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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
A bill to be entitled 1
An act relating to mental health and substance use 2
disorders; amending s. 394.457, F.S.; requiring the 3
Department of Children and Families to require certain 4
providers to use a specified assessment tool; revising 5
the minimum standards for a mobile crisis r esponse 6
service; amending s. 394.459, F.S.; requiring 7
facilities to update treatment plans within specified 8
timeframes; amending s. 394.468, F.S.; revising 9
requirements for discharge planning regarding 10
medications; amending s. 394.495, F.S.; requiring use 11
of a specified assessment tool; providing an 12
exception; requiring the Department of Children and 13
Families, in consultation with the Department of 14
Education, to conduct a review biennially of school -15
based behavioral health access through telehealth; 16
providing requirements for review; requiring the 17
Department of Children and Families to submit to the 18
Governor and the Legislature its findings by a 19
specified date; providing for expiration of the 20
review; amending s. 394.659, F.S.; requiring the 21
Criminal Justice, Mental Health, and Substance Abuse 22
Technical Assistance Center at the Louis de la Parte 23
Florida Mental Health Institute at the University of 24
South Florida to disseminate among grantees certain 25
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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
evidence-based practices and best practices; defining 26
the term "person-first language"; amending s. 394.875, 27
F.S.; requiring the Department of Children and 28
Families, in consultation with the Agency for Health 29
Care Administration, to conduct a review biennially to 30
identify needs regarding short -term residential 31
treatment facilities and beds; specifying actions the 32
department must take under certain conditions; 33
amending s. 394.9082, F.S.; requiring managing 34
entities to promote use of person -first language and 35
trauma-informed care and require use of a specified 36
assessment tool; amending s. 1004.44, F.S.; revising 37
the assistance and services the Louis de la Parte 38
Florida Mental Health Institute is required to 39
provide; revising the requirements of the Florida 40
Center for Behavioral Health Workforce to promote 41
behavioral health professions; amending s. 1006.041, 42
F.S.; revising the plan components for mental health 43
assistance programs; reenacting s. 394.463(2)(g), 44
F.S., relating to involuntary examination, to 45
incorporate the amendment made to s. 394.468, F.S., in 46
a reference thereto; reenacting s. 394.4955(2)(c) and 47
(6), F.S., relating to coordinated system of care and 48
child and adolescent mental health treatment and 49
support, to incorporate the amendment made to s. 50
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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
394.495, F.S., in references thereto; reenacting s. 51
1001.212(7), F.S., relating to the Office of Safe 52
Schools, to incorporate the amendment made to s. 53
1004.44, F.S., in a reference thereto; providing an 54
effective date. 55
56
Be It Enacted by the Legislature of the State of Florida: 57
58
Section 1. Subsection (3) and par agraph (c) of subsection 59
(5) of section 394.457, Florida Statutes, are amended, and 60
paragraph (d) is added to subsection (5) of that section, to 61
read: 62
394.457 Operation and administration. — 63
(3) POWER TO CONTRACT. —The department may contract to 64
provide, and be provided with, services and facilities in order 65
to carry out its responsibilities under this part with the 66
following agencies: public and private hospitals; receiving and 67
treatment facilities; clinics; laboratories; departments, 68
divisions, and other units of state government; the state 69
colleges and universities; the community colleges; private 70
colleges and universities; counties, municipalities, and any 71
other governmental unit, including facilities of the United 72
States Government; and any other publ ic or private entity which 73
provides or needs facilities or services. The department shall 74
require any provider directly under contract with the department 75
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to use, at a minimum, the most recent version of the Daily 76
Living Activities-20 (DLA-20) functional assessment tool for any 77
patients requiring functional assessment, unless the department 78
specifies in rule the use of a different assessment tool. Baker 79
Act funds for community inpatient, crisis stabilization, short -80
term residential treatment, and screening services must be 81
allocated to each county pursuant to the department's funding 82
allocation methodology. Notwithstanding s. 287.057(3)(e), 83
contracts for community -based Baker Act services for inpatient, 84
crisis stabilization, short -term residential treatment, and 85
screening provided under this part, other than those with other 86
units of government, to be provided for the department must be 87
awarded using competitive sealed bids if the county commission 88
of the county receiving the services makes a request to the 89
department's district office by January 15 of the contracting 90
year. The district may not enter into a competitively bid 91
