Florida Senate - 2015                             CS for SB 1462
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Bradley
       
       
       
       
       586-02543-15                                          20151462c1
    1                        A bill to be entitled                      
    2         An act relating to behavioral health services;
    3         amending s. 394.47891, F.S.; expanding eligibility
    4         criteria for military veterans and servicemembers
    5         court programs; creating s. 394.47892, F.S.;
    6         authorizing counties to fund treatment-based mental
    7         health court programs; providing legislative intent;
    8         providing that pretrial program participation is
    9         voluntary; specifying criteria that a court must
   10         consider before sentencing a person to a
   11         postadjudicatory treatment-based mental health court
   12         program; requiring a judge presiding over a
   13         postadjudicatory treatment-based mental health court
   14         program to hear a violation of probation or community
   15         control under certain circumstances; providing that
   16         treatment-based mental health court programs may
   17         include specified programs; requiring a judicial
   18         circuit with a treatment-based mental health court
   19         program to establish a coordinator position, subject
   20         to annual appropriation by the Legislature; providing
   21         county funding requirements for treatment-based mental
   22         health court programs; authorizing the chief judge of
   23         a judicial circuit to appoint an advisory committee
   24         for the treatment-based mental health court program;
   25         specifying membership of the committee; amending s.
   26         394.656, F.S.; revising the composition and duties of
   27         the Criminal Justice, Mental Health, and Substance
   28         Abuse Statewide Grant Review Committee within the
   29         Department of Children and Families; requiring the
   30         department to create a grant review and selection
   31         committee; prescribing duties of the committee;
   32         authorizing a designated not-for-profit community
   33         provider to apply for certain grants; amending s.
   34         394.9082, F.S.; requiring the managing entity to
   35         support network providers in offering comprehensive
   36         and coordinated care to certain populations;
   37         specifying what constitutes priority populations;
   38         defining the term “public receiving facility”;
   39         requiring the department to establish specified
   40         standards and protocols with respect to the
   41         administration of the crisis stabilization services
   42         utilization database; directing managing entities to
   43         require public receiving facilities to submit
   44         utilization data on a periodic basis; providing
   45         requirements for the data; requiring managing entities
   46         to periodically submit aggregate data to the
   47         department; requiring the department to adopt rules;
   48         requiring the department to annually submit a report
   49         to the Governor and the Legislature; prescribing
   50         report requirements; specifying that implementation of
   51         the database is contingent upon an appropriation;
   52         amending ss. 29.004, 39.001, 39.507, and 39.521, F.S.;
   53         conforming provisions to changes made by the act;
   54         amending s. 948.08, F.S.; expanding the definition of
   55         the term “veteran” for purposes of eligibility
   56         requirements for a pretrial intervention program;
   57         amending s. 948.16, F.S.; expanding the definition of
   58         the term “veteran” for purposes of eligibility
   59         requirements for a misdemeanor pretrial veterans’
   60         treatment intervention program; amending s. 948.21,
   61         F.S.; authorizing a court to impose certain conditions
   62         on certain probationers or community controllees;
   63         requiring the Agency for Health Care Administration to
   64         submit a planning grant application to the United
   65         States Department of Health and Human Services;
   66         providing an effective date.
   67  
   68         WHEREAS, Florida’s residents with mental illnesses and
   69  substance abuse disorders are best able to recover and become
   70  productive citizens when served in their own communities and
   71  surrounded by family and natural support systems, and
   72         WHEREAS, untreated mental illnesses and substance abuse
   73  disorders place a burden on the health care and public safety
   74  system, and
   75         WHEREAS, research has demonstrated that the delivery of
   76  behavioral health services to treat mental illnesses and
   77  substance abuse disorders are cost-effective and efficient, and
   78         WHEREAS, the Legislature intends to ensure greater access
   79  to behavioral health services by promoting the high quality,
   80  adequacy, and availability of these essential services, NOW,
   81  THEREFORE,
   82  
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Section 394.47891, Florida Statutes, is amended
   86  to read:
   87         394.47891 Military veterans and servicemembers court
   88  programs.—The chief judge of each judicial circuit may establish
   89  a Military Veterans and Servicemembers Court Program under which
   90  veterans, as defined in s. 1.01, including veterans who were
   91  discharged or released under a general discharge, and
   92  servicemembers, as defined in s. 250.01, who are convicted of a
   93  criminal offense and who suffer from a military-related mental
   94  illness, traumatic brain injury, substance abuse disorder, or
   95  psychological problem can be sentenced in accordance with
   96  chapter 921 in a manner that appropriately addresses the
   97  severity of the mental illness, traumatic brain injury,
   98  substance abuse disorder, or psychological problem through
   99  services tailored to the individual needs of the participant.
