Florida Senate - 2023 SB 1620 By Senator Grall 29-01085D-23 20231620__ 1 A bill to be entitled 2 An act relating to childhood mental health, safety, 3 and welfare; providing legislative findings; amending 4 s. 394.495, F.S.; revising the array of services 5 offered by the child and adolescent mental health 6 system of care; amending s. 394.9086, F.S.; revising 7 the duties of the Commission on Mental Health and 8 Substance Abuse; creating s. 456.0342, F.S.; providing 9 applicability; requiring specified mental health care 10 professionals to complete a course on technology 11 addiction and pornography addiction by a specified 12 date; requiring that the course address certain 13 content; requiring certain licensing boards to include 14 the course hours in the total hours of continuing 15 education required for certain professions; creating 16 s. 490.0086, F.S.; requiring the Board of Psychology 17 to require applicants to complete a course on 18 technology addiction and pornography addiction as a 19 condition of licensure; providing a time extension for 20 certain applicants; creating s. 491.0066, F.S.; 21 requiring the Board of Clinical Social Work, Marriage 22 and Family Therapy, and Mental Health Counseling to 23 require applicants to complete a course on technology 24 addiction and pornography addiction as a condition of 25 licensure; providing a time extension for certain 26 applicants; creating s. 501.172, F.S.; defining terms; 27 requiring that a warning label be affixed to the 28 packaging of certain digital devices; providing 29 requirements for the warning label; creating s. 30 501.173, F.S.; defining terms; requiring a commercial 31 entity to verify the age of individuals attempting to 32 access certain material online; prohibiting a 33 commercial entity from retaining personal identifying 34 information; providing an exception to news entities; 35 providing that certain entities may not be held to 36 have violated the section by performing certain 37 services; creating s. 501.174, F.S.; authorizing the 38 Department of Legal Affairs to adopt rules; 39 authorizing the department to initiate a legal 40 proceeding against a party for alleged violations; 41 providing the party with a time to cure; providing 42 judicial remedies; amending s. 847.001, F.S.; revising 43 the definition of the term harmful to minors; 44 amending s. 847.012, F.S.; revising the circumstances 45 under which the distribution of harmful material to 46 minors is deemed to have occurred; providing an 47 exception for certain school-related materials; 48 amending s. 1002.321, F.S.; limiting the proportion of 49 instructional time that may be delivered in an 50 electronic or digital format; providing that 51 instructional time includes certain standardized or 52 progress monitoring assessments; requiring the State 53 Board of Education to adopt rules; requiring certain 54 schools to notify a parent of instruction given in an 55 electronic or digital format; amending s. 1002.33, 56 F.S.; revising the statutes with which a charter 57 school must comply; amending s. 1002.42, F.S.; 58 requiring private schools to publish online a list of 59 websites approved for instructional purposes; 60 requiring private schools to adopt a policy regarding 61 the use of a wireless communications device by 62 students; specifying that such policy must prohibit 63 student use of such devices for any purpose during 64 school hours, prohibit an individual from posting a 65 students image on social media which was created 66 during school hours, and prohibit the online sharing 67 of certain student location information; defining the 68 term personal wireless communications device; 69 prohibiting a students parent or guardian from 70 waiving policy requirements; amending s. 1006.07, 71 F.S.; defining the term wireless communications 72 device; requiring district school boards to adopt a 73 code of student conduct which prohibits the use of 74 wireless communications devices by students during 75 school hours; requiring district school boards to 76 adopt a policy that prohibits an individual from 77 posting a students image or location information on a 78 social media platform; providing that a students 79 parent or guardian may not waive the requirements; 80 amending s. 1006.28, F.S.; deleting a time limit for 81 the parent of a public school student to file a 82 petition to contest a school boards adoption of 83 specific instructional material; making technical 84 changes; deleting a requirement for a certain hearing; 85 requiring each district school board to annually 86 publish a list of websites for use by students for 87 instructional purposes; amending s. 1006.29, F.S.; 88 revising the definition of the term instructional 89 materials; reenacting and amending s. 1006.40, F.S., 90 relating to instructional materials allocation; 91 requiring the Department of Education to seize from 92 district school boards certain materials purchased or 93 employed which are harmful to minors; providing a 94 penalty for violations; reenacting ss. 1006.31(2) and 95 1006.34(2), F.S., relating to evaluation of 96 instructional materials and selection and adoption of 97 instructional materials, respectively, to incorporate 98 the amendment made to s. 847.012, F.S., in references 99 thereto; amending s. 1011.62, F.S.; requiring that 100 school district plans adopted in connection with the 101 Mental Health Assistance Allocation include strategies 102 or programs to reduce the likelihood of and improve 103 the early identification of students developing 104 specified addictions; amending ss. 381.88 and 1011.67, 105 F.S.; conforming cross-references; providing an 106 effective date. 107 108 Be It Enacted by the Legislature of the State of Florida: 109 110 Section 1.The Legislature finds that: 111 (1)Healthy brain development in children positively 112 impacts communication skills, focus and attention, the 113 development of executive functioning skills, the ability to 114 solve simple and complex problems, impulse control, mental 115 health, and overall wellness. 116 (2)Excessive use of digital media has been shown to 117 interfere with healthy sleep habits, expose children to 118 dangerous relationships and materials online, lead to a loss of 119 interest in activities, result in lower test scores and grades, 120 and result in an increase in addiction, aggression, depression 121 and anxiety, self-harm, attention deficit hyperactivity 122 disorder, and deceptive behaviors. 123 (3)Young children who use screens more than an hour a day 124 without parental involvement have been shown to have lower 125 levels of development in the brains white matter, which is an 126 area key to the development of language, literacy, and cognitive 127 skills. 128 (4)Chronic sensory stimulation mimics early-stage dementia 129 due to difficulty with concentration, orientation, memory 130 acquisition and recall, and self-care. 131 (5)Due to unprecedented access to digital devices, 132 children have access to pornography at higher rates than ever. 133 Such access at a young age interferes with normal development 134 and the establishment of healthy relationships. 