reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 393 - Developmental Disabilities › 393.17 - Behavioral Programs; Certification of Behavior Analysts.

393.17 Behavioral programs; certification of behavior analysts.—
(1) The agency may establish a certification process for behavior analysts in order to ensure that only qualified employees and service providers provide behavioral analysis services to clients. The procedures must be established by rule and must include criteria for scope of practice, qualifications for certification, including training and testing requirements, continuing education requirements for ongoing certification, and standards of performance. The procedures must also include decertification procedures that may be used to determine whether an individual continues to meet the qualifications for certification or the professional performance standards and, if not, the procedures necessary to decertify an employee or service provider.
(2) The agency shall recognize the certification of behavior analysts awarded by a nonprofit corporation that adheres to the national standards of boards that determine professional credentials and whose mission is to meet professional credentialing needs identified by behavior analysts, state governments, and consumers of behavior analysis services. The certification procedure recognized by the agency must undergo regular psychometric review and validation, pursuant to a job analysis survey of the profession and standards established by content experts in the field.
History.—s. 22, ch. 89-308; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 2, ch. 98-152; s. 80, ch. 2004-267; s. 32, ch. 2006-227.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 393 - Developmental Disabilities › 393.23 - Developmental Disabilities Centers; Trust Accounts.

393.23 Developmental disabilities centers; trust accounts.—All receipts from the operation of canteens, vending machines, hobby shops, sheltered workshops, activity centers, farming projects, and other like activities operated in a developmental disabilities center, and moneys donated to the center, must be deposited in a trust account in any bank, credit union, or savings and loan association authorized by the State Treasury as a qualified depository to do business in this state, if the moneys are available on demand.
(1) Moneys in the trust account must be expended for the benefit, education, or welfare of clients. However, if specified, moneys that are donated to the center must be expended in accordance with the intentions of the donor. Trust account money may not be used for the benefit of agency employees or to pay the wages of such employees. The welfare of clients includes the expenditure of funds for the purchase of items for resale at canteens or vending machines, and for the establishment of, maintenance of, and operation of canteens, hobby shops, recreational or entertainment facilities, sheltered workshops, activity centers, farming projects, or other like facilities or programs established at the center for the benefit of clients.
(2) The center may invest, in the manner authorized by law for fiduciaries, any money in a trust account which is not necessary for immediate use. The interest earned and other increments derived from the investments of the money must be deposited into the trust account for the benefit of clients.
(3) The accounting system of the center must account separately for revenues and expenses for each activity. The center shall reconcile the trust account to the center’s accounting system and check registers and to the accounting system of the Chief Financial Officer.
(4) All sales taxes collected by the center as a result of sales shall be deposited into the trust account and remitted to the Department of Revenue.
(5) Funds shall be expended in accordance with requirements and guidelines established by the Chief Financial Officer.
History.—s. 34, ch. 2006-227; s. 99, ch. 2008-4; s. 10, ch. 2008-244; s. 3, ch. 2009-56.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 393 - Developmental Disabilities › 393.501 - Rulemaking.

393.501 Rulemaking.—
(1) The agency may adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out its statutory duties.
(2) Such rules must address the number of facilities on a single lot or on adjacent lots, except that there is no restriction on the number of facilities designated as community residential homes located within a planned residential community as those terms are defined in s. 419.001(1).
History.—s. 13, ch. 88-398; s. 56, ch. 2000-158; s. 9, ch. 2000-338; s. 111, ch. 2004-267; s. 35, ch. 2006-227; s. 1, ch. 2010-193; s. 22, ch. 2017-3.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.4572 - Screening of mental health personnel.

