Florida Senate - 2012 SB 1744
By Senator Latvala
16-01081A-12 20121744__
1 A bill to be entitled
2 An act relating to substance abuse treatment services;
3 providing a short title; amending s. 28.241, F.S.;
4 revising the filing fee for involuntary admissions
5 proceedings for substance abuse treatment; providing
6 for the distribution of proceeds from the fee;
7 amending ss. 397.6772, 397.6773, 397.6797, and
8 397.6798, F.S.; increasing the period allowed for
9 assessment of a person following involuntary custody
10 or admission to a hospital or other facility;
11 conforming provisions; amending s. 397.754, F.S.;
12 specifying requirements for initial processing of
13 inmates by the Department of Corrections for substance
14 abuse needs; providing that, to the fullest extent
15 practicable, inmates be given the choice between
16 faith-based and nonfaith-based substance abuse
17 programs; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. This act may be cited as “The Jennifer Act.”
22 Section 2. Paragraph (a) of subsection (1) of section
23 28.241, Florida Statutes, is amended to read:
24 28.241 Filing fees for trial and appellate proceedings.—
25 (1)(a)1.a. Except as provided in sub-subparagraphs sub
26 subparagraph b. and d. and subparagraph 2., the party
27 instituting a any civil action, suit, or proceeding in the
28 circuit court shall pay to the clerk of that court a filing fee
29 of up to $395 in all cases in which there are up to not more
30 than five defendants and an additional filing fee of up to $2.50
31 for each defendant in excess of five. Of the first $280 in
32 filing fees, $80 shall must be remitted by the clerk to the
33 Department of Revenue for deposit into the General Revenue Fund,
34 $195 shall must be remitted to the Department of Revenue for
35 deposit into the State Courts Revenue Trust Fund, $3.50 shall
36 must be remitted to the Department of Revenue for deposit into
37 the Clerks of the Court Trust Fund within the Justice
38 Administrative Commission and used to fund the Florida Clerks of
39 Court Operations Corporation created in s. 28.35, and $1.50
40 shall be remitted to the Department of Revenue for deposit into
41 the Administrative Trust Fund within the Department of Financial
42 Services to fund clerk budget reviews conducted by the
43 Department of Financial Services. One third of the any filing
44 fees collected by the clerk of the circuit court in excess of
45 $100 shall be remitted to the Department of Revenue for deposit
46 into the Clerks of the Court Trust Fund within the Justice
47 Administrative Commission.
48 b. The party instituting any civil action, suit, or
49 proceeding in the circuit court under chapter 39, chapter 61,
50 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
51 753 shall pay to the clerk of that court a filing fee of up to
52 $295 in all cases in which there are up to not more than five
53 defendants and an additional filing fee of up to $2.50 for each
54 defendant in excess of five. Of the first $180 in filing fees,
55 $80 shall must be remitted by the clerk to the Department of
56 Revenue for deposit into the General Revenue Fund, $95 shall
57 must be remitted to the Department of Revenue for deposit into
58 the State Courts Revenue Trust Fund, $3.50 shall must be
59 remitted to the Department of Revenue for deposit into the
60 Clerks of the Court Trust Fund within the Justice Administrative
61 Commission and used to fund the Florida Clerks of Court
62 Operations Corporation created in s. 28.35, and $1.50 shall be
63 remitted to the Department of Revenue for deposit into the
64 Administrative Trust Fund within the Department of Financial
65 Services to fund clerk budget reviews conducted by the
66 Department of Financial Services.
67 c. An additional filing fee of $4 shall be paid to the
68 clerk, of which. the clerk shall remit $3.50 to the Department
69 of Revenue for deposit into the Court Education Trust Fund and
70 shall remit 50 cents to the Department of Revenue for deposit
71 into the Clerks of the Court Trust Fund within the Justice
72 Administrative Commission to fund clerk education. An additional
73 filing fee of up to $18 shall be paid by the party seeking each
74 severance that is granted. The clerk may impose an additional
75 filing fee of up to $85 for all proceedings of garnishment,
76 attachment, replevin, and distress. Postal charges incurred by
77 the clerk of the circuit court in making service by certified or
78 registered mail on defendants or other parties shall be paid by
79 the party at whose instance service is made. No Additional fees,
80 charges, or costs may not shall be added to the filing fees
81 imposed under this section, except as authorized in this section
82 or by general law.
83 d. The party instituting a civil action, suit, or
84 proceeding in the circuit court under part V of chapter 397
85 shall pay to the clerk of that court a filing fee of up to $195
86 in all cases in which there are up to five defendants and an
87 additional filing fee of up to $2.50 for each defendant in
88 excess of five. The first $90 in filing fees shall be remitted
89 to the Department of Revenue for deposit into the State Courts
90 Revenue Trust Fund, $3.50 shall be remitted to the Department of
91 Revenue for deposit into the Clerks of the Court Trust Fund
92 within the Justice Administrative Commission and used to fund
93 the Florida Clerks of Court Operations Corporation created in s.
