CS for CS for SB 1620 First Engrossed
20251620e1
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 Senator
43 Darryl E. Rouson Center for Substance Abuse and Mental
44 Health Research within the institute; specifying the
45 purpose of the center; specifying the goals of the
46 center; specifying the responsibilities of the center;
47 requiring the center to submit a report by a specified
48 date each year to the Governor and the Legislature;
49 specifying the contents of the report; amending s.
50 1006.041, F.S.; revising the plan components for
51 mental health assistance programs; reenacting s.
52 394.463(2)(g), F.S., relating to involuntary
53 examination, to incorporate the amendment made to s.
54 394.468, F.S., in a reference thereto; reenacting s.
55 394.4955(2)(c) and (6), F.S., relating to coordinated
56 system of care and child and adolescent mental health
57 treatment and support, to incorporate the amendment
58 made to s. 394.495, F.S., in references thereto;
59 reenacting s. 1001.212(7), F.S., relating to the
60 Office of Safe Schools, to incorporate the amendment
61 made to s. 1004.44, F.S., in a reference thereto;
62 providing an 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 to read:
68 394.457 Operation and administration.—
69 (3) POWER TO CONTRACT.—The department may contract to
70 provide, and be provided with, services and facilities in order
71 to carry out its responsibilities under this part with the
72 following agencies: public and private hospitals; receiving and
73 treatment facilities; clinics; laboratories; departments,
74 divisions, and other units of state government; the state
75 colleges and universities; the community colleges; private
76 colleges and universities; counties, municipalities, and any
77 other governmental unit, including facilities of the United
78 States Government; and any other public or private entity which
79 provides or needs facilities or services. The department shall
80 require any provider directly under contract with the department
81 to use, at a minimum, the most recent version of the Daily
82 Living Activities-20 (DLA-20) functional assessment tool for any
83 patient requiring functional assessment, unless the department
84 specifies in rule the use of a different assessment tool. Baker
85 Act funds for community inpatient, crisis stabilization, short
86 term residential treatment, and screening services must be
87 allocated to each county pursuant to the department’s funding
88 allocation methodology. Notwithstanding s. 287.057(3)(e),
89 contracts for community-based Baker Act services for inpatient,
90 crisis stabilization, short-term residential treatment, and
91 screening provided under this part, other than those with other
92 units of government, to be provided for the department must be
93 awarded using competitive sealed bids if the county commission
94 of the county receiving the services makes a request to the
95 department’s district office by January 15 of the contracting
96 year. The district may not enter into a competitively bid
97 contract under this provision if such action will result in
98 increases of state or local expenditures for Baker Act services
99 within the district. Contracts for these Baker Act services
100 using competitive sealed bids are effective for 3 years. The
101 department shall adopt rules establishing minimum standards for
102 such contracted services and facilities and shall make periodic
103 audits and inspections to assure that the contracted services
104 are provided and meet the standards of the department.
105 (5) RULES.—
106 (c) The department shall adopt rules establishing minimum
107 standards for services provided by a mental health overlay
108 program or a mobile crisis response service. Minimum standards
109 for a mobile crisis response service must:
110 1. Include the requirements of the child, adolescent, and
111 young adult mobile response teams established under s.
112 394.495(7) and ensure coverage of all counties by these
113 specified teams; and
114 2. Specify any training or other requirements applicable to
115 a mobile crisis response service available to persons age 65 and
116 over to enable the service to meet the specialized needs of such
117 persons; and
118 3.2. Create a structure for general mobile response teams
119 which focuses on crisis diversion and the reduction of
120 involuntary commitment under this chapter. The structure must
121 require, but need not be limited to, the following:
122 a. Triage and rapid crisis intervention within 60 minutes;
123 b. Provision of and referral to evidence-based services
124 that are responsive to the needs of the individual and the
125 individual’s family;
126 c. Screening, assessment, early identification, and care
127 coordination; and
128 d. Confirmation that the individual who received the mobile
129 crisis response was connected to a service provider and
130 prescribed medications, if needed.
