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
HB 1463 2023
1 A bill to be entitled
2 An act relating to childhood mental health, safety,
3 and welfare; providing legislative findings; amending
4 s. 394.495, F.S.; revising the array of services
5 offered by the child and adolescent mental health
6 system of care; amending s. 394.9086, F.S.; revisin g
7 the duties of the Commission on Mental Health and
8 Substance Abuse; creating s. 456.0342, F.S.; providing
9 applicability; requiring specified mental health care
10 professionals to complete a course on technology
11 addiction and pornography addiction by a specified
12 date; requiring that the course address certain
13 content; requiring certain licensing boards to include
14 the course hours in the total hours of continuing
15 education required for certain professions; creating
16 s. 490.0086, F.S.; requiring the Board of Psychology
17 to require applicants to complete a course on
18 technology addiction and pornography addiction as a
19 condition of licensure; providing a time extension for
20 certain applicants; creating s. 491.0066, F.S.;
21 requiring the Board of Clinical Social Work, Marriage
22 and Family Therapy, and Mental Health Counseling to
23 require applicants to complete a course on technology
24 addiction and pornography addiction as a condition of
25 licensure; providing a time extension for certain
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26 applicants; creating s. 501.172, F.S.; defining terms;
27 requiring that a warning label be affixed to the
28 packaging of certain digital devices; providing
29 requirements for the warning label; creating s.
30 501.173, F.S.; defining terms; requiring a commercial
31 entity to verify the age of individuals attempting to
32 access certain material online; prohibiting a
33 commercial entity from retaining personal identifying
34 information; providing an exception to news entities;
35 providing that certain entities may not be held to
36 have violated the section by performing certain
37 services; creating s. 501.174, F.S.; authorizing the
38 Department of Legal Affairs to adopt rules;
39 authorizing the department to initiate a legal
40 proceeding against a party for alleged violations;
41 providing the party with a time to cure; providing
42 judicial remedies; amending s. 847.001, F.S.; revising
43 the definition of the term "harmful to minors";
44 amending s. 847.012, F.S.; revising the circumstances
45 under which the distribution of harmful material to
46 minors is deemed to have occurred; providing an
47 exception for certain school-related materials;
48 amending s. 1002.321, F.S.; limiting the proportion of
49 instructional time that may be delivered in an
50 electronic or digital format; providing that
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51 instructional time includes certain standardized or
52 progress monitoring assessments; requiring the State
53 Board of Education to adopt rules; requiring certain
54 schools to notify a parent of instruction given in an
55 electronic or digital format; amending s. 1002.33,
56 F.S.; revising the statutes with which a charter
57 school must comply; amending s. 1002.42, F.S.;
58 requiring private schools to publish online a list of
59 websites approved for instructional purposes;
60 requiring private schools to adopt a policy regarding
61 the use of a wireless communications device by
62 students; specifying that such policy must prohibit
63 student use of such devices for any purpose during
64 school hours, prohibit an individual from posting a
65 student's image on social media which was created
66 during school hours, and prohibit the online sharing
67 of certain student location information; defining the
68 term "personal wireless communications device";
69 prohibiting a student's parent or guardian from
70 waiving policy requirements; amending s. 1006.07,
71 F.S.; defining the term "wireless communications
72 device"; requiring district school boards to adopt a
73 code of student conduct which prohibits the use of
74 wireless communications devices by students during
75 school hours; requiring district school boards to
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76 adopt a policy that prohibits an individual from
77 posting a student's image or location information on a
78 social media platform; providing that a student's
79 parent or guardian may not waive the requirements;
80 amending s. 1006.28, F.S.; deleting a time limit for
81 the parent of a public school student to file a
82 petition to contest a school board's adoption of
83 specific instructional material; making technical
84 changes; deleting a requirement for a certain hearing;
85 requiring each district school board to annually
86 publish a list of websites for use by students for
87 instructional purposes; amending s. 1006.29, F.S.;
88 revising the definition of the term "instructional
89 materials"; reenacting and amending s. 1006.40, F.S.,
90 relating to instructional materials allocation;
91 requiring the Department of Education to seize from
92 district school boards certain materials purchased or
93 employed which are harmful to minors; providing a
94 penalty for violations; reenacting ss. 1006.31(2) and
95 1006.34(2)(b), F.S., relating to evaluation of
96 instructional materials and selection and adoption of
97 instructional materials, respectively, to incorporate
98 the amendment made to s. 847.012, F.S., in references
99 thereto; amending s. 1011.62, F.S.; requiring that
100 school district plans adopted in connection with the
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101 Mental Health Assistance Allocation include strategies
102 or programs to reduce the likelihood of and improve
103 the early identification of students developing
104 specified addictions; amending ss. 381.88 and 1011.67,
105 F.S.; conforming cross-references; providing an
106 effective date.
