Florida Senate - 2019                                     SB 960
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01746-19                                            2019960__
    1                        A bill to be entitled                      
    2         An act relating to the Marchman Act; providing a short
    3         title; amending s. 397.311, F.S.; revising
    4         definitions; amending s. 397.6760, F.S.; requiring,
    5         rather than authorizing, a clerk of the court to
    6         disclose certain records; amending s. 397.6772, F.S.;
    7         removing provisions authorizing a law enforcement
    8         officer to detain a person in certain facilities under
    9         certain circumstances; amending s. 397.681, F.S.;
   10         authorizing certain petitions to be pled concurrently;
   11         providing that a violation of a court order is subject
   12         to certain powers; amending s. 397.6811, F.S.;
   13         authorizing certain persons to be held at certain
   14         facilities for a specified timeframe; prohibiting a
   15         licensed service provider from initiating proceedings
   16         unless certain conditions are met; amending s.
   17         397.6814, F.S.; requiring certain petitions to include
   18         additional specified information; amending s.
   19         397.6815, F.S.; revising provisions relating to the
   20         procedures for filing certain petitions; authorizing a
   21         petitioner to serve a respondent by private process;
   22         requiring a court to schedule a hearing on certain
   23         petitions within a specified timeframe; providing
   24         duties of the court and the clerk of the court
   25         relating to the issuance of a writ of bodily
   26         attachment; amending s. 397.6818, F.S.; requiring,
   27         rather than authorizing, a court to designate a
   28         licensed service provider to perform an involuntary
   29         assessment and stabilization in a specified order;
   30         requiring the court to make its findings based on
   31         certain records within a specified timeframe;
   32         requiring the court to schedule a hearing on a certain
   33         petition within a specified timeframe; authorizing the
   34         court to order a law enforcement agency to take a
   35         respondent into custody for involuntary assessment by
   36         a licensed service provider; amending s. 397.695,
   37         F.S.; prohibiting a licensed service provider from
   38         initiating proceedings unless certain conditions are
   39         met; amending s. 397.6957, F.S.; revising provisions
   40         relating to the duties of a court upon the filing of
   41         certain petitions; amending ss. 397.675, 397.6758,
   42         397.6799, 397.6822, 397.693, 397.6951, 397.6955,
   43         397.697, and 397.6975, F.S.; conforming provisions to
   44         changes made by the act; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. This act may be cited as the “Substance Abuse
   49  Services Modernization Act of 2019.”
   50         Section 2. Subsections (19) and (41) of section 397.311,
   51  Florida Statutes, are amended to read:
   52         397.311 Definitions.—As used in this chapter, except part
   53  VIII, the term:
   54         (19) “Impaired” or “substance abuse impaired” means a
   55  condition involving the use of alcoholic beverages or any
   56  psychoactive or mood-altering substance in such a manner as to
   57  induce mental, emotional, or physical problems and cause
   58  socially dysfunctional behavior. For purposes of this chapter, a
   59  person does not need to be under the influence of any substance
   60  to be substance abuse impaired.
   61         (41) “Secure facility,” except where the context indicates
   62  a correctional system facility, means a licensed provider that
   63  has the authority pursuant to this chapter to deter the
   64  premature departure of involuntary individuals whose leaving
   65  constitutes a violation of a court order or community-based
   66  supervision as provided by law. The term “secure facility”
   67  includes addictions receiving facilities, and facilities
   68  authorized by local ordinance for the treatment of habitual
   69  abusers, and crisis stabilization units or residential treatment
   70  facilities licensed under s. 394.875.