135 (6)Excessive use of digital media negatively impacts brain 136 development in children so significantly that the cognitive and 137 mental health ramifications faced by children have manifested 138 into a public health crisis. 139 Section 2.Paragraphs (f) and (g) are added to subsection 140 (2) and paragraphs (r) and (s) are added to subsection (4) of 141 section 394.495, Florida Statutes, to read: 142 394.495Child and adolescent mental health system of care; 143 programs and services. 144 (2)The array of services must include assessment services 145 that provide a professional interpretation of the nature of the 146 problems of the child or adolescent and his or her family; 147 family issues that may impact the problems; additional factors 148 that contribute to the problems; and the assets, strengths, and 149 resources of the child or adolescent and his or her family. The 150 assessment services to be provided shall be determined by the 151 clinical needs of each child or adolescent. Assessment services 152 include, but are not limited to, evaluation and screening in the 153 following areas: 154 (f)Technology addiction. 155 (g)Pornography addiction. 156 157 The assessment for academic achievement is the financial 158 responsibility of the school district. The department shall 159 cooperate with other state agencies and the school district to 160 avoid duplicating assessment services. 161 (4)The array of services may include, but is not limited 162 to: 163 (r)Technology addiction treatment. 164 (s)Pornography addiction treatment. 165 Section 3.Paragraph (a) of subsection (4) of section 166 394.9086, Florida Statutes, is amended to read: 167 394.9086Commission on Mental Health and Substance Abuse. 168 (4)DUTIES. 169 (a)The duties of the Commission on Mental Health and 170 Substance Abuse include the following: 171 1.Conducting a review and evaluation of the management and 172 functioning of the existing publicly supported mental health and 173 substance abuse systems and services in the department, the 174 Agency for Health Care Administration, and all other departments 175 which administer mental health and substance abuse services. 176 Such review shall include, at a minimum, a review of current 177 goals and objectives, current planning, services strategies, 178 coordination management, purchasing, contracting, financing, 179 local government funding responsibility, and accountability 180 mechanisms. 181 2.Considering the unique needs of persons who are dually 182 diagnosed. 183 3.Addressing access to, financing of, and scope of 184 responsibility in the delivery of emergency behavioral health 185 care services. 186 4.Addressing the quality and effectiveness of current 187 mental health and substance abuse services delivery systems, and 188 professional staffing and clinical structure of services, roles, 189 and responsibilities of public and private providers, such as 190 community mental health centers; community substance abuse 191 agencies; hospitals, including emergency services departments; 192 law enforcement agencies; and the judicial system. 193 5.Addressing priority population groups for publicly 194 funded mental health and substance abuse services, identifying 195 the comprehensive mental health and substance abuse services 196 delivery systems, mental health and substance abuse needs 197 assessment and planning activities, and local government funding 198 responsibilities for mental health and substance abuse services. 199 6.Reviewing the implementation of chapter 2020-107, Laws 200 of Florida. 201 7.Identifying any gaps in the provision of mental health 202 and substance use disorder services. 203 8.Providing recommendations on how behavioral health 204 managing entities may fulfill their purpose of promoting service 205 continuity. 206 9.Providing recommendations on how service providers and 207 school districts can best identify, treat, and serve children 208 suffering from technology addiction or pornography addiction. 209 10.Providing Making recommendations regarding the mission 210 and objectives of state-supported mental health and substance 211 abuse services and the planning, management, staffing, 212 financing, contracting, coordination, and accountability 213 mechanisms which will best foster the recommended mission and 214 objectives. 215 11.10.Evaluating and providing making recommendations 216 regarding the establishment of a permanent, agency-level entity 217 to manage mental health, substance abuse, and related services 218 statewide. At a minimum, the evaluation must consider and 219 describe the: 220 a.Specific duties and organizational structure proposed 221 for the entity; 222 b.Resource needs of the entity and possible sources of 223 funding; 224 c.Estimated impact on access to and quality of services; 225 d.Impact on individuals with behavioral health needs and 226 their families, both those currently served through the affected 227 systems providing behavioral health services and those in need 228 of services; and 229 e.Relation to, integration with, and impact on providers, 230 managing entities, communities, state agencies, and systems 231 which provide mental health and substance abuse services in this 232 state. Such recommendations must ensure that the ability of such 233 other agencies and systems to carry out their missions and 234 responsibilities is not impaired. 235 Section 4.Section 456.0342, Florida Statutes, is created 236 to read: 237 456.0342Required instruction on technology addiction and 238 pornography addiction.The requirements of this section apply to 239 each person licensed or certified under chapter 490 or chapter 240 491, as a psychiatric nurse as defined in s. 394.455, as a 241 psychiatrist as defined in s. 394.455, or as a physician 242 assistant under chapter 458. 243 (1)By January 1, 2024, each such licensed or certified 244 practitioner shall complete a board-approved 2-hour continuing 245 education course on the treatment of technology addiction and 246 pornography addiction. The course must address the assessment, 247 treatment, and management of technology addiction and 248 pornography addiction. 249 (2)Each licensing board that requires a licensee or 250 certificateholder, as applicable, to complete a course pursuant 251 to this section must include the hours required for completion 252 in the total hours of continuing education required by law for 253 such profession. 254 Section 5.Section 490.0086, Florida Statutes, is created 255 to read: 256 490.0086Requirement for instruction on technology 257 addiction and pornography addiction.Beginning January 1, 2024, 258 the board shall require, as a condition of granting a license 259 under this chapter, that an applicant making initial application 260 for licensure complete an education course acceptable to the 261 board on technology addiction and pornography addiction. Upon 262 submission of an affidavit showing good cause, an applicant who 263 has not taken the course at the time of licensure must be 264 allowed 6 months to comply with this section. 