Florida Senate - 2008 SENATOR AMENDMENT

Bill No. HB 7085

378566

CHAMBER ACTION

Senate

Floor: 1/RE/2R

4/28/2008 12:25 PM

House

Senator Storms moved the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

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

Statutes, is amended to read:

394.4572 Screening of mental health personnel.--

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

Administration shall require employment screening for mental

health personnel using the standards for level 2 screening set

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

program directors, professional clinicians, staff members, and

volunteers working in public or private mental health programs

and facilities who have direct contact with unmarried patients

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

employment screening of mental health personnel shall also

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

under chapter 435.

(b) Students in the health care professions who are

interning in a mental health facility licensed under chapter 395,

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

minors, are exempt from the fingerprinting and screening

requirements, provided they are under direct supervision in the

actual physical presence of a licensed health care professional.

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

contact with patients or who are health care professionals

licensed by the Agency for Health Care Administration or a board

thereunder are exempt from the fingerprinting and screening

requirements, except for persons working in mental health

facilities where the primary purpose of the facility is the

treatment of minors.

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

less than 40 hours per month is exempt from the fingerprinting

and screening requirements, provided the volunteer is under

direct and constant supervision by persons who meet the screening

requirements of paragraph (a).

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

Florida Statutes, to read:

394.462 Transportation.--

(4) HIV EXPOSURE.--

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

employee of an emergency medical transport service, private

transport company contracting with the county, or mobile crisis

response service; or other designated agent of the county,

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

body fluids, to which universal precautions apply as outlined in

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

purpose of delivering him or her to a receiving or treatment

facility, hospital, community mental health center, or other

facility authorized to provide mental health evaluations or

services pursuant to this chapter, the law enforcement officer,

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

person who is the source of the significant exposure undergo HIV

testing. A sworn statement by the law enforcement officer,

employee, or agent that a significant exposure has occurred

constitutes probable cause for the issuance of the order by the

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

within 48 hours after the issuance of the court order.

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

381.004.

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

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

after the receipt of the test results.

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

subsequent court proceeding involving the person being

transported.

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

medical transport service, private transport company contracting

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

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

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

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

person being transported pursuant to this section and who

requests HIV testing may obtain such test from his or her

respective county health department at no cost.

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

Statutes, is amended to read:

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

(21) "Residential treatment center for children and

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

therapeutic group home, which provides mental health services to

emotionally disturbed children or adolescents as defined in s.

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

profit corporation licensed by the Agency for Health Care

Administration under contract with the department which offers a

variety of treatment modalities in a more restrictive setting.

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

read:

394.674 Clinical Eligibility for publicly funded substance

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

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

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

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

target groups approved by the Legislature, pursuant to s.

216.0166. The priority populations include:

(a) For adult mental health services:

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

100

designated by the department using criteria which include

101

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

102

independently perform activities of daily living, and receipt of

103

disability income for a psychiatric condition. Within this group

104

priority populations include:

105

a. Older adults in crisis.

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

107

restrictive environment because of their mental illness.

108

c. Individuals deemed incompetent to proceed or not guilty

109

by reason of insanity under chapter 916.

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d. Other individuals with criminal justice involvement.

111

e. Individuals who have co-occurring mental illness and

112

substance use disorders.

113

2. Adults experiencing an acute mental or emotional crisis

114

as defined in s. 394.67(17).

115

(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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1. Adults who have substance use disorders and have a

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history of intravenous drug use.

122

2. Persons dually diagnosed as having co-occurring

123

substance abuse and mental health disorders.

124

3. Parents putting children at risk due to a substance

125

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

132

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.

135

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

136

the limitations of available state and local matching resources,

137

be available to each person who is eligible for services under

138

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

139

such services. A person who is experiencing a mental health

140

crisis and who does not meet the criteria for involuntary

141

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

143

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

144

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

145

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

146

contraindicated because of the crisis situation.

147

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

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

149

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

152

her care and treatment pursuant to the sliding fee scale

153

developed under subsection (4).

