Florida Senate - 2015                      CS for CS for SB 7070
       
       
        
       By the Committees on Appropriations; Judiciary; and
       Appropriations
       
       
       
       
       576-04256-15                                          20157070c2
    1  
    2                        A bill to be entitled                      
    3         An act relating to mental health and substance abuse;
    4         amending ss. 29.004, 39.001, 39.507, and 39.521, F.S.;
    5         conforming provisions to changes made by the act;
    6         amending s. 381.0056, F.S.; revising the definition of
    7         the term “emergency health needs”; requiring school
    8         health services plans to include notification
    9         requirements when a student is removed from school,
   10         school transportation, or a school-sponsored activity
   11         for involuntary examination; amending s. 394.453,
   12         F.S.; providing legislative intent regarding the
   13         development of programs related to substance abuse
   14         impairment by the Department of Children and Families;
   15         expanding legislative intent related to a guarantee of
   16         dignity and human rights to all individuals who are
   17         admitted to substance abuse treatment facilities;
   18         amending s. 394.455, F.S.; defining and redefining
   19         terms; deleting terms; amending s. 394.457, F.S.;
   20         adding substance abuse services as a program focus for
   21         which the Department of Children and Families is
   22         responsible; deleting a requirement that the
   23         department establish minimum standards for personnel
   24         employed in mental health programs and provide
   25         orientation and training materials; amending s.
   26         394.4573, F.S.; deleting a term; adding substance
   27         abuse care as an element of the continuity of care
   28         management system that the department must establish;
   29         deleting duties and measures of performance of the
   30         department regarding the continuity of care management
   31         system; amending s. 394.459, F.S.; extending a right
   32         to dignity to all individuals held for examination or
   33         admitted for mental health or substance abuse
   34         treatment; providing procedural requirements that must
   35         be followed to detain without consent an individual
   36         who has a substance abuse impairment but who has not
   37         been charged with a criminal offense; providing that
   38         individuals held for examination or admitted for
   39         treatment at a facility have a right to certain
   40         evaluation and treatment procedures; removing
   41         provisions regarding express and informed consent for
   42         medical procedures requiring the use of a general
   43         anesthetic or electroconvulsive treatment; requiring
   44         facilities to have written procedures for reporting
   45         events that place individuals receiving services at
   46         risk of harm; requiring service providers to provide
   47         information concerning advance directives to
   48         individuals receiving services; amending s. 394.4597,
   49         F.S.; specifying certain persons who are prohibited
   50         from being selected as an individual’s representative;
   51         providing certain rights to representatives; amending
   52         s. 394.4598, F.S.; specifying certain persons who are
   53         prohibited from being appointed as an individual’s
   54         guardian advocate; providing guidelines for decisions
   55         of guardian advocates; amending s. 394.4599, F.S.;
   56         including health care surrogates and proxies as
   57         individuals who may act on behalf of an individual
   58         involuntarily admitted to a facility; requiring a
   59         receiving facility to give notice immediately of the
   60         whereabouts of a minor who is being held involuntarily
   61         to the minor’s parent, guardian, caregiver, or
   62         guardian advocate; providing circumstances when
   63         notification may be delayed; requiring the receiving
   64         facility to make continuous attempts to notify;
   65         authorizing the receiving facility to seek assistant
   66         from law enforcement under certain circumstances;
   67         requiring the receiving facility to document
   68         notification attempts in the minor’s clinical record;
   69         amending s. 394.4615, F.S.; adding a condition under
   70         which the clinical record of an individual must be
   71         released to the state attorney; providing for the
   72         release of information from the clinical record to law
   73         enforcement agencies under certain circumstances;
   74         amending s. 394.462, F.S.; providing that a person in
   75         custody for a felony other than a forcible felony must
   76         be transported to the nearest receiving facility for
   77         examination; providing that a law enforcement officer
   78         may transport an individual meeting the criteria for
   79         voluntary admission to a mental health receiving
   80         facility, addictions receiving facility, or
   81         detoxification facility at the individual’s request;
   82         amending s. 394.4625, F.S.; providing criteria for the
   83         examination and treatment of an individual who is
   84         voluntarily admitted to a facility; providing criteria
   85         for the release or discharge of the individual;
   86         providing that a voluntarily admitted individual who
   87         is released or discharged and who is currently charged
   88         with a crime shall be returned to the custody of a law
   89         enforcement officer; providing procedures for
   90         transferring an individual to voluntary status and
   91         involuntary status; amending s. 394.463, F.S.;
   92         providing for the involuntary examination of a person
   93         for a substance abuse impairment; providing for the
   94         transportation of an individual for an involuntary
   95         examination; providing that a certificate for an
   96         involuntary examination must contain certain
   97         information; providing criteria and procedures for the
   98         release of an individual held for involuntary
   99         examination from receiving or treatment facilities;
  100         amending s. 394.4655, F.S.; adding substance abuse
  101         impairment as a condition to which criteria for
  102         involuntary outpatient placement apply; providing
  103         guidelines for an attorney representing an individual
  104         subject to proceedings for involuntary outpatient
  105         placement; providing guidelines for the state attorney
  106         in prosecuting a petition for involuntary placement;
  107         requiring the court to consider certain information
  108         when determining whether to appoint a guardian
  109         advocate for the individual; requiring the court to
  110         inform the individual and his or her representatives
  111         of the individual’s right to an independent expert
  112         examination with regard to proceedings for involuntary
  113         outpatient placement; amending s. 394.467, F.S.;
  114         adding substance abuse impairment as a condition to
  115         which criteria for involuntary inpatient placement
  116         apply; adding addictions receiving facilities and
  117         detoxification facilities as identified receiving
  118         facilities; providing for first and second medical
  119         opinions in proceedings for placement for treatment of
  120         substance abuse impairment; providing guidelines for
  121         attorney representation of an individual subject to
  122         proceedings for involuntary inpatient placement;
  123         providing guidelines for the state attorney in
  124         prosecuting a petition for involuntary placement;
  125         setting standards for the court to accept a waiver of
  126         the individual’s rights; requiring the court to
  127         consider certain testimony regarding the individual’s
  128         prior history in proceedings; requiring the Division
  129         of Administrative Hearings to inform the individual
  130         and his or her representatives of the right to an
  131         independent expert examination; amending s. 394.4672,
  132         F.S.; providing authority of facilities of the United
  133         States Department of Veterans Affairs to conduct
  134         certain examinations and provide certain treatments;
  135         amending s. 394.47891, F.S.; expanding eligibility
  136         criteria for military veterans’ and servicemembers’
  137         court programs; creating s. 394.47892, F.S.;
  138         authorizing counties to fund treatment-based mental
  139         health court programs; providing legislative intent;
  140         providing that pretrial program participation is
  141         voluntary; specifying criteria that a court must
  142         consider before sentencing a person to a
  143         postadjudicatory treatment-based mental health court
  144         program; requiring a judge presiding over a
  145         postadjudicatory treatment-based mental health court
  146         program to hear a violation of probation or community
  147         control under certain circumstances; providing that
  148         treatment-based mental health court programs may
  149         include specified programs; requiring a judicial
  150         circuit with a treatment-based mental health court
  151         program to establish a coordinator position, subject
  152         to annual appropriation by the Legislature; providing
  153         county funding requirements for treatment-based mental
  154         health court programs; authorizing the chief judge of
  155         a judicial circuit to appoint an advisory committee
  156         for the treatment-based mental health court program;
  157         specifying membership of the committee; amending s.
  158         394.656, F.S.; revising the composition and duties of
  159         the Criminal Justice, Mental Health, and Substance
  160         Abuse Statewide Grant Review Committee within the
  161         Department of Children and Families; requiring the
  162         department to create a grant review and selection
  163         committee; prescribing duties of the committee;
  164         authorizing a designated not-for-profit community
  165         provider to apply for certain grants; amending s.
  166         394.875, F.S.; removing a limitation on the number of
  167         beds in crisis stabilization units; amending s.
  168         394.9082, F.S.; defining the term “public receiving
  169         facility”; requiring the department to establish
  170         specified standards and protocols with respect to the
  171         administration of the crisis stabilization services
  172         utilization database; directing managing entities to
  173         require public receiving facilities to submit
  174         utilization data on a periodic basis; providing
  175         requirements for the data; requiring managing entities
  176         to periodically submit aggregate data to the
  177         department; requiring the department to adopt rules;
  178         requiring the department to annually submit a report
  179         to the Governor and the Legislature; prescribing
  180         report requirements; providing an appropriation to
  181         implement the database; providing a directive to the
  182         Division of Law Revision and Information; creating s.
  183         765.4015, F.S.; providing a short title; creating s.
  184         765.402, F.S.; providing legislative findings;
  185         creating s. 765.403, F.S.; defining terms; creating s.
  186         765.405, F.S.; authorizing an adult with capacity to
  187         execute a mental health or substance abuse treatment
  188         advance directive; providing a presumption of validity
  189         if certain requirements are met; specifying provisions
  190         that an advance directive may include; creating s.
  191         765.406, F.S.; providing for execution of the mental
  192         health or substance abuse treatment advance directive;
  193         establishing requirements for a valid mental health or
  194         substance abuse treatment advance directive; providing
  195         that a mental health or substance abuse treatment
  196         advance directive is valid upon execution even if a
  197         part of the advance directive takes effect at a later
  198         date; allowing a mental health or substance abuse
  199         treatment advance directive to be revoked, in whole or
  200         in part, or to expire under its own terms; specifying
  201         that a mental health or substance abuse treatment
  202         advance directive does not or may not serve specified
  203         purposes; creating s. 765.407, F.S.; providing
  204         circumstances under which a mental health or substance
  205         abuse treatment advance directive may be revoked;
  206         providing circumstances under which a principal may
  207         waive specific directive provisions without revoking
  208         the advance directive; creating s. 765.410, F.S.;
  209         prohibiting criminal prosecution of a health care
  210         facility, provider, or surrogate who acts pursuant to
  211         a mental health or substance abuse treatment decision;
  212         creating s. 765.411, F.S.; providing for recognition
  213         of a mental health and substance abuse treatment
  214         advance directive executed in another state if it
  215         complies with the laws of this state; creating s.
  216         916.185, F.S.; providing legislative findings and
  217         intent; defining terms; creating the Forensic Hospital
  218         Diversion Pilot Program; requiring the Department of
  219         Children and Families to implement a Forensic Hospital
  220         Diversion Pilot Program in five specified judicial
  221         circuits; providing eligibility criteria for
  222         participation in the pilot program; providing
  223         legislative intent concerning the training of judges;
  224         authorizing the department to adopt rules; directing
  225         the Office of Program Policy Analysis and Government
  226         Accountability to submit a report to the Governor and
  227         the Legislature; creating s. 944.805, F.S.; defining
  228         the terms “department” and “nonviolent offender”;
  229         requiring the Department of Corrections to develop and
  230         administer a reentry program for nonviolent offenders
  231         which is intended to divert nonviolent offenders from
  232         long periods of incarceration; requiring that the
  233         program include intensive substance abuse treatment
  234         and rehabilitation programs; providing for the minimum
  235         length of service in the program; providing that any
  236         portion of a sentence before placement in the program
  237         does not count as progress toward program completion;
  238         identifying permissible locations for the operation of
  239         a reentry program; specifying eligibility criteria for
  240         a nonviolent offender’s participation in the reentry
  241         program; requiring the department to screen and select
  242         eligible offenders for the program based on specified
  243         considerations; requiring the department to notify a
  244         nonviolent offender’s sentencing court to obtain
  245         approval before the nonviolent offender is placed in
  246         the reentry program; requiring the department to
  247         notify the state attorney that an offender is being
  248         considered for placement in the program; authorizing
  249         the state attorney to file objections to placing the
  250         offender in the reentry program within a specified
  251         period; authorizing the sentencing court to consider
  252         certain factors when deciding whether to approve an
  253         offender for placement in a reentry program; requiring
  254         the sentencing court to notify the department of the
  255         court’s decision to approve or disapprove the
  256         requested placement within a specified period;
  257         requiring a nonviolent offender to undergo an
  258         educational assessment and a complete substance abuse
  259         assessment if admitted into the reentry program;
  260         requiring an offender to be enrolled in an adult
  261         education program in specified circumstances;
  262         requiring that assessments of vocational skills and
  263         future career education be provided to an offender;
  264         requiring that certain reevaluation be made
  265         periodically; providing that a participating
  266         nonviolent offender is subject to the disciplinary
  267         rules of the department; specifying the reasons for
  268         which an offender may be terminated from the reentry
  269         program; requiring that the department submit a report
  270         to the sentencing court at least 30 days before a
  271         nonviolent offender is scheduled to complete the
  272         reentry program; specifying the issues to be addressed
  273         in the report; authorizing a court to schedule a
  274         hearing to consider any modification to an imposed
  275         sentence; requiring the sentencing court to issue an
  276         order modifying the sentence imposed and placing a
  277         nonviolent offender on drug offender probation if the
  278         nonviolent offender’s performance is satisfactory;
  279         authorizing the court to revoke probation and impose
  280         the original sentence in specified circumstances;
  281         authorizing the court to require an offender to
  282         complete a postadjudicatory drug court program in
  283         specified circumstances; directing the department to
  284         implement the reentry program using available
  285         resources; authorizing the department to enter into
  286         contracts with qualified individuals, agencies, or
  287         corporations for services for the reentry program;
  288         requiring offenders to abide by department conduct
  289         rules; authorizing the department to impose
  290         administrative or protective confinement as necessary;
  291         providing that the section does not create a right to
  292         placement in the reentry program or any right to
  293         placement or early release under supervision of any
  294         type; providing that the section does not create a
  295         cause of action related to the program; authorizing
  296         the department to establish a system of incentives
  297         within the reentry program which the department may
  298         use to promote participation in rehabilitative
  299         programs and the orderly operation of institutions and
  300         facilities; requiring the department to develop a
  301         system for tracking recidivism, including, but not
  302         limited to, rearrests and recommitment of nonviolent
  303         offenders who successfully complete the reentry
  304         program, and to report on recidivism in an annual
  305         report; requiring the department to submit an annual
  306         report to the Governor and Legislature detailing the
  307         extent of implementation of the reentry program,
  308         specifying requirements for the report; requiring the
  309         department to adopt rules; providing that specified
  310         provisions are not severable; amending s. 948.08,
  311         F.S.; expanding the definition of the term “veteran”
  312         for purposes of eligibility requirements for a
  313         pretrial intervention program; amending s. 948.16,
  314         F.S.; expanding the definition of the term “veteran”
  315         for purposes of eligibility requirements for a
  316         misdemeanor pretrial veterans’ treatment intervention
  317         program; amending s. 948.21, F.S.; authorizing a court
  318         to impose certain conditions on certain probationers
  319         or community controllees; amending ss. 1002.20 and
  320         1002.33, F.S.; requiring public school and charter
  321         school principals or their designees to provide notice
  322         of the whereabouts of a student removed from school,
  323         school transportation, or a school-sponsored activity
  324         for involuntary examination; providing circumstances
  325         under which notification may be delayed; requiring
  326         district school boards and charter school governing
  327         boards to develop notification policies and
  328         procedures; amending ss. 39.407, 394.4612, 394.495,
  329         394.496, 394.499, 394.67, 394.674, 394.9085, 397.311,
  330         397.702, 397.94, 402.3057, 409.1757, 409.972, 744.704,
  331         and 790.065, F.S.; conforming cross-references;
  332         repealing ss. 397.601, 397.675, 397.6751, 397.6752,
  333         397.6758, 397.6759, 397.677, 397.6771, 397.6772,
  334         397.6773, 397.6774, 397.6775, 397.679, 397.6791,
  335         397.6793, 397.6795, 397.6797, 397.6798, 397.6799,
  336         397.681, 397.6811, 397.6814, 397.6815, 397.6818,
  337         397.6819, 397.6821, 397.6822, 397.693, 397.695,
  338         397.6951, 397.6955, 397.6957, 397.697, 397.6971,
  339         397.6975, and 397.6977, F.S.; reenacting ss.
  340         394.4685(1), and 394.469(2), F.S., to incorporate the
  341         amendment made to s. 394.4599, F.S., in references
  342         thereto; providing effective dates.
  343          
  344  Be It Enacted by the Legislature of the State of Florida:
  345  
  346         Section 1. Paragraph (e) is added to subsection (10) of
  347  section 29.004, Florida Statutes, to read:
  348         29.004 State courts system.—For purposes of implementing s.
  349  14, Art. V of the State Constitution, the elements of the state
  350  courts system to be provided from state revenues appropriated by
  351  general law are as follows:
  352         (10) Case management. Case management includes:
  353         (e) Service referral, coordination, monitoring, and
  354  tracking for treatment-based mental health court programs under
  355  s. 394.47892.
  356  
  357  Case management may not include costs associated with the
  358  application of therapeutic jurisprudence principles by the
  359  courts. Case management also may not include case intake and
  360  records management conducted by the clerk of court.
  361         Section 2. Subsection (6) of section 39.001, Florida
  362  Statutes, is amended to read:
  363         39.001 Purposes and intent; personnel standards and
  364  screening.—
  365         (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
  366         (a) The Legislature recognizes that early referral and
  367  comprehensive treatment can help combat mental illnesses and
  368  substance abuse disorders in families and that treatment is
  369  cost-effective.
  370         (b) The Legislature establishes the following goals for the
  371  state related to mental illness and substance abuse treatment
  372  services in the dependency process:
  373         1. To ensure the safety of children.
  374         2. To prevent and remediate the consequences of mental
  375  illnesses and substance abuse disorders on families involved in
  376  protective supervision or foster care and reduce the occurrences
  377  of mental illnesses and substance abuse disorders, including
  378  alcohol abuse or related disorders, for families who are at risk
  379  of being involved in protective supervision or foster care.
  380         3. To expedite permanency for children and reunify healthy,
  381  intact families, when appropriate.
  382         4. To support families in recovery.
  383         (c) The Legislature finds that children in the care of the
  384  state’s dependency system need appropriate health care services,
  385  that the impact of mental illnesses and substance abuse
  386  disorders on health indicates the need for health care services
  387  to include treatment for mental health and substance abuse
  388  disorders services to children and parents where appropriate,
  389  and that it is in the state’s best interest that such children
  390  be provided the services they need to enable them to become and
  391  remain independent of state care. In order to provide these
  392  services, the state’s dependency system must have the ability to
  393  identify and provide appropriate intervention and treatment for
  394  children with personal or family-related mental illness and
  395  substance abuse problems.
  396         (d) It is the intent of the Legislature to encourage the
  397  use of the treatment-based mental health court program model
  398  established under s. 394.47892 and drug court program model
  399  established by s. 397.334 and authorize courts to assess
  400  children and persons who have custody or are requesting custody
  401  of children where good cause is shown to identify and address
  402  mental illnesses and substance abuse disorders problems as the
  403  court deems appropriate at every stage of the dependency
  404  process. Participation in treatment, including a treatment-based
  405  mental health court program or a treatment-based drug court
  406  program, may be required by the court following adjudication.
  407  Participation in assessment and treatment before prior to
  408  adjudication is shall be voluntary, except as provided in s.
  409  39.407(16).
  410         (e) It is therefore the purpose of the Legislature to
  411  provide authority for the state to contract with mental health
  412  service providers and community substance abuse treatment
  413  providers for the development and operation of specialized
  414  support and overlay services for the dependency system, which
  415  will be fully implemented and used as resources permit.
  416         (f) Participation in a treatment-based mental health court
  417  program or a the treatment-based drug court program does not
  418  divest any public or private agency of its responsibility for a
  419  child or adult, but is intended to enable these agencies to
  420  better meet their needs through shared responsibility and
  421  resources.
  422         Section 3. Subsection (10) of section 39.507, Florida
  423  Statutes, is amended to read:
  424         39.507 Adjudicatory hearings; orders of adjudication.—
  425         (10) After an adjudication of dependency, or a finding of
  426  dependency where adjudication is withheld, the court may order a
  427  person who has custody or is requesting custody of the child to
  428  submit to a mental health or substance abuse disorder assessment
  429  or evaluation. The assessment or evaluation must be administered
  430  by a qualified professional, as defined in s. 397.311. The court
  431  may also require such person to participate in and comply with
  432  treatment and services identified as necessary, including, when
  433  appropriate and available, participation in and compliance with
  434  a treatment-based mental health court program established under
  435  s. 394.47892 or a treatment-based drug court program established
  436  under s. 397.334. In addition to supervision by the department,
  437  the court, including the treatment-based mental health court
  438  program or treatment-based drug court program, may oversee the
  439  progress and compliance with treatment by a person who has
  440  custody or is requesting custody of the child. The court may
  441  impose appropriate available sanctions for noncompliance upon a
  442  person who has custody or is requesting custody of the child or
  443  make a finding of noncompliance for consideration in determining
  444  whether an alternative placement of the child is in the child’s
  445  best interests. Any order entered under this subsection may be
  446  made only upon good cause shown. This subsection does not
  447  authorize placement of a child with a person seeking custody,
  448  other than the parent or legal custodian, who requires mental
  449  health or substance abuse disorder treatment.
  450         Section 4. Paragraph (b) of subsection (1) of section
  451  39.521, Florida Statutes, is amended to read:
  452         39.521 Disposition hearings; powers of disposition.—
  453         (1) A disposition hearing shall be conducted by the court,
  454  if the court finds that the facts alleged in the petition for
  455  dependency were proven in the adjudicatory hearing, or if the
  456  parents or legal custodians have consented to the finding of
  457  dependency or admitted the allegations in the petition, have
  458  failed to appear for the arraignment hearing after proper
  459  notice, or have not been located despite a diligent search
  460  having been conducted.
  461         (b) When any child is adjudicated by a court to be
  462  dependent, the court having jurisdiction of the child has the
  463  power by order to:
  464         1. Require the parent and, when appropriate, the legal
  465  custodian and the child to participate in treatment and services
  466  identified as necessary. The court may require the person who
  467  has custody or who is requesting custody of the child to submit
  468  to a mental health or substance abuse disorder assessment or
  469  evaluation. The assessment or evaluation must be administered by
  470  a qualified professional, as defined in s. 397.311. The court
  471  may also require such person to participate in and comply with
  472  treatment and services identified as necessary, including, when
  473  appropriate and available, participation in and compliance with
  474  a treatment-based mental health court program established under
  475  s. 394.47892 or treatment-based drug court program established
  476  under s. 397.334. In addition to supervision by the department,
  477  the court, including the treatment-based mental health court
  478  program or treatment-based drug court program, may oversee the
  479  progress and compliance with treatment by a person who has
  480  custody or is requesting custody of the child. The court may
  481  impose appropriate available sanctions for noncompliance upon a
  482  person who has custody or is requesting custody of the child or
  483  make a finding of noncompliance for consideration in determining
  484  whether an alternative placement of the child is in the child’s
  485  best interests. Any order entered under this subparagraph may be
  486  made only upon good cause shown. This subparagraph does not
  487  authorize placement of a child with a person seeking custody of
  488  the child, other than the child’s parent or legal custodian, who
  489  requires mental health or substance abuse disorder treatment.
  490         2. Require, if the court deems necessary, the parties to
  491  participate in dependency mediation.
  492         3. Require placement of the child either under the
  493  protective supervision of an authorized agent of the department
  494  in the home of one or both of the child’s parents or in the home
  495  of a relative of the child or another adult approved by the
  496  court, or in the custody of the department. Protective
  497  supervision continues until the court terminates it or until the
  498  child reaches the age of 18, whichever date is first. Protective
  499  supervision shall be terminated by the court whenever the court
  500  determines that permanency has been achieved for the child,
  501  whether with a parent, another relative, or a legal custodian,
  502  and that protective supervision is no longer needed. The
  503  termination of supervision may be with or without retaining
  504  jurisdiction, at the court’s discretion, and shall in either
  505  case be considered a permanency option for the child. The order
  506  terminating supervision by the department shall set forth the
  507  powers of the custodian of the child and shall include the
  508  powers ordinarily granted to a guardian of the person of a minor
  509  unless otherwise specified. Upon the court’s termination of
  510  supervision by the department, no further judicial reviews are
  511  required, so long as permanency has been established for the
  512  child.
  513         Section 5. Subsection (2) and paragraph (a) of subsection
  514  (4) of section 381.0056, Florida Statutes, are amended to read:
  515         381.0056 School health services program.—
  516         (2) As used in this section, the term:
  517         (a) “Emergency health needs” means onsite evaluation,
  518  management, and aid for illness or injury pending the student’s
  519  return to the classroom or release to a parent, guardian,
  520  designated friend, law enforcement officer, or designated health
  521  care provider.
  522         (b) “Entity” or “health care entity” means a unit of local
  523  government or a political subdivision of the state; a hospital
  524  licensed under chapter 395; a health maintenance organization
  525  certified under chapter 641; a health insurer authorized under
  526  the Florida Insurance Code; a community health center; a migrant
  527  health center; a federally qualified health center; an
  528  organization that meets the requirements for nonprofit status
  529  under s. 501(c)(3) of the Internal Revenue Code; a private
  530  industry or business; or a philanthropic foundation that agrees
  531  to participate in a public-private partnership with a county
  532  health department, local school district, or school in the
  533  delivery of school health services, and agrees to the terms and
  534  conditions for the delivery of such services as required by this
  535  section and as documented in the local school health services
  536  plan.
  537         (c) “Invasive screening” means any screening procedure in
  538  which the skin or any body orifice is penetrated.
  539         (d) “Physical examination” means a thorough evaluation of
  540  the health status of an individual.
  541         (e) “School health services plan” means the document that
  542  describes the services to be provided, the responsibility for
  543  provision of the services, the anticipated expenditures to
  544  provide the services, and evidence of cooperative planning by
  545  local school districts and county health departments.
  546         (f) “Screening” means presumptive identification of unknown
  547  or unrecognized diseases or defects by the application of tests
  548  that can be given with ease and rapidity to apparently healthy
  549  persons.
  550         (4)(a) Each county health department shall develop, jointly
  551  with the district school board and the local school health
  552  advisory committee, a school health services plan.; and The plan
  553  must include, at a minimum, provisions for all of the following:
  554         1. Health appraisal;
  555         2. Records review;
  556         3. Nurse assessment;
  557         4. Nutrition assessment;
  558         5. A preventive dental program;
  559         6. Vision screening;
  560         7. Hearing screening;
  561         8. Scoliosis screening;
  562         9. Growth and development screening;
  563         10. Health counseling;
  564         11. Referral and followup of suspected or confirmed health
  565  problems by the local county health department;
  566         12. Meeting emergency health needs in each school;
  567         13. County health department personnel to assist school
  568  personnel in health education curriculum development;
  569         14. Referral of students to appropriate health treatment,
  570  in cooperation with the private health community whenever
  571  possible;
  572         15. Consultation with a student’s parent or guardian
  573  regarding the need for health attention by the family physician,
  574  dentist, or other specialist when definitive diagnosis or
  575  treatment is indicated;
  576         16. Maintenance of records on incidents of health problems,
  577  corrective measures taken, and such other information as may be
  578  needed to plan and evaluate health programs; except, however,
  579  that provisions in the plan for maintenance of health records of
  580  individual students must be in accordance with s. 1002.22;
  581         17. Health information which will be provided by the school
  582  health nurses, when necessary, regarding the placement of
  583  students in exceptional student programs and the reevaluation at
  584  periodic intervals of students placed in such programs; and
  585         18. Notification to the local nonpublic schools of the
  586  school health services program and the opportunity for
  587  representatives of the local nonpublic schools to participate in
  588  the development of the cooperative health services plan.
  589         19. Immediate notification to a student’s parent, guardian,
  590  or caregiver if the student is removed from school, school
  591  transportation, or a school-sponsored activity and taken to a
  592  receiving facility for an involuntary examination pursuant to s.
  593  394.463, including any requirements established under ss.
  594  1002.20(3) and 1002.33(9), as applicable.
  595         Section 6. Section 394.453, Florida Statutes, is amended to
  596  read:
  597         394.453 Legislative intent.—It is the intent of the
  598  Legislature to authorize and direct the Department of Children
  599  and Families to evaluate, research, plan, and recommend to the
  600  Governor and the Legislature programs designed to reduce the
  601  occurrence, severity, duration, and disabling aspects of mental,
  602  emotional, and behavioral disorders and substance abuse
  603  impairment. It is the intent of the Legislature that treatment
  604  programs for such disorders shall include, but not be limited
  605  to, comprehensive health, social, educational, and
  606  rehabilitative services for individuals to persons requiring
  607  intensive short-term and continued treatment in order to
  608  encourage them to assume responsibility for their treatment and
  609  recovery. It is intended that such individuals persons be
  610  provided with emergency service and temporary detention for
  611  evaluation if when required; that they be admitted to treatment
  612  facilities if on a voluntary basis when extended or continuing
  613  care is needed and unavailable in the community; that
  614  involuntary placement be provided only if when expert evaluation
  615  determines that it is necessary; that any involuntary treatment
  616  or examination be accomplished in a setting that which is
  617  clinically appropriate and most likely to facilitate the
  618  individual’s person’s return to the community as soon as
  619  possible; and that individual dignity and human rights be
  620  guaranteed to all individuals persons who are admitted to mental
  621  health and substance abuse treatment facilities or who are being
  622  held under s. 394.463. It is the further intent of the
  623  Legislature that the least restrictive means of intervention be
  624  employed based on the individual’s individual needs of each
  625  person, within the scope of available services. It is the policy
  626  of this state that the use of restraint and seclusion on clients
  627  is justified only as an emergency safety measure to be used in
  628  response to imminent danger to the individual client or others.
  629  It is, therefore, the intent of the Legislature to achieve an
  630  ongoing reduction in the use of restraint and seclusion in
  631  programs and facilities serving individuals persons with mental
  632  illness or with a substance abuse impairment.
  633         Section 7. Effective July 1, 2016, section 394.455, Florida
  634  Statutes, is reordered and amended to read:
  635         394.455 Definitions.—As used in this part, unless the
  636  context clearly requires otherwise, the term:
  637         (1) “Addictions receiving facility” means a secure, acute
  638  care facility that, at a minimum, provides detoxification and
  639  stabilization services; is operated 24 hours per day, 7 days a
  640  week; and is designated by the department to serve individuals
  641  found to have substance abuse impairment as defined in
  642  subsection (44) who qualify for services under this section.
  643         (2)(1) “Administrator” means the chief administrative
  644  officer of a receiving or treatment facility or his or her
  645  designee.
  646         (3) “Adult” means an individual who is 18 years of age or
  647  older, or who has had the disability of nonage removed pursuant
  648  to s. 743.01 or s. 743.015.
  649         (4) “Advanced registered nurse practitioner” means any
  650  person licensed in this state to practice professional nursing
  651  who is certified in advanced or specialized nursing practice
  652  under s. 464.012.
  653         (36)(2) “Clinical Psychologist” means a psychologist as
  654  defined in s. 490.003(7) with 3 years of postdoctoral experience
  655  in the practice of clinical psychology, inclusive of the
  656  experience required for licensure, or a psychologist employed by
  657  a facility operated by the United States Department of Veterans
  658  Affairs that qualifies as a receiving or treatment facility
  659  under this part.
