Florida Senate - 2015                   (PROPOSED BILL) SPB 7070
       
       
        
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       
       576-02050B-15                                         20157070pb
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 394.453, F.S.; adding substance abuse
    4         impairment to a list of disorders for which the
    5         Legislature intends to develop treatment programs;
    6         providing that dignity and human rights are guaranteed
    7         to all individuals who are admitted to substance abuse
    8         facilities; amending s. 394.455, F.S.; defining and
    9         redefining terms; amending s. 394.457, F.S.; adding
   10         substance abuse services as a program focus for which
   11         the Department of Children and Families is
   12         responsible; removing the department’s responsibility
   13         for personnel standards; amending s. 394.4573, F.S.;
   14         redefining terms; adding substance abuse care as an
   15         element of the continuity of care management system
   16         that the department must establish; removing duties
   17         and measures of performance of the department
   18         regarding a continuity of care management system;
   19         amending s. 394.459, F.S.; extending a right to
   20         dignity to all individuals held for examination or
   21         admitted for mental health or substance abuse
   22         treatment; providing procedural requirements that must
   23         be followed to detain without consent an individual
   24         who has a mental illness or substance abuse impairment
   25         but who has not been charged with a criminal offense;
   26         providing that individuals held for examination or
   27         admitted for treatment at a facility have a right to
   28         certain evaluation and treatment procedures; removing
   29         provisions regarding express and informed consent for
   30         medical procedures requiring the use of a general
   31         anesthetic or electroconvulsive treatment; requiring
   32         facilities to have written procedures for reporting
   33         events that place individuals receiving services at
   34         risk of harm; requiring service providers to provide
   35         information concerning advance directives to
   36         individuals receiving services; amending s. 394.4597,
   37         F.S.; specifying certain persons who are prohibited
   38         from being selected as an individual’s representative;
   39         providing certain rights for an individual’s
   40         representative; amending s. 394.4598, F.S.; specifying
   41         certain persons who are prohibited from being
   42         appointed as an individual’s guardian advocate;
   43         providing guidelines for decisions of guardian
   44         advocates; amending s. 394.4599, F.S.; adding health
   45         care surrogate or proxy to those individuals who have
   46         responsibilities to act on behalf of an individual
   47         admitted to a facility; amending s. 394.4615, F.S.;
   48         adding a condition under which the clinical record of
   49         an individual must be released to the state attorney;
   50         amending s. 394.462, F.S.; providing that a person in
   51         custody for a felony other than a forcible felony
   52         shall be transported to the nearest receiving facility
   53         for examination; providing that a law enforcement
   54         officer may transport an individual meeting the
   55         criteria for voluntary admission to a mental health
   56         receiving facility, addictions receiving facility, or
   57         detoxification facility at the individual’s request;
   58         amending s. 394.4625, F.S.; providing criteria for the
   59         examination and treatment of an individual admitted to
   60         a facility on voluntary status; providing criteria for
   61         the release or discharge of an individual on voluntary
   62         status; providing that an individual on voluntary
   63         status who is released or discharged and is currently
   64         charged with a crime shall be returned to the custody
   65         of a law enforcement officer; providing procedures for
   66         transferring an individual to voluntary status and
   67         transferring an individual to involuntary status;
   68         amending s. 394.463, F.S.; providing for the
   69         involuntary examination of a person for a substance
   70         abuse impairment; providing for the transportation of
   71         an individual for an involuntary examination;
   72         providing that a certificate for an involuntary
   73         examination must contain certain information;
   74         providing criteria and procedures for the release of
   75         an individual held for involuntary examination from
   76         receiving or treatment facilities; amending s.
   77         394.4655, F.S.; adding substance abuse impairment as a
   78         condition to which criteria for involuntary outpatient
   79         placement apply; providing guidelines for an attorney
   80         representing an individual subject to proceedings for
   81         involuntary outpatient placement; providing guidelines
   82         for the state attorney in prosecuting a petition for
   83         involuntary placement; requiring the court to consider
   84         certain information when determining whether to
   85         appoint a guardian advocate for the individual;
   86         requiring the court to inform the individual and his
   87         or her representatives of the individual’s right to an
   88         independent expert examination with regard to
   89         proceedings for involuntary outpatient placement;
   90         amending s. 394.467, F.S.; adding substance abuse
   91         impairment as a condition to which criteria for
   92         involuntary inpatient placement apply; adding
   93         addictions receiving facilities and detoxification
   94         facilities as identified receiving facilities;
   95         providing for first and second medical opinions in
   96         proceedings for placement for treatment of substance
   97         abuse impairment; providing guidelines for attorney
   98         representation of an individual subject to proceedings
   99         for involuntary inpatient placement; providing
  100         guidelines for the state attorney in prosecuting a
  101         petition for involuntary placement; setting standards
  102         for the court to accept a waiver of the individual’s
  103         rights; requiring the court to consider certain
  104         testimony regarding the individual’s prior history in
  105         proceedings; requiring the Division of Administrative
  106         Hearings to inform the individual and his or her
  107         representatives of the right to an independent expert
  108         examination; amending s. 394.4672, F.S.; providing
  109         authority of facilities of the United States
  110         Department of Veterans Affairs to conduct certain
  111         examinations and provide certain treatments; amending
  112         s. 394.875, F.S.; removing a limitation on the amount
  113         of beds in crisis stabilization units; creating s.
  114         916.185; providing legislative findings and intent;
  115         defining terms; creating the Forensic Hospital
  116         Diversion Pilot Program; requiring the Department of
  117         Children and Families to implement a Forensic Hospital
  118         Diversion Pilot Program in four specified judicial
  119         circuits; providing eligibility criteria for
  120         participation in the pilot program; providing
  121         legislative intent concerning the training of judges;
  122         authorizing the department to adopt rules; directing
  123         the Office of Program Policy Analysis and Government
  124         Accountability to submit a report to the Governor and
  125         the Legislature; amending ss. 39.407, 394.4612,
  126         394.495, 394.496, 394.499, 394.67, 394.674, 394.9085,
  127         397.311, 397.431, 397.702, 397.94, 402.3057, 409.1757,
  128         409.972, 744.704, and 790.065, F.S.; conforming cross
  129         references; repealing ss. 397.601, 397.675, 397.6751,
  130         397.6752, 397.6758, 397.6759, 397.677, 397.6771,
  131         397.6772, 397.6773, 397.6774, 397.6775, 397.679,
  132         397.6791, 397.6793, 397.6795, 397.6797, 397.6798,
  133         397.6799, 397.681, 397.6811, 397.6814, 397.6815,
  134         397.6818, 397,6819, 397. 6821, 397.6822, 397.693,
  135         397.695, 397.6951, 397.6955, 397.6957, 397.697,
  136         397.6971, 397.6975, and 397.6977, F.S.; providing an
  137         effective date.
  138          
  139  Be It Enacted by the Legislature of the State of Florida:
  140  
  141         Section 1. Section 394.453, Florida Statutes, is amended to
  142  read:
  143         394.453 Legislative intent.—It is the intent of the
  144  Legislature to authorize and direct the Department of Children
  145  and Families to evaluate, research, plan, and recommend to the
  146  Governor and the Legislature programs designed to reduce the
  147  occurrence, severity, duration, and disabling aspects of mental,
  148  emotional, and behavioral disorders, and substance abuse
  149  impairment. It is the intent of the Legislature that treatment
  150  programs for such disorders shall include, but not be limited
  151  to, comprehensive health, social, educational, and
  152  rehabilitative services for individuals to persons requiring
  153  intensive short-term and continued treatment in order to
  154  encourage them to assume responsibility for their treatment and
  155  recovery. It is intended that such individuals persons be
  156  provided with emergency service and temporary detention for
  157  evaluation if when required; that they be admitted to treatment
  158  facilities if on a voluntary basis when extended or continuing
  159  care is needed and unavailable in the community; that
  160  involuntary placement be provided only if when expert evaluation
  161  determines that it is necessary; that any involuntary treatment
  162  or examination be accomplished in a setting that which is
  163  clinically appropriate and most likely to facilitate the
  164  individual’s person’s return to the community as soon as
  165  possible; and that individual dignity and human rights be
  166  guaranteed to all individuals persons who are admitted to mental
  167  health and substance abuse treatment facilities or who are being
  168  held under s. 394.463. It is the further intent of the
  169  Legislature that the least restrictive means of intervention be
  170  employed based on the individual’s individual needs of each
  171  person, within the scope of available services. It is the policy
  172  of this state that the use of restraint and seclusion on clients
  173  is justified only as an emergency safety measure to be used in
  174  response to imminent danger to the individual client or others.
  175  It is, therefore, the intent of the Legislature to achieve an
  176  ongoing reduction in the use of restraint and seclusion in
  177  programs and facilities serving individuals persons with mental
  178  illness or who have a substance abuse impairment.
  179         Section 2. Section 394.455, Florida Statutes, is reordered
  180  and amended to read:
  181         394.455 Definitions.—As used in this part, unless the
  182  context clearly requires otherwise, the term:
  183         (1) “Addictions receiving facility” means a secure, acute
  184  care facility that, at a minimum, provides detoxification and
  185  stabilization services; is operated 24 hours per day, 7 days per
  186  week; and is designated by the department to serve individuals
  187  found to be substance abuse impaired as defined in subsection
  188  (44) who qualify for services under this section.
  189         (2)(1) “Administrator” means the chief administrative
  190  officer of a receiving or treatment facility or his or her
  191  designee.
  192         (3) “Adult” means an individual who is 18 years of age or
  193  older, or who has had the disability of nonage removed pursuant
  194  to s. 743.01 or s. 743.015.
  195         (4) “Advanced registered nurse practitioner” means any
  196  person licensed in this state to practice professional nursing
  197  who is certified in advanced or specialized nursing practice
  198  under s. 464.012.
  199         (36)(2) “Clinical Psychologist” means a psychologist as
  200  defined in s. 490.003(7) with 3 years of postdoctoral experience
  201  in the practice of clinical psychology, inclusive of the
  202  experience required for licensure, or a psychologist employed by
  203  a facility operated by the United States Department of Veterans
  204  Affairs that qualifies as a receiving or treatment facility
  205  under this part.
  206         (5)(3) “Clinical record” means all parts of the record
  207  required to be maintained and includes all medical records,
  208  progress notes, charts, and admission and discharge data, and
  209  all other information recorded by a facility staff which
  210  pertains to an individual’s the patient’s hospitalization or
  211  treatment.
  212         (6)(4) “Clinical social worker” means a person licensed as
  213  a clinical social worker under s. 491.005 or s. 491.006 or a
  214  person employed as a clinical social worker by a facility
  215  operated by the United States Department of Veterans Affairs or
  216  the United States Department of Defense under chapter 491.
  217         (7)(5) “Community facility” means a any community service
  218  provider contracting with the department to furnish substance
  219  abuse or mental health services under part IV of this chapter.
  220         (8)(6) “Community mental health center or clinic” means a
  221  publicly funded, not-for-profit center that which contracts with
  222  the department for the provision of inpatient, outpatient, day
  223  treatment, or emergency services.
  224         (9)(7) “Court,” unless otherwise specified, means the
  225  circuit court.
  226         (10)(8) “Department” means the Department of Children and
  227  Families.
  228         (11) “Detoxification facility” means a facility licensed to
  229  provide detoxification services under chapter 397.
  230         (12) “Electronic means” means a form of telecommunication
  231  that requires all parties to maintain visual as well as audio
  232  communication.
  233         (13)(9) “Express and informed consent” means consent
  234  voluntarily given in writing, by a competent individual person,
  235  after sufficient explanation and disclosure of the subject
  236  matter involved to enable the individual person to make a
  237  knowing and willful decision without any element of force,
  238  fraud, deceit, duress, or other form of constraint or coercion.
  239         (14)(10) “Facility” means any hospital, community facility,
  240  public or private facility, or receiving or treatment facility
  241  providing for the evaluation, diagnosis, care, treatment,
  242  training, or hospitalization of individuals persons who appear
  243  to have a mental illness or who have been diagnosed as having a
  244  mental illness or substance abuse impairment. The term
  245  “Facility” does not include a any program or entity licensed
  246  under pursuant to chapter 400 or chapter 429.
  247         (15) “Governmental facility” means a facility owned,
  248  operated, or administered by the Department of Corrections or
  249  the United States Department of Veterans Affairs.
  250         (16)(11) “Guardian” means the natural guardian of a minor,
  251  or a person appointed by a court to act on behalf of a ward’s
  252  person if the ward is a minor or has been adjudicated
  253  incapacitated.
  254         (17)(12) “Guardian advocate” means a person appointed by a
  255  court to make decisions regarding mental health or substance
  256  abuse treatment on behalf of an individual a patient who has
  257  been found incompetent to consent to treatment pursuant to this
  258  part. The guardian advocate may be granted specific additional
  259  powers by written order of the court, as provided in this part.
  260         (18)(13) “Hospital” means a hospital facility as defined in
  261  s. 395.002 and licensed under chapter 395 and part II of chapter
  262  408.
  263         (19)(14) “Incapacitated” means that an individual a person
  264  has been adjudicated incapacitated pursuant to part V of chapter
  265  744 and a guardian of the person has been appointed.
  266         (20)(15) “Incompetent to consent to treatment” means that
  267  an individual’s a person’s judgment is so affected by his or her
  268  mental illness, substance abuse impairment, or any medical or
  269  organic cause, that he or she the person lacks the capacity to
  270  make a well-reasoned, willful, and knowing decision concerning
  271  his or her medical, or mental health, or substance abuse
  272  treatment.
  273         (21) “Involuntary examination” means an examination
  274  performed under s. 394.463 to determine whether an individual
  275  qualifies for involuntary outpatient placement under s. 394.4655
  276  or involuntary inpatient placement under s. 394.467.
  277         (22) “Involuntary placement” means involuntary outpatient
  278  placement pursuant to s. 394.4655 or involuntary inpatient
  279  placement in a receiving or treatment facility pursuant to s.
  280  394.467.
  281         (23)(16) “Law enforcement officer” means a law enforcement
  282  officer as defined in s. 943.10.
  283         (24) “Marriage and family therapist” means a person
  284  licensed to practice marriage and family therapy under s.
  285  491.005 or s. 491.006 or a person employed as a marriage and
  286  family therapist by a facility operated by the United States
  287  Department of Veterans Affairs or the United States Department
  288  of Defense.
  289         (25) “Mental health counselor” means a person licensed to
  290  practice mental health counseling under s. 491.005 or s. 491.006
  291  or a person employed as a mental health counselor by a facility
  292  operated by the United States Department of Veterans Affairs or
  293  the United States Department of Defense.
  294         (26)(17) “Mental health overlay program” means a mobile
  295  service that which provides an independent examination for
  296  voluntary admission admissions and a range of supplemental
  297  onsite services to an individual who has persons with a mental
  298  illness in a residential setting such as a nursing home,
  299  assisted living facility, adult family-care home, or
  300  nonresidential setting such as an adult day care center.
  301  Independent examinations provided pursuant to this part through
  302  a mental health overlay program must only be provided only under
  303  contract with the department for this service or must be
  304  attached to a public receiving facility that is also a community
  305  mental health center.
  306         (28)(18) “Mental illness” means an impairment of the mental
  307  or emotional processes that exercise conscious control of one’s
  308  actions or of the ability to perceive or understand reality,
  309  which impairment substantially interferes with the individual’s
  310  person’s ability to meet the ordinary demands of living. For the
  311  purposes of this part, the term does not include a developmental
  312  disability as defined in chapter 393, intoxication, brain
  313  injury, dementia, or conditions manifested only by antisocial
  314  behavior or substance abuse impairment.
  315         (29) “Minor” means an individual who is 17 years of age or
  316  younger and who has not had the disabilities of nonage removed
  317  pursuant to s. 743.01 or s. 743.015.
  318         (30)(19) “Mobile crisis response service” means a
  319  nonresidential crisis service attached to a public receiving
  320  facility and available 24 hours a day, 7 days a week, through
  321  which provides immediate intensive assessments and
  322  interventions, including screening for admission into a mental
  323  health receiving facility, addictions receiving facility, or a
  324  detoxification facility, take place for the purpose of
  325  identifying appropriate treatment services.
  326         (20) “Patient” means any person who is held or accepted for
  327  mental health treatment.
  328         (31)(21) “Physician” means a medical practitioner licensed
  329  under chapter 458 or chapter 459 who has experience in the
  330  diagnosis and treatment of mental and nervous disorders or a
  331  physician employed by a facility operated by the United States
  332  Department of Veterans Affairs or the United States Department
  333  of Defense which qualifies as a receiving or treatment facility
  334  under this part.
  335         (32) “Physician assistant” means a person licensed under
  336  chapter 458 or chapter 459 who has experience in the diagnosis
  337  and treatment of mental disorders or a person employed as a
  338  physician assistant by a facility operated by the United States
  339  Department of Veterans Affairs or the United States Department
  340  of Defense.
  341         (33)(22) “Private facility” means any hospital or facility
  342  operated by a for-profit or not-for-profit corporation or
  343  association that provides mental health or substance abuse
  344  services and is not a public facility.
  345         (34)(23) “Psychiatric nurse” means a registered nurse
  346  licensed under part I of chapter 464 who has a master’s degree
  347  or a doctorate in psychiatric nursing and 2 years of post
  348  master’s clinical experience under the supervision of a
  349  physician or a person employed as a psychiatric nurse by a
  350  facility operated by the United States Department of Veterans
  351  Affairs or the United States Department of Defense.
  352         (35)(24) “Psychiatrist” means a medical practitioner
  353  licensed under chapter 458 or chapter 459 who has primarily
  354  diagnosed and treated mental and nervous disorders for at least
  355  a period of not less than 3 years, inclusive of psychiatric
  356  residency, or a person employed as a psychiatrist by a facility
  357  operated by the United States Department of Veterans Affairs or
  358  the United States Department of Defense.
  359         (37)(25) “Public facility” means any facility that has
  360  contracted with the department to provide mental health or
  361  substance abuse services to all individuals persons, regardless
  362  of their ability to pay, and is receiving state funds for such
  363  purpose.
  364         (27)(26) “Mental health receiving facility” means any
  365  public or private facility designated by the department to
  366  receive and hold individuals on involuntary status involuntary
  367  patients under emergency conditions or for psychiatric
  368  evaluation and to provide short-term treatment. The term does
  369  not include a county jail.
  370         (38)(27) “Representative” means a person selected pursuant
  371  to s. 394.4597(2) to receive notice of proceedings during the
  372  time a patient is held in or admitted to a receiving or
  373  treatment facility.
  374         (39)(28)(a) “Restraint” means a physical device, method, or
  375  drug used to control behavior.
  376         (a) A physical restraint is any manual method or physical
  377  or mechanical device, material, or equipment attached or
  378  adjacent to an the individual’s body so that he or she cannot
  379  easily remove the restraint and which restricts freedom of
  380  movement or normal access to one’s body.
  381         (b) A drug used as a restraint is a medication used to
  382  control an individual’s the person’s behavior or to restrict his
  383  or her freedom of movement and is not part of the standard
  384  treatment regimen for an individual having of a person with a
  385  diagnosed mental illness who is a client of the department.
  386  Physically holding an individual a person during a procedure to
  387  forcibly administer psychotropic medication is a physical
  388  restraint.
  389         (c) Restraint does not include physical devices, such as
  390  orthopedically prescribed appliances, surgical dressings and
  391  bandages, supportive body bands, or other physical holding when
  392  necessary for routine physical examinations and tests; or for
  393  purposes of orthopedic, surgical, or other similar medical
  394  treatment; when used to provide support for the achievement of
  395  functional body position or proper balance; or when used to
  396  protect an individual a person from falling out of bed.
  397         (40) “School psychologist” has the same meaning as in s.
  398  490.003.
  399         (41)(29) “Seclusion” means the physical segregation of a
  400  person in any fashion or involuntary isolation of an individual
  401  a person in a room or area from which the individual person is
  402  prevented from leaving. The prevention may be by physical
  403  barrier or by a staff member who is acting in a manner, or who
  404  is physically situated, so as to prevent the individual person
  405  from leaving the room or area. For purposes of this chapter, the
  406  term does not mean isolation due to an individual’s a person’s
  407  medical condition or symptoms.
  408         (42)(30) “Secretary” means the Secretary of Children and
  409  Families.
  410         (43) “Service provider” means a mental health receiving
  411  facility, any facility licensed under chapter 397, a treatment
  412  facility, an entity under contract with the department to
  413  provide mental health or substance abuse services, a community
  414  mental health center or clinic, a psychologist, a clinical
  415  social worker, a marriage and family therapist, a mental health
  416  counselor, a physician, a psychiatrist, an advanced registered
  417  nurse practitioner, or a psychiatric nurse.
  418         (44) “Substance abuse impairment” means a condition
  419  involving the use of alcoholic beverages or any psychoactive or
  420  mood-altering substance in such a manner as to induce mental,
  421  emotional, or physical problems and cause socially dysfunctional
  422  behavior.
  423         (45) “Substance abuse qualified professional” has the same
  424  meaning as in s. 397.311(26).
  425         (46)(31) “Transfer evaluation” means the process, as
  426  approved by the appropriate district office of the department,
  427  in which an individual whereby a person who is being considered
  428  for placement in a state treatment facility is first evaluated
  429  for appropriateness of admission to a treatment the facility.
  430  The transfer evaluation shall be conducted by the department, by
  431  a community-based public receiving facility, or by another
  432  service provider as authorized by the department or by a
  433  community mental health center or clinic if the public receiving
  434  facility is not a community mental health center or clinic.
