HB 313 — Marchman Act

The officer in charge of the detention facility must notify the nearest appropriate licensed service provider within the first 8 hours after detention that the person has been detained.

court jurisdiction and right to counsel.— (1) JURISDICTION.—The courts have jurisdiction of Pageinvoluntary 8assessment ofand 27stabilization CODING:petitions and involuntary services treatment petitions for substance abuse impaired persons.

Petitions for involuntary assessment and Page 8 of 25 CODING:

hb0313-00hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 313 2019 involuntarystabilization assessment and stabilization petitions andfor involuntary services treatmentmay be plead concurrently, and such petitions forshall substancemust abusebe impairedfiled persons.with the clerk of the court in the county where the person is located.

Petitions for involuntary assessment and stabilization and petitions for involuntary services may be plead concurrently, and such petitions shall must be filed with the clerk of the court in the county where the person is located.

If the respondent is a minor not otherwise represented in the proceeding, the court shall immediately appoint a guardian ad litem to act on the minor's Pagebehalf. 9 of 27 CODING:

(3) CONFLICT OF INTEREST.—A licensed service provider may not initiate any proceedings under this chapter unless the Page 9 of 25 CODING:

hb0313-00hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 313 2019 behalf.licensed service provider files a joint petition with an independent petitioner who has no financial interest in the licensed service provider or unless the respondent has no family or friends available or able to file a petition.

(2) If the person upon whose behalf the petition is being filed is a minor, a petition for involuntary assessment and stabilization may be filed by a parent, legal guardian, legal Page 10 of 2725 CODING:

hb0313-00hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 313 2019 (2) If the person upon whose behalf the petition is being filed is a minor, a petition for involuntary assessment and stabilization may be filed by a parent, legal guardian, legal custodian, or licensed service provider.

(3) A licensed service provider may not initiate any proceedings under this chapter unless the licensed service provider files a joint petition with an independent petitioner who has no financial interest in the licensed service provider or unless no other petitioner exists.

contents of petition.—A petition for involuntary assessment and stabilization must contain the name of the respondent, the current location of the respondent in the county where the petition has been filed, the name of the petitioner applicant or petitioners applicants, the relationship between the respondent and the petitioner applicant, and the name of the respondent's attorney, if known, and must state any request for a designation of a prearranged service provider for involuntary assessment and stabilization and sworn facts to support the need for involuntary assessment and stabilization, including facts to support that the respondent:respondent meets the criteria in s.

(1)397.675: Has lost the power of self-control with respect to substance abuse The reason for the petitioner's belief that the respondent is substance abuse impaired;

(2)(1) The reason for the petitioner's belief that because of such impairment the respondent hasis lostsubstance theabuse powerimpaired; of self- Page 11 of 27 CODING:

(2) The reason for the petitioner's belief that because of such impairment the respondent has lost the power of self- control with respect to substance abuse;

and Page 11 of 25 CODING:

hb0313-00hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 313 2019 control(3)(a) withThe respectreason the petitioner believes that the respondent has inflicted or is likely to substanceinflict abuse;physical harm on himself or herself or others unless admitted;

andor (2)(3)(a)(b) IsThe inreason needthe ofpetitioner substancebelieves abusethat servicesthe and,respondent's byrefusal reasonto ofvoluntarily substancereceive abusecare impairment,is hisbased oron her judgment has been so impaired thatby hereason orof shesubstance abuse that the respondent is incapable of appreciating his or her need for suchcare services and of making a rational decision inregarding that regard, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for suchcare. services The reason the petitioner believes that the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless admitted;

or (b) Without care or services, is likely to suffer from neglect or refuse to care for himself or herself;

that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being;

and that it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical or emotional harm on himself, herself, or another The reason the petitioner believes that the respondent's refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that the respondent is incapable of appreciating his or her need for care and of making a rational decision regarding that need for Page 12 of 27 CODING:

Words stricken are deletions;

words underlined are additions.

hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2019 care.