154

(4) The department shall adopt rules relating to client

155

implement the clinical eligibility, client enrollment, and fee

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collection requirements for publicly funded substance abuse and

157

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

161

Poverty Income Guidelines, unless otherwise required by state or

162

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

163

of discounts by which a provider under contract with the

164

department discounts its established client charges for services

165

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.

168

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

169

providers in developing the schedule of discounts for the sliding

170

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

171

treatment, such as residential and inpatient treatment, in order

172

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

173

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

176

of the Federal Poverty Income Guidelines must pay a portion of

177

his or her treatment costs which is comparable to the copayment

178

amount required by the Medicaid program for Medicaid clients

179

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

182

settings contribute to their board and care costs and treatment

183

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

184

(5) A person who meets the eligibility criteria in

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

186

district substance abuse and mental health services plan

187

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

191

to read:

192

394.4996 Integrated adult mental health crisis

193

stabilization and addictions receiving facilities.--

194

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

195

Administration, in consultation with the Department of Children

196

and Family Services, may license facilities that integrate

197

services provided in an adult mental health crisis stabilization

198

unit with services provided in an adult addictions receiving

199

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

202

integrated services.

203

(2) An integrated mental health crisis stabilization unit

204

and addictions receiving facility may provide services under this

205

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

206

more of the following categories:

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(a) An adult meeting the requirements for voluntary

208

admission for mental health treatment under s. 394.4625.

209

(b) An adult meeting the criteria for involuntary

210

examination for mental illness under s. 394.463.

211

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substance abuse treatment under s. 397.601.

213

(d) An adult meeting the criteria for involuntary admission

214

for substance abuse impairment under s. 397.675.

215

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

216

adopt by rule standards that address eligibility criteria;

217

clinical procedures; staffing requirements; operational,

218

administrative, and financing requirements; and the investigation

219

of complaints. Standards that are implemented specific to

220

substance abuse treatment services shall meet or exceed existing

221

standards for addiction receiving facilities.

222

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

223

Statutes, is amended to read:

224

553.80 Enforcement.--

225

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

226

local government and each legally constituted enforcement

227

district with statutory authority shall regulate building

228

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

229

legislation, each state agency shall enforce the Florida Building

230

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

231

structures, and facilities, unless such responsibility has been

232

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

233

(a) Construction regulations relating to correctional

234

facilities under the jurisdiction of the Department of

235

Corrections and the Department of Juvenile Justice are to be

236

enforced exclusively by those departments.

237

(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.

241

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health treatment facilities under the jurisdiction of the

243

Department of Children and Family Services and secure mental

244

health treatment facilities licensed under chapter 395 by the

245

Agency for Health Care Administration shall be enforced

246

exclusively by that department and the agency.

247

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

248

this section, facilities subject to the provisions of chapter 395

249

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

250

construction surveyed by the state agency authorized to do so

251

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

252

and the certification requirements of the Federal Government.

253

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

254

state-approved manufactured buildings, including buildings

255

manufactured and assembled offsite and not intended for

256

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

257

exempt from local code enforcing agency plan reviews except for

258

provisions of the code relating to erection, assembly, or

259

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

260

the site are subject to local permitting and inspections. Lawn

261

storage buildings and storage sheds bearing the insignia of

262

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

263

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

264

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

265

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

266

state universities, and community colleges shall be enforced as

267

provided in subsection (6).

268

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

269

collection facilities under the jurisdiction of the turnpike

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enterprise of the Department of Transportation shall be enforced

271

exclusively by the turnpike enterprise.

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The governing bodies of local governments may provide a schedule

274

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

275

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

276

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

277

responsibilities in enforcing the Florida Building Code. The

278

authority of state enforcing agencies to set fees for enforcement

279

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

280

However, nothing contained in this subsection does not shall

281

operate to limit such agencies from adjusting their fee schedule

282

in conformance with existing authority.

283

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

284

read:

285

916.111 Training of mental health experts.--The evaluation

286

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

287

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

288

as to ensure uniform application of the criteria enumerated in

289

Rules 3.210 and 3.216, Florida Rules of Criminal Procedure.

290

(1) A forensic evaluator training course approved by the

291

department must be provided at least annually to ensure that

292

mental health professionals have the opportunity to be placed on

293

the department's forensic evaluator registry.

