HB 0125A 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; authorizing the court
6	to require certain persons to undergo treatment following
7	adjudication; amending ss. 39.402 and 39.407, F.S.;
8	authorizing the court to order specified persons to submit
9	to a substance abuse assessment upon a showing of good
10	cause in connection with a shelter hearing or petition for
11	dependency; authorizing sanctions for noncompliance;
12	amending ss. 39.507 and 39.521, F.S.; authorizing the
13	court to order specified persons to submit to a substance
14	abuse assessment as part of an adjudicatory order or
15	pursuant to a disposition hearing; requiring a showing of
16	good cause; authorizing the court to require participation
17	in a treatment-based drug court program; authorizing the
18	court to impose sanctions for noncompliance; amending s.
19	39.701, F.S.; authorizing the court to extend the time for
20	completing a case plan during judicial review, based upon
21	participation in a treatment-based drug court program;
22	amending s. 397.334, F.S.; revising legislative intent
23	with respect to treatment-based drug court programs to
24	reflect participation by community support agencies, the
25	Department of Education, and other individuals; including
26	post-adjudicatory programs as part of treatment-based drug
27	court programs; requiring each judicial circuit to
28	establish a position for a coordinator of the treatment-
29	based drug court program; requiring the chief judge of
30	each judicial circuit to appoint an advisory committee for
31	the treatment-based drug court program; providing for
32	membership of the committee; revising language with
33	respect to an annual report; amending s. 910.035, F.S.;
34	revising language with respect to conditions for the
35	transfer of a case in the drug court treatment program to
36	a county other than that in which the charge arose;
37	amending s. 948.08, F.S.; revising eligibility
38	requirements for participation in pretrial intervention
39	programs; authorizing the court to refer certain
40	defendants who are assessed with a substance abuse problem
41	to a pretrial intervention program with the approval of
42	the state attorney; deleting provisions authorizing
43	advisory committees for the district pretrial intervention
44	programs; amending s. 985.306, F.S.; revising eligibility
45	requirements for participation in delinquency pretrial
46	intervention programs; authorizing the court to refer
47	certain juveniles who are assessed as having a substance
48	abuse problem to a substance abuse education and treatment
49	intervention program; deleting provisions authorizing
50	advisory committees for the district delinquency pretrial
51	intervention program; providing for construction of the
52	act in pari materia with laws enacted during the 2003
53	Regular Session of the Legislature; providing an effective
54	date.
55
56	Be It Enacted by the Legislature of the State of Florida:
57
58	Section 1. Subsection (4) of section 39.001, Florida
59	Statutes, is amended to read:
60	39.001 Purposes and intent; personnel standards and
61	screening.--
62	(4) SUBSTANCE ABUSE SERVICES.--
63	(a) The Legislature recognizes that substance abuse is a
64	primary cause of the dramatic rise in cases of child abuse and
65	neglect, immeasurably increases the complexity of cases in the
66	dependency system, severely compromises or destroys the ability
67	of parents to provide a safe and nurturing home for children,
68	and severely confounds the dependency system's ability to
69	protect children. The Legislature also recognizes that early
70	referral and comprehensive treatment can help combat substance
71	abuse in families and that treatment is cost-effective. The
72	Legislature further recognizes that treatment-based drug court
73	program models that integrate judicial supervision, treatment,
74	accountability, sanctions, and community support greatly
75	increase the effectiveness of substance abuse treatment and
76	reduce the number of cases of child abuse and neglect.
77	(b) The substance abuse treatment and family safety
78	programs of the Department of Children and Family Services have
79	identified the following goals for this state:
80	1. To ensure the safety of children.
81	2. To prevent and remediate the consequences of substance
82	abuse on families involved in protective supervision or foster
83	care and reduce substance abuse, including alcohol abuse, for
84	families who are at risk of being involved in protective
85	supervision or foster care.
86	3. To expedite permanency for children and reunify
87	healthy, intact families, when appropriate.
88	4. To support families in recovery.
89	(c)The Legislature finds that children in the care of the
90	state's dependency system need appropriate health care services,
91	that the impact of substance abuse on health indicates the need
92	for health care services to include substance abuse services to
93	children and parents where appropriate, and that it is in the
94	state's best interest that such children be provided the
95	services they need to enable them to become and remain
96	independent of state care. In order to provide these services,
97	the state's dependency system must have the ability to identify
98	and provide appropriate intervention and treatment for children
99	with personal or family-related substance abuse problems.
100	(d) It is the intent of the Legislature to encourage the
101	court to support the drug court program model by assessing
102	parents and children to identify and address substance abuse
103	problems as the court deems appropriate at every stage of the
104	dependency process. Participation in treatment, including a
105	treatment-based drug court program, may be required by the court
106	following adjudication. This subsection does not prevent a
107	child’s parents and, when appropriate, the legal custodian from
108	voluntarily entering treatment, including a treatment-based drug
109	court program, at the earliest stage of the process. Nothing in
110	this section precludes a court from ordering drug testing where
111	substance abuse is suspected to determine the safety of the
112	placement of a child with a caretaker.
