Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1844
       
       
       
       
       
       
                                Ì678898~Î678898                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/01/2022           .                                
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       The Committee on Children, Families, and Elder Affairs (Bean)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (2) of section
    6  394.463, Florida Statutes, is amended to read:
    7         394.463 Involuntary examination.—
    8         (2) INVOLUNTARY EXAMINATION.—
    9         (a) An involuntary examination may be initiated by any one
   10  of the following means:
   11         1. A circuit or county court may enter an ex parte order
   12  stating that a person appears to meet the criteria for
   13  involuntary examination and specifying the findings on which
   14  that conclusion is based. The ex parte order for involuntary
   15  examination must be based on written or oral sworn testimony
   16  that includes specific facts that support the findings. If other
   17  less restrictive means are not available, such as voluntary
   18  appearance for outpatient evaluation, a law enforcement officer,
   19  or other designated agent of the court, shall take the person
   20  into custody and deliver him or her to an appropriate, or the
   21  nearest, facility within the designated receiving system
   22  pursuant to s. 394.462 for involuntary examination. The order of
   23  the court shall be made a part of the patient’s clinical record.
   24  A fee may not be charged for the filing of an order under this
   25  subsection. A facility accepting the patient based on this order
   26  must send a copy of the order to the department within 5 working
   27  days. The order may be submitted electronically through existing
   28  data systems, if available. The order shall be valid only until
   29  the person is delivered to the facility or for the period
   30  specified in the order itself, whichever comes first. If a time
   31  limit is not specified in the order, the order is valid for 7
   32  days after the date that the order was signed.
   33         2. A law enforcement officer may shall take a person who
   34  appears to meet the criteria for involuntary examination into
   35  custody and deliver the person or have him or her delivered to
   36  an appropriate, or the nearest, facility within the designated
   37  receiving system pursuant to s. 394.462 for examination. A law
   38  enforcement officer transporting a person pursuant to this
   39  subparagraph shall consider the person’s mental and behavioral
   40  state and restrain him or her in the least restrictive manner
   41  necessary under the circumstances, especially if the person is a
   42  minor. The officer shall execute a written report detailing the
   43  circumstances under which the person was taken into custody,
   44  which must be made a part of the patient’s clinical record. Any
   45  facility accepting the patient based on this report must send a
   46  copy of the report to the department within 5 working days.
   47         3. A physician, a physician assistant, a clinical
   48  psychologist, a psychiatric nurse, an advanced practice
   49  registered nurse registered under s. 464.0123, a mental health
   50  counselor, a marriage and family therapist, or a clinical social
   51  worker may execute a certificate stating that he or she has
   52  examined a person within the preceding 48 hours and finds that
   53  the person appears to meet the criteria for involuntary
   54  examination and stating the observations upon which that
   55  conclusion is based. If other less restrictive means, such as
   56  voluntary appearance for outpatient evaluation, are not
   57  available, a law enforcement officer shall take into custody the
   58  person named in the certificate and deliver him or her to the
   59  appropriate, or nearest, facility within the designated
   60  receiving system pursuant to s. 394.462 for involuntary
   61  examination. The law enforcement officer shall execute a written
   62  report detailing the circumstances under which the person was
   63  taken into custody. The report and certificate shall be made a
   64  part of the patient’s clinical record. Any facility accepting
   65  the patient based on this certificate must send a copy of the
   66  certificate to the department within 5 working days. The
   67  document may be submitted electronically through existing data
   68  systems, if applicable.
   69  
   70  When sending the order, report, or certificate to the
   71  department, a facility shall, at a minimum, provide information
   72  about which action was taken regarding the patient under
   73  paragraph (g), which information shall also be made a part of
   74  the patient’s clinical record.
   75         Section 2. Paragraph (a) of subsection (6) of section
   76  394.467, Florida Statutes, is amended to read:
   77         394.467 Involuntary inpatient placement.—
   78         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
   79         (a)1. The court shall hold the hearing on involuntary
   80  inpatient placement within 5 court working days, unless a
   81  continuance is granted.
   82         2. Except for good cause documented in the court file, the
   83  hearing must be held in the county or the facility, as
   84  appropriate, where the patient is located, must be as convenient
   85  to the patient as is consistent with orderly procedure, and
   86  shall be conducted in physical settings not likely to be
   87  injurious to the patient’s condition. The respondent must be
   88  present at the hearing, in person or remotely through audio
   89  video teleconference. If the court finds that the patient’s
   90  attendance at the hearing is not consistent with the best
   91  interests of, or is likely to be injurious to, the patient, or
   92  the patient knowingly, intelligently, and voluntarily waives his
   93  or her right to be present, and the patient’s counsel does not
   94  object, the court may waive the presence of the patient from all
   95  or any portion of the hearing. Absent a showing of good cause,
   96  such as specific symptoms of the patient’s condition, the court
   97  may permit the patient and all witnesses, including, but not
   98  limited to, any medical professionals or personnel who are or
   99  have been involved with the patient’s treatment, to remotely
  100  attend and testify at the hearing under oath through audio-video
  101  teleconference. Any witness intending to remotely attend and
  102  testify at the hearing must provide the parties with all
  103  relevant documents by the close of business on the day before
  104  the hearing. The state attorney for the circuit in which the
  105  patient is located shall represent the state, rather than the
  106  petitioning facility administrator, as the real party in
  107  interest in the proceeding.
  108         3. The court may appoint a magistrate to preside at the
  109  hearing. One of the professionals who executed the petition for
  110  involuntary inpatient placement certificate shall be a witness.
