Florida Senate - 2020                             CS for SB 1678
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Montford
       
       
       
       
       586-03498-20                                          20201678c1
    1                        A bill to be entitled                      
    2         An act relating to substance abuse and mental health;
    3         amending s. 394.455, F.S.; revising the definition of
    4         “mental illness”; defining the terms “neglect or
    5         refuse to care for himself or herself” and “real and
    6         present threat of substantial harm”; conforming a
    7         cross-reference; amending s. 394.459, F.S.; requiring
    8         that respondents with a serious mental illness be
    9         informed of the essential elements of recovery and be
   10         provided assistance with accessing a continuum of care
   11         regimen; authorizing the Department of Children and
   12         Families to adopt certain rules; amending s. 394.4598,
   13         F.S.; conforming a cross-reference; amending s.
   14         394.4599, F.S.; conforming provisions to changes made
   15         by the act; amending s. 394.461, F.S.; authorizing the
   16         state to establish that a transfer evaluation was
   17         performed by providing the court with a copy of the
   18         evaluation before the close of the state’s case in
   19         chief; prohibiting the court from considering
   20         substantive information in the transfer evaluation
   21         unless the evaluator testifies at the hearing;
   22         amending s. 394.4615, F.S.; conforming provisions to
   23         changes made by the act; amending s. 394.462, F.S.;
   24         conforming cross-references; amending s. 394.4625,
   25         F.S.; providing requirements relating to the
   26         voluntariness of admissions to a facility for
   27         examination and treatment; providing requirements for
   28         verifying the assent of a minor admitted to a
   29         facility; requiring the appointment of a public
   30         defender to review the voluntariness of a minor’s
   31         admission to a facility; requiring the filing of a
   32         petition for involuntary placement or release of a
   33         minor to his or her parent or legal guardian under
   34         certain circumstances; conforming provisions to
   35         changes made by the act; amending s. 394.463, F.S.;
   36         revising the requirements for when a person may be
   37         taken to a receiving facility for involuntary
   38         examination; requiring a facility to inform the
   39         department of certain persons who have been examined
   40         or committed under certain circumstances; conforming
   41         provisions to changes made by the act; providing
   42         criminal and civil penalties; amending s. 394.4655,
   43         F.S.; revising the requirements for involuntary
   44         outpatient treatment; amending s. 394.467, F.S.;
   45         revising the requirements for when a person may be
   46         ordered for involuntary inpatient placement; revising
   47         requirements for continuances of hearings; revising
   48         the conditions under which a court may waive the
   49         requirement for a patient to be present at an
   50         involuntary inpatient placement hearing; authorizing
   51         the court to permit all witnesses to remotely attend
   52         and testify at the hearing through certain means;
   53         authorizing the state attorney to access certain
   54         persons and records for certain purposes; specifying
   55         such records remain confidential; revising when the
   56         court may appoint a magistrate; revising the amount of
   57         time a court may require a patient to receive
   58         services; providing an exception to the prohibition on
   59         a court ordering certain individuals to be
   60         involuntarily placed in a state treatment facility;
   61         conforming a cross-reference; amending s. 394.495,
   62         F.S.; revising the counties that a community action
   63         treatment team must serve; conforming cross
   64         references; amending s. 394.496, F.S.; conforming
   65         cross-references; amending s. 394.499, F.S.; making
   66         technical and conforming changes; amending s. 394.656,
   67         F.S.; renaming the Criminal Justice, Mental Health,
   68         and Substance Abuse Statewide Grant Review Committee
   69         as the Criminal Justice, Mental Health, and Substance
   70         Abuse Statewide Grant Advisory Committee; revising
   71         membership of the committee; revising the committee’s
   72         duties and requirements; revising the entities that
   73         may apply for certain grants; revising the eligibility
   74         requirements for the grants; revising the selection
   75         process for grant recipients; amending s. 394.657,
   76         F.S.; conforming provisions to changes made by the
   77         act; amending s. 394.658, F.S.; revising requirements
   78         of the Criminal Justice, Mental Health, and Substance
   79         Abuse Reinvestment Grant Program; amending s. 394.674,
   80         F.S.; revising eligibility requirements for certain
   81         substance abuse and mental health services; providing
   82         priority for specified individuals; amending s.
   83         394.908, F.S.; revising the definition of the term
   84         “individuals in need”; revising requirements for
   85         substance abuse and mental health funding equity;
   86         amending s. 394.9085, F.S.; conforming cross
   87         references; amending s. 397.305, F.S.; revising the
   88         purposes of ch. 397, F.S.; amending s. 397.311, F.S.;
   89         revising the definition of the terms “impaired” and
   90         “substance abuse impaired”; defining the terms
   91         “involuntary treatment services,” “neglect or refuse
   92         to care for himself or herself,” and “real and present
   93         threat of substantial harm”; amending s. 397.321,
   94         F.S.; deleting a provision requiring the Department of
   95         Children and Families to develop a certification
   96         process for community substance abuse prevention
   97         coalitions; amending s. 397.416, F.S.; conforming a
   98         cross-reference; amending s. 397.501, F.S.; requiring
   99         that respondents with serious substance abuse
  100         addictions be informed of the essential elements of
  101         recovery and provided assistance with accessing a
  102         continuum of care regimen; authorizing the department
  103         to adopt certain rules; amending s. 397.675, F.S.;
  104         revising the criteria for involuntary admissions;
  105         amending s. 397.6751, F.S.; revising the
  106         responsibilities of a service provider; amending s.
  107         397.681, F.S.; requiring that the state attorney
  108         represent the state as the real party of interest in
  109         an involuntary proceeding, subject to legislative
  110         appropriation; authorizing the state attorney to
  111         access certain persons and records; conforming
  112         provisions to changes made by the act; repealing s.
  113         397.6811, F.S., relating to involuntary assessment and
  114         stabilization; repealing s. 397.6814, F.S., relating
  115         to petitions for involuntary assessment and
  116         stabilization; repealing s. 397.6815, F.S., relating
  117         to involuntary assessment and stabilization
  118         procedures; repealing s. 397.6818, F.S., relating to
  119         court determinations for petitions for involuntary
  120         assessment and stabilization; repealing s. 397.6819,
  121         F.S., relating to the responsibilities of licensed
  122         service providers with regard to involuntary
  123         assessment and stabilization; repealing s. 397.6821,
  124         F.S., relating to extensions of time for completion of
  125         involuntary assessment and stabilization; repealing s.
  126         397.6822, F.S., relating to the disposition of
  127         individuals after involuntary assessments; amending s.
  128         397.693, F.S.; revising the circumstances under which
  129         a person is eligible for court-ordered involuntary
  130         treatment; amending s. 397.695, F.S.; authorizing the
  131         court or clerk of the court to waive or prohibit any
  132         service of process fees for an indigent petitioner;
  133         amending s. 397.6951, F.S.; revising the requirements
  134         for the contents of a petition for involuntary
  135         treatment services; providing that a petitioner may
  136         include a certificate or report of a qualified
  137         professional with the petition; requiring the
  138         certificate or report to contain certain information;
  139         requiring that certain additional information must be
  140         included if an emergency exists; amending s. 397.6955,
  141         F.S.; requiring the clerk of the court to notify the
  142         state attorney’s office upon the receipt of a petition
  143         filed for involuntary treatment services; revising
  144         when a hearing must be held on the petition; providing
  145         requirements for when a petitioner asserts that
  146         emergency circumstances exist or the court determines
  147         that an emergency exists; amending s. 397.6957, F.S.;
  148         expanding the exemption from the requirement that a
  149         respondent be present at a hearing on a petition for
  150         involuntary treatment services; authorizing the court
  151         to order drug tests and permit all witnesses to
  152         remotely attend and testify at the hearing through
  153         certain means; deleting a provision requiring the
  154         court to appoint a guardian advocate under certain
  155         circumstances; prohibiting a respondent from being
  156         involuntarily ordered into treatment unless certain
  157         requirements are met; providing requirements relating
  158         to involuntary assessment and stabilization orders;
  159         providing requirements relating to involuntary
  160         treatment hearings; requiring that the assessment of a
  161         respondent occur before a specified time unless
  162         certain requirements are met; requiring the service
  163         provider to discharge the respondent after a specified
  164         time unless certain requirements are met; requiring a
  165         qualified professional to provide copies of his or her
  166         report to the court and all relevant parties and
  167         counsel; providing requirements for the report;
  168         authorizing certain entities to take specified actions
  169         based upon the involuntary assessment; authorizing a
  170         court to order certain persons to take a respondent
  171         into custody and transport him or her to or from
  172         certain service providers and the court; revising the
  173         petitioner’s burden of proof in the hearing;
  174         authorizing the court to initiate involuntary
  175         proceedings under certain circumstances; requiring
  176         that, if a treatment order is issued, it must include
  177         certain findings; amending s. 397.697, F.S.; requiring
  178         that an individual meet certain requirements to
  179         qualify for involuntary outpatient treatment;
  180         specifying that certain hearings may be set by the
  181         motion of a party or under the court’s own authority;
  182         specifying that a service provider’s authority is
  183         separate and distinct from the court’s jurisdiction;
  184         amending s. 397.6971, F.S.; conforming provisions to
  185         changes made by the act; amending s. 397.6975, F.S.;
  186         authorizing certain entities to file a petition for
  187         renewal of involuntary treatment; revising the
  188         timeframe during which the court is required to
  189         schedule a hearing; conforming provisions to changes
  190         made by the act; amending s. 397.6977, F.S.;
  191         conforming provisions to changes made by the act;
  192         repealing s. 397.6978, F.S., relating to the
  193         appointment of guardian advocates; amending s. 397.99,
  194         F.S.; revising administration requirements for the
  195         school substance abuse prevention partnership grant
  196         program; revising application procedures and funding
  197         requirements for the program; revising requirements
  198         relating to the review of grant applications; amending
  199         s. 916.111, F.S.; requiring the department to provide
  200         refresher training for specified mental health
  201         professionals; providing requirements for such
  202         training; amending s. 916.115, F.S.; revising
  203         requirements for the appointment of experts to
  204         evaluate certain defendants; requiring appointed
  205         experts to complete specified training; amending ss.
  206         409.972, 464.012, 744.2007, and 790.065, F.S.;
  207         conforming cross-references; providing an effective
  208         date.
  209          
  210  Be It Enacted by the Legislature of the State of Florida:
  211  
  212         Section 1. Present subsections (31) through (38) and (39)
  213  through (48) of section 394.455, Florida Statutes, are
  214  redesignated as subsections (32) through (39) and (41) through
  215  (50), respectively, subsections (22) and (28) of that section
  216  are amended, and new subsections (31) and (40) are added to that
  217  section, to read:
  218         394.455 Definitions.—As used in this part, the term:
  219         (22) “Involuntary examination” means an examination
  220  performed under s. 394.463, s. 397.6772, s. 397.679, s.
  221  397.6798, or s. 397.6957 s. 397.6811 to determine whether a
  222  person qualifies for involuntary services.
  223         (28) “Mental illness” means an impairment of the mental or
  224  emotional processes that exercise conscious control of one’s
  225  actions or of the ability to perceive or understand reality,
  226  which impairment substantially interferes with the person’s
  227  ability to meet the ordinary demands of living. For the purposes
  228  of this part, the term does not include a developmental
  229  disability as defined in chapter 393, intoxication, or
  230  conditions manifested only by antisocial behavior, dementia,
  231  traumatic brain injury, or substance abuse.
  232         (31)“Neglect or refuse to care for himself or herself”
  233  includes, but is not limited to, evidence that a person:
  234         (a)Is unable to satisfy basic needs for nourishment,
  235  clothing, medical care, shelter, or safety in a manner that
  236  creates a substantial probability of imminent death, serious
  237  physical debilitation, or disease; or
  238         (b)Is substantially unable to make an informed treatment
  239  choice and needs care or treatment to prevent deterioration.
  240         (40)“Real and present threat of substantial harm”
  241  includes, but is not limited to, evidence of a substantial
  242  probability that the untreated person will:
  243         (a)Lack, refuse, or not receive services for health and
  244  safety that are actually available in the community; or
  245         (b)Suffer severe mental, emotional, or physical harm that
  246  will result in the loss of his or her ability to function in the
  247  community or the loss of cognitive or volitional control over
  248  thoughts or actions.
  249         Section 2. Subsection (13) is added to section 394.459,
  250  Florida Statutes, to read:
  251         394.459 Rights of patients.—
  252         (13)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a
  253  respondent with a serious mental illness must be informed of the
  254  essential elements of recovery and provided assistance with
  255  accessing a continuum of care regimen. The department may adopt
  256  rules specifying the services that may be provided to such
  257  respondents.
  258         Section 3. Subsection (1) of section 394.4598, Florida
  259  Statutes, is amended to read:
  260         394.4598 Guardian advocate.—
  261         (1) The administrator may petition the court for the
  262  appointment of a guardian advocate based upon the opinion of a
  263  psychiatrist that the patient is incompetent to consent to
  264  treatment. If the court finds that a patient is incompetent to
  265  consent to treatment and has not been adjudicated incapacitated
  266  and a guardian with the authority to consent to mental health
  267  treatment appointed, it shall appoint a guardian advocate. The
  268  patient has the right to have an attorney represent him or her
  269  at the hearing. If the person is indigent, the court shall
  270  appoint the office of the public defender to represent him or
  271  her at the hearing. The patient has the right to testify, cross
  272  examine witnesses, and present witnesses. The proceeding shall
  273  be recorded either electronically or stenographically, and
  274  testimony shall be provided under oath. One of the professionals
  275  authorized to give an opinion in support of a petition for
  276  involuntary placement, as described in s. 394.4655 or s.
  277  394.467, must testify. A guardian advocate must meet the
  278  qualifications of a guardian contained in part IV of chapter
  279  744, except that a professional referred to in this part, an
  280  employee of the facility providing direct services to the
  281  patient under this part, a departmental employee, a facility
  282  administrator, or member of the Florida local advocacy council
  283  may shall not be appointed. A person who is appointed as a
  284  guardian advocate must agree to the appointment.
  285         Section 4. Paragraph (d) of subsection (2) of section
  286  394.4599, Florida Statutes, is amended to read:
  287         394.4599 Notice.—
  288         (2) INVOLUNTARY ADMISSION.—
  289         (d) The written notice of the filing of the petition for
  290  involuntary services for an individual being held must contain
  291  the following:
  292         1. Notice that the petition for:
  293         a. Involuntary inpatient treatment pursuant to s. 394.467
  294  has been filed with the circuit court in the county in which the
  295  individual is hospitalized and the address of such court; or
  296         b. Involuntary outpatient services pursuant to s. 394.4655
  297  has been filed with the criminal county court, as defined in s.
  298  394.4655(1), or the circuit court, as applicable, in the county
  299  in which the individual is hospitalized and the address of such
  300  court.
  301         2. Notice that the office of the public defender has been
  302  appointed to represent the individual in the proceeding, if the
  303  individual is not otherwise represented by counsel.
  304         3. The date, time, and place of the hearing and the name of
  305  each examining expert and every other person expected to testify
  306  in support of continued detention.
  307         4. Notice that the individual, the individual’s guardian,
  308  guardian advocate, health care surrogate or proxy, or
  309  representative, or the administrator may apply for a change of
  310  venue for the convenience of the parties or witnesses or because
  311  of the condition of the individual.
  312         5. Notice that the individual is entitled to an independent
  313  expert examination and, if the individual cannot afford such an
  314  examination, that the court will provide for one.
  315         Section 5. Subsection (2) of section 394.461, Florida
  316  Statutes, is amended to read:
  317         394.461 Designation of receiving and treatment facilities
  318  and receiving systems.—The department is authorized to designate
  319  and monitor receiving facilities, treatment facilities, and
  320  receiving systems and may suspend or withdraw such designation
  321  for failure to comply with this part and rules adopted under
  322  this part. Unless designated by the department, facilities are
  323  not permitted to hold or treat involuntary patients under this
  324  part.
  325         (2) TREATMENT FACILITY.—The department may designate any
  326  state-owned, state-operated, or state-supported facility as a
  327  state treatment facility. A civil patient must shall not be
  328  admitted to a state treatment facility without previously
  329  undergoing a transfer evaluation. Before the close of the
  330  state’s case in chief in a court hearing for involuntary
  331  placement in a state treatment facility, the state may establish
  332  that the transfer evaluation was performed and the document
  333  properly executed by providing the court with a copy of the
  334  transfer evaluation. The court may not shall receive and
  335  consider the substantive information documented in the transfer
  336  evaluation unless the evaluator testifies at the hearing. Any
  337  other facility, including a private facility or a federal
  338  facility, may be designated as a treatment facility by the
  339  department, provided that such designation is agreed to by the
  340  appropriate governing body or authority of the facility.