113	(e)It is therefore the purpose of the Legislature to
114	provide authority for the state to contract with community
115	substance abuse treatment providers for the development and
116	operation of specialized support and overlay services for the
117	dependency system, which will be fully implemented and used
118	utilizedas resources permit.
119	(f) It is the intent of the Legislature to encourage the
120	Department of Children and Family Services, in conjunction with
121	community agencies; treatment-based facilities; facilities
122	dedicated to child welfare, child development, and mental health
123	services; the Department of Health; other similar agencies;
124	local governments; law enforcement agencies; and other
125	interested public or private sources to support the drug court
126	program model. Participation in the treatment-based drug court
127	program does not divest any public or private agency of its
128	responsibility for a child or adult, but enables these agencies
129	to better meet their needs through shared responsibility and
130	resources.
131	Section 2. Subsections (11) through (16) of section
132	39.402, Florida Statutes, are renumbered as subsections (12)
133	through (17), respectively, and a new subsection (11) is added
134	to said section, to read:
135	39.402 Placement in a shelter.--
136	(11) At the shelter hearing, if the mental or physical
137	condition of a child or the child's parent, caregiver, legal
138	custodian, or other person requesting custody of the child is in
139	controversy, the court may order the person to submit to a
140	substance abuse assessment or evaluation. The assessment or
141	evaluation must be administered by a qualified professional, as
142	defined in s. 397.311. The order may be made only upon good
143	cause shown and pursuant to the notice and procedures set forth
144	in the Florida Rules of Juvenile Procedure.
145	Section 3. Section 39.407, Florida Statutes, is amended to
146	read:
147	39.407 Medical, psychiatric, and psychological examination
148	and treatment of child; physical,or mental, or substance abuse
149	examination of parent or person requesting custody of child.--
150	(1) When any child is removed from the home and maintained
151	in an out-of-home placement, the department is authorized to
152	have a medical screening performed on the child without
153	authorization from the court and without consent from a parent
154	or legal custodian. Such medical screening shall be performed by
155	a licensed health care professional and shall be to examine the
156	child for injury, illness, and communicable diseases and to
157	determine the need for immunization. The department shall by
158	rule establish the invasiveness of the medical procedures
159	authorized to be performed under this subsection. In no case
160	does this subsection authorize the department to consent to
161	medical treatment for such children.
162	(2) When the department has performed the medical
163	screening authorized by subsection (1), or when it is otherwise
164	determined by a licensed health care professional that a child
165	who is in an out-of-home placement, but who has not been
166	committed to the department, is in need of medical treatment,
167	including the need for immunization, consent for medical
168	treatment shall be obtained in the following manner:
169	(a)1. Consent to medical treatment shall be obtained from
170	a parent or legal custodian of the child; or
171	2. A court order for such treatment shall be obtained.
172	(b) If a parent or legal custodian of the child is
173	unavailable and his or her whereabouts cannot be reasonably
174	ascertained, and it is after normal working hours so that a
175	court order cannot reasonably be obtained, an authorized agent
176	of the department shall have the authority to consent to
177	necessary medical treatment, including immunization, for the
178	child. The authority of the department to consent to medical
179	treatment in this circumstance shall be limited to the time
180	reasonably necessary to obtain court authorization.
181	(c) If a parent or legal custodian of the child is
182	available but refuses to consent to the necessary treatment,
183	including immunization, a court order shall be required unless
184	the situation meets the definition of an emergency in s. 743.064
185	or the treatment needed is related to suspected abuse,
186	abandonment, or neglect of the child by a parent, caregiver, or
187	legal custodian. In such case, the department shall have the
188	authority to consent to necessary medical treatment. This
189	authority is limited to the time reasonably necessary to obtain
190	court authorization.
191
192	In no case shall the department consent to sterilization,
193	abortion, or termination of life support.
194	(3)(a) A judge may order a child in an out-of-home
195	placement to be examined by a licensed health care professional.
196	(b) The judge may also order such child to be evaluated by
197	a psychiatrist or a psychologist or, if a developmental
198	disability is suspected or alleged, by the developmental
199	disability diagnostic and evaluation team of the department. If
200	it is necessary to place a child in a residential facility for
201	such evaluation, the criteria and procedure established in s.
202	394.463(2) or chapter 393 shall be used, whichever is
203	applicable.
204	(c) The judge may also order such child to be evaluated by
205	a district school board educational needs assessment team. The
206	educational needs assessment provided by the district school
207	board educational needs assessment team shall include, but not
208	be limited to, reports of intelligence and achievement tests,
209	screening for learning disabilities and other handicaps, and
210	screening for the need for alternative education as defined in
211	s. 1001.42.
