Bill Text: FL S0914 | 2013 | Regular Session | Introduced
Bill Title: Substance Abuse Treatment Services
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-05-03 - Died in Children, Families, and Elder Affairs [S0914 Detail]
Download: Florida-2013-S0914-Introduced.html
Florida Senate - 2013 SB 914 By Senator Latvala 20-00487A-13 2013914__ 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 the 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) Filing fees are due at the time a party files a 26 pleading to initiate a proceeding or files a pleading for 27 relief. Reopen fees are due at the time a party files a pleading 28 to reopen a proceeding if at least 90 days have elapsed since 29 the filing of a final order or final judgment with the clerk. If 30 a fee is not paid upon the filing of the pleading as required 31 under this section, the clerk shall pursue collection of the fee 32 pursuant to s. 28.246. 33 (a)1.a. Except as provided in sub-subparagraphssub34subparagraphb. and d. and subparagraph 2., the party 35 instituting aanycivil action, suit, or proceeding in the 36 circuit court shall pay to the clerk of that court a filing fee 37 not to exceedof up to$395 in all cases in which there are up 38 tonot more thanfive defendants and an additional filing fee of 39 up to $2.50 for each defendant in excess of five. Of the first 40 $280 in filing fees, $80 shallmustbe remitted by the clerk to 41 the Department of Revenue for deposit into the General Revenue 42 Fund, $195 shallmustbe remitted to the Department of Revenue 43 for deposit into the State Courts Revenue Trust Fund, $3.50 44 shallmustbe remitted to the Department of Revenue for deposit 45 into the Clerks of the Court Trust Fund within the Justice 46 Administrative Commission and used to fund the Florida Clerks of 47 Court Operations Corporation created in s. 28.35, and $1.50 48 shallmustbe remitted to the Department of Revenue for deposit 49 into the Administrative Trust Fund within the Department of 50 Financial Services to fund clerk budget reviews conducted by the 51 Department of Financial Services. One third of theanyfiling 52 fees collected by the clerk of the circuit court in excess of 53 $100 shallmustbe remitted to the Department of Revenue for 54 deposit into the Clerks of the Court Trust Fund within the 55 Justice Administrative Commission. 56 b. The party instituting any civil action, suit, or 57 proceeding in the circuit court under chapter 39, chapter 61, 58 chapter 741, chapter 742, chapter 747, chapter 752, or chapter 59 753 shall pay to the clerk of that court a filing fee of up to 60 $295 in all cases in which there are up tonot more thanfive 61 defendants and an additional filing fee of up to $2.50 for each 62 defendant in excess of five. Of the first $180 in filing fees, 63 $80 shallmustbe remitted by the clerk to the Department of 64 Revenue for deposit into the General Revenue Fund, $95 shall 65mustbe remitted to the Department of Revenue for deposit into 66 the State Courts Revenue Trust Fund, $3.50 shallmustbe 67 remitted to the Department of Revenue for deposit into the 68 Clerks of the Court Trust Fund within the Justice Administrative 69 Commission and used to fund the Florida Clerks of Court 70 Operations Corporation created in s. 28.35, and $1.50 shallmust71 be remitted to the Department of Revenue for deposit into the 72 Administrative Trust Fund within the Department of Financial 73 Services to fund clerk budget reviews conducted by the 74 Department of Financial Services. 75 c. An additional filing fee of $4 shall be paid to the 76 clerk. The clerk shall remit $3.50 to the Department of Revenue 77 for deposit into the Court Education Trust Fund andshall remit78 50 cents to the Department of Revenue for deposit into the 79 Clerks of the Court Trust Fund within the Justice Administrative 80 Commission to fund clerk education. An additional filing fee of 81 up to $18 shall be paid by the party seeking each severance that 82 is granted. The clerk may impose an additional filing fee of up 83 to $85 for all proceedings of garnishment, attachment, replevin, 84 and distress. Postal charges incurred by the clerkof the85circuit courtin making service by certified or registered mail 86 on defendants or other parties shall be paid by the party at 87 whose instance service is made. Additional fees, charges, or 88 costs may not be added to the filing fees imposed under this 89 section, except as authorized in this section or by general law. 90 d. The party instituting a civil action, suit, or 91 proceeding in the circuit court under part V of chapter 397 92 shall pay to the clerk of that court a filing fee not to exceed 93 $195 in all cases in which there are up to five defendants and 94 an additional filing fee of up to $2.50 for each defendant in 95 excess of five. The first $90 in filing fees shall be remitted 96 to the Department of Revenue for deposit into the State Courts 97 Revenue Trust Fund, $3.50 shall be remitted to the Department of 98 Revenue for deposit into the Clerks of the Court Trust Fund 99 within the Justice Administrative Commission and used to fund 100 the Florida Clerks of Court Operations Corporation created in s. 101 28.35, and $1.50 shall be remitted to the Department of Revenue 102 for deposit into the Administrative Trust Fund within the 103 Department of Financial Services to fund clerk budget reviews 104 conducted by the Department of Financial Services. 105 2.a.Notwithstanding the fees prescribed in subparagraph 106 1., a party instituting a civil action in circuit court relating 107 to real property or mortgage foreclosure mustshallpay a 108 graduated filing fee based on the value of the claim. 