Florida 2025 Regular Session

Florida Senate Bill S1620 Latest Draft

Bill / Comm Sub Version Filed 04/18/2025

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Florida Senate - 2025 CS for CS for SB 1620  By the Committees on Fiscal Policy; and Children, Families, and Elder Affairs; and Senator Rouson 594-03698-25 20251620c2 1 A bill to be entitled 2 An act relating to mental health and substance use 3 disorders; amending s. 394.457, F.S.; requiring the 4 Department of Children and Families to require certain 5 providers to use a specified assessment tool; revising 6 the minimum standards for a mobile crisis response 7 service; amending s. 394.459, F.S.; requiring 8 facilities to update treatment plans within specified 9 timeframes; amending s. 394.468, F.S.; revising 10 requirements for discharge planning regarding 11 medications; amending s. 394.495, F.S.; requiring use 12 of a specified assessment tool; providing an 13 exception; requiring the Department of Children and 14 Families, in consultation with the Department of 15 Education, to conduct a review biennially of school 16 based behavioral health access through telehealth; 17 providing requirements for review; requiring the 18 Department of Children and Families to submit its 19 findings to the Governor and the Legislature by a 20 specified date; providing for expiration of the 21 review; amending s. 394.659, F.S.; requiring the 22 Criminal Justice, Mental Health, and Substance Abuse 23 Technical Assistance Center at the Louis de la Parte 24 Florida Mental Health Institute at the University of 25 South Florida to disseminate among grantees certain 26 evidence-based practices and best practices; defining 27 the term person-first language; amending s. 394.875, 28 F.S.; requiring the Department of Children and 29 Families, in consultation with the Agency for Health 30 Care Administration, to conduct a review biennially to 31 identify needs regarding short-term residential 32 treatment facilities and beds; specifying actions the 33 department must take under certain conditions; 34 amending s. 394.9082, F.S.; requiring managing 35 entities to promote use of person-first language and 36 trauma-informed care and require use of a specified 37 assessment tool; amending s. 1004.44, F.S.; revising 38 the assistance and services the Louis de la Parte 39 Florida Mental Health Institute is required to 40 provide; revising the requirements of the Florida 41 Center for Behavioral Health Workforce to promote 42 behavioral health professions; creating the Center for 43 Substance Abuse and Mental Health Research within the 44 institute; specifying the purpose of the center; 45 specifying the goals of the center; specifying the 46 responsibilities of the center; requiring the center 47 to submit a report by a specified date each year to 48 the Governor and the Legislature; specifying the 49 contents of the report; amending s. 1006.041, F.S.; 50 revising the plan components for mental health 51 assistance programs; reenacting s. 394.463(2)(g), 52 F.S., relating to involuntary examination, to 53 incorporate the amendment made to s. 394.468, F.S., in 54 a reference thereto; reenacting s. 394.4955(2)(c) and 55 (6), F.S., relating to coordinated system of care and 56 child and adolescent mental health treatment and 57 support, to incorporate the amendment made to s. 58 394.495, F.S., in references thereto; reenacting s. 59 1001.212(7), F.S., relating to the Office of Safe 60 Schools, to incorporate the amendment made to s. 61 1004.44, F.S., in a reference thereto; providing an 62 effective date. 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1.Subsection (3) and paragraph (c) of subsection 67 (5) of section 394.457, Florida Statutes, are amended, and 68 paragraph (d) is added to subsection (5) of that section, to 69 read: 70 394.457Operation and administration. 71 (3)POWER TO CONTRACT.The department may contract to 72 provide, and be provided with, services and facilities in order 73 to carry out its responsibilities under this part with the 74 following agencies: public and private hospitals; receiving and 75 treatment facilities; clinics; laboratories; departments, 76 divisions, and other units of state government; the state 77 colleges and universities; the community colleges; private 78 colleges and universities; counties, municipalities, and any 79 other governmental unit, including facilities of the United 80 States Government; and any other public or private entity which 81 provides or needs facilities or services. The department shall 82 require any provider directly under contract with the department 83 to use, at a minimum, the most recent version of the Daily 84 Living Activities-20 (DLA-20) functional assessment tool for any 85 patient requiring functional assessment, unless the department 86 specifies in rule the use of a different assessment tool. Baker 87 Act funds for community inpatient, crisis stabilization, short 88 term residential treatment, and screening services must be 89 allocated to each county pursuant to the departments funding 90 allocation methodology. Notwithstanding s. 287.057(3)(e), 91 contracts for community-based Baker Act services