Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for HB 7113
       
       
       
       
       
       
                                Ì719962GÎ719962                         
       
                              LEGISLATIVE ACTION                        
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (e) is added to subsection (10) of
    6  section 29.004, Florida Statutes, to read:
    7         29.004 State courts system.—For purposes of implementing s.
    8  14, Art. V of the State Constitution, the elements of the state
    9  courts system to be provided from state revenues appropriated by
   10  general law are as follows:
   11         (10) Case management. Case management includes:
   12         (e) Service referral, coordination, monitoring, and
   13  tracking for treatment-based mental health court programs under
   14  s. 394.47892.
   15  
   16  Case management may not include costs associated with the
   17  application of therapeutic jurisprudence principles by the
   18  courts. Case management also may not include case intake and
   19  records management conducted by the clerk of court.
   20         Section 2. Subsection (6) of section 39.001, Florida
   21  Statutes, is amended to read:
   22         39.001 Purposes and intent; personnel standards and
   23  screening.—
   24         (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
   25         (a) The Legislature recognizes that early referral and
   26  comprehensive treatment can help combat mental illnesses and
   27  substance abuse disorders in families and that treatment is
   28  cost-effective.
   29         (b) The Legislature establishes the following goals for the
   30  state related to mental illness and substance abuse treatment
   31  services in the dependency process:
   32         1. To ensure the safety of children.
   33         2. To prevent and remediate the consequences of mental
   34  illnesses and substance abuse disorders on families involved in
   35  protective supervision or foster care and reduce the occurrences
   36  of mental illnesses and substance abuse disorders, including
   37  alcohol abuse or related disorders, for families who are at risk
   38  of being involved in protective supervision or foster care.
   39         3. To expedite permanency for children and reunify healthy,
   40  intact families, when appropriate.
   41         4. To support families in recovery.
   42         (c) The Legislature finds that children in the care of the
   43  state’s dependency system need appropriate health care services,
   44  that the impact of mental illnesses and substance abuse
   45  disorders on health indicates the need for health care services
   46  to include treatment for mental health and substance abuse
   47  disorders services to children and parents where appropriate,
   48  and that it is in the state’s best interest that such children
   49  be provided the services they need to enable them to become and
   50  remain independent of state care. In order to provide these
   51  services, the state’s dependency system must have the ability to
   52  identify and provide appropriate intervention and treatment for
   53  children with personal or family-related mental illness and
   54  substance abuse problems.
   55         (d) It is the intent of the Legislature to encourage the
   56  use of the treatment-based mental health court program model
   57  established under s. 394.47892 and drug court program model
   58  established by s. 397.334 and authorize courts to assess
   59  children and persons who have custody or are requesting custody
   60  of children where good cause is shown to identify and address
   61  mental illnesses and substance abuse disorders problems as the
   62  court deems appropriate at every stage of the dependency
   63  process. Participation in treatment, including a treatment-based
   64  mental health court program or a treatment-based drug court
   65  program, may be required by the court following adjudication.
   66  Participation in assessment and treatment before prior to
   67  adjudication is shall be voluntary, except as provided in s.
   68  39.407(16).
   69         (e) It is therefore the purpose of the Legislature to
   70  provide authority for the state to contract with mental health
   71  service providers and community substance abuse treatment
   72  providers for the development and operation of specialized
   73  support and overlay services for the dependency system, which
   74  will be fully implemented and used as resources permit.
   75         (f) Participation in a treatment-based mental health court
   76  program or a the treatment-based drug court program does not
   77  divest any public or private agency of its responsibility for a
   78  child or adult, but is intended to enable these agencies to
   79  better meet their needs through shared responsibility and
   80  resources.
   81         Section 3. Subsection (10) of section 39.507, Florida
   82  Statutes, is amended to read:
   83         39.507 Adjudicatory hearings; orders of adjudication.—
   84         (10) After an adjudication of dependency, or a finding of
   85  dependency where adjudication is withheld, the court may order a
   86  person who has custody or is requesting custody of the child to
   87  submit to a mental health or substance abuse disorder assessment
   88  or evaluation. The assessment or evaluation must be administered
   89  by a qualified professional, as defined in s. 397.311. The court
   90  may also require such person to participate in and comply with
   91  treatment and services identified as necessary, including, when
   92  appropriate and available, participation in and compliance with
   93  a treatment-based mental health court program established under
   94  s. 394.47892 or a treatment-based drug court program established
   95  under s. 397.334. In addition to supervision by the department,
   96  the court, including the treatment-based mental health court
   97  program or treatment-based drug court program, may oversee the
   98  progress and compliance with treatment by a person who has
   99  custody or is requesting custody of the child. The court may
  100  impose appropriate available sanctions for noncompliance upon a
  101  person who has custody or is requesting custody of the child or
  102  make a finding of noncompliance for consideration in determining
  103  whether an alternative placement of the child is in the child’s
  104  best interests. Any order entered under this subsection may be
  105  made only upon good cause shown. This subsection does not
  106  authorize placement of a child with a person seeking custody,
  107  other than the parent or legal custodian, who requires mental
  108  health or substance abuse disorder treatment.
  109         Section 4. Paragraph (b) of subsection (1) of section
  110  39.521, Florida Statutes, is amended to read:
  111         39.521 Disposition hearings; powers of disposition.—
  112         (1) A disposition hearing shall be conducted by the court,
  113  if the court finds that the facts alleged in the petition for
  114  dependency were proven in the adjudicatory hearing, or if the
  115  parents or legal custodians have consented to the finding of
  116  dependency or admitted the allegations in the petition, have
  117  failed to appear for the arraignment hearing after proper
  118  notice, or have not been located despite a diligent search
  119  having been conducted.
  120         (b) When any child is adjudicated by a court to be
  121  dependent, the court having jurisdiction of the child has the
  122  power by order to:
  123         1. Require the parent and, when appropriate, the legal
  124  custodian and the child to participate in treatment and services
  125  identified as necessary. The court may require the person who
  126  has custody or who is requesting custody of the child to submit
  127  to a mental health or substance abuse disorder assessment or
  128  evaluation. The assessment or evaluation must be administered by
  129  a qualified professional, as defined in s. 397.311. The court
  130  may also require such person to participate in and comply with
  131  treatment and services identified as necessary, including, when
  132  appropriate and available, participation in and compliance with
  133  a treatment-based mental health court program established under
  134  s. 394.47892 or treatment-based drug court program established
  135  under s. 397.334. In addition to supervision by the department,
  136  the court, including the treatment-based mental health court
  137  program or treatment-based drug court program, may oversee the
  138  progress and compliance with treatment by a person who has
  139  custody or is requesting custody of the child. The court may
  140  impose appropriate available sanctions for noncompliance upon a
  141  person who has custody or is requesting custody of the child or
  142  make a finding of noncompliance for consideration in determining
  143  whether an alternative placement of the child is in the child’s
  144  best interests. Any order entered under this subparagraph may be
  145  made only upon good cause shown. This subparagraph does not
  146  authorize placement of a child with a person seeking custody of
  147  the child, other than the child’s parent or legal custodian, who
  148  requires mental health or substance abuse disorder treatment.
  149         2. Require, if the court deems necessary, the parties to
  150  participate in dependency mediation.
  151         3. Require placement of the child either under the
  152  protective supervision of an authorized agent of the department
  153  in the home of one or both of the child’s parents or in the home
  154  of a relative of the child or another adult approved by the
  155  court, or in the custody of the department. Protective
  156  supervision continues until the court terminates it or until the
  157  child reaches the age of 18, whichever date is first. Protective
  158  supervision shall be terminated by the court whenever the court
  159  determines that permanency has been achieved for the child,
  160  whether with a parent, another relative, or a legal custodian,
  161  and that protective supervision is no longer needed. The
  162  termination of supervision may be with or without retaining
  163  jurisdiction, at the court’s discretion, and shall in either
  164  case be considered a permanency option for the child. The order
  165  terminating supervision by the department shall set forth the
  166  powers of the custodian of the child and shall include the
  167  powers ordinarily granted to a guardian of the person of a minor
  168  unless otherwise specified. Upon the court’s termination of
  169  supervision by the department, no further judicial reviews are
  170  required, so long as permanency has been established for the
  171  child.
  172         Section 5. Subsection (2) and paragraph (a) of subsection
  173  (4) of section 381.0056, Florida Statutes, are amended to read:
  174         381.0056 School health services program.—
  175         (2) As used in this section, the term:
  176         (a) “Emergency health needs” means onsite evaluation,
  177  management, and aid for illness or injury pending the student’s
  178  return to the classroom or release to a parent, guardian,
  179  designated friend, law enforcement officer, or designated health
  180  care provider.
  181         (b) “Entity” or “health care entity” means a unit of local
  182  government or a political subdivision of the state; a hospital
  183  licensed under chapter 395; a health maintenance organization
  184  certified under chapter 641; a health insurer authorized under
  185  the Florida Insurance Code; a community health center; a migrant
  186  health center; a federally qualified health center; an
  187  organization that meets the requirements for nonprofit status
  188  under s. 501(c)(3) of the Internal Revenue Code; a private
  189  industry or business; or a philanthropic foundation that agrees
  190  to participate in a public-private partnership with a county
  191  health department, local school district, or school in the
  192  delivery of school health services, and agrees to the terms and
  193  conditions for the delivery of such services as required by this
  194  section and as documented in the local school health services
  195  plan.
  196         (c) “Invasive screening” means any screening procedure in
  197  which the skin or any body orifice is penetrated.
  198         (d) “Physical examination” means a thorough evaluation of
  199  the health status of an individual.
  200         (e) “School health services plan” means the document that
  201  describes the services to be provided, the responsibility for
  202  provision of the services, the anticipated expenditures to
  203  provide the services, and evidence of cooperative planning by
  204  local school districts and county health departments.
  205         (f) “Screening” means presumptive identification of unknown
  206  or unrecognized diseases or defects by the application of tests
  207  that can be given with ease and rapidity to apparently healthy
  208  persons.
  209         (4)(a) Each county health department shall develop, jointly
  210  with the district school board and the local school health
  211  advisory committee, a school health services plan.; and The plan
  212  must include, at a minimum, provisions for all of the following:
  213         1. Health appraisal;
  214         2. Records review;
  215         3. Nurse assessment;
  216         4. Nutrition assessment;
  217         5. A preventive dental program;
  218         6. Vision screening;
  219         7. Hearing screening;
  220         8. Scoliosis screening;
  221         9. Growth and development screening;
  222         10. Health counseling;
  223         11. Referral and followup of suspected or confirmed health
  224  problems by the local county health department;
  225         12. Meeting emergency health needs in each school;
  226         13. County health department personnel to assist school
  227  personnel in health education curriculum development;
  228         14. Referral of students to appropriate health treatment,
  229  in cooperation with the private health community whenever
  230  possible;
  231         15. Consultation with a student’s parent or guardian
  232  regarding the need for health attention by the family physician,
  233  dentist, or other specialist when definitive diagnosis or
  234  treatment is indicated;
  235         16. Maintenance of records on incidents of health problems,
  236  corrective measures taken, and such other information as may be
  237  needed to plan and evaluate health programs; except, however,
  238  that provisions in the plan for maintenance of health records of
  239  individual students must be in accordance with s. 1002.22;
  240         17. Health information which will be provided by the school
  241  health nurses, when necessary, regarding the placement of
  242  students in exceptional student programs and the reevaluation at
  243  periodic intervals of students placed in such programs; and
  244         18. Notification to the local nonpublic schools of the
  245  school health services program and the opportunity for
  246  representatives of the local nonpublic schools to participate in
  247  the development of the cooperative health services plan.
  248         19. Immediate notification to a student’s parent, guardian,
  249  or caregiver if the student is removed from school, school
  250  transportation, or a school-sponsored activity and taken to a
  251  receiving facility for an involuntary examination pursuant to s.
  252  394.463, including any requirements established under ss.
  253  1002.20(3) and 1002.33(9), as applicable.
  254         Section 6. Section 394.453, Florida Statutes, is amended to
  255  read:
  256         394.453 Legislative intent.—It is the intent of the
  257  Legislature to authorize and direct the Department of Children
  258  and Families to evaluate, research, plan, and recommend to the
  259  Governor and the Legislature programs designed to reduce the
  260  occurrence, severity, duration, and disabling aspects of mental,
  261  emotional, and behavioral disorders and substance abuse
  262  impairment. It is the intent of the Legislature that treatment
  263  programs for such disorders shall include, but not be limited
  264  to, comprehensive health, social, educational, and
  265  rehabilitative services for individuals to persons requiring
  266  intensive short-term and continued treatment in order to
  267  encourage them to assume responsibility for their treatment and
  268  recovery. It is intended that such individuals persons be
  269  provided with emergency service and temporary detention for
  270  evaluation if when required; that they be admitted to treatment
  271  facilities if on a voluntary basis when extended or continuing
  272  care is needed and unavailable in the community; that
  273  involuntary placement be provided only if when expert evaluation
  274  determines that it is necessary; that any involuntary treatment
  275  or examination be accomplished in a setting that which is
  276  clinically appropriate and most likely to facilitate the
  277  individual’s person’s return to the community as soon as
  278  possible; and that individual dignity and human rights be
  279  guaranteed to all individuals persons who are admitted to mental
  280  health and substance abuse treatment facilities or who are being
  281  held under s. 394.463. It is the further intent of the
  282  Legislature that the least restrictive means of intervention be
  283  employed based on the individual’s individual needs of each
  284  person, within the scope of available services. It is the policy
  285  of this state that the use of restraint and seclusion on clients
  286  is justified only as an emergency safety measure to be used in
  287  response to imminent danger to the individual client or others.
  288  It is, therefore, the intent of the Legislature to achieve an
  289  ongoing reduction in the use of restraint and seclusion in
  290  programs and facilities serving individuals persons with mental
  291  illness or with a substance abuse impairment.
  292         Section 7. Effective July 1, 2016, section 394.455, Florida
  293  Statutes, is reordered and amended to read:
  294         394.455 Definitions.—As used in this part, unless the
  295  context clearly requires otherwise, the term:
  296         (1) “Addictions receiving facility” means a secure, acute
  297  care facility that, at a minimum, provides detoxification and
  298  stabilization services; is operated 24 hours per day, 7 days a
  299  week; and is designated by the department to serve individuals
  300  found to have substance abuse impairment as defined in
  301  subsection (44) who qualify for services under this section.
  302         (2)(1) “Administrator” means the chief administrative
  303  officer of a receiving or treatment facility or his or her
  304  designee.
  305         (3) “Adult” means an individual who is 18 years of age or
  306  older, or who has had the disability of nonage removed pursuant
  307  to s. 743.01 or s. 743.015.
  308         (4) “Advanced registered nurse practitioner” means any
  309  person licensed in this state to practice professional nursing
  310  who is certified in advanced or specialized nursing practice
  311  under s. 464.012.
  312         (36)(2) “Clinical Psychologist” means a psychologist as
  313  defined in s. 490.003(7) with 3 years of postdoctoral experience
  314  in the practice of clinical psychology, inclusive of the
  315  experience required for licensure, or a psychologist employed by
  316  a facility operated by the United States Department of Veterans
  317  Affairs that qualifies as a receiving or treatment facility
  318  under this part.
  319         (5)(3) “Clinical record” means all parts of the record
  320  required to be maintained and includes all medical records,
  321  progress notes, charts, and admission and discharge data, and
  322  all other information recorded by a facility staff which
  323  pertains to an individual’s the patient’s hospitalization or
  324  treatment.
  325         (6)(4) “Clinical social worker” means a person licensed as
  326  a clinical social worker under s. 491.005 or s. 491.006 or a
  327  person employed as a clinical social worker by a facility
  328  operated by the United States Department of Veterans Affairs or
  329  the United States Department of Defense under chapter 491.
  330         (7)(5) “Community facility” means a any community service
  331  provider contracting with the department to furnish substance
  332  abuse or mental health services under part IV of this chapter.
  333         (8)(6) “Community mental health center or clinic” means a
  334  publicly funded, not-for-profit center that which contracts with
  335  the department for the provision of inpatient, outpatient, day
  336  treatment, or emergency services.
  337         (9)(7) “Court,” unless otherwise specified, means the
  338  circuit court.
  339         (10)(8) “Department” means the Department of Children and
  340  Families.
  341         (11) “Detoxification facility” means a facility licensed to
  342  provide detoxification services under chapter 397.
  343         (12) “Electronic means” means a form of telecommunication
  344  that requires all parties to maintain visual as well as audio
  345  communication.
  346         (13)(9) “Express and informed consent” means consent
  347  voluntarily given in writing, by a competent individual person,
  348  after sufficient explanation and disclosure of the subject
  349  matter involved to enable the individual person to make a
  350  knowing and willful decision without any element of force,
  351  fraud, deceit, duress, or other form of constraint or coercion.
  352         (14)(10) “Facility” means any hospital, community facility,
  353  public or private facility, or receiving or treatment facility
  354  providing for the evaluation, diagnosis, care, treatment,
  355  training, or hospitalization of individuals persons who appear
  356  to have a mental illness or who have been diagnosed as having a
  357  mental illness or substance abuse impairment. The term
  358  “Facility” does not include a any program or entity licensed
  359  under pursuant to chapter 400 or chapter 429.
  360         (15) “Governmental facility” means a facility owned,
  361  operated, or administered by the Department of Corrections or
  362  the United States Department of Veterans Affairs.
  363         (16)(11) “Guardian” means the natural guardian of a minor,
  364  or a person appointed by a court to act on behalf of a ward’s
  365  person if the ward is a minor or has been adjudicated
  366  incapacitated.
  367         (17)(12) “Guardian advocate” means a person appointed by a
  368  court to make decisions regarding mental health or substance
  369  abuse treatment on behalf of an individual a patient who has
  370  been found incompetent to consent to treatment pursuant to this
  371  part. The guardian advocate may be granted specific additional
  372  powers by written order of the court, as provided in this part.
  373         (18)(13) “Hospital” means a hospital facility as defined in
  374  s. 395.002 and licensed under chapter 395 and part II of chapter
  375  408.
  376         (19)(14) “Incapacitated” means that an individual a person
  377  has been adjudicated incapacitated pursuant to part V of chapter
  378  744 and a guardian of the person has been appointed.
  379         (20)(15) “Incompetent to consent to treatment” means that
  380  an individual’s a person’s judgment is so affected by a his or
  381  her mental illness, a substance abuse impairment, or other
  382  medical or organic cause that he or she the person lacks the
  383  capacity to make a well-reasoned, willful, and knowing decision
  384  concerning his or her medical, or mental health, or substance
  385  abuse treatment.
  386         (21) “Involuntary examination” means an examination
  387  performed under s. 394.463 to determine whether an individual
  388  qualifies for involuntary outpatient placement under s. 394.4655
  389  or involuntary inpatient placement under s. 394.467.
  390         (22) “Involuntary placement” means involuntary outpatient
  391  placement under s. 394.4655 or involuntary inpatient placement
  392  in a receiving or treatment facility under s. 394.467.
  393         (23)(16) “Law enforcement officer” means a law enforcement
  394  officer as defined in s. 943.10.
  395         (24) “Marriage and family therapist” means a person
  396  licensed to practice marriage and family therapy under s.
  397  491.005 or s. 491.006 or a person employed as a marriage and
  398  family therapist by a facility operated by the United States
  399  Department of Veterans Affairs or the United States Department
  400  of Defense.
  401         (25) “Mental health counselor” means a person licensed to
  402  practice mental health counseling under s. 491.005 or s. 491.006
  403  or a person employed as a mental health counselor by a facility
  404  operated by the United States Department of Veterans Affairs or
  405  the United States Department of Defense.
  406         (26)(17) “Mental health overlay program” means a mobile
  407  service that which provides an independent examination for
  408  voluntary admission admissions and a range of supplemental
  409  onsite services to an individual who has persons with a mental
  410  illness in a residential setting such as a nursing home,
  411  assisted living facility, adult family-care home, or
  412  nonresidential setting such as an adult day care center.
  413  Independent examinations provided pursuant to this part through
  414  a mental health overlay program must only be provided only under
  415  contract with the department for this service or must be
  416  attached to a public receiving facility that is also a community
  417  mental health center.
  418         (28)(18) “Mental illness” means an impairment of the mental
  419  or emotional processes that exercise conscious control of one’s
  420  actions or of the ability to perceive or understand reality,
  421  which impairment substantially interferes with the individual’s
  422  person’s ability to meet the ordinary demands of living. For the
  423  purposes of this part, the term does not include a developmental
  424  disability as defined in chapter 393, intoxication, or
  425  conditions manifested only by antisocial behavior or substance
  426  abuse impairment.
  427         (29) “Minor” means an individual who is 17 years of age or
  428  younger and who has not had the disabilities of nonage removed
  429  pursuant to s. 743.01 or s. 743.015.
  430         (30)(19) “Mobile crisis response service” means a
  431  nonresidential crisis service attached to a public receiving
  432  facility and available 24 hours a day, 7 days a week, through
  433  which provides immediate intensive assessments and
  434  interventions, including screening for admission into a mental
  435  health receiving facility, an addictions receiving facility, or
  436  a detoxification facility, take place for the purpose of
  437  identifying appropriate treatment services.
  438         (20) “Patient” means any person who is held or accepted for
  439  mental health treatment.
  440         (31)(21) “Physician” means a medical practitioner licensed
  441  under chapter 458 or chapter 459 who has experience in the
  442  diagnosis and treatment of mental and nervous disorders or a
  443  physician employed by a facility operated by the United States
  444  Department of Veterans Affairs or the United States Department
  445  of Defense which qualifies as a receiving or treatment facility
  446  under this part.
  447         (32) “Physician assistant” means a person licensed under
  448  chapter 458 or chapter 459 who has experience in the diagnosis
  449  and treatment of mental disorders or a person employed as a
  450  physician assistant by a facility operated by the United States
  451  Department of Veterans Affairs or the United States Department
  452  of Defense.
  453         (33)(22) “Private facility” means any hospital or facility
  454  operated by a for-profit or not-for-profit corporation or
  455  association that provides mental health or substance abuse
  456  services and is not a public facility.
  457         (34)(23) “Psychiatric nurse” means an advanced a registered
  458  nurse practitioner certified under s. 464.012 licensed under
  459  part I of chapter 464 who has a master’s or doctoral degree or a
  460  doctorate in psychiatric nursing, holds a national advanced
  461  practice certification as a psychiatric-mental health advanced
  462  practice nurse, and has 2 years of post-master’s clinical
  463  experience under the supervision of a physician; or a person
  464  employed as a psychiatric nurse by a facility operated by the
  465  United States Department of Veterans Affairs or the United
  466  States Department of Defense.
  467         (35)(24) “Psychiatrist” means a medical practitioner
  468  licensed under chapter 458 or chapter 459 who has primarily
  469  diagnosed and treated mental and nervous disorders for at least
  470  a period of not less than 3 years, inclusive of psychiatric
  471  residency, or a person employed as a psychiatrist by a facility
  472  operated by the United States Department of Veterans Affairs or
  473  the United States Department of Defense.
  474         (37)(25) “Public facility” means any facility that has
  475  contracted with the department to provide mental health or
  476  substance abuse services to all individuals persons, regardless
  477  of their ability to pay, and is receiving state funds for such
  478  purpose.
  479         (27)(26) “Mental health receiving facility” means any
  480  public or private facility designated by the department to
  481  receive and hold individuals in involuntary status involuntary
  482  patients under emergency conditions or for psychiatric
  483  evaluation and to provide short-term treatment. The term does
  484  not include a county jail.
  485         (38)(27) “Representative” means a person selected pursuant
  486  to s. 394.4597(2) to receive notice of proceedings during the
  487  time a patient is held in or admitted to a receiving or
  488  treatment facility.
  489         (39)(28)(a) “Restraint” means a physical device, method, or
  490  drug used to control behavior.
  491         (a) A physical restraint is any manual method or physical
  492  or mechanical device, material, or equipment attached or
  493  adjacent to an the individual’s body so that he or she cannot
  494  easily remove the restraint and which restricts freedom of
  495  movement or normal access to one’s body.
  496         (b) A drug used as a restraint is a medication used to
  497  control an individual’s the person’s behavior or to restrict his
  498  or her freedom of movement and is not part of the standard
  499  treatment regimen for an individual having of a person with a
  500  diagnosed mental illness who is a client of the department.
  501  Physically holding an individual a person during a procedure to
  502  forcibly administer psychotropic medication is a physical
  503  restraint.
  504         (c) Restraint does not include physical devices, such as
  505  orthopedically prescribed appliances, surgical dressings and
  506  bandages, supportive body bands, or other physical holding when
  507  necessary for routine physical examinations and tests; or for
  508  purposes of orthopedic, surgical, or other similar medical
  509  treatment; when used to provide support for the achievement of
  510  functional body position or proper balance; or when used to
  511  protect an individual a person from falling out of bed.
  512         (40) “School psychologist” has the same meaning as defined
  513  in s. 490.003.
  514         (41)(29) “Seclusion” means the physical segregation of a
  515  person in any fashion or involuntary isolation of an individual
  516  a person in a room or area from which the individual person is
  517  prevented from leaving. The prevention may be by physical
  518  barrier or by a staff member who is acting in a manner, or who
  519  is physically situated, so as to prevent the individual person
  520  from leaving the room or area. For purposes of this chapter, the
  521  term does not mean isolation due to an individual’s a person’s
  522  medical condition or symptoms.
  523         (42)(30) “Secretary” means the Secretary of Children and
  524  Families.
  525         (43) “Service provider” means a mental health receiving
  526  facility, any facility licensed under chapter 397, a treatment
  527  facility, an entity under contract with the department to
  528  provide mental health or substance abuse services, a community
  529  mental health center or clinic, a psychologist, a clinical
  530  social worker, a marriage and family therapist, a mental health
  531  counselor, a physician, a psychiatrist, an advanced registered
  532  nurse practitioner, or a psychiatric nurse.
  533         (44) “Substance abuse impairment” means a condition
  534  involving the use of alcoholic beverages or any psychoactive or
  535  mood-altering substance in such a manner as to induce mental,
  536  emotional, or physical problems and cause socially dysfunctional
  537  behavior.
  538         (45) “Substance abuse qualified professional” has the same
  539  meaning as the term “qualified professional” as defined in s.
  540  397.311.
  541         (46)(31) “Transfer evaluation” means the process, as
  542  approved by the appropriate district office of the department,
  543  in which an individual whereby a person who is being considered
  544  for placement in a state treatment facility is first evaluated
  545  for appropriateness of admission to a treatment the facility.
  546  The transfer evaluation shall be conducted by the department, by
  547  a community-based public receiving facility, or by another
  548  service provider as authorized by the department, or by a
  549  community mental health center or clinic if the public receiving
  550  facility is not a community mental health center or clinic.
  551         (47)(32) “Treatment facility” means a any state-owned,
  552  state-operated, or state-supported hospital, center, or clinic
  553  designated by the department for extended treatment and
  554  hospitalization of individuals who have a mental illness, beyond
  555  that provided for by a receiving facility or a, of persons who
  556  have a mental illness, including facilities of the United States
  557  Government, and any private facility designated by the
  558  department when rendering such services to a person pursuant to
  559  the provisions of this part. Patients treated in facilities of
  560  the United States Government shall be solely those whose care is
  561  the responsibility of the United States Department of Veterans
  562  Affairs.
  563         (33) “Service provider” means any public or private
  564  receiving facility, an entity under contract with the Department
  565  of Children and Families to provide mental health services, a
  566  clinical psychologist, a clinical social worker, a marriage and
  567  family therapist, a mental health counselor, a physician, a
  568  psychiatric nurse as defined in subsection (23), or a community
  569  mental health center or clinic as defined in this part.
  570         (34) “Involuntary examination” means an examination
  571  performed under s. 394.463 to determine if an individual
  572  qualifies for involuntary inpatient treatment under s.
  573  394.467(1) or involuntary outpatient treatment under s.
  574  394.4655(1).
  575         (35) “Involuntary placement” means either involuntary
  576  outpatient treatment pursuant to s. 394.4655 or involuntary
  577  inpatient treatment pursuant to s. 394.467.
  578         (36) “Marriage and family therapist” means a person
  579  licensed as a marriage and family therapist under chapter 491.
  580         (37) “Mental health counselor” means a person licensed as a
  581  mental health counselor under chapter 491.
  582         (38) “Electronic means” means a form of telecommunication
  583  that requires all parties to maintain visual as well as audio
  584  communication.
  585         Section 8. Effective July 1, 2016, section 394.457, Florida
  586  Statutes, is amended to read:
  587         394.457 Operation and administration.—
  588         (1) ADMINISTRATION.—The Department of Children and Families
  589  is designated the “Mental Health Authority” of Florida. The
  590  department and the Agency for Health Care Administration shall
  591  exercise executive and administrative supervision over all
  592  mental health facilities, programs, and services.
  593         (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is
  594  responsible for:
  595         (a) The planning, evaluation, and implementation of a
  596  complete and comprehensive statewide program of mental health
  597  and substance abuse program, including community services,
  598  receiving and treatment facilities, child services, research,
  599  and training as authorized and approved by the Legislature,
  600  based on the annual program budget of the department. The
  601  department is also responsible for the coordination of efforts
  602  with other departments and divisions of the state government,
  603  county and municipal governments, and private agencies concerned
  604  with and providing mental health and substance abuse services.
  605  It is responsible for establishing standards, providing
  606  technical assistance, and supervising exercising supervision of
  607  mental health and substance abuse programs of, and the treatment
  608  of individuals patients at, community facilities, other
  609  facilities serving individuals for persons who have a mental
  610  illness or substance abuse impairment, and any agency or
  611  facility providing services under to patients pursuant to this
  612  part.
  613         (b) The publication and distribution of an information
  614  handbook to facilitate understanding of this part, the policies
  615  and procedures involved in the implementation of this part, and
  616  the responsibilities of the various providers of services under
  617  this part. It shall stimulate research by public and private
  618  agencies, institutions of higher learning, and hospitals in the
  619  interest of the elimination and amelioration of mental illness.
  620         (3) POWER TO CONTRACT.—The department may contract to
  621  provide, and be provided with, services and facilities in order
  622  to carry out its responsibilities under this part with the
  623  following agencies: public and private hospitals; receiving and
  624  treatment facilities; clinics; laboratories; departments,
  625  divisions, and other units of state government; the state
  626  colleges and universities; the community colleges; private
  627  colleges and universities; counties, municipalities, and any
  628  other governmental unit, including facilities of the United
  629  States Government; and any other public or private entity which
  630  provides or needs facilities or services. Baker Act funds for
  631  community inpatient, crisis stabilization, short-term
  632  residential treatment, and screening services must be allocated
  633  to each county pursuant to the department’s funding allocation
  634  methodology. Notwithstanding s. 287.057(3)(e), contracts for
  635  community-based Baker Act services for inpatient, crisis
  636  stabilization, short-term residential treatment, and screening
  637  provided under this part, other than those with other units of
  638  government, to be provided for the department must be awarded
  639  using competitive sealed bids if the county commission of the
  640  county receiving the services makes a request to the
  641  department’s district office by January 15 of the contracting
  642  year. The district may not enter into a competitively bid
  643  contract under this provision if such action will result in
  644  increases of state or local expenditures for Baker Act services
  645  within the district. Contracts for these Baker Act services
  646  using competitive sealed bids are effective for 3 years. The
  647  department shall adopt rules establishing minimum standards for
  648  such contracted services and facilities and shall make periodic
  649  audits and inspections to assure that the contracted services
  650  are provided and meet the standards of the department.
  651         (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The
  652  department may apply for and accept any funds, grants, gifts, or
  653  services made available to it by any agency or department of the
  654  Federal Government or any other public or private agency or
  655  person individual in aid of mental health and substance abuse
  656  programs. All such moneys must shall be deposited in the State
  657  Treasury and shall be disbursed as provided by law.
  658         (5) RULES.—The department shall adopt rules:
  659         (a) Establishing The department shall adopt rules
  660  establishing forms and procedures relating to the rights and
  661  privileges of individuals being examined or treated at patients
  662  seeking mental health treatment from facilities under this part.
  663         (b) The department shall adopt rules Necessary for the
  664  implementation and administration of the provisions of this
  665  part., and A program subject to the provisions of this part may
  666  shall not be permitted to operate unless rules designed to
  667  ensure the protection of the health, safety, and welfare of the
  668  individuals examined and patients treated under through such
  669  program have been adopted. Such rules adopted under this
  670  subsection must include provisions governing the use of
  671  restraint and seclusion which are consistent with recognized
  672  best practices and professional judgment; prohibit inherently
  673  dangerous restraint or seclusion procedures; establish
  674  limitations on the use and duration of restraint and seclusion;
  675  establish measures to ensure the safety of program participants
  676  and staff during an incident of restraint or seclusion;
  677  establish procedures for staff to follow before, during, and
  678  after incidents of restraint or seclusion; establish
  679  professional qualifications of and training for staff who may
  680  order or be engaged in the use of restraint or seclusion; and
  681  establish mandatory reporting, data collection, and data
  682  dissemination procedures and requirements. Such rules adopted
  683  under this subsection must require that each instance of the use
  684  of restraint or seclusion be documented in the clinical record
  685  of the individual who has been restrained or secluded patient.
  686         (c) Establishing The department shall adopt rules
  687  establishing minimum standards for services provided by a mental
  688  health overlay program or a mobile crisis response service.
  689         (6) PERSONNEL.—
  690         (a) The department shall, by rule, establish minimum
  691  standards of education and experience for professional and
  692  technical personnel employed in mental health programs,
  693  including members of a mobile crisis response service.
