Florida 2018 Regular Session Status: Passed House

HB 947 — Behavioral Health of Minors

Last action — Died in Messages

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The bill aimed to improve mental health support for young people. However, it did not move forward and is no longer being considered.

Bill Text

What changed in the latest version

340 added · 169 removed

340 line(s) added, 169 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 947 2018 A bill to be entitled An act relating to behavioral health of minors;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 A bill to be entitled An act relating to behavioral health of minors;
requiring an assessment or examination to be initiated within 12 hours of a minor patient's arrival at a facility;
amending ss.
381.0056, 1002.20, and 1002.33, F.S.;
requiring parental notification prior to removing a student for an involuntary examination under certain circumstances;
Paragraph (a) of subsection (2) of section 394.463, Florida Statutes, is amended to read:
Paragraph (a) of subsection (4) of section Page 1 of 13 CODING:
394.463 Involuntary examination.— (2) INVOLUNTARY EXAMINATION.— (a) An involuntary examination may be initiated by any one of the following means:
Page 1 of 7 CODING:
hb0947-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 947 2018 1.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 381.0056, Florida Statutes, is amended to read:
381.0056 School health services program.— (4)(a) Each county health department shall develop, jointly with the district school board and the local school health advisory committee, a school health services plan.
The plan must include, at a minimum, provisions for all of the following:
1.
Health appraisal;
2.
Records review;
3.
Nurse assessment;
4.
Nutrition assessment;
5.
A preventive dental program;
6.
Vision screening;
7.
Hearing screening;
8.
Scoliosis screening;
9.
Growth and development screening;
10.
Health counseling;
11.
Referral and followup of suspected or confirmed health problems by the local county health department;
12.
Meeting emergency health needs in each school;
13.
County health department personnel to assist school personnel in health education curriculum development;
14.
Referral of students to appropriate health treatment, in cooperation with the private health community whenever possible;
Page 2 of 13 CODING:
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Latest
Words stricken are deletions;
words underlined are additions.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 15.
Consultation with a student's parent or guardian regarding the need for health attention by the family physician, dentist, or other specialist when definitive diagnosis or treatment is indicated;
16.
Maintenance of records on incidents of health problems, corrective measures taken, and such other information as may be needed to plan and evaluate health programs;
except, however, that provisions in the plan for maintenance of health records of individual students must be in accordance with s.
1002.22;
17.
Health information which will be provided by the school health nurses, when necessary, regarding the placement of students in exceptional student programs and the reevaluation at periodic intervals of students placed in such programs;
18.
Notification to the local nonpublic schools of the school health services program and the opportunity for representatives of the local nonpublic schools to participate in the development of the cooperative health services plan;
and 19.
Immediate Notification to a student's parent, guardian, or caregiver if the student is removed from school, school transportation, or a school-sponsored activity and taken to a receiving facility for an involuntary examination pursuant to s.
394.463, including the requirements established under ss.
1002.20(3) and 1002.33(9), as applicable.
Such notification shall include:
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Words stricken are deletions;
words underlined are additions.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 a.
Notification prior to the student's removal for an involuntary examination, if such notification will not cause a delay that jeopardizes the student's or another individual's physical or mental health or safety.
b.
Immediate notification upon the student's removal for an involuntary examination.
Section 2.
Paragraphs (a) and (g) of subsection (2) of section 394.463, Florida Statutes, are amended to read:
394.463 Involuntary examination.— (2) INVOLUNTARY EXAMINATION.— (a) An involuntary examination may be initiated by any one of the following means:
1.
A fee may not be charged for the filing of an order under this subsection.
Page 4 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 A fee may not be charged for the filing of an order under this subsection.
A law enforcement officer shall take a person who appears to meet the criteria for involuntary examination into custody and deliver the person or have him or her delivered to Page 2 of 7 CODING:
