Florida 2025 Regular Session

Florida House Bill H1207 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 1207 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1207-00
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10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to mental health; providing a short 2
16	16	title; amending s. 394.658, F.S.; expanding the 3
17	17	programs and diversion initiatives supported by 4
18	18	implementation or expansion grants to include training 5
19	19	for 911 public safety telecommunicators and emergency 6
20	20	medical technicians for certain purposes and to 7
21	21	include veterans treatment court programs; exempting 8
22	22	certain fiscally constrained counties from local match 9
23	23	requirements for specified grants; amending s. 10
24	24	916.105, F.S.; providing legislative intent; creatin g 11
25	25	s. 916.135, F.S.; defining terms; encouraging 12
26	26	communities to apply for specified grants to establish 13
27	27	misdemeanor or ordinance violation mental health 14
28	28	diversion programs; providing a model process for such 15
29	29	mental health diversion programs; requiring adher ence 16
30	30	to specified provisions to the extent of available 17
31	31	funds; authorizing specified entities to collaborate 18
32	32	to establish certain policies and procedures and to 19
33	33	develop a certain consent form; providing consent form 20
34	34	requirements; requiring defendants to si gn the consent 21
35	35	form to participate in the diversion program; 22
36	36	authorizing the screening of certain defendants and 23
37	37	prompt evaluation for involuntary examination under 24
38	38	certain circumstances; specifying procedures if the 25
39	39
40	40	HB 1207 2025
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42	42
43	43
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45	45	hb1207-00
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47	47	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
48	48
49	49
50	50
51	51	evaluation demonstrates that the defend ant meets the 26
52	52	criteria for involuntary examination; authorizing a 27
53	53	court to consider releasing a defendant on his or her 28
54	54	own recognizance under certain circumstances; 29
55	55	requiring a court to order that a defendant be 30
56	56	assessed for outpatient treatment under cer tain 31
57	57	circumstances; authorizing the state attorney, the 32
58	58	defense attorney, or the court to, at any stage of the 33
59	59	criminal proceedings, request that such a defendant be 34
60	60	screened pursuant to certain provisions; authorizing 35
61	61	defendants out of custody to be evalu ated pursuant to 36
62	62	certain provisions; requiring the state attorney to 37
63	63	consider dismissal of the charges upon a defendant's 38
64	64	successful completion of all treatment recommendations 39
65	65	from a mental health assessment; authorizing the court 40
66	66	to exhaust therapeutic i nterventions aimed at 41
67	67	improving compliance before a defendant is returned to 42
68	68	jail; creating s. 916.136, F.S.; defining terms; 43
69	69	encouraging communities to apply for specified grants 44
70	70	to establish pretrial felony mental health diversion 45
71	71	programs; providing a m odel process for such mental 46
72	72	health diversion programs; authorizing specified 47
73	73	entities to collaborate to establish certain policies 48
74	74	and procedures and to develop a certain consent form; 49
75	75	providing consent form requirements; requiring 50
76	76
77	77	HB 1207 2025
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84	84	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
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86	86
87	87
88	88	defendants to sign the consent form to participate in 51
89	89	the diversion program; specifying criteria under which 52
90	90	a defendant may be eligible for the mental health 53
91	91	diversion program; specifying that the state attorney 54
92	92	has the sole discretion to determine a defendant's 55
93	93	pretrial felony mental health diversion eligibility; 56
94	94	authorizing the state attorney to recommend that 57
95	95	certain defendants be screened and offered pretrial 58
96	96	felony mental health diversion; requiring defendants 59
97	97	to sign the consent form to participate in the 60
98	98	diversion program; requiring that a defendant be 61
99	99	assessed for outpatient treatment upon his or her 62
100	100	agreeing to participate in the mental health diversion 63
101	101	program; requiring the state attorney to consider 64
102	102	dismissal of the charges upon a defendant's successful 65
103	103	completion of all treatment recommendations from a 66
104	104	mental health assessment; authorizing the state 67
105	105	attorney to revoke the defendant's participation in 68
106	106	such mental health diversion program under specified 69
107	107	circumstances; amending s. 916.185, F.S.; expanding 70
108	108	eligibility for the Forensic Hospital Diversion Pilot 71
109	109	Program to include Hillsborough County; creating s. 72
110	110	945.093, F.S.; requiring the Department of Corrections 73
111	111	to evaluate the physical and mental health of each 74
112	112	inmate eligible for work assignments and correctional 75
113	113
114	114	HB 1207 2025
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121	121	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
122	122
123	123
124	124
125	125	work programs; requiring the department to document 76
126	126	eligibility before the inmate receives orders for an 77
127	127	assignment or program; creating s. 948.0395, F.S.; 78
128	128	requiring mental health evaluations and the following 79