131 Section 2. Paragraph (e) of subsection (2) of section
132 394.459, Florida Statutes, is amended to read:
133 394.459 Rights of patients.—
134 (2) RIGHT TO TREATMENT.—
135 (e) Not more than 5 days after admission to a facility,
136 each patient must shall have and receive an individualized
137 treatment plan in writing which the patient has had an
138 opportunity to assist in preparing and to review before prior to
139 its implementation. The plan must shall include a space for the
140 patient’s comments. Facilities shall update the treatment plan,
141 including, but not limited to, the physician summary, at least
142 every 30 days during the time a patient is in a receiving or
143 treatment facility, except a patient retained for longer than 24
144 months shall have updates to his or her treatment plan at least
145 every 60 days.
146 Section 3. Subsection (2) of section 394.468, Florida
147 Statutes, is amended to read:
148 394.468 Admission and discharge procedures.—
149 (2) Discharge planning and procedures for any patient’s
150 release from a receiving facility or treatment facility must
151 include and document the patient’s needs, and actions to address
152 such needs, for, at a minimum:
153 (a) Followup Follow-up behavioral health appointments;
154 (b) Information on how to obtain prescribed medications,
155 including, but not limited to, administration of long-acting
156 injectable medications. The discharge plan must address any
157 barriers faced by the patient to accessing long-acting
158 injectable medications after discharge if such medication is
159 part of the patient’s plan; and
160 (c) Information pertaining to:
161 1. Available living arrangements;
162 2. Transportation; and
163 (d) Referral to:
164 1. Care coordination services. The patient must be referred
165 for care coordination services if the patient meets the criteria
166 as a member of a priority population as determined by the
167 department under s. 394.9082(3)(c) and is in need of such
168 services.
169 2. Recovery support opportunities under s. 394.4573(2)(l),
170 including, but not limited to, connection to a peer specialist;
171 and
172 (e) Administration of long-acting injectable medication
173 before discharge if such medication is available to treat the
174 patient’s diagnosed behavioral health condition and is
175 clinically appropriate for the patient.
176 Section 4. Subsections (2) and (5) of section 394.495,
177 Florida Statutes, are amended to read:
178 394.495 Child and adolescent mental health system of care;
179 programs and services.—
180 (2) The array of services must include assessment services
181 that provide a professional interpretation of the nature of the
182 problems of the child or adolescent and his or her family;
183 family issues that may impact the problems; additional factors
184 that contribute to the problems; and the assets, strengths, and
185 resources of the child or adolescent and his or her family. The
186 assessment services to be provided must shall be determined by
187 the clinical needs of each child or adolescent. Assessment tools
188 used must, at a minimum, include the use of the most recent
189 version of the Daily Living Activities-20 (DLA-20) functional
190 assessment tool, unless the department specifies in rule the use
191 of a different assessment tool. Assessment services include, but
192 are not limited to, evaluation and screening in the following
193 areas:
194 (a) Physical and mental health for purposes of identifying
195 medical and psychiatric problems.
196 (b) Psychological functioning, as determined through a
197 battery of psychological tests.
198 (c) Intelligence and academic achievement.
199 (d) Social and behavioral functioning.
200 (e) Family functioning.
201
202 The assessment for academic achievement is the financial
203 responsibility of the school district. The department shall
204 cooperate with other state agencies and the school district to
205 avoid duplicating assessment services.
206 (5) In order to enhance collaboration between agencies and
207 to facilitate the provision of services by the child and
208 adolescent mental health treatment and support system and the
209 school district:,
210 (a) The local child and adolescent mental health system of
211 care shall include the local educational multiagency network for
212 severely emotionally disturbed students specified in s. 1006.04.
