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 transported to a facility.
  279         2.When a minor arrives at a receiving facility for
  280  involuntary examination initiated by a law enforcement officer,
  281  the minor may not be held involuntarily for more than 2 hours
  282  unless a physician, clinical psychologist, psychiatric nurse,
  283  school psychologist, mental health counselor, marriage and
  284  family therapist, or clinical social worker provides written
  285  certification stating that he or she has examined the minor and
  286  finds that the minor appears to meet the criteria for
  287  involuntary examination of minors and stating the observations
  288  upon which the finding is based. Upon the request of the minor’s
  289  parent or guardian, the parent or guardian must be allowed to
  290  remain with the minor at any time between the minor’s arrival at
  291  the facility and when the examination occurs unless there is
  292  recent and affirmative evidence, including, but not limited to,
  293  evidence provided by the minor, that allowing the minor’s parent
  294  or guardian to remain with the minor would cause an imminent
  295  risk of death, serious bodily harm, or physical or sexual abuse
  296  of the minor. Immediately after a minor’s arrival at a receiving
  297  facility, the facility staff shall verbally explain to the
  298  minor, and, if present, the minor’s parent or guardian, the
  299  rights of patients under s. 394.459 using plain language and
  300  terminology that the minor understands and shall provide a copy
  301  of the rights or physically show the minor where the notice of
  302  rights of patients is posted in the facility as required under
  303  s. 394.459(12). If the minor’s parent or guardian is not present
  304  at the time of the minor’s arrival, the facility must attempt to
  305  notify the parent or guardian as required by s. 394.4599(2)(c)2.
  306  and seek his or her consent for further examination of the
  307  minor, unless such consent is not required under subparagraph
  308  (2)(c)3.
  309         3.Regardless of whether a facility receives written
  310  certification that the minor meets the criteria for involuntary
  311  examination under subparagraph 2., the law enforcement officer
  312  who took the minor into custody must execute a written report
  313  detailing the circumstances under which the minor was taken into
  314  custody, and the report must be made a part of the minor’s
  315  clinical record. The facility shall send a copy of the report to
  316  the department within 5 working days, regardless of whether the
  317  minor is admitted. The law enforcement officer’s law enforcement
  318  agency shall retain a copy of the report pursuant to the
  319  agency’s policy and provide it to the minor’s parent or guardian
  320  at his or her request. The report must state the reasons the
  321  examination was initiated; specify whether the minor was taken
  322  into custody at a school and, if so, provide the name and
  323  address of the school; and specify which of the criteria under
  324  paragraph (2)(c) were met. If the criterion specified in
  325  subparagraph (2)(c)1. was met, the report must include the
  326  parent’s or guardian’s name and contact information. If the
  327  criterion specified in subparagraph (2)(c)2. was met, the report
  328  must state the means by which the law enforcement officer
  329  attempted to locate each parent or guardian. If the criterion
  330  specified in subparagraph (2)(c)3. was met, the report must
  331  include the recent and affirmative evidence that led to a
  332  conclusion that contacting the parent or guardian would pose an
  333  imminent risk of death, serious bodily harm, or physical or
  334  sexual abuse of the minor.
  335         (c)1.A physician, clinical psychologist, psychiatric
  336  nurse, school psychologist, mental health counselor, marriage
  337  and family therapist, or clinical social worker may provide
  338  written certification stating that he or she has examined a
  339  minor, either in person or through telehealth, within the
  340  preceding 48 hours and finds that the minor appears to meet the
  341  criteria for involuntary examination and stating the
  342  observations upon which that conclusion is based.
  343         2.If other less restrictive means, such as voluntary
  344  appearance for outpatient evaluation, are not available, a
  345  parent or guardian, the parent’s or guardian’s designee, a
  346  family member, a friend, a medical provider, a school counselor,
  347  a school administrator, or a law enforcement officer must take
  348  the minor named in the certification into custody and deliver
  349  him or her to the nearest appropriate facility within the
  350  designated receiving system pursuant to s. 394.462 for
  351  involuntary examination. Upon the minor’s arrival, the facility
  352  staff shall verbally explain to the minor, and, if present, the
  353  minor’s parent or guardian, the rights of patients under s.
  354  394.459 using plain language and terminology the minor
  355  understands and shall provide a copy of the rights or physically
  356  show the minor where the notice of rights of patients is posted
  357  in the facility as required under s. 394.459(12). If the minor’s
  358  parent or guardian is not present at the time of the minor’s
  359  arrival, the facility must attempt to notify the parent or
  360  guardian pursuant to s. 394.4599(2)(c)2. and seek his or her
  361  consent for further examination of the minor, except to the
  362  extent such consent is not required under subparagraph (2)(c)3.
