October 13, 2019
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Florida Senate - 2008 CS for CS for CS for SB 1150

By the Committees on Health and Human Services Appropriations; Judiciary; Children, Families, and Elder Affairs; and Senator Storms

603-08333-08 20081150c3

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A bill to be entitled

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An act relating to mental health and substance abuse;

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amending s. 394.4572, F.S.; requiring level II screening

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for all personnel who work with persons with mental

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illness; amending s. 394.462, F.S.; providing for HIV

6

testing of persons being transported for mental health

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services upon the request of law enforcement officers or

8

other designated agents who come into contact with the

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person's body fluids; requiring the county health

10

department to provide HIV testing at no cost to such

11

officers and agents; amending s. 394.67, F.S.; removing an

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obsolete reference to a corporation's contract with the

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Department of Children and Family Services and adding a

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reference to a corporation's licensure by the Agency for

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Health Care Administration to the definition of

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residential treatment center for children and adolescents;

17

amending s. 394.674, F.S.; establishing priority

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populations who are eligible for services funded by the

19

Department of Children and Family Services; authorizing

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the department to adopt rules; creating s. 394.4996, F.S.;

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authorizing the department to establish facilities that

22

provide services as an integrated adult mental health

23

crisis stabilization unit and addictions receiving

24

facility; requiring licensure; providing eligibility

25

criteria for treatment services; authorizing the

26

department to adopt rules; amending s. 553.80, F.S.;

27

requiring that local construction regulations for secure

28

mental health treatment facilities be enforced by the

29

department or the Agency for Health Care Administration;

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amending s. 916.111, F.S.; requiring that a forensic

31

evaluator training course be provided annually in order

32

for mental health experts to be placed on the forensic

33

evaluator registry; providing that mental health

34

professionals that have taken the course within the last 5

35

years remain on the registry; requiring mental health

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professionals on the registry to maintain training course

37

documentation and provide the department with current

38

information; amending s. 916.115, F.S.; allowing certain

39

persons who are supervised by a person who has taken the

40

forensic evaluator training course to assist in the

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forensic evaluation process; amending s. 916.13, F.S.;

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requiring defendants in the custody of the Department of

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Corrections who are adjudicated incompetent to remain in

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the custody of the Department of Corrections and receive

45

treatment from the department; requiring the Department of

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Children and Family Services to determine whether the

47

inmate has regained competency; providing timelines for

48

competency hearings; amending s. 916.15, F.S.; providing a

49

timeline for holding a commitment hearing for defendants

50

who no longer meet the criteria for continued commitment

51

by reason of insanity; providing an exception for

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defendants in the custody of the Department of

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Corrections; requiring defendants in the custody of the

54

Department of Corrections who are charged with a new

55

felony and found not guilty by reason of insanity to

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remain in the department's custody for the remainder of

57

their sentence; requiring the Department of Children and

58

Family Services to evaluate the inmate and file a report

59

with the court requesting a hearing for determining

60

continued commitment placement; amending s. 985.19, F.S.;

61

requiring that experts appointed in juvenile incompetent-

62

to-proceed cases be a psychiatrist, licensed psychologist,

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or physician and have completed the forensic evaluator

64

training within 5 years prior to conducting evaluations

65

for the court; providing that, beginning July 1, 2009,

66

experts who have completed or retaken the course within

67

the last 5 years remain on the registry; requiring experts

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on the registry to maintain training course documentation

69

and provide the Department of Children and Family Services

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with current information; requiring the Department of

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Children and Family Services and the Agency for Health

72

Care Administration to prepare a mental health plan to be

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submitted to the Legislature and the Governor; requiring a

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study by the Office of Program Policy Analysis and

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Governmental Accountability on mental health issues;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (1) of section 394.4572, Florida

81

Statutes, is amended to read:

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     394.4572  Screening of mental health personnel.--

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     (1)(a)  The department and the Agency for Health Care

84

Administration shall require employment screening for mental

85

health personnel using the standards for level 2 screening set

86

forth in chapter 435. "Mental health personnel" includes all

87

program directors, professional clinicians, staff members, and

88

volunteers working in public or private mental health programs

89

and facilities who have direct contact with unmarried patients

90

under the age of 18 years. For purposes of this chapter,

91

employment screening of mental health personnel shall also

92

include, but is not limited to, employment screening as provided

93

under chapter 435.