  100  Entry into any Military Veterans and Servicemembers Court
  101  Program must be based upon the sentencing court’s assessment of
  102  the defendant’s criminal history, military service, substance
  103  abuse treatment needs, mental health treatment needs,
  104  amenability to the services of the program, the recommendation
  105  of the state attorney and the victim, if any, and the
  106  defendant’s agreement to enter the program.
  107         Section 2. Section 394.47892, Florida Statutes, is created
  108  to read:
  109         394.47892 Treatment-based mental health court programs.—
  110         (1) Each county may fund a treatment-based mental health
  111  court program under which persons in the justice system assessed
  112  with a mental illness will be processed in such a manner as to
  113  appropriately address the severity of the identified mental
  114  health problem through treatment services tailored to the
  115  individual needs of the participant. The Legislature intends to
  116  encourage the Department of Corrections, the Department of
  117  Children and Families, the Department of Juvenile Justice, the
  118  Department of Health, the Department of Law Enforcement, the
  119  Department of Education, and such agencies, local governments,
  120  law enforcement agencies, other interested public or private
  121  sources, and individuals to support the creation and
  122  establishment of these problem-solving court programs.
  123  Participation in the treatment-based mental health court
  124  programs does not divest any public or private agency of its
  125  responsibility for a child or adult, but enables these agencies
  126  to better meet their needs through shared responsibility and
  127  resources.
  128         (2) Entry into any pretrial treatment-based mental health
  129  court program is voluntary.
  130         (3)(a) Entry into any postadjudicatory treatment-based
  131  mental health court program as a condition of probation or
  132  community control pursuant to s. 948.01 or s. 948.06 must be
  133  based upon the sentencing court’s assessment of the defendant’s
  134  criminal history, mental health screening outcome, amenability
  135  to the services of the program, the recommendation of the state
  136  attorney and the victim, if any, and the defendant’s agreement
  137  to enter the program.
  138         (b) An offender who is sentenced to a postadjudicatory
  139  treatment-based mental health court program and who, while a
  140  mental health court program participant, is the subject of a
  141  violation of probation or community control under s. 948.06
  142  shall have the violation of probation or community control heard
  143  by the judge presiding over the postadjudicatory treatment-based
  144  mental health court program. The judge shall dispose of any such
  145  violation, after a hearing on or admission of the violation, as
  146  he or she deems appropriate if the resulting sentence or
  147  conditions are lawful.
  148         (4) Treatment-based mental health court programs may
  149  include pretrial intervention programs as provided in s. 948.08,
  150  treatment-based mental health court programs authorized in
  151  chapter 39, postadjudicatory programs as provided in ss. 948.01
  152  and 948.06, and review of the status of compliance or
  153  noncompliance of sentenced offenders through a treatment-based
  154  mental health court program.
  155         (5) Contingent upon an annual appropriation by the
  156  Legislature, each judicial circuit with a treatment-based mental
  157  health court program shall establish, at a minimum, one
  158  coordinator position for the treatment-based mental health court
  159  program within the state courts system to coordinate the
  160  responsibilities of the participating agencies and service
  161  providers. Each coordinator shall provide direct support to the
  162  treatment-based mental health court program by providing
  163  coordination between the multidisciplinary team and the
  164  judiciary, providing case management, monitoring compliance of
  165  the participants in the treatment-based mental health court
  166  program with court requirements, and providing program
  167  evaluation and accountability.
