Senate Bill 0878
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    By Senator Myers
    27-463-99
  1                      A bill to be entitled
  2         An act relating to health care; transferring
  3         powers, duties, functions, and funds of the
  4         Department of Children and Family Services
  5         relating to alcohol, drug abuse, and mental
  6         health programs, including mental health
  7         institutions, to the Department of Health;
  8         authorizing the Department of Health to
  9         organize and classify positions transferred;
10         amending s. 20.19, F.S.; removing from the
11         Department of Children and Family Services
12         responsibilities relating to alcohol, drug
13         abuse, and mental health programs; amending s.
14         20.43, F.S.; establishing within the Department
15         of Health a Division of Mental Health and a
16         Division of Substance Abuse; amending ss.
17         39.001, 39.502, F.S.; conforming to said
18         transfer provisions relating to services for
19         dependent children; amending ss. 216.0172,
20         216.136, F.S.; conforming provisions relating
21         to budgetary process; amending s. 322.055,
22         F.S.; conforming provisions relating to driver
23         licenses of drug offenders; amending s. 393.11,
24         F.S.; conforming provisions relating to
25         diagnosis of mental retardation; amending ss.
26         394.453, 394.455, 394.457, 394.4574, 394.4615,
27         394.4674, 394.4781, 394.47865, 394.480,
28         394.493, 394.498, 394.4985, 394.65, 394.66,
29         394.67, 394.675, 394.73, 394.74, 394.75,
30         394.76, 394.77, 394.78, 394.79, F.S.;
31         conforming provisions relating to alcohol, drug
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         abuse, and mental health services; amending ss.
  2         397.311, 397.321, 397.481, 397.706, 397.753,
  3         397.754, 397.801, 397.821, 397.901, F.S.;
  4         conforming provisions relating to substance
  5         abuse programs and services; amending ss.
  6         400.0065, 400.435, 402.165, 402.166, 402.167,
  7         402.175, 402.20, 402.22, 402.33, 408.701,
  8         409.906, F.S.; conforming provisions relating
  9         to the State Long-Term Care Ombudsman, the
10         Agency for Health Care Administration, the
11         statewide and district human rights advocacy
12         committees, an umbrella trust fund for
13         developmentally disabled and mentally ill
14         persons, county contracts for mental health
15         services, education programs for students in
16         residential care facilities, and mental health
17         services provided under Medicaid, and relating
18         to departmental authority to charge fees for
19         client services; amending s. 400.4415, F.S.;
20         revising membership on the assisted living
21         facilities advisory committee; amending ss.
22         411.222, 411.224, 411.232, F.S.; conforming
23         provisions relating to interagency
24         coordination, the family support planning
25         process, and the Children's Early Investment
26         Program; amending s. 414.70, F.S.; conforming
27         provisions relating to a WAGES drug-screening
28         demonstration program; amending s. 458.3165,
29         F.S.; conforming provisions relating to a
30         public psychiatry certificate; amending ss.
31         561.121, 561.19, F.S.; conforming provisions
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         relating to revenues for alcohol and substance
  2         abuse programs; amending ss. 775.16, 877.111,
  3         F.S.; conforming provisions relating to
  4         rehabilitation of drug offenders; amending s.
  5         817.505, F.S.; conforming provisions relating
  6         to a prohibition on patient brokering; amending
  7         ss. 893.02, 893.11, 893.12, 893.15, 893.165,
  8         F.S.; conforming provisions relating to drug
  9         abuse prevention and control; amending s.
10         895.09, F.S.; conforming provisions relating to
11         disposition of forfeiture funds; amending ss.
12         916.105, 916.106, 916.107, 916.32, 916.33,
13         916.37, 916.39, 916.40, 916.49, F.S.;
14         conforming provisions relating to mentally ill
15         and mentally deficient defendants; amending s.
16         938.23, F.S.; conforming provisions relating to
17         assistance grants for drug abuse programs;
18         amending ss. 944.706, 945.025, 945.12, 945.41,
19         945.47, 945.49, 947.146, 948.034, F.S.;
20         conforming provisions relating to persons under
21         the jurisdiction of the Department of
22         Corrections; amending ss. 984.225, 985.06,
23         985.21, 985.223, 985.226, 985.23, 985.233,
24         985.308, F.S.; conforming provisions relating
25         to juvenile delinquency; providing for a
26         behavioral health care transition advisory
27         committee; providing membership and duties;
28         establishing a commission on mental health and
29         substance abuse; providing membership and
30         duties; providing for an advisory committee;
31         providing for staff and meetings; authorizing
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         the Department of Health to use unit-costing
  2         contract payments; authorizing reimbursement of
  3         expenditures for start-up contracts; providing
  4         for rules; requiring reports; providing
  5         effective dates.
  6
  7  Be It Enacted by the Legislature of the State of Florida:
  8
  9         Section 1.  Effective January 1, 2000, all powers,
10  duties, functions, records, personnel, property, and
11  unexpended balances of appropriations, allocations, and other
12  funds of the Department of Children and Family Services
13  relating to alcohol, drug abuse, and mental health programs,
14  including all mental health institutions, are transferred by a
15  type two transfer, as defined in section 20.06(2), Florida
16  Statutes, to the Department of Health. Any rules adopted by or
17  for the Department of Children and Family Services for the
18  administration and operation of such programs or institutions
19  are included in this transfer and shall remain in effect until
20  specifically changed in the manner provided by law.  The
21  Department of Health may organize, classify, and manage the
22  positions transferred in a manner that will reduce
23  duplication, achieve maximum efficiency, and ensure
24  accountability.
25         Section 2.  Effective January 1, 2000, paragraph (b) of
26  subsection (1), subsection (5), paragraph (e) of subsection
27  (10) and paragraph (j) of subsection (17) of section 20.19,
28  Florida Statutes, 1998 Supplement, are amended to read:
29         20.19  Department of Children and Family
30  Services.--There is created a Department of Children and
31  Family Services.
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (1)  MISSION AND PURPOSE.--
  2         (b)  The purposes of the Department of Children and
  3  Family Services are to deliver, or provide for the delivery
  4  of, all family services offered by the state through the
  5  department to its citizens and include, but are not limited
  6  to:
  7         1.  Cooperating with other state and local agencies in
  8  integrating the delivery of all family and health services
  9  offered by the state to those citizens in need of assistance.
10         2.  Providing such assistance as is authorized to all
11  eligible clients in order that they might achieve or maintain
12  economic self-support and self-sufficiency to prevent, reduce,
13  or eliminate dependency.
14         3.  Preventing or remedying the neglect, abuse, or
15  exploitation of children and of adults unable to protect their
16  own interests.
17         4.  Aiding in the preservation, rehabilitation, and
18  reuniting of families.
19         5.  Preventing or reducing inappropriate institutional
20  care by providing for community-based care, home-based care,
21  or other forms of less intensive care.
22         6.  Securing referral or admission for institutional
23  care when other forms of care are not appropriate, or
24  providing services to individuals in institutions when
25  necessary.
26         7.  Improving the quality of life for persons with
27  mental illnesses and persons with developmental disabilities.
28         (5)  PROGRAM OFFICES.--
29         (a)  There are created program offices, each of which
30  shall be headed by an assistant secretary who shall be
31
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  appointed by and serve at the pleasure of the secretary.  Each
  2  program office shall have the following responsibilities:
  3         1.  Ensuring that family services programs are
  4  implemented according to legislative intent and as provided in
  5  state and federal laws, rules, and regulations.
  6         2.  Establishing program standards and performance
  7  objectives.
  8         3.  Reviewing, monitoring, and ensuring compliance with
  9  statewide standards and performance measures.
10         4.  Providing general statewide supervision of the
11  administration of service programs, including, but not limited
12  to:
13         a.  Developing and coordinating training for service
14  programs.
15         b.  Coordinating program research.
16         c.  Identifying statewide program needs and
17  recommending solutions and priorities.
18         d.  Providing technical assistance for the
19  administrators and staff of the service districts.
20         e.  Assisting district administrators in staff
21  development and training.
22         f.  Monitoring service programs to ensure program
23  quality among service districts.
24         5.  Developing workload and productivity standards.
25         6.  Developing resource allocation methodologies.
26         7.  Compiling reports, analyses, and assessment of
27  client needs on a statewide basis.
28         8.  Ensuring the continued interagency collaboration
29  with the Department of Education for the development and
30  integration of effective programs to serve children and their
31  families.
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         9.  Other duties as are assigned by the secretary.
  2         (b)  The following program offices are established and
  3  may be consolidated, restructured, or rearranged by the
  4  secretary; provided any such consolidation, restructuring, or
  5  rearranging is for the purpose of encouraging service
  6  integration through more effective and efficient performance
  7  of the program offices or parts thereof:
  8         1.  Economic Self-Sufficiency Program Office.--The
  9  responsibilities of this office encompass income support
10  programs within the department, such as temporary assistance
11  to families with dependent children, food stamps, welfare
12  reform, and state supplementation of the supplemental security
13  income (SSI) program.
14         2.  Developmental Services Program Office.--The
15  responsibilities of this office encompass programs operated by
16  the department for developmentally disabled persons.
17  Developmental disabilities include any disability defined in
18  s. 393.063.
19         3.  Children and Families Program Office.--The
20  responsibilities of this program office encompass early
21  intervention services for children and families at risk;
22  intake services for protective investigation of abandoned,
23  abused, and neglected children; interstate compact on the
24  placement of children programs; adoption; child care;
25  out-of-home care programs and other specialized services to
26  families.
27         4.  Alcohol, Drug Abuse, and Mental Health Program
28  Office.--The responsibilities of this office encompass all
29  alcohol, drug abuse, and mental health programs operated by
30  the department.
31         (10)  DISTRICT ADMINISTRATOR.--
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (e)  Programs at the district level are in the
  2  following areas: alcohol, drug abuse, and mental health;
  3  developmental services; economic self-sufficiency services;
  4  and children and family services. There may be a program
  5  supervisor for each program, or the district administrator may
  6  combine programs under a program manager or program supervisor
  7  if such arrangement is approved by the secretary.
  8         (17)  CONTRACTING AND PERFORMANCE STANDARDS.--
  9         (j)  If a provider fails to meet the performance
10  standards established in the contract, the department may
11  allow a reasonable period for the provider to correct
12  performance deficiencies. If performance deficiencies are not
13  resolved to the satisfaction of the department within the
14  prescribed time, and if no extenuating circumstances can be
15  documented by the provider to the department's satisfaction,
16  the department must cancel the contract with the provider. The
17  department may not enter into a new contract with that same
18  provider for the services for which the contract was
19  previously canceled for a period of at least 24 months after
20  the date of cancellation.  If an adult substance abuse
21  services provider fails to meet the performance standards
22  established in the contract, the department may allow a
23  reasonable period, not to exceed 6 months, for the provider to
24  correct performance deficiencies. If the performance
25  deficiencies are not resolved to the satisfaction of the
26  department within 6 months, the department must cancel the
27  contract with the adult substance abuse provider, unless there
28  is no other qualified provider in the service area.
29         Section 3.  Effective January 1, 2000, subsections (1)
30  and (3) of section 20.43, Florida Statutes, 1998 Supplement,
31  are amended to read:
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         20.43  Department of Health.--There is created a
  2  Department of Health.
  3         (1)  The purpose of the Department of Health is to
  4  promote and protect the health of all residents and visitors
  5  in the state through organized state and community efforts,
  6  including cooperative agreements with counties.  The
  7  department shall:
  8         (a)  Prevent to the fullest extent possible, the
  9  occurrence and progression of communicable and noncommunicable
10  diseases and disabilities and mental and substance abuse
11  impairment.
12         (b)  Maintain a constant surveillance of disease
13  occurrence and accumulate health statistics necessary to
14  establish disease trends and to design health programs.
15         (c)  Conduct special studies of the causes of diseases
16  and formulate preventive strategies.
17         (d)  Promote the maintenance and improvement of the
18  environment as it affects public health.
19         (e)  Promote the maintenance and improvement of health
20  in the residents of the state.
21         (f)  Provide leadership, in cooperation with the public
22  and private sectors, in establishing statewide and community
23  public health and behavioral health delivery systems.
24         (g)  Provide health care and early intervention
25  services to infants, toddlers, children, adolescents, and
26  high-risk perinatal patients who are at risk for disabling
27  conditions or have chronic illnesses.
28         (h)  Provide services to abused and neglected children
29  through child protection teams and sexual abuse treatment
30  programs.
31
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (i)  Develop working associations with all agencies and
  2  organizations involved and interested in health and behavioral
  3  health care delivery.
  4         (j)  Analyze trends in the evolution of health and
  5  behavioral health systems, and identify and promote the use of
  6  innovative, cost-effective health delivery systems.
  7         (k)  Serve as the statewide repository of all aggregate
  8  data accumulated by state agencies related to health care;
  9  analyze that data and issue periodic reports and policy
10  statements, as appropriate; require that all aggregated data
11  be kept in a manner that promotes easy utilization by the
12  public, state agencies, and all other interested parties;
13  provide technical assistance as required; and work
14  cooperatively with the state's higher education programs to
15  promote further study and analysis of health and behavioral
16  health care systems and health care outcomes.
17         (l)  Biennially publish, and annually update, a state
18  health plan that assesses current health programs, systems,
19  and costs; makes projections of future problems and
20  opportunities; and recommends changes needed in the health
21  care system to improve the public health.
22         (m)  Regulate health practitioners, to the extent
23  authorized by the Legislature, as necessary for the
24  preservation of the health, safety, and welfare of the public.
25         (n)  Improve the quality of life for persons with
26  mental illnesses and persons with substance abuse problems,
27  including the promotion of appropriate levels of care and
28  community-based treatment and support services.
29         (3)  The following divisions of the Department of
30  Health are established. Each division shall be under the
31  direct supervision of a division director appointed by the
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  secretary. The secretary shall appoint a Deputy Secretary for
  2  Behavioral Health Care who shall have direct supervision over
  3  the Division of Mental Health and the Division of Substance
  4  Abuse.:
  5         (a)  Division of Administration.
  6         (b)  Division of Environmental Health.
