STORAGE NAME: h1207d.JDC
DATE: 4/15/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1207
TITLE: Mental Health
SPONSOR(S): Cobb, Daley
COMPANION BILL: CS/SB 168 (Bradley)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
16 Y, 0 N
Human Services
15 Y, 0 N
Judiciary
SUMMARY
Effect of the Bill:
HB 1207:
Expands use of Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program funds
and exempts fiscally constrained counties from certain grant requirements.
Provides model processes for both misdemeanor and felony mental health diversion programs.
Authorizes the Department of Children and Families to implement a Forensic Hospital Diversion Pilot
Program in Hillsborough County, in conjunction with the Thirteenth Judicial Circuit.
Requires the Department of Corrections to evaluate the physical and mental health of each inmate eligible
for a work assignment or correctional work program prior to final assignment.
Authorizes a court to make a mental health evaluation and any resulting recommendations conditions of
probation in certain circumstances.
Establishes the Florida Behavioral Health Care Data Repository (data repository) within the Northwest
Regional Data Center (NWRDC). The data repository is created to collect and analyze existing statewide
data related to behavioral health care in the state.
Requires NWRDC to develop and submit an implementation and ongoing operation plan and proposed
budget for the data repository to the Governor and the Legislature by December 1, 2025.
Requires the data repository to submit an annual report on the trends and issues the data repository has
identified to the Governor and the Legislature beginning December 1, 2026.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state and local governments. See Fiscal or Economic Impact.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
HB 1207 may be cited as the Tristin Murphy Act. (Section 1)
Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program
The bill authorizes county grantees to utilize Criminal Justice, Mental Health, and Substance Abuse Reinvestment
Grant Program (Reinvestment Grant Program) funds to support:
Specialized training for 911 public safety telecommunicators and emergency medical technicians to assist
in determining which response team is most appropriate under the circumstances. A response team may
include, but is not limited to, a law enforcement agency, an emergency medical response team, a crisis
intervention team, or a mobile crisis response service. Each affected agency must consider what resources
are available in the community. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Veterans treatment court programs. (Section 2)
Additionally, the bill exempts fiscally constrained counties applying for a grant through the Reinvestment Grant
Program from the requirement for a county to make available resources that match the total amount of the grant
awarded. (Section 2)
Misdemeanor or Ordinance Violation Mental Health Diversion Program
The bill provides a model process for a misdemeanor or ordinance violation mental health diversion program for
diverting clinically appropriate defendants from jails to treatment. The bill encourages a community desiring to
establish such a diversion program to apply for the Criminal Justice, Mental Health, and Substance Abuse
Reinvestment Grant Program to obtain funds to plan, implement, or expand such a mental health diversion
program. The bill allows the process to be modified according to each community’s particular resources; however,
a community that obtains a Reinvestment Grant Program grant in order to plan, implement, or expand such a
diversion program must adhere to the model processes to the extent that local resources are available to do so.
(Section 4)
Local sheriffs’ departments, state attorneys, public defenders, courts, and local treatment providers are authorized
to collaborate to establish policies and procedures to meet the specific needs of each community and to develop a
form that a defendant must sign to consent to treatment. (Section 4)
The consent form must include the defendant’s consent to:
Treatment.
Release any records necessary to demonstrate compliance with and completion of treatment.
Waive his or her right to speedy trial by participating in the diversion program. (Section 4)
The bill authorizes a defendant to be screened by a jail’s corrections or medical staff within 24 hours of being
booked into a jail using a standardized, validated mental health screening instrument to determine if there is an
indication of a mental illness, and if mental illness is indicated, authorizes the defendant to be evaluated for
involuntary examination by a qualified mental health professional. The qualified mental health professional may
evaluate the defendant as if he or she is at liberty in the community, and may not rely on the defendant’s
incarcerated status to defeat the involuntary examination criteria. (Section 4)
If a defendant meets the criteria for involuntary examination, the qualified mental health professional may issue a
professional certificate referring the defendant to a receiving facility. Upon issuance of a professional certificate,
the defendant must be transported within 72 hours to a receiving facility for further evaluation for involuntary
examination. Transportation may be made with a hold for jail custody notation so that the receiving facility can
only release the defendant back to jail custody. Alternatively, the court may request that the defendant be
transported back to appear before the court, depending upon the outcome of the evaluation at the receiving
facility, the court’s availability of other resources and diversion programs, and the willingness of the defendant to
receive treatment. (Section 4)
The bill further authorizes the defendant to be assessed and evaluated to determine whether he or she meets the
criteria for involuntary services at the receiving facility. If criteria are met, the receiving facility may forward the
court a discharge plan when the defendant no longer meets the criteria for involuntary services. If the defendant
does not meet the criteria for involuntary services, the receiving facility may issue an outpatient treatment plan
and forward it to the court, or a facility may notify the court that no treatment is necessary. (Section 4)
The court, upon receipt of a discharge plan or an outpatient treatment plan, may consider releasing the defendant
on his or her own recognizance on the condition he or she comply fully with the discharge plan or outpatient
treatment plan. The state attorney and defense attorney must have an opportunity to be heard before the court
releases the defendant. (Section 4)
If a professional certificate is not issued, but a defendant has a mental illness, the bill requires the court to order
the defendant to be assessed for outpatient treatment by a local mental health treatment center. This assessment
may be completed: JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
At the jail via telehealth by the local mental health treatment center;
At the local mental health treatment center after the sheriff or jail authorities transport the defendant to
and from the treatment center; or
By releasing the defendant on his or her own recognizance on the conditions that the assessment be
completed at the local mental health treatment center within 48 hours after his or her release and that all
treatment recommendations be followed. (Section 4)
If such an assessment results in an outpatient treatment plan, and the defendant has not already been released, the
defendant may be released on his or her own recognizance on the condition that all treatment recommendations
be followed. The state attorney and the defense attorney must have an opportunity to be heard before such release.
