HB 0281 2004
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	postadjudicatory 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 an effective date.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1. Subsection (4) of section 39.001, Florida
56	Statutes, is amended to read:
57	39.001 Purposes and intent; personnel standards and
58	screening.--
59	(4) SUBSTANCE ABUSE SERVICES.--
60	(a) The Legislature recognizes that substance abuse is a
61	primary cause of the dramatic rise in cases of child abuse and
62	neglect, immeasurably increases the complexity of cases in the
63	dependency system, severely compromises or destroys the ability
64	of parents to provide a safe and nurturing home for children,
65	and severely confounds the dependency system's ability to
66	protect children. The Legislature also recognizes that early
67	referral and comprehensive treatment can help combat substance
68	abuse in families and that treatment is cost effective. The
69	Legislature further recognizes that treatment-based drug court
70	program models that integrate judicial supervision, treatment,
71	accountability, sanctions, and community support greatly
72	increase the effectiveness of substance abuse treatment and
73	reduce the number of cases of child abuse and neglect.
74	(b) The substance abuse treatment and family safety
75	programs of the Department of Children and Family Services have
76	identified the following goals for the state:
77	1. To ensure the safety of children.
78	2. To prevent and remediate the consequences of substance
79	abuse on families involved in protective supervision or foster
80	care and reduce substance abuse, including alcohol abuse, for
81	families who are at risk of being involved in protective
82	supervision or foster care.
83	3. To expedite permanency for children and reunify
84	healthy, intact families, when appropriate.
85	4. To support families in recovery.
86	(c)The Legislature finds that children in the care of the
87	state's dependency system need appropriate health care services,
88	that the impact of substance abuse on health indicates the need
89	for health care services to include substance abuse services to
90	children and parents where appropriate, and that it is in the
91	state's best interest that such children be provided the
92	services they need to enable them to become and remain
93	independent of state care. In order to provide these services,
94	the state's dependency system must have the ability to identify
95	and provide appropriate intervention and treatment for children
96	with personal or family-related substance abuse problems.
97	(d) It is the intent of the Legislature to encourage the
98	court to support the drug court program model by assessing
99	parents and children to identify and address substance abuse
100	problems as the court deems appropriate at every stage of the
101	dependency process. Participation in treatment, including a
102	treatment-based drug court program, may be required by the court
103	following adjudication. This subsection does not prevent a
104	child’s parents and, when appropriate, the legal custodian from
105	voluntarily entering treatment, including a treatment-based drug
106	court program, at the earliest stage of the process. Nothing in
107	this section precludes a court from ordering drug testing where
108	substance abuse is suspected to determine the safety of the
109	placement of a child with a caretaker.
110	(e)It is therefore the purpose of the Legislature to
111	provide authority for the state to contract with community
112	substance abuse treatment providers for the development and
113	operation of specialized support and overlay services for the
114	dependency system, which will be fully implemented and used
115	utilizedas resources permit.
116	(f) It is the intent of the Legislature to encourage the
117	Department of Children and Family Services, in conjunction with
118	community agencies; treatment-based facilities; facilities
119	dedicated to child welfare, child development, and mental health
120	services; the Department of Health; other similar agencies;
121	local governments; law enforcement agencies; and other
122	interested public or private sources to support the drug court
123	program model. Participation in the treatment-based drug court
124	program does not divest any public or private agency of its
125	responsibility for a child or adult, but enables these agencies
126	to better meet their needs through shared responsibility and
127	resources.
128	Section 2. Subsections (11) through (16) of section
129	39.402, Florida Statutes, are renumbered as subsections (12)
130	through (17), respectively, and a new subsection (11) is added
131	to said section to read:
132	39.402 Placement in a shelter.--
133	(11) At the shelter hearing, if the mental or physical
134	condition of a child or the child's parent, caregiver, legal
135	custodian, or other person requesting custody of the child is in
136	controversy, the court may order the person to submit to a
137	substance abuse assessment or evaluation. The assessment or
138	evaluation must be administered by a qualified professional, as
139	defined in s. 397.311. The order may be made only upon good
140	cause shown and pursuant to the notice and procedures set forth
141	in the Florida Rules of Juvenile Procedure.