A law enforcement officer shall take a person who appears to meet the criteria for involuntary examination into custody and deliver the person or have him or her delivered to an appropriate, or the nearest, facility within the designated receiving system pursuant to s.
Words stricken are deletions;
words underlined are additions.
hb0947-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 947 2018 an appropriate, or the nearest, facility within the designated receiving system pursuant to s.
A physician, clinical psychologist, psychiatric nurse, mental health counselor, marriage and family therapist, or clinical social worker may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the observations upon which that conclusion is based.
A physician, clinical psychologist, psychiatric nurse, mental health counselor, marriage and family therapist, or clinical social worker may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for Page 5 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 involuntary examination and stating the observations upon which that conclusion is based.
Any facility accepting the patient based on this certificate must send a copy of the Page 3 of 7 CODING:
Any facility accepting the patient based on this certificate must send a copy of the certificate to the department within 5 the next working days day.
The document may be submitted electronically through existing data systems, if applicable.
(g) The examination period must be for up to 72 hours.
For a minor, the assessment by a service provider or examination shall be initiated within 12 hours after the patient's arrival at the facility.
Within the examination period or, if the examination period ends on a weekend or holiday, no later than the next working day thereafter, one of the following actions must be taken, based on the individual needs of the patient:
1.
The patient shall be released, unless he or she is charged with a crime, in which case the patient shall be returned to the custody of a law enforcement officer;
Page 6 of 13 CODING:
hb0947-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 947 2018 certificate to the department within 5 the next working days day.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 2.
The document may be submitted electronically through existing data systems, if applicable.
The patient shall be released, subject to subparagraph 1., for voluntary outpatient treatment;
Section 2.
3.
The patient, unless he or she is charged with a crime, shall be asked to give express and informed consent to placement as a voluntary patient and, if such consent is given, the patient shall be admitted as a voluntary patient;
or 4.
A petition for involuntary services shall be filed in the circuit court if inpatient treatment is deemed necessary or with the criminal county court, as defined in s.
394.4655(1), as applicable.
When inpatient treatment is deemed necessary, the least restrictive treatment consistent with the optimum improvement of the patient's condition shall be made available.
When a petition is to be filed for involuntary outpatient placement, it shall be filed by one of the petitioners specified in s.
394.4655(4)(a).
A petition for involuntary inpatient placement shall be filed by the facility administrator.
Section 3.
Paragraph (l) of subsection (3) of section 1002.20, Florida Statutes, is amended to read:
1002.20 K-12 student and parent rights.—Parents of public school students must receive accurate and timely information regarding their child's academic progress and must be informed of ways they can help their child to succeed in school.
K-12 students and their parents are afforded numerous statutory rights including, but not limited to, the following:
(3) HEALTH ISSUES.— Page 7 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 (l) Notification of involuntary examinations.— 1.
The public school principal or the principal's designee shall immediately notify the parent of a student who is removed from school, school transportation, or a school-sponsored activity and taken to a receiving facility for an involuntary examination pursuant to s.
394.463.
In addition, the principal or the principal's designee shall explain to the parent the reason or situation that gave rise to such removal.
The principal or the principal's designee may delay notification for no more than 24 hours after the student is removed if the principal or designee deems the delay to be in the student's best interest and if a report has been submitted to the central abuse hotline, pursuant to s.
39.201, based upon knowledge or suspicion of abuse, abandonment, or neglect.
2.
Prior to removal of a student for an involuntary examination, the principal or the principal's designee shall notify the parent, if such notification will not cause a delay that jeopardizes the student's or another individual's physical or mental health or safety.
However, the principal or the principal's designee may omit notification prior to removal if the principal or designee deems it to be in the student's best interest and if a report has been submitted to the central abuse hotline, pursuant to s.
39.201, based upon knowledge or suspicion of abuse, abandonment, or neglect.
3.
