 2230  detoxification facility only if:
 2231         1. The county or jurisdiction designated by the county has
 2232  contracted on an annual basis with an emergency medical
 2233  transport service or private transport company for
 2234  transportation of individuals persons to receiving facilities
 2235  pursuant to this section at the sole cost of the county; and
 2236         2. The law enforcement agency and the emergency medical
 2237  transport service or private transport company agree that the
 2238  continued presence of law enforcement personnel is not necessary
 2239  for the safety of the individuals being transported person or
 2240  others.
 2241         3. The jurisdiction designated by the county may seek
 2242  reimbursement for transportation expenses. The party responsible
 2243  for payment for such transportation is the person receiving the
 2244  transportation. The county shall seek reimbursement from the
 2245  following sources in the following order:
 2246         a. From an insurance company, health care corporation, or
 2247  other source, if the individual being transported person
 2248  receiving the transportation is covered by an insurance policy
 2249  or subscribes to a health care corporation or other source for
 2250  payment of such expenses.
 2251         b. From the individual being transported person receiving
 2252  the transportation.
 2253         c. From a financial settlement for medical care, treatment,
 2254  hospitalization, or transportation payable or accruing to the
 2255  injured party.
 2256         (b) Any company that transports a patient pursuant to this
 2257  subsection is considered an independent contractor and is solely
 2258  liable for the safe and dignified transportation of the patient.
 2259  Such company must be insured and provide no less than $100,000
 2260  in liability insurance with respect to the transportation of
 2261  patients.
 2262         (c) Any company that contracts with a governing board of a
 2263  county to transport patients shall comply with the applicable
 2264  rules of the department to ensure the safety and dignity of the
 2265  patients.
 2266         (d) When a law enforcement officer takes custody of a
 2267  person pursuant to this part, the officer may request assistance
 2268  from emergency medical personnel if such assistance is needed
 2269  for the safety of the officer or the person in custody.
 2270         (e) When a member of a mental health overlay program or a
 2271  mobile crisis response service is a professional authorized to
 2272  initiate an involuntary examination pursuant to s. 394.463 and
 2273  that professional evaluates a person and determines that
 2274  transportation to a receiving facility is needed, the service,
 2275  at its discretion, may transport the person to the facility or
 2276  may call on the law enforcement agency or other transportation
 2277  arrangement best suited to the needs of the patient.
 2278         (f) When a any law enforcement officer has custody of a
 2279  person, based on either noncriminal or minor criminal behavior,
 2280  a misdemeanor, or a felony other than a forcible felony as
 2281  defined in s. 776.08, who that meets the statutory guidelines
 2282  for involuntary examination under this part, the law enforcement
 2283  officer shall transport the individual person to the nearest
 2284  receiving facility for examination.
 2285         (g) When any law enforcement officer has arrested a person
 2286  for a forcible felony as defined in s. 776.08 and it appears
 2287  that the person meets the criteria statutory guidelines for
 2288  involuntary examination or placement under this part, such
 2289  person shall first be processed in the same manner as any other
 2290  criminal suspect. The law enforcement agency shall thereafter
 2291  immediately notify the nearest public receiving facility, which
 2292  shall be responsible for promptly arranging for the examination
 2293  and treatment of the person. A receiving facility may is not
 2294  required to admit a person charged with a forcible felony as
 2295  defined in s. 776.08 crime for whom the facility determines and
 2296  documents that it is unable to provide adequate security, but
 2297  shall provide mental health examination and treatment to the
 2298  person at the location where he or she is held.
 2299         (h) If the appropriate law enforcement officer believes
 2300  that a person has an emergency medical condition as defined in
 2301  s. 395.002, the person may be first transported to a hospital
 2302  for emergency medical treatment, regardless of whether the
 2303  hospital is a designated receiving facility.
 2304         (i) The costs of transportation, evaluation,
 2305  hospitalization, and treatment incurred under this subsection by
 2306  persons who have been arrested for violations of any state law
 2307  or county or municipal ordinance may be recovered as provided in
 2308  s. 901.35.
 2309         (j) The nearest receiving facility must accept persons
 2310  brought by law enforcement officers for involuntary examination.
 2311         (k) Each law enforcement agency shall develop a memorandum
 2312  of understanding with each receiving facility within the law
 2313  enforcement agency’s jurisdiction which reflects a single set of
 2314  protocols for the safe and secure transportation of the person
 2315  and transfer of custody of the person. These protocols must also
 2316  address crisis intervention measures.
 2317         (l) When a jurisdiction has entered into a contract with an
 2318  emergency medical transport service or a private transport
 2319  company for transportation of persons to receiving facilities,
 2320  such service or company shall be given preference for
 2321  transportation of persons from nursing homes, assisted living
 2322  facilities, adult day care centers, or adult family-care homes,
 2323  unless the behavior of the person being transported is such that
 2324  transportation by a law enforcement officer is necessary.
 2325         (m) Nothing in this section shall be construed to limit
 2326  emergency examination and treatment of incapacitated persons
 2327  provided in accordance with the provisions of s. 401.445.
 2328         Section 17. Effective July 1, 2016, subsections (1), (2),
 2329  (4), and (5) of section 394.4625, Florida Statutes, are amended
 2330  to read:
 2331         394.4625 Voluntary admissions.—
 2332         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
 2333  PATIENTS.—
 2334         (a) In order to be voluntarily admitted to a facility A
 2335  facility may receive for observation, diagnosis, or treatment:
 2336  any person 18 years of age or older making application by
 2337  express and informed consent for admission or any person age 17
 2338  or under for whom such application is made by his or her
 2339  guardian. If found to
 2340         1. An individual must show evidence of mental illness or
 2341  substance abuse impairment, to be competent to provide express
 2342  and informed consent, and to be suitable for treatment, such
 2343  person 18 years of age or older may be admitted to the facility.
 2344  A person age 17 or under may be admitted only after a hearing to
 2345  verify the voluntariness of the consent.
 2346         2. An individual must be suitable for treatment by the
 2347  facility.
 2348         3. An adult must provide, and be competent to provide,
 2349  express and informed consent.
 2350         4. A minor’s guardian must provide express and informed
 2351  consent, in conjunction with the consent of the minor. However,
 2352  a minor may be admitted to an addictions receiving facility or
 2353  detoxification facility by his or her own consent without his or
 2354  her guardian’s consent, if a physician documents in the clinical
 2355  record that the minor has a substance abuse impairment. If the
 2356  minor is admitted by his or her own consent and without the
 2357  consent of his or her guardian, the facility must request the
 2358  minor’s permission to notify an adult family member or friend of
 2359  the minor’s voluntary admission into the facility.
 2360         a. The consent of the minor is an affirmative agreement by
 2361  the minor to remain at the facility for examination and
 2362  treatment, and failure to object does not constitute consent.
 2363         b. The minor’s consent must be verified through a clinical
 2364  assessment that is documented in the clinical record and
 2365  conducted within 12 hours after arrival at the facility by a
 2366  licensed professional authorized to initiate an involuntary
 2367  examination pursuant to s. 394.463.
 2368         c. In verifying the minor’s consent, and using language
 2369  that is appropriate to the minor’s age, experience, maturity,
 2370  and condition, the examining professional must provide the minor
 2371  with an explanation as to why the minor will be examined and
 2372  treated, what the minor can expect while in the facility, and
 2373  when the minor may expect to be released. The examining
 2374  professional must determine and document that the minor is able
 2375  to understand the information.
 2376         d. Unless the minor’s consent is verified pursuant to this
 2377  section, a petition for involuntary inpatient placement shall be
 2378  filed with the court within 1 court working day after his or her
 2379  arrival or the minor must be released to his or her guardian.
 2380         (b) A mental health overlay program or a mobile crisis
 2381  response service or a licensed professional who is authorized to
 2382  initiate an involuntary examination pursuant to s. 394.463 and
 2383  is employed by a community mental health center or clinic must,
 2384  pursuant to district procedure approved by the respective
 2385  district administrator, conduct an initial assessment of the
 2386  ability of the following persons to give express and informed
 2387  consent to treatment before such persons may be admitted
 2388  voluntarily:
 2389         1. A person 60 years of age or older for whom transfer is
 2390  being sought from a nursing home, assisted living facility,
 2391  adult day care center, or adult family-care home, when such
 2392  person has been diagnosed as suffering from dementia.
 2393         2. A person 60 years of age or older for whom transfer is
 2394  being sought from a nursing home pursuant to s. 400.0255(12).
 2395         3. A person for whom all decisions concerning medical
 2396  treatment are currently being lawfully made by the health care
 2397  surrogate or proxy designated under chapter 765.
 2398         (c) When an initial assessment of the ability of a person
 2399  to give express and informed consent to treatment is required
 2400  under this section, and a mobile crisis response service does
 2401  not respond to the request for an assessment within 2 hours
 2402  after the request is made or informs the requesting facility
 2403  that it will not be able to respond within 2 hours after the
 2404  request is made, the requesting facility may arrange for
 2405  assessment by any licensed professional authorized to initiate
 2406  an involuntary examination pursuant to s. 394.463 who is not
 2407  employed by or under contract with, and does not have a
 2408  financial interest in, either the facility initiating the
 2409  transfer or the receiving facility to which the transfer may be
 2410  made.
 2411         (d) A facility may not admit as a voluntary patient a
 2412  person who has been adjudicated incapacitated, unless the
 2413  condition of incapacity has been judicially removed. If a
 2414  facility admits as a voluntary patient a person who is later
 2415  determined to have been adjudicated incapacitated, and the
 2416  condition of incapacity had not been removed by the time of the
 2417  admission, the facility must either discharge the patient or
 2418  transfer the patient to involuntary status.
 2419         (e) The health care surrogate or proxy of an individual on
 2420  a voluntary status patient may not consent to the provision of
 2421  mental health treatment or substance abuse treatment for that
 2422  individual the patient. An individual on voluntary status A
 2423  voluntary patient who is unwilling or unable to provide express
 2424  and informed consent to mental health treatment must either be
 2425  discharged or transferred to involuntary status.
 2426         (f) Within 24 hours after admission of a voluntary patient,
 2427  the admitting physician shall document in the patient’s clinical
 2428  record that the patient is able to give express and informed
 2429  consent for admission. If the patient is not able to give
 2430  express and informed consent for admission, the facility shall
 2431  either discharge the patient or transfer the patient to
 2432  involuntary status pursuant to subsection (5).
 2433         (2) RELEASE OR DISCHARGE OF VOLUNTARY PATIENTS.—
 2434         (a) A facility shall discharge a voluntary patient:
 2435         1. Who has sufficiently improved so that retention in the
 2436  facility is no longer desirable. A patient may also be
 2437  discharged to the care of a community facility.
 2438         2. Who revokes consent to admission or requests discharge.
 2439  A voluntary patient or a relative, friend, or attorney of the
 2440  patient may request discharge either orally or in writing at any
 2441  time following admission to the facility. The patient must be
 2442  discharged within 24 hours of the request, unless the request is
 2443  rescinded or the patient is transferred to involuntary status
 2444  pursuant to this section. The 24-hour time period may be
 2445  extended by a treatment facility when necessary for adequate
 2446  discharge planning, but shall not exceed 3 days exclusive of
 2447  weekends and holidays. If the patient, or another on the
 2448  patient’s behalf, makes an oral request for discharge to a staff
 2449  member, such request shall be immediately entered in the
 2450  patient’s clinical record. If the request for discharge is made
 2451  by a person other than the patient, the discharge may be
 2452  conditioned upon the express and informed consent of the
 2453  patient.
 2454         (b) A voluntary patient who has been admitted to a facility
 2455  and who refuses to consent to or revokes consent to treatment
 2456  shall be discharged within 24 hours after such refusal or
 2457  revocation, unless transferred to involuntary status pursuant to
 2458  this section or unless the refusal or revocation is freely and
 2459  voluntarily rescinded by the patient.
 2460         (c) An individual on voluntary status who is currently
 2461  charged with a crime shall be returned to the custody of a law
 2462  enforcement officer upon release or discharge from a facility,
 2463  unless the individual has been released from law enforcement
 2464  custody by posting of a bond, by a pretrial conditional release,
 2465  or by other judicial release.
 2466         (4) TRANSFER TO VOLUNTARY STATUS.—An individual on
 2467  involuntary status patient who has been assessed and certified
 2468  by a physician or psychologist as competent to provide express
 2469  and informed consent and who applies to be transferred to
 2470  voluntary status shall be transferred to voluntary status
 2471  immediately, unless the individual patient has been charged with
 2472  a crime, or has been involuntarily placed for treatment by a
 2473  court pursuant to s. 394.467 and continues to meet the criteria
 2474  for involuntary placement. When transfer to voluntary status
 2475  occurs, notice shall be given as provided in s. 394.4599.
 2476         (5) TRANSFER TO INVOLUNTARY STATUS.—If an individual on
 2477  When a voluntary status patient, or an authorized person on the
 2478  individual’s patient’s behalf, makes a request for discharge,
 2479  the request for discharge, unless freely and voluntarily
 2480  rescinded, must be communicated to a physician, clinical
 2481  psychologist, or psychiatrist as quickly as possible within, but
 2482  not later than 12 hours after the request is made. If the
 2483  individual patient meets the criteria for involuntary placement,
 2484  the individual must be transferred to a designated receiving
 2485  facility and the administrator of the receiving facility where
 2486  the individual is held must file with the court a petition for
 2487  involuntary placement, within 2 court working days after the
 2488  request for discharge is made. If the petition is not filed
 2489  within 2 court working days, the individual must patient shall
 2490  be discharged. Pending the filing of the petition, the
 2491  individual patient may be held and emergency mental health
 2492  treatment rendered in the least restrictive manner, upon the
 2493  written order of a physician, if it is determined that such
 2494  treatment is necessary for the safety of the individual patient
 2495  or others.
 2496         Section 18. Effective July 1, 2016, section 394.463,
 2497  Florida Statutes, is amended to read:
 2498         394.463 Involuntary examination.—
 2499         (1) CRITERIA.—A person may be subject to an taken to a
 2500  receiving facility for involuntary examination if there is
 2501  reason to believe that he or she the person has a mental illness
 2502  or substance abuse impairment and because of this his or her
 2503  mental illness or substance abuse impairment:
 2504         (a)1. The person has refused voluntary examination after
 2505  conscientious explanation and disclosure of the purpose of the
 2506  examination; or
 2507         2. The person is unable to determine for himself or herself
 2508  whether examination is necessary; and
 2509         (b)1. Without care or treatment, the person is likely to
 2510  suffer from neglect or refuse to care for himself or herself;
 2511  such neglect or refusal poses a real and present threat of
 2512  substantial harm to his or her well-being; and it is not
 2513  apparent that such harm may be avoided through the help of
 2514  willing family members or friends or the provision of other
 2515  services; or
 2516         2. There is a substantial likelihood that without care or
 2517  treatment the person will cause serious bodily harm to himself
 2518  or herself or others in the near future, as evidenced by recent
 2519  behavior.
 2520         (2) INVOLUNTARY EXAMINATION.—
 2521         (a) An involuntary examination may be initiated by any one
 2522  of the following means:
 2523         1. A court may enter an ex parte order stating that an
 2524  individual a person appears to meet the criteria for involuntary
 2525  examination, giving the findings on which that conclusion is
 2526  based. The ex parte order for involuntary examination must be
 2527  based on sworn testimony, written or oral, which includes
 2528  specific facts that support the finding that the criteria have
 2529  been met. Any behavior relied on for the issuance of an ex parte
 2530  order must have occurred within the preceding 7 calendar days.
 2531  The order must specify whether the individual must be taken to a
 2532  mental health facility, detoxification facility, or addictions
 2533  receiving facility. If other less restrictive means are not
 2534  available, such as voluntary appearance for outpatient
 2535  evaluation, A law enforcement officer, or other designated agent
 2536  of the court, shall take the individual person into custody and
 2537  deliver him or her to the nearest receiving facility of the type
 2538  specified in the order for involuntary examination. However, if
 2539  the county in which the individual is taken into custody has a
 2540  transportation exception plan specifying a central receiving
 2541  facility, the law enforcement officer shall transport the
 2542  individual to the central receiving facility pursuant to the
 2543  plan. The order of the court order must shall be made a part of
 2544  the patient’s clinical record. A No fee may not shall be charged
 2545  for the filing of an order under this subsection. Any receiving
 2546  facility accepting the individual patient based on the court’s
 2547  this order must send a copy of the order to the Agency for
 2548  Health Care Administration on the next working day. The order is
 2549  shall be valid only until executed or, if not executed, for the
 2550  period specified in the order itself. If no time limit is
 2551  specified in the order, the order is shall be valid for 7 days
 2552  after the date it that the order was signed.
 2553         2. A law enforcement officer shall take a person who
 2554  appears to meet the criteria for involuntary examination into
 2555  custody and deliver the person or have him or her delivered to
 2556  the nearest mental health receiving facility, addictions
 2557  receiving facility, or detoxification facility, whichever the
 2558  officer determines is most appropriate for examination. However,
 2559  if the county in which the individual taken into custody has a
 2560  transportation exception plan specifying a central receiving
 2561  facility, the law enforcement officer shall transport the
 2562  individual to the central receiving facility pursuant to the
 2563  plan. The officer shall complete execute a written report
 2564  detailing the circumstances under which the individual person
 2565  was taken into custody., and The report shall be made a part of
 2566  the patient’s clinical record. Any receiving facility or
 2567  detoxification facility accepting the individual patient based
 2568  on the this report must send a copy of the report to the Agency
 2569  for Health Care Administration on the next working day.
 2570         3. A physician, clinical psychologist, psychiatric nurse,
 2571  mental health counselor, marriage and family therapist, or
 2572  clinical social worker may execute a certificate stating that he
 2573  or she has examined the individual a person within the preceding
 2574  48 hours and finds that the individual person appears to meet
 2575  the criteria for involuntary examination and stating the
 2576  observations upon which that conclusion is based. The
 2577  certificate must specify whether the individual is to be taken
 2578  to a mental health receiving facility, an addictions receiving
 2579  facility, or a detoxification facility, and must include
 2580  specific facts supporting the conclusion that the individual
 2581  would benefit from services provided by the type of facility
 2582  specified. If other less restrictive means are not available,
 2583  such as voluntary appearance for outpatient evaluation, A law
 2584  enforcement officer shall take the individual person named in
 2585  the certificate into custody and deliver him or her to the
 2586  nearest receiving facility of the type specified in the
 2587  certificate for involuntary examination. However, if the county
 2588  in which the individual is taken into custody has a
 2589  transportation exception plan specifying a central receiving
 2590  facility, the law enforcement officer shall transport the
 2591  individual to the central receiving facility pursuant to the
 2592  plan. A law enforcement officer may only take an individual into
 2593  custody on the basis of a certificate within 7 calendar days
 2594  after execution of the certificate. The law enforcement officer
 2595  shall complete execute a written report detailing the
 2596  circumstances under which the individual person was taken into
 2597  custody. The report and certificate shall be made a part of the
 2598  patient’s clinical record. Any receiving facility accepting the
 2599  individual patient based on the this certificate must send a
 2600  copy of the certificate to the Agency for Health Care
 2601  Administration on the next working day.
 2602         (b) An individual may A person shall not be removed from a
 2603  any program or residential placement licensed under chapter 400
 2604  or chapter 429 and transported to a receiving facility for
 2605  involuntary examination unless an ex parte order, a professional
 2606  certificate, or a law enforcement officer’s report is first
 2607  prepared. If the condition of the individual person is such that
 2608  preparation of a law enforcement officer’s report is not
 2609  practicable before removal, the report must shall be completed
 2610  as soon as possible after removal, but in any case before the
 2611  individual person is transported to a receiving facility. A
 2612  receiving facility admitting an individual a person for
 2613  involuntary examination who is not accompanied by the required
 2614  ex parte order, professional certificate, or law enforcement
 2615  officer’s report must shall notify the Agency for Health Care
 2616  Administration of such admission by certified mail by no later
 2617  than the next working day. The provisions of this paragraph do
 2618  not apply when transportation is provided by the patient’s
 2619  family or guardian.
 2620         (c) A law enforcement officer acting in accordance with an
 2621  ex parte order issued pursuant to this subsection may serve and
 2622  execute such order on any day of the week, at any time of the
 2623  day or night.
 2624         (d) A law enforcement officer acting in accordance with an
 2625  ex parte order issued pursuant to this subsection may use such
 2626  reasonable physical force as is necessary to gain entry to the
 2627  premises, and any dwellings, buildings, or other structures
 2628  located on the premises, and to take custody of the person who
 2629  is the subject of the ex parte order.
 2630         (e) Petitions and The Agency for Health Care Administration
 2631  shall receive and maintain the copies of ex parte orders,
 2632  involuntary outpatient placement orders, involuntary outpatient
 2633  placement petitions and orders issued pursuant to s. 394.4655,
 2634  involuntary inpatient placement petitions and orders issued
 2635  pursuant to s. 394.467, professional certificates, and law
 2636  enforcement officers’ reports are. These documents shall be
 2637  considered part of the clinical record, governed by the
 2638  provisions of s. 394.4615. The agency shall prepare annual
 2639  reports analyzing the data obtained from these documents,
 2640  without information identifying individuals held for examination
 2641  or admitted for mental health and substance abuse treatment
 2642  patients, and shall provide copies of reports to the department,
 2643  the President of the Senate, the Speaker of the House of
 2644  Representatives, and the minority leaders of the Senate and the
 2645  House of Representatives.
 2646         (f) An individual held for examination A patient shall be
 2647  examined by a physician, a or clinical psychologist, or a
 2648  psychiatric nurse performing within the framework of an
 2649  established protocol with a psychiatrist at a receiving facility
 2650  without unnecessary delay and may, upon the order of a
 2651  physician, be given emergency mental health or substance abuse
 2652  treatment if it is determined that such treatment is necessary
 2653  for the safety of the individual patient or others. The patient
 2654  may not be released by the receiving facility or its contractor
 2655  without the documented approval of a psychiatrist, a clinical
 2656  psychologist, or, if the receiving facility is a hospital, the
 2657  release may also be approved by an attending emergency
 2658  department physician with experience in the diagnosis and
 2659  treatment of mental and nervous disorders and after completion
 2660  of an involuntary examination pursuant to this subsection.
 2661  However, a patient may not be held in a receiving facility for
 2662  involuntary examination longer than 72 hours.
 2663         (g) An individual may not be held for involuntary
 2664  examination for more than 72 hours from the time of the
 2665  individual’s arrival at the facility, except that this period
 2666  may be extended by 48 hours if a physician documents in the
 2667  clinical record that the individual has ongoing symptoms of
 2668  substance intoxication or substance withdrawal and the
 2669  individual would likely experience significant clinical benefit
 2670  from detoxification services. This determination must be made
 2671  based on a face-to-face examination conducted by the physician
 2672  no less than 48 hours and not more than 72 hours after the
 2673  individual’s arrival at the facility. Based on the individual’s
 2674  needs, one of the following actions must be taken within the
 2675  involuntary examination period:
 2676         1. The individual shall be released with the approval of a
 2677  psychiatrist or clinical psychologist. However, if the
 2678  examination is conducted in a receiving facility that is owned
 2679  or operated by a hospital or health system, an emergency
 2680  department physician or a psychiatric nurse performing within
 2681  the framework of an established protocol with a psychiatrist may
 2682  approve the release. A psychiatric nurse may not approve the
 2683  release of a patient when the involuntary examination has been
 2684  initiated by a psychiatrist, unless the release is approved by
 2685  the initiating psychiatrist.
 2686         2. The individual shall be asked to provide express and
 2687  informed consent for voluntary admission if a physician or
 2688  psychologist has determined that the individual is competent to
 2689  consent to treatment; or
 2690         3. A petition for involuntary placement shall be completed
 2691  and filed in the circuit court by the receiving facility
 2692  administrator if involuntary outpatient or inpatient placement
 2693  is deemed necessary. If the 72-hour period ends on a weekend or
 2694  legal holiday, the petition must be filed by the next working
 2695  day. If inpatient placement is deemed necessary, the least
 2696  restrictive treatment consistent with the optimum improvement of
 2697  the individual’s condition must be made available.
 2698         (h) An individual released from a receiving or treatment
 2699  facility on a voluntary or involuntary basis who is currently
 2700  charged with a crime shall be returned to the custody of law
 2701  enforcement, unless the individual has been released from law
 2702  enforcement custody by posting of a bond, by a pretrial
 2703  conditional release, or by other judicial release.
 2704         (i)If an individual A person for whom an involuntary
 2705  examination has been initiated who is being evaluated or treated
 2706  at a hospital for an emergency medical condition specified in s.
 2707  395.002 the involuntary examination period must be examined by a
 2708  receiving facility within 72 hours. The 72-hour period begins
 2709  when the individual patient arrives at the hospital and ceases
 2710  when a the attending physician documents that the individual
 2711  patient has an emergency medical condition. The 72-hour period
 2712  resumes when the physician documents that the emergency medical
 2713  condition has stabilized or does not exist. If the patient is
 2714  examined at a hospital providing emergency medical services by a
 2715  professional qualified to perform an involuntary examination and
 2716  is found as a result of that examination not to meet the
 2717  criteria for involuntary outpatient placement pursuant to s.
 2718  394.4655(1) or involuntary inpatient placement pursuant to s.