  168         (6) If a county chooses to fund a treatment-based mental
  169  health court program, the county must secure funding from
  170  sources other than the state for those costs not otherwise
  171  assumed by the state pursuant to s. 29.004. However, this does
  172  not preclude a county from using treatment and other service
  173  funding provided through state executive branch agencies.
  174  Counties may provide, by interlocal agreement, for the
  175  collective funding of these programs.
  176         (7) The chief judge of each judicial circuit may appoint an
  177  advisory committee for the treatment-based mental health court
  178  program. The committee shall be composed of the chief judge, or
  179  his or her designee, who shall serve as chair; the judge of the
  180  treatment-based mental health court program, if not otherwise
  181  designated by the chief judge as his or her designee; the state
  182  attorney, or his or her designee; the public defender, or his or
  183  her designee; the treatment-based mental health court program
  184  coordinators; community representatives; treatment
  185  representatives; and any other persons the chair finds are
  186  appropriate.
  187         Section 3. Section 394.656, Florida Statutes, is amended to
  188  read:
  189         394.656 Criminal Justice, Mental Health, and Substance
  190  Abuse Reinvestment Grant Program.—
  191         (1) There is created within the Department of Children and
  192  Families the Criminal Justice, Mental Health, and Substance
  193  Abuse Reinvestment Grant Program. The purpose of the program is
  194  to provide funding to counties with which they can plan,
  195  implement, or expand initiatives that increase public safety,
  196  avert increased spending on criminal justice, and improve the
  197  accessibility and effectiveness of treatment services for adults
  198  and juveniles who have a mental illness, substance abuse
  199  disorder, or co-occurring mental health and substance abuse
  200  disorders and who are in, or at risk of entering, the criminal
  201  or juvenile justice systems.
  202         (2) The department shall establish a Criminal Justice,
  203  Mental Health, and Substance Abuse Statewide Grant Review
  204  Committee. The committee shall include:
  205         (a) One representative of the Department of Children and
  206  Families;
  207         (b) One representative of the Department of Corrections;
  208         (c) One representative of the Department of Juvenile
  209  Justice;
  210         (d) One representative of the Department of Elderly
  211  Affairs; and
  212         (e) One representative of the Office of the State Courts
  213  Administrator;
  214         (f) One representative of the Department of Veterans’
  215  Affairs;
  216         (g) One representative of the Florida Sheriffs Association;
  217         (h) One representative of the Florida Police Chiefs
  218  Association;
  219         (i) One representative of the Florida Association of
  220  Counties;
  221         (j) One representative of the Florida Alcohol and Drug
  222  Abuse Association; and
  223         (k) One representative from the Florida Council for
  224  Community Mental Health.
  225  
  226  The committee shall serve as the advisory body to review policy
  227  and funding issues that help reduce the impact of persons with
  228  mental illness and substance abuse disorders on communities and
  229  the court system. The committee shall advise the department in
  230  selecting priorities for applying and reviewing grants and
  231  investing awarded grant moneys.
  232         (3) In addition to the committee established pursuant to
  233  subsection (2), the department shall create a grant review and
  234  selection committee. To the extent possible, the members of the
  235  grant review and selection committee shall have expertise in the
  236  content areas relating to grant applications, including, but not
  237  limited to, substance abuse and mental health disorders,
  238  community corrections, and law enforcement. In addition, members
  239  shall have experience in grant writing, grant reviewing, and
  240  grant application scoring.
  241         (4)(a)(3)(a) A county, or a not-for-profit community
  242  provider designated by a local county planning council or
  243  committee described in s. 394.657, may apply for a 1-year
  244  planning grant or a 3-year implementation or expansion grant.
  245  The purpose of the grants is to demonstrate that investment in
  246  treatment efforts related to mental illness, substance abuse
  247  disorders, or co-occurring mental health and substance abuse
  248  disorders results in a reduced demand on the resources of the
  249  judicial, corrections, juvenile detention, and health and social
  250  services systems.