Each district school board shall develop a policy and Page 8 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 procedures for notification under this paragraph.
Section 4.
Paragraph (q) of subsection (9) of section 1002.33, Florida Statutes, is amended to read:
1002.33 Charter schools.— (9) CHARTER SCHOOL REQUIREMENTS.— (q)1.
The charter school principal or the principal's designee shall immediately notify the parent of a student who is removed from school, school transportation, or a school- sponsored activity and taken to a receiving facility for an involuntary examination pursuant to s.
394.463.
In addition, the principal or the principal's designee shall explain to the parent the reason or situation that gave rise to such removal.
The principal or the principal's designee may delay notification for no more than 24 hours after the student is removed if the principal or designee deems the delay to be in the student's best interest and if a report has been submitted to the central abuse hotline, pursuant to s.
39.201, based upon knowledge or suspicion of abuse, abandonment, or neglect.
2.
Prior to removal of a student for an involuntary examination, the principal or the principal's designee shall notify the parent, if such notification will not cause a delay that jeopardizes the student's or another individual's physical or mental health or safety.
However, the principal or the principal's designee may omit notification prior to removal if the principal or designee deems it to be in the student's best Page 9 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 interest and if a report has been submitted to the central abuse hotline, pursuant to s.
39.201, based upon knowledge or suspicion of abuse, abandonment, or neglect.
3.
Each charter school governing board shall develop a policy and procedures for notification under this paragraph.
Section 5.
Section 3.
Section 6.
1012.583 Continuing education and inservice training for youth suicide awareness and prevention.— (1) By July 1, 2019 Beginning with the 2016-2017 school year, the Department of Education, in consultation with the Statewide Office for Suicide Prevention and suicide prevention experts, shall develop a list of approved youth suicide awareness and prevention training materials and suicide screening instruments that may be used for training in youth Page 4 of 7 CODING:
1012.583 Continuing education and inservice training for youth suicide awareness and prevention.— (1) By July 1, 2019 Beginning with the 2016-2017 school year, the Department of Education, in consultation with the Statewide Office for Suicide Prevention and suicide prevention experts, shall develop a list of approved youth suicide Page 10 of 13 CODING:
hb0947-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 947 2018 suicide awareness, suicide and prevention, and suicide screening for instructional personnel in elementary school, middle school, and high school.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 awareness and prevention training materials and suicide screening instruments that may be used for training in youth suicide awareness, suicide and prevention, and suicide screening for instructional personnel in elementary school, middle school, and high school.
The training must be included in the existing continuing education or inservice training requirements for instructional personnel and may not add to the total hours currently required by the department.
The training must be included in the existing continuing education or inservice training requirements for Page 11 of 13 CODING:
A school that chooses to Page 5 of 7 CODING:
hb0947-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 947 2018 participate in the training must require all instructional personnel to participate.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 instructional personnel and may not add to the total hours currently required by the department.
A school that chooses to participate in the training must require all instructional personnel to participate.
(4) A person has no cause of action for any loss or damage caused by an act or omission resulting from the implementation of this section or resulting from any training required by this section unless the loss or damage was caused by willful or wanton misconduct.
(4) A person has no cause of action for any loss or damage caused by an act or omission resulting from the implementation of this section or resulting from any training required by this section unless the loss or damage was caused by willful or Page 12 of 13 CODING:
This section does not create any new duty of care or basis of liability.
Page 6 of 7 CODING:
hb0947-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 947 2018 (5) The State Board of Education may adopt rules to implement this section.
hb0947-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 947 2018 wanton misconduct.
Section 4.
This section does not create any new duty of care or basis of liability.
(5) The State Board of Education may adopt rules to implement this section.
Section 7.
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hb0947-01-c1
hb0947-02-c2
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Action History

