Florida Senate - 2018                              CS for SB 270
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Steube
       
       
       
       
       586-03440-18                                           2018270c1
    1                        A bill to be entitled                      
    2         An act relating to involuntary examination and
    3         involuntary admission of minors; amending s. 394.462,
    4         F.S.; authorizing a designated law enforcement agency
    5         to decline to transport a minor 14 years of age or
    6         younger to a receiving facility for mental health or
    7         substance abuse evaluation if the parent or guardian
    8         of the minor agrees to transport the minor to the
    9         receiving facility; amending s. 394.463, F.S.;
   10         providing circumstances under which a minor 14 years
   11         of age or younger may be taken to a receiving facility
   12         for involuntary examination; requiring an assessment
   13         by a service provider of a minor 14 years of age or
   14         younger to be initiated within 8 hours after the
   15         patient’s arrival at the receiving facility; requiring
   16         a receiving facility to release a minor 14 years of
   17         age or younger to the minor’s parent or guardian;
   18         providing exceptions; amending ss. 394.4599 and
   19         790.065, F.S.; conforming cross-references; providing
   20         an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (b) of subsection (1) of section
   25  394.462, Florida Statutes, is amended to read:
   26         394.462 Transportation.—A transportation plan shall be
   27  developed and implemented by each county by July 1, 2017, in
   28  collaboration with the managing entity in accordance with this
   29  section. A county may enter into a memorandum of understanding
   30  with the governing boards of nearby counties to establish a
   31  shared transportation plan. When multiple counties enter into a
   32  memorandum of understanding for this purpose, the counties shall
   33  notify the managing entity and provide it with a copy of the
   34  agreement. The transportation plan shall describe methods of
   35  transport to a facility within the designated receiving system
   36  for individuals subject to involuntary examination under s.
   37  394.463 or involuntary admission under s. 397.6772, s. 397.679,
   38  s. 397.6798, or s. 397.6811, and may identify responsibility for
   39  other transportation to a participating facility when necessary
   40  and agreed to by the facility. The plan may rely on emergency
   41  medical transport services or private transport companies, as
   42  appropriate. The plan shall comply with the transportation
   43  provisions of this section and ss. 397.6772, 397.6795, 397.6822,
   44  and 397.697.
   45         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
   46         (b)1. The designated law enforcement agency may decline to
   47  transport the person to a receiving facility only if:
   48         a. The jurisdiction designated by the county has contracted
   49  on an annual basis with an emergency medical transport service
   50  or private transport company for transportation of persons to
   51  receiving facilities pursuant to this section at the sole cost
   52  of the county; and
   53         b. The law enforcement agency and the emergency medical
   54  transport service or private transport company agree that the
   55  continued presence of law enforcement personnel is not necessary
   56  for the safety of the person or others; and.
   57         c. With respect to a minor 14 years of age or younger, the
   58  parent or guardian of the minor agrees to transport the minor to
   59  the receiving facility.
   60         2. The entity providing transportation may seek
   61  reimbursement for transportation expenses. The party responsible
   62  for payment for such transportation is the person receiving the
   63  transportation. The county shall seek reimbursement from the
   64  following sources in the following order:
   65         a. From a private or public third-party payor, if the
   66  person receiving the transportation has applicable coverage.
   67         b. From the person receiving the transportation.
   68         c. From a financial settlement for medical care, treatment,
   69  hospitalization, or transportation payable or accruing to the
   70  injured party.