  694         (b) The department shall design and distribute appropriate
  695  materials for the orientation and training of persons actively
  696  engaged in implementing the provisions of this part relating to
  697  the involuntary examination and placement of persons who are
  698  believed to have a mental illness.
  699         (6)(7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee
  700  collections for patients in state-owned, state-operated, or
  701  state-supported treatment facilities shall be according to s.
  702  402.33.
  703         Section 9. Section 394.4573, Florida Statutes, is amended
  704  to read:
  705         394.4573 Continuity of care management system; measures of
  706  performance; reports.—
  707         (1) For the purposes of this section, the term:
  708         (a) “Case management” means those activities aimed at
  709  assessing client needs, planning services, linking the service
  710  system to a client, coordinating the various system components,
  711  monitoring service delivery, and evaluating the effect of
  712  service delivery.
  713         (b) “Case manager” means a person an individual who works
  714  with clients, and their families and significant others, to
  715  provide case management.
  716         (c) “Client manager” means an employee of the department
  717  who is assigned to specific provider agencies and geographic
  718  areas to ensure that the full range of needed services is
  719  available to clients.
  720         (d) “Continuity of care management system” means a system
  721  that assures, within available resources, that clients have
  722  access to the full array of services within the mental health
  723  services delivery system.
  724         (2) The department shall ensure the establishment of is
  725  directed to implement a continuity of care management system for
  726  the provision of mental health and substance abuse care in
  727  compliance with s. 394.9082., through the provision of client
  728  and case management, including clients referred from state
  729  treatment facilities to community mental health facilities. Such
  730  system shall include a network of client managers and case
  731  managers throughout the state designed to:
  732         (a) Reduce the possibility of a client’s admission or
  733  readmission to a state treatment facility.
  734         (b) Provide for the creation or designation of an agency in
  735  each county to provide single intake services for each person
  736  seeking mental health services. Such agency shall provide
  737  information and referral services necessary to ensure that
  738  clients receive the most appropriate and least restrictive form
  739  of care, based on the individual needs of the person seeking
  740  treatment. Such agency shall have a single telephone number,
  741  operating 24 hours per day, 7 days per week, where practicable,
  742  at a central location, where each client will have a central
  743  record.
  744         (c) Advocate on behalf of the client to ensure that all
  745  appropriate services are afforded to the client in a timely and
  746  dignified manner.
  747         (d) Require that any public receiving facility initiating a
  748  patient transfer to a licensed hospital for acute care mental
  749  health services not accessible through the public receiving
  750  facility shall notify the hospital of such transfer and send all
  751  records relating to the emergency psychiatric or medical
  752  condition.
  753         (3) The department is directed to develop and include in
  754  contracts with service providers measures of performance with
  755  regard to goals and objectives as specified in the state plan.
  756  Such measures shall use, to the extent practical, existing data
  757  collection methods and reports and shall not require, as a
  758  result of this subsection, additional reports on the part of
  759  service providers. The department shall plan monitoring visits
  760  of community mental health facilities with other state, federal,
  761  and local governmental and private agencies charged with
  762  monitoring such facilities.
  763         Section 10. Effective July 1, 2016, section 394.459,
  764  Florida Statutes, is amended to read:
  765         394.459 Rights of individuals receiving treatment and
  766  services patients.—
  767         (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this
  768  state that the individual dignity of all individuals held for
  769  examination or admitted for mental health or substance abuse
  770  treatment the patient shall be respected at all times and upon
  771  all occasions, including any occasion when the individual
  772  patient is taken into custody, held, or transported. Procedures,
  773  facilities, vehicles, and restraining devices used utilized for
  774  criminals or those accused of a crime may shall not be used in
  775  connection with individuals persons who have a mental illness or
  776  substance abuse impairment, except for the protection of that
  777  individual the patient or others. An individual Persons who has
  778  have a mental illness but who has are not been charged with a
  779  criminal offense may shall not be detained or incarcerated in
  780  the jails of this state. An individual A person who is receiving
  781  treatment for mental illness or substance abuse may shall not be
  782  deprived of his or her any constitutional rights. However, if
  783  such individual a person is adjudicated incapacitated, his or
  784  her rights may be limited to the same extent that the rights of
  785  any incapacitated individual person are limited by law.
  786         (2)PROTECTIVE CUSTODY WITHOUT CONSENT FOR SUBSTANCE ABUSE
  787  IMPAIRMENT.—An individual who has a substance abuse impairment
  788  but who has not been charged with a criminal offense may be
  789  placed in protective custody without his or her consent, subject
  790  to the limitations specified in this subsection. If it has been
  791  determined that a hospital, an addictions receiving facility, or
  792  a licensed detoxification facility is the most appropriate
  793  placement for the individual, law enforcement may implement
  794  protective custody measures as specified in this subsection.
  795         (a) An individual meets the criteria for placement in
  796  protective custody if there is a good faith reason to believe
  797  that the individual is impaired by substance abuse, has lost the
  798  power of self-control with respect to substance use because of
  799  such impairment, and:
  800         1. Has inflicted, or threated or attempted to inflict, or
  801  unless admitted is likely to inflict, physical harm on himself
  802  or herself or another; or
  803         2. Is in need of substance abuse services and, by reason of
  804  substance abuse impairment, is incapacitated and unable to make
  805  a rational decision with regard thereto. However, mere refusal
  806  to seek or obtain such services does not constitute evidence of
  807  lack of judgment with respect to his or her need for such
  808  services.
  809         (b)If an individual who is in circumstances that justify
  810  protective custody as described in paragraph (a) fails or
  811  refuses to consent to assistance and a law enforcement officer
  812  has determined that a hospital, an addictions receiving
  813  facility, or a licensed detoxification facility is the most
  814  appropriate place for such individual, the officer may, after
  815  giving due consideration to the expressed wishes of the
  816  individual:
  817         1. Take the individual to a hospital, an addictions
  818  receiving facility, or a licensed detoxification facility
  819  against the individual’s will but without using unreasonable
  820  force; or
  821         2. In the case of an adult, detain the individual for his
  822  or her own protection in any municipal or county jail or other
  823  appropriate detention facility.
  824  
  825  Detention under this paragraph is not to be considered an arrest
  826  for any purpose, and an entry or other record may not be made to
  827  indicate that the individual has been detained or charged with
  828  any crime. The officer in charge of the detention facility must
  829  notify the nearest appropriate licensed service provider within
  830  8 hours after detention that the individual has been detained.
  831  The detention facility must arrange, as necessary, for
  832  transportation of the individual to an appropriate licensed
  833  service provider with an available bed. Individuals detained
  834  under this paragraph must be assessed by an attending physician
  835  without unnecessary delay and within a 72-hour period to
  836  determine the need for further services.
  837         (c) The nearest relative of a minor in protective custody
  838  must be notified by the law enforcement officer, as must the
  839  nearest relative of an adult, unless the adult requests that
  840  there be no notification.
  841         (d) An individual who is in protective custody must be
  842  released by a qualified professional when any of the following
  843  circumstances occur:
  844         1. The individual no longer meets the protective custody
  845  criteria set out in paragraph (a);
  846         2. A 72-hour period has elapsed since the individual was
  847  taken into custody; or
  848         3. The individual has consented voluntarily to readmission
  849  at the facility of the licensed service provider.
  850         (e) An individual may be detained in protective custody
  851  beyond the 72-hour period if a petitioner has initiated
  852  proceedings for involuntary assessment or treatment. The timely
  853  filing of the petition authorizes the service provider to retain
  854  physical custody of the individual pending further order of the
  855  court.
  856         (3)(2) RIGHT TO TREATMENT.—An individual held for
  857  examination or admitted for mental illness or substance abuse
  858  treatment:
  859         (a) May A person shall not be denied treatment for mental
  860  illness or substance abuse impairment, and services may shall
  861  not be delayed at a mental health receiving facility, addictions
  862  receiving facility, detoxification facility, or treatment
  863  facility because of inability to pay. However, every reasonable
  864  effort to collect appropriate reimbursement for the cost of
  865  providing mental health or substance abuse services from
  866  individuals to persons able to pay for services, including
  867  insurance or third-party payments by third-party payers, shall
  868  be made by facilities providing services under pursuant to this
  869  part.
  870         (b) Shall be provided It is further the policy of the state
  871  that the least restrictive appropriate available treatment,
  872  which must be utilized based on the individual’s individual
  873  needs and best interests of the patient and consistent with the
  874  optimum improvement of the individual’s patient’s condition.
  875         (c) Shall Each person who remains at a receiving or
  876  treatment facility for more than 12 hours shall be given a
  877  physical examination by a health practitioner authorized by law
  878  to give such examinations, and a mental health or substance
  879  abuse evaluation, as appropriate, by a psychiatrist,
  880  psychologist, psychiatric nurse, or qualified substance abuse
  881  professional, within 24 hours after arrival at such facility if
  882  the individual has not been released or discharged pursuant to
  883  s. 394.463(2)(h) or s. 394.469. The physical examination and
  884  mental health evaluation must be documented in the clinical
  885  record. The physical and mental health examinations shall
  886  include efforts to identify indicators of substance abuse
  887  impairment, substance abuse intoxication, and substance abuse
  888  withdrawal.
  889         (d) Shall Every patient in a facility shall be afforded the
  890  opportunity to participate in activities designed to enhance
  891  self-image and the beneficial effects of other treatments, as
  892  determined by the facility.
  893         (e) Shall, not more than 5 days after admission to a
  894  facility, each patient shall have and receive an individualized
  895  treatment plan in writing, which the individual patient has had
  896  an opportunity to assist in preparing and to review before prior
  897  to its implementation. The plan must shall include a space for
  898  the individual’s patient’s comments and signature.
  899         (4)(3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
  900         (a)1. Each individual patient entering treatment shall be
  901  asked to give express and informed consent for admission or
  902  treatment.
  903         (a) If the individual patient has been adjudicated
  904  incapacitated or found to be incompetent to consent to
  905  treatment, express and informed consent must to treatment shall
  906  be sought from his or her instead from the patient’s guardian,
  907  or guardian advocate, or health care surrogate or proxy. If the
  908  individual patient is a minor, express and informed consent for
  909  admission or treatment must be obtained shall also be requested
  910  from the patient’s guardian. Express and informed consent for
  911  admission or treatment of a patient under 18 years of age shall
  912  be required from the minor’s patient’s guardian, unless the
  913  minor is seeking outpatient crisis intervention services under
  914  s. 394.4784. Express and informed consent for admission or
  915  treatment given by a patient who is under 18 years of age shall
  916  not be a condition of admission when the patient’s guardian
  917  gives express and informed consent for the patient’s admission
  918  pursuant to s. 394.463 or s. 394.467.
  919         (b)2. Before giving express and informed consent, the
  920  following information shall be provided and explained in plain
  921  language to the individual and patient, or to his or her the
  922  patient’s guardian if the individual patient is an adult 18
  923  years of age or older and has been adjudicated incapacitated, or
  924  to his or her the patient’s guardian advocate if the individual
  925  patient has been found to be incompetent to consent to
  926  treatment, to the health care surrogate or proxy, or to both the
  927  individual patient and the guardian if the individual patient is
  928  a minor: the reason for admission or treatment; the proposed
  929  treatment and; the purpose of such the treatment to be provided;
  930  the common risks, benefits, and side effects of the proposed
  931  treatment thereof; the specific dosage range of for the
  932  medication, if when applicable; alternative treatment
  933  modalities; the approximate length of care; the potential
  934  effects of stopping treatment; how treatment will be monitored;
  935  and that any consent given for treatment may be revoked orally
  936  or in writing before or during the treatment period by the
  937  individual receiving the treatment patient or by a person who is
  938  legally authorized to make health care decisions on the
  939  individual’s behalf of the patient.
  940         (b) In the case of medical procedures requiring the use of
  941  a general anesthetic or electroconvulsive treatment, and prior
  942  to performing the procedure, express and informed consent shall
  943  be obtained from the patient if the patient is legally
  944  competent, from the guardian of a minor patient, from the
  945  guardian of a patient who has been adjudicated incapacitated, or
  946  from the guardian advocate of the patient if the guardian
  947  advocate has been given express court authority to consent to
  948  medical procedures or electroconvulsive treatment as provided
  949  under s. 394.4598.
  950         (c) When the department is the legal guardian of a patient,
  951  or is the custodian of a patient whose physician is unwilling to
  952  perform a medical procedure, including an electroconvulsive
  953  treatment, based solely on the patient’s consent and whose
  954  guardian or guardian advocate is unknown or unlocatable, the
  955  court shall hold a hearing to determine the medical necessity of
  956  the medical procedure. The patient shall be physically present,
  957  unless the patient’s medical condition precludes such presence,
  958  represented by counsel, and provided the right and opportunity
  959  to be confronted with, and to cross-examine, all witnesses
  960  alleging the medical necessity of such procedure. In such
  961  proceedings, the burden of proof by clear and convincing
  962  evidence shall be on the party alleging the medical necessity of
  963  the procedure.
  964         (d) The administrator of a receiving or treatment facility
  965  may, upon the recommendation of the patient’s attending
  966  physician, authorize emergency medical treatment, including a
  967  surgical procedure, if such treatment is deemed lifesaving, or
  968  if the situation threatens serious bodily harm to the patient,
  969  and permission of the patient or the patient’s guardian or
  970  guardian advocate cannot be obtained.
  971         (5)(4) QUALITY OF TREATMENT.—
  972         (a) Each individual patient shall receive services,
  973  including, for a patient placed under s. 394.4655 shall receive,
  974  those services that are included in the court order which are
  975  suited to his or her needs, and which shall be administered
  976  skillfully, safely, and humanely with full respect for the
  977  individual’s patient’s dignity and personal integrity. Each
  978  individual patient shall receive such medical, vocational,
  979  social, educational, substance abuse, and rehabilitative
  980  services as his or her condition requires in order to live
  981  successfully in the community. In order to achieve this goal,
  982  the department shall is directed to coordinate its mental health
  983  and substance abuse programs with all other programs of the
  984  department and other state agencies.
  985         (b) Facilities shall develop and maintain, in a form that
  986  is accessible to and readily understandable by individuals held
  987  for examination or admitted for mental health or substance abuse
  988  treatment patients and consistent with rules adopted by the
  989  department, the following:
  990         1. Criteria, procedures, and required staff training for
  991  the any use of close or elevated levels of supervision, of
  992  restraint, seclusion, or isolation, or of emergency treatment
  993  orders, and for the use of bodily control and physical
  994  management techniques.
  995         2. Procedures for documenting, monitoring, and requiring
  996  clinical review of all uses of the procedures described in
  997  subparagraph 1. and for documenting and requiring review of any
  998  incidents resulting in injury to individuals receiving services
  999  patients.
 1000         3. A system for investigating, tracking, managing, and
 1001  responding to complaints by individuals persons receiving
 1002  services or persons individuals acting on their behalf.
 1003         (c) Facilities shall have written procedures for reporting
 1004  events that place individuals receiving services at risk of
 1005  harm. Such events must be reported to the managing entity in the
 1006  facility’s region and the department as soon as reasonably
 1007  possible after discovery and include, but are not limited to:
 1008         1. The death, regardless of cause or manner, of an
 1009  individual examined or treated at a facility that occurs while
 1010  the individual is at the facility or that occurs within 72 hours
 1011  after release, if the death is known to the facility
 1012  administrator.
 1013         2. An injury sustained, or allegedly sustained, at a
 1014  facility, by an individual examined or treated at the facility
 1015  and caused by an accident, self-inflicted injury, assault, act
 1016  of abuse, neglect, or suicide attempt, if the injury requires
 1017  medical treatment by a licensed health care practitioner in an
 1018  acute care medical facility.
 1019         3. The unauthorized departure or absence of an individual
 1020  from a facility in which he or she has been held for involuntary
 1021  examination or involuntary placement.
 1022         4. A disaster or crisis situation such as a tornado,
 1023  hurricane, kidnapping, riot, or hostage situation that
 1024  jeopardizes the health, safety, or welfare of individuals
 1025  examined or treated in a facility.
 1026         5. An allegation of sexual battery upon an individual
 1027  examined or treated in a facility.
 1028         (d)(c) A facility may not use seclusion or restraint for
 1029  punishment, to compensate for inadequate staffing, or for the
 1030  convenience of staff. Facilities shall ensure that all staff are
 1031  made aware of these restrictions on the use of seclusion and
 1032  restraint and shall make and maintain records that which
 1033  demonstrate that this information has been conveyed to each
 1034  individual staff member members.
 1035         (6)(5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
 1036         (a) Each individual person receiving services in a facility
 1037  providing mental health services under this part has the right
 1038  to communicate freely and privately with persons outside the
 1039  facility unless it is determined that such communication is
 1040  likely to be harmful to the individual person or others. Each
 1041  facility shall make available as soon as reasonably possible to
 1042  persons receiving services a telephone that allows for free
 1043  local calls and access to a long-distance service to the
 1044  individual as soon as reasonably possible. A facility is not
 1045  required to pay the costs of the individual’s a patient’s long
 1046  distance calls. The telephone must shall be readily accessible
 1047  to the patient and shall be placed so that the individual
 1048  patient may use it to communicate privately and confidentially.
 1049  The facility may establish reasonable rules for the use of the
 1050  this telephone which, provided that the rules do not interfere
 1051  with an individual’s a patient’s access to a telephone to report
 1052  abuse pursuant to paragraph (e).
 1053         (b) Each individual patient admitted to a facility under
 1054  the provisions of this part shall be allowed to receive, send,
 1055  and mail sealed, unopened correspondence; and the individual’s
 1056  no patient’s incoming or outgoing correspondence may not shall
 1057  be opened, delayed, held, or censored by the facility unless
 1058  there is reason to believe that it contains items or substances
 1059  that which may be harmful to the individual patient or others,
 1060  in which case the administrator may direct reasonable
 1061  examination of such mail and may regulate the disposition of
 1062  such items or substances.
 1063         (c) Each facility shall allow must permit immediate access
 1064  to an individual any patient, subject to the patient’s right to
 1065  deny or withdraw consent at any time, by the individual, or by
 1066  the individual’s patient’s family members, guardian, guardian
 1067  advocate, health care surrogate or proxy, representative,
 1068  Florida statewide or local advocacy council, or attorneys
 1069  attorney, unless such access would be detrimental to the
 1070  individual patient. If the a patient’s right to communicate or
 1071  to receive visitors is restricted by the facility, written
 1072  notice of such restriction and the reasons for the restriction
 1073  shall be served on the individual and patient, the individual’s
 1074  patient’s attorney, and the patient’s guardian, guardian
 1075  advocate, health care surrogate or proxy, or representative; and
 1076  such restriction, and the reasons for the restriction, must
 1077  shall be recorded in on the patient’s clinical record with the
 1078  reasons therefor. The restriction must of a patient’s right to
 1079  communicate or to receive visitors shall be reviewed at least
 1080  every 7 days. The right to communicate or receive visitors may
 1081  shall not be restricted as a means of punishment. This Nothing
 1082  in this paragraph may not shall be construed to limit the
 1083  provisions of paragraph (d).
 1084         (d) Each facility shall establish reasonable rules, which
 1085  must be the least restrictive possible, governing visitors,
 1086  visiting hours, and the use of telephones by individuals
 1087  patients in the least restrictive possible manner. An individual
 1088  has Patients shall have the right to contact and to receive
 1089  communication from his or her attorney their attorneys at any
 1090  reasonable time.
 1091         (e) Each individual patient receiving mental health or
 1092  substance abuse treatment in any facility shall have ready
 1093  access to a telephone in order to report an alleged abuse. The
 1094  facility staff shall orally and in writing inform each
 1095  individual patient of the procedure for reporting abuse and
 1096  shall make every reasonable effort to present the information in
 1097  a language the individual patient understands. A written copy of
 1098  that procedure, including the telephone number of the central
 1099  abuse hotline and reporting forms, must shall be posted in plain
 1100  view.
 1101         (f) The department shall adopt rules providing a procedure
 1102  for reporting abuse. Facility staff shall be required, As a
 1103  condition of employment, facility staff shall to become familiar
 1104  with the requirements and procedures for the reporting of abuse.
 1105         (7)(6) CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—A
 1106  facility shall respect the rights of an individual with regard A
 1107  patient’s right to the possession of his or her clothing and
 1108  personal effects shall be respected. The facility may take
 1109  temporary custody of such effects if when required for medical
 1110  and safety reasons. The A patient’s clothing and personal
 1111  effects shall be inventoried upon their removal into temporary
 1112  custody. Copies of this inventory shall be given to the
 1113  individual patient and to his or her the patient’s guardian,
 1114  guardian advocate, health care surrogate or proxy, or
 1115  representative and shall be recorded in the patient’s clinical
 1116  record. This inventory may be amended upon the request of the
 1117  individual patient or his or her the patient’s guardian,
 1118  guardian advocate, health care surrogate or proxy, or
 1119  representative. The inventory and any amendments to it must be
 1120  witnessed by two members of the facility staff and by the
 1121  individual patient, if he or she is able. All of the a patient’s
 1122  clothing and personal effects held by the facility shall be
 1123  returned to the individual patient immediately upon his or her
 1124  the discharge or transfer of the patient from the facility,
 1125  unless such return would be detrimental to the individual
 1126  patient. If personal effects are not returned to the patient,
 1127  the reason must be documented in the clinical record along with
 1128  the disposition of the clothing and personal effects, which may
 1129  be given instead to the individual’s patient’s guardian,
 1130  guardian advocate, health care surrogate or proxy, or
 1131  representative. As soon as practicable after an emergency
 1132  transfer of a patient, the individual’s patient’s clothing and
 1133  personal effects shall be transferred to the individual’s
 1134  patient’s new location, together with a copy of the inventory
 1135  and any amendments, unless an alternate plan is approved by the
 1136  individual patient, if he or she is able, and by his or her the
 1137  patient’s guardian, guardian advocate, health care surrogate or
 1138  proxy, or representative.
 1139         (8)(7) VOTING IN PUBLIC ELECTIONS.—A patient who is
 1140  eligible to vote according to the laws of the state has the
 1141  right to vote in the primary and general elections. The
 1142  department shall establish rules to enable patients to obtain
 1143  voter registration forms, applications for absentee ballots, and
 1144  absentee ballots.
 1145         (9)(8) HABEAS CORPUS.—
 1146         (a) At any time, and without notice, an individual a person
 1147  held or admitted for mental health or substance abuse
 1148  examination or placement in a receiving or treatment facility,
 1149  or a relative, friend, guardian, guardian advocate, health care
 1150  surrogate or proxy, representative, or attorney, or the
 1151  department, on behalf of such individual person, may petition
 1152  for a writ of habeas corpus to question the cause and legality
 1153  of such detention and request that the court order a return to
 1154  the writ in accordance with chapter 79. Each individual patient
 1155  held in a facility shall receive a written notice of the right
 1156  to petition for a writ of habeas corpus.
 1157         (b) At any time, and without notice, an individual held or
 1158  admitted for mental health or substance abuse examination or
 1159  placement a person who is a patient in a receiving or treatment
 1160  facility, or a relative, friend, guardian, guardian advocate,
 1161  health care surrogate or proxy, representative, or attorney, or
 1162  the department, on behalf of such individual person, may file a
 1163  petition in the circuit court in the county where the individual
 1164  patient is being held alleging that he or she the patient is
 1165  being unjustly denied a right or privilege granted under this
 1166  part herein or that a procedure authorized under this part
 1167  herein is being abused. Upon the filing of such a petition, the
 1168  court shall have the authority to conduct a judicial inquiry and
 1169  to issue an any order needed to correct an abuse of the
 1170  provisions of this part.
 1171         (c) The administrator of any receiving or treatment
 1172  facility receiving a petition under this subsection shall file
 1173  the petition with the clerk of the court on the next court
 1174  working day.
 1175         (d) A No fee may not shall be charged for the filing of a
 1176  petition under this subsection.
 1177         (10)(9) VIOLATIONS.—The department shall report to the
 1178  Agency for Health Care Administration any violation of the
 1179  rights or privileges of patients, or of any procedures provided
 1180  under this part, by any facility or professional licensed or
 1181  regulated by the agency. The agency is authorized to impose any
 1182  sanction authorized for violation of this part, based solely on
 1183  the investigation and findings of the department.
 1184         (11)(10) LIABILITY FOR VIOLATIONS.—Any person who violates
 1185  or abuses any rights or privileges of patients provided by this
 1186  part is liable for damages as determined by law. Any person who
 1187  acts in good faith in compliance with the provisions of this
 1188  part is immune from civil or criminal liability for his or her
 1189  actions in connection with the admission, diagnosis, treatment,
 1190  or discharge of a patient to or from a facility. However, this
 1191  section does not relieve any person from liability if such
 1192  person commits negligence.
 1193         (12)(11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE
 1194  PLANNING.—The patient shall have the opportunity to participate
 1195  in treatment and discharge planning and shall be notified in
 1196  writing of his or her right, upon discharge from the facility,
 1197  to seek treatment from the professional or agency of the
 1198  patient’s choice.
 1199         (13) ADVANCE DIRECTIVES.—All service providers under this
 1200  part shall provide information concerning advance directives to
 1201  individuals and assist those who are competent and willing to
 1202  complete an advance directive. The directive may include
 1203  instructions regarding mental health or substance abuse care.
 1204  Service providers under this part shall honor the advance
 1205  directive of individuals they serve, or shall request the
 1206  transfer of the individual as required under s. 765.1105.
 1207         (14)(12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.—Each
 1208  facility shall post a notice listing and describing, in the
 1209  language and terminology that the persons to whom the notice is
 1210  addressed can understand, the rights provided in this section.
 1211  This notice shall include a statement that provisions of the
 1212  federal Americans with Disabilities Act apply and the name and
 1213  telephone number of a person to contact for further information.
 1214  This notice shall be posted in a place readily accessible to
 1215  patients and in a format easily seen by patients. This notice
 1216  shall include the telephone numbers of the Florida local
 1217  advocacy council and Advocacy Center for Persons with
 1218  Disabilities, Inc.
 1219         Section 11. Section 394.4597, Florida Statutes, is amended
 1220  to read:
 1221         394.4597 Persons to be notified; appointment of a patient’s
 1222  representative.—
 1223         (1) VOLUNTARY ADMISSION PATIENTS.—At the time an individual
 1224  a patient is voluntarily admitted to a receiving or treatment
 1225  facility, the individual shall be asked to identify a person to
 1226  be notified in case of an emergency, and the identity and
 1227  contact information of that a person to be notified in case of
 1228  an emergency shall be entered in the individual’s patient’s
 1229  clinical record.
 1230         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1231         (a) At the time an individual a patient is admitted to a
 1232  facility for involuntary examination or placement, or when a
 1233  petition for involuntary placement is filed, the names,
 1234  addresses, and telephone numbers of the individual’s patient’s
 1235  guardian or guardian advocate, health care surrogate, or proxy,
 1236  or representative if he or she the patient has no guardian, and
 1237  the individual’s patient’s attorney shall be entered in the
 1238  patient’s clinical record.
 1239         (b) If the individual patient has no guardian, guardian
 1240  advocate, health care surrogate, or proxy, he or she the patient
 1241  shall be asked to designate a representative. If the individual
 1242  patient is unable or unwilling to designate a representative,
 1243  the facility shall select a representative.
 1244         (c) The individual patient shall be consulted with regard
 1245  to the selection of a representative by the receiving or
 1246  treatment facility and may shall have authority to request that
 1247  the any such representative be replaced.
 1248         (d) If When the receiving or treatment facility selects a
 1249  representative, first preference shall be given to a health care
 1250  surrogate, if one has been previously selected by the patient.
 1251  If the individual patient has not previously selected a health
 1252  care surrogate, the selection, except for good cause documented
 1253  in the individual’s patient’s clinical record, shall be made
 1254  from the following list in the order of listing:
 1255         1. The individual’s patient’s spouse.
 1256         2. An adult child of the individual patient.
 1257         3. A parent of the individual patient.
 1258         4. The adult next of kin of the individual patient.
 1259         5. An adult friend of the individual patient.
 1260         6. The appropriate Florida local advocacy council as
 1261  provided in s. 402.166.
 1262         (e) The following persons are prohibited from selection as
 1263  an individual’s representative:
 1264         1. A professional providing clinical services to the
 1265  individual under this part;
 1266         2. The licensed professional who initiated the involuntary
 1267  examination of the individual, if the examination was initiated
 1268  by professional certificate;
 1269         3. An employee, administrator, or board member of the
 1270  facility providing the examination of the individual;
 1271         4. An employee, administrator, or board member of a
 1272  treatment facility providing treatment of the individual;
 1273         5. A person providing any substantial professional services
 1274  to the individual, including clinical and nonclinical services;
 1275         6. A creditor of the individual;
 1276         7. A person subject to an injunction for protection against
 1277  domestic violence under s. 741.30, whether the order of
 1278  injunction is temporary or final, and for which the individual
 1279  was the petitioner; and
 1280         8. A person subject to an injunction for protection against
 1281  repeat violence, sexual violence, or dating violence under s.
 1282  784.046, whether the order of injunction is temporary or final,
 1283  and for which the individual was the petitioner.
 1284         (e) A licensed professional providing services to the
 1285  patient under this part, an employee of a facility providing
 1286  direct services to the patient under this part, a department
 1287  employee, a person providing other substantial services to the
 1288  patient in a professional or business capacity, or a creditor of
 1289  the patient shall not be appointed as the patient’s
 1290  representative.
 1291         (f) The representative selected by the individual or
 1292  designated by the facility has the right to:
 1293         1. Receive notice of the individual’s admission;
 1294         2. Receive notice of proceedings affecting the individual;
 1295         3. Have immediate access to the individual unless such
 1296  access is documented to be detrimental to the individual;
 1297         4. Receive notice of any restriction of the individual’s
 1298  right to communicate or receive visitors;
 1299         5. Receive a copy of the inventory of personal effects upon
 1300  the individual’s admission and to request an amendment to the
 1301  inventory at any time;
 1302         6. Receive disposition of the individual’s clothing and
 1303  personal effects if not returned to the individual, or to
 1304  approve an alternate plan;
 1305         7. Petition on behalf of the individual for a writ of
 1306  habeas corpus to question the cause and legality of the
 1307  individual’s detention or to allege that the individual is being
 1308  unjustly denied a right or privilege granted under this part, or
 1309  that a procedure authorized under this part is being abused;
 1310         8. Apply for a change of venue for the individual’s
 1311  involuntary placement hearing for the convenience of the parties
 1312  or witnesses or because of the individual’s condition;
 1313         9. Receive written notice of any restriction of the
 1314  individual’s right to inspect his or her clinical record;
 1315         10. Receive notice of the release of the individual from a
 1316  receiving facility where an involuntary examination was
 1317  performed;
 1318         11. Receive a copy of any petition for the individual’s
 1319  involuntary placement filed with the court; and
 1320         12. Be informed by the court of the individual’s right to
 1321  an independent expert evaluation pursuant to involuntary
 1322  placement procedures.
 1323         Section 12. Effective July 1, 2016, section 394.4598,
 1324  Florida Statutes, is amended to read:
 1325         394.4598 Guardian advocate.—
 1326         (1) The administrator, a family member, or other interested
 1327  party may petition the court for the appointment of a guardian
 1328  advocate based upon the opinion of a psychiatrist that an
 1329  individual held for examination or admitted for mental health or
 1330  substance abuse treatment the patient is incompetent to consent
 1331  to treatment. If the court finds that the individual a patient
 1332  is incompetent to consent to treatment and has not been
 1333  adjudicated incapacitated and a guardian having with the
 1334  authority to consent to mental health or substance abuse
 1335  treatment has not been appointed, it shall appoint a guardian
 1336  advocate. The individual patient has the right to have an
 1337  attorney represent him or her at the hearing. If the individual
 1338  person is indigent, the court shall appoint the office of the
 1339  public defender to represent the individual if the individual is
 1340  the subject of a mental illness petition and the office of
 1341  criminal conflict and civil regional counsel to represent the
 1342  individual if the individual is the subject of a substance abuse
 1343  petition him or her at the hearing. The individual patient has
 1344  the right to testify, cross-examine witnesses, and present
 1345  witnesses. The proceeding must shall be recorded either
 1346  electronically or stenographically, and testimony shall be
 1347  provided under oath. One of the professionals authorized to give
 1348  an opinion in support of a petition for involuntary placement,
 1349  as described in s. 394.4655 or s. 394.467, shall must testify.
 1350  The A guardian advocate shall must meet the qualifications of a
 1351  guardian pursuant to contained in part IV of chapter 744, except
 1352  that a professional referred to in this part, an employee of the
 1353  facility providing direct services to the patient under this
 1354  part, a departmental employee, a facility administrator, or
 1355  member of the Florida local advocacy council shall not be
 1356  appointed. A person who is appointed as a guardian advocate must
 1357  agree to the appointment. A person may not be appointed as a
 1358  guardian advocate unless he or she agrees to the appointment.