for inpatient, 92 crisis stabilization, short-term residential treatment, and 93 screening provided under this part, other than those with other 94 units of government, to be provided for the department must be 95 awarded using competitive sealed bids if the county commission 96 of the county receiving the services makes a request to the 97 departments district office by January 15 of the contracting 98 year. The district may not enter into a competitively bid 99 contract under this provision if such action will result in 100 increases of state or local expenditures for Baker Act services 101 within the district. Contracts for these Baker Act services 102 using competitive sealed bids are effective for 3 years. The 103 department shall adopt rules establishing minimum standards for 104 such contracted services and facilities and shall make periodic 105 audits and inspections to assure that the contracted services 106 are provided and meet the standards of the department. 107 (5)RULES. 108 (c)The department shall adopt rules establishing minimum 109 standards for services provided by a mental health overlay 110 program or a mobile crisis response service. Minimum standards 111 for a mobile crisis response service must: 112 1.Include the requirements of the child, adolescent, and 113 young adult mobile response teams established under s. 114 394.495(7) and ensure coverage of all counties by these 115 specified teams; and 116 2.Specify any training or other requirements applicable to 117 a mobile crisis response service available to persons age 65 and 118 over to enable the service to meet the specialized needs of such 119 persons; and 120 3.2.Create a structure for general mobile response teams 121 which focuses on crisis diversion and the reduction of 122 involuntary commitment under this chapter. The structure must 123 require, but need not be limited to, the following: 124 a.Triage and rapid crisis intervention within 60 minutes; 125 b.Provision of and referral to evidence-based services 126 that are responsive to the needs of the individual and the 127 individuals family; 128 c.Screening, assessment, early identification, and care 129 coordination; and 130 d.Confirmation that the individual who received the mobile 131 crisis response was connected to a service provider and 132 prescribed medications, if needed. 133 Section 2.Paragraph (e) of subsection (2) of section 134 394.459, Florida Statutes, is amended to read: 135 394.459Rights of patients. 136 (2)RIGHT TO TREATMENT. 137 (e)Not more than 5 days after admission to a facility, 138 each patient must shall have and receive an individualized 139 treatment plan in writing which the patient has had an 140 opportunity to assist in preparing and to review before prior to 141 its implementation. The plan must shall include a space for the 142 patients comments. Facilities shall update the treatment plan, 143 including, but not limited to, the physician summary, at least 144 every 30 days during the time a patient is in a receiving or 145 treatment facility, except a patient retained for longer than 24 146 months shall have updates to his or her treatment plan at least 147 every 60 days. 148 Section 3.Subsection (2) of section 394.468, Florida 149 Statutes, is amended to read: 150 394.468Admission and discharge procedures. 151 (2)Discharge planning and procedures for any patients 152 release from a receiving facility or treatment facility must 153 include and document the patients needs, and actions to address 154 such needs, for, at a minimum: 155 (a)Followup Follow-up behavioral health appointments; 156 (b)Information on how to obtain prescribed medications, 157 including, but not limited to, administration of long-acting 158 injectable medications. The discharge plan must address any 159 barriers faced by the patient to accessing long-acting 160 injectable medications after discharge if such medication is 161 part of the patients plan; and 162 (c)Information pertaining to: 163 1.Available living arrangements; 164 2.Transportation; and 165 (d)Referral to: 166 1.Care coordination services. The patient must be referred 167 for care coordination services if the patient meets the criteria 168 as a member of a priority population as determined by the 169 department under s. 394.9082(3)(c) and is in need of such 170 services. 171 2.Recovery support opportunities under s. 394.4573(2)(l), 172 including, but not limited to, connection to a peer specialist; 173 and 174 (e)Administration of long-acting injectable medication 175 before discharge if such medication is available to treat the 176 patients diagnosed behavioral health condition and is 177 clinically appropriate for the patient. 178 Section 4.Subsections (2) and (5) of section 394.495, 179 Florida Statutes, are amended to read: 180 394.495Child and adolescent mental health system of care; 181 programs and services. 