Florida 2023 2023 Regular Session

Florida Senate Bill S1412 Analysis / Analysis

Filed 03/21/2023

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs  
 
BILL: CS/SB 1412 
INTRODUCER:  Committee on Children, Families, and Elder Affairs and Senator Bradley 
SUBJECT:  Mental Health 
DATE: March 21, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Delia Cox CF Fav/CS 
2.     AHS   
3.     FP  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Technical Changes 
 
I. Summary: 
CS/SB 1412 establishes a conditional designation for Baker Act receiving and treatment facilities 
as an alternative to the suspension or withdrawal of a standard facility designation issued by the 
Department of Children and Families (the DCF). The bill also: 
 Requires local sheriffs or the DCF to administer psychotropic medications to forensic clients 
in jails if clinically indicated prior to their admission to forensic facilities if clinically 
indicated; 
 Requires expert evaluators and courts to consider alternative, community-based treatment 
options before ordering the placement of a defendant to a forensic facility; 
 Requires administrators of forensic facilities to provide notification to courts no more than 60 
days, rather than six months as in current law, from the time a defendant is competent to 
proceed or no longer meets commitment criteria;  
 Reduces the maximum amount of time patients may wait to be transported from a forensic 
facility to the committing jurisdiction once they are competent to proceed or no longer meet 
commitment criteria, from 30 days to 7 days; 
 Requires competency determinations to be made at a competency hearing within 30 days of 
notification from forensic facilities that patients have gained competency or no longer meet 
commitment criteria; 
 Requires forensic facilities to transfer defendants back to the committing jurisdiction with up 
to 30 days of medication and assist in discharge planning with medical teams at the receiving 
county jail; and 
 Reenacts and makes conforming changes to several existing sections of statute.  
REVISED:   BILL: CS/SB 1412   	Page 2 
 
 
The DCF anticipates that the bill will have no fiscal impact on state government. See Section V. 
Fiscal Impact Statement. 
 
The bill is effective July 1, 2023. 
II. Present Situation: 
Receiving and Treatment Facilities 
The DCF is authorized to designate and monitor receiving facilities, treatment facilities, and 
receiving systems and may suspend or withdraw such designations for failure to comply with 
Florida law.
1
 Unless specifically designated by the DCF, facilities are not permitted to hold or 
treat involuntary patients experiencing a mental health or substance use disorder crisis.
2
 The 
DCF has authority to designate any community-based facility as a receiving facility.
3
  
 
The DCF may also specifically designate any state-owned, state-operated, or state-supported 
facility as a state treatment facility.
4
 The DCF can designate any other facility, including private 
and federal facilities, as either a receiving facility or a treatment facility provided that the 
governing board or authority of such facility agrees to the designation.
5
 Private facilities 
designated as receiving and treatment facilities by the DCF may provide examination and 
treatment of involuntary patients, as well as voluntary patients.
6
 
 
The DCF is also statutorily authorized to adopt rules relating to a number of issues surrounding 
receiving and treatment facilities, including:  
 Procedures and criteria for receiving and evaluating facility applications for designation, 
which may include onsite facility inspection and evaluation of an applicant’s licensing status 
and performance history, as well as consideration of local service needs; 
 Minimum standards consistent that a facility must meet and maintain in order to be 
designated as a receiving or treatment facility and procedures for monitoring continued 
adherence to such standards; 
 Procedures and criteria for designating receiving systems which may include consideration of 
the adequacy of services provided by facilities within the receiving system to meet the needs 
of the geographic area using available resources; 
 Procedures for receiving complaints against a designated facility or designated receiving 
system and for initiating inspections and investigations of facilities or receiving systems 
alleged to have violated regulatory laws or rules; and 
 Procedures and criteria for the suspension or withdrawal of designation as a receiving facility 
or receiving system.
7
 
 
                                                