(Section 4)
The bill authorizes the court to order at any time at the request of the state attorney or the defense attorney, or on
the court’s own motion, that the defendant be evaluated or assessed by a qualified mental health professional, if
the defendant was released from custody on pretrial release before the completion of this process. If such an
evaluation and assessment results in the creation of a discharge plan by a receiving facility or an outpatient
treatment plan by the local mental health treatment center, the court may require the defendant to comply with all
the terms of the discharge plan or outpatient treatment plan as a condition of his or her continued pretrial release.
(Section 4)
The bill also authorizes the state attorney, the defense attorney, or the court to request that the defendant be
screened at any stage of the criminal proceedings to determine if there is an indication of mental illness. If the
defendant is no longer in custody, he or she may be evaluated and assessed as provided for defendants who are on
pretrial release. (Section 4)
Upon the defendant’s successful completion of all treatment recommendations from any mental health evaluation
or assessment completed, the state attorney must consider dismissing the defendant’s charges. If dismissal is
deemed inappropriate, the state attorney may refer the case to a mental health court or another available mental
health diversion program. (Section 4)
If the defendant fails to comply with the discharge or outpatient treatment plan, the court may exhaust therapeutic
interventions aimed at improving compliance before considering returning the defendant to jail. (Section 4)
Pretrial Felony Mental Health Diversion Program
The bill provides a model process for a pretrial felony mental health diversion program to divert clinically
appropriate defendants from jails to treatment. The bill allows for the process to be modified according to each
community’s particular resources. The bill encourages a community desiring to establish such a diversion program
to apply for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program to obtain funds
to plan, implement, or expand such a mental health diversion program. (Section 5)
Local sheriffs’ departments, state attorneys, public defenders, courts, and local treatment providers are authorized
to collaborate to establish policies and procedures to meet the specific needs of each community and to develop a
form that a defendant must sign to consent to treatment. (Section 5)
The consent form must include the defendant’s consent to:
Treatment.
Release any records necessary to demonstrate compliance with and completion of treatment.
Waive his or her right to speedy trial by participating in the diversion program. (Section 5)
A defendant may be eligible for the pretrial felony mental health diversion program if he or she meets the following
criteria:
Has a mental illness;
Has no more than three prior felony convictions in the past five years;
Is not charged with a violent felony; and
Does not have a significant history of violence. (Section 5) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The bill specifies that the state attorney has the sole discretion to determine eligibility for the program, regardless
of whether criteria are met. The state attorney may also waive criteria in extenuating circumstances. (Section 5)
At any stage in the pretrial process, the state attorney may recommend a defendant be screened using a
standardized, validated mental health screening instrument to determine if there is an indication of mental illness.
Such screening may be completed by the jail’s corrections or medical staff or by any qualified mental health
professional, and the results of such screening must be forwarded to the state attorney and the defense attorney. If
there is an indication of mental illness, the state attorney may consider allowing the defendant to participate in the
pretrial felony mental health diversion program. (Section 5)
If a defendant agrees to participate in the diversion program he or she must be assessed for outpatient treatment
by a local mental health treatment center. This assessment may be completed:
At the jail via telehealth by the local mental health treatment center;
At the local mental health treatment center after the sheriff or jail authorities transport the defendant to
and from the treatment center; or
By releasing the defendant on his or her own recognizance on the conditions that the assessment be
completed at the local mental health treatment center within 48 hours after his or her release and that all
treatment recommendations be followed. (Section 5)
If the assessment results in an outpatient treatment plan and the defendant has not already been released, the
defendant may be released on his or her own recognizance on the condition that all treatment recommendations
be followed. (Section 5)
If the defendant successfully completes the treatment recommendations from the mental health evaluation or
assessment, the state attorney must consider dismissing the charges. If the defendant fails to comply with pretrial
release, or any aspect of his or her treatment plan, the state attorney may revoke the defendant’s participation in
the program. (Section 5)
Forensic Hospital Diversion Pilot Program
The bill authorizes the Department of Children and Families (DCF) to implement a Forensic Hospital Diversion
Pilot Program in Hillsborough County, in conjunction with the Thirteenth Judicial Circuit. (Section 6)
Florida Behavioral Health Care Data Repository
The bill creates the Florida Behavioral Health Care Data Repository within the Northwest Regional Data Center
(NWRDC) as the administrative manager of the state data center. The data repository is created to:
Collect and analyze existing statewide behavioral health care data to:
o Better understand the scope of and trends in behavioral health services, spending, and outcomes to
improve patient care and enhance the efficiency and effectiveness of behavioral health services.
o Better understand the scope of, trends in, and relationship between behavioral health, criminal
justice, incarceration, and the use of behavioral health services as a diversion from incarceration for
individuals with mental illness.
o Enhance the collection and coordination of treatment and outcome information as an ongoing
evidence base for research and education related to behavioral health.
