Florida 2023 2023 Regular Session

Florida House Bill H1349 Analysis / Analysis

Filed 06/22/2023

                     
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. 
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HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS  
 
BILL #: HB 1349    Mental Health Treatment 
SPONSOR(S): Melo and others 
TIED BILLS:   IDEN./SIM. BILLS: CS/SB 1412 
 
 
 
 
FINAL HOUSE FLOOR ACTION: 116 Y’s 
 
0 N’s GOVERNOR’S ACTION: Approved 
 
 
SUMMARY ANALYSIS 
HB 1349 passed the House on April 26, 2023, and subsequently passed the Senate on May 2, 2023. 
 
People requiring involuntary mental health assessment and stabilization must be taken to a receiving facility 
designated by the Department of Children and Families (DCF) as a Baker Act receiving facility. DCF 
designates and monitors mental health receiving and treatment facilities, and may suspend or withdraw a 
facility’s designation for noncompliance with department rules. A facility may not hold or treat involuntary 
patients unless it is designated by the DCF.  
 
Chapter 916, F.S., governs the state forensic system, which is a network of state facilities and community 
services for persons who have mental health issues, an intellectual disability, or autism and who are involved 
with the criminal justice system. Offenders who are charged with a felony and adjudicated incompetent to 
proceed due to mental illness, and offenders who are adjudicated not guilty by reason of insanity, may be 
involuntarily committed to state civil and forensic treatment facilities by the circuit court, or granted a 
conditional release if the person is not serving a prison sentence. The committing court retains jurisdiction over 
the defendant while the defendant is under involuntary commitment or conditional release. 
 
HB 1349 authorizes DCF to issue a conditional designation for Baker Act receiving and treatment facilities for 
up to 60 days as an alternative to suspension or withdrawal of a non-conditional designation. A conditional 
designation will allow facilities to address inspection and minor compliance issues without having to suspend 
services or reapply for a designation.   
 
The bill revises the statutory procedures for criminal defendants found incompetent to proceed, as follows: 
 Requires expert evaluators and the courts to consider alternative treatment options before ordering a 
defendant into a treatment facility; 
 Requires sheriffs to either administer or permit DCF to administer psychotropic medication therapy to 
forensic clients who are held in jail awaiting admission to a state mental health treatment facility before 
the client is admitted into the facility;  
 Requires the administrator of the treatment facility to notify the court within 60 days, instead of 6 
months, when the administrator determines that the defendant has regained competency or no longer 
meets the criteria for involuntary commitment, and requires the court to make a competency 
determination within 30 days of notification; 
 Reduces the maximum time defendants may wait to be transported out of a treatment facility from 30 
days to 7 days, once they are competent to proceed or no longer meet the criteria for continued 
commitment; and  
 Requires the forensic treatment facility to transfer the defendant back to the committing jurisdiction with 
up to 30 days of medication and to assist in discharge planning with medical teams at the receiving jail. 
 
This bill has no fiscal impact on state government, and an indeterminate, but likely insignificant impact on local 
government. 
 
The bill was approved by the Governor on June 20, 2023, ch. 2023-270, L.O.F., and will become 
effective on July 1, 2023. 
    
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I. SUBSTANTIVE INFORMATION 
 
A. EFFECT OF CHANGES:  
 
Background 
 
Baker Act 
 
The Baker Act was enacted in 1971 to revise the state’s mental health commitment laws.
1
 The Act 
provides legal procedures for voluntary and involuntary mental health examination and treatment. It 
additionally protects the rights of all individuals examined or treated for mental illness in Florida.
2
  
 
An involuntary examination is required if there is reason to believe that the person has a mental illness 
and has, because of that illness, refused involuntary examination, and is likely to refuse to care for self 
or cause harm to self or others in the near future.
3
  
 
Involuntary patients must be taken to either a public or a private facility that has been designated by the 
Department of Children and Families (DCF) as a Baker Act receiving facility. The purpose of receiving 
facilities is to receive and hold or refer, as appropriate, involuntary patients for mental health or 
substance abuse evaluation and to provide treatment or transportation to the appropriate service 
provider.
4
  
 
Designation of Receiving and Treatment Facilities and Receiving Systems 
 
DCF is authorized to designate and monitor receiving facilities,
5
 treatment facilities,
6
 and receiving 
systems.
7
 The agency is also authorized to adopt rules establishing the procedures, criteria, and 
standards for obtaining and maintaining status as a designated facility
8
 and may suspend or withdraw 
such designation for noncompliance.
9
 A facility may not hold or treat involuntary patients unless it is 
designated by the agency.  
 