1
 Section 394.461, F.S. 
2
 Id. 
3
 Section 394.461(1), F.S. 
4
 Section 394.461(2), F.S. 
5
 Section 394.461(1) and (2), F.S. 
6
 Section 394.461(3), F.S. 
7
 Section 394.461(6), F.S.  BILL: CS/SB 1412   	Page 3 
 
Current law does not provide the DCF with the authority to issue a “conditional” designation, 
only suspension or withdrawal of designations. 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 is not usually a viable option because either of 
these actions would result in reducing access to crisis care services.
8
  
 
There are currently 126 public and private designated receiving facilities in Florida.
9
 In past 
years, providers submitted requests for re-designation while still under review by the DCF for 
outstanding inspection findings, or while the subject of an investigation by the Agency for 
Health Care Administration (the AHCA) or the U.S. Department of Health and Human Services 
(HHS).
10
 In such instances, the DCF does not have a licensing mechanism to allow such facilities 
to temporally operate while under a corrective action plan.
11
 
 
Competency Restoration Treatment and Forensic Facilities 
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
12
 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,
13
 or in lieu of such commitment, may be released on conditional release
14
 by 
the circuit court if the person is not serving a prison sentence.
15
 The committing court retains 
jurisdiction over the defendant while the defendant is under involuntary commitment or 
conditional release and a defendant may not be released from either commitment or conditional 
release except by order of the committing court.
16
  
 
Sections 916.13 and 916.15, F.S., set forth the criteria under which a court may involuntarily 
commit a defendant charged with a felony who has been adjudicated incompetent to proceed, or 
who has been found not guilty by reason of insanity. Florida law provides for the ability to 
commit a person under either basis; however, the goals for the commitment are different for each 
basis of the commitment. Persons committed under s. 916.13, F.S., after an adjudication of 
incompetency to proceed have a primary goal of restoration of competency; whereas persons 
who have been found not guilty by reason of insanity that are committed have a primary goal of 
stabilization and post-hospital planning.  
 
                                                
8
 The Department of Children and Families (the DCF), Draft Agency Analysis of SB 1412, July 30, 2022 at p. 2. (on file with 
Senate Committee on Children, Families, and Elder Affairs) (hereinafter cited as, “The DCF Analysis”). 
9
 Id., p. 3. 
10
 Id. 
11
 Id. 
12
 “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.” Section 916.12(1), F.S. 
13
 Sections 916.13, 916.15, and 916.302, F.S. 
14
 Conditional release is release into the community accompanied by outpatient care and treatment. Section 916.17, F.S. 
15
 Section 916.17(1), F.S. 
16
 Section 916.16(1), F.S.  BILL: CS/SB 1412   	Page 4 
 
A civil facility is, in part, a mental health facility established within the DCF or by contract with 
the 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.
17
 
  
A forensic facility is a separate and secure facility established within the DCF or the Agency for 
Persons with Disabilities (the APD) to service forensic clients committed pursuant to ch. 916, 
F.S.
18
 A separate and secure facility means a security-grade building for the purposes 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.
19
 
 
Determination of Incompetency 
If a defendant is suspected of being incompetent, the court, counsel for the defendant, or the state 
may file a motion for examination to have the defendant’s cognitive state assessed.
20
 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.
21
 If the 
defendant is found to be competent, the criminal proceeding resumes.
22
 If the defendant is found 
to be incompetent to proceed, the proceeding may not resume unless competency is restored.
23
 
 
Expert Evaluations 
Section 916.115, F.S., requires courts to appoint no more than three experts to determine the 
mental condition of a defendant in a criminal case, including competency to proceed, insanity, 
involuntary placement, and treatment.
24
 A defendant is considered incompetent to proceed if the 
defendant: 
 Does not have sufficient present ability to consult with her or his lawyer with a reasonable 
degree of rational understanding; or  
 Has no rational, as well as factual, understanding of the proceedings against her or him. 
 