  660         (5)(3) “Clinical record” means all parts of the record
  661  required to be maintained and includes all medical records,
  662  progress notes, charts, and admission and discharge data, and
  663  all other information recorded by a facility staff which
  664  pertains to an individual’s the patient’s hospitalization or
  665  treatment.
  666         (6)(4) “Clinical social worker” means a person licensed as
  667  a clinical social worker under s. 491.005 or s. 491.006 or a
  668  person employed as a clinical social worker by a facility
  669  operated by the United States Department of Veterans Affairs or
  670  the United States Department of Defense under chapter 491.
  671         (7)(5) “Community facility” means a any community service
  672  provider contracting with the department to furnish substance
  673  abuse or mental health services under part IV of this chapter.
  674         (8)(6) “Community mental health center or clinic” means a
  675  publicly funded, not-for-profit center that which contracts with
  676  the department for the provision of inpatient, outpatient, day
  677  treatment, or emergency services.
  678         (9)(7) “Court,” unless otherwise specified, means the
  679  circuit court.
  680         (10)(8) “Department” means the Department of Children and
  681  Families.
  682         (11) “Detoxification facility” means a facility licensed to
  683  provide detoxification services under chapter 397.
  684         (12) “Electronic means” means a form of telecommunication
  685  that requires all parties to maintain visual as well as audio
  686  communication.
  687         (13)(9) “Express and informed consent” means consent
  688  voluntarily given in writing, by a competent individual person,
  689  after sufficient explanation and disclosure of the subject
  690  matter involved to enable the individual person to make a
  691  knowing and willful decision without any element of force,
  692  fraud, deceit, duress, or other form of constraint or coercion.
  693         (14)(10) “Facility” means any hospital, community facility,
  694  public or private facility, or receiving or treatment facility
  695  providing for the evaluation, diagnosis, care, treatment,
  696  training, or hospitalization of individuals persons who appear
  697  to have a mental illness or who have been diagnosed as having a
  698  mental illness or substance abuse impairment. The term
  699  “Facility” does not include a any program or entity licensed
  700  under pursuant to chapter 400 or chapter 429.
  701         (15) “Governmental facility” means a facility owned,
  702  operated, or administered by the Department of Corrections or
  703  the United States Department of Veterans Affairs.
  704         (16)(11) “Guardian” means the natural guardian of a minor,
  705  or a person appointed by a court to act on behalf of a ward’s
  706  person if the ward is a minor or has been adjudicated
  707  incapacitated.
  708         (17)(12) “Guardian advocate” means a person appointed by a
  709  court to make decisions regarding mental health or substance
  710  abuse treatment on behalf of an individual a patient who has
  711  been found incompetent to consent to treatment pursuant to this
  712  part. The guardian advocate may be granted specific additional
  713  powers by written order of the court, as provided in this part.
  714         (18)(13) “Hospital” means a hospital facility as defined in
  715  s. 395.002 and licensed under chapter 395 and part II of chapter
  716  408.
  717         (19)(14) “Incapacitated” means that an individual a person
  718  has been adjudicated incapacitated pursuant to part V of chapter
  719  744 and a guardian of the person has been appointed.
  720         (20)(15) “Incompetent to consent to treatment” means that
  721  an individual’s a person’s judgment is so affected by a his or
  722  her mental illness, a substance abuse impairment, or other
  723  medical or organic cause that he or she the person lacks the
  724  capacity to make a well-reasoned, willful, and knowing decision
  725  concerning his or her medical, or mental health, or substance
  726  abuse treatment.
  727         (21) “Involuntary examination” means an examination
  728  performed under s. 394.463 to determine whether an individual
  729  qualifies for involuntary outpatient placement under s. 394.4655
  730  or involuntary inpatient placement under s. 394.467.
  731         (22) “Involuntary placement” means involuntary outpatient
  732  placement under s. 394.4655 or involuntary inpatient placement
  733  in a receiving or treatment facility under s. 394.467.
  734         (23)(16) “Law enforcement officer” means a law enforcement
  735  officer as defined in s. 943.10.
  736         (24) “Marriage and family therapist” means a person
  737  licensed to practice marriage and family therapy under s.
  738  491.005 or s. 491.006 or a person employed as a marriage and
  739  family therapist by a facility operated by the United States
  740  Department of Veterans Affairs or the United States Department
  741  of Defense.
  742         (25) “Mental health counselor” means a person licensed to
  743  practice mental health counseling under s. 491.005 or s. 491.006
  744  or a person employed as a mental health counselor by a facility
  745  operated by the United States Department of Veterans Affairs or
  746  the United States Department of Defense.
  747         (26)(17) “Mental health overlay program” means a mobile
  748  service that which provides an independent examination for
  749  voluntary admission admissions and a range of supplemental
  750  onsite services to an individual who has persons with a mental
  751  illness in a residential setting such as a nursing home,
  752  assisted living facility, adult family-care home, or
  753  nonresidential setting such as an adult day care center.
  754  Independent examinations provided pursuant to this part through
  755  a mental health overlay program must only be provided only under
  756  contract with the department for this service or must be
  757  attached to a public receiving facility that is also a community
  758  mental health center.
  759         (28)(18) “Mental illness” means an impairment of the mental
  760  or emotional processes that exercise conscious control of one’s
  761  actions or of the ability to perceive or understand reality,
  762  which impairment substantially interferes with the individual’s
  763  person’s ability to meet the ordinary demands of living. For the
  764  purposes of this part, the term does not include a developmental
  765  disability as defined in chapter 393, intoxication, or
  766  conditions manifested only by antisocial behavior or substance
  767  abuse impairment.
  768         (29) “Minor” means an individual who is 17 years of age or
  769  younger and who has not had the disabilities of nonage removed
  770  pursuant to s. 743.01 or s. 743.015.
  771         (30)(19) “Mobile crisis response service” means a
  772  nonresidential crisis service attached to a public receiving
  773  facility and available 24 hours a day, 7 days a week, through
  774  which provides immediate intensive assessments and
  775  interventions, including screening for admission into a mental
  776  health receiving facility, an addictions receiving facility, or
  777  a detoxification facility, take place for the purpose of
  778  identifying appropriate treatment services.
  779         (20) “Patient” means any person who is held or accepted for
  780  mental health treatment.
  781         (31)(21) “Physician” means a medical practitioner licensed
  782  under chapter 458 or chapter 459 who has experience in the
  783  diagnosis and treatment of mental and nervous disorders or a
  784  physician employed by a facility operated by the United States
  785  Department of Veterans Affairs or the United States Department
  786  of Defense which qualifies as a receiving or treatment facility
  787  under this part.
  788         (32) “Physician assistant” means a person licensed under
  789  chapter 458 or chapter 459 who has experience in the diagnosis
  790  and treatment of mental disorders or a person employed as a
  791  physician assistant by a facility operated by the United States
  792  Department of Veterans Affairs or the United States Department
  793  of Defense.
  794         (33)(22) “Private facility” means any hospital or facility
  795  operated by a for-profit or not-for-profit corporation or
  796  association that provides mental health or substance abuse
  797  services and is not a public facility.
  798         (34)(23) “Psychiatric nurse” means an advanced a registered
  799  nurse practitioner certified under s. 464.012 licensed under
  800  part I of chapter 464 who has a master’s or doctoral degree or a
  801  doctorate in psychiatric nursing, holds a national advanced
  802  practice certification as a psychiatric-mental health advanced
  803  practice nurse, and has 2 years of post-master’s clinical
  804  experience under the supervision of a physician; or a person
  805  employed as a psychiatric nurse by a facility operated by the
  806  United States Department of Veterans Affairs or the United
  807  States Department of Defense.
  808         (35)(24) “Psychiatrist” means a medical practitioner
  809  licensed under chapter 458 or chapter 459 who has primarily
  810  diagnosed and treated mental and nervous disorders for at least
  811  a period of not less than 3 years, inclusive of psychiatric
  812  residency, or a person employed as a psychiatrist by a facility
  813  operated by the United States Department of Veterans Affairs or
  814  the United States Department of Defense.
  815         (37)(25) “Public facility” means any facility that has
  816  contracted with the department to provide mental health or
  817  substance abuse services to all individuals persons, regardless
  818  of their ability to pay, and is receiving state funds for such
  819  purpose.
  820         (27)(26) “Mental health receiving facility” means any
  821  public or private facility designated by the department to
  822  receive and hold individuals in involuntary status involuntary
  823  patients under emergency conditions or for psychiatric
  824  evaluation and to provide short-term treatment. The term does
  825  not include a county jail.
  826         (38)(27) “Representative” means a person selected pursuant
  827  to s. 394.4597(2) to receive notice of proceedings during the
  828  time a patient is held in or admitted to a receiving or
  829  treatment facility.
  830         (39)(28)(a) “Restraint” means a physical device, method, or
  831  drug used to control behavior.
  832         (a) A physical restraint is any manual method or physical
  833  or mechanical device, material, or equipment attached or
  834  adjacent to an the individual’s body so that he or she cannot
  835  easily remove the restraint and which restricts freedom of
  836  movement or normal access to one’s body.
  837         (b) A drug used as a restraint is a medication used to
  838  control an individual’s the person’s behavior or to restrict his
  839  or her freedom of movement and is not part of the standard
  840  treatment regimen for an individual having of a person with a
  841  diagnosed mental illness who is a client of the department.
  842  Physically holding an individual a person during a procedure to
  843  forcibly administer psychotropic medication is a physical
  844  restraint.
  845         (c) Restraint does not include physical devices, such as
  846  orthopedically prescribed appliances, surgical dressings and
  847  bandages, supportive body bands, or other physical holding when
  848  necessary for routine physical examinations and tests; or for
  849  purposes of orthopedic, surgical, or other similar medical
  850  treatment; when used to provide support for the achievement of
  851  functional body position or proper balance; or when used to
  852  protect an individual a person from falling out of bed.
  853         (40) “School psychologist” has the same meaning as defined
  854  in s. 490.003.
  855         (41)(29) “Seclusion” means the physical segregation of a
  856  person in any fashion or involuntary isolation of an individual
  857  a person in a room or area from which the individual person is
  858  prevented from leaving. The prevention may be by physical
  859  barrier or by a staff member who is acting in a manner, or who
  860  is physically situated, so as to prevent the individual person
  861  from leaving the room or area. For purposes of this chapter, the
  862  term does not mean isolation due to an individual’s a person’s
  863  medical condition or symptoms.
  864         (42)(30) “Secretary” means the Secretary of Children and
  865  Families.
  866         (43) “Service provider” means a mental health receiving
  867  facility, any facility licensed under chapter 397, a treatment
  868  facility, an entity under contract with the department to
  869  provide mental health or substance abuse services, a community
  870  mental health center or clinic, a psychologist, a clinical
  871  social worker, a marriage and family therapist, a mental health
  872  counselor, a physician, a psychiatrist, an advanced registered
  873  nurse practitioner, or a psychiatric nurse.
  874         (44) “Substance abuse impairment” means a condition
  875  involving the use of alcoholic beverages or any psychoactive or
  876  mood-altering substance in such a manner as to induce mental,
  877  emotional, or physical problems and cause socially dysfunctional
  878  behavior.
  879         (45) “Substance abuse qualified professional” has the same
  880  meaning as the term “qualified professional” as defined in s.
  881  397.311.
  882         (46)(31) “Transfer evaluation” means the process, as
  883  approved by the appropriate district office of the department,
  884  in which an individual whereby a person who is being considered
  885  for placement in a state treatment facility is first evaluated
  886  for appropriateness of admission to a treatment the facility.
  887  The transfer evaluation shall be conducted by the department, by
  888  a community-based public receiving facility, or by another
  889  service provider as authorized by the department, or by a
  890  community mental health center or clinic if the public receiving
  891  facility is not a community mental health center or clinic.
  892         (47)(32) “Treatment facility” means a any state-owned,
  893  state-operated, or state-supported hospital, center, or clinic
  894  designated by the department for extended treatment and
  895  hospitalization of individuals who have a mental illness, beyond
  896  that provided for by a receiving facility or a, of persons who
  897  have a mental illness, including facilities of the United States
  898  Government, and any private facility designated by the
  899  department when rendering such services to a person pursuant to
  900  the provisions of this part. Patients treated in facilities of
  901  the United States Government shall be solely those whose care is
  902  the responsibility of the United States Department of Veterans
  903  Affairs.
  904         (33) “Service provider” means any public or private
  905  receiving facility, an entity under contract with the Department
  906  of Children and Families to provide mental health services, a
  907  clinical psychologist, a clinical social worker, a marriage and
  908  family therapist, a mental health counselor, a physician, a
  909  psychiatric nurse as defined in subsection (23), or a community
  910  mental health center or clinic as defined in this part.
  911         (34) “Involuntary examination” means an examination
  912  performed under s. 394.463 to determine if an individual
  913  qualifies for involuntary inpatient treatment under s.
  914  394.467(1) or involuntary outpatient treatment under s.
  915  394.4655(1).
  916         (35) “Involuntary placement” means either involuntary
  917  outpatient treatment pursuant to s. 394.4655 or involuntary
  918  inpatient treatment pursuant to s. 394.467.
  919         (36) “Marriage and family therapist” means a person
  920  licensed as a marriage and family therapist under chapter 491.
  921         (37) “Mental health counselor” means a person licensed as a
  922  mental health counselor under chapter 491.
  923         (38) “Electronic means” means a form of telecommunication
  924  that requires all parties to maintain visual as well as audio
  925  communication.
  926         Section 8. Effective July 1, 2016, section 394.457, Florida
  927  Statutes, is amended to read:
  928         394.457 Operation and administration.—
  929         (1) ADMINISTRATION.—The Department of Children and Families
  930  is designated the “Mental Health Authority” of Florida. The
  931  department and the Agency for Health Care Administration shall
  932  exercise executive and administrative supervision over all
  933  mental health facilities, programs, and services.
  934         (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is
  935  responsible for:
  936         (a) The planning, evaluation, and implementation of a
  937  complete and comprehensive statewide program of mental health
  938  and substance abuse program, including community services,
  939  receiving and treatment facilities, child services, research,
  940  and training as authorized and approved by the Legislature,
  941  based on the annual program budget of the department. The
  942  department is also responsible for the coordination of efforts
  943  with other departments and divisions of the state government,
  944  county and municipal governments, and private agencies concerned
  945  with and providing mental health and substance abuse services.
  946  It is responsible for establishing standards, providing
  947  technical assistance, and supervising exercising supervision of
  948  mental health and substance abuse programs of, and the treatment
  949  of individuals patients at, community facilities, other
  950  facilities serving individuals for persons who have a mental
  951  illness or substance abuse impairment, and any agency or
  952  facility providing services under to patients pursuant to this
  953  part.
  954         (b) The publication and distribution of an information
  955  handbook to facilitate understanding of this part, the policies
  956  and procedures involved in the implementation of this part, and
  957  the responsibilities of the various providers of services under
  958  this part. It shall stimulate research by public and private
  959  agencies, institutions of higher learning, and hospitals in the
  960  interest of the elimination and amelioration of mental illness.
  961         (3) POWER TO CONTRACT.—The department may contract to
  962  provide, and be provided with, services and facilities in order
  963  to carry out its responsibilities under this part with the
  964  following agencies: public and private hospitals; receiving and
  965  treatment facilities; clinics; laboratories; departments,
  966  divisions, and other units of state government; the state
  967  colleges and universities; the community colleges; private
  968  colleges and universities; counties, municipalities, and any
  969  other governmental unit, including facilities of the United
  970  States Government; and any other public or private entity which
  971  provides or needs facilities or services. Baker Act funds for
  972  community inpatient, crisis stabilization, short-term
  973  residential treatment, and screening services must be allocated
  974  to each county pursuant to the department’s funding allocation
  975  methodology. Notwithstanding s. 287.057(3)(e), contracts for
  976  community-based Baker Act services for inpatient, crisis
  977  stabilization, short-term residential treatment, and screening
  978  provided under this part, other than those with other units of
  979  government, to be provided for the department must be awarded
  980  using competitive sealed bids if the county commission of the
  981  county receiving the services makes a request to the
  982  department’s district office by January 15 of the contracting
  983  year. The district may not enter into a competitively bid
  984  contract under this provision if such action will result in
  985  increases of state or local expenditures for Baker Act services
  986  within the district. Contracts for these Baker Act services
  987  using competitive sealed bids are effective for 3 years. The
  988  department shall adopt rules establishing minimum standards for
  989  such contracted services and facilities and shall make periodic
  990  audits and inspections to assure that the contracted services
  991  are provided and meet the standards of the department.
  992         (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The
  993  department may apply for and accept any funds, grants, gifts, or
  994  services made available to it by any agency or department of the
  995  Federal Government or any other public or private agency or
  996  person individual in aid of mental health and substance abuse
  997  programs. All such moneys must shall be deposited in the State
  998  Treasury and shall be disbursed as provided by law.
  999         (5) RULES.—The department shall adopt rules:
 1000         (a) Establishing The department shall adopt rules
 1001  establishing forms and procedures relating to the rights and
 1002  privileges of individuals being examined or treated at patients
 1003  seeking mental health treatment from facilities under this part.
 1004         (b) The department shall adopt rules Necessary for the
 1005  implementation and administration of the provisions of this
 1006  part., and A program subject to the provisions of this part may
 1007  shall not be permitted to operate unless rules designed to
 1008  ensure the protection of the health, safety, and welfare of the
 1009  individuals examined and patients treated under through such
 1010  program have been adopted. Such rules adopted under this
 1011  subsection must include provisions governing the use of
 1012  restraint and seclusion which are consistent with recognized
 1013  best practices and professional judgment; prohibit inherently
 1014  dangerous restraint or seclusion procedures; establish
 1015  limitations on the use and duration of restraint and seclusion;
 1016  establish measures to ensure the safety of program participants
 1017  and staff during an incident of restraint or seclusion;
 1018  establish procedures for staff to follow before, during, and
 1019  after incidents of restraint or seclusion; establish
 1020  professional qualifications of and training for staff who may
 1021  order or be engaged in the use of restraint or seclusion; and
 1022  establish mandatory reporting, data collection, and data
 1023  dissemination procedures and requirements. Such rules adopted
 1024  under this subsection must require that each instance of the use
 1025  of restraint or seclusion be documented in the clinical record
 1026  of the individual who has been restrained or secluded patient.
 1027         (c) Establishing The department shall adopt rules
 1028  establishing minimum standards for services provided by a mental
 1029  health overlay program or a mobile crisis response service.
 1030         (6) PERSONNEL.—
 1031         (a) The department shall, by rule, establish minimum
 1032  standards of education and experience for professional and
 1033  technical personnel employed in mental health programs,
 1034  including members of a mobile crisis response service.
 1035         (b) The department shall design and distribute appropriate
 1036  materials for the orientation and training of persons actively
 1037  engaged in implementing the provisions of this part relating to
 1038  the involuntary examination and placement of persons who are
 1039  believed to have a mental illness.
 1040         (6)(7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee
 1041  collections for patients in state-owned, state-operated, or
 1042  state-supported treatment facilities shall be according to s.
 1043  402.33.
 1044         Section 9. Section 394.4573, Florida Statutes, is amended
 1045  to read:
 1046         394.4573 Continuity of care management system; measures of
 1047  performance; reports.—
 1048         (1) For the purposes of this section, the term:
 1049         (a) “Case management” means those activities aimed at
 1050  assessing client needs, planning services, linking the service
 1051  system to a client, coordinating the various system components,
 1052  monitoring service delivery, and evaluating the effect of
 1053  service delivery.
 1054         (b) “Case manager” means a person an individual who works
 1055  with clients, and their families and significant others, to
 1056  provide case management.
 1057         (c) “Client manager” means an employee of the department
 1058  who is assigned to specific provider agencies and geographic
 1059  areas to ensure that the full range of needed services is
 1060  available to clients.
 1061         (d) “Continuity of care management system” means a system
 1062  that assures, within available resources, that clients have
 1063  access to the full array of services within the mental health
 1064  services delivery system.
 1065         (2) The department shall ensure the establishment of is
 1066  directed to implement a continuity of care management system for
 1067  the provision of mental health and substance abuse care in
 1068  compliance with s. 394.9082., through the provision of client
 1069  and case management, including clients referred from state
 1070  treatment facilities to community mental health facilities. Such
 1071  system shall include a network of client managers and case
 1072  managers throughout the state designed to:
 1073         (a) Reduce the possibility of a client’s admission or
 1074  readmission to a state treatment facility.
 1075         (b) Provide for the creation or designation of an agency in
 1076  each county to provide single intake services for each person
 1077  seeking mental health services. Such agency shall provide
 1078  information and referral services necessary to ensure that
 1079  clients receive the most appropriate and least restrictive form
 1080  of care, based on the individual needs of the person seeking
 1081  treatment. Such agency shall have a single telephone number,
 1082  operating 24 hours per day, 7 days per week, where practicable,
 1083  at a central location, where each client will have a central
 1084  record.
 1085         (c) Advocate on behalf of the client to ensure that all
 1086  appropriate services are afforded to the client in a timely and
 1087  dignified manner.
 1088         (d) Require that any public receiving facility initiating a
 1089  patient transfer to a licensed hospital for acute care mental
 1090  health services not accessible through the public receiving
 1091  facility shall notify the hospital of such transfer and send all
 1092  records relating to the emergency psychiatric or medical
 1093  condition.
 1094         (3) The department is directed to develop and include in
 1095  contracts with service providers measures of performance with
 1096  regard to goals and objectives as specified in the state plan.
 1097  Such measures shall use, to the extent practical, existing data
 1098  collection methods and reports and shall not require, as a
 1099  result of this subsection, additional reports on the part of
 1100  service providers. The department shall plan monitoring visits
 1101  of community mental health facilities with other state, federal,
 1102  and local governmental and private agencies charged with
 1103  monitoring such facilities.
 1104         Section 10. Effective July 1, 2016, section 394.459,
 1105  Florida Statutes, is amended to read:
 1106         394.459 Rights of individuals receiving treatment and
 1107  services patients.—
 1108         (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this
 1109  state that the individual dignity of all individuals held for
 1110  examination or admitted for mental health or substance abuse
 1111  treatment the patient shall be respected at all times and upon
 1112  all occasions, including any occasion when the individual
 1113  patient is taken into custody, held, or transported. Procedures,
 1114  facilities, vehicles, and restraining devices used utilized for
 1115  criminals or those accused of a crime may shall not be used in
 1116  connection with individuals persons who have a mental illness or
 1117  substance abuse impairment, except for the protection of that
 1118  individual the patient or others. An individual Persons who has
 1119  have a mental illness but who has are not been charged with a
 1120  criminal offense may shall not be detained or incarcerated in
 1121  the jails of this state. An individual A person who is receiving
 1122  treatment for mental illness or substance abuse may shall not be
 1123  deprived of his or her any constitutional rights. However, if
 1124  such individual a person is adjudicated incapacitated, his or
 1125  her rights may be limited to the same extent that the rights of
 1126  any incapacitated individual person are limited by law.
 1127         (2)PROTECTIVE CUSTODY WITHOUT CONSENT FOR SUBSTANCE ABUSE
 1128  IMPAIRMENT.—An individual who has a substance abuse impairment
 1129  but who has not been charged with a criminal offense may be
 1130  placed in protective custody without his or her consent, subject
 1131  to the limitations specified in this subsection. If it has been
 1132  determined that a hospital, an addictions receiving facility, or
 1133  a licensed detoxification facility is the most appropriate
 1134  placement for the individual, law enforcement may implement
 1135  protective custody measures as specified in this subsection.
 1136         (a) An individual meets the criteria for placement in
 1137  protective custody if there is a good faith reason to believe
 1138  that the individual is impaired by substance abuse, has lost the
 1139  power of self-control with respect to substance use because of
 1140  such impairment, and:
 1141         1. Has inflicted, or threated or attempted to inflict, or
 1142  unless admitted is likely to inflict, physical harm on himself
 1143  or herself or another; or
 1144         2. Is in need of substance abuse services and, by reason of
 1145  substance abuse impairment, is incapacitated and unable to make
 1146  a rational decision with regard thereto. However, mere refusal
 1147  to seek or obtain such services does not constitute evidence of
 1148  lack of judgment with respect to his or her need for such
 1149  services.
 1150         (b)If an individual who is in circumstances that justify
 1151  protective custody as described in paragraph (a) fails or
 1152  refuses to consent to assistance and a law enforcement officer
 1153  has determined that a hospital, an addictions receiving
 1154  facility, or a licensed detoxification facility is the most
 1155  appropriate place for such individual, the officer may, after
 1156  giving due consideration to the expressed wishes of the
 1157  individual:
 1158         1. Take the individual to a hospital, an addictions
 1159  receiving facility, or a licensed detoxification facility
 1160  against the individual’s will but without using unreasonable
 1161  force; or
 1162         2. In the case of an adult, detain the individual for his
 1163  or her own protection in any municipal or county jail or other
 1164  appropriate detention facility.
 1165  
 1166  Detention under this paragraph is not to be considered an arrest
 1167  for any purpose, and an entry or other record may not be made to
 1168  indicate that the individual has been detained or charged with
 1169  any crime. The officer in charge of the detention facility must
 1170  notify the nearest appropriate licensed service provider within
 1171  8 hours after detention that the individual has been detained.
 1172  The detention facility must arrange, as necessary, for
 1173  transportation of the individual to an appropriate licensed
 1174  service provider with an available bed. Individuals detained
 1175  under this paragraph must be assessed by an attending physician
 1176  without unnecessary delay and within a 72-hour period to
 1177  determine the need for further services.
 1178         (c) The nearest relative of a minor in protective custody
 1179  must be notified by the law enforcement officer, as must the
 1180  nearest relative of an adult, unless the adult requests that
 1181  there be no notification.
 1182         (d) An individual who is in protective custody must be
 1183  released by a qualified professional when any of the following
 1184  circumstances occur:
 1185         1. The individual no longer meets the protective custody
 1186  criteria set out in paragraph (a);
 1187         2. A 72-hour period has elapsed since the individual was
 1188  taken into custody; or
 1189         3. The individual has consented voluntarily to readmission
 1190  at the facility of the licensed service provider.
 1191         (e) An individual may be detained in protective custody
 1192  beyond the 72-hour period if a petitioner has initiated
 1193  proceedings for involuntary assessment or treatment. The timely
 1194  filing of the petition authorizes the service provider to retain
 1195  physical custody of the individual pending further order of the
 1196  court.
 1197         (3)(2) RIGHT TO TREATMENT.—An individual held for
 1198  examination or admitted for mental illness or substance abuse
 1199  treatment:
 1200         (a) May A person shall not be denied treatment for mental
 1201  illness or substance abuse impairment, and services may shall
 1202  not be delayed at a mental health receiving facility, addictions
 1203  receiving facility, detoxification facility, or treatment
 1204  facility because of inability to pay. However, every reasonable
 1205  effort to collect appropriate reimbursement for the cost of
 1206  providing mental health or substance abuse services from
 1207  individuals to persons able to pay for services, including
 1208  insurance or third-party payments by third-party payers, shall
 1209  be made by facilities providing services under pursuant to this
 1210  part.
 1211         (b) Shall be provided It is further the policy of the state
 1212  that the least restrictive appropriate available treatment,
 1213  which must be utilized based on the individual’s individual
 1214  needs and best interests of the patient and consistent with the
 1215  optimum improvement of the individual’s patient’s condition.
 1216         (c) Shall Each person who remains at a receiving or
 1217  treatment facility for more than 12 hours shall be given a
 1218  physical examination by a health practitioner authorized by law
 1219  to give such examinations, and a mental health or substance
 1220  abuse evaluation, as appropriate, by a psychiatrist,
 1221  psychologist, psychiatric nurse, or qualified substance abuse
 1222  professional, within 24 hours after arrival at such facility if
 1223  the individual has not been released or discharged pursuant to
 1224  s. 394.463(2)(h) or s. 394.469. The physical examination and
 1225  mental health evaluation must be documented in the clinical
 1226  record. The physical and mental health examinations shall
 1227  include efforts to identify indicators of substance abuse
 1228  impairment, substance abuse intoxication, and substance abuse
 1229  withdrawal.
 1230         (d) Shall Every patient in a facility shall be afforded the
 1231  opportunity to participate in activities designed to enhance
 1232  self-image and the beneficial effects of other treatments, as
 1233  determined by the facility.
 1234         (e) Shall, not more than 5 days after admission to a
 1235  facility, each patient shall have and receive an individualized
 1236  treatment plan in writing, which the individual patient has had
 1237  an opportunity to assist in preparing and to review before prior
 1238  to its implementation. The plan must shall include a space for
 1239  the individual’s patient’s comments and signature.
 1240         (4)(3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
 1241         (a)1. Each individual patient entering treatment shall be
 1242  asked to give express and informed consent for admission or
 1243  treatment.
 1244         (a) If the individual patient has been adjudicated
 1245  incapacitated or found to be incompetent to consent to
 1246  treatment, express and informed consent must to treatment shall
 1247  be sought from his or her instead from the patient’s guardian,
 1248  or guardian advocate, or health care surrogate or proxy. If the
 1249  individual patient is a minor, express and informed consent for
 1250  admission or treatment must be obtained shall also be requested
 1251  from the patient’s guardian. Express and informed consent for
 1252  admission or treatment of a patient under 18 years of age shall
 1253  be required from the minor’s patient’s guardian, unless the
 1254  minor is seeking outpatient crisis intervention services under
 1255  s. 394.4784. Express and informed consent for admission or
 1256  treatment given by a patient who is under 18 years of age shall
 1257  not be a condition of admission when the patient’s guardian
 1258  gives express and informed consent for the patient’s admission
 1259  pursuant to s. 394.463 or s. 394.467.
 1260         (b)2. Before giving express and informed consent, the
 1261  following information shall be provided and explained in plain
 1262  language to the individual and patient, or to his or her the
 1263  patient’s guardian if the individual patient is an adult 18
 1264  years of age or older and has been adjudicated incapacitated, or
 1265  to his or her the patient’s guardian advocate if the individual
 1266  patient has been found to be incompetent to consent to
 1267  treatment, to the health care surrogate or proxy, or to both the
 1268  individual patient and the guardian if the individual patient is
 1269  a minor: the reason for admission or treatment; the proposed
 1270  treatment and; the purpose of such the treatment to be provided;
 1271  the common risks, benefits, and side effects of the proposed
 1272  treatment thereof; the specific dosage range of for the
 1273  medication, if when applicable; alternative treatment
 1274  modalities; the approximate length of care; the potential
 1275  effects of stopping treatment; how treatment will be monitored;
 1276  and that any consent given for treatment may be revoked orally
 1277  or in writing before or during the treatment period by the
 1278  individual receiving the treatment patient or by a person who is
 1279  legally authorized to make health care decisions on the
 1280  individual’s behalf of the patient.
