1

A bill to be entitled

2

An act relating to mental health and substance abuse;

3

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

4

for all personnel who work with persons with mental

5

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

6

testing of persons being transported for mental health

7

services upon the request of law enforcement officers or

8

other designated agents who come into contact with the

9

person's body fluids; requiring the county health

10

department to provide HIV testing at no cost to such

11

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

12

obsolete reference to a corporation's contract with the

13

Department of Children and Family Services and adding a

14

reference to a corporation's licensure by the Agency for

15

Health Care Administration to the definition of

16

residential treatment center for children and adolescents;

17

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

18

populations who are eligible for services funded by the

19

Department of Children and Family Services; authorizing

20

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

21

authorizing the department to establish facilities that

22

provide services as an integrated adult mental health

23

crisis stabilization unit and addictions receiving

24

facility; requiring licensure; providing eligibility

25

criteria for treatment services; authorizing the

26

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

27

requiring that local construction regulations for secure

28

mental health treatment facilities be enforced by the

29

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

30

forensic evaluator training course be provided annually in

31

order for mental health experts to be placed on the

32

forensic evaluator registry; providing that mental health

33

professionals that have taken the course within the last 5

34

years remain on the registry; requiring mental health

35

professionals on the registry to maintain training course

36

documentation and provide the department with current

37

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

38

persons who are supervised by a person who has taken the

39

forensic evaluator training course to assist in the

40

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

41

requiring defendants in the custody of the Department of

42

Corrections who are adjudicated incompetent to remain in

43

the custody of the Department of Corrections and receive

44

treatment from the department; requiring the Department of

45

Children and Family Services to determine whether the

46

inmate has regained competency; providing timelines for

47

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

48

timeline for holding a commitment hearing for defendants

49

who no longer meet the criteria for continued commitment

50

by reason of insanity; providing an exception for

51

defendants in the custody of the Department of

52

Corrections; requiring defendants in the custody of the

53

Department of Corrections who are charged with a new

54

felony and found not guilty by reason of insanity to

55

remain in the department's custody for the remainder of

56

their sentence; requiring the Department of Children and

57

Family Services to evaluate the inmate and file a report

58

with the court requesting a hearing for determining

59

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

60

requiring that experts appointed in juvenile incompetent-

61

to-proceed cases be a psychiatrist, licensed psychologist,

62

or physician and have completed the forensic evaluator

63

training within 5 years prior to conducting evaluations

64

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

65

experts who have completed or retaken the course within

66

the last 5 years remain on the registry; requiring experts

67

on the registry to maintain training course documentation

68

and provide the department with current information;

69

requiring the Department of Children and Family Services

70

and the Agency for Health Care Administration to prepare a

71

mental health plan to be submitted to the Legislature and

72

the Governor; requiring a study by the Office of Program

73

Policy Analysis and Governmental Accountability on mental

74

health issues; providing an effective date.

75

76

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

77

78

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

79

Statutes, is amended to read:

80

     394.4572  Screening of mental health personnel.--

81

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

82

Administration shall require employment screening for mental

83

health personnel using the standards for level 2 screening set

84

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

85

program directors, professional clinicians, staff members, and

86

volunteers working in public or private mental health programs

87

and facilities who have direct contact with unmarried patients

88

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

89

employment screening of mental health personnel shall also

90

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

91

under chapter 435.

92

     (b)  Students in the health care professions who are

93

interning in a mental health facility licensed under chapter 395,

94

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

95

minors, are exempt from the fingerprinting and screening

96

requirements, provided they are under direct supervision in the

97

actual physical presence of a licensed health care professional.

98

     (c) Mental health personnel working in a facility licensed

99

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

100

contact with patients or who are health care professionals

101

licensed by the Agency for Health Care Administration or a board

102

thereunder are exempt from the fingerprinting and screening

103

requirements, except for persons working in mental health

104

facilities where the primary purpose of the facility is the

105

treatment of minors.

106

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

107

less than 40 hours per month is exempt from the fingerprinting

108

and screening requirements, provided the volunteer is under

109

direct and constant supervision by persons who meet the screening

110

requirements of paragraph (a).

111

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

112

Florida Statutes, to read:

113

     394.462  Transportation.--

114

     (4) HIV EXPOSURE.--

115

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

116

employee of an emergency medical transport service, private

117

transport company contracting with the county, or mobile crisis

118

response service; or other designated agent of the county,

119

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

120

the body fluids of a person being taken into custody for the

121

purpose of delivering him or her to a receiving or treatment

122

facility, hospital, community mental health center, or other

123

facility authorized to provide mental health evaluations or

124

services pursuant to this chapter, the court shall, upon request

125

of the law enforcement officer, employee, or agent, order the

126

person to undergo HIV testing within 48 hours after the issuance

127

of the court order.

