Florida Senate - 2025 CS for CS for SB 1604
By the Appropriations Committee on Criminal and Civil Justice;
the Committee on Criminal Justice; and Senator Martin
604-03627-25 20251604c2
1 A bill to be entitled
2 An act relating to corrections; amending s. 57.085,
3 F.S.; revising provisions relating to deferral of
4 prepayment of court costs and fees for indigent
5 prisoners for actions involving challenges to prison
6 disciplinary reports; amending s. 95.11, F.S.;
7 providing for a 1-year period of limitation for
8 bringing certain actions relating to the condition of
9 confinement of prisoners; creating s. 760.701, F.S.;
10 defining the term “prisoner”; requiring exhaustion of
11 administrative remedies before certain actions
12 concerning confinement of prisoners may be brought;
13 providing for dismissal of certain actions involving
14 prisoner confinement in certain circumstances;
15 requiring a showing of physical injury or the
16 commission of a certain act as a condition precedent
17 for bringing certain actions relating to prisoner
18 confinement; specifying a time limitation period for
19 bringing an action concerning any condition of
20 confinement; amending s. 775.087, F.S.; requiring a
21 court to impose consecutive terms of imprisonment if
22 the offender is convicted of multiple specified felony
23 offenses; authorizing a court to impose consecutive
24 terms of imprisonment if the offender commits certain
25 offenses in conjunction with another felony offense;
26 making technical changes; amending s. 934.425, F.S.;
27 exempting certain persons working for the Department
28 of Corrections or the Department of Juvenile Justice,
29 and persons authorized pursuant to a court order, from
30 provisions regulating the use of tracking devices or
31 tracking applications; amending s. 945.41, F.S.;
32 revising legislative intent; revising provisions
33 relating to mental health treatment for inmates;
34 requiring that an inmate give his or her express and
35 informed consent to such treatment; specifying
36 information an inmate must receive regarding
37 treatment; authorizing the warden to authorize certain
38 emergency medical treatment under the direction of the
39 inmate’s attending physician under certain
40 circumstances; amending s. 945.42, F.S.; revising and
41 providing definitions; amending s. 945.43, F.S.;
42 revising provisions concerning involuntary
43 examinations; amending s. 945.44, F.S.; revising
44 provisions concerning involuntary placement and
45 treatment of an inmate in a mental health treatment
46 facility; repealing s. 945.45, F.S., relating to
47 continued placement of inmates in mental health
48 treatment facilities; amending s. 945.46, F.S.;
49 providing requirements for filing petitions for
50 involuntary inpatient placement for certain inmates;
51 authorizing the court to order alternative means and
52 venues for certain hearings; requiring, rather than
53 authorizing, inmates to be transported to the nearest
54 receiving facility in certain circumstances; amending
55 s. 945.47, F.S.; specifying purposes for which an
56 inmate’s mental health treatment records may be
57 provided to the Florida Commission on Offender Review
58 and the Department of Children and Families;
59 authorizing such records to be provided to certain
60 facilities upon request; amending s. 945.48, F.S.;
61 substantially revising provisions relating to
62 emergency treatment orders and use of force and
63 providing requirements for such orders and use of
64 force; providing requirements for emergency and
65 psychotropic medications and use of force; creating s.
66 945.485, F.S.; providing legislative findings;
67 providing requirements for management of and treatment
68 for an inmate’s self-injurious behaviors; requiring
69 facility wardens to consult with an inmate’s treating
70 physician in certain circumstances and make certain
71 determinations; providing for petitions to compel an
72 inmate to submit to medical treatment in certain
73 circumstances; providing construction; amending s.
74 945.49, F.S.; deleting a requirement that the
75 Department of Corrections adopt certain rules in
76 cooperation with the Mental Health Program Office of
77 the Department of Children and Families; creating s.
78 945.6402, F.S.; providing definitions; providing
79 legislative findings and intent; providing
80 requirements for inmate capacity, health care advance
81 directives, and proxies; authorizing the use of force
82 on incapacitated inmates in certain circumstances;
83 providing immunity from liability for certain persons
84 in certain circumstances; amending s. 947.02, F.S.;
85 revising the manner in which the membership of the
86 Florida Commission on Offender Review is appointed;
87 repealing s. 947.021, F.S., relating to expedited
88 appointments of the Florida Commission on Offender
89 Review; amending s. 947.12, F.S.; conforming
90 provisions to changes made by the act; amending s.
91 957.04, F.S.; revising requirements for contracting
92 for certain services; amending s. 957.09, F.S.;
93 deleting a provision relating to minority business
94 enterprises; amending s. 20.32, F.S.; conforming
95 provisions to changes made by the act; providing an
96 effective date.
97
98 Be It Enacted by the Legislature of the State of Florida:
99
100 Section 1. Subsection (10) of section 57.085, Florida
101 Statutes, is amended to read:
102 57.085 Deferral of prepayment of court costs and fees for
103 indigent prisoners.—
104 (10) With the exception of challenges to prison
105 disciplinary reports, this section does not apply to a criminal
106 proceeding or a collateral criminal proceeding.
107 Section 2. Paragraph (b) of subsection (2) and paragraphs
108 (f) and (g) of subsection (6) of section 95.11, Florida
109 Statutes, are amended to read:
110 95.11 Limitations other than for the recovery of real
111 property.—Actions other than for recovery of real property shall
112 be commenced as follows:
113 (2) WITHIN FIVE YEARS.—
114 (b) A legal or equitable action on a contract, obligation,
115 or liability founded on a written instrument, except for an
116 action to enforce a claim against a payment bond, which shall be
117 governed by the applicable provisions of paragraph (6)(e), s.
118 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an
119 action for a deficiency judgment governed by paragraph (6)(g)
120 (6)(h).
121 (6) WITHIN ONE YEAR.—
122 (f) Except for actions described in subsection (9), or a
123 petition challenging a criminal conviction, all petitions;
124 extraordinary writs; tort actions, including those under s.
125 768.28(14); or other actions which concern any condition of
126 confinement of a prisoner a petition for extraordinary writ,
127 other than a petition challenging a criminal conviction, filed
128 by or on behalf of a prisoner as defined in s. 57.085. Any
129 petition, writ, or action brought under this paragraph must be
130 commenced within 1 year after the time the incident, conduct, or
131 conditions occurred or within 1 year after the time the
132 incident, conduct, or conditions were discovered, or should have
133 been discovered.
134 (g) Except for actions described in subsection (9), an
135 action brought by or on behalf of a prisoner, as defined in s.
136 57.085, relating to the conditions of the prisoner’s
137 confinement.
138 Section 3. Section 760.701, Florida Statutes, is created to
139 read:
140 760.701 Lawsuits by prisoners.—
141 (1) For the purposes of this section, the term “prisoner”
142 means any person incarcerated or detained in any jail, prison,
143 or other correctional facility who is accused of, convicted of,
144 sentenced for, or adjudicated delinquent for violations of
145 criminal law or the terms and conditions of parole, probation,
146 pretrial release, or a diversionary program.
147 (2) An action may not be brought by or on behalf of a
148 prisoner relating to the conditions of the prisoner’s
149 confinement under 42 U.S.C. s. 1983, or any other state or
150 federal law, until the administrative remedies available are
151 fully exhausted.
152 (3) The court shall on its own motion or on the motion of a
153 party dismiss any action brought relating to the conditions of
154 the prisoner’s confinement under 42 U.S.C. s. 1983, or any other
155 state or federal law, by a prisoner if the court is satisfied
156 that the action is frivolous, malicious, fails to state a claim
157 upon which relief can be granted, or seeks monetary relief from
158 a defendant who is immune from such relief. The court shall
159 review any such action pursuant to s. 57.085(6).
160 (4) An action may not be brought in state court by or on
161 behalf of a prisoner relating to the conditions of the
162 prisoner’s confinement under 42 U.S.C. s. 1983, or any state
163 tort action, for mental or emotional injury suffered while in
164 custody without a prior showing of physical injury or the
165 commission of a sexual act as defined in 18 U.S.C. s. 2246(2).
166 (5) The time for bringing an action that concerns any
167 condition of confinement of a prisoner shall be the limitations
168 period as described in s. 95.11(6)(f).
