HB 0669 2003
1	A bill to be entitled
2	An act relating to substance abuse treatment and
3	intervention; amending s. 39.001, F.S.; providing
4	additional legislative findings and purposes with respect
5	to the treatment of substance abuse; amending ss. 39.402
6	and 39.407, F.S.; authorizing the court to order specified
7	persons to submit to a substance abuse assessment upon a
8	showing of good cause in connection with a shelter hearing
9	or petition for dependency; authorizing sanctions for
10	noncompliance; amending ss. 39.507 and 39.521, F.S.;
11	authorizing the court to order specified persons to submit
12	to a substance abuse assessment as part of an adjudicatory
13	order or pursuant to a disposition hearing; requiring a
14	showing of good cause; authorizing the court to require
15	participation in a treatment-based drug court program;
16	authorizing the court to impose sanctions for
17	noncompliance; amending s. 39.701, F.S.; authorizing the
18	court to extend the time for completing a case plan during
19	judicial review, based upon participation in a treatment-
20	based drug court program; amending s. 397.334, F.S.;
21	revising legislative intent with respect to treatment-
22	based drug court programs to reflect participation by
23	community support agencies, the Department of Education,
24	and other individuals; including post adjudicatory
25	programs as part of treatment-based drug court programs;
26	requiring each judicial circuit to establish a position
27	for a coordinator of the treatment-based drug court
28	program; requiring the chief judge of each judicial
29	circuit to appoint an advisory committee for the
30	treatment-based drug court program; providing for
31	membership of the committee; revising language with
32	respect to an annual report; amending s. 910.035, F.S.;
33	revising language with respect to conditions for the
34	transfer of a case in the drug court treatment program to
35	a county other than that in which the charge arose;
36	amending s. 948.08, F.S.; revising eligibility
37	requirements for participation in pretrial intervention
38	programs; authorizing the court to refer certain
39	defendants who are assessed with a substance abuse problem
40	to a pretrial intervention program with the approval of
41	the state attorney; deleting provisions authorizing
42	advisory committees for the district pretrial intervention
43	programs; amending s. 985.306, F.S.; revising eligibility
44	requirements for participation in delinquency pretrial
45	intervention programs; authorizing the court to refer
46	certain juveniles who are assessed as having a substance
47	abuse problem to a substance abuse education and treatment
48	intervention program; deleting provisions authorizing
49	advisory committees for the district delinquency pretrial
50	intervention program; providing an effective date.
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1. Subsection (4) of section 39.001, Florida
55	Statutes, is amended to read:
56	39.001 Purposes and intent; personnel standards and
57	screening.--
58	(4) SUBSTANCE ABUSE SERVICES.--
59	(a) The Legislature recognizes that substance abuse is a
60	primary cause of the dramatic rise in cases of child abuse and
61	neglect, immeasurably increases the complexity of cases in the
62	dependency system, severely compromises or destroys the ability
63	of parents to provide a safe and nurturing home for children,
64	and severely confounds the dependency system's ability to
65	protect children. The Legislature also recognizes that early
66	referral and comprehensive treatment can help combat substance
67	abuse in families and that treatment is cost-effective. The
68	Legislature further recognizes that treatment-based drug court
69	program models that integrate judicial supervision, treatment,
70	accountability, sanctions, and community support greatly
71	increase the effectiveness of substance abuse treatment and
72	reduce the number of cases of child abuse and neglect.
73	(b) The substance abuse treatment and family safety
74	programs of the Department of Children and Family Services have
75	identified the following goals for this state:
76	1. Ensure the safety of children.
77	2. Prevent and remediate the consequences of substance
78	abuse on families involved in protective supervision or foster
79	care and reduce substance abuse, including alcohol abuse, for
80	families who are at risk of being involved in protective
81	supervision or foster care.
82	3. Expedite permanency for children and reunify healthy,
83	intact families, when appropriate.
84	4. Support families in recovery.
85	(c)The Legislature finds that children in the care of the
86	state's dependency system need appropriate health care services,
87	that the impact of substance abuse on health indicates the need
88	for health care services to include substance abuse services to
89	children and parents where appropriate, and that it is in the
90	state's best interest that such children be provided the
91	services they need to enable them to become and remain
92	independent of state care. In order to provide these services,
93	the state's dependency system must have the ability to identify
94	and provide appropriate intervention and treatment for children
95	with personal or family-related substance abuse problems.
96	(d) Parents and children should be assessed early and
97	continually in the process, but not later than the conference
98	date of the case planning process, to identify substance abuse
99	problems and appropriately address the severity of the substance
100	abuse problem. Participation in treatment, including a
101	treatment-based drug court program, may be required by the court
102	following adjudication. This subsection does not prevent a
103	child's parent, and, when appropriate, the legal custodian, from
104	voluntarily entering treatment, including a treatment-based drug
105	court program, at the earliest stage of the process.