94

     (b)  Students in the health care professions who are

95

interning in a mental health facility licensed under chapter 395,

96

where the primary purpose of the facility is not the treatment of

97

minors, are exempt from the fingerprinting and screening

98

requirements, provided they are under direct supervision in the

99

actual physical presence of a licensed health care professional.

100

     (c) Mental health personnel working in a facility licensed

101

under chapter 395 who have less than 15 hours per week of direct

102

contact with patients or who are health care professionals

103

licensed by the Agency for Health Care Administration or a board

104

thereunder are exempt from the fingerprinting and screening

105

requirements, except for persons working in mental health

106

facilities where the primary purpose of the facility is the

107

treatment of minors.

108

     (c)(d) A volunteer who assists on an intermittent basis for

109

less than 40 hours per month is exempt from the fingerprinting

110

and screening requirements, provided the volunteer is under

111

direct and constant supervision by persons who meet the screening

112

requirements of paragraph (a).

113

     Section 2.  Subsection (4) is added to section 394.462,

114

Florida Statutes, to read:

115

     394.462  Transportation.--

116

     (4) HIV EXPOSURE.--

117

     (a) In any case in which a law enforcement officer;

118

employee of an emergency medical transport service, private

119

transport company contracting with the county, or mobile crisis

120

response service; or other designated agent of the county,

121

department, or the court comes into contact with or is exposed to

122

body fluids, to which universal precautions apply as outlined in

123

s. 381.004(2)(c), of a person being taken into custody for the

124

purpose of delivering him or her to a receiving or treatment

125

facility, hospital, community mental health center, or other

126

facility authorized to provide mental health evaluations or

127

services pursuant to this chapter, the law enforcement officer,

128

employee, or agent may seek a court order directing that the

129

person who is the source of the significant exposure undergo HIV

130

testing. A sworn statement by the law enforcement officer,

131

employee, or agent that a significant exposure has occurred

132

constitutes probable cause for the issuance of the order by the

133

court. The order shall direct the person to undergo HIV testing

134

within 48 hours after the issuance of the court order.

135

     1. The testing shall be performed in accordance with s.

137

     2. The results of the test shall be disclosed to the law

138

enforcement officer, employee, or agent no later than 2 weeks

139

after the court receives the results.

140

     3. The results of the test are not admissible in any

141

subsequent court proceeding involving the person being

142

transported.

143

     (b) A law enforcement officer; employee of an emergency

144

medical transport service, private transport company contracting

145

with the county, or mobile crisis response service; or other

146

designated agent of the county, department, or the court who

147

comes into contact with or is exposed to body fluids, to which

148

universal precautions apply as outlined in s. 381.004(2)(c), of a

149

person being transported pursuant to this section and who

150

requests HIV testing may obtain such test from his or her

151

respective county health department at no cost.

152

     Section 3.  Subsection (21) of section 394.67, Florida

153

Statutes, is amended to read:

154

     394.67  Definitions.--As used in this part, the term:

155

     (21)  "Residential treatment center for children and

156

adolescents" means a 24-hour residential program, including a

157

therapeutic group home, which provides mental health services to

158

emotionally disturbed children or adolescents as defined in s.

159

394.492(5) or (6) and which is a private for-profit or not-for-

160

profit corporation licensed by the Agency for Health Care

161

Administration under contract with the department which offers a

162

variety of treatment modalities in a more restrictive setting.

163

     Section 4.  Section 394.674, Florida Statutes, is amended to

164

read:

165

     394.674 Clinical Eligibility for publicly funded substance

166

abuse and mental health services; fee collection requirements.--

167

     (1)  To be eligible to receive substance abuse and mental

168

health services funded by the department, a person must be a

169

member of at least one of the department's priority populations

170

target groups approved by the Legislature, pursuant to s.

171

216.0166. The priority populations include:

172

     (a) For adult mental health services:

173

     1. Adults who have severe and persistent mental illness, as

174

designated by the department using criteria which include

175

severity of diagnosis, duration of the mental illness, ability to

176

independently perform activities of daily living, and receipt of

177

disability income for a psychiatric condition. Within this group

178

priority populations include:

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     a. Older adults in crisis.

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     b. Older adults who are at risk of being placed in a more

181

restrictive environment because of their mental illness.

182

     c. Individuals deemed incompetent to proceed or not guilty

183

by reason of insanity under chapter 916.

184

     d. Other individuals with criminal justice involvement.

185

     e. Individuals who have co-occurring mental illness and

186

substance use disorders.