  363  The minor must be transported consistent with the requirements
  364  imposed by subsection (6). If the person transporting the minor
  365  is a law enforcement officer, the officer must also execute a
  366  written report detailing the circumstances under which the minor
  367  was taken into custody. The report must state the reasons the
  368  examination was initiated; specify whether the minor was taken
  369  into custody at a school and, if so, provide the name and
  370  address of the school; and specify which criteria were met under
  371  paragraph (2)(c). If the criterion specified in subparagraph
  372  (2)(c)1. was met, the report must include the parent’s or
  373  guardian’s name and contact information. If the criterion
  374  specified in subparagraph (2)(c)2. was met, the report must
  375  state the means by which the law enforcement officer attempted
  376  to locate each parent or guardian. If the criterion specified in
  377  subparagraph (2)(c)3. was met, the report must include the
  378  recent and affirmative evidence that led to a conclusion that
  379  contacting the parent or guardian would pose an imminent risk of
  380  death, serious bodily harm, or physical or sexual abuse of the
  381  minor.
  382         3.The report and certificate must be made a part of the
  383  minor’s clinical record. Any facility accepting the minor based
  384  on the certificate must send a copy of the certificate to the
  385  department within 5 working days, regardless of whether the
  386  minor is not admitted or is admitted on a voluntary or
  387  involuntary basis. The document may be submitted electronically
  388  through existing data systems, if applicable. A full and
  389  complete copy of the minor’s clinical record or any portion
  390  thereof, including the report and certificate, must be provided
  391  to the minor’s parent or guardian upon his or her request.
  392         (4)REQUIRED FACILITY REPORTS.—
  393         (a)1.At the time the minor arrives at the receiving
  394  facility, the facility shall record whether the minor meets the
  395  criteria for involuntary services; whether the minor meets the
  396  criteria because of risk of death or serious bodily harm to
  397  himself or herself or others; the means by which the minor
  398  arrived at the facility, including whether he or she was
  399  transported there by a law enforcement officer; whether the
  400  area’s mobile crisis response team was contacted before the
  401  admission; the time and date the minor arrived at the facility;
  402  whether the minor has Medicaid, Medicare, private health
  403  insurance, or no health insurance; the minor’s age, name, race,
  404  gender, national origin, disability status, including whether
  405  the minor has a developmental disability, and social security
  406  number; any actions taken after the initial examination,
  407  including whether the minor was released or examined further;
  408  and any other information the department requires by rule.
  409         2.At the conclusion of the period specified in subsection
  410  (8), the facility shall record the time and date that the minor
  411  left the facility or that a petition for involuntary services
  412  was initiated pursuant to paragraph (8)(d); whether psychotropic
  413  medication was administered to the minor while the minor was in
  414  the facility; if the minor left the facility, a description of
  415  the follow-up services provided; and any other information the
  416  department requires by rule.
  417         (b)A receiving facility shall submit the records created
  418  in paragraph (a) to the department in a sworn written report
  419  that also includes copies of any reports prepared by law
  420  enforcement or school personnel required under this section. The
  421  information in the report must also be made a part of the
  422  minor’s clinical record. The department may adopt rules
  423  governing such reports.
  424         (5)RIGHT TO COUNSEL.—Upon a minor’s arrival at a receiving
  425  facility, the facility shall notify the minor and his or her
  426  parent or guardian of the minor’s right to counsel and shall
  427  provide the minor the opportunity to immediately consult with
  428  and be represented by a public defender or the minor’s attorney.
  429         (6)TRANSPORTATION.—All persons initiating the involuntary
  430  examination of a minor shall make every effort to avoid
  431  transporting minors in vehicles ordinarily used for law
  432  enforcement purposes. When law enforcement officers initiate or
  433  participate in the transportation of a minor for involuntary
  434  examination, they must use the least restrictive means for
  435  transporting the minor and must use unmarked vehicles or
  436  ambulances if available. Law enforcement officers must allow a
  437  minor’s parent or guardian or the parent’s or guardian’s
  438  designee, if available, to transport the minor to the receiving
  439  facility unless there is compelling evidence that doing so would
  440  endanger the minor. If the parent or guardian of a minor, or the
  441  parent’s or guardian’s designee, is unavailable to transport the
  442  minor, law enforcement officers must allow other appropriate and
  443  willing persons, if available, to transport the minor, including
  444  a school counselor, school administrator, family member, friend,
  445  or medical provider, unless there is compelling evidence that
  446  doing so would endanger the minor. If a minor is transported by
  447  a law enforcement officer, the officer must allow the minor’s
  448  parent or guardian to ride in the same vehicle with the minor
  449  unless there is compelling evidence that doing so would endanger
  450  the minor. Law enforcement officers may not use restraints on a
  451  minor being transported for involuntary examination, including
  452  handcuffs, hobbles, and zip ties, except in a situation where
  453  there is no other available means to prevent imminent serious
  454  bodily harm to the minor or others. A department or agency
  455  policy requiring that all persons transported in police cars be
  456  restrained may not be used to justify the use of restraints on
  457  minors transported pursuant to this section.