(a)(1)Page Provide12 a copy of the25 petitionCODING: and notice of hearing to the respondent;

Words stricken are deletions;

words underlined are additions.

hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 313 2019 (a)(1) Provide a copy of the petition and notice of hearing to the respondent;

The petitioner, Pageindividually 13or through counsel, may serve the respondent with notice of 27the CODING:petition, summons, and court dates by private process;

Words stricken are deletions;

words underlined are additions.

hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2019 individually or through counsel, may serve the respondent with notice of the petition, summons, and court dates by private process;

2.Page 13 of 25 CODING:

Words stricken are deletions;

words underlined are additions.

hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 313 2019 2.

The writ of Pagebodily 14attachment, order, petition, and notice of 27any CODING:scheduled court dates shall be served upon the respondent by the law enforcement agency executing the ex parte order at the time such respondent is taken into custody.

Words stricken are deletions;

words underlined are additions.

hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2019 bodily attachment, order, petition, and notice of any scheduled court dates shall be served upon the respondent by the law enforcement agency executing the ex parte order at the time such respondent is taken into custody.

If a scheduled hearing to be held on a petition for services, which was filed concurrently pursuant to this section, will not occur due to the respondent not being taken into custody and delivered pursuant to the ex parte order, the court shall amend its order and reschedule the hearing to occur within 10 calendar days after the previously scheduled hearing date.

397.6818Page Court14 determination.—Atof the25 hearingCODING: initiated in accordance with s.

Words stricken are deletions;

words underlined are additions.

hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 313 2019 397.6818 Court determination.—At the hearing initiated in accordance with s.

397.6815(1) s.

After hearing all the evidence, the court shall determine whether there is a reasonable basis to believe the respondent meets the involuntary admission criteria Pagein 15 of 27s. CODING:

Words stricken are deletions;

words underlined are additions.

hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2019 of s.

(2) If the court enters an order authorizing involuntary assessment and stabilization, the order shall include the court's findings with respect to the availability and appropriateness of the least restrictive alternatives and the need for the appointment of an attorney to represent the respondent,Page and15 must may designate the specific licensed service provider to perform the involuntary assessment and stabilization of the25 respondent.CODING:

The respondent may choose the licensed service provider to deliver the involuntary assessment when where possible and appropriate.

The court shall make its findings based on records released pursuant to s.

397.501(7), if any, within 7 calendar days after the entry of its order authorizing involuntary assessment and stabilization.

(3) Within 10 calendar days after the entry of its order authorizing involuntary assessment and stabilization, the court Page 16 of 27 CODING:

hb0313-00hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 313 2019 shallrespondent, scheduleand amust hearingmay todesignate bethe heldspecific onlicensed aservice petitionprovider for involuntary services to determineperform ifthe anyinvoluntary furtherassessment proceedings,and includingstabilization anof orderthe forrespondent. such services, are warranted.

The respondent may choose the licensed service provider to deliver the involuntary assessment when where possible and appropriate.

For any records that may only be disclosed pursuant to s.

397.501(7), the court shall make its findings on the disclosure of such records within 7 calendar days after the entry of its order authorizing involuntary assessment and stabilization.

(3) Within 10 calendar days after the entry of its order authorizing involuntary assessment and stabilization, the court shall schedule a hearing to be held on a petition for involuntary services to determine if any further proceedings, including an order for such services, are warranted.

SubsectionSection (3) of section 397.6822, Florida Statutes, is amended to read:

397.6822Page Disposition16 of individual25 afterCODING: involuntary assessment.—Based upon the involuntary assessment, a qualified professional of the hospital, detoxification facility, or addictions receiving facility, or a qualified professional when a less restrictive component has been used, must:

(3) Retain the individual when a petition for involuntary services treatment has been initiated, the timely filing of which authorizes the service provider to retain physical custody of the individual pending further order of the court.

Adhering to federal confidentiality regulations, notice of Page 17 of 27 CODING:

hb0313-00hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 313 2019 disposition397.6822 mustDisposition beof providedindividual toafter involuntary assessment.—Based upon the petitionerinvoluntary andassessment toin, a qualified professional of the court.hospital, a detoxification facility, an or addictions receiving facility, or a qualified professional when a less restrictive component has been used, the qualified professional must:

(1) Release the individual and, where appropriate, refer the individual to another treatment facility or service provider, or to community services;

(2) Allow the individual, with consent, to remain voluntarily at the licensed provider;

or (3) Retain the individual when a petition for involuntary services treatment has been initiated, the timely filing of which authorizes the service provider to retain physical custody of the individual pending further order of the court.

