Florida Senate - 2016                                      SB 12
       
       
        
       By Senator Garcia
       
       38-01698B-16                                            201612__
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 29.004, F.S.; including services provided
    4         to treatment-based mental health programs within case
    5         management funded from state revenues as an element of
    6         the state courts system; amending s. 39.001, F.S.;
    7         providing legislative intent regarding mental illness
    8         for purposes of the child welfare system; amending s.
    9         39.507, F.S.; providing for consideration of mental
   10         health issues and involvement in treatment-based
   11         mental health programs in adjudicatory hearings and
   12         orders; amending s. 39.521, F.S.; providing for
   13         consideration of mental health issues and involvement
   14         in treatment-based mental health programs in
   15         disposition hearings; amending s. 394.455, F.S.;
   16         defining terms; revising definitions; amending s.
   17         394.4573, F.S.; requiring the Department of Children
   18         and Families to submit a certain assessment to the
   19         Governor and the Legislature by a specified date;
   20         redefining terms; providing essential elements of a
   21         coordinated system of care; providing requirements for
   22         the department’s annual assessment; authorizing the
   23         department to award certain grants; deleting duties
   24         and measures of the department regarding continuity of
   25         care management systems; amending s. 394.4597, F.S.;
   26         revising the prioritization of health care surrogates
   27         to be selected for involuntary patients; specifying
   28         certain persons who are prohibited from being selected
   29         as an individual’s representative; amending s.
   30         394.4598, F.S.; specifying certain persons who are
   31         prohibited from being appointed as a person’s guardian
   32         advocate; amending s. 394.462, F.S.; requiring that
   33         counties develop and implement transportation plans;
   34         providing requirements for the plans; revising
   35         requirements for transportation to a receiving
   36         facility and treatment facility; deleting exceptions
   37         to such requirements; amending s. 394.463, F.S.;
   38         authorizing county or circuit courts to enter ex parte
   39         orders for involuntary examinations; requiring a
   40         facility to provide copies of ex parte orders,
   41         reports, and certifications to managing entities and
   42         the department, rather than the Agency for Health Care
   43         Administration; requiring the managing entity and
   44         department to receive certain orders, certificates,
   45         and reports; requiring the department to provide such
   46         documents to the Agency for Health Care
   47         Administration; requiring certain individuals to be
   48         released to law enforcement custody; providing
   49         exceptions; amending s. 394.4655, F.S.; providing for
   50         involuntary outpatient services; requiring a service
   51         provider to document certain inquiries; requiring the
   52         managing entity to document certain efforts; making
   53         technical changes; amending s. 394.467, F.S.; revising
   54         criteria for involuntary inpatient placement;
   55         requiring a facility filing a petition for involuntary
   56         inpatient placement to send a copy to the department
   57         and managing entity; revising criteria for a hearing
   58         on involuntary inpatient placement; revising criteria
   59         for a procedure for continued involuntary inpatient
   60         services; specifying requirements for a certain waiver
   61         of the patient’s attendance at a hearing; requiring
   62         the court to consider certain testimony and evidence
   63         regarding a patient’s incompetence; amending s.
   64         394.46715, F.S.; revising rulemaking authority of the
   65         department; creating s. 394.761, F.S.; authorizing the
   66         agency and the department to develop a plan for
   67         revenue maximization; requiring the plan to be
   68         submitted to the Legislature by a certain date;
   69         amending s. 394.875, F.S.; requiring the department to
   70         modify licensure rules and procedures to create an
   71         option for a single, consolidated license for certain
   72         providers by a specified date; amending s. 394.9082,
   73         F.S.; providing a purpose for behavioral health
   74         managing entities; revising definitions; providing
   75         duties of the department; requiring the department to
   76         revise its contracts with managing entities; providing
   77         duties for managing entities; deleting provisions
   78         relating to legislative findings and intent, service
   79         delivery strategies, essential elements, reporting
   80         requirements, and rulemaking authority; amending s.
   81         397.311, F.S.; defining the term “involuntary
   82         services”; revising the definition of the term
   83         “qualified professional”; conforming a cross
   84         reference; amending s. 397.675, F.S.; revising the
   85         criteria for involuntary admissions due to substance
   86         abuse or co-occurring mental health disorders;
   87         amending s. 397.679, F.S.; specifying the licensed
   88         professionals who may complete a certificate for the
   89         involuntary admission of an individual; amending s.
   90         397.6791, F.S.; providing a list of professionals
   91         authorized to initiate a certificate for an emergency
   92         assessment or admission of a person with a substance
   93         abuse disorder; amending s. 397.6793, F.S.; revising
   94         the criteria for initiation of a certificate for an
   95         emergency admission for a person who is substance
   96         abuse impaired; amending s. 397.6795, F.S.; revising
   97         the list of persons who may deliver a person for an
   98         emergency assessment; amending s. 397.681, F.S.;
   99         prohibiting the court from charging a fee for
  100         involuntary petitions; amending s. 397.6811, F.S.;
  101         revising the list of persons who may file a petition
  102         for an involuntary assessment and stabilization;
  103         amending s. 397.6814, F.S.; prohibiting a fee from
  104         being charged for the filing of a petition for
  105         involuntary assessment and stabilization; amending s.
  106         397.6819, F.S.; revising the responsibilities of
  107         service providers who admit an individual for an
  108         involuntary assessment and stabilization; amending s.
  109         397.695, F.S.; authorizing certain persons to file a
  110         petition for involuntary outpatient services of an
  111         individual; providing procedures and requirements for
  112         such petitions; amending s. 397.6951, F.S.; requiring
  113         that certain additional information be included in a
  114         petition for involuntary outpatient services; amending
  115         s. 397.6955, F.S.; requiring a court to fulfill
  116         certain additional duties upon the filing of petition
  117         for involuntary outpatient services; amending s.
  118         397.6957, F.S.; providing additional requirements for
  119         a hearing on a petition for involuntary outpatient
  120         services; amending s. 397.697, F.S.; authorizing a
  121         court to make a determination of involuntary
  122         outpatient services; prohibiting a court from ordering
  123         involuntary outpatient services under certain
  124         circumstances; requiring the service provider to
  125         document certain inquiries; requiring the managing
  126         entity to document certain efforts; requiring a copy
  127         of the court’s order to be sent to the department and
  128         managing entity; providing procedures for
  129         modifications to such orders; amending s. 397.6971,
  130         F.S.; establishing the requirements for an early
  131         release from involuntary outpatient services; amending
  132         s. 397.6975, F.S.; requiring the court to appoint
  133         certain counsel; providing requirements for hearings
  134         on petitions for continued involuntary outpatient
  135         services; requiring notice of such hearings; amending
  136         s. 397.6977, F.S.; conforming provisions to changes
  137         made by the act; creating s. 397.6978, F.S.; providing
  138         for the appointment of guardian advocates if an
  139         individual is found incompetent to consent to
  140         treatment; providing a list of persons prohibited from
  141         being appointed as an individual’s guardian advocate;
  142         providing requirements for a facility requesting the
  143         appointment of a guardian advocate; requiring a
  144         training course for guardian advocates; providing
  145         requirements for the training course; providing
  146         requirements for the prioritization of individuals to
  147         be selected as guardian advocates; authorizing certain
  148         guardian advocates to consent to medical treatment;
  149         providing exceptions; providing procedures for the
  150         discharge of a guardian advocate; amending ss. 39.407,
  151         212.055, 394.4599, 394.495, 394.496, 394.9085,
  152         397.405, 397.407, 397.416, 409.972, 440.102, 744.704,
  153         and 790.065, F.S.; conforming cross-references;
  154         providing an effective date.
  155          
  156  Be It Enacted by the Legislature of the State of Florida:
  157  
  158         Section 1. Paragraph (e) is added to subsection (10) of
  159  section 29.004, Florida Statutes, to read:
  160         29.004 State courts system.—For purposes of implementing s.
  161  14, Art. V of the State Constitution, the elements of the state
  162  courts system to be provided from state revenues appropriated by
  163  general law are as follows:
  164         (10) Case management. Case management includes:
  165         (e) Service referral, coordination, monitoring, and
  166  tracking for mental health programs under chapter 394.
  167  
  168  Case management may not include costs associated with the
  169  application of therapeutic jurisprudence principles by the
  170  courts. Case management also may not include case intake and
  171  records management conducted by the clerk of court.
  172         Section 2. Subsection (6) of section 39.001, Florida
  173  Statutes, is amended to read:
  174         39.001 Purposes and intent; personnel standards and
  175  screening.—
  176         (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
  177         (a) The Legislature recognizes that early referral and
  178  comprehensive treatment can help combat mental illness and
  179  substance abuse disorders in families and that treatment is
  180  cost-effective.
  181         (b) The Legislature establishes the following goals for the
  182  state related to mental illness and substance abuse treatment
  183  services in the dependency process:
  184         1. To ensure the safety of children.
  185         2. To prevent and remediate the consequences of mental
  186  illness and substance abuse disorders on families involved in
  187  protective supervision or foster care and reduce the occurrences
  188  of mental illness and substance abuse disorders, including
  189  alcohol abuse or other related disorders, for families who are
  190  at risk of being involved in protective supervision or foster
  191  care.
  192         3. To expedite permanency for children and reunify healthy,
  193  intact families, when appropriate.
  194         4. To support families in recovery.
  195         (c) The Legislature finds that children in the care of the
  196  state’s dependency system need appropriate health care services,
  197  that the impact of mental illnesses and substance abuse on
  198  health indicates the need for health care services to include
  199  treatment for mental health and substance abuse disorders for
  200  services to children and parents where appropriate, and that it
  201  is in the state’s best interest that such children be provided
  202  the services they need to enable them to become and remain
  203  independent of state care. In order to provide these services,
  204  the state’s dependency system must have the ability to identify
  205  and provide appropriate intervention and treatment for children
  206  with personal or family-related mental illness and substance
  207  abuse problems.
  208         (d) It is the intent of the Legislature to encourage the
  209  use of the mental health programs established under chapter 394
  210  and the drug court program model established under by s. 397.334
  211  and authorize courts to assess children and persons who have
  212  custody or are requesting custody of children where good cause
  213  is shown to identify and address mental illnesses and substance
  214  abuse disorders problems as the court deems appropriate at every
  215  stage of the dependency process. Participation in treatment,
  216  including a treatment-based mental health court program or a
  217  treatment-based drug court program, may be required by the court
  218  following adjudication. Participation in assessment and
  219  treatment before prior to adjudication is shall be voluntary,
  220  except as provided in s. 39.407(16).
  221         (e) It is therefore the purpose of the Legislature to
  222  provide authority for the state to contract with mental health
  223  service providers and community substance abuse treatment
  224  providers for the development and operation of specialized
  225  support and overlay services for the dependency system, which
  226  will be fully implemented and used as resources permit.
  227         (f) Participation in a treatment-based mental health court
  228  program or a the treatment-based drug court program does not
  229  divest any public or private agency of its responsibility for a
  230  child or adult, but is intended to enable these agencies to
  231  better meet their needs through shared responsibility and
  232  resources.
  233         Section 3. Subsection (10) of section 39.507, Florida
  234  Statutes, is amended to read:
  235         39.507 Adjudicatory hearings; orders of adjudication.—
  236         (10) After an adjudication of dependency, or a finding of
  237  dependency where adjudication is withheld, the court may order a
  238  person who has custody or is requesting custody of the child to
  239  submit to a mental health or substance abuse disorder assessment
  240  or evaluation. The assessment or evaluation must be administered
  241  by a qualified professional, as defined in s. 397.311. The court
  242  may also require such person to participate in and comply with
  243  treatment and services identified as necessary, including, when
  244  appropriate and available, participation in and compliance with
  245  a mental health program established under chapter 394 or a
  246  treatment-based drug court program established under s. 397.334.
  247  In addition to supervision by the department, the court,
  248  including a treatment-based mental health court program or a the
  249  treatment-based drug court program, may oversee the progress and
  250  compliance with treatment by a person who has custody or is
  251  requesting custody of the child. The court may impose
  252  appropriate available sanctions for noncompliance upon a person
  253  who has custody or is requesting custody of the child or make a
  254  finding of noncompliance for consideration in determining
  255  whether an alternative placement of the child is in the child’s
  256  best interests. Any order entered under this subsection may be
  257  made only upon good cause shown. This subsection does not
  258  authorize placement of a child with a person seeking custody,
  259  other than the parent or legal custodian, who requires mental
  260  health or substance abuse disorder treatment.
  261         Section 4. Paragraph (b) of subsection (1) of section
  262  39.521, Florida Statutes, is amended to read:
  263         39.521 Disposition hearings; powers of disposition.—
  264         (1) A disposition hearing shall be conducted by the court,
  265  if the court finds that the facts alleged in the petition for
  266  dependency were proven in the adjudicatory hearing, or if the
  267  parents or legal custodians have consented to the finding of
  268  dependency or admitted the allegations in the petition, have
  269  failed to appear for the arraignment hearing after proper
  270  notice, or have not been located despite a diligent search
  271  having been conducted.
  272         (b) When any child is adjudicated by a court to be
  273  dependent, the court having jurisdiction of the child has the
  274  power by order to:
  275         1. Require the parent and, when appropriate, the legal
  276  custodian and the child to participate in treatment and services
  277  identified as necessary. The court may require the person who
  278  has custody or who is requesting custody of the child to submit
  279  to a mental illness or substance abuse disorder assessment or
  280  evaluation. The assessment or evaluation must be administered by
  281  a qualified professional, as defined in s. 397.311. The court
  282  may also require such person to participate in and comply with
  283  treatment and services identified as necessary, including, when
  284  appropriate and available, participation in and compliance with
  285  a mental health program established under chapter 394 or a
  286  treatment-based drug court program established under s. 397.334.
  287  In addition to supervision by the department, the court,
  288  including a treatment-based mental health court program or a the
  289  treatment-based drug court program, may oversee the progress and
  290  compliance with treatment by a person who has custody or is
  291  requesting custody of the child. The court may impose
  292  appropriate available sanctions for noncompliance upon a person
  293  who has custody or is requesting custody of the child or make a
  294  finding of noncompliance for consideration in determining
  295  whether an alternative placement of the child is in the child’s
  296  best interests. Any order entered under this subparagraph may be
  297  made only upon good cause shown. This subparagraph does not
  298  authorize placement of a child with a person seeking custody of
  299  the child, other than the child’s parent or legal custodian, who
  300  requires mental health or substance abuse treatment.
  301         2. Require, if the court deems necessary, the parties to
  302  participate in dependency mediation.
  303         3. Require placement of the child either under the
  304  protective supervision of an authorized agent of the department
  305  in the home of one or both of the child’s parents or in the home
  306  of a relative of the child or another adult approved by the
  307  court, or in the custody of the department. Protective
  308  supervision continues until the court terminates it or until the
  309  child reaches the age of 18, whichever date is first. Protective
  310  supervision shall be terminated by the court whenever the court
  311  determines that permanency has been achieved for the child,
  312  whether with a parent, another relative, or a legal custodian,
  313  and that protective supervision is no longer needed. The
  314  termination of supervision may be with or without retaining
  315  jurisdiction, at the court’s discretion, and shall in either
  316  case be considered a permanency option for the child. The order
  317  terminating supervision by the department must shall set forth
  318  the powers of the custodian of the child and shall include the
  319  powers ordinarily granted to a guardian of the person of a minor
  320  unless otherwise specified. Upon the court’s termination of
  321  supervision by the department, no further judicial reviews are
  322  not required if, so long as permanency has been established for
  323  the child.
  324         Section 5. Section 394.455, Florida Statutes, is amended to
  325  read:
  326         394.455 Definitions.—As used in this part, unless the
  327  context clearly requires otherwise, the term:
  328         (1) Access center” or “drop-off center means a facility
  329  staffed by medical, behavioral, and substance abuse
  330  professionals which provides emergency screening and evaluation
  331  for mental health or substance abuse disorders and may provide
  332  transportation to an appropriate facility if an individual is in
  333  need of more intensive services.
  334         (2) “Addictions receiving facility” means a secure, acute
  335  care facility that, at a minimum, provides emergency screening,
  336  evaluation, and short-term stabilization services; is operated
  337  24 hours per day, 7 days per week; and is designated by the
  338  department to serve individuals found to have substance abuse
  339  impairment who qualify for services under this part.
  340         (3)(1) “Administrator” means the chief administrative
  341  officer of a receiving or treatment facility or his or her
  342  designee.
  343         (4) “Adult” means an individual who is 18 years of age or
  344  older or who has had the disability of nonage removed under
  345  chapter 743.
  346         (5) “Advanced registered nurse practitioner” means any
  347  person licensed in this state to practice professional nursing
  348  who is certified in advanced or specialized nursing practice
  349  under s. 464.012.
  350         (2) “Clinical psychologist” means a psychologist as defined
  351  in s. 490.003(7) with 3 years of postdoctoral experience in the
  352  practice of clinical psychology, inclusive of the experience
  353  required for licensure, or a psychologist employed by a facility
  354  operated by the United States Department of Veterans Affairs
  355  that qualifies as a receiving or treatment facility under this
  356  part.
  357         (6)(3) “Clinical record” means all parts of the record
  358  required to be maintained and includes all medical records,
  359  progress notes, charts, and admission and discharge data, and
  360  all other information recorded by a facility staff which
  361  pertains to the patient’s hospitalization or treatment.
  362         (7)(4) “Clinical social worker” means a person licensed as
  363  a clinical social worker under s. 491.005 or s. 491.006 chapter
  364  491.
  365         (8)(5) “Community facility” means a any community service
  366  provider that contracts contracting with the department to
  367  furnish substance abuse or mental health services under part IV
  368  of this chapter.
  369         (9)(6) “Community mental health center or clinic” means a
  370  publicly funded, not-for-profit center that which contracts with
  371  the department for the provision of inpatient, outpatient, day
  372  treatment, or emergency services.
  373         (10)(7) “Court,” unless otherwise specified, means the
  374  circuit court.
  375         (11)(8) “Department” means the Department of Children and
  376  Families.
  377         (12)“Designated receiving facility” means a facility
  378  approved by the department which provides, at a minimum,
  379  emergency screening, evaluation, and short-term stabilization
  380  for mental health or substance abuse disorders, and which may
  381  have an agreement with a corresponding facility for
  382  transportation and services.
  383         (13) “Detoxification facility” means a facility licensed to
  384  provide detoxification services under chapter 397.
  385         (14) “Electronic means” is a form of telecommunication
  386  which requires all parties to maintain visual as well as audio
  387  communication.
  388         (15)(9) “Express and informed consent” means consent
  389  voluntarily given in writing, by a competent person, after
  390  sufficient explanation and disclosure of the subject matter
  391  involved to enable the person to make a knowing and willful
  392  decision without any element of force, fraud, deceit, duress, or
  393  other form of constraint or coercion.
  394         (16)(10) “Facility” means any hospital, community facility,
  395  public or private facility, or receiving or treatment facility
  396  providing for the evaluation, diagnosis, care, treatment,
  397  training, or hospitalization of persons who appear to have a
  398  mental illness or who have been diagnosed as having a mental
  399  illness or substance abuse impairment. The term “Facility” does
  400  not include a any program or an entity licensed under pursuant
  401  to chapter 400 or chapter 429.
  402         (17) “Governmental facility” means a facility owned,
  403  operated, or administered by the Department of Corrections or
  404  the United States Department of Veterans Affairs.
  405         (18)(11) “Guardian” means the natural guardian of a minor,
  406  or a person appointed by a court to act on behalf of a ward’s
  407  person if the ward is a minor or has been adjudicated
  408  incapacitated.
  409         (19)(12) “Guardian advocate” means a person appointed by a
  410  court to make decisions regarding mental health or substance
  411  abuse treatment on behalf of a patient who has been found
  412  incompetent to consent to treatment pursuant to this part. The
  413  guardian advocate may be granted specific additional powers by
  414  written order of the court, as provided in this part.
  415         (20)(13) “Hospital” means a hospital facility as defined in
  416  s. 395.002 and licensed under chapter 395 and part II of chapter
  417  408.
  418         (21)(14) “Incapacitated” means that a person has been
  419  adjudicated incapacitated pursuant to part V of chapter 744 and
  420  a guardian of the person has been appointed.
  421         (22)(15) “Incompetent to consent to treatment” means a
  422  state in which that a person’s judgment is so affected by a his
  423  or her mental illness, a substance abuse impairment, or any
  424  medical or organic cause that he or she the person lacks the
  425  capacity to make a well-reasoned, willful, and knowing decision
  426  concerning his or her medical, or mental health, or substance
  427  abuse treatment.
  428         (23) “Involuntary examination” means an examination
  429  performed under s. 394.463 or s. 397.675 to determine whether a
  430  person qualifies for involuntary outpatient services or
  431  involuntary inpatient placement.
  432         (24) “Involuntary services” means court-ordered outpatient
  433  services or inpatient placement for mental health treatment
  434  pursuant to s. 394.4655 or s. 394.467.
  435         (25)(16) “Law enforcement officer” has the same meaning as
  436  provided means a law enforcement officer as defined in s.
  437  943.10.
  438         (26) “Marriage and family therapist” means a person
  439  licensed to practice marriage and family therapy under s.
  440  491.005 or s. 491.006.
  441         (27) “Mental health counselor” means a person licensed to
  442  practice mental health counseling under s. 491.005 or s.
  443  491.006.
  444         (28)(17) “Mental health overlay program” means a mobile
  445  service that which provides an independent examination for
  446  voluntary admission admissions and a range of supplemental
  447  onsite services to persons with a mental illness in a
  448  residential setting such as a nursing home, an assisted living
  449  facility, or an adult family-care home, or a nonresidential
  450  setting such as an adult day care center. Independent
  451  examinations provided pursuant to this part through a mental
  452  health overlay program must only be provided under contract with
  453  the department for this service or be attached to a public
  454  receiving facility that is also a community mental health
  455  center.
  456         (29)(18) “Mental illness” means an impairment of the mental
  457  or emotional processes that exercise conscious control of one’s
  458  actions or of the ability to perceive or understand reality,
  459  which impairment substantially interferes with the person’s
  460  ability to meet the ordinary demands of living. For the purposes
  461  of this part, the term does not include a developmental
  462  disability as defined in chapter 393, intoxication, or
  463  conditions manifested only by antisocial behavior or substance
  464  abuse impairment.
  465         (30) “Minor” means an individual who is 17 years of age or
  466  younger and who has not had the disability of nonage removed
  467  pursuant to s. 743.01 or s. 743.015.
  468         (31)(19) “Mobile crisis response service” means a
  469  nonresidential crisis service attached to a public receiving
  470  facility and available 24 hours a day, 7 days a week, through
  471  which provides immediate intensive assessments and
  472  interventions, including screening for admission into a mental
  473  health receiving facility, an addictions receiving facility, or
  474  a detoxification facility, take place for the purpose of
  475  identifying appropriate treatment services.
