Florida HB 199: Veterans Affairs

Bill Text

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An act relating to veterans affairs; amending s. 2
394.47891, F.S.; revising the admissions process for 3
veterans treatment court programs; authorizing the 4
court, in consultation with the multidisciplinary 5
team, to determine eligibility for veterans treatment 6
court programs; requiring the court to consider the 7
recommendation of the state attorney when making an 8
eligibility determination; amending s. 948.01, F.S.; 9
authorizing sentencing courts to divert defendants to 10
veterans treatment court programs under certain 11
circumstances; requiring certain notice be provided to 12
defendants; providing for disposition of probation or 13
community control violations by program participants; 14
providing an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Subsections (4) and (8) of section 394.47891, 19
Florida Statutes, are amended to read: 20
394.47891 Veterans treatment court programs.— 21
(4) ADMISSION.—A defendant who meets the eligibility 22
requirements provided in under subsection (8) may be admitted to 23
a veterans treatment court program at any stage of a criminal 24
proceeding. A defendant seeking to participate in a veterans 25

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treatment court program must submit an application to the state 26
attorney. The state attorney must review each application and 27
determine whether the defendant meets the eligibility 28
requirements in subsection (8). 29
(8) ELIGIBILITY.— 30
(a) A defendant may participate in a veterans treatment 31
court program if he or she is approved by the state attorney, in 32
consultation with the court, in consultation with the 33
multidisciplinary team, and meets the following criteria: 34
1. The defendant has a service-related mental health 35
condition, service-related traumatic brain injury, service-36
related substance use disorder, or service-related psychological 37
problem or has experienced military sexual trauma. 38
2. The defendant's participation in the veterans treatment 39
court program is in the interest of justice and of benefit to 40
the defendant and the community. 41
(b) In making the determination under subparagraph (a)2., 42
the state attorney, in consultation with the court, in 43
consultation with the multidisciplinary team, must consider: 44
1. The nature and circumstances of the offense charged. 45
2. The special characteristics or circumstances of the 46
defendant and any victim or alleged victim, including any 47
recommendation of the victim or alleged victim. 48
3. The defendant's criminal history and whether the 49
defendant previously participated in a veterans treatment court 50

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program or similar program. 51
4. Whether the defendant's needs exceed the treatment 52
resources available to the veterans treatment court program. 53
5. The impact on the community of the defendant's 54
participation and treatment in the veterans treatment court 55
program. 56
6. Recommendations of any law enforcement agency involved 57
in investigating or arresting the defendant, and any 58
recommendation of the state attorney. 59
7. If the defendant owes restitution, the likelihood of 60
payment during the defendant's participation in the veterans 61
treatment court program. 62
8. Any mitigating circumstances. 63
9. Any other circumstances reasonably related to the 64
defendant's case. 65
Section 2. Subsection (9) is added to section 948.01, 66
Florida Statutes, to read: 67
948.01 When court may place defendant on probation or into 68
community control.— 69
(9)(a) Notwithstanding s. 921.0024 and effective for 70
offenses committed on or after July 1, 2026, the sentencing 71
court may place the defendant into a postadjudicatory veterans 72
treatment court program if the offense is a nonviolent felony, 73
the defendant is a servicemember or veteran as defined in s. 74
394.47891(2), and the defendant is otherwise qualified to 75

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participate in a veterans treatment court program under s. 76
394.47891(8). Satisfactory completion of the program must be a 77
condition of the defendant's probation or community control. As 78
used in this subsection, the term "nonviolent felony" means a 79
third degree felony violation under chapter 810 or any other 80
felon