 1281         (b) In the case of medical procedures requiring the use of
 1282  a general anesthetic or electroconvulsive treatment, and prior
 1283  to performing the procedure, express and informed consent shall
 1284  be obtained from the patient if the patient is legally
 1285  competent, from the guardian of a minor patient, from the
 1286  guardian of a patient who has been adjudicated incapacitated, or
 1287  from the guardian advocate of the patient if the guardian
 1288  advocate has been given express court authority to consent to
 1289  medical procedures or electroconvulsive treatment as provided
 1290  under s. 394.4598.
 1291         (c) When the department is the legal guardian of a patient,
 1292  or is the custodian of a patient whose physician is unwilling to
 1293  perform a medical procedure, including an electroconvulsive
 1294  treatment, based solely on the patient’s consent and whose
 1295  guardian or guardian advocate is unknown or unlocatable, the
 1296  court shall hold a hearing to determine the medical necessity of
 1297  the medical procedure. The patient shall be physically present,
 1298  unless the patient’s medical condition precludes such presence,
 1299  represented by counsel, and provided the right and opportunity
 1300  to be confronted with, and to cross-examine, all witnesses
 1301  alleging the medical necessity of such procedure. In such
 1302  proceedings, the burden of proof by clear and convincing
 1303  evidence shall be on the party alleging the medical necessity of
 1304  the procedure.
 1305         (d) The administrator of a receiving or treatment facility
 1306  may, upon the recommendation of the patient’s attending
 1307  physician, authorize emergency medical treatment, including a
 1308  surgical procedure, if such treatment is deemed lifesaving, or
 1309  if the situation threatens serious bodily harm to the patient,
 1310  and permission of the patient or the patient’s guardian or
 1311  guardian advocate cannot be obtained.
 1312         (5)(4) QUALITY OF TREATMENT.—
 1313         (a) Each individual patient shall receive services,
 1314  including, for a patient placed under s. 394.4655 shall receive,
 1315  those services that are included in the court order which are
 1316  suited to his or her needs, and which shall be administered
 1317  skillfully, safely, and humanely with full respect for the
 1318  individual’s patient’s dignity and personal integrity. Each
 1319  individual patient shall receive such medical, vocational,
 1320  social, educational, substance abuse, and rehabilitative
 1321  services as his or her condition requires in order to live
 1322  successfully in the community. In order to achieve this goal,
 1323  the department shall is directed to coordinate its mental health
 1324  and substance abuse programs with all other programs of the
 1325  department and other state agencies.
 1326         (b) Facilities shall develop and maintain, in a form that
 1327  is accessible to and readily understandable by individuals held
 1328  for examination or admitted for mental health or substance abuse
 1329  treatment patients and consistent with rules adopted by the
 1330  department, the following:
 1331         1. Criteria, procedures, and required staff training for
 1332  the any use of close or elevated levels of supervision, of
 1333  restraint, seclusion, or isolation, or of emergency treatment
 1334  orders, and for the use of bodily control and physical
 1335  management techniques.
 1336         2. Procedures for documenting, monitoring, and requiring
 1337  clinical review of all uses of the procedures described in
 1338  subparagraph 1. and for documenting and requiring review of any
 1339  incidents resulting in injury to individuals receiving services
 1340  patients.
 1341         3. A system for investigating, tracking, managing, and
 1342  responding to complaints by individuals persons receiving
 1343  services or persons individuals acting on their behalf.
 1344         (c) Facilities shall have written procedures for reporting
 1345  events that place individuals receiving services at risk of
 1346  harm. Such events must be reported to the managing entity in the
 1347  facility’s region and the department as soon as reasonably
 1348  possible after discovery and include, but are not limited to:
 1349         1. The death, regardless of cause or manner, of an
 1350  individual examined or treated at a facility that occurs while
 1351  the individual is at the facility or that occurs within 72 hours
 1352  after release, if the death is known to the facility
 1353  administrator.
 1354         2. An injury sustained, or allegedly sustained, at a
 1355  facility, by an individual examined or treated at the facility
 1356  and caused by an accident, self-inflicted injury, assault, act
 1357  of abuse, neglect, or suicide attempt, if the injury requires
 1358  medical treatment by a licensed health care practitioner in an
 1359  acute care medical facility.
 1360         3. The unauthorized departure or absence of an individual
 1361  from a facility in which he or she has been held for involuntary
 1362  examination or involuntary placement.
 1363         4. A disaster or crisis situation such as a tornado,
 1364  hurricane, kidnapping, riot, or hostage situation that
 1365  jeopardizes the health, safety, or welfare of individuals
 1366  examined or treated in a facility.
 1367         5. An allegation of sexual battery upon an individual
 1368  examined or treated in a facility.
 1369         (d)(c) A facility may not use seclusion or restraint for
 1370  punishment, to compensate for inadequate staffing, or for the
 1371  convenience of staff. Facilities shall ensure that all staff are
 1372  made aware of these restrictions on the use of seclusion and
 1373  restraint and shall make and maintain records that which
 1374  demonstrate that this information has been conveyed to each
 1375  individual staff member members.
 1376         (6)(5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
 1377         (a) Each individual person receiving services in a facility
 1378  providing mental health services under this part has the right
 1379  to communicate freely and privately with persons outside the
 1380  facility unless it is determined that such communication is
 1381  likely to be harmful to the individual person or others. Each
 1382  facility shall make available as soon as reasonably possible to
 1383  persons receiving services a telephone that allows for free
 1384  local calls and access to a long-distance service to the
 1385  individual as soon as reasonably possible. A facility is not
 1386  required to pay the costs of the individual’s a patient’s long
 1387  distance calls. The telephone must shall be readily accessible
 1388  to the patient and shall be placed so that the individual
 1389  patient may use it to communicate privately and confidentially.
 1390  The facility may establish reasonable rules for the use of the
 1391  this telephone which, provided that the rules do not interfere
 1392  with an individual’s a patient’s access to a telephone to report
 1393  abuse pursuant to paragraph (e).
 1394         (b) Each individual patient admitted to a facility under
 1395  the provisions of this part shall be allowed to receive, send,
 1396  and mail sealed, unopened correspondence; and the individual’s
 1397  no patient’s incoming or outgoing correspondence may not shall
 1398  be opened, delayed, held, or censored by the facility unless
 1399  there is reason to believe that it contains items or substances
 1400  that which may be harmful to the individual patient or others,
 1401  in which case the administrator may direct reasonable
 1402  examination of such mail and may regulate the disposition of
 1403  such items or substances.
 1404         (c) Each facility shall allow must permit immediate access
 1405  to an individual any patient, subject to the patient’s right to
 1406  deny or withdraw consent at any time, by the individual, or by
 1407  the individual’s patient’s family members, guardian, guardian
 1408  advocate, health care surrogate or proxy, representative,
 1409  Florida statewide or local advocacy council, or attorneys
 1410  attorney, unless such access would be detrimental to the
 1411  individual patient. If the a patient’s right to communicate or
 1412  to receive visitors is restricted by the facility, written
 1413  notice of such restriction and the reasons for the restriction
 1414  shall be served on the individual and patient, the individual’s
 1415  patient’s attorney, and the patient’s guardian, guardian
 1416  advocate, health care surrogate or proxy, or representative; and
 1417  such restriction, and the reasons for the restriction, must
 1418  shall be recorded in on the patient’s clinical record with the
 1419  reasons therefor. The restriction must of a patient’s right to
 1420  communicate or to receive visitors shall be reviewed at least
 1421  every 7 days. The right to communicate or receive visitors may
 1422  shall not be restricted as a means of punishment. This Nothing
 1423  in this paragraph may not shall be construed to limit the
 1424  provisions of paragraph (d).
 1425         (d) Each facility shall establish reasonable rules, which
 1426  must be the least restrictive possible, governing visitors,
 1427  visiting hours, and the use of telephones by individuals
 1428  patients in the least restrictive possible manner. An individual
 1429  has Patients shall have the right to contact and to receive
 1430  communication from his or her attorney their attorneys at any
 1431  reasonable time.
 1432         (e) Each individual patient receiving mental health or
 1433  substance abuse treatment in any facility shall have ready
 1434  access to a telephone in order to report an alleged abuse. The
 1435  facility staff shall orally and in writing inform each
 1436  individual patient of the procedure for reporting abuse and
 1437  shall make every reasonable effort to present the information in
 1438  a language the individual patient understands. A written copy of
 1439  that procedure, including the telephone number of the central
 1440  abuse hotline and reporting forms, must shall be posted in plain
 1441  view.
 1442         (f) The department shall adopt rules providing a procedure
 1443  for reporting abuse. Facility staff shall be required, As a
 1444  condition of employment, facility staff shall to become familiar
 1445  with the requirements and procedures for the reporting of abuse.
 1446         (7)(6) CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—A
 1447  facility shall respect the rights of an individual with regard A
 1448  patient’s right to the possession of his or her clothing and
 1449  personal effects shall be respected. The facility may take
 1450  temporary custody of such effects if when required for medical
 1451  and safety reasons. The A patient’s clothing and personal
 1452  effects shall be inventoried upon their removal into temporary
 1453  custody. Copies of this inventory shall be given to the
 1454  individual patient and to his or her the patient’s guardian,
 1455  guardian advocate, health care surrogate or proxy, or
 1456  representative and shall be recorded in the patient’s clinical
 1457  record. This inventory may be amended upon the request of the
 1458  individual patient or his or her the patient’s guardian,
 1459  guardian advocate, health care surrogate or proxy, or
 1460  representative. The inventory and any amendments to it must be
 1461  witnessed by two members of the facility staff and by the
 1462  individual patient, if he or she is able. All of the a patient’s
 1463  clothing and personal effects held by the facility shall be
 1464  returned to the individual patient immediately upon his or her
 1465  the discharge or transfer of the patient from the facility,
 1466  unless such return would be detrimental to the individual
 1467  patient. If personal effects are not returned to the patient,
 1468  the reason must be documented in the clinical record along with
 1469  the disposition of the clothing and personal effects, which may
 1470  be given instead to the individual’s patient’s guardian,
 1471  guardian advocate, health care surrogate or proxy, or
 1472  representative. As soon as practicable after an emergency
 1473  transfer of a patient, the individual’s patient’s clothing and
 1474  personal effects shall be transferred to the individual’s
 1475  patient’s new location, together with a copy of the inventory
 1476  and any amendments, unless an alternate plan is approved by the
 1477  individual patient, if he or she is able, and by his or her the
 1478  patient’s guardian, guardian advocate, health care surrogate or
 1479  proxy, or representative.
 1480         (8)(7) VOTING IN PUBLIC ELECTIONS.—A patient who is
 1481  eligible to vote according to the laws of the state has the
 1482  right to vote in the primary and general elections. The
 1483  department shall establish rules to enable patients to obtain
 1484  voter registration forms, applications for absentee ballots, and
 1485  absentee ballots.
 1486         (9)(8) HABEAS CORPUS.—
 1487         (a) At any time, and without notice, an individual a person
 1488  held or admitted for mental health or substance abuse
 1489  examination or placement in a receiving or treatment facility,
 1490  or a relative, friend, guardian, guardian advocate, health care
 1491  surrogate or proxy, representative, or attorney, or the
 1492  department, on behalf of such individual person, may petition
 1493  for a writ of habeas corpus to question the cause and legality
 1494  of such detention and request that the court order a return to
 1495  the writ in accordance with chapter 79. Each individual patient
 1496  held in a facility shall receive a written notice of the right
 1497  to petition for a writ of habeas corpus.
 1498         (b) At any time, and without notice, an individual held or
 1499  admitted for mental health or substance abuse examination or
 1500  placement a person who is a patient in a receiving or treatment
 1501  facility, or a relative, friend, guardian, guardian advocate,
 1502  health care surrogate or proxy, representative, or attorney, or
 1503  the department, on behalf of such individual person, may file a
 1504  petition in the circuit court in the county where the individual
 1505  patient is being held alleging that he or she the patient is
 1506  being unjustly denied a right or privilege granted under this
 1507  part herein or that a procedure authorized under this part
 1508  herein is being abused. Upon the filing of such a petition, the
 1509  court may shall have the authority to conduct a judicial inquiry
 1510  and to issue an any order needed to correct an abuse of the
 1511  provisions of this part.
 1512         (c) The administrator of any receiving or treatment
 1513  facility receiving a petition under this subsection shall file
 1514  the petition with the clerk of the court on the next court
 1515  working day.
 1516         (d) A No fee may not shall be charged for the filing of a
 1517  petition under this subsection.
 1518         (10)(9) VIOLATIONS.—The department shall report to the
 1519  Agency for Health Care Administration any violation of the
 1520  rights or privileges of patients, or of any procedures provided
 1521  under this part, by any facility or professional licensed or
 1522  regulated by the agency. The agency is authorized to impose any
 1523  sanction authorized for violation of this part, based solely on
 1524  the investigation and findings of the department.
 1525         (11)(10) LIABILITY FOR VIOLATIONS.—Any person who violates
 1526  or abuses any rights or privileges of patients provided by this
 1527  part is liable for damages as determined by law. Any person who
 1528  acts in good faith in compliance with the provisions of this
 1529  part is immune from civil or criminal liability for his or her
 1530  actions in connection with the admission, diagnosis, treatment,
 1531  or discharge of a patient to or from a facility. However, this
 1532  section does not relieve any person from liability if such
 1533  person commits negligence.
 1534         (12)(11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE
 1535  PLANNING.—The patient shall have the opportunity to participate
 1536  in treatment and discharge planning and shall be notified in
 1537  writing of his or her right, upon discharge from the facility,
 1538  to seek treatment from the professional or agency of the
 1539  patient’s choice.
 1540         (13) ADVANCE DIRECTIVES.—All service providers under this
 1541  part shall provide information concerning advance directives to
 1542  individuals and assist those who are competent and willing to
 1543  complete an advance directive. The directive may include
 1544  instructions regarding mental health or substance abuse care.
 1545  Service providers under this part shall honor the advance
 1546  directive of individuals they serve, or shall request the
 1547  transfer of the individual as required under s. 765.1105.
 1548         (14)(12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.—Each
 1549  facility shall post a notice listing and describing, in the
 1550  language and terminology that the persons to whom the notice is
 1551  addressed can understand, the rights provided in this section.
 1552  This notice shall include a statement that provisions of the
 1553  federal Americans with Disabilities Act apply and the name and
 1554  telephone number of a person to contact for further information.
 1555  This notice shall be posted in a place readily accessible to
 1556  patients and in a format easily seen by patients. This notice
 1557  shall include the telephone numbers of the Florida local
 1558  advocacy council and Advocacy Center for Persons with
 1559  Disabilities, Inc.
 1560         Section 11. Section 394.4597, Florida Statutes, is amended
 1561  to read:
 1562         394.4597 Persons to be notified; appointment of a patient’s
 1563  representative.—
 1564         (1) VOLUNTARY ADMISSION PATIENTS.—At the time an individual
 1565  a patient is voluntarily admitted to a receiving or treatment
 1566  facility, the individual shall be asked to identify a person to
 1567  be notified in case of an emergency, and the identity and
 1568  contact information of that a person to be notified in case of
 1569  an emergency shall be entered in the individual’s patient’s
 1570  clinical record.
 1571         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1572         (a) At the time an individual a patient is admitted to a
 1573  facility for involuntary examination or placement, or when a
 1574  petition for involuntary placement is filed, the names,
 1575  addresses, and telephone numbers of the individual’s patient’s
 1576  guardian or guardian advocate, health care surrogate, or proxy,
 1577  or representative if he or she the patient has no guardian, and
 1578  the individual’s patient’s attorney shall be entered in the
 1579  patient’s clinical record.
 1580         (b) If the individual patient has no guardian, guardian
 1581  advocate, health care surrogate, or proxy, he or she the patient
 1582  shall be asked to designate a representative. If the individual
 1583  patient is unable or unwilling to designate a representative,
 1584  the facility shall select a representative.
 1585         (c) The individual patient shall be consulted with regard
 1586  to the selection of a representative by the receiving or
 1587  treatment facility and may shall have authority to request that
 1588  the any such representative be replaced.
 1589         (d) If When the receiving or treatment facility selects a
 1590  representative, first preference shall be given to a health care
 1591  surrogate, if one has been previously selected by the patient.
 1592  If the individual patient has not previously selected a health
 1593  care surrogate, the selection, except for good cause documented
 1594  in the individual’s patient’s clinical record, shall be made
 1595  from the following list in the order of listing:
 1596         1. The individual’s patient’s spouse.
 1597         2. An adult child of the individual patient.
 1598         3. A parent of the individual patient.
 1599         4. The adult next of kin of the individual patient.
 1600         5. An adult friend of the individual patient.
 1601         6. The appropriate Florida local advocacy council as
 1602  provided in s. 402.166.
 1603         (e) The following persons are prohibited from selection as
 1604  an individual’s representative:
 1605         1. A professional providing clinical services to the
 1606  individual under this part;
 1607         2. The licensed professional who initiated the involuntary
 1608  examination of the individual, if the examination was initiated
 1609  by professional certificate;
 1610         3. An employee, administrator, or board member of the
 1611  facility providing the examination of the individual;
 1612         4. An employee, administrator, or board member of a
 1613  treatment facility providing treatment of the individual;
 1614         5. A person providing any substantial professional services
 1615  to the individual, including clinical and nonclinical services;
 1616         6. A creditor of the individual;
 1617         7. A person subject to an injunction for protection against
 1618  domestic violence under s. 741.30, whether the order of
 1619  injunction is temporary or final, and for which the individual
 1620  was the petitioner; and
 1621         8. A person subject to an injunction for protection against
 1622  repeat violence, sexual violence, or dating violence under s.
 1623  784.046, whether the order of injunction is temporary or final,
 1624  and for which the individual was the petitioner.
 1625         (e) A licensed professional providing services to the
 1626  patient under this part, an employee of a facility providing
 1627  direct services to the patient under this part, a department
 1628  employee, a person providing other substantial services to the
 1629  patient in a professional or business capacity, or a creditor of
 1630  the patient shall not be appointed as the patient’s
 1631  representative.
 1632         (f) The representative selected by the individual or
 1633  designated by the facility has the right to:
 1634         1. Receive notice of the individual’s admission;
 1635         2. Receive notice of proceedings affecting the individual;
 1636         3. Have immediate access to the individual unless such
 1637  access is documented to be detrimental to the individual;
 1638         4. Receive notice of any restriction of the individual’s
 1639  right to communicate or receive visitors;
 1640         5. Receive a copy of the inventory of personal effects upon
 1641  the individual’s admission and to request an amendment to the
 1642  inventory at any time;
 1643         6. Receive disposition of the individual’s clothing and
 1644  personal effects if not returned to the individual, or to
 1645  approve an alternate plan;
 1646         7. Petition on behalf of the individual for a writ of
 1647  habeas corpus to question the cause and legality of the
 1648  individual’s detention or to allege that the individual is being
 1649  unjustly denied a right or privilege granted under this part, or
 1650  that a procedure authorized under this part is being abused;
 1651         8. Apply for a change of venue for the individual’s
 1652  involuntary placement hearing for the convenience of the parties
 1653  or witnesses or because of the individual’s condition;
 1654         9. Receive written notice of any restriction of the
 1655  individual’s right to inspect his or her clinical record;
 1656         10. Receive notice of the release of the individual from a
 1657  receiving facility where an involuntary examination was
 1658  performed;
 1659         11. Receive a copy of any petition for the individual’s
 1660  involuntary placement filed with the court; and
 1661         12. Be informed by the court of the individual’s right to
 1662  an independent expert evaluation pursuant to involuntary
 1663  placement procedures.
 1664         Section 12. Effective July 1, 2016, section 394.4598,
 1665  Florida Statutes, is amended to read:
 1666         394.4598 Guardian advocate.—
 1667         (1) The administrator may petition the court for the
 1668  appointment of a guardian advocate based upon the opinion of a
 1669  psychiatrist that an individual held for examination or admitted
 1670  for mental health or substance abuse treatment the patient is
 1671  incompetent to consent to treatment. If the court finds that the
 1672  individual a patient is incompetent to consent to treatment and
 1673  has not been adjudicated incapacitated and a guardian having
 1674  with the authority to consent to mental health or substance
 1675  abuse treatment has not been appointed, it shall appoint a
 1676  guardian advocate. The individual patient has the right to have
 1677  an attorney represent him or her at the hearing. If the
 1678  individual person is indigent, the court shall appoint the
 1679  office of the public defender to represent him or her at the
 1680  hearing. The individual patient has the right to testify, cross
 1681  examine witnesses, and present witnesses. The proceeding must
 1682  shall be recorded either electronically or stenographically, and
 1683  testimony shall be provided under oath. One of the professionals
 1684  authorized to give an opinion in support of a petition for
 1685  involuntary placement, as described in s. 394.4655 or s.
 1686  394.467, shall must testify. The A guardian advocate shall must
 1687  meet the qualifications of a guardian pursuant to contained in
 1688  part IV of chapter 744, except that a professional referred to
 1689  in this part, an employee of the facility providing direct
 1690  services to the patient under this part, a departmental
 1691  employee, a facility administrator, or member of the Florida
 1692  local advocacy council shall not be appointed. A person who is
 1693  appointed as a guardian advocate must agree to the appointment.
 1694  A person may not be appointed as a guardian advocate unless he
 1695  or she agrees to the appointment.
 1696         (2) The following persons are prohibited from being
 1697  appointed as an individual’s guardian advocate:
 1698         (a) A professional providing clinical services to the
 1699  individual under this part;
 1700         (b) The licensed professional who initiated the involuntary
 1701  examination of the individual, if the examination was initiated
 1702  by professional certificate;
 1703         (c) An employee, administrator, or board member of the
 1704  facility providing the examination of the individual;
 1705         (d) An employee, administrator, or board member of a
 1706  treatment facility providing treatment of the individual;
 1707         (e) A person providing any substantial professional
 1708  services to the individual, including clinical and nonclinical
 1709  services;
 1710         (f) A creditor of the individual;
 1711         (g) A person subject to an injunction for protection
 1712  against domestic violence under s. 741.30, whether the order of
 1713  injunction is temporary or final, and for which the individual
 1714  was the petitioner; and
 1715         (h) A person subject to an injunction for protection
 1716  against repeat violence, sexual violence, or dating violence
 1717  under s. 784.046, whether the order of injunction is temporary
 1718  or final, and for which the individual was the petitioner.
 1719         (3)(2) A facility requesting appointment of a guardian
 1720  advocate must, prior to the appointment, provide the prospective
 1721  guardian advocate with information about the duties and
 1722  responsibilities of guardian advocates, including the
 1723  information about the ethics of medical decisionmaking. Before
 1724  asking a guardian advocate to give consent to treatment for an
 1725  individual held for examination or admitted for mental health or
 1726  substance abuse treatment a patient, the facility shall provide
 1727  to the guardian advocate sufficient information to allow so that
 1728  the guardian advocate to can decide whether to give express and
 1729  informed consent to the treatment, including information that
 1730  the treatment is essential to the care of the individual
 1731  patient, and that the treatment does not present an unreasonable
 1732  risk of serious, hazardous, or irreversible side effects. Before
 1733  giving consent to treatment, the guardian advocate must meet and
 1734  talk with the individual patient and the individual’s patient’s
 1735  physician face to face in person, if at all possible, and by
 1736  telephone, if not. The guardian advocate shall make every effort
 1737  to make decisions regarding treatment that he or she believes
 1738  the individual would have made under the circumstances if the
 1739  individual were capable of making such a decision. The decision
 1740  of the guardian advocate may be reviewed by the court, upon
 1741  petition of the individual’s patient’s attorney, the
 1742  individual’s patient’s family, or the facility administrator.
 1743         (4)(3)Prior to A guardian advocate must attend at least a
 1744  4-hour training course approved by the court before exercising
 1745  his or her authority, the guardian advocate shall attend a
 1746  training course approved by the court. This training course, of
 1747  not less than 4 hours, must include, at minimum, information
 1748  about an the individual’s patient rights, psychotropic
 1749  medications, diagnosis of mental illness or substance abuse
 1750  impairment, the ethics of medical decisionmaking, and the duties
 1751  of guardian advocates. This training course shall take the place
 1752  of the training required for guardians appointed pursuant to
 1753  chapter 744.
 1754         (5)(4) The information to be supplied to prospective
 1755  guardian advocates before prior to their appointment and the
 1756  training course for guardian advocates must be developed and
 1757  completed through a course developed by the department and
 1758  approved by the chief judge of the circuit court and taught by a
 1759  court-approved organization. Court-approved organizations may
 1760  include, but need are not be limited to, community or junior
 1761  colleges, guardianship organizations, and the local bar
 1762  association or The Florida Bar. The court may, in its
 1763  discretion, waive some or all of the training requirements for
 1764  guardian advocates or impose additional requirements. The court
 1765  shall make its decision on a case-by-case basis and, in making
 1766  its decision, shall consider the experience and education of the
 1767  guardian advocate, the duties assigned to the guardian advocate,
 1768  and the needs of the individual subject to involuntary placement
 1769  patient.
 1770         (6)(5) In selecting a guardian advocate, the court shall
 1771  give preference to a health care surrogate, if one has already
 1772  been designated by the individual held for examination or
 1773  admitted for mental health or substance abuse treatment patient.
 1774  If the individual patient has not previously selected a health
 1775  care surrogate, except for good cause documented in the court
 1776  record, the selection shall be made from the following list in
 1777  the order of listing:
 1778         (a) The individual’s patient’s spouse.
 1779         (b) An adult child of the individual patient.
 1780         (c) A parent of the individual patient.
 1781         (d) The adult next of kin of the individual patient.
 1782         (e) An adult friend of the individual patient.
 1783         (f) An adult trained and willing to serve as guardian
 1784  advocate for the individual patient.
 1785         (7)(6) If a guardian with the authority to consent to
 1786  medical treatment has not already been appointed or if the
 1787  individual held for examination or admitted for mental health or
 1788  substance abuse treatment patient has not already designated a
 1789  health care surrogate, the court may authorize the guardian
 1790  advocate to consent to medical treatment, as well as mental
 1791  health and substance abuse treatment. Unless otherwise limited
 1792  by the court, a guardian advocate with authority to consent to
 1793  medical treatment shall have the same authority to make health
 1794  care decisions and be subject to the same restrictions as a
 1795  proxy appointed under part IV of chapter 765. Unless the
 1796  guardian advocate has sought and received express court approval
 1797  in proceeding separate from the proceeding to determine the
 1798  competence of the patient to consent to medical treatment, the
 1799  guardian advocate may not consent to:
 1800         (a) Abortion.
 1801         (b) Sterilization.
 1802         (c) Electroconvulsive treatment.
 1803         (d) Psychosurgery.
 1804         (e) Experimental treatments that have not been approved by
 1805  a federally approved institutional review board in accordance
 1806  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 1807  
 1808  In making a medical treatment decision under this subsection,
 1809  the court shall must base its decision on evidence that the
 1810  treatment or procedure is essential to the care of the
 1811  individual patient and that the treatment does not present an
 1812  unreasonable risk of serious, hazardous, or irreversible side
 1813  effects. The court shall follow the procedures set forth in
 1814  subsection (1) of this section.
 1815         (8)(7) The guardian advocate shall be discharged when the
 1816  individual for whom he or she is appointed patient is discharged
 1817  from an order for involuntary outpatient placement or
 1818  involuntary inpatient placement or when the individual patient
 1819  is transferred from involuntary to voluntary status. The court
 1820  or a hearing officer shall consider the competence of the
 1821  individual patient pursuant to subsection (1) and may consider
 1822  an involuntarily placed individual’s patient’s competence to
 1823  consent to treatment at any hearing. Upon sufficient evidence,
 1824  the court may restore, or the magistrate or administrative law
 1825  judge hearing officer may recommend that the court restore, the
 1826  individual’s patient’s competence. A copy of the order restoring
 1827  competence or the certificate of discharge containing the
 1828  restoration of competence shall be provided to the individual
 1829  patient and the guardian advocate.
 1830         Section 13. Section 394.4599, Florida Statutes, is amended
 1831  to read:
 1832         394.4599 Notice.—
 1833         (1) VOLUNTARY ADMISSION PATIENTS.—Notice of an individual’s
 1834  a voluntary patient’s admission shall only be given only at the
 1835  request of the individual patient, except that, in an emergency,
 1836  notice shall be given as determined by the facility.
 1837         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1838         (a) Whenever notice is required to be given under this
 1839  part, such notice shall be given to the individual patient and
 1840  the individual’s patient’s guardian, guardian advocate, health
 1841  care surrogate or proxy, attorney, and representative.
 1842         1. When notice is required to be given to an individual a
 1843  patient, it shall be given both orally and in writing, in the
 1844  language and terminology that the individual patient can
 1845  understand, and, if needed, the facility shall provide an
 1846  interpreter for the individual patient.
 1847         2. Notice to an individual’s a patient’s guardian, guardian
 1848  advocate, health care surrogate or proxy, attorney, and
 1849  representative shall be given by United States mail and by
 1850  registered or certified mail with the date, time, and method of
 1851  notice delivery documented in receipts attached to the patient’s
 1852  clinical record. Hand delivery by a facility employee may be
 1853  used as an alternative, with the date and time of delivery
 1854  documented in the clinical record. If notice is given by a state
 1855  attorney or an attorney for the department, a certificate of
 1856  service is shall be sufficient to document service.
 1857         (b) A receiving facility shall give prompt notice of the
 1858  whereabouts of an individual a patient who is being
 1859  involuntarily held for examination to the individual’s guardian,
 1860  guardian advocate, health care surrogate or proxy, attorney or
 1861  representative, by telephone or in person within 24 hours after
 1862  the individual’s patient’s arrival at the facility, unless the
 1863  patient requests that no notification be made. Contact attempts
 1864  shall be documented in the individual’s patient’s clinical
 1865  record and shall begin as soon as reasonably possible after the
 1866  individual’s patient’s arrival. Notice that a patient is being
 1867  admitted as an involuntary patient shall be given to the Florida
 1868  local advocacy council no later than the next working day after
 1869  the patient is admitted.
 1870         (c)1. A receiving facility shall give notice of the
 1871  whereabouts of a minor who is being involuntarily held for
 1872  examination pursuant to s. 394.463 to the minor’s parent,
 1873  guardian, caregiver, or guardian advocate, in person or by
 1874  telephone or other form of electronic communication, immediately
 1875  after the minor’s arrival at the facility. The facility may not
 1876  delay notification for no more than 24 hours after the minor’s
 1877  arrival if the facility has submitted a report to the central
 1878  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 1879  suspicion of abuse, abandonment, or neglect and if the facility
 1880  deems a delay in notification to be in the minor’s best
 1881  interest.