  458         (7)MINIMAL DETENTION.—When a minor is admitted to a
  459  receiving facility after an involuntary examination is initiated
  460  by someone other than a physician, a clinical psychologist, or a
  461  psychiatric nurse performing within the framework of an
  462  established protocol with a psychiatrist at a facility, a
  463  physician, a clinical psychologist, or a psychiatric nurse must
  464  examine the minor immediately upon admission to determine if the
  465  criteria for involuntary services are met. A minor must be
  466  released from a receiving facility as soon as a physician, a
  467  clinical psychologist, a psychiatric nurse, an advanced practice
  468  registered nurse registered under s. 464.0123, a mental health
  469  counselor, a marriage and family therapist, or a clinical social
  470  worker at the facility determines that the minor no longer meets
  471  the criteria for involuntary examination of minors. Facilities
  472  may establish procedures to designate one or more employees to
  473  make such determination, but the facility must have at least one
  474  staff member with the authority to make such a determination at
  475  the facility at all times. Emergency treatment may be provided
  476  to a minor upon the order of a physician if the physician
  477  determines that such treatment is necessary for the safety of
  478  the minor or others. A minor must be immediately released if the
  479  minor’s parent or guardian revokes consent for his or her
  480  admission to a facility.
  481         (8)DURATION AND CONCLUSION OF INVOLUNTARY EXAMINATION.—The
  482  examination period for a minor may not last longer than 72
  483  hours. Within the examination period, one of the following
  484  actions must be taken based on the individual needs of the
  485  minor:
  486         (a)The minor must be released pursuant to subsection (7).
  487         (b)The minor must be released for voluntary outpatient
  488  treatment.
  489         (c)If the minor and the minor’s parent or guardian have
  490  given express and informed written consent to placement as a
  491  voluntary patient, the minor must be admitted as a voluntary
  492  patient.
  493         (d)A petition for involuntary services must be filed in
  494  the circuit court if inpatient treatment is deemed necessary or
  495  with the criminal county court, as defined in s. 394.4655(1), as
  496  applicable. If inpatient treatment is deemed necessary, the
  497  least restrictive treatment consistent with the optimum
  498  improvement of the minor’s condition must be made available. A
  499  petition for involuntary inpatient placement must state, under
  500  penalty of perjury, that the receiving facility administrator
  501  believes that the minor meets the criteria for involuntary
  502  placement and that the facility intends to pursue such
  503  placement. The petition must be filed by the facility
  504  administrator.
  505         (9)REMOVAL FROM SCHOOLS.—
  506         (a)A student may not be removed from any school as defined
  507  in s. 1003.01(17) and transported to a receiving facility for
  508  involuntary examination unless the school principal, the school
  509  counselor, the school psychologist, or any other school official
  510  who has the most knowledge about the circumstances of the
  511  student’s removal submits a written report to the department
  512  containing all of the following information:
  513         1.The school name and address.
  514         2.The time and date of the removal.
  515         3.The student’s name, age, grade, race, gender, and
  516  national origin.
  517         4.Whether the student has a disability, including whether
  518  he or she has a Section 504 plan or an individual education plan
  519  (IEP), and the basis for such classification or receipt of
  520  services, including the nature of the disability or medical
  521  diagnosis.
  522         5.Whether the student is experiencing homelessness as
  523  defined in s. 1003.01(4).
  524         6.Whether the student has limited English proficiency as
  525  defined in s. 1003.56(2)(a).
  526         7.The circumstances leading to the involuntary
  527  examination, including whether the behavior leading to the
  528  involuntary examination was observed by a law enforcement
  529  officer directly or relayed to a law enforcement officer
  530  indirectly and whether the basis for the removal was for danger
  531  to self or others.
  532         8.If the involuntary examination was initiated because of
  533  danger to self, whether the school used a suicide screening
  534  instrument approved under s. 1012.583.
  535         9.Whether a physician, clinical psychologist, psychiatric
  536  nurse, school psychologist, mental health counselor, marriage
  537  and family therapist, clinical social worker, or mobile crisis
  538  team, and, if the student has a disability, an exceptional
  539  student education director or a member of the student’s IEP
  540  team, was present on the school campus at the time of the
  541  decision to remove the student or to contact law enforcement to
  542  do so.
  543         10.Whether a physician, clinical psychologist, psychiatric
  544  nurse, school psychologist, mental health counselor, marriage
  545  and family therapist, clinical social worker, or mobile crisis
  546  team, and, if the student has a disability, an exceptional
  547  student education director or a member of the student’s IEP
  548  team, was consulted before the decision to remove the student
  549  from the school for involuntary examination.
  550         11.If the student is a minor, whether a parent or guardian
  551  was contacted before the student’s removal and, if so, whether
  552  the parent or guardian consented to the removal and whether he
  553  or she was given the opportunity to remove the student from
  554  school.
  555         12.Any other information that the department determines is
  556  appropriate.
  557         (b)If a receiving facility receives a student for
  558  involuntary examination and the report of the law enforcement
  559  officer made pursuant to subsection (3) indicates that the
  560  student was removed from a school but the student is not
  561  accompanied by the school’s report required under paragraph (a)
  562  or the report is incomplete, the facility must contact the
  563  school by the end of the next working day and obtain a completed
  564  copy of the report. If the school fails to provide the report,
  565  the facility must notify the department by certified mail or by
  566  e-mail, if available, by the next working day. The department
  567  shall keep records of all such notifications and take all
  568  appropriate steps, in consultation with the Department of
  569  Education, to ensure that any failures to notify do not reoccur.
  570         (c)The department may adopt rules governing such reports.