The experts may evaluate the defendant in jail or in another appropriate local facility or in a 
facility of the Department of Corrections (the DOC). When expert evaluators determine that a 
person does not meet the established criteria to proceed to trial, a court may commit the 
defendant to a secure setting to receive intensive behavioral health services, with the goal of 
competency restoration.
25
  
 
                                                
17
 Section 916.106(4), F.S. 
18
 Section 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 ch. 916, F.S., from non-forensic residents. 
19
 Id. 
20
 Rule 3.210, Fla.R.Crim.P. 
21
 Id. 
22
 Rule 3.212, Fla.R.Crim.P. 
23
 Id. 
24
 Section 916.115(1), F.S. 
25
 The DCF Analysis at p. 3.  BILL: CS/SB 1412   	Page 5 
 
Evaluators must also report on any recommended treatment for the defendant to attain 
competence to proceed.
26
 The statute does not specify the treatment options that should be 
considered. For Fiscal Year 2022-2023, the DCF reports that it is funding 299 community-based 
beds, 278 of which are currently filled.
 27
 In addition, the DCF reports that it is increasing the 
number of community-based diversion options to meet anticipated future demand.
28
 
 
Judicial Determination of Incompetency and Commitment 
A defendant is deemed incompetent to proceed if the defendant does not have sufficient present 
ability to consult with her or his lawyer with a reasonable degree of rational understanding or if 
the defendant has no rational, as well as factual, understanding of the proceedings against her or 
him.
29
  
 
Mental health experts appointed pursuant to s. 916.115, F.S., must first determine whether the 
defendant has a mental illness and, if so, consider the factors related to the issue of whether the 
defendant meets the criteria for competence to proceed.
30
 A defendant must be evaluated by no 
fewer than 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. 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.
31
 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.
32
 
 
In considering the issue of competence to proceed, an examining expert must first consider and 
specifically include in his or her report the defendant’s capacity to: 
 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.
33
 
 
In addition, an examining expert must consider and include in his or her report any other factor 
deemed relevant by the expert.
34
   
 
                                                
26
 Section 916.13(1)(b), F.S. 
27
 The DCF Analysis at p. 3. 
28
 Id. 
29
 Section 916.12(1), F.S. 
30
 Section 916.12(2), F.S. 
31
 Id. 
32
 Id. 
33
 Section 916.12(3), F.S. 
34
 Id.  BILL: CS/SB 1412   	Page 6 
 
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.
35
 In considering the 
issues relating to treatment, the examining expert must specifically report on: 
 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 and, if treatment is available in the community, the 
expert shall so state in the report; and 
o The likelihood of the defendant’s attaining competence under the treatment 
recommended,  
o An assessment of the probable duration of the treatment required to restore competence, 
and  
o The probability that the defendant will attain competence to proceed in the foreseeable 
future.
36
 
 
A defendant who, because of psychotropic medication,
37
 is able to understand the nature of 
proceedings and assist in the defendant’s own defense must not automatically be deemed 
incompetent to proceed simply because the defendant’s satisfactory mental functioning is 
dependent upon such medication.
38
  
 
If a person is committed pursuant to either statute, the administrator at the commitment facility 
must submit a report to the court: 
 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.
39
   
 
Judicial Procedure for Release and Transportation Back to Committing Jurisdiction 
Current law also requires that a competency hearing must be held within 30 days after the court 
receives notification that a defendant is competent to proceed or no longer meets the criteria for 
continued commitment.
40
 However, many defendants are either not being transported back to the 
committing jurisdiction in a timely manner or are not being transported for the hearing at all.
41
  
While patients await transportation back to the county with jurisdiction, they remain at a 
treatment facility.
42
 There are between 80 and 100 competent individuals in treatment facilities 
                                                
