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 of Children and Family Services

69

with current information; requiring the Department of

70

Children and Family Services and the Agency for Health

71

Care Administration to prepare a mental health plan to be

72

submitted to the Legislature and the Governor; requiring a

73

study by the Office of Program Policy Analysis and

74

Governmental Accountability on mental health issues;

75

providing an effective date.

76

77

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

78

79

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

80

Statutes, is amended to read:

81

     394.4572  Screening of mental health personnel.--

82

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

83

Administration shall require employment screening for mental

84

health personnel using the standards for level 2 screening set

85

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

86

program directors, professional clinicians, staff members, and

87

volunteers working in public or private mental health programs

88

and facilities who have direct contact with unmarried patients

89

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

90

employment screening of mental health personnel shall also

91

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

92

under chapter 435.

93

     (b)  Students in the health care professions who are

94

interning in a mental health facility licensed under chapter 395,

95

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

96

minors, are exempt from the fingerprinting and screening

97

requirements, provided they are under direct supervision in the

98

actual physical presence of a licensed health care professional.

99

     (c) Mental health personnel working in a facility licensed

100

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

101

contact with patients or who are health care professionals

102

licensed by the Agency for Health Care Administration or a board

103

thereunder are exempt from the fingerprinting and screening

104

requirements, except for persons working in mental health

105

facilities where the primary purpose of the facility is the

106

treatment of minors.

107

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

108

less than 40 hours per month is exempt from the fingerprinting

109

and screening requirements, provided the volunteer is under

110

direct and constant supervision by persons who meet the screening

111

requirements of paragraph (a).

112

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

113

Florida Statutes, to read:

114

     394.462  Transportation.--

115

     (4) HIV EXPOSURE.--

116

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

117

employee of an emergency medical transport service, private

118

transport company contracting with the county, or mobile crisis

119

response service; or other designated agent of the county,

120

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

121

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

122

purpose of delivering him or her to a receiving or treatment

123

facility, hospital, community mental health center, or other

124

facility authorized to provide mental health evaluations or

125

services pursuant to this chapter, the law enforcement officer,

126

employee, or agent may seek a court order directing that the

127

person who is the source of the significant exposure undergo HIV

128

testing. A sworn statement by the law enforcement officer,

129

employee, or agent that a significant exposure has occurred

130

constitutes probable cause for the issuance of the order by the

131

court. The order shall direct the person to undergo HIV testing

132

within 48 hours after the issuance of the court order.

133

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

134

381.004.

135

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

136

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

137

after the court receives the results.

138

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

139

subsequent court proceeding involving the person being

140

transported.

141

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

142

medical transport service, private transport company contracting

143

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

144

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

145

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

146

person being transported pursuant to this section and who

147

requests HIV testing may obtain such test from his or her

148

respective county health department at no cost.

149

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

150

Statutes, is amended to read:

151

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

152

     (21)  "Residential treatment center for children and

153

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

154

therapeutic group home, which provides mental health services to

155

emotionally disturbed children or adolescents as defined in s.

156

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

157

profit corporation licensed by the Agency for Health Care

158

Administration under contract with the department which offers a

159

variety of treatment modalities in a more restrictive setting.

160

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

161

read:

162

     394.674 Clinical Eligibility for publicly funded substance

163

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

164

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

165

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

166

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

167

target groups approved by the Legislature, pursuant to s.

168

216.0166. The priority populations include:

169

     (a) For adult mental health services:

170

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

171

designated by the department using criteria which include

172

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

173

independently perform activities of daily living, and receipt of

174

disability income for a psychiatric condition. Within this group

175

priority populations include:

176

     a. Older adults in crisis.

177

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

178

restrictive environment because of their mental illness.

179

     c. Individuals deemed incompetent to proceed or not guilty

180

by reason of insanity under chapter 916.

181

     d. Other individuals with criminal justice involvement.

182

     e. Individuals who have co-occurring mental illness and

183

substance use disorders.

184

     2. Adults experiencing an acute mental or emotional crisis

185

as defined in s. 394.67(17).

