The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/SB 590
INTRODUCER: Appropriations Committee and Senator Harrell
SUBJECT: Involuntary Examinations of Minors
DATE: April 21, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Delia Cox CF Favorable
2. Jahnke Bouck ED Favorable
3. Sneed Sadberry AP Fav/CS
I. Summary:
CS/SB 590 requires public and charter schools to make a reasonable attempt to notify the parents
of a minor student before the student is removed from school, school transportation, or a school-
sponsored activity for an involuntary mental health examination. The bill provides that a school
principal or designee may delay notification if they believe it is necessary to avoid jeopardizing
the health and safety of the student.
The bill requires all school safety officers to undergo crisis intervention training. The bill also
requires schools to contact a health care practitioner capable of initiating a Baker Act in person
or via telehealth prior to a Baker Act being initiated. The bill mandates the collection of data by
school districts and the Department of Children and Families (DCF) relating to the number and
frequency of involuntary examinations of minors initiated by schools.
The bill specifies that parents of public school students have the right to timely notification of
threats, unlawful acts, and significant emergencies, as well as access to school safety and
discipline incidents as reported in the school environmental safety incident report.
The bill adds requirements to the student code of conduct to include:
 Criteria for recommending to law enforcement that a student who commits a criminal offense
be allowed to participate in a civil citation or similar prearrest diversion program as an
alternative to expulsion or arrest; and
 Criteria for assigning a student who commits a petty act of misconduct, to a school-based
intervention program. If a student’s assignment is based on a noncriminal offense, the
student’s participation in a school-based intervention program may not be entered into the
Department of Juvenile Justice Information System Prevention Web.
The bill allows district school board policies to provide accommodations for drills conducted by
exceptional education centers, and requires district school boards to establish certain emergency
BILL: CS/SB 590 Page 2
response and emergency preparedness policies and procedures. The bill also requires timely
notice to parents of specified unlawful acts and significant emergency situations on school
grounds, school transportation, or school-sponsored activities.
The bill will have an indeterminate, but likely insignificant, negative fiscal impact on public and
charter schools and the DCF.
The bill is effective July 1, 2021.
II. Present Situation:
Baker Act
The Florida Mental Health Act, otherwise known as the Baker Act, was enacted in 1971 to revise
the state’s mental health commitment laws.1 The Act includes legal procedures for mental health
examination and treatment, including voluntary and involuntary examinations. It additionally
protects the rights of all individuals examined or treated for mental illness in Florida.2
Involuntary Examination and Receiving Facilities
Individuals in an acute mental or behavioral health crisis may require emergency treatment to
stabilize their condition. Emergency mental health examination and stabilization services may be
provided on a voluntary or involuntary basis.3 An involuntary examination is required if there is
reason to believe that the person has a mental illness and because of his or her mental illness:4
 The person has refused voluntary examination after conscientious explanation and disclosure
of the purpose of the examination or is unable to determine for himself or herself whether
examination is necessary; and
 Without care or treatment, the person is likely to suffer from neglect or refuse to care for
himself or herself; such neglect or refusal poses a real and present threat of substantial harm
to his or her well-being; and it is not apparent that such harm may be avoided through the
help of willing family members or friends or the provision of other services; or
 There is a substantial likelihood that without care or treatment the person will cause serious
bodily harm to himself or herself or others in the near future, as evidenced by recent
behavior.
An involuntary examination may be initiated by any of the following means:
 A circuit or county court may enter an ex parte order stating that a person appears to meet the
criteria for involuntary examination and specifying the findings on which that conclusion is
based;5
 A law enforcement officer may take a person who appears to meet the criteria for involuntary
examination into custody and deliver the person or have him or her delivered to an
1
Sections 394.451-394.47891, F.S.
2
Section 394.459, F.S.
3
See Sections 394.4625 and 394.463, F.S.
4
Section 394.463(1), F.S.
5
Section 394.463(2)(a)1., F.S.
