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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to mental health; providing a short 2
title; amending s. 394.658, F.S.; expanding the 3
programs and diversion initiatives supported by 4
implementation or expansion grants to include training 5
for 911 public safety telecommunicators and emergency 6
medical technicians for certain purposes and to 7
include veterans treatment court programs; exempting 8
certain fiscally constrained counties from local match 9
requirements for specified grants; amending s. 10
916.105, F.S.; providing legislative intent; creatin g 11
s. 916.135, F.S.; defining terms; encouraging 12
communities to apply for specified grants to establish 13
misdemeanor or ordinance violation mental health 14
diversion programs; providing a model process for such 15
mental health diversion programs; requiring adher ence 16
to specified provisions to the extent of available 17
funds; authorizing specified entities to collaborate 18
to establish certain policies and procedures and to 19
develop a certain consent form; providing consent form 20
requirements; requiring defendants to si gn the consent 21
form to participate in the diversion program; 22
authorizing the screening of certain defendants and 23
prompt evaluation for involuntary examination under 24
certain circumstances; specifying procedures if the 25
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evaluation demonstrates that the defend ant meets the 26
criteria for involuntary examination; authorizing a 27
court to consider releasing a defendant on his or her 28
own recognizance under certain circumstances; 29
requiring a court to order that a defendant be 30
assessed for outpatient treatment under cer tain 31
circumstances; authorizing the state attorney, the 32
defense attorney, or the court to, at any stage of the 33
criminal proceedings, request that such a defendant be 34
screened pursuant to certain provisions; authorizing 35
defendants out of custody to be evalu ated pursuant to 36
certain provisions; requiring the state attorney to 37
consider dismissal of the charges upon a defendant's 38
successful completion of all treatment recommendations 39
from a mental health assessment; authorizing the court 40
to exhaust therapeutic i nterventions aimed at 41
improving compliance before a defendant is returned to 42
jail; creating s. 916.136, F.S.; defining terms; 43
encouraging communities to apply for specified grants 44
to establish pretrial felony mental health diversion 45
programs; providing a m odel process for such mental 46
health diversion programs; authorizing specified 47
entities to collaborate to establish certain policies 48
and procedures and to develop a certain consent form; 49
providing consent form requirements; requiring 50
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defendants to sign the consent form to participate in 51
the diversion program; specifying criteria under which 52
a defendant may be eligible for the mental health 53
diversion program; specifying that the state attorney 54
has the sole discretion to determine a defendant's 55
pretrial felony mental health diversion eligibility; 56
authorizing the state attorney to recommend that 57
certain defendants be screened and offered pretrial 58
felony mental health diversion; requiring defendants 59
to sign the consent form to participate in the 60
diversion program; requiring that a defendant be 61
assessed for outpatient treatment upon his or her 62
agreeing to participate in the mental health diversion 63
program; requiring the state attorney to consider 64
dismissal of the charges upon a defendant's successful 65
completion of all treatment recommendations from a 66
mental health assessment; authorizing the state 67
attorney to revoke the defendant's participation in 68
such mental health diversion program under specified 69
circumstances; amending s. 916.185, F.S.; expanding 70
eligibility for the Forensic Hospital Diversion Pilot 71
Program to include Hillsborough County; creating s. 72
945.093, F.S.; requiring the Department of Corrections 73
to evaluate the physical and mental health of each 74
inmate eligible for work assignments and correctional 75
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work programs; requiring the department to document 76
eligibility before the inmate receives orders for an 77
assignment or program; creating s. 948.0395, F.S.; 78
requiring mental health evaluations and the following 79
of all recommendations as conditions of probation for 80
specified defendants; amending s. 1004.649, F.S.; 81
creating the Florida Behavioral Health Care Data 82
Repository within the Northwest Regional Data Center; 83
specifying the purposes of the data repository; 84
requiring the Northwest Regional Data Center to 85
develop a specified plan; requiring the Northwest 86
Regional Data Center to submit, by a specified date, a 87
certain developed plan to the Governor and the 88
Legislature; requiring the Florida Behavioral Health 89
Care Data Repository to submit, by a specified date 90
and annually thereafter, a specified report to the 91
Governor and the Legislature; providing an effective 92
