Florida 2022 Regular Session

Florida House Bill H1459 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 1459 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1459-00
9	9	Page 1 of 41
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the mental health of minors; 2
16	16	amending s. 394.462, F.S.; requiring that 3
17	17	transportation plans include options for transporting 4
18	18	minors which do not involve marked police vehicles or 5
19	19	uniformed law enforcement officers; creating s. 6
20	20	394.4635, F.S.; defining the terms "immediately" and 7
21	21	"serious bodily harm"; specifying the conditions that 8
22	22	must be met for a minor to be taken to a receiving 9
23	23	facility for involuntary examination; specifying 10
24	24	requirements for initiating a minor's involuntary 11
25	25	examination and his or her transportation; specifying 12
26	26	requirements for receiving facilities relating to such 13
27	27	minors; requiring that court orders for involuntary 14
28	28	examinations be made a part of the minor's clinical 15
29	29	record; prohibiting a fee from being charged for 16
30	30	filing such orders; requiring facilities receiving 17
31	31	minors for involuntary examination to provide certain 18
32	32	orders and reports to the Department of Children and 19
33	33	Families; providing for the validity of such orders; 20
34	34	providing requirements for law enforcement offic ers 21
35	35	initiating involuntary examinations of minors or 22
36	36	transporting minors to such examinations; prohibiting 23
37	37	minors undergoing involuntary examinations initiated 24
38	38	by law enforcement officers from being held at 25
39	39
40	40	HB 1459 2022
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42	42
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45	45	hb1459-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	receiving facilities for longer than a specified 26
52	52	period; providing an exception; requiring law 27
53	53	enforcement officers who initiate an involuntary 28
54	54	examination for a minor to execute a written report 29
55	55	containing specified information; requiring facilities 30
56	56	to send such reports to the department; requiring the 31
57	57	law enforcement officer's agency to retain such report 32
58	58	and to provide a copy of the report to a minor's 33
59	59	parent or guardian upon request; requiring that 34
60	60	certain reports and certificates be made part of a 35
61	61	minor's clinical record; requiring facilities 36
62	62	receiving minors for involuntary examinations to 37
63	63	create specified records; requiring facilities to 38
64	64	submit such records and copies of certain reports to 39
65	65	the department in a sworn report; authorizing the 40
66	66	department to adopt rules; requiring facilities to 41
67	67	notify minors and their parents or guardians of the 42
68	68	minor's right to counsel and to provide minors with 43
69	69	the opportunity to immediately consult and be 44
70	70	represented by counsel; providing requirements for the 45
71	71	transportation of minors to facilities for involuntary 46
72	72	examination; requiring specified examinations of 47
73	73	minors admitted to a receiving facility after an 48
74	74	involuntary examination is initiated by certain 49
75	75	persons; requiring minors to be released from 50
76	76
77	77	HB 1459 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1459-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	receiving facilities as soon as a specified 51
89	89	determination is made; req uiring facilities to have at 52
90	90	least one staff member with the authority to make such 53
91	91	determinations at the facility at all times; 54
92	92	authorizing emergency treatment of minors under 55
93	93	certain circumstances; requiring minors to be 56
94	94	immediately released if a parent or guardian revokes 57
95	95	consent for the minor's admission; prohibiting an 58
96	96	examination period from lasting longer than a 59
97	97	specified amount of time; requiring that certain 60
98	98	actions be taken within the examination period; 61
99	99	prohibiting students from being removed fro m schools 62
100	100	and transported to a receiving facility for 63
101	101	involuntary examination unless certain requirements 64
102	102	are met; requiring facilities to contact schools for 65
103	103	specified information under certain circumstances; 66
104	104	requiring facilities to notify the department if 67
105	105	schools fail to provide such information; requiring 68
106	106	the department, in consultation with the Department of 69
107	107	Education, to take certain actions relating to such 70
108	108	schools; prohibiting minors receiving treatment for 71
109	109	mental illness from being deprived of spec ified 72
110	110	privacy rights; providing construction; requiring 73
111	111	minors to be provided with parental or guardian 74
112	112	contact; providing an exception; providing 75
113	113
114	114	HB 1459 2022
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	construction; requiring receiving facility staff to 76
126	126	consult with certain persons to ensure continuity of 77
127	127	care and prevent disruption to existing medication 78
128	128	regimens; requiring that certain conditions be met 79
129	129	before giving or prescribing a minor certain 80
130	130	psychotropic medication; providing remedies for minors 81
131	131	for specified violations; providing immunity for 82
132	132	certain persons acting in good faith; providing an 83
133	133	exception; requiring facilities examining minors on a 84
134	134	voluntary basis to provide the department with a 85
135	135	report containing specified information and copies of 86
136	136	certain other reports within a specified timeframe; 87
137	137	requiring the department to annually publish specified 88
138	138	data relating to such reports; providing construction; 89
139	139	requiring the department to contract with a 90
140	140	consultancy on crisis services to review the provision 91
141	141	of crisis services for minors; providing requirement s 92
142	142	for such review; providing construction; amending s. 93
143	143	394.467, F.S.; revising requirements for minors to be 94
144	144	ordered for involuntary inpatient placement; defining 95
145	145	the term "serious bodily harm"; conforming provisions 96
146	146	to changes made by the act; amending s. 409.996, F.S.; 97
147	147	revising duties of the department relating to 98
148	148	evaluations of lead agencies and monitoring out -of-99
149	149	home placements; amending s. 1001.212, F.S.; revising 100
150	150
151	151	HB 1459 2022
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	data that must be provided by the Office of Safe 101
163	163	Schools to support the evaluation of spe cified mental 102
164	164	health services; defining the term "mandatory mental 103
165	165	health treatment"; requiring school districts, charter 104
166	166	school sponsors, and other entities operating a public 105
167	167	school to develop, implement, and submit to the office 106
168	168	specified policies and p rocedures; requiring the 107
169	169	office to monitor the effectiveness of such policies 108
170	170	and procedures; requiring the Department of Education 109
171	171	to adopt rules implementing the most effective 110
172	172	policies and procedures on a statewide basis; creating 111
173	173	the Telehealth Pilot P rogram within the Department of 112
174	174	Children and Families; providing a purpose for the 113
175	175	program; requiring certain persons transporting minors 114
176	176	to receiving facilities to first obtain specified 115
177	177	advice through telehealth services; prohibiting the 116
178	178	telehealth services from being provided by an entity 117
179	179	that provides involuntary examination services; 118
180	180	requiring the department to analyze and compare 119
181	181	specified data and prepare a report summarizing the 120
182	182	impact of the program; requiring the department to 121
183	183	submit the report to the Governor and the Legislature 122
184	184	by a specified date; requiring the Legislature to 123
185	185	appropriate funds necessary for the creation and 124
186	186	administration of the pilot program; requiring the 125
187	187
188	188	HB 1459 2022
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	department to adopt rules; providing for future 126
200	200	expiration; amending s. 394.463, F.S.; conforming 127
201	201	provisions to changes made by the act; providing 128
202	202	effective dates. 129
203	203	130
204	204	Be It Enacted by the Legislature of the State of Florida: 131
205	205	132
206	206	Section 1. Subsection (4) is added to section 394.462, 133
207	207	Florida Statutes, to read: 134
208	208	394.462 Transportation.—A transportation plan shall be 135
209	209	developed and implemented by each county in collaboration with 136
210	210	the managing entity in accordance with this section. A county 137
211	211	may enter into a memorandum of understanding with the governing 138
212	212	boards of nearby countie s to establish a shared transportation 139
213	213	plan. When multiple counties enter into a memorandum of 140
214	214	understanding for this purpose, the counties shall notify the 141
215	215	managing entity and provide it with a copy of the agreement. The 142
216	216	transportation plan shall describe methods of transport to a 143
217	217	facility within the designated receiving system for individuals 144
218	218	subject to involuntary examination under s. 394.463 or 145
219	219	involuntary admission under s. 397.6772, s. 397.679, s. 146
220	220	397.6798, or s. 397.6811, and may identify responsibil ity for 147
221	221	other transportation to a participating facility when necessary 148
222	222	and agreed to by the facility. The plan may rely on emergency 149
223	223	medical transport services or private transport companies, as 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233	233
234	234
235	235
236	236	appropriate. The plan shall comply with the transportation 151
237	237	provisions of this section and ss. 397.6772, 397.6795, 397.6822, 152
238	238	and 397.697. 153