129	129	of all recommendations as conditions of probation for 80
130	130	specified defendants; amending s. 1004.649, F.S.; 81
131	131	creating the Florida Behavioral Health Care Data 82
132	132	Repository within the Northwest Regional Data Center; 83
133	133	specifying the purposes of the data repository; 84
134	134	requiring the Northwest Regional Data Center to 85
135	135	develop a specified plan; requiring the Northwest 86
136	136	Regional Data Center to submit, by a specified date, a 87
137	137	certain developed plan to the Governor and the 88
138	138	Legislature; requiring the Florida Behavioral Health 89
139	139	Care Data Repository to submit, by a specified date 90
140	140	and annually thereafter, a specified report to the 91
141	141	Governor and the Legislature; providing an effective 92
142	142	date. 93
143	143	94
144	144	Be It Enacted by the Legislature of the State of Florida: 95
145	145	96
146	146	Section 1. This act may be cited as the "Tristin Murphy 97
147	147	Act." 98
148	148	Section 2. Subsections (1) and (2) of section 394.658, 99
149	149	Florida Statutes, are amended to read: 100
150	150
151	151	HB 1207 2025
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156	156	hb1207-00
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158	158	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
159	159
160	160
161	161
162	162	394.658 Criminal Justice, Mental Health, and Substance 101
163	163	Abuse Reinvestment Grant Program requirements. — 102
164	164	(1) The Criminal Justice, Mental Health, and Substance 103
165	165	Abuse Statewide Grant Review Committee, in collaboration with 104
166	166	the Department of Children and Families, the Department of 105
167	167	Corrections, the Department of Juvenile Justice, the Department 106
168	168	of Elderly Affairs, and the Office of the State Courts 107
169	169	Administrator, shall establish criteria to be used to review 108
170	170	submitted applications and to select the county that will be 109
171	171	awarded a 1-year planning grant or a 3 -year implementation or 110
172	172	expansion grant. A planning, implementation, or expansion grant 111
173	173	may not be awarded unless the applicat ion of the county meets 112
174	174	the established criteria. 113
175	175	(a) The application criteria for a 1 -year planning grant 114
176	176	must include a requirement that the applicant county or counties 115
177	177	have a strategic plan to initiate systemic change to identify 116
178	178	and treat individual s who have a mental illness, substance abuse 117
179	179	disorder, or co-occurring mental health and substance abuse 118
180	180	disorders who are in, or at risk of entering, the criminal or 119
181	181	juvenile justice systems. The 1 -year planning grant must be used 120
182	182	to develop effective col laboration efforts among participants in 121
183	183	affected governmental agencies, including the criminal, 122
184	184	juvenile, and civil justice systems, mental health and substance 123
185	185	abuse treatment service providers, transportation programs, and 124
186	186	housing assistance programs. T he collaboration efforts shall be 125
187	187
188	188	HB 1207 2025
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190	190
191	191
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193	193	hb1207-00
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195	195	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
196	196
197	197
198	198
199	199	the basis for developing a problem -solving model and strategic 126
200	200	plan for treating adults and juveniles who are in, or at risk of 127
201	201	entering, the criminal or juvenile justice system and doing so 128
202	202	at the earliest point of contac t, taking into consideration 129
203	203	public safety. The planning grant shall include strategies to 130
204	204	divert individuals from judicial commitment to community -based 131
205	205	service programs offered by the Department of Children and 132
206	206	Families in accordance with ss. 916.13 and 916.17. 133
207	207	(b) The application criteria for a 3 -year implementation 134
208	208	or expansion grant shall require information from a county that 135
209	209	demonstrates its completion of a well -established collaboration 136
210	210	plan that includes public -private partnership models and the 137
211	211	application of evidence -based practices. The implementation or 138
212	212	expansion grants may support programs and diversion initiatives 139
213	213	that include, but need not be limited to: 140
214	214	1. Mental health courts. 141
215	215	2. Diversion programs. 142
216	216	3. Alternative prosecution and se ntencing programs. 143
217	217	4. Crisis intervention teams. 144
218	218	5. Treatment accountability services. 145
219	219	6. Specialized training for criminal justice, juvenile 146
220	220	justice, and treatment services professionals. 147
221	221	7. Specialized training for 911 public safety 148
222	222	telecommunicators as defined in s. 401.465 and emergency medical 149
223	223	technicians as defined in s. 112.1911 to assist in determining 150
224	224
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232	232	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
233	233
234	234
235	235
236	236	which response team is most appropriate under the circumstances. 151
237	237	A response team may include, but is not limited to, a law 152
238	238	enforcement agency, an emergency medical response team, a crisis 153
239	239	intervention team, or a mobile crisis response service as 154
240	240	defined in s. 394.455. Each affected agency must consider what 155
241	241	resources are available in the community. 156