106	(e)It is therefore the purpose of the Legislature to
107	provide authority for the state to contract with community
108	substance abuse treatment providers for the development and
109	operation of specialized support and overlay services for the
110	dependency system, which will be fully implemented and used
111	utilizedas resources permit.
112	(f) It is the intent of the Legislature to encourage the
113	Department of Children and Family Services, in conjunction with
114	community agencies; treatment-based facilities; facilities
115	dedicated to child welfare, child development, and mental health
116	services; the Department of Health; other similar agencies;
117	local governments; law enforcement agencies; and other
118	interested public or private sources to support the drug court
119	program model. Participation in the treatment-based drug court
120	program does not divest any public or private agency of its
121	responsibility for a child or adult, but enables these agencies
122	to better meet their needs through shared responsibility and
123	resources.
124	Section 2. Present subsections (11) through (16) of
125	section 39.402, Florida Statutes, are renumbered as subsections
126	(12) through (17), respectively, and a new subsection (11) is
127	added to said section, to read:
128	39.402 Placement in a shelter.--
129	(11) At the shelter hearing, if the mental or physical
130	condition of a child or the child's parent, caregiver, legal
131	custodian, or other person requesting custody of the child is in
132	controversy, the court may order the person to submit to a
133	substance abuse assessment or evaluation. The assessment or
134	evaluation must be administered by a qualified professional, as
135	defined in s. 397.311. The order may be made only upon good
136	cause shown and pursuant to the notice and procedures set forth
137	in the Florida Rules of Juvenile Procedure.
138	Section 3. Section 39.407, Florida Statutes, is amended to
139	read:
140	39.407 Medical, psychiatric, and psychological examination
141	and treatment of child; physical,or mental, or substance abuse
142	examination of parent or person requesting custody of child.--
143	(1) When any child is removed from the home and maintained
144	in an out-of-home placement, the department is authorized to
145	have a medical screening performed on the child without
146	authorization from the court and without consent from a parent
147	or legal custodian. Such medical screening shall be performed by
148	a licensed health care professional and shall be to examine the
149	child for injury, illness, and communicable diseases and to
150	determine the need for immunization. The department shall by
151	rule establish the invasiveness of the medical procedures
152	authorized to be performed under this subsection. In no case
153	does this subsection authorize the department to consent to
154	medical treatment for such children.
155	(2) When the department has performed the medical
156	screening authorized by subsection (1), or when it is otherwise
157	determined by a licensed health care professional that a child
158	who is in an out-of-home placement, but who has not been
159	committed to the department, is in need of medical treatment,
160	including the need for immunization, consent for medical
161	treatment shall be obtained in the following manner:
162	(a)1. Consent to medical treatment shall be obtained from
163	a parent or legal custodian of the child; or
164	2. A court order for such treatment shall be obtained.
165	(b) If a parent or legal custodian of the child is
166	unavailable and his or her whereabouts cannot be reasonably
167	ascertained, and it is after normal working hours so that a
168	court order cannot reasonably be obtained, an authorized agent
169	of the department shall have the authority to consent to
170	necessary medical treatment, including immunization, for the
171	child. The authority of the department to consent to medical
172	treatment in this circumstance shall be limited to the time
173	reasonably necessary to obtain court authorization.
174	(c) If a parent or legal custodian of the child is
175	available but refuses to consent to the necessary treatment,
176	including immunization, a court order shall be required unless
177	the situation meets the definition of an emergency in s. 743.064
178	or the treatment needed is related to suspected abuse,
179	abandonment, or neglect of the child by a parent, caregiver, or
180	legal custodian. In such case, the department shall have the
181	authority to consent to necessary medical treatment. This
182	authority is limited to the time reasonably necessary to obtain
183	court authorization.
184
185	In no case shall the department consent to sterilization,
186	abortion, or termination of life support.
187	(3)(a) A judge may order a child in an out-of-home
188	placement to be examined by a licensed health care professional.
189	(b) The judge may also order such child to be evaluated by
190	a psychiatrist or a psychologist or, if a developmental
191	disability is suspected or alleged, by the developmental
192	disability diagnostic and evaluation team of the department. If
193	it is necessary to place a child in a residential facility for
194	such evaluation, the criteria and procedure established in s.
195	394.463(2) or chapter 393 shall be used, whichever is
196	applicable.
197	(c) The judge may also order such child to be evaluated by
198	a district school board educational needs assessment team. The
199	educational needs assessment provided by the district school
200	board educational needs assessment team shall include, but not
201	be limited to, reports of intelligence and achievement tests,
202	screening for learning disabilities and other handicaps, and
203	screening for the need for alternative education as defined in
204	s. 1001.42.
