THE BILL ITSELF
CS/SB 50
Veterans Affairs
Florida Senate - 2026 CS for SB 50 By the Committee on Criminal Justice; and Senator Gaetz 591-01879A-26 202650c1
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A bill to be entitled
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An act relating to veterans affairs; amending s.
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394.47891, F.S.; revising the admissions process for
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veterans treatment court programs; authorizing the
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multidisciplinary team to determine eligibility for
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veterans treatment court programs; amending s. 948.01,
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F.S.; authorizing sentencing courts to divert
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defendants to veterans treatment court programs under
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certain circumstances; requiring that a defendant’s
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satisfactory completion of the program be a condition
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of the defendant’s probation or community control;
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defining the term “nonviolent felony”; requiring that
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certain notice be provided to defendants; providing
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for disposition of probation or community control
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violations by program participants; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (4) and (8) of section 394.47891,
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Florida Statutes, are amended to read:
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394.47891 Veterans treatment court programs.—
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(4) ADMISSION.—A defendant who meets the eligibility
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requirements provided in under subsection (8) may be admitted to
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a veterans treatment court program at any stage of a criminal
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proceeding. Entry into a veterans treatment court program must
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be based upon the sentencing court’s assessment of the
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defendant’s criminal history, substance abuse screening outcome,
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amenability to the services of the program, total sentence
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points, the recommendation of the state attorney and the victim,
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if any, and the defendant’s agreement to enter the program. A
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defendant seeking to participate in a veterans treatment court
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program must submit an application to the state attorney. The
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state attorney must review each application and determine
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whether the defendant meets the eligibility requirements in
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subsection (8).
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(8) ELIGIBILITY.—
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(a) A defendant may participate in a veterans treatment
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court program if he or she is approved by the multidisciplinary
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team state attorney, in consultation with the court , and meets
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the following criteria:
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1. The defendant has a service-related mental health
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condition, service-related traumatic brain injury, service
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related substance use disorder, or service-related psychological
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problem or has experienced military sexual trauma.
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2. The defendant’s participation in the veterans treatment
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court program is in the interest of justice and of benefit to
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the defendant and the community.
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(b) In making the determination under subparagraph (a)2.,
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the multidisciplinary team the state attorney, in consultation
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with the court, must consider:
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1. The nature and circumstances of the offense charged.
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2. The special characteristics or circumstances of the
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defendant and any victim or alleged victim, including any
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recommendation of the victim or alleged victim.
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3. The defendant’s criminal history and whether the
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defendant previously participated in a veterans treatment court
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program or similar program.
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4. Whether the defendant’s needs exceed the treatment
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resources available to the veterans treatment court program.
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5. The impact on the community of the defendant’s
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participation and treatment in the veterans treatment court
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program.
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6. Recommendations of any law enforcement agency involved
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in investigating or arresting the defendant.
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7. If the defendant owes restitution, the likelihood of
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payment during the defendant’s participation in the veterans
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treatment court program.
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8. Any mitigating circumstances.
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9. Any other circumstances reasonably related to the
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defendant’s case.
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Section 2. Subsection (9) is added to section 948.01,
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Florida Statutes, to read:
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948.01 When court may place defendant on probation or into
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community control.—
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(9)(a) Notwithstanding s. 921.0024 and effective for
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offenses committed on or after July 1, 2026, the sentencing
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court may place the defendant into a postadjudicatory veterans
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treatment court program if the offense is a nonviolent felony,
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the defendant is a servicemember or veteran as those terms are
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defined in s. 394.47891(2), and the defendant is otherwise
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qualified to participate in a veterans treatment court program
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under s. 394.47891(8). Satisfactory completion of the program
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must be a condition of the defendant’s probation or community
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control. As used in this subsection, the term “nonviolent
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felony” means a third degree felony violation under chapter 810
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or any other felony offense that is not a forcible felony as
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defined in s. 776.08.
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(b) The defendant must be fully advised of the purpose of
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the veterans treatment court program, and the defendant must
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agree to enter the program. The original sentencing court shall
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relinquish jurisdiction of the defendant’s case to the
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postadjudicatory veterans treatment court program until the
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defendant is no longer active in the program, the case is
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returned to the sentencing court due to the defendant’s
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termination from the program for failure to comply with the
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terms of the program, or the defendant’s sentence is completed.
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(c) A defendant sentenced to a postadjudicatory veterans
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treatment court program who, while a veterans treatment court
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program participant, is the subject of a violation of probation
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or community control under s. 948.06 shall have the violation of
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probation or community control heard by the judge presiding over
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the postadjudicatory veterans treatment court program. The judge
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shall dispose of any such violation, after a hearing on or
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admission of the violation, as he or she deems appropriate if
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the resulting sentence or conditions are lawful.
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Section 3. This act shall take effect July 1, 2026.