239	239	(4) TRANSPORTING MINORS. —The transportation plan must 154
240	240	include options for transporting minors which do not involve 155
241	241	marked police vehicles or uniformed law enforcement officers. 156
242	242	Section 2. Section 394.4635, Florida Statutes, is created 157
243	243	to read: 158
244	244	394.4635 Involuntary examination of a minor. — 159
245	245	(1) DEFINITIONS.—For the purposes of this section, the 160
246	246	term: 161
247	247	(a) "Immediately" means without unnecessary delay. 162
248	248	(b) "Serious bodily harm" means a physical condition that 163
249	249	creates a substantial risk of death, protracted and obvious 164
250	250	disfigurement, or protracted loss or impairment of a bodily 165
251	251	member or of an organ's function. 166
252	252	(2) CRITERIA FOR INVOLUNTARY EXAMINATION. —A minor may only 167
253	253	be taken to a receiving facility for involuntary examination if 168
254	254	all of the following conditions are met: 169
255	255	(a) It is likely that the minor has a mental illness and, 170
256	256	because of his or her mental illness and as evidenced by recent 171
257	257	behavior, there is a substant ial likelihood that the minor will 172
258	258	imminently cause death or serious bodily harm to himself or 173
259	259	herself or to others if the minor is not immediately examined. 174
260	260	(b) Involuntary examination is the least restrictive means 175
261	261
262	262	HB 1459 2022
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
272	272
273	273	of preventing the minor from imminent ly causing serious bodily 176
274	274	harm to himself or herself or others. 177
275	275	(c)1. The minor's parent or guardian with the authority to 178
276	276	consent to medical treatment, after being informed of the 179
277	277	specific circumstances giving rise to the recommendation to do 180
278	278	so, provides his or her express and informed voluntary consent 181
279	279	for the minor's examination at a receiving facility; 182
280	280	2. The parent's or guardian's consent cannot be obtained 183
281	281	under subparagraph 1. because the minor's parent or guardian 184
282	282	cannot be located after exhausting all reasonable efforts to 185
283	283	contact each of them; or 186
284	284	3. There is recent and affirmative evidence, including, 187
285	285	but not limited to, evidence provided by the minor, that 188
286	286	contacting the minor's parent or guardian would cause an 189
287	287	imminent risk of death , serious bodily harm, or physical or 190
288	288	sexual abuse of the minor. 191
289	289	(3) INITIATION OF INVOLUNTARY EXAMINATION. —An involuntary 192
290	290	examination of a minor may be initiated by any one of the 193
291	291	following means: 194
292	292	(a) A circuit or county court may enter an ex parte or der 195
293	293	stating that the minor appears to meet the criteria for 196
294	294	involuntary examination of minors under this section and 197
295	295	specifying the findings on which that conclusion is based. The 198
296	296	ex parte order for involuntary examination must be based on 199
297	297	written or oral sworn testimony that includes actual knowledge 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307	307
308	308
309	309
310	310	of specific facts that support the findings. If other less 201
311	311	restrictive means are not available, such as voluntary 202
312	312	appearance for outpatient evaluation, a law enforcement officer, 203
313	313	a parent or guardian, the pare nt's or guardian's designee, a 204
314	314	medical provider, or any other designated agent of the court 205
315	315	must take the minor into custody and transport the minor to an 206
316	316	appropriate, or the nearest, facility within the designated 207
317	317	receiving system pursuant to s. 394.462 f or involuntary 208
318	318	examination. Immediately after a minor's arrival at a receiving 209
319	319	facility, the facility staff shall verbally explain to the 210
320	320	minor, and, if present, the minor's parent or guardian, the 211
321	321	rights of patients under s. 394.459 using language and 212
322	322	terminology the minor understands and shall provide a copy of 213
323	323	the rights or physically show the minor where the notice of 214
324	324	rights of patients is posted in the facility as required under 215
325	325	s. 394.459(12). If the minor's parent or guardian is not present 216
326	326	at the time of the minor's arrival, the facility must attempt to 217
327	327	notify the parent or guardian pursuant to s. 394.4599(2)(c)2. 218
328	328	The order of the court must be made a part of the minor's 219
329	329	clinical record. A fee may not be charged for the filing of an 220
330	330	order under this paragraph. A facility accepting the patient 221
331	331	based on such order must send a copy of the order to the 222
332	332	department within 5 working days. The order may be submitted 223
333	333	electronically through existing data systems, if applicable. The 224
334	334	order is valid only until the minor is delivered to the facility 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345	345
346	346
347	347	or for the period specified in the order itself, whichever 226
348	348	occurs first. If a period is not specified in the order, the 227
349	349	order is valid for 7 days after the date the order was signed. 228
350	350	(b)1. A law enforcement officer may take a minor who 229
351	351	appears to meet the criteria for involuntary examination of 230
352	352	minors under this section into custody and, consistent with 231
353	353	subsection (6), deliver the minor or have him or her delivered 232
354	354	by another person to an appropriate, or the nearest, fa cility 233
355	355	within the designated receiving system pursuant to s. 394.462 234
356	356	for a determination of whether the minor meets the criteria for 235
357	357	involuntary examination. Whenever possible, an officer 236
358	358	considering such transportation must use telehealth resources or 237
359	359	other means to obtain the advice of a medical professional 238
360	360	authorized to initiate involuntary examinations as to whether 239
361	361	the minor meets the criteria for involuntary examination before 240
362	362	transporting him or her to a receiving facility. An officer who 241
363	363	uses such services or means and is advised that a minor does not 242
364	364	meet the criteria for involuntary examination may not take the 243
365	365	minor into custody or have the minor transported to a facility. 244
366	366	2. Once a minor arrives at a receiving facility for 245
367	367	involuntary examinat ion initiated by a law enforcement officer, 246
368	368	the minor may not be held involuntarily for more than 2 hours 247
369	369	unless a physician, clinical psychologist, psychiatric nurse, 248
370	370	school psychologist, mental health counselor, marriage and 249
371	371	family therapist, or clinical social worker provides written 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381	381
382	382
383	383
384	384	certification stating that he or she has examined the minor and 251
385	385	finds that the minor appears to meet the criteria for 252
386	386	involuntary examination of minors and stating the observations 253
387	387	upon which the finding is based. Upon the r equest of the minor's 254
388	388	parent or guardian, the parent or guardian must be allowed to 255
389	389	remain with the minor at any time between the minor's arrival at 256
390	390	the facility and when the examination occurs unless there is 257
391	391	recent and affirmative evidence, including, bu t not limited to, 258
392	392	evidence provided by the minor, that allowing the minor's parent 259
393	393	or guardian to remain with the minor would cause an imminent 260
394	394	risk of death, serious bodily harm, or physical or sexual abuse 261
395	395	of the minor. Immediately after a minor's arriva l at a receiving 262
396	396	facility, the facility staff shall verbally explain to the 263
397	397	minor, and, if present, the minor's parent or guardian, the 264
398	398	rights of patients under s. 394.459 using language and 265
399	399	terminology the minor understands and shall provide a copy of 266
400	400	the rights or physically show the minor where the notice of 267
401	401	rights of patients is posted in the facility as required under 268
402	402	s. 394.459(12). If the minor's parent or guardian is not present 269
403	403	at the time of the minor's arrival, the facility must attempt to 270
404	404	notify the parent or guardian as required by s. 394.4599(2)(c)2. 271
405	405	and seek his or her consent for further examination of the 272
406	406	minor, except to the extent such consent is not required under 273
407	407	subparagraph (2)(c)3. 274
408	408	3. Regardless of whether a facility receives writte n 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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419	419
420	420
421	421	certification that the minor meets the criteria for involuntary 276
422	422	examination under subparagraph 2., the law enforcement officer 277
423	423	who took the minor into custody must execute a written report 278
424	424	detailing the circumstances under which the minor was taken into 279
425	425	custody, and the report must be made a part of the minor's 280
426	426	clinical record. The facility shall send a copy of the report to 281
427	427	the department within 5 working days, regardless of whether the 282
428	428	minor is admitted. The law enforcement officer's law enforcement 283
429	429	agency shall retain a copy of the report pursuant to the 284
430	430	agency's policy and provide it to the minor's parent or guardian 285
431	431	at his or her request. The report must state the reasons the 286
432	432	examination was initiated; specify whether the minor was taken 287
433	433	into custody at a school and, if so, provide the name and 288
434	434	address of the school; and specify which criteria were met under 289
435	435	paragraph (2)(c). If the criterion under subparagraph (2)(c)1. 290
436	436	was met, the report must include the parent's or guardian's name 291
437	437	and contact information. If the criterion under subparagraph 292
