Florida Senate - 2025 CS for CS for SB 1620
By the Committees on Fiscal Policy; and Children, Families, and
Elder Affairs; and Senator Rouson
594-03698-25 20251620c2
1 A bill to be entitled
2 An act relating to mental health and substance use
3 disorders; amending s. 394.457, F.S.; requiring the
4 Department of Children and Families to require certain
5 providers to use a specified assessment tool; revising
6 the minimum standards for a mobile crisis response
7 service; amending s. 394.459, F.S.; requiring
8 facilities to update treatment plans within specified
9 timeframes; amending s. 394.468, F.S.; revising
10 requirements for discharge planning regarding
11 medications; amending s. 394.495, F.S.; requiring use
12 of a specified assessment tool; providing an
13 exception; requiring the Department of Children and
14 Families, in consultation with the Department of
15 Education, to conduct a review biennially of school
16 based behavioral health access through telehealth;
17 providing requirements for review; requiring the
18 Department of Children and Families to submit its
19 findings to the Governor and the Legislature by a
20 specified date; providing for expiration of the
21 review; amending s. 394.659, F.S.; requiring the
22 Criminal Justice, Mental Health, and Substance Abuse
23 Technical Assistance Center at the Louis de la Parte
24 Florida Mental Health Institute at the University of
25 South Florida to disseminate among grantees certain
26 evidence-based practices and best practices; defining
27 the term “person-first language”; amending s. 394.875,
28 F.S.; requiring the Department of Children and
29 Families, in consultation with the Agency for Health
30 Care Administration, to conduct a review biennially to
31 identify needs regarding short-term residential
32 treatment facilities and beds; specifying actions the
33 department must take under certain conditions;
34 amending s. 394.9082, F.S.; requiring managing
35 entities to promote use of person-first language and
36 trauma-informed care and require use of a specified
37 assessment tool; amending s. 1004.44, F.S.; revising
38 the assistance and services the Louis de la Parte
39 Florida Mental Health Institute is required to
40 provide; revising the requirements of the Florida
41 Center for Behavioral Health Workforce to promote
42 behavioral health professions; creating the Center for
43 Substance Abuse and Mental Health Research within the
44 institute; specifying the purpose of the center;
45 specifying the goals of the center; specifying the
46 responsibilities of the center; requiring the center
47 to submit a report by a specified date each year to
48 the Governor and the Legislature; specifying the
49 contents of the report; amending s. 1006.041, F.S.;
50 revising the plan components for mental health
51 assistance programs; reenacting s. 394.463(2)(g),
52 F.S., relating to involuntary examination, to
53 incorporate the amendment made to s. 394.468, F.S., in
54 a reference thereto; reenacting s. 394.4955(2)(c) and
55 (6), F.S., relating to coordinated system of care and
56 child and adolescent mental health treatment and
57 support, to incorporate the amendment made to s.
58 394.495, F.S., in references thereto; reenacting s.
59 1001.212(7), F.S., relating to the Office of Safe
60 Schools, to incorporate the amendment made to s.
61 1004.44, F.S., in a reference thereto; providing an
62 effective date.
63
64 Be It Enacted by the Legislature of the State of Florida:
65
66 Section 1. Subsection (3) and paragraph (c) of subsection
67 (5) of section 394.457, Florida Statutes, are amended, and
68 paragraph (d) is added to subsection (5) of that section, to
69 read:
70 394.457 Operation and administration.—
71 (3) POWER TO CONTRACT.—The department may contract to
72 provide, and be provided with, services and facilities in order
73 to carry out its responsibilities under this part with the
74 following agencies: public and private hospitals; receiving and
75 treatment facilities; clinics; laboratories; departments,
76 divisions, and other units of state government; the state
77 colleges and universities; the community colleges; private
78 colleges and universities; counties, municipalities, and any
79 other governmental unit, including facilities of the United
80 States Government; and any other public or private entity which
81 provides or needs facilities or services. The department shall
82 require any provider directly under contract with the department
83 to use, at a minimum, the most recent version of the Daily
84 Living Activities-20 (DLA-20) functional assessment tool for any
85 patient requiring functional assessment, unless the department
86 specifies in rule the use of a different assessment tool. Baker
87 Act funds for community inpatient, crisis stabilization, short
88 term residential treatment, and screening services must be
89 allocated to each county pursuant to the department’s funding
90 allocation methodology. Notwithstanding s. 287.057(3)(e),
91 contracts for community-based Baker Act services for inpatient,
92 crisis stabilization, short-term residential treatment, and
93 screening provided under this part, other than those with other
94 units of government, to be provided for the department must be
95 awarded using competitive sealed bids if the county commission
96 of the county receiving the services makes a request to the
97 department’s district office by January 15 of the contracting
98 year. The district may not enter into a competitively bid
99 contract under this provision if such action will result in
100 increases of state or local expenditures for Baker Act services
101 within the district. Contracts for these Baker Act services
102 using competitive sealed bids are effective for 3 years. The
103 department shall adopt rules establishing minimum standards for
104 such contracted services and facilities and shall make periodic
105 audits and inspections to assure that the contracted services
106 are provided and meet the standards of the department.
