Florida Senate - 2024                                    SB 1784
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01321B-24                                          20241784__
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 394.455, F.S.; conforming a cross
    4         reference; conforming a provision to changes made by
    5         the act; amending s. 394.4572, F.S.; providing an
    6         exception to background screening requirements for
    7         certain licensed physicians and nurses; amending s.
    8         394.459, F.S.; conforming a provision to changes made
    9         by the act; specifying a timeframe for recording
   10         restrictions in a patient’s clinical file; amending s.
   11         394.4599, F.S.; revising written notice requirements
   12         relating to filing petitions for involuntary services;
   13         amending s. 394.461, F.S.; authorizing the state to
   14         establish that a transfer evaluation was performed by
   15         providing the court with a copy of the evaluation
   16         before the close of the state’s case in chief;
   17         prohibiting the court from considering substantive
   18         information in the transfer evaluation unless the
   19         evaluator testifies at the hearing; requiring the
   20         Department of Children and Families to post a
   21         specified report on its website; deleting requirements
   22         to submit the report to specified parties; amending s
   23         394.4615, F.S.; conforming cross-references to changes
   24         made by the act; amending s. 394.462, F.S.; conforming
   25         cross-references; amending s. 394.4625, F.S.; revising
   26         requirements relating to voluntary admissions to a
   27         facility for examination and treatment; amending s.
   28         394.463, F.S.; authorizing, rather than requiring, law
   29         enforcement officers to take certain persons into
   30         custody for involuntary examinations; requiring
   31         written reports by a law enforcement officer to
   32         contain certain information; revising the types of
   33         documents that the department is required to receive
   34         and maintain and that are considered part of the
   35         clinical record; requiring the department to post a
   36         specified report on its website by a specified date;
   37         revising requirements for releasing a patient from a
   38         receiving facility; revising when the examination
   39         period begins for a patient at a receiving facility;
   40         revising requirements for petitions for involuntary
   41         services; requiring the department and the Agency for
   42         Health Care Administration to analyze certain data,
   43         identify patterns and trends, and make recommendations
   44         to decrease avoidable admissions; authorizing
   45         recommendations to be addressed in a specified manner;
   46         requiring the department to publish a specified report
   47         on its website by a certain date; making technical
   48         changes; conforming provisions to changes made by the
   49         act; amending s. 394.4655, F.S.; defining the terms
   50         “court”, “criminal county court”, and “involuntary
   51         outpatient placement”; authorizing a criminal county
   52         court to order an individual to involuntary outpatient
   53         treatment; deleting provisions relating to involuntary
   54         outpatient services; amending s. 394.467, F.S.;
   55         defining terms; revising the criteria for ordering a
   56         person for involuntary inpatient placement; providing
   57         that a patient may be recommended and retained for
   58         involuntary services; requiring recommendations for
   59         services be supported by the opinions of certain
   60         medical professionals within a specified timeframe;
   61         revising who may file a petition for involuntary
   62         services; requiring such petitions to be filed in the
   63         county where the patient is located; providing
   64         criteria for what must be in a petition for
   65         involuntary services; requiring a service provider to
   66         provide a treatment plan if the patient meets the
   67         criteria for involuntary services; requiring copies of
   68         such petitions be given to specified individuals;
   69         requiring the court to appoint counsel for the
   70         patient, if the patient meets certain criteria;
   71         revising provisions relating to continuances of
   72         hearings; revising requirements for hearings on
   73         involuntary services; revising the conditions under
   74         which a court may waive the requirement for a patient
   75         to be present at an involuntary inpatient placement
   76         hearing; requiring facilities to make certain clinical
   77         records available to a state attorney within a
   78         specified timeframe; specifying that such records
   79         remain confidential and may not be used for certain
   80         purposes; requiring the court to allow testimony from
   81         certain individuals; requiring the court to consider
   82         testimony and evidence regarding a patient’s
   83         competence to consent to services and treatment;
   84         requiring the court to appoint a guardian advocate if
   85         the patient is found to be incompetent; authorizing
   86         the court to order a patient to involuntary inpatient
   87         or outpatient services, depending on the services
   88         available to the patient in his or her community;
   89         requiring service providers to document efforts taken
   90         to secure appropriate services for the patient;
   91         prohibiting courts from ordering individuals with
   92         developmental disabilities to be involuntarily placed
   93         in a state treatment facility; conforming provisions
   94         to changes made by the act; amending s. 394.468, F.S.;
   95         revising requirements for discharge planning; amending
   96         ss. 394.495 and 394.496, F.S.; conforming provisions
   97         to changes made by the act; amending s. 394.499, F.S.;
   98         revising eligibility requirements for children’s
   99         crisis stabilization unit/juvenile addictions
  100         receiving facility services; amending s. 394.875,
  101         F.S.; conforming provisions to changes made by the
  102         act; deleting a limitation on the size of a crisis
  103         stabilization unit; deleting a requirement for the
  104         department to implement a certain demonstration
  105         project; amending s. 394.9085, F.S.; conforming a
  106         cross-reference; amending s. 397.305, F.S.; revising
  107         the purpose of ch. 397, F.S.; amending s. 397.311,
  108         F.S.; revising and defining terms; amending s.
  109         397.401, F.S.; prohibiting certain service providers
  110         from exceeding their licensed capacity by more than a
  111         specified percentage or for more than a specified
  112         number of days; amending s. 397.4073, F.S.; providing
  113         an exception to background screening requirements for
  114         certain licensed physicians and nurses; amending s.
  115         397.501, F.S.; revising notice requirements for the
  116         right to counsel; amending s. 397.581, F.S.; revising
  117         actions that constitute unlawful activities relating
  118         to assessment and treatment; amending s. 397.675,
  119         F.S.; revising the criteria for involuntary admissions
  120         for purposes of assessment and stabilization, and for
  121         involuntary treatment; amending s. 397.681, F.S.;
  122         revising where involuntary treatment petitions for
  123         substance abuse impaired persons must be filed;
  124         revising the portion of such proceedings over which a
  125         general or special magistrate may preside; providing
  126         an exception to a respondent’s right to counsel
  127         relating to petitions for involuntary treatment;
  128         revising the circumstances under which courts are
  129         required to appoint counsel for respondents without
  130         regard to respondents’ wishes; conforming provisions
  131         to changes made by the act; amending s. 397.6751,
  132         F.S.; revising service provider responsibilities
  133         relating to involuntary admissions; amending s.
  134         397.6818, F.S.; revising provisions relating to court
  135         determinations for petitions for involuntary
  136         assessment and stabilization; renumbering and amending
  137         s. 397.693, F.S.; revising the circumstances under
  138         which a person may be the subject of court-ordered
  139         involuntary treatment; renumbering and amending s.
  140         397.695, F.S.; authorizing the court or a law
  141         enforcement agency to waive or prohibit any service of
  142         process fees for petitioners determined to be
  143         indigent; renumbering and amending s. 397.6951, F.S.;
  144         revising the information required to be included in a
  145         petition for involuntary treatment services;
  146         authorizing a petitioner to include a certificate or
  147         report of a qualified professional with such petition;
  148         requiring such certificate or report to contain
  149         certain information; requiring that certain additional
  150         information be included if an emergency exists;
  151         renumbering and amending s. 397.6955, F.S.; revising
  152         when the office of criminal conflict and civil
  153         regional counsel represents a person; revising when a
  154         hearing must be held on a petition for involuntary
  155         treatment; requiring law enforcement agencies to
  156         effect service for initial treatment hearings;
  157         providing an exception; conforming provisions to
  158         changes made by the act; amending s. 397.6957, F.S.;
  159         expanding the exemption from the requirement that a
  160         respondent be present at a hearing on a petition for
  161         involuntary treatment services; requiring the court to
  162         hear testimony from family members familiar with the
  163         respondent’s history; authorizing the court to order
  164         drug tests and to permit witnesses to attend and
  165         testify remotely at the hearing through certain means;
  166         deleting a provision requiring the court to appoint a
  167         guardian advocate under certain circumstances;
  168         prohibiting a respondent from being involuntarily
  169         ordered into treatment unless certain requirements are
  170         met; providing requirements relating to involuntary
  171         assessment and stabilization orders; providing
  172         requirements relating to involuntary treatment
  173         hearings; requiring that the assessment of a
  174         respondent occur within a specified timeframe;
  175         providing an exception; authorizing service providers
  176         to petition the court in writing for an extension of
  177         the observation period; providing service requirements
  178         for such petitions; authorizing the service provider
  179         to continue to hold the respondent if the court grants
  180         the petition; requiring a qualified professional to
  181         transmit his or her report to the clerk of the court
  182         within a specified timeframe; requiring the clerk of
  183         the court to enter the report into the court file;
  184         providing requirements for the report; providing that
  185         the report’s filing satisfies the requirements for
  186         release of certain individuals if it contains
  187         admission and discharge information; providing for the
  188         petition’s dismissal under certain circumstances;
  189         authorizing the court to initiate involuntary
  190         proceedings and have the respondent evaluated by the
  191         under certain circumstances; requiring that a
  192         treatment order, if issued, must include certain
  193         findings; amending s. 397.6975, F.S.; authorizing
  194         certain entities to file a petition for renewal of an
  195         involuntary treatment services order; revising the
  196         timeframe during which the court is required to
  197         schedule a hearing; conforming provisions to changes
  198         made by the act; amending s. 397.6977, F.S.; providing
  199         that discharge planning and procedures for a
  200         respondent’s release from involuntary treatment
  201         services address minimum requirements; amending ss.
  202         409.972, 464.012, and 744.2007, F.S.; conforming
  203         provisions to changes made by the act; amending s.
  204         916.13, F.S.; requiring the Department of Children and
  205         Families to complete and submit a competency
  206         evaluation report to the circuit court to determine if
  207         a defendant adjudicated incompetent to proceed meets
  208         the criteria for involuntary civil commitment if it is
  209         determined that the defendant will not or is unlikely
  210         to regain competency; requiring a qualified
  211         professional to sign such report under penalty of
  212         perjury; defining the term “competency evaluation
  213         report to the circuit court”; providing requirements
  214         for such report; requiring a defendant who meets the
  215         criteria for involuntary examination and court
  216         witnesses to appear remotely for hearing; conforming
  217         provisions to changes made by the act; repealing s.
  218         397.6811, F.S., relating to involuntary assessment and
  219         stabilization; repealing s. 397.6814, F.S., relating
  220         to petitions for involuntary assessment and
  221         stabilization; repealing s. 397.6815, F.S., relating
  222         to involuntary assessment and stabilization
  223         procedures; repealing s. 397.6819, F.S., relating to
  224         the responsibilities of licensed service providers
  225         with regard to involuntary assessment and
  226         stabilization; repealing s. 397.6821, F.S., relating
  227         to extensions of time for completion of involuntary
  228         assessment and stabilization; repealing s. 397.6822,
  229         F.S., relating to the disposition of individuals after
  230         involuntary assessment; repealing s. 397.6978, F.S.,
  231         relating to the appointment of guardian advocates;
  232         providing an effective date.
  233          
  234  Be It Enacted by the Legislature of the State of Florida:
  235  
  236         Section 1. Subsection (23) of s. 394.455, Florida Statutes,
  237  is amended, to read:
  238         394.455 Definitions.—As used in this part, the term:
  239         (23) “Involuntary examination” means an examination
  240  performed under s. 394.463, s. 397.6772, s. 397.679, s.
  241  397.6798, or s. 397.6957 s. 397.6811 to determine whether a
  242  person qualifies for involuntary services.
  243         Section 2. Paragraph (e) is added to subsection (1) of
  244  section 394.4572, Florida Statutes, to read:
  245         394.4572 Screening of mental health personnel.—
  246         (1)
  247         (e) Licensed physicians and nurses who require background
  248  screening by Department of Health at initial licensure and
  249  renewal of licensure are not subject to background screening
  250  pursuant to this section if they are providing a service that is
  251  within their scope of licensed practice.
  252         Section 3. Paragraph (d) of subsection (3) and paragraph
  253  (d) of subsection (5) of section 394.459, Florida Statutes, are
  254  amended to read:
  255         394.459 Rights of patients.—
  256         (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
  257         (d) The administrator of a receiving or treatment facility
  258  may, upon the recommendation of the patient’s attending
  259  physician, authorize emergency medical treatment, including a
  260  surgical procedure, if such treatment is deemed lifesaving, or
  261  if the situation threatens serious bodily harm to the patient,
  262  and permission of the patient or the patient’s guardian or
  263  guardian advocate cannot be obtained.
  264         (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
  265         (d) If a patient’s right to communicate with outside
  266  persons; receive, send, or mail sealed, unopened correspondence;
  267  or receive visitors is restricted by the facility, a qualified
  268  professional must record the restriction and its underlying
  269  reasons in the patient’s clinical file within 24 hours, and this
  270  document must immediately written notice of such restriction and
  271  the reasons for the restriction shall be served on the patient,
  272  the patient’s attorney, and the patient’s guardian, guardian
  273  advocate, or representative. A qualified professional must
  274  document any restriction within 24 hours, and such restriction
  275  shall be recorded on the patient’s clinical record with the
  276  reasons therefor. The restriction of a patient’s right to
  277  communicate or to receive visitors shall be reviewed at least
  278  every 3 days. The right to communicate or receive visitors shall
  279  not be restricted as a means of punishment. Nothing in this
  280  paragraph shall be construed to limit the provisions of
  281  paragraph (e).
  282         Section 4. Paragraph (d) of subsection (2) of section
  283  394.4599, Florida Statutes, is amended to read:
  284         394.4599 Notice.—
  285         (2) INVOLUNTARY ADMISSION.—
  286         (d) The written notice of the filing of the petition for
  287  involuntary services for an individual being held must contain
  288  the following:
  289         1. Notice that the petition for:
  290         a. Involuntary services inpatient treatment pursuant to s.
  291  394.467 has been filed with the circuit court and the address of
  292  such court in the county in which the individual is hospitalized
  293  and the address of such court; or
  294         b. Involuntary outpatient services pursuant to s. 394.4655
  295  has been filed with the criminal county court, as defined in s.
  296  394.4655(1), or the circuit court, as applicable, in the county
  297  in which the individual is hospitalized and the address of such
  298  court.
  299         2. Notice that the office of the public defender has been
  300  appointed to represent the individual in the proceeding, if the
  301  individual is not otherwise represented by counsel.
  302         3. The date, time, and place of the hearing and the name of
  303  each examining expert and every other person expected to testify
  304  in support of continued detention.
  305         4. Notice that the individual, the individual’s guardian,
  306  guardian advocate, health care surrogate or proxy, or
  307  representative, or the administrator may apply for a change of
  308  venue for the convenience of the parties or witnesses or because
  309  of the condition of the individual.
  310         5. Notice that the individual is entitled to an independent
  311  expert examination and, if the individual cannot afford such an
  312  examination, that the court will provide for one.
  313         Section 5. Subsection (2) and paragraph (d) of subsection
  314  (4) of section 394.461, Florida Statutes, are amended to read:
  315         394.461 Designation of receiving and treatment facilities
  316  and receiving systems.—The department is authorized to designate
  317  and monitor receiving facilities, treatment facilities, and
  318  receiving systems and may suspend or withdraw such designation
  319  for failure to comply with this part and rules adopted under
  320  this part. The department may issue a conditional designation
  321  for up to 60 days to allow the implementation of corrective
  322  measures. 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 shall not be admitted
  328  to a state treatment facility without previously undergoing a
  329  transfer evaluation. Before the close of the state’s case in
  330  chief in a court hearing for involuntary placement in a state
  331  treatment facility, the state may establish that the transfer
  332  evaluation was performed and the document properly executed by
  333  providing the court with a copy of the transfer evaluation. The
  334  court may not shall receive and consider the substantive
  335  information documented in the transfer evaluation unless the
  336  evaluator testifies at the hearing. Any other facility,
  337  including a private facility or a federal facility, may be
  338  designated as a treatment facility by the department, provided
  339  that such designation is agreed to by the appropriate governing
  340  body or authority of the facility.
