Florida Senate - 2017                                    SB 1756
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-01520-17                                           20171756__
    1                        A bill to be entitled                      
    2         An act relating to examination and treatment of
    3         individuals with mental illness; amending s. 394.453,
    4         F.S.; revising legislative intent; amending s.
    5         394.455, F.S.; providing, revising, and deleting
    6         definitions; amending s. 394.457, F.S.; providing
    7         responsibilities of the Department of Children and
    8         Families for a comprehensive statewide mental health
    9         and substance abuse program; amending s. 394.4573,
   10         F.S.; conforming terminology; amending s. 394.4574,
   11         F.S.; providing for additional professionals to assess
   12         a resident with a mental illness who resides in an
   13         assisted living facility; amending s. 394.458, F.S.;
   14         prohibiting the introduction or removal of certain
   15         articles at a facility providing mental health
   16         services; requiring such facilities to post a notice
   17         thereof; amending s. 394.459, F.S.; revising rights of
   18         individuals receiving mental health treatment and
   19         services to provide for the use of health care
   20         surrogates or proxies to make decisions; revising
   21         requirements relating to express and informed consent
   22         and liability for violations; requiring service
   23         providers to provide information concerning advance
   24         directives; amending s. 394.4593, F.S.; expanding the
   25         definition of the term “employee” to include staff,
   26         volunteers, and interns employed by a service provider
   27         for purposes of reporting sexual misconduct; repealing
   28         s. 394.4595, F.S., relating to the Florida statewide
   29         and local advocacy councils and access to patients and
   30         records; creating s. 394.4596, F.S.; requiring
   31         designated receiving facilities to permit access
   32         authority to an agency designated by the Governor to
   33         serve as the federally mandated protection and
   34         advocacy system for individuals with disabilities;
   35         amending s. 394.4597, F.S.; providing rights and
   36         responsibilities of the representative of an
   37         individual admitted to a facility for involuntary
   38         examination or services; amending s. 394.4598, F.S.;
   39         specifying certain persons who are prohibited from
   40         being appointed as a guardian advocate; providing
   41         duties of a guardian advocate; amending s. 394.4599,
   42         F.S.; revising requirements for a certain notice
   43         related to involuntary admission; repealing s.
   44         394.460, F.S., relating to rights of professionals;
   45         amending s. 394.461, F.S.; authorizing governmental
   46         facilities to provide voluntary and involuntary mental
   47         health and substance abuse examinations and treatment
   48         under certain conditions; providing additional
   49         facility reporting requirements; amending s. 394.4615,
   50         F.S., relating to confidentiality of clinical records;
   51         providing additional circumstances in which
   52         information from a clinical record may be released;
   53         amending s. 394.462, F.S.; revising requirements for
   54         transportation to receiving facilities and treatment
   55         facilities; providing for a law enforcement officer to
   56         transport an individual to a United States Department
   57         of Veterans Affairs facility under certain
   58         circumstances; providing immunity from liability;
   59         deleting obsolete provisions; amending s. 394.4625,
   60         F.S.; revising criteria for voluntary admission to,
   61         and release or discharge from, a facility for
   62         examination and treatment; revising criteria for a
   63         determination of neglect to include mental and
   64         physical harm; requiring certain individuals charged
   65         with a crime to be discharged to the custody of a law
   66         enforcement officer under certain circumstances;
   67         amending s. 394.463, F.S.; requiring certain persons
   68         initiating an involuntary examination to provide
   69         notice to the individual’s guardian, representative,
   70         or health care surrogate or proxy; revising a holding
   71         period for involuntary examination; amending s.
   72         394.467, F.S.; revising provisions relating to
   73         admission to a facility for involuntary services;
   74         authorizing the state attorney to represent the state
   75         in certain proceedings relating to a petition for
   76         involuntary services; granting the state attorney
   77         access to certain clinical records and witnesses;
   78         providing conditions for a continuance of the hearing;
   79         requiring the Division of Administrative Hearings to
   80         advise certain parties representing the individual of
   81         the right to an independent examination in continued
   82         involuntary services proceedings; amending s.
   83         394.46715, F.S.; providing purpose of department
   84         rules; amending s. 394.4672, F.S.; authorizing
   85         facilities of the United States Department of Veterans
   86         Affairs to provide certain mental health services;
   87         amending s. 394.4685, F.S.; revising provisions
   88         governing transfer of individuals between and among
   89         public and private facilities; amending s. 394.469,
   90         F.S.; authorizing the discharge of an individual from
   91         involuntary services into the custody of a law
   92         enforcement officer under certain conditions; amending
   93         s. 394.473, F.S.; revising provisions relating to
   94         compensation of attorneys and expert witnesses in
   95         cases involving indigent individuals; amending s.
   96         394.475, F.S.; conforming terminology; amending s.
   97         394.4785, F.S.; defining the term “minor” for purposes
   98         of admission into a mental health facility; repealing
   99         s. 394.4595, F.S., relating to access to patients and
  100         patients’ records by members of the Florida statewide
  101         and local advocacy councils; repealing s. 394.460,
  102         F.S., relating to the rights of professionals;
  103         repealing s. 394.4655, F.S., relating to involuntary
  104         outpatient services; repealing s. 394.4786, F.S.,
  105         relating to legislative intent; repealing s.
  106         394.47865, F.S., relating to the privatization of
  107         South Florida State Hospital; repealing s. 394.4787,
  108         F.S., relating to definitions; repealing s. 394.4788,
  109         F.S., relating to use of certain PMATF funds for the
  110         purchase of acute care mental health services;
  111         repealing s. 394.4789, F.S., relating to the
  112         establishment of a referral process and eligibility
  113         determination; amending ss. 20.425, 39.407, 394.4599,
  114         394.492, 394.495, 394.496, 394.9082, 394.9085,
  115         409.972, 744.2007, 790.065, and 945.46, F.S.;
  116         conforming references and cross-references; providing
  117         an effective date.
  118          
  119  Be It Enacted by the Legislature of the State of Florida:
  120  
  121         Section 1. Section 394.453, Florida Statutes, is amended to
  122  read:
  123         394.453 Legislative intent.—
  124         (1) It is the intent of the Legislature:
  125         (a) To authorize and direct the Department of Children and
  126  Families to evaluate, research, plan, and recommend to the
  127  Governor and the Legislature programs designed to reduce the
  128  occurrence, severity, duration, and disabling aspects of mental,
  129  emotional, and behavioral disorders and substance abuse
  130  impairment.
  131         (b) That treatment programs for such disorders include, but
  132  not be limited to, comprehensive health, social, educational,
  133  and rehabilitative services for individuals to persons requiring
  134  intensive short-term and continued treatment in order to
  135  encourage them to assume responsibility for their treatment and
  136  recovery. It is intended that:
  137         1. Such individuals persons be provided with emergency
  138  service and temporary detention for evaluation if when required;
  139         2. Such individuals persons be admitted to treatment
  140  facilities if on a voluntary basis when extended or continuing
  141  care is needed and unavailable in the community;
  142         3. Involuntary services placement be provided only if when
  143  expert evaluation determines it is necessary;
  144         4. Any involuntary treatment or examination be accomplished
  145  in a setting that is clinically appropriate and most likely to
  146  facilitate the individual’s discharge person’s return to the
  147  community as soon as possible; and
  148         5. Individual Dignity and human rights be guaranteed to all
  149  individuals persons who are admitted to mental health facilities
  150  or who are being held under s. 394.463.
  151         (c) That services provided to individuals persons in this
  152  state use the coordination-of-care principles characteristic of
  153  recovery-oriented services and include social support services,
  154  such as housing support, life skills and vocational training,
  155  and employment assistance, necessary for individuals persons
  156  with mental health disorders and co-occurring mental health and
  157  substance use disorders to live successfully in their
  158  communities.
  159         (d) That licensed, qualified health professionals be
  160  authorized to practice to the fullest extent of their education
  161  and training in the performance of professional functions
  162  necessary to carry out the intent of this part.
  163         (2) It is the policy of this state that the use of
  164  restraint and seclusion on clients is justified only as an
  165  emergency safety measure to be used in response to imminent
  166  danger to the individual client or others. It is, therefore, the
  167  intent of the Legislature to achieve an ongoing reduction in the
  168  use of restraint and seclusion in programs and facilities
  169  serving individuals experiencing persons with mental illness.
  170         (3) The Legislature further finds the need for additional
  171  psychiatrists to be of critical state concern and recommends the
  172  establishment of an additional psychiatry program to be offered
  173  by one of Florida’s schools of medicine currently not offering
  174  psychiatry. The program shall seek to integrate primary care and
  175  psychiatry and other evolving models of care for individuals
  176  persons with mental health and substance use disorders.
  177  Additionally, the Legislature finds that the use of telemedicine
  178  for patient evaluation, case management, and ongoing care will
  179  improve management of patient care and reduce costs of
  180  transportation.
  181         Section 2. Section 394.455, Florida Statutes, is amended to
  182  read:
  183         394.455 Definitions.—As used in this part, the term:
  184         (1) “Access center” means a facility that has medical,
  185  mental health, and substance abuse professionals to provide
  186  emergency screening and evaluation for mental health or
  187  substance abuse disorders and may provide transportation to an
  188  appropriate facility if an individual is in need of more
  189  intensive services.
  190         (2) “Addictions receiving facility” is a secure, acute care
  191  facility that, at a minimum, provides emergency screening,
  192  evaluation, detoxification, and stabilization services; is
  193  operated 24 hours per day, 7 days per week; and is designated by
  194  the department to serve individuals found to have substance
  195  abuse impairment who qualify for services under this part.
  196         (3) “Administrator” means the chief administrative officer
  197  of a receiving or treatment facility or his or her designee.
  198         (4) “Adult” means an individual who is 18 years of age or
  199  older or who has had the disability of nonage removed under
  200  chapter 743.
  201         (5)“Advance directive” has the same meaning as in s.
  202  765.101.
  203         (5)“Clinical psychologist” means a psychologist as defined
  204  in s. 490.003(7) with 3 years of postdoctoral experience in the
  205  practice of clinical psychology, inclusive of the experience
  206  required for licensure, or a psychologist employed by a facility
  207  operated by the United States Department of Veterans Affairs
  208  that qualifies as a receiving or treatment facility under this
  209  part.
  210         (6) “Clinical record” means all parts of the record
  211  required to be maintained and includes all medical records,
  212  progress notes, charts, and admission and discharge data, and
  213  all other information recorded by facility staff which pertains
  214  to an individual’s admission, retention the patient’s
  215  hospitalization, or treatment at a mental facility.
  216         (7) “Clinical social worker” means a person licensed to
  217  practice social work under s. 491.005 or s. 491.006 or a person
  218  employed as a clinical social worker by the United States
  219  Department of Veterans Affairs or the United States Department
  220  of Defense as a clinical social worker under s. 491.005 or s.
  221  491.006.
  222         (8) “Community facility” means a community service provider
  223  that contracts with the department to furnish substance abuse or
  224  mental health services under part IV of this chapter.
  225         (9) “Community mental health center or clinic” means a
  226  publicly funded, not-for-profit center that contracts with the
  227  department for the provision of inpatient, outpatient, day
  228  treatment, or emergency services.
  229         (10) “Court,” unless otherwise specified, means the circuit
  230  court.
  231         (11) “Department” means the Department of Children and
  232  Families.
  233         (12) “Designated receiving facility” means a facility
  234  approved by the department which may be a public or private
  235  hospital, crisis stabilization unit, or addictions receiving
  236  facility; which provides, at a minimum, emergency screening,
  237  evaluation, and short-term stabilization for mental health or
  238  substance abuse disorders; and which may have an agreement with
  239  a corresponding facility for transportation and services.
  240         (13) “Detoxification facility” means a facility licensed to
  241  provide detoxification services under chapter 397.
  242         (14) “Electronic means” means a form of telecommunication
  243  which requires all parties to maintain visual as well as audio
  244  communication when being used to conduct an examination by a
  245  qualified professional.
  246         (15) “Express and informed consent” means consent
  247  voluntarily given in writing, by a competent person, after
  248  sufficient explanation and disclosure of the subject matter
  249  involved, as documented in the clinical record, to enable the
  250  individual or his or her guardian, guardian advocate, or health
  251  care surrogate or proxy person to make a knowing and willful
  252  decision without any element of force, fraud, deceit, duress, or
  253  other form of constraint or coercion. Such consent must be in
  254  writing when provided by the individual, but may be provided
  255  verbally and documented in the clinical record when the
  256  individual’s substitute decisionmaker is unable to reasonably
  257  provide it in writing.
  258         (16) “Facility” means any hospital, community facility,
  259  public or private facility, or receiving or treatment facility
  260  providing for the evaluation, diagnosis, care, treatment,
  261  training, or hospitalization of individuals persons who appear
  262  to have or who have been diagnosed as having a mental illness or
  263  substance abuse impairment. The term does not include a program
  264  or an entity licensed under chapter 400 or chapter 429.
  265         (17)“Government facility” means a facility owned,
  266  operated, or administered by the Department of Corrections or
  267  the United States Department of Veterans Affairs.
  268         (18)(17) “Guardian” means the natural guardian of a minor,
  269  or a person appointed by a court to act on behalf of a ward’s
  270  person if the ward is a minor or has been adjudicated
  271  incapacitated.
  272         (19)(18) “Guardian advocate” means a person appointed by a
  273  court to make decisions regarding mental health treatment on
  274  behalf of an individual a patient who has been found incompetent
  275  to consent to treatment pursuant to this part.
  276         (20)(19) “Hospital” means a hospital licensed under chapter
  277  395 and part II of chapter 408.
  278         (21)(20) “Incapacitated” means that an individual a person
  279  has been adjudicated incapacitated pursuant to part V of chapter
  280  744 and a guardian of the individual person has been appointed.
  281         (22)(21) “Incompetent to consent to treatment” means that
  282  an individual’s a state in which a person’s judgment is so
  283  affected by a mental illness or a substance abuse impairment or
  284  any medical or organic cause that he or she lacks the capacity
  285  to make a well-reasoned, willful, and knowing decision
  286  concerning his or her medical, mental health, or substance abuse
  287  treatment.
  288         (23)“Individual” means any person who is held or accepted
  289  for a mental health examination or treatment.
  290         (24)(22) “Involuntary examination” means an examination
  291  performed under s. 394.463, s. 397.6772, s. 397.679, s.
  292  397.6798, or s. 397.6811 to determine if an individual whether a
  293  person qualifies for involuntary services.
  294         (25)(23) “Involuntary services” means court-ordered
  295  outpatient services or inpatient placement for mental health
  296  treatment for mental illness in a receiving facility or
  297  treatment facility or by a service provider pursuant to s.
  298  394.4655 or s. 394.467.
  299         (26)(24) “Law enforcement officer” has the same meaning as
  300  provided in s. 943.10 or a federal or tribal law enforcement
  301  officer as defined by federal law.
  302         (27)(25) “Marriage and family therapist” means a person
  303  licensed to practice marriage and family therapy under s.
  304  491.005 or s. 491.006 or a person employed as a marriage and
  305  family therapist by the United States Department of Veterans
  306  Affairs or the United States Department of Defense.
  307         (28)(26) “Mental health counselor” means a person licensed
  308  to practice mental health counseling under s. 491.005 or s.
  309  491.006 or a person employed as a mental health counselor by the
  310  United States Department of Veterans Affairs or the United
  311  States Department of Defense.
  312         (29)(27) “Mental health overlay program” means a mobile
  313  service that provides an independent examination for voluntary
  314  admission and a range of supplemental onsite services to an
  315  individual who has persons with a mental illness in a
  316  residential setting such as a nursing home, an assisted living
  317  facility, or an adult family-care home or a nonresidential
  318  setting such as an adult day care center. Independent
  319  examinations provided through a mental health overlay program
  320  must only be provided only under contract with the department
  321  for this service or be attached to a public receiving facility
  322  that is also a community mental health center.
  323         (30)(28) “Mental illness” means an impairment of the mental
  324  or emotional processes that exercise conscious control of one’s
  325  actions or of the ability to perceive or understand reality,
  326  which impairment substantially interferes with the individual’s
  327  person’s ability to meet the ordinary demands of living. As used
  328  in For the purposes of this part, the term does not include a
  329  developmental disability as defined in chapter 393,
  330  intoxication, or conditions manifested only by antisocial
  331  behavior or substance abuse impairment.
  332         (31)(29) “Minor” means an individual who is 17 years of age
  333  or younger and who has not had the disability of nonage removed
  334  pursuant to s. 743.01 or s. 743.015.
  335         (32)(30) “Mobile crisis response service” means a
  336  nonresidential crisis service available 24 hours per day, 7 days
  337  per week which provides immediate intensive assessments and
  338  interventions, including screening for admission into a mental
  339  health receiving facility, an addictions receiving facility, or
  340  a detoxification facility, for the purpose of identifying
  341  appropriate treatment services.
  342         (31)“Patient” means any person, with or without a co
  343  occurring substance abuse disorder, who is held or accepted for
  344  mental health treatment.
  345         (33)(32) “Physician” means a medical practitioner licensed
  346  under chapter 458 or chapter 459 who has experience in the
  347  diagnosis and treatment of mental illness or a physician
  348  employed by a facility operated by the United States Department
  349  of Veterans Affairs or the United States Department of Defense.
  350         (34)(33) “Physician assistant” means a person fully
  351  licensed as a physician assistant under chapter 458 or chapter
  352  459 or a person employed as a physician assistant by the United
  353  States Department of Veterans Affairs or the United States
  354  Department of Defense who has experience in the diagnosis and
  355  treatment of mental disorders.
  356         (35)(34) “Private facility” means a hospital or facility
  357  operated by a for-profit or not-for-profit corporation or
  358  association which provides mental health or substance abuse
  359  services and is not a public facility.
  360         (36)(35) “Psychiatric nurse” means an advanced registered
  361  nurse practitioner certified under s. 464.012 who has a master’s
  362  or doctoral degree in psychiatric nursing, holds a national
  363  advanced practice certification as a psychiatric mental health
  364  advanced practice nurse, and has 2 years of post-master’s
  365  clinical experience under the supervision of a physician or a
  366  person employed as a psychiatric nurse by the United States
  367  Department of Veterans Affairs or the United States Department
  368  of Defense.
  369         (37)(36) “Psychiatrist” means a medical practitioner
  370  licensed under chapter 458 or chapter 459 for at least 3 years,
  371  inclusive of psychiatric residency or a person employed as a
  372  psychiatrist by the United States Department of Veterans Affairs
  373  or the United States Department of Defense.
  374         (38)“Psychologist” means a person defined as a
  375  psychologist under s. 490.003 or a person employed as a
  376  psychologist by the United States Department of Veterans Affairs
  377  or the United States Department of Defense.
  378         (39)(37) “Public facility” means a facility that has
  379  contracted with the department to provide mental health services
  380  to all individuals persons, regardless of ability to pay, and is
  381  receiving state funds for such purpose.
  382         (40)(38) “Qualified professional” means a physician or a
  383  physician assistant licensed under chapter 458 or chapter 459; a
  384  psychiatrist licensed under chapter 458 or chapter 459; a
  385  psychologist as defined in s. 490.003(7); or a psychiatric nurse
  386  as defined in this section.
  387         (41)(39) “Receiving facility” means a public or private
  388  facility or hospital expressly designated by the department to
  389  receive and hold individuals on involuntary status or refer, as
  390  appropriate, involuntary patients under emergency conditions for
  391  mental health or substance abuse evaluation and to provide
  392  treatment or transportation to the appropriate service provider.
  393  The term does not include a county jail.
  394         (42)(40) “Representative” means a person selected pursuant
  395  to s. 394.4597(2) to receive notice of proceedings during the
  396  time a patient is held in or admitted to a receiving or
  397  treatment facility.
  398         (43)(41) “Restraint” means:
  399         (a) A physical restraint, including any manual method or
  400  physical or mechanical device, material, or equipment attached
  401  or adjacent to an individual’s body so that he or she cannot
  402  easily remove the restraint and which restricts freedom of
  403  movement or normal access to one’s body. “Physical restraint”
  404  includes the physical holding of an individual a person during a
  405  procedure to forcibly administer psychotropic medication.
  406  “Physical restraint” does not include physical devices such as
  407  orthopedically prescribed appliances, surgical dressings and
  408  bandages, supportive body bands, or other physical holding when
  409  necessary for routine physical examinations and tests or for
  410  purposes of orthopedic, surgical, or other similar medical
  411  treatment when used to provide support for the achievement of
  412  functional body position or proper balance for protecting an
  413  individual or when used to protect a person from falling out of
  414  bed.
  415         (b) A drug or medication used to control an individual’s a
  416  person’s behavior or to restrict his or her freedom of movement
  417  which is not part of the standard treatment regimen for an
  418  individual having of a person with a diagnosed mental illness.
  419         (44)“School psychologist” has the same meaning as in s.
  420  490.003.
  421         (45)(42) “Seclusion” means the physical segregation or
  422  involuntary isolation of an individual a person in a room or
  423  area from which the individual person is prevented from leaving.
  424  The prevention may be by physical barrier or by a staff member
  425  who is acting in a manner, or who is physically situated, so as
  426  to prevent the individual person from leaving the room or area.
  427  As used in For purposes of this part, the term does not mean
  428  isolation due to the individual’s a person’s medical condition
  429  or symptoms.
  430         (46)(43) “Secretary” means the Secretary of Children and
  431  Families.
  432         (47)(44) “Service provider” means a public or private
  433  receiving facility, a facility licensed under chapter 397, a
  434  treatment facility, an entity under contract with the department
  435  to provide mental health or substance abuse services, a
  436  community mental health center or clinic, a psychologist, a
  437  clinical social worker, a marriage and family therapist, a
  438  mental health counselor, a physician, a psychiatrist, an
  439  advanced registered nurse practitioner, a psychiatric nurse, or
  440  a substance abuse qualified professional as defined in s. 39.01.
  441         (48)(45) “Substance abuse impaired impairment” means a
  442  condition involving the use of alcoholic beverages or any
  443  psychoactive or mood-altering substance in such a manner as to
  444  induce mental, emotional, or physical problems and cause
  445  socially dysfunctional behavior that a person has lost the power
  446  of self-control and has inflicted or is likely to inflict
  447  physical harm on himself, herself, or another.
  448         (49)“Substance abuse qualified professional” has the same
  449  meaning as in s. 397.311(33).
  450         (50)(46) “Transfer evaluation” means the process, as
  451  approved by the department, in which the individual by which a
  452  person who is being considered for placement in a state
  453  treatment facility is evaluated for appropriateness of admission
  454  to a treatment such facility. The transfer evaluation shall be
  455  conducted by the department, a public receiving facility, or a
  456  community mental health center or clinic.
  457         (51)(47) “Treatment facility” means a state-owned, state
  458  operated, or state-supported hospital, center, or clinic
  459  designated by the department for extended treatment and
  460  hospitalization of individuals who have a mental illness, beyond
  461  that provided for by a receiving facility or a, of persons who
  462  have a mental illness, including facilities of the United States
  463  Government, and any private facility designated by the
  464  department when rendering such services to a person pursuant to
  465  the provisions of this part. Patients treated in facilities of
  466  the United States Government shall be solely those whose care is
  467  the responsibility of the United States Department of Veterans
  468  Affairs.
  469         (52)(48) “Triage center” means a facility that has medical,
  470  mental health, and substance abuse professionals present or on
  471  call to provide emergency screening and evaluation for mental
  472  health or substance abuse disorders for individuals transported
  473  to the center by a law enforcement officer.
  474         Section 3. Section 394.457, Florida Statutes, is amended to
  475  read:
  476         394.457 Operation and administration.—
  477         (1) ADMINISTRATION.—The Department of Children and Families
  478  is designated the “Mental Health Authority” of Florida. The
  479  department and the Agency for Health Care Administration shall
  480  exercise executive and administrative supervision over all
  481  mental health facilities, programs, and services.
