HB 0669 2003
1	CHAMBER ACTION
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6	The Committee on Future of Florida's Families recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
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12	A bill to be entitled
13	An act relating to substance abuse treatment and
14	intervention; amending s. 39.001, F.S.; providing
15	additional legislative findings and purposes with respect
16	to the treatment of substance abuse; authorizing the court
17	to require certain persons to undergo treatment following
18	adjudication; amending ss. 39.402 and 39.407, F.S.;
19	authorizing the court to order specified persons to submit
20	to a substance abuse assessment upon a showing of good
21	cause in connection with a shelter hearing or petition for
22	dependency; authorizing sanctions for noncompliance;
23	amending ss. 39.507 and 39.521, F.S.; authorizing the
24	court to order specified persons to submit to a substance
25	abuse assessment as part of an adjudicatory order or
26	pursuant to a disposition hearing; requiring a showing of
27	good cause; authorizing the court to require participation
28	in a treatment-based drug court program; authorizing the
29	court to impose sanctions for noncompliance; amending s.
30	39.701, F.S.; authorizing the court to extend the time for
31	completing a case plan during judicial review, based upon
32	participation in a treatment-based drug court program;
33	amending s. 397.334, F.S.; revising legislative intent
34	with respect to treatment-based drug court programs to
35	reflect participation by community support agencies, the
36	Department of Education, and other individuals; including
37	post adjudicatory programs as part of treatment-based drug
38	court programs; requiring each judicial circuit to
39	establish a position for a coordinator of the treatment-
40	based drug court program; requiring the chief judge of
41	each judicial circuit to appoint an advisory committee for
42	the treatment-based drug court program; providing for
43	membership of the committee; revising language with
44	respect to an annual report; amending s. 910.035, F.S.;
45	revising language with respect to conditions for the
46	transfer of a case in the drug court treatment program to
47	a county other than that in which the charge arose;
48	amending s. 948.08, F.S.; revising eligibility
49	requirements for participation in pretrial intervention
50	programs; authorizing the court to refer certain
51	defendants who are assessed with a substance abuse problem
52	to a pretrial intervention program with the approval of
53	the state attorney; deleting provisions authorizing
54	advisory committees for the district pretrial intervention
55	programs; amending s. 985.306, F.S.; revising eligibility
56	requirements for participation in delinquency pretrial
57	intervention programs; authorizing the court to refer
58	certain juveniles who are assessed as having a substance
59	abuse problem to a substance abuse education and treatment
60	intervention program; deleting provisions authorizing
61	advisory committees for the district delinquency pretrial
62	intervention program; providing an effective date.
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64	Be It Enacted by the Legislature of the State of Florida:
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66	Section 1. Subsection (4) of section 39.001, Florida
67	Statutes, is amended to read:
68	39.001 Purposes and intent; personnel standards and
69	screening.--
70	(4) SUBSTANCE ABUSE SERVICES.--
71	(a) The Legislature recognizes that substance abuse is a
72	primary cause of the dramatic rise in cases of child abuse and
73	neglect, immeasurably increases the complexity of cases in the
74	dependency system, severely compromises or destroys the ability
75	of parents to provide a safe and nurturing home for children,
76	and severely confounds the dependency system's ability to
77	protect children. The Legislature also recognizes that early
78	referral and comprehensive treatment can help combat substance
79	abuse in families and that treatment is cost-effective. The
80	Legislature further recognizes that treatment-based drug court
81	program models that integrate judicial supervision, treatment,
82	accountability, sanctions, and community support greatly
83	increase the effectiveness of substance abuse treatment and
84	reduce the number of cases of child abuse and neglect.
85	(b) The substance abuse treatment and family safety
86	programs of the Department of Children and Family Services have
87	identified the following goals for this state:
88	1. Ensure the safety of children.
89	2. Prevent and remediate the consequences of substance
90	abuse on families involved in protective supervision or foster
91	care and reduce substance abuse, including alcohol abuse, for
92	families who are at risk of being involved in protective
93	supervision or foster care.
94	3. Expedite permanency for children and reunify healthy,
95	intact families, when appropriate.
96	4. Support families in recovery.
97	(c)The Legislature finds that children in the care of the
98	state's dependency system need appropriate health care services,
99	that the impact of substance abuse on health indicates the need
100	for health care services to include substance abuse services to
101	children and parents where appropriate, and that it is in the
102	state's best interest that such children be provided the
103	services they need to enable them to become and remain
104	independent of state care. In order to provide these services,
105	the state's dependency system must have the ability to identify
106	and provide appropriate intervention and treatment for children
107	with personal or family-related substance abuse problems.
108	(d) It is the intent of the Legislature to encourage the
109	court to support the drug court program model by assessing
110	parents and children to identify and address substance abuse
111	problems as the court deems appropriate at every stage of the
112	dependency process. Participation in treatment, including a
113	treatment-based drug court program, may be required by the court
114	following adjudication. This subsection does not prevent a
115	child’s parents, and, when appropriate, the legal custodian,
116	from voluntarily entering treatment, including a treatment-based
117	drug court program, at the earliest stage of the process.