  7         (c)  Division of Disease Control.
  8         (d)  Division of Family Health Services.
  9         (e)  Division of Children's Medical Services.
10         (f)  Division of Local Health Planning, Education, and
11  Workforce Development.
12         (g)  Division of Mental Health.
13         (h)  Division of Substance Abuse.
14         (i)(g)  Division of Medical Quality Assurance, which is
15  responsible for the following boards and professions
16  established within the division:
17         1.  Nursing assistants, as provided under s. 400.211.
18         2.  Health care services pools, as provided under s.
19  402.48.
20         3.  The Board of Acupuncture, created under chapter
21  457.
22         4.  The Board of Medicine, created under chapter 458.
23         5.  The Board of Osteopathic Medicine, created under
24  chapter 459.
25         6.  The Board of Chiropractic Medicine, created under
26  chapter 460.
27         7.  The Board of Podiatric Medicine, created under
28  chapter 461.
29         8.  Naturopathy, as provided under chapter 462.
30         9.  The Board of Optometry, created under chapter 463.
31         10.  The Board of Nursing, created under chapter 464.
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         11.  The Board of Pharmacy, created under chapter 465.
  2         12.  The Board of Dentistry, created under chapter 466.
  3         13.  Midwifery, as provided under chapter 467.
  4         14.  The Board of Speech-Language Pathology and
  5  Audiology, created under part I of chapter 468.
  6         15.  The Board of Nursing Home Administrators, created
  7  under part II of chapter 468.
  8         16.  The Board of Occupational Therapy, created under
  9  part III of chapter 468.
10         17.  Respiratory therapy, as provided under part V of
11  chapter 468.
12         18.  Dietetics and nutrition practice, as provided
13  under part X of chapter 468.
14         19.  Athletic trainers, as provided under part XIII of
15  chapter 468.
16         20.  The Board of Orthotists and Prosthetists, created
17  under part XIV of chapter 468.
18         21.  Electrolysis, as provided under chapter 478.
19         22.  The Board of Massage Therapy, created under
20  chapter 480.
21         23.  The Board of Clinical Laboratory Personnel,
22  created under part III of chapter 483.
23         24.  Medical physicists, as provided under part IV of
24  chapter 483.
25         25.  The Board of Opticianry, created under part I of
26  chapter 484.
27         26.  The Board of Hearing Aid Specialists, created
28  under part II of chapter 484.
29         27.  The Board of Physical Therapy Practice, created
30  under chapter 486.
31
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         28.  The Board of Psychology, created under chapter
  2  490.
  3         29.  School psychologists, as provided under chapter
  4  490.
  5         30.  The Board of Clinical Social Work, Marriage and
  6  Family Therapy, and Mental Health Counseling, created under
  7  chapter 491.
  8
  9  The department may contract with the Agency for Health Care
10  Administration who shall provide consumer complaint,
11  investigative, and prosecutorial services required by the
12  Division of Medical Quality Assurance, councils, or boards, as
13  appropriate.
14         Section 4.  Effective January 1, 2000, paragraph (b) of
15  subsection (7) of section 39.001, Florida Statutes, 1998
16  Supplement, is amended to read:
17         39.001  Purposes and intent; personnel standards and
18  screening.--
19         (7)  PLAN FOR COMPREHENSIVE APPROACH.--
20         (b)  The development of the comprehensive state plan
21  shall be accomplished in the following manner:
22         1.  The department shall establish an interprogram task
23  force comprised of the Assistant Secretary for Children and
24  Family Services, or a designee, a representative from the
25  Children and Families Program Office, a representative from
26  the Alcohol, Drug Abuse, and Mental Health Program Office, a
27  representative from the Developmental Services Program Office,
28  a representative from the Office of Standards and Evaluation,
29  and a representative from the Division of Children's Medical
30  Services of the Department of Health, a representative from
31  the Division of Mental Health of the Department of Health, and
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  a representative from the Division of Substance Abuse of the
  2  Department of Health.  Representatives of the Department of
  3  Law Enforcement and of the Department of Education shall serve
  4  as ex officio members of the interprogram task force. The
  5  interprogram task force shall be responsible for:
  6         a.  Developing a plan of action for better coordination
  7  and integration of the goals, activities, and funding
  8  pertaining to the prevention of child abuse, abandonment, and
  9  neglect conducted by the department in order to maximize staff
10  and resources at the state level.  The plan of action shall be
11  included in the state plan.
12         b.  Providing a basic format to be utilized by the
13  districts in the preparation of local plans of action in order
14  to provide for uniformity in the district plans and to provide
15  for greater ease in compiling information for the state plan.
16         c.  Providing the districts with technical assistance
17  in the development of local plans of action, if requested.
18         d.  Examining the local plans to determine if all the
19  requirements of the local plans have been met and, if they
20  have not, informing the districts of the deficiencies and
21  requesting the additional information needed.
22         e.  Preparing the state plan for submission to the
23  Legislature and the Governor.  Such preparation shall include
24  the collapsing of information obtained from the local plans,
25  the cooperative plans with the Department of Education, and
26  the plan of action for coordination and integration of
27  departmental activities into one comprehensive plan.  The
28  comprehensive plan shall include a section reflecting general
29  conditions and needs, an analysis of variations based on
30  population or geographic areas, identified problems, and
31  recommendations for change.  In essence, the plan shall
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  provide an analysis and summary of each element of the local
  2  plans to provide a statewide perspective.  The plan shall also
  3  include each separate local plan of action.
  4         f.  Working with the specified state agency in
  5  fulfilling the requirements of subparagraphs 2., 3., 4., and
  6  5.
  7         2.  The department, the Department of Education, and
  8  the Department of Health shall work together in developing
  9  ways to inform and instruct parents of school children and
10  appropriate district school personnel in all school districts
11  in the detection of child abuse, abandonment, and neglect and
12  in the proper action that should be taken in a suspected case
13  of child abuse, abandonment, or neglect, and in caring for a
14  child's needs after a report is made. The plan for
15  accomplishing this end shall be included in the state plan.
16         3.  The department, the Department of Law Enforcement,
17  and the Department of Health shall work together in developing
18  ways to inform and instruct appropriate local law enforcement
19  personnel in the detection of child abuse, abandonment, and
20  neglect and in the proper action that should be taken in a
21  suspected case of child abuse, abandonment, or neglect.
22         4.  Within existing appropriations, the department
23  shall work with other appropriate public and private agencies
24  to emphasize efforts to educate the general public about the
25  problem of and ways to detect child abuse, abandonment, and
26  neglect and in the proper action that should be taken in a
27  suspected case of child abuse, abandonment, or neglect.  The
28  plan for accomplishing this end shall be included in the state
29  plan.
30         5.  The department, the Department of Education, and
31  the Department of Health shall work together on the
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  enhancement or adaptation of curriculum materials to assist
  2  instructional personnel in providing instruction through a
  3  multidisciplinary approach on the identification,
  4  intervention, and prevention of child abuse, abandonment, and
  5  neglect.  The curriculum materials shall be geared toward a
  6  sequential program of instruction at the four progressional
  7  levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging
  8  all school districts to utilize the curriculum are to be
  9  included in the comprehensive state plan for the prevention of
10  child abuse, abandonment, and neglect.
11         6.  Each district of the department shall develop a
12  plan for its specific geographical area.  The plan developed
13  at the district level shall be submitted to the interprogram
14  task force for utilization in preparing the state plan.  The
15  district local plan of action shall be prepared with the
16  involvement and assistance of the local agencies and
17  organizations listed in paragraph (a), as well as
18  representatives from those departmental district offices
19  participating in the treatment and prevention of child abuse,
20  abandonment, and neglect.  In order to accomplish this, the
21  district administrator in each district shall establish a task
22  force on the prevention of child abuse, abandonment, and
23  neglect.  The district administrator shall appoint the members
24  of the task force in accordance with the membership
25  requirements of this section.  In addition, the district
26  administrator shall ensure that each subdistrict is
27  represented on the task force; and, if the district does not
28  have subdistricts, the district administrator shall ensure
29  that both urban and rural areas are represented on the task
30  force.  The task force shall develop a written statement
31  clearly identifying its operating procedures, purpose, overall
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  responsibilities, and method of meeting responsibilities.  The
  2  district plan of action to be prepared by the task force shall
  3  include, but shall not be limited to:
  4         a.  Documentation of the magnitude of the problems of
  5  child abuse, including sexual abuse, physical abuse, and
  6  emotional abuse, and child abandonment and neglect in its
  7  geographical area.
  8         b.  A description of programs currently serving abused,
  9  abandoned, and neglected children and their families and a
10  description of programs for the prevention of child abuse,
11  abandonment, and neglect, including information on the impact,
12  cost-effectiveness, and sources of funding of such programs.
13         c.  A continuum of programs and services necessary for
14  a comprehensive approach to the prevention of all types of
15  child abuse, abandonment, and neglect as well as a brief
16  description of such programs and services.
17         d.  A description, documentation, and priority ranking
18  of local needs related to child abuse, abandonment, and
19  neglect prevention based upon the continuum of programs and
20  services.
21         e.  A plan for steps to be taken in meeting identified
22  needs, including the coordination and integration of services
23  to avoid unnecessary duplication and cost, and for alternative
24  funding strategies for meeting needs through the reallocation
25  of existing resources, utilization of volunteers, contracting
26  with local universities for services, and local government or
27  private agency funding.
28         f.  A description of barriers to the accomplishment of
29  a comprehensive approach to the prevention of child abuse,
30  abandonment, and neglect.
31
                                  17
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         g.  Recommendations for changes that can be
  2  accomplished only at the state program level or by legislative
  3  action.
  4         Section 5.  Effective January 1, 2000, subsection (15)
  5  of section 39.502, Florida Statutes, 1998 Supplement, is
  6  amended to read:
  7         39.502  Notice, process, and service.--
  8         (15)  A party who is identified as a person with mental
  9  illness or with a developmental disability must be informed by
10  the court of the availability of advocacy services through the
11  department, the Division of Mental Health of the Department of
12  Health, the Association for Retarded Citizens, or other
13  appropriate mental health or developmental disability advocacy
14  groups and encouraged to seek such services.
15         Section 6.  Effective January 1, 2000, paragraph (b) of
16  subsection (2) of section 216.0172, Florida Statutes, 1998
17  Supplement, is amended to read:
18         216.0172  Schedule for submission of performance-based
19  program budgets.--In order to implement the provisions of
20  chapter 94-249, Laws of Florida, state agencies shall submit
21  performance-based program budget legislative budget requests
22  for programs approved pursuant to s. 216.0166 to the Executive
23  Office of the Governor and the Legislature based on the
24  following schedule:
25         (2)  By September 1, 1995, for the 1996-1997 fiscal
26  year:
27         (b)  Department of Health and Rehabilitative Services
28  (Substance Alcohol, Drug Abuse, Mental Health).
29         Section 7.  Effective January 1, 2000, paragraph (b) of
30  subsection (9) of section 216.136, Florida Statutes, 1998
31  Supplement, is amended to read:
                                  18
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         216.136  Consensus estimating conferences; duties and
  2  principals.--
  3         (9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--
  4         (b)  Principals.--The Executive Office of the Governor,
  5  the Office of Economic and Demographic Research, and
  6  professional staff who have forecasting expertise from the
  7  Department of Juvenile Justice, the Division of Mental Health
  8  and Division of Substance Abuse of the Department of Health
  9  and Rehabilitative Services Alcohol, Drug Abuse, and Mental
10  Health Program Office, the Department of Law Enforcement, the
11  Senate Appropriations Committee staff, the House of
12  Representatives Appropriations Committee staff, or their
13  designees, are the principals of the Juvenile Justice
14  Estimating Conference. The responsibility of presiding over
15  sessions of the conference shall be rotated among the
16  principals. To facilitate policy and legislative
17  recommendations, the conference may call upon professional
18  staff of the Juvenile Justice Accountability Advisory Board
19  and appropriate legislative staff.
20         Section 8.  Effective January 1, 2000, section 322.055,
21  Florida Statutes, is amended to read:
22         322.055  Revocation or suspension of, or delay of
23  eligibility for, driver's license for persons 18 years of age
24  or older convicted of certain drug offenses.--
25         (1)  Notwithstanding the provisions of s. 322.28, upon
26  the conviction of a person 18 years of age or older for
27  possession or sale of, trafficking in, or conspiracy to
28  possess, sell, or traffic in a controlled substance, the court
29  shall direct the department to revoke the driver's license or
30  driving privilege of the person. The period of such revocation
31  shall be 2 years or until the person is evaluated for and, if
                                  19
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  deemed necessary by the evaluating agency, completes a drug
  2  treatment and rehabilitation program approved or regulated by
  3  the Department of Health and Rehabilitative Services. However,
  4  the court may, in its sound discretion, direct the department
  5  to issue a license for driving privileges restricted to
  6  business or employment purposes only, as defined by s.
  7  322.271, if the person is otherwise qualified for such a
  8  license. A driver whose license or driving privilege has been
  9  suspended or revoked under this section or s. 322.056 may,
10  upon the expiration of 6 months, petition the department for
11  restoration of the driving privilege on a restricted or
12  unrestricted basis depending on length of suspension or
13  revocation. In no case shall a restricted license be available
14  until 6 months of the suspension or revocation period has
15  expired.
16         (2)  If a person 18 years of age or older is convicted
17  for the possession or sale of, trafficking in, or conspiracy
18  to possess, sell, or traffic in a controlled substance and
19  such person is eligible by reason of age for a driver's
20  license or privilege, the court shall direct the department to
21  withhold issuance of such person's driver's license or driving
22  privilege for a period of 2 years after the date the person
23  was convicted or until the person is evaluated for and, if
24  deemed necessary by the evaluating agency, completes a drug
25  treatment and rehabilitation program approved or regulated by
26  the Department of Health and Rehabilitative Services. However,
27  the court may, in its sound discretion, direct the department
28  to issue a license for driving privileges restricted to
29  business or employment purposes only, as defined by s.