242	242	8. Service delivery of collateral services such as 157
243	243	housing, transitional housing, and supported employment. 158
244	244	9.8. Reentry services to create or expand mental health 159
245	245	and substance abuse services and supports for affected persons. 160
246	246	10.9. Coordinated specialty care programs. 161
247	247	11. Veterans treatment court programs. 162
248	248	(c) Each county application must include the following 163
249	249	information: 164
250	250	1. An analysis of the current population of the jail and 165
251	251	juvenile detention center in the county, which includes: 166
252	252	a. The screening and assessment process that the county 167
253	253	uses to identify an adult or juvenile who has a mental illness, 168
254	254	substance abuse disorder, or co -occurring mental health and 169
255	255	substance abuse disorders; 170
256	256	b. The percentage of each category of persons admitted t o 171
257	257	the jail and juvenile detention center that represents people 172
258	258	who have a mental illness, substance abuse disorder, or co -173
259	259	occurring mental health and substance abuse disorders; and 174
260	260	c. An analysis of observed contributing factors that 175
261	261
262	262	HB 1207 2025
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267	267	hb1207-00
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269	269	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
270	270
271	271
272	272
273	273	affect population trends in the county jail and juvenile 176
274	274	detention center. 177
275	275	2. A description of the strategies the county intends to 178
276	276	use to serve one or more clearly defined subsets of the 179
277	277	population of the jail and juvenile detention center who have a 180
278	278	mental illness or to serve those at risk of arrest and 181
279	279	incarceration. The proposed strategies may include identifying 182
280	280	the population designated to receive the new interventions, a 183
281	281	description of the services and supervision methods to be 184
282	282	applied to that population, and the goa ls and measurable 185
283	283	objectives of the new interventions. The interventions a county 186
284	284	may use with the target population may include, but are not 187
285	285	limited to: 188
286	286	a. Specialized responses by emergency medical response 189
287	287	teams, crisis intervention teams, mobile cris is response 190
288	288	services, and law enforcement agencies; 191
289	289	b. Centralized receiving facilities for individuals 192
290	290	evidencing behavioral difficulties; 193
291	291	c. Postbooking alternatives to incarceration; 194
292	292	d. New court programs, including pretrial services and 195
293	293	specialized dockets; 196
294	294	e. Specialized diversion programs; 197
295	295	f. Intensified transition services that are directed to 198
296	296	the designated populations while they are in jail or juvenile 199
297	297	detention to facilitate their transition to the community; 200
298	298
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306	306	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
307	307
308	308
309	309
310	310	g. Specialized probation p rocesses; 201
311	311	h. Day-reporting centers; 202
312	312	i. Linkages to community -based, evidence-based treatment 203
313	313	programs for adults and juveniles who have mental illness or 204
314	314	substance abuse disorders; and 205
315	315	j. Community services and programs designed to prevent 206
316	316	high-risk populations from becoming involved in the criminal or 207
317	317	juvenile justice system. 208
318	318	3. The projected effect the proposed initiatives will have 209
319	319	on the population and the budget of the jail and juvenile 210
320	320	detention center. The information must include: 211
321	321	a. The county's estimate of how the initiative will reduce 212
322	322	the expenditures associated with the incarceration of adults and 213
323	323	the detention of juveniles who have a mental illness; 214
324	324	b. The methodology that the county intends to use to 215
325	325	measure the defined outcomes an d the corresponding savings or 216
326	326	averted costs; 217
327	327	c. The county's estimate of how the cost savings or 218
328	328	averted costs will sustain or expand the mental health and 219
329	329	substance abuse treatment services and supports needed in the 220
330	330	community; and 221
331	331	d. How the county's proposed initiative will reduce the 222
332	332	number of individuals judicially committed to a state mental 223
333	333	health treatment facility. 224
334	334	4. The proposed strategies that the county intends to use 225
335	335
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343	343	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
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345	345
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347	347	to preserve and enhance its community mental health and 226
348	348	substance abuse system, which serves as the local behavioral 227
349	349	health safety net for low -income and uninsured individuals. 228
350	350	5. The proposed strategies that the county intends to use 229
351	351	to continue the implemented or expanded programs and initiatives 230
352	352	that have resulted from the grant funding. 231
353	353	(2)(a) As used in this subsection, the term "available 232
354	354	resources" includes in -kind contributions from participating 233
355	355	counties. 234
356	356	(b) A 1-year planning grant may not be awarded unless the 235
357	357	applicant county makes available resources in an amount equal to 236
358	358	the total amount of the grant , except fiscally constrained 237