 2719  394.467(1), the patient may be offered voluntary placement, if
 2720  appropriate, or released directly from the hospital providing
 2721  emergency medical services. The finding by the professional that
 2722  the patient has been examined and does not meet the criteria for
 2723  involuntary inpatient placement or involuntary outpatient
 2724  placement must be entered into the patient’s clinical record.
 2725  Nothing in this paragraph is intended to prevent A hospital
 2726  providing emergency medical services may transfer an individual
 2727  from appropriately transferring a patient to another hospital
 2728  before prior to stabilization if, provided the requirements of
 2729  s. 395.1041(3)(c) are have been met. One of the following
 2730  actions must occur within 12 hours after a physician documents
 2731  that the individual’s emergency medical condition has stabilized
 2732  or does not exist:
 2733         (h) One of the following must occur within 12 hours after
 2734  the patient’s attending physician documents that the patient’s
 2735  medical condition has stabilized or that an emergency medical
 2736  condition does not exist:
 2737         1. The individual shall be examined by a physician,
 2738  psychiatric nurse, or psychologist and, if found not to meet the
 2739  criteria for involuntary examination under to this section,
 2740  shall be released directly from the hospital providing the
 2741  emergency medical services. The results of the examination,
 2742  including the final disposition, shall be entered into the
 2743  clinical record; or
 2744         2. The individual shall be transferred to a receiving
 2745  facility for examination if appropriate medical and mental
 2746  health treatment is available. However, the receiving facility
 2747  must be notified of the transfer within 2 hours after the
 2748  individual’s condition has been stabilized or after
 2749  determination that an emergency medical condition does not
 2750  exist. The patient must be examined by a designated receiving
 2751  facility and released; or
 2752         2. The patient must be transferred to a designated
 2753  receiving facility in which appropriate medical treatment is
 2754  available. However, the receiving facility must be notified of
 2755  the transfer within 2 hours after the patient’s condition has
 2756  been stabilized or after determination that an emergency medical
 2757  condition does not exist.
 2758         (i) Within the 72-hour examination period or, if the 72
 2759  hours ends on a weekend or holiday, no later than the next
 2760  working day thereafter, one of the following actions must be
 2761  taken, based on the individual needs of the patient:
 2762         1. The patient shall be released, unless he or she is
 2763  charged with a crime, in which case the patient shall be
 2764  returned to the custody of a law enforcement officer;
 2765         2. The patient shall be released, subject to the provisions
 2766  of subparagraph 1., for voluntary outpatient treatment;
 2767         3. The patient, unless he or she is charged with a crime,
 2768  shall be asked to give express and informed consent to placement
 2769  as a voluntary patient, and, if such consent is given, the
 2770  patient shall be admitted as a voluntary patient; or
 2771         4. A petition for involuntary placement shall be filed in
 2772  the circuit court when outpatient or inpatient treatment is
 2773  deemed necessary. When inpatient treatment is deemed necessary,
 2774  the least restrictive treatment consistent with the optimum
 2775  improvement of the patient’s condition shall be made available.
 2776  When a petition is to be filed for involuntary outpatient
 2777  placement, it shall be filed by one of the petitioners specified
 2778  in s. 394.4655(3)(a). A petition for involuntary inpatient
 2779  placement shall be filed by the facility administrator.
 2780         (3) NOTICE OF RELEASE.—Notice of the release shall be given
 2781  to the individual’s patient’s guardian, health care surrogate or
 2782  proxy, or representative, to any person who executed a
 2783  certificate admitting the individual patient to the receiving
 2784  facility, and to any court that which ordered the individual’s
 2785  examination patient’s evaluation.
 2786         Section 19. Effective July 1, 2016, section 394.4655,
 2787  Florida Statutes, is amended to read:
 2788         394.4655 Involuntary outpatient placement.—
 2789         (1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.—An
 2790  individual A person may be ordered to involuntary outpatient
 2791  placement upon a finding of the court that by clear and
 2792  convincing evidence that:
 2793         (a) The individual is an adult person is 18 years of age or
 2794  older;
 2795         (b) The individual person has a mental illness or substance
 2796  abuse impairment;
 2797         (c) The individual person is unlikely to survive safely in
 2798  the community without supervision, based on a clinical
 2799  determination;
 2800         (d) The individual person has a history of lack of
 2801  compliance with treatment for mental illness or substance abuse
 2802  impairment;
 2803         (e) The individual person has:
 2804         1. Within At least twice within the immediately preceding
 2805  36 months, been involuntarily admitted to a receiving or
 2806  treatment facility as defined in s. 394.455, or has received
 2807  mental health or substance abuse services in a forensic or
 2808  correctional facility. The 36-month period does not include any
 2809  period during which the individual person was admitted or
 2810  incarcerated; or
 2811         2. Engaged in one or more acts of serious violent behavior
 2812  toward self or others, or attempts at serious bodily harm to
 2813  himself or herself or others, within the preceding 36 months;
 2814         (f) Due to The person is, as a result of his or her mental
 2815  illness or substance abuse impairment, the individual is,
 2816  unlikely to voluntarily participate in the recommended treatment
 2817  plan and either he or she has refused voluntary placement for
 2818  treatment after sufficient and conscientious explanation and
 2819  disclosure of the purpose of placement for treatment or he or
 2820  she is unable to determine for himself or herself whether
 2821  placement is necessary;
 2822         (g) In view of the individual’s person’s treatment history
 2823  and current behavior, the individual person is in need of
 2824  involuntary outpatient placement in order to prevent a relapse
 2825  or deterioration that would be likely to result in serious
 2826  bodily harm to self himself or herself or others, or a
 2827  substantial harm to his or her well-being as set forth in s.
 2828  394.463(1);
 2829         (h) It is likely that the individual person will benefit
 2830  from involuntary outpatient placement; and
 2831         (i) All available, less restrictive alternatives that would
 2832  offer an opportunity for improvement of his or her condition
 2833  have been judged to be inappropriate or unavailable.
 2834         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
 2835         (a)1.An individual A patient who is being recommended for
 2836  involuntary outpatient placement by the administrator of the
 2837  receiving facility where he or she the patient has been examined
 2838  may be retained by the facility after adherence to the notice
 2839  procedures provided in s. 394.4599.
 2840         1. The recommendation must be supported by the opinion of a
 2841  psychiatrist and the second opinion of a clinical psychologist
 2842  or another psychiatrist, both of whom have personally examined
 2843  the individual patient within the preceding 72 hours, that the
 2844  criteria for involuntary outpatient placement are met. However,
 2845  in a county having a population of fewer than 50,000, if the
 2846  administrator certifies that a psychiatrist or clinical
 2847  psychologist is not available to provide the second opinion, the
 2848  second opinion may be provided by a licensed physician who has
 2849  postgraduate training and experience in diagnosis and treatment
 2850  of mental and nervous disorders or by a psychiatric nurse. Any
 2851  second opinion authorized in this subparagraph may be conducted
 2852  through a face-to-face examination, in person or by electronic
 2853  means. Such recommendation must be entered on an involuntary
 2854  outpatient placement certificate that authorizes the receiving
 2855  facility to retain the individual patient pending completion of
 2856  a hearing. The certificate shall be made a part of the patient’s
 2857  clinical record.
 2858         2. If the individual patient has been stabilized and no
 2859  longer meets the criteria for involuntary examination pursuant
 2860  to s. 394.463(1), he or she the patient must be released from
 2861  the receiving facility while awaiting the hearing for
 2862  involuntary outpatient placement.
 2863         3. Before filing a petition for involuntary outpatient
 2864  treatment, the administrator of the a receiving facility or a
 2865  designated department representative must identify the service
 2866  provider that will have primary responsibility for service
 2867  provision under an order for involuntary outpatient placement,
 2868  unless the individual person is otherwise participating in
 2869  outpatient psychiatric treatment and is not in need of public
 2870  financing for that treatment, in which case the individual, if
 2871  eligible, may be ordered to involuntary treatment pursuant to
 2872  the existing psychiatric treatment relationship.
 2873         4.3. The service provider shall prepare a written proposed
 2874  treatment plan in consultation with the individual being held
 2875  patient or his or her the patient’s guardian advocate, if
 2876  appointed, for the court’s consideration for inclusion in the
 2877  involuntary outpatient placement order. The service provider
 2878  shall also provide a copy of the proposed treatment plan to the
 2879  individual patient and the administrator of the receiving
 2880  facility. The treatment plan must specify the nature and extent
 2881  of the individual’s patient’s mental illness or substance abuse
 2882  impairment, address the reduction of symptoms that necessitate
 2883  involuntary outpatient placement, and include measurable goals
 2884  and objectives for the services and treatment that are provided
 2885  to treat the individual’s person’s mental illness or substance
 2886  abuse impairment and assist the individual person in living and
 2887  functioning in the community or to prevent a relapse or
 2888  deterioration. Service providers may select and supervise other
 2889  providers individuals to implement specific aspects of the
 2890  treatment plan. The services in the treatment plan must be
 2891  deemed clinically appropriate by a physician, clinical
 2892  psychologist, psychiatric nurse, mental health counselor,
 2893  marriage and family therapist, or clinical social worker who
 2894  consults with, or is employed or contracted by, the service
 2895  provider. The service provider must certify to the court in the
 2896  proposed treatment plan whether sufficient services for
 2897  improvement and stabilization are currently available and
 2898  whether the service provider agrees to provide those services.
 2899  If the service provider certifies that the services in the
 2900  proposed treatment plan are not available, the petitioner may
 2901  not file the petition.
 2902         (b) If an individual a patient in involuntary inpatient
 2903  placement meets the criteria for involuntary outpatient
 2904  placement, the administrator of the treatment facility may,
 2905  before the expiration of the period during which the treatment
 2906  facility is authorized to retain the individual patient,
 2907  recommend involuntary outpatient placement.
 2908         1. The recommendation must be supported by the opinion of a
 2909  psychiatrist and the second opinion of a clinical psychologist
 2910  or another psychiatrist, both of whom have personally examined
 2911  the individual patient within the preceding 72 hours, that the
 2912  criteria for involuntary outpatient placement are met. However,
 2913  in a county having a population of fewer than 50,000, if the
 2914  administrator certifies that a psychiatrist or clinical
 2915  psychologist is not available to provide the second opinion, the
 2916  second opinion may be provided by a licensed physician who has
 2917  postgraduate training and experience in diagnosis and treatment
 2918  of mental and nervous disorders or by a psychiatric nurse. Any
 2919  second opinion authorized in this subparagraph may be conducted
 2920  through a face-to-face examination, in person or by electronic
 2921  means. Such recommendation must be entered on an involuntary
 2922  outpatient placement certificate, and the certificate must be
 2923  made a part of the individual’s patient’s clinical record.
 2924         2.(c)1. The administrator of the treatment facility shall
 2925  provide a copy of the involuntary outpatient placement
 2926  certificate and a copy of the state mental health discharge form
 2927  to a department representative in the county where the
 2928  individual patient will be residing. For persons who are leaving
 2929  a state mental health treatment facility, the petition for
 2930  involuntary outpatient placement must be filed in the county
 2931  where the patient will be residing.
 2932         3.2. The service provider that will have primary
 2933  responsibility for service provision shall be identified by the
 2934  designated department representative prior to the order for
 2935  involuntary outpatient placement and must, before prior to
 2936  filing a petition for involuntary outpatient placement, certify
 2937  to the court whether the services recommended in the
 2938  individual’s patient’s discharge plan are available in the local
 2939  community and whether the service provider agrees to provide
 2940  those services. The service provider must develop with the
 2941  individual patient, or the patient’s guardian advocate, if one
 2942  is appointed, a treatment or service plan that addresses the
 2943  needs identified in the discharge plan. The plan must be deemed
 2944  to be clinically appropriate by a physician, clinical
 2945  psychologist, psychiatric nurse, mental health counselor,
 2946  marriage and family therapist, or clinical social worker, as
 2947  defined in this chapter, who consults with, or is employed or
 2948  contracted by, the service provider.
 2949         3. If the service provider certifies that the services in
 2950  the proposed treatment or service plan are not available, the
 2951  petitioner may not file the petition.
 2952         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
 2953         (a) A petition for involuntary outpatient placement may be
 2954  filed by:
 2955         1. The administrator of a mental health receiving facility,
 2956  an addictions receiving facility, or a detoxification facility;
 2957  or
 2958         2. The administrator of a treatment facility.
 2959         (b) Each required criterion for involuntary outpatient
 2960  placement must be alleged and substantiated in the petition for
 2961  involuntary outpatient placement. A copy of the certificate
 2962  recommending involuntary outpatient placement completed by a
 2963  qualified professional specified in subsection (2) must be
 2964  attached to the petition. A copy of the proposed treatment plan
 2965  must be attached to the petition. Before the petition is filed,
 2966  the service provider shall certify that the services in the
 2967  proposed treatment plan are available. If the necessary services
 2968  are not available in the patient’s local community where the
 2969  individual will reside to respond to the person’s individual
 2970  needs, the petition may not be filed.
 2971         (c) A The petition for involuntary outpatient placement
 2972  must be filed in the county where the individual who is the
 2973  subject of the petition patient is located, unless the
 2974  individual patient is being placed from a state treatment
 2975  facility, in which case the petition must be filed in the county
 2976  where the individual patient will reside. When the petition is
 2977  has been filed, the clerk of the court shall provide copies of
 2978  the petition and the proposed treatment plan to the department,
 2979  the individual patient, the individual’s patient’s guardian,
 2980  guardian advocate, health care surrogate or proxy, or
 2981  representative, the state attorney, and the public defender or
 2982  the individual’s patient’s private counsel. A fee may not be
 2983  charged for filing a petition under this subsection.
 2984         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2985  after the filing of a petition for involuntary outpatient
 2986  placement, the court shall appoint the public defender to
 2987  represent the individual if the individual person who is the
 2988  subject of a mental illness the petition and the office of
 2989  criminal conflict and civil regional counsel to represent the
 2990  individual if the individual is the subject of a substance abuse
 2991  petition, unless the individual person is otherwise represented
 2992  by counsel. The clerk of the court shall immediately notify the
 2993  public defender or the office of criminal conflict and civil
 2994  regional counsel of the appointment. The public defender or the
 2995  office of criminal conflict and civil regional counsel shall
 2996  represent the individual person until the petition is dismissed,
 2997  the court order expires, or the individual patient is discharged
 2998  from involuntary outpatient placement. An attorney who
 2999  represents the individual patient shall have access to the
 3000  individual patient, witnesses, and records relevant to the
 3001  presentation of the individual’s patient’s case and shall
 3002  represent the interests of the individual patient, regardless of
 3003  the source of payment to the attorney. An attorney representing
 3004  an individual in proceedings under this part shall advocate the
 3005  individual’s expressed desires and must be present and actively
 3006  participate in all hearings on involuntary placement.
 3007         (5) CONTINUANCE OF HEARING.—The individual patient is
 3008  entitled, with the concurrence of the individual’s patient’s
 3009  counsel, to at least one continuance of the hearing. The
 3010  continuance shall be for a period of up to 4 weeks.
 3011         (6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
 3012         (a)1. The court shall hold the hearing on involuntary
 3013  outpatient placement within 5 court working days after the
 3014  filing of the petition, unless a continuance is granted. The
 3015  hearing shall be held in the county where the petition is filed,
 3016  shall be as convenient to the individual who is the subject of
 3017  the petition patient as is consistent with orderly procedure,
 3018  and shall be conducted in physical settings not likely to be
 3019  injurious to the individual’s patient’s condition. If the court
 3020  finds that the individual’s patient’s attendance at the hearing
 3021  is not consistent with the best interests of the individual
 3022  patient and if the individual’s patient’s counsel does not
 3023  object, the court may waive the presence of the individual
 3024  patient from all or any portion of the hearing. The state
 3025  attorney for the circuit in which the individual patient is
 3026  located shall represent the state, rather than the petitioner,
 3027  as the real party in interest in the proceeding. The state
 3028  attorney shall have access to the individual’s clinical record
 3029  and witnesses and shall independently evaluate the allegations
 3030  set forth in the petition for involuntary placement. If the
 3031  allegations are substantiated, the state attorney shall
 3032  prosecute the petition. If the allegations are not
 3033  substantiated, the state attorney shall withdraw the petition.
 3034         (b)2. The court may appoint a magistrate master to preside
 3035  at the hearing. One of the professionals who executed the
 3036  involuntary outpatient placement certificate shall be a witness.
 3037  The individual who is the subject of the petition patient and
 3038  his or her the patient’s guardian, guardian advocate, health
 3039  care surrogate or proxy, or representative shall be informed by
 3040  the court of the right to an independent expert examination. If
 3041  the individual patient cannot afford such an examination, the
 3042  court shall provide for one. The independent expert’s report is
 3043  shall be confidential and not discoverable, unless the expert is
 3044  to be called as a witness for the individual patient at the
 3045  hearing. The court shall allow testimony from persons
 3046  individuals, including family members, deemed by the court to be
 3047  relevant under state law, regarding the individual’s person’s
 3048  prior history and how that prior history relates to the
 3049  individual’s person’s current condition. The testimony in the
 3050  hearing must be given under oath, and the proceedings must be
 3051  recorded. The individual patient may refuse to testify at the
 3052  hearing.
 3053         (c) The court shall consider testimony and evidence
 3054  regarding the competence of the individual being held to consent
 3055  to treatment. If the court finds that the individual is
 3056  incompetent to consent, it shall appoint a guardian advocate as
 3057  provided in s. 394.4598.
 3058         (7) COURT ORDER.—
 3059         (a)(b)1. If the court concludes that the individual who is
 3060  the subject of the petition patient meets the criteria for
 3061  involuntary outpatient placement under pursuant to subsection
 3062  (1), the court shall issue an order for involuntary outpatient
 3063  placement. The court order may shall be for a period of up to 6
 3064  months. The order must specify the nature and extent of the
 3065  individual’s patient’s mental illness or substance abuse
 3066  impairment. The court order of the court and the treatment plan
 3067  must shall be made part of the individual’s patient’s clinical
 3068  record. The service provider shall discharge an individual a
 3069  patient from involuntary outpatient placement when the order
 3070  expires or any time the individual patient no longer meets the
 3071  criteria for involuntary placement. Upon discharge, the service
 3072  provider shall send a certificate of discharge to the court.
 3073         (b)2. The court may not order the department or the service
 3074  provider to provide services if the program or service is not
 3075  available in the patient’s local community of the individual
 3076  being served, if there is no space available in the program or
 3077  service for the individual patient, or if funding is not
 3078  available for the program or service. A copy of the order must
 3079  be sent to the Agency for Health Care Administration by the
 3080  service provider within 1 working day after it is received from
 3081  the court. After the placement order is issued, the service
 3082  provider and the individual patient may modify provisions of the
 3083  treatment plan. For any material modification of the treatment
 3084  plan to which the individual patient or the individual’s
 3085  patient’s guardian advocate, if appointed, does agree, the
 3086  service provider shall send notice of the modification to the
 3087  court. Any material modifications of the treatment plan which
 3088  are contested by the individual patient or the individual’s
 3089  patient’s guardian advocate, if appointed, must be approved or
 3090  disapproved by the court consistent with the requirements of
 3091  subsection (2).
 3092         (c)3. If, in the clinical judgment of a physician, the
 3093  individual being served patient has failed or has refused to
 3094  comply with the treatment ordered by the court, and, in the
 3095  clinical judgment of the physician, efforts were made to solicit
 3096  compliance and the individual patient may meet the criteria for
 3097  involuntary examination, the individual a person may be brought
 3098  to a receiving facility pursuant to s. 394.463 for involuntary
 3099  examination. If, after examination, the individual patient does
 3100  not meet the criteria for involuntary inpatient placement
 3101  pursuant to s. 394.467, the individual patient must be
 3102  discharged from the receiving facility. The involuntary
 3103  outpatient placement order remains shall remain in effect unless
 3104  the service provider determines that the individual patient no
 3105  longer meets the criteria for involuntary outpatient placement
 3106  or until the order expires. The service provider must determine
 3107  whether modifications should be made to the existing treatment
 3108  plan and must attempt to continue to engage the individual
 3109  patient in treatment. For any material modification of the
 3110  treatment plan to which the individual patient or the
 3111  individual’s patient’s guardian advocate, if appointed, agrees
 3112  does agree, the service provider shall send notice of the
 3113  modification to the court. Any material modifications of the
 3114  treatment plan which are contested by the individual patient or
 3115  the individual’s patient’s guardian advocate, if appointed, must
 3116  be approved or disapproved by the court consistent with the
 3117  requirements of subsection (2).
 3118         (d)(c) If, at any time before the conclusion of the initial
 3119  hearing on involuntary outpatient placement, it appears to the
 3120  court that the individual person does not meet the criteria for
 3121  involuntary outpatient placement under this section but,
 3122  instead, meets the criteria for involuntary inpatient placement,
 3123  the court may order the individual person admitted for
 3124  involuntary inpatient examination under s. 394.463. If the
 3125  person instead meets the criteria for involuntary assessment,
 3126  protective custody, or involuntary admission pursuant to s.
 3127  397.675, the court may order the person to be admitted for
 3128  involuntary assessment for a period of 5 days pursuant to s.
 3129  397.6811. Thereafter, all proceedings shall be governed by
 3130  chapter 397.
 3131         (d) At the hearing on involuntary outpatient placement, the
 3132  court shall consider testimony and evidence regarding the
 3133  patient’s competence to consent to treatment. If the court finds
 3134  that the patient is incompetent to consent to treatment, it
 3135  shall appoint a guardian advocate as provided in s. 394.4598.
 3136  The guardian advocate shall be appointed or discharged in
 3137  accordance with s. 394.4598.
 3138         (e) The administrator of the receiving facility, the
 3139  detoxification facility, or the designated department
 3140  representative shall provide a copy of the court order and
 3141  adequate documentation of an individual’s a patient’s mental
 3142  illness or substance abuse impairment to the service provider
 3143  for involuntary outpatient placement. Such documentation must
 3144  include any advance directives made by the individual patient, a
 3145  psychiatric evaluation of the individual patient, and any
 3146  evaluations of the individual patient performed by a clinical
 3147  psychologist or a clinical social worker.
 3148         (8)(7)PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 3149  PLACEMENT.—
 3150         (a)1. If the individual person continues to meet the
 3151  criteria for involuntary outpatient placement, the service
 3152  provider shall, before the expiration of the period during which
 3153  the placement treatment is ordered for the person, file in the
 3154  circuit court a petition for continued involuntary outpatient
 3155  placement.
 3156         1.2. The existing involuntary outpatient placement order
 3157  remains in effect until disposition of on the petition for
 3158  continued involuntary outpatient placement.
 3159         2.3. A certificate must shall be attached to the petition
 3160  which includes a statement from the individual’s person’s
 3161  physician or clinical psychologist justifying the request, a
 3162  brief description of the individual’s patient’s treatment during
 3163  the time he or she was involuntarily placed, and a personalized
 3164  an individualized plan of continued treatment.
 3165         3.4. The service provider shall develop the individualized
 3166  plan of continued treatment in consultation with the individual
 3167  patient or his or her the patient’s guardian advocate, if
 3168  appointed. When the petition has been filed, the clerk of the
 3169  court shall provide copies of the certificate and the
 3170  individualized plan of continued treatment to the department,
 3171  the individual patient, the individual’s patient’s guardian
 3172  advocate, the state attorney, and the individual’s patient’s
 3173  private counsel, or the public defender, or the office of
 3174  criminal conflict and civil regional counsel.
 3175         (b) Within 1 court working day after the filing of a
 3176  petition for continued involuntary outpatient placement, the
 3177  court shall appoint the public defender to represent the
 3178  individual if the individual person who is the subject of a the
 3179  mental illness petition and the office of criminal conflict and
 3180  civil regional counsel to represent the individual if the
 3181  individual is the subject of a substance abuse petition, unless
 3182  the individual person is otherwise represented by counsel. The
 3183  clerk of the court shall immediately notify the public defender
 3184  or the office of criminal conflict and civil regional counsel of
 3185  the such appointment. The public defender or the office of
 3186  criminal conflict and civil regional counsel shall represent the
 3187  individual person until the petition is dismissed, or the court
 3188  order expires, or the individual patient is discharged from
 3189  involuntary outpatient placement. Any attorney representing the
 3190  individual patient shall have access to the individual patient,
 3191  witnesses, and records relevant to the presentation of the
 3192  individual’s patient’s case and shall represent the interests of
 3193  the individual patient, regardless of the source of payment to
 3194  the attorney.
 3195         (c) The court shall inform the individual who is the
 3196  subject of the petition and his or her guardian, guardian
 3197  advocate, health care surrogate or proxy, or representative of
 3198  the individual’s right to an independent expert examination. If
 3199  the individual cannot afford such an examination, the court
 3200  shall provide one.
 3201         (d)(c) Hearings on petitions for continued involuntary
 3202  outpatient placement are shall be before the circuit court. The
 3203  court may appoint a magistrate master to preside at the hearing.
 3204  The procedures for obtaining an order pursuant to this paragraph
 3205  must shall be in accordance with subsection (6), except that the
 3206  time period included in paragraph (1)(e) is not applicable in
 3207  determining the appropriateness of additional periods of
 3208  involuntary outpatient placement.
 3209         (e)(d) Notice of the hearing shall be provided in
 3210  accordance with as set forth in s. 394.4599. The individual
 3211  being served patient and the individual’s patient’s attorney may
 3212  agree to a period of continued outpatient placement without a
 3213  court hearing.
 3214         (f)(e) The same procedure shall be repeated before the
 3215  expiration of each additional period the individual being served
 3216  patient is placed in treatment.