118	Nothing in this section precludes a court from ordering drug
119	testing where substance abuse is suspected to determine the
120	safety of a child placement with a caretaker.
121	(e)It is therefore the purpose of the Legislature to
122	provide authority for the state to contract with community
123	substance abuse treatment providers for the development and
124	operation of specialized support and overlay services for the
125	dependency system, which will be fully implemented and used
126	utilizedas resources permit.
127	(f) It is the intent of the Legislature to encourage the
128	Department of Children and Family Services, in conjunction with
129	community agencies; treatment-based facilities; facilities
130	dedicated to child welfare, child development, and mental health
131	services; the Department of Health; other similar agencies;
132	local governments; law enforcement agencies; and other
133	interested public or private sources to support the drug court
134	program model. Participation in the treatment-based drug court
135	program does not divest any public or private agency of its
136	responsibility for a child or adult, but enables these agencies
137	to better meet their needs through shared responsibility and
138	resources.
139	Section 2. Present subsections (11) through (16) of
140	section 39.402, Florida Statutes, are renumbered as subsections
141	(12) through (17), respectively, and a new subsection (11) is
142	added to said section, to read:
143	39.402 Placement in a shelter.--
144	(11) At the shelter hearing, if the mental or physical
145	condition of a child or the child's parent, caregiver, legal
146	custodian, or other person requesting custody of the child is in
147	controversy, the court may order the person to submit to a
148	substance abuse assessment or evaluation. The assessment or
149	evaluation must be administered by a qualified professional, as
150	defined in s. 397.311. The order may be made only upon good
151	cause shown and pursuant to the notice and procedures set forth
152	in the Florida Rules of Juvenile Procedure.
153	Section 3. Section 39.407, Florida Statutes, is amended to
154	read:
155	39.407 Medical, psychiatric, and psychological examination
156	and treatment of child; physical,or mental, or substance abuse
157	examination of parent or person requesting custody of child.--
158	(1) When any child is removed from the home and maintained
159	in an out-of-home placement, the department is authorized to
160	have a medical screening performed on the child without
161	authorization from the court and without consent from a parent
162	or legal custodian. Such medical screening shall be performed by
163	a licensed health care professional and shall be to examine the
164	child for injury, illness, and communicable diseases and to
165	determine the need for immunization. The department shall by
166	rule establish the invasiveness of the medical procedures
167	authorized to be performed under this subsection. In no case
168	does this subsection authorize the department to consent to
169	medical treatment for such children.
170	(2) When the department has performed the medical
171	screening authorized by subsection (1), or when it is otherwise
172	determined by a licensed health care professional that a child
173	who is in an out-of-home placement, but who has not been
174	committed to the department, is in need of medical treatment,
175	including the need for immunization, consent for medical
176	treatment shall be obtained in the following manner:
177	(a)1. Consent to medical treatment shall be obtained from
178	a parent or legal custodian of the child; or
179	2. A court order for such treatment shall be obtained.
180	(b) If a parent or legal custodian of the child is
181	unavailable and his or her whereabouts cannot be reasonably
182	ascertained, and it is after normal working hours so that a
183	court order cannot reasonably be obtained, an authorized agent
184	of the department shall have the authority to consent to
185	necessary medical treatment, including immunization, for the
186	child. The authority of the department to consent to medical
187	treatment in this circumstance shall be limited to the time
188	reasonably necessary to obtain court authorization.
189	(c) If a parent or legal custodian of the child is
190	available but refuses to consent to the necessary treatment,
191	including immunization, a court order shall be required unless
192	the situation meets the definition of an emergency in s. 743.064
193	or the treatment needed is related to suspected abuse,
194	abandonment, or neglect of the child by a parent, caregiver, or
195	legal custodian. In such case, the department shall have the
196	authority to consent to necessary medical treatment. This
197	authority is limited to the time reasonably necessary to obtain
198	court authorization.
199
200	In no case shall the department consent to sterilization,
201	abortion, or termination of life support.
202	(3)(a) A judge may order a child in an out-of-home
203	placement to be examined by a licensed health care professional.
204	(b) The judge may also order such child to be evaluated by
205	a psychiatrist or a psychologist or, if a developmental
206	disability is suspected or alleged, by the developmental
207	disability diagnostic and evaluation team of the department. If
208	it is necessary to place a child in a residential facility for
209	such evaluation, the criteria and procedure established in s.
210	394.463(2) or chapter 393 shall be used, whichever is
211	applicable.
212	(c) The judge may also order such child to be evaluated by
213	a district school board educational needs assessment team. The
214	educational needs assessment provided by the district school
215	board educational needs assessment team shall include, but not
216	be limited to, reports of intelligence and achievement tests,
217	screening for learning disabilities and other handicaps, and
218	screening for the need for alternative education as defined in
219	s. 1001.42.
