Florida Senate - 2024                                    SB 1306
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01469-24                                           20241306__
    1                        A bill to be entitled                      
    2         An act relating to behavioral health; amending s.
    3         394.463, F.S.; requiring a law enforcement officer to
    4         provide a parent or legal guardian of a minor being
    5         transported to certain facilities with specified
    6         facility information; amending s. 394.4785, F.S.;
    7         requiring a specified mental health facility to have a
    8         waiting area for minors which is physically separate
    9         from any adult waiting area; amending s. 365.179,
   10         F.S.; defining the term “mobile response team”;
   11         requiring sheriffs to develop and implement certain
   12         written agreements with mobile response team
   13         providers; providing requirements for such agreements;
   14         requiring a 911 public safety answering point to
   15         dispatch a mobile response team as the primary
   16         responder under certain circumstances; providing an
   17         exception; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (a) of subsection (2) of section
   22  394.463, Florida Statutes, is amended to read:
   23         394.463 Involuntary examination.—
   24         (2) INVOLUNTARY EXAMINATION.—
   25         (a) An involuntary examination may be initiated by any one
   26  of the following means:
   27         1. A circuit or county court may enter an ex parte order
   28  stating that a person appears to meet the criteria for
   29  involuntary examination and specifying the findings on which
   30  that conclusion is based. The ex parte order for involuntary
   31  examination must be based on written or oral sworn testimony
   32  that includes specific facts that support the findings. If other
   33  less restrictive means are not available, such as voluntary
   34  appearance for outpatient evaluation, a law enforcement officer,
   35  or other designated agent of the court, shall take the person
   36  into custody and deliver him or her to an appropriate, or the
   37  nearest, facility within the designated receiving system
   38  pursuant to s. 394.462 for involuntary examination. The order of
   39  the court shall be made a part of the patient’s clinical record.
   40  A fee may not be charged for the filing of an order under this
   41  subsection. A facility accepting the patient based on this order
   42  must send a copy of the order to the department within 5 working
   43  days. The order may be submitted electronically through existing
   44  data systems, if available. The order shall be valid only until
   45  the person is delivered to the facility or for the period
   46  specified in the order itself, whichever comes first. If a time
   47  limit is not specified in the order, the order is valid for 7
   48  days after the date that the order was signed.
   49         2. A law enforcement officer shall take a person who
   50  appears to meet the criteria for involuntary examination into
   51  custody and deliver the person or have him or her delivered to
   52  an appropriate, or the nearest, facility within the designated
   53  receiving system pursuant to s. 394.462 for examination. A law
   54  enforcement officer transporting a person pursuant to this
   55  subparagraph shall restrain the person in the least restrictive
   56  manner available and appropriate under the circumstances. If
   57  transporting a minor and the parent or legal guardian of the
   58  minor is present, before departing, the law enforcement officer
   59  must provide the parent or legal guardian of the minor with the
   60  name, address, and contact information for the facility within
   61  the designated receiving system to which the law enforcement
   62  officer is transporting the minor. The officer shall execute a
   63  written report detailing the circumstances under which the
   64  person was taken into custody, which must be made a part of the
   65  patient’s clinical record. The report must include all emergency
   66  contact information for the person that is readily accessible to
   67  the law enforcement officer, including information available
   68  through electronic databases maintained by the Department of Law
   69  Enforcement or by the Department of Highway Safety and Motor
   70  Vehicles. Such emergency contact information may be used by a
   71  receiving facility only for the purpose of informing listed
   72  emergency contacts of a patient’s whereabouts pursuant to s.
   73  119.0712(2)(d). Any facility accepting the patient based on this
   74  report must send a copy of the report to the department within 5
   75  working days.