 3217         (g)(f) If the individual in involuntary outpatient
 3218  placement patient has previously been found incompetent to
 3219  consent to treatment, the court shall consider testimony and
 3220  evidence regarding the individual’s patient’s competence.
 3221  Section 394.4598 governs the discharge of the guardian advocate
 3222  if the individual’s patient’s competency to consent to treatment
 3223  has been restored.
 3224         Section 20. Effective on July 1, 2016, section 394.467,
 3225  Florida Statutes, is amended to read:
 3226         394.467 Involuntary inpatient placement.—
 3227         (1) CRITERIA.—An individual A person may be placed in
 3228  involuntary inpatient placement for treatment upon a finding of
 3229  the court by clear and convincing evidence that:
 3230         (a) He or she has a mental illness or substance abuse
 3231  impairment is mentally ill and because of his or her mental
 3232  illness or substance abuse impairment:
 3233         1.a. He or she has refused voluntary placement for
 3234  treatment after sufficient and conscientious explanation and
 3235  disclosure of the purpose of placement for treatment; or
 3236         b. He or she is unable to determine for himself or herself
 3237  whether placement is necessary; and
 3238         2.a. He or she is manifestly incapable of surviving alone
 3239  or with the help of willing and responsible family or friends,
 3240  including available alternative services, and, without
 3241  treatment, is likely to suffer from neglect or refuse to care
 3242  for himself or herself, and such neglect or refusal poses a real
 3243  and present threat of substantial harm to his or her well-being;
 3244  or
 3245         b. There is substantial likelihood that in the near future
 3246  he or she will inflict serious bodily harm on self or others
 3247  himself or herself or another person, as evidenced by recent
 3248  behavior causing, attempting, or threatening such harm; and
 3249         (b) All available less restrictive treatment alternatives
 3250  that which would offer an opportunity for improvement of his or
 3251  her condition have been judged to be inappropriate.
 3252         (2) ADMISSION TO A TREATMENT FACILITY.—An individual A
 3253  patient may be retained by a mental health receiving facility,
 3254  an addictions receiving facility, or a detoxification facility,
 3255  or involuntarily placed in a treatment facility upon the
 3256  recommendation of the administrator of the receiving facility
 3257  where the individual patient has been examined and after
 3258  adherence to the notice and hearing procedures provided in s.
 3259  394.4599. The recommendation must be supported by the opinion of
 3260  a psychiatrist and the second opinion of a clinical psychologist
 3261  or another psychiatrist, both of whom have personally examined
 3262  the individual patient within the preceding 72 hours, that the
 3263  criteria for involuntary inpatient placement are met. However,
 3264  in a county that has a population of fewer than 50,000, if the
 3265  administrator certifies that a psychiatrist or clinical
 3266  psychologist is not available to provide the second opinion, the
 3267  second opinion may be provided by a licensed physician who has
 3268  postgraduate training and experience in diagnosis and treatment
 3269  of mental and nervous disorders or by a psychiatric nurse. If
 3270  the petition seeks placement for treatment of substance abuse
 3271  impairment only and the individual is examined by an addictions
 3272  receiving facility or detoxification facility, the first opinion
 3273  may be provided by a physician, and the second opinion may be
 3274  provided by a qualified professional with respect to substance
 3275  abuse treatment. Any second opinion authorized in this
 3276  subsection may be conducted through a face-to-face examination,
 3277  in person or by electronic means. Such recommendation must shall
 3278  be entered on an involuntary inpatient placement certificate
 3279  that authorizes the receiving facility to retain the individual
 3280  being held patient pending transfer to a treatment facility or
 3281  completion of a hearing.
 3282         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The
 3283  administrator of the mental health facility, addictions
 3284  receiving facility, or detoxification facility shall file a
 3285  petition for involuntary inpatient placement in the court in the
 3286  county where the individual patient is located. Upon filing, the
 3287  clerk of the court shall provide copies to the department, the
 3288  individual patient, the individual’s patient’s guardian,
 3289  guardian advocate, health care surrogate or proxy, or
 3290  representative, and the state attorney and public defender or
 3291  office of criminal conflict and civil regional counsel of the
 3292  judicial circuit in which the individual patient is located. A
 3293  No fee may not shall be charged for the filing of a petition
 3294  under this subsection.
 3295         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 3296  after the filing of a petition for involuntary inpatient
 3297  placement, the court shall appoint the public defender to
 3298  represent the individual if the individual person who is the
 3299  subject of a mental illness the petition and the office of
 3300  criminal conflict and civil regional counsel to represent the
 3301  individual if the individual is the subject of a substance abuse
 3302  petition, unless the individual person is otherwise represented
 3303  by counsel. The clerk of the court shall immediately notify the
 3304  public defender or the office of criminal conflict and civil
 3305  regional counsel of the such appointment. Any attorney
 3306  representing the individual patient shall have access to the
 3307  individual patient, witnesses, and records relevant to the
 3308  presentation of the individual’s patient’s case and shall
 3309  represent the interests of the individual patient, regardless of
 3310  the source of payment to the attorney.
 3311         (a) An attorney representing an individual in proceedings
 3312  under this part shall advocate the individual’s expressed
 3313  desires and must be present and actively participate in all
 3314  hearings on involuntary placement.
 3315         (b) The state attorney for the judicial circuit in which
 3316  the individual is located shall represent the state rather than
 3317  the petitioning facility administrator as the real party in
 3318  interest in the proceeding. The state attorney shall have access
 3319  to the individual’s clinical record and witnesses and shall
 3320  independently evaluate the allegations set forth in the petition
 3321  for involuntary placement. If the allegations are substantiated,
 3322  the state attorney shall prosecute the petition. If the
 3323  allegations are not substantiated, the state attorney shall
 3324  withdraw the petition.
 3325         (5) CONTINUANCE OF HEARING.—The individual patient is
 3326  entitled, with the concurrence of the individual’s patient’s
 3327  counsel, to at least one continuance of the hearing. The
 3328  continuance shall be for a period of up to 4 weeks.
 3329         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 3330         (a)1. The court shall hold the hearing on involuntary
 3331  inpatient placement within 5 court working days after the
 3332  petition is filed, unless a continuance is granted.
 3333         1. The hearing shall be held in the county where the
 3334  individual patient is located and shall be as convenient to the
 3335  individual patient as may be consistent with orderly procedure
 3336  and shall be conducted in physical settings not likely to be
 3337  injurious to the individual’s patient’s condition. If the
 3338  individual wishes to waive his or her court finds that the
 3339  patient’s attendance at the hearing, the court must determine
 3340  that the attendance is knowingly, intelligently, and voluntarily
 3341  being waived and is not consistent with the best interests of
 3342  the patient, and the patient’s counsel does not object, the
 3343  court may waive the presence of the individual patient from all
 3344  or any portion of the hearing. The state attorney for the
 3345  circuit in which the patient is located shall represent the
 3346  state, rather than the petitioning facility administrator, as
 3347  the real party in interest in the proceeding.
 3348         2. The court may appoint a general or special magistrate to
 3349  preside at the hearing. One of the two professionals who
 3350  executed the involuntary inpatient placement certificate shall
 3351  be a witness. The individual patient and the individual’s
 3352  patient’s guardian, guardian advocate, health care surrogate or
 3353  proxy, or representative shall be informed by the court of the
 3354  right to an independent expert examination. If the individual
 3355  patient cannot afford such an examination, the court shall
 3356  provide for one. The independent expert’s report is shall be
 3357  confidential and not discoverable, unless the expert is to be
 3358  called as a witness for the individual patient at the hearing.
 3359  The testimony in the hearing must be given under oath, and the
 3360  proceedings must be recorded. The individual patient may refuse
 3361  to testify at the hearing.
 3362         3. The court shall allow testimony from persons, including
 3363  family members, deemed by the court to be relevant regarding the
 3364  individual’s prior history and how that prior history relates to
 3365  the individual’s current condition.
 3366         (b) If the court concludes that the individual patient
 3367  meets the criteria for involuntary inpatient placement, it shall
 3368  order that the individual patient be transferred to a treatment
 3369  facility or, if the individual patient is at a treatment
 3370  facility, that the individual patient be retained there or be
 3371  treated at any other appropriate mental health receiving
 3372  facility, addictions receiving facility, detoxification
 3373  facility, or treatment facility, or that the individual patient
 3374  receive services from such a facility a receiving or treatment
 3375  facility, on an involuntary basis, for up to 90 days a period of
 3376  up to 6 months. The order shall specify the nature and extent of
 3377  the individual’s patient’s mental illness or substance abuse
 3378  impairment. The court may not order an individual with traumatic
 3379  brain injury or dementia who lacks a co-occurring mental illness
 3380  to be involuntarily placed in a state treatment facility. The
 3381  facility shall discharge the individual at a patient any time
 3382  the individual patient no longer meets the criteria for
 3383  involuntary inpatient placement, unless the individual patient
 3384  has transferred to voluntary status.
 3385         (c) If at any time before prior to the conclusion of the
 3386  hearing on involuntary inpatient placement it appears to the
 3387  court that the individual person does not meet the criteria for
 3388  involuntary inpatient placement under this section, but instead
 3389  meets the criteria for involuntary outpatient placement, the
 3390  court may order the individual person evaluated for involuntary
 3391  outpatient placement pursuant to s. 394.4655, and. the petition
 3392  and hearing procedures set forth in s. 394.4655 shall apply. If
 3393  the person instead meets the criteria for involuntary
 3394  assessment, protective custody, or involuntary admission
 3395  pursuant to s. 397.675, then the court may order the person to
 3396  be admitted for involuntary assessment for a period of 5 days
 3397  pursuant to s. 397.6811. Thereafter, all proceedings shall be
 3398  governed by chapter 397.
 3399         (d) At the hearing on involuntary inpatient placement, the
 3400  court shall consider testimony and evidence regarding the
 3401  individual’s patient’s competence to consent to treatment. If
 3402  the court finds that the individual patient is incompetent to
 3403  consent to treatment, it shall appoint a guardian advocate as
 3404  provided in s. 394.4598.
 3405         (e) The administrator of the petitioning receiving facility
 3406  shall provide a copy of the court order and adequate
 3407  documentation of the individual’s a patient’s mental illness or
 3408  substance abuse impairment to the administrator of a treatment
 3409  facility if the individual whenever a patient is ordered for
 3410  involuntary inpatient placement, whether by civil or criminal
 3411  court. The documentation must shall include any advance
 3412  directives made by the individual patient, a psychiatric
 3413  evaluation of the individual patient, and any evaluations of the
 3414  individual patient performed by a clinical psychologist, a
 3415  marriage and family therapist, a mental health counselor, a
 3416  substance abuse qualified professional or a clinical social
 3417  worker. The administrator of a treatment facility may refuse
 3418  admission to an individual any patient directed to its
 3419  facilities on an involuntary basis, whether by civil or criminal
 3420  court order, who is not accompanied at the same time by adequate
 3421  orders and documentation.
 3422         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
 3423  PLACEMENT.—
 3424         (a) Hearings on petitions for continued involuntary
 3425  inpatient placement shall be administrative hearings and shall
 3426  be conducted in accordance with the provisions of s. 120.57(1),
 3427  except that an any order entered by an the administrative law
 3428  judge is shall be final and subject to judicial review in
 3429  accordance with s. 120.68. Orders concerning an individual
 3430  patients committed after successfully pleading not guilty by
 3431  reason of insanity are shall be governed by the provisions of s.
 3432  916.15.
 3433         (b) If the individual patient continues to meet the
 3434  criteria for involuntary inpatient placement, the administrator
 3435  shall, before prior to the expiration of the period during which
 3436  the treatment facility is authorized to retain the individual
 3437  patient, file a petition requesting authorization for continued
 3438  involuntary inpatient placement. The request must shall be
 3439  accompanied by a statement from the individual’s patient’s
 3440  physician or clinical psychologist justifying the request, a
 3441  brief description of the individual’s patient’s treatment during
 3442  the time he or she was involuntarily placed, and a personalized
 3443  an individualized plan of continued treatment. Notice of the
 3444  hearing must shall be provided as set forth in s. 394.4599. If
 3445  at the hearing the administrative law judge finds that
 3446  attendance at the hearing is not consistent with the
 3447  individual’s best interests of the patient, the administrative
 3448  law judge may waive the presence of the individual patient from
 3449  all or any portion of the hearing, unless the individual
 3450  patient, through counsel, objects to the waiver of presence. The
 3451  testimony in the hearing must be under oath, and the proceedings
 3452  must be recorded.
 3453         (c) Unless the individual patient is otherwise represented
 3454  or is ineligible, he or she shall be represented at the hearing
 3455  on the petition for continued involuntary inpatient placement by
 3456  the public defender of the circuit in which the facility is
 3457  located.
 3458         (d) The Division of Administrative Hearings shall inform
 3459  the individual and his or her guardian, guardian advocate,
 3460  health care surrogate or proxy, or representative of the right
 3461  to an independent expert examination. If the individual cannot
 3462  afford such an examination, the court shall provide one.
 3463         (e)(d) If at a hearing it is shown that the individual
 3464  patient continues to meet the criteria for involuntary inpatient
 3465  placement, the administrative law judge shall sign the order for
 3466  continued involuntary inpatient placement for a period of up to
 3467  90 days not to exceed 6 months. The same procedure must shall be
 3468  repeated prior to the expiration of each additional period the
 3469  individual patient is retained.
 3470         (f)(e) If continued involuntary inpatient placement is
 3471  necessary for an individual a patient admitted while serving a
 3472  criminal sentence, but whose sentence is about to expire, or for
 3473  a minor patient involuntarily placed while a minor but who is
 3474  about to reach the age of 18, the administrator shall petition
 3475  the administrative law judge for an order authorizing continued
 3476  involuntary inpatient placement.
 3477         (g)(f) If the individual previously patient has been
 3478  previously found incompetent to consent to treatment, the
 3479  administrative law judge shall consider testimony and evidence
 3480  regarding the individual’s patient’s competence. If the
 3481  administrative law judge finds evidence that the individual
 3482  patient is now competent to consent to treatment, the
 3483  administrative law judge may issue a recommended order to the
 3484  court that found the individual patient incompetent to consent
 3485  to treatment that the individual’s patient’s competence be
 3486  restored and that any guardian advocate previously appointed be
 3487  discharged.
 3488         (8) RETURN TO FACILITY OF PATIENTS.—If an individual held
 3489  When a patient at a treatment facility involuntarily under this
 3490  part leaves the facility without the administrator’s
 3491  authorization, the administrator may authorize a search for, the
 3492  patient and the return of, the individual patient to the
 3493  facility. The administrator may request the assistance of a law
 3494  enforcement agency in the search for and return of the patient.
 3495         Section 21. Effective July 1, 2016, section 394.4672,
 3496  Florida Statutes, is amended to read:
 3497         394.4672 Procedure for placement of veteran with federal
 3498  agency.—
 3499         (1) A facility owned, operated, or administered by the
 3500  United States Department of Veterans Affairs which provides
 3501  mental health services has authority as granted by the
 3502  Department of Veterans’ Affairs to:
 3503         (a) Initiate and conduct involuntary examinations pursuant
 3504  to s. 394.463.
 3505         (b) Provide voluntary treatment pursuant to s. 394.4625.
 3506         (c) Petition for involuntary inpatient placement pursuant
 3507  to s. 394.467.
 3508         (d) Provide involuntary inpatient placement pursuant to
 3509  this part.
 3510         (2)(1)If a Whenever it is determined by the court
 3511  determines that an individual a person meets the criteria for
 3512  involuntary placement and he or she it appears that such person
 3513  is eligible for care or treatment by the United States
 3514  Department of Veterans Affairs or another other agency of the
 3515  United States Government, the court, upon receipt of a
 3516  certificate from the United States Department of Veterans
 3517  Affairs or such other agency showing that facilities are
 3518  available and that the individual person is eligible for care or
 3519  treatment therein, may place that individual person with the
 3520  United States Department of Veterans Affairs or other federal
 3521  agency. The individual person whose placement is sought shall be
 3522  personally served with notice of the pending placement
 3523  proceeding in the manner as provided in this part., and nothing
 3524  in This section does not shall affect the individual’s his or
 3525  her right to appear and be heard in the proceeding. Upon
 3526  placement, the individual is person shall be subject to the
 3527  rules and regulations of the United States Department of
 3528  Veterans Affairs or other federal agency.
 3529         (3)(2) The judgment or order of placement issued by a court
 3530  of competent jurisdiction of another state or of the District of
 3531  Columbia which places an individual, placing a person with the
 3532  United States Department of Veterans Affairs or other federal
 3533  agency for care or treatment has, shall have the same force and
 3534  effect in this state as in the jurisdiction of the court
 3535  entering the judgment or making the order.; and The courts of
 3536  the placing state or of the District of Columbia shall retain be
 3537  deemed to have retained jurisdiction of the individual person so
 3538  placed. Consent is hereby given to the application of the law of
 3539  the placing state or district with respect to the authority of
 3540  the chief officer of any facility of the United States
 3541  Department of Veterans Affairs or other federal agency operated
 3542  in this state to retain custody or to transfer, parole, or
 3543  discharge the individual person.
 3544         (4)(3) Upon receipt of a certificate of the United States
 3545  Department of Veterans Affairs or another such other federal
 3546  agency that facilities are available for the care or treatment
 3547  of individuals who have mental illness or substance abuse
 3548  impairment mentally ill persons and that an individual the
 3549  person is eligible for that care or treatment, the administrator
 3550  of the receiving or treatment facility may cause the transfer of
 3551  that individual person to the United States Department of
 3552  Veterans Affairs or other federal agency. Upon effecting such
 3553  transfer, the committing court shall be notified by the
 3554  transferring agency. An individual may not No person shall be
 3555  transferred to the United States Department of Veterans Affairs
 3556  or other federal agency if he or she is confined pursuant to the
 3557  conviction of any felony or misdemeanor or if he or she has been
 3558  acquitted of the charge solely on the ground of insanity, unless
 3559  prior to transfer the court placing the individual such person
 3560  enters an order for the transfer after appropriate motion and
 3561  hearing and without objection by the United States Department of
 3562  Veterans Affairs.
 3563         (5)(4)An individual Any person transferred as provided in
 3564  this section is shall be deemed to be placed with the United
 3565  States Department of Veterans Affairs or other federal agency
 3566  pursuant to the original placement.
 3567         Section 22. Section 394.47891, Florida Statutes, is amended
 3568  to read:
 3569         394.47891 Military veterans and servicemembers court
 3570  programs.—The chief judge of each judicial circuit may establish
 3571  a Military Veterans and Servicemembers Court Program under which
 3572  veterans, as defined in s. 1.01, including veterans who were
 3573  discharged or released under a general discharge, and
 3574  servicemembers, as defined in s. 250.01, who are convicted of a
 3575  criminal offense and who suffer from a military-related mental
 3576  illness, traumatic brain injury, substance abuse disorder, or
 3577  psychological problem can be sentenced in accordance with
 3578  chapter 921 in a manner that appropriately addresses the
 3579  severity of the mental illness, traumatic brain injury,
 3580  substance abuse disorder, or psychological problem through
 3581  services tailored to the individual needs of the participant.
 3582  Entry into any Military Veterans and Servicemembers Court
 3583  Program must be based upon the sentencing court’s assessment of
 3584  the defendant’s criminal history, military service, substance
 3585  abuse treatment needs, mental health treatment needs,
 3586  amenability to the services of the program, the recommendation
 3587  of the state attorney and the victim, if any, and the
 3588  defendant’s agreement to enter the program.
 3589         Section 23. Section 394.47892, Florida Statutes, is created
 3590  to read:
 3591         394.47892 Treatment-based mental health court programs.—
 3592         (1) Each county may fund a treatment-based mental health
 3593  court program under which individuals in the justice system
 3594  assessed with a mental illness will be processed in such a
 3595  manner as to appropriately address the severity of the
 3596  identified mental health problem through treatment services
 3597  tailored to the individual needs of the participant. The
 3598  Legislature intends to encourage the Department of Corrections,
 3599  the Department of Children and Families, the Department of
 3600  Juvenile Justice, the Department of Health, the Department of
 3601  Law Enforcement, the Department of Education, and such agencies,
 3602  local governments, law enforcement agencies, other interested
 3603  public or private sources, and individuals to support the
 3604  creation and establishment of these problem-solving court
 3605  programs. Participation in the treatment-based mental health
 3606  court programs does not divest any public or private agency of
 3607  its responsibility for a child or adult, but enables these
 3608  agencies to better meet their needs through shared
 3609  responsibility and resources.
 3610         (2) Entry into any pretrial treatment-based mental health
 3611  court program is voluntary.
 3612         (3)(a) Entry into any postadjudicatory treatment-based
 3613  mental health court program as a condition of probation or
 3614  community control pursuant to s. 948.01 or s. 948.06 must be
 3615  based upon the sentencing court’s assessment of the defendant’s
 3616  criminal history, mental health screening outcome, amenability
 3617  to the services of the program, the recommendation of the state
 3618  attorney and the victim, if any, and the defendant’s agreement
 3619  to enter the program.
 3620         (b) An offender who is sentenced to a postadjudicatory
 3621  treatment-based mental health court program and who, while a
 3622  mental health court program participant, is the subject of a
 3623  violation of probation or community control under s. 948.06
 3624  shall have the violation of probation or community control heard
 3625  by the judge presiding over the postadjudicatory treatment-based
 3626  mental health court program. The judge shall dispose of any such
 3627  violation, after a hearing on or admission of the violation, as
 3628  he or she deems appropriate if the resulting sentence or
 3629  conditions are lawful.
 3630         (4) Treatment-based mental health court programs may
 3631  include pretrial intervention programs as provided in s. 948.08,
 3632  treatment-based mental health court programs authorized in
 3633  chapter 39, postadjudicatory programs as provided in ss. 948.01
 3634  and 948.06, and review of the status of compliance or
 3635  noncompliance of sentenced offenders through a treatment-based
 3636  mental health court program.
 3637         (5) Contingent upon an annual appropriation by the
 3638  Legislature, each judicial circuit with a treatment-based mental
 3639  health court program shall establish, at a minimum, one
 3640  coordinator position for the treatment-based mental health court
 3641  program within the state courts system to coordinate the
 3642  responsibilities of the participating agencies and service
 3643  providers. Each coordinator shall provide direct support to the
 3644  treatment-based mental health court program by providing
 3645  coordination between the multidisciplinary team and the
 3646  judiciary, providing case management, monitoring compliance of
 3647  the participants in the treatment-based mental health court
 3648  program with court requirements, and providing program
 3649  evaluation and accountability.
 3650         (6) If a county chooses to fund a treatment-based mental
 3651  health court program, the county must secure funding from
 3652  sources other than the state for those costs not otherwise
 3653  assumed by the state pursuant to s. 29.004. However, this does
 3654  not preclude a county from using treatment and other service
 3655  funding provided through state executive branch agencies.
 3656  Counties may provide, by interlocal agreement, for the
 3657  collective funding of these programs.
 3658         (7) The chief judge of each judicial circuit may appoint an
 3659  advisory committee for the treatment-based mental health court
 3660  program. The committee shall be composed of the chief judge, or
 3661  his or her designee, who shall serve as chair; the judge of the
 3662  treatment-based mental health court program, if not otherwise
 3663  designated by the chief judge as his or her designee; the state
 3664  attorney, or his or her designee; the public defender, or his or
 3665  her designee; the treatment-based mental health court program
 3666  coordinators; community representatives; treatment
 3667  representatives; and any other persons the chair finds are
 3668  appropriate.
 3669         Section 24. Section 394.656, Florida Statutes, is amended
 3670  to read:
 3671         394.656 Criminal Justice, Mental Health, and Substance
 3672  Abuse Reinvestment Grant Program.—
 3673         (1) There is created within the Department of Children and
 3674  Families the Criminal Justice, Mental Health, and Substance
 3675  Abuse Reinvestment Grant Program. The purpose of the program is
 3676  to provide funding to counties with which they can plan,
 3677  implement, or expand initiatives that increase public safety,
 3678  avert increased spending on criminal justice, and improve the
 3679  accessibility and effectiveness of treatment services for adults
 3680  and juveniles who have a mental illness, substance abuse
 3681  disorder, or co-occurring mental health and substance abuse
 3682  disorders and who are in, or at risk of entering, the criminal
 3683  or juvenile justice systems.
 3684         (2) The department shall establish a Criminal Justice,
 3685  Mental Health, and Substance Abuse Statewide Grant Policy Review
 3686  Committee. The committee shall include:
 3687         (a) One representative of the Department of Children and
 3688  Families;
 3689         (b) One representative of the Department of Corrections;
 3690         (c) One representative of the Department of Juvenile
 3691  Justice;
 3692         (d) One representative of the Department of Elderly
 3693  Affairs; and
 3694         (e) One representative of the Office of the State Courts
 3695  Administrator;
 3696         (f) One representative of the Department of Veterans’
 3697  Affairs;
 3698         (g) One representative of the Florida Sheriffs Association;
 3699         (h) One representative of the Florida Police Chiefs
 3700  Association;
 3701         (i) One representative of the Florida Association of
 3702  Counties;
 3703         (j) One representative of the Florida Alcohol and Drug
 3704  Abuse Association;
 3705         (k) One representative of the Florida Association of
 3706  Managing Entities;
 3707         (l) One representative of the Florida Council for Community
 3708  Mental Health; and
 3709         (m) One administrator of a state-licensed limited mental
 3710  health assisted living facility.