205	(4) A judge may order a child in an out-of-home placement
206	to be treated by a licensed health care professional based on
207	evidence that the child should receive treatment. The judge may
208	also order such child to receive mental health or developmental
209	disabilities services from a psychiatrist, psychologist, or
210	other appropriate service provider. Except as provided in
211	subsection (5), if it is necessary to place the child in a
212	residential facility for such services, the procedures and
213	criteria established in s. 394.467 or chapter 393 shall be used,
214	whichever is applicable. A child may be provided developmental
215	disabilities or mental health services in emergency situations,
216	pursuant to the procedures and criteria contained in s.
217	394.463(1) or chapter 393, whichever is applicable.
218	(5) Children who are in the legal custody of the
219	department may be placed by the department, without prior
220	approval of the court, in a residential treatment center
221	licensed under s. 394.875 or a hospital licensed under chapter
222	395 for residential mental health treatment only pursuant to
223	this section or may be placed by the court in accordance with an
224	order of involuntary examination or involuntary placement
225	entered pursuant to s. 394.463 or s. 394.467. All children
226	placed in a residential treatment program under this subsection
227	must have a guardian ad litem appointed.
228	(a) As used in this subsection, the term:
229	1. "Residential treatment" means placement for
230	observation, diagnosis, or treatment of an emotional disturbance
231	in a residential treatment center licensed under s. 394.875 or a
232	hospital licensed under chapter 395.
233	2. "Least restrictive alternative" means the treatment and
234	conditions of treatment that, separately and in combination, are
235	no more intrusive or restrictive of freedom than reasonably
236	necessary to achieve a substantial therapeutic benefit or to
237	protect the child or adolescent or others from physical injury.
238	3. "Suitable for residential treatment" or "suitability"
239	means a determination concerning a child or adolescent with an
240	emotional disturbance as defined in s. 394.492(5) or a serious
241	emotional disturbance as defined in s. 394.492(6) that each of
242	the following criteria is met:
243	a. The child requires residential treatment.
244	b. The child is in need of a residential treatment program
245	and is expected to benefit from mental health treatment.
246	c. An appropriate, less restrictive alternative to
247	residential treatment is unavailable.
248	(b) Whenever the department believes that a child in its
249	legal custody is emotionally disturbed and may need residential
250	treatment, an examination and suitability assessment must be
251	conducted by a qualified evaluator who is appointed by the
252	Agency for Health Care Administration. This suitability
253	assessment must be completed before the placement of the child
254	in a residential treatment center for emotionally disturbed
255	children and adolescents or a hospital. The qualified evaluator
256	must be a psychiatrist or a psychologist licensed in Florida who
257	has at least 3 years of experience in the diagnosis and
258	treatment of serious emotional disturbances in children and
259	adolescents and who has no actual or perceived conflict of
260	interest with any inpatient facility or residential treatment
261	center or program.
262	(c) Before a child is admitted under this subsection, the
263	child shall be assessed for suitability for residential
264	treatment by a qualified evaluator who has conducted a personal
265	examination and assessment of the child and has made written
266	findings that:
267	1. The child appears to have an emotional disturbance
268	serious enough to require residential treatment and is
269	reasonably likely to benefit from the treatment.
270	2. The child has been provided with a clinically
271	appropriate explanation of the nature and purpose of the
272	treatment.
273	3. All available modalities of treatment less restrictive
274	than residential treatment have been considered, and a less
275	restrictive alternative that would offer comparable benefits to
276	the child is unavailable.
277
278	A copy of the written findings of the evaluation and suitability
279	assessment must be provided to the department and to the
280	guardian ad litem, who shall have the opportunity to discuss the
281	findings with the evaluator.
282	(d) Immediately upon placing a child in a residential
283	treatment program under this section, the department must notify
284	the guardian ad litem and the court having jurisdiction over the
285	child and must provide the guardian ad litem and the court with
286	a copy of the assessment by the qualified evaluator.
287	(e) Within 10 days after the admission of a child to a
288	residential treatment program, the director of the residential
289	treatment program or the director's designee must ensure that an
290	individualized plan of treatment has been prepared by the
291	program and has been explained to the child, to the department,
292	and to the guardian ad litem, and submitted to the department.
293	The child must be involved in the preparation of the plan to the
294	maximum feasible extent consistent with his or her ability to
295	understand and participate, and the guardian ad litem and the
296	child's foster parents must be involved to the maximum extent
297	consistent with the child's treatment needs. The plan must
298	include a preliminary plan for residential treatment and
299	aftercare upon completion of residential treatment. The plan
300	must include specific behavioral and emotional goals against
301	which the success of the residential treatment may be measured.
302	A copy of the plan must be provided to the child, to the
303	guardian ad litem, and to the department.
304	(f) Within 30 days after admission, the residential
305	treatment program must review the appropriateness and
306	suitability of the child's placement in the program. The
307	residential treatment program must determine whether the child
308	is receiving benefit toward the treatment goals and whether the
309	child could be treated in a less restrictive treatment program.