 1359         (2) The following persons are prohibited from being
 1360  appointed as an individual’s guardian advocate:
 1361         (a) A professional providing clinical services to the
 1362  individual under this part;
 1363         (b) The licensed professional who initiated the involuntary
 1364  examination of the individual, if the examination was initiated
 1365  by professional certificate;
 1366         (c) An employee, administrator, or board member of the
 1367  facility providing the examination of the individual;
 1368         (d) An employee, administrator, or board member of a
 1369  treatment facility providing treatment of the individual;
 1370         (e) A person providing any substantial professional
 1371  services to the individual, including clinical and nonclinical
 1372  services;
 1373         (f) A creditor of the individual;
 1374         (g) A person subject to an injunction for protection
 1375  against domestic violence under s. 741.30, whether the order of
 1376  injunction is temporary or final, and for which the individual
 1377  was the petitioner; and
 1378         (h) A person subject to an injunction for protection
 1379  against repeat violence, sexual violence, or dating violence
 1380  under s. 784.046, whether the order of injunction is temporary
 1381  or final, and for which the individual was the petitioner.
 1382         (3)(2) A facility requesting appointment of a guardian
 1383  advocate must, prior to the appointment, provide the prospective
 1384  guardian advocate with information about the duties and
 1385  responsibilities of guardian advocates, including the
 1386  information about the ethics of medical decisionmaking. Before
 1387  asking a guardian advocate to give consent to treatment for an
 1388  individual held for examination or admitted for mental health or
 1389  substance abuse treatment a patient, the facility shall provide
 1390  to the guardian advocate sufficient information to allow so that
 1391  the guardian advocate to can decide whether to give express and
 1392  informed consent to the treatment, including information that
 1393  the treatment is essential to the care of the individual
 1394  patient, and that the treatment does not present an unreasonable
 1395  risk of serious, hazardous, or irreversible side effects. Before
 1396  giving consent to treatment, the guardian advocate must meet and
 1397  talk with the individual patient and the individual’s patient’s
 1398  physician face to face in person, if at all possible, and by
 1399  telephone, if not. The guardian advocate shall make every effort
 1400  to make decisions regarding treatment that he or she believes
 1401  the individual would have made under the circumstances if the
 1402  individual were capable of making such a decision. The decision
 1403  of the guardian advocate may be reviewed by the court, upon
 1404  petition of the individual’s patient’s attorney, the
 1405  individual’s patient’s family, or the facility administrator.
 1406         (4)(3)Prior to A guardian advocate must attend at least a
 1407  4-hour training course approved by the court before exercising
 1408  his or her authority, the guardian advocate shall attend a
 1409  training course approved by the court. This training course, of
 1410  not less than 4 hours, must include, at minimum, information
 1411  about an the individual’s patient rights, psychotropic
 1412  medications, diagnosis of mental illness or substance abuse
 1413  impairment, the ethics of medical decisionmaking, and the duties
 1414  of guardian advocates. This training course shall take the place
 1415  of the training required for guardians appointed pursuant to
 1416  chapter 744.
 1417         (5)(4) The information to be supplied to prospective
 1418  guardian advocates before prior to their appointment and the
 1419  training course for guardian advocates must be developed and
 1420  completed through a course developed by the department and
 1421  approved by the chief judge of the circuit court and taught by a
 1422  court-approved organization. Court-approved organizations may
 1423  include, but need are not be limited to, community or junior
 1424  colleges, guardianship organizations, and the local bar
 1425  association or The Florida Bar. The court may, in its
 1426  discretion, waive some or all of the training requirements for
 1427  guardian advocates or impose additional requirements. The court
 1428  shall make its decision on a case-by-case basis and, in making
 1429  its decision, shall consider the experience and education of the
 1430  guardian advocate, the duties assigned to the guardian advocate,
 1431  and the needs of the individual subject to involuntary placement
 1432  patient.
 1433         (6)(5) In selecting a guardian advocate, the court shall
 1434  give preference to a health care surrogate, if one has already
 1435  been designated by the individual held for examination or
 1436  admitted for mental health or substance abuse treatment patient.
 1437  If the individual patient has not previously selected a health
 1438  care surrogate, except for good cause documented in the court
 1439  record, the selection shall be made from the following list in
 1440  the order of listing:
 1441         (a) The individual’s patient’s spouse.
 1442         (b) An adult child of the individual patient.
 1443         (c) A parent of the individual patient.
 1444         (d) The adult next of kin of the individual patient.
 1445         (e) An adult friend of the individual patient.
 1446         (f) An adult trained and willing to serve as guardian
 1447  advocate for the individual patient.
 1448         (7)(6) If a guardian with the authority to consent to
 1449  medical treatment has not already been appointed or if the
 1450  individual held for examination or admitted for mental health or
 1451  substance abuse treatment patient has not already designated a
 1452  health care surrogate, the court may authorize the guardian
 1453  advocate to consent to medical treatment, as well as mental
 1454  health and substance abuse treatment. Unless otherwise limited
 1455  by the court, a guardian advocate with authority to consent to
 1456  medical treatment shall have the same authority to make health
 1457  care decisions and be subject to the same restrictions as a
 1458  proxy appointed under part IV of chapter 765. Unless the
 1459  guardian advocate has sought and received express court approval
 1460  in proceeding separate from the proceeding to determine the
 1461  competence of the patient to consent to medical treatment, the
 1462  guardian advocate may not consent to:
 1463         (a) Abortion.
 1464         (b) Sterilization.
 1465         (c) Electroconvulsive treatment.
 1466         (d) Psychosurgery.
 1467         (e) Experimental treatments that have not been approved by
 1468  a federally approved institutional review board in accordance
 1469  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 1470  
 1471  In making a medical treatment decision under this subsection,
 1472  the court shall must base its decision on evidence that the
 1473  treatment or procedure is essential to the care of the
 1474  individual patient and that the treatment does not present an
 1475  unreasonable risk of serious, hazardous, or irreversible side
 1476  effects. The court shall follow the procedures set forth in
 1477  subsection (1) of this section.
 1478         (8)(7) The guardian advocate shall be discharged when the
 1479  individual for whom he or she is appointed patient is discharged
 1480  from an order for involuntary outpatient placement or
 1481  involuntary inpatient placement or when the individual patient
 1482  is transferred from involuntary to voluntary status. The court
 1483  or a hearing officer shall consider the competence of the
 1484  individual patient pursuant to subsection (1) and may consider
 1485  an involuntarily placed individual’s patient’s competence to
 1486  consent to treatment at any hearing. Upon sufficient evidence,
 1487  the court may restore, or the magistrate or administrative law
 1488  judge hearing officer may recommend that the court restore, the
 1489  individual’s patient’s competence. A copy of the order restoring
 1490  competence or the certificate of discharge containing the
 1491  restoration of competence shall be provided to the individual
 1492  patient and the guardian advocate.
 1493         Section 13. Section 394.4599, Florida Statutes, is amended
 1494  to read:
 1495         394.4599 Notice.—
 1496         (1) VOLUNTARY ADMISSION PATIENTS.—Notice of an individual’s
 1497  a voluntary patient’s admission shall only be given only at the
 1498  request of the individual patient, except that, in an emergency,
 1499  notice shall be given as determined by the facility.
 1500         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1501         (a) Whenever notice is required to be given under this
 1502  part, such notice shall be given to the individual patient and
 1503  the individual’s patient’s guardian, guardian advocate, health
 1504  care surrogate or proxy, attorney, and representative.
 1505         1. When notice is required to be given to an individual a
 1506  patient, it shall be given both orally and in writing, in the
 1507  language and terminology that the individual patient can
 1508  understand, and, if needed, the facility shall provide an
 1509  interpreter for the individual patient.
 1510         2. Notice to an individual’s a patient’s guardian, guardian
 1511  advocate, health care surrogate or proxy, attorney, and
 1512  representative shall be given by United States mail and by
 1513  registered or certified mail with the date, time, and method of
 1514  notice delivery documented in receipts attached to the patient’s
 1515  clinical record. Hand delivery by a facility employee may be
 1516  used as an alternative, with the date and time of delivery
 1517  documented in the clinical record. If notice is given by a state
 1518  attorney or an attorney for the department, a certificate of
 1519  service is shall be sufficient to document service.
 1520         (b) A receiving facility shall give prompt notice of the
 1521  whereabouts of an individual a patient who is being
 1522  involuntarily held for examination to the individual’s guardian,
 1523  guardian advocate, health care surrogate or proxy, attorney or
 1524  representative, by telephone or in person within 24 hours after
 1525  the individual’s patient’s arrival at the facility, unless the
 1526  patient requests that no notification be made. Contact attempts
 1527  shall be documented in the individual’s patient’s clinical
 1528  record and shall begin as soon as reasonably possible after the
 1529  individual’s patient’s arrival. Notice that a patient is being
 1530  admitted as an involuntary patient shall be given to the Florida
 1531  local advocacy council no later than the next working day after
 1532  the patient is admitted.
 1533         (c)1. A receiving facility shall give notice of the
 1534  whereabouts of a minor who is being involuntarily held for
 1535  examination pursuant to s. 394.463 to the minor’s parent,
 1536  guardian, caregiver, or guardian advocate, in person or by
 1537  telephone or other form of electronic communication, immediately
 1538  after the minor’s arrival at the facility. The facility may not
 1539  delay notification for no more than 24 hours after the minor’s
 1540  arrival if the facility has submitted a report to the central
 1541  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 1542  suspicion of abuse, abandonment, or neglect and if the facility
 1543  deems a delay in notification to be in the minor’s best
 1544  interest.
 1545         2. The receiving facility shall attempt to notify the
 1546  minor’s parent, guardian, caregiver, or guardian advocate until
 1547  the receiving facility receives confirmation from the parent,
 1548  guardian, caregiver, or guardian advocate, verbally, by
 1549  telephone or other form of electronic communication, or by
 1550  recorded message, that notification has been received. Attempts
 1551  to notify the parent, guardian, caregiver, or guardian advocate
 1552  must be repeated at least once each hour during the first 12
 1553  hours after the minor’s arrival and once every 24 hours
 1554  thereafter and must continue until such confirmation is
 1555  received, unless the minor is released at the end of the 72-hour
 1556  examination period, or until a petition for involuntary
 1557  placement is filed with the court pursuant to s. 394.463(2)(i).
 1558  The receiving facility may seek assistance from a law
 1559  enforcement agency to notify the minor’s parent, guardian,
 1560  caregiver, or guardian advocate if the facility has not
 1561  received, within the first 24 hours after the minor’s arrival, a
 1562  confirmation by the parent, guardian, caregiver, or guardian
 1563  advocate that notification has been received. The receiving
 1564  facility must document notification attempts in the minor’s
 1565  clinical record.
 1566         (d)(c) The written notice of the filing of the petition for
 1567  involuntary placement of an individual being held must contain
 1568  the following:
 1569         1. Notice that the petition has been filed with the circuit
 1570  court in the county in which the individual patient is
 1571  hospitalized and the address of such court.
 1572         2. Notice that the office of the public defender has been
 1573  appointed to represent the individual patient in the proceeding,
 1574  if the individual patient is not otherwise represented by
 1575  counsel.
 1576         3. The date, time, and place of the hearing and the name of
 1577  each examining expert and every other person expected to testify
 1578  in support of continued detention.
 1579         4. Notice that the individual patient, the individual’s
 1580  patient’s guardian, guardian advocate, health care surrogate or
 1581  proxy, or representative, or the administrator may apply for a
 1582  change of venue for the convenience of the parties or witnesses
 1583  or because of the condition of the individual patient.
 1584         5. Notice that the individual patient is entitled to an
 1585  independent expert examination and, if the individual patient
 1586  cannot afford such an examination, that the court will provide
 1587  for one.
 1588         (e)(d) A treatment facility shall provide notice of an
 1589  individual’s a patient’s involuntary admission on the next
 1590  regular working day after the individual’s patient’s arrival at
 1591  the facility.
 1592         (f)(e) When an individual a patient is to be transferred
 1593  from one facility to another, notice shall be given by the
 1594  facility where the individual patient is located before prior to
 1595  the transfer.
 1596         Section 14. Effective July 1, 2016, subsections (1), (2),
 1597  (3), and (10) of section 394.4615, Florida Statutes, are amended
 1598  to read:
 1599         394.4615 Clinical records; confidentiality.—
 1600         (1) A clinical record shall be maintained for each
 1601  individual held for examination or admitted for treatment under
 1602  this part patient. The record shall include data pertaining to
 1603  admission and such other information as may be required under
 1604  rules of the department. A clinical record is confidential and
 1605  exempt from the provisions of s. 119.07(1). Unless waived by
 1606  express and informed consent of the individual, by the patient
 1607  or his or her the patient’s guardian, or guardian advocate,
 1608  health care surrogate or proxy, or, if the individual patient is
 1609  deceased, by his or her guardian, guardian advocate, health care
 1610  surrogate or proxy, by his or her the patient’s personal
 1611  representative or the family member who stands next in line of
 1612  intestate succession, the confidential status of the clinical
 1613  record shall not be lost by either authorized or unauthorized
 1614  disclosure to any person, organization, or agency.
 1615         (2) The clinical record of an individual held for
 1616  examination or admitted for treatment under this part shall be
 1617  released if when:
 1618         (a) The individual patient or the individual’s patient’s
 1619  guardian, guardian advocate, health care surrogate or proxy, or
 1620  representative authorizes the release. The guardian, or guardian
 1621  advocate, health care surrogate or proxy shall be provided
 1622  access to the appropriate clinical records of the patient. The
 1623  individual patient or the patient’s guardian, or guardian
 1624  advocate, health care surrogate or proxy may authorize the
 1625  release of information and clinical records to appropriate
 1626  persons to ensure the continuity of the individual’s patient’s
 1627  health care or mental health or substance abuse care.
 1628         (b) The individual patient is represented by counsel and
 1629  the records are needed by the individual’s patient’s counsel for
 1630  adequate representation.
 1631         (c) A petition for involuntary inpatient placement is filed
 1632  and the records are needed by the state attorney to evaluate the
 1633  allegations set forth in the petition or to prosecute the
 1634  petition. However, the state attorney may not use clinical
 1635  records obtained under this part for the purpose of criminal
 1636  investigation or prosecution, or for any other purpose not
 1637  authorized by this part.
 1638         (d)(c) The court orders such release. In determining
 1639  whether there is good cause for disclosure, the court shall
 1640  weigh the need for the information to be disclosed against the
 1641  possible harm of disclosure to the individual person to whom
 1642  such information pertains.
 1643         (e)(d) The individual patient is committed to, or is to be
 1644  returned to, the Department of Corrections from the Department
 1645  of Children and Families, and the Department of Corrections
 1646  requests such records. These records shall be furnished without
 1647  charge to the Department of Corrections.
 1648         (3) Information from the clinical record may be released in
 1649  the following circumstances:
 1650         (a) When a patient has declared an intention to harm other
 1651  persons. When such declaration has been made, the administrator
 1652  may authorize the release of sufficient information to provide
 1653  adequate warning to law enforcement agencies and to the person
 1654  threatened with harm by the patient.
 1655         (b) When the administrator of the facility or secretary of
 1656  the department deems release to a qualified researcher as
 1657  defined in administrative rule, an aftercare treatment provider,
 1658  or an employee or agent of the department is necessary for
 1659  treatment of the patient, maintenance of adequate records,
 1660  compilation of treatment data, aftercare planning, or evaluation
 1661  of programs.
 1662  
 1663  For the purpose of determining whether a person meets the
 1664  criteria for involuntary outpatient placement or for preparing
 1665  the proposed treatment plan pursuant to s. 394.4655, the
 1666  clinical record may be released to the state attorney, the
 1667  public defender if the individual is the subject of a mental
 1668  illness petition, the office of criminal conflict and civil
 1669  regional counsel if the individual is the subject of a substance
 1670  abuse petition, or the patient’s private legal counsel, the
 1671  court, and to the appropriate mental health professionals,
 1672  including the service provider identified in s. 394.4655(7)(b)
 1673  s. 394.4655(6)(b)2., in accordance with state and federal law.
 1674         (10) An individual held for examination or admitted for
 1675  treatment Patients shall have reasonable access to his or her
 1676  their clinical records, unless such access is determined by the
 1677  individual’s patient’s physician to be harmful to the individual
 1678  patient. If the individual’s patient’s right to inspect his or
 1679  her clinical record is restricted by the facility, written
 1680  notice of such restriction shall be given to the individual
 1681  patient and the individual’s patient’s guardian, guardian
 1682  advocate, health care surrogate or proxy, or attorney, and
 1683  representative. In addition, the restriction shall be recorded
 1684  in the clinical record, together with the reasons for it. The
 1685  restriction of an individual’s a patient’s right to inspect his
 1686  or her clinical record shall expire after 7 days but may be
 1687  renewed, after review, for subsequent 7-day periods.
 1688         Section 15. Effective July 1, 2016, subsection (1) of
 1689  section 394.462, Florida Statutes, is amended to read:
 1690         394.462 Transportation.—
 1691         (1) TRANSPORTATION TO A RECEIVING OR DETOXIFICATION
 1692  FACILITY.—
 1693         (a) Each county shall designate a single law enforcement
 1694  agency within the county, or portions thereof, to take an
 1695  individual a person into custody upon the entry of an ex parte
 1696  order or the execution of a certificate for involuntary
 1697  examination by an authorized professional and to transport that
 1698  individual person to the nearest receiving facility for
 1699  examination. The designated law enforcement agency may decline
 1700  to transport the individual person to a receiving or
 1701  detoxification facility only if:
 1702         1. The county or jurisdiction designated by the county has
 1703  contracted on an annual basis with an emergency medical
 1704  transport service or private transport company for
 1705  transportation of individuals persons to receiving facilities
 1706  pursuant to this section at the sole cost of the county; and
 1707         2. The law enforcement agency and the emergency medical
 1708  transport service or private transport company agree that the
 1709  continued presence of law enforcement personnel is not necessary
 1710  for the safety of the individuals being transported person or
 1711  others.
 1712         3. The jurisdiction designated by the county may seek
 1713  reimbursement for transportation expenses. The party responsible
 1714  for payment for such transportation is the person receiving the
 1715  transportation. The county shall seek reimbursement from the
 1716  following sources in the following order:
 1717         a. From an insurance company, health care corporation, or
 1718  other source, if the individual being transported person
 1719  receiving the transportation is covered by an insurance policy
 1720  or subscribes to a health care corporation or other source for
 1721  payment of such expenses.
 1722         b. From the individual being transported person receiving
 1723  the transportation.
 1724         c. From a financial settlement for medical care, treatment,
 1725  hospitalization, or transportation payable or accruing to the
 1726  injured party.
 1727         (b) Any company that transports a patient pursuant to this
 1728  subsection is considered an independent contractor and is solely
 1729  liable for the safe and dignified transportation of the patient.
 1730  Such company must be insured and provide no less than $100,000
 1731  in liability insurance with respect to the transportation of
 1732  patients.
 1733         (c) Any company that contracts with a governing board of a
 1734  county to transport patients shall comply with the applicable
 1735  rules of the department to ensure the safety and dignity of the
 1736  patients.
 1737         (d) When a law enforcement officer takes custody of a
 1738  person pursuant to this part, the officer may request assistance
 1739  from emergency medical personnel if such assistance is needed
 1740  for the safety of the officer or the person in custody.
 1741         (e) When a member of a mental health overlay program or a
 1742  mobile crisis response service is a professional authorized to
 1743  initiate an involuntary examination pursuant to s. 394.463 and
 1744  that professional evaluates a person and determines that
 1745  transportation to a receiving facility is needed, the service,
 1746  at its discretion, may transport the person to the facility or
 1747  may call on the law enforcement agency or other transportation
 1748  arrangement best suited to the needs of the patient.
 1749         (f) When a any law enforcement officer has custody of a
 1750  person, based on either noncriminal or minor criminal behavior,
 1751  a misdemeanor, or a felony other than a forcible felony as
 1752  defined in s. 776.08, who that meets the statutory guidelines
 1753  for involuntary examination under this part, the law enforcement
 1754  officer shall transport the individual person to the nearest
 1755  receiving facility for examination.
 1756         (g) When any law enforcement officer has arrested a person
 1757  for a forcible felony as defined in s. 776.08 and it appears
 1758  that the person meets the criteria statutory guidelines for
 1759  involuntary examination or placement under this part, such
 1760  person shall first be processed in the same manner as any other
 1761  criminal suspect. The law enforcement agency shall thereafter
 1762  immediately notify the nearest public receiving facility, which
 1763  shall be responsible for promptly arranging for the examination
 1764  and treatment of the person. A receiving facility may is not
 1765  required to admit a person charged with a forcible felony as
 1766  defined in s. 776.08 crime for whom the facility determines and
 1767  documents that it is unable to provide adequate security, but
 1768  shall provide mental health examination and treatment to the
 1769  person at the location where he or she is held.
 1770         (h) If the appropriate law enforcement officer believes
 1771  that a person has an emergency medical condition as defined in
 1772  s. 395.002, the person may be first transported to a hospital
 1773  for emergency medical treatment, regardless of whether the
 1774  hospital is a designated receiving facility.
 1775         (i) The costs of transportation, evaluation,
 1776  hospitalization, and treatment incurred under this subsection by
 1777  persons who have been arrested for violations of any state law
 1778  or county or municipal ordinance may be recovered as provided in
 1779  s. 901.35.
 1780         (j) The nearest receiving facility must accept persons
 1781  brought by law enforcement officers for involuntary examination.
 1782         (k) Each law enforcement agency shall develop a memorandum
 1783  of understanding with each receiving facility within the law
 1784  enforcement agency’s jurisdiction which reflects a single set of
 1785  protocols for the safe and secure transportation of the person
 1786  and transfer of custody of the person. These protocols must also
 1787  address crisis intervention measures.
 1788         (l) When a jurisdiction has entered into a contract with an
 1789  emergency medical transport service or a private transport
 1790  company for transportation of persons to receiving facilities,
 1791  such service or company shall be given preference for
 1792  transportation of persons from nursing homes, assisted living
 1793  facilities, adult day care centers, or adult family-care homes,
 1794  unless the behavior of the person being transported is such that
 1795  transportation by a law enforcement officer is necessary.
 1796         (m) Nothing in this section shall be construed to limit
 1797  emergency examination and treatment of incapacitated persons
 1798  provided in accordance with the provisions of s. 401.445.
 1799         Section 16. Effective July 1, 2016, subsections (1), (2),
 1800  (4), and (5) of section 394.4625, Florida Statutes, are amended
 1801  to read:
 1802         394.4625 Voluntary admissions.—
 1803         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
 1804  PATIENTS.—
 1805         (a) In order to be voluntarily admitted to a facility A
 1806  facility may receive for observation, diagnosis, or treatment:
 1807  any person 18 years of age or older making application by
 1808  express and informed consent for admission or any person age 17
 1809  or under for whom such application is made by his or her
 1810  guardian. If found to
 1811         1. An individual must show evidence of mental illness or
 1812  substance abuse impairment, to be competent to provide express
 1813  and informed consent, and to be suitable for treatment, such
 1814  person 18 years of age or older may be admitted to the facility.
 1815  A person age 17 or under may be admitted only after a hearing to
 1816  verify the voluntariness of the consent.
 1817         2. An individual must be suitable for treatment by the
 1818  facility.
 1819         3. An adult must provide, and be competent to provide,
 1820  express and informed consent.
 1821         4. A minor’s guardian must provide express and informed
 1822  consent, in conjunction with the consent of the minor. However,
 1823  a minor may be admitted to an addictions receiving facility or
 1824  detoxification facility by his or her own consent without his or
 1825  her guardian’s consent, if a physician documents in the clinical
 1826  record that the minor has a substance abuse impairment. If the
 1827  minor is admitted by his or her own consent and without the
 1828  consent of his or her guardian, the facility must request the
 1829  minor’s permission to notify an adult family member or friend of
 1830  the minor’s voluntary admission into the facility.
 1831         a. The consent of the minor is an affirmative agreement by
 1832  the minor to remain at the facility for examination and
 1833  treatment, and failure to object does not constitute consent.
 1834         b. The minor’s consent must be verified through a clinical
 1835  assessment that is documented in the clinical record and
 1836  conducted within 12 hours after arrival at the facility by a
 1837  licensed professional authorized to initiate an involuntary
 1838  examination pursuant to s. 394.463.
 1839         c. In verifying the minor’s consent, and using language
 1840  that is appropriate to the minor’s age, experience, maturity,
 1841  and condition, the examining professional must provide the minor
 1842  with an explanation as to why the minor will be examined and
 1843  treated, what the minor can expect while in the facility, and
 1844  when the minor may expect to be released. The examining
 1845  professional must determine and document that the minor is able
 1846  to understand the information.
 1847         d. Unless the minor’s consent is verified pursuant to this
 1848  section, a petition for involuntary inpatient placement shall be
 1849  filed with the court within 1 court working day after his or her
 1850  arrival or the minor must be released to his or her guardian.
 1851         (b) A mental health overlay program or a mobile crisis
 1852  response service or a licensed professional who is authorized to
 1853  initiate an involuntary examination pursuant to s. 394.463 and
 1854  is employed by a community mental health center or clinic must,
 1855  pursuant to district procedure approved by the respective
 1856  district administrator, conduct an initial assessment of the
 1857  ability of the following persons to give express and informed
 1858  consent to treatment before such persons may be admitted
 1859  voluntarily:
 1860         1. A person 60 years of age or older for whom transfer is
 1861  being sought from a nursing home, assisted living facility,
 1862  adult day care center, or adult family-care home, when such
 1863  person has been diagnosed as suffering from dementia.
 1864         2. A person 60 years of age or older for whom transfer is
 1865  being sought from a nursing home pursuant to s. 400.0255(12).
 1866         3. A person for whom all decisions concerning medical
 1867  treatment are currently being lawfully made by the health care
 1868  surrogate or proxy designated under chapter 765.
 1869         (c) When an initial assessment of the ability of a person
 1870  to give express and informed consent to treatment is required
 1871  under this section, and a mobile crisis response service does
 1872  not respond to the request for an assessment within 2 hours
 1873  after the request is made or informs the requesting facility
 1874  that it will not be able to respond within 2 hours after the
 1875  request is made, the requesting facility may arrange for
 1876  assessment by any licensed professional authorized to initiate
 1877  an involuntary examination pursuant to s. 394.463 who is not
 1878  employed by or under contract with, and does not have a
 1879  financial interest in, either the facility initiating the
 1880  transfer or the receiving facility to which the transfer may be
 1881  made.
 1882         (d) A facility may not admit as a voluntary patient a
 1883  person who has been adjudicated incapacitated, unless the
 1884  condition of incapacity has been judicially removed. If a
 1885  facility admits as a voluntary patient a person who is later
 1886  determined to have been adjudicated incapacitated, and the
 1887  condition of incapacity had not been removed by the time of the
 1888  admission, the facility must either discharge the patient or
 1889  transfer the patient to involuntary status.
 1890         (e) The health care surrogate or proxy of an individual on
 1891  a voluntary status patient may not consent to the provision of
 1892  mental health treatment or substance abuse treatment for that
 1893  individual the patient. An individual on voluntary status A
 1894  voluntary patient who is unwilling or unable to provide express
 1895  and informed consent to mental health treatment must either be
 1896  discharged or transferred to involuntary status.
 1897         (f) Within 24 hours after admission of a voluntary patient,
 1898  the admitting physician shall document in the patient’s clinical
 1899  record that the patient is able to give express and informed
 1900  consent for admission. If the patient is not able to give
 1901  express and informed consent for admission, the facility shall
 1902  either discharge the patient or transfer the patient to
 1903  involuntary status pursuant to subsection (5).
 1904         (2) RELEASE OR DISCHARGE OF VOLUNTARY PATIENTS.—
 1905         (a) A facility shall discharge a voluntary patient:
 1906         1. Who has sufficiently improved so that retention in the
 1907  facility is no longer desirable. A patient may also be
 1908  discharged to the care of a community facility.
 1909         2. Who revokes consent to admission or requests discharge.
 1910  A voluntary patient or a relative, friend, or attorney of the
 1911  patient may request discharge either orally or in writing at any
 1912  time following admission to the facility. The patient must be
 1913  discharged within 24 hours of the request, unless the request is
 1914  rescinded or the patient is transferred to involuntary status
 1915  pursuant to this section. The 24-hour time period may be
 1916  extended by a treatment facility when necessary for adequate
 1917  discharge planning, but shall not exceed 3 days exclusive of
 1918  weekends and holidays. If the patient, or another on the
 1919  patient’s behalf, makes an oral request for discharge to a staff
 1920  member, such request shall be immediately entered in the
 1921  patient’s clinical record. If the request for discharge is made
 1922  by a person other than the patient, the discharge may be
 1923  conditioned upon the express and informed consent of the
 1924  patient.
 1925         (b) A voluntary patient who has been admitted to a facility
 1926  and who refuses to consent to or revokes consent to treatment
 1927  shall be discharged within 24 hours after such refusal or
 1928  revocation, unless transferred to involuntary status pursuant to
 1929  this section or unless the refusal or revocation is freely and
 1930  voluntarily rescinded by the patient.
 1931         (c) An individual on voluntary status who is currently
 1932  charged with a crime shall be returned to the custody of a law
 1933  enforcement officer upon release or discharge from a facility,
 1934  unless the individual has been released from law enforcement
 1935  custody by posting of a bond, by a pretrial conditional release,
 1936  or by other judicial release.
 1937         (4) TRANSFER TO VOLUNTARY STATUS.—An individual on
 1938  involuntary status patient who has been assessed and certified
 1939  by a physician or psychologist as competent to provide express
 1940  and informed consent and who applies to be transferred to
 1941  voluntary status shall be transferred to voluntary status
 1942  immediately, unless the individual patient has been charged with
 1943  a crime, or has been involuntarily placed for treatment by a
 1944  court pursuant to s. 394.467 and continues to meet the criteria
 1945  for involuntary placement. When transfer to voluntary status
 1946  occurs, notice shall be given as provided in s. 394.4599.
 1947         (5) TRANSFER TO INVOLUNTARY STATUS.—If an individual on
 1948  When a voluntary status patient, or an authorized person on the
 1949  individual’s patient’s behalf, makes a request for discharge,
 1950  the request for discharge, unless freely and voluntarily
 1951  rescinded, must be communicated to a physician, clinical
 1952  psychologist, or psychiatrist as quickly as possible within, but
 1953  not later than 12 hours after the request is made. If the
 1954  individual patient meets the criteria for involuntary placement,
 1955  the individual must be transferred to a designated receiving
 1956  facility and the administrator of the receiving facility where
 1957  the individual is held must file with the court a petition for
 1958  involuntary placement, within 2 court working days after the
 1959  request for discharge is made. If the petition is not filed
 1960  within 2 court working days, the individual must patient shall
 1961  be discharged. Pending the filing of the petition, the
 1962  individual patient may be held and emergency mental health
 1963  treatment rendered in the least restrictive manner, upon the
 1964  written order of a physician, if it is determined that such
 1965  treatment is necessary for the safety of the individual patient
 1966  or others.
 1967         Section 17. Effective July 1, 2016, section 394.463,
 1968  Florida Statutes, is amended to read:
 1969         394.463 Involuntary examination.—
 1970         (1) CRITERIA.—A person may be subject to an taken to a
 1971  receiving facility for involuntary examination if there is
 1972  reason to believe that he or she the person has a mental illness
 1973  or substance abuse impairment and because of this his or her
 1974  mental illness or substance abuse impairment:
 1975         (a)1. The person has refused voluntary examination after
 1976  conscientious explanation and disclosure of the purpose of the
 1977  examination; or
 1978         2. The person is unable to determine for himself or herself
 1979  whether examination is necessary; and
 1980         (b)1. Without care or treatment, the person is likely to
 1981  suffer from neglect or refuse to care for himself or herself;
 1982  such neglect or refusal poses a real and present threat of
 1983  substantial harm to his or her well-being; and it is not
 1984  apparent that such harm may be avoided through the help of
 1985  willing family members or friends or the provision of other
 1986  services; or
 1987         2. There is a substantial likelihood that without care or
 1988  treatment the person will cause serious bodily harm to himself
 1989  or herself or others in the near future, as evidenced by recent
 1990  behavior.
 1991         (2) INVOLUNTARY EXAMINATION.—
 1992         (a) An involuntary examination may be initiated by any one
 1993  of the following means:
 1994         1. A court may enter an ex parte order stating that an
 1995  individual a person appears to meet the criteria for involuntary
 1996  examination, giving the findings on which that conclusion is
 1997  based. The ex parte order for involuntary examination must be
 1998  based on sworn testimony, written or oral, which includes
 1999  specific facts that support the finding that the criteria have
 2000  been met. Any behavior relied on for the issuance of an ex parte
 2001  order must have occurred within the preceding 7 calendar days.
 2002  The order must specify whether the individual must be taken to a
 2003  mental health facility, detoxification facility, or addictions
 2004  receiving facility. If other less restrictive means are not
 2005  available, such as voluntary appearance for outpatient
 2006  evaluation, A law enforcement officer, or other designated agent
 2007  of the court, shall take the individual person into custody and
 2008  deliver him or her to the nearest receiving facility of the type
 2009  specified in the order for involuntary examination. However, if
 2010  the county in which the individual is taken into custody has a
 2011  transportation exception plan specifying a central receiving
 2012  facility, the law enforcement officer shall transport the
 2013  individual to the central receiving facility pursuant to the
 2014  plan. The order of the court order must shall be made a part of
 2015  the patient’s clinical record. A No fee may not shall be charged
 2016  for the filing of an order under this subsection. Any receiving
 2017  facility accepting the individual patient based on the court’s
 2018  this order must send a copy of the order to the Agency for
 2019  Health Care Administration on the next working day. The order is
 2020  shall be valid only until executed or, if not executed, for the
 2021  period specified in the order itself. If no time limit is
 2022  specified in the order, the order is shall be valid for 7 days
 2023  after the date it that the order was signed.
