HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 7023 PCB CRM 21-01 Veterans Treatment Court Programs
SPONSOR(S): Judiciary Committee, Criminal Justice & Public Safety Subcommittee, Byrd and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 764
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Criminal Justice & Public Safety 17 Y, 0 N Padgett Hall
Subcommittee
1) Judiciary Committee 21 Y, 0 N, As CS Padgett Kramer
SUMMARY ANALYSIS
In 2012, the Florida Legislature created veterans treatment courts (VTCs), which are problem-solving courts
addressing the root causes of criminal behavior. Modeled after drug court treatment programs, VTCs divert
veterans, servicemembers, and other eligible individuals into treatment programs for military-related conditions
or war-related trauma. VTCs seek input from local prosecutors, defense counsel, and other community
stakeholders. They also benefit from resources from the U.S. Department of Veterans Affairs to provide
treatment and other services to veterans and servicemembers.
Eligibility for a VTC program is limited to a defendant with a military-related mental illness, traumatic brain
injury, substance abuse disorder, or psychological problem, and who is a:
Veteran who was discharged or released under any condition;
Servicemember;
Current or former U.S. Department of Defense contractor; or
Current or former military member of a foreign allied country.
CS/HB 7023 amends s. 394.47891, F.S., to create uniform standards and procedures for VTCs. The bill allows
a court with criminal jurisdiction to create and administer a VTC, which may adjudicate both felony and
misdemeanor offenses.
To be eligible to participate in a VTC, a servicemember or veteran must:
Have a service-related mental health condition, traumatic brain injury, substance use disorder,
psychological problem, or have experienced military sexual trauma; and
Show that his or her participation is in the interest of justice and to his or her benefit and the benefit of
the community, as determined by the state attorney in consultation with the court.
If a defendant seeks to participate in a VTC, he or she must submit an application to the state attorney. The
state attorney, in consultation with the court, must review each application and determine if the applicant is
eligible based on an extensive list of factors, including the nature and circumstances of the criminal offense,
the defendant’s criminal history, the defendant’s previous participation in a VTC, whether the VTC can meet
the defendant’s needs, and recommendations from law enforcement. A defendant may enter the VTC at any
stage of a criminal proceeding.
The bill amends s. 948.21, F.S., to clarify that a Military Veterans and Servicemembers Court in operation as of
June 30, 2021, may continue in operation but must comply with the bill's terms. The bill does not affect the
rights or responsibilities of a person participating in such a court at the time the bill becomes effective.
The bill may have an indeterminate impact on state and local governments, to the extent that the provisions in
the bill increase court-related workload in counties with existing VTCs.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 3/29/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Veterans Treatment Courts
Veterans treatment courts (VTCs) are problem-solving courts addressing the root causes of criminal
behavior.1 Modeled after drug court treatment programs, VTCs divert eligible veterans and
servicemembers into treatment programs for military-related conditions or war-related trauma,
including:
Post-traumatic stress disorder;
Mental illness;
Traumatic brain injury; and
Substance abuse.
Current law authorizes the chief judge of each judicial circuit to establish a VTC program to serve the
special needs of veterans who were discharged or released under any condition, servicemembers,2
current or former U.S. Department of Defense contractors, and individuals who are current or former
military members of a foreign allied country who are charged with or convicted of a criminal offense and
suffering from a military-related:
Mental illness;
Traumatic brain injury;
Substance abuse disorder; or
Psychological problem.3
Diversion to a VTC program may occur either before trial or at sentencing. An eligible individual may
participate after being:
Charged with a misdemeanor4 or certain felony offenses, pursuant to a pretrial intervention
agreement;5 or
Convicted and sentenced, as a condition of probation or community control.6
VTCs consider whether an individual's military-related condition can be addressed through an
individualized treatment program.7 Like drug courts, VTCs implement the following key components8
when addressing an individual's needs:
Integrating alcohol, drug treatment, and mental health services into justice system case
processing;
Nonadversarial approach;
Early identification of eligible participants;
Continuum of services;
Alcohol and drug testing;
Coordinating strategies for responses to participant compliance;
Ongoing judicial interaction;
1 Florida State Courts, Problem-Solving Courts, http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-
courts/ (last visited Mar. 29, 2021).