310	The residential treatment program shall prepare a written report
311	of its findings and submit the report to the guardian ad litem
312	and to the department. The department must submit the report to
313	the court. The report must include a discharge plan for the
314	child. The residential treatment program must continue to
315	evaluate the child's treatment progress every 30 days thereafter
316	and must include its findings in a written report submitted to
317	the department. The department may not reimburse a facility
318	until the facility has submitted every written report that is
319	due.
320	(g)1. The department must submit, at the beginning of each
321	month, to the court having jurisdiction over the child, a
322	written report regarding the child's progress toward achieving
323	the goals specified in the individualized plan of treatment.
324	2. The court must conduct a hearing to review the status
325	of the child's residential treatment plan no later than 3 months
326	after the child's admission to the residential treatment
327	program. An independent review of the child's progress toward
328	achieving the goals and objectives of the treatment plan must be
329	completed by a qualified evaluator and submitted to the court
330	before its 3-month review.
331	3. For any child in residential treatment at the time a
332	judicial review is held pursuant to s. 39.701, the child's
333	continued placement in residential treatment must be a subject
334	of the judicial review.
335	4. If at any time the court determines that the child is
336	not suitable for continued residential treatment, the court
337	shall order the department to place the child in the least
338	restrictive setting that is best suited to meet his or her
339	needs.
340	(h) After the initial 3-month review, the court must
341	conduct a review of the child's residential treatment plan every
342	90 days.
343	(i) The department must adopt rules for implementing
344	timeframes for the completion of suitability assessments by
345	qualified evaluators and a procedure that includes timeframes
346	for completing the 3-month independent review by the qualified
347	evaluators of the child's progress toward achieving the goals
348	and objectives of the treatment plan which review must be
349	submitted to the court. The Agency for Health Care
350	Administration must adopt rules for the registration of
351	qualified evaluators, the procedure for selecting the evaluators
352	to conduct the reviews required under this section, and a
353	reasonable, cost-efficient fee schedule for qualified
354	evaluators.
355	(6) When a child is in an out-of-home placement, a
356	licensed health care professional shall be immediately called if
357	there are indications of physical injury or illness, or the
358	child shall be taken to the nearest available hospital for
359	emergency care.
360	(7) Except as otherwise provided herein, nothing in this
361	section shall be deemed to eliminate the right of a parent,
362	legal custodian, or the child to consent to examination or
363	treatment for the child.
364	(8) Except as otherwise provided herein, nothing in this
365	section shall be deemed to alter the provisions of s. 743.064.
366	(9) A court shall not be precluded from ordering services
367	or treatment to be provided to the child by a duly accredited
368	practitioner who relies solely on spiritual means for healing in
369	accordance with the tenets and practices of a church or
370	religious organization, when required by the child's health and
371	when requested by the child.
372	(10) Nothing in this section shall be construed to
373	authorize the permanent sterilization of the child unless such
374	sterilization is the result of or incidental to medically
375	necessary treatment to protect or preserve the life of the
376	child.
377	(11) For the purpose of obtaining an evaluation or
378	examination, or receiving treatment as authorized pursuant to
379	this section, no child alleged to be or found to be dependent
380	shall be placed in a detention home or other program used
381	primarily for the care and custody of children alleged or found
382	to have committed delinquent acts.
383	(12) The parents or legal custodian of a child in an out-
384	of-home placement remain financially responsible for the cost of
385	medical treatment provided to the child even if either one or
386	both of the parents or if the legal custodian did not consent to
387	the medical treatment. After a hearing, the court may order the
388	parents or legal custodian, if found able to do so, to reimburse
389	the department or other provider of medical services for
390	treatment provided.
391	(13) Nothing in this section alters the authority of the
392	department to consent to medical treatment for a dependent child
393	when the child has been committed to the department and the
394	department has become the legal custodian of the child.
395	(14) At any time after the filing of a shelter petition or
396	petition for dependency, when the mental or physical condition,
397	including the blood group, of a parent, caregiver, legal
398	custodian, or other person requesting custody of a child is in
399	controversy, the court may order the person to submit to a
400	physical or mental examination by a qualified professional. The
401	order may be made only upon good cause shown and pursuant to
402	notice and procedures as set forth by the Florida Rules of
403	Juvenile Procedure.
404	(15) At any time after a shelter petition or petition for
405	dependency is filed, if the mental or physical condition of a
406	child or the child's parent, caregiver, legal custodian, or
407	other person requesting custody of the child is in controversy,
408	the court, if it has not already done so, may order the person
409	to submit to a substance abuse assessment and evaluation. The
410	assessment or evaluation must be administered by a qualified
411	professional, as defined in s. 397.311. The order may be made
412	only upon good cause shown and pursuant to the notice and
413	procedures set forth in the Florida Rules of Juvenile Procedure.