  341         Section 6. Subsection (3) of section 394.4615, Florida
  342  Statutes, is amended to read:
  343         394.4615 Clinical records; confidentiality.—
  344         (3) Information from the clinical record may be released in
  345  the following circumstances:
  346         (a) When a patient has communicated to a service provider a
  347  specific threat to cause serious bodily injury or death to an
  348  identified or a readily available person, if the service
  349  provider reasonably believes, or should reasonably believe
  350  according to the standards of his or her profession, that the
  351  patient has the apparent intent and ability to imminently or
  352  immediately carry out such threat. When such communication has
  353  been made, the administrator may authorize the release of
  354  sufficient information to provide adequate warning to the person
  355  threatened with harm by the patient.
  356         (b) When the administrator of the facility or secretary of
  357  the department deems release to a qualified researcher as
  358  defined in administrative rule, an aftercare treatment provider,
  359  or an employee or agent of the department is necessary for
  360  treatment of the patient, maintenance of adequate records,
  361  compilation of treatment data, aftercare planning, or evaluation
  362  of programs.
  363  
  364  For the purpose of determining whether a person meets the
  365  criteria for involuntary outpatient placement or for preparing
  366  the proposed treatment plan pursuant to s. 394.4655, the
  367  clinical record may be released to the state attorney, the
  368  public defender or the patient’s private legal counsel, the
  369  court, and to the appropriate mental health professionals,
  370  including the service provider identified in s.
  371  394.4655(7)(b)2., in accordance with state and federal law.
  372         Section 7. Section 394.462, Florida Statutes, is amended to
  373  read:
  374         394.462 Transportation.—A transportation plan shall be
  375  developed and implemented by each county in collaboration with
  376  the managing entity in accordance with this section. A county
  377  may enter into a memorandum of understanding with the governing
  378  boards of nearby counties to establish a shared transportation
  379  plan. When multiple counties enter into a memorandum of
  380  understanding for this purpose, the counties shall notify the
  381  managing entity and provide it with a copy of the agreement. The
  382  transportation plan shall describe methods of transport to a
  383  facility within the designated receiving system for individuals
  384  subject to involuntary examination under s. 394.463 or
  385  involuntary admission under s. 397.6772, s. 397.679, s.
  386  397.6798, or s. 397.6957 s. 397.6811, and may identify
  387  responsibility for other transportation to a participating
  388  facility when necessary and agreed to by the facility. The plan
  389  may rely on emergency medical transport services or private
  390  transport companies, as appropriate. The plan shall comply with
  391  the transportation provisions of this section and ss. 397.6772,
  392  397.6795, 397.6822, and 397.697.
  393         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  394         (a) Each county shall designate a single law enforcement
  395  agency within the county, or portions thereof, to take a person
  396  into custody upon the entry of an ex parte order or the
  397  execution of a certificate for involuntary examination by an
  398  authorized professional and to transport that person to the
  399  appropriate facility within the designated receiving system
  400  pursuant to a transportation plan.
  401         (b)1. The designated law enforcement agency may decline to
  402  transport the person to a receiving facility only if:
  403         a. The jurisdiction designated by the county has contracted
  404  on an annual basis with an emergency medical transport service
  405  or private transport company for transportation of persons to
  406  receiving facilities pursuant to this section at the sole cost
  407  of the county; and
  408         b. The law enforcement agency and the emergency medical
  409  transport service or private transport company agree that the
  410  continued presence of law enforcement personnel is not necessary
  411  for the safety of the person or others.
  412         2. The entity providing transportation may seek
  413  reimbursement for transportation expenses. The party responsible
  414  for payment for such transportation is the person receiving the
  415  transportation. The county shall seek reimbursement from the
  416  following sources in the following order:
  417         a. From a private or public third-party payor, if the
  418  person receiving the transportation has applicable coverage.
  419         b. From the person receiving the transportation.
  420         c. From a financial settlement for medical care, treatment,
  421  hospitalization, or transportation payable or accruing to the
  422  injured party.
  423         (c) A company that transports a patient pursuant to this
  424  subsection is considered an independent contractor and is solely
  425  liable for the safe and dignified transport of the patient. Such
  426  company must be insured and provide no less than $100,000 in
  427  liability insurance with respect to the transport of patients.
  428         (d) Any company that contracts with a governing board of a
  429  county to transport patients shall comply with the applicable
  430  rules of the department to ensure the safety and dignity of
  431  patients.
  432         (e) When a law enforcement officer takes custody of a
  433  person pursuant to this part, the officer may request assistance
  434  from emergency medical personnel if such assistance is needed
  435  for the safety of the officer or the person in custody.
  436         (f) When a member of a mental health overlay program or a
  437  mobile crisis response service is a professional authorized to
  438  initiate an involuntary examination pursuant to s. 394.463 or s.
  439  397.675 and that professional evaluates a person and determines
  440  that transportation to a receiving facility is needed, the
  441  service, at its discretion, may transport the person to the
  442  facility or may call on the law enforcement agency or other
  443  transportation arrangement best suited to the needs of the
  444  patient.
  445         (g) When any law enforcement officer has custody of a
  446  person based on either noncriminal or minor criminal behavior
  447  that meets the statutory guidelines for involuntary examination
  448  pursuant to s. 394.463, the law enforcement officer shall
  449  transport the person to the appropriate facility within the
  450  designated receiving system pursuant to a transportation plan.
  451  Persons who meet the statutory guidelines for involuntary
  452  admission pursuant to s. 397.675 may also be transported by law
  453  enforcement officers to the extent resources are available and
  454  as otherwise provided by law. Such persons shall be transported
  455  to an appropriate facility within the designated receiving
  456  system pursuant to a transportation plan.
  457         (h) When any law enforcement officer has arrested a person
  458  for a felony and it appears that the person meets the statutory
  459  guidelines for involuntary examination or placement under this
  460  part, such person must first be processed in the same manner as
  461  any other criminal suspect. The law enforcement agency shall
  462  thereafter immediately notify the appropriate facility within
  463  the designated receiving system pursuant to a transportation
  464  plan. The receiving facility shall be responsible for promptly
  465  arranging for the examination and treatment of the person. A
  466  receiving facility is not required to admit a person charged
  467  with a crime for whom the facility determines and documents that
  468  it is unable to provide adequate security, but shall provide
  469  examination and treatment to the person where he or she is held.
  470         (i) If the appropriate law enforcement officer believes
  471  that a person has an emergency medical condition as defined in
  472  s. 395.002, the person may be first transported to a hospital
  473  for emergency medical treatment, regardless of whether the
  474  hospital is a designated receiving facility.
  475         (j) The costs of transportation, evaluation,
  476  hospitalization, and treatment incurred under this subsection by
  477  persons who have been arrested for violations of any state law
  478  or county or municipal ordinance may be recovered as provided in
  479  s. 901.35.
  480         (k) The appropriate facility within the designated
  481  receiving system pursuant to a transportation plan must accept
  482  persons brought by law enforcement officers, or an emergency
  483  medical transport service or a private transport company
  484  authorized by the county, for involuntary examination pursuant
  485  to s. 394.463.
  486         (l) The appropriate facility within the designated
  487  receiving system pursuant to a transportation plan must provide
  488  persons brought by law enforcement officers, or an emergency
  489  medical transport service or a private transport company
  490  authorized by the county, pursuant to s. 397.675, a basic
  491  screening or triage sufficient to refer the person to the
  492  appropriate services.
  493         (m) Each law enforcement agency designated pursuant to
  494  paragraph (a) shall establish a policy that reflects a single
  495  set of protocols for the safe and secure transportation and
  496  transfer of custody of the person. Each law enforcement agency
  497  shall provide a copy of the protocols to the managing entity.
  498         (n) When a jurisdiction has entered into a contract with an
  499  emergency medical transport service or a private transport
  500  company for transportation of persons to facilities within the
  501  designated receiving system, such service or company shall be
  502  given preference for transportation of persons from nursing
  503  homes, assisted living facilities, adult day care centers, or
  504  adult family-care homes, unless the behavior of the person being
  505  transported is such that transportation by a law enforcement
  506  officer is necessary.
  507         (o) This section may not be construed to limit emergency
  508  examination and treatment of incapacitated persons provided in
  509  accordance with s. 401.445.
  510         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  511         (a) If neither the patient nor any person legally obligated
  512  or responsible for the patient is able to pay for the expense of
  513  transporting a voluntary or involuntary patient to a treatment
  514  facility, the transportation plan established by the governing
  515  board of the county or counties must specify how the
  516  hospitalized patient will be transported to, from, and between
  517  facilities in a safe and dignified manner.
  518         (b) A company that transports a patient pursuant to this
  519  subsection is considered an independent contractor and is solely
  520  liable for the safe and dignified transportation of the patient.
  521  Such company must be insured and provide no less than $100,000
  522  in liability insurance with respect to the transport of
  523  patients.
  524         (c) A company that contracts with one or more counties to
  525  transport patients in accordance with this section shall comply
  526  with the applicable rules of the department to ensure the safety
  527  and dignity of patients.
  528         (d) County or municipal law enforcement and correctional
  529  personnel and equipment may not be used to transport patients
  530  adjudicated incapacitated or found by the court to meet the
  531  criteria for involuntary placement pursuant to s. 394.467,
  532  except in small rural counties where there are no cost-efficient
  533  alternatives.
  534         (3) TRANSFER OF CUSTODY.—Custody of a person who is
  535  transported pursuant to this part, along with related
  536  documentation, shall be relinquished to a responsible individual
  537  at the appropriate receiving or treatment facility.
  538         Section 8. Subsection (1) of section 394.4625, Florida
  539  Statutes, is amended to read:
  540         394.4625 Voluntary admissions.—
  541         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
  542  PATIENTS.—
  543         (a) In order to be admitted to a facility on a voluntary
  544  basis, a person must show evidence of a mental illness and be
  545  suitable for treatment by the facility.
  546         1.If the person is an adult, he or she must be competent
  547  to provide his or her express and informed consent in writing to
  548  the facility.
  549         2.A minor may only be admitted to a facility on the basis
  550  of the express and informed consent of the minor’s parent or
  551  legal guardian in conjunction with the minor’s assent.
  552         a.The minor’s assent is an affirmative agreement by the
  553  minor to remain at the facility for examination and treatment.
  554  The minor’s failure to object is not assent for purposes of this
  555  subparagraph.
  556         b.The minor’s assent must be verified through a clinical
  557  assessment that is documented in the minor’s clinical record and
  558  conducted within 12 hours after arrival at the facility by a
  559  licensed professional authorized to initiate an involuntary
  560  examination under s. 394.463.
  561         c.In verifying the minor’s assent, the examining
  562  professional must first provide the minor with an explanation as
  563  to why the minor will be examined and treated, what the minor
  564  can expect while in the facility, and when the minor may expect
  565  to be released, using language that is appropriate to the
  566  minor’s age, experience, maturity, and condition. The examining
  567  professional must determine and document that the minor is able
  568  to understand this information.
  569         d.The facility must advise the minor of his or her right
  570  to request and have access to legal counsel.
  571         e.The facility administrator must file with the court a
  572  notice of a minor’s voluntary placement within 1 court working
  573  day after the minor’s admission to the facility.
  574         f.The court shall appoint a public defender who may review
  575  the voluntariness of the minor’s admission to the facility and
  576  further verify his or her assent. The public defender may
  577  interview and represent the minor and shall have access to all
  578  relevant witnesses and records. If the public defender does not
  579  review the voluntariness of the admission, the clinical
  580  assessment of the minor’s assent shall serve as verification of
  581  assent.
  582         g.Unless the minor’s assent is verified pursuant to this
  583  subparagraph, a petition for involuntary placement must be filed
  584  with the court or the minor must be released to his or her
  585  parent or legal guardian within 24 hours after arriving at the
  586  facility A facility may receive for observation, diagnosis, or
  587  treatment any person 18 years of age or older making application
  588  by express and informed consent for admission or any person age
  589  17 or under for whom such application is made by his or her
  590  guardian. If found to show evidence of mental illness, to be
  591  competent to provide express and informed consent, and to be
  592  suitable for treatment, such person 18 years of age or older may
  593  be admitted to the facility. A person age 17 or under may be
  594  admitted only after a hearing to verify the voluntariness of the
  595  consent.
  596         (b) A mental health overlay program or a mobile crisis
  597  response service or a licensed professional who is authorized to
  598  initiate an involuntary examination pursuant to s. 394.463 and
  599  is employed by a community mental health center or clinic must,
  600  pursuant to district procedure approved by the respective
  601  district administrator, conduct an initial assessment of the
  602  ability of the following persons to give express and informed
  603  consent to treatment before such persons may be admitted
  604  voluntarily:
  605         1. A person 60 years of age or older for whom transfer is
  606  being sought from a nursing home, assisted living facility,
  607  adult day care center, or adult family-care home, when such
  608  person has been diagnosed as suffering from dementia.
  609         2. A person 60 years of age or older for whom transfer is
  610  being sought from a nursing home pursuant to s. 400.0255(12).
  611         3. A person for whom all decisions concerning medical
  612  treatment are currently being lawfully made by the health care
  613  surrogate or proxy designated under chapter 765.
  614         (c) When an initial assessment of the ability of a person
  615  to give express and informed consent to treatment is required
  616  under this section, and a mobile crisis response service does
  617  not respond to the request for an assessment within 2 hours
  618  after the request is made or informs the requesting facility
  619  that it will not be able to respond within 2 hours after the
  620  request is made, the requesting facility may arrange for
  621  assessment by any licensed professional authorized to initiate
  622  an involuntary examination pursuant to s. 394.463 who is not
  623  employed by or under contract with, and does not have a
  624  financial interest in, either the facility initiating the
  625  transfer or the receiving facility to which the transfer may be
  626  made.
  627         (d) A facility may not admit as a voluntary patient a
  628  person who has been adjudicated incapacitated, unless the
  629  condition of incapacity has been judicially removed. If a
  630  facility admits as a voluntary patient a person who is later
  631  determined to have been adjudicated incapacitated, and the
  632  condition of incapacity had not been removed by the time of the
  633  admission, the facility must either discharge the patient or
  634  transfer the patient to involuntary status.
  635         (e) The health care surrogate or proxy of a voluntary
  636  patient may not consent to the provision of mental health
  637  treatment for the patient. A voluntary patient who is unwilling
  638  or unable to provide express and informed consent to mental
  639  health treatment must either be discharged or transferred to
  640  involuntary status.
  641         (f) Within 24 hours after admission of a voluntary patient,
  642  the admitting physician shall document in the patient’s clinical
  643  record that the patient is able to give express and informed
  644  consent for admission. If the patient is not able to give
  645  express and informed consent for admission, the facility shall
  646  either discharge the patient or transfer the patient to
  647  involuntary status pursuant to subsection (5).
  648         Section 9. Subsection (1) and paragraphs (a), (g), and (h)
  649  of subsection (2) of section 394.463, Florida Statutes, are
  650  amended, and subsection (5) is added to that section, to read:
  651         394.463 Involuntary examination.—
  652         (1) CRITERIA.—A person may be taken to a receiving facility
  653  for involuntary examination if there is reason to believe that
  654  the person has a mental illness and because of his or her mental
  655  illness:
  656         (a)1. The person has refused voluntary examination after
  657  conscientious explanation and disclosure of the purpose of the
  658  examination; or
  659         2. The person is unable to determine for himself or herself
  660  whether examination is necessary; and
  661         (b)1. Without care or treatment, the person is likely to
  662  suffer from neglect or refuse to care for himself or herself;
  663  such neglect or refusal poses a real and present threat of
  664  substantial harm to his or her well-being; and it is not
  665  apparent that such harm may be avoided through the help of
  666  willing, able, and responsible family members or friends or the
  667  provision of other services; or
  668         2. There is a substantial likelihood that in the near
  669  future and without care or treatment, the person will inflict
  670  serious cause serious bodily harm to self himself or herself or
  671  others in the near future, as evidenced by acts, omissions, or
  672  recent behavior causing, attempting, or threatening such harm,
  673  which includes, but is not limited to, significant property
  674  damage.