  476         (32)(20) “Patient” means any person who is held or accepted
  477  for mental health or substance abuse treatment.
  478         (33)(21) “Physician” means a medical practitioner licensed
  479  under chapter 458 or chapter 459 who has experience in the
  480  diagnosis and treatment of mental and nervous disorders or a
  481  physician employed by a facility operated by the United States
  482  Department of Veterans Affairs or the United States Department
  483  of Defense which qualifies as a receiving or treatment facility
  484  under this part.
  485         (34) “Physician assistant” means a person licensed under
  486  chapter 458 or chapter 459 who has experience in the diagnosis
  487  and treatment of mental disorders.
  488         (35)(22) “Private facility” means any hospital or facility
  489  operated by a for-profit or not-for-profit corporation or
  490  association which that provides mental health or substance abuse
  491  services and is not a public facility.
  492         (36)(23) “Psychiatric nurse” means an advanced registered
  493  nurse practitioner certified under s. 464.012 who has a master’s
  494  or doctoral degree in psychiatric nursing, holds a national
  495  advanced practice certification as a psychiatric mental health
  496  advanced practice nurse, and has 2 years of post-master’s
  497  clinical experience under the supervision of a physician.
  498         (37)(24) “Psychiatrist” means a medical practitioner
  499  licensed under chapter 458 or chapter 459 who has primarily
  500  diagnosed and treated mental and nervous disorders for at least
  501  a period of not less than 3 years, inclusive of psychiatric
  502  residency.
  503         (38) “Psychologist” has the same meaning as provided in s.
  504  490.003 or means a psychologist employed by a facility operated
  505  by the United States Department of Veterans Affairs which
  506  qualifies as a receiving or treatment facility under this part.
  507         (39)(25) “Public facility” means a any facility that has
  508  contracted with the department to provide mental health or
  509  substance abuse services to all persons, regardless of their
  510  ability to pay, and is receiving state funds for such purpose.
  511         (40) “Qualified professional” means a physician or a
  512  physician assistant licensed under chapter 458 or chapter 459; a
  513  professional licensed under chapter 490 or chapter 491; a
  514  psychiatrist licensed under chapter 458 or chapter 459; or a
  515  psychiatric nurse as defined in subsection (36).
  516         (41)(26) “Receiving facility” means any public or private
  517  facility designated by the department to receive and hold or
  518  refer, as appropriate, involuntary patients under emergency
  519  conditions or for mental health or substance abuse psychiatric
  520  evaluation and to provide short-term treatment or transportation
  521  to the appropriate service provider. The term does not include a
  522  county jail.
  523         (42)(27) “Representative” means a person selected to
  524  receive notice of proceedings during the time a patient is held
  525  in or admitted to a receiving or treatment facility.
  526         (43)(28)(a) “Restraint” means: a physical device, method,
  527  or drug used to control behavior.
  528         (a) A physical restraint, including is any manual method or
  529  physical or mechanical device, material, or equipment attached
  530  or adjacent to an the individual’s body so that he or she cannot
  531  easily remove the restraint and which restricts freedom of
  532  movement or normal access to one’s body. Physical restraint
  533  includes the physical holding of a person during a procedure to
  534  forcibly administer psychotropic medication. Physical restraint
  535  does not include physical devices such as orthopedically
  536  prescribed appliances, surgical dressings and bandages,
  537  supportive body bands, or other physical holding when necessary
  538  for routine physical examinations and tests or for purposes of
  539  orthopedic, surgical, or other similar medical treatment, when
  540  used to provide support for the achievement of functional body
  541  position or proper balance, or when used to protect a person
  542  from falling out of bed.
  543         (b) A drug or used as a restraint is a medication used to
  544  control a the person’s behavior or to restrict his or her
  545  freedom of movement which and is not part of the standard
  546  treatment regimen of a person with a diagnosed mental illness
  547  who is a client of the department. Physically holding a person
  548  during a procedure to forcibly administer psychotropic
  549  medication is a physical restraint.
  550         (c) Restraint does not include physical devices, such as
  551  orthopedically prescribed appliances, surgical dressings and
  552  bandages, supportive body bands, or other physical holding when
  553  necessary for routine physical examinations and tests; or for
  554  purposes of orthopedic, surgical, or other similar medical
  555  treatment; when used to provide support for the achievement of
  556  functional body position or proper balance; or when used to
  557  protect a person from falling out of bed.
  558         (44) “School psychologist” has the same meaning as in s.
  559  490.003.
  560         (45)(29) “Seclusion” means the physical segregation of a
  561  person in any fashion or involuntary isolation of a person in a
  562  room or area from which the person is prevented from leaving.
  563  The prevention may be by physical barrier or by a staff member
  564  who is acting in a manner, or who is physically situated, so as
  565  to prevent the person from leaving the room or area. For
  566  purposes of this part chapter, the term does not mean isolation
  567  due to a person’s medical condition or symptoms.
  568         (46)(30) “Secretary” means the Secretary of Children and
  569  Families.
  570         (47) “Service provider” means a receiving facility, any
  571  facility licensed under chapter 397, a treatment facility, an
  572  entity under contract with the department to provide mental
  573  health or substance abuse services, a community mental health
  574  center or clinic, a psychologist, a clinical social worker, a
  575  marriage and family therapist, a mental health counselor, a
  576  physician, a psychiatrist, an advanced registered nurse
  577  practitioner, a psychiatric nurse, or a qualified professional
  578  as defined in this section.
  579         (48) “Substance abuse impairment” means a condition
  580  involving the use of alcoholic beverages or any psychoactive or
  581  mood-altering substance in such a manner as to induce mental,
  582  emotional, or physical problems and cause socially dysfunctional
  583  behavior.
  584         (49)(31) “Transfer evaluation” means the process by which,
  585  as approved by the appropriate district office of the
  586  department, whereby a person who is being considered for
  587  placement in a state treatment facility is first evaluated for
  588  appropriateness of admission to a state treatment the facility
  589  by a community-based public receiving facility or by a community
  590  mental health center or clinic if the public receiving facility
  591  is not a community mental health center or clinic.
  592         (50)(32) “Treatment facility” means a any state-owned,
  593  state-operated, or state-supported hospital, center, or clinic
  594  designated by the department for extended treatment and
  595  hospitalization, beyond that provided for by a receiving
  596  facility, of persons who have a mental illness or substance
  597  abuse disorders, including facilities of the United States
  598  Government, and any private facility designated by the
  599  department when rendering such services to a person pursuant to
  600  the provisions of this part. Patients treated in facilities of
  601  the United States Government shall be solely those whose care is
  602  the responsibility of the United States Department of Veterans
  603  Affairs.
  604         (51) “Triage center” means a facility that is staffed by
  605  medical, behavioral, and substance abuse professionals who
  606  provide emergency screening and evaluation of individuals
  607  transported to the center by a law enforcement officer.
  608         (33) “Service provider” means any public or private
  609  receiving facility, an entity under contract with the Department
  610  of Children and Families to provide mental health services, a
  611  clinical psychologist, a clinical social worker, a marriage and
  612  family therapist, a mental health counselor, a physician, a
  613  psychiatric nurse as defined in subsection (23), or a community
  614  mental health center or clinic as defined in this part.
  615         (34) “Involuntary examination” means an examination
  616  performed under s. 394.463 to determine if an individual
  617  qualifies for involuntary inpatient treatment under s.
  618  394.467(1) or involuntary outpatient treatment under s.
  619  394.4655(1).
  620         (35) “Involuntary placement” means either involuntary
  621  outpatient treatment pursuant to s. 394.4655 or involuntary
  622  inpatient treatment pursuant to s. 394.467.
  623         (36) “Marriage and family therapist” means a person
  624  licensed as a marriage and family therapist under chapter 491.
  625         (37) “Mental health counselor” means a person licensed as a
  626  mental health counselor under chapter 491.
  627         (38) “Electronic means” means a form of telecommunication
  628  that requires all parties to maintain visual as well as audio
  629  communication.
  630         Section 6. Section 394.4573, Florida Statutes, is amended
  631  to read:
  632         394.4573 Coordinated system of care; annual assessment;
  633  essential elements Continuity of care management system;
  634  measures of performance; system improvement grants; reports.—On
  635  or before October 1 of each year, the department shall submit to
  636  the Governor, the President of the Senate, and the Speaker of
  637  the House of Representatives an assessment of the behavioral
  638  health services in this state in the context of the No-Wrong
  639  Door model and standards set forth in this section. The
  640  department’s assessment shall be based on both quantitative and
  641  qualitative data and must identify any significant regional
  642  variations. The assessment must include information gathered
  643  from managing entities, service providers, law enforcement,
  644  judicial officials, local governments, behavioral health
  645  consumers and their family members, and the public.
  646         (1) As used in For the purposes of this section:
  647         (a) “Case management” means those direct services provided
  648  to a client in order to assess his or her activities aimed at
  649  assessing client needs, plan or arrange planning services,
  650  coordinate service providers, monitor linking the service system
  651  to a client, coordinating the various system components,
  652  monitoring service delivery, and evaluate patient outcomes
  653  evaluating the effect of service delivery.
  654         (b) “Case manager” means an individual who works with
  655  clients, and their families and significant others, to provide
  656  case management.
  657         (c) “Client manager” means an employee of the managing
  658  entity or entity under contract with the managing entity
  659  department who is assigned to specific provider agencies and
  660  geographic areas to ensure that the full range of needed
  661  services is available to clients.
  662         (d) “Coordinated system Continuity of care management
  663  system” means a system that assures, within available resources,
  664  that clients have access to the full array of behavioral and
  665  related services in a region or community offered by all service
  666  providers, whether participating under contract with the
  667  managing entity or another method of community partnership or
  668  mutual agreement within the mental health services delivery
  669  system.
  670         (e) “No-Wrong-Door model” means a model for the delivery of
  671  health care services to persons who have mental health or
  672  substance abuse disorders, or both, which optimizes access to
  673  care, regardless of the entry point to the behavioral health
  674  care system.
  675         (2) The essential elements of a coordinated system of care
  676  include:
  677         (a) Community interventions, such as prevention, primary
  678  care for behavioral health needs, therapeutic and supportive
  679  services, crisis response services, and diversion programs.
  680         (b) A designated receiving system consisting of one or more
  681  facilities serving a defined geographic area and responsible for
  682  assessment and evaluation, both voluntary and involuntary, and
  683  treatment or triage for patients who present with mental
  684  illness, substance abuse disorder, or co-occurring disorders.
  685  The system must be authorized by each county or by several
  686  counties, planned through an inclusive process, approved by the
  687  managing entity, and documented through written memoranda of
  688  agreement or other binding arrangements. The designated
  689  receiving system may be organized in any of the following ways
  690  so long as it functions as a No-Wrong-Door model that responds
  691  to individual needs and integrates services among various
  692  providers:
  693         1. A central receiving system, which consists of a
  694  designated central receiving facility that serves as a single
  695  entry point for persons with mental health or substance abuse
  696  disorders, or both. The designated receiving facility must be
  697  capable of assessment, evaluation, and triage or treatment for
  698  various conditions and circumstances.
  699         2. A coordinated receiving system, which consists of
  700  multiple entry points that are linked by shared data systems,
  701  formal referral agreements, and cooperative arrangements for
  702  care coordination and case management. Each entry point must be
  703  a designated receiving facility and must provide or arrange for
  704  necessary services following an initial assessment and
  705  evaluation.
  706         3. A tiered receiving system, which consists of multiple
  707  entry points, some of which offer only specialized or limited
  708  services. Each service provider participating in the tiered
  709  receiving system must be classified as a designated receiving
  710  facility, a triage center, or an access center. All
  711  participating service providers must be linked by shared data
  712  systems, formal referral agreements, and cooperative
  713  arrangements for care coordination and case management. An
  714  accurate inventory of the participating service providers which
  715  specifies the capabilities and limitations of each provider must
  716  be maintained and made available at all times to all first
  717  responders in the service area.
  718         (c) Transportation in accordance with a plan developed
  719  under s. 394.462.
  720         (d) Crisis services, including mobile response teams,
  721  crisis stabilization units, addiction receiving facilities, and
  722  detoxification facilities.
  723         (e) Case management, including intensive case management
  724  for individuals determined to be high-need or high-utilization
  725  individuals under s. 394.9082(2)(e).
  726         (f) Outpatient services.
  727         (g) Residential services.
  728         (h) Hospital inpatient care.
  729         (i) Aftercare and other post-discharge services.
  730         (j) Medication assistance and management.
  731         (k) Recovery support, including housing assistance and
  732  support for competitive employment, educational attainment,
  733  independent living skills development, family support and
  734  education, and wellness management and self-care.
  735         (3) The department’s annual assessment must compare the
  736  status and performance of the extant behavioral health system
  737  with the following standards and any other standards or measures
  738  that the department determines to be applicable.
  739         (a) The capacity of the contracted service providers to
  740  meet estimated need when such estimates are based on credible
  741  evidence and sound methodologies.
  742         (b) The extent to which the behavioral health system uses
  743  evidence-based practices and broadly disseminates the results of
  744  quality improvement activities to all service providers.
  745         (c) The degree to which services are offered in the least
  746  restrictive and most appropriate therapeutic environment.
  747         (d) The scope of systemwide accountability activities used
  748  to monitor patient outcomes and measure continuous improvement
  749  in the behavioral health system.
  750         (4) Subject to a specific appropriation by the Legislature,
  751  the department may award system improvement grants to managing
  752  entities based on the submission of a detailed plan to enhance
  753  services, coordination, or performance measurement in accordance
  754  with the model and standards specified in this section. Such a
  755  grant must be awarded through a performance-based contract that
  756  links payments to the documented and measurable achievement of
  757  system improvements The department is directed to implement a
  758  continuity of care management system for the provision of mental
  759  health care, through the provision of client and case
  760  management, including clients referred from state treatment
  761  facilities to community mental health facilities. Such system
  762  shall include a network of client managers and case managers
  763  throughout the state designed to:
  764         (a) Reduce the possibility of a client’s admission or
  765  readmission to a state treatment facility.
  766         (b) Provide for the creation or designation of an agency in
  767  each county to provide single intake services for each person
  768  seeking mental health services. Such agency shall provide
  769  information and referral services necessary to ensure that
  770  clients receive the most appropriate and least restrictive form
  771  of care, based on the individual needs of the person seeking
  772  treatment. Such agency shall have a single telephone number,
  773  operating 24 hours per day, 7 days per week, where practicable,
  774  at a central location, where each client will have a central
  775  record.
  776         (c) Advocate on behalf of the client to ensure that all
  777  appropriate services are afforded to the client in a timely and
  778  dignified manner.
  779         (d) Require that any public receiving facility initiating a
  780  patient transfer to a licensed hospital for acute care mental
  781  health services not accessible through the public receiving
  782  facility shall notify the hospital of such transfer and send all
  783  records relating to the emergency psychiatric or medical
  784  condition.
  785         (3) The department is directed to develop and include in
  786  contracts with service providers measures of performance with
  787  regard to goals and objectives as specified in the state plan.
  788  Such measures shall use, to the extent practical, existing data
  789  collection methods and reports and shall not require, as a
  790  result of this subsection, additional reports on the part of
  791  service providers. The department shall plan monitoring visits
  792  of community mental health facilities with other state, federal,
  793  and local governmental and private agencies charged with
  794  monitoring such facilities.
  795         Section 7. Paragraphs (d) and (e) of subsection (2) of
  796  section 394.4597, Florida Statutes, are amended to read:
  797         394.4597 Persons to be notified; patient’s representative.—
  798         (2) INVOLUNTARY PATIENTS.—
  799         (d) When the receiving or treatment facility selects a
  800  representative, first preference shall be given to a health care
  801  surrogate, if one has been previously selected by the patient.
  802  If the patient has not previously selected a health care
  803  surrogate, the selection, except for good cause documented in
  804  the patient’s clinical record, shall be made from the following
  805  list in the order of listing:
  806         1. The patient’s spouse.
  807         2. An adult child of the patient.
  808         3. A parent of the patient.
  809         4. The adult next of kin of the patient.
  810         5. An adult friend of the patient.
  811         6. The appropriate Florida local advocacy council as
  812  provided in s. 402.166.
  813         (e) The following persons are prohibited from selection as
  814  a patient’s representative:
  815         1. A professional providing clinical services to the
  816  patient under this part.
  817         2. The licensed professional who initiated the involuntary
  818  examination of the patient, if the examination was initiated by
  819  professional certificate.
  820         3. An employee, an administrator, or a board member of the
  821  facility providing the examination of the patient.
  822         4. An employee, an administrator, or a board member of a
  823  treatment facility providing treatment for the patient.
  824         5. A person providing any substantial professional services
  825  to the patient, including clinical and nonclinical services.
  826         6. A creditor of the patient.
  827         7. A person subject to an injunction for protection against
  828  domestic violence under s. 741.30, whether the order of
  829  injunction is temporary or final, and for which the patient was
  830  the petitioner.
  831         8. A person subject to an injunction for protection against
  832  repeat violence, sexual violence, or dating violence under s.
  833  784.046, whether the order of injunction is temporary or final,
  834  and for which the patient was the petitioner A licensed
  835  professional providing services to the patient under this part,
  836  an employee of a facility providing direct services to the
  837  patient under this part, a department employee, a person
  838  providing other substantial services to the patient in a
  839  professional or business capacity, or a creditor of the patient
  840  shall not be appointed as the patient’s representative.
  841         Section 8. Present subsections (2) through (7) of section
  842  394.4598, Florida Statutes, are redesignated as subsections (3)
  843  through (8), respectively, a new subsection (2) is added to that
  844  section, and present subsections (3) and (4) of that section are
  845  amended, to read:
  846         394.4598 Guardian advocate.—
  847         (2) The following persons are prohibited from appointment
  848  as a patient’s guardian advocate:
  849         (a) A professional providing clinical services to the
  850  patient under this part.
  851         (b) The licensed professional who initiated the involuntary
  852  examination of the patient, if the examination was initiated by
  853  professional certificate.
  854         (c) An employee, an administrator, or a board member of the
  855  facility providing the examination of the patient.
  856         (d) An employee, an administrator, or a board member of a
  857  treatment facility providing treatment of the patient.
  858         (e) A person providing any substantial professional
  859  services to the patient, including clinical and nonclinical
  860  services.
  861         (f) A creditor of the patient.
  862         (g) A person subject to an injunction for protection
  863  against domestic violence under s. 741.30, whether the order of
  864  injunction is temporary or final, and for which the patient was
  865  the petitioner.
  866         (h) A person subject to an injunction for protection
  867  against repeat violence, sexual violence, or dating violence
  868  under s. 784.046, whether the order of injunction is temporary
  869  or final, and for which the patient was the petitioner.
  870         (4)(3)In lieu of the training required of guardians
  871  appointed pursuant to chapter 744, Prior to a guardian advocate
  872  must attend at least a 4-hour training course approved by the
  873  court before exercising his or her authority, the guardian
  874  advocate shall attend a training course approved by the court.
  875  At a minimum, this training course, of not less than 4 hours,
  876  must include, at minimum, information about the patient rights,
  877  psychotropic medications, the diagnosis of mental illness, the
  878  ethics of medical decisionmaking, and duties of guardian
  879  advocates. This training course shall take the place of the
  880  training required for guardians appointed pursuant to chapter
  881  744.
  882         (5)(4) The required training course and the information to
  883  be supplied to prospective guardian advocates before prior to
  884  their appointment and the training course for guardian advocates
  885  must be developed and completed through a course developed by
  886  the department, and approved by the chief judge of the circuit
  887  court, and taught by a court-approved organization, which.
  888  Court-approved organizations may include, but is are not limited
  889  to, a community college community or junior colleges, a
  890  guardianship organization guardianship organizations, a and the
  891  local bar association, or The Florida Bar. The court may, in its
  892  discretion, waive some or all of the training requirements for
  893  guardian advocates or impose additional requirements. The court
  894  shall make its decision on a case-by-case basis and, in making
  895  its decision, shall consider the experience and education of the
  896  guardian advocate, the duties assigned to the guardian advocate,
  897  and the needs of the patient.
  898         Section 9. Section 394.462, Florida Statutes, is amended to
  899  read:
  900         394.462 Transportation.—A transportation plan must be
  901  developed and implemented in each county in accordance with this
  902  section. A county may enter into a memorandum of understanding
  903  with the governing boards of nearby counties to establish a
  904  shared transportation plan. When multiple counties enter into a
  905  memorandum of understanding for this purpose, the managing
  906  entity must be notified and provided a copy of the agreement.
  907  The transportation plan must specify methods of transport to a
  908  facility within the designated receiving system and may delegate
  909  responsibility for other transportation to a participating
  910  facility when necessary and agreed to by the facility. The plan
  911  must ensure that individuals who meet the criteria for
  912  involuntary assessment and evaluation pursuant to ss. 394.463
  913  and 397.675 will be transported. The plan may rely on emergency
  914  medical transport services or private transport companies as
  915  appropriate.
  916         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  917         (a) Each county shall designate a single law enforcement
  918  agency within the county, or portions thereof, to take a person
  919  into custody upon the entry of an ex parte order or the
  920  execution of a certificate for involuntary examination by an
  921  authorized professional and to transport that person to an
  922  appropriate facility within the designated receiving system the
  923  nearest receiving facility for examination.
  924         (b)1. The designated law enforcement agency may decline to
  925  transport the person to a receiving facility only if:
  926         a.1. The jurisdiction designated by the county has
  927  contracted on an annual basis with an emergency medical
  928  transport service or private transport company for
  929  transportation of persons to receiving facilities pursuant to
  930  this section at the sole cost of the county; and
  931         b.2. The law enforcement agency and the emergency medical
  932  transport service or private transport company agree that the
  933  continued presence of law enforcement personnel is not necessary
  934  for the safety of the person or others.
  935         2.3. The entity providing transportation jurisdiction
  936  designated by the county may seek reimbursement for
  937  transportation expenses. The party responsible for payment for
  938  such transportation is the person receiving the transportation.
  939  The county shall seek reimbursement from the following sources
  940  in the following order:
  941         a. From a private or public third-party payor an insurance
  942  company, health care corporation, or other source, if the person
  943  receiving the transportation has applicable coverage is covered
  944  by an insurance policy or subscribes to a health care
  945  corporation or other source for payment of such expenses.
  946         b. From the person receiving the transportation.
  947         c. From a financial settlement for medical care, treatment,
  948  hospitalization, or transportation payable or accruing to the
  949  injured party.
