Bill > H1355

Introduced Session

An act relating to mental health and substance abuse; amending s. 27.51, F.S.; providing exceptions to a provision prohibiting the court from appointing the public defender to represent certain persons who are not indigent; amending s. 27.511, F.S.; revising a cross-reference; amending s. 394.455, F.S.; providing and revising definitions; amending s. 394.4598, F.S.; providing that the opinion of a qualified professional, rather than that of a psychiatrist or psychiatric nurse practicing within the framework of an established protocol with a psychiatrist, may be the basis for the court to grant a petition for the appointment of a guardian advocate; deleting a requirement that the court appoint the office of the public defender to represent an indigent person for a hearing on such petition; revising a cross-reference; requiring a guardian advocate to meet and talk with the patient and the patient's qualified professional, rather than the patient's physician or psychiatric nurse practicing within the framework or an established protocol with a psychiatrist, in person, if at all possible, and by telephone, if not possible, before giving consent to treatment; authorizing an administrative law judge, rather than requiring a hearing officer, to consider an involuntarily placed respondent's competence to consent to treatment at any hearing; authorizing an administrative law judge, rather than requiring a hearing officer, to recommend restoring a respondent's competence upon sufficient evidence; conforming a provision to changes made by the act; making technical changes; amending s. 394.4599, F.S.; providing that notice for matters involving involuntary admissions may be sent by e-mail instead of regular mail if the recipient's e-mail address is known; making technical changes; amending s. 394.4615, F.S.; authorizing a qualified professional, rather than a physician or the patient's psychiatric nurse, to restrict a patient's access to his or her clinical records if the qualified professional believes such access to the records is harmful to the patient; revising the timeframe in which the restriction of a patient's access to his or her clinical records expires; revising the timeframe for which the restriction of a patient's access to clinical records may be renewed; amending s. 394.4625, F.S.; requiring the qualified professional who assessed the patient, rather than the treating physician or psychiatric nurse practicing within the framework of an established protocol with a psychiatrist, to document in the patient's clinical record that the patient is able to give express and informed consent for admission; requiring that when a voluntary patient, or an authorized person on the patient's behalf, makes a request for discharge, the request be communicated as quickly as possible to a qualified professional, rather than a physician, a clinical psychologist with at least 3 years of postdoctoral experience in the practice of clinical psychology, or a psychiatrist; revising who may order a patient held and emergency treatment rendered in the least restrictive manner pending the filing of a petition for involuntary placement; amending s. 394.463, F.S.; revising the criteria by which a person may be taken to a receiving facility for an involuntary examination; revising the means by which an involuntary examination may be initiated; requiring a facility admitting certain persons for involuntary examination to notify the Agency for Health Care Administration of such admission; deleting a requirement that certain reports be provided to the department and the Legislature; revising the evidence by which certain criteria are met; revising who may order emergency treatment under specified circumstances; revising the actions a hospital must complete within a specified timeframe after the attending physician documents that a patient's condition has been stabilized or that an emergency medical condition does not exist; providing the timeframe in which the 72-hour examination period ceases or is extended; providing that the treating facility is responsible for transporting a patient back to the receiving facility upon discharge from the hospital; making technical changes; conforming provisions to changes made by the act; amending s. 394.4655, F.S.; authorizing the court to order a respondent to receive involuntary outpatient services for a specified period of time if certain criteria are met; authorizing the court to order a respondent in a receiving or treatment facility to receive outpatient services upon the facility administrator's petition, provided the court and parties receive certain notice of such petition and certain conditions are met; providing requirements for a service provider's petition to be heard for involuntary services for a respondent not in a receiving or treatment facility; providing exceptions; requiring that a services plan be entered into a respondent's clinical and court files and be considered part of the court order; defining the term "services plan"; requiring that a services plan identify the service provider that has agreed to provide court-ordered outpatient services under certain circumstances; requiring the service provider to develop the services plan in consultation with the respondent and certain other individuals; requiring certain criteria to be included in the services plan; requiring that a social worker, case manager, or other specified individual support a respondent during his or her treatment and inform the court, state attorney, and respondent's counsel of any failure by the respondent to comply with the treatment program; requiring the court to retain jurisdiction over the case and its parties for further orders as the circumstances may require; specifying the jurisdiction the court possesses during the pendency of the case; specifying the procedures by which the court may extend, modify, or end outpatient services; specifying that existing involuntary services orders must remain in effect until a motion for continued treatment is adjudicated; requiring that any extension or modification for services be supported by an explanation from the service provider and an individualized continued services plan that must be developed in consultation with the respondent and his or her attorney, guardian, guardian advocate, or legal custodian, as deemed applicable and appropriate; requiring the court to evaluate the respondent's need for a guardian advocate; authorizing the respondent to agree to additional outpatient services without a court