  675         (2) INVOLUNTARY EXAMINATION.—
  676         (a) An involuntary examination may be initiated by any one
  677  of the following means:
  678         1. A circuit or county court may enter an ex parte order
  679  stating that a person appears to meet the criteria for
  680  involuntary examination and specifying the findings on which
  681  that conclusion is based. The ex parte order for involuntary
  682  examination must be based on written or oral sworn testimony
  683  that includes specific facts that support the findings. If other
  684  less restrictive means are not available, such as voluntary
  685  appearance for outpatient evaluation, a law enforcement officer,
  686  or other designated agent of the court, shall take the person
  687  into custody and deliver him or her to an appropriate, or the
  688  nearest, facility within the designated receiving system
  689  pursuant to s. 394.462 for involuntary examination. The order of
  690  the court shall be made a part of the patient’s clinical record.
  691  A fee may not be charged for the filing of an order under this
  692  subsection. A facility accepting the patient based on this order
  693  must send a copy of the order to the department within 5 working
  694  days. The order may be submitted electronically through existing
  695  data systems, if available. The order shall be valid only until
  696  the person is delivered to the facility or for the period
  697  specified in the order itself, whichever comes first. If no time
  698  limit is specified in the order, the order shall be valid for 7
  699  days after the date that the order was signed.
  700         2. A law enforcement officer may shall take a person who
  701  appears to meet the criteria for involuntary examination into
  702  custody and deliver the person or have him or her delivered to
  703  an appropriate, or the nearest, facility within the designated
  704  receiving system pursuant to s. 394.462 for examination. The
  705  officer shall execute a written report detailing the
  706  circumstances under which the person was taken into custody,
  707  which must be made a part of the patient’s clinical record. Any
  708  facility accepting the patient based on this report must send a
  709  copy of the report to the department within 5 working days.
  710         3. A physician, clinical psychologist, psychiatric nurse,
  711  mental health counselor, marriage and family therapist, or
  712  clinical social worker may execute a certificate stating that he
  713  or she has examined a person within the preceding 48 hours and
  714  finds that the person appears to meet the criteria for
  715  involuntary examination and stating the observations upon which
  716  that conclusion is based. If other less restrictive means, such
  717  as voluntary appearance for outpatient evaluation, are not
  718  available, a law enforcement officer shall take into custody the
  719  person named in the certificate and deliver him or her to the
  720  appropriate, or nearest, facility within the designated
  721  receiving system pursuant to s. 394.462 for involuntary
  722  examination. The law enforcement officer shall execute a written
  723  report detailing the circumstances under which the person was
  724  taken into custody. The report and certificate shall be made a
  725  part of the patient’s clinical record. Any facility accepting
  726  the patient based on this certificate must send a copy of the
  727  certificate to the department within 5 working days. The
  728  document may be submitted electronically through existing data
  729  systems, if applicable.
  730  
  731  When sending the order, report, or certificate to the
  732  department, a facility shall, at a minimum, provide information
  733  about which action was taken regarding the patient under
  734  paragraph (g), which information shall also be made a part of
  735  the patient’s clinical record.
  736         (g) The examination period must be for up to 72 hours. For
  737  a minor, the examination shall be initiated within 12 hours
  738  after the patient’s arrival at the facility. The facility must
  739  inform the department of any person who has been examined or
  740  committed three or more times under this chapter within a 12
  741  month period. Within the examination period or, if the
  742  examination period ends on a weekend or holiday, no later than
  743  the next working day thereafter, one of the following actions
  744  must be taken, based on the individual needs of the patient:
  745         1. The patient shall be released, unless he or she is
  746  charged with a crime, in which case the patient shall be
  747  returned to the custody of a law enforcement officer;
  748         2. The patient shall be released, subject to subparagraph
  749  1., for voluntary outpatient treatment;
  750         3. The patient, unless he or she is charged with a crime,
  751  shall be asked to give express and informed consent to placement
  752  as a voluntary patient and, if such consent is given, the
  753  patient shall be admitted as a voluntary patient; or
  754         4. A petition for involuntary services shall be filed in
  755  the circuit court if inpatient treatment is deemed necessary or
  756  with a the criminal county court, as described in s. 394.4655
  757  defined in s. 394.4655(1), as applicable. When inpatient
  758  treatment is deemed necessary, the least restrictive treatment
  759  consistent with the optimum improvement of the patient’s
  760  condition shall be made available. The petition When a petition
  761  is to be filed for involuntary outpatient placement, it shall be
  762  filed by one of the petitioners specified in s. 394.4655(4)(a).
  763  A petition for involuntary inpatient placement shall be filed by
  764  the facility administrator.
  765         (h) A person for whom an involuntary examination has been
  766  initiated who is being evaluated or treated at a hospital for an
  767  emergency medical condition specified in s. 395.002 must be
  768  examined by a facility within the examination period specified
  769  in paragraph (g). The examination period begins when the patient
  770  arrives at the hospital and ceases when the attending physician
  771  documents that the patient has an emergency medical condition.
  772  If the patient is examined at a hospital providing emergency
  773  medical services by a professional qualified to perform an
  774  involuntary examination and is found as a result of that
  775  examination not to meet the criteria for involuntary outpatient
  776  services pursuant to s. 394.4655 s. 394.4655(2) or involuntary
  777  inpatient placement pursuant to s. 394.467(1), the patient may
  778  be offered voluntary services or placement, if appropriate, or
  779  released directly from the hospital providing emergency medical
  780  services. The finding by the professional that the patient has
  781  been examined and does not meet the criteria for involuntary
  782  inpatient services or involuntary outpatient placement must be
  783  entered into the patient’s clinical record. This paragraph is
  784  not intended to prevent a hospital providing emergency medical
  785  services from appropriately transferring a patient to another
  786  hospital before stabilization if the requirements of s.
  787  395.1041(3)(c) have been met.
  788         (5)UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND
  789  TREATMENT; PENALTIES.—
  790         (a)Knowingly furnishing false information for the purpose
  791  of obtaining emergency or other involuntary admission for any
  792  person is a misdemeanor of the first degree, punishable as
  793  provided in s. 775.082 and by a fine not exceeding $5,000.
  794         (b)Causing or otherwise securing, conspiring with or
  795  assisting another to cause or secure, without reason for
  796  believing a person to be impaired, any emergency or other
  797  involuntary procedure for the person is a misdemeanor of the
  798  first degree, punishable as provided in s. 775.082 and by a fine
  799  not exceeding $5,000.
  800         (c)Causing, or conspiring with or assisting another to
  801  cause, the denial to any person of any right accorded pursuant
  802  to this chapter is a misdemeanor of the first degree, punishable
  803  as provided in s. 775.082 by a fine not exceeding $5,000.
  804         Section 10. Section 394.4655, Florida Statutes, is amended
  805  to read:
  806         (Substantial rewording of section. See
  807         s. 394.4655, F.S., for present text.)
  808         394.4655Involuntary outpatient services.—
  809         (1)(a)The court may order a respondent into outpatient
  810  treatment for up to 6 months if, during a hearing under s.
  811  394.467, it is established that the respondent meets involuntary
  812  placement criteria and:
  813         1.Has been jailed or incarcerated, has been involuntarily
  814  admitted to a receiving or treatment facility as defined in s.
  815  394.455, or has received mental health services in a forensic or
  816  correctional facility at least twice during the last 36 months;
  817         2.The outpatient treatment is provided in the county in
  818  which the respondent resides or, if being placed from a state
  819  treatment facility, will reside; and
  820         3.The respondent’s treating physician certifies, within a
  821  reasonable degree of medical probability, that the respondent:
  822         a.Can be appropriately treated on an outpatient basis; and
  823         b.Can follow a prescribed treatment plan.
  824         (b)For the duration of his or her treatment, the
  825  respondent must be supported by a social worker or case manager
  826  of the outpatient provider, or a willing, able, and responsible
  827  individual appointed by the court who must inform the court,
  828  state attorney, and public defender of any failure by the
  829  respondent to comply with his or her outpatient program.
  830         (2)The court shall retain jurisdiction over the case and
  831  parties for the entry of such further orders after a hearing, as
  832  the circumstances may require. Such jurisdiction includes, but
  833  is not limited to, ordering inpatient treatment to stabilize a
  834  respondent who decompensates during his or her up to 6-month
  835  period of court-ordered treatment and meets the commitment
  836  criteria of s. 394.467.
  837         (3)A criminal county court exercising its original
  838  jurisdiction in a misdemeanor case under s. 34.01 may order a
  839  person who meets the commitment criteria into involuntary
  840  outpatient services.
  841         Section 11. Subsections (1) and (5) and paragraphs (a),
  842  (b), and (c) of subsection (6) of section 394.467, Florida
  843  Statutes, are amended to read:
  844         394.467 Involuntary inpatient placement.—
  845         (1) CRITERIA.—A person may be ordered for involuntary
  846  inpatient placement for treatment upon a finding of the court by
  847  clear and convincing evidence that:
  848         (a) He or she has a mental illness and because of his or
  849  her mental illness:
  850         1.a. He or she has refused voluntary inpatient placement
  851  for treatment after sufficient and conscientious explanation and
  852  disclosure of the purpose of inpatient placement for treatment;
  853  or
  854         b. He or she is unable to determine for himself or herself
  855  whether inpatient placement is necessary; and
  856         2.a. He or she is incapable of surviving alone or with the
  857  help of willing, able, and responsible family or friends,
  858  including available alternative services, and, without
  859  treatment, is likely to suffer from neglect or refuse to care
  860  for himself or herself, and such neglect or refusal poses a real
  861  and present threat of substantial harm to his or her well-being;
  862  or
  863         b. There is substantial likelihood that in the near future
  864  and without services he or she will inflict serious bodily harm
  865  to on self or others, as evidenced by acts, omissions, or recent
  866  behavior causing, attempting, or threatening such harm, which
  867  includes, but is not limited to, significant property damage;
  868  and
  869         (b) All available less restrictive treatment alternatives
  870  that would offer an opportunity for improvement of his or her
  871  condition have been judged to be inappropriate.
  872         (5) CONTINUANCE OF HEARING.—The patient and the state are
  873  independently entitled is entitled, with the concurrence of the
  874  patient’s counsel, to at least one continuance of the hearing.
  875  The patient’s continuance may be for a period of for up to 4
  876  weeks and requires the concurrence of his or her counsel. The
  877  state’s continuance may be for a period of up to 5 court working
  878  days and requires a showing of good cause and due diligence by
  879  the state before requesting the continuance. The state’s failure
  880  to timely review any readily available document or failure to
  881  attempt to contact a known witness does not warrant a
  882  continuance.
  883         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
  884         (a)1. The court shall hold the hearing on involuntary
  885  inpatient placement within 5 court working days, unless a
  886  continuance is granted.
  887         2. Except for good cause documented in the court file, the
  888  hearing must be held in the county or the facility, as
  889  appropriate, where the patient is located, must be as convenient
  890  to the patient as is consistent with orderly procedure, and
  891  shall be conducted in physical settings not likely to be
  892  injurious to the patient’s condition. If the court finds that
  893  the patient’s attendance at the hearing is not consistent with
  894  the best interests of, or is likely to be injurious to, the
  895  patient, or the patient knowingly, intelligently, and
  896  voluntarily waives his or her right to be present, and the
  897  patient’s counsel does not object, the court may waive the
  898  presence of the patient from all or any portion of the hearing.
  899  Absent a showing of good cause, such as specific symptoms of the
  900  respondent’s condition, the court may permit all witnesses,
  901  including, but not limited to, any medical professionals or
  902  personnel who are or have been involved with the patient’s
  903  treatment, to remotely attend and testify at the hearing under
  904  oath via the most appropriate and convenient technological
  905  method of communication available to the court, including, but
  906  not limited to, teleconference. Any witness intending to
  907  remotely attend and testify at the hearing must provide the
  908  parties with all relevant documents in advance of the hearing.
  909  The state attorney for the circuit in which the patient is
  910  located shall represent the state, rather than the petitioning
  911  facility administrator, as the real party in interest in the
  912  proceeding. In order to evaluate and prepare its case before the
  913  hearing, the state attorney may access, by subpoena if
  914  necessary, the patient, witnesses, and all relevant records.
  915  Such records include, but are not limited to, any social media,
  916  school records, clinical files, and reports documenting contact
  917  the patient may have had with law enforcement officers or other
  918  state agencies. However, these records shall remain
  919  confidential, and the state attorney may not use any records
  920  obtained under this part for criminal investigation or
  921  prosecution purposes, or for any purpose other than the
  922  patient’s civil commitment under this chapter.
  923         3. The court may appoint a magistrate to preside at the
  924  hearing on the petition and any ancillary proceedings thereto,
  925  which include, but are not limited to, writs of habeas corpus
  926  issued pursuant to s. 394.459(8). One of the professionals who
  927  executed the petition for involuntary inpatient placement
  928  certificate shall be a witness. The patient and the patient’s
  929  guardian or representative shall be informed by the court of the
  930  right to an independent expert examination. If the patient
  931  cannot afford such an examination, the court shall ensure that
  932  one is provided, as otherwise provided for by law. The
  933  independent expert’s report is confidential and not
  934  discoverable, unless the expert is to be called as a witness for
  935  the patient at the hearing. The testimony in the hearing must be
  936  given under oath, and the proceedings must be recorded. The
  937  patient may refuse to testify at the hearing.
  938         (b) If the court concludes that the patient meets the
  939  criteria for involuntary inpatient placement, it may order that
  940  the patient be transferred to a treatment facility or, if the
  941  patient is at a treatment facility, that the patient be retained
  942  there or be treated at any other appropriate facility, or that
  943  the patient receive services, on an involuntary basis, for up to
  944  90 days. However, any order for involuntary mental health
  945  services in a treatment facility may be for up to 6 months. The
  946  order shall specify the nature and extent of the patient’s
  947  mental illness and, unless the patient has transferred to a
  948  voluntary status, the facility must discharge the patient at any
  949  time he or she no longer meets the criteria for involuntary
  950  inpatient treatment. The court may not order an individual with
  951  a developmental disability as defined in s. 393.063, traumatic
  952  brain injury, or dementia who lacks a co-occurring mental
  953  illness to be involuntarily placed in a state treatment
  954  facility. Such individuals must be referred to the Agency for
  955  Persons with Disabilities or the Department of Elderly Affairs
  956  for further evaluation and the provision of appropriate services
  957  for their individual needs. In addition, if it reasonably
  958  appears that the individual would be found incapacitated under
  959  chapter 744 and the individual does not already have a legal
  960  guardian, the facility must inform any known next of kin and
  961  initiate guardianship proceedings. The facility may hold the
  962  individual until the petition to appoint a guardian is heard by
  963  the court and placement is secured. The facility shall discharge
  964  a patient any time the patient no longer meets the criteria for
  965  involuntary inpatient placement, unless the patient has
  966  transferred to voluntary status.
  967         (c) If at any time before the conclusion of the involuntary
  968  placement hearing on involuntary inpatient placement it appears
  969  to the court that the person does not meet the criteria of for
  970  involuntary inpatient placement under this section, but instead
  971  meets the criteria for involuntary outpatient services, the
  972  court may order the person evaluated for involuntary outpatient
  973  services pursuant to s. 394.4655. The petition and hearing
  974  procedures set forth in s. 394.4655 shall apply. If the person
  975  instead meets the criteria for involuntary assessment,
  976  protective custody, or involuntary admission or treatment
  977  pursuant to s. 397.675, then the court may order the person to
  978  be admitted for involuntary assessment for a period of 5 days
  979  pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings
  980  are governed by chapter 397.
  981         Section 12. Subsection (3) and paragraph (e) of subsection
  982  (6) of section 394.495, Florida Statutes, are amended to read:
  983         394.495 Child and adolescent mental health system of care;
  984  programs and services.—
  985         (3) Assessments must be performed by:
  986         (a) A clinical psychologist, clinical social worker,
  987  physician, psychiatric nurse, or psychiatrist as those terms are
  988  defined in s. 394.455 professional as defined in s. 394.455(5),
  989  (7), (32), (35), or (36);
  990         (b) A professional licensed under chapter 491; or
  991         (c) A person who is under the direct supervision of a
  992  clinical psychologist, clinical social worker, physician,
  993  psychiatric nurse, or psychiatrist as those terms are defined in
  994  s. 394.455 qualified professional as defined in s. 394.455(5),
  995  (7), (32), (35), or (36) or a professional licensed under
  996  chapter 491.