107 (5) RULES.—
108 (c) The department shall adopt rules establishing minimum
109 standards for services provided by a mental health overlay
110 program or a mobile crisis response service. Minimum standards
111 for a mobile crisis response service must:
112 1. Include the requirements of the child, adolescent, and
113 young adult mobile response teams established under s.
114 394.495(7) and ensure coverage of all counties by these
115 specified teams; and
116 2. Specify any training or other requirements applicable to
117 a mobile crisis response service available to persons age 65 and
118 over to enable the service to meet the specialized needs of such
119 persons; and
120 3.2. Create a structure for general mobile response teams
121 which focuses on crisis diversion and the reduction of
122 involuntary commitment under this chapter. The structure must
123 require, but need not be limited to, the following:
124 a. Triage and rapid crisis intervention within 60 minutes;
125 b. Provision of and referral to evidence-based services
126 that are responsive to the needs of the individual and the
127 individual’s family;
128 c. Screening, assessment, early identification, and care
129 coordination; and
130 d. Confirmation that the individual who received the mobile
131 crisis response was connected to a service provider and
132 prescribed medications, if needed.
133 Section 2. Paragraph (e) of subsection (2) of section
134 394.459, Florida Statutes, is amended to read:
135 394.459 Rights of patients.—
136 (2) RIGHT TO TREATMENT.—
137 (e) Not more than 5 days after admission to a facility,
138 each patient must shall have and receive an individualized
139 treatment plan in writing which the patient has had an
140 opportunity to assist in preparing and to review before prior to
141 its implementation. The plan must shall include a space for the
142 patient’s comments. Facilities shall update the treatment plan,
143 including, but not limited to, the physician summary, at least
144 every 30 days during the time a patient is in a receiving or
145 treatment facility, except a patient retained for longer than 24
146 months shall have updates to his or her treatment plan at least
147 every 60 days.
148 Section 3. Subsection (2) of section 394.468, Florida
149 Statutes, is amended to read:
150 394.468 Admission and discharge procedures.—
151 (2) Discharge planning and procedures for any patient’s
152 release from a receiving facility or treatment facility must
153 include and document the patient’s needs, and actions to address
154 such needs, for, at a minimum:
155 (a) Followup Follow-up behavioral health appointments;
156 (b) Information on how to obtain prescribed medications,
157 including, but not limited to, administration of long-acting
158 injectable medications. The discharge plan must address any
159 barriers faced by the patient to accessing long-acting
160 injectable medications after discharge if such medication is
161 part of the patient’s plan; and
162 (c) Information pertaining to:
163 1. Available living arrangements;
164 2. Transportation; and
165 (d) Referral to:
166 1. Care coordination services. The patient must be referred
167 for care coordination services if the patient meets the criteria
168 as a member of a priority population as determined by the
169 department under s. 394.9082(3)(c) and is in need of such
170 services.
171 2. Recovery support opportunities under s. 394.4573(2)(l),
172 including, but not limited to, connection to a peer specialist;
173 and
174 (e) Administration of long-acting injectable medication
175 before discharge if such medication is available to treat the
176 patient’s diagnosed behavioral health condition and is
177 clinically appropriate for the patient.