  341         (4) REPORTING REQUIREMENTS.—
  342         (d) The department shall issue an annual report based on
  343  the data required pursuant to this subsection. The report shall
  344  include individual facilities’ data, as well as statewide
  345  totals. The report shall be posted on the department’s website
  346  submitted to the Governor, the President of the Senate, and the
  347  Speaker of the House of Representatives.
  348         Section 6. Section 394.462, Florida Statutes, is amended to
  349  read:
  350         394.462 Transportation.—A transportation plan shall be
  351  developed and implemented by each county in collaboration with
  352  the managing entity in accordance with this section. A county
  353  may enter into a memorandum of understanding with the governing
  354  boards of nearby counties to establish a shared transportation
  355  plan. When multiple counties enter into a memorandum of
  356  understanding for this purpose, the counties shall notify the
  357  managing entity and provide it with a copy of the agreement. The
  358  transportation plan shall describe methods of transport to a
  359  facility within the designated receiving system for individuals
  360  subject to involuntary examination under s. 394.463 or
  361  involuntary admission under s. 397.6772, s. 397.679, s.
  362  397.6798, or s. 397.6957 s. 397.6811, and may identify
  363  responsibility for other transportation to a participating
  364  facility when necessary and agreed to by the facility. The plan
  365  may rely on emergency medical transport services or private
  366  transport companies, as appropriate. The plan shall comply with
  367  the transportation provisions of this section and ss. 397.6772,
  368  397.6795, 397.6822, and 397.697.
  369         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  370         (a) Each county shall designate a single law enforcement
  371  agency within the county, or portions thereof, to take a person
  372  into custody upon the entry of an ex parte order or the
  373  execution of a certificate for involuntary examination by an
  374  authorized professional and to transport that person to the
  375  appropriate facility within the designated receiving system
  376  pursuant to a transportation plan.
  377         (b)1. The designated law enforcement agency may decline to
  378  transport the person to a receiving facility only if:
  379         a. The jurisdiction designated by the county has contracted
  380  on an annual basis with an emergency medical transport service
  381  or private transport company for transportation of persons to
  382  receiving facilities pursuant to this section at the sole cost
  383  of the county; and
  384         b. The law enforcement agency and the emergency medical
  385  transport service or private transport company agree that the
  386  continued presence of law enforcement personnel is not necessary
  387  for the safety of the person or others.
  388         2. The entity providing transportation may seek
  389  reimbursement for transportation expenses. The party responsible
  390  for payment for such transportation is the person receiving the
  391  transportation. The county shall seek reimbursement from the
  392  following sources in the following order:
  393         a. From a private or public third-party payor, if the
  394  person receiving the transportation has applicable coverage.
  395         b. From the person receiving the transportation.
  396         c. From a financial settlement for medical care, treatment,
  397  hospitalization, or transportation payable or accruing to the
  398  injured party.
  399         (c) A company that transports a patient pursuant to this
  400  subsection is considered an independent contractor and is solely
  401  liable for the safe and dignified transport of the patient. Such
  402  company must be insured and provide no less than $100,000 in
  403  liability insurance with respect to the transport of patients.
  404         (d) Any company that contracts with a governing board of a
  405  county to transport patients shall comply with the applicable
  406  rules of the department to ensure the safety and dignity of
  407  patients.
  408         (e) When a law enforcement officer takes custody of a
  409  person pursuant to this part, the officer may request assistance
  410  from emergency medical personnel if such assistance is needed
  411  for the safety of the officer or the person in custody.
  412         (f) When a member of a mental health overlay program or a
  413  mobile crisis response service is a professional authorized to
  414  initiate an involuntary examination pursuant to s. 394.463 or s.
  415  397.675 and that professional evaluates a person and determines
  416  that transportation to a receiving facility is needed, the
  417  service, at its discretion, may transport the person to the
  418  facility or may call on the law enforcement agency or other
  419  transportation arrangement best suited to the needs of the
  420  patient.
  421         (g) When any law enforcement officer has custody of a
  422  person based on either noncriminal or minor criminal behavior
  423  that meets the statutory guidelines for involuntary examination
  424  pursuant to s. 394.463, the law enforcement officer shall
  425  transport the person to the appropriate facility within the
  426  designated receiving system pursuant to a transportation plan.
  427  Persons who meet the statutory guidelines for involuntary
  428  admission pursuant to s. 397.675 may also be transported by law
  429  enforcement officers to the extent resources are available and
  430  as otherwise provided by law. Such persons shall be transported
  431  to an appropriate facility within the designated receiving
  432  system pursuant to a transportation plan.
  433         (h) When any law enforcement officer has arrested a person
  434  for a felony and it appears that the person meets the statutory
  435  guidelines for involuntary examination or placement under this
  436  part, such person must first be processed in the same manner as
  437  any other criminal suspect. The law enforcement agency shall
  438  thereafter immediately notify the appropriate facility within
  439  the designated receiving system pursuant to a transportation
  440  plan. The receiving facility shall be responsible for promptly
  441  arranging for the examination and treatment of the person. A
  442  receiving facility is not required to admit a person charged
  443  with a crime for whom the facility determines and documents that
  444  it is unable to provide adequate security, but shall provide
  445  examination and treatment to the person where he or she is held.
  446         (i) If the appropriate law enforcement officer believes
  447  that a person has an emergency medical condition as defined in
  448  s. 395.002, the person may be first transported to a hospital
  449  for emergency medical treatment, regardless of whether the
  450  hospital is a designated receiving facility.
  451         (j) The costs of transportation, evaluation,
  452  hospitalization, and treatment incurred under this subsection by
  453  persons who have been arrested for violations of any state law
  454  or county or municipal ordinance may be recovered as provided in
  455  s. 901.35.
  456         (k) The appropriate facility within the designated
  457  receiving system pursuant to a transportation plan must accept
  458  persons brought by law enforcement officers, or an emergency
  459  medical transport service or a private transport company
  460  authorized by the county, for involuntary examination pursuant
  461  to s. 394.463.
  462         (l) The appropriate facility within the designated
  463  receiving system pursuant to a transportation plan must provide
  464  persons brought by law enforcement officers, or an emergency
  465  medical transport service or a private transport company
  466  authorized by the county, pursuant to s. 397.675, a basic
  467  screening or triage sufficient to refer the person to the
  468  appropriate services.
  469         (m) Each law enforcement agency designated pursuant to
  470  paragraph (a) shall establish a policy that reflects a single
  471  set of protocols for the safe and secure transportation and
  472  transfer of custody of the person. Each law enforcement agency
  473  shall provide a copy of the protocols to the managing entity.
  474         (n) When a jurisdiction has entered into a contract with an
  475  emergency medical transport service or a private transport
  476  company for transportation of persons to facilities within the
  477  designated receiving system, such service or company shall be
  478  given preference for transportation of persons from nursing
  479  homes, assisted living facilities, adult day care centers, or
  480  adult family-care homes, unless the behavior of the person being
  481  transported is such that transportation by a law enforcement
  482  officer is necessary.
  483         (o) This section may not be construed to limit emergency
  484  examination and treatment of incapacitated persons provided in
  485  accordance with s. 401.445.
  486         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  487         (a) If neither the patient nor any person legally obligated
  488  or responsible for the patient is able to pay for the expense of
  489  transporting a voluntary or involuntary patient to a treatment
  490  facility, the transportation plan established by the governing
  491  board of the county or counties must specify how the
  492  hospitalized patient will be transported to, from, and between
  493  facilities in a safe and dignified manner.
  494         (b) A company that transports a patient pursuant to this
  495  subsection is considered an independent contractor and is solely
  496  liable for the safe and dignified transportation of the patient.
  497  Such company must be insured and provide no less than $100,000
  498  in liability insurance with respect to the transport of
  499  patients.
  500         (c) A company that contracts with one or more counties to
  501  transport patients in accordance with this section shall comply
  502  with the applicable rules of the department to ensure the safety
  503  and dignity of patients.
  504         (d) County or municipal law enforcement and correctional
  505  personnel and equipment may not be used to transport patients
  506  adjudicated incapacitated or found by the court to meet the
  507  criteria for involuntary placement pursuant to s. 394.467,
  508  except in small rural counties where there are no cost-efficient
  509  alternatives.
  510         (3) TRANSFER OF CUSTODY.—Custody of a person who is
  511  transported pursuant to this part, along with related
  512  documentation, shall be relinquished to a responsible individual
  513  at the appropriate receiving or treatment facility.
  514         Section 7. Subsection (3) of section 394.4615, Florida
  515  Statutes, is amended to read:
  516         394.4615 Clinical records; confidentiality.—
  517         (3) Information from the clinical record may be released in
  518  the following circumstances:
  519         (a) When a patient has communicated to a service provider a
  520  specific threat to cause serious bodily injury or death to an
  521  identified or a readily available person, if the service
  522  provider reasonably believes, or should reasonably believe
  523  according to the standards of his or her profession, that the
  524  patient has the apparent intent and ability to imminently or
  525  immediately carry out such threat. When such communication has
  526  been made, the administrator may authorize the release of
  527  sufficient information to provide adequate warning to the person
  528  threatened with harm by the patient.
  529         (b) When the administrator of the facility or secretary of
  530  the department deems release to a qualified researcher as
  531  defined in administrative rule, an aftercare treatment provider,
  532  or an employee or agent of the department is necessary for
  533  treatment of the patient, maintenance of adequate records,
  534  compilation of treatment data, aftercare planning, or evaluation
  535  of programs.
  536  
  537  For the purpose of determining whether a person meets the
  538  criteria for involuntary outpatient placement or for preparing
  539  the proposed treatment plan pursuant to s. 394.4655 or s.
  540  394.467, the clinical record may be released to the state
  541  attorney, the public defender or the patient’s private legal
  542  counsel, the court, and to the appropriate mental health
  543  professionals, including the service provider under s. 394.467,
  544  identified in s. 394.4655(7)(b)2., in accordance with state and
  545  federal law.
  546         Section 8. Paragraph (a) of subsection (1) of section
  547  394.4625, Florida Statutes, is amended to read:
  548         394.4625 Voluntary admissions.—
  549         (1) AUTHORITY TO RECEIVE PATIENTS.—
  550         (a) A facility may receive for observation, diagnosis, or
  551  treatment any adult person 18 years of age or older who applies
  552  by express and informed consent for admission or any minor
  553  person age 17 or younger whose parent or legal guardian applies
  554  for admission. Such person may be admitted to the facility if
  555  found to show evidence of mental illness and to be suitable for
  556  treatment, and:,
  557         1.If the person is an adult, is found to be competent to
  558  provide express and informed consent; or
  559         2.If the person is a minor, the parent or legal guardian
  560  provides express and informed consent and the facility performs,
  561  and to be suitable for treatment, such person 18 years of age or
  562  older may be admitted to the facility. A person age 17 or
  563  younger may be admitted only after a clinical review to verify
  564  the voluntariness of the minor’s assent.
  565         Section 9. Subsection (1), paragraphs (a) and (e) through
  566  (h) of subsection (2), and subsection (4) of section 394.463,
  567  Florida Statutes, are amended to read:
  568         394.463 Involuntary examination.—
  569         (1) CRITERIA.—A person may be taken to a receiving facility
  570  for involuntary examination if there is reason to believe that
  571  the person has a mental illness and because of his or her mental
  572  illness:
  573         (a)1. The person has refused voluntary examination after
  574  conscientious explanation and disclosure of the purpose of the
  575  examination; or
  576         2. The person is unable to determine for himself or herself
  577  whether examination is necessary; and
  578         (b)1. Without care or treatment, the person is likely to
  579  suffer from neglect or refuse to care for himself or herself;
  580  such neglect or refusal poses a real and present threat of
  581  substantial harm to his or her well-being; and it is not
  582  apparent that such harm may be avoided through the help of
  583  willing, able, and responsible family members or friends or the
  584  provision of other services; or
  585         2. There is a substantial likelihood that without care or
  586  treatment the person will cause serious bodily harm to himself
  587  or herself or others in the near future, as evidenced by recent
  588  behavior.
  589         (2) INVOLUNTARY EXAMINATION.—
  590         (a) An involuntary examination may be initiated by any one
  591  of the following means:
  592         1. A circuit or county court may enter an ex parte order
  593  stating that a person appears to meet the criteria for
  594  involuntary examination and specifying the findings on which
  595  that conclusion is based. The ex parte order for involuntary
  596  examination must be based on written or oral sworn testimony
  597  that includes specific facts that support the findings. If other
  598  less restrictive means are not available, such as voluntary
  599  appearance for outpatient evaluation, a law enforcement officer,
  600  or other designated agent of the court, shall take the person
  601  into custody and deliver him or her to an appropriate, or the
  602  nearest, facility within the designated receiving system
  603  pursuant to s. 394.462 for involuntary examination. The order of
  604  the court shall be made a part of the patient’s clinical record.
  605  A fee may not be charged for the filing of an order under this
  606  subsection. A facility accepting the patient based on this order
  607  must send a copy of the order to the department within 5 working
  608  days. The order may be submitted electronically through existing
  609  data systems, if available. The order shall be valid only until
  610  the person is delivered to the facility or for the period
  611  specified in the order itself, whichever comes first. If a time
  612  limit is not specified in the order, the order is valid for 7
  613  days after the date that the order was signed.
  614         2. A law enforcement officer may shall take a person who
  615  appears to meet the criteria for involuntary examination into
  616  custody and deliver the person or have him or her delivered to
  617  an appropriate, or the nearest, facility within the designated
  618  receiving system pursuant to s. 394.462 for examination. A law
  619  enforcement officer transporting a person pursuant to this
  620  section subparagraph shall restrain the person in the least
  621  restrictive manner available and appropriate under the
  622  circumstances. The officer shall execute a written report
  623  detailing the circumstances under which the person was taken
  624  into custody, which must be made a part of the patient’s
  625  clinical record. The report must include all emergency contact
  626  information for the person that is readily accessible to the law
  627  enforcement officer, including information available through
  628  electronic databases maintained by the Department of Law
  629  Enforcement or by the Department of Highway Safety and Motor
  630  Vehicles. Such emergency contact information may be used by a
  631  receiving facility only for the purpose of informing listed
  632  emergency contacts of a patient’s whereabouts pursuant to s.
  633  119.0712(2)(d). Any facility accepting the patient based on this
  634  report must send a copy of the report to the department within 5
  635  working days.