 2024         2. A law enforcement officer shall take a person who
 2025  appears to meet the criteria for involuntary examination into
 2026  custody and deliver the person or have him or her delivered to
 2027  the nearest mental health receiving facility, addictions
 2028  receiving facility, or detoxification facility, whichever the
 2029  officer determines is most appropriate for examination. However,
 2030  if the county in which the individual taken into custody has a
 2031  transportation exception plan specifying a central receiving
 2032  facility, the law enforcement officer shall transport the
 2033  individual to the central receiving facility pursuant to the
 2034  plan. The officer shall complete execute a written report
 2035  detailing the circumstances under which the individual person
 2036  was taken into custody., and The report shall be made a part of
 2037  the patient’s clinical record. Any receiving facility or
 2038  detoxification facility accepting the individual patient based
 2039  on the this report must send a copy of the report to the Agency
 2040  for Health Care Administration on the next working day.
 2041         3. A physician, clinical psychologist, psychiatric nurse,
 2042  mental health counselor, marriage and family therapist, or
 2043  clinical social worker may execute a certificate stating that he
 2044  or she has examined the individual a person within the preceding
 2045  48 hours and finds that the individual person appears to meet
 2046  the criteria for involuntary examination and stating the
 2047  observations upon which that conclusion is based. The
 2048  certificate must specify whether the individual is to be taken
 2049  to a mental health receiving facility, an addictions receiving
 2050  facility, or a detoxification facility, and must include
 2051  specific facts supporting the conclusion that the individual
 2052  would benefit from services provided by the type of facility
 2053  specified. If other less restrictive means are not available,
 2054  such as voluntary appearance for outpatient evaluation, A law
 2055  enforcement officer shall take the individual person named in
 2056  the certificate into custody and deliver him or her to the
 2057  nearest receiving facility of the type specified in the
 2058  certificate for involuntary examination. However, if the county
 2059  in which the individual is taken into custody has a
 2060  transportation exception plan specifying a central receiving
 2061  facility, the law enforcement officer shall transport the
 2062  individual to the central receiving facility pursuant to the
 2063  plan. A law enforcement officer may only take an individual into
 2064  custody on the basis of a certificate within 7 calendar days
 2065  after execution of the certificate. The law enforcement officer
 2066  shall complete execute a written report detailing the
 2067  circumstances under which the individual person was taken into
 2068  custody. The report and certificate shall be made a part of the
 2069  patient’s clinical record. Any receiving facility accepting the
 2070  individual patient based on the this certificate must send a
 2071  copy of the certificate to the Agency for Health Care
 2072  Administration on the next working day.
 2073         (b) An individual may A person shall not be removed from a
 2074  any program or residential placement licensed under chapter 400
 2075  or chapter 429 and transported to a receiving facility for
 2076  involuntary examination unless an ex parte order, a professional
 2077  certificate, or a law enforcement officer’s report is first
 2078  prepared. If the condition of the individual person is such that
 2079  preparation of a law enforcement officer’s report is not
 2080  practicable before removal, the report must shall be completed
 2081  as soon as possible after removal, but in any case before the
 2082  individual person is transported to a receiving facility. A
 2083  receiving facility admitting an individual a person for
 2084  involuntary examination who is not accompanied by the required
 2085  ex parte order, professional certificate, or law enforcement
 2086  officer’s report must shall notify the Agency for Health Care
 2087  Administration of such admission by certified mail by no later
 2088  than the next working day. The provisions of this paragraph do
 2089  not apply when transportation is provided by the patient’s
 2090  family or guardian.
 2091         (c) A law enforcement officer acting in accordance with an
 2092  ex parte order issued pursuant to this subsection may serve and
 2093  execute such order on any day of the week, at any time of the
 2094  day or night.
 2095         (d) A law enforcement officer acting in accordance with an
 2096  ex parte order issued pursuant to this subsection may use such
 2097  reasonable physical force as is necessary to gain entry to the
 2098  premises, and any dwellings, buildings, or other structures
 2099  located on the premises, and to take custody of the person who
 2100  is the subject of the ex parte order.
 2101         (e) Petitions and The Agency for Health Care Administration
 2102  shall receive and maintain the copies of ex parte orders,
 2103  involuntary outpatient placement orders, involuntary outpatient
 2104  placement petitions and orders issued pursuant to s. 394.4655,
 2105  involuntary inpatient placement petitions and orders issued
 2106  pursuant to s. 394.467, professional certificates, and law
 2107  enforcement officers’ reports are. These documents shall be
 2108  considered part of the clinical record, governed by the
 2109  provisions of s. 394.4615. The agency shall prepare annual
 2110  reports analyzing the data obtained from these documents,
 2111  without information identifying individuals held for examination
 2112  or admitted for mental health and substance abuse treatment
 2113  patients, and shall provide copies of reports to the department,
 2114  the President of the Senate, the Speaker of the House of
 2115  Representatives, and the minority leaders of the Senate and the
 2116  House of Representatives.
 2117         (f) An individual held for examination A patient shall be
 2118  examined by a physician, a or clinical psychologist, or a
 2119  psychiatric nurse performing within the framework of an
 2120  established protocol with a psychiatrist at a receiving facility
 2121  without unnecessary delay and may, upon the order of a
 2122  physician, be given emergency mental health or substance abuse
 2123  treatment if it is determined that such treatment is necessary
 2124  for the safety of the individual patient or others. The patient
 2125  may not be released by the receiving facility or its contractor
 2126  without the documented approval of a psychiatrist, a clinical
 2127  psychologist, or, if the receiving facility is a hospital, the
 2128  release may also be approved by an attending emergency
 2129  department physician with experience in the diagnosis and
 2130  treatment of mental and nervous disorders and after completion
 2131  of an involuntary examination pursuant to this subsection.
 2132  However, a patient may not be held in a receiving facility for
 2133  involuntary examination longer than 72 hours.
 2134         (g) An individual may not be held for involuntary
 2135  examination for more than 72 hours from the time of the
 2136  individual’s arrival at the facility, except that this period
 2137  may be extended by 48 hours if a physician documents in the
 2138  clinical record that the individual has ongoing symptoms of
 2139  substance intoxication or substance withdrawal and the
 2140  individual would likely experience significant clinical benefit
 2141  from detoxification services. This determination must be made
 2142  based on a face-to-face examination conducted by the physician
 2143  no less than 48 hours and not more than 72 hours after the
 2144  individual’s arrival at the facility. Based on the individual’s
 2145  needs, one of the following actions must be taken within the
 2146  involuntary examination period:
 2147         1. The individual shall be released with the approval of a
 2148  psychiatrist or clinical psychologist. However, if the
 2149  examination is conducted in a receiving facility that is owned
 2150  or operated by a hospital or health system, an emergency
 2151  department physician or a psychiatric nurse performing within
 2152  the framework of an established protocol with a psychiatrist may
 2153  approve the release. A psychiatric nurse may not approve the
 2154  release of a patient when the involuntary examination has been
 2155  initiated by a psychiatrist, unless the release is approved by
 2156  the initiating psychiatrist.
 2157         2. The individual shall be asked to provide express and
 2158  informed consent for voluntary admission if a physician or
 2159  psychologist has determined that the individual is competent to
 2160  consent to treatment; or
 2161         3. A petition for involuntary placement shall be completed
 2162  and filed in the circuit court by the receiving facility
 2163  administrator if involuntary outpatient or inpatient placement
 2164  is deemed necessary. If the 72-hour period ends on a weekend or
 2165  legal holiday, the petition must be filed by the next working
 2166  day. If inpatient placement is deemed necessary, the least
 2167  restrictive treatment consistent with the optimum improvement of
 2168  the individual’s condition must be made available.
 2169         (h) An individual released from a receiving or treatment
 2170  facility on a voluntary or involuntary basis who is currently
 2171  charged with a crime shall be returned to the custody of law
 2172  enforcement, unless the individual has been released from law
 2173  enforcement custody by posting of a bond, by a pretrial
 2174  conditional release, or by other judicial release.
 2175         (i)If an individual A person for whom an involuntary
 2176  examination has been initiated who is being evaluated or treated
 2177  at a hospital for an emergency medical condition specified in s.
 2178  395.002 the involuntary examination period must be examined by a
 2179  receiving facility within 72 hours. The 72-hour period begins
 2180  when the individual patient arrives at the hospital and ceases
 2181  when a the attending physician documents that the individual
 2182  patient has an emergency medical condition. The 72-hour period
 2183  resumes when the physician documents that the emergency medical
 2184  condition has stabilized or does not exist. If the patient is
 2185  examined at a hospital providing emergency medical services by a
 2186  professional qualified to perform an involuntary examination and
 2187  is found as a result of that examination not to meet the
 2188  criteria for involuntary outpatient placement pursuant to s.
 2189  394.4655(1) or involuntary inpatient placement pursuant to s.
 2190  394.467(1), the patient may be offered voluntary placement, if
 2191  appropriate, or released directly from the hospital providing
 2192  emergency medical services. The finding by the professional that
 2193  the patient has been examined and does not meet the criteria for
 2194  involuntary inpatient placement or involuntary outpatient
 2195  placement must be entered into the patient’s clinical record.
 2196  Nothing in this paragraph is intended to prevent A hospital
 2197  providing emergency medical services may transfer an individual
 2198  from appropriately transferring a patient to another hospital
 2199  before prior to stabilization if, provided the requirements of
 2200  s. 395.1041(3)(c) are have been met. One of the following
 2201  actions must occur within 12 hours after a physician documents
 2202  that the individual’s emergency medical condition has stabilized
 2203  or does not exist:
 2204         (h) One of the following must occur within 12 hours after
 2205  the patient’s attending physician documents that the patient’s
 2206  medical condition has stabilized or that an emergency medical
 2207  condition does not exist:
 2208         1. The individual shall be examined by a physician,
 2209  psychiatric nurse or psychologist and, if found not to meet the
 2210  criteria for involuntary examination pursuant to s. 394.463,
 2211  shall be released directly from the hospital providing the
 2212  emergency medical services. The results of the examination,
 2213  including the final disposition, shall be entered into the
 2214  clinical records; or
 2215         2. The individual shall be transferred to a receiving
 2216  facility for examination if appropriate medical and mental
 2217  health treatment is available. However, the receiving facility
 2218  must be notified of the transfer within 2 hours after the
 2219  individual’s condition has been stabilized or after
 2220  determination that an emergency medical condition does not
 2221  exist. The patient must be examined by a designated receiving
 2222  facility and released; or
 2223         2. The patient must be transferred to a designated
 2224  receiving facility in which appropriate medical treatment is
 2225  available. However, the receiving facility must be notified of
 2226  the transfer within 2 hours after the patient’s condition has
 2227  been stabilized or after determination that an emergency medical
 2228  condition does not exist.
 2229         (i) Within the 72-hour examination period or, if the 72
 2230  hours ends on a weekend or holiday, no later than the next
 2231  working day thereafter, one of the following actions must be
 2232  taken, based on the individual needs of the patient:
 2233         1. The patient shall be released, unless he or she is
 2234  charged with a crime, in which case the patient shall be
 2235  returned to the custody of a law enforcement officer;
 2236         2. The patient shall be released, subject to the provisions
 2237  of subparagraph 1., for voluntary outpatient treatment;
 2238         3. The patient, unless he or she is charged with a crime,
 2239  shall be asked to give express and informed consent to placement
 2240  as a voluntary patient, and, if such consent is given, the
 2241  patient shall be admitted as a voluntary patient; or
 2242         4. A petition for involuntary placement shall be filed in
 2243  the circuit court when outpatient or inpatient treatment is
 2244  deemed necessary. When inpatient treatment is deemed necessary,
 2245  the least restrictive treatment consistent with the optimum
 2246  improvement of the patient’s condition shall be made available.
 2247  When a petition is to be filed for involuntary outpatient
 2248  placement, it shall be filed by one of the petitioners specified
 2249  in s. 394.4655(3)(a). A petition for involuntary inpatient
 2250  placement shall be filed by the facility administrator.
 2251         (3) NOTICE OF RELEASE.—Notice of the release shall be given
 2252  to the individual’s patient’s guardian, health care surrogate or
 2253  proxy, or representative, to any person who executed a
 2254  certificate admitting the individual patient to the receiving
 2255  facility, and to any court that which ordered the individual’s
 2256  examination patient’s evaluation.
 2257         Section 18. Effective July 1, 2016, section 394.4655,
 2258  Florida Statutes, is amended to read:
 2259         394.4655 Involuntary outpatient placement.—
 2260         (1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.—An
 2261  individual A person may be ordered to involuntary outpatient
 2262  placement upon a finding of the court that by clear and
 2263  convincing evidence that:
 2264         (a) The individual is an adult person is 18 years of age or
 2265  older;
 2266         (b) The individual person has a mental illness or substance
 2267  abuse impairment;
 2268         (c) The individual person is unlikely to survive safely in
 2269  the community without supervision, based on a clinical
 2270  determination;
 2271         (d) The individual person has a history of lack of
 2272  compliance with treatment for mental illness or substance abuse
 2273  impairment;
 2274         (e) The individual person has:
 2275         1. Within At least twice within the immediately preceding
 2276  36 months, been involuntarily admitted to a receiving or
 2277  treatment facility as defined in s. 394.455, or has received
 2278  mental health or substance abuse services in a forensic or
 2279  correctional facility. The 36-month period does not include any
 2280  period during which the individual person was admitted or
 2281  incarcerated; or
 2282         2. Engaged in one or more acts of serious violent behavior
 2283  toward self or others, or attempts at serious bodily harm to
 2284  himself or herself or others, within the preceding 36 months;
 2285         (f) Due to The person is, as a result of his or her mental
 2286  illness or substance abuse impairment, the individual is,
 2287  unlikely to voluntarily participate in the recommended treatment
 2288  plan and either he or she has refused voluntary placement for
 2289  treatment after sufficient and conscientious explanation and
 2290  disclosure of the purpose of placement for treatment or he or
 2291  she is unable to determine for himself or herself whether
 2292  placement is necessary;
 2293         (g) In view of the individual’s person’s treatment history
 2294  and current behavior, the individual person is in need of
 2295  involuntary outpatient placement in order to prevent a relapse
 2296  or deterioration that would be likely to result in serious
 2297  bodily harm to self himself or herself or others, or a
 2298  substantial harm to his or her well-being as set forth in s.
 2299  394.463(1);
 2300         (h) It is likely that the individual person will benefit
 2301  from involuntary outpatient placement; and
 2302         (i) All available, less restrictive alternatives that would
 2303  offer an opportunity for improvement of his or her condition
 2304  have been judged to be inappropriate or unavailable.
 2305         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
 2306         (a)1.An individual A patient who is being recommended for
 2307  involuntary outpatient placement by the administrator of the
 2308  receiving facility where he or she the patient has been examined
 2309  may be retained by the facility after adherence to the notice
 2310  procedures provided in s. 394.4599.
 2311         1. The recommendation must be supported by the opinion of a
 2312  psychiatrist and the second opinion of a clinical psychologist
 2313  or another psychiatrist, both of whom have personally examined
 2314  the individual patient within the preceding 72 hours, that the
 2315  criteria for involuntary outpatient placement are met. However,
 2316  in a county having a population of fewer than 50,000, if the
 2317  administrator certifies that a psychiatrist or clinical
 2318  psychologist is not available to provide the second opinion, the
 2319  second opinion may be provided by a licensed physician who has
 2320  postgraduate training and experience in diagnosis and treatment
 2321  of mental and nervous disorders or by a psychiatric nurse. Any
 2322  second opinion authorized in this subparagraph may be conducted
 2323  through a face-to-face examination, in person or by electronic
 2324  means. Such recommendation must be entered on an involuntary
 2325  outpatient placement certificate that authorizes the receiving
 2326  facility to retain the individual patient pending completion of
 2327  a hearing. The certificate shall be made a part of the patient’s
 2328  clinical record.
 2329         2. If the individual patient has been stabilized and no
 2330  longer meets the criteria for involuntary examination pursuant
 2331  to s. 394.463(1), he or she the patient must be released from
 2332  the receiving facility while awaiting the hearing for
 2333  involuntary outpatient placement.
 2334         3. Before filing a petition for involuntary outpatient
 2335  treatment, the administrator of the a receiving facility or a
 2336  designated department representative must identify the service
 2337  provider that will have primary responsibility for service
 2338  provision under an order for involuntary outpatient placement,
 2339  unless the individual person is otherwise participating in
 2340  outpatient psychiatric treatment and is not in need of public
 2341  financing for that treatment, in which case the individual, if
 2342  eligible, may be ordered to involuntary treatment pursuant to
 2343  the existing psychiatric treatment relationship.
 2344         4.3. The service provider shall prepare a written proposed
 2345  treatment plan in consultation with the individual being held
 2346  patient or his or her the patient’s guardian advocate, if
 2347  appointed, for the court’s consideration for inclusion in the
 2348  involuntary outpatient placement order. The service provider
 2349  shall also provide a copy of the proposed treatment plan to the
 2350  individual patient and the administrator of the receiving
 2351  facility. The treatment plan must specify the nature and extent
 2352  of the individual’s patient’s mental illness or substance abuse
 2353  impairment, address the reduction of symptoms that necessitate
 2354  involuntary outpatient placement, and include measurable goals
 2355  and objectives for the services and treatment that are provided
 2356  to treat the individual’s person’s mental illness or substance
 2357  abuse impairment and assist the individual person in living and
 2358  functioning in the community or to prevent a relapse or
 2359  deterioration. Service providers may select and supervise other
 2360  providers individuals to implement specific aspects of the
 2361  treatment plan. The services in the treatment plan must be
 2362  deemed clinically appropriate by a physician, clinical
 2363  psychologist, psychiatric nurse, mental health counselor,
 2364  marriage and family therapist, or clinical social worker who
 2365  consults with, or is employed or contracted by, the service
 2366  provider. The service provider must certify to the court in the
 2367  proposed treatment plan whether sufficient services for
 2368  improvement and stabilization are currently available and
 2369  whether the service provider agrees to provide those services.
 2370  If the service provider certifies that the services in the
 2371  proposed treatment plan are not available, the petitioner may
 2372  not file the petition.
 2373         (b) If an individual a patient in involuntary inpatient
 2374  placement meets the criteria for involuntary outpatient
 2375  placement, the administrator of the treatment facility may,
 2376  before the expiration of the period during which the treatment
 2377  facility is authorized to retain the individual patient,
 2378  recommend involuntary outpatient placement.
 2379         1. The recommendation must be supported by the opinion of a
 2380  psychiatrist and the second opinion of a clinical psychologist
 2381  or another psychiatrist, both of whom have personally examined
 2382  the individual patient within the preceding 72 hours, that the
 2383  criteria for involuntary outpatient placement are met. However,
 2384  in a county having a population of fewer than 50,000, if the
 2385  administrator certifies that a psychiatrist or clinical
 2386  psychologist is not available to provide the second opinion, the
 2387  second opinion may be provided by a licensed physician who has
 2388  postgraduate training and experience in diagnosis and treatment
 2389  of mental and nervous disorders or by a psychiatric nurse. Any
 2390  second opinion authorized in this subparagraph may be conducted
 2391  through a face-to-face examination, in person or by electronic
 2392  means. Such recommendation must be entered on an involuntary
 2393  outpatient placement certificate, and the certificate must be
 2394  made a part of the individual’s patient’s clinical record.
 2395         2.(c)1. The administrator of the treatment facility shall
 2396  provide a copy of the involuntary outpatient placement
 2397  certificate and a copy of the state mental health discharge form
 2398  to a department representative in the county where the
 2399  individual patient will be residing. For persons who are leaving
 2400  a state mental health treatment facility, the petition for
 2401  involuntary outpatient placement must be filed in the county
 2402  where the patient will be residing.
 2403         3.2. The service provider that will have primary
 2404  responsibility for service provision shall be identified by the
 2405  designated department representative prior to the order for
 2406  involuntary outpatient placement and must, before prior to
 2407  filing a petition for involuntary outpatient placement, certify
 2408  to the court whether the services recommended in the
 2409  individual’s patient’s discharge plan are available in the local
 2410  community and whether the service provider agrees to provide
 2411  those services. The service provider must develop with the
 2412  individual patient, or the patient’s guardian advocate, if one
 2413  is appointed, a treatment or service plan that addresses the
 2414  needs identified in the discharge plan. The plan must be deemed
 2415  to be clinically appropriate by a physician, clinical
 2416  psychologist, psychiatric nurse, mental health counselor,
 2417  marriage and family therapist, or clinical social worker, as
 2418  defined in this chapter, who consults with, or is employed or
 2419  contracted by, the service provider.
 2420         3. If the service provider certifies that the services in
 2421  the proposed treatment or service plan are not available, the
 2422  petitioner may not file the petition.
 2423         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
 2424         (a) A petition for involuntary outpatient placement may be
 2425  filed by:
 2426         1. The administrator of a mental health receiving facility,
 2427  an addictions receiving facility, or a detoxification facility;
 2428  or
 2429         2. The administrator of a treatment facility.
 2430         (b) Each required criterion for involuntary outpatient
 2431  placement must be alleged and substantiated in the petition for
 2432  involuntary outpatient placement. A copy of the certificate
 2433  recommending involuntary outpatient placement completed by a
 2434  qualified professional specified in subsection (2) must be
 2435  attached to the petition. A copy of the proposed treatment plan
 2436  must be attached to the petition. Before the petition is filed,
 2437  the service provider shall certify that the services in the
 2438  proposed treatment plan are available. If the necessary services
 2439  are not available in the patient’s local community where the
 2440  individual will reside to respond to the person’s individual
 2441  needs, the petition may not be filed.
 2442         (c) A The petition for involuntary outpatient placement
 2443  must be filed in the county where the individual who is the
 2444  subject of the petition patient is located, unless the
 2445  individual patient is being placed from a state treatment
 2446  facility, in which case the petition must be filed in the county
 2447  where the individual patient will reside. When the petition is
 2448  has been filed, the clerk of the court shall provide copies of
 2449  the petition and the proposed treatment plan to the department,
 2450  the individual patient, the individual’s patient’s guardian,
 2451  guardian advocate, health care surrogate or proxy, or
 2452  representative, the state attorney, and the public defender or
 2453  the individual’s patient’s private counsel. A fee may not be
 2454  charged for filing a petition under this subsection.
 2455         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2456  after the filing of a petition for involuntary outpatient
 2457  placement, the court shall appoint the public defender to
 2458  represent the individual if the individual person who is the
 2459  subject of a mental illness the petition and the office of
 2460  criminal conflict and civil regional counsel to represent the
 2461  individual if the individual is the subject of a substance abuse
 2462  petition, unless the individual person is otherwise represented
 2463  by counsel. The clerk of the court shall immediately notify the
 2464  public defender or the office of criminal conflict and civil
 2465  regional counsel of the appointment. The public defender or the
 2466  office of criminal conflict and civil regional counsel shall
 2467  represent the individual person until the petition is dismissed,
 2468  the court order expires, or the individual patient is discharged
 2469  from involuntary outpatient placement. An attorney who
 2470  represents the individual patient shall have access to the
 2471  individual patient, witnesses, and records relevant to the
 2472  presentation of the individual’s patient’s case and shall
 2473  represent the interests of the individual patient, regardless of
 2474  the source of payment to the attorney. An attorney representing
 2475  an individual in proceedings under this part shall advocate the
 2476  individual’s expressed desires and must be present and actively
 2477  participate in all hearings on involuntary placement.
 2478         (5) CONTINUANCE OF HEARING.—The individual patient is
 2479  entitled, with the concurrence of the individual’s patient’s
 2480  counsel, to at least one continuance of the hearing. The
 2481  continuance shall be for a period of up to 4 weeks.
 2482         (6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
 2483         (a)1. The court shall hold the hearing on involuntary
 2484  outpatient placement within 5 court working days after the
 2485  filing of the petition, unless a continuance is granted. The
 2486  hearing shall be held in the county where the petition is filed,
 2487  shall be as convenient to the individual who is the subject of
 2488  the petition patient as is consistent with orderly procedure,
 2489  and shall be conducted in physical settings not likely to be
 2490  injurious to the individual’s patient’s condition. If the court
 2491  finds that the individual’s patient’s attendance at the hearing
 2492  is not consistent with the best interests of the individual
 2493  patient and if the individual’s patient’s counsel does not
 2494  object, the court may waive the presence of the individual
 2495  patient from all or any portion of the hearing. The state
 2496  attorney for the circuit in which the individual patient is
 2497  located shall represent the state, rather than the petitioner,
 2498  as the real party in interest in the proceeding. The state
 2499  attorney shall have access to the individual’s clinical record
 2500  and witnesses and shall independently evaluate the allegations
 2501  set forth in the petition for involuntary placement. If the
 2502  allegations are substantiated, the state attorney shall
 2503  prosecute the petition. If the allegations are not
 2504  substantiated, the state attorney shall withdraw the petition.
 2505         (b)2. The court may appoint a magistrate master to preside
 2506  at the hearing. One of the professionals who executed the
 2507  involuntary outpatient placement certificate shall be a witness.
 2508  The individual who is the subject of the petition patient and
 2509  his or her the patient’s guardian, guardian advocate, health
 2510  care surrogate or proxy, or representative shall be informed by
 2511  the court of the right to an independent expert examination. If
 2512  the individual patient cannot afford such an examination, the
 2513  court shall provide for one. The independent expert’s report is
 2514  shall be confidential and not discoverable, unless the expert is
 2515  to be called as a witness for the individual patient at the
 2516  hearing. The court shall allow testimony from persons
 2517  individuals, including family members, deemed by the court to be
 2518  relevant under state law, regarding the individual’s person’s
 2519  prior history and how that prior history relates to the
 2520  individual’s person’s current condition. The testimony in the
 2521  hearing must be given under oath, and the proceedings must be
 2522  recorded. The individual patient may refuse to testify at the
 2523  hearing.
 2524         (c) The court shall consider testimony and evidence
 2525  regarding the competence of the individual being held to consent
 2526  to treatment. If the court finds that the individual is
 2527  incompetent to consent, it shall appoint a guardian advocate as
 2528  provided in s. 394.4598.
 2529         (7) COURT ORDER.—
 2530         (a)(b)1. If the court concludes that the individual who is
 2531  the subject of the petition patient meets the criteria for
 2532  involuntary outpatient placement under pursuant to subsection
 2533  (1), the court shall issue an order for involuntary outpatient
 2534  placement. The court order may shall be for a period of up to 6
 2535  months. The order must specify the nature and extent of the
 2536  individual’s patient’s mental illness or substance abuse
 2537  impairment. The court order of the court and the treatment plan
 2538  must shall be made part of the individual’s patient’s clinical
 2539  record. The service provider shall discharge an individual a
 2540  patient from involuntary outpatient placement when the order
 2541  expires or any time the individual patient no longer meets the
 2542  criteria for involuntary placement. Upon discharge, the service
 2543  provider shall send a certificate of discharge to the court.
 2544         (b)2. The court may not order the department or the service
 2545  provider to provide services if the program or service is not
 2546  available in the patient’s local community of the individual
 2547  being served, if there is no space available in the program or
 2548  service for the individual patient, or if funding is not
 2549  available for the program or service. A copy of the order must
 2550  be sent to the Agency for Health Care Administration by the
 2551  service provider within 1 working day after it is received from
 2552  the court. After the placement order is issued, the service
 2553  provider and the individual patient may modify provisions of the
 2554  treatment plan. For any material modification of the treatment
 2555  plan to which the individual patient or the individual’s
 2556  patient’s guardian advocate, if appointed, does agree, the
 2557  service provider shall send notice of the modification to the
 2558  court. Any material modifications of the treatment plan which
 2559  are contested by the individual patient or the individual’s
 2560  patient’s guardian advocate, if appointed, must be approved or
 2561  disapproved by the court consistent with the requirements of
 2562  subsection (2).
 2563         (c)3. If, in the clinical judgment of a physician, the
 2564  individual being served patient has failed or has refused to
 2565  comply with the treatment ordered by the court, and, in the
 2566  clinical judgment of the physician, efforts were made to solicit
 2567  compliance and the individual patient may meet the criteria for
 2568  involuntary examination, the individual a person may be brought
 2569  to a receiving facility pursuant to s. 394.463 for involuntary
 2570  examination. If, after examination, the individual patient does
 2571  not meet the criteria for involuntary inpatient placement
 2572  pursuant to s. 394.467, the individual patient must be
 2573  discharged from the receiving facility. The involuntary
 2574  outpatient placement order remains shall remain in effect unless
 2575  the service provider determines that the individual patient no
 2576  longer meets the criteria for involuntary outpatient placement
 2577  or until the order expires. The service provider must determine
 2578  whether modifications should be made to the existing treatment
 2579  plan and must attempt to continue to engage the individual
 2580  patient in treatment. For any material modification of the
 2581  treatment plan to which the individual patient or the
 2582  individual’s patient’s guardian advocate, if appointed, agrees
 2583  does agree, the service provider shall send notice of the
 2584  modification to the court. Any material modifications of the
 2585  treatment plan which are contested by the individual patient or
 2586  the individual’s patient’s guardian advocate, if appointed, must
 2587  be approved or disapproved by the court consistent with the
 2588  requirements of subsection (2).
 2589         (d)(c) If, at any time before the conclusion of the initial
 2590  hearing on involuntary outpatient placement, it appears to the
 2591  court that the individual person does not meet the criteria for
 2592  involuntary outpatient placement under this section but,
 2593  instead, meets the criteria for involuntary inpatient placement,
 2594  the court may order the individual person admitted for
 2595  involuntary inpatient examination under s. 394.463. If the
 2596  person instead meets the criteria for involuntary assessment,
 2597  protective custody, or involuntary admission pursuant to s.
 2598  397.675, the court may order the person to be admitted for
 2599  involuntary assessment for a period of 5 days pursuant to s.
 2600  397.6811. Thereafter, all proceedings shall be governed by
 2601  chapter 397.
 2602         (d) At the hearing on involuntary outpatient placement, the
 2603  court shall consider testimony and evidence regarding the
 2604  patient’s competence to consent to treatment. If the court finds
 2605  that the patient is incompetent to consent to treatment, it
 2606  shall appoint a guardian advocate as provided in s. 394.4598.
 2607  The guardian advocate shall be appointed or discharged in
 2608  accordance with s. 394.4598.
 2609         (e) The administrator of the receiving facility, the
 2610  detoxification facility, or the designated department
 2611  representative shall provide a copy of the court order and
 2612  adequate documentation of an individual’s a patient’s mental
 2613  illness or substance abuse impairment to the service provider
 2614  for involuntary outpatient placement. Such documentation must
 2615  include any advance directives made by the individual patient, a
 2616  psychiatric evaluation of the individual patient, and any
 2617  evaluations of the individual patient performed by a clinical
 2618  psychologist or a clinical social worker.
 2619         (8)(7)PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 2620  PLACEMENT.—
 2621         (a)1. If the individual person continues to meet the
 2622  criteria for involuntary outpatient placement, the service
 2623  provider shall, before the expiration of the period during which
 2624  the placement treatment is ordered for the person, file in the
 2625  circuit court a petition for continued involuntary outpatient
 2626  placement.
 2627         1.2. The existing involuntary outpatient placement order
 2628  remains in effect until disposition of on the petition for
 2629  continued involuntary outpatient placement.
 2630         2.3. A certificate must shall be attached to the petition
 2631  which includes a statement from the individual’s person’s
 2632  physician or clinical psychologist justifying the request, a
 2633  brief description of the individual’s patient’s treatment during
 2634  the time he or she was involuntarily placed, and a personalized
 2635  an individualized plan of continued treatment.
 2636         3.4. The service provider shall develop the individualized
 2637  plan of continued treatment in consultation with the individual
 2638  patient or his or her the patient’s guardian advocate, if
 2639  appointed. When the petition has been filed, the clerk of the
 2640  court shall provide copies of the certificate and the
 2641  individualized plan of continued treatment to the department,
 2642  the individual patient, the individual’s patient’s guardian
 2643  advocate, the state attorney, and the individual’s patient’s
 2644  private counsel, or the public defender, or the office of
 2645  criminal conflict and civil regional counsel.
 2646         (b) Within 1 court working day after the filing of a
 2647  petition for continued involuntary outpatient placement, the
 2648  court shall appoint the public defender to represent the
 2649  individual if the individual person who is the subject of a the
 2650  mental illness petition and the office of criminal conflict and
 2651  civil regional counsel to represent the individual if the
 2652  individual is the subject of a substance abuse petition, unless
 2653  the individual person is otherwise represented by counsel. The
 2654  clerk of the court shall immediately notify the public defender
 2655  or the office of criminal conflict and civil regional counsel of
 2656  the such appointment. The public defender or the office of
 2657  criminal conflict and civil regional counsel shall represent the
 2658  individual person until the petition is dismissed, or the court
 2659  order expires, or the individual patient is discharged from
 2660  involuntary outpatient placement. Any attorney representing the
 2661  individual patient shall have access to the individual patient,
 2662  witnesses, and records relevant to the presentation of the
 2663  individual’s patient’s case and shall represent the interests of
 2664  the individual patient, regardless of the source of payment to
 2665  the attorney.
 2666         (c) The court shall inform the individual who is the
 2667  subject of the petition and his or her guardian, guardian
 2668  advocate, health care surrogate or proxy, or representative of
 2669  the individual’s right to an independent expert examination. If
 2670  the individual cannot afford such an examination, the court
 2671  shall provide one.
 2672         (d)(c) Hearings on petitions for continued involuntary
 2673  outpatient placement are shall be before the circuit court. The
 2674  court may appoint a magistrate master to preside at the hearing.