178 Section 4. Subsections (2) and (5) of section 394.495,
179 Florida Statutes, are amended to read:
180 394.495 Child and adolescent mental health system of care;
181 programs and services.—
182 (2) The array of services must include assessment services
183 that provide a professional interpretation of the nature of the
184 problems of the child or adolescent and his or her family;
185 family issues that may impact the problems; additional factors
186 that contribute to the problems; and the assets, strengths, and
187 resources of the child or adolescent and his or her family. The
188 assessment services to be provided must shall be determined by
189 the clinical needs of each child or adolescent. Assessment tools
190 used must, at a minimum, include the use of the most recent
191 version of the Daily Living Activities-20 (DLA-20) functional
192 assessment tool, unless the department specifies in rule the use
193 of a different assessment tool. Assessment services include, but
194 are not limited to, evaluation and screening in the following
195 areas:
196 (a) Physical and mental health for purposes of identifying
197 medical and psychiatric problems.
198 (b) Psychological functioning, as determined through a
199 battery of psychological tests.
200 (c) Intelligence and academic achievement.
201 (d) Social and behavioral functioning.
202 (e) Family functioning.
203
204 The assessment for academic achievement is the financial
205 responsibility of the school district. The department shall
206 cooperate with other state agencies and the school district to
207 avoid duplicating assessment services.
208 (5) In order to enhance collaboration between agencies and
209 to facilitate the provision of services by the child and
210 adolescent mental health treatment and support system and the
211 school district:,
212 (a) The local child and adolescent mental health system of
213 care shall include the local educational multiagency network for
214 severely emotionally disturbed students specified in s. 1006.04.
215 (b) The department, in consultation with the Department of
216 Education, shall biennially review school-based behavioral
217 health access in the state through telehealth, with an emphasis
218 on underserved and rural communities. The review shall, at a
219 minimum, assess gaps in the provision of school-based behavioral
220 health services, the extent of use of telehealth for school
221 based behavioral health services, barriers to use and expansion
222 of such telehealth services, and recommendations to address
223 barriers and any implementation requirements. The review shall
224 also identify any new models for increasing school-based
225 behavioral health access. The Department of Children and
226 Families shall submit to the Governor, the President of the
227 Senate, and the Speaker of the House of Representatives its
228 findings by January 1, beginning in 2026. This subsection
229 expires June 30, 2030, unless reenacted by the Legislature.
230 Section 5. Paragraph (d) of subsection (1) of section
231 394.659, Florida Statutes, is amended to read:
232 394.659 Criminal Justice, Mental Health, and Substance
233 Abuse Technical Assistance Center.—
234 (1) There is created a Criminal Justice, Mental Health, and
235 Substance Abuse Technical Assistance Center at the Louis de la
236 Parte Florida Mental Health Institute at the University of South
237 Florida, which shall:
238 (d) Disseminate and share evidence-based practices and best
239 practices among grantees, including, but not limited to, the use
240 of person-first language and trauma-responsive care, to improve
241 patient experiences and outcomes of individuals with behavioral
242 health conditions and encourage cooperative engagement with such
243 individuals. For purposes of this paragraph, the term “person
244 first language” means language used which emphasizes the
245 individual as a person rather than the individual’s disability,
246 illness, or condition.
247 Section 6. Subsection (11) is added to section 394.875,
248 Florida Statutes, and paragraph (c) of subsection (1) and
249 paragraph (a) of subsection (8) of that section are republished,
250 to read:
251 394.875 Crisis stabilization units, residential treatment
252 facilities, and residential treatment centers for children and
253 adolescents; authorized services; license required.—
254 (1)
255 (c) The purpose of a residential treatment center for
256 children and adolescents is to provide mental health assessment
257 and treatment services pursuant to ss. 394.491, 394.495, and
258 394.496 to children and adolescents who meet the target
259 population criteria specified in s. 394.493(1)(a), (b), or (c).
260 (8)(a) The department, in consultation with the agency,
261 must adopt rules governing a residential treatment center for
262 children and adolescents which specify licensure standards for:
263 admission; length of stay; program and staffing; discharge and
264 discharge planning; treatment planning; seclusion, restraints,
265 and time-out; rights of patients under s. 394.459; use of
266 psychotropic medications; and standards for the operation of
267 such centers.