date. 93
94
Be It Enacted by the Legislature of the State of Florida: 95
96
Section 1. This act may be cited as the "Tristin Murphy 97
Act." 98
Section 2. Subsections (1) and (2) of section 394.658, 99
Florida Statutes, are amended to read: 100
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394.658 Criminal Justice, Mental Health, and Substance 101
Abuse Reinvestment Grant Program requirements. — 102
(1) The Criminal Justice, Mental Health, and Substance 103
Abuse Statewide Grant Review Committee, in collaboration with 104
the Department of Children and Families, the Department of 105
Corrections, the Department of Juvenile Justice, the Department 106
of Elderly Affairs, and the Office of the State Courts 107
Administrator, shall establish criteria to be used to review 108
submitted applications and to select the county that will be 109
awarded a 1-year planning grant or a 3 -year implementation or 110
expansion grant. A planning, implementation, or expansion grant 111
may not be awarded unless the applicat ion of the county meets 112
the established criteria. 113
(a) The application criteria for a 1 -year planning grant 114
must include a requirement that the applicant county or counties 115
have a strategic plan to initiate systemic change to identify 116
and treat individual s who have a mental illness, substance abuse 117
disorder, or co-occurring mental health and substance abuse 118
disorders who are in, or at risk of entering, the criminal or 119
juvenile justice systems. The 1 -year planning grant must be used 120
to develop effective col laboration efforts among participants in 121
affected governmental agencies, including the criminal, 122
juvenile, and civil justice systems, mental health and substance 123
abuse treatment service providers, transportation programs, and 124
housing assistance programs. T he collaboration efforts shall be 125
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the basis for developing a problem -solving model and strategic 126
plan for treating adults and juveniles who are in, or at risk of 127
entering, the criminal or juvenile justice system and doing so 128
at the earliest point of contac t, taking into consideration 129
public safety. The planning grant shall include strategies to 130
divert individuals from judicial commitment to community -based 131
service programs offered by the Department of Children and 132
Families in accordance with ss. 916.13 and 916.17. 133
(b) The application criteria for a 3 -year implementation 134
or expansion grant shall require information from a county that 135
demonstrates its completion of a well -established collaboration 136
plan that includes public -private partnership models and the 137
application of evidence -based practices. The implementation or 138
expansion grants may support programs and diversion initiatives 139
that include, but need not be limited to: 140
1. Mental health courts. 141
2. Diversion programs. 142
3. Alternative prosecution and se ntencing programs. 143
4. Crisis intervention teams. 144
5. Treatment accountability services. 145
6. Specialized training for criminal justice, juvenile 146
justice, and treatment services professionals. 147
7. Specialized training for 911 public safety 148
telecommunicators as defined in s. 401.465 and emergency medical 149
technicians as defined in s. 112.1911 to assist in determining 150
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which response team is most appropriate under the circumstances. 151
A response team may include, but is not limited to, a law 152
enforcement agency, an emergency medical response team, a crisis 153
intervention team, or a mobile crisis response service as 154
defined in s. 394.455. Each affected agency must consider what 155
resources are available in the community. 156
8. Service delivery of collateral services such as 157
housing, transitional housing, and supported employment. 158
9.8. Reentry services to create or expand mental health 159
and substance abuse services and supports for affected persons. 160
10.9. Coordinated specialty care programs. 161
11. Veterans treatment court programs. 162
(c) Each county application must include the following 163
information: 164
1. An analysis of the current population of the jail and 165
juvenile detention center in the county, which includes: 166
a. The screening and assessment process that the county 167
uses to identify an adult or juvenile who has a mental illness, 168
substance abuse disorder, or co -occurring mental health and 169
substance abuse disorders; 170
b. The percentage of each category of persons admitted t o 171
the jail and juvenile detention center that represents people 172
who have a mental illness, substance abuse disorder, or co -173
occurring mental health and substance abuse disorders; and 174
c. An analysis of observed contributing factors that 175
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affect population trends in the county jail and juvenile 176
detention center. 177
2. A description of the strategies the county intends to 178
use to serve one or more clearly defined subsets of the 179
population of the jail and juvenile detention center who have a 180