394.4572 Screening of mental health personnel.—
(1)(a) The department and the Agency for Health Care Administration shall require level 2 background screening pursuant to chapter 435 for mental health personnel. “Mental health personnel” includes all program directors, professional clinicians, staff members, and volunteers working in public or private mental health programs and facilities who have direct contact with individuals held for examination or admitted for mental health treatment. For purposes of this chapter, employment screening of mental health personnel also includes, but is not limited to, employment screening as provided under chapter 435 and s. 408.809.
(b) Students in the health care professions who are interning in a mental health facility licensed under chapter 395, where the primary purpose of the facility is not the treatment of minors, are exempt from the fingerprinting and screening requirements if they are under direct supervision in the actual physical presence of a licensed health care professional.
(c) A volunteer who assists on an intermittent basis for less than 10 hours per month is exempt from the fingerprinting and screening requirements if a person who meets the screening requirement of paragraph (a) is always present and has the volunteer within his or her line of sight.
(d) Mental health personnel working in a facility licensed under chapter 395 who work on an intermittent basis for less than 15 hours per week of direct, face-to-face contact with patients, and who are not listed on the Department of Law Enforcement Career Offender Search or the Dru Sjodin National Sex Offender Public Website, are exempt from the fingerprinting and screening requirements, except that persons working in a mental health facility where the primary purpose of the facility is the mental health treatment of minors must be fingerprinted and meet screening requirements.
(2)(a) The department or the Agency for Health Care Administration may grant exemptions from disqualification as provided in chapter 435.
(b) The department or the Agency for Health Care Administration, as applicable, may grant exemptions from disqualification for service provider personnel to work solely in mental health treatment programs or facilities, or in programs or facilities that treat co-occurring substance use and mental health disorders.
History.—s. 1, ch. 87-128; s. 1, ch. 87-141; s. 23, ch. 93-39; s. 4, ch. 96-169; s. 980, ch. 2002-387; s. 7, ch. 2004-267; s. 5, ch. 2010-114; s. 1, ch. 2012-73; s. 1, ch. 2019-159.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.458 - Introduction or removal of certain articles unlawful; penalty.

394.458 Introduction or removal of certain articles unlawful; penalty.—
(1)(a) Except as authorized by law or as specifically authorized by the person in charge of each hospital providing mental health services under this part, it is unlawful to introduce into or upon the grounds of such hospital, or to take or attempt to take or send therefrom, any of the following articles, which are hereby declared to be contraband for the purposes of this section:
1. Any intoxicating beverage or beverage which causes or may cause an intoxicating effect;
2. Any controlled substance as defined in chapter 893; or
3. Any firearms or deadly weapon.
(b) It is unlawful to transmit to, or attempt to transmit to, or cause or attempt to cause to be transmitted to, or received by, any patient of any hospital providing mental health services under this part any article or thing declared by this section to be contraband, at any place which is outside of the grounds of such hospital, except as authorized by law or as specifically authorized by the person in charge of such hospital.
(2) A person who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 75-253; s. 201, ch. 77-147; s. 1, ch. 77-174; s. 6, ch. 96-169.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.4595 - Florida statewide and local advocacy councils; access to patients and records.

394.4595 Florida statewide and local advocacy councils; access to patients and records.—Any facility designated by the department as a receiving or treatment facility must allow access to any patient and the clinical and legal records of any patient admitted pursuant to the provisions of this act by members of the Florida statewide and local advocacy councils.
History.—s. 8, ch. 96-169; s. 10, ch. 2000-263.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.4597 - Persons to be notified; patient’s representative.

394.4597 Persons to be notified; patient’s representative.—
(1) VOLUNTARY PATIENTS.—At the time a patient is voluntarily admitted to a receiving or treatment facility, the identity and contact information of a person to be notified in case of an emergency shall be entered in the patient’s clinical record.
(2) INVOLUNTARY PATIENTS.—
(a) At the time a patient is admitted to a facility for involuntary examination or placement, or when a petition for involuntary placement is filed, the names, addresses, and telephone numbers of the patient’s guardian or guardian advocate, or representative if the patient has no guardian, and the patient’s attorney shall be entered in the patient’s clinical record.
(b) If the patient has no guardian, the patient shall be asked to designate a representative. If the patient is unable or unwilling to designate a representative, the facility shall select a representative.
(c) The patient shall be consulted with regard to the selection of a representative by the receiving or treatment facility and shall have authority to request that any such representative be replaced.
(d) When the receiving or treatment facility selects a representative, first preference shall be given to a health care surrogate, if one has been previously selected by the patient. If the patient has not previously selected a health care surrogate, the selection, except for good cause documented in the patient’s clinical record, shall be made from the following list in the order of listing:
1. The patient’s spouse.
2. An adult child of the patient.
3. A parent of the patient.
4. The adult next of kin of the patient.
5. An adult friend of the patient.
(e) The following persons are prohibited from selection as a patient’s representative:
1. A professional providing clinical services to the patient under this part.
2. The licensed professional who initiated the involuntary examination of the patient, if the examination was initiated by professional certificate.
3. An employee, an administrator, or a board member of the facility providing the examination of the patient.
4. An employee, an administrator, or a board member of a treatment facility providing treatment for the patient.
5. A person providing any substantial professional services to the patient, including clinical services.
6. A creditor of the patient.
7. A person subject to an injunction for protection against domestic violence under s. 741.30, whether the order of injunction is temporary or final, and for which the patient was the petitioner.
8. A person subject to an injunction for protection against repeat violence, stalking, sexual violence, or dating violence under s. 784.046, whether the order of injunction is temporary or final, and for which the patient was the petitioner.
History.—s. 9, ch. 96-169; s. 11, ch. 2000-263; s. 10, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.460 - Rights of professionals.