30  322.271, if the person is otherwise qualified for such a
31  license. A driver whose license or driving privilege has been
                                  20
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  suspended or revoked under this section or s. 322.056 may,
  2  upon the expiration of 6 months, petition the department for
  3  restoration of the driving privilege on a restricted or
  4  unrestricted basis depending on the length of suspension or
  5  revocation. In no case shall a restricted license be available
  6  until 6 months of the suspension or revocation period has
  7  expired.
  8         (3)  If a person 18 years of age or older is convicted
  9  for the possession or sale of, trafficking in, or conspiracy
10  to possess, sell, or traffic in a controlled substance and
11  such person's driver's license or driving privilege is already
12  under suspension or revocation for any reason, the court shall
13  direct the department to extend the period of such suspension
14  or revocation by an additional period of 2 years or until the
15  person is evaluated for and, if deemed necessary by the
16  evaluating agency, completes a drug treatment and
17  rehabilitation program approved or regulated by the Department
18  of Health and Rehabilitative Services. However, the court may,
19  in its sound discretion, direct the department to issue a
20  license for driving privileges restricted to business or
21  employment purposes only, as defined by s. 322.271, if the
22  person is otherwise qualified for such a license. A driver
23  whose license or driving privilege has been suspended or
24  revoked under this section or s. 322.056 may, upon the
25  expiration of 6 months, petition the department for
26  restoration of the driving privilege on a restricted or
27  unrestricted basis depending on the length of suspension or
28  revocation. In no case shall a restricted license be available
29  until 6 months of the suspension or revocation period has
30  expired.
31
                                  21
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (4)  If a person 18 years of age or older is convicted
  2  for the possession or sale of, trafficking in, or conspiracy
  3  to possess, sell, or traffic in a controlled substance and
  4  such person is ineligible by reason of age for a driver's
  5  license or driving privilege, the court shall direct the
  6  department to withhold issuance of such person's driver's
  7  license or driving privilege for a period of 2 years after the
  8  date that he or she would otherwise have become eligible or
  9  until he or she becomes eligible by reason of age for a
10  driver's license and is evaluated for and, if deemed necessary
11  by the evaluating agency, completes a drug treatment and
12  rehabilitation program approved or regulated by the Department
13  of Health and Rehabilitative Services. However, the court may,
14  in its sound discretion, direct the department to issue a
15  license for driving privileges restricted to business or
16  employment purposes only, as defined by s. 322.271, if the
17  person is otherwise qualified for such a license. A driver
18  whose license or driving privilege has been suspended or
19  revoked under this section or s. 322.056 may, upon the
20  expiration of 6 months, petition the department for
21  restoration of the driving privilege on a restricted or
22  unrestricted basis depending on the length of suspension or
23  revocation. In no case shall a restricted license be available
24  until 6 months of the suspension or revocation period has
25  expired.
26         (5)  Each clerk of court shall promptly report to the
27  department each conviction for the possession or sale of,
28  trafficking in, or conspiracy to possess, sell, or traffic in
29  a controlled substance.
30
31
                                  22
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         Section 9.  Effective January 1, 2000, subsection (1)
  2  of section 393.11, Florida Statutes, 1998 Supplement, is
  3  amended to read:
  4         393.11  Involuntary admission to residential
  5  services.--
  6         (1)  JURISDICTION.--When a person is mentally retarded
  7  and requires involuntary admission to residential services
  8  provided by the developmental services program of the
  9  Department of Children and Family Health and Rehabilitative
10  Services, the circuit court of the county in which the person
11  resides shall have jurisdiction to conduct a hearing and enter
12  an order involuntarily admitting the person in order that the
13  person may receive the care, treatment, habilitation, and
14  rehabilitation which the person needs.  For the purpose of
15  identifying mental retardation, diagnostic capability shall be
16  established in every program function of the department in the
17  districts, including, but not limited to, programs provided by
18  children and families; delinquency services; alcohol, drug
19  abuse, and mental health; and economic self-sufficiency, and
20  in delinquency programs and services of the Department of
21  Juvenile Justice, and by the Division of Mental Health and the
22  Division of Substance Abuse of the Department of Health,
23  services, and by the Division of Vocational Rehabilitation of
24  the Department of Labor and Employment Security. Except as
25  otherwise specified, the proceedings under this section shall
26  be governed by the Florida Rules of Civil Procedure.
27         Section 10.  Effective January 1, 2000, section
28  394.453, Florida Statutes, is amended to read:
29         394.453  Legislative intent.--It is the intent of the
30  Legislature to authorize and direct the Department of Health
31  and Rehabilitative Services to evaluate, research, plan, and
                                  23
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  recommend to the Governor and the Legislature programs
  2  designed to reduce the occurrence, severity, duration, and
  3  disabling aspects of mental, emotional, and behavioral
  4  disorders. It is the intent of the Legislature that treatment
  5  programs for such disorders shall include, but not be limited
  6  to, comprehensive health, social, educational, and
  7  rehabilitative services to persons requiring intensive
  8  short-term and continued treatment in order to encourage them
  9  to assume responsibility for their treatment and recovery.  It
10  is intended that such persons be provided with emergency
11  service and temporary detention for evaluation when required;
12  that they be admitted to treatment facilities on a voluntary
13  basis when extended or continuing care is needed and
14  unavailable in the community; that involuntary placement be
15  provided only when expert evaluation determines that it is
16  necessary; that any involuntary treatment or examination be
17  accomplished in a setting which is clinically appropriate and
18  most likely to facilitate the person's return to the community
19  as soon as possible; and that individual dignity and human
20  rights be guaranteed to all persons who are admitted to mental
21  health facilities or who are being held under s. 394.463.  It
22  is the further intent of the Legislature that the least
23  restrictive means of intervention be employed based on the
24  individual needs of each person, within the scope of available
25  services.
26         Section 11.  Effective January 1, 2000, subsections (8)
27  and (28) of section 394.455, Florida Statutes, are amended,
28  present subsections (29) and (30) are renumbered as
29  subsections (30) and (31), respectively, and a new subsection
30  (29) is added to that section, to read:
31
                                  24
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         394.455  Definitions.--As used in this part, unless the
  2  context clearly requires otherwise, the term:
  3         (8)  "Department" means the Department of Health
  4  Children and Family Services.
  5         (28)  "Secretary" means the Secretary of Health
  6  Children and Family Services.
  7         (29)  "Service district" or "district" means a
  8  community service area that may be established by the
  9  department for the purpose of providing substance abuse and
10  mental health services.
11         Section 12.  Effective January 1, 2000, subsection (1)
12  of section 394.457, Florida Statutes, is amended to read:
13         394.457  Operation and administration.--
14         (1)  ADMINISTRATION.--The department of Health and
15  Rehabilitative Services is designated the "Mental Health
16  Authority" of Florida.  The department and the Agency for
17  Health Care Administration shall exercise executive and
18  administrative supervision over all mental health facilities,
19  programs, and services.
20         Section 13.  Effective January 1, 2000, subsection (3)
21  of section 394.4574, Florida Statutes, 1998 Supplement, is
22  amended to read:
23         394.4574  Department responsibilities for a mental
24  health resident who resides in an assisted living facility
25  that holds a limited mental health license.--
26         (3)  The Secretary of Health Children and Family
27  Services, in consultation with the Agency for Health Care
28  Administration, shall annually require each district's staff
29  district administrator to develop, with community input,
30  detailed plans that demonstrate how the district will ensure
31  the provision of state-funded mental health and substance
                                  25
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  abuse treatment services to residents of assisted living
  2  facilities that hold a limited mental health license. These
  3  plans must be consistent with the substance alcohol, drug
  4  abuse, and mental health district plan developed pursuant to
  5  s. 394.75 and must address case management services; access to
  6  consumer-operated drop-in centers; access to services during
  7  evenings, weekends, and holidays; supervision of the clinical
  8  needs of the residents; and access to emergency psychiatric
  9  care.
10         Section 14.  Effective January 1, 2000, paragraph (d)
11  of subsection (2) of section 394.4615, Florida Statutes, is
12  amended to read:
13         394.4615  Clinical records; confidentiality.--
14         (2)  The clinical record shall be released when:
15         (d)  The patient is committed to, or is to be returned
16  to, the Department of Corrections from the Department of
17  Health and Rehabilitative Services, and the Department of
18  Corrections requests such records.  These records shall be
19  furnished without charge to the Department of Corrections.
20         Section 15.  Effective January 1, 2000, paragraph (e)
21  of subsection (2) of section 394.4674, Florida Statutes, is
22  amended to read:
23         394.4674  Plan and report.--
24         (2)  The department shall prepare and submit a
25  semiannual report to the Legislature, until the conditions
26  specified in subsection (1) are met, which shall include, but
27  not be limited to:
28         (e)  Any evidence of involvement between the Division
29  of Mental Health and Division of Substance Abuse and the
30  Alcohol, Drug Abuse, and Mental Health Program Office and
31  other divisions of the department and program offices within
                                  26
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  the Department of Children and Family Services, and between
  2  the department and other state and private agencies and
  3  individuals, to accomplish the deinstitutionalization of
  4  patients in this age group.
  5         Section 16.  Effective January 1, 2000, subsection (1)
  6  of section 394.4781, Florida Statutes, 1998 Supplement, is
  7  amended to read:
  8         394.4781  Residential care for psychotic and
  9  emotionally disturbed children.--
10         (1)  DEFINITIONS.--As used in this section, the term:
11         (a)  "psychotic or severely emotionally disturbed
12  child" means a child so diagnosed by a psychiatrist or
13  clinical psychologist who has specialty training and
14  experience with children.  Such a severely emotionally
15  disturbed child or psychotic child shall be considered by this
16  diagnosis to benefit by and require residential care as
17  contemplated by this section.
18         (b)  "Department" means the Department of Health and
19  Rehabilitative Services.
20         Section 17.  Effective January 1, 2000, subsection (1)
21  of section 394.47865, Florida Statutes, is amended to read:
22         394.47865  South Florida State Hospital;
23  privatization.--
24         (1)  The department of Children and Family Services
25  shall, through a request for proposals, privatize South
26  Florida State Hospital. The department shall plan to begin
27  implementation of this privatization initiative by July 1,
28  1998.
29         (a)  Notwithstanding s. 287.057(12), the department may
30  enter into agreements, not to exceed 20 years, with a private
31  provider, a coalition of providers, or another agency to
                                  27
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  finance, design, and construct a treatment facility having up
  2  to 350 beds and to operate all aspects of daily operations
  3  within the facility. The department may subcontract any or all
  4  components of this procurement to a statutorily established
  5  state governmental entity that has successfully contracted
  6  with private companies for designing, financing, acquiring,
  7  leasing, constructing, and operating major privatized state
  8  facilities.
  9         (b)  The selected contractor is authorized to sponsor
10  the issuance of tax-exempt bonds, certificates of
11  participation, or other securities to finance the project, and
12  the state is authorized to enter into a lease-purchase
13  agreement for the treatment facility.
14         Section 18.  Effective January 1, 2000, section
15  394.480, Florida Statutes, is amended to read:
16         394.480  Compact administrator.--Pursuant to said
17  compact, the Secretary of Health and Rehabilitative Services
18  shall be the compact administrator who, acting jointly with
19  like officers of other party states, shall have power to
20  promulgate rules and regulations to carry out more effectively
21  the terms of the compact.  The compact administrator is hereby
22  authorized, empowered, and directed to cooperate with all
23  departments, agencies, and officers of and in the government
24  of this state and its subdivisions in facilitating the proper
25  administration of the compact of any supplementary agreement
26  or agreements entered into by this state thereunder.
27         Section 19.  Effective January 1, 2000, subsections (1)
28  and (3) of section 394.493, Florida Statutes, 1998 Supplement,
29  are amended to read:
30         394.493  Target populations for child and adolescent
31  mental health services funded through the department.--
                                  28
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (1)  The child and adolescent mental health system of
  2  care funded through the Department of Health Children and
  3  Family Services shall serve, to the extent that resources are
  4  available, the following groups of children and adolescents
  5  who reside with their parents or legal guardians or who are
  6  placed in state custody:
  7         (a)  Children and adolescents who are experiencing an
  8  acute mental or emotional crisis.
  9         (b)  Children and adolescents who have a serious
10  emotional disturbance or mental illness.
11         (c)  Children and adolescents who have an emotional
12  disturbance.
13         (d)  Children and adolescents who are at risk of
14  emotional disturbance.
15         (3)  Each child or adolescent who meets the target
16  population criteria of this section shall be served to the
17  extent possible within available resources and consistent with
18  the portion of the district substance alcohol, drug abuse, and
19  mental health plan specified in s. 394.75 which pertains to
20  child and adolescent mental health services.
21         Section 20.  Effective January 1, 2000, paragraph (a)
22  of subsection (4) of section 394.498, Florida Statutes, 1998
23  Supplement, is amended to read:
24         394.498  Child and Adolescent Interagency System of
25  Care Demonstration Models.--
26         (4)  ESSENTIAL ELEMENTS.--
27         (a)  In order to be approved as a Child and Adolescent
28  Interagency System of Care Demonstration Model, the applicant
29  must demonstrate its capacity to perform the following
30  functions:
31
                                  29
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         1.  Form a consortium of purchasers, which includes at
  2  least three of the following agencies:
  3         a.  The Mental Health Program and Family Safety and
  4  Preservation Program of the Department of Children and Family
  5  Services.
  6         b.  The Division of Mental Health of the Department of
  7  Health.
  8         c.b.  The Medicaid program of the Agency for Health
  9  Care Administration.
10         d.c.  The local school district.
11         e.d.  The Department of Juvenile Justice.
12
13  Each agency that participates in the consortium shall enter
14  into a written interagency agreement that defines each
15  agency's responsibilities.
16         2.  Establish an oversight body that is responsible for
17  directing the demonstration model. The oversight body must
18  include representatives from the state agencies that comprise
19  the consortium of purchasers under subparagraph 1., as well as
20  local governmental entities, a juvenile court judge, parents,
21  and other community entities. The responsibilities of the
22  oversight body must be specified in writing.