  435         (47)(32) “Treatment facility” means a any state-owned,
  436  state-operated, or state-supported hospital, center, or clinic
  437  designated by the department for extended treatment and
  438  hospitalization of individuals who have a mental illness, beyond
  439  that provided for by a receiving facility or a, of persons who
  440  have a mental illness, including facilities of the United States
  441  Government, and any private facility designated by the
  442  department when rendering such services to a person pursuant to
  443  the provisions of this part. Patients treated in facilities of
  444  the United States Government shall be solely those whose care is
  445  the responsibility of the United States Department of Veterans
  446  Affairs.
  447         (33) “Service provider” means any public or private
  448  receiving facility, an entity under contract with the Department
  449  of Children and Families to provide mental health services, a
  450  clinical psychologist, a clinical social worker, a marriage and
  451  family therapist, a mental health counselor, a physician, a
  452  psychiatric nurse as defined in subsection (23), or a community
  453  mental health center or clinic as defined in this part.
  454         (34) “Involuntary examination” means an examination
  455  performed under s. 394.463 to determine if an individual
  456  qualifies for involuntary inpatient treatment under s.
  457  394.467(1) or involuntary outpatient treatment under s.
  458  394.4655(1).
  459         (35) “Involuntary placement” means either involuntary
  460  outpatient treatment pursuant to s. 394.4655 or involuntary
  461  inpatient treatment pursuant to s. 394.467.
  462         (36) “Marriage and family therapist” means a person
  463  licensed as a marriage and family therapist under chapter 491.
  464         (37) “Mental health counselor” means a person licensed as a
  465  mental health counselor under chapter 491.
  466         (38) “Electronic means” means a form of telecommunication
  467  that requires all parties to maintain visual as well as audio
  468  communication.
  469         Section 3. Section 394.457, Florida Statutes, is amended to
  470  read:
  471         394.457 Operation and administration.—
  472         (1) ADMINISTRATION.—The Department of Children and Families
  473  is designated the “Mental Health Authority” of Florida. The
  474  department and the Agency for Health Care Administration shall
  475  exercise executive and administrative supervision over all
  476  mental health facilities, programs, and services.
  477         (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is
  478  responsible for:
  479         (a) The planning, evaluation, and implementation of a
  480  complete and comprehensive statewide program of mental health
  481  and substance abuse, including community services, receiving and
  482  treatment facilities, child services, research, and training as
  483  authorized and approved by the Legislature, based on the annual
  484  program budget of the department. The department is also
  485  responsible for the coordination of efforts with other
  486  departments and divisions of the state government, county and
  487  municipal governments, and private agencies concerned with and
  488  providing mental health and substance abuse services. It is
  489  responsible for establishing standards, providing technical
  490  assistance, and supervising exercising supervision of mental
  491  health and substance abuse programs of, and the treatment of
  492  individuals patients at, community facilities, other facilities
  493  serving individuals for persons who have a mental illness or
  494  substance abuse impairment, and any agency or facility providing
  495  services under to patients pursuant to this part.
  496         (b) The publication and distribution of an information
  497  handbook to facilitate understanding of this part, the policies
  498  and procedures involved in the implementation of this part, and
  499  the responsibilities of the various providers of services under
  500  this part. It shall stimulate research by public and private
  501  agencies, institutions of higher learning, and hospitals in the
  502  interest of the elimination and amelioration of mental illness.
  503         (3) POWER TO CONTRACT.—The department may contract to
  504  provide, and be provided with, services and facilities in order
  505  to carry out its responsibilities under this part with the
  506  following agencies: public and private hospitals; receiving and
  507  treatment facilities; clinics; laboratories; departments,
  508  divisions, and other units of state government; the state
  509  colleges and universities; the community colleges; private
  510  colleges and universities; counties, municipalities, and any
  511  other governmental unit, including facilities of the United
  512  States Government; and any other public or private entity which
  513  provides or needs facilities or services. Baker Act funds for
  514  community inpatient, crisis stabilization, short-term
  515  residential treatment, and screening services must be allocated
  516  to each county pursuant to the department’s funding allocation
  517  methodology. Notwithstanding s. 287.057(3)(e), contracts for
  518  community-based Baker Act services for inpatient, crisis
  519  stabilization, short-term residential treatment, and screening
  520  provided under this part, other than those with other units of
  521  government, to be provided for the department must be awarded
  522  using competitive sealed bids if the county commission of the
  523  county receiving the services makes a request to the
  524  department’s district office by January 15 of the contracting
  525  year. The district may not enter into a competitively bid
  526  contract under this provision if such action will result in
  527  increases of state or local expenditures for Baker Act services
  528  within the district. Contracts for these Baker Act services
  529  using competitive sealed bids are effective for 3 years. The
  530  department shall adopt rules establishing minimum standards for
  531  such contracted services and facilities and shall make periodic
  532  audits and inspections to assure that the contracted services
  533  are provided and meet the standards of the department.
  534         (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The
  535  department may apply for and accept any funds, grants, gifts, or
  536  services made available to it by any agency or department of the
  537  Federal Government or any other public or private agency or
  538  person individual in aid of mental health and substance abuse
  539  programs. All such moneys must shall be deposited in the State
  540  Treasury and shall be disbursed as provided by law.
  541         (5) RULES.—The department shall adopt rules:
  542         (a) Establishing The department shall adopt rules
  543  establishing forms and procedures relating to the rights and
  544  privileges of individuals being examined or treated at patients
  545  seeking mental health treatment from facilities under this part.
  546         (b) The department shall adopt rules Necessary for the
  547  implementation and administration of the provisions of this
  548  part., and A program subject to the provisions of this part may
  549  shall not be permitted to operate unless rules designed to
  550  ensure the protection of the health, safety, and welfare of the
  551  individuals examined and patients treated under through such
  552  program have been adopted. Such rules adopted under this
  553  subsection must include provisions governing the use of
  554  restraint and seclusion which are consistent with recognized
  555  best practices and professional judgment; prohibit inherently
  556  dangerous restraint or seclusion procedures; establish
  557  limitations on the use and duration of restraint and seclusion;
  558  establish measures to ensure the safety of program participants
  559  and staff during an incident of restraint or seclusion;
  560  establish procedures for staff to follow before, during, and
  561  after incidents of restraint or seclusion; establish
  562  professional qualifications of and training for staff who may
  563  order or be engaged in the use of restraint or seclusion; and
  564  establish mandatory reporting, data collection, and data
  565  dissemination procedures and requirements. Such rules adopted
  566  under this subsection must require that each instance of the use
  567  of restraint or seclusion be documented in the clinical record
  568  of the individual who has been restrained or secluded patient.
  569         (c) Establishing The department shall adopt rules
  570  establishing minimum standards for services provided by a mental
  571  health overlay program or a mobile crisis response service.
  572         (6) PERSONNEL.—
  573         (a) The department shall, by rule, establish minimum
  574  standards of education and experience for professional and
  575  technical personnel employed in mental health programs,
  576  including members of a mobile crisis response service.
  577         (b) The department shall design and distribute appropriate
  578  materials for the orientation and training of persons actively
  579  engaged in implementing the provisions of this part relating to
  580  the involuntary examination and placement of persons who are
  581  believed to have a mental illness.
  582         (6)(7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee
  583  collections for patients in state-owned, state-operated, or
  584  state-supported treatment facilities shall be according to s.
  585  402.33.
  586         Section 4. Section 394.4573, Florida Statutes, is amended
  587  to read:
  588         394.4573 Continuity of care management system; measures of
  589  performance; reports.—
  590         (1) For the purposes of this section, the term:
  591         (a) “Case management” means those activities aimed at
  592  assessing client needs, planning services, linking the service
  593  system to a client, coordinating the various system components,
  594  monitoring service delivery, and evaluating the effect of
  595  service delivery.
  596         (b) “Case manager” means a person an individual who works
  597  with clients, and their families and significant others, to
  598  provide case management.
  599         (c) “Client manager” means an employee of the department
  600  who is assigned to specific provider agencies and geographic
  601  areas to ensure that the full range of needed services is
  602  available to clients.
  603         (d) “Continuity of care management system” means a system
  604  that assures, within available resources, that clients have
  605  access to the full array of services within the mental health
  606  services delivery system.
  607         (2) The department shall ensure the establishment of is
  608  directed to implement a continuity of care management system for
  609  the provision of mental health and substance abuse care in
  610  keeping with s. 394.9082., through the provision of client and
  611  case management, including clients referred from state treatment
  612  facilities to community mental health facilities. Such system
  613  shall include a network of client managers and case managers
  614  throughout the state designed to:
  615         (a) Reduce the possibility of a client’s admission or
  616  readmission to a state treatment facility.
  617         (b) Provide for the creation or designation of an agency in
  618  each county to provide single intake services for each person
  619  seeking mental health services. Such agency shall provide
  620  information and referral services necessary to ensure that
  621  clients receive the most appropriate and least restrictive form
  622  of care, based on the individual needs of the person seeking
  623  treatment. Such agency shall have a single telephone number,
  624  operating 24 hours per day, 7 days per week, where practicable,
  625  at a central location, where each client will have a central
  626  record.
  627         (c) Advocate on behalf of the client to ensure that all
  628  appropriate services are afforded to the client in a timely and
  629  dignified manner.
  630         (d) Require that any public receiving facility initiating a
  631  patient transfer to a licensed hospital for acute care mental
  632  health services not accessible through the public receiving
  633  facility shall notify the hospital of such transfer and send all
  634  records relating to the emergency psychiatric or medical
  635  condition.
  636         (3) The department is directed to develop and include in
  637  contracts with service providers measures of performance with
  638  regard to goals and objectives as specified in the state plan.
  639  Such measures shall use, to the extent practical, existing data
  640  collection methods and reports and shall not require, as a
  641  result of this subsection, additional reports on the part of
  642  service providers. The department shall plan monitoring visits
  643  of community mental health facilities with other state, federal,
  644  and local governmental and private agencies charged with
  645  monitoring such facilities.
  646         Section 5. Subsections (1) through (6) and (8) of section
  647  394.459, Florida Statutes, are amended, present subsection (12)
  648  of that section is redesignated as subsection (13), and a new
  649  subsection (12) is added to that section, to read:
  650         394.459 Rights of individuals receiving treatment and
  651  services patients.—
  652         (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this
  653  state that the individual dignity of all individuals held for
  654  examination or admitted for mental health or substance abuse
  655  treatment the patient shall be respected at all times and upon
  656  all occasions, including any occasion when the individual
  657  patient is taken into custody, held, or transported. Procedures,
  658  facilities, vehicles, and restraining devices used utilized for
  659  criminals or those accused of a crime may shall not be used in
  660  connection with individuals persons who have a mental illness or
  661  substance abuse impairment, except for the protection of that
  662  individual the patient or others. An individual Persons who has
  663  have a mental illness or substance abuse impairment but who has
  664  are not been charged with a criminal offense may be detained
  665  without his or her consent, subject to the limitations specified
  666  in paragraph (b). If it has been determined that a hospital, an
  667  addictions receiving facility, or a licensed detoxification
  668  facility is the most appropriate placement for the individual,
  669  the detaining officer shall: shall not be detained or
  670  incarcerated in the jails of this state.
  671         (a) Without using unreasonable force, take the individual,
  672  if necessary, against his or her will, to a hospital or a
  673  licensed detoxification or addictions receiving facility.
  674         (b) In the case of an adult, detain the individual for his
  675  or her own protection in a municipal or county jail or other
  676  appropriate detention facility. Such detention may not be
  677  considered an arrest for any purpose, and an entry or other
  678  record may not be made to indicate that the individual has been
  679  detained or charged with any crime. The officer in charge of the
  680  detention facility must notify the nearest appropriate facility
  681  within the first 8 hours after detention that the individual has
  682  been detained. It is the duty of the detention facility to
  683  arrange, as necessary, for transportation of the individual to
  684  the appropriate facility.
  685  
  686  The detaining officer shall notify the nearest relative of a
  687  minor who has been taken into protective custody and shall
  688  notify the nearest relative of an adult who is in such custody,
  689  unless the adult requests that notification not be given. An
  690  individual A person who is receiving treatment for mental
  691  illness or substance abuse may shall not be deprived of his or
  692  her any constitutional rights. However, if such individual a
  693  person is adjudicated incapacitated, his or her rights may be
  694  limited to the same extent that the rights of any incapacitated
  695  person are limited by law.
  696         (2) RIGHT TO TREATMENT.—An individual held for examination
  697  or admitted for mental illness or substance abuse treatment:
  698         (a) May A person shall not be denied treatment for mental
  699  illness or substance abuse impairment, and services may shall
  700  not be delayed at a mental health receiving facility, addictions
  701  receiving facility, detoxification facility, or treatment
  702  facility because of inability to pay. However, every reasonable
  703  effort to collect appropriate reimbursement for the cost of
  704  providing mental health or substance abuse services from
  705  individuals to persons able to pay for services, including
  706  insurance or third-party payments by third-party payers, shall
  707  be made by facilities providing services under pursuant to this
  708  part.
  709         (b) Shall be provided It is further the policy of the state
  710  that the least restrictive appropriate available treatment,
  711  which must be utilized based on the individual’s individual
  712  needs and best interests of the patient and consistent with the
  713  optimum improvement of the individual’s patient’s condition.
  714         (c) Shall Each person who remains at a receiving or
  715  treatment facility for more than 12 hours shall be given a
  716  physical examination by a health practitioner authorized by law
  717  to give such examinations, and a mental health evaluation by a
  718  psychiatrist, psychologist, or psychiatric nurse, within 24
  719  hours after arrival at such facility if the individual has not
  720  been released or discharged pursuant to s. 394.463(2)(h) or s.
  721  394.469. The physical examination and mental health evaluation
  722  must be documented in the clinical record. The physical and
  723  mental health examinations shall include efforts to identify
  724  indicators of substance abuse impairment, substance abuse
  725  intoxication, and substance abuse withdrawal.
  726         (d) Shall Every patient in a facility shall be afforded the
  727  opportunity to participate in activities designed to enhance
  728  self-image and the beneficial effects of other treatments, as
  729  determined by the facility.
  730         (e) Shall, within 24 hours of admission to a facility, Not
  731  more than 5 days after admission to a facility, each patient
  732  shall have and receive an individualized treatment plan in
  733  writing, which the individual patient has had an opportunity to
  734  assist in preparing and to review before prior to its
  735  implementation. The plan must shall include a space for the
  736  individual’s patient’s comments and signature.
  737         (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
  738         (a)(a)1. Each individual patient entering treatment shall
  739  be asked to give express and informed consent for admission or
  740  treatment.
  741         1.If the individual patient has been adjudicated
  742  incapacitated or found to be incompetent to consent to
  743  treatment, express and informed consent must to treatment shall
  744  be sought from his or her instead from the patient’s guardian,
  745  or guardian advocate, or health care surrogate or proxy. If the
  746  individual patient is a minor, express and informed consent for
  747  admission or treatment must be obtained shall also be requested
  748  from the patient’s guardian. Express and informed consent for
  749  admission or treatment of a patient under 18 years of age shall
  750  be required from the minor’s patient’s guardian, unless the
  751  minor is seeking outpatient crisis intervention services under
  752  s. 394.4784. Express and informed consent for admission or
  753  treatment given by a patient who is under 18 years of age shall
  754  not be a condition of admission when the patient’s guardian
  755  gives express and informed consent for the patient’s admission
  756  pursuant to s. 394.463 or s. 394.467.
  757         2. Before giving express and informed consent, the
  758  following information shall be provided and explained in plain
  759  language to the individual and patient, or to his or her the
  760  patient’s guardian if the individual patient is an adult 18
  761  years of age or older and has been adjudicated incapacitated, or
  762  to his or her the patient’s guardian advocate if the individual
  763  patient has been found to be incompetent to consent to
  764  treatment, to the health care surrogate or proxy, or to both the
  765  individual patient and the guardian if the individual patient is
  766  a minor: the reason for admission or treatment; the proposed
  767  treatment and ; the purpose of such the treatment to be
  768  provided; the common risks, benefits, and side effects of the
  769  proposed treatment thereof; the specific dosage range of for the
  770  medication, if when applicable; alternative treatment
  771  modalities; the approximate length of care; the potential
  772  effects of stopping treatment; how treatment will be monitored;
  773  and that any consent given for treatment may be revoked orally
  774  or in writing before or during the treatment period by the
  775  individual receiving the treatment patient or by a person who is
  776  legally authorized to make health care decisions on the
  777  individual’s behalf of the patient.
  778         (b) In the case of medical procedures requiring the use of
  779  a general anesthetic or electroconvulsive treatment, and prior
  780  to performing the procedure, express and informed consent shall
  781  be obtained from the patient if the patient is legally
  782  competent, from the guardian of a minor patient, from the
  783  guardian of a patient who has been adjudicated incapacitated, or
  784  from the guardian advocate of the patient if the guardian
  785  advocate has been given express court authority to consent to
  786  medical procedures or electroconvulsive treatment as provided
  787  under s. 394.4598.
  788         (4) QUALITY OF TREATMENT.—
  789         (a) Each individual held for examination, admitted for
  790  mental health or substance abuse treatment, or receiving
  791  involuntary outpatient treatment patient shall receive services,
  792  including, for a patient placed under s. 394.4655 shall receive,
  793  those services that are included in the court order which are
  794  suited to his or her needs, and which shall be administered
  795  skillfully, safely, and humanely with full respect for the
  796  individual’s patient’s dignity and personal integrity. Each
  797  individual patient shall receive such medical, vocational,
  798  social, educational, substance abuse, and rehabilitative
  799  services as his or her condition requires in order to live
  800  successfully in the community. In order to achieve this goal,
  801  the department shall is directed to coordinate its mental health
  802  and substance abuse programs with all other programs of the
  803  department and other state agencies.
  804         (b) Facilities shall develop and maintain, in a form that
  805  is accessible to and readily understandable by individuals held
  806  for examination or admitted for mental health or substance abuse
  807  treatment patients and consistent with rules adopted by the
  808  department, the following:
  809         1. Criteria, procedures, and required staff training for
  810  the any use of close or elevated levels of supervision, of
  811  restraint, seclusion, or isolation, or of emergency treatment
  812  orders, and for the use of bodily control and physical
  813  management techniques.
  814         2. Procedures for documenting, monitoring, and requiring
  815  clinical review of all uses of the procedures described in
  816  subparagraph 1. and for documenting and requiring review of any
  817  incidents resulting in injury to individuals receiving services
  818  patients.
  819         3. A system for investigating, tracking, managing, and
  820  responding to complaints by individuals persons receiving
  821  services or persons individuals acting on their behalf.
  822         (c) Facilities shall have written procedures for reporting
  823  events that place individuals receiving services at risk of
  824  harm. Such events must be reported to the managing entity in the
  825  facility’s region and the department as soon as reasonably
  826  possible after discovery and include, but are not limited to:
  827         1. The death, regardless of cause or manner, of an
  828  individual examined or treated at a facility that occurs while
  829  the individual is at the facility or that occurs within 72 hours
  830  after release, if the death is known to the facility
  831  administrator.
  832         2. An injury sustained, or allegedly sustained, at a
  833  facility, by an individual examined or treated at the facility
  834  and caused by an accident, self-inflicted injury, assault, act
  835  of abuse, neglect, or suicide attempt, if the injury requires
  836  medical treatment by a licensed health care practitioner in an
  837  acute care medical facility.
  838         3. The unauthorized departure or absence of an individual
  839  from a facility in which he or she has been held for involuntary
  840  examination or involuntary placement.
  841         4. A disaster or crisis situation such as a tornado,
  842  hurricane, kidnapping, riot, or hostage situation that
  843  jeopardizes the health, safety, or welfare of individuals
  844  examined or treated in a facility.
  845         5. An allegation of sexual battery upon an individual
  846  examined or treated in a facility.
  847         (d)(c) A facility may not use seclusion or restraint for
  848  punishment, to compensate for inadequate staffing, or for the
  849  convenience of staff. Facilities shall ensure that all staff are
  850  made aware of these restrictions on the use of seclusion and
  851  restraint and shall make and maintain records that which
  852  demonstrate that this information has been conveyed to each
  853  individual staff member members.
  854         (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
  855         (a) Each individual held for examination or admitted for
  856  mental health or substance abuse treatment person receiving
  857  services in a facility providing mental health services under
  858  this part has the right to communicate freely and privately with
  859  persons outside the facility unless it is determined that such
  860  communication is likely to be harmful to the individual person
  861  or others. Each facility shall make available as soon as
  862  reasonably possible to persons receiving services a telephone
  863  that allows for free local calls and access to a long-distance
  864  service to the individual as soon as reasonably possible. A
  865  facility is not required to pay the costs of the individual’s a
  866  patient’s long-distance calls. The telephone must shall be
  867  readily accessible to the patient and shall be placed so that
  868  the individual patient may use it to communicate privately and
  869  confidentially. The facility may establish reasonable rules for
  870  the use of the this telephone which, provided that the rules do
  871  not interfere with an individual’s a patient’s access to a
  872  telephone to report abuse pursuant to paragraph (e).
  873         (b) Each individual patient admitted to a facility under
  874  the provisions of this part shall be allowed to receive, send,
  875  and mail sealed, unopened correspondence; and the individual’s
  876  no patient’s incoming or outgoing correspondence may not shall
  877  be opened, delayed, held, or censored by the facility unless
  878  there is reason to believe that it contains items or substances
  879  that which may be harmful to the individual patient or others,
  880  in which case the administrator may direct reasonable
  881  examination of such mail and may regulate the disposition of
  882  such items or substances.