  636         3. A physician, a physician assistant, a clinical
  637  psychologist, a psychiatric nurse, an advanced practice
  638  registered nurse registered under s. 464.0123, a mental health
  639  counselor, a marriage and family therapist, or a clinical social
  640  worker may execute a certificate stating that he or she has
  641  examined a person within the preceding 48 hours and finds that
  642  the person appears to meet the criteria for involuntary
  643  examination and stating the observations upon which that
  644  conclusion is based. If other less restrictive means, such as
  645  voluntary appearance for outpatient evaluation, are not
  646  available, a law enforcement officer shall take into custody the
  647  person named in the certificate and deliver him or her to the
  648  appropriate, or nearest, facility within the designated
  649  receiving system pursuant to s. 394.462 for involuntary
  650  examination. The law enforcement officer shall execute a written
  651  report detailing the circumstances under which the person was
  652  taken into custody and containing all emergency contact
  653  information required under subparagraph 2. The report must
  654  include all emergency contact information for the person that is
  655  readily accessible to the law enforcement officer, including
  656  information available through electronic databases maintained by
  657  the Department of Law Enforcement or by the Department of
  658  Highway Safety and Motor Vehicles. Such emergency contact
  659  information may be used by a receiving facility only for the
  660  purpose of informing listed emergency contacts of a patient’s
  661  whereabouts pursuant to s. 119.0712(2)(d). The report and
  662  certificate shall be made a part of the patient’s clinical
  663  record. Any facility accepting the patient based on this
  664  certificate must send a copy of the certificate to the
  665  department within 5 working days. The document may be submitted
  666  electronically through existing data systems, if applicable.
  667  
  668  When sending the order, report, or certificate to the
  669  department, a facility shall, at a minimum, provide information
  670  about which action was taken regarding the patient under
  671  paragraph (g), which information shall also be made a part of
  672  the patient’s clinical record.
  673         (e) The department shall receive and maintain the copies of
  674  ex parte orders, involuntary outpatient services orders issued
  675  pursuant to ss. 394.4655 and 394.467 s. 394.4655, involuntary
  676  inpatient placement orders issued pursuant to s. 394.467,
  677  professional certificates, law enforcement officers’ reports,
  678  and reports relating to the transportation of patients. These
  679  documents shall be considered part of the clinical record,
  680  governed by the provisions of s. 394.4615. These documents shall
  681  be used to prepare annual reports analyzing the data obtained
  682  from these documents, without including patients’ personal
  683  identifying information identifying patients, and the department
  684  shall post the reports on its website and provide copies of
  685  reports to the department, the President of the Senate, the
  686  Speaker of the House of Representatives, and the minority
  687  leaders of the Senate and the House of Representatives by
  688  November 30 of each year.
  689         (f) A patient shall be examined by a physician or a
  690  clinical psychologist, or by a psychiatric nurse performing
  691  within the framework of an established protocol with a
  692  psychiatrist at a facility without unnecessary delay to
  693  determine if the criteria for involuntary services are met.
  694  Emergency treatment may be provided upon the order of a
  695  physician if the physician determines that such treatment is
  696  necessary for the safety of the patient or others. The patient
  697  may not be released by the receiving facility or its contractor
  698  without the documented approval of a psychiatrist, or a clinical
  699  psychologist, or, if the receiving facility is owned or operated
  700  by a hospital, health system, or nationally accredited community
  701  mental health center, the release may also be approved by a
  702  psychiatric nurse performing within the framework of an
  703  established protocol with a psychiatrist, or an attending
  704  emergency department physician with experience in the diagnosis
  705  and treatment of mental illness after completion of an
  706  involuntary examination pursuant to this subsection. A
  707  psychiatric nurse may not approve the release of a patient if
  708  the involuntary examination was initiated by a psychiatrist
  709  unless the release is approved by the initiating psychiatrist.
  710  The release may be approved through telehealth.
  711         (g) The examination period must be for up to 72 hours and
  712  begins when a patient arrives at the receiving facility. For a
  713  minor, the examination shall be initiated within 12 hours after
  714  the patient’s arrival at the facility. Within the examination
  715  period, one of the following actions must be taken, based on the
  716  individual needs of the patient:
  717         1. The patient shall be released, unless he or she is
  718  charged with a crime, in which case the patient shall be
  719  returned to the custody of a law enforcement officer;
  720         2. The patient shall be released, subject to subparagraph
  721  1., for voluntary outpatient treatment;
  722         3. The patient, unless he or she is charged with a crime,
  723  shall be asked to give express and informed consent to placement
  724  as a voluntary patient and, if such consent is given, the
  725  patient shall be admitted as a voluntary patient; or
  726         4. A petition for involuntary services shall be filed in
  727  the circuit court if inpatient treatment is deemed necessary or
  728  with the criminal county court, as described in s. 394.4655
  729  defined in s. 394.4655(1), as applicable. When inpatient
  730  treatment is deemed necessary, the least restrictive treatment
  731  consistent with the optimum improvement of the patient’s
  732  condition shall be made available. The petition When a petition
  733  is to be filed for involuntary outpatient placement, it shall be
  734  filed by one of the petitioners specified in s. 394.4655(4)(a).
  735  A petition for involuntary inpatient placement shall be filed by
  736  the facility administrator, and the court shall dismiss an
  737  untimely filed petition. If a patient’s 72-hour examination
  738  period ends on a weekend or holiday, including the hours before
  739  the ordinary business hours of the following workday morning,
  740  and the receiving facility:
  741         a. Intends to file a petition for involuntary services,
  742  such patient may be held at the a receiving facility through the
  743  next working day thereafter and the such petition for
  744  involuntary services must be filed no later than such date. If
  745  the receiving facility fails to file the a petition by for
  746  involuntary services at the ordinary close of business on the
  747  next working day, the patient shall be released from the
  748  receiving facility following approval pursuant to paragraph (f).
  749         b. Does not intend to file a petition for involuntary
  750  services, the a receiving facility may postpone release of a
  751  patient until the next working day thereafter only if a
  752  qualified professional documents that adequate discharge
  753  planning and procedures in accordance with s. 394.468, and
  754  approval pursuant to paragraph (f), are not possible until the
  755  next working day.
  756         (h) A person for whom an involuntary examination has been
  757  initiated who is being evaluated or treated at a hospital for an
  758  emergency medical condition specified in s. 395.002 must be
  759  examined by a facility within the examination period specified
  760  in paragraph (g). The examination period begins when the patient
  761  arrives at the hospital and ceases when the attending physician
  762  documents that the patient has an emergency medical condition.
  763  If the patient is examined at a hospital providing emergency
  764  medical services by a professional qualified to perform an
  765  involuntary examination and is found as a result of that
  766  examination not to meet the criteria for involuntary outpatient
  767  services pursuant to s. 394.4655 s. 394.4655(2) or s. 394.467
  768  involuntary inpatient placement pursuant to s. 394.467(1), the
  769  patient may be offered voluntary outpatient or inpatient
  770  services or placement, if appropriate, or released directly from
  771  the hospital providing emergency medical services. The finding
  772  by the professional that the patient has been examined and does
  773  not meet the criteria for involuntary inpatient services or
  774  involuntary outpatient placement must be entered into the
  775  patient’s clinical record. This paragraph is not intended to
  776  prevent a hospital providing emergency medical services from
  777  appropriately transferring a patient to another hospital before
  778  stabilization if the requirements of s. 395.1041(3)(c) have been
  779  met.
  780         (4) DATA ANALYSIS.—
  781         (a) Using data collected under paragraph (2)(a) and s.
  782  1006.07(10), the department shall, at a minimum, analyze data on
  783  both the initiation of involuntary examinations of children and
  784  the initiation of involuntary examinations of students who are
  785  removed from a school; identify any patterns or trends and cases
  786  in which involuntary examinations are repeatedly initiated on
  787  the same child or student; study root causes for such patterns,
  788  trends, or repeated involuntary examinations; and make
  789  recommendations to encourage the use of alternatives to
  790  eliminate inappropriate initiations of such examinations.
  791         (b)The department and the Agency for Health Care
  792  Administration shall analyze service data collected on
  793  individuals who, as defined by the department and the agency,
  794  are high utilizers of crisis stabilization services provided in
  795  designated receiving facilities, and shall, at a minimum,
  796  identify any patterns or trends and make recommendations to
  797  decrease avoidable admissions. Recommendations may be addressed
  798  in the department’s contracts with the behavioral health
  799  managing entities and in the agency’s contracts with the
  800  Medicaid managed medical assistance plans.
  801         (c)  The department shall publish submit a report on its
  802  findings and recommendations on its website and submit the
  803  report to the Governor, the President of the Senate, and the
  804  Speaker of the House of Representatives by November 1 of each
  805  odd-numbered year.
  806         Section 10. Section 394.4655, Florida Statutes, is amended
  807  to read:
  808         394.4655 Involuntary outpatient services.—
  809         (1) DEFINITIONS.—As used in this section, the term:
  810         (a) “Court” means a circuit court or a criminal county
  811  court.
  812         (b) “Criminal county court” means a county court exercising
  813  its original jurisdiction in a misdemeanor case under s. 34.01.
  814         (c)“Involuntary outpatient placement” means involuntary
  815  outpatient services as defined in s. 394.476.
  816         (2) INVOLUNTARY PLACEMENT.—A criminal county court may
  817  order an individual to involuntary outpatient placement under s.
  818  394.467. CRITERIA FOR INVOLUNTARY OUTPATIENT SERVICES.—A person
  819  may be ordered to involuntary outpatient services upon a finding
  820  of the court, by clear and convincing evidence, that the person
  821  meets all of the following criteria:
  822         (a) The person is 18 years of age or older.
  823         (b) The person has a mental illness.
  824         (c) The person is unlikely to survive safely in the
  825  community without supervision, based on a clinical
  826  determination.
  827         (d) The person has a history of lack of compliance with
  828  treatment for mental illness.
  829         (e) The person has:
  830         1. At least twice within the immediately preceding 36
  831  months been involuntarily admitted to a receiving or treatment
  832  facility as defined in s. 394.455, or has received mental health
  833  services in a forensic or correctional facility. The 36-month
  834  period does not include any period during which the person was
  835  admitted or incarcerated; or
  836         2. Engaged in one or more acts of serious violent behavior
  837  toward self or others, or attempts at serious bodily harm to
  838  himself or herself or others, within the preceding 36 months.
  839         (f) The person is, as a result of his or her mental
  840  illness, unlikely to voluntarily participate in the recommended
  841  treatment plan and has refused voluntary services for treatment
  842  after sufficient and conscientious explanation and disclosure of
  843  why the services are necessary or is unable to determine for
  844  himself or herself whether services are necessary.
  845         (g) In view of the person’s treatment history and current
  846  behavior, the person is in need of involuntary outpatient
  847  services in order to prevent a relapse or deterioration that
  848  would be likely to result in serious bodily harm to himself or
  849  herself or others, or a substantial harm to his or her well
  850  being as set forth in s. 394.463(1).
  851         (h) It is likely that the person will benefit from
  852  involuntary outpatient services.
  853         (i) All available, less restrictive alternatives that would
  854  offer an opportunity for improvement of his or her condition
  855  have been judged to be inappropriate or unavailable.
  856         (3) INVOLUNTARY OUTPATIENT SERVICES.—
  857         (a)1. A patient who is being recommended for involuntary
  858  outpatient services by the administrator of the facility where
  859  the patient has been examined may be retained by the facility
  860  after adherence to the notice procedures provided in s.
  861  394.4599. The recommendation must be supported by the opinion of
  862  a psychiatrist and the second opinion of a clinical psychologist
  863  or another psychiatrist, both of whom have personally examined
  864  the patient within the preceding 72 hours, that the criteria for
  865  involuntary outpatient services are met. However, if the
  866  administrator certifies that a psychiatrist or clinical
  867  psychologist is not available to provide the second opinion, the
  868  second opinion may be provided by a licensed physician who has
  869  postgraduate training and experience in diagnosis and treatment
  870  of mental illness, a physician assistant who has at least 3
  871  years’ experience and is supervised by such licensed physician
  872  or a psychiatrist, a clinical social worker, or by a psychiatric
  873  nurse. Any second opinion authorized in this subparagraph may be
  874  conducted through a face-to-face examination, in person or by
  875  electronic means. Such recommendation must be entered on an
  876  involuntary outpatient services certificate that authorizes the
  877  facility to retain the patient pending completion of a hearing.
  878  The certificate must be made a part of the patient’s clinical
  879  record.
  880         2. If the patient has been stabilized and no longer meets
  881  the criteria for involuntary examination pursuant to s.
  882  394.463(1), the patient must be released from the facility while
  883  awaiting the hearing for involuntary outpatient services. Before
  884  filing a petition for involuntary outpatient services, the
  885  administrator of the facility or a designated department
  886  representative must identify the service provider that will have
  887  primary responsibility for service provision under an order for
  888  involuntary outpatient services, unless the person is otherwise
  889  participating in outpatient psychiatric treatment and is not in
  890  need of public financing for that treatment, in which case the
  891  individual, if eligible, may be ordered to involuntary treatment
  892  pursuant to the existing psychiatric treatment relationship.
  893         3. The service provider shall prepare a written proposed
  894  treatment plan in consultation with the patient or the patient’s
  895  guardian advocate, if appointed, for the court’s consideration
  896  for inclusion in the involuntary outpatient services order that
  897  addresses the nature and extent of the mental illness and any
  898  co-occurring substance use disorder that necessitate involuntary
  899  outpatient services. The treatment plan must specify the likely
  900  level of care, including the use of medication, and anticipated
  901  discharge criteria for terminating involuntary outpatient
  902  services. Service providers may select and supervise other
  903  individuals to implement specific aspects of the treatment plan.
  904  The services in the plan must be deemed clinically appropriate
  905  by a physician, clinical psychologist, psychiatric nurse, mental
  906  health counselor, marriage and family therapist, or clinical
  907  social worker who consults with, or is employed or contracted
  908  by, the service provider. The service provider must certify to
  909  the court in the proposed plan whether sufficient services for
  910  improvement and stabilization are currently available and
  911  whether the service provider agrees to provide those services.
  912  If the service provider certifies that the services in the
  913  proposed treatment plan are not available, the petitioner may
  914  not file the petition. The service provider must notify the
  915  managing entity if the requested services are not available. The
  916  managing entity must document such efforts to obtain the
  917  requested services.
  918         (b) If a patient in involuntary inpatient placement meets
  919  the criteria for involuntary outpatient services, the
  920  administrator of the facility may, before the expiration of the
  921  period during which the facility is authorized to retain the
  922  patient, recommend involuntary outpatient services. The
  923  recommendation must be supported by the opinion of a
  924  psychiatrist and the second opinion of a clinical psychologist
  925  or another psychiatrist, both of whom have personally examined
  926  the patient within the preceding 72 hours, that the criteria for
  927  involuntary outpatient services are met. However, if the
  928  administrator certifies that a psychiatrist or clinical
  929  psychologist is not available to provide the second opinion, the
  930  second opinion may be provided by a licensed physician who has
  931  postgraduate training and experience in diagnosis and treatment
  932  of mental illness, a physician assistant who has at least 3
  933  years’ experience and is supervised by such licensed physician
  934  or a psychiatrist, a clinical social worker, or by a psychiatric
  935  nurse. Any second opinion authorized in this subparagraph may be
  936  conducted through a face-to-face examination, in person or by
  937  electronic means. Such recommendation must be entered on an
  938  involuntary outpatient services certificate, and the certificate
  939  must be made a part of the patient’s clinical record.
  940         (c)1. The administrator of the treatment facility shall
  941  provide a copy of the involuntary outpatient services
  942  certificate and a copy of the state mental health discharge form
  943  to the managing entity in the county where the patient will be
  944  residing. For persons who are leaving a state mental health
  945  treatment facility, the petition for involuntary outpatient
  946  services must be filed in the county where the patient will be
  947  residing.
  948         2. The service provider that will have primary
  949  responsibility for service provision shall be identified by the
  950  designated department representative before the order for
  951  involuntary outpatient services and must, before filing a
  952  petition for involuntary outpatient services, certify to the
  953  court whether the services recommended in the patient’s
  954  discharge plan are available and whether the service provider
  955  agrees to provide those services. The service provider must
  956  develop with the patient, or the patient’s guardian advocate, if
  957  appointed, a treatment or service plan that addresses the needs
  958  identified in the discharge plan. The plan must be deemed to be
  959  clinically appropriate by a physician, clinical psychologist,
  960  psychiatric nurse, mental health counselor, marriage and family
  961  therapist, or clinical social worker, as defined in this
  962  chapter, who consults with, or is employed or contracted by, the
  963  service provider.