294

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

295

registry if they have completed or retaken the required training

296

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

297

required training within the previous 5 years shall be removed

298

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

299

(b) A mental health professional who has completed the

300

training course within the previous 5 years is responsible for

301

maintaining documentation of completion of the required training

302

and providing the department with current contact information.

303

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

304

accredited institutions:

305

(a)(1) To provide:

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

307

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

314

forensic evaluations and providing reports to the courts; and

315

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

316

for evaluating the success of this program, including the number

317

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.

321

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

322

Statutes, is amended to read:

323

916.115 Appointment of experts.--

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

325

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

326

including competency to proceed, insanity, involuntary placement,

327

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

328

in another appropriate local facility or in a facility of the

329

Department of Corrections.

330

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

331

shall have completed forensic evaluator training as provided in

332

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

333

psychiatrist, licensed psychologist, or physician.

334

(b) Graduate students completing a practicum or internship,

335

psychological specialists or counselors, and postdoctoral fellows

336

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

337

the evaluation process as long as their reports are overseen and

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signed by a supervising evaluator who has completed forensic

339

evaluator training within the previous 5 years.

340

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

341

the courts with a forensic evaluator registry list of available

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mental health professionals who have completed the approved

343

training as experts.

344

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

345

read:

346

916.13 Involuntary commitment of defendant adjudicated

347

incompetent.--

348

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

349

custody of the Department of Corrections, a Every defendant who

350

is charged with a felony and who is adjudicated incompetent to

351

proceed may be involuntarily committed for treatment upon a

352

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

354

mental illness:

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1. The defendant is manifestly incapable of surviving alone

356

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

357

including available alternative services, and, without treatment,

358

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

359

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

360

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

361

being; or

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2. There is a substantial likelihood that in the near

363

future the defendant will inflict serious bodily harm on herself

364

or himself or another person, as evidenced by recent behavior

365

causing, attempting, or threatening such harm;

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(b) All available, less restrictive treatment alternatives,

367

including treatment in community residential facilities or

368

community inpatient or outpatient settings, which would offer an

369

opportunity for improvement of the defendant's condition have

370

been judged to be inappropriate; and

371

372

illness causing the defendant's incompetence will respond to

373

treatment and the defendant will regain competency to proceed in

374

the reasonably foreseeable future.

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

376

who has been adjudicated incompetent to proceed due to mental

377

illness, and who meets the criteria for involuntary commitment to

378

the department under the provisions of this chapter, may be

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committed to the department, and the department shall retain and

380

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

384

or no longer meets the criteria for continued commitment, the

385

administrator or designee shall file a report with the court

386

pursuant to the applicable Florida Rules of Criminal Procedure.

387

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

388

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

389

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

390

Florida Rules of Criminal Procedure, and who has been adjudicated

391

incompetent to proceed due to mental illness shall be retained in

392

the physical custody of the Department of Corrections and the

393

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

399

Children and Family Services shall file a report with the court

400

pursuant to the applicable Florida Rules of Criminal Procedure.

401

402

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

403

criteria for continued commitment, the defendant shall be

404

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

405

purpose of holding a competency hearing.

406

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

407

a court receives notification that the defendant is competent to

408

proceed.

409

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

410

read:

411

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

415

3.217, Florida Rules of Criminal Procedure.

416

(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.

423

(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

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

477

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 during the 5-year effective

511

period of the required training.

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Section 12. The Department of Children and Family Services

513

and the Agency for Health Care Administration, in consultation

514

with the Florida Substance Abuse and Mental Health Corporation

515

and the Criminal Justice, Mental Health, and Substance Abuse

516

Technical Assistance Center, shall prepare a plan relating to the

517

provision and management of mental health services for

518

consideration by the Legislature.

519

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

520

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

521

of mental health services and recommendations that will improve

522

the coordination of services at the local and state level,

523

maximize the use of resources, and inform and link target

524

populations with available services.

525

(b) A review and evaluation of, and recommendations

526

concerning, the development of methodologies to accurately

527

estimate target populations for mental health services, the

528

service needs of each target population, and the availability of

529

services.