186

     (b) For children's mental health services:

187

     1. Children who have a serious emotional disturbance.

188

     2. Children who have an emotional disturbance.

189

     3. Children who are at risk of emotional disturbance.

190

     (c) For substance abuse services:

191

     1. Adults who have substance use disorders and have a

192

history of intravenous drug use.

193

     2. Persons dually diagnosed as having co-occurring

194

substance abuse and mental health disorders.

195

     3. Parents putting children at risk due to a substance

196

abuse disorder.

197

     4. Persons who have a substance abuse disorder and have

198

been ordered by the court to receive treatment.

199

     5. Children at risk for initiating drug use.

200

     6. Children under state supervision.

201

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

202

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

203

agency.

204

     8. Persons identified as a priority population as a

205

condition of the receipt of the Substance Abuse Block Grant.

206

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

207

the limitations of available state and local matching resources,

208

be available to each person who is eligible for services under

209

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

210

such services. A person who is experiencing a mental health

211

crisis and who does not meet the criteria for involuntary

212

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

213

a substance abuse crisis and who does not meet the involuntary

214

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

215

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

216

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

217

contraindicated because of the crisis situation.

218

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

219

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

220

limitations of available state and local matching resources, be

221

available to each person who is eligible for services under

222

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

223

her care and treatment pursuant to the sliding fee scale

224

developed under subsection (4).

225

     (4) The department shall adopt rules relating to client

226

implement the clinical eligibility, client enrollment, and fee

227

collection requirements for publicly funded substance abuse and

228

mental health services. The rules must require that each provider

229

under contract with the department which enrolls eligible persons

230

into treatment to develop a sliding fee scale for persons who

231

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

232

Poverty Income Guidelines, unless otherwise required by state or

233

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

234

of discounts by which a provider under contract with the

235

department discounts its established client charges for services

236

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

237

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

238

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

239

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

240

providers in developing the schedule of discounts for the sliding

241

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

242

treatment, such as residential and inpatient treatment, in order

243

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

244

or her mental health or substance abuse care without jeopardizing

245

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

246

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

247

of the Federal Poverty Income Guidelines must pay a portion of

248

his or her treatment costs which is comparable to the copayment

249

amount required by the Medicaid program for Medicaid clients

250

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

251

receive financial assistance from the Federal Government because

252

of a disability and are in long-term residential treatment

253

settings contribute to their board and care costs and treatment

254

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

255

     (5)  A person who meets the eligibility criteria in

256

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

257

district substance abuse and mental health services plan

258

specified in s. 394.75 and within available resources.

259

     (6) The department may adopt rules to administer this

260

section.

261

     Section 5.  Section 394.4996, Florida Statutes, is created

262

to read:

263

     394.4996 Integrated adult mental health crisis

264

stabilization and addictions receiving facilities.--

265

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

266

Administration, in consultation with the Department of Children

267

and Family Services, may license facilities that integrate

268

services provided in an adult mental health crisis stabilization

269

unit with services provided in an adult addictions receiving

270

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

271

adult crisis stabilization unit under part IV and shall meet all

272

licensure requirements for crisis stabilization units providing

273

integrated services.

274

     (2) An integrated mental health crisis stabilization unit

275

and addictions receiving facility may provide services under this

276

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

277

more of the following categories:

278

     (a) An adult meeting the requirements for voluntary

279

admission for mental health treatment under s. 394.4625.

280

     (b) An adult meeting the criteria for involuntary

281

examination for mental illness under s. 394.463.

282

     (c) An adult qualifying for voluntary admission for

283

substance abuse treatment under s. 397.601.

284

     (d) An adult meeting the criteria for involuntary admission

285

for substance abuse impairment under s. 397.675.

286

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

287

adopt by rule standards that address eligibility criteria;

288

clinical procedures; staffing requirements; operational,

289

administrative, and financing requirements; and the investigation

290

of complaints. Standards that are implemented specific to

291

substance abuse treatment services shall meet or exceed existing

292

standards for addiction receiving facilities.