128

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

129

381.004.

130

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

131

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

132

after the court receives the results.

133

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

134

subsequent court proceeding involving the person being

135

transported.

136

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

137

medical transport service, private transport company contracting

138

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

139

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

140

comes into contact with or is exposed to the body fluids of a

141

person being transported pursuant to this section and who

142

requests HIV testing may obtain such test from his or her

143

respective county health department at no cost.

144

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

145

Statutes, is amended to read:

146

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

147

     (21)  "Residential treatment center for children and

148

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

149

therapeutic group home, which provides mental health services to

150

emotionally disturbed children or adolescents as defined in s.

151

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

152

profit corporation licensed by the Agency for Health Care

153

Administration under contract with the department which offers a

154

variety of treatment modalities in a more restrictive setting.

155

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

156

read:

157

     394.674 Clinical Eligibility for publicly funded substance

158

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

159

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

160

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

161

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

162

target groups approved by the Legislature, pursuant to s.

163

216.0166. The priority populations include:

164

     (a) For adult mental health services:

165

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

166

designated by the department using criteria which include

167

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

168

independently perform activities of daily living, and receipt of

169

disability income for a psychiatric condition. Within this group

170

priority populations include:

171

     a. Older adults in crisis.

172

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

173

restrictive environment because of their mental illness.

174

     c. Individuals deemed incompetent to proceed or not guilty

175

by reason of insanity under chapter 916.

176

     d. Other individuals with criminal justice involvement.

177

     e. Individuals who have co-occurring mental illness and

178

substance use disorders.

179

     2. Adults experiencing an acute mental or emotional crisis

180

as defined in s.394.67(18).

181

     (b) For children's mental health services:

182

     1. Children who have a serious emotional disturbance.

183

     2. Children who have an emotional disturbance.

184

     3. Children who are at risk of emotional disturbance.

185

     (c) For substance abuse services:

186

     1. Adults who have substance use disorders and have a

187

history of intravenous drug use.

188

     2. Persons dually diagnosed as having co-occurring

189

substance abuse and mental health disorders.

190

     3. Parents putting children at risk due to a substance

191

abuse disorder.

192

     4. Persons who have a substance abuse disorder and have

193

been ordered by the court to receive treatment.

194

     5. Children at risk for initiating drug use.

195

     6. Children under state supervision.

196

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

197

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

198

agency.

199

     8. Persons identified as a priority population as a

200

condition of the receipt of the Substance Abuse Block Grant.

201

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

202

the limitations of available state and local matching resources,

203

be available to each person who is eligible for services under

204

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

205

such services. A person who is experiencing a mental health

206

crisis and who does not meet the criteria for involuntary

207

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

208

a substance abuse crisis and who does not meet the involuntary

209

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

210

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

211

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

212

contraindicated because of the crisis situation.

213

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

214

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

215

limitations of available state and local matching resources, be

216

available to each person who is eligible for services under

217

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

218

her care and treatment pursuant to the sliding fee scale

219

developed under subsection (4).

220

     (4) The department shall adopt rules relating to client

221

implement the clinical eligibility, client enrollment, and fee

222

collection requirements for publicly funded substance abuse and

223

mental health services. The rules must require that each provider

224

under contract with the department which enrolls eligible persons

225

into treatment to develop a sliding fee scale for persons who

226

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

227

Poverty Income Guidelines, unless otherwise required by state or

228

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

229

of discounts by which a provider under contract with the

230

department discounts its established client charges for services

231

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

232

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

233

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

234

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

235

providers in developing the schedule of discounts for the sliding

236

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

237

treatment, such as residential and inpatient treatment, in order

238

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

239

or her mental health or substance abuse care without jeopardizing

240

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

241

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

242

of the Federal Poverty Income Guidelines must pay a portion of

243

his or her treatment costs which is comparable to the copayment

244

amount required by the Medicaid program for Medicaid clients

245

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

246

receive financial assistance from the Federal Government because

247

of a disability and are in long-term residential treatment

248

settings contribute to their board and care costs and treatment

249

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

250

     (5)  A person who meets the eligibility criteria in

251

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

252

district substance abuse and mental health services plan

253

specified in s. 394.75 and within available resources.

254

     (6) The department may adopt rules to administer this

255

section.

