CS for SB 12                                     First Engrossed
       
       
       
       
       
       
       
       
       201612e1
       
    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         39.407, F.S.; requiring assessment findings to be
   10         provided to the plan that is financially responsible
   11         for a child’s care in residential treatment under
   12         certain circumstances; amending s. 39.507, F.S.;
   13         providing for consideration of mental health issues
   14         and involvement in treatment-based mental health
   15         programs in adjudicatory hearings and orders;
   16         providing requirements for certain court orders;
   17         amending s. 39.521, F.S.; providing for consideration
   18         of mental health issues and involvement in treatment
   19         based mental health programs in disposition hearings;
   20         providing requirements for certain court orders;
   21         amending s. 394.455, F.S.; defining terms; revising
   22         definitions; amending s. 394.4573, F.S.; requiring the
   23         Department of Children and Families to submit a
   24         certain assessment to the Governor and the Legislature
   25         by a specified date; redefining terms; providing
   26         essential elements of a coordinated system of care;
   27         providing requirements for the department’s annual
   28         assessment; authorizing the department to award
   29         certain grants; deleting duties and measures of the
   30         department regarding continuity of care management
   31         systems; amending s. 394.4597, F.S.; revising the
   32         prioritization of health care surrogates to be
   33         selected for involuntary patients; specifying certain
   34         persons who are prohibited from being selected as an
   35         individual’s representative; amending s. 394.4598,
   36         F.S.; specifying certain persons who are prohibited
   37         from being appointed as a person’s guardian advocate;
   38         amending s. 394.462, F.S.; requiring that counties
   39         develop and implement transportation plans; providing
   40         requirements for the plans; revising requirements for
   41         transportation to receiving facilities and treatment
   42         facilities; deleting exceptions to such requirements;
   43         amending s. 394.463, F.S.; authorizing county or
   44         circuit courts to enter ex parte orders for
   45         involuntary examinations; requiring a facility to
   46         provide copies of ex parte orders, reports, and
   47         certifications to managing entities and the
   48         department, rather than the Agency for Health Care
   49         Administration; requiring the managing entity and
   50         department to receive certain orders, certificates,
   51         and reports; requiring the managing entity and the
   52         department to receive and maintain copies of certain
   53         documents; prohibiting a person from being held for
   54         involuntary examination for more than a specified
   55         period of time; providing exceptions; requiring
   56         certain individuals to be released to law enforcement
   57         custody; providing exceptions; amending s. 394.4655,
   58         F.S.; providing for involuntary outpatient services;
   59         requiring a service provider to document certain
   60         inquiries; requiring the managing entity to document
   61         certain efforts; making technical changes; amending s.
   62         394.467, F.S.; revising criteria for involuntary
   63         inpatient placement; requiring a facility filing a
   64         petition for involuntary inpatient placement to send a
   65         copy to the department and managing entity; revising
   66         criteria for a hearing on involuntary inpatient
   67         placement; revising criteria for a procedure for
   68         continued involuntary inpatient services; specifying
   69         requirements for a certain waiver of the patient’s
   70         attendance at a hearing; requiring the court to
   71         consider certain testimony and evidence regarding a
   72         patient’s incompetence; amending s. 394.46715, F.S.;
   73         revising rulemaking authority of the department;
   74         amending s. 394.656, F.S.; revising the membership of
   75         the Criminal Justice, Mental Health, and Substance
   76         Abuse Statewide Grant Review Committee; providing
   77         duties for the committee; authorizing a not-for-profit
   78         community provider or managing entity to apply for
   79         certain grants; revising eligibility for such grants;
   80         defining a term; creating s. 394.761, F.S.;
   81         authorizing the agency and the department to develop a
   82         plan for revenue maximization; requiring the plan to
   83         be submitted to the Legislature by a certain date;
   84         amending s. 394.875, F.S.; requiring the department to
   85         modify licensure rules and procedures to create an
   86         option for a single, consolidated license for certain
   87         providers by a specified date; amending s. 394.9082,
   88         F.S.; providing a purpose for behavioral health
   89         managing entities; revising definitions; providing
   90         duties of the department; requiring the department to
   91         revise its contracts with managing entities; providing
   92         duties for managing entities; renaming the Crisis
   93         Stabilization Services Utilization Database as the
   94         Acute Care Utilization Database and requiring certain
   95         substance abuse providers to provide utilization data;
   96         deleting provisions relating to legislative findings
   97         and intent, service delivery strategies, essential
   98         elements, reporting requirements, and rulemaking
   99         authority; amending s. 397.311, F.S.; defining the
  100         terms “informed consent” and “involuntary services”;
  101         revising the definition of the term “qualified
  102         professional”; conforming a cross-reference; amending
  103         s. 397.675, F.S.; revising the criteria for
  104         involuntary admissions due to substance abuse or co
  105         occurring mental health disorders; amending s.
  106         397.679, F.S.; specifying the licensed professionals
  107         who may complete a certificate for the involuntary
  108         admission of an individual; amending s. 397.6791,
  109         F.S.; providing a list of professionals authorized to
  110         initiate a certificate for an emergency assessment or
  111         admission of a person with a substance abuse disorder;
  112         amending s. 397.6793, F.S.; revising the criteria for
  113         initiation of a certificate for an emergency admission
  114         for a person who is substance abuse impaired; amending
  115         s. 397.6795, F.S.; revising the list of persons who
  116         may deliver a person for an emergency assessment;
  117         amending s. 397.681, F.S.; prohibiting the court from
  118         charging a fee for involuntary petitions; amending s.
  119         397.6811, F.S.; revising the list of persons who may
  120         file a petition for an involuntary assessment and
  121         stabilization; amending s. 397.6814, F.S.; prohibiting
  122         a fee from being charged for the filing of a petition
  123         for involuntary assessment and stabilization; amending
  124         s. 397.6819, F.S.; revising the responsibilities of
  125         service providers who admit an individual for an
  126         involuntary assessment and stabilization; requiring a
  127         managing entity to be notified of certain
  128         recommendations; amending s. 397.695, F.S.;
  129         authorizing certain persons to file a petition for
  130         involuntary outpatient services of an individual;
  131         providing procedures and requirements for such
  132         petitions; amending s. 397.6951, F.S.; requiring that
  133         certain additional information be included in a
  134         petition for involuntary outpatient services; amending
  135         s. 397.6955, F.S.; requiring a court to fulfill
  136         certain additional duties upon the filing of a
  137         petition for involuntary outpatient services; amending
  138         s. 397.6957, F.S.; providing additional requirements
  139         for a hearing on a petition for involuntary outpatient
  140         services; amending s. 397.697, F.S.; authorizing a
  141         court to make a determination of involuntary
  142         outpatient services; authorizing a court to order a
  143         respondent to undergo treatment through a privately
  144         funded licensed service provider under certain
  145         circumstances; prohibiting a court from ordering
  146         involuntary outpatient services under certain
  147         circumstances; requiring the service provider to
  148         document certain inquiries; requiring the managing
  149         entity to document certain efforts; requiring a copy
  150         of the court’s order to be sent to the department and
  151         managing entity; providing procedures for
  152         modifications to such orders; amending s. 397.6971,
  153         F.S.; establishing the requirements for an early
  154         release from involuntary outpatient services; amending
  155         s. 397.6975, F.S.; requiring the court to appoint
  156         certain counsel; providing requirements for hearings
  157         on petitions for continued involuntary outpatient
  158         services; requiring notice of such hearings; amending
  159         s. 397.6977, F.S.; conforming provisions to changes
  160         made by the act; creating s. 397.6978, F.S.; providing
  161         for the appointment of guardian advocates if an
  162         individual is found incompetent to consent to
  163         treatment; providing a list of persons prohibited from
  164         being appointed as an individual’s guardian advocate;
  165         providing requirements for a facility requesting the
  166         appointment of a guardian advocate; requiring a
  167         training course for guardian advocates; providing
  168         requirements for the training course; providing
  169         requirements for the prioritization of individuals to
  170         be selected as guardian advocates; authorizing certain
  171         guardian advocates to consent to medical treatment;
  172         providing exceptions; providing procedures for the
  173         discharge of a guardian advocate; amending s. 409.967,
  174         F.S.; requiring managed care plans to provide for
  175         quality care; amending s. 409.973, F.S.; providing an
  176         integrated behavioral health initiative; amending s.
  177         491.0045, F.S.; revising registration requirements for
  178         interns; repealing s. 394.4674, F.S., relating to the
  179         comprehensive plan and report on the
  180         deinstitutionalization of patients in a treatment
  181         facility; repealing s. 394.4985, F.S., relating to the
  182         implementation of a districtwide information and
  183         referral network; repealing s. 394.745, F.S., relating
  184         to the annual report on the compliance of providers
  185         under contract with the department; repealing s.
  186         397.331, F.S., relating to definitions and legislative
  187         intent; repealing part IX of chapter 397, consisting
  188         of ss. 397.801, 397.811, and 397.821, F.S., relating
  189         to substance abuse impairment services coordination;
  190         repealing s. 397.901, F.S., relating to prototype
  191         juvenile addictions receiving facilities; repealing s.
  192         397.93, F.S., relating to target populations for
  193         children’s substance abuse services; repealing s.
  194         397.94, F.S., relating to the information and referral
  195         network for children’s substance abuse services;
  196         repealing s. 397.951, F.S., relating to substance
  197         abuse treatment and sanctions; repealing s. 397.97,
  198         F.S., relating to demonstration models for children’s
  199         substance abuse services; repealing s. 397.98, F.S.,
  200         relating to utilization management for children’s
  201         substance abuse services; amending ss. 39.407,
  202         212.055, 394.4599, 394.495, 394.496, 394.9085,
  203         397.321, 397.405, 397.407, 397.416, 397.4871, 409.966,
  204         409.972, 440.102, 744.704, and 790.065, F.S.;
  205         conforming cross-references; requiring the Department
  206         of Children and Families to create a workgroup on the
  207         use of advance directives for substance use disorders;
  208         requiring a report to the Governor, President of the
  209         Senate, and Speaker of the House of Representatives;
  210         providing an effective date.
  211          
  212  Be It Enacted by the Legislature of the State of Florida:
  213  
  214         Section 1. Paragraph (e) is added to subsection (10) of
  215  section 29.004, Florida Statutes, to read:
  216         29.004 State courts system.—For purposes of implementing s.
  217  14, Art. V of the State Constitution, the elements of the state
  218  courts system to be provided from state revenues appropriated by
  219  general law are as follows:
  220         (10) Case management. Case management includes:
  221         (e) Service referral, coordination, monitoring, and
  222  tracking for mental health programs under chapter 394.
  223  
  224  Case management may not include costs associated with the
  225  application of therapeutic jurisprudence principles by the
  226  courts. Case management also may not include case intake and
  227  records management conducted by the clerk of court.
  228         Section 2. Subsection (6) of section 39.001, Florida
  229  Statutes, is amended to read:
  230         39.001 Purposes and intent; personnel standards and
  231  screening.—
  232         (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
  233         (a) The Legislature recognizes that early referral and
  234  comprehensive treatment can help combat mental illness and
  235  substance abuse disorders in families and that treatment is
  236  cost-effective.
  237         (b) The Legislature establishes the following goals for the
  238  state related to mental illness and substance abuse treatment
  239  services in the dependency process:
  240         1. To ensure the safety of children.
  241         2. To prevent and remediate the consequences of mental
  242  illness and substance abuse disorders on families involved in
  243  protective supervision or foster care and reduce the occurrences
  244  of mental illness and substance abuse disorders, including
  245  alcohol abuse or other related disorders, for families who are
  246  at risk of being involved in protective supervision or foster
  247  care.
  248         3. To expedite permanency for children and reunify healthy,
  249  intact families, when appropriate.
  250         4. To support families in recovery.
  251         (c) The Legislature finds that children in the care of the
  252  state’s dependency system need appropriate health care services,
  253  that the impact of mental illnesses and substance abuse on
  254  health indicates the need for health care services to include
  255  treatment for mental health and substance abuse disorders for
  256  services to children and parents where appropriate, and that it
  257  is in the state’s best interest that such children be provided
  258  the services they need to enable them to become and remain
  259  independent of state care. In order to provide these services,
  260  the state’s dependency system must have the ability to identify
  261  and provide appropriate intervention and treatment for children
  262  with personal or family-related mental illness and substance
  263  abuse problems.
  264         (d) It is the intent of the Legislature to encourage the
  265  use of the mental health programs established under chapter 394
  266  and the drug court program model established under by s. 397.334
  267  and authorize courts to assess children and persons who have
  268  custody or are requesting custody of children where good cause
  269  is shown to identify and address mental illnesses and substance
  270  abuse disorders problems as the court deems appropriate at every
  271  stage of the dependency process. Participation in treatment,
  272  including a treatment-based mental health court program or a
  273  treatment-based drug court program, may be required by the court
  274  following adjudication. Participation in assessment and
  275  treatment before prior to adjudication is shall be voluntary,
  276  except as provided in s. 39.407(16).
  277         (e) It is therefore the purpose of the Legislature to
  278  provide authority for the state to contract with mental health
  279  service providers and community substance abuse treatment
  280  providers for the development and operation of specialized
  281  support and overlay services for the dependency system, which
  282  will be fully implemented and used as resources permit.
  283         (f) Participation in a treatment-based mental health court
  284  program or a the treatment-based drug court program does not
  285  divest any public or private agency of its responsibility for a
  286  child or adult, but is intended to enable these agencies to
  287  better meet their needs through shared responsibility and
  288  resources.
  289         Section 3. Paragraph (c) of subsection (6) of section
  290  39.407, Florida Statutes, is amended to read:
  291         39.407 Medical, psychiatric, and psychological examination
  292  and treatment of child; physical, mental, or substance abuse
  293  examination of person with or requesting child custody.—
  294         (6) Children who are in the legal custody of the department
  295  may be placed by the department, without prior approval of the
  296  court, in a residential treatment center licensed under s.
  297  394.875 or a hospital licensed under chapter 395 for residential
  298  mental health treatment only pursuant to this section or may be
  299  placed by the court in accordance with an order of involuntary
  300  examination or involuntary placement entered pursuant to s.
  301  394.463 or s. 394.467. All children placed in a residential
  302  treatment program under this subsection must have a guardian ad
  303  litem appointed.
  304         (c) Before a child is admitted under this subsection, the
  305  child shall be assessed for suitability for residential
  306  treatment by a qualified evaluator who has conducted a personal
  307  examination and assessment of the child and has made written
  308  findings that:
  309         1. The child appears to have an emotional disturbance
  310  serious enough to require residential treatment and is
  311  reasonably likely to benefit from the treatment.
  312         2. The child has been provided with a clinically
  313  appropriate explanation of the nature and purpose of the
  314  treatment.
  315         3. All available modalities of treatment less restrictive
  316  than residential treatment have been considered, and a less
  317  restrictive alternative that would offer comparable benefits to
  318  the child is unavailable.
  319  
  320  A copy of the written findings of the evaluation and suitability
  321  assessment must be provided to the department, and to the
  322  guardian ad litem, and, if the child is a member of a Medicaid
  323  Managed Health Care Plan, to the plan that is financially
  324  responsible for the child’s care in residential treatment, any
  325  of whom must be provided who shall have the opportunity to
  326  discuss the findings with the evaluator.
  327         Section 4. Subsection (10) of section 39.507, Florida
  328  Statutes, is amended to read:
  329         39.507 Adjudicatory hearings; orders of adjudication.—
  330         (10) After an adjudication of dependency, or a finding of
  331  dependency in which where adjudication is withheld, the court
  332  may order a person who has, custody or is requesting, custody of
  333  the child to submit to a mental health or substance abuse
  334  disorder assessment or evaluation. The order may be made only
  335  upon good cause shown and pursuant to notice and procedural
  336  requirements provided under the Florida Rules of Juvenile
  337  Procedure. The assessment or evaluation must be administered by
  338  an appropriate a qualified professional, as defined in s.
  339  394.455 or s. 397.311. The court may also require such person to
  340  participate in and comply with treatment and services identified
  341  as necessary, including, when appropriate and available,
  342  participation in and compliance with a mental health program
  343  established under chapter 394 or a treatment-based drug court
  344  program established under s. 397.334. In addition to supervision
  345  by the department, the court, including a treatment-based mental
  346  health court program or a the treatment-based drug court
  347  program, may oversee the progress and compliance with treatment
  348  by a person who has custody or is requesting custody of the
  349  child. The court may impose appropriate available sanctions for
  350  noncompliance upon a person who has custody or is requesting
  351  custody of the child or make a finding of noncompliance for
  352  consideration in determining whether an alternative placement of
  353  the child is in the child’s best interests. Any order entered
  354  under this subsection may be made only upon good cause shown.
  355  This subsection does not authorize placement of a child with a
  356  person seeking custody, other than the parent or legal
  357  custodian, who requires mental health or substance abuse
  358  disorder treatment.
  359         Section 5. Paragraph (b) of subsection (1) of section
  360  39.521, Florida Statutes, is amended to read:
  361         39.521 Disposition hearings; powers of disposition.—
  362         (1) A disposition hearing shall be conducted by the court,
  363  if the court finds that the facts alleged in the petition for
  364  dependency were proven in the adjudicatory hearing, or if the
  365  parents or legal custodians have consented to the finding of
  366  dependency or admitted the allegations in the petition, have
  367  failed to appear for the arraignment hearing after proper
  368  notice, or have not been located despite a diligent search
  369  having been conducted.
  370         (b) When any child is adjudicated by a court to be
  371  dependent, the court having jurisdiction of the child has the
  372  power by order to:
  373         1. Require the parent and, when appropriate, the legal
  374  custodian and the child to participate in treatment and services
  375  identified as necessary. The court may require the person who
  376  has custody or who is requesting custody of the child to submit
  377  to a mental illness or substance abuse disorder assessment or
  378  evaluation. The order may be made only upon good cause shown and
  379  pursuant to notice and procedural requirements provided under
  380  the Florida Rules of Juvenile Procedure. The assessment or
  381  evaluation must be administered by an appropriate a qualified
  382  professional, as defined in s. 394.455 or s. 397.311. The court
  383  may also require such person to participate in and comply with
  384  treatment and services identified as necessary, including, when
  385  appropriate and available, participation in and compliance with
  386  a mental health program established under chapter 394 or a
  387  treatment-based drug court program established under s. 397.334.
  388  In addition to supervision by the department, the court,
  389  including a treatment-based mental health court program or a the
  390  treatment-based drug court program, may oversee the progress and
  391  compliance with treatment by a person who has custody or is
  392  requesting custody of the child. The court may impose
  393  appropriate available sanctions for noncompliance upon a person
  394  who has custody or is requesting custody of the child or make a
  395  finding of noncompliance for consideration in determining
  396  whether an alternative placement of the child is in the child’s
  397  best interests. Any order entered under this subparagraph may be
  398  made only upon good cause shown. This subparagraph does not
  399  authorize placement of a child with a person seeking custody of
  400  the child, other than the child’s parent or legal custodian, who
  401  requires mental health or substance abuse treatment.
  402         2. Require, if the court deems necessary, the parties to
  403  participate in dependency mediation.
  404         3. Require placement of the child either under the
  405  protective supervision of an authorized agent of the department
  406  in the home of one or both of the child’s parents or in the home
  407  of a relative of the child or another adult approved by the
  408  court, or in the custody of the department. Protective
  409  supervision continues until the court terminates it or until the
  410  child reaches the age of 18, whichever date is first. Protective
  411  supervision shall be terminated by the court whenever the court
  412  determines that permanency has been achieved for the child,
  413  whether with a parent, another relative, or a legal custodian,
  414  and that protective supervision is no longer needed. The
  415  termination of supervision may be with or without retaining
  416  jurisdiction, at the court’s discretion, and shall in either
  417  case be considered a permanency option for the child. The order
  418  terminating supervision by the department must shall set forth
  419  the powers of the custodian of the child and shall include the
  420  powers ordinarily granted to a guardian of the person of a minor
  421  unless otherwise specified. Upon the court’s termination of
  422  supervision by the department, no further judicial reviews are
  423  not required if, so long as permanency has been established for
  424  the child.
  425         Section 6. Section 394.455, Florida Statutes, is amended to
  426  read:
  427         394.455 Definitions.—As used in this part, unless the
  428  context clearly requires otherwise, the term:
  429         (1) Access center” means a facility staffed by medical,
  430  behavioral, and substance abuse professionals which provides
  431  emergency screening and evaluation for mental health or
  432  substance abuse disorders and may provide transportation to an
  433  appropriate facility if an individual is in need of more
  434  intensive services.
  435         (2) “Addictions receiving facility” is a secure, acute care
  436  facility that, at a minimum, provides emergency screening,
  437  evaluation, detoxification and stabilization services; is
  438  operated 24 hours per day, 7 days per week; and is designated by
  439  the department to serve individuals found to have substance
  440  abuse impairment who qualify for services under this part.
  441         (3)(1) “Administrator” means the chief administrative
  442  officer of a receiving or treatment facility or his or her
  443  designee.
  444         (4) “Adult” means an individual who is 18 years of age or
  445  older or who has had the disability of nonage removed under
  446  chapter 743.
  447         (5) “Advanced registered nurse practitioner” means any
  448  person licensed in this state to practice professional nursing
  449  who is certified in advanced or specialized nursing practice
  450  under s. 464.012.
  451         (6)(2) “Clinical psychologist” means a psychologist as
  452  defined in s. 490.003(7) with 3 years of postdoctoral experience
  453  in the practice of clinical psychology, inclusive of the
  454  experience required for licensure, or a psychologist employed by
  455  a facility operated by the United States Department of Veterans
  456  Affairs that qualifies as a receiving or treatment facility
  457  under this part.
  458         (7)(3) “Clinical record” means all parts of the record
  459  required to be maintained and includes all medical records,
  460  progress notes, charts, and admission and discharge data, and
  461  all other information recorded by a facility staff which
  462  pertains to the patient’s hospitalization or treatment.
  463         (8)(4) “Clinical social worker” means a person licensed as
  464  a clinical social worker under s. 491.005 or s. 491.006 chapter
  465  491.
  466         (9)(5) “Community facility” means a any community service
  467  provider that contracts contracting with the department to
  468  furnish substance abuse or mental health services under part IV
  469  of this chapter.
  470         (10)(6) “Community mental health center or clinic” means a
  471  publicly funded, not-for-profit center that which contracts with
  472  the department for the provision of inpatient, outpatient, day
  473  treatment, or emergency services.
  474         (11)(7) “Court,” unless otherwise specified, means the
  475  circuit court.
  476         (12)(8) “Department” means the Department of Children and
  477  Families.
  478         (13)“Designated receiving facility” means a facility
  479  approved by the department which may be a public or private
  480  hospital, crisis stabilization unit, addictions receiving
  481  facility and provides, at a minimum, emergency screening,
  482  evaluation, and short-term stabilization for mental health or
  483  substance abuse disorders, and which may have an agreement with
  484  a corresponding facility for transportation and services.
  485         (14) “Detoxification facility” means a facility licensed to
  486  provide detoxification services under chapter 397.
  487         (15) “Electronic means” is a form of telecommunication
  488  which requires all parties to maintain visual as well as audio
  489  communication when being used to conduct an examination by a
  490  qualified professional.
  491         (16)(9) “Express and informed consent” means consent
  492  voluntarily given in writing, by a competent person, after
  493  sufficient explanation and disclosure of the subject matter
  494  involved to enable the person to make a knowing and willful
  495  decision without any element of force, fraud, deceit, duress, or
  496  other form of constraint or coercion.
  497         (17)(10) “Facility” means any hospital, community facility,
  498  public or private facility, or receiving or treatment facility
  499  providing for the evaluation, diagnosis, care, treatment,
  500  training, or hospitalization of persons who appear to have a
  501  mental illness or who have been diagnosed as having a mental
  502  illness or substance abuse impairment. The term “Facility” does
  503  not include a any program or an entity licensed under pursuant
  504  to chapter 400 or chapter 429.
  505         (18) “Governmental facility” means a facility owned,
  506  operated, or administered by the Department of Corrections or
  507  the United States Department of Veterans Affairs.
  508         (19)(11) “Guardian” means the natural guardian of a minor,
  509  or a person appointed by a court to act on behalf of a ward’s
  510  person if the ward is a minor or has been adjudicated
  511  incapacitated.
  512         (20)(12) “Guardian advocate” means a person appointed by a
  513  court to make decisions regarding mental health or substance
  514  abuse treatment on behalf of a patient who has been found
  515  incompetent to consent to treatment pursuant to this part. The
  516  guardian advocate may be granted specific additional powers by
  517  written order of the court, as provided in this part.
  518         (21)(13) “Hospital” means a hospital facility as defined in
  519  s. 395.002 and licensed under chapter 395 and part II of chapter
  520  408.
  521         (22)(14) “Incapacitated” means that a person has been
  522  adjudicated incapacitated pursuant to part V of chapter 744 and
  523  a guardian of the person has been appointed.
  524         (23)(15) “Incompetent to consent to treatment” means a
  525  state in which that a person’s judgment is so affected by a his
  526  or her mental illness or a substance abuse impairment, that he
  527  or she the person lacks the capacity to make a well-reasoned,
  528  willful, and knowing decision concerning his or her medical, or
  529  mental health, or substance abuse treatment.