  1. Died in Messages

  2. Indefinitely postponed and withdrawn from consideration

  3. In Messages

  4. CS passed; YEAS 112 NAYS 0

  5. Read 3rd time

  6. Placed on 3rd reading

  7. Read 2nd time

  8. Placed on Special Order Calendar, 03/02/18

  9. Placed on Calendar

  10. CS/CS by Health and Human Services Committee read 1st time

  11. Pending review of CS -under Rule 7.18(c)

  12. CS/CS by- Health and Human Services Committee; YEAS 20 NAYS 0

  13. On Committee agenda-- Health and Human Services Committee, 02/07/18, 10:30 am, Morris Hall

  14. Now in Health and Human Services Committee

  15. CS by Children, Families and Seniors Subcommittee read 1st time

  16. Pending review of CS under Rule 7.18(c)

  17. CS by Children, Families and Seniors Subcommittee; YEAS 11 NAYS 0

  18. PCS on Committee agenda-- Children, Families and Seniors Subcommittee, 01/30/18, 8:30 am, 12 HOB

  19. Introduced

  20. Referred to Children, Families and Seniors Subcommittee; Health and Human Services Committee

  21. Filed

Sponsors

  • Payne · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Payne

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 112 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 90002
Democrat 5000
Republican 17003
Total 112005
% of votes cast 96%0%0%4%
How each member voted (117)
Member Party Vote
Gonzalez — Yea
Alexander — Yea
Grant, J. — Yea
Grant, M. — Yea
Raschein — Yea
Caldwell — Yea
Slosberg — Yea
Clemons — Yea
Smith — Yea
Latvala — Yea
Cortes, B. — Yea
Lee — Yea
Cortes, J. — Yea
Sullivan — Yea
Diaz, M. — Yea
Moraitis — Yea
Watson, B. — Yea
Watson, C. — Yea
Nunez — Yea
Williams — Yea
Fitzenhagen — Yea
Abruzzo — Not Voting
Altman — Not Voting
Ahern — Yea
Asencio — Yea
Ausley — Yea
Beshears — Yea
Bileca — Yea
Brown — Yea
Byrd — Yea
Corcoran — Yea
Cruz — Yea
Cummings — Yea
Diamond — Yea
Donalds — Yea
Drake — Yea
DuBose — Yea
Duran — Yea
Edwards-Walpole — Yea
Eagle — Yea
Fant — Yea
Fine — Yea
Fischer — Yea
Geller — Yea
Good — Yea
Goodson — Yea
Hager — Yea
Hardemon — Yea
Harrison — Yea
Henry — Yea
Ingoglia — Yea
Ingram — Yea
Jacobs — Yea
Jacquet — Yea
Jenne — Yea
Killebrew — Yea
Magar — Yea
Mariano — Yea
McGhee — Yea
Mercado — Yea
Metz — Yea
Moskowitz — Yea
Newton — Yea
Oliva — Yea
Olszewski — Yea
Payne — Yea
Peters — Yea
Pigman — Yea
Ponder — Yea
Porter — Yea
Pritchett — Yea
Raburn — Yea
Richardson — Yea
Renner — Yea
Rodrigues — Yea
Rommel — Yea
Russell — Yea
Roth — Yea
Santiago — Yea
Shaw — Yea
Silvers — Yea
Spano — Yea
Sprowls — Yea
Stafford — Yea
Stevenson — Yea
Stone — Yea
Toledo — Yea
Trujillo — Yea
White — Yea
Willhite — Yea
Williamson — Yea
La Rosa — Yea
Antone, Bruce Hadley Democrat Yea
Berman, Lori Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Not Voting
Burton, Colleen Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Not Voting
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Miller, Monique Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Not Voting
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democrat 2000
Republican 5000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Grant, M. — Yea
Williams — Yea
Grant, J. — Yea
Brown — Yea
Cummings — Yea
DuBose — Yea
Hardemon — Yea
Magar — Yea
Pigman — Yea
Santiago — Yea
Silvers — Yea
Stevenson — Yea
White — Yea
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Brodeur, Jason Republican Yea
Burton, Colleen Republican Yea
Harrell, Gayle Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 11 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 9003
Republican 2000
Total 11003
% of votes cast 79%0%0%21%
How each member voted (14)
Member Party Vote
Gonzalez — Yea
Slosberg — Yea
Grant, M. — Yea
Williams — Yea
McGhee — Yea
Peters — Yea
Roth — Yea
Russell — Yea
Santiago — Yea
Spano — Not Voting
Stevenson — Not Voting
Willhite — Not Voting
Harrell, Gayle Republican Yea
Plasencia, Susan Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 947 do?
The bill aimed to improve mental health support for young people. However, it did not move forward and is no longer being considered.
Who sponsors HB 947?
HB 947 is sponsored by Payne.
What is the current status of HB 947?
This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 947?
Track HB 947 free on One Click Politics — get push/email alerts when it moves.

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