 3711         (3) The committee shall serve as the advisory body to
 3712  review policy and funding issues that help reduce the impact of
 3713  persons with mental illnesses and substance use disorders on
 3714  communities, criminal justice agencies, and the court system.
 3715  The committee shall advise the department in selecting
 3716  priorities for grants and investing awarded grant moneys.
 3717         (4) The department shall create a grant review and
 3718  selection committee that has experience in substance use and
 3719  mental health disorders, community corrections, and law
 3720  enforcement. To the extent possible, the members of the
 3721  committee shall have expertise in grant writing, grant
 3722  reviewing, and grant application scoring.
 3723         (5)(3)(a) A county, or not-for-profit community provider,
 3724  managing entity, or coordinated care organization designated by
 3725  the county planning council or committee, as described in s.
 3726  394.657, may apply for a 1-year planning grant or a 3-year
 3727  implementation or expansion grant. The purpose of the grants is
 3728  to demonstrate that investment in treatment efforts related to
 3729  mental illness, substance abuse disorders, or co-occurring
 3730  mental health and substance abuse disorders results in a reduced
 3731  demand on the resources of the judicial, corrections, juvenile
 3732  detention, and health and social services systems.
 3733         (b) To be eligible to receive a 1-year planning grant or a
 3734  3-year implementation or expansion grant:,
 3735         1. A county applicant must have a county planning council
 3736  or committee that is in compliance with the membership
 3737  requirements set forth in this section.
 3738         2. A not-for-profit community provider, managing entity, or
 3739  coordinated care organization must be designated by the county
 3740  planning council or committee and have written authorization to
 3741  submit an application. A not-for-profit community provider,
 3742  managing entity, or coordinated care organization must have
 3743  written authorization for each application it submits.
 3744         (c) The department may award a 3-year implementation or
 3745  expansion grant to an applicant who has not received a 1-year
 3746  planning grant.
 3747         (d) The department may require an applicant to conduct
 3748  sequential intercept mapping for a project. For purposes of this
 3749  paragraph, the term “sequential intercept mapping” means a
 3750  process for reviewing a local community’s mental health,
 3751  substance abuse, criminal justice, and related systems and
 3752  identifying points of interceptions where interventions may be
 3753  made to prevent an individual with a substance use disorder or
 3754  mental illness from deeper involvement in the criminal justice
 3755  system.
 3756         (6)(4) The grant review and selection committee shall
 3757  select the grant recipients and notify the department of
 3758  Children and Families in writing of the recipients’ names of the
 3759  applicants who have been selected by the committee to receive a
 3760  grant. Contingent upon the availability of funds and upon
 3761  notification by the review committee of those applicants
 3762  approved to receive planning, implementation, or expansion
 3763  grants, the department of Children and Families may transfer
 3764  funds appropriated for the grant program to a selected grant
 3765  recipient any county awarded a grant.
 3766         Section 25. Paragraph (a) of subsection (1) of section
 3767  394.875, Florida Statutes, is amended to read:
 3768         394.875 Crisis stabilization units, residential treatment
 3769  facilities, and residential treatment centers for children and
 3770  adolescents; authorized services; license required.—
 3771         (1)(a) The purpose of a crisis stabilization unit is to
 3772  stabilize and redirect a client to the most appropriate and
 3773  least restrictive community setting available, consistent with
 3774  the client’s needs. Crisis stabilization units may screen,
 3775  assess, and admit for stabilization persons who present
 3776  themselves to the unit and persons who are brought to the unit
 3777  under s. 394.463. Clients may be provided 24-hour observation,
 3778  medication prescribed by a physician or psychiatrist, and other
 3779  appropriate services. Crisis stabilization units shall provide
 3780  services regardless of the client’s ability to pay and shall be
 3781  limited in size to a maximum of 30 beds.
 3782         Section 26. Section 765.4015, Florida Statutes, is created
 3783  to read:
 3784         765.4015 Short title.—Sections 765.402-765.411 may be cited
 3785  as the “Jennifer Act.”
 3786         Section 27. Section 765.402, Florida Statutes, is created
 3787  to read:
 3788         765.402Legislative findings.—
 3789         (1) The Legislature recognizes that an individual with
 3790  capacity has the ability to control decisions relating to his or
 3791  her own mental health care or substance abuse treatment. The
 3792  Legislature finds that:
 3793         (a) Substance abuse and some mental illnesses cause
 3794  individuals to fluctuate between capacity and incapacity;
 3795         (b) During periods when an individual’s capacity is
 3796  unclear, the individual may be unable to provide informed
 3797  consent necessary to access needed treatment;
 3798         (c) Early treatment may prevent an individual from becoming
 3799  so ill that involuntary treatment is necessary; and
 3800         (d) Individuals with substance abuse impairment or mental
 3801  illness need an established procedure to express their
 3802  instructions and preferences for treatment and provide advance
 3803  consent to or refusal of treatment. This procedure should be
 3804  less expensive and less restrictive than guardianship.
 3805         (2) The Legislature further recognizes that:
 3806         (a) A mental health or substance abuse treatment advance
 3807  directive must provide the individual with a full range of
 3808  choices.
 3809         (b) For a mental health or substance abuse directive to be
 3810  an effective tool, individuals must be able to choose how they
 3811  want their directives to be applied, including the right of
 3812  revocation, during periods when they are incompetent to consent
 3813  to treatment.
 3814         (c) There must be a clear process so that treatment
 3815  providers can abide by an individual’s treatment choices.
 3816         Section 28. Section 765.403, Florida Statutes, is created
 3817  to read:
 3818         765.403 Definitions.—As used in this part, the term:
 3819         (1) “Adult” means any individual who has attained the age
 3820  of majority or is an emancipated minor.
 3821         (2) “Capacity” means that an adult has not been found to be
 3822  incapacitated pursuant to s. 394.463.
 3823         (3) “Health care facility” means a hospital, nursing home,
 3824  hospice, home health agency, or health maintenance organization
 3825  licensed in this state, or any facility subject to part I of
 3826  chapter 394.
 3827         (4) “Incapacity” or “incompetent” means an adult who is:
 3828         (a)Unable to understand the nature, character, and
 3829  anticipated results of proposed treatment or alternatives or the
 3830  recognized serious possible risks, complications, and
 3831  anticipated benefits of treatments and alternatives, including
 3832  nontreatment;
 3833         (b)Physically or mentally unable to communicate a willful
 3834  and knowing decision about mental health care or substance abuse
 3835  treatment;
 3836         (c)Unable to communicate his or her understanding or
 3837  treatment decisions; or
 3838         (d)Determined incompetent pursuant to s. 394.463.
 3839         (5) “Informed consent” means consent voluntarily given by a
 3840  person after a sufficient explanation and disclosure of the
 3841  subject matter involved to enable that person to have a general
 3842  understanding of the treatment or procedure and the medically
 3843  acceptable alternatives, including the substantial risks and
 3844  hazards inherent in the proposed treatment or procedures or
 3845  nontreatment, and to make knowing mental health care or
 3846  substance abuse treatment decisions without coercion or undue
 3847  influence.
 3848         (6) “Interested person” means, for the purposes of this
 3849  chapter, any person who may reasonably be expected to be
 3850  affected by the outcome of the particular proceeding involved,
 3851  including anyone interested in the welfare of an incapacitated
 3852  person.
 3853         (7) “Mental health or substance abuse treatment advance
 3854  directive” means a written document in which the principal makes
 3855  a declaration of instructions or preferences or appoints a
 3856  surrogate to make decisions on behalf of the principal regarding
 3857  the principal’s mental health or substance abuse treatment, or
 3858  both.
 3859         (8) “Mental health professional” means a psychiatrist,
 3860  psychologist, psychiatric nurse, or social worker, and such
 3861  other mental health professionals licensed pursuant to chapter
 3862  458, chapter 459, chapter 464, chapter 490, or chapter 491.
 3863         (9) “Principal” means a competent adult who executes a
 3864  mental health or substance abuse treatment advance directive and
 3865  on whose behalf mental health care or substance abuse treatment
 3866  decisions are to be made.
 3867         (10) “Surrogate” means any competent adult expressly
 3868  designated by a principal to make mental health care or
 3869  substance abuse treatment decisions on behalf of the principal
 3870  as set forth in the principal’s mental health or substance abuse
 3871  treatment advance directive or self-binding arrangement as those
 3872  terms are defined in this part.
 3873         Section 29. Section 765.405, Florida Statutes, is created
 3874  to read:
 3875         765.405 Mental health or substance abuse treatment advance
 3876  directive; execution; allowable provisions.—
 3877         (1) An adult with capacity may execute a mental health or
 3878  substance abuse treatment advance directive.
 3879         (2) A directive executed in accordance with this section is
 3880  presumed to be valid. The inability to honor one or more
 3881  provisions of a directive does not affect the validity of the
 3882  remaining provisions.
 3883         (3) A directive may include any provision relating to
 3884  mental health or substance abuse treatment or the care of the
 3885  principal. Without limitation, a directive may include:
 3886         (a) The principal’s preferences and instructions for mental
 3887  health or substance abuse treatment.
 3888         (b) Consent to specific types of mental health or substance
 3889  abuse treatment.
 3890         (c) Refusal to consent to specific types of mental health
 3891  or substance abuse treatment.
 3892         (d) Descriptions of situations that may cause the principal
 3893  to experience a mental health or substance abuse crisis.
 3894         (e) Suggested alternative responses that may supplement or
 3895  be in lieu of direct mental health or substance abuse treatment,
 3896  such as treatment approaches from other providers.
 3897         (f) The principal’s nomination of a guardian, limited
 3898  guardian, or guardian advocate as provided chapter 744.
 3899         (4) A directive may be combined with or be independent of a
 3900  nomination of a guardian, other durable power of attorney, or
 3901  other advance directive.
 3902         Section 30. Section 765.406, Florida Statutes, is created
 3903  to read:
 3904         765.406 Execution of a mental health or substance abuse
 3905  advance directive; effective date; expiration.—
 3906         (1) A directive must:
 3907         (a) Be in writing.
 3908         (b) Contain language that clearly indicates that the
 3909  principal intends to create a directive.
 3910         (c) Be dated and signed by the principal or, if the
 3911  principal is unable to sign, at the principal’s direction in the
 3912  principal’s presence.
 3913         (d) Be witnessed by two adults, each of whom must declare
 3914  that he or she personally knows the principal and was present
 3915  when the principal dated and signed the directive, and that the
 3916  principal did not appear to be incapacitated or acting under
 3917  fraud, undue influence, or duress. The person designated as the
 3918  surrogate may not act as a witness to the execution of the
 3919  document designating the mental health or substance abuse care
 3920  treatment surrogate. At least one person who acts as a witness
 3921  must be neither the principal’s spouse nor his or her blood
 3922  relative.
 3923         (2) A directive is valid upon execution, but all or part of
 3924  the directive may take effect at a later date as designated by
 3925  the principal in the directive.
 3926         (3) A directive may:
 3927         (a) Be revoked, in whole or in part, pursuant to s.
 3928  765.407; or
 3929         (b) Expire under its own terms.
 3930         (4) A directive does not or may not:
 3931         (a) Create an entitlement to mental health, substance
 3932  abuse, or medical treatment or supersede a determination of
 3933  medical necessity.
 3934         (b) Obligate any health care provider, professional person,
 3935  or health care facility to pay the costs associated with the
 3936  treatment requested.
 3937         (c) Obligate a health care provider, professional person,
 3938  or health care facility to be responsible for the nontreatment
 3939  or personal care of the principal or the principal’s personal
 3940  affairs outside the scope of services the facility normally
 3941  provides.
 3942         (d) Replace or supersede any will or testamentary document
 3943  or supersede the provision of intestate succession.
 3944         Section 31. Section 765.407, Florida Statutes, is created
 3945  to read:
 3946         765.407 Revocation; waiver.—
 3947         (1) A principal with capacity may, by written statement of
 3948  the principal or at the principal’s direction in the principal’s
 3949  presence, revoke a directive in whole or in part.
 3950         (2) The principal shall provide a copy of his or her
 3951  written statement of revocation to his or her agent, if any, and
 3952  to each health care provider, professional person, or health
 3953  care facility that received a copy of the directive from the
 3954  principal.
 3955         (3) The written statement of revocation is effective as to
 3956  a health care provider, professional person, or health care
 3957  facility upon receipt. The professional person, health care
 3958  provider, or health care facility, or persons acting under their
 3959  direction, shall make the statement of revocation part of the
 3960  principal’s medical record.
 3961         (4) A directive also may:
 3962         (a) Be revoked, in whole or in part, expressly or to the
 3963  extent of any inconsistency, by a subsequent directive; or
 3964         (b) Be superseded or revoked by a court order, including
 3965  any order entered in a criminal matter. The individual’s family,
 3966  the health care facility, the attending physician, or any other
 3967  interested person who may be directly affected by the
 3968  surrogate’s decision concerning any health care may seek
 3969  expedited judicial intervention pursuant to rule 5.900 of the
 3970  Florida Probate Rules, if that person believes:
 3971         1. The surrogate’s decision is not in accord with the
 3972  individual’s known desires;
 3973         2. The advance directive is ambiguous, or the individual
 3974  has changed his or her mind after execution of the advance
 3975  directive;
 3976         3. The surrogate was improperly designated or appointed, or
 3977  the designation of the surrogate is no longer effective or has
 3978  been revoked;
 3979         4. The surrogate has failed to discharge duties, or
 3980  incapacity or illness renders the surrogate incapable of
 3981  discharging duties;
 3982         5. The surrogate has abused powers; or
 3983         6. The individual has sufficient capacity to make his or
 3984  her own health care decisions.
 3985         (5) A directive that would have otherwise expired but is
 3986  effective because the principal is incapacitated remains
 3987  effective until the principal is no longer incapacitated unless
 3988  the principal elected to be able to revoke while incapacitated
 3989  and has revoked the directive.
 3990         (6) When a principal with capacity consents to treatment
 3991  that differs from, or refuses treatment consented to in, his or
 3992  her directive, the consent or refusal constitutes a waiver of a
 3993  particular provision and does not constitute a revocation of the
 3994  provision or the directive unless that principal also revokes
 3995  the provision or directive.
 3996         Section 32. Section 765.410, Florida Statutes, is created
 3997  to read:
 3998         765.410 Immunity from liability; weight of proof;
 3999  presumption.—
 4000         (1) A health care facility, provider, or other person who
 4001  acts under the direction of a health care facility or provider
 4002  is not subject to criminal prosecution or civil liability, and
 4003  may not be deemed to have engaged in unprofessional conduct, as
 4004  a result of carrying out a mental health care or substance abuse
 4005  treatment decision made in accordance with this section. The
 4006  surrogate who makes a mental health care or substance abuse
 4007  treatment decision on a principal’s behalf, pursuant to this
 4008  section, is not subject to criminal prosecution or civil
 4009  liability for such action.
 4010         (2) This section applies unless it is shown by a
 4011  preponderance of the evidence that the person authorizing or
 4012  carrying out a mental health or substance abuse treatment
 4013  decision did not exercise reasonable care or, in good faith,
 4014  comply with ss. 765.402-765.411.
 4015         Section 33. Section 765.411, Florida Statutes, is created
 4016  to read:
 4017         765.411Recognition of mental health and substance abuse
 4018  treatment advance directive executed in another state.—A mental
 4019  health or substance abuse treatment advance directive executed
 4020  in another state in compliance with the law of that state is
 4021  validly executed for the purposes of this chapter.
 4022         Section 34. Subsection (5) of section 910.035, Florida
 4023  Statutes, is amended to read:
 4024         910.035 Transfer from county for plea, and sentence, or
 4025  participation in a problem-solving court.—
 4026         (5) PROBLEM-SOLVING COURTS.—
 4027         (a) As used in this subsection, the term “problem-solving
 4028  court” means a drug court pursuant to s. 948.01, s. 948.06, s.
 4029  948.08, s. 948.16, or s. 948.20; a military veterans and
 4030  servicemembers court pursuant to s. 394.47891, s. 948.08, s.
 4031  948.16, or s. 948.21; a mental health court pursuant to s.
 4032  394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; or a
 4033  delinquency pretrial intervention court program pursuant to s.
 4034  985.345.
 4035         (b) Any person eligible for participation in a problem
 4036  solving drug court shall, upon request by the person or a court,
 4037  treatment program pursuant to s. 948.08(6) may be eligible to
 4038  have the case transferred to a county other than that in which
 4039  the charge arose if the person agrees to the transfer and the
 4040  drug court program agrees and if the following conditions are
 4041  met:
 4042         (a) the authorized representative of the trial drug court
 4043  consults program of the county requesting to transfer the case
 4044  shall consult with the authorized representative of the problem
 4045  solving drug court program in the county to which transfer is
 4046  desired, and both representatives agree to the transfer.
 4047         (c)(b) If all parties agree to the transfer as required by
 4048  paragraph (b), approval for transfer is received from all
 4049  parties, the trial court shall accept a plea of nolo contendere
 4050  and enter a transfer order directing the clerk to transfer the
 4051  case to the county that which has accepted the defendant into
 4052  its problem-solving drug court program.
 4053         (d)1.(c)When transferring a pretrial problem-solving court
 4054  case, the transfer order shall include a copy of the probable
 4055  cause affidavit; any charging documents in the case; all
 4056  reports, witness statements, test results, evidence lists, and
 4057  other documents in the case; the defendant’s mailing address and
 4058  telephone phone number; and the defendant’s written consent to
 4059  abide by the rules and procedures of the receiving county’s
 4060  problem-solving drug court program.
 4061         2. When transferring a postadjudicatory problem-solving
 4062  court case, the transfer order must include a copy of the
 4063  charging documents in the case; the final disposition; all
 4064  reports, test results, and other documents in the case; the
 4065  defendant’s mailing address and telephone number; and the
 4066  defendant’s written consent to abide by the rules and procedures
 4067  of the receiving county’s problem-solving court.
 4068         (e)(d) After the transfer takes place, the clerk shall set
 4069  the matter for a hearing before the problem-solving drug court
 4070  to program judge and the court shall ensure the defendant’s
 4071  entry into the problem-solving drug court program.
 4072         (f)(e) Upon successful completion of the problem-solving
 4073  drug court program, the jurisdiction to which the case has been
 4074  transferred shall dispose of the case pursuant to s. 948.08(6).
 4075  If the defendant does not complete the problem-solving drug
 4076  court program successfully, the jurisdiction to which the case
 4077  has been transferred shall dispose of the case within the
 4078  guidelines of the Criminal Punishment Code.
 4079         Section 35. Subsection (5) of section 916.106, Florida
 4080  Statutes, is amended to read:
 4081         916.106 Definitions.—For the purposes of this chapter, the
 4082  term:
 4083         (5) “Court” means the circuit court and a county court
 4084  ordering the conditional release of a defendant as provided in
 4085  s. 916.17.
 4086         Section 36. Subsection (1) of section 916.17, Florida
 4087  Statutes, is amended to read:
 4088         916.17 Conditional release.—
 4089         (1) Except for an inmate currently serving a prison
 4090  sentence, the committing court may order a conditional release
 4091  of any defendant in lieu of an involuntary commitment to a
 4092  facility pursuant to s. 916.13 or s. 916.15 based upon an
 4093  approved plan for providing appropriate outpatient care and
 4094  treatment. A county court may order the conditional release of a
 4095  defendant for purposes of the provision of outpatient care and
 4096  treatment only. Upon a recommendation that outpatient treatment
 4097  of the defendant is appropriate, a written plan for outpatient
 4098  treatment, including recommendations from qualified
 4099  professionals, must be filed with the court, with copies to all
 4100  parties. Such a plan may also be submitted by the defendant and
 4101  filed with the court with copies to all parties. The plan shall
 4102  include:
 4103         (a) Special provisions for residential care or adequate
 4104  supervision of the defendant.
 4105         (b) Provisions for outpatient mental health services.
 4106         (c) If appropriate, recommendations for auxiliary services
 4107  such as vocational training, educational services, or special
 4108  medical care.
 4109  
 4110  In its order of conditional release, the court shall specify the
 4111  conditions of release based upon the release plan and shall
 4112  direct the appropriate agencies or persons to submit periodic
 4113  reports to the court regarding the defendant’s compliance with
 4114  the conditions of the release and progress in treatment, with
 4115  copies to all parties.
 4116         Section 37. Section 916.185, Florida Statutes, is created
 4117  to read:
 4118         916.185Forensic Hospital Diversion Pilot Program.—
 4119         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 4120  that many jail inmates who have serious mental illnesses and who
 4121  are committed to state forensic mental health treatment
 4122  facilities for restoration of competency to proceed could be
 4123  served more effectively and at less cost in community-based
 4124  alternative programs. The Legislature further finds that many
 4125  individuals who have serious mental illnesses and who have been
 4126  discharged from state forensic mental health treatment
 4127  facilities could avoid recidivism in the criminal justice and
 4128  forensic mental health systems if they received specialized
 4129  treatment in the community. Therefore, it is the intent of the
 4130  Legislature to create the Forensic Hospital Diversion Pilot
 4131  Program to serve individuals who have mental illnesses or co
 4132  occurring mental illnesses and substance use disorders and who
 4133  are admitted to or are at risk of entering state forensic mental
 4134  health treatment facilities, prisons, jails, or state civil
 4135  mental health treatment facilities.
 4136         (2) DEFINITIONS.—As used in this section, the term:
 4137         (a) “Best practices” means treatment services that
 4138  incorporate the most effective and acceptable interventions
 4139  available in the care and treatment of individuals who are
 4140  diagnosed as having mental illnesses or co-occurring mental
 4141  illnesses and substance use disorders.
 4142         (b) “Community forensic system” means the community mental
 4143  health and substance use forensic treatment system, including
 4144  the comprehensive set of services and supports provided to
 4145  individuals involved in or at risk of becoming involved in the
 4146  criminal justice system.
 4147         (c) “Evidence-based practices” means interventions and
 4148  strategies that, based on the best available empirical research,
 4149  demonstrate effective and efficient outcomes in the care and
 4150  treatment of individuals who are diagnosed as having mental
 4151  illnesses or co-occurring mental illnesses and substance use
 4152  disorders.
 4153         (3) CREATION.—There is created a Forensic Hospital
 4154  Diversion Pilot Program to provide, when appropriate,
 4155  competency-restoration and community-reintegration services in
 4156  locked residential treatment facilities, based on considerations
 4157  of public safety, the needs of the individual, and available
 4158  resources.
 4159         (a) The department shall implement a Forensic Hospital
 4160  Diversion Pilot Program in Alachua, Broward, Escambia,
 4161  Hillsborough, and Miami-Dade Counties, in conjunction with the
 4162  Eighth Judicial Circuit, the Seventeenth Judicial Circuit, the
 4163  First Judicial Circuit, the Thirteenth Judicial Circuit, and the
 4164  Eleventh Judicial Circuit, respectively, which shall be modeled
 4165  after the Miami-Dade Forensic Alternative Center, taking into
 4166  account local needs and subject to the availability of local
 4167  resources.
 4168         (b) In creating and implementing the program, the
 4169  department shall include a comprehensive continuum of care and
 4170  services which uses evidence-based practices and best practices
 4171  to treat individuals who have mental health and co-occurring
 4172  substance use disorders.
 4173         (c) The department and the respective judicial circuits
 4174  shall implement this section within available resources. State
 4175  funding may be made available through a specific appropriation.
 4176         (4) ELIGIBILITY.—Participation in the Forensic Hospital
 4177  Diversion Pilot Program is limited to individuals who:
 4178         (a) Are 18 years of age or older;
 4179         (b) Are charged with a felony of the second degree or a
 4180  felony of the third degree;
 4181         (c) Do not have a significant history of violent criminal
 4182  offenses;
 4183         (d) Have been adjudicated incompetent to proceed to trial
 4184  or not guilty by reason of insanity under this part;
 4185         (e) Meet public safety and treatment criteria established
 4186  by the department for placement in a community setting; and
 4187         (f) Would be admitted to a state mental health treatment
 4188  facility if not for the availability of the Forensic Hospital
 4189  Diversion Pilot Program.
 4190         (5) TRAINING.—The Legislature encourages the Florida
 4191  Supreme Court, in consultation and cooperation with the Task
 4192  Force on Substance Abuse and Mental Health Issues in the Courts,
 4193  to develop educational training on the community forensic system
 4194  for judges in the pilot program areas.
 4195         (6) RULEMAKING.—The department may adopt rules to
 4196  administer this section.
 4197         (7) REPORT.—The Office of Program Policy Analysis and
 4198  Government Accountability shall review and evaluate the Forensic
 4199  Hospital Diversion Pilot Program and submit a report to the
 4200  Governor, the President of the Senate, and the Speaker of the
 4201  House of Representatives by December 31, 2016. The report shall
 4202  examine the efficiency and cost-effectiveness of providing
 4203  forensic mental health services in secure, outpatient,
 4204  community-based settings. In addition, the report shall examine
 4205  the impact of the Forensic Hospital Diversion Pilot Program on
 4206  public health and safety.
 4207         Section 38. Section 944.805, Florida Statutes, is created
 4208  to read:
 4209         944.805Nonviolent offender reentry program.—
 4210         (1) As used in this section, the term:
 4211         (a) “Department” means the Department of Corrections.