  950         (c)(b)A Any company that transports a patient pursuant to
  951  this subsection is considered an independent contractor and is
  952  solely liable for the safe and dignified transport
  953  transportation of the patient. Such company must be insured and
  954  provide no less than $100,000 in liability insurance with
  955  respect to the transport transportation of patients.
  956         (d)(c) Any company that contracts with a governing board of
  957  a county to transport patients shall comply with the applicable
  958  rules of the department to ensure the safety and dignity of the
  959  patients.
  960         (e)(d) When a law enforcement officer takes custody of a
  961  person pursuant to this part, the officer may request assistance
  962  from emergency medical personnel if such assistance is needed
  963  for the safety of the officer or the person in custody.
  964         (f)(e) When a member of a mental health overlay program or
  965  a mobile crisis response service is a professional authorized to
  966  initiate an involuntary examination pursuant to s. 394.463 or s.
  967  397.675 and that professional evaluates a person and determines
  968  that transportation to a receiving facility is needed, the
  969  service, at its discretion, may transport the person to the
  970  facility or may call on the law enforcement agency or other
  971  transportation arrangement best suited to the needs of the
  972  patient.
  973         (g)(f) When any law enforcement officer has custody of a
  974  person based on either noncriminal or minor criminal behavior
  975  that meets the statutory guidelines for involuntary examination
  976  under this part, the law enforcement officer shall transport the
  977  person to an appropriate the nearest receiving facility within
  978  the designated receiving system for examination.
  979         (h)(g) When any law enforcement officer has arrested a
  980  person for a felony and it appears that the person meets the
  981  statutory guidelines for involuntary examination or placement
  982  under this part, such person must shall first be processed in
  983  the same manner as any other criminal suspect. The law
  984  enforcement agency shall thereafter immediately notify the
  985  appropriate nearest public receiving facility within the
  986  designated receiving system, which shall be responsible for
  987  promptly arranging for the examination and treatment of the
  988  person. A receiving facility is not required to admit a person
  989  charged with a crime for whom the facility determines and
  990  documents that it is unable to provide adequate security, but
  991  shall provide mental health examination and treatment to the
  992  person where he or she is held.
  993         (i)(h) If the appropriate law enforcement officer believes
  994  that a person has an emergency medical condition as defined in
  995  s. 395.002, the person may be first transported to a hospital
  996  for emergency medical treatment, regardless of whether the
  997  hospital is a designated receiving facility.
  998         (j)(i) The costs of transportation, evaluation,
  999  hospitalization, and treatment incurred under this subsection by
 1000  persons who have been arrested for violations of any state law
 1001  or county or municipal ordinance may be recovered as provided in
 1002  s. 901.35.
 1003         (k)(j) The nearest receiving facility within the designated
 1004  receiving system must accept persons brought by law enforcement
 1005  officers, an emergency medical transport service, or a private
 1006  transport company for involuntary examination.
 1007         (l)(k) Each law enforcement agency designated pursuant to
 1008  paragraph (a) shall establish a policy that develop a memorandum
 1009  of understanding with each receiving facility within the law
 1010  enforcement agency’s jurisdiction which reflects a single set of
 1011  protocols approved by the managing entity for the safe and
 1012  secure transportation of the person and transfer of custody of
 1013  the person. These protocols must also address crisis
 1014  intervention measures.
 1015         (m)(l) When a jurisdiction has entered into a contract with
 1016  an emergency medical transport service or a private transport
 1017  company for transportation of persons to receiving facilities
 1018  within the designated receiving system, such service or company
 1019  shall be given preference for transportation of persons from
 1020  nursing homes, assisted living facilities, adult day care
 1021  centers, or adult family-care homes, unless the behavior of the
 1022  person being transported is such that transportation by a law
 1023  enforcement officer is necessary.
 1024         (n)(m)Nothing in This section may not shall be construed
 1025  to limit emergency examination and treatment of incapacitated
 1026  persons provided in accordance with the provisions of s.
 1027  401.445.
 1028         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
 1029         (a) If neither the patient nor any person legally obligated
 1030  or responsible for the patient is able to pay for the expense of
 1031  transporting a voluntary or involuntary patient to a treatment
 1032  facility, the transportation plan established by the governing
 1033  board of the county or counties must specify how in which the
 1034  hospitalized patient will be transported to, from, and between
 1035  facilities in a is hospitalized shall arrange for such required
 1036  transportation and shall ensure the safe and dignified manner
 1037  transportation of the patient. The governing board of each
 1038  county is authorized to contract with private transport
 1039  companies for the transportation of such patients to and from a
 1040  treatment facility.
 1041         (b) A Any company that transports a patient pursuant to
 1042  this subsection is considered an independent contractor and is
 1043  solely liable for the safe and dignified transportation of the
 1044  patient. Such company must be insured and provide no less than
 1045  $100,000 in liability insurance with respect to the transport
 1046  transportation of patients.
 1047         (c) A Any company that contracts with one or more counties
 1048  the governing board of a county to transport patients in
 1049  accordance with this section shall comply with the applicable
 1050  rules of the department to ensure the safety and dignity of the
 1051  patients.
 1052         (d) County or municipal law enforcement and correctional
 1053  personnel and equipment may shall not be used to transport
 1054  patients adjudicated incapacitated or found by the court to meet
 1055  the criteria for involuntary placement pursuant to s. 394.467,
 1056  except in small rural counties where there are no cost-efficient
 1057  alternatives.
 1058         (3) TRANSFER OF CUSTODY.—Custody of a person who is
 1059  transported pursuant to this part, along with related
 1060  documentation, shall be relinquished to a responsible individual
 1061  at the appropriate receiving or treatment facility.
 1062         (4) EXCEPTIONS.—An exception to the requirements of this
 1063  section may be granted by the secretary of the department for
 1064  the purposes of improving service coordination or better meeting
 1065  the special needs of individuals. A proposal for an exception
 1066  must be submitted by the district administrator after being
 1067  approved by the governing boards of any affected counties, prior
 1068  to submission to the secretary.
 1069         (a) A proposal for an exception must identify the specific
 1070  provision from which an exception is requested; describe how the
 1071  proposal will be implemented by participating law enforcement
 1072  agencies and transportation authorities; and provide a plan for
 1073  the coordination of services such as case management.
 1074         (b) The exception may be granted only for:
 1075         1. An arrangement centralizing and improving the provision
 1076  of services within a district, which may include an exception to
 1077  the requirement for transportation to the nearest receiving
 1078  facility;
 1079         2. An arrangement by which a facility may provide, in
 1080  addition to required psychiatric services, an environment and
 1081  services which are uniquely tailored to the needs of an
 1082  identified group of persons with special needs, such as persons
 1083  with hearing impairments or visual impairments, or elderly
 1084  persons with physical frailties; or
 1085         3. A specialized transportation system that provides an
 1086  efficient and humane method of transporting patients to
 1087  receiving facilities, among receiving facilities, and to
 1088  treatment facilities.
 1089         (c) Any exception approved pursuant to this subsection
 1090  shall be reviewed and approved every 5 years by the secretary.
 1091         Section 10. Subsection (2) of section 394.463, Florida
 1092  Statutes, is amended to read:
 1093         394.463 Involuntary examination.—
 1094         (2) INVOLUNTARY EXAMINATION.—
 1095         (a) An involuntary examination may be initiated by any one
 1096  of the following means:
 1097         1. A circuit or county court may enter an ex parte order
 1098  stating that a person appears to meet the criteria for
 1099  involuntary examination and specifying, giving the findings on
 1100  which that conclusion is based. The ex parte order for
 1101  involuntary examination must be based on written or oral sworn
 1102  testimony that includes specific facts that support the
 1103  findings, written or oral. If other, less restrictive, means are
 1104  not available, such as voluntary appearance for outpatient
 1105  evaluation, a law enforcement officer, or other designated agent
 1106  of the court, shall take the person into custody and deliver him
 1107  or her to an appropriate the nearest receiving facility within
 1108  the designated receiving system for involuntary examination. The
 1109  order of the court shall be made a part of the patient’s
 1110  clinical record. A No fee may not shall be charged for the
 1111  filing of an order under this subsection. Any receiving facility
 1112  accepting the patient based on this order must send a copy of
 1113  the order to the managing entity in the region and to the
 1114  department Agency for Health Care Administration on the next
 1115  working day. The order shall be valid only until the person is
 1116  delivered to the appropriate facility executed or, if not
 1117  executed, for the period specified in the order itself,
 1118  whichever comes first. If no time limit is specified in the
 1119  order, the order shall be valid for 7 days after the date that
 1120  the order was signed.
 1121         2. A law enforcement officer shall take a person who
 1122  appears to meet the criteria for involuntary examination into
 1123  custody and deliver the person or have him or her delivered to
 1124  the appropriate nearest receiving facility within the designated
 1125  receiving system for examination. The officer shall execute a
 1126  written report detailing the circumstances under which the
 1127  person was taken into custody, which must and the report shall
 1128  be made a part of the patient’s clinical record. Any receiving
 1129  facility accepting the patient based on this report must send a
 1130  copy of the report to the department and the managing entity
 1131  Agency for Health Care Administration on the next working day.
 1132         3. A physician, clinical psychologist, psychiatric nurse,
 1133  mental health counselor, marriage and family therapist, or
 1134  clinical social worker may execute a certificate stating that he
 1135  or she has examined a person within the preceding 48 hours and
 1136  finds that the person appears to meet the criteria for
 1137  involuntary examination and stating the observations upon which
 1138  that conclusion is based. If other, less restrictive means, such
 1139  as voluntary appearance for outpatient evaluation, are not
 1140  available, such as voluntary appearance for outpatient
 1141  evaluation, a law enforcement officer shall take into custody
 1142  the person named in the certificate into custody and deliver him
 1143  or her to the appropriate nearest receiving facility within the
 1144  designated receiving system for involuntary examination. The law
 1145  enforcement officer shall execute a written report detailing the
 1146  circumstances under which the person was taken into custody. The
 1147  report and certificate shall be made a part of the patient’s
 1148  clinical record. Any receiving facility accepting the patient
 1149  based on this certificate must send a copy of the certificate to
 1150  the managing entity and the department Agency for Health Care
 1151  Administration on the next working day.
 1152         (b) A person may shall not be removed from any program or
 1153  residential placement licensed under chapter 400 or chapter 429
 1154  and transported to a receiving facility for involuntary
 1155  examination unless an ex parte order, a professional
 1156  certificate, or a law enforcement officer’s report is first
 1157  prepared. If the condition of the person is such that
 1158  preparation of a law enforcement officer’s report is not
 1159  practicable before removal, the report shall be completed as
 1160  soon as possible after removal, but in any case before the
 1161  person is transported to a receiving facility. A receiving
 1162  facility admitting a person for involuntary examination who is
 1163  not accompanied by the required ex parte order, professional
 1164  certificate, or law enforcement officer’s report shall notify
 1165  the managing entity and the department Agency for Health Care
 1166  Administration of such admission by certified mail or by
 1167  electronic means if available, by no later than the next working
 1168  day. The provisions of this paragraph do not apply when
 1169  transportation is provided by the patient’s family or guardian.
 1170         (c) A law enforcement officer acting in accordance with an
 1171  ex parte order issued pursuant to this subsection may serve and
 1172  execute such order on any day of the week, at any time of the
 1173  day or night.
 1174         (d) A law enforcement officer acting in accordance with an
 1175  ex parte order issued pursuant to this subsection may use such
 1176  reasonable physical force as is necessary to gain entry to the
 1177  premises, and any dwellings, buildings, or other structures
 1178  located on the premises, and to take custody of the person who
 1179  is the subject of the ex parte order.
 1180         (e) The managing entity and the department Agency for
 1181  Health Care Administration shall receive and maintain the copies
 1182  of ex parte petitions and orders, involuntary outpatient
 1183  services placement orders issued pursuant to s. 394.4655,
 1184  involuntary inpatient placement orders issued pursuant to s.
 1185  394.467, professional certificates, and law enforcement
 1186  officers’ reports. These documents shall be considered part of
 1187  the clinical record, governed by the provisions of s. 394.4615.
 1188  These documents shall be provided by the department to the
 1189  Agency for Health Care Administration and used by the agency to
 1190  The agency shall prepare annual reports analyzing the data
 1191  obtained from these documents, without information identifying
 1192  patients, and shall provide copies of reports to the department,
 1193  the President of the Senate, the Speaker of the House of
 1194  Representatives, and the minority leaders of the Senate and the
 1195  House of Representatives.
 1196         (f) A patient shall be examined by a physician or, a
 1197  psychologist clinical psychologist, or by a psychiatric nurse
 1198  performing within the framework of an established protocol with
 1199  a psychiatrist at a receiving facility without unnecessary delay
 1200  to determine if the criteria for involuntary services are met.
 1201  Emergency treatment may be provided and may, upon the order of a
 1202  physician, if the physician determines be given emergency
 1203  treatment if it is determined that such treatment is necessary
 1204  for the safety of the patient or others. The patient may not be
 1205  released by the receiving facility or its contractor without the
 1206  documented approval of a psychiatrist or a psychologist clinical
 1207  psychologist or, if the receiving facility is owned or operated
 1208  by a hospital or health system, the release may also be approved
 1209  by a psychiatric nurse performing within the framework of an
 1210  established protocol with a psychiatrist, or an attending
 1211  emergency department physician with experience in the diagnosis
 1212  and treatment of mental illness and nervous disorders and after
 1213  completion of an involuntary examination pursuant to this
 1214  subsection. A psychiatric nurse may not approve the release of a
 1215  patient if the involuntary examination was initiated by a
 1216  psychiatrist unless the release is approved by the initiating
 1217  psychiatrist. However, a patient may not be held in a receiving
 1218  facility for involuntary examination longer than 72 hours.
 1219         (g) A person may not be held for involuntary examination
 1220  for more than 72 hours from the time of his or her arrival at
 1221  the facility. Based on the person’s needs, one of the following
 1222  actions must be taken within the involuntary examination period:
 1223         1. The person must be released with the approval of a
 1224  physician, psychiatrist, psychiatric nurse, or psychologist.
 1225  However, if the examination is conducted in a hospital, an
 1226  attending emergency department physician with experience in the
 1227  diagnosis and treatment of mental illness may approve the
 1228  release. The professional approving the release must have
 1229  personally conducted the involuntary examination.
 1230         2. The person must be asked to give express and informed
 1231  consent for voluntary admission if a physician, psychiatrist,
 1232  psychiatric nurse, or psychologist has determined that the
 1233  individual is competent to consent to treatment.
 1234         3. A petition for involuntary services must be completed
 1235  and filed in the circuit court by the facility administrator. If
 1236  electronic filing of the petition is not available in the county
 1237  and the 72-hour period ends on a weekend or legal holiday, the
 1238  petition must be filed by the next working day. If involuntary
 1239  services are deemed necessary, the least restrictive treatment
 1240  consistent with the optimum improvement of the person’s
 1241  condition must be made available.
 1242         (h) An individual discharged from a facility on a voluntary
 1243  or an involuntary basis who is currently charged with a crime
 1244  shall be released to the custody of a law enforcement officer,
 1245  unless the individual has been released from law enforcement
 1246  custody by posting of a bond, by a pretrial conditional release,
 1247  or by other judicial release.
 1248         (i)(g) A person for whom an involuntary examination has
 1249  been initiated who is being evaluated or treated at a hospital
 1250  for an emergency medical condition specified in s. 395.002 must
 1251  be examined by an appropriate a receiving facility within 72
 1252  hours. The 72-hour period begins when the patient arrives at the
 1253  hospital and ceases when the attending physician documents that
 1254  the patient has an emergency medical condition. If the patient
 1255  is examined at a hospital providing emergency medical services
 1256  by a professional qualified to perform an involuntary
 1257  examination and is found as a result of that examination not to
 1258  meet the criteria for involuntary outpatient services placement
 1259  pursuant to s. 394.4655(1) or involuntary inpatient placement
 1260  pursuant to s. 394.467(1), the patient may be offered voluntary
 1261  placement, if appropriate, or released directly from the
 1262  hospital providing emergency medical services. The finding by
 1263  the professional that the patient has been examined and does not
 1264  meet the criteria for involuntary inpatient placement or
 1265  involuntary outpatient services placement must be entered into
 1266  the patient’s clinical record. Nothing in This paragraph is not
 1267  intended to prevent a hospital providing emergency medical
 1268  services from appropriately transferring a patient to another
 1269  hospital before prior to stabilization if, provided the
 1270  requirements of s. 395.1041(3)(c) have been met.
 1271         (j)(h) One of the following must occur within 12 hours
 1272  after the patient’s attending physician documents that the
 1273  patient’s medical condition has stabilized or that an emergency
 1274  medical condition does not exist:
 1275         1. The patient must be examined by an appropriate a
 1276  designated receiving facility and released; or
 1277         2. The patient must be transferred to a designated
 1278  receiving facility in which appropriate medical treatment is
 1279  available. However, the receiving facility must be notified of
 1280  the transfer within 2 hours after the patient’s condition has
 1281  been stabilized or after determination that an emergency medical
 1282  condition does not exist.
 1283         (i) Within the 72-hour examination period or, if the 72
 1284  hours ends on a weekend or holiday, no later than the next
 1285  working day thereafter, one of the following actions must be
 1286  taken, based on the individual needs of the patient:
 1287         1. The patient shall be released, unless he or she is
 1288  charged with a crime, in which case the patient shall be
 1289  returned to the custody of a law enforcement officer;
 1290         2. The patient shall be released, subject to the provisions
 1291  of subparagraph 1., for voluntary outpatient treatment;
 1292         3. The patient, unless he or she is charged with a crime,
 1293  shall be asked to give express and informed consent to placement
 1294  as a voluntary patient, and, if such consent is given, the
 1295  patient shall be admitted as a voluntary patient; or
 1296         4. A petition for involuntary placement shall be filed in
 1297  the circuit court when outpatient or inpatient treatment is
 1298  deemed necessary. When inpatient treatment is deemed necessary,
 1299  the least restrictive treatment consistent with the optimum
 1300  improvement of the patient’s condition shall be made available.
 1301  When a petition is to be filed for involuntary outpatient
 1302  placement, it shall be filed by one of the petitioners specified
 1303  in s. 394.4655(3)(a). A petition for involuntary inpatient
 1304  placement shall be filed by the facility administrator.
 1305         Section 11. Section 394.4655, Florida Statutes, is amended
 1306  to read:
 1307         394.4655 Involuntary outpatient services placement.—
 1308         (1) CRITERIA FOR INVOLUNTARY OUTPATIENT SERVICES
 1309  PLACEMENT.—A person may be ordered to involuntary outpatient
 1310  services placement upon a finding of the court, by clear and
 1311  convincing evidence, that the person meets all of the following
 1312  criteria by clear and convincing evidence:
 1313         (a) The person is 18 years of age or older.;
 1314         (b) The person has a mental illness.;
 1315         (c) The person is unlikely to survive safely in the
 1316  community without supervision, based on a clinical
 1317  determination.;
 1318         (d) The person has a history of lack of compliance with
 1319  treatment for mental illness.;
 1320         (e) The person has:
 1321         1. At least twice within the immediately preceding 36
 1322  months been involuntarily admitted to a receiving or treatment
 1323  facility as defined in s. 394.455, or has received mental health
 1324  services in a forensic or correctional facility. The 36-month
 1325  period does not include any period during which the person was
 1326  admitted or incarcerated; or
 1327         2. Engaged in one or more acts of serious violent behavior
 1328  toward self or others, or attempts at serious bodily harm to
 1329  himself or herself or others, within the preceding 36 months.;
 1330         (f) The person is, as a result of his or her mental
 1331  illness, unlikely to voluntarily participate in the recommended
 1332  treatment plan and either he or she has refused voluntary
 1333  services placement for treatment after sufficient and
 1334  conscientious explanation and disclosure of why the services are
 1335  necessary purpose of placement for treatment or he or she is
 1336  unable to determine for himself or herself whether services are
 1337  placement is necessary.;
 1338         (g) In view of the person’s treatment history and current
 1339  behavior, the person is in need of involuntary outpatient
 1340  services placement in order to prevent a relapse or
 1341  deterioration that would be likely to result in serious bodily
 1342  harm to himself or herself or others, or a substantial harm to
 1343  his or her well-being as set forth in s. 394.463(1).;
 1344         (h) It is likely that the person will benefit from
 1345  involuntary outpatient services. placement; and
 1346         (i) All available, less restrictive alternatives that would
 1347  offer an opportunity for improvement of his or her condition
 1348  have been judged to be inappropriate or unavailable.
 1349         (2) INVOLUNTARY OUTPATIENT SERVICES PLACEMENT.—
 1350         (a)1. A patient who is being recommended for involuntary
 1351  outpatient services placement by the administrator of the
 1352  receiving facility where the patient has been examined may be
 1353  retained by the facility after adherence to the notice
 1354  procedures provided in s. 394.4599. The recommendation must be
 1355  supported by the opinion of two qualified professionals a
 1356  psychiatrist and the second opinion of a clinical psychologist
 1357  or another psychiatrist, both of whom have personally examined
 1358  the patient within the preceding 72 hours, that the criteria for
 1359  involuntary outpatient services placement are met. However, in a
 1360  county having a population of fewer than 50,000, if the
 1361  administrator certifies that a qualified professional
 1362  psychiatrist or clinical psychologist is not available to
 1363  provide the second opinion, the second opinion may be provided
 1364  by a licensed physician who has postgraduate training and
 1365  experience in diagnosis and treatment of mental and nervous
 1366  disorders or by a psychiatric nurse. Any second opinion
 1367  authorized in this subparagraph may be conducted through a face
 1368  to-face examination, in person or by electronic means, including
 1369  telemedicine. Such recommendation must be entered on an
 1370  involuntary outpatient services placement certificate that
 1371  authorizes the receiving facility to retain the patient pending
 1372  completion of a hearing. The certificate must shall be made a
 1373  part of the patient’s clinical record.
 1374         2. If the patient has been stabilized and no longer meets
 1375  the criteria for involuntary examination pursuant to s.
 1376  394.463(1), the patient must be released from the receiving
 1377  facility while awaiting the hearing for involuntary outpatient
 1378  services placement. Before filing a petition for involuntary
 1379  outpatient services treatment, the administrator of the a
 1380  receiving facility or a designated department representative
 1381  must identify the service provider that will have primary
 1382  responsibility for service provision under an order for
 1383  involuntary outpatient services placement, unless the person is
 1384  otherwise participating in outpatient psychiatric treatment and
 1385  is not in need of public financing for that treatment, in which
 1386  case the individual, if eligible, may be ordered to involuntary
 1387  treatment pursuant to the existing psychiatric treatment
 1388  relationship.