23         3.  Select a target population of children and
24  adolescents, regardless of whether the child or adolescent is
25  eligible or ineligible for Medicaid, based on the following
26  parameters:
27         a.  The child or adolescent has a serious emotional
28  disturbance or mental illness, as defined in s. 394.492(6),
29  based on an assessment conducted by a licensed practitioner
30  defined in s. 394.455(2), (4), (21), (23), or (24) or by a
31  professional licensed under chapter 491;
                                  30
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         b.  The total service costs per child or adolescent
  2  have exceeded $3,000 per month;
  3         c.  The child or adolescent has had multiple
  4  out-of-home placements;
  5         d.  The existing array of services does not effectively
  6  meet the needs of the child or adolescent;
  7         e.  The case of the child or adolescent has been
  8  staffed by a district collaborative planning team and
  9  satisfactory results have not been achieved through existing
10  case services plans; and
11         f.  The parent or legal guardian of the child or
12  adolescent consents to participating in the demonstration
13  model.
14         4.  Select a geographic site for the demonstration
15  model. A demonstration model may be comprised of one or more
16  counties and may include multiple service districts of the
17  Department of Children and Family Services.
18         5.  Develop a mechanism for selecting the pool of
19  children and adolescents who meet the criteria specified in
20  this section for participating in the demonstration model.
21         6.  Establish a pooled funding plan that allocates
22  proportionate costs to the purchasers. The plan must address
23  all of the service needs of the child or adolescent, and funds
24  may not be identified in the plan by legislative appropriation
25  category or any other state or federal funding category.
26         a.  The funding plan shall be developed based on an
27  analysis of expenditures made by each participating state
28  agency during the previous 2 fiscal years in which services
29  were provided for the target population or for individuals who
30  have characteristics that are similar to the target
31  population.
                                  31
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         b.  Based on the results of this cost analysis, funds
  2  shall be collected from each of the participating state
  3  agencies and deposited into a central financial account.
  4         c.  A financial body shall be designated to manage the
  5  pool of funds and shall have the capability to pay for
  6  individual services specified in a services plan.
  7         7.  Identify a care management entity that reports to
  8  the oversight body. For purposes of the demonstration models,
  9  the term "care management entity" means the entity that
10  assumes responsibility for the organization, planning,
11  purchasing, and management of mental health treatment services
12  to the target population in the demonstration model. The care
13  management entity may not provide direct services to the
14  target population. The care management entity shall:
15         a.  Manage the funds of the demonstration model within
16  budget allocations. The administrative costs associated with
17  the operation of the demonstration model must be itemized in
18  the entity's operating budget.
19         b.  Purchase individual services in a timely manner.
20         c.  Review the completed client assessment information
21  and complete additional assessments that are needed, including
22  an assessment of the strengths of the child or adolescent and
23  his or her family.
24         d.  Organize a child-family team to develop a single,
25  unified services plan for the child or adolescent, in
26  accordance with ss. 394.490-394.497. The team shall include
27  the parents and other family members of the child or
28  adolescent, friends and community-based supporters of the
29  child or adolescent, and appropriate service providers who are
30  familiar with the problems and needs of the child or
31  adolescent and his or her family. The plan must include a
                                  32
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  statement concerning the strengths of the child or adolescent
  2  and his or her family, and must identify the natural supports
  3  in the family and the community that might be used in
  4  addressing the service needs of the child or adolescent. A
  5  copy of the completed service plan shall be provided to the
  6  parents of the child or adolescent.
  7         e.  Identify a network of providers that meet the
  8  requirements of paragraph (b).
  9         f.  Identify informal, unpaid supporters, such as
10  persons from the child's or adolescent's neighborhood, civic
11  organizations, clubs, and churches.
12         g.  Identify additional service providers who can work
13  effectively with the child or adolescent and his or her
14  family, including, but not limited to, a home health aide,
15  mentor, respite care worker, and in-home behavioral health
16  care worker.
17         h.  Implement a case management system that
18  concentrates on the strengths of the child or adolescent and
19  his or her family and uses these strengths in case planning
20  and implementation activities. The case manager is primarily
21  responsible for developing the services plan and shall report
22  to the care management entity. The case manager shall monitor
23  and oversee the services provided by the network of providers.
24  The parents must be informed about contacting the care
25  management entity or comparable entity to address concerns of
26  the parents.
27
28  Each person or organization that performs any of the care
29  management responsibilities specified in this subparagraph is
30  responsible only to the care management entity. However, such
31  care management responsibilities do not preclude the person or
                                  33
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  organization from performing other responsibilities for
  2  another agency or provider.
  3         8.  Develop a mechanism for measuring compliance with
  4  the goals of the demonstration models specified in subsection
  5  (2), which mechanism includes qualitative and quantitative
  6  performance outcomes, report on compliance rates, and conduct
  7  quality improvement functions. At a minimum, the mechanism for
  8  measuring compliance must include the outcomes and measures
  9  established in the General Appropriations Act and the outcomes
10  and measures that are unique to the demonstration models.
11         9.  Develop mechanisms to ensure that family
12  representatives have a substantial role in planning the
13  demonstration model and in designing the instrument for
14  measuring the effectiveness of services provided.
15         10.  Develop and monitor grievance procedures.
16         11.  Develop policies to ensure that a child or
17  adolescent is not rejected or ejected from the demonstration
18  model because of a clinical condition or a specific service
19  need.
20         12.  Develop policies to require that a participating
21  state agency remains a part of the demonstration model for its
22  entire duration.
23         13.  Obtain training for the staff involved in all
24  aspects of the project.
25         Section 21.  Effective January 1, 2000, subsection (1)
26  of section 394.4985, Florida Statutes, 1998 Supplement, is
27  amended to read:
28         394.4985  Districtwide information and referral
29  network; implementation.--
30         (1)  Each service district of the Department of Health
31  Children and Family Services shall develop a detailed
                                  34
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  implementation plan for a districtwide comprehensive child and
  2  adolescent mental health information and referral network to
  3  be operational by July 1, 1999. The plan must include an
  4  operating budget that demonstrates cost efficiencies and
  5  identifies funding sources for the district information and
  6  referral network. The plan must be submitted by the department
  7  to the Legislature by October 1, 1998. The district shall use
  8  existing district information and referral providers if, in
  9  the development of the plan, it is concluded that these
10  providers would deliver information and referral services in a
11  more efficient and effective manner when compared to other
12  alternatives. The district information and referral network
13  must include:
14         (a)  A resource file that contains information about
15  the child and adolescent mental health services as described
16  in s. 394.495, including, but not limited to:
17         1.  Type of program;
18         2.  Hours of service;
19         3.  Ages of persons served;
20         4.  Program description;
21         5.  Eligibility requirements; and
22         6.  Fees.
23         (b)  Information about private providers and
24  professionals in the community which serve children and
25  adolescents with an emotional disturbance.
26         (c)  A system to document requests for services that
27  are received through the network referral process, including,
28  but not limited to:
29         1.  Number of calls by type of service requested;
30         2.  Ages of the children and adolescents for whom
31  services are requested; and
                                  35
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         3.  Type of referral made by the network.
  2         (d)  The ability to share client information with the
  3  appropriate community agencies.
  4         (e)  The submission of an annual report to the
  5  department, the Agency for Health Care Administration, the
  6  Department of Children and Family Services, and appropriate
  7  local government entities, which contains information about
  8  the sources and frequency of requests for information, types
  9  and frequency of services requested, and types and frequency
10  of referrals made.
11         Section 22.  Effective January 1, 2000, section 394.65,
12  Florida Statutes, is amended to read:
13         394.65  Short title.--This part may be cited shall be
14  known as "The Community Substance Alcohol, Drug Abuse, and
15  Mental Health Services Act."
16         Section 23.  Effective January 1, 2000, section 394.66,
17  Florida Statutes, is amended to read:
18         394.66  Legislative intent with respect to substance
19  alcohol, drug abuse, and mental health services.--It is the
20  intent of the Legislature to:
21         (1)  Promote and improve the mental health of the
22  citizens of the state through a system of comprehensive,
23  coordinated substance alcohol, drug abuse, and mental health
24  services.
25         (2)  Involve local citizens in the planning of
26  substance alcohol, drug abuse, and mental health services in
27  their communities.
28         (3)  Ensure that the all activities of the Department
29  of Health and Rehabilitative Services and its contractors are
30  directed toward the coordination with programs of the
31  Department of Children and Family Services in of planning
                                  36
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  efforts in substance alcohol, drug abuse, and mental health
  2  treatment services.
  3         (4)  Provide access to services to all residents of the
  4  state with priority of attention being given to individuals
  5  exhibiting symptoms of acute or chronic mental illness or
  6  substance abuse, alcohol abuse, or drug abuse.
  7         (5)  Ensure continuity of care, consistent with minimum
  8  standards, for persons who are released from a state treatment
  9  facility into the community.
10         (6)  Provide accountability for service provision
11  through statewide standards for management, monitoring, and
12  reporting of information.
13         (7)  Include substance alcohol, drug abuse, and mental
14  health services as a component of the integrated service
15  delivery system of the Department of Health and Rehabilitative
16  Services.
17         (8)  Ensure that the districts of the Department of
18  Health are the focal point of all substance alcohol, drug
19  abuse, and mental health planning activities, including budget
20  submissions, grant applications, contracts, and other
21  arrangements that can be effected at the district level.
22         (9)  Organize and finance community substance alcohol,
23  drug abuse, and mental health services in local communities
24  throughout the state through locally administered service
25  delivery programs that maximize the involvement of local
26  citizens.
27         Section 24.  Effective January 1, 2000, section 394.67,
28  Florida Statutes, 1998 Supplement is amended to read:
29         394.67  Definitions.--As used in this part, the term:
30         (1)  "Advisory council" means a district advisory
31  council.
                                  37
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (1)(2)  "Agency" means the Agency for Health Care
  2  Administration.
  3         (2)(3)  "Applicant" means an individual applicant, or
  4  any officer, director, agent, managing employee, or affiliated
  5  person, or any partner or shareholder having an ownership
  6  interest equal to a 5-percent or greater interest in the
  7  corporation, partnership, or other business entity.
  8         (3)(4)  "Client" means any individual receiving
  9  services in any substance alcohol, drug abuse, or mental
10  health facility, program, or service, which facility, program,
11  or service is operated, funded, or regulated by the agency and
12  the department or regulated by the agency.
13         (4)(5)  "Crisis stabilization unit" means a program
14  that provides an alternative to inpatient hospitalization and
15  that provides brief, intensive services 24 hours a day, 7 days
16  a week, for mentally ill individuals who are in an acutely
17  disturbed state.
18         (5)(6)  "Department" means the Department of Health
19  Children and Family Services.
20         (6)  "Deputy secretary" means the Deputy Secretary for
21  Behavioral Health Care of the Department of Health, or a
22  designee.
23         (7)  "Director" means any member of the official board
24  of directors reported in the organization's annual corporate
25  report to the Florida Department of State, or, if no such
26  report is made, any member of the operating board of
27  directors. The term excludes members of separate, restricted
28  boards that serve only in an advisory capacity to the
29  operating board.
30         (8)  "District administrator" means the person
31  appointed by the Secretary of Children and Family Services for
                                  38
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  the purpose of administering a department service district as
  2  set forth in s. 20.19.
  3         (8)(9)  "District plan" or "plan" means the combined
  4  district substance alcohol, drug abuse, and mental health plan
  5  approved by the district staff with the advice and
  6  participation of the local health council administrator and
  7  governing bodies in accordance with this part.
  8         (9)(10)  "Federal funds" means funds from federal
  9  sources for substance alcohol, drug abuse, or mental health
10  facilities and programs, exclusive of federal funds that are
11  deemed eligible by the Federal Government, and are eligible
12  through state regulation, for matching purposes.
13         (10)(11)  "Governing body" means the chief legislative
14  body of a county, a board of county commissioners, or boards
15  of county commissioners in counties acting jointly, or their
16  counterparts in a charter government.
17         (11)(12)  "Licensed facility" means a facility licensed
18  in accordance with this chapter.
19         (12)  "Local health council" means a council
20  established under s. 408.033. For purposes of this part, the
21  local health councils shall be involved in assessing the
22  substance abuse and mental health needs of the community and
23  shall participate in the development of a plan to address
24  those needs.
25         (13)  "Local matching funds" means funds received from
26  governing bodies of local government, including city
27  commissions, county commissions, district school boards,
28  special tax districts, private hospital funds, private gifts,
29  both individual and corporate, and bequests and funds received
30  from community drives or any other sources.
31
                                  39
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (14)  "Managing employee" means the administrator or
  2  other similarly titled individual who is responsible for the
  3  daily operation of the facility.
  4         (15)  "Patient fees" means compensation received by a
  5  community substance alcohol, drug abuse, or mental health
  6  facility for services rendered to clients from any source of
  7  funds, including city, county, state, federal, and private
  8  sources.
  9         (16)  "Premises" means those buildings, beds, and
10  facilities located at the main address of the licensee and all
11  other buildings, beds, and facilities for the provision of
12  acute or residential care which are located in such reasonable
13  proximity to the main address of the licensee as to appear to
14  the public to be under the dominion and control of the
15  licensee.
16         (17)  "Program office" means the Alcohol, Drug Abuse,
17  and Mental Health Program Office of the Department of Children
18  and Family Services.
19         (17)(18)  "Residential treatment facility" means a
20  facility providing residential care and treatment to
21  individuals exhibiting symptoms of mental illness who are in
22  need of a 24-hour-per-day, 7-day-a-week structured living
23  environment, respite care, or long-term community placement.
24         (18)(19)  "Service district" or "district" means a
25  community service area district as established by the
26  department under s. 20.19 for the purpose of providing
27  community substance alcohol, drug abuse, and mental health
28  services.
29         (19)(20)  "Service provider" means any agency in which
30  all or any portion of the programs or services set forth in s.
31  394.675 are carried out.