 4212         (b) “Nonviolent offender” means an offender whose primary
 4213  offense is a felony of the third degree, who is not the subject
 4214  of a domestic violence injunction currently in force, and who
 4215  has never been convicted of:
 4216         1. A forcible felony as defined in s. 776.08;
 4217         2. An offense specified in s. 775.082(9)(a)1.r., regardless
 4218  of prior incarceration or release;
 4219         3. An offense described in chapter 847;
 4220         4. An offense under chapter 827;
 4221         5. Any offense specified in s. 784.07, s. 784.074, s.
 4222  784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085;
 4223         6. Any offense involving the possession or use of a
 4224  firearm;
 4225         7. A capital felony or a felony of the first or second
 4226  degree;
 4227         8. Any offense that requires a person to register as a
 4228  sexual offender pursuant to s. 943.0435.
 4229         (2)(a) The department shall develop and administer a
 4230  reentry program for nonviolent offenders. The reentry program
 4231  must include prison-based substance abuse treatment, general
 4232  education development and adult basic education courses,
 4233  vocational training, training in decisionmaking and personal
 4234  development, and other rehabilitation programs.
 4235         (b) The reentry program is intended to divert nonviolent
 4236  offenders from long periods of incarceration when a reduced
 4237  period of incarceration supplemented by participation in
 4238  intensive substance abuse treatment and rehabilitative
 4239  programming could produce the same deterrent effect, protect the
 4240  public, rehabilitate the offender, and reduce recidivism.
 4241         (c) The nonviolent offender must serve at least 6 months in
 4242  the reentry program. The offender may not count any portion of
 4243  his or her sentence served before placement in the reentry
 4244  program as progress toward program completion.
 4245         (d) A reentry program may be operated in a secure area in
 4246  or adjacent to a correctional institution.
 4247         (3) The department shall screen offenders committed to the
 4248  department for eligibility to participate in the reentry program
 4249  using the criteria in this section. To be eligible, an offender
 4250  must be a nonviolent offender, must have served at least one
 4251  half of his or her original sentence, and must have been
 4252  identified as needing substance abuse treatment.
 4253         (4) In addition, the department must consider the following
 4254  factors when selecting participants for the reentry program:
 4255         (a) The offender’s history of disciplinary reports.
 4256         (b) The offender’s criminal history.
 4257         (c) The severity of the offender’s addiction.
 4258         (d) The offender’s history of criminal behavior related to
 4259  substance abuse.
 4260         (e) Whether the offender has participated or requested to
 4261  participate in any general educational development certificate
 4262  program or other educational, technical, work, vocational, or
 4263  self-rehabilitation program.
 4264         (f) The results of any risk assessment of the offender.
 4265         (g) The outcome of all past participation of the offender
 4266  in substance abuse treatment programs.
 4267         (h) The possible rehabilitative benefits that substance
 4268  abuse treatment, educational programming, vocational training,
 4269  and other rehabilitative programming might have on the offender.
 4270         (i) The likelihood that the offender’s participation in the
 4271  program will produce the same deterrent effect, protect the
 4272  public, save taxpayer dollars, and prevent or delay recidivism
 4273  to an equal or greater extent than completion of the sentence
 4274  previously imposed.
 4275         (5)(a) If an offender volunteers to participate in the
 4276  reentry program, meets the eligibility criteria, and is selected
 4277  by the department based on the considerations in subsection (4)
 4278  and if space is available in the reentry program, the department
 4279  may request the sentencing court to approve the offender’s
 4280  participation in the reentry program. The request must be made
 4281  in writing, must include a brief summation of the department’s
 4282  evaluation under subsection (4), and must identify the documents
 4283  or other information upon which the evaluation is based. The
 4284  request and all accompanying documents may be delivered to the
 4285  sentencing court electronically.
 4286         (b)1. The department shall notify the state attorney that
 4287  the offender is being considered for placement in the reentry
 4288  program. The notice must include a copy of all documents
 4289  provided with the request to the court. The notice and all
 4290  accompanying documents may be delivered to the state attorney
 4291  electronically and may take the form of a copy of an electronic
 4292  delivery made to the sentencing court.
 4293         2. The notice must also state that the state attorney may
 4294  notify the sentencing court in writing of any objection he or
 4295  she may have to placement of the nonviolent offender in the
 4296  reentry program. Such notification must be made within 15 days
 4297  after receipt of the notice by the state attorney from the
 4298  department. Regardless of whether an objection is raised, the
 4299  state attorney may provide the sentencing court with any
 4300  information supplemental or contrary to the information provided
 4301  by the department which may assist the court in its
 4302  determination.
 4303         (c) In determining whether to approve a nonviolent offender
 4304  for participation in the reentry program, the sentencing court
 4305  may consider any facts that the court considers relevant,
 4306  including, but not limited to, the criteria listed in subsection
 4307  (4); the original sentencing report and any evidence admitted in
 4308  a previous sentencing proceeding; the offender’s record of
 4309  arrests without conviction for crimes; any other evidence of
 4310  allegations of unlawful conduct or the use of violence by the
 4311  offender; the offender’s family ties, length of residence in the
 4312  community, employment history, and mental condition; the
 4313  likelihood that participation in the program will produce the
 4314  same deterrent effect, rehabilitate the offender, and prevent or
 4315  delay recidivism to an equal or greater extent than completion
 4316  of the sentence previously imposed; and the likelihood that the
 4317  offender will engage again in criminal conduct.
 4318         (d) The sentencing court shall notify the department in
 4319  writing of the court’s decision to approve or disapprove the
 4320  requested placement of the nonviolent offender no later than 30
 4321  days after the court receives the department’s request to place
 4322  the offender in the reentry program. If the court approves the
 4323  placement, the notification must list the factors upon which the
 4324  court relied in making its determination.
 4325         (6) After the nonviolent offender is admitted to the
 4326  reentry program, he or she shall undergo a complete substance
 4327  abuse assessment to determine his or her substance abuse
 4328  treatment needs. The offender shall also receive an educational
 4329  assessment, which must be accomplished using the Test of Adult
 4330  Basic Education or any other testing instrument approved by the
 4331  Department of Education. Each offender who has not obtained a
 4332  high school diploma shall be enrolled in an adult education
 4333  program designed to aid the offender in improving his or her
 4334  academic skills and earning a high school diploma. Additional
 4335  assessments of the offender’s vocational skills and future
 4336  career education shall be provided to the offender as needed. A
 4337  periodic reevaluation shall be made to assess the progress of
 4338  each offender.
 4339         (7)(a) If a nonviolent offender in the reentry program
 4340  becomes unmanageable, the department may revoke the offender’s
 4341  gain-time and place the offender in disciplinary confinement in
 4342  accordance with department rule. Except as provided in paragraph
 4343  (b), the offender shall be readmitted to the reentry program
 4344  after completing the ordered discipline. Any period during which
 4345  the offender cannot participate in the reentry program must be
 4346  excluded from the specified time requirements in the reentry
 4347  program.
 4348         (b) The department may terminate an offender from the
 4349  reentry program if:
 4350         1. The offender commits or threatens to commit a violent
 4351  act;
 4352         2. The department determines that the offender cannot
 4353  participate in the reentry program because of the offender’s
 4354  medical condition;
 4355         3. The offender’s sentence is modified or expires;
 4356         4. The department reassigns the offender’s classification
 4357  status; or
 4358         5. The department determines that removing the offender
 4359  from the reentry program is in the best interest of the offender
 4360  or the security of the reentry program facility.
 4361         (8)(a) The department shall submit a report to the
 4362  sentencing court at least 30 days before the nonviolent offender
 4363  is scheduled to complete the reentry program. The report must
 4364  describe the offender’s performance in the reentry program and
 4365  certify whether the performance is satisfactory. The court may
 4366  schedule a hearing to consider any modification to the imposed
 4367  sentence. Notwithstanding the eligibility criteria contained in
 4368  s. 948.20, if the offender’s performance is satisfactory to the
 4369  department and the court, the court shall issue an order
 4370  modifying the sentence imposed and placing the offender on drug
 4371  offender probation, as described in s. 948.20(2), subject to the
 4372  department’s certification of the offender’s successful
 4373  completion of the remainder of the reentry program. The term of
 4374  drug offender probation must not be less than the remaining time
 4375  the offender would have served in prison had he or she not
 4376  participated in the program. A condition of drug offender
 4377  probation may include electronic monitoring or placement in a
 4378  community residential or nonresidential licensed substance abuse
 4379  treatment facility under the jurisdiction of the department or
 4380  the Department of Children and Families or any public or private
 4381  entity providing such services. The order must include findings
 4382  that the offender’s performance is satisfactory, that the
 4383  requirements for resentencing under this section are satisfied,
 4384  and that public safety will not be compromised. If the
 4385  nonviolent offender violates the conditions of drug offender
 4386  probation, the court may revoke probation and impose any
 4387  sentence that it might have originally imposed. An offender may
 4388  not be released from the custody of the department under this
 4389  section except pursuant to a judicial order modifying his or her
 4390  sentence.
 4391         (b) If an offender released pursuant to paragraph (a)
 4392  intends to reside in a county that has established a
 4393  postadjudicatory drug court program as described in s. 397.334,
 4394  the sentencing court may require the offender to successfully
 4395  complete the postadjudicatory drug court program as a condition
 4396  of drug offender probation. The original sentencing court shall
 4397  relinquish jurisdiction of the offender’s case to the
 4398  postadjudicatory drug court program until the offender is no
 4399  longer active in the program, the case is returned to the
 4400  sentencing court due to the offender’s termination from the
 4401  program for failure to comply with the terms of the program, or
 4402  the offender’s sentence is completed. An offender who is
 4403  transferred to a postadjudicatory drug court program shall
 4404  comply with all conditions and orders of the program.
 4405         (9) The department shall implement the reentry program to
 4406  the fullest extent feasible within available resources.
 4407         (10) The department may enter into performance-based
 4408  contracts with qualified individuals, agencies, or corporations
 4409  for the provision of any or all of the services for the reentry
 4410  program. However, an offender may not be released from the
 4411  custody of the department under this section except pursuant to
 4412  a judicial order modifying a sentence.
 4413         (11) A nonviolent offender in the reentry program is
 4414  subject to rules of conduct established by the department and
 4415  may have sanctions imposed, including loss of privileges,
 4416  restrictions, disciplinary confinement, alteration of release
 4417  plans, or other program modifications in keeping with the nature
 4418  and gravity of the program violation. Administrative or
 4419  protective confinement, as necessary, may be imposed.
 4420         (12) This section does not create or confer any right to
 4421  any offender to placement in the reentry program or any right to
 4422  placement or early release under supervision of any type. An
 4423  inmate does not have a cause of action under this section
 4424  against the department, a court, or the state attorney related
 4425  to the reentry program.
 4426         (13) The department may establish a system of incentives
 4427  within the reentry program which the department may use to
 4428  promote participation in rehabilitative programs and the orderly
 4429  operation of institutions and facilities.
 4430         (14) The department shall develop a system for tracking
 4431  recidivism, including, but not limited to, rearrests and
 4432  recommitment of nonviolent offenders who successfully complete
 4433  the reentry program, and shall report the recidivism rate in the
 4434  annual report required under this section.
 4435         (15) The department shall submit an annual report to the
 4436  Governor, the President of the Senate, and the Speaker of the
 4437  House of Representatives detailing the extent of implementation
 4438  of the reentry program and the number of participants who are
 4439  selected by the department, the number of participants who are
 4440  approved by the court, and the number of participants who
 4441  successfully complete the program. The report must include a
 4442  reasonable estimate or description of the additional public
 4443  costs incurred and any public funds saved with respect to each
 4444  participant, a brief description of each sentence modification,
 4445  and a brief description of the subsequent criminal history, if
 4446  any, of each participant following any modification of sentence
 4447  under this section. The report must also include future goals
 4448  and any recommendations that the department has for future
 4449  legislative action.
 4450         (16) The department shall adopt rules as necessary to
 4451  administer the reentry program.
 4452         (17) Nothing in this section is severable from the
 4453  remaining provisions of this section. If any subsection of this
 4454  section is determined by any state or federal court to be not
 4455  fully enforceable, this section shall stand repealed in its
 4456  entirety.
 4457         Section 39. Paragraph (a) of subsection (7) of section
 4458  948.08, Florida Statutes, is amended to read:
 4459         948.08 Pretrial intervention program.—
 4460         (7)(a) Notwithstanding any provision of this section, a
 4461  person who is charged with a felony, other than a felony listed
 4462  in s. 948.06(8)(c), and identified as a veteran, as defined in
 4463  s. 1.01, including a veteran who was discharged or released
 4464  under a general discharge, or servicemember, as defined in s.
 4465  250.01, who suffers from a military service-related mental
 4466  illness, traumatic brain injury, substance abuse disorder, or
 4467  psychological problem, is eligible for voluntary admission into
 4468  a pretrial veterans’ treatment intervention program approved by
 4469  the chief judge of the circuit, upon motion of either party or
 4470  the court’s own motion, except:
 4471         1. If a defendant was previously offered admission to a
 4472  pretrial veterans’ treatment intervention program at any time
 4473  before trial and the defendant rejected that offer on the
 4474  record, the court may deny the defendant’s admission to such a
 4475  program.
 4476         2. If a defendant previously entered a court-ordered
 4477  veterans’ treatment program, the court may deny the defendant’s
 4478  admission into the pretrial veterans’ treatment program.
 4479         Section 40. Paragraph (a) of subsection (2) of section
 4480  948.16, Florida Statutes, is amended to read:
 4481         948.16 Misdemeanor pretrial substance abuse education and
 4482  treatment intervention program; misdemeanor pretrial veterans’
 4483  treatment intervention program.—
 4484         (2)(a) A veteran, as defined in s. 1.01, including a
 4485  veteran who was discharged or released under a general
 4486  discharge, or servicemember, as defined in s. 250.01, who
 4487  suffers from a military service-related mental illness,
 4488  traumatic brain injury, substance abuse disorder, or
 4489  psychological problem, and who is charged with a misdemeanor is
 4490  eligible for voluntary admission into a misdemeanor pretrial
 4491  veterans’ treatment intervention program approved by the chief
 4492  judge of the circuit, for a period based on the program’s
 4493  requirements and the treatment plan for the offender, upon
 4494  motion of either party or the court’s own motion. However, the
 4495  court may deny the defendant admission into a misdemeanor
 4496  pretrial veterans’ treatment intervention program if the
 4497  defendant has previously entered a court-ordered veterans’
 4498  treatment program.
 4499         Section 41. Section 948.21, Florida Statutes, is amended to
 4500  read:
 4501         948.21 Condition of probation or community control;
 4502  military servicemembers and veterans.—
 4503         (1) Effective for a probationer or community controllee
 4504  whose crime was committed on or after July 1, 2012, and who is a
 4505  veteran, as defined in s. 1.01, or servicemember, as defined in
 4506  s. 250.01, who suffers from a military service-related mental
 4507  illness, traumatic brain injury, substance abuse disorder, or
 4508  psychological problem, the court may, in addition to any other
 4509  conditions imposed, impose a condition requiring the probationer
 4510  or community controllee to participate in a treatment program
 4511  capable of treating the probationer or community controllee’s
 4512  mental illness, traumatic brain injury, substance abuse
 4513  disorder, or psychological problem.
 4514         (2) Effective for a probationer or community controllee
 4515  whose crime was committed on or after July 1, 2015, and who is a
 4516  veteran, as defined in s. 1.01, including a veteran who was
 4517  discharged or released under a general discharge, or a
 4518  servicemember, as defined in s. 250.01, who suffers from a
 4519  military service-related mental illness, traumatic brain injury,
 4520  substance abuse disorder, or psychological problem, the court
 4521  may impose, in addition to any other conditions imposed, a
 4522  condition requiring the probationer or community controllee to
 4523  participate in a treatment program established to treat the
 4524  probationer or community controllee’s mental illness, traumatic
 4525  brain injury, substance abuse disorder, or psychological
 4526  problem.
 4527         (3) The court shall give preference to treatment programs
 4528  for which the probationer or community controllee is eligible
 4529  through the United States Department of Veterans Affairs or the
 4530  Florida Department of Veterans’ Affairs. The Department of
 4531  Corrections is not required to spend state funds to implement
 4532  this section.
 4533         Section 42. Paragraph (l) is added to subsection (3) of
 4534  section 1002.20, Florida Statutes, to read:
 4535         1002.20 K-12 student and parent rights.—Parents of public
 4536  school students must receive accurate and timely information
 4537  regarding their child’s academic progress and must be informed
 4538  of ways they can help their child to succeed in school. K-12
 4539  students and their parents are afforded numerous statutory
 4540  rights including, but not limited to, the following:
 4541         (3) HEALTH ISSUES.—
 4542         (l) Notification of involuntary examinations.—The public
 4543  school principal or the principal’s designee shall immediately
 4544  notify the parent of a student who is removed from school,
 4545  school transportation, or a school-sponsored activity and taken
 4546  to a receiving facility for an involuntary examination pursuant
 4547  to s. 394.463. The principal or the principal’s designee may
 4548  delay notification for no more than 24 hours after the student
 4549  is removed from school if the principal or designee deems the
 4550  delay to be in the student’s best interest and if a report has
 4551  been submitted to the central abuse hotline, pursuant to s.
 4552  39.201, based upon knowledge or suspicion of abuse, abandonment,
 4553  or neglect. Each district school board shall develop a policy
 4554  and procedures for notification under this paragraph.
 4555         Section 43. Paragraph (q) is added to subsection (9) of
 4556  section 1002.33, Florida Statutes, to read:
 4557         1002.33 Charter schools.—
 4558         (9) CHARTER SCHOOL REQUIREMENTS.—
 4559         (q) The charter school principal or the principal’s
 4560  designee shall immediately notify the parent of a student who is
 4561  removed from school, school transportation, or a school
 4562  sponsored activity and taken to a receiving facility for an
 4563  involuntary examination pursuant to s. 394.463. The principal or
 4564  the principal’s designee may delay notification for no more than
 4565  24 hours after the student is removed from school if the
 4566  principal or designee deems the delay to be in the student’s
 4567  best interest and if a report has been submitted to the central
 4568  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 4569  suspicion of abuse, abandonment, or neglect. Each charter school
 4570  governing board shall develop a policy and procedures for
 4571  notification under this paragraph.
 4572         Section 44. Effective July 1, 2016, paragraph (a) of
 4573  subsection (3) of section 39.407, Florida Statutes, is amended
 4574  to read:
 4575         39.407 Medical, psychiatric, and psychological examination
 4576  and treatment of child; physical, mental, or substance abuse
 4577  examination of person with or requesting child custody.—
 4578         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 4579  or paragraph (e), before the department provides psychotropic
 4580  medications to a child in its custody, the prescribing physician
 4581  shall attempt to obtain express and informed consent, as defined
 4582  in s. 394.455(13) s. 394.455(9) and as described in s.
 4583  394.459(4)(a) s. 394.459(3)(a), from the child’s parent or legal
 4584  guardian. The department must take steps necessary to facilitate
 4585  the inclusion of the parent in the child’s consultation with the
 4586  physician. However, if the parental rights of the parent have
 4587  been terminated, the parent’s location or identity is unknown or
 4588  cannot reasonably be ascertained, or the parent declines to give
 4589  express and informed consent, the department may, after
 4590  consultation with the prescribing physician, seek court
 4591  authorization to provide the psychotropic medications to the
 4592  child. Unless parental rights have been terminated and if it is
 4593  possible to do so, the department shall continue to involve the
 4594  parent in the decisionmaking process regarding the provision of
 4595  psychotropic medications. If, at any time, a parent whose
 4596  parental rights have not been terminated provides express and
 4597  informed consent to the provision of a psychotropic medication,
 4598  the requirements of this section that the department seek court
 4599  authorization do not apply to that medication until such time as
 4600  the parent no longer consents.
 4601         2. Any time the department seeks a medical evaluation to
 4602  determine the need to initiate or continue a psychotropic
 4603  medication for a child, the department must provide to the
 4604  evaluating physician all pertinent medical information known to
 4605  the department concerning that child.
 4606         Section 45. Effective July 1, 2016, subsection (2) of
 4607  section 394.4612, Florida Statutes, is amended to read:
 4608         394.4612 Integrated adult mental health crisis
 4609  stabilization and addictions receiving facilities.—
 4610         (2) An integrated mental health crisis stabilization unit
 4611  and addictions receiving facility may provide services under
 4612  this section to adults who are 18 years of age or older and who
 4613  fall into one or more of the following categories:
 4614         (a) An adult meeting the requirements for voluntary
 4615  admission for mental health treatment under s. 394.4625.
 4616         (b) An adult meeting the criteria for involuntary
 4617  examination for mental illness under s. 394.463.
 4618         (c) An adult qualifying for voluntary admission for
 4619  substance abuse treatment under s. 394.4625 s. 397.601.
 4620         (d) An adult meeting the criteria for involuntary admission
 4621  for substance abuse impairment under s. 394.463 s. 397.675.
 4622         Section 46. Effective July 1, 2016, paragraphs (a) and (c)
 4623  of subsection (3) of section 394.495, Florida Statutes, are
 4624  amended to read:
 4625         394.495 Child and adolescent mental health system of care;
 4626  programs and services.—
 4627         (3) Assessments must be performed by:
 4628         (a) A professional as defined in s. 394.455(6), (31), (34),
 4629  (35), or (36) s. 394.455(2), (4), (21), (23), or (24);
 4630         (c) A person who is under the direct supervision of a
 4631  professional as defined in s. 394.455(6), (31), (34), (35), or
 4632  (36) s. 394.455(2), (4), (21), (23), or (24) or a professional
 4633  licensed under chapter 491.
 4634  
 4635  The department shall adopt by rule statewide standards for
 4636  mental health assessments, which must be based on current
 4637  relevant professional and accreditation standards.
 4638         Section 47. Effective July 1, 2016, subsection (6) of
 4639  section 394.496, Florida Statutes, is amended to read:
 4640         394.496 Service planning.—
 4641         (6) A professional as defined in s. 394.455(6), (31), (34),
 4642  (35), or (36) s. 394.455(2), (4), (21), (23), or (24) or a
 4643  professional licensed under chapter 491 must be included among
 4644  those persons developing the services plan.
 4645         Section 48. Effective July 1, 2016, subsection (2) of
 4646  section 394.499, Florida Statutes, is amended to read:
 4647         394.499 Integrated children’s crisis stabilization
 4648  unit/juvenile addictions receiving facility services.—
 4649         (2) Children eligible to receive integrated children’s
 4650  crisis stabilization unit/juvenile addictions receiving facility
 4651  services include:
 4652         (a) A person under 18 years of age for whom voluntary
 4653  application is made by his or her guardian, if such person is
 4654  found to show evidence of mental illness and to be suitable for
 4655  treatment pursuant to s. 394.4625. A person under 18 years of
 4656  age may be admitted for integrated facility services only after
 4657  a hearing to verify that the consent to admission is voluntary.
 4658         (b) A person under 18 years of age who may be taken to a
 4659  receiving facility for involuntary examination, if there is
 4660  reason to believe that he or she is mentally ill and because of
 4661  his or her mental illness, pursuant to s. 394.463:
 4662         1. Has refused voluntary examination after conscientious
 4663  explanation and disclosure of the purpose of the examination; or
 4664         2. Is unable to determine for himself or herself whether
 4665  examination is necessary; and
 4666         a. Without care or treatment is likely to suffer from
 4667  neglect or refuse to care for himself or herself; such neglect
 4668  or refusal poses a real and present threat of substantial harm
 4669  to his or her well-being; and it is not apparent that such harm
 4670  may be avoided through the help of willing family members or
 4671  friends or the provision of other services; or
 4672         b. There is a substantial likelihood that without care or
 4673  treatment he or she will cause serious bodily harm to himself or
 4674  herself or others in the near future, as evidenced by recent
 4675  behavior.
 4676         (c) A person under 18 years of age who wishes to enter
 4677  treatment for substance abuse and applies to a service provider
 4678  for voluntary admission, pursuant to s. 394.4625(1)(a) s.
 4679  397.601.
 4680         (d) A person under 18 years of age who meets the criteria
 4681  for involuntary admission because there is good faith reason to
 4682  believe the person is substance abuse impaired pursuant to s.
 4683  397.675 and, because of such impairment:
 4684         1. Has lost the power of self-control with respect to
 4685  substance use; and
 4686         2.a. Has inflicted, or threatened or attempted to inflict,
 4687  or unless admitted is likely to inflict, physical harm on
 4688  himself or herself or another; or
 4689         b. Is in need of substance abuse services and, by reason of
 4690  substance abuse impairment, his or her judgment has been so
 4691  impaired that the person is incapable of appreciating his or her
 4692  need for such services and of making a rational decision in
 4693  regard thereto; however, mere refusal to receive such services
 4694  does not constitute evidence of lack of judgment with respect to
 4695  his or her need for such services.
 4696         (d)(e) A person under 18 years of age who meets the
 4697  criteria for examination or admission under paragraph (b) or
 4698  paragraph (d) and has a coexisting mental health and substance
 4699  abuse disorder.
 4700         Section 49. Effective July 1, 2016, subsection (18) of
 4701  section 394.67, Florida Statutes, is amended to read:
 4702         394.67 Definitions.—As used in this part, the term:
 4703         (18) “Person who is experiencing an acute substance abuse
 4704  crisis” means a child, adolescent, or adult who is experiencing
 4705  a medical or emotional crisis because of the use of alcoholic
 4706  beverages or any psychoactive or mood-altering substance. The
 4707  term includes an individual who meets the criteria for
 4708  involuntary admission specified in s. 394.463 s. 397.675.