  482         (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is
  483  responsible for:
  484         (a) The planning, evaluation, and implementation of a
  485  complete and comprehensive statewide program of mental health
  486  and substance abuse, including community services, receiving and
  487  treatment facilities, child services, research, and training as
  488  authorized and approved by the Legislature, based on the annual
  489  program budget of the department. The department is also
  490  responsible for the coordination of efforts with other
  491  departments and divisions of the state government, county and
  492  municipal governments, and private agencies concerned with and
  493  providing mental health or substance abuse services. It is
  494  responsible for establishing standards, providing technical
  495  assistance, supervising and exercising supervision of mental
  496  health and substance abuse programs, and of, and the treatment
  497  of individuals patients at, community facilities, other
  498  facilities serving individuals for persons who have a mental
  499  illness or substance abuse impairment, and any agency or
  500  facility providing services under to patients pursuant to this
  501  part.
  502         (b) The publication and distribution of an information
  503  handbook to facilitate the understanding of this part, the
  504  policies and procedures involved in the implementation of this
  505  part, and the responsibilities of the various service providers
  506  of services under this part. Distribution of this handbook may
  507  be limited to online electronic distribution. The department may
  508  It shall stimulate research by public and private agencies,
  509  institutions of higher learning, and hospitals in the interest
  510  of the elimination and amelioration of mental illnesses or
  511  substance abuse impairments illness.
  512         (3) POWER TO CONTRACT.—The department may contract to
  513  provide, and be provided with, services and facilities in order
  514  to carry out its responsibilities under this part with respect
  515  to the following agencies: public and private hospitals;
  516  receiving and treatment facilities; clinics; laboratories;
  517  departments, divisions, and other units of state government; the
  518  state colleges and universities; the community colleges; private
  519  colleges and universities; counties, municipalities, and any
  520  other political subdivisions governmental unit, including
  521  facilities of the United States Government; and any other public
  522  or private entity that which provides or needs facilities or
  523  services. Baker Act funds for community inpatient, crisis
  524  stabilization, short-term residential treatment, and screening
  525  services under this part must be allocated to each county
  526  pursuant to the department’s funding allocation methodology.
  527  Notwithstanding s. 287.057(3)(e), contracts for community-based
  528  Baker Act services for inpatient, crisis stabilization, short
  529  term residential treatment, and screening provided under this
  530  part, other than those with other units of government, to be
  531  provided for the department must be awarded using competitive
  532  solicitation sealed bids if the county commission of the county
  533  receiving the services makes a request to the department
  534  department’s district office by January 15 of the contracting
  535  year. The department district may not enter into a competitively
  536  bid contract under this provision if such action will result in
  537  increases of state or local expenditures for Baker Act services
  538  within the district. Contracts for these Baker Act services
  539  using competitive solicitation sealed bids are effective for 3
  540  years. The department shall adopt rules establishing minimum
  541  standards for such contracted services and facilities and shall
  542  make periodic audits and inspections to assure that the
  543  contracted services are provided and meet the standards of the
  544  department.
  545         (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The
  546  department may apply for and accept any funds, grants, gifts, or
  547  services made available to it by any agency or department of the
  548  Federal Government or any other public or private agency or
  549  person individual in aid of mental health and substance abuse
  550  programs. All such moneys must shall be deposited in the State
  551  Treasury and shall be disbursed as provided by law.
  552         (5) RULES.—The department shall adopt rules:
  553         (a) The department shall adopt rules Establishing forms and
  554  procedures relating to the rights and privileges of individuals
  555  receiving examination or patients seeking mental health
  556  treatment from facilities under this part.
  557         (b) Implementing and administering The department shall
  558  adopt rules necessary for the implementation and administration
  559  of the provisions of this part., and A program subject to the
  560  provisions of this part may shall not be permitted to operate
  561  unless rules designed to ensure the protection of the health,
  562  safety, and welfare of the individuals examined and patients
  563  treated under through such program have been adopted. Such rules
  564  adopted under this subsection must include provisions governing
  565  the use of restraint and seclusion which are consistent with
  566  recognized best practices and professional judgment; prohibit
  567  inherently dangerous restraint or seclusion procedures;
  568  establish limitations on the use and duration of restraint and
  569  seclusion; establish measures to ensure the safety of program
  570  participants and staff during an incident of restraint or
  571  seclusion; establish procedures for staff to follow before,
  572  during, and after incidents of restraint or seclusion; establish
  573  professional qualifications of and training for staff who may
  574  order or be engaged in the use of restraint or seclusion; and
  575  establish mandatory reporting, data collection, and data
  576  dissemination procedures and requirements. Such rules adopted
  577  under this subsection must require that each instance of the use
  578  of restraint or seclusion be documented in the clinical record
  579  of the individual who has been restrained or secluded patient.
  580         (c) The department shall adopt rules Establishing minimum
  581  standards for services provided by a mental health overlay
  582  program or a mobile crisis response service.
  583         (6) PERSONNEL.—
  584         (a) The department shall, by rule, establish minimum
  585  standards of education and experience for professional and
  586  technical personnel employed in mental health programs,
  587  including members of a mobile crisis response service.
  588         (b) The department may shall design and distribute
  589  appropriate materials for the orientation and training of
  590  persons actively engaged in administering implementing the
  591  provisions of this part relating to the involuntary examination
  592  and treatment placement of individuals persons who are believed
  593  to have a mental illness or substance abuse impairment.
  594         (7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee collections
  595  for individuals patients in state-owned, state-operated, or
  596  state-supported treatment facilities must be in accordance with
  597  shall be according to s. 402.33.
  598         Section 4. Subsection (1) and paragraph (b) of subsection
  599  (2) of section 394.4573, Florida Statutes, are amended to read:
  600         394.4573 Coordinated system of care; annual assessment;
  601  essential elements; measures of performance; system improvement
  602  grants; reports.—On or before December 1 of each year, the
  603  department shall submit to the Governor, the President of the
  604  Senate, and the Speaker of the House of Representatives an
  605  assessment of the behavioral health services in this state. The
  606  assessment shall consider, at a minimum, the extent to which
  607  designated receiving systems function as no-wrong-door models,
  608  the availability of treatment and recovery services that use
  609  recovery-oriented and peer-involved approaches, the availability
  610  of less-restrictive services, and the use of evidence-informed
  611  practices. The department’s assessment shall consider, at a
  612  minimum, the needs assessments conducted by the managing
  613  entities pursuant to s. 394.9082(5). Beginning in 2017, the
  614  department shall compile and include in the report all plans
  615  submitted by managing entities pursuant to s. 394.9082(8) and
  616  the department’s evaluation of each plan.
  617         (1) As used in this section, the term:
  618         (a) “Care coordination” means the implementation of
  619  deliberate and planned organizational relationships and service
  620  procedures that improve the effectiveness and efficiency of the
  621  behavioral health system by engaging in purposeful interactions
  622  with individuals who are not yet effectively connected with
  623  services to ensure service linkage. Examples of care
  624  coordination activities include development of referral
  625  agreements, shared protocols, and information exchange
  626  procedures. The purpose of care coordination is to enhance the
  627  delivery of treatment services and recovery supports and to
  628  improve outcomes among priority populations.
  629         (b) “Case management” means those direct services provided
  630  to a client in order to assess his or her needs, plan or arrange
  631  services, coordinate service providers, link the service system
  632  to a client, monitor service delivery, and evaluate patient
  633  outcomes to ensure the client is receiving the appropriate
  634  services.
  635         (c) “Coordinated system of care” means the full array of
  636  behavioral and related services in a region or community offered
  637  by all service providers, whether participating under contract
  638  with the managing entity or by another method of community
  639  partnership or mutual agreement.
  640         (d) “No-wrong-door model” means a model for the delivery of
  641  acute care services to individuals persons who have mental
  642  health or substance use disorders, or both, which optimizes
  643  access to care, regardless of the entry point to the behavioral
  644  health care system.
  645         (2) The essential elements of a coordinated system of care
  646  include:
  647         (b) A designated receiving system that consists of one or
  648  more facilities serving a defined geographic area and
  649  responsible for assessment and evaluation, both voluntary and
  650  involuntary, and treatment or triage of patients who have a
  651  mental health or substance use disorder, or co-occurring
  652  disorders.
  653         1. A county or several counties shall plan the designated
  654  receiving system using a process that includes the managing
  655  entity and is open to participation by individuals with
  656  behavioral health needs and their families, service providers,
  657  law enforcement agencies, and other parties. The county or
  658  counties, in collaboration with the managing entity, shall
  659  document the designated receiving system through written
  660  memoranda of agreement or other binding arrangements. The county
  661  or counties and the managing entity shall complete the plan and
  662  implement the designated receiving system by July 1, 2017, and
  663  the county or counties and the managing entity shall review and
  664  update, as necessary, the designated receiving system at least
  665  once every 3 years.
  666         2. To the extent permitted by available resources, the
  667  designated receiving system shall function as a no-wrong-door
  668  model. The designated receiving system may be organized in any
  669  manner which functions as a no-wrong-door model that responds to
  670  individual needs and integrates services among various
  671  providers. Such models include, but are not limited to:
  672         a. A central receiving system that consists of a designated
  673  central receiving facility that serves as a single entry point
  674  for individuals persons with mental health or substance use
  675  disorders, or co-occurring disorders. The central receiving
  676  facility shall be capable of assessment, evaluation, and triage
  677  or treatment or stabilization of individuals persons with mental
  678  health or substance use disorders, or co-occurring disorders.
  679         b. A coordinated receiving system that consists of multiple
  680  entry points that are linked by shared data systems, formal
  681  referral agreements, and cooperative arrangements for care
  682  coordination and case management. Each entry point shall be a
  683  designated receiving facility and shall, within existing
  684  resources, provide or arrange for necessary services following
  685  an initial assessment and evaluation.
  686         c. A tiered receiving system that consists of multiple
  687  entry points, some of which offer only specialized or limited
  688  services. Each service provider shall be classified according to
  689  its capabilities as either a designated receiving facility or
  690  another type of service provider, such as a triage center, a
  691  licensed detoxification facility, or an access center. All
  692  participating service providers shall, within existing
  693  resources, be linked by methods to share data, formal referral
  694  agreements, and cooperative arrangements for care coordination
  695  and case management.
  696  
  697  An accurate inventory of the participating service providers
  698  which specifies the capabilities and limitations of each
  699  provider and its ability to accept patients under the designated
  700  receiving system agreements and the transportation plan
  701  developed pursuant to this section shall be maintained and made
  702  available at all times to all first responders in the service
  703  area.
  704         Section 5. Section 394.4574, Florida Statutes, is amended
  705  to read:
  706         394.4574 Responsibilities for coordination of services for
  707  a mental health resident with a mental illness who resides in an
  708  assisted living facility that holds a limited mental health
  709  license.—
  710         (1) As used in this section, the term “mental health
  711  resident” means an individual who receives social security
  712  disability income due to a mental disorder as determined by the
  713  Social Security Administration or receives supplemental security
  714  income due to a mental disorder as determined by the Social
  715  Security Administration and receives optional state
  716  supplementation.
  717         (2) Medicaid managed care plans are responsible for
  718  Medicaid enrolled mental health residents, and managing entities
  719  under contract with the department are responsible for mental
  720  health residents who are not enrolled in a Medicaid health plan.
  721  A Medicaid managed care plan or a managing entity shall ensure
  722  that:
  723         (a) A mental health resident has been assessed by a
  724  psychiatrist, clinical psychologist, clinical social worker, or
  725  psychiatric nurse, mental health counselor, marriage and family
  726  therapist, or a qualified professional an individual who is
  727  supervised by one of these professionals, and determined to be
  728  appropriate to reside in an assisted living facility. The
  729  documentation must be provided to the administrator of the
  730  facility within 30 days after the mental health resident has
  731  been admitted to the facility. An evaluation completed upon
  732  discharge from a state mental health treatment facility hospital
  733  meets the requirements of this subsection related to
  734  appropriateness for services placement as a mental health
  735  resident if it was completed within 90 days before admission to
  736  the facility.
  737         (b) A cooperative agreement, as required in s. 429.075, is
  738  developed by the mental health or substance abuse care services
  739  provider that serves a mental health resident and the
  740  administrator of the assisted living facility with a limited
  741  mental health license in which the mental health resident is
  742  living.
  743         (c) The community living support plan, as defined in s.
  744  429.02, has been prepared by a mental health resident and his or
  745  her mental health case manager in consultation with the
  746  administrator of the facility or the administrator’s designee.
  747  The plan must be completed and provided to the administrator of
  748  the assisted living facility with a limited mental health
  749  license in which the mental health resident lives within 30 days
  750  after the resident’s admission. The support plan and the
  751  agreement may be in one document.
  752         (d) The assisted living facility with a limited mental
  753  health license is provided with documentation that the
  754  individual meets the definition of a mental health resident.
  755         (e) The mental health services provider assigns a case
  756  manager to each mental health resident for whom the entity is
  757  responsible. The case manager shall coordinate the development
  758  and implementation of the community living support plan defined
  759  in s. 429.02. The plan must be updated at least annually, or
  760  when there is a significant change in the resident’s behavioral
  761  health status. Each case manager shall keep a record of the date
  762  and time of any face-to-face interaction with the resident and
  763  make the record available to the responsible entity for
  764  inspection. The record must be retained for at least 2 years
  765  after the date of the most recent interaction.
  766         (f) Consistent monitoring and implementation of community
  767  living support plans and cooperative agreements are conducted by
  768  the resident’s case manager.
  769         (g) Concerns are reported to the appropriate regulatory
  770  oversight organization if a regulated provider fails to deliver
  771  appropriate services or otherwise acts in a manner that has the
  772  potential to result in harm to the resident.
  773         (3) The secretary of Children and Families, in consultation
  774  with the Agency for Health Care Administration, shall require
  775  each regional district administrator to develop, with community
  776  input, a detailed annual plan that demonstrates how the regional
  777  office, in cooperation with service providers, district will
  778  ensure the provision of state-funded mental health and substance
  779  abuse treatment services to residents of assisted living
  780  facilities that hold a limited mental health license. This plan
  781  must be consistent with the substance abuse and mental health
  782  district plan developed pursuant to s. 394.75 and must address
  783  case management services; access to consumer-operated drop-in
  784  centers; access to services during evenings, weekends, and
  785  holidays; supervision of the clinical needs of the residents;
  786  and access to emergency psychiatric care.
  787         Section 6. Section 394.458, Florida Statutes, is amended to
  788  read:
  789         394.458 Introduction or removal of certain articles
  790  unlawful; penalty.—
  791         (1)(a) Except as authorized by the facility administrator
  792  for a lawful purpose law or as specifically authorized by the
  793  person in charge of each hospital providing mental health
  794  services under this part, it is unlawful to knowingly and
  795  intentionally bring into any facility providing services under
  796  this part, or to take or attempt to take or send therefrom, any
  797  of the following articles introduce into or upon the grounds of
  798  such hospital, or to take or attempt to take or send therefrom,
  799  any of the following articles, which are hereby declared to be
  800  contraband for the purposes of this section:
  801         (a)1. Any intoxicating beverage or beverage which causes or
  802  may cause an intoxicating effect;
  803         (b)2. Any controlled substance as defined in chapter 893;
  804         (c)Any imitation controlled substance as defined in s.
  805  817.564; or
  806         (d)3. Any firearms or deadly weapon, except for certified
  807  law enforcement officers acting in their official capacity.
  808         (b)It is unlawful to transmit to, or attempt to transmit
  809  to, or cause or attempt to cause to be transmitted to, or
  810  received by, any patient of any hospital providing mental health
  811  services under this part any article or thing declared by this
  812  section to be contraband, at any place which is outside of the
  813  grounds of such hospital, except as authorized by law or as
  814  specifically authorized by the person in charge of such
  815  hospital.
  816         (2) A person who violates any provision of this section
  817  commits a felony of the third degree, punishable as provided in
  818  s. 775.082, s. 775.083, or s. 775.084.
  819         (3)A facility providing services under this part shall
  820  post at each entry point of the facility a conspicuous notice
  821  that includes the text of this section.
  822         Section 7. Section 394.459, Florida Statutes, is amended to
  823  read:
  824         394.459 Rights of individuals receiving mental health
  825  treatment and services patients.—
  826         (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this
  827  state that the individual dignity of all individuals held for
  828  examination or admitted for mental health treatment the patient
  829  shall be respected at all times and upon all occasions,
  830  including any occasion when the individual patient is taken into
  831  custody, held, or transported. Procedures, facilities, vehicles,
  832  and restraining devices used utilized for criminals or those
  833  accused of a crime may shall not be used in connection with
  834  individuals persons who have a mental illness, except for the
  835  protection of the individual patient or others. Individuals
  836  Persons who have a mental illness but who are not charged with a
  837  criminal offense may shall not be detained or incarcerated in
  838  the jails of this state. An individual A person who is receiving
  839  treatment for mental illness may shall not be deprived of any
  840  constitutional rights. However, if such an individual a person
  841  is adjudicated incapacitated, his or her rights may be limited
  842  to the same extent the rights of any incapacitated individual
  843  person are limited by law.
  844         (2) RIGHT TO TREATMENT.—An individual held for examination
  845  or admitted for mental health treatment:
  846         (a) May A person shall not be denied treatment for mental
  847  illness and services may shall not be delayed at a receiving or
  848  treatment facility because of inability to pay. However, every
  849  reasonable effort to collect appropriate reimbursement for the
  850  cost of providing mental health services from individuals to
  851  persons able to pay for services, including insurance or third
  852  party payers payments, shall be made by facilities providing
  853  services under pursuant to this part.
  854         (b) Shall be provided It is further the policy of the state
  855  that the least restrictive appropriate available treatment be
  856  utilized based on the individual’s individual needs and best
  857  interests, of the patient and consistent with the optimum
  858  improvement of the individual’s patient’s condition.
  859         (c) Each person who remains at a receiving or treatment
  860  facility for more than 12 hours Shall be given a physical
  861  examination by a health practitioner authorized by law to give
  862  such examinations and a mental health evaluation by a
  863  psychiatrist, psychologist, or psychiatric nurse, in a mental
  864  health receiving facility, within 24 hours after arrival at the
  865  facility if the individual has not been released or discharged
  866  pursuant to s. 394.463(2)(h) or s. 394.469. The physical
  867  examination and mental health evaluation must be documented in
  868  the clinical record. The physical and mental health examinations
  869  shall include efforts to identify indicators and symptoms of
  870  substance abuse impairment, substance abuse intoxication, and
  871  substance abuse withdrawal, within 24 hours after arrival at
  872  such facility.
  873         (d) Every patient in a facility Shall be afforded the
  874  opportunity to participate in activities designed to enhance
  875  self-image and the beneficial effects of other treatments, as
  876  determined by the facility.
  877         (e) Not more than 5 days after admission to a facility,
  878  each patient Shall have and receive an individualized treatment
  879  plan in writing which the individual patient has had an
  880  opportunity to assist in preparing and to review before prior to
  881  its implementation, within 72 hours after admission to a
  882  facility. The plan must shall include a space for the
  883  individual’s patient’s comments and signature.
  884         (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
  885         (a)1. Each individual patient entering treatment shall be
  886  asked to give express and informed consent for admission or
  887  treatment.
  888         (a) If the individual patient has been adjudicated
  889  incapacitated or found to be incompetent to consent to
  890  treatment, express and informed consent must to treatment shall
  891  be sought instead from his or her the patient’s guardian or
  892  guardian advocate or health care surrogate or proxy. If the
  893  individual patient is a minor, express and informed consent for
  894  admission or treatment must be obtained from the minor’s shall
  895  also be requested from the patient’s guardian. Express and
  896  informed consent for admission or treatment of a patient under
  897  18 years of age shall be required from the patient’s guardian,
  898  unless the minor is seeking outpatient crisis intervention
  899  services under s. 394.4784. Express and informed consent for
  900  admission or treatment given by a patient who is under 18 years
  901  of age shall not be a condition of admission when the patient’s
  902  guardian gives express and informed consent for the patient’s
  903  admission pursuant to s. 394.463 or s. 394.467.
  904         (b)2. Before giving express and informed consent, the
  905  following information shall be provided and explained in plain
  906  language to the individual and to his or her patient, or to the
  907  patient’s guardian if the individual is an adult patient is 18
  908  years of age or older and has been adjudicated incapacitated, or
  909  to his or her the patient’s guardian advocate if the individual
  910  patient has been found to be incompetent to consent to
  911  treatment, to the health care surrogate or proxy, or to both the
  912  individual patient and the guardian if the individual patient is
  913  a minor;: the reason for admission or treatment; the proposed
  914  treatment; the purpose of the treatment to be provided; the
  915  common risks, benefits, and side effects thereof; the specific
  916  dosage range for the medication, if when applicable; alternative
  917  treatment modalities; the approximate length of care; the
  918  potential effects of stopping treatment; how treatment will be
  919  monitored; and that any consent given for treatment may be
  920  revoked orally or in writing before or during the treatment
  921  period by the individual receiving treatment patient or by a
  922  person who is legally authorized to make health care decisions
  923  on the individual’s behalf of the patient.
  924         (b)In the case of medical procedures requiring the use of
  925  a general anesthetic or electroconvulsive treatment, and prior
  926  to performing the procedure, express and informed consent shall
  927  be obtained from the patient if the patient is legally
  928  competent, from the guardian of a minor patient, from the
  929  guardian of a patient who has been adjudicated incapacitated, or
  930  from the guardian advocate of the patient if the guardian
  931  advocate has been given express court authority to consent to
  932  medical procedures or electroconvulsive treatment as provided
  933  under s. 394.4598.
  934         (c)When the department is the legal guardian of a patient,
  935  or is the custodian of a patient whose physician is unwilling to
  936  perform a medical procedure, including an electroconvulsive
  937  treatment, based solely on the patient’s consent and whose
  938  guardian or guardian advocate is unknown or unlocatable, the
  939  court shall hold a hearing to determine the medical necessity of
  940  the medical procedure. The patient shall be physically present,
  941  unless the patient’s medical condition precludes such presence,
  942  represented by counsel, and provided the right and opportunity
  943  to be confronted with, and to cross-examine, all witnesses
  944  alleging the medical necessity of such procedure. In such
  945  proceedings, the burden of proof by clear and convincing
  946  evidence shall be on the party alleging the medical necessity of
  947  the procedure.
  948         (d)The administrator of a receiving or treatment facility
  949  may, upon the recommendation of the patient’s attending
  950  physician, authorize emergency medical treatment, including a
  951  surgical procedure, if such treatment is deemed lifesaving, or
  952  if the situation threatens serious bodily harm to the patient,
  953  and permission of the patient or the patient’s guardian or
  954  guardian advocate cannot be obtained.
  955         (4) QUALITY OF TREATMENT.—
  956         (a) Each individual held for examination, admitted for
  957  mental health treatment, or receiving involuntary treatment
  958  patient shall receive services that are, including, for a
  959  patient placed under s. 394.4655, those services included in the
  960  court order which are suited to his or her needs, and which
  961  shall be administered skillfully, safely, and humanely with full
  962  respect for the individual’s patient’s dignity and personal
  963  integrity. Each individual patient shall receive such medical,
  964  vocational, social, educational, and rehabilitative services as
  965  his or her condition requires in order to live successfully in
  966  the community. In order to achieve this goal, the department
  967  shall is directed to coordinate its mental health programs with
  968  all other programs of the department and other state agencies.
  969         (b) Facilities shall develop and maintain, in a form
  970  accessible to and readily understandable by individuals held for
  971  examination, admitted for mental health treatment, or receiving
  972  involuntary treatment patients and consistent with rules adopted
  973  by the department, the following:
  974         1. Criteria, procedures, and required staff training for
  975  the any use of close or elevated levels of supervision;, of
  976  restraint, seclusion, or isolation;, or of emergency treatment
  977  orders;, and for the use of bodily control and physical
  978  management techniques.
  979         2. Procedures for documenting, monitoring, and requiring
  980  clinical review of all uses of the procedures described in
  981  subparagraph 1. and for documenting and requiring review of any
  982  incidents resulting in injury to individuals receiving services
  983  patients.