Designated receiving facilities include public or private hospitals, crisis stabilization units (CSU),
10
 or 
addictions receiving facilities that provide, at a minimum, emergency screening, evaluation, and short-
term stabilization for mental health or substance abuse disorders, and which may have an agreement 
with a corresponding facility for transportation and services.
11
  
 
Treatment facilities are state-owned, state-operated, or state-supported hospitals, centers, or clinics 
designated by DCF for extended treatment and hospitalization, beyond that provided for by a receiving 
facility, of persons who have a mental illness. This includes federal and private facilities designated by 
the department to provide such services.
12
  
 
A public facility is a facility that has contracted with DCF and receives state funds to provide mental 
health services to all persons, regardless of the ability to pay.
13
 A private facility is a hospital or facility 
                                                
1
 Ss. 394.451-394.47892, F.S. 
2
 S. 394.459, F.S. 
3
 S. 394.463(1), F.S. 
4
 S. 394.455(39), F.S. This term does not include a county jail. 
5
 S. 394.455(13), F.S. 
6
 S. 394.455(49), F.S. 
7
 Ss. 394.461 and 394.4573, F.S. 
8
 S. 394.461(6), F.S. 
9
 S. 394.461, F.S. 
10
 A crisis stabilization unit is a program that provides an alternative to inpatient hospitalization and that provides brief, intensive 
services 24 hours a day, 7 days a week, for mentally ill individuals who are in an acutely disturbed state. See s. 394.67, F.S. 
11
 S. 394.455(13), F.S. 
12
 S. 394.455(49), F.S. Patients treated in facilities of the United States Government shall be solely those whose care is the 
responsibility of the United States Department of Veterans Affairs. 
13
 S. 394.455(38), F.S.   
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operated by a for-profit or not-for-profit corporation or association which provides mental health or 
substance abuse services.
14
 Private facilities do not receive state funds. There are currently 126 public 
and private designated receiving facilities in Florida.
15
 
 
 Receiving Facility Designation Process 
 
To be eligible to apply for designation as a receiving facility, the facility must be a hospital licensed 
under chapter 395 or a substance abuse or mental health facility licensed under chapter 394, Part IV.
16
 
All designated facilities are required to provide emergency services, consistent with their facility’s 
licensure to persons regardless of age, unless statutory or regulatory exceptions apply for specific 
circumstances for designation.
17
  
 
To apply for designation, each applicant must complete and submit an application and provide the 
required supporting documentation, which includes:
18
 
 A copy of the facility’s license issued pursuant to Chapter 394 or 395, F.S., evidencing its 
eligibility to apply for designation; 
 A current certificate of good standing for the applicant organization issued by the Florida 
Secretary of State; 
 Documentation of the applicant’s governing authority action authorizing the application for 
designation; 
 Description of proposed psychiatric services including any distinct programs to be provided to 
each of the following consumer age groups, and the projected numbers of persons to be served 
in each following group: 
o Minors below 10 years of age, 
o Minors ages 10-17 years, 
o Adults, 
o Persons 60 or more years of age; and, 
o Other specific populations. 
 The corresponding street address for each reception and treatment location providing services. 
Designation is limited to only the locations specified in the application and approved by DCF; 
 Documentation of community need for maintaining or expanding the present level of designated 
facilities’ services to meet the existing need, and why the applicant is best suited to meet this 
need; 
 Documentation of key facility protocols to assure all involved practitioners and staff are 
knowledgeable of, and implement, persons’ legal rights, psychiatric care, records standards, 
complaint reporting, investigation and reviews to maintain a consistently high level of 
compliance with applicable Baker Act laws, ethical principles, and rights protections; 
 Description of how the facility’s physical structure, staffing and policies offer frequent, if not 
daily, opportunity for persons to have exercise, fresh air and sunshine, except as individually 
restricted and documented in the person’s clinical record and within the physical limitations of 
the facility; 
 Description of how the facility’s discharge planning policies provide for continuity of psychotropic 
medication availability until post-discharge follow-up services are scheduled; and 
 For general hospitals, a description of the means utilized to create or approximate a distinct 
psychiatric emergency reception and triage area that minimizes individuals’ exposure to undue 
and exacerbating environmental stresses while awaiting or receiving services. 
 