hearing if a certain condition is met; requiring the service provider to inform the court and parties of any such agreement; requiring the clerk of the court to provide copies of any petition, motion, and services plan to specified parties; specifying requirements for the service provider to discharge a respondent who has not been transferred to voluntary status and no longer meets the criteria for involuntary services and to send certain documentation to specified parties upon discharge; authorizing a criminal county court to order a respondent into involuntary outpatient services under certain circumstances; prohibiting the court from using incarceration as a sanction for a respondent's noncompliance with the services plan; authorizing the court to order that a respondent be evaluated for inpatient placement if certain conditions are met; specifying requirements for a treatment facility administrator to petition to have a respondent placed in involuntary outpatient services as part of a discharge plan; requiring that such petition be filed with the clerk of the court for the county in which the respondent will reside, with notice provided to specified parties; prohibiting a fee for filing such petition; requiring the department to adopt specified rules; deleting a definition; amending s. 394.467, F.S.; providing the criteria by which a court may order a person into involuntary inpatient placement for treatment; authorizing a person to be recommended for involuntary inpatient placement, involuntary outpatient services, or a combination of both, provided such recommendation is supported by the opinion of a psychiatrist and seconded by a qualified professional, both of whom have examined the person being recommended within specified timeframes; providing that a second recommendation may be made by a physician with specified postgraduate training and experience, a clinical social worker, or a mental health counselor if a psychiatrist or a qualified professional is not available; providing that such examinations may be completed by in-person or electronic means if done in a face-to-face manner; requiring that such recommendations be included in a petition for involuntary outpatient services and entered into the person's clinical record; authorizing the examining facility to hold the person until the court's final order; requiring a facility administrator or service provider to file a petition for involuntary services in the county in which the respondent is located; requiring the court to accept petitions and related documentation with electronic signatures; providing criteria for such petitions; requiring the clerk of the court to provide copies of the petition and recommended services plan, if applicable, to specified parties; prohibiting a fee for filing such petition; providing that a respondent has a right to counsel at every stage of a judicial proceeding relating to involuntary treatment; requiring the court to appoint the public defender to represent the respondent within a specified timeframe after the filing of such petition if the respondent is not already represented by counsel; requiring the clerk of the court to immediately notify the public defender of such appointment; providing the length of such appointment; requiring that counsel for the respondent be provided access to the respondent, witnesses, and records relevant to the proceeding; requiring the attorney to represent the interests of the respondent, regardless of the source of payment to the attorney; authorizing the respondent to waive his or her right to counsel if certain criteria are met; providing that the respondent and the state are each entitled to at least one continuance if certain criteria are met; providing timeframes for such continuance; providing that the state's failure to timely review readily available documents or attempt to contact known witnesses does not warrant a continuance; requiring that a hearing for a petition for involuntary services be held within a specified timeframe; requiring that the hearing be held in the county or the facility where the respondent is located, as deemed appropriate by the court; requiring that the hearing be as convenient to the respondent as is consistent with orderly procedure; requiring that the hearing be conducted in a physical setting not likely to be injurious to the respondent's condition; authorizing the court to waive the respondent's attendance from all or any portion of the hearing if certain conditions are met; requiring all testimony be given under oath; requiring that the proceedings be recorded; authorizing the respondent to refuse to testify at the hearing; requiring that the hearing be held in person unless all parties agree otherwise; authorizing the court to permit witnesses to testify under oath remotely; requiring a witness testifying remotely to provide the parties with all relevant documents on which he or she is relying for such testimony within a specified timeframe; requiring the court to inform the respondent and the respondent's guardian or representative of the right to an independent expert examination by their own qualified expert; requiring the court to ensure that such an independent expert is provided to a respondent who cannot afford one; requiring that the independent expert's report is confidential and not discoverable for the hearing, unless the expert is called as a witness for the respondent; requiring the state attorney to represent the state, rather than the petitioning facility administrator or service provider, as the real party in interest in the proceeding; requiring the facility or service provider to make the respondent's clinical records available to the state attorney before the hearing; prohibiting the state attorney from using such records for matters outside the scope of the petition and hearing; authorizing the court to appoint a magistrate to preside at the hearing on the petition and any ancillary proceedings; requiring that at least one of the professionals who executed the petition for involuntary services testify at the hearing; requiring the court to consider testimony and evidence from specified individuals regarding the respondent's competence to consent to treatment; requiring the court to appoint a guardian advocate if it finds the respondent is incompetent to consent to treatment; requiring the court to make written findings to support such appointment; requiring the court, upon a finding that the respondent meets the criteria for involuntary services, to order in writing that the respondent receive