265 Section 6.Section 491.0066, Florida Statutes, is created 266 to read: 267 491.0066Requirement for instruction on technology 268 addiction and pornography addiction.Beginning January 1, 2024, 269 the board shall require, as a condition of granting a license 270 under this chapter, that an applicant making initial application 271 for licensure complete an education course acceptable to the 272 board on technology addiction and pornography addiction. Upon 273 submission of an affidavit showing good cause, an applicant who 274 has not taken the course at the time of licensure must be 275 allowed 6 months to comply with this section. 276 Section 7.Section 501.172, Florida Statutes, is created to 277 read: 278 501.172Digital devices. 279 (1)DEFINITIONS.As used in this section, the term: 280 (a)Digital device means an electronic device that can 281 create, generate, send, share, communicate, receive, display, or 282 process information, and includes, but is not limited to, 283 desktop and laptop computers, computer tablets, mobile 284 telephones, smartphones, and any similar device that currently 285 exists or may exist as technology develops. 286 (b)Manufacturer means a business that is classified in 287 Sector 334, Computer and Electronic Product Manufacturing, of 288 the National American Industry Classification System (NAICS). 289 (c)Packaging means any container or wrapping in which a 290 consumer commodity is enclosed for use in the delivery or 291 display of such consumer commodity to retail purchasers. 292 (2)REQUIRED WARNING LABEL.Any new digital device 293 manufactured by a manufacturer to be sold in this state must 294 include a warning label affixed to the packaging. The warning 295 label must include clear and conspicuous text that conveys all 296 of the following: 297 (a)The use of digital devices can cause people, especially 298 minors, to become addicted to such use. 299 (b)Excessive use of digital devices can lead to 300 undesirable behavior patterns and psychological effects. 301 Section 8.Section 501.173, Florida Statutes, is created to 302 read: 303 501.173Age verification. 304 (1)DEFINITIONS.As used in this section, the term: 305 (a)Commercial entity includes corporations, limited 306 liability companies, partnerships, limited partnerships, sole 307 proprietorships, or other legally recognized entities. 308 (b)Distribute means to issue, sell, give, provide, 309 deliver, transfer, transmute, circulate, or disseminate by any 310 means. 311 (c)Internet means the international computer network of 312 both federal and nonfederal interoperable packet-switched data 313 networks. 314 (d)Material harmful to minors has the same meaning as in 315 s. 847.001. 316 (e)Minor means any person under the age of 18 years. 317 (f)News-gathering organization means: 318 1.A newspaper, news publication, or news source, printed 319 or published online or on a mobile platform, of current news and 320 public interest, and includes an employee who can provide 321 documentation of such employment. 322 2.A radio broadcast station, television broadcast station, 323 cable television operator, or wire service, and includes an 324 employee who can provide documentation of such employment. 325 (g)Publish means to communicate or make information 326 available to another person or entity on a publicly available 327 Internet website. 328 (h)Reasonable age verification methods means verifying 329 that the person seeking to access certain material is 18 years 330 of age or older by complying with an age verification system 331 that verifies in any of the following ways: 332 1.Government-issued identification. 333 2.Any commercially reasonable method that relies on public 334 or private transactional data to verify that the person 335 attempting to access the information is at least 18 years of age 336 or older. 337 (i)Substantial portion means more than 33.3 percent of 338 total material on a website which meets the definition of 339 material harmful to minors as defined by this section. 340 (j)Transactional data means a sequence of information 341 that documents an exchange, an agreement, or a transfer between 342 an individual, a commercial entity, or a third party used for 343 the purpose of satisfying a request or an event. Transactional 344 data can include, but is not limited to, records from mortgage, 345 education, and employment entities. 346 (2)A commercial entity shall use age verification methods 347 to verify the age of individuals attempting to access material 348 deemed harmful to minors on the Internet from a website that 349 contains a substantial portion of such material. 350 (3)Any commercial entity or third party that performs the 351 required age verification may not retain any personal 352 identifying information of the individual after access has been 353 granted to the material. 354 (4)This section does not apply to any bona fide news or 355 public interest broadcast, website video, report, or event and 356 may not be construed to affect the rights of any news-gathering 357 organizations. 358 (5)An Internet service provider or its affiliates or 359 subsidiaries, a search engine provider, or a cloud service 360 provider may not be held to have violated this section solely 361 for providing access or connection to or from a website or to 362 other information or content on the Internet or a facility, 363 system, or network not under that providers control, including 364 transmission, downloading, intermediate storage, access 365 software, or other, to the extent such provider is not 366 responsible for the creation of the content of the communication 367 which constitutes material harmful to minors. 368 Section 9.Section 501.174, Florida Statutes, is created to 369 read: 370 501.174Enforcement; Attorney General; rules. 371 (1)The Department of Legal Affairs may adopt rules to 372 implement this section. If the department has reason to believe 373 that a manufacturer or consumer entity is in violation of s. 374 501.172 or s. 501.173 and that a proceeding would be in the 375 public interest, the department may initiate an appropriate 376 legal proceeding against such party. 377 (2)After the department has notified a party in writing of 378 an alleged violation, the department may grant the party a 30 379 day period to cure the alleged violation. If the party cures the 380 alleged violation to the satisfaction of the department and 381 provides proof of such cure to the department, the department 382 may issue a letter of guidance to the party which indicates that 383 the party will not be offered a 30-day cure period for any 384 future violations. If the party fails to cure the violation 385 within 30 days, the department may bring an action against the 386 party for the alleged violation. 