  997         (6) The department shall contract for community action
  998  treatment teams throughout the state with the managing entities.
  999  A community action treatment team shall:
 1000         (e)1. Subject to appropriations and at a minimum,
 1001  individually serve each of the following counties or regions:
 1002         a. Alachua.
 1003         b. Alachua, Columbia, Dixie, Hamilton, Lafayette, and
 1004  Suwannee.
 1005         c. Bay.
 1006         d. Brevard.
 1007         e.Charlotte.
 1008         f.e. Collier.
 1009         g.f. DeSoto and Sarasota.
 1010         h.g. Duval.
 1011         i.h. Escambia.
 1012         j.i. Hardee, Highlands, and Polk.
 1013         k.j. Hillsborough.
 1014         l.k. Indian River, Martin, Okeechobee, and St. Lucie.
 1015         m.l. Lake and Sumter.
 1016         n.m. Lee.
 1017         o.Leon.
 1018         p.n. Manatee.
 1019         q.o. Marion.
 1020         r.p. Miami-Dade.
 1021         s.q. Okaloosa.
 1022         t.r. Orange.
 1023         u.s. Palm Beach.
 1024         v.t. Pasco.
 1025         w.u. Pinellas.
 1026         x.v. Walton.
 1027         2. Subject to appropriations, the department shall contract
 1028  for additional teams through the managing entities to ensure the
 1029  availability of community action treatment team services in the
 1030  remaining areas of the state.
 1031         Section 13. Subsection (5) of section 394.496, Florida
 1032  Statutes, is amended to read:
 1033         394.496 Service planning.—
 1034         (5) A clinical psychologist, clinical social worker,
 1035  physician, psychiatric nurse, or psychiatrist as those terms are
 1036  defined in s. 394.455 professional as defined in s. 394.455(5),
 1037  (7), (32), (35), or (36) or a professional licensed under
 1038  chapter 491 must be included among those persons developing the
 1039  services plan.
 1040         Section 14. Paragraph (a) of subsection (2) of section
 1041  394.499, Florida Statutes, is amended to read:
 1042         394.499 Integrated children’s crisis stabilization
 1043  unit/juvenile addictions receiving facility services.—
 1044         (2) Children eligible to receive integrated children’s
 1045  crisis stabilization unit/juvenile addictions receiving facility
 1046  services include:
 1047         (a) A person under 18 years of age for whom voluntary
 1048  application is made by his or her parent or legal guardian, if
 1049  such person is found to show evidence of mental illness and to
 1050  be suitable for treatment pursuant to s. 394.4625. A person
 1051  under 18 years of age may be admitted for integrated facility
 1052  services only after a hearing to verify that the consent to
 1053  admission is voluntary is conducted pursuant to s. 394.4625.
 1054         Section 15. Section 394.656, Florida Statutes, is amended
 1055  to read:
 1056         394.656 Criminal Justice, Mental Health, and Substance
 1057  Abuse Reinvestment Grant Program.—
 1058         (1) There is created within the Department of Children and
 1059  Families the Criminal Justice, Mental Health, and Substance
 1060  Abuse Reinvestment Grant Program. The purpose of the program is
 1061  to provide funding to counties which they may use to plan,
 1062  implement, or expand initiatives that increase public safety,
 1063  avert increased spending on criminal justice, and improve the
 1064  accessibility and effectiveness of treatment services for adults
 1065  and juveniles who have a mental illness, substance use abuse
 1066  disorder, or co-occurring mental health and substance use abuse
 1067  disorders and who are in, or at risk of entering, the criminal
 1068  or juvenile justice systems.
 1069         (2) The department shall establish a Criminal Justice,
 1070  Mental Health, and Substance Abuse Statewide Grant Advisory
 1071  Review Committee. The membership of the committee must reflect
 1072  the ethnic and gender diversity of the state and shall include:
 1073         (a) One representative of the Department of Children and
 1074  Families.;
 1075         (b) One representative of the Department of Corrections.;
 1076         (c) One representative of the Department of Juvenile
 1077  Justice.;
 1078         (d) One representative of the Department of Elderly
 1079  Affairs.;
 1080         (e) One representative of the Office of the State Courts
 1081  Administrator.;
 1082         (f) One representative of the Department of Veterans’
 1083  Affairs.;
 1084         (g) One representative of the Florida Sheriffs
 1085  Association.;
 1086         (h) One representative of the Florida Police Chiefs
 1087  Association.;
 1088         (i) One representative of the Florida Association of
 1089  Counties.;
 1090         (j) One representative of the Florida Behavioral Health
 1091  Alcohol and Drug Abuse Association.;
 1092         (k) One representative of the Florida Association of
 1093  Managing Entities.;
 1094         (l)One representative of the Florida Council for Community
 1095  Mental Health;
 1096         (l)(m) One representative of the National Alliance of
 1097  Mental Illness.;
 1098         (m)(n) One representative of the Florida Prosecuting
 1099  Attorneys Association.;
 1100         (n)(o) One representative of the Florida Public Defender
 1101  Association; and
 1102         (p)One administrator of an assisted living facility that
 1103  holds a limited mental health license.
 1104         (3) The committee shall serve as the advisory body to
 1105  review policy and funding issues that help reduce the impact of
 1106  persons with mental illness and substance use abuse disorders on
 1107  communities, criminal justice agencies, and the court system.
 1108  The committee shall advise the department in selecting
 1109  priorities for grants and investing awarded grant moneys.
 1110         (4) The committee must have experience in substance use and
 1111  mental health disorders, community corrections, and law
 1112  enforcement. To the extent possible, the committee shall have
 1113  expertise in grant review and grant application scoring.
 1114         (5)(a) A county, a consortium of counties, or an a not-for
 1115  profit community provider or managing entity designated by the
 1116  county planning council or committee, as described in s.
 1117  394.657, may apply for a 1-year planning grant or a 3-year
 1118  implementation or expansion grant. The purpose of the grants is
 1119  to demonstrate that investment in treatment efforts related to
 1120  mental illness, substance use abuse disorders, or co-occurring
 1121  mental health and substance use abuse disorders results in a
 1122  reduced demand on the resources of the judicial, corrections,
 1123  juvenile detention, and health and social services systems.
 1124         (b) To be eligible to receive a 1-year planning grant or a
 1125  3-year implementation or expansion grant:
 1126         1. An A county applicant must have a planning council or
 1127  committee that is in compliance with the membership requirements
 1128  set forth in this section.
 1129         2. A county planning council or committee may designate a
 1130  not-for-profit community provider, a or managing entity as
 1131  defined in s. 394.9082, the county sheriff or his or her
 1132  designee, or a local law enforcement agency to apply on behalf
 1133  of the county. The county planning council or committee must
 1134  provide must be designated by the county planning council or
 1135  committee and have written authorization to submit an
 1136  application. A not-for-profit community provider or managing
 1137  entity must have written authorization for each designated
 1138  entity and each submitted application.
 1139         (c) The department may award a 3-year implementation or
 1140  expansion grant to an applicant who has not received a 1-year
 1141  planning grant.
 1142         (d) The department may require an applicant to conduct
 1143  sequential intercept mapping for a project. For purposes of this
 1144  paragraph, the term “sequential intercept mapping” means a
 1145  process for reviewing a local community’s mental health,
 1146  substance abuse, criminal justice, and related systems and
 1147  identifying points of interceptions where interventions may be
 1148  made to prevent an individual with a substance use abuse
 1149  disorder or mental illness from deeper involvement in the
 1150  criminal justice system.
 1151         (6) The department grant review and selection committee
 1152  shall select the grant recipients in collaboration with the
 1153  Department of Corrections, the Department of Juvenile Justice,
 1154  the Department of Elderly Affairs, the Office of the State
 1155  Courts Administrator, and the Department of Veterans’ Affairs
 1156  and notify the department in writing of the recipients’ names.
 1157  Contingent upon the availability of funds and upon notification
 1158  by the grant review and selection committee of those applicants
 1159  approved to receive planning, implementation, or expansion
 1160  grants, the department may transfer funds appropriated for the
 1161  grant program to a selected grant recipient.
 1162         Section 16. Subsection (1) of section 394.657, Florida
 1163  Statutes, is amended to read:
 1164         394.657 County planning councils or committees.—
 1165         (1) Each board of county commissioners shall designate the
 1166  county public safety coordinating council established under s.
 1167  951.26, or designate another criminal or juvenile justice mental
 1168  health and substance abuse council or committee, as the planning
 1169  council or committee. The public safety coordinating council or
 1170  other designated criminal or juvenile justice mental health and
 1171  substance abuse council or committee, in coordination with the
 1172  county offices of planning and budget, shall make a formal
 1173  recommendation to the board of county commissioners regarding
 1174  how the Criminal Justice, Mental Health, and Substance Abuse
 1175  Reinvestment Grant Program may best be implemented within a
 1176  community. The board of county commissioners may assign any
 1177  entity to prepare the application on behalf of the county
 1178  administration for submission to the Criminal Justice, Mental
 1179  Health, and Substance Abuse Statewide Grant Advisory Review
 1180  Committee for review. A county may join with one or more
 1181  counties to form a consortium and use a regional public safety
 1182  coordinating council or another county-designated regional
 1183  criminal or juvenile justice mental health and substance abuse
 1184  planning council or committee for the geographic area
 1185  represented by the member counties.
 1186         Section 17. Section 394.658, Florida Statutes, is amended
 1187  to read:
 1188         394.658 Criminal Justice, Mental Health, and Substance
 1189  Abuse Reinvestment Grant Program requirements.—
 1190         (1) The Criminal Justice, Mental Health, and Substance
 1191  Abuse Statewide Grant Review Committee, in collaboration with
 1192  the department of Children and Families, in collaboration with
 1193  the Department of Corrections, the Department of Juvenile
 1194  Justice, the Department of Elderly Affairs, the Department of
 1195  Veterans’ Affairs, and the Office of the State Courts
 1196  Administrator, shall establish criteria to be used to review
 1197  submitted applications and to select a the county that will be
 1198  awarded a 1-year planning grant or a 3-year implementation or
 1199  expansion grant. A planning, implementation, or expansion grant
 1200  may not be awarded unless the application of the county meets
 1201  the established criteria.
 1202         (a) The application criteria for a 1-year planning grant
 1203  must include a requirement that the applicant county or counties
 1204  have a strategic plan to initiate systemic change to identify
 1205  and treat individuals who have a mental illness, substance use
 1206  abuse disorder, or co-occurring mental health and substance use
 1207  abuse disorders who are in, or at risk of entering, the criminal
 1208  or juvenile justice systems. The 1-year planning grant must be
 1209  used to develop effective collaboration efforts among
 1210  participants in affected governmental agencies, including the
 1211  criminal, juvenile, and civil justice systems, mental health and
 1212  substance abuse treatment service providers, transportation
 1213  programs, and housing assistance programs. The collaboration
 1214  efforts shall be the basis for developing a problem-solving
 1215  model and strategic plan for treating individuals adults and
 1216  juveniles who are in, or at risk of entering, the criminal or
 1217  juvenile justice system and doing so at the earliest point of
 1218  contact, taking into consideration public safety. The planning
 1219  grant shall include strategies to divert individuals from
 1220  judicial commitment to community-based service programs offered
 1221  by the department of Children and Families in accordance with
 1222  ss. 916.13 and 916.17.
 1223         (b) The application criteria for a 3-year implementation or
 1224  expansion grant must shall require that the applicant
 1225  information from a county that demonstrates its completion of a
 1226  well-established collaboration plan that includes public-private
 1227  partnership models and the application of evidence-based
 1228  practices. The implementation or expansion grants may support
 1229  programs and diversion initiatives that include, but need not be
 1230  limited to:
 1231         1. Mental health courts.;
 1232         2. Diversion programs.;
 1233         3. Alternative prosecution and sentencing programs.;
 1234         4. Crisis intervention teams.;
 1235         5. Treatment accountability services.;
 1236         6. Specialized training for criminal justice, juvenile
 1237  justice, and treatment services professionals.;
 1238         7. Service delivery of collateral services such as housing,
 1239  transitional housing, and supported employment.; and
 1240         8. Reentry services to create or expand mental health and
 1241  substance abuse services and supports for affected persons.
 1242         (c) Each county application must include the following
 1243  information:
 1244         1. An analysis of the current population of the jail and
 1245  juvenile detention center in the county, which includes:
 1246         a. The screening and assessment process that the county
 1247  uses to identify an adult or juvenile who has a mental illness,
 1248  substance use abuse disorder, or co-occurring mental health and
 1249  substance use abuse disorders.;
 1250         b. The percentage of each category of individuals persons
 1251  admitted to the jail and juvenile detention center that
 1252  represents people who have a mental illness, substance use abuse
 1253  disorder, or co-occurring mental health and substance use abuse
 1254  disorders.; and
 1255         c. An analysis of observed contributing factors that affect
 1256  population trends in the county jail and juvenile detention
 1257  center.
 1258         2. A description of the strategies the applicant county
 1259  intends to use to serve one or more clearly defined subsets of
 1260  the population of the jail and juvenile detention center who
 1261  have a mental illness or to serve those at risk of arrest and
 1262  incarceration. The proposed strategies may include identifying
 1263  the population designated to receive the new interventions, a
 1264  description of the services and supervision methods to be
 1265  applied to that population, and the goals and measurable
 1266  objectives of the new interventions. An applicant The
 1267  interventions a county may use with the target population may
 1268  use include, but are not limited to, the following
 1269  interventions:
 1270         a. Specialized responses by law enforcement agencies.;
 1271         b. Centralized receiving facilities for individuals
 1272  evidencing behavioral difficulties.;
 1273         c. Postbooking alternatives to incarceration.;
 1274         d. New court programs, including pretrial services and
 1275  specialized dockets.;
 1276         e. Specialized diversion programs.;
 1277         f. Intensified transition services that are directed to the
 1278  designated populations while they are in jail or juvenile
 1279  detention to facilitate their transition to the community.;
 1280         g. Specialized probation processes.;
 1281         h. Day-reporting centers.;
 1282         i. Linkages to community-based, evidence-based treatment
 1283  programs for adults and juveniles who have mental illness or
 1284  substance use abuse disorders.; and
 1285         j. Community services and programs designed to prevent
 1286  high-risk populations from becoming involved in the criminal or
 1287  juvenile justice system.
 1288         3. The projected effect the proposed initiatives will have
 1289  on the population and the budget of the jail and juvenile
 1290  detention center. The information must include:
 1291         a. An The county’s estimate of how the initiative will
 1292  reduce the expenditures associated with the incarceration of
 1293  adults and the detention of juveniles who have a mental
 1294  illness.;
 1295         b. The methodology that will be used the county intends to
 1296  use to measure the defined outcomes and the corresponding
 1297  savings or averted costs.;
 1298         c. An The county’s estimate of how the cost savings or
 1299  averted costs will sustain or expand the mental health and
 1300  substance abuse treatment services and supports needed in the
 1301  community.; and
 1302         d. How the county’s proposed initiative will reduce the
 1303  number of individuals judicially committed to a state mental
 1304  health treatment facility.
 1305         4. The proposed strategies that the county intends to use
 1306  to preserve and enhance its community mental health and
 1307  substance abuse system, which serves as the local behavioral
 1308  health safety net for low-income and uninsured individuals.
 1309         5. The proposed strategies that the county intends to use
 1310  to continue the implemented or expanded programs and initiatives
 1311  that have resulted from the grant funding.
 1312         (2)(a) As used in this subsection, the term “available
 1313  resources” includes in-kind contributions from participating
 1314  counties.
 1315         (b) A 1-year planning grant may not be awarded unless the
 1316  applicant county makes available resources in an amount equal to
 1317  the total amount of the grant. A planning grant may not be used
 1318  to supplant funding for existing programs. For fiscally
 1319  constrained counties, the available resources may be at 50
 1320  percent of the total amount of the grant.
 1321         (c) A 3-year implementation or expansion grant may not be
 1322  awarded unless the applicant county or consortium of counties
 1323  makes available resources equal to the total amount of the
 1324  grant. For fiscally constrained counties, the available
 1325  resources may be at 50 percent of the total amount of the grant.
 1326  This match shall be used for expansion of services and may not
 1327  supplant existing funds for services. An implementation or
 1328  expansion grant must support the implementation of new services
 1329  or the expansion of services and may not be used to supplant
 1330  existing services.