394.460 Rights of professionals.—No professional referred to in this part shall be required to accept patients for treatment of mental, emotional, or behavioral disorders. Such participation shall be voluntary.
History.—s. 4, ch. 73-133; s. 5, ch. 79-298; s. 8, ch. 82-212; s. 12, ch. 96-169.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.4612 - Integrated adult mental health crisis stabilization and addictions receiving facilities.

394.4612 Integrated adult mental health crisis stabilization and addictions receiving facilities.—
(1) The Agency for Health Care Administration, in consultation with the Department of Children and Families, may license facilities that integrate services provided in an adult mental health crisis stabilization unit with services provided in an adult addictions receiving facility. Such a facility shall be licensed by the agency as an adult crisis stabilization unit under part IV and must meet all licensure requirements for crisis stabilization units providing integrated services.
(2) An integrated mental health crisis stabilization unit and addictions receiving facility may provide services under this section to adults who are 18 years of age or older and who fall into one or more of the following categories:
(a) An adult meeting the requirements for voluntary admission for mental health treatment under s. 394.4625.
(b) An adult meeting the criteria for involuntary examination for mental illness under s. 394.463.
(c) An adult qualifying for voluntary admission for substance abuse treatment under s. 397.601.
(d) An adult meeting the criteria for involuntary admission for substance abuse impairment under s. 397.675.
(3) The department, in consultation with the agency, shall adopt by rule standards that address eligibility criteria; clinical procedures; staffing requirements; operational, administrative, and financing requirements; and the investigation of complaints.
History.—s. 1, ch. 2009-44; s. 82, ch. 2014-19.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.464 - Court records; confidentiality.

394.464 Court records; confidentiality.—
(1) All petitions for voluntary and involuntary admission for mental health treatment, court orders, and related records that are filed with or by a court under this part are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Pleadings and other documents made confidential and exempt by this section may be disclosed by the clerk of the court, upon request, to any of the following:
(a) The petitioner.
(b) The petitioner’s attorney.
(c) The respondent.
(d) The respondent’s attorney.
(e) The respondent’s guardian or guardian advocate, if applicable.
(f) In the case of a minor respondent, the respondent’s parent, guardian, legal custodian, or guardian advocate.
(g) The respondent’s treating health care practitioner.
(h) The respondent’s health care surrogate or proxy.
(i) The Department of Children and Families, without charge.
(j) The Department of Corrections, without charge, if the respondent is committed or is to be returned to the custody of the Department of Corrections from the Department of Children and Families.
(k) A person or entity authorized to view records upon a court order for good cause. In determining if there is good cause for the disclosure of records, the court must weigh the person or entity’s need for the information against potential harm to the respondent from the disclosure.
(2) This section does not preclude the clerk of the court from submitting the information required by s. 790.065 to the Department of Law Enforcement.
(3) The clerk of the court may not publish personal identifying information on a court docket or in a publicly accessible file.
(4) A person or entity receiving information pursuant to this section shall maintain that information as confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(5) The exemption under this section applies to all documents filed with a court before, on, or after July 1, 2019.
(6) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 1, ch. 2019-51.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.46715 - Rulemaking authority.

394.46715 Rulemaking authority.—The department may adopt rules to administer this part.
History.—s. 10, ch. 2004-385; s. 84, ch. 2014-19; s. 14, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.468 - Admission and discharge procedures.

394.468 Admission and discharge procedures.—
(1) Admission and discharge procedures and treatment policies of the department are governed solely by this part. Such procedures and policies shall not be subject to control by court procedure rules. The matters within the purview of this part are deemed to be substantive, not procedural.
(2) Discharge planning and procedures for any patient’s release from a receiving facility or treatment facility must include and document consideration of, at a minimum:
(a) Follow-up behavioral health appointments;
(b) Information on how to obtain prescribed medications; and
(c) Information pertaining to:
1. Available living arrangements;
2. Transportation; and
3. Recovery support opportunities.
History.—s. 9, ch. 77-312; s. 21, ch. 96-169; s. 7, ch. 2022-36.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.469 - Discharge of involuntary patients.