Develop useful data analytics, economic metrics, and visual representations of such analytics and metrics to
inform relevant state agencies and the Legislature of data and trends in behavioral health. (Section 9)
The bill requires the NWRDC to develop a plan that:
Creates a centralized, integrated, and coordinated data system.
Develops, in collaboration with the Data Analysis Committee of the Commission on Mental Health and
Substance Use Disorder, a governance structure that will implement and operate the repository.
Incorporates existing data from relevant state agencies, including, but not limited to, the Agency for Health
Care Administration, DCF, the Department of Juvenile Justice, the Office of the State Courts Administrator,
and the Department of Corrections (DOC). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Identifies relevant data and metrics to support actionable information and ensure efficient and responsible
use of taxpayer dollars within the behavioral health systems of care.
Develops and details data security requirements for the repository.
Develops, in collaboration with the Commission on Mental Health and Substance Use Disorder and relevant
stakeholders, a structure for an annual analysis and report that gives state agencies and the Legislature
better understanding of trends and issues in the state’s behavioral health systems of care generally and the
trends and issues in behavioral health systems related to criminal justice treatment, diversion, and
incarceration. (Section 9)
The bill requires the NWRDC to collaborate with the Data Analysis Committee of the Commission on Mental Health
and Substance Use Disorder to submit a developed plan for implementation and ongoing operation of the data
repository with a proposed budget to the Governor, the President of the Senate, and the Speaker of the House of
Representatives by December 1, 2025. (Section 9)
The bill requires the Florida Behavioral Health Care Data Repository to annually submit, beginning December 1,
2026, the developed trends and issues report to the Governor, the President of the Senate, and the Speaker of the
House of Representatives. (Section 9)
Additional Mental Health Provisions
The bill provides additional Legislative intent concerning Florida’s Forensic Client Services Act. As to this Act, the
Legislature intends that a defendant who is charged with certain felonies, any misdemeanor, or any ordinance
violation and who has a mental illness, intellectual disability, or autism be evaluated and provided services in a
community setting, whenever this is a feasible alternative to incarceration. Additionally, the Legislature intends
that law enforcement agencies in this state provide law enforcement officers with crisis intervention team training.
(Section 3)
The bill requires DOC to evaluate, at a minimum, the physical and mental health of each inmate eligible for a work
assignment or correctional work program and to document approval of eligibility before such inmate receives
orders for the assignment or program. The bill allows for DOC to use discretion in determining whether an inmate
is appropriate for an assignment. (Section 7)
The bill requires that a defendant who was adjudicated incompetent to proceed due to a mental illness and later
regained competency, and who is sentenced to probation, must have as a condition of probation a mental health
evaluation and must be required to follow all recommendations of the evaluation. (Section 8)
The bill provides an effective date of October 1, 2025. (Section 10)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
This bill may have an indeterminate negative impact on state receiving facilities to the extent that additional
resources are required to serve an influx of defendant patients through programs authorized by the bill.
Additionally, the bill may have an indeterminate positive fiscal impact on DOC facilities due to certain
misdemeanor and felony offenders being diverted from incarceration in a state correctional facility.
The Commission on Mental Health and Substance Use Disorder has identified that the startup, implementation, and
sustainability of the data repository will require $794,880 annually.
1
There is an indeterminate fiscal impact on the Agency for Health Care Administration, specific to the Medicaid
program, which is dependent on the amount of outpatient behavioral health Medicaid services received by the
1
Commission on Mental Health and Substance Use Disorder, Appendix D: Statewide Data Repository Budget Justification, (on
file with the House Criminal Justice Subcommittee). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
population affected by the bill, as well as the number of Medicaid eligible individuals who qualify for the diversion
programs, the number of Medicaid eligible who opt-in the diversion programs, and Medicaid eligible individual
compliance with the terms of the diversion program or probation.
2
There is a fiscal impact on the Department of Children and Families related to the Forensic Hospital Diversion Pilot
Program in Hillsborough County, which the department estimates will be $1,500,000 annually.
3
LOCAL GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on local jails to the extent they will need to hire
additional staff to screen incoming offenders, or to transport them to and from receiving facilities.
The bill may also have an indeterminate positive fiscal impact on local jails due to certain misdemeanor and felony
offenders being diverted from detention or incarceration.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program
In 2007, the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program (Reinvestment
Grant Program) was created within DCF for the purpose of providing funding to counties for planning,
implementing, or expanding initiatives that increase public safety, avert increased spending on criminal justice,
and improve the accessibility and effectiveness of treatment services for adults and juveniles who have a mental
illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders and who are in, or
at risk of entering, the criminal or juvenile justice systems.
4
A county
5 may apply for a one-year planning grant or a three-year implementation or expansion grant. The
purpose of such a grant is to demonstrate that investment in treatment efforts related to mental illness, substance
abuse disorders, or co-occurring mental health and substance abuse disorders result in a reduced demand on the
resources of the judicial, corrections, juvenile detention, and health and social services systems.