94 28.35, and $1.50 shall be remitted to the Department of Revenue
95 for deposit into the Administrative Trust Fund within the
96 Department of Financial Services to fund clerk budget reviews
97 conducted by the Department of Financial Services.
98 2.a. Notwithstanding the fees prescribed in subparagraph
99 1., a party instituting a civil action in circuit court relating
100 to real property or mortgage foreclosure must shall pay a
101 graduated filing fee based on the value of the claim.
102 a.b. The A party shall estimate in writing the amount of
103 the claim in controversy of the claim upon filing the action.
104 For purposes of this subparagraph, the value of a mortgage
105 foreclosure action is based upon the principal due on the note
106 secured by the mortgage, plus interest owed on the note and any
107 moneys advanced by the lender for property taxes, insurance, and
108 other advances secured by the mortgage, at the time of filing
109 the foreclosure. The value shall also includes include the value
110 of any tax certificates related to the property. In stating the
111 value of a mortgage foreclosure claim, the a party shall declare
112 in writing the total value of the claim, as well as the
113 individual elements of the value as prescribed in this sub
114 subparagraph.
115 b.c. In its order providing for the final disposition of
116 the matter, the court shall identify the actual value of the
117 claim. The clerk shall adjust the filing fee if there is a
118 difference between the estimated amount in controversy and the
119 actual value of the claim and collect any additional filing fee
120 owed or provide a refund of excess filing fee paid.
121 c.d. The party shall pay a filing fee of:
122 (I) Three hundred and ninety-five dollars in all cases in
123 which the value of the claim is $50,000 or less and in which
124 there are not more than five defendants. The party shall pay an
125 additional filing fee of up to $2.50 for each defendant in
126 excess of five. Of the first $280 in filing fees, $80 shall must
127 be remitted by the clerk to the Department of Revenue for
128 deposit into the General Revenue Fund, $195 shall must be
129 remitted to the Department of Revenue for deposit into the State
130 Courts Revenue Trust Fund, $3.50 shall must be remitted to the
131 Department of Revenue for deposit into the Clerks of the Court
132 Trust Fund within the Justice Administrative Commission and used
133 to fund the Florida Clerks of Court Operations Corporation
134 created in s. 28.35, and $1.50 shall be remitted to the
135 Department of Revenue for deposit into the Administrative Trust
136 Fund within the Department of Financial Services to fund clerk
137 budget reviews conducted by the Department of Financial
138 Services;
139 (II) Nine hundred dollars in all cases in which the value
140 of the claim is more than $50,000 but less than $250,000 and in
141 which there are not more than five defendants. The party shall
142 pay an additional filing fee of up to $2.50 for each defendant
143 in excess of five. Of the first $785 in filing fees, $80 shall
144 must be remitted by the clerk to the Department of Revenue for
145 deposit into the General Revenue Fund, $700 shall must be
146 remitted to the Department of Revenue for deposit into the State
147 Courts Revenue Trust Fund, $3.50 shall must be remitted to the
148 Department of Revenue for deposit into the Clerks of the Court
149 Trust Fund within the Justice Administrative Commission and used
150 to fund the Florida Clerks of Court Operations Corporation
151 described in s. 28.35, and $1.50 shall be remitted to the
152 Department of Revenue for deposit into the Administrative Trust
153 Fund within the Department of Financial Services to fund clerk
154 budget reviews conducted by the Department of Financial
155 Services; or
156 (III) One thousand nine hundred dollars in all cases in
157 which the value of the claim is $250,000 or more and in which
158 there are not more than five defendants. The party shall pay an
159 additional filing fee of up to $2.50 for each defendant in
160 excess of five. Of the first $1,785 in filing fees, $80 shall
161 must be remitted by the clerk to the Department of Revenue for
162 deposit into the General Revenue Fund, $1,700 shall must be
163 remitted to the Department of Revenue for deposit into the State
164 Courts Revenue Trust Fund, $3.50 shall must be remitted to the
165 Department of Revenue for deposit into the Clerks of the Court
166 Trust Fund within the Justice Administrative Commission to fund
167 the Florida Clerks of Court Operations Corporation created in s.
168 28.35, and $1.50 shall be remitted to the Department of Revenue
169 for deposit into the Administrative Trust Fund within the
170 Department of Financial Services to fund clerk budget reviews
171 conducted by the Department of Financial Services.
172 d.e. An additional filing fee of $4 shall be paid to the
173 clerk, of which. the clerk shall remit $3.50 to the Department
174 of Revenue for deposit into the Court Education Trust Fund and
175 shall remit 50 cents to the Department of Revenue for deposit
176 into the Clerks of the Court Trust Fund within the Justice
177 Administrative Commission to fund clerk education. An additional
178 filing fee of up to $18 shall be paid by the party seeking each
179 severance that is granted. The clerk may impose an additional
180 filing fee of up to $85 for all proceedings of garnishment,
181 attachment, replevin, and distress. Postal charges incurred by
182 the clerk of the circuit court in making service by certified or
183 registered mail on defendants or other parties shall be paid by
184 the party at whose instance service is made. No Additional fees,
185 charges, or costs may not shall be added to the filing fees
186 imposed under this section, except as authorized in this section
187 or by general law.