  984         3. A system for investigating, tracking, managing, and
  985  responding to complaints by individuals persons receiving
  986  services or persons individuals acting on their behalf.
  987         (c)Receiving and treatment facilities shall have written
  988  procedures for reporting events that place individuals receiving
  989  services at risk of harm. Such events must be reported to the
  990  department as soon as reasonably possible after discovery and
  991  include, but are not limited to:
  992         1.The death, regardless of cause or manner, of an
  993  individual examined or treated at a facility that occurs while
  994  the individual is at the facility or that occurs within 72 hours
  995  after release, if the death is known to the facility
  996  administrator.
  997         2.An injury sustained, or allegedly sustained, at a
  998  facility, by an individual examined or treated at the facility
  999  and caused by an accident, self-injury, assault, act of abuse,
 1000  neglect, or suicide attempt, if the injury requires medical
 1001  treatment by a licensed health care practitioner in an acute
 1002  care medical facility.
 1003         3.The unauthorized departure or absence of an individual
 1004  from a facility in which he or she has been held for involuntary
 1005  examination or involuntary treatment.
 1006         4.A disaster or crisis situation such as a tornado,
 1007  hurricane, kidnapping, riot, or hostage situation that
 1008  jeopardizes the health, safety, or welfare of individuals
 1009  examined or treated in a facility.
 1010         5.An allegation of sexual battery upon an individual
 1011  examined or treated in a facility.
 1012         (d)(c) A facility may not use seclusion or restraint for
 1013  punishment, in compensation to compensate for inadequate
 1014  staffing, or for the convenience of staff. Facilities shall
 1015  ensure that all staff, contractors, and volunteers are made
 1016  aware of these restrictions on the use of seclusion and
 1017  restraint and shall make and maintain records which demonstrate
 1018  that this information has been conveyed to each staff member,
 1019  contractor, and volunteer individual staff members.
 1020         (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
 1021         (a) Each individual held for examination or admitted for
 1022  mental health treatment person receiving services in a facility
 1023  providing mental health services under this part has the right
 1024  to communicate freely and privately with persons outside the
 1025  facility unless it is determined that such communication is
 1026  likely to be harmful to the individual person or others. Each
 1027  facility shall make available as soon as reasonably possible to
 1028  persons receiving services a telephone that allows for free
 1029  local calls and access to a long-distance service available to
 1030  the individual as soon as reasonably possible. A facility is not
 1031  required to pay the costs of an individual’s a patient’s long
 1032  distance calls. The telephone must shall be readily accessible
 1033  to the patient and shall be placed so that the individual
 1034  patient may use it to communicate privately and confidentially.
 1035  The facility may establish reasonable rules for the use of this
 1036  telephone which, provided that the rules do not interfere with
 1037  an individual’s a patient’s access to a telephone to report
 1038  abuse pursuant to paragraph (e).
 1039         (b) Each individual patient admitted to a facility under
 1040  the provisions of this part is shall be allowed to receive,
 1041  send, and mail sealed, unopened correspondence; and the
 1042  individual’s no patient’s incoming or outgoing correspondence
 1043  may not shall be opened, delayed, held, or censored by the
 1044  facility unless there is reason to believe that it contains
 1045  items or substances that which may be harmful to the individual
 1046  patient or others, in which case the administrator may direct
 1047  reasonable examination of such mail and may regulate the
 1048  disposition of such items or substances.
 1049         (c) Each facility shall allow must permit immediate access
 1050  to an individual held for examination or admitted for mental
 1051  health treatment any patient, subject to the patient’s right to
 1052  deny or withdraw consent at any time, by the individual, or by
 1053  the individual’s patient’s family members, guardian, guardian
 1054  advocate, health care surrogate or proxy, representative,
 1055  Florida statewide or local advocacy council, or attorney, unless
 1056  such access would be detrimental to the individual patient. If
 1057  the a patient’s right to communicate or to receive visitors is
 1058  restricted by the facility, written notice of such restriction
 1059  and the reasons for the restriction shall be served on the
 1060  individual and the individual’s attorney, patient, the patient’s
 1061  attorney, and the patient’s guardian, guardian advocate, health
 1062  care surrogate or proxy, or representative; and such restriction
 1063  and the reason for the restriction, shall be recorded in on the
 1064  patient’s clinical record with the reasons therefor. The
 1065  restriction must of a patient’s right to communicate or to
 1066  receive visitors shall be reviewed at least every 7 days. The
 1067  right to communicate or receive visitors may shall not be
 1068  restricted as a means of punishment. Nothing in This paragraph
 1069  does not shall be construed to limit the establishment of rules
 1070  under provisions of paragraph (d).
 1071         (d) Each facility shall establish reasonable rules
 1072  governing visitors, visiting hours, and the use of telephones by
 1073  individuals held for examination or admitted for mental health
 1074  treatment patients in the least restrictive possible manner. An
 1075  individual has Patients shall have the right to contact and to
 1076  receive communication from his or her their attorneys at any
 1077  reasonable time.
 1078         (e) Each individual held for examination or admitted for
 1079  mental health treatment patient receiving mental health
 1080  treatment in any facility shall have ready access to a telephone
 1081  in order to report an alleged abuse. The facility staff shall
 1082  orally and in writing inform each individual patient of the
 1083  procedure for reporting abuse and shall make every reasonable
 1084  effort to present the information in a language that the
 1085  individual patient understands. A written copy of that
 1086  procedure, including the telephone number of the central abuse
 1087  hotline and reporting forms, shall be posted in plain view.
 1088         (f) The department must shall adopt rules providing a
 1089  procedure for reporting alleged abuse. Facility staff shall be
 1090  required, as a condition of employment, must to become familiar
 1091  with the requirements and procedures for the reporting of abuse.
 1092         (6) CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—The
 1093  rights of an individual held for examination or admitted for
 1094  mental health treatment A patient’s right to the possession of
 1095  his or her clothing and personal effects shall be respected. The
 1096  facility may take temporary custody of such effects if when
 1097  required for medical and safety reasons. The A patient’s
 1098  clothing and personal effects shall be inventoried upon their
 1099  removal into temporary custody. Copies of this inventory shall
 1100  be given to the individual and his or her patient and to the
 1101  patient’s guardian, guardian advocate, health care surrogate or
 1102  proxy, or representative and shall be recorded in the patient’s
 1103  clinical record. This inventory may be amended upon the request
 1104  of the individual and his or her patient or the patient’s
 1105  guardian, guardian advocate, health care surrogate or proxy, or
 1106  representative. The inventory and any amendments to it must be
 1107  witnessed by two members of the facility staff and by the
 1108  individual patient, if able. All of the a patient’s clothing and
 1109  personal effects held by the facility must shall be returned to
 1110  the individual patient immediately upon his or her the discharge
 1111  or transfer of the patient from the facility, unless such return
 1112  would be detrimental to the individual patient. If personal
 1113  effects are not returned to the patient, the reason must be
 1114  documented in the clinical record along with the disposition of
 1115  the clothing and personal effects, which may be given instead to
 1116  the individual’s patient’s guardian, guardian advocate, health
 1117  care surrogate or proxy, or representative. As soon as
 1118  practicable after an emergency transfer of a patient, the
 1119  individual’s patient’s clothing and personal effects shall be
 1120  transferred to the individual’s patient’s new location, together
 1121  with a copy of the inventory and any amendments, unless an
 1122  alternate plan is approved by the individual patient, if he or
 1123  she is able, and by his or her the patient’s guardian, guardian
 1124  advocate, health care surrogate or proxy, or representative.
 1125         (7) VOTING IN PUBLIC ELECTIONS.—An individual held for
 1126  examination or admitted for mental health treatment A patient
 1127  who is eligible to vote according to the laws of the state has
 1128  the right to vote in the primary, and general, and special
 1129  elections. The department shall establish rules to enable such
 1130  individuals patients to obtain voter registration forms,
 1131  applications for vote-by-mail ballots, and vote-by-mail ballots.
 1132         (8) HABEAS CORPUS.—
 1133         (a) At any time, and without notice, an individual held for
 1134  mental health examination or admitted for inpatient treatment in
 1135  a person held in a receiving or treatment facility, or a
 1136  relative, friend, guardian, guardian advocate, health care
 1137  surrogate or proxy, representative, or attorney, or the
 1138  department, on behalf of such individual person, may petition
 1139  for a writ of habeas corpus to question the cause and legality
 1140  of such detention and request that the court order a return to
 1141  the writ in accordance with chapter 79. Each individual patient
 1142  held in a facility shall receive a written notice of the right
 1143  to petition for a writ of habeas corpus.
 1144         (b) At any time, and without notice, an individual held for
 1145  mental health examination or admitted for inpatient treatment a
 1146  person who is a patient in a receiving or treatment facility, or
 1147  a relative, friend, guardian, guardian advocate, health care
 1148  surrogate or proxy, representative, or attorney, or the
 1149  department, on behalf of such individual person, may file a
 1150  petition in the circuit court in the county where the individual
 1151  patient is being held alleging that he or she the patient is
 1152  being unjustly denied a right or privilege granted under this
 1153  part herein or that a procedure authorized under this part
 1154  herein is being abused. Upon the filing of such a petition, the
 1155  court may shall have the authority to conduct a judicial inquiry
 1156  and to issue any order needed to correct an abuse of the
 1157  provisions of this part.
 1158         (c) The administrator of any receiving or treatment
 1159  facility receiving a petition under this subsection shall file
 1160  the petition with the clerk of the court no later than on the
 1161  next court working day.
 1162         (d) A No fee may not shall be charged for the filing of a
 1163  petition under this subsection.
 1164         (9) VIOLATIONS.—The department shall report to the Agency
 1165  for Health Care Administration and the Department of Health any
 1166  violation of the rights or privileges of individuals patients,
 1167  or of any procedures provided under this part, by any facility
 1168  or professional licensed or regulated under state law by the
 1169  agency. The agency is authorized to impose Any sanction
 1170  authorized for violation of this part may be imposed, based
 1171  solely on the investigation and findings of the department.
 1172         (10) LIABILITY FOR VIOLATIONS.—A Any person who violates or
 1173  abuses the any rights or privileges of individuals held or
 1174  admitted for mental health treatment patients provided under by
 1175  this part is liable for damages as determined by law. A Any
 1176  person who acts reasonably, in good faith, and without
 1177  negligence in compliance with the provisions of this part is
 1178  immune from civil or criminal liability for his or her actions
 1179  in connection with the preparation or execution of petitions,
 1180  applications, certificates, reports, or other documents
 1181  initiating admission to a facility or the apprehension,
 1182  detention, transportation, examination, admission, diagnosis,
 1183  treatment, or discharge of an individual a patient to or from a
 1184  facility. However, this section does not relieve any person from
 1185  liability if such person commits negligence.
 1186         (11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE
 1187  PLANNING.—An individual held for examination or admitted for
 1188  mental health treatment The patient shall have the opportunity
 1189  to participate in treatment and discharge planning and shall be
 1190  notified in writing of his or her right, upon discharge from the
 1191  facility, to seek treatment from the professional or agency of
 1192  the individual’s patient’s choice.
 1193         (12)ADVANCE DIRECTIVES.—All service providers providing
 1194  services under this part shall provide information concerning
 1195  advance directives and assist individuals who are competent and
 1196  willing to complete an advance directive. The directive may
 1197  include instructions regarding mental health or substance abuse
 1198  treatment. Service providers providing services under this part
 1199  shall honor the advance directive of individuals they serve, or
 1200  shall request a transfer for the individual as required by s.
 1201  765.1105.
 1202         (13)(12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.—Each
 1203  facility shall post a notice that lists and describes listing
 1204  and describing, in the language and terminology that the
 1205  individual persons to whom the notice is addressed can
 1206  understand, the rights provided under in this section. This
 1207  notice must shall include a statement that provisions of the
 1208  federal Americans with Disabilities Act apply and the name and
 1209  telephone number of a person to contact for further information.
 1210  The This notice must shall be posted in a place readily
 1211  accessible to individuals patients and in a format easily seen
 1212  by the individuals served patients. The This notice must shall
 1213  include the telephone numbers of Disability Rights Florida, Inc
 1214  the Florida local advocacy council and Advocacy Center for
 1215  Persons with Disabilities, Inc.
 1216         Section 8. Section 394.4593, Florida Statutes, is amended
 1217  to read:
 1218         394.4593 Sexual misconduct prohibited; reporting required;
 1219  penalties.—
 1220         (1) As used in this section, the term:
 1221         (a) “Employee” means includes any paid staff member,
 1222  volunteer, or intern of the department or a service provider
 1223  providing services pursuant to this part; any person under
 1224  contract with the department or a service provider providing
 1225  services pursuant to this part; and any person providing care or
 1226  support to an individual a client on behalf of the department or
 1227  its service providers.
 1228         (b) “Sexual activity” means:
 1229         1. Fondling the genital area, groin, inner thighs,
 1230  buttocks, or breasts of an individual a person.
 1231         2. The oral, anal, or vaginal penetration by or union with
 1232  the sexual organ of another or the anal or vaginal penetration
 1233  of another by any other object.
 1234         3. Intentionally touching in a lewd or lascivious manner
 1235  the breasts, genitals, the genital area, or buttocks, or the
 1236  clothing covering them, of an individual a person, or forcing or
 1237  enticing an individual a person to touch the perpetrator.
 1238         4. Intentionally masturbating in the presence of another
 1239  individual person.
 1240         5. Intentionally exposing the genitals in a lewd or
 1241  lascivious manner in the presence of another individual person.
 1242         6. Intentionally committing any other sexual act that does
 1243  not involve actual physical or sexual contact with another
 1244  individual the victim, including, but not limited to,
 1245  sadomasochistic abuse, sexual bestiality, or the simulation of
 1246  any act involving sexual activity in the presence of the
 1247  individual a victim.
 1248         (c) “Sexual misconduct” means any sexual activity between
 1249  an employee and an individual held or admitted for examination
 1250  or treatment pursuant to this part a patient, regardless of the
 1251  consent of that individual the patient. The term does not
 1252  include an act done for a bona fide medical purpose or an
 1253  internal search conducted in the lawful performance of duty by
 1254  an employee.
 1255         (2) An employee who engages in sexual misconduct with an
 1256  individual a patient who:
 1257         (a)Is in the custody of the department; or
 1258         (b)Resides in a receiving facility or a treatment
 1259  facility, as those terms are defined in s. 394.455,
 1260  
 1261  commits a felony of the second degree, punishable as provided in
 1262  s. 775.082, s. 775.083, or s. 775.084. An employee may be found
 1263  guilty of violating this subsection without having committed the
 1264  crime of sexual battery.
 1265         (3) The consent of an individual held or admitted for
 1266  examination or treatment the patient to sexual activity is not a
 1267  defense to prosecution under this section.
 1268         (4) This section does not apply to an employee who, at the
 1269  time of the sexual activity:
 1270         (a) Is legally married to the individual involved in the
 1271  sexual activity patient; or
 1272         (b) Has no reason to believe that the individual involved
 1273  in the sexual activity is held or admitted for examination or
 1274  treatment pursuant to this part person with whom the employee
 1275  engaged in sexual misconduct is a patient receiving services as
 1276  described in subsection (2).
 1277         (5) An employee who witnesses sexual misconduct, or who
 1278  otherwise knows or has reasonable cause to suspect that a person
 1279  has engaged in sexual misconduct, shall immediately report the
 1280  incident to the department’s central abuse hotline and to the
 1281  appropriate local law enforcement agency. Such employee shall
 1282  also prepare, date, and sign an independent report that
 1283  specifically describes the nature of the sexual misconduct, the
 1284  location and time of the incident, and the persons involved. The
 1285  employee shall deliver the report to the supervisor or program
 1286  director, who is responsible for providing copies to the
 1287  department’s inspector general. The inspector general shall
 1288  immediately conduct an appropriate administrative investigation,
 1289  and, if there is probable cause to believe that sexual
 1290  misconduct has occurred, the inspector general shall notify the
 1291  state attorney in the circuit in which the incident occurred.
 1292         (6)(a) Any person who is required to make a report under
 1293  this section and who knowingly or willfully fails to do so, or
 1294  who knowingly or willfully prevents another person from doing
 1295  so, commits a misdemeanor of the first degree, punishable as
 1296  provided in s. 775.082 or s. 775.083.
 1297         (b) Any person who knowingly or willfully submits
 1298  inaccurate, incomplete, or untruthful information with respect
 1299  to a report required under this section commits a misdemeanor of
 1300  the first degree, punishable as provided in s. 775.082 or s.
 1301  775.083.
 1302         (c) Any person who knowingly or willfully coerces or
 1303  threatens any other person with the intent to alter testimony or
 1304  a written report regarding an incident of sexual misconduct
 1305  commits a felony of the third degree, punishable as provided in
 1306  s. 775.082, s. 775.083, or s. 775.084.
 1307         (7) The provisions and penalties set forth in this section
 1308  are in addition to any other civil, administrative, or criminal
 1309  action provided by law which may be applied against an employee.
 1310         Section 9. Section 394.4595, Florida Statutes, is repealed. 
 1311         Section 10. Section 394.4596, Florida Statutes, is created
 1312  to read:
 1313         394.4596Federally mandated protection and advocacy system
 1314  for individuals with disabilities.—The agency designated by the
 1315  governor as the federally mandated protection and advocacy
 1316  system for individuals with disabilities has specific access
 1317  authority under federal law to facilities, individuals,
 1318  information, and records. Any facility defined in s. 394.455(12)
 1319  shall allow this agency to exercise access authority provided to
 1320  it by state and federal law.
 1321         Section 11. Section 394.4597, Florida Statutes, is amended
 1322  to read:
 1323         394.4597 Persons to be notified; individual’s patient’s
 1324  representative.—
 1325         (1) VOLUNTARY ADMISSION PATIENTS.—At the time an individual
 1326  a patient is voluntarily admitted to a receiving or treatment
 1327  facility, the individual shall be asked to identify a person to
 1328  be notified in case of an emergency, and the identity and
 1329  contact information of that a person to be notified in case of
 1330  an emergency shall be entered in the patient’s clinical record.
 1331         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1332         (a) At the time an individual a patient is admitted to a
 1333  facility for involuntary examination or services placement, or
 1334  when a petition for involuntary services placement is filed, the
 1335  name, address, and telephone number names, addresses, and
 1336  telephone numbers of the individual’s patient’s guardian or
 1337  guardian advocate, health care surrogate or proxy, or
 1338  representative if he or she the patient has no guardian, and the
 1339  individual’s patient’s attorney shall be entered in the
 1340  patient’s clinical record.
 1341         (b) If the individual patient has no guardian, guardian
 1342  advocate, health care surrogate, or proxy, he or she the patient
 1343  shall be asked to designate a representative. If the individual
 1344  patient is unable or unwilling to designate a representative,
 1345  the facility shall select a representative.
 1346         (c) The individual patient shall be consulted with regard
 1347  to the selection of a representative by the receiving or
 1348  treatment facility and may shall have authority to request that
 1349  the any such representative be replaced.
 1350         (d) If When the receiving or treatment facility selects a
 1351  representative, first preference shall be given to a health care
 1352  surrogate, if one has been previously selected by the patient.
 1353  If the individual patient has not previously selected a health
 1354  care surrogate, the selection, except for good cause documented
 1355  in the patient’s clinical record, shall be made from the
 1356  following list in the order of listing:
 1357         1. The individual’s patient’s spouse.
 1358         2. An adult child of the individual patient.
 1359         3. A parent of the individual patient.
 1360         4. The adult next of kin of the individual patient.
 1361         5. An adult friend of the individual patient.
 1362         (e) The following persons are prohibited from selection as
 1363  an individual’s a patient’s representative:
 1364         1. A professional providing clinical services to the
 1365  individual patient under this part.
 1366         2. The licensed professional who initiated the involuntary
 1367  examination of the individual patient, if the examination was
 1368  initiated by professional certificate.
 1369         3. An employee, a volunteer, a contractor, an
 1370  administrator, or a board member of the facility providing the
 1371  examination of the individual patient.
 1372         4. An employee, a volunteer, a contractor, an
 1373  administrator, or a board member of a treatment facility
 1374  providing treatment for the individual patient.
 1375         5. A person providing any substantial professional services
 1376  to the individual patient, including clinical and nonclinical
 1377  services.
 1378         6. A creditor of the individual patient.
 1379         7. A person who is a party subject to an injunction for
 1380  protection against domestic violence under s. 741.30, whether
 1381  the order of injunction is temporary or final, and for which the
 1382  individual patient was the petitioner.
 1383         8. A person who is a party subject to an injunction for
 1384  protection against repeat violence, stalking, sexual violence,
 1385  or dating violence under s. 784.046, whether the order of
 1386  injunction is temporary or final, and for which the individual
 1387  patient was the petitioner.
 1388         (f)The representative selected by the individual or
 1389  designated by the facility has the right, authority, and
 1390  responsibility to:
 1391         1.Receive notice of the individual’s admission;
 1392         2.Receive notice of proceedings affecting the individual;
 1393         3.Have immediate access to the individual unless such
 1394  access is documented to be detrimental to the individual;
 1395         4.Receive notice of any restriction of the individual’s
 1396  right to communicate or receive visitors;
 1397         5.Receive a copy of the inventory of clothing and personal
 1398  effects upon the individual’s admission and to request an
 1399  amendment to the inventory at any time;
 1400         6.Receive disposition of the individual’s clothing and
 1401  personal effects if not returned to the individual, or to
 1402  approve an alternate plan;
 1403         7.Petition on behalf of the individual for a writ of
 1404  habeas corpus to question the cause and legality of the
 1405  individual’s detention or to allege that the individual is being
 1406  unjustly denied a right or privilege granted under this part, or
 1407  that a procedure authorized under this part is being abused;
 1408         8.Apply for a change of venue for the individual’s
 1409  involuntary services placement hearing for the convenience of
 1410  the parties or witnesses or because of the individual’s
 1411  condition;
 1412         9.Receive written notice of any restriction of the
 1413  individual’s right to inspect his or her clinical record;
 1414         10.Receive notice of the release of the individual from a
 1415  receiving facility where an involuntary examination was
 1416  performed;
 1417         11.Receive a copy of any petition for the individual’s
 1418  involuntary services filed with the court; and
 1419         12.Be informed by the court of the individual’s right to
 1420  an independent expert evaluation pursuant to involuntary
 1421  services procedures.
 1422         Section 12. Section 394.4598, Florida Statutes, is amended
 1423  to read:
 1424         394.4598 Guardian advocate.—
 1425         (1) The administrator may petition the court for the
 1426  appointment of a guardian advocate based upon the opinion of a
 1427  psychiatrist that an individual held for examination or admitted
 1428  for mental health treatment the patient is incompetent to
 1429  consent to treatment. If the court finds that the individual a
 1430  patient is incompetent to consent to treatment and has not been
 1431  adjudicated incapacitated and a guardian having with the
 1432  authority to consent to mental health or substance abuse
 1433  treatment has not been appointed, it shall appoint a guardian
 1434  advocate. The individual patient has the right to have an
 1435  attorney represent him or her at the hearing. If the individual
 1436  is not otherwise represented by counsel person is indigent, the
 1437  court shall appoint the office of the public defender to
 1438  represent him or her at the hearing. The individual patient has
 1439  the right to testify, cross-examine witnesses, and present
 1440  witnesses. The proceeding must shall be recorded either
 1441  electronically or stenographically, and testimony shall be
 1442  provided under oath. One of the professionals authorized to give
 1443  an opinion in support of a petition for involuntary services
 1444  placement, as described in s. 394.4655 or s. 394.467, shall must
 1445  testify. The A guardian advocate shall must meet the
 1446  qualifications of a guardian pursuant to contained in part IV of
 1447  chapter 744. A person may not be appointed as a guardian
 1448  advocate unless he or she agrees, except that a professional
 1449  referred to in this part, an employee of the facility providing
 1450  direct services to the patient under this part, a departmental
 1451  employee, a facility administrator, or member of the Florida
 1452  local advocacy council shall not be appointed. A person who is
 1453  appointed as a guardian advocate must agree to the appointment.