 2675  The procedures for obtaining an order pursuant to this paragraph
 2676  must shall be in accordance with subsection (6), except that the
 2677  time period included in paragraph (1)(e) is not applicable in
 2678  determining the appropriateness of additional periods of
 2679  involuntary outpatient placement.
 2680         (e)(d) Notice of the hearing shall be provided in
 2681  accordance with as set forth in s. 394.4599. The individual
 2682  being served patient and the individual’s patient’s attorney may
 2683  agree to a period of continued outpatient placement without a
 2684  court hearing.
 2685         (f)(e) The same procedure shall be repeated before the
 2686  expiration of each additional period the individual being served
 2687  patient is placed in treatment.
 2688         (g)(f) If the individual in involuntary outpatient
 2689  placement patient has previously been found incompetent to
 2690  consent to treatment, the court shall consider testimony and
 2691  evidence regarding the individual’s patient’s competence.
 2692  Section 394.4598 governs the discharge of the guardian advocate
 2693  if the individual’s patient’s competency to consent to treatment
 2694  has been restored.
 2695         Section 19. Effective on July 1, 2016, section 394.467,
 2696  Florida Statutes, is amended to read:
 2697         394.467 Involuntary inpatient placement.—
 2698         (1) CRITERIA.—An individual A person may be placed in
 2699  involuntary inpatient placement for treatment upon a finding of
 2700  the court by clear and convincing evidence that:
 2701         (a) He or she has a mental illness or substance abuse
 2702  impairment is mentally ill and because of his or her mental
 2703  illness or substance abuse impairment:
 2704         1.a. He or she has refused voluntary placement for
 2705  treatment after sufficient and conscientious explanation and
 2706  disclosure of the purpose of placement for treatment; or
 2707         b. He or she is unable to determine for himself or herself
 2708  whether placement is necessary; and
 2709         2.a. He or she is manifestly incapable of surviving alone
 2710  or with the help of willing and responsible family or friends,
 2711  including available alternative services, and, without
 2712  treatment, is likely to suffer from neglect or refuse to care
 2713  for himself or herself, and such neglect or refusal poses a real
 2714  and present threat of substantial harm to his or her well-being;
 2715  or
 2716         b. There is substantial likelihood that in the near future
 2717  he or she will inflict serious bodily harm on self or others
 2718  himself or herself or another person, as evidenced by recent
 2719  behavior causing, attempting, or threatening such harm; and
 2720         (b) All available less restrictive treatment alternatives
 2721  that which would offer an opportunity for improvement of his or
 2722  her condition have been judged to be inappropriate.
 2723         (2) ADMISSION TO A TREATMENT FACILITY.—An individual A
 2724  patient may be retained by a mental health receiving facility,
 2725  an addictions receiving facility, or a detoxification facility,
 2726  or involuntarily placed in a treatment facility upon the
 2727  recommendation of the administrator of the receiving facility
 2728  where the individual patient has been examined and after
 2729  adherence to the notice and hearing procedures provided in s.
 2730  394.4599. The recommendation must be supported by the opinion of
 2731  a psychiatrist and the second opinion of a clinical psychologist
 2732  or another psychiatrist, both of whom have personally examined
 2733  the individual patient within the preceding 72 hours, that the
 2734  criteria for involuntary inpatient placement are met. However,
 2735  in a county that has a population of fewer than 50,000, if the
 2736  administrator certifies that a psychiatrist or clinical
 2737  psychologist is not available to provide the second opinion, the
 2738  second opinion may be provided by a licensed physician who has
 2739  postgraduate training and experience in diagnosis and treatment
 2740  of mental and nervous disorders or by a psychiatric nurse. If
 2741  the petition seeks placement for treatment of substance abuse
 2742  impairment only and the individual is examined by an addictions
 2743  receiving facility or detoxification facility, the first opinion
 2744  may be provided by a physician, and the second opinion may be
 2745  provided by a qualified professional with respect to substance
 2746  abuse treatment. Any second opinion authorized in this
 2747  subsection may be conducted through a face-to-face examination,
 2748  in person or by electronic means. Such recommendation must shall
 2749  be entered on an involuntary inpatient placement certificate
 2750  that authorizes the receiving facility to retain the individual
 2751  being held patient pending transfer to a treatment facility or
 2752  completion of a hearing.
 2753         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The
 2754  administrator of the mental health facility, addictions
 2755  receiving facility, or detoxification facility shall file a
 2756  petition for involuntary inpatient placement in the court in the
 2757  county where the individual patient is located. Upon filing, the
 2758  clerk of the court shall provide copies to the department, the
 2759  individual patient, the individual’s patient’s guardian,
 2760  guardian advocate, health care surrogate or proxy, or
 2761  representative, and the state attorney and public defender or
 2762  office of criminal conflict and civil regional counsel of the
 2763  judicial circuit in which the individual patient is located. A
 2764  No fee may not shall be charged for the filing of a petition
 2765  under this subsection.
 2766         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2767  after the filing of a petition for involuntary inpatient
 2768  placement, the court shall appoint the public defender to
 2769  represent the individual if the individual person who is the
 2770  subject of a mental illness the petition and the office of
 2771  criminal conflict and civil regional counsel to represent the
 2772  individual if the individual is the subject of a substance abuse
 2773  petition, unless the individual person is otherwise represented
 2774  by counsel. The clerk of the court shall immediately notify the
 2775  public defender or the office of criminal conflict and civil
 2776  regional counsel of the such appointment. Any attorney
 2777  representing the individual patient shall have access to the
 2778  individual patient, witnesses, and records relevant to the
 2779  presentation of the individual’s patient’s case and shall
 2780  represent the interests of the individual patient, regardless of
 2781  the source of payment to the attorney.
 2782         (a) An attorney representing an individual in proceedings
 2783  under this part shall advocate the individual’s expressed
 2784  desires and must be present and actively participate in all
 2785  hearings on involuntary placement.
 2786         (b) The state attorney for the judicial circuit in which
 2787  the individual is located shall represent the state rather than
 2788  the petitioning facility administrator as the real party in
 2789  interest in the proceeding. The state attorney shall have access
 2790  to the individual’s clinical record and witnesses and shall
 2791  independently evaluate the allegations set forth in the petition
 2792  for involuntary placement. If the allegations are substantiated,
 2793  the state attorney shall prosecute the petition. If the
 2794  allegations are not substantiated, the state attorney shall
 2795  withdraw the petition.
 2796         (5) CONTINUANCE OF HEARING.—The individual patient is
 2797  entitled, with the concurrence of the individual’s patient’s
 2798  counsel, to at least one continuance of the hearing. The
 2799  continuance shall be for a period of up to 4 weeks.
 2800         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 2801         (a)1. The court shall hold the hearing on involuntary
 2802  inpatient placement within 5 court working days after the
 2803  petition is filed, unless a continuance is granted.
 2804         1. The hearing shall be held in the county where the
 2805  individual patient is located and shall be as convenient to the
 2806  individual patient as may be consistent with orderly procedure
 2807  and shall be conducted in physical settings not likely to be
 2808  injurious to the individual’s patient’s condition. If the
 2809  individual wishes to waive his or her court finds that the
 2810  patient’s attendance at the hearing, the court must determine
 2811  that the waiver is knowingly, intelligently, and voluntarily
 2812  being waived and is not consistent with the best interests of
 2813  the patient, and the patient’s counsel does not object, the
 2814  court may waive the presence of the individual patient from all
 2815  or any portion of the hearing. The state attorney for the
 2816  circuit in which the patient is located shall represent the
 2817  state, rather than the petitioning facility administrator, as
 2818  the real party in interest in the proceeding.
 2819         2. The court may appoint a general or special magistrate to
 2820  preside at the hearing. One of the two professionals who
 2821  executed the involuntary inpatient placement certificate shall
 2822  be a witness. The individual patient and the individual’s
 2823  patient’s guardian, guardian advocate, health care surrogate or
 2824  proxy, or representative shall be informed by the court of the
 2825  right to an independent expert examination. If the individual
 2826  patient cannot afford such an examination, the court shall
 2827  provide for one. The independent expert’s report is shall be
 2828  confidential and not discoverable, unless the expert is to be
 2829  called as a witness for the individual patient at the hearing.
 2830  The testimony in the hearing must be given under oath, and the
 2831  proceedings must be recorded. The individual patient may refuse
 2832  to testify at the hearing.
 2833         3. The court shall allow testimony from persons, including
 2834  family members, deemed by the court to be relevant regarding the
 2835  individual’s prior history and how that prior history relates to
 2836  the individual’s current condition.
 2837         (b) If the court concludes that the individual patient
 2838  meets the criteria for involuntary inpatient placement, it shall
 2839  order that the individual patient be transferred to a treatment
 2840  facility or, if the individual patient is at a treatment
 2841  facility, that the individual patient be retained there or be
 2842  treated at any other appropriate mental health receiving
 2843  facility, addictions receiving facility, detoxification
 2844  facility, or treatment facility, or that the individual patient
 2845  receive services from such a facility a receiving or treatment
 2846  facility, on an involuntary basis, for up to 90 days a period of
 2847  up to 6 months. The order shall specify the nature and extent of
 2848  the individual’s patient’s mental illness or substance abuse
 2849  impairment. The court may not order an individual with traumatic
 2850  brain injury or dementia who lacks a co-occurring mental illness
 2851  to be involuntarily placed in a state treatment facility. The
 2852  facility shall discharge the individual at a patient any time
 2853  the individual patient no longer meets the criteria for
 2854  involuntary inpatient placement, unless the individual patient
 2855  has transferred to voluntary status.
 2856         (c) If at any time before prior to the conclusion of the
 2857  hearing on involuntary inpatient placement it appears to the
 2858  court that the individual person does not meet the criteria for
 2859  involuntary inpatient placement under this section, but instead
 2860  meets the criteria for involuntary outpatient placement, the
 2861  court may order the individual person evaluated for involuntary
 2862  outpatient placement pursuant to s. 394.4655, and. the petition
 2863  and hearing procedures set forth in s. 394.4655 shall apply. If
 2864  the person instead meets the criteria for involuntary
 2865  assessment, protective custody, or involuntary admission
 2866  pursuant to s. 397.675, then the court may order the person to
 2867  be admitted for involuntary assessment for a period of 5 days
 2868  pursuant to s. 397.6811. Thereafter, all proceedings shall be
 2869  governed by chapter 397.
 2870         (d) At the hearing on involuntary inpatient placement, the
 2871  court shall consider testimony and evidence regarding the
 2872  individual’s patient’s competence to consent to treatment. If
 2873  the court finds that the individual patient is incompetent to
 2874  consent to treatment, it shall appoint a guardian advocate as
 2875  provided in s. 394.4598.
 2876         (e) The administrator of the petitioning receiving facility
 2877  shall provide a copy of the court order and adequate
 2878  documentation of the individual’s a patient’s mental illness or
 2879  substance abuse impairment to the administrator of a treatment
 2880  facility if the individual whenever a patient is ordered for
 2881  involuntary inpatient placement, whether by civil or criminal
 2882  court. The documentation must shall include any advance
 2883  directives made by the individual patient, a psychiatric
 2884  evaluation of the individual patient, and any evaluations of the
 2885  individual patient performed by a clinical psychologist, a
 2886  marriage and family therapist, a mental health counselor, a
 2887  substance abuse qualified professional or a clinical social
 2888  worker. The administrator of a treatment facility may refuse
 2889  admission to an individual any patient directed to its
 2890  facilities on an involuntary basis, whether by civil or criminal
 2891  court order, who is not accompanied at the same time by adequate
 2892  orders and documentation.
 2893         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
 2894  PLACEMENT.—
 2895         (a) Hearings on petitions for continued involuntary
 2896  inpatient placement shall be administrative hearings and shall
 2897  be conducted in accordance with the provisions of s. 120.57(1),
 2898  except that an any order entered by an the administrative law
 2899  judge is shall be final and subject to judicial review in
 2900  accordance with s. 120.68. Orders concerning an individual
 2901  patients committed after successfully pleading not guilty by
 2902  reason of insanity are shall be governed by the provisions of s.
 2903  916.15.
 2904         (b) If the individual patient continues to meet the
 2905  criteria for involuntary inpatient placement, the administrator
 2906  shall, before prior to the expiration of the period during which
 2907  the treatment facility is authorized to retain the individual
 2908  patient, file a petition requesting authorization for continued
 2909  involuntary inpatient placement. The request must shall be
 2910  accompanied by a statement from the individual’s patient’s
 2911  physician or clinical psychologist justifying the request, a
 2912  brief description of the individual’s patient’s treatment during
 2913  the time he or she was involuntarily placed, and a personalized
 2914  an individualized plan of continued treatment. Notice of the
 2915  hearing must shall be provided as set forth in s. 394.4599. If
 2916  at the hearing the administrative law judge finds that
 2917  attendance at the hearing is not consistent with the
 2918  individual’s best interests of the patient, the administrative
 2919  law judge may waive the presence of the individual patient from
 2920  all or any portion of the hearing, unless the individual
 2921  patient, through counsel, objects to the waiver of presence. The
 2922  testimony in the hearing must be under oath, and the proceedings
 2923  must be recorded.
 2924         (c) Unless the individual patient is otherwise represented
 2925  or is ineligible, he or she shall be represented at the hearing
 2926  on the petition for continued involuntary inpatient placement by
 2927  the public defender of the circuit in which the facility is
 2928  located.
 2929         (d) The Division of Administrative Hearings shall inform
 2930  the individual and his or her guardian, guardian advocate,
 2931  health care surrogate or proxy, or representative of the right
 2932  to an independent expert examination. If the individual cannot
 2933  afford such an examination, the court shall provide one.
 2934         (e)(d) If at a hearing it is shown that the individual
 2935  patient continues to meet the criteria for involuntary inpatient
 2936  placement, the administrative law judge shall sign the order for
 2937  continued involuntary inpatient placement for a period of up to
 2938  90 days not to exceed 6 months. The same procedure must shall be
 2939  repeated prior to the expiration of each additional period the
 2940  individual patient is retained.
 2941         (f)(e) If continued involuntary inpatient placement is
 2942  necessary for an individual a patient admitted while serving a
 2943  criminal sentence, but whose sentence is about to expire, or for
 2944  a minor patient involuntarily placed while a minor but who is
 2945  about to reach the age of 18, the administrator shall petition
 2946  the administrative law judge for an order authorizing continued
 2947  involuntary inpatient placement.
 2948         (g)(f) If the individual previously patient has been
 2949  previously found incompetent to consent to treatment, the
 2950  administrative law judge shall consider testimony and evidence
 2951  regarding the individual’s patient’s competence. If the
 2952  administrative law judge finds evidence that the individual
 2953  patient is now competent to consent to treatment, the
 2954  administrative law judge may issue a recommended order to the
 2955  court that found the individual patient incompetent to consent
 2956  to treatment that the individual’s patient’s competence be
 2957  restored and that any guardian advocate previously appointed be
 2958  discharged.
 2959         (8) RETURN TO FACILITY OF PATIENTS.—If an individual held
 2960  When a patient at a treatment facility involuntarily under this
 2961  part leaves the facility without the administrator’s
 2962  authorization, the administrator may authorize a search for, the
 2963  patient and the return of, the individual patient to the
 2964  facility. The administrator may request the assistance of a law
 2965  enforcement agency in the search for and return of the patient.
 2966         Section 20. Effective July 1, 2016, section 394.4672,
 2967  Florida Statutes, is amended to read:
 2968         394.4672 Procedure for placement of veteran with federal
 2969  agency.—
 2970         (1) A facility owned, operated, or administered by the
 2971  United States Department of Veterans Affairs which provides
 2972  mental health services has authority as granted by the
 2973  Department of Veterans’ Affairs to:
 2974         (a) Initiate and conduct involuntary examinations pursuant
 2975  to s. 394.463.
 2976         (b) Provide voluntary treatment pursuant to s. 394.4625.
 2977         (c) Petition for involuntary inpatient placement pursuant
 2978  to s. 394.467.
 2979         (d) Provide involuntary inpatient placement pursuant to
 2980  this part.
 2981         (2)(1)If a Whenever it is determined by the court
 2982  determines that an individual a person meets the criteria for
 2983  involuntary placement and he or she it appears that such person
 2984  is eligible for care or treatment by the United States
 2985  Department of Veterans Affairs or another other agency of the
 2986  United States Government, the court, upon receipt of a
 2987  certificate from the United States Department of Veterans
 2988  Affairs or such other agency showing that facilities are
 2989  available and that the individual person is eligible for care or
 2990  treatment therein, may place that individual person with the
 2991  United States Department of Veterans Affairs or other federal
 2992  agency. The individual person whose placement is sought shall be
 2993  personally served with notice of the pending placement
 2994  proceeding in the manner as provided in this part., and nothing
 2995  in This section does not shall affect the individual’s his or
 2996  her right to appear and be heard in the proceeding. Upon
 2997  placement, the individual is person shall be subject to the
 2998  rules and regulations of the United States Department of
 2999  Veterans Affairs or other federal agency.
 3000         (3)(2) The judgment or order of placement issued by a court
 3001  of competent jurisdiction of another state or of the District of
 3002  Columbia which places an individual, placing a person with the
 3003  United States Department of Veterans Affairs or other federal
 3004  agency for care or treatment has, shall have the same force and
 3005  effect in this state as in the jurisdiction of the court
 3006  entering the judgment or making the order.; and The courts of
 3007  the placing state or of the District of Columbia shall retain be
 3008  deemed to have retained jurisdiction of the individual person so
 3009  placed. Consent is hereby given to the application of the law of
 3010  the placing state or district with respect to the authority of
 3011  the chief officer of any facility of the United States
 3012  Department of Veterans Affairs or other federal agency operated
 3013  in this state to retain custody or to transfer, parole, or
 3014  discharge the individual person.
 3015         (4)(3) Upon receipt of a certificate of the United States
 3016  Department of Veterans Affairs or another such other federal
 3017  agency that facilities are available for the care or treatment
 3018  of individuals who have mental illness or substance abuse
 3019  impairment mentally ill persons and that an individual the
 3020  person is eligible for that care or treatment, the administrator
 3021  of the receiving or treatment facility may cause the transfer of
 3022  that individual person to the United States Department of
 3023  Veterans Affairs or other federal agency. Upon effecting such
 3024  transfer, the committing court shall be notified by the
 3025  transferring agency. An individual may not No person shall be
 3026  transferred to the United States Department of Veterans Affairs
 3027  or other federal agency if he or she is confined pursuant to the
 3028  conviction of any felony or misdemeanor or if he or she has been
 3029  acquitted of the charge solely on the ground of insanity, unless
 3030  prior to transfer the court placing the individual such person
 3031  enters an order for the transfer after appropriate motion and
 3032  hearing and without objection by the United States Department of
 3033  Veterans Affairs.
 3034         (5)(4)An individual Any person transferred as provided in
 3035  this section is shall be deemed to be placed with the United
 3036  States Department of Veterans Affairs or other federal agency
 3037  pursuant to the original placement.
 3038         Section 21. Section 394.47891, Florida Statutes, is amended
 3039  to read:
 3040         394.47891 Military veterans and servicemembers court
 3041  programs.—The chief judge of each judicial circuit may establish
 3042  a Military Veterans and Servicemembers Court Program under which
 3043  veterans, as defined in s. 1.01, including veterans who were
 3044  discharged or released under a general discharge, and
 3045  servicemembers, as defined in s. 250.01, who are charged or
 3046  convicted of a criminal offense and who suffer from a military
 3047  related mental illness, traumatic brain injury, substance abuse
 3048  disorder, or psychological problem can be sentenced in
 3049  accordance with chapter 921 in a manner that appropriately
 3050  addresses the severity of the mental illness, traumatic brain
 3051  injury, substance abuse disorder, or psychological problem
 3052  through services tailored to the individual needs of the
 3053  participant. Entry into any Military Veterans and Servicemembers
 3054  Court Program must be based upon the sentencing court’s
 3055  assessment of the defendant’s criminal history, military
 3056  service, substance abuse treatment needs, mental health
 3057  treatment needs, amenability to the services of the program, the
 3058  recommendation of the state attorney and the victim, if any, and
 3059  the defendant’s agreement to enter the program.
 3060         Section 22. Section 394.47892, Florida Statutes, is created
 3061  to read:
 3062         394.47892 Treatment-based mental health court programs.—
 3063         (1) Each county may fund a treatment-based mental health
 3064  court program under which defendants in the justice system
 3065  assessed with a mental illness shall be processed in such a
 3066  manner as to appropriately address the severity of the
 3067  identified mental illness through treatment services tailored to
 3068  the individual needs of the participant. The Legislature intends
 3069  to encourage the Department of Corrections, the Department of
 3070  Children and Families, the Department of Juvenile Justice, the
 3071  Department of Health, the Department of Law Enforcement, the
 3072  Department of Education, and other such agencies, local
 3073  governments, law enforcement agencies, interested public or
 3074  private entities, and individuals to support the creation and
 3075  establishment of problem-solving court programs. Participation
 3076  in treatment-based mental health court programs does not relieve
 3077  a public or private agency of its responsibility for a child or
 3078  an adult, but enables these agencies to better meet the child’s
 3079  or adult’s needs through shared responsibility and resources.
 3080         (2) Treatment-based mental health court programs may
 3081  include pretrial intervention programs as provided in ss.
 3082  948.08, 948.16, and 985.345, postadjudicatory treatment-based
 3083  mental health court programs as provided in ss. 948.01 and
 3084  948.06, and review of the status of compliance or noncompliance
 3085  of sentenced defendants through a treatment-based mental health
 3086  court program.
 3087         (3) Entry into a pretrial treatment-based mental health
 3088  court program is voluntary.
 3089         (4)(a) Entry into a postadjudicatory treatment-based mental
 3090  health court program as a condition of probation or community
 3091  control pursuant to s. 948.01 or s. 948.06 must be based upon
 3092  the sentencing court’s assessment of the defendant’s criminal
 3093  history, mental health screening outcome, amenability to the
 3094  services of the program, and total sentence points; the
 3095  recommendation of the state attorney and the victim, if any; and
 3096  the defendant’s agreement to enter the program.
 3097         (b) A defendant who is sentenced to a postadjudicatory
 3098  mental health court program and who, while a mental health court
 3099  participant, is the subject of a violation of probation or
 3100  community control under s. 948.06 shall have the violation of
 3101  probation or community control heard by the judge presiding over
 3102  the postadjudicatory mental health court program. After a
 3103  hearing on or admission of the violation, the judge shall
 3104  dispose of any such violation as he or she deems appropriate if
 3105  the resulting sentence or conditions are lawful.
 3106         (5)(a) Contingent upon an annual appropriation by the
 3107  Legislature, each judicial circuit shall establish, at a
 3108  minimum, one coordinator position for the treatment-based mental
 3109  health court program within the state courts system to
 3110  coordinate the responsibilities of the participating agencies
 3111  and service providers. Each coordinator shall provide direct
 3112  support to the treatment-based mental health court program by
 3113  providing coordination between the multidisciplinary team and
 3114  the judiciary, providing case management, monitoring compliance
 3115  of the participants in the treatment-based mental health court
 3116  program with court requirements, and providing program
 3117  evaluation and accountability.
 3118         (b) Each circuit shall report sufficient client-level and
 3119  programmatic data to the Office of the State Courts
 3120  Administrator annually for purposes of program evaluation.
 3121  Client-level data include primary offenses that resulted in the
 3122  mental health court referral or sentence, treatment compliance,
 3123  completion status and reasons for failure to complete, offenses
 3124  committed during treatment and the sanctions imposed, frequency
 3125  of court appearances, and units of service. Programmatic data
 3126  include referral and screening procedures, eligibility criteria,
 3127  type and duration of treatment offered, and residential
 3128  treatment resources.
 3129         (6) If a county chooses to fund a treatment-based mental
 3130  health court program, the county must secure funding from
 3131  sources other than the state for those costs not otherwise
 3132  assumed by the state pursuant to s. 29.004. However, this
 3133  subsection does not preclude counties from using funds for
 3134  treatment and other services provided through state executive
 3135  branch agencies. Counties may provide, by interlocal agreement,
 3136  for the collective funding of these programs.
 3137         (7) The chief judge of each judicial circuit may appoint an
 3138  advisory committee for the treatment-based mental health court
 3139  program. The committee shall be composed of the chief judge, or
 3140  his or her designee, who shall serve as chair; the judge of the
 3141  treatment-based mental health court program, if not otherwise
 3142  designated by the chief judge as his or her designee; the state
 3143  attorney, or his or her designee; the public defender, or his or
 3144  her designee; the treatment-based mental health court program
 3145  coordinators; community representatives; treatment
 3146  representatives; and any other persons that the chair deems
 3147  appropriate.
 3148         Section 23. Section 394.656, Florida Statutes, is amended
 3149  to read:
 3150         394.656 Criminal Justice, Mental Health, and Substance
 3151  Abuse Reinvestment Grant Program.—
 3152         (1) There is created within the Department of Children and
 3153  Families the Criminal Justice, Mental Health, and Substance
 3154  Abuse Reinvestment Grant Program. The purpose of the program is
 3155  to provide funding to counties with which they can plan,
 3156  implement, or expand initiatives that increase public safety,
 3157  avert increased spending on criminal justice, and improve the
 3158  accessibility and effectiveness of treatment services for adults
 3159  and juveniles who have a mental illness, substance abuse
 3160  disorder, or co-occurring mental health and substance abuse
 3161  disorders and who are in, or at risk of entering, the criminal
 3162  or juvenile justice systems.
 3163         (2) The department shall establish a Criminal Justice,
 3164  Mental Health, and Substance Abuse Statewide Grant Policy Review
 3165  Committee. The committee shall include:
 3166         (a) One representative of the Department of Children and
 3167  Families;
 3168         (b) One representative of the Department of Corrections;
 3169         (c) One representative of the Department of Juvenile
 3170  Justice;
 3171         (d) One representative of the Department of Elderly
 3172  Affairs; and
 3173         (e) One representative of the Office of the State Courts
 3174  Administrator;
 3175         (f) One representative of the Department of Veterans’
 3176  Affairs;
 3177         (g) One representative of the Florida Sheriffs Association;
 3178         (h) One representative of the Florida Police Chiefs
 3179  Association;
 3180         (i) One representative of the Florida Association of
 3181  Counties;
 3182         (j) One representative of the Florida Alcohol and Drug
 3183  Abuse Association;
 3184         (k) One representative of the Florida Association of
 3185  Managing Entities;
 3186         (l) One representative of the Florida Council for Community
 3187  Mental Health; and
 3188         (m) One administrator of a state-licensed limited mental
 3189  health assisted living facility.
 3190         (3) The committee shall serve as the advisory body to
 3191  review policy and funding issues that help reduce the impact of
 3192  persons with mental illnesses and substance use disorders on
 3193  communities, criminal justice agencies, and the court system.
 3194  The committee shall advise the department in selecting
 3195  priorities for grants and investing awarded grant moneys.
 3196         (4) The department shall create a grant review and
 3197  selection committee that has experience in substance use and
 3198  mental health disorders, community corrections, and law
 3199  enforcement. To the extent possible, the members of the
 3200  committee shall have expertise in grant writing, grant
 3201  reviewing, and grant application scoring.
 3202         (5)(3)(a) A county, or not-for-profit community provider,
 3203  managing entity, or coordinated care organization designated by
 3204  the county planning council or committee, as described in s.
 3205  394.657, may apply for a 1-year planning grant or a 3-year
 3206  implementation or expansion grant. The purpose of the grants is
 3207  to demonstrate that investment in treatment efforts related to
 3208  mental illness, substance abuse disorders, or co-occurring
 3209  mental health and substance abuse disorders results in a reduced
 3210  demand on the resources of the judicial, corrections, juvenile
 3211  detention, and health and social services systems.
 3212         (b) To be eligible to receive a 1-year planning grant or a
 3213  3-year implementation or expansion grant:,
 3214         1. A county applicant must have a county planning council
 3215  or committee that is in compliance with the membership
 3216  requirements set forth in this section.
 3217         2. A not-for-profit community provider, managing entity, or
 3218  coordinated care organization must be designated by the county
 3219  planning council or committee and have written authorization to
 3220  submit an application. A not-for-profit community provider,
 3221  managing entity, or coordinated care organization must have
 3222  written authorization for each application it submits.
 3223         (c) The department may award a 3-year implementation or
 3224  expansion grant to an applicant who has not received a 1-year
 3225  planning grant.
 3226         (d) The department may require an applicant to conduct
 3227  sequential intercept mapping for a project. For purposes of this
 3228  paragraph, the term “sequential intercept mapping” means a
 3229  process for reviewing a local community’s mental health,
 3230  substance abuse, criminal justice, and related systems and
 3231  identifying points of interceptions where interventions may be
 3232  made to prevent an individual with a substance use disorder or
 3233  mental illness from deeper involvement in the criminal justice
 3234  system.
 3235         (6)(4) The grant review and selection committee shall
 3236  select the grant recipients and notify the department of
 3237  Children and Families in writing of the recipients’ names of the
 3238  applicants who have been selected by the committee to receive a
 3239  grant. Contingent upon the availability of funds and upon
 3240  notification by the review committee of those applicants
 3241  approved to receive planning, implementation, or expansion
 3242  grants, the department of Children and Families may transfer
 3243  funds appropriated for the grant program to a selected grant
 3244  recipient any county awarded a grant.
 3245         Section 24. Paragraph (a) of subsection (1) of section
 3246  394.875, Florida Statutes, is amended to read:
 3247         394.875 Crisis stabilization units, residential treatment
 3248  facilities, and residential treatment centers for children and
 3249  adolescents; authorized services; license required.—
 3250         (1)(a) The purpose of a crisis stabilization unit is to
 3251  stabilize and redirect a client to the most appropriate and
 3252  least restrictive community setting available, consistent with
 3253  the client’s needs. Crisis stabilization units may screen,
 3254  assess, and admit for stabilization persons who present
 3255  themselves to the unit and persons who are brought to the unit
 3256  under s. 394.463. Clients may be provided 24-hour observation,
 3257  medication prescribed by a physician or psychiatrist, and other
 3258  appropriate services. Crisis stabilization units shall provide
 3259  services regardless of the client’s ability to pay and shall be
 3260  limited in size to a maximum of 30 beds.
 3261         Section 25. Present subsections (10) and (11) of section
 3262  394.9082, Florida Statutes, are redesignated as subsections (11)
 3263  and (12), respectively, and a new subsection (10) is added to
 3264  that section, to read:
 3265         394.9082 Behavioral health managing entities.—
 3266         (10) CRISIS STABILIZATION SERVICES UTILIZATION DATABASE.
 3267  The department shall develop, implement, and maintain standards
 3268  under which a managing entity shall collect utilization data
 3269  from all public receiving facilities situated within its
 3270  geographic service area. As used in this subsection, the term
 3271  “public receiving facility” means an entity that meets the
 3272  licensure requirements of and is designated by the department to
 3273  operate as a public receiving facility under s. 394.875 and that
 3274  is operating as a licensed crisis stabilization unit.
 3275         (a) The department shall develop standards and protocols
 3276  for managing entities and public receiving facilities to use in
 3277  the collection, storage, transmittal, and analysis of data. The
 3278  standards and protocols must allow for compatibility of data and
 3279  data transmittal between public receiving facilities, managing
 3280  entities, and the department for the implementation and
 3281  requirements of this subsection. The department shall require
 3282  managing entities contracted under this section to comply with
 3283  this subsection by August 1, 2015.
 3284         (b) A managing entity shall require a public receiving
 3285  facility within its provider network to submit data to the
 3286  managing entity, in real time or at least daily, for:
 3287         1. All admissions and discharges of clients receiving
 3288  public receiving facility services who qualify as indigent, as
 3289  defined in s. 394.4787; and
 3290         2. Current active census of total licensed beds, the number
 3291  of beds purchased by the department, the number of clients
 3292  qualifying as indigent occupying those beds, and the total
 3293  number of unoccupied licensed beds regardless of funding.
 3294         (c) A managing entity shall require a public receiving
 3295  facility within its provider network to submit data, on a
 3296  monthly basis, to the managing entity which aggregates the daily
 3297  data submitted under paragraph (b). The managing entity shall
 3298  reconcile the data in the monthly submission to the data
 3299  received by the managing entity under paragraph (b) to check for
 3300  consistency. If the monthly aggregate data submitted by a public
 3301  receiving facility under this paragraph is inconsistent with the
 3302  daily data submitted under paragraph (b), the managing entity
 3303  shall consult with the public receiving facility to make
 3304  corrections as necessary to ensure accurate data.
 3305         (d) A managing entity shall require a public receiving
 3306  facility within its provider network to submit data, on an
 3307  annual basis, to the managing entity which aggregates the data
 3308  submitted and reconciled under paragraph (c). The managing
 3309  entity shall reconcile the data in the annual submission to the
 3310  data received and reconciled by the managing entity under
 3311  paragraph (c) to check for consistency. If the annual aggregate
 3312  data submitted by a public receiving facility under this
 3313  paragraph is inconsistent with the data received and reconciled
 3314  under paragraph (c), the managing entity shall consult with the
 3315  public receiving facility to make corrections as necessary to
 3316  ensure accurate data.
 3317         (e) After ensuring accurate data under paragraphs (c) and
 3318  (d), the managing entity shall submit the data to the department
 3319  on a monthly and an annual basis. The department shall create a
 3320  statewide database for the data described under paragraph (b)
 3321  and submitted under this paragraph for the purpose of analyzing
 3322  the payments for and the use of crisis stabilization services
 3323  funded under the Baker Act on a statewide basis and on an
 3324  individual public receiving facility basis.
