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Bill boosting mental health resources for those on probation advances

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The House Human Services Subcommittee unanimously advanced mental health legislation that seeks to expand programs and establish policies to ensure mental health evaluations are part of probation conditions.

The bill (HB 1207) known as the “Tristan Murphy Act,” was presented by Eustis Republican Rep. Nan Cobb, who detailed the events that led Tristan Murphy, who suffered with mental illness, to take his own life.

“Tristan had been struggling with mental illness,” Cobb said. “He had been in and out of jail for numerous things. The crowning blow, I think, for Tristan, was the night that he drove his pickup truck into a lake in front of the Sheriff’s Office in Charlotte County, and he was charged with littering with over 500 pounds. He caught a three-year felony, and they took a paranoid schizophrenic, and they put him in isolation for 117 days.”

Cobb said that Tristan was put into a work crew once he was let out and had not carried on with his treatment.

“Once they got him out, they got him into competency restoration, which should have been within 15 days, and it was not,” Cobb said. “They finally got him competent. And when he came back, he was put on a work crew. Instead of having his treatment, they put him on a work crew, and they gave him a chainsaw. Tristan took his life with a chainsaw to try to decapitate himself.”

Cobb explained the bill would expand grants that support intervention programs and diversion initiatives to include training for 911 operators, EMS technicians and Veterans Treatment Court programs.

The bill would further expand the use of criminal justice, mental health and substance abuse reinvestment grant program funds, while exempting constrained counties from certain grant requirements.

The Department of Children and Families would be authorized to implement a forensic hospital diversion pilot program in Hillsborough County in conjunction with the 13th Judicial Circuit. The bill also provides model processes for both misdemeanor and nonviolent felony mental health diversion programs.

“It authorizes a court to make a mental health evaluation and any resulting recommendations, conditions of probation in certain circumstances, a state attorney has the sole discretion on who enters into the program and dismissal of charges upon completion,” Cobb explained.

“It establishes the Florida Behavioral Health Care Data Repository within the Northwest Regional Data Center to help compile mental health data securely and coordinate between relevant state agencies.”

The Department of Corrections would also be required to evaluate the physical and mental health of each inmate eligible for work assignments or correctional programs prior to the final assignment.

Barney Bishop, from Florida Smart Justice Alliance supported the bill and said it builds on already existing programs.

“Representatives, this is similar to the juvenile civil citation program, which has been around here in Florida for over 25 years,” Bishop said. “Gives an opportunity for people to be diverted and to seek treatment. So, a pilot program like this is extremely important.”

Bishop added that because people are not institutionalized in hospitals, something that has not happened for around 20 years, there needs to be a new model to treat mental health, and thanked Cobb for bringing the bill forward.

“This is an important project,” Bishop said. “We fully support this. Hope you’ll vote it up. It’s the right thing to do, and it will hopefully lead to more pilot programs, or once this pilot program is proven successful, then we’ll have a plethora of more facilities and programs around the state to help serve this important population.”


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New Black history museum for St. Johns County gets Senate blessing

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‘The story of Florida cannot be told without telling the story of Black Floridians.’

After heavy lobbying from St. Johns County and St. Augustine, Sen. Tom Leek convinced his colleagues in Tallahassee to establish a Florida Museum of Black History in his home district in Northeast Florida.

The Senate on Wednesday unanimously approved a bill (SB 466) sponsored by Leek that would establish the Florida Museum of Black History in West St. Augustine. A state task force recommended the site nearly a year ago.

Sen. Darryl Rouson, a St. Petersburg Republican, said he was thrilled to be honoring African Americans in Florida.

“Understanding Black history is crucial because it’s an integral part of American history and an integral part of Florida history,” Rouson said on the Senate floor. “It’s contributed to the very uniqueness of the state of Florida. It binds the generations and will teach people for years to come.”

Leek, a Republican who represents large portions of St. Johns County, acknowledged the deep and essential history of African Americans in the Sunshine State.

“The story of Florida cannot be told without telling the story of Black Floridians. This bill does just that,” Leek said.

St. Johns County leaders were pushing for the establishment of the museum in St. Augustine for a while. St. Johns County Commissioner Sarah Arnold in a county news release in March said Leek’s efforts were essentially filling a long-held vision for the county.

“I am beyond excited,” said Arnold after testifying before legislative committees in the state capital. “It is another step forward on our journey to make the dream of the Florida Museum of Black History in St. Johns County a reality.”

The Senate bill also would establish a board of directors for the museum while “prohibiting specified members of the board from holding state or local elective office while serving on the board.” It would also require the board to work jointly with the Foundation for the Museum of Black History.

The House (HB 659) companion, sponsored by Rep. Judson Sapp, a Palatka Republican, is awaiting a vote on the House floor.


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Elijah Manley raises $275,000 to challenge Sheila Cherfilus-McCormick in Democratic Primary

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Progressive active Elijah Manley announced he raised more than $275,000 to challenge U.S. Rep. Sheila Cherfilus-McCormick in a Democratic Primary.

The Fort Lauderdale Democrat said his campaign for Florida’s 20th Congressional District, which launched in February, received more than 11,000 donors, with contributions from every state and Washington, D.C.

The fundraising haul comes as Cherfilus-McCormick faces an expanded investigation by the House Ethics Committee.

“South Florida’s working families are getting squeezed more every day. Our campaign is showing we have the momentum to fight for and win a better future,” Manley said.

“While my opponent defends her political career amidst a state lawsuit and a congressional ethics investigation, we are building a grassroots movement across Broward and Palm Beach to elect the working-class champion South Floridians deserve.”