414	Section 4. Subsection (9) is added to section 39.507,
415	Florida Statutes, to read:
416	39.507 Adjudicatory hearings; orders of adjudication.--
417	(9) If the mental or physical condition of a child or the
418	child's parent, caregiver, legal custodian, or other person
419	requesting custody of the child is in controversy, the court, if
420	it has not already done so, may require the person to submit to
421	a substance abuse assessment or evaluation. The assessment or
422	evaluation must be administered by a qualified professional, as
423	defined in s. 397.311. The court may also require such person to
424	participate in and comply with treatment and services identified
425	as necessary, including, when appropriate and available,
426	participation and compliance with a treatment-based drug court
427	program. The court, including the treatment-based drug court
428	program, shall oversee the progress and compliance with
429	treatment by the child or the child's parent, legal custodian,
430	caregiver, or other person requesting custody of the child, and
431	shall impose appropriate available sanctions for noncompliance
432	upon the child's parent, legal custodian, caregiver, or other
433	person requesting custody of the child. Any order entered under
434	this subsection may be made only upon good cause shown and
435	pursuant to the notice and procedures set forth in the Florida
436	Rules of Juvenile Procedure.
437	Section 5. Paragraph (b) of subsection (1) of section
438	39.521, Florida Statutes, is amended to read:
439	39.521 Disposition hearings; powers of disposition.--
440	(1) A disposition hearing shall be conducted by the court,
441	if the court finds that the facts alleged in the petition for
442	dependency were proven in the adjudicatory hearing, or if the
443	parents or legal custodians have consented to the finding of
444	dependency or admitted the allegations in the petition, have
445	failed to appear for the arraignment hearing after proper
446	notice, or have not been located despite a diligent search
447	having been conducted.
448	(b) When any child is adjudicated by a court to be
449	dependent, the court having jurisdiction of the child has the
450	power by order to:
451	1. Require, if the court has not already done so, a child
452	or the child's parent, caregiver, legal custodian, or other
453	person requesting custody of the child to submit to a substance
454	abuse assessment or evaluation when such person's mental or
455	physical condition is in controversy. The assessment or
456	evaluation must be administered by a qualified professional, as
457	defined in s. 397.311. The court may also require such person to
458	participate in treatment and services identified as necessary,
459	including participation and compliance with a treatment-based
460	drug court program, when appropriate and if available. The
461	court, including the treatment-based drug court program, shall
462	oversee the progress and compliance with treatment by the child
463	or the child's parent, legal custodian, caregiver, or other
464	person requesting custody of the child, and shall impose
465	appropriate available sanctions for noncompliance upon the
466	child's parent, legal custodian, caregiver, or other person
467	requesting custody of the child. Any order entered under this
468	paragraph may be made only upon good cause shown and pursuant to
469	the notice and procedures set forth in the Florida Rules of
470	Juvenile Procedure.the parent and, when appropriate, the legal
471	custodian and the child, to participate in treatment and
472	services identified as necessary.
473	2. Require, if the court deems necessary, the parties to
474	participate in dependency mediation.
475	3. Require placement of the child either under the
476	protective supervision of an authorized agent of the department
477	in the home of one or both of the child's parents or in the home
478	of a relative of the child or another adult approved by the
479	court, or in the custody of the department. Protective
480	supervision continues until the court terminates it or until the
481	child reaches the age of 18, whichever date is first. Protective
482	supervision shall be terminated by the court whenever the court
483	determines that permanency has been achieved for the child,
484	whether with a parent, another relative, or a legal custodian,
485	and that protective supervision is no longer needed. The
486	termination of supervision may be with or without retaining
487	jurisdiction, at the court's discretion, and shall in either
488	case be considered a permanency option for the child. The order
489	terminating supervision by the department shall set forth the
490	powers of the custodian of the child and shall include the
491	powers ordinarily granted to a guardian of the person of a minor
492	unless otherwise specified. Upon the court's termination of
493	supervision by the department, no further judicial reviews are
494	required, so long as permanency has been established for the
495	child.
496	Section 6. Paragraph (d) of subsection (8) of section
497	39.701, Florida Statutes, is amended to read:
498	39.701 Judicial review.--
499	(8)
500	(d) The court may extend the time limitation of the case
501	plan, or may modify the terms of the plan, which, in addition to
502	other modifications, may include a requirement that the parent,
503	foster parent, or legal custodian participate in a treatment-
504	based drug court program,based upon information provided by the
505	social service agency, and the guardian ad litem, if one has
506	been appointed, the parent or parents, and the foster parents or
507	legal custodian, and any other competent information on record
508	demonstrating the need for the amendment. If the court extends
509	the time limitation of the case plan, the court must make
510	specific findings concerning the frequency of past parent-child
511	visitation, if any, and the court may authorize the expansion or
512	restriction of future visitation. Modifications to the plan must
513	be handled as prescribed in s. 39.601. Any extension of a case
514	plan must comply with the time requirements and other
515	requirements specified by this chapter.