438	438	(2)(c)2. was met, the report must state the means by which the 293
439	439	law enforcement officer attempted to locate each parent or 294
440	440	guardian. If the criterion under subparagraph (2)(c)3. was met, 295
441	441	the report must include the recent and affirmative evidence that 296
442	442	led to a conclusion that contacting the parent or guardian would 297
443	443	pose an imminent risk of death, serious bodily harm, or physical 298
444	444	or sexual abuse of the minor. 299
445	445	(c)1. A physician, clinical psychologist, psychiatric 300
446	446
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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457	457
458	458	nurse, school psychologist, mental health counselor, marriage 301
459	459	and family therapist, or clinical social worker may provide 302
460	460	written certification stating that he or she has examined a 303
461	461	minor, either in person or through telehealth, within the 304
462	462	preceding 48 hours and finds that the minor appears to meet the 305
463	463	criteria for involuntary examination and stating the 306
464	464	observations upon which that conclusion is based. 307
465	465	2. If other less restrictive means, such as voluntary 308
466	466	appearance for outpatient evaluation, are not avail able, a 309
467	467	parent or guardian, the parent's or guardian's designee, a 310
468	468	family member, a friend, a medical provider, a school counselor, 311
469	469	a school administrator, or a law enforcement officer must take 312
470	470	the minor named in the certification into custody and deliver 313
471	471	him or her to the appropriate, or nearest, facility within the 314
472	472	designated receiving system pursuant to s. 394.462 for 315
473	473	involuntary examination. Upon the minor's arrival, the facility 316
474	474	staff shall verbally explain to the minor, and, if present, the 317
475	475	minor's parent or guardian, the rights of patients under s. 318
476	476	394.459 using language and terminology the minor understands and 319
477	477	shall provide a copy of the rights or physically show the minor 320
478	478	where the notice of rights of patients is posted in the facility 321
479	479	as required under s. 394.459(12). If the minor's parent or 322
480	480	guardian is not present at the time of the minor's arrival, the 323
481	481	facility must attempt to notify the parent or guardian pursuant 324
482	482	to s. 394.4599(2)(c)2. and seek his or her consent for further 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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493	493
494	494
495	495	examination of the minor, except to the extent such consent is 326
496	496	not required under subparagraph (2)(c)3. The minor must be 327
497	497	transported consistent with the requirements under subsection 328
498	498	(6). If the person transporting the minor is a law enforcement 329
499	499	officer, the officer must also execute a written report 330
500	500	detailing the circumstances under which the minor was taken into 331
501	501	custody. The report must state the reasons the examination was 332
502	502	initiated; specify whether the minor was taken into custody at a 333
503	503	school and, if so, provide the na me and address of the school; 334
504	504	and specify which criteria were met under paragraph (2)(c). If 335
505	505	the criterion under subparagraph (2)(c)1. was met, the report 336
506	506	must include the parent's or guardian's name and contact 337
507	507	information. If the criterion under subparag raph (2)(c)2. was 338
508	508	met, the report must state the means by which the law 339
509	509	enforcement officer attempted to locate each parent or guardian. 340
510	510	If the criterion under subparagraph (2)(c)3. was met, the report 341
511	511	must include the recent and affirmative evidence that led to a 342
512	512	conclusion that contacting the parent or guardian would pose an 343
513	513	imminent risk of death, serious bodily harm, or physical or 344
514	514	sexual abuse of the minor. 345
515	515	3. The report and certificate must be made a part of the 346
516	516	minor's clinical record. Any facility accepting the minor based 347
517	517	on the certificate must send a copy of the certificate to the 348
518	518	department within 5 working days, regardless of whether the 349
519	519	minor is not admitted or is admitted on a voluntary or 350
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532	532	involuntary basis. The document may be submitted ele ctronically 351
533	533	through existing data systems, if applicable. A full and 352
534	534	complete copy of the minor's clinical record or any portion of 353
535	535	it, including the report and certificate, must be provided to 354
536	536	the minor's parent or guardian upon his or her request. 355
537	537	(4) REQUIRED FACILITY REPORTS. — 356
538	538	(a)1. At the time the minor arrives at the receiving 357
539	539	facility, the facility shall record whether the minor meets the 358
540	540	criteria for involuntary services at that time; whether the 359
541	541	minor meets the criteria because of risk of death or serious 360
542	542	bodily harm to himself or herself or others; the means by which 361
543	543	the minor arrived at the facility, including whether he or she 362
544	544	was transported there by law enforcement; whether the area's 363
545	545	mobile crisis response team was contacted before the adm ission; 364
546	546	the time and date the minor arrived at the facility; whether the 365
547	547	minor has Medicaid, Medicare, private health insurance, or no 366
548	548	health insurance; the minor's age, name, race, gender, national 367
549	549	origin, disability status, including whether the minor ha s a 368
550	550	developmental disability, and social security number; what 369
551	551	actions were taken after the initial examination, including 370
552	552	whether the minor was released or examined further; and any 371
553	553	other information the department requires by rule. 372
554	554	2. At the conclusion of the period specified in subsection 373
555	555	(8), the facility shall record the time and date the minor left 374
556	556	the facility or a petition for involuntary services was 375
557	557
558	558	HB 1459 2022
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560	560
561	561
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	initiated pursuant to paragraph (8)(d); whether psychotropic 376
570	570	medication was administered while the minor was in the facility; 377
571	571	if the minor left the facility, a description of the followup 378
572	572	services provided; and any other information the department 379
573	573	requires by rule. 380
574	574	(b) A receiving facility shall submit the records created 381
575	575	in paragraph (a) to the department in a sworn written report 382
576	576	that also includes copies of any reports prepared by law 383
577	577	enforcement or school personnel required under this section. The 384
578	578	information in the report shall also be made a part of the 385
579	579	minor's clinical rec ord. The department may adopt rules 386
580	580	governing such reports. 387
581	581	(5) RIGHT TO COUNSEL. —Upon a minor's arrival at a 388
582	582	receiving facility, the facility shall notify the minor and his 389
583	583	or her parent or guardian of the minor's right to counsel and 390
584	584	shall provide the minor the opportunity to immediately consult 391
585	585	with and be represented by a public defender or the minor's 392
586	586	attorney. 393
587	587	(6) TRANSPORTATION. —All persons initiating the involuntary 394
588	588	examination of a minor shall make every effort to avoid 395
589	589	transporting minors in v ehicles ordinarily used for law 396
590	590	enforcement purposes. When law enforcement officers initiate or 397
591	591	participate in the transportation of a minor for involuntary 398
592	592	examination, officers must use the least restrictive means for 399
593	593	transporting the minor and must use unmarked vehicles or 400
594	594
595	595	HB 1459 2022
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb1459-00
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	ambulances if available. Law enforcement officers must allow a 401
607	607	minor's parent or guardian or the parent's or guardian's 402
608	608	designee, if available, to transport the minor to the receiving 403
609	609	facility unless there is compelling evidence that d oing so would 404
610	610	endanger the minor. If the parent or guardian of a minor, or the 405
611	611	parent's or guardian's designee, is unavailable to transport the 406
612	612	minor, law enforcement officers must allow other appropriate and 407
613	613	willing persons to transport the minor, if avai lable, including 408
614	614	a school counselor, school administrator, family member, friend, 409
615	615	or medical provider, unless there is compelling evidence that 410
616	616	doing so would endanger the minor. If a minor is transported by 411
617	617	a law enforcement officer, the officer must also allow the 412
618	618	minor's parent or guardian to ride in the same vehicle with the 413
619	619	minor unless there is compelling evidence that doing so would 414
620	620	endanger the minor. Law enforcement officers may not use 415
621	621	restraints on a minor being transported for involuntary 416
622	622	examination, including handcuffs, hobbles, and zip ties, except 417
623	623	in a situation where there is no other available means to 418
624	624	prevent imminent serious bodily harm to the minor or others. A 419
625	625	department or agency policy requiring that all persons 420
626	626	transported in police cars be restrained may not be used to 421
627	627	justify the use of restraints on minors transported pursuant to 422
628	628	this section. 423
629	629	(7) MINIMAL DETENTION. —When a minor is admitted to a 424
630	630	receiving facility after an involuntary examination is initiated 425
631	631
632	632	HB 1459 2022
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634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