  571         (10)PRIVACY.—A minor receiving treatment for mental
  572  illness may not be deprived of his or her right to privacy under
  573  state and federal law, the United States Constitution, or the
  574  State Constitution, including the right to keep the fact of such
  575  treatment confidential and not disclose the information except
  576  to those individuals who provide medical services or collect
  577  data on the use of involuntary and voluntary examination. This
  578  subsection may not be construed to limit any other rights minors
  579  may have under this chapter or other law, including, but not
  580  limited to, s. 394.459. Each entity sharing, collecting, or
  581  maintaining data or information under this section is required
  582  to meet the standards set forth in the National Institute of
  583  Standards and Technology Cybersecurity Framework Version 1.1.
  584         (11)ACCESS TO PARENTS OR GUARDIANS.—A minor must be
  585  provided as much contact with his or her parent or guardian as
  586  he or she desires and is practicable unless the treating
  587  psychiatrist executes a written certificate under penalty of
  588  perjury indicating that doing so would pose a risk of serious
  589  psychological harm. At a minimum, such contact must include
  590  daily in-person visiting hours and unlimited use of a telephone
  591  for the minor to contact his or her parent or guardian and, to
  592  the extent practicable, allow a minor’s parent or guardian to
  593  stay with the minor overnight in the receiving facility. This
  594  subsection may not be construed to limit any other rights minors
  595  may have under this chapter or other law, including, but not
  596  limited to, s. 394.459.
  597         (12)CONTINUITY OF CARE.—Receiving facility staff shall
  598  consult with the parent or guardian of a minor and any medical
  599  professionals treating the minor to ensure continuity of care
  600  and prevent disruption to the minor’s existing medication
  601  regimen. Psychotropic medication that a minor is not prescribed
  602  at the time of evaluation or treatment may be given or
  603  prescribed to a minor only after every reasonable effort has
  604  been made to consult with the minor’s existing medical and
  605  psychiatric providers.
  606         (13)VIOLATIONS.—Any minor whose rights under this chapter
  607  have been violated may file suit through his or her legal
  608  representative against any person, agency, municipality,
  609  district, or other entity in any court of this state having
  610  jurisdiction. A minor who files suit may seek declaratory
  611  relief, injunctive relief, and damages. Any person who acts in
  612  good faith in compliance with this part is immune from civil or
  613  criminal liability for his or her actions in connection with the
  614  admission, diagnosis, treatment, or discharge of a minor from a
  615  receiving facility, or the decision not to admit the minor or
  616  initiate an examination. However, this section does not relieve
  617  any person from liability if such person is negligent.
  618         (14)REPORTING ON VOLUNTARY EXAMINATION.—
  619         (a)For each minor examined on a voluntary basis by a
  620  receiving facility, the facility shall compile all of the
  621  following information in a written report to the department:
  622         1.The means by which the minor arrived at the facility,
  623  including whether he or she was transported by a law enforcement
  624  officer.
  625         2.Whether the area’s mobile crisis response team was
  626  contacted.
  627         3.Whether the minor is a student at a school as defined in
  628  s. 1003.01(17) or at a private school as defined in s. 1002.01,
  629  whether the minor was transported to the facility from that
  630  school, and, if so, the name of the school.
  631         4.The time and date the minor arrived at the facility.
  632         5.Whether the facility recommended that the minor
  633  voluntarily consent to admission.
  634         6.Whether the minor has Medicaid, Medicare, private health
  635  insurance, or no health insurance.
  636         7.Whether the minor has a developmental disability.
  637         8.The minor’s age, name, race, gender, and national
  638  origin.
  639         9.The time and date that the minor left the facility and a
  640  description of the follow-up services provided, if applicable.
  641         10.Any other information the department deems appropriate.
  642         (b)For any minor examined or admitted on a voluntary
  643  basis, the receiving facility must send a copy of the report to
  644  the department within 5 working days after the examination, and
  645  the facility must attach to the report copies of any reports
  646  provided by law enforcement agencies and schools pursuant to
  647  this section. The department shall publish aggregated data,
  648  broken down by demographics, for each category of information
  649  listed in subparagraphs (a)1.-10. for every receiving facility
  650  on an annual basis no later than 6 months after the conclusion
  651  of the fiscal year during which the data was collected.
  652         (c)This subsection may not be construed to alter or expand
  653  the authority of any person to examine a minor on a voluntary
  654  basis under s. 394.4625.
  655         (15)OUTSIDE REVIEW.—The department shall contract with a
  656  nationally recognized consultancy on crisis services for minors
  657  which is based outside this state to review this state’s
  658  provision of crisis services for minors. Such review must
  659  include examining the clinical records of a random sample of
  660  minors involuntarily examined and determining whether the
  661  services provided meet national best practices. The consultancy
  662  shall make recommendations for improvement of crisis services
  663  for minors. The review must also provide an estimate of the per
  664  minor cost of involuntary examination compared with other
  665  methods of addressing minors in crisis.
  666         (16)CONSTRUCTION.—This section takes precedence over any
  667  provision of this chapter which is inconsistent with this
  668  section.
