Florida Senate - 2024 SB 1626



By Senator Powell





24-01447-24 20241626__
1 A bill to be entitled
2 An act relating to the mental health of minors;
3 amending s. 394.462, F.S.; requiring that certain
4 transportation plans include options for transporting
5 minors to certain facilities which do not involve
6 marked police vehicles or uniformed law enforcement
7 officers; creating s. 394.4635, F.S.; defining the
8 terms “immediately” and “serious bodily harm”;
9 specifying the conditions that must be met for a minor
10 to be taken to a receiving facility for involuntary
11 examination; specifying requirements for initiating a
12 minor’s involuntary examination and his or her
13 transportation to the nearest appropriate facility;
14 specifying requirements for receiving facilities
15 relating to such minors; requiring that court orders
16 for involuntary examinations be made a part of the
17 minor’s clinical record; prohibiting a fee from being
18 charged for filing such orders; requiring facilities
19 receiving minors for involuntary examination to
20 provide certain orders and reports to the Department
21 of Children and Families within a specified timeframe;
22 providing for the validity of such orders; authorizing
23 law enforcement officers to take minors who appear to
24 meet certain criteria into custody and transport such
25 minors to a certain facility for a specified
26 determination; providing requirements for law
27 enforcement officers initiating involuntary
28 examinations of minors or transporting minors to such
29 examinations; prohibiting law enforcement officers
30 from taking certain actions under certain
31 circumstances; prohibiting minors undergoing
32 involuntary examinations initiated by law enforcement
33 officers from being held at receiving facilities for
34 longer than a specified period; providing an
35 exception; requiring law enforcement officers who
36 initiate an involuntary examination of a minor to
37 execute a written report containing specified
38 information; requiring facilities to send such reports
39 to the department within a specified timeframe;
40 requiring the law enforcement officer’s agency to
41 retain such report and to provide a copy of the report
42 to a minor’s parent or guardian upon request;
43 requiring that certain reports and certificates be
44 made part of a minor’s clinical record; requiring
45 facilities receiving minors for involuntary
46 examinations to create specified records; authorizing
47 a minor’s parent or guardian to remain with the minor
48 at any time between the minor’s arrival and when
49 examination occurs; providing an exception; requiring
50 facility staff to explain to the minor and minor’s
51 parent or guardian certain patient rights; requiring
52 facility staff to attempt to contact the minor’s
53 parent or guardian to obtain consent; providing an
54 exception; authorizing certain medical professionals
55 to write certifications within a certain time period
56 stating that they have examined the minor and make
57 findings as to whether that minor meets the criteria
58 for involuntary commitment; requiring certain persons
59 to take into custody a minor who meet less restrictive
60 means for evaluation when such less restrictive means
61 are not available; requiring a law enforcement officer
62 who transports a minor to write a written report
63 specifying certain information; requiring facilities
64 to submit such records and copies of certain reports
65 to the department in a sworn report; authorizing the
66 department to adopt rules; requiring facilities to
67 notify minors and their parents or guardians of the
68 minor’s right to counsel and to provide minors with
69 the opportunity to immediately consult and be
70 represented by counsel; providing requirements for the
71 transportation of minors to facilities for involuntary
72 examination; requiring that specified examinations of
73 minors admitted to a receiving facility after an
74 involuntary examination be initiated by certain
75 persons; requiring that minors be released from
76 receiving facilities as soon as a specified
77 determination is made; requiring facilities to have at
78 least one staff member with the authority to make such
79 determinations at the facility at all times;
80 authorizing emergency treatment of minors under
81 certain circumstances; requiring that minors be
82 immediately released if a parent or guardian revokes
83 consent for the minor’s admission; prohibiting an
84 examination period from lasting longer than a
85 specified amount of time; requiring that certain
86 actions be taken within the examination period;
87 requiring petitions for involuntary inpatient
88 placement be filed by the facility administrator and
89 contain sworn statements under penalty of perjury that
90 the minor meets the criteria for involuntary
91 placement; prohibiting students from being removed
92 from schools and transported to a receiving facility
93 for involuntary examination unless certain
94 requirements are met; requiring facilities to contact
95 schools for specified information under certain
96 circumstances; requiring facilities to notify the
97 department if schools fail to provide such
98 information; requiring the department, in consultation
99 with the Department of Education, to take certain
100 actions relating to such schools; prohibiting minors
101 receiving treatment for mental illness from being
102 deprived of specified privacy rights; providing
103 construction; requiring that minors be provided with
104 parental or guardian contact; providing an exception;
105 providing construction; requiring receiving facility
106 staff to consult with certain persons to ensure
107 continuity of care and prevent disruption to existing
108 medication regimens; requiring that certain conditions
109 be met before giving or prescribing a minor certain
110 psychotropic medication; providing remedies for minors
111 for specified violations; providing immunity for
112 certain persons acting in good faith; providing an
113 exception; requiring facilities examining minors on a
114 voluntary basis to provide the department with a
115 report containing specified information and copies of
116 certain other reports within a specified timeframe;
117 requiring the department to annually publish specified
118 data relating to such reports; providing construction;
119 requiring the department to contract with a
120 consultancy on crisis services to review the provision
121 of crisis services for minors; providing requirements
122 for such review; providing construction; amending s.