394.469 Discharge of involuntary patients.—
(1) POWER TO DISCHARGE.—At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator shall:
(a) Discharge the patient, unless the patient is under a criminal charge, in which case the patient shall be transferred to the custody of the appropriate law enforcement officer;
(b) Transfer the patient to voluntary status on his or her own authority or at the patient’s request, unless the patient is under criminal charge or adjudicated incapacitated; or
(c) Place an improved patient, except a patient under a criminal charge, on convalescent status in the care of a community facility.
(2) NOTICE.—Notice of discharge or transfer of a patient shall be given as provided in s. 394.4599.
History.—s. 10, ch. 71-131; s. 9, ch. 73-133; s. 10, ch. 79-298; s. 13, ch. 82-212; s. 712, ch. 95-148; s. 23, ch. 96-169.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.473 - Attorney’s fee; expert witness fee.

394.473 Attorney’s fee; expert witness fee.—
(1) In the case of an indigent person for whom an attorney is appointed pursuant to the provisions of this part, the attorney shall be compensated by the state pursuant to s. 27.5304. In the case of an indigent person, the court may appoint a public defender. The public defender shall receive no additional compensation other than that usually paid his or her office.
(2) In the case of an indigent person for whom expert testimony is required in a court hearing pursuant to the provisions of this act, the expert, except one who is classified as a full-time employee of the state or who is receiving remuneration from the state for his or her time in attendance at the hearing, shall be compensated by the state pursuant to s. 27.5304.
History.—s. 13, ch. 71-131; s. 10, ch. 73-133; s. 25, ch. 73-334; s. 12, ch. 79-298; s. 3, ch. 82-176; s. 14, ch. 82-212; s. 713, ch. 95-148; s. 107, ch. 2003-402; s. 70, ch. 2004-265.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.475 - Acceptance, examination, and involuntary placement of Florida residents from out-of-state mental health authorities.

394.475 Acceptance, examination, and involuntary placement of Florida residents from out-of-state mental health authorities.—
(1) Upon the request of the state mental health authority of another state, the department is authorized to accept as a patient, for a period of not more than 15 days, a person who is and has been a bona fide resident of this state for a period of not less than 1 year.
(2) Any person received pursuant to subsection (1) shall be examined by the staff of the state facility where such patient has been accepted, which examination shall be completed during the 15-day period.
(3) If upon examination such a person requires continued involuntary placement, a petition for a hearing regarding involuntary placement shall be filed with the court of the county wherein the treatment facility receiving the patient is located or the county where the patient is a resident.
(4) During the pendency of the examination period and the pendency of the involuntary placement proceedings, such person may continue to be held in the treatment facility unless the court having jurisdiction enters an order to the contrary.
History.—s. 14, ch. 71-131; s. 25, ch. 73-334; s. 206, ch. 77-147; s. 13, ch. 79-298; s. 15, ch. 82-212; s. 24, ch. 96-169.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.4785 - Children and adolescents; admission and placement in mental facilities.

394.4785 Children and adolescents; admission and placement in mental facilities.—
(1) A child or adolescent as defined in s. 394.492 may not be admitted to a state-owned or state-operated mental health treatment facility. A child may be admitted pursuant to s. 394.4625 or s. 394.467 to a crisis stabilization unit or a residential treatment center licensed under this chapter or a hospital licensed under chapter 395. The treatment center, unit, or hospital must provide the least restrictive available treatment that is appropriate to the individual needs of the child or adolescent and must adhere to the guiding principles, system of care, and service planning provisions contained in part III of this chapter.
(2) A person under the age of 14 who is admitted to any hospital licensed pursuant to chapter 395 may not be admitted to a bed in a room or ward with an adult patient in a mental health unit or share common areas with an adult patient in a mental health unit. However, a person 14 years of age or older may be admitted to a bed in a room or ward in the mental health unit with an adult if the admitting physician documents in the case record that such placement is medically indicated or for reasons of safety. Such placement shall be reviewed by the attending physician or a designee or on-call physician each day and documented in the case record.
History.—ss. 1, 2, ch. 82-212; s. 1, ch. 85-254; s. 1, ch. 87-209; s. 2, ch. 2000-265; s. 152, ch. 2000-349.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.4786 - Intent.