359	359	counties that are awarded reinvestment grants to establish 238
360	360	programs pursuant to this section may not be required to provide 239
361	361	local matching funds . A planning grant may not be used to 240
362	362	supplant funding for existing programs. For fiscally constrained 241
363	363	counties, the available resources may be at 50 percent of the 242
364	364	total amount of the grant. 243
365	365	(c) A 3-year implementation or expansion grant may not be 244
366	366	awarded unless the applicant county or consortium of counties 245
367	367	makes available resources equal to the total amount of the 246
368	368	grant. For fiscally constrained counties, the available 247
369	369	resources may be at 50 percent of the total amount of the grant , 248
370	370	except fiscally constrained counties that are awarded 249
371	371	reinvestment grants to establish programs pursuant to this 250
372	372
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380	380	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
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382	382
383	383
384	384	section may not be required to provide local matching funds . 251
385	385	This match shall be used for expansion of services and may not 252
386	386	supplant existing funds for services. An implementation or 253
387	387	expansion grant must support the implementation of new services 254
388	388	or the expansion of services and may not be used to supplant 255
389	389	existing services. 256
390	390	Section 3. Present subsection (4) of section 916.105, 257
391	391	Florida Statutes, is redesignated as subsection (5), and a new 258
392	392	subsection (4) and subsection (6) are added to that section, to 259
393	393	read: 260
394	394	916.105 Legislative intent. — 261
395	395	(4) It is the intent of the Legislature that a defendant 262
396	396	who is charged with certain felonies, any misdemeanor, or any 263
397	397	ordinance violation and who has a ment al illness, intellectual 264
398	398	disability, or autism be evaluated and provided services in a 265
399	399	community setting, whenever this is a feasible alternative to 266
400	400	incarceration. 267
401	401	(6) It is the intent of the Legislature that law 268
402	402	enforcement agencies in this state provid e law enforcement 269
403	403	officers with crisis intervention team training. 270
404	404	Section 4. Section 916.135, Florida Statutes, is created 271
405	405	to read: 272
406	406	916.135 Misdemeanor or ordinance violation mental health 273
407	407	diversion program.— 274
408	408	(1) As used in this section, the term: 275
409	409
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417	417	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
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421	421	(a) "Court" means a circuit court, a county court, or any 276
422	422	court presiding over felony, misdemeanor, or ordinance 277
423	423	violations under the laws of this state or any of its political 278
424	424	subdivisions. 279
425	425	(b) "Defendant" means a person who has been charged as an 280
426	426	adult by a law enforcement agency or a state attorney solely 281
427	427	with a misdemeanor offense or an ordinance violation under the 282
428	428	laws of this state or any of its political subdivisions. 283
429	429	(c) "Qualified mental health professional" means a 284
430	430	physician, a physician a ssistant, a clinical psychologist, a 285
431	431	psychiatric nurse, an advanced practice registered nurse 286
432	432	registered under s. 464.0123, or a mental health counselor, a 287
433	433	marriage and family therapist, or a clinical social worker, as 288
434	434	those terms are defined in s. 394.455 . 289
435	435	(d) "Receiving facility" has the same meaning as in s. 290
436	436	394.455. 291
437	437	(2) A community desiring to establish a misdemeanor or 292
438	438	ordinance violation mental health diversion program to divert 293
439	439	clinically appropriate defendants from jails to treatment is 294
440	440	encouraged to apply for the Criminal Justice, Mental Health, and 295
441	441	Substance Abuse Reinvestment Grant Program under s. 394.656 for 296
442	442	the purpose of obtaining funds to plan, implement, or expand 297
443	443	such mental health diversion programs. This section provides a 298
444	444	model process for diverting such defendants to treatment, but 299
445	445	the process may be modified according to each community's 300
446	446
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454	454	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
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456	456
457	457
458	458	particular resources. A community that obtains a grant pursuant 301
459	459	to s. 394.658 must adhere to the processes in this section to 302
460	460	the extent that local resources are available to do so. 303
461	461	(a) The local sheriff's department, the state attorney, 304
462	462	the public defender, the court, and local treatment providers 305
463	463	may collaborate to establish policies and procedures to meet the 306
464	464	specific needs of each community and to develop a form that a 307
465	465	defendant must sign to consent to treatment. 308
466	466	(b) A consent form must include the defendant's consent to 309
467	467	treatment and to the release of any records necessary to 310
468	468	demonstrate compliance with and completion of treatment. 311
469	469	Additionally, the consent form must include that the defendant 312
470	470	agrees to waive his or her right to speedy trial by 313
471	471	participating in the diversion program. A defendant must sign 314
