Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1240
       
       
       
       
       
       
                                Ì8565344Î856534                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2025           .                                
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       The Committee on Children, Families, and Elder Affairs
       (Calatayud) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) of subsection (2) of section
    6  394.4573, Florida Statutes, is amended to read:
    7         394.4573 Coordinated system of care; annual assessment;
    8  essential elements; measures of performance; system improvement
    9  grants; reports.—On or before December 1 of each year, the
   10  department shall submit to the Governor, the President of the
   11  Senate, and the Speaker of the House of Representatives an
   12  assessment of the behavioral health services in this state. The
   13  assessment shall consider, at a minimum, the extent to which
   14  designated receiving systems function as no-wrong-door models,
   15  the availability of treatment and recovery services that use
   16  recovery-oriented and peer-involved approaches, the availability
   17  of less-restrictive services, and the use of evidence-informed
   18  practices. The assessment shall also consider the availability
   19  of and access to coordinated specialty care programs and
   20  identify any gaps in the availability of and access to such
   21  programs in the state. The department’s assessment shall
   22  consider, at a minimum, the needs assessments conducted by the
   23  managing entities pursuant to s. 394.9082(5). The department
   24  shall compile and include in the report all plans submitted by
   25  managing entities pursuant to s. 394.9082(8) and the
   26  department’s evaluation of each plan.
   27         (2) The essential elements of a coordinated system of care
   28  include:
   29         (d) Crisis services, including the 988 suicide and crisis
   30  lifeline call center, mobile response teams, crisis
   31  stabilization units, addiction receiving facilities, and
   32  detoxification facilities.
   33         Section 2. Subsection (8) of section 394.4598, Florida
   34  Statutes, are amended to read:
   35         394.4598 Guardian advocate.—
   36         (8) The guardian advocate shall be discharged when the
   37  patient is discharged from an order for involuntary outpatient
   38  services placement or involuntary inpatient placement or when
   39  the patient is transferred from involuntary to voluntary status.
   40  The court or a hearing officer shall consider the competence of
   41  the patient pursuant to subsection (1) and may consider an
   42  involuntarily placed patient’s competence to consent to
   43  treatment at any hearing. Upon sufficient evidence, the court
   44  may restore, or the hearing officer may recommend that the court
   45  restore, the patient’s competence. A copy of the order restoring
   46  competence or the certificate of discharge containing the
   47  restoration of competence shall be provided to the patient and
   48  the guardian advocate.
   49         Section 3. Subsection (5) of section 394.4625, Florida
   50  Statutes, is amended to read:
   51         394.4625 Voluntary admissions.—
   52         (5) TRANSFER TO INVOLUNTARY STATUS.—When a voluntary
   53  patient, or an authorized person on the patient’s behalf, makes
   54  a request for discharge, the request for discharge, unless
   55  freely and voluntarily rescinded, must be communicated to a
   56  physician, a clinical psychologist with at least 3 years of
   57  clinical postdoctoral experience in the practice of clinical
   58  psychology, or a psychiatrist as quickly as possible, but not
   59  later than 12 hours after the request is made. If the patient
   60  meets the criteria for involuntary placement, the administrator
   61  of the facility must file with the court a petition for
   62  involuntary placement, within 2 court working days after the
   63  request for discharge is made. If the petition is not filed
   64  within 2 court working days, the patient must be discharged.
   65  Pending the filing of the petition, the patient may be held and
   66  emergency treatment rendered in the least restrictive manner,
   67  upon the order of a physician or a psychiatric nurse practicing
   68  within the framework of an established protocol with a
   69  psychiatrist, if it is determined that such treatment is
   70  necessary for the safety of the patient or others.
   71         Section 4. Subsection (2) of section 394.4655, Florida
   72  Statutes, is amended to read:
   73         394.4655 Orders to involuntary outpatient placement.—
   74         (2) A court or a county court may order an individual to
   75  involuntary outpatient placement under s. 394.467. The criteria
   76  for ordering a person to involuntary outpatient placement, as
   77  wella s all of the requirements and processes for placement,
   78  including, but not limited to, recommendations for involuntary
   79  outpatient placement, petitions, appointment of counsel, and
   80  hearings on involuntary outpatient placement are provided in s.
   81  394.467.
   82         (3)When recommending an order to involuntary outpatient
   83  placement, the petitioner, as defined in s. 394.467(4), shall
   84  prepare a services plan for the patient in accordance with s.
   85  394.467.