  883         (c) Each facility shall allow must permit immediate access
  884  to an individual held for examination or admitted for mental
  885  health or substance abuse treatment any patient, subject to the
  886  patient’s right to deny or withdraw consent at any time, by the
  887  individual, or by the individual’s patient’s family members,
  888  guardian, guardian advocate, health care surrogate or proxy,
  889  representative, Florida statewide or local advocacy council, or
  890  attorneys attorney, unless such access would be detrimental to
  891  the individual patient. If the a patient’s right to communicate
  892  or to receive visitors is restricted by the facility, written
  893  notice of such restriction and the reasons for the restriction
  894  shall be served on the individual and patient, the individual’s
  895  patient’s attorney, and the patient’s guardian, guardian
  896  advocate, health care surrogate or proxy, or representative; and
  897  such restriction, and the reasons for the restriction, must
  898  shall be recorded in on the patient’s clinical record with the
  899  reasons therefor. The restriction must of a patient’s right to
  900  communicate or to receive visitors shall be reviewed at least
  901  every 7 days. The right to communicate or receive visitors may
  902  shall not be restricted as a means of punishment. This Nothing
  903  in this paragraph may not shall be construed to limit the
  904  provisions of paragraph (d).
  905         (d) Each facility shall establish reasonable rules, which
  906  must be the least restrictive possible, governing visitors,
  907  visiting hours, and the use of telephones by individuals held
  908  for examination or admitted for mental health or substance abuse
  909  treatment patients in the least restrictive possible manner. An
  910  individual has Patients shall have the right to contact and to
  911  receive communication from his or her attorney their attorneys
  912  at any reasonable time.
  913         (e) Each individual held for examination or admitted for
  914  patient receiving mental health or substance abuse treatment in
  915  any facility shall have ready access to a telephone in order to
  916  report an alleged abuse. The facility staff shall orally and in
  917  writing inform each individual patient of the procedure for
  918  reporting abuse and shall make every reasonable effort to
  919  present the information in a language the individual patient
  920  understands. A written copy of that procedure, including the
  921  telephone number of the central abuse hotline and reporting
  922  forms, must shall be posted in plain view.
  923         (f) The department shall adopt rules providing a procedure
  924  for reporting abuse. Facility staff shall be required, As a
  925  condition of employment, facility staff shall to become familiar
  926  with the requirements and procedures for the reporting of abuse.
  927         (6) CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—A
  928  facility shall respect the rights of an individual held for
  929  examination or admitted for mental health or substance abuse
  930  treatment A patient’s right to the possession of his or her
  931  clothing and personal effects shall be respected. The facility
  932  may take temporary custody of such effects if when required for
  933  medical and safety reasons. The A patient’s clothing and
  934  personal effects shall be inventoried upon their removal into
  935  temporary custody. Copies of this inventory shall be given to
  936  the individual patient and to his or her the patient’s guardian,
  937  guardian advocate, health care surrogate or proxy, or
  938  representative and shall be recorded in the patient’s clinical
  939  record. This inventory may be amended upon the request of the
  940  individual patient or his or her the patient’s guardian,
  941  guardian advocate, health care surrogate or proxy, or
  942  representative. The inventory and any amendments to it must be
  943  witnessed by two members of the facility staff and by the
  944  individual patient, if he or she is able. All of the a patient’s
  945  clothing and personal effects held by the facility shall be
  946  returned to the individual patient immediately upon his or her
  947  the discharge or transfer of the patient from the facility,
  948  unless such return would be detrimental to the individual
  949  patient. If personal effects are not returned to the patient,
  950  the reason must be documented in the clinical record along with
  951  the disposition of the clothing and personal effects, which may
  952  be given instead to the individual’s patient’s guardian,
  953  guardian advocate, health care surrogate or proxy, or
  954  representative. As soon as practicable after an emergency
  955  transfer of a patient, the individual’s patient’s clothing and
  956  personal effects shall be transferred to the individual’s
  957  patient’s new location, together with a copy of the inventory
  958  and any amendments, unless an alternate plan is approved by the
  959  individual patient, if he or she is able, and by his or her the
  960  patient’s guardian, guardian advocate, health care surrogate or
  961  proxy, or representative.
  962         (7) VOTING IN PUBLIC ELECTIONS.—A patient who is eligible
  963  to vote according to the laws of the state has the right to vote
  964  in the primary and general elections. The department shall
  965  establish rules to enable patients to obtain voter registration
  966  forms, applications for absentee ballots, and absentee ballots.
  967         (8) HABEAS CORPUS.—
  968         (a) At any time, and without notice, an individual a person
  969  held or admitted for mental health or substance abuse
  970  examination or placement in a receiving or treatment facility,
  971  or a relative, friend, guardian, guardian advocate, health care
  972  surrogate or proxy, representative, or attorney, or the
  973  department, on behalf of such individual person, may petition
  974  for a writ of habeas corpus to question the cause and legality
  975  of such detention and request that the court order a return to
  976  the writ in accordance with chapter 79. Each individual patient
  977  held in a facility shall receive a written notice of the right
  978  to petition for a writ of habeas corpus.
  979         (b) At any time, and without notice, an individual held or
  980  admitted for mental health or substance abuse examination or
  981  placement a person who is a patient in a receiving or treatment
  982  facility, or a relative, friend, guardian, guardian advocate,
  983  health care surrogate or proxy, representative, or attorney, or
  984  the department, on behalf of such individual person, may file a
  985  petition in the circuit court in the county where the individual
  986  patient is being held alleging that he or she the patient is
  987  being unjustly denied a right or privilege granted under this
  988  part herein or that a procedure authorized under this part
  989  herein is being abused. Upon the filing of such a petition, the
  990  court may shall have the authority to conduct a judicial inquiry
  991  and to issue an any order needed to correct an abuse of the
  992  provisions of this part.
  993         (c) The administrator of any receiving or treatment
  994  facility receiving a petition under this subsection shall file
  995  the petition with the clerk of the court on the next court
  996  working day.
  997         (d) A No fee may not shall be charged for the filing of a
  998  petition under this subsection.
  999         (9) VIOLATIONS.—The department shall report to the Agency
 1000  for Health Care Administration any violation of the rights or
 1001  privileges of patients, or of any procedures provided under this
 1002  part, by any facility or professional licensed or regulated by
 1003  the agency. The agency is authorized to impose any sanction
 1004  authorized for violation of this part, based solely on the
 1005  investigation and findings of the department.
 1006         (10) LIABILITY FOR VIOLATIONS.—Any person who violates or
 1007  abuses any rights or privileges of patients provided by this
 1008  part is liable for damages as determined by law. Any person who
 1009  acts in good faith in compliance with the provisions of this
 1010  part is immune from civil or criminal liability for his or her
 1011  actions in connection with the admission, diagnosis, treatment,
 1012  or discharge of a patient to or from a facility. However, this
 1013  section does not relieve any person from liability if such
 1014  person commits negligence.
 1015         (11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE
 1016  PLANNING.—The patient shall have the opportunity to participate
 1017  in treatment and discharge planning and shall be notified in
 1018  writing of his or her right, upon discharge from the facility,
 1019  to seek treatment from the professional or agency of the
 1020  patient’s choice.
 1021         (12) ADVANCE DIRECTIVES.—All service providers under this
 1022  part shall provide information concerning advance directives to
 1023  individuals and assist those who are competent and willing to
 1024  complete an advance directive. The directive may include
 1025  instructions regarding mental health or substance abuse care.
 1026  Service providers under this part shall honor the advance
 1027  directive of individuals they serve, or shall request the
 1028  transfer of the individual as required under s. 765.1105.
 1029         Section 6. Section 394.4597, Florida Statutes, is amended
 1030  to read:
 1031         394.4597 Persons to be notified; appointment of a patient’s
 1032  representative.—
 1033         (1) VOLUNTARY ADMISSION PATIENTS.—At the time an individual
 1034  a patient is voluntarily admitted to a receiving or treatment
 1035  facility, the individual shall be asked to identify a person to
 1036  be notified in case of an emergency, and the identity and
 1037  contact information of that a person to be notified in case of
 1038  an emergency shall be entered in the individual’s patient’s
 1039  clinical record.
 1040         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1041         (a) At the time an individual a patient is admitted to a
 1042  facility for involuntary examination or placement, or when a
 1043  petition for involuntary placement is filed, the names,
 1044  addresses, and telephone numbers of the individual’s patient’s
 1045  guardian or guardian advocate, health care surrogate, or proxy,
 1046  or representative if he or she the patient has no guardian, and
 1047  the individual’s patient’s attorney shall be entered in the
 1048  patient’s clinical record.
 1049         (b) If the individual patient has no guardian, guardian
 1050  advocate, health care surrogate, or proxy, he or she the patient
 1051  shall be asked to designate a representative. If the individual
 1052  patient is unable or unwilling to designate a representative,
 1053  the facility shall select a representative.
 1054         (c) The individual patient shall be consulted with regard
 1055  to the selection of a representative by the receiving or
 1056  treatment facility and may shall have authority to request that
 1057  the any such representative be replaced.
 1058         (d) If When the receiving or treatment facility selects a
 1059  representative, first preference shall be given to a health care
 1060  surrogate, if one has been previously selected by the patient.
 1061  If the individual patient has not previously selected a health
 1062  care surrogate, the selection, except for good cause documented
 1063  in the individual’s patient’s clinical record, shall be made
 1064  from the following list in the order of listing:
 1065         1. The individual’s patient’s spouse.
 1066         2. An adult child of the individual patient.
 1067         3. A parent of the individual patient.
 1068         4. The adult next of kin of the individual patient.
 1069         5. An adult friend of the individual patient.
 1070         6. The appropriate Florida local advocacy council as
 1071  provided in s. 402.166.
 1072         (e) The following persons are prohibited from selection as
 1073  an individual’s representative:
 1074         1. A professional providing clinical services to the
 1075  individual under this part;
 1076         2. The licensed professional who initiated the involuntary
 1077  examination of the individual, if the examination was initiated
 1078  by professional certificate;
 1079         3. An employee, administrator, or board member of the
 1080  facility providing the examination of the individual;
 1081         4. An employee, administrator, or board member of a
 1082  treatment facility providing treatment of the individual;
 1083         5. A person providing any substantial professional services
 1084  to the individual, including clinical and nonclinical services;
 1085         6. A creditor of the individual;
 1086         7. A person subject to an injunction for protection against
 1087  domestic violence under s. 741.30, whether the order of
 1088  injunction is temporary or final, and for which the individual
 1089  was the petitioner; and
 1090         8. A person subject to an injunction for protection against
 1091  repeat violence, sexual violence, or dating violence under s.
 1092  784.046, whether the order of injunction is temporary or final,
 1093  and for which the individual was the petitioner.
 1094         (e) A licensed professional providing services to the
 1095  patient under this part, an employee of a facility providing
 1096  direct services to the patient under this part, a department
 1097  employee, a person providing other substantial services to the
 1098  patient in a professional or business capacity, or a creditor of
 1099  the patient shall not be appointed as the patient’s
 1100  representative.
 1101         (f) The representative selected by the individual or
 1102  designated by the facility has the right to:
 1103         1. Receive notice of the individual’s admission;
 1104         2. Receive notice of proceedings affecting the individual;
 1105         3. Have immediate access to the individual unless such
 1106  access is documented to be detrimental to the individual;
 1107         4. Receive notice of any restriction of the individual’s
 1108  right to communicate or receive visitors;
 1109         5. Receive a copy of the inventory of personal effects upon
 1110  the individual’s admission and to request an amendment to the
 1111  inventory at any time;
 1112         6. Receive disposition of the individual’s clothing and
 1113  personal effects if not returned to the individual, or to
 1114  approve an alternate plan;
 1115         7. Petition on behalf of the individual for a writ of
 1116  habeas corpus to question the cause and legality of the
 1117  individual’s detention or to allege that the individual is being
 1118  unjustly denied a right or privilege granted under this part, or
 1119  that a procedure authorized under this part is being abused;
 1120         8. Apply for a change of venue for the individual’s
 1121  involuntary placement hearing for the convenience of the parties
 1122  or witnesses or because of the individual’s condition;
 1123         9. Receive written notice of any restriction of the
 1124  individual’s right to inspect his or her clinical record;
 1125         10. Receive notice of the release of the individual from a
 1126  receiving facility where an involuntary examination was
 1127  performed;
 1128         11. Receive a copy of any petition for the individual’s
 1129  involuntary placement filed with the court; and
 1130         12. Be informed by the court of the individual’s right to
 1131  an independent expert evaluation pursuant to involuntary
 1132  placement procedures.
 1133         Section 7. Section 394.4598, Florida Statutes, is amended
 1134  to read:
 1135         394.4598 Guardian advocate.—
 1136         (1) The administrator may petition the court for the
 1137  appointment of a guardian advocate based upon the opinion of a
 1138  psychiatrist that an individual held for examination or admitted
 1139  for mental health or substance abuse treatment the patient is
 1140  incompetent to consent to treatment. If the court finds that the
 1141  individual a patient is incompetent to consent to treatment and
 1142  has not been adjudicated incapacitated and a guardian having
 1143  with the authority to consent to mental health or substance
 1144  abuse treatment has not been appointed, it shall appoint a
 1145  guardian advocate. The individual patient has the right to have
 1146  an attorney represent him or her at the hearing. If the
 1147  individual person is indigent, the court shall appoint the
 1148  office of the public defender to represent him or her at the
 1149  hearing. The individual patient has the right to testify, cross
 1150  examine witnesses, and present witnesses. The proceeding must
 1151  shall be recorded either electronically or stenographically, and
 1152  testimony shall be provided under oath. One of the professionals
 1153  authorized to give an opinion in support of a petition for
 1154  involuntary placement, as described in s. 394.4655 or s.
 1155  394.467, shall must testify. The A guardian advocate shall must
 1156  meet the qualifications of a guardian pursuant to contained in
 1157  part IV of chapter 744, except that a professional referred to
 1158  in this part, an employee of the facility providing direct
 1159  services to the patient under this part, a departmental
 1160  employee, a facility administrator, or member of the Florida
 1161  local advocacy council shall not be appointed. A person who is
 1162  appointed as a guardian advocate must agree to the appointment.
 1163  A person may not be appointed as a guardian advocate unless he
 1164  or she agrees to the appointment.
 1165         (2) The following persons are prohibited from being
 1166  appointed as an individual’s guardian advocate:
 1167         (a) A professional providing clinical services to the
 1168  individual under this part;
 1169         (b) The licensed professional who initiated the involuntary
 1170  examination of the individual, if the examination was initiated
 1171  by professional certificate;
 1172         (c) An employee, administrator, or board member of the
 1173  facility providing the examination of the individual;
 1174         (d) An employee, administrator, or board member of a
 1175  treatment facility providing treatment of the individual;
 1176         (e) A person providing any substantial professional
 1177  services to the individual, including clinical and nonclinical
 1178  services;
 1179         (f) A creditor of the individual;
 1180         (g) A person subject to an injunction for protection
 1181  against domestic violence under s. 741.30, whether the order of
 1182  injunction is temporary or final, and for which the individual
 1183  was the petitioner; and
 1184         (h) A person subject to an injunction for protection
 1185  against repeat violence, sexual violence, or dating violence
 1186  under s. 784.046, whether the order of injunction is temporary
 1187  or final, and for which the individual was the petitioner.
 1188         (3)(2) A facility requesting appointment of a guardian
 1189  advocate must, prior to the appointment, provide the prospective
 1190  guardian advocate with information about the duties and
 1191  responsibilities of guardian advocates, including the
 1192  information about the ethics of medical decisionmaking. Before
 1193  asking a guardian advocate to give consent to treatment for an
 1194  individual held for examination or admitted for mental health or
 1195  substance abuse treatment a patient, the facility shall provide
 1196  to the guardian advocate sufficient information to allow so that
 1197  the guardian advocate to can decide whether to give express and
 1198  informed consent to the treatment, including information that
 1199  the treatment is essential to the care of the individual
 1200  patient, and that the treatment does not present an unreasonable
 1201  risk of serious, hazardous, or irreversible side effects. Before
 1202  giving consent to treatment, the guardian advocate must meet and
 1203  talk with the individual patient and the individual’s patient’s
 1204  physician face to face in person, if at all possible, and by
 1205  telephone, if not. The guardian advocate shall make every effort
 1206  to make decisions regarding treatment that he or she believes
 1207  the individual would have made under the circumstances if the
 1208  individual were capable of making such a decision. The decision
 1209  of the guardian advocate may be reviewed by the court, upon
 1210  petition of the individual’s patient’s attorney, the
 1211  individual’s patient’s family, or the facility administrator.
 1212         (4)(3)Prior to A guardian advocate must attend at least a
 1213  4-hour training course approved by the court before exercising
 1214  his or her authority, the guardian advocate shall attend a
 1215  training course approved by the court. This training course, of
 1216  not less than 4 hours, must include, at minimum, information
 1217  about an the individual’s patient rights, psychotropic
 1218  medications, diagnosis of mental illness or substance abuse
 1219  impairment, the ethics of medical decisionmaking, and the duties
 1220  of guardian advocates. This training course shall take the place
 1221  of the training required for guardians appointed pursuant to
 1222  chapter 744.
 1223         (5)(4) The information to be supplied to prospective
 1224  guardian advocates before prior to their appointment and the
 1225  training course for guardian advocates must be developed and
 1226  completed through a course developed by the department and
 1227  approved by the chief judge of the circuit court and taught by a
 1228  court-approved organization. Court-approved organizations may
 1229  include, but need are not be limited to, community or junior
 1230  colleges, guardianship organizations, and the local bar
 1231  association or The Florida Bar. The court may, in its
 1232  discretion, waive some or all of the training requirements for
 1233  guardian advocates or impose additional requirements. The court
 1234  shall make its decision on a case-by-case basis and, in making
 1235  its decision, shall consider the experience and education of the
 1236  guardian advocate, the duties assigned to the guardian advocate,
 1237  and the needs of the individual subject to involuntary
 1238  examination or placement patient.
 1239         (6)(5) In selecting a guardian advocate, the court shall
 1240  give preference to a health care surrogate, if one has already
 1241  been designated by the individual held for examination or
 1242  admitted for mental health or substance abuse treatment patient.
 1243  If the individual patient has not previously selected a health
 1244  care surrogate, except for good cause documented in the court
 1245  record, the selection shall be made from the following list in
 1246  the order of listing:
 1247         (a) The individual’s patient’s spouse.
 1248         (b) An adult child of the individual patient.
 1249         (c) A parent of the individual patient.
 1250         (d) The adult next of kin of the individual patient.
 1251         (e) An adult friend of the individual patient.
 1252         (f) An adult trained and willing to serve as guardian
 1253  advocate for the individual patient.
 1254         (7)(6) If a guardian with the authority to consent to
 1255  medical treatment has not already been appointed or if the
 1256  individual held for examination or admitted for mental health or
 1257  substance abuse treatment patient has not already designated a
 1258  health care surrogate, the court may authorize the guardian
 1259  advocate to consent to medical treatment, as well as mental
 1260  health and substance abuse treatment. Unless otherwise limited
 1261  by the court, a guardian advocate with authority to consent to
 1262  medical treatment shall have the same authority to make health
 1263  care decisions and be subject to the same restrictions as a
 1264  proxy appointed under part IV of chapter 765. Unless the
 1265  guardian advocate has sought and received express court approval
 1266  in proceeding separate from the proceeding to determine the
 1267  competence of the patient to consent to medical treatment, the
 1268  guardian advocate may not consent to:
 1269         (a) Abortion.
 1270         (b) Sterilization.
 1271         (c) Electroconvulsive treatment.
 1272         (d) Psychosurgery.
 1273         (e) Experimental treatments that have not been approved by
 1274  a federally approved institutional review board in accordance
 1275  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 1276  
 1277  In making a medical treatment decision under this subsection,
 1278  the court shall must base its decision on evidence that the
 1279  treatment or procedure is essential to the care of the
 1280  individual patient and that the treatment does not present an
 1281  unreasonable risk of serious, hazardous, or irreversible side
 1282  effects. The court shall follow the procedures set forth in
 1283  subsection (1) of this section.
 1284         (8)(7) The guardian advocate shall be discharged when the
 1285  individual for whom he or she is appointed patient is discharged
 1286  from an order for involuntary outpatient placement or
 1287  involuntary inpatient placement or when the individual patient
 1288  is transferred from involuntary to voluntary status. The court
 1289  or a hearing officer shall consider the competence of the
 1290  individual patient pursuant to subsection (1) and may consider
 1291  an involuntarily placed individual’s patient’s competence to
 1292  consent to treatment at any hearing. Upon sufficient evidence,
 1293  the court may restore, or the magistrate or administrative law
 1294  judge hearing officer may recommend that the court restore, the
 1295  individual’s patient’s competence. A copy of the order restoring
 1296  competence or the certificate of discharge containing the
 1297  restoration of competence shall be provided to the individual
 1298  patient and the guardian advocate.
 1299         Section 8. Section 394.4599, Florida Statutes, is amended
 1300  to read:
 1301         394.4599 Notice.—
 1302         (1) VOLUNTARY ADMISSION PATIENTS.—Notice of an individual’s
 1303  a voluntary patient’s admission shall only be given only at the
 1304  request of the individual patient, except that, in an emergency,
 1305  notice shall be given as determined by the facility.
 1306         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1307         (a) Whenever notice is required to be given under this
 1308  part, such notice shall be given to the individual patient and
 1309  the individual’s patient’s guardian, guardian advocate, health
 1310  care surrogate or proxy, attorney, and representative.
 1311         1. When notice is required to be given to an individual a
 1312  patient, it shall be given both orally and in writing, in the
 1313  language and terminology that the individual patient can
 1314  understand, and, if needed, the facility shall provide an
 1315  interpreter for the individual patient.
 1316         2. Notice to an individual’s a patient’s guardian, guardian
 1317  advocate, health care surrogate or proxy, attorney, and
 1318  representative shall be given by United States mail and by
 1319  registered or certified mail with the receipts attached to the
 1320  patient’s clinical record. Hand delivery by a facility employee
 1321  may be used as an alternative, with delivery documented in the
 1322  clinical record. If notice is given by a state attorney or an
 1323  attorney for the department, a certificate of service is shall
 1324  be sufficient to document service.