182 (2)The array of services must include assessment services 183 that provide a professional interpretation of the nature of the 184 problems of the child or adolescent and his or her family; 185 family issues that may impact the problems; additional factors 186 that contribute to the problems; and the assets, strengths, and 187 resources of the child or adolescent and his or her family. The 188 assessment services to be provided must shall be determined by 189 the clinical needs of each child or adolescent. Assessment tools 190 used must, at a minimum, include the use of the most recent 191 version of the Daily Living Activities-20 (DLA-20) functional 192 assessment tool, unless the department specifies in rule the use 193 of a different assessment tool. Assessment services include, but 194 are not limited to, evaluation and screening in the following 195 areas: 196 (a)Physical and mental health for purposes of identifying 197 medical and psychiatric problems. 198 (b)Psychological functioning, as determined through a 199 battery of psychological tests. 200 (c)Intelligence and academic achievement. 201 (d)Social and behavioral functioning. 202 (e)Family functioning. 203 204 The assessment for academic achievement is the financial 205 responsibility of the school district. The department shall 206 cooperate with other state agencies and the school district to 207 avoid duplicating assessment services. 208 (5)In order to enhance collaboration between agencies and 209 to facilitate the provision of services by the child and 210 adolescent mental health treatment and support system and the 211 school district:, 212 (a)The local child and adolescent mental health system of 213 care shall include the local educational multiagency network for 214 severely emotionally disturbed students specified in s. 1006.04. 215 (b)The department, in consultation with the Department of 216 Education, shall biennially review school-based behavioral 217 health access in the state through telehealth, with an emphasis 218 on underserved and rural communities. The review shall, at a 219 minimum, assess gaps in the provision of school-based behavioral 220 health services, the extent of use of telehealth for school 221 based behavioral health services, barriers to use and expansion 222 of such telehealth services, and recommendations to address 223 barriers and any implementation requirements. The review shall 224 also identify any new models for increasing school-based 225 behavioral health access. The Department of Children and 226 Families shall submit to the Governor, the President of the 227 Senate, and the Speaker of the House of Representatives its 228 findings by January 1, beginning in 2026. This subsection 229 expires June 30, 2030, unless reenacted by the Legislature. 230 Section 5.Paragraph (d) of subsection (1) of section 231 394.659, Florida Statutes, is amended to read: 232 394.659Criminal Justice, Mental Health, and Substance 233 Abuse Technical Assistance Center. 234 (1)There is created a Criminal Justice, Mental Health, and 235 Substance Abuse Technical Assistance Center at the Louis de la 236 Parte Florida Mental Health Institute at the University of South 237 Florida, which shall: 238 (d)Disseminate and share evidence-based practices and best 239 practices among grantees, including, but not limited to, the use 240 of person-first language and trauma-responsive care, to improve 241 patient experiences and outcomes of individuals with behavioral 242 health conditions and encourage cooperative engagement with such 243 individuals. For purposes of this paragraph, the term person 244 first language means language used which emphasizes the 245 individual as a person rather than the individuals disability, 246 illness, or condition. 247 Section 6.Subsection (11) is added to section 394.875, 248 Florida Statutes, and paragraph (c) of subsection (1) and 249 paragraph (a) of subsection (8) of that section are republished, 250 to read: 251 394.875Crisis stabilization units, residential treatment 252 facilities, and residential treatment centers for children and 253 adolescents; authorized services; license required. 254 (1) 255 (c)The purpose of a residential treatment center for 256 children and adolescents is to provide mental health assessment 257 and treatment services pursuant to ss. 394.491, 394.495, and 258 394.496 to children and adolescents who meet the target 259 population criteria specified in s. 394.493(1)(a), (b), or (c). 260 (8)(a)The department, in consultation with the agency, 261 must adopt rules governing a residential treatment center for 262 children and adolescents which specify licensure standards for: 263 admission; length of stay; program and staffing; discharge and 264 discharge planning; treatment planning; seclusion, restraints, 265 and time-out; rights of patients under s. 394.459; use of 266 psychotropic medications; and standards for the operation of 267 such centers. 268 (11)The department, in consultation with the agency, shall 269 biennially conduct a review to identify the need for new short 270 term residential treatment facilities and additional beds in 271 existing short-term residential treatment facilities. If 272 additional funding is necessary to address such need, the 273 department shall submit a legislative budget request for such 274 funding. If the department can address the need within existing 275 resources, the department shall take action to do so. 276 Section 7.Paragraphs (v) and (w) are added to subsection 277 (5) of section 394.9082, Florida Statutes, to read: 278 394.9082Behavioral health managing entities. 