contract under this provision if such action will result in 92
increases of state or local expenditures for Baker Act services 93
within the district. Contracts for these Baker Act services 94
using competitive sealed bids are effective for 3 years. The 95
department shall adopt rules establishing minimum standards for 96
such contracted services and facilities and shall make periodic 97
audits and inspectio ns to assure that the contracted services 98
are provided and meet the standards of the department. 99
(5) RULES.— 100
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(c) The department shall adopt rules establishing minimum 101
standards for services provided by a mental health overlay 102
program or a mobile crisis response service. Minimum standards 103
for a mobile crisis response service must: 104
1. Include the requirements of the child, adolescent, and 105
young adult mobile response teams established under s. 106
394.495(7) and ensure coverage of all counties by these 107
specified teams; and 108
2. Specify any training or other requirements applicable 109
to a mobile crisis response service available to persons age 65 110
and over to enable the service to meet the specialized needs of 111
such persons; and 112
3.2. Create a structure for gener al mobile response teams 113
which focuses on crisis diversion and the reduction of 114
involuntary commitment under this chapter. The structure must 115
require, but need not be limited to, the following: 116
a. Triage and rapid crisis intervention within 60 minutes; 117
b. Provision of and referral to evidence -based services 118
that are responsive to the needs of the individual and the 119
individual's family; 120
c. Screening, assessment, early identification, and care 121
coordination; and 122
d. Confirmation that the individual who received the 123
mobile crisis response was connected to a service provider and 124
prescribed medications, if needed. 125
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Section 2. Paragraph (e) of subsection (2) of section 126
394.459, Florida Statutes, is amended to read: 127
394.459 Rights of patients. — 128
(2) RIGHT TO TREATMENT.— 129
(e) Not more than 5 days after admission to a facility, 130
each patient must shall have and receive an individualized 131
treatment plan in writing which the patient has had an 132
opportunity to assist in preparing and to review before prior to 133
its implementation. The plan must shall include a space for the 134
patient's comments. Facilities shall update the treatment plan, 135
including, but not limited to, the physician summary, at least 136
every 30 days during the time a patient is in a receiving or 137
treatment facility, except a patient retained for longer than 24 138
months shall have updates to his or her treatment plan at least 139
every 60 days. 140
Section 3. Subsection (2) of section 394.468, Florida 141
Statutes, is amended to read: 142
394.468 Admission and di scharge procedures.— 143
(2) Discharge planning and procedures for any patient's 144
release from a receiving facility or treatment facility must 145
include and document the patient's needs, and actions to address 146
such needs, for, at a minimum: 147
(a) Followup Follow-up behavioral health appointments; 148
(b) Information on how to obtain prescribed medications , 149
including, but not limited to, administration of long -acting 150
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injectable medications. The discharge plan must address any 151
barriers faced by the patient to access ing long-acting 152
injectable medications after discharge if such medication is 153
part of the patient's plan ; and 154
(c) Information pertaining to: 155
1. Available living arrangements; 156
2. Transportation; and 157
(d) Referral to: 158
1. Care coordination services. T he patient must be 159
referred for care coordination services if the patient meets the 160
criteria as a member of a priority population as determined by 161
the department under s. 394.9082(3)(c) and is in need of such 162
services. 163
2. Recovery support opportunities u nder s. 394.4573(2)(l), 164
including, but not limited to, connection to a peer specialist ; 165
and 166
(e) Administration of long -acting injectable medication 167
before discharge if such medication is available to treat the 168
patient's diagnosed behavioral health condit ion and is 169
clinically appropriate for the patient . 170
Section 4. Subsections (2) and (5) of section 394.495, 171
Florida Statutes, are amended to read: 172
394.495 Child and adolescent mental health system of care; 173
programs and services. — 174
(2) The array of ser vices must include assessment services 175
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that provide a professional interpretation of the nature of the 176
problems of the child or adolescent and his or her family; 177
family issues that may impact the problems; additional factors 178
that contribute to the problems ; and the assets, strengths, and 179
resources of the child or adolescent and his or her family. The 180
assessment services to be provided must shall be determined by 181
the clinical needs of each child or adolescent. Assessment tools 182
used must, at a minimum, includ e the use of the most recent 183
version of the Daily Living Activities -20 (DLA-20) functional 184
assessment tool, unless the department specifies in rule the use 185