 1454         (2) The following persons are prohibited from being
 1455  appointed as an individual’s appointment as a patient’s guardian
 1456  advocate:
 1457         (a) A professional providing clinical services to the
 1458  individual patient under this part.
 1459         (b) The licensed professional who initiated the involuntary
 1460  examination of the individual patient, if the examination was
 1461  initiated by professional certificate.
 1462         (c) An employee, a contractor, a volunteer, an
 1463  administrator, or a board member of the facility providing the
 1464  examination of the individual patient.
 1465         (d) An employee, a contractor, a volunteer, an
 1466  administrator, or a board member of a treatment facility
 1467  providing treatment of the individual patient.
 1468         (e) A person providing any substantial professional
 1469  services, excluding public and professional guardians, to the
 1470  individual patient, including clinical and nonclinical services.
 1471         (f) A creditor of the individual patient.
 1472         (g) A party person subject to an injunction for protection
 1473  against domestic violence under s. 741.30, whether the order of
 1474  injunction is temporary or final, and for which the individual
 1475  patient was the petitioner.
 1476         (h) A party person subject to an injunction for protection
 1477  against repeat violence, stalking, sexual violence, or dating
 1478  violence under s. 784.046, whether the order of injunction is
 1479  temporary or final, and for which the individual patient was the
 1480  petitioner.
 1481         (3) A facility requesting appointment of a guardian
 1482  advocate shall, before must, prior to the appointment, provide
 1483  the prospective guardian advocate with information concerning
 1484  about the duties and responsibilities of guardian advocates,
 1485  including the information about the ethics of medical
 1486  decisionmaking. Before asking a guardian advocate to give
 1487  consent to treatment for an individual held for examination or
 1488  admitted for mental health treatment a patient, the facility
 1489  shall provide all disclosures required under s. 394.459(3)(a)2
 1490  to the guardian advocate sufficient information so that the
 1491  guardian advocate can decide whether to give express and
 1492  informed consent to the treatment, including information that
 1493  the treatment is essential to the care of the patient, and that
 1494  the treatment does not present an unreasonable risk of serious,
 1495  hazardous, or irreversible side effects. Before giving consent
 1496  to treatment, the guardian advocate shall must meet and talk
 1497  with the individual patient and the individual’s patient’s
 1498  physician face-to-face in person, if at all possible, and by
 1499  telephone, if not. The guardian advocate shall make every effort
 1500  to make decisions regarding treatment that he or she believes
 1501  the individual would have made under the circumstances if the
 1502  individual were capable of making such decision. The decision of
 1503  the guardian advocate may be reviewed by the court, upon
 1504  petition of the individual’s patient’s attorney, the
 1505  individual’s patient’s family, or the facility administrator.
 1506         (4) In lieu of the training required of guardians appointed
 1507  under pursuant to chapter 744, a guardian advocate must, at a
 1508  minimum, complete participate in a 4-hour training course
 1509  approved by the court before exercising his or her authority. At
 1510  a minimum, this training course must include information
 1511  concerning rights of the individual about patient rights,
 1512  psychotropic medications, the diagnosis of mental illness, the
 1513  ethics of medical decisionmaking, and duties of guardian
 1514  advocates.
 1515         (5) The required training course and the information
 1516  provided to be supplied to prospective guardian advocates before
 1517  their appointment must be developed by the department and,
 1518  approved by the chief judge of the circuit court, and taught by
 1519  a court-approved organization, which may include, but is not
 1520  limited to, a community college, a guardianship organization, a
 1521  local bar association, or The Florida Bar. The training course
 1522  may be web-based, provided in video format, or other electronic
 1523  means but must be capable of ensuring the identity and
 1524  participation of the prospective guardian advocate. The court
 1525  may waive some or all of the training requirements for guardian
 1526  advocates or impose additional requirements. The court shall
 1527  make its decision on a case-by-case basis and, in making its
 1528  decision, shall consider the experience and education of the
 1529  guardian advocate, the duties assigned to the guardian advocate,
 1530  and the needs of the individual subject to involuntary services
 1531  patient.
 1532         (6) In selecting a guardian advocate, the court shall give
 1533  preference to a health care surrogate, if one has already been
 1534  designated by the individual held for examination or admitted
 1535  for mental health treatment patient. If the individual patient
 1536  has not previously selected a health care surrogate, except for
 1537  good cause documented in the court record, the selection shall
 1538  be made from the following list in the order of listing:
 1539         (a) The individual’s patient’s spouse.
 1540         (b) An adult child of the individual patient.
 1541         (c) A parent of the individual patient.
 1542         (d) The adult next of kin of the individual patient.
 1543         (e) An adult friend of the individual patient.
 1544         (f) An adult trained and willing to serve as guardian
 1545  advocate for the individual patient.
 1546         (7) If a guardian having with the authority to consent to
 1547  medical treatment has not already been appointed or if the
 1548  individual held for examination or admitted for mental health
 1549  treatment patient has not already designated a health care
 1550  surrogate, the court may authorize the guardian advocate to
 1551  consent to medical treatment, as well as mental health and
 1552  substance abuse treatment. Unless otherwise limited by the
 1553  court, a guardian advocate who has with authority to consent to
 1554  medical treatment has shall have the same authority to make
 1555  health care decisions and is be subject to the same restrictions
 1556  as a proxy appointed under part IV of chapter 765.
 1557         (a) Unless the guardian advocate has sought and received
 1558  express court approval in proceeding separate from the
 1559  proceeding to determine the competence of the individual patient
 1560  to consent to medical treatment, the guardian advocate may not
 1561  consent to:
 1562         1.(a) Abortion.
 1563         2.(b) Sterilization.
 1564         3.(c) Electroconvulsive treatment.
 1565         4.(d) Psychosurgery.
 1566         5.(e) Experimental treatments that have not been approved
 1567  by a federally approved institutional review board in accordance
 1568  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 1569         (b) The court must base its decision on evidence that the
 1570  treatment or procedure is essential to the care of the patient
 1571  and that the treatment does not present an unreasonable risk of
 1572  serious, hazardous, or irreversible side effects. The court
 1573  shall follow the procedures set forth in subsection (1) of this
 1574  section.
 1575         (8) The guardian advocate shall be discharged when the
 1576  individual for whom he or she is appointed patient is discharged
 1577  from an order for involuntary services outpatient placement or
 1578  involuntary inpatient placement or when the individual patient
 1579  is transferred from involuntary to voluntary status. The court
 1580  or a hearing officer shall consider the competence of the
 1581  individual patient pursuant to subsection (1) and may consider
 1582  the competence to consent to treatment of an individual on
 1583  involuntary status an involuntarily placed patient’s competence
 1584  to consent to treatment at any hearing. Upon sufficient
 1585  evidence, the court may restore the individual’s, or the hearing
 1586  officer may recommend that the court restore, the patient’s
 1587  competence. A copy of the order restoring competence or the
 1588  certificate of discharge containing the restoration of
 1589  competence shall be provided to the individual patient and the
 1590  guardian advocate.
 1591         Section 13. Paragraphs (c) and (d) of subsection (2) of
 1592  section 394.4599, Florida Statutes, are amended to read:
 1593         394.4599 Notice.—
 1594         (2) INVOLUNTARY ADMISSION.—
 1595         (c)1. A receiving facility shall give notice of the
 1596  whereabouts of a minor who is being involuntarily held for
 1597  examination pursuant to s. 394.463 to the minor’s parent,
 1598  guardian, caregiver, or guardian advocate, in person or by
 1599  telephone or other form of electronic communication, immediately
 1600  after the minor’s arrival at the facility. The facility may
 1601  delay notification for no more than 24 hours after the minor’s
 1602  arrival if the facility has submitted a report to the central
 1603  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 1604  suspicion of abuse, abandonment, or neglect and if the facility
 1605  deems a delay in notification to be in the minor’s best
 1606  interest.
 1607         2. The receiving facility shall attempt to notify the
 1608  minor’s parent, guardian, caregiver, or guardian advocate until
 1609  the receiving facility receives confirmation from the parent,
 1610  guardian, caregiver, or guardian advocate, verbally, by
 1611  telephone or other form of electronic communication, or by
 1612  recorded message, that notification has been received. Attempts
 1613  to notify the parent, guardian, caregiver, or guardian advocate
 1614  must be repeated at least once every hour during the first 12
 1615  hours after the minor’s arrival and once every 24 hours
 1616  thereafter and must continue until such confirmation is
 1617  received, unless the minor is released at the end of the 72-hour
 1618  examination period, or until a petition for involuntary services
 1619  is filed with the court pursuant to s. 394.463(2)(f)
 1620  394.463(2)(g). The receiving facility may seek assistance from a
 1621  law enforcement agency to notify the minor’s parent, guardian,
 1622  caregiver, or guardian advocate if the facility has not received
 1623  within the first 24 hours after the minor’s arrival a
 1624  confirmation by the parent, guardian, caregiver, or guardian
 1625  advocate that notification has been received. The receiving
 1626  facility must document notification attempts in the minor’s
 1627  clinical record.
 1628         (d) The written notice of the filing of the petition for
 1629  involuntary services for an individual being held must contain
 1630  the following:
 1631         1. Notice that the petition for:
 1632         a. involuntary services inpatient treatment pursuant to s.
 1633  394.467 has been filed with the circuit court in the county in
 1634  which the individual is hospitalized and the address of such
 1635  court; or
 1636         b.Involuntary outpatient services pursuant to s. 394.4655
 1637  has been filed with the criminal county court, as defined in s.
 1638  394.4655(1), or the circuit court, as applicable, in the county
 1639  in which the individual is hospitalized and the address of such
 1640  court.
 1641         2. Notice that the office of the public defender has been
 1642  appointed to represent the individual in the proceeding, if the
 1643  individual is not otherwise represented by counsel.
 1644         3. The date, time, and place of the hearing and the name of
 1645  each examining expert and every other person expected to testify
 1646  in support of continued detention.
 1647         4. Notice that the individual, the individual’s guardian,
 1648  guardian advocate, health care surrogate or proxy, or
 1649  representative, or the administrator may apply for a change of
 1650  venue for the convenience of the parties or witnesses or because
 1651  of the condition of the individual.
 1652         5. Notice that the individual is entitled to an independent
 1653  expert examination and, if the individual cannot afford such an
 1654  examination, that the court will provide for one.
 1655         Section 14. Section 394.460, Florida Statutes, is repealed.
 1656         Section 15. Section 394.461, Florida Statutes, is amended
 1657  to read:
 1658         394.461 Designation of receiving and treatment facilities
 1659  and receiving systems.—The department may is authorized to
 1660  designate and monitor receiving facilities, treatment
 1661  facilities, and receiving systems and may suspend or withdraw
 1662  such designation for failure to comply with this part and rules
 1663  adopted under this part. Only governmental facilities and
 1664  facilities Unless designated by the department may, facilities
 1665  are not permitted to hold or treat individuals on an involuntary
 1666  basis patients under this part.
 1667         (1) RECEIVING FACILITY.—The department may designate any
 1668  community facility as a receiving facility. Any other facility
 1669  within the state, including a private facility, as a receiving
 1670  facility if or a federal facility, may be so designated by the
 1671  department, provided that such designation is agreed to by the
 1672  governing body or authority of the facility.
 1673         (2) TREATMENT FACILITY.—The department may designate any
 1674  state-owned, state-operated, or state-supported facility as a
 1675  state treatment facility. An individual may A civil patient
 1676  shall not be admitted to a civil state treatment facility
 1677  without previously undergoing a transfer evaluation. Before a
 1678  court hearing for involuntary services placement in a state
 1679  treatment facility, the court shall receive and consider the
 1680  information documented in the transfer evaluation. Any other
 1681  facility, including a private facility or a governmental federal
 1682  facility, may be designated as a treatment facility by the
 1683  department, if the provided that such designation is agreed to
 1684  by the appropriate governing body or authority of the facility.
 1685         (3)GOVERNMENTAL FACILITIES.—Governmental facilities may
 1686  provide voluntary and involuntary mental health or substance
 1687  abuse examination and treatment for individuals in their care
 1688  and custody using the procedures provided in this part and shall
 1689  protect the rights of these individuals.
 1690         (4)(3) PRIVATE FACILITIES.—Private facilities designated as
 1691  receiving and treatment facilities by the department may provide
 1692  examination and treatment of individuals on an involuntary or
 1693  voluntary basis are subject to involuntary patients, as well as
 1694  voluntary patients, and are subject to all the provisions of
 1695  this part.
 1696         (5)(4) REPORTING REQUIREMENTS.—
 1697         (a) A facility designated as a public receiving or
 1698  treatment facility under this section shall report to the
 1699  department individual-level encounter data, as specified by
 1700  rule, as part of the service event record, even if such on an
 1701  annual basis the following data, unless these data are currently
 1702  being submitted to the Agency for Health Care Administration.
 1703  The individual level encounter data must be submitted to the
 1704  department by the 15th day of the month following the month in
 1705  which the facility collects the data.
 1706         (b)A facility designated as a public receiving or
 1707  treatment facility under this section shall submit to the
 1708  department no later than 90 days after the end of the facility’s
 1709  fiscal year the following aggregate data, even if such data are
 1710  currently being submitted to the agency:
 1711         1. Number of licensed beds available by payor class.
 1712         2.Number of contract days.
 1713         3.Number of admissions by payor class and diagnoses.
 1714         2.4.Contracted bed day unit cost Number of bed days by
 1715  payor class.
 1716         3.5. Average length of stay by payor class.
 1717         4.6. Total revenue revenues by payor class.
 1718         (c)(b) For the purposes of this subsection, “payor class”
 1719  means Medicare, Medicare HMO, Medicaid, Medicaid HMO, private
 1720  pay health insurance, private-pay health maintenance
 1721  organization, private preferred provider organization, the
 1722  Department of Children and Families, other government programs,
 1723  self-pay individuals patients, and charity care.
 1724         (d)(c) The data required under this subsection shall be
 1725  submitted to the department within no later than 90 days after
 1726  following the end of the facility’s fiscal year. A facility
 1727  designated as a public receiving or treatment facility shall
 1728  submit its initial report for the 6-month period ending June 30,
 1729  2008.
 1730         (e)(d) The department shall issue an annual report based on
 1731  the data collected required pursuant to this subsection, which
 1732  must include data by facility. The report shall include
 1733  individual facilities’ data, as well as statewide totals. The
 1734  report shall be submitted to the Governor, the President of the
 1735  Senate, and the Speaker of the House of Representatives.
 1736         (6)(5) RECEIVING SYSTEM.—The department shall designate as
 1737  a receiving system one or more facilities serving a defined
 1738  geographic area developed pursuant to s. 394.4573 which is
 1739  responsible for assessment and evaluation, both voluntary and
 1740  involuntary, and treatment, stabilization, or triage for
 1741  patients who have a mental illness, a substance use disorder, or
 1742  co-occurring disorders. Any transportation plans developed
 1743  pursuant to s. 394.462 must support the operation of the
 1744  receiving system.
 1745         (7)(6) RULES.—The department may adopt rules relating to:
 1746         (a) Procedures and criteria for receiving and evaluating
 1747  facility applications for designation as a receiving or
 1748  treatment facility, which may include an onsite facility
 1749  inspection and evaluation of an applicant’s licensing status and
 1750  performance history, as well as consideration of local service
 1751  needs.
 1752         (b) Minimum standards consistent with this part which that
 1753  a facility must meet and maintain in order to be designated as a
 1754  receiving or treatment facility and procedures for monitoring
 1755  continued adherence to such standards.
 1756         (c) Procedures and criteria for designating receiving
 1757  systems which may include consideration of the adequacy of
 1758  services provided by facilities within the receiving system to
 1759  meet the needs of the geographic area using available resources.
 1760         (d) Procedures for receiving complaints against a
 1761  designated facility or designated receiving system and for
 1762  initiating inspections and investigations of facilities or
 1763  receiving systems alleged to have violated the provisions of
 1764  this part or rules adopted under this part.
 1765         (e) Procedures and criteria for the suspension or
 1766  withdrawal of designation as a receiving or treatment facility
 1767  or receiving system.
 1768         Section 16. Section 394.4615, Florida Statutes, is amended
 1769  to read:
 1770         394.4615 Clinical records; confidentiality.—
 1771         (1) A clinical record shall be maintained for each
 1772  individual held for examination or admitted for treatment under
 1773  this part patient. The record must shall include data pertaining
 1774  to admission and such other information as may be required under
 1775  rules of the department. A clinical record is confidential and
 1776  exempt from the provisions of s. 119.07(1). Unless waived by the
 1777  express and informed consent of the individual, his or her, by
 1778  the patient or the patient’s guardian or guardian advocate, his
 1779  or her health care surrogate or proxy, or, if the patient is
 1780  deceased, by his or her the patient’s personal representative or
 1781  the family member who stands next in line of intestate
 1782  succession, the confidential status of the clinical record is
 1783  shall not be lost by either authorized or unauthorized
 1784  disclosure to any person, organization, or agency.
 1785         (2) The clinical record of an individual held for
 1786  examination or admitted for treatment under this part shall be
 1787  released if when:
 1788         (a) The individual patient or the individual’s patient’s
 1789  guardian, guardian advocate, or health care surrogate or proxy
 1790  authorizes the release. The guardian, or guardian advocate, or
 1791  health care surrogate or proxy, shall be provided access to the
 1792  appropriate clinical records of the patient. The individual
 1793  patient or the individual’s patient’s guardian, or guardian
 1794  advocate, health care surrogate or proxy may authorize the
 1795  release of information and clinical records to appropriate
 1796  persons to ensure the continuity of the individual’s patient’s
 1797  health care or mental health care.
 1798         (b) The individual patient is represented by counsel and
 1799  the records are needed by such the patient’s counsel for
 1800  adequate representation.
 1801         (c)A petition for involuntary services is filed and the
 1802  records are needed by the state attorney to evaluate the
 1803  sufficiency of the petition or to prosecute the petition.
 1804  However, the state attorney may not use clinical records
 1805  obtained under this part for the purpose of criminal
 1806  investigation or prosecution, or for any other purpose not
 1807  authorized in this part.
 1808         (d)(c) The court orders such release. In determining
 1809  whether there is good cause for disclosure, the court shall
 1810  weigh the need for the information to be disclosed against the
 1811  possible harm of disclosure to the individual person to whom
 1812  such information pertains.
 1813         (e)(d) The individual patient is committed to, or is to be
 1814  returned to, the Department of Corrections from the Department
 1815  of Children and Families, and the Department of Corrections
 1816  requests the such records. The These records shall be furnished
 1817  without charge to the Department of Corrections.
 1818         (3) Information from the clinical record may be released if
 1819  in the following circumstances:
 1820         (a) The individual When a patient has declared an intention
 1821  to harm self or others other persons. If the When such
 1822  declaration has been made, the administrator may authorize the
 1823  release of sufficient information to prevent harm provide
 1824  adequate warning to the person threatened with harm by the
 1825  patient.
 1826         (b) When The administrator of the facility or secretary of
 1827  the department deems that release to a qualified researcher as
 1828  defined in administrative rule, an aftercare treatment provider,
 1829  or an employee or agent of the department is necessary for
 1830  treatment of the individual patient, maintenance of adequate
 1831  records, compilation of treatment data, aftercare planning, or
 1832  evaluation of programs.
 1833         (c)The information is necessary for the purpose of
 1834  determining whether an individual a person meets the criteria
 1835  for involuntary services. In such circumstances outpatient
 1836  placement or for preparing the proposed treatment plan pursuant
 1837  to s. 394.4655, the clinical record may be released to the state
 1838  attorney, the public defender or the individual’s patient’s
 1839  private legal counsel, the court, and to the appropriate mental
 1840  health professionals, including the service provider identified
 1841  in s. 394.4655(7)(b)2., in accordance with state and federal
 1842  law.
 1843         (4) Information from clinical records may be used for
 1844  statistical and research purposes if the information is
 1845  abstracted in such a way as to protect the identity of
 1846  individuals served and meets the requirements of department
 1847  rules.
 1848         (5) Information from clinical records may be used by the
 1849  Agency for Health Care Administration and, the department, and
 1850  the Florida advocacy councils for the purpose of monitoring
 1851  facility activity and investigating complaints concerning
 1852  facilities.
 1853         (6) Clinical records relating to a Medicaid recipient shall
 1854  be furnished to the Medicaid Fraud Control Unit of the Attorney
 1855  General’s Office in the Department of Legal Affairs, upon
 1856  request.
 1857         (7) Any person, agency, or entity receiving information
 1858  pursuant to this section shall maintain such information as
 1859  confidential and exempt from the provisions of s. 119.07(1).
 1860         (8) Any facility or private mental health practitioner who
 1861  acts in good faith in releasing information pursuant to this
 1862  section is not subject to civil or criminal liability for such
 1863  release.
 1864         (9) Nothing in This section does not is intended to
 1865  prohibit the parent or next of kin of an individual who is held
 1866  for examination or admitted for treatment under this part a
 1867  person who is held in or treated under a mental health facility
 1868  or program from requesting and receiving information limited to
 1869  a summary of that individual’s person’s treatment plan and
 1870  current physical and mental condition. Release of such
 1871  information must shall be in accordance with the code of ethics
 1872  of the profession involved.
 1873         (10) An individual held for examination or admitted for
 1874  treatment Patients shall have reasonable access to his or her
 1875  their clinical records, unless such access is determined by the
 1876  individual’s patient’s physician to be harmful to the individual
 1877  patient. If the individual’s patient’s right to inspect his or
 1878  her clinical record is restricted by the facility, written
 1879  notice of the such restriction must shall be given to the
 1880  individual and his or her patient and the patient’s guardian,
 1881  guardian advocate, attorney, health care surrogate or proxy, or
 1882  and representative. In addition, the restriction must shall be
 1883  recorded in the clinical record, together with the reasons for
 1884  it. The restriction expires of a patient’s right to inspect his
 1885  or her clinical record shall expire after 7 days but may be
 1886  renewed, after review, for subsequent 7-day periods.
 1887         (11) Any person who fraudulently alters, defaces, or
 1888  falsifies the clinical record of an individual any person
 1889  receiving mental health services in a facility subject to this
 1890  part, or causes or procures any of these offenses to be
 1891  committed, commits a misdemeanor of the second degree,
 1892  punishable as provided in s. 775.082 or s. 775.083.
 1893         Section 17. Section 394.462, Florida Statutes, is amended
 1894  to read:
 1895         394.462 Transportation.—A transportation plan shall be
 1896  developed and implemented by each county by July 1, 2017, in
 1897  collaboration with the managing entity in accordance with this
 1898  section. A county may enter into a memorandum of understanding
 1899  with the governing boards of nearby counties to establish a
 1900  shared transportation plan. When multiple counties enter into a
 1901  memorandum of understanding for this purpose, the counties shall
 1902  notify the managing entity and provide it with a copy of the
 1903  agreement. The transportation plan shall describe methods of
 1904  transport to a facility within the designated receiving system
 1905  for individuals subject to involuntary examination under s.
 1906  394.463 or involuntary admission under s. 397.6772, s. 397.679,
 1907  s. 397.6798, or s. 397.6811, and may identify responsibility for
 1908  other transportation to a participating facility when necessary
 1909  and agreed to by the facility. The plan may rely on emergency
 1910  medical transport services or private transport companies, as
 1911  appropriate. The plan shall comply with the transportation
 1912  provisions of this section and ss. 397.6772, 397.6795, 397.6822,
 1913  and 397.697.