187

     2. Adults experiencing an acute mental or emotional crisis

188

as defined in s. 394.67(17).

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     (b) For children's mental health services:

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     1. Children who have a serious emotional disturbance.

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     2. Children who have an emotional disturbance.

192

     3. Children who are at risk of emotional disturbance.

193

     (c) For substance abuse services:

194

     1. Adults who have substance use disorders and have a

195

history of intravenous drug use.

196

     2. Persons dually diagnosed as having co-occurring

197

substance abuse and mental health disorders.

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     3. Parents putting children at risk due to a substance

199

abuse disorder.

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     4. Persons who have a substance abuse disorder and have

201

been ordered by the court to receive treatment.

202

     5. Children at risk for initiating drug use.

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     6. Children under state supervision.

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     7. Children who have a substance abuse disorder but who are

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not under the supervision of a court or in the custody of a state

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agency.

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     8. Persons identified as a priority population as a

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condition of the receipt of the Substance Abuse Block Grant.

209

     (2)  Crisis services, as defined in s. 394.67, must, within

210

the limitations of available state and local matching resources,

211

be available to each person who is eligible for services under

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subsection (1), regardless of the person's ability to pay for

213

such services. A person who is experiencing a mental health

214

crisis and who does not meet the criteria for involuntary

215

examination under s. 394.463(1), or a person who is experiencing

216

a substance abuse crisis and who does not meet the involuntary

217

admission criteria in s. 397.675, must contribute to the cost of

218

his or her care and treatment pursuant to the sliding fee scale

219

developed under subsection (4), unless charging a fee is

220

contraindicated because of the crisis situation.

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     (3)  Mental health services, substance abuse services, and

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crisis services, as defined in s. 394.67, must, within the

223

limitations of available state and local matching resources, be

224

available to each person who is eligible for services under

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subsection (1). Such person must contribute to the cost of his or

226

her care and treatment pursuant to the sliding fee scale

227

developed under subsection (4).

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     (4) The department shall adopt rules relating to client

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implement the clinical eligibility, client enrollment, and fee

230

collection requirements for publicly funded substance abuse and

231

mental health services. The rules must require that each provider

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under contract with the department which enrolls eligible persons

233

into treatment to develop a sliding fee scale for persons who

234

have a net family income at or above 150 percent of the Federal

235

Poverty Income Guidelines, unless otherwise required by state or

236

federal law. The sliding fee scale must use the uniform schedule

237

of discounts by which a provider under contract with the

238

department discounts its established client charges for services

239

supported with state, federal, or local funds, using, at a

240

minimum, factors such as family income, financial assets, and

241

family size as declared by the person or the person's guardian.

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The rules must include uniform criteria to be used by all service

243

providers in developing the schedule of discounts for the sliding

244

fee scale. The rules must address the most expensive types of

245

treatment, such as residential and inpatient treatment, in order

246

to make it possible for a client to responsibly contribute to his

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or her mental health or substance abuse care without jeopardizing

248

the family's financial stability. A person who is not eligible

249

for Medicaid and whose net family income is less than 150 percent

250

of the Federal Poverty Income Guidelines must pay a portion of

251

his or her treatment costs which is comparable to the copayment

252

amount required by the Medicaid program for Medicaid clients

253

pursuant to s. 409.9081. The rules must require that persons who

254

receive financial assistance from the Federal Government because

255

of a disability and are in long-term residential treatment

256

settings contribute to their board and care costs and treatment

257

costs and must be consistent with the provisions in s. 409.212.

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     (5)  A person who meets the eligibility criteria in

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subsection (1) shall be served in accordance with the appropriate

260

district substance abuse and mental health services plan

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specified in s. 394.75 and within available resources.

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     (6) The department may adopt rules to administer this

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section.

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     Section 5.  Section 394.4996, Florida Statutes, is created

265

to read:

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     394.4996 Integrated adult mental health crisis

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stabilization and addictions receiving facilities.--

268

     (1) Beginning July 1, 2008, the Agency for Health Care

269

Administration, in consultation with the Department of Children

270

and Family Services, may license facilities that integrate

271

services provided in an adult mental health crisis stabilization

272

unit with services provided in an adult addictions receiving

273

facility. Such a facility shall be licensed by the agency as an

274

adult crisis stabilization unit under part IV and shall meet all

275

licensure requirements for crisis stabilization units providing

276

integrated services.