BILL: CS/SB 590 Page 3
appropriate, or the nearest, facility within the designated receiving system pursuant to
s. 394.462, F.S., for examination;6 or
 Any of the following healthcare professionals may execute a certificate stating that he or she
has examined a person within the preceding 48 hours and finds that the person appears to
meet the criteria for involuntary examination:
o Physicians;
o Clinical psychologists;
o Psychiatric nurses;
o Advanced practice registered nurse registered under s. 464.0123, F.S.;
o Mental Health Counselors;
o Marriage and family therapists; or
o Clinical social workers.7
Involuntary patients must be taken to either a public or a private facility that has been designated
by the Department of Children and Families (DCF) as a Baker Act receiving facility. The
purpose of a receiving facility is to receive and hold or refer, as appropriate, involuntary patients
under emergency conditions for mental health or substance abuse evaluation and to provide
treatment or transportation of the patient to the appropriate service provider.8 A public receiving
facility is a facility that has contracted with a managing entity to provide mental health services
to all persons, regardless of their ability to pay, and is receiving state funds for such purpose.9
Funds appropriated for Baker Act services may only be used to pay for services to diagnostically
and financially eligible persons, or those who are acutely ill, in need of mental health services,
and who are the least able to pay.10
A Crisis Stabilization Unit (CSU) is a specialized public receiving facility that receives state
funding to provide services to individuals showing acute mental health disorders.11 The purpose
of a crisis stabilization unit is to stabilize and redirect a client to the most appropriate and least
restrictive community setting available, consistent with the client’s needs.12 CSUs screen, assess,
and admit for stabilization individuals who voluntarily present themselves to the unit, as well as
individuals who are brought to the unit on an involuntary basis.13 CSUs provide patients with 24-
hour observation, medication prescribed by a physician or psychiatrist, and other appropriate
services.14 Individuals often enter the public mental health system through CSUs.15 For this
reason, crisis services are a part of the comprehensive, integrated, community mental health and
substance abuse services established by the Legislature in the 1970s to ensure continuity of care
for individuals.16
6
Section 394.463(2)(a)2., F.S.
7
Section 394.463(2)(a)3., F.S.
8
Section 394.455(40), F.S.
9
Section 394.455(38), F.S
10
Rule 65E-5.400(2), F.A.C.
11
Section 394.875, F.S.
12
Section 394.875(1)(b) and (c)
13
Section 394.875(1)(a), F.S.
14
Id.
15
Florida Senate, Budget Subcommittee on Health and Human Services Appropriations, Crisis Stabilization Units, (Interim
Report 2012-109), p. 2 (Sept. 2011), available at
https://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-109bha.pdf (last visited April 19, 2021).
16
Sections 394.451-394.47891, F.S.
BILL: CS/SB 590 Page 4
Currently, there are 122 Baker Act receiving facilities in the state, including 54 public receiving
facilities and 68 private receiving facilities.17 Of the 54 public receiving facilities, 40 are
designated as CSUs.18
Under the Baker Act, a receiving facility must examine an involuntary patient within 72 hours of
arrival.19 During those 72 hours, an involuntary patient must be examined by a physician or a
clinical psychologist, or by a psychiatric nurse performing within the framework of an
established protocol with a psychiatrist at a facility to determine if the criteria for involuntary
services are met.20 If the patient is a minor, the examination must be initiated within 12 hours.21
Within that 72-hour examination period, or if the 72 hours ends on a weekend or holiday, no
later than the next business day, one of the following must happen:
 The patient must be released, unless he or she is charged with a crime, in which case law
enforcement will assume custody;
 The patient must be released for voluntary outpatient treatment;
 The patient, unless charged with a crime, must give express and informed consent to a
placement as a voluntary patient and admitted as a voluntary patient; or
 A petition for involuntary placement must be filed in circuit court for involuntary outpatient
or inpatient treatment.22
Mental Health Services for Students
The Florida Department of Education (DOE), through the Bureau of Exceptional Education and
Student Services and the Office of Safe Schools, promotes a system of support, policies, and
practices that focus on prevention and early intervention to improve student mental health and
school safety. Florida law requires instructional personnel to teach comprehensive health
education that addresses concepts of mental and emotional health, as well as substance use and
abuse.23 Student Services personnel, which includes school psychologists, school social workers,
and school counselors, are classified as instructional personnel responsible for advising students
regarding personal and social adjustments, and provide direct and indirect services at the district
and school level.24
State funding for school districts’ mental health services is provided primarily by legislative
appropriations, the majority of which is distributed through an allocation through the Florida
Education Finance Program (FEFP) to each district. In addition to the basic amount for current
operations for the FEFP, the Legislature may appropriate categorical funding for specified
17
The Department of Children and Families, Designated Baker Act Receiving Facilities, (April 19, 2021), available at
https://www.myflfamilies.com/service-programs/samh/crisis-
services/docs/baker/Baker%20Act%20Receiving%20Faciliites.pdf (last visited April 19, 2021). Hospitals can also be
designated as public receiving facilities.