Adhering to federal confidentiality regulations, notice of disposition must be provided to the petitioner and to the court.

(1)Page Has17 beenof placed25 underCODING: protective custody pursuant to s.

Words stricken are deletions;

words underlined are additions.

hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 313 2019 (1) Has been placed under protective custody pursuant to s.

persons who may petition.— (1) If the respondent is an adult, a petition for involuntary services may be filed by the respondent's spouse or legal guardian, any relative, a licensed service provider, or an adult who has direct personal knowledge of the respondent's Pagesubstance 18abuse impairment and his or her prior course of 27assessment CODING:and services treatment.

Words stricken are deletions;

words underlined are additions.

hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2019 substance abuse impairment and his or her prior course of assessment and services treatment.

(3) A licensed service provider may not initiate any proceedings under this chapter unless the licensed service provider files a joint petition with an independent petitioner who has no financial interest in the licensed service provider or unless no other petitioner exists.

397.6951Page Contents18 of petition25 forCODING: involuntary services.—A petition for involuntary services must contain the name of the respondent;

Words stricken are deletions;

words underlined are additions.

hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 313 2019 397.6951 Contents of petition for involuntary services.—A petition for involuntary services must contain the name of the respondent;

The factual allegations must demonstrate that the respondent:respondent meets the criteria in s.

(1)397.675: Has lost the power of self-control with respect to substance abuse The reason for the petitioner's belief that the respondent is substance abuse impaired;

Page(1) 19The ofreason 27for CODING:the petitioner's belief that the respondent is substance abuse impaired;

(2) The reason for the petitioner's belief that because of such impairment the respondent has lost the power of self- control with respect to substance abuse;

and (3)(a) The reason the petitioner believes that the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders the involuntary services;

or (b) The reason the petitioner believes that the respondent's refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that the respondent is incapable of appreciating his or her need for care and of making a rational decision regarding that need for care.

Page 19 of 25 CODING:

hb0313-00hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 313 2019 (2)Section The17. reason for the petitioner's belief that because of such impairment the respondent has lost the power of self- control with respect to substance abuse;

and (2)(3)(a) Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that he or she is incapable of appreciating his or her need for such services and of making a rational decision in that regard, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services The reason the petitioner believes that the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders the involuntary services;

or (b) Without care or services, is likely to suffer from neglect or refuse to care for himself or herself;

that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being;

and that it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical or emotional harm on himself, herself, or another The reason the petitioner believes that the respondent's refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that Page 20 of 27 CODING:

Words stricken are deletions;

words underlined are additions.

hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2019 the respondent is incapable of appreciating his or her need for care and of making a rational decision regarding that need for care.

Section 17.

397.6955 Duties of court upon filing of petition for involuntary services.— (1) Upon the filing of a petition for involuntary services, which is not included as part of an initial assessment and stabilization petition, for a substance abuse impaired person with the clerk of the court,court:, the(1) The court shall immediately determine whether the respondent is represented by an attorney or whether the appointment of counsel for the respondent is appropriate.

(2) The court shall schedule a hearing to be held on the Pagepetition 21within of5 27calendar CODING:days unless a continuance is granted.

The court may appoint a magistrate to preside at the hearing.

Page 20 of 25 CODING:

hb0313-00hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 313 2019 (3) A copy of the petition withinand 5notice calendarof daysthe unlesshearing amust continuancebe isprovided granted.to the respondent;

The court may appoint a magistrate to preside at the hearing.

(3) A copy of the petition and notice of the hearing must be provided to the respondent;

The respondent must be present unless the court finds that his or her presence is likely to be injurious to himself or herself or others, in which Pageevent 22the court must appoint a guardian advocate to act in behalf of 27the CODING:respondent throughout the proceedings.