256

     Section 5.  Section 394.4996, Florida Statutes, is created

257

to read:

258

     394.4996 Integrated adult mental health crisis

259

stabilization and addictions receiving facilities.--

260

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

261

Administration, in consultation with the Department of Children

262

and Family Services, may license facilities that integrate

263

services provided in an adult mental health crisis stabilization

264

unit with services provided in an adult addictions receiving

265

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

266

adult crisis stabilization unit under part IV and shall meet all

267

licensure requirements for crisis stabilization units providing

268

integrated services.

269

     (2) An integrated mental health crisis stabilization unit

270

and addictions receiving facility may provide services under this

271

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

272

more of the following categories:

273

     (a) An adult meeting the requirements for voluntary

274

admission for mental health treatment under s. 394.4625.

275

     (b) An adult meeting the criteria for involuntary

276

examination for mental illness under s. 394.463.

277

     (c) An adult qualifying for voluntary admission for

278

substance abuse treatment under s. 397.601.

279

     (d) An adult meeting the criteria for involuntary admission

280

for substance abuse impairment under s. 397.675.

281

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

282

adopt by rule standards that address eligibility criteria;

283

clinical procedures; staffing requirements; operational,

284

administrative, and financing requirements; and the investigation

285

of complaints. Standards that are implemented specific to

286

substance abuse treatment services shall meet or exceed existing

287

standards for addiction receiving facilities.

288

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

289

Statutes, is amended to read:

290

     553.80  Enforcement.--

291

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

292

local government and each legally constituted enforcement

293

district with statutory authority shall regulate building

294

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

295

legislation, each state agency shall enforce the Florida Building

296

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

297

structures, and facilities, unless such responsibility has been

298

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

299

     (a)  Construction regulations relating to correctional

300

facilities under the jurisdiction of the Department of

301

Corrections and the Department of Juvenile Justice are to be

302

enforced exclusively by those departments.

303

     (b)  Construction regulations relating to elevator equipment

304

under the jurisdiction of the Bureau of Elevators of the

305

Department of Business and Professional Regulation shall be

306

enforced exclusively by that department.

307

     (c) Construction regulations relating to secure mental

308

health treatment facilities under the jurisdiction of the

309

Department of Children and Family Services shall be enforced

310

exclusively by that department.

311

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

312

this section, facilities subject to the provisions of chapter 395

313

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

314

construction surveyed by the state agency authorized to do so

315

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

316

and the certification requirements of the Federal Government.

317

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

318

state-approved manufactured buildings, including buildings

319

manufactured and assembled offsite and not intended for

320

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

321

exempt from local code enforcing agency plan reviews except for

322

provisions of the code relating to erection, assembly, or

323

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

324

the site are subject to local permitting and inspections. Lawn

325

storage buildings and storage sheds bearing the insignia of

326

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

327

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

328

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

329

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

330

state universities, and community colleges shall be enforced as

331

provided in subsection (6).

332

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

333

collection facilities under the jurisdiction of the turnpike

334

enterprise of the Department of Transportation shall be enforced

335

exclusively by the turnpike enterprise.

336

337

The governing bodies of local governments may provide a schedule

338

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

339

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

340

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

341

responsibilities in enforcing the Florida Building Code. The

342

authority of state enforcing agencies to set fees for enforcement

343

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

344

However, nothing contained in this subsection does not shall

345

operate to limit such agencies from adjusting their fee schedule

346

in conformance with existing authority.

347

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

348

read:

349

     916.111  Training of mental health experts.--The evaluation

350

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

351

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

352

as to ensure uniform application of the criteria enumerated in

353

Rules 3.210 and 3.216, Florida Rules of Criminal Procedure.

354

     (1) A forensic evaluator training course approved by the

355

department must be provided at least annually to ensure that

356

mental health professionals have the opportunity to be placed on

357

the department's forensic evaluator registry.

358

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

359

registry if they have completed or retaken the required training

360

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

361

required training within the previous 5 years shall be removed

362

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

363

     (b) A mental health professional who has completed the

364

training course within the previous 5 years is responsible for

365

maintaining documentation of completion of the required training

366

and providing the department with current contact information

367

during the 5-year period.

368

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

369

accredited institutions:

370

     (a)(1) To provide:

371

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

372

perform forensic evaluations and to standardize the criteria and

373

procedures to be used in these evaluations;

374

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

375

criteria of Rules 3.210 and 3.216, Florida Rules of Criminal

376

Procedure; and

377

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

378

application of these protocols and procedures in performing

379

forensic evaluations and providing reports to the courts; and

380

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

381

for evaluating the success of this program, including the number

382

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

383

effect on the quality of forensic evaluations as measured by

384

appropriateness of admissions to state forensic facilities and to

385

community-based care programs.