  530         (24) “Involuntary examination” means an examination
  531  performed under s. 394.463 or s. 397.675 to determine whether a
  532  person qualifies for involuntary services.
  533         (25) “Involuntary services” in this part means court
  534  ordered outpatient services or inpatient placement for mental
  535  health treatment pursuant to s. 394.4655 or s. 394.467.
  536         (26)(16) “Law enforcement officer” has the same meaning as
  537  provided means a law enforcement officer as defined in s.
  538  943.10.
  539         (27) “Marriage and family therapist” means a person
  540  licensed to practice marriage and family therapy under s.
  541  491.005 or s. 491.006.
  542         (28) “Mental health counselor” means a person licensed to
  543  practice mental health counseling under s. 491.005 or s.
  544  491.006.
  545         (29)(17) “Mental health overlay program” means a mobile
  546  service that which provides an independent examination for
  547  voluntary admission admissions and a range of supplemental
  548  onsite services to persons with a mental illness in a
  549  residential setting such as a nursing home, an assisted living
  550  facility, or an adult family-care home, or a nonresidential
  551  setting such as an adult day care center. Independent
  552  examinations provided pursuant to this part through a mental
  553  health overlay program must only be provided under contract with
  554  the department for this service or be attached to a public
  555  receiving facility that is also a community mental health
  556  center.
  557         (30)(18) “Mental illness” means an impairment of the mental
  558  or emotional processes that exercise conscious control of one’s
  559  actions or of the ability to perceive or understand reality,
  560  which impairment substantially interferes with the person’s
  561  ability to meet the ordinary demands of living. For the purposes
  562  of this part, the term does not include a developmental
  563  disability as defined in chapter 393, intoxication, or
  564  conditions manifested only by antisocial behavior or substance
  565  abuse impairment.
  566         (31) “Minor” means an individual who is 17 years of age or
  567  younger and who has not had the disability of nonage removed
  568  pursuant to s. 743.01 or s. 743.015.
  569         (32)(19) “Mobile crisis response service” means a
  570  nonresidential crisis service attached to a public receiving
  571  facility and available 24 hours a day, 7 days a week, through
  572  which provides immediate intensive assessments and
  573  interventions, including screening for admission into a mental
  574  health receiving facility, an addictions receiving facility, or
  575  a detoxification facility, take place for the purpose of
  576  identifying appropriate treatment services.
  577         (33)(20) “Patient” means any person, with or without a co
  578  occurring substance abuse disorder who is held or accepted for
  579  mental health treatment.
  580         (34)(21) “Physician” means a medical practitioner licensed
  581  under chapter 458 or chapter 459 who has experience in the
  582  diagnosis and treatment of mental and nervous disorders or a
  583  physician employed by a facility operated by the United States
  584  Department of Veterans Affairs or the United States Department
  585  of Defense which qualifies as a receiving or treatment facility
  586  under this part.
  587         (35) “Physician assistant” means a person licensed under
  588  chapter 458 or chapter 459 who has experience in the diagnosis
  589  and treatment of mental disorders.
  590         (36)(22) “Private facility” means any hospital or facility
  591  operated by a for-profit or not-for-profit corporation or
  592  association which that provides mental health or substance abuse
  593  services and is not a public facility.
  594         (37)(23) “Psychiatric nurse” means an advanced registered
  595  nurse practitioner certified under s. 464.012 who has a master’s
  596  or doctoral degree in psychiatric nursing, holds a national
  597  advanced practice certification as a psychiatric mental health
  598  advanced practice nurse, and has 2 years of post-master’s
  599  clinical experience under the supervision of a physician.
  600         (38)(24) “Psychiatrist” means a medical practitioner
  601  licensed under chapter 458 or chapter 459 who has primarily
  602  diagnosed and treated mental and nervous disorders for at least
  603  a period of not less than 3 years, inclusive of psychiatric
  604  residency.
  605         (39)(25) “Public facility” means a any facility that has
  606  contracted with the department to provide mental health services
  607  to all persons, regardless of their ability to pay, and is
  608  receiving state funds for such purpose.
  609         (40) “Qualified professional” means a physician or a
  610  physician assistant licensed under chapter 458 or chapter 459; a
  611  professional licensed under chapter 490.003(7) or chapter 491; a
  612  psychiatrist licensed under chapter 458 or chapter 459; or a
  613  psychiatric nurse as defined in subsection (37).
  614         (41)(26) “Receiving facility” means any public or private
  615  facility or hospital designated by the department to receive and
  616  hold or refer, as appropriate, involuntary patients under
  617  emergency conditions or for mental health or substance abuse
  618  psychiatric evaluation and to provide short-term treatment or
  619  transportation to the appropriate service provider. The term
  620  does not include a county jail.
  621         (42)(27) “Representative” means a person selected to
  622  receive notice of proceedings during the time a patient is held
  623  in or admitted to a receiving or treatment facility.
  624         (43)(28)(a) “Restraint” means: a physical device, method,
  625  or drug used to control behavior.
  626         (a) A physical restraint, including is any manual method or
  627  physical or mechanical device, material, or equipment attached
  628  or adjacent to an the individual’s body so that he or she cannot
  629  easily remove the restraint and which restricts freedom of
  630  movement or normal access to one’s body. Physical restraint
  631  includes the physical holding of a person during a procedure to
  632  forcibly administer psychotropic medication. Physical restraint
  633  does not include physical devices such as orthopedically
  634  prescribed appliances, surgical dressings and bandages,
  635  supportive body bands, or other physical holding when necessary
  636  for routine physical examinations and tests or for purposes of
  637  orthopedic, surgical, or other similar medical treatment, when
  638  used to provide support for the achievement of functional body
  639  position or proper balance, or when used to protect a person
  640  from falling out of bed.
  641         (b) A drug or used as a restraint is a medication used to
  642  control a the person’s behavior or to restrict his or her
  643  freedom of movement which and is not part of the standard
  644  treatment regimen of a person with a diagnosed mental illness
  645  who is a client of the department. Physically holding a person
  646  during a procedure to forcibly administer psychotropic
  647  medication is a physical restraint.
  648         (c) Restraint does not include physical devices, such as
  649  orthopedically prescribed appliances, surgical dressings and
  650  bandages, supportive body bands, or other physical holding when
  651  necessary for routine physical examinations and tests; or for
  652  purposes of orthopedic, surgical, or other similar medical
  653  treatment; when used to provide support for the achievement of
  654  functional body position or proper balance; or when used to
  655  protect a person from falling out of bed.
  656         (44) “School psychologist” has the same meaning as in s.
  657  490.003.
  658         (45)(29) “Seclusion” means the physical segregation of a
  659  person in any fashion or involuntary isolation of a person in a
  660  room or area from which the person is prevented from leaving.
  661  The prevention may be by physical barrier or by a staff member
  662  who is acting in a manner, or who is physically situated, so as
  663  to prevent the person from leaving the room or area. For
  664  purposes of this part chapter, the term does not mean isolation
  665  due to a person’s medical condition or symptoms.
  666         (46)(30) “Secretary” means the Secretary of Children and
  667  Families.
  668         (47) “Service provider” means a receiving facility, any
  669  facility licensed under chapter 397, a treatment facility, an
  670  entity under contract with the department to provide mental
  671  health or substance abuse services, a community mental health
  672  center or clinic, a psychologist, a clinical social worker, a
  673  marriage and family therapist, a mental health counselor, a
  674  physician, a psychiatrist, an advanced registered nurse
  675  practitioner, a psychiatric nurse, or a qualified professional
  676  as defined in this section.
  677         (48) “Substance abuse impairment” means a condition
  678  involving the use of alcoholic beverages or any psychoactive or
  679  mood-altering substance in such a manner that a person has lost
  680  the power of self-control and has inflicted or is likely to
  681  inflict physical harm on himself or herself or others.
  682         (49)(31) “Transfer evaluation” means the process by which,
  683  as approved by the appropriate district office of the
  684  department, whereby a person who is being considered for
  685  placement in a state treatment facility is first evaluated for
  686  appropriateness of admission to a state treatment the facility
  687  by a community-based public receiving facility or by a community
  688  mental health center or clinic if the public receiving facility
  689  is not a community mental health center or clinic.
  690         (50)(32) “Treatment facility” means a any state-owned,
  691  state-operated, or state-supported hospital, center, or clinic
  692  designated by the department for extended treatment and
  693  hospitalization, beyond that provided for by a receiving
  694  facility, of persons who have a mental illness, including
  695  facilities of the United States Government, and any private
  696  facility designated by the department when rendering such
  697  services to a person pursuant to the provisions of this part.
  698  Patients treated in facilities of the United States Government
  699  shall be solely those whose care is the responsibility of the
  700  United States Department of Veterans Affairs.
  701         (51) “Triage center” means a facility that is designated by
  702  the department and has medical, behavioral, and substance abuse
  703  professionals present or on call to provide emergency screening
  704  and evaluation of individuals transported to the center by a law
  705  enforcement officer.
  706         (33) “Service provider” means any public or private
  707  receiving facility, an entity under contract with the Department
  708  of Children and Families to provide mental health services, a
  709  clinical psychologist, a clinical social worker, a marriage and
  710  family therapist, a mental health counselor, a physician, a
  711  psychiatric nurse as defined in subsection (23), or a community
  712  mental health center or clinic as defined in this part.
  713         (34) “Involuntary examination” means an examination
  714  performed under s. 394.463 to determine if an individual
  715  qualifies for involuntary inpatient treatment under s.
  716  394.467(1) or involuntary outpatient treatment under s.
  717  394.4655(1).
  718         (35) “Involuntary placement” means either involuntary
  719  outpatient treatment pursuant to s. 394.4655 or involuntary
  720  inpatient treatment pursuant to s. 394.467.
  721         (36) “Marriage and family therapist” means a person
  722  licensed as a marriage and family therapist under chapter 491.
  723         (37) “Mental health counselor” means a person licensed as a
  724  mental health counselor under chapter 491.
  725         (38) “Electronic means” means a form of telecommunication
  726  that requires all parties to maintain visual as well as audio
  727  communication.
  728         Section 7. Section 394.4573, Florida Statutes, is amended
  729  to read:
  730         394.4573 Coordinated system of care; annual assessment;
  731  essential elements Continuity of care management system;
  732  measures of performance; system improvement grants; reports.—On
  733  or before October 1 of each year, the department shall submit to
  734  the Governor, the President of the Senate, and the Speaker of
  735  the House of Representatives an assessment of the behavioral
  736  health services in this state in the context of the No-Wrong
  737  Door model and standards set forth in this section. The
  738  department’s assessment shall be based on both quantitative and
  739  qualitative data and must identify any significant regional
  740  variations. The assessment must include information gathered
  741  from managing entities; service providers; facilities performing
  742  acute behavioral health care triage functions for the community;
  743  crisis stabilization units; detoxification units; addictions
  744  receiving facilities and hospitals, both public and private; law
  745  enforcement; judicial officials; local governments; behavioral
  746  health consumers and their family members; and the public.
  747         (1) As used in For the purposes of this section:
  748         (a) “Case management” means those direct services provided
  749  to a client in order to assess his or her activities aimed at
  750  assessing client needs, plan or arrange planning services,
  751  coordinate service providers, link linking the service system to
  752  a client, monitor coordinating the various system components,
  753  monitoring service delivery, and evaluate patient outcomes
  754  evaluating the effect of service delivery.
  755         (b) “Case manager” means an individual who works with
  756  clients, and their families and significant others, to provide
  757  case management.
  758         (c) “Client manager” means an employee of the managing
  759  entity or entity under contract with the managing entity
  760  department who is assigned to specific provider agencies and
  761  geographic areas to ensure that the full range of needed
  762  services is available to clients.
  763         (d) “Coordinated system Continuity of care management
  764  system” means a system that assures, within available resources,
  765  that clients have access to the full array of behavioral and
  766  related services in a region or community offered by all service
  767  providers, whether participating under contract with the
  768  managing entity or another method of community partnership or
  769  mutual agreement within the mental health services delivery
  770  system.
  771         (e) “No-Wrong-Door model” means a model for the delivery of
  772  acute care services to persons who have mental health or
  773  substance abuse disorders, or both, which optimizes access to
  774  care, regardless of the entry point to the behavioral health
  775  care system.
  776         (2) The essential elements of a coordinated system of care
  777  include:
  778         (a) Community interventions, such as prevention, primary
  779  care for behavioral health needs, therapeutic and supportive
  780  services, crisis response services, and diversion programs.
  781         (b) A designated receiving system shall consist of one or
  782  more facilities serving a defined geographic area and
  783  responsible for assessment and evaluation, both voluntary and
  784  involuntary, and treatment or triage for patients who present
  785  with mental illness, substance abuse disorder, or co-occurring
  786  disorders. A county or several counties shall plan the
  787  designated receiving system through an inclusive process, that
  788  includes the managing entity and is open to participation from
  789  individuals with behavioral health needs, their families,
  790  providers, law enforcement, and other parties. The county or
  791  counties, in collaboration with the managing entity, shall
  792  document the designated receiving system through memorandum of
  793  agreement or other binding arrangements. The county or counties
  794  and the managing entity shall approve the designated receiving
  795  system by October 31, 2017, and the county or counties shall
  796  review, update as necessary, and reapprove the designated
  797  receiving system at least once every three years. The designated
  798  receiving system shall function as a no-wrong-door model and may
  799  be organized in any manner which functions as a no-wrong-door
  800  model that responds to individual needs and integrates services
  801  among various providers. Such models include but are not limited
  802  to:
  803         1. A central receiving system, which consists of a
  804  designated central receiving facility that serves as a single
  805  entry point for persons with mental health or substance abuse
  806  disorders, or both. The central receiving facility must be
  807  capable of assessment, evaluation, and triage or treatment for
  808  various conditions and circumstances.
  809         2. A coordinated receiving system, which consists of
  810  multiple entry points that are linked by shared data systems,
  811  formal referral agreements, and cooperative arrangements for
  812  care coordination and case management. Each entry point must be
  813  a designated receiving facility and must provide or arrange for
  814  necessary services following an initial assessment and
  815  evaluation.
  816         3. A tiered receiving system, which consists of multiple
  817  entry points, some of which offer only specialized or limited
  818  services. Each service provider must be classified according to
  819  its capabilities as either a designated receiving facility, or
  820  another type of service provider such as a residential
  821  detoxification center, triage center, or an access center. All
  822  participating service providers must be linked by methods to
  823  share data that are compliant with both state and federal
  824  patient privacy and confidentiality laws, formal referral
  825  agreements, and cooperative arrangements for care coordination
  826  and case management. An accurate inventory of the participating
  827  service providers which specifies the capabilities and
  828  limitations of each provider must be maintained and made
  829  available at all times to all first responders in the service
  830  area.
  831         (c) Transportation in accordance with a plan developed
  832  under s. 394.462.
  833         (d) Crisis services, including mobile response teams,
  834  crisis stabilization units, addiction receiving facilities, and
  835  detoxification facilities.
  836         (e) Case management, including intensive case management
  837  for individuals determined to be high-need or high-utilization
  838  individuals under s. 394.9082(2)(e).
  839         (f) Outpatient services.
  840         (g) Residential services.
  841         (h) Hospital inpatient care.
  842         (i) Aftercare and other post-discharge services.
  843         (j) Medication-assisted treatment and medication
  844  management.
  845         (k) Recovery support, including housing assistance and
  846  support for competitive employment, educational attainment,
  847  independent living skills development, family support and
  848  education, and wellness management and self-care.
  849         (3) The department’s annual assessment must compare the
  850  status and performance of the extant behavioral health system
  851  with the following standards and any other standards or measures
  852  that the department determines to be applicable.
  853         (a) The capacity of the contracted service providers to
  854  meet estimated need when such estimates are based on credible
  855  evidence and sound methodologies.
  856         (b) The extent to which the behavioral health system uses
  857  evidence-informed practices and broadly disseminates the results
  858  of quality improvement activities to all service providers.
  859         (c) The degree to which services are offered in the least
  860  restrictive and most appropriate therapeutic environment.
  861         (d) The scope of system-wide accountability activities used
  862  to monitor patient outcomes and measure continuous improvement
  863  in the behavioral health system.
  864         (4) Subject to a specific appropriation by the Legislature,
  865  the department may award system improvement grants to managing
  866  entities based on the submission of a detailed plan to enhance
  867  services, coordination, or performance measurement in accordance
  868  with the model and standards specified in this section. Such a
  869  grant must be awarded through a performance-based contract that
  870  links payments to the documented and measurable achievement of
  871  system improvements The department is directed to implement a
  872  continuity of care management system for the provision of mental
  873  health care, through the provision of client and case
  874  management, including clients referred from state treatment
  875  facilities to community mental health facilities. Such system
  876  shall include a network of client managers and case managers
  877  throughout the state designed to:
  878         (a) Reduce the possibility of a client’s admission or
  879  readmission to a state treatment facility.
  880         (b) Provide for the creation or designation of an agency in
  881  each county to provide single intake services for each person
  882  seeking mental health services. Such agency shall provide
  883  information and referral services necessary to ensure that
  884  clients receive the most appropriate and least restrictive form
  885  of care, based on the individual needs of the person seeking
  886  treatment. Such agency shall have a single telephone number,
  887  operating 24 hours per day, 7 days per week, where practicable,
  888  at a central location, where each client will have a central
  889  record.
  890         (c) Advocate on behalf of the client to ensure that all
  891  appropriate services are afforded to the client in a timely and
  892  dignified manner.
  893         (d) Require that any public receiving facility initiating a
  894  patient transfer to a licensed hospital for acute care mental
  895  health services not accessible through the public receiving
  896  facility shall notify the hospital of such transfer and send all
  897  records relating to the emergency psychiatric or medical
  898  condition.
  899         (3) The department is directed to develop and include in
  900  contracts with service providers measures of performance with
  901  regard to goals and objectives as specified in the state plan.
  902  Such measures shall use, to the extent practical, existing data
  903  collection methods and reports and shall not require, as a
  904  result of this subsection, additional reports on the part of
  905  service providers. The department shall plan monitoring visits
  906  of community mental health facilities with other state, federal,
  907  and local governmental and private agencies charged with
  908  monitoring such facilities.
  909         Section 8. Paragraphs (d) and (e) of subsection (2) of
  910  section 394.4597, Florida Statutes, are amended to read:
  911         394.4597 Persons to be notified; patient’s representative.—
  912         (2) INVOLUNTARY PATIENTS.—
  913         (d) When the receiving or treatment facility selects a
  914  representative, first preference shall be given to a health care
  915  surrogate, if one has been previously selected by the patient.
  916  If the patient has not previously selected a health care
  917  surrogate, the selection, except for good cause documented in
  918  the patient’s clinical record, shall be made from the following
  919  list in the order of listing:
  920         1. The patient’s spouse.
  921         2. An adult child of the patient.
  922         3. A parent of the patient.
  923         4. The adult next of kin of the patient.
  924         5. An adult friend of the patient.
  925         6. The appropriate Florida local advocacy council as
  926  provided in s. 402.166.
  927         (e) The following persons are prohibited from selection as
  928  a patient’s representative:
  929         1. A professional providing clinical services to the
  930  patient under this part.
  931         2. The licensed professional who initiated the involuntary
  932  examination of the patient, if the examination was initiated by
  933  professional certificate.
  934         3. An employee, an administrator, or a board member of the
  935  facility providing the examination of the patient.
  936         4. An employee, an administrator, or a board member of a
  937  treatment facility providing treatment for the patient.
  938         5. A person providing any substantial professional services
  939  to the patient, including clinical services.
  940         6. A creditor of the patient.
  941         7. A person subject to an injunction for protection against
  942  domestic violence under s. 741.30, whether the order of
  943  injunction is temporary or final, and for which the patient was
  944  the petitioner.
  945         8. A person subject to an injunction for protection against
  946  repeat violence, stalking, sexual violence, or dating violence
  947  under s. 784.046, whether the order of injunction is temporary
  948  or final, and for which the patient was the petitioner A
  949  licensed professional providing services to the patient under
  950  this part, an employee of a facility providing direct services
  951  to the patient under this part, a department employee, a person
  952  providing other substantial services to the patient in a
  953  professional or business capacity, or a creditor of the patient
  954  shall not be appointed as the patient’s representative.
  955         Section 9. Present subsections (2) through (7) of section
  956  394.4598, Florida Statutes, are redesignated as subsections (3)
  957  through (8), respectively, a new subsection (2) is added to that
  958  section, and present subsections (3) and (4) of that section are
  959  amended, to read:
  960         394.4598 Guardian advocate.—
  961         (2) The following persons are prohibited from appointment
  962  as a patient’s guardian advocate:
  963         (a) A professional providing clinical services to the
  964  patient under this part.
  965         (b) The licensed professional who initiated the involuntary
  966  examination of the patient, if the examination was initiated by
  967  professional certificate.
  968         (c) An employee, an administrator, or a board member of the
  969  facility providing the examination of the patient.
  970         (d) An employee, an administrator, or a board member of a
  971  treatment facility providing treatment of the patient.
  972         (e) A person providing any substantial professional
  973  services, excluding public and professional guardians, to the
  974  patient, including clinical services.
  975         (f) A creditor of the patient.
  976         (g) A person subject to an injunction for protection
  977  against domestic violence under s. 741.30, whether the order of
  978  injunction is temporary or final, and for which the patient was
  979  the petitioner.
  980         (h) A person subject to an injunction for protection
  981  against repeat violence, stalking, sexual violence, or dating
  982  violence under s. 784.046, whether the order of injunction is
  983  temporary or final, and for which the patient was the
  984  petitioner.
  985         (4)(3)In lieu of the training required of guardians
  986  appointed pursuant to chapter 744, Prior to a guardian advocate
  987  must, at a minimum, participate in a 4-hour training course
  988  approved by the court before exercising his or her authority,
  989  the guardian advocate shall attend a training course approved by
  990  the court. At a minimum, this training course, of not less than
  991  4 hours, must include, at minimum, information about the patient
  992  rights, psychotropic medications, the diagnosis of mental
  993  illness, the ethics of medical decisionmaking, and duties of
  994  guardian advocates. This training course shall take the place of
  995  the training required for guardians appointed pursuant to
  996  chapter 744.
  997         (5)(4) The required training course and the information to
  998  be supplied to prospective guardian advocates before prior to
  999  their appointment and the training course for guardian advocates
 1000  must be developed and completed through a course developed by
 1001  the department, and approved by the chief judge of the circuit
 1002  court, and taught by a court-approved organization, which.
 1003  Court-approved organizations may include, but is are not limited
 1004  to, a community college community or junior colleges, a
 1005  guardianship organization guardianship organizations, a and the
 1006  local bar association, or The Florida Bar. The training course
 1007  may be web-based, provided in video format, or other electronic
 1008  means but must be capable of ensuring the identity and
 1009  participation of the prospective guardian advocate. The court
 1010  may, in its discretion, waive some or all of the training
 1011  requirements for guardian advocates or impose additional
 1012  requirements. The court shall make its decision on a case-by
 1013  case basis and, in making its decision, shall consider the
 1014  experience and education of the guardian advocate, the duties
 1015  assigned to the guardian advocate, and the needs of the patient.
 1016         Section 10. Section 394.462, Florida Statutes, is amended
 1017  to read:
 1018         394.462 Transportation.—A transportation plan must be
 1019  developed and implemented by each county, in consultation with
 1020  the managing entity and in accordance with this section. A
 1021  county may enter into a memorandum of understanding with the
 1022  governing boards of nearby counties to establish a shared
 1023  transportation plan. When multiple counties enter into a
 1024  memorandum of understanding for this purpose, the counties shall
 1025  provide a copy of the agreement to the managing entity. The
 1026  transportation plan shall describe methods of transport to a
 1027  facility within the designated receiving system for individuals
 1028  subject to involuntary examination under s. 394.463 or
 1029  involuntary assessment and stabilization under s. 397.675, and
 1030  may identify responsibility for transportation between
 1031  participating facilities when necessary and agreed to by the
 1032  facility. The plan may rely on emergency medical transport
 1033  services or private transport companies as appropriate. The plan
 1034  shall comply with the transportation provisions of ss. 394.462,
 1035  397.6772, 397.6795, 397.6822, and 397.697.
 1036         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
 1037         (a) Each county shall designate a single law enforcement
 1038  agency within the county, or portions thereof, to take a person
 1039  into custody upon the entry of an ex parte order or the
 1040  execution of a certificate for involuntary examination by an
 1041  authorized professional and to transport that person to an
 1042  appropriate facility within the designated receiving system the
 1043  nearest receiving facility for examination.
 1044         (b)1. The designated law enforcement agency may decline to
 1045  transport the person to a receiving facility only if:
 1046         a.1. The jurisdiction designated by the county has
 1047  contracted on an annual basis with an emergency medical
 1048  transport service or private transport company for
 1049  transportation of persons to receiving facilities pursuant to
 1050  this section at the sole cost of the county; and
 1051         b.2. The law enforcement agency and the emergency medical
 1052  transport service or private transport company agree that the
 1053  continued presence of law enforcement personnel is not necessary
 1054  for the safety of the person or others.