18
Id.
19
Section 394.463(2)(g), F.S.
20
Section 394.463(2)(f), F.S.
21
Section 394.463(2)(g), F.S.
22
Id.
23
Section 1003.42(2)(n), F.S.
24
Section 1012.01(2)(b), F.S.
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programs, activities, or purposes.25 Each district school board must include the amount of
categorical funds as a part of the district annual financial report to the DOE and the DOE must
submit a report to the Legislature that identifies by district and by categorical fund the amount
transferred and the specific academic classroom activity for which the funds were spent.26
The law allows district school boards and state agencies administering children’s mental health
funds to form a multiagency network to provide support for students with severe emotional
disturbance.27 The program goals for each component of the multiagency network are to:
 Enable students with severe emotional disturbance to learn appropriate behaviors, reduce
dependency, and fully participate in all aspects of school and community living;
 Develop individual programs for students with severe emotional disturbance, including
necessary educational, residential, and mental health treatment services;
 Provide programs and services as close as possible to the student’s home in the least
restrictive manner consistent with the student’s needs; and
 Integrate a wide range of services necessary to support students with severe emotional
disturbances and their families.28
The DOE awards grants to district school boards for statewide planning and development of the
multiagency Network for Students with Emotional or Behavioral Disabilities (SEDNET).29
SEDNET is a network of 19 regional projects that are composed of major child-serving agencies,
community-based service providers, and students and their families. Local school districts serve
as fiscal agents for each local regional project.30 SEDNET focuses on developing interagency
collaboration and sustaining partnerships among professionals and families in the education,
mental health, substance abuse, child welfare, and juvenile justice systems serving children and
youth with and at risk of emotional and behavioral disabilities.31
Mental Health Allocation
The mental health assistance allocation was established in 201832 to provide funding to assist
school districts in establishing or expanding school-based mental health care. These funds must
be allocated annually in the General Appropriations Act or other law to each eligible school
district. Each school district must receive a minimum of $100,000 with the remaining balance
allocated based on each school district’s proportionate share of the state’s total unweighted full-
time equivalent student enrollment. Eligible charter schools are entitled to a proportionate share
of district funding. At least 90 percent of a district’s allocation must be expended on the elements
25
Section 1011.62(6), F.S.
26
Id.
27
See s. 1006.04(1)(a), F.S.
28
Section 1006.04(1)(b), F.S.
29
Section 1006.04(2), F.S.
30
Fiscal agencies include the Brevard, Broward, Clay, Columbia, Miami-Dade, Escambia, Hendry, Hernando, Hillsborough,
Levy, Liberty, Orange, Palm Beach, Pinellas, Polk, St. Lucie, Volusia, and Washington school districts. Florida Department
of Education, Bureau of Exceptional Education and Student Services, BEESS Discretionary Projects, January 2017, at p. 11,
available at http://www.fldoe.org/core/fileparse.php/7567/urlt/projectslisting.pdf (last visited April 19, 2021).
31
The Florida Department of Education, Bureau of Exceptional Education and Student Services, BEESS Discretionary
Projects, January 2017, p. 11, available at http://www.fldoe.org/core/fileparse.php/7567/urlt/projectslisting.pdf (last visited
April 19, 2021).
32
Section 29, ch. 2018-4, L.O.F.
BILL: CS/SB 590 Page 6
specified in law. The allocated funds may not replace funds that are provided for this purpose
from other operating funds or be used to increase salaries or provide bonuses. School districts are
encouraged to maximize third-party health insurance benefits and Medicaid claiming for
services, where appropriate.33
Before the distribution of the allocation:
 The school district must develop and submit a detailed plan outlining the local program and
planned expenditures to the district school board for approval.
 A charter school must develop and submit a detailed plan outlining the local program and
planned expenditures to its governing body for approval and it must be provided to the
charter school’s sponsor after the plan is approved by the governing body.
 The required plans must be focused on delivering