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639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	by someone other tha n a physician, a clinical psychologist, or a 426
644	644	psychiatric nurse performing within the framework of an 427
645	645	established protocol with a psychiatrist at a facility, a 428
646	646	physician, a clinical psychologist, or a psychiatric nurse must 429
647	647	examine the minor immediately upo n admission to determine if the 430
648	648	criteria for involuntary services are met. A minor shall be 431
649	649	released from a receiving facility as soon as a physician, a 432
650	650	clinical psychologist, a psychiatric nurse, an advanced practice 433
651	651	registered nurse registered under s. 4 64.0123, a mental health 434
652	652	counselor, a marriage and family therapist, or a clinical social 435
653	653	worker at the facility determines the minor no longer meets the 436
654	654	criteria for involuntary examination of minors. Facilities may 437
655	655	establish procedures to designate one o r more employees to make 438
656	656	such determination, but the facility must have at least one 439
657	657	staff member with the authority to make such determination at 440
658	658	the facility at all times. Emergency treatment may be provided 441
659	659	to a minor upon the order of a physician if th e physician 442
660	660	determines that such treatment is necessary for the safety of 443
661	661	the minor or others. A minor must be immediately released if the 444
662	662	minor's parent or guardian revokes consent for his or her 445
663	663	admission to a facility. 446
664	664	(8) DURATION AND CONCLUSION OF I NVOLUNTARY EXAMINATION. —447
665	665	The examination period for a minor may not last longer than 72 448
666	666	hours. Within the examination period, one of the following 449
667	667	actions must be taken based on the individual needs of the 450
668	668
669	669	HB 1459 2022
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
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676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	minor: 451
681	681	(a) The minor must be released pursuant to subsection (7). 452
682	682	(b) The minor must be released for voluntary outpatient 453
683	683	treatment. 454
684	684	(c) If the minor and the minor's parent or guardian have 455
685	685	given express and informed written consent to placement as a 456
686	686	voluntary patient, the minor must be admitted as a voluntary 457
687	687	patient. 458
688	688	(d) A petition for involuntary services must be filed in 459
689	689	the circuit court if inpatient treatment is deemed necessary or 460
690	690	with the criminal county court, as defined in s. 394.4655(1), as 461
691	691	applicable. If inpatient treatment is deemed nec essary, the 462
692	692	least restrictive treatment consistent with the optimum 463
693	693	improvement of the minor's condition must be made available. A 464
694	694	petition for involuntary inpatient placement must state, under 465
695	695	penalty of perjury, that the receiving facility administrator 466
696	696	believes the minor meets the criteria for involuntary placement 467
697	697	and the facility intends to pursue such placement. The petition 468
698	698	must be filed by the facility administrator. 469
699	699	(9) REMOVAL FROM SCHOOLS. — 470
700	700	(a) A student may not be removed from any school as 471
701	701	defined in s. 1003.01(2) and transported to a receiving facility 472
702	702	for involuntary examination unless the school principal, the 473
703	703	school counselor, the school psychologist, or any other school 474
704	704	official who has the most knowledge about the circumstances of 475
705	705
706	706	HB 1459 2022
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
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713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	the student's removal submits a written report to the department 476
718	718	containing all of the following information: 477
719	719	1. The school name and address. 478
720	720	2. The time and date of the removal. 479
721	721	3. The student's name, age, grade, race, gender, and 480
722	722	national origin. 481
723	723	4. Whether the student has a disability, including whether 482
724	724	he or she has a Section 504 plan or an individual education plan 483
725	725	(IEP), and the basis for such classification or receipt of 484
726	726	services, including the nature of the disability or medical 485
727	727	diagnosis. 486
728	728	5. Whether the student is experiencing homelessness as 487
729	729	defined in s. 1003.01(12). 488
730	730	6. Whether the student has limited English proficiency as 489
731	731	defined in s. 1003.56(2)(a). 490
732	732	7. The circumstances leading to the involuntary 491
733	733	examination, including whether the beh avior leading to the 492
734	734	involuntary examination was observed by a law enforcement 493
735	735	officer directly or relayed to law enforcement indirectly and 494
736	736	whether the basis for the removal was for danger to self or 495
737	737	others. 496
738	738	8. If the involuntary examination was initiat ed because of 497
739	739	danger to self, whether the school used a suicide screening 498
740	740	instrument approved under s. 1012.583. 499
741	741	9. Whether a physician, clinical psychologist, psychiatric 500
742	742
743	743	HB 1459 2022
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745	745
746	746
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748	748	hb1459-00
749	749	Page 21 of 41
750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	nurse, school psychologist, mental health counselor, marriage 501
755	755	and family therapist , clinical social worker, or mobile crisis 502
756	756	team, and, if the student has a disability, an exceptional 503
757	757	student education director or a member of the student's IEP 504
758	758	team, was present on the school campus at the time of the 505
759	759	decision to remove the student or to contact law enforcement to 506
760	760	do so. 507
761	761	10. Whether a physician, clinical psychologist, 508
762	762	psychiatric nurse, school psychologist, mental health counselor, 509
763	763	marriage and family therapist, clinical social worker, or mobile 510
764	764	crisis team, and, if the student has a di sability, an 511
765	765	exceptional student education director or a member of the 512
766	766	student's IEP team, was consulted before the decision to remove 513
767	767	the student from the school for involuntary examination. 514
768	768	11. If the student is a minor, whether a parent or 515
769	769	guardian was contacted before the student's removal and, if so, 516
770	770	whether the parent or guardian consented to the removal and 517
771	771	whether he or she was given the opportunity to remove the 518
772	772	student from school. 519
773	773	12. Any other information the department determines is 520
774	774	appropriate. 521
775	775	(b) If a receiving facility receives a student for 522
776	776	involuntary examination and the report of the law enforcement 523
777	777	officer made pursuant to subsection (3) indicates that the 524
778	778	student was removed from a school but the student is not 525
779	779
780	780	HB 1459 2022
781	781
782	782
783	783
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787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	accompanied by the school's report required under paragraph (a) 526
792	792	or the report is incomplete, the facility must contact the 527
793	793	school by the end of the next working day and obtain a completed 528
794	794	copy of the report. If the school fails to provide the report, 529
795	795	the facility must notify the department by certified mail or by 530
796	796	e-mail, if available, by the next working day. The department 531
797	797	shall keep records of all such notifications and take all 532
798	798	appropriate steps, in consultation with the Department of 533
799	799	Education, to ensure that any failures to notify do not reoccur. 534
800	800	(c) The department may adopt rules governing such reports. 535
801	801	(10) PRIVACY.—A minor receiving treatment for mental 536
802	802	illness may not be deprived of his or her right to privacy under 537
803	803	state and federal law, the United States Constit ution, or the 538
804	804	State Constitution, including the right to keep the fact of such 539
805	805	treatment confidential and not disclose the information except 540
806	806	to those individuals who provide medical services or collect 541
807	807	data on the use of involuntary and voluntary examinat ion. This 542
808	808	subsection may not be construed to limit any other rights minors 543
809	809	may have under this chapter or other law, including, but not 544
810	810	limited to, s. 394.459. Each entity sharing, collecting, or 545
811	811	maintaining data or information under this section is requir ed 546
812	812	to meet the standards set forth in the National Institute of 547
813	813	Standards and Technology Cybersecurity Framework Version 1.1. 548
814	814	(11) ACCESS TO PARENTS OR GUARDIANS. —A minor shall be 549
815	815	provided as much contact with his or her parent or guardian as 550
816	816
817	817	HB 1459 2022
818	818
819	819
820	820
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822	822	hb1459-00
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824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	he or she desires and is practicable unless the treating 551
829	829	psychiatrist executes a written certificate under penalty of 552
830	830	perjury indicating that doing so would pose a risk of serious 553
831	831	psychological harm. At a minimum, such contact must include 554
832	832	daily in-person visiting hours and unlimited use of a telephone 555
833	833	for the minor to contact his or her parent or guardian and, to 556
834	834	the extent practicable, allow a minor's parent or guardian to 557
835	835	stay with the minor overnight in the receiving facility. This 558
836	836	subsection may not be construed to limit any other rights minors 559
837	837	may have under this chapter or other law, including, but not 560
838	838	limited to, s. 394.459. 561