 1055         2.3. The entity providing transportation jurisdiction
 1056  designated by the county may seek reimbursement for
 1057  transportation expenses. The party responsible for payment for
 1058  such transportation is the person receiving the transportation.
 1059  The county shall seek reimbursement from the following sources
 1060  in the following order:
 1061         a. From a private or public third-party payor an insurance
 1062  company, health care corporation, or other source, if the person
 1063  receiving the transportation has applicable coverage is covered
 1064  by an insurance policy or subscribes to a health care
 1065  corporation or other source for payment of such expenses.
 1066         b. From the person receiving the transportation.
 1067         c. From a financial settlement for medical care, treatment,
 1068  hospitalization, or transportation payable or accruing to the
 1069  injured party.
 1070         (c)(b)A Any company that transports a patient pursuant to
 1071  this subsection is considered an independent contractor and is
 1072  solely liable for the safe and dignified transport
 1073  transportation of the patient. Such company must be insured and
 1074  provide no less than $100,000 in liability insurance with
 1075  respect to the transport transportation of patients.
 1076         (d)(c) Any company that contracts with a governing board of
 1077  a county to transport patients shall comply with the applicable
 1078  rules of the department to ensure the safety and dignity of the
 1079  patients.
 1080         (e)(d) When a law enforcement officer takes custody of a
 1081  person pursuant to this part, the officer may request assistance
 1082  from emergency medical personnel if such assistance is needed
 1083  for the safety of the officer or the person in custody.
 1084         (f)(e) When a member of a mental health overlay program or
 1085  a mobile crisis response service is a professional authorized to
 1086  initiate an involuntary examination pursuant to s. 394.463 or s.
 1087  397.675 and that professional evaluates a person and determines
 1088  that transportation to a receiving facility is needed, the
 1089  service, at its discretion, may transport the person to the
 1090  facility or may call on the law enforcement agency or other
 1091  transportation arrangement best suited to the needs of the
 1092  patient.
 1093         (g)(f) When any law enforcement officer has custody of a
 1094  person based on either noncriminal or minor criminal behavior
 1095  that meets the statutory guidelines for involuntary examination
 1096  under this part, the law enforcement officer shall transport the
 1097  person to an appropriate the nearest receiving facility within
 1098  the designated receiving system for examination.
 1099         (h)(g) When any law enforcement officer has arrested a
 1100  person for a felony and it appears that the person meets the
 1101  statutory guidelines for involuntary examination or placement
 1102  under this part, such person must shall first be processed in
 1103  the same manner as any other criminal suspect. The law
 1104  enforcement agency shall thereafter immediately notify the
 1105  appropriate nearest public receiving facility within the
 1106  designated receiving system, which shall be responsible for
 1107  promptly arranging for the examination and treatment of the
 1108  person. A receiving facility is not required to admit a person
 1109  charged with a crime for whom the facility determines and
 1110  documents that it is unable to provide adequate security, but
 1111  shall provide mental health examination and treatment to the
 1112  person where he or she is held.
 1113         (i)(h) If the appropriate law enforcement officer believes
 1114  that a person has an emergency medical condition as defined in
 1115  s. 395.002, the person may be first transported to a hospital
 1116  for emergency medical treatment, regardless of whether the
 1117  hospital is a designated receiving facility.
 1118         (j)(i) The costs of transportation, evaluation,
 1119  hospitalization, and treatment incurred under this subsection by
 1120  persons who have been arrested for violations of any state law
 1121  or county or municipal ordinance may be recovered as provided in
 1122  s. 901.35.
 1123         (k)(j) The nearest receiving facility within the designated
 1124  receiving system must accept, pursuant to this part, persons
 1125  brought by law enforcement officers, an emergency medical
 1126  transport service, or a private transport company for
 1127  involuntary examination.
 1128         (l)(k) Each law enforcement agency designated pursuant to
 1129  paragraph (a) shall establish a policy that develop a memorandum
 1130  of understanding with each receiving facility within the law
 1131  enforcement agency’s jurisdiction which reflects a single set of
 1132  protocols approved by the managing entity for the safe and
 1133  secure transportation of the person and transfer of custody of
 1134  the person. These protocols must also address crisis
 1135  intervention measures.
 1136         (m)(l) When a jurisdiction has entered into a contract with
 1137  an emergency medical transport service or a private transport
 1138  company for transportation of persons to receiving facilities
 1139  within the designated receiving system, such service or company
 1140  shall be given preference for transportation of persons from
 1141  nursing homes, assisted living facilities, adult day care
 1142  centers, or adult family-care homes, unless the behavior of the
 1143  person being transported is such that transportation by a law
 1144  enforcement officer is necessary.
 1145         (n)(m)Nothing in This section may not shall be construed
 1146  to limit emergency examination and treatment of incapacitated
 1147  persons provided in accordance with the provisions of s.
 1148  401.445.
 1149         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
 1150         (a) If neither the patient nor any person legally obligated
 1151  or responsible for the patient is able to pay for the expense of
 1152  transporting a voluntary or involuntary patient to a treatment
 1153  facility, the transportation plan established by the governing
 1154  board of the county or counties must specify how in which the
 1155  hospitalized patient will be transported to, from, and between
 1156  facilities in a is hospitalized shall arrange for such required
 1157  transportation and shall ensure the safe and dignified manner
 1158  transportation of the patient. The governing board of each
 1159  county is authorized to contract with private transport
 1160  companies for the transportation of such patients to and from a
 1161  treatment facility.
 1162         (b) A Any company that transports a patient pursuant to
 1163  this subsection is considered an independent contractor and is
 1164  solely liable for the safe and dignified transportation of the
 1165  patient. Such company must be insured and provide no less than
 1166  $100,000 in liability insurance with respect to the transport
 1167  transportation of patients.
 1168         (c) A Any company that contracts with one or more counties
 1169  the governing board of a county to transport patients in
 1170  accordance with this section shall comply with the applicable
 1171  rules of the department to ensure the safety and dignity of the
 1172  patients.
 1173         (d) County or municipal law enforcement and correctional
 1174  personnel and equipment may shall not be used to transport
 1175  patients adjudicated incapacitated or found by the court to meet
 1176  the criteria for involuntary placement pursuant to s. 394.467,
 1177  except in small rural counties where there are no cost-efficient
 1178  alternatives.
 1179         (3) TRANSFER OF CUSTODY.—Custody of a person who is
 1180  transported pursuant to this part, along with related
 1181  documentation, shall be relinquished to a responsible individual
 1182  at the appropriate receiving or treatment facility.
 1183         (4) EXCEPTIONS.—An exception to the requirements of this
 1184  section may be granted by the secretary of the department for
 1185  the purposes of improving service coordination or better meeting
 1186  the special needs of individuals. A proposal for an exception
 1187  must be submitted by the district administrator after being
 1188  approved by the governing boards of any affected counties, prior
 1189  to submission to the secretary.
 1190         (a) A proposal for an exception must identify the specific
 1191  provision from which an exception is requested; describe how the
 1192  proposal will be implemented by participating law enforcement
 1193  agencies and transportation authorities; and provide a plan for
 1194  the coordination of services such as case management.
 1195         (b) The exception may be granted only for:
 1196         1. An arrangement centralizing and improving the provision
 1197  of services within a district, which may include an exception to
 1198  the requirement for transportation to the nearest receiving
 1199  facility;
 1200         2. An arrangement by which a facility may provide, in
 1201  addition to required psychiatric services, an environment and
 1202  services which are uniquely tailored to the needs of an
 1203  identified group of persons with special needs, such as persons
 1204  with hearing impairments or visual impairments, or elderly
 1205  persons with physical frailties; or
 1206         3. A specialized transportation system that provides an
 1207  efficient and humane method of transporting patients to
 1208  receiving facilities, among receiving facilities, and to
 1209  treatment facilities.
 1210         (c) Any exception approved pursuant to this subsection
 1211  shall be reviewed and approved every 5 years by the secretary.
 1212         Section 11. Subsection (2) of section 394.463, Florida
 1213  Statutes, is amended to read:
 1214         394.463 Involuntary examination.—
 1215         (2) INVOLUNTARY EXAMINATION.—
 1216         (a) An involuntary examination may be initiated by any one
 1217  of the following means:
 1218         1. A circuit or county court may enter an ex parte order
 1219  stating that a person appears to meet the criteria for
 1220  involuntary examination and specifying, giving the findings on
 1221  which that conclusion is based. The ex parte order for
 1222  involuntary examination must be based on written or oral sworn
 1223  testimony that includes specific facts that support the
 1224  findings, written or oral. If other, less restrictive, means are
 1225  not available, such as voluntary appearance for outpatient
 1226  evaluation, a law enforcement officer, or other designated agent
 1227  of the court, shall take the person into custody and deliver him
 1228  or her to an appropriate the nearest receiving facility within
 1229  the designated receiving system for involuntary examination. The
 1230  order of the court shall be made a part of the patient’s
 1231  clinical record. A No fee may not shall be charged for the
 1232  filing of an order under this subsection. Any receiving facility
 1233  accepting the patient based on this order must send a copy of
 1234  the order to the managing entity in the region Agency for Health
 1235  Care Administration on the next working day. The order may be
 1236  submitted electronically through existing data systems, if
 1237  available. The order shall be valid only until the person is
 1238  delivered to the appropriate facility executed or, if not
 1239  executed, for the period specified in the order itself,
 1240  whichever comes first. If no time limit is specified in the
 1241  order, the order shall be valid for 7 days after the date that
 1242  the order was signed.
 1243         2. A law enforcement officer shall take a person who
 1244  appears to meet the criteria for involuntary examination into
 1245  custody and deliver the person or have him or her delivered to
 1246  the appropriate nearest receiving facility within the designated
 1247  receiving system for examination. The officer shall execute a
 1248  written report detailing the circumstances under which the
 1249  person was taken into custody, which must and the report shall
 1250  be made a part of the patient’s clinical record. Any receiving
 1251  facility accepting the patient based on this report must send a
 1252  copy of the report to the department and the managing entity
 1253  Agency for Health Care Administration on the next working day.
 1254         3. A physician, clinical psychologist, psychiatric nurse,
 1255  mental health counselor, marriage and family therapist, or
 1256  clinical social worker may execute a certificate stating that he
 1257  or she has examined a person within the preceding 48 hours and
 1258  finds that the person appears to meet the criteria for
 1259  involuntary examination and stating the observations upon which
 1260  that conclusion is based. If other, less restrictive means, such
 1261  as voluntary appearance for outpatient evaluation, are not
 1262  available, such as voluntary appearance for outpatient
 1263  evaluation, a law enforcement officer shall take into custody
 1264  the person named in the certificate into custody and deliver him
 1265  or her to the appropriate nearest receiving facility within the
 1266  designated receiving system for involuntary examination. The law
 1267  enforcement officer shall execute a written report detailing the
 1268  circumstances under which the person was taken into custody. The
 1269  report and certificate shall be made a part of the patient’s
 1270  clinical record. Any receiving facility accepting the patient
 1271  based on this certificate must send a copy of the certificate to
 1272  the managing entity Agency for Health Care Administration on the
 1273  next working day. The document may be submitted electronically
 1274  through existing data systems, if applicable.
 1275         (b) A person may shall not be removed from any program or
 1276  residential placement licensed under chapter 400 or chapter 429
 1277  and transported to a receiving facility for involuntary
 1278  examination unless an ex parte order, a professional
 1279  certificate, or a law enforcement officer’s report is first
 1280  prepared. If the condition of the person is such that
 1281  preparation of a law enforcement officer’s report is not
 1282  practicable before removal, the report shall be completed as
 1283  soon as possible after removal, but in any case before the
 1284  person is transported to a receiving facility. A receiving
 1285  facility admitting a person for involuntary examination who is
 1286  not accompanied by the required ex parte order, professional
 1287  certificate, or law enforcement officer’s report shall notify
 1288  the managing entity Agency for Health Care Administration of
 1289  such admission by certified mail or by e-mail, if available, by
 1290  no later than the next working day. The provisions of this
 1291  paragraph do not apply when transportation is provided by the
 1292  patient’s family or guardian.
 1293         (c) A law enforcement officer acting in accordance with an
 1294  ex parte order issued pursuant to this subsection may serve and
 1295  execute such order on any day of the week, at any time of the
 1296  day or night.
 1297         (d) A law enforcement officer acting in accordance with an
 1298  ex parte order issued pursuant to this subsection may use such
 1299  reasonable physical force as is necessary to gain entry to the
 1300  premises, and any dwellings, buildings, or other structures
 1301  located on the premises, and to take custody of the person who
 1302  is the subject of the ex parte order.
 1303         (e) The managing entity and the department Agency for
 1304  Health Care Administration shall receive and maintain the copies
 1305  of ex parte petitions and orders, involuntary outpatient
 1306  services placement orders issued pursuant to s. 394.4655,
 1307  involuntary inpatient placement orders issued pursuant to s.
 1308  394.467, professional certificates, and law enforcement
 1309  officers’ reports. These documents shall be considered part of
 1310  the clinical record, governed by the provisions of s. 394.4615.
 1311  These documents shall be used to The agency shall prepare annual
 1312  reports analyzing the data obtained from these documents,
 1313  without information identifying patients, and shall provide
 1314  copies of reports to the department, the President of the
 1315  Senate, the Speaker of the House of Representatives, and the
 1316  minority leaders of the Senate and the House of Representatives.
 1317         (f) A patient shall be examined by a physician or, a
 1318  clinical psychologist, or by a psychiatric nurse performing
 1319  within the framework of an established protocol with a
 1320  psychiatrist at a receiving facility without unnecessary delay
 1321  to determine if the criteria for involuntary services are met.
 1322  Emergency treatment may be provided and may, upon the order of a
 1323  physician, if the physician determines be given emergency
 1324  treatment if it is determined that such treatment is necessary
 1325  for the safety of the patient or others. The patient may not be
 1326  released by the receiving facility or its contractor without the
 1327  documented approval of a psychiatrist or a clinical psychologist
 1328  or, if the receiving facility is owned or operated by a hospital
 1329  or health system, the release may also be approved by a
 1330  psychiatric nurse performing within the framework of an
 1331  established protocol with a psychiatrist, or an attending
 1332  emergency department physician with experience in the diagnosis
 1333  and treatment of mental illness and nervous disorders and after
 1334  completion of an involuntary examination pursuant to this
 1335  subsection. A psychiatric nurse may not approve the release of a
 1336  patient if the involuntary examination was initiated by a
 1337  psychiatrist unless the release is approved by the initiating
 1338  psychiatrist. However, a patient may not be held in a receiving
 1339  facility for involuntary examination longer than 72 hours.
 1340         (g) A person may not be held for involuntary examination
 1341  for more than 72 hours from the time of his or her arrival at
 1342  the facility unless one of the following actions is taken at the
 1343  end of the 72-hour examination period or the next business day
 1344  after the end of the 72-hour examination period if the
 1345  examination period ends on a weekend or holiday:
 1346         1. The person must be released with the approval of a
 1347  physician, psychiatrist, psychiatric nurse, or clinical
 1348  psychologist. However, if the examination is conducted in a
 1349  hospital, an attending emergency department physician with
 1350  experience in the diagnosis and treatment of mental illness may
 1351  approve the release.
 1352         2. The person must be asked to give express and informed
 1353  consent for voluntary admission if a physician, psychiatrist,
 1354  psychiatric nurse, or clinical psychologist has determined that
 1355  the individual is competent to consent to treatment.
 1356         3. A petition for involuntary services must be completed
 1357  and filed in the circuit court by the facility administrator. If
 1358  electronic filing of the petition is not available in the county
 1359  and the 72-hour period ends on a weekend or legal holiday, the
 1360  petition must be filed by the next working day. If involuntary
 1361  services are deemed necessary, the least restrictive treatment
 1362  consistent with the optimum improvement of the person’s
 1363  condition must be made available.
 1364         (h) An individual discharged from a facility who is
 1365  currently charged with a crime shall be released to the custody
 1366  of a law enforcement officer, unless the individual has been
 1367  released from law enforcement custody by posting of a bond, by a
 1368  pretrial conditional release, or by other judicial release.
 1369         (i)(g) A person for whom an involuntary examination has
 1370  been initiated who is being evaluated or treated at a hospital
 1371  for an emergency medical condition specified in s. 395.002 must
 1372  be examined by an appropriate a receiving facility within 72
 1373  hours. The 72-hour period begins when the patient arrives at the
 1374  hospital and ceases when the attending physician documents that
 1375  the patient has an emergency medical condition. If the patient
 1376  is examined at a hospital providing emergency medical services
 1377  by a professional qualified to perform an involuntary
 1378  examination and is found as a result of that examination not to
 1379  meet the criteria for involuntary outpatient services placement
 1380  pursuant to s. 394.4655(1) or involuntary inpatient placement
 1381  pursuant to s. 394.467(1), the patient may be offered voluntary
 1382  services or placement, if appropriate, or released directly from
 1383  the hospital providing emergency medical services. The finding
 1384  by the professional that the patient has been examined and does
 1385  not meet the criteria for involuntary inpatient placement or
 1386  involuntary outpatient services placement must be entered into
 1387  the patient’s clinical record. Nothing in This paragraph is not
 1388  intended to prevent a hospital providing emergency medical
 1389  services from appropriately transferring a patient to another
 1390  hospital before prior to stabilization if, provided the
 1391  requirements of s. 395.1041(3)(c) have been met.
 1392         (j)(h) One of the following must occur within 12 hours
 1393  after the patient’s attending physician documents that the
 1394  patient’s medical condition has stabilized or that an emergency
 1395  medical condition does not exist:
 1396         1. The patient must be examined by an appropriate a
 1397  designated receiving facility and released; or
 1398         2. The patient must be transferred to a designated
 1399  receiving facility in which appropriate medical treatment is
 1400  available. However, the receiving facility must be notified of
 1401  the transfer within 2 hours after the patient’s condition has
 1402  been stabilized or after determination that an emergency medical
 1403  condition does not exist.
 1404         (i) Within the 72-hour examination period or, if the 72
 1405  hours ends on a weekend or holiday, no later than the next
 1406  working day thereafter, one of the following actions must be
 1407  taken, based on the individual needs of the patient:
 1408         1. The patient shall be released, unless he or she is
 1409  charged with a crime, in which case the patient shall be
 1410  returned to the custody of a law enforcement officer;
 1411         2. The patient shall be released, subject to the provisions
 1412  of subparagraph 1., for voluntary outpatient treatment;
 1413         3. The patient, unless he or she is charged with a crime,
 1414  shall be asked to give express and informed consent to placement
 1415  as a voluntary patient, and, if such consent is given, the
 1416  patient shall be admitted as a voluntary patient; or
 1417         4. A petition for involuntary placement shall be filed in
 1418  the circuit court when outpatient or inpatient treatment is
 1419  deemed necessary. When inpatient treatment is deemed necessary,
 1420  the least restrictive treatment consistent with the optimum
 1421  improvement of the patient’s condition shall be made available.
 1422  When a petition is to be filed for involuntary outpatient
 1423  placement, it shall be filed by one of the petitioners specified
 1424  in s. 394.4655(3)(a). A petition for involuntary inpatient
 1425  placement shall be filed by the facility administrator.
 1426         Section 12. Section 394.4655, Florida Statutes, is amended
 1427  to read:
 1428         394.4655 Involuntary outpatient services placement.—
 1429         (1) CRITERIA FOR INVOLUNTARY OUTPATIENT SERVICES
 1430  PLACEMENT.—A person may be ordered to involuntary outpatient
 1431  services placement upon a finding of the court, by clear and
 1432  convincing evidence, that the person meets all of the following
 1433  criteria by clear and convincing evidence:
 1434         (a) The person is 18 years of age or older.;
 1435         (b) The person has a mental illness.;
 1436         (c) The person is unlikely to survive safely in the
 1437  community without supervision, based on a clinical
 1438  determination.;
 1439         (d) The person has a history of lack of compliance with
 1440  treatment for mental illness.;
 1441         (e) The person has:
 1442         1. At least twice within the immediately preceding 36
 1443  months been involuntarily admitted to a receiving or treatment
 1444  facility as defined in s. 394.455, or has received mental health
 1445  services in a forensic or correctional facility. The 36-month
 1446  period does not include any period during which the person was
 1447  admitted or incarcerated; or
 1448         2. Engaged in one or more acts of serious violent behavior
 1449  toward self or others, or attempts at serious bodily harm to
 1450  himself or herself or others, within the preceding 36 months.;
 1451         (f) The person is, as a result of his or her mental
 1452  illness, unlikely to voluntarily participate in the recommended
 1453  treatment plan and either he or she has refused voluntary
 1454  services placement for treatment after sufficient and
 1455  conscientious explanation and disclosure of why the services are
 1456  necessary purpose of placement for treatment or he or she is
 1457  unable to determine for himself or herself whether services are
 1458  placement is necessary.;
 1459         (g) In view of the person’s treatment history and current
 1460  behavior, the person is in need of involuntary outpatient
 1461  services placement in order to prevent a relapse or
 1462  deterioration that would be likely to result in serious bodily
 1463  harm to himself or herself or others, or a substantial harm to
 1464  his or her well-being as set forth in s. 394.463(1).;
 1465         (h) It is likely that the person will benefit from
 1466  involuntary outpatient services. placement; and
 1467         (i) All available, less restrictive alternatives that would
 1468  offer an opportunity for improvement of his or her condition
 1469  have been judged to be inappropriate or unavailable.
 1470         (2) INVOLUNTARY OUTPATIENT SERVICES PLACEMENT.—
 1471         (a)1. A patient who is being recommended for involuntary
 1472  outpatient services placement by the administrator of the
 1473  receiving facility where the patient has been examined may be
 1474  retained by the facility after adherence to the notice
 1475  procedures provided in s. 394.4599. The recommendation must be
 1476  supported by the opinion of two qualified professionals a
 1477  psychiatrist and the second opinion of a clinical psychologist
 1478  or another psychiatrist, both of whom have personally examined
 1479  the patient within the preceding 72 hours, that the criteria for
 1480  involuntary outpatient services placement are met. However, in a
 1481  county having a population of fewer than 50,000, if the
 1482  administrator certifies that a psychiatrist or clinical
 1483  psychologist is not available to provide the second opinion, the
 1484  second opinion may be provided by a licensed physician who has
 1485  postgraduate training and experience in diagnosis and treatment
 1486  of mental and nervous disorders or by a psychiatric nurse. Any
 1487  second opinion authorized in this subparagraph may be conducted
 1488  through a face-to-face examination, in person or by electronic
 1489  means. Such recommendation must be entered on an involuntary
 1490  outpatient services placement certificate that authorizes the
 1491  receiving facility to retain the patient pending completion of a
 1492  hearing. The certificate must shall be made a part of the
 1493  patient’s clinical record.
 1494         2. If the patient has been stabilized and no longer meets
 1495  the criteria for involuntary examination pursuant to s.
 1496  394.463(1), the patient must be released from the receiving
 1497  facility while awaiting the hearing for involuntary outpatient
 1498  services placement. Before filing a petition for involuntary
 1499  outpatient services treatment, the administrator of the a
 1500  receiving facility or a designated department representative
 1501  must identify the service provider that will have primary
 1502  responsibility for service provision under an order for
 1503  involuntary outpatient services placement, unless the person is
 1504  otherwise participating in outpatient psychiatric treatment and
 1505  is not in need of public financing for that treatment, in which
 1506  case the individual, if eligible, may be ordered to involuntary
 1507  treatment pursuant to the existing psychiatric treatment
 1508  relationship.
 1509         3. The service provider shall prepare a written proposed
 1510  treatment plan in consultation with the patient or the patient’s
 1511  guardian advocate, if appointed, for the court’s consideration
 1512  for inclusion in the involuntary outpatient services placement
 1513  order. The service provider shall also provide a copy of the
 1514  treatment plan that addresses the nature and extent of the
 1515  mental illness and any co-occurring substance abuse disorders
 1516  that necessitate involuntary outpatient services. The treatment
 1517  plan must specify the likely level of care, including the use of
 1518  medication, and anticipated discharge criteria for terminating
 1519  involuntary outpatient services. The service provider shall also
 1520  provide a copy of the proposed treatment plan to the patient and
 1521  the administrator of the receiving facility. The treatment plan
 1522  must specify the nature and extent of the patient’s mental
 1523  illness, address the reduction of symptoms that necessitate
 1524  involuntary outpatient placement, and include measurable goals
 1525  and objectives for the services and treatment that are provided
 1526  to treat the person’s mental illness and assist the person in
 1527  living and functioning in the community or to prevent a relapse
 1528  or deterioration. Service providers may select and supervise
 1529  other individuals to implement specific aspects of the treatment
 1530  plan. The services in the treatment plan must be deemed
 1531  clinically appropriate by a physician, clinical psychologist,
 1532  psychiatric nurse, mental health counselor, marriage and family
 1533  therapist, or clinical social worker who consults with, or is
 1534  employed or contracted by, the service provider. The service
 1535  provider must certify to the court in the proposed treatment
 1536  plan whether sufficient services for improvement and
 1537  stabilization are currently available and whether the service
 1538  provider agrees to provide those services. If the service
 1539  provider certifies that the services in the proposed treatment
 1540  plan are not available, the petitioner may not file the
 1541  petition. The service provider must notify the managing entity
 1542  as to the availability of the requested services. The managing
 1543  entity must document such efforts to obtain the requested
 1544  services.