   71         Section 2. Subsection (1) and paragraph (g) of subsection
   72  (2) of section 394.463, Florida Statutes, are amended to read:
   73         394.463 Involuntary examination.—
   74         (1) CRITERIA.—
   75         (a) A person older than 14 years of age may be taken to a
   76  receiving facility for involuntary examination if there is
   77  reason to believe that the person has a mental illness and
   78  because of his or her mental illness:
   79         (a)1.a. The person has refused voluntary examination after
   80  conscientious explanation and disclosure of the purpose of the
   81  examination; or
   82         b.2. The person is unable to determine for himself or
   83  herself whether examination is necessary; and
   84         2.a.(b)1. Without care or treatment, the person is likely
   85  to suffer from neglect or refuse to care for himself or herself;
   86  such neglect or refusal poses a real and present threat of
   87  substantial harm to his or her well-being; and it is not
   88  apparent that such harm may be avoided through the help of
   89  willing family members or friends or the provision of other
   90  services; or
   91         b.2. There is a substantial likelihood that, without care
   92  or treatment, the person will cause serious bodily harm to
   93  himself or herself or others in the near future, as evidenced by
   94  recent behavior.
   95         (b)1. A minor 14 years of age or younger may be taken to a
   96  receiving facility for involuntary examination with the consent
   97  of the parent or guardian of the minor if there is reason to
   98  believe that the minor has a mental illness and because of his
   99  or her mental illness:
  100         a. Without care or treatment, the minor is likely to suffer
  101  from neglect or refuse to care for himself or herself; such
  102  neglect or refusal poses a real and present threat of
  103  substantial harm to his or her well-being; and it is not
  104  apparent that such harm may be avoided through the help of
  105  willing family members or friends or the provision of other
  106  services; or
  107         b. There is a substantial likelihood that, without care or
  108  treatment, the minor will cause serious bodily harm to himself
  109  or herself or others in the near future, as evidenced by recent
  110  behavior.
  111         2. The consent of a parent or guardian of the minor is not
  112  required if the person who initiates the examination details in
  113  writing that at least one of the following events has occurred:
  114         a. Reasonable attempts have been made to contact the
  115  parents or guardians of the minor, and the parents or guardians
  116  could not be contacted or could not take custody of the minor
  117  within a reasonable amount of time.
  118         b. The minor was considered for an involuntary examination
  119  because he or she caused or attempted to cause serious bodily
  120  harm to himself or herself or others or possessed an item such
  121  as a weapon, a knife, a razor, a pill, or poison for the purpose
  122  of conducting such harm.
  123         c. The minor is in the custody of the department.
  124         d. The person who initiated the involuntary examination or
  125  the person who reported the minor’s suspected mental illness to
  126  the person authorized to initiate an involuntary examination
  127  made a report to the central abuse hotline, pursuant to s.
  128  39.201, based upon knowledge or suspicion of abuse, abandonment,
  129  or neglect.
  130         (2) INVOLUNTARY EXAMINATION.—
  131         (g)1. The examination period must be for up to 72 hours.
  132  For a minor older than 14 years of age, the examination shall be
  133  initiated within 12 hours after the patient’s arrival at the
  134  facility. For a minor 14 years of age or younger, an assessment
  135  by a service provider shall be initiated within 8 hours after
  136  the patient’s arrival at the facility. Within the examination
  137  period or, if the examination period ends on a weekend or
  138  holiday, no later than the next working day thereafter, one of
  139  the following actions must be taken, based on the individual
  140  needs of the patient:
  141         a.1. The patient shall be released, unless he or she is
  142  charged with a crime, in which case the patient shall be
  143  returned to the custody of a law enforcement officer;
  144         b.2. The patient shall be released, subject to subparagraph
  145  1., for voluntary outpatient treatment;
  146         c.3. The patient, unless he or she is charged with a crime,
  147  shall be asked to give express and informed consent to placement
  148  as a voluntary patient and, if such consent is given, the
  149  patient shall be admitted as a voluntary patient; or
  150         d.4. A petition for involuntary services shall be filed in
  151  the circuit court if inpatient treatment is deemed necessary or
  152  with the criminal county court, as defined in s. 394.4655(1), as
  153  applicable. When inpatient treatment is deemed necessary, the
  154  least restrictive treatment consistent with the optimum
  155  improvement of the patient’s condition shall be made available.
  156  When a petition is to be filed for involuntary outpatient
  157  placement, it shall be filed by one of the petitioners specified
  158  in s. 394.4655(4)(a). A petition for involuntary inpatient
  159  placement shall be filed by the facility administrator.