involuntary inpatient placement or outpatient services or some combination of both for up to a specified timeframe; requiring the court to make certain findings in its written order; authorizing the court to order that the respondent be retained at a receiving facility while awaiting transfer to a treatment facility, or, if the respondent is at a treatment facility, that the respondent be retained there or be treated at another appropriate facility involuntarily for a specified timeframe; prohibiting the court from ordering that respondents who suffer from certain developmental disabilities, traumatic brain injuries, or dementia be involuntarily placed in a state treatment facility; authorizing the court to order involuntary assessments if the respondent meets the criteria for substance abuse services; authorizing the court to have the respondent evaluated by the Agency for Persons with Disabilities if the respondent has an intellectual disability or autism and reasonably appears to meet commitment criteria for developmental disabilities; requiring an administrator of a petitioning facility or the designated representative of the department to provide a copy of the written order and adequate documentation of the respondent's mental illness to the involuntary outpatient services provider or inpatient services provider under certain circumstances; requiring that specified information be included in such documentation; authorizing a treatment facility administrator to refuse admission to the respondent ordered to a facility on an involuntary basis if the court order for admission is not accompanied by certain documentation; requiring the facility administrator to file a petition for continued involuntary services under certain circumstances; requiring the court to appoint counsel for the respondent for such petition; providing that hearings on petitions for continued involuntary inpatient placement at a treatment facility are administrative hearings and must be conducted in a specified manner; providing that any order entered by the administrative law judge is final and subject to judicial review; providing applicability; requiring a treatment facility administrator treating a respondent under involuntary inpatient placement to file a petition for continued involuntary inpatient placement before the treatment period's expiration if certain conditions are met; requiring the administrative law judge to hold a hearing as soon as practicable; specifying that the existing commitment remains in effect until the disposition of the petition; requiring that such petition include certain documentation; providing procedures for the hearing on continued involuntary inpatient treatment; requiring the administrative law judge to issue an order for continued involuntary inpatient placement for up to 6 months if it is shown that the respondent continues to meet the criteria for involuntary inpatient placement; authorizing the administrative law judge to consider certain testimony and evidence regarding the respondent's competence or incompetence to consent to treatment under certain circumstances; authorizing the administrative law judge to issue an order to the court that previously found the respondent incompetent to consent to treatment which recommends that the respondent's competence be restored and the appointed guardian advocate be discharged; requiring the treatment facility administrator to petition the administrative law judge for continued involuntary inpatient placement for specified respondents; providing construction; authorizing the treatment facility administrator to search for, and seek the assistance of a law enforcement agency in finding, a person receiving involuntary inpatient services who leaves the facility without authorization; requiring that a patient be discharged from involuntary inpatient services if certain conditions are met; requiring a service provider or facility to send a certificate of discharge to specified parties; providing construction and applicability; amending s. 394.468, F.S.; requiring that certain discharge plans include information on resources offered through the Agency for Persons with Disabilities, the Department of Elderly Affairs, and the Department of Veterans' Affairs, when applicable, for patients being released from a receiving facility or a treatment facility; requiring that the plans include referral to other specified resources, when appropriate; amending s. 394.4785, F.S.; providing that a person 14 years of age or older being assessed for admission and placement in an adult mental health facility may be assessed by a qualified professional, rather than an admitting physician or psychiatric nurse; amending s. 394.495, F.S.; providing that a qualified professional, rather than a clinical psychologist, clinical social worker, physician, psychiatric nurse, or psychiatrist, may perform assessments for child and adolescent mental health services; conforming provisions to changes made by the act; amending s. 394.496, F.S.; requiring that a qualified professional, rather than a clinical psychologist, clinical social worker, physician, psychiatric nurse, or psychiatrist, be included among the persons developing services plans; amending s. 394.499, F.S.; authorizing the legal guardian of a minor who is eligible to receive specified services to provide consent for certain voluntary admission; revising the criteria for a person under 18 years of age to be involuntarily admitted; making a technical change; amending s. 394.676, F.S.; providing that a psychiatrist, psychiatric nurse, or physician assistant in psychiatry may determine substitutions of medications for non-Medicaid-eligible indigent individuals who are discharged from mental health treatment facilities; amending s. 394.875, F.S.; revising who may provide medication to patients at crisis stabilization units; making technical changes; amending s. 397.311, F.S.; defining the terms "neglect or refuse to care for himself or herself" and "real and present threat of substantial harm"; amending s. 397.416, F.S.; conforming a cross-reference; amending s. 397.501, F.S.; making a technical change; amending s. 397.675, F.S.; revising the criteria certain persons must meet to be eligible for involuntary admission; making a technical change; amending s. 397.681, F.S.; revising a provision requiring that an involuntary treatment petition for a substance abuse impaired person be filed with a certain clerk of the court; revising the proceedings over which a magistrate appointed by the chief judge may preside in