293

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

294

Statutes, is amended to read:

295

     553.80  Enforcement.--

296

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

297

local government and each legally constituted enforcement

298

district with statutory authority shall regulate building

299

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

300

legislation, each state agency shall enforce the Florida Building

301

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

302

structures, and facilities, unless such responsibility has been

303

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

304

     (a)  Construction regulations relating to correctional

305

facilities under the jurisdiction of the Department of

306

Corrections and the Department of Juvenile Justice are to be

307

enforced exclusively by those departments.

308

     (b)  Construction regulations relating to elevator equipment

309

under the jurisdiction of the Bureau of Elevators of the

310

Department of Business and Professional Regulation shall be

311

enforced exclusively by that department.

312

     (c) Construction regulations relating to secure mental

313

health treatment facilities under the jurisdiction of the

314

Department of Children and Family Services shall be enforced

315

exclusively by that department.

316

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

317

this section, facilities subject to the provisions of chapter 395

318

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

319

construction surveyed by the state agency authorized to do so

320

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

321

and the certification requirements of the Federal Government.

322

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

323

state-approved manufactured buildings, including buildings

324

manufactured and assembled offsite and not intended for

325

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

326

exempt from local code enforcing agency plan reviews except for

327

provisions of the code relating to erection, assembly, or

328

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

329

the site are subject to local permitting and inspections. Lawn

330

storage buildings and storage sheds bearing the insignia of

331

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

332

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

333

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

334

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

335

state universities, and community colleges shall be enforced as

336

provided in subsection (6).

337

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

338

collection facilities under the jurisdiction of the turnpike

339

enterprise of the Department of Transportation shall be enforced

340

exclusively by the turnpike enterprise.

341

342

The governing bodies of local governments may provide a schedule

343

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

344

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

345

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

346

responsibilities in enforcing the Florida Building Code. The

347

authority of state enforcing agencies to set fees for enforcement

348

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

349

However, nothing contained in this subsection does not shall

350

operate to limit such agencies from adjusting their fee schedule

351

in conformance with existing authority.

352

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

353

read:

354

     916.111  Training of mental health experts.--The evaluation

355

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

356

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

357

as to ensure uniform application of the criteria enumerated in

358

Rules 3.210 and 3.216, Florida Rules of Criminal Procedure.

359

     (1) A forensic evaluator training course approved by the

360

department must be provided at least annually to ensure that

361

mental health professionals have the opportunity to be placed on

362

the department's forensic evaluator registry.

363

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

364

registry if they have completed or retaken the required training

365

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

366

required training within the previous 5 years shall be removed

367

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

368

     (b) A mental health professional who has completed the

369

training course within the previous 5 years is responsible for

370

maintaining documentation of completion of the required training

371

and providing the department with current contact information.

372

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

373

accredited institutions:

374

     (a)(1) To provide:

375

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

376

perform forensic evaluations and to standardize the criteria and

377

procedures to be used in these evaluations;

378

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

379

criteria of Rules 3.210 and 3.216, Florida Rules of Criminal

380

Procedure; and

381

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

382

application of these protocols and procedures in performing

383

forensic evaluations and providing reports to the courts; and

384

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

385

for evaluating the success of this program, including the number

386

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

387

effect on the quality of forensic evaluations as measured by

388

appropriateness of admissions to state forensic facilities and to

389

community-based care programs.

390

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

391

Statutes, is amended to read:

392

     916.115  Appointment of experts.--

393

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

394

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

395

including competency to proceed, insanity, involuntary placement,

396

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

397

in another appropriate local facility or in a facility of the

398

Department of Corrections.

399

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

400

shall have completed forensic evaluator training as provided in

401

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

402

psychiatrist, licensed psychologist, or physician.

403

     (b) Graduate students completing a practicum or internship,

404

psychological specialists or counselors, and postdoctoral fellows

405

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

406

the evaluation process as long as their reports are overseen and

407

signed by a supervising evaluator who has completed forensic

408

evaluator training within the previous 5 years.