 1882         2. The receiving facility shall attempt to notify the
 1883  minor’s parent, guardian, caregiver, or guardian advocate until
 1884  the receiving facility receives confirmation from the parent,
 1885  guardian, caregiver, or guardian advocate, verbally, by
 1886  telephone or other form of electronic communication, or by
 1887  recorded message, that notification has been received. Attempts
 1888  to notify the parent, guardian, caregiver, or guardian advocate
 1889  must be repeated at least once each hour during the first 12
 1890  hours after the minor’s arrival and once every 24 hours
 1891  thereafter and must continue until such confirmation is
 1892  received, unless the minor is released at the end of the 72-hour
 1893  examination period, or until a petition for involuntary
 1894  placement is filed with the court pursuant to s. 394.463(2)(i).
 1895  The receiving facility may seek assistance from a law
 1896  enforcement agency to notify the minor’s parent, guardian,
 1897  caregiver, or guardian advocate if the facility has not
 1898  received, within the first 24 hours after the minor’s arrival, a
 1899  confirmation by the parent, guardian, caregiver, or guardian
 1900  advocate that notification has been received. The receiving
 1901  facility must document notification attempts in the minor’s
 1902  clinical record.
 1903         (d)(c) The written notice of the filing of the petition for
 1904  involuntary placement of an individual being held must contain
 1905  the following:
 1906         1. Notice that the petition has been filed with the circuit
 1907  court in the county in which the individual patient is
 1908  hospitalized and the address of such court.
 1909         2. Notice that the office of the public defender has been
 1910  appointed to represent the individual patient in the proceeding,
 1911  if the individual patient is not otherwise represented by
 1912  counsel.
 1913         3. The date, time, and place of the hearing and the name of
 1914  each examining expert and every other person expected to testify
 1915  in support of continued detention.
 1916         4. Notice that the individual patient, the individual’s
 1917  patient’s guardian, guardian advocate, health care surrogate or
 1918  proxy, or representative, or the administrator may apply for a
 1919  change of venue for the convenience of the parties or witnesses
 1920  or because of the condition of the individual patient.
 1921         5. Notice that the individual patient is entitled to an
 1922  independent expert examination and, if the individual patient
 1923  cannot afford such an examination, that the court will provide
 1924  for one.
 1925         (e)(d) A treatment facility shall provide notice of an
 1926  individual’s a patient’s involuntary admission on the next
 1927  regular working day after the individual’s patient’s arrival at
 1928  the facility.
 1929         (f)(e) When an individual a patient is to be transferred
 1930  from one facility to another, notice shall be given by the
 1931  facility where the individual patient is located before prior to
 1932  the transfer.
 1933         Section 14. Effective July 1, 2016, subsections (1), (2),
 1934  (3), and (10) of section 394.4615, Florida Statutes, are amended
 1935  to read:
 1936         394.4615 Clinical records; confidentiality.—
 1937         (1) A clinical record shall be maintained for each
 1938  individual held for examination or admitted for treatment under
 1939  this part patient. The record shall include data pertaining to
 1940  admission and such other information as may be required under
 1941  rules of the department. A clinical record is confidential and
 1942  exempt from the provisions of s. 119.07(1). Unless waived by
 1943  express and informed consent of the individual, by the patient
 1944  or his or her the patient’s guardian, or guardian advocate,
 1945  health care surrogate or proxy, or, if the individual patient is
 1946  deceased, by his or her guardian, guardian advocate, health care
 1947  surrogate or proxy, by his or her the patient’s personal
 1948  representative or the family member who stands next in line of
 1949  intestate succession, the confidential status of the clinical
 1950  record shall not be lost by either authorized or unauthorized
 1951  disclosure to any person, organization, or agency.
 1952         (2) The clinical record of an individual held for
 1953  examination or admitted for treatment under this part shall be
 1954  released if when:
 1955         (a) The individual patient or the individual’s patient’s
 1956  guardian, guardian advocate, health care surrogate or proxy, or
 1957  representative authorizes the release. The guardian, or guardian
 1958  advocate, health care surrogate or proxy shall be provided
 1959  access to the appropriate clinical records of the patient. The
 1960  individual patient or the patient’s guardian, or guardian
 1961  advocate, health care surrogate or proxy may authorize the
 1962  release of information and clinical records to appropriate
 1963  persons to ensure the continuity of the individual’s patient’s
 1964  health care or mental health or substance abuse care.
 1965         (b) The individual patient is represented by counsel and
 1966  the records are needed by the individual’s patient’s counsel for
 1967  adequate representation.
 1968         (c) A petition for involuntary inpatient placement is filed
 1969  and the records are needed by the state attorney to evaluate the
 1970  allegations set forth in the petition or to prosecute the
 1971  petition. However, the state attorney may not use clinical
 1972  records obtained under this part for the purpose of criminal
 1973  investigation or prosecution, or for any other purpose not
 1974  authorized by this part.
 1975         (d)(c) The court orders such release. In determining
 1976  whether there is good cause for disclosure, the court shall
 1977  weigh the need for the information to be disclosed against the
 1978  possible harm of disclosure to the individual person to whom
 1979  such information pertains.
 1980         (e)(d) The individual patient is committed to, or is to be
 1981  returned to, the Department of Corrections from the Department
 1982  of Children and Families, and the Department of Corrections
 1983  requests such records. These records shall be furnished without
 1984  charge to the Department of Corrections.
 1985         (3) Information from the clinical record may be released in
 1986  the following circumstances:
 1987         (a) When a patient has declared an intention to harm other
 1988  persons. When such declaration has been made, the administrator
 1989  may authorize the release of sufficient information to provide
 1990  adequate warning to law enforcement agencies and to the person
 1991  threatened with harm by the patient.
 1992         (b) When the administrator of the facility or secretary of
 1993  the department deems release to a qualified researcher as
 1994  defined in administrative rule, an aftercare treatment provider,
 1995  or an employee or agent of the department is necessary for
 1996  treatment of the patient, maintenance of adequate records,
 1997  compilation of treatment data, aftercare planning, or evaluation
 1998  of programs.
 1999  
 2000  For the purpose of determining whether a person meets the
 2001  criteria for involuntary outpatient placement or for preparing
 2002  the proposed treatment plan pursuant to s. 394.4655, the
 2003  clinical record may be released to the state attorney, the
 2004  public defender or the patient’s private legal counsel, the
 2005  court, and to the appropriate mental health professionals,
 2006  including the service provider identified in s. 394.4655(7)(b)
 2007  s. 394.4655(6)(b)2., in accordance with state and federal law.
 2008         (10) An individual held for examination or admitted for
 2009  treatment Patients shall have reasonable access to his or her
 2010  their clinical records, unless such access is determined by the
 2011  individual’s patient’s physician to be harmful to the individual
 2012  patient. If the individual’s patient’s right to inspect his or
 2013  her clinical record is restricted by the facility, written
 2014  notice of such restriction shall be given to the individual
 2015  patient and the individual’s patient’s guardian, guardian
 2016  advocate, health care surrogate or proxy, or attorney, and
 2017  representative. In addition, the restriction shall be recorded
 2018  in the clinical record, together with the reasons for it. The
 2019  restriction of an individual’s a patient’s right to inspect his
 2020  or her clinical record shall expire after 7 days but may be
 2021  renewed, after review, for subsequent 7-day periods.
 2022         Section 15. Effective July 1, 2016, subsection (1) of
 2023  section 394.462, Florida Statutes, is amended to read:
 2024         394.462 Transportation.—
 2025         (1) TRANSPORTATION TO A RECEIVING OR DETOXIFICATION
 2026  FACILITY.—
 2027         (a) Each county shall designate a single law enforcement
 2028  agency within the county, or portions thereof, to take an
 2029  individual a person into custody upon the entry of an ex parte
 2030  order or the execution of a certificate for involuntary
 2031  examination by an authorized professional and to transport that
 2032  individual person to the nearest receiving facility for
 2033  examination. The designated law enforcement agency may decline
 2034  to transport the individual person to a receiving or
 2035  detoxification facility only if:
 2036         1. The county or jurisdiction designated by the county has
 2037  contracted on an annual basis with an emergency medical
 2038  transport service or private transport company for
 2039  transportation of individuals persons to receiving facilities
 2040  pursuant to this section at the sole cost of the county; and
 2041         2. The law enforcement agency and the emergency medical
 2042  transport service or private transport company agree that the
 2043  continued presence of law enforcement personnel is not necessary
 2044  for the safety of the individuals being transported person or
 2045  others.
 2046         3. The jurisdiction designated by the county may seek
 2047  reimbursement for transportation expenses. The party responsible
 2048  for payment for such transportation is the person receiving the
 2049  transportation. The county shall seek reimbursement from the
 2050  following sources in the following order:
 2051         a. From an insurance company, health care corporation, or
 2052  other source, if the individual being transported person
 2053  receiving the transportation is covered by an insurance policy
 2054  or subscribes to a health care corporation or other source for
 2055  payment of such expenses.
 2056         b. From the individual being transported person receiving
 2057  the transportation.
 2058         c. From a financial settlement for medical care, treatment,
 2059  hospitalization, or transportation payable or accruing to the
 2060  injured party.
 2061         (b) Any company that transports a patient pursuant to this
 2062  subsection is considered an independent contractor and is solely
 2063  liable for the safe and dignified transportation of the patient.
 2064  Such company must be insured and provide no less than $100,000
 2065  in liability insurance with respect to the transportation of
 2066  patients.
 2067         (c) Any company that contracts with a governing board of a
 2068  county to transport patients shall comply with the applicable
 2069  rules of the department to ensure the safety and dignity of the
 2070  patients.
 2071         (d) When a law enforcement officer takes custody of a
 2072  person pursuant to this part, the officer may request assistance
 2073  from emergency medical personnel if such assistance is needed
 2074  for the safety of the officer or the person in custody.
 2075         (e) When a member of a mental health overlay program or a
 2076  mobile crisis response service is a professional authorized to
 2077  initiate an involuntary examination pursuant to s. 394.463 and
 2078  that professional evaluates a person and determines that
 2079  transportation to a receiving facility is needed, the service,
 2080  at its discretion, may transport the person to the facility or
 2081  may call on the law enforcement agency or other transportation
 2082  arrangement best suited to the needs of the patient.
 2083         (f) When a any law enforcement officer has custody of a
 2084  person, based on either noncriminal or minor criminal behavior,
 2085  a misdemeanor, or a felony other than a forcible felony as
 2086  defined in s. 776.08, who that meets the statutory guidelines
 2087  for involuntary examination under this part, the law enforcement
 2088  officer shall transport the individual person to the nearest
 2089  receiving facility for examination.
 2090         (g) When any law enforcement officer has arrested a person
 2091  for a forcible felony as defined in s. 776.08 and it appears
 2092  that the person meets the criteria statutory guidelines for
 2093  involuntary examination or placement under this part, such
 2094  person shall first be processed in the same manner as any other
 2095  criminal suspect. The law enforcement agency shall thereafter
 2096  immediately notify the nearest public receiving facility, which
 2097  shall be responsible for promptly arranging for the examination
 2098  and treatment of the person. A receiving facility may is not
 2099  required to admit a person charged with a forcible felony as
 2100  defined in s. 776.08 crime for whom the facility determines and
 2101  documents that it is unable to provide adequate security, but
 2102  shall provide mental health examination and treatment to the
 2103  person at the location where he or she is held.
 2104         (h) If the appropriate law enforcement officer believes
 2105  that a person has an emergency medical condition as defined in
 2106  s. 395.002, the person may be first transported to a hospital
 2107  for emergency medical treatment, regardless of whether the
 2108  hospital is a designated receiving facility.
 2109         (i) The costs of transportation, evaluation,
 2110  hospitalization, and treatment incurred under this subsection by
 2111  persons who have been arrested for violations of any state law
 2112  or county or municipal ordinance may be recovered as provided in
 2113  s. 901.35.
 2114         (j) The nearest receiving facility must accept persons
 2115  brought by law enforcement officers for involuntary examination.
 2116         (k) Each law enforcement agency shall develop a memorandum
 2117  of understanding with each receiving facility within the law
 2118  enforcement agency’s jurisdiction which reflects a single set of
 2119  protocols for the safe and secure transportation of the person
 2120  and transfer of custody of the person. These protocols must also
 2121  address crisis intervention measures.
 2122         (l) When a jurisdiction has entered into a contract with an
 2123  emergency medical transport service or a private transport
 2124  company for transportation of persons to receiving facilities,
 2125  such service or company shall be given preference for
 2126  transportation of persons from nursing homes, assisted living
 2127  facilities, adult day care centers, or adult family-care homes,
 2128  unless the behavior of the person being transported is such that
 2129  transportation by a law enforcement officer is necessary.
 2130         (m) Nothing in this section shall be construed to limit
 2131  emergency examination and treatment of incapacitated persons
 2132  provided in accordance with the provisions of s. 401.445.
 2133         (n) Upon the request of an individual who appears to meet
 2134  criteria for voluntary admission under s. 394.4625(1)(a), a law
 2135  enforcement officer may transport him or her to a mental health
 2136  receiving facility, addictions receiving facility, or
 2137  detoxification facility.
 2138         Section 16. Effective July 1, 2016, subsections (1), (2),
 2139  (4), and (5) of section 394.4625, Florida Statutes, are amended
 2140  to read:
 2141         394.4625 Voluntary admissions.—
 2142         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
 2143  PATIENTS.—
 2144         (a) In order to be voluntarily admitted to a facility A
 2145  facility may receive for observation, diagnosis, or treatment:
 2146  any person 18 years of age or older making application by
 2147  express and informed consent for admission or any person age 17
 2148  or under for whom such application is made by his or her
 2149  guardian. If found to
 2150         1. An individual must show evidence of mental illness or
 2151  substance abuse impairment, to be competent to provide express
 2152  and informed consent, and to be suitable for treatment, such
 2153  person 18 years of age or older may be admitted to the facility.
 2154  A person age 17 or under may be admitted only after a hearing to
 2155  verify the voluntariness of the consent.
 2156         2. An individual must be suitable for treatment by the
 2157  facility.
 2158         3. An adult must provide, and be competent to provide,
 2159  express and informed consent.
 2160         4. A minor’s guardian must provide express and informed
 2161  consent, in conjunction with the consent of the minor. However,
 2162  a minor may be admitted to an addictions receiving facility or
 2163  detoxification facility by his or her own consent without his or
 2164  her guardian’s consent, if a physician documents in the clinical
 2165  record that the minor has a substance abuse impairment. If the
 2166  minor is admitted by his or her own consent and without the
 2167  consent of his or her guardian, the facility must request the
 2168  minor’s permission to notify an adult family member or friend of
 2169  the minor’s voluntary admission into the facility.
 2170         a. The consent of the minor is an affirmative agreement by
 2171  the minor to remain at the facility for examination and
 2172  treatment, and failure to object does not constitute consent.
 2173         b. The minor’s consent must be verified through a clinical
 2174  assessment that is documented in the clinical record and
 2175  conducted within 12 hours after arrival at the facility by a
 2176  licensed professional authorized to initiate an involuntary
 2177  examination pursuant to s. 394.463.
 2178         c. In verifying the minor’s consent, and using language
 2179  that is appropriate to the minor’s age, experience, maturity,
 2180  and condition, the examining professional must provide the minor
 2181  with an explanation as to why the minor will be examined and
 2182  treated, what the minor can expect while in the facility, and
 2183  when the minor may expect to be released. The examining
 2184  professional must determine and document that the minor is able
 2185  to understand the information.
 2186         d. Unless the minor’s consent is verified pursuant to this
 2187  section, a petition for involuntary inpatient placement shall be
 2188  filed with the court within 1 court working day after his or her
 2189  arrival or the minor must be released to his or her guardian.
 2190         (b) A mental health overlay program or a mobile crisis
 2191  response service or a licensed professional who is authorized to
 2192  initiate an involuntary examination pursuant to s. 394.463 and
 2193  is employed by a community mental health center or clinic must,
 2194  pursuant to district procedure approved by the respective
 2195  district administrator, conduct an initial assessment of the
 2196  ability of the following persons to give express and informed
 2197  consent to treatment before such persons may be admitted
 2198  voluntarily:
 2199         1. A person 60 years of age or older for whom transfer is
 2200  being sought from a nursing home, assisted living facility,
 2201  adult day care center, or adult family-care home, when such
 2202  person has been diagnosed as suffering from dementia.
 2203         2. A person 60 years of age or older for whom transfer is
 2204  being sought from a nursing home pursuant to s. 400.0255(12).
 2205         3. A person for whom all decisions concerning medical
 2206  treatment are currently being lawfully made by the health care
 2207  surrogate or proxy designated under chapter 765.
 2208         (c) When an initial assessment of the ability of a person
 2209  to give express and informed consent to treatment is required
 2210  under this section, and a mobile crisis response service does
 2211  not respond to the request for an assessment within 2 hours
 2212  after the request is made or informs the requesting facility
 2213  that it will not be able to respond within 2 hours after the
 2214  request is made, the requesting facility may arrange for
 2215  assessment by any licensed professional authorized to initiate
 2216  an involuntary examination pursuant to s. 394.463 who is not
 2217  employed by or under contract with, and does not have a
 2218  financial interest in, either the facility initiating the
 2219  transfer or the receiving facility to which the transfer may be
 2220  made.
 2221         (d) A facility may not admit as a voluntary patient a
 2222  person who has been adjudicated incapacitated, unless the
 2223  condition of incapacity has been judicially removed. If a
 2224  facility admits as a voluntary patient a person who is later
 2225  determined to have been adjudicated incapacitated, and the
 2226  condition of incapacity had not been removed by the time of the
 2227  admission, the facility must either discharge the patient or
 2228  transfer the patient to involuntary status.
 2229         (e) The health care surrogate or proxy of an individual on
 2230  a voluntary status patient may not consent to the provision of
 2231  mental health treatment or substance abuse treatment for that
 2232  individual the patient. An individual on voluntary status A
 2233  voluntary patient who is unwilling or unable to provide express
 2234  and informed consent to mental health treatment must either be
 2235  discharged or transferred to involuntary status.
 2236         (f) Within 24 hours after admission of a voluntary patient,
 2237  the admitting physician shall document in the patient’s clinical
 2238  record that the patient is able to give express and informed
 2239  consent for admission. If the patient is not able to give
 2240  express and informed consent for admission, the facility shall
 2241  either discharge the patient or transfer the patient to
 2242  involuntary status pursuant to subsection (5).
 2243         (2) RELEASE OR DISCHARGE OF VOLUNTARY PATIENTS.—
 2244         (a) A facility shall discharge a voluntary patient:
 2245         1. Who has sufficiently improved so that retention in the
 2246  facility is no longer desirable. A patient may also be
 2247  discharged to the care of a community facility.
 2248         2. Who revokes consent to admission or requests discharge.
 2249  A voluntary patient or a relative, friend, or attorney of the
 2250  patient may request discharge either orally or in writing at any
 2251  time following admission to the facility. The patient must be
 2252  discharged within 24 hours of the request, unless the request is
 2253  rescinded or the patient is transferred to involuntary status
 2254  pursuant to this section. The 24-hour time period may be
 2255  extended by a treatment facility when necessary for adequate
 2256  discharge planning, but shall not exceed 3 days exclusive of
 2257  weekends and holidays. If the patient, or another on the
 2258  patient’s behalf, makes an oral request for discharge to a staff
 2259  member, such request shall be immediately entered in the
 2260  patient’s clinical record. If the request for discharge is made
 2261  by a person other than the patient, the discharge may be
 2262  conditioned upon the express and informed consent of the
 2263  patient.
 2264         (b) A voluntary patient who has been admitted to a facility
 2265  and who refuses to consent to or revokes consent to treatment
 2266  shall be discharged within 24 hours after such refusal or
 2267  revocation, unless transferred to involuntary status pursuant to
 2268  this section or unless the refusal or revocation is freely and
 2269  voluntarily rescinded by the patient.
 2270         (c) An individual on voluntary status who is currently
 2271  charged with a crime shall be returned to the custody of a law
 2272  enforcement officer upon release or discharge from a facility,
 2273  unless the individual has been released from law enforcement
 2274  custody by posting of a bond, by a pretrial conditional release,
 2275  or by other judicial release.
 2276         (4) TRANSFER TO VOLUNTARY STATUS.—An individual on
 2277  involuntary status patient who has been assessed and certified
 2278  by a physician or psychologist as competent to provide express
 2279  and informed consent and who applies to be transferred to
 2280  voluntary status shall be transferred to voluntary status
 2281  immediately, unless the individual patient has been charged with
 2282  a crime, or has been involuntarily placed for treatment by a
 2283  court pursuant to s. 394.467 and continues to meet the criteria
 2284  for involuntary placement. When transfer to voluntary status
 2285  occurs, notice shall be given as provided in s. 394.4599.
 2286         (5) TRANSFER TO INVOLUNTARY STATUS.—If an individual on
 2287  When a voluntary status patient, or an authorized person on the
 2288  individual’s patient’s behalf, makes a request for discharge,
 2289  the request for discharge, unless freely and voluntarily
 2290  rescinded, must be communicated to a physician, clinical
 2291  psychologist, or psychiatrist as quickly as possible within, but
 2292  not later than 12 hours after the request is made. If the
 2293  individual patient meets the criteria for involuntary placement,
 2294  the individual must be transferred to a designated receiving
 2295  facility and the administrator of the receiving facility where
 2296  the individual is held must file with the court a petition for
 2297  involuntary placement, within 2 court working days after the
 2298  request for discharge is made. If the petition is not filed
 2299  within 2 court working days, the individual must patient shall
 2300  be discharged. Pending the filing of the petition, the
 2301  individual patient may be held and emergency mental health
 2302  treatment rendered in the least restrictive manner, upon the
 2303  written order of a physician, if it is determined that such
 2304  treatment is necessary for the safety of the individual patient
 2305  or others.
 2306         Section 17. Effective July 1, 2016, section 394.463,
 2307  Florida Statutes, is amended to read:
 2308         394.463 Involuntary examination.—
 2309         (1) CRITERIA.—A person may be subject to an taken to a
 2310  receiving facility for involuntary examination if there is
 2311  reason to believe that he or she the person has a mental illness
 2312  or substance abuse impairment and because of this his or her
 2313  mental illness or substance abuse impairment:
 2314         (a)1. The person has refused voluntary examination after
 2315  conscientious explanation and disclosure of the purpose of the
 2316  examination; or
 2317         2. The person is unable to determine for himself or herself
 2318  whether examination is necessary; and
 2319         (b)1. Without care or treatment, the person is likely to
 2320  suffer from neglect or refuse to care for himself or herself;
 2321  such neglect or refusal poses a real and present threat of
 2322  substantial harm to his or her well-being; and it is not
 2323  apparent that such harm may be avoided through the help of
 2324  willing family members or friends or the provision of other
 2325  services; or
 2326         2. There is a substantial likelihood that without care or
 2327  treatment the person will cause serious bodily harm to himself
 2328  or herself or others in the near future, as evidenced by recent
 2329  behavior.
 2330         (2) INVOLUNTARY EXAMINATION.—
 2331         (a) An involuntary examination may be initiated by any one
 2332  of the following means:
 2333         1. A court may enter an ex parte order stating that an
 2334  individual a person appears to meet the criteria for involuntary
 2335  examination, giving the findings on which that conclusion is
 2336  based. The ex parte order for involuntary examination must be
 2337  based on sworn testimony, written or oral, which includes
 2338  specific facts that support the finding that the criteria have
 2339  been met. Any behavior relied on for the issuance of an ex parte
 2340  order must have occurred within the preceding 7 calendar days.
 2341  The order must specify whether the individual must be taken to a
 2342  mental health facility, detoxification facility, or addictions
 2343  receiving facility. If other less restrictive means are not
 2344  available, such as voluntary appearance for outpatient
 2345  evaluation, A law enforcement officer, or other designated agent
 2346  of the court, shall take the individual person into custody and
 2347  deliver him or her to the nearest receiving facility of the type
 2348  specified in the order for involuntary examination. However, if
 2349  the county in which the individual is taken into custody has a
 2350  transportation exception plan specifying a central receiving
 2351  facility, the law enforcement officer shall transport the
 2352  individual to the central receiving facility pursuant to the
 2353  plan. The order of the court order must shall be made a part of
 2354  the patient’s clinical record. A No fee may not shall be charged
 2355  for the filing of an order under this subsection. Any receiving
 2356  facility accepting the individual patient based on the court’s
 2357  this order must send a copy of the order to the Agency for
 2358  Health Care Administration on the next working day. The order is
 2359  shall be valid only until executed or, if not executed, for the
 2360  period specified in the order itself. If no time limit is
 2361  specified in the order, the order is shall be valid for 7 days
 2362  after the date it that the order was signed.
 2363         2. A law enforcement officer shall take a person who
 2364  appears to meet the criteria for involuntary examination into
 2365  custody and deliver the person or have him or her delivered to
 2366  the nearest mental health receiving facility, addictions
 2367  receiving facility, or detoxification facility, whichever the
 2368  officer determines is most appropriate for examination. However,
 2369  if the county in which the individual taken into custody has a
 2370  transportation exception plan specifying a central receiving
 2371  facility, the law enforcement officer shall transport the
 2372  individual to the central receiving facility pursuant to the
 2373  plan. The officer shall complete execute a written report
 2374  detailing the circumstances under which the individual person
 2375  was taken into custody., and The report shall be made a part of
 2376  the patient’s clinical record. Any receiving facility or
 2377  detoxification facility accepting the individual patient based
 2378  on the this report must send a copy of the report to the Agency
 2379  for Health Care Administration on the next working day.
 2380         3. A physician, clinical psychologist, psychiatric nurse,
 2381  mental health counselor, marriage and family therapist, or
 2382  clinical social worker may execute a certificate stating that he
 2383  or she has examined the individual a person within the preceding
 2384  48 hours and finds that the individual person appears to meet
 2385  the criteria for involuntary examination and stating the
 2386  observations upon which that conclusion is based. The
 2387  certificate must specify whether the individual is to be taken
 2388  to a mental health receiving facility, an addictions receiving
 2389  facility, or a detoxification facility, and must include
 2390  specific facts supporting the conclusion that the individual
 2391  would benefit from services provided by the type of facility
 2392  specified. If other less restrictive means are not available,
 2393  such as voluntary appearance for outpatient evaluation, A law
 2394  enforcement officer shall take the individual person named in
 2395  the certificate into custody and deliver him or her to the
 2396  nearest receiving facility of the type specified in the
 2397  certificate for involuntary examination. However, if the county
 2398  in which the individual is taken into custody has a
 2399  transportation exception plan specifying a central receiving
 2400  facility, the law enforcement officer shall transport the
 2401  individual to the central receiving facility pursuant to the
 2402  plan. A law enforcement officer may only take an individual into
 2403  custody on the basis of a certificate within 7 calendar days
 2404  after execution of the certificate. The law enforcement officer
 2405  shall complete execute a written report detailing the
 2406  circumstances under which the individual person was taken into
 2407  custody. The report and certificate shall be made a part of the
 2408  patient’s clinical record. Any receiving facility accepting the
 2409  individual patient based on the this certificate must send a
 2410  copy of the certificate to the Agency for Health Care
 2411  Administration on the next working day.
 2412         (b) An individual may A person shall not be removed from a
 2413  any program or residential placement licensed under chapter 400
 2414  or chapter 429 and transported to a receiving facility for
 2415  involuntary examination unless an ex parte order, a professional
 2416  certificate, or a law enforcement officer’s report is first
 2417  prepared. If the condition of the individual person is such that
 2418  preparation of a law enforcement officer’s report is not
 2419  practicable before removal, the report must shall be completed
 2420  as soon as possible after removal, but in any case before the
 2421  individual person is transported to a receiving facility. A
 2422  receiving facility admitting an individual a person for
 2423  involuntary examination who is not accompanied by the required
 2424  ex parte order, professional certificate, or law enforcement
 2425  officer’s report must shall notify the Agency for Health Care
 2426  Administration of such admission by certified mail by no later
 2427  than the next working day. The provisions of this paragraph do
 2428  not apply when transportation is provided by the patient’s
 2429  family or guardian.
 2430         (c) A law enforcement officer acting in accordance with an
 2431  ex parte order issued pursuant to this subsection may serve and
 2432  execute such order on any day of the week, at any time of the
 2433  day or night.
 2434         (d) A law enforcement officer acting in accordance with an
 2435  ex parte order issued pursuant to this subsection may use such
 2436  reasonable physical force as is necessary to gain entry to the
 2437  premises, and any dwellings, buildings, or other structures
 2438  located on the premises, and to take custody of the person who
 2439  is the subject of the ex parte order.
 2440         (e) Petitions and The Agency for Health Care Administration
 2441  shall receive and maintain the copies of ex parte orders,
 2442  involuntary outpatient placement orders, involuntary outpatient
 2443  placement petitions and orders issued pursuant to s. 394.4655,
 2444  involuntary inpatient placement petitions and orders issued
 2445  pursuant to s. 394.467, professional certificates, and law
 2446  enforcement officers’ reports are. These documents shall be
 2447  considered part of the clinical record, governed by the
 2448  provisions of s. 394.4615. The agency shall prepare annual
 2449  reports analyzing the data obtained from these documents,
 2450  without information identifying individuals held for examination
 2451  or admitted for mental health and substance abuse treatment
 2452  patients, and shall provide copies of reports to the department,
 2453  the President of the Senate, the Speaker of the House of
 2454  Representatives, and the minority leaders of the Senate and the
 2455  House of Representatives.
 2456         (f) An individual held for examination A patient shall be
 2457  examined by a physician, a or clinical psychologist, or a
 2458  psychiatric nurse performing within the framework of an
 2459  established protocol with a psychiatrist at a receiving facility
 2460  without unnecessary delay and may, upon the order of a
 2461  physician, be given emergency mental health or substance abuse
 2462  treatment if it is determined that such treatment is necessary
 2463  for the safety of the individual patient or others. The patient
 2464  may not be released by the receiving facility or its contractor
 2465  without the documented approval of a psychiatrist, a clinical
 2466  psychologist, or, if the receiving facility is a hospital, the
 2467  release may also be approved by an attending emergency
 2468  department physician with experience in the diagnosis and
 2469  treatment of mental and nervous disorders and after completion
 2470  of an involuntary examination pursuant to this subsection.
 2471  However, a patient may not be held in a receiving facility for
 2472  involuntary examination longer than 72 hours.
 2473         (g) An individual may not be held for involuntary
 2474  examination for more than 72 hours from the time of the
 2475  individual’s arrival at the facility, except that this period
 2476  may be extended by 48 hours if a physician documents in the
 2477  clinical record that the individual has ongoing symptoms of
 2478  substance intoxication or substance withdrawal and the
 2479  individual would likely experience significant clinical benefit
 2480  from detoxification services. This determination must be made
 2481  based on a face-to-face examination conducted by the physician
 2482  no less than 48 hours and not more than 72 hours after the
 2483  individual’s arrival at the facility. Based on the individual’s
 2484  needs, one of the following actions must be taken within the
 2485  involuntary examination period:
 2486         1. The individual shall be released with the approval of a
 2487  psychiatrist or clinical psychologist. However, if the
 2488  examination is conducted in a receiving facility that is owned
 2489  or operated by a hospital or health system, an emergency
 2490  department physician or a psychiatric nurse performing within
 2491  the framework of an established protocol with a psychiatrist may
 2492  approve the release. A psychiatric nurse may not approve the
 2493  release of a patient when the involuntary examination has been
 2494  initiated by a psychiatrist, unless the release is approved by
 2495  the initiating psychiatrist.
