The Jennifer Act Overview Video – On YouTube

Posted By admin ~ 4th January 2012

By Sharon Blair
A bill to be entitled: THE JENNIFER ACT (FLORIDA) Senate Bill 1744

An act relating to substance abuse treatment services; providing a short title; amending s. 28.241, F.S.; reducing the filing fee for involuntary admissions proceedings for substance abuse treatment; providing for the distribution of proceeds from the fee; amending ss. 397.6772, 397.6773, 397.6797, and 397.6798, F.S.; increasing the period allowed for assessment of a person following involuntary custody or admission to a hospital or other facility; conforming provisions; amending s. 397.754, F.S.; specifying requirements for initial processing of inmates by the Department of Corrections for substance abuse needs; providing that, to the fullest extent possible, inmates be given the choice between faith-based and non-faith-based substance abuse programs; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:
Section 1.This act may be cited as “The Jennifer Act.”
Section 2.Paragraph (a) of subsection (1) of section 28.241, Florida Statutes, is amended to read:
28.241Filing fees for trial and appellate proceedings.—

(1)(a)1.a.Except as provided in sub-subparagraphs sub-subparagraph b. and d. and subparagraph 2., the party instituting a any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a filing fee of up to $395 in all cases in which there are up to not more than five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $280 in filing fees, $80 shall must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $195 shall must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services. One third of the any filing fees collected by the clerk of the circuit court in excess of $100 shall be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission.

b.The party instituting any civil action, suit, or proceeding in the circuit court under chapter 39, chapter 61, chapter 741, chapter 742, chapter 747, chapter 752, or chapter 753 shall pay to the clerk of that court a filing fee of up to $295 in all cases in which there are up to not more than five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $180 in filing fees, $80 shall must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $95 shall must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services.

c.An additional filing fee of $4 shall be paid to the clerk, of which. the clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 50 cents to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission to fund clerk education. An additional filing fee of up to $18 shall be paid by the party seeking each severance that is granted. The clerk may impose an additional filing fee of up to $85 for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. No Additional fees, charges, or costs may not shall be added to the filing fees imposed under this section, except as authorized in this section or by general law.

d. The party instituting a civil action, suit, or proceeding in the circuit court under part V of chapter 397 shall pay to the clerk of that court a filing fee of up to $95 in all cases in which there are up to five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. The first $90 in filing fees shall be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services.

2.a.Notwithstanding the fees prescribed in subparagraph 1., a party instituting a civil action in circuit court relating to real property or mortgage foreclosure must shall pay a graduated filing fee based on the value of the claim.

a.b.The A party shall estimate in writing the amount of the claim in controversy of the claim upon filing the action. For purposes of this subparagraph, the value of a mortgage foreclosure action is based upon the principal due on the note secured by the mortgage, plus interest owed on the note and any moneys advanced by the lender for property taxes, insurance, and other advances secured by the mortgage, at the time of filing the foreclosure. The value shall also includes include the value of any tax certificates related to the property. In stating the value of a mortgage foreclosure claim, the a party shall declare in writing the total value of the claim, as well as the individual elements of the value as prescribed in this sub-subparagraph.

b.c.In its order providing for the final disposition of the matter, the court shall identify the actual value of the claim. The clerk shall adjust the filing fee if there is a difference between the estimated amount in controversy and the actual value of the claim and collect any additional filing fee owed or provide a refund of excess filing fee paid.

c.d.The party shall pay a filing fee of:

(I)Three hundred and ninety-five dollars in all cases in which the value of the claim is $50,000 or less and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $280 in filing fees, $80 shall must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $195 shall must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services;

(II)Nine hundred dollars in all cases in which the value of the claim is more than $50,000 but less than $250,000 and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $785 in filing fees, $80 shall must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $700 shall must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation described in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services; or

(III)One thousand nine hundred dollars in all cases in which the value of the claim is $250,000 or more and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $1,785 in filing fees, $80 shall must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $1,700 shall must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services.

d.e.An additional filing fee of $4 shall be paid to the clerk, of which. the clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 50 cents to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission to fund clerk education. An additional filing fee of up to $18 shall be paid by the party seeking each severance that is granted. The clerk may impose an additional filing fee of up to $85 for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. No Additional fees, charges, or costs may not shall be added to the filing fees imposed under this section, except as authorized in this section or by general law.