  964         3. If the service provider certifies that the services in
  965  the proposed treatment or service plan are not available, the
  966  petitioner may not file the petition. The service provider must
  967  notify the managing entity if the requested services are not
  968  available. The managing entity must document such efforts to
  969  obtain the requested services.
  970         (4) PETITION FOR INVOLUNTARY OUTPATIENT SERVICES.—
  971         (a) A petition for involuntary outpatient services may be
  972  filed by:
  973         1. The administrator of a receiving facility; or
  974         2. The administrator of a treatment facility.
  975         (b) Each required criterion for involuntary outpatient
  976  services must be alleged and substantiated in the petition for
  977  involuntary outpatient services. A copy of the certificate
  978  recommending involuntary outpatient services completed by a
  979  qualified professional specified in subsection (3) must be
  980  attached to the petition. A copy of the proposed treatment plan
  981  must be attached to the petition. Before the petition is filed,
  982  the service provider shall certify that the services in the
  983  proposed plan are available. If the necessary services are not
  984  available, the petition may not be filed. The service provider
  985  must notify the managing entity if the requested services are
  986  not available. The managing entity must document such efforts to
  987  obtain the requested services.
  988         (c) The petition for involuntary outpatient services must
  989  be filed in the county where the patient is located, unless the
  990  patient is being placed from a state treatment facility, in
  991  which case the petition must be filed in the county where the
  992  patient will reside. When the petition has been filed, the clerk
  993  of the court shall provide copies of the petition and the
  994  proposed treatment plan to the department, the managing entity,
  995  the patient, the patient’s guardian or representative, the state
  996  attorney, and the public defender or the patient’s private
  997  counsel. A fee may not be charged for filing a petition under
  998  this subsection.
  999         (5) APPOINTMENT OF COUNSEL.—Within 1 court working day
 1000  after the filing of a petition for involuntary outpatient
 1001  services, the court shall appoint the public defender to
 1002  represent the person who is the subject of the petition, unless
 1003  the person is otherwise represented by counsel. The clerk of the
 1004  court shall immediately notify the public defender of the
 1005  appointment. The public defender shall represent the person
 1006  until the petition is dismissed, the court order expires, or the
 1007  patient is discharged from involuntary outpatient services. An
 1008  attorney who represents the patient must be provided access to
 1009  the patient, witnesses, and records relevant to the presentation
 1010  of the patient’s case and shall represent the interests of the
 1011  patient, regardless of the source of payment to the attorney.
 1012         (6) CONTINUANCE OF HEARING.—The patient is entitled, with
 1013  the concurrence of the patient’s counsel, to at least one
 1014  continuance of the hearing. The continuance shall be for a
 1015  period of up to 4 weeks.
 1016         (7) HEARING ON INVOLUNTARY OUTPATIENT SERVICES.—
 1017         (a)1. The court shall hold the hearing on involuntary
 1018  outpatient services within 5 working days after the filing of
 1019  the petition, unless a continuance is granted. The hearing must
 1020  be held in the county where the petition is filed, must be as
 1021  convenient to the patient as is consistent with orderly
 1022  procedure, and must be conducted in physical settings not likely
 1023  to be injurious to the patient’s condition. If the court finds
 1024  that the patient’s attendance at the hearing is not consistent
 1025  with the best interests of the patient and if the patient’s
 1026  counsel does not object, the court may waive the presence of the
 1027  patient from all or any portion of the hearing. The state
 1028  attorney for the circuit in which the patient is located shall
 1029  represent the state, rather than the petitioner, as the real
 1030  party in interest in the proceeding.
 1031         2. The court may appoint a magistrate to preside at the
 1032  hearing. One of the professionals who executed the involuntary
 1033  outpatient services certificate shall be a witness. The patient
 1034  and the patient’s guardian or representative shall be informed
 1035  by the court of the right to an independent expert examination.
 1036  If the patient cannot afford such an examination, the court
 1037  shall ensure that one is provided, as otherwise provided by law.
 1038  The independent expert’s report is confidential and not
 1039  discoverable, unless the expert is to be called as a witness for
 1040  the patient at the hearing. The court shall allow testimony from
 1041  individuals, including family members, deemed by the court to be
 1042  relevant under state law, regarding the person’s prior history
 1043  and how that prior history relates to the person’s current
 1044  condition. The testimony in the hearing must be given under
 1045  oath, and the proceedings must be recorded. The patient may
 1046  refuse to testify at the hearing.
 1047         (b)1. If the court concludes that the patient meets the
 1048  criteria for involuntary outpatient services pursuant to
 1049  subsection (2), the court shall issue an order for involuntary
 1050  outpatient services. The court order shall be for a period of up
 1051  to 90 days. The order must specify the nature and extent of the
 1052  patient’s mental illness. The order of the court and the
 1053  treatment plan must be made part of the patient’s clinical
 1054  record. The service provider shall discharge a patient from
 1055  involuntary outpatient services when the order expires or any
 1056  time the patient no longer meets the criteria for involuntary
 1057  placement. Upon discharge, the service provider shall send a
 1058  certificate of discharge to the court.
 1059         2. The court may not order the department or the service
 1060  provider to provide services if the program or service is not
 1061  available in the patient’s local community, if there is no space
 1062  available in the program or service for the patient, or if
 1063  funding is not available for the program or service. The service
 1064  provider must notify the managing entity if the requested
 1065  services are not available. The managing entity must document
 1066  such efforts to obtain the requested services. A copy of the
 1067  order must be sent to the managing entity by the service
 1068  provider within 1 working day after it is received from the
 1069  court. The order may be submitted electronically through
 1070  existing data systems. After the order for involuntary services
 1071  is issued, the service provider and the patient may modify the
 1072  treatment plan. For any material modification of the treatment
 1073  plan to which the patient or, if one is appointed, the patient’s
 1074  guardian advocate agrees, the service provider shall send notice
 1075  of the modification to the court. Any material modifications of
 1076  the treatment plan which are contested by the patient or the
 1077  patient’s guardian advocate, if applicable, must be approved or
 1078  disapproved by the court consistent with subsection (3).
 1079         3. If, in the clinical judgment of a physician, the patient
 1080  has failed or has refused to comply with the treatment ordered
 1081  by the court, and, in the clinical judgment of the physician,
 1082  efforts were made to solicit compliance and the patient may meet
 1083  the criteria for involuntary examination, a person may be
 1084  brought to a receiving facility pursuant to s. 394.463. If,
 1085  after examination, the patient does not meet the criteria for
 1086  involuntary inpatient placement pursuant to s. 394.467, the
 1087  patient must be discharged from the facility. The involuntary
 1088  outpatient services order shall remain in effect unless the
 1089  service provider determines that the patient no longer meets the
 1090  criteria for involuntary outpatient services or until the order
 1091  expires. The service provider must determine whether
 1092  modifications should be made to the existing treatment plan and
 1093  must attempt to continue to engage the patient in treatment. For
 1094  any material modification of the treatment plan to which the
 1095  patient or the patient’s guardian advocate, if applicable,
 1096  agrees, the service provider shall send notice of the
 1097  modification to the court. Any material modifications of the
 1098  treatment plan which are contested by the patient or the
 1099  patient’s guardian advocate, if applicable, must be approved or
 1100  disapproved by the court consistent with subsection (3).
 1101         (c) If, at any time before the conclusion of the initial
 1102  hearing on involuntary outpatient services, it appears to the
 1103  court that the person does not meet the criteria for involuntary
 1104  outpatient services under this section but, instead, meets the
 1105  criteria for involuntary inpatient placement, the court may
 1106  order the person admitted for involuntary inpatient examination
 1107  under s. 394.463. If the person instead meets the criteria for
 1108  involuntary assessment, protective custody, or involuntary
 1109  admission pursuant to s. 397.675, the court may order the person
 1110  to be admitted for involuntary assessment for a period of 5 days
 1111  pursuant to s. 397.6811. Thereafter, all proceedings are
 1112  governed by chapter 397.
 1113         (d) At the hearing on involuntary outpatient services, the
 1114  court shall consider testimony and evidence regarding the
 1115  patient’s competence to consent to services. If the court finds
 1116  that the patient is incompetent to consent to treatment, it
 1117  shall appoint a guardian advocate as provided in s. 394.4598.
 1118  The guardian advocate shall be appointed or discharged in
 1119  accordance with s. 394.4598.
 1120         (e) The administrator of the receiving facility or the
 1121  designated department representative shall provide a copy of the
 1122  court order and adequate documentation of a patient’s mental
 1123  illness to the service provider for involuntary outpatient
 1124  services. Such documentation must include any advance directives
 1125  made by the patient, a psychiatric evaluation of the patient,
 1126  and any evaluations of the patient performed by a psychologist
 1127  or a clinical social worker.
 1128         (8) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 1129  SERVICES.—
 1130         (a)1. If the person continues to meet the criteria for
 1131  involuntary outpatient services, the service provider shall, at
 1132  least 10 days before the expiration of the period during which
 1133  the treatment is ordered for the person, file in the court that
 1134  issued the order for involuntary outpatient services a petition
 1135  for continued involuntary outpatient services. The court shall
 1136  immediately schedule a hearing on the petition to be held within
 1137  15 days after the petition is filed.
 1138         2. The existing involuntary outpatient services order
 1139  remains in effect until disposition on the petition for
 1140  continued involuntary outpatient services.
 1141         3. A certificate shall be attached to the petition which
 1142  includes a statement from the person’s physician or clinical
 1143  psychologist justifying the request, a brief description of the
 1144  patient’s treatment during the time he or she was receiving
 1145  involuntary services, and an individualized plan of continued
 1146  treatment.
 1147         4. The service provider shall develop the individualized
 1148  plan of continued treatment in consultation with the patient or
 1149  the patient’s guardian advocate, if applicable. When the
 1150  petition has been filed, the clerk of the court shall provide
 1151  copies of the certificate and the individualized plan of
 1152  continued services to the department, the patient, the patient’s
 1153  guardian advocate, the state attorney, and the patient’s private
 1154  counsel or the public defender.
 1155         (b) Within 1 court working day after the filing of a
 1156  petition for continued involuntary outpatient services, the
 1157  court shall appoint the public defender to represent the person
 1158  who is the subject of the petition, unless the person is
 1159  otherwise represented by counsel. The clerk of the court shall
 1160  immediately notify the public defender of such appointment. The
 1161  public defender shall represent the person until the petition is
 1162  dismissed or the court order expires or the patient is
 1163  discharged from involuntary outpatient services. Any attorney
 1164  representing the patient shall have access to the patient,
 1165  witnesses, and records relevant to the presentation of the
 1166  patient’s case and shall represent the interests of the patient,
 1167  regardless of the source of payment to the attorney.
 1168         (c) Hearings on petitions for continued involuntary
 1169  outpatient services must be before the court that issued the
 1170  order for involuntary outpatient services. The court may appoint
 1171  a magistrate to preside at the hearing. The procedures for
 1172  obtaining an order pursuant to this paragraph must meet the
 1173  requirements of subsection (7), except that the time period
 1174  included in paragraph (2)(e) is not applicable in determining
 1175  the appropriateness of additional periods of involuntary
 1176  outpatient placement.
 1177         (d) Notice of the hearing must be provided as set forth in
 1178  s. 394.4599. The patient and the patient’s attorney may agree to
 1179  a period of continued outpatient services without a court
 1180  hearing.
 1181         (e) The same procedure must be repeated before the
 1182  expiration of each additional period the patient is placed in
 1183  treatment.
 1184         (f) If the patient has previously been found incompetent to
 1185  consent to treatment, the court shall consider testimony and
 1186  evidence regarding the patient’s competence. Section 394.4598
 1187  governs the discharge of the guardian advocate if the patient’s
 1188  competency to consent to treatment has been restored.
 1189         Section 11. Section 394.467, Florida Statutes, is amended
 1190  to read:
 1191         (Substantial rewording of section. See
 1192         s. 394.467, F.S., for present text.)
 1193         394.467 Involuntary services.—
 1194         (1)DEFINITIONS.—As used in this section, the term:
 1195         (a)“Court” means a circuit court.
 1196         (b)“Involuntary inpatient placement” means services
 1197  provided on an inpatient basis to a person 18 years of age or
 1198  older who does not voluntarily consent to services under this
 1199  chapter, or a minor who does not voluntarily assent to services.
 1200         (c)“Involuntary outpatient services” means services
 1201  provided on an outpatient basis to a person who does not
 1202  voluntarily consent to services under this chapter.
 1203         (2)CRITERIA FOR INVOLUNTARY SERVICE.—A person may be
 1204  ordered to involuntary services upon a finding of the court, by
 1205  clear and convincing evidence, that the person meets the
 1206  following criteria:
 1207         (a)The person has a mental illness and because of that
 1208  mental illness:
 1209         1.a.Is unlikely to voluntarily participate in the
 1210  recommended treatment plan and has refused voluntary services or
 1211  voluntary inpatient placement for treatment after sufficient and
 1212  conscientious explanation and disclosure of the purpose of
 1213  treatment; or
 1214         b.Is unable to determine for himself or herself whether
 1215  services or inpatient placement is necessary; and
 1216         2.a.Is unlikely to survive safely in the community without
 1217  supervision, based on clinical determination; or
 1218         b.Is incapable of surviving alone or with the help of
 1219  willing, able, and responsible family or friends, including
 1220  available alternative services, and, without treatment, is
 1221  likely to suffer from neglect or refuse to care for himself or
 1222  herself, and such neglect or refusal poses a real and present
 1223  threat of substantial harm to the person’s well-being; or
 1224         c.Without treatment, there is a substantial likelihood
 1225  that in the near future the person will inflict serious bodily
 1226  harm on self or others, as evidenced by recent behavior causing,
 1227  attempting, or threatening such harm;
 1228         (b)In view of the person’s treatment history and current
 1229  behavior, the person is in need of involuntary outpatient
 1230  services to prevent a relapse or deterioration of his or her
 1231  mental health which would likely result in serious bodily harm
 1232  to himself or others, or a substantial harm to his or her well
 1233  being as set forth in s. 394.463(1);
 1234         (c)The person has a history of lack of compliance with
 1235  treatment for mental illness;
 1236         (d)It is likely that the person will benefit from
 1237  involuntary services; and
 1238         (e)All available less restrictive treatment alternatives
 1239  that would offer an opportunity for improvement of the person’s
 1240  condition have been deemed inappropriate or unavailable.
 1241         (3)RECOMMENDATION FOR INVOLUNTARY SERVICES AND TREATMENT.—
 1242  A patient may be recommended for involuntary inpatient
 1243  placement, involuntary outpatient services, or a combination of
 1244  both.
 1245         (a)A patient may be retained by a facility for involuntary
 1246  services upon the recommendation of the administrator of the
 1247  facility where the patient has been examined and after adherence
 1248  to the notice and hearing procedures provided in s. 394.4599.
 1249  However, if a patient who is being recommended for only
 1250  involuntary outpatient services has been stabilized and no
 1251  longer meets the criteria for involuntary examination pursuant
 1252  to s. 394.463(1), the patient must be released from the facility
 1253  while awaiting the hearing for involuntary outpatient services.