                                  40
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         Section 25.  Effective January 1, 2000, section
  2  394.675, Florida Statutes, is amended to read:
  3         394.675  Substance Alcohol, drug abuse, and mental
  4  health service system.--
  5         (1)  A system of comprehensive substance alcohol, drug
  6  abuse, and mental health services shall be established as
  7  follows:
  8         (a)  "Primary care services" are those services which,
  9  at a minimum, must be made available in each service district
10  to persons who have acute or chronic mental illnesses, who are
11  acute or chronic drug dependents, and who are acute or chronic
12  alcohol abusers to provide them with immediate care and
13  treatment in crisis situations and to prevent further
14  deterioration or exacerbation of their conditions.  These
15  services include, but are not limited to,
16  emergency-stabilization services, detoxification services,
17  inpatient services, residential services, and case management
18  services.
19         (b)  "Rehabilitative services" are those services which
20  are made available to the general population at risk of
21  serious mental health problems or substance abuse problems or
22  which are provided as part of a rehabilitative program.  These
23  services are designed to prepare or train persons to function
24  within the limits of their disabilities, to restore previous
25  levels of functioning, or to improve current levels of
26  inadequate functioning. Rehabilitative services include, but
27  are not limited to, outpatient services, day treatment
28  services, and partial hospitalization services.
29         (c)  "Preventive services" are those services which are
30  made available to the general population for the purpose of
31  preventing or ameliorating the effects of alcohol abuse, drug
                                  41
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  abuse, or mental illness.  These services emphasize the
  2  reduction of the occurrence of emotional disorders, mental
  3  disorders, and substance abuse through public education, early
  4  detection, and timely intervention.  Preventive services
  5  include consultation, public education, and prevention
  6  services which have been determined through the district
  7  planning process to be necessary to complete a continuum of
  8  services as required by this part and which are included in
  9  the district plan.
10         (2)  Notwithstanding the provisions of this part, funds
11  which are provided through state and federal sources for
12  specific services shall be used for those purposes.
13         Section 26.  Effective January 1, 2000, section 394.73,
14  Florida Statutes, is amended to read:
15         394.73  Joint substance alcohol, drug abuse, and mental
16  health service programs in two or more counties.--
17         (1)  Subject to rules established by the department,
18  any county within a service district shall have the same power
19  to contract for substance alcohol, drug abuse, and mental
20  health services as the department has under existing statutes.
21         (2)  In order to carry out the intent of this part and
22  to provide substance alcohol, drug abuse, and mental health
23  services in accordance with the district plan, the counties
24  within a service district may enter into agreements with each
25  other for the establishment of joint service programs.  The
26  agreements may provide for the joint provision or operation of
27  services and facilities or for the provision or operation of
28  services and facilities by one participating county under
29  contract with other participating counties.
30         (3)  When a service district comprises two or more
31  counties or portions thereof, it is the obligation of the
                                  42
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  department planning council to submit to the governing bodies,
  2  prior to the budget submission date of each governing body, an
  3  estimate of the proportionate share of costs of substance
  4  alcohol, drug abuse, and mental health services proposed to be
  5  borne by each such governing body.
  6         (4)  Any county desiring to withdraw from a joint
  7  program may submit to the district staff administrator a
  8  resolution requesting withdrawal therefrom together with a
  9  plan for the equitable adjustment and division of the assets,
10  property, debts, and obligations, if any, of the joint
11  program.
12         Section 27.  Effective January 1, 2000, section 394.74,
13  Florida Statutes, is amended to read:
14         394.74  Contracts for provision of local substance
15  alcohol, drug abuse, and mental health programs.--
16         (1)  The department, when funds are available for such
17  purposes, is authorized to contract for the establishment and
18  operation of local substance alcohol, drug abuse, and mental
19  health programs with any hospital, clinic, laboratory,
20  institution, or other appropriate service provider.
21         (2)  Contracts for service shall be consistent with the
22  approved district plan and the service priorities established
23  in s. 394.75(4).
24         (3)  Contracts shall include, but are not limited to:
25         (a)  A provision that, within the limits of available
26  resources, primary care alcohol, drug abuse, and mental health
27  services shall be available to any individual residing or
28  employed within the service area, regardless of ability to pay
29  for such services, current or past health condition, or any
30  other factor;
31
                                  43
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (b)  A provision that such services be available with
  2  priority of attention being given to individuals who exhibit
  3  symptoms of chronic or acute alcoholism, drug abuse, or mental
  4  illness and who are unable to pay the cost of receiving such
  5  services;
  6         (c)  A provision that every reasonable effort to
  7  collect appropriate reimbursement for the cost of providing
  8  substance alcohol, drug abuse, and mental health services to
  9  persons able to pay for services, including first-party
10  payments and third-party payments, shall be made by facilities
11  providing services pursuant to this part act;
12         (d)  A program description and line-item operating
13  budget by program service component for substance alcohol,
14  drug abuse, and mental health services, provided the entire
15  proposed operating budget for the service provider will be
16  displayed; and
17         (e)  A requirement that the contractor must conform to
18  department rules and the priorities established thereunder.
19         (4)  The department shall develop standard contract
20  forms for use between the department district administrator
21  and community substance alcohol, drug abuse, and mental health
22  service providers.
23         (5)  Nothing in this part prevents any city or county,
24  or combination of cities and counties, from owning, financing,
25  and operating an alcohol, drug abuse, or mental health program
26  by entering into an arrangement with the department district
27  to provide, and be reimbursed for, services provided as part
28  of the district plan.
29         Section 28.  Effective January 1, 2000, section 394.75,
30  Florida Statutes, is amended to read:
31
                                  44
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         394.75  District substance alcohol, drug abuse, and
  2  mental health plans.--
  3         (1)(a)  The district staff, in consultation with the
  4  local health planning council, shall prepare a combined
  5  district substance alcohol, drug abuse, and mental health
  6  plan.  The plan shall be prepared on a biennial basis and
  7  shall be reviewed annually and shall reflect both the program
  8  priorities established by the department and the needs of the
  9  district. The district staff has primary responsibility for
10  the preparation of the plan and the inclusion of the
11  department's priorities. The local health council has primary
12  responsibility for identifying the substance abuse and mental
13  health needs of the region. The local health and human
14  services board of the Department of Children and Family
15  Services shall be afforded the opportunity to participate in
16  the development of the district plan.  The plan shall include
17  a program description and line-item budget by program service
18  component for substance alcohol, drug abuse, and mental health
19  service providers that will receive state funds.  The entire
20  proposed operating budget for each service provider shall be
21  displayed.  A schedule, format, and procedure for development
22  and review of the plan shall be promulgated by the department.
23         (b)  The plan shall be submitted by the district staff
24  planning council to the department district administrator and
25  to the governing bodies for review, comment, and approval, as
26  provided in subsection (9).
27         (2)  The plan shall:
28         (a)  Provide a projection of district program and
29  fiscal needs for the next biennium, provide for the orderly
30  and economical development of needed services, and indicate
31  priorities and anticipated expenditures and revenues.
                                  45
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (b)  Include a summary budget request for the total
  2  district substance alcohol, drug abuse, and mental health
  3  program which shall include the funding priorities established
  4  by the district planning process.
  5         (c)  Provide a basis for the district legislative
  6  budget request.
  7         (d)  Include a policy and procedure for allocation of
  8  funds.
  9         (e)  Include a procedure for securing local matching
10  funds. Such a procedure shall be developed in consultation
11  with governing bodies and service providers.
12         (f)  Provide for the integration of substance alcohol,
13  drug abuse, and mental health services with the other
14  departmental programs, and with the programs of the Department
15  of Children and Family Services, and with the criminal justice
16  system within the district.
17         (g)  Provide a plan for the coordination of services in
18  such manner as to ensure effectiveness and avoid duplication,
19  fragmentation of services, and unnecessary expenditures.
20         (h)  Provide for continuity of client care between
21  state treatment facilities and community programs.
22         (i)  Provide for the most appropriate and economical
23  use of all existing public and private agencies and personnel.
24         (j)  Provide for the fullest possible and most
25  appropriate participation by existing programs; state
26  hospitals and other hospitals; city, county, and state health
27  and family service agencies; drug abuse and alcoholism
28  programs; probation departments; physicians; psychologists;
29  social workers; public health nurses; school systems; and all
30  other public and private agencies and personnel which are
31  required to, or may agree to, participate in the plan.
                                  46
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (k)  Include an inventory of all public and private
  2  substance alcohol, drug abuse, and mental health resources
  3  within the district, including consumer advocacy groups
  4  registered with the department.
  5         (3)  The plan shall address how primary care services
  6  will be provided and how a continuum of services will be
  7  provided given the resources available in the service
  8  district.
  9         (4)  The plan shall provide the means by which the
10  needs of the following population groups having priority will
11  be addressed in the district:
12         (a)  Chronic public inebriates;
13         (b)  Marginally functional alcoholics;
14         (c)  Chronic opiate abusers;
15         (d)  Poly-drug abusers;
16         (e)  Chronically mentally ill individuals;
17         (f)  Acutely mentally ill individuals;
18         (g)  Severely emotionally disturbed children and
19  adolescents;
20         (h)  Elderly persons at high risk of
21  institutionalization; and
22         (i)  Individuals returned to the community from a state
23  mental health treatment facility.
24         (5)  In developing the plan, optimum use shall be made
25  of any federal, state, and local funds that may be available
26  for substance alcohol, drug abuse, and mental health service
27  planning.
28         (6)  The local health planning council shall establish
29  a subcommittee to prepare its the portion of the district plan
30  relating to children and adolescents. The subcommittee shall
31  include representative membership of any committee organized
                                  47
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  or established within by the district to review placement of
  2  children and adolescents in residential treatment programs.
  3         (7)  All departments of state government and all local
  4  public agencies shall cooperate with officials to assist them
  5  in service planning. The department Each district
  6  administrator shall, upon request and the availability of
  7  staff, provide consultative services to the local agency
  8  directors and governing bodies.
  9         (8)  The district staff administrator shall ensure that
10  the district plan:
11         (a)  Conforms to the priorities in the state plan, the
12  requirements of this part, and the standards adopted under
13  this part;
14         (b)  Ensures that the most effective and economical use
15  will be made of available public and private substance
16  alcohol, drug abuse, and mental health resources in the
17  service district; and
18         (c)  Has adequate provisions made for review and
19  evaluation of the services provided in the service district.
20         (9)  The deputy secretary district administrator shall
21  require such modifications in the district plan as he or she
22  deems necessary to bring the plan into conformance with the
23  provisions of this part. If the local health district planning
24  council and the district staff administrator cannot agree on
25  the plan, including the projected budget, the issues under
26  dispute shall be submitted directly to the deputy secretary of
27  the department for immediate resolution.
28         (10)  Each governing body that provides local funds has
29  the authority to require necessary modification to only that
30  portion of the district plan which affects substance alcohol,
31
                                  48
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  drug abuse, and mental health programs and services within the
  2  jurisdiction of that governing body.
  3         (11)  The deputy secretary district administrator shall
  4  report annually to the local health district planning council
  5  the status of funding for priorities established in the
  6  district plan.  Each report must include:
  7         (a)  A description of the district plan priorities that
  8  were included in the district legislative budget request.;
  9         (b)  A description of the district plan priorities that
10  were included in the departmental budget request. prepared
11  under s. 20.19;
12         (c)  A description of the programs and services
13  included in the district plan priorities that were
14  appropriated funds by the Legislature in the legislative
15  session that preceded the report.
16         Section 29.  Effective January 1, 2000, section 394.76,
17  Florida Statutes, is amended to read:
18         394.76  Financing of district programs and
19  services.--If the local match funding level is not provided in
20  the General Appropriations Act or the substantive bill
21  implementing the General Appropriations Act, such funding
22  level shall be provided as follows:
23         (1)  The deputy secretary district administrator shall
24  ensure that, to the extent possible within available
25  resources, a continuum of integrated and comprehensive
26  services will be available within the district.
27         (2)  If in any fiscal year the approved state
28  appropriation is insufficient to finance the programs and
29  services specified by this part, the department shall have the
30  authority to determine the amount of state funds available to
31  each service district for such purposes in accordance with the
                                  49
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  priorities in both the state and district plans.  The district
  2  staff administrator shall consult with the local health
  3  planning council to ensure that the summary operating budget
  4  conforms to the approved plan.
  5         (3)  The state share of financial participation shall
  6  be determined by the following formula:
  7         (a)  The state share of approved program costs shall be
  8  a percentage of the net balance determined by deducting from
  9  the total operating cost of services and programs, as
10  specified in s. 394.675(1), those expenditures which are
11  ineligible for state participation as provided in subsection
12  (7) and those ineligible expenditures established by rule of
13  the department pursuant to s. 394.78.
14         (b)  Residential and case management services which are
15  funded as part of a deinstitutionalization project shall not
16  require local matching funds and shall not be used as local
17  matching funds.  The state and federal financial participation
18  portions of Medicaid earnings pursuant to Title XIX of the
19  Social Security Act, except for the amount of general revenue
20  equal to the amount appropriated in 1985-1986 plus all other
21  general revenue that is shifted from any other substance
22  alcohol, drug abuse, and mental health appropriation category
23  after fiscal year 1986-1987, shall not require local matching
24  funds and shall not be used as local matching funds. Local
25  matching funds are not required for general revenue
26  transferred by the department into substance alcohol, drug
27  abuse, and mental health appropriations categories during a
28  fiscal year to match federal funds earned from Medicaid
29  services provided for mental health clients in excess of the
30  amounts initially appropriated. Funds for children's services
31  which were provided through the Children, Youth, and Families
                                  50
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  Services budget which did not require local match prior to
  2  being transferred to the Alcohol, Drug Abuse, and Mental
  3  Health Services budget shall be exempt from local matching
  4  requirements.  All other contracted community alcohol and
  5  mental health services and programs, except as identified in
  6  s. 394.457(3), shall require local participation on a 75-to-25
  7  state-to-local ratio.
  8         (c)  The expenditure of 100 percent of all third-party
  9  payments and fees shall be considered as eligible for state
10  financial participation if such expenditures are in accordance
11  with subsection (7) and the approved district plan.
12         (d)  Fees generated by residential and case management
13  services which are funded as part of a deinstitutionalization
14  program and do not require local matching funds shall be used
15  to support program costs approved in the district plan.