387 (3)The trial court, upon a showing that any party is in 388 violation of s. 501.172 or s. 501.173, may take any of the 389 following actions: 390 (a)Issue a temporary or permanent injunction. 391 (b)Impose a civil penalty of not more than $7,500 for each 392 violation. 393 (c)Award reasonable costs of enforcement, including 394 reasonable attorney fees and costs. 395 (d)Grant such other relief as the court may deem 396 appropriate. 397 Section 10.Subsection (7) of section 847.001, Florida 398 Statutes, is amended to read: 399 847.001Definitions.As used in this chapter, the term: 400 (7)Harmful to minors means any reproduction, imitation, 401 characterization, description, exhibition, presentation, or 402 representation, of whatever kind or form, depicting nudity, 403 sexual conduct, or sexual excitement, including, but not limited 404 to, pubic hair, the anus, the vulva, genitals, or the nipple of 405 the female breast; touching, caressing, or fondling of nipples, 406 breasts, buttocks, anuses, or genitals; or sexual intercourse, 407 masturbation, sodomy, bestiality, oral copulation, flagellation, 408 excretory functions, or any other sexual act or exhibition. 409 when it: 410 (a)Predominantly appeals to a prurient, shameful, or 411 morbid interest; 412 (b)Is patently offensive to prevailing standards in the 413 adult community as a whole with respect to what is suitable 414 material or conduct for minors; and 415 (c)Taken as a whole, is without serious literary, 416 artistic, political, or scientific value for minors. 417 418 A mothers breastfeeding of her baby is not under any 419 circumstance harmful to minors. 420 Section 11.Subsections (3) and (5) of section 847.012, 421 Florida Statutes, are amended to read: 422 847.012Harmful materials; sale or distribution to minors 423 or using minors in production prohibited; penalty. 424 (3)A person may not knowingly sell, rent, give, send, 425 show, or loan for monetary consideration to a minor: 426 (a)Any picture, photograph, drawing, sculpture, motion 427 picture film, videocassette, social media post, or digital 428 video, or similar visual representation or image, of a person or 429 portion of the human body which depicts nudity or sexual 430 conduct, sexual excitement, sexual battery, bestiality, or 431 sadomasochistic abuse and which is harmful to minors; or 432 (b)Any book, pamphlet, magazine, printed matter however 433 reproduced, or sound recording that contains any matter defined 434 in s. 847.001, explicit and detailed verbal descriptions or 435 narrative accounts of sexual excitement, or sexual conduct and 436 that is harmful to minors. 437 (5)An adult may not knowingly distribute to a minor on 438 school property, or post on school property, any material 439 described in subsection (3). As used in this subsection, the 440 term school property means the grounds or facility of any 441 kindergarten, elementary school, middle school, junior high 442 school, or secondary school, whether public or nonpublic. This 443 subsection does not apply to the distribution or posting of 444 materials aligned with the state academic standards under s. 445 1003.41 school-approved instructional materials that by design 446 serve as a major tool for assisting in the instruction of a 447 subject or course by school officers, instructional personnel, 448 administrative personnel, school volunteers, educational support 449 employees, or managers as those terms are defined in s. 1012.01. 450 Section 12.Subsections (7) and (8) are added to section 451 1002.321, Florida Statutes, to read: 452 1002.321Digital learning. 453 (7)LIMITATIONS.Notwithstanding ss. 1002.37, 1002.45, 454 1002.451, 1002.455, and 1003.499, no more than 10 percent of 455 instructional time given in a traditional school setting for 456 prekindergarten through grade 8 in a public school, including 457 charter schools, may be delivered in an electronic format or a 458 digital format as those terms are defined in s. 1006.29(3)(a) 459 and (b), respectively. 460 (a)Instructional time delivered in an electronic format or 461 a digital format includes any statewide or schoolwide 462 standardized or progress monitoring assessment administered 463 pursuant to s. 1008.22. 464 (b)The State Board of Education shall adopt rules pursuant 465 to ss. 120.536(1) and 120.54 to administer this subsection. 466 (8)PARENTAL NOTIFICATION AND REVIEW.A public school, 467 including a charter school, must notify a parent of instruction 468 that will be delivered to a student in an electronic format or a 469 digital format. All such instructional material must be made 470 available to the parent to review and access in advance. 471 Section 13.Paragraph (b) of subsection (16) of section 472 1002.33, Florida Statutes, is amended to read: 473 1002.33Charter schools. 474 (16)EXEMPTION FROM STATUTES. 475 (b)Additionally, a charter school shall be in compliance 476 with the following statutes: 477 1.Section 286.011, relating to public meetings and 478 records, public inspection, and criminal and civil penalties. 479 2.Chapter 119, relating to public records. 480 3.Section 1003.03, relating to the maximum class size, 481 except that the calculation for compliance pursuant to s. 482 1003.03 shall be the average at the school level. 483 4.Section 1012.22(1)(c), relating to compensation and 484 salary schedules. 485 5.Section 1012.33(5), relating to workforce reductions. 486 6.Section 1012.335, relating to contracts with 487 instructional personnel hired on or after July 1, 2011. 488 7.Section 1012.34, relating to the substantive 489 requirements for performance evaluations for instructional 490 personnel and school administrators. 491 8.Section 1006.12, relating to safe-school officers. 492 9.Section 1006.07(7), relating to threat assessment teams. 493 10.Section 1006.07(9), relating to School Environmental 494 Safety Incident Reporting. 495 11.Section 1006.07(10), relating to reporting of 496 involuntary examinations. 497 12.Section 1006.1493, relating to the Florida Safe Schools 498 Assessment Tool. 499 13.Section 1006.07(6)(d), relating to adopting an active 500 assailant response plan. 501 14.Section 943.082(4)(b), relating to the mobile 502 suspicious activity reporting tool. 503 15.Section 1012.584, relating to youth mental health 504 awareness and assistance training. 505 16.Section 1006.07(2)(f), relating to wireless 506 communications devices. 507 17.Section 1006.07(12), relating to online posting or 508 sharing of student images or of the location of students in such 509 images. 510 18.Section 1006.28(4)(f), relating to posting of 511 electronic instructional material. 512 Section 14.Present subsections (12) through (17) of 513 section 1002.42, Florida Statutes, are redesignated as 514 subsections (13) through (18), respectively, a new subsection 515 (12) is added to that section, and subsection (10) of that 516 section is amended, to read: 517 1002.42Private schools. 