 1545         (b) If a patient in involuntary inpatient placement meets
 1546  the criteria for involuntary outpatient services placement, the
 1547  administrator of the treatment facility may, before the
 1548  expiration of the period during which the treatment facility is
 1549  authorized to retain the patient, recommend involuntary
 1550  outpatient services placement. The recommendation must be
 1551  supported by the opinion of two qualified professionals a
 1552  psychiatrist and the second opinion of a clinical psychologist
 1553  or another psychiatrist, both of whom have personally examined
 1554  the patient within the preceding 72 hours, that the criteria for
 1555  involuntary outpatient services placement are met. However, in a
 1556  county having a population of fewer than 50,000, if the
 1557  administrator certifies that a psychiatrist or clinical
 1558  psychologist is not available to provide the second opinion, the
 1559  second opinion may be provided by a licensed physician who has
 1560  postgraduate training and experience in diagnosis and treatment
 1561  of mental and nervous disorders or by a psychiatric nurse. Any
 1562  second opinion authorized in this subparagraph may be conducted
 1563  through a face-to-face examination, in person or by electronic
 1564  means. Such recommendation must be entered on an involuntary
 1565  outpatient services placement certificate, and the certificate
 1566  must be made a part of the patient’s clinical record.
 1567         (c)1. The administrator of the treatment facility shall
 1568  provide a copy of the involuntary outpatient services placement
 1569  certificate and a copy of the state mental health discharge form
 1570  to the managing entity a department representative in the county
 1571  where the patient will be residing. For persons who are leaving
 1572  a state mental health treatment facility, the petition for
 1573  involuntary outpatient services placement must be filed in the
 1574  county where the patient will be residing.
 1575         2. The service provider that will have primary
 1576  responsibility for service provision shall be identified by the
 1577  designated department representative before prior to the order
 1578  for involuntary outpatient services placement and must, before
 1579  prior to filing a petition for involuntary outpatient services
 1580  placement, certify to the court whether the services recommended
 1581  in the patient’s discharge plan are available in the local
 1582  community and whether the service provider agrees to provide
 1583  those services. The service provider must develop with the
 1584  patient, or the patient’s guardian advocate, if appointed, a
 1585  treatment or service plan that addresses the needs identified in
 1586  the discharge plan. The plan must be deemed to be clinically
 1587  appropriate by a physician, clinical psychologist, psychiatric
 1588  nurse, mental health counselor, marriage and family therapist,
 1589  or clinical social worker, as defined in this chapter, who
 1590  consults with, or is employed or contracted by, the service
 1591  provider.
 1592         3. If the service provider certifies that the services in
 1593  the proposed treatment or service plan are not available, the
 1594  petitioner may not file the petition. The service provider must
 1595  notify the managing entity as to the availability of the
 1596  requested services. The managing entity must document such
 1597  efforts to obtain the requested services.
 1598         (3) PETITION FOR INVOLUNTARY OUTPATIENT SERVICES
 1599  PLACEMENT.—
 1600         (a) A petition for involuntary outpatient services
 1601  placement may be filed by:
 1602         1. The administrator of a receiving facility; or
 1603         2. The administrator of a treatment facility.
 1604         (b) Each required criterion for involuntary outpatient
 1605  services placement must be alleged and substantiated in the
 1606  petition for involuntary outpatient services placement. A copy
 1607  of the certificate recommending involuntary outpatient services
 1608  placement completed by two a qualified professionals
 1609  professional specified in subsection (2) must be attached to the
 1610  petition. A copy of the proposed treatment plan must be attached
 1611  to the petition. Before the petition is filed, the service
 1612  provider shall certify that the services in the proposed
 1613  treatment plan are available. If the necessary services are not
 1614  available in the patient’s local community to respond to the
 1615  person’s individual needs, the petition may not be filed. The
 1616  service provider must notify the managing entity as to the
 1617  availability of the requested services. The managing entity must
 1618  document such efforts to obtain the requested services.
 1619         (c) The petition for involuntary outpatient services
 1620  placement must be filed in the county where the patient is
 1621  located, unless the patient is being placed from a state
 1622  treatment facility, in which case the petition must be filed in
 1623  the county where the patient will reside. When the petition has
 1624  been filed, the clerk of the court shall provide copies of the
 1625  petition and the proposed treatment plan to the department, the
 1626  managing entity, the patient, the patient’s guardian or
 1627  representative, the state attorney, and the public defender or
 1628  the patient’s private counsel. A fee may not be charged for
 1629  filing a petition under this subsection.
 1630         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 1631  after the filing of a petition for involuntary outpatient
 1632  services placement, the court shall appoint the public defender
 1633  to represent the person who is the subject of the petition,
 1634  unless the person is otherwise represented by counsel. The clerk
 1635  of the court shall immediately notify the public defender of the
 1636  appointment. The public defender shall represent the person
 1637  until the petition is dismissed, the court order expires, or the
 1638  patient is discharged from involuntary outpatient services
 1639  placement. An attorney who represents the patient must be
 1640  provided shall have access to the patient, witnesses, and
 1641  records relevant to the presentation of the patient’s case and
 1642  shall represent the interests of the patient, regardless of the
 1643  source of payment to the attorney.
 1644         (5) CONTINUANCE OF HEARING.—The patient is entitled, with
 1645  the concurrence of the patient’s counsel, to at least one
 1646  continuance of the hearing. The continuance shall be for a
 1647  period of up to 4 weeks.
 1648         (6) HEARING ON INVOLUNTARY OUTPATIENT SERVICES PLACEMENT.—
 1649         (a)1. The court shall hold the hearing on involuntary
 1650  outpatient services placement within 5 working days after the
 1651  filing of the petition, unless a continuance is granted. The
 1652  hearing must shall be held in the county where the petition is
 1653  filed, must shall be as convenient to the patient as is
 1654  consistent with orderly procedure, and must shall be conducted
 1655  in physical settings not likely to be injurious to the patient’s
 1656  condition. If the court finds that the patient’s attendance at
 1657  the hearing is not consistent with the best interests of the
 1658  patient and if the patient’s counsel does not object, the court
 1659  may waive the presence of the patient from all or any portion of
 1660  the hearing. The state attorney for the circuit in which the
 1661  patient is located shall represent the state, rather than the
 1662  petitioner, as the real party in interest in the proceeding.
 1663         2. The court may appoint a magistrate master to preside at
 1664  the hearing. One of the professionals who executed the
 1665  involuntary outpatient services placement certificate shall be a
 1666  witness. The patient and the patient’s guardian or
 1667  representative shall be informed by the court of the right to an
 1668  independent expert examination. If the patient cannot afford
 1669  such an examination, the court shall ensure that one is
 1670  provided, as otherwise provided by law provide for one. The
 1671  independent expert’s report is shall be confidential and not
 1672  discoverable, unless the expert is to be called as a witness for
 1673  the patient at the hearing. The court shall allow testimony from
 1674  individuals, including family members, deemed by the court to be
 1675  relevant under state law, regarding the person’s prior history
 1676  and how that prior history relates to the person’s current
 1677  condition. The testimony in the hearing must be given under
 1678  oath, and the proceedings must be recorded. The patient may
 1679  refuse to testify at the hearing.
 1680         (b)1. If the court concludes that the patient meets the
 1681  criteria for involuntary outpatient services placement pursuant
 1682  to subsection (1), the court shall issue an order for
 1683  involuntary outpatient services placement. The court order shall
 1684  be for a period of up to 90 days 6 months. The order must
 1685  specify the nature and extent of the patient’s mental illness.
 1686  The order of the court and the treatment plan must shall be made
 1687  part of the patient’s clinical record. The service provider
 1688  shall discharge a patient from involuntary outpatient services
 1689  placement when the order expires or any time the patient no
 1690  longer meets the criteria for involuntary services placement.
 1691  Upon discharge, the service provider shall send a certificate of
 1692  discharge to the court.
 1693         2. The court may not order the department or the service
 1694  provider to provide services if the program or service is not
 1695  available in the patient’s local community, if there is no space
 1696  available in the program or service for the patient, or if
 1697  funding is not available for the program or service. The service
 1698  provider must notify the managing entity as to the availability
 1699  of the requested services. The managing entity must document
 1700  such efforts to obtain the requested services. A copy of the
 1701  order must be sent to the managing entity Agency for Health Care
 1702  Administration by the service provider within 1 working day
 1703  after it is received from the court. The order may be submitted
 1704  electronically through existing data systems. After the
 1705  placement order for involuntary services is issued, the service
 1706  provider and the patient may modify provisions of the treatment
 1707  plan. For any material modification of the treatment plan to
 1708  which the patient or, if one is appointed, the patient’s
 1709  guardian advocate agrees, if appointed, does agree, the service
 1710  provider shall send notice of the modification to the court. Any
 1711  material modifications of the treatment plan which are contested
 1712  by the patient or the patient’s guardian advocate, if applicable
 1713  appointed, must be approved or disapproved by the court
 1714  consistent with subsection (2).
 1715         3. If, in the clinical judgment of a physician, the patient
 1716  has failed or has refused to comply with the treatment ordered
 1717  by the court, and, in the clinical judgment of the physician,
 1718  efforts were made to solicit compliance and the patient may meet
 1719  the criteria for involuntary examination, a person may be
 1720  brought to a receiving facility pursuant to s. 394.463. If,
 1721  after examination, the patient does not meet the criteria for
 1722  involuntary inpatient placement pursuant to s. 394.467, the
 1723  patient must be discharged from the receiving facility. The
 1724  involuntary outpatient services placement order shall remain in
 1725  effect unless the service provider determines that the patient
 1726  no longer meets the criteria for involuntary outpatient services
 1727  placement or until the order expires. The service provider must
 1728  determine whether modifications should be made to the existing
 1729  treatment plan and must attempt to continue to engage the
 1730  patient in treatment. For any material modification of the
 1731  treatment plan to which the patient or the patient’s guardian
 1732  advocate, if applicable appointed, agrees does agree, the
 1733  service provider shall send notice of the modification to the
 1734  court. Any material modifications of the treatment plan which
 1735  are contested by the patient or the patient’s guardian advocate,
 1736  if applicable appointed, must be approved or disapproved by the
 1737  court consistent with subsection (2).
 1738         (c) If, at any time before the conclusion of the initial
 1739  hearing on involuntary outpatient services placement, it appears
 1740  to the court that the person does not meet the criteria for
 1741  involuntary outpatient services placement under this section
 1742  but, instead, meets the criteria for involuntary inpatient
 1743  placement, the court may order the person admitted for
 1744  involuntary inpatient examination under s. 394.463. If the
 1745  person instead meets the criteria for involuntary assessment,
 1746  protective custody, or involuntary admission pursuant to s.
 1747  397.675, the court may order the person to be admitted for
 1748  involuntary assessment for a period of 5 days pursuant to s.
 1749  397.6811. Thereafter, all proceedings are shall be governed by
 1750  chapter 397.
 1751         (d) At the hearing on involuntary outpatient services
 1752  placement, the court shall consider testimony and evidence
 1753  regarding the patient’s competence to consent to treatment. If
 1754  the court finds that the patient is incompetent to consent to
 1755  treatment, it shall appoint a guardian advocate as provided in
 1756  s. 394.4598. The guardian advocate shall be appointed or
 1757  discharged in accordance with s. 394.4598.
 1758         (e) The administrator of the receiving facility or the
 1759  designated department representative shall provide a copy of the
 1760  court order and adequate documentation of a patient’s mental
 1761  illness to the service provider for involuntary outpatient
 1762  services placement. Such documentation must include any advance
 1763  directives made by the patient, a psychiatric evaluation of the
 1764  patient, and any evaluations of the patient performed by a
 1765  clinical psychologist or a clinical social worker.
 1766         (7) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT SERVICES
 1767  PLACEMENT.—
 1768         (a)1. If the person continues to meet the criteria for
 1769  involuntary outpatient services placement, the service provider
 1770  shall, at least 10 days before the expiration of the period
 1771  during which the treatment is ordered for the person, file in
 1772  the circuit court a petition for continued involuntary
 1773  outpatient services placement. The court shall immediately
 1774  schedule a hearing on the petition to be held within 15 days
 1775  after the petition is filed.
 1776         2. The existing involuntary outpatient services placement
 1777  order remains in effect until disposition on the petition for
 1778  continued involuntary outpatient services placement.
 1779         3. A certificate shall be attached to the petition which
 1780  includes a statement from the person’s physician or clinical
 1781  psychologist justifying the request, a brief description of the
 1782  patient’s treatment during the time he or she was receiving
 1783  involuntarily services placed, and an individualized plan of
 1784  continued treatment.
 1785         4. The service provider shall develop the individualized
 1786  plan of continued treatment in consultation with the patient or
 1787  the patient’s guardian advocate, if applicable appointed. When
 1788  the petition has been filed, the clerk of the court shall
 1789  provide copies of the certificate and the individualized plan of
 1790  continued treatment to the department, the patient, the
 1791  patient’s guardian advocate, the state attorney, and the
 1792  patient’s private counsel or the public defender.
 1793         (b) Within 1 court working day after the filing of a
 1794  petition for continued involuntary outpatient services
 1795  placement, the court shall appoint the public defender to
 1796  represent the person who is the subject of the petition, unless
 1797  the person is otherwise represented by counsel. The clerk of the
 1798  court shall immediately notify the public defender of such
 1799  appointment. The public defender shall represent the person
 1800  until the petition is dismissed or the court order expires or
 1801  the patient is discharged from involuntary outpatient services
 1802  placement. Any attorney representing the patient shall have
 1803  access to the patient, witnesses, and records relevant to the
 1804  presentation of the patient’s case and shall represent the
 1805  interests of the patient, regardless of the source of payment to
 1806  the attorney.
 1807         (c) Hearings on petitions for continued involuntary
 1808  outpatient services must placement shall be before the circuit
 1809  court. The court may appoint a magistrate master to preside at
 1810  the hearing. The procedures for obtaining an order pursuant to
 1811  this paragraph must meet the requirements of shall be in
 1812  accordance with subsection (6), except that the time period
 1813  included in paragraph (1)(e) does not apply when is not
 1814  applicable in determining the appropriateness of additional
 1815  periods of involuntary outpatient services placement.
 1816         (d) Notice of the hearing must shall be provided as set
 1817  forth in s. 394.4599. The patient and the patient’s attorney may
 1818  agree to a period of continued outpatient services placement
 1819  without a court hearing.
 1820         (e) The same procedure must shall be repeated before the
 1821  expiration of each additional period the patient is placed in
 1822  treatment.
 1823         (f) If the patient has previously been found incompetent to
 1824  consent to treatment, the court shall consider testimony and
 1825  evidence regarding the patient’s competence. Section 394.4598
 1826  governs the discharge of the guardian advocate if the patient’s
 1827  competency to consent to treatment has been restored.
 1828         Section 13. Section 394.467, Florida Statutes, is amended
 1829  to read:
 1830         394.467 Involuntary inpatient placement.—
 1831         (1) CRITERIA.—A person may be ordered for placed in
 1832  involuntary inpatient placement for treatment upon a finding of
 1833  the court by clear and convincing evidence that:
 1834         (a) He or she has a mental illness is mentally ill and
 1835  because of his or her mental illness:
 1836         1.a. He or she has refused voluntary inpatient placement
 1837  for treatment after sufficient and conscientious explanation and
 1838  disclosure of the purpose of inpatient placement for treatment;
 1839  or
 1840         b. He or she is unable to determine for himself or herself
 1841  whether inpatient placement is necessary; and
 1842         2.a. He or she is manifestly incapable of surviving alone
 1843  or with the help of willing and responsible family or friends,
 1844  including available alternative services, and, without
 1845  treatment, is likely to suffer from neglect or refuse to care
 1846  for himself or herself, and such neglect or refusal poses a real
 1847  and present threat of substantial harm to his or her well-being;
 1848  or
 1849         b. There is substantial likelihood that in the near future
 1850  he or she will inflict serious bodily harm on self or others
 1851  himself or herself or another person, as evidenced by recent
 1852  behavior causing, attempting, or threatening such harm; and
 1853         (b) All available less restrictive treatment alternatives
 1854  that which would offer an opportunity for improvement of his or
 1855  her condition have been judged to be inappropriate.
 1856         (2) ADMISSION TO A TREATMENT FACILITY.—A patient may be
 1857  retained by a receiving facility or involuntarily placed in a
 1858  treatment facility upon the recommendation of the administrator
 1859  of the receiving facility where the patient has been examined
 1860  and after adherence to the notice and hearing procedures
 1861  provided in s. 394.4599. The recommendation must be supported by
 1862  the opinion of two qualified professionals of a psychiatrist and
 1863  the second opinion of a clinical psychologist or another
 1864  psychiatrist, both of whom have personally examined the patient
 1865  within the preceding 72 hours, that the criteria for involuntary
 1866  inpatient placement are met. However, in a county that has a
 1867  population of fewer than 50,000, if the administrator certifies
 1868  that a psychiatrist or clinical psychologist is not available to
 1869  provide the second opinion, the second opinion may be provided
 1870  by a licensed physician who has postgraduate training and
 1871  experience in diagnosis and treatment of mental and nervous
 1872  disorders or by a psychiatric nurse. Any second opinion
 1873  authorized in this subsection may be conducted through a face
 1874  to-face examination, in person or by electronic means. Such
 1875  recommendation shall be entered on a petition for an involuntary
 1876  inpatient placement certificate that authorizes the receiving
 1877  facility to retain the patient pending transfer to a treatment
 1878  facility or completion of a hearing.
 1879         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—
 1880         (a) The administrator of the facility shall file a petition
 1881  for involuntary inpatient placement in the court in the county
 1882  where the patient is located. Upon filing, the clerk of the
 1883  court shall provide copies to the department, the patient, the
 1884  patient’s guardian or representative, and the state attorney and
 1885  public defender of the judicial circuit in which the patient is
 1886  located. A No fee may not shall be charged for the filing of a
 1887  petition under this subsection.
 1888         (b) A facility filing a petition under this subsection for
 1889  involuntary inpatient placement shall send a copy of the
 1890  petition to the managing entity in its area.
 1891         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 1892  after the filing of a petition for involuntary inpatient
 1893  placement, the court shall appoint the public defender to
 1894  represent the person who is the subject of the petition, unless
 1895  the person is otherwise represented by counsel. The clerk of the
 1896  court shall immediately notify the public defender of such
 1897  appointment. Any attorney representing the patient shall have
 1898  access to the patient, witnesses, and records relevant to the
 1899  presentation of the patient’s case and shall represent the
 1900  interests of the patient, regardless of the source of payment to
 1901  the attorney.
 1902         (5) CONTINUANCE OF HEARING.—The patient is entitled, with
 1903  the concurrence of the patient’s counsel, to at least one
 1904  continuance of the hearing. The continuance shall be for a
 1905  period of up to 4 weeks.
 1906         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 1907         (a)1. The court shall hold the hearing on involuntary
 1908  inpatient placement within 5 court working days, unless a
 1909  continuance is granted.
 1910         2. Except for good cause documented in the court file, the
 1911  hearing must shall be held in the county or the facility, as
 1912  appropriate, where the patient is located, must and shall be as
 1913  convenient to the patient as is may be consistent with orderly
 1914  procedure, and shall be conducted in physical settings not
 1915  likely to be injurious to the patient’s condition. If the court
 1916  finds that the patient’s attendance at the hearing is not
 1917  consistent with the best interests of the patient, and the
 1918  patient’s counsel does not object, the court may waive the
 1919  presence of the patient from all or any portion of the hearing.
 1920  The state attorney for the circuit in which the patient is
 1921  located shall represent the state, rather than the petitioning
 1922  facility administrator, as the real party in interest in the
 1923  proceeding.
 1924         3.2. The court may appoint a general or special magistrate
 1925  to preside at the hearing. One of the two professionals who
 1926  executed the petition for involuntary inpatient placement
 1927  certificate shall be a witness. The patient and the patient’s
 1928  guardian or representative shall be informed by the court of the
 1929  right to an independent expert examination. If the patient
 1930  cannot afford such an examination, the court shall ensure that
 1931  one is provided, as otherwise provided for by law provide for
 1932  one. The independent expert’s report is shall be confidential
 1933  and not discoverable, unless the expert is to be called as a
 1934  witness for the patient at the hearing. The testimony in the
 1935  hearing must be given under oath, and the proceedings must be
 1936  recorded. The patient may refuse to testify at the hearing.
 1937         (b) If the court concludes that the patient meets the
 1938  criteria for involuntary inpatient placement, it may shall order
 1939  that the patient be transferred to a treatment facility or, if
 1940  the patient is at a treatment facility, that the patient be
 1941  retained there or be treated at any other appropriate receiving
 1942  or treatment facility, or that the patient receive services from
 1943  such a receiving or treatment facility or service provider, on
 1944  an involuntary basis, for a period of up to 90 days 6 months.
 1945  However, any order for involuntary mental health services in a
 1946  treatment facility may be for up to 6 months. The order shall
 1947  specify the nature and extent of the patient’s mental illness.
 1948  The facility shall discharge a patient any time the patient no
 1949  longer meets the criteria for involuntary inpatient placement,
 1950  unless the patient has transferred to voluntary status.
 1951         (c) If at any time before prior to the conclusion of the
 1952  hearing on involuntary inpatient placement it appears to the
 1953  court that the person does not meet the criteria for involuntary
 1954  inpatient placement under this section, but instead meets the
 1955  criteria for involuntary outpatient services placement, the
 1956  court may order the person evaluated for involuntary outpatient
 1957  services placement pursuant to s. 394.4655. The petition and
 1958  hearing procedures set forth in s. 394.4655 shall apply. If the
 1959  person instead meets the criteria for involuntary assessment,
 1960  protective custody, or involuntary admission pursuant to s.
 1961  397.675, then the court may order the person to be admitted for
 1962  involuntary assessment for a period of 5 days pursuant to s.
 1963  397.6811. Thereafter, all proceedings are shall be governed by
 1964  chapter 397.
 1965         (d) At the hearing on involuntary inpatient placement, the
 1966  court shall consider testimony and evidence regarding the
 1967  patient’s competence to consent to treatment. If the court finds
 1968  that the patient is incompetent to consent to treatment, it
 1969  shall appoint a guardian advocate as provided in s. 394.4598.
 1970         (e) The administrator of the petitioning receiving facility
 1971  shall provide a copy of the court order and adequate
 1972  documentation of a patient’s mental illness to the administrator
 1973  of a treatment facility if the whenever a patient is ordered for
 1974  involuntary inpatient placement, whether by civil or criminal
 1975  court. The documentation must shall include any advance
 1976  directives made by the patient, a psychiatric evaluation of the
 1977  patient, and any evaluations of the patient performed by a
 1978  psychiatric nurse, clinical psychologist, a marriage and family
 1979  therapist, a mental health counselor, or a clinical social
 1980  worker. The administrator of a treatment facility may refuse
 1981  admission to any patient directed to its facilities on an
 1982  involuntary basis, whether by civil or criminal court order, who
 1983  is not accompanied at the same time by adequate orders and
 1984  documentation.
 1985         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
 1986  PLACEMENT.—
 1987         (a) Hearings on petitions for continued involuntary
 1988  inpatient placement of an individual placed at any treatment
 1989  facility are shall be administrative hearings and must shall be
 1990  conducted in accordance with the provisions of s. 120.57(1),
 1991  except that any order entered by the administrative law judge is
 1992  shall be final and subject to judicial review in accordance with
 1993  s. 120.68. Orders concerning patients committed after
 1994  successfully pleading not guilty by reason of insanity are shall
 1995  be governed by the provisions of s. 916.15.
 1996         (b) If the patient continues to meet the criteria for
 1997  involuntary inpatient placement and is being treated at a
 1998  treatment facility, the administrator shall, before prior to the
 1999  expiration of the period during which the treatment facility is
 2000  authorized to retain the patient, file a petition requesting
 2001  authorization for continued involuntary inpatient placement. The
 2002  request must shall be accompanied by a statement from the
 2003  patient’s physician, psychiatrist, psychiatric nurse, or
 2004  clinical psychologist justifying the request, a brief
 2005  description of the patient’s treatment during the time he or she
 2006  was involuntarily placed, and an individualized plan of
 2007  continued treatment. Notice of the hearing must shall be
 2008  provided as provided set forth in s. 394.4599. If a patient’s
 2009  attendance at the hearing is voluntarily waived, the
 2010  administrative law judge must determine that the waiver is
 2011  knowing and voluntary before waiving the presence of the patient
 2012  from all or a portion of the hearing. Alternatively, if at the
 2013  hearing the administrative law judge finds that attendance at
 2014  the hearing is not consistent with the best interests of the
 2015  patient, the administrative law judge may waive the presence of
 2016  the patient from all or any portion of the hearing, unless the
 2017  patient, through counsel, objects to the waiver of presence. The
 2018  testimony in the hearing must be under oath, and the proceedings
 2019  must be recorded.