If the Page 21 of 25 CODING:

hb0313-00hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 313 2019 eventrespondent fails to appear for the courthearing mustafter appointproper anotice, guardianor advocateis unwilling to actsubmit into behalfthe ofcourt-ordered services, the respondentcourt throughoutmay proceed with the proceedings.hearing and enter an order for services.

If(2) theThe respondentpetitioner failshas to appear for the hearingburden afterof properproving notice,by orclear isand unwillingconvincing toevidence submitthat to the court-orderedrespondent services,meets the courtcriteria mayin proceeds. with the hearing and enter an order for services.

(2)397.675: The petitioner has the burden of proving by clear and convincing evidence that the respondent:

(a) Has lost the power of self-control with respect to The respondent is substance abuse impaired and has a history of lack of compliance with treatment for substance abuse;

and (b)1.(b) Because of such impairment the respondent is unlikely to voluntarily participate in the recommended services or is unable to determine for himself or herself whether services are necessary and:

Is1. in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that he or she is incapable of appreciating his or her need for such services and of making a rational decision in that regard, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services;

orWithout Becauseservices, of such impairment the respondent is unlikelylikely to voluntarilysuffer participatefrom inneglect the recommended services or isrefuse unable to determinecare for himself or herselfherself; whether services are necessary and:

2.1.

Without care or services, the respondent is likely to suffer from neglect or refuse to care for himself or herself;

and that itthere is nota Pagesubstantial 23likelihood ofthat 27without CODING:services the respondent will cause serious bodily harm to himself, herself, or another in the near future, as evidenced by recent behavior;

or 2.

The respondent's refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that the respondent is incapable of appreciating his or her need for Page 22 of 25 CODING:

hb0313-00hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 313 2019 apparentcare thatand such harm may be avoided through the help of willingmaking familya membersrational ordecision friendsregarding or the provision of other services, or that thereneed isfor acare. substantial likelihood that without services the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical or emotional respondent will cause serious bodily harm on to himself, herself, or another in the near future, as evidenced by recent behavior;

or 2.

The respondent's refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that the respondent is incapable of appreciating his or her need for care and of making a rational decision regarding that need for care.

The respondent patient may refuse to testify at the hearing.

(4) At the conclusion of the hearing the court shall dismiss the petition or order the respondent to receive involuntary services from his or her chosen licensed service Pageprovider 24if ofpossible 27and CODING:appropriate or a licensed service provider designated by the court.

Words stricken are deletions;

words underlined are additions.

hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2019 provider if possible and appropriate or a licensed service provider designated by the court.

Based upon its findings made after reviewing the records releaseddisclosed pursuant to s.

SectionPage 19.23 of 25 CODING:

Words stricken are deletions;

words underlined are additions.

hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 313 2019 Section 19.

The court may also order a respondent to undergoreceive services undergo treatment through a privately funded licensed service provider if the respondent has the ability to pay for the services treatment, or if any person on the respondent's behalf voluntarily demonstrates a willingness and an ability to pay for the services treatment.

If the court Pagefinds 25it ofnecessary, 27it CODING:may direct any law enforcement agency or the sheriff to take the respondent into custody and deliver him or her to the licensed service provider specified in the court order, or to the nearest appropriate licensed service provider, for involuntary services.

Words stricken are deletions;

words underlined are additions.

hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2019 finds it necessary, it may direct any law enforcement agency or the sheriff to take the respondent into custody and deliver him or her to the licensed service provider specified in the court order, or to the nearest appropriate licensed service provider, for involuntary services.

SectionPage 20.24 of 25 CODING:

Words stricken are deletions;

words underlined are additions.

hb0313-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 313 2019 Section 20.

Page(7) 26If ofthe 27respondent CODING:has previously been found incompetent to consent to services treatment, the court shall consider testimony and evidence regarding the respondent's competence.

Words stricken are deletions;

words underlined are additions.

hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2019 (7) If the respondent has previously been found incompetent to consent to services treatment, the court shall consider testimony and evidence regarding the respondent's competence.

Page 2725 of 2725 CODING:

hb0313-00hb0313-01-c1