  251         (b) To be eligible to receive a 1-year planning grant or a
  252  3-year implementation or expansion grant, a county applicant
  253  must have a county planning council or committee that is in
  254  compliance with the membership requirements set forth in this
  255  section.
  256         (5)(4) The Criminal Justice, Mental Health, and Substance
  257  Abuse Statewide Grant Review Committee shall notify the
  258  Department of Children and Families in writing of the names of
  259  the applicants who have been selected by the committee to
  260  receive a grant. Contingent upon the availability of funds and
  261  upon notification by the review committee of those applicants
  262  approved to receive planning, implementation, or expansion
  263  grants, the Department of Children and Families may transfer
  264  funds appropriated for the grant program to an approved
  265  applicant any county awarded a grant.
  266         Section 4. Present paragraphs (b) through (g) of subsection
  267  (7) of section 394.9082, Florida Statutes, are redesignated as
  268  paragraphs (c) through (h), respectively, a new paragraph (b) is
  269  added to that subsection, present paragraphs (c) and (d) of that
  270  subsection are amended, present subsections (10) and (11) of
  271  that section are redesignated as subsections (11) and (12),
  272  respectively, and a new subsection (10) is added to that
  273  section, to read:
  274         394.9082 Behavioral health managing entities.—
  275         (7) MANAGING ENTITY REQUIREMENTS.—The department may adopt
  276  rules and standards and a process for the qualification and
  277  operation of managing entities which are based, in part, on the
  278  following criteria:
  279         (b) The managing entity shall support network providers to
  280  offer comprehensive and coordinated care to all persons in need,
  281  but may develop a prioritization framework when necessary to
  282  make the best use of limited resources. Priority populations
  283  include:
  284         1. Individuals in crisis stabilization units who are on the
  285  waitlist for placement in a state treatment facility;
  286         2. Individuals in state treatment facilities on the
  287  waitlist for community care;
  288         3. Parents or caretakers with child welfare involvement;
  289         4. Individuals with multiple arrests and incarceration as a
  290  result of their behavioral health condition; and
  291         5. Individuals with behavioral health disorders and
  292  comorbidities consistent with the characteristics of patients in
  293  the region’s population of behavioral health service users who
  294  account for a disproportionately high percentage of service
  295  expenditures.
  296         (d)(c) A managing entity must submit a network management
  297  plan and budget in a form and manner determined by the
  298  department. The plan must detail the means for implementing the
  299  duties to be contracted to the managing entity and the
  300  efficiencies to be anticipated by the department as a result of
  301  executing the contract. The department may require modifications
  302  to the plan and must approve the plan before contracting with a
  303  managing entity. The department may contract with a managing
  304  entity that demonstrates readiness to assume core functions, and
  305  may continue to add functions and responsibilities to the
  306  managing entity’s contract over time as additional competencies
  307  are developed as identified in paragraph (h) (g).
  308  Notwithstanding other provisions of this section, the department
  309  may continue and expand managing entity contracts if the
  310  department determines that the managing entity meets the
  311  requirements specified in this section.
  312         (e)(d) Notwithstanding paragraphs (c) (b) and (d) (c), a
  313  managing entity that is currently a fully integrated system
  314  providing mental health and substance abuse services, Medicaid,
  315  and child welfare services is permitted to continue operating
  316  under its current governance structure as long as the managing
  317  entity can demonstrate to the department that consumers, other
  318  stakeholders, and network providers are included in the planning
  319  process.
  320         (10) CRISIS STABILIZATION SERVICES UTILIZATION DATABASE.
  321  The department shall develop, implement, and maintain standards
  322  under which a managing entity shall collect utilization data
  323  from all public receiving facilities situated within its
  324  geographic service area. As used in this subsection, the term
  325  “public receiving facility” means an entity that meets the
  326  licensure requirements of and is designated by the department to
  327  operate as a public receiving facility under s. 394.875 and that
  328  is operating as a licensed crisis stabilization unit.