169 Section 4. Present paragraph (e) of subsection (3) of
170 section 775.087, Florida Statutes, is redesignated as paragraph
171 (f), paragraph (e) is added to subsection (2) and a new
172 paragraph (e) is added to subsection (3) of that section, and
173 paragraphs (a) and (d) of subsection (2) and paragraphs (a) and
174 (d) of subsection (3) of that section are amended, to read:
175 775.087 Possession or use of weapon; aggravated battery;
176 felony reclassification; minimum sentence.—
177 (2)(a)1. Any person who is convicted of a felony or an
178 attempt to commit a felony, regardless of whether the use of a
179 weapon is an element of the felony, and the conviction was for:
180 a. Murder;
181 b. Sexual battery;
182 c. Robbery;
183 d. Burglary;
184 e. Arson;
185 f. Aggravated battery;
186 g. Kidnapping;
187 h. Escape;
188 i. Aircraft piracy;
189 j. Aggravated child abuse;
190 k. Aggravated abuse of an elderly person or disabled adult;
191 l. Unlawful throwing, placing, or discharging of a
192 destructive device or bomb;
193 m. Carjacking;
194 n. Home-invasion robbery;
195 o. Aggravated stalking;
196 p. Trafficking in cannabis, trafficking in cocaine, capital
197 importation of cocaine, trafficking in illegal drugs, capital
198 importation of illegal drugs, trafficking in phencyclidine,
199 capital importation of phencyclidine, trafficking in
200 methaqualone, capital importation of methaqualone, trafficking
201 in amphetamine, capital importation of amphetamine, trafficking
202 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
203 (GHB), trafficking in 1,4-Butanediol, trafficking in
204 Phenethylamines, or other violation of s. 893.135(1);
205 q. Possession of a firearm by a felon; or
206 r. Human trafficking,
207
208 and during the commission of the offense, such person actually
209 possessed a “firearm” or “destructive device” as those terms are
210 defined in s. 790.001, shall be sentenced to a minimum term of
211 imprisonment of 10 years, except that a person who is convicted
212 for possession of a firearm by a felon or burglary of a
213 conveyance shall be sentenced to a minimum term of imprisonment
214 of 3 years if such person possessed a “firearm” or “destructive
215 device” during the commission of the offense. However, if an
216 offender who is convicted of the offense of possession of a
217 firearm by a felon has a previous conviction of committing or
218 attempting to commit a felony listed in s. 775.084(1)(b)1. and
219 actually possessed a firearm or destructive device during the
220 commission of the prior felony, the offender shall be sentenced
221 to a minimum term of imprisonment of 10 years.
222 2. Any person who is convicted of a felony or an attempt to
223 commit a felony listed in sub-subparagraphs 1.a.-p. or sub
224 subparagraph 1.r., regardless of whether the use of a weapon is
225 an element of the felony, and during the course of the
226 commission of the felony such person discharged a “firearm” or
227 “destructive device” as those terms are defined in s. 790.001
228 shall be sentenced to a minimum term of imprisonment of 20
229 years.
230 3. Any person who is convicted of a felony or an attempt to
231 commit a felony listed in sub-subparagraphs 1.a.-p. or sub
232 subparagraph 1.r., regardless of whether the use of a weapon is
233 an element of the felony, and during the course of the
234 commission of the felony such person discharged a “firearm” or
235 “destructive device” as those terms are defined in s. 790.001
236 and, as the result of the discharge, death or great bodily harm
237 was inflicted upon any person, the convicted person shall be
238 sentenced to a minimum term of imprisonment of not less than 25
239 years and not more than a term of imprisonment of life in
240 prison.
241 (d) It is the intent of the Legislature that offenders who
242 actually possess, carry, display, use, threaten to use, or
243 attempt to use firearms or destructive devices be punished to
244 the fullest extent of the law. The court shall impose, and the
245 minimum term terms of imprisonment required under paragraph (a)
246 imposed pursuant to this subsection shall be imposed for each
247 qualifying felony offense count for which the person is
248 convicted. If the offender is convicted of multiple felony
249 offenses for which paragraph (a) requires the imposition of a
250 minimum term of imprisonment, the court must shall impose any
251 such terms term of imprisonment provided for in this subsection
252 consecutively to any other term of imprisonment imposed for any
253 other felony offense.
254 (e) If an offender commits a felony listed in subparagraph
255 (a)1. in conjunction with any other felony offense not listed in
256 subparagraph (a)1., the court may impose any term of
257 imprisonment provided for in paragraph (a) consecutively to any
258 other term of imprisonment imposed for any other felony offense
259 not listed in subparagraph (a)1.
260 (3)(a)1. Any person who is convicted of a felony or an
261 attempt to commit a felony, regardless of whether the use of a
262 firearm is an element of the felony, and the conviction was for:
263 a. Murder;
264 b. Sexual battery;
265 c. Robbery;
266 d. Burglary;
267 e. Arson;
268 f. Aggravated battery;
269 g. Kidnapping;
270 h. Escape;
271 i. Sale, manufacture, delivery, or intent to sell,
272 manufacture, or deliver any controlled substance;
273 j. Aircraft piracy;
274 k. Aggravated child abuse;
275 l. Aggravated abuse of an elderly person or disabled adult;
276 m. Unlawful throwing, placing, or discharging of a
277 destructive device or bomb;
278 n. Carjacking;
279 o. Home-invasion robbery;
280 p. Aggravated stalking;
281 q. Trafficking in cannabis, trafficking in cocaine, capital
282 importation of cocaine, trafficking in illegal drugs, capital
283 importation of illegal drugs, trafficking in phencyclidine,
284 capital importation of phencyclidine, trafficking in
285 methaqualone, capital importation of methaqualone, trafficking
286 in amphetamine, capital importation of amphetamine, trafficking
287 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
288 (GHB), trafficking in 1,4-Butanediol, trafficking in
289 Phenethylamines, or other violation of s. 893.135(1); or
290 r. Human trafficking,
291
292 and during the commission of the offense, such person possessed
293 a semiautomatic firearm and its high-capacity detachable box
294 magazine or a machine gun as defined in s. 790.001, shall be
295 sentenced to a minimum term of imprisonment of 15 years.
296 2. Any person who is convicted of a felony or an attempt to
297 commit a felony listed in subparagraph 1., regardless of whether
298 the use of a weapon is an element of the felony, and during the
299 course of the commission of the felony such person discharged a
300 semiautomatic firearm and its high-capacity box magazine or a
301 “machine gun” as defined in s. 790.001 shall be sentenced to a
302 minimum term of imprisonment of 20 years.
303 3. Any person who is convicted of a felony or an attempt to
304 commit a felony listed in subparagraph 1., regardless of whether
305 the use of a weapon is an element of the felony, and during the
306 course of the commission of the felony such person discharged a
307 semiautomatic firearm and its high-capacity box magazine or a
308 “machine gun” as defined in s. 790.001 and, as the result of the
309 discharge, death or great bodily harm was inflicted upon any
310 person, the convicted person shall be sentenced to a minimum
311 term of imprisonment of not less than 25 years and not more than
312 a term of imprisonment of life in prison.
313 (d) It is the intent of the Legislature that offenders who
314 possess, carry, display, use, threaten to use, or attempt to use
315 a semiautomatic firearm and its high-capacity detachable box
316 magazine or a machine gun as defined in s. 790.001 be punished
317 to the fullest extent of the law. The court shall impose, and
318 the minimum term terms of imprisonment required under paragraph
319 (a) imposed pursuant to this subsection shall be imposed for
320 each qualifying felony offense count for which the person is
321 convicted. If the offender is convicted of multiple felony
322 offenses for which paragraph (a) requires the imposition of a
323 minimum term of imprisonment, the court must shall impose any
324 such terms term of imprisonment provided for in this subsection
325 consecutively to any other term of imprisonment imposed for any
326 other felony offense.
327 (e) If an offender commits a felony listed in subparagraph
328 (a)1. in conjunction with any other felony offense not listed in
329 subparagraph (a)1., the court may impose any term of
330 imprisonment provided for in paragraph (a) consecutively to any
331 other term of imprisonment imposed for any other felony offense
332 not listed in subparagraph (a)1.
333 Section 5. Present paragraphs (b) through (e) of subsection
334 (4) of section 934.425, Florida Statutes, are redesignated as
335 paragraphs (f) through (i), respectively, and new paragraphs (b)
336 through (e) are added to that subsection, to read:
337 934.425 Installation or use of tracking devices or tracking
338 applications; exceptions; penalties.—
339 (4) This section does not apply to:
340 (b) A law enforcement officer as defined in s. 943.10, or
341 any local, state, federal, or military law enforcement agency,
342 who lawfully installs, places, or uses a tracking device or
343 application on another person while acting in the course or
344 scope of his or her employment.