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     (2) An integrated mental health crisis stabilization unit

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and addictions receiving facility may provide services under this

279

section to adults, 18 years of age or older, who fall into one or

280

more of the following categories:

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     (a) An adult meeting the requirements for voluntary

282

admission for mental health treatment under s. 394.4625.

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     (b) An adult meeting the criteria for involuntary

284

examination for mental illness under s. 394.463.

285

     (c) An adult qualifying for voluntary admission for

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substance abuse treatment under s. 397.601.

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     (d) An adult meeting the criteria for involuntary admission

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for substance abuse impairment under s. 397.675.

289

     (3) The department, in consultation with the agency, shall

290

adopt by rule standards that address eligibility criteria;

291

clinical procedures; staffing requirements; operational,

292

administrative, and financing requirements; and the investigation

293

of complaints. Standards that are implemented specific to

294

substance abuse treatment services shall meet or exceed existing

295

standards for addiction receiving facilities.

296

     Section 6.  Subsection (1) of section 553.80, Florida

297

Statutes, is amended to read:

298

     553.80  Enforcement.--

299

     (1) Except as provided in paragraphs (a)-(g) (a)-(f), each

300

local government and each legally constituted enforcement

301

district with statutory authority shall regulate building

302

construction and, where authorized in the state agency's enabling

303

legislation, each state agency shall enforce the Florida Building

304

Code required by this part on all public or private buildings,

305

structures, and facilities, unless such responsibility has been

306

delegated to another unit of government pursuant to s. 553.79(9).

307

     (a)  Construction regulations relating to correctional

308

facilities under the jurisdiction of the Department of

309

Corrections and the Department of Juvenile Justice are to be

310

enforced exclusively by those departments.

311

     (b)  Construction regulations relating to elevator equipment

312

under the jurisdiction of the Bureau of Elevators of the

313

Department of Business and Professional Regulation shall be

314

enforced exclusively by that department.

315

     (c) Construction regulations relating to secure mental

316

health treatment facilities under the jurisdiction of the

317

Department of Children and Family Services and secure mental

318

health treatment facilities licensed under chapter 395 by the

319

Agency for Health Care Administration shall be enforced

320

exclusively by that department and the agency.

321

     (d)(c) In addition to the requirements of s. 553.79 and

322

this section, facilities subject to the provisions of chapter 395

323

and part II of chapter 400 shall have facility plans reviewed and

324

construction surveyed by the state agency authorized to do so

325

under the requirements of chapter 395 and part II of chapter 400

326

and the certification requirements of the Federal Government.

327

     (e)(d) Building plans approved under s. 553.77(3) and

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state-approved manufactured buildings, including buildings

329

manufactured and assembled offsite and not intended for

330

habitation, such as lawn storage buildings and storage sheds, are

331

exempt from local code enforcing agency plan reviews except for

332

provisions of the code relating to erection, assembly, or

333

construction at the site. Erection, assembly, and construction at

334

the site are subject to local permitting and inspections. Lawn

335

storage buildings and storage sheds bearing the insignia of

336

approval of the department are not subject to s. 553.842. Such

337

buildings that do not exceed 400 square feet may be delivered and

338

installed without need of a contractor's or specialty license.

339

     (f)(e) Construction regulations governing public schools,

340

state universities, and community colleges shall be enforced as

341

provided in subsection (6).

342

     (g)(f) The Florida Building Code as it pertains to toll

343

collection facilities under the jurisdiction of the turnpike

344

enterprise of the Department of Transportation shall be enforced

345

exclusively by the turnpike enterprise.

346

347

The governing bodies of local governments may provide a schedule

348

of fees, as authorized by s. 125.56(2) or s. 166.222 and this

349

section, for the enforcement of the provisions of this part. Such

350

fees shall be used solely for carrying out the local government's

351

responsibilities in enforcing the Florida Building Code. The

352

authority of state enforcing agencies to set fees for enforcement

353

shall be derived from authority existing on July 1, 1998.

354

However, nothing contained in this subsection does not shall

355

operate to limit such agencies from adjusting their fee schedule

356

in conformance with existing authority.

357

     Section 7.  Section 916.111, Florida Statutes, is amended to

358

read:

359

     916.111  Training of mental health experts.--The evaluation

360

of defendants for competency to proceed or for sanity at the time

361

of the commission of the offense shall be conducted in such a way

362

as to ensure uniform application of the criteria enumerated in

363

Rules 3.210 and 3.216, Florida Rules of Criminal Procedure.