 1389         3. The service provider shall prepare a written proposed
 1390  treatment plan in consultation with the patient or the patient’s
 1391  guardian advocate, if appointed, for the court’s consideration
 1392  for inclusion in the involuntary outpatient services placement
 1393  order. The service provider shall also provide a copy of the
 1394  proposed treatment plan to the patient and the administrator of
 1395  the receiving facility. The treatment plan must specify the
 1396  nature and extent of the patient’s mental illness, address the
 1397  reduction of symptoms that necessitate involuntary outpatient
 1398  services placement, and include measurable goals and objectives
 1399  for the services and treatment that are provided to treat the
 1400  person’s mental illness and assist the person in living and
 1401  functioning in the community or to prevent a relapse or
 1402  deterioration. Service providers may select and supervise other
 1403  individuals to implement specific aspects of the treatment plan.
 1404  The services in the treatment plan must be deemed clinically
 1405  appropriate by a physician, clinical psychologist, psychiatric
 1406  nurse, mental health counselor, marriage and family therapist,
 1407  or clinical social worker who consults with, or is employed or
 1408  contracted by, the service provider. The service provider must
 1409  certify to the court in the proposed treatment plan whether
 1410  sufficient services for improvement and stabilization are
 1411  currently available and whether the service provider agrees to
 1412  provide those services. If the service provider certifies that
 1413  the services in the proposed treatment plan are not available,
 1414  the petitioner may not file the petition. The service provider
 1415  must document its inquiry with the department and the managing
 1416  entity as to the availability of the requested services. The
 1417  managing entity must document such efforts to obtain the
 1418  requested services.
 1419         (b) If a patient in involuntary inpatient placement meets
 1420  the criteria for involuntary outpatient services placement, the
 1421  administrator of the treatment facility may, before the
 1422  expiration of the period during which the treatment facility is
 1423  authorized to retain the patient, recommend involuntary
 1424  outpatient services placement. The recommendation must be
 1425  supported by the opinion of two qualified professionals a
 1426  psychiatrist and the second opinion of a clinical psychologist
 1427  or another psychiatrist, both of whom have personally examined
 1428  the patient within the preceding 72 hours, that the criteria for
 1429  involuntary outpatient services placement are met. However, in a
 1430  county having a population of fewer than 50,000, if the
 1431  administrator certifies that a qualified professional
 1432  psychiatrist or clinical psychologist is not available to
 1433  provide the second opinion, the second opinion may be provided
 1434  by a licensed physician who has postgraduate training and
 1435  experience in diagnosis and treatment of mental and nervous
 1436  disorders or by a psychiatric nurse. Any second opinion
 1437  authorized in this paragraph subparagraph may be conducted
 1438  through a face-to-face examination, in person or by electronic
 1439  means including telemedicine. Such recommendation must be
 1440  entered on an involuntary outpatient services placement
 1441  certificate, and the certificate must be made a part of the
 1442  patient’s clinical record.
 1443         (c)1. The administrator of the treatment facility shall
 1444  provide a copy of the involuntary outpatient services placement
 1445  certificate and a copy of the state mental health discharge form
 1446  to a department representative in the county where the patient
 1447  will be residing. For persons who are leaving a state mental
 1448  health treatment facility, the petition for involuntary
 1449  outpatient services placement must be filed in the county where
 1450  the patient will be residing.
 1451         2. The service provider that will have primary
 1452  responsibility for service provision shall be identified by the
 1453  designated department representative before prior to the order
 1454  for involuntary outpatient services placement and must, before
 1455  prior to filing a petition for involuntary outpatient services
 1456  placement, certify to the court whether the services recommended
 1457  in the patient’s discharge plan are available in the local
 1458  community and whether the service provider agrees to provide
 1459  those services. The service provider must develop with the
 1460  patient, or the patient’s guardian advocate, if appointed, a
 1461  treatment or service plan that addresses the needs identified in
 1462  the discharge plan. The plan must be deemed to be clinically
 1463  appropriate by a physician, clinical psychologist, psychiatric
 1464  nurse, mental health counselor, marriage and family therapist,
 1465  or clinical social worker, as defined in this chapter, who
 1466  consults with, or is employed or contracted by, the service
 1467  provider.
 1468         3. If the service provider certifies that the services in
 1469  the proposed treatment or service plan are not available, the
 1470  petitioner may not file the petition. The service provider must
 1471  document its inquiry with the department and the managing entity
 1472  as to the availability of the requested services. The managing
 1473  entity must document such efforts to obtain the requested
 1474  services.
 1475         (3) PETITION FOR INVOLUNTARY OUTPATIENT SERVICES
 1476  PLACEMENT.—
 1477         (a) A petition for involuntary outpatient services
 1478  placement may be filed by:
 1479         1. The administrator of a receiving facility; or
 1480         2. The administrator of a treatment facility.
 1481         (b) Each required criterion for involuntary outpatient
 1482  services placement must be alleged and substantiated in the
 1483  petition for involuntary outpatient services placement. A copy
 1484  of the certificate recommending involuntary outpatient services
 1485  placement completed by two a qualified professionals
 1486  professional specified in subsection (2) must be attached to the
 1487  petition. A copy of the proposed treatment plan must be attached
 1488  to the petition. Before the petition is filed, the service
 1489  provider shall certify that the services in the proposed
 1490  treatment plan are available. If the necessary services are not
 1491  available in the patient’s local community to respond to the
 1492  person’s individual needs, the petition may not be filed. The
 1493  service provider must document its inquiry with the department
 1494  and the managing entity as to the availability of the requested
 1495  services. The managing entity must document such efforts to
 1496  obtain the requested services.
 1497         (c) The petition for involuntary outpatient services
 1498  placement must be filed in the county where the patient is
 1499  located, unless the patient is being placed from a state
 1500  treatment facility, in which case the petition must be filed in
 1501  the county where the patient will reside. When the petition has
 1502  been filed, the clerk of the court shall provide copies of the
 1503  petition and the proposed treatment plan to the department, the
 1504  managing entity, the patient, the patient’s guardian or
 1505  representative, the state attorney, and the public defender or
 1506  the patient’s private counsel. A fee may not be charged for
 1507  filing a petition under this subsection.
 1508         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 1509  after the filing of a petition for involuntary outpatient
 1510  services placement, the court shall appoint the public defender
 1511  to represent the person who is the subject of the petition,
 1512  unless the person is otherwise represented by counsel. The clerk
 1513  of the court shall immediately notify the public defender of the
 1514  appointment. The public defender shall represent the person
 1515  until the petition is dismissed, the court order expires, or the
 1516  patient is discharged from involuntary outpatient services
 1517  placement. An attorney who represents the patient must be
 1518  provided shall have access to the patient, witnesses, and
 1519  records relevant to the presentation of the patient’s case and
 1520  shall represent the interests of the patient, regardless of the
 1521  source of payment to the attorney.
 1522         (5) CONTINUANCE OF HEARING.—The patient is entitled, with
 1523  the concurrence of the patient’s counsel, to at least one
 1524  continuance of the hearing. The continuance shall be for a
 1525  period of up to 4 weeks.
 1526         (6) HEARING ON INVOLUNTARY OUTPATIENT SERVICES PLACEMENT.—
 1527         (a)1. The court shall hold the hearing on involuntary
 1528  outpatient services placement within 5 working days after the
 1529  filing of the petition, unless a continuance is granted. The
 1530  hearing must shall be held in the county where the petition is
 1531  filed, must shall be as convenient to the patient as is
 1532  consistent with orderly procedure, and must shall be conducted
 1533  in physical settings not likely to be injurious to the patient’s
 1534  condition. If the court finds that the patient’s attendance at
 1535  the hearing is not consistent with the best interests of the
 1536  patient and if the patient’s counsel does not object, the court
 1537  may waive the presence of the patient from all or any portion of
 1538  the hearing. The state attorney for the circuit in which the
 1539  patient is located shall represent the state, rather than the
 1540  petitioner, as the real party in interest in the proceeding.
 1541         2. The court may appoint a general or special master to
 1542  preside at the hearing. One of the professionals who executed
 1543  the involuntary outpatient services placement certificate shall
 1544  be a witness. The patient and the patient’s guardian or
 1545  representative shall be informed by the court of the right to an
 1546  independent expert examination. If the patient cannot afford
 1547  such an examination, the court shall ensure that one is
 1548  provided, as otherwise provided by law provide for one. The
 1549  independent expert’s report is shall be confidential and not
 1550  discoverable, unless the expert is to be called as a witness for
 1551  the patient at the hearing. The court shall allow testimony from
 1552  individuals, including family members, deemed by the court to be
 1553  relevant under state law, regarding the person’s prior history
 1554  and how that prior history relates to the person’s current
 1555  condition. The testimony in the hearing must be given under
 1556  oath, and the proceedings must be recorded. The patient may
 1557  refuse to testify at the hearing.
 1558         (b)1. If the court concludes that the patient meets the
 1559  criteria for involuntary outpatient services placement pursuant
 1560  to subsection (1), the court shall issue an order for
 1561  involuntary outpatient services placement. The court order shall
 1562  be for a period of up to 90 days 6 months. However, an order for
 1563  involuntary services in a state treatment facility may be for up
 1564  to 6 months. The order must specify the nature and extent of the
 1565  patient’s mental illness. The order of the court and the
 1566  treatment plan must shall be made part of the patient’s clinical
 1567  record. The service provider shall discharge a patient from
 1568  involuntary outpatient services placement when the order expires
 1569  or any time the patient no longer meets the criteria for
 1570  involuntary services placement. Upon discharge, the service
 1571  provider shall send a certificate of discharge to the court.
 1572         2. The court may not order the department or the service
 1573  provider to provide services if the program or service is not
 1574  available in the patient’s local community, if there is no space
 1575  available in the program or service for the patient, or if
 1576  funding is not available for the program or service. The service
 1577  provider must document its inquiry with the department and the
 1578  managing entity as to the availability of the requested
 1579  services. The managing entity must document such efforts to
 1580  obtain the requested services. A copy of the order must be sent
 1581  to the department and the managing entity Agency for Health Care
 1582  Administration by the service provider within 1 working day
 1583  after it is received from the court. After the placement order
 1584  for involuntary services is issued, the service provider and the
 1585  patient may modify provisions of the treatment plan. For any
 1586  material modification of the treatment plan to which the patient
 1587  or, if one is appointed, the patient’s guardian advocate agrees,
 1588  if appointed, does agree, the service provider shall send notice
 1589  of the modification to the court. Any material modifications of
 1590  the treatment plan which are contested by the patient or the
 1591  patient’s guardian advocate, if applicable appointed, must be
 1592  approved or disapproved by the court consistent with subsection
 1593  (2).
 1594         3. If, in the clinical judgment of a physician, the patient
 1595  has failed or has refused to comply with the treatment ordered
 1596  by the court, and, in the clinical judgment of the physician,
 1597  efforts were made to solicit compliance and the patient may meet
 1598  the criteria for involuntary examination, a person may be
 1599  brought to a receiving facility pursuant to s. 394.463. If,
 1600  after examination, the patient does not meet the criteria for
 1601  involuntary inpatient placement pursuant to s. 394.467, the
 1602  patient must be discharged from the receiving facility. The
 1603  involuntary outpatient services placement order shall remain in
 1604  effect unless the service provider determines that the patient
 1605  no longer meets the criteria for involuntary outpatient services
 1606  placement or until the order expires. The service provider must
 1607  determine whether modifications should be made to the existing
 1608  treatment plan and must attempt to continue to engage the
 1609  patient in treatment. For any material modification of the
 1610  treatment plan to which the patient or the patient’s guardian
 1611  advocate, if applicable appointed, agrees does agree, the
 1612  service provider shall send notice of the modification to the
 1613  court. Any material modifications of the treatment plan which
 1614  are contested by the patient or the patient’s guardian advocate,
 1615  if applicable appointed, must be approved or disapproved by the
 1616  court consistent with subsection (2).
 1617         (c) If, at any time before the conclusion of the initial
 1618  hearing on involuntary outpatient services placement, it appears
 1619  to the court that the person does not meet the criteria for
 1620  involuntary outpatient services placement under this section
 1621  but, instead, meets the criteria for involuntary inpatient
 1622  placement, the court may order the person admitted for
 1623  involuntary inpatient examination under s. 394.463. If the
 1624  person instead meets the criteria for involuntary assessment,
 1625  protective custody, or involuntary admission pursuant to s.
 1626  397.675, the court may order the person to be admitted for
 1627  involuntary assessment for a period of 5 days pursuant to s.
 1628  397.6811. Thereafter, all proceedings are shall be governed by
 1629  chapter 397.
 1630         (d) At the hearing on involuntary outpatient services
 1631  placement, the court shall consider testimony and evidence
 1632  regarding the patient’s competence to consent to treatment. If
 1633  the court finds that the patient is incompetent to consent to
 1634  treatment, it shall appoint a guardian advocate as provided in
 1635  s. 394.4598. The guardian advocate shall be appointed or
 1636  discharged in accordance with s. 394.4598.
 1637         (e) The administrator of the receiving facility or the
 1638  designated department representative shall provide a copy of the
 1639  court order and adequate documentation of a patient’s mental
 1640  illness to the service provider for involuntary outpatient
 1641  services placement. Such documentation must include any advance
 1642  directives made by the patient, a psychiatric evaluation of the
 1643  patient, and any evaluations of the patient performed by a
 1644  clinical psychologist or a clinical social worker.
 1645         (7) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT SERVICES
 1646  PLACEMENT.—
 1647         (a)1. If the person continues to meet the criteria for
 1648  involuntary outpatient services placement, the service provider
 1649  shall, at least 10 days before the expiration of the period
 1650  during which the treatment is ordered for the person, file in
 1651  the county or circuit court a petition for continued involuntary
 1652  outpatient services placement. The court shall immediately
 1653  schedule a hearing on the petition to be held within 15 days
 1654  after the petition is filed.
 1655         2. The existing involuntary outpatient services placement
 1656  order remains in effect until disposition on the petition for
 1657  continued involuntary outpatient services placement.
 1658         3. A certificate shall be attached to the petition which
 1659  includes a statement from the person’s physician or clinical
 1660  psychologist justifying the request, a brief description of the
 1661  patient’s treatment during the time he or she was receiving
 1662  involuntarily services placed, and an individualized plan of
 1663  continued treatment.
 1664         4. The service provider shall develop the individualized
 1665  plan of continued treatment in consultation with the patient or
 1666  the patient’s guardian advocate, if applicable appointed. When
 1667  the petition has been filed, the clerk of the court shall
 1668  provide copies of the certificate and the individualized plan of
 1669  continued treatment to the department, the patient, the
 1670  patient’s guardian advocate, the state attorney, and the
 1671  patient’s private counsel or the public defender.
 1672         (b) Within 1 court working day after the filing of a
 1673  petition for continued involuntary outpatient services
 1674  placement, the court shall appoint the public defender to
 1675  represent the person who is the subject of the petition, unless
 1676  the person is otherwise represented by counsel. The clerk of the
 1677  court shall immediately notify the public defender of such
 1678  appointment. The public defender shall represent the person
 1679  until the petition is dismissed or the court order expires or
 1680  the patient is discharged from involuntary outpatient services
 1681  placement. Any attorney representing the patient shall have
 1682  access to the patient, witnesses, and records relevant to the
 1683  presentation of the patient’s case and shall represent the
 1684  interests of the patient, regardless of the source of payment to
 1685  the attorney.
 1686         (c) Hearings on petitions for continued involuntary
 1687  outpatient services must placement shall be before the circuit
 1688  court. The court may appoint a general or special master to
 1689  preside at the hearing. The procedures for obtaining an order
 1690  pursuant to this paragraph must meet the requirements of shall
 1691  be in accordance with subsection (6), except that the time
 1692  period included in paragraph (1)(e) does not apply when is not
 1693  applicable in determining the appropriateness of additional
 1694  periods of involuntary outpatient services placement.
 1695         (d) Notice of the hearing must shall be provided as set
 1696  forth in s. 394.4599. The patient and the patient’s attorney may
 1697  agree to a period of continued outpatient services placement
 1698  without a court hearing.
 1699         (e) The same procedure must shall be repeated before the
 1700  expiration of each additional period the patient is placed in
 1701  treatment.
 1702         (f) If the patient has previously been found incompetent to
 1703  consent to treatment, the court shall consider testimony and
 1704  evidence regarding the patient’s competence. Section 394.4598
 1705  governs the discharge of the guardian advocate if the patient’s
 1706  competency to consent to treatment has been restored.
 1707         Section 12. Section 394.467, Florida Statutes, is amended
 1708  to read:
 1709         394.467 Involuntary inpatient placement.—
 1710         (1) CRITERIA.—A person may be ordered for placed in
 1711  involuntary inpatient placement for treatment upon a finding of
 1712  the court by clear and convincing evidence that:
 1713         (a) He or she has a mental illness is mentally ill and
 1714  because of his or her mental illness:
 1715         1.a. He or she has refused voluntary inpatient placement
 1716  for treatment after sufficient and conscientious explanation and
 1717  disclosure of the purpose of inpatient placement for treatment;
 1718  or
 1719         b. He or she is unable to determine for himself or herself
 1720  whether inpatient placement is necessary; and
 1721         2.a. He or she is manifestly incapable of surviving alone
 1722  or with the help of willing and responsible family or friends,
 1723  including available alternative services, and, without
 1724  treatment, is likely to suffer from neglect or refuse to care
 1725  for himself or herself, and such neglect or refusal poses a real
 1726  and present threat of substantial physical or mental harm to his
 1727  or her well-being; or
 1728         b. There is substantial likelihood that in the near future
 1729  he or she will inflict serious bodily harm on self or others
 1730  himself or herself or another person, as evidenced by recent
 1731  behavior causing, attempting, or threatening such harm; and
 1732         (b) All available, less restrictive treatment alternatives
 1733  that which would offer an opportunity for improvement of his or
 1734  her condition have been judged to be inappropriate.
 1735         (2) ADMISSION TO A TREATMENT FACILITY.—A patient may be
 1736  retained by a receiving facility or involuntarily placed in a
 1737  treatment facility upon the recommendation of the administrator
 1738  of the receiving facility where the patient has been examined
 1739  and after adherence to the notice and hearing procedures
 1740  provided in s. 394.4599. The recommendation must be supported by
 1741  the opinion of a psychiatrist and the second opinion of a
 1742  psychiatric nurse, clinical psychologist, or another
 1743  psychiatrist, both of whom have personally examined the patient
 1744  within the preceding 72 hours, that the criteria for involuntary
 1745  inpatient placement are met. However, in a county that has a
 1746  population of fewer than 50,000, if the administrator certifies
 1747  that a psychiatrist, psychiatric nurse, or clinical psychologist
 1748  is not available to provide the second opinion, the second
 1749  opinion may be provided by a licensed physician who has
 1750  postgraduate training and experience in diagnosis and treatment
 1751  of mental illness and nervous disorders or by a psychiatric
 1752  nurse. Any second opinion authorized in this subsection may be
 1753  conducted through a face-to-face examination, in person or by
 1754  electronic means, including telemedicine. Such recommendation
 1755  shall be entered on a petition for an involuntary inpatient
 1756  placement certificate that authorizes the receiving facility to
 1757  retain the patient pending transfer to a treatment facility or
 1758  completion of a hearing.
 1759         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—
 1760         (a) The administrator of the facility shall file a petition
 1761  for involuntary inpatient placement in the court in the county
 1762  where the patient is located. Upon filing, the clerk of the
 1763  court shall provide copies to the department, the patient, the
 1764  patient’s guardian or representative, and the state attorney and
 1765  public defender of the judicial circuit in which the patient is
 1766  located. A No fee may not shall be charged for the filing of a
 1767  petition under this subsection.
 1768         (b) A facility filing a petition under this subsection for
 1769  involuntary inpatient placement shall send a copy of the
 1770  petition to the department and the managing entity in its area.
 1771         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 1772  after the filing of a petition for involuntary inpatient
 1773  placement, the court shall appoint the public defender to
 1774  represent the person who is the subject of the petition, unless
 1775  the person is otherwise represented by counsel. The clerk of the
 1776  court shall immediately notify the public defender of such
 1777  appointment. Any attorney representing the patient shall have
 1778  access to the patient, witnesses, and records relevant to the
 1779  presentation of the patient’s case and shall represent the
 1780  interests of the patient, regardless of the source of payment to
 1781  the attorney.
 1782         (5) CONTINUANCE OF HEARING.—The patient is entitled, with
 1783  the concurrence of the patient’s counsel, to at least one
 1784  continuance of the hearing. The continuance shall be for a
 1785  period of up to 4 weeks.
 1786         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 1787         (a)1. The court shall hold the hearing on involuntary
 1788  inpatient placement within 5 court working days, unless a
 1789  continuance is granted.
 1790         2. Except for good cause documented in the court file, the
 1791  hearing must shall be held in the county or the facility, as
 1792  appropriate, where the patient is located, must and shall be as
 1793  convenient to the patient as is may be consistent with orderly
 1794  procedure, and shall be conducted in physical settings not
 1795  likely to be injurious to the patient’s condition. If the court
 1796  finds that the patient’s attendance at the hearing is not
 1797  consistent with the best interests of the patient, and the
 1798  patient’s counsel does not object, the court may waive the
 1799  presence of the patient from all or any portion of the hearing.
 1800  The state attorney for the circuit in which the patient is
 1801  located shall represent the state, rather than the petitioning
 1802  facility administrator, as the real party in interest in the
 1803  proceeding.
 1804         3.2. The court may appoint a general or special magistrate
 1805  to preside at the hearing. One of the two professionals who
 1806  executed the petition for involuntary inpatient placement
 1807  certificate shall be a witness. The patient and the patient’s
 1808  guardian or representative shall be informed by the court of the
 1809  right to an independent expert examination. If the patient
 1810  cannot afford such an examination, the court shall ensure that
 1811  one is provided, as otherwise provided for by law provide for
 1812  one. The independent expert’s report is shall be confidential
 1813  and not discoverable, unless the expert is to be called as a
 1814  witness for the patient at the hearing. The testimony in the
 1815  hearing must be given under oath, and the proceedings must be
 1816  recorded. The patient may refuse to testify at the hearing.
 1817         (b) If the court concludes that the patient meets the
 1818  criteria for involuntary inpatient placement, it may shall order
 1819  that the patient be transferred to a treatment facility or, if
 1820  the patient is at a treatment facility, that the patient be
 1821  retained there or be treated at any other appropriate receiving
 1822  or treatment facility, or that the patient receive services from
 1823  such a receiving or treatment facility or service provider, on
 1824  an involuntary basis, for a period of up to 90 days 6 months.
 1825  However, any order for involuntary mental health services in a
 1826  state treatment facility may be for up to 6 months. The order
 1827  shall specify the nature and extent of the patient’s mental
 1828  illness. The facility shall discharge a patient any time the
 1829  patient no longer meets the criteria for involuntary inpatient
 1830  placement, unless the patient has transferred to voluntary
 1831  status.