  160         2.A receiving facility must release a minor 14 years of
  161  age or younger without delay to the minor’s parent or guardian
  162  upon request unless consent was not necessary to conduct the
  163  examination under subparagraph (1)(b)2., the facility made a
  164  report with the central abuse hotline, pursuant to s. 39.201,
  165  based upon knowledge or suspicion of abuse, abandonment, or
  166  neglect, or the facility filed a petition for involuntary
  167  services.
  168         Section 3. Paragraph (c) of subsection (2) of section
  169  394.4599, Florida Statutes, is amended to read:
  170         394.4599 Notice.—
  171         (2) INVOLUNTARY ADMISSION.—
  172         (c)1. A receiving facility shall give notice of the
  173  whereabouts of a minor who is being involuntarily held for
  174  examination pursuant to s. 394.463 to the minor’s parent,
  175  guardian, caregiver, or guardian advocate, in person or by
  176  telephone or other form of electronic communication, immediately
  177  after the minor’s arrival at the facility. The facility may
  178  delay notification for no more than 24 hours after the minor’s
  179  arrival if the facility has submitted a report to the central
  180  abuse hotline, pursuant to s. 39.201, based upon knowledge or
  181  suspicion of abuse, abandonment, or neglect and if the facility
  182  deems a delay in notification to be in the minor’s best
  183  interest.
  184         2. The receiving facility shall attempt to notify the
  185  minor’s parent, guardian, caregiver, or guardian advocate until
  186  the receiving facility receives confirmation from the parent,
  187  guardian, caregiver, or guardian advocate, verbally, by
  188  telephone or other form of electronic communication, or by
  189  recorded message, that notification has been received. Attempts
  190  to notify the parent, guardian, caregiver, or guardian advocate
  191  must be repeated at least once every hour during the first 12
  192  hours after the minor’s arrival and once every 24 hours
  193  thereafter and must continue until such confirmation is
  194  received, unless the minor is released at the end of the 72-hour
  195  examination period, or until a petition for involuntary services
  196  is filed with the court pursuant to s. 394.463(2)(g)1.d. s.
  197  394.463(2)(g). The receiving facility may seek assistance from a
  198  law enforcement agency to notify the minor’s parent, guardian,
  199  caregiver, or guardian advocate if the facility has not received
  200  within the first 24 hours after the minor’s arrival a
  201  confirmation by the parent, guardian, caregiver, or guardian
  202  advocate that notification has been received. The receiving
  203  facility must document notification attempts in the minor’s
  204  clinical record.
  205         Section 4. Paragraph (a) of subsection (2) of section
  206  790.065, Florida Statutes, is amended to read:
  207         790.065 Sale and delivery of firearms.—
  208         (2) Upon receipt of a request for a criminal history record
  209  check, the Department of Law Enforcement shall, during the
  210  licensee’s call or by return call, forthwith:
  211         (a) Review any records available to determine if the
  212  potential buyer or transferee:
  213         1. Has been convicted of a felony and is prohibited from
  214  receipt or possession of a firearm pursuant to s. 790.23;
  215         2. Has been convicted of a misdemeanor crime of domestic
  216  violence, and therefore is prohibited from purchasing a firearm;
  217         3. Has had adjudication of guilt withheld or imposition of
  218  sentence suspended on any felony or misdemeanor crime of
  219  domestic violence unless 3 years have elapsed since probation or
  220  any other conditions set by the court have been fulfilled or
  221  expunction has occurred; or
  222         4. Has been adjudicated mentally defective or has been
  223  committed to a mental institution by a court or as provided in
  224  sub-sub-subparagraph b.(II), and as a result is prohibited by
  225  state or federal law from purchasing a firearm.
