Florida Senate - 2023 SB 1592 By Senator Brodeur 10-00203C-23 20231592__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to transportation for voluntary mental 2 health crisis services; amending s. 394.462, F.S.; 3 revising the information that a county may include in 4 its transportation plan serving individuals seeking 5 certain voluntary services; authorizing counties to 6 designate at least one law enforcement agency to 7 transport persons on a voluntary basis to service 8 providers that have agreed to accept such persons; 9 prohibiting such individuals from being considered in 10 the custody of law enforcement officers; authorizing 11 law enforcement officers providing such courtesy 12 transports to conduct a specified search; conforming a 13 provision to changes made by the act; providing an 14 effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18

Section

Section 394.462, Florida Statutes, is amended to 19 read: 20 394.462 Transportation.—A transportation plan shall be 21 developed and implemented by each county in collaboration with 22 the managing entity in accordance with this section. A county 23 may enter into a memorandum of understanding with the governing 24 boards of nearby counties to establish a shared transportation 25 plan. When multiple counties enter into a memorandum of 26 understanding for this purpose, the counties shall notify the 27 managing entity and provide it with a copy of the agreement. The 28 transportation plan shall describe methods of transport to a 29

Florida Senate - 2023 SB 1592 10-00203C-23 20231592__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. facility within the designated receiving system for individuals 30 subject to involuntary examination under s. 394.463 or 31 involuntary admission under s. 397.6772, s. 397.679, s. 32 397.6798, or s. 397.6811, and may identify responsibility for 33 other transportation to a participating facility when necessary 34 and agreed to by the facility.

The plan may also describe 35 methods of transport for individuals seeking voluntary services 36 and the conditions under which such transport may be provided. 37 The plan may rely on emergency medical transport services or 38 private transport companies, as appropriate. The plan shall 39 comply with the transportation provisions of this

section and 40 ss. 397.6772, 397.6795, 397.6822, and 397.697. 41

(1) TRANSPORTATION TO A RECEIVING FACILITY.— 42 (

a) Each county shall designate a single law enforcement 43 agency within the county, or portions thereof, to take a person 44 into custody upon the entry of an ex parte order or the 45 execution of a certificate for involuntary examination by an 46 authorized professional and to transport that person to the 47 appropriate facility within the designated receiving system 48 pursuant to a transportation plan. 49 (b)1. The designated law enforcement agency may decline to 50 transport the person to a receiving facility only if: 51 a.

The jurisdiction designated by the county has contracted 52 on an annual basis with an emergency medical transport service 53 or private transport company for transportation of persons to 54 receiving facilities pursuant to this

section at the sole cost 55 of the county; and 56 b. The law enforcement agency and the emergency medical 57 transport service or private transport company agree that the 58

Florida Senate - 2023 SB 1592 10-00203C-23 20231592__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. continued presence of law enforcement personnel is not necessary 59 for the safety of the person or others. 60 2. The entity providing transportation may seek 61 reimbursement for transportation expenses. The party responsible 62 for payment for such transportation is the person receiving the 63 transportation. The county shall seek reimbursement from the 64 following sources in the following order: 65 a.

From a private or public third-party payor, if the 66 person receiving the transportation has applicable coverage. 67 b. From the person receiving the transportation. 68 c. From a financial settlement for medical care, treatment, 69 hospitalization, or transportation payable or accruing to the 70 injured party. 71 (

c) A company that transports a patient pursuant to this 72 subsection is considered an independent contractor and is solely 73 liable for the safe and dignified transport of the patient. Such 74 company must be insured and provide no less than $100,000 in 75 liability insurance with respect to the transport of patients. 76 (

d) Any company that contracts with a governing board of a 77 county to transport patients shall comply with the applicable 78 rules of the department to ensure the safety and dignity of 79 patients. 80 (

e) When a law enforcement officer takes custody of a 81 person pursuant to this part, the officer may request assistance 82 from emergency medical personnel if such assistance is needed 83 for the safety of the officer or the person in custody. 84 (

f) When a member of a mental health overlay program or a 85 mobile crisis response service is a professional authorized to 86 initiate an involuntary examination pursuant to s. 394.463 or s. 87

Florida Senate - 2023 SB 1592 10-00203C-23 20231592__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. 397.675 and that professional evaluates a person and determines 88 that transportation to a receiving facility is needed, the 89 service, at its discretion, may transport the person to the 90 facility or may call on the law enforcement agency or other 91 transportation arrangement best suited to the needs of the 92 patient. 93 (

g) When any law enforcement officer has custody of a 94 person based on either noncriminal or minor criminal behavior 95 that meets the statutory guidelines for involuntary examination 96 pursuant to s. 394.463, the law enforcement officer shall 97 transport the person to the appropriate facility within the 98 designated receiving system pursuant to a transportation plan. 99 Persons who meet the statutory guidelines for involuntary 100 admission pursuant to s. 397.675 may also be transported by law 101 enforcement officers to the extent resources are available and 102 as otherwise provided by law.