   71         Section 3. Section 397.675, Florida Statutes, is amended to
   72  read:
   73         397.675 Criteria for involuntary admissions, including
   74  protective custody, emergency admission, and other involuntary
   75  assessment, involuntary services treatment, and alternative
   76  involuntary assessment for minors, for purposes of assessment
   77  and stabilization, and for involuntary services treatment.—A
   78  person meets the criteria for involuntary admission if there is
   79  a good faith reason to believe that the person is substance
   80  abuse impaired or has a co-occurring mental health disorder and,
   81  because of such impairment or disorder:
   82         (1) Has lost the power of self-control with respect to
   83  substance abuse; and
   84         (2)(a) Is in need of substance abuse services and, by
   85  reason of substance abuse impairment, his or her judgment has
   86  been so impaired that he or she is incapable of appreciating his
   87  or her need for such services and of making a rational decision
   88  in that regard, although mere refusal to receive such services
   89  does not constitute evidence of lack of judgment with respect to
   90  his or her need for such services; or
   91         (b) Without care or services treatment, is likely to suffer
   92  from neglect or refuse to care for himself or herself; that such
   93  neglect or refusal poses a real and present threat of
   94  substantial harm to his or her well-being; and that it is not
   95  apparent that such harm may be avoided through the help of
   96  willing family members or friends or the provision of other
   97  services, or there is substantial likelihood that the person has
   98  inflicted, or threatened to or attempted to inflict, or, unless
   99  admitted, is likely to inflict, physical or emotional harm on
  100  himself, herself, or another.
  101         Section 4. Section 397.6758, Florida Statutes, is amended
  102  to read:
  103         397.6758 Release of individual from protective custody,
  104  emergency admission, involuntary assessment, involuntary
  105  services treatment, and alternative involuntary assessment of a
  106  minor.—An individual involuntarily admitted to a licensed
  107  service provider may be released without further order of the
  108  court only by a qualified professional in a hospital, a
  109  detoxification facility, an addictions receiving facility, or
  110  any less restrictive services treatment component. Notice of the
  111  release must be provided to the applicant in the case of an
  112  emergency admission or an alternative involuntary assessment for
  113  a minor, or to the petitioner and the court if the involuntary
  114  assessment or services were treatment was court ordered. In the
  115  case of a minor, the release must be:
  116         (1) To the individual’s parent, legal guardian, or legal
  117  custodian or the authorized designee thereof;
  118         (2) To the Department of Children and Families pursuant to
  119  s. 39.401; or
  120         (3) To the Department of Juvenile Justice pursuant to s.
  121  984.13.
  122         Section 5. Subsection (1) of section 397.6760, Florida
  123  Statutes, is amended to read:
  124         397.6760 Court records; confidentiality.—
  125         (1) All petitions for involuntary assessment and
  126  stabilization, court orders, and related records that are filed
  127  with or by a court under this part are confidential and exempt
  128  from s. 119.071(1) and s. 24(a), Art. I of the State
  129  Constitution. Pleadings and other documents made confidential
  130  and exempt by this section shall may be disclosed by the clerk
  131  of the court, upon request, to any of the following:
  132         (a) The petitioner.
  133         (b) The petitioner’s attorney.
  134         (c) The respondent.
  135         (d) The respondent’s attorney.
  136         (e) The respondent’s guardian or guardian advocate, if
  137  applicable.
  138         (f) In the case of a minor respondent, the respondent’s
  139  parent, guardian, legal custodian, or guardian advocate.
  140         (g) The respondent’s treating health care practitioner.
  141         (h) The respondent’s health care surrogate or proxy.
  142         (i) The Department of Children and Families, without
  143  charge.
  144         (j) The Department of Corrections, without charge, if the
  145  respondent is committed or is to be returned to the custody of
  146  the Department of Corrections from the Department of Children
  147  and Families.
  148         (k) A person or entity authorized to view records upon a
  149  court order for good cause. In determining if there is good
  150  cause for the disclosure of records, the court must weigh the
  151  person or entity’s need for the information against potential
  152  harm to the respondent from the disclosure.
  153         Section 6. Subsection (1) of section 397.6772, Florida
  154  Statutes, is amended to read:
  155         397.6772 Protective custody without consent.—
  156         (1) If a person in circumstances which justify protective
  157  custody as described in s. 397.677 fails or refuses to consent
  158  to assistance and a law enforcement officer has determined that
  159  a hospital or a licensed detoxification or addictions receiving
  160  facility is the most appropriate place for the person, the
  161  officer may, after giving due consideration to the expressed
  162  wishes of the person,:
  163         (a) take the person to a hospital or to a licensed
  164  detoxification or addictions receiving facility against the
  165  person’s will but without using unreasonable force. The officer
  166  shall use the standard form developed by the department pursuant
  167  to s. 397.321 to execute a written report detailing the
  168  circumstances under which the person was taken into custody. The
  169  written report shall be included in the patient’s clinical
  170  record; or
  171         (b)In the case of an adult, detain the person for his or
  172  her own protection in any municipal or county jail or other
  173  appropriate detention facility.