35
 Section 916.12(4), F.S. 
36
 Id. 
37
 “Psychotropic medication” is defined to mean 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. Section 916.12(5), F.S. 
38
 Section 916.12(5), F.S. 
39
 Sections 916.13(2)(b) and 916.15(3)(c), F.S. For involuntary commitment of a person under s. 916.15, F.S., the additional 
report must be submitted prior to the end of any period of extended commitment, rather than “at the end” of the extended 
commitment. 
40
 Sections 916.13(2)(c) and 916.15(5), F.S. 
41
 The DCF Analysis at p. 3. 
42
 Id.  BILL: CS/SB 1412   	Page 7 
 
awaiting transportation back to the committing jurisdiction on an average day.
43
 As a result, the 
waitlist for state mental health services is longer as it contains some individuals left in state 
facilities that are occupying beds which could be utilized by those awaiting treatment.
44
 
 
While s. 916.13, F.S., requires that a competency hearing be held within 30 days of receiving a 
competency notification, there are instances in which courts do not make a determination of 
competency during an initial hearing, resulting in a defendant remaining at a treatment facility 
for longer than the maximum 30 days required by current law.
45
 Additionally, in some instances 
individuals that are transported back to the committing jurisdiction decompensate
46
 before a 
determination of competency can be made because hearings are continued or not scheduled 
within the 30-day timeframe.
47
  
 
If the defendant is receiving psychotropic medication at a mental health facility at the time he or 
she is discharged and transferred to the jail, the administering of such medication must continue 
unless the jail physician documents the need to change or discontinue it.
48
 The jail and 
department physicians shall collaborate to ensure that medication changes do not adversely affect 
the defendant’s mental health status or his or her ability to continue with court proceedings; 
however, the final authority regarding the administering of medication to an inmate in jail rests 
with the jail physician.
49
 
 
State Forensic System – Mental Health Treatment for Criminal Defendants 
State Treatment Facilities  
State treatment facilities are the most restrictive settings for forensic services. The forensic 
facilities provide assessment, evaluation, and treatment to the individuals who have mental 
health issues and who are involved with the criminal justice system. 
 
Mental Health Treatment Facilities 
The DCF runs three mental health treatment facilities: the Florida State Hospital (FSH), the 
Northeast Florida State Hospital (NEFSH), and the North Florida Evaluation and Treatment 
Center (NFETC).
50
 The DCF also contracts with a private provider to operate three additional 
facilities that provide competency restoration training. The facilities are the South Florida 
Evaluation and Treatment Center, South Florida State Hospital, and Treasure Coast Treatment 
Facility which are operated by Wellpath Recovery Solutions (Wellpath).
51
 
                                                
43
 Id. 
44
 Id. 
45
 Id. 
46
 Psychiatrists and psychologists use the term "decompensating" to describe worsening symptoms of mental illness. An 
"episode of decompensation" is a period of significant, often rapid, deterioration in mental health, such as a panic attack. See 
Episodes of Decompensation in Mental Illness: Social Security Disability, available at 
https://www.disabilitysecrets.com/mic2.html (last visited March 14, 2023). 
47
 Id. 
48
 Id. 
49
 Id. 
50
 The DCF, State Mental Health Treatment Facilities, available at https://www2.myflfamilies.com/service-programs/mental-
health/state-mental-health-treatment-facilities.shtml last visited March 14, 2023). 
51
 Id.  BILL: CS/SB 1412   	Page 8 
 
 
The FSH, located in Chattahoochee, Florida, is a state psychiatric hospital that provides civil and 
forensic services.
52
 The hospital’s civil services are comprised of the following three units with a 
total of 490 beds: 
 Civil Admissions evaluates and provides psychiatric services primarily for newly admitted 
acutely ill male and female civil residents between the ages of 18 and 64; 
 Civil Transition Program serves civil residents and individuals previously in a forensic 
setting who no longer need that level of security and with court approval, may reside in a less 
restrictive civil environment; and 
 Specialty Care Program serves a diverse population of individuals requiring mental health 
treatment and services, including civil and forensic step downs.
53
 