268 (11) The department, in consultation with the agency, shall
269 biennially conduct a review to identify the need for new short
270 term residential treatment facilities and additional beds in
271 existing short-term residential treatment facilities. If
272 additional funding is necessary to address such need, the
273 department shall submit a legislative budget request for such
274 funding. If the department can address the need within existing
275 resources, the department shall take action to do so.
276 Section 7. Paragraphs (v) and (w) are added to subsection
277 (5) of section 394.9082, Florida Statutes, to read:
278 394.9082 Behavioral health managing entities.—
279 (5) MANAGING ENTITY DUTIES.—A managing entity shall:
280 (v) Promote the use of person-first language and trauma
281 informed responsive care among providers, peer organizations,
282 and family members, including, but not limited to, through
283 training and sharing best practices. For purposes of this
284 paragraph, the term “person-first language” means language used
285 which emphasizes the patient as a person rather than that
286 patient’s disability, illness, or condition.
287 (w) Require use of the most recent version of the Daily
288 Living Activities-20 (DLA-20) functional assessment tool by all
289 providers under contract with the managing entity, unless the
290 department specifies in rule the use of a different assessment
291 tool.
292 Section 8. Paragraph (a) of subsection (6) of section
293 1004.44, Florida Statutes, is amended, and paragraph (h) of
294 subsection (1) and subsection (8) are added to that section, to
295 read:
296 1004.44 Louis de la Parte Florida Mental Health Institute.
297 There is established the Louis de la Parte Florida Mental Health
298 Institute within the University of South Florida.
299 (1) The purpose of the institute is to strengthen mental
300 health services throughout the state by providing technical
301 assistance and support services to mental health agencies and
302 mental health professionals. Such assistance and services shall
303 include:
304 (h) Submission of a report analyzing substance abuse and
305 mental health services provided in the state through publicly
306 funded programs, including Medicare. The review shall, at a
307 minimum, identify services covered by such programs, assess
308 quality of care and cost management, and identify services for
309 which additional providers are needed in the state. The
310 institute shall submit the report to the Governor, President of
311 the Senate, and Speaker of the House of Representatives by June
312 30, 2026.
313 (6)(a) There is established within the institute the
314 Florida Center for Behavioral Health Workforce. The purpose of
315 the center is to support an adequate, highly skilled, resilient,
316 and innovative workforce that meets the current and future human
317 resources needs of the state’s behavioral health system in order
318 to provide high-quality care, services, and supports to
319 Floridians with, or at risk of developing, behavioral health
320 conditions through original research, policy analysis,
321 evaluation, and development and dissemination of best practices.
322 The goals of the center are, at a minimum, to research the
323 state’s current behavioral health workforce and future needs;
324 expand the number of clinicians, professionals, and other
325 workers involved in the behavioral health workforce; and enhance
326 the skill level and innovativeness of the workforce. The center
327 shall, at a minimum, do all of the following:
328 1. Describe and analyze the current workforce and project
329 possible future workforce demand, especially in critical roles,
330 and develop strategies for addressing any gaps. The center’s
331 efforts may include, but need not be limited to, producing a
332 statistically valid biennial analysis of the supply and demand
333 of the behavioral health workforce.
334 2. Expand pathways to behavioral health professions through
335 enhanced educational opportunities and improved faculty
336 development and retention. The center’s efforts may include, but
337 need not be limited to:
338 a. Identifying best practices in the academic preparation
339 and continuing education of behavioral health professionals.
340 b. Facilitating and coordinating the development of
341 academic-practice partnerships that support behavioral health
342 faculty employment and advancement.
343 c. Developing and implementing innovative projects to
344 support the recruitment, development, and retention of
345 behavioral health educators, faculty, and clinical preceptors.
346 d. Developing distance learning infrastructure for
347 behavioral health education and the evidence-based use of
348 technology, simulation, and distance learning techniques.
349 3. Promote behavioral health professions. The center’s
350 efforts may include, but need not be limited to:
351 a. Conducting original research on the factors affecting
352 recruitment, retention, and advancement of the behavioral health
353 workforce, such as designing and implementing a longitudinal
354 study of the state’s behavioral health workforce.