212	(4) A judge may order a child in an out-of-home placement
213	to be treated by a licensed health care professional based on
214	evidence that the child should receive treatment. The judge may
215	also order such child to receive mental health or developmental
216	disabilities services from a psychiatrist, psychologist, or
217	other appropriate service provider. Except as provided in
218	subsection (5), if it is necessary to place the child in a
219	residential facility for such services, the procedures and
220	criteria established in s. 394.467 or chapter 393 shall be used,
221	whichever is applicable. A child may be provided developmental
222	disabilities or mental health services in emergency situations,
223	pursuant to the procedures and criteria contained in s.
224	394.463(1) or chapter 393, whichever is applicable.
225	(5) Children who are in the legal custody of the
226	department may be placed by the department, without prior
227	approval of the court, in a residential treatment center
228	licensed under s. 394.875 or a hospital licensed under chapter
229	395 for residential mental health treatment only pursuant to
230	this section or may be placed by the court in accordance with an
231	order of involuntary examination or involuntary placement
232	entered pursuant to s. 394.463 or s. 394.467. All children
233	placed in a residential treatment program under this subsection
234	must have a guardian ad litem appointed.
235	(a) As used in this subsection, the term:
236	1. "Residential treatment" means placement for
237	observation, diagnosis, or treatment of an emotional disturbance
238	in a residential treatment center licensed under s. 394.875 or a
239	hospital licensed under chapter 395.
240	2. "Least restrictive alternative" means the treatment and
241	conditions of treatment that, separately and in combination, are
242	no more intrusive or restrictive of freedom than reasonably
243	necessary to achieve a substantial therapeutic benefit or to
244	protect the child or adolescent or others from physical injury.
245	3. "Suitable for residential treatment" or "suitability"
246	means a determination concerning a child or adolescent with an
247	emotional disturbance as defined in s. 394.492(5) or a serious
248	emotional disturbance as defined in s. 394.492(6) that each of
249	the following criteria is met:
250	a. The child requires residential treatment.
251	b. The child is in need of a residential treatment program
252	and is expected to benefit from mental health treatment.
253	c. An appropriate, less restrictive alternative to
254	residential treatment is unavailable.
255	(b) Whenever the department believes that a child in its
256	legal custody is emotionally disturbed and may need residential
257	treatment, an examination and suitability assessment must be
258	conducted by a qualified evaluator who is appointed by the
259	Agency for Health Care Administration. This suitability
260	assessment must be completed before the placement of the child
261	in a residential treatment center for emotionally disturbed
262	children and adolescents or a hospital. The qualified evaluator
263	must be a psychiatrist or a psychologist licensed in Florida who
264	has at least 3 years of experience in the diagnosis and
265	treatment of serious emotional disturbances in children and
266	adolescents and who has no actual or perceived conflict of
267	interest with any inpatient facility or residential treatment
268	center or program.
269	(c) Before a child is admitted under this subsection, the
270	child shall be assessed for suitability for residential
271	treatment by a qualified evaluator who has conducted a personal
272	examination and assessment of the child and has made written
273	findings that:
274	1. The child appears to have an emotional disturbance
275	serious enough to require residential treatment and is
276	reasonably likely to benefit from the treatment.
277	2. The child has been provided with a clinically
278	appropriate explanation of the nature and purpose of the
279	treatment.
280	3. All available modalities of treatment less restrictive
281	than residential treatment have been considered, and a less
282	restrictive alternative that would offer comparable benefits to
283	the child is unavailable.
284
285	A copy of the written findings of the evaluation and suitability
286	assessment must be provided to the department and to the
287	guardian ad litem, who shall have the opportunity to discuss the
288	findings with the evaluator.
289	(d) Immediately upon placing a child in a residential
290	treatment program under this section, the department must notify
291	the guardian ad litem and the court having jurisdiction over the
292	child and must provide the guardian ad litem and the court with
293	a copy of the assessment by the qualified evaluator.
294	(e) Within 10 days after the admission of a child to a
295	residential treatment program, the director of the residential
296	treatment program or the director's designee must ensure that an
297	individualized plan of treatment has been prepared by the
298	program and has been explained to the child, to the department,
299	and to the guardian ad litem, and submitted to the department.
300	The child must be involved in the preparation of the plan to the
301	maximum feasible extent consistent with his or her ability to
302	understand and participate, and the guardian ad litem and the
303	child's foster parents must be involved to the maximum extent
304	consistent with the child's treatment needs. The plan must
305	include a preliminary plan for residential treatment and
306	aftercare upon completion of residential treatment. The plan
307	must include specific behavioral and emotional goals against
308	which the success of the residential treatment may be measured.
309	A copy of the plan must be provided to the child, to the
310	guardian ad litem, and to the department.
311	(f) Within 30 days after admission, the residential
312	treatment program must review the appropriateness and
313	suitability of the child's placement in the program. The
314	residential treatment program must determine whether the child
315	is receiving benefit toward the treatment goals and whether the
316	child could be treated in a less restrictive treatment program.