   86         Section 5. Paragraph (a) of subsection (1) and subsection
   87  (11) of section 394.467, Florida Statutes, is amended to read:
   88         394.467 Involuntary inpatient placement and involuntary
   89  outpatient services.—
   90         (1) DEFINITIONS.—As used in this section, the term:
   91         (a) “Court” means a circuit court or, for commitments only
   92  to involuntary outpatient services as defined in s. 394.4655, a
   93  county court.
   94         (11) PROCEDURE FOR CONTINUED INVOLUNTARY SERVICES.—
   95         (a) A petition for continued involuntary services must be
   96  filed if the patient continues to meets the criteria for
   97  involuntary services.
   98         (b)1. If a patient receiving involuntary outpatient
   99  services continues to meet the criteria for involuntary
  100  outpatient services, the service provider must file in the court
  101  that issued the initial order for involuntary outpatient
  102  services a petition for continued involuntary outpatient
  103  services.
  104         2. If a patient in involuntary inpatient placement
  105  continues to meet the criteria for involuntary services and is
  106  being treated at a receiving facility, the administrator must,
  107  before the expiration of the period the receiving facility is
  108  authorized to retain the patient, file in the court that issued
  109  the initial order for involuntary inpatient placement, a
  110  petition requesting authorization for continued involuntary
  111  services. The administrator may petition for inpatient or
  112  outpatient services.
  113         3. If a patient in involuntary inpatient placement
  114  continues to meet the criteria for involuntary services and is
  115  being treated at a treatment facility, the administrator must,
  116  before expiration of the period the treatment facility is
  117  authorized to retain the patient, file a petition requesting
  118  authorization for continued involuntary services. The
  119  administrator may petition for inpatient or outpatient services.
  120  Hearings on petitions for continued involuntary services of an
  121  individual placed at any treatment facility are administrative
  122  hearings and must be conducted in accordance with s. 120.57(1),
  123  except that any order entered by the administrative law judge is
  124  final and subject to judicial review in accordance with s.
  125  120.68. Orders concerning patients committed after successfully
  126  pleading not guilty by reason of insanity are governed by s.
  127  916.15.
  128         4. The court shall immediately schedule a A hearing on the
  129  petition shall to be scheduled immediately and held within 15
  130  days after the petition is filed.
  131         5. The existing involuntary services order shall remain in
  132  effect until disposition on the petition for continued
  133  involuntary services.
  134         (c) The petition must be accompanied by a statement from
  135  the patient’s physician, psychiatrist, psychiatric nurse, or
  136  clinical psychologist justifying the request, a brief
  137  description of the patient’s treatment during the time he or she
  138  was receiving involuntary services, and an individualized plan
  139  of continued treatment developed in consultation with the
  140  patient or the patient’s guardian advocate, if applicable. If
  141  the petition is for involuntary outpatient services, it must
  142  comply with the requirements of subparagraph (4)(d)3. When the
  143  petition has been filed, the clerk of the court or the clerk of
  144  the Division of Administrative Hearings, as applicable, shall
  145  provide copies of the petition and the individualized plan of
  146  continued services to the department, the patient, the patient’s
  147  guardian advocate, the state attorney, and the patient’s private
  148  counsel or the public defender.
  149         (d) The court shall appoint counsel to represent the person
  150  who is the subject of the petition for continued involuntary
  151  services in accordance with the provisions set forth in
  152  subsection (5), unless the person is otherwise represented by
  153  counsel or ineligible.
  154         (e) Hearings on petitions for continued involuntary
  155  outpatient services must be before the court that issued the
  156  order for involuntary outpatient services. However, the patient
  157  and the patient’s attorney may agree to a period of continued
  158  outpatient services without a court hearing.
  159         (f) Hearings on petitions for continued involuntary
  160  inpatient placement in receiving facilities, or involuntary
  161  outpatient services following involuntary inpatient services,
  162  must be held in the county or the facility, as appropriate,
  163  where the patient is located.
  164         (g) The court may appoint a magistrate to preside at the
  165  hearing. The procedures for obtaining an order pursuant to this
  166  paragraph must meet the requirements of subsection (7).
  167         (h) Notice of the hearing must be provided as set forth in
  168  s. 394.4599.
  169         (i) If a patient’s attendance at the hearing is voluntarily
  170  waived, the court or the administrative law judge must determine
  171  that the patient knowingly, intelligently, and voluntarily
  172  waived his or her right to be present, before waiving the
  173  presence of the patient from all or a portion of the hearing.
  174  Alternatively, if at the hearing the court or the administrative
  175  law judge finds that attendance at the hearing is not consistent
  176  with the best interests of the patient, the court or the
  177  administrative law judge may waive the presence of the patient
  178  from all or any portion of the hearing, unless the patient,
  179  through counsel, objects to the waiver of presence. The
  180  testimony in the hearing must be under oath, and the proceedings
  181  must be recorded.