 1331         (3) Using the criteria adopted by rule, the county
 1332  designated or established criminal justice, juvenile justice,
 1333  mental health, and substance abuse planning council or committee
 1334  shall prepare the county or counties’ application for the 1-year
 1335  planning or 3-year implementation or expansion grant. The county
 1336  shall submit the completed application to the department
 1337  statewide grant review committee.
 1338         Section 18. Section 394.674, Florida Statutes, is amended
 1339  to read:
 1340         394.674 Eligibility for publicly funded substance abuse and
 1341  mental health services; fee collection requirements.—
 1342         (1) To be eligible to receive substance abuse and mental
 1343  health services funded by the department, an individual must be
 1344  indigent, uninsured, or underinsured and meet at least one of
 1345  the following additional criteria a member of at least one of
 1346  the department’s priority populations approved by the
 1347  Legislature. The priority populations include:
 1348         (a) For adult mental health services, an individual must
 1349  be:
 1350         1. An adult who has a serious mental illness, as defined by
 1351  the department using criteria that, at a minimum, include
 1352  diagnosis, prognosis, functional impairment, and receipt of
 1353  disability income for a psychiatric condition.
 1354         2.An adult at risk of serious mental illness who:
 1355         a.Has a mental illness that is not considered a serious
 1356  mental illness, as defined by the department using criteria
 1357  that, at a minimum, include diagnosis and functional impairment;
 1358         b.Has a condition with a Z-code diagnosis code; or
 1359         c.Experiences a severe stressful event and has problems
 1360  coping or has symptoms that place the individual at risk of more
 1361  restrictive interventions.
 1362         3.A child or adolescent at risk of emotional disturbance
 1363  as defined in s. 394.492.
 1364         4. A child or adolescent who has an emotional disturbance
 1365  as defined in s. 394.492.
 1366         5.A child or adolescent who has a serious emotional
 1367  disturbance or mental illness as defined in s. 394.492.
 1368         6.An individual who has a primary diagnosis of mental
 1369  illness and a co-occurring substance use disorder.
 1370         7.An individual who is experiencing an acute mental or
 1371  emotional crisis as defined in s. 394.67.
 1372         Adults who have severe and persistent mental illness, as
 1373  designated by the department using criteria that include
 1374  severity of diagnosis, duration of the mental illness, ability
 1375  to independently perform activities of daily living, and receipt
 1376  of disability income for a psychiatric condition. Included
 1377  within this group are:
 1378         a.Older adults in crisis.
 1379         b.Older adults who are at risk of being placed in a more
 1380  restrictive environment because of their mental illness.
 1381         c.Persons deemed incompetent to proceed or not guilty by
 1382  reason of insanity under chapter 916.
 1383         d.Other persons involved in the criminal justice system.
 1384         e.Persons diagnosed as having co-occurring mental illness
 1385  and substance abuse disorders.
 1386         2.Persons who are experiencing an acute mental or
 1387  emotional crisis as defined in s. 394.67(17).
 1388         (b) For substance abuse services, an individual must
 1389  children’s mental health services:
 1390         1.Have a diagnosed substance use disorder.
 1391         2.Have a diagnosed substance use disorder as the primary
 1392  diagnosis and a co-occurring mental illness, emotional
 1393  disturbance, or serious emotional disturbance.
 1394         3.Be at risk for alcohol misuse, drug use, or developing a
 1395  substance use disorder.
 1396         (2)Providers receiving funds from the department for
 1397  behavioral health services must give priority to:
 1398         (a)Pregnant women and women with dependent children.
 1399         (b)Intravenous drug users.
 1400         (c)Individuals who have a substance use disorder and have
 1401  been ordered by the court to receive treatment.
 1402         (d)Parents, legal guardians, or caregivers with child
 1403  welfare involvement and parents, legal guardians, or caregivers
 1404  who put children at risk due to substance abuse.
 1405         (e)Children and adolescents under state supervision.
 1406         (f)Individuals involved in the criminal justice system,
 1407  including those deemed incompetent to proceed or not guilty by
 1408  reason of insanity under chapter 916.
 1409         1.Children who are at risk of emotional disturbance as
 1410  defined in s. 394.492(4).
 1411         2.Children who have an emotional disturbance as defined in
 1412  s. 394.492(5).
 1413         3.Children who have a serious emotional disturbance as
 1414  defined in s. 394.492(6).
 1415         4.Children diagnosed as having a co-occurring substance
 1416  abuse and emotional disturbance or serious emotional
 1417  disturbance.
 1418         (c)For substance abuse treatment services:
 1419         1.Adults who have substance abuse disorders and a history
 1420  of intravenous drug use.
 1421         2.Persons diagnosed as having co-occurring substance abuse
 1422  and mental health disorders.
 1423         3.Parents who put children at risk due to a substance
 1424  abuse disorder.
 1425         4.Persons who have a substance abuse disorder and have
 1426  been ordered by the court to receive treatment.
 1427         5.Children at risk for initiating drug use.
 1428         6.Children under state supervision.
 1429         7.Children who have a substance abuse disorder but who are
 1430  not under the supervision of a court or in the custody of a
 1431  state agency.
 1432         8.Persons identified as being part of a priority
 1433  population as a condition for receiving services funded through
 1434  the Center for Mental Health Services and Substance Abuse
 1435  Prevention and Treatment Block Grants.
 1436         (3)(2) Crisis services, as defined in s. 394.67, must,
 1437  within the limitations of available state and local matching
 1438  resources, be available to each individual person who is
 1439  eligible for services under subsection (1), regardless of the
 1440  individual’s person’s ability to pay for such services. An
 1441  individual A person who is experiencing a mental health crisis
 1442  and who does not meet the criteria for involuntary examination
 1443  under s. 394.463(1), or an individual a person who is
 1444  experiencing a substance abuse crisis and who does not meet the
 1445  involuntary admission criteria in s. 397.675, must contribute to
 1446  the cost of his or her care and treatment pursuant to the
 1447  sliding fee scale developed under subsection (5)(4), unless
 1448  charging a fee is contraindicated because of the crisis
 1449  situation.
 1450         (4)(3) Mental health services, substance abuse services,
 1451  and crisis services, as defined in s. 394.67, must, within the
 1452  limitations of available state and local matching resources, be
 1453  available to each individual person who is eligible for services
 1454  under subsection (1). Such individual person must contribute to
 1455  the cost of his or her care and treatment pursuant to the
 1456  sliding fee scale developed under subsection (5)(4).
 1457         (5)(4) The department shall adopt rules to implement client
 1458  eligibility, client enrollment, and fee collection requirements
 1459  for publicly funded substance abuse and mental health services.
 1460         (a) The rules must require each provider under contract
 1461  with the department or managing entity that which enrolls
 1462  eligible individuals persons into treatment to develop a sliding
 1463  fee scale for individuals persons who have a net family income
 1464  at or above 150 percent of the Federal Poverty Income
 1465  Guidelines, unless otherwise required by state or federal law.
 1466  The sliding fee scale must use the uniform schedule of discounts
 1467  by which a provider under contract with the department or
 1468  managing entity discounts its established client charges for
 1469  services supported with state, federal, or local funds, using,
 1470  at a minimum, factors such as family income, financial assets,
 1471  and family size as declared by the individual person or the
 1472  individual’s person’s guardian. The rules must include uniform
 1473  criteria to be used by all service providers in developing the
 1474  schedule of discounts for the sliding fee scale.
 1475         (b) The rules must address the most expensive types of
 1476  treatment, such as residential and inpatient treatment, in order
 1477  to make it possible for an individual a client to responsibly
 1478  contribute to his or her mental health or substance abuse care
 1479  without jeopardizing the family’s financial stability. An
 1480  individual A person who is not eligible for Medicaid and whose
 1481  net family income is less than 150 percent of the Federal
 1482  Poverty Income Guidelines must pay a portion of his or her
 1483  treatment costs which is comparable to the copayment amount
 1484  required by the Medicaid program for Medicaid clients under
 1485  pursuant to s. 409.9081.
 1486         (c) The rules must require that individuals persons who
 1487  receive financial assistance from the Federal Government because
 1488  of a disability and are in long-term residential treatment
 1489  settings contribute to their board and care costs and treatment
 1490  costs and must be consistent with the provisions in s. 409.212.
 1491         (6)(5)An individual A person who meets the eligibility
 1492  criteria in subsection (1) shall be served in accordance with
 1493  the appropriate district substance abuse and mental health
 1494  services plan specified in s. 394.75 and within available
 1495  resources.
 1496         Section 19. Subsections (2), (3), (4), and (5) of section
 1497  394.908, Florida Statutes, are amended to read:
 1498         394.908 Substance abuse and mental health funding equity;
 1499  distribution of appropriations.—In recognition of the historical
 1500  inequity in the funding of substance abuse and mental health
 1501  services for the department’s districts and regions and to
 1502  rectify this inequity and provide for equitable funding in the
 1503  future throughout the state, the following funding process shall
 1504  be used:
 1505         (2) “Individuals in need” means those persons who meet the
 1506  eligibility requirements under s. 394.674 fit the profile of the
 1507  respective priority populations and require mental health or
 1508  substance abuse services.
 1509         (3) Any additional funding beyond the 2005-2006 fiscal year
 1510  base appropriation for substance abuse alcohol, drug abuse, and
 1511  mental health services shall be allocated to districts for
 1512  substance abuse and mental health services based on:
 1513         (a) Epidemiological estimates of disabilities that apply to
 1514  eligible individuals the respective priority populations.
 1515         (b) A pro rata share distribution that ensures districts
 1516  below the statewide average funding level per individual in need
 1517  each priority population of “individuals in need” receive
 1518  funding necessary to achieve equity.
 1519         (4) Priority populations for Individuals in need shall be
 1520  displayed for each district and distributed concurrently with
 1521  the approved operating budget. The display by priority
 1522  population shall show: The annual number of individuals served
 1523  based on prior year actual numbers, the annual cost per
 1524  individual served, and the estimated number of the total
 1525  priority population for individuals in need.
 1526         (5) The annual cost per individual served is shall be
 1527  defined as the total actual funding for either mental health or
 1528  substance abuse services each priority population divided by the
 1529  number of individuals receiving either mental health or
 1530  substance abuse services served in the priority population for
 1531  that year.
 1532         Section 20. Subsection (6) of section 394.9085, Florida
 1533  Statutes, is amended to read:
 1534         394.9085 Behavioral provider liability.—
 1535         (6) For purposes of this section, the terms “detoxification
 1536  services,” “addictions receiving facility,” and “receiving
 1537  facility” have the same meanings as those provided in ss.
 1538  397.311(26)(a)4., 397.311(26)(a)1., and 394.455 394.455(39),
 1539  respectively.
 1540         Section 21. Subsection (3) of section 397.305, Florida
 1541  Statutes, is amended to read:
 1542         397.305 Legislative findings, intent, and purpose.—
 1543         (3) It is the purpose of this chapter to provide for a
 1544  comprehensive continuum of accessible and quality substance
 1545  abuse prevention, intervention, clinical treatment, and recovery
 1546  support services in the most appropriate and least restrictive
 1547  environment which promotes long-term recovery while protecting
 1548  and respecting the rights of individuals, primarily through
 1549  community-based private not-for-profit providers working with
 1550  local governmental programs involving a wide range of agencies
 1551  from both the public and private sectors.
 1552         Section 22. Present subsections (29) through (36) and (37)
 1553  through (50) of section 397.311, Florida Statutes, are
 1554  redesignated as subsections (30) through (37) and (39) through
 1555  (52), respectively, new subsections (29) and (38) are added to
 1556  that section, and subsections (19) and (23) are amended, to
 1557  read:
 1558         397.311 Definitions.—As used in this chapter, except part
 1559  VIII, the term:
 1560         (19) “Impaired” or “substance abuse impaired” means having
 1561  a substance use disorder or a condition involving the use of
 1562  alcoholic beverages, illicit or prescription drugs, or any
 1563  psychoactive or mood-altering substance in such a manner as to
 1564  induce mental, emotional, or physical problems or and cause
 1565  socially dysfunctional behavior.
 1566         (23) “Involuntary treatment services” means an array of
 1567  behavioral health services that may be ordered by the court for
 1568  persons with substance abuse impairment or co-occurring
 1569  substance abuse impairment and mental health disorders.
 1570         (29)“Neglect or refuse to care for himself or herself”
 1571  includes, but is not limited to, evidence that a person:
 1572         (a)Is unable to satisfy basic needs for nourishment,
 1573  clothing, medical care, shelter, or safety in a manner that
 1574  creates a substantial probability of imminent death, serious
 1575  physical debilitation, or disease; or
 1576         (b)Is substantially unable to make an informed treatment
 1577  choice and needs care or treatment to prevent deterioration.
 1578         (38)“Real and present threat of substantial harm”
 1579  includes, but is not limited to, evidence of a substantial
 1580  probability that the untreated person will:
 1581         (a)Lack, refuse, or not receive services for health and
 1582  safety that are actually available in the community; or
 1583         (b)Suffer severe mental, emotional, or physical harm that
 1584  will result in the loss of ability to function in the community
 1585  or the loss of cognitive or volitional control over thoughts or
 1586  actions.
 1587         Section 23. Subsection (16) of section 397.321, Florida
 1588  Statutes, is amended to read:
 1589         397.321 Duties of the department.—The department shall:
 1590         (16)Develop a certification process by rule for community
 1591  substance abuse prevention coalitions.
 1592         Section 24. Section 397.416, Florida Statutes, is amended
 1593  to read:
 1594         397.416 Substance abuse treatment services; qualified
 1595  professional.—Notwithstanding any other provision of law, a
 1596  person who was certified through a certification process
 1597  recognized by the former Department of Health and Rehabilitative
 1598  Services before January 1, 1995, may perform the duties of a
 1599  qualified professional with respect to substance abuse treatment
 1600  services as defined in this chapter, and need not meet the
 1601  certification requirements contained in s. 397.311(36) s.
 1602  397.311(35).
 1603         Section 25. Subsection (11) is added to section 397.501,
 1604  Florida Statutes, to read:
 1605         397.501 Rights of individuals.—Individuals receiving
 1606  substance abuse services from any service provider are
 1607  guaranteed protection of the rights specified in this section,
 1608  unless otherwise expressly provided, and service providers must
 1609  ensure the protection of such rights.
 1610         (11)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a
 1611  respondent with a serious substance abuse addiction must be
 1612  informed of the essential elements of recovery and provided
 1613  assistance with accessing a continuum of care regimen. The
 1614  department may adopt rules specifying the services that may be
 1615  provided to such respondents.
 1616         Section 26. Section 397.675, Florida Statutes, is amended
 1617  to read:
 1618         397.675 Criteria for involuntary admissions, including
 1619  protective custody, emergency admission, and other involuntary
 1620  assessment, involuntary treatment, and alternative involuntary
 1621  assessment for minors, for purposes of assessment and
 1622  stabilization, and for involuntary treatment.—A person meets the
 1623  criteria for involuntary admission if there is good faith reason
 1624  to believe that the person is substance abuse impaired, has a
 1625  substance use disorder, or has a substance use disorder and a
 1626  co-occurring mental health disorder and, because of such
 1627  impairment or disorder:
 1628         (1) Has lost the power of self-control with respect to
 1629  substance abuse, or has a history of noncompliance with
 1630  substance abuse treatment with continued substance use; and
 1631         (2)(a) Is in need of substance abuse services and, by
 1632  reason of substance abuse impairment, his or her judgment has
 1633  been so impaired that he or she is refusing voluntary care after
 1634  a sufficient and conscientious explanation and disclosure of the
 1635  purpose for such services, or is incapable of appreciating his
 1636  or her need for such services and of making a rational decision
 1637  in that regard, although mere refusal to receive such services
 1638  does not constitute evidence of lack of judgment with respect to
 1639  his or her need for such services; and or
 1640         (3)(a)(b) Without care or treatment, is likely to suffer
 1641  from neglect or refuse to care for himself or herself; that such
 1642  neglect or refusal poses a real and present threat of
 1643  substantial harm to his or her well-being; and that it is not
 1644  apparent that such harm may be avoided through the help of
 1645  willing, able, and responsible family members or friends or the
 1646  provision of other services;, or
 1647         (b) There is substantial likelihood that in the near future
 1648  and without services, the person will inflict serious harm to
 1649  self or others, as evidenced by acts, omissions, or behavior
 1650  causing, attempting, or threatening such harm, which includes,
 1651  but is not limited to, significant property damage has
 1652  inflicted, or threatened to or attempted to inflict, or, unless
 1653  admitted, is likely to inflict, physical harm on himself,
 1654  herself, or another.