  329         (a) The department shall develop standards and protocols
  330  for managing entities and public receiving facilities to use in
  331  the collection, storage, transmittal, and analysis of data. The
  332  standards and protocols must allow for compatibility of data and
  333  data transmittal between public receiving facilities, managing
  334  entities, and the department for the implementation and
  335  requirements of this subsection. The department shall require
  336  managing entities contracted under this section to comply with
  337  this subsection by August 1, 2015.
  338         (b) A managing entity shall require a public receiving
  339  facility within its provider network to submit data to the
  340  managing entity, in real time or at least daily, for:
  341         1. All admissions and discharges of clients receiving
  342  public receiving facility services who qualify as indigent, as
  343  defined in s. 394.4787; and
  344         2. Current active census of total licensed beds, the number
  345  of beds purchased by the department, the number of clients
  346  qualifying as indigent occupying those beds, and the total
  347  number of unoccupied licensed beds regardless of funding.
  348         (c) A managing entity shall require a public receiving
  349  facility within its provider network to submit data, on a
  350  monthly basis, to the managing entity which aggregates the daily
  351  data submitted under paragraph (b). The managing entity shall
  352  reconcile the data in the monthly submission to the data
  353  received by the managing entity under paragraph (b) to check for
  354  consistency. If the monthly aggregate data submitted by a public
  355  receiving facility under this paragraph is inconsistent with the
  356  daily data submitted under paragraph (b), the managing entity
  357  shall consult with the public receiving facility to make
  358  corrections as necessary to ensure accurate data.
  359         (d) A managing entity shall require a public receiving
  360  facility within its provider network to submit data, on an
  361  annual basis, to the managing entity which aggregates the data
  362  submitted and reconciled under paragraph (c). The managing
  363  entity shall reconcile the data in the annual submission to the
  364  data received and reconciled by the managing entity under
  365  paragraph (c) to check for consistency. If the annual aggregate
  366  data submitted by a public receiving facility under this
  367  paragraph is inconsistent with the data received and reconciled
  368  under paragraph (c), the managing entity shall consult with the
  369  public receiving facility to make corrections as necessary to
  370  ensure accurate data.
  371         (e) After ensuring accurate data under paragraphs (c) and
  372  (d), the managing entity shall submit the data to the department
  373  on a monthly and an annual basis. The department shall create a
  374  statewide database for the data described under paragraph (b)
  375  and submitted under this paragraph for the purpose of analyzing
  376  the payments for and the use of crisis stabilization services
  377  funded under the Baker Act on a statewide basis and on an
  378  individual public receiving facility basis.
  379         (f) The department shall adopt rules to administer this
  380  subsection.
  381         (g) The department shall submit a report by January 31,
  382  2016, and annually thereafter, to the Governor, the President of
  383  the Senate, and the Speaker of the House of Representatives
  384  which provides details on the implementation of this subsection,
  385  including the status of the data collection process and a
  386  detailed analysis of the data collected under this subsection.
  387         (h) The implementation of this subsection is subject to
  388  specific appropriations provided to the department under the
  389  General Appropriations Act.
  390         Section 5. Paragraph (e) is added to subsection (10) of
  391  section 29.004, Florida Statutes, to read:
  392         29.004 State courts system.—For purposes of implementing s.
  393  14, Art. V of the State Constitution, the elements of the state
  394  courts system to be provided from state revenues appropriated by
  395  general law are as follows:
  396         (10) Case management. Case management includes:
  397         (e) Service referral, coordination, monitoring, and
  398  tracking for treatment-based mental health court programs under
  399  s. 394.47892.
  400  
  401  Case management may not include costs associated with the
  402  application of therapeutic jurisprudence principles by the
  403  courts. Case management also may not include case intake and
  404  records management conducted by the clerk of court.