 4709         Section 50. Effective July 1, 2016, subsection (2) of
 4710  section 394.674, Florida Statutes, is amended to read:
 4711         394.674 Eligibility for publicly funded substance abuse and
 4712  mental health services; fee collection requirements.—
 4713         (2) Crisis services, as defined in s. 394.67, must, within
 4714  the limitations of available state and local matching resources,
 4715  be available to each person who is eligible for services under
 4716  subsection (1), regardless of the person’s ability to pay for
 4717  such services. A person who is experiencing a mental health
 4718  crisis and who does not meet the criteria for involuntary
 4719  examination under s. 394.463(1), or a person who is experiencing
 4720  a substance abuse crisis and who does not meet the involuntary
 4721  admission criteria in s. 394.463 s. 397.675, must contribute to
 4722  the cost of his or her care and treatment pursuant to the
 4723  sliding fee scale developed under subsection (4), unless
 4724  charging a fee is contraindicated because of the crisis
 4725  situation.
 4726         Section 51. Effective July 1, 2016, subsection (6) of
 4727  section 394.9085, Florida Statutes, is amended to read:
 4728         394.9085 Behavioral provider liability.—
 4729         (6) For purposes of this section, the terms “detoxification
 4730  services,” “addictions receiving facility,” and “receiving
 4731  facility” have the same meanings as those provided in ss.
 4732  397.311(18)(a)4., 397.311(18)(a)1., and 394.455(27) 394.455(26),
 4733  respectively.
 4734         Section 52. Effective July 1, 2016, subsection (11) and
 4735  paragraph (a) of subsection (18) of section 397.311, Florida
 4736  Statutes, are amended to read:
 4737         397.311 Definitions.—As used in this chapter, except part
 4738  VIII, the term:
 4739         (11) “Habitual abuser” means a person who is brought to the
 4740  attention of law enforcement for being substance impaired, who
 4741  meets the criteria for involuntary admission in s.394.463 s.
 4742  397.675, and who has been taken into custody for such impairment
 4743  three or more times during the preceding 12 months.
 4744         (18) Licensed service components include a comprehensive
 4745  continuum of accessible and quality substance abuse prevention,
 4746  intervention, and clinical treatment services, including the
 4747  following services:
 4748         (a) “Clinical treatment” means a professionally directed,
 4749  deliberate, and planned regimen of services and interventions
 4750  that are designed to reduce or eliminate the misuse of drugs and
 4751  alcohol and promote a healthy, drug-free lifestyle. As defined
 4752  by rule, “clinical treatment services” include, but are not
 4753  limited to, the following licensable service components:
 4754         1. “Addictions receiving facility” is a secure, acute care
 4755  facility that provides, at a minimum, detoxification and
 4756  stabilization services and; is operated 24 hours per day, 7 days
 4757  per week; and is designated by the department to serve
 4758  individuals found to be substance use impaired as described in
 4759  s. 394.463 s. 397.675 who meet the placement criteria for this
 4760  component.
 4761         2. “Day or night treatment” is a service provided in a
 4762  nonresidential environment, with a structured schedule of
 4763  treatment and rehabilitative services.
 4764         3. “Day or night treatment with community housing” means a
 4765  program intended for individuals who can benefit from living
 4766  independently in peer community housing while participating in
 4767  treatment services for a minimum of 5 hours a day for a minimum
 4768  of 25 hours per week.
 4769         4. “Detoxification” is a service involving subacute care
 4770  that is provided on an inpatient or an outpatient basis to
 4771  assist individuals to withdraw from the physiological and
 4772  psychological effects of substance abuse and who meet the
 4773  placement criteria for this component.
 4774         5. “Intensive inpatient treatment” includes a planned
 4775  regimen of evaluation, observation, medical monitoring, and
 4776  clinical protocols delivered through an interdisciplinary team
 4777  approach provided 24-hours-per-day 24 hours per day, 7-days-per
 4778  week 7 days per week, in a highly structured, live-in
 4779  environment.
 4780         6. “Intensive outpatient treatment” is a service that
 4781  provides individual or group counseling in a more structured
 4782  environment, is of higher intensity and duration than outpatient
 4783  treatment, and is provided to individuals who meet the placement
 4784  criteria for this component.
 4785         7. “Medication-assisted treatment for opiate addiction” is
 4786  a service that uses methadone or other medication as authorized
 4787  by state and federal law, in combination with medical,
 4788  rehabilitative, and counseling services in the treatment of
 4789  individuals who are dependent on opioid drugs.
 4790         8. “Outpatient treatment” is a service that provides
 4791  individual, group, or family counseling by appointment during
 4792  scheduled operating hours for individuals who meet the placement
 4793  criteria for this component.
 4794         9. “Residential treatment” is a service provided in a
 4795  structured live-in environment within a nonhospital setting on a
 4796  24-hours-per-day, 7-days-per-week basis, and is intended for
 4797  individuals who meet the placement criteria for this component.
 4798         Section 53. Effective July 1, 2016, paragraph (b) of
 4799  subsection (2) of section 397.702, Florida Statutes, is amended
 4800  to read:
 4801         397.702 Authorization of local ordinances for treatment of
 4802  habitual abusers in licensed secure facilities.—
 4803         (2) Ordinances for the treatment of habitual abusers must
 4804  provide:
 4805         (b) That when seeking treatment of a habitual abuser, the
 4806  county or municipality, through an officer or agent specified in
 4807  the ordinance, must file with the court a petition which alleges
 4808  the following information about the alleged habitual abuser (the
 4809  respondent):
 4810         1. The name, address, age, and gender of the respondent.
 4811         2. The name of any spouse, adult child, other relative, or
 4812  guardian of the respondent, if known to the petitioner, and the
 4813  efforts, if any, by the petitioner, if any, to ascertain this
 4814  information.
 4815         3. The name of the petitioner, the name of the person who
 4816  has physical custody of the respondent, and the current location
 4817  of the respondent.
 4818         4. That the respondent has been taken into custody for
 4819  impairment in a public place, or has been arrested for an
 4820  offense committed while impaired, three or more times during the
 4821  preceding 12 months.
 4822         5. Specific facts indicating that the respondent meets the
 4823  criteria for involuntary admission in s. 394.463 s. 397.675.
 4824         6. Whether the respondent was advised of his or her right
 4825  to be represented by counsel and to request that the court
 4826  appoint an attorney if he or she is unable to afford one, and
 4827  whether the respondent indicated to petitioner his or her desire
 4828  to have an attorney appointed.
 4829         Section 54. Section 402.3057, Florida Statutes, is amended
 4830  to read:
 4831         402.3057 Persons not required to be refingerprinted or
 4832  rescreened.—Any provision of law to the contrary
 4833  notwithstanding, human resource personnel who have been
 4834  fingerprinted or screened pursuant to chapters 393, 394, 397,
 4835  402, and 409, and teachers and noninstructional personnel who
 4836  have been fingerprinted pursuant to chapter 1012, who have not
 4837  been unemployed for more than 90 days thereafter, and who under
 4838  the penalty of perjury attest to the completion of such
 4839  fingerprinting or screening and to compliance with the
 4840  provisions of this section and the standards for good moral
 4841  character as contained in such provisions as ss. 110.1127(2)(c),
 4842  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
 4843  shall not be required to be refingerprinted or rescreened in
 4844  order to comply with any caretaker screening or fingerprinting
 4845  requirements.
 4846         Section 55. Section 409.1757, Florida Statutes, is amended
 4847  to read:
 4848         409.1757 Persons not required to be refingerprinted or
 4849  rescreened.—Any law to the contrary notwithstanding, human
 4850  resource personnel who have been fingerprinted or screened
 4851  pursuant to chapters 393, 394, 397, 402, and this chapter,
 4852  teachers who have been fingerprinted pursuant to chapter 1012,
 4853  and law enforcement officers who meet the requirements of s.
 4854  943.13, who have not been unemployed for more than 90 days
 4855  thereafter, and who under the penalty of perjury attest to the
 4856  completion of such fingerprinting or screening and to compliance
 4857  with this section and the standards for good moral character as
 4858  contained in such provisions as ss. 110.1127(2)(c), 393.0655(1),
 4859  394.457(6), 397.451, 402.305(2), 409.175(6), and 943.13(7), are
 4860  not required to be refingerprinted or rescreened in order to
 4861  comply with any caretaker screening or fingerprinting
 4862  requirements.
 4863         Section 56. Effective July 1, 2016, paragraph (b) of
 4864  subsection (1) of section 409.972, Florida Statutes, is amended
 4865  to read:
 4866         409.972 Mandatory and voluntary enrollment.—
 4867         (1) The following Medicaid-eligible persons are exempt from
 4868  mandatory managed care enrollment required by s. 409.965, and
 4869  may voluntarily choose to participate in the managed medical
 4870  assistance program:
 4871         (b) Medicaid recipients residing in residential commitment
 4872  facilities operated through the Department of Juvenile Justice
 4873  or mental health treatment facilities as defined by s.
 4874  394.455(47) s. 394.455(32).
 4875         Section 57. Effective July 1, 2016, subsection (7) of
 4876  section 744.704, Florida Statutes, is amended to read:
 4877         744.704 Powers and duties.—
 4878         (7) A public guardian shall not commit a ward to a mental
 4879  health treatment facility, as defined in s. 394.455(47) s.
 4880  394.455(32), without an involuntary placement proceeding as
 4881  provided by law.
 4882         Section 58. Effective July 1, 2016, paragraph (a) of
 4883  subsection (2) of section 790.065, Florida Statutes, is amended
 4884  to read:
 4885         790.065 Sale and delivery of firearms.—
 4886         (2) Upon receipt of a request for a criminal history record
 4887  check, the Department of Law Enforcement shall, during the
 4888  licensee’s call or by return call, forthwith:
 4889         (a) Review any records available to determine if the
 4890  potential buyer or transferee:
 4891         1. Has been convicted of a felony and is prohibited from
 4892  receipt or possession of a firearm pursuant to s. 790.23;
 4893         2. Has been convicted of a misdemeanor crime of domestic
 4894  violence, and therefore is prohibited from purchasing a firearm;
 4895         3. Has had adjudication of guilt withheld or imposition of
 4896  sentence suspended on any felony or misdemeanor crime of
 4897  domestic violence unless 3 years have elapsed since probation or
 4898  any other conditions set by the court have been fulfilled or
 4899  expunction has occurred; or
 4900         4. Has been adjudicated mentally defective or has been
 4901  committed to a mental institution by a court or as provided in
 4902  sub-sub-subparagraph b.(II), and as a result is prohibited by
 4903  state or federal law from purchasing a firearm.
 4904         a. As used in this subparagraph, “adjudicated mentally
 4905  defective” means a determination by a court that a person, as a
 4906  result of marked subnormal intelligence, or mental illness,
 4907  incompetency, condition, or disease, is a danger to himself or
 4908  herself or to others or lacks the mental capacity to contract or
 4909  manage his or her own affairs. The phrase includes a judicial
 4910  finding of incapacity under s. 744.331(6)(a), an acquittal by
 4911  reason of insanity of a person charged with a criminal offense,
 4912  and a judicial finding that a criminal defendant is not
 4913  competent to stand trial.
 4914         b. As used in this subparagraph, “committed to a mental
 4915  institution” means:
 4916         (I) Involuntary commitment, commitment for mental
 4917  defectiveness or mental illness, and commitment for substance
 4918  abuse. The phrase includes involuntary inpatient placement as
 4919  defined in s. 394.467, involuntary outpatient placement as
 4920  defined in s. 394.4655, involuntary assessment and stabilization
 4921  under s. 394.463(2)(g) s. 397.6818, or and involuntary substance
 4922  abuse treatment under s. 394.463 s. 397.6957, but does not
 4923  include a person in a mental institution for observation or
 4924  discharged from a mental institution based upon the initial
 4925  review by the physician or a voluntary admission to a mental
 4926  institution; or
 4927         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 4928  admission to a mental institution for outpatient or inpatient
 4929  treatment of a person who had an involuntary examination under
 4930  s. 394.463, where each of the following conditions have been
 4931  met:
 4932         (A) An examining physician found that the person is an
 4933  imminent danger to himself or herself or others.
 4934         (B) The examining physician certified that if the person
 4935  did not agree to voluntary treatment, a petition for involuntary
 4936  outpatient or inpatient treatment would have been filed under s.
 4937  394.463(2)(g) s. 394.463(2)(i)4., or the examining physician
 4938  certified that a petition was filed and the person subsequently
 4939  agreed to voluntary treatment prior to a court hearing on the
 4940  petition.
 4941         (C) Before agreeing to voluntary treatment, the person
 4942  received written notice of that finding and certification, and
 4943  written notice that as a result of such finding, he or she may
 4944  be prohibited from purchasing a firearm, and may not be eligible
 4945  to apply for or retain a concealed weapon or firearms license
 4946  under s. 790.06 and the person acknowledged such notice in
 4947  writing, in substantially the following form:
 4948  
 4949         “I understand that the doctor who examined me believes I am
 4950  a danger to myself or to others. I understand that if I do not
 4951  agree to voluntary treatment, a petition will be filed in court
 4952  to require me to receive involuntary treatment. I understand
 4953  that if that petition is filed, I have the right to contest it.
 4954  In the event a petition has been filed, I understand that I can
 4955  subsequently agree to voluntary treatment prior to a court
 4956  hearing. I understand that by agreeing to voluntary treatment in
 4957  either of these situations, I may be prohibited from buying
 4958  firearms and from applying for or retaining a concealed weapons
 4959  or firearms license until I apply for and receive relief from
 4960  that restriction under Florida law.”
 4961  
 4962         (D) A judge or a magistrate has, pursuant to sub-sub
 4963  subparagraph c.(II), reviewed the record of the finding,
 4964  certification, notice, and written acknowledgment classifying
 4965  the person as an imminent danger to himself or herself or
 4966  others, and ordered that such record be submitted to the
 4967  department.
 4968         c. In order to check for these conditions, the department
 4969  shall compile and maintain an automated database of persons who
 4970  are prohibited from purchasing a firearm based on court records
 4971  of adjudications of mental defectiveness or commitments to
 4972  mental institutions.
 4973         (I) Except as provided in sub-sub-subparagraph (II), clerks
 4974  of court shall submit these records to the department within 1
 4975  month after the rendition of the adjudication or commitment.
 4976  Reports shall be submitted in an automated format. The reports
 4977  must, at a minimum, include the name, along with any known alias
 4978  or former name, the sex, and the date of birth of the subject.
 4979         (II) For persons committed to a mental institution pursuant
 4980  to sub-sub-subparagraph b.(II), within 24 hours after the
 4981  person’s agreement to voluntary admission, a record of the
 4982  finding, certification, notice, and written acknowledgment must
 4983  be filed by the administrator of the receiving or treatment
 4984  facility, as defined in s. 394.455, with the clerk of the court
 4985  for the county in which the involuntary examination under s.
 4986  394.463 occurred. No fee shall be charged for the filing under
 4987  this sub-sub-subparagraph. The clerk must present the records to
 4988  a judge or magistrate within 24 hours after receipt of the
 4989  records. A judge or magistrate is required and has the lawful
 4990  authority to review the records ex parte and, if the judge or
 4991  magistrate determines that the record supports the classifying
 4992  of the person as an imminent danger to himself or herself or
 4993  others, to order that the record be submitted to the department.
 4994  If a judge or magistrate orders the submittal of the record to
 4995  the department, the record must be submitted to the department
 4996  within 24 hours.
 4997         d. A person who has been adjudicated mentally defective or
 4998  committed to a mental institution, as those terms are defined in
 4999  this paragraph, may petition the circuit court that made the
 5000  adjudication or commitment, or the court that ordered that the
 5001  record be submitted to the department pursuant to sub-sub
 5002  subparagraph c.(II), for relief from the firearm disabilities
 5003  imposed by such adjudication or commitment. A copy of the
 5004  petition shall be served on the state attorney for the county in
 5005  which the person was adjudicated or committed. The state
 5006  attorney may object to and present evidence relevant to the
 5007  relief sought by the petition. The hearing on the petition may
 5008  be open or closed as the petitioner may choose. The petitioner
 5009  may present evidence and subpoena witnesses to appear at the
 5010  hearing on the petition. The petitioner may confront and cross
 5011  examine witnesses called by the state attorney. A record of the
 5012  hearing shall be made by a certified court reporter or by court
 5013  approved electronic means. The court shall make written findings
 5014  of fact and conclusions of law on the issues before it and issue
 5015  a final order. The court shall grant the relief requested in the
 5016  petition if the court finds, based on the evidence presented
 5017  with respect to the petitioner’s reputation, the petitioner’s
 5018  mental health record and, if applicable, criminal history
 5019  record, the circumstances surrounding the firearm disability,
 5020  and any other evidence in the record, that the petitioner will
 5021  not be likely to act in a manner that is dangerous to public
 5022  safety and that granting the relief would not be contrary to the
 5023  public interest. If the final order denies relief, the
 5024  petitioner may not petition again for relief from firearm
 5025  disabilities until 1 year after the date of the final order. The
 5026  petitioner may seek judicial review of a final order denying
 5027  relief in the district court of appeal having jurisdiction over
 5028  the court that issued the order. The review shall be conducted
 5029  de novo. Relief from a firearm disability granted under this
 5030  sub-subparagraph has no effect on the loss of civil rights,
 5031  including firearm rights, for any reason other than the
 5032  particular adjudication of mental defectiveness or commitment to
 5033  a mental institution from which relief is granted.
 5034         e. Upon receipt of proper notice of relief from firearm
 5035  disabilities granted under sub-subparagraph d., the department
 5036  shall delete any mental health record of the person granted
 5037  relief from the automated database of persons who are prohibited
 5038  from purchasing a firearm based on court records of
 5039  adjudications of mental defectiveness or commitments to mental
 5040  institutions.
 5041         f. The department is authorized to disclose data collected
 5042  pursuant to this subparagraph to agencies of the Federal
 5043  Government and other states for use exclusively in determining
 5044  the lawfulness of a firearm sale or transfer. The department is
 5045  also authorized to disclose this data to the Department of
 5046  Agriculture and Consumer Services for purposes of determining
 5047  eligibility for issuance of a concealed weapons or concealed
 5048  firearms license and for determining whether a basis exists for
 5049  revoking or suspending a previously issued license pursuant to
 5050  s. 790.06(10). When a potential buyer or transferee appeals a
 5051  nonapproval based on these records, the clerks of court and
 5052  mental institutions shall, upon request by the department,
 5053  provide information to help determine whether the potential
 5054  buyer or transferee is the same person as the subject of the
 5055  record. Photographs and any other data that could confirm or
 5056  negate identity must be made available to the department for
 5057  such purposes, notwithstanding any other provision of state law
 5058  to the contrary. Any such information that is made confidential
 5059  or exempt from disclosure by law shall retain such confidential
 5060  or exempt status when transferred to the department.
 5061         Section 59. Effective July 1, 2016, section 397.601,
 5062  Florida Statutes, which composes part IV of chapter 397, Florida
 5063  Statutes, is repealed.
 5064         Section 60. Effective July 1, 2016, sections 397.675,
 5065  397.6751, 397.6752, 397.6758, 397.6759, 397.677, 397.6771,
 5066  397.6772, 397.6773, 397.6774, 397.6775, 397.679, 397.6791,
 5067  397.6793, 397.6795, 397.6797, 397.6798, 397.6799, 397.681,
 5068  397.6811, 397.6814, 397.6815, 397.6818, 397.6819, 397.6821,
 5069  397.6822, 397.693, 397.695, 397.6951, 397.6955, 397.6957,
 5070  397.697, 397.6971, 397.6975, and 397.6977, Florida Statutes,
 5071  which compose part V of chapter 397, Florida Statutes, are
 5072  repealed.
 5073         Section 61. For the purpose of incorporating the amendment
 5074  made by this act to section 394.4599, Florida Statutes, in a
 5075  reference thereto, subsection (1) of section 394.4685, Florida
 5076  Statutes, is reenacted to read:
 5077         394.4685 Transfer of patients among facilities.—
 5078         (1) TRANSFER BETWEEN PUBLIC FACILITIES.—
 5079         (a) A patient who has been admitted to a public receiving
 5080  facility, or the family member, guardian, or guardian advocate
 5081  of such patient, may request the transfer of the patient to
 5082  another public receiving facility. A patient who has been
 5083  admitted to a public treatment facility, or the family member,
 5084  guardian, or guardian advocate of such patient, may request the
 5085  transfer of the patient to another public treatment facility.
 5086  Depending on the medical treatment or mental health treatment
 5087  needs of the patient and the availability of appropriate
 5088  facility resources, the patient may be transferred at the
 5089  discretion of the department. If the department approves the
 5090  transfer of an involuntary patient, notice according to the
 5091  provisions of s. 394.4599 shall be given prior to the transfer
 5092  by the transferring facility. The department shall respond to
 5093  the request for transfer within 2 working days after receipt of
 5094  the request by the facility administrator.
 5095         (b) When required by the medical treatment or mental health
 5096  treatment needs of the patient or the efficient utilization of a
 5097  public receiving or public treatment facility, a patient may be
 5098  transferred from one receiving facility to another, or one
 5099  treatment facility to another, at the department’s discretion,
 5100  or, with the express and informed consent of the patient or the
 5101  patient’s guardian or guardian advocate, to a facility in
 5102  another state. Notice according to the provisions of s. 394.4599
 5103  shall be given prior to the transfer by the transferring
 5104  facility. If prior notice is not possible, notice of the
 5105  transfer shall be provided as soon as practicable after the
 5106  transfer.
 5107         Section 62. For the purpose of incorporating the amendment
 5108  made by this act to section 394.4599, Florida Statutes, in a
 5109  reference thereto, subsection (2) of section 394.469, Florida
 5110  Statutes, is reenacted to read:
 5111         394.469 Discharge of involuntary patients.—
 5112         (2) NOTICE.—Notice of discharge or transfer of a patient
 5113  shall be given as provided in s. 394.4599.
 5114         Section 63. Subsections (1), (4), (5), and (6) of section
 5115  394.492, Florida Statutes, are amended to read:
 5116         394.492 Definitions.—As used in ss. 394.490-394.497, the
 5117  term:
 5118         (1) “Adolescent” means a person who is at least 13 years of
 5119  age but under 18 21 years of age.
 5120         (4) “Child or adolescent at risk of emotional disturbance”
 5121  means a person under 18 21 years of age who has an increased
 5122  likelihood of becoming emotionally disturbed because of risk
 5123  factors that include, but are not limited to:
 5124         (a) Being homeless.
 5125         (b) Having a family history of mental illness.
 5126         (c) Being physically or sexually abused or neglected.
 5127         (d) Abusing alcohol or other substances.
 5128         (e) Being infected with human immunodeficiency virus (HIV).
 5129         (f) Having a chronic and serious physical illness.
 5130         (g) Having been exposed to domestic violence.
 5131         (h) Having multiple out-of-home placements.
 5132         (5) “Child or adolescent who has an emotional disturbance”
 5133  means a person under 21 18 years of age who is diagnosed with a
 5134  mental, emotional, or behavioral disorder of sufficient duration
 5135  to meet one of the diagnostic categories specified in the most
 5136  recent edition of the Diagnostic and Statistical Manual of the
 5137  American Psychiatric Association, but who does not exhibit
 5138  behaviors that substantially interfere with or limit his or her
 5139  role or ability to function in the family, school, or community.
 5140  The emotional disturbance must not be considered to be a
 5141  temporary response to a stressful situation. The term does not
 5142  include a child or adolescent who meets the criteria for
 5143  involuntary placement under s. 394.467(1).
 5144         (6) “Child or adolescent who has a serious emotional
 5145  disturbance or mental illness” means a person under 18 21 years
 5146  of age who:
 5147         (a) Is diagnosed as having a mental, emotional, or
 5148  behavioral disorder that meets one of the diagnostic categories
 5149  specified in the most recent edition of the Diagnostic and
 5150  Statistical Manual of Mental Disorders of the American
 5151  Psychiatric Association; and
 5152         (b) Exhibits behaviors that substantially interfere with or
 5153  limit his or her role or ability to function in the family,
 5154  school, or community, which behaviors are not considered to be a
 5155  temporary response to a stressful situation.
 5156  
 5157  The term includes a child or adolescent who meets the criteria
 5158  for involuntary placement under s. 394.467(1).
 5159         Section 64. Section 394.761, Florida Statutes, is created
 5160  to read:
 5161         394.761 Revenue maximization.—The agency and the department
 5162  shall develop a plan to obtain federal approval for increasing
 5163  the availability of federal Medicaid funding for behavioral
 5164  health care. The plan must give preference to quality
 5165  improvement organizations as defined in the Social Security Act,
 5166  42 U.S.C. s. 1320c-1. Increased funding will be used to advance
 5167  the goal of improved integration of behavioral health and
 5168  primary care services through development and effective
 5169  implementation of coordinated care organizations as described in
 5170  s. 394.9082(3). The agency and the department shall submit the
 5171  written plan to the President of the Senate and the Speaker of
 5172  the House of Representatives no later than November 1, 2015. The
 5173  plan shall identify the amount of general revenue funding
 5174  appropriated for mental health and substance abuse services
 5175  which is eligible to be used as state Medicaid match. The plan
 5176  must evaluate alternative uses of increased Medicaid funding,
 5177  including expansion of Medicaid eligibility for the severely and
 5178  persistently mentally ill; increased reimbursement rates for
 5179  behavioral health services; adjustments to the capitation rate
 5180  for Medicaid enrollees with chronic mental illness and substance
 5181  use disorders; supplemental payments to mental health and
 5182  substance abuse providers through a designated state health
 5183  program or other mechanisms; and innovative programs for
 5184  incentivizing improved outcomes for behavioral health
 5185  conditions. The plan shall identify the advantages and
 5186  disadvantages of each alternative and assess the potential of
 5187  each for achieving improved integration of services. The plan
 5188  shall identify the types of federal approvals necessary to
 5189  implement each alternative and project a timeline for
 5190  implementation.