 1655         Section 27. Subsection (1) of section 397.6751, Florida
 1656  Statutes, is amended to read:
 1657         397.6751 Service provider responsibilities regarding
 1658  involuntary admissions.—
 1659         (1) It is the responsibility of the service provider to:
 1660         (a) Ensure that a person who is admitted to a licensed
 1661  service component meets the admission criteria specified in s.
 1662  397.675;
 1663         (b) Ascertain whether the medical and behavioral conditions
 1664  of the person, as presented, are beyond the safe management
 1665  capabilities of the service provider;
 1666         (c) Provide for the admission of the person to the service
 1667  component that represents the most appropriate and least
 1668  restrictive available setting that is responsive to the person’s
 1669  treatment needs;
 1670         (d) Verify that the admission of the person to the service
 1671  component does not result in a census in excess of its licensed
 1672  service capacity;
 1673         (e) Determine whether the cost of services is within the
 1674  financial means of the person or those who are financially
 1675  responsible for the person’s care; and
 1676         (f) Take all necessary measures to ensure that each
 1677  individual in treatment is provided with a safe environment, and
 1678  to ensure that each individual whose medical condition or
 1679  behavioral problem becomes such that he or she cannot be safely
 1680  managed by the service component is discharged and referred to a
 1681  more appropriate setting for care.
 1682         Section 28. Section 397.681, Florida Statutes, is amended
 1683  to read:
 1684         397.681 Involuntary petitions; general provisions; court
 1685  jurisdiction and right to counsel.—
 1686         (1) JURISDICTION.—The courts have jurisdiction of
 1687  involuntary assessment and stabilization petitions and
 1688  involuntary treatment petitions for substance abuse impaired
 1689  persons, and such petitions must be filed with the clerk of the
 1690  court in the county where the person is located. The clerk of
 1691  the court may not charge a fee for the filing of a petition
 1692  under this section. The chief judge may appoint a general or
 1693  special magistrate to preside over all or part of the
 1694  proceedings. The alleged impaired person is named as the
 1695  respondent.
 1696         (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
 1697  at every stage of a proceeding relating to a petition for his or
 1698  her involuntary assessment and a petition for his or her
 1699  involuntary treatment for substance abuse impairment. A
 1700  respondent who desires counsel and is unable to afford private
 1701  counsel has the right to court-appointed counsel and to the
 1702  benefits of s. 57.081. If the court believes that the respondent
 1703  needs the assistance of counsel, the court shall appoint such
 1704  counsel for the respondent without regard to the respondent’s
 1705  wishes. If the respondent is a minor not otherwise represented
 1706  in the proceeding, the court shall immediately appoint a
 1707  guardian ad litem to act on the minor’s behalf.
 1708         (3)STATE REPRESENTATIVE.—Subject to legislative
 1709  appropriation, for all court-involved involuntary proceedings
 1710  under this chapter in which the petitioner has not retained
 1711  private counsel, the state attorney for the circuit in which the
 1712  respondent is located shall represent the state rather than the
 1713  petitioner as the real party of interest in the proceeding, but
 1714  the state attorney must be respectful of the petitioner’s
 1715  interests and concerns. In order to evaluate and prepare its
 1716  case before the hearing, the state attorney may access, by
 1717  subpoena if necessary, the respondent, the witnesses, and all
 1718  relevant records. Such records include, but are not limited to,
 1719  any social media, school records, clinical files, and reports
 1720  documenting contact the respondent may have had with law
 1721  enforcement officers or other state agencies. However, these
 1722  records shall remain confidential, and the petitioner may not
 1723  access any records obtained by the state attorney unless such
 1724  records are entered into the court file. In addition, the state
 1725  attorney may not use any records obtained under this part for
 1726  criminal investigation or prosecution purposes, or for any
 1727  purpose other than the respondent’s civil commitment under this
 1728  chapter.
 1729         Section 29. Section 397.6811, Florida Statutes, is
 1730  repealed.
 1731         Section 30. Section 397.6814, Florida Statutes, is
 1732  repealed.
 1733         Section 31. Section 397.6815, Florida Statutes, is
 1734  repealed.
 1735         Section 32. Section 397.6818, Florida Statutes, is
 1736  repealed.
 1737         Section 33. Section 397.6819, Florida Statutes, is
 1738  repealed.
 1739         Section 34. Section 397.6821, Florida Statutes, is
 1740  repealed.
 1741         Section 35. Section 397.6822, Florida Statutes, is
 1742  repealed.
 1743         Section 36. Section 397.693, Florida Statutes, is amended
 1744  to read:
 1745         397.693 Involuntary treatment.—A person may be the subject
 1746  of a petition for court-ordered involuntary treatment pursuant
 1747  to this part, if that person:
 1748         (1)Reasonably appears to meet meets the criteria for
 1749  involuntary admission provided in s. 397.675; and:
 1750         (2)(1) Has been placed under protective custody pursuant to
 1751  s. 397.677 within the previous 10 days;
 1752         (3)(2) Has been subject to an emergency admission pursuant
 1753  to s. 397.679 within the previous 10 days; or
 1754         (4)(3) Has been assessed by a qualified professional within
 1755  30 5 days;
 1756         (4)Has been subject to involuntary assessment and
 1757  stabilization pursuant to s. 397.6818 within the previous 12
 1758  days; or
 1759         (5)Has been subject to alternative involuntary admission
 1760  pursuant to s. 397.6822 within the previous 12 days.
 1761         Section 37. Section 397.695, Florida Statutes, is amended
 1762  to read:
 1763         397.695 Involuntary treatment services; persons who may
 1764  petition.—
 1765         (1) If the respondent is an adult, a petition for
 1766  involuntary treatment services may be filed by the respondent’s
 1767  spouse or legal guardian, any relative, a service provider, or
 1768  an adult who has direct personal knowledge of the respondent’s
 1769  substance abuse impairment and his or her prior course of
 1770  assessment and treatment.
 1771         (2) If the respondent is a minor, a petition for
 1772  involuntary treatment may be filed by a parent, legal guardian,
 1773  or service provider.
 1774         (3)The court or the clerk of the court may waive or
 1775  prohibit any service of process fees if a petitioner is
 1776  determined to be indigent under s. 57.082.
 1777         Section 38. Section 397.6951, Florida Statutes, is amended
 1778  to read:
 1779         397.6951 Contents of petition for involuntary treatment
 1780  services.—
 1781         (1) A petition for involuntary treatment services must
 1782  contain the name of the respondent; the name of the petitioner
 1783  or petitioners; the relationship between the respondent and the
 1784  petitioner; the name of the respondent’s attorney, if known; the
 1785  findings and recommendations of the assessment performed by the
 1786  qualified professional; and the factual allegations presented by
 1787  the petitioner establishing the need for involuntary outpatient
 1788  services for substance abuse impairment. The factual allegations
 1789  must demonstrate the reason for the petitioner’s belief that the
 1790  respondent:
 1791         (1)The reason for the petitioner’s belief that the
 1792  respondent is substance abuse impaired;
 1793         (a)(2)The reason for the petitioner’s belief that because
 1794  of such impairment the respondent Has lost the power of self
 1795  control with respect to substance abuse, or has a history of
 1796  noncompliance with substance abuse treatment with continued
 1797  substance use; and
 1798         (b)Needs substance abuse services, but his or her judgment
 1799  is so impaired by substance abuse that he or she either is
 1800  refusing voluntary care after a sufficient and conscientious
 1801  explanation and disclosure of the purpose of such services, or
 1802  is incapable of appreciating his or her need for such services
 1803  and of making a rational decision in that regard; and
 1804         (c)1.Without services, is likely to suffer from neglect or
 1805  refuse to care for himself or herself; that the neglect or
 1806  refusal poses a real and present threat of substantial harm to
 1807  his or her well-being; and that it is not apparent that the harm
 1808  may be avoided through the help of willing, able, and
 1809  responsible family members or friends or the provision of other
 1810  services; or
 1811         2.There is a substantial likelihood that in the near
 1812  future and without services, the respondent will inflict serious
 1813  harm to self or others, as evidenced by acts, omissions, or
 1814  behavior causing, attempting, or threatening such harm, which
 1815  includes, but is not limited to, significant property damage
 1816         (3)(a)The reason the petitioner believes that the
 1817  respondent has inflicted or is likely to inflict physical harm
 1818  on himself or herself or others unless the court orders the
 1819  involuntary services; or
 1820         (b)The reason the petitioner believes that the
 1821  respondent’s refusal to voluntarily receive care is based on
 1822  judgment so impaired by reason of substance abuse that the
 1823  respondent is incapable of appreciating his or her need for care
 1824  and of making a rational decision regarding that need for care.
 1825         (2)The petition may be accompanied by a certificate or
 1826  report of a qualified professional or a licensed physician who
 1827  has examined the respondent within 30 days before the petition’s
 1828  submission. This certificate or report must include the
 1829  qualified professional or physician’s findings relating to his
 1830  or her assessment of the patient and his or her treatment
 1831  recommendations. If the respondent was not assessed before the
 1832  filing of a treatment petition or refused to submit to an
 1833  evaluation, the lack of assessment or refusal must be noted in
 1834  the petition.
 1835         (3)If there is an emergency, the petition must also
 1836  describe the respondent’s exigent circumstances and include a
 1837  request for an ex parte assessment and stabilization order that
 1838  must be executed pursuant to s. 397.6955(4).
 1839         Section 39. Section 397.6955, Florida Statutes, is amended
 1840  to read:
 1841         397.6955 Duties of court upon filing of petition for
 1842  involuntary treatment services.—
 1843         (1) Upon the filing of a petition for involuntary treatment
 1844  services for a substance abuse impaired person with the clerk of
 1845  the court that does not indicate the petitioner has retained
 1846  private counsel, the clerk must notify the state attorney’s
 1847  office. In addition, the court shall immediately determine
 1848  whether the respondent is represented by an attorney or whether
 1849  the appointment of counsel for the respondent is appropriate.
 1850  If, based on the contents of the petition, the court appoints
 1851  counsel for the person, the clerk of the court shall immediately
 1852  notify the office of criminal conflict and civil regional
 1853  counsel, created pursuant to s. 27.511, of the appointment. The
 1854  office of criminal conflict and civil regional counsel shall
 1855  represent the person until the petition is dismissed, the court
 1856  order expires, or the person is discharged from involuntary
 1857  treatment services. An attorney that represents the person named
 1858  in the petition shall have access to the person, witnesses, and
 1859  records relevant to the presentation of the person’s case and
 1860  shall represent the interests of the person, regardless of the
 1861  source of payment to the attorney.
 1862         (2) The court shall schedule a hearing to be held on the
 1863  petition within 10 court working 5 days unless a continuance is
 1864  granted. The court may appoint a magistrate to preside at the
 1865  hearing.
 1866         (3) A copy of the petition and notice of the hearing must
 1867  be provided to the respondent; the respondent’s parent,
 1868  guardian, or legal custodian, in the case of a minor; the
 1869  respondent’s attorney, if known; the petitioner; the
 1870  respondent’s spouse or guardian, if applicable; and such other
 1871  persons as the court may direct. If the respondent is a minor, a
 1872  copy of the petition and notice of the hearing must be
 1873  personally delivered to the respondent. The court shall also
 1874  issue a summons to the person whose admission is sought.
 1875         (4)(a)When the petitioner asserts that emergency
 1876  circumstances exist, or when upon review of the petition the
 1877  court determines that an emergency exists, the court may rely
 1878  solely on the contents of the petition and, without the
 1879  appointment of an attorney, enter an ex parte order for the
 1880  respondent’s involuntary assessment and stabilization which must
 1881  be executed during the period that the hearing on the petition
 1882  for treatment is pending. The court may further order a law
 1883  enforcement officer or other designated agent of the court to:
 1884         1.Take the respondent into custody and deliver him or her
 1885  to the nearest appropriate licensed service provider to be
 1886  evaluated; and
 1887         2.Serve the respondent with the notice of hearing and a
 1888  copy of the petition.
 1889         (b)The service provider must promptly inform the court and
 1890  parties of the respondent’s arrival and may not hold the
 1891  respondent for longer than 72 hours of observation thereafter,
 1892  unless:
 1893         1.The service provider seeks additional time under s.
 1894  397.6957(1)(c) and the court, after a hearing, grants that
 1895  motion;
 1896         2.The respondent shows signs of withdrawal, or a need to
 1897  be either detoxified or treated for a medical condition, which
 1898  shall extend the amount of time the respondent may be held for
 1899  observation until the issue is resolved; or
 1900         3.The original or extended observation period ends on a
 1901  weekend or holiday, in which case the provider may hold the
 1902  respondent until the next court working day.
 1903         (c)If the ex parte order was not executed by the initial
 1904  hearing date, it shall be deemed void. However, should the
 1905  respondent not appear at the hearing for any reason, including
 1906  lack of service, and upon reviewing the petition, testimony, and
 1907  evidence presented, the court reasonably believes the respondent
 1908  meets this chapter’s commitment criteria and that a substance
 1909  abuse emergency exists, the court may issue or reissue an ex
 1910  parte assessment and stabilization order that is valid for 90
 1911  days. If the respondent’s location is known at the time of the
 1912  hearing, the court:
 1913         1.Shall continue the case for no more than 10 court
 1914  working days; and
 1915         2.May order a law enforcement officer or other designated
 1916  agent of the court to:
 1917         a.Take the respondent into custody and deliver him or her
 1918  to the nearest appropriate licensed service provider to be
 1919  evaluated; and
 1920         b.If a hearing date is set, serve the respondent with
 1921  notice of the rescheduled hearing and a copy of the involuntary
 1922  treatment petition if the respondent has not already been
 1923  served.
 1924  
 1925  Otherwise, the petitioner and the service provider must promptly
 1926  inform the court that the respondent has been assessed so that
 1927  the court may schedule a hearing. The service provider must
 1928  serve the respondent, before his or her discharge, with the
 1929  notice of hearing and a copy of the petition. However, if the
 1930  respondent has not been assessed after 90 days, the court must
 1931  dismiss the case.
 1932         Section 40. Section 397.6957, Florida Statutes, is amended
 1933  to read:
 1934         397.6957 Hearing on petition for involuntary treatment
 1935  services.—
 1936         (1)(a)The respondent must be present at a hearing on a
 1937  petition for involuntary treatment services unless he or she
 1938  knowingly, intelligently, and voluntarily waives his or her
 1939  right to be present or, upon receiving proof of service and
 1940  evaluating the circumstances of the case, the court finds that
 1941  his or her presence is inconsistent with his or her best
 1942  interests or is likely to be injurious to himself or herself or
 1943  others., The court shall hear and review all relevant evidence,
 1944  including testimony from individuals such as family members
 1945  familiar with the respondent’s prior history and how it relates
 1946  to his or her current condition, and the review of results of
 1947  the assessment completed by the qualified professional in
 1948  connection with this chapter. The court may also order drug
 1949  tests. Absent a showing of good cause, such as specific symptoms
 1950  of the respondent’s condition, the court may permit all
 1951  witnesses, such as any medical professionals or personnel who
 1952  are or have been involved with the respondent’s treatment, to
 1953  remotely attend and testify at the hearing under oath via the
 1954  most appropriate and convenient technological method of
 1955  communication available to the court, including, but not limited
 1956  to, teleconference. Any witness intending to remotely attend and
 1957  testify at the hearing must provide the parties with all
 1958  relevant documents in advance of the hearing the respondent’s
 1959  protective custody, emergency admission, involuntary assessment,
 1960  or alternative involuntary admission. The respondent must be
 1961  present unless the court finds that his or her presence is
 1962  likely to be injurious to himself or herself or others, in which
 1963  event the court must appoint a guardian advocate to act in
 1964  behalf of the respondent throughout the proceedings.