518 (10)INSTRUCTIONAL MATERIALS. 519 (a)A private school shall publish on the schools website 520 in an easily accessible location a list of the websites approved 521 for use by teachers and students for instructional purposes. 522 (b)District school boards may dispose of instructional 523 materials when they become unserviceable or surplus or are no 524 longer on state contract by giving them to a private school in 525 accordance with the provisions of s. 1006.41. 526 (12)INTERNET SAFETY. 527 (a)A private school shall adopt a policy regarding student 528 use of a personal wireless communications device while on school 529 property or in attendance at a school function. Such policy must 530 include a prohibition on student use of a personal wireless 531 communications device for any purpose during school hours. For 532 the purposes of this paragraph, the term personal wireless 533 communications device means hardware that uses wireless 534 technology to transmit and receive data, and includes, but is 535 not limited to, a wireless telephone, text-messaging device, 536 computer tablet, or laptop computer. 537 (b)Each private school shall adopt a policy that prohibits 538 an individual, including, but not limited to, a student, an 539 employee, or a contractor, from posting online to any social 540 media platform as defined in s. 501.2041 a students image 541 created during school hours. Such policy must also prohibit the 542 online sharing of any information that could identify the 543 location of a student at the time the information is shared. A 544 students parent or guardian may not waive the requirements of 545 this paragraph. 546 Section 15.Paragraph (f) of subsection (2) of section 547 1006.07, Florida Statutes, is amended, and subsection (12) is 548 added to that section, to read: 549 1006.07District school board duties relating to student 550 discipline and school safety.The district school board shall 551 provide for the proper accounting for all students, for the 552 attendance and control of students at school, and for proper 553 attention to health, safety, and other matters relating to the 554 welfare of students, including: 555 (2)CODE OF STUDENT CONDUCT.Adopt a code of student 556 conduct for elementary schools and a code of student conduct for 557 middle and high schools and distribute the appropriate code to 558 all teachers, school personnel, students, and parents, at the 559 beginning of every school year. Each code shall be organized and 560 written in language that is understandable to students and 561 parents and shall be discussed at the beginning of every school 562 year in student classes, school advisory council meetings, and 563 parent and teacher association or organization meetings. Each 564 code shall be based on the rules governing student conduct and 565 discipline adopted by the district school board and shall be 566 made available in the student handbook or similar publication. 567 Each code shall include, but is not limited to: 568 (f)Notice that use of a wireless communications device 569 includes the possibility of the imposition of disciplinary 570 action by the school or criminal penalties if the device is used 571 in a criminal act. For purposes of this paragraph, the term 572 wireless communications device means hardware that uses 573 wireless technology to transmit and receive data, and includes, 574 but is not limited to, a wireless telephone, text-messaging 575 device, computer tablet, or laptop computer. A student may 576 possess a wireless communications device while the student is on 577 school property or in attendance at a school function. Each 578 district school board shall adopt rules governing the use of a 579 wireless communications device by a student while the student is 580 on school property or in attendance at a school function. Such 581 rules must include a prohibition on student use of a personal 582 wireless communications device for any purpose during school 583 hours. 584 (12)INTERNET SAFETY.Each district school board shall 585 adopt a policy that prohibits an individual, including, but not 586 limited to, a student, an employee, or a contractor, from 587 posting online to any social media platform as defined in s. 588 501.2041 a students image created during school hours. Such 589 policy must also prohibit the online sharing of any information 590 that could identify the location of a student at the time the 591 information is shared. A students parent or guardian may not 592 waive the requirements of this subsection. 593 Section 16.Paragraph (a) of subsection (2) of section 594 1006.28, Florida Statutes, is amended, and paragraph (f) is 595 added to that subsection, to read: 596 1006.28Duties of district school board, district school 597 superintendent; and school principal regarding K-12 598 instructional materials. 599 (2)DISTRICT SCHOOL BOARD.The district school board has 600 the constitutional duty and responsibility to select and provide 601 adequate instructional materials for all students in accordance 602 with the requirements of this part. The district school board 603 also has the following specific duties and responsibilities: 604 (a)Courses of study; adoption.Adopt courses of study, 605 including instructional materials, for use in the schools of the 606 district. 607 1.Each district school board is responsible for the 608 content of all instructional materials and any other materials 609 used in a classroom, made available in a school library, or 610 included on a reading list, whether adopted and purchased from 611 the state-adopted instructional materials list, adopted and 612 purchased through a district instructional materials program 613 under s. 1006.283, or otherwise purchased or made available. 614 2.Each district school board shall must adopt a policy 615 regarding an objection by a parent or a resident of the county 616 to the use of a specific material, which clearly describes a 617 process to handle all objections and provides for resolution. 618 The process must provide the parent or resident the opportunity 619 to proffer evidence to the district school board that: 620 a.An instructional material does not meet the criteria of 621 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 622 a course or otherwise made available to students in the school 623 district but was not subject to the public notice, review, 624 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 625 and 11. 626 b.Any material used in a classroom, made available in a 627 school library, or included on a reading list contains content 628 that is pornographic or prohibited under s. 847.012, is not 629 suited to student needs and their ability to comprehend the 630 material presented, or is inappropriate for the grade level and 631 age group for which the material is used. 632 633 If the district school board finds that an instructional 634 material does not meet the criteria under sub-subparagraph a. or 635 that any other material contains prohibited content under sub 636 subparagraph b., the school district must shall discontinue use 637 of the material for any grade level or age group for which such 638 use is inappropriate or unsuitable. 