345 (c) A correctional officer, a correctional probation
346 officer, or any other officer or support personnel, as those
347 terms are defined in s. 943.10, of the Department of Corrections
348 who lawfully installs, places, or uses a tracking device or
349 tracking application on a person in his or her care, custody, or
350 control and in the course and scope of his or her employment.
351 (d) A juvenile probation officer, an authorized agent or
352 designee, or delinquency program staff, as those terms are
353 defined in s. 985.03, of the Department of Juvenile Justice who
354 lawfully installs, places, or uses a tracking device or tracking
355 application on a person in his or her care, custody, or control
356 and in the course and scope of his or her employment.
357 (e) A person authorized to install, place, or use a
358 tracking device or tracking application pursuant to a court
359 order.
360 Section 6. Section 945.41, Florida Statutes, is amended to
361 read:
362 945.41 Mental health treatment for inmates; legislative
363 intent of ss. 945.40-945.49.—
364 (1) INTENT.—It is the intent of the Legislature that:
365 (a) mentally ill Inmates in the custody of the department
366 who have a mental illness of Corrections receive an evaluation
367 and appropriate treatment for their mental illness through a
368 continuum of outpatient and inpatient mental health treatment
369 and services.
370 (b) The department is authorized to purchase treatment
371 materials and equipment to support inmate rehabilitation; to
372 ameliorate disabling mental symptoms associated with impairment
373 in behavioral functioning, sensory and motor skills, and impulse
374 control; and to improve adaptive coping skills consistent with
375 the department’s jurisdiction as described in s. 945.025.
376 (c) Sections 945.40-945.49 do not supplement, amend, or
377 change the responsibilities of the Department of Children and
378 Families pursuant to chapter 916, the Forensic Client Services
379 Act, which governs forensic services for persons who are
380 incompetent to proceed as defined in s. 916.106.
381 (2) INDIVIDUAL DIGNITY AND TREATMENT.—
382 (a) An inmate in the custody of the department shall be
383 offered treatment that is suited to his or her needs as
384 determined by health care staff.
385 (b) The department shall provide mental health treatment
386 and services to inmates and may contract with any entities,
387 persons, or agencies qualified to provide such treatment and
388 services.
389 (c) Inmates receiving mental health treatment and services
390 shall be offered the opportunity to participate in the
391 development of a written individualized treatment plan and be
392 provided a copy of such plan before its implementation. It is
393 further the intent of the Legislature that:
394 (d)(1) Inmates in the custody of the department who have
395 mental illnesses that require hospitalization and intensive
396 mental health psychiatric inpatient treatment and services or
397 care shall be offered receive appropriate treatment or care in
398 an inpatient setting Department of Corrections mental health
399 treatment facilities designated for that purpose. Inmates who
400 have mental illnesses that require intensive hospitalization
401 level mental health inpatient treatment and services shall be
402 transferred to a department mental health treatment facility
403 designated for that purpose The Department of Corrections shall
404 provide mental health services to inmates committed to it and
405 may contract with any entities, persons, or agencies qualified
406 to provide such services.
407 (e)(2) Mental health treatment facilities shall be secure
408 and adequately equipped and staffed for the provision of mental
409 health treatment and services. Inmates shall be offered the
410 least restrictive appropriate available treatment and services
411 based on their assessed needs and best interests and consistent
412 with improvement of their condition for facilitation of
413 appropriate adjustment within the correctional environment
414 services and that, to the extent possible, such services be
415 provided in the least restrictive manner consistent with optimum
416 improvement of the inmate’s condition.
417 (3) EXPRESS AND INFORMED CONSENT.—
418 (a) A mentally competent inmate offered mental health
419 treatment within the department shall give his or her express
420 and informed consent for such treatment. Before giving such
421 consent, the following information shall be provided and
422 explained in plain language to the inmate:
423 1. The proposed treatment.
424 2. The purpose of the treatment.
425 3. The common risks, benefits, and side effects of the
426 treatment and the specific dosage range for a medication, if
427 applicable.
428 4. Alternative treatment modalities.
429 5. The approximate length of treatment.
430 6. The potential effects of stopping treatment.
431 7. How treatment will be monitored.
432 8. That any consent given for treatment may be revoked
433 orally or in writing before or during the treatment period by
434 the inmate or by a person legally authorized to make health care
435 decisions on behalf of the inmate.
436 (b) Inmates who are determined to be incompetent to consent
437 to treatment shall receive treatment deemed to be necessary for
438 their appropriate care and for the safety of the inmate or
439 others in accordance with the procedures established in ss.
440 945.40-945.49.
441 (4)(3) PAROLE.—Inmates who are transferred to any facility
442 for the purpose of mental health treatment and services shall be
443 given consideration for parole and be eligible for release by
444 reason of gain-time allowances as provided in s. 944.291 and
445 release by expiration of sentence, consistent with guidelines
446 established for that purpose by the department.
447 (5)(4) YOUTHFUL OFFENDERS.—Any inmate sentenced as a
448 youthful offender, or designated as a youthful offender by the
449 department under chapter 958, who is transferred pursuant to
450 this act to a mental health treatment facility shall be
451 separated from other inmates, if necessary, as determined by the
452 warden of the mental health treatment facility.
453 (6)(5) TREATMENT FACILITIES.—The department may designate
454 mental health treatment facilities for adult, youthful, and
455 female offenders or may contract with other appropriate
456 entities, persons, or agencies for such services.
457 (7) EMERGENCY MEDICAL TREATMENT.—Notwithstanding any other
458 provision of this section, when the express and informed consent
459 of an inmate placed in a mental health treatment facility in
460 accordance with s. 945.44 cannot be obtained or the inmate is
461 incompetent to consent to treatment, the warden of a mental
462 health treatment facility, or his or her designated
463 representative, under the direction of the inmate’s attending
464 physician, may authorize nonpsychiatric, emergency surgical
465 treatment or other routine medical treatment if such treatment
466 is deemed lifesaving or there is a situation threatening serious
467 bodily harm to the inmate.
468 Section 7. Section 945.42, Florida Statutes, is amended to
469 read:
470 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
471 945.40-945.49, the following terms shall have the meanings
472 ascribed to them, unless the context shall clearly indicate
473 otherwise:
474 (1) “Court” means the circuit court.
475 (2) “Crisis stabilization care” means an inpatient a level
476 of care that is less restrictive and intensive intense than care
477 provided in a mental health treatment facility, that includes a
478 broad range of evaluation and treatment and services provided
479 within a secure and highly structured residential setting or
480 locked residential setting, and that is intended for inmates who
481 are experiencing acute psychological emotional distress and who
482 cannot be adequately evaluated and treated in a transitional
483 care unit or infirmary isolation management room. Such treatment
484 and services are is also more intense than treatment and
485 services provided in a transitional care unit and are is devoted
486 principally toward rapid stabilization of acute symptoms and
487 conditions.
488 (3) “Department” means the Department of Corrections.
489 (4) “Express and informed consent” means consent
490 voluntarily given in writing by a competent inmate, after
491 sufficient explanation and disclosure of the subject matter
492 involved, to enable the inmate to make a knowing and willful
493 decision without any element of force, fraud, deceit, duress, or
494 other form of constraint or coercion.
495 (5) “Gravely disabled” means a condition in which an
496 inmate, as a result of a diagnosed mental illness, is:
497 (a) In danger of serious physical harm resulting from the
498 inmate’s failure to provide for his or her essential physical
499 needs of food, clothing, hygiene, health, or safety without the
500 assistance of others; or
501 (b) Experiencing a substantial deterioration in behavioral
502 functioning evidenced by the inmate’s unremitting decline in
503 volitional control over his or her actions.
504 (6) “Incompetent to consent to treatment” means a state in
505 which an inmate’s judgment is so affected by mental illness that
506 he or she lacks the capacity to make a well-reasoned, willful,
507 and knowing decision concerning his or her medical or mental
508 health treatment and services. The term is distinguished from
509 the term incompetent to proceed, as defined in s. 916.106, and
510 refers only to an inmate’s inability to provide express and
511 informed consent for medical or mental health treatment and
512 services.
513 (4) “Director” means the Director for Mental Health
514 Services of the Department of Corrections or his or her
515 designee.