472	472	the consent form to participate in the diversion program. 315
473	473	(3) Within 24 hours after a d efendant is booked into a 316
474	474	jail, the jail's corrections or medical staff may screen the 317
475	475	defendant using a standardized, validated mental health 318
476	476	screening instrument to determine if there is an indication of a 319
477	477	mental illness. If there is an indication of a m ental illness, 320
478	478	the defendant may be promptly evaluated for involuntary 321
479	479	examination under chapter 394 by a qualified mental health 322
480	480	professional. In conducting this evaluation, the qualified 323
481	481	mental health professional may evaluate the defendant as if he 324
482	482	or she is at liberty in the community and may not rely on the 325
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491	491	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
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493	493
494	494
495	495	person's incarcerated status to defeat the involuntary 326
496	496	examination criteria provided for in s. 394.463. 327
497	497	(a) If the evaluation demonstrates that the defendant 328
498	498	meets the criteria for involuntary exa mination under s. 394.463, 329
499	499	the qualified mental health professional may issue a 330
500	500	professional certificate referring the defendant to a receiving 331
501	501	facility. 332
502	502	(b) Upon the issuance of a professional certificate, the 333
503	503	defendant must be transported within 72 hou rs to a receiving 334
504	504	facility for further evaluation for involuntary examination 335
505	505	under chapter 394. Such transport may be made with a hold for 336
506	506	jail custody notation so that the receiving facility may only 337
507	507	release the defendant back to jail custody. Alternativ ely, the 338
508	508	court may request on the transport order that the defendant be 339
509	509	transported back to appear before the court, depending upon the 340
510	510	outcome of the evaluation at the receiving facility, the court's 341
511	511	availability of other resources and diversion programs, and the 342
512	512	willingness of the defendant to receive treatment. 343
513	513	(c) Once at the receiving facility, the defendant may be 344
514	514	assessed and evaluated to determine whether he or she meets the 345
515	515	criteria for involuntary services under chapter 394. If the 346
516	516	criteria are met, the receiving facility may forward the court a 347
517	517	discharge plan when the defendant no longer meets criteria for 348
518	518	inpatient treatment, or an outpatient treatment plan, as 349
519	519	appropriate, as soon as such a plan is developed. If the 350
520	520
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528	528	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
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532	532	defendant does not meet the criteria for involuntary services, 351
533	533	the receiving facility may issue an outpatient treatment plan 352
534	534	and forward it to the court as soon as such plan is developed. 353
535	535	If appropriate, the receiving facility may notify the court that 354
536	536	no treatment is necessary. 355
537	537	(d) Upon receipt of a discharge plan or an outpatient 356
538	538	treatment plan, the court may consider releasing the defendant 357
539	539	on his or her own recognizance on the condition that he or she 358
540	540	comply fully with the discharge plan or outpatient treatment 359
541	541	plan. The state attorney and the defense attorney must have an 360
542	542	opportunity to be heard before the court releases the defendant. 361
543	543	(e) If a professional certificate is not issued under 362
544	544	paragraph (a), but the defendant has a mental illness, the court 363
545	545	must order that the def endant be assessed for outpatient 364
546	546	treatment by a local mental health treatment center. This 365
547	547	assessment may be completed: 366
548	548	1. At the jail via telehealth assessment by the local 367
549	549	mental health treatment center; 368
550	550	2. At the local mental health treatment cente r after the 369
551	551	sheriff or jail authorities transport the defendant to and from 370
552	552	the treatment center; or 371
553	553	3. By releasing the defendant on his or her own 372
554	554	recognizance on the conditions that the assessment be completed 373
555	555	at the local mental health treatment cent er within 48 hours 374
556	556	after his or her release and that all treatment recommendations 375
557	557
558	558	HB 1207 2025
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561	561
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565	565	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
566	566
567	567
568	568
569	569	be followed. If the assessment results in an outpatient 376
570	570	treatment plan, and the defendant has not already been released, 377
571	571	the defendant may be released on his or her own reco gnizance on 378
572	572	the condition that all treatment recommendations must be 379
573	573	followed. The state attorney and the defense attorney must have 380
574	574	an opportunity to be heard before the court releases the 381
575	575	defendant. 382
576	576	(f) If the defendant is released from the custody of the 383
577	577	jail on pretrial release at any point before the completion of 384
578	578	the process in this section, evaluation or assessment of the 385
579	579	defendant under this section by a qualified mental health 386
580	580	professional may be initiated at any time by order of the court 387
581	581	at the request of the state attorney or the defense attorney, or 388