 1325         (b) A receiving facility shall give prompt notice of the
 1326  whereabouts of an individual a patient who is being
 1327  involuntarily held for examination to the individual’s guardian,
 1328  guardian advocate, health care surrogate or proxy, attorney or
 1329  representative, by telephone or in person within 24 hours after
 1330  the individual’s patient’s arrival at the facility, unless the
 1331  patient requests that no notification be made. Contact attempts
 1332  shall be documented in the individual’s patient’s clinical
 1333  record and shall begin as soon as reasonably possible after the
 1334  individual’s patient’s arrival. Notice that a patient is being
 1335  admitted as an involuntary patient shall be given to the Florida
 1336  local advocacy council no later than the next working day after
 1337  the patient is admitted.
 1338         (c) The written notice of the filing of the petition for
 1339  involuntary placement of an individual being held must contain
 1340  the following:
 1341         1. Notice that the petition has been filed with the circuit
 1342  court in the county in which the individual patient is
 1343  hospitalized and the address of such court.
 1344         2. Notice that the office of the public defender has been
 1345  appointed to represent the individual patient in the proceeding,
 1346  if the individual patient is not otherwise represented by
 1347  counsel.
 1348         3. The date, time, and place of the hearing and the name of
 1349  each examining expert and every other person expected to testify
 1350  in support of continued detention.
 1351         4. Notice that the individual patient, the individual’s
 1352  patient’s guardian, guardian advocate, health care surrogate or
 1353  proxy, or representative, or the administrator may apply for a
 1354  change of venue for the convenience of the parties or witnesses
 1355  or because of the condition of the individual patient.
 1356         5. Notice that the individual patient is entitled to an
 1357  independent expert examination and, if the individual patient
 1358  cannot afford such an examination, that the court will provide
 1359  for one.
 1360         (d) A treatment facility shall provide notice of an
 1361  individual’s a patient’s involuntary admission on the next
 1362  regular working day after the individual’s patient’s arrival at
 1363  the facility.
 1364         (e) When an individual a patient is to be transferred from
 1365  one facility to another, notice shall be given by the facility
 1366  where the individual patient is located before prior to the
 1367  transfer.
 1368         Section 9. Subsections (1), (2), (3), and (10) of section
 1369  394.4615, Florida Statutes, are amended to read:
 1370         394.4615 Clinical records; confidentiality.—
 1371         (1) A clinical record shall be maintained for each
 1372  individual held for examination or admitted for treatment under
 1373  this part patient. The record shall include data pertaining to
 1374  admission and such other information as may be required under
 1375  rules of the department. A clinical record is confidential and
 1376  exempt from the provisions of s. 119.07(1). Unless waived by
 1377  express and informed consent of the individual, by the patient
 1378  or his or her the patient’s guardian, or guardian advocate,
 1379  health care surrogate or proxy, or, if the individual patient is
 1380  deceased, by his or her guardian, guardian advocate, health care
 1381  surrogate or proxy, by his or her the patient’s personal
 1382  representative or the family member who stands next in line of
 1383  intestate succession, the confidential status of the clinical
 1384  record shall not be lost by either authorized or unauthorized
 1385  disclosure to any person, organization, or agency.
 1386         (2) The clinical record of an individual held for
 1387  examination or admitted for treatment under this part shall be
 1388  released if when:
 1389         (a) The individual patient or the individual’s patient’s
 1390  guardian, guardian advocate, health care surrogate or proxy, or
 1391  representative authorizes the release. The guardian, or guardian
 1392  advocate, health care surrogate or proxy shall be provided
 1393  access to the appropriate clinical records of the patient. The
 1394  individual patient or the patient’s guardian, or guardian
 1395  advocate, health care surrogate or proxy may authorize the
 1396  release of information and clinical records to appropriate
 1397  persons to ensure the continuity of the individual’s patient’s
 1398  health care or mental health or substance abuse care.
 1399         (b) The individual patient is represented by counsel and
 1400  the records are needed by the individual’s patient’s counsel for
 1401  adequate representation.
 1402         (c) A petition for involuntary placement is filed and the
 1403  records are needed by the state attorney to evaluate and confirm
 1404  the allegations set forth in the petition or to prosecute the
 1405  petition. However, the state attorney may not use clinical
 1406  records obtained under this part for the purpose of criminal
 1407  investigation or prosecution, or for any other purpose not
 1408  authorized by this part.
 1409         (d)(c) The court orders such release. In determining
 1410  whether there is good cause for disclosure, the court shall
 1411  weigh the need for the information to be disclosed against the
 1412  possible harm of disclosure to the individual person to whom
 1413  such information pertains.
 1414         (e)(d) The individual patient is committed to, or is to be
 1415  returned to, the Department of Corrections from the Department
 1416  of Children and Families, and the Department of Corrections
 1417  requests such records. These records shall be furnished without
 1418  charge to the Department of Corrections.
 1419         (3) Information from the clinical record may be released in
 1420  the following circumstances:
 1421         (a) When a patient has declared an intention to harm other
 1422  persons. When such declaration has been made, the administrator
 1423  may authorize the release of sufficient information to provide
 1424  adequate warning to the person threatened with harm by the
 1425  patient.
 1426         (b) When the administrator of the facility or secretary of
 1427  the department deems release to a qualified researcher as
 1428  defined in administrative rule, an aftercare treatment provider,
 1429  or an employee or agent of the department is necessary for
 1430  treatment of the patient, maintenance of adequate records,
 1431  compilation of treatment data, aftercare planning, or evaluation
 1432  of programs.
 1433  
 1434  For the purpose of determining whether a person meets the
 1435  criteria for involuntary outpatient placement or for preparing
 1436  the proposed treatment plan pursuant to s. 394.4655, the
 1437  clinical record may be released to the state attorney, the
 1438  public defender or the patient’s private legal counsel, the
 1439  court, and to the appropriate mental health professionals,
 1440  including the service provider identified in s. 394.4655(7)(b)
 1441  s. 394.4655(6)(b)2., in accordance with state and federal law.
 1442         (10) An individual held for examination or admitted for
 1443  treatment Patients shall have reasonable access to his or her
 1444  their clinical records, unless such access is determined by the
 1445  individual’s patient’s physician to be harmful to the individual
 1446  patient. If the individual’s patient’s right to inspect his or
 1447  her clinical record is restricted by the facility, written
 1448  notice of such restriction shall be given to the individual
 1449  patient and the individual’s patient’s guardian, guardian
 1450  advocate, health care surrogate or proxy, or attorney, and
 1451  representative. In addition, the restriction shall be recorded
 1452  in the clinical record, together with the reasons for it. The
 1453  restriction of an individual’s a patient’s right to inspect his
 1454  or her clinical record shall expire after 7 days but may be
 1455  renewed, after review, for subsequent 7-day periods.
 1456         Section 10. Paragraphs (a) through (m) of subsection (1) of
 1457  section 394.462, Florida Statutes, are amended, and paragraph
 1458  (n) is added to that subsection, to read:
 1459         394.462 Transportation.—
 1460         (1) TRANSPORTATION TO A RECEIVING OR DETOXIFICATION
 1461  FACILITY.—
 1462         (a) Each county shall designate a single law enforcement
 1463  agency within the county, or portions thereof, to take an
 1464  individual a person into custody upon the entry of an ex parte
 1465  order or the execution of a certificate for involuntary
 1466  examination by an authorized professional and to transport that
 1467  individual person to the nearest receiving facility for
 1468  examination. The designated law enforcement agency may decline
 1469  to transport the individual person to a receiving or
 1470  detoxification facility only if:
 1471         1. The county or jurisdiction designated by the county has
 1472  contracted on an annual basis with an emergency medical
 1473  transport service or private transport company for
 1474  transportation of individuals persons to receiving facilities
 1475  pursuant to this section at the sole cost of the county; and
 1476         2. The law enforcement agency and the emergency medical
 1477  transport service or private transport company agree that the
 1478  continued presence of law enforcement personnel is not necessary
 1479  for the safety of the individuals being transported person or
 1480  others.
 1481         3. The jurisdiction designated by the county may seek
 1482  reimbursement for transportation expenses. The party responsible
 1483  for payment for such transportation is the person receiving the
 1484  transportation. The county shall seek reimbursement from the
 1485  following sources in the following order:
 1486         a. From an insurance company, health care corporation, or
 1487  other source, if the individual being transported person
 1488  receiving the transportation is covered by an insurance policy
 1489  or subscribes to a health care corporation or other source for
 1490  payment of such expenses.
 1491         b. From the individual being transported person receiving
 1492  the transportation.
 1493         c. From a financial settlement for medical care, treatment,
 1494  hospitalization, or transportation payable or accruing to the
 1495  injured party.
 1496         (b) Any company that transports a patient pursuant to this
 1497  subsection is considered an independent contractor and is solely
 1498  liable for the safe and dignified transportation of the patient.
 1499  Such company must be insured and provide no less than $100,000
 1500  in liability insurance with respect to the transportation of
 1501  patients.
 1502         (c) Any company that contracts with a governing board of a
 1503  county to transport patients shall comply with the applicable
 1504  rules of the department to ensure the safety and dignity of the
 1505  patients.
 1506         (d) When a law enforcement officer takes custody of a
 1507  person pursuant to this part, the officer may request assistance
 1508  from emergency medical personnel if such assistance is needed
 1509  for the safety of the officer or the person in custody.
 1510         (e) When a member of a mental health overlay program or a
 1511  mobile crisis response service is a professional authorized to
 1512  initiate an involuntary examination pursuant to s. 394.463 and
 1513  that professional evaluates a person and determines that
 1514  transportation to a receiving facility is needed, the service,
 1515  at its discretion, may transport the person to the facility or
 1516  may call on the law enforcement agency or other transportation
 1517  arrangement best suited to the needs of the patient.
 1518         (f) When a any law enforcement officer has custody of a
 1519  person, based on either noncriminal or minor criminal behavior,
 1520  a misdemeanor, or a felony other than a forcible felony as
 1521  defined in s. 776.08, who that meets the statutory guidelines
 1522  for involuntary examination under this part, the law enforcement
 1523  officer shall transport the individual person to the nearest
 1524  receiving facility for examination.
 1525         (g) When any law enforcement officer has arrested a person
 1526  for a forcible felony as defined in s. 776.08 and it appears
 1527  that the person meets the criteria statutory guidelines for
 1528  involuntary examination or placement under this part, such
 1529  person shall first be processed in the same manner as any other
 1530  criminal suspect. The law enforcement agency shall thereafter
 1531  immediately notify the nearest public receiving facility, which
 1532  shall be responsible for promptly arranging for the examination
 1533  and treatment of the person. A receiving facility may not is not
 1534  required to admit a person charged with a forcible felony as
 1535  defined in s. 776.08 crime for whom the facility determines and
 1536  documents that it is unable to provide adequate security, but
 1537  shall provide mental health examination and treatment to the
 1538  person at the location where he or she is held.
 1539         (h) If the appropriate law enforcement officer believes
 1540  that a person has an emergency medical condition as defined in
 1541  s. 395.002, the person may be first transported to a hospital
 1542  for emergency medical treatment, regardless of whether the
 1543  hospital is a designated receiving facility.
 1544         (i) The costs of transportation, evaluation,
 1545  hospitalization, and treatment incurred under this subsection by
 1546  persons who have been arrested for violations of any state law
 1547  or county or municipal ordinance may be recovered as provided in
 1548  s. 901.35.
 1549         (j) The nearest receiving facility must accept persons
 1550  brought by law enforcement officers for involuntary examination.
 1551         (k) Each law enforcement agency shall develop a memorandum
 1552  of understanding with each receiving facility within the law
 1553  enforcement agency’s jurisdiction which reflects a single set of
 1554  protocols for the safe and secure transportation of the person
 1555  and transfer of custody of the person. These protocols must also
 1556  address crisis intervention measures.
 1557         (l) When a jurisdiction has entered into a contract with an
 1558  emergency medical transport service or a private transport
 1559  company for transportation of persons to receiving facilities,
 1560  such service or company shall be given preference for
 1561  transportation of persons from nursing homes, assisted living
 1562  facilities, adult day care centers, or adult family-care homes,
 1563  unless the behavior of the person being transported is such that
 1564  transportation by a law enforcement officer is necessary.
 1565         (m) Nothing in this section shall be construed to limit
 1566  emergency examination and treatment of incapacitated persons
 1567  provided in accordance with the provisions of s. 401.445.
 1568         (n) Upon the request of an individual who appears to meet
 1569  criteria for voluntary admission under s. 394.4625(1)(a), a law
 1570  enforcement officer may transport him or her to a mental health
 1571  receiving facility, addictions receiving facility, or
 1572  detoxification facility.
 1573         Section 11. Subsections (1), (4), and (5) of section
 1574  394.4625, Florida Statutes, are amended and paragraph (c) of
 1575  subsection (2) of that section is added, to read:
 1576         394.4625 Voluntary admissions.—
 1577         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
 1578  PATIENTS.—
 1579         (a) In order to be admitted to a facility on a voluntary
 1580  status A facility may receive for observation, diagnosis, or
 1581  treatment: any person 18 years of age or older making
 1582  application by express and informed consent for admission or any
 1583  person age 17 or under for whom such application is made by his
 1584  or her guardian. If found to
 1585         1. An individual must show evidence of mental illness or
 1586  substance abuse impairment; and, to be competent to provide
 1587  express and informed consent, and to be suitable for treatment,
 1588  such person 18 years of age or older may be admitted to the
 1589  facility. A person age 17 or under may be admitted only after a
 1590  hearing to verify the voluntariness of the consent.
 1591         2. An individual must be suitable for treatment by the
 1592  facility.
 1593         3. An adult must provide, and be competent to provide,
 1594  express and informed consent.
 1595         4. A minor may only be admitted on the basis of the express
 1596  and informed consent of the minor’s guardian in conjunction with
 1597  the consent of the minor, except that a minor may be admitted to
 1598  an addictions receiving facility or detoxification facility by
 1599  his or her own consent without consent of the minor’s guardian,
 1600  if a physician documents in the clinical record that the minor
 1601  has a substance abuse impairment. If the minor is admitted by
 1602  his or her own consent and without consent of the minor’s
 1603  guardian, the facility must request the minor’s permission to
 1604  notify an adult family member or friend of the minor’s voluntary
 1605  admission into the facility.
 1606         a. The consent of the minor is an affirmative agreement by
 1607  the minor to remain at the facility for examination or
 1608  treatment, and failure to object does not constitute consent.
 1609         b. The minor’s consent must be verified through a clinical
 1610  assessment that is documented in the clinical record and
 1611  conducted within 12 hours after arrival at the facility by a
 1612  licensed professional authorized to initiate an involuntary
 1613  examination pursuant to s. 394.463.
 1614         c. In verifying the minor’s consent, and using language
 1615  that is appropriate to the minor’s age, experience, maturity,
 1616  and condition, the examining professional must provide the minor
 1617  with an explanation as to why the minor will be examined and
 1618  treated, what the minor can expect while in the facility, and
 1619  when the minor may expect to be released. The examining
 1620  professional must determine and document that the minor is able
 1621  to understand the information.
 1622         d. Unless the minor’s consent is verified pursuant to this
 1623  section, a petition for involuntary inpatient placement shall be
 1624  filed with the court within 1 court working day after his or her
 1625  arrival or the minor must be released to his or her guardian.
 1626         (b) A mental health overlay program or a mobile crisis
 1627  response service or a licensed professional who is authorized to
 1628  initiate an involuntary examination pursuant to s. 394.463 and
 1629  is employed by a community mental health center or clinic must,
 1630  pursuant to district procedure approved by the respective
 1631  district administrator, conduct an initial assessment of the
 1632  ability of the following persons to give express and informed
 1633  consent to treatment before such persons may be admitted
 1634  voluntarily:
 1635         1. A person 60 years of age or older for whom transfer is
 1636  being sought from a nursing home, assisted living facility,
 1637  adult day care center, or adult family-care home, when such
 1638  person has been diagnosed as suffering from dementia.
 1639         2. A person 60 years of age or older for whom transfer is
 1640  being sought from a nursing home pursuant to s. 400.0255(12).
 1641         3. A person for whom all decisions concerning medical
 1642  treatment are currently being lawfully made by the health care
 1643  surrogate or proxy designated under chapter 765.
 1644         (c) When an initial assessment of the ability of a person
 1645  to give express and informed consent to treatment is required
 1646  under this section, and a mobile crisis response service does
 1647  not respond to the request for an assessment within 2 hours
 1648  after the request is made or informs the requesting facility
 1649  that it will not be able to respond within 2 hours after the
 1650  request is made, the requesting facility may arrange for
 1651  assessment by any licensed professional authorized to initiate
 1652  an involuntary examination pursuant to s. 394.463 who is not
 1653  employed by or under contract with, and does not have a
 1654  financial interest in, either the facility initiating the
 1655  transfer or the receiving facility to which the transfer may be
 1656  made.
 1657         (d) A facility may not admit as a voluntary patient a
 1658  person who has been adjudicated incapacitated, unless the
 1659  condition of incapacity has been judicially removed. If a
 1660  facility admits as a voluntary patient a person who is later
 1661  determined to have been adjudicated incapacitated, and the
 1662  condition of incapacity had not been removed by the time of the
 1663  admission, the facility must either discharge the patient or
 1664  transfer the patient to involuntary status.
 1665         (e) The health care surrogate or proxy of an individual on
 1666  a voluntary status patient may not consent to the provision of
 1667  mental health treatment or substance abuse treatment for that
 1668  individual the patient. An individual on voluntary status A
 1669  voluntary patient who is unwilling or unable to provide express
 1670  and informed consent to mental health treatment must either be
 1671  discharged or transferred to involuntary status.
 1672         (f) Within 24 hours after admission of a voluntary patient,
 1673  the admitting physician shall document in the patient’s clinical
 1674  record that the patient is able to give express and informed
 1675  consent for admission. If the patient is not able to give
 1676  express and informed consent for admission, the facility shall
 1677  either discharge the patient or transfer the patient to
 1678  involuntary status pursuant to subsection (5).
 1679         (2) RELEASE OR DISCHARGE OF VOLUNTARY PATIENTS.—
 1680         (a) A facility shall discharge a voluntary patient:
 1681         1. Who has sufficiently improved so that retention in the
 1682  facility is no longer desirable. A patient may also be
 1683  discharged to the care of a community facility.
 1684         2. Who revokes consent to admission or requests discharge.
 1685  A voluntary patient or a relative, friend, or attorney of the
 1686  patient may request discharge either orally or in writing at any
 1687  time following admission to the facility. The patient must be
 1688  discharged within 24 hours of the request, unless the request is
 1689  rescinded or the patient is transferred to involuntary status
 1690  pursuant to this section. The 24-hour time period may be
 1691  extended by a treatment facility when necessary for adequate
 1692  discharge planning, but shall not exceed 3 days exclusive of
 1693  weekends and holidays. If the patient, or another on the
 1694  patient’s behalf, makes an oral request for discharge to a staff
 1695  member, such request shall be immediately entered in the
 1696  patient’s clinical record. If the request for discharge is made
 1697  by a person other than the patient, the discharge may be
 1698  conditioned upon the express and informed consent of the
 1699  patient.
 1700         (b) A voluntary patient who has been admitted to a facility
 1701  and who refuses to consent to or revokes consent to treatment
 1702  shall be discharged within 24 hours after such refusal or
 1703  revocation, unless transferred to involuntary status pursuant to
 1704  this section or unless the refusal or revocation is freely and
 1705  voluntarily rescinded by the patient.
 1706         (c) An individual on voluntary status who is currently
 1707  charged with a crime shall be returned to the custody of a law
 1708  enforcement officer upon release or discharge from a facility,
 1709  unless the individual has been released from law enforcement
 1710  custody by posting of a bond, by a pretrial conditional release,
 1711  or by other judicial release.
 1712         (4) TRANSFER TO VOLUNTARY STATUS.—An individual on
 1713  involuntary status patient who has been assessed and certified
 1714  by a physician or psychologist as competent to provide express
 1715  and informed consent and who applies to be transferred to
 1716  voluntary status shall be transferred to voluntary status
 1717  immediately, unless the individual patient has been charged with
 1718  a crime, or has been involuntarily placed for treatment by a
 1719  court pursuant to s. 394.467 and continues to meet the criteria
 1720  for involuntary placement. When transfer to voluntary status
 1721  occurs, notice shall be given as provided in s. 394.4599.
 1722         (5) TRANSFER TO INVOLUNTARY STATUS.—If an individual on
 1723  When a voluntary status patient, or an authorized person on the
 1724  individual’s patient’s behalf, makes a request for discharge,
 1725  the request for discharge, unless freely and voluntarily
 1726  rescinded, must be communicated to a physician, clinical
 1727  psychologist, or psychiatrist as quickly as possible within, but
 1728  not later than 12 hours after the request is made. If the
 1729  individual patient meets the criteria for involuntary placement,
 1730  the individual must be transferred to a designated receiving
 1731  facility and the administrator of the receiving facility where
 1732  the individual is held must file with the court a petition for
 1733  involuntary placement, within 2 court working days after the
 1734  request for discharge is made. If the petition is not filed
 1735  within 2 court working days, the individual must patient shall
 1736  be discharged. Pending the filing of the petition, the
 1737  individual patient may be held and emergency mental health
 1738  treatment rendered in the least restrictive manner, upon the
 1739  written order of a physician, if it is determined that such
 1740  treatment is necessary for the safety of the individual patient
 1741  or others.
 1742         Section 12. Section 394.463, Florida Statutes, is amended
 1743  to read:
 1744         394.463 Involuntary examination.—
 1745         (1) CRITERIA.—A person may be subject to an taken to a
 1746  receiving facility for involuntary examination if there is
 1747  reason to believe that he or she the person has a mental illness
 1748  or substance abuse impairment and because of this his or her
 1749  mental illness or substance abuse impairment:
 1750         (a)1. The person has refused voluntary examination after
 1751  conscientious explanation and disclosure of the purpose of the
 1752  examination; or
 1753         2. The person is unable to determine for himself or herself
 1754  whether examination is necessary; and
 1755         (b)1. Without care or treatment, the person is likely to
 1756  suffer from neglect or refuse to care for himself or herself;
 1757  such neglect or refusal poses a real and present threat of
 1758  substantial harm to his or her well-being; and it is not
 1759  apparent that such harm may be avoided through the help of
 1760  willing family members or friends or the provision of other
 1761  services; or
 1762         2. There is a substantial likelihood that without care or
 1763  treatment the person will cause serious bodily harm to himself
 1764  or herself or others in the near future, as evidenced by recent
 1765  behavior.