involuntary treatment petitions; making a technical change; requiring the state attorney in the circuit in which the petition for involuntary treatment is filed to represent the state as the real party in interest in the proceeding; specifying that the petitioner has a right to be heard at the hearing; requiring that the state attorney have access to the respondent's clinical records; prohibiting the state attorney from using such records for purposes other than the respondent's civil commitment; requiring that such records remain confidential; making technical changes; repealing s. 397.6818, F.S., relating to court determinations; renumbering s. 397.68111, F.S., and reviving and reenacting s. 397.693, F.S., relating to involuntary treatment; renumbering s. 397.68112, F.S., and reviving and reenacting s. 397.695, F.S., relating to involuntary services; renumbering s. 397.68141, F.S., and reviving, reenacting, and amending s. 397.6951, F.S.; providing the factual allegations required to demonstrate the reasons for a petitioner's belief that the respondent requires involuntary services; providing that a petition may be accompanied by a certificate or report by a qualified professional who examined the respondent within a specified timeframe before the petition's filing; requiring that specified information be included in the qualified professional's certificate or report; requiring that it be noted in a petition if a respondent had not been assessed before the petition's filing or if a respondent refused to submit to an evaluation; conforming a provision to changes made by the act; renumbering s. 397.68151, F.S., and reviving, reenacting, and amending s. 397.6955, F.S.; requiring the clerk of the court to notify the state attorney's office upon the filing of a petition for involuntary services for a substance abuse impaired person; requiring the court to appoint counsel for such person based on information contained in the petition; deleting a provision enabling the court to appoint a magistrate to preside at the hearing on such petition; authorizing the court to rely solely on the contents of the petition to enter an ex parte order, without the appointment of an attorney, for a respondent's involuntary assessment under certain circumstances; requiring that the petition be executed within a certain timeframe; authorizing the court to order a law enforcement officer or other designated agent of the court to take specified actions; prohibiting a service provider from holding a respondent for observation for longer than a specified timeframe; providing exceptions; providing that an ex parte order is void if not executed by the initial hearing date; providing exceptions; authorizing the court to issue or reissue an ex parte assessment and stabilization order that is valid for a specified timeframe if certain conditions are met; requiring the court to continue the case for no more than a specified timeframe under certain circumstances; authorizing the court to order a law enforcement officer or other designated agent of the court to take specified actions if the respondent's whereabouts are known by the court; requiring the state to otherwise inform the court that the respondent has been assessed; authorizing the court to schedule a hearing as soon as practicable; requiring the court to dismiss the case if the respondent has not been assessed within a specified timeframe; amending s. 397.6957, F.S.; revising the evidence that may be heard and reviewed by the court in a hearing on a petition for involuntary treatment services; requiring such hearing to be held in person unless all parties agree otherwise; authorizing the court to permit witnesses to testify remotely for good cause; revising the relevant documents to be provided to the parties by a witness who testifies remotely; authorizing a respondent to request, or the court to order, an independent assessment if there is a possibility of bias in an assessment attached to the petition for involuntary treatment; deleting a requirement that the respondent be informed by the court of the right to an independent assessment; requiring the state, rather than the petitioner, to inform the court that the respondent has been assessed so that the court may schedule a hearing as soon as practicable; providing that involuntary assessments may be performed at specified locations; making a technical change; authorizing the court to order a law enforcement officer or other designated agent of the court to take the respondent into custody and transport him or her to the treatment facility or the assessing service provider; specifying that the state, rather than the petitioner, has the burden of proof that certain involuntary services are warranted; revising the requirements for meeting the burden of proof; authorizing the court to have the respondent evaluated by the Agency for Persons with Disabilities if the respondent has an intellectual disability or autism and reasonably appears to meet specified commitment criteria; amending s. 397.697, F.S.; deleting a requirement that a respondent for involuntary outpatient treatment appear likely to follow a prescribed outpatient care plan; specifying that a service provider's authority is separate and distinct from the court's continuing jurisdiction; requiring that the service provider be subject to the court's oversight; providing construction; deleting a requirement that the Louis de la Parte Florida Mental Health Institute provide copies of certain reports to the Department of Children and Families and the Legislature; making technical changes; conforming provisions to changes made by the act; amending s. 397.6971, F.S.; making a technical change; amending s. 397.6975, F.S.; providing that an existing involuntary services order remains in effect until any continued treatment order is complete; providing construction; making technical changes; conforming provisions to changes made by the act; amending s. 397.6977, F.S.; revising the discharge planning and procedures for a respondent's release from involuntary treatment services; making a technical change; amending s. 394.9085, F.S.; conforming a cross-reference; amending s. 397.6798, F.S.; conforming a provision to changes made by the act; amending s. 790.065, F.S.; authorizing the Department of Law Enforcement to disclose certain data to local law enforcement; conforming provisions to changes made by the act; providing an effective date.

AI Summary

Committee Categories

Patt Maney (R)*, 

Died in Human Services Subcommittee (on 06/16/2025)

Official Document