 2496         2. The individual shall be asked to provide express and
 2497  informed consent for voluntary admission if a physician or
 2498  psychologist has determined that the individual is competent to
 2499  consent to treatment; or
 2500         3. A petition for involuntary placement shall be completed
 2501  and filed in the circuit court by the receiving facility
 2502  administrator if involuntary outpatient or inpatient placement
 2503  is deemed necessary. If the 72-hour period ends on a weekend or
 2504  legal holiday, the petition must be filed by the next working
 2505  day. If inpatient placement is deemed necessary, the least
 2506  restrictive treatment consistent with the optimum improvement of
 2507  the individual’s condition must be made available.
 2508         (h) An individual released from a receiving or treatment
 2509  facility on a voluntary or involuntary basis who is currently
 2510  charged with a crime shall be returned to the custody of law
 2511  enforcement, unless the individual has been released from law
 2512  enforcement custody by posting of a bond, by a pretrial
 2513  conditional release, or by other judicial release.
 2514         (i)If an individual A person for whom an involuntary
 2515  examination has been initiated who is being evaluated or treated
 2516  at a hospital for an emergency medical condition specified in s.
 2517  395.002 the involuntary examination period must be examined by a
 2518  receiving facility within 72 hours. The 72-hour period begins
 2519  when the individual patient arrives at the hospital and ceases
 2520  when a the attending physician documents that the individual
 2521  patient has an emergency medical condition. The 72-hour period
 2522  resumes when the physician documents that the emergency medical
 2523  condition has stabilized or does not exist. If the patient is
 2524  examined at a hospital providing emergency medical services by a
 2525  professional qualified to perform an involuntary examination and
 2526  is found as a result of that examination not to meet the
 2527  criteria for involuntary outpatient placement pursuant to s.
 2528  394.4655(1) or involuntary inpatient placement pursuant to s.
 2529  394.467(1), the patient may be offered voluntary placement, if
 2530  appropriate, or released directly from the hospital providing
 2531  emergency medical services. The finding by the professional that
 2532  the patient has been examined and does not meet the criteria for
 2533  involuntary inpatient placement or involuntary outpatient
 2534  placement must be entered into the patient’s clinical record.
 2535  Nothing in this paragraph is intended to prevent A hospital
 2536  providing emergency medical services may transfer an individual
 2537  from appropriately transferring a patient to another hospital
 2538  before prior to stabilization if, provided the requirements of
 2539  s. 395.1041(3)(c) are have been met. One of the following
 2540  actions must occur within 12 hours after a physician documents
 2541  that the individual’s emergency medical condition has stabilized
 2542  or does not exist:
 2543         (h) One of the following must occur within 12 hours after
 2544  the patient’s attending physician documents that the patient’s
 2545  medical condition has stabilized or that an emergency medical
 2546  condition does not exist:
 2547         1. The individual shall be examined by a physician,
 2548  psychiatric nurse or psychologist and, if found not to meet the
 2549  criteria for involuntary examination pursuant to s. 394.463,
 2550  shall be released directly from the hospital providing the
 2551  emergency medical services. The results of the examination,
 2552  including the final disposition, shall be entered into the
 2553  clinical records; or
 2554         2. The individual shall be transferred to a receiving
 2555  facility for examination if appropriate medical and mental
 2556  health treatment is available. However, the receiving facility
 2557  must be notified of the transfer within 2 hours after the
 2558  individual’s condition has been stabilized or after
 2559  determination that an emergency medical condition does not
 2560  exist. The patient must be examined by a designated receiving
 2561  facility and released; or
 2562         2. The patient must be transferred to a designated
 2563  receiving facility in which appropriate medical treatment is
 2564  available. However, the receiving facility must be notified of
 2565  the transfer within 2 hours after the patient’s condition has
 2566  been stabilized or after determination that an emergency medical
 2567  condition does not exist.
 2568         (i) Within the 72-hour examination period or, if the 72
 2569  hours ends on a weekend or holiday, no later than the next
 2570  working day thereafter, one of the following actions must be
 2571  taken, based on the individual needs of the patient:
 2572         1. The patient shall be released, unless he or she is
 2573  charged with a crime, in which case the patient shall be
 2574  returned to the custody of a law enforcement officer;
 2575         2. The patient shall be released, subject to the provisions
 2576  of subparagraph 1., for voluntary outpatient treatment;
 2577         3. The patient, unless he or she is charged with a crime,
 2578  shall be asked to give express and informed consent to placement
 2579  as a voluntary patient, and, if such consent is given, the
 2580  patient shall be admitted as a voluntary patient; or
 2581         4. A petition for involuntary placement shall be filed in
 2582  the circuit court when outpatient or inpatient treatment is
 2583  deemed necessary. When inpatient treatment is deemed necessary,
 2584  the least restrictive treatment consistent with the optimum
 2585  improvement of the patient’s condition shall be made available.
 2586  When a petition is to be filed for involuntary outpatient
 2587  placement, it shall be filed by one of the petitioners specified
 2588  in s. 394.4655(3)(a). A petition for involuntary inpatient
 2589  placement shall be filed by the facility administrator.
 2590         (3) NOTICE OF RELEASE.—Notice of the release shall be given
 2591  to the individual’s patient’s guardian, health care surrogate or
 2592  proxy, or representative, to any person who executed a
 2593  certificate admitting the individual patient to the receiving
 2594  facility, and to any court that which ordered the individual’s
 2595  examination patient’s evaluation.
 2596         Section 18. Effective July 1, 2016, section 394.4655,
 2597  Florida Statutes, is amended to read:
 2598         394.4655 Involuntary outpatient placement.—
 2599         (1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.—An
 2600  individual A person may be ordered to involuntary outpatient
 2601  placement upon a finding of the court that by clear and
 2602  convincing evidence that:
 2603         (a) The individual is an adult person is 18 years of age or
 2604  older;
 2605         (b) The individual person has a mental illness or substance
 2606  abuse impairment;
 2607         (c) The individual person is unlikely to survive safely in
 2608  the community without supervision, based on a clinical
 2609  determination;
 2610         (d) The individual person has a history of lack of
 2611  compliance with treatment for mental illness or substance abuse
 2612  impairment;
 2613         (e) The individual person has:
 2614         1. Within At least twice within the immediately preceding
 2615  36 months, been involuntarily admitted to a receiving or
 2616  treatment facility as defined in s. 394.455, or has received
 2617  mental health or substance abuse services in a forensic or
 2618  correctional facility. The 36-month period does not include any
 2619  period during which the individual person was admitted or
 2620  incarcerated; or
 2621         2. Engaged in one or more acts of serious violent behavior
 2622  toward self or others, or attempts at serious bodily harm to
 2623  himself or herself or others, within the preceding 36 months;
 2624         (f) Due to The person is, as a result of his or her mental
 2625  illness or substance abuse impairment, the individual is,
 2626  unlikely to voluntarily participate in the recommended treatment
 2627  plan and either he or she has refused voluntary placement for
 2628  treatment after sufficient and conscientious explanation and
 2629  disclosure of the purpose of placement for treatment or he or
 2630  she is unable to determine for himself or herself whether
 2631  placement is necessary;
 2632         (g) In view of the individual’s person’s treatment history
 2633  and current behavior, the individual person is in need of
 2634  involuntary outpatient placement in order to prevent a relapse
 2635  or deterioration that would be likely to result in serious
 2636  bodily harm to self himself or herself or others, or a
 2637  substantial harm to his or her well-being as set forth in s.
 2638  394.463(1);
 2639         (h) It is likely that the individual person will benefit
 2640  from involuntary outpatient placement; and
 2641         (i) All available, less restrictive alternatives that would
 2642  offer an opportunity for improvement of his or her condition
 2643  have been judged to be inappropriate or unavailable.
 2644         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
 2645         (a)1.An individual A patient who is being recommended for
 2646  involuntary outpatient placement by the administrator of the
 2647  receiving facility where he or she the patient has been examined
 2648  may be retained by the facility after adherence to the notice
 2649  procedures provided in s. 394.4599.
 2650         1. The recommendation must be supported by the opinion of a
 2651  psychiatrist and the second opinion of a clinical psychologist
 2652  or another psychiatrist, both of whom have personally examined
 2653  the individual patient within the preceding 72 hours, that the
 2654  criteria for involuntary outpatient placement are met. However,
 2655  in a county having a population of fewer than 50,000, if the
 2656  administrator certifies that a psychiatrist or clinical
 2657  psychologist is not available to provide the second opinion, the
 2658  second opinion may be provided by a licensed physician who has
 2659  postgraduate training and experience in diagnosis and treatment
 2660  of mental and nervous disorders or by a psychiatric nurse. Any
 2661  second opinion authorized in this subparagraph may be conducted
 2662  through a face-to-face examination, in person or by electronic
 2663  means. Such recommendation must be entered on an involuntary
 2664  outpatient placement certificate that authorizes the receiving
 2665  facility to retain the individual patient pending completion of
 2666  a hearing. The certificate shall be made a part of the patient’s
 2667  clinical record.
 2668         2. If the individual patient has been stabilized and no
 2669  longer meets the criteria for involuntary examination pursuant
 2670  to s. 394.463(1), he or she the patient must be released from
 2671  the receiving facility while awaiting the hearing for
 2672  involuntary outpatient placement.
 2673         3. Before filing a petition for involuntary outpatient
 2674  treatment, the administrator of the a receiving facility or a
 2675  designated department representative must identify the service
 2676  provider that will have primary responsibility for service
 2677  provision under an order for involuntary outpatient placement,
 2678  unless the individual person is otherwise participating in
 2679  outpatient psychiatric treatment and is not in need of public
 2680  financing for that treatment, in which case the individual, if
 2681  eligible, may be ordered to involuntary treatment pursuant to
 2682  the existing psychiatric treatment relationship.
 2683         4.3. The service provider shall prepare a written proposed
 2684  treatment plan in consultation with the individual being held
 2685  patient or his or her the patient’s guardian advocate, if
 2686  appointed, for the court’s consideration for inclusion in the
 2687  involuntary outpatient placement order. The service provider
 2688  shall also provide a copy of the proposed treatment plan to the
 2689  individual patient and the administrator of the receiving
 2690  facility. The treatment plan must specify the nature and extent
 2691  of the individual’s patient’s mental illness or substance abuse
 2692  impairment, address the reduction of symptoms that necessitate
 2693  involuntary outpatient placement, and include measurable goals
 2694  and objectives for the services and treatment that are provided
 2695  to treat the individual’s person’s mental illness or substance
 2696  abuse impairment and assist the individual person in living and
 2697  functioning in the community or to prevent a relapse or
 2698  deterioration. Service providers may select and supervise other
 2699  providers individuals to implement specific aspects of the
 2700  treatment plan. The services in the treatment plan must be
 2701  deemed clinically appropriate by a physician, clinical
 2702  psychologist, psychiatric nurse, mental health counselor,
 2703  marriage and family therapist, or clinical social worker who
 2704  consults with, or is employed or contracted by, the service
 2705  provider. The service provider must certify to the court in the
 2706  proposed treatment plan whether sufficient services for
 2707  improvement and stabilization are currently available and
 2708  whether the service provider agrees to provide those services.
 2709  If the service provider certifies that the services in the
 2710  proposed treatment plan are not available, the petitioner may
 2711  not file the petition.
 2712         (b) If an individual a patient in involuntary inpatient
 2713  placement meets the criteria for involuntary outpatient
 2714  placement, the administrator of the treatment facility may,
 2715  before the expiration of the period during which the treatment
 2716  facility is authorized to retain the individual patient,
 2717  recommend involuntary outpatient placement.
 2718         1. The recommendation must be supported by the opinion of a
 2719  psychiatrist and the second opinion of a clinical psychologist
 2720  or another psychiatrist, both of whom have personally examined
 2721  the individual patient within the preceding 72 hours, that the
 2722  criteria for involuntary outpatient placement are met. However,
 2723  in a county having a population of fewer than 50,000, if the
 2724  administrator certifies that a psychiatrist or clinical
 2725  psychologist is not available to provide the second opinion, the
 2726  second opinion may be provided by a licensed physician who has
 2727  postgraduate training and experience in diagnosis and treatment
 2728  of mental and nervous disorders or by a psychiatric nurse. Any
 2729  second opinion authorized in this subparagraph may be conducted
 2730  through a face-to-face examination, in person or by electronic
 2731  means. Such recommendation must be entered on an involuntary
 2732  outpatient placement certificate, and the certificate must be
 2733  made a part of the individual’s patient’s clinical record.
 2734         2.(c)1. The administrator of the treatment facility shall
 2735  provide a copy of the involuntary outpatient placement
 2736  certificate and a copy of the state mental health discharge form
 2737  to a department representative in the county where the
 2738  individual patient will be residing. For persons who are leaving
 2739  a state mental health treatment facility, the petition for
 2740  involuntary outpatient placement must be filed in the county
 2741  where the patient will be residing.
 2742         3.2. The service provider that will have primary
 2743  responsibility for service provision shall be identified by the
 2744  designated department representative prior to the order for
 2745  involuntary outpatient placement and must, before prior to
 2746  filing a petition for involuntary outpatient placement, certify
 2747  to the court whether the services recommended in the
 2748  individual’s patient’s discharge plan are available in the local
 2749  community and whether the service provider agrees to provide
 2750  those services. The service provider must develop with the
 2751  individual patient, or the patient’s guardian advocate, if one
 2752  is appointed, a treatment or service plan that addresses the
 2753  needs identified in the discharge plan. The plan must be deemed
 2754  to be clinically appropriate by a physician, clinical
 2755  psychologist, psychiatric nurse, mental health counselor,
 2756  marriage and family therapist, or clinical social worker, as
 2757  defined in this chapter, who consults with, or is employed or
 2758  contracted by, the service provider.
 2759         3. If the service provider certifies that the services in
 2760  the proposed treatment or service plan are not available, the
 2761  petitioner may not file the petition.
 2762         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
 2763         (a) A petition for involuntary outpatient placement may be
 2764  filed by:
 2765         1. The administrator of a mental health receiving facility,
 2766  an addictions receiving facility, or a detoxification facility;
 2767  or
 2768         2. The administrator of a treatment facility.
 2769         (b) Each required criterion for involuntary outpatient
 2770  placement must be alleged and substantiated in the petition for
 2771  involuntary outpatient placement. A copy of the certificate
 2772  recommending involuntary outpatient placement completed by a
 2773  qualified professional specified in subsection (2) must be
 2774  attached to the petition. A copy of the proposed treatment plan
 2775  must be attached to the petition. Before the petition is filed,
 2776  the service provider shall certify that the services in the
 2777  proposed treatment plan are available. If the necessary services
 2778  are not available in the patient’s local community where the
 2779  individual will reside to respond to the person’s individual
 2780  needs, the petition may not be filed.
 2781         (c) A The petition for involuntary outpatient placement
 2782  must be filed in the county where the individual who is the
 2783  subject of the petition patient is located, unless the
 2784  individual patient is being placed from a state treatment
 2785  facility, in which case the petition must be filed in the county
 2786  where the individual patient will reside. When the petition is
 2787  has been filed, the clerk of the court shall provide copies of
 2788  the petition and the proposed treatment plan to the department,
 2789  the individual patient, the individual’s patient’s guardian,
 2790  guardian advocate, health care surrogate or proxy, or
 2791  representative, the state attorney, and the public defender or
 2792  the individual’s patient’s private counsel. A fee may not be
 2793  charged for filing a petition under this subsection.
 2794         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2795  after the filing of a petition for involuntary outpatient
 2796  placement, the court shall appoint the public defender to
 2797  represent the individual person who is the subject of the
 2798  petition, unless the individual person is otherwise represented
 2799  by counsel. The clerk of the court shall immediately notify the
 2800  public defender of the appointment. The public defender shall
 2801  represent the individual person until the petition is dismissed,
 2802  the court order expires, or the individual patient is discharged
 2803  from involuntary outpatient placement. An attorney who
 2804  represents the individual patient shall have access to the
 2805  individual patient, witnesses, and records relevant to the
 2806  presentation of the individual’s patient’s case and shall
 2807  represent the interests of the individual patient, regardless of
 2808  the source of payment to the attorney. An attorney representing
 2809  an individual in proceedings under this part shall advocate the
 2810  individual’s expressed desires and must be present and actively
 2811  participate in all hearings on involuntary placement.
 2812         (5) CONTINUANCE OF HEARING.—The individual patient is
 2813  entitled, with the concurrence of the individual’s patient’s
 2814  counsel, to at least one continuance of the hearing. The
 2815  continuance shall be for a period of up to 4 weeks.
 2816         (6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
 2817         (a)1. The court shall hold the hearing on involuntary
 2818  outpatient placement within 5 court working days after the
 2819  filing of the petition, unless a continuance is granted. The
 2820  hearing shall be held in the county where the petition is filed,
 2821  shall be as convenient to the individual who is the subject of
 2822  the petition patient as is consistent with orderly procedure,
 2823  and shall be conducted in physical settings not likely to be
 2824  injurious to the individual’s patient’s condition. If the court
 2825  finds that the individual’s patient’s attendance at the hearing
 2826  is not consistent with the best interests of the individual
 2827  patient and if the individual’s patient’s counsel does not
 2828  object, the court may waive the presence of the individual
 2829  patient from all or any portion of the hearing. The state
 2830  attorney for the circuit in which the individual patient is
 2831  located shall represent the state, rather than the petitioner,
 2832  as the real party in interest in the proceeding. The state
 2833  attorney shall have access to the individual’s clinical record
 2834  and witnesses and shall independently evaluate the allegations
 2835  set forth in the petition for involuntary placement. If the
 2836  allegations are substantiated, the state attorney shall
 2837  prosecute the petition. If the allegations are not
 2838  substantiated, the state attorney shall withdraw the petition.
 2839         (b)2. The court may appoint a magistrate master to preside
 2840  at the hearing. One of the professionals who executed the
 2841  involuntary outpatient placement certificate shall be a witness.
 2842  The individual who is the subject of the petition patient and
 2843  his or her the patient’s guardian, guardian advocate, health
 2844  care surrogate or proxy, or representative shall be informed by
 2845  the court of the right to an independent expert examination. If
 2846  the individual patient cannot afford such an examination, the
 2847  court shall provide for one. The independent expert’s report is
 2848  shall be confidential and not discoverable, unless the expert is
 2849  to be called as a witness for the individual patient at the
 2850  hearing. The court shall allow testimony from persons
 2851  individuals, including family members, deemed by the court to be
 2852  relevant under state law, regarding the individual’s person’s
 2853  prior history and how that prior history relates to the
 2854  individual’s person’s current condition. The testimony in the
 2855  hearing must be given under oath, and the proceedings must be
 2856  recorded. The individual patient may refuse to testify at the
 2857  hearing.
 2858         (c) The court shall consider testimony and evidence
 2859  regarding the competence of the individual being held to consent
 2860  to treatment. If the court finds that the individual is
 2861  incompetent to consent, it shall appoint a guardian advocate as
 2862  provided in s. 394.4598.
 2863         (7) COURT ORDER.—
 2864         (a)(b)1. If the court concludes that the individual who is
 2865  the subject of the petition patient meets the criteria for
 2866  involuntary outpatient placement under pursuant to subsection
 2867  (1), the court shall issue an order for involuntary outpatient
 2868  placement. The court order may shall be for a period of up to 6
 2869  months. The order must specify the nature and extent of the
 2870  individual’s patient’s mental illness or substance abuse
 2871  impairment. The court order of the court and the treatment plan
 2872  must shall be made part of the individual’s patient’s clinical
 2873  record. The service provider shall discharge an individual a
 2874  patient from involuntary outpatient placement when the order
 2875  expires or any time the individual patient no longer meets the
 2876  criteria for involuntary placement. Upon discharge, the service
 2877  provider shall send a certificate of discharge to the court.
 2878         (b)2. The court may not order the department or the service
 2879  provider to provide services if the program or service is not
 2880  available in the patient’s local community of the individual
 2881  being served, if there is no space available in the program or
 2882  service for the individual patient, or if funding is not
 2883  available for the program or service. A copy of the order must
 2884  be sent to the Agency for Health Care Administration by the
 2885  service provider within 1 working day after it is received from
 2886  the court. After the placement order is issued, the service
 2887  provider and the individual patient may modify provisions of the
 2888  treatment plan. For any material modification of the treatment
 2889  plan to which the individual patient or the individual’s
 2890  patient’s guardian advocate, if appointed, does agree, the
 2891  service provider shall send notice of the modification to the
 2892  court. Any material modifications of the treatment plan which
 2893  are contested by the individual patient or the individual’s
 2894  patient’s guardian advocate, if appointed, must be approved or
 2895  disapproved by the court consistent with the requirements of
 2896  subsection (2).
 2897         (c)3. If, in the clinical judgment of a physician, the
 2898  individual being served patient has failed or has refused to
 2899  comply with the treatment ordered by the court, and, in the
 2900  clinical judgment of the physician, efforts were made to solicit
 2901  compliance and the individual patient may meet the criteria for
 2902  involuntary examination, the individual a person may be brought
 2903  to a receiving facility pursuant to s. 394.463 for involuntary
 2904  examination. If, after examination, the individual patient does
 2905  not meet the criteria for involuntary inpatient placement
 2906  pursuant to s. 394.467, the individual patient must be
 2907  discharged from the receiving facility. The involuntary
 2908  outpatient placement order remains shall remain in effect unless
 2909  the service provider determines that the individual patient no
 2910  longer meets the criteria for involuntary outpatient placement
 2911  or until the order expires. The service provider must determine
 2912  whether modifications should be made to the existing treatment
 2913  plan and must attempt to continue to engage the individual
 2914  patient in treatment. For any material modification of the
 2915  treatment plan to which the individual patient or the
 2916  individual’s patient’s guardian advocate, if appointed, agrees
 2917  does agree, the service provider shall send notice of the
 2918  modification to the court. Any material modifications of the
 2919  treatment plan which are contested by the individual patient or
 2920  the individual’s patient’s guardian advocate, if appointed, must
 2921  be approved or disapproved by the court consistent with the
 2922  requirements of subsection (2).
 2923         (d)(c) If, at any time before the conclusion of the initial
 2924  hearing on involuntary outpatient placement, it appears to the
 2925  court that the individual person does not meet the criteria for
 2926  involuntary outpatient placement under this section but,
 2927  instead, meets the criteria for involuntary inpatient placement,
 2928  the court may order the individual person admitted for
 2929  involuntary inpatient examination under s. 394.463. If the
 2930  person instead meets the criteria for involuntary assessment,
 2931  protective custody, or involuntary admission pursuant to s.
 2932  397.675, the court may order the person to be admitted for
 2933  involuntary assessment for a period of 5 days pursuant to s.
 2934  397.6811. Thereafter, all proceedings shall be governed by
 2935  chapter 397.
 2936         (d) At the hearing on involuntary outpatient placement, the
 2937  court shall consider testimony and evidence regarding the
 2938  patient’s competence to consent to treatment. If the court finds
 2939  that the patient is incompetent to consent to treatment, it
 2940  shall appoint a guardian advocate as provided in s. 394.4598.
 2941  The guardian advocate shall be appointed or discharged in
 2942  accordance with s. 394.4598.
 2943         (e) The administrator of the receiving facility, the
 2944  detoxification facility, or the designated department
 2945  representative shall provide a copy of the court order and
 2946  adequate documentation of an individual’s a patient’s mental
 2947  illness or substance abuse impairment to the service provider
 2948  for involuntary outpatient placement. Such documentation must
 2949  include any advance directives made by the individual patient, a
 2950  psychiatric evaluation of the individual patient, and any
 2951  evaluations of the individual patient performed by a clinical
 2952  psychologist or a clinical social worker.
 2953         (8)(7)PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 2954  PLACEMENT.—
 2955         (a)1. If the individual person continues to meet the
 2956  criteria for involuntary outpatient placement, the service
 2957  provider shall, before the expiration of the period during which
 2958  the placement treatment is ordered for the person, file in the
 2959  circuit court a petition for continued involuntary outpatient
 2960  placement.
 2961         1.2. The existing involuntary outpatient placement order
 2962  remains in effect until disposition of on the petition for
 2963  continued involuntary outpatient placement.
 2964         2.3. A certificate must shall be attached to the petition
 2965  which includes a statement from the individual’s person’s
 2966  physician or clinical psychologist justifying the request, a
 2967  brief description of the individual’s patient’s treatment during
 2968  the time he or she was involuntarily placed, and a personalized
 2969  an individualized plan of continued treatment.
 2970         3.4. The service provider shall develop the individualized
 2971  plan of continued treatment in consultation with the individual
 2972  patient or his or her the patient’s guardian advocate, if
 2973  appointed. When the petition has been filed, the clerk of the
 2974  court shall provide copies of the certificate and the
 2975  individualized plan of continued treatment to the department,
 2976  the individual patient, the individual’s patient’s guardian
 2977  advocate, the state attorney, and the individual’s patient’s
 2978  private counsel or the public defender.
 2979         (b) Within 1 court working day after the filing of a
 2980  petition for continued involuntary outpatient placement, the
 2981  court shall appoint the public defender to represent the
 2982  individual person who is the subject of the petition, unless the
 2983  individual person is otherwise represented by counsel. The clerk
 2984  of the court shall immediately notify the public defender of
 2985  such appointment. The public defender shall represent the
 2986  individual person until the petition is dismissed, or the court
 2987  order expires, or the individual patient is discharged from
 2988  involuntary outpatient placement. Any attorney representing the
 2989  individual patient shall have access to the individual patient,
 2990  witnesses, and records relevant to the presentation of the
 2991  individual’s patient’s case and shall represent the interests of
 2992  the individual patient, regardless of the source of payment to
 2993  the attorney.
 2994         (c) The court shall inform the individual who is the
 2995  subject of the petition and his or her guardian, guardian
 2996  advocate, health care surrogate or proxy, or representative of
 2997  the individual’s right to an independent expert examination. If
 2998  the individual cannot afford such an examination, the court
 2999  shall provide one.
 3000         (d)(c) Hearings on petitions for continued involuntary
 3001  outpatient placement are shall be before the circuit court. The
 3002  court may appoint a magistrate master to preside at the hearing.
 3003  The procedures for obtaining an order pursuant to this paragraph
 3004  must shall be in accordance with subsection (6), except that the
 3005  time period included in paragraph (1)(e) is not applicable in
 3006  determining the appropriateness of additional periods of
 3007  involuntary outpatient placement.
 3008         (e)(d) Notice of the hearing shall be provided in
 3009  accordance with as set forth in s. 394.4599. The individual
 3010  being served patient and the individual’s patient’s attorney may
 3011  agree to a period of continued outpatient placement without a
 3012  court hearing.
 3013         (f)(e) The same procedure shall be repeated before the
 3014  expiration of each additional period the individual being served
 3015  patient is placed in treatment.
 3016         (g)(f) If the individual in involuntary outpatient
 3017  placement patient has previously been found incompetent to
 3018  consent to treatment, the court shall consider testimony and
 3019  evidence regarding the individual’s patient’s competence.
 3020  Section 394.4598 governs the discharge of the guardian advocate
 3021  if the individual’s patient’s competency to consent to treatment
 3022  has been restored.
 3023         Section 19. Effective on July 1, 2016, section 394.467,
 3024  Florida Statutes, is amended to read:
 3025         394.467 Involuntary inpatient placement.—
 3026         (1) CRITERIA.—An individual A person may be placed in
 3027  involuntary inpatient placement for treatment upon a finding of
 3028  the court by clear and convincing evidence that:
 3029         (a) He or she has a mental illness or substance abuse
 3030  impairment is mentally ill and because of his or her mental
 3031  illness or substance abuse impairment:
 3032         1.a. He or she has refused voluntary placement for
 3033  treatment after sufficient and conscientious explanation and
 3034  disclosure of the purpose of placement for treatment; or
 3035         b. He or she is unable to determine for himself or herself
 3036  whether placement is necessary; and
 3037         2.a. He or she is manifestly incapable of surviving alone
 3038  or with the help of willing and responsible family or friends,
 3039  including available alternative services, and, without
 3040  treatment, is likely to suffer from neglect or refuse to care
 3041  for himself or herself, and such neglect or refusal poses a real
 3042  and present threat of substantial harm to his or her well-being;
 3043  or
 3044         b. There is substantial likelihood that in the near future
 3045  he or she will inflict serious bodily harm on self or others
 3046  himself or herself or another person, as evidenced by recent
 3047  behavior causing, attempting, or threatening such harm; and
 3048         (b) All available less restrictive treatment alternatives
 3049  that which would offer an opportunity for improvement of his or
 3050  her condition have been judged to be inappropriate.
 3051         (2) ADMISSION TO A TREATMENT FACILITY.—An individual A
 3052  patient may be retained by a mental health receiving facility,
 3053  an addictions receiving facility, or a detoxification facility,
 3054  or involuntarily placed in a treatment facility upon the
 3055  recommendation of the administrator of the receiving facility
 3056  where the individual patient has been examined and after
 3057  adherence to the notice and hearing procedures provided in s.
 3058  394.4599. The recommendation must be supported by the opinion of
 3059  a psychiatrist and the second opinion of a clinical psychologist
 3060  or another psychiatrist, both of whom have personally examined
 3061  the individual patient within the preceding 72 hours, that the
 3062  criteria for involuntary inpatient placement are met. However,
 3063  in a county that has a population of fewer than 50,000, if the
 3064  administrator certifies that a psychiatrist or clinical
 3065  psychologist is not available to provide the second opinion, the
 3066  second opinion may be provided by a licensed physician who has
 3067  postgraduate training and experience in diagnosis and treatment
 3068  of mental and nervous disorders or by a psychiatric nurse. If
 3069  the petition seeks placement for treatment of substance abuse
 3070  impairment only and the individual is examined by an addictions
 3071  receiving facility or detoxification facility, the first opinion
 3072  may be provided by a physician, and the second opinion may be
 3073  provided by a qualified professional with respect to substance
 3074  abuse treatment. Any second opinion authorized in this
 3075  subsection may be conducted through a face-to-face examination,
 3076  in person or by electronic means. Such recommendation must shall
 3077  be entered on an involuntary inpatient placement certificate
 3078  that authorizes the receiving facility to retain the individual
 3079  being held patient pending transfer to a treatment facility or
 3080  completion of a hearing.
 3081         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The
 3082  administrator of the mental health facility, addictions
 3083  receiving facility, or detoxification facility shall file a
 3084  petition for involuntary inpatient placement in the court in the
 3085  county where the individual patient is located. Upon filing, the
 3086  clerk of the court shall provide copies to the department, the
 3087  individual patient, the individual’s patient’s guardian,
 3088  guardian advocate, health care surrogate or proxy, or
 3089  representative, and the state attorney and public defender of
 3090  the judicial circuit in which the individual patient is located.