6
The Criminal Justice, Mental Health, and Substance Abuse Statewide Grant Review Committee
7 has established
requirements and application criteria for a county to apply for such a grant.
The application criteria for a one-year planning grant requires the applicant county to have a strategic plan
to initiate systemic change to identify and treat individuals who have a mental illness, substance abuse
disorder, or co-occurring mental health and substance abuse disorder, who are in, or at risk of entering, the
criminal or juvenile justice systems. The grant funds must be used to collaborate with affected
governmental agencies, mental health and substance abuse treatment service providers, transportation
programs, and housing assistance programs to develop a problem-solving model and strategic plan for
treating such adults and juveniles and doing so at the earliest point of contact, taking public safety into
account. The plan must include strategies to divert individuals from judicial commitment to community-
based service programs offered by DCF.
8
The application criteria for a three-year implementation or expansion grant requires information from a
county demonstrating its completion of a well-established collaboration plan that includes public-private
2
Agency for Health Care Administration, Agency Bill Analysis for HB 1207 (2025), p. 2 (Apr. 1, 2025).
3
Department of Children and Families, Agency Bill Analysis for HB 1207 (2025), p. 4 (Mar. 31, 2025).
4
Ch. 2007-200, L.O.F.
5
Not-for-profit community providers or managing entities designated by a county planning council or committee may also
apply. S. 394.656(5)(a), F.S.
6
Id.
7
S. 394.656(2), F.S. The Committee advises DCF in selecting priorities for grants and investing awarded grant moneys.
8
S. 394.658(1)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
partnership models and the application of evidence-based practices.
9 The implementation or expansion
grants may be used to fund programs and diversion initiatives including, but not limited to, the following:
o Mental health courts.
o Diversion programs.
o Alternative prosecution and sentencing programs.
o Crisis intervention teams.
o Treatment accountability services.
o Specialized training for criminal justice, juvenile justice, and treatment services professionals.
o Service delivery of collateral services such as housing, transitional housing, and supported
employment.
o Reentry services to create or expand mental health and substance abuse services and supports for
affected persons.
o Coordinated specialty care programs.
10
Additionally, each county must include specified information in its application, including the following:
An analysis of the current population of the jail and juvenile detention center in the county.
A description of the interventions the county intends to use to serve one or more clearly defined subsets of
the population of the jail and juvenile detention center who have a mental illness or to serve those at risk of
arrest and incarceration. The interventions a county may use with the target population may include, but
are not limited to:
o Specialized responses by law enforcement agencies.
o Centralized receiving facilities for individuals evidencing behavioral difficulties.
o Postbooking alternatives to incarceration.
o New court programs, including pretrial services and specialized dockets.
o Specialized diversion programs.
o Intensified transition services that are directed to the designated populations while they are in jail
or juvenile detention to facilitate their transition to the community.
o Specialized probation processes.
o Day-reporting centers.
o Linkages to community-based, evidence-based treatment programs for adults and juveniles who
have mental illness or substance abuse disorders.
o Community services and programs designed to prevent high-risk populations from becoming
involved in the criminal or juvenile justice system.
The projected effect the proposed initiatives will have on the population and the budget of the jail and
juvenile detention center.
The proposed strategies that the county intends to use to preserve and enhance its community mental
health and substance abuse system, which serves as the local behavioral health safety net for low-income
and uninsured individuals.
The proposed strategies that the county intends to use to continue the implemented or expanded programs
and initiatives that have resulted from the grant funding.
11
Grants may not be awarded unless the applicant county makes available resources in an amount equal to the total
amount of the grant. For fiscally constrained counties,
12 the available resources may be only 50 percent of the total
amount of the grant.
13 Currently, 23 counties are funded under a planning, implementation, or expansion grant and
another 16 counties have applications pending.
14
9
S. 394.658(1)(b), F.S.
10
S. 394.658(1)(b), F.S.
11
S. 394.658(1)(c), F.S.
12
There are currently 29 counties that meet the statutory criteria (s. 218.67, F.S.) for “fiscally constrained.” Six of those
counties, including Dixie, Gadsden, Glades, Hendry, Levy, and Okeechobee, are the recipients or applicants of funding. DCF,
Office of Substance Abuse and Mental Health, Criminal Justice Reinvestment Grants (on file with the House Criminal Justice
Subcommittee).
13
S. 394.658(2), F.S.
14
DCF, supra note 10. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
In Fiscal Year (FY) 2022-2023 DCF funded 33 implementation or expansion grants and one planning grant.
15 To
date, Florida’s Reinvestment Grant Program has served more than 12,000 Floridians and resulted in a cost savings
of over $54 million by providing services in the community rather than in the criminal justice system.
16
The Florida Mental Health Act
The Florida Mental Health Act,
17 commonly referred to as the Baker Act, was enacted in 1971 to revise the state’s
mental health commitment laws.
18 The Act includes legal procedures for mental health examination and treatment,
including voluntary and involuntary examinations. It additionally protects the rights of all individuals examined or
treated for mental illness in Florida.
19
Involuntary Examination
Individuals in an acute mental or behavioral health crisis may require emergency treatment to stabilize their
condition. Emergency mental health examination and stabilization services may be provided on a voluntary or
involuntary basis.