142	Section 3. Section 39.407, Florida Statutes, is amended to
143	read:
144	39.407 Medical, psychiatric, and psychological examination
145	and treatment of child; physical, or mental, or substance abuse
146	examination of parent or person requesting custody of child.--
147	(1) When any child is removed from the home and maintained
148	in an out-of-home placement, the department is authorized to
149	have a medical screening performed on the child without
150	authorization from the court and without consent from a parent
151	or legal custodian. Such medical screening shall be performed by
152	a licensed health care professional and shall be to examine the
153	child for injury, illness, and communicable diseases and to
154	determine the need for immunization. The department shall by
155	rule establish the invasiveness of the medical procedures
156	authorized to be performed under this subsection. In no case
157	does this subsection authorize the department to consent to
158	medical treatment for such children.
159	(2) When the department has performed the medical
160	screening authorized by subsection (1), or when it is otherwise
161	determined by a licensed health care professional that a child
162	who is in an out-of-home placement, but who has not been
163	committed to the department, is in need of medical treatment,
164	including the need for immunization, consent for medical
165	treatment shall be obtained in the following manner:
166	(a)1. Consent to medical treatment shall be obtained from
167	a parent or legal custodian of the child; or
168	2. A court order for such treatment shall be obtained.
169	(b) If a parent or legal custodian of the child is
170	unavailable and his or her whereabouts cannot be reasonably
171	ascertained, and it is after normal working hours so that a
172	court order cannot reasonably be obtained, an authorized agent
173	of the department shall have the authority to consent to
174	necessary medical treatment, including immunization, for the
175	child. The authority of the department to consent to medical
176	treatment in this circumstance shall be limited to the time
177	reasonably necessary to obtain court authorization.
178	(c) If a parent or legal custodian of the child is
179	available but refuses to consent to the necessary treatment,
180	including immunization, a court order shall be required unless
181	the situation meets the definition of an emergency in s. 743.064
182	or the treatment needed is related to suspected abuse,
183	abandonment, or neglect of the child by a parent, caregiver, or
184	legal custodian. In such case, the department shall have the
185	authority to consent to necessary medical treatment. This
186	authority is limited to the time reasonably necessary to obtain
187	court authorization.
188
189	In no case shall the department consent to sterilization,
190	abortion, or termination of life support.
191	(3)(a) A judge may order a child in an out-of-home
192	placement to be examined by a licensed health care professional.
193	(b) The judge may also order such child to be evaluated by
194	a psychiatrist or a psychologist or, if a developmental
195	disability is suspected or alleged, by the developmental
196	disability diagnostic and evaluation team of the department. If
197	it is necessary to place a child in a residential facility for
198	such evaluation, the criteria and procedure established in s.
199	394.463(2) or chapter 393 shall be used, whichever is
200	applicable.
201	(c) The judge may also order such child to be evaluated by
202	a district school board educational needs assessment team. The
203	educational needs assessment provided by the district school
204	board educational needs assessment team shall include, but not
205	be limited to, reports of intelligence and achievement tests,
206	screening for learning disabilities and other handicaps, and
207	screening for the need for alternative education as defined in
208	s. 1001.42.
209	(4) A judge may order a child in an out-of-home placement
210	to be treated by a licensed health care professional based on
211	evidence that the child should receive treatment. The judge may
212	also order such child to receive mental health or developmental
213	disabilities services from a psychiatrist, psychologist, or
214	other appropriate service provider. Except as provided in
215	subsection (5), if it is necessary to place the child in a
216	residential facility for such services, the procedures and
217	criteria established in s. 394.467 or chapter 393 shall be used,
218	whichever is applicable. A child may be provided developmental
219	disabilities or mental health services in emergency situations,
220	pursuant to the procedures and criteria contained in s.
221	394.463(1) or chapter 393, whichever is applicable.
222	(5) Children who are in the legal custody of the
223	department may be placed by the department, without prior
224	approval of the court, in a residential treatment center
225	licensed under s. 394.875 or a hospital licensed under chapter
226	395 for residential mental health treatment only pursuant to
227	this section or may be placed by the court in accordance with an
228	order of involuntary examination or involuntary placement
229	entered pursuant to s. 394.463 or s. 394.467. All children
230	placed in a residential treatment program under this subsection
231	must have a guardian ad litem appointed.
232	(a) As used in this subsection, the term:
233	1. "Residential treatment" means placement for
234	observation, diagnosis, or treatment of an emotional disturbance
235	in a residential treatment center licensed under s. 394.875 or a
236	hospital licensed under chapter 395.
237	2. "Least restrictive alternative" means the treatment and
238	conditions of treatment that, separately and in combination, are
239	no more intrusive or restrictive of freedom than reasonably
240	necessary to achieve a substantial therapeutic benefit or to
241	protect the child or adolescent or others from physical injury.