220	(4) A judge may order a child in an out-of-home placement
221	to be treated by a licensed health care professional based on
222	evidence that the child should receive treatment. The judge may
223	also order such child to receive mental health or developmental
224	disabilities services from a psychiatrist, psychologist, or
225	other appropriate service provider. Except as provided in
226	subsection (5), if it is necessary to place the child in a
227	residential facility for such services, the procedures and
228	criteria established in s. 394.467 or chapter 393 shall be used,
229	whichever is applicable. A child may be provided developmental
230	disabilities or mental health services in emergency situations,
231	pursuant to the procedures and criteria contained in s.
232	394.463(1) or chapter 393, whichever is applicable.
233	(5) Children who are in the legal custody of the
234	department may be placed by the department, without prior
235	approval of the court, in a residential treatment center
236	licensed under s. 394.875 or a hospital licensed under chapter
237	395 for residential mental health treatment only pursuant to
238	this section or may be placed by the court in accordance with an
239	order of involuntary examination or involuntary placement
240	entered pursuant to s. 394.463 or s. 394.467. All children
241	placed in a residential treatment program under this subsection
242	must have a guardian ad litem appointed.
243	(a) As used in this subsection, the term:
244	1. "Residential treatment" means placement for
245	observation, diagnosis, or treatment of an emotional disturbance
246	in a residential treatment center licensed under s. 394.875 or a
247	hospital licensed under chapter 395.
248	2. "Least restrictive alternative" means the treatment and
249	conditions of treatment that, separately and in combination, are
250	no more intrusive or restrictive of freedom than reasonably
251	necessary to achieve a substantial therapeutic benefit or to
252	protect the child or adolescent or others from physical injury.
253	3. "Suitable for residential treatment" or "suitability"
254	means a determination concerning a child or adolescent with an
255	emotional disturbance as defined in s. 394.492(5) or a serious
256	emotional disturbance as defined in s. 394.492(6) that each of
257	the following criteria is met:
258	a. The child requires residential treatment.
259	b. The child is in need of a residential treatment program
260	and is expected to benefit from mental health treatment.
261	c. An appropriate, less restrictive alternative to
262	residential treatment is unavailable.
263	(b) Whenever the department believes that a child in its
264	legal custody is emotionally disturbed and may need residential
265	treatment, an examination and suitability assessment must be
266	conducted by a qualified evaluator who is appointed by the
267	Agency for Health Care Administration. This suitability
268	assessment must be completed before the placement of the child
269	in a residential treatment center for emotionally disturbed
270	children and adolescents or a hospital. The qualified evaluator
271	must be a psychiatrist or a psychologist licensed in Florida who
272	has at least 3 years of experience in the diagnosis and
273	treatment of serious emotional disturbances in children and
274	adolescents and who has no actual or perceived conflict of
275	interest with any inpatient facility or residential treatment
276	center or program.
277	(c) Before a child is admitted under this subsection, the
278	child shall be assessed for suitability for residential
279	treatment by a qualified evaluator who has conducted a personal
280	examination and assessment of the child and has made written
281	findings that:
282	1. The child appears to have an emotional disturbance
283	serious enough to require residential treatment and is
284	reasonably likely to benefit from the treatment.
285	2. The child has been provided with a clinically
286	appropriate explanation of the nature and purpose of the
287	treatment.
288	3. All available modalities of treatment less restrictive
289	than residential treatment have been considered, and a less
290	restrictive alternative that would offer comparable benefits to
291	the child is unavailable.
292
293	A copy of the written findings of the evaluation and suitability
294	assessment must be provided to the department and to the
295	guardian ad litem, who shall have the opportunity to discuss the
296	findings with the evaluator.
297	(d) Immediately upon placing a child in a residential
298	treatment program under this section, the department must notify
299	the guardian ad litem and the court having jurisdiction over the
300	child and must provide the guardian ad litem and the court with
301	a copy of the assessment by the qualified evaluator.
302	(e) Within 10 days after the admission of a child to a
303	residential treatment program, the director of the residential
304	treatment program or the director's designee must ensure that an
305	individualized plan of treatment has been prepared by the
306	program and has been explained to the child, to the department,
307	and to the guardian ad litem, and submitted to the department.
308	The child must be involved in the preparation of the plan to the
309	maximum feasible extent consistent with his or her ability to
310	understand and participate, and the guardian ad litem and the
311	child's foster parents must be involved to the maximum extent
312	consistent with the child's treatment needs. The plan must
313	include a preliminary plan for residential treatment and
314	aftercare upon completion of residential treatment. The plan
315	must include specific behavioral and emotional goals against
316	which the success of the residential treatment may be measured.
317	A copy of the plan must be provided to the child, to the
318	guardian ad litem, and to the department.
319	(f) Within 30 days after admission, the residential
320	treatment program must review the appropriateness and
321	suitability of the child's placement in the program. The
322	residential treatment program must determine whether the child
323	is receiving benefit toward the treatment goals and whether the
324	child could be treated in a less restrictive treatment program.
