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