  182         (j) If at a hearing it is shown that the patient continues
  183  to meet the criteria for involuntary services, the court or the
  184  administrative law shall issue an order for continued
  185  involuntary outpatient services, involuntary inpatient
  186  placement, or a combination of involuntary services for up to 6
  187  months. The same procedure shall be repeated before the
  188  expiration of each additional period the patient is retained.
  189         (k) If the patient has been ordered to undergo involuntary
  190  services and has previously been found incompetent to consent to
  191  treatment, the court shall consider testimony and evidence
  192  regarding the patient’s competence. If the patient’s competency
  193  to consent to treatment is restored, the discharge of the
  194  guardian advocate is governed by s. 394.4598. If the patient has
  195  been ordered to undergo involuntary inpatient placement only and
  196  the patient’s competency to consent to treatment is restored,
  197  the administrative law judge may issue a recommended order, to
  198  the court that found the patient incompetent to consent to
  199  treatment, that the patient’s competence be restored and that
  200  any guardian advocate previously appointed be discharged.
  201         (l) If continued involuntary inpatient placement is
  202  necessary for a patient in involuntary inpatient placement who
  203  was admitted while serving a criminal sentence, but his or her
  204  sentence is about to expire, or for a minor involuntarily
  205  placed, but who is about to reach the age of 18, the
  206  administrator shall petition the administrative law judge for an
  207  order authorizing continued involuntary inpatient placement.
  208  
  209  The procedure required in this subsection must be followed
  210  before the expiration of each additional period the patient is
  211  involuntarily receiving services.
  212         Section 6. Subsections (1) through (25) of section 394.67,
  213  Florida Statutes, are renumbered as subsections (2) through
  214  (26), respectively, subsection (4) is amended, and a new
  215  subsection (1) is added to that section, to read:
  216         394.67 Definitions.—As used in this part, the term:
  217         (1)“988 suicide and crisis lifeline call center” means a
  218  call center meeting national accreditation and recognized by the
  219  department to receive 988 calls, texts, or other forms of
  220  communication in this state.
  221         (4) “Crisis services” means short-term evaluation,
  222  stabilization, and brief intervention services provided to a
  223  person who is experiencing an acute mental or emotional crisis,
  224  as defined in subsection (19) (18), or an acute substance abuse
  225  crisis, as defined in subsection (20) (19), to prevent further
  226  deterioration of the person’s mental health. Crisis services are
  227  provided in settings such as a crisis stabilization unit, an
  228  inpatient unit, a short-term residential treatment program, a
  229  detoxification facility, or an addictions receiving facility; at
  230  the site of the crisis by a mobile crisis response team; or at a
  231  hospital on an outpatient basis; or telephonically by a 988
  232  suicide and crisis lifeline call center.
  233         Section 7. Section 394.9088, Florida Statutes, is created
  234  to read:
  235         394.9088988 suicide and crisis lifeline call center.—
  236         (1)The department shall authorize and provide oversight to
  237  988 suicide and crisis lifeline call centers. Unless authorized
  238  by the department, call centers are not permitted to conduct 988
  239  suicide and crisis lifeline services. The department may
  240  implement a corrective action plan, suspension or revocation of
  241  authorization for failure to comply with this section and rules
  242  adopted under this section.
  243         (2)The department shall adopt rules relating to:
  244         (a)The process for authorization of 988 suicide and crisis
  245  lifeline call centers.
  246         (b)Minimum standards for 988 suicide and crisis lifeline
  247  call centers to be authorized, including but not limited to,
  248  service delivery, quality of care, and performance outcomes.
  249         (c)The adequacy and consistency of 988 suicide and crisis
  250  lifeline call centers’ personnel certifications, accreditations,
  251  quality assurance standards, and minimum training standards.
  252         (d)Implementation of a cohesive statewide plan for 988
  253  suicide and crisis lifeline call centers to achieve statewide
  254  interoperability with the 911 system and to provide individuals
  255  with rapid and direct access to the appropriate care.
  256         Section 8. Subsections (3) through (9) of section 397.427,
  257  Florida Statutes, are renumbered as subsections (2) through (8),
  258  respectively, and present subsections (2) and (5) are amended,
  259  to read:
  260         397.427 Medication-assisted treatment service providers;
  261  rehabilitation program; needs assessment and provision of
  262  services; persons authorized to issue takeout medication;
  263  unlawful operation; penalty.—
  264         (2)The department shall determine the need for
  265  establishing providers of medication-assisted treatment services
  266  for opiate addiction.