516 (5) “In immediate need of care and treatment” means that an
517 inmate is apparently mentally ill and is not able to be
518 appropriately cared for in the institution where he or she is
519 confined and that, but for being isolated in a more restrictive
520 and secure housing environment, because of the apparent mental
521 illness:
522 (a)1. The inmate is demonstrating a refusal to care for
523 himself or herself and without immediate treatment intervention
524 is likely to continue to refuse to care for himself or herself,
525 and such refusal poses an immediate, real, and present threat of
526 substantial harm to his or her well-being; or
527 2. There is an immediate, real, and present threat that the
528 inmate will inflict serious bodily harm on himself or herself or
529 another person, as evidenced by recent behavior involving
530 causing, attempting, or threatening such harm;
531 (b) The inmate is unable to determine for himself or
532 herself whether placement is necessary; and
533 (c) All available less restrictive treatment alternatives
534 that would offer an opportunity for improvement of the inmate’s
535 condition have been clinically determined to be inappropriate.
536 (7)(6) “In need of care and treatment” means that an inmate
537 has a mental illness for which inpatient services in a mental
538 health treatment facility are necessary and that, but for being
539 isolated in a more restrictive and secure housing environment,
540 because of the mental illness:
541 (a) But for being isolated in a more restrictive and secure
542 housing environment:
543 1. The inmate is demonstrating a refusal to care for
544 himself or herself and without treatment is likely to continue
545 to refuse to care for himself or herself, and such refusal poses
546 a real and present threat of substantial harm to his or her
547 well-being; or
548 2. There is a substantial likelihood that in the near
549 future the inmate will inflict serious bodily harm on himself or
550 herself or another person, as evidenced by recent behavior
551 causing, attempting, or threatening such harm.;
552 (b) The inmate is incompetent to consent to treatment and
553 is unable or is refusing to provide express and informed consent
554 to treatment.
555 (c)(b) The inmate is unable to determine for himself or
556 herself whether placement is necessary.; and
557 (d)(c) All available less restrictive treatment
558 alternatives that would offer an opportunity for improvement of
559 the inmate’s condition have been clinically determined to be
560 inappropriate.
561 (8)(7) “Inmate” means any person committed to the custody
562 of the Department of Corrections.
563 (9) “Involuntary examination” means a psychiatric
564 examination performed at a mental health treatment facility to
565 determine whether an inmate should be placed in the mental
566 health treatment facility for inpatient mental health treatment
567 and services.
568 (10) “Likelihood of serious harm” means:
569 (a) A substantial risk that the inmate will inflict serious
570 physical harm upon his or her own person, as evidenced by
571 threats or attempts to commit suicide or the actual infliction
572 of serious physical harm on self;
573 (b) A substantial risk that the inmate will inflict
574 physical harm upon another person, as evidenced by behavior
575 which has caused such harm or which places any person in
576 reasonable fear of sustaining such harm; or
577 (c) A reasonable degree of medical certainty that the
578 inmate will suffer serious physical or mental harm, as evidenced
579 by the inmate’s recent behavior demonstrating an inability to
580 refrain from engaging in self-harm behavior.
581 (11)(8) “Mental health treatment facility” means any
582 extended treatment or hospitalization-level unit within the
583 corrections system which the Assistant Secretary for Health
584 Services of the department specifically designates by rule to
585 provide acute mental health psychiatric care and which may
586 include involuntary treatment and therapeutic intervention in
587 contrast to less intensive levels of care such as outpatient
588 mental health care, transitional mental health care, or crisis
589 stabilization care. The term does not include a forensic
590 facility as defined in s. 916.106.
591 (12)(9) “Mental illness” or “mentally ill” means an
592 impairment of the mental or emotional processes that exercise
593 conscious control of one’s actions or of the ability to perceive
594 or understand reality, which impairment substantially interferes
595 with the person’s ability to meet the ordinary demands of
596 living. However, for the purposes of transferring an inmate to a
597 mental health treatment facility, the term does not include a
598 developmental disability as defined in s. 393.063, simple
599 intoxication, or conditions manifested only by antisocial
600 behavior or substance abuse addiction. However, an individual
601 who is developmentally disabled may also have a mental illness.
602 (13)(10) “Psychiatrist” means a medical practitioner
603 licensed pursuant to chapter 458 or chapter 459 who has
604 primarily diagnosed and treated nervous and mental disorders for
605 a period of not less than 3 years inclusive of psychiatric
606 residency.
607 (14)(11) “Psychological professional” means a behavioral
608 practitioner who has an approved doctoral degree in psychology
609 as defined in s. 490.003(3)(b) s. 490.003(3) and is employed by
610 the department or who is licensed as a psychologist pursuant to
611 chapter 490.
612 (15)(12) “Secretary” means the Secretary of Corrections.
613 (16)(13) “Transitional mental health care” means a level of
614 care that is more intensive than outpatient care, but less
615 intensive than crisis stabilization care, and is characterized
616 by the provision of traditional mental health treatment and
617 services, treatments such as group and individual therapy,
618 activity therapy, recreational therapy, and psychotropic
619 medications in the context of a secure, structured residential
620 setting. Transitional mental health care is indicated for an
621 inmate a person with chronic or residual symptomatology who does
622 not require crisis stabilization care or acute mental health
623 psychiatric care, but whose impairment in functioning
624 nevertheless renders him or her incapable of adjusting
625 satisfactorily within the general inmate population.
626 (17) “Treatment” means psychotropic medications prescribed
627 by a medical practitioner licensed pursuant to chapter 458 or
628 chapter 459, including those laboratory tests and related
629 medical procedures that are essential for the safe and effective
630 administration of a psychotropic medication and psychological
631 interventions and services, such as group and individual
632 psychotherapy, activity therapy, recreational therapy, and music
633 therapy. The term does not include forensic services for inmate
634 defendants who are incompetent to proceed as defined in s.
635 916.106.
636 (18)(14) “Warden” means the warden of a state corrections
637 facility or his or her designee.
638 Section 8. Section 945.43, Florida Statutes, is amended to
639 read:
640 (Substantial rewording of section. See
641 s. 945.43, F.S., for present text.)
642 945.43 Involuntary examination.—
643 (1) If there is reason to believe that an inmate has a
644 mental illness and the inmate is in need of care and treatment,
645 the inmate’s treating clinician may refer the inmate to a mental
646 health treatment facility for an involuntary examination. Upon
647 referral, the warden of the facility where the inmate is housed
648 shall transfer the inmate to a mental health treatment facility.
649 (2) Upon arrival to the mental health treatment facility,
650 the inmate shall be examined by a psychiatrist and a second
651 psychiatrist or psychological professional to determine whether
652 the inmate is in need of care and treatment.
653 (3) If, after the examination, the inmate is determined to
654 be in need of care and treatment, the psychiatrist shall propose
655 a recommended course of treatment that is essential to the care
656 of the inmate, and the warden shall initiate proceedings for
657 placement of the inmate in the mental health treatment facility
658 and for involuntary treatment of the inmate as specified in s.
659 945.44. If the inmate is not in need of care and treatment, he
660 or she shall be transferred out of the mental health treatment
661 facility and provided with appropriate mental health services.
662 (4) The involuntary examination and initiation of court
663 proceedings for the placement and applicable involuntary
664 treatment of the inmate in the mental health treatment facility
665 shall be completed within 10 calendar days after arrival.
666 (5) The inmate may remain in the mental health treatment
667 facility pending a hearing after the timely filing of a petition
668 as described in s. 945.44. Pending a hearing, necessary
669 emergency treatment may be provided in the mental health
670 treatment facility upon the written order of a physician as
671 provided in s. 945.48.
672 Section 9. Section 945.44, Florida Statutes, is amended to
673 read:
674 (Substantial rewording of section. See
675 s. 945.44, F.S., for present text.)
676 945.44 Placement and treatment of an inmate in a mental
677 health treatment facility.—
678 (1) CRITERIA FOR INVOLUNTARY PLACEMENT OR TREATMENT.—
679 (a) An inmate may be placed in a mental health treatment
680 facility if he or she is mentally ill and is in need of care and
681 treatment.
682 (b) An inmate may receive involuntary treatment for which
683 the inmate is unable or has refused to provide express and
684 informed consent, if all of the following apply:
685 1. The inmate is mentally ill;
686 2. The treatment is essential to the care of the inmate;
687 3. The treatment is not experimental and does not present
688 an unreasonable risk of serious, hazardous, or irreversible side
689 effects;
690 4. The inmate is gravely disabled or poses a likelihood of
691 serious harm; and
692 5. The inmate is incompetent to consent to treatment.