 
The hospital’s forensic services section evaluates and treats persons with felony charges who 
have been adjudicated incompetent to stand trial or not guilty by reason of insanity. Forensic 
services is comprised of the following two units; 
 Forensic Admission is a maximum security facility that assesses new admissions, provides 
short-term treatment and competency restoration for defendants found incompetent to stand 
trial, and behavior stabilization for persons committed as not guilty by reason of insanity; and 
 Forensic Central provides longer-term treatment and serves a seriously and persistently 
mentally ill population who are incompetent to proceed or not guilty by reason of insanity.
54
 
 
The NEFSH, located in Macclenny, Florida, is a state psychiatric hospital that provides civil 
services.
55
 The facility operates 633 beds and is the largest state-owned provider of psychiatric 
care and treatment to civilly committed individuals in Florida. Referrals are based upon 
community and regional priorities for admission.
56
 
 
The NFETC, located in Gainesville, Florida, is an evaluation and treatment center for people 
with mental illnesses who are involved in the criminal justice system.
57
 The center has 193 beds 
open for the evaluation and treatment of residents who have major mental disorders. These 
residents are either incompetent to proceed to trial or have been judged to be not guilty by reason 
of insanity.
58
 
 
As of March 15, 2023, there were a total of 330 individuals on the waitlist for forensic beds at 
the state’s mental health facilities.
59
 Individuals spend 59 days on the waitlist on average.
60
 
 
                                                
52
 The DCF, Forensic Facilities, available at https://www2.myflfamilies.com/service-programs/samh/adult-forensic-mental-
health/forensic-facilities.shtml (last visited March 14, 2023). 
53
 Id. 
54
 Id. 
55
 Id. 
56
 Id. 
57
 Id. 
58
 Id. 
59
 The DCF, E-mail from John Paul Fiore, Legislative Affairs Director, Forensic Bed Waitlist, March 15, 2023 (on file with 
the Senate Committee on Children, Families, and Elder Affairs). 
60
The DCF, E-mail from John Paul Fiore, Legislative Affairs Director, Re: SB 1600, January 29, 2022 (on file with the Senate 
Committee on Children, Families, and Elder Affairs).  BILL: CS/SB 1412   	Page 9 
 
Rights of Forensic Clients 
Section 916.107, F.S., establishes a number of rights for clients of the state’s forensic system. 
Clients with mental illness, intellectual disability, or autism who are charged with committing 
felonies must receive appropriate treatment or training.
61
 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.
62
  
 
For a forensic client who is held in a jail awaiting admission to a facility of the DCF or the APD, 
evaluation and 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.
63
  
 
Clients also have a right to treatment, including the right to be given, at the time of admission 
and at regular intervals thereafter, a physical examination, which shall include screening for 
communicable disease by a health practitioner authorized by law to give such screenings and 
examinations.
64
 Not more than 30 days after admission, each client shall also have and receive, 
in writing, an individualized treatment or training plan which the client has had an opportunity to 
assist in preparing.
65
   
III. Effect of Proposed Changes: 
Conditional Designations (Section 1) 
In lieu of the suspension or withdrawal of a receiving or treatment facility’s designation 
following inspection issues requiring a corrective action plan, the bill amends s. 394.461, F.S., 
authorizing the DCF to issue conditional designations for up to 60 days to allow for the 
implementation of corrective measures. . This will facilitate the DCF’s ability to work with 
facilities to correct program deficiencies while they remain in business examining and treating 
individuals in their care. 
 
Administration of Psychotropic Medications – Rights of Forensic Clients (Section 2) 
The bill amends s. 916.107, F.S., requiring sheriffs to either administer, or permit the DCF to 
administer, clinically indicated psychotropic medication to forensic clients held in a jail awaiting 
admission to a state mental health treatment facility before they are admitted to the facility. This 
will help to stabilize defendants and create a smoother transition to the competency restoration 
process once a defendant is committed to a forensic facility. 
 