516	Section 7. Section 397.334, Florida Statutes, is amended
517	to read:
518	397.334 Treatment-based drug court programs.--
519	(1) It is the intent of the Legislature to implement
520	treatment-based drug court programs in each judicial circuit in
521	an effort to reduce crime and recidivism, abuse and neglect
522	cases, and family dysfunction by breaking the cycle of
523	addiction,which is the most predominant cause of cases entering
524	the justice system. The Legislature recognizes that the
525	integration of judicial supervision, treatment, accountability,
526	and sanctions, and community supportgreatly increases the
527	effectiveness of substance abuse treatment. The Legislature
528	also seeks to ensure that there is a coordinated, integrated,
529	and multidisciplinary response to the substance abuse problem in
530	this state, with special attention given to the creation of
531	creating partnerships amongbetween the public, community,and
532	private sectors and to the coordinated, supported, and
533	integrated delivery of multiple-system services for substance
534	abusers, including a multiagencyteam approach to service
535	delivery and aftercare services.
536	(2) Each judicial circuit shall establish a model of a
537	treatment-based drug court program under which persons in the
538	justice system assessed with a substance abuse problem will be
539	processed in such a manner as to appropriately address the
540	severity of the identified substance abuse problem through
541	treatment servicesplanstailored to the individual needs of the
542	participant. These treatment-based drug court program models may
543	be established in the misdemeanor, felony, family, delinquency,
544	and dependency divisions of the judicial circuits. It is the
545	intent of the Legislature to encourage the Department of
546	Corrections, the Department of Children and Family Services, the
547	Department of Juvenile Justice, the Department of Health, the
548	Department of Law Enforcement, the Department of Education, and
549	other such otheragencies, local governments, law enforcement
550	agencies, and other interested public or private sources, and
551	individualsto support the creation and establishment of these
552	problem-solving court programs. Participation in the treatment-
553	based drug court programs does not divest any public or private
554	agency of its responsibility for a child or adult, but enables
555	allowsthese agencies to better meet their needs through shared
556	responsibility and resources.
557	(3) The treatment-based drug court programs shall include
558	therapeutic jurisprudence and restorative justiceprinciples and
559	adhere to the following 10 key components, recognized by the
560	Drug Courts Program Office of the Office of Justice Programs of
561	the United States Department of Justice and adopted by the
562	Florida Supreme Court Treatment-Based Drug Court Steering
563	Committee:
564	(a) Drug court programs integrate alcohol and other drug
565	treatment services with justice system case processing.
566	(b) Using a nonadversarial approach, prosecution and
567	defense counsel promote public safety while protecting
568	participants' due process rights.
569	(c) Eligible participants are identified early and
570	promptly placed in the drug court program.
571	(d) Drug court programs provide access to a continuum of
572	alcohol, drug, and other related treatment and rehabilitation
573	services.
574	(e) Abstinence is monitored by frequent testing for
575	alcohol and other drugs.
576	(f) A coordinated strategy governs drug court program
577	responses to participants' compliance.
578	(g) Ongoing judicial interaction with each drug court
579	program participant is essential.
580	(h) Monitoring and evaluation measure the achievement of
581	program goals and gauge program effectiveness.
582	(i) Continuing interdisciplinary education promotes
583	effective drug court program planning, implementation, and
584	operations.
585	(j) Forging partnerships among drug court programs, public
586	agencies, and community-based organizations generates local
587	support and enhances drug court program effectiveness.
588	(4) Treatment-based drug court programs may include
589	pretrial intervention programs as provided in ss. 948.08,
590	948.16, and 985.306, post adjudicatory programs, and the
591	monitoring of sentenced offenders through a treatment-based drug
592	court program. Supervision may also be provided for offenders
593	who transfer from jail or a prison-based treatment program into
594	the community.
595	(5) Contingent upon an annual appropriation by the
596	Legislature, each judicial circuit shall establish, at a
597	minimum, one coordinator position for the treatment-based drug
598	court program within the state courts system to coordinate the
599	responsibilities of the participating agencies and service
600	providers. Each coordinator shall provide direct support to the
601	treatment-based drug court program by providing coordination
602	between the multidisciplinary team and the judiciary, providing
603	case management, monitoring compliance of the participants in
604	the treatment-based drug court program with court requirements,
605	and providing program evaluation and accountability.
606	(6)(5)(a) The Florida Association of Drug Court Program
607	Professionals is created. The membership of the association may
608	consist of treatment-baseddrug court program practitioners who
609	comprise the multidisciplinary treatment-baseddrug court
610	program team, including, but not limited to, judges, state
611	attorneys, defense counsel, drug courtprogram coordinators,
612	probation officers, law enforcement officers, community
613	representatives,members of the academic community, and
614	treatment professionals. Membership in the association shall be
615	voluntary.