107
108 Be It Enacted by the Legislature of the State of Florida:
109
110 Section 1. The Legislature finds that:
111 (1) Healthy brain development in children positively
112 impacts communication skills, focus and attention, the
113 development of executive functioning skills, the ability to
114 solve simple and complex problems, impulse control, mental
115 health, and overall wellness.
116 (2) Excessive use of digital media has been shown to
117 interfere with healthy sleep habits, expose children to
118 dangerous relationships and materials online, lead to a loss of
119 interest in activities, result in lower test scores and grades,
120 and result in an increase in addiction, aggression, depression
121 and anxiety, self-harm, attention-deficit hyperactivity
122 disorder, and deceptive behaviors.
123 (3) Young children who use screens more than an ho ur a day
124 without parental involvement have been shown to have lower
125 levels of development in the brain's white matter, which is an
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126 area key to the development of language, literacy, and cognitive
127 skills.
128 (4) Chronic sensory stimulation mimics early-stage
129 dementia due to difficulty with concentration, orientation,
130 memory acquisition and recall, and self-care.
131 (5) Due to unprecedented access to digital devices,
132 children have access to pornography at higher rates than ever.
133 Such access at a young age interferes with normal development
134 and the establishment of healthy relationships.
135 (6) Excessive use of digital media negatively impacts
136 brain development in children so significantly that the
137 cognitive and mental health ramifications faced by children have
138 manifested into a public health crisis.
139 Section 2. Paragraphs (f) and (g) are added to subsection
140 (2) and paragraphs (r) and (s) are added to subsection (4) of
141 section 394.495, Florida Statutes, to read:
142 394.495 Child and adolescent mental health system of care;
143 programs and services.—
144 (2) The array of services must include assessment services
145 that provide a professional interpretation of the nature of the
146 problems of the child or adolescent and his or her family;
147 family issues that may impact the problems; additional factors
148 that contribute to the problems; and the assets, strengths, and
149 resources of the child or adolescent and his or her family. The
150 assessment services to be provided shall be determined by the
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151 clinical needs of each child or adolescent. Assessment services
152 include, but are not limited to, evaluation and screening in the
153 following areas:
154 (f) Technology addiction.
155 (g) Pornography addiction.
156
157 The assessment for academic achievement is the financial
158 responsibility of the school district. The department shall
159 cooperate with other state agencies and the school district to
160 avoid duplicating assessment services.
161 (4) The array of services may include, but is not limited
162 to:
163 (r) Technology addiction treatment.
164 (s) Pornography addiction treatment.
165 Section 3. Paragraph (a) of subsection (4) of section
166 394.9086, Florida Statutes, is amended to read:
167 394.9086 Commission on Mental Health and Substance Abuse. —
168 (4) DUTIES.—
169 (a) The duties of the Commission on Mental Health and
170 Substance Abuse include the following:
171 1. Conducting a review and evaluation of the management
172 and functioning of the existing publicly supported mental health
173 and substance abuse systems and services in the department, the
174 Agency for Health Care Administration, and all other departments
175 which administer mental health and substance abuse services.
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176 Such review shall include, at a minimum, a review of current
177 goals and objectives, current planning, services strategies,
178 coordination management, purchasing, contracting, financing,
179 local government funding responsibility, and accountability
180 mechanisms.
181 2. Considering the unique needs of persons who are dually
182 diagnosed.
183 3. Addressing access to, financing of, and scope of
184 responsibility in the delivery of emergency behavioral health
185 care services.
186 4. Addressing the quality and effectiveness of current
187 mental health and substance abuse services delivery systems, and
188 professional staffing and clinical structure of services, roles,
189 and responsibilities of public and private providers, such as
190 community mental health centers; community substance abuse
191 agencies; hospitals, including emergency services departments;
192 law enforcement agencies; and the judicial system.
193 5. Addressing priority population groups for publicly
194 funded mental health and substance abuse services, identifying
195 the comprehensive mental health and substance abuse services
196 delivery systems, mental health and substance abuse needs
197 assessment and planning activities, and local government funding
198 responsibilities for mental health and substance abuse services.
199 6. Reviewing the implementation of chapter 2020-107, Laws
200 of Florida.
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201 7. Identifying any gaps in the provision of mental health
202 and substance use disorder services.
203 8. Providing recommendations on how behavioral health
204 managing entities may fulfill their purpose of promoting service
205 continuity.
206 9. Providing recommendations on how service providers and
207 school districts can best identify, treat, and serve children
208 suffering from technology addiction or pornography addiction.
209 10. Providing Making recommendations regarding the mission
210 and objectives of state-supported mental health and substance
211 abuse services and the planning, management, staffing,
212 financing, contracting, coordination, and accountability
213 mechanisms which will best foster the recommended m