317	The residential treatment program shall prepare a written report
318	of its findings and submit the report to the guardian ad litem
319	and to the department. The department must submit the report to
320	the court. The report must include a discharge plan for the
321	child. The residential treatment program must continue to
322	evaluate the child's treatment progress every 30 days thereafter
323	and must include its findings in a written report submitted to
324	the department. The department may not reimburse a facility
325	until the facility has submitted every written report that is
326	due.
327	(g)1. The department must submit, at the beginning of each
328	month, to the court having jurisdiction over the child, a
329	written report regarding the child's progress toward achieving
330	the goals specified in the individualized plan of treatment.
331	2. The court must conduct a hearing to review the status
332	of the child's residential treatment plan no later than 3 months
333	after the child's admission to the residential treatment
334	program. An independent review of the child's progress toward
335	achieving the goals and objectives of the treatment plan must be
336	completed by a qualified evaluator and submitted to the court
337	before its 3-month review.
338	3. For any child in residential treatment at the time a
339	judicial review is held pursuant to s. 39.701, the child's
340	continued placement in residential treatment must be a subject
341	of the judicial review.
342	4. If at any time the court determines that the child is
343	not suitable for continued residential treatment, the court
344	shall order the department to place the child in the least
345	restrictive setting that is best suited to meet his or her
346	needs.
347	(h) After the initial 3-month review, the court must
348	conduct a review of the child's residential treatment plan every
349	90 days.
350	(i) The department must adopt rules for implementing
351	timeframes for the completion of suitability assessments by
352	qualified evaluators and a procedure that includes timeframes
353	for completing the 3-month independent review by the qualified
354	evaluators of the child's progress toward achieving the goals
355	and objectives of the treatment plan which review must be
356	submitted to the court. The Agency for Health Care
357	Administration must adopt rules for the registration of
358	qualified evaluators, the procedure for selecting the evaluators
359	to conduct the reviews required under this section, and a
360	reasonable, cost-efficient fee schedule for qualified
361	evaluators.
362	(6) When a child is in an out-of-home placement, a
363	licensed health care professional shall be immediately called if
364	there are indications of physical injury or illness, or the
365	child shall be taken to the nearest available hospital for
366	emergency care.
367	(7) Except as otherwise provided herein, nothing in this
368	section shall be deemed to eliminate the right of a parent,
369	legal custodian, or the child to consent to examination or
370	treatment for the child.
371	(8) Except as otherwise provided herein, nothing in this
372	section shall be deemed to alter the provisions of s. 743.064.
373	(9) A court shall not be precluded from ordering services
374	or treatment to be provided to the child by a duly accredited
375	practitioner who relies solely on spiritual means for healing in
376	accordance with the tenets and practices of a church or
377	religious organization, when required by the child's health and
378	when requested by the child.
379	(10) Nothing in this section shall be construed to
380	authorize the permanent sterilization of the child unless such
381	sterilization is the result of or incidental to medically
382	necessary treatment to protect or preserve the life of the
383	child.
384	(11) For the purpose of obtaining an evaluation or
385	examination, or receiving treatment as authorized pursuant to
386	this section, no child alleged to be or found to be dependent
387	shall be placed in a detention home or other program used
388	primarily for the care and custody of children alleged or found
389	to have committed delinquent acts.
390	(12) The parents or legal custodian of a child in an out-
391	of-home placement remain financially responsible for the cost of
392	medical treatment provided to the child even if either one or
393	both of the parents or if the legal custodian did not consent to
394	the medical treatment. After a hearing, the court may order the
395	parents or legal custodian, if found able to do so, to reimburse
396	the department or other provider of medical services for
397	treatment provided.
398	(13) Nothing in this section alters the authority of the
399	department to consent to medical treatment for a dependent child
400	when the child has been committed to the department and the
401	department has become the legal custodian of the child.
402	(14) At any time after the filing of a shelter petition or
403	petition for dependency, when the mental or physical condition,
404	including the blood group, of a parent, caregiver, legal
405	custodian, or other person requesting custody of a child is in
406	controversy, the court may order the person to submit to a
407	physical or mental examination by a qualified professional. The
408	order may be made only upon good cause shown and pursuant to
409	notice and procedures as set forth by the Florida Rules of
410	Juvenile Procedure.
411	(15) At any time after a shelter petition or petition for
412	dependency is filed, if the mental or physical condition of a
413	child or the child's parent, caregiver, legal custodian, or
414	other person requesting custody of the child is in controversy,
415	the court, if it has not already done so, may order the person
416	to submit to a substance abuse assessment and evaluation. The
417	assessment or evaluation must be administered by a qualified
418	professional, as defined in s. 397.311. The order may be made
419	only upon good cause shown and pursuant to the notice and
420	procedures set forth in the Florida Rules of Juvenile Procedure.