394.4786 Intent.—
(1) The Legislature intends that all hospitals, excluding hospitals owned and operated by the department or the Department of Corrections, be assessed on a continuing basis an amount equal to 1.5 percent of the hospital’s annual net operating revenues and that the assessments be deposited into the Public Medical Assistance Trust Fund.
(2) Further, the Legislature intends that a specialty psychiatric hospital that provides health care to specified indigent patients be eligible for reimbursement up to the amount that hospital contributed to the Public Medical Assistance Trust Fund in the previous fiscal year.
History.—s. 1, ch. 89-355; s. 25, ch. 96-169.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.47865 - South Florida State Hospital; privatization.

394.47865 South Florida State Hospital; privatization.—
(1) The Department of Children and Families shall, through a request for proposals, privatize South Florida State Hospital. The department shall plan to begin implementation of this privatization initiative by July 1, 1998.
(a) Notwithstanding s. 287.057(14), the department may enter into agreements, not to exceed 20 years, with a private provider, a coalition of providers, or another agency to finance, design, and construct a treatment facility having up to 350 beds and to operate all aspects of daily operations within the facility. The department may subcontract any or all components of this procurement to a statutorily established state governmental entity that has successfully contracted with private companies for designing, financing, acquiring, leasing, constructing, and operating major privatized state facilities.
(b) The selected contractor is authorized to sponsor the issuance of tax-exempt bonds, certificates of participation, or other securities to finance the project, and the state is authorized to enter into a lease-purchase agreement for the treatment facility.
(2) The contractor shall operate South Florida State Hospital as a mental health treatment facility that serves voluntarily and involuntarily committed indigent adults who meet the criteria of part I of this chapter and who reside in the South Florida State Hospital service area.
(a) South Florida State Hospital shall remain a participant in the mental health disproportionate share program so long as the residents receive eligible services.
(b) The department and the contractor shall ensure that the treatment facility is operated as a part of a total continuum of care for persons who are mentally ill. The contractor shall have as its primary goal for the treatment facility to effectively treat and assist residents to return to the community as quickly as possible.
(3)(a) Current South Florida State Hospital employees who are affected by the privatization shall be given first preference for continued employment by the contractor. The department shall make reasonable efforts to find suitable job placements for employees who wish to remain within the state Career Service System.
(b) Any savings that result from the privatization of South Florida State Hospital shall be directed to the department’s service districts 9, 10, and 11 for the delivery of community mental health services.
History.—s. 14, ch. 97-260; s. 14, ch. 2001-278; s. 35, ch. 2002-207; s. 30, ch. 2010-151; s. 86, ch. 2014-19; s. 12, ch. 2021-225.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.4787 - Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.

394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.—As used in this section and ss. 394.4786, 394.4788, and 394.4789:
(1) “Acute mental health services” means mental health services provided through inpatient hospitalization.
(2) “Agency” means the Agency for Health Care Administration.
(3) “Charity care” means that portion of hospital charges for care provided to a patient whose family income for the 12 months preceding the determination is equal to or below 150 percent of the current federal nonfarm poverty guideline or the amount of hospital charges due from the patient which exceeds 25 percent of the annual family income and for which there is no compensation. Charity care shall not include administrative or courtesy discounts, contractual allowances to third party payors, or failure of a hospital to collect full charges due to partial payment by governmental programs.
(4) “Indigent” means an individual whose financial status would qualify him or her for charity care.
(5) “Operating expense” means all common and accepted costs appropriate in developing and maintaining the operating of the patient care facility and its activities.
(6) “PMATF” means the Public Medical Assistance Trust Fund.
(7) “Specialty psychiatric hospital” means a hospital licensed by the agency pursuant to s. 395.002(28) and part II of chapter 408 as a specialty psychiatric hospital.
History.—s. 2, ch. 89-355; s. 1, ch. 90-192; s. 11, ch. 90-295; s. 55, ch. 91-282; s. 90, ch. 92-33; ss. 70, 98, ch. 92-289; s. 717, ch. 95-148; s. 26, ch. 96-169; s. 32, ch. 98-89; s. 25, ch. 98-171; s. 205, ch. 99-13; s. 25, ch. 2007-230; s. 22, ch. 2018-24; s. 7, ch. 2021-112.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.4788 - Use of certain PMATF funds for the purchase of acute care mental health services.