 1766         (2) INVOLUNTARY EXAMINATION.—
 1767         (a) An involuntary examination may be initiated by any one
 1768  of the following means:
 1769         1. A court may enter an ex parte order stating that an
 1770  individual a person appears to meet the criteria for involuntary
 1771  examination, giving the findings on which that conclusion is
 1772  based. The ex parte order for involuntary examination must be
 1773  based on sworn testimony, written or oral, which includes
 1774  specific facts that support the finding that the criteria have
 1775  been met. Any behavior relied on for the issuance of an ex parte
 1776  order must have occurred within the preceding 7 calendar days.
 1777  The order must specify whether the individual must be taken to a
 1778  mental health facility, detoxification facility, or addictions
 1779  receiving facility. If other less restrictive means are not
 1780  available, such as voluntary appearance for outpatient
 1781  evaluation, A law enforcement officer, or other designated agent
 1782  of the court, shall take the individual person into custody and
 1783  deliver him or her to the nearest receiving facility of the type
 1784  specified in the order for involuntary examination. However, if
 1785  the county in which the individual is taken into custody has a
 1786  transportation exception plan specifying a central receiving
 1787  facility, the law enforcement officer shall transport the
 1788  individual to the central receiving facility pursuant to the
 1789  plan. The order of the court order must shall be made a part of
 1790  the patient’s clinical record. A No fee may not shall be charged
 1791  for the filing of an order under this subsection. Any receiving
 1792  facility accepting the individual patient based on the court’s
 1793  this order must send a copy of the order to the Agency for
 1794  Health Care Administration on the next working day. The order is
 1795  shall be valid only until executed or, if not executed, for the
 1796  period specified in the order itself. If no time limit is
 1797  specified in the order, the order is shall be valid for 7 days
 1798  after the date it that the order was signed.
 1799         2. A law enforcement officer shall take a person who
 1800  appears to meet the criteria for involuntary examination into
 1801  custody and deliver the person or have him or her delivered to
 1802  the nearest mental health receiving facility, addictions
 1803  receiving facility, or detoxification facility, whichever the
 1804  officer determines is most appropriate for examination. However,
 1805  if the county in which the individual taken into custody has a
 1806  transportation exception plan specifying a central receiving
 1807  facility, the law enforcement officer shall transport the
 1808  individual to the central receiving facility pursuant to the
 1809  plan. The officer shall complete execute a written report
 1810  detailing the circumstances under which the individual person
 1811  was taken into custody., and The report shall be made a part of
 1812  the patient’s clinical record. Any receiving facility or
 1813  detoxification facility accepting the individual patient based
 1814  on the this report must send a copy of the report to the Agency
 1815  for Health Care Administration on the next working day.
 1816         3. A physician, physician assistant, clinical psychologist,
 1817  advanced registered nurse practitioner certified pursuant to s.
 1818  464.012, psychiatric nurse, mental health counselor, marriage
 1819  and family therapist, or clinical social worker may execute a
 1820  certificate stating that he or she has examined the individual a
 1821  person within the preceding 48 hours and finds that the
 1822  individual person appears to meet the criteria for involuntary
 1823  examination and stating the observations upon which that
 1824  conclusion is based. The certificate must specify whether the
 1825  individual is to be taken to a mental health receiving facility,
 1826  an addictions receiving facility, or a detoxification facility,
 1827  and must include specific facts supporting the conclusion that
 1828  the individual would benefit from services provided by the type
 1829  of facility specified. If other less restrictive means are not
 1830  available, such as voluntary appearance for outpatient
 1831  evaluation, A law enforcement officer shall take the individual
 1832  person named in the certificate into custody and deliver him or
 1833  her to the nearest receiving facility of the type specified in
 1834  the certificate for involuntary examination. However, if the
 1835  county in which the individual is taken into custody has a
 1836  transportation exception plan specifying a central receiving
 1837  facility, the law enforcement officer shall transport the
 1838  individual to the central receiving facility pursuant to the
 1839  plan. A law enforcement officer may only take an individual into
 1840  custody on the basis of a certificate within 7 calendar days
 1841  after execution of the certificate. The law enforcement officer
 1842  shall complete execute a written report detailing the
 1843  circumstances under which the individual person was taken into
 1844  custody. The report and certificate shall be made a part of the
 1845  patient’s clinical record. Any receiving facility accepting the
 1846  individual patient based on the this certificate must send a
 1847  copy of the certificate to the Agency for Health Care
 1848  Administration on the next working day.
 1849         (b) An individual may A person shall not be removed from a
 1850  any program or residential placement licensed under chapter 400
 1851  or chapter 429 and transported to a receiving facility for
 1852  involuntary examination unless an ex parte order, a professional
 1853  certificate, or a law enforcement officer’s report is first
 1854  prepared. If the condition of the individual person is such that
 1855  preparation of a law enforcement officer’s report is not
 1856  practicable before removal, the report must shall be completed
 1857  as soon as possible after removal, but in any case before the
 1858  individual person is transported to a receiving facility. A
 1859  receiving facility admitting an individual a person for
 1860  involuntary examination who is not accompanied by the required
 1861  ex parte order, professional certificate, or law enforcement
 1862  officer’s report must shall notify the Agency for Health Care
 1863  Administration of such admission by certified mail by no later
 1864  than the next working day. The provisions of this paragraph do
 1865  not apply when transportation is provided by the patient’s
 1866  family or guardian.
 1867         (c) A law enforcement officer acting in accordance with an
 1868  ex parte order issued pursuant to this subsection may serve and
 1869  execute such order on any day of the week, at any time of the
 1870  day or night.
 1871         (d) A law enforcement officer acting in accordance with an
 1872  ex parte order issued pursuant to this subsection may use such
 1873  reasonable physical force as is necessary to gain entry to the
 1874  premises, and any dwellings, buildings, or other structures
 1875  located on the premises, and to take custody of the person who
 1876  is the subject of the ex parte order.
 1877         (e) Petitions and The Agency for Health Care Administration
 1878  shall receive and maintain the copies of ex parte orders,
 1879  involuntary outpatient placement orders, involuntary outpatient
 1880  placement petitions and orders issued pursuant to s. 394.4655,
 1881  involuntary inpatient placement petitions and orders issued
 1882  pursuant to s. 394.467, professional certificates, and law
 1883  enforcement officers’ reports are. These documents shall be
 1884  considered part of the clinical record, governed by the
 1885  provisions of s. 394.4615. The agency shall prepare annual
 1886  reports analyzing the data obtained from these documents,
 1887  without information identifying individuals held for examination
 1888  or admitted for mental health and substance abuse treatment
 1889  patients, and shall provide copies of reports to the department,
 1890  the President of the Senate, the Speaker of the House of
 1891  Representatives, and the minority leaders of the Senate and the
 1892  House of Representatives.
 1893         (f) An individual held for examination A patient shall be
 1894  examined by a physician, a or clinical psychologist, or a
 1895  psychiatric nurse at a receiving facility without unnecessary
 1896  delay and may, upon the order of a physician, be given emergency
 1897  mental health treatment if it is determined that such treatment
 1898  is necessary for the safety of the individual patient or others.
 1899  The patient may not be released by the receiving facility or its
 1900  contractor without the documented approval of a psychiatrist, a
 1901  clinical psychologist, or, if the receiving facility is a
 1902  hospital, the release may also be approved by an attending
 1903  emergency department physician with experience in the diagnosis
 1904  and treatment of mental and nervous disorders and after
 1905  completion of an involuntary examination pursuant to this
 1906  subsection. However, a patient may not be held in a receiving
 1907  facility for involuntary examination longer than 72 hours.
 1908         (g) An individual may not be held for involuntary
 1909  examination for more than 72 hours from the time of the
 1910  individual’s arrival at the facility, except that this period
 1911  may be extended by 48 hours if a physician documents in the
 1912  clinical record that the individual has ongoing symptoms of
 1913  substance intoxication or substance withdrawal and the
 1914  individual would likely experience significant clinical benefit
 1915  from detoxification services. This determination must be made
 1916  based on a face-to-face examination conducted by the physician
 1917  no less than 48 hours and not more than 72 hours after the
 1918  individual’s arrival at the facility. Based on the individual’s
 1919  needs, one of the following actions must be taken within the
 1920  involuntary examination period:
 1921         1. The individual shall be released with the approval of a
 1922  psychiatrist, psychiatric nurse, or psychologist. However, if
 1923  the examination is conducted in a hospital, an emergency
 1924  department physician may approve the release. If the examination
 1925  is conducted in an addictions receiving facility or
 1926  detoxification facility, a physician may approve release. The
 1927  professional approving release must have personally conducted
 1928  the involuntary examination;
 1929         2. The individual shall be asked to provide express and
 1930  informed consent for voluntary admission if a physician or
 1931  psychologist has determined that the individual is competent to
 1932  consent to treatment; or
 1933         3. A petition for involuntary placement shall be completed
 1934  and filed in the circuit court by the receiving facility
 1935  administrator if involuntary outpatient or inpatient placement
 1936  is deemed necessary. If the 72-hour period ends on a weekend or
 1937  legal holiday, the petition must be filed by the next working
 1938  day. If inpatient placement is deemed necessary, the least
 1939  restrictive treatment consistent with the optimum improvement of
 1940  the individual’s condition must be made available.
 1941         (h) An individual released from a receiving or treatment
 1942  facility on a voluntary or involuntary basis who is currently
 1943  charged with a crime shall be returned to the custody of law
 1944  enforcement, unless the individual has been released from law
 1945  enforcement custody by posting of a bond, by a pretrial
 1946  conditional release, or by other judicial release.
 1947         (i)If an individual A person for whom an involuntary
 1948  examination has been initiated who is being evaluated or treated
 1949  at a hospital for an emergency medical condition specified in s.
 1950  395.002 the involuntary examination period must be examined by a
 1951  receiving facility within 72 hours. The 72-hour period begins
 1952  when the individual patient arrives at the hospital and ceases
 1953  when a the attending physician documents that the individual
 1954  patient has an emergency medical condition. The 72-hour period
 1955  resumes when the physician documents that the emergency medical
 1956  condition has stabilized or does not exist. If the patient is
 1957  examined at a hospital providing emergency medical services by a
 1958  professional qualified to perform an involuntary examination and
 1959  is found as a result of that examination not to meet the
 1960  criteria for involuntary outpatient placement pursuant to s.
 1961  394.4655(1) or involuntary inpatient placement pursuant to s.
 1962  394.467(1), the patient may be offered voluntary placement, if
 1963  appropriate, or released directly from the hospital providing
 1964  emergency medical services. The finding by the professional that
 1965  the patient has been examined and does not meet the criteria for
 1966  involuntary inpatient placement or involuntary outpatient
 1967  placement must be entered into the patient’s clinical record.
 1968  Nothing in this paragraph is intended to prevent A hospital
 1969  providing emergency medical services may transfer an individual
 1970  from appropriately transferring a patient to another hospital
 1971  before prior to stabilization if, provided the requirements of
 1972  s. 395.1041(3)(c) are have been met. One of the following
 1973  actions must occur within 12 hours after a physician documents
 1974  that the individual’s emergency medical condition has stabilized
 1975  or does not exist:
 1976         (h) One of the following must occur within 12 hours after
 1977  the patient’s attending physician documents that the patient’s
 1978  medical condition has stabilized or that an emergency medical
 1979  condition does not exist:
 1980         1. The individual shall be examined by a physician,
 1981  psychiatric nurse or psychologist and, if found not to meet the
 1982  criteria for involuntary examination pursuant to s. 394.463,
 1983  shall be released directly from the hospital providing the
 1984  emergency medical services. The results of the examination,
 1985  including the final disposition, shall be entered into the
 1986  clinical records; or
 1987         2. The individual shall be transferred to a receiving
 1988  facility for examination if appropriate medical and mental
 1989  health treatment is available. However, the receiving facility
 1990  must be notified of the transfer within 2 hours after the
 1991  individual’s condition has been stabilized or after
 1992  determination that an emergency medical condition does not
 1993  exist. The patient must be examined by a designated receiving
 1994  facility and released; or
 1995         2. The patient must be transferred to a designated
 1996  receiving facility in which appropriate medical treatment is
 1997  available. However, the receiving facility must be notified of
 1998  the transfer within 2 hours after the patient’s condition has
 1999  been stabilized or after determination that an emergency medical
 2000  condition does not exist.
 2001         (i) Within the 72-hour examination period or, if the 72
 2002  hours ends on a weekend or holiday, no later than the next
 2003  working day thereafter, one of the following actions must be
 2004  taken, based on the individual needs of the patient:
 2005         1. The patient shall be released, unless he or she is
 2006  charged with a crime, in which case the patient shall be
 2007  returned to the custody of a law enforcement officer;
 2008         2. The patient shall be released, subject to the provisions
 2009  of subparagraph 1., for voluntary outpatient treatment;
 2010         3. The patient, unless he or she is charged with a crime,
 2011  shall be asked to give express and informed consent to placement
 2012  as a voluntary patient, and, if such consent is given, the
 2013  patient shall be admitted as a voluntary patient; or
 2014         4. A petition for involuntary placement shall be filed in
 2015  the circuit court when outpatient or inpatient treatment is
 2016  deemed necessary. When inpatient treatment is deemed necessary,
 2017  the least restrictive treatment consistent with the optimum
 2018  improvement of the patient’s condition shall be made available.
 2019  When a petition is to be filed for involuntary outpatient
 2020  placement, it shall be filed by one of the petitioners specified
 2021  in s. 394.4655(3)(a). A petition for involuntary inpatient
 2022  placement shall be filed by the facility administrator.
 2023         (3) NOTICE OF RELEASE.—Notice of the release shall be given
 2024  to the individual’s patient’s guardian, health care surrogate or
 2025  proxy, or representative, to any person who executed a
 2026  certificate admitting the individual patient to the receiving
 2027  facility, and to any court that which ordered the individual’s
 2028  examination patient’s evaluation.
 2029         Section 13. Section 394.4655, Florida Statutes, is amended
 2030  to read:
 2031         394.4655 Involuntary outpatient placement.—
 2032         (1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.—An
 2033  individual A person may be ordered to involuntary outpatient
 2034  placement upon a finding of the court that by clear and
 2035  convincing evidence that:
 2036         (a) The individual is an adult person is 18 years of age or
 2037  older;
 2038         (b) The individual person has a mental illness or substance
 2039  abuse impairment;
 2040         (c) The individual person is unlikely to survive safely in
 2041  the community without supervision, based on a clinical
 2042  determination;
 2043         (d) The individual person has a history of lack of
 2044  compliance with treatment for mental illness or substance abuse
 2045  impairment;
 2046         (e) The individual person has:
 2047         1. Within At least twice within the immediately preceding
 2048  36 months, been involuntarily admitted to a receiving or
 2049  treatment facility as defined in s. 394.455, or has received
 2050  mental health or substance abuse services in a forensic or
 2051  correctional facility. The 36-month period does not include any
 2052  period during which the individual person was admitted or
 2053  incarcerated; or
 2054         2. Engaged in one or more acts of serious violent behavior
 2055  toward self or others, or attempts at serious bodily harm to
 2056  himself or herself or others, within the preceding 36 months;
 2057         (f) Due to The person is, as a result of his or her mental
 2058  illness or substance abuse impairment, the individual is,
 2059  unlikely to voluntarily participate in the recommended treatment
 2060  plan and either he or she has refused voluntary placement for
 2061  treatment after sufficient and conscientious explanation and
 2062  disclosure of the purpose of placement for treatment or he or
 2063  she is unable to determine for himself or herself whether
 2064  placement is necessary;
 2065         (g) In view of the individual’s person’s treatment history
 2066  and current behavior, the individual person is in need of
 2067  involuntary outpatient placement in order to prevent a relapse
 2068  or deterioration that would be likely to result in serious
 2069  bodily harm to self himself or herself or others, or a
 2070  substantial harm to his or her well-being as set forth in s.
 2071  394.463(1);
 2072         (h) It is likely that the individual person will benefit
 2073  from involuntary outpatient placement; and
 2074         (i) All available, less restrictive alternatives that would
 2075  offer an opportunity for improvement of his or her condition
 2076  have been judged to be inappropriate or unavailable.
 2077         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
 2078         (a)1.An individual A patient who is being recommended for
 2079  involuntary outpatient placement by the administrator of the
 2080  receiving facility where he or she the patient has been examined
 2081  may be retained by the facility after adherence to the notice
 2082  procedures provided in s. 394.4599.
 2083         1. The recommendation must be supported by the opinion of a
 2084  psychiatrist and the second opinion of a clinical psychologist
 2085  or another psychiatrist, both of whom have personally examined
 2086  the individual patient within the preceding 72 hours, that the
 2087  criteria for involuntary outpatient placement are met. However,
 2088  in a county having a population of fewer than 50,000, if the
 2089  administrator certifies that a psychiatrist or clinical
 2090  psychologist is not available to provide the second opinion, the
 2091  second opinion may be provided by a licensed physician who has
 2092  postgraduate training and experience in diagnosis and treatment
 2093  of mental and nervous disorders or by a psychiatric nurse. Any
 2094  second opinion authorized in this subparagraph may be conducted
 2095  through a face-to-face examination, in person or by electronic
 2096  means. Such recommendation must be entered on an involuntary
 2097  outpatient placement certificate that authorizes the receiving
 2098  facility to retain the individual patient pending completion of
 2099  a hearing. The certificate shall be made a part of the patient’s
 2100  clinical record.
 2101         2. If the individual patient has been stabilized and no
 2102  longer meets the criteria for involuntary examination pursuant
 2103  to s. 394.463(1), he or she the patient must be released from
 2104  the receiving facility while awaiting the hearing for
 2105  involuntary outpatient placement.
 2106         3. Before filing a petition for involuntary outpatient
 2107  treatment, the administrator of the a receiving facility or a
 2108  designated department representative must identify the service
 2109  provider that will have primary responsibility for service
 2110  provision under an order for involuntary outpatient placement,
 2111  unless the individual person is otherwise participating in
 2112  outpatient psychiatric treatment and is not in need of public
 2113  financing for that treatment, in which case the individual, if
 2114  eligible, may be ordered to involuntary treatment pursuant to
 2115  the existing psychiatric treatment relationship.
 2116         4.3. The service provider shall prepare a written proposed
 2117  treatment plan in consultation with the individual being held
 2118  patient or his or her the patient’s guardian advocate, if
 2119  appointed, for the court’s consideration for inclusion in the
 2120  involuntary outpatient placement order. The service provider
 2121  shall also provide a copy of the proposed treatment plan to the
 2122  individual patient and the administrator of the receiving
 2123  facility. The treatment plan must specify the nature and extent
 2124  of the individual’s patient’s mental illness or substance abuse
 2125  impairment, address the reduction of symptoms that necessitate
 2126  involuntary outpatient placement, and include measurable goals
 2127  and objectives for the services and treatment that are provided
 2128  to treat the individual’s person’s mental illness or substance
 2129  abuse impairment and assist the individual person in living and
 2130  functioning in the community or to prevent a relapse or
 2131  deterioration. Service providers may select and supervise other
 2132  providers individuals to implement specific aspects of the
 2133  treatment plan. The services in the treatment plan must be
 2134  deemed clinically appropriate by a physician, clinical
 2135  psychologist, psychiatric nurse, mental health counselor,
 2136  marriage and family therapist, or clinical social worker who
 2137  consults with, or is employed or contracted by, the service
 2138  provider. The service provider must certify to the court in the
 2139  proposed treatment plan whether sufficient services for
 2140  improvement and stabilization are currently available and
 2141  whether the service provider agrees to provide those services.
 2142  If the service provider certifies that the services in the
 2143  proposed treatment plan are not available, the petitioner may
 2144  not file the petition.
 2145         (b) If an individual a patient in involuntary inpatient
 2146  placement meets the criteria for involuntary outpatient
 2147  placement, the administrator of the treatment facility may,
 2148  before the expiration of the period during which the treatment
 2149  facility is authorized to retain the individual patient,
 2150  recommend involuntary outpatient placement.
 2151         1. The recommendation must be supported by the opinion of a
 2152  psychiatrist and the second opinion of a clinical psychologist
 2153  or another psychiatrist, both of whom have personally examined
 2154  the individual patient within the preceding 72 hours, that the
 2155  criteria for involuntary outpatient placement are met. However,
 2156  in a county having a population of fewer than 50,000, if the
 2157  administrator certifies that a psychiatrist or clinical
 2158  psychologist is not available to provide the second opinion, the
 2159  second opinion may be provided by a licensed physician who has
 2160  postgraduate training and experience in diagnosis and treatment
 2161  of mental and nervous disorders or by a psychiatric nurse. Any
 2162  second opinion authorized in this subparagraph may be conducted
 2163  through a face-to-face examination, in person or by electronic
 2164  means. Such recommendation must be entered on an involuntary
 2165  outpatient placement certificate, and the certificate must be
 2166  made a part of the individual’s patient’s clinical record.
 2167         2.(c)1. The administrator of the treatment facility shall
 2168  provide a copy of the involuntary outpatient placement
 2169  certificate and a copy of the state mental health discharge form
 2170  to a department representative in the county where the
 2171  individual patient will be residing. For persons who are leaving
 2172  a state mental health treatment facility, the petition for
 2173  involuntary outpatient placement must be filed in the county
 2174  where the patient will be residing.