 1254         (b)The recommendation must be supported by the opinion of
 1255  a psychiatrist and the second opinion of a clinical psychologist
 1256  or another psychiatrist, both of whom have personally examined
 1257  the patient within the preceding 72 hours, that the criteria for
 1258  involuntary services are met.
 1259         (c)If a psychiatrist or a clinical psychologist is not
 1260  available to provide a second opinion, the administrator shall
 1261  certify that a psychiatrist or a clinical psychologist is not
 1262  available, and the second opinion may be provided by a licensed
 1263  physician who has postgraduate training and experience in
 1264  diagnosis and treatment of mental illness or by a psychiatric
 1265  nurse. If the patient is being recommended for involuntary
 1266  outpatient services only, the second opinion may also be
 1267  provided by a physician assistant who has at least 3 years’
 1268  experience and is supervised by a licensed physician or a
 1269  psychiatrist, or a clinical social worker.
 1270         (d)Any opinion authorized in this subsection may be
 1271  conducted through a face-to-face examination, in person, or by
 1272  electronic means. Recommendations for involuntary services must
 1273  be entered on an involuntary services certificate, which shall
 1274  be made a part of the patient’s clinical record. The certificate
 1275  must either authorize the facility to retain the patient pending
 1276  completion of a hearing or authorize the facility to retain the
 1277  patient pending transfer to a treatment facility or completion
 1278  of a hearing.
 1279         (4)PETITION FOR INVOLUNTARY SERVICES.—
 1280         (a)A petition for involuntary services may be filed by:
 1281         1.The administrator of a receiving facility; or
 1282         2.The administrator of a treatment facility.
 1283         (b)A petition for involuntary inpatient placement, or
 1284  inpatient placement followed by outpatient services, must be
 1285  filed in the court in the county where the patient is located.
 1286         (c)A petition for involuntary outpatient services must be
 1287  filed in the county where the patient is located, unless the
 1288  patient is being placed from a state treatment facility, in
 1289  which case the petition must be filed in the county where the
 1290  patient will reside.
 1291         (d)1.The petitioner must state in the petition:
 1292         a.Whether the petitioner is recommending inpatient
 1293  placement, outpatient services, or both;
 1294         b.The length of time recommended for each type of
 1295  involuntary services; and
 1296         c.The reasons for the recommendation.
 1297         2.If recommending involuntary outpatient services, or a
 1298  combination of involuntary inpatient placement and outpatient
 1299  services, the petitioner must identify the service provider that
 1300  will have primary responsibility for service provision under an
 1301  order for involuntary outpatient services, unless the person is
 1302  otherwise participating in outpatient psychiatric treatment and
 1303  is not in need of public financing for that treatment, in which
 1304  case the individual, if eligible, may be ordered to involuntary
 1305  treatment pursuant to the existing psychiatric treatment
 1306  relationship.
 1307         3.If recommending an immediate order to involuntary
 1308  outpatient services, the service provider shall prepare a
 1309  written proposed treatment plan in consultation with the patient
 1310  or the patient’s guardian advocate, if appointed, for the
 1311  court’s consideration for inclusion in the involuntary
 1312  outpatient services order that addresses the nature and extent
 1313  of the mental illness and any co-occurring substance use
 1314  disorder that necessitate involuntary outpatient services. The
 1315  treatment plan must specify the likely level of care, including
 1316  the use of medication, and anticipated discharge criteria for
 1317  terminating involuntary outpatient services. Service providers
 1318  may select and supervise other individuals to implement specific
 1319  aspects of the treatment plan. The services in the plan must be
 1320  deemed clinically appropriate by a physician, clinical
 1321  psychologist, psychiatric nurse, mental health counselor,
 1322  marriage and family therapist, or clinical social worker who
 1323  consults with, or is employed or contracted by, the service
 1324  provider. The service provider must certify to the court in the
 1325  proposed plan whether sufficient services for improvement and
 1326  stabilization are currently available and whether the service
 1327  provider agrees to provide those services. If the service
 1328  provider certifies that the services in the proposed treatment
 1329  plan are not available, the petitioner may not file the
 1330  petition. The service provider must notify the managing entity
 1331  if the requested services are not available. The managing entity
 1332  must document such efforts to obtain the requested service.
 1333         (e)Each required criterion for the recommended involuntary
 1334  services must be alleged and substantiated in the petition. A
 1335  copy of the certificate recommending involuntary services
 1336  completed by a qualified professional specified in subsection
 1337  (3) and, if applicable, a copy of the proposed treatment plan
 1338  must be attached to the petition.
 1339         (f)When the petition has been filed, the clerk of the
 1340  court shall provide copies of the petition and, if applicable,
 1341  the proposed treatment plan to the department, the managing
 1342  entity, the patient, the patient’s guardian or representative,
 1343  the state attorney, and the public defender or the patient’s
 1344  private counsel. A fee may not be charged for filing a petition
 1345  under this subsection.
 1346         (5)APPOINTMENT OF COUNSEL.—Within 1 court working day
 1347  after the filing of a petition for involuntary services, the
 1348  court shall appoint the public defender to represent the person
 1349  who is the subject of the petition, unless the person is
 1350  otherwise represented by counsel or ineligible. The clerk of the
 1351  court shall immediately notify the public defender of such
 1352  appointment. The public defender shall represent the person
 1353  until the petition is dismissed, the court order expires, or the
 1354  patient is discharged from involuntary services. Any attorney
 1355  who represents the patient shall be provided access to the
 1356  patient, witnesses, and records relevant to the presentation of
 1357  the patient’s case and shall represent the interests of the
 1358  patient, regardless of the source of payment to the attorney.
 1359         (6)CONTINUANCE OF HEARING.—The patient and the state are
 1360  independently entitled to at least one continuance of the
 1361  hearing. The patient’s continuance may be for a period of up to
 1362  4 weeks and requires the concurrence of the patient’s counsel.
 1363  The state’s continuance may be for a period of up to 5 court
 1364  working days and requires a showing of good cause and due
 1365  diligence by the state before requesting the continuance. The
 1366  state’s failure to timely review any readily available document
 1367  or failure to attempt to contact a known witness does not
 1368  warrant a continuance.
 1369         (7)HEARING ON INVOLUNTARY SERVICES.—
 1370         (a)1.The court shall hold a hearing on the involuntary
 1371  services petition within 5 court working days after the filing
 1372  of the petition, unless a continuance is granted.
 1373         2.The court shall hold any hearing on involuntary
 1374  outpatient services in the county where the petition is filed. A
 1375  hearing on involuntary inpatient placement, or a combination or
 1376  involuntary inpatient placement and involuntary outpatient
 1377  services, must be held in the county or the facility, as
 1378  appropriate, where the patient is located, except for good cause
 1379  documented in the court file.
 1380         3.A hearing on involuntary services must be as convenient
 1381  to the patient as is consistent with orderly procedure, and
 1382  shall be conducted in a physical setting not likely to be
 1383  injurious to the patient’s condition. If the court finds that
 1384  the patient’s attendance at the hearing is not consistent with
 1385  the best interests of the patient, or the patient knowingly,
 1386  intelligently, and voluntarily waives his or her right to be
 1387  present, and if the patient’s counsel does not object, the court
 1388  may waive the presence of the patient from all or any portion of
 1389  the hearing. The state attorney for the circuit in which the
 1390  patient is located shall represent the state, rather than the
 1391  petitioner, as the real party in interest in the proceeding. The
 1392  facility shall make the respondent’s clinical records available
 1393  to the state attorney and the respondent’s attorney so that the
 1394  state can evaluate and prepare its case. However, these records
 1395  shall remain confidential, and the state attorney may not use
 1396  any record obtained under this part for criminal investigation
 1397  or prosecution purposes, or for any purpose other than the
 1398  patient’s civil commitment under this chapter.
 1399         (b)At the hearing, the court shall consider testimony and
 1400  evidence regarding the patient’s competence to consent to
 1401  services and treatment. If the court finds that the patient is
 1402  incompetent to consent to treatment, it shall appoint a guardian
 1403  advocate as provided in s. 394.4598.
 1404         (8)ORDERS OF THE COURT.
 1405         (a)1.If the court concludes that the patient meets the
 1406  criteria for involuntary services, the court may order a patient
 1407  to involuntary inpatient placement, involuntary outpatient
 1408  services, or a combination of involuntary services depending on
 1409  the criteria met and which type of involuntary services best
 1410  meet the needs of the patient. However, if the court orders the
 1411  patient to involuntary outpatient services, the court may not
 1412  order the department or the service provider to provide services
 1413  if the program or service is not available in the patient’s
 1414  local community, if there is no space available in the program
 1415  or service for the patient, or if funding is not available for
 1416  the program or service. The service provider must notify the
 1417  managing entity if the requested services are not available. The
 1418  managing entity must document such efforts to obtain the
 1419  requested services. A copy of the order must be sent to the
 1420  managing entity by the service provider within 1 working day
 1421  after it is received from the court.
 1422         2.The order must specify the nature and extent of the
 1423  patient’s mental illness.
 1424         3.a.An order for only involuntary outpatient services
 1425  shall be for a period of up to 90 days.
 1426         b.An order for involuntary inpatient placement, or a
 1427  combination of inpatient placement and outpatient services, may
 1428  be up to 6 months.
 1429         4.An order for a combination of involuntary services must
 1430  specify the length of time the patient shall be ordered for
 1431  involuntary inpatient placement and involuntary outpatient
 1432  services.
 1433         5.The order of the court and the patient’s treatment plan
 1434  must be made part of the patient’s clinical record.
 1435         (b)If the court orders a patient into involuntary
 1436  inpatient placement, the court may order that the patient be
 1437  transferred to a treatment facility, or if the patient is at a
 1438  treatment facility, that the patient be retained there or be
 1439  treated at any other appropriate facility, or that the patient
 1440  receive services on an involuntary basis. The court may not
 1441  order an individual with a developmental disability as defined
 1442  in s. 393.063, a traumatic brain injury, or dementia who lacks a
 1443  co-occurring mental illness to be involuntarily placed in a
 1444  state treatment facility.
 1445         (c)If at any time before the conclusion of a hearing on
 1446  involuntary services, it appears to the court that the patient
 1447  instead meets the criteria for involuntary admission or
 1448  treatment pursuant to s. 397.675, the court may order the person
 1449  to be admitted for involuntary assessment pursuant to s.
 1450  397.675. Thereafter, all proceedings are governed by chapter
 1451  397.
 1452         (d)The administrator of the petitioning facility or the
 1453  designated department representative shall provide a copy of the
 1454  court order and adequate documentation of a patient’s mental
 1455  illness to the service provider for involuntary outpatient
 1456  services or the administrator of a treatment facility if the
 1457  patient is ordered for involuntary inpatient placement. The
 1458  documentation must include any advance directives made by the
 1459  patient, a psychiatric evaluation of the patient, and any
 1460  evaluations of the patient performed by a psychiatric nurse, a
 1461  clinical psychologist, a marriage and family therapist, a mental
 1462  health counselor, or a clinical social worker. The administrator
 1463  of a treatment facility may refuse admission to any patient
 1464  directed to its facilities on an involuntary basis, whether by
 1465  civil or criminal court order, who is not accompanied by
 1466  adequate orders and documentation.
 1467         (9)TREATMENT PLAN MODIFICATION.—After the order for
 1468  involuntary outpatient services is issued, the service provider
 1469  and the patient may modify the treatment plan. For any material
 1470  modification of the treatment plan to which the patient or, if
 1471  one is appointed, the patient’s guardian advocate agrees, the
 1472  service provider shall send notice of the modification to the
 1473  court. Any material modifications of the treatment plan which
 1474  are contested by the patient or the patient’s guardian advocate,
 1475  if applicable, must be approved or disapproved by the court
 1476  consistent with subsection (4).
 1477         (10)NONCOMPLIANCE WITH INVOLUNTARY OUTPATIENT SERVICES.
 1478  If, in the clinical judgment of a physician, a patient receiving
 1479  involuntary outpatient services has failed or has refused to
 1480  comply with the treatment ordered by the court, and, in the
 1481  clinical judgment of the physician, efforts were made to solicit
 1482  compliance and the patient may meet the criteria for involuntary
 1483  examination, a person may be brought to a receiving facility
 1484  pursuant to s. 394.463. If, after examination, the patient does
 1485  not meet the criteria for involuntary inpatient placement under
 1486  this section, the patient must be discharged from the facility.
 1487  The involuntary outpatient services order shall remain in effect
 1488  unless the service provider determines that the patient no
 1489  longer meets the criteria for involuntary outpatient services or
 1490  until the order expires. The service provider must determine
 1491  whether modifications should be made to the existing treatment
 1492  plan and must attempt to continue to engage the patient in
 1493  treatment. For any material modification of the treatment plan
 1494  to which the patient or the patient’s guardian advocate, if
 1495  applicable, agrees, the service provider shall send notice of
 1496  the modification to the court. Any material modifications of the
 1497  treatment plan which are contested by the patient or the
 1498  patient’s guardian advocate, if applicable, must be approved or
 1499  disapproved by the court consistent with subsection (4).
 1500         (11)PROCEDURE FOR CONTINUED INVOLUNTARY SERVICES.—
 1501         (a)A petition for continued involuntary services shall be
 1502  filed if the patient continues to meets the criteria for
 1503  involuntary services.
 1504         (b)1.If a patient receiving involuntary outpatient
 1505  services continues to meet the criteria for involuntary
 1506  outpatient services, the service provider shall file in the
 1507  court that issued the order for involuntary outpatient services
 1508  a petition for continued involuntary outpatient services.
 1509         2.If the patient in involuntary inpatient placement
 1510  continues to meet the criteria for involuntary inpatient
 1511  placement and is being treated at a treatment facility, the
 1512  administrator shall, before the expiration of the period the
 1513  treatment facility is authorized to retain the patient, file a
 1514  petition requesting authorization for continued involuntary
 1515  inpatient placement.
 1516         3.The court shall immediately schedule a hearing on the
 1517  petition to be held within 15 days after the petition is filed.
 1518         4.The existing involuntary services order shall remain in
 1519  effect until disposition on the petition for continued
 1520  involuntary services.
 1521         (c)A certificate for continued involuntary services must
 1522  be attached to the petition and shall include a statement from
 1523  the patient’s physician, psychiatrist, psychiatric nurse, or
 1524  clinical psychologist justifying the request, a brief
 1525  description of the patient’s treatment during the time he or she
 1526  was receiving involuntary services, and, if requesting
 1527  involuntary outpatient services, an individualized plan of
 1528  continued treatment. The individualized plan of continued
 1529  treatment must be developed in consultation with the patient or
 1530  the patient’s guardian advocate, if applicable. When the
 1531  petition has been filed, the clerk of the court shall provide
 1532  copies of the certificate and the individualized plan of
 1533  continued services to the department, the patient, the patient’s
 1534  guardian advocate, the state attorney, and the patient’s private
 1535  counsel or public defender.
 1536         (d)The court shall appoint counsel to represent the person
 1537  who is the subject of the petition for continued involuntary
 1538  services in accordance to the provisions set forth in subsection
 1539  (5), unless the person in otherwise represented by counsel or
 1540  eligible.
 1541         (e)Hearings on petitions for continued involuntary
 1542  outpatient services must be before the court that issued the
 1543  order for involuntary outpatient services. However, the patient
 1544  and the patient’s attorney may agree to a period of continued
 1545  outpatient services without a court hearing.
 1546         (f)Hearings on petitions for continued involuntary
 1547  inpatient placement must be held in the county or the facility,
 1548  as appropriate, where the patient is located.
 1549         (g)Notice of the hearing must be provided as set forth in
 1550  s. 394.4599.