  174  
  175  Such detention is not to be considered an arrest for any
  176  purpose, and no entry or other record may be made to indicate
  177  that the person has been detained or charged with any crime. The
  178  officer in charge of the detention facility must notify the
  179  nearest appropriate licensed service provider within the first 8
  180  hours after detention that the person has been detained. It is
  181  the duty of the detention facility to arrange, as necessary, for
  182  transportation of the person to an appropriate licensed service
  183  provider with an available bed. Persons taken into protective
  184  custody must be assessed by the attending physician within the
  185  72-hour period and without unnecessary delay, to determine the
  186  need for further services.
  187         Section 7. Section 397.6799, Florida Statutes, is amended
  188  to read:
  189         397.6799 Disposition of minor upon completion of
  190  alternative involuntary assessment.—A minor who has been
  191  assessed pursuant to s. 397.6798 must, within the time
  192  specified, be released or referred for further voluntary or
  193  involuntary services treatment, whichever is most appropriate to
  194  the needs of the minor.
  195         Section 8. Section 397.681, Florida Statutes, is amended to
  196  read:
  197         397.681 Involuntary petitions; general provisions; court
  198  jurisdiction and right to counsel.—
  199         (1) JURISDICTION.—The courts have jurisdiction of
  200  involuntary assessment and stabilization petitions and
  201  involuntary services treatment petitions for substance abuse
  202  impaired persons. Petitions for involuntary assessment and
  203  stabilization and petitions for involuntary services may be pled
  204  concurrently, and such petitions shall must be filed with the
  205  clerk of the court in the county where the person is located.
  206  The clerk of the court may not charge A fee may not be charged
  207  for the filing of a petition pursuant to under this section. The
  208  chief judge may appoint a general or special magistrate to
  209  preside over all or part of the proceedings. The alleged
  210  impaired person is named as the respondent. Any violation of a
  211  court order by a named respondent is subject to the contempt
  212  powers of the court.
  213         (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
  214  at every stage of a proceeding relating to a petition for his or
  215  her involuntary assessment and stabilization and a petition for
  216  his or her involuntary services treatment for substance abuse
  217  impairment. A respondent who desires counsel and is unable to
  218  afford private counsel has the right to court-appointed counsel
  219  and to the benefits of s. 57.081. If the court believes that the
  220  respondent needs the assistance of counsel, the court shall
  221  appoint such counsel for the respondent without regard to the
  222  respondent’s wishes. If the respondent is a minor not otherwise
  223  represented in the proceeding, the court shall immediately
  224  appoint a guardian ad litem to act on the minor’s behalf.
  225         Section 9. Section 397.6811, Florida Statutes, is amended
  226  to read:
  227         397.6811 Involuntary assessment and stabilization.—A person
  228  determined by the court to appear to meet the criteria for
  229  involuntary admission under s. 397.675 may be admitted for a
  230  period of 5 days to and held at a hospital or to a licensed
  231  detoxification facility or addictions receiving facility for a
  232  period of 5 days or more pursuant to s. 397.6822(3), for
  233  involuntary assessment and stabilization or to a less
  234  restrictive component of a licensed service provider for
  235  assessment only upon entry of a court order or upon receipt by
  236  the licensed service provider of a petition. Involuntary
  237  assessment and stabilization may be initiated by the submission
  238  of a petition to the court.
  239         (1) If the person upon whose behalf the petition is being
  240  filed is an adult, a petition for involuntary assessment and
  241  stabilization may be filed by the respondent’s spouse or legal
  242  guardian, any relative, a private practitioner, the director of
  243  a licensed service provider or the director’s designee, or an
  244  adult who has direct personal knowledge of the respondent’s
  245  substance abuse impairment.
  246         (2) If the person upon whose behalf the petition is being
  247  filed is a minor, a petition for involuntary assessment and
  248  stabilization may be filed by a parent, legal guardian, legal
  249  custodian, or licensed service provider.