 1832         (c) If at any time before prior to the conclusion of the
 1833  hearing on involuntary inpatient placement it appears to the
 1834  court that the person does not meet the criteria for involuntary
 1835  inpatient placement under this section, but instead meets the
 1836  criteria for involuntary outpatient services placement, the
 1837  court may order the person evaluated for involuntary outpatient
 1838  services placement pursuant to s. 394.4655. The petition and
 1839  hearing procedures set forth in s. 394.4655 shall apply. If the
 1840  person instead meets the criteria for involuntary assessment,
 1841  protective custody, or involuntary admission pursuant to s.
 1842  397.675, then the court may order the person to be admitted for
 1843  involuntary assessment for a period of 5 days pursuant to s.
 1844  397.6811. Thereafter, all proceedings are shall be governed by
 1845  chapter 397.
 1846         (d) At the hearing on involuntary inpatient placement, the
 1847  court shall consider testimony and evidence regarding the
 1848  patient’s competence to consent to treatment. If the court finds
 1849  that the patient is incompetent to consent to treatment, it
 1850  shall appoint a guardian advocate as provided in s. 394.4598.
 1851         (e) The administrator of the petitioning receiving facility
 1852  shall provide a copy of the court order and adequate
 1853  documentation of a patient’s mental illness to the administrator
 1854  of a treatment facility if the whenever a patient is ordered for
 1855  involuntary inpatient placement, whether by civil or criminal
 1856  court. The documentation must shall include any advance
 1857  directives made by the patient, a psychiatric evaluation of the
 1858  patient, and any evaluations of the patient performed by a
 1859  clinical psychologist, a marriage and family therapist, a mental
 1860  health counselor, or a clinical social worker. The administrator
 1861  of a treatment facility may refuse admission to any patient
 1862  directed to its facilities on an involuntary basis, whether by
 1863  civil or criminal court order, who is not accompanied at the
 1864  same time by adequate orders and documentation.
 1865         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
 1866  PLACEMENT.—
 1867         (a) Hearings on petitions for continued involuntary
 1868  inpatient placement of an individual placed at any state
 1869  treatment facility are shall be administrative hearings and must
 1870  shall be conducted in accordance with the provisions of s.
 1871  120.57(1), except that any order entered by the administrative
 1872  law judge is shall be final and subject to judicial review in
 1873  accordance with s. 120.68. Orders concerning patients committed
 1874  after successfully pleading not guilty by reason of insanity are
 1875  shall be governed by the provisions of s. 916.15.
 1876         (b) If the patient continues to meet the criteria for
 1877  involuntary inpatient placement and is being treated at a state
 1878  treatment facility, the administrator shall, before prior to the
 1879  expiration of the period during which the state treatment
 1880  facility is authorized to retain the patient, file a petition
 1881  requesting authorization for continued involuntary inpatient
 1882  placement. The request must shall be accompanied by a statement
 1883  from the patient’s physician, psychiatrist, psychiatric nurse,
 1884  or clinical psychologist justifying the request, a brief
 1885  description of the patient’s treatment during the time he or she
 1886  was involuntarily placed, and an individualized plan of
 1887  continued treatment. Notice of the hearing must shall be
 1888  provided as provided set forth in s. 394.4599. If a patient’s
 1889  attendance at the hearing is voluntarily waived, the
 1890  administrative law judge must determine that the waiver is
 1891  knowing and voluntary before waiving the presence of the patient
 1892  from all or a portion of the hearing. Alternatively, if at the
 1893  hearing the administrative law judge finds that attendance at
 1894  the hearing is not consistent with the best interests of the
 1895  patient, the administrative law judge may waive the presence of
 1896  the patient from all or any portion of the hearing, unless the
 1897  patient, through counsel, objects to the waiver of presence. The
 1898  testimony in the hearing must be under oath, and the proceedings
 1899  must be recorded.
 1900         (c) Unless the patient is otherwise represented or is
 1901  ineligible, he or she shall be represented at the hearing on the
 1902  petition for continued involuntary inpatient placement by the
 1903  public defender of the circuit in which the facility is located.
 1904         (d) If at a hearing it is shown that the patient continues
 1905  to meet the criteria for involuntary inpatient placement, the
 1906  administrative law judge shall sign the order for continued
 1907  involuntary inpatient placement for a period of up to 90 days
 1908  not to exceed 6 months. However, any order for involuntary
 1909  mental health services in a state treatment facility may be for
 1910  up to 6 months The same procedure shall be repeated prior to the
 1911  expiration of each additional period the patient is retained.
 1912         (e) If continued involuntary inpatient placement is
 1913  necessary for a patient admitted while serving a criminal
 1914  sentence, but his or her whose sentence is about to expire, or
 1915  for a minor patient involuntarily placed, while a minor but who
 1916  is about to reach the age of 18, the administrator shall
 1917  petition the administrative law judge for an order authorizing
 1918  continued involuntary inpatient placement.
 1919         (f) If the patient has been previously found incompetent to
 1920  consent to treatment, the administrative law judge shall
 1921  consider testimony and evidence regarding the patient’s
 1922  competence. If the administrative law judge finds evidence that
 1923  the patient is now competent to consent to treatment, the
 1924  administrative law judge may issue a recommended order to the
 1925  court that found the patient incompetent to consent to treatment
 1926  that the patient’s competence be restored and that any guardian
 1927  advocate previously appointed be discharged.
 1928         (g) If the patient has been ordered to undergo involuntary
 1929  inpatient placement and has previously been found incompetent to
 1930  consent to treatment, the court shall consider testimony and
 1931  evidence regarding the patient’s incompetence. If the patient’s
 1932  competency to consent to treatment is restored, the discharge of
 1933  the guardian advocate shall be governed by the provisions of s.
 1934  394.4598.
 1935  
 1936  The procedure required in this subsection must be followed
 1937  before the expiration of each additional period the patient is
 1938  involuntarily receiving services.
 1939         (8) RETURN TO FACILITY OF PATIENTS.—If a patient
 1940  involuntarily held When a patient at a treatment facility under
 1941  this part leaves the facility without the administrator’s
 1942  authorization, the administrator may authorize a search for the
 1943  patient and his or her the return of the patient to the
 1944  facility. The administrator may request the assistance of a law
 1945  enforcement agency in this regard the search for and return of
 1946  the patient.
 1947         Section 13. Section 394.46715, Florida Statutes, is amended
 1948  to read:
 1949         394.46715 Rulemaking authority.—The department may adopt
 1950  rules to administer this part Department of Children and
 1951  Families shall have rulemaking authority to implement the
 1952  provisions of ss. 394.455, 394.4598, 394.4615, 394.463,
 1953  394.4655, and 394.467 as amended or created by this act. These
 1954  rules shall be for the purpose of protecting the health, safety,
 1955  and well-being of persons examined, treated, or placed under
 1956  this act.
 1957         Section 14. Section 394.761, Florida Statutes, is created
 1958  to read:
 1959         394.761 Revenue maximization.—The agency and the department
 1960  shall develop a plan to obtain federal approval for increasing
 1961  the availability of federal Medicaid funding for behavioral
 1962  health care. Increased funding shall be used to advance the goal
 1963  of improved integration of behavioral health and primary care
 1964  services through development and effective implementation of
 1965  coordinated care as described in s. 394.9082. The agency and the
 1966  department shall submit the written plan to the President of the
 1967  Senate and the Speaker of the House of Representatives by
 1968  November 1, 2016. The plan shall identify the amount of general
 1969  revenue funding appropriated for mental health and substance
 1970  abuse services which is eligible to be used as state Medicaid
 1971  match. The plan must evaluate alternative uses of increased
 1972  Medicaid funding, including expansion of Medicaid eligibility
 1973  for the severely and persistently mentally ill; increased
 1974  reimbursement rates for behavioral health services; adjustments
 1975  to the capitation rate for Medicaid enrollees with chronic
 1976  mental illness and substance abuse disorders; supplemental
 1977  payments to mental health and substance abuse providers through
 1978  a designated state health program or other mechanism; and
 1979  innovative programs for incentivizing improved outcomes for
 1980  behavioral health conditions. The plan must identify the
 1981  advantages and disadvantages of each alternative and assess the
 1982  potential of each for achieving improved integration of
 1983  services. The plan must identify the federal approvals necessary
 1984  to implement each alternative and project a timeline for
 1985  implementation.
 1986         Section 15. Subsection (11) is added to section 394.875,
 1987  Florida Statutes, to read:
 1988         394.875 Crisis stabilization units, residential treatment
 1989  facilities, and residential treatment centers for children and
 1990  adolescents; authorized services; license required.—
 1991         (11) By January 1, 2017, the department shall modify
 1992  licensure rules and procedures to create an option for a single,
 1993  consolidated license for a provider who offers multiple types of
 1994  mental health and substance abuse services regulated under this
 1995  chapter and chapter 397. Providers eligible for a consolidated
 1996  license shall operate these services through a single corporate
 1997  entity and a unified management structure. Any provider serving
 1998  adults and children must meet department standards for separate
 1999  facilities and other requirements necessary to ensure children’s
 2000  safety and promote therapeutic efficacy.
 2001         Section 16. Section 394.9082, Florida Statutes, is amended
 2002  to read:
 2003         (Substantial rewording of section. See
 2004         s. 394.9082, F.S., for present text.)
 2005         394.9082 Behavioral health managing entities' purpose;
 2006  definitions; duties; contracting; accountability.—
 2007         (1) PURPOSE.—The purpose of the behavioral health managing
 2008  entities is to plan for and coordinate the delivery of community
 2009  mental health and substance abuse services, to improve access to
 2010  care, to promote service continuity, and to support efficient
 2011  and effective delivery of services.
 2012         (2) DEFINITIONS.—As used in this section, the term:
 2013         (a) “Behavioral health services” means mental health
 2014  services and substance abuse prevention and treatment services
 2015  as described in this chapter and chapter 397.
 2016         (b) “Case management” means those direct services provided
 2017  to a client in order to assess needs, plan or arrange services,
 2018  coordinate service providers, monitor service delivery, and
 2019  evaluate outcomes.
 2020         (c) “Coordinated system of care” means the full array of
 2021  behavioral health and related services in a region or a
 2022  community offered by all service providers, whether
 2023  participating under contract with the managing entity or through
 2024  another method of community partnership or mutual agreement.
 2025         (d) “Geographic area” means one or more contiguous
 2026  counties, circuits, or regions as described in s. 409.966 or s.
 2027  381.0406.
 2028         (e) “High-need or high-utilization individual” means a
 2029  recipient who meets one or more of the following criteria and
 2030  may be eligible for intensive case management services:
 2031         1. Has resided in a state mental health facility for at
 2032  least 6 months in the last 36 months;
 2033         2. Has had two or more admissions to a state mental health
 2034  facility in the last 36 months; or
 2035         3. Has had three or more admissions to a crisis
 2036  stabilization unit, an addictions receiving facility, a short
 2037  term residential facility, or an inpatient psychiatric unit
 2038  within the last 12 months.
 2039         (f) “Managing entity” means a corporation designated or
 2040  filed as a nonprofit organization under s. 501(c)(3) of the
 2041  Internal Revenue Code which is selected by, and is under
 2042  contract with, the department to manage the daily operational
 2043  delivery of behavioral health services through a coordinated
 2044  system of care.
 2045         (g) “Provider network” means the group of direct service
 2046  providers, facilities, and organizations under contract with a
 2047  managing entity to provide a comprehensive array of emergency,
 2048  acute care, residential, outpatient, recovery support, and
 2049  consumer support services.
 2050         (h) “Receiving facility” means any public or private
 2051  facility designated by the department to receive and hold or to
 2052  refer, as appropriate, involuntary patients under emergency
 2053  conditions for mental health or substance abuse evaluation and
 2054  to provide treatment or transportation to the appropriate
 2055  service provider. County jails may not be used or designated as
 2056  a receiving facility, a triage center, or an access center.
 2057         (3) DEPARTMENT DUTIES.—The department shall:
 2058         (a)Designate, with input from the managing entity,
 2059  facilities that meet the definitions in s. 394.455(1), (2),
 2060  (12), and (41) and the receiving system developed by one or more
 2061  counties pursuant to s. 394.4573(2)(b).
 2062         (b) Contract with organizations to serve as the managing
 2063  entity in accordance with the requirements of this section.
 2064         (c) Specify the geographic area served.
 2065         (d) Specify data reporting and use of shared data systems.
 2066         (e) Develop strategies to divert persons with mental
 2067  illness or substance abuse disorders from the criminal and
 2068  juvenile justice systems.
 2069         (f) Support the development and implementation of a
 2070  coordinated system of care by requiring each provider that
 2071  receives state funds for behavioral health services through a
 2072  direct contract with the department to work with the managing
 2073  entity in the provider’s service area to coordinate the
 2074  provision of behavioral health services, as part of the contract
 2075  with the department.
 2076         (g) Set performance measures and performance standards for
 2077  managing entities based on nationally recognized standards, such
 2078  as those developed by the National Quality Forum, the National
 2079  Committee for Quality Assurance, or similar credible sources.
 2080  Performance standards must include all of the following:
 2081         1. Annual improvement in the extent to which the need for
 2082  behavioral health services is met by the coordinated system of
 2083  care in the geographic area served.
 2084         2. Annual improvement in the percentage of patients who
 2085  receive services through the coordinated system of care and who
 2086  achieve improved functional status as indicated by health
 2087  condition, employment status, and housing stability.
 2088         3. Annual reduction in the rates of readmissions to acute
 2089  care facilities, jails, prisons, and forensic facilities.
 2090         4. Annual improvement in consumer and family satisfaction.
 2091         (h) Provide technical assistance to the managing entities.
 2092         (i) Promote the integration of behavioral health care and
 2093  primary care.
 2094         (j) Facilitate the coordination between the managing entity
 2095  and other payors of behavioral health care.
 2096         (k) Develop and provide a unique identifier for clients
 2097  receiving services under the managing entity to coordinate care.
 2098         (l) Coordinate procedures for the referral and admission of
 2099  patients to, and the discharge of patients from, state treatment
 2100  facilities and their return to the community.
 2101         (m) Ensure that managing entities comply with state and
 2102  federal laws, rules, and regulations.
 2103         (n) Develop rules for the operations of, and the
 2104  requirements that must be met by, the managing entity, if
 2105  necessary.
 2106         (4) CONTRACT WITH MANAGING ENTITIES.—
 2107         (a) The department’s contracts with managing entities must
 2108  support efficient and effective administration of the behavioral
 2109  health system and ensure accountability for performance.
 2110         (b) Beginning July 1, 2018, managing entities under
 2111  contract with the department are subject to a contract
 2112  performance review. The review must include:
 2113         1. Analysis of the duties and performance measures
 2114  described in this section;
 2115         2. The results of contract monitoring compiled during the
 2116  term of the contract; and
 2117         3. Related compliance and performance issues.
 2118         (c) For the managing entities whose performance is
 2119  determined satisfactory after completion of the review pursuant
 2120  to paragraph (b), and before the end of the term of the
 2121  contract, the department may negotiate and enter into a contract
 2122  with the managing entity for a period of 4 years pursuant to s.
 2123  287.057(3)(e).
 2124         (d) The performance review must be completed by the
 2125  beginning of the third year of the 4-year contract. In the event
 2126  the managing entity does not meet the requirements of the
 2127  performance review, a corrective action plan must be created by
 2128  the department. The managing entity must complete the corrective
 2129  action plan before the beginning of the fourth year of the
 2130  contract. If the corrective action plan is not satisfactorily
 2131  completed, the department shall provide notice to the managing
 2132  entity that the contract will be terminated at the end of the
 2133  contract term and the department shall initiate a competitive
 2134  procurement process to select a new managing entity pursuant to
 2135  s. 287.057.
 2136         (5) MANAGING ENTITIES DUTIES.—A managing entity shall:
 2137         (a)Maintain a board of directors that is representative of
 2138  the community and that, at a minimum, includes consumers and
 2139  family members, community stakeholders and organizations, and
 2140  providers of mental health and substance abuse services,
 2141  including public and private receiving facilities.
 2142         (b) Conduct a community behavioral health care needs
 2143  assessment in the geographic area served by the managing entity.
 2144  The needs assessment must be updated annually and provided to
 2145  the department. The assessment must include, at a minimum, the
 2146  information the department needs for its annual report to the
 2147  Governor and Legislature pursuant to s. 394.4573.
 2148         (c) Develop local resources by pursuing third-party
 2149  payments for services, applying for grants, securing local
 2150  matching funds and in-kind services, and any other methods
 2151  needed to ensure services are available and accessible.
 2152         (d) Provide assistance to counties to develop a designated
 2153  receiving system pursuant to s. 394.4573(2)(b) and a
 2154  transportation plan pursuant to s. 394.462.
 2155         (e) Promote the development and effective implementation of
 2156  a coordinated system of care pursuant to s. 394.4573.
 2157         (f) Develop a comprehensive network of qualified providers
 2158  to deliver behavioral health services. The managing entity is
 2159  not required to competitively procure network providers, but
 2160  must have a process in place to publicize opportunities to join
 2161  the network and to evaluate providers in the network to
 2162  determine if they can remain in the network. These processes
 2163  must be published on the website of the managing entity. The
 2164  managing entity must ensure continuity of care for clients if a
 2165  provider ceases to provide a service or leaves the network.
 2166         (g) Enter into cooperative agreements with local homeless
 2167  councils and organizations to allow the sharing of available
 2168  resource information, shared client information, client referral
 2169  services, and any other data or information that may be useful
 2170  in addressing the homelessness of persons suffering from a
 2171  behavioral health crisis.
 2172         (h)Monitor network providers performance and their
 2173  compliance with contract requirements and federal and state
 2174  laws, rules, and regulations.
 2175         (i)Provide or contract for case management services.
 2176         (j) Manage and allocate funds for services to meet the
 2177  requirements of law or rule.
 2178         (k) Promote integration of behavioral health with primary
 2179  care.
 2180         (l) Implement shared data systems necessary for the
 2181  delivery of coordinated care and integrated services, the
 2182  assessment of managing entity performance and provider
 2183  performance, and the reporting of outcomes and costs of
 2184  services.
 2185         (m) Operate in a transparent manner, providing public
 2186  access to information, notice of meetings, and opportunities for
 2187  public participation in managing entity decisionmaking.
 2188         (n) Establish and maintain effective relationships with
 2189  community stakeholders, including local governments and other
 2190  organizations that serve individuals with behavioral health
 2191  needs.
 2192         (o) Collaborate with local criminal and juvenile justice
 2193  systems to divert persons with mental illness or substance abuse
 2194  disorders, or both, from the criminal and juvenile justice
 2195  systems.
 2196         (p) Collaborate with the local court system to develop
 2197  procedures to maximize the use of involuntary outpatient
 2198  services; reduce involuntary inpatient treatment; and increase
 2199  diversion from the criminal and juvenile justice systems.
 2200         (6) FUNDING FOR MANAGING ENTITIES.—
 2201         (a) A contract established between the department and a
 2202  managing entity under this section must be funded by general
 2203  revenue, other applicable state funds, or applicable federal
 2204  funding sources. A managing entity may carry forward documented
 2205  unexpended state funds from one fiscal year to the next, but the
 2206  cumulative amount carried forward may not exceed 8 percent of
 2207  the total value of the contract. Any unexpended state funds in
 2208  excess of that percentage must be returned to the department.
 2209  The funds carried forward may not be used in a way that would
 2210  increase future recurring obligations or for any program or
 2211  service that was not authorized as of July 1, 2016, under the
 2212  existing contract with the department. Expenditures of funds
 2213  carried forward must be separately reported to the department.
 2214  Any unexpended funds that remain at the end of the contract
 2215  period must be returned to the department. Funds carried forward
 2216  may be retained through contract renewals and new contract
 2217  procurements as long as the same managing entity is retained by
 2218  the department.
 2219         (b) The method of payment for a fixed-price contract with a
 2220  managing entity must provide for a 2-month advance payment at
 2221  the beginning of each fiscal year and equal monthly payments
 2222  thereafter.
 2223         (7) CRISIS STABILIZATION SERVICES UTILIZATION DATABASE.—The
 2224  department shall develop, implement, and maintain standards
 2225  under which a managing entity shall collect utilization data
 2226  from all public receiving facilities situated within its
 2227  geographic service area. As used in this subsection, the term
 2228  “public receiving facility” means an entity that meets the
 2229  licensure requirements of, and is designated by, the department
 2230  to operate as a public receiving facility under s. 394.875 and
 2231  that is operating as a licensed crisis stabilization unit.
 2232         (a) The department shall develop standards and protocols
 2233  for managing entities and public receiving facilities to be used
 2234  for data collection, storage, transmittal, and analysis. The
 2235  standards and protocols must allow for compatibility of data and
 2236  data transmittal between public receiving facilities, managing
 2237  entities, and the department for the implementation and
 2238  requirements of this subsection.
 2239         (b) A managing entity shall require a public receiving
 2240  facility within its provider network to submit data, in real
 2241  time or at least daily, to the managing entity for:
 2242         1. All admissions and discharges of clients receiving
 2243  public receiving facility services who qualify as indigent, as
 2244  defined in s. 394.4787; and
 2245         2. The current active census of total licensed beds, the
 2246  number of beds purchased by the department, the number of
 2247  clients qualifying as indigent who occupy those beds, and the
 2248  total number of unoccupied licensed beds regardless of funding.
 2249         (c) A managing entity shall require a public receiving
 2250  facility within its provider network to submit data, on a
 2251  monthly basis, to the managing entity which aggregates the daily
 2252  data submitted under paragraph (b). The managing entity shall
 2253  reconcile the data in the monthly submission to the data
 2254  received by the managing entity under paragraph (b) to check for
 2255  consistency. If the monthly aggregate data submitted by a public
 2256  receiving facility under this paragraph are inconsistent with
 2257  the daily data submitted under paragraph (b), the managing
 2258  entity shall consult with the public receiving facility to make
 2259  corrections necessary to ensure accurate data.
 2260         (d) A managing entity shall require a public receiving
 2261  facility within its provider network to submit data, on an
 2262  annual basis, to the managing entity which aggregates the data
 2263  submitted and reconciled under paragraph (c). The managing
 2264  entity shall reconcile the data in the annual submission to the
 2265  data received and reconciled by the managing entity under
 2266  paragraph (c) to check for consistency. If the annual aggregate
 2267  data submitted by a public receiving facility under this
 2268  paragraph are inconsistent with the data received and reconciled
 2269  under paragraph (c), the managing entity shall consult with the
 2270  public receiving facility to make corrections necessary to
 2271  ensure accurate data.
