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Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. PCS (746564) for SB 1150

874924

CHAMBER ACTION

Senate

Comm: RCS

3/26/2008

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House



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The Committee on Children, Families, and Elder Affairs (Storms)

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recommended the following amendment:

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     Senate Amendment (with title amendments)

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     Between line(s) 546 and 547

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insert and renumber subsequent sections:

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     Section 10.  Paragraphs (b), (c), (d), (e), (f), (g), and

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(h) of subsection (1) of section 985.19, Florida Statutes, are

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amended to read:

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     985.19  Incompetency in juvenile delinquency cases.--

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

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

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petition may be incompetent to proceed with the hearing, the

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

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attorney or state attorney must, stay all proceedings and order

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an evaluation of the child's mental condition.

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

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

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

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three experts appointed by the court. The basis for the

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determination of incompetency must be specifically stated in the

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evaluation and shall be conducted in such a way as to ensure

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uniform application of the criteria enumerated in Rules

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8.095(9)(d), Competence to Proceed; Scope of Examination and

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Report, subsections 8.095(9)(d)(1) through (4), F.A.C. In

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addition, a recommendation as to whether residential or

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nonresidential treatment or training is required must be included

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in the evaluation. Experts appointed by the court to determine

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the mental condition of a child shall be allowed reasonable fees

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for services rendered. State employees may be paid expenses

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pursuant to s. 112.061. The fees shall be taxed as costs in the

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case.

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     (c)  All court orders determining incompetency must include

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specific written findings by the court as to the nature of the

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incompetency and whether the child requires secure or nonsecure

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treatment or training environments.

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     (d) Appointed experts shall have completed forensic

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evaluator training approved by the department within five years

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prior to conducting evaluations for the court, and each shall be

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a psychiatrist, licensed psychologist, or physician.

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     (d)1. For incompetency evaluations related to mental

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illness, the Department of Children and Family Services shall

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maintain and annually provide the courts with a list of available

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mental health professionals who have completed a training program

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approved by the Department of Children and Family Services to

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

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remain on the department's registry as long as they have

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completed or retaken the forensic evaluator training within the

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previous five years. Those who have not completed the required

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training within the previous five years will be removed from the

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department's registry and may not conduct evaluations for the

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courts.

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     2. Experts are responsible for maintaining documentation of

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completion of the required training and providing the department

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with current contact information during the five-year effective

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date of the required training.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 56

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and insert:

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

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requiring that experts appointed in juvenile incompetent

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to proceed cases be a psychiatrist, licensed psychologist,

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or physician and have completed the forensic evaluator

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training within five years prior to conducting evaluations

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

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experts who have completed or retaken the course within

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the last 5 years remain on the registry; requiring experts

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on the registry to maintain training course documentation

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and provide the department with current information;

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requiring the department of

3/26/2008  8:43:00 AM     CF.CF.05832

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

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