20 An involuntary examination may be required if there is reason to believe that a person has a
mental illness and because of his or her mental illness he or she:
Has refused voluntary examination; or
Is unable to determine for himself or herself whether examination is necessary; and
21
Without care or treatment:
He or she is likely to suffer from neglect or refuse to care for himself or herself to the extent that such
neglect or refusal poses a real and present threat of substantial harm to his or her well-being, and it does
not appear that such harm can be avoided through the help of willing, able, and responsible family
members or friends or the provision of other services; or
There is a substantial likelihood that he or she will cause serious bodily harm to himself or herself or
others in the near future, as evidenced by recent behavior.
22
An involuntary examination may be initiated by:
A circuit or county court entering an ex parte order stating that a person appears to meet the criteria for
involuntary examination;
23
A law enforcement officer taking a person who appears to meet the criteria for involuntary examination
into custody and delivering the person or having him or her delivered to a receiving facility for
examination;
24 or
A physician, physician assistant, clinical psychologist, psychiatric nurse, an autonomous advanced practice
registered nurse, mental health counselor, marriage and family therapist, or clinical social worker
executing a certificate stating that he or she has examined a person within the preceding 48 hours and
finds that the person appears to meet the criteria for involuntary examination.
25
Involuntary examination patients must be taken to a facility that has been designated by DCF as a receiving facility.
Receiving facilities, often referred to as Baker Act receiving facilities, are public or private facilities designated by
DCF to receive and hold or refer, as appropriate, involuntary patients under emergency conditions for mental
health or substance abuse evaluation and to provide treatment or transportation to the appropriate service
provider.
26 Under the Baker Act, a receiving facility must examine an involuntary patient within 72 hours of
15
Id.
16
Id.
17
Ss. 394.451–394.47892, F.S.
18
The Baker Act is contained in Part I of ch. 394, F.S.
19
S. 394.459, F.S.
20
Ss. 394.4625 and 394.463, F.S.
21
S. 394.463(1)(a), F.S.
22
S. 394.463(1)(b), F.S.
23
S. 394.463(2)(a)1., F.S.
24
S. 394.463(2)(a)2., F.S..
25
S. 394.463(2)(a)3., F.S.
26
S. 394.455(40), F.S. This term does not include a county jail. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
arrival.
27 During that 72 hours, an involuntary patient must be examined by a physician or a clinical psychologist,
or by a psychiatric nurse performing within the framework of an established protocol with a psychiatrist at a
facility, to determine if the criteria for involuntary services are met.
28
Within that 72-hour examination period, one of the following must happen:
The patient must be released, unless he or she is charged with a crime, in which case law enforcement will
assume custody;
The patient must be released for voluntary outpatient treatment;
The patient, unless charged with a crime, must give express and informed consent to be placed and
admitted as a voluntary patient; or
A petition for involuntary services must be filed in the circuit court or county court, as applicable.
29
The receiving facility may not release an involuntary examination patient without the documented approval of a
psychiatrist or a clinical psychologist. However, if the receiving facility is owned or operated by a hospital, health
system, or a nationally-accredited community mental health center, a psychiatric nurse performing within the
framework of an established protocol with a psychiatrist, or an attending emergency department physician with
experience in the diagnosis and treatment of mental illness may also approve release. However, a psychiatric nurse
is prohibited from approving a patient’s release if the involuntary examination was initiated by a psychiatrist
unless the release is approved by the initiating psychiatrist.
30
Involuntary Services
Involuntary Outpatient Services
A person may be ordered to involuntary outpatient services upon a finding of the court that by clear and
convincing evidence, all of the following factors are met:
The person has a mental illness and, because of his or her mental illness:
o He or she is unlikely to voluntarily participate in a recommended services plan and has refused
voluntary services for treatment after sufficient and conscientious explanation and disclosure of
why the services are necessary; or
o Is unable to determine for himself or herself whether services are necessary.
The person is unlikely to survive safely in the community without supervision, based on a clinical
determination.
The person has a history of lack of compliance with treatment for mental illness.
In view of the person's treatment history and current behavior, the person is in need of involuntary
outpatient services in order to prevent a relapse or deterioration that would be likely to result in serious
bodily harm to himself or herself or others, or a substantial harm to his or her well-being.
It is likely that the person will benefit from involuntary outpatient services.
All available less restrictive alternatives that would offer an opportunity for improvement of the person's
condition have been deemed to be inappropriate or unavailable.
31
Involuntary Inpatient Placement
A person may be placed in involuntary inpatient placement for treatment upon a finding of the court by clear and
convincing evidence that:
The person has a mental illness and, because of his or her mental illness:
o He or she has refused voluntary inpatient placement for treatment after sufficient and
conscientious explanation and disclosure of the purpose of treatment; or
o Is unable to determine for himself or herself whether inpatient placement is necessary; and
27
S. 394.463(2)(g), F.S.
28
S. 394.463(2)(f), F.S.
29
Id.