  111  The patient and the patient’s guardian or representative shall
  112  be informed by the court of the right to an independent expert
  113  examination. If the patient cannot afford such an examination,
  114  the court shall ensure that one is provided, as otherwise
  115  provided for by law. The independent expert’s report is
  116  confidential and not discoverable, unless the expert is to be
  117  called as a witness for the patient at the hearing. The
  118  testimony in the hearing must be given under oath, and the
  119  proceedings must be recorded. The patient may refuse to testify
  120  at the hearing.
  121         Section 3. Section 397.341, Florida Statutes, is created to
  122  read:
  123         397.341 Transportation of individuals by law enforcement
  124  officers.—A law enforcement officer transporting an individual
  125  pursuant to this chapter shall consider the person’s mental and
  126  behavioral state and restrain him or her in the least
  127  restrictive manner necessary under the circumstances, especially
  128  if the individual is a minor.
  129         Section 4. Section 397.6818, Florida Statutes, is amended
  130  to read:
  131         397.6818 Court determination.—The respondent must be
  132  present, in person or remotely through audio-video
  133  teleconference, at the hearing initiated in accordance with s.
  134  397.6811(1), unless he or she knowingly, intelligently, and
  135  voluntarily waives his or her right to be present or upon
  136  receiving proof of service and evaluating the circumstances of
  137  the case, the court finds that his or her presence is
  138  inconsistent with his or her best interest or is likely to be
  139  injurious to himself or herself or others, in which event the
  140  court must appoint a guardian advocate to act on behalf of the
  141  respondent throughout the proceedings. The court shall hear all
  142  relevant testimony, including testimony from individuals such as
  143  family members familiar with the respondent's prior history and
  144  how it relates to his or her current condition. The respondent
  145  must be present unless the court has reason to believe that his
  146  or her presence is likely to be injurious to him or her, in
  147  which event the court shall appoint a guardian advocate to
  148  represent the respondent. Absent a showing of good cause, such
  149  as specific symptoms of the respondent’s condition, the court
  150  may permit the patient and all witnesses, such as any medical
  151  professionals or personnel who are or have been involved with
  152  the respondent’s treatment, to remotely attend and testify at
  153  the hearing under oath through audio-video teleconference. Any
  154  witness intending to remotely attend and testify at the hearing
  155  must provide the parties with all relevant documents by the
  156  close of business on the day before the hearing. The respondent
  157  has the right to examination by a court-appointed qualified
  158  professional. After hearing all the evidence, the court shall
  159  determine whether there is a reasonable basis to believe the
  160  respondent meets the involuntary admission criteria of s.
  161  397.675.
  162         Section 5. Subsection (1) of section 397.6957, Florida
  163  Statutes, is amended to read:
  164         397.6957 Hearing on petition for involuntary services.—
  165         (1) The respondent must be present, in person or remotely
  166  through audio-video teleconference, at a hearing on a petition
  167  for involuntary services unless he or she knowingly,
  168  intelligently, and voluntarily waives his or her right to be
  169  present or upon receiving proof of service and evaluating the
  170  circumstances of the case, the court finds that his or her
  171  presence is inconsistent with his or her best interest or is
  172  likely to be injurious to himself or herself or others, in which
  173  event the court must appoint a guardian advocate to act on
  174  behalf of the respondent throughout the proceedings., The court
  175  shall hear and review all relevant evidence, including testimony
  176  from individuals such as family members familiar with the
  177  respondent's prior history and how it relates to his or her
  178  current condition, and the review of results of the assessment
  179  completed by the qualified professional in connection with the
  180  respondent’s protective custody, emergency admission,
  181  involuntary assessment, or alternative involuntary admission.
  182  Absent a showing of good cause, such as specific symptoms of the
  183  respondent’s condition, the court may permit the patient and all
  184  witnesses, such as any medical professionals or personnel who
  185  are or have been involved with the respondent’s treatment, to
  186  remotely attend and testify at the hearing under oath through
  187  audio-video teleconference. Any witness intending to remotely
  188  attend and testify at the hearing must provide the parties with
  189  all relevant documents by the close of business on the day
  190  before the hearing. The respondent must be present unless the
  191  court finds that his or her presence is likely to be injurious
  192  to himself or herself or others, in which event the court must
  193  appoint a guardian advocate to act in behalf of the respondent
  194  throughout the proceedings.
  195         Section 6. This act shall take effect July 1, 2022.
  196  ================= T I T L E  A M E N D M E N T ================
  197  And the title is amended as follows:
  198         Delete everything before the enacting clause
  199  and insert:
  200                        A bill to be entitled                      
  201         An act relating to mental health and substance abuse;
  202         amending s. 394.463; requiring law enforcement
  203         officers transporting individuals for involuntary
  204         treatment to take certain actions; amending s.
  205         394.467; revising the conditions under which a court
  206         may waive the requirement for a patient to be present
  207         at an involuntary inpatient placement hearing;
  208         authorizing the court to permit the patient and all
  209         witnesses to attend and testify remotely at the
  210         hearing through certain means; creating s. 397.341;
  211         requiring law enforcement officers transporting
  212         individuals for treatment to take certain actions;
  213         amending s. 397.6818; revising the conditions under
  214         which a court may waive the requirement for a patient
  215         to be present at an involuntary assessment and
  216         stabilization hearing; authorizing the court to permit
  217         the patient and all witnesses to remotely attend and
  218         testify at the hearing through certain means; amending
  219         s. 397.6957; revising the conditions under which a
  220         court may waive the requirement for a patient to be
  221         present at an involuntary services hearing;
  222         authorizing the court to permit the patient and all
  223         witnesses to remotely attend and testify at the
  224         hearing through certain means; providing an effective
  225         date.