123 394.467, F.S.; revising requirements for minors to be
124 ordered for involuntary inpatient placement; defining
125 the term “serious bodily harm”; conforming provisions
126 to changes made by the act; amending s. 409.996, F.S.;
127 revising duties of the department relating to
128 evaluations of lead agencies and monitoring out-of
129 home placements; amending s. 1001.212, F.S.; revising
130 data that must be provided by the Office of Safe
131 Schools to support the evaluation of specified mental
132 health services; requiring that the data be updated
133 monthly and made available on the department’s
134 website; authorizing the department to adopt rules;
135 defining the term “mandatory mental health treatment”;
136 requiring school districts, charter school sponsors,
137 and other entities operating a public school to
138 develop, implement, and submit to the office specified
139 policies and procedures by a specified date; providing
140 requirements for such policies and procedures;
141 requiring the office to monitor the effectiveness of
142 such policies and procedures; requiring the Department
143 of Education to adopt rules implementing the most
144 effective policies and procedures on a statewide
145 basis; creating the Telehealth Pilot Program within
146 the Department of Children and Families; providing a
147 purpose for the program; requiring certain persons
148 transporting minors to receiving facilities to first
149 obtain specified advice through telehealth services;
150 prohibiting the telehealth services from being
151 provided by an entity that provides involuntary
152 examination services; requiring the department to
153 analyze and compare specified data and prepare a
154 report summarizing the impact of the program;
155 requiring the department to submit the report to the
156 Governor and the Legislature by a specified date;
157 requiring the Legislature to appropriate funds
158 necessary for the creation and administration of the
159 pilot program; requiring the department to adopt
160 rules; providing for future expiration; amending s.
161 394.463, F.S.; conforming provisions to changes made
162 by the act; making technical changes; providing
163 effective dates.
164
165 Be It Enacted by the Legislature of the State of Florida:
166
167 Section 1. Subsection (4) is added to section 394.462,
168 Florida Statutes, to read:
169 394.462 Transportation.—A transportation plan shall be
170 developed and implemented by each county in collaboration with
171 the managing entity in accordance with this section. A county
172 may enter into a memorandum of understanding with the governing
173 boards of nearby counties to establish a shared transportation
174 plan. When multiple counties enter into a memorandum of
175 understanding for this purpose, the counties shall notify the
176 managing entity and provide it with a copy of the agreement. The
177 transportation plan shall describe methods of transport to a
178 facility within the designated receiving system for individuals
179 subject to involuntary examination under s. 394.463 or
180 involuntary admission under s. 397.6772, s. 397.679, s.
181 397.6798, or s. 397.6811, and may identify responsibility for
182 other transportation to a participating facility when necessary
183 and agreed to by the facility. The plan may rely on emergency
184 medical transport services or private transport companies, as
185 appropriate. The plan shall comply with the transportation
186 provisions of this section and ss. 397.6772, 397.6795, 397.6822,
187 and 397.697.
188 (4) TRANSPORTING MINORS.—The transportation plan must
189 include options for transporting minors which do not involve
190 marked police vehicles or uniformed law enforcement officers.
191 Section 2. Section 394.4635, Florida Statutes, is created
192 to read:
193 394.4635 Involuntary examination of a minor.—
194 (1) DEFINITIONS.—For the purposes of this section, the
195 term:
196 (a) “Immediately” means without unnecessary delay.