279 (5)MANAGING ENTITY DUTIES.A managing entity shall: 280 (v)Promote the use of person-first language and trauma 281 informed responsive care among providers, peer organizations, 282 and family members, including, but not limited to, through 283 training and sharing best practices. For purposes of this 284 paragraph, the term person-first language means language used 285 which emphasizes the patient as a person rather than that 286 patients disability, illness, or condition. 287 (w)Require use of the most recent version of the Daily 288 Living Activities-20 (DLA-20) functional assessment tool by all 289 providers under contract with the managing entity, unless the 290 department specifies in rule the use of a different assessment 291 tool. 292 Section 8.Paragraph (a) of subsection (6) of section 293 1004.44, Florida Statutes, is amended, and paragraph (h) of 294 subsection (1) and subsection (8) are added to that section, to 295 read: 296 1004.44Louis de la Parte Florida Mental Health Institute. 297 There is established the Louis de la Parte Florida Mental Health 298 Institute within the University of South Florida. 299 (1)The purpose of the institute is to strengthen mental 300 health services throughout the state by providing technical 301 assistance and support services to mental health agencies and 302 mental health professionals. Such assistance and services shall 303 include: 304 (h)Submission of a report analyzing substance abuse and 305 mental health services provided in the state through publicly 306 funded programs, including Medicare. The review shall, at a 307 minimum, identify services covered by such programs, assess 308 quality of care and cost management, and identify services for 309 which additional providers are needed in the state. The 310 institute shall submit the report to the Governor, President of 311 the Senate, and Speaker of the House of Representatives by June 312 30, 2026. 313 (6)(a)There is established within the institute the 314 Florida Center for Behavioral Health Workforce. The purpose of 315 the center is to support an adequate, highly skilled, resilient, 316 and innovative workforce that meets the current and future human 317 resources needs of the states behavioral health system in order 318 to provide high-quality care, services, and supports to 319 Floridians with, or at risk of developing, behavioral health 320 conditions through original research, policy analysis, 321 evaluation, and development and dissemination of best practices. 322 The goals of the center are, at a minimum, to research the 323 states current behavioral health workforce and future needs; 324 expand the number of clinicians, professionals, and other 325 workers involved in the behavioral health workforce; and enhance 326 the skill level and innovativeness of the workforce. The center 327 shall, at a minimum, do all of the following: 328 1.Describe and analyze the current workforce and project 329 possible future workforce demand, especially in critical roles, 330 and develop strategies for addressing any gaps. The centers 331 efforts may include, but need not be limited to, producing a 332 statistically valid biennial analysis of the supply and demand 333 of the behavioral health workforce. 334 2.Expand pathways to behavioral health professions through 335 enhanced educational opportunities and improved faculty 336 development and retention. The centers efforts may include, but 337 need not be limited to: 338 a.Identifying best practices in the academic preparation 339 and continuing education of behavioral health professionals. 340 b.Facilitating and coordinating the development of 341 academic-practice partnerships that support behavioral health 342 faculty employment and advancement. 343 c.Developing and implementing innovative projects to 344 support the recruitment, development, and retention of 345 behavioral health educators, faculty, and clinical preceptors. 346 d.Developing distance learning infrastructure for 347 behavioral health education and the evidence-based use of 348 technology, simulation, and distance learning techniques. 349 3.Promote behavioral health professions. The centers 350 efforts may include, but need not be limited to: 351 a.Conducting original research on the factors affecting 352 recruitment, retention, and advancement of the behavioral health 353 workforce, such as designing and implementing a longitudinal 354 study of the states behavioral health workforce. 355 b.Developing and implementing innovative projects to 356 support the recruitment, development, and retention of 357 behavioral health workers, including, but not limited to, 358 projects to provide additional stipends, compensation, and 359 financial support for clinical supervisors, workers, interns, 360 and students currently working in the behavioral health field. 