325	The residential treatment program shall prepare a written report
326	of its findings and submit the report to the guardian ad litem
327	and to the department. The department must submit the report to
328	the court. The report must include a discharge plan for the
329	child. The residential treatment program must continue to
330	evaluate the child's treatment progress every 30 days thereafter
331	and must include its findings in a written report submitted to
332	the department. The department may not reimburse a facility
333	until the facility has submitted every written report that is
334	due.
335	(g)1. The department must submit, at the beginning of each
336	month, to the court having jurisdiction over the child, a
337	written report regarding the child's progress toward achieving
338	the goals specified in the individualized plan of treatment.
339	2. The court must conduct a hearing to review the status
340	of the child's residential treatment plan no later than 3 months
341	after the child's admission to the residential treatment
342	program. An independent review of the child's progress toward
343	achieving the goals and objectives of the treatment plan must be
344	completed by a qualified evaluator and submitted to the court
345	before its 3-month review.
346	3. For any child in residential treatment at the time a
347	judicial review is held pursuant to s. 39.701, the child's
348	continued placement in residential treatment must be a subject
349	of the judicial review.
350	4. If at any time the court determines that the child is
351	not suitable for continued residential treatment, the court
352	shall order the department to place the child in the least
353	restrictive setting that is best suited to meet his or her
354	needs.
355	(h) After the initial 3-month review, the court must
356	conduct a review of the child's residential treatment plan every
357	90 days.
358	(i) The department must adopt rules for implementing
359	timeframes for the completion of suitability assessments by
360	qualified evaluators and a procedure that includes timeframes
361	for completing the 3-month independent review by the qualified
362	evaluators of the child's progress toward achieving the goals
363	and objectives of the treatment plan which review must be
364	submitted to the court. The Agency for Health Care
365	Administration must adopt rules for the registration of
366	qualified evaluators, the procedure for selecting the evaluators
367	to conduct the reviews required under this section, and a
368	reasonable, cost-efficient fee schedule for qualified
369	evaluators.
370	(6) When a child is in an out-of-home placement, a
371	licensed health care professional shall be immediately called if
372	there are indications of physical injury or illness, or the
373	child shall be taken to the nearest available hospital for
374	emergency care.
375	(7) Except as otherwise provided herein, nothing in this
376	section shall be deemed to eliminate the right of a parent,
377	legal custodian, or the child to consent to examination or
378	treatment for the child.
379	(8) Except as otherwise provided herein, nothing in this
380	section shall be deemed to alter the provisions of s. 743.064.
381	(9) A court shall not be precluded from ordering services
382	or treatment to be provided to the child by a duly accredited
383	practitioner who relies solely on spiritual means for healing in
384	accordance with the tenets and practices of a church or
385	religious organization, when required by the child's health and
386	when requested by the child.
387	(10) Nothing in this section shall be construed to
388	authorize the permanent sterilization of the child unless such
389	sterilization is the result of or incidental to medically
390	necessary treatment to protect or preserve the life of the
391	child.
392	(11) For the purpose of obtaining an evaluation or
393	examination, or receiving treatment as authorized pursuant to
394	this section, no child alleged to be or found to be dependent
395	shall be placed in a detention home or other program used
396	primarily for the care and custody of children alleged or found
397	to have committed delinquent acts.
398	(12) The parents or legal custodian of a child in an out-
399	of-home placement remain financially responsible for the cost of
400	medical treatment provided to the child even if either one or
401	both of the parents or if the legal custodian did not consent to
402	the medical treatment. After a hearing, the court may order the
403	parents or legal custodian, if found able to do so, to reimburse
404	the department or other provider of medical services for
405	treatment provided.
406	(13) Nothing in this section alters the authority of the
407	department to consent to medical treatment for a dependent child
408	when the child has been committed to the department and the
409	department has become the legal custodian of the child.
410	(14) At any time after the filing of a shelter petition or
411	petition for dependency, when the mental or physical condition,
412	including the blood group, of a parent, caregiver, legal
413	custodian, or other person requesting custody of a child is in
414	controversy, the court may order the person to submit to a
415	physical or mental examination by a qualified professional. The
416	order may be made only upon good cause shown and pursuant to
417	notice and procedures as set forth by the Florida Rules of
418	Juvenile Procedure.
419	(15) At any time after a shelter petition or petition for
420	dependency is filed, if the mental or physical condition of a
421	child or the child's parent, caregiver, legal custodian, or
422	other person requesting custody of the child is in controversy,
423	the court, if it has not already done so, may order the person
424	to submit to a substance abuse assessment and evaluation. The
425	assessment or evaluation must be administered by a qualified
426	professional, as defined in s. 397.311. The order may be made
427	only upon good cause shown and pursuant to the notice and
428	procedures set forth in the Florida Rules of Juvenile Procedure.