109 a.b.TheAparty shall estimate in writing the amount of 110 the claim in controversyof the claimupon filing the action. 111 For purposes of this subparagraph, the value of a mortgage 112 foreclosure action is based upon the principal due on the note 113 secured by the mortgage, plus interest owed on the note and any 114 moneys advanced by the lender for property taxes, insurance, and 115 other advances secured by the mortgage, at the time of filing 116 the foreclosure. The valueshallalso includesincludethe value 117 of any tax certificates related to the property. In stating the 118 value of a mortgage foreclosure claim, theaparty shall declare 119 in writing the total value of the claim, as well as the 120 individual elements of the value as prescribed in this sub 121 subparagraph. 122 b.c.In its order providing for the final disposition of 123 the matter, the court shall identify the actual value of the 124 claim. The clerk shall adjust the filing fee if there is a 125 difference between the estimated amount in controversy and the 126 actual value of the claim and collect any additional filing fee 127 owed or provide a refund of excess filing fee paid. 128 c.d.The party shall pay a filing fee of: 129 (I) Three hundred and ninety-five dollars in all cases in 130 which the value of the claim is $50,000 or less and in which 131 there are not more than five defendants. The party shall pay an 132 additional filing fee of up to $2.50 for each defendant in 133 excess of five. Of the first $280 in filing fees, $275 shall 134mustbe remitted by the clerk to the Department of Revenue for 135 deposit into the General Revenue Fund, $3.50 shallmustbe 136 remitted to the Department of Revenue for deposit into the 137 Clerks of the Court Trust Fund within the Justice Administrative 138 Commission and used to fund the Florida Clerks of Court 139 Operations Corporation created in s. 28.35, and $1.50 shallmust140 be remitted to the Department of Revenue for deposit into the 141 Administrative Trust Fund within the Department of Financial 142 Services to fund clerk budget reviews conducted by the 143 Department of Financial Services; 144 (II) Nine hundred dollars in all cases in which the value 145 of the claim is more than $50,000 but less than $250,000 andin146whichthere are not more than five defendants. The party shall 147 pay an additional filing fee of up to $2.50 for each defendant 148 in excess of five. Of the first $785 in filing fees, $780 shall 149mustbe remitted by the clerk to the Department of Revenue for 150 deposit into the General Revenue Fund, $3.50 shallmustbe 151 remitted to the Department of Revenue for deposit into the 152 Clerks of the Court Trust Fund within the Justice Administrative 153 Commission and used to fund the Florida Clerks of Court 154 Operations Corporation described in s. 28.35, and $1.50 shall 155mustbe remitted to the Department of Revenue for deposit into 156 the Administrative Trust Fund within the Department of Financial 157 Services to fund clerk budget reviews conducted by the 158 Department of Financial Services; or 159 (III) One thousand nine hundred dollars in all cases in 160 which the value of the claim is $250,000 or more andin which161 there are not more than five defendants. The party shall pay an 162 additional filing fee of up to $2.50 for each defendant in 163 excess of five. Of the first $1,785 in filing fees, $1,010 shall 164mustbe remitted by the clerk to the Department of Revenue for 165 deposit into the General Revenue Fund, $770 shallmustbe 166 remitted to the Department of Revenue for deposit into the State 167 Courts Revenue Trust Fund, $3.50 shallmustbe remitted to the 168 Department of Revenue for deposit into the Clerks of the Court 169 Trust Fund within the Justice Administrative Commission to fund 170 the Florida Clerks of Court Operations Corporation created in s. 171 28.35, and $1.50 shallmustbe remitted to the Department of 172 Revenue for deposit into the Administrative Trust Fund within 173 the Department of Financial Services to fund clerk budget 174 reviews conducted by the Department of Financial Services. 175 d.e.An additional filing fee of $4 shall be paid to the 176 clerk. The clerk shall remit $3.50 to the Department of Revenue 177 for deposit into the Court Education Trust Fund andshall remit178 50 cents to the Department of Revenue for deposit into the 179 Clerks of the Court Trust Fund within the Justice Administrative 180 Commission to fund clerk education. An additional filing fee of 181 up to $18 shall be paid by the party seeking each severance that 182 is granted. The clerk may impose an additional filing fee of up 183 to $85 for all proceedings of garnishment, attachment, replevin, 184 and distress. Postal charges incurred by the clerkof the185circuit courtin making service by certified or registered mail 186 on defendants or other parties shall be paid by the party at 187 whose instance service is made. Additional fees, charges, or 188 costs may not be added to the filing fees imposed under this 189 section, except as authorized in this section or by general law. 190 Section 3. Subsection (1) of section 397.6772, Florida 191 Statutes, is amended to read: 192 397.6772 Protective custody without consent.