582	582	on the court's own motion. If this process results in the 389
583	583	creation of a discharge plan by a receiving facility or an 390
584	584	outpatient treatment plan by the local mental health treatment 391
585	585	center, the court may set as a condition of the defendant's 392
586	586	continued pretrial release compliance with all of the terms of 393
587	587	the discharge plan or outpatient treatment plan. 394
588	588	(4) If a defendant has not been referred to the diversion 395
589	589	program under this section, the state att orney, the defense 396
590	590	attorney, or the court may, at any stage of the criminal 397
591	591	proceedings, request that the defendant be screened pursuant to 398
592	592	subsection (3) to determine if there is an indication of mental 399
593	593	illness. If the defendant is no longer in custody, t he defendant 400
594	594
595	595	HB 1207 2025
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597	597
598	598
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602	602	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
603	603
604	604
605	605
606	606	may be evaluated or assessed pursuant to paragraph (3)(f). 401
607	607	(5) Upon the defendant's successful completion of all of 402
608	608	the treatment recommendations from any mental health evaluation 403
609	609	or assessment completed pursuant to this section, the state 404
610	610	attorney must consider dismissal of the charges. If dismissal is 405
611	611	deemed inappropriate by the state attorney, the state attorney 406
612	612	may consider referral of the defendant's case to mental health 407
613	613	court or another available mental health diversion program. 408
614	614	(6) If the defendant fails to comply with any aspect of 409
615	615	his or her discharge or outpatient treatment plan under this 410
616	616	section, the court may exhaust therapeutic interventions aimed 411
617	617	at improving compliance before considering returning the 412
618	618	defendant to the jail. 413
619	619	Section 5. Section 916.136, Florida Statutes, is created 414
620	620	to read: 415
621	621	916.136 Pretrial felony mental health diversion program. — 416
622	622	(1) As used in this section, the term: 417
623	623	(a) "Conviction" means a determination of guilt that is 418
624	624	the result of a plea agreement, including a plea of nolo 419
625	625	contendere, or trial. For purposes of this section, a conviction 420
626	626	does not include an offense for which an adjudication of guilt 421
627	627	was withheld. 422
628	628	(b) "Court" means a circuit court or any court presiding 423
629	629	over felony violations under the laws of this state or any of 424
630	630	its political subdivisions. 425
631	631
632	632	HB 1207 2025
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634	634
635	635
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639	639	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
640	640
641	641
642	642
643	643	(c) "Defendant" means a person who has been charged as an 426
644	644	adult by a law enforcement agency or a state attorney with a 427
645	645	felony of the second degree or felony of the third degree, and 428
646	646	who is eligible for the diversion program as provided in 429
647	647	subsection (3). 430
648	648	(d) "Qualified mental health professional" means a 431
649	649	physician, a physician assistant, a clinical psychologist, a 432
650	650	psychiatric nurse, an advanced practice registered nurse 433
651	651	registered under s. 464.0123, or a mental health counselor, a 434
652	652	marriage and family therapist, or a clinical social worker, as 435
653	653	those terms are defined in s. 394.455. 436
654	654	(2) A community desiring to establish a pretrial felony 437
655	655	mental health diversion program to divert clini cally appropriate 438
656	656	defendants from jails to treatment is encouraged to apply for 439
657	657	the Criminal Justice, Mental Health, and Substance Abuse 440
658	658	Reinvestment Grant Program under s. 394.656 for the purpose of 441
659	659	obtaining funds to plan, implement, or expand such progr ams. 442
660	660	This section provides a model process for diverting such 443
661	661	defendants to treatment, but this process may be modified 444
662	662	according to each community's particular resources. 445
663	663	(a) The local sheriff's department, the state attorney, 446
664	664	the public defender, the c ourt, and local treatment providers 447
665	665	may collaborate to establish policies and procedures to meet the 448
666	666	specific needs of each community and to develop a form that a 449
667	667	defendant must sign to consent to treatment. 450
668	668
669	669	HB 1207 2025
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671	671
672	672
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676	676	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
677	677
678	678
679	679
680	680	(b) A consent form must include the defendant' s consent to 451
681	681	treatment and to the release of any records necessary to 452
682	682	demonstrate compliance with and completion of treatment. 453
683	683	Additionally, such form must include that the defendant agrees 454
684	684	to waive his or her right to speedy trial by participating in 455
685	685	the diversion program. A defendant must sign the consent form to 456
686	686	participate in the diversion program. 457
687	687	(3) A defendant may be eligible for the pretrial felony 458
688	688	mental health diversion program under this section if he or she 459
689	689	meets the following criteria: 460
690	690	(a) Has a mental illness; 461
691	691	(b) Has no more than three prior felony convictions in the 462