of a different assessment tool. Assessment services include, but 186
are not limited to, evaluation and screening in the following 187
areas: 188
(a) Physical and mental health for purposes of identifying 189
medical and psychiatric problems. 190
(b) Psychological functioning, as determined through a 191
battery of psychological tests. 192
(c) Intelligence and academic achiev ement. 193
(d) Social and behavioral functioning. 194
(e) Family functioning. 195
196
The assessment for academic achievement is the financial 197
responsibility of the school district. The department shall 198
cooperate with other state agencies and the school district to 199
avoid duplicating assessment services. 200
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(5) In order to enhance collaboration between agencies and 201
to facilitate the provision of services by the child and 202
adolescent mental health treatment and support system and the 203
school district:, 204
(a) The local child and adolescent mental health system of 205
care shall include the local educational multiagency network for 206
severely emotionally disturbed students specified in s. 1006.04. 207
(b) The department, in consultation with the Department of 208
Education, shall biennia lly review school-based behavioral 209
health access in the state through telehealth, with an emphasis 210
on underserved and rural communities. The review shall, at a 211
minimum, assess gaps in the provision of school -based behavioral 212
health services, the extent of use of telehealth for school -213
based behavioral health services, barriers to use and expansion 214
of such telehealth services, and recommendations to address 215
barriers and any implementation requirements. The review shall 216
also identify any new models for increas ing school-based 217
behavioral health access. The Department of Children and 218
Families shall submit to the Governor, the President of the 219
Senate, and the Speaker of the House of Representatives its 220
findings by January 1, beginning in 2026. This subsection 221
expires June 30, 2030, unless reenacted by the Legislature. 222
Section 5. Paragraph (d) of subsection (1) of section 223
394.659, Florida Statutes, is amended to read: 224
394.659 Criminal Justice, Mental Health, and Substance 225
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Abuse Technical Assistance Center. — 226
(1) There is created a Criminal Justice, Mental Health, 227
and Substance Abuse Technical Assistance Center at the Louis de 228
la Parte Florida Mental Health Institute at the University of 229
South Florida, which shall: 230
(d) Disseminate and share evidence -based practices and 231
best practices among grantees , including, but not limited to, 232
the use of person-first language and trauma -responsive care, to 233
improve patient experiences and outcomes of individuals with 234
behavioral health conditions and encourage cooperative 235
engagement with such individuals. For purposes of this 236
paragraph, the term "person -first language" means language used 237
which emphasizes the individual as a person rather than the 238
individual's disability, illness, or condition . 239
Section 6. Subsection (11) is added to section 394.875, 240
Florida Statutes, and paragraph (c) of subsection (1) and 241
paragraph (a) of subsection (8) of that section are republished, 242
to read: 243
394.875 Crisis stabilization units, residential treatment 244
facilities, and residential treatme nt centers for children and 245
adolescents; authorized services; license required. — 246
(1) 247
(c) The purpose of a residential treatment center for 248
children and adolescents is to provide mental health assessment 249
and treatment services pursuant to ss. 394.491, 39 4.495, and 250
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394.496 to children and adolescents who meet the target 251
population criteria specified in s. 394.493(1)(a), (b), or (c). 252
(8)(a) The department, in consultation with the agency, 253
must adopt rules governing a residential treatment center for 254
children and adolescents which specify licensure standards for: 255
admission; length of stay; program and staffing; discharge and 256
discharge planning; treatment planning; seclusion, restraints, 257
and time-out; rights of patients under s. 394.459; use of 258
psychotropic medications; and standards for the operation of 259
such centers. 260
(11) The department, in consultation with the agency, 261
shall biennially conduct a review to identify the need for new 262
short-term residential treatment facilities and additional beds 263
in existing short-term residential treatment facilities. If 264
additional funding is necessary to address such need, the 265
department shall submit a legislative budget request for such 266
funding. If the department can address the need within existing 267
resources, the departme nt shall take action to do so. 268
Section 7. Paragraphs (v) and (w) are added to subsection 269
(5) of section 394.9082, Florida Statutes, to read: 270
394.9082 Behavioral health managing entities. — 271
(5) MANAGING ENTITY DUTIES. —A managing entity shall: 272
(v) Promote the use of person -first language and trauma -273
informed responsive care among providers, peer organizations, 274
and family members, including, but not limited to, through 275