mental illness or to serve those at risk of arrest and 181
incarceration. The proposed strategies may include identifying 182
the population designated to receive the new interventions, a 183
description of the services and supervision methods to be 184
applied to that population, and the goa ls and measurable 185
objectives of the new interventions. The interventions a county 186
may use with the target population may include, but are not 187
limited to: 188
a. Specialized responses by emergency medical response 189
teams, crisis intervention teams, mobile cris is response 190
services, and law enforcement agencies; 191
b. Centralized receiving facilities for individuals 192
evidencing behavioral difficulties; 193
c. Postbooking alternatives to incarceration; 194
d. New court programs, including pretrial services and 195
specialized dockets; 196
e. Specialized diversion programs; 197
f. Intensified transition services that are directed to 198
the designated populations while they are in jail or juvenile 199
detention to facilitate their transition to the community; 200
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g. Specialized probation p rocesses; 201
h. Day-reporting centers; 202
i. Linkages to community -based, evidence-based treatment 203
programs for adults and juveniles who have mental illness or 204
substance abuse disorders; and 205
j. Community services and programs designed to prevent 206
high-risk populations from becoming involved in the criminal or 207
juvenile justice system. 208
3. The projected effect the proposed initiatives will have 209
on the population and the budget of the jail and juvenile 210
detention center. The information must include: 211
a. The county's estimate of how the initiative will reduce 212
the expenditures associated with the incarceration of adults and 213
the detention of juveniles who have a mental illness; 214
b. The methodology that the county intends to use to 215
measure the defined outcomes an d the corresponding savings or 216
averted costs; 217
c. The county's estimate of how the cost savings or 218
averted costs will sustain or expand the mental health and 219
substance abuse treatment services and supports needed in the 220
community; and 221
d. How the county's proposed initiative will reduce the 222
number of individuals judicially committed to a state mental 223
health treatment facility. 224
4. The proposed strategies that the county intends to use 225
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to preserve and enhance its community mental health and 226
substance abuse system, which serves as the local behavioral 227
health safety net for low -income and uninsured individuals. 228
5. The proposed strategies that the county intends to use 229
to continue the implemented or expanded programs and initiatives 230
that have resulted from the grant funding. 231
(2)(a) As used in this subsection, the term "available 232
resources" includes in -kind contributions from participating 233
counties. 234
(b) A 1-year planning grant may not be awarded unless the 235
applicant county makes available resources in an amount equal to 236
the total amount of the grant , except fiscally constrained 237
counties that are awarded reinvestment grants to establish 238
programs pursuant to this section may not be required to provide 239
local matching funds . A planning grant may not be used to 240
supplant funding for existing programs. For fiscally constrained 241
counties, the available resources may be at 50 percent of the 242
total amount of the grant. 243
(c) A 3-year implementation or expansion grant may not be 244
awarded unless the applicant county or consortium of counties 245
makes available resources equal to the total amount of the 246
grant. For fiscally constrained counties, the available 247
resources may be at 50 percent of the total amount of the grant , 248
except fiscally constrained counties that are awarded 249
reinvestment grants to establish programs pursuant to this 250
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section may not be required to provide local matching funds . 251
This match shall be used for expansion of services and may not 252
supplant existing funds for services. An implementation or 253
expansion grant must support the implementation of new services 254
or the expansion of services and may not be used to supplant 255
existing services. 256
Section 3. Present subsection (4) of section 916.105, 257
Florida Statutes, is redesignated as subsection (5), and a new 258
subsection (4) and subsection (6) are added to that section, to 259
read: 260
916.105 Legislative intent. — 261
(4) It is the intent of the Legislature that a defendant 262
who is charged with certain felonies, any misdemeanor, or any 263
ordinance violation and who has a ment al illness, intellectual 264
disability, or autism be evaluated and provided services in a 265
community setting, whenever this is a feasible alternative to 266
incarceration. 267
(6) It is the intent of the Legislature that law 268
enforcement agencies in this state provid e law enforcement 269
officers with crisis intervention team training. 270
Section 4. Section 916.135, Florida Statutes, is created 271