429	Section 4. Subsection (9) is added to section 39.507,
430	Florida Statutes, to read:
431	39.507 Adjudicatory hearings; orders of adjudication.--
432	(9) If the mental or physical condition of a child or the
433	child's parent, caregiver, legal custodian, or other person
434	requesting custody of the child is in controversy, the court, if
435	it has not already done so, may require the person to submit to
436	a substance abuse assessment or evaluation. The assessment or
437	evaluation must be administered by a qualified professional, as
438	defined in s. 397.311. The court may also require such person to
439	participate in and comply with treatment and services identified
440	as necessary, including, when appropriate and available,
441	participation and compliance with a treatment-based drug court
442	program. The court, including the treatment-based drug court
443	program, shall oversee the progress and compliance with
444	treatment by the child or the child's parent, legal custodian,
445	caregiver, or other person requesting custody of the child, and
446	shall impose appropriate available sanctions for noncompliance
447	upon the child's parent, legal custodian, caregiver, or other
448	person requesting custody of the child. Any order entered under
449	this subsection may be made only upon good cause shown and
450	pursuant to the notice and procedures set forth in the Florida
451	Rules of Juvenile Procedure.
452	Section 5. Paragraph (b) of subsection (1) of section
453	39.521, Florida Statutes, is amended to read:
454	39.521 Disposition hearings; powers of disposition.--
455	(1) A disposition hearing shall be conducted by the court,
456	if the court finds that the facts alleged in the petition for
457	dependency were proven in the adjudicatory hearing, or if the
458	parents or legal custodians have consented to the finding of
459	dependency or admitted the allegations in the petition, have
460	failed to appear for the arraignment hearing after proper
461	notice, or have not been located despite a diligent search
462	having been conducted.
463	(b) When any child is adjudicated by a court to be
464	dependent, the court having jurisdiction of the child has the
465	power by order to:
466	1. Require, if the court has not already done so, a child
467	or the child's parent, caregiver, legal custodian, or other
468	person requesting custody of the child to submit to a substance
469	abuse assessment or evaluation when such person's mental or
470	physical condition is in controversy. The assessment or
471	evaluation must be administered by a qualified professional, as
472	defined in s. 397.311. The court may also require such person to
473	participate in treatment and services identified as necessary,
474	including participation and compliance with a treatment-based
475	drug court program, when appropriate and if available. The
476	court, including the treatment-based drug court program, shall
477	oversee the progress and compliance with treatment by the child
478	or the child's parent, legal custodian, caregiver, or other
479	person requesting custody of the child, and shall impose
480	appropriate available sanctions for noncompliance upon the
481	child's parent, legal custodian, caregiver, or other person
482	requesting custody of the child. Any order entered under this
483	paragraph may be made only upon good cause shown and pursuant to
484	the notice and procedures set forth in the Florida Rules of
485	Juvenile Procedure.the parent and, when appropriate, the legal
486	custodian and the child, to participate in treatment and
487	services identified as necessary.
488	2. Require, if the court deems necessary, the parties to
489	participate in dependency mediation.
490	3. Require placement of the child either under the
491	protective supervision of an authorized agent of the department
492	in the home of one or both of the child's parents or in the home
493	of a relative of the child or another adult approved by the
494	court, or in the custody of the department. Protective
495	supervision continues until the court terminates it or until the
496	child reaches the age of 18, whichever date is first. Protective
497	supervision shall be terminated by the court whenever the court
498	determines that permanency has been achieved for the child,
499	whether with a parent, another relative, or a legal custodian,
500	and that protective supervision is no longer needed. The
501	termination of supervision may be with or without retaining
502	jurisdiction, at the court's discretion, and shall in either
503	case be considered a permanency option for the child. The order
504	terminating supervision by the department shall set forth the
505	powers of the custodian of the child and shall include the
506	powers ordinarily granted to a guardian of the person of a minor
507	unless otherwise specified. Upon the court's termination of
508	supervision by the department, no further judicial reviews are
509	required, so long as permanency has been established for the
510	child.
511	Section 6. Paragraph (d) of subsection (8) of section
512	39.701, Florida Statutes, is amended to read:
513	39.701 Judicial review.--
514	(8)
515	(d) The court may extend the time limitation of the case
516	plan, or may modify the terms of the plan, which, in addition to
517	other modifications, may include a requirement that the parent,
518	foster parent, or legal custodian participate in a treatment-
519	based drug court program,based upon information provided by the
520	social service agency, and the guardian ad litem, if one has
521	been appointed, the parent or parents, and the foster parents or
522	legal custodian, and any other competent information on record
523	demonstrating the need for the amendment. If the court extends
524	the time limitation of the case plan, the court must make
525	specific findings concerning the frequency of past parent-child
526	visitation, if any, and the court may authorize the expansion or
527	restriction of future visitation. Modifications to the plan must
528	be handled as prescribed in s. 39.601. Any extension of a case
529	plan must comply with the time requirements and other
530	requirements specified by this chapter.