  226         a. As used in this subparagraph, “adjudicated mentally
  227  defective” means a determination by a court that a person, as a
  228  result of marked subnormal intelligence, or mental illness,
  229  incompetency, condition, or disease, is a danger to himself or
  230  herself or to others or lacks the mental capacity to contract or
  231  manage his or her own affairs. The phrase includes a judicial
  232  finding of incapacity under s. 744.331(6)(a), an acquittal by
  233  reason of insanity of a person charged with a criminal offense,
  234  and a judicial finding that a criminal defendant is not
  235  competent to stand trial.
  236         b. As used in this subparagraph, “committed to a mental
  237  institution” means:
  238         (I) Involuntary commitment, commitment for mental
  239  defectiveness or mental illness, and commitment for substance
  240  abuse. The phrase includes involuntary inpatient placement as
  241  defined in s. 394.467, involuntary outpatient placement as
  242  defined in s. 394.4655, involuntary assessment and stabilization
  243  under s. 397.6818, and involuntary substance abuse treatment
  244  under s. 397.6957, but does not include a person in a mental
  245  institution for observation or discharged from a mental
  246  institution based upon the initial review by the physician or a
  247  voluntary admission to a mental institution; or
  248         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
  249  admission to a mental institution for outpatient or inpatient
  250  treatment of a person who had an involuntary examination under
  251  s. 394.463, where each of the following conditions have been
  252  met:
  253         (A) An examining physician found that the person is an
  254  imminent danger to himself or herself or others.
  255         (B) The examining physician certified that if the person
  256  did not agree to voluntary treatment, a petition for involuntary
  257  outpatient or inpatient treatment would have been filed under s.
  258  394.463(2)(g)1.d. s. 394.463(2)(g)4., or the examining physician
  259  certified that a petition was filed and the person subsequently
  260  agreed to voluntary treatment prior to a court hearing on the
  261  petition.
  262         (C) Before agreeing to voluntary treatment, the person
  263  received written notice of that finding and certification, and
  264  written notice that as a result of such finding, he or she may
  265  be prohibited from purchasing a firearm, and may not be eligible
  266  to apply for or retain a concealed weapon or firearms license
  267  under s. 790.06 and the person acknowledged such notice in
  268  writing, in substantially the following form:
  269  
  270  “I understand that the doctor who examined me believes I am a
  271  danger to myself or to others. I understand that if I do not
  272  agree to voluntary treatment, a petition will be filed in court
  273  to require me to receive involuntary treatment. I understand
  274  that if that petition is filed, I have the right to contest it.
  275  In the event a petition has been filed, I understand that I can
  276  subsequently agree to voluntary treatment prior to a court
  277  hearing. I understand that by agreeing to voluntary treatment in
  278  either of these situations, I may be prohibited from buying
  279  firearms and from applying for or retaining a concealed weapons
  280  or firearms license until I apply for and receive relief from
  281  that restriction under Florida law.”
  282  
  283         (D) A judge or a magistrate has, pursuant to sub-sub
  284  subparagraph c.(II), reviewed the record of the finding,
  285  certification, notice, and written acknowledgment classifying
  286  the person as an imminent danger to himself or herself or
  287  others, and ordered that such record be submitted to the
  288  department.
  289         c. In order to check for these conditions, the department
  290  shall compile and maintain an automated database of persons who
  291  are prohibited from purchasing a firearm based on court records
  292  of adjudications of mental defectiveness or commitments to
  293  mental institutions.
  294         (I) Except as provided in sub-sub-subparagraph (II), clerks
  295  of court shall submit these records to the department within 1
  296  month after the rendition of the adjudication or commitment.
  297  Reports shall be submitted in an automated format. The reports
  298  must, at a minimum, include the name, along with any known alias
  299  or former name, the sex, and the date of birth of the subject.
  300         (II) For persons committed to a mental institution pursuant
  301  to sub-sub-subparagraph b.(II), within 24 hours after the
  302  person’s agreement to voluntary admission, a record of the
  303  finding, certification, notice, and written acknowledgment must
  304  be filed by the administrator of the receiving or treatment
  305  facility, as defined in s. 394.455, with the clerk of the court
  306  for the county in which the involuntary examination under s.