Manley’s full fundraising report has not yet been made public through the Federal Election Commission. He is the first candidate to announce totals in the race.

Cherfilus-McCormick also faces a challenge from Republican Rodenay Joseph, who has previously run for the U.S. Senate as a Democrat. He changed parties last year before endorsing U.S. Sen. Rick Scott in the General Election.

Last election cycle, Cherfilus-McCormick won re-election without opposition. She raised almost $632,000 but spent much of that, including paying off a $135,000 candidate loan. At the end of the year, she had just over $7,500 in the bank.

As a sitting incumbent, Cherfilus-McCormick likely has access to financial resources from Washington. Manley expects the controversy around Cherfilus-McCormick to make her vulnerable to a challenge.

“The incumbent’s political and legal scandals have robbed District 20 voters of our voice in Congress for years,” Manley said. “It’s time to end the national embarrassment of a corrupt healthcare CEO representing this seat in Congress. I’m not afraid of standing up to entrenched power, and that’s exactly what District 20 will need to make real change in Washington.”


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Senate passes ‘Patterson’s Law’ to protect families against false child abuse claims, separation

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Legislation to help innocent parents disprove false child abuse claims just passed in the Senate with unanimous support.

Members of the Senate voted 37-0 for SB 304, which among other things would give parents whose children are removed from their custody on suspicion of physical abuse the right to request and receive additional medical examinations — at their expense — in certain situations

“This bill seeks to mend the gaps in Florida’s child abuse investigation procedures that can fail to consider infants and young children with preexisting genetic conditions,” said the bill’s sponsor, Broward County Democratic Sen. Barbara Sharief.

“The goal of this legislation is to protect vulnerable children, give parents a right to a qualified medical opinion for their children and reunify families who would otherwise be wrongfully separated. … This good bill strengthens (the) Florida child welfare system by incorporating medical expertise into investigations, preventing unjust separations and preserving the integrity of the process.”

SB 304 is called “Patterson’s Law” after Michael and Tasha Patterson and their twin sons, whom the Department of Children and Families (DCF) took custody of in 2022 after broken bones the boys suffered raised alarms during an emergency room visit.

The couple took their matter to court, citing medical evidence showing that like their mother, the boys — who have still not been returned — have a rare genetic disorder called Ehlers-Danlos syndrome that causes fragile bones and easy bruising.

The Pattersons’ story is not an isolated incident. One Facebook group for families “who have been impacted by the medical misdiagnosis of child abuse” called Parents Behind The Pinwheels has 9,200 likes and 16,000 followers.

Sharief, a doctor nursing practice and former Broward Mayor, said various preexisting genetic conditions like Ehlers-Danlos syndrome, rickets, osteogenesis imperfecta and vitamin D deficiency can lead to signs of bodily harm that aren’t due to physical abuse, but the state’s process for determining whether that’s the case is faulty, and it’s hurting families.

Today, she said, when there is a report of physical abuse, DCF conducts a visit and if visible bodily harm is observed, the child is immediately removed from the parent for their safety. A 24-hour shelter follows, after which a temporary protective supervision process begins, lasting up to 21 days until a determination is made.

But genetic testing critical to identifying preexisting conditions can take upward of six months to process, and in many cases siblings must also undergo testing that further delays reunification.

“The issue is that child protective investigators who may not be familiar with these diseases often make initial determinations of abuse based solely on physical findings — injuries such as broken ribs, bowed limbs (and) dislocated joints, which are characteristic of certain medical conditions — (that) can be misdiagnosed as a sign of physical abuse,” Sharief said earlier this month.

“This bill will ask that a qualified physician or medical professional gives an opinion to determine whether (the child’s injuries are) consistent with an underlying medical condition or with child abuse. Currently, parents do not have enough time to identify or submit a second opinion (from a qualified physician or medical professional to challenge an abuse determination, (and) families are wrongfully separated.”

SB 304 aims to fix that. It would give DCF more time to forward allegations of criminal conduct to a law enforcement agency if a parent alleges the existence of certain preexisting medical conditions or has requested an examination.

The bill, effective July 1, would require child protective investigators to remind parents at the beginning of an investigation that they have a duty to report their child’s preexisting conditions and provide supporting records in a timely manner. It would also mandate that child protective teams consult with a licensed physician or advanced practice registered nurse with relevant experience in such cases.

In the bill’s final committee stop last week, Boynton Beach Democratic Sen. Lori Berman commended Sharief for filing SB 304 and noted that numerous parents who had been affected by the issue had spoken in favor of the legislation at the bill’s prior committee stop.

“It was so emotional and moving and gut-wrenching because a lot of them have still not even been reunited with their children,” said Berman, who in 2023 passed Greyson’s Law to better safeguard children at risk of parental harm. “This is a really necessary bill.”

Sharief, a freshman state lawmaker, thanked Republican Sens. Erin Grall, Kathleen Passidomo and Clay Yarborough for helping her to fine-tune her bill during its committee stops.

More than 60 residents, the Florida Smart Justice Alliance and Florida Justice Association have signaled support for SB 304 and its lower-chamber analog (HB 511) by Weston Democratic Rep. Robin Bartleman and Shalimar Republican Rep. Patt Maney.

The House bill awaits a hearing before the last of three committees to which it was referred. So far, it has only received “yes” votes.

Prior to its passage in the Senate on Wednesday, Sharief amended SB 304 so that its language matched that of HB 511, easing the process of passing the legislation once it reaches the House floor.


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