to read: 272
916.135 Misdemeanor or ordinance violation mental health 273
diversion program.— 274
(1) As used in this section, the term: 275
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(a) "Court" means a circuit court, a county court, or any 276
court presiding over felony, misdemeanor, or ordinance 277
violations under the laws of this state or any of its political 278
subdivisions. 279
(b) "Defendant" means a person who has been charged as an 280
adult by a law enforcement agency or a state attorney solely 281
with a misdemeanor offense or an ordinance violation under the 282
laws of this state or any of its political subdivisions. 283
(c) "Qualified mental health professional" means a 284
physician, a physician a ssistant, a clinical psychologist, a 285
psychiatric nurse, an advanced practice registered nurse 286
registered under s. 464.0123, or a mental health counselor, a 287
marriage and family therapist, or a clinical social worker, as 288
those terms are defined in s. 394.455 . 289
(d) "Receiving facility" has the same meaning as in s. 290
394.455. 291
(2) A community desiring to establish a misdemeanor or 292
ordinance violation mental health diversion program to divert 293
clinically appropriate defendants from jails to treatment is 294
encouraged to apply for the Criminal Justice, Mental Health, and 295
Substance Abuse Reinvestment Grant Program under s. 394.656 for 296
the purpose of obtaining funds to plan, implement, or expand 297
such mental health diversion programs. This section provides a 298
model process for diverting such defendants to treatment, but 299
the process may be modified according to each community's 300
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particular resources. A community that obtains a grant pursuant 301
to s. 394.658 must adhere to the processes in this section to 302
the extent that local resources are available to do so. 303
(a) The local sheriff's department, the state attorney, 304
the public defender, the court, and local treatment providers 305
may collaborate to establish policies and procedures to meet the 306
specific needs of each community and to develop a form that a 307
defendant must sign to consent to treatment. 308
(b) A consent form must include the defendant's consent to 309
treatment and to the release of any records necessary to 310
demonstrate compliance with and completion of treatment. 311
Additionally, the consent form must include that the defendant 312
agrees to waive his or her right to speedy trial by 313
participating in the diversion program. A defendant must sign 314
the consent form to participate in the diversion program. 315
(3) Within 24 hours after a d efendant is booked into a 316
jail, the jail's corrections or medical staff may screen the 317
defendant using a standardized, validated mental health 318
screening instrument to determine if there is an indication of a 319
mental illness. If there is an indication of a m ental illness, 320
the defendant may be promptly evaluated for involuntary 321
examination under chapter 394 by a qualified mental health 322
professional. In conducting this evaluation, the qualified 323
mental health professional may evaluate the defendant as if he 324
or she is at liberty in the community and may not rely on the 325
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person's incarcerated status to defeat the involuntary 326
examination criteria provided for in s. 394.463. 327
(a) If the evaluation demonstrates that the defendant 328
meets the criteria for involuntary exa mination under s. 394.463, 329
the qualified mental health professional may issue a 330
professional certificate referring the defendant to a receiving 331
facility. 332
(b) Upon the issuance of a professional certificate, the 333
defendant must be transported within 72 hou rs to a receiving 334
facility for further evaluation for involuntary examination 335
under chapter 394. Such transport may be made with a hold for 336
jail custody notation so that the receiving facility may only 337
release the defendant back to jail custody. Alternativ ely, the 338
court may request on the transport order that the defendant be 339
transported back to appear before the court, depending upon the 340
outcome of the evaluation at the receiving facility, the court's 341
availability of other resources and diversion programs, and the 342
willingness of the defendant to receive treatment. 343
(c) Once at the receiving facility, the defendant may be 344
assessed and evaluated to determine whether he or she meets the 345
criteria for involuntary services under chapter 394. If the 346
criteria are met, the receiving facility may forward the court a 347
discharge plan when the defendant no longer meets criteria for 348
inpatient treatment, or an outpatient treatment plan, as 349
appropriate, as soon as such a plan is developed. If the 350
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defendant does not meet the criteria for involuntary services, 351
the receiving facility may issue an outpatient treatment plan 352
and forward it to the court as soon as such plan is developed. 353
If appropriate, the receiving facility may notify the court that 354