188 Section 3. Subsection (1) of section 397.6772, Florida
189 Statutes, is amended to read:
190 397.6772 Protective custody without consent.—
191 (1) If a person in circumstances that which justify
192 protective custody as described in s. 397.677 fails or refuses
193 to consent to assistance and a law enforcement officer has
194 determined that a hospital or a licensed detoxification or
195 addictions receiving facility is the most appropriate place for
196 the person, the officer may, after giving due consideration to
197 the expressed wishes of the person:
198 (a) Take the person to a hospital or to a licensed
199 detoxification or addictions receiving facility against the
200 person’s will but without using unreasonable force; or
201 (b) In the case of an adult, detain the person for his or
202 her own protection in a any municipal or county jail or other
203 appropriate detention facility.
204
205 Such detention is not to be considered an arrest for any
206 purpose, and no entry or other record may be made to indicate
207 that the person has been detained or charged with any crime. The
208 officer in charge of the detention facility must notify the
209 nearest appropriate licensed service provider within the first 8
210 hours after detention that the person has been detained. It is
211 the duty of The detention facility must to arrange, as
212 necessary, for transportation of the person to an appropriate
213 licensed service provider with an available bed. Persons taken
214 into protective custody must be assessed by the attending
215 physician within the 5-day 72-hour period and without
216 unnecessary delay, to determine the need for further services.
217 Section 4. Section 397.6773, Florida Statutes, is amended
218 to read:
219 397.6773 Dispositional alternatives after protective
220 custody.—
221 (1) An individual who is in protective custody must be
222 released by a qualified professional if when:
223 (a) The individual no longer meets the involuntary
224 admission criteria in s. 397.675(1);
225 (b) The 5-day 72-hour period has elapsed; or
226 (c) The individual has consented to remain voluntarily at
227 the licensed service provider.
228 (2) An individual may only be retained in protective
229 custody beyond the 5-day 72-hour period only if when a petition
230 for involuntary assessment or treatment has been initiated. The
231 timely filing of the petition authorizes the service provider to
232 retain physical custody of the individual pending further order
233 of the court.
234 Section 5. Section 397.6797, Florida Statutes, is amended
235 to read:
236 397.6797 Dispositional alternatives after emergency
237 admission.—Within 5 days 72 hours after an emergency admission
238 to a hospital, or a licensed detoxification or addictions
239 receiving facility, or the individual must be assessed by the
240 attending physician to determine the need for further services.
241 Within 5 days after an emergency admission to a nonresidential
242 component of a licensed service provider, the individual must be
243 assessed by a qualified professional to determine the need for
244 further services. Based upon that assessment, a qualified
245 professional of the hospital, detoxification facility, or
246 addictions receiving facility, or a qualified professional if a
247 less restrictive component was used, must either:
248 (1) Release the individual and, if where appropriate, refer
249 the individual to other needed services; or
250 (2) Retain the individual if when:
251 (a) The individual has consented to remain voluntarily at
252 the licensed provider; or
253 (b) A petition for involuntary assessment or treatment has
254 been initiated, the timely filing of which authorizes the
255 service provider to retain physical custody of the individual
256 pending further order of the court.
257 Section 6. Subsection (1) of section 397.6798, Florida
258 Statutes, is amended to read:
259 397.6798 Alternative involuntary assessment procedure for
260 minors.—
261 (1) In addition to protective custody, emergency admission,
262 and involuntary assessment and stabilization, an addictions
263 receiving facility may admit a minor for involuntary assessment
264 and stabilization upon the filing of an application to an
265 addictions receiving facility by the minor’s parent, guardian,
266 or legal custodian. The application must establish the need for
267 involuntary assessment and stabilization based on the criteria
268 for involuntary admission in s. 397.675. Within 5 days 72 hours
269 after involuntary admission of a minor, the minor must be
270 assessed to determine the need for further services. Assessments
271 must be performed by a qualified professional. If, after the 5
272 day 72-hour period, it is determined by the attending physician
273 that further services are necessary, the minor may be kept for a
274 period of up to 5 days, inclusive of the 5-day 72-hour period.
275 Section 7. Subsections (1) and (2) of section 397.754,
276 Florida Statutes, are amended to read:
277 397.754 Duties and responsibilities of the Department of
278 Corrections.—The Department of Corrections shall:
279 (1) To the fullest extent possible, provide inmates upon
280 arrival at a department of Corrections reception center for
281 initial processing with an assessment of substance abuse service
282 needs, including drug testing and mental, physical, and
283 emotional assessment by qualified professionals.
284 (2) Provide inmates who are admitted to inmate substance
285 abuse services with an individualized treatment plan that which
286 is developed on the basis of assessed need for services and that
287 which includes measurable goals and specifies the types of
288 services needed to meet those goals. In areas where both faith
289 based and nonfaith-based drug programs are available, and to the
290 fullest extent practicable, each inmate must be given the choice
291 of a faith-based or nonfaith-based program for rehabilitation
292 and drug treatment.
293 Section 8. This act shall take effect July 1, 2012.