 2272         (e) After ensuring the accuracy of data pursuant to
 2273  paragraphs (c) and (d), the managing entity shall submit the
 2274  data to the department on a monthly and an annual basis. The
 2275  department shall create a statewide database for the data
 2276  described under paragraph (b) and submitted under this paragraph
 2277  for the purpose of analyzing the payments for and the use of
 2278  crisis stabilization services funded by the Baker Act on a
 2279  statewide basis and on an individual public receiving facility
 2280  basis.
 2281         Section 17. Present subsections (20) through (45) of
 2282  section 397.311, Florida Statutes, are redesignated as
 2283  subsections (21) through (46), respectively, a new subsection
 2284  (20) is added to that section, and present subsections (30) and
 2285  (38) of that section are amended, to read:
 2286         397.311 Definitions.—As used in this chapter, except part
 2287  VIII, the term:
 2288         (20) “Involuntary services” means court-ordered outpatient
 2289  services or treatment for substance abuse disorders or services
 2290  provided in an inpatient placement in a receiving facility or
 2291  treatment facility.
 2292         (31)(30) “Qualified professional” means a physician or a
 2293  physician assistant licensed under chapter 458 or chapter 459; a
 2294  professional licensed under chapter 490 or chapter 491; an
 2295  advanced registered nurse practitioner having a specialty in
 2296  psychiatry licensed under part I of chapter 464; or a person who
 2297  is certified through a department-recognized certification
 2298  process for substance abuse treatment services and who holds, at
 2299  a minimum, a bachelor’s degree. A person who is certified in
 2300  substance abuse treatment services by a state-recognized
 2301  certification process in another state at the time of employment
 2302  with a licensed substance abuse provider in this state may
 2303  perform the functions of a qualified professional as defined in
 2304  this chapter but must meet certification requirements contained
 2305  in this subsection no later than 1 year after his or her date of
 2306  employment.
 2307         (39)(38) “Service component” or “component” means a
 2308  discrete operational entity within a service provider which is
 2309  subject to licensing as defined by rule. Service components
 2310  include prevention, intervention, and clinical treatment
 2311  described in subsection (23) (22).
 2312         Section 18. Section 397.675, Florida Statutes, is amended
 2313  to read:
 2314         397.675 Criteria for involuntary admissions, including
 2315  protective custody, emergency admission, and other involuntary
 2316  assessment, involuntary treatment, and alternative involuntary
 2317  assessment for minors, for purposes of assessment and
 2318  stabilization, and for involuntary treatment.—A person meets the
 2319  criteria for involuntary admission if there is good faith reason
 2320  to believe that the person has a substance abuse or co-occurring
 2321  mental health disorder is substance abuse impaired and, because
 2322  of such disorder impairment:
 2323         (1) Has lost the power of self-control with respect to
 2324  substance abuse use; and either
 2325         (2)(a) Without care or treatment, is likely to suffer from
 2326  neglect or to refuse to care for himself or herself, that such
 2327  neglect or refusal poses a real and present threat of
 2328  substantial harm to his or her well-being and that it is not
 2329  apparent that such harm may be avoided through the help of
 2330  willing family members or friends or the provision of other
 2331  services, or there is substantial likelihood that the person has
 2332  inflicted, or threatened to or attempted to inflict, or, unless
 2333  admitted, is likely to inflict, physical harm on himself, or
 2334  herself, or another; or
 2335         (b) Is in need of substance abuse services and, by reason
 2336  of substance abuse impairment, his or her judgment has been so
 2337  impaired that he or she the person is incapable of appreciating
 2338  his or her need for such services and of making a rational
 2339  decision in that regard, although thereto; however, mere refusal
 2340  to receive such services does not constitute evidence of lack of
 2341  judgment with respect to his or her need for such services.
 2342         Section 19. Section 397.679, Florida Statutes, is amended
 2343  to read:
 2344         397.679 Emergency admission; circumstances justifying.—A
 2345  person who meets the criteria for involuntary admission in s.
 2346  397.675 may be admitted to a hospital or to a licensed
 2347  detoxification facility or addictions receiving facility for
 2348  emergency assessment and stabilization, or to a less intensive
 2349  component of a licensed service provider for assessment only,
 2350  upon receipt by the facility of a the physician’s certificate by
 2351  a physician, an advanced registered nurse practitioner, a
 2352  clinical psychologist, a licensed clinical social worker, a
 2353  licensed marriage and family therapist, a licensed mental health
 2354  counselor, a physician assistant working under the scope of
 2355  practice of the supervising physician, or a master’s-level
 2356  certified addictions professional, if the certificate is
 2357  specific to substance abuse disorders, and the completion of an
 2358  application for emergency admission.
 2359         Section 20. Section 397.6791, Florida Statutes, is amended
 2360  to read:
 2361         397.6791 Emergency admission; persons who may initiate.—The
 2362  following professionals persons may request a certificate for an
 2363  emergency assessment or admission:
 2364         (1) In the case of an adult, physicians, advanced
 2365  registered nurse practitioners, clinical psychologists, licensed
 2366  clinical social workers, licensed marriage and family
 2367  therapists, licensed mental health counselors, physician
 2368  assistants working under the scope of practice of the
 2369  supervising physician, and a master’s-level-certified addictions
 2370  professional, if the certificate is specific to substance abuse
 2371  disorders the certifying physician, the person’s spouse or legal
 2372  guardian, any relative of the person, or any other responsible
 2373  adult who has personal knowledge of the person’s substance abuse
 2374  impairment.
 2375         (2) In the case of a minor, the minor’s parent, legal
 2376  guardian, or legal custodian.
 2377         Section 21. Section 397.6793, Florida Statutes, is amended
 2378  to read:
 2379         397.6793 Professional’s Physician’s certificate for
 2380  emergency admission.—
 2381         (1) The professional’s physician’s certificate must include
 2382  the name of the person to be admitted, the relationship between
 2383  the person and the professional executing the certificate
 2384  physician, the relationship between the applicant and the
 2385  professional physician, any relationship between the
 2386  professional physician and the licensed service provider, and a
 2387  statement that the person has been examined and assessed within
 2388  the preceding 5 days of the application date, and must include
 2389  factual allegations with respect to the need for emergency
 2390  admission, including:
 2391         (a) The reason for the physician’s belief that the person
 2392  is substance abuse impaired; and
 2393         (b) The reason for the physician’s belief that because of
 2394  such impairment the person has lost the power of self-control
 2395  with respect to substance abuse; and either
 2396         (c)1. The reason for the belief physician believes that,
 2397  without care or treatment, the person is likely to suffer from
 2398  neglect or refuse to care for himself or herself; that such
 2399  neglect or refusal poses a real and present threat of
 2400  substantial harm to his or her well-being; and that it is not
 2401  apparent that such harm may be avoided through the help of
 2402  willing family members or friends or the provision of other
 2403  services or there is substantial likelihood that the person has
 2404  inflicted or is likely to inflict physical harm on himself or
 2405  herself or others unless admitted; or
 2406         2. The reason for the belief physician believes that the
 2407  person’s refusal to voluntarily receive care is based on
 2408  judgment so impaired by reason of substance abuse that the
 2409  person is incapable of appreciating his or her need for care and
 2410  of making a rational decision regarding his or her need for
 2411  care.
 2412         (2) The professional’s physician’s certificate must
 2413  recommend the least restrictive type of service that is
 2414  appropriate for the person. The certificate must be signed by
 2415  the professional physician. If other less restrictive means are
 2416  not available, such as voluntary appearance for outpatient
 2417  evaluation, a law enforcement officer shall take the person
 2418  named in the certificate into custody and deliver him or her to
 2419  the appropriate facility for involuntary examination.
 2420         (3) A signed copy of the professional’s physician’s
 2421  certificate shall accompany the person, and shall be made a part
 2422  of the person’s clinical record, together with a signed copy of
 2423  the application. The application and the professional’s
 2424  physician’s certificate authorize the involuntary admission of
 2425  the person pursuant to, and subject to the provisions of, ss.
 2426  397.679-397.6797.
 2427         (4) The professional’s certificate is valid for 7 days
 2428  after issuance.
 2429         (5)The professional’s physician’s certificate must
 2430  indicate whether the person requires transportation assistance
 2431  for delivery for emergency admission and specify, pursuant to s.
 2432  397.6795, the type of transportation assistance necessary.
 2433         Section 22. Section 397.6795, Florida Statutes, is amended
 2434  to read:
 2435         397.6795 Transportation-assisted delivery of persons for
 2436  emergency assessment.—An applicant for a person’s emergency
 2437  admission, or the person’s spouse or guardian, or a law
 2438  enforcement officer, or a health officer may deliver a person
 2439  named in the professional’s physician’s certificate for
 2440  emergency admission to a hospital or a licensed detoxification
 2441  facility or addictions receiving facility for emergency
 2442  assessment and stabilization.
 2443         Section 23. Subsection (1) of section 397.681, Florida
 2444  Statutes, is amended to read:
 2445         397.681 Involuntary petitions; general provisions; court
 2446  jurisdiction and right to counsel.—
 2447         (1) JURISDICTION.—The courts have jurisdiction of
 2448  involuntary assessment and stabilization petitions and
 2449  involuntary treatment petitions for substance abuse impaired
 2450  persons, and such petitions must be filed with the clerk of the
 2451  court in the county where the person is located. The court may
 2452  not charge a fee for the filing of a petition under this
 2453  section. The chief judge may appoint a general or special
 2454  magistrate to preside over all or part of the proceedings. The
 2455  alleged impaired person is named as the respondent.
 2456         Section 24. Subsection (1) of section 397.6811, Florida
 2457  Statutes, is amended to read:
 2458         397.6811 Involuntary assessment and stabilization.—A person
 2459  determined by the court to appear to meet the criteria for
 2460  involuntary admission under s. 397.675 may be admitted for a
 2461  period of 5 days to a hospital or to a licensed detoxification
 2462  facility or addictions receiving facility, for involuntary
 2463  assessment and stabilization or to a less restrictive component
 2464  of a licensed service provider for assessment only upon entry of
 2465  a court order or upon receipt by the licensed service provider
 2466  of a petition. Involuntary assessment and stabilization may be
 2467  initiated by the submission of a petition to the court.
 2468         (1) If the person upon whose behalf the petition is being
 2469  filed is an adult, a petition for involuntary assessment and
 2470  stabilization may be filed by the respondent’s spouse or , legal
 2471  guardian, any relative, a private practitioner, the director of
 2472  a licensed service provider or the director’s designee, or any
 2473  individual three adults who has direct have personal knowledge
 2474  of the respondent’s substance abuse impairment.
 2475         Section 25. Section 397.6814, Florida Statutes, is amended
 2476  to read:
 2477         397.6814 Involuntary assessment and stabilization; contents
 2478  of petition.—A petition for involuntary assessment and
 2479  stabilization must contain the name of the respondent,; the name
 2480  of the applicant or applicants,; the relationship between the
 2481  respondent and the applicant, and; the name of the respondent’s
 2482  attorney, if known, and a statement of the respondent’s ability
 2483  to afford an attorney; and must state facts to support the need
 2484  for involuntary assessment and stabilization, including:
 2485         (1) The reason for the petitioner’s belief that the
 2486  respondent is substance abuse impaired; and
 2487         (2) The reason for the petitioner’s belief that because of
 2488  such impairment the respondent has lost the power of self
 2489  control with respect to substance abuse; and either
 2490         (3)(a) The reason the petitioner believes that the
 2491  respondent has inflicted or is likely to inflict physical harm
 2492  on himself or herself or others unless admitted; or
 2493         (b) The reason the petitioner believes that the
 2494  respondent’s refusal to voluntarily receive care is based on
 2495  judgment so impaired by reason of substance abuse that the
 2496  respondent is incapable of appreciating his or her need for care
 2497  and of making a rational decision regarding that need for care.
 2498  If the respondent has refused to submit to an assessment, such
 2499  refusal must be alleged in the petition.
 2500  
 2501  A fee may not be charged for the filing of a petition pursuant
 2502  to this section.
 2503         Section 26. Section 397.6819, Florida Statutes, is amended
 2504  to read:
 2505         397.6819 Involuntary assessment and stabilization;
 2506  responsibility of licensed service provider.—A licensed service
 2507  provider may admit an individual for involuntary assessment and
 2508  stabilization for a period not to exceed 5 days unless a
 2509  petition for involuntary outpatient services has been initiated
 2510  which authorizes the licensed service provider to retain
 2511  physical custody of the person pending further order of the
 2512  court pursuant to s. 397.6822. The individual must be assessed
 2513  within 24 hours without unnecessary delay by a qualified
 2514  professional. The person may not be held pursuant to this
 2515  section beyond the 24-hour assessment period unless the
 2516  assessment has been reviewed and authorized by a licensed
 2517  physician as necessary for continued stabilization. If an
 2518  assessment is performed by a qualified professional who is not a
 2519  physician, the assessment must be reviewed by a physician before
 2520  the end of the assessment period.
 2521         Section 27. Section 397.695, Florida Statutes, is amended
 2522  to read:
 2523         397.695 Involuntary outpatient services treatment; persons
 2524  who may petition.—
 2525         (1)(a) If the respondent is an adult, a petition for
 2526  involuntary outpatient services treatment may be filed by the
 2527  respondent’s spouse or legal guardian, any relative, a service
 2528  provider, or any individual three adults who has direct have
 2529  personal knowledge of the respondent’s substance abuse
 2530  impairment and his or her prior course of assessment and
 2531  treatment.
 2532         (b) The administrator of a receiving facility, a crisis
 2533  stabilization unit, or an addictions receiving facility where
 2534  the patient has been examined may retain the patient at the
 2535  facility after adherence to the notice procedures provided in s.
 2536  397.6955. The recommendation for involuntary outpatient services
 2537  must be supported by the opinion of a qualified professional as
 2538  defined in s. 397.311(31) or a master’s-level-certified
 2539  addictions professional and by the second opinion of a
 2540  psychologist, a physician, or an advanced registered nurse
 2541  practitioner licensed under chapter 464, both of whom have
 2542  personally examined the patient within the preceding 72 hours,
 2543  that the criteria for involuntary outpatient services are met.
 2544  However, in a county having a population of fewer than 50,000,
 2545  if the administrator of the facility certifies that a qualified
 2546  professional is not available to provide the second opinion, the
 2547  second opinion may be provided by a physician who has
 2548  postgraduate training and experience in the diagnosis and
 2549  treatment of substance abuse disorders. Any second opinion
 2550  authorized in this section may be conducted through face-to-face
 2551  examination, in person, or by electronic means, including
 2552  telemedicine. Such recommendation must be entered on an
 2553  involuntary outpatient certificate that authorizes the facility
 2554  to retain the patient pending completion of a hearing. The
 2555  certificate must be made a part of the patient’s clinical
 2556  record.
 2557         (c) If the patient has been stabilized and no longer meets
 2558  the criteria for involuntary assessment and stabilization
 2559  pursuant to s. 397.6811, the patient must be released from the
 2560  facility while awaiting the hearing for involuntary outpatient
 2561  services. Before filing a petition for involuntary outpatient
 2562  services, the administrator of the facility must identify the
 2563  service provider that will have responsibility for service
 2564  provision under the order for involuntary outpatient services,
 2565  unless the person is otherwise participating in outpatient
 2566  substance abuse disorder services and is not in need of public
 2567  financing of the services, in which case the person, if
 2568  eligible, may be ordered to involuntary outpatient services
 2569  pursuant to the existing provision-of-services relationship he
 2570  or she has for substance abuse disorder services.
 2571         (d) The service provider shall prepare a written proposed
 2572  treatment plan in consultation with the patient or the patient’s
 2573  guardian advocate, if applicable, for the order for outpatient
 2574  services and provide a copy of the proposed treatment plan to
 2575  the patient and the administrator of the facility. The treatment
 2576  plan must specify the nature and extent of the patient’s
 2577  substance abuse disorder, address the reduction of symptoms that
 2578  necessitate involuntary outpatient services, and include
 2579  measurable goals and objectives for the services and treatment
 2580  that are provided to treat the person’s substance abuse disorder
 2581  and to assist the person in living and functioning in the
 2582  community or prevent relapse or further deterioration. Service
 2583  providers may coordinate, select, and supervise other
 2584  individuals to implement specific aspects of the treatment plan.
 2585  The services in the treatment plan must be deemed clinically
 2586  appropriate by a qualified professional who consults with, or is
 2587  employed by, the service provider. The service provider must
 2588  certify that the recommended services in the treatment plan are
 2589  available for the stabilization and improvement of the patient.
 2590  If the service provider certifies that the recommended services
 2591  in the proposed treatment plan are not available, the petition
 2592  may not be filed. The service provider must document its inquiry
 2593  with the department and the managing entity as to the
 2594  availability of the requested services. The managing entity must
 2595  document such efforts to obtain the requested services.
 2596         (e) If a patient in involuntary inpatient placement meets
 2597  the criteria for involuntary outpatient services, the
 2598  administrator of the treatment facility may, before the
 2599  expiration of the period during which the treatment facility is
 2600  authorized to retain the patient, recommend involuntary
 2601  outpatient services. The recommendation must be supported by the
 2602  opinion of a qualified professional as defined in s. 397.311(31)
 2603  or a master’s-level-certified addictions professional and by the
 2604  second opinion of a psychologist, a physician, an advanced
 2605  registered nurse practitioner licensed under chapter 464, or a
 2606  mental health professional licensed under chapter 491, both of
 2607  whom have personally examined the patient within the preceding
 2608  72 hours, that the criteria for involuntary outpatient services
 2609  are met. However, in a county having a population of fewer than
 2610  50,000, if the administrator of the facility certifies that a
 2611  qualified professional is not available to provide the second
 2612  opinion, the second opinion may be provided by a physician who
 2613  has postgraduate training and experience in the diagnosis and
 2614  treatment of substance abuse disorders. Any second opinion
 2615  authorized in this section may be conducted through face-to-face
 2616  examination, in person, or by electronic means, including
 2617  telemedicine. Such recommendation must be entered on an
 2618  involuntary outpatient certificate that authorizes the facility
 2619  to retain the patient pending completion of a hearing. The
 2620  certificate must be made a part of the patient’s clinical
 2621  record.
 2622         (f) The service provider who is responsible for providing
 2623  services under the order for involuntary outpatient services
 2624  must be identified before the entry of the order for outpatient
 2625  services. The service provider shall certify to the court that
 2626  the recommended services in the treatment plan are available for
 2627  the stabilization and improvement of the patient. If the service
 2628  provider certifies that the recommended services in the proposed
 2629  treatment plan are not available, the petition may not be filed.
 2630  The service provider must document its inquiry with the
 2631  department and the managing entity as to the availability of the
 2632  requested services. The managing entity must document such
 2633  efforts to obtain the requested services.
 2634         (2) If the respondent is a minor, a petition for
 2635  involuntary treatment may be filed by a parent, legal guardian,
 2636  or service provider.
 2637         Section 28. Section 397.6951, Florida Statutes, is amended
 2638  to read:
 2639         397.6951 Contents of petition for involuntary outpatient
 2640  services treatment.—A petition for involuntary outpatient
 2641  services treatment must contain the name of the respondent to be
 2642  admitted; the name of the petitioner or petitioners; the
 2643  relationship between the respondent and the petitioner; the name
 2644  of the respondent’s attorney, if known, and a statement of the
 2645  petitioner’s knowledge of the respondent’s ability to afford an
 2646  attorney; the findings and recommendations of the assessment
 2647  performed by the qualified professional; and the factual
 2648  allegations presented by the petitioner establishing the need
 2649  for involuntary outpatient services. The factual allegations
 2650  must demonstrate treatment, including:
 2651         (1) The reason for the petitioner’s belief that the
 2652  respondent is substance abuse impaired; and
 2653         (2) The respondent’s history of failure to comply with
 2654  requirements for treatment for substance abuse and that the
 2655  respondent has been involuntarily admitted to a receiving or
 2656  treatment facility at least twice within the immediately
 2657  preceding 36 months; The reason for the petitioner’s belief that
 2658  because of such impairment the respondent has lost the power of
 2659  self-control with respect to substance abuse; and either
 2660         (3) That the respondent is, as a result of his or her
 2661  substance abuse disorder, unlikely to voluntarily participate in
 2662  the recommended services after sufficient and conscientious
 2663  explanation and disclosure of the purpose of the services or he
 2664  or she is unable to determine for himself or herself whether
 2665  outpatient services are necessary;
 2666         (4) That, in view of the person’s treatment history and
 2667  current behavior, the person is in need of involuntary
 2668  outpatient services; that without services, the person is likely
 2669  to suffer from neglect or to refuse to care for himself or
 2670  herself; that such neglect or refusal poses a real and present
 2671  threat of substantial harm to his or her well-being; and that
 2672  there is a substantial likelihood that without services the
 2673  person will cause serious bodily harm to himself, herself, or
 2674  others in the near future, as evidenced by recent behavior; and
 2675         (5) That it is likely that the person will benefit from
 2676  involuntary outpatient services.
 2677         (3)(a) The reason the petitioner believes that the
 2678  respondent has inflicted or is likely to inflict physical harm
 2679  on himself or herself or others unless admitted; or
 2680         (b) The reason the petitioner believes that the
 2681  respondent’s refusal to voluntarily receive care is based on
 2682  judgment so impaired by reason of substance abuse that the
 2683  respondent is incapable of appreciating his or her need for care
 2684  and of making a rational decision regarding that need for care.
 2685         Section 29. Section 397.6955, Florida Statutes, is amended
 2686  to read:
 2687         397.6955 Duties of court upon filing of petition for
 2688  involuntary outpatient services treatment.—
 2689         (1) Upon the filing of a petition for the involuntary
 2690  outpatient services for treatment of a substance abuse impaired
 2691  person with the clerk of the court, the court shall immediately
 2692  determine whether the respondent is represented by an attorney
 2693  or whether the appointment of counsel for the respondent is
 2694  appropriate. If the court appoints counsel for the person, the
 2695  clerk of the court shall immediately notify the regional
 2696  conflict counsel, created pursuant to s. 27.511, of the
 2697  appointment. The regional conflict counsel shall represent the
 2698  person until the petition is dismissed, the court order expires,
 2699  or the person is discharged from involuntary outpatient
 2700  services. An attorney that represents the person named in the
 2701  petition shall have access to the person, witnesses, and records
 2702  relevant to the presentation of the person’s case and shall
 2703  represent the interests of the person, regardless of the source
 2704  of payment to the attorney.
 2705         (2) The court shall schedule a hearing to be held on the
 2706  petition within 5 10 days unless a continuance is granted. The
 2707  court may appoint a general or special master to preside at the
 2708  hearing.
