Bill > H1143

Introduced Session

An act relating to mental health and substance abuse; amending s. 394.455, F.S.; conforming a cross- reference; amending s. 394.459, F.S.; revising review requirements for specified restrictions relating to a patient's right to communicate or to receive visitors; requiring facilities to inform respondents with a serious mental illness of the essential elements of recovery and provide them assistance in accessing a continuum of care regimen; authorizing the Department of Children and Families to adopt certain rules; amending s. 394.461, F.S.; authorizing the state to establish that a transfer evaluation was performed by providing the court with a copy of the evaluation before the close of the state's case in chief; prohibiting the court from considering substantive information in the transfer evaluation unless the evaluator testifies at the hearing; amending s. 394.462, F.S.; conforming cross-references; amending s. 394.4625, F.S.; revising provisions relating to the voluntary admission of minors to a facility for examination and treatment; requiring that a minor's assent to voluntary care be verified and the minor's attorney be consulted before a transfer to voluntary status may occur; amending s. 394.463, F.S.; revising hb1143-00 HB 1143 the requirements for when a person may be taken to a receiving facility for involuntary examination; requiring law enforcement officers transporting individuals for involuntary treatment to take certain actions; revising requirements for annual reports relating to involuntary treatment; revising when a patient may be released by a receiving facility; requiring a facility to inform the department of certain persons who have been examined or committed under certain circumstances; amending s. 394.467, F.S.; revising the requirements for when a person may be ordered for involuntary inpatient placement; revising requirements for continuances of hearings; revising the conditions under which a court may waive the requirement for a patient to be present at an involuntary inpatient placement hearing; authorizing the court to permit all witnesses to attend and testify remotely at the hearing through certain means; requiring facilities to make certain clinical records available to a state attorney within a specified timeframe; specifying that such records remain confidential and may not be used for certain purposes; revising when the court may appoint a magistrate; requiring the court to allow certain testimony from individuals; revising the amount of time a court may hb1143-00 HB 1143 require a patient to receive services; requiring facilities to discharge patients after the patient no longer meets the criteria for involuntary treatment; prohibiting courts from ordering that individuals with developmental disabilities be involuntarily placed in a state treatment facility; requiring such individuals to be referred to certain agencies for evaluation and services; authorizing facilities to hold such individuals under certain circumstances; amending ss. 394.495 and 394.496, F.S.; conforming provisions to changes made by the act; amending s. 394.499, F.S.; making a technical change; conforming a provision to changes made by the act; amending s. 397.305, F.S.; revising the purpose of ch. 397, F.S.; amending s. 397.311, F.S.; revising definitions; creating s. 397.341, F.S.; requiring law enforcement officers transporting individuals for treatment to take certain actions; amending s. 397.501, F.S.; requiring that respondents with serious substance use disorders be informed of the essential elements of recovery and provided with assistance accessing a continuum of care regimen; authorizing the department to adopt certain rules; amending s. 397.675, F.S.; revising the criteria for involuntary admissions; amending s. 397.6751, F.S.; revising the responsibilities of a hb1143-00 HB 1143 service provider; amending s. 397.681, F.S.; revising where involuntary treatment petitions for substance abuse impaired persons may be filed; revising what part of such proceedings a general or special magistrate may preside over; requiring that the state attorney represent the state as the real party of interest in an involuntary proceeding, subject to legislative appropriation; providing that the petitioner has the right to be heard; specifying that certain records obtained by a state attorney must remain confidential and may not be used for certain purposes; conforming provisions to changes made by the act; repealing s. 397.6811, F.S., relating to involuntary assessment and stabilization; repealing s. 397.6814, F.S., relating to petitions for involuntary assessment and stabilization; repealing s. 397.6815, F.S., relating to involuntary assessment and stabilization procedures; repealing s. 397.6818, F.S., relating to court determinations for petitions