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training and sharing best practices. For purposes of this 276
paragraph, the term "perso n-first language" means language used 277
which emphasizes the patient as a person rather than that 278
patient's disability, illness, or condition. 279
(w) Require use of the most recent version of the Daily 280
Living Activities-20 (DLA-20) functional assessment tool by all 281
providers under contract with the managing entity, unless the 282
department specifies in rule the use of a different assessment 283
tool. 284
Section 8. Paragraph (a) of subsection (6) of section 285
1004.44, Florida Statutes, is amended, and paragraph (h) is 286
added to subsection (1) of that section, to read: 287
1004.44 Louis de la Parte Florida Mental Health 288
Institute.—There is established the Louis de la Parte Florida 289
Mental Health Institute within the University of South Florida. 290
(1) The purpose of the insti tute is to strengthen mental 291
health services throughout the state by providing technical 292
assistance and support services to mental health agencies and 293
mental health professionals. Such assistance and services shall 294
include: 295
(h) Submission of a report ana lyzing substance abuse and 296
mental health services provided in the state through publicly 297
funded programs, including Medicare. The review shall, at a 298
minimum, identify services covered by such programs, assess 299
quality of care and cost management, and identi fy services for 300
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which additional providers are needed in the state. The 301
institute shall submit the report to the Governor, President of 302
the Senate, and Speaker of the House of Representatives by June 303
30, 2026. 304
(6)(a) There is established within the insti tute the 305
Florida Center for Behavioral Health Workforce. The purpose of 306
the center is to support an adequate, highly skilled, resilient, 307
and innovative workforce that meets the current and future human 308
resources needs of the state's behavioral health syste m in order 309
to provide high-quality care, services, and supports to 310
Floridians with, or at risk of developing, behavioral health 311
conditions through original research, policy analysis, 312
evaluation, and development and dissemination of best practices. 313
The goals of the center are, at a minimum, to research the 314
state's current behavioral health workforce and future needs; 315
expand the number of clinicians, professionals, and other 316
workers involved in the behavioral health workforce; and enhance 317
the skill level and innovativeness of the workforce. The center 318
shall, at a minimum, do all of the following: 319
1. Describe and analyze the current workforce and project 320
possible future workforce demand, especially in critical roles, 321
and develop strategies for addressing any gaps. The center's 322
efforts may include, but need not be limited to, producing a 323
statistically valid biennial analysis of the supply and demand 324
of the behavioral health workforce. 325
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2. Expand pathways to behavioral health professions 326
through enhanced educat ional opportunities and improved faculty 327
development and retention. The center's efforts may include, but 328
need not be limited to: 329
a. Identifying best practices in the academic preparation 330
and continuing education of behavioral health professionals. 331
b. Facilitating and coordinating the development of 332
academic-practice partnerships that support behavioral health 333
faculty employment and advancement. 334
c. Developing and implementing innovative projects to 335
support the recruitment, development, and retention o f 336
behavioral health educators, faculty, and clinical preceptors. 337
d. Developing distance learning infrastructure for 338
behavioral health education and the evidence -based use of 339
technology, simulation, and distance learning techniques. 340
3. Promote behaviora l health professions. The center's 341
efforts may include, but need not be limited to: 342
a. Conducting original research on the factors affecting 343
recruitment, retention, and advancement of the behavioral health 344
workforce, such as designing and implementing a longitudinal 345
study of the state's behavioral health workforce. 346
b. Developing and implementing innovative projects to 347
support the recruitment, development, and retention of 348
behavioral health workers , including, but not limited to, 349
projects to provide addi tional stipends, compensation, and 350
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financial support for clinical supervisors, workers, interns, 351
and students currently working in the behavioral health field . 352
Section 9. Subsection (2) of section 1006.041, Florida 353
Statutes, is amended to read: 354
1006.041 Mental health assistance program. —Each school 355
district must implement a school -based mental health assistance 356
program that includes training classroom teachers and other 357
school staff in detecting and responding to mental health issues 358
and connecting children, youth, and families who may experience 359
behavioral health issues with appropriate services. 360
(2) A plan required under subsection (1) must be focused 361
on a multitiered system of supports to deliver evidence -based 362