 1914         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
 1915         (a) Each county shall designate a single law enforcement
 1916  agency within the county, or portions thereof, to take an
 1917  individual a person into custody upon the initiation of an
 1918  involuntary mental health examination and to transport that
 1919  individual entry of an ex parte order or the execution of a
 1920  certificate for involuntary examination by an authorized
 1921  professional and to transport that person to the appropriate
 1922  facility, excluding a governmental facility, within the
 1923  designated receiving system pursuant to a transportation plan or
 1924  an exception under subsection (4), or to the nearest receiving
 1925  facility if neither apply. However, if the law enforcement
 1926  officer providing transportation believes that the individual is
 1927  eligible for services provided by the United States Department
 1928  of Veterans Affairs, the officer may transport the individual to
 1929  a facility operated by the United States Department of Veterans
 1930  Affairs.
 1931         (b)A law enforcement officer acting in good faith pursuant
 1932  to this part may not be held criminally or civilly liable for
 1933  false imprisonment.
 1934         (c)(b)1. The designated law enforcement agency may decline
 1935  to transport the individual person to a receiving facility only
 1936  if:
 1937         1.a. The county or jurisdiction designated by the county
 1938  has contracted on an annual basis with an emergency medical
 1939  transport service or private transport company for
 1940  transportation of individuals persons to receiving facilities.
 1941  pursuant to this section at the sole cost of the county; and
 1942         2.b. The law enforcement agency and the emergency medical
 1943  transport service or private transport company agree that the
 1944  continued presence of law enforcement personnel is not necessary
 1945  for the safety of the individual being transported person or
 1946  others.
 1947         3.2. The entity providing transportation may seek
 1948  reimbursement for transportation expenses. The party responsible
 1949  for payment for such transportation is the person receiving the
 1950  transportation. The county shall seek reimbursement from the
 1951  following sources in the following order:
 1952         a. From a private or public third-party payor, if the
 1953  individual being transported person receiving the transportation
 1954  has applicable coverage.
 1955         b. From the individual being transported person receiving
 1956  the transportation.
 1957         c. From a financial settlement for medical care, treatment,
 1958  hospitalization, or transportation payable or accruing to the
 1959  injured party.
 1960         (d)(c) A company that transports an individual a patient
 1961  pursuant to this subsection is considered an independent
 1962  contractor and is solely liable for the safe and dignified
 1963  transport of the individual patient. The Such company must be
 1964  insured and maintain at least provide no less than $100,000 in
 1965  liability insurance with respect to such the transport of
 1966  patients.
 1967         (d)Any company that contracts with a governing board of a
 1968  county to transport patients shall comply with the applicable
 1969  rules of the department to ensure the safety and dignity of
 1970  patients.
 1971         (e) If When a law enforcement officer takes custody of an
 1972  individual a person pursuant to this part, the officer may
 1973  request assistance from emergency medical personnel if the such
 1974  assistance is needed for the safety of the officer or the
 1975  individual person in custody.
 1976         (f) If When a member of a mental health overlay program or
 1977  a mobile crisis response service who is a professional
 1978  authorized to initiate an involuntary examination pursuant to s.
 1979  394.463 or s. 397.675 and that professional evaluates an
 1980  individual a person and determines that transportation to a
 1981  receiving facility is needed, the service, at its discretion,
 1982  may transport the individual person to the facility or may call
 1983  on the law enforcement agency or other transportation
 1984  arrangement best suited to the needs of the individual being
 1985  transported patient.
 1986         (g) If a When any law enforcement officer has custody of an
 1987  individual a person based on a misdemeanor or a felony, other
 1988  than a forcible felony as defined in s. 776.08, who either
 1989  noncriminal or minor criminal behavior that meets the statutory
 1990  guidelines for involuntary examination pursuant to s. 394.463,
 1991  the law enforcement officer shall transport the individual
 1992  person to the appropriate facility within the designated
 1993  receiving system pursuant to a transportation plan or an
 1994  exception under subsection (4), or to the nearest receiving
 1995  facility if neither apply. Individuals Persons who meet the
 1996  statutory guidelines for involuntary admission pursuant to s.
 1997  397.675 may also be transported by law enforcement officers to
 1998  the extent resources are available and as otherwise provided by
 1999  law. Such persons shall be transported to an appropriate
 2000  facility within the designated receiving system pursuant to a
 2001  transportation plan or an exception under subsection (4), or to
 2002  the nearest facility if neither apply.
 2003         (h) If a When any law enforcement officer has arrested an
 2004  individual a person for a forcible felony, as defined in s.
 2005  776.08, and it appears that the individual person meets the
 2006  criteria statutory guidelines for involuntary examination or
 2007  placement under this part, the individual such person must first
 2008  be processed in the same manner as any other criminal suspect.
 2009  The law enforcement agency shall thereafter immediately notify
 2010  the appropriate facility within the designated receiving system
 2011  pursuant to a transportation plan or an exception under
 2012  subsection (4), or to the nearest receiving facility if neither
 2013  apply. The receiving facility shall be responsible for promptly
 2014  arranging for the examination and treatment of the individual
 2015  person. A receiving facility is not required to admit an
 2016  individual a person charged with a forcible felony, as defined
 2017  in s. 776.08, crime for whom the facility determines and
 2018  documents that it is unable to provide adequate security, but
 2019  shall provide examination and treatment to the individual person
 2020  where he or she is held.
 2021         (i) If the appropriate law enforcement officer believes
 2022  that an individual a person has an emergency medical condition
 2023  as defined in s. 395.002, the individual person may be first
 2024  transported to a hospital for emergency medical treatment,
 2025  regardless of whether the hospital is a designated receiving
 2026  facility.
 2027         (j) The costs of transportation, evaluation,
 2028  hospitalization, and treatment incurred under this subsection by
 2029  an individual who was persons who have been arrested for a
 2030  violation violations of any state law or county or municipal
 2031  ordinance may be recovered as provided in s. 901.35.
 2032         (k) The appropriate facility within the designated
 2033  receiving system pursuant to a transportation plan or an
 2034  exception under subsection (4), or the nearest receiving
 2035  facility if neither apply, must accept an individual persons
 2036  brought by law enforcement officers, or an emergency medical
 2037  transport service or a private transport company authorized by
 2038  the county, for involuntary examination pursuant to s. 394.463.
 2039  The original of the form initiating the involuntary examination
 2040  is not required for a receiving facility to accept such an
 2041  individual or for transfers from one facility to another.
 2042         (l) The appropriate facility within the designated
 2043  receiving system pursuant to a transportation plan or an
 2044  exception under subsection (4), or the nearest receiving
 2045  facility if neither apply, must provide persons brought by law
 2046  enforcement officers, or an emergency medical transport service
 2047  or a private transport company authorized by the county,
 2048  pursuant to s. 397.675, a basic screening or triage sufficient
 2049  to refer the person to the appropriate services.
 2050         (m) Each law enforcement agency designated pursuant to
 2051  paragraph (a) shall establish a policy that reflects a single
 2052  set of protocols for the safe and secure transportation and
 2053  transfer of custody of the individual person. Each law
 2054  enforcement agency shall provide a copy of the protocols to the
 2055  managing entity.
 2056         (n) If When a jurisdiction has entered into a contract with
 2057  an emergency medical transport service or a private transport
 2058  company for transportation of individuals persons to facilities
 2059  within the designated receiving system, such service or company
 2060  shall be given preference for transportation of individuals
 2061  persons from nursing homes, assisted living facilities, adult
 2062  day care centers, or adult family-care homes, unless the
 2063  behavior of the individual person being transported is such that
 2064  transportation by a law enforcement officer is necessary.
 2065         (o) This section does not may not be construed to limit
 2066  emergency examination and treatment of incapacitated persons
 2067  provided in accordance with s. 401.445.
 2068         (p)A law enforcement officer may transport an individual
 2069  who appears to meet the criteria for voluntary admission under
 2070  s. 394.4625(1)(a) to a receiving facility at the individual’s
 2071  request.
 2072         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
 2073         (a) If the individual held for examination or admitted for
 2074  treatment under this part or neither the patient nor any person
 2075  legally obligated or responsible for the individual patient is
 2076  not able to pay for the expense of transporting an individual a
 2077  voluntary or involuntary patient to a treatment facility, the
 2078  transportation plan established by the governing board of the
 2079  county or counties must specify how the hospitalized patient
 2080  will be transported to, from, and between facilities in a safe
 2081  and dignified manner.
 2082         (b) A company that transports an individual a patient
 2083  pursuant to this subsection is considered an independent
 2084  contractor and is solely liable for the safe and dignified
 2085  transportation of the individual patient. The Such company must
 2086  be insured and provide at least no less than $100,000 in
 2087  liability insurance for such with respect to the transport of
 2088  patients.
 2089         (c)A company that contracts with one or more counties to
 2090  transport patients in accordance with this section shall comply
 2091  with the applicable rules of the department to ensure the safety
 2092  and dignity of patients.
 2093         (c)(d) County or municipal law enforcement and correctional
 2094  personnel and equipment may not be used to transport an
 2095  individual patients adjudicated incapacitated or found by the
 2096  court to meet the criteria for involuntary services under
 2097  placement pursuant to s. 394.467, except in small rural counties
 2098  where there are no cost-efficient alternatives.
 2099         (3) TRANSFER OF CUSTODY.—Custody of an individual a person
 2100  who is transported pursuant to this part and, along with related
 2101  documentation, shall be relinquished to a responsible person
 2102  individual at the appropriate receiving or treatment facility.
 2103         (4) EXCEPTIONS.—An exception to the requirements of this
 2104  section may be granted by the secretary of the department for
 2105  the purposes of improving service coordination or better meeting
 2106  the special needs of individuals. A proposal for an exception
 2107  shall must be submitted to the department after being approved
 2108  by the governing boards of any affected counties.
 2109         (a) A proposal for an exception must identify the specific
 2110  provision from which an exception is requested; describe how the
 2111  proposal will be implemented by participating law enforcement
 2112  agencies and transportation authorities; and provide a plan for
 2113  the coordination of services.
 2114         (b) An The exception may be granted only for:
 2115         1. An arrangement centralizing and improving the provision
 2116  of services within a county, circuit, or local area district,
 2117  which may include an exception to the requirement for
 2118  transportation to the nearest receiving facility;
 2119         2. An arrangement whereby by which a facility may provide,
 2120  in addition to required psychiatric or substance use disorder
 2121  services, an environment and services that which are uniquely
 2122  tailored to the needs of an identified group of individuals who
 2123  have persons with special needs, such as persons who have with
 2124  hearing impairments or visual impairments, or elderly persons
 2125  who have with physical frailties; or
 2126         3. A specialized transportation system that provides an
 2127  efficient and humane method of transporting individuals patients
 2128  to and among receiving facilities, among receiving facilities,
 2129  and to treatment facilities.
 2130  
 2131  The exceptions provided in this subsection shall expire on June
 2132  30, 2017, and no new exceptions shall be granted after that
 2133  date. After June 30, 2017, the transport of a patient to a
 2134  facility that is not the nearest facility must be made pursuant
 2135  to a plan as provided in this section.
 2136         Section 18. Section 394.4625, Florida Statutes, is amended
 2137  to read:
 2138         394.4625 Voluntary admissions.—
 2139         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
 2140  PATIENTS.—
 2141         (a) In order to be admitted to a facility on a voluntary
 2142  basis:
 2143         1.An individual must show evidence of mental illness.
 2144         2.An individual must be suitable for treatment by the
 2145  facility.
 2146         3.An adult must provide express and informed consent, and
 2147  must be competent to do so.
 2148         4.A minor may only be admitted on the basis of the express
 2149  and informed consent of the minor’s guardian in conjunction with
 2150  the assent of the minor.
 2151         a.The assent of the minor is an affirmative agreement by
 2152  the minor to remain at the facility for examination or
 2153  treatment. Mere failure to object is not assent.
 2154         b.The minor’s assent must be verified through a clinical
 2155  assessment that is documented in the clinical record and
 2156  conducted within 12 hours after arrival at the facility by a
 2157  licensed professional authorized to initiate an involuntary
 2158  examination pursuant to s. 394.463.
 2159         c.In verifying the minor’s assent, the examining
 2160  professional must first provide the minor with an explanation as
 2161  to why the minor will be examined and treated, what the minor
 2162  can expect while in the facility, and when the minor may expect
 2163  to be released, using language that is appropriate to the
 2164  minor’s age, experience, maturity, and condition. The examining
 2165  professional must determine and document that the minor is able
 2166  to understand this information.
 2167         d.Unless the minor’s assent is verified pursuant to this
 2168  section, a petition for involuntary services must be filed with
 2169  the court or the minor must be released to his or her guardian
 2170  within 24 hours after arrival A facility may receive for
 2171  observation, diagnosis, or treatment any person 18 years of age
 2172  or older making application by express and informed consent for
 2173  admission or any person age 17 or under for whom such
 2174  application is made by his or her guardian. If found to show
 2175  evidence of mental illness, to be competent to provide express
 2176  and informed consent, and to be suitable for treatment, such
 2177  person 18 years of age or older may be admitted to the facility.
 2178  A person age 17 or under may be admitted only after a hearing to
 2179  verify the voluntariness of the consent.
 2180         (b) A mental health overlay program or a mobile crisis
 2181  response service or a licensed professional who is authorized to
 2182  initiate an involuntary examination pursuant to s. 394.463 and
 2183  is employed by a community mental health center or clinic shall
 2184  must, pursuant to district procedure approved by the respective
 2185  district administrator, conduct an initial assessment of the
 2186  ability of the following individuals persons to give express and
 2187  informed consent to treatment before such individuals persons
 2188  may be admitted voluntarily:
 2189         1. An individual A person 60 years of age or older for whom
 2190  transfer is being sought from a nursing home, assisted living
 2191  facility, adult day care center, or adult family-care home, if
 2192  the individual when such person has been diagnosed with as
 2193  suffering from dementia.
 2194         2. An individual A person 60 years of age or older for whom
 2195  transfer is being sought from a nursing home pursuant to s.
 2196  400.0255(11) 400.0255(12).
 2197         3. An individual who resides in a facility licensed under
 2198  chapter 400 or chapter 429 A person for whom all decisions
 2199  concerning medical treatment are currently being lawfully made
 2200  by a the health care surrogate or proxy designated under chapter
 2201  765.
 2202         (c) If When an initial assessment of the ability of an
 2203  individual a person to give express and informed consent to
 2204  treatment is required under this part section, and a mobile
 2205  crisis response service does not respond to the request for an
 2206  assessment within 2 hours after the request is made or informs
 2207  the requesting facility that it will not be able to respond
 2208  within 2 hours after the request is made, the requesting
 2209  facility may arrange for assessment by a any licensed
 2210  professional authorized to initiate an involuntary examination
 2211  under pursuant to s. 394.463. The professional may not be who is
 2212  not employed by, or under contract with, or and does not have a
 2213  financial interest in, either the facility initiating the
 2214  transfer or the receiving facility to which the transfer may be
 2215  made and may not have a financial interest in the outcome of the
 2216  assessment.
 2217         (d) A facility may not admit an individual on voluntary
 2218  status or transfer an individual to voluntary status as a
 2219  voluntary patient a person who has been adjudicated
 2220  incapacitated, unless the condition of incapacity has been
 2221  judicially removed, except when a court authorized a legal
 2222  guardian in strict adherence to s. 744.3725. If a facility
 2223  admits an individual on voluntary status who is later determined
 2224  to have been adjudicated incapacitated, the facility shall
 2225  discharge the individual or transfer the individual to
 2226  involuntary status unless there is a court order pursuant to s.
 2227  744.3725 as a voluntary patient a person who is later determined
 2228  to have been adjudicated incapacitated, and the condition of
 2229  incapacity had not been removed by the time of the admission,
 2230  the facility must either discharge the patient or transfer the
 2231  patient to involuntary status.
 2232         (e) The health care surrogate or proxy of an individual on
 2233  voluntary status a voluntary patient may not consent to the
 2234  provision of mental health treatment for that individual the
 2235  patient. An individual on voluntary status A voluntary patient
 2236  who is unwilling or unable to provide express and informed
 2237  consent to mental health treatment must either be discharged or
 2238  transferred to involuntary status.
 2239         (f) Within 24 hours after an individual’s voluntary
 2240  admission, a physician or psychologist admission of a voluntary
 2241  patient, the admitting physician shall document in the patient’s
 2242  clinical record whether the individual that the patient is able
 2243  to give express and informed consent for admission. If the
 2244  individual patient is not able to give express and informed
 2245  consent for admission, the facility must shall either discharge
 2246  the patient or transfer the individual patient to involuntary
 2247  status pursuant to subsection (5).
 2248         (2) RELEASE OR DISCHARGE OF VOLUNTARY PATIENTS.—
 2249         (a) A facility shall discharge an individual on voluntary
 2250  status who a voluntary patient:
 2251         1. Who Has sufficiently improved so that retention in the
 2252  facility is no longer clinically appropriate desirable. The
 2253  individual A patient may also be discharged to the care of a
 2254  community facility.
 2255         2. Has revoked Who revokes consent to admission or requests
 2256  discharge. The individual or his or her A voluntary patient or a
 2257  relative, friend, or attorney of the patient may request
 2258  discharge either orally or in writing at any time following
 2259  admission to the facility. The patient must be discharged within
 2260  24 hours after of the request, unless the request is rescinded
 2261  or the individual patient is transferred to involuntary status
 2262  pursuant to this section. The 24-hour time period may be
 2263  extended by a treatment facility if when necessary for adequate
 2264  discharge planning, but may shall not exceed 3 days excluding
 2265  exclusive of weekends and holidays. If the individual patient,
 2266  or another on the individual’s patient’s behalf, makes an oral
 2267  request for discharge to a staff member, the such request must
 2268  shall be immediately entered in the patient’s clinical record.
 2269  If the request for discharge is made by a person other than the
 2270  individual patient, the discharge may be conditioned upon the
 2271  individual’s express and informed consent of the patient.
 2272         (b) An individual on voluntary status A voluntary patient
 2273  who has been admitted to a facility and who refuses to consent
 2274  to or revokes consent to treatment must shall be discharged
 2275  within 24 hours after such refusal or revocation, unless he or
 2276  she is transferred to involuntary status pursuant to this
 2277  section or unless the refusal or revocation is freely and
 2278  voluntarily rescinded by the individual patient.
 2279         (c)An individual on voluntary status who is currently
 2280  charged with a crime shall be discharged to the custody of a law
 2281  enforcement officer upon release or discharge from a facility,
 2282  unless the individual has been released from law enforcement
 2283  custody by posting of a bond, by a pretrial conditional release,
 2284  or by other judicial release.
 2285         (3) NOTICE OF RIGHT TO DISCHARGE.—At the time of admission
 2286  and at least every 3 6 months thereafter, an individual on
 2287  voluntary status a voluntary patient shall be notified in
 2288  writing of his or her right to apply for a discharge.
 2289         (4) TRANSFER TO VOLUNTARY STATUS.—An individual on
 2290  involuntary status who has been assessed and certified by a
 2291  physician or psychologist as competent to provideor refuse to
 2292  provide express and informed consent and involuntary patient who
 2293  applies to be transferred to voluntary status shall be
 2294  transferred to voluntary status immediately, unless the
 2295  individual has been ordered to involuntary services patient has
 2296  been charged with a crime, or has been involuntarily placed for
 2297  treatment by a court pursuant to s. 394.467 and continues to
 2298  meet the criteria for involuntary services placement. When
 2299  transfer to voluntary status occurs, notice shall be given as
 2300  provided in s. 394.4599.
 2301         (5) TRANSFER TO INVOLUNTARY STATUS.—If an individual on
 2302  voluntary status When a voluntary patient, or an authorized
 2303  person on the individual’s patient’s behalf, makes a request for
 2304  discharge, the request for discharge, unless freely and
 2305  voluntarily rescinded, must be communicated to a physician,
 2306  clinical psychologist, or psychiatrist as quickly as possible,
 2307  but within not later than 12 hours after the request is made. If
 2308  the individual patient meets the criteria for involuntary
 2309  services, the individual must be transferred to a designated
 2310  receiving facility or governmental facility and the
 2311  administrator of the receiving or governmental facility where
 2312  the individual is held placement, the administrator of the
 2313  facility must file with the court a petition for involuntary
 2314  services placement, within 2 court working days after the
 2315  request for discharge is made. If the petition is not filed
 2316  within 2 court working days, the individual must patient shall
 2317  be discharged. Pending the filing of the petition, the
 2318  individual patient may be held and emergency mental health
 2319  treatment rendered in the least restrictive manner, upon the
 2320  written order of a physician, if it is determined that such
 2321  treatment is necessary for the safety of the individual patient
 2322  or others.
 2323         Section 19. Section 394.463, Florida Statutes, is amended
 2324  to read:
 2325         394.463 Involuntary examination.—
 2326         (1) CRITERIA.—An individual may be subject to A person may
 2327  be taken to a receiving facility for involuntary examination if
 2328  there is reason to believe that he or she the person has a
 2329  mental illness and because of this his or her mental illness:
 2330         (a)1. The individual person has refused voluntary
 2331  examination after conscientious explanation and disclosure of
 2332  the purpose of the examination; or
 2333         2. The individual person is unable to determine for himself
 2334  or herself whether examination is necessary; and
 2335         (b)1. Without care or treatment:,
 2336         1. The individual person is likely to suffer from neglect
 2337  or refuse to care for himself or herself; such neglect or
 2338  refusal poses a real and present threat of substantial physical
 2339  or mental harm to his or her well-being; and it is not apparent
 2340  that the such harm may be avoided through the help of willing
 2341  family members or friends or the provision of other services; or
 2342         2. There is a substantial likelihood that individual
 2343  without care or treatment the person will cause serious bodily
 2344  harm to self himself or herself or others in the near future, as
 2345  evidenced by recent behavior.
 2346         (2) INVOLUNTARY EXAMINATION.—
 2347         (a) An involuntary examination may be initiated by any one
 2348  of the following means:
 2349         1. A circuit or county court may enter an ex parte order
 2350  stating that an individual a person appears to meet the criteria
 2351  for involuntary examination and specifying the findings on which
 2352  that conclusion is based. The ex parte order for involuntary
 2353  examination must be based on written or oral sworn testimony
 2354  that includes specific facts that support the findings. If other
 2355  less restrictive means are not available, such as voluntary
 2356  appearance for outpatient evaluation, A law enforcement officer,
 2357  or other designated agent of the court, shall take the
 2358  individual person into custody and deliver him or her to an
 2359  appropriate, or the nearest, facility within the designated
 2360  receiving system pursuant to s. 394.462 for involuntary
 2361  examination. The order of the court order must shall be made a
 2362  part of the patient’s clinical record. A fee may not be charged
 2363  for the filing of a petition an order under this subsection. A
 2364  facility accepting the individual patient based on the this
 2365  order must send a copy of the order to the department the next
 2366  working day. The order may be submitted electronically through
 2367  existing data systems, if available. The order is shall be valid
 2368  only until the individual person is delivered to the facility or
 2369  for the period specified in the order itself, whichever comes
 2370  first. If a no time limit is not specified in the order, the
 2371  order is shall be valid for 7 days after the date it that the
 2372  order was signed.
 2373         a.A law enforcement officer acting in accordance with an
 2374  ex parte order issued pursuant to this subsection may serve and
 2375  execute such order on any day of the week, at any time of the
 2376  day or night.
 2377         b.A law enforcement officer acting in accordance with an
 2378  ex parte order issued pursuant to this subsection may use
 2379  reasonable physical force if necessary to gain entry to the
 2380  premises and any dwellings, buildings, or other structures
 2381  located on the premises, and to take custody of the individual
 2382  who is the subject of the ex parte order.
 2383         2. A law enforcement officer shall take an individual a
 2384  person who appears to meet the criteria for involuntary
 2385  examination into custody and deliver or arrange for the delivery
 2386  of the individual the person or have him or her delivered to an
 2387  appropriate, or the nearest, facility within the designated
 2388  receiving system pursuant to s. 394.462 for examination. The
 2389  officer shall complete execute a written report detailing the
 2390  circumstances under which the individual person was taken into
 2391  custody, which must be made a part of the patient’s clinical
 2392  record. A Any facility accepting the individual patient based on
 2393  this report must send a copy of the report to the department the
 2394  next working day.