639 3.Each district school board shall must establish a 640 process by which the parent of a public school student or a 641 resident of the county may contest the district school boards 642 adoption of a specific instructional material. The parent or 643 resident must file a petition, on a form provided by the school 644 board, within 30 calendar days after the adoption of the 645 instructional material by the school board. The school board 646 shall must make the form available to the public and publish the 647 form on the school districts website. The form must be signed 648 by the parent or resident, include the required contact 649 information, and state the objection to the instructional 650 material based on the criteria of s. 1006.31(2) or s. 651 1006.40(3)(d). Within 30 days after the 30-day period has 652 expired, the school board must, for all petitions timely 653 received, conduct at least one open public hearing before an 654 unbiased and qualified hearing officer. The hearing officer may 655 not be an employee or agent of the school district. The hearing 656 before the school board is not subject to the provisions of 657 chapter 120; however, the hearing must provide sufficient 658 procedural protections that to allow each petitioner an adequate 659 and fair opportunity to be heard and present evidence to the 660 hearing officer. The school boards decision after convening a 661 hearing is final agency action and is not subject to further 662 petition or review pursuant to chapter 120. 663 4.Meetings of committees convened for the purpose of 664 ranking, eliminating, or selecting instructional materials for 665 recommendation to the district school board must be noticed and 666 open to the public in accordance with s. 286.011. Any committees 667 convened for such purposes must include parents of district 668 students. 669 (f)Websites.Annually publish to the school boards 670 website a list of all websites or software applications adopted 671 for use by teachers and students for instructional purposes. 672 Section 17.Subsection (2) of section 1006.29, Florida 673 Statutes, is amended to read: 674 1006.29State instructional materials reviewers. 675 (2)For purposes of this part, the term instructional 676 materials means items having intellectual content that by 677 design serve as a major tool for assisting in the instruction of 678 a subject or course. These items may be available in bound, 679 unbound, kit, or package form and may consist of hardbacked or 680 softbacked textbooks, electronic content, consumables, learning 681 laboratories, manipulatives, electronic media that includes 682 Internet websites, and computer courseware or software. A 683 publisher or manufacturer providing instructional materials as a 684 single bundle shall also make the instructional materials 685 available as separate and unbundled items, each priced 686 individually. A publisher may also offer sections of state 687 adopted instructional materials in digital or electronic 688 versions at reduced rates to districts, schools, and teachers. 689 Section 18.For the purpose of incorporating the amendment 690 made by this act to section 847.012, Florida Statutes, in a 691 reference thereto, paragraph (d) of subsection (3) of section 692 1006.40, Florida Statutes, is reenacted, and subsection (4) of 693 that section is amended, to read: 694 1006.40Use of instructional materials allocation; 695 instructional materials, library books, and reference books; 696 repair of books. 697 (3) 698 (d)Any materials purchased pursuant to this section must 699 be: 700 1.Free of pornography and material prohibited under s. 701 847.012. 702 2.Suited to student needs and their ability to comprehend 703 the material presented. 704 3.Appropriate for the grade level and age group for which 705 the materials are used or made available. 706 (4)(a)Each district school board is responsible for the 707 content of all materials used in a classroom or otherwise made 708 available to students. Each district school board shall adopt 709 rules, and each district school superintendent shall implement 710 procedures, that: 711 1.(a)Maximize student use of the district-approved 712 instructional materials. 713 2.(b)Provide a process for public review of, public 714 comment on, and the adoption of materials, including those used 715 to provide instruction required by s. 1003.42, which satisfies 716 the requirements of s. 1006.283(2)(b)8., 9., and 11. 717 (b)If a district school board is found by the Department 718 of Education to have purchased or employed material harmful to 719 minors as defined in s. 847.001, the department must seize such 720 materials. 721 Section 19.For the purpose of incorporating the amendment 722 made by this act to section 847.012, Florida Statutes, in a 723 reference thereto, subsection (2) of section 1006.31, Florida 724 Statutes, is reenacted to read: 725 1006.31Duties of the Department of Education and school 726 district instructional materials reviewer.The duties of the 727 instructional materials reviewer are: 728 (2)EVALUATION OF INSTRUCTIONAL MATERIALS.To use the 729 selection criteria listed in s. 1006.34(2)(b) and recommend for 730 adoption only those instructional materials aligned with the 731 Next Generation Sunshine State Standards provided for in s. 732 1003.41. Instructional materials recommended by each reviewer 733 shall be, to the satisfaction of each reviewer, accurate, 734 objective, balanced, noninflammatory, current, free of 735 pornography and material prohibited under s. 847.012, and suited 736 to student needs and their ability to comprehend the material 737 presented. Reviewers shall consider for recommendation materials 738 developed for academically talented students, such as students 739 enrolled in advanced placement courses. When recommending 740 instructional materials, each reviewer shall: 741 (a)Include only instructional materials that accurately 742 portray the ethnic, socioeconomic, cultural, religious, 743 physical, and racial diversity of our society, including men and 744 women in professional, career, and executive roles, and the role 745 and contributions of the entrepreneur and labor in the total 746 development of this state and the United States. 747 (b)Include only materials that accurately portray, 748 whenever appropriate, humankinds place in ecological systems, 749 including the necessity for the protection of our environment 750 and conservation of our natural resources and the effects on the 751 human system of the use of tobacco, alcohol, controlled 752 substances, and other dangerous substances. 753 (c)Include materials that encourage thrift, fire 754 prevention, and humane treatment of people and animals. 