386

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

387

Statutes, is amended to read:

388

     916.115  Appointment of experts.--

389

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

390

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

391

including competency to proceed, insanity, involuntary placement,

392

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

393

in another appropriate local facility or in a facility of the

394

Department of Corrections.

395

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

396

shall have completed forensic evaluator training as provided in

397

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

398

psychiatrist, licensed psychologist, or physician.

399

     (b) Graduate students completing a practicum or internship,

400

psychological specialists or counselors, and postdoctoral fellows

401

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

402

the evaluation process as long as their reports are overseen and

403

signed by a supervising evaluator who has completed forensic

404

evaluator training within the previous 5 years.

405

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

406

the courts with a forensic evaluator registry list of available

407

mental health professionals who have completed the approved

408

training as experts.

409

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

410

read:

411

     916.13  Involuntary commitment of defendant adjudicated

412

incompetent.--

413

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

414

custody of the Department of Corrections, a Every defendant who

415

is charged with a felony and who is adjudicated incompetent to

416

proceed may be involuntarily committed for treatment upon a

417

finding by the court of clear and convincing evidence that:

418

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

419

mental illness:

420

     1.  The defendant is manifestly incapable of surviving alone

421

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

422

including available alternative services, and, without treatment,

423

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

424

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

425

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

426

being; or

427

     2.  There is a substantial likelihood that in the near

428

future the defendant will inflict serious bodily harm on herself

429

or himself or another person, as evidenced by recent behavior

430

causing, attempting, or threatening such harm;

431

     (b)  All available, less restrictive treatment alternatives,

432

including treatment in community residential facilities or

433

community inpatient or outpatient settings, which would offer an

434

opportunity for improvement of the defendant's condition have

435

been judged to be inappropriate; and

436

     (c)  There is a substantial probability that the mental

437

illness causing the defendant's incompetence will respond to

438

treatment and the defendant will regain competency to proceed in

439

the reasonably foreseeable future.

440

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

441

who has been adjudicated incompetent to proceed due to mental

442

illness, and who meets the criteria for involuntary commitment to

443

the department under the provisions of this chapter, may be

444

committed to the department, and the department shall retain and

445

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

446

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

447

or at any time the administrator or designee shall have

448

determined that the defendant has regained competency to proceed

449

or no longer meets the criteria for continued commitment, the

450

administrator or designee shall file a report with the court

451

pursuant to the applicable Florida Rules of Criminal Procedure.

452

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

453

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

454

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

455

Florida Rules of Criminal Procedure, and who has been adjudicated

456

incompetent to proceed due to mental illness shall be retained in

457

the physical custody of the Department of Corrections and the

458

department shall administer a lesson plan for competency

459

restoration training provided by the Department of Children and

460

Family Services. Within 6 months after the administration of the

461

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

462

Department of Children and Family Services determines that the

463

defendant has regained competency to proceed, the Department of

464

Children and Family Services shall file a report with the court

465

pursuant to the applicable Florida Rules of Criminal Procedure.

466

     (c) Within 15 days after the court receives notification

467

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

468

criteria for continued commitment, the defendant shall be

469

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

470

purpose of holding a competency hearing.

471

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

472

a court receives notification that the defendant is competent to

473

proceed.

474

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

475

read:

476

     916.15  Involuntary commitment of defendant adjudicated not

477

guilty by reason of insanity.--

478

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

479

by reason of insanity shall be determined in accordance with Rule

480

3.217, Florida Rules of Criminal Procedure.

481

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

482

custody of the Department of Corrections, a defendant who is

483

acquitted of criminal charges because of a finding of not guilty

484

by reason of insanity may be involuntarily committed pursuant to

485

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

486

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

487

others.

488

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

489

custody of the Department of Corrections, a Every defendant

490

acquitted of criminal charges by reason of insanity and found to

491

meet the criteria for involuntary commitment may be committed and

492

treated in accordance with the provisions of this section and the

493

applicable Florida Rules of Criminal Procedure. The department

494

shall admit a defendant so adjudicated to an appropriate facility

495

or program for treatment and shall retain and treat such

496

defendant.

497

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

498

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

499

or at any time the administrator or designee has shall have

500

determined that the defendant no longer meets the criteria for

501

continued commitment placement, the administrator or designee

502

shall file a report with the court pursuant to the applicable

503

Florida Rules of Criminal Procedure.