355 b. Developing and implementing innovative projects to
356 support the recruitment, development, and retention of
357 behavioral health workers, including, but not limited to,
358 projects to provide additional stipends, compensation, and
359 financial support for clinical supervisors, workers, interns,
360 and students currently working in the behavioral health field.
361 4. Request from the Board of Clinical Social Work, Marriage
362 and Family Therapy, and Mental Health Counseling, and the board
363 must provide to the center upon its request, any information
364 held by the board regarding the clinical social work, marriage
365 and family therapy, and mental health counselors licensed in
366 this state or information reported to the board by employers of
367 such counselors, other than personal identifying information.
368 (8)(a) There is created within the institute the Center for
369 Substance Abuse and Mental Health Research. The purpose of the
370 center is to conduct rigorous and relevant research intended to
371 develop knowledge and practice in prevention and intervention
372 for substance abuse and mental health issues, to serve the
373 people and economy in this state in reducing the gap between
374 population needs and the availability of effective treatments
375 and other interventions to improve the capacity of the state to
376 have healthy, resilient communities prevailing over substance
377 abuse, addiction, and mental health challenges.
378 (b) The goals of the center are, at a minimum, to advance
379 the scientific understanding of the relationship between
380 substance abuse and mental health issues, to improve treatment
381 outcomes, and to reduce the societal impact and burden of
382 substance abuse and mental health conditions. The center shall,
383 at a minimum, do all of the following:
384 1. Analyze publicly funded substance abuse and mental
385 health services to identify gaps in insurance coverage, monitor
386 quality of care and cost management, and enhance provider
387 networks by identifying gaps in service provision by type and
388 geographic location.
389 2. Research and study the complex relationship between
390 substance abuse and mental health disorders, including analyzing
391 how substances may contribute to the onset of mental health
392 conditions, how those conditions can lead to substance abuse,
393 and how both can interact to create and worsen negative
394 outcomes, such as violence, infectious disease, suicide, and
395 overdose. The center must also study the range, distribution,
396 and concentration of such negative outcomes.
397 3. Develop and test strategies to prevent the development
398 of both substance use and mental health disorders, including
399 early risk factor identification and interventions designed for
400 at-risk populations, specifically in rural settings, where
401 resources may be limited and integrated care is essential.
402 4. Conduct research on alternative, low-cost strategies for
403 prevention and early intervention.
404 5. Conduct outcomes and implementation research on
405 optimizing application of technology for efficient and effective
406 dissemination of evidence-based treatment across this state,
407 with specific attention to rural and other low-resource areas,
408 using telehealth, mobile device remote monitoring, delivery of
409 patient-specific prompts via technology platforms for self
410 management, and other aspects of care.
411 6. Investigate and improve treatment options for
412 individuals suffering from co-occurring substance use and mental
413 health disorders, including developing integrated treatment
414 programs that address both issues simultaneously.
415 7. Generate evidence-based data to inform public policy and
416 promote substance use disorder services and mental health
417 disorder services.
418 8. Develop community-based sharing agreements, local
419 infrastructure, and methodologies to encourage data-informed
420 decisionmaking to encourage economic efficiency and targeted
421 service delivery.
422 9. Develop and provide training for health care
423 professionals, social workers, counselors, and researchers on
424 the latest findings related to substance abuse and mental
425 health, fostering a workforce capable of providing effective
426 care.
427 10. Articulate methods to align and adapt training
428 approaches for delivering evidence-based practices to locally
429 identified needs, including implementing evidence-based training
430 and tools at community health centers to improve identification
431 of mental health and substance use disorders and create plans
432 for referral and continuity of care.
433 11. Collaborate with community organizations to offer
434 resources and education about substance use and mental health to
435 reduce stigma and raise awareness.
436 (c) By July 1 of each year, the center shall submit a
437 report to the Governor, the President of the Senate, and the
438 Speaker of the House of Representatives providing details of its
439 activities during the preceding calendar year in pursuit of its
440 goals and in the execution of its duties under paragraph (b).
441 Section 9. Subsection (2) of section 1006.041, Florida
442 Statutes, is amended to read:
443 1006.041 Mental health assistance program.—Each school
444 district must implement a school-based mental health assistance
445 program that includes training classroom teachers and other
446 school staff in detecting and responding to mental health issues
447 and connecting children, youth, and families who may experience
448 behavioral health issues with appropriate services.