755 (d)Require, when appropriate to the comprehension of 756 students, that materials for social science, history, or civics 757 classes contain the Declaration of Independence and the 758 Constitution of the United States. A reviewer may not recommend 759 any instructional materials that contain any matter reflecting 760 unfairly upon persons because of their race, color, creed, 761 national origin, ancestry, gender, religion, disability, 762 socioeconomic status, or occupation or otherwise contradict the 763 principles enumerated under s. 1003.42(3). 764 Section 20.For the purpose of incorporating the amendment 765 made by this act to section 847.012, Florida Statutes, in a 766 reference thereto, subsection (2) of section 1006.34, Florida 767 Statutes, is reenacted to read: 768 1006.34Powers and duties of the commissioner and the 769 department in selecting and adopting instructional materials. 770 (2)SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS. 771 (a)The department shall notify all publishers and 772 manufacturers of instructional materials who have submitted bids 773 that within 3 weeks after the deadline for receiving bids, at a 774 designated time and place, it will open the bids submitted and 775 deposited with it. At the time and place designated, the bids 776 shall be opened, read, and tabulated in the presence of the 777 bidders or their representatives. No one may revise his or her 778 bid after the bids have been filed. When all bids have been 779 carefully considered, the commissioner shall, from the list of 780 suitable, usable, and desirable instructional materials reported 781 by the state instructional materials reviewers, select and adopt 782 instructional materials for each grade and subject field in the 783 curriculum of public elementary, middle, and high schools in 784 which adoptions are made and in the subject areas designated in 785 the advertisement. The adoption shall continue for the period 786 specified in the advertisement, beginning on the ensuing April 787 1. The adoption shall not prevent the extension of a contract as 788 provided in subsection (3). The commissioner shall always 789 reserve the right to reject any and all bids. The commissioner 790 may ask for new sealed bids from publishers or manufacturers 791 whose instructional materials were recommended by the state 792 instructional materials reviewers as suitable, usable, and 793 desirable; specify the dates for filing such bids and the date 794 on which they shall be opened; and proceed in all matters 795 regarding the opening of bids and the awarding of contracts as 796 required by this part. In all cases, bids shall be accompanied 797 by a cash deposit or certified check of from $500 to $2,500, as 798 the department may direct. The department, in adopting 799 instructional materials, shall give due consideration both to 800 the prices bid for furnishing instructional materials and to the 801 report and recommendations of the state instructional materials 802 reviewers. When the commissioner has finished with the report of 803 the state instructional materials reviewers, the report shall be 804 filed and preserved with the department and shall be available 805 at all times for public inspection. 806 (b)In the selection of instructional materials, library 807 media, and other reading material used in the public school 808 system, the standards used to determine the propriety of the 809 material shall include: 810 1.The age of the students who normally could be expected 811 to have access to the material. 812 2.The educational purpose to be served by the material. 813 Priority shall be given to the selection of materials that align 814 with the Next Generation Sunshine State Standards as provided 815 for in s. 1003.41 and include the instructional objectives 816 contained within the curriculum frameworks for career and 817 technical education and adult and adult general education 818 adopted by rule of the State Board of Education under s. 819 1004.92. 820 3.The degree to which the material would be supplemented 821 and explained by mature classroom instruction as part of a 822 normal classroom instructional program. 823 4.The consideration of the broad racial, ethnic, 824 socioeconomic, and cultural diversity of the students of this 825 state. 826 827 Any instructional material containing pornography or otherwise 828 prohibited by s. 847.012 may not be used or made available 829 within any public school. 830 Section 21.Paragraph (b) of subsection (13) of section 831 1011.62, Florida Statutes, is amended to read: 832 1011.62Funds for operation of schools.If the annual 833 allocation from the Florida Education Finance Program to each 834 district for operation of schools is not determined in the 835 annual appropriations act or the substantive bill implementing 836 the annual appropriations act, it shall be determined as 837 follows: 838 (13)MENTAL HEALTH ASSISTANCE ALLOCATION.The mental health 839 assistance allocation is created to provide funding to assist 840 school districts in establishing or expanding school-based 841 mental health care; train educators and other school staff in 842 detecting and responding to mental health issues; and connect 843 children, youth, and families who may experience behavioral 844 health issues with appropriate services. These funds shall be 845 allocated annually in the General Appropriations Act or other 846 law to each eligible school district. Each school district shall 847 receive a minimum of $100,000, with the remaining balance 848 allocated based on each school districts proportionate share of 849 the states total unweighted full-time equivalent student 850 enrollment. Charter schools that submit a plan separate from the 851 school district are entitled to a proportionate share of 852 district funding. The allocated funds may not supplant funds 853 that are provided for this purpose from other operating funds 854 and may not be used to increase salaries or provide bonuses. 855 School districts are encouraged to maximize third-party health 856 insurance benefits and Medicaid claiming for services, where 857 appropriate. 858 (b)The plans required under paragraph (a) must be focused 859 on a multitiered system of supports to deliver evidence-based 860 mental health care assessment, diagnosis, intervention, 861 treatment, and recovery services to students with one or more 862 mental health or co-occurring substance abuse diagnoses and to 863 students at high risk of such diagnoses. The provision of these 864 services must be coordinated with a students primary mental 865 health care provider and with other mental health providers 866 involved in the students care. At a minimum, the plans must 867 include the following elements: 868 1.Direct employment of school-based mental health services 869 providers to expand and enhance school-based student services 870 and to reduce the ratio of students to staff in order to better 871 align with nationally recommended ratio models. These providers 872 include, but are not limited to, certified school counselors, 873 school psychologists, school social workers, and other licensed 874 mental health professionals. The plan also must identify 875 strategies to increase the amount of time that school-based 876 student services personnel spend providing direct services to 877 students, which may include the review and revision of district 878 staffing resource allocations based on school or student mental 879 health assistance needs. 