 3091  A No fee may not shall be charged for the filing of a petition
 3092  under this subsection.
 3093         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 3094  after the filing of a petition for involuntary inpatient
 3095  placement, the court shall appoint the public defender to
 3096  represent the individual person who is the subject of the
 3097  petition, unless the individual person is otherwise represented
 3098  by counsel. The clerk of the court shall immediately notify the
 3099  public defender of such appointment. Any attorney representing
 3100  the individual patient shall have access to the individual
 3101  patient, witnesses, and records relevant to the presentation of
 3102  the individual’s patient’s case and shall represent the
 3103  interests of the individual patient, regardless of the source of
 3104  payment to the attorney.
 3105         (a) An attorney representing an individual in proceedings
 3106  under this part shall advocate the individual’s expressed
 3107  desires and must be present and actively participate in all
 3108  hearings on involuntary placement.
 3109         (b) The state attorney for the judicial circuit in which
 3110  the individual is located shall represent the state rather than
 3111  the petitioning facility administrator as the real party in
 3112  interest in the proceeding. The state attorney shall have access
 3113  to the individual’s clinical record and witnesses and shall
 3114  independently evaluate the allegations set forth in the petition
 3115  for involuntary placement. If the allegations are substantiated,
 3116  the state attorney shall prosecute the petition. If the
 3117  allegations are not substantiated, the state attorney shall
 3118  withdraw the petition.
 3119         (5) CONTINUANCE OF HEARING.—The individual patient is
 3120  entitled, with the concurrence of the individual’s patient’s
 3121  counsel, to at least one continuance of the hearing. The
 3122  continuance shall be for a period of up to 4 weeks.
 3123         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 3124         (a)1. The court shall hold the hearing on involuntary
 3125  inpatient placement within 5 court working days after the
 3126  petition is filed, unless a continuance is granted.
 3127         1. The hearing shall be held in the county where the
 3128  individual patient is located and shall be as convenient to the
 3129  individual patient as may be consistent with orderly procedure
 3130  and shall be conducted in physical settings not likely to be
 3131  injurious to the individual’s patient’s condition. If the
 3132  individual wishes to waive his or her court finds that the
 3133  patient’s attendance at the hearing, the court must determine
 3134  that the waiver is knowingly, intelligently, and voluntarily
 3135  being waived and is not consistent with the best interests of
 3136  the patient, and the patient’s counsel does not object, the
 3137  court may waive the presence of the individual patient from all
 3138  or any portion of the hearing. The state attorney for the
 3139  circuit in which the patient is located shall represent the
 3140  state, rather than the petitioning facility administrator, as
 3141  the real party in interest in the proceeding.
 3142         2. The court may appoint a general or special magistrate to
 3143  preside at the hearing. One of the two professionals who
 3144  executed the involuntary inpatient placement certificate shall
 3145  be a witness. The individual patient and the individual’s
 3146  patient’s guardian, guardian advocate, health care surrogate or
 3147  proxy, or representative shall be informed by the court of the
 3148  right to an independent expert examination. If the individual
 3149  patient cannot afford such an examination, the court shall
 3150  provide for one. The independent expert’s report is shall be
 3151  confidential and not discoverable, unless the expert is to be
 3152  called as a witness for the individual patient at the hearing.
 3153  The testimony in the hearing must be given under oath, and the
 3154  proceedings must be recorded. The individual patient may refuse
 3155  to testify at the hearing.
 3156         3. The court shall allow testimony from persons, including
 3157  family members, deemed by the court to be relevant regarding the
 3158  individual’s prior history and how that prior history relates to
 3159  the individual’s current condition.
 3160         (b) If the court concludes that the individual patient
 3161  meets the criteria for involuntary inpatient placement, it shall
 3162  order that the individual patient be transferred to a treatment
 3163  facility or, if the individual patient is at a treatment
 3164  facility, that the individual patient be retained there or be
 3165  treated at any other appropriate mental health receiving
 3166  facility, addictions receiving facility, detoxification
 3167  facility, or treatment facility, or that the individual patient
 3168  receive services from such a facility a receiving or treatment
 3169  facility, on an involuntary basis, for up to 90 days a period of
 3170  up to 6 months. The order shall specify the nature and extent of
 3171  the individual’s patient’s mental illness or substance abuse
 3172  impairment. The court may not order an individual with traumatic
 3173  brain injury or dementia who lacks a co-occurring mental illness
 3174  to be involuntarily placed in a state treatment facility. The
 3175  facility shall discharge the individual at a patient any time
 3176  the individual patient no longer meets the criteria for
 3177  involuntary inpatient placement, unless the individual patient
 3178  has transferred to voluntary status.
 3179         (c) If at any time before prior to the conclusion of the
 3180  hearing on involuntary inpatient placement it appears to the
 3181  court that the individual person does not meet the criteria for
 3182  involuntary inpatient placement under this section, but instead
 3183  meets the criteria for involuntary outpatient placement, the
 3184  court may order the individual person evaluated for involuntary
 3185  outpatient placement pursuant to s. 394.4655, and. the petition
 3186  and hearing procedures set forth in s. 394.4655 shall apply. If
 3187  the person instead meets the criteria for involuntary
 3188  assessment, protective custody, or involuntary admission
 3189  pursuant to s. 397.675, then the court may order the person to
 3190  be admitted for involuntary assessment for a period of 5 days
 3191  pursuant to s. 397.6811. Thereafter, all proceedings shall be
 3192  governed by chapter 397.
 3193         (d) At the hearing on involuntary inpatient placement, the
 3194  court shall consider testimony and evidence regarding the
 3195  individual’s patient’s competence to consent to treatment. If
 3196  the court finds that the individual patient is incompetent to
 3197  consent to treatment, it shall appoint a guardian advocate as
 3198  provided in s. 394.4598.
 3199         (e) The administrator of the petitioning receiving facility
 3200  shall provide a copy of the court order and adequate
 3201  documentation of the individual’s a patient’s mental illness or
 3202  substance abuse impairment to the administrator of a treatment
 3203  facility if the individual whenever a patient is ordered for
 3204  involuntary inpatient placement, whether by civil or criminal
 3205  court. The documentation must shall include any advance
 3206  directives made by the individual patient, a psychiatric
 3207  evaluation of the individual patient, and any evaluations of the
 3208  individual patient performed by a clinical psychologist, a
 3209  marriage and family therapist, a mental health counselor, a
 3210  substance abuse qualified professional or a clinical social
 3211  worker. The administrator of a treatment facility may refuse
 3212  admission to an individual any patient directed to its
 3213  facilities on an involuntary basis, whether by civil or criminal
 3214  court order, who is not accompanied at the same time by adequate
 3215  orders and documentation.
 3216         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
 3217  PLACEMENT.—
 3218         (a) Hearings on petitions for continued involuntary
 3219  inpatient placement shall be administrative hearings and shall
 3220  be conducted in accordance with the provisions of s. 120.57(1),
 3221  except that an any order entered by an the administrative law
 3222  judge is shall be final and subject to judicial review in
 3223  accordance with s. 120.68. Orders concerning an individual
 3224  patients committed after successfully pleading not guilty by
 3225  reason of insanity are shall be governed by the provisions of s.
 3226  916.15.
 3227         (b) If the individual patient continues to meet the
 3228  criteria for involuntary inpatient placement, the administrator
 3229  shall, before prior to the expiration of the period during which
 3230  the treatment facility is authorized to retain the individual
 3231  patient, file a petition requesting authorization for continued
 3232  involuntary inpatient placement. The request must shall be
 3233  accompanied by a statement from the individual’s patient’s
 3234  physician or clinical psychologist justifying the request, a
 3235  brief description of the individual’s patient’s treatment during
 3236  the time he or she was involuntarily placed, and a personalized
 3237  an individualized plan of continued treatment. Notice of the
 3238  hearing must shall be provided as set forth in s. 394.4599. If
 3239  at the hearing the administrative law judge finds that
 3240  attendance at the hearing is not consistent with the
 3241  individual’s best interests of the patient, the administrative
 3242  law judge may waive the presence of the individual patient from
 3243  all or any portion of the hearing, unless the individual
 3244  patient, through counsel, objects to the waiver of presence. The
 3245  testimony in the hearing must be under oath, and the proceedings
 3246  must be recorded.
 3247         (c) Unless the individual patient is otherwise represented
 3248  or is ineligible, he or she shall be represented at the hearing
 3249  on the petition for continued involuntary inpatient placement by
 3250  the public defender of the circuit in which the facility is
 3251  located.
 3252         (d) The Division of Administrative Hearings shall inform
 3253  the individual and his or her guardian, guardian advocate,
 3254  health care surrogate or proxy, or representative of the right
 3255  to an independent expert examination. If the individual cannot
 3256  afford such an examination, the court shall provide one.
 3257         (e)(d) If at a hearing it is shown that the individual
 3258  patient continues to meet the criteria for involuntary inpatient
 3259  placement, the administrative law judge shall sign the order for
 3260  continued involuntary inpatient placement for a period of up to
 3261  90 days not to exceed 6 months. The same procedure must shall be
 3262  repeated prior to the expiration of each additional period the
 3263  individual patient is retained.
 3264         (f)(e) If continued involuntary inpatient placement is
 3265  necessary for an individual a patient admitted while serving a
 3266  criminal sentence, but whose sentence is about to expire, or for
 3267  a minor patient involuntarily placed while a minor but who is
 3268  about to reach the age of 18, the administrator shall petition
 3269  the administrative law judge for an order authorizing continued
 3270  involuntary inpatient placement.
 3271         (g)(f) If the individual previously patient has been
 3272  previously found incompetent to consent to treatment, the
 3273  administrative law judge shall consider testimony and evidence
 3274  regarding the individual’s patient’s competence. If the
 3275  administrative law judge finds evidence that the individual
 3276  patient is now competent to consent to treatment, the
 3277  administrative law judge may issue a recommended order to the
 3278  court that found the individual patient incompetent to consent
 3279  to treatment that the individual’s patient’s competence be
 3280  restored and that any guardian advocate previously appointed be
 3281  discharged.
 3282         (8) RETURN TO FACILITY OF PATIENTS.—If an individual held
 3283  When a patient at a treatment facility involuntarily under this
 3284  part leaves the facility without the administrator’s
 3285  authorization, the administrator may authorize a search for, the
 3286  patient and the return of, the individual patient to the
 3287  facility. The administrator may request the assistance of a law
 3288  enforcement agency in the search for and return of the patient.
 3289         Section 20. Effective July 1, 2016, section 394.4672,
 3290  Florida Statutes, is amended to read:
 3291         394.4672 Procedure for placement of veteran with federal
 3292  agency.—
 3293         (1) A facility owned, operated, or administered by the
 3294  United States Department of Veterans Affairs which provides
 3295  mental health services has authority as granted by the
 3296  Department of Veterans’ Affairs to:
 3297         (a) Initiate and conduct involuntary examinations pursuant
 3298  to s. 394.463.
 3299         (b) Provide voluntary treatment pursuant to s. 394.4625.
 3300         (c) Petition for involuntary inpatient placement pursuant
 3301  to s. 394.467.
 3302         (d) Provide involuntary inpatient placement pursuant to
 3303  this part.
 3304         (2)(1)If a Whenever it is determined by the court
 3305  determines that an individual a person meets the criteria for
 3306  involuntary placement and he or she it appears that such person
 3307  is eligible for care or treatment by the United States
 3308  Department of Veterans Affairs or another other agency of the
 3309  United States Government, the court, upon receipt of a
 3310  certificate from the United States Department of Veterans
 3311  Affairs or such other agency showing that facilities are
 3312  available and that the individual person is eligible for care or
 3313  treatment therein, may place that individual person with the
 3314  United States Department of Veterans Affairs or other federal
 3315  agency. The individual person whose placement is sought shall be
 3316  personally served with notice of the pending placement
 3317  proceeding in the manner as provided in this part., and nothing
 3318  in This section does not shall affect the individual’s his or
 3319  her right to appear and be heard in the proceeding. Upon
 3320  placement, the individual is person shall be subject to the
 3321  rules and regulations of the United States Department of
 3322  Veterans Affairs or other federal agency.
 3323         (3)(2) The judgment or order of placement issued by a court
 3324  of competent jurisdiction of another state or of the District of
 3325  Columbia which places an individual, placing a person with the
 3326  United States Department of Veterans Affairs or other federal
 3327  agency for care or treatment has, shall have the same force and
 3328  effect in this state as in the jurisdiction of the court
 3329  entering the judgment or making the order.; and The courts of
 3330  the placing state or of the District of Columbia shall retain be
 3331  deemed to have retained jurisdiction of the individual person so
 3332  placed. Consent is hereby given to the application of the law of
 3333  the placing state or district with respect to the authority of
 3334  the chief officer of any facility of the United States
 3335  Department of Veterans Affairs or other federal agency operated
 3336  in this state to retain custody or to transfer, parole, or
 3337  discharge the individual person.
 3338         (4)(3) Upon receipt of a certificate of the United States
 3339  Department of Veterans Affairs or another such other federal
 3340  agency that facilities are available for the care or treatment
 3341  of individuals who have mental illness or substance abuse
 3342  impairment mentally ill persons and that an individual the
 3343  person is eligible for that care or treatment, the administrator
 3344  of the receiving or treatment facility may cause the transfer of
 3345  that individual person to the United States Department of
 3346  Veterans Affairs or other federal agency. Upon effecting such
 3347  transfer, the committing court shall be notified by the
 3348  transferring agency. An individual may not No person shall be
 3349  transferred to the United States Department of Veterans Affairs
 3350  or other federal agency if he or she is confined pursuant to the
 3351  conviction of any felony or misdemeanor or if he or she has been
 3352  acquitted of the charge solely on the ground of insanity, unless
 3353  prior to transfer the court placing the individual such person
 3354  enters an order for the transfer after appropriate motion and
 3355  hearing and without objection by the United States Department of
 3356  Veterans Affairs.
 3357         (5)(4)An individual Any person transferred as provided in
 3358  this section is shall be deemed to be placed with the United
 3359  States Department of Veterans Affairs or other federal agency
 3360  pursuant to the original placement.
 3361         Section 21. Section 394.47891, Florida Statutes, is amended
 3362  to read:
 3363         394.47891 Military veterans and servicemembers court
 3364  programs.—The chief judge of each judicial circuit may establish
 3365  a Military Veterans and Servicemembers Court Program under which
 3366  veterans, as defined in s. 1.01, including veterans who were
 3367  discharged or released under a general discharge, and
 3368  servicemembers, as defined in s. 250.01, who are convicted of a
 3369  criminal offense and who suffer from a military-related mental
 3370  illness, traumatic brain injury, substance abuse disorder, or
 3371  psychological problem can be sentenced in accordance with
 3372  chapter 921 in a manner that appropriately addresses the
 3373  severity of the mental illness, traumatic brain injury,
 3374  substance abuse disorder, or psychological problem through
 3375  services tailored to the individual needs of the participant.
 3376  Entry into any Military Veterans and Servicemembers Court
 3377  Program must be based upon the sentencing court’s assessment of
 3378  the defendant’s criminal history, military service, substance
 3379  abuse treatment needs, mental health treatment needs,
 3380  amenability to the services of the program, the recommendation
 3381  of the state attorney and the victim, if any, and the
 3382  defendant’s agreement to enter the program.
 3383         Section 22. Section 394.47892, Florida Statutes, is created
 3384  to read:
 3385         394.47892 Treatment-based mental health court programs.—
 3386         (1) Each county may fund a treatment-based mental health
 3387  court program under which persons in the justice system assessed
 3388  with a mental illness will be processed in such a manner as to
 3389  appropriately address the severity of the identified mental
 3390  health problem through treatment services tailored to the
 3391  individual needs of the participant. The Legislature intends to
 3392  encourage the Department of Corrections, the Department of
 3393  Children and Families, the Department of Juvenile Justice, the
 3394  Department of Health, the Department of Law Enforcement, the
 3395  Department of Education, and such agencies, local governments,
 3396  law enforcement agencies, other interested public or private
 3397  sources, and individuals to support the creation and
 3398  establishment of these problem-solving court programs.
 3399  Participation in the treatment-based mental health court
 3400  programs does not divest any public or private agency of its
 3401  responsibility for a child or adult, but enables these agencies
 3402  to better meet their needs through shared responsibility and
 3403  resources.
 3404         (2) Entry into any pretrial treatment-based mental health
 3405  court program is voluntary.
 3406         (3)(a) Entry into any postadjudicatory treatment-based
 3407  mental health court program as a condition of probation or
 3408  community control pursuant to s. 948.01 or s. 948.06 must be
 3409  based upon the sentencing court’s assessment of the defendant’s
 3410  criminal history, mental health screening outcome, amenability
 3411  to the services of the program, the recommendation of the state
 3412  attorney and the victim, if any, and the defendant’s agreement
 3413  to enter the program.
 3414         (b) An offender who is sentenced to a postadjudicatory
 3415  treatment-based mental health court program and who, while a
 3416  mental health court program participant, is the subject of a
 3417  violation of probation or community control under s. 948.06
 3418  shall have the violation of probation or community control heard
 3419  by the judge presiding over the postadjudicatory treatment-based
 3420  mental health court program. The judge shall dispose of any such
 3421  violation, after a hearing on or admission of the violation, as
 3422  he or she deems appropriate if the resulting sentence or
 3423  conditions are lawful.
 3424         (4) Treatment-based mental health court programs may
 3425  include pretrial intervention programs as provided in s. 948.08,
 3426  treatment-based mental health court programs authorized in
 3427  chapter 39, postadjudicatory programs as provided in ss. 948.01
 3428  and 948.06, and review of the status of compliance or
 3429  noncompliance of sentenced offenders through a treatment-based
 3430  mental health court program.
 3431         (5) Contingent upon an annual appropriation by the
 3432  Legislature, each judicial circuit with a treatment-based mental
 3433  health court program shall establish, at a minimum, one
 3434  coordinator position for the treatment-based mental health court
 3435  program within the state courts system to coordinate the
 3436  responsibilities of the participating agencies and service
 3437  providers. Each coordinator shall provide direct support to the
 3438  treatment-based mental health court program by providing
 3439  coordination between the multidisciplinary team and the
 3440  judiciary, providing case management, monitoring compliance of
 3441  the participants in the treatment-based mental health court
 3442  program with court requirements, and providing program
 3443  evaluation and accountability.
 3444         (6) If a county chooses to fund a treatment-based mental
 3445  health court program, the county must secure funding from
 3446  sources other than the state for those costs not otherwise
 3447  assumed by the state pursuant to s. 29.004. However, this does
 3448  not preclude a county from using treatment and other service
 3449  funding provided through state executive branch agencies.
 3450  Counties may provide, by interlocal agreement, for the
 3451  collective funding of these programs.
 3452         (7) The chief judge of each judicial circuit may appoint an
 3453  advisory committee for the treatment-based mental health court
 3454  program. The committee shall be composed of the chief judge, or
 3455  his or her designee, who shall serve as chair; the judge of the
 3456  treatment-based mental health court program, if not otherwise
 3457  designated by the chief judge as his or her designee; the state
 3458  attorney, or his or her designee; the public defender, or his or
 3459  her designee; the treatment-based mental health court program
 3460  coordinators; community representatives; treatment
 3461  representatives; and any other persons the chair finds are
 3462  appropriate.
 3463         Section 23. Section 394.656, Florida Statutes, is amended
 3464  to read:
 3465         394.656 Criminal Justice, Mental Health, and Substance
 3466  Abuse Reinvestment Grant Program.—
 3467         (1) There is created within the Department of Children and
 3468  Families the Criminal Justice, Mental Health, and Substance
 3469  Abuse Reinvestment Grant Program. The purpose of the program is
 3470  to provide funding to counties with which they can plan,
 3471  implement, or expand initiatives that increase public safety,
 3472  avert increased spending on criminal justice, and improve the
 3473  accessibility and effectiveness of treatment services for adults
 3474  and juveniles who have a mental illness, substance abuse
 3475  disorder, or co-occurring mental health and substance abuse
 3476  disorders and who are in, or at risk of entering, the criminal
 3477  or juvenile justice systems.
 3478         (2) The department shall establish a Criminal Justice,
 3479  Mental Health, and Substance Abuse Statewide Grant Review
 3480  Committee. The committee shall include:
 3481         (a) One representative of the Department of Children and
 3482  Families;
 3483         (b) One representative of the Department of Corrections;
 3484         (c) One representative of the Department of Juvenile
 3485  Justice;
 3486         (d) One representative of the Department of Elderly
 3487  Affairs; and
 3488         (e) One representative of the Office of the State Courts
 3489  Administrator;
 3490         (f) One representative of the Department of Veterans’
 3491  Affairs;
 3492         (g) One representative of the Florida Sheriffs Association;
 3493         (h) One representative of the Florida Police Chiefs
 3494  Association;
 3495         (i) One representative of the Florida Association of
 3496  Counties;
 3497         (j) One representative of the Florida Alcohol and Drug
 3498  Abuse Association; and
 3499         (k) One representative from the Florida Council for
 3500  Community Mental Health.
 3501  
 3502  The committee shall serve as the advisory body to review policy
 3503  and funding issues that help reduce the impact of persons with
 3504  mental illness and substance abuse disorders on communities and
 3505  the court system. The committee shall advise the department in
 3506  selecting priorities for applying and reviewing grants and
 3507  investing awarded grant moneys.
 3508         (3) In addition to the committee established pursuant to
 3509  subsection (2), the department shall create a grant review and
 3510  selection committee. To the extent possible, the members of the
 3511  grant review and selection committee shall have expertise in the
 3512  content areas relating to grant applications, including, but not
 3513  limited to, substance abuse and mental health disorders,
 3514  community corrections, and law enforcement. In addition, members
 3515  shall have experience in grant writing, grant reviewing, and
 3516  grant application scoring.
 3517         (4)(a)(3)(a) A county, or a not-for-profit community
 3518  provider designated by a local county planning council or
 3519  committee described in s. 394.657, may apply for a 1-year
 3520  planning grant or a 3-year implementation or expansion grant.
 3521  The purpose of the grants is to demonstrate that investment in
 3522  treatment efforts related to mental illness, substance abuse
 3523  disorders, or co-occurring mental health and substance abuse
 3524  disorders results in a reduced demand on the resources of the
 3525  judicial, corrections, juvenile detention, and health and social
 3526  services systems.
 3527         (b) To be eligible to receive a 1-year planning grant or a
 3528  3-year implementation or expansion grant, a county applicant
 3529  must have a county planning council or committee that is in
 3530  compliance with the membership requirements set forth in this
 3531  section.
 3532         (5)(4) The Criminal Justice, Mental Health, and Substance
 3533  Abuse Statewide Grant Review Committee shall notify the
 3534  Department of Children and Families in writing of the names of
 3535  the applicants who have been selected by the committee to
 3536  receive a grant. Contingent upon the availability of funds and
 3537  upon notification by the review committee of those applicants
 3538  approved to receive planning, implementation, or expansion
 3539  grants, the Department of Children and Families may transfer
 3540  funds appropriated for the grant program to an approved
 3541  applicant any county awarded a grant.
 3542         Section 24. Paragraph (a) of subsection (1) of section
 3543  394.875, Florida Statutes, is amended to read:
 3544         394.875 Crisis stabilization units, residential treatment
 3545  facilities, and residential treatment centers for children and
 3546  adolescents; authorized services; license required.—
 3547         (1)(a) The purpose of a crisis stabilization unit is to
 3548  stabilize and redirect a client to the most appropriate and
 3549  least restrictive community setting available, consistent with
 3550  the client’s needs. Crisis stabilization units may screen,
 3551  assess, and admit for stabilization persons who present
 3552  themselves to the unit and persons who are brought to the unit
 3553  under s. 394.463. Clients may be provided 24-hour observation,
 3554  medication prescribed by a physician or psychiatrist, and other
 3555  appropriate services. Crisis stabilization units shall provide
 3556  services regardless of the client’s ability to pay and shall be
 3557  limited in size to a maximum of 30 beds.
 3558         Section 25. Present subsections (10) and (11) of section
 3559  394.9082, Florida Statutes, are redesignated as subsections (11)
 3560  and (12), respectively, and a new subsection (10) is added to
 3561  that section, to read:
 3562         394.9082 Behavioral health managing entities.—
 3563         (10) CRISIS STABILIZATION SERVICES UTILIZATION DATABASE.
 3564  The department shall develop, implement, and maintain standards
 3565  under which a managing entity shall collect utilization data
 3566  from all public receiving facilities situated within its
 3567  geographic service area. As used in this subsection, the term
 3568  “public receiving facility” means an entity that meets the
 3569  licensure requirements of and is designated by the department to
 3570  operate as a public receiving facility under s. 394.875 and that
 3571  is operating as a licensed crisis stabilization unit.
 3572         (a) The department shall develop standards and protocols
 3573  for managing entities and public receiving facilities to use in
 3574  the collection, storage, transmittal, and analysis of data. The
 3575  standards and protocols must allow for compatibility of data and
 3576  data transmittal between public receiving facilities, managing
 3577  entities, and the department for the implementation and
 3578  requirements of this subsection. The department shall require
 3579  managing entities contracted under this section to comply with
 3580  this subsection by August 1, 2015.
 3581         (b) A managing entity shall require a public receiving
 3582  facility within its provider network to submit data to the
 3583  managing entity, in real time or at least daily, for:
 3584         1. All admissions and discharges of clients receiving
 3585  public receiving facility services who qualify as indigent, as
 3586  defined in s. 394.4787; and
 3587         2. Current active census of total licensed beds, the number
 3588  of beds purchased by the department, the number of clients
 3589  qualifying as indigent occupying those beds, and the total
 3590  number of unoccupied licensed beds regardless of funding.
 3591         (c) A managing entity shall require a public receiving
 3592  facility within its provider network to submit data, on a
 3593  monthly basis, to the managing entity which aggregates the daily
 3594  data submitted under paragraph (b). The managing entity shall
 3595  reconcile the data in the monthly submission to the data
 3596  received by the managing entity under paragraph (b) to check for
 3597  consistency. If the monthly aggregate data submitted by a public
 3598  receiving facility under this paragraph is inconsistent with the
 3599  daily data submitted under paragraph (b), the managing entity
 3600  shall consult with the public receiving facility to make
 3601  corrections as necessary to ensure accurate data.
 3602         (d) A managing entity shall require a public receiving
 3603  facility within its provider network to submit data, on an
 3604  annual basis, to the managing entity which aggregates the data
 3605  submitted and reconciled under paragraph (c). The managing
 3606  entity shall reconcile the data in the annual submission to the
 3607  data received and reconciled by the managing entity under
 3608  paragraph (c) to check for consistency. If the annual aggregate
 3609  data submitted by a public receiving facility under this
 3610  paragraph is inconsistent with the data received and reconciled
 3611  under paragraph (c), the managing entity shall consult with the
 3612  public receiving facility to make corrections as necessary to
 3613  ensure accurate data.
 3614         (e) After ensuring accurate data under paragraphs (c) and
 3615  (d), the managing entity shall submit the data to the department
 3616  on a monthly and an annual basis. The department shall create a
 3617  statewide database for the data described under paragraph (b)
 3618  and submitted under this paragraph for the purpose of analyzing
 3619  the payments for and the use of crisis stabilization services
 3620  funded under the Baker Act on a statewide basis and on an
 3621  individual public receiving facility basis.
 3622         (f) The department shall adopt rules to administer this
 3623  subsection.
 3624         (g) The department shall submit a report by January 31,
 3625  2016, and annually thereafter, to the Governor, the President of
 3626  the Senate, and the Speaker of the House of Representatives
 3627  which provides details on the implementation of this subsection,
 3628  including the status of the data collection process and a
 3629  detailed analysis of the data collected under this subsection.
 3630         Section 26. For the 2015-2016 fiscal year, the sum of
 3631  $175,000 in nonrecurring funds is appropriated from the Alcohol,
 3632  Drug Abuse, and Mental Health Trust Fund to the Department of
 3633  Children and Families to implement this subsection.
 3634         Section 27. The Division of Law Revision and Information is
 3635  directed to rename part IV of chapter 765, Florida Statutes, as
 3636  “Mental Health and Substance Abuse Advance Directives.”
 3637         Section 28. Section 765.4015, Florida Statutes, is created
 3638  to read:
 3639         765.4015 Short title.—Sections 765.402-765.411 may be cited
 3640  as the “Jennifer Act.”
 3641         Section 29. Section 765.402, Florida Statutes, is created
 3642  to read:
 3643         765.402Legislative findings.
 3644         (1) The Legislature recognizes that an individual with
 3645  capacity has the ability to control decisions relating to his or
 3646  her own mental health care or substance abuse treatment. The
 3647  Legislature finds that:
 3648         (a) Substance abuse and some mental illnesses cause
 3649  individuals to fluctuate between capacity and incapacity;
 3650         (b) During periods when an individual’s capacity is
 3651  unclear, the individual may be unable to provide informed
 3652  consent necessary to access needed treatment;
 3653         (c) Early treatment may prevent an individual from becoming
 3654  so ill that involuntary treatment is necessary; and
 3655         (d) Individuals with substance abuse impairment or mental
 3656  illness need an established procedure to express their
 3657  instructions and preferences for treatment and provide advance
 3658  consent to or refusal of treatment. This procedure should be
 3659  less expensive and less restrictive than guardianship.
 3660         (2) The Legislature further recognizes that:
 3661         (a) A mental health or substance abuse treatment advance
 3662  directive must provide the individual with a full range of
 3663  choices.
 3664         (b) For a mental health or substance abuse directive to be
 3665  an effective tool, individuals must be able to choose how they
 3666  want their directives to be applied, including the right of
 3667  revocation, during periods when they are incompetent to consent
 3668  to treatment.
 3669         (c) There must be a clear process so that treatment
 3670  providers can abide by an individual’s treatment choices.
 3671         Section 30. Section 765.403, Florida Statutes, is created
 3672  to read:
 3673         765.403 Definitions.As used in this part, the term:
 3674         (1) “Adult” means any individual who has attained the age
 3675  of majority or is an emancipated minor.
 3676         (2) “Capacity” means that an adult has not been found to be
 3677  incapacitated pursuant to s. 394.463.
 3678         (3) “Health care facility” means a hospital, nursing home,
 3679  hospice, home health agency, or health maintenance organization
 3680  licensed in this state, or any facility subject to part I of
 3681  chapter 394.
 3682         (4) “Incapacity” or “incompetent” means an adult who is:
 3683         (a)Unable to understand the nature, character, and
 3684  anticipated results of proposed treatment or alternatives or the
 3685  recognized serious possible risks, complications, and
 3686  anticipated benefits of treatments and alternatives, including
 3687  nontreatment;
 3688         (b)Physically or mentally unable to communicate a willful
 3689  and knowing decision about mental health care or substance abuse
 3690  treatment;
 3691         (c)Unable to communicate his or her understanding or
 3692  treatment decisions; or
 3693         (d)Determined incompetent pursuant to s. 394.463.