 1965         (b)A respondent cannot be involuntarily ordered into
 1966  treatment under this chapter without a clinical assessment being
 1967  performed unless he or she is present in court and expressly
 1968  waives the assessment. In nonemergency situations, if the
 1969  respondent was not, or had previously refused to be, assessed by
 1970  a qualified professional and, based on the petition, testimony,
 1971  and evidence presented, it reasonably appears that the
 1972  respondent qualifies for involuntary treatment services, the
 1973  court shall issue an involuntary assessment and stabilization
 1974  order to determine the appropriate level of treatment the
 1975  respondent requires. Additionally, in cases where an assessment
 1976  was attached to the petition, the respondent may request, or the
 1977  court on its own motion may order, an independent assessment by
 1978  a court-appointed physician or an otherwise agreed-upon
 1979  physician. If an assessment order is issued, it is valid for 90
 1980  days, and if the respondent is present or there is either proof
 1981  of service or his or her location is known, the involuntary
 1982  treatment hearing shall be continued for no more than 10 court
 1983  working days. Otherwise, the petitioner and the service provider
 1984  must promptly inform the court that the respondent has been
 1985  assessed so that the court may schedule a hearing. The service
 1986  provider shall then serve the respondent, before his or her
 1987  discharge, with the notice of hearing and a copy of the
 1988  petition. The assessment must occur before the new hearing date,
 1989  and if there is evidence indicating that the respondent will not
 1990  voluntarily appear at the forthcoming hearing, or is a danger to
 1991  self or others, the court may enter a preliminary order
 1992  committing the respondent to an appropriate treatment facility
 1993  for further evaluation until the date of the rescheduled
 1994  hearing. However, if after 90 days the respondent remains
 1995  unassessed, the court shall dismiss the case.
 1996         (c)1.The respondent’s assessment by a qualified
 1997  professional must occur within 72 hours after his or her arrival
 1998  at a licensed service provider unless he or she shows signs of
 1999  withdrawal or a need to be either detoxified or treated for a
 2000  medical condition, which shall extend the amount of time the
 2001  respondent may be held for observation until that issue is
 2002  resolved. If the person conducting the assessment is not a
 2003  licensed physician, the assessment must be reviewed by a
 2004  licensed physician within the 72-hour period. If the respondent
 2005  is a minor, such assessment must be initiated within the first
 2006  12 hours after the minor’s admission to the facility. The
 2007  service provider may also move to extend the 72 hours of
 2008  observation by petitioning the court in writing for additional
 2009  time. The service provider must furnish copies of such motion to
 2010  all parties in accordance with applicable confidentiality
 2011  requirements and, after a hearing, the court may grant
 2012  additional time or expedite the respondent’s involuntary
 2013  treatment hearing. The involuntary treatment hearing, however,
 2014  may only be expedited by agreement of the parties on the hearing
 2015  date, or if there is notice and proof of service as provided in
 2016  s. 397.6955 (1) and (3). If the court grants the service
 2017  provider’s petition, the service provider may hold the
 2018  respondent until its extended assessment period expires or until
 2019  the expedited hearing date. However, if the original or extended
 2020  observation period ends on a weekend or holiday, the provider
 2021  may hold the respondent until the next court working day.
 2022         2.Upon the completion of his or her report, the qualified
 2023  professional, in accordance with applicable confidentiality
 2024  requirements, shall provide copies to the court and all relevant
 2025  parties and counsel. This report must contain a recommendation
 2026  on the level, if any, of substance abuse and, if applicable, co
 2027  occurring mental health treatment the respondent requires. The
 2028  qualified professional’s failure to include a treatment
 2029  recommendation, much like a recommendation of no treatment,
 2030  shall result in the petition’s dismissal.
 2031         (d)The court may order a law enforcement officer or other
 2032  designated agent of the court to take the respondent into
 2033  custody and transport him or her to or from the treating or
 2034  assessing service provider and the court for his or her hearing.
 2035         (2) The petitioner has the burden of proving by clear and
 2036  convincing evidence that:
 2037         (a) The respondent is substance abuse impaired, has lost
 2038  the power of self-control with respect to substance abuse, or
 2039  and has a history of lack of compliance with treatment for
 2040  substance abuse with continued substance use; and
 2041         (b) Because of such impairment, the respondent is unlikely
 2042  to voluntarily participate in the recommended services after
 2043  sufficient and conscientious explanation and disclosure of their
 2044  purpose, or is unable to determine for himself or herself
 2045  whether services are necessary and make a rational decision in
 2046  that regard; and:
 2047         (c)1. Without services, the respondent is likely to suffer
 2048  from neglect or refuse to care for himself or herself; that such
 2049  neglect or refusal poses a real and present threat of
 2050  substantial harm to his or her well-being; and that it is not
 2051  apparent that such harm may be avoided through the help of
 2052  willing, able, and responsible family members or friends or the
 2053  provision of other services; or
 2054         2. There is a substantial likelihood that in the near
 2055  future and without services, the respondent will inflict serious
 2056  harm to self or others, as evidenced by acts, omissions, or
 2057  behavior causing, attempting, or threatening such harm, which
 2058  includes, but is not limited to, significant property damage
 2059  cause serious bodily harm to himself, herself, or another in the
 2060  near future, as evidenced by recent behavior; or
 2061         2.The respondent’s refusal to voluntarily receive care is
 2062  based on judgment so impaired by reason of substance abuse that
 2063  the respondent is incapable of appreciating his or her need for
 2064  care and of making a rational decision regarding that need for
 2065  care.
 2066         (3) One of the qualified professionals who executed the
 2067  involuntary services certificate must be a witness. The court
 2068  shall allow testimony from individuals, including family
 2069  members, deemed by the court to be relevant under state law,
 2070  regarding the respondent’s prior history and how that prior
 2071  history relates to the person’s current condition. The Testimony
 2072  in the hearing must be taken under oath, and the proceedings
 2073  must be recorded. The respondent patient may refuse to testify
 2074  at the hearing.
 2075         (4)If at any point during the hearing the court has reason
 2076  to believe that the respondent, due to mental illness other than
 2077  or in addition to substance abuse impairment, is likely to
 2078  injure himself or herself or another if allowed to remain at
 2079  liberty, or otherwise meets the involuntary commitment
 2080  provisions of part I of chapter 394, the court may initiate
 2081  involuntary proceedings under such provisions.
 2082         (5)(4) At the conclusion of the hearing, the court shall
 2083  either dismiss the petition or order the respondent to receive
 2084  involuntary treatment services from his or her chosen licensed
 2085  service provider if possible and appropriate. Any treatment
 2086  order must include findings regarding the respondent’s need for
 2087  treatment and the appropriateness of other lesser restrictive
 2088  alternatives.
 2089         Section 41. Section 397.697, Florida Statutes, is amended
 2090  to read:
 2091         397.697 Court determination; effect of court order for
 2092  involuntary treatment services.—
 2093         (1)(a) When the court finds that the conditions for
 2094  involuntary treatment services have been proved by clear and
 2095  convincing evidence, it may order the respondent to receive
 2096  involuntary treatment services from a publicly funded licensed
 2097  service provider for a period not to exceed 90 days. The court
 2098  may also order a respondent to undergo treatment through a
 2099  privately funded licensed service provider if the respondent has
 2100  the ability to pay for the treatment, or if any person on the
 2101  respondent’s behalf voluntarily demonstrates a willingness and
 2102  an ability to pay for the treatment. If the court finds it
 2103  necessary, it may direct the sheriff to take the respondent into
 2104  custody and deliver him or her to the licensed service provider
 2105  specified in the court order, or to the nearest appropriate
 2106  licensed service provider, for involuntary treatment services.
 2107  When the conditions justifying involuntary treatment services no
 2108  longer exist, the individual must be released as provided in s.
 2109  397.6971. When the conditions justifying involuntary treatment
 2110  services are expected to exist after 90 days of treatment
 2111  services, a renewal of the involuntary treatment services order
 2112  may be requested pursuant to s. 397.6975 before the end of the
 2113  90-day period.
 2114         (b)To qualify for involuntary outpatient treatment, an
 2115  individual must be supported by a social worker or case manager
 2116  of a licensed service provider or a willing, able, and
 2117  responsible individual appointed by the court who shall inform
 2118  the court and parties if the respondent fails to comply with his
 2119  or her outpatient program. In addition, unless the respondent
 2120  has been involuntarily ordered into inpatient treatment under
 2121  this chapter at least twice during the last 36 months, or
 2122  demonstrates the ability to substantially comply with the
 2123  outpatient treatment while waiting for residential placement to
 2124  become available, he or she must receive an assessment from a
 2125  qualified professional or licensed physician expressly
 2126  recommending outpatient services, such services must be
 2127  available in the county in which the respondent is located, and
 2128  it must appear likely that the respondent will follow a
 2129  prescribed outpatient care plan.
 2130         (2) In all cases resulting in an order for involuntary
 2131  treatment services, the court shall retain jurisdiction over the
 2132  case and the parties for the entry of such further orders as the
 2133  circumstances may require, including, but not limited to,
 2134  monitoring compliance with treatment, changing the treatment
 2135  modality, or initiating contempt of court proceedings for
 2136  violating any valid order issued pursuant to this chapter.
 2137  Hearings under this section may be set by motion of the parties
 2138  or under the court’s own authority, and the motion and notice of
 2139  hearing for these ancillary proceedings, which include, but are
 2140  not limited to, civil contempt, must be served in accordance
 2141  with relevant court procedural rules. The court’s requirements
 2142  for notification of proposed release must be included in the
 2143  original order.
 2144         (3) An involuntary treatment services order also authorizes
 2145  the licensed service provider to require the individual to
 2146  receive treatment services that will benefit him or her,
 2147  including treatment services at any licensable service component
 2148  of a licensed service provider. While subject to the court’s
 2149  oversight, the service provider’s authority under this section
 2150  is separate and distinct from the court’s broad continuing
 2151  jurisdiction under subsection (2). Such oversight includes, but
 2152  is not limited to, submitting reports regarding the respondent’s
 2153  progress or compliance with treatment as required by the court.
 2154         (4) If the court orders involuntary treatment services, a
 2155  copy of the order must be sent to the managing entity within 1
 2156  working day after it is received from the court. Documents may
 2157  be submitted electronically through though existing data
 2158  systems, if applicable.
 2159         Section 42. Section 397.6971, Florida Statutes, is amended
 2160  to read:
 2161         397.6971 Early release from involuntary treatment
 2162  services.—
 2163         (1) At any time before the end of the 90-day involuntary
 2164  treatment services period, or before the end of any extension
 2165  granted pursuant to s. 397.6975, an individual receiving
 2166  involuntary treatment services may be determined eligible for
 2167  discharge to the most appropriate referral or disposition for
 2168  the individual when any of the following apply:
 2169         (a) The individual no longer meets the criteria for
 2170  involuntary admission and has given his or her informed consent
 2171  to be transferred to voluntary treatment status.
 2172         (b) If the individual was admitted on the grounds of
 2173  likelihood of infliction of physical harm upon himself or
 2174  herself or others, such likelihood no longer exists.
 2175         (c) If the individual was admitted on the grounds of need
 2176  for assessment and stabilization or treatment, accompanied by
 2177  inability to make a determination respecting such need:
 2178         1. Such inability no longer exists; or
 2179         2. It is evident that further treatment will not bring
 2180  about further significant improvements in the individual’s
 2181  condition.
 2182         (d) The individual is no longer needs treatment in need of
 2183  services.
 2184         (e) The director of the service provider determines that
 2185  the individual is beyond the safe management capabilities of the
 2186  provider.
 2187         (2) Whenever a qualified professional determines that an
 2188  individual admitted for involuntary treatment services qualifies
 2189  for early release under subsection (1), the service provider
 2190  shall immediately discharge the individual and must notify all
 2191  persons specified by the court in the original treatment order.
 2192         Section 43. Section 397.6975, Florida Statutes, is amended
 2193  to read:
 2194         397.6975 Extension of involuntary treatment services
 2195  period.—
 2196         (1) Whenever a service provider believes that an individual
 2197  who is nearing the scheduled date of his or her release from
 2198  involuntary care services continues to meet the criteria for
 2199  involuntary treatment services in s. 397.693 or s. 397.6957, a
 2200  petition for renewal of the involuntary treatment services order
 2201  must may be filed with the court at least 10 days before the
 2202  expiration of the court-ordered services period. The petition
 2203  may be filed by the service provider or by the person who filed
 2204  the petition for the initial treatment order if the petition is
 2205  accompanied by supporting documentation from the service
 2206  provider. The court shall immediately schedule a hearing within
 2207  10 court working to be held not more than 15 days after filing
 2208  of the petition and. The court shall provide the copy of the
 2209  petition for renewal and the notice of the hearing to all
 2210  parties and counsel to the proceeding. The hearing is conducted
 2211  pursuant to ss. 397.697 and 397.6957 and must be before the
 2212  circuit court unless referred to a magistrate s. 397.6957.
 2213         (2) If the court finds that the petition for renewal of the
 2214  involuntary treatment services order should be granted, it may
 2215  order the respondent to receive involuntary treatment services
 2216  for a period not to exceed an additional 90 days. When the
 2217  conditions justifying involuntary treatment services no longer
 2218  exist, the individual must be released as provided in s.
 2219  397.6971. When the conditions justifying involuntary treatment
 2220  services continue to exist after an additional 90 days of
 2221  treatment service, a new petition requesting renewal of the
 2222  involuntary treatment services order may be filed pursuant to
 2223  this section.
 2224         (3)Within 1 court working day after the filing of a
 2225  petition for continued involuntary services, the court shall
 2226  appoint the office of criminal conflict and civil regional
 2227  counsel to represent the respondent, unless the respondent is
 2228  otherwise represented by counsel. The clerk of the court shall
 2229  immediately notify the office of criminal conflict and civil
 2230  regional counsel of such appointment. The office of criminal
 2231  conflict and civil regional counsel shall represent the
 2232  respondent until the petition is dismissed or the court order
 2233  expires or the respondent is discharged from involuntary
 2234  services. Any attorney representing the respondent shall have
 2235  access to the respondent, witnesses, and records relevant to the
 2236  presentation of the respondent’s case and shall represent the
 2237  interests of the respondent, regardless of the source of payment
 2238  to the attorney.
 2239         (4)Hearings on petitions for continued involuntary
 2240  services shall be before the circuit court. The court may
 2241  appoint a magistrate to preside at the hearing. The procedures
 2242  for obtaining an order pursuant to this section shall be in
 2243  accordance with s. 397.697.
 2244         (5)Notice of hearing shall be provided to the respondent
 2245  or his or her counsel. The respondent and the respondent’s
 2246  counsel may agree to a period of continued involuntary services
 2247  without a court hearing.
 2248         (6)The same procedure shall be repeated before the
 2249  expiration of each additional period of involuntary services.
 2250         (7)If the respondent has previously been found incompetent
 2251  to consent to treatment, the court shall consider testimony and
 2252  evidence regarding the respondent’s competence.
 2253         Section 44. Section 397.6977, Florida Statutes, is amended
 2254  to read:
 2255         397.6977 Disposition of individual upon completion of
 2256  involuntary treatment services.—At the conclusion of the 90-day
 2257  period of court-ordered involuntary treatment services, the
 2258  respondent is automatically discharged unless a motion for
 2259  renewal of the involuntary treatment services order has been
 2260  filed with the court pursuant to s. 397.6975.
 2261         Section 45. Section 397.6978, Florida Statutes, is
 2262  repealed.
 2263         Section 46. Section 397.99, Florida Statutes, is amended to
 2264  read:
 2265         397.99 School substance abuse prevention partnership
 2266  grants.—
 2267         (1) GRANT PROGRAM.—
 2268         (a) In order to encourage the development of effective
 2269  substance abuse prevention and early intervention strategies for
 2270  school-age populations, the school substance abuse prevention
 2271  partnership grant program is established.
 2272         (b) The department shall administer the program in
 2273  cooperation with the Department of Education, and the Department
 2274  of Juvenile Justice, and the managing entities under contract
 2275  with the department under s. 394.9082.
 2276         (2) APPLICATION PROCEDURES; FUNDING REQUIREMENTS.—
 2277         (a) Schools, or community-based organizations in
 2278  partnership with schools, may submit a grant proposal for
 2279  funding or continued funding to the managing entity in its
 2280  geographic area department by March 1 of each year.
 2281  Notwithstanding s. 394.9082(5)(i), the managing entity shall use
 2282  a competitive solicitation process to review The department
 2283  shall establish grant applications, application procedures which
 2284  ensures ensure that grant recipients implement programs and
 2285  practices that are effective. The managing entity department
 2286  shall include the grant application document on its an Internet
 2287  website.
 2288         (b) Grants may fund programs to conduct prevention
 2289  activities serving students who are not involved in substance
 2290  use, intervention activities serving students who are
 2291  experimenting with substance use, or both prevention and
 2292  intervention activities, if a comprehensive approach is
 2293  indicated as a result of a needs assessment.
 2294         (c) Grants may target youth, parents, and teachers and
 2295  other school staff, coaches, social workers, case managers, and
 2296  other prevention stakeholders.