242	3. "Suitable for residential treatment" or "suitability"
243	means a determination concerning a child or adolescent with an
244	emotional disturbance as defined in s. 394.492(5) or a serious
245	emotional disturbance as defined in s. 394.492(6) that each of
246	the following criteria is met:
247	a. The child requires residential treatment.
248	b. The child is in need of a residential treatment program
249	and is expected to benefit from mental health treatment.
250	c. An appropriate, less restrictive alternative to
251	residential treatment is unavailable.
252	(b) Whenever the department believes that a child in its
253	legal custody is emotionally disturbed and may need residential
254	treatment, an examination and suitability assessment must be
255	conducted by a qualified evaluator who is appointed by the
256	Agency for Health Care Administration. This suitability
257	assessment must be completed before the placement of the child
258	in a residential treatment center for emotionally disturbed
259	children and adolescents or a hospital. The qualified evaluator
260	must be a psychiatrist or a psychologist licensed in Florida who
261	has at least 3 years of experience in the diagnosis and
262	treatment of serious emotional disturbances in children and
263	adolescents and who has no actual or perceived conflict of
264	interest with any inpatient facility or residential treatment
265	center or program.
266	(c) Before a child is admitted under this subsection, the
267	child shall be assessed for suitability for residential
268	treatment by a qualified evaluator who has conducted a personal
269	examination and assessment of the child and has made written
270	findings that:
271	1. The child appears to have an emotional disturbance
272	serious enough to require residential treatment and is
273	reasonably likely to benefit from the treatment.
274	2. The child has been provided with a clinically
275	appropriate explanation of the nature and purpose of the
276	treatment.
277	3. All available modalities of treatment less restrictive
278	than residential treatment have been considered, and a less
279	restrictive alternative that would offer comparable benefits to
280	the child is unavailable.
281
282	A copy of the written findings of the evaluation and suitability
283	assessment must be provided to the department and to the
284	guardian ad litem, who shall have the opportunity to discuss the
285	findings with the evaluator.
286	(d) Immediately upon placing a child in a residential
287	treatment program under this section, the department must notify
288	the guardian ad litem and the court having jurisdiction over the
289	child and must provide the guardian ad litem and the court with
290	a copy of the assessment by the qualified evaluator.
291	(e) Within 10 days after the admission of a child to a
292	residential treatment program, the director of the residential
293	treatment program or the director's designee must ensure that an
294	individualized plan of treatment has been prepared by the
295	program and has been explained to the child, to the department,
296	and to the guardian ad litem, and submitted to the department.
297	The child must be involved in the preparation of the plan to the
298	maximum feasible extent consistent with his or her ability to
299	understand and participate, and the guardian ad litem and the
300	child's foster parents must be involved to the maximum extent
301	consistent with the child's treatment needs. The plan must
302	include a preliminary plan for residential treatment and
303	aftercare upon completion of residential treatment. The plan
304	must include specific behavioral and emotional goals against
305	which the success of the residential treatment may be measured.
306	A copy of the plan must be provided to the child, to the
307	guardian ad litem, and to the department.
308	(f) Within 30 days after admission, the residential
309	treatment program must review the appropriateness and
310	suitability of the child's placement in the program. The
311	residential treatment program must determine whether the child
312	is receiving benefit toward the treatment goals and whether the
313	child could be treated in a less restrictive treatment program.
314	The residential treatment program shall prepare a written report
315	of its findings and submit the report to the guardian ad litem
316	and to the department. The department must submit the report to
317	the court. The report must include a discharge plan for the
318	child. The residential treatment program must continue to
319	evaluate the child's treatment progress every 30 days thereafter
320	and must include its findings in a written report submitted to
321	the department. The department may not reimburse a facility
322	until the facility has submitted every written report that is
323	due.
324	(g)1. The department must submit, at the beginning of each
325	month, to the court having jurisdiction over the child, a
326	written report regarding the child's progress toward achieving
327	the goals specified in the individualized plan of treatment.
328	2. The court must conduct a hearing to review the status
329	of the child's residential treatment plan no later than 3 months
330	after the child's admission to the residential treatment
331	program. An independent review of the child's progress toward
332	achieving the goals and objectives of the treatment plan must be
333	completed by a qualified evaluator and submitted to the court
334	before its 3-month review.
335	3. For any child in residential treatment at the time a
336	judicial review is held pursuant to s. 39.701, the child's
337	continued placement in residential treatment must be a subject
338	of the judicial review.
339	4. If at any time the court determines that the child is
340	not suitable for continued residential treatment, the court
341	shall order the department to place the child in the least
342	restrictive setting that is best suited to meet his or her
343	needs.