421	Section 4. Subsection (9) is added to section 39.507,
422	Florida Statutes, to read:
423	39.507 Adjudicatory hearings; orders of adjudication.--
424	(9) If the mental or physical condition of a child or the
425	child's parent, caregiver, legal custodian, or other person
426	requesting custody of the child is in controversy, the court, if
427	it has not already done so, may require the person to submit to
428	a substance abuse assessment or evaluation. The assessment or
429	evaluation must be administered by a qualified professional, as
430	defined in s. 397.311. The court may also require such person to
431	participate in and comply with treatment and services identified
432	as necessary, including, when appropriate and available,
433	participation and compliance with a treatment-based drug court
434	program. The court, including the treatment-based drug court
435	program, shall oversee the progress and compliance with
436	treatment by the child or the child's parent, legal custodian,
437	caregiver, or other person requesting custody of the child, and
438	shall impose appropriate available sanctions for noncompliance
439	upon the child's parent, legal custodian, caregiver, or other
440	person requesting custody of the child. Any order entered under
441	this subsection may be made only upon good cause shown and
442	pursuant to the notice and procedures set forth in the Florida
443	Rules of Juvenile Procedure.
444	Section 5. Paragraph (b) of subsection (1) of section
445	39.521, Florida Statutes, is amended to read:
446	39.521 Disposition hearings; powers of disposition.--
447	(1) A disposition hearing shall be conducted by the court,
448	if the court finds that the facts alleged in the petition for
449	dependency were proven in the adjudicatory hearing, or if the
450	parents or legal custodians have consented to the finding of
451	dependency or admitted the allegations in the petition, have
452	failed to appear for the arraignment hearing after proper
453	notice, or have not been located despite a diligent search
454	having been conducted.
455	(b) When any child is adjudicated by a court to be
456	dependent, the court having jurisdiction of the child has the
457	power by order to:
458	1. Require, if the court has not already done so, a child
459	or the child's parent, caregiver, legal custodian, or other
460	person requesting custody of the child to submit to a substance
461	abuse assessment or evaluation when such person's mental or
462	physical condition is in controversy. The assessment or
463	evaluation must be administered by a qualified professional, as
464	defined in s. 397.311. The court may also require such person to
465	participate in treatment and services identified as necessary,
466	including participation and compliance with a treatment-based
467	drug court program, when appropriate and if available. The
468	court, including the treatment-based drug court program, shall
469	oversee the progress and compliance with treatment by the child
470	or the child's parent, legal custodian, caregiver, or other
471	person requesting custody of the child, and shall impose
472	appropriate available sanctions for noncompliance upon the
473	child's parent, legal custodian, caregiver, or other person
474	requesting custody of the child. Any order entered under this
475	paragraph may be made only upon good cause shown and pursuant to
476	the notice and procedures set forth in the Florida Rules of
477	Juvenile Procedurethe parent and, when appropriate, the legal
478	custodian and the child, to participate in treatment and
479	services identified as necessary.
480	2. Require, if the court deems necessary, the parties to
481	participate in dependency mediation.
482	3. Require placement of the child either under the
483	protective supervision of an authorized agent of the department
484	in the home of one or both of the child's parents or in the home
485	of a relative of the child or another adult approved by the
486	court, or in the custody of the department. Protective
487	supervision continues until the court terminates it or until the
488	child reaches the age of 18, whichever date is first. Protective
489	supervision shall be terminated by the court whenever the court
490	determines that permanency has been achieved for the child,
491	whether with a parent, another relative, or a legal custodian,
492	and that protective supervision is no longer needed. The
493	termination of supervision may be with or without retaining
494	jurisdiction, at the court's discretion, and shall in either
495	case be considered a permanency option for the child. The order
496	terminating supervision by the department shall set forth the
497	powers of the custodian of the child and shall include the
498	powers ordinarily granted to a guardian of the person of a minor
499	unless otherwise specified. Upon the court's termination of
500	supervision by the department, no further judicial reviews are
501	required, so long as permanency has been established for the
502	child.
503	Section 6. Paragraph (d) of subsection (8) of section
504	39.701, Florida Statutes, is amended to read:
505	39.701 Judicial review.--
506	(8)
507	(d) The court may extend the time limitation of the case
508	plan, or may modify the terms of the plan, which, in addition to
509	other modifications, may include a requirement that the parent,
510	foster parent, or legal custodian participate in a treatment-
511	based drug court program,based upon information provided by the
512	social service agency, and the guardian ad litem, if one has
513	been appointed, the parent or parents, and the foster parents or
514	legal custodian, and any other competent information on record
515	demonstrating the need for the amendment. If the court extends
516	the time limitation of the case plan, the court must make
517	specific findings concerning the frequency of past parent-child
518	visitation, if any, and the court may authorize the expansion or
519	restriction of future visitation. Modifications to the plan must
520	be handled as prescribed in s. 39.601. Any extension of a case
521	plan must comply with the time requirements and other
522	requirements specified by this chapter.