361 4.Request from the Board of Clinical Social Work, Marriage 362 and Family Therapy, and Mental Health Counseling, and the board 363 must provide to the center upon its request, any information 364 held by the board regarding the clinical social work, marriage 365 and family therapy, and mental health counselors licensed in 366 this state or information reported to the board by employers of 367 such counselors, other than personal identifying information. 368 (8)(a)There is created within the institute the Center for 369 Substance Abuse and Mental Health Research. The purpose of the 370 center is to conduct rigorous and relevant research intended to 371 develop knowledge and practice in prevention and intervention 372 for substance abuse and mental health issues, to serve the 373 people and economy in this state in reducing the gap between 374 population needs and the availability of effective treatments 375 and other interventions to improve the capacity of the state to 376 have healthy, resilient communities prevailing over substance 377 abuse, addiction, and mental health challenges. 378 (b)The goals of the center are, at a minimum, to advance 379 the scientific understanding of the relationship between 380 substance abuse and mental health issues, to improve treatment 381 outcomes, and to reduce the societal impact and burden of 382 substance abuse and mental health conditions. The center shall, 383 at a minimum, do all of the following: 384 1.Analyze publicly funded substance abuse and mental 385 health services to identify gaps in insurance coverage, monitor 386 quality of care and cost management, and enhance provider 387 networks by identifying gaps in service provision by type and 388 geographic location. 389 2.Research and study the complex relationship between 390 substance abuse and mental health disorders, including analyzing 391 how substances may contribute to the onset of mental health 392 conditions, how those conditions can lead to substance abuse, 393 and how both can interact to create and worsen negative 394 outcomes, such as violence, infectious disease, suicide, and 395 overdose. The center must also study the range, distribution, 396 and concentration of such negative outcomes. 397 3.Develop and test strategies to prevent the development 398 of both substance use and mental health disorders, including 399 early risk factor identification and interventions designed for 400 at-risk populations, specifically in rural settings, where 401 resources may be limited and integrated care is essential. 402 4.Conduct research on alternative, low-cost strategies for 403 prevention and early intervention. 404 5.Conduct outcomes and implementation research on 405 optimizing application of technology for efficient and effective 406 dissemination of evidence-based treatment across this state, 407 with specific attention to rural and other low-resource areas, 408 using telehealth, mobile device remote monitoring, delivery of 409 patient-specific prompts via technology platforms for self 410 management, and other aspects of care. 411 6.Investigate and improve treatment options for 412 individuals suffering from co-occurring substance use and mental 413 health disorders, including developing integrated treatment 414 programs that address both issues simultaneously. 415 7.Generate evidence-based data to inform public policy and 416 promote substance use disorder services and mental health 417 disorder services. 418 8.Develop community-based sharing agreements, local 419 infrastructure, and methodologies to encourage data-informed 420 decisionmaking to encourage economic efficiency and targeted 421 service delivery. 422 9.Develop and provide training for health care 423 professionals, social workers, counselors, and researchers on 424 the latest findings related to substance abuse and mental 425 health, fostering a workforce capable of providing effective 426 care. 427 10.Articulate methods to align and adapt training 428 approaches for delivering evidence-based practices to locally 429 identified needs, including implementing evidence-based training 430 and tools at community health centers to improve identification 431 of mental health and substance use disorders and create plans 432 for referral and continuity of care. 433 11.Collaborate with community organizations to offer 434 resources and education about substance use and mental health to 435 reduce stigma and raise awareness. 436 (c)By July 1 of each year, the center shall submit a 437 report to the Governor, the President of the Senate, and the 438 Speaker of the House of Representatives providing details of its 439 activities during the preceding calendar year in pursuit of its 440 goals and in the execution of its duties under paragraph (b). 441 Section 9.Subsection (2) of section 1006.041, Florida 442 Statutes, is amended to read: 443 1006.041Mental health assistance program.Each school 444 district must implement a school-based mental health assistance 445 program that includes training classroom teachers and other 446 school staff in detecting and responding to mental health issues 447 and connecting children, youth, and families who may experience 448 behavioral health issues with appropriate services. 