  669         Section 3. Subsection (1) of section 394.467, Florida
  670  Statutes, is amended to read:
  671         394.467 Involuntary inpatient placement.—
  672         (1) CRITERIA.—
  673         (a) A person 18 years of age or older may be ordered for
  674  involuntary inpatient placement for treatment upon a finding of
  675  the court by clear and convincing evidence that:
  676         1.(a) He or she has a mental illness and because of his or
  677  her mental illness:
  678         a.(I)1.a. He or she has refused voluntary inpatient
  679  placement for treatment after sufficient and conscientious
  680  explanation and disclosure of the purpose of inpatient placement
  681  for treatment; or
  682         (II)b. He or she is unable to determine for himself or
  683  herself whether inpatient placement is necessary; and
  684         b.(I)2.a. He or she is incapable of surviving alone or with
  685  the help of willing and responsible family or friends, including
  686  available alternative services, and, without treatment, is
  687  likely to suffer from neglect or refuse to care for himself or
  688  herself, and such neglect or refusal poses a real and present
  689  threat of substantial harm to his or her well-being; or
  690         (II)b. There is substantial likelihood that in the near
  691  future he or she will inflict serious bodily harm on self or
  692  others, as evidenced by recent behavior causing, attempting, or
  693  threatening such harm; and
  694         2.(b) All available less restrictive treatment alternatives
  695  that would offer an opportunity for improvement of his or her
  696  condition have been judged to be inappropriate.
  697         (b)A minor may be ordered for involuntary inpatient
  698  placement for treatment if a court finds by clear and convincing
  699  evidence that all of the following conditions are met:
  700         1.The minor has a mental illness.
  701         2.Because of his or her mental illness, it is likely that
  702  the minor will, if not ordered for involuntary inpatient
  703  placement, imminently cause death or serious bodily harm to
  704  himself or herself or to others, as evidenced by recent behavior
  705  causing, attempting, or threatening such harm.
  706         3.Involuntary inpatient placement is the least restrictive
  707  means of preventing the minor from imminently causing serious
  708  bodily harm to himself or herself or others.
  709         4.a.The minor’s parent or guardian with the authority to
  710  consent to medical treatment, after being informed of the
  711  specific circumstances giving rise to the recommendation to do
  712  so, provides his or her express and informed voluntary consent
  713  for the minor’s examination at a receiving facility;
  714         b.The parent’s or guardian’s consent cannot be obtained
  715  under sub-subparagraph a. because the minor’s parent or guardian
  716  cannot be located after exhausting all reasonable efforts to
  717  contact each of them; or
  718         c.There is recent and affirmative evidence, including, but
  719  not limited to, evidence provided by the minor, that contacting
  720  the minor’s parent or guardian would cause an imminent risk of
  721  death, serious bodily harm, or physical or sexual abuse of the
  722  minor.
  723  
  724  As used in this paragraph, the term “serious bodily harm” means
  725  a physical condition that creates a substantial risk of death,
  726  protracted and obvious disfigurement, or protracted loss or
  727  impairment of a bodily member or of an organ’s function.
  728         Section 4. Paragraphs (a) and (b) of subsection (21) of
  729  section 409.996, Florida Statutes, are amended to read:
  730         409.996 Duties of the Department of Children and Families.
  731  The department shall contract for the delivery, administration,
  732  or management of care for children in the child protection and
  733  child welfare system. In doing so, the department retains
  734  responsibility for the quality of contracted services and
  735  programs and shall ensure that, at a minimum, services are
  736  delivered in accordance with applicable federal and state
  737  statutes and regulations and the performance standards and
  738  metrics specified in the strategic plan created under s.
  739  20.19(1).
  740         (21) The department, in consultation with lead agencies,
  741  shall establish a quality assurance program for contracted
  742  services to dependent children. The quality assurance program
  743  shall, at a minimum, be based on standards established by
  744  federal and state law, national accrediting organizations, and
  745  the Office of Quality established under s. 402.715, and must be
  746  consistent with the child welfare results-oriented
  747  accountability system required by s. 409.997.
  748         (a) The department must evaluate each lead agency under
  749  contract at least annually. These evaluations shall cover the
  750  programmatic, operational, and fiscal operations of the lead
  751  agency and must be consistent with the child welfare results
  752  oriented accountability system required under s. 409.997. The
  753  department must consult with dependency judges in the circuit or
  754  circuits served by the lead agency on the performance of the
  755  lead agency.
  756         (b) The department and each lead agency shall monitor out
  757  of-home placements, including the extent to which sibling groups
  758  are placed together or provisions to provide visitation and
  759  other contacts if siblings are separated and a record of each
  760  time a minor with an open case is examined under chapter 394,
  761  including whether the minor was voluntarily or involuntarily
  762  examined under s. 394.4625 or s. 394.463, and the number of days
  763  spent in a receiving facility. The data must shall identify
  764  reasons for sibling separation and examination under chapter
  765  394. Information related to sibling placement and examination
  766  under chapter 394 must shall be incorporated into the results
  767  oriented accountability system required under s. 409.997 and
  768  into the evaluation of the outcome specified in s.
  769  409.986(2)(e). The information related to sibling placement must
  770  shall also be made available to the institute established under
  771  s. 1004.615 for use in assessing the performance of child
  772  welfare services in relation to the outcome specified in s.
  773  409.986(2)(e).