 2395         3. A physician, clinical psychologist, school psychologist,
 2396  psychiatric nurse, mental health counselor, marriage and family
 2397  therapist, or clinical social worker, or physician assistant may
 2398  complete execute a certificate stating that he or she has
 2399  examined the individual a person within the preceding 48 hours
 2400  and finds that the individual person appears to meet the
 2401  criteria for involuntary examination and stating his or her the
 2402  observations upon which that conclusion is based. The
 2403  certificate shall include specific facts indicating that the
 2404  individual would benefit from services. The certificate shall be
 2405  executed immediately. If other less restrictive means, such as
 2406  voluntary appearance for outpatient evaluation, are not
 2407  available, A law enforcement officer shall take into custody the
 2408  individual person named in the certificate and deliver him or
 2409  her to the appropriate, or nearest, facility within the
 2410  designated receiving system pursuant to s. 394.462 for
 2411  involuntary examination. A law enforcement officer may only take
 2412  an individual into custody on the basis of a certificate within
 2413  7 calendar days after the certificate is signed. The law
 2414  enforcement officer shall complete execute a written report
 2415  detailing the circumstances under which the individual person
 2416  was taken into custody. The report and certificate shall be made
 2417  a part of the patient’s clinical record. A Any facility
 2418  accepting the individual patient based on the this certificate
 2419  must send a copy of the certificate to the department the next
 2420  working day. The document may be submitted electronically
 2421  through existing data systems, if applicable.
 2422         (b)A law enforcement officer who initiates an involuntary
 2423  examination of an individual pursuant to subparagraph (a)2., or
 2424  a professional who initiates an involuntary examination of an
 2425  individual pursuant to subparagraph (a)3., may notify the
 2426  individual’s guardian, representative, or health care surrogate
 2427  or proxy of such examination. A receiving facility accepting an
 2428  individual for involuntary examination shall make and document
 2429  immediate attempts to notify the individual’s guardian,
 2430  representative, or health care surrogate or proxy upon the
 2431  individual’s arrival.
 2432         (c)(b)An individual A person may not be removed from any
 2433  program or residential services placement licensed under chapter
 2434  400 or chapter 429 and transported to a receiving facility for
 2435  involuntary examination unless an ex parte order, a professional
 2436  certificate, or a law enforcement officer’s report is first
 2437  prepared. If the condition of the individual person is such that
 2438  preparation of a law enforcement officer’s report is not
 2439  practicable before removal, the report must shall be completed
 2440  as soon as possible after removal, but in any case before the
 2441  individual person is transported to a receiving facility. A
 2442  facility admitting an individual a person for involuntary
 2443  examination who is not accompanied by the required ex parte
 2444  order, professional certificate, or law enforcement officer’s
 2445  report must shall notify the department of the such admission by
 2446  certified mail or by e-mail, if available, by the next working
 2447  day. The provisions of this paragraph do not apply when
 2448  transportation is provided by the patient’s family or guardian.
 2449         (c)A law enforcement officer acting in accordance with an
 2450  ex parte order issued pursuant to this subsection may serve and
 2451  execute such order on any day of the week, at any time of the
 2452  day or night.
 2453         (d)A law enforcement officer acting in accordance with an
 2454  ex parte order issued pursuant to this subsection may use such
 2455  reasonable physical force as is necessary to gain entry to the
 2456  premises, and any dwellings, buildings, or other structures
 2457  located on the premises, and to take custody of the person who
 2458  is the subject of the ex parte order.
 2459         (d)(e) The department shall receive and maintain the copies
 2460  of ex parte petitions and orders for involuntary examinations
 2461  pursuant to this section, involuntary services petitions and
 2462  orders, involuntary outpatient services orders issued pursuant
 2463  to s. 394.4655, involuntary inpatient placement orders issued
 2464  pursuant to s. 394.467, professional certificates, and law
 2465  enforcement officers’ reports. These documents are shall be
 2466  considered part of the clinical record, governed by the
 2467  provisions of s. 394.4615. These documents shall be used to
 2468  prepare annual reports analyzing the data obtained from these
 2469  documents, without information identifying individuals held for
 2470  examination or admitted for treatment patients, and shall
 2471  provide copies of reports to the department, the President of
 2472  the Senate, the Speaker of the House of Representatives, and the
 2473  minority leaders of the Senate and the House of Representatives.
 2474         (e)(f)An individual held for examination A patient shall
 2475  be examined by a physician, or a clinical psychologist, or by a
 2476  psychiatric nurse performing within the framework of an
 2477  established protocol with a psychiatrist at a facility without
 2478  unnecessary delay to determine if the criteria for involuntary
 2479  services are met. Emergency treatment may be provided upon the
 2480  order of a physician if the physician determines that such
 2481  treatment is necessary for the safety of the individual patient
 2482  or others.
 2483         (f)An individual may not be held for involuntary
 2484  examination for more than 72 hours after the time of the
 2485  individual’s arrival at the facility. Based on the individual’s
 2486  needs, one of the following actions must be taken within the
 2487  involuntary examination period:
 2488         1.The individual shall be released with the approval of a
 2489  psychiatrist, psychiatric nurse, or psychologist. However, if
 2490  the examination is conducted in a hospital, an attending
 2491  emergency department physician may approve release. The
 2492  professional approving release must have personally conducted
 2493  the involuntary examination;
 2494         2.The individual shall be asked to give express and
 2495  informed consent for voluntary admission if a physician or
 2496  psychologisthas determined that the individual is competent to
 2497  consent to treatment; or
 2498         3.A petition for involuntary services shall be completed
 2499  and filed within 72 hours after the time of the individual’s
 2500  arrival at the facility in the circuit court by the receiving
 2501  facility administrator if involuntary services are deemed
 2502  necessary. If electronic filing of the petition is not available
 2503  in the county and the 72-hour period ends on a weekend or legal
 2504  holiday, the petition must be filed by the next working day. If
 2505  involuntary services are deemed necessary, the least restrictive
 2506  treatment consistent with the optimum improvement of the
 2507  individual’s condition must be made available.
 2508         (g)An individual discharged from a receiving or treatment
 2509  facility on a voluntary or involuntary basis who is currently
 2510  charged with a crime shall be released to the custody of a law
 2511  enforcement officer, unless the individual has been released
 2512  from law enforcement custody by posting of a bond, by a pretrial
 2513  conditional release, or by other judicial release.
 2514  The patient may not be released by the receiving facility or
 2515  its contractor without the documented approval of a psychiatrist
 2516  or a clinical psychologist or, if the receiving facility is
 2517  owned or operated by a hospital or health system, the release
 2518  may also be approved by a psychiatric nurse performing within
 2519  the framework of an established protocol with a psychiatrist, or
 2520  an attending emergency department physician with experience in
 2521  the diagnosis and treatment of mental illness after completion
 2522  of an involuntary examination pursuant to this subsection. A
 2523  psychiatric nurse may not approve the release of a patient if
 2524  the involuntary examination was initiated by a psychiatrist
 2525  unless the release is approved by the initiating psychiatrist.
 2526         (g)Within the 72-hour examination period or, if the 72
 2527  hours ends on a weekend or holiday, no later than the next
 2528  working day thereafter, one of the following actions must be
 2529  taken, based on the individual needs of the patient:
 2530         1.The patient shall be released, unless he or she is
 2531  charged with a crime, in which case the patient shall be
 2532  returned to the custody of a law enforcement officer;
 2533         2.The patient shall be released, subject to the provisions
 2534  of subparagraph 1., for voluntary outpatient treatment;
 2535         3.The patient, unless he or she is charged with a crime,
 2536  shall be asked to give express and informed consent to placement
 2537  as a voluntary patient and, if such consent is given, the
 2538  patient shall be admitted as a voluntary patient; or
 2539         4.A petition for involuntary services shall be filed in
 2540  the circuit court if inpatient treatment is deemed necessary or
 2541  with the criminal county court, as defined in s. 394.4655(1), as
 2542  applicable. When inpatient treatment is deemed necessary, the
 2543  least restrictive treatment consistent with the optimum
 2544  improvement of the patient’s condition shall be made available.
 2545  When a petition is to be filed for involuntary outpatient
 2546  placement, it shall be filed by one of the petitioners specified
 2547  in s. 394.4655(4)(a). A petition for involuntary inpatient
 2548  placement shall be filed by the facility administrator.
 2549         (h) If an individual A person for whom an involuntary
 2550  examination has been initiated who is also being evaluated or
 2551  treated at a hospital for an emergency medical condition as
 2552  defined specified in s. 395.002, the involuntary examination
 2553  must be examined by a facility within 72 hours. The 72-hour
 2554  period begins when the individual patient arrives at the
 2555  hospital and ceases when a the attending physician documents
 2556  that the individual patient has an emergency medical condition.
 2557  The 72-hour period resumes when the physician documents that the
 2558  emergency medical condition has stabilized or does not exist. If
 2559  the patient is examined at a hospital providing emergency
 2560  medical services by a professional qualified to perform an
 2561  involuntary examination and is found as a result of that
 2562  examination not to meet the criteria for involuntary outpatient
 2563  services pursuant to s. 394.4655(2) or involuntary inpatient
 2564  placement pursuant to s. 394.467(1), the patient may be offered
 2565  voluntary services or placement, if appropriate, or released
 2566  directly from the hospital providing emergency medical services.
 2567  The finding by the professional that the patient has been
 2568  examined and does not meet the criteria for involuntary
 2569  inpatient services or involuntary outpatient placement must be
 2570  entered into the patient’s clinical record. This paragraph is
 2571  not intended to prevent A hospital providing emergency medical
 2572  services may transfer an individual from appropriately
 2573  transferring a patient to another hospital before stabilization
 2574  if the requirements of s. 395.1041(3)(c) are have been met.
 2575         (i) One of the following must occur within 12 hours after a
 2576  the patient’s attending physician documents that the
 2577  individual’s patient’s medical condition has stabilized or that
 2578  an emergency medical condition has been stabilized or does not
 2579  exist:
 2580         1. The individual shall be examined by a physician,
 2581  psychiatric nurse, or psychologistand, if found not to meet the
 2582  criteria for involuntary examination pursuant to this section,
 2583  shall be released directly from the hospital providing the
 2584  emergency medical services. The results of the examination,
 2585  including the final disposition, shall be entered into the
 2586  clinical record patient must be examined by a facility and
 2587  released; or
 2588         2. The individual shall be transferred to a receiving
 2589  facility for examination if patient must be transferred to a
 2590  designated facility in which appropriate medical and mental
 2591  health treatment is available. However, the receiving facility
 2592  must be notified of the transfer within 2 hours after the
 2593  individual’s patient’s condition has been stabilized or after
 2594  determination that an emergency medical condition does not
 2595  exist.
 2596         (3) NOTICE OF RELEASE.—Notice of the release shall be given
 2597  to the individual’s patient’s guardian, health care surrogate or
 2598  proxy, or representative, to any person who executed a
 2599  certificate admitting the patient to the receiving facility, and
 2600  to any court that ordered the individual’s examination which
 2601  ordered the patient’s evaluation.
 2602         Section 20. Section 394.4655, Florida Statutes, is
 2603  repealed.
 2604         Section 21. Section 394.467, Florida Statutes, is amended
 2605  to read:
 2606         394.467 Involuntary services inpatient placement.—
 2607         (1) CRITERIA.—An individual A person may be ordered for
 2608  involuntary services inpatient placement for treatment upon a
 2609  finding of the court by clear and convincing evidence that:
 2610         (a) He or she has a mental illness and because of his or
 2611  her mental illness:
 2612         1.a. He or she has refused voluntary services inpatient
 2613  placement for treatment after sufficient and conscientious
 2614  explanation and disclosure of the purpose of services or
 2615  inpatient placement for treatment; or
 2616         b. He or she is unable to determine for himself or herself
 2617  whether inpatient services are placement is necessary; and
 2618         2.a. He or she is incapable of surviving alone or with the
 2619  help of willing and responsible family or friends, including
 2620  available alternative services, and, without treatment, is
 2621  likely to suffer from neglect or refuse to care for himself or
 2622  herself, and such neglect or refusal poses a real and present
 2623  threat of substantial physical or mental harm to his or her
 2624  well-being; or
 2625         b. There is substantial likelihood that in the near future
 2626  he or she will inflict serious bodily harm on self or others, as
 2627  evidenced by recent behavior causing, attempting, or threatening
 2628  such harm; and
 2629         (b) All available less restrictive treatment alternatives
 2630  that would offer an opportunity for improvement of his or her
 2631  condition have been judged to be inappropriate.
 2632         (2) ADMISSION TO A TREATMENT FACILITY.—An individual A
 2633  patient may be retained by a facility or involuntarily ordered
 2634  to placed in a treatment facility upon the recommendation of the
 2635  administrator of the facility where the individual patient has
 2636  been examined and after adherence to the notice and hearing
 2637  procedures provided in s. 394.4599. The recommendation must be
 2638  supported by the opinion of a psychiatrist and the second
 2639  opinion of a clinical psychologist or another psychiatrist, both
 2640  of whom have personally examined the individual patient within
 2641  the preceding 72 hours, that the criteria for involuntary
 2642  services inpatient placement are met. However, if the
 2643  administrator certifies that a psychiatrist or clinical
 2644  psychologist is not available to provide the second opinion, the
 2645  second opinion may be provided by a licensed physician who has
 2646  postgraduate training and experience in diagnosis and treatment
 2647  of mental illness or by a psychiatric nurse. Any opinion
 2648  authorized in this subsection may be conducted through a face
 2649  to-face examination, in person, or by electronic means. Such
 2650  recommendation shall be entered on a petition for involuntary
 2651  services inpatient placement certificate that authorizes the
 2652  facility to retain the individual being held patient pending
 2653  transfer to a treatment facility or completion of a hearing.
 2654         (3) PETITION FOR INVOLUNTARY SERVICES INPATIENT PLACEMENT.—
 2655         (a) The administrator of the receiving facility shall file
 2656  a petition for involuntary services inpatient placement in the
 2657  court in the county where the individual patient is located.
 2658  Upon filing, the clerk of the court shall provide copies to the
 2659  department, the individual, his or her patient, the patient’s
 2660  guardian, guardian advocate, health care surrogate or proxy, or
 2661  representative, and the state attorney and public defender of
 2662  the judicial circuit in which the individual patient is located.
 2663  A fee may not be charged for the filing of a petition under this
 2664  subsection.
 2665         (b)A receiving or treatment facility filing a petition for
 2666  involuntary services shall send a copy of the petition to the
 2667  Agency for Health Care Administration by the next working day.
 2668         (4) APPOINTMENT OF COUNSEL.—
 2669         (a) Within 1 court working day after the filing of a
 2670  petition for involuntary services inpatient placement, the court
 2671  shall appoint the public defender to represent the individual
 2672  person who is the subject of the petition, unless the person is
 2673  otherwise represented by counsel. The clerk of the court shall
 2674  immediately notify the public defender of the such appointment.
 2675  Any attorney representing the individual patient shall have
 2676  access to the individual patient, witnesses, and records
 2677  relevant to the presentation of the individual’s patient’s case
 2678  and shall represent the interests of the individual patient,
 2679  regardless of the source of payment to the attorney. If services
 2680  are ordered, the least restrictive treatment shall be sought.
 2681         (b)The state attorney for the circuit in which the
 2682  individual is located shall represent the state rather than the
 2683  petitioning facility administrator as the real party in interest
 2684  in the proceeding. The state attorney shall have access to the
 2685  individual’s clinical record and witnesses and shall have the
 2686  authority to independently evaluate the sufficiency and
 2687  appropriateness of the petition for involuntary services. If the
 2688  state attorney finds the case insufficient, the state attorney
 2689  shall withdraw the petition. The state attorney may not use
 2690  clinical records obtained under this part for the purpose of
 2691  criminal investigation or prosecution, or for any other purpose
 2692  not authorized under this part.
 2693         (5) CONTINUANCE OF HEARING.—The individual patient is
 2694  entitled, with the concurrence of the individual’s patient’s
 2695  counsel, to at least one continuance of the hearing for up to 4
 2696  weeks. Following consultation with a client concerning his or
 2697  her available options, an attorney may seek to continue the
 2698  hearing unless the client has verbally instructed the attorney
 2699  to proceed directly to hearing. If the continuance requested is
 2700  for a period of more than 1 week, the court shall, after
 2701  continuing the hearing, hold a hearing as soon as practicable
 2702  thereafter on the individual’s competence to consent to
 2703  treatment if there is no health care surrogate or proxy and a
 2704  petition requesting the appointment of a guardian advocate has
 2705  previously been filed as provided for in s. 394.4598(1). The
 2706  state attorney may request one continuance for a period of up to
 2707  1 week. Upon good cause shown, the court may grant the
 2708  continuance and should set the hearing for the next available
 2709  hearing date when possible.
 2710         (6) HEARING ON INVOLUNTARY SERVICES INPATIENT PLACEMENT.—
 2711         (a)1. The court shall hold the hearing on involuntary
 2712  services inpatientplacement within 5 court working days after
 2713  the petition is filed, unless a continuance is granted.
 2714         2. Except for good cause documented in the court file,
 2715  which may be demonstrated by administrative order of the court,
 2716  the hearing must be held in the receiving or treatment facility
 2717  where the individual is located. If the hearing cannot be held
 2718  in the receiving or treatment facility, it must be held in a
 2719  location convenient to the individual as is consistent with
 2720  orderly procedure, and which is not likely to be injurious to
 2721  the individual’s county or the facility, as appropriate, where
 2722  the patient is located, must be as convenient to the patient as
 2723  is consistent with orderly procedure, and shall be conducted in
 2724  physical settings not likely to be injurious to the patient’s
 2725  condition. If the court finds that the individual’s patient’s
 2726  attendance at the hearing is not consistent with the best
 2727  interests of the individual patient, and the individual’s
 2728  patient’s counsel does not object, the court may waive the
 2729  presence of the individual patient from all or any portion of
 2730  the hearing. Alternatively, if the individual wishes to
 2731  voluntarily waive his or her attendance at the hearing, the
 2732  court must determine that the individual’s waiver is knowing,
 2733  intelligent, and voluntary before waiving the presence of the
 2734  individual from all or any portion of the hearing. The state
 2735  attorney for the circuit in which the patient is located shall
 2736  represent the state, rather than the petitioning facility
 2737  administrator, as the real party in interest in the proceeding.
 2738         3. The court may appoint a magistrate to preside at the
 2739  hearing. One of the two professionals who executed the petition
 2740  for involuntary services inpatient placement certificate shall
 2741  be a witness. The court shall ensure that the individual and his
 2742  or her guardian, guardian advocate, health care surrogate or
 2743  proxy, or representative are informed patient and the patient’s
 2744  guardian or representative shall be informed by the court of the
 2745  right to an independent expert examination. If the individual
 2746  patient cannot afford such an examination, the court shall
 2747  ensure that one is provided, as otherwise provided for by law.
 2748  The independent expert’s report is confidential and not
 2749  discoverable, unless the expert is to be called as a witness for
 2750  the individual patient at the hearing. The testimony in the
 2751  hearing must be given under oath, and the proceedings must be
 2752  recorded. The individual patient may refuse to testify at the
 2753  hearing.
 2754         4.Consistent with the notice provisions in s. 394.4599,
 2755  the court shall allow testimony from persons, including family
 2756  members, deemed by the court to be relevant regarding the
 2757  individual’s prior history and how that prior history relates to
 2758  the individual’s current condition.
 2759         (b) If the court concludes that the individual patient
 2760  meets the criteria for involuntary services inpatient placement,
 2761  it may order that the individual patient be transferred to a
 2762  treatment facility or, if the individual patient is at a
 2763  treatment facility, that the individual patient be retained
 2764  there or be treated at any other appropriate facility, or that
 2765  the individual patient receive services, on an involuntary
 2766  basis, for up to 90 days. However, any order for involuntary
 2767  mental health services in a treatment facility may be for up to
 2768  6 months. The order must shall specify the nature and extent of
 2769  the individual’s patient’s mental illness. The court may not
 2770  order an individual with traumatic brain injury or dementia who
 2771  lacks a co-occurring mental illness to be involuntarily placed
 2772  in a state treatment facility. The facility shall discharge the
 2773  individual a patient any time the individual patient no longer
 2774  meets the criteria for involuntary inpatient placement, unless
 2775  the individual patient has transferred to voluntary status.
 2776         (c)The court may not enter an order of involuntary
 2777  inpatient services in a state treatment facility for an
 2778  individual with dementia, Alzheimer’s disease, or traumatic
 2779  brain-injury who lacks a co-occurring mental illness.
 2780         (d)An individual may be ordered to involuntary services on
 2781  an outpatient basis if found to meet the criteria in s.
 2782  394.467(1) and upon a finding of the court by clear and
 2783  convincing evidence based upon a clinical determination that the
 2784  individual is unlikely to survive safely in the community
 2785  without supervision and that the individual is in need of such
 2786  services to prevent a relapse or deterioration that would likely
 2787  result in serious harm to the individual or others.
 2788         1.The court may not order involuntary services on an
 2789  outpatient basis if the service is not available, or if there is
 2790  no space available in the service for the individual, or if
 2791  funding is not available. After the order for services is
 2792  entered, the service provider and the individual may modify
 2793  provisions of the service plan. For any material modification of
 2794  the service plan to which the individual or the individual’s
 2795  guardian advocate, if appointed, agree, the service provider
 2796  shall send notice of the modification to the court. Any material
 2797  modifications of the service plan which are contested by the
 2798  individual or the guardian advocate must be approved or
 2799  disapproved by the court consistent with subsection (3).
 2800         2.If, in the clinical judgment of a physician, the
 2801  individual has failed or has refused to comply with the
 2802  outpatient services ordered by the court, and, in the clinical
 2803  judgment of the physician, efforts were made to solicit
 2804  compliance and the individual appears to meet the criteria for
 2805  involuntary examination, the individual may be brought to a
 2806  receiving facility pursuant to s. 394.463. If, after
 2807  examination, the individual does not meet the criteria for
 2808  involuntary services under this section, the individual must be
 2809  discharged from the receiving facility. The involuntary services
 2810  order shall remain in effect unless the service provider
 2811  determines that the individual no longer meets the criteria for
 2812  involuntary services or until the order expires. The service
 2813  provider must determine whether modifications should be made to
 2814  the existing treatment plan and must attempt to continue to
 2815  engage the individual in services. For any material modification
 2816  of the service plan to which the individual or the individual’s
 2817  guardian advocate, if appointed, does agree, the service
 2818  provider shall send notice of the modification to the court. Any
 2819  material modifications of the service plan which are contested
 2820  by the individual or his or her guardian advocate, if appointed,
 2821  must be approved or disapproved by the court consistent with
 2822  subsection (3).
 2823         (e)(c) If at any time before the conclusion of the hearing
 2824  on involuntary services inpatient placement it appears to the
 2825  court that the individual person does not meet the criteria for
 2826  involuntary services inpatient placement under this section, but
 2827  instead meets the criteria for involuntary outpatient services,
 2828  the court may order the person evaluated for involuntary
 2829  outpatient services pursuant to s. 394.4655. The petition and
 2830  hearing procedures set forth in s. 394.4655 shall apply. If the
 2831  person instead meets the criteria for involuntary assessment,
 2832  protective custody, or involuntary admission pursuant to s.
 2833  397.675, then the court may order the person to be admitted for
 2834  involuntary assessment for a period of 5 days pursuant to s.
 2835  397.6811. Thereafter, all proceedings are governed by chapter
 2836  397.
 2837         (f)(d) At the hearing on involuntary services inpatient
 2838  placement, the court shall consider testimony and evidence
 2839  regarding the individual’s patient’s competence to consent to
 2840  treatment. If the court finds that the individual patient is
 2841  incompetent to consent to treatment, it shall appoint a guardian
 2842  advocate as provided in s. 394.4598.