  405         Section 6. Subsection (6) of section 39.001, Florida
  406  Statutes, is amended to read:
  407         39.001 Purposes and intent; personnel standards and
  408  screening.—
  409         (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
  410         (a) The Legislature recognizes that early referral and
  411  comprehensive treatment can help combat mental illnesses and
  412  substance abuse disorders in families and that treatment is
  413  cost-effective.
  414         (b) The Legislature establishes the following goals for the
  415  state related to mental illness and substance abuse treatment
  416  services in the dependency process:
  417         1. To ensure the safety of children.
  418         2. To prevent and remediate the consequences of mental
  419  illnesses and substance abuse disorders on families involved in
  420  protective supervision or foster care and reduce the occurrences
  421  of mental illnesses and substance abuse disorders, including
  422  alcohol abuse or related disorders, for families who are at risk
  423  of being involved in protective supervision or foster care.
  424         3. To expedite permanency for children and reunify healthy,
  425  intact families, when appropriate.
  426         4. To support families in recovery.
  427         (c) The Legislature finds that children in the care of the
  428  state’s dependency system need appropriate health care services,
  429  that the impact of mental illnesses and substance abuse
  430  disorders on health indicates the need for health care services
  431  to include treatment for mental health and substance abuse
  432  disorders services to children and parents where appropriate,
  433  and that it is in the state’s best interest that such children
  434  be provided the services they need to enable them to become and
  435  remain independent of state care. In order to provide these
  436  services, the state’s dependency system must have the ability to
  437  identify and provide appropriate intervention and treatment for
  438  children with personal or family-related mental illness and
  439  substance abuse problems.
  440         (d) It is the intent of the Legislature to encourage the
  441  use of the treatment-based mental health court program model
  442  established by s. 394.47892 and drug court program model
  443  established by s. 397.334 and authorize courts to assess
  444  children and persons who have custody or are requesting custody
  445  of children where good cause is shown to identify and address
  446  mental illnesses and substance abuse disorders problems as the
  447  court deems appropriate at every stage of the dependency
  448  process. Participation in treatment, including a treatment-based
  449  mental health court program or a treatment-based drug court
  450  program, may be required by the court following adjudication.
  451  Participation in assessment and treatment before prior to
  452  adjudication is shall be voluntary, except as provided in s.
  453  39.407(16).
  454         (e) It is therefore the purpose of the Legislature to
  455  provide authority for the state to contract with mental health
  456  service providers and community substance abuse treatment
  457  providers for the development and operation of specialized
  458  support and overlay services for the dependency system, which
  459  will be fully implemented and used as resources permit.
  460         (f) Participation in a treatment-based mental health court
  461  program or a the treatment-based drug court program does not
  462  divest any public or private agency of its responsibility for a
  463  child or adult, but is intended to enable these agencies to
  464  better meet their needs through shared responsibility and
  465  resources.
  466         Section 7. Subsection (10) of section 39.507, Florida
  467  Statutes, is amended to read:
  468         39.507 Adjudicatory hearings; orders of adjudication.—
  469         (10) After an adjudication of dependency, or a finding of
  470  dependency where adjudication is withheld, the court may order a
  471  person who has custody or is requesting custody of the child to
  472  submit to a mental health or substance abuse disorder assessment
  473  or evaluation. The assessment or evaluation must be administered
  474  by a qualified professional, as defined in s. 397.311. The court
  475  may also require such person to participate in and comply with
  476  treatment and services identified as necessary, including, when
  477  appropriate and available, participation in and compliance with
  478  a treatment-based mental health court program established under
  479  s. 394.47892 or a treatment-based drug court program established
  480  under s. 397.334. In addition to supervision by the department,
  481  the court, including the treatment-based mental health court
  482  program or treatment-based drug court program, may oversee the
  483  progress and compliance with treatment by a person who has
  484  custody or is requesting custody of the child. The court may
  485  impose appropriate available sanctions for noncompliance upon a
  486  person who has custody or is requesting custody of the child or
  487  make a finding of noncompliance for consideration in determining
  488  whether an alternative placement of the child is in the child’s
  489  best interests. Any order entered under this subsection may be
  490  made only upon good cause shown. This subsection does not
  491  authorize placement of a child with a person seeking custody,
  492  other than the parent or legal custodian, who requires mental
  493  health or substance abuse disorder treatment.
