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Senator Storms moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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

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Statutes, is amended to read:

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     394.4572  Screening of mental health personnel.--

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

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Administration shall require employment screening for mental

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health personnel using the standards for level 2 screening set

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

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program directors, professional clinicians, staff members, and

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volunteers working in public or private mental health programs

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and facilities who have direct contact with unmarried patients

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

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employment screening of mental health personnel shall also

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

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under chapter 435.

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     (b)  Students in the health care professions who are

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interning in a mental health facility licensed under chapter 395,

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

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minors, are exempt from the fingerprinting and screening

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requirements, provided they are under direct supervision in the

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actual physical presence of a licensed health care professional.

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     (c) Mental health personnel working in a facility licensed

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

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contact with patients or who are health care professionals

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licensed by the Agency for Health Care Administration or a board

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thereunder are exempt from the fingerprinting and screening

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requirements, except for persons working in mental health

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facilities where the primary purpose of the facility is the

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treatment of minors.

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

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less than 40 hours per month is exempt from the fingerprinting

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and screening requirements, provided the volunteer is under

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direct and constant supervision by persons who meet the screening

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requirements of paragraph (a).

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

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Florida Statutes, to read:

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     394.462  Transportation.--

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     (4) HIV EXPOSURE.--

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

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employee of an emergency medical transport service, private

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transport company contracting with the county, or mobile crisis

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response service; or other designated agent of the county,

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

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body fluids, to which universal precautions apply as outlined in

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s. 381.004(2)(c), of a person being taken into custody for the

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purpose of delivering him or her to a receiving or treatment

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facility, hospital, community mental health center, or other

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facility authorized to provide mental health evaluations or

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services pursuant to this chapter, the law enforcement officer,

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

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person who is the source of the significant exposure undergo HIV

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testing. A sworn statement by the law enforcement officer,

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employee, or agent that a significant exposure has occurred

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constitutes probable cause for the issuance of the order by the

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

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within 48 hours after the issuance of the court order.

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

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381.004.

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

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

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after the receipt of the test results.

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

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subsequent court proceeding involving the person being

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transported.

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

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medical transport service, private transport company contracting

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

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

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comes into contact with or is exposed to body fluids, to which

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universal precautions apply as outlined in s. 381.004(2)(c), of a

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person being transported pursuant to this section and who

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requests HIV testing may obtain such test from his or her

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respective county health department at no cost.

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

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Statutes, is amended to read:

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

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     (21)  "Residential treatment center for children and

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

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therapeutic group home, which provides mental health services to

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emotionally disturbed children or adolescents as defined in s.

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

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profit corporation licensed by the Agency for Health Care

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Administration under contract with the department which offers a

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variety of treatment modalities in a more restrictive setting.

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

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read:

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     394.674 Clinical Eligibility for publicly funded substance

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

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

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

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

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target groups approved by the Legislature, pursuant to s.

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216.0166. The priority populations include:

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     (a) For adult mental health services:

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

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designated by the department using criteria which include

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

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independently perform activities of daily living, and receipt of

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disability income for a psychiatric condition. Within this group

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priority populations include:

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     a. Older adults in crisis.

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

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restrictive environment because of their mental illness.

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     c. Individuals deemed incompetent to proceed or not guilty

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by reason of insanity under chapter 916.

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     d. Other individuals with criminal justice involvement.

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     e. Individuals who have co-occurring mental illness and

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substance use disorders.

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     2. Adults experiencing an acute mental or emotional crisis

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as defined in s. 394.67(17).

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     (b) For children's mental health services:

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     1. Children who have a serious emotional disturbance.

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     2. Children who have an emotional disturbance.

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     3. Children who are at risk of emotional disturbance.

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     (c) For substance abuse services:

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     1. Adults who have substance use disorders and have a

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history of intravenous drug use.

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     2. Persons dually diagnosed as having co-occurring

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substance abuse and mental health disorders.

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     3. Parents putting children at risk due to a substance

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abuse disorder.

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     4. Persons who have a substance abuse disorder and have

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been ordered by the court to receive treatment.

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     5. Children at risk for initiating drug use.

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     6. Children under state supervision.

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

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

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agency.

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     8. Persons identified as a priority population as a

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condition of the receipt of the Substance Abuse Block Grant.