 2843         (g)(e) The administrator of the petitioning facility shall
 2844  provide a copy of the court order and adequate documentation of
 2845  an individual’s a patient’s mental illness to the administrator
 2846  of a treatment facility if the individual patient is ordered for
 2847  involuntary services inpatient placement, whether by civil or
 2848  criminal court. The documentation must include any advance
 2849  directives made by the individual patient, a psychiatric
 2850  evaluation of the individual patient, and any evaluations of the
 2851  individual patient performed by a psychiatric nurse, a clinical
 2852  psychologist, a marriage and family therapist, a mental health
 2853  counselor, or a clinical social worker. The administrator of a
 2854  treatment facility may refuse admission to an individual any
 2855  patient directed to its facilities on an involuntary basis,
 2856  whether by civil or criminal court order, who is not accompanied
 2857  by adequate orders and documentation.
 2858         (7) PROCEDURE FOR CONTINUED INVOLUNTARY SERVICES INPATIENT
 2859  PLACEMENT.—
 2860         (a) Hearings on petitions for continued involuntary
 2861  services inpatient placement of an individual placed at any
 2862  treatment facility are administrative hearings and must be
 2863  conducted in accordance with s. 120.57(1), except that any order
 2864  entered by the administrative law judge is final and subject to
 2865  judicial review in accordance with s. 120.68. Orders concerning
 2866  individuals patients committed after successfully pleading not
 2867  guilty by reason of insanity are governed by s. 916.15.
 2868         1.(b) If the individual patient continues to meet the
 2869  criteria for involuntary services inpatient placement and is
 2870  placed in being treated at a treatment facility, the
 2871  administrator shall, before the expiration of the period the
 2872  treatment facility is authorized to retain the individual
 2873  patient, file a petition requesting authorization for continued
 2874  involuntary services inpatient placement. The request must be
 2875  accompanied by a statement from the individual’s patient’s
 2876  physician, psychiatrist, psychiatric nurse, or clinical
 2877  psychologist justifying the request, a brief description of the
 2878  individual’s patient’s treatment during the time he or she was
 2879  involuntarily placed, and an individualized plan of continued
 2880  treatment. The state attorney for the circuit in which the
 2881  individual is located shall represent the state, rather than the
 2882  petitioning facility administrator, as the real party in
 2883  interest in the proceeding. Notice of the hearing must be
 2884  provided as provided in accordance with s. 394.4599. If an
 2885  individual’s attendance at the hearing is voluntarily waived,
 2886  the administrative law judge must determine that the waiver is
 2887  knowing, intelligent, and voluntary before waiving the presence
 2888  of the individual from all or a portion of the hearing.
 2889  Alternatively, if an individual’s a patient’s attendance at the
 2890  hearing is voluntarily waived, the administrative law judge must
 2891  determine that the waiver is knowing and voluntary before
 2892  waiving the presence of the individual patient from all or a
 2893  portion of the hearing. Alternatively, if at the hearing the
 2894  administrative law judge finds that attendance at the hearing is
 2895  not consistent with the individual’s best interests of the
 2896  patient, the administrative law judge may waive the presence of
 2897  the individual patient from all or any portion of the hearing,
 2898  unless the individual patient, through counsel, objects to the
 2899  waiver of presence. The testimony in the hearing must be under
 2900  oath, and the proceedings must be recorded.
 2901         2.(c) Unless the individual patient is otherwise
 2902  represented or is ineligible, he or she shall be represented at
 2903  the hearing on the petition for continued involuntary services
 2904  inpatient placement by the public defender of the circuit in
 2905  which the facility is located.
 2906         3.The Division of Administrative Hearings shall ensure
 2907  that the individual who is the subject of the petition and his
 2908  or her guardian, guardian advocate, health care surrogate or
 2909  proxy, or representative are informed of the individual’s right
 2910  to an independent expert examination. If the individual cannot
 2911  afford such an examination, the court shall ensure that one is
 2912  provided as otherwise provided for by law.
 2913         4.(d) If at a hearing it is shown that the individual
 2914  patient continues to meet the criteria for involuntary services
 2915  inpatient placement, the administrative law judge shall sign the
 2916  order for continued involuntary services inpatient placement for
 2917  up to 90 days. However, any order for involuntary mental health
 2918  services in a treatment facility may be for up to 6 months. The
 2919  same procedure must shall be repeated before the expiration of
 2920  each additional period the individual patient is retained.
 2921         5.(e) If continued involuntary services inpatient placement
 2922  is necessary for an individual a patient admitted while serving
 2923  a criminal sentence, but his or her sentence is about to expire,
 2924  or for a minor involuntarily placed, but who is about to reach
 2925  the age of 18, the administrator shall petition the
 2926  administrative law judge for an order authorizing continued
 2927  involuntary services inpatient placement.
 2928         6.(f) If the individual patient has been previously found
 2929  incompetent to consent to treatment, the administrative law
 2930  judge shall consider testimony and evidence regarding the
 2931  individual’s patient’s competence. If the administrative law
 2932  judge finds evidence that the individual patient is now
 2933  competent to consent to treatment, the administrative law judge
 2934  may issue a recommended order to the court that found the
 2935  individual patient incompetent to consent to treatment that the
 2936  individual’s patient’s competence be restored and that any
 2937  guardian advocate previously appointed be discharged.
 2938         7.(g) If the individual patient has been ordered to undergo
 2939  involuntary services inpatient placement and has previously been
 2940  found incompetent to consent to treatment, the court shall
 2941  consider testimony and evidence regarding the individual’s
 2942  patient’s incompetence. If the individual’s patient’s competency
 2943  to consent to treatment is restored, the discharge of the
 2944  guardian advocate shall be governed by s. 394.4598.
 2945  
 2946  The procedure required in this paragraph subsection must be
 2947  followed before the expiration of each additional period the
 2948  individual is patient is involuntarily receiving involuntary
 2949  services.
 2950         (b)A hearing on a petition for continued involuntary
 2951  services of an individual placed at a receiving facility or
 2952  nonstate treatment facility, to extend the current services or
 2953  to modify the involuntary services order to authorize services
 2954  in any state treatment facility, are not administrative
 2955  hearings.
 2956         1.If such an individual continues to meet the criteria for
 2957  involuntary services, the service provider shall, before the
 2958  expiration of the period during which the services are ordered,
 2959  file in the circuit court a petition for continued involuntary
 2960  services. The petition must be filed no later than one week
 2961  before the expiration of that current involuntary period, unless
 2962  the order for services was for 30 days or less, in which case
 2963  the petition must be filed within a reasonable time before the
 2964  expiration of the current involuntary service order.
 2965         2.The existing involuntary service order remains in effect
 2966  until disposition of the petition for continued involuntary
 2967  service.
 2968         3.The petition must be accompanied by a statement from the
 2969  individual’s physician or psychologist justifying the request, a
 2970  brief description of the individual’s treatment during the time
 2971  he or she was involuntarily served, and a personalized plan of
 2972  continued services.
 2973         4.Within 1 court working day after the filing of a
 2974  petition for continued involuntary services, the court shall
 2975  appoint the public defender to represent the individual who is
 2976  the subject of the petition, unless the individual is otherwise
 2977  represented by counsel. The clerk of the court shall immediately
 2978  notify the public defender of such appointment. The public
 2979  defender shall represent the individual until the petition is
 2980  dismissed, the court order expires, or the individual is
 2981  discharged from involuntary status. An attorney representing the
 2982  individual must have access to the individual, witnesses, and
 2983  records relevant to the presentation of the individual’s case
 2984  and shall represent the interests of the individual, regardless
 2985  of the source of payment to the attorney.
 2986         5.The court shall ensure that the individual who is the
 2987  subject of the petition and his or her guardian, guardian
 2988  advocate, health care surrogate or proxy, or representative are
 2989  informed of the individual’s right to an independent expert
 2990  examination. If the individual cannot afford such an
 2991  examination, the court shall ensure that one is provided, as
 2992  otherwise provided for by law.
 2993         6.Hearings on petitions for continued involuntary services
 2994  are before the circuit court. The court may appoint a magistrate
 2995  to preside at the hearing. The procedures for obtaining an order
 2996  pursuant to this paragraph must be in accordance with
 2997  subsections (4), (5), and (6).
 2998         7.Notice of the hearing shall be provided in accordance
 2999  with s. 394.4599. The individual being served and the
 3000  individual’s attorney may agree to a period of continued
 3001  involuntary services without a court hearing, unless the
 3002  petition for continued services seeks to authorize services in
 3003  any state treatment facility.
 3004         8.The same procedure must be repeated before the
 3005  expiration of each additional period the individual being served
 3006  is involuntarily served.
 3007         9.If the individual who has been ordered to undergo
 3008  involuntary services has previously been found incompetent to
 3009  consent to treatment, the court shall consider testimony and
 3010  evidence regarding the individual’s competence. Section 394.4598
 3011  governs the discharge of the guardian advocate if the
 3012  individual’s competency to consent to treatment has been
 3013  restored.
 3014         (8) RETURN TO FACILITY.—If an individual a patient
 3015  involuntarily held at a treatment facility under this part
 3016  leaves the facility without the administrator’s authorization,
 3017  the administrator may authorize a search for the individual
 3018  patient and his or her return to the facility. The administrator
 3019  may request the assistance of a law enforcement agency in this
 3020  regard.
 3021         Section 22. Section 394.46715, Florida Statutes, is amended
 3022  to read:
 3023         394.46715 Rulemaking authority.—The department may adopt
 3024  rules to administer this part. These rules are for the purpose
 3025  of protecting the health, safety, and well-being of individuals
 3026  examined, treated, or placed under this part.
 3027         Section 23. Section 394.4672, Florida Statutes, is amended
 3028  to read:
 3029         394.4672 Procedure for services placement of veteran with
 3030  federal agency.—
 3031         (1)A facility owned, operated, or administered by the
 3032  United States Department of Veterans Affairs that provides
 3033  mental health services shall have authority as granted by the
 3034  Department of Veterans’ Affairs to:
 3035         (a)Initiate and conduct involuntary examination pursuant
 3036  to s. 394.463.
 3037         (b)Provide voluntary admission and treatment pursuant to
 3038  s. 394.4625.
 3039         (c)Petition for involuntary services pursuant to s.
 3040  394.467.
 3041         (2)(1)If the court determines that an individual meets the
 3042  criteria for involuntary service and he or she Whenever it is
 3043  determined by the court that a person meets the criteria for
 3044  involuntary placement and it appears that such person is
 3045  eligible for care or treatment by the United States Department
 3046  of Veterans Affairs or other agency of the United States
 3047  Government, the court, upon receipt of documentation a
 3048  certificate from the United States Department of Veterans
 3049  Affairs or another such other agency showing that facilities are
 3050  available and that the individual person is eligible for care or
 3051  treatment therein, may place that individual person with the
 3052  United States Department of Veterans Affairs or other federal
 3053  agency. The individual person whose placement is sought shall be
 3054  personally served with notice of the pending involuntary service
 3055  placement proceeding in the manner as provided in this part.,
 3056  and nothing in This section does not shall affect the
 3057  individual’s his or her right to appear and be heard in the
 3058  proceeding. Upon being placed, the individual is placement, the
 3059  person shall be subject to the rules and regulations of the
 3060  United States Department of Veterans Affairs or other federal
 3061  agency.
 3062         (3)(2) The judgment or order for services issued of
 3063  placement by a court of competent jurisdiction of another state
 3064  or of the District of Columbia, which places an individual
 3065  placing a person with the United States Department of Veterans
 3066  Affairs or other federal agency for care or treatment, has,
 3067  shall have the same force and effect in this state as in the
 3068  jurisdiction of the court entering the judgment or making the
 3069  order.; and The courts of the placing state or of the District
 3070  of Columbia shall retain be deemed to have retained jurisdiction
 3071  over the individual of the person so placed. Consent is hereby
 3072  given to the application of the law of the placing state or
 3073  district with respect to the authority of the chief officer of
 3074  any facility of the United States Department of Veterans Affairs
 3075  or other federal agency operated in this state to retain custody
 3076  or to transfer, parole, or discharge the individual person.
 3077         (4)(3) Upon receipt of documentation from a certificate of
 3078  the United States Department of Veterans Affairs or another such
 3079  other federal agency that facilities are available for the care
 3080  or treatment of individuals who have mental illness and that the
 3081  individual mentally ill persons and that the person is eligible
 3082  for that care or treatment, the administrator of the receiving
 3083  or treatment facility may cause the transfer of that individual
 3084  person to the United States Department of Veterans Affairs or
 3085  other federal agency. Upon effecting such transfer, the
 3086  committing court shall be notified by the transferring agency.
 3087  An individual may not be transferred No person shall be
 3088  transferred to the United States Department of Veterans Affairs
 3089  or other federal agency if he or she is confined pursuant to the
 3090  conviction of any felony or misdemeanor or if he or she has been
 3091  acquitted of the charge solely on the ground of insanity, unless
 3092  before prior to transfer the court placing the individual such
 3093  person enters an order for the transfer after appropriate motion
 3094  and hearing and without objection by the United States
 3095  Department of Veterans Affairs.
 3096         (5)(4)An individual Any person transferred as provided in
 3097  this section shall be deemed to be placed with the United States
 3098  Department of Veterans Affairs or other federal agency pursuant
 3099  to the original order placement.
 3100         Section 24. Section 394.4685, Florida Statutes, is amended
 3101  to read:
 3102         394.4685 Transfer of patients among facilities.—
 3103         (1) TRANSFER BETWEEN PUBLIC FACILITIES.—
 3104         (a) An individual A patient who has been accepted at
 3105  admitted to a public receiving facility, or his or her the
 3106  family member, guardian, or guardian advocate, or health care
 3107  surrogate or proxy of such patient, may request the transfer of
 3108  the individual patient to another public receiving facility. An
 3109  individual A patient who has been accepted at admitted to a
 3110  public treatment facility, or his or her the family member,
 3111  guardian, or guardian advocate, or health care surrogate or
 3112  proxy of such patient, may request the transfer of the
 3113  individual patient to another public treatment facility.
 3114  Depending on the medical treatment or mental health treatment
 3115  needs of the individual patient and the availability of
 3116  appropriate facility resources, the individual patient may be
 3117  transferred at the discretion of the department. If the
 3118  department approves the transfer of an individual on involuntary
 3119  status, notice in accordance with involuntary patient, notice
 3120  according to the provisions of s. 394.4599 must be given before
 3121  shall be given prior to the transfer by the transferring
 3122  facility. The department shall respond to the request for
 3123  transfer within 2 working days after receipt of the request by
 3124  the facility administrator.
 3125         (b) If When required by the medical treatment or mental
 3126  health treatment needs of the individual patient or the
 3127  efficient use utilization of a public receiving or public
 3128  treatment facility, an individual a patient may be transferred
 3129  from one receiving facility to another, or from one treatment
 3130  facility to another, at the department’s discretion, or, with
 3131  the express and informed consent of the individual or the
 3132  individual’s guardian, guardian advocate, or health care
 3133  surrogate or proxy patient or the patient’s guardian or guardian
 3134  advocate, to a facility in another state. Notice in accordance
 3135  with according to the provisions of s. 394.4599 must shall be
 3136  given before prior to the transfer by the transferring facility.
 3137  If prior notice is not possible, notice of the transfer shall be
 3138  provided as soon as practicable after the transfer.
 3139         (2) TRANSFER FROM PUBLIC TO PRIVATE FACILITIES.—
 3140         (a) An individual A patient who has been accepted at
 3141  admitted to a public receiving or public treatment facility and
 3142  has requested, either personally or through his or her guardian,
 3143  or guardian advocate, or health care surrogate or proxy, and is
 3144  able to pay for treatment in a private facility shall be
 3145  transferred at the individual’s patient’s expense to a private
 3146  facility upon acceptance of the individual patient by the
 3147  private facility.
 3148         (b) A public receiving facility initiating the a patient
 3149  transfer of an individual to a licensed hospital for acute care
 3150  mental health services not accessible through the public
 3151  receiving facility shall notify the hospital of such transfer
 3152  and send the hospital all records relating to the emergency
 3153  psychiatric or medical condition.
 3154         (3) TRANSFER FROM PRIVATE TO PUBLIC FACILITIES.—
 3155         (a) An individual or the individual’s A patient or the
 3156  patient’s guardian, or guardian advocate, or health care
 3157  surrogate or proxy may request the transfer of the individual
 3158  patient from a private to a public facility, and the individual
 3159  patient may be so transferred upon acceptance of the individual
 3160  patient by the public facility.
 3161         (b) A private facility may request the transfer of an
 3162  individual a patient from the facility to a public facility, and
 3163  the individual patient may be so transferred upon acceptance of
 3164  the individual patient by the public facility. The cost of such
 3165  transfer is shall be the responsibility of the transferring
 3166  facility.
 3167         (c) A public facility must respond to a request for the
 3168  transfer of an individual a patient within 24 hours 2 working
 3169  days after receipt of the request.
 3170         (4) TRANSFER BETWEEN PRIVATE FACILITIES.—
 3171         (a)An individual being held A patient in a private
 3172  facility or his or her the patient’s guardian, or guardian
 3173  advocate, or health care surrogate or proxy may request the
 3174  transfer of the individual patient to another private facility
 3175  at any time, and the individual patient shall be transferred
 3176  upon acceptance of the individual patient by the facility to
 3177  which transfer is sought.
 3178         (b)A private facility may request the transfer of an
 3179  individual from the facility to another private facility, and
 3180  the individual may be transferred upon acceptance of the
 3181  individual by the facility to which the individual is being
 3182  transferred.
 3183         Section 25. Section 394.469, Florida Statutes, is amended
 3184  to read:
 3185         394.469 Discharge from of involuntary services patients.—
 3186         (1) POWER TO DISCHARGE.—At any time an individual a patient
 3187  is found to no longer meet the criteria for involuntary services
 3188  placement, the administrator shall:
 3189         (a) Discharge the individual patient, unless the patient is
 3190  under a criminal charge, in which case the patient shall be
 3191  transferred to the custody of the appropriate law enforcement
 3192  officer;
 3193         (b) Transfer the individual patient to voluntary status on
 3194  the administrator’s his or her own authority or at the
 3195  individual’s patient’s request, unless the individual is patient
 3196  is under criminal charge or adjudicated incapacitated;
 3197         (c)Discharge the individual to the custody of a law
 3198  enforcement officer, if the individual is currently charged with
 3199  any crime and has not been released from law enforcement custody
 3200  by posting of a bond, or by a pretrial conditional release or by
 3201  other judicial release; or
 3202         (d)(c) Place an improved individual patient, except
 3203  individuals described in paragraph (c) a patient under a
 3204  criminal charge, on convalescent status in the care of a
 3205  community facility.
 3206         (2) NOTICE.—Notice of discharge or transfer of an
 3207  individual must be provided in accordance with a patient shall
 3208  be given as provided in s. 394.4599.
 3209         Section 26. Section 394.473, Florida Statutes, is amended
 3210  to read:
 3211         394.473 Attorney Attorney’s fee; expert witness fee.—
 3212         (1) In the case of an indigent person for whom An attorney
 3213  is appointed to represent an individual pursuant to the
 3214  provisions of this part, the attorney shall be compensated by
 3215  the state pursuant to s. 27.5304. A public defender appointed to
 3216  represent an indigent individual may not In the case of an
 3217  indigent person, the court may appoint a public defender. The
 3218  public defender shall receive no additional compensation other
 3219  than that usually paid his or her office.
 3220         (2) If an indigent individual’s case requires In the case
 3221  of an indigent person for whom expert testimony is required in a
 3222  court hearing pursuant to the provisions of this part act, the
 3223  expert shall be compensated by the state pursuant to s. 27.5303
 3224  or s. 27.5304, as applicable, unless the expert, except one who
 3225  is classified as a full-time employee of the state or who is
 3226  receiving remuneration from the state for his or her time in
 3227  attendance at the hearing, shall be compensated by the state
 3228  pursuant to s. 27.5304.
 3229         Section 27. Section 394.475, Florida Statutes, is amended
 3230  to read:
 3231         394.475 Acceptance, examination, and involuntary services
 3232  placement of Florida residents from out-of-state mental health
 3233  authorities.—
 3234         (1) Upon the request of the state mental health authority
 3235  of another state, the department may is authorized to accept an
 3236  individual as a patient, for up to a period of not more than 15
 3237  days, a person who is and has been a bona fide resident of this
 3238  state for at least a period of not less than 1 year.
 3239         (2) An individual Any person received pursuant to
 3240  subsection (1) shall be examined by the staff of the state
 3241  facility where the individual such patient has been admitted
 3242  accepted, which examination shall be completed during the 15-day
 3243  period.
 3244         (3) If, upon examination, the individual such a person
 3245  requires continued involuntary services placement, a petition
 3246  for a hearing regarding involuntary services placement shall be
 3247  filed with the court of the county where wherein the treatment
 3248  facility receiving the individual patient is located or the
 3249  county where the individual patient is a resident.
 3250         (4) During the pendency of the examination period and the
 3251  pendency of the involuntary services placement proceedings, an
 3252  individual such person may continue to be held in the treatment
 3253  facility unless the court having jurisdiction enters an order to
 3254  the contrary.
 3255         Section 28. Section 394.4785, Florida Statutes, is amended
 3256  to read:
 3257         394.4785 Children and adolescents; admission and services
 3258  placement in mental health facilities.—
 3259         (1) A child or adolescent as defined as a minor in s.
 3260  394.455(31) in s. 394.492 may not be admitted to a state-owned
 3261  or state-operated mental health treatment facility. A minor
 3262  child may be admitted pursuant to s. 394.4625, s. 394.463, or s.
 3263  394.467 to a crisis stabilization unit or a residential
 3264  treatment center licensed under this chapter or a hospital
 3265  licensed under chapter 395. The treatment center, unit, or
 3266  hospital must provide the least restrictive available treatment
 3267  that is appropriate to the individual needs of the minor child
 3268  or adolescent and must adhere to the guiding principles, system
 3269  of care, and service planning provisions of contained in part
 3270  III of this chapter.
 3271         (2) A minor who is younger than 14 years of age person
 3272  under the age of 14 who is admitted to a any hospital licensed
 3273  pursuant to chapter 395 may not be admitted to a bed in a room
 3274  or ward with an adult patient in a mental health unit or share
 3275  common areas with an adult patient in a mental health unit.
 3276  However, a minor person 14 years of age or older may be admitted
 3277  to a bed in a room or ward in the mental health unit with an
 3278  adult if a the admitting physician documents in the clinical
 3279  case record that the services are such placement is medically
 3280  indicated or for reasons of safety. The Such placement shall be
 3281  reviewed by a the attending physician or a designee or on-call
 3282  physician each day and documented in the clinical case record.
 3283         Section 29. Section 394.4786, Florida Statutes, is
 3284  repealed.
 3285         Section 30. Section 394.47865, Florida Statutes, is
 3286  repealed.
 3287         Section 31. Section 394.4787, Florida Statutes, is
 3288  repealed.
 3289         Section 32. Section 394.4788, Florida Statutes, is
 3290  repealed.
 3291         Section 33. Section 394.4789, Florida Statutes, is
 3292  repealed.
 3293         Section 34. Paragraph (a) of subsection (5) of section
 3294  20.425, Florida Statutes, is amended to read:
 3295         20.425 Agency for Health Care Administration; trust funds.
 3296  The following trust funds shall be administered by the Agency
 3297  for Health Care Administration:
 3298         (5) Public Medical Assistance Trust Fund.
 3299         (a) Funds to be credited to and uses of the trust fund
 3300  shall be administered in accordance with s. the provisions of
 3301  ss. 394.4786 and 409.918.