344	(h) After the initial 3-month review, the court must
345	conduct a review of the child's residential treatment plan every
346	90 days.
347	(i) The department must adopt rules for implementing
348	timeframes for the completion of suitability assessments by
349	qualified evaluators and a procedure that includes timeframes
350	for completing the 3-month independent review by the qualified
351	evaluators of the child's progress toward achieving the goals
352	and objectives of the treatment plan which review must be
353	submitted to the court. The Agency for Health Care
354	Administration must adopt rules for the registration of
355	qualified evaluators, the procedure for selecting the evaluators
356	to conduct the reviews required under this section, and a
357	reasonable, cost-efficient fee schedule for qualified
358	evaluators.
359	(6) When a child is in an out-of-home placement, a
360	licensed health care professional shall be immediately called if
361	there are indications of physical injury or illness, or the
362	child shall be taken to the nearest available hospital for
363	emergency care.
364	(7) Except as otherwise provided herein, nothing in this
365	section shall be deemed to eliminate the right of a parent,
366	legal custodian, or the child to consent to examination or
367	treatment for the child.
368	(8) Except as otherwise provided herein, nothing in this
369	section shall be deemed to alter the provisions of s. 743.064.
370	(9) A court shall not be precluded from ordering services
371	or treatment to be provided to the child by a duly accredited
372	practitioner who relies solely on spiritual means for healing in
373	accordance with the tenets and practices of a church or
374	religious organization, when required by the child's health and
375	when requested by the child.
376	(10) Nothing in this section shall be construed to
377	authorize the permanent sterilization of the child unless such
378	sterilization is the result of or incidental to medically
379	necessary treatment to protect or preserve the life of the
380	child.
381	(11) For the purpose of obtaining an evaluation or
382	examination, or receiving treatment as authorized pursuant to
383	this section, no child alleged to be or found to be dependent
384	shall be placed in a detention home or other program used
385	primarily for the care and custody of children alleged or found
386	to have committed delinquent acts.
387	(12) The parents or legal custodian of a child in an out-
388	of-home placement remain financially responsible for the cost of
389	medical treatment provided to the child even if either one or
390	both of the parents or if the legal custodian did not consent to
391	the medical treatment. After a hearing, the court may order the
392	parents or legal custodian, if found able to do so, to reimburse
393	the department or other provider of medical services for
394	treatment provided.
395	(13) Nothing in this section alters the authority of the
396	department to consent to medical treatment for a dependent child
397	when the child has been committed to the department and the
398	department has become the legal custodian of the child.
399	(14) At any time after the filing of a shelter petition or
400	petition for dependency, when the mental or physical condition,
401	including the blood group, of a parent, caregiver, legal
402	custodian, or other person requesting custody of a child is in
403	controversy, the court may order the person to submit to a
404	physical or mental examination by a qualified professional. The
405	order may be made only upon good cause shown and pursuant to
406	notice and procedures as set forth by the Florida Rules of
407	Juvenile Procedure.
408	(15) At any time after a shelter petition or petition for
409	dependency is filed, if the mental or physical condition of a
410	child or the child's parent, caregiver, legal custodian, or
411	other person requesting custody of the child is in controversy,
412	the court, if it has not already done so, may order the person
413	to submit to a substance abuse assessment and evaluation. The
414	assessment or evaluation must be administered by a qualified
415	professional, as defined in s. 397.311. The order may be made
416	only upon good cause shown and pursuant to the notice and
417	procedures set forth in the Florida Rules of Juvenile Procedure.