                                                
14
 S. 394.455(35), F.S. 
15
 DCF, Agency Bill Analysis HB 1349 (2023), p. 2 (on file with the House Children, Families, & Seniors Subcommittee). 
16
 Rule 65E-5.350, F.A.C. 
17
 Id. 
18
 Id.   
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Designation as a receiving facility is valid for three years and may be renewed by submitting a renewal 
application along with the required documentation at least 90 days prior to the expiration of the existing 
designation.
19
 
 
 Standards for Designated Receiving Facilities 
 
Designated receiving facilities must comply with the following minimum standards:
20
 
 Have policies and procedures that prescribe, monitor and enforce all applicable regulatory 
requirements; 
 Assure that the facility’s reception, screening, and inpatient services are fully operational 24-
hours-per-day, 7-days-per-week; 
 Have a compliance program that monitors facility and professional compliance with Chapter 
394, Part I, F.S. Every such program shall specifically monitor the adequacy of and the 
timeframes involved in the facility procedures utilized to expedite obtaining informed consent for 
treatment. This program may be integrated with other activities; and 
 Ensure the centralized provision and coordination of acute care services for eligible individuals 
with an acute mental illness, if a public receiving facility that is affiliated with a publicly funded 
community mental health center. 
  
Any facility designated as a receiving facility that fails to comply with the statutory and regulatory 
requirements may have its designation suspended or withdrawn for noncompliance.
21
  
 
Under current law, DCF is only authorized to suspend or withdraw a facility’s designation for 
compliance violations. As a result, a facility’s designation may be suspended or withdrawn while the 
facility works to correct inspection violations or other issues that generally are not serious threats to 
health and safety such as lack of and deficiencies in staff training, outdated policies and procedures, 
and documentation deficiencies. In circumstances where a provider is the only available public 
receiving facility in a county or geographic area, “suspending” or “withdrawing” the designation based 
on an inspection violation or a minor infraction is not a viable option because either of these actions 
would result in reducing access to crisis care services. 
 
State Forensic System 
 
Criminal Defendants and Competency to Stand Trial 
 
The Due Process Clause of the 14th Amendment prohibits the states from trying and convicting 
defendants who are incompetent to stand trial.
22
 The states must have procedures in place that 
adequately protect the defendant’s right to a fair trial, which includes participation in all material stages 
of the process.
23
 Defendants must be able to appreciate the range and nature of the charges and 
penalties that may be imposed, understand the adversarial nature of the legal process, and disclose to 
counsel facts pertinent to the proceedings. Defendants also must manifest appropriate courtroom 
behavior and be able to testify relevantly.
24
 
 
Involuntary Commitment of Defendant Adjudicated Incompetent 
 
Chapter 916, F.S., governs the state forensic system, which is a network of state facilities and 
community services for persons who have mental health issues, an intellectual disability, or autism and 
who are involved with the criminal justice system. Offenders who are charged with a felony and 
                                                
19
 Id. 
20
 Rule 65E-5.352, F.A.C 
21
 Id. 
22
 Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed. 815 (1966); Bishop v. U.S., 350 U.S.961, 76 S.Ct. 440, 100 L.Ed. 835 (1956); 
Jones v. State, 740 So.2d 520 (Fla. 1999). 
23
 Id. See also Rule 3.210(a)(1), Fla.R.Crim.P. 
24
 Id. See also s. 916.12, 916.3012, and 985.19, F.S.   
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adjudicated incompetent to proceed due to mental illness
25
 and offenders who are adjudicated not 
guilty by reason of insanity may be involuntarily committed to state civil
26
 and forensic
27
 treatment 
facilities by the circuit court,
28
 or in lieu of such commitment, may be released on conditional release
29
 
by the circuit court if the person is not serving a prison sentence.
30
 The committing court retains 
jurisdiction over the defendant while the defendant is under involuntary commitment or conditional 
release.
31
 In Fiscal Year (FY) 2021-2022 there were a total 3,349 adults served by DCF in forensic 
commitment and 1,654 in civil commitment.
32
 