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

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the limitations of available state and local matching resources,

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be available to each person who is eligible for services under

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

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such services. A person who is experiencing a mental health

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crisis and who does not meet the criteria for involuntary

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

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a substance abuse crisis and who does not meet the involuntary

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

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

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

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contraindicated because of the crisis situation.

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

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

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limitations of available state and local matching resources, be

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available to each person who is eligible for services under

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

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her care and treatment pursuant to the sliding fee scale

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developed under subsection (4).

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     (4) The department shall adopt rules relating to client

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implement the clinical eligibility, client enrollment, and fee

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collection requirements for publicly funded substance abuse and

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mental health services. The rules must require that each provider

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under contract with the department which enrolls eligible persons

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into treatment to develop a sliding fee scale for persons who

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

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Poverty Income Guidelines, unless otherwise required by state or

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

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of discounts by which a provider under contract with the

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department discounts its established client charges for services

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

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

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

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

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providers in developing the schedule of discounts for the sliding

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

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treatment, such as residential and inpatient treatment, in order

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

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or her mental health or substance abuse care without jeopardizing

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

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

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of the Federal Poverty Income Guidelines must pay a portion of

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his or her treatment costs which is comparable to the copayment

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amount required by the Medicaid program for Medicaid clients

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

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receive financial assistance from the Federal Government because

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of a disability and are in long-term residential treatment

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settings contribute to their board and care costs and treatment

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

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     (5)  A person who meets the eligibility criteria in

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

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district substance abuse and mental health services plan

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specified in s. 394.75 and within available resources.

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     (6) The department may adopt rules to administer this

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section.

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     Section 5.  Section 394.4996, Florida Statutes, is created

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to read:

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     394.4996 Integrated adult mental health crisis

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stabilization and addictions receiving facilities.--

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

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Administration, in consultation with the Department of Children

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and Family Services, may license facilities that integrate

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services provided in an adult mental health crisis stabilization

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unit with services provided in an adult addictions receiving

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

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adult crisis stabilization unit under part IV and shall meet all

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licensure requirements for crisis stabilization units providing

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integrated services.

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     (2) An integrated mental health crisis stabilization unit

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and addictions receiving facility may provide services under this

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

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more of the following categories:

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     (a) An adult meeting the requirements for voluntary

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admission for mental health treatment under s. 394.4625.

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     (b) An adult meeting the criteria for involuntary

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examination for mental illness under s. 394.463.

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     (c) An adult qualifying for voluntary admission for

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substance abuse treatment under s. 397.601.

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     (d) An adult meeting the criteria for involuntary admission

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for substance abuse impairment under s. 397.675.

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

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adopt by rule standards that address eligibility criteria;

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clinical procedures; staffing requirements; operational,

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administrative, and financing requirements; and the investigation

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of complaints. Standards that are implemented specific to

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substance abuse treatment services shall meet or exceed existing

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standards for addiction receiving facilities.

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

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Statutes, is amended to read:

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     553.80  Enforcement.--

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

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local government and each legally constituted enforcement

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district with statutory authority shall regulate building

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

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legislation, each state agency shall enforce the Florida Building

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

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structures, and facilities, unless such responsibility has been

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

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     (a)  Construction regulations relating to correctional

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facilities under the jurisdiction of the Department of

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Corrections and the Department of Juvenile Justice are to be

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enforced exclusively by those departments.

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     (b)  Construction regulations relating to elevator equipment

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under the jurisdiction of the Bureau of Elevators of the

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Department of Business and Professional Regulation shall be

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enforced exclusively by that department.

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     (c) Construction regulations relating to secure mental

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health treatment facilities under the jurisdiction of the

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Department of Children and Family Services and secure mental

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health treatment facilities licensed under chapter 395 by the

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Agency for Health Care Administration shall be enforced

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exclusively by that department and the agency.

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

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this section, facilities subject to the provisions of chapter 395

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

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construction surveyed by the state agency authorized to do so

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

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and the certification requirements of the Federal Government.

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

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state-approved manufactured buildings, including buildings

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manufactured and assembled offsite and not intended for

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

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exempt from local code enforcing agency plan reviews except for

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provisions of the code relating to erection, assembly, or

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

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the site are subject to local permitting and inspections. Lawn

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storage buildings and storage sheds bearing the insignia of

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

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

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

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

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state universities, and community colleges shall be enforced as

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provided in subsection (6).

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

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collection facilities under the jurisdiction of the turnpike

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enterprise of the Department of Transportation shall be enforced

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exclusively by the turnpike enterprise.