 3302         Section 35. Paragraph (a) of subsection (3) and subsection
 3303  (6) of section 39.407, Florida Statutes, are amended to read:
 3304         39.407 Medical, psychiatric, and psychological examination
 3305  and treatment of child; physical, mental, or substance abuse
 3306  examination of person with or requesting child custody.—
 3307         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 3308  or paragraph (e), before the department provides psychotropic
 3309  medications to a child in its custody, the prescribing physician
 3310  shall attempt to obtain express and informed consent, as defined
 3311  in s. 394.455(15) and as described in s. 394.459(3)(a), from the
 3312  child’s parent or legal guardian. The department must take steps
 3313  necessary to facilitate the inclusion of the parent in the
 3314  child’s consultation with the physician. However, if the
 3315  parental rights of the parent have been terminated, the parent’s
 3316  location or identity is unknown or cannot reasonably be
 3317  ascertained, or the parent declines to give express and informed
 3318  consent, the department may, after consultation with the
 3319  prescribing physician, seek court authorization to provide the
 3320  psychotropic medications to the child. Unless parental rights
 3321  have been terminated and if it is possible to do so, the
 3322  department shall continue to involve the parent in the
 3323  decisionmaking process regarding the provision of psychotropic
 3324  medications. If, at any time, a parent whose parental rights
 3325  have not been terminated provides express and informed consent
 3326  to the provision of a psychotropic medication, the requirements
 3327  of this section that the department seek court authorization do
 3328  not apply to that medication until such time as the parent no
 3329  longer consents.
 3330         2. Any time the department seeks a medical evaluation to
 3331  determine the need to initiate or continue a psychotropic
 3332  medication for a child, the department must provide to the
 3333  evaluating physician all pertinent medical information known to
 3334  the department concerning that child.
 3335         (6) Children who are in the legal custody of the department
 3336  may be placed by the department, without prior approval of the
 3337  court, in a residential treatment center licensed under s.
 3338  394.875 or a hospital licensed under chapter 395 for residential
 3339  mental health treatment only pursuant to this section or may be
 3340  placed by the court in accordance with an order of involuntary
 3341  examination or involuntary services placement entered pursuant
 3342  to s. 394.463 or s. 394.467. All children placed in a
 3343  residential treatment program under this subsection must have a
 3344  guardian ad litem appointed.
 3345         (a) As used in this subsection, the term:
 3346         1. “Residential treatment” means placement for observation,
 3347  diagnosis, or treatment of an emotional disturbance in a
 3348  residential treatment center licensed under s. 394.875 or a
 3349  hospital licensed under chapter 395.
 3350         2. “Least restrictive alternative” means the treatment and
 3351  conditions of treatment that, separately and in combination, are
 3352  no more intrusive or restrictive of freedom than reasonably
 3353  necessary to achieve a substantial therapeutic benefit or to
 3354  protect the child or adolescent or others from physical injury.
 3355         3. “Suitable for residential treatment” or “suitability”
 3356  means a determination concerning a child or adolescent with an
 3357  emotional disturbance as defined in s. 394.492(5) or a serious
 3358  emotional disturbance as defined in s. 394.492(6) that each of
 3359  the following criteria is met:
 3360         a. The child requires residential treatment.
 3361         b. The child is in need of a residential treatment program
 3362  and is expected to benefit from mental health treatment.
 3363         c. An appropriate, less restrictive alternative to
 3364  residential treatment is unavailable.
 3365         (b) Whenever the department believes that a child in its
 3366  legal custody is emotionally disturbed and may need residential
 3367  treatment, an examination and suitability assessment must be
 3368  conducted by a qualified evaluator who is appointed by the
 3369  Agency for Health Care Administration. This suitability
 3370  assessment must be completed before the placement of the child
 3371  in a residential treatment center for emotionally disturbed
 3372  children and adolescents or a hospital. The qualified evaluator
 3373  must be a psychiatrist or a psychologist licensed in Florida who
 3374  has at least 3 years of experience in the diagnosis and
 3375  treatment of serious emotional disturbances in children and
 3376  adolescents and who has no actual or perceived conflict of
 3377  interest with any inpatient facility or residential treatment
 3378  center or program.
 3379         (c) Before a child is admitted under this subsection, the
 3380  child shall be assessed for suitability for residential
 3381  treatment by a qualified evaluator who has conducted a personal
 3382  examination and assessment of the child and has made written
 3383  findings that:
 3384         1. The child appears to have an emotional disturbance
 3385  serious enough to require residential treatment and is
 3386  reasonably likely to benefit from the treatment.
 3387         2. The child has been provided with a clinically
 3388  appropriate explanation of the nature and purpose of the
 3389  treatment.
 3390         3. All available modalities of treatment less restrictive
 3391  than residential treatment have been considered, and a less
 3392  restrictive alternative that would offer comparable benefits to
 3393  the child is unavailable.
 3394  
 3395  A copy of the written findings of the evaluation and suitability
 3396  assessment must be provided to the department, to the guardian
 3397  ad litem, and, if the child is a member of a Medicaid managed
 3398  care plan, to the plan that is financially responsible for the
 3399  child’s care in residential treatment, all of whom must be
 3400  provided with the opportunity to discuss the findings with the
 3401  evaluator.
 3402         (d) Immediately upon placing a child in a residential
 3403  treatment program under this section, the department must notify
 3404  the guardian ad litem and the court having jurisdiction over the
 3405  child and must provide the guardian ad litem and the court with
 3406  a copy of the assessment by the qualified evaluator.
 3407         (e) Within 10 days after the admission of a child to a
 3408  residential treatment program, the director of the residential
 3409  treatment program or the director’s designee must ensure that an
 3410  individualized plan of treatment has been prepared by the
 3411  program and has been explained to the child, to the department,
 3412  and to the guardian ad litem, and submitted to the department.
 3413  The child must be involved in the preparation of the plan to the
 3414  maximum feasible extent consistent with his or her ability to
 3415  understand and participate, and the guardian ad litem and the
 3416  child’s foster parents must be involved to the maximum extent
 3417  consistent with the child’s treatment needs. The plan must
 3418  include a preliminary plan for residential treatment and
 3419  aftercare upon completion of residential treatment. The plan
 3420  must include specific behavioral and emotional goals against
 3421  which the success of the residential treatment may be measured.
 3422  A copy of the plan must be provided to the child, to the
 3423  guardian ad litem, and to the department.
 3424         (f) Within 30 days after admission, the residential
 3425  treatment program must review the appropriateness and
 3426  suitability of the child’s placement in the program. The
 3427  residential treatment program must determine whether the child
 3428  is receiving benefit toward the treatment goals and whether the
 3429  child could be treated in a less restrictive treatment program.
 3430  The residential treatment program shall prepare a written report
 3431  of its findings and submit the report to the guardian ad litem
 3432  and to the department. The department must submit the report to
 3433  the court. The report must include a discharge plan for the
 3434  child. The residential treatment program must continue to
 3435  evaluate the child’s treatment progress every 30 days thereafter
 3436  and must include its findings in a written report submitted to
 3437  the department. The department may not reimburse a facility
 3438  until the facility has submitted every written report that is
 3439  due.
 3440         (g)1. The department must submit, at the beginning of each
 3441  month, to the court having jurisdiction over the child, a
 3442  written report regarding the child’s progress toward achieving
 3443  the goals specified in the individualized plan of treatment.
 3444         2. The court must conduct a hearing to review the status of
 3445  the child’s residential treatment plan no later than 3 months
 3446  after the child’s admission to the residential treatment
 3447  program. An independent review of the child’s progress toward
 3448  achieving the goals and objectives of the treatment plan must be
 3449  completed by a qualified evaluator and submitted to the court
 3450  before its 3-month review.
 3451         3. For any child in residential treatment at the time a
 3452  judicial review is held pursuant to s. 39.701, the child’s
 3453  continued placement in residential treatment must be a subject
 3454  of the judicial review.
 3455         4. If at any time the court determines that the child is
 3456  not suitable for continued residential treatment, the court
 3457  shall order the department to place the child in the least
 3458  restrictive setting that is best suited to meet his or her
 3459  needs.
 3460         (h) After the initial 3-month review, the court must
 3461  conduct a review of the child’s residential treatment plan every
 3462  90 days.
 3463         (i) The department must adopt rules for implementing
 3464  timeframes for the completion of suitability assessments by
 3465  qualified evaluators and a procedure that includes timeframes
 3466  for completing the 3-month independent review by the qualified
 3467  evaluators of the child’s progress toward achieving the goals
 3468  and objectives of the treatment plan which review must be
 3469  submitted to the court. The Agency for Health Care
 3470  Administration must adopt rules for the registration of
 3471  qualified evaluators, the procedure for selecting the evaluators
 3472  to conduct the reviews required under this section, and a
 3473  reasonable, cost-efficient fee schedule for qualified
 3474  evaluators.
 3475         Section 36. Subsections (5) and (6) of section 394.492,
 3476  Florida Statutes, are amended to read:
 3477         394.492 Definitions.—As used in ss. 394.490-394.497, the
 3478  term:
 3479         (5) “Child or adolescent who has an emotional disturbance”
 3480  means a person under 18 years of age who is diagnosed with a
 3481  mental, emotional, or behavioral disorder of sufficient duration
 3482  to meet one of the diagnostic categories specified in the most
 3483  recent edition of the Diagnostic and Statistical Manual of the
 3484  American Psychiatric Association, but who does not exhibit
 3485  behaviors that substantially interfere with or limit his or her
 3486  role or ability to function in the family, school, or community.
 3487  The emotional disturbance must not be considered to be a
 3488  temporary response to a stressful situation. The term does not
 3489  include a child or adolescent who meets the criteria for
 3490  involuntary services placement under s. 394.467(1).
 3491         (6) “Child or adolescent who has a serious emotional
 3492  disturbance or mental illness” means a person under 18 years of
 3493  age who:
 3494         (a) Is diagnosed as having a mental, emotional, or
 3495  behavioral disorder that meets one of the diagnostic categories
 3496  specified in the most recent edition of the Diagnostic and
 3497  Statistical Manual of Mental Disorders of the American
 3498  Psychiatric Association; and
 3499         (b) Exhibits behaviors that substantially interfere with or
 3500  limit his or her role or ability to function in the family,
 3501  school, or community, which behaviors are not considered to be a
 3502  temporary response to a stressful situation.
 3503  
 3504  The term includes a child or adolescent who meets the criteria
 3505  for involuntary services placement under s. 394.467(1).
 3506         Section 37. Paragraphs (a) and (c) of subsection (3) of
 3507  section 394.495, Florida Statutes, are amended to read:
 3508         394.495 Child and adolescent mental health system of care;
 3509  programs and services.—
 3510         (3) Assessments must be performed by:
 3511         (a) A professional as defined in s. 394.455(7), (33), (36),
 3512  or (37) 394.455(5), (7), (32), (35), or (36);
 3513         (c) A person who is under the direct supervision of a
 3514  qualified professional as defined in s. 394.455(7), (33), (36),
 3515  or (37) 394.455(5), (7), (32), (35), or (36) or a professional
 3516  licensed under chapter 491.
 3517         Section 38. Subsection (5) of section 394.496, Florida
 3518  Statutes, is amended to read:
 3519         394.496 Service planning.—
 3520         (5) A professional as defined in s. 394.455(7), (33), (36),
 3521  or (37) 394.455(5), (7), (32), (35), or (36) or a professional
 3522  licensed under chapter 491 must be included among those persons
 3523  developing the services plan.
 3524         Section 39. Paragraph (b) of subsection (10) of section
 3525  394.9082, Florida Statutes, is amended to read:
 3526         394.9082 Behavioral health managing entities.—
 3527         (10) ACUTE CARE SERVICES UTILIZATION DATABASE.—The
 3528  department shall develop, implement, and maintain standards
 3529  under which a managing entity shall collect utilization data
 3530  from all public receiving facilities situated within its
 3531  geographical service area and all detoxification and addictions
 3532  receiving facilities under contract with the managing entity. As
 3533  used in this subsection, the term “public receiving facility”
 3534  means an entity that meets the licensure requirements of, and is
 3535  designated by, the department to operate as a public receiving
 3536  facility under s. 394.875 and that is operating as a licensed
 3537  crisis stabilization unit.
 3538         (b) A managing entity shall require providers specified in
 3539  paragraph (a) to submit data, in real time or at least daily, to
 3540  the managing entity for:
 3541         1.All admissions and discharges of clients receiving
 3542  public receiving facility services who qualify as indigent, as
 3543  defined in s. 394.4787.
 3544         1.2. All admissions and discharges of clients receiving
 3545  substance abuse services in an addictions receiving facility or
 3546  detoxification facility pursuant to parts IV and V of chapter
 3547  397 who qualify as indigent.
 3548         2.3. The current active census of total licensed and
 3549  utilized beds, the number of beds purchased by the department,
 3550  the number of clients qualifying as indigent who occupy any of
 3551  those beds, the total number of unoccupied licensed beds,
 3552  regardless of funding, and the number in excess of licensed
 3553  capacity. Crisis units licensed for both adult and child use
 3554  will report as a single unit.
 3555         Section 40. Subsection (6) of section 394.9085, Florida
 3556  Statutes, is amended to read:
 3557         394.9085 Behavioral provider liability.—
 3558         (6) For purposes of this section, the terms “detoxification
 3559  services,” “addictions receiving facility,” and “receiving
 3560  facility” have the same meanings as those provided in ss.
 3561  397.311(25)(a)4., 397.311(25)(a)1., and 394.455(41) 394.455(39),
 3562  respectively.
 3563         Section 41. Paragraph (b) of subsection (1) of section
 3564  409.972, Florida Statutes, is amended to read:
 3565         409.972 Mandatory and voluntary enrollment.—
 3566         (1) The following Medicaid-eligible persons are exempt from
 3567  mandatory managed care enrollment required by s. 409.965, and
 3568  may voluntarily choose to participate in the managed medical
 3569  assistance program:
 3570         (b) Medicaid recipients residing in residential commitment
 3571  facilities operated through the Department of Juvenile Justice
 3572  or a treatment facility as defined in s. 394.455(51)
 3573  394.455(47).
 3574         Section 42. Subsection (7) of section 744.2007, Florida
 3575  Statutes, is amended to read:
 3576         744.2007 Powers and duties.—
 3577         (7) A public guardian may not commit a ward to a treatment
 3578  facility, as defined in s. 394.455(51) 394.455(47), without an
 3579  involuntary placement proceeding as provided by law.
 3580         Section 43. Paragraph (a) of subsection (2) of section
 3581  790.065, Florida Statutes, is amended to read:
 3582         790.065 Sale and delivery of firearms.—
 3583         (2) Upon receipt of a request for a criminal history record
 3584  check, the Department of Law Enforcement shall, during the
 3585  licensee’s call or by return call, forthwith:
 3586         (a) Review any records available to determine if the
 3587  potential buyer or transferee:
 3588         1. Has been convicted of a felony and is prohibited from
 3589  receipt or possession of a firearm pursuant to s. 790.23;
 3590         2. Has been convicted of a misdemeanor crime of domestic
 3591  violence, and therefore is prohibited from purchasing a firearm;
 3592         3. Has had adjudication of guilt withheld or imposition of
 3593  sentence suspended on any felony or misdemeanor crime of
 3594  domestic violence unless 3 years have elapsed since probation or
 3595  any other conditions set by the court have been fulfilled or
 3596  expunction has occurred; or
 3597         4. Has been adjudicated mentally defective or has been
 3598  committed to a mental institution by a court or as provided in
 3599  sub-sub-subparagraph b.(II), and as a result is prohibited by
 3600  state or federal law from purchasing a firearm.
 3601         a. As used in this subparagraph, “adjudicated mentally
 3602  defective” means a determination by a court that a person, as a
 3603  result of marked subnormal intelligence, or mental illness,
 3604  incompetency, condition, or disease, is a danger to himself or
 3605  herself or to others or lacks the mental capacity to contract or
 3606  manage his or her own affairs. The phrase includes a judicial
 3607  finding of incapacity under s. 744.331(6)(a), an acquittal by
 3608  reason of insanity of a person charged with a criminal offense,
 3609  and a judicial finding that a criminal defendant is not
 3610  competent to stand trial.
 3611         b. As used in this subparagraph, “committed to a mental
 3612  institution” means:
 3613         (I) Involuntary commitment, commitment for mental
 3614  defectiveness or mental illness, and commitment for substance
 3615  abuse. The phrase includes involuntary services inpatient
 3616  placement as defined in s. 394.467, involuntary outpatient
 3617  placement as defined in s. 394.4655, involuntary assessment and
 3618  stabilization under s. 397.6818, and involuntary substance abuse
 3619  treatment under s. 397.6957, but does not include a person in a
 3620  mental institution for observation or discharged from a mental
 3621  institution based upon the initial review by the physician or a
 3622  voluntary admission to a mental institution; or
 3623         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 3624  admission to a mental institution for outpatient or inpatient
 3625  treatment of a person who had an involuntary examination under
 3626  s. 394.463, where each of the following conditions have been
 3627  met:
 3628         (A) An examining physician found that the person is an
 3629  imminent danger to himself or herself or others.
 3630         (B) The examining physician certified that if the person
 3631  did not agree to voluntary treatment, a petition for involuntary
 3632  outpatient or inpatient treatment would have been filed under s.
 3633  394.463(2)(f)3. 394.463(2)(i)4., or the examining physician
 3634  certified that a petition was filed and the person subsequently
 3635  agreed to voluntary treatment prior to a court hearing on the
 3636  petition.
 3637         (C) Before agreeing to voluntary treatment, the person
 3638  received written notice of that finding and certification, and
 3639  written notice that as a result of such finding, he or she may
 3640  be prohibited from purchasing a firearm, and may not be eligible
 3641  to apply for or retain a concealed weapon or firearms license
 3642  under s. 790.06 and the person acknowledged such notice in
 3643  writing, in substantially the following form:
 3644  “I understand that the doctor who examined me believes I am a
 3645  danger to myself or to others. I understand that if I do not
 3646  agree to voluntary treatment, a petition will be filed in court
 3647  to require me to receive involuntary treatment. I understand
 3648  that if that petition is filed, I have the right to contest it.
 3649  In the event a petition has been filed, I understand that I can
 3650  subsequently agree to voluntary treatment prior to a court
 3651  hearing. I understand that by agreeing to voluntary treatment in
 3652  either of these situations, I may be prohibited from buying
 3653  firearms and from applying for or retaining a concealed weapons
 3654  or firearms license until I apply for and receive relief from
 3655  that restriction under Florida law.”
 3656         (D) A judge or a magistrate has, pursuant to sub-sub
 3657  subparagraph c.(II), reviewed the record of the finding,
 3658  certification, notice, and written acknowledgment classifying
 3659  the person as an imminent danger to himself or herself or
 3660  others, and ordered that such record be submitted to the
 3661  department.
 3662         c. In order to check for these conditions, the department
 3663  shall compile and maintain an automated database of persons who
 3664  are prohibited from purchasing a firearm based on court records
 3665  of adjudications of mental defectiveness or commitments to
 3666  mental institutions.
 3667         (I) Except as provided in sub-sub-subparagraph (II), clerks
 3668  of court shall submit these records to the department within 1
 3669  month after the rendition of the adjudication or commitment.
 3670  Reports shall be submitted in an automated format. The reports
 3671  must, at a minimum, include the name, along with any known alias
 3672  or former name, the sex, and the date of birth of the subject.
 3673         (II) For persons committed to a mental institution pursuant
 3674  to sub-sub-subparagraph b.(II), within 24 hours after the
 3675  person’s agreement to voluntary admission, a record of the
 3676  finding, certification, notice, and written acknowledgment must
 3677  be filed by the administrator of the receiving or treatment
 3678  facility, as defined in s. 394.455, with the clerk of the court
 3679  for the county in which the involuntary examination under s.
 3680  394.463 occurred. No fee shall be charged for the filing under
 3681  this sub-sub-subparagraph. The clerk must present the records to
 3682  a judge or magistrate within 24 hours after receipt of the
 3683  records. A judge or magistrate is required and has the lawful
 3684  authority to review the records ex parte and, if the judge or
 3685  magistrate determines that the record supports the classifying
 3686  of the person as an imminent danger to himself or herself or
 3687  others, to order that the record be submitted to the department.
 3688  If a judge or magistrate orders the submittal of the record to
 3689  the department, the record must be submitted to the department
 3690  within 24 hours.
 3691         d. A person who has been adjudicated mentally defective or
 3692  committed to a mental institution, as those terms are defined in
 3693  this paragraph, may petition the court that made the
 3694  adjudication or commitment, or the court that ordered that the
 3695  record be submitted to the department pursuant to sub-sub
 3696  subparagraph c.(II), for relief from the firearm disabilities
 3697  imposed by such adjudication or commitment. A copy of the
 3698  petition shall be served on the state attorney for the county in
 3699  which the person was adjudicated or committed. The state
 3700  attorney may object to and present evidence relevant to the
 3701  relief sought by the petition. The hearing on the petition may
 3702  be open or closed as the petitioner may choose. The petitioner
 3703  may present evidence and subpoena witnesses to appear at the
 3704  hearing on the petition. The petitioner may confront and cross
 3705  examine witnesses called by the state attorney. A record of the
 3706  hearing shall be made by a certified court reporter or by court
 3707  approved electronic means. The court shall make written findings
 3708  of fact and conclusions of law on the issues before it and issue
 3709  a final order. The court shall grant the relief requested in the
 3710  petition if the court finds, based on the evidence presented
 3711  with respect to the petitioner’s reputation, the petitioner’s
 3712  mental health record and, if applicable, criminal history
 3713  record, the circumstances surrounding the firearm disability,
 3714  and any other evidence in the record, that the petitioner will
 3715  not be likely to act in a manner that is dangerous to public
 3716  safety and that granting the relief would not be contrary to the
 3717  public interest. If the final order denies relief, the
 3718  petitioner may not petition again for relief from firearm
 3719  disabilities until 1 year after the date of the final order. The
 3720  petitioner may seek judicial review of a final order denying
 3721  relief in the district court of appeal having jurisdiction over
 3722  the court that issued the order. The review shall be conducted
 3723  de novo. Relief from a firearm disability granted under this
 3724  sub-subparagraph has no effect on the loss of civil rights,
 3725  including firearm rights, for any reason other than the
 3726  particular adjudication of mental defectiveness or commitment to
 3727  a mental institution from which relief is granted.
 3728         e. Upon receipt of proper notice of relief from firearm
 3729  disabilities granted under sub-subparagraph d., the department
 3730  shall delete any mental health record of the person granted
 3731  relief from the automated database of persons who are prohibited
 3732  from purchasing a firearm based on court records of
 3733  adjudications of mental defectiveness or commitments to mental
 3734  institutions.
 3735         f. The department is authorized to disclose data collected
 3736  pursuant to this subparagraph to agencies of the Federal
 3737  Government and other states for use exclusively in determining
 3738  the lawfulness of a firearm sale or transfer. The department is
 3739  also authorized to disclose this data to the Department of
 3740  Agriculture and Consumer Services for purposes of determining
 3741  eligibility for issuance of a concealed weapons or concealed
 3742  firearms license and for determining whether a basis exists for
 3743  revoking or suspending a previously issued license pursuant to
 3744  s. 790.06(10). When a potential buyer or transferee appeals a
 3745  nonapproval based on these records, the clerks of court and
 3746  mental institutions shall, upon request by the department,
 3747  provide information to help determine whether the potential
 3748  buyer or transferee is the same person as the subject of the
 3749  record. Photographs and any other data that could confirm or
 3750  negate identity must be made available to the department for
 3751  such purposes, notwithstanding any other provision of state law
 3752  to the contrary. Any such information that is made confidential
 3753  or exempt from disclosure by law shall retain such confidential
 3754  or exempt status when transferred to the department.
 3755         Section 44. Subsection (1) of section 945.46, Florida
 3756  Statutes, is amended to read:
 3757         945.46 Initiation of involuntary services placement
 3758  proceedings with respect to a mentally ill inmate scheduled for
 3759  release.—
 3760         (1) If an inmate who is receiving mental health treatment
 3761  in the department is scheduled for release through expiration of
 3762  sentence or any other means, but continues to be mentally ill
 3763  and in need of care and treatment, as defined in s. 945.42, the
 3764  warden is authorized to initiate procedures for involuntary
 3765  services placement pursuant to s. 394.467, 60 days prior to such
 3766  release.
 3767         Section 45. This act shall take effect July 1, 2017.