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C. If the defendant is arrested or charged with any new offense, the <br />defendant may no longer be eligible for Mental Health Court. Unless the Mental Health <br />Court judge and the State Attorney consent to the defendant remaining in Mental Health <br />Court, the case(s) pending before the Mental Health Court shall be transferred back to <br />the referring court. <br />D. If the defendant is determined to be ineligible for Mental Health Court, the <br />case shall be transferred back to the referring court. <br />5. ADMINISTRATION <br />A. The above provisions shall not divest any other Circuit or County criminal <br />courts of their authority to enter orders of competency and forensic commitment and/or <br />to hear motions for downward departure. <br />B. The Administrative Judge of Mental Health Court shall be responsible for <br />administering the Mental Health Court program and coordinating the role of the judiciary <br />with the functions of the Mental Health Court Program, Department of Children and <br />Family Services, Agency for Persons with Disabilities, and other public and private <br />providers of mental health services. <br />C. For the purpose of presiding over cases assigned to Mental Health Court, <br />any judge assigned to or presiding over Mental Health Court cases is hereby appointed <br />as an Acting County Court Judge and/or Acting Circuit Judge accordingly. <br />D. The public is entitled to access to judicial records, however, patient <br />treatment records are deemed confidential pursuant to §§ 395.3025(7) and 393.13, <br />Florida Statutes. In the event a treatment record or report is placed in the court file of a <br />Mental Health Court defendant, the Mental Health Court judge will determine whether <br />such report is confidential and exempt from public access under Florida law. If the <br />Mental Health Court judge finds the record is exempt, the records will be sealed <br />pursuant to Rule 2.420(f), Rules of Judicial Administration. <br />E. All hearings shall be recorded electronically. <br />F. Defendants participating in mental health courts may be required to pay a <br />monthly fee and the Clerk(s) of Court are authorized to accept any participation fee or <br />other funds collected incidental to a defendant's participation in mental health courts. <br />G. Mental health courts shall be maintained subject to the availability of <br />adequate funding for their operation. <br />6. Administrative Order 2006-09 is hereby replaced and superseded by this Order. <br />SIGNED and ORDERED in quadruplicate in Chambers at Stuart, Martin County, <br />Florida on October , 2014. <br />4 <br />STEVEN J. LEVIN <br />Chief Judge <br />Draft 10/20/14 <br />9 <br />