523	Section 7. Section 397.334, Florida Statutes, is amended
524	to read:
525	397.334 Treatment-based drug court programs.--
526	(1) It is the intent of the Legislature to implement
527	treatment-based drug court programs in each judicial circuit in
528	an effort to reduce crime and recidivism, abuse and neglect
529	cases, and family dysfunction by breaking the cycle of
530	addiction,which is the most predominant cause of cases entering
531	the justice system. The Legislature recognizes that the
532	integration of judicial supervision, treatment, accountability,
533	and sanctions, and community supportgreatly increases the
534	effectiveness of substance abuse treatment. The Legislature
535	also seeks to ensure that there is a coordinated, integrated,
536	and multidisciplinary response to the substance abuse problem in
537	this state, with special attention given to the creation of
538	creating partnerships amongbetween the public, community,and
539	private sectors and to the coordinated, supported, and
540	integrated delivery of multiple-system services for substance
541	abusers, including a multiagencyteam approach to service
542	delivery and aftercare services.
543	(2) Each judicial circuit shall establish a model of a
544	treatment-based drug court program under which persons in the
545	justice system assessed with a substance abuse problem will be
546	processed in such a manner as to appropriately address the
547	severity of the identified substance abuse problem through
548	treatment servicesplanstailored to the individual needs of the
549	participant. These treatment-based drug court program models may
550	be established in the misdemeanor, felony, family, delinquency,
551	and dependency divisions of the judicial circuits. It is the
552	intent of the Legislature to encourage the Department of
553	Corrections, the Department of Children and Family Services, the
554	Department of Juvenile Justice, the Department of Health, the
555	Department of Law Enforcement, the Department of Education, and
556	other such otheragencies, local governments, law enforcement
557	agencies, and other interested public or private sources, and
558	individualsto support the creation and establishment of these
559	problem-solving court programs. Participation in the treatment-
560	based drug court programs does not divest any public or private
561	agency of its responsibility for a child or adult, but enables
562	allowsthese agencies to better meet their needs through shared
563	responsibility and resources.
564	(3) The treatment-based drug court programs shall include
565	therapeutic jurisprudence and restorative justiceprinciples and
566	adhere to the following 10 key components, recognized by the
567	Drug Courts Program Office of the Office of Justice Programs of
568	the United States Department of Justice and adopted by the
569	Florida Supreme Court Treatment-Based Drug Court Steering
570	Committee:
571	(a) Drug court programs integrate alcohol and other drug
572	treatment services with justice system case processing.
573	(b) Using a nonadversarial approach, prosecution and
574	defense counsel promote public safety while protecting
575	participants' due process rights.
576	(c) Eligible participants are identified early and
577	promptly placed in the drug court program.
578	(d) Drug court programs provide access to a continuum of
579	alcohol, drug, and other related treatment and rehabilitation
580	services.
581	(e) Abstinence is monitored by frequent testing for
582	alcohol and other drugs.
583	(f) A coordinated strategy governs drug court program
584	responses to participants' compliance.
585	(g) Ongoing judicial interaction with each drug court
586	program participant is essential.
587	(h) Monitoring and evaluation measure the achievement of
588	program goals and gauge program effectiveness.
589	(i) Continuing interdisciplinary education promotes
590	effective drug court program planning, implementation, and
591	operations.
592	(j) Forging partnerships among drug court programs, public
593	agencies, and community-based organizations generates local
594	support and enhances drug court program effectiveness.
595	(4) Treatment-based drug court programs may include
596	pretrial intervention programs as provided in ss. 948.08,
597	948.16, and 985.306, post adjudicatory programs, and the
598	monitoring of sentenced offenders through a treatment-based drug
599	court program. Supervision may also be provided for offenders
600	who transfer from jail or a prison-based treatment program into
601	the community.
602	(5) Contingent upon an annual appropriation by the
603	Legislature, each judicial circuit shall establish, at a
604	minimum, one coordinator position for the treatment-based drug
605	court program within the state courts system to coordinate the
606	responsibilities of the participating agencies and service
607	providers. Each coordinator shall provide direct support to the
608	treatment-based drug court program by providing coordination
609	between the multidisciplinary team and the judiciary, providing
610	case management, monitoring compliance of the participants in
611	the treatment-based drug court program with court requirements,
612	and providing program evaluation and accountability.
613	(6)(5)(a) The Florida Association of Drug Court Program
614	Professionals is created. The membership of the association may
615	consist of treatment-baseddrug court program practitioners who
616	comprise the multidisciplinary treatment-baseddrug court
617	program team, including, but not limited to, judges, state
618	attorneys, defense counsel, drug courtprogram coordinators,
619	probation officers, law enforcement officers, community
620	representatives,members of the academic community, and
621	treatment professionals. Membership in the association shall be
622	voluntary.
623	(b) The association shall annually elect a chair whose
624	duty is to solicit recommendations from members on issues
625	relating to the expansion, operation, and institutionalization
626	of treatment-baseddrug court programs. The chair is
627	responsible for providing the association's recommendations
628	together with a report each year, on or before October 1, to the
629	appropriate Supreme Court committee or personnel of the Office
630	of the State Courts AdministratorSupreme Court Treatment-Based
631	Drug Court Steering Committee, and shall submit a report each
632	year, on or before October 1, to the steering committee.