30
S. 394.463(2)(f), F.S.
31
S. 394.467(2)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
He or she is incapable of surviving alone or with the help of willing, able, and responsible family or friends,
including available alternative services, and, without treatment, is likely to suffer from neglect or refuse to
care for himself or herself, and such neglect or refusal poses a real and present threat of substantial harm
to his or her well-being; or
Without treatment, there is a substantial likelihood that in the near future the person will inflict serious
bodily harm on himself or herself or others, as evidenced by recent behavior causing, attempting to cause,
or threatening to cause such harm; and
All available less restrictive treatment alternatives that would offer an opportunity for improvement of the
person's condition have been deemed to be inappropriate or unavailable.
32
A patient may be recommended for involuntary outpatient services, involuntary inpatient placement, or a
combination of both.
33
Discharge of Involuntary Patients
At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator
34 must:
Discharge the patient, unless the patient is under a criminal charge, in which case the patient must be
transferred to the custody of the appropriate law enforcement officer;
Transfer the patient to voluntary status on his or her own authority or at the patient's request, unless the
patient is under criminal charge or adjudicated incapacitated; or
Place an improved patient, except a patient under a criminal charge, on convalescent status in the care of a
community facility.
35
Diversion Programs
Diversion programs offer an alternative to traditional prosecution for eligible offenders. If an offender successfully
completes a diversion program and all its requirements he or she may have his or her criminal charges dismissed.
Such programs are authorized in both pre-arrest and post-arrest actions. There are several different types of
diversion programs, sometimes referred to as “problem-solving courts.”
Problem-Solving Courts
Problem-solving courts are designed to address the root causes of a person’s involvement with the justice
system.
36 Such courts do this by utilizing specialized court dockets, multidisciplinary teams, and a non-adversarial
approach to ensure a person receives the individualized treatment he or she needs to successfully leave the justice
system.
37 Currently, more than 180 problem-solving courts operate in 19 of the state’s 20 judicial circuits in
Florida.
38 The most common types of problem-solving courts include:
Adult drug courts;
Adult mental health courts;
Early childhood courts;
Veterans courts;
Juvenile drug courts;
Dependency drug courts;
DUI courts; and
Juvenile mental health courts.
39
32
S. 394.467(2)(b), F.S.
33
S. 394.467(3), F.S.
34
“Administrator” means the chief administrative officer of a receiving or treatment facility or his or her designee. S.
394.455(3), F.S.
35
S. 394.469(1), F.S.
36
Office of the State Courts Administrator (OSCA), Florida Problem-Solving Courts Report, Feb. 28, 2025,
https://www.flcourts.gov/content/download/2448144/file/2024%20Florida%20Problem-
Solving%20Courts%20Annual%20Report%20-%20Final.pdf (last visited Mar. 17, 2025).
37
Id.
38
OSCA, Office of Problem-Solving Courts, https://www.flcourts.gov/Resources-Services/Office-of-Problem-Solving-Courts
(last visited Mar. 17, 2025).
39
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
Forensic Client Services Act
40
DCF and the Agency for Persons with Disabilities (APD) are required to, as appropriate, establish, locate, and
maintain separate and secure forensic facilities and programs for the treatment or training of defendants who have
been charged with a felony and who have been found to be incompetent to proceed due to their mental illness,
intellectual disability, or autism, or who have been acquitted of a felony by reason of insanity, and who, while still
under the jurisdiction of the committing court, are committed to DCF or APD.
Such facilities must be sufficient to accommodate the number of defendants committed under the conditions noted
above and must be designed and administered so that ingress and egress, together with other requirements, may
be strictly controlled by staff responsible for security in order to protect the defendant, facility personnel, other
clients, and citizens in adjacent communities.
41
Such defendants should be served in community settings, in community residential facilities, or in civil facilities,
whenever this is a feasible alternative to treatment or training in a state forensic facility.
42 The use of restraint and
seclusion on persons who are committed to a civil or forensic facility should be used minimally.
43
Miami-Dade Criminal Mental Health Project
In 2000, the Eleventh Judicial Circuit’s Criminal Mental Health Project (CMHP) was established to divert nonviolent
misdemeanor defendants with serious mental illnesses, or co-occurring serious mental illness and substance use
disorders, from the criminal justice system into community-based treatment and support services. Since then, the
program has expanded to serve defendants that have been arrested for less serious felonies and other charges as
deemed appropriate. The program operates two components: pre-booking diversion, consisting of Crisis
Intervention Team training for law enforcement officers; and post-booking diversion serving individuals booked
into the jail and awaiting adjudication. All post-booking participants are provided with individualized transition
planning including linkages to community-based treatment and support services.
44
Miami-Dade Forensic Alternative Center
Since August 2009, the CMHP has overseen the implementation of a state-funded pilot project, the Miami-Dade
Forensic Alternative Center (MDFAC) to demonstrate the feasibility of establishing a program to divert individuals
with mental illnesses committed to DCF from placement in state forensic facilities to placement in community-
based treatment and forensic services. Participants include individuals charged with second and third-degree
felonies that do not have significant histories of violent felony offenses and are not likely to face incarceration if
convicted of their alleged offenses. Participants are adjudicated incompetent to proceed to trial or not guilty by
reason of insanity.