692	692	past 5 years; 463
693	693	(c) Is not charged with a violent felony; and 464
694	694	(d) Does not have a significant history of violence. 465
695	695	466
696	696	The state attorney has the sole discretion to determin e a 467
697	697	defendant's eligibility for the pretrial felony mental health 468
698	698	diversion program. Meeting the criteria in this subsection does 469
699	699	not guarantee eligibility. Additionally, the state attorney may, 470
700	700	in extenuating circumstances, waive the criteria in this 471
701	701	subsection if he or she finds that it is in the interest of 472
702	702	justice. 473
703	703	(4) At any stage in the pretrial process, the state 474
704	704	attorney may recommend that a defendant be screened using a 475
705	705
706	706	HB 1207 2025
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708	708
709	709
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713	713	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
714	714
715	715
716	716
717	717	standardized, validated mental health screening instrument to 476
718	718	determine if there is an indication of mental illness. Such 477
719	719	screening may be completed by the jail's corrections or medical 478
720	720	staff or by any qualified mental health professional. The 479
721	721	results of such screening must be forwarded to the state 480
722	722	attorney and the defense attorne y. 481
723	723	(5) If there is an indication of mental illness, the state 482
724	724	attorney may consider an offer of pretrial felony mental health 483
725	725	diversion under this section. Entry into the diversion program 484
726	726	is voluntary, and the defendant must sign the consent form as 485
727	727	described in subsection (2) before participating in the program. 486
728	728	(6) Upon the defendant agreeing to participate in pretrial 487
729	729	felony mental health diversion under this section, the defendant 488
730	730	must be assessed for outpatient treatment by a local mental 489
731	731	health treatment center. This assessment may be completed: 490
732	732	(a) At the jail via telehealth assessment by the local 491
733	733	mental health treatment center; 492
734	734	(b) At the local mental health treatment center after the 493
735	735	sheriff or jail authorities transport the defendant to a nd from 494
736	736	the treatment center; or 495
737	737	(c) By releasing the defendant on his or her own 496
738	738	recognizance on the conditions that the assessment be completed 497
739	739	at the local mental health treatment center within 48 hours 498
740	740	after his or her release and that all treatment recommendations 499
741	741	be followed. If the assessment results in an outpatient 500
742	742
743	743	HB 1207 2025
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745	745
746	746
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750	750	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
751	751
752	752
753	753
754	754	treatment plan, and the defendant has not already been released, 501
755	755	the defendant may be released on his or her own recognizance on 502
756	756	the condition that all treatment recommendations be fol lowed. 503
757	757	(7) Upon the defendant's successful completion of all 504
758	758	treatment recommendations from the mental health evaluation or 505
759	759	assessment completed pursuant to this section, the state 506
760	760	attorney must consider dismissal of the charges. 507
761	761	(8) If the defendant f ails to comply with pretrial release 508
762	762	or with any aspect of his or her treatment plan under this 509
763	763	section, the state attorney may revoke the defendant's 510
764	764	participation in the pretrial felony mental health diversion 511
765	765	program. 512
766	766	Section 6. Paragraph (a) of sub section (3) of section 513
767	767	916.185, Florida Statutes, is amended to read: 514
768	768	916.185 Forensic Hospital Diversion Pilot Program. — 515
769	769	(3) CREATION.—There is authorized a Forensic Hospital 516
770	770	Diversion Pilot Program to provide competency -restoration and 517
771	771	community-reintegration services in either a locked residential 518
772	772	treatment facility when appropriate or a community -based 519
773	773	facility based on considerations of public safety, the needs of 520
774	774	the individual, and available resources. 521
775	775	(a) The department may implement a Forensi c Hospital 522
776	776	Diversion Pilot Program modeled after the Miami -Dade Forensic 523
777	777	Alternative Center, taking into account local needs and 524
778	778	resources in Okaloosa County, in conjunction with the First 525
779	779
780	780	HB 1207 2025
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782	782
783	783
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787	787	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
788	788
789	789
790	790
791	791	Judicial Circuit in Okaloosa County; in Duval County, in 526
792	792	conjunction with the Fourth Judicial Circuit in Duval County; in 527
793	793	Broward County, in conjunction with the Seventeenth Judicial 528
794	794	Circuit in Broward County; and in Miami-Dade County, in 529
795	795	conjunction with the Eleventh Judicial Circuit in Miami -Dade 530
796	796	County; and in Hillsborough County, in conjunction with the 531
797	797	Thirteenth Judicial Circuit in Hillsborough County . 532
798	798	Section 7. Section 945.093, Florida Statutes, is created 533
799	799	to read: 534
800	800	945.093 Requirements for work assignments and programs. —535
801	801	The department shall evaluate, at a minimum, the physical and 536
802	802	mental health of each inmate eligible for a work assignment or 537