16         (e)  Any earnings pursuant to Title XIX of the Social
17  Security Act in excess of the amount appropriated shall be
18  used to support program costs approved in the district plan.
19         (4)  Notwithstanding the provisions of subsection (3),
20  the department is authorized to develop and demonstrate
21  alternative financing systems for substance alcohol, drug
22  abuse, and mental health services.  Proposals for
23  demonstration projects conducted pursuant to this subsection
24  shall be reviewed by the substantive and appropriations
25  committees of the Senate and the House of Representatives
26  prior to implementation of the projects.
27         (5)  The department is authorized to make
28  investigations and to require audits of expenditures.  The
29  department may authorize the use of private certified public
30  accountants for such audits.  Audits shall follow department
31  guidelines.
                                  51
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (6)  Claims for state payment shall be made in such
  2  form and in such manner as the department determines.
  3         (7)  The expenditures which are subject to state
  4  payment include expenditures that are approved in the district
  5  plan for: salaries of personnel; approved facilities and
  6  services provided through contract; operation, maintenance,
  7  and service cost; depreciation of facilities; and such other
  8  expenditures as may be approved by the department district
  9  administrator.  Such expenditures do not include expenditures
10  for compensation to members of a community agency board,
11  except the actual and necessary expenses incurred in the
12  performance of official duties, or expenditures for a purpose
13  for which state payment is claimed under any other provision
14  of law.
15         (8)  Expenditures for capital improvements relating to
16  construction of, addition to, purchase of, or renovation of a
17  community alcohol, drug abuse, or mental health facility may
18  be made by the state, provided such expenditures or capital
19  improvements are part and parcel of an approved district plan.
20  Nothing shall prohibit the use of such expenditures for the
21  construction of, addition to, renovation of, or purchase of
22  facilities owned by a county, city, or other governmental
23  agency of the state or a nonprofit entity.  Such expenditures
24  are subject to the provisions of subsection (6).
25         (9)(a)  State funds for community alcohol and mental
26  health services shall be matched by local matching funds as
27  provided in paragraph (3)(b).  The governing bodies within a
28  district or subdistrict shall be required to participate in
29  the funding of alcohol and mental health services under the
30  jurisdiction of such governing bodies. The amount of the
31  participation shall be at least that amount which, when added
                                  52
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  to other available local matching funds, is necessary to match
  2  state funds.
  3         (b)  The provisions of paragraph (a) to the contrary
  4  notwithstanding, no additional matching funds may be required
  5  solely due to the addition in the General Appropriations Act
  6  of Alcohol, Drug Abuse, and Mental Health Block Grant Funds
  7  for local community mental health centers and alcohol project
  8  grants.
  9         (10)  A local governing body is authorized to
10  appropriate moneys, in lump sum or otherwise, from its public
11  funds for the purpose of carrying out the provisions of this
12  part.  In addition to the payment of claims upon submission of
13  proper vouchers, such moneys may also, at the option of the
14  governing body, be disbursed in the form of a lump-sum or
15  advance payment for services for expenditure, in turn, by the
16  recipient of the disbursement without prior audit by the
17  auditor of the governing body.  Such funds shall be expended
18  only for substance alcohol, drug abuse, or mental health
19  purposes as provided in the approved district plan.  Each
20  governing body appropriating and disbursing moneys pursuant to
21  this subsection shall require the expenditure of such moneys
22  by the recipient of the disbursement to be audited annually
23  either in conjunction with an audit of other expenditures or
24  by a separate audit.  Such annual audits shall be furnished to
25  the governing bodies of each participating county and
26  municipality for their examination.
27         (11)  No additional local matching funds shall be
28  required solely due to the addition in the General
29  Appropriations Act of Alcohol, Drug Abuse, and Mental Health
30  Block Grant Funds for local community mental health centers,
31  drug abuse programs, and alcohol project grants.
                                  53
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         Section 30.  Effective January 1, 2000, subsection (1)
  2  of section 394.77, Florida Statutes, is amended to read:
  3         394.77  Uniform management information, accounting, and
  4  reporting systems for providers.--The department shall
  5  establish, for the purposes of control of costs:
  6         (1)  A uniform management information system and fiscal
  7  accounting system for use by providers of community substance
  8  alcohol, drug abuse, and mental health services.
  9         Section 31.  Effective January 1, 2000, section 394.78,
10  Florida Statutes, 1998 Supplement, is amended to read:
11         394.78  Operation and administration; personnel
12  standards; procedures for audit and monitoring of service
13  providers; resolution of disputes.--
14         (1)(a)  The Department of Health Children and Family
15  Services shall administer this part and shall adopt rules
16  necessary for its administration. In addition to other
17  rulemaking authority, the department may adopt financial rules
18  relating to conflicts of interest; related party transactions;
19  full disclosure of revenue funds and expenses; charts of
20  accounts for state reporting; auditing; penalties for
21  nonperformance; benefit packages; performance outcomes,
22  including client satisfaction and functional assessments;
23  nonpayment and suspended payments for failure to timely submit
24  required client service reports; and client financial
25  eligibility requirements.
26         (b)  Rules of the department shall be adopted in
27  accordance with the Administrative Procedure Act under chapter
28  120.
29         (2)  The department shall, by rule, establish standards
30  of education and experience for professional and technical
31
                                  54
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  personnel employed in substance alcohol, drug abuse, and
  2  mental health programs.
  3         (3)  The department shall establish, to the extent
  4  possible, a standardized auditing procedure for substance
  5  alcohol, drug abuse, and mental health service providers; and
  6  audits of service providers shall be conducted pursuant to
  7  such procedure and the applicable department rules.  Such
  8  procedure shall be supplied to all current and prospective
  9  contractors and subcontractors prior to the signing of any
10  contracts.
11         (4)  The department shall monitor service providers for
12  compliance with contracts and applicable state and federal
13  regulations. If an adult substance abuse services provider
14  fails to meet the performance standards established in the
15  contract, the department may allow a reasonable period, not to
16  exceed 6 months, for the provider to correct performance
17  deficiencies. If the performance deficiencies are not resolved
18  to the satisfaction of the department within 6 months, the
19  department must cancel the contract with the adult substance
20  abuse provider, unless there is no other qualified provider in
21  the service area.  A representative of the district planning
22  council shall be represented on the monitoring team.
23         (5)  In unresolved disputes regarding this part or
24  rules established pursuant to this part, providers and
25  district planning councils shall adhere to formal procedures
26  as provided by the rules established by the department.
27         Section 32.  Effective January 1, 2000, section 394.79,
28  Florida Statutes, is amended to read:
29         394.79  State substance alcohol, drug abuse, and mental
30  health plan.--
31
                                  55
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (1)  The department shall prepare a biennial plan for
  2  the delivery and financing of a system of substance alcohol,
  3  drug abuse, and mental health services.  The plan shall
  4  include:
  5         (a)  The current and projected need for substance
  6  alcohol, drug abuse, and mental health services, displayed
  7  statewide and by district, and the extent to which the need is
  8  being addressed by existing services.
  9         (b)  A proposal for the development of a data system
10  that will evaluate the effectiveness of programs and services
11  provided to clients of the substance alcohol, drug abuse, and
12  mental health service system.
13         (c)  A proposal to resolve the funding discrepancies
14  between districts.
15         (d)  A methodology for the allocation of resources
16  available from federal, state, and local sources and a
17  description of the current level of funding available from
18  each source.
19         (e)  A description of the statewide priorities for
20  clients and services and each district's priorities for
21  clients and services.
22         (f)  Recommendations for methods of enhancing local
23  participation in the planning, organization, and financing of
24  substance alcohol, drug abuse, and mental health services.
25         (g)  A description of the current methods of
26  contracting for services, an assessment of the efficiency of
27  these methods in providing accountability for contracted
28  funds, and recommendations for improvements to the system of
29  contracting.
30         (h)  Recommendations for improving access to services
31  by clients and their families.
                                  56
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (i)  Guidelines and formats for the development of
  2  district plans.
  3         (j)  Recommendations for future directions for the
  4  substance alcohol, drug abuse, and mental health service
  5  delivery system.
  6         (2)  The department shall prepare the state plan in
  7  consultation with district staff administrators, state
  8  treatment facility administrators, and local health district
  9  planning councils.
10         (3)  A copy of the state plan shall be submitted to the
11  Legislature and each local health district planning council.
12  A summary budget request and a summary statement of priorities
13  from each service district shall be attached to the plan.
14         Section 33.  Effective January 1, 2000, subsection (9)
15  and paragraph (a) of subsection (19) of section 397.311,
16  Florida Statutes, 1998 Supplement, are amended to read:
17         397.311  Definitions.--As used in this chapter, except
18  part VIII:
19         (9)  "Department" means the Department of Health and
20  Rehabilitative Services.
21         (19)  "Licensed service provider" means a public agency
22  under this chapter, a private for-profit or not-for-profit
23  agency under this chapter, a physician licensed under chapter
24  458 or chapter 459, or any other private practitioner licensed
25  under this chapter, or a hospital licensed under chapter 395,
26  which offers substance abuse impairment services through one
27  or more of the following licensable service components:
28         (a)  Addictions receiving facility, which is a
29  community-based facility designated by the department to
30  receive, screen, and assess clients found to be substance
31  abuse impaired, in need of emergency treatment for substance
                                  57
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  abuse impairment, or impaired by substance abuse to such an
  2  extent as to meet the criteria for involuntary admission in s.
  3  397.675, and to provide detoxification and stabilization.  An
  4  addictions receiving facility must be state-owned,
  5  state-operated, or state-contracted, and licensed pursuant to
  6  rules adopted by the department's Division of Substance Abuse
  7  Alcohol, Drug Abuse, and Mental Health Program Office which
  8  include specific authorization for the provision of levels of
  9  care and a requirement of separate accommodations for adults
10  and minors. Addictions receiving facilities are designated as
11  secure facilities to provide an intensive level of care and
12  must have sufficient staff and the authority to provide
13  environmental security to handle aggressive and
14  difficult-to-manage behavior and deter elopement.
15         Section 34.  Effective January 1, 2000, subsections
16  (14), (17), and (18) of section 397.321, Florida Statutes,
17  1998 Supplement, are amended to read:
18         397.321  Duties of the department.--The department
19  shall:
20         (14)  In cooperation with service providers, foster and
21  actively seek additional funding to enhance resources for
22  prevention, intervention, and treatment services, including
23  but not limited to the development of partnerships with:
24         (a)  Private industry.
25         (b)  Interdepartmental program offices, including, but
26  not limited to, children and families; delinquency services;
27  health services; economic self-sufficiency services; and
28  children's medical services.
29         (c)  State agencies, including, but not limited to, the
30  Departments of Children and Family Services, Corrections,
31  Education, Community Affairs, Elderly Affairs, and Insurance.
                                  58
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (17)  Provide sufficient and qualified staff to oversee
  2  all contracting, licensing, and planning functions within each
  3  of its district offices, as permitted by legislative
  4  appropriation.
  5         (17)(18)  Ensure that the department develops and
  6  ensures the implementation of procedures between its Division
  7  of Substance Abuse and other departments Alcohol, Drug Abuse,
  8  and Mental Health Program Office and other departmental
  9  programs, particularly the Department of Children and Family
10  Services and the Department of Juvenile Justice Children and
11  Families Program Office and the delinquency Services Program
12  Office, regarding the referral of substance abuse impaired
13  persons to service providers, information on service
14  providers, information on methods of identifying substance
15  abuse impaired juveniles, and procedures for referring such
16  juveniles to appropriate service providers.
17         Section 35.  Effective January 1, 2000, section
18  397.481, Florida Statutes, is amended to read:
19         397.481  Applicability of Community Substance Alcohol,
20  Drug Abuse, and Mental Health Services Act.--All service
21  providers as defined in and governed by this chapter are also
22  subject to part IV of chapter 394, the Community Substance
23  Alcohol, Drug Abuse, and Mental Health Services Act.
24         Section 36.  Effective January 1, 2000, subsections (2)
25  and (3) of section 397.706, Florida Statutes, 1998 Supplement,
26  are amended to read:
27         397.706  Screening, assessment, and disposition of
28  juvenile offenders.--
29         (2)  The juvenile and circuit courts, in conjunction
30  with the department district administration, shall establish
31  policies and procedures to ensure that juvenile offenders are
                                  59
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  appropriately screened for substance abuse problems and that
  2  diversionary and adjudicatory proceedings include appropriate
  3  conditions and sanctions to address substance abuse problems.
  4  Policies and procedures must address:
  5         (a)  The designation of local service providers
  6  responsible for screening and assessment services and
  7  dispositional recommendations to the department and the court.
  8         (b)  The means by which juvenile offenders are
  9  processed to ensure participation in screening and assessment
10  services.
11         (c)  The role of the court in securing assessments when
12  juvenile offenders or their families are noncompliant.
13         (d)  Safeguards to ensure that information derived
14  through screening and assessment is used solely to assist in
15  dispositional decisions and not for purposes of determining
16  innocence or guilt.
17         (3)  Because resources available to support screening
18  and assessment services are limited, the judicial circuits and
19  the department district administration must develop those
20  capabilities to the extent possible within available resources
21  according to the following priorities:
22         (a)  Juvenile substance abuse offenders.
23         (b)  Juvenile offenders who are substance abuse
24  impaired at the time of the offense.
25         (c)  Second or subsequent juvenile offenders.
26         (d)  Minors taken into custody.
27         Section 37.  Effective January 1, 2000, subsection (3)
28  of section 397.753, Florida Statutes, is amended to read:
29         397.753  Definitions.--As used in this part:
30         (3)  "Inmate substance abuse services" means any
31  service component as defined in s. 397.311 provided directly
                                  60
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  by the Department of Corrections and licensed and regulated by
  2  the Department of Health and Rehabilitative Services pursuant
  3  to s. 397.406, or provided through contractual arrangements
  4  with a service provider licensed pursuant to part II; or any
  5  self-help program or volunteer support group operating for
  6  inmates.