 
A civil facility is, in part, a mental health facility established within DCF or by contract with DCF to serve 
individuals committed pursuant to ch. 394, F.S., and defendants pursuant to ch. 916, F.S., who do not 
require the security provided in a forensic facility.
33
 
 
A forensic facility is a separate and secure facility established within DCF or the Agency for Persons 
with Disabilities (APD) to service forensic clients committed pursuant to ch. 916, F.S.
34
 A separate and 
secure facility means a security-grade building for the purpose of separately housing individuals with 
mental illness from persons who have intellectual disabilities or autism and separately housing persons 
who have been involuntarily committed from non-forensic residents.
35
 
 
If a defendant is suspected of being mentally incompetent, the court, counsel for the defendant, or the 
state may file a motion for examination to have the defendant’s cognitive state assessed.
36
 If the motion 
is well-founded, the court will appoint experts to evaluate the defendant’s cognitive state. The 
defendant’s competency is then determined by the judge in a subsequent hearing.
37
 If the defendant is 
found to be mentally competent, the criminal proceeding resumes.
38
 If the defendant is found to be 
mentally incompetent to proceed, the proceeding may not resume unless competency is restored.
39
 
 
Mental Competence Evaluation 
 
A defendant is considered incompetent to proceed if the defendant does not have sufficient present 
ability to consult with the defendant’s lawyer with a reasonable degree of rational understanding or the 
defendant has no rational, as well as factual, understanding of the proceedings.
40
 
 
                                                
25
 “Incompetent to proceed” means “the defendant does not have sufficient present ability to consult with her or his lawyer with a 
reasonable degree of rational understanding” or “the defendant has no rational, as well as factual, understanding of the proceedings 
against her or him.” s. 916.12(1), F.S. 
26
 A “civil facility” is a mental health facility established within the Department of Children and Families (DCF) or by contract with DCF to 
serve individuals committed pursuant to chapter 394, F.S., and defendants pursuant to chapter 916, F.S., who do not require the 
security provided in a forensic facility; or an intermediate care facility for the developmentally disabled, a foster care facility, a group 
home facility, or a supported living setting designated by the Agency for Persons with Disabilities (APD) to serve defendants who do not 
require the security provided in a forensic facility. Section 916.106(4), F.S. DCF oversees two state-operated forensic facilities, Florida 
State Hospital and North Florida Evaluation and Treatment Center, and two privately-operated, maximum security forensic treatment 
facilities, South Florida Evaluation and Treatment Center and Treasure Coast Treatment Center. 
27
 S. 916.106(10), F.S.  
28
 S. 916.13, 916.15, and 916.302, F.S. 
29
 Conditional release is release into the community accompanied by outpatient care and treatment. Section 916.17, F.S. 
30
 S. 916.17(1), F.S. 
31
 S. 916.16(1), F.S. 
32
 DCF, Long Range Program Plan, September 20, 2022, p. 57 at http://floridafiscalportal.state.fl.us/Document.aspx?I     
D=24397&DocType=PDF (last visited March 24, 2023). 
33
 S. 916.106(4), F.S. 
34
 S. 916.106(10), F.S. A separate and secure facility means a security-grade building for the purpose of separately housing persons 
who have mental illness from persons who have intellectual disabilities or autism and separately housing persons who have been 
involuntarily committed pursuant to chapter 916, F.S., from non-forensic residents. 
35
 Id. 
36
 Rule 3.210, Fla.R.Crim.P. 
37
 Id. 
38
 Rule 3.212, Fla.R.Crim.P. 
39
 Id. 
40
 S. 916.12(1), F.S.   
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Under current law, the court may appoint no more than three experts to determine the mental condition 
of a defendant in a criminal case, including determinations regarding competency to proceed, insanity, 
involuntary placement, and treatment.
41
 The experts may evaluate the defendant in jail, in another 
appropriate local facility, or in a facility of the Department of Corrections. A defendant must be 
evaluated by at least two experts before the court commits the defendant or takes other action, except 
if one expert finds that the defendant is incompetent to proceed and the parties stipulate to that 
finding.
42
 The court may commit the defendant or take other action without further evaluation or 
hearing, or the court may appoint no more than two additional experts to evaluate the defendant. 
Notwithstanding any stipulation by the state and the defendant, the court may require a hearing with 
testimony from the expert or experts before ordering the commitment of a defendant.
43
 
