Florida Senate - 2021 SB By Senator Farmer 34-00776-21 20211854__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to defendants with a traumatic brain injury; creating s. 916.181, F.S.; defining the term 3 “traumatic brain injury”; requiring the Agency for Persons with Disabilities, along with the Department of Children and Families, to establish and implement within each judicial circuit a diversion program for defendants who are found to have a traumatic brain injury; specifying circumstances under which a defendant is incompetent to proceed due to a traumatic brain injury; providing for the required evaluation of such defendants by mental health experts; authorizing a court to commit such defendants to a traumatic brain injury diversion program or to appoint additional experts under certain circumstances; authorizing a court to require a hearing with testimony before committing a defendant to a traumatic brain injury diversion program; requiring that a defendant who is found incompetent to proceed due to traumatic brain injury be sent to a traumatic brain injury diversion program and receive mandated treatment; requiring a state attorney to dismiss the charges against a defendant who successfully completes the diversion program; requiring the department to assist such defendants with transitioning into a certain long-term care partnership program; providing an effective date. 26

Be It Enacted by the Legislature of the State of Florida: 28 Florida Senate - 2021 SB 1854 34-00776-21 20211854__ CODING: Words stricken are deletions; words underlined are additions.

Section 1.

chapter 409. 73

Section 2. This act shall take effect July 1, 2021. 74