839	839	(12) CONTINUITY OF CARE. —Receiving facility staff shall 562
840	840	consult with the parent or guardian of a minor and any medical 563
841	841	professionals treating the minor to ensure continuity of care 564
842	842	and prevent disruption to the minor's existing medication 565
843	843	regimen. Psychotropic medication that a minor is not prescribed 566
844	844	at the time of evaluation or treatment must be given or 567
845	845	prescribed to a minor only after every reasonable effort has 568
846	846	been made to consult with the minor's existing medical and 569
847	847	psychiatric providers. 570
848	848	(13) VIOLATIONS.—Any minor whose rights under this chapter 571
849	849	have been violated may file suit through his or her legal 572
850	850	representative against any person, agency, municipality, 573
851	851	district, or other entity in any court of this state having 574
852	852	jurisdiction. A minor who files suit may seek declaratory 575
853	853
854	854	HB 1459 2022
855	855
856	856
857	857
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861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	relief, injunctive relief, and damages. Any person who acts in 576
866	866	good faith in compliance with this part is im mune from civil or 577
867	867	criminal liability for his or her actions in connection with the 578
868	868	admission, diagnosis, treatment, or discharge of a minor from a 579
869	869	receiving facility, or the decision not to admit the minor or 580
870	870	initiate an examination. However, this section does not relieve 581
871	871	any person from liability if such person is negligent. 582
872	872	(14) REPORTING ON VOLUNTARY EXAMINATION. — 583
873	873	(a) For each minor examined on a voluntary basis by a 584
874	874	receiving facility, the facility shall compile all of the 585
875	875	following information in a written report to the department: 586
876	876	1. The means by which the minor arrived at the facility, 587
877	877	including whether he or she was transported by law enforcement. 588
878	878	2. Whether the area's mobile crisis response team was 589
879	879	contacted. 590
880	880	3. Whether the minor is a st udent at a school as defined 591
881	881	in s. 1003.01(2) or at a private school as defined in s. 592
882	882	1002.01(2), whether the minor was transported to the facility 593
883	883	from that school, and, if so, the name of the school. 594
884	884	4. The time and date the minor arrived at the facili ty. 595
885	885	5. Whether the facility recommended that the minor 596
886	886	voluntarily consent to admission. 597
887	887	6. Whether the minor has Medicaid, Medicare, private 598
888	888	health insurance, or no health insurance. 599
889	889	7. Whether the minor has a developmental disability. 600
890	890
891	891	HB 1459 2022
892	892
893	893
894	894
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898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	8. The minor's age, name, race, gender, and national 601
903	903	origin. 602
904	904	9. The time and date the minor left the facility and a 603
905	905	description of the followup services provided, if applicable. 604
906	906	10. Any other information the department deems 605
907	907	appropriate. 606
908	908	(b) For any minor exami ned or admitted on a voluntary 607
909	909	basis, the receiving facility must send a copy of the report to 608
910	910	the department within 5 working days after the examination, and 609
911	911	the facility must attach copies of any reports provided by law 610
912	912	enforcement and schools pursuant t o this section to the report. 611
913	913	The department shall publish aggregated data, broken down by 612
914	914	demographics, for each category of information listed in 613
915	915	subparagraphs (a)1.-10. for every receiving facility on an 614
916	916	annual basis no later than 6 months after the con clusion of the 615
917	917	fiscal year during which the data was collected. 616
918	918	(c) This subsection may not be construed to alter or 617
919	919	expand the authority of any person to examine a minor on a 618
920	920	voluntary basis under s. 394.4625. 619
921	921	(15) OUTSIDE REVIEW. —The department shall contract with a 620
922	922	nationally recognized consultancy on crisis services for minors 621
923	923	which is based outside this state to review this state's 622
924	924	provision of crisis services for minors. Such review must 623
925	925	include examining the clinical records of a random sample of 624
926	926	minors involuntarily examined and determining if they meet with 625
927	927
928	928	HB 1459 2022
929	929
930	930
931	931
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935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	national best practices. The consultancy must make 626
940	940	recommendations for improvement of crisis services for minors. 627
941	941	The review must also provide an est imate of the per-minor cost 628
942	942	of involuntary examination compared with other methods of 629
943	943	addressing minors in crisis. 630
944	944	(16) CONSTRUCTION.—The provisions of this section take 631
945	945	precedence over any provision of this chapter which is 632
946	946	inconsistent with this sectio n. 633
947	947	Section 3. Subsection (1) of section 394.467, Florida 634
948	948	Statutes, is amended to read: 635
949	949	394.467 Involuntary inpatient placement. — 636
950	950	(1) CRITERIA.— 637
951	951	(a) A person 18 years of age or older may be ordered for 638
952	952	involuntary inpatient placement for treatment upon a finding of 639
953	953	the court by clear and convincing evidence that: 640
954	954	1.(a) He or she has a mental illness and because of his or 641
955	955	her mental illness: 642
956	956	a.(I)1.a. He or she has refused voluntary inpatient 643
957	957	placement for treatment after sufficient and conscien tious 644
958	958	explanation and disclosure of the purpose of inpatient placement 645
959	959	for treatment; or 646
960	960	(II)b. He or she is unable to determine for himself or 647
961	961	herself whether inpatient placement is necessary; and 648
962	962	b.(I)2.a. He or she is incapable of surviving alone or 649
963	963	with the help of willing and responsible family or friends, 650
964	964
965	965	HB 1459 2022
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967	967
968	968
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972	972	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973	973
974	974
975	975
976	976	including available alternative services, and, without 651
977	977	treatment, is likely to suffer from neglect or refuse to care 652
978	978	for himself or herself, and such neglect or refusal poses a real 653
979	979	and present threat of substantial harm to his or her well -being; 654
980	980	or 655
981	981	(II)b. There is substantial likelihood that in the near 656
982	982	future he or she will inflict serious bodily harm on self or 657
983	983	others, as evidenced by recent behavior causing, attempting, or 658
984	984	threatening such harm; and 659
985	985	2.(b) All available less restrictive treatment 660
986	986	alternatives that would offer an opportunity for improvement of 661
987	987	his or her condition have been judged to be inappropriate. 662
988	988	(b) A minor may be ordered for involuntary inpatient 663
989	989	placement for treatment if a court finds by clear and convincing 664
990	990	evidence that all of the following conditions are met: 665
991	991	1. The minor has a mental illness. 666
992	992	2. Because of his or her mental illness, it is likely that 667
993	993	the minor will, if not ordered for involuntary inpat ient 668
994	994	placement, imminently cause death or serious bodily harm to 669
995	995	himself or herself or to others, as evidenced by recent behavior 670
996	996	causing, attempting, or threatening such harm. 671
997	997	3. Involuntary inpatient placement is the least 672
998	998	restrictive means of preventi ng the minor from imminently 673
999	999	causing serious bodily harm to himself or herself or others. 674
1000	1000	4.a. The minor's parent or guardian with the authority to 675
1001	1001
1002	1002	HB 1459 2022
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1004	1004
1005	1005
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1009	1009	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010	1010
1011	1011
1012	1012
1013	1013	consent to medical treatment, after being informed of the 676
1014	1014	specific circumstances giving rise to the recomm endation to do 677
1015	1015	so, provides his or her express and informed voluntary consent 678
1016	1016	for the minor's examination at a receiving facility; 679
1017	1017	b. The parent's or guardian's consent cannot be obtained 680
1018	1018	under sub-subparagraph a. because the minor's parent or guardian 681
1019	1019	cannot be located after exhausting all reasonable efforts to 682
1020	1020	contact each of them; or 683
1021	1021	c. There is recent and affirmative evidence, including, 684
1022	1022	but not limited to, evidence provided by the minor, that 685
1023	1023	contacting the minor's parent or guardian would cause an 686
1024	1024	imminent risk of death, serious bodily harm, or physical or 687
1025	1025	sexual abuse of the minor. 688
1026	1026	689
1027	1027	As used in this paragraph, the term "serious bodily harm" means 690
1028	1028	a physical condition that creates a substantial risk of death, 691
1029	1029	protracted and obvious disfigurement, or protracted loss or 692
1030	1030	impairment of a bodily member or of an organ's function. 693
1031	1031	Section 4. Paragraphs (a) and (b) of subsection (21) of 694
1032	1032	section 409.996, Florida Statutes, are amended to read: 695
1033	1033	409.996 Duties of the Department of Children and 696
1034	1034	Families.—The department shall contract for the delivery, 697
1035	1035	administration, or management of care for children in the child 698
1036	1036	protection and child welfare system. In doing so, the department 699
1037	1037	retains responsibility for the quality of contracted services 700
1038	1038
1039	1039	HB 1459 2022
1040	1040
1041	1041
1042	1042
1043	1043	CODING: Words stricken are deletions; words underlined are additions.
