SB 168 — Mental Health

The proposed strategies that the county intends to use Pageto 8continue ofthe 22implemented CODING:or expanded programs and initiatives that have resulted from the grant funding.

(2)(a) As used in this subsection, the term “available Page 8 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 toresources” continueincludes thein-kind implementedcontributions or expanded programs and initiatives that have resulted from theparticipating grantcounties. funding.

(2)(a) As used in this subsection, the term “available resources” includes in-kind contributions from participating counties.

Present subsection (4) of section 916.105, Florida Statutes, is redesignated as subsection (5), and a new Pagesubsection 9(4) ofand 22subsection CODING:(6) are added to that section, to read:

916.105 Legislative intent.— Page 9 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 subsection (4) andIt subsectionis (6)the areintent addedof tothe Legislature that section,a defendant who is charged with certain felonies, any misdemeanor, or any ordinance violation and who has a mental illness, intellectual disability, or autism be evaluated and provided services in a community setting, whenever this is a feasible alternative to read:incarceration.

916.105 Legislative intent.— (4) It is the intent of the Legislature that a defendant who is charged with certain felonies, any misdemeanor, or any ordinance violation and who has a mental illness, intellectual disability, or autism be evaluated and provided services in a community setting, whenever this is a feasible alternative to incarceration.

464.0123, or a mental health counselor, a Pagemarriage 10and offamily 22therapist, CODING:or a clinical social worker, as those terms are defined in s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 168 576-03230-25 2025168c2 marriage and family therapist, or a clinical social worker, as those terms are defined in s.

394.455.Page 10 of 22 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 168 591-02121A-25 2025168c1 394.455.

(3) Within 24 hours after a defendant is booked into a jail, the jail’s corrections or medical staff may screen the defendant using a standardized, validated mental health screening instrument to determine if there is an indication of a Page 11 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 jail, the jail’s corrections or medical staff may screen the defendant using a standardized, validated mental health screening instrument to determine if there is an indication of a mental illness.

If the criteria are met, the receiving facility may forward the court a discharge plan when the defendant no longer meets criteria for inpatient treatment, or an outpatient treatment plan, as Page 12 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 criteria are met, the receiving facility may forward the court a discharge plan when the defendant no longer meets criteria for inpatient treatment, or an outpatient treatment plan, as appropriate, as soon as such a plan is developed.

By releasing the defendant on his or her own recognizance on the conditions that the assessment be completed at the local mental health treatment center within 48 hours after his or her release and that all treatment recommendations Pagebe 13followed. of 22 CODING:

If the assessment under this paragraph results in an outpatient Page 13 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 treatment plan, and the defendant has not already been released, the defendant may be released on his or her own recognizance on the condition that all treatment recommendations must be followed.

If the assessment under this paragraph results in an outpatient treatment plan, and the defendant has not already been released, the defendant may be released on his or her own recognizance on the condition that all treatment recommendations must be followed.

(5) Upon the defendant’s successful completion of all of Pagethe 14treatment recommendations from any mental health evaluation or assessment completed pursuant to this section, the state attorney must consider dismissal of 22the CODING:charges.

If dismissal is Page 14 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 deemed inappropriate by the treatmentstate recommendationsattorney, fromthe anystate mentalattorney healthmay evaluationconsider orreferral assessmentof completedthe pursuantdefendant’s case to thismental section,health thecourt stateor attorneyanother mustavailable considermental dismissalhealth ofdiversion theprogram. charges.

If dismissal is deemed inappropriate by the state attorney, the state attorney may consider referral of the defendant’s case to mental health court or another available mental health diversion program.

(d) “Qualified mental health professional” means a Pagephysician, 15a ofphysician 22assistant, CODING:a clinical psychologist, a psychiatric nurse, an advanced practice registered nurse registered under s.

464.0123, or a mental health counselor, a Page 15 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 physician,marriage aand physicianfamily assistant,therapist, or a clinical psychologist,social aworker, psychiatricas nurse,those anterms advancedare practicedefined registeredin nurse registered under s.

464.0123, or a mental health counselor, a marriage and family therapist, or a clinical social worker, as those terms are defined in s.

(a) Has a mental illness;

(b) Has no more than three prior felony convictions in the past 5 years;

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 (a)(c) HasIs not charged with a mentalviolent illness;felony;

(b) Has no more than three prior felony convictions in the past 5 years;

(c) Is not charged with a violent felony;

(6) Upon the defendant agreeing to participate in pretrial felony mental health diversion under this section, the defendant must be assessed for outpatient treatment by a local mental Pagehealth 17treatment ofcenter. 22 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 168 576-03230-25 2025168c2 health treatment center.