  250         (3)A licensed service provider may not initiate any
  251  proceedings under this chapter unless the licensed service
  252  provider files a joint petition with an independent petitioner
  253  who has no financial interest in the licensed service provider
  254  or unless no other petitioner exists.
  255         Section 10. Section 397.6814, Florida Statutes, is amended
  256  to read:
  257         397.6814 Involuntary assessment and stabilization; contents
  258  of petition.—A petition for involuntary assessment and
  259  stabilization must contain the name of the respondent, the
  260  current location of the respondent in the county where the
  261  petition has been filed, the name of the applicant or
  262  applicants, the relationship between the respondent and the
  263  applicant, and the name of the respondent’s attorney, if known,
  264  and must state any request for a designation of a prearranged
  265  service provider for involuntary assessment and stabilization
  266  and sworn facts to support the need for involuntary assessment
  267  and stabilization, including facts to support that the
  268  respondent:
  269         (1) Has lost the power of self-control with respect to
  270  substance abuse The reason for the petitioner’s belief that the
  271  respondent is substance abuse impaired;
  272         (2)The reason for the petitioner’s belief that because of
  273  such impairment the respondent has lost the power of self
  274  control with respect to substance abuse; and
  275         (2)(3)(a) Is in need of substance abuse services and, by
  276  reason of substance abuse impairment, his or her judgment has
  277  been so impaired that he or she is incapable of appreciating his
  278  or her need for such services and of making a rational decision
  279  in that regard, although mere refusal to receive such services
  280  does not constitute evidence of lack of judgment with respect to
  281  his or her need for such services The reason the petitioner
  282  believes that the respondent has inflicted or is likely to
  283  inflict physical harm on himself or herself or others unless
  284  admitted; or
  285         (b) Without care or services, is likely to suffer from
  286  neglect or refuse to care for himself or herself; that such
  287  neglect or refusal poses a real and present threat of
  288  substantial harm to his or her well-being; and that it is not
  289  apparent that such harm may be avoided through the help of
  290  willing family members or friends or the provision of other
  291  services, or there is substantial likelihood that the person has
  292  inflicted, or threatened to or attempted to inflict, or, unless
  293  admitted, is likely to inflict, physical or emotional harm on
  294  himself, herself, or another The reason the petitioner believes
  295  that the respondent’s refusal to voluntarily receive care is
  296  based on judgment so impaired by reason of substance abuse that
  297  the respondent is incapable of appreciating his or her need for
  298  care and of making a rational decision regarding that need for
  299  care. If the respondent has refused to submit to an assessment,
  300  such refusal must be alleged in the petition.
  301  
  302  A fee may not be charged for the filing of a petition pursuant
  303  to this section.
  304         Section 11. Section 397.6815, Florida Statutes, is amended
  305  to read:
  306         397.6815 Involuntary assessment and stabilization;
  307  procedure.—
  308         (1) Upon receipt and filing of the petition for the
  309  involuntary assessment and stabilization of a substance abuse
  310  impaired person by the clerk of the court, the court shall
  311  review the petition and ascertain whether the respondent is
  312  represented by an attorney, and if not, whether, on the basis of
  313  the petition, an attorney should be appointed,; and shall
  314  either:
  315         (a)(1) Provide a copy of the petition and notice of hearing
  316  to the respondent; the respondent’s parent, guardian, or legal
  317  custodian, in the case of a minor; the respondent’s attorney, if
  318  known; the petitioner; the respondent’s spouse or guardian, if
  319  applicable; and such other persons as the court may direct, and
  320  have such petition and notice personally delivered to the
  321  respondent if he or she is a minor. The court shall also issue a
  322  summons to the person whose admission is sought and conduct a
  323  hearing within 10 calendar days. The petitioner, individually or
  324  through counsel, may serve the respondent with notice of the
  325  petition, summons, and court dates by private process; or
  326         (b)(2) Without the appointment of an attorney and, relying
  327  solely on the contents of the petition, enter an ex parte order
  328  authorizing the involuntary assessment and stabilization of the
  329  respondent. The court shall schedule a hearing to be held on any
  330  petition for involuntary services filed concurrently with the
  331  involuntary assessment and stabilization petition within 10
  332  calendar days after the execution of the ex parte order. The
  333  court shall:
  334         1.Issue a writ of bodily attachment and may order a law
  335  enforcement agency officer or other designated agent of the
  336  court to take the respondent into custody and deliver him or her
  337  to the nearest appropriate licensed service provider or a
  338  licensed service provider designated and ordered by the court;
  339         2.Order that if the writ is executed in another county,
  340  the respondent shall be taken to the nearest receiving facility
  341  within such county; and
  342         3.Order the licensed service provider to provide the court
  343  an assessment with recommendations indicating any need for
  344  services within 48 hours after completion of the assessment.