 2709         (3) A copy of the petition and notice of the hearing must
 2710  be provided to the respondent; the respondent’s parent,
 2711  guardian, or legal custodian, in the case of a minor; the
 2712  respondent’s attorney, if known; the petitioner; the
 2713  respondent’s spouse or guardian, if applicable; and such other
 2714  persons as the court may direct. If the respondent is a minor, a
 2715  copy of the petition and notice of the hearing must be and have
 2716  such petition and order personally delivered to the respondent
 2717  if he or she is a minor. The court shall also issue a summons to
 2718  the person whose admission is sought.
 2719         Section 30. Section 397.6957, Florida Statutes, is amended
 2720  to read:
 2721         397.6957 Hearing on petition for involuntary outpatient
 2722  services treatment.—
 2723         (1) At a hearing on a petition for involuntary outpatient
 2724  services treatment, the court shall hear and review all relevant
 2725  evidence, including the review of results of the assessment
 2726  completed by the qualified professional in connection with the
 2727  respondent’s protective custody, emergency admission,
 2728  involuntary assessment, or alternative involuntary admission.
 2729  The respondent must be present unless the court finds that his
 2730  or her presence is likely to be injurious to himself or herself
 2731  or others, in which event the court must appoint a guardian
 2732  advocate to act in behalf of the respondent throughout the
 2733  proceedings.
 2734         (2) The petitioner has the burden of proving by clear and
 2735  convincing evidence that:
 2736         (a) The respondent is substance abuse impaired and has a
 2737  history of lack of compliance with treatment for substance
 2738  abuse;, and
 2739         (b) Because of such impairment the respondent is unlikely
 2740  to voluntarily participate in the recommended treatment or is
 2741  unable to determine for himself or herself whether outpatient
 2742  services are necessary the respondent has lost the power of
 2743  self-control with respect to substance abuse; and either
 2744         1. Without services, the respondent is likely to suffer
 2745  from neglect or to refuse to care for himself or herself; that
 2746  such neglect or refusal poses a real and present threat of
 2747  substantial harm to his or her well-being; and that there is a
 2748  substantial likelihood that without services the respondent will
 2749  cause serious bodily harm to himself or herself or others in the
 2750  near future, as evidenced by recent behavior The respondent has
 2751  inflicted or is likely to inflict physical harm on himself or
 2752  herself or others unless admitted; or
 2753         2. The respondent’s refusal to voluntarily receive care is
 2754  based on judgment so impaired by reason of substance abuse that
 2755  the respondent is incapable of appreciating his or her need for
 2756  care and of making a rational decision regarding that need for
 2757  care.
 2758         (3) One of the qualified professionals who executed the
 2759  involuntary outpatient services certificate must be a witness.
 2760  The court shall allow testimony from individuals, including
 2761  family members, deemed by the court to be relevant under state
 2762  law, regarding the respondent’s prior history and how that prior
 2763  history relates to the person’s current condition. The testimony
 2764  in the hearing must be under oath, and the proceedings must be
 2765  recorded. The patient may refuse to testify at the hearing.
 2766         (4)(3) At the conclusion of the hearing the court shall
 2767  either dismiss the petition or order the respondent to receive
 2768  undergo involuntary outpatient services from his or her
 2769  substance abuse treatment, with the respondent’s chosen licensed
 2770  service provider if to deliver the involuntary substance abuse
 2771  treatment where possible and appropriate.
 2772         Section 31. Section 397.697, Florida Statutes, is amended
 2773  to read:
 2774         397.697 Court determination; effect of court order for
 2775  involuntary outpatient services substance abuse treatment.—
 2776         (1) When the court finds that the conditions for
 2777  involuntary outpatient services substance abuse treatment have
 2778  been proved by clear and convincing evidence, it may order the
 2779  respondent to receive undergo involuntary outpatient services
 2780  from treatment by a licensed service provider for a period not
 2781  to exceed 60 days. If the court finds it necessary, it may
 2782  direct the sheriff to take the respondent into custody and
 2783  deliver him or her to the licensed service provider specified in
 2784  the court order, or to the nearest appropriate licensed service
 2785  provider, for involuntary outpatient services treatment. When
 2786  the conditions justifying involuntary outpatient services
 2787  treatment no longer exist, the individual must be released as
 2788  provided in s. 397.6971. When the conditions justifying
 2789  involuntary outpatient services treatment are expected to exist
 2790  after 60 days of services treatment, a renewal of the
 2791  involuntary outpatient services treatment order may be requested
 2792  pursuant to s. 397.6975 before prior to the end of the 60-day
 2793  period.
 2794         (2) In all cases resulting in an order for involuntary
 2795  outpatient services substance abuse treatment, the court shall
 2796  retain jurisdiction over the case and the parties for the entry
 2797  of such further orders as the circumstances may require. The
 2798  court’s requirements for notification of proposed release must
 2799  be included in the original treatment order.
 2800         (3) An involuntary outpatient services treatment order
 2801  authorizes the licensed service provider to require the
 2802  individual to receive services that undergo such treatment as
 2803  will benefit him or her, including services treatment at any
 2804  licensable service component of a licensed service provider.
 2805         (4) The court may not order involuntary outpatient services
 2806  if the service provider certifies to the court that the
 2807  recommended services are not available. The service provider
 2808  must document its inquiry with the department and the managing
 2809  entity as to the availability of the requested services. The
 2810  managing entity must document such efforts to obtain the
 2811  requested services.
 2812         (5) If the court orders involuntary outpatient services, a
 2813  copy of the order must be sent to the department and the
 2814  managing entity within 1 working day after it is received from
 2815  the court. After the order for outpatient services is issued,
 2816  the service provider and the patient may modify provisions of
 2817  the treatment plan. For any material modification of the
 2818  treatment plan to which the patient or the patient’s guardian
 2819  advocate, if appointed, agrees, the service provider shall send
 2820  notice of the modification to the court. Any material
 2821  modification of the treatment plan which is contested by the
 2822  patient or the guardian advocate, if applicable, must be
 2823  approved or disapproved by the court.
 2824         Section 32. Section 397.6971, Florida Statutes, is amended
 2825  to read:
 2826         397.6971 Early release from involuntary outpatient services
 2827  substance abuse treatment.—
 2828         (1) At any time before prior to the end of the 60-day
 2829  involuntary outpatient services treatment period, or prior to
 2830  the end of any extension granted pursuant to s. 397.6975, an
 2831  individual receiving admitted for involuntary outpatient
 2832  services treatment may be determined eligible for discharge to
 2833  the most appropriate referral or disposition for the individual
 2834  when any of the following apply:
 2835         (a) The individual no longer meets the criteria for
 2836  involuntary admission and has given his or her informed consent
 2837  to be transferred to voluntary treatment status.;
 2838         (b) If the individual was admitted on the grounds of
 2839  likelihood of infliction of physical harm upon himself or
 2840  herself or others, such likelihood no longer exists.; or
 2841         (c) If the individual was admitted on the grounds of need
 2842  for assessment and stabilization or treatment, accompanied by
 2843  inability to make a determination respecting such need, either:
 2844         1. Such inability no longer exists; or
 2845         2. It is evident that further treatment will not bring
 2846  about further significant improvements in the individual’s
 2847  condition.;
 2848         (d) The individual is no longer in need of services.; or
 2849         (e) The director of the service provider determines that
 2850  the individual is beyond the safe management capabilities of the
 2851  provider.
 2852         (2) Whenever a qualified professional determines that an
 2853  individual admitted for involuntary outpatient services
 2854  qualifies treatment is ready for early release under for any of
 2855  the reasons listed in subsection (1), the service provider shall
 2856  immediately discharge the individual, and must notify all
 2857  persons specified by the court in the original treatment order.
 2858         Section 33. Section 397.6975, Florida Statutes, is amended
 2859  to read:
 2860         397.6975 Extension of involuntary outpatient services
 2861  substance abuse treatment period.—
 2862         (1) Whenever a service provider believes that an individual
 2863  who is nearing the scheduled date of his or her release from
 2864  involuntary outpatient services treatment continues to meet the
 2865  criteria for involuntary outpatient services treatment in s.
 2866  397.693, a petition for renewal of the involuntary outpatient
 2867  services treatment order may be filed with the court at least 10
 2868  days before the expiration of the court-ordered outpatient
 2869  services treatment period. The court shall immediately schedule
 2870  a hearing to be held not more than 15 days after filing of the
 2871  petition. The court shall provide the copy of the petition for
 2872  renewal and the notice of the hearing to all parties to the
 2873  proceeding. The hearing is conducted pursuant to s. 397.6957.
 2874         (2) If the court finds that the petition for renewal of the
 2875  involuntary outpatient services treatment order should be
 2876  granted, it may order the respondent to receive undergo
 2877  involuntary outpatient services treatment for a period not to
 2878  exceed an additional 90 days. When the conditions justifying
 2879  involuntary outpatient services treatment no longer exist, the
 2880  individual must be released as provided in s. 397.6971. When the
 2881  conditions justifying involuntary outpatient services treatment
 2882  continue to exist after an additional 90 days of service
 2883  additional treatment, a new petition requesting renewal of the
 2884  involuntary outpatient services treatment order may be filed
 2885  pursuant to this section.
 2886         (3) Within 1 court working day after the filing of a
 2887  petition for continued involuntary outpatient services, the
 2888  court shall appoint the regional conflict counsel to represent
 2889  the respondent, unless the respondent is otherwise represented
 2890  by counsel. The clerk of the court shall immediately notify the
 2891  regional conflict counsel of such appointment. The regional
 2892  conflict counsel shall represent the respondent until the
 2893  petition is dismissed or the court order expires or the
 2894  respondent is discharged from involuntary outpatient services.
 2895  Any attorney representing the respondent shall have access to
 2896  the respondent, witnesses, and records relevant to the
 2897  presentation of the respondent’s case and shall represent the
 2898  interests of the respondent, regardless of the source of payment
 2899  to the attorney.
 2900         (4) Hearings on petitions for continued involuntary
 2901  outpatient services shall be before the circuit court. The court
 2902  may appoint a general or special master to preside at the
 2903  hearing. The procedures for obtaining an order pursuant to this
 2904  section shall be in accordance with s. 397.697.
 2905         (5) Notice of hearing shall be provided to the respondent
 2906  or his or her counsel. The respondent and the respondent’s
 2907  counsel may agree to a period of continued outpatient services
 2908  without a court hearing.
 2909         (6) The same procedure shall be repeated before the
 2910  expiration of each additional period of outpatient services.
 2911         (7) If the respondent has previously been found incompetent
 2912  to consent to treatment, the court shall consider testimony and
 2913  evidence regarding the respondent’s competence.
 2914         Section 34. Section 397.6977, Florida Statutes, is amended
 2915  to read:
 2916         397.6977 Disposition of individual upon completion of
 2917  involuntary outpatient services substance abuse treatment.—At
 2918  the conclusion of the 60-day period of court-ordered involuntary
 2919  outpatient services treatment, the respondent individual is
 2920  automatically discharged unless a motion for renewal of the
 2921  involuntary outpatient services treatment order has been filed
 2922  with the court pursuant to s. 397.6975.
 2923         Section 35. Section 397.6978, Florida Statutes, is created
 2924  to read:
 2925         397.6978 Guardian advocate; patient incompetent to consent;
 2926  substance abuse disorder.
 2927         (1) The administrator of a receiving facility or addictions
 2928  receiving facility may petition the court for the appointment of
 2929  a guardian advocate based upon the opinion of a qualified
 2930  professional that the patient is incompetent to consent to
 2931  treatment. If the court finds that a patient is incompetent to
 2932  consent to treatment and has not been adjudicated incapacitated
 2933  and that a guardian with the authority to consent to mental
 2934  health treatment has not been appointed, it shall appoint a
 2935  guardian advocate. The patient has the right to have an attorney
 2936  represent him or her at the hearing. If the person is indigent,
 2937  the court shall appoint the office of the regional conflict
 2938  counsel to represent him or her at the hearing. The patient has
 2939  the right to testify, cross-examine witnesses, and present
 2940  witnesses. The proceeding shall be recorded electronically or
 2941  stenographically, and testimony must be provided under oath. One
 2942  of the qualified professionals authorized to give an opinion in
 2943  support of a petition for involuntary placement, as described in
 2944  s. 397.675 or s. 397.6981, must testify. A guardian advocate
 2945  must meet the qualifications of a guardian contained in part IV
 2946  of chapter 744. The person who is appointed as a guardian
 2947  advocate must agree to the appointment.
 2948         (2) The following persons are prohibited from appointment
 2949  as a patient’s guardian advocate:
 2950         (a) A professional providing clinical services to the
 2951  individual under this part.
 2952         (b) The qualified professional who initiated the
 2953  involuntary examination of the individual, if the examination
 2954  was initiated by a qualified professional’s certificate.
 2955         (c) An employee, an administrator, or a board member of the
 2956  facility providing the examination of the individual.
 2957         (d) An employee, an administrator, or a board member of the
 2958  treatment facility providing treatment of the individual.
 2959         (e) A person providing any substantial professional
 2960  services to the individual, including clinical and nonclinical
 2961  services.
 2962         (f) A creditor of the individual.
 2963         (g) A person subject to an injunction for protection
 2964  against domestic violence under s. 741.30, whether the order of
 2965  injunction is temporary or final, and for which the individual
 2966  was the petitioner.
 2967         (h) A person subject to an injunction for protection
 2968  against repeat violence, sexual violence, or dating violence
 2969  under s. 784.046, whether the order of injunction is temporary
 2970  or final, and for which the individual was the petitioner.
 2971         (3) A facility requesting appointment of a guardian
 2972  advocate must, before the appointment, provide the prospective
 2973  guardian advocate with information about the duties and
 2974  responsibilities of guardian advocates, including information
 2975  about the ethics of medical decisionmaking. Before asking a
 2976  guardian advocate to give consent to treatment for a patient,
 2977  the facility must provide to the guardian advocate sufficient
 2978  information so that the guardian advocate can decide whether to
 2979  give express and informed consent to the treatment. Such
 2980  information must include information that demonstrates that the
 2981  treatment is essential to the care of the patient and does not
 2982  present an unreasonable risk of serious, hazardous, or
 2983  irreversible side effects. If possible, before giving consent to
 2984  treatment, the guardian advocate must personally meet and talk
 2985  with the patient and the patient’s physician. If that is not
 2986  possible, the discussion may be conducted by telephone. The
 2987  decision of the guardian advocate may be reviewed by the court,
 2988  upon petition of the patient’s attorney, the patient’s family,
 2989  or the facility administrator.
 2990         (4) In lieu of the training required for guardians
 2991  appointed pursuant to chapter 744, a guardian advocate shall
 2992  attend at least a 4-hour training course approved by the court
 2993  before exercising his or her authority. At a minimum, the
 2994  training course must include information about patient rights,
 2995  the diagnosis of substance abuse disorders, the ethics of
 2996  medical decisionmaking, and the duties of guardian advocates.
 2997         (5) The required training course and the information to be
 2998  supplied to prospective guardian advocates before their
 2999  appointment must be developed by the department, approved by the
 3000  chief judge of the circuit court, and taught by a court-approved
 3001  organization, which may include, but need not be limited to, a
 3002  community college, a guardianship organization, a local bar
 3003  association, or The Florida Bar. The court may waive some or all
 3004  of the training requirements for guardian advocates or impose
 3005  additional requirements. The court shall make its decision on a
 3006  case-by-case basis and, in making its decision, shall consider
 3007  the experience and education of the guardian advocate, the
 3008  duties assigned to the guardian advocate, and the needs of the
 3009  patient.
 3010         (6) In selecting a guardian advocate, the court shall give
 3011  preference to the patient’s health care surrogate, if one has
 3012  already been designated by the patient. If the patient has not
 3013  previously designated a health care surrogate, the selection
 3014  shall be made, except for good cause documented in the court
 3015  record, from among the following persons, listed in order of
 3016  priority:
 3017         (a) The patient’s spouse.
 3018         (b) An adult child of the patient.
 3019         (c) A parent of the patient.
 3020         (d) The adult next of kin of the patient.
 3021         (e) An adult friend of the patient.
 3022         (f) An adult trained and willing to serve as the guardian
 3023  advocate for the patient.
 3024         (7) If a guardian with the authority to consent to medical
 3025  treatment has not already been appointed, or if the patient has
 3026  not already designated a health care surrogate, the court may
 3027  authorize the guardian advocate to consent to medical treatment
 3028  as well as substance abuse disorder treatment. Unless otherwise
 3029  limited by the court, a guardian advocate with authority to
 3030  consent to medical treatment has the same authority to make
 3031  health care decisions and is subject to the same restrictions as
 3032  a proxy appointed under part IV of chapter 765. Unless the
 3033  guardian advocate has sought and received express court approval
 3034  in a proceeding separate from the proceeding to determine the
 3035  competence of the patient to consent to medical treatment, the
 3036  guardian advocate may not consent to:
 3037         (a) Abortion.
 3038         (b) Sterilization.
 3039         (c) Electroshock therapy.
 3040         (d) Psychosurgery.
 3041         (e) Experimental treatments that have not been approved by
 3042  a federally approved institutional review board in accordance
 3043  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 3044  
 3045  The court must base its authorization on evidence that the
 3046  treatment or procedure is essential to the care of the patient
 3047  and that the treatment does not present an unreasonable risk of
 3048  serious, hazardous, or irreversible side effects. In complying
 3049  with this subsection, the court shall follow the procedures set
 3050  forth in subsection (1).
 3051         (8) The guardian advocate shall be discharged when the
 3052  patient is discharged from an order for involuntary outpatient
 3053  services or involuntary inpatient placement or when the patient
 3054  is transferred from involuntary to voluntary status. The court
 3055  or a hearing officer shall consider the competence of the
 3056  patient as provided in subsection (1) and may consider an
 3057  involuntarily placed patient’s competence to consent to
 3058  treatment at any hearing. Upon sufficient evidence, the court
 3059  may restore, or the hearing officer may recommend that the court
 3060  restore, the patient’s competence. A copy of the order restoring
 3061  competence or the certificate of discharge containing the
 3062  restoration of competence shall be provided to the patient and
 3063  the guardian advocate.
 3064         Section 36. Paragraph (a) of subsection (3) of section
 3065  39.407, Florida Statutes, is amended to read:
 3066         39.407 Medical, psychiatric, and psychological examination
 3067  and treatment of child; physical, mental, or substance abuse
 3068  examination of person with or requesting child custody.—
 3069         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 3070  or paragraph (e), before the department provides psychotropic
 3071  medications to a child in its custody, the prescribing physician
 3072  shall attempt to obtain express and informed consent, as defined
 3073  in s. 394.455(15) s. 394.455(9) and as described in s.
 3074  394.459(3)(a), from the child’s parent or legal guardian. The
 3075  department must take steps necessary to facilitate the inclusion
 3076  of the parent in the child’s consultation with the physician.
 3077  However, if the parental rights of the parent have been
 3078  terminated, the parent’s location or identity is unknown or
 3079  cannot reasonably be ascertained, or the parent declines to give
 3080  express and informed consent, the department may, after
 3081  consultation with the prescribing physician, seek court
 3082  authorization to provide the psychotropic medications to the
 3083  child. Unless parental rights have been terminated and if it is
 3084  possible to do so, the department shall continue to involve the
 3085  parent in the decisionmaking process regarding the provision of
 3086  psychotropic medications. If, at any time, a parent whose
 3087  parental rights have not been terminated provides express and
 3088  informed consent to the provision of a psychotropic medication,
 3089  the requirements of this section that the department seek court
 3090  authorization do not apply to that medication until such time as
 3091  the parent no longer consents.
 3092         2. Any time the department seeks a medical evaluation to
 3093  determine the need to initiate or continue a psychotropic
 3094  medication for a child, the department must provide to the
 3095  evaluating physician all pertinent medical information known to
 3096  the department concerning that child.
 3097         Section 37. Paragraph (e) of subsection (5) of section
 3098  212.055, Florida Statutes, is amended to read:
 3099         212.055 Discretionary sales surtaxes; legislative intent;
 3100  authorization and use of proceeds.—It is the legislative intent
 3101  that any authorization for imposition of a discretionary sales
 3102  surtax shall be published in the Florida Statutes as a
 3103  subsection of this section, irrespective of the duration of the
 3104  levy. Each enactment shall specify the types of counties
 3105  authorized to levy; the rate or rates which may be imposed; the
 3106  maximum length of time the surtax may be imposed, if any; the
 3107  procedure which must be followed to secure voter approval, if
 3108  required; the purpose for which the proceeds may be expended;
 3109  and such other requirements as the Legislature may provide.
 3110  Taxable transactions and administrative procedures shall be as
 3111  provided in s. 212.054.
 3112         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
 3113  s. 125.011(1) may levy the surtax authorized in this subsection
 3114  pursuant to an ordinance either approved by extraordinary vote
 3115  of the county commission or conditioned to take effect only upon
 3116  approval by a majority vote of the electors of the county voting
 3117  in a referendum. In a county as defined in s. 125.011(1), for
 3118  the purposes of this subsection, “county public general
 3119  hospital” means a general hospital as defined in s. 395.002
 3120  which is owned, operated, maintained, or governed by the county
 3121  or its agency, authority, or public health trust.
 3122         (e) A governing board, agency, or authority shall be
 3123  chartered by the county commission upon this act becoming law.
 3124  The governing board, agency, or authority shall adopt and
 3125  implement a health care plan for indigent health care services.
 3126  The governing board, agency, or authority shall consist of no
 3127  more than seven and no fewer than five members appointed by the
 3128  county commission. The members of the governing board, agency,
 3129  or authority shall be at least 18 years of age and residents of
 3130  the county. No member may be employed by or affiliated with a
 3131  health care provider or the public health trust, agency, or
 3132  authority responsible for the county public general hospital.
 3133  The following community organizations shall each appoint a
 3134  representative to a nominating committee: the South Florida
 3135  Hospital and Healthcare Association, the Miami-Dade County
 3136  Public Health Trust, the Dade County Medical Association, the
 3137  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
 3138  County. This committee shall nominate between 10 and 14 county
 3139  citizens for the governing board, agency, or authority. The
 3140  slate shall be presented to the county commission and the county
 3141  commission shall confirm the top five to seven nominees,
 3142  depending on the size of the governing board. Until such time as
 3143  the governing board, agency, or authority is created, the funds
 3144  provided for in subparagraph (d)2. shall be placed in a
 3145  restricted account set aside from other county funds and not
 3146  disbursed by the county for any other purpose.
 3147         1. The plan shall divide the county into a minimum of four
 3148  and maximum of six service areas, with no more than one
 3149  participant hospital per service area. The county public general
 3150  hospital shall be designated as the provider for one of the
 3151  service areas. Services shall be provided through participants’
 3152  primary acute care facilities.