   76         3. A physician, a physician assistant, a clinical
   77  psychologist, a psychiatric nurse, an advanced practice
   78  registered nurse registered under s. 464.0123, a mental health
   79  counselor, a marriage and family therapist, or a clinical social
   80  worker may execute a certificate stating that he or she has
   81  examined a person within the preceding 48 hours and finds that
   82  the person appears to meet the criteria for involuntary
   83  examination and stating the observations upon which that
   84  conclusion is based. If other less restrictive means, such as
   85  voluntary appearance for outpatient evaluation, are not
   86  available, a law enforcement officer shall take into custody the
   87  person named in the certificate and deliver him or her to the
   88  appropriate, or nearest, facility within the designated
   89  receiving system pursuant to s. 394.462 for involuntary
   90  examination. The law enforcement officer shall execute a written
   91  report detailing the circumstances under which the person was
   92  taken into custody. The report must include all emergency
   93  contact information for the person that is readily accessible to
   94  the law enforcement officer, including information available
   95  through electronic databases maintained by the Department of Law
   96  Enforcement or by the Department of Highway Safety and Motor
   97  Vehicles. Such emergency contact information may be used by a
   98  receiving facility only for the purpose of informing listed
   99  emergency contacts of a patient’s whereabouts pursuant to s.
  100  119.0712(2)(d). The report and certificate shall be made a part
  101  of the patient’s clinical record. Any facility accepting the
  102  patient based on this certificate must send a copy of the
  103  certificate to the department within 5 working days. The
  104  document may be submitted electronically through existing data
  105  systems, if applicable.
  106  
  107  When sending the order, report, or certificate to the
  108  department, a facility shall, at a minimum, provide information
  109  about which action was taken regarding the patient under
  110  paragraph (g), which information shall also be made a part of
  111  the patient’s clinical record.
  112         Section 2. Present subsection (2) of section 394.4785,
  113  Florida Statutes, is redesignated as subsection (3), and a new
  114  subsection (2) is added to that section, to read:
  115         394.4785 Children and adolescents; admission and placement
  116  in mental facilities.—
  117         (2)A crisis stabilization unit that admits children and
  118  adults must have a waiting area for minors which is physically
  119  separate from any waiting area used by adults.
  120         Section 3. Present subsection (5) of section 365.179,
  121  Florida Statutes, is redesignated as subsection (6), a new
  122  subsection (5) is added to that section, and subsection (1) and
  123  present subsection (5) of that section are amended, to read:
  124         365.179 Direct radio communication between 911 public
  125  safety answering points and first responders.—
  126         (1) As used in this section, the term:
  127         (a) “First responder agency” includes each law enforcement
  128  agency and fire service agency, other than a state agency, and
  129  each emergency medical services provider, that is designated as
  130  a primary first responder for the service area in which a 911
  131  public safety answering point receives 911 calls.
  132         (b)“Mobile response team” means a team established under
  133  s. 394.495(7).
  134         (c)(b) “911 public safety answering point” or “PSAP” means
  135  a municipal or county emergency communications or 911 call
  136  center in this state that receives cellular, landline, or text
  137  to-911 communications.
  138         (5)Each sheriff shall develop and implement written
  139  agreements with all providers of mobile response teams within
  140  the county. The written agreements shall specify the protocols
  141  and methods for dispatching mobile response teams when the PSAP
  142  receives a call regarding a behavioral health emergency for a
  143  child or adolescent. If the PSAP determines that a mobile
  144  response team is the most appropriate responder to a child or
  145  adolescent’s behavioral health emergency, the PSAP must dispatch
  146  the mobile response team as the primary responder unless the
  147  mobile response team is not available.
  148         (6)(5) Each primary first responder agency, PSAP, mobile
  149  response team, and dispatch center within each county shall
  150  train all applicable personnel regarding the procedures and
  151  protocols specified in the interlocal agreements made pursuant
  152  to this section. This training shall also include radio
  153  functionality and how to readily access the necessary dispatch
  154  channels in accordance with the interlocal agreements, and, if
  155  appropriate, agreements with mobile response teams.
  156         Section 4. This act shall take effect July 1, 2024.