mental health care assessment, diagnosis, intervention, 363
treatment, and recovery services to students with one or more 364
mental health or co-occurring substance abuse diagnoses and to 365
students at high risk of such diagnoses. Assessment procedures 366
must, at a minimum, include the use of the most recent version 367
of the Daily Living Activities -20 (DLA-20) functional assessment 368
tool, unless the department specifies in rule the use of a 369
different assessment tool. The department shall consult with the 370
Department of Children and Families before ado pting rules 371
regarding use of a different assessment tool. The provision of 372
these services must be coordinated with a student's primary 373
mental health care provider and with other mental health 374
providers involved in the student's care. At a minimum, the plan 375
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must include all of the following components: 376
(a) Direct employment of school -based mental health 377
services providers to expand and enhance school -based student 378
services and to reduce the ratio of students to staff in order 379
to better align with nationall y recommended ratio models. The 380
providers shall include, but are not limited to, certified 381
school counselors, school psychologists, school social workers, 382
and other licensed mental health professionals. The plan must 383
also identify strategies to increase th e amount of time that 384
school-based student services personnel spend providing direct 385
services to students, which may include the review and revision 386
of district staffing resource allocations based on school or 387
student mental health assistance needs. 388
(b) Contracts or interagency agreements with one or more 389
local community behavioral health providers or providers of 390
Community Action Team services to provide a behavioral health 391
staff presence and services at district schools. Services may 392
include, but are not limited to, mental health screenings and 393
assessments, individual counseling, family counseling, group 394
counseling, psychiatric or psychological services, trauma -395
informed care, mobile crisis services, and behavior 396
modification. These behavioral health serv ices may be provided 397
on or off the school campus and may be supplemented by 398
telehealth as defined in s. 456.47(1). 399
(c) Policies and procedures, including contracts with 400
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service providers, which will ensure that: 401
1. Students referred to a school -based or community-based 402
mental health service provider for mental health screening for 403
the identification of mental health concerns and students at 404
risk for mental health disorders are assessed within 15 days 405
after referral. School -based mental health services m ust be 406
initiated within 15 days after identification and assessment, 407
and support by community -based mental health service providers 408
for students who are referred for community -based mental health 409
services must be initiated within 30 days after the school o r 410
district makes a referral. 411
2. Parents of a student receiving services under this 412
subsection are provided information about other behavioral 413
health services available through the student's school or local 414
community-based behavioral health services provi ders. A school 415
may meet this requirement by providing information about and 416
Internet addresses for web -based directories or guides for local 417
behavioral health services. 418
3. Individuals living in a household with a student 419
receiving services under this sub section are provided 420
information about behavioral health services available through 421
other delivery systems or payors for which such individuals may 422
qualify, if such services appear to be needed or enhancements in 423
such individuals' behavioral health would c ontribute to the 424
improved well-being of the student. 425
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(d) Strategies or programs to reduce the likelihood of at -426
risk students developing social, emotional, or behavioral health 427
problems; depression; anxiety disorders; suicidal tendencies; or 428
substance use disorders. 429
(e) Strategies to improve the early identification of 430
social, emotional, or behavioral problems or substance use 431
disorders; to improve the provision of early intervention 432
services; and to assist students in dealing with trauma and 433
violence. 434
(f) Procedures to assist a mental health services provider 435
or a behavioral health provider as described in paragraph (a) or 436
paragraph (b), respectively, or a school resource officer or 437
school safety officer who has completed mental health crisis 438
intervention training in attempting to verbally de -escalate a 439
student's crisis situation before initiating an involuntary 440
examination pursuant to s. 394.463. Such procedures must include 441
strategies to de-escalate a crisis situation for a student with 442
a developmental disability as defined in s. 393.063. 443
(g) Policies of the school district which must require 444
that in a student crisis situation, school or law enforcement 445
personnel must make a reasonable attempt to contact a mental 446
health professional who may initiate an involuntary examination 447