 2020         (c) Unless the patient is otherwise represented or is
 2021  ineligible, he or she shall be represented at the hearing on the
 2022  petition for continued involuntary inpatient placement by the
 2023  public defender of the circuit in which the facility is located.
 2024         (d) If at a hearing it is shown that the patient continues
 2025  to meet the criteria for involuntary inpatient placement, the
 2026  administrative law judge shall sign the order for continued
 2027  involuntary inpatient placement for a period of up to 90 days
 2028  not to exceed 6 months. However, any order for involuntary
 2029  mental health services in a treatment facility may be for up to
 2030  6 months. The same procedure shall be repeated prior to the
 2031  expiration of each additional period the patient is retained.
 2032         (e) If continued involuntary inpatient placement is
 2033  necessary for a patient admitted while serving a criminal
 2034  sentence, but his or her whose sentence is about to expire, or
 2035  for a minor patient involuntarily placed, while a minor but who
 2036  is about to reach the age of 18, the administrator shall
 2037  petition the administrative law judge for an order authorizing
 2038  continued involuntary inpatient placement.
 2039         (f) If the patient has been previously found incompetent to
 2040  consent to treatment, the administrative law judge shall
 2041  consider testimony and evidence regarding the patient’s
 2042  competence. If the administrative law judge finds evidence that
 2043  the patient is now competent to consent to treatment, the
 2044  administrative law judge may issue a recommended order to the
 2045  court that found the patient incompetent to consent to treatment
 2046  that the patient’s competence be restored and that any guardian
 2047  advocate previously appointed be discharged.
 2048         (g) If the patient has been ordered to undergo involuntary
 2049  inpatient placement and has previously been found incompetent to
 2050  consent to treatment, the court shall consider testimony and
 2051  evidence regarding the patient’s incompetence. If the patient’s
 2052  competency to consent to treatment is restored, the discharge of
 2053  the guardian advocate shall be governed by the provisions of s.
 2054  394.4598.
 2055  
 2056  The procedure required in this subsection must be followed
 2057  before the expiration of each additional period the patient is
 2058  involuntarily receiving services.
 2059         (8) RETURN TO FACILITY OF PATIENTS.—If a patient
 2060  involuntarily held When a patient at a treatment facility under
 2061  this part leaves the facility without the administrator’s
 2062  authorization, the administrator may authorize a search for the
 2063  patient and his or her the return of the patient to the
 2064  facility. The administrator may request the assistance of a law
 2065  enforcement agency in this regard the search for and return of
 2066  the patient.
 2067         Section 14. Section 394.46715, Florida Statutes, is amended
 2068  to read:
 2069         394.46715 Rulemaking authority.—The department may adopt
 2070  rules to administer this part Department of Children and
 2071  Families shall have rulemaking authority to implement the
 2072  provisions of ss. 394.455, 394.4598, 394.4615, 394.463,
 2073  394.4655, and 394.467 as amended or created by this act. These
 2074  rules shall be for the purpose of protecting the health, safety,
 2075  and well-being of persons examined, treated, or placed under
 2076  this act.
 2077         Section 15. Section 394.656, Florida Statutes, is amended
 2078  to read:
 2079         394.656 Criminal Justice, Mental Health, and Substance
 2080  Abuse Reinvestment Grant Program.—
 2081         (1) There is created within the Department of Children and
 2082  Families the Criminal Justice, Mental Health, and Substance
 2083  Abuse Reinvestment Grant Program. The purpose of the program is
 2084  to provide funding to counties with which they may use to can
 2085  plan, implement, or expand initiatives that increase public
 2086  safety, avert increased spending on criminal justice, and
 2087  improve the accessibility and effectiveness of treatment
 2088  services for adults and juveniles who have a mental illness,
 2089  substance abuse disorder, or co-occurring mental health and
 2090  substance abuse disorders and who are in, or at risk of
 2091  entering, the criminal or juvenile justice systems.
 2092         (2) The department shall establish a Criminal Justice,
 2093  Mental Health, and Substance Abuse Statewide Grant Review
 2094  Committee. The committee shall include:
 2095         (a) One representative of the Department of Children and
 2096  Families;
 2097         (b) One representative of the Department of Corrections;
 2098         (c) One representative of the Department of Juvenile
 2099  Justice;
 2100         (d) One representative of the Department of Elderly
 2101  Affairs; and
 2102         (e) One representative of the Office of the State Courts
 2103  Administrator;.
 2104         (f) One representative of the Department of Veterans’
 2105  Affairs;
 2106         (g) One representative of the Florida Sheriffs Association;
 2107         (h) One representative of the Florida Police Chiefs
 2108  Association;
 2109         (i) One representative of the Florida Association of
 2110  Counties;
 2111         (j) One representative of the Florida Alcohol and Drug
 2112  Abuse Association;
 2113         (k) One representative of the Florida Association of
 2114  Managing Entities;
 2115         (l) One representative of the Florida Council for Community
 2116  Mental Health;
 2117         (m) One representative of the National Alliance of Mental
 2118  Illness;
 2119         (n) One representative of the Florida Prosecuting Attorneys
 2120  Association;
 2121         (o) One representative of the Florida Public Defender
 2122  Association; and
 2123         (p) One administrator of an assisted living facility that
 2124  holds a limited mental health license.
 2125         (3) The committee shall serve as the advisory body to
 2126  review policy and funding issues that help reduce the impact of
 2127  persons with mental illness and substance abuse disorders on
 2128  communities, criminal justice agencies, and the court system.
 2129  The committee shall advise the department in selecting
 2130  priorities for grants and investing awarded grant moneys.
 2131         (4) The committee must have experience in substance use and
 2132  mental health disorders, community corrections, and law
 2133  enforcement. To the extent possible, the members of the
 2134  committee shall have expertise in grant review writing, grant
 2135  reviewing, and grant application scoring.
 2136         (5)(a)(3)(a) A county, or a not-for-profit community
 2137  provider or managing entity designated by the county planning
 2138  council or committee, as described in s. 394.657, may apply for
 2139  a 1-year planning grant or a 3-year implementation or expansion
 2140  grant. The purpose of the grants is to demonstrate that
 2141  investment in treatment efforts related to mental illness,
 2142  substance abuse disorders, or co-occurring mental health and
 2143  substance abuse disorders results in a reduced demand on the
 2144  resources of the judicial, corrections, juvenile detention, and
 2145  health and social services systems.
 2146         (b) To be eligible to receive a 1-year planning grant or a
 2147  3-year implementation or expansion grant:,
 2148         1. A county applicant must have a county planning council
 2149  or committee that is in compliance with the membership
 2150  requirements set forth in this section.
 2151         2. A not-for-profit community provider or managing entity
 2152  must be designated by the county planning council or committee
 2153  and have written authorization to submit an application. A not
 2154  for-profit community provider or managing entity must have
 2155  written authorization for each submitted application.
 2156         (c) The department may award a 3-year implementation or
 2157  expansion grant to an applicant who has not received a 1-year
 2158  planning grant.
 2159         (d) The department may require an applicant to conduct
 2160  sequential intercept mapping for a project. For purposes of this
 2161  paragraph, the term “sequential intercept mapping” means a
 2162  process for reviewing a local community’s mental health,
 2163  substance abuse, criminal justice, and related systems and
 2164  identifying points of interceptions where interventions may be
 2165  made to prevent an individual with a substance abuse disorder or
 2166  mental illness from deeper involvement in the criminal justice
 2167  system.
 2168         (6)(4) The grant review and selection committee shall
 2169  select the grant recipients and notify the department of
 2170  Children and Families in writing of the recipients’ names of the
 2171  applicants who have been selected by the committee to receive a
 2172  grant. Contingent upon the availability of funds and upon
 2173  notification by the grant review and selection committee of
 2174  those applicants approved to receive planning, implementation,
 2175  or expansion grants, the department of Children and Families may
 2176  transfer funds appropriated for the grant program to a selected
 2177  grant recipient to any county awarded a grant.
 2178         Section 16. Section 394.761, Florida Statutes, is created
 2179  to read:
 2180         394.761 Revenue maximization.—The department, in
 2181  coordination with the Agency for Health Care Administration and
 2182  the managing entities, shall compile detailed documentation of
 2183  the cost and reimbursements for Medicaid covered services
 2184  provided to Medicaid eligible individuals by providers of
 2185  behavioral health services that are also funded for programs
 2186  authorized by this chapter and chapter 397. The department’s
 2187  documentation, along with a report of general revenue funds
 2188  supporting behavioral health services that are not counted as
 2189  maintenance of effort or match for any other federal program,
 2190  will be submitted to the Agency for Health Care Administration
 2191  by December 31, 2016. Copies of the report must also be provided
 2192  to the Governor, the President of the Senate, and the Speaker of
 2193  the House of Representatives. If this report presents clear
 2194  evidence that Medicaid reimbursements are less than the costs of
 2195  providing the services, the Agency for Health Care
 2196  Administration and the Department of Children and Families shall
 2197  prepare and submit any budget amendments necessary to use
 2198  unmatched general revenue funds in the 2016-2017 fiscal year to
 2199  draw additional federal funding to increase Medicaid funding to
 2200  behavioral health service providers receiving the unmatched
 2201  general revenue. Payments shall be made to providers in such
 2202  manner as is allowed by federal law and regulations.
 2203         Section 17. Subsection (11) is added to section 394.875,
 2204  Florida Statutes, to read:
 2205         394.875 Crisis stabilization units, residential treatment
 2206  facilities, and residential treatment centers for children and
 2207  adolescents; authorized services; license required.—
 2208         (11) By January 1, 2017, the department and the agency
 2209  shall modify licensure rules and procedures to create an option
 2210  for a single, consolidated license for a provider who offers
 2211  multiple types of mental health and substance abuse services
 2212  regulated under this chapter and chapter 397. Providers eligible
 2213  for a consolidated license shall operate these services through
 2214  a single corporate entity and a unified management structure.
 2215  Any provider serving adults and children must meet department
 2216  standards for separate facilities and other requirements
 2217  necessary to ensure children’s safety and promote therapeutic
 2218  efficacy.
 2219         Section 18. Section 394.9082, Florida Statutes, is amended
 2220  to read:
 2221         (Substantial rewording of section. See
 2222         s. 394.9082, F.S., for present text.)
 2223         394.9082 Behavioral health managing entities purpose;
 2224  definitions; duties; contracting; accountability.—
 2225         (1) PURPOSE.—The purpose of the behavioral health managing
 2226  entities is to plan, coordinate and contract for the delivery of
 2227  community mental health and substance abuse services, to improve
 2228  access to care, to promote service continuity, to purchase
 2229  services, and to support efficient and effective delivery of
 2230  services.
 2231         (2) DEFINITIONS.—As used in this section, the term:
 2232         (a) “Behavioral health services” means mental health
 2233  services and substance abuse prevention and treatment services
 2234  as described in this chapter and chapter 397.
 2235         (b) “Case management” means those direct services provided
 2236  to a client in order to assess needs, plan or arrange services,
 2237  coordinate service providers, monitor service delivery, and
 2238  evaluate outcomes.
 2239         (c) “Coordinated system of care” means the full array of
 2240  behavioral health and related services in a region or a
 2241  community offered by all service providers, whether
 2242  participating under contract with the managing entity or through
 2243  another method of community partnership or mutual agreement.
 2244         (d) “Geographic area” means one or more contiguous
 2245  counties, circuits, or regions as described in s. 409.966.
 2246         (e) “High-need or high-utilization individual” means a
 2247  recipient who meets one or more of the following criteria and
 2248  may be eligible for intensive case management services:
 2249         1. Has resided in a state mental health facility for at
 2250  least 6 months in the last 36 months;
 2251         2. Has had two or more admissions to a state mental health
 2252  facility in the last 36 months; or
 2253         3. Has had three or more admissions to a crisis
 2254  stabilization unit, an addictions receiving facility, a short
 2255  term residential detoxification facility, or an inpatient
 2256  psychiatric unit within the last 12 months.
 2257         (f) “Managed behavioral health organization” means a
 2258  Medicaid managed care organization currently under contract with
 2259  the statewide Medicaid managed medical assistance program in
 2260  this state pursuant to part IV of chapter 409, including a
 2261  managed care organization operating as a behavioral health
 2262  specialty plan.
 2263         (g) “Managing entity” means a corporation selected by and
 2264  under contract with the department to manage the daily
 2265  operational delivery of behavioral health services through a
 2266  coordinated system of care.
 2267         (h) “Provider network” means the group of direct service
 2268  providers, facilities, and organizations under contract with a
 2269  managing entity to provide a comprehensive array of emergency,
 2270  acute care, residential, outpatient, recovery support, and
 2271  consumer support services, including prevention services.
 2272         (i) “Receiving facility” means any public or private
 2273  facility designated by the department to receive and hold or to
 2274  refer, as appropriate, involuntary patients under emergency
 2275  conditions for mental health or substance abuse evaluation and
 2276  to provide treatment or transportation to the appropriate
 2277  service provider. County jails may not be used or designated as
 2278  a receiving facility, a triage center, or an access center.
 2279         (3) DEPARTMENT DUTIES.—The department shall:
 2280         (a)Designate, with input from the managing entity,
 2281  facilities that meet the definitions in s. 394.455(1), (2),
 2282  (13), and (41) and the receiving system developed by one or more
 2283  counties pursuant to s. 394.4573(2)(b).
 2284         (b) Contract with organizations to serve as the managing
 2285  entity in accordance with the requirements of this section.
 2286         (c) Specify the geographic area served.
 2287         (d) Specify data reporting and use of shared data systems.
 2288         (e) Develop strategies to divert persons with mental
 2289  illness or substance abuse disorders from the criminal and
 2290  juvenile justice systems.
 2291         (f) Support the development and implementation of a
 2292  coordinated system of care by requiring each provider that
 2293  receives state funds for behavioral health services through a
 2294  direct contract with the department to work with the managing
 2295  entity in the provider’s service area to coordinate the
 2296  provision of behavioral health services, as part of the contract
 2297  with the department.
 2298         (g) Provide technical assistance to the managing entities.
 2299         (h) Promote the integration of behavioral health care and
 2300  primary care.
 2301         (i) Facilitate the coordination between the managing entity
 2302  and other payors of behavioral health care.
 2303         (j) Develop and provide a unique identifier for clients
 2304  receiving services under the managing entity to coordinate care.
 2305         (k) Coordinate procedures for the referral and admission of
 2306  patients to, and the discharge of patients from, state treatment
 2307  facilities and their return to the community.
 2308         (l) Ensure that managing entities comply with state and
 2309  federal laws, rules, and regulations.
 2310         (m) Develop rules for the operations of, and the
 2311  requirements that must be met by, the managing entity, if
 2312  necessary.
 2313         (4)CONTRACTS FOR SERVICES.—
 2314         (a) In contracting for services with managing entities
 2315  under this section, the department must first attempt to
 2316  contract with not-for-profit, community-based organizations that
 2317  have competence in managing networks of providers serving
 2318  persons with mental health and substance abuse disorders.
 2319         (b) The department shall issue an invitation to negotiate
 2320  under s. 287.057 to select an organization to serve as a
 2321  managing entity. If the department receives fewer than two
 2322  responsive bids to the solicitation, the department shall
 2323  reissue the invitation to negotiate, in which case managed
 2324  behavioral health organizations shall be eligible to bid and be
 2325  awarded a contract.
 2326         (c) If the managing entity is a not-for-profit, community
 2327  based organization, it must have a governing board that is
 2328  representative. At a minimum, the governing board must include
 2329  consumers and their family members; representatives of local
 2330  government, area law enforcement agencies, health care
 2331  facilities, and community-based care lead agencies; business
 2332  leaders; and providers of substance abuse and mental health
 2333  services as defined in this chapter and chapter 397.
 2334         (d) If the managing entity is a managed behavioral health
 2335  organization, it must establish an advisory board that meets the
 2336  same requirements specified in paragraph (c) for a governing
 2337  board.
 2338         (e) If the department issues an invitation to negotiate
 2339  pursuant to paragraph (b), the department shall consider the
 2340  advice and recommendations of the provider network and community
 2341  stakeholders in determining the criteria and relative weight of
 2342  the criteria that will be used in the solicitation of the new
 2343  contractor. The department shall consider all of the following
 2344  factors:
 2345         1. Experience serving persons with mental health and
 2346  substance abuse disorders.
 2347         2. Establishment of community partnerships with behavioral
 2348  health providers.
 2349         3. Demonstrated organizational capabilities for network
 2350  management functions.
 2351         4. Capability to coordinate behavioral health with primary
 2352  care services.
 2353         (f) The department’s contracts with managing entities must
 2354  support efficient and effective administration of the behavioral
 2355  health system and ensure accountability for performance.
 2356         (g) A contractor serving as a managing entity shall operate
 2357  under the same data reporting, administrative, and
 2358  administrative rate requirements, regardless of whether it is a
 2359  for-profit or a not-for-profit entity.
 2360         (h) The contract must designate the geographic area that
 2361  will be served by the managing entity, which area must be of
 2362  sufficient size in population, funding, and services to allow
 2363  for flexibility and efficiency.
 2364         (i) The contract must require that, when there is a change
 2365  in the managing entity in a geographic area, a transition plan
 2366  be developed and implemented by the department which ensures
 2367  continuity of care for patients receiving behavioral health
 2368  services.
 2369         (j) By October 31, 2019, if all other contract requirements
 2370  and performance standards are met and the department determines
 2371  that the managing entity has made progress toward the
 2372  implementation of a coordinated system of care in its geographic
 2373  region, the department may continue its contract with the
 2374  managing entity for up to, but not exceeding, 5 years, including
 2375  any and all renewals and extensions. Thereafter, the department
 2376  must issue a competitive solicitation pursuant to paragraph (b).
 2377         (5) DUTIES OF MANAGING ENTITIES.—A managing entity shall:
 2378         (a)Maintain a board of directors that is representative of
 2379  the community and that, at a minimum, includes consumers and
 2380  family members, community stakeholders and organizations, and
 2381  providers of mental health and substance abuse services,
 2382  including public and private receiving facilities.
 2383         (b) Conduct a community behavioral health care needs
 2384  assessment in the geographic area served by the managing entity.
 2385  The needs assessment must be updated annually and provided to
 2386  the department. The assessment must include, at a minimum, the
 2387  information the department needs for its annual report to the
 2388  Governor and Legislature pursuant to s. 394.4573.
 2389         (c) Develop local resources by pursuing third-party
 2390  payments for services, applying for grants, assisting providers
 2391  in securing local matching funds and in-kind services, and any
 2392  other methods needed to ensure services are available and
 2393  accessible.
 2394         (d) Provide assistance to counties to develop a designated
 2395  receiving system pursuant to s. 394.4573(2)(b) and a
 2396  transportation plan pursuant to s. 394.462.
 2397         (e) Promote the development and effective implementation of
 2398  a coordinated system of care pursuant to s. 394.4573.
 2399         (f) Develop a comprehensive network of qualified providers
 2400  to deliver behavioral health services. The managing entity is
 2401  not required to competitively procure network providers, but
 2402  must have a process in place to publicize opportunities to join
 2403  the network and to evaluate providers in the network to
 2404  determine if they can remain in the network. These processes
 2405  must be published on the website of the managing entity. The
 2406  managing entity must ensure continuity of care for clients if a
 2407  provider ceases to provide a service or leaves the network.
 2408         (g) Enter into cooperative agreements with local homeless
 2409  councils and organizations to allow the sharing of available
 2410  resource information, shared client information, client referral
 2411  services, and any other data or information that may be useful
 2412  in addressing the homelessness of persons suffering from a
 2413  behavioral health crisis. All information sharing must comply
 2414  with federal and state privacy and confidentiality laws,
 2415  statutes and regulations.
 2416         (h)Monitor network providers performance and their
 2417  compliance with contract requirements and federal and state
 2418  laws, rules, and regulations.
 2419         (i)Provide or contract for case management services.
 2420         (j) Manage and allocate funds for services to meet the
 2421  requirements of law or rule.
 2422         (k) Promote integration of behavioral health with primary
 2423  care.
 2424         (l) Implement shared data systems necessary for the
 2425  delivery of coordinated care and integrated services, the
 2426  assessment of managing entity performance and provider
 2427  performance, and the reporting of outcomes and costs of
 2428  services.
 2429         (m) Operate in a transparent manner, providing public
 2430  access to information, notice of meetings, and opportunities for
 2431  public participation in managing entity decision-making.
 2432         (n) Establish and maintain effective relationships with
 2433  community stakeholders, including local governments and other
 2434  organizations that serve individuals with behavioral health
 2435  needs.
 2436         (o) Collaborate with local criminal and juvenile justice
 2437  systems to divert persons with mental illness or substance abuse
 2438  disorders, or both, from the criminal and juvenile justice
 2439  systems.
 2440         (p) Collaborate with the local court system to develop
 2441  procedures to maximize the use of involuntary outpatient
 2442  services; reduce involuntary inpatient treatment; and increase
 2443  diversion from the criminal and juvenile justice systems.
 2444         (6) NETWORK ACCREDITATION AND SYSTEMS COORDINATION
 2445  AGREEMENTS.—
 2446         (a)1. The department shall identify acceptable
 2447  accreditations which address coordination within a network and,
 2448  if possible, between the network and major systems and programs
 2449  with which the network interacts, such as the child welfare
 2450  system, state courts system, and the Medicaid program. In
 2451  identifying acceptable accreditations, the department shall
 2452  consider whether the accreditation facilitates integrated
 2453  strategic planning, resource coordination, technology
 2454  integration, performance measurement, and increased value to
 2455  consumers through choice of access to services, improved
 2456  coordination of services, and effectiveness and efficiency of
 2457  service delivery.
 2458         2. All managing entities under contract as of July 1, 2016,
 2459  shall earn accreditation deemed acceptable by the department
 2460  pursuant to paragraph (a) by June 30, 2019. Managing entities
 2461  whose initial contract with the state is executed after July 1,
 2462  2016, shall earn network accreditation within 3 years after the
 2463  contract execution date. Pursuant to paragraph (4)(j) above, the
 2464  department may continue the contract of a managing entity that
 2465  earns the network accreditation within the required timeframe
 2466  and maintains it throughout the contract term.
 2467         (b) If no accreditations are available or deemed acceptable
 2468  which address coordination between the network and other major
 2469  systems and programs, by July 1, 2017, for managing entities
 2470  under contract as of July 1, 2016, and within one year after the
 2471  contract execution date for managing entities initially under
 2472  contract after that date, each managing entity shall enter into
 2473  a memorandum of understanding detailing mechanisms for
 2474  communication and coordination with any community-based care
 2475  lead agencies, state court system, sheriff’s offices, public
 2476  defenders, offices of regional conflict counsel Medicaid managed
 2477  medical assistance plans, and homeless coalitions in its service
 2478  area. Such entities shall cooperate with the managing entities
 2479  in entering into such memoranda.
 2480         (c) By February 1 of each year, beginning in 2018, each
 2481  managing entity shall develop and submit to the department a
 2482  plan for the enhancement of the behavioral health system of care
 2483  of the managing entity’s service area, if appropriate, based on
 2484  the assessed behavioral health care needs of the service area.
 2485  Individual sections of the plan shall address:
 2486         1. The designated receiving systems developed pursuant to
 2487  s. 394.4573, and shall give consideration to evidence-based,
 2488  evidence-informed, and innovative practices for diverting
 2489  individuals from the acute behavioral health care system and
 2490  addressing their needs once they are in the system in the most
 2491  efficient and cost-effective manner.
 2492         2. Treatment and recovery services, and shall emphasize the
 2493  provision of care coordination and the use of recovery-oriented,
 2494  peer-involved approaches.
 2495         3. Coordination between the behavioral health system of
 2496  care and other systems such as the child welfare system, state
 2497  courts system and Medicaid program.
 2498         (d) If the plan recommends additional funding, the plan
 2499  shall describe, at a minimum, the specific needs that would be
 2500  met, the specific services that would be purchased, the
 2501  estimated benefits of the services, the projected costs, the
 2502  projected number of individuals that would be served, and any
 2503  other information indicating the estimated benefit to the
 2504  community. The managing entity shall include consumers and their
 2505  family members, local governments, law enforcement agencies,
 2506  providers, community partners, and other stakeholders when
 2507  developing the plan.
 2508         (e) Subject to a specific appropriation by the Legislature,
 2509  the department may award system improvement grants to managing
 2510  entities based on the submission of the plans as described and
 2511  required in paragraphs (c) and (d).
 2512         (7) PERFORMANCE MEASUREMENT AND ACCOUNTABILITY.—
 2513         (a) Managing entities shall collect and submit data to the
 2514  department regarding persons served, outcomes of persons served,
 2515  costs of services provided through the department’s contract,
 2516  and other data as required by the department.
 2517         (b) The department shall evaluate the managing entity’s
 2518  performance and the overall progress made by the managing
 2519  entity, together with other systems, in meeting the community’s
 2520  behavioral health needs, based on consumer-centered outcome
 2521  measures that reflect national standards, if possible, and that
 2522  can dependably be measured. The department shall work with
 2523  managing entities to establish performance standards related at
 2524  a minimum to:
 2525         1. The extent to which individuals in the community receive
 2526  services.