— 193 (1) If a person in circumstances thatwhichjustify 194 protective custody as described in s. 397.677 fails or refuses 195 to consent to assistance and a law enforcement officer has 196 determined that a hospital or a licensed detoxification or 197 addictions receiving facility is the most appropriate place for 198 the person, the officer may, after giving due consideration to 199 the expressed wishes of the person: 200 (a) Take the person to a hospital or to a licensed 201 detoxification or addictions receiving facility against the 202 person’s will but without using unreasonable force; or 203 (b) In the case of an adult, detain the person for his or 204 her own protection in aanymunicipal or county jail or other 205 appropriate detention facility. 206 207 Such detention is not to be considered an arrest for any 208 purpose, and no entry or other record may be made to indicate 209 that the person has been detained or charged with any crime. The 210 officer in charge of the detention facility shallmustnotify 211 the nearest appropriate licensed service provider within the 212 first 8 hours after detention that the person has been detained. 213It is the duty ofThe detention facility musttoarrange, as 214 necessary, for transportation of the person to an appropriate 215 licensed service provider with an available bed. Persons taken 216 into protective custody must be assessed by the attending 217 physician within the 5-day72-hourperiod and without 218 unnecessary delay, to determine the need for further services. 219 Section 4. Section 397.6773, Florida Statutes, is amended 220 to read: 221 397.6773 Dispositional alternatives after protective 222 custody.— 223 (1) An individual who is in protective custody must be 224 released by a qualified professional ifwhen: 225 (a) The individual no longer meets the involuntary 226 admission criteria in s. 397.675(1); 227 (b) The 5-day72-hourperiod has elapsed; or 228 (c) The individual has consented to remain voluntarily at 229 the licensed service provider. 230 (2) An individual mayonlybe retained in protective 231 custody beyond the 5-day72-hourperiod only ifwhena petition 232 for involuntary assessment or treatment has been initiated. The 233 timely filing of the petition authorizes the service provider to 234 retain physical custody of the individual pending further order 235 of the court. 236 Section 5. Section 397.6797, Florida Statutes, is amended 237 to read: 238 397.6797 Dispositional alternatives after emergency 239 admission.—Within 5 days72 hoursafter an emergency admission 240 to a hospital,ora licensed detoxification or addictions 241 receiving facility, orthe individual must be assessed by the242attending physician to determine the need for further services.243Within 5 days after an emergency admission toa nonresidential 244 component of a licensed service provider, the individual must be 245 assessed by a qualified professional to determine the need for 246 further services. Based upon that assessment, a qualified 247 professional of the hospital, detoxification facility, or 248 addictions receiving facility, or a qualified professional if a 249 less restrictive component was used, musteither: 250 (1) Release the individual and, ifwhereappropriate, refer 251 the individual to other needed services; or 252 (2) Retain the individual ifwhen: 253 (a) The individual has consented to remain voluntarily at 254 the licensed provider; or 255 (b) A petition for involuntary assessment or treatment has 256 been initiated, the timely filing of which authorizes the 257 service provider to retain physical custody of the individual 258 pending further order of the court. 259 Section 6. Subsection (1) of section 397.6798, Florida 260 Statutes, is amended to read: 261 397.6798 Alternative involuntary assessment procedure for 262 minors.— 263 (1) In addition to protective custody, emergency admission, 264 and involuntary assessment and stabilization, an addictions 265 receiving facility may admit a minor for involuntary assessment 266 and stabilization upon the filing of an application to an 267 addictions receiving facility by the minor’s parent, guardian, 268 or legal custodian. The application must establish the need for 269 involuntary assessment and stabilization based on the criteria 270 for involuntary admission in s. 397.675. Within 5 days72 hours271 after involuntary admission of a minor, the minor must be 272 assessed to determine the need for further services. Assessments 273 must be performed by a qualified professional. If, after the 5 274 day72-hourperiod, it is determined by the attending physician 275 that further services are necessary, the minor may be kept for a 276 period of up to 5 days, inclusive of the 5-day72-hourperiod. 277 Section 7. Subsections (1) and (2) of section 397.754, 278 Florida Statutes, are amended to read: 279 397.754 Duties and responsibilities of the Department of 280 Corrections.—The Department of Corrections shall: 281 (1) To the fullest extent possible, provide inmates upon 282 arrival at a departmentof Correctionsreception center for 283 initial processing with an assessment of substance abuse service 284 needs, including drug testing and mental, physical, and 285 emotional assessment by qualified professionals. 286 (2) Provide inmates who are admitted to inmate substance 287 abuse services with an individualized treatment plan thatwhich288 is developed on the basis of assessed need for services and that 289whichincludes measurable goals and specifies the types of 290 services needed to meet those goals. In areas where both faith 291 based and nonfaith-based drug programs are available, and to the 292 fullest extent practicable, each inmate must be given the choice 293 of a faith-based or nonfaith-based program for rehabilitation 294 and drug treatment. 295 Section 8. This act shall take effect July 1, 2013.