 3325         (f) The department shall adopt rules to administer this
 3326  subsection.
 3327         (g) The department shall submit a report by January 31,
 3328  2016, and annually thereafter, to the Governor, the President of
 3329  the Senate, and the Speaker of the House of Representatives
 3330  which provides details on the implementation of this subsection,
 3331  including the status of the data collection process and a
 3332  detailed analysis of the data collected under this subsection.
 3333         Section 26. For the 2015-2016 fiscal year, the sum of
 3334  $175,000 in nonrecurring funds is appropriated from the Alcohol,
 3335  Drug Abuse, and Mental Health Trust Fund to the Department of
 3336  Children and Families to implement this subsection.
 3337         Section 27. The Division of Law Revision and Information is
 3338  directed to rename part IV of chapter 765, Florida Statutes, as
 3339  “Mental Health and Substance Abuse Advance Directives.”
 3340         Section 28. Section 765.4015, Florida Statutes, is created
 3341  to read:
 3342         765.4015 Short title.—Sections 765.4015-765.411 may be
 3343  cited as the “Jennifer Act.”
 3344         Section 29. Section 765.402, Florida Statutes, is created
 3345  to read:
 3346         765.402Legislative findings.
 3347         (1) The Legislature recognizes that an individual with
 3348  capacity has the ability to control decisions relating to his or
 3349  her own mental health care or substance abuse treatment. The
 3350  Legislature finds that:
 3351         (a) Substance abuse and some mental illnesses cause
 3352  individuals to fluctuate between capacity and incapacity;
 3353         (b) During periods when an individual’s capacity is
 3354  unclear, the individual may be unable to provide informed
 3355  consent necessary to access needed treatment;
 3356         (c) Early treatment may prevent an individual from becoming
 3357  so ill that involuntary treatment is necessary; and
 3358         (d) Individuals with substance abuse impairment or mental
 3359  illness need an established procedure to express their
 3360  instructions and preferences for treatment and provide advance
 3361  consent to or refusal of treatment. This procedure should be
 3362  less expensive and less restrictive than guardianship.
 3363         (2) The Legislature further recognizes that:
 3364         (a) A mental health or substance abuse treatment advance
 3365  directive must provide the individual with a full range of
 3366  choices.
 3367         (b) For a mental health or substance abuse directive to be
 3368  an effective tool, individuals must be able to choose how they
 3369  want their directives to be applied, including the right of
 3370  revocation, during periods when they are incompetent to consent
 3371  to treatment.
 3372         (c) There must be a clear process so that treatment
 3373  providers can abide by an individual’s treatment choices.
 3374         Section 30. Section 765.403, Florida Statutes, is created
 3375  to read:
 3376         765.403 Definitions.As used in this part, the term:
 3377         (1) “Adult” means any individual who has attained the age
 3378  of majority or is an emancipated minor.
 3379         (2) “Capacity” means that an adult has not been found to be
 3380  incapacitated pursuant to s. 394.463.
 3381         (3) “Health care facility” means a hospital, nursing home,
 3382  hospice, home health agency, or health maintenance organization
 3383  licensed in this state, or any facility subject to part I of
 3384  chapter 394.
 3385         (4) “Incapacity” or “incompetent” means an adult who is:
 3386         (a)Unable to understand the nature, character, and
 3387  anticipated results of proposed treatment or alternatives or the
 3388  recognized serious possible risks, complications, and
 3389  anticipated benefits of treatments and alternatives, including
 3390  nontreatment;
 3391         (b)Physically or mentally unable to communicate a willful
 3392  and knowing decision about mental health care or substance abuse
 3393  treatment;
 3394         (c)Unable to communicate his or her understanding or
 3395  treatment decisions; or
 3396         (d)Determined incompetent pursuant to s. 394.463.
 3397         (5) “Informed consent” means consent voluntarily given by a
 3398  person after a sufficient explanation and disclosure of the
 3399  subject matter involved to enable that person to have a general
 3400  understanding of the treatment or procedure and the medically
 3401  acceptable alternatives, including the substantial risks and
 3402  hazards inherent in the proposed treatment or procedures or
 3403  nontreatment, and to make knowing mental health care or
 3404  substance abuse treatment decisions without coercion or undue
 3405  influence.
 3406         (6) “Interested person” means, for the purposes of this
 3407  chapter, any person who may reasonably be expected to be
 3408  affected by the outcome of the particular proceeding involved,
 3409  including anyone interested in the welfare of an incapacitated
 3410  person.
 3411         (7) “Mental health or substance abuse treatment advance
 3412  directive” means a written document in which the principal makes
 3413  a declaration of instructions or preferences or appoints a
 3414  surrogate to make decisions on behalf of the principal regarding
 3415  the principal’s mental health or substance abuse treatment, or
 3416  both.
 3417         (8) “Mental health professional” means a psychiatrist,
 3418  psychologist, psychiatric nurse, or social worker, and such
 3419  other mental health professionals licensed pursuant to chapter
 3420  458, chapter 459, chapter 464, chapter 490, or chapter 491.
 3421         (9) “Principal” means a competent adult who executes a
 3422  mental health or substance abuse treatment advance directive and
 3423  on whose behalf mental health care or substance abuse treatment
 3424  decisions are to be made.
 3425         (10) “Surrogate” means any competent adult expressly
 3426  designated by a principal to make mental health care or
 3427  substance abuse treatment decisions on behalf of the principal
 3428  as set forth in the principal’s mental health or substance abuse
 3429  treatment advance directive or self-binding arrangement as those
 3430  terms are defined in this part.
 3431         Section 31. Section 765.405, Florida Statutes, is created
 3432  to read:
 3433         765.405 Mental health or substance abuse treatment advance
 3434  directive; execution; allowable provisions.
 3435         (1) An adult with capacity may execute a mental health or
 3436  substance abuse treatment advance directive.
 3437         (2) A directive executed in accordance with this section is
 3438  presumed to be valid. The inability to honor one or more
 3439  provisions of a directive does not affect the validity of the
 3440  remaining provisions.
 3441         (3) A directive may include any provision relating to
 3442  mental health or substance abuse treatment or the care of the
 3443  principal. Without limitation, a directive may include:
 3444         (a) The principal’s preferences and instructions for mental
 3445  health or substance abuse treatment.
 3446         (b) Consent to specific types of mental health or substance
 3447  abuse treatment.
 3448         (c) Refusal to consent to specific types of mental health
 3449  or substance abuse treatment.
 3450         (d) Descriptions of situations that may cause the principal
 3451  to experience a mental health or substance abuse crisis.
 3452         (e) Suggested alternative responses that may supplement or
 3453  be in lieu of direct mental health or substance abuse treatment,
 3454  such as treatment approaches from other providers.
 3455         (f) The principal’s nomination of a guardian, limited
 3456  guardian, or guardian advocate as provided chapter 744.
 3457         (4) A directive may be combined with or be independent of a
 3458  nomination of a guardian, other durable power of attorney, or
 3459  other advance directive.
 3460         Section 32. Section 765.406, Florida Statutes, is created
 3461  to read:
 3462         765.406 Execution of a mental health or substance abuse
 3463  advance directive; effective date; expiration.
 3464         (1) A directive must:
 3465         (a) Be in writing.
 3466         (b) Contain language that clearly indicates that the
 3467  principal intends to create a directive.
 3468         (c) Be dated and signed by the principal or, if the
 3469  principal is unable to sign, at the principal’s direction in the
 3470  principal’s presence.
 3471         (d) Be witnessed by two adults, each of whom must declare
 3472  that he or she personally knows the principal and was present
 3473  when the principal dated and signed the directive, and that the
 3474  principal did not appear to be incapacitated or acting under
 3475  fraud, undue influence, or duress. The person designated as the
 3476  surrogate may not act as a witness to the execution of the
 3477  document designating the mental health or substance abuse care
 3478  treatment surrogate. At least one person who acts as a witness
 3479  must be neither the principal’s spouse nor his or her blood
 3480  relative.
 3481         (2) A directive is valid upon execution, but all or part of
 3482  the directive may take effect at a later date as designated by
 3483  the principal in the directive.
 3484         (3) A directive may:
 3485         (a) Be revoked, in whole or in part, pursuant to s.
 3486  765.407; or
 3487         (b) Expire under its own terms.
 3488         (4) A directive does not or may not:
 3489         (a) Create an entitlement to mental health, substance
 3490  abuse, or medical treatment or supersede a determination of
 3491  medical necessity.
 3492         (b) Obligate any health care provider, professional person,
 3493  or health care facility to pay the costs associated with the
 3494  treatment requested.
 3495         (c) Obligate a health care provider, professional person,
 3496  or health care facility to be responsible for the nontreatment
 3497  or personal care of the principal or the principal’s personal
 3498  affairs outside the scope of services the facility normally
 3499  provides.
 3500         (d) Replace or supersede any will or testamentary document
 3501  or supersede the provision of intestate succession.
 3502         Section 33. Section 765.407, Florida Statutes, is created
 3503  to read:
 3504         765.407 Revocation; waiver.
 3505         (1) A principal with capacity may, by written statement of
 3506  the principal or at the principal’s direction in the principal’s
 3507  presence, revoke a directive in whole or in part.
 3508         (2) The principal shall provide a copy of his or her
 3509  written statement of revocation to his or her agent, if any, and
 3510  to each health care provider, professional person, or health
 3511  care facility that received a copy of the directive from the
 3512  principal.
 3513         (3) The written statement of revocation is effective as to
 3514  a health care provider, professional person, or health care
 3515  facility upon receipt. The professional person, health care
 3516  provider, or health care facility, or persons acting under their
 3517  direction, shall make the statement of revocation part of the
 3518  principal’s medical record.
 3519         (4) A directive also may:
 3520         (a) Be revoked, in whole or in part, expressly or to the
 3521  extent of any inconsistency, by a subsequent directive; or
 3522         (b) Be superseded or revoked by a court order, including
 3523  any order entered in a criminal matter. The individual’s family,
 3524  the health care facility, the attending physician, or any other
 3525  interested person who may be directly affected by the
 3526  surrogate’s decision concerning any health care may seek
 3527  expedited judicial intervention pursuant to rule 5.900 of the
 3528  Florida Probate Rules, if that person believes:
 3529         1. The surrogate’s decision is not in accord with the
 3530  individual’s known desires;
 3531         2. The advance directive is ambiguous, or the individual
 3532  has changed his or her mind after execution of the advance
 3533  directive;
 3534         3. The surrogate was improperly designated or appointed, or
 3535  the designation of the surrogate is no longer effective or has
 3536  been revoked;
 3537         4. The surrogate has failed to discharge duties, or
 3538  incapacity or illness renders the surrogate incapable of
 3539  discharging duties;
 3540         5. The surrogate has abused powers; or
 3541         6. The individual has sufficient capacity to make his or
 3542  her own health care decisions.
 3543         (5) A directive that would have otherwise expired but is
 3544  effective because the principal is incapacitated remains
 3545  effective until the principal is no longer incapacitated unless
 3546  the principal elected to be able to revoke while incapacitated
 3547  and has revoked the directive.
 3548         (6) When a principal with capacity consents to treatment
 3549  that differs from, or refuses treatment consented to in, his or
 3550  her directive, the consent or refusal constitutes a waiver of a
 3551  particular provision and does not constitute a revocation of the
 3552  provision or the directive unless that principal also revokes
 3553  the provision or directive.
 3554         Section 34. Section 765.410, Florida Statutes, is created
 3555  to read:
 3556         765.410 Immunity from liability; weight of proof;
 3557  presumption.—
 3558         (1) A health care facility, provider, or other person who
 3559  acts under the direction of a health care facility or provider
 3560  is not subject to criminal prosecution or civil liability, and
 3561  may not be deemed to have engaged in unprofessional conduct, as
 3562  a result of carrying out a mental health care or substance abuse
 3563  treatment decision made in accordance with this section. The
 3564  surrogate who makes a mental health care or substance abuse
 3565  treatment decision on a principal’s behalf, pursuant to this
 3566  section, is not subject to criminal prosecution or civil
 3567  liability for such action.
 3568         (2) This section applies unless it is shown by a
 3569  preponderance of the evidence that the person authorizing or
 3570  carrying out a mental health or substance abuse treatment
 3571  decision did not exercise reasonable care or, in good faith,
 3572  comply with ss. 765.402-765.411.
 3573         Section 35. Section 765.411, Florida Statutes, is created
 3574  to read:
 3575         765.411Recognition of mental health and substance abuse
 3576  treatment advance directive executed in another state.—A mental
 3577  health or substance abuse treatment advance directive executed
 3578  in another state in compliance with the law of that state is
 3579  validly executed for the purposes of this chapter.
 3580         Section 36. Subsection (5) of section 910.035, Florida
 3581  Statutes, is amended to read:
 3582         910.035 Transfer from county for plea, and sentence, or
 3583  participation in a problem-solving court.—
 3584         (5) PROBLEM-SOLVING COURTS.—
 3585         (a) As used in this subsection, the term “problem-solving
 3586  court” means a drug court pursuant to s. 948.01, s. 948.06, s.
 3587  948.08, s. 948.16, or s. 948.20; a military veterans and
 3588  servicemembers court pursuant to s. 394.47891, s. 948.08, s.
 3589  948.16, or s. 948.21; a mental health court pursuant to s.
 3590  394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; or a
 3591  delinquency pretrial intervention court program pursuant to s.
 3592  985.345.
 3593         (b) Any person eligible for participation in a problem
 3594  solving drug court shall, upon request by the person or a court,
 3595  treatment program pursuant to s. 948.08(6) may be eligible to
 3596  have the case transferred to a county other than that in which
 3597  the charge arose if the person agrees to the transfer and the
 3598  drug court program agrees and if the following conditions are
 3599  met:
 3600         (a) the authorized representative of the trial drug court
 3601  consults program of the county requesting to transfer the case
 3602  shall consult with the authorized representative of the problem
 3603  solving drug court program in the county to which transfer is
 3604  desired, and both representatives agree to the transfer.
 3605         (c)(b) If all parties agree to the transfer as required by
 3606  paragraph (b), approval for transfer is received from all
 3607  parties, the trial court shall accept a plea of nolo contendere
 3608  and enter a transfer order directing the clerk to transfer the
 3609  case to the county that which has accepted the defendant into
 3610  its problem-solving drug court program.
 3611         (d)1.(c)When transferring a pretrial problem-solving court
 3612  case, the transfer order shall include a copy of the probable
 3613  cause affidavit; any charging documents in the case; all
 3614  reports, witness statements, test results, evidence lists, and
 3615  other documents in the case; the defendant’s mailing address and
 3616  phone number; and the defendant’s written consent to abide by
 3617  the rules and procedures of the receiving county’s problem
 3618  solving drug court program.
 3619         2. When transferring a postadjudicatory problem-solving
 3620  court case, the transfer order shall include a copy of the
 3621  charging documents in the case; the final disposition; all
 3622  reports, test results, and other documents in the case; the
 3623  defendant’s mailing address and telephone number; and the
 3624  defendant’s written consent to abide by the rules and procedures
 3625  of the receiving county’s problem-solving court.
 3626         (e)(d) After the transfer takes place, the clerk shall set
 3627  the matter for a hearing before the problem-solving drug court
 3628  to program judge and the court shall ensure the defendant’s
 3629  entry into the problem-solving drug court program.
 3630         (f)(e) Upon successful completion of the problem-solving
 3631  drug court program, the jurisdiction to which the case has been
 3632  transferred shall dispose of the case pursuant to s. 948.08(6).
 3633  If the defendant does not complete the problem-solving drug
 3634  court program successfully, the jurisdiction to which the case
 3635  has been transferred shall dispose of the case within the
 3636  guidelines of the Criminal Punishment Code.
 3637         Section 37. Subsection (5) of section 916.106, Florida
 3638  Statutes, is amended to read:
 3639         916.106 Definitions.—For the purposes of this chapter, the
 3640  term:
 3641         (5) “Court” means the circuit court and a county court
 3642  ordering the conditional release of a defendant as provided in
 3643  s. 916.17.
 3644         Section 38. Subsection (1) of section 916.17, Florida
 3645  Statutes, is amended to read:
 3646         916.17 Conditional release.—
 3647         (1) Except for an inmate currently serving a prison
 3648  sentence, the committing court may order a conditional release
 3649  of any defendant in lieu of an involuntary commitment to a
 3650  facility pursuant to s. 916.13 or s. 916.15 based upon an
 3651  approved plan for providing appropriate outpatient care and
 3652  treatment. A county court may order the conditional release of a
 3653  defendant for purposes of the provision of outpatient care and
 3654  treatment only. Upon a recommendation that outpatient treatment
 3655  of the defendant is appropriate, a written plan for outpatient
 3656  treatment, including recommendations from qualified
 3657  professionals, must be filed with the court, with copies to all
 3658  parties. Such a plan may also be submitted by the defendant and
 3659  filed with the court with copies to all parties. The plan shall
 3660  include:
 3661         (a) Special provisions for residential care or adequate
 3662  supervision of the defendant.
 3663         (b) Provisions for outpatient mental health services.
 3664         (c) If appropriate, recommendations for auxiliary services
 3665  such as vocational training, educational services, or special
 3666  medical care.
 3667  
 3668         In its order of conditional release, the court shall
 3669  specify the conditions of release based upon the release plan
 3670  and shall direct the appropriate agencies or persons to submit
 3671  periodic reports to the court regarding the defendant’s
 3672  compliance with the conditions of the release and progress in
 3673  treatment, with copies to all parties.
 3674         Section 39. Section 916.185, Florida Statutes, is created
 3675  to read:
 3676         916.185Forensic Hospital Diversion Pilot Program.—
 3677         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 3678  that many jail inmates who have serious mental illnesses and who
 3679  are committed to state forensic mental health treatment
 3680  facilities for restoration of competency to proceed could be
 3681  served more effectively and at less cost in community-based
 3682  alternative programs. The Legislature further finds that many
 3683  individuals who have serious mental illnesses and who have been
 3684  discharged from state forensic mental health treatment
 3685  facilities could avoid recidivism in the criminal justice and
 3686  forensic mental health systems if they received specialized
 3687  treatment in the community. Therefore, it is the intent of the
 3688  Legislature to create the Forensic Hospital Diversion Pilot
 3689  Program to serve individuals who have mental illnesses or co
 3690  occurring mental illnesses and substance use disorders and who
 3691  are admitted to or are at risk of entering state forensic mental
 3692  health treatment facilities, prisons, jails, or state civil
 3693  mental health treatment facilities.
 3694         (2) DEFINITIONS.—As used in this section, the term:
 3695         (a) “Best practices” means treatment services that
 3696  incorporate the most effective and acceptable interventions
 3697  available in the care and treatment of individuals who are
 3698  diagnosed as having mental illnesses or co-occurring mental
 3699  illnesses and substance use disorders.
 3700         (b) “Community forensic system” means the community mental
 3701  health and substance use forensic treatment system, including
 3702  the comprehensive set of services and supports provided to
 3703  individuals involved in or at risk of becoming involved in the
 3704  criminal justice system.
 3705         (c) “Evidence-based practices” means interventions and
 3706  strategies that, based on the best available empirical research,
 3707  demonstrate effective and efficient outcomes in the care and
 3708  treatment of individuals who are diagnosed as having mental
 3709  illnesses or co-occurring mental illnesses and substance use
 3710  disorders.
 3711         (3) CREATION.—There is created a Forensic Hospital
 3712  Diversion Pilot Program to provide, when appropriate,
 3713  competency-restoration and community-reintegration services in
 3714  locked residential treatment facilities, based on considerations
 3715  of public safety, the needs of the individual, and available
 3716  resources.
 3717         (a) The department shall implement a Forensic Hospital
 3718  Diversion Pilot Program in Alachua, Broward, Escambia,
 3719  Hillsborough, and Miami-Dade Counties, in conjunction with the
 3720  Eighth Judicial Circuit, the Seventeenth Judicial Circuit, the
 3721  First Judicial Circuit, the Thirteenth Judicial Circuit, and the
 3722  Eleventh Judicial Circuit, respectively, which shall be modeled
 3723  after the Miami-Dade Forensic Alternative Center, taking into
 3724  account local needs and subject to the availability of local
 3725  resources.
 3726         (b) In creating and implementing the program, the
 3727  department shall include a comprehensive continuum of care and
 3728  services which uses evidence-based practices and best practices
 3729  to treat individuals who have mental health and co-occurring
 3730  substance use disorders.
 3731         (c) The department and the respective judicial circuits
 3732  shall implement this section within available resources. State
 3733  funding may be made available through a specific appropriation.
 3734         (4) ELIGIBILITY.—Participation in the Forensic Hospital
 3735  Diversion Pilot Program is limited to individuals who:
 3736         (a) Are 18 years of age or older;
 3737         (b) Are charged with a felony of the second degree or a
 3738  felony of the third degree;
 3739         (c) Do not have a significant history of violent criminal
 3740  offenses;
 3741         (d) Have been adjudicated incompetent to proceed to trial
 3742  or not guilty by reason of insanity under this part;
 3743         (e) Meet public safety and treatment criteria established
 3744  by the department for placement in a community setting; and
 3745         (f) Would be admitted to a state mental health treatment
 3746  facility if not for the availability of the Forensic Hospital
 3747  Diversion Pilot Program.
 3748         (5) TRAINING.—The Legislature encourages the Florida
 3749  Supreme Court, in consultation and cooperation with the Task
 3750  Force on Substance Abuse and Mental Health Issues in the Courts,
 3751  to develop educational training on the community forensic system
 3752  for judges in the pilot program areas.
 3753         (6) RULEMAKING.—The department may adopt rules to
 3754  administer this section.
 3755         (7) REPORT.—The Office of Program Policy Analysis and
 3756  Government Accountability shall review and evaluate the Forensic
 3757  Hospital Diversion Pilot Program and submit a report to the
 3758  Governor, the President of the Senate, and the Speaker of the
 3759  House of Representatives by December 31, 2016. The report shall
 3760  examine the efficiency and cost-effectiveness of providing
 3761  forensic mental health services in secure, outpatient,
 3762  community-based settings. In addition, the report shall examine
 3763  the impact of the Forensic Hospital Diversion Pilot Program on
 3764  public health and safety.
 3765         Section 40. Section 944.805, Florida Statutes, is created
 3766  to read:
 3767         944.805Nonviolent offender reentry program.—
 3768         (1) As used in this section, the term:
 3769         (a) “Department” means the Department of Corrections.
 3770         (b) “Nonviolent offender” means an offender whose primary
 3771  offense is a felony of the third degree, who is not the subject
 3772  of a domestic violence injunction currently in force, and who
 3773  has never been convicted of:
 3774         1. A forcible felony as defined in s. 776.08;
 3775         2. An offense specified in s. 775.082(9)(a)1.r., regardless
 3776  of prior incarceration or release;
 3777         3. An offense described in chapter 847;
 3778         4. An offense under chapter 827;
 3779         5. Any offense specified in s. 784.07, s. 784.074, s.
 3780  784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085;
 3781         6. Any offense involving the possession or use of a
 3782  firearm;
 3783         7. A capital felony or a felony of the first or second
 3784  degree;
 3785         8. Any offense that requires a person to register as a
 3786  sexual offender pursuant to s. 943.0435.
 3787         (2)(a) The department shall develop and administer a
 3788  reentry program for nonviolent offenders. The reentry program
 3789  must include prison-based substance abuse treatment, general
 3790  education development and adult basic education courses,
 3791  vocational training, training in decisionmaking and personal
 3792  development, and other rehabilitation programs.
 3793         (b) The reentry program is intended to divert nonviolent
 3794  offenders from long periods of incarceration when a reduced
 3795  period of incarceration supplemented by participation in
 3796  intensive substance abuse treatment and rehabilitative
 3797  programming could produce the same deterrent effect, protect the
 3798  public, rehabilitate the offender, and reduce recidivism.
 3799         (c) The nonviolent offender must serve at least 6 months in
 3800  the reentry program. The offender may not count any portion of
 3801  his or her sentence served before placement in the reentry
 3802  program as progress toward program completion.
 3803         (d) A reentry program may be operated in a secure area in
 3804  or adjacent to a correctional institution.
 3805         (3) The department shall screen offenders committed to the
 3806  department for eligibility to participate in the reentry program
 3807  using the criteria in this section. To be eligible, an offender
 3808  must be a nonviolent offender, must have served at least one
 3809  half of his or her original sentence, and must have been
 3810  identified as needing substance abuse treatment.
 3811         (4) In addition, the department must consider the following
 3812  factors when selecting participants for the reentry program:
 3813         (a) The offender’s history of disciplinary reports.
 3814         (b) The offender’s criminal history.
 3815         (c) The severity of the offender’s addiction.
 3816         (d) The offender’s history of criminal behavior related to
 3817  substance abuse.
 3818         (e) Whether the offender has participated or requested to
 3819  participate in any general educational development certificate
 3820  program or other educational, technical, work, vocational, or
 3821  self-rehabilitation program.
 3822         (f) The results of any risk assessment of the offender.
 3823         (g) The outcome of all past participation of the offender
 3824  in substance abuse treatment programs.
 3825         (h) The possible rehabilitative benefits that substance
 3826  abuse treatment, educational programming, vocational training,
 3827  and other rehabilitative programming might have on the offender.
 3828         (i) The likelihood that the offender’s participation in the
 3829  program will produce the same deterrent effect, protect the
 3830  public, save taxpayer dollars, and prevent or delay recidivism
 3831  to an equal or greater extent than completion of the sentence
 3832  previously imposed.
 3833         (5)(a) If an offender volunteers to participate in the
 3834  reentry program, meets the eligibility criteria, and is selected
 3835  by the department based on the considerations in subsection (4)
 3836  and if space is available in the reentry program, the department
 3837  may request the sentencing court to approve the offender’s
 3838  participation in the reentry program. The request must be made
 3839  in writing, must include a brief summation of the department’s
 3840  evaluation under subsection (4), and must identify the documents
 3841  or other information upon which the evaluation is based. The
 3842  request and all accompanying documents may be delivered to the
 3843  sentencing court electronically.
 3844         (b)1. The department shall notify the state attorney that
 3845  the offender is being considered for placement in the reentry
 3846  program. The notice must include a copy of all documents
 3847  provided with the request to the court. The notice and all
 3848  accompanying documents may be delivered to the state attorney
 3849  electronically and may take the form of a copy of an electronic
 3850  delivery made to the sentencing court.
 3851         2. The notice must also state that the state attorney may
 3852  notify the sentencing court in writing of any objection he or
 3853  she may have to placement of the nonviolent offender in the
 3854  reentry program. Such notification must be made within 15 days
 3855  after receipt of the notice by the state attorney from the
 3856  department. Regardless of whether an objection is raised, the
 3857  state attorney may provide the sentencing court with any
 3858  information supplemental or contrary to the information provided
 3859  by the department which may assist the court in its
 3860  determination.
 3861         (c) In determining whether to approve a nonviolent offender
 3862  for participation in the reentry program, the sentencing court
 3863  may consider any facts that the court considers relevant,
 3864  including, but not limited to, the criteria listed in subsection
 3865  (4); the original sentencing report and any evidence admitted in
 3866  a previous sentencing proceeding; the offender’s record of
 3867  arrests without conviction for crimes; any other evidence of
 3868  allegations of unlawful conduct or the use of violence by the
 3869  offender; the offender’s family ties, length of residence in the
 3870  community, employment history, and mental condition; the
 3871  likelihood that participation in the program will produce the
 3872  same deterrent effect, rehabilitate the offender, and prevent or
 3873  delay recidivism to an equal or greater extent than completion
 3874  of the sentence previously imposed; and the likelihood that the
 3875  offender will engage again in criminal conduct.
 3876         (d) The sentencing court shall notify the department in
 3877  writing of the court’s decision to approve or disapprove the
 3878  requested placement of the nonviolent offender no later than 30
 3879  days after the court receives the department’s request to place
 3880  the offender in the reentry program. If the court approves the
 3881  placement, the notification must list the factors upon which the
 3882  court relied in making its determination.
 3883         (6) After the nonviolent offender is admitted to the
 3884  reentry program, he or she shall undergo a complete substance
 3885  abuse assessment to determine his or her substance abuse
 3886  treatment needs. The offender shall also receive an educational
 3887  assessment, which must be accomplished using the Test of Adult
 3888  Basic Education or any other testing instrument approved by the
 3889  Department of Education. Each offender who has not obtained a
 3890  high school diploma shall be enrolled in an adult education
 3891  program designed to aid the offender in improving his or her
 3892  academic skills and earning a high school diploma. Additional
 3893  assessments of the offender’s vocational skills and future
 3894  career education shall be provided to the offender as needed. A
 3895  periodic reevaluation shall be made to assess the progress of
 3896  each offender.
 3897         (7)(a) If a nonviolent offender in the reentry program
 3898  becomes unmanageable, the department may revoke the offender’s
 3899  gain-time and place the offender in disciplinary confinement in
 3900  accordance with department rule. Except as provided in paragraph
 3901  (b), the offender shall be readmitted to the reentry program
 3902  after completing the ordered discipline. Any period during which
 3903  the offender cannot participate in the reentry program must be
 3904  excluded from the specified time requirements in the reentry
 3905  program.
 3906         (b) The department may terminate an offender from the
 3907  reentry program if:
 3908         1. The offender commits or threatens to commit a violent
 3909  act;
 3910         2. The department determines that the offender cannot
 3911  participate in the reentry program because of the offender’s
 3912  medical condition;
 3913         3. The offender’s sentence is modified or expires;
 3914         4. The department reassigns the offender’s classification
 3915  status; or
 3916         5. The department determines that removing the offender
 3917  from the reentry program is in the best interest of the offender
 3918  or the security of the reentry program facility.
 3919         (8)(a) The department shall submit a report to the
 3920  sentencing court at least 30 days before the nonviolent offender
 3921  is scheduled to complete the reentry program. The report must
 3922  describe the offender’s performance in the reentry program and
 3923  certify whether the performance is satisfactory. The court may
 3924  schedule a hearing to consider any modification to the imposed
 3925  sentence. Notwithstanding the eligibility criteria contained in
 3926  s. 948.20, if the offender’s performance is satisfactory to the
 3927  department and the court, the court shall issue an order
 3928  modifying the sentence imposed and placing the offender on drug
 3929  offender probation, as described in s. 948.20(2), subject to the
 3930  department’s certification of the offender’s successful
 3931  completion of the remainder of the reentry program. The term of
 3932  drug offender probation must not be less than the remaining time
 3933  the offender would have served in prison had he or she not
 3934  participated in the program. A condition of drug offender
 3935  probation may include electronic monitoring or placement in a
 3936  community residential or nonresidential licensed substance abuse
 3937  treatment facility under the jurisdiction of the department or
 3938  the Department of Children and Families or any public or private
 3939  entity providing such services. The order must include findings
 3940  that the offender’s performance is satisfactory, that the
 3941  requirements for resentencing under this section are satisfied,
 3942  and that public safety will not be compromised. If the
 3943  nonviolent offender violates the conditions of drug offender
 3944  probation, the court may revoke probation and impose any
 3945  sentence that it might have originally imposed. An offender may
 3946  not be released from the custody of the department under this
 3947  section except pursuant to a judicial order modifying his or her
 3948  sentence.
 3949         (b) If an offender released pursuant to paragraph (a)
 3950  intends to reside in a county that has established a
 3951  postadjudicatory drug court program as described in s. 397.334,
 3952  the sentencing court may require the offender to successfully
 3953  complete the postadjudicatory drug court program as a condition
 3954  of drug offender probation. The original sentencing court shall
 3955  relinquish jurisdiction of the offender’s case to the
 3956  postadjudicatory drug court program until the offender is no
 3957  longer active in the program, the case is returned to the
 3958  sentencing court due to the offender’s termination from the
 3959  program for failure to comply with the terms of the program, or
 3960  the offender’s sentence is completed. An offender who is
 3961  transferred to a postadjudicatory drug court program shall
 3962  comply with all conditions and orders of the program.
 3963         (9) The department shall implement the reentry program to
 3964  the fullest extent feasible within available resources.
 3965         (10) The department may enter into performance-based
 3966  contracts with qualified individuals, agencies, or corporations
 3967  for the provision of any or all of the services for the reentry
 3968  program. However, an offender may not be released from the
 3969  custody of the department under this section except pursuant to
 3970  a judicial order modifying a sentence.
 3971         (11) A nonviolent offender in the reentry program is
 3972  subject to rules of conduct established by the department and
 3973  may have sanctions imposed, including loss of privileges,
 3974  restrictions, disciplinary confinement, alteration of release
 3975  plans, or other program modifications in keeping with the nature
 3976  and gravity of the program violation. Administrative or
 3977  protective confinement, as necessary, may be imposed.
 3978         (12) This section does not create or confer any right to
 3979  any offender to placement in the reentry program or any right to
 3980  placement or early release under supervision of any type. An
 3981  inmate does not have a cause of action under this section
 3982  against the department, a court, or the state attorney related
 3983  to the reentry program.
 3984         (13) The department may establish a system of incentives
 3985  within the reentry program which the department may use to
 3986  promote participation in rehabilitative programs and the orderly
 3987  operation of institutions and facilities.
 3988         (14) The department shall develop a system for tracking
 3989  recidivism, including, but not limited to, rearrests and
 3990  recommitment of nonviolent offenders who successfully complete
 3991  the reentry program, and shall report the recidivism rate in the
 3992  annual report required under this section.
