Florida Senate - 2025 SB 1240
By Senator Calatayud
38-00785A-25 20251240__
1 A bill to be entitled
2 An act relating to substance abuse and mental health
3 care; amending s. 394.4573, F.S.; expanding mental
4 health crisis services to include the 988 suicide and
5 crisis lifeline call center; amending s. 394.67, F.S.;
6 revising the definition of “crisis services” to
7 include a 988 suicide and crisis lifeline call center
8 and defining the term “988 suicide and crisis lifeline
9 call center”; creating s. 394.9088, F.S.; requiring
10 the Department of Children and Families to authorize
11 and provide oversight of the 988 suicide and crisis
12 lifeline call centers and adopt specified rules;
13 amending s. 397.427, F.S.; removing requirements
14 relating to providers of medication-assisted treatment
15 services for opiate addiction; amending s. 916.111,
16 F.S.; revising training requirements for mental health
17 professionals; amending s. 916.115, F.S.; requiring
18 court appointed experts to have completed specified
19 training and continued education; amending s. 916.12,
20 F.S.; providing requirements for an expert to
21 determine acceptable treatments available in a
22 community; amending ss. 394.674 and 394.74, F.S.;
23 conforming cross-references; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraph (d) of subsection (2) of section
29 394.4573, Florida Statutes, is amended to read:
30 394.4573 Coordinated system of care; annual assessment;
31 essential elements; measures of performance; system improvement
32 grants; reports.—On or before December 1 of each year, the
33 department shall submit to the Governor, the President of the
34 Senate, and the Speaker of the House of Representatives an
35 assessment of the behavioral health services in this state. The
36 assessment shall consider, at a minimum, the extent to which
37 designated receiving systems function as no-wrong-door models,
38 the availability of treatment and recovery services that use
39 recovery-oriented and peer-involved approaches, the availability
40 of less-restrictive services, and the use of evidence-informed
41 practices. The assessment shall also consider the availability
42 of and access to coordinated specialty care programs and
43 identify any gaps in the availability of and access to such
44 programs in the state. The department’s assessment shall
45 consider, at a minimum, the needs assessments conducted by the
46 managing entities pursuant to s. 394.9082(5). The department
47 shall compile and include in the report all plans submitted by
48 managing entities pursuant to s. 394.9082(8) and the
49 department’s evaluation of each plan.
50 (2) The essential elements of a coordinated system of care
51 include:
52 (d) Crisis services, including the 988 suicide and crisis
53 lifeline call center, mobile response teams, crisis
54 stabilization units, addiction receiving facilities, and
55 detoxification facilities.
56 Section 2. Subsections (1) through (25) of section 394.67,
57 Florida Statutes, are renumbered as subsections (2) through
58 (26), respectively, subsection (4) is amended, and a new
59 subsection (1) is added to that section, to read:
60 394.67 Definitions.—As used in this part, the term:
61 (1) “988 suicide and crisis lifeline call center” means a
62 call center meeting national accreditation and recognized by the
63 department to receive 988 calls, texts, or other forms of
64 communication in this state.
65 (4) “Crisis services” means short-term evaluation,
66 stabilization, and brief intervention services provided to a
67 person who is experiencing an acute mental or emotional crisis,
68 as defined in subsection (19) (18), or an acute substance abuse
69 crisis, as defined in subsection (20) (19), to prevent further
70 deterioration of the person’s mental health. Crisis services are
71 provided in settings such as a crisis stabilization unit, an
72 inpatient unit, a short-term residential treatment program, a
73 detoxification facility, or an addictions receiving facility; at
74 the site of the crisis by a mobile crisis response team; or at a
75 hospital on an outpatient basis; or telephonically by a 988
76 suicide and crisis lifeline call center.
77 Section 3. Section 394.9088, Florida Statutes, is created
78 to read:
79 394.9088 988 suicide and crisis lifeline call center.—
80 (1) The department shall authorize and provide oversight to
81 988 suicide and crisis lifeline call centers. Unless authorized
82 by the department, call centers are not permitted to conduct 988
83 suicide and crisis lifeline services. The department may
84 implement a corrective action plan, suspension or revocation of
85 authorization for failure to comply with this section and rules
86 adopted under this section.
87 (2) The department shall adopt rules relating to:
88 (a) The process for authorization of 988 suicide and crisis
89 lifeline call centers.
90 (b) Minimum standards for 988 suicide and crisis lifeline
91 call centers to be authorized, including but not limited to,
92 service delivery, quality of care, and performance outcomes.
93 (c) The adequacy and consistency of 988 suicide and crisis
94 lifeline call centers’ personnel certifications, accreditations,
95 quality assurance standards, and minimum training standards.
96 (d) Implementation of a cohesive statewide plan for 988
97 suicide and crisis lifeline call centers to achieve statewide
98 interoperability with the 911 system and to provide individuals
99 with rapid and direct access to the appropriate care.
100 Section 4. Subsections (3) through (9) of section 397.427,
101 Florida Statutes, are renumbered as subsections (2) through (8),
102 respectively, and present subsections (2) and (5) are amended,
103 to read:
104 397.427 Medication-assisted treatment service providers;
105 rehabilitation program; needs assessment and provision of
106 services; persons authorized to issue takeout medication;
107 unlawful operation; penalty.—
108 (2) The department shall determine the need for
109 establishing providers of medication-assisted treatment services
110 for opiate addiction.