409

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

410

the courts with a forensic evaluator registry list of available

411

mental health professionals who have completed the approved

412

training as experts.

413

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

414

read:

415

     916.13  Involuntary commitment of defendant adjudicated

416

incompetent.--

417

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

418

custody of the Department of Corrections, a Every defendant who

419

is charged with a felony and who is adjudicated incompetent to

420

proceed may be involuntarily committed for treatment upon a

421

finding by the court of clear and convincing evidence that:

422

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

423

mental illness:

424

     1.  The defendant is manifestly incapable of surviving alone

425

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

426

including available alternative services, and, without treatment,

427

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

428

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

429

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

430

being; or

431

     2.  There is a substantial likelihood that in the near

432

future the defendant will inflict serious bodily harm on herself

433

or himself or another person, as evidenced by recent behavior

434

causing, attempting, or threatening such harm;

435

     (b)  All available, less restrictive treatment alternatives,

436

including treatment in community residential facilities or

437

community inpatient or outpatient settings, which would offer an

438

opportunity for improvement of the defendant's condition have

439

been judged to be inappropriate; and

440

     (c)  There is a substantial probability that the mental

441

illness causing the defendant's incompetence will respond to

442

treatment and the defendant will regain competency to proceed in

443

the reasonably foreseeable future.

444

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

445

who has been adjudicated incompetent to proceed due to mental

446

illness, and who meets the criteria for involuntary commitment to

447

the department under the provisions of this chapter, may be

448

committed to the department, and the department shall retain and

449

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

450

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

451

or at any time the administrator or designee shall have

452

determined that the defendant has regained competency to proceed

453

or no longer meets the criteria for continued commitment, the

454

administrator or designee shall file a report with the court

455

pursuant to the applicable Florida Rules of Criminal Procedure.

456

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

457

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

458

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

459

Florida Rules of Criminal Procedure, and who has been adjudicated

460

incompetent to proceed due to mental illness shall be retained in

461

the physical custody of the Department of Corrections and the

462

department shall administer a lesson plan for competency

463

restoration training provided by the Department of Children and

464

Family Services. Within 6 months after the administration of the

465

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

466

Department of Children and Family Services determines that the

467

defendant has regained competency to proceed, the Department of

468

Children and Family Services shall file a report with the court

469

pursuant to the applicable Florida Rules of Criminal Procedure.

470

     (c) Within 15 days after the court receives notification

471

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

472

criteria for continued commitment, the defendant shall be

473

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

474

purpose of holding a competency hearing.

475

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

476

a court receives notification that the defendant is competent to

477

proceed.

478

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

479

read:

480

     916.15  Involuntary commitment of defendant adjudicated not

481

guilty by reason of insanity.--

482

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

483

by reason of insanity shall be determined in accordance with Rule

484

3.217, Florida Rules of Criminal Procedure.

485

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

486

custody of the Department of Corrections, a defendant who is

487

acquitted of criminal charges because of a finding of not guilty

488

by reason of insanity may be involuntarily committed pursuant to

489

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

490

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

491

others.

492

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

493

custody of the Department of Corrections, a Every defendant

494

acquitted of criminal charges by reason of insanity and found to

495

meet the criteria for involuntary commitment may be committed and

496

treated in accordance with the provisions of this section and the

497

applicable Florida Rules of Criminal Procedure. The department

498

shall admit a defendant so adjudicated to an appropriate facility

499

or program for treatment and shall retain and treat such

500

defendant.

501

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

502

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

503

or at any time the administrator or designee has shall have

504

determined that the defendant no longer meets the criteria for

505

continued commitment placement, the administrator or designee

506

shall file a report with the court pursuant to the applicable

507

Florida Rules of Criminal Procedure.

508

     (b) Within 15 days after the court receives notification

509

that the defendant no longer meets the criteria for continued

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commitment placement, the defendant shall, pursuant to s.

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

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holding a commitment hearing.

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

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the court receives notification that the defendant no longer

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meets the criteria for continued commitment placement.