449 (2)A plan required under subsection (1) must be focused on 450 a multitiered system of supports to deliver evidence-based 451 mental health care assessment, diagnosis, intervention, 452 treatment, and recovery services to students with one or more 453 mental health or co-occurring substance abuse diagnoses and to 454 students at high risk of such diagnoses. Assessment procedures 455 must, at a minimum, include the use of the most recent version 456 of the Daily Living Activities-20 (DLA-20) functional assessment 457 tool, unless the department specifies in rule the use of a 458 different assessment tool. The department shall consult with the 459 Department of Children and Families before adopting rules 460 regarding use of a different assessment tool. The provision of 461 these services must be coordinated with a students primary 462 mental health care provider and with other mental health 463 providers involved in the students care. At a minimum, the plan 464 must include all of the following components: 465 (a)Direct employment of school-based mental health 466 services providers to expand and enhance school-based student 467 services and to reduce the ratio of students to staff in order 468 to better align with nationally recommended ratio models. The 469 providers shall include, but are not limited to, certified 470 school counselors, school psychologists, school social workers, 471 and other licensed mental health professionals. The plan must 472 also identify strategies to increase the amount of time that 473 school-based student services personnel spend providing direct 474 services to students, which may include the review and revision 475 of district staffing resource allocations based on school or 476 student mental health assistance needs. 477 (b)Contracts or interagency agreements with one or more 478 local community behavioral health providers or providers of 479 Community Action Team services to provide a behavioral health 480 staff presence and services at district schools. Services may 481 include, but are not limited to, mental health screenings and 482 assessments, individual counseling, family counseling, group 483 counseling, psychiatric or psychological services, trauma 484 informed care, mobile crisis services, and behavior 485 modification. These behavioral health services may be provided 486 on or off the school campus and may be supplemented by 487 telehealth as defined in s. 456.47(1). 488 (c)Policies and procedures, including contracts with 489 service providers, which will ensure that: 490 1.Students referred to a school-based or community-based 491 mental health service provider for mental health screening for 492 the identification of mental health concerns and students at 493 risk for mental health disorders are assessed within 15 days 494 after referral. School-based mental health services must be 495 initiated within 15 days after identification and assessment, 496 and support by community-based mental health service providers 497 for students who are referred for community-based mental health 498 services must be initiated within 30 days after the school or 499 district makes a referral. 500 2.Parents of a student receiving services under this 501 subsection are provided information about other behavioral 502 health services available through the students school or local 503 community-based behavioral health services providers. A school 504 may meet this requirement by providing information about and 505 Internet addresses for web-based directories or guides for local 506 behavioral health services. 507 3.Individuals living in a household with a student 508 receiving services under this subsection are provided 509 information about behavioral health services available through 510 other delivery systems or payors for which such individuals may 511 qualify, if such services appear to be needed or enhancements in 512 such individuals behavioral health would contribute to the 513 improved well-being of the student. 514 (d)Strategies or programs to reduce the likelihood of at 515 risk students developing social, emotional, or behavioral health 516 problems; depression; anxiety disorders; suicidal tendencies; or 517 substance use disorders. 518 (e)Strategies to improve the early identification of 519 social, emotional, or behavioral problems or substance use 520 disorders; to improve the provision of early intervention 521 services; and to assist students in dealing with trauma and 522 violence. 523 (f)Procedures to assist a mental health services provider 524 or a behavioral health provider as described in paragraph (a) or 525 paragraph (b), respectively, or a school resource officer or 526 school safety officer who has completed mental health crisis 527 intervention training in attempting to verbally de-escalate a 528 students crisis situation before initiating an involuntary 529 examination pursuant to s. 394.463. Such procedures must include 530 strategies to de-escalate a crisis situation for a student with 531 a developmental disability as defined in s. 393.063. 