 2175         3.2. The service provider that will have primary
 2176  responsibility for service provision shall be identified by the
 2177  designated department representative prior to the order for
 2178  involuntary outpatient placement and must, before prior to
 2179  filing a petition for involuntary outpatient placement, certify
 2180  to the court whether the services recommended in the
 2181  individual’s patient’s discharge plan are available in the local
 2182  community and whether the service provider agrees to provide
 2183  those services. The service provider must develop with the
 2184  individual patient, or the patient’s guardian advocate, if one
 2185  is appointed, a treatment or service plan that addresses the
 2186  needs identified in the discharge plan. The plan must be deemed
 2187  to be clinically appropriate by a physician, clinical
 2188  psychologist, psychiatric nurse, mental health counselor,
 2189  marriage and family therapist, or clinical social worker, as
 2190  defined in this chapter, who consults with, or is employed or
 2191  contracted by, the service provider.
 2192         3. If the service provider certifies that the services in
 2193  the proposed treatment or service plan are not available, the
 2194  petitioner may not file the petition.
 2195         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
 2196         (a) A petition for involuntary outpatient placement may be
 2197  filed by:
 2198         1. The administrator of a mental health receiving facility,
 2199  an addictions receiving facility, or a detoxification facility;
 2200  or
 2201         2. The administrator of a treatment facility.
 2202         (b) Each required criterion for involuntary outpatient
 2203  placement must be alleged and substantiated in the petition for
 2204  involuntary outpatient placement. A copy of the certificate
 2205  recommending involuntary outpatient placement completed by a
 2206  qualified professional specified in subsection (2) must be
 2207  attached to the petition. A copy of the proposed treatment plan
 2208  must be attached to the petition. Before the petition is filed,
 2209  the service provider shall certify that the services in the
 2210  proposed treatment plan are available. If the necessary services
 2211  are not available in the patient’s local community where the
 2212  individual will reside to respond to the person’s individual
 2213  needs, the petition may not be filed.
 2214         (c) A The petition for involuntary outpatient placement
 2215  must be filed in the county where the individual who is the
 2216  subject of the petition patient is located, unless the
 2217  individual patient is being placed from a state treatment
 2218  facility, in which case the petition must be filed in the county
 2219  where the individual patient will reside. When the petition is
 2220  has been filed, the clerk of the court shall provide copies of
 2221  the petition and the proposed treatment plan to the department,
 2222  the individual patient, the individual’s patient’s guardian,
 2223  guardian advocate, health care surrogate or proxy, or
 2224  representative, the state attorney, and the public defender or
 2225  the individual’s patient’s private counsel. A fee may not be
 2226  charged for filing a petition under this subsection.
 2227         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2228  after the filing of a petition for involuntary outpatient
 2229  placement, the court shall appoint the public defender to
 2230  represent the individual person who is the subject of the
 2231  petition, unless the individual person is otherwise represented
 2232  by counsel. The clerk of the court shall immediately notify the
 2233  public defender of the appointment. The public defender shall
 2234  represent the individual person until the petition is dismissed,
 2235  the court order expires, or the individual patient is discharged
 2236  from involuntary outpatient placement. An attorney who
 2237  represents the individual patient shall have access to the
 2238  individual patient, witnesses, and records relevant to the
 2239  presentation of the individual’s patient’s case and shall
 2240  represent the interests of the individual patient, regardless of
 2241  the source of payment to the attorney. An attorney representing
 2242  an individual in proceedings under this part shall advocate the
 2243  individual’s expressed desires and must be present and actively
 2244  participate in all hearings on involuntary placement. If the
 2245  individual is unable or unwilling to express his or her desires
 2246  to the attorney, the attorney shall proceed as though the
 2247  individual expressed a desire for liberty, opposition to
 2248  involuntary placement and, if placement is ordered, a preference
 2249  for the least restrictive treatment possible.
 2250         (5) CONTINUANCE OF HEARING.—The patient is entitled, with
 2251  the concurrence of the patient’s counsel, to at least one
 2252  continuance of the hearing. The continuance shall be for a
 2253  period of up to 4 weeks.
 2254         (6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
 2255         (a)1. The court shall hold the hearing on involuntary
 2256  outpatient placement within 5 court working days after the
 2257  filing of the petition, unless a continuance is granted. The
 2258  hearing shall be held in the county where the petition is filed,
 2259  shall be as convenient to the individual who is the subject of
 2260  the petition patient as is consistent with orderly procedure,
 2261  and shall be conducted in physical settings not likely to be
 2262  injurious to the individual’s patient’s condition. If the court
 2263  finds that the individual’s patient’s attendance at the hearing
 2264  is not consistent with the best interests of the individual
 2265  patient and if the individual’s patient’s counsel does not
 2266  object, the court may waive the presence of the individual
 2267  patient from all or any portion of the hearing. The state
 2268  attorney for the circuit in which the individual patient is
 2269  located shall represent the state, rather than the petitioner,
 2270  as the real party in interest in the proceeding. The state
 2271  attorney shall have access to the individual’s clinical record
 2272  and witnesses and shall independently evaluate and confirm the
 2273  allegations set forth in the petition for involuntary placement.
 2274  If the allegations are substantiated, the state attorney shall
 2275  prosecute the petition. If the allegations are not
 2276  substantiated, the state attorney shall withdraw the petition.
 2277         (b)2. The court may appoint a magistrate master to preside
 2278  at the hearing. One of the professionals who executed the
 2279  involuntary outpatient placement certificate shall be a witness.
 2280  The individual who is the subject of the petition patient and
 2281  his or her the patient’s guardian, guardian advocate, health
 2282  care surrogate or proxy, or representative shall be informed by
 2283  the court of the right to an independent expert examination. If
 2284  the individual patient cannot afford such an examination, the
 2285  court shall provide for one. The independent expert’s report is
 2286  shall be confidential and not discoverable, unless the expert is
 2287  to be called as a witness for the individual patient at the
 2288  hearing. The court shall allow testimony from persons
 2289  individuals, including family members, deemed by the court to be
 2290  relevant under state law, regarding the individual’s person’s
 2291  prior history and how that prior history relates to the
 2292  individual’s person’s current condition. The testimony in the
 2293  hearing must be given under oath, and the proceedings must be
 2294  recorded. The individual patient may refuse to testify at the
 2295  hearing.
 2296         (c) The court shall consider testimony and evidence
 2297  regarding the competence of the individual being held to consent
 2298  to treatment. If the court finds that the individual is
 2299  incompetent to consent, it shall appoint a guardian advocate as
 2300  provided in s. 394.4598.
 2301         (7) COURT ORDER.—
 2302         (a)(b)1. If the court concludes that the individual who is
 2303  the subject of the petition patient meets the criteria for
 2304  involuntary outpatient placement under pursuant to subsection
 2305  (1), the court shall issue an order for involuntary outpatient
 2306  placement. The court order may shall be for a period of up to 6
 2307  months. The order must specify the nature and extent of the
 2308  individual’s patient’s mental illness or substance abuse
 2309  impairment. The court order of the court and the treatment plan
 2310  must shall be made part of the individual’s patient’s clinical
 2311  record. The service provider shall discharge an individual a
 2312  patient from involuntary outpatient placement when the order
 2313  expires or any time the individual patient no longer meets the
 2314  criteria for involuntary placement. Upon discharge, the service
 2315  provider shall send a certificate of discharge to the court.
 2316         (b)2. The court may not order the department or the service
 2317  provider to provide services if the program or service is not
 2318  available in the patient’s local community of the individual
 2319  being served, if there is no space available in the program or
 2320  service for the individual patient, or if funding is not
 2321  available for the program or service. A copy of the order must
 2322  be sent to the Agency for Health Care Administration by the
 2323  service provider within 1 working day after it is received from
 2324  the court. After the placement order is issued, the service
 2325  provider and the individual patient may modify provisions of the
 2326  treatment plan. For any material modification of the treatment
 2327  plan to which the individual patient or the individual’s
 2328  patient’s guardian advocate, if appointed, does agree, the
 2329  service provider shall send notice of the modification to the
 2330  court. Any material modifications of the treatment plan which
 2331  are contested by the individual patient or the individual’s
 2332  patient’s guardian advocate, if appointed, must be approved or
 2333  disapproved by the court consistent with the requirements of
 2334  subsection (2).
 2335         (c)3. If, in the clinical judgment of a physician, the
 2336  individual being served patient has failed or has refused to
 2337  comply with the treatment ordered by the court, and, in the
 2338  clinical judgment of the physician, efforts were made to solicit
 2339  compliance and the individual patient may meet the criteria for
 2340  involuntary examination, the individual a person may be brought
 2341  to a receiving facility pursuant to s. 394.463 for involuntary
 2342  examination. If, after examination, the individual patient does
 2343  not meet the criteria for involuntary inpatient placement
 2344  pursuant to s. 394.467, the individual patient must be
 2345  discharged from the receiving facility. The involuntary
 2346  outpatient placement order remains shall remain in effect unless
 2347  the service provider determines that the individual patient no
 2348  longer meets the criteria for involuntary outpatient placement
 2349  or until the order expires. The service provider must determine
 2350  whether modifications should be made to the existing treatment
 2351  plan and must attempt to continue to engage the individual
 2352  patient in treatment. For any material modification of the
 2353  treatment plan to which the individual patient or the
 2354  individual’s patient’s guardian advocate, if appointed, agrees
 2355  does agree, the service provider shall send notice of the
 2356  modification to the court. Any material modifications of the
 2357  treatment plan which are contested by the individual patient or
 2358  the individual’s patient’s guardian advocate, if appointed, must
 2359  be approved or disapproved by the court consistent with the
 2360  requirements of subsection (2).
 2361         (d)(c) If, at any time before the conclusion of the initial
 2362  hearing on involuntary outpatient placement, it appears to the
 2363  court that the individual person does not meet the criteria for
 2364  involuntary outpatient placement under this section but,
 2365  instead, meets the criteria for involuntary inpatient placement,
 2366  the court may order the individual person admitted for
 2367  involuntary inpatient examination under s. 394.463. If the
 2368  person instead meets the criteria for involuntary assessment,
 2369  protective custody, or involuntary admission pursuant to s.
 2370  397.675, the court may order the person to be admitted for
 2371  involuntary assessment for a period of 5 days pursuant to s.
 2372  397.6811. Thereafter, all proceedings shall be governed by
 2373  chapter 397.
 2374         (d) At the hearing on involuntary outpatient placement, the
 2375  court shall consider testimony and evidence regarding the
 2376  patient’s competence to consent to treatment. If the court finds
 2377  that the patient is incompetent to consent to treatment, it
 2378  shall appoint a guardian advocate as provided in s. 394.4598.
 2379  The guardian advocate shall be appointed or discharged in
 2380  accordance with s. 394.4598.
 2381         (e) The administrator of the receiving facility, the
 2382  detoxification facility, or the designated department
 2383  representative shall provide a copy of the court order and
 2384  adequate documentation of an individual’s a patient’s mental
 2385  illness or substance abuse impairment to the service provider
 2386  for involuntary outpatient placement. Such documentation must
 2387  include any advance directives made by the individual patient, a
 2388  psychiatric evaluation of the individual patient, and any
 2389  evaluations of the individual patient performed by a clinical
 2390  psychologist or a clinical social worker.
 2391         (8)(7)PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 2392  PLACEMENT.—
 2393         (a)1. If the individual person continues to meet the
 2394  criteria for involuntary outpatient placement, the service
 2395  provider shall, before the expiration of the period during which
 2396  the placement treatment is ordered for the person, file in the
 2397  circuit court a petition for continued involuntary outpatient
 2398  placement.
 2399         1.2. The existing involuntary outpatient placement order
 2400  remains in effect until disposition of on the petition for
 2401  continued involuntary outpatient placement.
 2402         2.3. A certificate must shall be attached to the petition
 2403  which includes a statement from the individual’s person’s
 2404  physician or clinical psychologist justifying the request, a
 2405  brief description of the individual’s patient’s treatment during
 2406  the time he or she was involuntarily placed, and a personalized
 2407  an individualized plan of continued treatment.
 2408         3.4. The service provider shall develop the individualized
 2409  plan of continued treatment in consultation with the individual
 2410  patient or his or her the patient’s guardian advocate, if
 2411  appointed. When the petition has been filed, the clerk of the
 2412  court shall provide copies of the certificate and the
 2413  individualized plan of continued treatment to the department,
 2414  the individual patient, the individual’s patient’s guardian
 2415  advocate, the state attorney, and the individual’s patient’s
 2416  private counsel or the public defender.
 2417         (b) Within 1 court working day after the filing of a
 2418  petition for continued involuntary outpatient placement, the
 2419  court shall appoint the public defender to represent the
 2420  individual person who is the subject of the petition, unless the
 2421  individual person is otherwise represented by counsel. The clerk
 2422  of the court shall immediately notify the public defender of
 2423  such appointment. The public defender shall represent the
 2424  individual person until the petition is dismissed, or the court
 2425  order expires, or the individual patient is discharged from
 2426  involuntary outpatient placement. Any attorney representing the
 2427  individual patient shall have access to the individual patient,
 2428  witnesses, and records relevant to the presentation of the
 2429  individual’s patient’s case and shall represent the interests of
 2430  the individual patient, regardless of the source of payment to
 2431  the attorney.
 2432         (c) The court shall inform the individual who is the
 2433  subject of the petition and his or her guardian, guardian
 2434  advocate, health care surrogate or proxy, or representative of
 2435  the individual’s right to an independent expert examination. If
 2436  the individual cannot afford such an examination, the court
 2437  shall provide one.
 2438         (d)(c) Hearings on petitions for continued involuntary
 2439  outpatient placement are shall be before the circuit court. The
 2440  court may appoint a magistrate master to preside at the hearing.
 2441  The procedures for obtaining an order pursuant to this paragraph
 2442  must shall be in accordance with subsection (6), except that the
 2443  time period included in paragraph (1)(e) is not applicable in
 2444  determining the appropriateness of additional periods of
 2445  involuntary outpatient placement.
 2446         (e)(d) Notice of the hearing shall be provided in
 2447  accordance with as set forth in s. 394.4599. The individual
 2448  being served patient and the individual’s patient’s attorney may
 2449  agree to a period of continued outpatient placement without a
 2450  court hearing.
 2451         (f)(e) The same procedure shall be repeated before the
 2452  expiration of each additional period the individual being served
 2453  patient is placed in treatment.
 2454         (g)(f) If the individual in involuntary outpatient
 2455  placement patient has previously been found incompetent to
 2456  consent to treatment, the court shall consider testimony and
 2457  evidence regarding the individual’s patient’s competence.
 2458  Section 394.4598 governs the discharge of the guardian advocate
 2459  if the individual’s patient’s competency to consent to treatment
 2460  has been restored.
 2461         Section 14. Section 394.467, Florida Statutes, is amended
 2462  to read:
 2463         394.467 Involuntary inpatient placement.—
 2464         (1) CRITERIA.—An individual A person may be placed in
 2465  involuntary inpatient placement for treatment upon a finding of
 2466  the court by clear and convincing evidence that:
 2467         (a) He or she has a mental illness or substance abuse
 2468  impairment is mentally ill and because of his or her mental
 2469  illness or substance abuse impairment:
 2470         1.a. He or she has refused voluntary placement for
 2471  treatment after sufficient and conscientious explanation and
 2472  disclosure of the purpose of placement for treatment; or
 2473         b. He or she is unable to determine for himself or herself
 2474  whether placement is necessary; and
 2475         2.a. He or she is manifestly incapable of surviving alone
 2476  or with the help of willing and responsible family or friends,
 2477  including available alternative services, and, without
 2478  treatment, is likely to suffer from neglect or refuse to care
 2479  for himself or herself, and such neglect or refusal poses a real
 2480  and present threat of substantial harm to his or her well-being;
 2481  or
 2482         b. There is substantial likelihood that in the near future
 2483  he or she will inflict serious bodily harm on self or others
 2484  himself or herself or another person, as evidenced by recent
 2485  behavior causing, attempting, or threatening such harm; and
 2486         (b) All available less restrictive treatment alternatives
 2487  that which would offer an opportunity for improvement of his or
 2488  her condition have been judged to be inappropriate.
 2489         (2) ADMISSION TO A TREATMENT FACILITY.—An individual A
 2490  patient may be retained by a mental health receiving facility,
 2491  an addictions receiving facility, or a detoxification facility,
 2492  or involuntarily placed in a treatment facility upon the
 2493  recommendation of the administrator of the receiving facility
 2494  where the individual patient has been examined and after
 2495  adherence to the notice and hearing procedures provided in s.
 2496  394.4599. The recommendation must be supported by the opinion of
 2497  a psychiatrist and the second opinion of a clinical psychologist
 2498  or another psychiatrist, both of whom have personally examined
 2499  the individual patient within the preceding 72 hours, that the
 2500  criteria for involuntary inpatient placement are met. However,
 2501  in a county that has a population of fewer than 50,000, if the
 2502  administrator certifies that a psychiatrist or clinical
 2503  psychologist is not available to provide the second opinion, the
 2504  second opinion may be provided by a licensed physician who has
 2505  postgraduate training and experience in diagnosis and treatment
 2506  of mental and nervous disorders or by a psychiatric nurse. If
 2507  the petition seeks placement for treatment of substance abuse
 2508  impairment only, and the individual is examined by an addictions
 2509  receiving facility or detoxification facility, the first opinion
 2510  may be provided by a physician and the second opinion may be
 2511  provided by a substance abuse qualified professional. Any second
 2512  opinion authorized in this subsection may be conducted through a
 2513  face-to-face examination, in person or by electronic means. Such
 2514  recommendation must shall be entered on an involuntary inpatient
 2515  placement certificate that authorizes the receiving facility to
 2516  retain the individual being held patient pending transfer to a
 2517  treatment facility or completion of a hearing.
 2518         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The
 2519  administrator of the mental health facility, addictions
 2520  receiving facility, or detoxification facility shall file a
 2521  petition for involuntary inpatient placement in the court in the
 2522  county where the individual patient is located. Upon filing, the
 2523  clerk of the court shall provide copies to the department, the
 2524  individual patient, the individual’s patient’s guardian,
 2525  guardian advocate, health care surrogate or proxy, or
 2526  representative, and the state attorney and public defender of
 2527  the judicial circuit in which the individual patient is located.
 2528  A No fee may not shall be charged for the filing of a petition
 2529  under this subsection.
 2530         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2531  after the filing of a petition for involuntary inpatient
 2532  placement, the court shall appoint the public defender to
 2533  represent the individual person who is the subject of the
 2534  petition, unless the individual person is otherwise represented
 2535  by counsel. The clerk of the court shall immediately notify the
 2536  public defender of such appointment. Any attorney representing
 2537  the individual patient shall have access to the individual
 2538  patient, witnesses, and records relevant to the presentation of
 2539  the individual’s patient’s case and shall represent the
 2540  interests of the individual patient, regardless of the source of
 2541  payment to the attorney.
 2542         (a) An attorney representing an individual in proceedings
 2543  under this part shall advocate the individual’s expressed
 2544  desires and must be present and actively participate in all
 2545  hearings on involuntary placement. If the individual is unable
 2546  or unwilling to express his or her desires to the attorney, the
 2547  attorney shall proceed as though the individual expressed a
 2548  desire for liberty, opposition to involuntary placement, and, if
 2549  placement is ordered, a preference for the least restrictive
 2550  treatment possible.
 2551         (b) The state attorney for the circuit in which the
 2552  individual is located shall represent the state rather than the
 2553  petitioning facility administrator as the real party in interest
 2554  in the proceeding. The state attorney shall have access to the
 2555  individual’s clinical record and witnesses and shall
 2556  independently evaluate and confirm the allegations set forth in
 2557  the petition for involuntary placement. If the allegations are
 2558  substantiated, the state attorney shall prosecute the petition.
 2559  If the allegations are not substantiated, the state attorney
 2560  shall withdraw the petition.
 2561         (5) CONTINUANCE OF HEARING.—The individual patient is
 2562  entitled, with the concurrence of the individual’s patient’s
 2563  counsel, to at least one continuance of the hearing. The
 2564  continuance shall be for a period of up to 4 weeks.
 2565         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 2566         (a)1. The court shall hold the hearing on involuntary
 2567  inpatient placement within 5 court working days after the
 2568  petition is filed, unless a continuance is granted.
 2569         1. The hearing shall be held in the county where the
 2570  individual patient is located and shall be as convenient to the
 2571  individual patient as may be consistent with orderly procedure
 2572  and shall be conducted in physical settings not likely to be
 2573  injurious to the individual’s patient’s condition. If the
 2574  individual wishes to waive his or her court finds that the
 2575  patient’s attendance at the hearing, the court must determine
 2576  that the waiver is knowingly, intelligently, and voluntarily
 2577  being waived and is not consistent with the best interests of
 2578  the patient, and the patient’s counsel does not object, the
 2579  court may waive the presence of the individual patient from all
 2580  or any portion of the hearing. The state attorney for the
 2581  circuit in which the patient is located shall represent the
 2582  state, rather than the petitioning facility administrator, as
 2583  the real party in interest in the proceeding.
 2584         2. The court may appoint a general or special magistrate to
 2585  preside at the hearing. One of the two professionals who
 2586  executed the involuntary inpatient placement certificate shall
 2587  be a witness. The individual patient and the individual’s
 2588  patient’s guardian, guardian advocate, health care surrogate or
 2589  proxy, or representative shall be informed by the court of the
 2590  right to an independent expert examination. If the individual
 2591  patient cannot afford such an examination, the court shall
 2592  provide for one. The independent expert’s report is shall be
 2593  confidential and not discoverable, unless the expert is to be
 2594  called as a witness for the individual patient at the hearing.
 2595  The testimony in the hearing must be given under oath, and the
 2596  proceedings must be recorded. The individual patient may refuse
 2597  to testify at the hearing.