 3153         2. The plan and subsequent amendments to it shall fund a
 3154  defined range of health care services for both indigent persons
 3155  and the medically poor, including primary care, preventive care,
 3156  hospital emergency room care, and hospital care necessary to
 3157  stabilize the patient. For the purposes of this section,
 3158  “stabilization” means stabilization as defined in s. 397.311(42)
 3159  s. 397.311(41). Where consistent with these objectives, the plan
 3160  may include services rendered by physicians, clinics, community
 3161  hospitals, and alternative delivery sites, as well as at least
 3162  one regional referral hospital per service area. The plan shall
 3163  provide that agreements negotiated between the governing board,
 3164  agency, or authority and providers shall recognize hospitals
 3165  that render a disproportionate share of indigent care, provide
 3166  other incentives to promote the delivery of charity care to draw
 3167  down federal funds where appropriate, and require cost
 3168  containment, including, but not limited to, case management.
 3169  From the funds specified in subparagraphs (d)1. and 2. for
 3170  indigent health care services, service providers shall receive
 3171  reimbursement at a Medicaid rate to be determined by the
 3172  governing board, agency, or authority created pursuant to this
 3173  paragraph for the initial emergency room visit, and a per-member
 3174  per-month fee or capitation for those members enrolled in their
 3175  service area, as compensation for the services rendered
 3176  following the initial emergency visit. Except for provisions of
 3177  emergency services, upon determination of eligibility,
 3178  enrollment shall be deemed to have occurred at the time services
 3179  were rendered. The provisions for specific reimbursement of
 3180  emergency services shall be repealed on July 1, 2001, unless
 3181  otherwise reenacted by the Legislature. The capitation amount or
 3182  rate shall be determined before prior to program implementation
 3183  by an independent actuarial consultant. In no event shall such
 3184  reimbursement rates exceed the Medicaid rate. The plan must also
 3185  provide that any hospitals owned and operated by government
 3186  entities on or after the effective date of this act must, as a
 3187  condition of receiving funds under this subsection, afford
 3188  public access equal to that provided under s. 286.011 as to any
 3189  meeting of the governing board, agency, or authority the subject
 3190  of which is budgeting resources for the retention of charity
 3191  care, as that term is defined in the rules of the Agency for
 3192  Health Care Administration. The plan shall also include
 3193  innovative health care programs that provide cost-effective
 3194  alternatives to traditional methods of service and delivery
 3195  funding.
 3196         3. The plan’s benefits shall be made available to all
 3197  county residents currently eligible to receive health care
 3198  services as indigents or medically poor as defined in paragraph
 3199  (4)(d).
 3200         4. Eligible residents who participate in the health care
 3201  plan shall receive coverage for a period of 12 months or the
 3202  period extending from the time of enrollment to the end of the
 3203  current fiscal year, per enrollment period, whichever is less.
 3204         5. At the end of each fiscal year, the governing board,
 3205  agency, or authority shall prepare an audit that reviews the
 3206  budget of the plan, delivery of services, and quality of
 3207  services, and makes recommendations to increase the plan’s
 3208  efficiency. The audit shall take into account participant
 3209  hospital satisfaction with the plan and assess the amount of
 3210  poststabilization patient transfers requested, and accepted or
 3211  denied, by the county public general hospital.
 3212         Section 38. Paragraph (c) of subsection (2) of section
 3213  394.4599, Florida Statutes, is amended to read:
 3214         394.4599 Notice.—
 3215         (2) INVOLUNTARY ADMISSION.—
 3216         (c)1. A receiving facility shall give notice of the
 3217  whereabouts of a minor who is being involuntarily held for
 3218  examination pursuant to s. 394.463 to the minor’s parent,
 3219  guardian, caregiver, or guardian advocate, in person or by
 3220  telephone or other form of electronic communication, immediately
 3221  after the minor’s arrival at the facility. The facility may
 3222  delay notification for no more than 24 hours after the minor’s
 3223  arrival if the facility has submitted a report to the central
 3224  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 3225  suspicion of abuse, abandonment, or neglect and if the facility
 3226  deems a delay in notification to be in the minor’s best
 3227  interest.
 3228         2. The receiving facility shall attempt to notify the
 3229  minor’s parent, guardian, caregiver, or guardian advocate until
 3230  the receiving facility receives confirmation from the parent,
 3231  guardian, caregiver, or guardian advocate, verbally, by
 3232  telephone or other form of electronic communication, or by
 3233  recorded message, that notification has been received. Attempts
 3234  to notify the parent, guardian, caregiver, or guardian advocate
 3235  must be repeated at least once every hour during the first 12
 3236  hours after the minor’s arrival and once every 24 hours
 3237  thereafter and must continue until such confirmation is
 3238  received, unless the minor is released at the end of the 72-hour
 3239  examination period, or until a petition for involuntary services
 3240  placement is filed with the court pursuant to s. 394.463(2)(g)
 3241  s. 394.463(2)(i). The receiving facility may seek assistance
 3242  from a law enforcement agency to notify the minor’s parent,
 3243  guardian, caregiver, or guardian advocate if the facility has
 3244  not received within the first 24 hours after the minor’s arrival
 3245  a confirmation by the parent, guardian, caregiver, or guardian
 3246  advocate that notification has been received. The receiving
 3247  facility must document notification attempts in the minor’s
 3248  clinical record.
 3249         Section 39. Subsection (3) of section 394.495, Florida
 3250  Statutes, is amended to read:
 3251         394.495 Child and adolescent mental health system of care;
 3252  programs and services.—
 3253         (3) Assessments must be performed by:
 3254         (a) A professional as defined in s. 394.455(7), (33), (36),
 3255  (37), or (38) s. 394.455(2), (4), (21), (23), or (24);
 3256         (b) A professional licensed under chapter 491; or
 3257         (c) A person who is under the direct supervision of a
 3258  professional as defined in s. 394.455(7), (33), (36), (37), or
 3259  (38) s. 394.455(2), (4), (21), (23), or (24) or a professional
 3260  licensed under chapter 491.
 3261         Section 40. Subsection (5) of section 394.496, Florida
 3262  Statutes, is amended to read:
 3263         394.496 Service planning.—
 3264         (5) A professional as defined in s. 394.455(7), (33), (36),
 3265  (37), or (38) s. 394.455(2), (4), (21), (23), or (24) or a
 3266  professional licensed under chapter 491 must be included among
 3267  those persons developing the services plan.
 3268         Section 41. Subsection (6) of section 394.9085, Florida
 3269  Statutes, is amended to read:
 3270         394.9085 Behavioral provider liability.—
 3271         (6) For purposes of this section, the terms “detoxification
 3272  services,” “addictions receiving facility,” and “receiving
 3273  facility” have the same meanings as those provided in ss.
 3274  397.311(23)(a)4., 397.311(23)(a)1., and 394.455(41) ss.
 3275  397.311(22)(a)4., 397.311(22)(a)1., and 394.455(26),
 3276  respectively.
 3277         Section 42. Subsection (8) of section 397.405, Florida
 3278  Statutes, is amended to read:
 3279         397.405 Exemptions from licensure.—The following are exempt
 3280  from the licensing provisions of this chapter:
 3281         (8) A legally cognizable church or nonprofit religious
 3282  organization or denomination providing substance abuse services,
 3283  including prevention services, which are solely religious,
 3284  spiritual, or ecclesiastical in nature. A church or nonprofit
 3285  religious organization or denomination providing any of the
 3286  licensed service components itemized under s. 397.311(23) s.
 3287  397.311(22) is not exempt from substance abuse licensure but
 3288  retains its exemption with respect to all services which are
 3289  solely religious, spiritual, or ecclesiastical in nature.
 3290  
 3291  The exemptions from licensure in this section do not apply to
 3292  any service provider that receives an appropriation, grant, or
 3293  contract from the state to operate as a service provider as
 3294  defined in this chapter or to any substance abuse program
 3295  regulated pursuant to s. 397.406. Furthermore, this chapter may
 3296  not be construed to limit the practice of a physician or
 3297  physician assistant licensed under chapter 458 or chapter 459, a
 3298  psychologist licensed under chapter 490, a psychotherapist
 3299  licensed under chapter 491, or an advanced registered nurse
 3300  practitioner licensed under part I of chapter 464, who provides
 3301  substance abuse treatment, so long as the physician, physician
 3302  assistant, psychologist, psychotherapist, or advanced registered
 3303  nurse practitioner does not represent to the public that he or
 3304  she is a licensed service provider and does not provide services
 3305  to individuals pursuant to part V of this chapter. Failure to
 3306  comply with any requirement necessary to maintain an exempt
 3307  status under this section is a misdemeanor of the first degree,
 3308  punishable as provided in s. 775.082 or s. 775.083.
 3309         Section 43. Subsections (1) and (5) of section 397.407,
 3310  Florida Statutes, are amended to read:
 3311         397.407 Licensure process; fees.—
 3312         (1) The department shall establish the licensure process to
 3313  include fees and categories of licenses and must prescribe a fee
 3314  range that is based, at least in part, on the number and
 3315  complexity of programs listed in s. 397.311(23) s. 397.311(22)
 3316  which are operated by a licensee. The fees from the licensure of
 3317  service components are sufficient to cover at least 50 percent
 3318  of the costs of regulating the service components. The
 3319  department shall specify a fee range for public and privately
 3320  funded licensed service providers. Fees for privately funded
 3321  licensed service providers must exceed the fees for publicly
 3322  funded licensed service providers.
 3323         (5) The department may issue probationary, regular, and
 3324  interim licenses. The department shall issue one license for
 3325  each service component that is operated by a service provider
 3326  and defined pursuant to s. 397.311(23) s. 397.311(22). The
 3327  license is valid only for the specific service components listed
 3328  for each specific location identified on the license. The
 3329  licensed service provider shall apply for a new license at least
 3330  60 days before the addition of any service components or 30 days
 3331  before the relocation of any of its service sites. Provision of
 3332  service components or delivery of services at a location not
 3333  identified on the license may be considered an unlicensed
 3334  operation that authorizes the department to seek an injunction
 3335  against operation as provided in s. 397.401, in addition to
 3336  other sanctions authorized by s. 397.415. Probationary and
 3337  regular licenses may be issued only after all required
 3338  information has been submitted. A license may not be
 3339  transferred. As used in this subsection, the term “transfer”
 3340  includes, but is not limited to, the transfer of a majority of
 3341  the ownership interest in the licensed entity or transfer of
 3342  responsibilities under the license to another entity by
 3343  contractual arrangement.
 3344         Section 44. Section 397.416, Florida Statutes, is amended
 3345  to read:
 3346         397.416 Substance abuse treatment services; qualified
 3347  professional.—Notwithstanding any other provision of law, a
 3348  person who was certified through a certification process
 3349  recognized by the former Department of Health and Rehabilitative
 3350  Services before January 1, 1995, may perform the duties of a
 3351  qualified professional with respect to substance abuse treatment
 3352  services as defined in this chapter, and need not meet the
 3353  certification requirements contained in s. 397.311(31) s.
 3354  397.311(30).
 3355         Section 45. Paragraph (b) of subsection (1) of section
 3356  409.972, Florida Statutes, is amended to read:
 3357         409.972 Mandatory and voluntary enrollment.—
 3358         (1) The following Medicaid-eligible persons are exempt from
 3359  mandatory managed care enrollment required by s. 409.965, and
 3360  may voluntarily choose to participate in the managed medical
 3361  assistance program:
 3362         (b) Medicaid recipients residing in residential commitment
 3363  facilities operated through the Department of Juvenile Justice
 3364  or a mental health treatment facility facilities as defined in
 3365  by s. 394.455(50) s. 394.455(32).
 3366         Section 46. Paragraphs (d) and (g) of subsection (1) of
 3367  section 440.102, Florida Statutes, are amended to read:
 3368         440.102 Drug-free workplace program requirements.—The
 3369  following provisions apply to a drug-free workplace program
 3370  implemented pursuant to law or to rules adopted by the Agency
 3371  for Health Care Administration:
 3372         (1) DEFINITIONS.—Except where the context otherwise
 3373  requires, as used in this act:
 3374         (d) “Drug rehabilitation program” means a service provider,
 3375  established pursuant to s. 397.311(40) s. 397.311(39), that
 3376  provides confidential, timely, and expert identification,
 3377  assessment, and resolution of employee drug abuse.
 3378         (g) “Employee assistance program” means an established
 3379  program capable of providing expert assessment of employee
 3380  personal concerns; confidential and timely identification
 3381  services with regard to employee drug abuse; referrals of
 3382  employees for appropriate diagnosis, treatment, and assistance;
 3383  and followup services for employees who participate in the
 3384  program or require monitoring after returning to work. If, in
 3385  addition to the above activities, an employee assistance program
 3386  provides diagnostic and treatment services, these services shall
 3387  in all cases be provided by service providers pursuant to s.
 3388  397.311(40) s. 397.311(39).
 3389         Section 47. Subsection (7) of section 744.704, Florida
 3390  Statutes, is amended to read:
 3391         744.704 Powers and duties.—
 3392         (7) A public guardian may shall not commit a ward to a
 3393  mental health treatment facility, as defined in s. 394.455(50)
 3394  s. 394.455(32), without an involuntary placement proceeding as
 3395  provided by law.
 3396         Section 48. Paragraph (a) of subsection (2) of section
 3397  790.065, Florida Statutes, is amended to read:
 3398         790.065 Sale and delivery of firearms.—
 3399         (2) Upon receipt of a request for a criminal history record
 3400  check, the Department of Law Enforcement shall, during the
 3401  licensee’s call or by return call, forthwith:
 3402         (a) Review any records available to determine if the
 3403  potential buyer or transferee:
 3404         1. Has been convicted of a felony and is prohibited from
 3405  receipt or possession of a firearm pursuant to s. 790.23;
 3406         2. Has been convicted of a misdemeanor crime of domestic
 3407  violence, and therefore is prohibited from purchasing a firearm;
 3408         3. Has had adjudication of guilt withheld or imposition of
 3409  sentence suspended on any felony or misdemeanor crime of
 3410  domestic violence unless 3 years have elapsed since probation or
 3411  any other conditions set by the court have been fulfilled or
 3412  expunction has occurred; or
 3413         4. Has been adjudicated mentally defective or has been
 3414  committed to a mental institution by a court or as provided in
 3415  sub-sub-subparagraph b.(II), and as a result is prohibited by
 3416  state or federal law from purchasing a firearm.
 3417         a. As used in this subparagraph, “adjudicated mentally
 3418  defective” means a determination by a court that a person, as a
 3419  result of marked subnormal intelligence, or mental illness,
 3420  incompetency, condition, or disease, is a danger to himself or
 3421  herself or to others or lacks the mental capacity to contract or
 3422  manage his or her own affairs. The phrase includes a judicial
 3423  finding of incapacity under s. 744.331(6)(a), an acquittal by
 3424  reason of insanity of a person charged with a criminal offense,
 3425  and a judicial finding that a criminal defendant is not
 3426  competent to stand trial.
 3427         b. As used in this subparagraph, “committed to a mental
 3428  institution” means:
 3429         (I) Involuntary commitment, commitment for mental
 3430  defectiveness or mental illness, and commitment for substance
 3431  abuse. The phrase includes involuntary inpatient placement as
 3432  defined in s. 394.467, involuntary outpatient services placement
 3433  as defined in s. 394.4655, involuntary assessment and
 3434  stabilization under s. 397.6818, and involuntary substance abuse
 3435  treatment under s. 397.6957, but does not include a person in a
 3436  mental institution for observation or discharged from a mental
 3437  institution based upon the initial review by the physician or a
 3438  voluntary admission to a mental institution; or
 3439         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 3440  admission to a mental institution for outpatient or inpatient
 3441  treatment of a person who had an involuntary examination under
 3442  s. 394.463, where each of the following conditions have been
 3443  met:
 3444         (A) An examining physician found that the person is an
 3445  imminent danger to himself or herself or others.
 3446         (B) The examining physician certified that if the person
 3447  did not agree to voluntary treatment, a petition for involuntary
 3448  outpatient or inpatient services treatment would have been filed
 3449  under s. 394.463(2)(g) s. 394.463(2)(i)4., or the examining
 3450  physician certified that a petition was filed and the person
 3451  subsequently agreed to voluntary treatment before prior to a
 3452  court hearing on the petition.
 3453         (C) Before agreeing to voluntary treatment, the person
 3454  received written notice of that finding and certification, and
 3455  written notice that as a result of such finding, he or she may
 3456  be prohibited from purchasing a firearm, and may not be eligible
 3457  to apply for or retain a concealed weapon or firearms license
 3458  under s. 790.06 and the person acknowledged such notice in
 3459  writing, in substantially the following form:
 3460  
 3461         “I understand that the doctor who examined me believes
 3462         I am a danger to myself or to others. I understand
 3463         that if I do not agree to voluntary treatment, a
 3464         petition will be filed in court to require me to
 3465         receive involuntary treatment. I understand that if
 3466         that petition is filed, I have the right to contest
 3467         it. In the event a petition has been filed, I
 3468         understand that I can subsequently agree to voluntary
 3469         treatment prior to a court hearing. I understand that
 3470         by agreeing to voluntary treatment in either of these
 3471         situations, I may be prohibited from buying firearms
 3472         and from applying for or retaining a concealed weapons
 3473         or firearms license until I apply for and receive
 3474         relief from that restriction under Florida law.”
 3475  
 3476         (D) A judge or a magistrate has, pursuant to sub-sub
 3477  subparagraph c.(II), reviewed the record of the finding,
 3478  certification, notice, and written acknowledgment classifying
 3479  the person as an imminent danger to himself or herself or
 3480  others, and ordered that such record be submitted to the
 3481  department.
 3482         c. In order to check for these conditions, the department
 3483  shall compile and maintain an automated database of persons who
 3484  are prohibited from purchasing a firearm based on court records
 3485  of adjudications of mental defectiveness or commitments to
 3486  mental institutions.
 3487         (I) Except as provided in sub-sub-subparagraph (II), clerks
 3488  of court shall submit these records to the department within 1
 3489  month after the rendition of the adjudication or commitment.
 3490  Reports shall be submitted in an automated format. The reports
 3491  must, at a minimum, include the name, along with any known alias
 3492  or former name, the sex, and the date of birth of the subject.
 3493         (II) For persons committed to a mental institution pursuant
 3494  to sub-sub-subparagraph b.(II), within 24 hours after the
 3495  person’s agreement to voluntary admission, a record of the
 3496  finding, certification, notice, and written acknowledgment must
 3497  be filed by the administrator of the receiving or treatment
 3498  facility, as defined in s. 394.455, with the clerk of the court
 3499  for the county in which the involuntary examination under s.
 3500  394.463 occurred. No fee shall be charged for the filing under
 3501  this sub-sub-subparagraph. The clerk must present the records to
 3502  a judge or magistrate within 24 hours after receipt of the
 3503  records. A judge or magistrate is required and has the lawful
 3504  authority to review the records ex parte and, if the judge or
 3505  magistrate determines that the record supports the classifying
 3506  of the person as an imminent danger to himself or herself or
 3507  others, to order that the record be submitted to the department.
 3508  If a judge or magistrate orders the submittal of the record to
 3509  the department, the record must be submitted to the department
 3510  within 24 hours.
 3511         d. A person who has been adjudicated mentally defective or
 3512  committed to a mental institution, as those terms are defined in
 3513  this paragraph, may petition the circuit court that made the
 3514  adjudication or commitment, or the court that ordered that the
 3515  record be submitted to the department pursuant to sub-sub
 3516  subparagraph c.(II), for relief from the firearm disabilities
 3517  imposed by such adjudication or commitment. A copy of the
 3518  petition shall be served on the state attorney for the county in
 3519  which the person was adjudicated or committed. The state
 3520  attorney may object to and present evidence relevant to the
 3521  relief sought by the petition. The hearing on the petition may
 3522  be open or closed as the petitioner may choose. The petitioner
 3523  may present evidence and subpoena witnesses to appear at the
 3524  hearing on the petition. The petitioner may confront and cross
 3525  examine witnesses called by the state attorney. A record of the
 3526  hearing shall be made by a certified court reporter or by court
 3527  approved electronic means. The court shall make written findings
 3528  of fact and conclusions of law on the issues before it and issue
 3529  a final order. The court shall grant the relief requested in the
 3530  petition if the court finds, based on the evidence presented
 3531  with respect to the petitioner’s reputation, the petitioner’s
 3532  mental health record and, if applicable, criminal history
 3533  record, the circumstances surrounding the firearm disability,
 3534  and any other evidence in the record, that the petitioner will
 3535  not be likely to act in a manner that is dangerous to public
 3536  safety and that granting the relief would not be contrary to the
 3537  public interest. If the final order denies relief, the
 3538  petitioner may not petition again for relief from firearm
 3539  disabilities until 1 year after the date of the final order. The
 3540  petitioner may seek judicial review of a final order denying
 3541  relief in the district court of appeal having jurisdiction over
 3542  the court that issued the order. The review shall be conducted
 3543  de novo. Relief from a firearm disability granted under this
 3544  sub-subparagraph has no effect on the loss of civil rights,
 3545  including firearm rights, for any reason other than the
 3546  particular adjudication of mental defectiveness or commitment to
 3547  a mental institution from which relief is granted.
 3548         e. Upon receipt of proper notice of relief from firearm
 3549  disabilities granted under sub-subparagraph d., the department
 3550  shall delete any mental health record of the person granted
 3551  relief from the automated database of persons who are prohibited
 3552  from purchasing a firearm based on court records of
 3553  adjudications of mental defectiveness or commitments to mental
 3554  institutions.
 3555         f. The department is authorized to disclose data collected
 3556  pursuant to this subparagraph to agencies of the Federal
 3557  Government and other states for use exclusively in determining
 3558  the lawfulness of a firearm sale or transfer. The department is
 3559  also authorized to disclose this data to the Department of
 3560  Agriculture and Consumer Services for purposes of determining
 3561  eligibility for issuance of a concealed weapons or concealed
 3562  firearms license and for determining whether a basis exists for
 3563  revoking or suspending a previously issued license pursuant to
 3564  s. 790.06(10). When a potential buyer or transferee appeals a
 3565  nonapproval based on these records, the clerks of court and
 3566  mental institutions shall, upon request by the department,
 3567  provide information to help determine whether the potential
 3568  buyer or transferee is the same person as the subject of the
 3569  record. Photographs and any other data that could confirm or
 3570  negate identity must be made available to the department for
 3571  such purposes, notwithstanding any other provision of state law
 3572  to the contrary. Any such information that is made confidential
 3573  or exempt from disclosure by law shall retain such confidential
 3574  or exempt status when transferred to the department.
 3575         Section 49. This act shall take effect July 1, 2016.