616	(b) The association shall annually elect a chair whose
617	duty is to solicit recommendations from members on issues
618	relating to the expansion, operation, and institutionalization
619	of treatment-baseddrug court programs. The chair is
620	responsible for providing the association's recommendations
621	together with a report each year, on or before October 1, to the
622	appropriate Supreme Court committee or personnel of the Office
623	of the State Courts AdministratorSupreme Court Treatment-Based
624	Drug Court Steering Committee, and shall submit a report each
625	year, on or before October 1, to the steering committee.
626	(7) The chief judge of each judicial circuit may appoint
627	an advisory committee for the treatment-based drug court
628	program. The committee shall be composed of the chief judge or
629	his or her designee, who shall serve as chair; the judge of the
630	treatment-based drug court program, if not otherwise designated
631	by the chief judge as his or her designee; the state attorney,
632	or his or her designee; the public defender, or his or her
633	designee; the treatment-based drug court program coordinators;
634	community representatives; and any other persons the chair finds
635	are appropriate.
636	Section 8. Subsection (5) of section 910.035, Florida
637	Statutes, is amended to read:
638	910.035 Transfer from county for plea and sentence.--
639	(5) Any person eligible for participation in a drug court
640	treatment program pursuant to s. 948.08(6) may be eligible to
641	have the case transferred to a county other than that in which
642	the charge arose if the drug court program agrees and if the
643	following conditions are met:
644	(a) The authorized representative of the drug court
645	program of the county requesting to transfer the case shall
646	consult with the authorized representative of the drug court
647	program in the county to which transfer is desired.
648	(b) If approval for transfer is received from all parties,
649	the trial court shall accept a plea of nolo contendere andenter
650	a transfer order directing the clerk to transfer the case to the
651	county which has accepted the defendant into its drug court
652	program.
653	(c) The transfer order shall include a copy of the
654	probable cause affidavit; any charging documents in the case;
655	all reports, witness statements, test results, evidence lists,
656	and other documents in the case; the defendant's mailing address
657	and phone number; and the defendant's written consent to abide
658	by the rules and procedures of the receiving county's drug court
659	program.
660	(d) After the transfer takes place, the clerk shall set
661	the matter for a hearing before the drug court program judge and
662	the court shall ensure the defendant's entry into the drug court
663	program.
664	(e) Upon successful completion of the drug court program,
665	the jurisdiction to which the case has been transferred shall
666	dispose of the case pursuant to s. 948.08(6). If the defendant
667	does not complete the drug court program successfully, the
668	jurisdiction to which the case has been transferred shall
669	dispose of the case within the guidelines of the Criminal
670	Punishment Codecase shall be prosecuted as determined by the
671	state attorneys of the sending and receiving counties.
672	Section 9. Subsections (6), (7), and (8) of section
673	948.08, Florida Statutes, are amended to read:
674	948.08 Pretrial intervention program.--
675	(6)(a) Notwithstanding any provision of this section, a
676	person who is charged with a felony of the second or third
677	degree for purchase or possession of a controlled substance
678	under chapter 893, prostitution, tampering with evidence,
679	solicitation for purchase of a controlled substance, or
680	obtaining a prescription by fraud; who has not been charged with
681	a crime involving violence, including, but not limited to,
682	murder, sexual battery, robbery, carjacking, home-invasion
683	robbery, or any other crime involving violence; and who has not
684	previously been convicted of a felony nor been admitted to a
685	felony pretrial program referred to in this sectionis eligible
686	for admission into a pretrial substance abuse education and
687	treatment intervention program approved by the chief judge of
688	the circuit, for a period of not less than 1 year in duration,
689	upon motion of either party or the court's own motion, except:
690	1. If a defendant was previously offered admission to a
691	pretrial substance abuse education and treatment intervention
692	program at any time prior to trial and the defendant rejected
693	that offer on the record, then the court or the state attorney
694	may deny the defendant's admission to such a program.
695	1.2.If the state attorney believes that the facts and
696	circumstances of the case suggest the defendant's involvement in
697	the dealing and selling of controlled substances, the court
698	shall hold a preadmission hearing. If the state attorney
699	establishes, by a preponderance of the evidence at such hearing,
700	that the defendant was involved in the dealing or selling of
701	controlled substances, the court shall deny the defendant's
702	admission into a pretrial intervention program.
703	2. A defendant assessed with a substance abuse problem who
704	is charged for the first time with a nonviolent third degree
705	felony and a defendant assessed with a substance abuse problem
706	who has previously been convicted of a nonviolent third degree
707	felony who is charged with a second or subsequent nonviolent
708	third degree felony may, with the approval of the state
709	attorney, be referred to the program outlined in this
710	subsection. Upon successful completion of the program, the
711	defendant is entitled to dismissal of the pending charge
712	involving a nonviolent third degree felony.
713	(b) At the end of the pretrial intervention period, the
714	court shall consider the recommendation of the administrator
715	pursuant to subsection (5) and the recommendation of the state
716	attorney as to disposition of the pending charges. The court
717	shall determine, by written finding, whether the defendant has
718	successfully completed the pretrial intervention program.