693 (2) HEARING PROCEDURES FOR PETITIONS FOR PLACEMENT AND
694 TREATMENT.—
695 (a) An inmate may be placed and involuntarily treated in a
696 mental health treatment facility after notice and hearing upon
697 the recommendation of the warden of the facility where the
698 inmate is confined. The warden of the institution where the
699 mental health treatment facility is located shall petition the
700 circuit court serving the county for an order authorizing the
701 placement and treatment of the inmate. The petition must be
702 supported by the expert opinion of at least one of the inmate’s
703 treating psychiatrists.
704 (b) The inmate shall be provided with a copy of the
705 petition along with the proposed treatment, the basis for the
706 proposed treatment, the names of the examining experts, and the
707 date, time, and location of the hearing. After considering the
708 public safety and security concerns presented by transporting
709 the inmate or in conducting onsite hearings, the court may order
710 that the hearing be conducted by electronic means or in person
711 at the facility or at another location designated by the court.
712 If the hearing is ordered by the court to be conducted at a
713 location other than the facility, the department is authorized
714 to transport the inmate to the location of the hearing.
715 (c) The inmate may have an attorney represent him or her at
716 the hearing, and, if the inmate is indigent, the court shall
717 appoint the office of the public defender or private counsel
718 pursuant to s. 27.40(1) to represent the inmate at the hearing.
719 An attorney representing the inmate shall have access to the
720 inmate and any records, including medical or mental health
721 records, which are relevant to the representation of the inmate.
722 (d) The hearing on the petition for involuntary placement
723 and treatment shall be held as expeditiously as possible after
724 the petition is filed, but no later than 14 calendar days after
725 filing. The court may appoint a general or special magistrate to
726 preside over the hearing. The inmate may testify or not, as he
727 or she chooses, may cross-examine witnesses testifying on behalf
728 of the facility, and may present his or her own witnesses.
729 (e) The court may waive the presence of the inmate at the
730 hearing if the waiver is consistent with the best interests of
731 the inmate and the inmate’s counsel does not object. One of the
732 inmate’s physicians whose opinion supported the petition shall
733 appear as a witness at the hearing.
734 (3) ORDERS FOR INVOLUNTARY PLACEMENT AND TREATMENT.—
735 (a) If the court finds by clear and convincing evidence
736 that the inmate meets the criteria specified in paragraph
737 (1)(a), the court must order that the inmate be involuntarily
738 placed in the mental health treatment facility for a period not
739 to exceed 6 months.
740 (b) If the court finds by clear and convincing evidence
741 that the inmate meets the criteria specified in paragraph
742 (1)(b), the court may order that the inmate be involuntarily
743 treated for a period not to exceed 6 months, concurrent with an
744 order for placement in the mental health treatment facility. In
745 determining whether to order involuntary treatment under this
746 paragraph, the court must consider the inmate’s expressed
747 preference regarding treatment, if the inmate is able to express
748 a preference; the probability of adverse side effects; the
749 prognosis for the inmate without treatment; the prognosis for
750 the inmate with treatment; and any other factors the court deems
751 relevant.
752 (4) STATUS HEARINGS AND CONTINUING JURISDICTION.—An order
753 authorizing involuntary placement and treatment must allow such
754 placement and treatment for a period not to exceed 6 months
755 following the date of the order. Unless the court is notified in
756 writing that the inmate has been discharged from the mental
757 health treatment facility because he or she is no longer in need
758 of care and treatment, has been transferred to another
759 institution of the department, or has been released from the
760 department’s custody, the warden shall, before the expiration of
761 the initial order, file a notice with the court to set a status
762 hearing for an order authorizing the continuation of placement
763 and treatment for another period not to exceed 6 months. This
764 procedure shall be repeated until the inmate is no longer in
765 need of care and treatment. Placement and treatment may be
766 continued pending a hearing after the timely filing of any
767 petition.
768 (5) COPIES OF ORDERS.—The court shall provide a copy of its
769 order authorizing placement and treatment along with all
770 supporting documentation relating to the inmate’s condition to
771 the warden of the mental health treatment facility.
772 (6) DISMISSAL OF PETITIONS.—If the court finds that
773 criteria for placement and treatment are not satisfied, it shall
774 dismiss the petition and the inmate shall be transferred out of
775 the mental health treatment facility and provided with
776 appropriate mental health services.
777 Section 10. Section 945.45, Florida Statutes, is repealed.
778 Section 11. Present subsection (3) of section 945.46,
779 Florida Statutes, is renumbered as subsection (5) and amended,
780 and a new subsection (3) and subsection (4) are added to that
781 section, to read:
782 945.46 Initiation of involuntary placement proceedings with
783 respect to a mentally ill inmate scheduled for release.—
784 (3) The warden shall file, in the court in the county where
785 the inmate is located, petitions for involuntary inpatient
786 placement for inmates scheduled to be released. Upon filing, the
787 clerk of the court shall provide copies to the Department of
788 Children and Families, the inmate, and the state attorney and
789 public defender of the judicial circuit in which the inmate is
790 located. A fee may not be charged for the filing of a petition
791 under chapter 394. Within 1 court working day after the filing
792 of a petition for involuntary inpatient placement, the court
793 shall appoint the public defender to represent the inmate who is
794 the subject of the petition, unless the inmate is otherwise
795 represented by counsel. The clerk of the court shall immediately
796 notify the public defender of such appointment. Any attorney
797 representing the inmate shall have access to the inmate,
798 witnesses, and records relevant to the presentation of the
799 patient’s case and shall represent the interests of the inmate,
800 regardless of the source of payment to the attorney. The state
801 attorney for the circuit in which the inmate is located shall
802 represent the state, rather than the petitioning warden, as the
803 real party in interest in the proceeding. The remainder of the
804 proceedings shall be governed by chapter 394.
805 (4) After considering the public safety and security
806 concerns presented by transporting a mentally ill inmate or in
807 conducting an onsite hearing, the court may order that the
808 hearing be conducted by electronic means, at the facility in
809 person, or at another location designated by the court. If the
810 hearing is ordered by the court to be conducted at a location
811 other than the facility, the department is authorized to
812 transport the inmate to the location of the hearing.
813 (5)(3) The department may transport an individual who is
814 being released from its custody to a receiving or mental health
815 treatment facility for involuntary examination or placement.
816 Such transport shall be made to a facility that is specified by
817 the Department of Children and Families as able to meet the
818 specific needs of the individual. If the Department of Children
819 and Families does not specify a facility, transport shall may be
820 made to the nearest receiving facility.
821 Section 12. Section 945.47, Florida Statutes, is amended to
822 read:
823 945.47 Discharge of inmate from mental health treatment.—
824 (1) An inmate who has been placed in a mental health
825 treatment facility transferred for the purpose of mental health
826 treatment shall be discharged from treatment by the warden under
827 the following conditions:
828 (a) If the inmate is no longer in need of care and
829 treatment, as defined in s. 945.42, he or she may be transferred
830 out of the mental health treatment facility and provided with
831 appropriate mental health services; or
832 (b) If the inmate’s sentence expires during his or her
833 treatment, but he or she is no longer in need of care and
834 treatment as an inpatient, the inmate may be released with a
835 recommendation for outpatient treatment, pursuant to the
836 provisions of ss. 945.40-945.49.
837 (2) At any time that an inmate who has received mental
838 health treatment while in the custody of the department becomes
839 eligible for release under supervision or upon end of sentence,
840 a record of the inmate’s mental health treatment may be provided
841 to the Florida Commission on Offender Review, and to the
842 Department of Children and Families to arrange postrelease
843 aftercare placement, and to prospective recipient inpatient
844 health care or residential facilities upon request. The record
845 shall include, at a minimum, a summary of the inmate’s
846 diagnosis, length of stay in treatment, clinical history,
847 prognosis, prescribed medication, treatment plan, and
848 recommendations for aftercare services.
849 Section 13. Section 945.48, Florida Statutes, is amended to
850 read:
851 (Substantial rewording of section. See
852 s. 945.48, F.S., for present text.)