530

531

implementation of community-based mental health programs and

532

services that reduce the likelihood of future involvement with

533

the criminal justice system.

534

(d) Proposed guidelines for the development and

535

implementation of programs and services that facilitate the

536

transition and successful reentry into the community by providing

537

a continuum of mental health services to persons released from

538

criminal justice or forensic facilities.

539

(e) Recommended performance measures and reporting

540

requirements for state and local programs and services specified

541

in paragraphs (c) and (d).

542

(f) Proposed guidelines and strategies for providing a

543

continuum of care to persons receiving competency restoration

544

services.

545

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

546

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

547

Representatives by January 1, 2010.

548

Section 13. The Office of Program Policy Analysis and

549

Government Accountability shall conduct a study and make

550

recommendations relating to mental health services by January

551

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

552

(1) Mental health courts in this state compared with

553

similar courts in other states.

554

(2) Mental health funding in this state compared with

555

mental health funding in other states.

556

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

557

health services in other states.

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(4) Mental health diversion programs in this state compared

559

with similar programs in other states.

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

561

562

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

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And the title is amended as follows:

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Delete everything before the enacting clause

565

and insert:

566

A bill to be entitled

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An act relating to mental health and substance abuse;

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

569

for all personnel who work with persons with mental

570

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

571

testing of persons being transported for mental health

572

services upon the request of law enforcement officers or

573

other designated agents who come into contact with the

574

person's body fluids; requiring the county health

575

department to provide HIV testing at no cost to such

576

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

577

obsolete reference to a corporation's contract with the

578

Department of Children and Family Services and adding a

579

reference to a corporation's licensure by the Agency for

580

Health Care Administration to the definition of

581

residential treatment center for children and adolescents;

582

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

583

populations who are eligible for services funded by the

584

Department of Children and Family Services; authorizing

585

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

586

authorizing the department to establish facilities that

587

provide services as an integrated adult mental health

588

crisis stabilization unit and addictions receiving

589

facility; requiring licensure; providing eligibility

590

criteria for treatment services; authorizing the

591

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

592

requiring that local construction regulations for secure

593

mental health treatment facilities be enforced by the

594

department or the Agency for Health Care Administration;

595

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

596

evaluator training course be provided annually in order

597

for mental health experts to be placed on the forensic

598

evaluator registry; providing that mental health

599

professionals that have taken the course within the last 5

600

years remain on the registry; requiring mental health

601

professionals on the registry to maintain training course

602

documentation and provide the department with current

603

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

604

persons who are supervised by a person who has taken the

605

forensic evaluator training course to assist in the

606

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

607

requiring defendants in the custody of the Department of

608

Corrections who are adjudicated incompetent to remain in

609

the custody of the Department of Corrections and receive

610

treatment from the department; requiring the Department of

611

Children and Family Services to determine whether the

612

inmate has regained competency; providing timelines for

613

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

614

timeline for holding a commitment hearing for defendants

615

who no longer meet the criteria for continued commitment

616

by reason of insanity; providing an exception for

617

defendants in the custody of the Department of

618

Corrections; requiring defendants in the custody of the

619

Department of Corrections who are charged with a new

620

felony and found not guilty by reason of insanity to

621

remain in the department's custody for the remainder of

622

their sentence; requiring the Department of Children and

623

Family Services to evaluate the inmate and file a report

624

with the court requesting a hearing for determining

625

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

626

requiring that experts appointed in juvenile incompetent-

627

to-proceed cases be a psychiatrist, licensed psychologist,

628

or physician and have completed the forensic evaluator

629

training within 5 years prior to conducting evaluations

630

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

631

experts who have completed or retaken the course within

632

the last 5 years remain on the registry; requiring experts

633

on the registry to maintain training course documentation

634

and provide the Department of Children and Family Services

635

with current information; requiring the Department of

636

Children and Family Services and the Agency for Health

637

Care Administration to prepare a mental health plan to be

638

submitted to the Legislature and the Governor; requiring a

639

study by the Office of Program Policy Analysis and

640

Governmental Accountability on mental health issues;

641

providing an effective date.

4/23/2008 4:46:00 PM 10-08472A-08

CODING: Words stricken are deletions; words underlined are additions.