no treatment is necessary. 355
(d) Upon receipt of a discharge plan or an outpatient 356
treatment plan, the court may consider releasing the defendant 357
on his or her own recognizance on the condition that he or she 358
comply fully with the discharge plan or outpatient treatment 359
plan. The state attorney and the defense attorney must have an 360
opportunity to be heard before the court releases the defendant. 361
(e) If a professional certificate is not issued under 362
paragraph (a), but the defendant has a mental illness, the court 363
must order that the def endant be assessed for outpatient 364
treatment by a local mental health treatment center. This 365
assessment may be completed: 366
1. At the jail via telehealth assessment by the local 367
mental health treatment center; 368
2. At the local mental health treatment cente r after the 369
sheriff or jail authorities transport the defendant to and from 370
the treatment center; or 371
3. By releasing the defendant on his or her own 372
recognizance on the conditions that the assessment be completed 373
at the local mental health treatment cent er within 48 hours 374
after his or her release and that all treatment recommendations 375
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be followed. If the assessment results in an outpatient 376
treatment plan, and the defendant has not already been released, 377
the defendant may be released on his or her own reco gnizance on 378
the condition that all treatment recommendations must be 379
followed. The state attorney and the defense attorney must have 380
an opportunity to be heard before the court releases the 381
defendant. 382
(f) If the defendant is released from the custody of the 383
jail on pretrial release at any point before the completion of 384
the process in this section, evaluation or assessment of the 385
defendant under this section by a qualified mental health 386
professional may be initiated at any time by order of the court 387
at the request of the state attorney or the defense attorney, or 388
on the court's own motion. If this process results in the 389
creation of a discharge plan by a receiving facility or an 390
outpatient treatment plan by the local mental health treatment 391
center, the court may set as a condition of the defendant's 392
continued pretrial release compliance with all of the terms of 393
the discharge plan or outpatient treatment plan. 394
(4) If a defendant has not been referred to the diversion 395
program under this section, the state att orney, the defense 396
attorney, or the court may, at any stage of the criminal 397
proceedings, request that the defendant be screened pursuant to 398
subsection (3) to determine if there is an indication of mental 399
illness. If the defendant is no longer in custody, t he defendant 400
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may be evaluated or assessed pursuant to paragraph (3)(f). 401
(5) Upon the defendant's successful completion of all of 402
the treatment recommendations from any mental health evaluation 403
or assessment completed pursuant to this section, the state 404
attorney must consider dismissal of the charges. If dismissal is 405
deemed inappropriate by the state attorney, the state attorney 406
may consider referral of the defendant's case to mental health 407
court or another available mental health diversion program. 408
(6) If the defendant fails to comply with any aspect of 409
his or her discharge or outpatient treatment plan under this 410
section, the court may exhaust therapeutic interventions aimed 411
at improving compliance before considering returning the 412
defendant to the jail. 413
Section 5. Section 916.136, Florida Statutes, is created 414
to read: 415
916.136 Pretrial felony mental health diversion program. — 416
(1) As used in this section, the term: 417
(a) "Conviction" means a determination of guilt that is 418
the result of a plea agreement, including a plea of nolo 419
contendere, or trial. For purposes of this section, a conviction 420
does not include an offense for which an adjudication of guilt 421
was withheld. 422
(b) "Court" means a circuit court or any court presiding 423
over felony violations under the laws of this state or any of 424
its political subdivisions. 425
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(c) "Defendant" means a person who has been charged as an 426
adult by a law enforcement agency or a state attorney with a 427
felony of the second degree or felony of the third degree, and 428
who is eligible for the diversion program as provided in 429
subsection (3). 430
(d) "Qualified mental health professional" means a 431
physician, a physician assistant, a clinical psychologist, a 432
psychiatric nurse, an advanced practice registered nurse 433
registered under s. 464.0123, or a mental health counselor, a 434
marriage and family therapist, or a clinical social worker, as 435
those terms are defined in s. 394.455. 436
(2) A community desiring to establish a pretrial felony 437
mental health diversion program to divert clini cally appropriate 438
defendants from jails to treatment is encouraged to apply for 439