853 945.48 Emergency treatment orders and use of force.—
854 (1) EMERGENCY MEDICATION.—The department is authorized to
855 involuntarily administer psychotropic medication to an inmate on
856 an emergency basis without following the procedure outlined in
857 s. 945.43 only as specified in this section. An emergency
858 treatment order for psychotropic medication may be provided to
859 the inmate upon the written order of a physician licensed
860 pursuant to chapter 458 or chapter 459 in an emergency not
861 exceeding 72 hours, excluding weekends and legal holidays. An
862 emergency exists when an inmate with a mental illness presents
863 an immediate threat of:
864 (a) Bodily harm to self or others; or
865 (b) Extreme deterioration in behavioral functioning
866 secondary to the mental illness.
867 (2) PSYCHOTROPIC MEDICATION.—Psychotropic medication may be
868 administered only when the medication constitutes an appropriate
869 treatment for a mental illness and its symptoms and alternative
870 treatments are not available or indicated, or would not be
871 effective. If after the 72-hour period the inmate has not given
872 express and informed consent to the medication initially
873 refused, the inmate’s treating physician shall refer the inmate
874 to a mental health treatment facility for an involuntary
875 examination in accordance with the procedures described in s.
876 945.43. Upon such referral, the warden shall, within 48 hours,
877 excluding weekends and legal holidays, transfer the inmate to a
878 mental health treatment facility. Upon transfer of the inmate
879 for an involuntary examination, the emergency treatment order
880 may be continued upon the written order of a physician as long
881 as the physician has determined that the emergency continues to
882 present a danger to the safety of the inmate or others and the
883 criteria described in this subsection are satisfied. If
884 psychotropic medication is still recommended after the
885 emergency, it may only be administered after following the
886 procedures outlined in s. 945.44.
887 (3) USE OF FORCE.—An employee or agent of the department is
888 authorized to apply physical force upon an inmate when and to
889 the extent that it reasonably appears necessary to effectuate
890 the treatment of an inmate as described in this section, for the
891 application of psychiatric restraint, to effectuate clinically
892 necessary hygiene, or pursuant to a valid court order issued
893 under s. 945.44 or s. 945.485. The requirements of s. 944.35
894 shall be followed when using force to effectuate such treatment,
895 apply such restraint, or effectuate such hygiene.
896 Section 14. Section 945.485, Florida Statutes, is created
897 to read:
898 945.485 Management and treatment for self-injurious
899 behaviors.—
900 (1) The Legislature finds that nonsuicidal self-injurious
901 behaviors in correctional institutions, or acts intended to
902 cause bodily harm but not death, have increased in the
903 correctional environment. Self-injurious behavior may include
904 nonsuicidal self-injury or self-mutilation, such as cutting,
905 reopening wounds, and ingesting or inserting foreign objects or
906 dangerous instruments into the body. These behaviors pose a
907 significant threat to inmates, staff, and, in many cases, the
908 safe and secure operation of the correctional institution. In
909 addition, self-injurious behaviors, coupled with the inmate’s
910 repeated refusals to provide express and informed consent for
911 medical treatment and care, are a significant challenge for
912 correctional medical and mental health professionals, resulting
913 in higher costs for medical services, and may result in
914 inadvertent mortality in the incarcerated population.
915 (2) In accordance with s. 945.6402, the Legislature finds
916 that an inmate retains the fundamental right of self
917 determination regarding decisions pertaining to his or her own
918 health, including the right to choose or refuse medical
919 treatment or life-saving medical procedures. However, the
920 inmate’s right to privacy and decisionmaking regarding medical
921 treatment may be outweighed by compelling state interests.
922 (3) When an inmate is engaging in active or ongoing self
923 injurious behavior and has refused to provide express and
924 informed consent for treatment related to the self-injurious
925 behavior, the warden of the facility where the inmate is housed
926 shall consult with the inmate’s treating physician regarding the
927 inmate’s medical and mental health status, current medical and
928 mental health treatment needs, and competency to provide express
929 and informed consent for treatment. The warden shall also
930 determine whether the inmate’s self-injurious behavior presents
931 a danger to the safety of department staff or other inmates or
932 the security, internal order, or discipline of the institution.
933 (a) If the inmate’s treating physician determines that the
934 inmate has a mental illness and is incompetent to consent to
935 treatment, the physician shall proceed in accordance with s.
936 945.6402 for any necessary surgical or medical services. If the
937 inmate is in need of care and treatment as defined in s. 945.42,
938 the inmate shall be referred to a mental health treatment
939 facility for an involuntary examination in accordance with s.
940 945.44.
941 (b) If the inmate is competent, refusing necessary surgical
942 or medical treatment, and engaging in active or ongoing self
943 injurious behavior that presents a threat to the safety of
944 department staff or other inmates or the security, internal
945 order, or discipline of the institution, the warden shall follow
946 the procedure set forth in subsection (4).
947 (4)(a) The warden, or his or her designated representative,
948 shall, on behalf of the state, petition the circuit court of the
949 county in which the inmate is residing or the county in which
950 the inmate is hospitalized for an order compelling the inmate to
951 submit to emergency surgical intervention or other medical
952 services to the extent necessary to remedy the threat to the
953 safety of staff or other inmates or the security, internal
954 order, or discipline of the institution. The petition must be
955 supported by the expert opinion of at least one of the inmate’s
956 treating physicians and may be supported by other staff as
957 necessary.
958 (b) The inmate shall be provided with a copy of the
959 petition along with the proposed intervention, the basis for the
960 proposed intervention, the names of the testifying experts and
961 witnesses, and the date, time, and location of the hearing.
962 After considering the medical status of the inmate, public
963 safety, and security concerns presented by transporting the
964 inmate, the court may order that the hearing be conducted by
965 electronic means or in person at the institution or at another
966 location designated by the court. If the hearing is ordered by
967 the court to be conducted at a location other than the
968 institution, the department is authorized to transport the
969 inmate to the location of the hearing.
970 (c) The inmate may have an attorney represent him or her at
971 the hearing, and, if the inmate is indigent, the court shall
972 appoint the office of the public defender or private counsel
973 pursuant to s. 27.40(1) to represent the inmate at the hearing.
974 An attorney representing the inmate shall have access to the
975 inmate and any records, including medical or mental health
976 records, which are relevant to the representation of the inmate.
977 (d) The hearing on the petition shall be held as
978 expeditiously as possible after the petition is filed, but no
979 later than 5 calendar days after filing. The court may appoint a
980 general or special magistrate to preside. The inmate may testify
981 or not, as he or she chooses, may cross-examine witnesses
982 testifying on behalf of the institution, and may present his or
983 her own witnesses.
984 (e) The court may waive the presence of the inmate at the
985 hearing if the waiver is consistent with the best interests of
986 the inmate and the inmate’s counsel does not object.
987 (f) The court shall determine whether the warden has
988 established, by clear and convincing evidence, a compelling
989 state interest sufficient to outweigh the inmate’s right to
990 refuse treatment. The court shall consider all of the following:
991 1. Preservation of the life of the inmate.
992 2. Prevention of suicide.
993 3. Protection of innocent third parties.
994 4. Maintenance of the ethical integrity of the medical
995 profession.
996 5. Preservation of the security, internal order, or
997 discipline of the institution.
998 6. Rehabilitation of the inmate.
999 7. Any other compelling state interest.
1000 (g) If the court determines that there are compelling state
1001 interests sufficient to override the inmate’s right to refuse
1002 treatment, the court shall enter an order authorizing emergency
1003 surgical intervention or other medical services, narrowly
1004 tailored and in the least intrusive manner possible, only as
1005 necessary to remedy the threat to the safety of third parties or
1006 the security, internal order, or discipline of the institution.
1007 Emergency surgical intervention or other medical services
1008 authorized by the court may be carried out at the institution or
1009 at a licensed hospital, as applicable.
1010 (5) This section does not repeal by implication any
1011 provision of s. 766.103, the Florida Medical Consent Law, or s.
1012 768.13, the Good Samaritan Act. For all purposes, the Florida
1013 Medical Consent Law and the Good Samaritan Act shall be
1014 considered alternatives to this section.
1015 Section 15. Subsection (2) of section 945.49, Florida
1016 Statutes, is amended to read:
1017 945.49 Operation and administration.—
1018 (2) RULES.—The department, in cooperation with the Mental
1019 Health Program Office of the Department of Children and
1020 Families, shall adopt rules necessary for administration of ss.
1021 945.40-945.49 in accordance with chapter 120.