  307  394.463 occurred. No fee shall be charged for the filing under
  308  this sub-sub-subparagraph. The clerk must present the records to
  309  a judge or magistrate within 24 hours after receipt of the
  310  records. A judge or magistrate is required and has the lawful
  311  authority to review the records ex parte and, if the judge or
  312  magistrate determines that the record supports the classifying
  313  of the person as an imminent danger to himself or herself or
  314  others, to order that the record be submitted to the department.
  315  If a judge or magistrate orders the submittal of the record to
  316  the department, the record must be submitted to the department
  317  within 24 hours.
  318         d. A person who has been adjudicated mentally defective or
  319  committed to a mental institution, as those terms are defined in
  320  this paragraph, may petition the court that made the
  321  adjudication or commitment, or the court that ordered that the
  322  record be submitted to the department pursuant to sub-sub
  323  subparagraph c.(II), for relief from the firearm disabilities
  324  imposed by such adjudication or commitment. A copy of the
  325  petition shall be served on the state attorney for the county in
  326  which the person was adjudicated or committed. The state
  327  attorney may object to and present evidence relevant to the
  328  relief sought by the petition. The hearing on the petition may
  329  be open or closed as the petitioner may choose. The petitioner
  330  may present evidence and subpoena witnesses to appear at the
  331  hearing on the petition. The petitioner may confront and cross
  332  examine witnesses called by the state attorney. A record of the
  333  hearing shall be made by a certified court reporter or by court
  334  approved electronic means. The court shall make written findings
  335  of fact and conclusions of law on the issues before it and issue
  336  a final order. The court shall grant the relief requested in the
  337  petition if the court finds, based on the evidence presented
  338  with respect to the petitioner’s reputation, the petitioner’s
  339  mental health record and, if applicable, criminal history
  340  record, the circumstances surrounding the firearm disability,
  341  and any other evidence in the record, that the petitioner will
  342  not be likely to act in a manner that is dangerous to public
  343  safety and that granting the relief would not be contrary to the
  344  public interest. If the final order denies relief, the
  345  petitioner may not petition again for relief from firearm
  346  disabilities until 1 year after the date of the final order. The
  347  petitioner may seek judicial review of a final order denying
  348  relief in the district court of appeal having jurisdiction over
  349  the court that issued the order. The review shall be conducted
  350  de novo. Relief from a firearm disability granted under this
  351  sub-subparagraph has no effect on the loss of civil rights,
  352  including firearm rights, for any reason other than the
  353  particular adjudication of mental defectiveness or commitment to
  354  a mental institution from which relief is granted.
  355         e. Upon receipt of proper notice of relief from firearm
  356  disabilities granted under sub-subparagraph d., the department
  357  shall delete any mental health record of the person granted
  358  relief from the automated database of persons who are prohibited
  359  from purchasing a firearm based on court records of
  360  adjudications of mental defectiveness or commitments to mental
  361  institutions.
  362         f. The department is authorized to disclose data collected
  363  pursuant to this subparagraph to agencies of the Federal
  364  Government and other states for use exclusively in determining
  365  the lawfulness of a firearm sale or transfer. The department is
  366  also authorized to disclose this data to the Department of
  367  Agriculture and Consumer Services for purposes of determining
  368  eligibility for issuance of a concealed weapons or concealed
  369  firearms license and for determining whether a basis exists for
  370  revoking or suspending a previously issued license pursuant to
  371  s. 790.06(10). When a potential buyer or transferee appeals a
  372  nonapproval based on these records, the clerks of court and
  373  mental institutions shall, upon request by the department,
  374  provide information to help determine whether the potential
  375  buyer or transferee is the same person as the subject of the
  376  record. Photographs and any other data that could confirm or
  377  negate identity must be made available to the department for
  378  such purposes, notwithstanding any other provision of state law
  379  to the contrary. Any such information that is made confidential
  380  or exempt from disclosure by law shall retain such confidential
  381  or exempt status when transferred to the department.
  382         Section 5. This act shall take effect July 1, 2018.