  774         Section 5. Subsection (7) of section 1001.212, Florida
  775  Statutes, is amended to read:
  776         1001.212 Office of Safe Schools.—There is created in the
  777  Department of Education the Office of Safe Schools. The office
  778  is fully accountable to the Commissioner of Education. The
  779  office shall serve as a central repository for best practices,
  780  training standards, and compliance oversight in all matters
  781  regarding school safety and security, including prevention
  782  efforts, intervention efforts, and emergency preparedness
  783  planning. The office shall:
  784         (7) Provide data to support the evaluation of mental health
  785  services pursuant to s. 1004.44.
  786         (a) Such data must include, for each school, include the
  787  number of involuntary examinations as defined in s. 394.455
  788  which are initiated at the school, on school transportation, or
  789  at a school-sponsored activity and the number of children for
  790  whom an examination is initiated.
  791         1.The following information for each student must also be
  792  included with such data:
  793         a.The student’s name, age, grade, race, gender, and
  794  national origin;
  795         b.The student’s disability status, including whether he or
  796  she has or is eligible for a Section 504 plan or an individual
  797  education plan (IEP), and whether the reason for such services
  798  or eligibility is a developmental disability;
  799         c.Whether the student is experiencing homelessness as
  800  described in s. 1003.01(4);
  801         d.Whether the student has limited English proficiency as
  802  defined in s. 1003.56(2)(a);
  803         e.The number of school days that passed after the
  804  involuntary examination and before the day the student next
  805  attended school;
  806         f.Whether the student involuntarily examined has been
  807  previously examined and, if so, the number of times the student
  808  has been examined;
  809         g.Whether a mobile crisis response team was contacted
  810  before the examination, and, if so, whether the team conducted
  811  an examination of the child and the team’s recommendations;
  812         h.Whether the student’s parent or guardian was contacted
  813  before the decision to initiate the involuntary examination and
  814  whether the parent or guardian consented; and
  815         i.Any other information the department determines is
  816  appropriate.
  817         2.The information required under subparagraph 1. must be
  818  updated monthly, and data on total incidents of involuntary
  819  examination, disaggregated by the information specified in sub
  820  subparagraphs 1.a.-d., must be made publicly accessible on the
  821  department’s website, including on the K-12 data portal,
  822  annually within 90 days after the last day of each school year
  823  and in compliance with applicable privacy laws. Data aggregated
  824  by a school district for sub-subparagraph 1.f. must also be made
  825  publicly accessible on the department’s website annually and in
  826  compliance with applicable privacy laws. A school district shall
  827  notify all parents of the availability of this data before any
  828  deadlines for applications to transfer between schools or school
  829  districts. The department shall adopt rules setting minimum
  830  standards for documenting, reporting, and monitoring the use of
  831  involuntary examination of students under s. 394.463. The
  832  department must provide school districts with such standards
  833  before August 1, 2025.
  834         (b)Such data must also, for each school, include the
  835  number of incidents of mandatory mental health treatment and the
  836  number of children provided such treatment. For the purposes of
  837  this paragraph, the term “mandatory mental health treatment”
  838  means any time a student is required to undergo mental health
  839  treatment or examination as a condition of attendance at school
  840  or participation in any school activity. The term includes, but
  841  is not limited to:
  842         1.Mental health treatment as a condition of admittance to
  843  or transfer to or from a school;
  844         2.Mental health treatment as a condition of avoiding or
  845  modifying the severity of suspension, expulsion, transfer to
  846  another school, or discipline of any kind;
  847         3.Requiring a parent or guardian to take a student to a
  848  receiving facility for involuntary examination under s. 394.4635
  849  or voluntary examination under s. 394.4625;
  850         4.Involuntary examination initiated on a school campus or
  851  otherwise reported pursuant this section; or
  852         5.Mental health treatment or examination required as part
  853  of determining a student’s eligibility for, or as an element of,
  854  exceptional student instruction.
  855         (c)1.Each school district, charter school sponsor, or
  856  other entity operating a public school shall develop and submit
  857  to the office, no later than August 1, 2025, policies and
  858  procedures that are consistent with this subsection and that
  859  govern all of the following:
  860         a.Compliance with paragraphs (a) and (b).
  861         b.Monitoring and reporting of data collected.
  862         c.Notification to all parents and guardians at the
  863  beginning of a school year of their rights under ss.
  864  1002.20(3)(l) and 1002.33(9)(q).
  865         d.Training programs relating to involuntary examinations
  866  and mandatory mental health treatment.
  867         e.The entity’s plan for selecting personnel to be trained.
  868         f.The entity’s plan for eliminating the inappropriate use
  869  of involuntary examinations and other inappropriate mandatory
  870  mental health treatment. The plan must include a goal for
  871  reducing the necessity for involuntary examination and mandatory
  872  mental health treatment and must include activities, skills, and
  873  resources required to achieve that goal.
  874         2.The office shall monitor the effectiveness of the
  875  policies and procedures submitted pursuant to subparagraph 1.,
  876  and the department shall adopt rules to implement the most
  877  effective policies and procedures on a statewide basis.