111 (a) Providers of medication-assisted treatment services for
112 opiate addiction may be established only in response to the
113 department’s determination and publication of need for
114 additional medication treatment services.
115 (b) If needs assessment is required, the department shall
116 annually conduct the assessment and publish a statement of
117 findings which identifies each substate entity’s need.
118 (c) Notwithstanding paragraphs (a) and (b), the license for
119 medication-assisted treatment programs for opiate addiction
120 licensed before October 1, 1990, may not be revoked solely
121 because of the department’s determination concerning the need
122 for medication-assisted treatment services for opiate addiction.
123 (4)(5) The department shall also determine the need for
124 establishing medication-assisted treatment for substance use
125 disorders other than opiate dependence. Service providers within
126 the publicly funded system shall be funded for provision of
127 these services based on the availability of funds.
128 Section 5. Paragraph (c) of subsection (1) of section
129 916.111, Florida Statutes, is amended to read:
130 916.111 Training of mental health experts.—The evaluation
131 of defendants for competency to proceed or for sanity at the
132 time of the commission of the offense shall be conducted in such
133 a way as to ensure uniform application of the criteria
134 enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
135 Procedure. The department shall develop, and may contract with
136 accredited institutions:
137 (1) To provide:
138 (c) Training for mental health professionals in the
139 application of these protocols and procedures in performing
140 forensic evaluations and providing reports to the courts.
141 Training must include, but is not limited to, information on
142 statutes and rules related to competency restoration, evidence
143 based practices, least restrictive treatment alternatives and
144 placement options as described in s. 916.12(4)(c); and
145 Section 6. Subsection (1) of section 916.115, Florida
146 Statutes, is amended to read:
147 916.115 Appointment of experts.—
148 (1) The court shall appoint no more than three experts to
149 determine the mental condition of a defendant in a criminal
150 case, including competency to proceed, insanity, involuntary
151 placement, and treatment. The experts may evaluate the defendant
152 in jail or in another appropriate local facility or in a
153 facility of the Department of Corrections.
154 (a) The court To the extent possible, The appointed experts
155 shall:
156 1. have completed forensic evaluator training approved by
157 the department, and each shall Be a psychiatrist, licensed
158 psychologist, or physician.
159 2. Have completed initial and ongoing forensic evaluator
160 training, provided by the department.
161 3. If performing juvenile evaluations, complete annually,
162 juvenile forensic competency evaluation training approved by the
163 department.
164 (b) Existing evaluators shall complete department-provided
165 continuing education training by July 1, 2026, to remain active
166 on the list.
167 (c)(b) The department shall maintain and annually provide
168 the courts with a list of available mental health professionals
169 who have completed the initial and annual approved training as
170 experts.
171 Section 7. Paragraph (d) of subsection (4) of section
172 916.12, Florida Statutes, is amended to read:
173 916.12 Mental competence to proceed.—
174 (4) If an expert finds that the defendant is incompetent to
175 proceed, the expert shall report on any recommended treatment
176 for the defendant to attain competence to proceed. In
177 considering the issues relating to treatment, the examining
178 expert shall specifically report on:
179 (d) The availability of acceptable treatment and, if
180 treatment is available in the community, the expert shall so
181 state in the report. In determining what acceptable treatments
182 are available in the community, the expert shall, at a minimum,
183 use current information or resources on less restrictive
184 treatment alternatives, as described in paragraph (c) and those
185 obtained from training and continuing education approved by the
186 department.
187
188 The examining expert’s report to the court shall include a full
189 and detailed explanation regarding why the alternative treatment
190 options referenced in the evaluation are insufficient to meet
191 the needs of the defendant.
192 Section 8. Paragraph (a) of subsection (1) of section
193 394.674, Florida Statutes, is amended to read:
194 394.674 Eligibility for publicly funded substance abuse and
195 mental health services; fee collection requirements.—
196 (1) To be eligible to receive substance abuse and mental
197 health services funded by the department, an individual must be
198 a member of at least one of the department’s priority
199 populations approved by the Legislature. The priority
200 populations include:
201 (a) For adult mental health services:
202 1. Adults who have severe and persistent mental illness, as
203 designated by the department using criteria that include
204 severity of diagnosis, duration of the mental illness, ability
205 to independently perform activities of daily living, and receipt
206 of disability income for a psychiatric condition. Included
207 within this group are:
208 a. Older adults in crisis.
209 b. Older adults who are at risk of being placed in a more
210 restrictive environment because of their mental illness.
211 c. Persons deemed incompetent to proceed or not guilty by
212 reason of insanity under chapter 916.
213 d. Other persons involved in the criminal justice system.
214 e. Persons diagnosed as having co-occurring mental illness
215 and substance abuse disorders.
216 2. Persons who are experiencing an acute mental or
217 emotional crisis as defined in s. 394.67 s. 394.67(18).
218 Section 9. Paragraph (a) of subsection (3) of section
219 394.74, Florida Statutes, is amended to read:
220 394.74 Contracts for provision of local substance abuse and
221 mental health programs.—
222 (3) Contracts shall include, but are not limited to:
223 (a) A provision that, within the limits of available
224 resources, substance abuse and mental health crisis services, as
225 defined in s. 394.67 s. 394.67(4), shall be available to any
226 individual residing or employed within the service area,
227 regardless of ability to pay for such services, current or past
228 health condition, or any other factor;
229 Section 10. This act shall take effect July 1, 2025.