 1551         (h)If a patient’s attendance at the hearing is voluntarily
 1552  waived, the judge shall determine that the waiver is knowing and
 1553  voluntary before waiving the presence of the patient from all or
 1554  a portion of the hearing. Alternatively, if at the hearing the
 1555  judge finds that attendance at the hearing is not consistent
 1556  with the best interests of the patient, the judge may waive the
 1557  presence of the patient from all or any portion of the hearing,
 1558  unless the patient, through counsel, objects to the waiver of
 1559  presence. The testimony in the hearing must be under oath and
 1560  the proceedings must be recorded.
 1561         (i)Hearings on petitions for continued involuntary
 1562  inpatient placement of an individual placed at any treatment
 1563  facility are administrative hearings and must be conducted in
 1564  accordance with s. 120.57(1), except that any order entered by
 1565  the judge is final and subject to judicial review in accordance
 1566  with s. 120.68. Orders concerning patients committed after
 1567  successfully pleading not guilty by reason of insanity are
 1568  governed by s. 916.15.
 1569         (j)If at a hearing it is shown that the patient continues
 1570  to meet the criteria for involuntary services, the court shall
 1571  issue an order for continued involuntary services for up to 90
 1572  days. However, any order for involuntary inpatient placement, or
 1573  a combination of involuntary services, may be for up to 6
 1574  months. The same procedure must be repeated before the
 1575  expiration of each additional period the patient is retained.
 1576         (k)If the patient has been ordered to undergo involuntary
 1577  services and has previously been found incompetent to consent to
 1578  treatment, the court shall consider testimony and evidence
 1579  regarding the patient’s competence. If the patient’s competency
 1580  to consent to treatment is restored, the discharge of the
 1581  guardian advocate shall be governed by s. 394.4598. If the
 1582  patient has been ordered to undergo involuntary inpatient
 1583  placement only and the patient’s competency to consent to
 1584  treatment is restored, the administrative law judge may issue a
 1585  recommended order to the court that found the patient
 1586  incompetent to consent to treatment, that the patient’s
 1587  competence be restored and that any guardian advocate previously
 1588  appointed be discharged.
 1589         (l)If continued involuntary inpatient placement is
 1590  necessary for a patient in involuntary inpatient placement who
 1591  was admitted while serving a criminal sentence, but his or her
 1592  sentence is about to expire, or for a minor involuntarily
 1593  placed, but who is about to reach the age of 18, the
 1594  administrator shall petition the administrative law judge for an
 1595  order authorizing continued involuntary inpatient placement.
 1596         
 1597  The procedure required in this section must be followed before
 1598  the expiration of each additional period the patient is
 1599  involuntarily receiving services.
 1600         (12)RETURN TO FACILITY.—If a patient has been ordered to
 1601  undergo involuntary inpatient placement held at a treatment
 1602  facility under this part and leaves the facility without the
 1603  administrator’s authorization, the administrator may authorize a
 1604  search for the patient and his or her return to the facility.
 1605  The administrator may request the assistance of a law
 1606  enforcement agency in this regard.
 1607         (13)DISCHARGE.—The patient shall be discharged upon
 1608  expiration of the court order or at any time the patient no
 1609  longer meets the criteria for involuntary services, unless the
 1610  patient has transferred to voluntary status. Upon discharge, the
 1611  service provider or facility shall send a certificate of
 1612  discharge to the court.
 1613         Section 12. Subsection (2) of section 394.468, Florida
 1614  Statutes, is amended, and subsections (4) and (5) are added to
 1615  that section, to read:
 1616         394.468 Admission and discharge procedures.—
 1617         (2) Discharge planning and procedures for any patient’s
 1618  release from a receiving facility or treatment facility must
 1619  include and document the patient’s needs, and actions to address
 1620  such needs, for consideration of, at a minimum:
 1621         (a) Follow-up behavioral health appointments;
 1622         (b) Information on how to obtain prescribed medications;
 1623  and
 1624         (c) Information pertaining to:
 1625         1. Available living arrangements;
 1626         2. Transportation; and
 1627         (d)Referral to:
 1628         1.Care coordination services. The patient must be referred
 1629  for care coordination services if the patient meets the criteria
 1630  as a member of a priority population as determined by the
 1631  department under s. 394.9082(3)(c); and
 1632         2.3. Recovery support opportunities under s.
 1633  394.4573(2)(l), including, but not limited to, connection to a
 1634  peer specialist.
 1635         (4)During the discharge transition process and while the
 1636  patient is present, unless determined inappropriate by a
 1637  physician, a receiving facility shall coordinate, face to face
 1638  or through electronic means, ongoing treatment and discharge
 1639  plans to a less restrictive community behavioral health
 1640  provider, a peer specialist, a case manager, or a care
 1641  coordination service. The transition process must include all of
 1642  the following criteria:
 1643         (a)Implementation of policies and procedures outlining
 1644  strategies for how the receiving facility will comprehensively
 1645  address the needs of patients who demonstrate a high utilization
 1646  of receiving facility services to avoid or reduce future use of
 1647  crisis stabilization services;
 1648         (b)Developing, and including in discharge paperwork, a
 1649  personalized crisis prevention plan that identifies stressors,
 1650  early warning signs or symptoms, and strategies to deal with
 1651  crisis; and
 1652         (c)Requiring a master’s-level or licensed professional
 1653  level staff member to engage a family member, legal guardian,
 1654  legal representative, or natural support in discharge planning
 1655  and meet face to face or through electronic means to review the
 1656  discharge instructions, including prescribed medications,
 1657  follow-up appointments, and any other recommended services or
 1658  follow-up resources, and document the outcome of such meeting.
 1659         (5)When the recommended level of care at discharge is not
 1660  immediately available to the patient, the receiving facility
 1661  must initiate a referral to an appropriate provider to meet the
 1662  needs of the patient and make appointments for interim services
 1663  to continue care until the recommended level of care is
 1664  available.
 1665         Section 13. Subsection (3) of section 394.495, Florida
 1666  Statutes, is amended to read:
 1667         394.495 Child and adolescent mental health system of care;
 1668  programs and services.—
 1669         (3) Assessments must be performed by:
 1670         (a) A clinical psychologist, clinical social worker,
 1671  physician, psychiatric nurse, or psychiatrist, as those terms
 1672  are defined in s. 394.455 professional as defined in s.
 1673  394.455(5), (7), (33), (36), or (37);
 1674         (b) A professional licensed under chapter 491; or
 1675         (c) A person who is under the direct supervision of a
 1676  clinical psychologist, clinical social worker, physician,
 1677  psychiatric nurse, or psychiatrist, as those terms are defined
 1678  in s. 394.455, qualified professional as defined in s.
 1679  394.455(5), (7), (33), (36), or (37) or a professional licensed
 1680  under chapter 491.
 1681         Section 14. Subsection (5) of section 394.496, Florida
 1682  Statutes, is amended to read:
 1683         394.496 Service planning.—
 1684         (5) A clinical psychologist, clinical social worker,
 1685  physician, psychiatric nurse, or psychiatrist, as those terms
 1686  are defined in s. 394.455, professional as defined in s.
 1687  394.455(5), (7), (33), (36), or (37) or a professional licensed
 1688  under chapter 491 must be included among those persons
 1689  developing the services plan.
 1690         Section 15. Paragraph (a) of subsection (2) of section
 1691  394.499, Florida Statutes, is amended to read:
 1692         394.499 Integrated children’s crisis stabilization
 1693  unit/juvenile addictions receiving facility services.—
 1694         (2) Children eligible to receive integrated children’s
 1695  crisis stabilization unit/juvenile addictions receiving facility
 1696  services include:
 1697         (a) A minor whose parent makes person under 18 years of age
 1698  for whom voluntary application based on the parent’s express and
 1699  informed consent, and the requirements of s. 394.4625(1)(a) are
 1700  met is made by his or her guardian, if such person is found to
 1701  show evidence of mental illness and to be suitable for treatment
 1702  pursuant to s. 394.4625. A person under 18 years of age may be
 1703  admitted for integrated facility services only after a hearing
 1704  to verify that the consent to admission is voluntary.
 1705         Section 16. Paragraphs (a) and (d) of subsection (1) of
 1706  section 394.875, Florida Statutes, are amended to read:
 1707         394.875 Crisis stabilization units, residential treatment
 1708  facilities, and residential treatment centers for children and
 1709  adolescents; authorized services; license required.—
 1710         (1)(a) The purpose of a crisis stabilization unit is to
 1711  stabilize and redirect a client to the most appropriate and
 1712  least restrictive community setting available, consistent with
 1713  the client’s needs. Crisis stabilization units may screen,
 1714  assess, and admit for stabilization persons who present
 1715  themselves to the unit and persons who are brought to the unit
 1716  under s. 394.463. Clients may be provided 24-hour observation,
 1717  medication prescribed by a physician or psychiatrist, and other
 1718  appropriate services. Crisis stabilization units shall provide
 1719  services regardless of the client’s ability to pay and shall be
 1720  limited in size to a maximum of 30 beds.
 1721         (d) The department is directed to implement a demonstration
 1722  project in circuit 18 to test the impact of expanding beds
 1723  authorized in crisis stabilization units from 30 to 50 beds.
 1724  Specifically, the department is directed to authorize existing
 1725  public or private crisis stabilization units in circuit 18 to
 1726  expand bed capacity to a maximum of 50 beds and to assess the
 1727  impact such expansion would have on the availability of crisis
 1728  stabilization services to clients.
 1729         Section 17. Subsection (6) of section 394.9085, Florida
 1730  Statutes, is amended to read:
 1731         394.9085 Behavioral provider liability.—
 1732         (6) For purposes of this section, the terms “detoxification
 1733  services,” “addictions receiving facility,” and “receiving
 1734  facility” have the same meanings as those provided in ss.
 1735  397.311(26)(a)3., 397.311(26)(a)1., and 394.455(41) 394.455(40),
 1736  respectively.
 1737         Section 18. Subsection (3) of section 397.305, Florida
 1738  Statutes, is amended to read:
 1739         397.305 Legislative findings, intent, and purpose.—
 1740         (3) It is the purpose of this chapter to provide for a
 1741  comprehensive continuum of accessible and quality substance
 1742  abuse prevention, intervention, clinical treatment, and recovery
 1743  support services in the most appropriate and least restrictive
 1744  environment which promotes long-term recovery while protecting
 1745  and respecting the rights of individuals, primarily through
 1746  community-based private not-for-profit providers working with
 1747  local governmental programs involving a wide range of agencies
 1748  from both the public and private sectors.
 1749         Section 19. Subsections (19) and (23) of section 397.311,
 1750  Florida Statutes, are amended to read:
 1751         397.311 Definitions.—As used in this chapter, except part
 1752  VIII, the term:
 1753         (19) “Impaired” or “substance abuse impaired” means having
 1754  a substance use disorder or a condition involving the use of
 1755  alcoholic beverages, illicit or prescription drugs, or any
 1756  psychoactive or mood-altering substance in such a manner as to
 1757  induce mental, emotional, or physical problems and cause
 1758  socially dysfunctional behavior.
 1759         (23) “Involuntary treatment services” means an array of
 1760  behavioral health services that may be ordered by the court for
 1761  persons with substance abuse impairment or co-occurring
 1762  substance abuse impairment and mental health disorders.
 1763         Section 20. Subsection (6) is added to section 397.401,
 1764  Florida Statutes, to read:
 1765         397.401 License required; penalty; injunction; rules
 1766  waivers.—
 1767         (6) A service provider operating an addictions receiving
 1768  facility or providing detoxification on a non-hospital inpatient
 1769  basis may not exceed its licensed capacity by more than 10
 1770  percent and may not exceed its licensed capacity for more than 3
 1771  consecutive working days or for more than 7 days in 1 month.
 1772         Section 21. Paragraph (i) is added to subsection (1) of
 1773  section 397.4073, Florida Statutes, to read:
 1774         397.4073 Background checks of service provider personnel.—
 1775         (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
 1776  EXCEPTIONS.—
 1777         (i) Licensed physicians and nurses who require background
 1778  screening by the Department of Health at initial licensure and
 1779  renewal of licensure are not subject to background screening
 1780  pursuant to this section if they are providing a service that is
 1781  within their scope of licensed practice.
 1782         Section 22. Subsection (8) of section 397.501, Florida
 1783  Statutes, is amended to read:
 1784         397.501 Rights of individuals.—Individuals receiving
 1785  substance abuse services from any service provider are
 1786  guaranteed protection of the rights specified in this section,
 1787  unless otherwise expressly provided, and service providers must
 1788  ensure the protection of such rights.
 1789         (8) RIGHT TO COUNSEL.—Each individual must be informed that
 1790  he or she has the right to be represented by counsel in any
 1791  judicial involuntary proceeding for involuntary substance abuse
 1792  assessment, stabilization, or treatment and that he or she, or
 1793  if the individual is a minor his or her parent, legal guardian,
 1794  or legal custodian, may apply immediately to the court to have
 1795  an attorney appointed if he or she cannot afford one.
 1796         Section 23. Section 397.581, Florida Statutes, is amended
 1797  to read:
 1798         397.581 Unlawful activities relating to assessment and
 1799  treatment; penalties.—
 1800         (1) A person may not knowingly and willfully:
 1801         (a)Furnish Furnishing false information for the purpose of
 1802  obtaining emergency or other involuntary admission of another
 1803  person for any person is a misdemeanor of the first degree,
 1804  punishable as provided in s. 775.082 and by a fine not exceeding
 1805  $5,000.
 1806         (b)(2)Cause or otherwise secure, or conspire with or
 1807  assist another to cause or secure Causing or otherwise securing,
 1808  or conspiring with or assisting another to cause or secure,
 1809  without reason for believing a person to be impaired, any
 1810  emergency or other involuntary procedure of another for the
 1811  person under false pretenses is a misdemeanor of the first
 1812  degree, punishable as provided in s. 775.082 and by a fine not
 1813  exceeding $5,000.
 1814         (c)(3)Cause, or conspire with or assist another to cause,
 1815  without lawful justification Causing, or conspiring with or
 1816  assisting another to cause, the denial to any person of any
 1817  right accorded pursuant to this chapter.
 1818         (2)A person who violates subsection (1) commits is a
 1819  misdemeanor of the first degree, punishable as provided in s.
 1820  775.082 and by a fine not exceeding $5,000.
 1821         Section 24. Section 397.675, Florida Statutes, is amended
 1822  to read:
 1823         397.675 Criteria for involuntary admissions, including
 1824  protective custody, emergency admission, and other involuntary
 1825  assessment, involuntary treatment, and alternative involuntary
 1826  assessment for minors, for purposes of assessment and
 1827  stabilization, and for involuntary treatment.—A person meets the
 1828  criteria for involuntary admission if there is good faith reason
 1829  to believe that the person is substance abuse impaired or has a
 1830  substance use disorder and a co-occurring mental health disorder
 1831  and, because of such impairment or disorder:
 1832         (1) Has lost the power of self-control with respect to
 1833  substance abuse; and
 1834         (2)(a) Is in need of substance abuse services and, by
 1835  reason of substance abuse impairment, his or her judgment has
 1836  been so impaired that he or she is incapable of appreciating his
 1837  or her need for such services and of making a rational decision
 1838  in that regard, although mere refusal to receive such services
 1839  does not constitute evidence of lack of judgment with respect to
 1840  his or her need for such services; or
 1841         (b) Without care or treatment, is likely to suffer from
 1842  neglect or refuse to care for himself or herself; that such
 1843  neglect or refusal poses a real and present threat of
 1844  substantial harm to his or her well-being; and that it is not
 1845  apparent that such harm may be avoided through the help of
 1846  willing, able, and responsible family members or friends or the
 1847  provision of other services, or there is substantial likelihood
 1848  that the person has inflicted, or threatened to or attempted to
 1849  inflict, or, unless admitted, is likely to inflict, physical
 1850  harm on himself, herself, or another.