 3694         (5) “Informed consent” means consent voluntarily given by a
 3695  person after a sufficient explanation and disclosure of the
 3696  subject matter involved to enable that person to have a general
 3697  understanding of the treatment or procedure and the medically
 3698  acceptable alternatives, including the substantial risks and
 3699  hazards inherent in the proposed treatment or procedures or
 3700  nontreatment, and to make knowing mental health care or
 3701  substance abuse treatment decisions without coercion or undue
 3702  influence.
 3703         (6) “Interested person” means, for the purposes of this
 3704  chapter, any person who may reasonably be expected to be
 3705  affected by the outcome of the particular proceeding involved,
 3706  including anyone interested in the welfare of an incapacitated
 3707  person.
 3708         (7) “Mental health or substance abuse treatment advance
 3709  directive” means a written document in which the principal makes
 3710  a declaration of instructions or preferences or appoints a
 3711  surrogate to make decisions on behalf of the principal regarding
 3712  the principal’s mental health or substance abuse treatment, or
 3713  both.
 3714         (8) “Mental health professional” means a psychiatrist,
 3715  psychologist, psychiatric nurse, or social worker, and such
 3716  other mental health professionals licensed pursuant to chapter
 3717  458, chapter 459, chapter 464, chapter 490, or chapter 491.
 3718         (9) “Principal” means a competent adult who executes a
 3719  mental health or substance abuse treatment advance directive and
 3720  on whose behalf mental health care or substance abuse treatment
 3721  decisions are to be made.
 3722         (10) “Surrogate” means any competent adult expressly
 3723  designated by a principal to make mental health care or
 3724  substance abuse treatment decisions on behalf of the principal
 3725  as set forth in the principal’s mental health or substance abuse
 3726  treatment advance directive or self-binding arrangement as those
 3727  terms are defined in this part.
 3728         Section 31. Section 765.405, Florida Statutes, is created
 3729  to read:
 3730         765.405 Mental health or substance abuse treatment advance
 3731  directive; execution; allowable provisions.
 3732         (1) An adult with capacity may execute a mental health or
 3733  substance abuse treatment advance directive.
 3734         (2) A directive executed in accordance with this section is
 3735  presumed to be valid. The inability to honor one or more
 3736  provisions of a directive does not affect the validity of the
 3737  remaining provisions.
 3738         (3) A directive may include any provision relating to
 3739  mental health or substance abuse treatment or the care of the
 3740  principal. Without limitation, a directive may include:
 3741         (a) The principal’s preferences and instructions for mental
 3742  health or substance abuse treatment.
 3743         (b) Consent to specific types of mental health or substance
 3744  abuse treatment.
 3745         (c) Refusal to consent to specific types of mental health
 3746  or substance abuse treatment.
 3747         (d) Descriptions of situations that may cause the principal
 3748  to experience a mental health or substance abuse crisis.
 3749         (e) Suggested alternative responses that may supplement or
 3750  be in lieu of direct mental health or substance abuse treatment,
 3751  such as treatment approaches from other providers.
 3752         (f) The principal’s nomination of a guardian, limited
 3753  guardian, or guardian advocate as provided chapter 744.
 3754         (4) A directive may be combined with or be independent of a
 3755  nomination of a guardian, other durable power of attorney, or
 3756  other advance directive.
 3757         Section 32. Section 765.406, Florida Statutes, is created
 3758  to read:
 3759         765.406 Execution of a mental health or substance abuse
 3760  advance directive; effective date; expiration.
 3761         (1) A directive must:
 3762         (a) Be in writing.
 3763         (b) Contain language that clearly indicates that the
 3764  principal intends to create a directive.
 3765         (c) Be dated and signed by the principal or, if the
 3766  principal is unable to sign, at the principal’s direction in the
 3767  principal’s presence.
 3768         (d) Be witnessed by two adults, each of whom must declare
 3769  that he or she personally knows the principal and was present
 3770  when the principal dated and signed the directive, and that the
 3771  principal did not appear to be incapacitated or acting under
 3772  fraud, undue influence, or duress. The person designated as the
 3773  surrogate may not act as a witness to the execution of the
 3774  document designating the mental health or substance abuse care
 3775  treatment surrogate. At least one person who acts as a witness
 3776  must be neither the principal’s spouse nor his or her blood
 3777  relative.
 3778         (2) A directive is valid upon execution, but all or part of
 3779  the directive may take effect at a later date as designated by
 3780  the principal in the directive.
 3781         (3) A directive may:
 3782         (a) Be revoked, in whole or in part, pursuant to s.
 3783  765.407; or
 3784         (b) Expire under its own terms.
 3785         (4) A directive does not or may not:
 3786         (a) Create an entitlement to mental health, substance
 3787  abuse, or medical treatment or supersede a determination of
 3788  medical necessity.
 3789         (b) Obligate any health care provider, professional person,
 3790  or health care facility to pay the costs associated with the
 3791  treatment requested.
 3792         (c) Obligate a health care provider, professional person,
 3793  or health care facility to be responsible for the nontreatment
 3794  or personal care of the principal or the principal’s personal
 3795  affairs outside the scope of services the facility normally
 3796  provides.
 3797         (d) Replace or supersede any will or testamentary document
 3798  or supersede the provision of intestate succession.
 3799         (e) Be revoked by an incapacitated principal unless that
 3800  principal selected the option to permit revocation while
 3801  incapacitated at the time his or her directive was executed.
 3802         Section 33. Section 765.407, Florida Statutes, is created
 3803  to read:
 3804         765.407 Revocation; waiver.
 3805         (1) A principal with capacity may, by written statement of
 3806  the principal or at the principal’s direction in the principal’s
 3807  presence, revoke a directive in whole or in part.
 3808         (2) The principal shall provide a copy of his or her
 3809  written statement of revocation to his or her agent, if any, and
 3810  to each health care provider, professional person, or health
 3811  care facility that received a copy of the directive from the
 3812  principal.
 3813         (3) The written statement of revocation is effective as to
 3814  a health care provider, professional person, or health care
 3815  facility upon receipt. The professional person, health care
 3816  provider, or health care facility, or persons acting under their
 3817  direction, shall make the statement of revocation part of the
 3818  principal’s medical record.
 3819         (4) A directive also may:
 3820         (a) Be revoked, in whole or in part, expressly or to the
 3821  extent of any inconsistency, by a subsequent directive; or
 3822         (b) Be superseded or revoked by a court order, including
 3823  any order entered in a criminal matter. The individual’s family,
 3824  the health care facility, the attending physician, or any other
 3825  interested person who may be directly affected by the
 3826  surrogate’s decision concerning any health care may seek
 3827  expedited judicial intervention pursuant to rule 5.900 of the
 3828  Florida Probate Rules, if that person believes:
 3829         1. The surrogate’s decision is not in accord with the
 3830  individual’s known desires;
 3831         2. The advance directive is ambiguous, or the individual
 3832  has changed his or her mind after execution of the advance
 3833  directive;
 3834         3. The surrogate was improperly designated or appointed, or
 3835  the designation of the surrogate is no longer effective or has
 3836  been revoked;
 3837         4. The surrogate has failed to discharge duties, or
 3838  incapacity or illness renders the surrogate incapable of
 3839  discharging duties;
 3840         5. The surrogate has abused powers; or
 3841         6. The individual has sufficient capacity to make his or
 3842  her own health care decisions.
 3843         (5) A directive that would have otherwise expired but is
 3844  effective because the principal is incapacitated remains
 3845  effective until the principal is no longer incapacitated unless
 3846  the principal elected to be able to revoke while incapacitated
 3847  and has revoked the directive.
 3848         (6) When a principal with capacity consents to treatment
 3849  that differs from, or refuses treatment consented to in, his or
 3850  her directive, the consent or refusal constitutes a waiver of a
 3851  particular provision and does not constitute a revocation of the
 3852  provision or the directive unless that principal also revokes
 3853  the provision or directive.
 3854         Section 34. Section 765.410, Florida Statutes, is created
 3855  to read:
 3856         765.410 Immunity from liability; weight of proof;
 3857  presumption.—
 3858         (1) A health care facility, provider, or other person who
 3859  acts under the direction of a health care facility or provider
 3860  is not subject to criminal prosecution or civil liability, and
 3861  may not be deemed to have engaged in unprofessional conduct, as
 3862  a result of carrying out a mental health care or substance abuse
 3863  treatment decision made in accordance with this section. The
 3864  surrogate who makes a mental health care or substance abuse
 3865  treatment decision on a principal’s behalf, pursuant to this
 3866  section, is not subject to criminal prosecution or civil
 3867  liability for such action.
 3868         (2) This section applies unless it is shown by a
 3869  preponderance of the evidence that the person authorizing or
 3870  carrying out a mental health or substance abuse treatment
 3871  decision did not, in good faith, comply with this section.
 3872         Section 35. Section 765.411, Florida Statutes, is created
 3873  to read:
 3874         765.411Recognition of mental health and substance abuse
 3875  treatment advance directive executed in another state.—A mental
 3876  health or substance abuse treatment advance directive executed
 3877  in another state in compliance with the law of that state is
 3878  validly executed for the purposes of this chapter.
 3879         Section 36. Section 916.185, Florida Statutes, is created
 3880  to read:
 3881         916.185Forensic Hospital Diversion Pilot Program.—
 3882         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 3883  that many jail inmates who have serious mental illnesses and who
 3884  are committed to state forensic mental health treatment
 3885  facilities for restoration of competency to proceed could be
 3886  served more effectively and at less cost in community-based
 3887  alternative programs. The Legislature further finds that many
 3888  individuals who have serious mental illnesses and who have been
 3889  discharged from state forensic mental health treatment
 3890  facilities could avoid recidivism in the criminal justice and
 3891  forensic mental health systems if they received specialized
 3892  treatment in the community. Therefore, it is the intent of the
 3893  Legislature to create the Forensic Hospital Diversion Pilot
 3894  Program to serve individuals who have mental illnesses or co
 3895  occurring mental illnesses and substance use disorders and who
 3896  are admitted to or are at risk of entering state forensic mental
 3897  health treatment facilities, prisons, jails, or state civil
 3898  mental health treatment facilities.
 3899         (2) DEFINITIONS.—As used in this section, the term:
 3900         (a) “Best practices” means treatment services that
 3901  incorporate the most effective and acceptable interventions
 3902  available in the care and treatment of individuals who are
 3903  diagnosed as having mental illnesses or co-occurring mental
 3904  illnesses and substance use disorders.
 3905         (b) “Community forensic system” means the community mental
 3906  health and substance use forensic treatment system, including
 3907  the comprehensive set of services and supports provided to
 3908  individuals involved in or at risk of becoming involved in the
 3909  criminal justice system.
 3910         (c) “Evidence-based practices” means interventions and
 3911  strategies that, based on the best available empirical research,
 3912  demonstrate effective and efficient outcomes in the care and
 3913  treatment of individuals who are diagnosed as having mental
 3914  illnesses or co-occurring mental illnesses and substance use
 3915  disorders.
 3916         (3) CREATION.—There is created a Forensic Hospital
 3917  Diversion Pilot Program to provide, when appropriate,
 3918  competency-restoration and community-reintegration services in
 3919  locked residential treatment facilities, based on considerations
 3920  of public safety, the needs of the individual, and available
 3921  resources.
 3922         (a) The department shall implement a Forensic Hospital
 3923  Diversion Pilot Program in Alachua, Broward, Escambia,
 3924  Hillsborough, and Miami-Dade Counties, in conjunction with the
 3925  Eighth Judicial Circuit, the Seventeenth Judicial Circuit, the
 3926  First Judicial Circuit, the Thirteenth Judicial Circuit, and the
 3927  Eleventh Judicial Circuit, respectively, which shall be modeled
 3928  after the Miami-Dade Forensic Alternative Center, taking into
 3929  account local needs and subject to the availability of local
 3930  resources.
 3931         (b) In creating and implementing the program, the
 3932  department shall include a comprehensive continuum of care and
 3933  services which uses evidence-based practices and best practices
 3934  to treat individuals who have mental health and co-occurring
 3935  substance use disorders.
 3936         (c) The department and the respective judicial circuits
 3937  shall implement this section within available resources. State
 3938  funding may be made available through a specific appropriation.
 3939         (4) ELIGIBILITY.—Participation in the Forensic Hospital
 3940  Diversion Pilot Program is limited to individuals who:
 3941         (a) Are 18 years of age or older;
 3942         (b) Are charged with a felony of the second degree or a
 3943  felony of the third degree;
 3944         (c) Do not have a significant history of violent criminal
 3945  offenses;
 3946         (d) Have been adjudicated incompetent to proceed to trial
 3947  or not guilty by reason of insanity under this part;
 3948         (e) Meet public safety and treatment criteria established
 3949  by the department for placement in a community setting; and
 3950         (f) Would be admitted to a state mental health treatment
 3951  facility if not for the availability of the Forensic Hospital
 3952  Diversion Pilot Program.
 3953         (5) TRAINING.—The Legislature encourages the Florida
 3954  Supreme Court, in consultation and cooperation with the Task
 3955  Force on Substance Abuse and Mental Health Issues in the Courts,
 3956  to develop educational training on the community forensic system
 3957  for judges in the pilot program areas.
 3958         (6) RULEMAKING.—The department may adopt rules to
 3959  administer this section.
 3960         (7) REPORT.—The Office of Program Policy Analysis and
 3961  Government Accountability shall review and evaluate the Forensic
 3962  Hospital Diversion Pilot Program and submit a report to the
 3963  Governor, the President of the Senate, and the Speaker of the
 3964  House of Representatives by December 31, 2016. The report shall
 3965  examine the efficiency and cost-effectiveness of providing
 3966  forensic mental health services in secure, outpatient,
 3967  community-based settings. In addition, the report shall examine
 3968  the impact of the Forensic Hospital Diversion Pilot Program on
 3969  public health and safety.
 3970         Section 37. Section 944.805, Florida Statutes, is created
 3971  to read:
 3972         944.805Nonviolent offender reentry program.—
 3973         (1) As used in this section, the term:
 3974         (a) “Department” means the Department of Corrections.
 3975         (b) “Nonviolent offender” means an offender whose primary
 3976  offense is a felony of the third degree, who is not the subject
 3977  of a domestic violence injunction currently in force, and who
 3978  has never been convicted of:
 3979         1. A forcible felony as defined in s. 776.08;
 3980         2. An offense specified in s. 775.082(9)(a)1.r., regardless
 3981  of prior incarceration or release;
 3982         3. An offense described in chapter 847;
 3983         4. An offense under chapter 827;
 3984         5. Any offense specified in s. 784.07, s. 784.074, s.
 3985  784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085;
 3986         6. Any offense involving the possession or use of a
 3987  firearm;
 3988         7. A capital felony or a felony of the first or second
 3989  degree;
 3990         8. Any offense that requires a person to register as a
 3991  sexual offender pursuant to s. 943.0435.
 3992         (2)(a) The department shall develop and administer a
 3993  reentry program for nonviolent offenders. The reentry program
 3994  must include prison-based substance abuse treatment, general
 3995  education development and adult basic education courses,
 3996  vocational training, training in decisionmaking and personal
 3997  development, and other rehabilitation programs.
 3998         (b) The reentry program is intended to divert nonviolent
 3999  offenders from long periods of incarceration when a reduced
 4000  period of incarceration supplemented by participation in
 4001  intensive substance abuse treatment and rehabilitative
 4002  programming could produce the same deterrent effect, protect the
 4003  public, rehabilitate the offender, and reduce recidivism.
 4004         (c) The nonviolent offender must serve at least 6 months in
 4005  the reentry program. The offender may not count any portion of
 4006  his or her sentence served before placement in the reentry
 4007  program as progress toward program completion.
 4008         (d) A reentry program may be operated in a secure area in
 4009  or adjacent to a correctional institution.
 4010         (3) The department shall screen offenders committed to the
 4011  department for eligibility to participate in the reentry program
 4012  using the criteria in this section. To be eligible, an offender
 4013  must be a nonviolent offender, must have served at least one
 4014  half of his or her original sentence, and must have been
 4015  identified as needing substance abuse treatment.
 4016         (4) In addition, the department must consider the following
 4017  factors when selecting participants for the reentry program:
 4018         (a) The offender’s history of disciplinary reports.
 4019         (b) The offender’s criminal history.
 4020         (c) The severity of the offender’s addiction.
 4021         (d) The offender’s history of criminal behavior related to
 4022  substance abuse.
 4023         (e) Whether the offender has participated or requested to
 4024  participate in any general educational development certificate
 4025  program or other educational, technical, work, vocational, or
 4026  self-rehabilitation program.
 4027         (f) The results of any risk assessment of the offender.
 4028         (g) The outcome of all past participation of the offender
 4029  in substance abuse treatment programs.
 4030         (h) The possible rehabilitative benefits that substance
 4031  abuse treatment, educational programming, vocational training,
 4032  and other rehabilitative programming might have on the offender.
 4033         (i) The likelihood that the offender’s participation in the
 4034  program will produce the same deterrent effect, protect the
 4035  public, save taxpayer dollars, and prevent or delay recidivism
 4036  to an equal or greater extent than completion of the sentence
 4037  previously imposed.
 4038         (5)(a) If an offender volunteers to participate in the
 4039  reentry program, meets the eligibility criteria, and is selected
 4040  by the department based on the considerations in subsection (4)
 4041  and if space is available in the reentry program, the department
 4042  may request the sentencing court to approve the offender’s
 4043  participation in the reentry program. The request must be made
 4044  in writing, must include a brief summation of the department’s
 4045  evaluation under subsection (4), and must identify the documents
 4046  or other information upon which the evaluation is based. The
 4047  request and all accompanying documents may be delivered to the
 4048  sentencing court electronically.
 4049         (b)1. The department shall notify the state attorney that
 4050  the offender is being considered for placement in the reentry
 4051  program. The notice must include a copy of all documents
 4052  provided with the request to the court. The notice and all
 4053  accompanying documents may be delivered to the state attorney
 4054  electronically and may take the form of a copy of an electronic
 4055  delivery made to the sentencing court.
 4056         2. The notice must also state that the state attorney may
 4057  notify the sentencing court in writing of any objection he or
 4058  she may have to placement of the nonviolent offender in the
 4059  reentry program. Such notification must be made within 15 days
 4060  after receipt of the notice by the state attorney from the
 4061  department. Regardless of whether an objection is raised, the
 4062  state attorney may provide the sentencing court with any
 4063  information supplemental or contrary to the information provided
 4064  by the department which may assist the court in its
 4065  determination.
 4066         (c) In determining whether to approve a nonviolent offender
 4067  for participation in the reentry program, the sentencing court
 4068  may consider any facts that the court considers relevant,
 4069  including, but not limited to, the criteria listed in subsection
 4070  (4); the original sentencing report and any evidence admitted in
 4071  a previous sentencing proceeding; the offender’s record of
 4072  arrests without conviction for crimes; any other evidence of
 4073  allegations of unlawful conduct or the use of violence by the
 4074  offender; the offender’s family ties, length of residence in the
 4075  community, employment history, and mental condition; the
 4076  likelihood that participation in the program will produce the
 4077  same deterrent effect, rehabilitate the offender, and prevent or
 4078  delay recidivism to an equal or greater extent than completion
 4079  of the sentence previously imposed; and the likelihood that the
 4080  offender will engage again in criminal conduct.
 4081         (d) The sentencing court shall notify the department in
 4082  writing of the court’s decision to approve or disapprove the
 4083  requested placement of the nonviolent offender no later than 30
 4084  days after the court receives the department’s request to place
 4085  the offender in the reentry program. If the court approves the
 4086  placement, the notification must list the factors upon which the
 4087  court relied in making its determination.
 4088         (6) After the nonviolent offender is admitted to the
 4089  reentry program, he or she shall undergo a complete substance
 4090  abuse assessment to determine his or her substance abuse
 4091  treatment needs. The offender shall also receive an educational
 4092  assessment, which must be accomplished using the Test of Adult
 4093  Basic Education or any other testing instrument approved by the
 4094  Department of Education. Each offender who has not obtained a
 4095  high school diploma shall be enrolled in an adult education
 4096  program designed to aid the offender in improving his or her
 4097  academic skills and earning a high school diploma. Additional
 4098  assessments of the offender’s vocational skills and future
 4099  career education shall be provided to the offender as needed. A
 4100  periodic reevaluation shall be made to assess the progress of
 4101  each offender.
 4102         (7)(a) If a nonviolent offender in the reentry program
 4103  becomes unmanageable, the department may revoke the offender’s
 4104  gain-time and place the offender in disciplinary confinement in
 4105  accordance with department rule. Except as provided in paragraph
 4106  (b), the offender shall be readmitted to the reentry program
 4107  after completing the ordered discipline. Any period during which
 4108  the offender cannot participate in the reentry program must be
 4109  excluded from the specified time requirements in the reentry
 4110  program.
 4111         (b) The department may terminate an offender from the
 4112  reentry program if:
 4113         1. The offender commits or threatens to commit a violent
 4114  act;
 4115         2. The department determines that the offender cannot
 4116  participate in the reentry program because of the offender’s
 4117  medical condition;
 4118         3. The offender’s sentence is modified or expires;
 4119         4. The department reassigns the offender’s classification
 4120  status; or
 4121         5. The department determines that removing the offender
 4122  from the reentry program is in the best interest of the offender
 4123  or the security of the reentry program facility.
 4124         (8)(a) The department shall submit a report to the
 4125  sentencing court at least 30 days before the nonviolent offender
 4126  is scheduled to complete the reentry program. The report must
 4127  describe the offender’s performance in the reentry program and
 4128  certify whether the performance is satisfactory. The court may
 4129  schedule a hearing to consider any modification to the imposed
 4130  sentence. Notwithstanding the eligibility criteria contained in
 4131  s. 948.20, if the offender’s performance is satisfactory to the
 4132  department and the court, the court shall issue an order
 4133  modifying the sentence imposed and placing the offender on drug
 4134  offender probation, as described in s. 948.20(2), subject to the
 4135  department’s certification of the offender’s successful
 4136  completion of the remainder of the reentry program. The term of
 4137  drug offender probation must not be less than the remaining time
 4138  the offender would have served in prison had he or she not
 4139  participated in the program. A condition of drug offender
 4140  probation may include electronic monitoring or placement in a
 4141  community residential or nonresidential licensed substance abuse
 4142  treatment facility under the jurisdiction of the department or
 4143  the Department of Children and Families or any public or private
 4144  entity providing such services. The order must include findings
 4145  that the offender’s performance is satisfactory, that the
 4146  requirements for resentencing under this section are satisfied,
 4147  and that public safety will not be compromised. If the
 4148  nonviolent offender violates the conditions of drug offender
 4149  probation, the court may revoke probation and impose any
 4150  sentence that it might have originally imposed. An offender may
 4151  not be released from the custody of the department under this
 4152  section except pursuant to a judicial order modifying his or her
 4153  sentence.
 4154         (b) If an offender released pursuant to paragraph (a)
 4155  intends to reside in a county that has established a
 4156  postadjudicatory drug court program as described in s. 397.334,
 4157  the sentencing court may require the offender to successfully
 4158  complete the postadjudicatory drug court program as a condition
 4159  of drug offender probation. The original sentencing court shall
 4160  relinquish jurisdiction of the offender’s case to the
 4161  postadjudicatory drug court program until the offender is no
 4162  longer active in the program, the case is returned to the
 4163  sentencing court due to the offender’s termination from the
 4164  program for failure to comply with the terms of the program, or
 4165  the offender’s sentence is completed. An offender who is
 4166  transferred to a postadjudicatory drug court program shall
 4167  comply with all conditions and orders of the program.
 4168         (9) The department shall implement the reentry program to
 4169  the fullest extent feasible within available resources.
 4170         (10) The department may enter into performance-based
 4171  contracts with qualified individuals, agencies, or corporations
 4172  for the provision of any or all of the services for the reentry
 4173  program. However, an offender may not be released from the
 4174  custody of the department under this section except pursuant to
 4175  a judicial order modifying a sentence.
 4176         (11) A nonviolent offender in the reentry program is
 4177  subject to rules of conduct established by the department and
 4178  may have sanctions imposed, including loss of privileges,
 4179  restrictions, disciplinary confinement, alteration of release
 4180  plans, or other program modifications in keeping with the nature
 4181  and gravity of the program violation. Administrative or
 4182  protective confinement, as necessary, may be imposed.
 4183         (12) This section does not create or confer any right to
 4184  any offender to placement in the reentry program or any right to
 4185  placement or early release under supervision of any type. An
 4186  inmate does not have a cause of action under this section
 4187  against the department, a court, or the state attorney related
 4188  to the reentry program.
 4189         (13) The department may establish a system of incentives
 4190  within the reentry program which the department may use to
 4191  promote participation in rehabilitative programs and the orderly
 4192  operation of institutions and facilities.
 4193         (14) The department shall develop a system for tracking
 4194  recidivism, including, but not limited to, rearrests and
 4195  recommitment of nonviolent offenders who successfully complete
 4196  the reentry program, and shall report the recidivism rate in the
 4197  annual report required under this section.
 4198         (15) The department shall submit an annual report to the
 4199  Governor, the President of the Senate, and the Speaker of the
 4200  House of Representatives detailing the extent of implementation
 4201  of the reentry program and the number of participants who are
 4202  selected by the department, the number of participants who are
 4203  approved by the court, and the number of participants who
 4204  successfully complete the program. The report must include a
 4205  reasonable estimate or description of the additional public
 4206  costs incurred and any public funds saved with respect to each
 4207  participant, a brief description of each sentence modification,
 4208  and a brief description of the subsequent criminal history, if
 4209  any, of each participant following any modification of sentence
 4210  under this section. The report must also include future goals
 4211  and any recommendations that the department has for future
 4212  legislative action.
 4213         (16) The department shall adopt rules as necessary to
 4214  administer the reentry program.
 4215         (17) Nothing in this section is severable from the
 4216  remaining provisions of this section. If any subsection of this
 4217  section is determined by any state or federal court to be not
 4218  fully enforceable, this section shall stand repealed in its
 4219  entirety.
 4220         Section 38. Paragraph (a) of subsection (7) of section
 4221  948.08, Florida Statutes, is amended to read:
 4222         948.08 Pretrial intervention program.—
 4223         (7)(a) Notwithstanding any provision of this section, a
 4224  person who is charged with a felony, other than a felony listed
 4225  in s. 948.06(8)(c), and identified as a veteran, as defined in
 4226  s. 1.01, including a veteran who was discharged or released
 4227  under a general discharge, or servicemember, as defined in s.
 4228  250.01, who suffers from a military service-related mental
 4229  illness, traumatic brain injury, substance abuse disorder, or
 4230  psychological problem, is eligible for voluntary admission into
 4231  a pretrial veterans’ treatment intervention program approved by
 4232  the chief judge of the circuit, upon motion of either party or
 4233  the court’s own motion, except:
 4234         1. If a defendant was previously offered admission to a
 4235  pretrial veterans’ treatment intervention program at any time
 4236  before trial and the defendant rejected that offer on the
 4237  record, the court may deny the defendant’s admission to such a
 4238  program.
 4239         2. If a defendant previously entered a court-ordered
 4240  veterans’ treatment program, the court may deny the defendant’s
 4241  admission into the pretrial veterans’ treatment program.
 4242         Section 39. Paragraph (a) of subsection (2) of section
 4243  948.16, Florida Statutes, is amended to read:
 4244         948.16 Misdemeanor pretrial substance abuse education and
 4245  treatment intervention program; misdemeanor pretrial veterans’
 4246  treatment intervention program.—
 4247         (2)(a) A veteran, as defined in s. 1.01, including a
 4248  veteran who was discharged or released under a general
 4249  discharge, or servicemember, as defined in s. 250.01, who
 4250  suffers from a military service-related mental illness,
 4251  traumatic brain injury, substance abuse disorder, or
 4252  psychological problem, and who is charged with a misdemeanor is
 4253  eligible for voluntary admission into a misdemeanor pretrial
 4254  veterans’ treatment intervention program approved by the chief
 4255  judge of the circuit, for a period based on the program’s
 4256  requirements and the treatment plan for the offender, upon
 4257  motion of either party or the court’s own motion. However, the
 4258  court may deny the defendant admission into a misdemeanor
 4259  pretrial veterans’ treatment intervention program if the
 4260  defendant has previously entered a court-ordered veterans’
 4261  treatment program.
 4262         Section 40. Section 948.21, Florida Statutes, is amended to
 4263  read:
 4264         948.21 Condition of probation or community control;
 4265  military servicemembers and veterans.—
 4266         (1) Effective for a probationer or community controllee
 4267  whose crime was committed on or after July 1, 2012, and who is a
 4268  veteran, as defined in s. 1.01, or servicemember, as defined in
 4269  s. 250.01, who suffers from a military service-related mental
 4270  illness, traumatic brain injury, substance abuse disorder, or
 4271  psychological problem, the court may, in addition to any other
 4272  conditions imposed, impose a condition requiring the probationer
 4273  or community controllee to participate in a treatment program
 4274  capable of treating the probationer or community controllee’s
 4275  mental illness, traumatic brain injury, substance abuse
 4276  disorder, or psychological problem.
 4277         (2) Effective for a probationer or community controllee
 4278  whose crime was committed on or after July 1, 2015, and who is a
 4279  veteran, as defined in s. 1.01, including a veteran who was
 4280  discharged or released under a general discharge, or a
 4281  servicemember, as defined in s. 250.01, who suffers from a
 4282  military service-related mental illness, traumatic brain injury,
 4283  substance abuse disorder, or psychological problem, the court
 4284  may impose, in addition to any other conditions imposed, a
 4285  condition requiring the probationer or community controllee to
 4286  participate in a treatment program established to treat the
 4287  probationer or community controllee’s mental illness, traumatic
 4288  brain injury, substance abuse disorder, or psychological
 4289  problem.
 4290         (3) The court shall give preference to treatment programs
 4291  for which the probationer or community controllee is eligible
 4292  through the United States Department of Veterans Affairs or the
 4293  Florida Department of Veterans’ Affairs. The Department of
 4294  Corrections is not required to spend state funds to implement
 4295  this section.
 4296         Section 41. Paragraph (l) is added to subsection (3) of
 4297  section 1002.20, Florida Statutes, to read:
 4298         1002.20 K-12 student and parent rights.—Parents of public
 4299  school students must receive accurate and timely information
 4300  regarding their child’s academic progress and must be informed
 4301  of ways they can help their child to succeed in school. K-12
 4302  students and their parents are afforded numerous statutory
 4303  rights including, but not limited to, the following:
 4304         (3) HEALTH ISSUES.—
 4305         (l) Notification of involuntary examinations.—The public
 4306  school principal or the principal’s designee shall immediately
 4307  notify the parent of a student who is removed from school,
 4308  school transportation, or a school-sponsored activity and taken
 4309  to a receiving facility for an involuntary examination pursuant
 4310  to s. 394.463. The principal or the principal’s designee may
 4311  delay notification for no more than 24 hours after the student
 4312  is removed from school if the principal or designee deems the
 4313  delay to be in the student’s best interest and if a report has
 4314  been submitted to the central abuse hotline, pursuant to s.