418	Section 4. Subsection (9) is added to section 39.507,
419	Florida Statutes, to read:
420	39.507 Adjudicatory hearings; orders of adjudication.--
421	(9) If the mental or physical condition of a child or the
422	child's parent, caregiver, legal custodian, or other person
423	requesting custody of the child is in controversy, the court, if
424	it has not already done so, may require the person to submit to
425	a substance abuse assessment or evaluation. The assessment or
426	evaluation must be administered by a qualified professional, as
427	defined in s. 397.311. The court may also require such person to
428	participate in and comply with treatment and services identified
429	as necessary, including, when appropriate and available,
430	participation and compliance with a treatment-based drug court
431	program. The court, including the treatment-based drug court
432	program, shall oversee the progress and compliance with
433	treatment by the child or the child's parent, legal custodian,
434	caregiver, or other person requesting custody of the child, and
435	shall impose appropriate available sanctions for noncompliance
436	upon the child's parent, legal custodian, caregiver, or other
437	person requesting custody of the child. Any order entered under
438	this subsection may be made only upon good cause shown and
439	pursuant to the notice and procedures set forth in the Florida
440	Rules of Juvenile Procedure.
441	Section 5. Paragraph (b) of subsection (1) of section
442	39.521, Florida Statutes, is amended to read:
443	39.521 Disposition hearings; powers of disposition.--
444	(1) A disposition hearing shall be conducted by the court,
445	if the court finds that the facts alleged in the petition for
446	dependency were proven in the adjudicatory hearing, or if the
447	parents or legal custodians have consented to the finding of
448	dependency or admitted the allegations in the petition, have
449	failed to appear for the arraignment hearing after proper
450	notice, or have not been located despite a diligent search
451	having been conducted.
452	(b) When any child is adjudicated by a court to be
453	dependent, the court having jurisdiction of the child has the
454	power by order to:
455	1. Require, if the court has not already done so, a child
456	or the child's parent, caregiver, legal custodian, or other
457	person requesting custody of the child to submit to a substance
458	abuse assessment or evaluation when such person's mental or
459	physical condition is in controversy. The assessment or
460	evaluation must be administered by a qualified professional, as
461	defined in s. 397.311. The court may also require such person to
462	participate in treatment and services identified as necessary,
463	including participation and compliance with a treatment-based
464	drug court program, when appropriate and if available. The
465	court, including the treatment-based drug court program, shall
466	oversee the progress and compliance with treatment by the child
467	or the child's parent, legal custodian, caregiver, or other
468	person requesting custody of the child, and shall impose
469	appropriate available sanctions for noncompliance upon the
470	child's parent, legal custodian, caregiver, or other person
471	requesting custody of the child. Any order entered under this
472	paragraph may be made only upon good cause shown and pursuant to
473	the notice and procedures set forth in the Florida Rules of
474	Juvenile Procedure the parent and, when appropriate, the legal
475	custodian and the child, to participate in treatment and
476	services identified as necessary.
477	2. Require, if the court deems necessary, the parties to
478	participate in dependency mediation.
479	3. Require placement of the child either under the
480	protective supervision of an authorized agent of the department
481	in the home of one or both of the child's parents or in the home
482	of a relative of the child or another adult approved by the
483	court, or in the custody of the department. Protective
484	supervision continues until the court terminates it or until the
485	child reaches the age of 18, whichever date is first. Protective
486	supervision shall be terminated by the court whenever the court
487	determines that permanency has been achieved for the child,
488	whether with a parent, another relative, or a legal custodian,
489	and that protective supervision is no longer needed. The
490	termination of supervision may be with or without retaining
491	jurisdiction, at the court's discretion, and shall in either
492	case be considered a permanency option for the child. The order
493	terminating supervision by the department shall set forth the
494	powers of the custodian of the child and shall include the
495	powers ordinarily granted to a guardian of the person of a minor
496	unless otherwise specified. Upon the court's termination of
497	supervision by the department, no further judicial reviews are
498	required, so long as permanency has been established for the
499	child.
500	Section 6. Paragraph (d) of subsection (8) of section
501	39.701, Florida Statutes, is amended to read:
502	39.701 Judicial review.--
503	(8)
504	(d) The court may extend the time limitation of the case
505	plan, or may modify the terms of the plan, which, in addition to
506	other modifications, may include a requirement that the parent,
507	foster parent, or legal custodian participate in a treatment-
508	based drug court program,based upon information provided by the
509	social service agency, and the guardian ad litem, if one has
510	been appointed, the parent or parents, and the foster parents or
511	legal custodian, and any other competent information on record
512	demonstrating the need for the amendment. If the court extends
513	the time limitation of the case plan, the court must make
514	specific findings concerning the frequency of past parent-child
515	visitation, if any, and the court may authorize the expansion or
516	restriction of future visitation. Modifications to the plan must
517	be handled as prescribed in s. 39.601. Any extension of a case
518	plan must comply with the time requirements and other
519	requirements specified by this chapter.
520	Section 7. Section 397.334, Florida Statutes, is amended
521	to read:
522	397.334 Treatment-based drug court programs.--
523	(1) Each county may fund a treatment-based drug court
524	program under which persons in the justice system assessed with
525	a substance abuse problem will be processed in such a manner as
526	to appropriately address the severity of the identified
527	substance abuse problem through treatment services plans
528	tailored to the individual needs of the participant. It is the
529	intent of the Legislature to encourage the Department of
530	Corrections, the Department of Children and Family Services, the
531	Department of Juvenile Justice, the Department of Health, the
532	Department of Law Enforcement, the Department of Education, and
533	other such otheragencies, local governments, law enforcement
534	agencies, and other interested public or private sources, and
535	individualsto support the creation and establishment of these
536	problem-solving court programs. Participation in the treatment-
537	based drug court programs does not divest any public or private
538	agency of its responsibility for a child or adult, but enables
539	allowsthese agencies to better meet their needs through shared
540	responsibility and resources.