 
In considering the issue of competence to proceed, an examining expert must first consider and 
specifically include in the expert’s report the defendant’s capacity to:
44
 
 Appreciate the charges or allegations against the defendant;  
 Appreciate the range and nature of possible penalties, if applicable, that may be imposed in the 
proceedings against the defendant;  
 Understand the adversarial nature of the legal process;  
 Disclose to counsel facts pertinent to the proceedings at issue;  
 Manifest appropriate courtroom behavior; and  
 Testify relevantly. 
 
In addition, an examining expert shall consider and include in the expert’s report any other factor 
deemed relevant by the expert.  
 
If an expert finds that the defendant is incompetent to proceed, the expert must report on any 
recommended treatment for the defendant to attain competence to proceed. The statute does not 
specify the treatment options that should be considered. However, in considering the issues relating to 
treatment, the examining expert must report on the following:
45
 
 The mental illness causing the incompetence; 
 The treatment or treatments appropriate for the mental illness of the defendant and an 
explanation of each of the possible treatment alternatives in order of choices; 
 The availability of acceptable treatment. If treatment is available in the community, the expert 
shall so state in the report; and 
 The likelihood of the defendant’s attaining competence under the treatment recommended, an 
assessment of the probable duration of the treatment required to restore competence, and the 
probability that the defendant will attain competence to proceed in the foreseeable future. 
 
A defendant who, because of psychotropic medication, is able to understand the nature of proceedings 
and assist in the defendant’s own defense shall not automatically be deemed incompetent to proceed 
simply because the defendant’s satisfactory mental functioning is dependent upon such medication. 
Psychotropic medication means any drug or compound used to treat mental or emotional disorders 
affecting the mind, behavior, intellectual functions, perception, moods, or emotions and includes 
antipsychotic, antidepressant, antimanic, and antianxiety drugs. 
 
Involuntary Commitment and Treatment 
 
A court may only involuntarily commit a defendant adjudicated incompetent to proceed for treatment 
upon finding clear and convincing evidence that:
46
 
                                                
41
 S. 916.115, F.S. 
42
 S. 916.12(2), F.S. 
43
 Id. 
44
 S. 916.12(3). F.S. 
45
 S. 916.12(4), F.S. 
46
 S. 916.13(1), F.S.   
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 The defendant has a mental illness and because of the mental illness: 
o The defendant is manifestly incapable of surviving alone or with the help of willing and 
responsible family or friends, including available alternative services, and, without 
treatment, the defendant is likely to suffer from neglect or refuse to care for herself or 
himself and such neglect or refusal poses a real and present threat of substantial harm 
to the defendant’s well-being; or 
o There is a substantial likelihood that in the near future the defendant will inflict serious 
bodily harm on herself or himself or another person, as evidenced by recent behavior 
causing, attempting, or threatening such harm; 
 All available, less restrictive treatment alternatives, including treatment in community residential 
facilities or community inpatient or outpatient settings, which would offer an opportunity for 
improvement of the defendant’s condition have been judged to be inappropriate; and 
 There is a substantial probability that the mental illness causing the defendant’s incompetence 
will respond to treatment and the defendant will regain competency to proceed in the 
reasonably foreseeable future. 
 
If a person is committed pursuant to chapter 916, the administrator at the commitment facility must 
submit a report to the court:
 47
 
 No later than 6 months after a defendant’s admission date and at the end of any period of 
extended commitment; or 
 At any time the administrator has determined that the defendant has regained competency or 
no longer meets the criteria for involuntary commitment.   
 