Such persons shall be transported 103 to an appropriate facility within the designated receiving 104 system pursuant to a transportation plan. 105 (

h) When any law enforcement officer has arrested a person 106 for a felony and it appears that the person meets the statutory 107 guidelines for involuntary examination or placement under this 108 part, such person must first be processed in the same manner as 109 any other criminal suspect. The law enforcement agency shall 110 thereafter immediately notify the appropriate facility within 111 the designated receiving system pursuant to a transportation 112 plan. The receiving facility shall be responsible for promptly 113 arranging for the examination and treatment of the person.

A 114 receiving facility is not required to admit a person charged 115 with a crime for whom the facility determines and documents that 116

Florida Senate - 2023 SB 1592 10-00203C-23 20231592__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. it is unable to provide adequate security, but shall provide 117 examination and treatment to the person where he or she is held. 118 (

i) If the appropriate law enforcement officer believes 119 that a person has an emergency medical condition as defined in 120 s. 395.002, the person may be first transported to a hospital 121 for emergency medical treatment, regardless of whether the 122 hospital is a designated receiving facility. 123 (

j) The costs of transportation, evaluation, 124 hospitalization, and treatment incurred under this subsection by 125 persons who have been arrested for violations of any state law 126 or county or municipal ordinance may be recovered as provided in 127 s. 901.35. 128 (

k) The appropriate facility within the designated 129 receiving system pursuant to a transportation plan must accept 130 persons brought by law enforcement officers, or an emergency 131 medical transport service or a private transport company 132 authorized by the county, for involuntary examination pursuant 133 to s. 394.463. 134 (

l) The appropriate facility within the designated 135 receiving system pursuant to a transportation plan must provide 136 persons brought by law enforcement officers, or an emergency 137 medical transport service or a private transport company 138 authorized by the county, pursuant to s. 397.675, a basic 139 screening or triage sufficient to refer the person to the 140 appropriate services. 141 (

m) Each law enforcement agency designated pursuant to 142 paragraph (

a) shall establish a policy that reflects a single 143 set of protocols for the safe and secure transportation and 144 transfer of custody of the person. Each law enforcement agency 145

Florida Senate - 2023 SB 1592 10-00203C-23 20231592__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. shall provide a copy of the protocols to the managing entity. 146 (

n) When a jurisdiction has entered into a contract with an 147 emergency medical transport service or a private transport 148 company for transportation of persons to facilities within the 149 designated receiving system, such service or company shall be 150 given preference for transportation of persons from nursing 151 homes, assisted living facilities, adult day care centers, or 152 adult family-care homes, unless the behavior of the person being 153 transported is such that transportation by a law enforcement 154 officer is necessary. 155 (

o) This

section may not be construed to limit emergency 156 examination and treatment of incapacitated persons provided in 157 accordance with s. 401.445. 158

(2) TRANSPORTATION TO A TREATMENT FACILITY.— 159 (

a) If neither the patient nor any person legally obligated 160 or responsible for the patient is able to pay for the expense of 161 transporting a voluntary or involuntary patient to a treatment 162 facility, the transportation plan established by the governing 163 board of the county or counties must specify how the 164 hospitalized patient will be transported to, from, and between 165 facilities in a safe and dignified manner. 166 (

b) A company that transports a patient pursuant to this 167 subsection is considered an independent contractor and is solely 168 liable for the safe and dignified transportation of the patient. 169 Such company must be insured and provide no less than $100,000 170 in liability insurance with respect to the transport of 171 patients. 172 (

c) A company that contracts with one or more counties to 173 transport patients in accordance with this

section shall comply 174

Florida Senate - 2023 SB 1592 10-00203C-23 20231592__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. with the applicable rules of the department to ensure the safety 175 and dignity of patients. 176 (

d) County or municipal law enforcement and correctional 177 personnel and equipment may not be used to transport patients 178 adjudicated incapacitated or found by the court to meet the 179 criteria for involuntary placement pursuant to s. 394.467, 180 except in small rural counties where there are no cost-efficient 181 alternatives. 182

(3) TRANSPORTATION TO A SERVICE PROVIDER OTHER THAN A 183 TREATMENT FACILITY OR RECEIVING FACILITY.—The county may 184 designate at least one law enforcement agency to transport 185 persons on a voluntary basis to service providers that have 186 agreed to accept such persons. Such persons may not be 187 considered to be in the custody of the law enforcement officer 188 providing such transportation. A law enforcement officer 189 providing such transportation may search the person to the 190 extent necessary to disclose the presence of a weapon. 191 (4)

(3) TRANSFER OF CUSTODY.—Except as provided in 192 subsection (3), custody of a person who is transported pursuant 193 to this part, along with related documentation, shall be 194 relinquished to a responsible individual at the appropriate 195 receiving or treatment facility. 196

Section 2. This act shall take effect July 1, 2023. 197