2 S. 250.01(19), F.S., defines a servicemember as a person serving as a member of the United States Armed Forces on active duty or
state active duty and members of the Florida National Guard and United States Reserve Forces.
3 S. 394.47891, F.S.
4 S. 948.16(2), F.S., establishes the misdemeanor pretrial veterans' treatment intervention program.
5 S. 948.08(7), F.S., authorizes a court to consider veterans charged with a non-disqualifying felony for a pretrial veterans treatment
intervention program. Disqualifying felonies are listed in s. 948.06(8)(c), F.S., and include serious crimes such as murder, kidnapping,
robbery, carjacking, sexual battery, lewd and lascivious battery, aggravated battery, aggravated stalking, aggravated assault, etc.
6 S. 948.21, F.S.
7 Id.
8 S. 397.334(4), F.S.
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Monitoring and evaluating program effectiveness;
Interdisciplinary education; and
Partnerships with stakeholders.9
VTCs are uniquely able to leverage resources available from the U.S. Department of Veterans Affairs to
provide treatment and other services to veterans and servicemembers.10 VTCs involve not only
cooperation among traditional partners found in drug courts, such as the judge, state attorney, public
defender, case manager, treatment provider, probation, and law enforcement, but also cooperation
with:
The Veterans Health Administration;
The Veterans Benefit Administration;
The State Department of Veterans Affairs;
Vet Centers;
Veterans Service Organizations;
The Department of Labor;
Volunteer veteran mentors; and
Other veterans support groups.11
As of September 2020, Florida had 31 VTCs in operation.12
Pretrial Intervention Participation
After a criminal arrest, rather than being prosecuted, an eligible veteran may be diverted to a pretrial
intervention program. Before placing a veteran in a pretrial intervention program, a veterans treatment
intervention team must develop an individualized, coordinated strategy for the veteran. The team must
present the coordinated strategy to the veteran in writing before he or she agrees to enter the program.
The strategy is modeled after the ten therapeutic jurisprudence principles and key components for
treatment-based drug court programs.13
If a defendant agrees to participate in the pretrial intervention program, the court retains jurisdiction for
the program term. At the end of the program, the court considers recommendations by the state
attorney and the program administrator. If the veteran successfully completes the treatment program,
the court must dismiss the criminal charges and the veteran may petition the court to expunge the
arrest record and the plea.14 If the veteran does not successfully complete the program, the court can
order the veteran to continue education and treatment or authorize the state attorney to proceed with
prosecution.15
Postadjudicatory Participation
Veterans and servicemembers may also qualify for treatment and services as part of a criminal
sentence. For crimes committed on or after October 1, 2019, a court may order an eligible participant
9 See Florida State Courts, Veterans Courts, https://www.flcourts.org/Resources-Services/Court-Improvement/Problem-Solving-
Courts/Veterans-Courts (last visited Mar. 29, 2021); Justice for Vets, The Ten Key Components of Veterans Treatment Courts,
https://justiceforvets.org/wp-content/uploads/2017/02/The-Ten-Key-Components-of-Veterans-Treatment-Courts.pdf (last visited Mar.
29, 2021).
10 Id.
11 Florida State Courts, Veterans Courts, https://www.flcourts.org/Resources-Services/Court-Improvement/Problem-Solving-
Courts/Veterans-Courts (last visited Mar. 29, 2021).
12 Id.
13 See s. 948.08(7)(b), F.S. (requiring a coordinated strategy for veterans charged with felonies); s. 948.16(2)(b), F.S. (requiring a
coordinated strategy for veterans charged with misdemeanors); s. 397.334(4), F.S. (requiring treatment based court programs to
include therapeutic jurisprudence principles and components recognized by the United States Department of Justice and adopted by
the Florida Supreme Court Treatment-based Drug Court Steering Committee).
14 Ss. 948.16(2)(b) and 948.08(7)(b), F.S.
15 S. 948.08(7)(b)–(c), F.S.
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suffering from a military-related mental illness, traumatic brain injury, substance abuse disorder, or
psychological problem to complete a treatment program as a condition of probation or community
control.16
Effect of Proposed Changes
CS/HB 7023 amends s. 394.47891, F.S., to create a statewide standard for operating VTCs. The bill
allows a court with criminal jurisdiction to create and administer a VTC, which may adjudicate both
felony and misdemeanor offenses. A defendant may enter the VTC at any stage of a criminal
proceeding.