                                                
61
 Section 916.107(1)(a), F.S. 
62
 Id. 
63
 Id. 
64
 Section 916.107(2)(b), F.S. 
65
 Section 916.107(2)(d), F.S.  BILL: CS/SB 1412   	Page 10 
 
Process for Incompetency Determinations and Alternative Treatment Options (Sections 3 
and 4) 
The bill amends s. 916.12, F.S., requiring expert evaluators and courts to consider a list of DCF-
funded minimum alternative treatment options before ordering a defendant who has been found 
by an expert to be incompetent to be placed in a treatment facility. Specifically, the bill requires 
evaluating experts to report on the completion of a clinical assessment made by DCF-trained 
mental health experts to ensure the safety of the patient and the community. Experts must also 
report on the appropriateness of the following community-based options for treating and 
supporting the recovery of a patient: 
 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 needs of the defendant. 
 
The bill also amends s. 916.13, F.S., requiring courts to review the examining expert’s report to 
ensure that each of the above-mentioned alternative treatment options are insufficient to meet the 
defendant’s clinical needs when determining if there is clear and convincing evidence that 
requires the issuance of a commitment order. 
 
Modified Timelines for Certain Procedures for an Incompetent Defendant After Admission 
(Section 4, in part) 
The bill also requires treatment facilities to evaluate defendants within 60 days, instead of six 
months, so that a report is sent to the court 60 days after a defendant’s admission to the treatment 
facility.  
 
The bill also reduces the maximum amount of 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 commitment criteria. This will require the sheriff or the entity transporting the defendant to 
the committing jurisdiction to pick up the defendant in a much shorter time. This provision will 
also reduce the likelihood that the defendant will decompensate while also reducing the waitlist 
for other defendants who are in need of such treatment. 
  BILL: CS/SB 1412   	Page 11 
 
The bill also requires courts to make a competency determination at the competency hearing 
within 30 days of notification from treatment facilities that the defendant is competent to proceed 
or no longer meets commitment criteria. Treatment facilities must discharge the defendant with 
up to 30 days of medications and assist in discharge planning with medical teams at the receiving 
county jail. This will ensure the defendant is provided continuity of care when returning back to 
the committing jurisdiction. 
 
Conforming Changes (Section 5-8)  
The bill also reenacts ss. 394.658(1)(a), 916.106(9), and 916.17(1) and (2), F.S., for the purposes 
of incorporating changes made under the act 
 
The bill is effective of July 1, 2023.      
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None.  BILL: CS/SB 1412   	Page 12 
 
C. Government Sector Impact: 
The DCF states that the bill will have no impact on state government.
66
 The DCF also 
states that the bill will not have a fiscal impact on local jails because existing medical and 
psychiatric resources within jails throughout the state are sufficient to meet the 
requirements of the bill.
67
 The agency also anticipates that decreasing the time for 
transporting defendants will not result in a fiscal impact on sheriffs due to the fact that the 
total number of transports will not increase.
68
 The Florida Sheriff’s Association 
anticipates the provisions in the bill that address the delivery of certain psychotropic 
medications and timelines for transporting a defendant back to the committing 
jurisdiction will not have a negative fiscal impact on sheriffs.
69
 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends sections 394.461, 916.107, 916.12, and 916.13 of the Florida 
Statutes. 
 
This bill reenacts sections 394.658, 916.106, and 916.17 of the Florida Statutes.  
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS by Children, Families, and Elder Affairs on March 20, 2023: 
The Committee Substitute changes all instances of the word “patient” in the bill to 
“defendant” to provide consistency with the rest of ch. 916, F.S. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate. 
                                                
66
 The DCF Analysis at p. 6. 
67
 Id., p. 5.  
68
 Id, p. 6. 
69
 See The Florida Sheriff’s Association, E-mail from Allie McNair, Government Affairs Coordinator, Re: DCF: SB 1412 – 
FSA Feedback March 16, 2023 (on file with the Senate Committee on Children, Families, and Elder Affairs).