  7         Section 38.  Effective January 1, 2000, subsection (6)
  8  of section 397.754, Florida Statutes, is amended to read:
  9         397.754  Duties and responsibilities of the Department
10  of Corrections.--The Department of Corrections shall:
11         (6)  In cooperation with other agencies, actively seek
12  to enhance resources for the provision of treatment services
13  for inmates and to develop partnerships with other state
14  agencies, including but not limited to the Departments of
15  Health, Children and Family and Rehabilitative Services,
16  Education, Community Affairs, and Law Enforcement.
17         Section 39.  Effective January 1, 2000, subsections (2)
18  and (3) of section 397.801, Florida Statutes, are amended to
19  read:
20         397.801  Substance abuse impairment coordination.--
21         (2)  The Department of Health, the Department of
22  Children and Family and Rehabilitative Services, the
23  Department of Education, the Department of Corrections, the
24  Department of Community Affairs, and the Department of Law
25  Enforcement each shall appoint a policy level staff person to
26  serve as the agency substance abuse impairment coordinator.
27  The responsibilities of the agency coordinator include
28  interagency and intraagency coordination, collection and
29  dissemination of agency-specific data relating to substance
30  abuse impairment, and participation in the development of the
31  state comprehensive plan for substance abuse impairment.
                                  61
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (3)  The department may shall establish, within each of
  2  its service districts, the full-time position of substance
  3  abuse impairment prevention coordinator, to be filled by a
  4  person with expertise in the area of substance abuse
  5  impairment.  The primary responsibility of this person is to
  6  develop and implement activities which foster the prevention
  7  of substance abuse impairment.
  8         Section 40.  Effective January 1, 2000, subsections (1)
  9  and (3) of section 397.821, Florida Statutes, are amended to
10  read:
11         397.821  Juvenile substance abuse impairment prevention
12  and early intervention councils.--
13         (1)  Each judicial circuit as set forth in s. 26.021
14  may establish a juvenile substance abuse impairment prevention
15  and early intervention council composed of at least 12
16  members, including representatives from law enforcement, the
17  department, school districts, state attorney and public
18  defender offices, the circuit court, the religious community,
19  substance abuse impairment professionals, child advocates from
20  the community, business leaders, parents, and high school
21  students. However, those circuits which already have in
22  operation a council of similar composition may designate the
23  existing body as the juvenile substance abuse impairment
24  prevention and early intervention council for the purposes of
25  this section. Each council shall establish bylaws providing
26  for the length of term of its members, but the term may not
27  exceed 4 years. The Deputy Secretary for Behavioral Health
28  Care district administrator, as defined in s. 20.19, and the
29  chief judge of the circuit court shall each appoint six
30  members of the council. The deputy secretary district
31  administrator shall appoint a representative from the
                                  62
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  department, a school district representative, a substance
  2  abuse impairment treatment professional, a child advocate, a
  3  parent, and a high school student. The chief judge of the
  4  circuit court shall appoint a business leader and
  5  representatives from the state attorney's office, the public
  6  defender's office, the religious community, the circuit court,
  7  and law enforcement agencies.
  8         (3)  The council shall provide recommendations to the
  9  Statewide Coordinator for Substance Abuse Impairment
10  Prevention and Treatment and to the Deputy Secretary for
11  Behavioral Health Care Assistant Secretary for Alcohol, Drug
12  Abuse, and Mental Health annually for consideration for
13  inclusion in the state comprehensive plan for substance abuse
14  impairment, and also to the local health district alcohol,
15  drug abuse, and mental health planning councils for
16  consideration for inclusion in the district substance alcohol,
17  drug abuse, and mental health plans.
18         Section 41.  Effective January 1, 2000, subsection (4)
19  of section 397.901, Florida Statutes, is amended to read:
20         397.901  Prototype juvenile addictions receiving
21  facilities.--
22         (4)  The Department of Juvenile Justice shall adopt
23  rules necessary to implement this section. The rules must be
24  written by the Deputy Secretary for Behavioral Health Care of
25  the Department of Health department's Alcohol, Drug Abuse, and
26  Mental Health Program Office and must specify criteria for
27  staffing and services delineated for the provision of
28  graduated levels of care from nonintensive to environmentally
29  secure for the handling of aggressive and difficult-to-manage
30  behavior and the prevention of elopement.
31
                                  63
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         Section 42.  Effective January 1, 2000, paragraph (f)
  2  of subsection (2) of section 400.0065, Florida Statutes, is
  3  amended to read:
  4         400.0065  State Long-Term Care Ombudsman; duties and
  5  responsibilities; conflict of interest.--
  6         (2)  The State Long-Term Care Ombudsman shall have the
  7  duty and authority to:
  8         (f)  Perform the duties specified in state and federal
  9  law without interference by officials of the Department of
10  Elderly Affairs, the Agency for Health Care Administration,
11  the Department of Health, or the Department of Children and
12  Family Health and Rehabilitative Services.  The ombudsman
13  shall report to the Governor, the President of the Senate, and
14  the Speaker of the House of Representatives whenever
15  organizational or departmental policy issues threaten the
16  ability of the Office of State Long-Term Care Ombudsman to
17  carry out its duties under state or federal law.
18         Section 43.  Effective January 1, 2000, subsection (2)
19  of section 400.435, Florida Statutes, is amended to read:
20         400.435  Maintenance of records; reports.--
21         (2)  Within 60 days after the date of the biennial
22  inspection visit or within 30 days after the date of any
23  interim visit, the agency shall forward the results of the
24  inspection to the district ombudsman council in whose planning
25  and service area, as defined in part II, the facility is
26  located; to at least one public library or, in the absence of
27  a public library, the county seat in the county in which the
28  inspected assisted living facility is located; and, when
29  appropriate, to the district Children and Families Program
30  Office and the district office of the Division of Mental
31  Health and Division of Substance Abuse of the Department of
                                  64
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  Health adult services and district alcohol, drug abuse, and
  2  mental health program offices.
  3         Section 44.  Effective January 1, 2000, paragraphs (f)
  4  and (g) of subsection (1) of section 400.4415, Florida
  5  Statutes, are amended to read:
  6         400.4415  Assisted living facilities advisory
  7  committee.--
  8         (1)  There is created the assisted living facilities
  9  advisory committee, which shall assist the agency in
10  developing and implementing a pilot rating system for
11  facilities. The committee shall consist of nine members who
12  are to be appointed by, and report directly to, the director
13  of the agency.  The membership is to include:
14         (f)  One representative from the Children and Families
15  Program Office aging and adult services program of the
16  Department of Children and Family Health and Rehabilitative
17  Services.
18         (g)  One representative from the Division of Mental
19  Health or the Division of Substance Abuse alcohol, drug abuse,
20  and mental health program of the Department of Health and
21  Rehabilitative Services.
22         Section 45.  Effective January 1, 2000, section
23  402.165, Florida Statutes, 1998 Supplement, is amended to
24  read:
25         402.165  Statewide Human Rights Advocacy Committee;
26  confidential records and meetings.--
27         (1)  There is created within the Department of Children
28  and Family Health and Rehabilitative Services a Statewide
29  Human Rights Advocacy Committee.  The Department of Children
30  and Family Health and Rehabilitative Services shall provide
31  administrative support and service to the committee to the
                                  65
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  extent requested by the executive director within available
  2  resources.  The Statewide Human Rights Advocacy Committee
  3  shall not be subject to control, supervision, or direction by
  4  the Department of Children and Family Health and
  5  Rehabilitative Services in the performance of its duties.  The
  6  committee shall consist of 15 citizens, one from each service
  7  district of the Department of Children and Family Health and
  8  Rehabilitative Services, who broadly represent the interests
  9  of the public and the clients of that department or the
10  Division of Mental Health or Division of Substance Abuse of
11  the Department of Health.  The members shall be representative
12  of five groups of citizens as follows:  one elected public
13  official; one provider who delivers two providers who deliver
14  services or programs to clients of the Department of Children
15  and Family Health and Rehabilitative Services; one provider
16  who delivers services or programs to clients of the Division
17  of Mental Health or the Division of Substance Abuse of the
18  Department of Health; four nonsalaried representatives of
19  nonprofit agencies or civic groups; four representatives of
20  health and rehabilitative services consumer groups who are
21  currently receiving, or have received, services from the
22  Department of Children and Family Health and Rehabilitative
23  Services or the Division of Mental Health or Division of
24  Substance Abuse of the Department of Health within the past 4
25  years, at least one of whom must be a consumer; and four
26  residents of the state who do not represent any of the
27  foregoing groups, two of whom represent health-related
28  professions and two of whom represent the legal profession.
29  In appointing the representatives of the health-related
30  professions, the appointing authority shall give priority of
31  consideration to a physician licensed under chapter 458 or
                                  66
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  chapter 459; and, in appointing the representatives of the
  2  legal profession, the appointing authority shall give priority
  3  of consideration to a member in good standing of The Florida
  4  Bar. Except for the member who is an elected public official,
  5  each member of the Statewide Human Rights Advocacy Committee
  6  must have served as a member of a district human rights
  7  advocacy committee.  Persons related to each other by
  8  consanguinity or affinity within the third degree may not
  9  serve on the Statewide Human Rights Advocacy Committee at the
10  same time.
11         (2)  Members of the Statewide Human Rights Advocacy
12  Committee shall be appointed to serve terms of 3 years.  A
13  member may not serve more than two consecutive terms.  The
14  limitation on the number of terms a member may serve applies
15  without regard to whether a term was served before or after
16  October 1, 1989.
17         (3)  If a member of the Statewide Human Rights Advocacy
18  Committee fails to attend two-thirds of the regular committee
19  meetings during the course of a year, the position held by
20  such member may be deemed vacant by the committee.  The
21  Governor shall fill the vacancy pursuant to subsection (4). If
22  a member of the Statewide Human Rights Advocacy Committee is
23  in violation of the provisions of this section or procedures
24  adopted thereto, the committee may recommend to the Governor
25  that such member be removed.
26         (4)  The Governor shall fill each vacancy on the
27  Statewide Human Rights Advocacy Committee from a list of
28  nominees submitted by the statewide committee.  A list of
29  candidates shall be submitted to the statewide committee by
30  the district human rights advocacy committee in the district
31  from which the vacancy occurs.  Priority of consideration
                                  67
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  shall be given to the appointment of an individual whose
  2  primary interest, experience, or expertise lies with a major
  3  client group of the Department of Children and Family Health
  4  and Rehabilitative Services or the Division of Mental Health
  5  or Division of Substance Abuse of the Department of Health,
  6  not represented on the committee at the time of the
  7  appointment.  If an appointment is not made within 60 days
  8  after a vacancy occurs on the committee, the vacancy shall be
  9  filled by a majority vote of the statewide committee without
10  further action by the Governor. No person who is employed by
11  the Department of Children and Family Health and
12  Rehabilitative Services or the Department of Health may be
13  appointed to the committee.
14         (5)(a)  Members of the Statewide Human Rights Advocacy
15  Committee shall receive no compensation, but shall be entitled
16  to be reimbursed for per diem and travel expenses in
17  accordance with s. 112.061.
18         (b)  The committee shall select an executive director
19  who shall serve at the pleasure of the committee and shall
20  perform the duties delegated to him or her by the committee.
21  The compensation of the executive director shall be
22  established in accordance with the rules of the Selected
23  Exempt Service.
24         (c)  The committee may apply for, receive, and accept
25  grants, gifts, donations, bequests, and other payments
26  including money or property, real or personal, tangible or
27  intangible, and service from any governmental or other public
28  or private entity or person and make arrangements as to the
29  use of same.
30         (d)  The Statewide Human Rights Advocacy Committee
31  shall annually prepare a budget request that shall not be
                                  68
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  subject to change by department staff after it is approved by
  2  the committee, but the budget request shall be submitted to
  3  the Governor by the department for transmittal to the
  4  Legislature.  The budget shall include a request for funds to
  5  carry out the activities of the Statewide Human Rights
  6  Advocacy Committee and the district human rights advocacy
  7  committees.
  8         (6)  The members of the Statewide Human Rights Advocacy
  9  Committee shall elect a chairperson to a term of 1 year.  A
10  person may not serve as chairperson for more than two
11  consecutive terms.
12         (7)  The responsibilities of the committee include, but
13  are not limited to:
14         (a)  Serving as an independent third-party mechanism
15  for protecting the constitutional and human rights of any
16  client within a program or facility operated, funded,
17  licensed, or regulated by the Department of Children and
18  Family Health and Rehabilitative Services or the Division of
19  Mental Health or Division of Substance Abuse of the Department
20  of Health.
21         (b)  Monitoring by site visit and inspection of
22  records, the delivery and use of services, programs, or
23  facilities operated, funded, regulated, or licensed by the
24  Department of Children and Family Health and Rehabilitative
25  Services or the Division of Mental Health or Division of
26  Substance Abuse of the Department of Health, for the purpose
27  of preventing abuse or deprivation of the constitutional and
28  human rights of clients.  The Statewide Human Rights Advocacy
29  Committee may conduct an unannounced site visit or monitoring
30  visit that involves the inspection of records if such visit is
31  conditioned upon a complaint.  A complaint may be generated by
                                  69
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  the committee itself if information from the Department of
  2  Children and Family Health and Rehabilitative Services or the
  3  Division of Mental Health or Division of Substance Abuse of
  4  the Department of Health or other sources indicates a
  5  situation at the program or facility that indicates possible
  6  abuse or neglect of clients.  The Statewide Human Rights
  7  Advocacy Committee shall establish and follow uniform criteria
  8  for the review of information and generation of complaints.
  9  Routine program monitoring and reviews that do not require an
10  examination of records may be made unannounced.
11         (c)  Receiving, investigating, and resolving reports of
12  abuse or deprivation of constitutional and human rights
13  referred to the Statewide Human Rights Advocacy Committee by a
14  district human rights advocacy committee.  If a matter
15  constitutes a threat to the life, safety, or health of clients
16  or is multidistrict in scope, the Statewide Human Rights
17  Advocacy Committee may exercise such powers without the
18  necessity of a referral from a district committee.
19         (d)  Reviewing existing programs or services and new or
20  revised programs of the Department of Children and Family
21  Health and Rehabilitative Services and the Division of Mental
22  Health and Division of Substance Abuse of the Department of
23  Health, and making recommendations as to how the rights of
24  clients are affected.
