Florida Senate - 2018 CS for CS for SB 960
By the Committees on Appropriations; and Children, Families, and
Elder Affairs; and Senator Baxley
576-03295-18 2018960c2
1 A bill to be entitled
2 An act relating to mental health and substance abuse;
3 amending s. 397.321, F.S.; deleting a provision
4 requiring the Department of Children and Families to
5 develop a certification process by rule for community
6 substance abuse prevention coalitions; amending s.
7 397.403, F.S.; excluding certain substance abuse
8 programs from specified licensure requirements;
9 amending ss. 916.13 and 916.15, F.S.; requiring the
10 department to request a defendant’s medical
11 information from a jail within a certain timeframe
12 after receiving a commitment order and other required
13 documentation; requiring the jail to provide such
14 information within a certain timeframe; requiring the
15 continued administration of psychotropic medication to
16 a defendant if he or she is receiving such medication
17 at a mental health facility at the time that he or she
18 is discharged and transferred to the jail; providing
19 an exception; requiring the jail and department
20 physicians to collaborate on a defendant’s medication
21 changes for certain purposes; specifying that the jail
22 physician has the final authority regarding the
23 administering of medication to an inmate; providing an
24 effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (16) of section 397.321, Florida
29 Statutes, is amended to read:
30 397.321 Duties of the department.—The department shall:
31 (16) Develop a certification process by rule for community
32 substance abuse prevention coalitions.
33 Section 2. Subsection (3) of section 397.403, Florida
34 Statutes, is amended to read:
35 397.403 License application.—
36 (3) Applications for licensure renewal must include proof
37 of application for accreditation for each licensed service
38 component providing clinical treatment by an accrediting
39 organization that is acceptable to the department for the first
40 renewal, and proof of accreditation for any subsequent renewals.
41 This subsection does not apply to inmate substance abuse
42 programs operated by or under exclusive contract with the
43 Department of Corrections or jails.
44 Section 3. Subsection (2) of section 916.13, Florida
45 Statutes, is amended to read:
46 916.13 Involuntary commitment of defendant adjudicated
47 incompetent.—
48 (2) A defendant who has been charged with a felony, and who
49 has been adjudicated incompetent to proceed due to mental
50 illness, and who meets the criteria for involuntary commitment
51 under this chapter, may be committed to the department, and the
52 department shall retain and treat the defendant. Within 2
53 business days after receipt of a commitment order and other
54 required documents as stipulated in rule, the department must
55 request from the jail any and all medical information pertaining
56 to the defendant. Within 3 business days after receipt of such a
57 request, the jail shall provide such information to the
58 department.
59 (a) Within 6 months after the date of admission and at the
60 end of any period of extended commitment, or at any time the
61 administrator or his or her designee determines that the
62 defendant has regained competency to proceed or no longer meets
63 the criteria for continued commitment, the administrator or
64 designee shall file a report with the court pursuant to the
65 applicable Florida Rules of Criminal Procedure.
66 (b) A competency hearing must shall be held within 30 days
67 after the court receives notification that the defendant is
68 competent to proceed or no longer meets the criteria for
69 continued commitment. The defendant must be transported to the
70 committing court’s jurisdiction for the hearing. If the
71 defendant is receiving psychotropic medication at a mental
72 health facility at the time he or she is discharged and
73 transferred to the jail, the administering of such medication
74 must continue unless the jail physician documents the need to
75 change or discontinue it. The jail and department physicians
76 shall collaborate to ensure that medication changes do not
77 adversely affect the defendant’s mental health status or his or
78 her ability to continue with court proceedings; however, the
79 final authority regarding the administering of medication to an
80 inmate in jail rests with the jail physician.
81 Section 4. Subsections (3) and (5) of section 916.15,
82 Florida Statutes, are amended to read:
83 916.15 Involuntary commitment of defendant adjudicated not
84 guilty by reason of insanity.—
85 (3) Every defendant acquitted of criminal charges by reason
86 of insanity and found to meet the criteria for involuntary
87 commitment may be committed and treated in accordance with the
88 provisions of this section and the applicable Florida Rules of
89 Criminal Procedure. The department shall admit a defendant so
90 adjudicated to an appropriate facility or program for treatment
91 and shall retain and treat such defendant. No later than 6
92 months after the date of admission, prior to the end of any
93 period of extended commitment, or at any time that the
94 administrator or his or her designee determines shall have
95 determined that the defendant no longer meets the criteria for
96 continued commitment placement, the administrator or designee
97 shall file a report with the court pursuant to the applicable
98 Florida Rules of Criminal Procedure. Within 2 business days
99 after receipt of a commitment order and other required documents
100 as stipulated in rule, the department must request from the jail
101 any and all medical information pertaining to the defendant.
102 Within 3 business days after receipt of such a request, the jail
103 shall provide such information to the department.
104 (5) The commitment hearing shall be held within 30 days
105 after the court receives notification that the defendant no
106 longer meets the criteria for continued commitment. The
107 defendant must be transported to the committing court’s
108 jurisdiction for the hearing. If the defendant is receiving
109 psychotropic medication at a mental health facility at the time
110 he or she is discharged and transferred to the jail, the
111 administering of such medication must continue unless the jail
112 physician documents the need to change or discontinue it. The
113 jail and department physicians shall collaborate to ensure that
114 medication changes do not adversely affect the defendant’s
115 mental health status or his or her ability to continue with
116 court proceedings; however, the final authority regarding the
117 administering of medication to an inmate in jail rests with the
118 jail physician.
119 Section 5. This act shall take effect July 1, 2018.