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1046	1046	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047	1047
1048	1048
1049	1049
1050	1050	and programs and shall ensure that, at a minimum, services are 701
1051	1051	delivered in accordance with applicable federal and state 702
1052	1052	statutes and regulations and the performance standards and 703
1053	1053	metrics specified in the strategic plan created under s. 704
1054	1054	20.19(1). 705
1055	1055	(21) The department, in co nsultation with lead agencies, 706
1056	1056	shall establish a quality assurance program for contracted 707
1057	1057	services to dependent children. The quality assurance program 708
1058	1058	shall, at a minimum, be based on standards established by 709
1059	1059	federal and state law, national accrediting or ganizations, and 710
1060	1060	the Office of Quality established under s. 402.715, and must be 711
1061	1061	consistent with the child welfare results -oriented 712
1062	1062	accountability system required by s. 409.997. 713
1063	1063	(a) The department must evaluate each lead agency under 714
1064	1064	contract at least an nually. These evaluations shall cover the 715
1065	1065	programmatic, operational, and fiscal operations of the lead 716
1066	1066	agency and must be consistent with the child welfare results -717
1067	1067	oriented accountability system required under s. 409.997 . The 718
1068	1068	department must consult with d ependency judges in the circuit or 719
1069	1069	circuits served by the lead agency on the performance of the 720
1070	1070	lead agency. 721
1071	1071	(b) The department and each lead agency shall monitor out -722
1072	1072	of-home placements, including the extent to which sibling groups 723
1073	1073	are placed together or provisions to provide visitation and 724
1074	1074	other contacts if siblings are separated and a record of each 725
1075	1075
1076	1076	HB 1459 2022
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb1459-00
1082	1082	Page 30 of 41
1083	1083	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084	1084
1085	1085
1086	1086
1087	1087	time a minor with an open case is examined under chapter 394, 726
1088	1088	including whether the minor was voluntarily or involuntarily 727
1089	1089	examined under s. 394.4625 or s. 394.4635, and the number of 728
1090	1090	days spent in a receiving facility . The data must shall identify 729
1091	1091	reasons for sibling separation and examination under chapter 730
1092	1092	394. Information related to sibling placement and examination 731
1093	1093	under chapter 394 must shall be incorporated into the results -732
1094	1094	oriented accountability system required under s. 409.997 and 733
1095	1095	into the evaluation of the outcome specified in s. 734
1096	1096	409.986(2)(e). The information related to sibling placement must 735
1097	1097	shall also be made available to the institute established under 736
1098	1098	s. 1004.615 for use in assessing the performance of child 737
1099	1099	welfare services in relation to the outcome specified in s. 738
1100	1100	409.986(2)(e). 739
1101	1101	Section 5. Subsection (7) of section 1001.212, Florida 740
1102	1102	Statutes, is amended to read: 741
1103	1103	1001.212 Office of Safe Schools.—There is created in the 742
1104	1104	Department of Education the Office of Safe Schools. The office 743
1105	1105	is fully accountable to the Commissioner of Education. The 744
1106	1106	office shall serve as a central repository for best practices, 745
1107	1107	training standards, and compliance ove rsight in all matters 746
1108	1108	regarding school safety and security, including prevention 747
1109	1109	efforts, intervention efforts, and emergency preparedness 748
1110	1110	planning. The office shall: 749
1111	1111	(7) Provide data to support the evaluation of mental 750
1112	1112
1113	1113	HB 1459 2022
1114	1114
1115	1115
1116	1116
1117	1117	CODING: Words stricken are deletions; words underlined are additions.
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1120	1120	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121	1121
1122	1122
1123	1123
1124	1124	health services pursuant to s. 100 4.44. 751
1125	1125	(a) Such data must include, for each school, the number of 752
1126	1126	involuntary examinations as defined in s. 394.455 which are 753
1127	1127	initiated at the school, on school transportation, or at a 754
1128	1128	school-sponsored activity and the number of children for whom an 755
1129	1129	examination is initiated. 756
1130	1130	1. The following information for each student must also be 757
1131	1131	included with such data: 758
1132	1132	a. The student's name, age, grade, race, gender, and 759
1133	1133	national origin; 760
1134	1134	b. The student's disability status, including whether he 761
1135	1135	or she has or is eligible for a Section 504 plan or an 762
1136	1136	individual education plan (IEP), and whether the reason for such 763
1137	1137	services or eligibility is a developmental disability; 764
1138	1138	c. Whether the student is experiencing homelessness as 765
1139	1139	described in s. 1003.01(12); 766
1140	1140	d. Whether the student has limited English proficiency as 767
1141	1141	defined in s. 1003.56(2)(a); 768
1142	1142	e. The number of school days that passed after the 769
1143	1143	involuntary examination and before the day the student next 770
1144	1144	attended school; 771
1145	1145	f. Whether the student involuntarily examined has been 772
1146	1146	previously examined and, if so, the number of times the student 773
1147	1147	has been examined; 774
1148	1148	g. Whether a mobile crisis response team was contacted 775
1149	1149
1150	1150	HB 1459 2022
1151	1151
1152	1152
1153	1153
1154	1154	CODING: Words stricken are deletions; words underlined are additions.
1155	1155	hb1459-00
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1157	1157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158	1158
1159	1159
1160	1160
1161	1161	before the examination, and, if so, whether the team conducted 776
1162	1162	an examination of the child and the team's r ecommendations; 777
1163	1163	h. Whether the student's parent or guardian was contacted 778
1164	1164	before the decision to initiate the involuntary examination and 779
1165	1165	whether the parent or guardian consented; and 780
1166	1166	i. Any other information the department determines is 781
1167	1167	appropriate. 782
1168	1168	2. The information required under subparagraph 1. must be 783
1169	1169	updated monthly, and data on total incidents of involuntary 784
1170	1170	examination, disaggregated by sub -subparagraphs 1.a.-d., must be 785
1171	1171	made publicly accessible on the department's website, including 786
1172	1172	on the K-12 data portal, annually within 90 days after the last 787
1173	1173	day of each school year and in compliance with applicable 788
1174	1174	privacy laws. Data aggregated by a school district for sub -789
1175	1175	subparagraph 1.f. must also be made publicly accessible on the 790
1176	1176	department's website annually and in compliance with applicable 791
1177	1177	privacy laws. School districts shall notify all parents of the 792
1178	1178	availability of this data before any deadlines for applications 793
1179	1179	to transfer between schools or school districts. The department 794
1180	1180	shall adopt rules set ting minimum standards for documenting, 795
1181	1181	reporting, and monitoring the use of involuntary examination of 796
1182	1182	students under s. 394.463. The department must provide school 797
1183	1183	districts with such standards before August 1, 2023. 798
1184	1184	(b) Such data must also include, fo r each school, the 799
1185	1185	number of incidents of mandatory mental health treatment and the 800
1186	1186
1187	1187	HB 1459 2022
1188	1188
1189	1189
1190	1190
1191	1191	CODING: Words stricken are deletions; words underlined are additions.