504

     (b) Within 15 days after the court receives notification

505

that the defendant no longer meets the criteria for continued

506

commitment placement, the defendant shall, pursuant to s.

507

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

508

holding a commitment hearing.

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

510

the court receives notification that the defendant no longer

511

meets the criteria for continued commitment placement.

512

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

513

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

514

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

515

insanity shall be retained in the physical custody of the

516

Department of Corrections for the remainder of his or her

517

sentence. Within 30 days before the defendant's anticipated

518

release date, the Department of Children and Family Services

519

shall evaluate the defendant and file a report with the court

520

requesting that the defendant be returned to the court's

521

jurisdiction to determine if the defendant continues to meet the

522

criteria for continued commitment placement.

523

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

524

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

525

the committing court. Evidence at such hearing may be presented

526

by the hospital administrator or the administrator's designee as

527

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

528

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

529

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

530

public defender shall represent the defendant. The parties shall

531

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

532

and may interview or depose personnel who have had contact with

533

the defendant at the treating facilities.

534

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

535

section 985.19, Florida Statutes, are amended to read:

536

     985.19  Incompetency in juvenile delinquency cases.--

537

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

538

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

539

petition may be incompetent to proceed with the hearing, the

540

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

541

attorney or state attorney must, stay all proceedings and order

542

an evaluation of the child's mental condition.

543

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

544

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

545

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

546

three experts appointed by the court. The basis for the

547

determination of incompetency must be specifically stated in the

548

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

549

uniform application of the criteria enumerated in rules

550

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

551

Report, subsections 8.095(9)(d)(1) through (4), Florida

552

Administrative Code. In addition, a recommendation as to whether

553

residential or nonresidential treatment or training is required

554

must be included in the evaluation. Experts appointed by the

555

court to determine the mental condition of a child shall be

556

allowed reasonable fees for services rendered. State employees

557

may be paid expenses pursuant to s. 112.061. The fees shall be

558

taxed as costs in the case.

559

     (d) Appointed experts shall have completed forensic

560

evaluator training approved by the department within 5 years

561

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

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a psychiatrist, licensed psychologist, or physician.

563

     1.(d) For incompetency evaluations related to mental

564

illness, the Department of Children and Family Services shall

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maintain and annually provide the courts with a list of available

566

mental health professionals who have completed a training program

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approved by the Department of Children and Family Services to

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

569

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

570

completed or retaken the forensic evaluator training within the

571

previous 5 years. Those who have not completed the required

572

training within the previous 5 years shall be removed from the

573

department's registry and may not conduct evaluations for the

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courts.

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     2. Experts are responsible for maintaining documentation of

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completion of the required training and providing the department

577

with current contact information during the 5-year effective date

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of the required training.

579

     Section 12. The Department of Children and Family Services

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and the Agency for Health Care Administration, in consultation

581

with the Florida Substance Abuse and Mental Health Corporation

582

and the Criminal Justice, Mental Health, and Substance Abuse

583

Technical Assistance Center, shall prepare a plan relating to the

584

provision and management of mental health services for

585

consideration by the Legislature.

586

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

587

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

588

of mental health services and recommendations that will improve

589

the coordination of services at the local and state level,

590

maximize the use of resources, and inform and link target

591

populations with available services.

592

     (b) A review and evaluation of, and recommendations

593

concerning, the development of methodologies to accurately

594

estimate target populations for mental health services, the

595

service needs of each target population, and the availability of

596

services.

597

     (c) Proposed guidelines for the development and

598

implementation of community-based mental health programs and

599

services that reduce the likelihood of future involvement with

600

the criminal justice system.

601

     (d) Proposed guidelines for the development and

602

implementation of programs and services that facilitate the

603

transition and successful reentry into the community by providing

604

a continuum of mental health services to persons released from

605

criminal justice or forensic facilities.

606

     (e) Recommended performance measures and reporting

607

requirements for state and local programs and services specified

608

in paragraphs (c) and (d).

609

     (f) Proposed guidelines and strategies for providing a

610

continuum of care to persons receiving competency restoration

611

services.

612

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

613

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

614

Representatives by January 1, 2010.

615

     Section 13. The Office of Program Policy Analysis and

616

Government Accountability shall conduct a study and make

617

recommendations relating to mental health services by January

618

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

619

     (1) Mental health courts in this state compared with

620

similar courts in other states.

621

     (2) Mental health funding in this state compared with

622

mental health funding in other states.

623

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

624

health services in other states.

625

     (4) Mental health diversion programs in this state compared

626

with similar programs in other states.

627

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