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

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

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

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insanity shall be retained in the physical custody of the

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Department of Corrections for the remainder of his or her

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sentence. Within 30 days before the defendant's anticipated

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release date, the Department of Children and Family Services

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shall evaluate the defendant and file a report with the court

524

requesting that the defendant be returned to the court's

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jurisdiction to determine if the defendant continues to meet the

526

criteria for continued commitment placement.

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

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

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the committing court. Evidence at such hearing may be presented

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by the hospital administrator or the administrator's designee as

531

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

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

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

534

public defender shall represent the defendant. The parties shall

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

536

and may interview or depose personnel who have had contact with

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the defendant at the treating facilities.

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

539

section 985.19, Florida Statutes, are amended to read:

540

     985.19  Incompetency in juvenile delinquency cases.--

541

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

542

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

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petition may be incompetent to proceed with the hearing, the

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

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attorney or state attorney must, stay all proceedings and order

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an evaluation of the child's mental condition.

547

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

548

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

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

550

three experts appointed by the court. The basis for the

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determination of incompetency must be specifically stated in the

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evaluation and shall be conducted in compliance with uniform

553

procedures relating to competency to proceed and evaluation

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criteria. In addition, a recommendation as to whether residential

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or nonresidential treatment or training is required must be

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included in the evaluation. Experts appointed by the court to

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determine the mental condition of a child shall be allowed

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reasonable fees for services rendered. State employees may be

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paid expenses pursuant to s. 112.061. The fees shall be taxed as

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costs in the case.

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     (d) Appointed experts shall have completed forensic

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evaluator training approved by the Department of Children and

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Family Services within 5 years before conducting evaluations for

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the court, and each shall be a psychiatrist, licensed

565

psychologist, or physician.

566

     1.(d) For incompetency evaluations related to mental

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illness, the Department of Children and Family Services shall

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maintain and annually provide the courts with a list of available

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mental health professionals who have completed a training program

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approved by the Department of Children and Family Services to

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

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remain on the list as long as they have completed or retaken the

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forensic evaluator training within the previous 5 years. Those

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who have not completed the required training within the previous

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5 years shall be removed from the list and may not conduct

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evaluations for the 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

579

with current contact information during the 5-year effective

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period of the required training.

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     Section 12. The Department of Children and Family Services

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and the Agency for Health Care Administration, in consultation

583

with the Florida Substance Abuse and Mental Health Corporation

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and the Criminal Justice, Mental Health, and Substance Abuse

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Technical Assistance Center, shall prepare a plan relating to the

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provision and management of mental health services for

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consideration by the Legislature.

588

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

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

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of mental health services and recommendations that will improve

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the coordination of services at the local and state level,

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maximize the use of resources, and inform and link target

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populations with available services.

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     (b) A review and evaluation of, and recommendations

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concerning, the development of methodologies to accurately

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estimate target populations for mental health services, the

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service needs of each target population, and the availability of

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services.

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     (c) Proposed guidelines for the development and

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implementation of community-based mental health programs and

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services that reduce the likelihood of future involvement with

602

the criminal justice system.

603

     (d) Proposed guidelines for the development and

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implementation of programs and services that facilitate the

605

transition and successful reentry into the community by providing

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a continuum of mental health services to persons released from

607

criminal justice or forensic facilities.

608

     (e) Recommended performance measures and reporting

609

requirements for state and local programs and services specified

610

in paragraphs (c) and (d).

611

     (f) Proposed guidelines and strategies for providing a

612

continuum of care to persons receiving competency restoration

613

services.

614

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

615

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

616

Representatives by January 1, 2010.

617

     Section 13. The Office of Program Policy Analysis and

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Government Accountability shall conduct a study and make

619

recommendations relating to mental health services by January

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

621

     (1) Mental health courts in this state compared with

622

similar courts in other states.

623

     (2) Mental health funding in this state compared with

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mental health funding in other states.

625

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

626

health services in other states.

627

     (4) Mental health diversion programs in this state compared

628

with similar programs in other states.

629

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