803	803	correctional work program and shall document approval of 538
804	804	eligibility before the inmate receives orders for the assignment 539
805	805	or program. The department may use discretion in determining 540
806	806	whether an inmate is appropriate for an assignment. 541
807	807	Section 8. Section 948.0395, Florida Statutes, is created 542
808	808	to read: 543
809	809	948.0395 Probation conditions for defendants with mental 544
810	810	illness.—A defendant who was adjudicated incompetent to pr oceed 545
811	811	due to a mental illness under chapter 916 and later regained 546
812	812	competency, and who is sentenced to a term of probation, must 547
813	813	have as a condition of such probation a mental health evaluation 548
814	814	and must follow all recommendations of the evaluation. 549
815	815	Section 9. Present subsection (4) of section 1004.649, 550
816	816
817	817	HB 1207 2025
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819	819
820	820
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824	824	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
825	825
826	826
827	827
828	828	Florida Statutes, is redesignated as subsection (5), and a new 551
829	829	subsection (4) is added to that section, to read: 552
830	830	1004.649 Northwest Regional Data Center. — 553
831	831	(4) The Florida Behavioral Health Care Data R epository is 554
832	832	created within the Northwest Regional Data Center as the 555
833	833	administrative manager of the state data center. 556
834	834	(a) The data repository is created for the purpose of: 557
835	835	1. Collecting and analyzing existing statewide behavioral 558
836	836	health care data to: 559
837	837	a. Better understand the scope of and trends in behavioral 560
838	838	health services, spending, and outcomes to improve patient care 561
839	839	and enhance the efficiency and effectiveness of behavioral 562
840	840	health services; 563
841	841	b. Better understand the scope of, trends in, and 564
842	842	relationship between behavioral health, criminal justice, 565
843	843	incarceration, and the use of behavioral health services as a 566
844	844	diversion from incarceration for individuals with mental 567
845	845	illness; and 568
846	846	c. Enhance the collection and coordination of treatment 569
847	847	and outcome information as an ongoing evidence base for research 570
848	848	and education related to behavioral health. 571
849	849	2. Developing useful data analytics, economic metrics, and 572
850	850	visual representations of such analytics and metrics to inform 573
851	851	relevant state agencies and the Legislature of data and trends 574
852	852	in behavioral health. 575
853	853
854	854	HB 1207 2025
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856	856
857	857
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861	861	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
862	862
863	863
864	864
865	865	(b) The Northwest Regional Data Center shall develop a 576
866	866	plan to do all of the following: 577
867	867	1. Create a centralized, integrated, and coordinated data 578
868	868	system. 579
869	869	2. Develop, in collaboration with the Data Analysis 580
870	870	Committee of the Commission on Mental Health and Substance Use 581
871	871	Disorder created under s. 394.9086, a governance structure that 582
872	872	will implement and operate the repository. 583
873	873	3. Incorporate existing data from relevant state agencies, 584
874	874	including, but not limited to, the Agency for Health Care 585
875	875	Administration, the Department of Children and Families, the 586
876	876	Department of Juvenile Justice, the Office of the State Courts 587
877	877	Administrator, and the Department of Corrections. 588
878	878	4. Identify relevant data and metrics to support 589
879	879	actionable information and ensure the efficient and responsible 590
880	880	use of taxpayer dollars within behavioral health systems of 591
881	881	care. 592
882	882	5. Develop and detail data security requirements for the 593
883	883	repository. 594
884	884	6. Develop, in collaboration with the Comm ission on Mental 595
885	885	Health and Substance Use Disorder and relevant stakeholders, a 596
886	886	structure for an annual analysis and report that gives state 597
887	887	agencies and the Legislature a better understanding of trends 598
888	888	and issues in the state's behavioral health systems o f care 599
889	889	generally and the trends and issues in behavioral health systems 600
890	890
891	891	HB 1207 2025
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893	893
894	894
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898	898	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
899	899
900	900
901	901
902	902	related to criminal justice treatment, diversion, and 601
903	903	incarceration. 602
904	904	(c) By December 1, 2025, the Northwest Regional Data 603
905	905	Center, in collaboration with the Data Analysis Committee of the 604
906	906	Commission on Mental Health and Substance Use Disorder, shall 605
907	907	submit the developed plan for implementation and ongoing 606
908	908	operation with a proposed budget to the Governor, the President 607
909	909	of the Senate, and the Speaker of the House of Representatives 608
910	910	for review. 609
911	911	(d) Beginning December 1, 2026, and annually thereafter, 610
912	912	the Florida Behavioral Health Care Data Repository shall submit 611
913	913	the developed trends and issues report under subparagraph (b)6. 612
914	914	to the Governor, the President of the Senate, and the Speaker of 613
915	915	the House of Representatives. 614
916	916	Section 10. This act shall take effect October 1, 2025. 615