THE BILL ITSELF
CS/CS/HB 199
Veterans Affairs
2
An act relating to veterans affairs; amending s.
3
394.47891, F.S.; revising the admissions process for
4
veterans treatment court programs; authorizing the
5
court, in consultation with the multidisciplinary
6
team, to determine eligibility for veterans treatment
7
court programs; requiring the court to consider the
8
recommendation of the state attorney when making an
9
eligibility determination; amending s. 948.01, F.S.;
10
authorizing sentencing courts to divert defendants to
11
veterans treatment court programs under certain
12
circumstances; requiring certain notice be provided to
13
defendants; providing for disposition of probation or
14
community control violations by program participants;
15
providing an effective date.
17
Be It Enacted by the Legislature of the State of Florida:
19
Section 1. Subsections (4) and (8) of section 394.47891,
20
Florida Statutes, are amended to read:
21
394.47891 Veterans treatment court programs.—
22
(4) ADMISSION.—A defendant who meets the eligibility
23
requirements provided in under subsection (8) may be admitted to
24
a veterans treatment court program at any stage of a criminal
25
proceeding. A defendant seeking to participate in a veterans
26
treatment court program must submit an application to the state
27
attorney. The state attorney must review each application and
28
determine whether the defendant meets the eligibility
29
requirements in subsection (8).
30
(8) ELIGIBILITY.—
31
(a) A defendant may participate in a veterans treatment
32
court program if he or she is approved by the state attorney, in
33
consultation with the court, in consultation with the
34
multidisciplinary team, and meets the following criteria:
35
1. The defendant has a service-related mental health
36
condition, service-related traumatic brain injury, service-
37
related substance use disorder, or service-related psychological
38
problem or has experienced military sexual trauma.
39
2. The defendant's participation in the veterans treatment
40
court program is in the interest of justice and of benefit to
41
the defendant and the community.
42
(b) In making the determination under subparagraph (a)2.,
43
the state attorney, in consultation with the court, in
44
consultation with the multidisciplinary team, must consider:
45
1. The nature and circumstances of the offense charged.
46
2. The special characteristics or circumstances of the
47
defendant and any victim or alleged victim, including any
48
recommendation of the victim or alleged victim.
49
3. The defendant's criminal history and whether the
50
defendant previously participated in a veterans treatment court
51
program or similar program.
52
4. Whether the defendant's needs exceed the treatment
53
resources available to the veterans treatment court program.
54
5. The impact on the community of the defendant's
55
participation and treatment in the veterans treatment court
56
program.
57
6. Recommendations of any law enforcement agency involved
58
in investigating or arresting the defendant, and any
59
recommendation of the state attorney.
60
7. If the defendant owes restitution, the likelihood of
61
payment during the defendant's participation in the veterans
62
treatment court program.
63
8. Any mitigating circumstances.
64
9. Any other circumstances reasonably related to the
65
defendant's case.
66
Section 2. Subsection (9) is added to section 948.01,
67
Florida Statutes, to read:
68
948.01 When court may place defendant on probation or into
69
community control.—
70
(9)(a) Notwithstanding s. 921.0024 and effective for
71
offenses committed on or after July 1, 2026, the sentencing
72
court may place the defendant into a postadjudicatory veterans
73
treatment court program if the offense is a nonviolent felony,
74
the defendant is a servicemember or veteran as defined in s.
75
394.47891(2), and the defendant is otherwise qualified to
76
participate in a veterans treatment court program under s.
77
394.47891(8). Satisfactory completion of the program must be a
78
condition of the defendant's probation or community control. As
79
used in this subsection, the term "nonviolent felony" means a
80
third degree felony violation under chapter 810 or any other
81
felony offense that is not a forcible felony as defined in s.
82
776.08.
83
(b) The defendant must be fully advised of the purpose of
84
the veterans treatment court program, and the defendant must
85
agree to enter the program. The original sentencing court shall
86
relinquish jurisdiction of the defendant's case to the
87
postadjudicatory veterans treatment court program until the
88
defendant is no longer active in the program, the case is
89
returned to the sentencing court due to the defendant's
90
termination from the program for failure to comply with the
91
terms of the program, or the defendant's sentence is completed.
92
(c) A defendant sentenced to a postadjudicatory veterans
93
treatment court program and who, while a veterans treatment
94
court program participant, is the subject of a violation of
95
probation or community control under s. 948.06 shall have the
96
violation of probation or community control heard by the judge
97
presiding over the postadjudicatory veterans treatment court
98
program. The judge shall dispose of any such violation, after a
99
hearing on or admission of the violation, as he or she deems
100
appropriate if the resulting sentence or conditions are lawful.
101
Section 3. This act shall take effect July 1, 2026.