 2598         3. The court shall allow testimony from persons, including
 2599  family members, deemed by the court to be relevant regarding the
 2600  individual’s prior history and how that prior history relates to
 2601  the individual’s current condition.
 2602         (b) If the court concludes that the individual patient
 2603  meets the criteria for involuntary inpatient placement, it shall
 2604  order that the individual patient be transferred to a treatment
 2605  facility or, if the individual patient is at a treatment
 2606  facility, that the individual patient be retained there or be
 2607  treated at any other appropriate mental health receiving
 2608  facility, addictions receiving facility, detoxification
 2609  facility, or treatment facility, or that the individual patient
 2610  receive services from such a facility a receiving or treatment
 2611  facility, on an involuntary basis, for up to 90 days a period of
 2612  up to 6 months. The order shall specify the nature and extent of
 2613  the individual’s patient’s mental illness or substance abuse
 2614  impairment. The facility shall discharge the individual at a
 2615  patient any time the individual patient no longer meets the
 2616  criteria for involuntary inpatient placement, unless the
 2617  individual patient has transferred to voluntary status.
 2618         (c) If at any time before prior to the conclusion of the
 2619  hearing on involuntary inpatient placement it appears to the
 2620  court that the individual person does not meet the criteria for
 2621  involuntary inpatient placement under this section, but instead
 2622  meets the criteria for involuntary outpatient placement, the
 2623  court may order the individual person evaluated for involuntary
 2624  outpatient placement pursuant to s. 394.4655, and. the petition
 2625  and hearing procedures set forth in s. 394.4655 shall apply. If
 2626  the person instead meets the criteria for involuntary
 2627  assessment, protective custody, or involuntary admission
 2628  pursuant to s. 397.675, then the court may order the person to
 2629  be admitted for involuntary assessment for a period of 5 days
 2630  pursuant to s. 397.6811. Thereafter, all proceedings shall be
 2631  governed by chapter 397.
 2632         (d) At the hearing on involuntary inpatient placement, the
 2633  court shall consider testimony and evidence regarding the
 2634  individual’s patient’s competence to consent to treatment. If
 2635  the court finds that the individual patient is incompetent to
 2636  consent to treatment, it shall appoint a guardian advocate as
 2637  provided in s. 394.4598.
 2638         (e) The administrator of the petitioning receiving facility
 2639  shall provide a copy of the court order and adequate
 2640  documentation of the individual’s a patient’s mental illness or
 2641  substance abuse impairment to the administrator of a treatment
 2642  facility if the individual whenever a patient is ordered for
 2643  involuntary inpatient placement, whether by civil or criminal
 2644  court. The documentation must shall include any advance
 2645  directives made by the individual patient, a psychiatric
 2646  evaluation of the individual patient, and any evaluations of the
 2647  individual patient performed by a clinical psychologist, a
 2648  marriage and family therapist, a mental health counselor, a
 2649  substance abuse qualified professional or a clinical social
 2650  worker. The administrator of a treatment facility may refuse
 2651  admission to an individual any patient directed to its
 2652  facilities on an involuntary basis, whether by civil or criminal
 2653  court order, who is not accompanied at the same time by adequate
 2654  orders and documentation.
 2655         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
 2656  PLACEMENT.—
 2657         (a) Hearings on petitions for continued involuntary
 2658  inpatient placement shall be administrative hearings and shall
 2659  be conducted in accordance with the provisions of s. 120.57(1),
 2660  except that an any order entered by an the administrative law
 2661  judge is shall be final and subject to judicial review in
 2662  accordance with s. 120.68. Orders concerning an individual
 2663  patients committed after successfully pleading not guilty by
 2664  reason of insanity are shall be governed by the provisions of s.
 2665  916.15.
 2666         (b) If the individual patient continues to meet the
 2667  criteria for involuntary inpatient placement, the administrator
 2668  shall, before prior to the expiration of the period during which
 2669  the treatment facility is authorized to retain the individual
 2670  patient, file a petition requesting authorization for continued
 2671  involuntary inpatient placement. The request must shall be
 2672  accompanied by a statement from the individual’s patient’s
 2673  physician or clinical psychologist justifying the request, a
 2674  brief description of the individual’s patient’s treatment during
 2675  the time he or she was involuntarily placed, and a personalized
 2676  an individualized plan of continued treatment. Notice of the
 2677  hearing must shall be provided as set forth in s. 394.4599. If
 2678  at the hearing the administrative law judge finds that
 2679  attendance at the hearing is not consistent with the
 2680  individual’s best interests of the patient, the administrative
 2681  law judge may waive the presence of the individual patient from
 2682  all or any portion of the hearing, unless the individual
 2683  patient, through counsel, objects to the waiver of presence. The
 2684  testimony in the hearing must be under oath, and the proceedings
 2685  must be recorded.
 2686         (c) Unless the individual patient is otherwise represented
 2687  or is ineligible, he or she shall be represented at the hearing
 2688  on the petition for continued involuntary inpatient placement by
 2689  the public defender of the circuit in which the facility is
 2690  located.
 2691         (d) The Division of Administrative Hearings shall inform
 2692  the individual and his or her guardian, guardian advocate,
 2693  health care surrogate or proxy, or representative of the right
 2694  to an independent expert examination. If the individual cannot
 2695  afford such an examination, the court shall provide one.
 2696         (e)(d) If at a hearing it is shown that the individual
 2697  patient continues to meet the criteria for involuntary inpatient
 2698  placement, the administrative law judge shall sign the order for
 2699  continued involuntary inpatient placement for a period of up to
 2700  90 days not to exceed 6 months. The same procedure must shall be
 2701  repeated prior to the expiration of each additional period the
 2702  individual patient is retained.
 2703         (f)(e) If continued involuntary inpatient placement is
 2704  necessary for an individual a patient admitted while serving a
 2705  criminal sentence, but whose sentence is about to expire, or for
 2706  a minor patient involuntarily placed while a minor but who is
 2707  about to reach the age of 18, the administrator shall petition
 2708  the administrative law judge for an order authorizing continued
 2709  involuntary inpatient placement.
 2710         (g)(f) If the individual previously patient has been
 2711  previously found incompetent to consent to treatment, the
 2712  administrative law judge shall consider testimony and evidence
 2713  regarding the individual’s patient’s competence. If the
 2714  administrative law judge finds evidence that the individual
 2715  patient is now competent to consent to treatment, the
 2716  administrative law judge may issue a recommended order to the
 2717  court that found the individual patient incompetent to consent
 2718  to treatment that the individual’s patient’s competence be
 2719  restored and that any guardian advocate previously appointed be
 2720  discharged.
 2721         (8) RETURN TO FACILITY OF PATIENTS.—If an individual held
 2722  When a patient at a treatment facility involuntarily under this
 2723  part leaves the facility without the administrator’s
 2724  authorization, the administrator may authorize a search for, the
 2725  patient and the return of, the individual patient to the
 2726  facility. The administrator may request the assistance of a law
 2727  enforcement agency in the search for and return of the patient.
 2728         Section 15. Section 394.4672, Florida Statutes, is amended
 2729  to read:
 2730         394.4672 Procedure for placement of veteran with federal
 2731  agency.—
 2732         (1) A facility owned, operated, or administered by the
 2733  United States Department of Veterans Affairs that provides
 2734  mental health services has authority as granted by the
 2735  Department of Veterans’ Affairs to:
 2736         (a) Initiate and conduct involuntary examinations pursuant
 2737  to s. 394.463.
 2738         (b) Provide voluntary treatment pursuant to s. 394.4625.
 2739         (c) Petition for involuntary inpatient placement pursuant
 2740  to s. 394.467.
 2741         (d) Provide involuntary inpatient placement pursuant to
 2742  this part.
 2743         (2)(1)If a Whenever it is determined by the court
 2744  determines that an individual a person meets the criteria for
 2745  involuntary placement and he or she it appears that such person
 2746  is eligible for care or treatment by the United States
 2747  Department of Veterans Affairs or another other agency of the
 2748  United States Government, the court, upon receipt of a
 2749  certificate from the United States Department of Veterans
 2750  Affairs or such other agency showing that facilities are
 2751  available and that the individual person is eligible for care or
 2752  treatment therein, may place that individual person with the
 2753  United States Department of Veterans Affairs or other federal
 2754  agency. The individual person whose placement is sought shall be
 2755  personally served with notice of the pending placement
 2756  proceeding in the manner as provided in this part., and nothing
 2757  in This section does not shall affect the individual’s his or
 2758  her right to appear and be heard in the proceeding. Upon
 2759  placement, the individual is person shall be subject to the
 2760  rules and regulations of the United States Department of
 2761  Veterans Affairs or other federal agency.
 2762         (3)(2) The judgment or order of placement issued by a court
 2763  of competent jurisdiction of another state or of the District of
 2764  Columbia which places an individual, placing a person with the
 2765  United States Department of Veterans Affairs or other federal
 2766  agency for care or treatment has, shall have the same force and
 2767  effect in this state as in the jurisdiction of the court
 2768  entering the judgment or making the order.; and The courts of
 2769  the placing state or of the District of Columbia shall retain be
 2770  deemed to have retained jurisdiction of the individual person so
 2771  placed. Consent is hereby given to the application of the law of
 2772  the placing state or district with respect to the authority of
 2773  the chief officer of any facility of the United States
 2774  Department of Veterans Affairs or other federal agency operated
 2775  in this state to retain custody or to transfer, parole, or
 2776  discharge the individual person.
 2777         (4)(3) Upon receipt of a certificate of the United States
 2778  Department of Veterans Affairs or another such other federal
 2779  agency that facilities are available for the care or treatment
 2780  of individuals who have mental illness or substance abuse
 2781  impairment mentally ill persons and that an individual the
 2782  person is eligible for that care or treatment, the administrator
 2783  of the receiving or treatment facility may cause the transfer of
 2784  that individual person to the United States Department of
 2785  Veterans Affairs or other federal agency. Upon effecting such
 2786  transfer, the committing court shall be notified by the
 2787  transferring agency. An individual may not No person shall be
 2788  transferred to the United States Department of Veterans Affairs
 2789  or other federal agency if he or she is confined pursuant to the
 2790  conviction of any felony or misdemeanor or if he or she has been
 2791  acquitted of the charge solely on the ground of insanity, unless
 2792  prior to transfer the court placing the individual such person
 2793  enters an order for the transfer after appropriate motion and
 2794  hearing and without objection by the United States Department of
 2795  Veterans Affairs.
 2796         (5)(4)An individual Any person transferred as provided in
 2797  this section is shall be deemed to be placed with the United
 2798  States Department of Veterans Affairs or other federal agency
 2799  pursuant to the original placement.
 2800         Section 16. Paragraph (a) of subsection (1) of section
 2801  394.875, Florida Statutes, is amended to read:
 2802         394.875 Crisis stabilization units, residential treatment
 2803  facilities, and residential treatment centers for children and
 2804  adolescents; authorized services; license required.—
 2805         (1)(a) The purpose of a crisis stabilization unit is to
 2806  stabilize and redirect a client to the most appropriate and
 2807  least restrictive community setting available, consistent with
 2808  the client’s needs. Crisis stabilization units may screen,
 2809  assess, and admit for stabilization persons who present
 2810  themselves to the unit and persons who are brought to the unit
 2811  under s. 394.463. Clients may be provided 24-hour observation,
 2812  medication prescribed by a physician or psychiatrist, and other
 2813  appropriate services. Crisis stabilization units shall provide
 2814  services regardless of the client’s ability to pay and shall be
 2815  limited in size to a maximum of 30 beds.
 2816         Section 17. Section 916.185, Florida Statutes, is created
 2817  to read:
 2818         916.185Forensic Hospital Diversion Pilot Program.—
 2819         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 2820  that many jail inmates who have serious mental illnesses and who
 2821  are committed to state forensic mental health treatment
 2822  facilities for restoration of competency to proceed could be
 2823  served more effectively and at less cost in community-based
 2824  alternative programs. The Legislature further finds that many
 2825  individuals who have serious mental illnesses and who have been
 2826  discharged from state forensic mental health treatment
 2827  facilities could avoid recidivism in the criminal justice and
 2828  forensic mental health systems if they received specialized
 2829  treatment in the community. Therefore, it is the intent of the
 2830  Legislature to create the Forensic Hospital Diversion Pilot
 2831  Program to serve individuals who have mental illnesses or co
 2832  occurring mental illnesses and substance use disorders and who
 2833  are admitted to or are at risk of entering state forensic mental
 2834  health treatment facilities, prisons, jails, or state civil
 2835  mental health treatment facilities.
 2836         (2) DEFINITIONS.—As used in this section, the term:
 2837         (a) “Best practices” means treatment services that
 2838  incorporate the most effective and acceptable interventions
 2839  available in the care and treatment of individuals who are
 2840  diagnosed as having mental illnesses or co-occurring mental
 2841  illnesses and substance use disorders.
 2842         (b) “Community forensic system” means the community mental
 2843  health and substance use forensic treatment system, including
 2844  the comprehensive set of services and supports provided to
 2845  individuals involved in or at risk of becoming involved in the
 2846  criminal justice system.
 2847         (c) “Evidence-based practices” means interventions and
 2848  strategies that, based on the best available empirical research,
 2849  demonstrate effective and efficient outcomes in the care and
 2850  treatment of individuals who are diagnosed as having mental
 2851  illnesses or co-occurring mental illnesses and substance use
 2852  disorders.
 2853         (3) CREATION.—There is created a Forensic Hospital
 2854  Diversion Pilot Program to provide, when appropriate,
 2855  competency-restoration and community-reintegration services in
 2856  locked residential treatment facilities, based on considerations
 2857  of public safety, the needs of the individual, and available
 2858  resources.
 2859         (a) The department shall implement a Forensic Hospital
 2860  Diversion Pilot Program in Alachua, Escambia, Hillsborough, and
 2861  Miami-Dade Counties, in conjunction with the Eighth Judicial
 2862  Circuit, the First Judicial Circuit, the Thirteenth Judicial
 2863  Circuit, and the Eleventh Judicial Circuit, respectively, which
 2864  shall be modeled after the Miami-Dade Forensic Alternative
 2865  Center, taking into account local needs and resources.
 2866         (b) In creating and implementing the program, the
 2867  department shall include a comprehensive continuum of care and
 2868  services which uses evidence-based practices and best practices
 2869  to treat individuals who have mental health and co-occurring
 2870  substance use disorders.
 2871         (c) The department and the respective judicial circuits
 2872  shall implement this section within available resources. The
 2873  department may reallocate resources from forensic mental health
 2874  programs or other adult mental health programs serving
 2875  individuals involved in the criminal justice system.
 2876         (4) ELIGIBILITY.—Participation in the Forensic Hospital
 2877  Diversion Pilot Program is limited to individuals who:
 2878         (a) Are 18 years of age or older;
 2879         (b) Are charged with a felony of the second degree or a
 2880  felony of the third degree;
 2881         (c) Do not have a significant history of violent criminal
 2882  offenses;
 2883         (d) Have been adjudicated incompetent to proceed to trial
 2884  or not guilty by reason of insanity under this part;
 2885         (e) Meet public safety and treatment criteria established
 2886  by the department for placement in a community setting; and
 2887         (f) Would be admitted to a state mental health treatment
 2888  facility if not for the availability of the Forensic Hospital
 2889  Diversion Pilot Program.
 2890         (5) TRAINING.—The Legislature encourages the Florida
 2891  Supreme Court, in consultation and cooperation with the Task
 2892  Force on Substance Abuse and Mental Health Issues in the Courts,
 2893  to develop educational training on the community forensic system
 2894  for judges in the pilot program areas.
 2895         (6) RULEMAKING.—The department may adopt rules under ss.
 2896  120.536(1) and 120.54 to administer this section.
 2897         (7) REPORT.—The Office of Program Policy Analysis and
 2898  Government Accountability shall review and evaluate the Forensic
 2899  Hospital Diversion Pilot Program and submit a report to the
 2900  Governor, the President of the Senate, and the Speaker of the
 2901  House of Representatives by December 31, 2016. The report shall
 2902  examine the efficiency and cost-effectiveness of providing
 2903  forensic mental health services in secure, outpatient,
 2904  community-based settings. In addition, the report shall examine
 2905  the impact of the Forensic Hospital Diversion Pilot Program on
 2906  public health and safety.
 2907         Section 18. Paragraph (a) of subsection (3) of section
 2908  39.407, Florida Statutes, is amended to read:
 2909         39.407 Medical, psychiatric, and psychological examination
 2910  and treatment of child; physical, mental, or substance abuse
 2911  examination of person with or requesting child custody.—
 2912         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 2913  or paragraph (e), before the department provides psychotropic
 2914  medications to a child in its custody, the prescribing physician
 2915  shall attempt to obtain express and informed consent, as defined
 2916  in s. 394.455(13) s. 394.455(9) and as described in s.
 2917  394.459(3)(a), from the child’s parent or legal guardian. The
 2918  department must take steps necessary to facilitate the inclusion
 2919  of the parent in the child’s consultation with the physician.
 2920  However, if the parental rights of the parent have been
 2921  terminated, the parent’s location or identity is unknown or
 2922  cannot reasonably be ascertained, or the parent declines to give
 2923  express and informed consent, the department may, after
 2924  consultation with the prescribing physician, seek court
 2925  authorization to provide the psychotropic medications to the
 2926  child. Unless parental rights have been terminated and if it is
 2927  possible to do so, the department shall continue to involve the
 2928  parent in the decisionmaking process regarding the provision of
 2929  psychotropic medications. If, at any time, a parent whose
 2930  parental rights have not been terminated provides express and
 2931  informed consent to the provision of a psychotropic medication,
 2932  the requirements of this section that the department seek court
 2933  authorization do not apply to that medication until such time as
 2934  the parent no longer consents.
 2935         2. Any time the department seeks a medical evaluation to
 2936  determine the need to initiate or continue a psychotropic
 2937  medication for a child, the department must provide to the
 2938  evaluating physician all pertinent medical information known to
 2939  the department concerning that child.
 2940         Section 19. Subsection (2) of section 394.4612, Florida
 2941  Statutes, is amended to read:
 2942         394.4612 Integrated adult mental health crisis
 2943  stabilization and addictions receiving facilities.—
 2944         (2) An integrated mental health crisis stabilization unit
 2945  and addictions receiving facility may provide services under
 2946  this section to adults who are 18 years of age or older and who
 2947  fall into one or more of the following categories:
 2948         (a) An adult meeting the requirements for voluntary
 2949  admission for mental health treatment under s. 394.4625.
 2950         (b) An adult meeting the criteria for involuntary
 2951  examination for mental illness under s. 394.463.
 2952         (c) An adult qualifying for voluntary admission for
 2953  substance abuse treatment under s. 397.601.
 2954         (d) An adult meeting the criteria for involuntary admission
 2955  for substance abuse impairment under s. 397.675.
 2956         Section 20. Paragraphs (a) and (c) of subsection (3) of
 2957  section 394.495, Florida Statutes, are amended to read:
 2958         394.495 Child and adolescent mental health system of care;
 2959  programs and services.—
 2960         (3) Assessments must be performed by:
 2961         (a) A professional as defined in s. 394.455(6), (31), (34),
 2962  (35), or (36) s. 394.455(2), (4), (21), (23), or (24);
 2963         (c) A person who is under the direct supervision of a
 2964  professional as defined in s. 394.455(6), (31), (34), (35), or
 2965  (36) s. 394.455(2), (4), (21), (23), or (24) or a professional
 2966  licensed under chapter 491.
 2967  
 2968  The department shall adopt by rule statewide standards for
 2969  mental health assessments, which must be based on current
 2970  relevant professional and accreditation standards.
 2971         Section 21. Subsection (6) of section 394.496, Florida
 2972  Statutes, is amended to read:
 2973         394.496 Service planning.—
 2974         (6) A professional as defined in s. 394.455(6), (31), (34),
 2975  (35), or (36) s. 394.455(2), (4), (21), (23), or (24) or a
 2976  professional licensed under chapter 491 must be included among
 2977  those persons developing the services plan.
 2978         Section 22.  Subsection (2) of section 394.499, Florida
 2979  Statutes, is amended to read:
 2980         394.499 Integrated children’s crisis stabilization
 2981  unit/juvenile addictions receiving facility services.—
 2982         (2) Children eligible to receive integrated children’s
 2983  crisis stabilization unit/juvenile addictions receiving facility
 2984  services include:
 2985         (a) A person under 18 years of age for whom voluntary
 2986  application is made by his or her guardian, if such person is
 2987  found to show evidence of mental illness and to be suitable for
 2988  treatment pursuant to s. 394.4625. A person under 18 years of
 2989  age may be admitted for integrated facility services only after
 2990  a hearing to verify that the consent to admission is voluntary.
 2991         (b) A person under 18 years of age who may be taken to a
 2992  receiving facility for involuntary examination, if there is
 2993  reason to believe that he or she is mentally ill and because of
 2994  his or her mental illness, pursuant to s. 394.463:
 2995         1. Has refused voluntary examination after conscientious
 2996  explanation and disclosure of the purpose of the examination; or
 2997         2. Is unable to determine for himself or herself whether
 2998  examination is necessary; and
 2999         a. Without care or treatment is likely to suffer from
 3000  neglect or refuse to care for himself or herself; such neglect
 3001  or refusal poses a real and present threat of substantial harm
 3002  to his or her well-being; and it is not apparent that such harm
 3003  may be avoided through the help of willing family members or
 3004  friends or the provision of other services; or
 3005         b. There is a substantial likelihood that without care or
 3006  treatment he or she will cause serious bodily harm to himself or
 3007  herself or others in the near future, as evidenced by recent
 3008  behavior.
 3009         (c) A person under 18 years of age who wishes to enter
 3010  treatment for substance abuse and applies to a service provider
 3011  for voluntary admission, pursuant to s. 397.601.