 1851         Section 25. Section 397.681, Florida Statutes, is amended
 1852  to read:
 1853         397.681 Involuntary petitions; general provisions; court
 1854  jurisdiction and right to counsel.—
 1855         (1) JURISDICTION.—The courts have jurisdiction of
 1856  involuntary assessment and stabilization petitions and
 1857  involuntary treatment petitions for substance abuse impaired
 1858  persons, and such petitions must be filed with the clerk of the
 1859  court in the county where the person resides is located. The
 1860  clerk of the court may not charge a fee for the filing of a
 1861  petition under this section. The chief judge may appoint a
 1862  general or special magistrate to preside over all or part of the
 1863  proceedings related to the petition or any ancillary matters
 1864  thereto. The alleged impaired person is named as the respondent.
 1865         (2) RIGHT TO COUNSEL.—Unless the respondent is present and
 1866  the court finds he or she knowingly, intelligently, and
 1867  voluntarily waived legal representation, a respondent has the
 1868  right to counsel at every stage of a judicial proceeding
 1869  relating to a petition for his or her involuntary assessment and
 1870  a petition for his or her involuntary treatment for substance
 1871  abuse impairment. A respondent who desires counsel and is unable
 1872  to afford private counsel has the right to court-appointed
 1873  counsel and to the benefits of s. 57.081. If the court believes
 1874  that the respondent needs or desires the assistance of counsel,
 1875  the court shall appoint such counsel for the respondent without
 1876  regard to the respondent’s wishes. If the respondent is a minor
 1877  not otherwise represented in the proceeding, the court shall
 1878  immediately appoint a guardian ad litem to act on the minor’s
 1879  behalf.
 1880         Section 26. Subsection (1) of section 397.6751, Florida
 1881  Statutes, is amended to read:
 1882         397.6751 Service provider responsibilities regarding
 1883  involuntary admissions.—
 1884         (1) It is the responsibility of the service provider to:
 1885         (a) Ensure that a person who is admitted to a licensed
 1886  service component meets the admission criteria specified in s.
 1887  397.675;
 1888         (b) Ascertain whether the medical and behavioral conditions
 1889  of the person, as presented, are beyond the safe management
 1890  capabilities of the service provider;
 1891         (c) Provide for the admission of the person to the service
 1892  component that represents the most appropriate and least
 1893  restrictive available setting that is responsive to the person’s
 1894  treatment needs;
 1895         (d) Verify that the admission of the person to the service
 1896  component does not result in a census in excess of its licensed
 1897  service capacity;
 1898         (e) Determine whether the cost of services is within the
 1899  financial means of the person or those who are financially
 1900  responsible for the person’s care; and
 1901         (f) Take all necessary measures to ensure that each
 1902  individual in treatment is provided with a safe environment, and
 1903  to ensure that each individual whose medical condition or
 1904  behavioral problem becomes such that he or she cannot be safely
 1905  managed by the service component is discharged and referred to a
 1906  more appropriate setting for care.
 1907         Section 27. Section 397.6818, Florida Statutes, is amended
 1908  to read:
 1909         397.6818 Court determination.—
 1910         (1)When the petitioner asserts that emergency
 1911  circumstances exist, or when upon review of the petition the
 1912  court determines that an emergency exists, the court may rely
 1913  solely on the contents of the petition and, without the
 1914  appointment of an attorney, enter an ex parte order for the
 1915  respondent’s involuntary assessment and stabilization which must
 1916  be executed during the period when the hearing on the petition
 1917  for treatment is pending.
 1918         (2)The court may further order a law enforcement officer
 1919  or another designated agent of the court to:
 1920         (a)Take the respondent into custody and deliver him or her
 1921  for evaluation to either the nearest appropriate licensed
 1922  service provider or a licensed service provider designated by
 1923  the court; and
 1924         (b)Serve the respondent with the notice of hearing and a
 1925  copy of the petition.
 1926         (3)The service provider may not hold the respondent for
 1927  longer than 72 hours of observation, unless:
 1928         (a)The service provider seeks additional time under s.
 1929  397.6957(1)(c) and the court, after a hearing, grants a motion
 1930  allowing such additional time;
 1931         (b)The respondent shows signs of withdrawal, or a need to
 1932  be either detoxified or treated for a medical condition, which
 1933  shall extend the amount of time the respondent may be held for
 1934  observation until the issue is resolved but no later than the
 1935  scheduled hearing date, absent a court-approved extension; or
 1936         (c)The original or extended observation period ends on a
 1937  weekend or holiday, including the hours before the ordinary
 1938  business hours of the following workday morning, in which case
 1939  the provider may hold the respondent until the next court
 1940  working day.
 1941         (4)If the ex parte order was not executed by the initial
 1942  hearing date, it shall be deemed void. However, should the
 1943  respondent not appear at the hearing for any reason, including
 1944  lack of service, and upon reviewing the petition, testimony, and
 1945  evidence presented, the court reasonably believes the respondent
 1946  meets this chapter’s commitment criteria and that a substance
 1947  abuse emergency exists, the court may issue or reissue an ex
 1948  parte assessment and stabilization order that is valid for 90
 1949  days. If the respondent’s location is known at the time of the
 1950  hearing, the court:
 1951         (a)Shall continue the case for no more than 10 court
 1952  working days; and
 1953         (b)May order a law enforcement officer or another
 1954  designated agent of the court to:
 1955         1.Take the respondent into custody and deliver him or her
 1956  for evaluation to either the nearest appropriate licensed
 1957  service provider or a licensed service provider designated by
 1958  the court; and
 1959         2.If a hearing date is set, serve the respondent with
 1960  notice of the rescheduled hearing and a copy of the involuntary
 1961  treatment petition if the respondent has not already been
 1962  served.
 1963  
 1964  Otherwise, the petitioner must inform the court that the
 1965  respondent has been assessed so that the court may schedule a
 1966  hearing as soon as is practicable. However, if the respondent
 1967  has not been assessed within 90 days, the court must dismiss the
 1968  case. At the hearing initiated in accordance with s.
 1969  397.6811(1), the court shall hear all relevant testimony. The
 1970  respondent must be present unless the court has reason to
 1971  believe that his or her presence is likely to be injurious to
 1972  him or her, in which event the court shall appoint a guardian
 1973  advocate to represent the respondent. The respondent has the
 1974  right to examination by a court-appointed qualified
 1975  professional. After hearing all the evidence, the court shall
 1976  determine whether there is a reasonable basis to believe the
 1977  respondent meets the involuntary admission criteria of s.
 1978  397.675.
 1979         (1)Based on its determination, the court shall either
 1980  dismiss the petition or immediately enter an order authorizing
 1981  the involuntary assessment and stabilization of the respondent;
 1982  or, if in the course of the hearing the court has reason to
 1983  believe that the respondent, due to mental illness other than or
 1984  in addition to substance abuse impairment, is likely to injure
 1985  himself or herself or another if allowed to remain at liberty,
 1986  the court may initiate involuntary proceedings under the
 1987  provisions of part I of chapter 394.
 1988         (2)If the court enters an order authorizing involuntary
 1989  assessment and stabilization, the order shall include the
 1990  court’s findings with respect to the availability and
 1991  appropriateness of the least restrictive alternatives and the
 1992  need for the appointment of an attorney to represent the
 1993  respondent, and may designate the specific licensed service
 1994  provider to perform the involuntary assessment and stabilization
 1995  of the respondent. The respondent may choose the licensed
 1996  service provider to deliver the involuntary assessment where
 1997  possible and appropriate.
 1998         (3)If the court finds it necessary, it may order the
 1999  sheriff to take the respondent into custody and deliver him or
 2000  her to the licensed service provider specified in the court
 2001  order or, if none is specified, to the nearest appropriate
 2002  licensed service provider for involuntary assessment.
 2003         (4)The order is valid only for the period specified in the
 2004  order or, if a period is not specified, for 7 days after the
 2005  order is signed.
 2006         Section 28. Section 397.693, Florida Statutes, is
 2007  renumbered as 397.68111, Florida Statutes, and amended to read:
 2008         397.68111 397.693 Involuntary treatment.—A person may be
 2009  the subject of a petition for court-ordered involuntary
 2010  treatment pursuant to this part, if that person:
 2011         (1)Reasonably appears to meet meets the criteria for
 2012  involuntary admission provided in s. 397.675; and:
 2013         (2)(1) Has been placed under protective custody pursuant to
 2014  s. 397.677 within the previous 10 days;
 2015         (3)(2) Has been subject to an emergency admission pursuant
 2016  to s. 397.679 within the previous 10 days; or
 2017         (4)(3) Has been assessed by a qualified professional within
 2018  30 5 days;
 2019         (4) Has been subject to involuntary assessment and
 2020  stabilization pursuant to s. 397.6818 within the previous 12
 2021  days; or
 2022         (5) Has been subject to alternative involuntary admission
 2023  pursuant to s. 397.6822 within the previous 12 days.
 2024         Section 29. Section 397.695, Florida Statutes, is
 2025  renumbered as section 397.68112, Florida Statutes, and amended
 2026  to read:
 2027         397.68112 397.695 Involuntary treatment services; persons
 2028  who may petition.—
 2029         (1) If the respondent is an adult, a petition for
 2030  involuntary treatment services may be filed by the respondent’s
 2031  spouse or legal guardian, any relative, a service provider, or
 2032  an adult who has direct personal knowledge of the respondent’s
 2033  substance abuse impairment and his or her prior course of
 2034  assessment and treatment.
 2035         (2) If the respondent is a minor, a petition for
 2036  involuntary treatment services may be filed by a parent, legal
 2037  guardian, or service provider.
 2038         (3)The court may prohibit, or a law enforcement agency may
 2039  waive, any service of process fees if a petitioner is determined
 2040  to be indigent.
 2041         Section 30. Section 397.6951, Florida Statutes, is
 2042  renumbered as 397.68141, Florida Statutes, and amended to read:
 2043         397.68141 397.6951 Contents of petition for involuntary
 2044  treatment services.—A petition for involuntary services must
 2045  contain the name of the respondent; the name of the petitioner
 2046  or petitioners; the relationship between the respondent and the
 2047  petitioner; the name of the respondent’s attorney, if known; the
 2048  findings and recommendations of the assessment performed by the
 2049  qualified professional; and the factual allegations presented by
 2050  the petitioner establishing the need for involuntary outpatient
 2051  services for substance abuse impairment. The factual allegations
 2052  must demonstrate:
 2053         (1) The reason for the petitioner’s belief that the
 2054  respondent is substance abuse impaired;
 2055         (2) The reason for the petitioner’s belief that because of
 2056  such impairment the respondent has lost the power of self
 2057  control with respect to substance abuse; and
 2058         (3)(a) The reason the petitioner believes that the
 2059  respondent has inflicted or is likely to inflict physical harm
 2060  on himself or herself or others unless the court orders the
 2061  involuntary services; or
 2062         (b) The reason the petitioner believes that the
 2063  respondent’s refusal to voluntarily receive care is based on
 2064  judgment so impaired by reason of substance abuse that the
 2065  respondent is incapable of appreciating his or her need for care
 2066  and of making a rational decision regarding that need for care.
 2067         (4)The petition may be accompanied by a certificate or
 2068  report of a qualified professional who examined the respondent
 2069  within 30 days before the petition was filed. This certificate
 2070  or report must include the qualified professional’s findings
 2071  relating to his or her assessment of the patient and his or her
 2072  treatment recommendations. If the respondent was not assessed
 2073  before the filing of a treatment petition or refused to submit
 2074  to an evaluation, the lack of assessment or refusal must be
 2075  noted in the petition.
 2076         (5)If there is an emergency, the petition must also
 2077  describe the respondent’s exigent circumstances and include a
 2078  request for an ex parte assessment and stabilization order that
 2079  must be executed pursuant to s. 397.6818(4).
 2080         Section 31. Section 397.6955, Florida Statutes, is
 2081  renumbered as section 397.68151, Florida Statutes, and amended
 2082  to read:
 2083         397.68151 397.6955 Duties of court upon filing of petition
 2084  for involuntary services.—
 2085         (1) Upon the filing of a petition for involuntary services
 2086  for a substance abuse impaired person with the clerk of the
 2087  court, the court shall immediately determine whether the
 2088  respondent is represented by an attorney or whether the
 2089  appointment of counsel for the respondent is appropriate. If the
 2090  court appoints counsel for the person, the clerk of the court
 2091  shall immediately notify the office of criminal conflict and
 2092  civil regional counsel, created pursuant to s. 27.511, of the
 2093  appointment. The office of criminal conflict and civil regional
 2094  counsel shall represent the person until the petition is
 2095  dismissed, the court order expires, or the person is discharged
 2096  from involuntary treatment services, or the office is otherwise
 2097  discharged by the court. An attorney that represents the person
 2098  named in the petition shall have access to the person,
 2099  witnesses, and records relevant to the presentation of the
 2100  person’s case and shall represent the interests of the person,
 2101  regardless of the source of payment to the attorney.
 2102         (2) The court shall schedule a hearing to be held on the
 2103  petition within 10 court working 5 days unless a continuance is
 2104  granted. The court may appoint a magistrate to preside at the
 2105  hearing.
 2106         (3) A copy of the petition and notice of the hearing must
 2107  be provided to the respondent; the respondent’s parent,
 2108  guardian, or legal custodian, in the case of a minor; the
 2109  respondent’s attorney, if known; the petitioner; the
 2110  respondent’s spouse or guardian, if applicable; and such other
 2111  persons as the court may direct. If the respondent is a minor, a
 2112  copy of the petition and notice of the hearing must be
 2113  personally delivered to the respondent. The clerk court shall
 2114  also issue a summons to the person whose admission is sought and
 2115  unless a circuit court’s chief judge authorizes disinterested
 2116  private process servers to serve parties under this chapter, a
 2117  law enforcement agency must effect such service on the person
 2118  whose admission is sought for the initial treatment hearing.
 2119         Section 32. Section 397.6957, Florida Statutes, is amended
 2120  to read:
 2121         397.6957 Hearing on petition for involuntary treatment
 2122  services.—
 2123         (1)(a) The respondent must be present at a hearing on a
 2124  petition for involuntary treatment services, unless the court
 2125  finds he or she knowingly, intelligently, and voluntarily waives
 2126  his or her right to be present or, upon receiving proof of
 2127  service and evaluating the circumstances of the case, that his
 2128  or her presence is inconsistent with his or her best interests
 2129  or is likely to be injurious to himself or herself or others.
 2130  The court shall hear and review all relevant evidence, including
 2131  testimony from individuals such as family members familiar with
 2132  the respondent’s prior history and how it relates to his or her
 2133  current condition, and the review of results of the assessment
 2134  completed by the qualified professional in connection with this
 2135  chapter. The court may also order drug tests. Upon finding of
 2136  good cause, the court may permit all witnesses, including, but
 2137  not limited to, medical professionals who are or have been
 2138  involved with the respondent’s treatment, to remotely attend and
 2139  testify at the hearing under oath via audio-video
 2140  teleconference. A witness intending to remotely attend and
 2141  testify must provide the parties with all relevant documents by
 2142  the close of business on the day before the hearing the
 2143  respondent’s protective custody, emergency admission,
 2144  involuntary assessment, or alternative involuntary admission.