In Florida, 66 percent of adults in forensic commitment who were found not guilty by reason of insanity 
showed an improvement in functional level during FY 2021-2022. The average number of days to 
restore competency for adults in forensic commitment was 103 days.
48
 
 
Transportation to Committing Jurisdiction 
 
Under current law, a competency hearing must be held within 30 days after the court receives 
notification that the defendant is competent to proceed or no longer meets the criteria for continued 
commitment.
49
 The defendant must be transported back to the committing jurisdiction for the hearing. 
However, in some instances, defendants are not transported back timely.  In order for a transport to 
occur, the judge must sign a transport order authorizing the defendant to be picked up by jail 
transportation providers, usually the sheriffs or their designee, and transported back to the committing 
jurisdiction. While the defendant awaits transportation back to the county with jurisdiction, the 
defendant remains at the treatment facility. If the defendant is receiving psychotropic medication at the 
treatment facility when discharged or transferred to the jail, the administration of the medication must 
continue unless a jail physician documents the need to change or discontinue use.
50
 
 
Although a competency hearing is required to be held within 30 days after the court receives 
notification of competency, sometimes the courts do not make a determination during the initial hearing. 
As a result, the defendant remains in the treatment facility beyond the 30 day timeframe. In other 
instances, a determination of competency is not made during the statutory timeframe because the 
hearing is continued or not scheduled within 30 days as required under current law. As a result, some 
defendants who are transported back to the committing jurisdiction decompensate before a 
determination of competency is made.
51
 
 
                                                
47
 S. 916.13(2), F.S. 
48
 Id. at note 32. 
49
 S. 916.13(2)(c), F.S. 
50
 Id. 
51
 DCF, Agency Bill Analysis HB 1349 (2023), p. 4 (on file with the House Children, Families, & Seniors Subcommittee).   
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On average, there are between 80 and 100 competent individuals in treatment facilities awaiting 
transportation back to the committing jurisdiction each day.
52
 This directly impacts the waitlist for state 
mental health services, increasing the list as defendants left in state facilities continue occupying beds 
that could be utilized for those awaiting treatment.  As of March 2023, there were 319 defendants 
awaiting placement into a treatment facility; of those waiting, 202 have been waiting more than 15 days. 
For Fiscal Year (FY) 2022-2023, the average wait time to be admitted was 52 days. Twenty (20) 
percent of the discharged defendants recommended as competent to proceed have taken 31 days or 
more to be transported with the average pickup time ranging from as low as 21 days to as high as 132 
days.
53
  
 
Rights of Forensic Clients 
 
Section 916.107, F.S., establishes the rights of clients in the state’s forensic system. The policy of the 
state is that the individual dignity of the client shall be respected at all times and upon all occasions, 
including any occasion when the forensic client is detained, transported, or treated. Clients with mental 
illness, intellectual disability, or autism and who are charged with committing felonies shall receive 
appropriate treatment or training. In a criminal case involving a client who has been adjudicated 
incompetent to proceed or not guilty by reason of insanity, a jail may be used as an emergency facility 
for up to 15 days following the date the department or agency receives a completed copy of the court 
commitment order containing all documentation required by the applicable Florida Rules of Criminal 
Procedure.
54
  
 
For a forensic client who is held in a jail awaiting admission to a facility for DCF or APD evaluation, 
treatment or training may be provided in the jail by the local community mental health provider for 
mental health services, by the developmental disabilities program for persons with intellectual disability 
or autism, the client’s physician or psychologist, or any other appropriate program until the client is 
transferred to a civil or forensic facility.
55
 
 
Clients also have the right to treatment. A client shall not be denied treatment or training, and services 
shall not be delayed, because the client is indigent and unable to pay. At the time of admission and at 
regular intervals thereafter, the client must be given a physical examination, which shall include 
screening for communicable disease by a health practitioner authorized by law to give such screenings 
and examinations. Every forensic client shall be afforded the opportunity to participate in activities 
designed to enhance self-image and the beneficial effects of other treatments or training, as 
determined by the facility. Within 30 days after admission, each client shall have and receive, in writing, 
an individualized treatment or training plan which the client has had the opportunity to assist in 
preparing.
56
   