 3993         (15) The department shall submit an annual report to the
 3994  Governor, the President of the Senate, and the Speaker of the
 3995  House of Representatives detailing the extent of implementation
 3996  of the reentry program and the number of participants who are
 3997  selected by the department, the number of participants who are
 3998  approved by the court, and the number of participants who
 3999  successfully complete the program. The report must include a
 4000  reasonable estimate or description of the additional public
 4001  costs incurred and any public funds saved with respect to each
 4002  participant, a brief description of each sentence modification,
 4003  and a brief description of the subsequent criminal history, if
 4004  any, of each participant following any modification of sentence
 4005  under this section. The report must also include future goals
 4006  and any recommendations that the department has for future
 4007  legislative action.
 4008         (16) The department shall adopt rules as necessary to
 4009  administer the reentry program.
 4010         (17) Nothing in this section is severable from the
 4011  remaining provisions of this section. If any subsection of this
 4012  section is determined by any state or federal court to be not
 4013  fully enforceable, this section shall stand repealed in its
 4014  entirety.
 4015         Section 41. Subsection (8) is added to section 948.01,
 4016  Florida Statutes, to read:
 4017         948.01 When court may place defendant on probation or into
 4018  community control.—
 4019         (8)(a) Notwithstanding s. 921.0024 and effective for
 4020  offenses committed on or after July 1, 2015, the sentencing
 4021  court may place the defendant into a postadjudicatory treatment
 4022  based mental health court program if the offense is a nonviolent
 4023  felony, the defendant is amenable to mental health treatment,
 4024  including taking prescribed medications, and the defendant is
 4025  otherwise qualified under s. 394.47892(4). The satisfactory
 4026  completion of the program must be a condition of the defendant’s
 4027  probation or community control. As used in this subsection, the
 4028  term “nonviolent felony” means a third degree felony violation
 4029  under chapter 810 or any other felony offense that is not a
 4030  forcible felony as defined in s. 776.08.
 4031         (b) The defendant must be fully advised of the purpose of
 4032  the program and the defendant must agree to enter the program.
 4033  The original sentencing court shall relinquish jurisdiction of
 4034  the defendant’s case to the postadjudicatory treatment-based
 4035  mental health court program until the defendant is no longer
 4036  active in the program, the case is returned to the sentencing
 4037  court due to the defendant’s termination from the program for
 4038  failure to comply with the terms thereof, or the defendant’s
 4039  sentence is completed.
 4040         (c) The Department of Corrections may establish designated
 4041  mental health probation officers to support individuals under
 4042  supervision of the mental health court.
 4043         Section 42. Paragraph (j) is added to subsection (2) of
 4044  section 948.06, Florida Statutes, to read:
 4045         948.06 Violation of probation or community control;
 4046  revocation; modification; continuance; failure to pay
 4047  restitution or cost of supervision.—
 4048         (2)
 4049         (j)1. Notwithstanding s. 921.0024 and effective for
 4050  offenses committed on or after July 1, 2015, the court may order
 4051  the offender to successfully complete a postadjudicatory
 4052  treatment-based mental health court program under s. 394.47892
 4053  or a military veterans and servicemembers court program under s.
 4054  394.47891 if:
 4055         a. The court finds or the offender admits that the offender
 4056  has violated his or her community control or probation.
 4057         b. The underlying offense is a nonviolent felony. As used
 4058  in this subsection, the term “nonviolent felony” means a third
 4059  degree felony violation under chapter 810 or any other felony
 4060  offense that is not a forcible felony as defined in s. 776.08.
 4061         c. The court determines that the offender is amenable to
 4062  the services of a postadjudicatory treatment-based mental health
 4063  court program, including taking prescribed medications, or a
 4064  military veterans and servicemembers court program.
 4065         d. The court explains the purpose of the program to the
 4066  offender and the offender agrees to participate.
 4067         e. The offender is otherwise qualified to participate in a
 4068  postadjudicatory treatment-based mental health court program
 4069  under s. 394.47892(4) or a military veterans and servicemembers
 4070  court program under s. 394.47891.
 4071         2. After the court orders the modification of community
 4072  control or probation, the original sentencing court shall
 4073  relinquish jurisdiction of the offender’s case to the
 4074  postadjudicatory treatment-based mental health court program
 4075  until the offender is no longer active in the program, the case
 4076  is returned to the sentencing court due to the offender’s
 4077  termination from the program for failure to comply with the
 4078  terms thereof, or the offender’s sentence is completed.
 4079         Section 43. Paragraph (a) of subsection (7) of section
 4080  948.08, Florida Statutes, is amended, present subsection (8) of
 4081  that section is redesignated as subsection (9), and a new
 4082  subsection (8) is added to that section, to read:
 4083         948.08 Pretrial intervention program.—
 4084         (7)(a) Notwithstanding any provision of this section, a
 4085  person who is charged with a felony, other than a felony listed
 4086  in s. 948.06(8)(c), and identified as a veteran, as defined in
 4087  s. 1.01, including veterans who were discharged or released
 4088  under a general discharge, or servicemember, as defined in s.
 4089  250.01, who suffers from a military service-related mental
 4090  illness, traumatic brain injury, substance abuse disorder, or
 4091  psychological problem, is eligible for voluntary admission into
 4092  a pretrial veterans’ treatment intervention program approved by
 4093  the chief judge of the circuit, upon motion of either party or
 4094  the court’s own motion, except:
 4095         1. If a defendant was previously offered admission to a
 4096  pretrial veterans’ treatment intervention program at any time
 4097  before trial and the defendant rejected that offer on the
 4098  record, the court may deny the defendant’s admission to such a
 4099  program.
 4100         2. If a defendant previously entered a court-ordered
 4101  veterans’ treatment program, the court may deny the defendant’s
 4102  admission into the pretrial veterans’ treatment program.
 4103         (8)(a) Notwithstanding any provision of this section, a
 4104  defendant identified as having a mental illness who has not been
 4105  convicted of a felony and is charged with a nonviolent felony
 4106  that includes a third degree felony violation of chapter 810 or
 4107  any other felony offense that is not a forcible felony as
 4108  defined in s. 776.08 is eligible for voluntary admission into a
 4109  pretrial mental health court program, established pursuant to s.
 4110  394.47892 and approved by the chief judge of the circuit, for a
 4111  period to be determined by the risk and needs assessment of the
 4112  defendant, upon motion of either party or the court’s own
 4113  motion.
 4114         (b) At the end of the pretrial intervention period, the
 4115  court shall consider the recommendation of the treatment
 4116  provider and the recommendation of the state attorney as to
 4117  disposition of the pending charges. The court shall determine,
 4118  by written finding, whether the defendant has successfully
 4119  completed the pretrial intervention program. If the court finds
 4120  that the defendant has not successfully completed the pretrial
 4121  intervention program, the court may order the person to continue
 4122  in education and treatment, which may include a mental health
 4123  program offered by a licensed service provider, as defined in s.
 4124  394.455, or order that the charges revert to normal channels for
 4125  prosecution. The court shall dismiss the charges upon a finding
 4126  that the defendant has successfully completed the pretrial
 4127  intervention program.
 4128         Section 44. Paragraph (a) of subsection (2) and present
 4129  subsection (4) of section 948.16, Florida Statutes, are amended,
 4130  present subsections (3) and (4) of that section are redesignated
 4131  as subsections (4) and (5), respectively, and a new subsection
 4132  (3) is added to that section, to read:
 4133         948.16 Misdemeanor pretrial substance abuse education and
 4134  treatment intervention program; misdemeanor pretrial veterans’
 4135  treatment intervention program; misdemeanor pretrial mental
 4136  health court program.—
 4137         (2)(a) A veteran, as defined in s. 1.01, including veterans
 4138  who were discharged or released under a general discharge, or
 4139  servicemember, as defined in s. 250.01, who suffers from a
 4140  military service-related mental illness, traumatic brain injury,
 4141  substance abuse disorder, or psychological problem, and who is
 4142  charged with a misdemeanor is eligible for voluntary admission
 4143  into a misdemeanor pretrial veterans’ treatment intervention
 4144  program approved by the chief judge of the circuit, for a period
 4145  based on the program’s requirements and the treatment plan for
 4146  the offender, upon motion of either party or the court’s own
 4147  motion. However, the court may deny the defendant admission into
 4148  a misdemeanor pretrial veterans’ treatment intervention program
 4149  if the defendant has previously entered a court-ordered
 4150  veterans’ treatment program.
 4151         (3) A defendant who is charged with a misdemeanor and
 4152  identified as having a mental illness is eligible for voluntary
 4153  admission into a misdemeanor pretrial mental health court
 4154  program established pursuant to s. 394.47892, approved by the
 4155  chief judge of the circuit, for a period to be determined by the
 4156  risk and needs assessment of the defendant, upon motion of
 4157  either party or the court’s own motion.
 4158         (5)(4) Any public or private entity providing a pretrial
 4159  substance abuse education and treatment program or mental health
 4160  program under this section shall contract with the county or
 4161  appropriate governmental entity. The terms of the contract shall
 4162  include, but not be limited to, the requirements established for
 4163  private entities under s. 948.15(3). This requirement does not
 4164  apply to services provided by the Department of Veterans’
 4165  Affairs or the United States Department of Veterans Affairs.
 4166         Section 45. Section 948.21, Florida Statutes, is amended to
 4167  read:
 4168         948.21 Condition of probation or community control;
 4169  military servicemembers and veterans.—
 4170         (1) Effective for a probationer or community controllee
 4171  whose crime was committed on or after July 1, 2012, and who is a
 4172  veteran, as defined in s. 1.01, or servicemember, as defined in
 4173  s. 250.01, who suffers from a military service-related mental
 4174  illness, traumatic brain injury, substance abuse disorder, or
 4175  psychological problem, the court may, in addition to any other
 4176  conditions imposed, impose a condition requiring the probationer
 4177  or community controllee to participate in a treatment program
 4178  capable of treating the probationer or community controllee’s
 4179  mental illness, traumatic brain injury, substance abuse
 4180  disorder, or psychological problem.
 4181         (2) Effective for a probationer or community controllee
 4182  whose crime is committed on or after July 1, 2015, and who is a
 4183  veteran, as defined in s. 1.01, including veterans who were
 4184  discharged or released under a general discharge, or
 4185  servicemember, as defined in s. 250.01, who suffers from a
 4186  military service-related mental illness, traumatic brain injury,
 4187  substance abuse disorder, or psychological problem, the court
 4188  may, in addition to any other conditions imposed, impose a
 4189  condition requiring the probationer or community controllee to
 4190  participate in a treatment program capable of treating the
 4191  probationer or community controllee’s mental illness, traumatic
 4192  brain injury, substance abuse disorder, or psychological
 4193  problem.
 4194         (3) The court shall give preference to treatment programs
 4195  for which the probationer or community controllee is eligible
 4196  through the United States Department of Veterans Affairs or the
 4197  Florida Department of Veterans’ Affairs. The Department of
 4198  Corrections is not required to spend state funds to implement
 4199  this section.
 4200         Section 46. Present subsection (4) of section 985.345,
 4201  Florida Statutes, is redesignated as subsection (7) and amended,
 4202  and new subsections (4), (5), and (6) are added to that section,
 4203  to read:
 4204         985.345 Delinquency pretrial intervention program.—
 4205         (4) Notwithstanding any other provision of law, a child is
 4206  eligible for voluntary admission into a delinquency pretrial
 4207  mental health court program, established pursuant to s.
 4208  394.47892, approved by the chief judge of the circuit, for a
 4209  period based on the program requirements and the treatment
 4210  services that are suitable for the child, upon motion of either
 4211  party or the court’s own motion if the child is charged with:
 4212         (a) A misdemeanor; or
 4213         (b) A nonviolent felony; for purposes of this subsection,
 4214  the term “nonviolent felony” means a third degree felony
 4215  violation of chapter 810 or any other felony offense that is not
 4216  a forcible felony as defined in s. 776.08, and the child is
 4217  identified as having a mental illness and has not been
 4218  previously adjudicated for a felony.
 4219         (5) At the end of the delinquency pretrial intervention
 4220  period, the court shall consider the recommendation of the state
 4221  attorney and the program administrator as to disposition of the
 4222  pending charges. The court shall determine, by written finding,
 4223  whether the child has successfully completed the delinquency
 4224  pretrial intervention program. If the court finds that the child
 4225  has not successfully completed the delinquency pretrial
 4226  intervention program, the court may order the child to continue
 4227  in an education, treatment, or monitoring program if resources
 4228  and funding are available or order that the charges revert to
 4229  normal channels for prosecution. The court may dismiss the
 4230  charges upon a finding that the child has successfully completed
 4231  the delinquency pretrial intervention program.
 4232         (6) A child whose charges are dismissed after successful
 4233  completion of the mental health court program, if otherwise
 4234  eligible, may have his or her arrest record and plea of nolo
 4235  contendere to the dismissed charges expunged under s. 943.0585.
 4236         (7)(4) Any entity, whether public or private, providing
 4237  pretrial substance abuse education, treatment intervention, and
 4238  a urine monitoring program, or a mental health program under
 4239  this section must contract with the county or appropriate
 4240  governmental entity, and the terms of the contract must include,
 4241  but need not be limited to, the requirements established for
 4242  private entities under s. 948.15(3). It is the intent of the
 4243  Legislature that public or private entities providing substance
 4244  abuse education and treatment intervention programs involve the
 4245  active participation of parents, schools, churches, businesses,
 4246  law enforcement agencies, and the department or its contract
 4247  providers.
 4248         Section 47. Paragraph (l) is added to subsection (3) of
 4249  section 1002.20, Florida Statutes, to read:
 4250         1002.20 K-12 student and parent rights.—Parents of public
 4251  school students must receive accurate and timely information
 4252  regarding their child’s academic progress and must be informed
 4253  of ways they can help their child to succeed in school. K-12
 4254  students and their parents are afforded numerous statutory
 4255  rights including, but not limited to, the following:
 4256         (3) HEALTH ISSUES.—
 4257         (l) Notification of involuntary examinations.—The public
 4258  school principal or the principal’s designee shall immediately
 4259  notify the parent of a student who is removed from school,
 4260  school transportation, or a school-sponsored activity and taken
 4261  to a receiving facility for an involuntary examination pursuant
 4262  to s. 394.463. The principal or the principal’s designee may
 4263  delay notification for no more than 24 hours after the student
 4264  is removed from school if the principal or designee deems the
 4265  delay to be in the student’s best interest and if a report has
 4266  been submitted to the central abuse hotline, pursuant to s.
 4267  39.201, based upon knowledge or suspicion of abuse, abandonment,
 4268  or neglect. Each district school board shall develop a policy
 4269  and procedures for notification under this paragraph.
 4270         Section 48. Paragraph (q) is added to subsection (9) of
 4271  section 1002.33, Florida Statutes, to read:
 4272         1002.33 Charter schools.—
 4273         (9) CHARTER SCHOOL REQUIREMENTS.—
 4274         (q) The charter school principal or the principal’s
 4275  designee shall immediately notify the parent of a student who is
 4276  removed from school, school transportation, or a school
 4277  sponsored activity and taken to a receiving facility for an
 4278  involuntary examination pursuant to s. 394.463. The principal or
 4279  the principal’s designee may delay notification for no more than
 4280  24 hours after the student is removed from school if the
 4281  principal or designee deems the delay to be in the student’s
 4282  best interest and if a report has been submitted to the central
 4283  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 4284  suspicion of abuse, abandonment, or neglect. Each charter school
 4285  governing board shall develop a policy and procedures for
 4286  notification under this paragraph.
 4287         Section 49. Effective July 1, 2016, paragraph (a) of
 4288  subsection (3) of section 39.407, Florida Statutes, is amended
 4289  to read:
 4290         39.407 Medical, psychiatric, and psychological examination
 4291  and treatment of child; physical, mental, or substance abuse
 4292  examination of person with or requesting child custody.—
 4293         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 4294  or paragraph (e), before the department provides psychotropic
 4295  medications to a child in its custody, the prescribing physician
 4296  shall attempt to obtain express and informed consent, as defined
 4297  in s. 394.455(13) s. 394.455(9) and as described in s.
 4298  394.459(4)(a) s. 394.459(3)(a), from the child’s parent or legal
 4299  guardian. The department must take steps necessary to facilitate
 4300  the inclusion of the parent in the child’s consultation with the
 4301  physician. However, if the parental rights of the parent have
 4302  been terminated, the parent’s location or identity is unknown or
 4303  cannot reasonably be ascertained, or the parent declines to give
 4304  express and informed consent, the department may, after
 4305  consultation with the prescribing physician, seek court
 4306  authorization to provide the psychotropic medications to the
 4307  child. Unless parental rights have been terminated and if it is
 4308  possible to do so, the department shall continue to involve the
 4309  parent in the decisionmaking process regarding the provision of
 4310  psychotropic medications. If, at any time, a parent whose
 4311  parental rights have not been terminated provides express and
 4312  informed consent to the provision of a psychotropic medication,
 4313  the requirements of this section that the department seek court
 4314  authorization do not apply to that medication until such time as
 4315  the parent no longer consents.
 4316         2. Any time the department seeks a medical evaluation to
 4317  determine the need to initiate or continue a psychotropic
 4318  medication for a child, the department must provide to the
 4319  evaluating physician all pertinent medical information known to
 4320  the department concerning that child.
 4321         Section 50. Effective July 1, 2016, subsection (2) of
 4322  section 394.4612, Florida Statutes, is amended to read:
 4323         394.4612 Integrated adult mental health crisis
 4324  stabilization and addictions receiving facilities.—
 4325         (2) An integrated mental health crisis stabilization unit
 4326  and addictions receiving facility may provide services under
 4327  this section to adults who are 18 years of age or older and who
 4328  fall into one or more of the following categories:
 4329         (a) An adult meeting the requirements for voluntary
 4330  admission for mental health treatment under s. 394.4625.
 4331         (b) An adult meeting the criteria for involuntary
 4332  examination for mental illness under s. 394.463.
 4333         (c) An adult qualifying for voluntary admission for
 4334  substance abuse treatment under s. 394.4625 s. 397.601.
 4335         (d) An adult meeting the criteria for involuntary admission
 4336  for substance abuse impairment under s. 394.463 s. 397.675.
 4337         Section 51. Effective July 1, 2016, paragraphs (a) and (c)
 4338  of subsection (3) of section 394.495, Florida Statutes, are
 4339  amended to read:
 4340         394.495 Child and adolescent mental health system of care;
 4341  programs and services.—
 4342         (3) Assessments must be performed by:
 4343         (a) A professional as defined in s. 394.455(6), (31), (34),
 4344  (35), or (36) s. 394.455(2), (4), (21), (23), or (24);
 4345         (c) A person who is under the direct supervision of a
 4346  professional as defined in s. 394.455(6), (31), (34), (35), or
 4347  (36) s. 394.455(2), (4), (21), (23), or (24) or a professional
 4348  licensed under chapter 491.
 4349  
 4350         The department shall adopt by rule statewide standards for
 4351  mental health assessments, which must be based on current
 4352  relevant professional and accreditation standards.
 4353         Section 52. Effective July 1, 2016, subsection (6) of
 4354  section 394.496, Florida Statutes, is amended to read:
 4355         394.496 Service planning.—
 4356         (6) A professional as defined in s. 394.455(6), (31), (34),
 4357  (35), or (36) s. 394.455(2), (4), (21), (23), or (24) or a
 4358  professional licensed under chapter 491 must be included among
 4359  those persons developing the services plan.
 4360         Section 53. Effective July 1, 2016, subsection (2) of
 4361  section 394.499, Florida Statutes, is amended to read:
 4362         394.499 Integrated children’s crisis stabilization
 4363  unit/juvenile addictions receiving facility services.—
 4364         (2) Children eligible to receive integrated children’s
 4365  crisis stabilization unit/juvenile addictions receiving facility
 4366  services include:
 4367         (a) A person under 18 years of age for whom voluntary
 4368  application is made by his or her guardian, if such person is
 4369  found to show evidence of mental illness and to be suitable for
 4370  treatment pursuant to s. 394.4625. A person under 18 years of
 4371  age may be admitted for integrated facility services only after
 4372  a hearing to verify that the consent to admission is voluntary.
 4373         (b) A person under 18 years of age who may be taken to a
 4374  receiving facility for involuntary examination, if there is
 4375  reason to believe that he or she is mentally ill and because of
 4376  his or her mental illness, pursuant to s. 394.463:
 4377         1. Has refused voluntary examination after conscientious
 4378  explanation and disclosure of the purpose of the examination; or
 4379         2. Is unable to determine for himself or herself whether
 4380  examination is necessary; and
 4381         a. Without care or treatment is likely to suffer from
 4382  neglect or refuse to care for himself or herself; such neglect
 4383  or refusal poses a real and present threat of substantial harm
 4384  to his or her well-being; and it is not apparent that such harm
 4385  may be avoided through the help of willing family members or
 4386  friends or the provision of other services; or
 4387         b. There is a substantial likelihood that without care or
 4388  treatment he or she will cause serious bodily harm to himself or
 4389  herself or others in the near future, as evidenced by recent
 4390  behavior.
 4391         (c) A person under 18 years of age who wishes to enter
 4392  treatment for substance abuse and applies to a service provider
 4393  for voluntary admission, pursuant to s. 394.4625(1)(a) s.
 4394  397.601.
 4395         (d) A person under 18 years of age who meets the criteria
 4396  for involuntary admission because there is good faith reason to
 4397  believe the person is substance abuse impaired pursuant to s.
 4398  397.675 and, because of such impairment:
 4399         1. Has lost the power of self-control with respect to
 4400  substance use; and
 4401         2.a. Has inflicted, or threatened or attempted to inflict,
 4402  or unless admitted is likely to inflict, physical harm on
 4403  himself or herself or another; or
 4404         b. Is in need of substance abuse services and, by reason of
 4405  substance abuse impairment, his or her judgment has been so
 4406  impaired that the person is incapable of appreciating his or her
 4407  need for such services and of making a rational decision in
 4408  regard thereto; however, mere refusal to receive such services
 4409  does not constitute evidence of lack of judgment with respect to
 4410  his or her need for such services.
 4411         (d)(e) A person under 18 years of age who meets the
 4412  criteria for examination or admission under paragraph (b) or
 4413  paragraph (d) and has a coexisting mental health and substance
 4414  abuse disorder.
 4415         Section 54. Effective July 1, 2016, subsection (18) of
 4416  section 394.67, Florida Statutes, is amended to read:
 4417         394.67 Definitions.—As used in this part, the term:
 4418         (18) “Person who is experiencing an acute substance abuse
 4419  crisis” means a child, adolescent, or adult who is experiencing
 4420  a medical or emotional crisis because of the use of alcoholic
 4421  beverages or any psychoactive or mood-altering substance. The
 4422  term includes an individual who meets the criteria for
 4423  involuntary admission specified in s. 394.463 s. 397.675.
 4424         Section 55. Effective July 1, 2016, subsection (2) of
 4425  section 394.674, Florida Statutes, is amended to read:
 4426         394.674 Eligibility for publicly funded substance abuse and
 4427  mental health services; fee collection requirements.—
 4428         (2) Crisis services, as defined in s. 394.67, must, within
 4429  the limitations of available state and local matching resources,
 4430  be available to each person who is eligible for services under
 4431  subsection (1), regardless of the person’s ability to pay for
 4432  such services. A person who is experiencing a mental health
 4433  crisis and who does not meet the criteria for involuntary
 4434  examination under s. 394.463(1), or a person who is experiencing
 4435  a substance abuse crisis and who does not meet the involuntary
 4436  admission criteria in s. 394.463 s. 397.675, must contribute to
 4437  the cost of his or her care and treatment pursuant to the
 4438  sliding fee scale developed under subsection (4), unless
 4439  charging a fee is contraindicated because of the crisis
 4440  situation.
 4441         Section 56. Effective July 1, 2016, subsection (6) of
 4442  section 394.9085, Florida Statutes, is amended to read:
 4443         394.9085 Behavioral provider liability.—
 4444         (6) For purposes of this section, the terms “detoxification
 4445  services,” “addictions receiving facility,” and “receiving
 4446  facility” have the same meanings as those provided in ss.
 4447  397.311(18)(a)4., 397.311(18)(a)1., and 394.455(27) 394.455(26),
 4448  respectively.
 4449         Section 57. Effective July 1, 2016, subsection (11) and
 4450  paragraph (a) of subsection (18) of section 397.311, Florida
 4451  Statutes, are amended to read:
 4452         397.311 Definitions.—As used in this chapter, except part
 4453  VIII, the term:
 4454         (11) “Habitual abuser” means a person who is brought to the
 4455  attention of law enforcement for being substance impaired, who
 4456  meets the criteria for involuntary admission in s.394.463 s.
 4457  397.675, and who has been taken into custody for such impairment
 4458  three or more times during the preceding 12 months.
 4459         (18) Licensed service components include a comprehensive
 4460  continuum of accessible and quality substance abuse prevention,
 4461  intervention, and clinical treatment services, including the
 4462  following services:
 4463         (a) “Clinical treatment” means a professionally directed,
 4464  deliberate, and planned regimen of services and interventions
 4465  that are designed to reduce or eliminate the misuse of drugs and
 4466  alcohol and promote a healthy, drug-free lifestyle. As defined
 4467  by rule, “clinical treatment services” include, but are not
 4468  limited to, the following licensable service components:
 4469         1. “Addictions receiving facility” is a secure, acute care
 4470  facility that provides, at a minimum, detoxification and
 4471  stabilization services and; is operated 24 hours per day, 7 days
 4472  per week; and is designated by the department to serve
 4473  individuals found to be substance use impaired as described in
 4474  s. 394.463 s. 397.675 who meet the placement criteria for this
 4475  component.
 4476         2. “Day or night treatment” is a service provided in a
 4477  nonresidential environment, with a structured schedule of
 4478  treatment and rehabilitative services.
 4479         3. “Day or night treatment with community housing” means a
 4480  program intended for individuals who can benefit from living
 4481  independently in peer community housing while participating in
 4482  treatment services for a minimum of 5 hours a day for a minimum
 4483  of 25 hours per week.
 4484         4. “Detoxification” is a service involving subacute care
 4485  that is provided on an inpatient or an outpatient basis to
 4486  assist individuals to withdraw from the physiological and
 4487  psychological effects of substance abuse and who meet the
 4488  placement criteria for this component.
 4489         5. “Intensive inpatient treatment” includes a planned
 4490  regimen of evaluation, observation, medical monitoring, and
 4491  clinical protocols delivered through an interdisciplinary team
 4492  approach provided 24-hours-per-day 24 hours per day, 7-days-per
 4493  week 7 days per week, in a highly structured, live-in
 4494  environment.
 4495         6. “Intensive outpatient treatment” is a service that
 4496  provides individual or group counseling in a more structured
 4497  environment, is of higher intensity and duration than outpatient
 4498  treatment, and is provided to individuals who meet the placement
 4499  criteria for this component.
 4500         7. “Medication-assisted treatment for opiate addiction” is
 4501  a service that uses methadone or other medication as authorized
 4502  by state and federal law, in combination with medical,
 4503  rehabilitative, and counseling services in the treatment of
 4504  individuals who are dependent on opioid drugs.
 4505         8. “Outpatient treatment” is a service that provides
 4506  individual, group, or family counseling by appointment during
 4507  scheduled operating hours for individuals who meet the placement
 4508  criteria for this component.
 4509         9. “Residential treatment” is a service provided in a
 4510  structured live-in environment within a nonhospital setting on a
 4511  24-hours-per-day, 7-days-per-week basis, and is intended for
 4512  individuals who meet the placement criteria for this component.
 4513         Section 58. Effective July 1, 2016, paragraph (b) of
 4514  subsection (2) of section 397.702, Florida Statutes, is amended
 4515  to read:
 4516         397.702 Authorization of local ordinances for treatment of
 4517  habitual abusers in licensed secure facilities.—
 4518         (2) Ordinances for the treatment of habitual abusers must
 4519  provide:
 4520         (b) That when seeking treatment of a habitual abuser, the
 4521  county or municipality, through an officer or agent specified in
 4522  the ordinance, must file with the court a petition which alleges
 4523  the following information about the alleged habitual abuser (the
 4524  respondent):
 4525         1. The name, address, age, and gender of the respondent.
 4526         2. The name of any spouse, adult child, other relative, or
 4527  guardian of the respondent, if known to the petitioner, and the
 4528  efforts, if any, by the petitioner, if any, to ascertain this
 4529  information.
 4530         3. The name of the petitioner, the name of the person who
 4531  has physical custody of the respondent, and the current location
 4532  of the respondent.
 4533         4. That the respondent has been taken into custody for
 4534  impairment in a public place, or has been arrested for an
 4535  offense committed while impaired, three or more times during the
 4536  preceding 12 months.
 4537         5. Specific facts indicating that the respondent meets the
 4538  criteria for involuntary admission in s. 394.463 s. 397.675.
 4539         6. Whether the respondent was advised of his or her right
 4540  to be represented by counsel and to request that the court
 4541  appoint an attorney if he or she is unable to afford one, and
 4542  whether the respondent indicated to petitioner his or her desire
 4543  to have an attorney appointed.
 4544         Section 59. Effective July 1, 2016, paragraph (a) of
 4545  subsection (1) of section 397.94, Florida Statutes, is amended
 4546  to read:
 4547         397.94 Children’s substance abuse services; information and
 4548  referral network.—
 4549         (1) The substate entity shall determine the most cost
 4550  effective method for delivering this service and may select a
 4551  new provider or utilize an existing provider or providers with a
 4552  record of success in providing information and referral
 4553  services.
 4554         (a) The plan must provide assurances that the information
 4555  and referral network will include a resource directory that
 4556  contains information regarding the children’s substance abuse
 4557  services available, including, but not limited to:
 4558         1. Public and private resources by service component,
 4559  including resources for involuntary admissions under s. 394.463
 4560  s. 397.675.
 4561         2. Hours of operation and hours during which services are
 4562  provided.
 4563         3. Ages of persons served.
 4564         4. Description of services.
 4565         5. Eligibility requirements.
 4566         6. Fee schedules.
 4567         Section 60. Section 402.3057, Florida Statutes, is amended
 4568  to read:
 4569         402.3057 Persons not required to be refingerprinted or
 4570  rescreened.—Any provision of law to the contrary
 4571  notwithstanding, human resource personnel who have been
 4572  fingerprinted or screened pursuant to chapters 393, 394, 397,
 4573  402, and 409, and teachers and noninstructional personnel who
 4574  have been fingerprinted pursuant to chapter 1012, who have not
 4575  been unemployed for more than 90 days thereafter, and who under
 4576  the penalty of perjury attest to the completion of such
 4577  fingerprinting or screening and to compliance with the
 4578  provisions of this section and the standards for good moral
 4579  character as contained in such provisions as ss. 110.1127(2)(c),
 4580  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
 4581  shall not be required to be refingerprinted or rescreened in
 4582  order to comply with any caretaker screening or fingerprinting
 4583  requirements.
 4584         Section 61. Section 409.1757, Florida Statutes, is amended
 4585  to read:
 4586         409.1757 Persons not required to be refingerprinted or
 4587  rescreened.—Any law to the contrary notwithstanding, human
 4588  resource personnel who have been fingerprinted or screened
 4589  pursuant to chapters 393, 394, 397, 402, and this chapter,
 4590  teachers who have been fingerprinted pursuant to chapter 1012,
 4591  and law enforcement officers who meet the requirements of s.
 4592  943.13, who have not been unemployed for more than 90 days
 4593  thereafter, and who under the penalty of perjury attest to the
 4594  completion of such fingerprinting or screening and to compliance
 4595  with this section and the standards for good moral character as
 4596  contained in such provisions as ss. 110.1127(2)(c), 393.0655(1),
 4597  394.457(6), 397.451, 402.305(2), 409.175(6), and 943.13(7), are
 4598  not required to be refingerprinted or rescreened in order to
 4599  comply with any caretaker screening or fingerprinting
 4600  requirements.
 4601         Section 62. Effective July 1, 2016, paragraph (b) of
 4602  subsection (1) of section 409.972, Florida Statutes, is amended
 4603  to read:
 4604         409.972 Mandatory and voluntary enrollment.—
 4605         (1) The following Medicaid-eligible persons are exempt from
 4606  mandatory managed care enrollment required by s. 409.965, and
 4607  may voluntarily choose to participate in the managed medical
 4608  assistance program:
 4609         (b) Medicaid recipients residing in residential commitment
 4610  facilities operated through the Department of Juvenile Justice
 4611  or mental health treatment facilities as defined by s.
 4612  394.455(47) s. 394.455(32).
 4613         Section 63. Effective July 1, 2016, subsection (7) of
 4614  section 744.704, Florida Statutes, is amended to read:
 4615         744.704 Powers and duties.—
 4616         (7) A public guardian shall not commit a ward to a mental
 4617  health treatment facility, as defined in s. 394.455(47) s.
 4618  394.455(32), without an involuntary placement proceeding as
 4619  provided by law.