 2145  The respondent must be present unless the court finds that his
 2146  or her presence is likely to be injurious to himself or herself
 2147  or others, in which event the court must appoint a guardian
 2148  advocate to act in behalf of the respondent throughout the
 2149  proceedings.
 2150         (b)A respondent may not be involuntarily ordered into
 2151  treatment under this chapter without a clinical assessment being
 2152  performed, unless he or she is present in court and expressly
 2153  waives the assessment. In nonemergency situations, if the
 2154  respondent was not, or had previously refused to be, assessed by
 2155  a qualified professional and, based on the petition, testimony,
 2156  and evidence presented, it reasonably appears that the
 2157  respondent qualifies for involuntary treatment services, the
 2158  court shall issue an involuntary assessment and stabilization
 2159  order to determine the appropriate level of treatment the
 2160  respondent requires. Additionally, in cases where an assessment
 2161  was attached to the petition, the respondent may request, or the
 2162  court on its own motion may order, an independent assessment by
 2163  a court-appointed or otherwise agreed-upon qualified
 2164  professional. If an assessment order is issued, it is valid for
 2165  90 days, and if the respondent is present or there is either
 2166  proof of service or his or her location is known, the
 2167  involuntary treatment hearing shall be continued for no more
 2168  than 10 court working days. Otherwise, the petitioner must
 2169  inform the court that the respondent has been assessed so that
 2170  the court may schedule a hearing as soon as is practicable. The
 2171  assessment must occur before the new hearing date, and if there
 2172  is evidence indicating that the respondent will not voluntarily
 2173  appear at the forthcoming hearing or is a danger to self or
 2174  others, the court may enter a preliminary order committing the
 2175  respondent to an appropriate treatment facility for further
 2176  evaluation until the date of the rescheduled hearing. However,
 2177  if after 90 days the respondent remains unassessed, the court
 2178  shall dismiss the case.
 2179         (c)1.The respondent’s assessment by a qualified
 2180  professional must occur within 72 hours after his or her arrival
 2181  at a licensed service provider unless the respondent shows signs
 2182  of withdrawal or a need to be either detoxified or treated for a
 2183  medical condition, which shall extend the amount of time the
 2184  respondent may be held for observation until such issue is
 2185  resolved but no later than the scheduled hearing date, absent a
 2186  court-approved extension. If the respondent is a minor, such
 2187  assessment must be initiated within the first 12 hours of the
 2188  minor’s admission to the facility. The service provider may also
 2189  move to extend the 72 hours of observation by petitioning the
 2190  court in writing for additional time. The service provider must
 2191  furnish copies of such motion to all parties in accordance with
 2192  applicable confidentiality requirements, and after a hearing,
 2193  the court may grant additional time. If the court grants the
 2194  service provider’s petition, the service provider may continue
 2195  to hold the respondent, and if the original or extended
 2196  observation period ends on a weekend or holiday, including the
 2197  hours before the ordinary business hours of the following
 2198  workday morning, the provider may hold the respondent until the
 2199  next court working day.
 2200         2.No later than the ordinary close of business on the day
 2201  before the hearing, the qualified professional shall transmit,
 2202  in accordance with any applicable confidentiality requirements,
 2203  his or her clinical assessment to the clerk of the court, who
 2204  shall enter it into the court file. This report must contain a
 2205  recommendation on the level of substance abuse treatment the
 2206  respondent requires, if any, and the relevant information on
 2207  which the qualified professional’s findings are based. This
 2208  document must further note whether the respondent has any co
 2209  occurring mental health or other treatment needs. For adults
 2210  subject to an involuntary assessment, the report’s filing with
 2211  the court satisfies s. 397.6758 if it also contains the
 2212  respondent’s admission and discharge information. The qualified
 2213  professional’s failure to include a treatment recommendation,
 2214  much like a recommendation of no treatment, shall result in the
 2215  petition’s dismissal.
 2216         (2) The petitioner has the burden of proving by clear and
 2217  convincing evidence that:
 2218         (a) The respondent is substance abuse impaired and has a
 2219  history of lack of compliance with treatment for substance
 2220  abuse; and
 2221         (b) Because of such impairment the respondent is unlikely
 2222  to voluntarily participate in the recommended services or is
 2223  unable to determine for himself or herself whether services are
 2224  necessary and:
 2225         1. Without services, the respondent is likely to suffer
 2226  from neglect or refuse to care for himself or herself; that such
 2227  neglect or refusal poses a real and present threat of
 2228  substantial harm to his or her well-being; and that there is a
 2229  substantial likelihood that without services the respondent will
 2230  cause serious bodily harm to himself, herself, or another in the
 2231  near future, as evidenced by recent behavior; or
 2232         2. The respondent’s refusal to voluntarily receive care is
 2233  based on judgment so impaired by reason of substance abuse that
 2234  the respondent is incapable of appreciating his or her need for
 2235  care and of making a rational decision regarding that need for
 2236  care.
 2237         (3) One of the qualified professionals who executed the
 2238  involuntary services certificate must be a witness. The court
 2239  shall allow testimony from individuals, including family
 2240  members, deemed by the court to be relevant under state law,
 2241  regarding the respondent’s prior history and how that prior
 2242  history relates to the person’s current condition. The Testimony
 2243  in the hearing must be taken under oath, and the proceedings
 2244  must be recorded. The respondent patient may refuse to testify
 2245  at the hearing.
 2246         (4) If at any point during the hearing the court has reason
 2247  to believe that the respondent, due to mental illness other than
 2248  or in addition to substance abuse impairment, meets the
 2249  involuntary commitment provisions of part I of chapter 394, the
 2250  court may initiate involuntary examination proceedings under
 2251  such provisions.
 2252         (5) At the conclusion of the hearing the court shall either
 2253  dismiss the petition or order the respondent to receive
 2254  involuntary treatment services from his or her chosen licensed
 2255  service provider if possible and appropriate. Any treatment
 2256  order must include findings regarding the respondent’s need for
 2257  treatment and the appropriateness of other less restrictive
 2258  alternatives.
 2259         Section 33. Section 397.6975, Florida Statutes, is amended
 2260  to read:
 2261         397.6975 Extension of involuntary treatment services
 2262  period.—
 2263         (1) Whenever a service provider believes that an individual
 2264  who is nearing the scheduled date of his or her release from
 2265  involuntary treatment services continues to meet the criteria
 2266  for involuntary treatment services in s. 397.693 or s. 397.6957,
 2267  a petition for renewal of the involuntary services order must
 2268  may be filed with the court at least 10 days before the
 2269  expiration of the court-ordered services period. The petition
 2270  may be filed by the service provider or by the person who filed
 2271  the petition for the initial treatment order if the petition is
 2272  accompanied by supporting documentation from the service
 2273  provider. The court shall immediately schedule a hearing within
 2274  10 court working days to be held not more than 15 days after
 2275  filing of the petition. The court shall provide the copy of the
 2276  petition for renewal and the notice of the hearing to all
 2277  parties and counsel to the proceeding. The hearing is conducted
 2278  pursuant to ss. 397.6957 and 397.697 and must be before the
 2279  circuit court unless referred to a magistrate s. 397.6957.
 2280         (2) If the court finds that the petition for renewal of the
 2281  involuntary treatment services order should be granted, it may
 2282  order the respondent to receive involuntary treatment services
 2283  for a period not to exceed an additional 90 days. When the
 2284  conditions justifying involuntary treatment services no longer
 2285  exist, the individual must be released as provided in s.
 2286  397.6971. When the conditions justifying involuntary treatment
 2287  services continue to exist after an additional 90 days of
 2288  service, a new petition requesting renewal of the involuntary
 2289  treatment services order may be filed pursuant to this section.
 2290         (3) Within 1 court working day after the filing of a
 2291  petition for continued involuntary services, the court shall
 2292  appoint the office of criminal conflict and civil regional
 2293  counsel to represent the respondent, unless the respondent is
 2294  otherwise represented by counsel. The clerk of the court shall
 2295  immediately notify the office of criminal conflict and civil
 2296  regional counsel of such appointment. The office of criminal
 2297  conflict and civil regional counsel shall represent the
 2298  respondent until the petition is dismissed or the court order
 2299  expires or the respondent is discharged from involuntary
 2300  services. Any attorney representing the respondent shall have
 2301  access to the respondent, witnesses, and records relevant to the
 2302  presentation of the respondent’s case and shall represent the
 2303  interests of the respondent, regardless of the source of payment
 2304  to the attorney.
 2305         (4) Hearings on petitions for continued involuntary
 2306  services shall be before the circuit court. The court may
 2307  appoint a magistrate to preside at the hearing. The procedures
 2308  for obtaining an order pursuant to this section shall be in
 2309  accordance with s. 397.697.
 2310         (5) Notice of hearing shall be provided to the respondent
 2311  or his or her counsel. The respondent and the respondent’s
 2312  counsel may agree to a period of continued involuntary services
 2313  without a court hearing.
 2314         (6) The same procedure shall be repeated before the
 2315  expiration of each additional period of involuntary services.
 2316         (7) If the respondent has previously been found incompetent
 2317  to consent to treatment, the court shall consider testimony and
 2318  evidence regarding the respondent’s competence.
 2319         Section 34. Section 397.6977, Florida Statutes, is amended
 2320  to read:
 2321         397.6977 Disposition of individual upon completion of
 2322  involuntary services.—
 2323         (1) At the conclusion of the 90-day period of court-ordered
 2324  involuntary services, the respondent is automatically discharged
 2325  unless a motion for renewal of the involuntary services order
 2326  has been filed with the court pursuant to s. 397.6975.
 2327         (2)Discharge planning and procedures for any respondent’s
 2328  release from involuntary treatment services must include and
 2329  document the respondent’s needs and actions to address such
 2330  needs for, at a minimum:
 2331         (a)Follow-up behavioral health appointments;
 2332         (b)Information on how to obtain prescribed medications;
 2333         (c)Information pertaining to available living arrangements
 2334  and transportation; and
 2335         (d)Referral to recovery support opportunities, including,
 2336  but not limited to, connection to a peer specialist.
 2337         Section 35. Paragraph (b) of subsection (1) of section
 2338  409.972, Florida Statutes, is amended to read:
 2339         409.972 Mandatory and voluntary enrollment.—
 2340         (1) The following Medicaid-eligible persons are exempt from
 2341  mandatory managed care enrollment required by s. 409.965, and
 2342  may voluntarily choose to participate in the managed medical
 2343  assistance program:
 2344         (b) Medicaid recipients residing in residential commitment
 2345  facilities operated through the Department of Juvenile Justice
 2346  or a treatment facility as defined in s. 394.455 s. 394.455(49).
 2347         Section 36. Paragraph (e) of subsection (4) of section
 2348  464.012, Florida Statutes, is amended to read:
 2349         464.012 Licensure of advanced practice registered nurses;
 2350  fees; controlled substance prescribing.—
 2351         (4) In addition to the general functions specified in
 2352  subsection (3), an advanced practice registered nurse may
 2353  perform the following acts within his or her specialty:
 2354         (e) A psychiatric nurse, who meets the requirements in s.
 2355  394.455 s. 394.455(36), within the framework of an established
 2356  protocol with a psychiatrist, may prescribe psychotropic
 2357  controlled substances for the treatment of mental disorders.
 2358         Section 37. Subsection (7) of section 744.2007, Florida
 2359  Statutes, is amended to read:
 2360         744.2007 Powers and duties.—
 2361         (7) A public guardian may not commit a ward to a treatment
 2362  facility, as defined in s. 394.455 s. 394.455(49), without an
 2363  involuntary placement proceeding as provided by law.
 2364         Section 38. Paragraph (c) of subsection (2) of section
 2365  916.13, Florida Statutes, is amended, and paragraph (d) is added
 2366  to that subsection, to read:
 2367         916.13 Involuntary commitment of defendant adjudicated
 2368  incompetent.—
 2369         (2) A defendant who has been charged with a felony and who
 2370  has been adjudicated incompetent to proceed due to mental
 2371  illness, and who meets the criteria for involuntary commitment
 2372  under this chapter, may be committed to the department, and the
 2373  department shall retain and treat the defendant.
 2374         (c)1.If the department determines at any time that a
 2375  defendant will not or is unlikely to regain competency to
 2376  proceed, the department shall, within 30 days after the
 2377  determination, complete and submit a competency evaluation
 2378  report to the circuit court to determine if the defendant meets
 2379  the criteria for involuntary commitment under s. 394.467. A
 2380  qualified professional, as defined in s. 394.455, shall sign the
 2381  competency evaluation report for the circuit court under penalty
 2382  of perjury. A copy of the report must be provided, at a minimum,
 2383  to the court, state attorney, and counsel for the defendant
 2384  before initiating any transfer of the defendant back to the
 2385  committing jurisdiction.
 2386         2.For the purposes of this paragraph, the term “competency
 2387  evaluation report to the circuit court” means a report by the
 2388  department regarding a defendant’s incompetence to proceed in a
 2389  criminal proceeding due to mental illness as set forth in this
 2390  section. The report must include, at a minimum, the following
 2391  information regarding the defendant:
 2392         a.A description of mental, emotional, and behavioral
 2393  disturbances;
 2394         b.An explanation to support the opinion of incompetence to
 2395  proceed;
 2396         c.The rationale to support why the defendant is unlikely
 2397  to gain competence to proceed in the foreseeable future;
 2398         d.A clinical opinion regarding whether the defendant no
 2399  longer meets the criteria for involuntary forensic commitment
 2400  pursuant to this section; and
 2401         e.A recommendation on whether the defendant meets the
 2402  criteria for involuntary services pursuant to s. 394.467.
 2403         (d) The defendant must be transported, in accordance with
 2404  s. 916.107, to the committing court’s jurisdiction within 7 days
 2405  after of notification that the defendant is competent to proceed
 2406  or no longer meets the criteria for continued commitment. A
 2407  determination on the issue of competency must be made at a
 2408  hearing within 30 days of the notification. If the defendant is
 2409  receiving psychotropic medication at a mental health facility at
 2410  the time he or she is discharged and transferred to the jail,
 2411  the administering of such medication must continue unless the
 2412  jail physician documents the need to change or discontinue it.
 2413  To ensure continuity of care, the referring mental health
 2414  facility must transfer the patient with up to 30 days of
 2415  medications and assist in discharge planning with medical teams
 2416  at the receiving county jail. The jail and facility’s department
 2417  physicians shall collaborate to ensure that medication changes
 2418  do not adversely affect the defendant’s mental health status or
 2419  his or her ability to continue with court proceedings; however,
 2420  the final authority regarding the administering of medication to
 2421  an inmate in jail rests with the jail physician. Notwithstanding
 2422  this paragraph, a defendant who meets the criteria for
 2423  involuntary examination pursuant to s. 394.463 as determined by
 2424  an independent clinical opinion shall appear remotely for the
 2425  hearing. Court witnesses may appear remotely.
 2426         Section 39. Section 397.6811, Florida Statutes, is
 2427  repealed.
 2428         Section 40. Section 397.6814, Florida Statutes, is
 2429  repealed.
 2430         Section 41. Section 397.6815, Florida Statutes, is
 2431  repealed.
 2432         Section 42. Section 397.6819, Florida Statutes, is
 2433  repealed.
 2434         Section 43. Section 397.6821, Florida Statutes, is
 2435  repealed.
 2436         Section 44. Section 397.6822, Florida Statutes, is
 2437  repealed.
 2438         Section 45. Section 397.6978, Florida Statutes, is
 2439  repealed.
 2440         Section 46. This act shall take effect July 1, 2024.