  345         (2)The clerk of the court shall provide the writ of bodily
  346  attachment, order, petition, and notice of any scheduled court
  347  dates to a local law enforcement agency. The writ of bodily
  348  attachment, order, petition, and notice of any scheduled court
  349  dates shall be served upon the respondent by the law enforcement
  350  agency executing the ex parte order at the time such respondent
  351  is taken into custody. Such order shall be in full force and
  352  effect for at least 30 calendar days after the date of its
  353  execution. If a scheduled hearing to be held on a petition for
  354  services, which was filed concurrently pursuant to this section,
  355  will not occur due to the respondent not being taken into
  356  custody and delivered pursuant to the ex parte order, the court
  357  shall amend its order and reschedule the hearing within 10
  358  calendar days after the previously scheduled hearing date. The
  359  clerk of the court shall provide the amended ex parte order to
  360  the law enforcement agency designated by the court.
  361         Section 12. Section 397.6818, Florida Statutes, is amended
  362  to read:
  363         397.6818 Court determination.—At the hearing initiated in
  364  accordance with s. 397.6811(1), the court shall hear all
  365  relevant testimony. The respondent must be present unless the
  366  court has reason to believe that his or her presence is likely
  367  to be injurious to him or her, in which event the court shall
  368  appoint a guardian advocate to represent the respondent. The
  369  respondent has the right to examination by a court-appointed
  370  qualified professional. After hearing all the evidence, the
  371  court shall determine whether there is a reasonable basis to
  372  believe the respondent meets the involuntary admission criteria
  373  of s. 397.675.
  374         (1) Based on its determination, the court shall either
  375  dismiss the petition or immediately enter an order authorizing
  376  the involuntary assessment and stabilization of the respondent;
  377  or, if in the course of the hearing the court has reason to
  378  believe that the respondent, due to mental illness other than or
  379  in addition to substance abuse impairment, is likely to injure
  380  himself or herself or another if allowed to remain at liberty,
  381  the court may initiate involuntary proceedings under the
  382  provisions of part I of chapter 394.
  383         (2) If the court enters an order authorizing involuntary
  384  assessment and stabilization, the order shall include the
  385  court’s findings with respect to the availability and
  386  appropriateness of the least restrictive alternatives and the
  387  need for the appointment of an attorney to represent the
  388  respondent, and must may designate the specific licensed service
  389  provider to perform the involuntary assessment and stabilization
  390  of the respondent. The respondent may choose the licensed
  391  service provider to deliver the involuntary assessment when
  392  where possible and appropriate. The court shall make its
  393  findings based on records released pursuant to s. 397.501(7), if
  394  any, within 7 calendar days after the entry of its order
  395  authorizing involuntary assessment and stabilization.
  396         (3) Within 10 calendar days after the entry of its order
  397  authorizing involuntary assessment and stabilization, the court
  398  shall schedule a hearing to be held on a petition for
  399  involuntary services to determine if any further proceedings,
  400  including an order for such services, are warranted.
  401         (4) If the court finds it necessary, it may order any law
  402  enforcement agency or the sheriff to take the respondent into
  403  custody and deliver him or her to the licensed service provider
  404  specified in the court order or, if none is specified, to the
  405  nearest appropriate licensed service provider for involuntary
  406  assessment.
  407         (4)The order is valid only for the period specified in the
  408  order or, if a period is not specified, for 7 days after the
  409  order is signed.