  878         Section 6. (1)Effective September 1, 2025, a Telehealth
  879  Pilot Program is created within the Department of Children and
  880  Families to provide services to Hillsborough, Leon, and Miami
  881  Dade Counties for 1 year. The purpose of this pilot program is
  882  to assess whether the use of involuntary examination of a minor
  883  is appropriate before the minor is transported for an
  884  involuntary examination.
  885         (2)In each of the counties participating in the pilot
  886  program, before transporting a minor to a receiving facility for
  887  involuntary examination pursuant to s. 394.463(2), Florida
  888  Statutes, the person transporting the minor must use telehealth
  889  services to obtain the advice of a medical professional
  890  authorized to initiate involuntary examinations as to whether
  891  the minor meets the criteria for involuntary examination. The
  892  telehealth services may not be provided by an entity that
  893  provides involuntary examination services.
  894         (3)The Department of Children and Families shall analyze
  895  and compare data on the use of involuntary examinations of
  896  minors before and after implementation of the pilot program and
  897  shall prepare a report summarizing the impact of the pilot
  898  program and submit the report to the Governor, the President of
  899  the Senate, and the Speaker of the House of Representatives
  900  within 90 days after September 1, 2025.
  901         (4)The Legislature shall appropriate funds necessary for
  902  the creation and administration of the pilot program.
  903         (5)The Department of Children and Families shall adopt
  904  rules to administer the pilot program.
  905         (6)This section expires January 1, 2026.
  906         Section 7. Subsection (1) and paragraphs (a), (f), and (g)
  907  of subsection (2) of section 394.463, Florida Statutes, are
  908  amended to read:
  909         394.463 Involuntary examination.—
  910         (1) CRITERIA.—A person 18 years of age or older may be
  911  taken to a receiving facility for involuntary examination if
  912  there is reason to believe that the person has a mental illness
  913  and because of his or her mental illness:
  914         (a)1. The person has refused voluntary examination after
  915  conscientious explanation and disclosure of the purpose of the
  916  examination; or
  917         2. The person is unable to determine for himself or herself
  918  whether examination is necessary; and
  919         (b)1. Without care or treatment, the person is likely to
  920  suffer from neglect or refuse to care for himself or herself;
  921  such neglect or refusal poses a real and present threat of
  922  substantial harm to his or her well-being; and it is not
  923  apparent that such harm may be avoided through the help of
  924  willing family members or friends or the provision of other
  925  services; or
  926         2. There is a substantial likelihood that without care or
  927  treatment the person will cause serious bodily harm to himself
  928  or herself or others in the near future, as evidenced by recent
  929  behavior.
  930         (2) INVOLUNTARY EXAMINATION.—
  931         (a) An involuntary examination may be initiated on a person
  932  18 years of age or older by any one of the following means:
  933         1. A circuit or county court may enter an ex parte order
  934  stating that a person appears to meet the criteria for
  935  involuntary examination and specifying the findings on which
  936  that conclusion is based. The ex parte order for involuntary
  937  examination must be based on written or oral sworn testimony
  938  that includes specific facts that support the findings. If other
  939  less restrictive means are not available, such as voluntary
  940  appearance for outpatient evaluation, a law enforcement officer,
  941  or other designated agent of the court, must shall take the
  942  person into custody and deliver him or her to the nearest
  943  appropriate an appropriate, or the nearest, facility within the
  944  designated receiving system pursuant to s. 394.462 for
  945  involuntary examination. The order of the court must shall be
  946  made a part of the patient’s clinical record. A fee may not be
  947  charged for the filing of an order under this subsection. A
  948  facility accepting the patient based on this order must send a
  949  copy of the order to the department within 5 working days. The
  950  order may be submitted electronically through existing data
  951  systems, if available. The order is shall be valid only until
  952  the person is delivered to the facility or for the period
  953  specified in the order itself, whichever comes first. If a time
  954  limit is not specified in the order, the order is valid for 7
  955  days after the date that the order was signed.
  956         2. A law enforcement officer shall take a person who
  957  appears to meet the criteria for involuntary examination into
  958  custody and deliver the person or have him or her delivered to
  959  the nearest appropriate an appropriate, or the nearest, facility
  960  within the designated receiving system pursuant to s. 394.462
  961  for examination. A law enforcement officer transporting a person
  962  pursuant to this subparagraph shall restrain the person in the
  963  least restrictive manner available and appropriate under the
  964  circumstances. The officer shall execute a written report
  965  detailing the circumstances under which the person was taken
  966  into custody, which must be made a part of the patient’s
  967  clinical record. The report must include all emergency contact
  968  information for the person that is readily accessible to the law
  969  enforcement officer, including information available through
  970  electronic databases maintained by the Department of Law
  971  Enforcement or by the Department of Highway Safety and Motor
  972  Vehicles. Such emergency contact information may be used by a
  973  receiving facility only for the purpose of informing listed
  974  emergency contacts of a patient’s whereabouts pursuant to s.
  975  119.0712(2)(d). Any facility accepting the patient based on this
  976  report must send a copy of the report to the department within 5
  977  working days.