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The governing bodies of local governments may provide a schedule

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

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

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

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responsibilities in enforcing the Florida Building Code. The

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authority of state enforcing agencies to set fees for enforcement

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

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However, nothing contained in this subsection does not shall

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operate to limit such agencies from adjusting their fee schedule

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in conformance with existing authority.

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

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read:

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     916.111  Training of mental health experts.--The evaluation

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

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

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as to ensure uniform application of the criteria enumerated in

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Rules 3.210 and 3.216, Florida Rules of Criminal Procedure.

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     (1) A forensic evaluator training course approved by the

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department must be provided at least annually to ensure that

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mental health professionals have the opportunity to be placed on

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the department's forensic evaluator registry.

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

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registry if they have completed or retaken the required training

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

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required training within the previous 5 years shall be removed

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

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     (b) A mental health professional who has completed the

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training course within the previous 5 years is responsible for

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maintaining documentation of completion of the required training

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and providing the department with current contact information.

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

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accredited institutions:

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     (a)(1) To provide:

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

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perform forensic evaluations and to standardize the criteria and

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procedures to be used in these evaluations;

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

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criteria of Rules 3.210 and 3.216, Florida Rules of Criminal

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Procedure; and

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

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application of these protocols and procedures in performing

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forensic evaluations and providing reports to the courts; and

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

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for evaluating the success of this program, including the number

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

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effect on the quality of forensic evaluations as measured by

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appropriateness of admissions to state forensic facilities and to

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community-based care programs.

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

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Statutes, is amended to read:

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     916.115  Appointment of experts.--

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

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

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including competency to proceed, insanity, involuntary placement,

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

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in another appropriate local facility or in a facility of the

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Department of Corrections.

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

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shall have completed forensic evaluator training as provided in

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

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psychiatrist, licensed psychologist, or physician.

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     (b) Graduate students completing a practicum or internship,

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psychological specialists or counselors, and postdoctoral fellows

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

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the evaluation process as long as their reports are overseen and

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signed by a supervising evaluator who has completed forensic

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evaluator training within the previous 5 years.

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

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the courts with a forensic evaluator registry list of available

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mental health professionals who have completed the approved

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training as experts.

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

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read:

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     916.13  Involuntary commitment of defendant adjudicated

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incompetent.--

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

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custody of the Department of Corrections, a Every defendant who

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is charged with a felony and who is adjudicated incompetent to

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proceed may be involuntarily committed for treatment upon a

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finding by the court of clear and convincing evidence that:

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

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mental illness:

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     1.  The defendant is manifestly incapable of surviving alone

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

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including available alternative services, and, without treatment,

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

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

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

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being; or

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     2.  There is a substantial likelihood that in the near

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future the defendant will inflict serious bodily harm on herself

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or himself or another person, as evidenced by recent behavior

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causing, attempting, or threatening such harm;

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     (b)  All available, less restrictive treatment alternatives,

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including treatment in community residential facilities or

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community inpatient or outpatient settings, which would offer an

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opportunity for improvement of the defendant's condition have

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been judged to be inappropriate; and

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     (c)  There is a substantial probability that the mental

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illness causing the defendant's incompetence will respond to

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treatment and the defendant will regain competency to proceed in

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the reasonably foreseeable future.

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

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who has been adjudicated incompetent to proceed due to mental

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illness, and who meets the criteria for involuntary commitment to

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the department under the provisions of this chapter, may be

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committed to the department, and the department shall retain and

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

381

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

382

or at any time the administrator or designee shall have

383

determined that the defendant has regained competency to proceed

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or no longer meets the criteria for continued commitment, the

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administrator or designee shall file a report with the court

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pursuant to the applicable Florida Rules of Criminal Procedure.

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

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

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

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Florida Rules of Criminal Procedure, and who has been adjudicated

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incompetent to proceed due to mental illness shall be retained in

392

the physical custody of the Department of Corrections and the

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department shall administer a lesson plan for competency

394

restoration training provided by the Department of Children and

395

Family Services. Within 6 months after the administration of the

396

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

397

Department of Children and Family Services determines that the

398

defendant has regained competency to proceed, the Department of

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Children and Family Services shall file a report with the court

400

pursuant to the applicable Florida Rules of Criminal Procedure.

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     (c) Within 15 days after the court receives notification

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

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criteria for continued commitment, the defendant shall be

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

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purpose of holding a competency hearing.