  410         Section 13. Subsection (3) of section 397.6822, Florida
  411  Statutes, is amended to read:
  412         397.6822 Disposition of individual after involuntary
  413  assessment.—Based upon the involuntary assessment, a qualified
  414  professional of the hospital, detoxification facility, or
  415  addictions receiving facility, or a qualified professional when
  416  a less restrictive component has been used, must:
  417         (3) Retain the individual when a petition for involuntary
  418  services treatment has been initiated, the timely filing of
  419  which authorizes the service provider to retain physical custody
  420  of the individual pending further order of the court.
  421  
  422  Adhering to federal confidentiality regulations, notice of
  423  disposition must be provided to the petitioner and to the court.
  424         Section 14. Section 397.693, Florida Statutes, is amended
  425  to read:
  426         397.693 Involuntary services treatment.—A person may be the
  427  subject of a petition for court-ordered involuntary services
  428  treatment pursuant to this part, if that person meets the
  429  criteria for involuntary admission provided in s. 397.675 and:
  430         (1) Has been placed under protective custody pursuant to s.
  431  397.677 within the previous 10 calendar days;
  432         (2) Has been subject to an emergency admission pursuant to
  433  s. 397.679 within the previous 10 calendar days;
  434         (3) Has been assessed by a qualified professional within 10
  435  calendar 5 days;
  436         (4) Has been subject to involuntary assessment and
  437  stabilization pursuant to s. 397.6818 within the previous 12
  438  calendar days; or
  439         (5) Has been subject to alternative involuntary admission
  440  pursuant to s. 397.6822 within the previous 12 calendar days.
  441         Section 15. Section 397.695, Florida Statutes, is amended
  442  to read:
  443         397.695 Involuntary services; persons who may petition.—
  444         (1) If the respondent is an adult, a petition for
  445  involuntary services may be filed by the respondent’s spouse or
  446  legal guardian, any relative, a licensed service provider, or an
  447  adult who has direct personal knowledge of the respondent’s
  448  substance abuse impairment and his or her prior course of
  449  assessment and services treatment.
  450         (2) If the respondent is a minor, a petition for
  451  involuntary services treatment may be filed by a parent, legal
  452  guardian, or licensed service provider.
  453         (3)A licensed service provider may not initiate any
  454  proceedings under this chapter unless the licensed service
  455  provider files a joint petition with an independent petitioner
  456  who has no financial interest in the licensed service provider
  457  or unless no other petitioner exists.
  458         Section 16. Section 397.6951, Florida Statutes, is amended
  459  to read:
  460         397.6951 Contents of petition for involuntary services.—A
  461  petition for involuntary services must contain the name of the
  462  respondent; the name of the petitioner or petitioners; the
  463  relationship between the respondent and the petitioner; the name
  464  of the respondent’s attorney, if known; the findings and
  465  recommendations of the assessment performed by the qualified
  466  professional, if known; and the factual allegations presented by
  467  the petitioner establishing the need for involuntary outpatient
  468  services. The factual allegations must demonstrate that the
  469  respondent:
  470         (1) Has lost the power of self-control with respect to
  471  substance abuse The reason for the petitioner’s belief that the
  472  respondent is substance abuse impaired;
  473         (2)The reason for the petitioner’s belief that because of
  474  such impairment the respondent has lost the power of self
  475  control with respect to substance abuse; and
  476         (2)(3)(a) Is in need of substance abuse services and, by
  477  reason of substance abuse impairment, his or her judgment has
  478  been so impaired that he or she is incapable of appreciating his
  479  or her need for such services and of making a rational decision
  480  in that regard, although mere refusal to receive such services
  481  does not constitute evidence of lack of judgment with respect to
  482  his or her need for such services The reason the petitioner
  483  believes that the respondent has inflicted or is likely to
  484  inflict physical harm on himself or herself or others unless the
  485  court orders the involuntary services; or
  486         (b) Without care or services, is likely to suffer from
  487  neglect or refuse to care for himself or herself; that such
  488  neglect or refusal poses a real and present threat of
  489  substantial harm to his or her well-being; and that it is not
  490  apparent that such harm may be avoided through the help of
  491  willing family members or friends or the provision of other
  492  services, or there is substantial likelihood that the person has
  493  inflicted, or threatened to or attempted to inflict, or, unless
  494  admitted, is likely to inflict, physical or emotional harm on
  495  himself, herself, or another The reason the petitioner believes
  496  that the respondent’s refusal to voluntarily receive care is
  497  based on judgment so impaired by reason of substance abuse that
  498  the respondent is incapable of appreciating his or her need for
  499  care and of making a rational decision regarding that need for
  500  care.