1022 Section 16. Section 945.6402, Florida Statutes, is created
1023 to read:
1024 945.6402 Inmate health care advance directives.—
1025 (1) DEFINITIONS.—The terms used in this section have the
1026 same meanings as in s. 765.101 unless otherwise specified in
1027 this section. For purposes of this section, the term:
1028 (a) “Health care facility” has the same meaning as in s.
1029 765.101 and includes any correctional institution or facility
1030 where health care is provided.
1031 (b) “Incapacity” or “incompetent” means an inmate is
1032 physically or mentally unable to communicate a willful and
1033 knowing health care decision.
1034 (c) “Informed consent” means consent voluntarily given by
1035 an inmate after a sufficient explanation and disclosure of the
1036 subject matter involved to enable the inmate to have a general
1037 understanding of the treatment or procedure and the medically
1038 acceptable alternatives, including the substantial risks and
1039 hazards inherent in the proposed treatment or procedures, and to
1040 make a knowing health care decision without coercion or undue
1041 influence.
1042 (d) “Inmate” means any person committed to the custody of
1043 the department.
1044 (e) “Ombudsman” means an individual designated and
1045 specifically trained by the department to identify conditions
1046 that may pose a threat to the rights, health, safety, and
1047 welfare of inmates in a health care facility and who may be
1048 appointed to serve as a proxy for an inmate who is physically or
1049 mentally unable to communicate a willful and knowing health care
1050 decision.
1051 (f) “Proxy” means a competent adult who has not been
1052 expressly designated to make health care decisions for a
1053 particular incapacitated inmate, but who, nevertheless, is
1054 authorized pursuant to s. 765.401 and as specified in this
1055 section to make health care decisions for such inmate.
1056 (g) “Proxy review team” means a team of at least five
1057 members, appointed by the Assistant Secretary for Health
1058 Services. The team shall be composed of, at a minimum, one
1059 physician licensed pursuant to chapter 458 or chapter 459, one
1060 psychologist licensed pursuant to chapter 490, one nurse
1061 licensed pursuant to chapter 464, and one department chaplain.
1062 (2) LEGISLATIVE FINDINGS AND INTENT.-
1063 (a) In accordance with chapter 765, the Legislature finds
1064 that an inmate retains the fundamental right of self
1065 determination regarding decisions pertaining to his or her own
1066 health, including the right to choose or refuse medical
1067 treatment. In accordance with chapter 765, this right is subject
1068 to certain institutional interests, including the protection of
1069 human life, the preservation of ethical standards in the medical
1070 profession, and, for inmates committed to the custody of the
1071 department, the security and good order of the institutional
1072 setting.
1073 (b) To ensure that such right is not lost or diminished by
1074 virtue of later physical or mental incapacity, the Legislature
1075 intends that the procedures specified in chapter 765, and as
1076 modified in this section for the institutional health care
1077 setting, apply to incarcerated inmates. These procedures should
1078 be less expensive and less restrictive than guardianship and
1079 allow an inmate to plan for incapacity by executing a document
1080 or orally designating another person to direct the course of his
1081 or her health care or receive his or her health information, or
1082 both, upon his or her incapacity. These procedures permit a
1083 previously incapacitated inmate to exercise his or her full
1084 right to make health care decisions as soon as the capacity to
1085 make such decisions has been regained.
1086 (c) In order to ensure that the rights and intentions of an
1087 inmate are respected when the inmate is not able to participate
1088 actively in decisions concerning himself or herself, and to
1089 encourage communication between the inmate, his or her family,
1090 and his or her treating physicians, the Legislature declares
1091 that the laws of this state recognize the right of a competent
1092 incarcerated adult to make an advance directive instructing his
1093 or her physicians to provide, withhold, or withdraw life
1094 prolonging procedures or to designate another person to make the
1095 health care decision for him or her in the event that such
1096 incarcerated person should become incapacitated and unable to
1097 personally direct his or her health care. It is further the
1098 intent of the Legislature that the department provide the
1099 opportunity for inmates to make advance directives as specified
1100 in this section.
1101 (d) The Legislature further recognizes that incarcerated
1102 inmates may not avail themselves of the opportunity to make an
1103 advance directive or, because of incarceration, may not have a
1104 surrogate, as defined in s. 765.101, willing, able, or
1105 reasonably available to make health care decisions on their
1106 behalf. Additionally, because of incarceration, the individuals
1107 designated in s. 765.401 who are eligible to serve as an
1108 appointed proxy may not be reasonably available, willing, or
1109 competent to make health care decisions for the inmate in the
1110 event of incapacity. Thus, it is the intent of the Legislature
1111 that the department have an efficient process that is less
1112 expensive and less restrictive than guardianship for the
1113 appointment of a proxy to allow for the expedient delivery of
1114 necessary health care to an incarcerated inmate.
1115 (e) This section does not supersede the process for inmate
1116 involuntary mental health treatment specified in ss. 945.40
1117 945.49.
1118 (3) CAPACITY OF INMATE; PROCEDURE.—
1119 (a) An inmate is presumed to be capable of making health
1120 care decisions for himself or herself unless he or she is
1121 determined to be incapacitated. When an inmate has
1122 decisionmaking capacity, the inmate’s wishes are controlling.
1123 Each physician or health care provider must clearly communicate
1124 the treatment plan and any change to the treatment plan before
1125 implementation of the plan or any change to the plan. Incapacity
1126 may not be inferred from an inmate’s involuntary hospitalization
1127 for mental illness or from his or her intellectual disability.
1128 (b) If an inmate’s capacity to make health care decisions
1129 for himself or herself or provide informed consent is in
1130 question, the inmate’s treating physician at the health care
1131 facility where the inmate is located shall evaluate the inmate’s
1132 capacity and, if the evaluating physician concludes that the
1133 inmate lacks capacity, enter that evaluation in the inmate’s
1134 medical record. If the evaluating physician has a question as to
1135 whether the inmate lacks capacity, another physician shall also
1136 evaluate the inmate’s capacity, and if the second physician
1137 finds that the inmate lacks the capacity to make health care
1138 decisions for himself or herself or provide informed consent,
1139 both physicians’ evaluations shall be entered in the inmate’s
1140 medical record.
1141 (c) If the inmate is found to be incapacitated and has
1142 designated a health care surrogate in accordance with chapter
1143 765, the institution’s or facility’s health care staff shall
1144 notify the surrogate and proceed as specified in chapter 765. If
1145 the incapacitated inmate has not designated a health care
1146 surrogate, the health care facility shall appoint a proxy to
1147 make health care decisions for the inmate as specified in this
1148 section.
1149 (d) A determination made pursuant to this section that an
1150 inmate lacks the capacity to make health care decisions for
1151 himself or herself may not be construed as a finding that an
1152 inmate lacks capacity for any other purpose.
1153 (4) HEALTH CARE ADVANCE DIRECTIVE; PROCEDURE.—
1154 (a) In accordance with chapter 765, the department shall
1155 offer inmates the opportunity to execute an advance directive as
1156 defined in s. 765.101.
1157 (b) The department shall provide to each inmate written
1158 information concerning advance directives and necessary forms to
1159 allow inmates to execute an advance directive. The department
1160 and its health care providers shall document in the inmate’s
1161 medical records whether the inmate has executed an advance
1162 directive. Neither the department nor its health care providers
1163 may require an inmate to execute an advance directive using the
1164 department’s forms. The inmate’s advance directive shall travel
1165 with the inmate within the department as part of the inmate’s
1166 medical record.
1167 (c) An advance directive may be amended or revoked at any
1168 time by a competent inmate by means of:
1169 1. A signed, dated writing of intent to amend or revoke;
1170 2. The physical cancellation or destruction of the advance
1171 directive by the inmate or by another person in the inmate’s
1172 presence and at the inmate’s direction;
1173 3. An oral expression of intent to amend or revoke; or
1174 4. A subsequently executed advance directive that is
1175 materially different from a previously executed advance
1176 directive.
1177 (5) PROXY.—
1178 (a) If an incapacitated inmate has not executed an advance
1179 directive or designated a health care surrogate in accordance
1180 with the procedures specified in chapter 765, or the designated
1181 health care surrogate is no longer available to make health care
1182 decisions, health care decisions may be made for the inmate by
1183 any of the individuals specified in the priority order provided
1184 in s. 765.401(1)(a)-(g) as proxy. Documentation of the efforts
1185 to locate a proxy from the classes specified in s.
1186 765.401(1)(a)-(g) shall be recorded in the inmate’s medical
1187 file.
1188 (b) If there are no individuals as specified in s.