(b)Page At17 theof local22 mentalCODING: health treatment center after the sheriff or jail authorities transport the defendant to and from the treatment center;

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 168 591-02121A-25 2025168c1 (b) At the local mental health treatment center after the sheriff or jail authorities transport the defendant to and from the treatment center;

916.185 Forensic Hospital Diversion Pilot Program.— (3) CREATION.—There is authorized a Forensic Hospital Diversion Pilot Program to provide competency-restoration and community-reintegration services in either a locked residential treatment facility when appropriate or a community-based Page 18 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 Diversion Pilot Program to provide competency-restoration and community-reintegration services in either a locked residential treatment facility when appropriate or a community-based facility based on considerations of public safety, the needs of the individual, and available resources.

948.0395 Probation conditions for defendants with mental illness.—A defendant who was adjudicated incompetent to proceed due to a mental illness under chapter 916 and later regained competency, and who is sentenced to a term of probation, must have as a condition of such probation a mental health evaluation Page 19 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 due to a mental illness under chapter 916 and later regained competency, and who is sentenced to a term of probation, must have as a condition of such probation a mental health evaluation and must follow all recommendations of the evaluation.

1004.649 Northwest Regional Data Center.— (4) The NorthwestFlorida RegionalBehavioral Health Care Data CenterRepository is thecreated leadwithin entitythe responsibleNorthwest forRegional creating,Data operating,Center andas managing, including the researchadministrative conductedmanager by,of the Floridastate Behavioraldata Healthcenter. Care Data Repository as established by this subsection.

(a) The purpose of the data repository is tocreated createfor athe centralizedpurpose systemof: for:

Developing useful data analytics, economic metrics, and Pagevisual 20representations of 22such CODING:analytics and metrics to inform relevant state agencies and the Legislature of data and trends in behavioral health.

(b) The Northwest Regional Data Center shall develop a plan to do all of the following:

Page 20 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 visual1. representations of such analytics and metrics to inform relevant state agencies and the Legislature of data and trends in behavioral health.

(b)Create Thea Northwestcentralized, Regionalintegrated, Data Center shall develop, in collaboration with the Data Analysis Committee of the Commission on Mental Health and Substancecoordinated Usedata Disordersystem. created under s.

394.9086 and with relevant stakeholders, a plan that includes all of the following:

1.

A project plan that describes the technology, methodology, timeline, cost, and resources necessary to create a centralized, integrated, and coordinated data system.

ADevelop, proposedin governancecollaboration structurewith tothe overseeData Analysis Committee of the implementationCommission on Mental Health and operationsSubstance ofUse theDisorder repository.created under s.

394.9086, a governance structure that will implement and operate the repository.

AnIncorporate integration strategy to incorporate existing data from relevant state agencies, including, but not limited to, the Agency for Health Care Administration, the Department of Children and Families, the Department of Juvenile Justice, the Office of the State Courts Administrator, and the Department of Corrections.

IdentificationIdentify of relevant data and metrics to support actionable information and ensure the efficient and responsible use of taxpayer dollars within behavioral health systems of care.

DataDevelop and detail data security requirements for the repository.

TheDevelop, structurein collaboration with the Commission on Mental Health and processSubstance thatUse willDisorder beand usedrelevant tostakeholders, createa structure for an annual analysis and report that gives state agencies and the Legislature a better general understanding of trends and issues in the state’s behavioral health systems of care generally and the trends and issues in behavioral health systems related to criminal Pagejustice 21treatment, ofdiversion, 22and CODING:incarceration.

(c) By December 1, 2025, the Northwest Regional Data Center, in collaboration with the Data Analysis Committee of the Commission on Mental Health and Substance Use Disorder, shall submit the developed plan for implementation and ongoing operation with a proposed budget to the Governor, the President Page 21 of 22 CODING:

Florida Senate - 2025 CS for CS for SB 168 576-03230-25591-02121A-25 2025168c22025168c1 justiceof treatment,the diversion,Senate, and incarceration.the Speaker of the House of Representatives for review.

(c)(d) ByBeginning December 1, 2025,2026, theand Northwestannually Regionalthereafter, Data Center, in collaboration with the DataFlorida AnalysisBehavioral Committee of the Commission on Mental Health andCare SubstanceData UseRepository Disorder, shall submit the developed plantrends for implementation and ongoingissues operationreport withunder asubparagraph proposed(b)6. budget to the Governor, the President of the Senate, and the Speaker of the House of Representatives for review.

(d) Beginning December 1, 2026, and annually thereafter, the Northwest Regional Data Center shall submit the developed trends and issues report under subparagraph (b)6.

For the 2025-2026 fiscal year, the nonrecurring sum of $229,840 and the recurring sum of $565,040 from the General Revenue Fund is appropriated to the Northwest Regional Data Center to implement the Florida Behavioral Health Care Data Repository as created by this act.

Section 11.