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         760.701Lawsuits 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         945.43Involuntary 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         945.44Placement 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         945.48Emergency 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         945.485Management 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         945.6402Inmate 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.