 2527         2. The improvement in the overall behavioral health of a
 2528  community.
 2529         3. The improvement in functioning or progress in the
 2530  recovery of individuals served by the managing entity, as
 2531  determined using person-centered measures tailored to the
 2532  population.
 2533         4. The success of strategies to divert admissions to acute
 2534  levels of care, jails, prisons, and forensic facilities as
 2535  measured by, at a minimum, the total number of percentage of
 2536  clients who, during a specified period, experience multiple
 2537  admissions to acute levels of care, jails, prisons, or forensic
 2538  facilities.
 2539         5. Consumer and family satisfaction.
 2540         6. The satisfaction of key community constituencies such as
 2541  law enforcement agencies, juvenile justice agencies, the state
 2542  courts system, school districts, local government entities,
 2543  hospitals, and others as appropriate for the geographical area
 2544  of the managing entity.
 2545         (8) FUNDING FOR MANAGING ENTITIES.—
 2546         (a) A contract established between the department and a
 2547  managing entity under this section must be funded by general
 2548  revenue, other applicable state funds, or applicable federal
 2549  funding sources. A managing entity may carry forward documented
 2550  unexpended state funds from one fiscal year to the next, but the
 2551  cumulative amount carried forward may not exceed 8 percent of
 2552  the total value of the contract. Any unexpended state funds in
 2553  excess of that percentage must be returned to the department.
 2554  The funds carried forward may not be used in a way that would
 2555  increase future recurring obligations or for any program or
 2556  service that was not authorized as of July 1, 2016, under the
 2557  existing contract with the department. Expenditures of funds
 2558  carried forward must be separately reported to the department.
 2559  Any unexpended funds that remain at the end of the contract
 2560  period must be returned to the department. Funds carried forward
 2561  may be retained through contract renewals and new contract
 2562  procurements as long as the same managing entity is retained by
 2563  the department.
 2564         (b) The method of payment for a fixed-price contract with a
 2565  managing entity must provide for a 2-month advance payment at
 2566  the beginning of each fiscal year and equal monthly payments
 2567  thereafter.
 2568         (9) ACUTE CARE SERVICES UTILIZATION DATABASE.—The
 2569  department shall develop, implement, and maintain standards
 2570  under which a managing entity shall collect utilization data
 2571  from all public receiving facilities situated within its
 2572  geographic service area and all detoxification and addictions
 2573  receiving facilities under contract with the managing entity. As
 2574  used in this subsection, the term “public receiving facility”
 2575  means an entity that meets the licensure requirements of, and is
 2576  designated by, the department to operate as a public receiving
 2577  facility under s. 394.875 and that is operating as a licensed
 2578  crisis stabilization unit.
 2579         (a) The department shall develop standards and protocols to
 2580  be used for data collection, storage, transmittal, and analysis.
 2581  The standards and protocols shall allow for compatibility of
 2582  data and data transmittal between public receiving facilities,
 2583  detoxification facilities, addiction receiving facilities,
 2584  managing entities, and the department for the implement and
 2585  requirements of this subsection.
 2586         (b) A managing entity shall require providers specified in
 2587  paragraph (1)(a) to submit data, in real time or at least daily,
 2588  to the managing entity for:
 2589         1. All admissions and discharges of clients receiving
 2590  public receiving facility services who qualify as indigent, as
 2591  defined in s. 394.4787;
 2592         2. The current active census of total licensed beds, the
 2593  number of beds purchased by the department, the number of
 2594  clients qualifying as indigent who occupy those beds, and the
 2595  total number of unoccupied licensed beds regardless of funding
 2596  for each public receiving facility;
 2597         3. All admissions and discharges of clients receiving
 2598  substance abuse services in an addictions receiving facility or
 2599  detoxification facility pursuant to parts IV and V of chapter
 2600  397.
 2601         (c) A managing entity shall require providers specified in
 2602  paragraph (1)(a) to submit data, on a monthly basis, to the
 2603  managing entity which aggregates the daily data submitted under
 2604  paragraph (b). The managing entity shall reconcile the data in
 2605  the monthly submission to the data received by the managing
 2606  entity under paragraph (b) to check for consistency. If the
 2607  monthly aggregate data submitted by a provider under this
 2608  paragraph are inconsistent with the daily data submitted under
 2609  paragraph (b), the managing entity shall consult with the
 2610  provider to make corrections necessary to ensure accurate data.
 2611         (d) A managing entity shall require providers specified in
 2612  paragraph (1)(a)within its provider network to submit data, on
 2613  an annual basis, to the managing entity which aggregates the
 2614  data submitted and reconciled under paragraph (c). The managing
 2615  entity shall reconcile the data in the annual submission to the
 2616  data received and reconciled by the managing entity under
 2617  paragraph (c) to check for consistency. If the annual aggregate
 2618  data submitted by a provider under this paragraph are
 2619  inconsistent with the data received and reconciled under
 2620  paragraph (c), the managing entity shall consult with the
 2621  provider to make corrections necessary to ensure accurate data.
 2622         (e) After ensuring the accuracy of data pursuant to
 2623  paragraphs (c) and (d), the managing entity shall submit the
 2624  data to the department on a monthly and an annual basis. The
 2625  department shall create a statewide database for the data
 2626  described under paragraph (b) and submitted under this paragraph
 2627  for the purpose of analyzing the payments for and the use of
 2628  crisis stabilization services funded by the Baker Act and
 2629  detoxification and addictions receiving services provided
 2630  pursuant to parts IV and V of chapter 397 on a statewide basis
 2631  and on an individual provider basis.
 2632         Section 19. Present subsections (20) through (45) of
 2633  section 397.311, Florida Statutes, are redesignated as
 2634  subsections (22) through (47), respectively, new subsections
 2635  (20) and (21) are added to that section, and present subsections
 2636  (30) and (38) of that section are amended, to read:
 2637         397.311 Definitions.—As used in this chapter, except part
 2638  VIII, the term:
 2639         (20) “Informed consent” means consent voluntarily given in
 2640  writing by a competent person after sufficient explanation and
 2641  disclosure of the subject matter involved to enable the person
 2642  to make a knowing and willful decision without any element of
 2643  force, fraud, deceit, duress, or other form of constraint or
 2644  coercion.
 2645         (21) “Involuntary services” means an array of behavioral
 2646  health services that may be ordered by the court for persons
 2647  with substance abuse or co-occurring mental health disorders.
 2648         (32)(30) “Qualified professional” means a physician or a
 2649  physician assistant licensed under chapter 458 or chapter 459; a
 2650  professional licensed under chapter 490 or chapter 491; an
 2651  advanced registered nurse practitioner having a specialty in
 2652  psychiatry licensed under part I of chapter 464; or a person who
 2653  is certified through a department-recognized certification
 2654  process for substance abuse treatment services and who holds, at
 2655  a minimum, a bachelor’s degree. A person who is certified in
 2656  substance abuse treatment services by a state-recognized
 2657  certification process in another state at the time of employment
 2658  with a licensed substance abuse provider in this state may
 2659  perform the functions of a qualified professional as defined in
 2660  this chapter but must meet certification requirements contained
 2661  in this subsection no later than 1 year after his or her date of
 2662  employment.
 2663         (40)(38) “Service component” or “component” means a
 2664  discrete operational entity within a service provider which is
 2665  subject to licensing as defined by rule. Service components
 2666  include prevention, intervention, and clinical treatment
 2667  described in subsection (24) (22).
 2668         Section 20. Section 397.675, Florida Statutes, is amended
 2669  to read:
 2670         397.675 Criteria for involuntary admissions, including
 2671  protective custody, emergency admission, and other involuntary
 2672  assessment, involuntary treatment, and alternative involuntary
 2673  assessment for minors, for purposes of assessment and
 2674  stabilization, and for involuntary treatment.—A person meets the
 2675  criteria for involuntary admission if there is good faith reason
 2676  to believe that the person has a substance abuse or co-occurring
 2677  mental health disorder is substance abuse impaired and, because
 2678  of such disorder impairment:
 2679         (1) Has lost the power of self-control with respect to
 2680  substance abuse use; and either
 2681         (2)(a) Has inflicted, or threatened or attempted to
 2682  inflict, or unless admitted is likely to inflict, physical harm
 2683  on himself or herself or another; or
 2684         (b) Is in need of substance abuse services and, by reason
 2685  of substance abuse impairment, his or her judgment has been so
 2686  impaired that he or she the person is incapable of appreciating
 2687  his or her need for such services and of making a rational
 2688  decision in that regard, although thereto; however, mere refusal
 2689  to receive such services does not constitute evidence of lack of
 2690  judgment with respect to his or her need for such services.
 2691         (b) Without care or treatment, is likely to suffer from
 2692  neglect or to refuse to care for himself or herself, that such
 2693  neglect or refusal poses a real and present threat of
 2694  substantial harm to his or her well-being and that it is not
 2695  apparent that such harm may be avoided through the help of
 2696  willing family members or friends or the provision of other
 2697  services, or there is substantial likelihood that the person has
 2698  inflicted, or threatened to or attempted to inflict, or, unless
 2699  admitted, is likely to inflict, physical harm on himself,
 2700  herself, or another.
 2701         Section 21. Section 397.679, Florida Statutes, is amended
 2702  to read:
 2703         397.679 Emergency admission; circumstances justifying.—A
 2704  person who meets the criteria for involuntary admission in s.
 2705  397.675 may be admitted to a hospital or to a licensed
 2706  detoxification facility or addictions receiving facility for
 2707  emergency assessment and stabilization, or to a less intensive
 2708  component of a licensed service provider for assessment only,
 2709  upon receipt by the facility of a the physician’s certificate by
 2710  a physician, an advanced registered nurse practitioner, a
 2711  clinical psychologist, a licensed clinical social worker, a
 2712  licensed marriage and family therapist, a licensed mental health
 2713  counselor, a physician assistant working under the scope of
 2714  practice of the supervising physician, or a master’s-level
 2715  certified addictions professional, if the certificate is
 2716  specific to substance abuse disorders, and the completion of an
 2717  application for emergency admission.
 2718         Section 22. Section 397.6791, Florida Statutes, is amended
 2719  to read:
 2720         397.6791 Emergency admission; persons who may initiate.—The
 2721  following professionals persons may request a certificate for an
 2722  emergency assessment or admission:
 2723         (1) In the case of an adult, physicians, advanced
 2724  registered nurse practitioners, clinical psychologists, licensed
 2725  clinical social workers, licensed marriage and family
 2726  therapists, licensed mental health counselors, physician
 2727  assistants working under the scope of practice of the
 2728  supervising physician, and a master’s-level-certified addictions
 2729  professional, if the certificate is specific to substance abuse
 2730  disorders the certifying physician, the person’s spouse or legal
 2731  guardian, any relative of the person, or any other responsible
 2732  adult who has personal knowledge of the person’s substance abuse
 2733  impairment.
 2734         (2) In the case of a minor, the minor’s parent, legal
 2735  guardian, or legal custodian.
 2736         Section 23. Section 397.6793, Florida Statutes, is amended
 2737  to read:
 2738         397.6793 Professional’s Physician’s certificate for
 2739  emergency admission.—
 2740         (1) The professional’s physician’s certificate must include
 2741  the name of the person to be admitted, the relationship between
 2742  the person and the professional executing the certificate
 2743  physician, the relationship between the applicant and the
 2744  professional physician, any relationship between the
 2745  professional physician and the licensed service provider, and a
 2746  statement that the person has been examined and assessed within
 2747  the preceding 5 days of the application date, and must include
 2748  factual allegations with respect to the need for emergency
 2749  admission, including:
 2750         (a) The reason for the physician’s belief that the person
 2751  is substance abuse impaired; and
 2752         (b) The reason for the physician’s belief that because of
 2753  such impairment the person has lost the power of self-control
 2754  with respect to substance abuse; and either
 2755         (c)1. The reason for the belief physician believes that,
 2756  without care or treatment, the person is likely to suffer from
 2757  neglect or refuse to care for himself or herself; that such
 2758  neglect or refusal poses a real and present threat of
 2759  substantial harm to his or her well-being; and that it is not
 2760  apparent that such harm may be avoided through the help of
 2761  willing family members or friends or the provision of other
 2762  services or there is substantial likelihood that the person has
 2763  inflicted or is likely to inflict physical harm on himself or
 2764  herself or others unless admitted; or
 2765         2. The reason for the belief physician believes that the
 2766  person’s refusal to voluntarily receive care is based on
 2767  judgment so impaired by reason of substance abuse that the
 2768  person is incapable of appreciating his or her need for care and
 2769  of making a rational decision regarding his or her need for
 2770  care.
 2771         (2) The professional’s physician’s certificate must
 2772  recommend the least restrictive type of service that is
 2773  appropriate for the person. The certificate must be signed by
 2774  the professional physician. If other less restrictive means are
 2775  not available, such as voluntary appearance for outpatient
 2776  evaluation, a law enforcement officer shall take the person
 2777  named in the certificate into custody and deliver him or her to
 2778  the appropriate facility for involuntary examination.
 2779         (3) A signed copy of the professional’s physician’s
 2780  certificate shall accompany the person, and shall be made a part
 2781  of the person’s clinical record, together with a signed copy of
 2782  the application. The application and the professional’s
 2783  physician’s certificate authorize the involuntary admission of
 2784  the person pursuant to, and subject to the provisions of, ss.
 2785  397.679-397.6797.
 2786         (4) The professional’s certificate is valid for 7 days
 2787  after issuance.
 2788         (5)The professional’s physician’s certificate must
 2789  indicate whether the person requires transportation assistance
 2790  for delivery for emergency admission and specify, pursuant to s.
 2791  397.6795, the type of transportation assistance necessary.
 2792         Section 24. Section 397.6795, Florida Statutes, is amended
 2793  to read:
 2794         397.6795 Transportation-assisted delivery of persons for
 2795  emergency assessment.—An applicant for a person’s emergency
 2796  admission, or the person’s spouse or guardian, or a law
 2797  enforcement officer, or a health officer may deliver a person
 2798  named in the professional’s physician’s certificate for
 2799  emergency admission to a hospital or a licensed detoxification
 2800  facility or addictions receiving facility for emergency
 2801  assessment and stabilization.
 2802         Section 25. Subsection (1) of section 397.681, Florida
 2803  Statutes, is amended to read:
 2804         397.681 Involuntary petitions; general provisions; court
 2805  jurisdiction and right to counsel.—
 2806         (1) JURISDICTION.—The courts have jurisdiction of
 2807  involuntary assessment and stabilization petitions and
 2808  involuntary treatment petitions for substance abuse impaired
 2809  persons, and such petitions must be filed with the clerk of the
 2810  court in the county where the person is located. The clerk of
 2811  the court may not charge a fee for the filing of a petition
 2812  under this section. The chief judge may appoint a general or
 2813  special magistrate to preside over all or part of the
 2814  proceedings. The alleged impaired person is named as the
 2815  respondent.
 2816         Section 26. Subsection (1) of section 397.6811, Florida
 2817  Statutes, is amended to read:
 2818         397.6811 Involuntary assessment and stabilization.—A person
 2819  determined by the court to appear to meet the criteria for
 2820  involuntary admission under s. 397.675 may be admitted for a
 2821  period of 5 days to a hospital or to a licensed detoxification
 2822  facility or addictions receiving facility, for involuntary
 2823  assessment and stabilization or to a less restrictive component
 2824  of a licensed service provider for assessment only upon entry of
 2825  a court order or upon receipt by the licensed service provider
 2826  of a petition. Involuntary assessment and stabilization may be
 2827  initiated by the submission of a petition to the court.
 2828         (1) If the person upon whose behalf the petition is being
 2829  filed is an adult, a petition for involuntary assessment and
 2830  stabilization may be filed by the respondent’s spouse, or legal
 2831  guardian, any relative, a private practitioner, the director of
 2832  a licensed service provider or the director’s designee, or any
 2833  individual three adults who has direct have personal knowledge
 2834  of the respondent’s substance abuse impairment.
 2835         Section 27. Section 397.6814, Florida Statutes, is amended
 2836  to read:
 2837         397.6814 Involuntary assessment and stabilization; contents
 2838  of petition.—A petition for involuntary assessment and
 2839  stabilization must contain the name of the respondent,; the name
 2840  of the applicant or applicants,; the relationship between the
 2841  respondent and the applicant, and; the name of the respondent’s
 2842  attorney, if known, and a statement of the respondent’s ability
 2843  to afford an attorney; and must state facts to support the need
 2844  for involuntary assessment and stabilization, including:
 2845         (1) The reason for the petitioner’s belief that the
 2846  respondent is substance abuse impaired; and
 2847         (2) The reason for the petitioner’s belief that because of
 2848  such impairment the respondent has lost the power of self
 2849  control with respect to substance abuse; and either
 2850         (3)(a) The reason the petitioner believes that the
 2851  respondent has inflicted or is likely to inflict physical harm
 2852  on himself or herself or others unless admitted; or
 2853         (b) The reason the petitioner believes that the
 2854  respondent’s refusal to voluntarily receive care is based on
 2855  judgment so impaired by reason of substance abuse that the
 2856  respondent is incapable of appreciating his or her need for care
 2857  and of making a rational decision regarding that need for care.
 2858  If the respondent has refused to submit to an assessment, such
 2859  refusal must be alleged in the petition.
 2860  
 2861  A fee may not be charged for the filing of a petition pursuant
 2862  to this section.
 2863         Section 28. Section 397.6819, Florida Statutes, is amended
 2864  to read:
 2865         397.6819 Involuntary assessment and stabilization;
 2866  responsibility of licensed service provider.—
 2867         (1) A licensed service provider may admit an individual for
 2868  involuntary assessment and stabilization for a period not to
 2869  exceed 5 days unless a petition has been filed pursuant to s.
 2870  397.6821 or s. 397.6822. The individual must be assessed within
 2871  72 hours without unnecessary delay by a qualified professional.
 2872  If an assessment is performed by a qualified professional who is
 2873  not a physician, the assessment must be reviewed by a physician
 2874  before the end of the assessment period.
 2875         (2) The managing entity must be notified of the
 2876  recommendation for involuntary services so that it may assist in
 2877  locating and providing the requested services, if such services
 2878  are available. The managing entity shall document its efforts to
 2879  obtain the recommended services.
 2880         Section 29. Section 397.695, Florida Statutes, is amended
 2881  to read:
 2882         397.695 Involuntary services treatment; persons who may
 2883  petition.—
 2884         (1)(a) If the respondent is an adult, a petition for
 2885  involuntary services treatment may be filed by the respondent’s
 2886  spouse or legal guardian, any relative, a service provider, or
 2887  any individual three adults who has direct have personal
 2888  knowledge of the respondent’s substance abuse impairment and his
 2889  or her prior course of assessment and treatment.
 2890         (2) If the respondent is a minor, a petition for
 2891  involuntary treatment may be filed by a parent, legal guardian,
 2892  or service provider.
 2893         Section 30. Section 397.6951, Florida Statutes, is amended
 2894  to read:
 2895         397.6951 Contents of petition for involuntary services
 2896  treatment.—A petition for involuntary services treatment must
 2897  contain the name of the respondent to be admitted; the name of
 2898  the petitioner or petitioners; the relationship between the
 2899  respondent and the petitioner; the name of the respondent’s
 2900  attorney, if known, and a statement of the petitioner’s
 2901  knowledge of the respondent’s ability to afford an attorney; the
 2902  findings and recommendations of the assessment performed by the
 2903  qualified professional; and the factual allegations presented by
 2904  the petitioner establishing the need for involuntary outpatient
 2905  services. The factual allegations must demonstrate treatment,
 2906  including:
 2907         (1) The reason for the petitioner’s belief that the
 2908  respondent is substance abuse impaired; and
 2909         (2) The reason for the petitioner’s belief that because of
 2910  such impairment the respondent has lost the power of self
 2911  control with respect to substance abuse; and either
 2912         (3)(a) The reason the petitioner believes that the
 2913  respondent has inflicted or is likely to inflict physical harm
 2914  on himself or herself or others unless the court orders the
 2915  involuntary services admitted; or
 2916         (b) The reason the petitioner believes that the
 2917  respondent’s refusal to voluntarily receive care is based on
 2918  judgment so impaired by reason of substance abuse that the
 2919  respondent is incapable of appreciating his or her need for care
 2920  and of making a rational decision regarding that need for care.
 2921         Section 31. Section 397.6955, Florida Statutes, is amended
 2922  to read:
 2923         397.6955 Duties of court upon filing of petition for
 2924  involuntary services treatment.—
 2925         (1) Upon the filing of a petition for the involuntary
 2926  services for treatment of a substance abuse impaired person with
 2927  the clerk of the court, the court shall immediately determine
 2928  whether the respondent is represented by an attorney or whether
 2929  the appointment of counsel for the respondent is appropriate. If
 2930  the court appoints counsel for the person, the clerk of the
 2931  court shall immediately notify the regional conflict counsel,
 2932  created pursuant to s. 27.511, of the appointment. The regional
 2933  conflict counsel shall represent the person until the petition
 2934  is dismissed, the court order expires, or the person is
 2935  discharged from involuntary services. An attorney that
 2936  represents the person named in the petition shall have access to
 2937  the person, witnesses, and records relevant to the presentation
 2938  of the person’s case and shall represent the interests of the
 2939  person, regardless of the source of payment to the attorney.
 2940         (2) The court shall schedule a hearing to be held on the
 2941  petition within 5 10 days unless a continuance is granted. The
 2942  court may appoint a magistrate to preside at the hearing.
 2943         (3) A copy of the petition and notice of the hearing must
 2944  be provided to the respondent; the respondent’s parent,
 2945  guardian, or legal custodian, in the case of a minor; the
 2946  respondent’s attorney, if known; the petitioner; the
 2947  respondent’s spouse or guardian, if applicable; and such other
 2948  persons as the court may direct. If the respondent is a minor, a
 2949  copy of the petition and notice of the hearing must be and have
 2950  such petition and order personally delivered to the respondent
 2951  if he or she is a minor. The court shall also issue a summons to
 2952  the person whose admission is sought.
 2953         Section 32. Section 397.6957, Florida Statutes, is amended
 2954  to read:
 2955         397.6957 Hearing on petition for involuntary services
 2956  treatment.—
 2957         (1) At a hearing on a petition for involuntary services
 2958  treatment, the court shall hear and review all relevant
 2959  evidence, including the review of results of the assessment
 2960  completed by the qualified professional in connection with the
 2961  respondent’s protective custody, emergency admission,
 2962  involuntary assessment, or alternative involuntary admission.
 2963  The respondent must be present unless the court finds that his
 2964  or her presence is likely to be injurious to himself or herself
 2965  or others, in which event the court must appoint a guardian
 2966  advocate to act in behalf of the respondent throughout the
 2967  proceedings.
 2968         (2) The petitioner has the burden of proving by clear and
 2969  convincing evidence that:
 2970         (a) The respondent is substance abuse impaired and has a
 2971  history of lack of compliance with treatment for substance
 2972  abuse;, and
 2973         (b) Because of such impairment the respondent is unlikely
 2974  to voluntarily participate in the recommended services or is
 2975  unable to determine for himself or herself whether services are
 2976  necessary the respondent has lost the power of self-control with
 2977  respect to substance abuse; and: either
 2978         1. Without services, the respondent is likely to suffer
 2979  from neglect or to refuse to care for himself or herself; that
 2980  such neglect or refusal poses a real and present threat of
 2981  substantial harm to his or her well-being; and that there is a
 2982  substantial likelihood that without services the respondent will
 2983  cause serious bodily harm to himself or herself or others in the
 2984  near future, as evidenced by recent behavior The respondent has
 2985  inflicted or is likely to inflict physical harm on himself or
 2986  herself or others unless admitted; or
 2987         2. The respondent’s refusal to voluntarily receive care is
 2988  based on judgment so impaired by reason of substance abuse that
 2989  the respondent is incapable of appreciating his or her need for
 2990  care and of making a rational decision regarding that need for
 2991  care.
 2992         (3) One of the qualified professionals who executed the
 2993  involuntary services certificate must be a witness. The court
 2994  shall allow testimony from individuals, including family
 2995  members, deemed by the court to be relevant under state law,
 2996  regarding the respondent’s prior history and how that prior
 2997  history relates to the person’s current condition. The testimony
 2998  in the hearing must be under oath, and the proceedings must be
 2999  recorded. The patient may refuse to testify at the hearing.
 3000         (4)(3) At the conclusion of the hearing the court shall
 3001  either dismiss the petition or order the respondent to receive
 3002  undergo involuntary services from his or her substance abuse
 3003  treatment, with the respondent’s chosen licensed service
 3004  provider if to deliver the involuntary substance abuse treatment
 3005  where possible and appropriate.
 3006         Section 33. Section 397.697, Florida Statutes, is amended
 3007  to read:
 3008         397.697 Court determination; effect of court order for
 3009  involuntary services substance abuse treatment.—
 3010         (1) When the court finds that the conditions for
 3011  involuntary services substance abuse treatment have been proved
 3012  by clear and convincing evidence, it may order the respondent to
 3013  receive undergo involuntary services from treatment by a
 3014  licensed service provider for a period not to exceed 90 60 days.