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

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a court receives notification that the defendant is competent to

408

proceed.

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

410

read:

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     916.15  Involuntary commitment of defendant adjudicated not

412

guilty by reason of insanity.--

413

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

414

by reason of insanity shall be determined in accordance with Rule

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3.217, Florida Rules of Criminal Procedure.

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

417

custody of the Department of Corrections, a defendant who is

418

acquitted of criminal charges because of a finding of not guilty

419

by reason of insanity may be involuntarily committed pursuant to

420

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

421

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

422

others.

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

424

custody of the Department of Corrections, a Every defendant

425

acquitted of criminal charges by reason of insanity and found to

426

meet the criteria for involuntary commitment may be committed and

427

treated in accordance with the provisions of this section and the

428

applicable Florida Rules of Criminal Procedure. The department

429

shall admit a defendant so adjudicated to an appropriate facility

430

or program for treatment and shall retain and treat such

431

defendant.

432

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

433

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

434

or at any time the administrator or designee has shall have

435

determined that the defendant no longer meets the criteria for

436

continued commitment placement, the administrator or designee

437

shall file a report with the court pursuant to the applicable

438

Florida Rules of Criminal Procedure.

439

     (b) Within 15 days after the court receives notification

440

that the defendant no longer meets the criteria for continued

441

commitment placement, the defendant shall, pursuant to s.

442

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

443

holding a commitment hearing.

444

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

445

the court receives notification that the defendant no longer

446

meets the criteria for continued commitment placement.

447

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

448

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

449

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

450

insanity shall be retained in the physical custody of the

451

Department of Corrections for the remainder of his or her

452

sentence. Within 30 days before the defendant's anticipated

453

release date, the Department of Children and Family Services

454

shall evaluate the defendant and file a report with the court

455

requesting that the defendant be returned to the court's

456

jurisdiction to determine if the defendant continues to meet the

457

criteria for continued commitment placement.

458

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

459

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

460

the committing court. Evidence at such hearing may be presented

461

by the hospital administrator or the administrator's designee as

462

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

463

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

464

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

465

public defender shall represent the defendant. The parties shall

466

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

467

and may interview or depose personnel who have had contact with

468

the defendant at the treating facilities.

469

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

470

section 985.19, Florida Statutes, are amended to read:

471

     985.19  Incompetency in juvenile delinquency cases.--

472

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

473

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

474

petition may be incompetent to proceed with the hearing, the

475

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

476

attorney or state attorney must, stay all proceedings and order

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an evaluation of the child's mental condition.

478

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

479

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

480

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

481

three experts appointed by the court. The basis for the

482

determination of incompetency must be specifically stated in the

483

evaluation and shall be conducted in compliance with uniform

484

procedures relating to competency to proceed and evaluation

485

criteria. In addition, a recommendation as to whether residential

486

or nonresidential treatment or training is required must be

487

included in the evaluation. Experts appointed by the court to

488

determine the mental condition of a child shall be allowed

489

reasonable fees for services rendered. State employees may be

490

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

491

costs in the case.

492

     (d) Appointed experts shall have completed forensic

493

evaluator training approved by the Department of Children and

494

Family Services within 5 years before conducting evaluations for

495

the court, and each shall be a psychiatrist, licensed

496

psychologist, or physician.

497

     1.(d) For incompetency evaluations related to mental

498

illness, the Department of Children and Family Services shall

499

maintain and annually provide the courts with a list of available

500

mental health professionals who have completed a training program

501

approved by the Department of Children and Family Services to

502

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

503

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

504

forensic evaluator training within the previous 5 years. Those

505

who have not completed the required training within the previous

506

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

507

evaluations for the courts.

508

     2. Experts are responsible for maintaining documentation of

509

completion of the required training and providing the department

510

with current contact information.

511

     Section 12. The Department of Children and Family Services

512

and the Agency for Health Care Administration, in consultation

513

with the Florida Substance Abuse and Mental Health Corporation

514

and the Criminal Justice, Mental Health, and Substance Abuse

515

Technical Assistance Center, shall prepare a plan relating to the

516

provision and management of mental health services for

517

consideration by the Legislature.

518

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

519

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

520

of mental health services and recommendations that will improve

521

the coordination of services at the local and state level,

522

maximize the use of resources, and inform and link target

523

populations with available services.