To be eligible for entry into a VTC, a defendant must be charged with a criminal offense and must be a:
Veteran, defined as a person who has served in the armed forces; or
A servicemember, defined as a:
o Member of the active or reserve components of the U.S. Army, Navy, Air Force, Marine
Corps, Space Force, or Coast Guard;
o Member of the Florida National Guard;
o Current or former contractor for the U.S. Department of Defense; or
o Current or former military member of a foreign allied country.
Moreover, the defendant must:
Have a service-related mental health condition, traumatic brain injury, substance use disorder,
psychological problem, or have experienced military sexual trauma; and
Show that his or her participation is in the interest of justice and to his or her benefit and the
benefit of the community, as determined by the state attorney in consultation with the court.
The bill defines “military sexual trauma” as psychological trauma that results from a physical assault of
a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the
servicemember or veteran was serving on active duty, active duty for training, or inactive duty training.
If a defendant seeks to participate in a VTC, he or she must submit an application to the state attorney.
The state attorney must review each application and, in consultation with the court, determine if the
applicant is eligible, based on the following factors:
The nature and circumstances of the offense charged;
The defendant's and victim's or alleged victim’s special characteristics and circumstances;
The defendant's criminal history;
Whether the defendant previously participated in a VTC;
Whether the VTC is able to provide for the defendant's needs;
Whether the community will benefit from the defendant's participation;
Any recommendations from the victim or law enforcement agency arresting or investigating the
defendant;
The defendant's ability to pay restitution;
Mitigating circumstances; and
Other circumstances related to the defendant's case.
The chief judge and state attorney of the circuit have exclusive authority to determine whether to admit
veterans who have been dishonorably discharged. Additionally, the chief judge may issue
administrative orders concerning the VTC.
A VTC must:
Create a record of its policies and procedures;
Seek input from the state attorney and other interested persons;
Consult nationally-recognized best practices for VTCs; and
Implement:
16 S. 948.21, F.S.
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o The integration and provision of substance abuse and mental health treatment;
o A nonadversarial approach;
o Early identification of eligible defendants;
o Monitoring for abstinence of alcohol and drug use;
o Ongoing judicial interaction;
o Monitoring and evaluation of each defendant's achievement of program goals; and
o Partnerships among VTCs, federal and state veterans agencies, and community-based
organizations.
A VTC's written policies and procedures may include provisions for:
Referring a defendant to a health care provider or to assistance for housing, employment,
nutrition, mentoring, education, or driver license reinstatement; and
Otherwise encouraging participation in a VTC.
The bill amends s. 948.21, F.S., to clarify that a court may impose participation in a VTC for a
probationer or community controllee who commits a crime on or after July 1, 2021, and who is qualified
to participate in a VTC.
The bill ensures that a Military Veterans and Servicemembers Court in operation as of June 30, 2021,
may continue operating, but must comply with the requirements of the bill. The bill does not affect the
rights or responsibilities of a person participating in such a court at the time the bill becomes effective.
The bill must be liberally construed but does not create a right to participate in a VTC.
The bill provides an effective date of July 1, 2021.
B. SECTION DIRECTORY:
Section 1: Amends s. 394.47891, F.S., relating to military veterans and servicemembers court
programs.
Section 2: Amends s. 43.51, F.S., relating to problem-solving court reports.
Section 3: Amends s. 910.035, F.S., relating to transfer from county for plea, sentence, or participation
in a problem-solving court.
Section 4: Amends s. 948.06, F.S., relating to violation of probation or community control; revocation;
modification; continuance; failure to pay restitution or cost of supervision.
Section 5: Amends s. 948.08, F.S., relating to pretrial intervention program.
Section 6: Amends s. 948.16, F.S., relating to misdemeanor pretrial substance abuse education and
treatment intervention program; misdemeanor pretrial veterans' treatment intervention
program; misdemeanor pretrial mental health court program.
Section 7: Amends s. 948.21, F.S., relating to condition of probation or community control; military
servicemembers and veterans.
Section 8: Creates an unnumbered section to provide for applicability to Military Veterans and
Servicemembers Court Programs in operation as of June 30, 2021.
Section 9: Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
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