  501         Section 17. Section 397.6955, Florida Statutes, is amended
  502  to read:
  503         397.6955 Duties of court upon filing of petition for
  504  involuntary services.—
  505         (1) Upon the filing of a petition for involuntary services,
  506  which is not included as part of an initial assessment and
  507  stabilization petition, for a substance abuse impaired person
  508  with the clerk of the court, the court shall immediately
  509  determine whether the respondent is represented by an attorney
  510  or whether the appointment of counsel for the respondent is
  511  appropriate. If the court appoints counsel for the person, the
  512  clerk of the court shall immediately notify the office of
  513  criminal conflict and civil regional counsel, created pursuant
  514  to s. 27.511, of the appointment. The office of criminal
  515  conflict and civil regional counsel shall represent the person
  516  until the petition is dismissed, the court order expires, or the
  517  person is discharged from involuntary services. An attorney that
  518  represents the person named in the petition shall have access to
  519  the person, witnesses, and records relevant to the presentation
  520  of the person’s case and shall represent the interests of the
  521  person, regardless of the source of payment to the attorney.
  522         (2) The court shall schedule a hearing to be held on the
  523  petition within 5 calendar days unless a continuance is granted.
  524  The court may appoint a magistrate to preside at the hearing.
  525         (3) A copy of the petition and notice of the hearing must
  526  be provided to the respondent; the respondent’s parent,
  527  guardian, or legal custodian, in the case of a minor; the
  528  respondent’s attorney, if known; the petitioner; the
  529  respondent’s spouse or guardian, if applicable; and such other
  530  persons as the court may direct. If the respondent is a minor, a
  531  copy of the petition and notice of the hearing must be
  532  personally delivered to the respondent. The court shall also
  533  issue a summons to the person whose admission is sought. The
  534  petitioner, individually or through counsel, may serve the
  535  respondent with notice of the petition, summons, and court dates
  536  by private process.
  537         Section 18. Section 397.6957, Florida Statutes, is amended
  538  to read:
  539         397.6957 Hearing on petition for involuntary services.—
  540         (1) At a hearing on a petition for involuntary services,
  541  the court shall hear and review all relevant evidence, including
  542  the review of results of the assessment completed by the
  543  qualified professional in connection with the respondent’s
  544  protective custody, emergency admission, involuntary assessment,
  545  or alternative involuntary admission. The respondent must be
  546  present unless the court finds that his or her presence is
  547  likely to be injurious to himself or herself or others, in which
  548  event the court must appoint a guardian advocate to act in
  549  behalf of the respondent throughout the proceedings. If the
  550  respondent fails to appear for the hearing after proper notice,
  551  or is unwilling to submit to the court-ordered services, the
  552  court may proceed with the hearing and enter an order for
  553  services.
  554         (2) The petitioner has the burden of proving by clear and
  555  convincing evidence that the respondent:
  556         (a) Has lost the power of self-control with respect to The
  557  respondent is substance abuse impaired and has a history of lack
  558  of compliance with treatment for substance abuse; and
  559         (b)1.Is in need of substance abuse services and, by reason
  560  of substance abuse impairment, his or her judgment has been so
  561  impaired that he or she is incapable of appreciating his or her
  562  need for such services and of making a rational decision in that
  563  regard, although mere refusal to receive such services does not
  564  constitute evidence of lack of judgment with respect to his or
  565  her need for such services; or Because of such impairment the
  566  respondent is unlikely to voluntarily participate in the
  567  recommended services or is unable to determine for himself or
  568  herself whether services are necessary and:
  569         2.1. Without care or services, the respondent is likely to
  570  suffer from neglect or refuse to care for himself or herself;
  571  that such neglect or refusal poses a real and present threat of
  572  substantial harm to his or her well-being; and that it is not
  573  apparent that such harm may be avoided through the help of
  574  willing family members or friends or the provision of other
  575  services, or that there is a substantial likelihood that without
  576  services the person has inflicted, or threatened to or attempted
  577  to inflict, or, unless admitted, is likely to inflict, physical
  578  or emotional respondent will cause serious bodily harm on to
  579  himself, herself, or another in the near future, as evidenced by
  580  recent behavior; or
  581         2.The respondent’s refusal to voluntarily receive care is
  582  based on judgment so impaired by reason of substance abuse that
  583  the respondent is incapable of appreciating his or her need for
  584  care and of making a rational decision regarding that need for
  585  care.