  267         (a)Providers of medication-assisted treatment services for
  268  opiate addiction may be established only in response to the
  269  department’s determination and publication of need for
  270  additional medication treatment services.
  271         (b)If needs assessment is required, the department shall
  272  annually conduct the assessment and publish a statement of
  273  findings which identifies each substate entity’s need.
  274         (c)Notwithstanding paragraphs (a) and (b), the license for
  275  medication-assisted treatment programs for opiate addiction
  276  licensed before October 1, 1990, may not be revoked solely
  277  because of the department’s determination concerning the need
  278  for medication-assisted treatment services for opiate addiction.
  279         (4)(5)The department shall also determine the need for
  280  establishing medication-assisted treatment for substance use
  281  disorders other than opiate dependence. Service providers within
  282  the publicly funded system shall be funded for provision of
  283  these services based on the availability of funds.
  284         Section 9. Subsection (3) of section 397.68141, Florida
  285  Statutes, is amended to read:
  286         397.68141 Contents of petition for involuntary treatment
  287  services.—A petition for involuntary services must contain the
  288  name of the respondent; the name of the petitioner; the
  289  relationship between the respondent and the petitioner; the name
  290  of the respondent’s attorney, if known; and the factual
  291  allegations presented by the petitioner establishing the need
  292  for involuntary services for substance abuse impairment.
  293         (3) If there is an emergency, the petition must also
  294  describe the respondent’s exigent circumstances and include a
  295  request for an ex parte assessment and stabilization order that
  296  must be executed pursuant to s. 397.6818 397.68151.
  297         Section 10. Paragraph (c) of subsection (1) of section
  298  916.111, Florida Statutes, is amended to read:
  299         916.111 Training of mental health experts.—The evaluation
  300  of defendants for competency to proceed or for sanity at the
  301  time of the commission of the offense shall be conducted in such
  302  a way as to ensure uniform application of the criteria
  303  enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
  304  Procedure. The department shall develop, and may contract with
  305  accredited institutions:
  306         (1) To provide:
  307         (c) Training for mental health professionals in the
  308  application of these protocols and procedures in performing
  309  forensic evaluations and providing reports to the courts.
  310  Training must include, but is not limited to, information on
  311  statutes and rules related to competency restoration, evidence
  312  based practices, least restrictive treatment alternatives and
  313  placement options as described in s. 916.12(4)(c); and
  314         Section 11. Subsection (1) of section 916.115, Florida
  315  Statutes, is amended to read:
  316         916.115 Appointment of experts.—
  317         (1) The court shall appoint no more than three experts to
  318  determine the mental condition of a defendant in a criminal
  319  case, including competency to proceed, insanity, involuntary
  320  placement, and treatment. The experts may evaluate the defendant
  321  in jail or in another appropriate local facility or in a
  322  facility of the Department of Corrections.
  323         (a) The court To the extent possible, The appointed experts
  324  shall:
  325         1.have completed forensic evaluator training approved by
  326  the department, and each shall Be a psychiatrist, licensed
  327  psychologist, or physician.
  328         2.Have completed initial and ongoing forensic evaluator
  329  training, provided by the department.
  330         3.If performing juvenile evaluations, complete annually,
  331  juvenile forensic competency evaluation training approved by the
  332  department.
  333         (b)Existing evaluators shall complete department-provided
  334  continuing education training by July 1, 2026, to remain active
  335  on the list.
  336         (c)(b) The department shall maintain and annually provide
  337  the courts with a list of available mental health professionals
  338  who have completed the initial and annual approved training as
  339  experts.
  340         Section 12. Paragraph (d) of subsection (4) of section
  341  916.12, Florida Statutes, is amended to read:
  342         916.12 Mental competence to proceed.—
  343         (4) If an expert finds that the defendant is incompetent to
  344  proceed, the expert shall report on any recommended treatment
  345  for the defendant to attain competence to proceed. In
  346  considering the issues relating to treatment, the examining
  347  expert shall specifically report on:
  348         (d) The availability of acceptable treatment and, if
  349  treatment is available in the community, the expert shall so
  350  state in the report. In determining what acceptable treatments
  351  are available in the community, the expert shall, at a minimum,
  352  use current information or resources on less restrictive
  353  treatment alternatives, as described in paragraph (c) and those
  354  obtained from training and continuing education approved by the
  355  department.