531	Section 7. Section 397.334, Florida Statutes, is amended
532	to read:
533	397.334 Treatment-based drug court programs.--
534	(1) It is the intent of the Legislature to implement
535	treatment-based drug court programs in each judicial circuit in
536	an effort to reduce crime and recidivism, abuse and neglect
537	cases, and family dysfunction by breaking the cycle of
538	addiction,which is the most predominant cause of cases entering
539	the justice system. The Legislature recognizes that the
540	integration of judicial supervision, treatment, accountability,
541	and sanctions, and community supportgreatly increases the
542	effectiveness of substance abuse treatment. The Legislature
543	also seeks to ensure that there is a coordinated, integrated,
544	and multidisciplinary response to the substance abuse problem in
545	this state, with special attention given to the creation of
546	creating partnerships amongbetween the public, community,and
547	private sectors and to the coordinated, supported, and
548	integrated delivery of multiple-system services for substance
549	abusers, including a multiagencyteam approach to service
550	delivery and aftercare services.
551	(2) Each judicial circuit shall establish a model of a
552	treatment-based drug court program under which persons in the
553	justice system assessed with a substance abuse problem will be
554	processed in such a manner as to appropriately address the
555	severity of the identified substance abuse problem through
556	treatment servicesplanstailored to the individual needs of the
557	participant. These treatment-based drug court program models may
558	be established in the misdemeanor, felony, family, delinquency,
559	and dependency divisions of the judicial circuits. It is the
560	intent of the Legislature to encourage the Department of
561	Corrections, the Department of Children and Family Services, the
562	Department of Juvenile Justice, the Department of Health, the
563	Department of Law Enforcement, the Department of Education, and
564	other such otheragencies, local governments, law enforcement
565	agencies, and other interested public or private sources, and
566	individualsto support the creation and establishment of these
567	problem-solving court programs. Participation in the treatment-
568	based drug court programs does not divest any public or private
569	agency of its responsibility for a child or adult, but enables
570	allowsthese agencies to better meet their needs through shared
571	responsibility and resources.
572	(3) The treatment-based drug court programs shall include
573	therapeutic jurisprudence and restorative justiceprinciples and
574	adhere to the following 10 key components, recognized by the
575	Drug Courts Program Office of the Office of Justice Programs of
576	the United States Department of Justice and adopted by the
577	Florida Supreme Court Treatment-Based Drug Court Steering
578	Committee:
579	(a) Drug court programs integrate alcohol and other drug
580	treatment services with justice system case processing.
581	(b) Using a nonadversarial approach, prosecution and
582	defense counsel promote public safety while protecting
583	participants' due process rights.
584	(c) Eligible participants are identified early and
585	promptly placed in the drug court program.
586	(d) Drug court programs provide access to a continuum of
587	alcohol, drug, and other related treatment and rehabilitation
588	services.
589	(e) Abstinence is monitored by frequent testing for
590	alcohol and other drugs.
591	(f) A coordinated strategy governs drug court program
592	responses to participants' compliance.
593	(g) Ongoing judicial interaction with each drug court
594	program participant is essential.
595	(h) Monitoring and evaluation measure the achievement of
596	program goals and gauge program effectiveness.
597	(i) Continuing interdisciplinary education promotes
598	effective drug court program planning, implementation, and
599	operations.
600	(j) Forging partnerships among drug court programs, public
601	agencies, and community-based organizations generates local
602	support and enhances drug court program effectiveness.
603	(4) Treatment-based drug court programs may include
604	pretrial intervention programs as provided in ss. 948.08,
605	948.16, and 985.306, post adjudicatory programs, and the
606	monitoring of sentenced offenders through a treatment-based drug
607	court program. Supervision may also be provided for offenders
608	who transfer from jail or a prison-based treatment program into
609	the community.
610	(5) Contingent upon an annual appropriation by the
611	Legislature, each judicial circuit shall establish, at a
612	minimum, one coordinator position for the treatment-based drug
613	court program within the state courts system to coordinate the
614	responsibilities of the participating agencies and service
615	providers. Each coordinator shall provide direct support to the
616	treatment-based drug court program by providing coordination
617	between the multidisciplinary team and the judiciary, providing
618	case management, monitoring compliance of the participants in
619	the treatment-based drug court program with court requirements,
620	and providing program evaluation and accountability.
621	(6)(5)(a) The Florida Association of Drug Court Program
622	Professionals is created. The membership of the association may
623	consist of treatment-baseddrug court program practitioners who
624	comprise the multidisciplinary treatment-baseddrug court
625	program team, including, but not limited to, judges, state
626	attorneys, defense counsel, drug courtprogram coordinators,
627	probation officers, law enforcement officers, community
628	representatives,members of the academic community, and
629	treatment professionals. Membership in the association shall be
630	voluntary.