449 (2) A plan required under subsection (1) must be focused on
450 a multitiered system of supports to deliver evidence-based
451 mental health care assessment, diagnosis, intervention,
452 treatment, and recovery services to students with one or more
453 mental health or co-occurring substance abuse diagnoses and to
454 students at high risk of such diagnoses. Assessment procedures
455 must, at a minimum, include the use of the most recent version
456 of the Daily Living Activities-20 (DLA-20) functional assessment
457 tool, unless the department specifies in rule the use of a
458 different assessment tool. The department shall consult with the
459 Department of Children and Families before adopting rules
460 regarding use of a different assessment tool. The provision of
461 these services must be coordinated with a student’s primary
462 mental health care provider and with other mental health
463 providers involved in the student’s care. At a minimum, the plan
464 must include all of the following components:
465 (a) Direct employment of school-based mental health
466 services providers to expand and enhance school-based student
467 services and to reduce the ratio of students to staff in order
468 to better align with nationally recommended ratio models. The
469 providers shall include, but are not limited to, certified
470 school counselors, school psychologists, school social workers,
471 and other licensed mental health professionals. The plan must
472 also identify strategies to increase the amount of time that
473 school-based student services personnel spend providing direct
474 services to students, which may include the review and revision
475 of district staffing resource allocations based on school or
476 student mental health assistance needs.
477 (b) Contracts or interagency agreements with one or more
478 local community behavioral health providers or providers of
479 Community Action Team services to provide a behavioral health
480 staff presence and services at district schools. Services may
481 include, but are not limited to, mental health screenings and
482 assessments, individual counseling, family counseling, group
483 counseling, psychiatric or psychological services, trauma
484 informed care, mobile crisis services, and behavior
485 modification. These behavioral health services may be provided
486 on or off the school campus and may be supplemented by
487 telehealth as defined in s. 456.47(1).
488 (c) Policies and procedures, including contracts with
489 service providers, which will ensure that:
490 1. Students referred to a school-based or community-based
491 mental health service provider for mental health screening for
492 the identification of mental health concerns and students at
493 risk for mental health disorders are assessed within 15 days
494 after referral. School-based mental health services must be
495 initiated within 15 days after identification and assessment,
496 and support by community-based mental health service providers
497 for students who are referred for community-based mental health
498 services must be initiated within 30 days after the school or
499 district makes a referral.
500 2. Parents of a student receiving services under this
501 subsection are provided information about other behavioral
502 health services available through the student’s school or local
503 community-based behavioral health services providers. A school
504 may meet this requirement by providing information about and
505 Internet addresses for web-based directories or guides for local
506 behavioral health services.
507 3. Individuals living in a household with a student
508 receiving services under this subsection are provided
509 information about behavioral health services available through
510 other delivery systems or payors for which such individuals may
511 qualify, if such services appear to be needed or enhancements in
512 such individuals’ behavioral health would contribute to the
513 improved well-being of the student.
514 (d) Strategies or programs to reduce the likelihood of at
515 risk students developing social, emotional, or behavioral health
516 problems; depression; anxiety disorders; suicidal tendencies; or
517 substance use disorders.
518 (e) Strategies to improve the early identification of
519 social, emotional, or behavioral problems or substance use
520 disorders; to improve the provision of early intervention
521 services; and to assist students in dealing with trauma and
522 violence.
523 (f) Procedures to assist a mental health services provider
524 or a behavioral health provider as described in paragraph (a) or
525 paragraph (b), respectively, or a school resource officer or
526 school safety officer who has completed mental health crisis
527 intervention training in attempting to verbally de-escalate a
528 student’s crisis situation before initiating an involuntary
529 examination pursuant to s. 394.463. Such procedures must include
530 strategies to de-escalate a crisis situation for a student with
531 a developmental disability as defined in s. 393.063.
532 (g) Policies of the school district which must require that
533 in a student crisis situation, school or law enforcement
534 personnel must make a reasonable attempt to contact a mental
535 health professional who may initiate an involuntary examination
536 pursuant to s. 394.463, unless the child poses an imminent
537 danger to themselves or others, before initiating an involuntary
538 examination pursuant to s. 394.463. Such contact may be in
539 person or through telehealth. The mental health professional may
540 be available to the school district either by a contract or
541 interagency agreement with the managing entity, one or more
542 local community-based behavioral health providers, or the local
543 mobile response team, or be a direct or contracted school
544 district employee.