364

     (1) A forensic evaluator training course approved by the

365

department must be provided at least annually to ensure that

366

mental health professionals have the opportunity to be placed on

367

the department's forensic evaluator registry.

368

     (a) Beginning July 1, 2009, experts shall remain on the

369

registry if they have completed or retaken the required training

370

within the previous 5 years. Those who have not completed the

371

required training within the previous 5 years shall be removed

372

from the registry and may not conduct evaluations for the courts.

373

     (b) A mental health professional who has completed the

374

training course within the previous 5 years is responsible for

375

maintaining documentation of completion of the required training

376

and providing the department with current contact information.

377

     (2) The department shall develop, and may contract with

378

accredited institutions:

379

     (a)(1) To provide:

380

     1.(a) A plan for training mental health professionals to

381

perform forensic evaluations and to standardize the criteria and

382

procedures to be used in these evaluations;

383

     2.(b) Clinical protocols and procedures based upon the

384

criteria of Rules 3.210 and 3.216, Florida Rules of Criminal

385

Procedure; and

386

     3.(c) Training for mental health professionals in the

387

application of these protocols and procedures in performing

388

forensic evaluations and providing reports to the courts; and

389

     (b)(2) To compile and maintain the necessary information

390

for evaluating the success of this program, including the number

391

of persons trained, the cost of operating the program, and the

392

effect on the quality of forensic evaluations as measured by

393

appropriateness of admissions to state forensic facilities and to

394

community-based care programs.

395

     Section 8.  Subsection (1) of section 916.115, Florida

396

Statutes, is amended to read:

397

     916.115  Appointment of experts.--

398

     (1)  The court shall appoint no more than three experts to

399

determine the mental condition of a defendant in a criminal case,

400

including competency to proceed, insanity, involuntary placement,

401

and treatment. The experts may evaluate the defendant in jail or

402

in another appropriate local facility or in a facility of the

403

Department of Corrections.

404

     (a) To the extent possible, the Appointed experts must

405

shall have completed forensic evaluator training as provided in

406

s. 916.111 approved by the department, and each shall be a

407

psychiatrist, licensed psychologist, or physician.

408

     (b) Graduate students completing a practicum or internship,

409

psychological specialists or counselors, and postdoctoral fellows

410

at the state's mental health treatment facilities may assist in

411

the evaluation process as long as their reports are overseen and

412

signed by a supervising evaluator who has completed forensic

413

evaluator training within the previous 5 years.

414

     (c)(b) The department shall maintain and annually provide

415

the courts with a forensic evaluator registry list of available

416

mental health professionals who have completed the approved

417

training as experts.

418

     Section 9.  Section 916.13, Florida Statutes, is amended to

419

read:

420

     916.13  Involuntary commitment of defendant adjudicated

421

incompetent.--

422

     (1) Except for a defendant who is serving a sentence in the

423

custody of the Department of Corrections, a Every defendant who

424

is charged with a felony and who is adjudicated incompetent to

425

proceed may be involuntarily committed for treatment upon a

426

finding by the court of clear and convincing evidence that:

427

     (a)  The defendant has a mental illness and because of the

428

mental illness:

429

     1.  The defendant is manifestly incapable of surviving alone

430

or with the help of willing and responsible family or friends,

431

including available alternative services, and, without treatment,

432

the defendant is likely to suffer from neglect or refuse to care

433

for herself or himself and such neglect or refusal poses a real

434

and present threat of substantial harm to the defendant's well-

435

being; or

436

     2.  There is a substantial likelihood that in the near

437

future the defendant will inflict serious bodily harm on herself

438

or himself or another person, as evidenced by recent behavior

439

causing, attempting, or threatening such harm;

440

     (b)  All available, less restrictive treatment alternatives,

441

including treatment in community residential facilities or

442

community inpatient or outpatient settings, which would offer an

443

opportunity for improvement of the defendant's condition have

444

been judged to be inappropriate; and

445

     (c)  There is a substantial probability that the mental

446

illness causing the defendant's incompetence will respond to

447

treatment and the defendant will regain competency to proceed in

448

the reasonably foreseeable future.