pursuant to s. 394.463, unless the child poses an imminent 448
danger to themselves or others, before initiating an involuntary 449
examination pursuant to s. 394.463. Such contact may be in 450
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person or through telehealth. The mental healt h professional may 451
be available to the school district either by a contract or 452
interagency agreement with the managing entity, one or more 453
local community-based behavioral health providers, or the local 454
mobile response team, or be a direct or contracted sc hool 455
district employee. 456
Section 10. For the purpose of incorporating the amendment 457
made by this act to section 394.468, Florida Statutes, in a 458
reference thereto, paragraph (g) of subsection (2) of section 459
394.463, Florida Statutes, is reenacted to read : 460
394.463 Involuntary examination. — 461
(2) INVOLUNTARY EXAMINATION. — 462
(g) The examination period must be for up to 72 hours and 463
begins when a patient arrives at the receiving facility. For a 464
minor, the examination shall be initiated within 12 hours after 465
the patient's arrival at the facility. Within the examination 466
period, one of the following actions must be taken, based on the 467
individual needs of the patient: 468
1. The patient shall be released, unless he or she is 469
charged with a crime, in which case the patient shall be 470
returned to the custody of a law enforcement officer; 471
2. The patient shall be released, subject to subparagraph 472
1., for voluntary outpatient treatment; 473
3. The patient, unless he or she is charged with a crime, 474
shall be asked to give e xpress and informed consent to placement 475
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as a voluntary patient and, if such consent is given, the 476
patient shall be admitted as a voluntary patient; or 477
4. A petition for involuntary services shall be filed in 478
the circuit court or with the county court, a s applicable. When 479
inpatient treatment is deemed necessary, the least restrictive 480
treatment consistent with the optimum improvement of the 481
patient's condition shall be made available. The petition shall 482
be filed by one of the petitioners specified in s. 39 4.467, and 483
the court shall dismiss an untimely filed petition. If a 484
patient's 72-hour examination period ends on a weekend or 485
holiday, including the hours before the ordinary business hours 486
on the morning of the next working day, and the receiving 487
facility: 488
a. Intends to file a petition for involuntary services, 489
such patient may be held at the facility through the next 490
working day thereafter and the petition must be filed no later 491
than such date. If the facility fails to file the petition by 492
the ordinary close of business on the next working day, the 493
patient shall be released from the receiving facility following 494
approval pursuant to paragraph (f). 495
b. Does not intend to file a petition for involuntary 496
services, the receiving facility may postpone release of a 497
patient until the next working day thereafter only if a 498
qualified professional documents that adequate discharge 499
planning and procedures in accordance with s. 394.468, and 500
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approval pursuant to paragraph (f), are not possible until the 501
next working day. 502
Section 11. For the purpose of incorporating the amendment 503
made by this act to section 394.495, Florida Statutes, in 504
references thereto, paragraph (c) of subsection (2) and 505
subsection (6) of section 394.4955, Florida Statutes, are 506
reenacted to read: 507
394.4955 Coordinated system of care; child and adolescent 508
mental health treatment and support. — 509
(2) 510
(c) To the extent permitted by available resources, the 511
coordinated system of care shall include the array of services 512
listed in s. 394.495. 513
(6) The managing entity shall identify gaps in the arrays 514
of services for children and adolescents listed in s. 394.495 515
available under each plan and include relevant information in 516
its annual needs assessment required by s. 394.9082. 517
Section 12. For the purp ose of incorporating the amendment 518
made by this act to section 1004.44, Florida Statutes, in a 519
reference thereto, subsection (7) of section 1001.212, Florida 520
Statutes, is reenacted to read: 521
1001.212 Office of Safe Schools. —There is created in the 522
Department of Education the Office of Safe Schools. The office 523
is fully accountable to the Commissioner of Education. The 524
office shall serve as a central repository for best practices, 525
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training standards, a nd compliance oversight in all matters 526
regarding school safety and security, including prevention 527
efforts, intervention efforts, and emergency preparedness 528
planning. The office shall: 529
(7) Provide data to support the evaluation of mental 530
health services pursuant to s. 1004.44. Such data must include, 531
for each school, the number of involuntary examinations as 532
defined in s. 394.455 which are initiated at the school, on 533
school transportation, or at a school -sponsored activity and the 534
number of children for wh om an examination is initiated. 535
Section 13. This act shall take effect July 1, 2025. 536