  586         (3) A One of the qualified professional professionals who
  587  executed an the involuntary services certificate pursuant to s.
  588  397.679 must be a witness. The court shall allow testimony from
  589  individuals, including family members, deemed by the court to be
  590  relevant under state law, regarding the respondent’s prior
  591  history and how that prior history relates to the person’s
  592  current condition. The testimony in the hearing must be under
  593  oath, and the proceedings must be recorded. The patient may
  594  refuse to testify at the hearing.
  595         (4) At the conclusion of the hearing the court shall
  596  dismiss the petition or order the respondent to receive
  597  involuntary services from his or her chosen licensed service
  598  provider if possible and appropriate or a licensed service
  599  provider designated by the court. The court may, on its own
  600  motion or on the motion of any party, schedule a status
  601  conference for the purpose of monitoring the respondent’s
  602  continued compliance with the court’s order for services. Based
  603  upon its findings made after reviewing the records released
  604  pursuant to s. 397.501(7), the court may order the designated
  605  licensed service provider to provide the court and petitioner or
  606  the petitioner’s counsel with a status report of the
  607  respondent’s current treatment and compliance with the court
  608  order.
  609         Section 19. Subsection (1) of section 397.697, Florida
  610  Statutes, is amended to read:
  611         397.697 Court determination; effect of court order for
  612  involuntary services.—
  613         (1) When the court finds that the conditions for
  614  involuntary services have been proved by clear and convincing
  615  evidence, it may order the respondent to receive involuntary
  616  services from a publicly funded licensed service provider for a
  617  period not to exceed 90 days. The court may also order a
  618  respondent to undergo services treatment through a privately
  619  funded licensed service provider if the respondent has the
  620  ability to pay for the services treatment, or if any person on
  621  the respondent’s behalf voluntarily demonstrates a willingness
  622  and an ability to pay for the services treatment. If the court
  623  finds it necessary, it may direct any law enforcement agency or
  624  the sheriff to take the respondent into custody and deliver him
  625  or her to the licensed service provider specified in the court
  626  order, or to the nearest appropriate licensed service provider,
  627  for involuntary services. When the conditions justifying
  628  involuntary services no longer exist, the individual must be
  629  released as provided in s. 397.6971. When the conditions
  630  justifying involuntary services are expected to exist after 90
  631  days of services, a renewal of the involuntary services order
  632  may be requested pursuant to s. 397.6975 before the end of the
  633  90-day period.
  634         Section 20. Subsections (1) and (7) of section 397.6975,
  635  Florida Statutes, are amended to read:
  636         397.6975 Extension of involuntary services period.—
  637         (1) Whenever any petitioner or a licensed service provider
  638  believes that an individual who is nearing the scheduled date of
  639  his or her release from involuntary services continues to meet
  640  the criteria for involuntary services in s. 397.693, a petition
  641  for renewal of the involuntary services order may be filed with
  642  the court at least 10 days before the expiration of the court
  643  ordered services period. The court shall immediately schedule a
  644  hearing to be held not more than 15 days after filing of the
  645  petition. The court shall provide the copy of the petition for
  646  renewal and the notice of the hearing to all parties to the
  647  proceeding. The hearing is conducted pursuant to s. 397.6957.
  648         (7) If the respondent has previously been found incompetent
  649  to consent to services treatment, the court shall consider
  650  testimony and evidence regarding the respondent’s competence.
  651         Section 21. This act shall take effect July 1, 2019.