 5191         Section 65. Effective upon this act becoming law, section
 5192  394.9082, Florida Statutes, is amended to read:
 5193         394.9082 Behavioral health managing entities.—
 5194         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 5195  that untreated behavioral health disorders constitute major
 5196  health problems for residents of this state, are a major
 5197  economic burden to the citizens of this state, and substantially
 5198  increase demands on the state’s juvenile and adult criminal
 5199  justice systems, the child welfare system, and health care
 5200  systems. The Legislature finds that behavioral health disorders
 5201  respond to appropriate treatment, rehabilitation, and supportive
 5202  intervention. The Legislature finds that the state’s return on
 5203  its it has made a substantial long-term investment in the
 5204  funding of the community-based behavioral health prevention and
 5205  treatment service systems and facilities can be enhanced by
 5206  integration of these services with primary care in order to
 5207  provide critical emergency, acute care, residential, outpatient,
 5208  and rehabilitative and recovery-based services. The Legislature
 5209  finds that local communities have also made substantial
 5210  investments in behavioral health services, contracting with
 5211  safety net providers who by mandate and mission provide
 5212  specialized services to vulnerable and hard-to-serve populations
 5213  and have strong ties to local public health and public safety
 5214  agencies. The Legislature finds that a regional management
 5215  structure that facilitates a comprehensive and cohesive system
 5216  of coordinated care for places the responsibility for publicly
 5217  financed behavioral health treatment and prevention services
 5218  within a single private, nonprofit entity at the local level
 5219  will improve promote improved access to care, promote service
 5220  continuity, and provide for more efficient and effective
 5221  delivery of substance abuse and mental health services. The
 5222  Legislature finds that streamlining administrative processes
 5223  will create cost efficiencies and provide flexibility to better
 5224  match available services to consumers’ identified needs.
 5225         (2) DEFINITIONS.—As used in this section, the term:
 5226         (a) “Behavioral health services” means mental health
 5227  services and substance abuse prevention and treatment services
 5228  as defined in this chapter and chapter 397 which are provided
 5229  using state and federal funds.
 5230         (b) “Decisionmaking model” means a comprehensive management
 5231  information system needed to answer the following management
 5232  questions at the federal, state, regional, circuit, and local
 5233  provider levels: who receives what services from which providers
 5234  with what outcomes and at what costs?
 5235         (b)(c) “Geographic area” means a county, circuit, regional,
 5236  or a region as described in s. 409.966 multiregional area in
 5237  this state.
 5238         (c) “Managed behavioral health organization” means a
 5239  Medicaid managed care organization currently under contract with
 5240  the Medicaid managed medical assistance program in this state
 5241  pursuant to part IV, including a managed care organization
 5242  operating as a behavioral health specialty plan.
 5243         (d) “Managing entity” means a corporation that is organized
 5244  in this state, is designated or filed as a nonprofit
 5245  organization under s. 501(c)(3) of the Internal Revenue Code,
 5246  and is under contract to selected by the department to execute
 5247  the administrative duties specified in subsection (3) to
 5248  facilitate the manage the day-to-day operational delivery of
 5249  behavioral health services through an organized a coordinated
 5250  system of care.
 5251         (e) “Provider networks” mean the direct service agencies
 5252  that are under contract with a managing entity to provide
 5253  behavioral health services. and that together constitute The
 5254  provider network may also include noncontracted providers as
 5255  partners in the delivery of coordinated care and a comprehensive
 5256  array of emergency, acute care, residential, outpatient,
 5257  recovery support, and consumer support services.
 5258         (3) SERVICE DELIVERY STRATEGIES.—The department may work
 5259  through managing entities to develop service delivery strategies
 5260  that will improve the coordination, integration, and management
 5261  of the delivery of behavioral health services to people who have
 5262  mental or substance use disorders. It is the intent of the
 5263  Legislature that a well-managed service delivery system will
 5264  increase access for those in need of care, improve the
 5265  coordination and continuity of care for vulnerable and high-risk
 5266  populations, and redirect service dollars from restrictive care
 5267  settings to community-based recovery services.
 5268         (3)(4) CONTRACT FOR SERVICES.—
 5269         (a) The department must may contract for the purchase and
 5270  management of behavioral health services with community-based
 5271  organizations to serve as managing entities. The department may
 5272  require a managing entity to contract for specialized services
 5273  that are not currently part of the managing entity’s network if
 5274  the department determines that to do so is in the best interests
 5275  of consumers of services. The secretary shall determine the
 5276  schedule for phasing in contracts with managing entities. The
 5277  managing entities shall, at a minimum, be accountable for the
 5278  operational oversight of the delivery of behavioral health
 5279  services funded by the department and for the collection and
 5280  submission of the required data pertaining to these contracted
 5281  services. A managing entity shall serve a geographic area
 5282  designated by the department. The geographic area must be of
 5283  sufficient size in population, funding, and services and have
 5284  enough public funds for behavioral health services to allow for
 5285  flexibility and maximum efficiency.
 5286         (b) The operating costs of the managing entity contract
 5287  shall be funded through funds from the department and any
 5288  savings and efficiencies achieved through the implementation of
 5289  managing entities when realized by their participating provider
 5290  network agencies. The department recognizes that managing
 5291  entities will have infrastructure development costs during
 5292  start-up so that any efficiencies to be realized by providers
 5293  from consolidation of management functions, and the resulting
 5294  savings, will not be achieved during the early years of
 5295  operation. The department shall negotiate a reasonable and
 5296  appropriate administrative cost rate with the managing entity.
 5297  The Legislature intends that reduced local and state contract
 5298  management and other administrative duties passed on to the
 5299  managing entity allows funds previously allocated for these
 5300  purposes to be proportionately reduced and the savings used to
 5301  purchase the administrative functions of the managing entity.
 5302  Policies and procedures of the department for monitoring
 5303  contracts with managing entities shall include provisions for
 5304  eliminating duplication of the department’s and the managing
 5305  entities’ contract management and other administrative
 5306  activities in order to achieve the goals of cost-effectiveness
 5307  and regulatory relief. To the maximum extent possible, provider
 5308  monitoring activities shall be assigned to the managing entity.
 5309         (c) Contracting and payment mechanisms for services must
 5310  promote clinical and financial flexibility and responsiveness
 5311  and must allow different categorical funds to be integrated at
 5312  the point of service. The contracted service array must be
 5313  determined by using public input, needs assessment, and
 5314  evidence-based and promising best practice models. The
 5315  department may employ care management methodologies, prepaid
 5316  capitation, and case rate or other methods of payment which
 5317  promote flexibility, efficiency, and accountability.
 5318         (b) The primary contractual responsibilities of the
 5319  managing entity are administrative and fiscal management duties
 5320  necessary to comply with federal requirements for the Substance
 5321  Abuse and Mental Health Services grant and to enter into
 5322  subcontracts with behavioral health service providers using
 5323  funds appropriated by the Legislature for this purpose.
 5324  Additional duties of the managing entity include:
 5325         1.Assessing community needs for behavioral health
 5326  services;
 5327         2.Collecting and reporting data, including use of a unique
 5328  identifier developed by the department to facilitate consumer
 5329  care coordination;
 5330         3. Monitoring provider performance through application of
 5331  nationally recognized standards;
 5332         4. Promoting quality improvement through dissemination of
 5333  evidence informed practices;
 5334         5. Facilitating effective provider relationships and
 5335  arrangements that support coordinated service delivery and
 5336  continuity of care; and
 5337         6. Advising the department on ways to improve behavioral
 5338  health outcomes.
 5339         (c)No later than July 1, 2016, the department shall revise
 5340  contracts with all current managing entities. The revised
 5341  contract shall be for a term of 5 years with an option to renew
 5342  for an additional 5 years. The revised contract will be
 5343  performance based, which means the contract establishes a
 5344  limited number of measurable outcomes, sets timelines for
 5345  achievement of those outcomes that are characterized by specific
 5346  milestones, and establishes a schedule of penalties scaled to
 5347  the nature and significance of the performance failure. Such
 5348  penalties may include a corrective action plan, liquidated
 5349  damages, or termination of the contract.
 5350         (d) The revised contract must establish a clear and
 5351  consistent framework for managing limited resources to serve
 5352  priority populations identified in federal regulations and state
 5353  law.
 5354         (e) In developing the revised contract, the department must
 5355  consult with current managing entities, behavioral health
 5356  service providers, and the Legislature.
 5357         (f) The revised contract will incorporate a plan prepared
 5358  by the managing entity that describes how the managing entity
 5359  and the provider network in the region will earn, no later than
 5360  July 1, 2019, the designation of coordinated care organization
 5361  pursuant to subsection (5).
 5362         (g) The department may terminate a contract with a managing
 5363  entity for causes specified in the contract or for failure to
 5364  earn designation as a coordinated care organization in
 5365  accordance with the plan approved by the department.
 5366         (h) When necessary due to contract termination or the
 5367  expiration of the allowable contract term, the department will
 5368  issue an invitation to negotiate in order to select an
 5369  organization to serve as a managing entity. Qualified bidders
 5370  include managing entities, managed behavioral health
 5371  organizations or nonprofit organizations with experience
 5372  managing integrated provider networks specializing in behavioral
 5373  health services. The department shall consider the input and
 5374  recommendations of the provider network when selecting a new
 5375  contractor. The invitation to negotiate shall specify the
 5376  criteria and the relative weight of the criteria that will be
 5377  used in selecting the new contractor. The department must
 5378  consider all of the following factors:
 5379         1. Experience serving persons with mental health and
 5380  substance use disorders.
 5381         2. Establishment of community partnerships with behavioral
 5382  health providers.
 5383         3. Demonstrated organizational capabilities for network
 5384  management functions.
 5385         4.Capability to integrate behavioral health with primary
 5386  care services.
 5387         (i) When the contractor serving as the managing entity
 5388  changes, the department is responsible for developing and
 5389  implementing a transition plan that ensures continuity of care
 5390  for patients receiving behavioral health services.
 5391         (4)(5) GOALS.—The goal of the service delivery strategies
 5392  is to provide a design for an effective coordination,
 5393  integration, and management approach for delivering effective
 5394  behavioral health services to persons who are experiencing a
 5395  mental health or substance abuse crisis, who have a disabling
 5396  mental illness or a substance use or co-occurring disorder, and
 5397  require extended services in order to recover from their
 5398  illness, or who need brief treatment or longer-term supportive
 5399  interventions to avoid a crisis or disability. Other goals
 5400  include The department must develop and incorporate into the
 5401  revised contract with the managing entities, measureable outcome
 5402  standards that address the following goals:
 5403         (a)The provider network in the region delivers effective,
 5404  quality services that are evidence-informed, coordinated, and
 5405  integrated with primary care services and other programs such as
 5406  vocational rehabilitation, education, child welfare, juvenile
 5407  justice, and criminal justice.
 5408         (b)(a)Behavioral health services supported with public
 5409  funds are accountable to the public and responsive to local
 5410  needs Improving accountability for a local system of behavioral
 5411  health care services to meet performance outcomes and standards
 5412  through the use of reliable and timely data.
 5413         (c)(b)Interactions and relationships among members of the
 5414  provider network are supported by the managing entity in order
 5415  to effectively coordinate services and provide continuity of
 5416  care for priority populations Enhancing the continuity of care
 5417  for all children, adolescents, and adults who enter the publicly
 5418  funded behavioral health service system.
 5419         (c) Preserving the “safety net” of publicly funded
 5420  behavioral health services and providers, and recognizing and
 5421  ensuring continued local contributions to these services, by
 5422  establishing locally designed and community-monitored systems of
 5423  care.
 5424         (d) Providing early diagnosis and treatment interventions
 5425  to enhance recovery and prevent hospitalization.
 5426         (e) Improving the assessment of local needs for behavioral
 5427  health services.
 5428         (f) Improving the overall quality of behavioral health
 5429  services through the use of evidence-based, best practice, and
 5430  promising practice models.
 5431         (g) Demonstrating improved service integration between
 5432  behavioral health programs and other programs, such as
 5433  vocational rehabilitation, education, child welfare, primary
 5434  health care, emergency services, juvenile justice, and criminal
 5435  justice.
 5436         (h) Providing for additional testing of creative and
 5437  flexible strategies for financing behavioral health services to
 5438  enhance individualized treatment and support services.
 5439         (i) Promoting cost-effective quality care.
 5440         (j) Working with the state to coordinate admissions and
 5441  discharges from state civil and forensic hospitals and
 5442  coordinating admissions and discharges from residential
 5443  treatment centers.
 5444         (k) Improving the integration, accessibility, and
 5445  dissemination of behavioral health data for planning and
 5446  monitoring purposes.
 5447         (l) Promoting specialized behavioral health services to
 5448  residents of assisted living facilities.
 5449         (m) Working with the state and other stakeholders to reduce
 5450  the admissions and the length of stay for dependent children in
 5451  residential treatment centers.
 5452         (n) Providing services to adults and children with co
 5453  occurring disorders of mental illnesses and substance abuse
 5454  problems.
 5455         (o) Providing services to elder adults in crisis or at-risk
 5456  for placement in a more restrictive setting due to a serious
 5457  mental illness or substance abuse.
 5458         (5) COORDINATED CARE ORGANIZATIONS.—
 5459         (a)Managing entities may earn designation as coordinated
 5460  care organizations by developing and implementing a plan that
 5461  enables the members of the provider network, including those
 5462  under contract to the managing entity as well as other
 5463  noncontracted community service providers, to work together to
 5464  improve outcomes for individuals with mental health and
 5465  substance use disorders. The plan must:
 5466         1.Assess working relationships among providers of a
 5467  comprehensive range of services as described in subsection (6)
 5468  and propose strategies for improving access to care for priority
 5469  populations;
 5470         2.Identify gaps in the current system of care and propose
 5471  methods for improving continuity and effectiveness of care;
 5472         3.Assess current methods and capabilities for consumer
 5473  care coordination and propose enhancements to increase the
 5474  number of individuals served and the effectiveness of care
 5475  coordination services; and
 5476         4.Result from a collaborative effort of providers in the
 5477  region that is facilitated and documented by the managing
 5478  entity.
 5479         (b)In order to earn designation as a coordinated care
 5480  organization, the managing entity must document working
 5481  relationships among providers established through written
 5482  coordination agreements that define common protocols for intake
 5483  and assessment, create methods of data sharing, institute joint
 5484  operational procedures, provide for integrated care planning and
 5485  case management, and initiate cooperative evaluation procedures.
 5486         (c)After earning designation, the managing entity must
 5487  maintain this status by documenting the ongoing use and
 5488  continuous improvement of the coordination methods specified in
 5489  the written agreements.
 5490         (d)Before designating a managing entity as a coordinated
 5491  care organization, the department must seek input from the
 5492  providers and other community stakeholders to assess the
 5493  effectiveness of entity’s coordination efforts.
 5494         (6) ESSENTIAL ELEMENTS.—It is the intent of the Legislature
 5495  that the department may plan for and enter into contracts with
 5496  managing entities to manage care in geographical areas
 5497  throughout the state A comprehensive range of services includes
 5498  the following essential elements:
 5499         1.A centralized receiving facility or a coordinated
 5500  receiving system consisting of written agreements and
 5501  operational policies that support efficient methods of triaging
 5502  patients to appropriate providers. A coordinated receiving
 5503  system must be developed with input from community providers of
 5504  behavioral health, including but not limited to inpatient
 5505  psychiatric care providers.
 5506         2.Crisis services, including mobile response teams and
 5507  crisis stabilization units.
 5508         3.Case management and consumer care coordination.
 5509         4.Outpatient services.
 5510         5.Residential services.
 5511         6.Hospital inpatient care.
 5512         7.Aftercare and other postdischarge services.
 5513         8.Recovery support, including housing assistance and
 5514  support for competitive employment, educational attainment,
 5515  independent living skills development, family support and
 5516  education, and wellness management and self-care.
 5517         9.Medical services necessary for coordination of
 5518  behavioral health services with primary care.
 5519         10.Prevention and outreach services.
 5520         11.Medication-assisted treatment.
 5521         12.Detoxification services.
 5522         (a) The managing entity must demonstrate the ability of its
 5523  network of providers to comply with the pertinent provisions of
 5524  this chapter and chapter 397 and to ensure the provision of
 5525  comprehensive behavioral health services. The network of
 5526  providers must include, but need not be limited to, community
 5527  mental health agencies, substance abuse treatment providers, and
 5528  best practice consumer services providers.
 5529         (b) The department shall terminate its mental health or
 5530  substance abuse provider contracts for services to be provided
 5531  by the managing entity at the same time it contracts with the
 5532  managing entity.
 5533         (c) The managing entity shall ensure that its provider
 5534  network is broadly conceived. All mental health or substance
 5535  abuse treatment providers currently under contract with the
 5536  department shall be offered a contract by the managing entity.
 5537         (d) The department may contract with managing entities to
 5538  provide the following core functions:
 5539         1. Financial accountability.
 5540         2. Allocation of funds to network providers in a manner
 5541  that reflects the department’s strategic direction and plans.
 5542         3. Provider monitoring to ensure compliance with federal
 5543  and state laws, rules, and regulations.
 5544         4. Data collection, reporting, and analysis.
 5545         5. Operational plans to implement objectives of the
 5546  department’s strategic plan.
 5547         6. Contract compliance.
 5548         7. Performance management.
 5549         8. Collaboration with community stakeholders, including
 5550  local government.
 5551         9. System of care through network development.
 5552         10. Consumer care coordination.
 5553         11. Continuous quality improvement.
 5554         12. Timely access to appropriate services.
 5555         13. Cost-effectiveness and system improvements.
 5556         14. Assistance in the development of the department’s
 5557  strategic plan.
 5558         15. Participation in community, circuit, regional, and
 5559  state planning.
 5560         16. Resource management and maximization, including pursuit
 5561  of third-party payments and grant applications.
 5562         17. Incentives for providers to improve quality and access.
 5563         18. Liaison with consumers.
 5564         19. Community needs assessment.
 5565         20. Securing local matching funds.
 5566         (e) The managing entity shall ensure that written
 5567  cooperative agreements are developed and implemented among the
 5568  criminal and juvenile justice systems, the local community-based
 5569  care network, and the local behavioral health providers in the
 5570  geographic area which define strategies and alternatives for
 5571  diverting people who have mental illness and substance abuse
 5572  problems from the criminal justice system to the community.
 5573  These agreements must also address the provision of appropriate
 5574  services to persons who have behavioral health problems and
 5575  leave the criminal justice system.
 5576         (f) Managing entities must collect and submit data to the
 5577  department regarding persons served, outcomes of persons served,
 5578  and the costs of services provided through the department’s
 5579  contract. The department shall evaluate managing entity services
 5580  based on consumer-centered outcome measures that reflect
 5581  national standards that can dependably be measured. The
 5582  department shall work with managing entities to establish
 5583  performance standards related to:
 5584         1. The extent to which individuals in the community receive
 5585  services.
 5586         2. The improvement of quality of care for individuals
 5587  served.
 5588         3. The success of strategies to divert jail, prison, and
 5589  forensic facility admissions.
 5590         4. Consumer and family satisfaction.
 5591         5. The satisfaction of key community constituents such as
 5592  law enforcement agencies, juvenile justice agencies, the courts,
 5593  the schools, local government entities, hospitals, and others as
 5594  appropriate for the geographical area of the managing entity.
 5595         (g) The Agency for Health Care Administration may establish
 5596  a certified match program, which must be voluntary. Under a
 5597  certified match program, reimbursement is limited to the federal
 5598  Medicaid share to Medicaid-enrolled strategy participants. The
 5599  agency may take no action to implement a certified match program
 5600  unless the consultation provisions of chapter 216 have been met.
 5601  The agency may seek federal waivers that are necessary to
 5602  implement the behavioral health service delivery strategies.
 5603         (7) MANAGING ENTITY REQUIREMENTS.—The department may adopt
 5604  rules and contractual standards related to and a process for the
 5605  qualification and operation of managing entities which are
 5606  based, in part, on the following criteria:
 5607         (a) As of the execution of the revised contract, the
 5608  department must verify that each A managing entity’s governing
 5609  board meets the requirements of this section. governance
 5610  structure shall be representative and shall, at a minimum,
 5611  include consumers and family members, appropriate community
 5612  stakeholders and organizations, and providers of substance abuse
 5613  and mental health services as defined in this chapter and
 5614  chapter 397. If there are one or more private-receiving
 5615  facilities in the geographic coverage area of a managing entity,
 5616  the managing entity shall have one representative for the
 5617  private-receiving facilities as an ex officio member of its
 5618  board of directors.
 5619         1.The composition of the board must be broadly
 5620  representative of the community and include consumers and family
 5621  members, community organizations that do not contract with the
 5622  managing entity, local governments, area law enforcement
 5623  agencies, business leaders, community-based care lead agency
 5624  representatives, health care professionals, and representatives
 5625  of health care facilities. Representatives of local governments,
 5626  including counties, school boards, sheriffs, and independent
 5627  hospital taxing districts may, however, serve as voting members
 5628  even if they contract with the managing entity.
 5629         2.The managing entity must establish a technical advisory
 5630  panel consisting of providers of mental health and substance
 5631  abuse services that selects at least one member to serve as an
 5632  ex officio member of the governing board.
 5633         (b) The managing entity must create a transparent process
 5634  for nomination and selection of board members and must adopt a
 5635  procedure for establishing staggered term limits with ensures
 5636  that no individual serves more than 8 consecutive years on the
 5637  board A managing entity that was originally formed primarily by
 5638  substance abuse or mental health providers must present and
 5639  demonstrate a detailed, consensus approach to expanding its
 5640  provider network and governance to include both substance abuse
 5641  and mental health providers.
 5642         (c) A managing entity must submit a network management plan
 5643  and budget in a form and manner determined by the department.
 5644  The plan must detail the means for implementing the duties to be
 5645  contracted to the managing entity and the efficiencies to be
 5646  anticipated by the department as a result of executing the
 5647  contract. The department may require modifications to the plan
 5648  and must approve the plan before contracting with a managing
 5649  entity. The department may contract with a managing entity that
 5650  demonstrates readiness to assume core functions, and may
 5651  continue to add functions and responsibilities to the managing
 5652  entity’s contract over time as additional competencies are
 5653  developed as identified in paragraph (g). Notwithstanding other
 5654  provisions of this section, the department may continue and
 5655  expand managing entity contracts if the department determines
 5656  that the managing entity meets the requirements specified in
 5657  this section.
 5658         (d) Notwithstanding paragraphs (b) and (c), a managing
 5659  entity that is currently a fully integrated system providing
 5660  mental health and substance abuse services, Medicaid, and child
 5661  welfare services is permitted to continue operating under its
 5662  current governance structure as long as the managing entity can
 5663  demonstrate to the department that consumers, other
 5664  stakeholders, and network providers are included in the planning
 5665  process.
 5666         (c)(e) Managing entities shall operate in a transparent
 5667  manner, providing public access to information, notice of
 5668  meetings, and opportunities for broad public participation in
 5669  decisionmaking. The managing entity’s network management plan
 5670  must detail policies and procedures that ensure transparency.
 5671         (d)(f) Before contracting with a managing entity, the
 5672  department must perform an onsite readiness review of a managing
 5673  entity to determine its operational capacity to satisfactorily
 5674  perform the duties to be contracted.
 5675         (e)(g) The department shall engage community stakeholders,
 5676  including providers and managing entities under contract with
 5677  the department, in the development of objective standards to
 5678  measure the competencies of managing entities and their
 5679  readiness to assume the responsibilities described in this
 5680  section, and the outcomes to hold them accountable.
 5681         (8) DEPARTMENT RESPONSIBILITIES.—With the introduction of
 5682  managing entities to monitor department-contracted providers’
 5683  day-to-day operations, the department and its regional and
 5684  circuit offices will have increased ability to focus on broad
 5685  systemic substance abuse and mental health issues. After the
 5686  department enters into a managing entity contract in a
 5687  geographic area, the regional and circuit offices of the
 5688  department in that area shall direct their efforts primarily to
 5689  monitoring the managing entity contract, including negotiation
 5690  of system quality improvement goals each contract year, and
 5691  review of the managing entity’s plans to execute department
 5692  strategic plans; carrying out statutorily mandated licensure
 5693  functions; conducting community and regional substance abuse and
 5694  mental health planning; communicating to the department the
 5695  local needs assessed by the managing entity; preparing
 5696  department strategic plans; coordinating with other state and
 5697  local agencies; assisting the department in assessing local
 5698  trends and issues and advising departmental headquarters on
 5699  local priorities; and providing leadership in disaster planning
 5700  and preparation.