 4315  39.201, based upon knowledge or suspicion of abuse, abandonment,
 4316  or neglect. Each district school board shall develop a policy
 4317  and procedures for notification under this paragraph.
 4318         Section 42. Paragraph (q) is added to subsection (9) of
 4319  section 1002.33, Florida Statutes, to read:
 4320         1002.33 Charter schools.—
 4321         (9) CHARTER SCHOOL REQUIREMENTS.—
 4322         (q) The charter school principal or the principal’s
 4323  designee shall immediately notify the parent of a student who is
 4324  removed from school, school transportation, or a school
 4325  sponsored activity and taken to a receiving facility for an
 4326  involuntary examination pursuant to s. 394.463. The principal or
 4327  the principal’s designee may delay notification for no more than
 4328  24 hours after the student is removed from school if the
 4329  principal or designee deems the delay to be in the student’s
 4330  best interest and if a report has been submitted to the central
 4331  abuse hotline, pursuant to s. 39.201, based upon knowledge or
 4332  suspicion of abuse, abandonment, or neglect. Each charter school
 4333  governing board shall develop a policy and procedures for
 4334  notification under this paragraph.
 4335         Section 43. Effective July 1, 2016, paragraph (a) of
 4336  subsection (3) of section 39.407, Florida Statutes, is amended
 4337  to read:
 4338         39.407 Medical, psychiatric, and psychological examination
 4339  and treatment of child; physical, mental, or substance abuse
 4340  examination of person with or requesting child custody.—
 4341         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 4342  or paragraph (e), before the department provides psychotropic
 4343  medications to a child in its custody, the prescribing physician
 4344  shall attempt to obtain express and informed consent, as defined
 4345  in s. 394.455(13) s. 394.455(9) and as described in s.
 4346  394.459(4)(a) s. 394.459(3)(a), from the child’s parent or legal
 4347  guardian. The department must take steps necessary to facilitate
 4348  the inclusion of the parent in the child’s consultation with the
 4349  physician. However, if the parental rights of the parent have
 4350  been terminated, the parent’s location or identity is unknown or
 4351  cannot reasonably be ascertained, or the parent declines to give
 4352  express and informed consent, the department may, after
 4353  consultation with the prescribing physician, seek court
 4354  authorization to provide the psychotropic medications to the
 4355  child. Unless parental rights have been terminated and if it is
 4356  possible to do so, the department shall continue to involve the
 4357  parent in the decisionmaking process regarding the provision of
 4358  psychotropic medications. If, at any time, a parent whose
 4359  parental rights have not been terminated provides express and
 4360  informed consent to the provision of a psychotropic medication,
 4361  the requirements of this section that the department seek court
 4362  authorization do not apply to that medication until such time as
 4363  the parent no longer consents.
 4364         2. Any time the department seeks a medical evaluation to
 4365  determine the need to initiate or continue a psychotropic
 4366  medication for a child, the department must provide to the
 4367  evaluating physician all pertinent medical information known to
 4368  the department concerning that child.
 4369         Section 44. Effective July 1, 2016, subsection (2) of
 4370  section 394.4612, Florida Statutes, is amended to read:
 4371         394.4612 Integrated adult mental health crisis
 4372  stabilization and addictions receiving facilities.—
 4373         (2) An integrated mental health crisis stabilization unit
 4374  and addictions receiving facility may provide services under
 4375  this section to adults who are 18 years of age or older and who
 4376  fall into one or more of the following categories:
 4377         (a) An adult meeting the requirements for voluntary
 4378  admission for mental health treatment under s. 394.4625.
 4379         (b) An adult meeting the criteria for involuntary
 4380  examination for mental illness under s. 394.463.
 4381         (c) An adult qualifying for voluntary admission for
 4382  substance abuse treatment under s. 394.4625 s. 397.601.
 4383         (d) An adult meeting the criteria for involuntary admission
 4384  for substance abuse impairment under s. 394.463 s. 397.675.
 4385         Section 45. Effective July 1, 2016, paragraphs (a) and (c)
 4386  of subsection (3) of section 394.495, Florida Statutes, are
 4387  amended to read:
 4388         394.495 Child and adolescent mental health system of care;
 4389  programs and services.—
 4390         (3) Assessments must be performed by:
 4391         (a) A professional as defined in s. 394.455(6), (31), (34),
 4392  (35), or (36) s. 394.455(2), (4), (21), (23), or (24);
 4393         (c) A person who is under the direct supervision of a
 4394  professional as defined in s. 394.455(6), (31), (34), (35), or
 4395  (36) s. 394.455(2), (4), (21), (23), or (24) or a professional
 4396  licensed under chapter 491.
 4397  
 4398  The department shall adopt by rule statewide standards for
 4399  mental health assessments, which must be based on current
 4400  relevant professional and accreditation standards.
 4401         Section 46. Effective July 1, 2016, subsection (6) of
 4402  section 394.496, Florida Statutes, is amended to read:
 4403         394.496 Service planning.—
 4404         (6) A professional as defined in s. 394.455(6), (31), (34),
 4405  (35), or (36) s. 394.455(2), (4), (21), (23), or (24) or a
 4406  professional licensed under chapter 491 must be included among
 4407  those persons developing the services plan.
 4408         Section 47. Effective July 1, 2016, subsection (2) of
 4409  section 394.499, Florida Statutes, is amended to read:
 4410         394.499 Integrated children’s crisis stabilization
 4411  unit/juvenile addictions receiving facility services.—
 4412         (2) Children eligible to receive integrated children’s
 4413  crisis stabilization unit/juvenile addictions receiving facility
 4414  services include:
 4415         (a) A person under 18 years of age for whom voluntary
 4416  application is made by his or her guardian, if such person is
 4417  found to show evidence of mental illness and to be suitable for
 4418  treatment pursuant to s. 394.4625. A person under 18 years of
 4419  age may be admitted for integrated facility services only after
 4420  a hearing to verify that the consent to admission is voluntary.
 4421         (b) A person under 18 years of age who may be taken to a
 4422  receiving facility for involuntary examination, if there is
 4423  reason to believe that he or she is mentally ill and because of
 4424  his or her mental illness, pursuant to s. 394.463:
 4425         1. Has refused voluntary examination after conscientious
 4426  explanation and disclosure of the purpose of the examination; or
 4427         2. Is unable to determine for himself or herself whether
 4428  examination is necessary; and
 4429         a. Without care or treatment is likely to suffer from
 4430  neglect or refuse to care for himself or herself; such neglect
 4431  or refusal poses a real and present threat of substantial harm
 4432  to his or her well-being; and it is not apparent that such harm
 4433  may be avoided through the help of willing family members or
 4434  friends or the provision of other services; or
 4435         b. There is a substantial likelihood that without care or
 4436  treatment he or she will cause serious bodily harm to himself or
 4437  herself or others in the near future, as evidenced by recent
 4438  behavior.
 4439         (c) A person under 18 years of age who wishes to enter
 4440  treatment for substance abuse and applies to a service provider
 4441  for voluntary admission, pursuant to s. 394.4625(1)(a) s.
 4442  397.601.
 4443         (d) A person under 18 years of age who meets the criteria
 4444  for involuntary admission because there is good faith reason to
 4445  believe the person is substance abuse impaired pursuant to s.
 4446  397.675 and, because of such impairment:
 4447         1. Has lost the power of self-control with respect to
 4448  substance use; and
 4449         2.a. Has inflicted, or threatened or attempted to inflict,
 4450  or unless admitted is likely to inflict, physical harm on
 4451  himself or herself or another; or
 4452         b. Is in need of substance abuse services and, by reason of
 4453  substance abuse impairment, his or her judgment has been so
 4454  impaired that the person is incapable of appreciating his or her
 4455  need for such services and of making a rational decision in
 4456  regard thereto; however, mere refusal to receive such services
 4457  does not constitute evidence of lack of judgment with respect to
 4458  his or her need for such services.
 4459         (d)(e) A person under 18 years of age who meets the
 4460  criteria for examination or admission under paragraph (b) or
 4461  paragraph (d) and has a coexisting mental health and substance
 4462  abuse disorder.
 4463         Section 48. Effective July 1, 2016, subsection (18) of
 4464  section 394.67, Florida Statutes, is amended to read:
 4465         394.67 Definitions.—As used in this part, the term:
 4466         (18) “Person who is experiencing an acute substance abuse
 4467  crisis” means a child, adolescent, or adult who is experiencing
 4468  a medical or emotional crisis because of the use of alcoholic
 4469  beverages or any psychoactive or mood-altering substance. The
 4470  term includes an individual who meets the criteria for
 4471  involuntary admission specified in s. 394.463 s. 397.675.
 4472         Section 49. Effective July 1, 2016, subsection (2) of
 4473  section 394.674, Florida Statutes, is amended to read:
 4474         394.674 Eligibility for publicly funded substance abuse and
 4475  mental health services; fee collection requirements.—
 4476         (2) Crisis services, as defined in s. 394.67, must, within
 4477  the limitations of available state and local matching resources,
 4478  be available to each person who is eligible for services under
 4479  subsection (1), regardless of the person’s ability to pay for
 4480  such services. A person who is experiencing a mental health
 4481  crisis and who does not meet the criteria for involuntary
 4482  examination under s. 394.463(1), or a person who is experiencing
 4483  a substance abuse crisis and who does not meet the involuntary
 4484  admission criteria in s. 394.463 s. 397.675, must contribute to
 4485  the cost of his or her care and treatment pursuant to the
 4486  sliding fee scale developed under subsection (4), unless
 4487  charging a fee is contraindicated because of the crisis
 4488  situation.
 4489         Section 50. Effective July 1, 2016, subsection (6) of
 4490  section 394.9085, Florida Statutes, is amended to read:
 4491         394.9085 Behavioral provider liability.—
 4492         (6) For purposes of this section, the terms “detoxification
 4493  services,” “addictions receiving facility,” and “receiving
 4494  facility” have the same meanings as those provided in ss.
 4495  397.311(18)(a)4., 397.311(18)(a)1., and 394.455(27) 394.455(26),
 4496  respectively.
 4497         Section 51. Effective July 1, 2016, subsection (11) and
 4498  paragraph (a) of subsection (18) of section 397.311, Florida
 4499  Statutes, are amended to read:
 4500         397.311 Definitions.—As used in this chapter, except part
 4501  VIII, the term:
 4502         (11) “Habitual abuser” means a person who is brought to the
 4503  attention of law enforcement for being substance impaired, who
 4504  meets the criteria for involuntary admission in s.394.463 s.
 4505  397.675, and who has been taken into custody for such impairment
 4506  three or more times during the preceding 12 months.
 4507         (18) Licensed service components include a comprehensive
 4508  continuum of accessible and quality substance abuse prevention,
 4509  intervention, and clinical treatment services, including the
 4510  following services:
 4511         (a) “Clinical treatment” means a professionally directed,
 4512  deliberate, and planned regimen of services and interventions
 4513  that are designed to reduce or eliminate the misuse of drugs and
 4514  alcohol and promote a healthy, drug-free lifestyle. As defined
 4515  by rule, “clinical treatment services” include, but are not
 4516  limited to, the following licensable service components:
 4517         1. “Addictions receiving facility” is a secure, acute care
 4518  facility that provides, at a minimum, detoxification and
 4519  stabilization services and; is operated 24 hours per day, 7 days
 4520  per week; and is designated by the department to serve
 4521  individuals found to be substance use impaired as described in
 4522  s. 394.463 s. 397.675 who meet the placement criteria for this
 4523  component.
 4524         2. “Day or night treatment” is a service provided in a
 4525  nonresidential environment, with a structured schedule of
 4526  treatment and rehabilitative services.
 4527         3. “Day or night treatment with community housing” means a
 4528  program intended for individuals who can benefit from living
 4529  independently in peer community housing while participating in
 4530  treatment services for a minimum of 5 hours a day for a minimum
 4531  of 25 hours per week.
 4532         4. “Detoxification” is a service involving subacute care
 4533  that is provided on an inpatient or an outpatient basis to
 4534  assist individuals to withdraw from the physiological and
 4535  psychological effects of substance abuse and who meet the
 4536  placement criteria for this component.
 4537         5. “Intensive inpatient treatment” includes a planned
 4538  regimen of evaluation, observation, medical monitoring, and
 4539  clinical protocols delivered through an interdisciplinary team
 4540  approach provided 24-hours-per-day 24 hours per day, 7-days-per
 4541  week 7 days per week, in a highly structured, live-in
 4542  environment.
 4543         6. “Intensive outpatient treatment” is a service that
 4544  provides individual or group counseling in a more structured
 4545  environment, is of higher intensity and duration than outpatient
 4546  treatment, and is provided to individuals who meet the placement
 4547  criteria for this component.
 4548         7. “Medication-assisted treatment for opiate addiction” is
 4549  a service that uses methadone or other medication as authorized
 4550  by state and federal law, in combination with medical,
 4551  rehabilitative, and counseling services in the treatment of
 4552  individuals who are dependent on opioid drugs.
 4553         8. “Outpatient treatment” is a service that provides
 4554  individual, group, or family counseling by appointment during
 4555  scheduled operating hours for individuals who meet the placement
 4556  criteria for this component.
 4557         9. “Residential treatment” is a service provided in a
 4558  structured live-in environment within a nonhospital setting on a
 4559  24-hours-per-day, 7-days-per-week basis, and is intended for
 4560  individuals who meet the placement criteria for this component.
 4561         Section 52. Effective July 1, 2016, paragraph (b) of
 4562  subsection (2) of section 397.702, Florida Statutes, is amended
 4563  to read:
 4564         397.702 Authorization of local ordinances for treatment of
 4565  habitual abusers in licensed secure facilities.—
 4566         (2) Ordinances for the treatment of habitual abusers must
 4567  provide:
 4568         (b) That when seeking treatment of a habitual abuser, the
 4569  county or municipality, through an officer or agent specified in
 4570  the ordinance, must file with the court a petition which alleges
 4571  the following information about the alleged habitual abuser (the
 4572  respondent):
 4573         1. The name, address, age, and gender of the respondent.
 4574         2. The name of any spouse, adult child, other relative, or
 4575  guardian of the respondent, if known to the petitioner, and the
 4576  efforts, if any, by the petitioner, if any, to ascertain this
 4577  information.
 4578         3. The name of the petitioner, the name of the person who
 4579  has physical custody of the respondent, and the current location
 4580  of the respondent.
 4581         4. That the respondent has been taken into custody for
 4582  impairment in a public place, or has been arrested for an
 4583  offense committed while impaired, three or more times during the
 4584  preceding 12 months.
 4585         5. Specific facts indicating that the respondent meets the
 4586  criteria for involuntary admission in s. 394.463 s. 397.675.
 4587         6. Whether the respondent was advised of his or her right
 4588  to be represented by counsel and to request that the court
 4589  appoint an attorney if he or she is unable to afford one, and
 4590  whether the respondent indicated to petitioner his or her desire
 4591  to have an attorney appointed.
 4592         Section 53. Effective July 1, 2016, paragraph (a) of
 4593  subsection (1) of section 397.94, Florida Statutes, is amended
 4594  to read:
 4595         397.94 Children’s substance abuse services; information and
 4596  referral network.—
 4597         (1) The substate entity shall determine the most cost
 4598  effective method for delivering this service and may select a
 4599  new provider or utilize an existing provider or providers with a
 4600  record of success in providing information and referral
 4601  services.
 4602         (a) The plan must provide assurances that the information
 4603  and referral network will include a resource directory that
 4604  contains information regarding the children’s substance abuse
 4605  services available, including, but not limited to:
 4606         1. Public and private resources by service component,
 4607  including resources for involuntary admissions under s. 394.463
 4608  s. 397.675.
 4609         2. Hours of operation and hours during which services are
 4610  provided.
 4611         3. Ages of persons served.
 4612         4. Description of services.
 4613         5. Eligibility requirements.
 4614         6. Fee schedules.
 4615         Section 54. Section 402.3057, Florida Statutes, is amended
 4616  to read:
 4617         402.3057 Persons not required to be refingerprinted or
 4618  rescreened.—Any provision of law to the contrary
 4619  notwithstanding, human resource personnel who have been
 4620  fingerprinted or screened pursuant to chapters 393, 394, 397,
 4621  402, and 409, and teachers and noninstructional personnel who
 4622  have been fingerprinted pursuant to chapter 1012, who have not
 4623  been unemployed for more than 90 days thereafter, and who under
 4624  the penalty of perjury attest to the completion of such
 4625  fingerprinting or screening and to compliance with the
 4626  provisions of this section and the standards for good moral
 4627  character as contained in such provisions as ss. 110.1127(2)(c),
 4628  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
 4629  shall not be required to be refingerprinted or rescreened in
 4630  order to comply with any caretaker screening or fingerprinting
 4631  requirements.
 4632         Section 55. Section 409.1757, Florida Statutes, is amended
 4633  to read:
 4634         409.1757 Persons not required to be refingerprinted or
 4635  rescreened.—Any law to the contrary notwithstanding, human
 4636  resource personnel who have been fingerprinted or screened
 4637  pursuant to chapters 393, 394, 397, 402, and this chapter,
 4638  teachers who have been fingerprinted pursuant to chapter 1012,
 4639  and law enforcement officers who meet the requirements of s.
 4640  943.13, who have not been unemployed for more than 90 days
 4641  thereafter, and who under the penalty of perjury attest to the
 4642  completion of such fingerprinting or screening and to compliance
 4643  with this section and the standards for good moral character as
 4644  contained in such provisions as ss. 110.1127(2)(c), 393.0655(1),
 4645  394.457(6), 397.451, 402.305(2), 409.175(6), and 943.13(7), are
 4646  not required to be refingerprinted or rescreened in order to
 4647  comply with any caretaker screening or fingerprinting
 4648  requirements.
 4649         Section 56. Effective July 1, 2016, paragraph (b) of
 4650  subsection (1) of section 409.972, Florida Statutes, is amended
 4651  to read:
 4652         409.972 Mandatory and voluntary enrollment.—
 4653         (1) The following Medicaid-eligible persons are exempt from
 4654  mandatory managed care enrollment required by s. 409.965, and
 4655  may voluntarily choose to participate in the managed medical
 4656  assistance program:
 4657         (b) Medicaid recipients residing in residential commitment
 4658  facilities operated through the Department of Juvenile Justice
 4659  or mental health treatment facilities as defined by s.
 4660  394.455(47) s. 394.455(32).
 4661         Section 57. Effective July 1, 2016, subsection (7) of
 4662  section 744.704, Florida Statutes, is amended to read:
 4663         744.704 Powers and duties.—
 4664         (7) A public guardian shall not commit a ward to a mental
 4665  health treatment facility, as defined in s. 394.455(47) s.
 4666  394.455(32), without an involuntary placement proceeding as
 4667  provided by law.
 4668         Section 58. Effective July 1, 2016, paragraph (a) of
 4669  subsection (2) of section 790.065, Florida Statutes, is amended
 4670  to read:
 4671         790.065 Sale and delivery of firearms.—
 4672         (2) Upon receipt of a request for a criminal history record
 4673  check, the Department of Law Enforcement shall, during the
 4674  licensee’s call or by return call, forthwith:
 4675         (a) Review any records available to determine if the
 4676  potential buyer or transferee:
 4677         1. Has been convicted of a felony and is prohibited from
 4678  receipt or possession of a firearm pursuant to s. 790.23;
 4679         2. Has been convicted of a misdemeanor crime of domestic
 4680  violence, and therefore is prohibited from purchasing a firearm;
 4681         3. Has had adjudication of guilt withheld or imposition of
 4682  sentence suspended on any felony or misdemeanor crime of
 4683  domestic violence unless 3 years have elapsed since probation or
 4684  any other conditions set by the court have been fulfilled or
 4685  expunction has occurred; or
 4686         4. Has been adjudicated mentally defective or has been
 4687  committed to a mental institution by a court or as provided in
 4688  sub-sub-subparagraph b.(II), and as a result is prohibited by
 4689  state or federal law from purchasing a firearm.
 4690         a. As used in this subparagraph, “adjudicated mentally
 4691  defective” means a determination by a court that a person, as a
 4692  result of marked subnormal intelligence, or mental illness,
 4693  incompetency, condition, or disease, is a danger to himself or
 4694  herself or to others or lacks the mental capacity to contract or
 4695  manage his or her own affairs. The phrase includes a judicial
 4696  finding of incapacity under s. 744.331(6)(a), an acquittal by
 4697  reason of insanity of a person charged with a criminal offense,
 4698  and a judicial finding that a criminal defendant is not
 4699  competent to stand trial.
 4700         b. As used in this subparagraph, “committed to a mental
 4701  institution” means:
 4702         (I) Involuntary commitment, commitment for mental
 4703  defectiveness or mental illness, and commitment for substance
 4704  abuse. The phrase includes involuntary inpatient placement as
 4705  defined in s. 394.467, involuntary outpatient placement as
 4706  defined in s. 394.4655, involuntary assessment and stabilization
 4707  under s. 394.463(2)(g) s. 397.6818, or and involuntary substance
 4708  abuse treatment under s. 394.463 s. 397.6957, but does not
 4709  include a person in a mental institution for observation or
 4710  discharged from a mental institution based upon the initial
 4711  review by the physician or a voluntary admission to a mental
 4712  institution; or
 4713         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 4714  admission to a mental institution for outpatient or inpatient
 4715  treatment of a person who had an involuntary examination under
 4716  s. 394.463, where each of the following conditions have been
 4717  met:
 4718         (A) An examining physician found that the person is an
 4719  imminent danger to himself or herself or others.
 4720         (B) The examining physician certified that if the person
 4721  did not agree to voluntary treatment, a petition for involuntary
 4722  outpatient or inpatient treatment would have been filed under s.
 4723  394.463(2)(g) s. 394.463(2)(i)4., or the examining physician
 4724  certified that a petition was filed and the person subsequently
 4725  agreed to voluntary treatment prior to a court hearing on the
 4726  petition.
 4727         (C) Before agreeing to voluntary treatment, the person
 4728  received written notice of that finding and certification, and
 4729  written notice that as a result of such finding, he or she may
 4730  be prohibited from purchasing a firearm, and may not be eligible
 4731  to apply for or retain a concealed weapon or firearms license
 4732  under s. 790.06 and the person acknowledged such notice in
 4733  writing, in substantially the following form:
 4734  
 4735         “I understand that the doctor who examined me believes I am
 4736  a danger to myself or to others. I understand that if I do not
 4737  agree to voluntary treatment, a petition will be filed in court
 4738  to require me to receive involuntary treatment. I understand
 4739  that if that petition is filed, I have the right to contest it.
 4740  In the event a petition has been filed, I understand that I can
 4741  subsequently agree to voluntary treatment prior to a court
 4742  hearing. I understand that by agreeing to voluntary treatment in
 4743  either of these situations, I may be prohibited from buying
 4744  firearms and from applying for or retaining a concealed weapons
 4745  or firearms license until I apply for and receive relief from
 4746  that restriction under Florida law.”
 4747  
 4748         (D) A judge or a magistrate has, pursuant to sub-sub
 4749  subparagraph c.(II), reviewed the record of the finding,
 4750  certification, notice, and written acknowledgment classifying
 4751  the person as an imminent danger to himself or herself or
 4752  others, and ordered that such record be submitted to the
 4753  department.
 4754         c. In order to check for these conditions, the department
 4755  shall compile and maintain an automated database of persons who
 4756  are prohibited from purchasing a firearm based on court records
 4757  of adjudications of mental defectiveness or commitments to
 4758  mental institutions.
 4759         (I) Except as provided in sub-sub-subparagraph (II), clerks
 4760  of court shall submit these records to the department within 1
 4761  month after the rendition of the adjudication or commitment.
 4762  Reports shall be submitted in an automated format. The reports
 4763  must, at a minimum, include the name, along with any known alias
 4764  or former name, the sex, and the date of birth of the subject.
 4765         (II) For persons committed to a mental institution pursuant
 4766  to sub-sub-subparagraph b.(II), within 24 hours after the
 4767  person’s agreement to voluntary admission, a record of the
 4768  finding, certification, notice, and written acknowledgment must
 4769  be filed by the administrator of the receiving or treatment
 4770  facility, as defined in s. 394.455, with the clerk of the court
 4771  for the county in which the involuntary examination under s.
 4772  394.463 occurred. No fee shall be charged for the filing under
 4773  this sub-sub-subparagraph. The clerk must present the records to
 4774  a judge or magistrate within 24 hours after receipt of the
 4775  records. A judge or magistrate is required and has the lawful
 4776  authority to review the records ex parte and, if the judge or
 4777  magistrate determines that the record supports the classifying
 4778  of the person as an imminent danger to himself or herself or
 4779  others, to order that the record be submitted to the department.
 4780  If a judge or magistrate orders the submittal of the record to
 4781  the department, the record must be submitted to the department
 4782  within 24 hours.
 4783         d. A person who has been adjudicated mentally defective or
 4784  committed to a mental institution, as those terms are defined in
 4785  this paragraph, may petition the circuit court that made the
 4786  adjudication or commitment, or the court that ordered that the
 4787  record be submitted to the department pursuant to sub-sub
 4788  subparagraph c.(II), for relief from the firearm disabilities
 4789  imposed by such adjudication or commitment. A copy of the
 4790  petition shall be served on the state attorney for the county in
 4791  which the person was adjudicated or committed. The state
 4792  attorney may object to and present evidence relevant to the
 4793  relief sought by the petition. The hearing on the petition may
 4794  be open or closed as the petitioner may choose. The petitioner
 4795  may present evidence and subpoena witnesses to appear at the
 4796  hearing on the petition. The petitioner may confront and cross
 4797  examine witnesses called by the state attorney. A record of the
 4798  hearing shall be made by a certified court reporter or by court
 4799  approved electronic means. The court shall make written findings
 4800  of fact and conclusions of law on the issues before it and issue
 4801  a final order. The court shall grant the relief requested in the
 4802  petition if the court finds, based on the evidence presented
 4803  with respect to the petitioner’s reputation, the petitioner’s
 4804  mental health record and, if applicable, criminal history
 4805  record, the circumstances surrounding the firearm disability,
 4806  and any other evidence in the record, that the petitioner will
 4807  not be likely to act in a manner that is dangerous to public
 4808  safety and that granting the relief would not be contrary to the
 4809  public interest. If the final order denies relief, the
 4810  petitioner may not petition again for relief from firearm
 4811  disabilities until 1 year after the date of the final order. The
 4812  petitioner may seek judicial review of a final order denying
 4813  relief in the district court of appeal having jurisdiction over
 4814  the court that issued the order. The review shall be conducted
 4815  de novo. Relief from a firearm disability granted under this
 4816  sub-subparagraph has no effect on the loss of civil rights,
 4817  including firearm rights, for any reason other than the
 4818  particular adjudication of mental defectiveness or commitment to
 4819  a mental institution from which relief is granted.
 4820         e. Upon receipt of proper notice of relief from firearm
 4821  disabilities granted under sub-subparagraph d., the department
 4822  shall delete any mental health record of the person granted
 4823  relief from the automated database of persons who are prohibited
 4824  from purchasing a firearm based on court records of
 4825  adjudications of mental defectiveness or commitments to mental
 4826  institutions.
 4827         f. The department is authorized to disclose data collected
 4828  pursuant to this subparagraph to agencies of the Federal
 4829  Government and other states for use exclusively in determining
 4830  the lawfulness of a firearm sale or transfer. The department is
 4831  also authorized to disclose this data to the Department of
 4832  Agriculture and Consumer Services for purposes of determining
 4833  eligibility for issuance of a concealed weapons or concealed
 4834  firearms license and for determining whether a basis exists for
 4835  revoking or suspending a previously issued license pursuant to
 4836  s. 790.06(10). When a potential buyer or transferee appeals a
 4837  nonapproval based on these records, the clerks of court and
 4838  mental institutions shall, upon request by the department,
 4839  provide information to help determine whether the potential
 4840  buyer or transferee is the same person as the subject of the
 4841  record. Photographs and any other data that could confirm or
 4842  negate identity must be made available to the department for
 4843  such purposes, notwithstanding any other provision of state law
 4844  to the contrary. Any such information that is made confidential
 4845  or exempt from disclosure by law shall retain such confidential
 4846  or exempt status when transferred to the department.
 4847         Section 59. Effective July 1, 2016, part V of chapter 397,
 4848  Florida Statutes, consisting of ss. 397.675-397.6977, Florida
 4849  Statutes, is repealed.
 4850         Section 60.  Effective July 1, 2016, part IV of chapter
 4851  397, Florida Statutes, consisting of s. 397.601, Florida
 4852  Statutes, is repealed.
 4853         Section 61. For the purpose of incorporating the amendment
 4854  made by this act to section 394.4599, Florida Statutes, in a
 4855  reference thereto, subsection (1) of section 394.4685, Florida
 4856  Statutes, is reenacted to read:
 4857         394.4685 Transfer of patients among facilities.—
 4858         (1) TRANSFER BETWEEN PUBLIC FACILITIES.—
 4859         (a) A patient who has been admitted to a public receiving
 4860  facility, or the family member, guardian, or guardian advocate
 4861  of such patient, may request the transfer of the patient to
 4862  another public receiving facility. A patient who has been
 4863  admitted to a public treatment facility, or the family member,
 4864  guardian, or guardian advocate of such patient, may request the
 4865  transfer of the patient to another public treatment facility.
 4866  Depending on the medical treatment or mental health treatment
 4867  needs of the patient and the availability of appropriate
 4868  facility resources, the patient may be transferred at the
 4869  discretion of the department. If the department approves the
 4870  transfer of an involuntary patient, notice according to the
 4871  provisions of s. 394.4599 shall be given prior to the transfer
 4872  by the transferring facility. The department shall respond to
 4873  the request for transfer within 2 working days after receipt of
 4874  the request by the facility administrator.
 4875         (b) When required by the medical treatment or mental health
 4876  treatment needs of the patient or the efficient utilization of a
 4877  public receiving or public treatment facility, a patient may be
 4878  transferred from one receiving facility to another, or one
 4879  treatment facility to another, at the department’s discretion,
 4880  or, with the express and informed consent of the patient or the
 4881  patient’s guardian or guardian advocate, to a facility in
 4882  another state. Notice according to the provisions of s. 394.4599
 4883  shall be given prior to the transfer by the transferring
 4884  facility. If prior notice is not possible, notice of the
 4885  transfer shall be provided as soon as practicable after the
 4886  transfer.
 4887         Section 62. For the purpose of incorporating the amendment
 4888  made by this act to section 394.4599, Florida Statutes, in a
 4889  reference thereto, subsection (2) of section 394.469, Florida
 4890  Statutes, is reenacted to read:
 4891         394.469 Discharge of involuntary patients.—
 4892         (2) NOTICE.—Notice of discharge or transfer of a patient
 4893  shall be given as provided in s. 394.4599.
 4894         Section 63. Except as otherwise expressly provided in this
 4895  act, this act shall take effect July 1, 2015.