 3015  The court may order a respondent to undergo treatment through a
 3016  privately funded licensed service provider if the respondent has
 3017  the ability to pay for the treatment, or if any person on the
 3018  respondent’s behalf voluntarily demonstrates a willingness and
 3019  an ability to pay for the treatment. If the court finds it
 3020  necessary, it may direct the sheriff to take the respondent into
 3021  custody and deliver him or her to the licensed service provider
 3022  specified in the court order, or to the nearest appropriate
 3023  licensed service provider, for involuntary services treatment.
 3024  When the conditions justifying involuntary services treatment no
 3025  longer exist, the individual must be released as provided in s.
 3026  397.6971. When the conditions justifying involuntary services
 3027  treatment are expected to exist after 90 60 days of services
 3028  treatment, a renewal of the involuntary services treatment order
 3029  may be requested pursuant to s. 397.6975 before prior to the end
 3030  of the 90 60-day period.
 3031         (2) In all cases resulting in an order for involuntary
 3032  services substance abuse treatment, the court shall retain
 3033  jurisdiction over the case and the parties for the entry of such
 3034  further orders as the circumstances may require. The court’s
 3035  requirements for notification of proposed release must be
 3036  included in the original treatment order.
 3037         (3) An involuntary services treatment order authorizes the
 3038  licensed service provider to require the individual to receive
 3039  services that undergo such treatment as will benefit him or her,
 3040  including services treatment at any licensable service component
 3041  of a licensed service provider.
 3042         (4) If the court orders involuntary services, a copy of the
 3043  order must be sent to the managing entity within 1 working day
 3044  after it is received from the court. Documents may be submitted
 3045  electronically though existing data systems, if applicable.
 3046         Section 34. Section 397.6971, Florida Statutes, is amended
 3047  to read:
 3048         397.6971 Early release from involuntary services substance
 3049  abuse treatment.—
 3050         (1) At any time before prior to the end of the 90 60-day
 3051  involuntary services treatment period, or prior to the end of
 3052  any extension granted pursuant to s. 397.6975, an individual
 3053  receiving admitted for involuntary services treatment may be
 3054  determined eligible for discharge to the most appropriate
 3055  referral or disposition for the individual when any of the
 3056  following apply:
 3057         (a) The individual no longer meets the criteria for
 3058  involuntary admission and has given his or her informed consent
 3059  to be transferred to voluntary treatment status.;
 3060         (b) If the individual was admitted on the grounds of
 3061  likelihood of infliction of physical harm upon himself or
 3062  herself or others, such likelihood no longer exists.; or
 3063         (c) If the individual was admitted on the grounds of need
 3064  for assessment and stabilization or treatment, accompanied by
 3065  inability to make a determination respecting such need, either:
 3066         1. Such inability no longer exists; or
 3067         2. It is evident that further treatment will not bring
 3068  about further significant improvements in the individual’s
 3069  condition.;
 3070         (d) The individual is no longer in need of services.; or
 3071         (e) The director of the service provider determines that
 3072  the individual is beyond the safe management capabilities of the
 3073  provider.
 3074         (2) Whenever a qualified professional determines that an
 3075  individual admitted for involuntary services qualifies treatment
 3076  is ready for early release under for any of the reasons listed
 3077  in subsection (1), the service provider shall immediately
 3078  discharge the individual, and must notify all persons specified
 3079  by the court in the original treatment order.
 3080         Section 35. Section 397.6975, Florida Statutes, is amended
 3081  to read:
 3082         397.6975 Extension of involuntary services substance abuse
 3083  treatment period.—
 3084         (1) Whenever a service provider believes that an individual
 3085  who is nearing the scheduled date of his or her release from
 3086  involuntary services treatment continues to meet the criteria
 3087  for involuntary services treatment in s. 397.693, a petition for
 3088  renewal of the involuntary services treatment order may be filed
 3089  with the court at least 10 days before the expiration of the
 3090  court-ordered services treatment period. The court shall
 3091  immediately schedule a hearing to be held not more than 15 days
 3092  after filing of the petition. The court shall provide the copy
 3093  of the petition for renewal and the notice of the hearing to all
 3094  parties to the proceeding. The hearing is conducted pursuant to
 3095  s. 397.6957.
 3096         (2) If the court finds that the petition for renewal of the
 3097  involuntary services treatment order should be granted, it may
 3098  order the respondent to receive undergo involuntary services
 3099  treatment for a period not to exceed an additional 90 days. When
 3100  the conditions justifying involuntary services treatment no
 3101  longer exist, the individual must be released as provided in s.
 3102  397.6971. When the conditions justifying involuntary services
 3103  treatment continue to exist after an additional 90 days of
 3104  service additional treatment, a new petition requesting renewal
 3105  of the involuntary services treatment order may be filed
 3106  pursuant to this section.
 3107         (3) Within 1 court working day after the filing of a
 3108  petition for continued involuntary services, the court shall
 3109  appoint the regional conflict counsel to represent the
 3110  respondent, unless the respondent is otherwise represented by
 3111  counsel. The clerk of the court shall immediately notify the
 3112  regional conflict counsel of such appointment. The regional
 3113  conflict counsel shall represent the respondent until the
 3114  petition is dismissed or the court order expires or the
 3115  respondent is discharged from involuntary services. Any attorney
 3116  representing the respondent shall have access to the respondent,
 3117  witnesses, and records relevant to the presentation of the
 3118  respondent’s case and shall represent the interests of the
 3119  respondent, regardless of the source of payment to the attorney.
 3120         (4) Hearings on petitions for continued involuntary
 3121  services shall be before the circuit court. The court may
 3122  appoint a magistrate to preside at the hearing. The procedures
 3123  for obtaining an order pursuant to this section shall be in
 3124  accordance with s. 397.697.
 3125         (5) Notice of hearing shall be provided to the respondent
 3126  or his or her counsel. The respondent and the respondent’s
 3127  counsel may agree to a period of continued involuntary services
 3128  without a court hearing.
 3129         (6) The same procedure shall be repeated before the
 3130  expiration of each additional period of involuntary services.
 3131         (7) If the respondent has previously been found incompetent
 3132  to consent to treatment, the court shall consider testimony and
 3133  evidence regarding the respondent’s competence.
 3134         Section 36. Section 397.6977, Florida Statutes, is amended
 3135  to read:
 3136         397.6977 Disposition of individual upon completion of
 3137  involuntary services substance abuse treatment.—At the
 3138  conclusion of the 90 60-day period of court-ordered involuntary
 3139  services treatment, the respondent individual is automatically
 3140  discharged unless a motion for renewal of the involuntary
 3141  services treatment order has been filed with the court pursuant
 3142  to s. 397.6975.
 3143         Section 37. Section 397.6978, Florida Statutes, is created
 3144  to read:
 3145         397.6978 Guardian advocate; patient incompetent to consent;
 3146  substance abuse disorder.
 3147         (1) The administrator of a receiving facility or addictions
 3148  receiving facility may petition the court for the appointment of
 3149  a guardian advocate based upon the opinion of a qualified
 3150  professional that the patient is incompetent to consent to
 3151  treatment. If the court finds that a patient is incompetent to
 3152  consent to treatment and has not been adjudicated incapacitated
 3153  and that a guardian with the authority to consent to mental
 3154  health treatment has not been appointed, it may appoint a
 3155  guardian advocate. The patient has the right to have an attorney
 3156  represent him or her at the hearing. If the person is indigent,
 3157  the court shall appoint the office of the regional conflict
 3158  counsel to represent him or her at the hearing. The patient has
 3159  the right to testify, cross-examine witnesses, and present
 3160  witnesses. The proceeding shall be recorded electronically or
 3161  stenographically, and testimony must be provided under oath. One
 3162  of the qualified professionals authorized to give an opinion in
 3163  support of a petition for involuntary placement, as described in
 3164  s. 397.675 or s. 397.6981, must testify. A guardian advocate
 3165  must meet the qualifications of a guardian contained in part IV
 3166  of chapter 744. The person who is appointed as a guardian
 3167  advocate must agree to the appointment.
 3168         (2) The following persons are prohibited from appointment
 3169  as a patient’s guardian advocate:
 3170         (a) A professional providing clinical services to the
 3171  individual under this part.
 3172         (b) The qualified professional who initiated the
 3173  involuntary examination of the individual, if the examination
 3174  was initiated by a qualified professional’s certificate.
 3175         (c) An employee, an administrator, or a board member of the
 3176  facility providing the examination of the individual.
 3177         (d) An employee, an administrator, or a board member of the
 3178  treatment facility providing treatment of the individual.
 3179         (e) A person providing any substantial professional
 3180  services, excluding public guardians or professional guardians,
 3181  to the individual, including clinical services.
 3182         (f) A creditor of the individual.
 3183         (g) A person subject to an injunction for protection
 3184  against domestic violence under s. 741.30, whether the order of
 3185  injunction is temporary or final, and for which the individual
 3186  was the petitioner.
 3187         (h) A person subject to an injunction for protection
 3188  against repeat violence, stalking, sexual violence, or dating
 3189  violence under s. 784.046, whether the order of injunction is
 3190  temporary or final, and for which the individual was the
 3191  petitioner.
 3192         (3) A facility requesting appointment of a guardian
 3193  advocate must, before the appointment, provide the prospective
 3194  guardian advocate with information about the duties and
 3195  responsibilities of guardian advocates, including information
 3196  about the ethics of medical decision-making. Before asking a
 3197  guardian advocate to give consent to treatment for a patient,
 3198  the facility must provide to the guardian advocate sufficient
 3199  information so that the guardian advocate can decide whether to
 3200  give express and informed consent to the treatment. Such
 3201  information must include information that demonstrates that the
 3202  treatment is essential to the care of the patient and does not
 3203  present an unreasonable risk of serious, hazardous, or
 3204  irreversible side effects. If possible, before giving consent to
 3205  treatment, the guardian advocate must personally meet and talk
 3206  with the patient and the patient’s physician. If that is not
 3207  possible, the discussion may be conducted by telephone. The
 3208  decision of the guardian advocate may be reviewed by the court,
 3209  upon petition of the patient’s attorney, the patient’s family,
 3210  or the facility administrator.
 3211         (4) In lieu of the training required for guardians
 3212  appointed pursuant to chapter 744, a guardian advocate shall
 3213  attend at least a 4-hour training course approved by the court
 3214  before exercising his or her authority. At a minimum, the
 3215  training course must include information about patient rights,
 3216  the diagnosis of substance abuse disorders, the ethics of
 3217  medical decision-making, and the duties of guardian advocates.
 3218         (5) The required training course and the information to be
 3219  supplied to prospective guardian advocates before their
 3220  appointment must be developed by the department, approved by the
 3221  chief judge of the circuit court, and taught by a court-approved
 3222  organization, which may include, but need not be limited to, a
 3223  community college, a guardianship organization, a local bar
 3224  association, or The Florida Bar. The training course may be web
 3225  based, provided in video format, or other electronic means but
 3226  must be capable of ensuring the identity and participation of
 3227  the prospective guardian advocate. The court may waive some or
 3228  all of the training requirements for guardian advocates or
 3229  impose additional requirements. The court shall make its
 3230  decision on a case-by-case basis and, in making its decision,
 3231  shall consider the experience and education of the guardian
 3232  advocate, the duties assigned to the guardian advocate, and the
 3233  needs of the patient.
 3234         (6) In selecting a guardian advocate, the court shall give
 3235  preference to the patient’s health care surrogate, if one has
 3236  already been designated by the patient. If the patient has not
 3237  previously designated a health care surrogate, the selection
 3238  shall be made, except for good cause documented in the court
 3239  record, from among the following persons, listed in order of
 3240  priority:
 3241         (a) The patient’s spouse.
 3242         (b) An adult child of the patient.
 3243         (c) A parent of the patient.
 3244         (d) The adult next of kin of the patient.
 3245         (e) An adult friend of the patient.
 3246         (f) An adult trained and willing to serve as the guardian
 3247  advocate for the patient.
 3248         (7) If a guardian with the authority to consent to medical
 3249  treatment has not already been appointed, or if the patient has
 3250  not already designated a health care surrogate, the court may
 3251  authorize the guardian advocate to consent to medical treatment
 3252  as well as substance abuse disorder treatment. Unless otherwise
 3253  limited by the court, a guardian advocate with authority to
 3254  consent to medical treatment has the same authority to make
 3255  health care decisions and is subject to the same restrictions as
 3256  a proxy appointed under part IV of chapter 765. Unless the
 3257  guardian advocate has sought and received express court approval
 3258  in a proceeding separate from the proceeding to determine the
 3259  competence of the patient to consent to medical treatment, the
 3260  guardian advocate may not consent to:
 3261         (a) Abortion.
 3262         (b) Sterilization.
 3263         (c) Electroshock therapy.
 3264         (d) Psychosurgery.
 3265         (e) Experimental treatments that have not been approved by
 3266  a federally approved institutional review board in accordance
 3267  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 3268  
 3269  The court must base its authorization on evidence that the
 3270  treatment or procedure is essential to the care of the patient
 3271  and that the treatment does not present an unreasonable risk of
 3272  serious, hazardous, or irreversible side effects. In complying
 3273  with this subsection, the court shall follow the procedures set
 3274  forth in subsection (1).
 3275         (8) The guardian advocate shall be discharged when the
 3276  patient is discharged from an order for involuntary services or
 3277  when the patient is transferred from involuntary to voluntary
 3278  status. The court or a hearing officer shall consider the
 3279  competence of the patient as provided in subsection (1) and may
 3280  consider an involuntarily placed patient’s competence to consent
 3281  to services at any hearing. Upon sufficient evidence, the court
 3282  may restore, or the magistrate may recommend that the court
 3283  restore, the patient’s competence. A copy of the order restoring
 3284  competence or the certificate of discharge containing the
 3285  restoration of competence shall be provided to the patient and
 3286  the guardian advocate.
 3287         Section 38. Present paragraphs (d) through (m) of
 3288  subsection (2) of section 409.967, are redesignated as
 3289  paragraphs (e) through (n), respectively, and a new paragraph
 3290  (d) is added to that subsection, to read:
 3291         409.967 Managed care plan accountability.—
 3292         (2) The agency shall establish such contract requirements
 3293  as are necessary for the operation of the statewide managed care
 3294  program. In addition to any other provisions the agency may deem
 3295  necessary, the contract must require:
 3296         (d) Quality care.—Managed care plans shall provide, or
 3297  contract for the provision of, care coordination to facilitate
 3298  the appropriate delivery of behavioral health care services in
 3299  the least restrictive setting with treatment and recovery
 3300  capabilities that address the needs of the patient. Services
 3301  shall be provided in a manner that integrates behavioral health
 3302  services and primary care. Plans shall be required to achieve
 3303  specific behavioral health outcome standards, established by the
 3304  agency in consultation with the department.
 3305         Section 39. Subsection (5) is added to section 409.973,
 3306  Florida Statutes, to read:
 3307         409.973 Benefits.—
 3308         (5) INTEGRATED BEHAVIORAL HEALTH INITIATIVE.—Each plan
 3309  operating in the managed medical assistance program shall work
 3310  with the managing entity in its service area to establish
 3311  specific organizational supports and protocols that enhance the
 3312  integration and coordination of primary care and behavioral
 3313  health services for Medicaid recipients. Progress in this
 3314  initiative shall be measured using the integration framework and
 3315  core measures developed by the Agency for Healthcare Research
 3316  and Quality.
 3317         Section 40. Section 491.0045, Florida Statutes, is amended
 3318  to read:
 3319         491.0045 Intern registration; requirements.—
 3320         (1) Effective January 1, 1998, An individual who has not
 3321  satisfied intends to practice in Florida to satisfy the
 3322  postgraduate or post-master’s level experience requirements, as
 3323  specified in s. 491.005(1)(c), (3)(c), or (4)(c), must register
 3324  as an intern in the profession for which he or she is seeking
 3325  licensure prior to commencing the post-master’s experience
 3326  requirement or an individual who intends to satisfy part of the
 3327  required graduate-level practicum, internship, or field
 3328  experience, outside the academic arena for any profession, must
 3329  register as an intern in the profession for which he or she is
 3330  seeking licensure prior to commencing the practicum, internship,
 3331  or field experience.
 3332         (2) The department shall register as a clinical social
 3333  worker intern, marriage and family therapist intern, or mental
 3334  health counselor intern each applicant who the board certifies
 3335  has:
 3336         (a) Completed the application form and remitted a
 3337  nonrefundable application fee not to exceed $200, as set by
 3338  board rule;
 3339         (b)1. Completed the education requirements as specified in
 3340  s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
 3341  he or she is applying for licensure, if needed; and
 3342         2. Submitted an acceptable supervision plan, as determined
 3343  by the board, for meeting the practicum, internship, or field
 3344  work required for licensure that was not satisfied in his or her
 3345  graduate program.
 3346         (c) Identified a qualified supervisor.
 3347         (3) An individual registered under this section must remain
 3348  under supervision while practicing under registered intern
 3349  status until he or she is in receipt of a license or a letter
 3350  from the department stating that he or she is licensed to
 3351  practice the profession for which he or she applied.
 3352         (4) An individual who has applied for intern registration
 3353  on or before December 31, 2001, and has satisfied the education
 3354  requirements of s. 491.005 that are in effect through December
 3355  31, 2000, will have met the educational requirements for
 3356  licensure for the profession for which he or she has applied.
 3357         (4)(5)An individual who fails Individuals who have
 3358  commenced the experience requirement as specified in s.
 3359  491.005(1)(c), (3)(c), or (4)(c) but failed to register as
 3360  required by subsection (1) shall register with the department
 3361  before January 1, 2000. Individuals who fail to comply with this
 3362  section may subsection shall not be granted a license under this
 3363  chapter, and any time spent by the individual completing the
 3364  experience requirement as specified in s. 491.005(1)(c), (3)(c),
 3365  or (4)(c) before prior to registering as an intern does shall
 3366  not count toward completion of the such requirement.
 3367         (5) An intern registration is valid for 5 years.
 3368         (6) A registration issued on or before March 31, 2017,
 3369  expires March 31, 2022, and may not be renewed or reissued. Any
 3370  registration issued after March 31, 2017, expires 60 months
 3371  after the date it is issued. A subsequent intern registration
 3372  may not be issued unless the candidate has passed the theory and
 3373  practice examination described in s. 491.005(1)(d), (3)(d), and
 3374  (4)(d).
 3375         (7) An individual who has held a provisional license issued
 3376  by the board may not apply for an intern registration in the
 3377  same profession.
 3378         Section 41. Section 394.4674, Florida Statutes, is
 3379  repealed.
 3380         Section 42. Section 394.4985, Florida Statutes, is
 3381  repealed.
 3382         Section 43. Section 394.745, Florida Statutes, is repealed.
 3383         Section 44. Section 397.331, Florida Statutes, is repealed.
 3384         Section 45. Section 397.801, Florida Statutes, is repealed.
 3385         Section 46. Section 397.811, Florida Statutes, is repealed.
 3386         Section 47. Section 397.821, Florida Statutes, is repealed.
 3387         Section 48. Section 397.901, Florida Statutes, is repealed.
 3388         Section 49. Section 397.93, Florida Statutes, is repealed.
 3389         Section 50. Section 397.94, Florida Statutes, is repealed.
 3390         Section 51. Section 397.951, Florida Statutes, is repealed.
 3391         Section 52. Section 397.97, Florida Statutes, is repealed.
 3392         Section 53. Section 397.98, Florida Statutes, is repealed.
 3393         Section 54. Paragraph (a) of subsection (3) of section
 3394  39.407, Florida Statutes, is amended to read:
 3395         39.407 Medical, psychiatric, and psychological examination
 3396  and treatment of child; physical, mental, or substance abuse
 3397  examination of person with or requesting child custody.—
 3398         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 3399  or paragraph (e), before the department provides psychotropic
 3400  medications to a child in its custody, the prescribing physician
 3401  shall attempt to obtain express and informed consent, as defined
 3402  in s. 394.455(16) s. 394.455(9) and as described in s.
 3403  394.459(3)(a), from the child’s parent or legal guardian. The
 3404  department must take steps necessary to facilitate the inclusion
 3405  of the parent in the child’s consultation with the physician.
 3406  However, if the parental rights of the parent have been
 3407  terminated, the parent’s location or identity is unknown or
 3408  cannot reasonably be ascertained, or the parent declines to give
 3409  express and informed consent, the department may, after
 3410  consultation with the prescribing physician, seek court
 3411  authorization to provide the psychotropic medications to the
 3412  child. Unless parental rights have been terminated and if it is
 3413  possible to do so, the department shall continue to involve the
 3414  parent in the decisionmaking process regarding the provision of
 3415  psychotropic medications. If, at any time, a parent whose
 3416  parental rights have not been terminated provides express and
 3417  informed consent to the provision of a psychotropic medication,
 3418  the requirements of this section that the department seek court
 3419  authorization do not apply to that medication until such time as
 3420  the parent no longer consents.
 3421         2. Any time the department seeks a medical evaluation to
 3422  determine the need to initiate or continue a psychotropic
 3423  medication for a child, the department must provide to the
 3424  evaluating physician all pertinent medical information known to
 3425  the department concerning that child.
 3426         Section 55. Paragraph (e) of subsection (5) of section
 3427  212.055, Florida Statutes, is amended to read:
 3428         212.055 Discretionary sales surtaxes; legislative intent;
 3429  authorization and use of proceeds.—It is the legislative intent
 3430  that any authorization for imposition of a discretionary sales
 3431  surtax shall be published in the Florida Statutes as a
 3432  subsection of this section, irrespective of the duration of the
 3433  levy. Each enactment shall specify the types of counties
 3434  authorized to levy; the rate or rates which may be imposed; the
 3435  maximum length of time the surtax may be imposed, if any; the
 3436  procedure which must be followed to secure voter approval, if
 3437  required; the purpose for which the proceeds may be expended;
 3438  and such other requirements as the Legislature may provide.
 3439  Taxable transactions and administrative procedures shall be as
 3440  provided in s. 212.054.
 3441         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
 3442  s. 125.011(1) may levy the surtax authorized in this subsection
 3443  pursuant to an ordinance either approved by extraordinary vote
 3444  of the county commission or conditioned to take effect only upon
 3445  approval by a majority vote of the electors of the county voting
 3446  in a referendum. In a county as defined in s. 125.011(1), for
 3447  the purposes of this subsection, “county public general
 3448  hospital” means a general hospital as defined in s. 395.002
 3449  which is owned, operated, maintained, or governed by the county
 3450  or its agency, authority, or public health trust.
 3451         (e) A governing board, agency, or authority shall be
 3452  chartered by the county commission upon this act becoming law.
 3453  The governing board, agency, or authority shall adopt and
 3454  implement a health care plan for indigent health care services.
 3455  The governing board, agency, or authority shall consist of no
 3456  more than seven and no fewer than five members appointed by the
 3457  county commission. The members of the governing board, agency,
 3458  or authority shall be at least 18 years of age and residents of
 3459  the county. No member may be employed by or affiliated with a
 3460  health care provider or the public health trust, agency, or
 3461  authority responsible for the county public general hospital.
 3462  The following community organizations shall each appoint a
 3463  representative to a nominating committee: the South Florida
 3464  Hospital and Healthcare Association, the Miami-Dade County
 3465  Public Health Trust, the Dade County Medical Association, the
 3466  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
 3467  County. This committee shall nominate between 10 and 14 county
 3468  citizens for the governing board, agency, or authority. The
 3469  slate shall be presented to the county commission and the county
 3470  commission shall confirm the top five to seven nominees,
 3471  depending on the size of the governing board. Until such time as
 3472  the governing board, agency, or authority is created, the funds
 3473  provided for in subparagraph (d)2. shall be placed in a
 3474  restricted account set aside from other county funds and not
 3475  disbursed by the county for any other purpose.
 3476         1. The plan shall divide the county into a minimum of four
 3477  and maximum of six service areas, with no more than one
 3478  participant hospital per service area. The county public general
 3479  hospital shall be designated as the provider for one of the
 3480  service areas. Services shall be provided through participants’
 3481  primary acute care facilities.
 3482         2. The plan and subsequent amendments to it shall fund a
 3483  defined range of health care services for both indigent persons
 3484  and the medically poor, including primary care, preventive care,
 3485  hospital emergency room care, and hospital care necessary to
 3486  stabilize the patient. For the purposes of this section,
 3487  “stabilization” means stabilization as defined in s. 397.311(43)
 3488  s. 397.311(41). Where consistent with these objectives, the plan
 3489  may include services rendered by physicians, clinics, community
 3490  hospitals, and alternative delivery sites, as well as at least
 3491  one regional referral hospital per service area. The plan shall
 3492  provide that agreements negotiated between the governing board,
 3493  agency, or authority and providers shall recognize hospitals
 3494  that render a disproportionate share of indigent care, provide
 3495  other incentives to promote the delivery of charity care to draw
 3496  down federal funds where appropriate, and require cost
 3497  containment, including, but not limited to, case management.