394.4788 Use of certain PMATF funds for the purchase of acute care mental health services.—
(1) A hospital may be eligible to be reimbursed an amount no greater than the hospital’s previous year contribution to the PMATF for acute mental health services provided to indigent mentally ill persons who have been determined by the agency or its agent to require such treatment and who:
(a) Do not meet Medicaid eligibility criteria, unless the agency makes a referral for a Medicaid eligible patient pursuant to s. 394.4789;
(b) Meet the criteria for mental illness under this part; and
(c) Meet the definition of charity care.
(2) The agency shall annually calculate a per diem reimbursement rate for each specialty psychiatric hospital to be paid to the specialty psychiatric hospitals for the provision of acute mental health services provided to indigent mentally ill patients who meet the criteria in subsection (1). After the first rate period, providers shall be notified of new reimbursement rates for each new state fiscal year by June 1. The new reimbursement rates shall commence July 1.
(3) Reimbursement rates shall be calculated using the most recent audited actual costs received by the agency. Cost data received each April 15 shall be used in the calculation of the rates. Historic costs shall be inflated from the midpoint of a hospital’s fiscal year to the midpoint of the state fiscal year. The inflation adjustment shall be made utilizing the latest available projections as of March 31 for the Data Resources Incorporated National and Regional Hospital Input Price Indices as calculated by the Medicaid program office.
(4) Reimbursement shall be based on compensating a specialty psychiatric hospital at a per diem rate equal to its operating costs per inpatient day.
(5) A hospital shall not be entitled to receive more in any one fiscal year than that hospital contributed to the PMATF during the previous fiscal year.
(6) Hospitals that agree to participate in the program set forth in this section and ss. 394.4786, 394.4787, and 394.4789 shall agree that payment from the PMATF is payment in full for all patients for which reimbursement is received under this section and ss. 394.4786, 394.4787, and 394.4789, until the funds for this program are no longer available.
(7) The agency shall develop a payment system to reimburse specialty psychiatric hospitals quarterly as set forth in this part.
History.—s. 3, ch. 89-355; s. 1, ch. 90-192; s. 98, ch. 92-289; s. 27, ch. 96-169; s. 3, ch. 98-89.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part I - Florida Mental Health Act (Ss. 394.451-394.47892) › 394.4789 - Establishment of referral process and eligibility determination.

394.4789 Establishment of referral process and eligibility determination.—
(1) It is the intent of the Legislature that a hospital which seeks payment under s. 394.4788 shall accept referrals from the department. However, a hospital shall have the right to refuse the admission of a patient due to lack of functional bed space or lack of services appropriate to a patient’s specific treatment and no hospital shall be required to accept referrals if the costs for treating the referred patient are no longer reimbursable because the hospital has reached the level of contribution made to the PMATF in the previous fiscal year. Furthermore, a hospital that does not seek compensation for indigent mentally ill patients under the provisions of this act shall not be obliged to accept department referrals, notwithstanding any agreements it may have entered into with the department. The right of refusal in this subsection shall not affect a hospital’s requirement to provide emergency care pursuant to s. 395.1041 or other statutory requirements related to the provision of emergency care.
(2) The department shall adopt a patient eligibility form and shall be responsible for eligibility determination. However, the department may contract with participating psychiatric hospitals for eligibility determination. The eligibility form shall provide the mechanism for determining a patient’s eligibility according to the requirements of s. 394.4788(1).
(a) A specialty psychiatric hospital shall be eligible for reimbursement only when an eligibility form has been completed for each indigent mentally ill person for whom reimbursement is sought.
(b) As part of eligibility determination, every effort shall be made by the hospital to determine if any third party insurance coverage is available.
History.—s. 4, ch. 89-355; s. 71, ch. 92-289; s. 4, ch. 2015-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part II - Interstate Compact on Mental Health (Ss. 394.479-394.484) › 394.480 - Compact administrator.

394.480 Compact administrator.—Pursuant to said compact, the Secretary of Children and Families shall be the compact administrator who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact of any supplementary agreement or agreements entered into by this state thereunder.
History.—s. 2, ch. 71-219; s. 100, ch. 99-8; s. 87, ch. 2014-19.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part II - Interstate Compact on Mental Health (Ss. 394.479-394.484) › 394.481 - Supplemental agreements with other states.