45
Unlike individuals admitted to state forensic treatment facilities, individuals served by MDFAC are not returned to
jail upon restoration of competency, thereby decreasing burdens on the jail and eliminating the possibility that a
person may decompensate while in jail and require readmission to a state facility. To date, the pilot project has
demonstrated more cost-effective delivery of forensic mental health services, reduced burdens on the county jail in
terms of housing and transporting defendants with forensic mental health needs, and more effective community
re-entry and monitoring of individuals who, historically, have been at high risk for recidivism to the justice system
and other acute care settings.
46
Individuals admitted to the MDFAC program are identified as ready for discharge from forensic commitment an
average of 52 days sooner than those who complete competency restoration services in forensic treatment
40
“Forensic client” means any defendant who has been committed to DCF or APD because he or she has been adjudicated
incompetent, found incompetent to procced, or has been adjudicated not guilty by reason of insanity. S. 916.106(9), F.S.
41
S. 916.105(1), F.S.
42
S. 916.105(3), F.S.
43
S. 916.105(4), F.S.
44
Eleventh Judicial Circuit of Florida, Criminal Mental Health Project, pg. 3, (December 2021),
https://www.jud11.flcourts.org/docs/CMHP%20Program.pdf (last visited Mar. 17, 2025).
45
Id. at p. 9.
46
Id. at p. 10. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
12
facilities, spend an average of 31 fewer days under forensic commitment, and the average cost of services is
roughly 32% less expensive than state forensic treatment facilities.
47
Forensic Hospital Diversion Pilot Program
The Legislature, finding that jail inmates with serious mental illnesses could be served more effectively and at less
cost in community-based alternative programs, created the Forensic Hospital Diversion Pilot Program (Pilot
Program), modeled after the MDFAC, to serve offenders who have mental illnesses or co-occurring mental illnesses
and substance abuse disorders and who are involved in or at risk of entering state forensic mental health
treatment facilities, prisons, jails, or state civil mental health treatment facilities.
48 The Pilot Program is authorized
to provide competency-restoration and community-reintegration services in either a locked residential treatment
facility or a community-based facility based on considerations of public safety, the needs of the individual, and
available resources.
49
Currently, the following counties are authorized to implement a Pilot Program: Okaloosa, Duval, Broward, and
Miami-Dade.
50
Section 916.185, F.S., provides eligibility criteria for participation in such a Pilot Program, and limits participation
to offenders who:
Are 18 years of age or older.
Are charged with a second or third-degree felony.
Do not have a significant history of violent criminal offenses.
Are adjudicated incompetent to proceed to trial or not guilty by reason of insanity.
Meet public safety and treatment criteria established by DCF for placement in a community setting.
Would otherwise be admitted to a state mental health treatment facility.
51
Department of Corrections
The Department of Corrections (DOC) is responsible for the inmates and for the operation of, and has supervisory
and protective care, custody, and control of, all buildings, grounds, property of, and matters connected with, the
correctional system. Additionally, DOC is required to maximize the use of inmate labor in the construction of
inmate housing and the conduct of all maintenance projects so that such activities provide work opportunities for
the optimum number of inmates in the most cost-effective manner.
52
Corrections Mental Health Act
The Corrections Mental Health Act
53 outlines the processes for evaluating and providing appropriate treatment for
mentally ill inmates in the custody of DOC. DOC must provide appropriate treatment or care to inmates who have
mental illnesses that require hospitalization and intensive psychiatric inpatient treatment or care in DOC mental
health treatment facilities designated for that purpose and provide further mental health services as necessary to
inmates committed to DOC and may contract with entities, persons, or agencies qualified to provide such
services.
54 Mental health treatment facilities are required to be secure, adequately equipped and staffed, and
provide services in the least restrictive manner consistent with optimum improvement of the inmate’s condition.
55
Inmate Training and Work Programs
DOC is mandated to require of every able-bodied prisoner imprisoned in any institution as many hours of faithful
labor during his or her term of imprisonment as is prescribed by DOC rules. Every able-bodied prisoner classified
as medium custody or minimum custody who does not satisfactorily participate in any institutional work
47
Id.
48
S. 916.185(1), F.S.
49
S. 916.185(3), F.S.
50
S. 916.185(3)(a), F.S.
51
S. 916.185(4), F.S.
52
S. 945.04(1) and (3), F.S.
53
Ss. 945.40-945.49, F.S.
54
S. 945.41(1), F.S.
55
S. 945.41(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
programs, correctional work programs, prison industry enhancement programs, academic programs, or vocational
programs is required to perform work for any political subdivisions of the state which have entered into
agreement with DOC.
56 A goal of the department must be for all inmates, except those inmates who pose a serious
security risk or who are unable to work, to work at least 40 hours a week.
57
Generally, DOC is not currently required to address the mental health of an inmate when considering an inmate for
job and program assignments.
Inmate Training Programs
Inmate training programs for eligible inmates are established within ss. 945.71, F.S.-945.74, F.S., and are intended
to instill self-discipline, improve work habits, and improve self-confidence for inmates.
58 Such training programs
include, but are not limited to, marching drills, calisthenics, a rigid dress code, work assignments, physical training,
training in decision making and personal development, drug counseling, education, and rehabilitation.
59 Upon
receipt of an inmate into the prison system, DOC must screen the inmate for participation in a training program. To
participate, an inmate must have no physical limitations which would preclude participation in strenuous activity
and must not be impaired.