 2297         (d) Performance measures for grant program activities shall
 2298  measure improvements in student attitudes or behaviors as
 2299  determined by the managing entity department.
 2300         (e) At least 50 percent of the grant funds available for
 2301  local projects must be allocated to support the replication of
 2302  prevention programs and practices that are based on research and
 2303  have been evaluated and proven effective. The managing entity
 2304  department shall develop related qualifying criteria.
 2305         (f) In order to be considered for funding, the grant
 2306  application shall include the following assurances and
 2307  information:
 2308         1. A letter from the administrators of the programs
 2309  collaborating on the project, such as the school principal,
 2310  community-based organization executive director, or recreation
 2311  department director, confirming that the grant application has
 2312  been reviewed and that each partner is committed to supporting
 2313  implementation of the activities described in the grant
 2314  proposal.
 2315         2. A rationale and description of the program and the
 2316  services to be provided, including:
 2317         a. An analysis of prevention issues related to the
 2318  substance abuse prevention profile of the target population.
 2319         b. A description of other primary substance use and related
 2320  risk factors.
 2321         c. Goals and objectives based on the findings of the needs
 2322  assessment.
 2323         d. The selection of programs or strategies that have been
 2324  shown to be effective in addressing the findings of the needs
 2325  assessment.
 2326         e. A method of identifying the target group for universal
 2327  prevention strategies, and a method for identifying the
 2328  individual student participants in selected and indicated
 2329  prevention strategies.
 2330         f. A description of how students will be targeted.
 2331         g. Provisions for the participation of parents and
 2332  guardians in the program.
 2333         h. An evaluation component to measure the effectiveness of
 2334  the program in accordance with performance-based program
 2335  budgeting effectiveness measures.
 2336         i. A program budget, which includes the amount and sources
 2337  of local cash and in-kind resources committed to the budget and
 2338  which establishes, to the satisfaction of the managing entity
 2339  department, that the grant applicant entity will make a cash or
 2340  in-kind contribution to the program of a value that is at least
 2341  25 percent of the amount of the grant.
 2342         (g) The managing entity department shall consider the
 2343  following in awarding such grants:
 2344         1. The number of youths that will be targeted.
 2345         2. The validity of the program design to achieve project
 2346  goals and objectives that are clearly related to performance
 2347  based program budgeting effectiveness measures.
 2348         3. The desirability of funding at least one approved
 2349  project in each of the department’s substate entities.
 2350         (3) The managing entity must department shall coordinate
 2351  the review of grant applications with local representatives of
 2352  the Department of Education and the Department of Juvenile
 2353  Justice and shall make award determinations no later than June
 2354  30 of each year. All applicants shall be notified by the
 2355  managing entity department of its final action.
 2356         (4) Each entity that is awarded a grant as provided for in
 2357  this section shall submit performance and output information as
 2358  determined by the managing entity department.
 2359         Section 47. Paragraph (d) is added to subsection (1) of
 2360  section 916.111, Florida Statutes, to read:
 2361         916.111 Training of mental health experts.—The evaluation
 2362  of defendants for competency to proceed or for sanity at the
 2363  time of the commission of the offense shall be conducted in such
 2364  a way as to ensure uniform application of the criteria
 2365  enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
 2366  Procedure. The department shall develop, and may contract with
 2367  accredited institutions:
 2368         (1) To provide:
 2369         (a) A plan for training mental health professionals to
 2370  perform forensic evaluations and to standardize the criteria and
 2371  procedures to be used in these evaluations;
 2372         (b) Clinical protocols and procedures based upon the
 2373  criteria of Rules 3.210 and 3.216, Florida Rules of Criminal
 2374  Procedure; and
 2375         (c) Training for mental health professionals in the
 2376  application of these protocols and procedures in performing
 2377  forensic evaluations and providing reports to the courts; and
 2378         (d)Refresher training for mental health professionals who
 2379  have completed the training required by paragraph (c) and s.
 2380  916.115(1). At a minimum, the refresher training must provide
 2381  current information on:
 2382         1.Forensic statutory requirements.
 2383         2.Recent changes to part II of this chapter.
 2384         3.Trends and concerns related to forensic commitments in
 2385  the state.
 2386         4.Alternatives to maximum security treatment facilities.
 2387         5.Community forensic treatment providers.
 2388         6.Evaluation requirements.
 2389         7.Forensic service array updates.
 2390         Section 48. Subsection (1) of section 916.115, Florida
 2391  Statutes, is amended to read:
 2392         916.115 Appointment of experts.—
 2393         (1) The court shall appoint no more than three experts to
 2394  determine the mental condition of a defendant in a criminal
 2395  case, including competency to proceed, insanity, involuntary
 2396  placement, and treatment. The experts may evaluate the defendant
 2397  in jail or in another appropriate local facility or in a
 2398  facility of the Department of Corrections.
 2399         (a) To the extent possible, The appointed experts must
 2400  shall have completed forensic evaluator training approved by the
 2401  department under s. 916.111(1)(c), and, to the extent possible,
 2402  each shall be a psychiatrist, licensed psychologist, or
 2403  physician. Appointed experts who have completed the training
 2404  under s. 916.111(1)(c) must complete refresher training under s.
 2405  916.111(1)(d) every 3 years.
 2406         (b) The department shall maintain and annually provide the
 2407  courts with a list of available mental health professionals who
 2408  have completed the approved training under ss. 916.111(1)(c) and
 2409  (d) as experts.
 2410         Section 49. Paragraph (b) of subsection (1) of section
 2411  409.972, Florida Statutes, is amended to read:
 2412         409.972 Mandatory and voluntary enrollment.—
 2413         (1) The following Medicaid-eligible persons are exempt from
 2414  mandatory managed care enrollment required by s. 409.965, and
 2415  may voluntarily choose to participate in the managed medical
 2416  assistance program:
 2417         (b) Medicaid recipients residing in residential commitment
 2418  facilities operated through the Department of Juvenile Justice
 2419  or a treatment facility as defined in s. 394.455 s. 394.455(47).
 2420         Section 50. Paragraph (e) of subsection (4) of section
 2421  464.012, Florida Statutes, is amended to read:
 2422         464.012 Licensure of advanced practice registered nurses;
 2423  fees; controlled substance prescribing.—
 2424         (4) In addition to the general functions specified in
 2425  subsection (3), an advanced practice registered nurse may
 2426  perform the following acts within his or her specialty:
 2427         (e) A psychiatric nurse, who meets the requirements in s.
 2428  394.455(36) s. 394.455(35), within the framework of an
 2429  established protocol with a psychiatrist, may prescribe
 2430  psychotropic controlled substances for the treatment of mental
 2431  disorders.
 2432         Section 51. Subsection (7) of section 744.2007, Florida
 2433  Statutes, is amended to read:
 2434         744.2007 Powers and duties.—
 2435         (7) A public guardian may not commit a ward to a treatment
 2436  facility, as defined in s. 394.455 s. 394.455(47), without an
 2437  involuntary placement proceeding as provided by law.
 2438         Section 52. Paragraph (a) of subsection (2) of section
 2439  790.065, Florida Statutes, is amended to read:
 2440         790.065 Sale and delivery of firearms.—
 2441         (2) Upon receipt of a request for a criminal history record
 2442  check, the Department of Law Enforcement shall, during the
 2443  licensee’s call or by return call, forthwith:
 2444         (a) Review any records available to determine if the
 2445  potential buyer or transferee:
 2446         1. Has been convicted of a felony and is prohibited from
 2447  receipt or possession of a firearm pursuant to s. 790.23;
 2448         2. Has been convicted of a misdemeanor crime of domestic
 2449  violence, and therefore is prohibited from purchasing a firearm;
 2450         3. Has had adjudication of guilt withheld or imposition of
 2451  sentence suspended on any felony or misdemeanor crime of
 2452  domestic violence unless 3 years have elapsed since probation or
 2453  any other conditions set by the court have been fulfilled or
 2454  expunction has occurred; or
 2455         4. Has been adjudicated mentally defective or has been
 2456  committed to a mental institution by a court or as provided in
 2457  sub-sub-subparagraph b.(II), and as a result is prohibited by
 2458  state or federal law from purchasing a firearm.
 2459         a. As used in this subparagraph, “adjudicated mentally
 2460  defective” means a determination by a court that a person, as a
 2461  result of marked subnormal intelligence, or mental illness,
 2462  incompetency, condition, or disease, is a danger to himself or
 2463  herself or to others or lacks the mental capacity to contract or
 2464  manage his or her own affairs. The phrase includes a judicial
 2465  finding of incapacity under s. 744.331(6)(a), an acquittal by
 2466  reason of insanity of a person charged with a criminal offense,
 2467  and a judicial finding that a criminal defendant is not
 2468  competent to stand trial.
 2469         b. As used in this subparagraph, “committed to a mental
 2470  institution” means:
 2471         (I) Involuntary commitment, commitment for mental
 2472  defectiveness or mental illness, and commitment for substance
 2473  abuse. The phrase includes involuntary inpatient placement under
 2474  as defined in s. 394.467, involuntary outpatient placement as
 2475  defined in s. 394.4655, involuntary assessment and stabilization
 2476  under s. 397.6818, and involuntary substance abuse treatment
 2477  under s. 397.6957, but does not include a person in a mental
 2478  institution for observation or discharged from a mental
 2479  institution based upon the initial review by the physician or a
 2480  voluntary admission to a mental institution; or
 2481         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 2482  admission to a mental institution for outpatient or inpatient
 2483  treatment of a person who had an involuntary examination under
 2484  s. 394.463, where each of the following conditions have been
 2485  met:
 2486         (A) An examining physician found that the person is an
 2487  imminent danger to himself or herself or others.
 2488         (B) The examining physician certified that if the person
 2489  did not agree to voluntary treatment, a petition for involuntary
 2490  outpatient or inpatient treatment would have been filed under s.
 2491  394.463(2)(g)4., or the examining physician certified that a
 2492  petition was filed and the person subsequently agreed to
 2493  voluntary treatment prior to a court hearing on the petition.
 2494         (C) Before agreeing to voluntary treatment, the person
 2495  received written notice of that finding and certification, and
 2496  written notice that as a result of such finding, he or she may
 2497  be prohibited from purchasing a firearm, and may not be eligible
 2498  to apply for or retain a concealed weapon or firearms license
 2499  under s. 790.06 and the person acknowledged such notice in
 2500  writing, in substantially the following form:
 2501  
 2502  “I understand that the doctor who examined me believes I am a
 2503  danger to myself or to others. I understand that if I do not
 2504  agree to voluntary treatment, a petition will be filed in court
 2505  to require me to receive involuntary treatment. I understand
 2506  that if that petition is filed, I have the right to contest it.
 2507  In the event a petition has been filed, I understand that I can
 2508  subsequently agree to voluntary treatment prior to a court
 2509  hearing. I understand that by agreeing to voluntary treatment in
 2510  either of these situations, I may be prohibited from buying
 2511  firearms and from applying for or retaining a concealed weapons
 2512  or firearms license until I apply for and receive relief from
 2513  that restriction under Florida law.”
 2514  
 2515         (D) A judge or a magistrate has, pursuant to sub-sub
 2516  subparagraph c.(II), reviewed the record of the finding,
 2517  certification, notice, and written acknowledgment classifying
 2518  the person as an imminent danger to himself or herself or
 2519  others, and ordered that such record be submitted to the
 2520  department.
 2521         c. In order to check for these conditions, the department
 2522  shall compile and maintain an automated database of persons who
 2523  are prohibited from purchasing a firearm based on court records
 2524  of adjudications of mental defectiveness or commitments to
 2525  mental institutions.
 2526         (I) Except as provided in sub-sub-subparagraph (II), clerks
 2527  of court shall submit these records to the department within 1
 2528  month after the rendition of the adjudication or commitment.
 2529  Reports shall be submitted in an automated format. The reports
 2530  must, at a minimum, include the name, along with any known alias
 2531  or former name, the sex, and the date of birth of the subject.
 2532         (II) For persons committed to a mental institution pursuant
 2533  to sub-sub-subparagraph b.(II), within 24 hours after the
 2534  person’s agreement to voluntary admission, a record of the
 2535  finding, certification, notice, and written acknowledgment must
 2536  be filed by the administrator of the receiving or treatment
 2537  facility, as defined in s. 394.455, with the clerk of the court
 2538  for the county in which the involuntary examination under s.
 2539  394.463 occurred. No fee shall be charged for the filing under
 2540  this sub-sub-subparagraph. The clerk must present the records to
 2541  a judge or magistrate within 24 hours after receipt of the
 2542  records. A judge or magistrate is required and has the lawful
 2543  authority to review the records ex parte and, if the judge or
 2544  magistrate determines that the record supports the classifying
 2545  of the person as an imminent danger to himself or herself or
 2546  others, to order that the record be submitted to the department.
 2547  If a judge or magistrate orders the submittal of the record to
 2548  the department, the record must be submitted to the department
 2549  within 24 hours.
 2550         d. A person who has been adjudicated mentally defective or
 2551  committed to a mental institution, as those terms are defined in
 2552  this paragraph, may petition the court that made the
 2553  adjudication or commitment, or the court that ordered that the
 2554  record be submitted to the department pursuant to sub-sub
 2555  subparagraph c.(II), for relief from the firearm disabilities
 2556  imposed by such adjudication or commitment. A copy of the
 2557  petition shall be served on the state attorney for the county in
 2558  which the person was adjudicated or committed. The state
 2559  attorney may object to and present evidence relevant to the
 2560  relief sought by the petition. The hearing on the petition may
 2561  be open or closed as the petitioner may choose. The petitioner
 2562  may present evidence and subpoena witnesses to appear at the
 2563  hearing on the petition. The petitioner may confront and cross
 2564  examine witnesses called by the state attorney. A record of the
 2565  hearing shall be made by a certified court reporter or by court
 2566  approved electronic means. The court shall make written findings
 2567  of fact and conclusions of law on the issues before it and issue
 2568  a final order. The court shall grant the relief requested in the
 2569  petition if the court finds, based on the evidence presented
 2570  with respect to the petitioner’s reputation, the petitioner’s
 2571  mental health record and, if applicable, criminal history
 2572  record, the circumstances surrounding the firearm disability,
 2573  and any other evidence in the record, that the petitioner will
 2574  not be likely to act in a manner that is dangerous to public
 2575  safety and that granting the relief would not be contrary to the
 2576  public interest. If the final order denies relief, the
 2577  petitioner may not petition again for relief from firearm
 2578  disabilities until 1 year after the date of the final order. The
 2579  petitioner may seek judicial review of a final order denying
 2580  relief in the district court of appeal having jurisdiction over
 2581  the court that issued the order. The review shall be conducted
 2582  de novo. Relief from a firearm disability granted under this
 2583  sub-subparagraph has no effect on the loss of civil rights,
 2584  including firearm rights, for any reason other than the
 2585  particular adjudication of mental defectiveness or commitment to
 2586  a mental institution from which relief is granted.
 2587         e. Upon receipt of proper notice of relief from firearm
 2588  disabilities granted under sub-subparagraph d., the department
 2589  shall delete any mental health record of the person granted
 2590  relief from the automated database of persons who are prohibited
 2591  from purchasing a firearm based on court records of
 2592  adjudications of mental defectiveness or commitments to mental
 2593  institutions.
 2594         f. The department is authorized to disclose data collected
 2595  pursuant to this subparagraph to agencies of the Federal
 2596  Government and other states for use exclusively in determining
 2597  the lawfulness of a firearm sale or transfer. The department is
 2598  also authorized to disclose this data to the Department of
 2599  Agriculture and Consumer Services for purposes of determining
 2600  eligibility for issuance of a concealed weapons or concealed
 2601  firearms license and for determining whether a basis exists for
 2602  revoking or suspending a previously issued license pursuant to
 2603  s. 790.06(10). When a potential buyer or transferee appeals a
 2604  nonapproval based on these records, the clerks of court and
 2605  mental institutions shall, upon request by the department,
 2606  provide information to help determine whether the potential
 2607  buyer or transferee is the same person as the subject of the
 2608  record. Photographs and any other data that could confirm or
 2609  negate identity must be made available to the department for
 2610  such purposes, notwithstanding any other provision of state law
 2611  to the contrary. Any such information that is made confidential
 2612  or exempt from disclosure by law shall retain such confidential
 2613  or exempt status when transferred to the department.
 2614         Section 53. This act shall take effect July 1, 2020.