394.481 Supplemental agreements with other states.—The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
History.—s. 3, ch. 71-219.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part II - Interstate Compact on Mental Health (Ss. 394.479-394.484) › 394.482 - Payment of financial obligations imposed by compact.

394.482 Payment of financial obligations imposed by compact.—The compact administrator, subject to the approval of the Chief Financial Officer, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
History.—s. 4, ch. 71-219; s. 414, ch. 2003-261.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part II - Interstate Compact on Mental Health (Ss. 394.479-394.484) › 394.483 - Authorized actions by administrator.

394.483 Authorized actions by administrator.—The compact administrator is hereby directed to consult with the immediate family representatives or guardian of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the committing court, if any.
History.—s. 5, ch. 71-219.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part II - Interstate Compact on Mental Health (Ss. 394.479-394.484) › 394.484 - Transmission of copies of act adopting compact.

394.484 Transmission of copies of act adopting compact.—Copies of this act shall upon its approval be transmitted by the Department of State to the governor of each state, the Attorney General and the Administrator of General Services of the United States, and the Council of State Governments.
History.—s. 6, ch. 71-219.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part III - Comprehensive Child and Adolescent Mental Health Services (Ss. 394.490-394.4995) › 394.490 - Short title.

394.490 Short title.—Sections 394.490-394.497 may be cited as the “Comprehensive Child and Adolescent Mental Health Services Act.”
History.—s. 1, ch. 98-5.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part III - Comprehensive Child and Adolescent Mental Health Services (Ss. 394.490-394.4995) › 394.493 - Target populations for child and adolescent mental health services funded through the department.

394.493 Target populations for child and adolescent mental health services funded through the department.—
(1) The child and adolescent mental health system of care funded through the Department of Children and Families shall serve, to the extent that resources are available, the following groups of children and adolescents who reside with their parents or legal guardians or who are placed in state custody:
(a) Children and adolescents who are experiencing an acute mental or emotional crisis.
(b) Children and adolescents who have a serious emotional disturbance or mental illness.
(c) Children and adolescents who have an emotional disturbance.
(d) Children and adolescents who are at risk of emotional disturbance.
(2) Each mental health provider under contract with the department to provide mental health services to the target population shall collect fees from the parent or legal guardian of the child or adolescent receiving services. The fees shall be based on a sliding fee scale for families whose net family income is at or above 150 percent of the Federal Poverty Income Guidelines. The department shall adopt, by rule, a sliding fee scale for statewide implementation. Fees collected from families shall be retained in the service district and used for expanding child and adolescent mental health treatment services.
(3) Each child or adolescent who meets the target population criteria of this section shall be served to the extent possible within available resources and consistent with the portion of the district substance abuse and mental health plan specified in s. 394.75 which pertains to child and adolescent mental health services.
(4) Beginning with fiscal year 2020-2021 through fiscal year 2021-2022, the department and the Agency for Health Care Administration shall identify children and adolescents who are the highest utilizers of crisis stabilization services. The department and agency shall collaboratively take appropriate action within available resources to meet the behavioral health needs of such children and adolescents more effectively, and shall jointly submit to the Legislature a quarterly report listing the actions taken by both agencies to better serve such children and adolescents.
History.—s. 4, ch. 98-5; s. 3, ch. 2000-349; s. 89, ch. 2014-19; s. 1, ch. 2020-107.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part III - Comprehensive Child and Adolescent Mental Health Services (Ss. 394.490-394.4995) › 394.494 - General performance outcomes for the child and adolescent mental health treatment and support system.

394.494 General performance outcomes for the child and adolescent mental health treatment and support system.—
(1) It is the intent of the Legislature that the child and adolescent mental health treatment and support system achieve the following performance outcomes within the target populations who are eligible for services:
(a) Stabilization or improvement of the emotional condition or behavior of the child or adolescent, as evidenced by resolving the presented problems and symptoms of the serious emotional disturbance recorded in the initial assessment.
(b) Stabilization or improvement of the behavior or condition of the child or adolescent with respect to the family, so that the child or adolescent can function in the family with minimum appropriate supports.
(c) Stabilization or improvement of the behavior or condition of the child or adolescent with respect to school, so that the child can function in the school with minimum appropriate supports.
(d) Stabilization or improvement of the behavior or condition of the child or adolescent with respect to the way he or she interacts in the community, so that the child or adolescent can avoid behaviors that may be attributable to the emotional disturbance, such as substance abuse, unintended pregnancy, delinquency, sexually transmitted diseases, and other negative consequences.
(2) Annually, pursuant to former s. 216.0166, the department shall develop more specific performance outcomes and performance measures to assess the performance of the child and adolescent mental health treatment and support system in achieving the intent of this section.
History.—s. 5, ch. 98-5; s. 37, ch. 2015-2.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part III - Comprehensive Child and Adolescent Mental Health Services (Ss. 394.490-394.4995) › 394.496 - Service planning.