 3498  From the funds specified in subparagraphs (d)1. and 2. for
 3499  indigent health care services, service providers shall receive
 3500  reimbursement at a Medicaid rate to be determined by the
 3501  governing board, agency, or authority created pursuant to this
 3502  paragraph for the initial emergency room visit, and a per-member
 3503  per-month fee or capitation for those members enrolled in their
 3504  service area, as compensation for the services rendered
 3505  following the initial emergency visit. Except for provisions of
 3506  emergency services, upon determination of eligibility,
 3507  enrollment shall be deemed to have occurred at the time services
 3508  were rendered. The provisions for specific reimbursement of
 3509  emergency services shall be repealed on July 1, 2001, unless
 3510  otherwise reenacted by the Legislature. The capitation amount or
 3511  rate shall be determined before prior to program implementation
 3512  by an independent actuarial consultant. In no event shall such
 3513  reimbursement rates exceed the Medicaid rate. The plan must also
 3514  provide that any hospitals owned and operated by government
 3515  entities on or after the effective date of this act must, as a
 3516  condition of receiving funds under this subsection, afford
 3517  public access equal to that provided under s. 286.011 as to any
 3518  meeting of the governing board, agency, or authority the subject
 3519  of which is budgeting resources for the retention of charity
 3520  care, as that term is defined in the rules of the Agency for
 3521  Health Care Administration. The plan shall also include
 3522  innovative health care programs that provide cost-effective
 3523  alternatives to traditional methods of service and delivery
 3524  funding.
 3525         3. The plan’s benefits shall be made available to all
 3526  county residents currently eligible to receive health care
 3527  services as indigents or medically poor as defined in paragraph
 3528  (4)(d).
 3529         4. Eligible residents who participate in the health care
 3530  plan shall receive coverage for a period of 12 months or the
 3531  period extending from the time of enrollment to the end of the
 3532  current fiscal year, per enrollment period, whichever is less.
 3533         5. At the end of each fiscal year, the governing board,
 3534  agency, or authority shall prepare an audit that reviews the
 3535  budget of the plan, delivery of services, and quality of
 3536  services, and makes recommendations to increase the plan’s
 3537  efficiency. The audit shall take into account participant
 3538  hospital satisfaction with the plan and assess the amount of
 3539  poststabilization patient transfers requested, and accepted or
 3540  denied, by the county public general hospital.
 3541         Section 56. Paragraph (c) of subsection (2) of section
 3542  394.4599, Florida Statutes, is amended to read:
 3543         394.4599 Notice.—
 3544         (2) INVOLUNTARY ADMISSION.—
 3545         (c)1. A receiving facility shall give notice of the
 3546  whereabouts of a minor who is being involuntarily held for
 3547  examination pursuant to s. 394.463 to the minor’s parent,
 3548  guardian, caregiver, or guardian advocate, in person or by
 3549  telephone or other form of electronic communication, immediately
 3550  after the minor’s arrival at the facility. The facility may
 3551  delay notification for no more than 24 hours after the minor’s
 3552  arrival if the facility has submitted a report to the central
 3553  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 3554  suspicion of abuse, abandonment, or neglect and if the facility
 3555  deems a delay in notification to be in the minor’s best
 3556  interest.
 3557         2. The receiving facility shall attempt to notify the
 3558  minor’s parent, guardian, caregiver, or guardian advocate until
 3559  the receiving facility receives confirmation from the parent,
 3560  guardian, caregiver, or guardian advocate, verbally, by
 3561  telephone or other form of electronic communication, or by
 3562  recorded message, that notification has been received. Attempts
 3563  to notify the parent, guardian, caregiver, or guardian advocate
 3564  must be repeated at least once every hour during the first 12
 3565  hours after the minor’s arrival and once every 24 hours
 3566  thereafter and must continue until such confirmation is
 3567  received, unless the minor is released at the end of the 72-hour
 3568  examination period, or until a petition for involuntary services
 3569  placement is filed with the court pursuant to s. 394.463(2)(g)
 3570  s. 394.463(2)(i). The receiving facility may seek assistance
 3571  from a law enforcement agency to notify the minor’s parent,
 3572  guardian, caregiver, or guardian advocate if the facility has
 3573  not received within the first 24 hours after the minor’s arrival
 3574  a confirmation by the parent, guardian, caregiver, or guardian
 3575  advocate that notification has been received. The receiving
 3576  facility must document notification attempts in the minor’s
 3577  clinical record.
 3578         Section 57. Subsection (3) of section 394.495, Florida
 3579  Statutes, is amended to read:
 3580         394.495 Child and adolescent mental health system of care;
 3581  programs and services.—
 3582         (3) Assessments must be performed by:
 3583         (a) A professional as defined in s. 394.455(6), (8), (34),
 3584  (37), or (38) s. 394.455(2), (4), (21), (23), or (24);
 3585         (b) A professional licensed under chapter 491; or
 3586         (c) A person who is under the direct supervision of a
 3587  professional as defined in s. 394.455(6), (8), (34), (37), or
 3588  (38) s. 394.455(2), (4), (21), (23), or (24) or a professional
 3589  licensed under chapter 491.
 3590         Section 58. Subsection (5) of section 394.496, Florida
 3591  Statutes, is amended to read:
 3592         394.496 Service planning.—
 3593         (5) A professional as defined in s. 394.455(6), (8), (34),
 3594  (37), or (38) s. 394.455(2), (4), (21), (23), or (24) or a
 3595  professional licensed under chapter 491 must be included among
 3596  those persons developing the services plan.
 3597         Section 59. Subsection (6) of section 394.9085, Florida
 3598  Statutes, is amended to read:
 3599         394.9085 Behavioral provider liability.—
 3600         (6) For purposes of this section, the terms “detoxification
 3601  services,” “addictions receiving facility,” and “receiving
 3602  facility” have the same meanings as those provided in ss.
 3603  397.311(24)(a)4., 397.311(24)(a)1., and 394.455(41) ss.
 3604  397.311(22)(a)4., 397.311(22)(a)1., and 394.455(26),
 3605  respectively.
 3606         Section 60. Subsection (15) of section 397.321, Florida
 3607  Statutes, is amended, and subsections (16) through (20) of that
 3608  section are redesignated as subsections (15) through (19),
 3609  respectively, to read:
 3610         397.321 Duties of the department.—The department shall:
 3611         (15) Appoint a substance abuse impairment coordinator to
 3612  represent the department in efforts initiated by the statewide
 3613  substance abuse impairment prevention and treatment coordinator
 3614  established in s. 397.801 and to assist the statewide
 3615  coordinator in fulfilling the responsibilities of that position.
 3616         Section 61. Subsection (8) of section 397.405, Florida
 3617  Statutes, is amended to read:
 3618         397.405 Exemptions from licensure.—The following are exempt
 3619  from the licensing provisions of this chapter:
 3620         (8) A legally cognizable church or nonprofit religious
 3621  organization or denomination providing substance abuse services,
 3622  including prevention services, which are solely religious,
 3623  spiritual, or ecclesiastical in nature. A church or nonprofit
 3624  religious organization or denomination providing any of the
 3625  licensed service components itemized under s. 397.311(24) s.
 3626  397.311(22) is not exempt from substance abuse licensure but
 3627  retains its exemption with respect to all services which are
 3628  solely religious, spiritual, or ecclesiastical in nature.
 3629  
 3630  The exemptions from licensure in this section do not apply to
 3631  any service provider that receives an appropriation, grant, or
 3632  contract from the state to operate as a service provider as
 3633  defined in this chapter or to any substance abuse program
 3634  regulated pursuant to s. 397.406. Furthermore, this chapter may
 3635  not be construed to limit the practice of a physician or
 3636  physician assistant licensed under chapter 458 or chapter 459, a
 3637  psychologist licensed under chapter 490, a psychotherapist
 3638  licensed under chapter 491, or an advanced registered nurse
 3639  practitioner licensed under part I of chapter 464, who provides
 3640  substance abuse treatment, so long as the physician, physician
 3641  assistant, psychologist, psychotherapist, or advanced registered
 3642  nurse practitioner does not represent to the public that he or
 3643  she is a licensed service provider and does not provide services
 3644  to individuals pursuant to part V of this chapter. Failure to
 3645  comply with any requirement necessary to maintain an exempt
 3646  status under this section is a misdemeanor of the first degree,
 3647  punishable as provided in s. 775.082 or s. 775.083.
 3648         Section 62. Subsections (1) and (5) of section 397.407,
 3649  Florida Statutes, are amended to read:
 3650         397.407 Licensure process; fees.—
 3651         (1) The department shall establish the licensure process to
 3652  include fees and categories of licenses and must prescribe a fee
 3653  range that is based, at least in part, on the number and
 3654  complexity of programs listed in s. 397.311(24) s. 397.311(22)
 3655  which are operated by a licensee. The fees from the licensure of
 3656  service components are sufficient to cover at least 50 percent
 3657  of the costs of regulating the service components. The
 3658  department shall specify a fee range for public and privately
 3659  funded licensed service providers. Fees for privately funded
 3660  licensed service providers must exceed the fees for publicly
 3661  funded licensed service providers.
 3662         (5) The department may issue probationary, regular, and
 3663  interim licenses. The department shall issue one license for
 3664  each service component that is operated by a service provider
 3665  and defined pursuant to s. 397.311(24) s. 397.311(22). The
 3666  license is valid only for the specific service components listed
 3667  for each specific location identified on the license. The
 3668  licensed service provider shall apply for a new license at least
 3669  60 days before the addition of any service components or 30 days
 3670  before the relocation of any of its service sites. Provision of
 3671  service components or delivery of services at a location not
 3672  identified on the license may be considered an unlicensed
 3673  operation that authorizes the department to seek an injunction
 3674  against operation as provided in s. 397.401, in addition to
 3675  other sanctions authorized by s. 397.415. Probationary and
 3676  regular licenses may be issued only after all required
 3677  information has been submitted. A license may not be
 3678  transferred. As used in this subsection, the term “transfer”
 3679  includes, but is not limited to, the transfer of a majority of
 3680  the ownership interest in the licensed entity or transfer of
 3681  responsibilities under the license to another entity by
 3682  contractual arrangement.
 3683         Section 63. Section 397.416, Florida Statutes, is amended
 3684  to read:
 3685         397.416 Substance abuse treatment services; qualified
 3686  professional.—Notwithstanding any other provision of law, a
 3687  person who was certified through a certification process
 3688  recognized by the former Department of Health and Rehabilitative
 3689  Services before January 1, 1995, may perform the duties of a
 3690  qualified professional with respect to substance abuse treatment
 3691  services as defined in this chapter, and need not meet the
 3692  certification requirements contained in s. 397.311(32) s.
 3693  397.311(30).
 3694         Section 64. Subsection (2) of section 397.4871, Florida
 3695  Statutes, is amended to read:
 3696         397.4871 Recovery residence administrator certification.—
 3697         (2) The department shall approve at least one credentialing
 3698  entity by December 1, 2015, for the purpose of developing and
 3699  administering a voluntary credentialing program for
 3700  administrators. The department shall approve any credentialing
 3701  entity that the department endorses pursuant to s. 397.321(15)
 3702  s. 397.321(16) if the credentialing entity also meets the
 3703  requirements of this section. The approved credentialing entity
 3704  shall:
 3705         (a) Establish recovery residence administrator core
 3706  competencies, certification requirements, testing instruments,
 3707  and recertification requirements.
 3708         (b) Establish a process to administer the certification
 3709  application, award, and maintenance processes.
 3710         (c) Develop and administer:
 3711         1. A code of ethics and disciplinary process.
 3712         2. Biennial continuing education requirements and annual
 3713  certification renewal requirements.
 3714         3. An education provider program to approve training
 3715  entities that are qualified to provide precertification training
 3716  to applicants and continuing education opportunities to
 3717  certified persons.
 3718         Section 65. Paragraph (e) of subsection (3) of section
 3719  409.966, Florida Statutes, is amended to read:
 3720         409.966 Eligible plans; selection.—
 3721         (3) QUALITY SELECTION CRITERIA.—
 3722         (e) To ensure managed care plan participation in Regions 1
 3723  and 2, the agency shall award an additional contract to each
 3724  plan with a contract award in Region 1 or Region 2. Such
 3725  contract shall be in any other region in which the plan
 3726  submitted a responsive bid and negotiates a rate acceptable to
 3727  the agency. If a plan that is awarded an additional contract
 3728  pursuant to this paragraph is subject to penalties pursuant to
 3729  s. 409.967(2)(i) s. 409.967(2)(h) for activities in Region 1 or
 3730  Region 2, the additional contract is automatically terminated
 3731  180 days after the imposition of the penalties. The plan must
 3732  reimburse the agency for the cost of enrollment changes and
 3733  other transition activities.
 3734         Section 66. Paragraph (b) of subsection (1) of section
 3735  409.972, Florida Statutes, is amended to read:
 3736         409.972 Mandatory and voluntary enrollment.—
 3737         (1) The following Medicaid-eligible persons are exempt from
 3738  mandatory managed care enrollment required by s. 409.965, and
 3739  may voluntarily choose to participate in the managed medical
 3740  assistance program:
 3741         (b) Medicaid recipients residing in residential commitment
 3742  facilities operated through the Department of Juvenile Justice
 3743  or a mental health treatment facility facilities as defined in
 3744  s. 394.455(50) by s. 394.455(32).
 3745         Section 67. Paragraphs (d) and (g) of subsection (1) of
 3746  section 440.102, Florida Statutes, are amended to read:
 3747         440.102 Drug-free workplace program requirements.—The
 3748  following provisions apply to a drug-free workplace program
 3749  implemented pursuant to law or to rules adopted by the Agency
 3750  for Health Care Administration:
 3751         (1) DEFINITIONS.—Except where the context otherwise
 3752  requires, as used in this act:
 3753         (d) “Drug rehabilitation program” means a service provider,
 3754  established pursuant to s. 397.311(41) s. 397.311(39), that
 3755  provides confidential, timely, and expert identification,
 3756  assessment, and resolution of employee drug abuse.
 3757         (g) “Employee assistance program” means an established
 3758  program capable of providing expert assessment of employee
 3759  personal concerns; confidential and timely identification
 3760  services with regard to employee drug abuse; referrals of
 3761  employees for appropriate diagnosis, treatment, and assistance;
 3762  and followup services for employees who participate in the
 3763  program or require monitoring after returning to work. If, in
 3764  addition to the above activities, an employee assistance program
 3765  provides diagnostic and treatment services, these services shall
 3766  in all cases be provided by service providers pursuant to s.
 3767  397.311(41) s. 397.311(39).
 3768         Section 68. Subsection (7) of section 744.704, Florida
 3769  Statutes, is amended to read:
 3770         744.704 Powers and duties.—
 3771         (7) A public guardian may shall not commit a ward to a
 3772  mental health treatment facility, as defined in s. 394.455(50)
 3773  s. 394.455(32), without an involuntary placement proceeding as
 3774  provided by law.
 3775         Section 69. Paragraph (a) of subsection (2) of section
 3776  790.065, Florida Statutes, is amended to read:
 3777         790.065 Sale and delivery of firearms.—
 3778         (2) Upon receipt of a request for a criminal history record
 3779  check, the Department of Law Enforcement shall, during the
 3780  licensee’s call or by return call, forthwith:
 3781         (a) Review any records available to determine if the
 3782  potential buyer or transferee:
 3783         1. Has been convicted of a felony and is prohibited from
 3784  receipt or possession of a firearm pursuant to s. 790.23;
 3785         2. Has been convicted of a misdemeanor crime of domestic
 3786  violence, and therefore is prohibited from purchasing a firearm;
 3787         3. Has had adjudication of guilt withheld or imposition of
 3788  sentence suspended on any felony or misdemeanor crime of
 3789  domestic violence unless 3 years have elapsed since probation or
 3790  any other conditions set by the court have been fulfilled or
 3791  expunction has occurred; or
 3792         4. Has been adjudicated mentally defective or has been
 3793  committed to a mental institution by a court or as provided in
 3794  sub-sub-subparagraph b.(II), and as a result is prohibited by
 3795  state or federal law from purchasing a firearm.
 3796         a. As used in this subparagraph, “adjudicated mentally
 3797  defective” means a determination by a court that a person, as a
 3798  result of marked subnormal intelligence, or mental illness,
 3799  incompetency, condition, or disease, is a danger to himself or
 3800  herself or to others or lacks the mental capacity to contract or
 3801  manage his or her own affairs. The phrase includes a judicial
 3802  finding of incapacity under s. 744.331(6)(a), an acquittal by
 3803  reason of insanity of a person charged with a criminal offense,
 3804  and a judicial finding that a criminal defendant is not
 3805  competent to stand trial.
 3806         b. As used in this subparagraph, “committed to a mental
 3807  institution” means:
 3808         (I) Involuntary commitment, commitment for mental
 3809  defectiveness or mental illness, and commitment for substance
 3810  abuse. The phrase includes involuntary inpatient placement as
 3811  defined in s. 394.467, involuntary outpatient services placement
 3812  as defined in s. 394.4655, involuntary assessment and
 3813  stabilization under s. 397.6818, and involuntary substance abuse
 3814  treatment under s. 397.6957, but does not include a person in a
 3815  mental institution for observation or discharged from a mental
 3816  institution based upon the initial review by the physician or a
 3817  voluntary admission to a mental institution; or
 3818         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 3819  admission to a mental institution for outpatient or inpatient
 3820  treatment of a person who had an involuntary examination under
 3821  s. 394.463, where each of the following conditions have been
 3822  met:
 3823         (A) An examining physician found that the person is an
 3824  imminent danger to himself or herself or others.
 3825         (B) The examining physician certified that if the person
 3826  did not agree to voluntary treatment, a petition for involuntary
 3827  outpatient or inpatient services treatment would have been filed
 3828  under s. 394.463(2)(g) s. 394.463(2)(i)4., or the examining
 3829  physician certified that a petition was filed and the person
 3830  subsequently agreed to voluntary treatment before prior to a
 3831  court hearing on the petition.
 3832         (C) Before agreeing to voluntary treatment, the person
 3833  received written notice of that finding and certification, and
 3834  written notice that as a result of such finding, he or she may
 3835  be prohibited from purchasing a firearm, and may not be eligible
 3836  to apply for or retain a concealed weapon or firearms license
 3837  under s. 790.06 and the person acknowledged such notice in
 3838  writing, in substantially the following form:
 3839  
 3840         “I understand that the doctor who examined me believes
 3841         I am a danger to myself or to others. I understand
 3842         that if I do not agree to voluntary treatment, a
 3843         petition will be filed in court to require me to
 3844         receive involuntary treatment. I understand that if
 3845         that petition is filed, I have the right to contest
 3846         it. In the event a petition has been filed, I
 3847         understand that I can subsequently agree to voluntary
 3848         treatment prior to a court hearing. I understand that
 3849         by agreeing to voluntary treatment in either of these
 3850         situations, I may be prohibited from buying firearms
 3851         and from applying for or retaining a concealed weapons
 3852         or firearms license until I apply for and receive
 3853         relief from that restriction under Florida law.”
 3854  
 3855         (D) A judge or a magistrate has, pursuant to sub-sub
 3856  subparagraph c.(II), reviewed the record of the finding,
 3857  certification, notice, and written acknowledgment classifying
 3858  the person as an imminent danger to himself or herself or
 3859  others, and ordered that such record be submitted to the
 3860  department.
 3861         c. In order to check for these conditions, the department
 3862  shall compile and maintain an automated database of persons who
 3863  are prohibited from purchasing a firearm based on court records
 3864  of adjudications of mental defectiveness or commitments to
 3865  mental institutions.
 3866         (I) Except as provided in sub-sub-subparagraph (II), clerks
 3867  of court shall submit these records to the department within 1
 3868  month after the rendition of the adjudication or commitment.
 3869  Reports shall be submitted in an automated format. The reports
 3870  must, at a minimum, include the name, along with any known alias
 3871  or former name, the sex, and the date of birth of the subject.
 3872         (II) For persons committed to a mental institution pursuant
 3873  to sub-sub-subparagraph b.(II), within 24 hours after the
 3874  person’s agreement to voluntary admission, a record of the
 3875  finding, certification, notice, and written acknowledgment must
 3876  be filed by the administrator of the receiving or treatment
 3877  facility, as defined in s. 394.455, with the clerk of the court
 3878  for the county in which the involuntary examination under s.
 3879  394.463 occurred. No fee shall be charged for the filing under
 3880  this sub-sub-subparagraph. The clerk must present the records to
 3881  a judge or magistrate within 24 hours after receipt of the
 3882  records. A judge or magistrate is required and has the lawful
 3883  authority to review the records ex parte and, if the judge or
 3884  magistrate determines that the record supports the classifying
 3885  of the person as an imminent danger to himself or herself or
 3886  others, to order that the record be submitted to the department.
 3887  If a judge or magistrate orders the submittal of the record to
 3888  the department, the record must be submitted to the department
 3889  within 24 hours.
 3890         d. A person who has been adjudicated mentally defective or
 3891  committed to a mental institution, as those terms are defined in
 3892  this paragraph, may petition the circuit court that made the
 3893  adjudication or commitment, or the court that ordered that the
 3894  record be submitted to the department pursuant to sub-sub
 3895  subparagraph c.(II), for relief from the firearm disabilities
 3896  imposed by such adjudication or commitment. A copy of the
 3897  petition shall be served on the state attorney for the county in
 3898  which the person was adjudicated or committed. The state
 3899  attorney may object to and present evidence relevant to the
 3900  relief sought by the petition. The hearing on the petition may
 3901  be open or closed as the petitioner may choose. The petitioner
 3902  may present evidence and subpoena witnesses to appear at the
 3903  hearing on the petition. The petitioner may confront and cross
 3904  examine witnesses called by the state attorney. A record of the
 3905  hearing shall be made by a certified court reporter or by court
 3906  approved electronic means. The court shall make written findings
 3907  of fact and conclusions of law on the issues before it and issue
 3908  a final order. The court shall grant the relief requested in the
 3909  petition if the court finds, based on the evidence presented
 3910  with respect to the petitioner’s reputation, the petitioner’s
 3911  mental health record and, if applicable, criminal history
 3912  record, the circumstances surrounding the firearm disability,
 3913  and any other evidence in the record, that the petitioner will
 3914  not be likely to act in a manner that is dangerous to public
 3915  safety and that granting the relief would not be contrary to the
 3916  public interest. If the final order denies relief, the
 3917  petitioner may not petition again for relief from firearm
 3918  disabilities until 1 year after the date of the final order. The
 3919  petitioner may seek judicial review of a final order denying
 3920  relief in the district court of appeal having jurisdiction over
 3921  the court that issued the order. The review shall be conducted
 3922  de novo. Relief from a firearm disability granted under this
 3923  sub-subparagraph has no effect on the loss of civil rights,
 3924  including firearm rights, for any reason other than the
 3925  particular adjudication of mental defectiveness or commitment to
 3926  a mental institution from which relief is granted.
 3927         e. Upon receipt of proper notice of relief from firearm
 3928  disabilities granted under sub-subparagraph d., the department
 3929  shall delete any mental health record of the person granted
 3930  relief from the automated database of persons who are prohibited
 3931  from purchasing a firearm based on court records of
 3932  adjudications of mental defectiveness or commitments to mental
 3933  institutions.
 3934         f. The department is authorized to disclose data collected
 3935  pursuant to this subparagraph to agencies of the Federal
 3936  Government and other states for use exclusively in determining
 3937  the lawfulness of a firearm sale or transfer. The department is
 3938  also authorized to disclose this data to the Department of
 3939  Agriculture and Consumer Services for purposes of determining
 3940  eligibility for issuance of a concealed weapons or concealed
 3941  firearms license and for determining whether a basis exists for
 3942  revoking or suspending a previously issued license pursuant to
 3943  s. 790.06(10). When a potential buyer or transferee appeals a
 3944  nonapproval based on these records, the clerks of court and
 3945  mental institutions shall, upon request by the department,
 3946  provide information to help determine whether the potential
 3947  buyer or transferee is the same person as the subject of the
 3948  record. Photographs and any other data that could confirm or
 3949  negate identity must be made available to the department for
 3950  such purposes, notwithstanding any other provision of state law
 3951  to the contrary. Any such information that is made confidential
 3952  or exempt from disclosure by law shall retain such confidential
 3953  or exempt status when transferred to the department.
 3954         Section 70. The Secretary of the Department of Children and
 3955  Families will appoint a workgroup to consider the feasibility of
 3956  individuals using advance directives to express the treatment
 3957  wishes for substance use disorders. The workgroup shall be
 3958  composed of individuals with expertise in the treatment of
 3959  substance use disorders. The workgroup must review the use of
 3960  advance directives in mental health, the use of advance
 3961  directives for substance use disorders in other states, and the
 3962  use of similar legal instruments to express the treatment wishes
 3963  of individuals suffering from substance use disorder. The
 3964  workgroup will provide a report to the Governor, President of
 3965  the Senate, and Speaker of the House by January 1, 2017. The
 3966  report must include recommendations on the feasibility of using
 3967  advance directives for individuals with substance use disorders
 3968  and recommendations for any law changes or changes in agency
 3969  rules. The members of the workgroup are not entitled to
 3970  reimbursement from the Department of Children and Families for
 3971  travel for workgroup meetings unless they are employees of the
 3972  department. This section expires May 6, 2017.
 3973         Section 71. This act shall take effect July 1, 2016.