532 (g)Policies of the school district which must require that 533 in a student crisis situation, school or law enforcement 534 personnel must make a reasonable attempt to contact a mental 535 health professional who may initiate an involuntary examination 536 pursuant to s. 394.463, unless the child poses an imminent 537 danger to themselves or others, before initiating an involuntary 538 examination pursuant to s. 394.463. Such contact may be in 539 person or through telehealth. The mental health professional may 540 be available to the school district either by a contract or 541 interagency agreement with the managing entity, one or more 542 local community-based behavioral health providers, or the local 543 mobile response team, or be a direct or contracted school 544 district employee. 545 Section 10.For the purpose of incorporating the amendment 546 made by this act to section 394.468, Florida Statutes, in a 547 reference thereto, paragraph (g) of subsection (2) of section 548 394.463, Florida Statutes, is reenacted to read: 549 394.463Involuntary examination. 550 (2)INVOLUNTARY EXAMINATION. 551 (g)The examination period must be for up to 72 hours and 552 begins when a patient arrives at the receiving facility. For a 553 minor, the examination shall be initiated within 12 hours after 554 the patients arrival at the facility. Within the examination 555 period, one of the following actions must be taken, based on the 556 individual needs of the patient: 557 1.The patient shall be released, unless he or she is 558 charged with a crime, in which case the patient shall be 559 returned to the custody of a law enforcement officer; 560 2.The patient shall be released, subject to subparagraph 561 1., for voluntary outpatient treatment; 562 3.The patient, unless he or she is charged with a crime, 563 shall be asked to give express and informed consent to placement 564 as a voluntary patient and, if such consent is given, the 565 patient shall be admitted as a voluntary patient; or 566 4.A petition for involuntary services shall be filed in 567 the circuit court or with the county court, as applicable. When 568 inpatient treatment is deemed necessary, the least restrictive 569 treatment consistent with the optimum improvement of the 570 patients condition shall be made available. The petition shall 571 be filed by one of the petitioners specified in s. 394.467, and 572 the court shall dismiss an untimely filed petition. If a 573 patients 72-hour examination period ends on a weekend or 574 holiday, including the hours before the ordinary business hours 575 on the morning of the next working day, and the receiving 576 facility: 577 a.Intends to file a petition for involuntary services, 578 such patient may be held at the facility through the next 579 working day thereafter and the petition must be filed no later 580 than such date. If the facility fails to file the petition by 581 the ordinary close of business on the next working day, the 582 patient shall be released from the receiving facility following 583 approval pursuant to paragraph (f). 584 b.Does not intend to file a petition for involuntary 585 services, the receiving facility may postpone release of a 586 patient until the next working day thereafter only if a 587 qualified professional documents that adequate discharge 588 planning and procedures in accordance with s. 394.468, and 589 approval pursuant to paragraph (f), are not possible until the 590 next working day. 591 Section 11.For the purpose of incorporating the amendment 592 made by this act to section 394.495, Florida Statutes, in 593 references thereto, paragraph (c) of subsection (2) and 594 subsection (6) of section 394.4955, Florida Statutes, are 595 reenacted to read: 596 394.4955Coordinated system of care; child and adolescent 597 mental health treatment and support. 598 (2) 599 (c)To the extent permitted by available resources, the 600 coordinated system of care shall include the array of services 601 listed in s. 394.495. 602 (6)The managing entity shall identify gaps in the arrays 603 of services for children and adolescents listed in s. 394.495 604 available under each plan and include relevant information in 605 its annual needs assessment required by s. 394.9082. 606 Section 12.For the purpose of incorporating the amendment 607 made by this act to section 1004.44, Florida Statutes, in a 608 reference thereto, subsection (7) of section 1001.212, Florida 609 Statutes, is reenacted to read: 610 1001.212Office of Safe Schools.There is created in the 611 Department of Education the Office of Safe Schools. The office 612 is fully accountable to the Commissioner of Education. The 613 office shall serve as a central repository for best practices, 614 training standards, and compliance oversight in all matters 615 regarding school safety and security, including prevention 616 efforts, intervention efforts, and emergency preparedness 617 planning. The office shall: 618 (7)Provide data to support the evaluation of mental health 619 services pursuant to s. 1004.44. Such data must include, for 620 each school, the number of involuntary examinations as defined 621 in s. 394.455 which are initiated at the school, on school 622 transportation, or at a school-sponsored activity and the number 623 of children for whom an examination is initiated. 624 Section 13.This act shall take effect July 1, 2025.
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