  494         Section 8. Paragraph (b) of subsection (1) of section
  495  39.521, Florida Statutes, is amended to read:
  496         39.521 Disposition hearings; powers of disposition.—
  497         (1) A disposition hearing shall be conducted by the court,
  498  if the court finds that the facts alleged in the petition for
  499  dependency were proven in the adjudicatory hearing, or if the
  500  parents or legal custodians have consented to the finding of
  501  dependency or admitted the allegations in the petition, have
  502  failed to appear for the arraignment hearing after proper
  503  notice, or have not been located despite a diligent search
  504  having been conducted.
  505         (b) When any child is adjudicated by a court to be
  506  dependent, the court having jurisdiction of the child has the
  507  power by order to:
  508         1. Require the parent and, when appropriate, the legal
  509  custodian and the child to participate in treatment and services
  510  identified as necessary. The court may require the person who
  511  has custody or who is requesting custody of the child to submit
  512  to a mental health or substance abuse disorder assessment or
  513  evaluation. The assessment or evaluation must be administered by
  514  a qualified professional, as defined in s. 397.311. The court
  515  may also require such person to participate in and comply with
  516  treatment and services identified as necessary, including, when
  517  appropriate and available, participation in and compliance with
  518  a treatment-based mental health court program established under
  519  s. 394.47892 or treatment-based drug court program established
  520  under s. 397.334. In addition to supervision by the department,
  521  the court, including the treatment-based mental health court
  522  program or treatment-based drug court program, may oversee the
  523  progress and compliance with treatment by a person who has
  524  custody or is requesting custody of the child. The court may
  525  impose appropriate available sanctions for noncompliance upon a
  526  person who has custody or is requesting custody of the child or
  527  make a finding of noncompliance for consideration in determining
  528  whether an alternative placement of the child is in the child’s
  529  best interests. Any order entered under this subparagraph may be
  530  made only upon good cause shown. This subparagraph does not
  531  authorize placement of a child with a person seeking custody of
  532  the child, other than the child’s parent or legal custodian, who
  533  requires mental health or substance abuse disorder treatment.
  534         2. Require, if the court deems necessary, the parties to
  535  participate in dependency mediation.
  536         3. Require placement of the child either under the
  537  protective supervision of an authorized agent of the department
  538  in the home of one or both of the child’s parents or in the home
  539  of a relative of the child or another adult approved by the
  540  court, or in the custody of the department. Protective
  541  supervision continues until the court terminates it or until the
  542  child reaches the age of 18, whichever date is first. Protective
  543  supervision shall be terminated by the court whenever the court
  544  determines that permanency has been achieved for the child,
  545  whether with a parent, another relative, or a legal custodian,
  546  and that protective supervision is no longer needed. The
  547  termination of supervision may be with or without retaining
  548  jurisdiction, at the court’s discretion, and shall in either
  549  case be considered a permanency option for the child. The order
  550  terminating supervision by the department shall set forth the
  551  powers of the custodian of the child and shall include the
  552  powers ordinarily granted to a guardian of the person of a minor
  553  unless otherwise specified. Upon the court’s termination of
  554  supervision by the department, no further judicial reviews are
  555  required, so long as permanency has been established for the
  556  child.
  557         Section 9. Paragraph (a) of subsection (7) of section
  558  948.08, Florida Statutes, is amended to read:
  559         948.08 Pretrial intervention program.—
  560         (7)(a) Notwithstanding any provision of this section, a
  561  person who is charged with a felony, other than a felony listed
  562  in s. 948.06(8)(c), and identified as a veteran, as defined in
  563  s. 1.01, including a veteran who was discharged or released
  564  under a general discharge, or servicemember, as defined in s.