631	(b) The association shall annually elect a chair whose
632	duty is to solicit recommendations from members on issues
633	relating to the expansion, operation, and institutionalization
634	of treatment-baseddrug court programs. The chair is
635	responsible for providing the association's recommendations
636	together with a report each year, on or before October 1, to the
637	appropriate Supreme Court committee or personnel of the Office
638	of the State Courts AdministratorSupreme Court Treatment-Based
639	Drug Court Steering Committee, and shall submit a report each
640	year, on or before October 1, to the steering committee.
641	(7) The chief judge of each judicial circuit may appoint
642	an advisory committee for the treatment-based drug court
643	program. The committee shall be composed of the chief judge or
644	his or her designee, who shall serve as chair; the judge of the
645	treatment-based drug court program, if not otherwise designated
646	by the chief judge as his or her designee; the state attorney,
647	or his or her designee; the public defender, or his or her
648	designee; the treatment-based drug court program coordinators;
649	community representatives; and any other persons the chair finds
650	are appropriate.
651	Section 8. Subsection (5) of section 910.035, Florida
652	Statutes, is amended to read:
653	910.035 Transfer from county for plea and sentence.--
654	(5) Any person eligible for participation in a drug court
655	treatment program pursuant to s. 948.08(6) may be eligible to
656	have the case transferred to a county other than that in which
657	the charge arose if the drug court program agrees and if the
658	following conditions are met:
659	(a) The authorized representative of the drug court
660	program of the county requesting to transfer the case shall
661	consult with the authorized representative of the drug court
662	program in the county to which transfer is desired.
663	(b) If approval for transfer is received from all parties,
664	the trial court shall accept a plea of nolo contendere andenter
665	a transfer order directing the clerk to transfer the case to the
666	county which has accepted the defendant into its drug court
667	program.
668	(c) The transfer order shall include a copy of the
669	probable cause affidavit; any charging documents in the case;
670	all reports, witness statements, test results, evidence lists,
671	and other documents in the case; the defendant's mailing address
672	and phone number; and the defendant's written consent to abide
673	by the rules and procedures of the receiving county's drug court
674	program.
675	(d) After the transfer takes place, the clerk shall set
676	the matter for a hearing before the drug court program judge and
677	the court shall ensure the defendant's entry into the drug court
678	program.
679	(e) Upon successful completion of the drug court program,
680	the jurisdiction to which the case has been transferred shall
681	dispose of the case pursuant to s. 948.08(6). If the defendant
682	does not complete the drug court program successfully, the
683	jurisdiction to which the case has been transferred shall
684	dispose of the case within the guidelines of the Criminal
685	Punishment Codecase shall be prosecuted as determined by the
686	state attorneys of the sending and receiving counties.
687	Section 9. Subsections (6), (7), and (8) of section
688	948.08, Florida Statutes, are amended to read:
689	948.08 Pretrial intervention program.--
690	(6)(a) Notwithstanding any provision of this section, a
691	person who is charged with a felony of the second or third
692	degree for purchase or possession of a controlled substance
693	under chapter 893, prostitution, tampering with evidence,
694	solicitation for purchase of a controlled substance, or
695	obtaining a prescription by fraud; who has not been charged with
696	a crime involving violence, including, but not limited to,
697	murder, sexual battery, robbery, carjacking, home-invasion
698	robbery, or any other crime involving violence; and who has not
699	previously been convicted of a felony nor been admitted to a
700	felony pretrial program referred to in this sectionis eligible
701	for admission into a pretrial substance abuse education and
702	treatment intervention program approved by the chief judge of
703	the circuit, for a period of not less than 1 year in duration,
704	upon motion of either party or the court's own motion, except:
705	1. If a defendant was previously offered admission to a
706	pretrial substance abuse education and treatment intervention
707	program at any time prior to trial and the defendant rejected
708	that offer on the record, then the court or the state attorney
709	may deny the defendant's admission to such a program.
710	1.2.If the state attorney believes that the facts and
711	circumstances of the case suggest the defendant's involvement in
712	the dealing and selling of controlled substances, the court
713	shall hold a preadmission hearing. If the state attorney
714	establishes, by a preponderance of the evidence at such hearing,
715	that the defendant was involved in the dealing or selling of
716	controlled substances, the court shall deny the defendant's
717	admission into a pretrial intervention program.
718	2. A defendant assessed with a substance abuse problem who
719	is charged for the first time with a nonviolent third degree
720	felony and a defendant assessed with a substance abuse problem
721	who has previously been convicted of a nonviolent third degree
722	felony who is charged with a second or subsequent nonviolent
723	third degree felony may, with the approval of the state
724	attorney, be referred to the program outlined in this
725	subsection. Upon successful completion of the program, the
726	defendant is entitled to dismissal of the pending charge
727	involving a nonviolent third degree felony.
728	(b) At the end of the pretrial intervention period, the
729	court shall consider the recommendation of the administrator
730	pursuant to subsection (5) and the recommendation of the state
731	attorney as to disposition of the pending charges. The court
732	shall determine, by written finding, whether the defendant has
733	successfully completed the pretrial intervention program.