541	(2) The treatment-based drug court programs shall include
542	therapeutic jurisprudence and restorative justiceprinciples and
543	adhere to the following 10 key components, recognized by the
544	Drug Courts Program Office of the Office of Justice Programs of
545	the United States Department of Justice and adopted by the
546	Florida Supreme Court Treatment-Based Drug Court Steering
547	Committee:
548	(a) Drug court programs integrate alcohol and other drug
549	treatment services with justice system case processing.
550	(b) Using a nonadversarial approach, prosecution and
551	defense counsel promote public safety while protecting
552	participants' due process rights.
553	(c) Eligible participants are identified early and
554	promptly placed in the drug court program.
555	(d) Drug court programs provide access to a continuum of
556	alcohol, drug, and other related treatment and rehabilitation
557	services.
558	(e) Abstinence is monitored by frequent testing for
559	alcohol and other drugs.
560	(f) A coordinated strategy governs drug court program
561	responses to participants' compliance.
562	(g) Ongoing judicial interaction with each drug court
563	program participant is essential.
564	(h) Monitoring and evaluation measure the achievement of
565	program goals and gauge program effectiveness.
566	(i) Continuing interdisciplinary education promotes
567	effective drug court program planning, implementation, and
568	operations.
569	(j) Forging partnerships among drug court programs, public
570	agencies, and community-based organizations generates local
571	support and enhances drug court program effectiveness.
572	(3) Treatment-based drug court programs may include
573	pretrial intervention programs as provided in ss. 948.08,
574	948.16, and 985.306, post adjudicatory programs, and the
575	monitoring of sentenced offenders through a treatment-based drug
576	court program. Supervision may also be provided for offenders
577	who transfer from jail or a prison-based treatment program into
578	the community.
579	(4) Contingent upon an annual appropriation by the
580	Legislature, each judicial circuit shall establish, at a
581	minimum, one coordinator position for the treatment-based drug
582	court program within the state courts system to coordinate the
583	responsibilities of the participating agencies and service
584	providers. Each coordinator shall provide direct support to the
585	treatment-based drug court program by providing coordination
586	between the multidisciplinary team and the judiciary, providing
587	case management, monitoring compliance of the participants in
588	the treatment-based drug court program with court requirements,
589	and providing program evaluation and accountability.
590	(5)(4)(a) The Florida Association of Drug Court Program
591	Professionals is created. The membership of the association may
592	consist of treatment-baseddrug court program practitioners who
593	comprise the multidisciplinary treatment-baseddrug court
594	program team, including, but not limited to, judges, state
595	attorneys, defense counsel, drug courtprogram coordinators,
596	probation officers, law enforcement officers, community
597	representatives,members of the academic community, and
598	treatment professionals. Membership in the association shall be
599	voluntary.
600	(b) The association shall annually elect a chair whose
601	duty is to solicit recommendations from members on issues
602	relating to the expansion, operation, and institutionalization
603	of treatment-baseddrug court programs. The chair is responsible
604	for providing on or before October 1 of each yearthe
605	association's recommendations and an annual report, to the
606	appropriate Supreme Court Treatment-Based Drug Court Steering
607	committee or to the appropriate personnel of the Office of the
608	State Courts Administrator, and shall submit a report each year,
609	on or before October 1, to the steering committee.
610	(6)(5)If a county chooses to fund a treatment-based drug
611	court program, the county must secure funding from sources other
612	than the state for those costs not otherwise assumed by the
613	state pursuant to s. 29.004. Counties may provide, by interlocal
614	agreement, for the collective funding of these programs.
615	(7) The chief judge of each judicial circuit may appoint
616	an advisory committee for the treatment-based drug court
617	program. The committee shall be composed of the chief judge, or
618	his or her designee, who shall serve as chair; the judge of the
619	treatment-based drug court program, if not otherwise designated
620	by the chief judge as his or her designee; the state attorney,
621	or his or her designee; the public defender, or his or her
622	designee; the treatment-based drug court program coordinators;
623	community representatives; treatment representatives; and any
624	other persons the chair finds are appropriate.