1192	1192	hb1459-00
1193	1193	Page 33 of 41
1194	1194	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195	1195
1196	1196
1197	1197
1198	1198	number of children provided such treatment. For the purposes of 801
1199	1199	this paragraph, the term "mandatory mental health treatment" 802
1200	1200	means any time a student is required to undergo mental health 803
1201	1201	treatment or examination as a condition of attendance at school 804
1202	1202	or participation in any school activity. The term includes, but 805
1203	1203	is not limited to: 806
1204	1204	1. Mental health treatment as a condition of admittance to 807
1205	1205	or transfer to or from a school; 808
1206	1206	2. Mental health treatment as a condition of avoiding or 809
1207	1207	modifying the severity of suspension, expulsion, transfer to 810
1208	1208	another school, or discipline of any kind; 811
1209	1209	3. Requiring a parent or guardian to take a student to a 812
1210	1210	receiving facility for involuntary examination under s. 394.4635 813
1211	1211	or voluntary examination under s. 394.4625; 814
1212	1212	4. Involuntary examination initiated on a school campus or 815
1213	1213	otherwise reported pursuant this section; or 816
1214	1214	5. Mental health treatment or examination required as part 817
1215	1215	of determining a student's eligibility for, or as an element of, 818
1216	1216	exceptional student instruction. 819
1217	1217	(c)1. Each school district, charter school sponsor, or 820
1218	1218	other entity operating a public school shall develop and submit 821
1219	1219	to the office, no later than August 1, 2022, polici es and 822
1220	1220	procedures that are consistent with this subsection and that 823
1221	1221	govern all of the following: 824
1222	1222	a. Compliance with paragraphs (a) and (b). 825
1223	1223
1224	1224	HB 1459 2022
1225	1225
1226	1226
1227	1227
1228	1228	CODING: Words stricken are deletions; words underlined are additions.
1229	1229	hb1459-00
1230	1230	Page 34 of 41
1231	1231	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232	1232
1233	1233
1234	1234
1235	1235	b. Monitoring and reporting of data collected. 826
1236	1236	c. Notification to all parents and guardians at the 827
1237	1237	beginning of a school year of their rights under ss. 828
1238	1238	1002.20(3)(l) and 1002.33(9)(q). 829
1239	1239	d. Training programs relating to involuntary examinations 830
1240	1240	and mandatory mental health treatment. 831
1241	1241	e. The entity's plan for selecting personnel to be 832
1242	1242	trained. 833
1243	1243	f. The entity's plan for eliminating the inappropriate use 834
1244	1244	of involuntary examinations and other inappropriate mandatory 835
1245	1245	mental health treatment. The plan must include a goal for 836
1246	1246	reducing the necessity for involuntary examination and mandatory 837
1247	1247	mental health treatment and mu st include activities, skills, and 838
1248	1248	resources required to achieve that goal. 839
1249	1249	2. The office shall monitor the effectiveness of the 840
1250	1250	policies and procedures submitted pursuant to subparagraph 1., 841
1251	1251	and the department shall adopt rules to implement the most 842
1252	1252	effective policies and procedures on a statewide basis. 843
1253	1253	Section 6. (1) Effective September 1, 2022, a Telehealth 844
1254	1254	Pilot Program is created within the Department of Children and 845
1255	1255	Families to provide services to Hillsborough, Leon, and Miami -846
1256	1256	Dade Counties for 1 year. The purpose of this pilot program is 847
1257	1257	to assess whether the use of involuntary examination of a minor 848
1258	1258	is appropriate before the minor is transported for an 849
1259	1259	involuntary examination. 850
1260	1260
1261	1261	HB 1459 2022
1262	1262
1263	1263
1264	1264
1265	1265	CODING: Words stricken are deletions; words underlined are additions.
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1268	1268	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269	1269
1270	1270
1271	1271
1272	1272	(2) In each of the counties participating in the pilot 851
1273	1273	program, before transporting a minor to a receiving facility for 852
1274	1274	involuntary examination pursuant to s. 394.4635(3), Florida 853
1275	1275	Statutes, the person transporting the minor must use telehealth 854
1276	1276	services to obtain the advice of a medical professional 855
1277	1277	authorized to initiate involuntary examinations as to whether 856
1278	1278	the minor meets the criteria for involuntary examination. The 857
1279	1279	telehealth services may not be provided by an entity that 858
1280	1280	provides involuntary examination services. 859
1281	1281	(3) The Department of Children and Families sha ll analyze 860
1282	1282	and compare data on the use of involuntary examinations of 861
1283	1283	minors before and after implementation of the pilot program and 862
1284	1284	shall prepare a report summarizing the impact of the pilot 863
1285	1285	program and submit the report to the Governor, the President of 864
1286	1286	the Senate, and the Speaker of the House of Representatives 865
1287	1287	within 90 days after September 1, 2023. 866
1288	1288	(4) The Legislature shall appropriate funds necessary for 867
1289	1289	the creation and administration of the pilot program. 868
1290	1290	(5) The Department of Children and Fami lies shall adopt 869
1291	1291	rules to administer the pilot program. 870
1292	1292	(6) This section expires January 1, 2024. 871
1293	1293	Section 7. Subsection (1) and paragraphs (a), (f), and (g) 872
1294	1294	of subsection (2) of section 394.463, Florida Statutes, are 873
1295	1295	amended to read: 874
1296	1296	394.463 Involuntary examination.— 875
1297	1297
1298	1298	HB 1459 2022
1299	1299
1300	1300
1301	1301
1302	1302	CODING: Words stricken are deletions; words underlined are additions.
1303	1303	hb1459-00
1304	1304	Page 36 of 41
1305	1305	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306	1306
1307	1307
1308	1308
1309	1309	(1) CRITERIA.—A person 18 years of age or older may be 876
1310	1310	taken to a receiving facility for involuntary examination if 877
1311	1311	there is reason to believe that the person has a mental illness 878
1312	1312	and because of his or her mental illness: 879
1313	1313	(a)1. The person has refused voluntary examination after 880
1314	1314	conscientious explanation and disclosure of the purpose of the 881
1315	1315	examination; or 882
1316	1316	2. The person is unable to determine for himself or 883
1317	1317	herself whether examination is necessary; and 884
1318	1318	(b)1. Without care or treatm ent, the person is likely to 885
1319	1319	suffer from neglect or refuse to care for himself or herself; 886
1320	1320	such neglect or refusal poses a real and present threat of 887
1321	1321	substantial harm to his or her well -being; and it is not 888
1322	1322	apparent that such harm may be avoided through th e help of 889
1323	1323	willing family members or friends or the provision of other 890
1324	1324	services; or 891
1325	1325	2. There is a substantial likelihood that without care or 892
1326	1326	treatment the person will cause serious bodily harm to himself 893
1327	1327	or herself or others in the near future, as eviden ced by recent 894
1328	1328	behavior. 895
1329	1329	(2) INVOLUNTARY EXAMINATION. — 896
1330	1330	(a) An involuntary examination may be initiated on a 897
1331	1331	person 18 years of age or older by any one of the following 898
1332	1332	means: 899
1333	1333	1. A circuit or county court may enter an ex parte order 900
1334	1334
1335	1335	HB 1459 2022
1336	1336
1337	1337
1338	1338
1339	1339	CODING: Words stricken are deletions; words underlined are additions.