the Criminal Justice, Mental Health, and Substance Abuse 440
Reinvestment Grant Program under s. 394.656 for the purpose of 441
obtaining funds to plan, implement, or expand such progr ams. 442
This section provides a model process for diverting such 443
defendants to treatment, but this process may be modified 444
according to each community's particular resources. 445
(a) The local sheriff's department, the state attorney, 446
the public defender, the c ourt, and local treatment providers 447
may collaborate to establish policies and procedures to meet the 448
specific needs of each community and to develop a form that a 449
defendant must sign to consent to treatment. 450
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(b) A consent form must include the defendant' s consent to 451
treatment and to the release of any records necessary to 452
demonstrate compliance with and completion of treatment. 453
Additionally, such form must include that the defendant agrees 454
to waive his or her right to speedy trial by participating in 455
the diversion program. A defendant must sign the consent form to 456
participate in the diversion program. 457
(3) A defendant may be eligible for the pretrial felony 458
mental health diversion program under this section if he or she 459
meets the following criteria: 460
(a) Has a mental illness; 461
(b) Has no more than three prior felony convictions in the 462
past 5 years; 463
(c) Is not charged with a violent felony; and 464
(d) Does not have a significant history of violence. 465
466
The state attorney has the sole discretion to determin e a 467
defendant's eligibility for the pretrial felony mental health 468
diversion program. Meeting the criteria in this subsection does 469
not guarantee eligibility. Additionally, the state attorney may, 470
in extenuating circumstances, waive the criteria in this 471
subsection if he or she finds that it is in the interest of 472
justice. 473
(4) At any stage in the pretrial process, the state 474
attorney may recommend that a defendant be screened using a 475
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standardized, validated mental health screening instrument to 476
determine if there is an indication of mental illness. Such 477
screening may be completed by the jail's corrections or medical 478
staff or by any qualified mental health professional. The 479
results of such screening must be forwarded to the state 480
attorney and the defense attorne y. 481
(5) If there is an indication of mental illness, the state 482
attorney may consider an offer of pretrial felony mental health 483
diversion under this section. Entry into the diversion program 484
is voluntary, and the defendant must sign the consent form as 485
described in subsection (2) before participating in the program. 486
(6) Upon the defendant agreeing to participate in pretrial 487
felony mental health diversion under this section, the defendant 488
must be assessed for outpatient treatment by a local mental 489
health treatment center. This assessment may be completed: 490
(a) At the jail via telehealth assessment by the local 491
mental health treatment center; 492
(b) At the local mental health treatment center after the 493
sheriff or jail authorities transport the defendant to a nd from 494
the treatment center; or 495
(c) By releasing the defendant on his or her own 496
recognizance on the conditions that the assessment be completed 497
at the local mental health treatment center within 48 hours 498
after his or her release and that all treatment recommendations 499
be followed. If the assessment results in an outpatient 500
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treatment plan, and the defendant has not already been released, 501
the defendant may be released on his or her own recognizance on 502
the condition that all treatment recommendations be fol lowed. 503
(7) Upon the defendant's successful completion of all 504
treatment recommendations from the mental health evaluation or 505
assessment completed pursuant to this section, the state 506
attorney must consider dismissal of the charges. 507
(8) If the defendant f ails to comply with pretrial release 508
or with any aspect of his or her treatment plan under this 509
section, the state attorney may revoke the defendant's 510
participation in the pretrial felony mental health diversion 511
program. 512
Section 6. Paragraph (a) of sub section (3) of section 513
916.185, Florida Statutes, is amended to read: 514
916.185 Forensic Hospital Diversion Pilot Program. — 515
(3) CREATION.—There is authorized a Forensic Hospital 516
Diversion Pilot Program to provide competency -restoration and 517
community-reintegration services in either a locked residential 518
treatment facility when appropriate or a community -based 519
facility based on considerations of public safety, the needs of 520
the individual, and available resources. 521
(a) The department may implement a Forensi c Hospital 522
Diversion Pilot Program modeled after the Miami -Dade Forensic 523
Alternative Center, taking into account local needs and 524
resources in Okaloosa County, in conjunction with the First 525
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Judicial Circuit in Okaloosa County; in Duval County, in 526