394.496 Service planning.—
(1) It is the intent of the Legislature that the service planning process:
(a) Focus on individualized treatment and the service needs of the child or adolescent.
(b) Concentrate on the service needs of the family and individual family members of the child’s or adolescent’s family.
(c) Involve appropriate family members and pertinent community-based health, education, and social agencies.
(2) The principals of the service planning process shall:
(a) Assist the family and other caregivers in developing and implementing a workable services plan for treating the mental health problems of the child or adolescent.
(b) Use all available resources in the community, particularly informal support services, which will assist in carrying out the goals and objectives of the services plan.
(c) Maintain the child or adolescent in the most normal environment possible, as close to home as possible; and maintain the child in a stable school placement, which is consistent with the child’s or adolescent’s and other students’ need for safety, if the child is removed from home and placed in state custody.
(d) Ensure the ability and likelihood of family participation in the treatment of the child or adolescent, as well as enhancing family independence by building on family strengths and assets.
(3) The services plan must include:
(a) A behavioral description of the problem being addressed.
(b) A description of the services or treatment to be provided to the child or adolescent and his or her family which address the identified problem, including:
1. The type of services or treatment.
2. The frequency and duration of services or treatment.
3. The location at which the services or treatment are to be provided.
4. The name of each accountable provider of services or treatment.
(c) A description of the measurable objectives of treatment, which, if met, will result in measurable improvements of the condition of the child or adolescent, as specified in s. 394.494.
(4) For students who are served by exceptional student education, there must be consistency between the services prescribed in the service plan and the components of the individual education plan.
(5) A professional as defined in s. 394.455(5), (7), (33), (36), or (37) or a professional licensed under chapter 491 must be included among those persons developing the services plan.
(6) The services plan shall be developed in conference with the parent or legal guardian. If the parent or legal guardian believes that the services plan is inadequate, the parent or legal guardian may request that the department or its designee review and make recommended changes to the plan.
(7) The services plan shall be reviewed at least every 90 days for programmatic and financial compliance.
History.—s. 7, ch. 98-5; s. 6, ch. 2015-4; s. 67, ch. 2016-241; s. 17, ch. 2020-39.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part III - Comprehensive Child and Adolescent Mental Health Services (Ss. 394.490-394.4995) › 394.497 - Case management services.

394.497 Case management services.—
(1) As used in this section, the term “case management” means those activities aimed at:
(a) Developing and implementing a services plan specified in s. 394.496.
(b) Providing advocacy services.
(c) Linking service providers to a child or adolescent and his or her family.
(d) Monitoring the delivery of services.
(e) Collecting information to determine the effect of services and treatment.
(2) The department shall develop standards for case management services and procedures for appointing case managers. It is the intent of the Legislature that case management services not be duplicated or fragmented and that such services promote the continuity and stability of a case manager assigned to a child or adolescent and his or her family.
History.—s. 8, ch. 98-5; s. 7, ch. 2015-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part III - Comprehensive Child and Adolescent Mental Health Services (Ss. 394.490-394.4995) › 394.4995 - Conversion of specified facilities to children’s behavioral crisis units; not required.

394.4995 Conversion of specified facilities to children’s behavioral crisis units; not required.—Nothing in
1
s. 394.499 shall be construed to require an existing crisis stabilization unit or juvenile addictions receiving facility to convert to a children’s behavioral crisis unit.
History.—s. 7, ch. 2001-171; s. 2, ch. 2001-191.
1
Note.—As enacted by s. 2, ch. 2001-191. Section 394.4995 was also enacted by s. 7, ch. 2001-171, and that version references “this act” instead of specifying s. 394.499.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.65 - Short title.

394.65 Short title.—This part may be cited as “The Community Substance Abuse and Mental Health Services Act.”
History.—s. 1, ch. 70-109; s. 10, ch. 84-285; s. 4, ch. 2000-349.