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The Florida House Children, Families and Seniors Subcommittee is proposing comprehensive changes to the state’s mental health and substance abuse laws in the current legislative session. Representative Patt Maney, a retired judge and vice chair of the committee, expressed frustration with the existing laws, particularly the Baker Act, and emphasized the need for reform.

Maney highlighted the significant financial burden on Florida taxpayers, estimating an annual expenditure of around $800 million to house individuals with mental illnesses in various facilities. Citing recommendations from the National Conference of Chief Justices, a 2010 grand jury report from Miami Dade County, and a state interim report from the Commission on Mental Health and Substance Abuse, Maney emphasized the necessity of fixing mental health laws.

The proposed bill, now known as HB 7021, unanimously passed the subcommittee and addresses both the Baker Act and the Marchman Act, which deals with substance abuse. The 110-page proposal seeks to amend 50 state statutes across seven chapters of law in six different categories.

Key changes proposed by the House bill include empowering psychiatric nurses to release patients from crisis “receiving” facilities, creating personalized healthcare plans for discharged patients, granting officers discretion in involuntary examinations, and removing the 30-bed limit for crisis stabilization units.

Other notable provisions involve prohibiting the court from involuntarily placing developmentally disabled patients without co-occurring mental illness in state mental health treatment facilities, streamlining processes for involuntary assessments and treatment, and requiring the publication of reports on involuntary treatment services by the Florida Department of Children and Families.

While the bill does not currently consider expanding the criteria beyond “imminent danger,” Maney expressed openness to exploring such changes. Representative Dotie Joseph suggested collaboration on potential language expansion and emphasized the importance of addressing legal problems arising from mental health and substance use disorders by expanding Medicaid for the working poor in Florida.

During the subcommittee discussion, Miami Judge Steve Leifman, recognized by Pope Francis for his work diverting individuals with mental health issues from the criminal justice system, expressed support for the proposed measures. Leifman, who has advocated for the Miami Center for Mental Health and Recovery for over two decades, indicated that the center would open later this year.

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If a loved one is struggling with a substance abuse issue in Florida, you need strong legal representation on your side to assist you. The stakes are high when it comes to your loved one and their health and their future. Please call our office to get a Marchman Act Lawyer.

At The Law Offices of Michael T. Rabideau, we provide aggressive and strategic help for clients across South Florida. As a former Assistant State Attorney, founder Michael Rabideau knows the ins and outs of the local justice system and how to build an effective defense.

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