545 Section 10. For the purpose of incorporating the amendment
546 made by this act to section 394.468, Florida Statutes, in a
547 reference thereto, paragraph (g) of subsection (2) of section
548 394.463, Florida Statutes, is reenacted to read:
549 394.463 Involuntary examination.—
550 (2) INVOLUNTARY EXAMINATION.—
551 (g) The examination period must be for up to 72 hours and
552 begins when a patient arrives at the receiving facility. For a
553 minor, the examination shall be initiated within 12 hours after
554 the patient’s arrival at the facility. Within the examination
555 period, one of the following actions must be taken, based on the
556 individual needs of the patient:
557 1. The patient shall be released, unless he or she is
558 charged with a crime, in which case the patient shall be
559 returned to the custody of a law enforcement officer;
560 2. The patient shall be released, subject to subparagraph
561 1., for voluntary outpatient treatment;
562 3. The patient, unless he or she is charged with a crime,
563 shall be asked to give express and informed consent to placement
564 as a voluntary patient and, if such consent is given, the
565 patient shall be admitted as a voluntary patient; or
566 4. A petition for involuntary services shall be filed in
567 the circuit court or with the county court, as applicable. When
568 inpatient treatment is deemed necessary, the least restrictive
569 treatment consistent with the optimum improvement of the
570 patient’s condition shall be made available. The petition shall
571 be filed by one of the petitioners specified in s. 394.467, and
572 the court shall dismiss an untimely filed petition. If a
573 patient’s 72-hour examination period ends on a weekend or
574 holiday, including the hours before the ordinary business hours
575 on the morning of the next working day, and the receiving
576 facility:
577 a. Intends to file a petition for involuntary services,
578 such patient may be held at the facility through the next
579 working day thereafter and the petition must be filed no later
580 than such date. If the facility fails to file the petition by
581 the ordinary close of business on the next working day, the
582 patient shall be released from the receiving facility following
583 approval pursuant to paragraph (f).
584 b. Does not intend to file a petition for involuntary
585 services, the receiving facility may postpone release of a
586 patient until the next working day thereafter only if a
587 qualified professional documents that adequate discharge
588 planning and procedures in accordance with s. 394.468, and
589 approval pursuant to paragraph (f), are not possible until the
590 next working day.
591 Section 11. For the purpose of incorporating the amendment
592 made by this act to section 394.495, Florida Statutes, in
593 references thereto, paragraph (c) of subsection (2) and
594 subsection (6) of section 394.4955, Florida Statutes, are
595 reenacted to read:
596 394.4955 Coordinated system of care; child and adolescent
597 mental health treatment and support.—
598 (2)
599 (c) To the extent permitted by available resources, the
600 coordinated system of care shall include the array of services
601 listed in s. 394.495.
602 (6) The managing entity shall identify gaps in the arrays
603 of services for children and adolescents listed in s. 394.495
604 available under each plan and include relevant information in
605 its annual needs assessment required by s. 394.9082.
606 Section 12. For the purpose of incorporating the amendment
607 made by this act to section 1004.44, Florida Statutes, in a
608 reference thereto, subsection (7) of section 1001.212, Florida
609 Statutes, is reenacted to read:
610 1001.212 Office of Safe Schools.—There is created in the
611 Department of Education the Office of Safe Schools. The office
612 is fully accountable to the Commissioner of Education. The
613 office shall serve as a central repository for best practices,
614 training standards, and compliance oversight in all matters
615 regarding school safety and security, including prevention
616 efforts, intervention efforts, and emergency preparedness
617 planning. The office shall:
618 (7) Provide data to support the evaluation of mental health
619 services pursuant to s. 1004.44. Such data must include, for
620 each school, the number of involuntary examinations as defined
621 in s. 394.455 which are initiated at the school, on school
622 transportation, or at a school-sponsored activity and the number
623 of children for whom an examination is initiated.
624 Section 13. This act shall take effect July 1, 2025.