for involuntary assessment and stabilization; repealing s. 397.6819, F.S., relating to the responsibilities of licensed service providers with regard to involuntary assessment and stabilization; repealing s. 397.6821, F.S., relating to extensions of time for completion of involuntary assessment and stabilization; repealing s. hb1143-00 HB 1143 397.6822, F.S., relating to the disposition of individuals after involuntary assessment; amending s. 397.693, F.S.; revising the circumstances under which a person is eligible for court-ordered involuntary treatment; amending s. 397.695, F.S.; authorizing the court or clerk of the court to waive or prohibit any service of process fees for an indigent petitioner; amending s. 397.6951, F.S.; revising the requirements for the contents of a petition for involuntary treatment services; authorizing a petitioner to include with the petition a certificate or report of a qualified professional; requiring the certificate or report to contain certain information; requiring that certain additional information be included if an emergency exists; amending s. 397.6955, F.S.; requiring the clerk of the court to notify the state attorney's office upon the receipt of a petition filed for involuntary treatment services; revising when the office of criminal conflict and civil regional counsel represents a person; revising when a hearing must be held on the petition; requiring law enforcement agencies to effect service for initial treatment hearings unless certain requirements are met; providing requirements for when a petitioner asserts that emergency circumstances exist or the court hb1143-00 HB 1143 determines that an emergency exists; conforming provisions to changes made by the act; amending s. 397.6957, F.S.; expanding the exemption from the requirement that a respondent be present at a hearing on a petition for involuntary treatment services; authorizing the court to order drug tests and permit all witnesses to remotely attend and testify at the hearing through certain means; deleting a provision requiring the court to appoint a guardian advocate under certain circumstances; prohibiting a respondent from being involuntarily ordered into treatment unless certain requirements are met; providing requirements relating to involuntary assessment and stabilization orders; providing requirements relating to involuntary treatment hearings; requiring that the assessment of a respondent occur before a specified time unless certain requirements are met; requiring the service provider to discharge the respondent after a specified time unless certain requirements are met; requiring a qualified professional to provide copies of his or her report to the court and all relevant parties and counsel; providing requirements for the report; authorizing a court to order certain persons to take a respondent into custody and transport him or her to or from certain service providers and the court; revising hb1143-00 HB 1143 the petitioner's burden of proof in the hearing; authorizing the court to initiate involuntary proceedings under certain circumstances; requiring that, if a treatment order is issued, it must include certain findings; amending s. 397.697, F.S.; requiring that an individual meet certain requirements to qualify for involuntary outpatient treatment; specifying that certain hearings may be set by the motion of a party or under the court's own authority; specifying that a service provider's authority is separate and distinct from the court's jurisdiction; requiring the department to receive and maintain copies of certain documents and prepare annual reports obtained from the documents; requiring the department to provide copies of the reports to the Governor and the Legislature; amending s. 397.6971, F.S.; revising when an individual receiving involuntary treatment services may be determined eligible for discharge; conforming provisions to changes made by the act; amending s. 397.6975, F.S.; authorizing certain entities to file a petition for renewal of involuntary treatment services; revising the timeframe during which the court is required to schedule a hearing; conforming provisions to changes made by the act; amending s. 397.6977, F.S.; conforming provisions to hb1143-00 HB 1143 changes made by the act; repealing s. 397.6978, F.S., relating to the appointment of guardian advocates; amending s. 790.065, F.S.; conforming provisions to changes made by the act; providing an effective date.

AI Summary

Committee Categories

Patt Maney (R)*,  David Borrero (R),  Adam Botana (R),  Joe Casello (D),  Linda Chaney (R),  Fentrice Driskell (D),  Christine Hunschofsky (D),  Randy Maggard (R),  Alex Rizo (R),  Spencer Roach (R),  Michelle Salzman (R),  David Silvers (D), 

Other Sponsors (2)

Died in Health & Human Services Committee (on 03/14/2022)

Official Document