 
Effect of Bill 
 
Baker Act 
 
Receiving Facilities - Conditional Designation   
 
The bill authorizes DCF to issue a conditional designation for up to 60 days to allow for the 
implementation of corrective measures. The bill expands DCF’s ability to work with facilities to correct 
program deficiencies while they remain in business, examining and treating individuals in their care. For 
facilities with minor deficiencies, the amendment will allow DCF time to enforce corrective action plans 
without suspending or withdrawing their designation and would allow facilities time to address 
inspection issues without having to suspend services or reapply for a designation.  
                                                
52
 Id. 
53
 Id. 
54
 S. 916.107(1), F.S. 
54
 S. 916.107(1), F.S. 
55
 Id. 
56
 S. 916.107(2), F.S.   
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State Forensic System 
 
Psychotropic Medication in Jails 
 
The bill amends s. 916.107, F.S., regarding the rights of forensic clients, and requires the sheriffs to 
either administer or permit DCF to administer psychotropic medication therapy to forensic clients who 
are held in jail awaiting admission to a state mental health treatment facility before the client is admitted 
into the facility. This will help the defendant regain competency and reduce the length of time the 
defendant will need to receive treatment once admitted into the treatment facility. 
 
Mental Competence Evaluation 
 
The bill requires the expert evaluators and the courts to consider a list of DCF-funded minimum 
alternative treatment options before ordering a defendant who has been found incompetent to proceed 
into a treatment facility. In considering issues relating to treatment, the bill requires the evaluator to 
report on the completion of a clinical assessment made by approved DCF-trained mental health experts 
to ensure the safety of the patient and the community. Experts must also consider the following 
treatment options: 
 Mental health services; 
 Treatment services; 
 Rehabilitative services; 
 Support services; and 
 Case management services as those terms are defined in s. 394.67(16), F.S., which may be 
provided by or within: 
o Multidisciplinary community treatment teams; 
o Community treatment teams, such as Florida Assertive Community Treatment (FACT) 
teams; 
o Conditional release programs; 
o Outpatient services or intensive outpatient treatment programs; and 
o Supportive employment and supportive housing opportunities. 
 
The bill also requires the examining expert’s report to the court to include a full and detailed explanation 
of why the alternative treatment options referenced in the evaluation are insufficient to meet the 
defendant’s needs.  
 
Involuntary Commitment of Defendant Adjudicated Incompetent  
 
The bill requires the court to review the examining expert’s report, before issuing a commitment order, 
to ensure that alternative treatment options have been fully considered and found insufficient to meet 
the needs of the defendant.  
 
The bill requires the administrator of the treatment facility to evaluate the defendant and file a report 
with the court within 60 days, instead of 6 months, after the defendant’s admission date and at the end 
of any period of extended commitment, or at any time the administrator has determined that the 
defendant has regained competency or no longer meets the criteria for involuntary commitment. The bill 
also requires the courts to conduct a hearing to make a determination of competency within 30 days of 
notification. 
 
Transportation to Committing Jurisdiction 
 
The bill reduces the maximum time defendants may wait to be transported out of a treatment facility, 
from 30 days to 7 days, once they are competent to proceed or no longer meet the criteria for continued 
commitment.  
   
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The bill requires the referring treatment facility to transfer the defendant with up to 30 days of 
medication and to assist in discharge planning with medical teams at the receiving jail.  
 
 The bill provides an effective date of July 1, 2023. 
 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
  
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
  
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
2. Expenditures: 
The bill may have an indeterminate, insignificant fiscal impact on local jails and detention centers.  
Section 951(4)(a), F.S., establishes the Florida Model Jail Standards Working Group (FMJS), which 
provides standards of care to county and municipal detention facilities.  The FMJS standards 
include guidance to ensure that each jail has the medical staff and resources for incarcerated 
individuals with medical or psychiatric needs.  This support would include the initiation of psychiatric 
medication while the individual remains in custody.   
 
Additionally, the bill amends s. 916.107, F.S., to provide that sheriffs shall administer (or allow DCF 
to administer) psychotropic medication to forensic clients while awaiting admission to a state mental 
health treatment facility. 
 
The bill is not expected to have a significant fiscal impact as local jails and detention centers are 
currently required to properly manage the medical needs of incarcerated individuals, which would 
include psychiatric care and medications.  
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
 None. 
 
D. FISCAL COMMENTS: 
None.