  978         3. A physician, a physician assistant, a clinical
  979  psychologist, a psychiatric nurse, an advanced practice
  980  registered nurse registered under s. 464.0123, a mental health
  981  counselor, a marriage and family therapist, or a clinical social
  982  worker may execute a certificate stating that he or she has
  983  examined a person within the preceding 48 hours and finds that
  984  the person appears to meet the criteria for involuntary
  985  examination and stating the observations upon which that
  986  conclusion is based. If other less restrictive means, such as
  987  voluntary appearance for outpatient evaluation, are not
  988  available, a law enforcement officer shall take into custody the
  989  person named in the certificate and deliver him or her to the
  990  nearest appropriate, or nearest, facility within the designated
  991  receiving system pursuant to s. 394.462 for involuntary
  992  examination. The law enforcement officer shall execute a written
  993  report detailing the circumstances under which the person was
  994  taken into custody. The report must include all emergency
  995  contact information for the person that is readily accessible to
  996  the law enforcement officer, including information available
  997  through electronic databases maintained by the Department of Law
  998  Enforcement or by the Department of Highway Safety and Motor
  999  Vehicles. Such emergency contact information may be used by a
 1000  receiving facility only for the purpose of informing listed
 1001  emergency contacts of a patient’s whereabouts pursuant to s.
 1002  119.0712(2)(d). The report and certificate must shall be made a
 1003  part of the patient’s clinical record. Any facility accepting
 1004  the patient based on this certificate must send a copy of the
 1005  certificate to the department within 5 working days. The
 1006  document may be submitted electronically through existing data
 1007  systems, if applicable.
 1008  
 1009  When sending the order, report, or certificate to the
 1010  department, a facility shall, at a minimum, provide information
 1011  about which action was taken regarding the patient under
 1012  paragraph (g), which information must shall also be made a part
 1013  of the patient’s clinical record.
 1014         (f) A patient 18 years of age or older shall be examined by
 1015  a physician or a clinical psychologist, or by a psychiatric
 1016  nurse performing within the framework of an established protocol
 1017  with a psychiatrist at a facility without unnecessary delay to
 1018  determine if the criteria for involuntary services are met.
 1019  Emergency treatment may be provided upon the order of a
 1020  physician if the physician determines that such treatment is
 1021  necessary for the safety of the patient or others. The patient
 1022  may not be released by the receiving facility or its contractor
 1023  without the documented approval of a psychiatrist or a clinical
 1024  psychologist or, if the receiving facility is owned or operated
 1025  by a hospital, health system, or nationally accredited community
 1026  mental health center, the release may also be approved by a
 1027  psychiatric nurse performing within the framework of an
 1028  established protocol with a psychiatrist, or an attending
 1029  emergency department physician with experience in the diagnosis
 1030  and treatment of mental illness after completion of an
 1031  involuntary examination pursuant to this subsection. A
 1032  psychiatric nurse may not approve the release of a patient if
 1033  the involuntary examination was initiated by a psychiatrist
 1034  unless the release is approved by the initiating psychiatrist.
 1035  The release may be approved through telehealth.
 1036         (g) The examination period must be for up to 72 hours. For
 1037  a minor, the examination shall be initiated within 12 hours
 1038  after the patient’s arrival at the facility. Within the
 1039  examination period, one of the following actions must be taken,
 1040  based on the individual needs of the patient:
 1041         1. The patient must shall be released, unless he or she is
 1042  charged with a crime, in which case the patient must shall be
 1043  returned to the custody of a law enforcement officer;
 1044         2. The patient must shall be released, subject to
 1045  subparagraph 1., for voluntary outpatient treatment;
 1046         3. The patient, unless he or she is charged with a crime,
 1047  must shall be asked to give express and informed consent to
 1048  placement as a voluntary patient and, if such consent is given,
 1049  the patient must shall be admitted as a voluntary patient; or
 1050         4. A petition for involuntary services must shall be filed
 1051  in the circuit court if inpatient treatment is deemed necessary
 1052  or with the criminal county court, as defined in s. 394.4655(1),
 1053  as applicable. When inpatient treatment is deemed necessary, the
 1054  least restrictive treatment consistent with the optimum
 1055  improvement of the patient’s condition must shall be made
 1056  available. When a petition is to be filed for involuntary
 1057  outpatient placement, it must shall be filed by one of the
 1058  petitioners specified in s. 394.4655(4)(a). A petition for
 1059  involuntary inpatient placement must shall be filed by the
 1060  facility administrator. If a patient’s 72-hour examination
 1061  period ends on a weekend or holiday, and the receiving facility:
 1062         a. Intends to file a petition for involuntary services,
 1063  such patient may be held at a receiving facility through the
 1064  next working day thereafter and such petition for involuntary
 1065  services must be filed no later than such date. If the receiving
 1066  facility fails to file a petition for involuntary services at
 1067  the close of the next working day, the patient must shall be
 1068  released from the receiving facility following approval pursuant
 1069  to paragraph (f).
 1070         b. Does not intend to file a petition for involuntary
 1071  services, a receiving facility may postpone release of a patient
 1072  until the next working day thereafter only if a qualified
 1073  professional documents that adequate discharge planning and
 1074  procedures in accordance with s. 394.468, and approval pursuant
 1075  to paragraph (f), are not possible until the next working day.
 1076         Section 8. Except as otherwise expressly provided in this
 1077  act, this act shall take effect July 1, 2024.