633	(7) The chief judge of each judicial circuit may appoint
634	an advisory committee for the treatment-based drug court
635	program. The committee shall be composed of the chief judge, or
636	his or her designee, who shall serve as chair; the judge of the
637	treatment-based drug court program, if not otherwise designated
638	by the chief judge as his or her designee; the state attorney,
639	or his or her designee; the public defender, or his or her
640	designee; the treatment-based drug court program coordinators;
641	community representatives; and any other persons the chair finds
642	are appropriate.
643	Section 8. Subsection (5) of section 910.035, Florida
644	Statutes, is amended to read:
645	910.035 Transfer from county for plea and sentence.--
646	(5) Any person eligible for participation in a drug court
647	treatment program pursuant to s. 948.08(6) may be eligible to
648	have the case transferred to a county other than that in which
649	the charge arose if the drug court program agrees and if the
650	following conditions are met:
651	(a) The authorized representative of the drug court
652	program of the county requesting to transfer the case shall
653	consult with the authorized representative of the drug court
654	program in the county to which transfer is desired.
655	(b) If approval for transfer is received from all parties,
656	the trial court shall accept a plea of nolo contendere andenter
657	a transfer order directing the clerk to transfer the case to the
658	county which has accepted the defendant into its drug court
659	program.
660	(c) The transfer order shall include a copy of the
661	probable cause affidavit; any charging documents in the case;
662	all reports, witness statements, test results, evidence lists,
663	and other documents in the case; the defendant's mailing address
664	and phone number; and the defendant's written consent to abide
665	by the rules and procedures of the receiving county's drug court
666	program.
667	(d) After the transfer takes place, the clerk shall set
668	the matter for a hearing before the drug court program judge and
669	the court shall ensure the defendant's entry into the drug court
670	program.
671	(e) Upon successful completion of the drug court program,
672	the jurisdiction to which the case has been transferred shall
673	dispose of the case pursuant to s. 948.08(6). If the defendant
674	does not complete the drug court program successfully, the
675	jurisdiction to which the case has been transferred shall
676	dispose of the case within the guidelines of the Criminal
677	Punishment Codecase shall be prosecuted as determined by the
678	state attorneys of the sending and receiving counties.
679	Section 9. Subsections (6), (7), and (8) of section
680	948.08, Florida Statutes, are amended to read:
681	948.08 Pretrial intervention program.--
682	(6)(a) Notwithstanding any provision of this section, a
683	person who is charged with a felony of the second or third
684	degree for purchase or possession of a controlled substance
685	under chapter 893, prostitution, tampering with evidence,
686	solicitation for purchase of a controlled substance, or
687	obtaining a prescription by fraud; who has not been charged with
688	a crime involving violence, including, but not limited to,
689	murder, sexual battery, robbery, carjacking, home-invasion
690	robbery, or any other crime involving violence; and who has not
691	previously been convicted of a felony nor been admitted to a
692	felony pretrial program referred to in this sectionis eligible
693	for admission into a pretrial substance abuse education and
694	treatment intervention program approved by the chief judge of
695	the circuit, for a period of not less than 1 year in duration,
696	upon motion of either party or the court's own motion, except:
697	1. If a defendant was previously offered admission to a
698	pretrial substance abuse education and treatment intervention
699	program at any time prior to trial and the defendant rejected
700	that offer on the record, then the court or the state attorney
701	may deny the defendant's admission to such a program.
702	1.2.If the state attorney believes that the facts and
703	circumstances of the case suggest the defendant's involvement in
704	the dealing and selling of controlled substances, the court
705	shall hold a preadmission hearing. If the state attorney
706	establishes, by a preponderance of the evidence at such hearing,
707	that the defendant was involved in the dealing or selling of
708	controlled substances, the court shall deny the defendant's
709	admission into a pretrial intervention program.
710	2. A defendant assessed with a substance abuse problem who
711	is charged for the first time with a nonviolent third degree
712	felony and a defendant assessed with a substance abuse problem
713	who has previously been convicted of a nonviolent third degree
714	felony who is charged with a second or subsequent nonviolent
715	third degree felony may, with the approval of the state
716	attorney, be referred to the program outlined in this
717	subsection. Upon successful completion of the program, the
718	defendant is entitled to dismissal of the pending charge
719	involving a nonviolent third degree felony.
720	(b) At the end of the pretrial intervention period, the
721	court shall consider the recommendation of the administrator
722	pursuant to subsection (5) and the recommendation of the state
723	attorney as to disposition of the pending charges. The court
724	shall determine, by written finding, whether the defendant has
725	successfully completed the pretrial intervention program.
726	(c)1. If the court finds that the defendant has not
727	successfully completed the pretrial intervention program, the
728	court may order the person to continue in education and
729	treatment or order that the charges revert to normal channels
730	for prosecution.