 5701         (8)(9) FUNDING FOR MANAGING ENTITIES.—
 5702         (a) A contract established between the department and a
 5703  managing entity under this section shall be funded by general
 5704  revenue, other applicable state funds, or applicable federal
 5705  funding sources. A managing entity may carry forward documented
 5706  unexpended state funds from one fiscal year to the next;
 5707  however, the cumulative amount carried forward may not exceed 8
 5708  percent of the total contract. Any unexpended state funds in
 5709  excess of that percentage must be returned to the department.
 5710  The funds carried forward may not be used in a way that would
 5711  create increased recurring future obligations or for any program
 5712  or service that is not currently authorized under the existing
 5713  contract with the department. Expenditures of funds carried
 5714  forward must be separately reported to the department. Any
 5715  unexpended funds that remain at the end of the contract period
 5716  shall be returned to the department. Funds carried forward may
 5717  be retained through contract renewals and new procurements as
 5718  long as the same managing entity is retained by the department.
 5719         (b) The method of payment for a fixed-price contract with a
 5720  managing entity must provide for a 2-month advance payment at
 5721  the beginning of each fiscal year and equal monthly payments
 5722  thereafter.
 5723         (10) REPORTING.—Reports of the department’s activities,
 5724  progress, and needs in achieving the goal of contracting with
 5725  managing entities in each circuit and region statewide must be
 5726  submitted to the appropriate substantive and appropriations
 5727  committees in the Senate and the House of Representatives on
 5728  January 1 and July 1 of each year until the full transition to
 5729  managing entities has been accomplished statewide.
 5730         (9)(11) RULES.—The department may shall adopt rules to
 5731  administer this section and, as necessary, to further specify
 5732  requirements of managing entities.
 5733         (10) CRISIS STABILIZATION SERVICES UTILIZATION DATABASE.
 5734  The department shall develop, implement, and maintain standards
 5735  under which a managing entity shall collect utilization data
 5736  from all public receiving facilities situated within its
 5737  geographic service area. As used in this subsection, the term
 5738  “public receiving facility” means an entity that meets the
 5739  licensure requirements of and is designated by the department to
 5740  operate as a public receiving facility under s. 394.875 and that
 5741  is operating as a licensed crisis stabilization unit.
 5742         (a) The department shall develop standards and protocols
 5743  for managing entities and public receiving facilities to use in
 5744  the collection, storage, transmittal, and analysis of data. The
 5745  standards and protocols must allow for compatibility of data and
 5746  data transmittal between public receiving facilities, managing
 5747  entities, and the department for the implementation and
 5748  requirements of this subsection. The department shall require
 5749  managing entities contracted under this section to comply with
 5750  this subsection by August 1, 2015.
 5751         (b) A managing entity shall require a public receiving
 5752  facility within its provider network to submit data to the
 5753  managing entity, in real time or at least daily, for:
 5754         1. All admissions and discharges of clients receiving
 5755  public receiving facility services who qualify as indigent, as
 5756  defined in s. 394.4787; and
 5757         2. A current active census of total licensed beds, the
 5758  number of beds purchased by the department, the number of
 5759  clients qualifying as indigent occupying those beds, and the
 5760  total number of unoccupied licensed beds regardless of funding.
 5761         (c) A managing entity shall require a public receiving
 5762  facility within its provider network to submit data, on a
 5763  monthly basis, to the managing entity which aggregates the daily
 5764  data submitted under paragraph (b). The managing entity shall
 5765  reconcile the data in the monthly submission to the data
 5766  received by the managing entity under paragraph (b) to check for
 5767  consistency. If the monthly aggregate data submitted by a public
 5768  receiving facility under this paragraph is inconsistent with the
 5769  daily data submitted under paragraph (b), the managing entity
 5770  shall consult with the public receiving facility to make
 5771  corrections as necessary to ensure accurate data.
 5772         (d) A managing entity shall require a public receiving
 5773  facility within its provider network to submit data, on an
 5774  annual basis, to the managing entity which aggregates the data
 5775  submitted and reconciled under paragraph (c). The managing
 5776  entity shall reconcile the data in the annual submission to the
 5777  data received and reconciled by the managing entity under
 5778  paragraph (c) to check for consistency. If the annual aggregate
 5779  data submitted by a public receiving facility under this
 5780  paragraph is inconsistent with the data received and reconciled
 5781  under paragraph (c), the managing entity shall consult with the
 5782  public receiving facility to make corrections as necessary to
 5783  ensure accurate data.
 5784         (e) After ensuring accurate data under paragraphs (c) and
 5785  (d), the managing entity shall submit the data to the department
 5786  on a monthly and an annual basis. The department shall create a
 5787  statewide database for the data described under paragraph (b)
 5788  and submitted under this paragraph for the purpose of analyzing
 5789  the payments for and the use of crisis stabilization services
 5790  funded under the Baker Act on a statewide basis and on an
 5791  individual public receiving facility basis.
 5792         (f) The department shall adopt rules to administer this
 5793  subsection.
 5794         (g) The department shall submit a report by January 31,
 5795  2016, and annually thereafter, to the Governor, the President of
 5796  the Senate, and the Speaker of the House of Representatives
 5797  which provides details on the implementation of this subsection,
 5798  including the status of the data collection process and a
 5799  detailed analysis of the data collected under this subsection.
 5800         Section 66. For the 2015-2016 fiscal year, the sum of
 5801  $175,000 in nonrecurring funds from the Alcohol, Drug Abuse, and
 5802  Mental Health Trust Fund is appropriated to the Department of
 5803  Children and Families to implement s. 394.9082(10).
 5804         Section 67. Section 397.402, Florida Statutes, is created
 5805  to read:
 5806         397.402 Single, consolidated licensure.— The department and
 5807  the Agency for Health Care Administration shall develop a plan
 5808  for modifying licensure statutes and rules to provide options
 5809  for a single, consolidated license for a provider that offers
 5810  multiple types of mental health and substance abuse services
 5811  regulated under chapters 394 and 397. The plan shall identify
 5812  options for license consolidation within the department and
 5813  within the agency, and shall identify interagency license
 5814  consolidation options. The department and the agency shall
 5815  submit the plan to the Governor, the President of the Senate,
 5816  and the Speaker of the House of Representatives by November 1,
 5817  2015.
 5818         Section 68. Present paragraphs (d) through (m) of
 5819  subsection (2) of section 409.967, Florida Statutes, are
 5820  redesignated as paragraphs (e) through (n), respectively, and a
 5821  new paragraph (d) is added to that subsection, to read:
 5822         409.967 Managed care plan accountability.—
 5823         (2) The agency shall establish such contract requirements
 5824  as are necessary for the operation of the statewide managed care
 5825  program. In addition to any other provisions the agency may deem
 5826  necessary, the contract must require:
 5827         (d) Quality care.—Managed care plans shall provide, or
 5828  contract for the provision of, care coordination to facilitate
 5829  the appropriate delivery of behavioral health care services in
 5830  the least restrictive setting with treatment and recovery
 5831  capabilities that address the needs of the patient. Services
 5832  shall be provided in a manner that integrates behavioral health
 5833  services and primary care. Plans shall be required to achieve
 5834  specific behavioral health outcome standards, established by the
 5835  agency in consultation with the Department of Children and
 5836  Families.
 5837         Section 69. Subsection (5) is added to section 409.973,
 5838  Florida Statutes, to read:
 5839         409.973 Benefits.—
 5840         (5) INTEGRATED BEHAVIORAL HEALTH INITIATIVE.—Each plan
 5841  operating in the managed medical assistance program shall work
 5842  with the managing entity in its service area to establish
 5843  specific organizational supports and service protocols that
 5844  enhance the integration and coordination of primary care and
 5845  behavioral health services for Medicaid recipients. Progress in
 5846  this initiative will be measured using the integration framework
 5847  and core measures developed by the Agency for Healthcare
 5848  Research and Quality.
 5849         Section 70. Section 394.4674, Florida Statutes, is
 5850  repealed.
 5851         Section 71. Section 394.4985, Florida Statutes, is
 5852  repealed.
 5853         Section 72. Section 394.745, Florida Statutes, is repealed.
 5854         Section 73. Section 397.331, Florida Statutes, is repealed.
 5855         Section 74. Section 397.333, Florida Statutes, is repealed.
 5856         Section 75. Section 397.801, Florida Statutes, is repealed.
 5857         Section 76. Section 397.811, Florida Statutes, is repealed.
 5858         Section 77. Section 397.821, Florida Statutes, is repealed.
 5859         Section 78. Section 397.901, Florida Statutes, is repealed.
 5860         Section 79. Section 397.93, Florida Statutes, is repealed.
 5861         Section 80. Section 397.94, Florida Statutes, is repealed.
 5862         Section 81. Section 397.951, Florida Statutes, is repealed.
 5863         Section 82. Section 397.97, Florida Statutes, is repealed.
 5864         Section 83. Section 491.0045, Florida Statutes, is amended
 5865  to read:
 5866         491.0045 Intern registration; requirements.—
 5867         (1) Effective January 1, 1998, An individual who has not
 5868  satisfied intends to practice in Florida to satisfy the
 5869  postgraduate or post-master’s level experience requirements, as
 5870  specified in s. 491.005(1)(c), (3)(c), or (4)(c), must register
 5871  as an intern in the profession for which he or she is seeking
 5872  licensure prior to commencing the post-master’s experience
 5873  requirement or an individual who intends to satisfy part of the
 5874  required graduate-level practicum, internship, or field
 5875  experience, outside the academic arena for any profession, must
 5876  register as an intern in the profession for which he or she is
 5877  seeking licensure prior to commencing the practicum, internship,
 5878  or field experience.
 5879         (2) The department shall register as a clinical social
 5880  worker intern, marriage and family therapist intern, or mental
 5881  health counselor intern each applicant who the board certifies
 5882  has:
 5883         (a) Completed the application form and remitted a
 5884  nonrefundable application fee not to exceed $200, as set by
 5885  board rule;
 5886         (b)1. Completed the education requirements as specified in
 5887  s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
 5888  he or she is applying for licensure, if needed; and
 5889         2. Submitted an acceptable supervision plan, as determined
 5890  by the board, for meeting the practicum, internship, or field
 5891  work required for licensure that was not satisfied in his or her
 5892  graduate program.
 5893         (c) Identified a qualified supervisor.
 5894         (3) An individual registered under this section must remain
 5895  under supervision while practicing under registered intern
 5896  status until he or she is in receipt of a license or a letter
 5897  from the department stating that he or she is licensed to
 5898  practice the profession for which he or she applied.
 5899         (4) An individual who has applied for intern registration
 5900  on or before December 31, 2001, and has satisfied the education
 5901  requirements of s. 491.005 that are in effect through December
 5902  31, 2000, will have met the educational requirements for
 5903  licensure for the profession for which he or she has applied.
 5904         (4)(5)An individual who fails Individuals who have
 5905  commenced the experience requirement as specified in s.
 5906  491.005(1)(c), (3)(c), or (4)(c) but failed to register as
 5907  required by subsection (1) shall register with the department
 5908  before January 1, 2000. Individuals who fail to comply with this
 5909  section may subsection shall not be granted a license under this
 5910  chapter, and any time spent by the individual completing the
 5911  experience requirement as specified in s. 491.005(1)(c), (3)(c),
 5912  or (4)(c) before prior to registering as an intern does shall
 5913  not count toward completion of the such requirement.
 5914         (5) An intern registration is valid for 5 years.
 5915         (6) Any registration issued on or before March 31, 2016,
 5916  expires March 31, 2021, and may not be renewed or reissued. Any
 5917  registration issued after March 31, 2016, expires 60 months
 5918  after the date it is issued. A subsequent intern registration
 5919  may not be issued unless the candidate has passed the theory and
 5920  practice examination described in s. 491.005(1)(d), (3)(d), and
 5921  (4)(d).
 5922         (7) An individual who has held a provisional license issued
 5923  by the board may not apply for an intern registration in the
 5924  same profession.
 5925         Section 84. Subsection (15) of section 397.321, Florida
 5926  Statutes, is amended to read:
 5927         397.321 Duties of the department.—The department shall:
 5928         (15) Appoint a substance abuse impairment coordinator to
 5929  represent the department in efforts initiated by the statewide
 5930  substance abuse impairment prevention and treatment coordinator
 5931  established in s. 397.801 and to assist the statewide
 5932  coordinator in fulfilling the responsibilities of that position.
 5933         Section 85. Subsection (1) of section 397.98, Florida
 5934  Statutes, is amended to read:
 5935         397.98 Children’s substance abuse services; utilization
 5936  management.—
 5937         (1) Utilization management shall be an integral part of
 5938  each Children’s Network of Care Demonstration Model as described
 5939  under s. 397.97. The utilization management process shall
 5940  include procedures for analyzing the allocation and use of
 5941  resources by the purchasing agent. Such procedures shall
 5942  include:
 5943         (a) Monitoring the appropriateness of admissions to
 5944  residential services or other levels of care as determined by
 5945  the department.
 5946         (b) Monitoring the duration of care.
 5947         (c) Developing profiles of network providers which describe
 5948  their patterns of delivering care.
 5949         (d) Authorizing care for high-cost services.
 5950         Section 86. Paragraph (e) of subsection (3) of section
 5951  409.966, Florida Statutes, is amended to read:
 5952         409.966 Eligible plans; selection.—
 5953         (3) QUALITY SELECTION CRITERIA.—
 5954         (e) To ensure managed care plan participation in Regions 1
 5955  and 2, the agency shall award an additional contract to each
 5956  plan with a contract award in Region 1 or Region 2. Such
 5957  contract shall be in any other region in which the plan
 5958  submitted a responsive bid and negotiates a rate acceptable to
 5959  the agency. If a plan that is awarded an additional contract
 5960  pursuant to this paragraph is subject to penalties pursuant to
 5961  s. 409.967(2)(i) s. 409.967(2)(h) for activities in Region 1 or
 5962  Region 2, the additional contract is automatically terminated
 5963  180 days after the imposition of the penalties. The plan must
 5964  reimburse the agency for the cost of enrollment changes and
 5965  other transition activities.
 5966         Section 87. Paragraph (a) of subsection (5) of section
 5967  943.031, Florida Statutes, is amended to read:
 5968         943.031 Florida Violent Crime and Drug Control Council.—
 5969         (5) DUTIES OF COUNCIL.—Subject to funding provided to the
 5970  department by the Legislature, the council shall provide advice
 5971  and make recommendations, as necessary, to the executive
 5972  director of the department.
 5973         (a) The council may advise the executive director on the
 5974  feasibility of undertaking initiatives which include, but are
 5975  not limited to, the following:
 5976         1. Establishing a program that provides grants to criminal
 5977  justice agencies that develop and implement effective violent
 5978  crime prevention and investigative programs and which provides
 5979  grants to law enforcement agencies for the purpose of drug
 5980  control, criminal gang, and illicit money laundering
 5981  investigative efforts or task force efforts that are determined
 5982  by the council to significantly contribute to achieving the
 5983  state’s goal of reducing drug-related crime, that represent
 5984  significant criminal gang investigative efforts, that represent
 5985  a significant illicit money laundering investigative effort, or
 5986  that otherwise significantly support statewide strategies
 5987  developed by the Statewide Drug Policy Advisory Council
 5988  established under s. 397.333, subject to the limitations
 5989  provided in this section. The grant program may include an
 5990  innovations grant program to provide startup funding for new
 5991  initiatives by local and state law enforcement agencies to
 5992  combat violent crime or to implement drug control, criminal
 5993  gang, or illicit money laundering investigative efforts or task
 5994  force efforts by law enforcement agencies, including, but not
 5995  limited to, initiatives such as:
 5996         a. Providing enhanced community-oriented policing.
 5997         b. Providing additional undercover officers and other
 5998  investigative officers to assist with violent crime
 5999  investigations in emergency situations.
 6000         c. Providing funding for multiagency or statewide drug
 6001  control, criminal gang, or illicit money laundering
 6002  investigative efforts or task force efforts that cannot be
 6003  reasonably funded completely by alternative sources and that
 6004  significantly contribute to achieving the state’s goal of
 6005  reducing drug-related crime, that represent significant criminal
 6006  gang investigative efforts, that represent a significant illicit
 6007  money laundering investigative effort, or that otherwise
 6008  significantly support statewide strategies developed by the
 6009  Statewide Drug Policy Advisory Council established under s.
 6010  397.333.
 6011         2. Expanding the use of automated biometric identification
 6012  systems at the state and local levels.
 6013         3. Identifying methods to prevent violent crime.
 6014         4. Identifying methods to enhance multiagency or statewide
 6015  drug control, criminal gang, or illicit money laundering
 6016  investigative efforts or task force efforts that significantly
 6017  contribute to achieving the state’s goal of reducing drug
 6018  related crime, that represent significant criminal gang
 6019  investigative efforts, that represent a significant illicit
 6020  money laundering investigative effort, or that otherwise
 6021  significantly support statewide strategies developed by the
 6022  Statewide Drug Policy Advisory Council established under s.
 6023  397.333.
 6024         5. Enhancing criminal justice training programs that
 6025  address violent crime, drug control, illicit money laundering
 6026  investigative techniques, or efforts to control and eliminate
 6027  criminal gangs.
 6028         6. Developing and promoting crime prevention services and
 6029  educational programs that serve the public, including, but not
 6030  limited to:
 6031         a. Enhanced victim and witness counseling services that
 6032  also provide crisis intervention, information referral,
 6033  transportation, and emergency financial assistance.
 6034         b. A well-publicized rewards program for the apprehension
 6035  and conviction of criminals who perpetrate violent crimes.
 6036         7. Enhancing information sharing and assistance in the
 6037  criminal justice community by expanding the use of community
 6038  partnerships and community policing programs. Such expansion may
 6039  include the use of civilian employees or volunteers to relieve
 6040  law enforcement officers of clerical work in order to enable the
 6041  officers to concentrate on street visibility within the
 6042  community.
 6043         Section 88. Subsection (1) of section 943.042, Florida
 6044  Statutes, is amended to read:
 6045         943.042 Violent Crime Investigative Emergency and Drug
 6046  Control Strategy Implementation Account.—
 6047         (1) There is created a Violent Crime Investigative
 6048  Emergency and Drug Control Strategy Implementation Account
 6049  within the Department of Law Enforcement Operating Trust Fund.
 6050  The account shall be used to provide emergency supplemental
 6051  funds to:
 6052         (a) State and local law enforcement agencies that are
 6053  involved in complex and lengthy violent crime investigations, or
 6054  matching funding to multiagency or statewide drug control or
 6055  illicit money laundering investigative efforts or task force
 6056  efforts that significantly contribute to achieving the state’s
 6057  goal of reducing drug-related crime, that represent a
 6058  significant illicit money laundering investigative effort, or
 6059  that otherwise significantly support statewide strategies
 6060  developed by the Statewide Drug Policy Advisory Council
 6061  established under s. 397.333;
 6062         (b) State and local law enforcement agencies that are
 6063  involved in violent crime investigations which constitute a
 6064  significant emergency within the state; or
 6065         (c) Counties that demonstrate a significant hardship or an
 6066  inability to cover extraordinary expenses associated with a
 6067  violent crime trial.
 6068         Section 89. For the purpose of incorporating the amendment
 6069  made by this act to section 394.492, Florida Statutes, in a
 6070  reference thereto, paragraph (a) of subsection (6) of section
 6071  39.407, Florida Statutes, is reenacted to read:
 6072         39.407 Medical, psychiatric, and psychological examination
 6073  and treatment of child; physical, mental, or substance abuse
 6074  examination of person with or requesting child custody.—
 6075         (6) Children who are in the legal custody of the department
 6076  may be placed by the department, without prior approval of the
 6077  court, in a residential treatment center licensed under s.
 6078  394.875 or a hospital licensed under chapter 395 for residential
 6079  mental health treatment only pursuant to this section or may be
 6080  placed by the court in accordance with an order of involuntary
 6081  examination or involuntary placement entered pursuant to s.
 6082  394.463 or s. 394.467. All children placed in a residential
 6083  treatment program under this subsection must have a guardian ad
 6084  litem appointed.
 6085         (a) As used in this subsection, the term:
 6086         1. “Residential treatment” means placement for observation,
 6087  diagnosis, or treatment of an emotional disturbance in a
 6088  residential treatment center licensed under s. 394.875 or a
 6089  hospital licensed under chapter 395.
 6090         2. “Least restrictive alternative” means the treatment and
 6091  conditions of treatment that, separately and in combination, are
 6092  no more intrusive or restrictive of freedom than reasonably
 6093  necessary to achieve a substantial therapeutic benefit or to
 6094  protect the child or adolescent or others from physical injury.
 6095         3. “Suitable for residential treatment” or “suitability”
 6096  means a determination concerning a child or adolescent with an
 6097  emotional disturbance as defined in s. 394.492(5) or a serious
 6098  emotional disturbance as defined in s. 394.492(6) that each of
 6099  the following criteria is met:
 6100         a. The child requires residential treatment.
 6101         b. The child is in need of a residential treatment program
 6102  and is expected to benefit from mental health treatment.
 6103         c. An appropriate, less restrictive alternative to
 6104  residential treatment is unavailable.
 6105         Section 90. For the purpose of incorporating the amendment
 6106  made by this act to section 394.492, Florida Statutes, in a
 6107  reference thereto, subsection (21) of section 394.67, Florida
 6108  Statutes, is reenacted to read:
 6109         394.67 Definitions.—As used in this part, the term:
 6110         (21) “Residential treatment center for children and
 6111  adolescents” means a 24-hour residential program, including a
 6112  therapeutic group home, which provides mental health services to
 6113  emotionally disturbed children or adolescents as defined in s.
 6114  394.492(5) or (6) and which is a private for-profit or not-for
 6115  profit corporation licensed by the agency which offers a variety
 6116  of treatment modalities in a more restrictive setting.
 6117         Section 91. For the purpose of incorporating the amendment
 6118  made by this act to section 394.492, Florida Statutes, in a
 6119  reference thereto, paragraph (b) of subsection (1) of section
 6120  394.674, Florida Statutes, is reenacted to read:
 6121         394.674 Eligibility for publicly funded substance abuse and
 6122  mental health services; fee collection requirements.—
 6123         (1) To be eligible to receive substance abuse and mental
 6124  health services funded by the department, an individual must be
 6125  a member of at least one of the department’s priority
 6126  populations approved by the Legislature. The priority
 6127  populations include:
 6128         (b) For children’s mental health services:
 6129         1. Children who are at risk of emotional disturbance as
 6130  defined in s. 394.492(4).
 6131         2. Children who have an emotional disturbance as defined in
 6132  s. 394.492(5).
 6133         3. Children who have a serious emotional disturbance as
 6134  defined in s. 394.492(6).
 6135         4. Children diagnosed as having a co-occurring substance
 6136  abuse and emotional disturbance or serious emotional
 6137  disturbance.
 6138         Section 92. For the purpose of incorporating the amendment
 6139  made by this act to section 394.492, Florida Statutes, in a
 6140  reference thereto, subsection (1) of section 394.676, Florida
 6141  Statutes, is reenacted to read:
 6142         394.676 Indigent psychiatric medication program.—
 6143         (1) Within legislative appropriations, the department may
 6144  establish the indigent psychiatric medication program to
 6145  purchase psychiatric medications for persons as defined in s.
 6146  394.492(5) or (6) or pursuant to s. 394.674(1), who do not
 6147  reside in a state mental health treatment facility or an
 6148  inpatient unit.
 6149         Section 93. For the purpose of incorporating the amendment
 6150  made by this act to section 394.492, Florida Statutes, in a
 6151  reference thereto, paragraph (c) of subsection (2) of section
 6152  409.1676, Florida Statutes, is reenacted to read:
 6153         409.1676 Comprehensive residential group care services to
 6154  children who have extraordinary needs.—
 6155         (2) As used in this section, the term:
 6156         (c) “Serious behavioral problems” means behaviors of
 6157  children who have been assessed by a licensed master’s-level
 6158  human-services professional to need at a minimum intensive
 6159  services but who do not meet the criteria of s. 394.492(7). A
 6160  child with an emotional disturbance as defined in s. 394.492(5)
 6161  or (6) may be served in residential group care unless a
 6162  determination is made by a mental health professional that such
 6163  a setting is inappropriate. A child having a serious behavioral
 6164  problem must have been determined in the assessment to have at
 6165  least one of the following risk factors:
 6166         1. An adjudication of delinquency and be on conditional
 6167  release status with the Department of Juvenile Justice.
 6168         2. A history of physical aggression or violent behavior
 6169  toward self or others, animals, or property within the past
 6170  year.
 6171         3. A history of setting fires within the past year.
 6172         4. A history of multiple episodes of running away from home
 6173  or placements within the past year.
 6174         5. A history of sexual aggression toward other youth.
 6175         Section 94. For the purpose of incorporating the amendment
 6176  made by this act to section 394.492, Florida Statutes, in a
 6177  reference thereto, paragraph (b) of subsection (1) of section
 6178  409.1677, Florida Statutes, is reenacted to read:
 6179         409.1677 Model comprehensive residential services
 6180  programs.—
 6181         (1) As used in this section, the term:
 6182         (b) “Serious behavioral problems” means behaviors of
 6183  children who have been assessed by a licensed master’s-level
 6184  human-services professional to need at a minimum intensive
 6185  services but who do not meet the criteria of s. 394.492(6) or
 6186  (7). A child with an emotional disturbance as defined in s.
 6187  394.492(5) may be served in residential group care unless a
 6188  determination is made by a mental health professional that such
 6189  a setting is inappropriate.
 6190         Section 95. Except as otherwise expressly provided in this
 6191  act, this act shall take effect July 1, 2015.