 3012         (d) A person under 18 years of age who meets the criteria
 3013  for involuntary admission because there is good faith reason to
 3014  believe the person is substance abuse impaired pursuant to s.
 3015  397.675 and, because of such impairment:
 3016         1. Has lost the power of self-control with respect to
 3017  substance use; and
 3018         2.a. Has inflicted, or threatened or attempted to inflict,
 3019  or unless admitted is likely to inflict, physical harm on
 3020  himself or herself or another; or
 3021         b. Is in need of substance abuse services and, by reason of
 3022  substance abuse impairment, his or her judgment has been so
 3023  impaired that the person is incapable of appreciating his or her
 3024  need for such services and of making a rational decision in
 3025  regard thereto; however, mere refusal to receive such services
 3026  does not constitute evidence of lack of judgment with respect to
 3027  his or her need for such services.
 3028         (c)(e) A person under 18 years of age who meets the
 3029  criteria for examination or admission under paragraph (b) or
 3030  paragraph (d) and has a coexisting mental health and substance
 3031  abuse disorder.
 3032         Section 23.  Subsection (18) of section 394.67, Florida
 3033  Statutes, is amended to read:
 3034         394.67 Definitions.—As used in this part, the term:
 3035         (18) “Person who is experiencing an acute substance abuse
 3036  crisis” means a child, adolescent, or adult who is experiencing
 3037  a medical or emotional crisis because of the use of alcoholic
 3038  beverages or any psychoactive or mood-altering substance. The
 3039  term includes an individual who meets the criteria for
 3040  involuntary admission specified in s. 397.675.
 3041         Section 24.  Subsection (2) of section 394.674, Florida
 3042  Statutes, is amended to read:
 3043         394.674 Eligibility for publicly funded substance abuse and
 3044  mental health services; fee collection requirements.—
 3045         (2) Crisis services, as defined in s. 394.67, must, within
 3046  the limitations of available state and local matching resources,
 3047  be available to each person who is eligible for services under
 3048  subsection (1), regardless of the person’s ability to pay for
 3049  such services. A person who is experiencing a mental health
 3050  crisis and who does not meet the criteria for involuntary
 3051  examination under s. 394.463(1), or a person who is experiencing
 3052  a substance abuse crisis and who does not meet the involuntary
 3053  admission criteria in s. 397.675, must contribute to the cost of
 3054  his or her care and treatment pursuant to the sliding fee scale
 3055  developed under subsection (4), unless charging a fee is
 3056  contraindicated because of the crisis situation.
 3057         Section 25. Subsection (6) of section 394.9085, Florida
 3058  Statutes, is amended to read:
 3059         394.9085 Behavioral provider liability.—
 3060         (6) For purposes of this section, the terms “detoxification
 3061  services,” “addictions receiving facility,” and “receiving
 3062  facility” have the same meanings as those provided in ss.
 3063  397.311(18)(a)4., 397.311(18)(a)1., and 394.455(27) 394.455(26),
 3064  respectively.
 3065         Section 26.  Subsection (11) and paragraph (a) of
 3066  subsection (18) of section 397.311, Florida Statutes, are
 3067  amended to read:
 3068         397.311 Definitions.—As used in this chapter, except part
 3069  VIII, the term:
 3070         (11) “Habitual abuser” means a person who is brought to the
 3071  attention of law enforcement for being substance impaired, who
 3072  meets the criteria for involuntary admission in s. 397.675, and
 3073  who has been taken into custody for such impairment three or
 3074  more times during the preceding 12 months.
 3075         (18) Licensed service components include a comprehensive
 3076  continuum of accessible and quality substance abuse prevention,
 3077  intervention, and clinical treatment services, including the
 3078  following services:
 3079         (a) “Clinical treatment” means a professionally directed,
 3080  deliberate, and planned regimen of services and interventions
 3081  that are designed to reduce or eliminate the misuse of drugs and
 3082  alcohol and promote a healthy, drug-free lifestyle. As defined
 3083  by rule, “clinical treatment services” include, but are not
 3084  limited to, the following licensable service components:
 3085         1. “Addictions receiving facility” is a secure, acute care
 3086  facility that provides, at a minimum, detoxification and
 3087  stabilization services; and is operated 24 hours per day, 7 days
 3088  per week; and is designated by the department to serve
 3089  individuals found to be substance use impaired as described in
 3090  s. 397.675 who meet the placement criteria for this component.
 3091         2. “Day or night treatment” is a service provided in a
 3092  nonresidential environment, with a structured schedule of
 3093  treatment and rehabilitative services.
 3094         3. “Day or night treatment with community housing” means a
 3095  program intended for individuals who can benefit from living
 3096  independently in peer community housing while participating in
 3097  treatment services for a minimum of 5 hours a day for a minimum
 3098  of 25 hours per week.
 3099         4. “Detoxification” is a service involving subacute care
 3100  that is provided on an inpatient or an outpatient basis to
 3101  assist individuals to withdraw from the physiological and
 3102  psychological effects of substance abuse and who meet the
 3103  placement criteria for this component.
 3104         5. “Intensive inpatient treatment” includes a planned
 3105  regimen of evaluation, observation, medical monitoring, and
 3106  clinical protocols delivered through an interdisciplinary team
 3107  approach provided 24 hours per day, 7 days per week, in a highly
 3108  structured, live-in environment.
 3109         6. “Intensive outpatient treatment” is a service that
 3110  provides individual or group counseling in a more structured
 3111  environment, is of higher intensity and duration than outpatient
 3112  treatment, and is provided to individuals who meet the placement
 3113  criteria for this component.
 3114         7. “Medication-assisted treatment for opiate addiction” is
 3115  a service that uses methadone or other medication as authorized
 3116  by state and federal law, in combination with medical,
 3117  rehabilitative, and counseling services in the treatment of
 3118  individuals who are dependent on opioid drugs.
 3119         8. “Outpatient treatment” is a service that provides
 3120  individual, group, or family counseling by appointment during
 3121  scheduled operating hours for individuals who meet the placement
 3122  criteria for this component.
 3123         9. “Residential treatment” is a service provided in a
 3124  structured live-in environment within a nonhospital setting on a
 3125  24-hours-per-day, 7-days-per-week basis, and is intended for
 3126  individuals who meet the placement criteria for this component.
 3127         Section 27. Subsection (3) of section 397.431, Florida
 3128  Statutes, is amended to read:
 3129         397.431 Individual responsibility for cost of substance
 3130  abuse impairment services.—
 3131         (3) The parent, legal guardian, or legal custodian of a
 3132  minor is not liable for payment for any substance abuse services
 3133  provided to the minor without parental consent pursuant to s.
 3134  397.601(4), unless the parent, legal guardian, or legal
 3135  custodian participates or is ordered to participate in the
 3136  services, and only for the substance abuse services rendered. If
 3137  the minor is receiving services as a juvenile offender, the
 3138  obligation to pay is governed by the law relating to juvenile
 3139  offenders.
 3140         Section 28.  Paragraph (b) of subsection (2) of section
 3141  397.702, Florida Statutes, is amended to read:
 3142         397.702 Authorization of local ordinances for treatment of
 3143  habitual abusers in licensed secure facilities.—
 3144         (2) Ordinances for the treatment of habitual abusers must
 3145  provide:
 3146         (b) That when seeking treatment of a habitual abuser, the
 3147  county or municipality, through an officer or agent specified in
 3148  the ordinance, must file with the court a petition which alleges
 3149  the following information about the alleged habitual abuser (the
 3150  respondent):
 3151         1. The name, address, age, and gender of the respondent.
 3152         2. The name of any spouse, adult child, other relative, or
 3153  guardian of the respondent, if known to the petitioner, and the
 3154  efforts by the petitioner, if any, to ascertain this
 3155  information.
 3156         3. The name of the petitioner, the name of the person who
 3157  has physical custody of the respondent, and the current location
 3158  of the respondent.
 3159         4. That the respondent has been taken into custody for
 3160  impairment in a public place, or has been arrested for an
 3161  offense committed while impaired, three or more times during the
 3162  preceding 12 months.
 3163         5. Specific facts indicating that the respondent meets the
 3164  criteria for involuntary admission in s. 397.675.
 3165         5.6. Whether the respondent was advised of his or her right
 3166  to be represented by counsel and to request that the court
 3167  appoint an attorney if he or she is unable to afford one, and
 3168  whether the respondent indicated to petitioner his or her desire
 3169  to have an attorney appointed.
 3170         Section 29.  Paragraph (a) of subsection (1) of section
 3171  397.94, Florida Statutes, is amended to read:
 3172         397.94 Children’s substance abuse services; information and
 3173  referral network.—
 3174         (1) The substate entity shall determine the most cost
 3175  effective method for delivering this service and may select a
 3176  new provider or utilize an existing provider or providers with a
 3177  record of success in providing information and referral
 3178  services.
 3179         (a) The plan must provide assurances that the information
 3180  and referral network will include a resource directory that
 3181  contains information regarding the children’s substance abuse
 3182  services available, including, but not limited to:
 3183         1. Public and private resources by service component,
 3184  including resources for involuntary admissions under s. 397.675.
 3185         1.2. Hours of operation and hours during which services are
 3186  provided.
 3187         2.3. Ages of persons served.
 3188         3.4. Description of services.
 3189         4.5. Eligibility requirements.
 3190         5.6. Fee schedules.
 3191         Section 30. Section 402.3057, Florida Statutes, is amended
 3192  to read:
 3193         402.3057 Persons not required to be refingerprinted or
 3194  rescreened.—Any provision of law to the contrary
 3195  notwithstanding, human resource personnel who have been
 3196  fingerprinted or screened pursuant to chapters 393, 394, 397,
 3197  402, and 409, and teachers and noninstructional personnel who
 3198  have been fingerprinted pursuant to chapter 1012, who have not
 3199  been unemployed for more than 90 days thereafter, and who under
 3200  the penalty of perjury attest to the completion of such
 3201  fingerprinting or screening and to compliance with the
 3202  provisions of this section and the standards for good moral
 3203  character as contained in such provisions as ss. 110.1127(2)(c),
 3204  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
 3205  shall not be required to be refingerprinted or rescreened in
 3206  order to comply with any caretaker screening or fingerprinting
 3207  requirements.
 3208         Section 31. Section 409.1757, Florida Statutes, is amended
 3209  to read:
 3210         409.1757 Persons not required to be refingerprinted or
 3211  rescreened.—Any law to the contrary notwithstanding, human
 3212  resource personnel who have been fingerprinted or screened
 3213  pursuant to chapters 393, 394, 397, 402, and this chapter,
 3214  teachers who have been fingerprinted pursuant to chapter 1012,
 3215  and law enforcement officers who meet the requirements of s.
 3216  943.13, who have not been unemployed for more than 90 days
 3217  thereafter, and who under the penalty of perjury attest to the
 3218  completion of such fingerprinting or screening and to compliance
 3219  with this section and the standards for good moral character as
 3220  contained in such provisions as ss. 110.1127(2)(c), 393.0655(1),
 3221  394.457(6), 397.451, 402.305(2), 409.175(6), and 943.13(7), are
 3222  not required to be refingerprinted or rescreened in order to
 3223  comply with any caretaker screening or fingerprinting
 3224  requirements.
 3225         Section 32. Paragraph (b) of subsection (1) of section
 3226  409.972, Florida Statutes, is amended to read:
 3227         409.972 Mandatory and voluntary enrollment.—
 3228         (1) The following Medicaid-eligible persons are exempt from
 3229  mandatory managed care enrollment required by s. 409.965, and
 3230  may voluntarily choose to participate in the managed medical
 3231  assistance program:
 3232         (b) Medicaid recipients residing in residential commitment
 3233  facilities operated through the Department of Juvenile Justice
 3234  or mental health treatment facilities as defined by s.
 3235  394.455(47) s. 394.455(32).
 3236         Section 33. Subsection (7) of section 744.704, Florida
 3237  Statutes, is amended to read:
 3238         744.704 Powers and duties.—
 3239         (7) A public guardian shall not commit a ward to a mental
 3240  health treatment facility, as defined in s. 394.455(47) s.
 3241  394.455(32), without an involuntary placement proceeding as
 3242  provided by law.
 3243         Section 34.  Paragraph (a) of subsection (2) of section
 3244  790.065, Florida Statutes, is amended to read:
 3245         790.065 Sale and delivery of firearms.—
 3246         (2) Upon receipt of a request for a criminal history record
 3247  check, the Department of Law Enforcement shall, during the
 3248  licensee’s call or by return call, forthwith:
 3249         (a) Review any records available to determine if the
 3250  potential buyer or transferee:
 3251         1. Has been convicted of a felony and is prohibited from
 3252  receipt or possession of a firearm pursuant to s. 790.23;
 3253         2. Has been convicted of a misdemeanor crime of domestic
 3254  violence, and therefore is prohibited from purchasing a firearm;
 3255         3. Has had adjudication of guilt withheld or imposition of
 3256  sentence suspended on any felony or misdemeanor crime of
 3257  domestic violence unless 3 years have elapsed since probation or
 3258  any other conditions set by the court have been fulfilled or
 3259  expunction has occurred; or
 3260         4. Has been adjudicated mentally defective or has been
 3261  committed to a mental institution by a court or as provided in
 3262  sub-sub-subparagraph b.(II), and as a result is prohibited by
 3263  state or federal law from purchasing a firearm.
 3264         a. As used in this subparagraph, “adjudicated mentally
 3265  defective” means a determination by a court that a person, as a
 3266  result of marked subnormal intelligence, or mental illness,
 3267  incompetency, condition, or disease, is a danger to himself or
 3268  herself or to others or lacks the mental capacity to contract or
 3269  manage his or her own affairs. The phrase includes a judicial
 3270  finding of incapacity under s. 744.331(6)(a), an acquittal by
 3271  reason of insanity of a person charged with a criminal offense,
 3272  and a judicial finding that a criminal defendant is not
 3273  competent to stand trial.
 3274         b. As used in this subparagraph, “committed to a mental
 3275  institution” means:
 3276         (I) Involuntary commitment, commitment for mental
 3277  defectiveness or mental illness, and commitment for substance
 3278  abuse. The phrase includes involuntary inpatient placement as
 3279  defined in s. 394.467, or involuntary outpatient placement as
 3280  defined in s. 394.4655, involuntary assessment and stabilization
 3281  under s. 397.6818, and involuntary substance abuse treatment
 3282  under s. 397.6957, but does not include a person in a mental
 3283  institution for observation or discharged from a mental
 3284  institution based upon the initial review by the physician or a
 3285  voluntary admission to a mental institution; or
 3286         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 3287  admission to a mental institution for outpatient or inpatient
 3288  treatment of a person who had an involuntary examination under
 3289  s. 394.463, where each of the following conditions have been
 3290  met:
 3291         (A) An examining physician found that the person is an
 3292  imminent danger to himself or herself or others.
 3293         (B) The examining physician certified that if the person
 3294  did not agree to voluntary treatment, a petition for involuntary
 3295  outpatient or inpatient treatment would have been filed under s.
 3296  394.463(2)(g) s. 394.463(2)(i)4., or the examining physician
 3297  certified that a petition was filed and the person subsequently
 3298  agreed to voluntary treatment prior to a court hearing on the
 3299  petition.
 3300         (C) Before agreeing to voluntary treatment, the person
 3301  received written notice of that finding and certification, and
 3302  written notice that as a result of such finding, he or she may
 3303  be prohibited from purchasing a firearm, and may not be eligible
 3304  to apply for or retain a concealed weapon or firearms license
 3305  under s. 790.06 and the person acknowledged such notice in
 3306  writing, in substantially the following form:
 3307  
 3308         “I understand that the doctor who examined me believes I am
 3309  a danger to myself or to others. I understand that if I do not
 3310  agree to voluntary treatment, a petition will be filed in court
 3311  to require me to receive involuntary treatment. I understand
 3312  that if that petition is filed, I have the right to contest it.
 3313  In the event a petition has been filed, I understand that I can
 3314  subsequently agree to voluntary treatment prior to a court
 3315  hearing. I understand that by agreeing to voluntary treatment in
 3316  either of these situations, I may be prohibited from buying
 3317  firearms and from applying for or retaining a concealed weapons
 3318  or firearms license until I apply for and receive relief from
 3319  that restriction under Florida law.”
 3320  
 3321         (D) A judge or a magistrate has, pursuant to sub-sub
 3322  subparagraph c.(II), reviewed the record of the finding,
 3323  certification, notice, and written acknowledgment classifying
 3324  the person as an imminent danger to himself or herself or
 3325  others, and ordered that such record be submitted to the
 3326  department.
 3327         c. In order to check for these conditions, the department
 3328  shall compile and maintain an automated database of persons who
 3329  are prohibited from purchasing a firearm based on court records
 3330  of adjudications of mental defectiveness or commitments to
 3331  mental institutions.
 3332         (I) Except as provided in sub-sub-subparagraph (II), clerks
 3333  of court shall submit these records to the department within 1
 3334  month after the rendition of the adjudication or commitment.
 3335  Reports shall be submitted in an automated format. The reports
 3336  must, at a minimum, include the name, along with any known alias
 3337  or former name, the sex, and the date of birth of the subject.
 3338         (II) For persons committed to a mental institution pursuant
 3339  to sub-sub-subparagraph b.(II), within 24 hours after the
 3340  person’s agreement to voluntary admission, a record of the
 3341  finding, certification, notice, and written acknowledgment must
 3342  be filed by the administrator of the receiving or treatment
 3343  facility, as defined in s. 394.455, with the clerk of the court
 3344  for the county in which the involuntary examination under s.
 3345  394.463 occurred. No fee shall be charged for the filing under
 3346  this sub-sub-subparagraph. The clerk must present the records to
 3347  a judge or magistrate within 24 hours after receipt of the
 3348  records. A judge or magistrate is required and has the lawful
 3349  authority to review the records ex parte and, if the judge or
 3350  magistrate determines that the record supports the classifying
 3351  of the person as an imminent danger to himself or herself or
 3352  others, to order that the record be submitted to the department.
 3353  If a judge or magistrate orders the submittal of the record to
 3354  the department, the record must be submitted to the department
 3355  within 24 hours.
 3356         d. A person who has been adjudicated mentally defective or
 3357  committed to a mental institution, as those terms are defined in
 3358  this paragraph, may petition the circuit court that made the
 3359  adjudication or commitment, or the court that ordered that the
 3360  record be submitted to the department pursuant to sub-sub
 3361  subparagraph c.(II), for relief from the firearm disabilities
 3362  imposed by such adjudication or commitment. A copy of the
 3363  petition shall be served on the state attorney for the county in
 3364  which the person was adjudicated or committed. The state
 3365  attorney may object to and present evidence relevant to the
 3366  relief sought by the petition. The hearing on the petition may
 3367  be open or closed as the petitioner may choose. The petitioner
 3368  may present evidence and subpoena witnesses to appear at the
 3369  hearing on the petition. The petitioner may confront and cross
 3370  examine witnesses called by the state attorney. A record of the
 3371  hearing shall be made by a certified court reporter or by court
 3372  approved electronic means. The court shall make written findings
 3373  of fact and conclusions of law on the issues before it and issue
 3374  a final order. The court shall grant the relief requested in the
 3375  petition if the court finds, based on the evidence presented
 3376  with respect to the petitioner’s reputation, the petitioner’s
 3377  mental health record and, if applicable, criminal history
 3378  record, the circumstances surrounding the firearm disability,
 3379  and any other evidence in the record, that the petitioner will
 3380  not be likely to act in a manner that is dangerous to public
 3381  safety and that granting the relief would not be contrary to the
 3382  public interest. If the final order denies relief, the
 3383  petitioner may not petition again for relief from firearm
 3384  disabilities until 1 year after the date of the final order. The
 3385  petitioner may seek judicial review of a final order denying
 3386  relief in the district court of appeal having jurisdiction over
 3387  the court that issued the order. The review shall be conducted
 3388  de novo. Relief from a firearm disability granted under this
 3389  sub-subparagraph has no effect on the loss of civil rights,
 3390  including firearm rights, for any reason other than the
 3391  particular adjudication of mental defectiveness or commitment to
 3392  a mental institution from which relief is granted.
 3393         e. Upon receipt of proper notice of relief from firearm
 3394  disabilities granted under sub-subparagraph d., the department
 3395  shall delete any mental health record of the person granted
 3396  relief from the automated database of persons who are prohibited
 3397  from purchasing a firearm based on court records of
 3398  adjudications of mental defectiveness or commitments to mental
 3399  institutions.
 3400         f. The department is authorized to disclose data collected
 3401  pursuant to this subparagraph to agencies of the Federal
 3402  Government and other states for use exclusively in determining
 3403  the lawfulness of a firearm sale or transfer. The department is
 3404  also authorized to disclose this data to the Department of
 3405  Agriculture and Consumer Services for purposes of determining
 3406  eligibility for issuance of a concealed weapons or concealed
 3407  firearms license and for determining whether a basis exists for
 3408  revoking or suspending a previously issued license pursuant to
 3409  s. 790.06(10). When a potential buyer or transferee appeals a
 3410  nonapproval based on these records, the clerks of court and
 3411  mental institutions shall, upon request by the department,
 3412  provide information to help determine whether the potential
 3413  buyer or transferee is the same person as the subject of the
 3414  record. Photographs and any other data that could confirm or
 3415  negate identity must be made available to the department for
 3416  such purposes, notwithstanding any other provision of state law
 3417  to the contrary. Any such information that is made confidential
 3418  or exempt from disclosure by law shall retain such confidential
 3419  or exempt status when transferred to the department.
 3420         Section 35. Part IV of chapter 397, Florida Statutes,
 3421  consisting of s. 397.601, Florida Statutes, is repealed.
 3422         Section 36. Part V of chapter 397, Florida Statutes,
 3423  consisting of ss. 397.675-397.6977, Florida Statutes, is
 3424  repealed.
 3425         Section 37. This act shall take effect July 1, 2015.