197 (b) “Serious bodily harm” means a physical condition that
198 creates a substantial risk of death, protracted and obvious
199 disfigurement, or protracted loss or impairment of a bodily
200 member or of an organ’s function.
201 (2) CRITERIA FOR INVOLUNTARY EXAMINATION.—A minor may be
202 taken to a receiving facility for involuntary examination only
203 if all of the following conditions are met:
204 (a) It is likely that the minor has a mental illness and,
205 because of his or her mental illness and as evidenced by recent
206 behavior, there is a substantial likelihood that the minor will
207 imminently cause death or serious bodily harm to himself or
208 herself or to others if the minor is not immediately examined.
209 (b) Involuntary examination is the least restrictive means
210 of preventing the minor from imminently causing serious bodily
211 harm to himself or herself or others.
212 (c)1. The minor’s parent or guardian with the authority to
213 consent to medical treatment, after being informed of the
214 specific circumstances giving rise to the recommendation to do
215 so, provides his or her express and informed voluntary consent
216 for the minor’s examination at a receiving facility;
217 2. The parent’s or guardian’s consent cannot be obtained
218 under subparagraph 1. because the minor’s parent or guardian
219 cannot be located after exhausting all reasonable efforts to
220 contact him or her; or
221 3. There is recent and affirmative evidence, including, but
222 not limited to, evidence provided by the minor, that contacting
223 the minor’s parent or guardian would cause an imminent risk of
224 death, serious bodily harm, or physical or sexual abuse of the
225 minor.
226 (3) INITIATION OF INVOLUNTARY EXAMINATION.—An involuntary
227 examination of a minor may be initiated by any one of the
228 following means:
229 (a) A circuit or county court may enter an ex parte order
230 stating that the minor appears to meet the criteria for
231 involuntary examination of minors under this section and
232 specifying the findings on which that conclusion is based. The
233 ex parte order for involuntary examination must be based on
234 written or oral sworn testimony that includes actual knowledge
235 of specific facts that support the findings. If other less
236 restrictive means are not available, such as voluntary
237 appearance for outpatient evaluation, a law enforcement officer,
238 a parent or guardian, the parent’s or guardian’s designee, a
239 medical provider, or any other designated agent of the court
240 must take the minor into custody and transport the minor to the
241 nearest appropriate facility within the designated receiving
242 system pursuant to s. 394.462 for involuntary examination.
243 Immediately after a minor’s arrival at a receiving facility, the
244 facility staff shall verbally explain to the minor, and, if
245 present, the minor’s parent or guardian, the rights of patients
246 under s. 394.459 using plain language and terminology that the
247 minor understands and shall provide a copy of the rights or
248 physically show the minor where the notice of rights of patients
249 is posted in the facility as required under s. 394.459(12). If
250 the minor’s parent or guardian is not present at the time of the
251 minor’s arrival, the facility must attempt to notify the parent
252 or guardian pursuant to s. 394.4599(2)(c)2. The order of the
253 court must be made a part of the minor’s clinical record. A fee
254 may not be charged for the filing of an order under this
255 paragraph. A facility accepting the patient based on such order
256 shall send a copy of the order to the department within 5
257 working days. The order may be submitted electronically through
258 existing data systems, if applicable. The order is valid only
259 until the sooner of the minor being delivered to the facility or
260 expiration of the period specified in the order. If a period is
261 not specified in the order, the order is valid for 7 days after
262 the date the order was signed.
263 (b)1. A law enforcement officer may take a minor who
264 appears to meet the criteria for involuntary examination of
265 minors under this section into custody and, consistent with
266 subsection (6), deliver the minor or have him or her delivered
267 by another person to the nearest appropriate facility within the
268 designated receiving system pursuant to s. 394.462 for a
269 determination as to whether the minor meets the criteria for
270 involuntary examination. Whenever possible, an officer
271 considering such transportation must use telehealth resources or
272 other means to obtain the advice of a medical professional
273 authorized to initiate involuntary examinations as to whether
274 the minor meets the criteria for involuntary examination before
275 transporting him or her to a receiving facility. An officer who
276 uses such services or means and is advised that a minor does not
277 meet the criteria for involuntary examination may not take the
278 minor into custody or have the minor