625	Section 8. Paragraphs (b) and (e) of subsection (5) of
626	section 910.035, Florida Statutes, are amended to read:
627	910.035 Transfer from county for plea and sentence.--
628	(5) Any person eligible for participation in a drug court
629	treatment program pursuant to s. 948.08(6) may be eligible to
630	have the case transferred to a county other than that in which
631	the charge arose if the drug court program agrees and if the
632	following conditions are met:
633	(b) If approval for transfer is received from all parties,
634	the trial court shall accept a plea of nolo contendere andenter
635	a transfer order directing the clerk to transfer the case to the
636	county which has accepted the defendant into its drug court
637	program.
638	(e) Upon successful completion of the drug court program,
639	the jurisdiction to which the case has been transferred shall
640	dispose of the case pursuant to s. 948.08(6). If the defendant
641	does not complete the drug court program successfully, the
642	jurisdiction to which the case has been transferred shall
643	dispose of the case within the guidelines of the Criminal
644	Punishment Code case shall be prosecuted as determined by the
645	state attorneys of the sending and receiving counties.
646	Section 9. Subsections (6), (7), and (8) of section
647	948.08, Florida Statutes, are amended to read:
648	948.08 Pretrial intervention program.--
649	(6)(a) Notwithstanding any provision of this section, a
650	person who is charged with a felony of the second or third
651	degree for purchase or possession of a controlled substance
652	under chapter 893, prostitution, tampering with evidence,
653	solicitation for purchase of a controlled substance, or
654	obtaining a prescription by fraud; who has not been charged with
655	a crime involving violence, including, but not limited to,
656	murder, sexual battery, robbery, carjacking, home-invasion
657	robbery, or any other crime involving violence; and who has not
658	previously been convicted of a felony nor been admitted to a
659	felony pretrial program referred to in this sectionis eligible
660	for admission into a pretrial substance abuse education and
661	treatment intervention program approved by the chief judge of
662	the circuit, for a period of not less than 1 year in duration,
663	upon motion of either party or the court's own motion, except:
664	1. If a defendant was previously offered admission to a
665	pretrial substance abuse education and treatment intervention
666	program at any time prior to trial and the defendant rejected
667	that offer on the record, then the court or the state attorney
668	may deny the defendant's admission to such a program.
669	2.if the state attorney believes that the facts and
670	circumstances of the case suggest the defendant's involvement in
671	the dealing and selling of controlled substances, the court
672	shall hold a preadmission hearing. If the state attorney
673	establishes, by a preponderance of the evidence at such hearing,
674	that the defendant was involved in the dealing or selling of
675	controlled substances, the court shall deny the defendant's
676	admission into a pretrial intervention program.
677	(b) Notwithstanding any provision of this section, a
678	person who is charged with a nonviolent third degree felony and
679	is assessed with a substance abuse problem who has not been
680	charged with a crime involving violence, including, but not
681	limited to, murder, sexual battery, robbery, carjacking, home-
682	invasion robbery, or any other crime involving violence, and who
683	has not previously been convicted of a felony is eligible for
684	admission into a pretrial substance abuse education and
685	treatment intervention program as set forth in paragraph (a).
686	(c) Notwithstanding any provision of this section, a
687	defendant charged with a second or subsequent nonviolent third
688	degree felony who has not been charged with a crime involving
689	violence, including, but not limited to, murder, sexual battery,
690	robbery, carjacking, home-invasion robbery, or any other crime
691	involving violence, upon approval of the state attorney, is
692	eligible for admission into the pretrial substance abuse
693	education and treatment intervention program as set forth in
694	paragraph (a).
695	(d)(b)At the end of the pretrial intervention period, the
696	court shall consider the recommendation of the administrator
697	pursuant to subsection (5) and the recommendation of the state
698	attorney as to disposition of the pending charges. The court
699	shall determine, by written finding, whether the defendant has
700	successfully completed the pretrial intervention program.
701	(e)(c)1. If the court finds that the defendant has not
702	successfully completed the pretrial intervention program, the
703	court may order the person to continue in education and
704	treatment or order that the charges revert to normal channels
705	for prosecution.
706	2. The court shall dismiss the charges upon a finding that
707	the defendant has successfully completed the pretrial
708	intervention program.
709	(f)(d)Any entity, whether public or private, providing a
710	pretrial substance abuse education and treatment intervention
711	program under this subsection must contract with the county or
712	appropriate governmental entity, and the terms of the contract
713	must include, but need not be limited to, the requirements
714	established for private entities under s. 948.15(3).