731	2. The court shall dismiss the charges upon a finding that
732	the defendant has successfully completed the pretrial
733	intervention program.
734	(d) Any entity, whether public or private, providing a
735	pretrial substance abuse education and treatment intervention
736	program under this subsection must contract with the county or
737	appropriate governmental entity, and the terms of the contract
738	must include, but need not be limited to, the requirements
739	established for private entities under s. 948.15(3).
740	(7) The chief judge in each circuit may appoint an
741	advisory committee for the pretrial intervention program
742	composed of the chief judge or his or her designee, who shall
743	serve as chair; the state attorney, the public defender, and the
744	program administrator, or their designees; and such other
745	persons as the chair deems appropriate. The advisory committee
746	may not designate any defendant eligible for a pretrial
747	intervention program for any offense that is not listed under
748	paragraph (6)(a) without the state attorney's recommendation and
749	approval. The committee may also include persons representing
750	any other agencies to which persons released to the pretrial
751	intervention program may be referred.
752	(7)(8)The department may contract for the services and
753	facilities necessary to operate pretrial intervention programs.
754	Section 10. Section 985.306, Florida Statutes, is amended
755	to read:
756	985.306 Delinquency pretrial intervention program.--
757	(1)(a)Notwithstanding any provision of law to the
758	contrary, a child who is charged under chapter 893 with a
759	misdemeanor; afelony of the second or third degree for purchase
760	or possession of a controlled substance under chapter 893;
761	tampering with evidence; solicitation for purchase of a
762	controlled substance; or obtaining a prescription by fraud, and
763	who has not previously been adjudicated for a felony nor been
764	admitted to a delinquency pretrial intervention program under
765	this section, is eligible for admission into a delinquency
766	pretrial substance abuse education and treatment intervention
767	program approved by the chief judge or alternative sanctions
768	coordinator of the circuit to the extent that funded programs
769	are available, for a period based on the program requirements
770	and the treatment services that are suitable for the offenderof
771	not less than 1 year in duration, upon motion of either party or
772	the court's own motion, except:.
773	(a)If the state attorney believes that the facts and
774	circumstances of the case suggest the child's involvement in the
775	dealing and selling of controlled substances, the court shall
776	hold a preadmission hearing. If the state attorney establishes
777	by a preponderance of the evidence at such hearing that the
778	child was involved in the dealing and selling of controlled
779	substances, the court shall deny the child's admission into a
780	delinquency pretrial intervention program.
781	(b) A child assessed with a substance abuse problem who is
782	charged for the first time with a nonviolent third degree felony
783	and a child assessed with a substance abuse problem who has
784	previously been adjudicated guilty of or delinquent for a
785	nonviolent third degree felony who is charged with a second or
786	subsequent nonviolent third degree felony may, with the approval
787	of the state attorney, be referred to the program outlined in
788	this subsection. Upon successful completion of the program, the
789	child is entitled to dismissal of the pending charge as provided
790	in paragraph (3)(b).
791	(2)(b)At the end of the delinquency pretrial intervention
792	period, the court shall consider the recommendation of the state
793	attorney and the program administrator as to disposition of the
794	pending charges. The court shall determine, by written finding,
795	whether the child has successfully completed the delinquency
796	pretrial intervention program.
797	(3)(a)(c)1.If the court finds that the child has not
798	successfully completed the delinquency pretrial intervention
799	program, the court may order the child to continue in an
800	education, treatment, or urine monitoring program if resources
801	and funding are available or order that the charges revert to
802	normal channels for prosecution.
803	(b)2.The court may dismiss the charges upon a finding
804	that the child has successfully completed the delinquency
805	pretrial intervention program.
806	(4)(d)Any entity, whether public or private, providing
807	pretrial substance abuse education, treatment intervention, and
808	a urine monitoring program under this section must contract with
809	the county or appropriate governmental entity, and the terms of
810	the contract must include, but need not be limited to, the
811	requirements established for private entities under s.
812	948.15(3). It is the intent of the Legislature that public or
813	private entities providing substance abuse education and
814	treatment intervention programs involve the active participation
815	of parents, schools, churches, businesses, law enforcement
816	agencies, and the department or its contract providers.
817	(2) The chief judge in each circuit may appoint an
818	advisory committee for the delinquency pretrial intervention
819	program composed of the chief judge or designee, who shall serve
820	as chair; the state attorney, the public defender, and the
821	program administrator, or their designees; and such other
822	persons as the chair deems appropriate. The committee may also
823	include persons representing any other agencies to which
824	children released to the delinquency pretrial intervention
825	program may be referred.
826	Section 11. If any law amended by this act was also
827	amended by a law enacted at the 2003 Regular Session of the
828	Legislature, such laws shall be construed as if they had been
829	enacted at the same session of the Legislature, and full effect
830	shall be given to each if possible.
831	Section 12. This act shall take effect July 1, 2003.