449

     (2)(a) A defendant who has been charged with a felony and

450

who has been adjudicated incompetent to proceed due to mental

451

illness, and who meets the criteria for involuntary commitment to

452

the department under the provisions of this chapter, may be

453

committed to the department, and the department shall retain and

454

treat the defendant. Within No later than 6 months after the date

455

of admission and at the end of any period of extended commitment,

456

or at any time the administrator or designee shall have

457

determined that the defendant has regained competency to proceed

458

or no longer meets the criteria for continued commitment, the

459

administrator or designee shall file a report with the court

460

pursuant to the applicable Florida Rules of Criminal Procedure.

461

     (b) A defendant who is serving a sentence in the custody of

462

the Department of Corrections, who is charged with a new felony

463

or is entitled to a mandatory appeal pursuant to Rule 3.851,

464

Florida Rules of Criminal Procedure, and who has been adjudicated

465

incompetent to proceed due to mental illness shall be retained in

466

the physical custody of the Department of Corrections and the

467

department shall administer a lesson plan for competency

468

restoration training provided by the Department of Children and

469

Family Services. Within 6 months after the administration of the

470

lesson plan and every 12 months thereafter, or at any time the

471

Department of Children and Family Services determines that the

472

defendant has regained competency to proceed, the Department of

473

Children and Family Services shall file a report with the court

474

pursuant to the applicable Florida Rules of Criminal Procedure.

475

     (c) Within 15 days after the court receives notification

476

that a defendant is competent to proceed or no longer meets the

477

criteria for continued commitment, the defendant shall be

478

transported back to jail pursuant to s. 916.107(10) for the

479

purpose of holding a competency hearing.

480

     (d) A competency hearing shall be held within 30 days after

481

a court receives notification that the defendant is competent to

482

proceed.

483

     Section 10.  Section 916.15, Florida Statutes, is amended to

484

read:

485

     916.15  Involuntary commitment of defendant adjudicated not

486

guilty by reason of insanity.--

487

     (1)  The determination of whether a defendant is not guilty

488

by reason of insanity shall be determined in accordance with Rule

489

3.217, Florida Rules of Criminal Procedure.

490

     (2) Except for a defendant who is serving a sentence in the

491

custody of the Department of Corrections, a defendant who is

492

acquitted of criminal charges because of a finding of not guilty

493

by reason of insanity may be involuntarily committed pursuant to

494

such finding if the defendant has a mental illness and, because

495

of the illness, is manifestly dangerous to himself or herself or

496

others.

497

     (3) Except for a defendant who is serving a sentence in the

498

custody of the Department of Corrections, a Every defendant

499

acquitted of criminal charges by reason of insanity and found to

500

meet the criteria for involuntary commitment may be committed and

501

treated in accordance with the provisions of this section and the

502

applicable Florida Rules of Criminal Procedure. The department

503

shall admit a defendant so adjudicated to an appropriate facility

504

or program for treatment and shall retain and treat such

505

defendant.

506

     (a) Within No later than 6 months after the date of

507

admission, prior to the end of any period of extended commitment,

508

or at any time the administrator or designee has shall have

509

determined that the defendant no longer meets the criteria for

510

continued commitment placement, the administrator or designee

511

shall file a report with the court pursuant to the applicable

512

Florida Rules of Criminal Procedure.

513

     (b) Within 15 days after the court receives notification

514

that the defendant no longer meets the criteria for continued

515

commitment placement, the defendant shall, pursuant to s.

516

916.107(10), be transported back to jail for the purpose of

517

holding a commitment hearing.

518

     (c) A commitment hearing shall be held within 30 days after

519

the court receives notification that the defendant no longer

520

meets the criteria for continued commitment placement.

521

     (4) A defendant who is serving a sentence in the custody of

522

the Department of Corrections, who has been charged with a new

523

felony, and who has been adjudicated not guilty by reason of

524

insanity shall be retained in the physical custody of the

525

Department of Corrections for the remainder of his or her

526

sentence. Within 30 days before the defendant's anticipated

527

release date, the Department of Children and Family Services

528

shall evaluate the defendant and file a report with the court

529

requesting that the defendant be returned to the court's

530

jurisdiction to determine if the defendant continues to meet the

531

criteria for continued commitment placement.

532

     (5)(4) In all proceedings under this section, both the

533

defendant and the state shall have the right to a hearing before

534

the committing court. Evidence at such hearing may be presented

535

by the hospital administrator or the administrator's designee as

536

well as by the state and the defendant. The defendant shall have

537

the right to counsel at any such hearing. If In the event that a

538

defendant is determined to be indigent pursuant to s. 27.52, the

539

public defender shall represent the defendant. The parties shall

540

have access to the defendant's records at the treating facilities

541

and may interview or depose personnel who have had contact with

542

the defendant at the treating facilities.