 4620         Section 64. Effective July 1, 2016, paragraph (a) of
 4621  subsection (2) of section 790.065, Florida Statutes, is amended
 4622  to read:
 4623         790.065 Sale and delivery of firearms.—
 4624         (2) Upon receipt of a request for a criminal history record
 4625  check, the Department of Law Enforcement shall, during the
 4626  licensee’s call or by return call, forthwith:
 4627         (a) Review any records available to determine if the
 4628  potential buyer or transferee:
 4629         1. Has been convicted of a felony and is prohibited from
 4630  receipt or possession of a firearm pursuant to s. 790.23;
 4631         2. Has been convicted of a misdemeanor crime of domestic
 4632  violence, and therefore is prohibited from purchasing a firearm;
 4633         3. Has had adjudication of guilt withheld or imposition of
 4634  sentence suspended on any felony or misdemeanor crime of
 4635  domestic violence unless 3 years have elapsed since probation or
 4636  any other conditions set by the court have been fulfilled or
 4637  expunction has occurred; or
 4638         4. Has been adjudicated mentally defective or has been
 4639  committed to a mental institution by a court or as provided in
 4640  sub-sub-subparagraph b.(II), and as a result is prohibited by
 4641  state or federal law from purchasing a firearm.
 4642         a. As used in this subparagraph, “adjudicated mentally
 4643  defective” means a determination by a court that a person, as a
 4644  result of marked subnormal intelligence, or mental illness,
 4645  incompetency, condition, or disease, is a danger to himself or
 4646  herself or to others or lacks the mental capacity to contract or
 4647  manage his or her own affairs. The phrase includes a judicial
 4648  finding of incapacity under s. 744.331(6)(a), an acquittal by
 4649  reason of insanity of a person charged with a criminal offense,
 4650  and a judicial finding that a criminal defendant is not
 4651  competent to stand trial.
 4652         b. As used in this subparagraph, “committed to a mental
 4653  institution” means:
 4654         (I) Involuntary commitment, commitment for mental
 4655  defectiveness or mental illness, and commitment for substance
 4656  abuse. The phrase includes involuntary inpatient placement as
 4657  defined in s. 394.467, involuntary outpatient placement as
 4658  defined in s. 394.4655, involuntary assessment and stabilization
 4659  under s. 394.463(2)(g) s. 397.6818, or and involuntary substance
 4660  abuse treatment under s. 394.463 s. 397.6957, but does not
 4661  include a person in a mental institution for observation or
 4662  discharged from a mental institution based upon the initial
 4663  review by the physician or a voluntary admission to a mental
 4664  institution; or
 4665         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 4666  admission to a mental institution for outpatient or inpatient
 4667  treatment of a person who had an involuntary examination under
 4668  s. 394.463, where each of the following conditions have been
 4669  met:
 4670         (A) An examining physician found that the person is an
 4671  imminent danger to himself or herself or others.
 4672         (B) The examining physician certified that if the person
 4673  did not agree to voluntary treatment, a petition for involuntary
 4674  outpatient or inpatient treatment would have been filed under s.
 4675  394.463(2)(g) s. 394.463(2)(i)4., or the examining physician
 4676  certified that a petition was filed and the person subsequently
 4677  agreed to voluntary treatment prior to a court hearing on the
 4678  petition.
 4679         (C) Before agreeing to voluntary treatment, the person
 4680  received written notice of that finding and certification, and
 4681  written notice that as a result of such finding, he or she may
 4682  be prohibited from purchasing a firearm, and may not be eligible
 4683  to apply for or retain a concealed weapon or firearms license
 4684  under s. 790.06 and the person acknowledged such notice in
 4685  writing, in substantially the following form:
 4686  
 4687         “I understand that the doctor who examined me believes I am
 4688  a danger to myself or to others. I understand that if I do not
 4689  agree to voluntary treatment, a petition will be filed in court
 4690  to require me to receive involuntary treatment. I understand
 4691  that if that petition is filed, I have the right to contest it.
 4692  In the event a petition has been filed, I understand that I can
 4693  subsequently agree to voluntary treatment prior to a court
 4694  hearing. I understand that by agreeing to voluntary treatment in
 4695  either of these situations, I may be prohibited from buying
 4696  firearms and from applying for or retaining a concealed weapons
 4697  or firearms license until I apply for and receive relief from
 4698  that restriction under Florida law.”
 4699  
 4700         (D) A judge or a magistrate has, pursuant to sub-sub
 4701  subparagraph c.(II), reviewed the record of the finding,
 4702  certification, notice, and written acknowledgment classifying
 4703  the person as an imminent danger to himself or herself or
 4704  others, and ordered that such record be submitted to the
 4705  department.
 4706         c. In order to check for these conditions, the department
 4707  shall compile and maintain an automated database of persons who
 4708  are prohibited from purchasing a firearm based on court records
 4709  of adjudications of mental defectiveness or commitments to
 4710  mental institutions.
 4711         (I) Except as provided in sub-sub-subparagraph (II), clerks
 4712  of court shall submit these records to the department within 1
 4713  month after the rendition of the adjudication or commitment.
 4714  Reports shall be submitted in an automated format. The reports
 4715  must, at a minimum, include the name, along with any known alias
 4716  or former name, the sex, and the date of birth of the subject.
 4717         (II) For persons committed to a mental institution pursuant
 4718  to sub-sub-subparagraph b.(II), within 24 hours after the
 4719  person’s agreement to voluntary admission, a record of the
 4720  finding, certification, notice, and written acknowledgment must
 4721  be filed by the administrator of the receiving or treatment
 4722  facility, as defined in s. 394.455, with the clerk of the court
 4723  for the county in which the involuntary examination under s.
 4724  394.463 occurred. No fee shall be charged for the filing under
 4725  this sub-sub-subparagraph. The clerk must present the records to
 4726  a judge or magistrate within 24 hours after receipt of the
 4727  records. A judge or magistrate is required and has the lawful
 4728  authority to review the records ex parte and, if the judge or
 4729  magistrate determines that the record supports the classifying
 4730  of the person as an imminent danger to himself or herself or
 4731  others, to order that the record be submitted to the department.
 4732  If a judge or magistrate orders the submittal of the record to
 4733  the department, the record must be submitted to the department
 4734  within 24 hours.
 4735         d. A person who has been adjudicated mentally defective or
 4736  committed to a mental institution, as those terms are defined in
 4737  this paragraph, may petition the circuit court that made the
 4738  adjudication or commitment, or the court that ordered that the
 4739  record be submitted to the department pursuant to sub-sub
 4740  subparagraph c.(II), for relief from the firearm disabilities
 4741  imposed by such adjudication or commitment. A copy of the
 4742  petition shall be served on the state attorney for the county in
 4743  which the person was adjudicated or committed. The state
 4744  attorney may object to and present evidence relevant to the
 4745  relief sought by the petition. The hearing on the petition may
 4746  be open or closed as the petitioner may choose. The petitioner
 4747  may present evidence and subpoena witnesses to appear at the
 4748  hearing on the petition. The petitioner may confront and cross
 4749  examine witnesses called by the state attorney. A record of the
 4750  hearing shall be made by a certified court reporter or by court
 4751  approved electronic means. The court shall make written findings
 4752  of fact and conclusions of law on the issues before it and issue
 4753  a final order. The court shall grant the relief requested in the
 4754  petition if the court finds, based on the evidence presented
 4755  with respect to the petitioner’s reputation, the petitioner’s
 4756  mental health record and, if applicable, criminal history
 4757  record, the circumstances surrounding the firearm disability,
 4758  and any other evidence in the record, that the petitioner will
 4759  not be likely to act in a manner that is dangerous to public
 4760  safety and that granting the relief would not be contrary to the
 4761  public interest. If the final order denies relief, the
 4762  petitioner may not petition again for relief from firearm
 4763  disabilities until 1 year after the date of the final order. The
 4764  petitioner may seek judicial review of a final order denying
 4765  relief in the district court of appeal having jurisdiction over
 4766  the court that issued the order. The review shall be conducted
 4767  de novo. Relief from a firearm disability granted under this
 4768  sub-subparagraph has no effect on the loss of civil rights,
 4769  including firearm rights, for any reason other than the
 4770  particular adjudication of mental defectiveness or commitment to
 4771  a mental institution from which relief is granted.
 4772         e. Upon receipt of proper notice of relief from firearm
 4773  disabilities granted under sub-subparagraph d., the department
 4774  shall delete any mental health record of the person granted
 4775  relief from the automated database of persons who are prohibited
 4776  from purchasing a firearm based on court records of
 4777  adjudications of mental defectiveness or commitments to mental
 4778  institutions.
 4779         f. The department is authorized to disclose data collected
 4780  pursuant to this subparagraph to agencies of the Federal
 4781  Government and other states for use exclusively in determining
 4782  the lawfulness of a firearm sale or transfer. The department is
 4783  also authorized to disclose this data to the Department of
 4784  Agriculture and Consumer Services for purposes of determining
 4785  eligibility for issuance of a concealed weapons or concealed
 4786  firearms license and for determining whether a basis exists for
 4787  revoking or suspending a previously issued license pursuant to
 4788  s. 790.06(10). When a potential buyer or transferee appeals a
 4789  nonapproval based on these records, the clerks of court and
 4790  mental institutions shall, upon request by the department,
 4791  provide information to help determine whether the potential
 4792  buyer or transferee is the same person as the subject of the
 4793  record. Photographs and any other data that could confirm or
 4794  negate identity must be made available to the department for
 4795  such purposes, notwithstanding any other provision of state law
 4796  to the contrary. Any such information that is made confidential
 4797  or exempt from disclosure by law shall retain such confidential
 4798  or exempt status when transferred to the department.
 4799         Section 65.  Effective July 1, 2016, section 397.601,
 4800  Florida Statutes, which composes part IV of chapter 397, Florida
 4801  Statutes, is repealed.
 4802         Section 66. Effective July 1, 2016, sections 397.675,
 4803  397.6751, 397.6752, 397.6758, 397.6759, 397.677, 397.6771,
 4804  397.6772, 397.6773, 397.6774, 397.6775, 397.679, 397.6791,
 4805  397.6793, 397.6795, 397.6797, 397.6798, 397.6799, 397.681,
 4806  397.6811, 397.6814, 397.6815, 397.6818, 397.6819, 397.6821,
 4807  397.6822, 397.693, 397.695, 397.6951, 397.6955, 397.6957,
 4808  397.697, 397.6971, 397.6975, and 397.6977, Florida Statutes,
 4809  which compose part V of chapter 397, Florida Statutes, are
 4810  repealed.
 4811         Section 67. For the purpose of incorporating the amendment
 4812  made by this act to section 394.4599, Florida Statutes, in a
 4813  reference thereto, subsection (1) of section 394.4685, Florida
 4814  Statutes, is reenacted to read:
 4815         394.4685 Transfer of patients among facilities.—
 4816         (1) TRANSFER BETWEEN PUBLIC FACILITIES.—
 4817         (a) A patient who has been admitted to a public receiving
 4818  facility, or the family member, guardian, or guardian advocate
 4819  of such patient, may request the transfer of the patient to
 4820  another public receiving facility. A patient who has been
 4821  admitted to a public treatment facility, or the family member,
 4822  guardian, or guardian advocate of such patient, may request the
 4823  transfer of the patient to another public treatment facility.
 4824  Depending on the medical treatment or mental health treatment
 4825  needs of the patient and the availability of appropriate
 4826  facility resources, the patient may be transferred at the
 4827  discretion of the department. If the department approves the
 4828  transfer of an involuntary patient, notice according to the
 4829  provisions of s. 394.4599 shall be given prior to the transfer
 4830  by the transferring facility. The department shall respond to
 4831  the request for transfer within 2 working days after receipt of
 4832  the request by the facility administrator.
 4833         (b) When required by the medical treatment or mental health
 4834  treatment needs of the patient or the efficient utilization of a
 4835  public receiving or public treatment facility, a patient may be
 4836  transferred from one receiving facility to another, or one
 4837  treatment facility to another, at the department’s discretion,
 4838  or, with the express and informed consent of the patient or the
 4839  patient’s guardian or guardian advocate, to a facility in
 4840  another state. Notice according to the provisions of s. 394.4599
 4841  shall be given prior to the transfer by the transferring
 4842  facility. If prior notice is not possible, notice of the
 4843  transfer shall be provided as soon as practicable after the
 4844  transfer.
 4845         Section 68. For the purpose of incorporating the amendment
 4846  made by this act to section 394.4599, Florida Statutes, in a
 4847  reference thereto, subsection (2) of section 394.469, Florida
 4848  Statutes, is reenacted to read:
 4849         394.469 Discharge of involuntary patients.—
 4850         (2) NOTICE.—Notice of discharge or transfer of a patient
 4851  shall be given as provided in s. 394.4599.
 4852         Section 69. Except as otherwise expressly provided in this
 4853  act, this act shall take effect July 1, 2015.
 4854  
 4855  ================= T I T L E  A M E N D M E N T ================
 4856  And the title is amended as follows:
 4857         Delete everything before the enacting clause
 4858  and insert:
 4859                        A bill to be entitled                      
 4860         An act relating to mental health and substance abuse;
 4861         amending ss. 29.004, 39.001, 39.507, and 39.521, F.S.;
 4862         conforming provisions to changes made by the act;
 4863         amending s. 381.0056, F.S.; revising the definition of
 4864         the term “emergency health needs”; requiring school
 4865         health services plans to include notification
 4866         requirements when a student is removed from school,
 4867         school transportation, or a school-sponsored activity
 4868         for involuntary examination; amending s. 394.453,
 4869         F.S.; providing legislative intent regarding the
 4870         development of programs related to substance abuse
 4871         impairment by the Department of Children and Families;
 4872         expanding legislative intent related to a guarantee of
 4873         dignity and human rights to all individuals who are
 4874         admitted to substance abuse treatment facilities;
 4875         amending s. 394.455, F.S.; defining and redefining
 4876         terms; deleting terms; amending s. 394.457, F.S.;
 4877         adding substance abuse services as a program focus for
 4878         which the Department of Children and Families is
 4879         responsible; deleting a requirement that the
 4880         department establish minimum standards for personnel
 4881         employed in mental health programs and provide
 4882         orientation and training materials; amending s.
 4883         394.4573, F.S.; deleting a term; adding substance
 4884         abuse care as an element of the continuity of care
 4885         management system that the department must establish;
 4886         deleting duties and measures of performance of the
 4887         department regarding the continuity of care management
 4888         system; amending s. 394.459, F.S.; extending a right
 4889         to dignity to all individuals held for examination or
 4890         admitted for mental health or substance abuse
 4891         treatment; providing procedural requirements that must
 4892         be followed to detain without consent an individual
 4893         who has a substance abuse impairment but who has not
 4894         been charged with a criminal offense; providing that
 4895         individuals held for examination or admitted for
 4896         treatment at a facility have a right to certain
 4897         evaluation and treatment procedures; removing
 4898         provisions regarding express and informed consent for
 4899         medical procedures requiring the use of a general
 4900         anesthetic or electroconvulsive treatment; requiring
 4901         facilities to have written procedures for reporting
 4902         events that place individuals receiving services at
 4903         risk of harm; requiring service providers to provide
 4904         information concerning advance directives to
 4905         individuals receiving services; amending s. 394.4597,
 4906         F.S.; specifying certain persons who are prohibited
 4907         from being selected as an individual’s representative;
 4908         providing certain rights to representatives; amending
 4909         s. 394.4598, F.S.; specifying certain persons who are
 4910         prohibited from being appointed as an individual’s
 4911         guardian advocate; providing guidelines for decisions
 4912         of guardian advocates; amending s. 394.4599, F.S.;
 4913         including health care surrogates and proxies as
 4914         individuals who may act on behalf of an individual
 4915         involuntarily admitted to a facility; requiring a
 4916         receiving facility to give notice immediately of the
 4917         whereabouts of a minor who is being held involuntarily
 4918         to the minor’s parent, guardian, caregiver, or
 4919         guardian advocate; providing circumstances when
 4920         notification may be delayed; requiring the receiving
 4921         facility to make continuous attempts to notify;
 4922         authorizing the receiving facility to seek assistant
 4923         from law enforcement under certain circumstances;
 4924         requiring the receiving facility to document
 4925         notification attempts in the minor’s clinical record;
 4926         amending s. 394.4615, F.S.; adding a condition under
 4927         which the clinical record of an individual must be
 4928         released to the state attorney; providing for the
 4929         release of information from the clinical record to law
 4930         enforcement agencies under certain circumstances;
 4931         amending s. 394.462, F.S.; providing that a person in
 4932         custody for a felony other than a forcible felony must
 4933         be transported to the nearest receiving facility for
 4934         examination; providing that a law enforcement officer
 4935         may transport an individual meeting the criteria for
 4936         voluntary admission to a mental health receiving
 4937         facility, addictions receiving facility, or
 4938         detoxification facility at the individual’s request;
 4939         amending s. 394.4625, F.S.; providing criteria for the
 4940         examination and treatment of an individual who is
 4941         voluntarily admitted to a facility; providing criteria
 4942         for the release or discharge of the individual;
 4943         providing that a voluntarily admitted individual who
 4944         is released or discharged and who is currently charged
 4945         with a crime shall be returned to the custody of a law
 4946         enforcement officer; providing procedures for
 4947         transferring an individual to voluntary status and
 4948         involuntary status; amending s. 394.463, F.S.;
 4949         providing for the involuntary examination of a person
 4950         for a substance abuse impairment; providing for the
 4951         transportation of an individual for an involuntary
 4952         examination; providing that a certificate for an
 4953         involuntary examination must contain certain
 4954         information; providing criteria and procedures for the
 4955         release of an individual held for involuntary
 4956         examination from receiving or treatment facilities;
 4957         amending s. 394.4655, F.S.; adding substance abuse
 4958         impairment as a condition to which criteria for
 4959         involuntary outpatient placement apply; providing
 4960         guidelines for an attorney representing an individual
 4961         subject to proceedings for involuntary outpatient
 4962         placement; requiring the court to appoint the office
 4963         of criminal conflict and civil regional counsel under
 4964         certain circumstances; providing guidelines for the
 4965         state attorney in prosecuting a petition for
 4966         involuntary placement; requiring the court to consider
 4967         certain information when determining whether to
 4968         appoint a guardian advocate for the individual;
 4969         requiring the court to inform the individual and his
 4970         or her representatives of the individual’s right to an
 4971         independent expert examination with regard to
 4972         proceedings for involuntary outpatient placement;
 4973         amending s. 394.467, F.S.; adding substance abuse
 4974         impairment as a condition to which criteria for
 4975         involuntary inpatient placement apply; adding
 4976         addictions receiving facilities and detoxification
 4977         facilities as identified receiving facilities;
 4978         providing for first and second medical opinions in
 4979         proceedings for placement for treatment of substance
 4980         abuse impairment; requiring the court to appoint the
 4981         office of criminal conflict and civil regional counsel
 4982         under certain circumstances; providing guidelines for
 4983         attorney representation of an individual subject to
 4984         proceedings for involuntary inpatient placement;
 4985         providing guidelines for the state attorney in
 4986         prosecuting a petition for involuntary placement;
 4987         setting standards for the court to accept a waiver of
 4988         the individual’s rights; requiring the court to
 4989         consider certain testimony regarding the individual’s
 4990         prior history in proceedings; requiring the Division
 4991         of Administrative Hearings to inform the individual
 4992         and his or her representatives of the right to an
 4993         independent expert examination; amending s. 394.4672,
 4994         F.S.; providing authority of facilities of the United
 4995         States Department of Veterans Affairs to conduct
 4996         certain examinations and provide certain treatments;
 4997         amending s. 394.47891, F.S.; expanding eligibility for
 4998         military veterans and servicemembers court programs;
 4999         creating s. 394.47892, F.S.; authorizing the creation
 5000         of treatment-based mental health court programs;
 5001         providing for eligibility; providing program
 5002         requirements; providing for an advisory committee;
 5003         amending s. 394.656, F.S.; renaming the Criminal
 5004         Justice, Mental Health, and Substance Abuse Statewide
 5005         Grant Review Committee as the Criminal Justice, Mental
 5006         Health, and Substance Abuse Statewide Grant Policy
 5007         Committee; providing additional members of the
 5008         committee; providing duties of the committee;
 5009         providing additional qualifications for committee
 5010         members; directing the Department of Children and
 5011         Families to create a grant review and selection
 5012         committee; providing duties of the committee;
 5013         authorizing a designated not-for-profit community
 5014         provider, managing entity, or coordinated care
 5015         organization to apply for certain grants; providing
 5016         eligibility requirements; defining the term
 5017         “sequential intercept mapping”; removing provisions
 5018         relating to applications for certain planning grants;
 5019         amending s. 394.875, F.S.; removing a limitation on
 5020         the number of beds in crisis stabilization units;
 5021         amending s. 394.9082, F.S.; defining the term “public
 5022         receiving facility”; requiring the department to
 5023         establish specified standards and protocols with
 5024         respect to the administration of the crisis
 5025         stabilization services utilization database; directing
 5026         managing entities to require public receiving
 5027         facilities to submit utilization data on a periodic
 5028         basis; providing requirements for the data; requiring
 5029         managing entities to periodically submit aggregate
 5030         data to the department; requiring the department to
 5031         adopt rules; requiring the department to annually
 5032         submit a report to the Governor and the Legislature;
 5033         prescribing report requirements; providing an
 5034         appropriation to implement the database; providing a
 5035         directive to the Division of Law Revision and
 5036         Information; creating s. 765.4015, F.S.; providing a
 5037         short title; creating s. 765.402, F.S.; providing
 5038         legislative findings; creating s. 765.403, F.S.;
 5039         defining terms; creating s. 765.405, F.S.; authorizing
 5040         an adult with capacity to execute a mental health or
 5041         substance abuse treatment advance directive; providing
 5042         a presumption of validity if certain requirements are
 5043         met; specifying provisions that an advance directive
 5044         may include; creating s. 765.406, F.S.; providing for
 5045         execution of the mental health or substance abuse
 5046         treatment advance directive; establishing requirements
 5047         for a valid mental health or substance abuse treatment
 5048         advance directive; providing that a mental health or
 5049         substance abuse treatment advance directive is valid
 5050         upon execution even if a part of the advance directive
 5051         takes effect at a later date; allowing a mental health
 5052         or substance abuse treatment advance directive to be
 5053         revoked, in whole or in part, or to expire under its
 5054         own terms; specifying that a mental health or
 5055         substance abuse treatment advance directive does not
 5056         or may not serve specified purposes; creating s.
 5057         765.407, F.S.; providing circumstances under which a
 5058         mental health or substance abuse treatment advance
 5059         directive may be revoked; providing circumstances
 5060         under which a principal may waive specific directive
 5061         provisions without revoking the advance directive;
 5062         creating s. 765.410, F.S.; prohibiting criminal
 5063         prosecution of a health care facility, provider, or
 5064         surrogate who acts pursuant to a mental health or
 5065         substance abuse treatment decision; creating s.
 5066         765.411, F.S.; providing for recognition of a mental
 5067         health and substance abuse treatment advance directive
 5068         executed in another state if it complies with the laws
 5069         of this state; amending s. 910.035, F.S.; defining the
 5070         term “problem-solving court”; authorizing a person
 5071         eligible for participation in a problem-solving court
 5072         to transfer his or her case to another county’s
 5073         problem-solving court under certain circumstances;
 5074         making technical changes; amending s. 916.106, F.S.;
 5075         redefining the term “court” to include county courts
 5076         in certain circumstances; amending s. 916.17, F.S.;
 5077         authorizing a county court to order the conditional
 5078         release of a defendant for the provision of outpatient
 5079         care and treatment; creating s. 916.185, F.S.;
 5080         providing legislative findings and intent; defining
 5081         terms; creating the Forensic Hospital Diversion Pilot
 5082         Program; requiring the Department of Children and
 5083         Families to implement a Forensic Hospital Diversion
 5084         Pilot Program in five specified judicial circuits;
 5085         providing eligibility criteria for participation in
 5086         the pilot program; providing legislative intent
 5087         concerning the training of judges; authorizing the
 5088         department to adopt rules; directing the Office of
 5089         Program Policy Analysis and Government Accountability
 5090         to submit a report to the Governor and the
 5091         Legislature; creating s. 944.805, F.S.; defining the
 5092         terms “department” and “nonviolent offender”;
 5093         requiring the Department of Corrections to develop and
 5094         administer a reentry program for nonviolent offenders
 5095         which is intended to divert nonviolent offenders from
 5096         long periods of incarceration; requiring that the
 5097         program include intensive substance abuse treatment
 5098         and rehabilitation programs; providing for the minimum
 5099         length of service in the program; providing that any
 5100         portion of a sentence before placement in the program
 5101         does not count as progress toward program completion;
 5102         identifying permissible locations for the operation of
 5103         a reentry program; specifying eligibility criteria for
 5104         a nonviolent offender’s participation in the reentry
 5105         program; requiring the department to screen and select
 5106         eligible offenders for the program based on specified
 5107         considerations; requiring the department to notify a
 5108         nonviolent offender’s sentencing court to obtain
 5109         approval before the nonviolent offender is placed in
 5110         the reentry program; requiring the department to
 5111         notify the state attorney that an offender is being
 5112         considered for placement in the program; authorizing
 5113         the state attorney to file objections to placing the
 5114         offender in the reentry program within a specified
 5115         period; authorizing the sentencing court to consider
 5116         certain factors when deciding whether to approve an
 5117         offender for placement in a reentry program; requiring
 5118         the sentencing court to notify the department of the
 5119         court’s decision to approve or disapprove the
 5120         requested placement within a specified period;
 5121         requiring a nonviolent offender to undergo an
 5122         educational assessment and a complete substance abuse
 5123         assessment if admitted into the reentry program;
 5124         requiring an offender to be enrolled in an adult
 5125         education program in specified circumstances;
 5126         requiring that assessments of vocational skills and
 5127         future career education be provided to an offender;
 5128         requiring that certain reevaluation be made
 5129         periodically; providing that a participating
 5130         nonviolent offender is subject to the disciplinary
 5131         rules of the department; specifying the reasons for
 5132         which an offender may be terminated from the reentry
 5133         program; requiring that the department submit a report
 5134         to the sentencing court at least 30 days before a
 5135         nonviolent offender is scheduled to complete the
 5136         reentry program; specifying the issues to be addressed
 5137         in the report; authorizing a court to schedule a
 5138         hearing to consider any modification to an imposed
 5139         sentence; requiring the sentencing court to issue an
 5140         order modifying the sentence imposed and placing a
 5141         nonviolent offender on drug offender probation if the
 5142         nonviolent offender’s performance is satisfactory;
 5143         authorizing the court to revoke probation and impose
 5144         the original sentence in specified circumstances;
 5145         authorizing the court to require an offender to
 5146         complete a postadjudicatory drug court program in
 5147         specified circumstances; directing the department to
 5148         implement the reentry program using available
 5149         resources; authorizing the department to enter into
 5150         contracts with qualified individuals, agencies, or
 5151         corporations for services for the reentry program;
 5152         requiring offenders to abide by department conduct
 5153         rules; authorizing the department to impose
 5154         administrative or protective confinement as necessary;
 5155         providing that the section does not create a right to
 5156         placement in the reentry program or any right to
 5157         placement or early release under supervision of any
 5158         type; providing that the section does not create a
 5159         cause of action related to the program; authorizing
 5160         the department to establish a system of incentives
 5161         within the reentry program which the department may
 5162         use to promote participation in rehabilitative
 5163         programs and the orderly operation of institutions and
 5164         facilities; requiring the department to develop a
 5165         system for tracking recidivism, including, but not
 5166         limited to, rearrests and recommitment of nonviolent
 5167         offenders who successfully complete the reentry
 5168         program, and to report on recidivism in an annual
 5169         report; requiring the department to submit an annual
 5170         report to the Governor and Legislature detailing the
 5171         extent of implementation of the reentry program,
 5172         specifying requirements for the report; requiring the
 5173         department to adopt rules; providing that specified
 5174         provisions are not severable; amending ss. 948.01 and
 5175         948.06, F.S.; providing for courts to order certain
 5176         defendants on probation or community control to
 5177         postadjudicatory mental health court programs;
 5178         amending s. 948.08, F.S.; expanding eligibility
 5179         requirements for certain pretrial intervention
 5180         programs; providing for voluntary admission into
 5181         pretrial mental health court program; amending s.
 5182         948.16, F.S.; expanding eligibility of veterans for a
 5183         misdemeanor pretrial veterans’ treatment intervention
 5184         program; providing eligibility of misdemeanor
 5185         defendants for a misdemeanor pretrial mental health
 5186         court program; amending s. 948.21, F.S.; expanding
 5187         veterans’ eligibility for participating in treatment
 5188         programs while on court-ordered probation or community
 5189         control; amending s. 985.345, F.S.; authorizing
 5190         pretrial mental health court programs for certain
 5191         juvenile offenders; providing for disposition of
 5192         pending charges after completion of the pretrial
 5193         intervention program; amending ss. 1002.20 and
 5194         1002.33, F.S.; requiring public school and charter
 5195         school principals or their designees to provide notice
 5196         of the whereabouts of a student removed from school,
 5197         school transportation, or a school-sponsored activity
 5198         for involuntary examination; providing circumstances
 5199         under which notification may be delayed; requiring
 5200         district school boards and charter school governing
 5201         boards to develop notification policies and
 5202         procedures; amending ss. 39.407, 394.4612, 394.495,
 5203         394.496, 394.499, 394.67, 394.674, 394.9085, 397.311,
 5204         397.702, 397.94, 402.3057, 409.1757, 409.972, 744.704,
 5205         and 790.065, F.S.; conforming cross-references;
 5206         repealing s. 397.601, F.S., relating to voluntary
 5207         admissions; repealing s. 397.675, F.S., relating to
 5208         criteria for involuntary admissions, including
 5209         protective custody, emergency admission, and other
 5210         involuntary assessment, involuntary treatment, and
 5211         alternative involuntary assessment for minors, for
 5212         purposes of assessment and stabilization, and for
 5213         involuntary treatment; repealing s. 397.6751, F.S.,
 5214         relating to service provider responsibilities
 5215         regarding involuntary admissions; repealing s.
 5216         397.6752, F.S., relating to referral of involuntarily
 5217         admitted individual for voluntary treatment; repealing
 5218         s. 397.6758, F.S., relating to release of individual
 5219         from protective custody, emergency admission,
 5220         involuntary assessment, involuntary treatment, and
 5221         alternative involuntary assessment of a minor;
 5222         repealing s. 397.6759, F.S., relating to parental
 5223         participation in treatment; repealing s. 397.677,
 5224         F.S., relating to protective custody; circumstances
 5225         justifying; repealing s. 397.6771, F.S., relating to
 5226         protective custody with consent; repealing s.
 5227         397.6772, F.S., relating to protective custody without
 5228         consent; repealing s. 397.6773, F.S., relating to
 5229         dispositional alternatives after protective custody;
 5230         repealing s. 397.6774, F.S., relating to department to
 5231         maintain lists of licensed facilities; repealing s.
 5232         397.6775, F.S., relating to Immunity from liability;
 5233         repealing s. 397.679, F.S., relating to emergency
 5234         admission; circumstances justifying; repealing s.
 5235         397.6791, F.S., relating to emergency admission;
 5236         persons who may initiate; repealing s. 397.6793, F.S.,
 5237         relating to physician’s certificate for emergency
 5238         admission; repealing s. 397.6795, F.S., relating to
 5239         transportation-assisted delivery of persons for
 5240         emergency assessment; repealing s. 397.6797, F.S.,
 5241         relating to dispositional alternatives after emergency
 5242         admission; repealing s. 397.6798, F.S., relating to
 5243         alternative involuntary assessment procedure for
 5244         minors; repealing s. 397.6799, F.S., relating to
 5245         disposition of minor upon completion of alternative
 5246         involuntary assessment; repealing s. 397.681, F.S.,
 5247         relating to involuntary petitions; general provisions;
 5248         court jurisdiction and right to counsel; repealing s.
 5249         397.6811, F.S., relating to involuntary assessment and
 5250         stabilization; repealing s. 397.6814, F.S., relating
 5251         to involuntary assessment and stabilization; contents
 5252         of petition; repealing s. 397.6815, F.S., relating to
 5253         involuntary assessment and stabilization; procedure;
 5254         repealing s. 397.6818, F.S., relating to court
 5255         determination; repealing s. 397.6819, F.S., relating
 5256         to involuntary assessment and stabilization;
 5257         responsibility of licensed service provider; repealing
 5258         s. 397.6821, F.S., relating to extension of time for
 5259         completion of involuntary assessment and
 5260         stabilization; repealing s. 397.6822, F.S., relating
 5261         to disposition of individual after involuntary
 5262         assessment; repealing s. 397.693, F.S., relating to
 5263         involuntary treatment; repealing s. 397.695, F.S.,
 5264         relating to involuntary treatment; persons who may
 5265         petition; repealing s. 397.6951, F.S., relating to
 5266         contents of petition for involuntary treatment;
 5267         repealing s. 397.6955, F.S., relating to duties of
 5268         court upon filing of petition for involuntary
 5269         treatment; repealing s. 397.6957, F.S., relating to
 5270         hearing on petition for involuntary treatment;
 5271         repealing s. 397.697, F.S., relating to court
 5272         determination; effect of court order for involuntary
 5273         substance abuse treatment; repealing s. 397.6971,
 5274         F.S., relating to early release from involuntary
 5275         substance abuse treatment; repealing s. 397.6975,
 5276         F.S., relating to extension of involuntary substance
 5277         abuse treatment period; repealing s. 397.6977, F.S.,
 5278         relating to disposition of individual upon completion
 5279         of involuntary substance abuse treatment; reenacting
 5280         ss. 394.4685(1), and 394.469(2), F.S., to incorporate
 5281         the amendment made to s. 394.4599, F.S., in references
 5282         thereto; providing effective dates.