Section 3.Subsection (1) of section 397.6772, Florida Statutes, is amended to read:

397.6772Protective custody without consent.—

(1)If a person in circumstances that which justify protective custody as described in s. 397.677 fails or refuses to consent to assistance and a law enforcement officer has determined that a hospital or a licensed detoxification or addictions receiving facility is the most appropriate place for the person, the officer may, after giving due consideration to the expressed wishes of the person:

(a)Take the person to a hospital or to a licensed detoxification or addictions receiving facility against the person’s will but without using unreasonable force; or

(b)In the case of an adult, detain the person for his or her own protection in a any municipal or county jail or other appropriate detention facility.

Such detention is not to be considered an arrest for any purpose, and no entry or other record may be made to indicate that the person has been detained or charged with any crime. The officer in charge of the detention facility must notify the nearest appropriate licensed service provider within the first 8 hours after detention that the person has been detained. It is the duty of The detention facility must to arrange, as necessary, for transportation of the person to an appropriate licensed service provider with an available bed. Persons taken into protective custody must be assessed by the attending physician within the 5-day 72-hour period and without unnecessary delay, to determine the need for further services.

Section 4.Section 397.6773, Florida Statutes, is amended to read:

397.6773Dispositional alternatives after protective custody.—

(1)An individual who is in protective custody must be released by a qualified professional if when:

(a)The individual no longer meets the involuntary admission criteria in s. 397.675(1);

(b)The 5-day 72-hour period has elapsed; or

(c)The individual has consented to remain voluntarily at the licensed service provider.

(2)An individual may only be retained in protective custody beyond the 5-day 72-hour period only if when a petition for involuntary assessment or treatment has been initiated. The timely filing of the petition authorizes the service provider to retain physical custody of the individual pending further order of the court.

Section 5.Section 397.6797, Florida Statutes, is amended to read:

397.6797Dispositional alternatives after emergency admission.—Within 5 days 72 hours after an emergency admission to a hospital, or a licensed detoxification or addictions receiving facility, or the individual must be assessed by the attending physician to determine the need for further services. Within 5 days after an emergency admission to a nonresidential component of a licensed service provider, the individual must be assessed by a qualified professional to determine the need for further services. Based upon that assessment, a qualified professional of the hospital, detoxification facility, or addictions receiving facility, or a qualified professional if a less restrictive component was used, must either:

(1)Release the individual and, if where appropriate, refer the individual to other needed services; or

(2)Retain the individual if when:

(a)The individual has consented to remain voluntarily at the licensed provider; or

(b)A petition for involuntary assessment or treatment has been initiated, the timely filing of which authorizes the service provider to retain physical custody of the individual pending further order of the court.

Section 6.Subsection (1) of section 397.6798, Florida Statutes, is amended to read:

397.6798Alternative involuntary assessment procedure for minors.—

(1)In addition to protective custody, emergency admission, and involuntary assessment and stabilization, an addictions receiving facility may admit a minor for involuntary assessment and stabilization upon the filing of an application to an addictions receiving facility by the minor’s parent, guardian, or legal custodian. The application must establish the need for involuntary assessment and stabilization based on the criteria for involuntary admission in s. 397.675. Within 5 days 72 hours after involuntary admission of a minor, the minor must be assessed to determine the need for further services. Assessments must be performed by a qualified professional. If, after the 5-day 72-hour period, it is determined by the attending physician that further services are necessary, the minor may be kept for a period of up to 5 days, inclusive of the 5-day 72-hour period.

Section 7.Subsections (1) and (2) of section 397.754, Florida Statutes, are amended to read:

397.754Duties and responsibilities of the Department of Corrections.—The Department of Corrections shall:

(1)To the fullest extent possible, provide inmates upon arrival at a department of Corrections reception center for initial processing with an assessment of substance abuse service needs, including drug testing and mental, physical, and emotional assessment by qualified professionals.

(2)Provide inmates who are admitted to inmate substance abuse services with an individualized treatment plan that which is developed on the basis of assessed need for services and that which includes measurable goals and specifies the types of services needed to meet those goals. In areas where both faith- and non-faith-based programs are available and to the fullest extent practicable, each inmate must be given the choice of a faith-based drug program or a non-faith-based program for rehabilitation and drug treatment.

Section 8.This act shall take effect July 1, 2012.