213 (b) The department, in consultation with the Department of
214 Education, shall biennially review school-based behavioral
215 health access in the state through telehealth, with an emphasis
216 on underserved and rural communities. The review shall, at a
217 minimum, assess gaps in the provision of school-based behavioral
218 health services, the extent of use of telehealth for school
219 based behavioral health services, barriers to use and expansion
220 of such telehealth services, and recommendations to address
221 barriers and any implementation requirements. The review shall
222 also identify any new models for increasing school-based
223 behavioral health access. The Department of Children and
224 Families shall submit to the Governor, the President of the
225 Senate, and the Speaker of the House of Representatives its
226 findings by January 1, beginning in 2026. This subsection
227 expires June 30, 2030, unless reenacted by the Legislature.
228 Section 5. Paragraph (d) of subsection (1) of section
229 394.659, Florida Statutes, is amended to read:
230 394.659 Criminal Justice, Mental Health, and Substance
231 Abuse Technical Assistance Center.—
232 (1) There is created a Criminal Justice, Mental Health, and
233 Substance Abuse Technical Assistance Center at the Louis de la
234 Parte Florida Mental Health Institute at the University of South
235 Florida, which shall:
236 (d) Disseminate and share evidence-based practices and best
237 practices among grantees, including, but not limited to, the use
238 of person-first language and trauma-responsive care, to improve
239 patient experiences and outcomes of individuals with behavioral
240 health conditions and encourage cooperative engagement with such
241 individuals. For purposes of this paragraph, the term “person
242 first language” means language used which emphasizes the
243 individual as a person rather than the individual’s disability,
244 illness, or condition.
245 Section 6. Subsection (11) is added to section 394.875,
246 Florida Statutes, and paragraph (c) of subsection (1) and
247 paragraph (a) of subsection (8) of that section are republished,
248 to read:
249 394.875 Crisis stabilization units, residential treatment
250 facilities, and residential treatment centers for children and
251 adolescents; authorized services; license required.—
252 (1)
253 (c) The purpose of a residential treatment center for
254 children and adolescents is to provide mental health assessment
255 and treatment services pursuant to ss. 394.491, 394.495, and
256 394.496 to children and adolescents who meet the target
257 population criteria specified in s. 394.493(1)(a), (b), or (c).
258 (8)(a) The department, in consultation with the agency,
259 must adopt rules governing a residential treatment center for
260 children and adolescents which specify licensure standards for:
261 admission; length of stay; program and staffing; discharge and
262 discharge planning; treatment planning; seclusion, restraints,
263 and time-out; rights of patients under s. 394.459; use of
264 psychotropic medications; and standards for the operation of
265 such centers.
266 (11) The department, in consultation with the agency, shall
267 biennially conduct a review to identify the need for new short
268 term residential treatment facilities and additional beds in
269 existing short-term residential treatment facilities. If
270 additional funding is necessary to address such need, the
271 department shall submit a legislative budget request for such
272 funding. If the department can address the need within existing
273 resources, the department shall take action to do so.
274 Section 7. Paragraphs (v) and (w) are added to subsection
275 (5) of section 394.9082, Florida Statutes, to read:
276 394.9082 Behavioral health managing entities.—
277 (5) MANAGING ENTITY DUTIES.—A managing entity shall:
278 (v) Promote the use of person-first language and trauma
279 informed responsive care among providers, peer organizations,
280 and family members, including, but not limited to, through
281 training and sharing best practices. For purposes of this
282 paragraph, the term “person-first language” means language used
283 which emphasizes the patient as a person rather than that
284 patient’s disability, illness, or condition.
285 (w) Require use of the most recent version of the Daily
286 Living Activities-20 (DLA-20) functional assessment tool by all
287 providers under contract with the managing entity, unless the
288 department specifies in rule the use of a different assessment
289 tool.
290 Section 8. Paragraph (a) of subsection (6) of section
291 1004.44, Florida Statutes, is amended, and paragraph (h) of
292 subsection (1) and subsection (8) are added to that section, to
293 read:
294 1004.44 Louis de la Parte Florida Mental Health Institute.