719	(c)1. If the court finds that the defendant has not
720	successfully completed the pretrial intervention program, the
721	court may order the person to continue in education and
722	treatment or order that the charges revert to normal channels
723	for prosecution.
724	2. The court shall dismiss the charges upon a finding that
725	the defendant has successfully completed the pretrial
726	intervention program.
727	(d) Any entity, whether public or private, providing a
728	pretrial substance abuse education and treatment intervention
729	program under this subsection must contract with the county or
730	appropriate governmental entity, and the terms of the contract
731	must include, but need not be limited to, the requirements
732	established for private entities under s. 948.15(3).
733	(7) The chief judge in each circuit may appoint an
734	advisory committee for the pretrial intervention program
735	composed of the chief judge or his or her designee, who shall
736	serve as chair; the state attorney, the public defender, and the
737	program administrator, or their designees; and such other
738	persons as the chair deems appropriate. The advisory committee
739	may not designate any defendant eligible for a pretrial
740	intervention program for any offense that is not listed under
741	paragraph (6)(a) without the state attorney's recommendation and
742	approval. The committee may also include persons representing
743	any other agencies to which persons released to the pretrial
744	intervention program may be referred.
745	(7)(8)The department may contract for the services and
746	facilities necessary to operate pretrial intervention programs.
747	Section 10. Section 985.306, Florida Statutes, is amended
748	to read:
749	985.306 Delinquency pretrial intervention program.--
750	(1)(a)Notwithstanding any provision of law to the
751	contrary, a child who is charged under chapter 893 with a
752	misdemeanor; afelony of the second or third degree for purchase
753	or possession of a controlled substance under chapter 893;
754	tampering with evidence, solicitation for purchase of a
755	controlled substance, or obtaining a prescription by fraud, and
756	who has not previously been adjudicated for a felony nor been
757	admitted to a delinquency pretrial intervention program under
758	this section, is eligible for admission into a delinquency
759	pretrial substance abuse education and treatment intervention
760	program approved by the chief judge or alternative sanctions
761	coordinator of the circuit to the extent that funded programs
762	are available, for a period based on the program requirements
763	and the treatment services that are suitable for the offenderof
764	not less than 1 year in duration, upon motion of either party or
765	the court's own motion, except:.
766	(a)If the state attorney believes that the facts and
767	circumstances of the case suggest the child's involvement in the
768	dealing and selling of controlled substances, the court shall
769	hold a preadmission hearing. If the state attorney establishes
770	by a preponderance of the evidence at such hearing that the
771	child was involved in the dealing and selling of controlled
772	substances, the court shall deny the child's admission into a
773	delinquency pretrial intervention program.
774	(b) A child assessed with a substance abuse problem who is
775	charged for the first time with a nonviolent third degree felony
776	and a child assessed with a substance abuse problem who has
777	previously been adjudicated guilty of or delinquent for a
778	nonviolent third degree felony who is charged with a second or
779	subsequent nonviolent third degree felony may, with the approval
780	of the state attorney, be referred to the program outlined in
781	this subsection. Upon successful completion of the program, the
782	child is entitled to dismissal of the pending charge as provided
783	in paragraph (3)(b).
784	(2)(b)At the end of the delinquency pretrial intervention
785	period, the court shall consider the recommendation of the state
786	attorney and the program administrator as to disposition of the
787	pending charges. The court shall determine, by written finding,
788	whether the child has successfully completed the delinquency
789	pretrial intervention program.
790	(3)(a)(c)1.If the court finds that the child has not
791	successfully completed the delinquency pretrial intervention
792	program, the court may order the child to continue in an
793	education, treatment, or urine monitoring program if resources
794	and funding are available or order that the charges revert to
795	normal channels for prosecution.
796	(b)2.The court may dismiss the charges upon a finding
797	that the child has successfully completed the delinquency
798	pretrial intervention program.
799	(4)(d)Any entity, whether public or private, providing
800	pretrial substance abuse education, treatment intervention, and
801	a urine monitoring program under this section must contract with
802	the county or appropriate governmental entity, and the terms of
803	the contract must include, but need not be limited to, the
804	requirements established for private entities under s.
805	948.15(3). It is the intent of the Legislature that public or
806	private entities providing substance abuse education and
807	treatment intervention programs involve the active participation
808	of parents, schools, churches, businesses, law enforcement
809	agencies, and the department or its contract providers.
810	(2) The chief judge in each circuit may appoint an
811	advisory committee for the delinquency pretrial intervention
812	program composed of the chief judge or designee, who shall serve
813	as chair; the state attorney, the public defender, and the
814	program administrator, or their designees; and such other
815	persons as the chair deems appropriate. The committee may also
816	include persons representing any other agencies to which
817	children released to the delinquency pretrial intervention
818	program may be referred.
819	Section 11. This act shall take effect July 1, 2003.