543

     Section 11.  Paragraphs (b) and (d) of subsection (1) of

544

section 985.19, Florida Statutes, are amended to read:

545

     985.19  Incompetency in juvenile delinquency cases.--

546

     (1)  If, at any time prior to or during a delinquency case,

547

the court has reason to believe that the child named in the

548

petition may be incompetent to proceed with the hearing, the

549

court on its own motion may, or on the motion of the child's

550

attorney or state attorney must, stay all proceedings and order

551

an evaluation of the child's mental condition.

552

     (b)  All determinations of competency shall be made at a

553

hearing, with findings of fact based on an evaluation of the

554

child's mental condition made by not less than two nor more than

555

three experts appointed by the court. The basis for the

556

determination of incompetency must be specifically stated in the

557

evaluation and shall be conducted in compliance with uniform

558

procedures relating to competency to proceed and evaluation

559

criteria. In addition, a recommendation as to whether residential

560

or nonresidential treatment or training is required must be

561

included in the evaluation. Experts appointed by the court to

562

determine the mental condition of a child shall be allowed

563

reasonable fees for services rendered. State employees may be

564

paid expenses pursuant to s. 112.061. The fees shall be taxed as

565

costs in the case.

566

     (d) Appointed experts shall have completed forensic

567

evaluator training approved by the Department of Children and

568

Family Services within 5 years before conducting evaluations for

569

the court, and each shall be a psychiatrist, licensed

570

psychologist, or physician.

571

     1.(d) For incompetency evaluations related to mental

572

illness, the Department of Children and Family Services shall

573

maintain and annually provide the courts with a list of available

574

mental health professionals who have completed a training program

575

approved by the Department of Children and Family Services to

576

perform the evaluations. Beginning July 1, 2009, experts shall

577

remain on the list as long as they have completed or retaken the

578

forensic evaluator training within the previous 5 years. Those

579

who have not completed the required training within the previous

580

5 years shall be removed from the list and may not conduct

581

evaluations for the courts.

582

     2. Experts are responsible for maintaining documentation of

583

completion of the required training and providing the department

584

with current contact information during the 5-year effective

585

period of the required training.

586

     Section 12. The Department of Children and Family Services

587

and the Agency for Health Care Administration, in consultation

588

with the Florida Substance Abuse and Mental Health Corporation

589

and the Criminal Justice, Mental Health, and Substance Abuse

590

Technical Assistance Center, shall prepare a plan relating to the

591

provision and management of mental health services for

592

consideration by the Legislature.

593

     (1) The plan shall, at a minimum, include the following:

594

     (a) A review and evaluation of the structure of governance

595

of mental health services and recommendations that will improve

596

the coordination of services at the local and state level,

597

maximize the use of resources, and inform and link target

598

populations with available services.

599

     (b) A review and evaluation of, and recommendations

600

concerning, the development of methodologies to accurately

601

estimate target populations for mental health services, the

602

service needs of each target population, and the availability of

603

services.

604

     (c) Proposed guidelines for the development and

605

implementation of community-based mental health programs and

606

services that reduce the likelihood of future involvement with

607

the criminal justice system.

608

     (d) Proposed guidelines for the development and

609

implementation of programs and services that facilitate the

610

transition and successful reentry into the community by providing

611

a continuum of mental health services to persons released from

612

criminal justice or forensic facilities.

613

     (e) Recommended performance measures and reporting

614

requirements for state and local programs and services specified

615

in paragraphs (c) and (d).

616

     (f) Proposed guidelines and strategies for providing a

617

continuum of care to persons receiving competency restoration

618

services.

619

     (2) The plan shall be submitted to the Governor, the

620

President of the Senate, and the Speaker of the House of

621

Representatives by January 1, 2010.

622

     Section 13. The Office of Program Policy Analysis and

623

Government Accountability shall conduct a study and make

624

recommendations relating to mental health services by January

625

2009. The study shall include a review of the following:

626

     (1) Mental health courts in this state compared with

627

similar courts in other states.

628

     (2) Mental health funding in this state compared with

629

mental health funding in other states.

630

     (3) A review of cost-containment strategies for mental

631

health services in other states.

632

     (4) Mental health diversion programs in this state compared

633

with similar programs in other states.

634

     Section 14.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.

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