295 There is established the Louis de la Parte Florida Mental Health
296 Institute within the University of South Florida.
297 (1) The purpose of the institute is to strengthen mental
298 health services throughout the state by providing technical
299 assistance and support services to mental health agencies and
300 mental health professionals. Such assistance and services shall
301 include:
302 (h) Submission of a report analyzing substance abuse and
303 mental health services provided in the state through publicly
304 funded programs, including Medicare. The review shall, at a
305 minimum, identify services covered by such programs, assess
306 quality of care and cost management, and identify services for
307 which additional providers are needed in the state. The
308 institute shall submit the report to the Governor, President of
309 the Senate, and Speaker of the House of Representatives by June
310 30, 2026.
311 (6)(a) There is established within the institute the
312 Florida Center for Behavioral Health Workforce. The purpose of
313 the center is to support an adequate, highly skilled, resilient,
314 and innovative workforce that meets the current and future human
315 resources needs of the state’s behavioral health system in order
316 to provide high-quality care, services, and supports to
317 Floridians with, or at risk of developing, behavioral health
318 conditions through original research, policy analysis,
319 evaluation, and development and dissemination of best practices.
320 The goals of the center are, at a minimum, to research the
321 state’s current behavioral health workforce and future needs;
322 expand the number of clinicians, professionals, and other
323 workers involved in the behavioral health workforce; and enhance
324 the skill level and innovativeness of the workforce. The center
325 shall, at a minimum, do all of the following:
326 1. Describe and analyze the current workforce and project
327 possible future workforce demand, especially in critical roles,
328 and develop strategies for addressing any gaps. The center’s
329 efforts may include, but need not be limited to, producing a
330 statistically valid biennial analysis of the supply and demand
331 of the behavioral health workforce.
332 2. Expand pathways to behavioral health professions through
333 enhanced educational opportunities and improved faculty
334 development and retention. The center’s efforts may include, but
335 need not be limited to:
336 a. Identifying best practices in the academic preparation
337 and continuing education of behavioral health professionals.
338 b. Facilitating and coordinating the development of
339 academic-practice partnerships that support behavioral health
340 faculty employment and advancement.
341 c. Developing and implementing innovative projects to
342 support the recruitment, development, and retention of
343 behavioral health educators, faculty, and clinical preceptors.
344 d. Developing distance learning infrastructure for
345 behavioral health education and the evidence-based use of
346 technology, simulation, and distance learning techniques.
347 3. Promote behavioral health professions. The center’s
348 efforts may include, but need not be limited to:
349 a. Conducting original research on the factors affecting
350 recruitment, retention, and advancement of the behavioral health
351 workforce, such as designing and implementing a longitudinal
352 study of the state’s behavioral health workforce.
353 b. Developing and implementing innovative projects to
354 support the recruitment, development, and retention of
355 behavioral health workers, including, but not limited to,
356 projects to provide additional stipends, compensation, and
357 financial support for clinical supervisors, workers, interns,
358 and students currently working in the behavioral health field.
359 4. Request from the Board of Clinical Social Work, Marriage
360 and Family Therapy, and Mental Health Counseling, and the board
361 must provide to the center upon its request, any information
362 held by the board regarding the clinical social work, marriage
363 and family therapy, and mental health counselors licensed in
364 this state or information reported to the board by employers of
365 such counselors, other than personal identifying information.
366 (8)(a) There is created within the institute the Senator
367 Darryl E. Rouson Center for Substance Abuse and Mental Health
368 Research, which may also be referred to as the “Rouson Center.”
369 The purpose of the center is to conduct rigorous and relevant
370 research intended to develop knowledge and practice in
371 prevention and intervention for substance abuse and mental
372 health issues, to serve the people and economy in this state in
373 reducing the gap between population needs and the availability
374 of effective treatments and other interventions to improve the
375 capacity of the state to have healthy, resilient communities
376 prevailing over substance abuse, addiction, and mental health
377 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.