524

     (b) A review and evaluation of, and recommendations

525

concerning, the development of methodologies to accurately

526

estimate target populations for mental health services, the

527

service needs of each target population, and the availability of

528

services.

529

     (c) Proposed guidelines for the development and

530

implementation of community-based mental health programs and

531

services that reduce the likelihood of future involvement with

532

the criminal justice system.

533

     (d) Proposed guidelines for the development and

534

implementation of programs and services that facilitate the

535

transition and successful reentry into the community by providing

536

a continuum of mental health services to persons released from

537

criminal justice or forensic facilities.

538

     (e) Recommended performance measures and reporting

539

requirements for state and local programs and services specified

540

in paragraphs (c) and (d).

541

     (f) Proposed guidelines and strategies for providing a

542

continuum of care to persons receiving competency restoration

543

services.

544

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

545

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

546

Representatives by January 1, 2010.

547

     Section 13. The Office of Program Policy Analysis and

548

Government Accountability shall conduct a study and make

549

recommendations relating to mental health services by January

550

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

551

     (1) Mental health courts in this state compared with

552

similar courts in other states.

553

     (2) Mental health funding in this state compared with

554

mental health funding in other states.

555

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

556

health services in other states.

557

     (4) Mental health diversion programs in this state compared

558

with similar programs in other states.

559

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

560

561

================ T I T L E  A M E N D M E N T ================

562

And the title is amended as follows:

563

     Delete everything before the enacting clause

564

and insert:

565

A bill to be entitled

566

An act relating to mental health and substance abuse;

567

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

568

for all personnel who work with persons with mental

569

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

570

testing of persons being transported for mental health

571

services upon the request of law enforcement officers or

572

other designated agents who come into contact with the

573

person's body fluids; requiring the county health

574

department to provide HIV testing at no cost to such

575

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

576

obsolete reference to a corporation's contract with the

577

Department of Children and Family Services and adding a

578

reference to a corporation's licensure by the Agency for

579

Health Care Administration to the definition of

580

residential treatment center for children and adolescents;

581

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

582

populations who are eligible for services funded by the

583

Department of Children and Family Services; authorizing

584

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

585

authorizing the department to establish facilities that

586

provide services as an integrated adult mental health

587

crisis stabilization unit and addictions receiving

588

facility; requiring licensure; providing eligibility

589

criteria for treatment services; authorizing the

590

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

591

requiring that local construction regulations for secure

592

mental health treatment facilities be enforced by the

593

department or the Agency for Health Care Administration;

594

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

595

evaluator training course be provided annually in order

596

for mental health experts to be placed on the forensic

597

evaluator registry; providing that mental health

598

professionals that have taken the course within the last 5

599

years remain on the registry; requiring mental health

600

professionals on the registry to maintain training course

601

documentation and provide the department with current

602

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

603

persons who are supervised by a person who has taken the

604

forensic evaluator training course to assist in the

605

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

606

requiring defendants in the custody of the Department of

607

Corrections who are adjudicated incompetent to remain in

608

the custody of the Department of Corrections and receive

609

treatment from the department; requiring the Department of

610

Children and Family Services to determine whether the

611

inmate has regained competency; providing timelines for

612

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

613

timeline for holding a commitment hearing for defendants

614

who no longer meet the criteria for continued commitment

615

by reason of insanity; providing an exception for

616

defendants in the custody of the Department of

617

Corrections; requiring defendants in the custody of the

618

Department of Corrections who are charged with a new

619

felony and found not guilty by reason of insanity to

620

remain in the department's custody for the remainder of

621

their sentence; requiring the Department of Children and

622

Family Services to evaluate the inmate and file a report

623

with the court requesting a hearing for determining

624

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

625

requiring that experts appointed in juvenile incompetent-

626

to-proceed cases be a psychiatrist, licensed psychologist,

627

or physician and have completed the forensic evaluator

628

training within 5 years prior to conducting evaluations

629

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

630

experts who have completed or retaken the course within

631

the last 5 years remain on the registry; requiring experts

632

on the registry to maintain training course documentation

633

and provide the Department of Children and Family Services

634

with current information; requiring the Department of

635

Children and Family Services and the Agency for Health

636

Care Administration to prepare a mental health plan to be

637

submitted to the Legislature and the Governor; requiring a

638

study by the Office of Program Policy Analysis and

639

Governmental Accountability on mental health issues;

640

providing an effective date.

4/25/2008  10:59:00 AM     10-08719-08seg1