conjunction with the Fourth Judicial Circuit in Duval County; in 527
Broward County, in conjunction with the Seventeenth Judicial 528
Circuit in Broward County; and in Miami-Dade County, in 529
conjunction with the Eleventh Judicial Circuit in Miami -Dade 530
County; and in Hillsborough County, in conjunction with the 531
Thirteenth Judicial Circuit in Hillsborough County . 532
Section 7. Section 945.093, Florida Statutes, is created 533
to read: 534
945.093 Requirements for work assignments and programs. —535
The department shall evaluate, at a minimum, the physical and 536
mental health of each inmate eligible for a work assignment or 537
correctional work program and shall document approval of 538
eligibility before the inmate receives orders for the assignment 539
or program. The department may use discretion in determining 540
whether an inmate is appropriate for an assignment. 541
Section 8. Section 948.0395, Florida Statutes, is created 542
to read: 543
948.0395 Probation conditions for defendants with mental 544
illness.—A defendant who was adjudicated incompetent to pr oceed 545
due to a mental illness under chapter 916 and later regained 546
competency, and who is sentenced to a term of probation, must 547
have as a condition of such probation a mental health evaluation 548
and must follow all recommendations of the evaluation. 549
Section 9. Present subsection (4) of section 1004.649, 550
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Florida Statutes, is redesignated as subsection (5), and a new 551
subsection (4) is added to that section, to read: 552
1004.649 Northwest Regional Data Center. — 553
(4) The Florida Behavioral Health Care Data R epository is 554
created within the Northwest Regional Data Center as the 555
administrative manager of the state data center. 556
(a) The data repository is created for the purpose of: 557
1. Collecting and analyzing existing statewide behavioral 558
health care data to: 559
a. Better understand the scope of and trends in behavioral 560
health services, spending, and outcomes to improve patient care 561
and enhance the efficiency and effectiveness of behavioral 562
health services; 563
b. Better understand the scope of, trends in, and 564
relationship between behavioral health, criminal justice, 565
incarceration, and the use of behavioral health services as a 566
diversion from incarceration for individuals with mental 567
illness; and 568
c. Enhance the collection and coordination of treatment 569
and outcome information as an ongoing evidence base for research 570
and education related to behavioral health. 571
2. Developing useful data analytics, economic metrics, and 572
visual representations of such analytics and metrics to inform 573
relevant state agencies and the Legislature of data and trends 574
in behavioral health. 575
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(b) The Northwest Regional Data Center shall develop a 576
plan to do all of the following: 577
1. Create a centralized, integrated, and coordinated data 578
system. 579
2. Develop, in collaboration with the Data Analysis 580
Committee of the Commission on Mental Health and Substance Use 581
Disorder created under s. 394.9086, a governance structure that 582
will implement and operate the repository. 583
3. Incorporate existing data from relevant state agencies, 584
including, but not limited to, the Agency for Health Care 585
Administration, the Department of Children and Families, the 586
Department of Juvenile Justice, the Office of the State Courts 587
Administrator, and the Department of Corrections. 588
4. Identify relevant data and metrics to support 589
actionable information and ensure the efficient and responsible 590
use of taxpayer dollars within behavioral health systems of 591
care. 592
5. Develop and detail data security requirements for the 593
repository. 594
6. Develop, in collaboration with the Comm ission on Mental 595
Health and Substance Use Disorder and relevant stakeholders, a 596
structure for an annual analysis and report that gives state 597
agencies and the Legislature a better understanding of trends 598
and issues in the state's behavioral health systems o f care 599
generally and the trends and issues in behavioral health systems 600
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related to criminal justice treatment, diversion, and 601
incarceration. 602
(c) By December 1, 2025, the Northwest Regional Data 603
Center, in collaboration with the Data Analysis Committee of the 604
Commission on Mental Health and Substance Use Disorder, shall 605
submit the developed plan for implementation and ongoing 606
operation with a proposed budget to the Governor, the President 607
of the Senate, and the Speaker of the House of Representatives 608
for review. 609
(d) Beginning December 1, 2026, and annually thereafter, 610
the Florida Behavioral Health Care Data Repository shall submit 611
the developed trends and issues report under subparagraph (b)6. 612
to the Governor, the President of the Senate, and the Speaker of 613
the House of Representatives. 614
Section 10. This act shall take effect October 1, 2025. 615