715	(7) The chief judge in each circuit may appoint an
716	advisory committee for the pretrial intervention program
717	composed of the chief judge or his or her designee, who shall
718	serve as chair; the state attorney, the public defender, and the
719	program administrator, or their designees; and such other
720	persons as the chair deems appropriate. The advisory committee
721	may not designate any defendant eligible for a pretrial
722	intervention program for any offense that is not listed under
723	paragraph (6)(a) without the state attorney's recommendation and
724	approval. The committee may also include persons representing
725	any other agencies to which persons released to the pretrial
726	intervention program may be referred.
727	(7)(8)The department may contract for the services and
728	facilities necessary to operate pretrial intervention programs.
729	Section 10. Section 985.306, Florida Statutes, is amended
730	to read:
731	985.306 Delinquency pretrial intervention program.--
732	(1)(a)Notwithstanding any provision of law to the
733	contrary, a child who is charged under chapter 893 with a
734	misdemeanor; afelony of the second or third degree for purchase
735	or possession of a controlled substance under chapter 893;
736	tampering with evidence; solicitation for purchase of a
737	controlled substance; or obtaining a prescription by fraud, and
738	who has not previously been adjudicated for a felony nor been
739	admitted to a delinquency pretrial intervention program under
740	this section, is eligible for admission into a delinquency
741	pretrial substance abuse education and treatment intervention
742	program approved by the chief judge or alternative sanctions
743	coordinator of the circuit to the extent that funded programs
744	are available, for a period based on the program requirements
745	and the treatment services that are suitable for the offender of
746	not less than 1 year in duration, upon motion of either party or
747	the court's own motion, except:.
748	(a)If the state attorney believes that the facts and
749	circumstances of the case suggest the child's involvement in the
750	dealing and selling of controlled substances, the court shall
751	hold a preadmission hearing. If the state attorney establishes
752	by a preponderance of the evidence at such hearing that the
753	child was involved in the dealing and selling of controlled
754	substances, the court shall deny the child's admission into a
755	delinquency pretrial intervention program.
756	(b) A child who is charged with the child's first
757	nonviolent third-degree felony and is assessed with a substance
758	abuse problem, who has not been charged with a crime involving
759	violence, including, but not limited to, murder, sexual battery,
760	robbery, carjacking, home-invasion robbery, or any other crime
761	involving violence, and who has not previously been adjudicated
762	of a felony is eligible for admission into a pretrial substance
763	abuse education and treatment intervention program as set forth
764	in subsection (a).
765	(c) A child who is charged with a second or subsequent
766	nonviolent third-degree felony and is assessed with a substance
767	abuse problem, who has not been charged with a crime involving
768	violence, including, but not limited to, murder, sexual battery,
769	robbery, carjacking, home-invasion robbery, or any other crime
770	involving violence, upon approval of the state attorney, is
771	eligible for admission into the pretrial substance abuse
772	education and treatment intervention program as set forth in
773	subsection (a).
774	(2)(b)At the end of the delinquency pretrial intervention
775	period, the court shall consider the recommendation of the state
776	attorney and the program administrator as to disposition of the
777	pending charges. The court shall determine, by written finding,
778	whether the child has successfully completed the delinquency
779	pretrial intervention program.
780	(3)(a)(c)1.If the court finds that the child has not
781	successfully completed the delinquency pretrial intervention
782	program, the court may order the child to continue in an
783	education, treatment, or urine monitoring program if resources
784	and funding are available or order that the charges revert to
785	normal channels for prosecution.
786	(b)2.The court may dismiss the charges upon a finding
787	that the child has successfully completed the delinquency
788	pretrial intervention program.
789	(4)(d)Any entity, whether public or private, providing
790	pretrial substance abuse education, treatment intervention, and
791	a urine monitoring program under this section must contract with
792	the county or appropriate governmental entity, and the terms of
793	the contract must include, but need not be limited to, the
794	requirements established for private entities under s.
795	948.15(3). It is the intent of the Legislature that public or
796	private entities providing substance abuse education and
797	treatment intervention programs involve the active participation
798	of parents, schools, churches, businesses, law enforcement
799	agencies, and the department or its contract providers.
800	(2) The chief judge in each circuit may appoint an
801	advisory committee for the delinquency pretrial intervention
802	program composed of the chief judge or designee, who shall serve
803	as chair; the state attorney, the public defender, and the
804	program administrator, or their designees; and such other
805	persons as the chair deems appropriate. The committee may also
806	include persons representing any other agencies to which
807	children released to the delinquency pretrial intervention
808	program may be referred.
809	Section 11. This act shall take effect July 1, 2004.