880 2.Contracts or interagency agreements with one or more 881 local community behavioral health providers or providers of 882 Community Action Team services to provide a behavioral health 883 staff presence and services at district schools. Services may 884 include, but are not limited to, mental health screenings and 885 assessments, individual counseling, family counseling, group 886 counseling, psychiatric or psychological services, trauma 887 informed care, mobile crisis services, and behavior 888 modification. These behavioral health services may be provided 889 on or off the school campus and may be supplemented by 890 telehealth. 891 3.Policies and procedures, including contracts with 892 service providers, which will ensure that: 893 a.Students referred to a school-based or community-based 894 mental health service provider for mental health screening for 895 the identification of mental health concerns and students at 896 risk for mental health disorders are assessed within 15 days of 897 referral. School-based mental health services must be initiated 898 within 15 days after identification and assessment, and support 899 by community-based mental health service providers for students 900 who are referred for community-based mental health services must 901 be initiated within 30 days after the school or district makes a 902 referral. 903 b.Parents of a student receiving services under this 904 subsection are provided information about other behavioral 905 health services available through the students school or local 906 community-based behavioral health services providers. A school 907 may meet this requirement by providing information about and 908 Internet addresses for web-based directories or guides for local 909 behavioral health services. 910 c.Individuals living in a household with a student 911 receiving services under this subsection are provided 912 information about behavioral health services available through 913 other delivery systems or payors for which such individuals may 914 qualify, if such services appear to be needed or enhancements in 915 those individuals behavioral health would contribute to the 916 improved well-being of the student. 917 4.Strategies or programs to reduce the likelihood of at 918 risk students developing social, emotional, or behavioral health 919 problems, depression, anxiety disorders, suicidal tendencies, 920 technology addiction, pornography addiction, or substance use 921 disorders. 922 5.Strategies to improve the early identification of 923 social, emotional, or behavioral problems or substance use 924 disorders, including, but not limited to, technology addiction 925 and pornography addiction, to improve the provision of early 926 intervention services, and to assist students in dealing with 927 trauma and violence. 928 6.Procedures to assist a mental health services provider 929 or a behavioral health provider as described in subparagraph 1. 930 or subparagraph 2., respectively, or a school resource officer 931 or school safety officer who has completed mental health crisis 932 intervention training in attempting to verbally de-escalate a 933 students crisis situation before initiating an involuntary 934 examination pursuant to s. 394.463. Such procedures must include 935 strategies to de-escalate a crisis situation for a student with 936 a developmental disability as that term is defined in s. 937 393.063. 938 7.Policies of the school district which must require that 939 in a student crisis situation, school or law enforcement 940 personnel must make a reasonable attempt to contact a mental 941 health professional who may initiate an involuntary examination 942 pursuant to s. 394.463, unless the child poses an imminent 943 danger to themselves or others, before initiating an involuntary 944 examination pursuant to s. 394.463. Such contact may be in 945 person or using telehealth as defined in s. 456.47. The mental 946 health professional may be available to the school district 947 either by contracts or interagency agreements with the managing 948 entity, one or more local community behavioral health providers, 949 or the local mobile response team or be a direct or contracted 950 school district employee. 951 Section 22.Paragraph (b) of subsection (2) of section 952 381.88, Florida Statutes, is amended to read: 953 381.88Emergency allergy treatment. 954 (2)As used in this section and s. 381.885, the term: 955 (b)Authorized entity means an entity or organization at 956 or in connection with which allergens capable of causing a 957 severe allergic reaction may be present. The term includes, but 958 is not limited to, restaurants, recreation camps, youth sports 959 leagues, theme parks and resorts, and sports arenas. However, a 960 school as described in s. 1002.20(3)(i) or s. 1002.42(18)(b) s. 961 1002.42(17)(b) is an authorized entity for the purposes of s. 962 381.885(4) and (5) only. 963 Section 23.Subsection (2) of section 1011.67, Florida 964 Statutes, is amended to read: 965 1011.67Funds for instructional materials. 966 (2)Annually by July 1 and before the release of 967 instructional materials funds, each district school 968 superintendent shall certify to the Commissioner of Education 969 that the district school board has approved a comprehensive 970 staff development plan that supports fidelity of implementation 971 of instructional materials programs, including verification that 972 training was provided; that the materials are being implemented 973 as designed; and, beginning July 1, 2021, for core reading 974 materials and reading intervention materials used in 975 kindergarten through grade 5, that the materials meet the 976 requirements of s. 1001.215(8). Such instructional materials, as 977 evaluated and identified pursuant to s. 1001.215(4), may be 978 purchased by the school district with funds under this section 979 without undergoing the adoption procedures under s. 980 1006.40(4)(a)2 s. 1006.40(4)(b). The certification must identify 981 any material that received an objection pursuant to s. 1006.28 982 for the school year and the specific objections thereto, each 983 material that was removed or discontinued as a result of an 984 objection, and the grade level and course for which a removed or 985 discontinued material was used, as applicable. This subsection 986 does not preclude school districts from purchasing or using 987 other materials to supplement reading instruction and provide 988 additional skills practice. 989 Section 24.This act shall take effect July 1, 2023.