1340	1340	hb1459-00
1341	1341	Page 37 of 41
1342	1342	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343	1343
1344	1344
1345	1345
1346	1346	stating that a person appears to meet the criteria for 901
1347	1347	involuntary examination and specifying the findings on which 902
1348	1348	that conclusion is based. The ex parte order for involuntary 903
1349	1349	examination must be based on written or oral sworn testimony 904
1350	1350	that includes specific facts that sup port the findings. If other 905
1351	1351	less restrictive means are not available, such as voluntary 906
1352	1352	appearance for outpatient evaluation, a law enforcement officer, 907
1353	1353	or other designated agent of the court, shall take the person 908
1354	1354	into custody and deliver him or her to an appropriate, or the 909
1355	1355	nearest, facility within the designated receiving system 910
1356	1356	pursuant to s. 394.462 for involuntary examination. The order of 911
1357	1357	the court shall be made a part of the patient's clinical record. 912
1358	1358	A fee may not be charged for the filing of an or der under this 913
1359	1359	subsection. A facility accepting the patient based on this order 914
1360	1360	must send a copy of the order to the department within 5 working 915
1361	1361	days. The order may be submitted electronically through existing 916
1362	1362	data systems, if available. The order shall be valid only until 917
1363	1363	the person is delivered to the facility or for the period 918
1364	1364	specified in the order itself, whichever comes first. If a time 919
1365	1365	limit is not specified in the order, the order is valid for 7 920
1366	1366	days after the date that the order was signed. 921
1367	1367	2. A law enforcement officer shall take a person who 922
1368	1368	appears to meet the criteria for involuntary examination into 923
1369	1369	custody and deliver the person or have him or her delivered to 924
1370	1370	an appropriate, or the nearest, facility within the designated 925
1371	1371
1372	1372	HB 1459 2022
1373	1373
1374	1374
1375	1375
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1379	1379	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1380	1380
1381	1381
1382	1382
1383	1383	receiving system pur suant to s. 394.462 for examination. The 926
1384	1384	officer shall execute a written report detailing the 927
1385	1385	circumstances under which the person was taken into custody, 928
1386	1386	which must be made a part of the patient's clinical record. Any 929
1387	1387	facility accepting the patient based on this report must send a 930
1388	1388	copy of the report to the department within 5 working days. 931
1389	1389	3. A physician, a physician assistant, a clinical 932
1390	1390	psychologist, a psychiatric nurse, an advanced practice 933
1391	1391	registered nurse registered under s. 464.0123, a mental healt h 934
1392	1392	counselor, a marriage and family therapist, or a clinical social 935
1393	1393	worker may execute a certificate stating that he or she has 936
1394	1394	examined a person within the preceding 48 hours and finds that 937
1395	1395	the person appears to meet the criteria for involuntary 938
1396	1396	examination and stating the observations upon which that 939
1397	1397	conclusion is based. If other less restrictive means, such as 940
1398	1398	voluntary appearance for outpatient evaluation, are not 941
1399	1399	available, a law enforcement officer shall take into custody the 942
1400	1400	person named in the certif icate and deliver him or her to the 943
1401	1401	appropriate, or nearest, facility within the designated 944
1402	1402	receiving system pursuant to s. 394.462 for involuntary 945
1403	1403	examination. The law enforcement officer shall execute a written 946
1404	1404	report detailing the circumstances under wh ich the person was 947
1405	1405	taken into custody. The report and certificate shall be made a 948
1406	1406	part of the patient's clinical record. Any facility accepting 949
1407	1407	the patient based on this certificate must send a copy of the 950
1408	1408
1409	1409	HB 1459 2022
1410	1410
1411	1411
1412	1412
1413	1413	CODING: Words stricken are deletions; words underlined are additions.
1414	1414	hb1459-00
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1416	1416	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1417	1417
1418	1418
1419	1419
1420	1420	certificate to the department within 5 working day s. The 951
1421	1421	document may be submitted electronically through existing data 952
1422	1422	systems, if applicable. 953
1423	1423	954
1424	1424	When sending the order, report, or certificate to the 955
1425	1425	department, a facility shall, at a minimum, provide information 956
1426	1426	about which action was taken regarding the patient under 957
1427	1427	paragraph (g), which information shall also be made a part of 958
1428	1428	the patient's clinical record. 959
1429	1429	(f) A patient 18 years of age or older shall be examined 960
1430	1430	by a physician or a clinical psychologist, or by a psychiatric 961
1431	1431	nurse performing within the framework of an established protocol 962
1432	1432	with a psychiatrist at a facility without unnecessary delay to 963
1433	1433	determine if the criteria for involuntary services are met. 964
1434	1434	Emergency treatment may be provided upon the order of a 965
1435	1435	physician if the physician determines t hat such treatment is 966
1436	1436	necessary for the safety of the patient or others. The patient 967
1437	1437	may not be released by the receiving facility or its contractor 968
1438	1438	without the documented approval of a psychiatrist or a clinical 969
1439	1439	psychologist or, if the receiving facility is owned or operated 970
1440	1440	by a hospital or health system, the release may also be approved 971
1441	1441	by a psychiatric nurse performing within the framework of an 972
1442	1442	established protocol with a psychiatrist, or an attending 973
1443	1443	emergency department physician with experience in t he diagnosis 974
1444	1444	and treatment of mental illness after completion of an 975
1445	1445
1446	1446	HB 1459 2022
1447	1447
1448	1448
1449	1449
1450	1450	CODING: Words stricken are deletions; words underlined are additions.
1451	1451	hb1459-00
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1453	1453	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1454	1454
1455	1455
1456	1456
1457	1457	involuntary examination pursuant to this subsection. A 976
1458	1458	psychiatric nurse may not approve the release of a patient if 977
1459	1459	the involuntary examination was initiated by a psychiatrist 978
1460	1460	unless the release is approved by the initiating psychiatrist. 979
1461	1461	(g) The examination period must be for up to 72 hours. For 980
1462	1462	a minor, the examination shall be initiated within 12 hours 981
1463	1463	after the patient's arrival at the facility. Within the 982
1464	1464	examination period or, if t he examination period ends on a 983
1465	1465	weekend or holiday, no later than the next working day 984
1466	1466	thereafter, one of the following actions must be taken, based on 985
1467	1467	the individual needs of the patient: 986
1468	1468	1. The patient shall be released, unless he or she is 987
1469	1469	charged with a crime, in which case the patient shall be 988
1470	1470	returned to the custody of a law enforcement officer; 989
1471	1471	2. The patient shall be released, subject to subparagraph 990
1472	1472	1., for voluntary outpatient treatment; 991
1473	1473	3. The patient, unless he or she is charged with a cri me, 992
1474	1474	shall be asked to give express and informed consent to placement 993
1475	1475	as a voluntary patient and, if such consent is given, the 994
1476	1476	patient shall be admitted as a voluntary patient; or 995
1477	1477	4. A petition for involuntary services shall be filed in 996
1478	1478	the circuit court if inpatient treatment is deemed necessary or 997
1479	1479	with the criminal county court, as defined in s. 394.4655(1), as 998
1480	1480	applicable. When inpatient treatment is deemed necessary, the 999
1481	1481	least restrictive treatment consistent with the optimum 1000
1482	1482
1483	1483	HB 1459 2022
1484	1484
1485	1485
1486	1486
1487	1487	CODING: Words stricken are deletions; words underlined are additions.
1488	1488	hb1459-00
1489	1489	Page 41 of 41
1490	1490	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1491	1491
1492	1492
1493	1493
1494	1494	improvement of the patient 's condition shall be made available. 1001
1495	1495	When a petition is to be filed for involuntary outpatient 1002
1496	1496	placement, it shall be filed by one of the petitioners specified 1003
1497	1497	in s. 394.4655(4)(a). A petition for involuntary inpatient 1004
1498	1498	placement shall be filed by the faci lity administrator. 1005
1499	1499	Section 8. Except as otherwise expressly provided in this 1006
1500	1500	act, this act shall take effect July 1, 2022. 1007