  356  
  357  The examining expert’s report to the court shall include a full
  358  and detailed explanation regarding why the alternative treatment
  359  options referenced in the evaluation are insufficient to meet
  360  the needs of the defendant.
  361         Section 13. Paragraph (a) of subsection (1) of section
  362  394.674, Florida Statutes, is amended to read:
  363         394.674 Eligibility for publicly funded substance abuse and
  364  mental health services; fee collection requirements.—
  365         (1) To be eligible to receive substance abuse and mental
  366  health services funded by the department, an individual must be
  367  a member of at least one of the department’s priority
  368  populations approved by the Legislature. The priority
  369  populations include:
  370         (a) For adult mental health services:
  371         1. Adults who have severe and persistent mental illness, as
  372  designated by the department using criteria that include
  373  severity of diagnosis, duration of the mental illness, ability
  374  to independently perform activities of daily living, and receipt
  375  of disability income for a psychiatric condition. Included
  376  within this group are:
  377         a. Older adults in crisis.
  378         b. Older adults who are at risk of being placed in a more
  379  restrictive environment because of their mental illness.
  380         c. Persons deemed incompetent to proceed or not guilty by
  381  reason of insanity under chapter 916.
  382         d. Other persons involved in the criminal justice system.
  383         e. Persons diagnosed as having co-occurring mental illness
  384  and substance abuse disorders.
  385         2. Persons who are experiencing an acute mental or
  386  emotional crisis as defined in s. 394.67 s. 394.67(18).
  387         Section 14. Paragraph (a) of subsection (3) of section
  388  394.74, Florida Statutes, is amended to read:
  389         394.74 Contracts for provision of local substance abuse and
  390  mental health programs.—
  391         (3) Contracts shall include, but are not limited to:
  392         (a) A provision that, within the limits of available
  393  resources, substance abuse and mental health crisis services, as
  394  defined in s. 394.67 s. 394.67(4), shall be available to any
  395  individual residing or employed within the service area,
  396  regardless of ability to pay for such services, current or past
  397  health condition, or any other factor;
  398         Section 15. This act shall take effect July 1, 2025.
  399  
  400  ================= T I T L E  A M E N D M E N T ================
  401  And the title is amended as follows:
  402         Delete everything before the enacting clause
  403  and insert:
  404                        A bill to be entitled                      
  405         An act relating to substance abuse and mental health
  406         care; amending s. 394.4573, F.S.; expanding mental
  407         health crisis services to include the 988 suicide and
  408         crisis lifeline call center; amending s. 394.4598,
  409         F.S.; authorizing the guardian advocate to be
  410         discharged when a patient is discharged from
  411         involuntary outpatient services; amending s. 394.4625,
  412         F.S.; requiring clinical psychologists who make
  413         determinations of involuntary placement at certain
  414         mental health facilities to have specified clinical
  415         experience; amending s. 394.4655, F.S.; providing
  416         cross-reference for specified criteria relating to
  417         orders to involuntary outpatient placement; amending
  418         s. 394.467, F.S.; providing that orders entered by
  419         administrative law judges for continued involuntary
  420         placement for patients at certain mental health
  421         facilities are final and subject to judicial review;
  422         requiring hearings to be scheduled immediately;
  423         requiring the clerk of the Division of Administrative
  424         Hearings to provide copies of petitions and
  425         individualized plans for continued services to the
  426         Department of Children and Families and other
  427         specified individuals; requiring the court or the
  428         administrative law judge to make certain
  429         determinations before waiving a patient’s attendance
  430         at a hearing for continued involuntary placement;
  431         authorizing an administrative law judge to issue an
  432         order for involuntary services if the patient meets
  433         certain criteria; amending s. 394.67, F.S.; revising
  434         the definition of “crisis services” to include a 988
  435         suicide and crisis lifeline call center and defining
  436         the term “988 suicide and crisis lifeline call
  437         center”; creating s. 394.9088, F.S.; requiring the
  438         Department of Children and Families to authorize and
  439         provide oversight of the 988 suicide and crisis
  440         lifeline call centers and adopt specified rules;
  441         amending s. 397.427, F.S.; removing requirements
  442         relating to providers of medication-assisted treatment
  443         services for opiate addiction; amending s. 916.111,
  444         F.S.; revising training requirements for mental health
  445         professionals; amending s. 916.115, F.S.; requiring
  446         court appointed experts to have completed specified
  447         training and continued education; amending s. 916.12,
  448         F.S.; providing requirements for an expert to
  449         determine acceptable treatments available in a
  450         community; amending ss. 394.674, 394.74, and 397.68141
  451         F.S.; conforming cross-references; providing an
  452         effective date.