Bill Text: FL S1744 | 2012 | Regular Session | Introduced
Bill Title: Substance Abuse Treatment Services
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Criminal Justice [S1744 Detail]
Download: Florida-2012-S1744-Introduced.html
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-subparagraphssub26subparagraphb. and d. and subparagraph 2., the party 27 instituting aanycivil 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 tonot more30thanfive 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 shallmustbe remitted by the clerk to the 33 Department of Revenue for deposit into the General Revenue Fund, 34 $195 shallmustbe remitted to the Department of Revenue for 35 deposit into the State Courts Revenue Trust Fund, $3.50 shall 36mustbe 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 theanyfiling 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 tonot more thanfive 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 shallmustbe remitted by the clerk to the Department of 56 Revenue for deposit into the General Revenue Fund, $95 shall 57mustbe remitted to the Department of Revenue for deposit into 58 the State Courts Revenue Trust Fund, $3.50 shallmustbe 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 70shall remit50 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 clerkof the circuit courtin 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.NoAdditional fees, 80 charges, or costs may notshallbe 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 mustshallpay a 101 graduated filing fee based on the value of the claim. 102 a.b.TheAparty shall estimate in writing the amount of 103 the claim in controversyof the claimupon 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 valueshallalso includesincludethe value 110 of any tax certificates related to the property. In stating the 111 value of a mortgage foreclosure claim, theaparty 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 andin which124 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 shallmust127 be remitted by the clerk to the Department of Revenue for 128 deposit into the General Revenue Fund, $195 shallmustbe 129 remitted to the Department of Revenue for deposit into the State 130 Courts Revenue Trust Fund, $3.50 shallmustbe 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 andin141whichthere 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 144mustbe remitted by the clerk to the Department of Revenue for 145 deposit into the General Revenue Fund, $700 shallmustbe 146 remitted to the Department of Revenue for deposit into the State 147 Courts Revenue Trust Fund, $3.50 shallmustbe 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 andin which158 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 161mustbe remitted by the clerk to the Department of Revenue for 162 deposit into the General Revenue Fund, $1,700 shallmustbe 163 remitted to the Department of Revenue for deposit into the State 164 Courts Revenue Trust Fund, $3.50 shallmustbe 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 175shall remit50 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 clerkof the circuit courtin 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.NoAdditional fees, 185 charges, or costs may notshallbe 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 thatwhichjustify 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 aanymunicipal 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 is211the duty ofThe detention facility musttoarrange, 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-day72-hourperiod 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 ifwhen: 223 (a) The individual no longer meets the involuntary 224 admission criteria in s. 397.675(1); 225 (b) The 5-day72-hourperiod has elapsed; or 226 (c) The individual has consented to remain voluntarily at 227 the licensed service provider. 228 (2) An individual mayonlybe retained in protective 229 custody beyond the 5-day72-hourperiod only ifwhena 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 days72 hoursafter an emergency admission 238 to a hospital,ora licensed detoxification or addictions 239 receiving facility, orthe individual must be assessed by the240attending physician to determine the need for further services.241Within 5 days after an emergency admission toa 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, musteither: 248 (1) Release the individual and, ifwhereappropriate, refer 249 the individual to other needed services; or 250 (2) Retain the individual ifwhen: 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 days72 hours269 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 day72-hourperiod, 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-day72-hourperiod. 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 departmentof Correctionsreception 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 thatwhich286 is developed on the basis of assessed need for services and that 287whichincludes 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.