  565  250.01, who suffers from a military service-related mental
  566  illness, traumatic brain injury, substance abuse disorder, or
  567  psychological problem, is eligible for voluntary admission into
  568  a pretrial veterans’ treatment intervention program approved by
  569  the chief judge of the circuit, upon motion of either party or
  570  the court’s own motion, except:
  571         1. If a defendant was previously offered admission to a
  572  pretrial veterans’ treatment intervention program at any time
  573  before trial and the defendant rejected that offer on the
  574  record, the court may deny the defendant’s admission to such a
  575  program.
  576         2. If a defendant previously entered a court-ordered
  577  veterans’ treatment program, the court may deny the defendant’s
  578  admission into the pretrial veterans’ treatment program.
  579         Section 10. Paragraph (a) of subsection (2) of section
  580  948.16, Florida Statutes, is amended to read:
  581         948.16 Misdemeanor pretrial substance abuse education and
  582  treatment intervention program; misdemeanor pretrial veterans’
  583  treatment intervention program.—
  584         (2)(a) A veteran, as defined in s. 1.01, including a
  585  veteran who was discharged or released under a general
  586  discharge, or servicemember, as defined in s. 250.01, who
  587  suffers from a military service-related mental illness,
  588  traumatic brain injury, substance abuse disorder, or
  589  psychological problem, and who is charged with a misdemeanor is
  590  eligible for voluntary admission into a misdemeanor pretrial
  591  veterans’ treatment intervention program approved by the chief
  592  judge of the circuit, for a period based on the program’s
  593  requirements and the treatment plan for the offender, upon
  594  motion of either party or the court’s own motion. However, the
  595  court may deny the defendant admission into a misdemeanor
  596  pretrial veterans’ treatment intervention program if the
  597  defendant has previously entered a court-ordered veterans’
  598  treatment program.
  599         Section 11. Section 948.21, Florida Statutes, is amended to
  600  read:
  601         948.21 Condition of probation or community control;
  602  military servicemembers and veterans.—
  603         (1) Effective for a probationer or community controllee
  604  whose crime was committed on or after July 1, 2012, and who is a
  605  veteran, as defined in s. 1.01, or servicemember, as defined in
  606  s. 250.01, who suffers from a military service-related mental
  607  illness, traumatic brain injury, substance abuse disorder, or
  608  psychological problem, the court may, in addition to any other
  609  conditions imposed, impose a condition requiring the probationer
  610  or community controllee to participate in a treatment program
  611  capable of treating the probationer or community controllee’s
  612  mental illness, traumatic brain injury, substance abuse
  613  disorder, or psychological problem.
  614         (2) Effective for a probationer or community controllee
  615  whose crime was committed on or after July 1, 2015, and who is a
  616  veteran, as defined in s. 1.01, including a veteran who was
  617  discharged or released under a general discharge, or a
  618  servicemember, as defined in s. 250.01, who suffers from a
  619  military service-related mental illness, traumatic brain injury,
  620  substance abuse disorder, or psychological problem, the court
  621  may impose, in addition to any other conditions imposed, a
  622  condition requiring the probationer or community controllee to
  623  participate in a treatment program established to treat the
  624  probationer or community controllee’s mental illness, traumatic
  625  brain injury, substance abuse disorder, or psychological
  626  problem.
  627         (3) The court shall give preference to treatment programs
  628  for which the probationer or community controllee is eligible
  629  through the United States Department of Veterans Affairs or the
  630  Florida Department of Veterans’ Affairs. The Department of
  631  Corrections is not required to spend state funds to implement
  632  this section.
  633         Section 12. The Agency for Health Care Administration shall
  634  apply to the United States Department of Health and Human
  635  Services for a planning grant and any other subsequent grant
  636  programs that become available through s. 203 of the federal
  637  Protecting Access to Medicare Act of 2014, Pub. L. No. 113-93,
  638  and that create opportunity to improve access to community
  639  mental health services while improving Medicaid reimbursement
  640  rates for such services. The agency shall collaborate with the
  641  Department of Children and Families in preparing the state’s
  642  application for submission.
  643         Section 13. This act shall take effect July 1, 2015.