734	(c)1. If the court finds that the defendant has not
735	successfully completed the pretrial intervention program, the
736	court may order the person to continue in education and
737	treatment or order that the charges revert to normal channels
738	for prosecution.
739	2. The court shall dismiss the charges upon a finding that
740	the defendant has successfully completed the pretrial
741	intervention program.
742	(d) Any entity, whether public or private, providing a
743	pretrial substance abuse education and treatment intervention
744	program under this subsection must contract with the county or
745	appropriate governmental entity, and the terms of the contract
746	must include, but need not be limited to, the requirements
747	established for private entities under s. 948.15(3).
748	(7) The chief judge in each circuit may appoint an
749	advisory committee for the pretrial intervention program
750	composed of the chief judge or his or her designee, who shall
751	serve as chair; the state attorney, the public defender, and the
752	program administrator, or their designees; and such other
753	persons as the chair deems appropriate. The advisory committee
754	may not designate any defendant eligible for a pretrial
755	intervention program for any offense that is not listed under
756	paragraph (6)(a) without the state attorney's recommendation and
757	approval. The committee may also include persons representing
758	any other agencies to which persons released to the pretrial
759	intervention program may be referred.
760	(7)(8)The department may contract for the services and
761	facilities necessary to operate pretrial intervention programs.
762	Section 10. Section 985.306, Florida Statutes, is amended
763	to read:
764	985.306 Delinquency pretrial intervention program.--
765	(1)(a)Notwithstanding any provision of law to the
766	contrary, a child who is charged under chapter 893 with a
767	misdemeanor; afelony of the second or third degree for purchase
768	or possession of a controlled substance under chapter 893;
769	tampering with evidence, solicitation for purchase of a
770	controlled substance, or obtaining a prescription by fraud, and
771	who has not previously been adjudicated for a felony nor been
772	admitted to a delinquency pretrial intervention program under
773	this section, is eligible for admission into a delinquency
774	pretrial substance abuse education and treatment intervention
775	program approved by the chief judge or alternative sanctions
776	coordinator of the circuit to the extent that funded programs
777	are available, for a period based on the program requirements
778	and the treatment services that are suitable for the offenderof
779	not less than 1 year in duration, upon motion of either party or
780	the court's own motion, except:.
781	(a)If the state attorney believes that the facts and
782	circumstances of the case suggest the child's involvement in the
783	dealing and selling of controlled substances, the court shall
784	hold a preadmission hearing. If the state attorney establishes
785	by a preponderance of the evidence at such hearing that the
786	child was involved in the dealing and selling of controlled
787	substances, the court shall deny the child's admission into a
788	delinquency pretrial intervention program.
789	(b) A child assessed with a substance abuse problem who is
790	charged for the first time with a nonviolent third degree felony
791	and a child assessed with a substance abuse problem who has
792	previously been adjudicated guilty of or delinquent for a
793	nonviolent third degree felony who is charged with a second or
794	subsequent nonviolent third degree felony may, with the approval
795	of the state attorney, be referred to the program outlined in
796	this subsection. Upon successful completion of the program, the
797	child is entitled to dismissal of the pending charge as provided
798	in paragraph (3)(b).
799	(2)(b)At the end of the delinquency pretrial intervention
800	period, the court shall consider the recommendation of the state
801	attorney and the program administrator as to disposition of the
802	pending charges. The court shall determine, by written finding,
803	whether the child has successfully completed the delinquency
804	pretrial intervention program.
805	(3)(a)(c)1.If the court finds that the child has not
806	successfully completed the delinquency pretrial intervention
807	program, the court may order the child to continue in an
808	education, treatment, or urine monitoring program if resources
809	and funding are available or order that the charges revert to
810	normal channels for prosecution.
811	(b)2.The court may dismiss the charges upon a finding
812	that the child has successfully completed the delinquency
813	pretrial intervention program.
814	(4)(d)Any entity, whether public or private, providing
815	pretrial substance abuse education, treatment intervention, and
816	a urine monitoring program under this section must contract with
817	the county or appropriate governmental entity, and the terms of
818	the contract must include, but need not be limited to, the
819	requirements established for private entities under s.
820	948.15(3). It is the intent of the Legislature that public or
821	private entities providing substance abuse education and
822	treatment intervention programs involve the active participation
823	of parents, schools, churches, businesses, law enforcement
824	agencies, and the department or its contract providers.
825	(2) The chief judge in each circuit may appoint an
826	advisory committee for the delinquency pretrial intervention
827	program composed of the chief judge or designee, who shall serve
828	as chair; the state attorney, the public defender, and the
829	program administrator, or their designees; and such other
830	persons as the chair deems appropriate. The committee may also
831	include persons representing any other agencies to which
832	children released to the delinquency pretrial intervention
833	program may be referred.
834	Section 11. This act shall take effect July 1, 2003.
835