60
Correctional Work Programs
As part of the reception process,
61 inmates are evaluated to determine basic literacy, employment skills, academic
skills, vocational skills, and remedial and rehabilitative needs.
62 The evaluation must prescribe education, work,
and work-training for each inmate. Inmates must be assigned to correctional work programs that meet the needs
of the work requirements of DOC, including essential and other operating functions and revenue-generating and
nonrevenue-generating contracts.
63
When considering inmate job and program assignments, DOC rules require staff to consider factors including the
type of work assignment and level of skill required, the inmate’s disciplinary history, the inmate’s arrest and
conviction history, and the needs of the institution.
64
Probation and Community Control
A court may determine whether to place a defendant on probation or community control with or without an
adjudication of guilt if the defendant has been found guilty by a jury verdict, has entered a plea of guilty or a plea of
nolo contendere, or has been found guilty at a bench trial.
65 A court may place a defendant on probation or into
community control as an alternative to imprisonment or may impose a split sentence where the defendant is
placed on probation or into community control after serving a specific period of his or her sentence.
66
A court shall determine the terms and conditions of probation or community control. The court may impose
standard conditions and may also impose additional special conditions it considers proper.
67 Any special terms or
conditions of probation or community control should be reasonably related to the circumstances of the offense
committed and appropriate for the offender.
68
56
S. 946.002(1)(a), F.S.
57
S. 946.002(1)(b), F.S.
58
S. 945.71, F.S.
59
S. 945.73(1), F.S.
60
S. 945.72(2), F.S.
61
Upon an inmate’s arrival at a reception center, such inmate is processed, tested, evaluated by health services, assessed for
program needs, and his or her custody (security risks) is determined. DOC, Institutions,
https://www.fdc.myflorida.com/institutions (last visited Mar. 17, 2025).
62
S. 946.511(1), F.S.
63
S. 946.511(1)(a) and (c), F.S.
64
Rule 33-601.201, F.A.C.
65
S. 948.01, F.S.
66
Ss. 948.01, 948.011, and 948.012, F.S.
67
S. 948.03, F.S.
68
S. 948.039, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
14
Northwest Regional Data Center
In 2011, the Northwest Regional Data Center (NWRDC) at Florida State University was designated as a state
primary data center.
69 This designation allows state agencies to enter into service level agreements with NWRDC to
provide data center services.
70 Currently, the NWRDC contracts with 30 state agencies.
71
Commission on Mental Health and Substance Use Disorder
In 2021, the Legislature created the Commission on Mental Health and Substance Use Disorder (Commission) to
examine the current methods of providing mental health and substance use disorder services in the state.
72 The
Commission is composed of a variety of stakeholders, including members of the Legislature, state agency officials,
service providers, mental health professionals, law enforcement and other criminal justice system representatives,
and individuals who receive state behavioral health services.
73
The Commission is required to provide the Legislature with findings and recommendations on how best to provide
and facilitate mental health and substance use disorder services in the state.
74 Additionally, the Legislature directs
a Data Analysis Subcommittee of the Commission to review data collection, reporting mechanisms, and other data
resources related to behavioral health and make recommendations for the development of a searchable statewide
behavioral health data repository.
75
Florida Behavioral Health Care Data Repository
In its 2025 annual interim report, the Commission recommends the creation of the statewide Florida Behavioral
Healthcare Data Repository to provide information on the prevalence, cost, access, quality, and outcomes for
behavioral health in the state. The data repository is intended to standardize data entry, enhance data
organization, improve accessibility and timeliness of data sharing, and support future research as more data
becomes available. The data repository is expected to facilitate connections with local partners and coalitions,
enhancing expertise, expanding networks, and accessing locally available resources. This approach is expected to
generate low-cost or no-cost solutions that maximize local resources and activate a diverse range of partners,
including cultural artists, peer specialists, co-researchers, and advocates.
76
OTHER RESOURCES:
Tristin Murphy case
Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program Annual Report 2023-2024
69
Ch. 2011-63, L.O.F.
70
S. 1004.649(1)(c), F.S.
71
NWRDC, Annual Report 23/24, p. 5, https://cdn.prod.website-
files.com/646f7030a73a29651e0365eb/6733ad62d760c88a3310926d_NWRDC%2023 -24%20Annual%20Report_web.pdf
(last visited Mar. 17, 2025).
72
Ch. 2021-170, L.O.F.; S. 394.9086, F.S.
73
S. 394.9086(3), F.S.
74
S. 394.9086(5), F.S.
75
DCF, Commission on Mental Health and Substance Use Disorder,
https://www.myflfamilies.com/services/samh/commission-mental-health-and-substance-use-disorder (last visited Mar. 17,
2025).
76
Commission on Mental Health and Substance Use Disorder, Annual Interim Report January 1, 2025,
https://www.myflfamilies.com/sites/default/files/2024-
12/2025%20Commission%20on%20Mental%20Health%20and%20Substance%20Use%20Disorder%20Interim%20Report.
pdf (last visited Mar. 17 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
15
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 16 Y, 0 N 3/19/2025 Hall Leshko
Human Services Subcommittee 15 Y, 0 N 4/1/2025 Mitz Aderibigbe
Judiciary Committee Kramer Leshko