1189 765.401(1)(a)-(g) available, willing, or competent to act on
1190 behalf of the inmate, and the inmate is housed in a correctional
1191 institution or facility where health care is provided in a
1192 nonhospital setting, the warden of the institution where the
1193 inmate is housed, or the warden’s designee, shall consult with
1194 the Assistant Secretary for Health Services or his or her
1195 designee, who shall appoint a department ombudsman to serve as
1196 the proxy. This appointment terminates when the inmate regains
1197 capacity or is no longer incarcerated in the custody of the
1198 department. In accordance with chapter 765 and as provided in
1199 this section, decisions to withhold or withdraw life-prolonging
1200 procedures will be reviewed by the department’s proxy review
1201 team for compliance with chapter 765 and the requirements of
1202 this section.
1203 (c) The ombudsman appointed to serve as the proxy is
1204 authorized to request the assistance of the treating physician
1205 and, upon request, a second physician not involved in the
1206 inmate’s care to assist the proxy in evaluating the inmate’s
1207 treatment.
1208 (d) In accordance with chapter 765, any health care
1209 decision made by any appointed proxy under this section must be
1210 based on the proxy’s informed consent and on the decision that
1211 the proxy reasonably believes the inmate would have made under
1212 the circumstances. If there is no indication of what decision
1213 the inmate would have made, the proxy may consider the inmate’s
1214 best interest in deciding that proposed treatments are to be
1215 withheld or that treatments currently in effect are to be
1216 withdrawn.
1217 (e) Before exercising the incapacitated inmate’s rights to
1218 select or decline health care, the proxy must comply with ss.
1219 765.205 and 765.305, except that any proxy’s decision to
1220 withhold or withdraw life-prolonging procedures must be
1221 supported by clear and convincing evidence that the decision
1222 would have been the one the inmate would have made had he or she
1223 been competent or, if there is no indication of what decision
1224 the inmate would have made, that the decision is in the inmate’s
1225 best interest.
1226 (f) Notwithstanding s. 456.057 and pursuant to s. 945.10
1227 and 45 C.F.R. part 164, subpart E, relevant protected health
1228 information and mental health and medical records of an
1229 incapacitated inmate may be disclosed to a proxy appointed to
1230 make health care decisions for an inmate.
1231 (6) USE OF FORCE.—In addition to s. 944.35(1), an employee
1232 of the department may apply reasonable physical force upon an
1233 incapacitated inmate to administer medical treatment only by or
1234 under the clinical supervision of a physician or his or her
1235 designee and only to carry out a health care decision made in
1236 accordance with this section and chapter 765.
1237 (7) IMMUNITY FROM LIABILITY.—A department health care
1238 provider, ombudsman, or other employee who acts under the
1239 direction of a health care provider as authorized in this
1240 section or chapter 765 is not subject to criminal prosecution or
1241 civil liability and may not be deemed to have engaged in
1242 unprofessional conduct as a result of carrying out a health care
1243 decision made in accordance with this section or chapter 765 on
1244 an inmate’s behalf.
1245 Section 17. Section 947.02, Florida Statutes, is amended to
1246 read:
1247 947.02 Florida Commission on Offender Review; members,
1248 appointment.—
1249 (1) Except as provided in s. 947.021, The members of the
1250 Florida commission on Offender Review shall be directly
1251 appointed by the Governor and Cabinet from a list of eligible
1252 applicants submitted by a parole qualifications committee. The
1253 appointments of members of the commission shall be certified to
1254 the Senate by the Governor and Cabinet for confirmation, and the
1255 membership of the commission shall include representation from
1256 minority persons as defined in s. 288.703.
1257 (2) If the Legislature decreases the membership of the
1258 commission, all commission member terms of office shall expire
1259 and new members of the commission must be appointed in
1260 accordance with subsection (1). Members appointed to the
1261 commission may be selected from incumbents A parole
1262 qualifications committee shall consist of five persons who are
1263 appointed by the Governor and Cabinet. One member shall be
1264 designated as chair by the Governor and Cabinet. The committee
1265 shall provide for statewide advertisement and the receiving of
1266 applications for any position or positions on the commission and
1267 shall devise a plan for the determination of the qualifications
1268 of the applicants by investigations and comprehensive
1269 evaluations, including, but not limited to, investigation and
1270 evaluation of the character, habits, and philosophy of each
1271 applicant. Each parole qualifications committee shall exist for
1272 2 years. If additional vacancies on the commission occur during
1273 this 2-year period, the committee may advertise and accept
1274 additional applications; however, all previously submitted
1275 applications shall be considered along with the new applications
1276 according to the previously established plan for the evaluation
1277 of the qualifications of applicants.
1278 (3) Within 90 days before an anticipated vacancy by
1279 expiration of term pursuant to s. 947.03 or upon any other
1280 vacancy, the Governor and Cabinet shall appoint a parole
1281 qualifications committee if one has not been appointed during
1282 the previous 2 years. The committee shall consider applications
1283 for the commission seat, including the application of an
1284 incumbent commissioner if he or she applies, according to
1285 subsection (2). The committee shall submit a list of three
1286 eligible applicants, which may include the incumbent if the
1287 committee so decides, without recommendation, to the Governor
1288 and Cabinet for appointment to the commission. In the case of an
1289 unexpired term, the appointment must be for the remainder of the
1290 unexpired term and until a successor is appointed and qualified.
1291 If more than one seat is vacant, the committee shall submit a
1292 list of eligible applicants, without recommendation, containing
1293 a number of names equal to three times the number of vacant
1294 seats; however, the names submitted may not be distinguished by
1295 seat, and each submitted applicant shall be considered eligible
1296 for each vacancy.
1297 (4) Upon receiving a list of eligible persons from the
1298 parole qualifications committee, the Governor and Cabinet may
1299 reject the list. If the list is rejected, the committee shall
1300 reinitiate the application and examination procedure according
1301 to subsection (2).
1302 (5) Section 120.525 and chapters 119 and 286 apply to all
1303 activities and proceedings of a parole qualifications committee.
1304 Section 18. Section 947.021, Florida Statutes, is repealed.
1305 Section 19. Subsection (2) of section 947.12, Florida
1306 Statutes, is amended to read:
1307 947.12 Members, employees, expenses.—
1308 (2) The members of the examining board created in s. 947.02
1309 shall each be paid per diem and travel expenses pursuant to s.
1310 112.061 when traveling in the performance of their duties.
1311 Section 20. Paragraph (g) of subsection (1) and subsection
1312 (5) of section 957.04, Florida Statutes, are amended to read:
1313 957.04 Contract requirements.—
1314 (1) A contract entered into under this chapter for the
1315 operation of contractor-operated correctional facilities shall
1316 maximize the cost savings of such facilities and:
1317 (g) Require the contractor to be responsible for a range of
1318 dental, medical, and psychological services; diet; education;
1319 and work programs at least equal to those provided by the
1320 department in comparable facilities. The work and education
1321 programs must be designed to reduce recidivism, and include
1322 opportunities to participate in such work programs as authorized
1323 pursuant to s. 946.523. However, with respect to the dental,
1324 medical, psychological, and dietary services, the department is
1325 authorized to exclude any or all of these services from a
1326 contract for private correctional services entered into under
1327 this chapter and retain responsibility for the delivery of those
1328 services, if the department finds it to be in the best interests
1329 of the state.
1330 (5) Each contract entered into by the department must
1331 include substantial minority participation unless demonstrated
1332 by evidence, after a good faith effort, as impractical and must
1333 also include any other requirements the department considers
1334 necessary and appropriate for carrying out the purposes of this
1335 chapter.
1336 Section 21. Subsection (3) of section 957.09, Florida
1337 Statutes, is amended to read:
1338 957.09 Applicability of chapter to other provisions of
1339 law.—
1340 (3) The provisions of law governing the participation of
1341 minority business enterprises are applicable to this chapter.
1342 Section 22. Subsection (2) of section 20.32, Florida
1343 Statutes, is amended to read:
1344 20.32 Florida Commission on Offender Review.—
1345 (2) All powers, duties, and functions relating to the
1346 appointment of the Florida Commission on Offender Review as
1347 provided in s. 947.02 or s. 947.021 shall be exercised and
1348 performed by the Governor and Cabinet. Except as provided in s.
1349 947.021, Each appointment shall be made from among the first
1350 three eligible persons on the list of the persons eligible for
1351 said position.
1352 Section 23. This act shall take effect July 1, 2025.