25         (e)  Submitting an annual report to the Legislature, no
26  later than December 30 of each calendar year, concerning
27  activities, recommendations, and complaints reviewed or
28  developed by the committee during the year.
29         (f)  Conducting meetings at least six times a year at
30  the call of the chairperson and at other times at the call of
31
                                  70
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  the Governor or by written request of six members of the
  2  committee.
  3         (g)  Developing and adopting uniform procedures to be
  4  used to carry out the purpose and responsibilities of the
  5  human rights advocacy committees, which procedures shall
  6  include, but need not be limited to, the following:
  7         1.  The responsibilities of the committee;
  8         2.  The organization and operation of the statewide
  9  committee and district committees, including procedures for
10  replacing a member, formats for maintaining records of
11  committee activities, and criteria for determining what
12  constitutes a conflict of interest for purposes of assigning
13  and conducting investigations and monitoring;
14         3.  Uniform procedures for the statewide committee and
15  district committees to receive and investigate reports of
16  abuse of constitutional or human rights;
17         4.  The responsibilities and relationship of the
18  district human rights advocacy committees to the statewide
19  committee;
20         5.  The relationship of the committee to the Department
21  of Children and Family Health and Rehabilitative Services, and
22  the Division of Mental Health and Division of Substance Abuse
23  of the Department of Health, including the way in which
24  reports of findings and recommendations related to reported
25  abuse are given to those departments and divisions the
26  Department of Health and Rehabilitative Services;
27         6.  Provision for cooperation with the State Long-Term
28  Care Ombudsman Council;
29         7.  Procedures for appeal.  An appeal to the state
30  committee is made by a district human rights advocacy
31  committee when a valid complaint is not resolved at the
                                  71
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  district level.  The statewide committee may appeal an
  2  unresolved complaint to the Secretary of the Department of
  3  Children and Family Health and Rehabilitative Services or the
  4  Secretary of Health, as appropriate. If, after exhausting all
  5  remedies, the statewide committee is not satisfied that the
  6  complaint can be resolved within the Department of Children
  7  and Family Health and Rehabilitative Services or the
  8  Department of Health, the appeal may be referred to the
  9  Governor or the Legislature;
10         8.  Uniform procedures for gaining access to and
11  maintaining confidential information; and
12         9.  Definitions of misfeasance and malfeasance for
13  members of the statewide committee and district committees.
14         (h)  Monitoring the performance and activities of all
15  district committees and providing technical assistance to
16  members and staff of district committees.
17         (i)  Providing for the development and presentation of
18  a standardized training program for members of district
19  committees.
20         (8)(a)  In the performance of its duties, the Statewide
21  Human Rights Advocacy Committee shall have:
22         1.  Authority to receive, investigate, seek to
23  conciliate, hold hearings on, and act on complaints which
24  allege any abuse or deprivation of constitutional or human
25  rights of clients.
26         2.  Access to all client records, files, and reports
27  from any program, service, or facility that is operated,
28  funded, licensed, or regulated by the Department of Children
29  and Family Services, or the Division of Mental Health or
30  Division of Substance Abuse of the Department of Health, and
31  any records which are material to its investigation and which
                                  72
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  are in the custody of any other agency or department of
  2  government.  The committee's investigation or monitoring shall
  3  not impede or obstruct matters under investigation by law
  4  enforcement or judicial authorities.  Access shall not be
  5  granted if a specific procedure or prohibition for reviewing
  6  records is required by federal law and regulation which
  7  supersedes state law. Access shall not be granted to the
  8  records of a private licensed practitioner who is providing
  9  services outside agencies and facilities and whose client is
10  competent and refuses disclosure.
11         3.  Standing to petition the circuit court for access
12  to client records which are confidential as specified by law.
13  The petition shall state the specific reasons for which the
14  committee is seeking access and the intended use of such
15  information.  The court may authorize committee access to such
16  records upon a finding that such access is directly related to
17  an investigation regarding the possible deprivation of
18  constitutional or human rights or the abuse of a client.
19  Original client files, records, and reports shall not be
20  removed from the Department of Children and Family Services,
21  or the Division of Mental Health or Division of Substance
22  Abuse of the Department of Health, or agency facilities.
23  Under no circumstance shall the committee have access to
24  confidential adoption records in accordance with the
25  provisions of ss. 39.0132, 63.022, and 63.162.  Upon
26  completion of a general investigation of practices and
27  procedures of the Department of Children and Family Services,
28  or the Division of Mental Health or Division of Substance
29  Abuse of the Department of Health, the committee shall report
30  its findings to that department or division.
31
                                  73
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (b)  All information obtained or produced by the
  2  committee which is made confidential by law, which relates to
  3  the identity of any client or group of clients subject to the
  4  protections of this section, or which relates to the identity
  5  of an individual who provides information to the committee
  6  about abuse or alleged violations of constitutional or human
  7  rights, is confidential and exempt from the provisions of s.
  8  119.07(1) and s. 24(a), Art. I of the State Constitution.
  9         (c)  Portions of meetings of the Statewide Human Rights
10  Advocacy Committee which relate to the identity of any client
11  or group of clients subject to the protections of this
12  section, which relate to the identity of an individual who
13  provides information to the committee about abuse or alleged
14  violations of constitutional or human rights, or wherein
15  testimony is provided relating to records otherwise made
16  confidential by law, are exempt from the provisions of s.
17  286.011 and s. 24(b), Art. I of the State Constitution.
18         (d)  All records prepared by members of the committee
19  which reflect a mental impression, investigative strategy, or
20  theory are exempt from the provisions of s. 119.07(1) and s.
21  24(a), Art. I of the State Constitution until the
22  investigation is completed or until the investigation ceases
23  to be active.  For purposes of this section, an investigation
24  is considered "active" while such investigation is being
25  conducted by the committee with a reasonable, good faith
26  belief that it may lead to a finding of abuse or of a
27  violation of human rights.  An investigation does not cease to
28  be active so long as the committee is proceeding with
29  reasonable dispatch and there is a good faith belief that
30  action may be initiated by the committee or other
31  administrative or law enforcement agency.
                                  74
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (e)  Any person who knowingly and willfully discloses
  2  any such confidential information is guilty of a misdemeanor
  3  of the second degree, punishable as provided in s. 775.082 or
  4  s. 775.083.
  5         Section 46.  Effective January 1, 2000, section
  6  402.166, Florida Statutes, 1998 Supplement, is amended to
  7  read:
  8         402.166  District human rights advocacy committees;
  9  confidential records and meetings.--
10         (1)  At least one district human rights advocacy
11  committee is created in each service district of the
12  Department of Children and Family Health and Rehabilitative
13  Services.  The district human rights advocacy committees shall
14  be subject to direction from and the supervision of the
15  Statewide Human Rights Advocacy Committee.  The district
16  administrator shall assign staff to provide administrative
17  support to the committees, and staff assigned to these
18  positions shall perform the functions required by the
19  committee without interference from the department.  The
20  district committees shall direct the activities of staff
21  assigned to them to the extent necessary for the committees to
22  carry out their duties.  The number and areas of
23  responsibility of the district human rights advocacy
24  committees, not to exceed three in any district, shall be
25  determined by the majority vote of district committee members.
26  However, district II may have four committees. District
27  committees shall meet at facilities under their jurisdiction
28  whenever possible.
29         (2)  Each district human rights advocacy committee
30  shall have no fewer than 7 members and no more than 15
31  members, 25 percent of whom are or have been clients of the
                                  75
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  Department of Children and Family Health and Rehabilitative
  2  Services or the Division of Mental Health or Division of
  3  Substance Abuse of the Department of Health, within the last 4
  4  years, except that one member of this group may be an
  5  immediate relative or legal representative of a current or
  6  former client; one provider who delivers two providers, who
  7  deliver services or programs to clients of the Department of
  8  Children and Family Health and Rehabilitative Services; one
  9  provider who delivers services or programs to clients of the
10  Division of Mental Health or the Division of Substance Abuse
11  of the Department of Health; and two representatives of
12  professional organizations, one of whom represents
13  health-related professions and one of whom represents the
14  legal profession. Priority of consideration shall be given to
15  the appointment of at least one medical or osteopathic
16  physician, as defined in chapters 458 and 459, and one member
17  in good standing of The Florida Bar. Priority of consideration
18  shall also be given to the appointment of an individual whose
19  primary interest, experience, or expertise lies with a major
20  client group of the Department of Children and Family Health
21  and Rehabilitative Services, or the Division of Mental Health
22  or Division of Substance Abuse of the Department of Health,
23  not represented on the committee at the time of the
24  appointment.  In no case shall a person who is employed by the
25  Department of Children and Family Health and Rehabilitative
26  Services or the Department of Health be selected as a member
27  of a committee.  At no time shall individuals who are
28  providing contracted services to the Department of Children
29  and Family Health and Rehabilitative Services, or the Division
30  of Mental Health or Division of Substance Abuse of the
31  Department of Health, constitute more than 25 percent of the
                                  76
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  membership of a district committee.  Persons related to each
  2  other by consanguinity or affinity within the third degree
  3  shall not serve on the same district human rights advocacy
  4  committee at the same time.  All members of district human
  5  rights advocacy committees must successfully complete a
  6  standardized training course for committee members within 3
  7  months after their appointment to a committee.  A member may
  8  not be assigned an investigation which requires access to
  9  confidential information prior to the completion of the
10  training course.  After he or she completes the required
11  training course, a member of a committee shall not be
12  prevented from participating in any activity of that
13  committee, including investigations and monitoring, except due
14  to a conflict of interest as described in the procedures
15  established by the Statewide Human Rights Advocacy Committee
16  pursuant to subsection (7).
17         (3)(a)  With respect to existing committees, each
18  member shall serve a term of 4 years.  Upon expiration of a
19  term and in the case of any other vacancy, the district
20  committee shall appoint a replacement by majority vote of the
21  committee, subject to the approval of the Governor.  A member
22  may serve no more than two consecutive terms.
23         (b)1.  The Governor shall appoint the first 4 members
24  of any newly created committee; and those 4 members shall
25  select the remaining 11 members, subject to approval of the
26  Governor.  If any of the first four members are not appointed
27  within 60 days of a request being submitted to the Governor,
28  those members shall be appointed by a majority vote of the
29  district committee without further action by the Governor.
30         2.  Members shall serve for no more than two
31  consecutive terms of 3 years, except that at the time of
                                  77
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  initial appointment, terms shall be staggered so that the
  2  first six members appointed serve for terms of 2 years and the
  3  remaining five members serve for terms of 3 years.  Vacancies
  4  shall be filled as provided in subparagraph 1.
  5         (c)  If no action is taken by the Governor to approve
  6  or disapprove a replacement of a member pursuant to this
  7  paragraph within 30 days after the district committee has
  8  notified the Governor of the appointment, then the appointment
  9  of the replacement shall be considered approved.
10         (d)  The limitation on the number of terms a member may
11  serve applies without regard to whether a term was served
12  before or after October 1, 1989.
13         (4)  Each committee shall elect a chairperson for a
14  term of 1 year.  A person may not serve as chairperson for
15  more than two consecutive terms.  The chairperson's term
16  expires on the anniversary of the chairperson's election.
17         (5)  In the event that a committee member fails to
18  attend two-thirds of the regular committee meetings during the
19  course of a year, it shall be the responsibility of the
20  committee to replace such member.  If a district committee
21  member is in violation of the provisions of this subsection or
22  procedures adopted thereto, a district committee may recommend
23  to the Governor that such member be removed.
24         (6)  A member of a district committee shall receive no
25  compensation but shall receive per diem and shall be entitled
26  to be reimbursed for travel expenses as provided in s.
27  112.061.  Members may be provided reimbursement for
28  long-distance telephone calls if such calls were necessary to
29  an investigation of an abuse or deprivation of human rights.
30         (7)  A district human rights advocacy committee shall
31  first seek to resolve a complaint with the appropriate local
                                  78
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  administration, agency, or program; any matter not resolved by
  2  the district committee shall be referred to the Statewide
  3  Human Rights Advocacy Committee.  A district human rights
  4  advocacy committee shall comply with appeal procedures
  5  established by the Statewide Human Rights Advocacy Committee.
  6  The duties, actions, and procedures of both new and existing
  7  district human rights advocacy committees shall conform to the
  8  provisions of this act.  The duties of each district human
  9  rights advocacy committee shall include, but are not limited
10  to:
11         (a)  Serving as an independent third-party mechanism
12  for protecting the constitutional and human rights of any
13  client within a program or facility operated, funded,
14  licensed, or regulated by the Department of Children and
15  Family Health and Rehabilitative Services or the Division of
16  Mental Health or Division of Substance Abuse of the Department
17  of Health.
18         (b)  Monitoring by site visit and inspection of
19  records, the delivery and use of services, programs or
20  facilities operated, funded, regulated or licensed by the
21  Department of Children and Family Health and Rehabilitative
22  Services or the Division of Mental Health or Division of
23  Substance Abuse of the Department of Health, for the purpose
24  of preventing abuse or deprivation of the constitutional and
25  human rights of clients.  A district human rights advocacy
26  committee may conduct an unannounced site visit or monitoring
27  visit that involves the inspection of records if such visit is
28  conditioned upon a complaint.  A complaint may be generated by
29  the committee itself if information from the Department of
30  Children and Family Health and Rehabilitative Services or the
31  Division of Mental Health or Division of Substance Abuse of
                                  79
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  the Department of Health or other sources indicates a
  2  situation at the program or facility that indicates possible
  3  abuse or neglect of clients.  The district human rights
  4  advocacy committees shall follow uniform criteria established
  5  by the Statewide Human Rights Advocacy Committee for the
  6  review of information and generation of complaints.  Routine
  7  program monitoring and reviews that do not require an
  8  examination of records may be made unannounced.
  9         (c)  Receiving, investigating, and resolving reports of
10  abuse or deprivation of constitutional and human rights.
11         (d)  Reviewing and making recommendation with respect
12  to the involvement by clients of the Department of Children
13  and Family Health and Rehabilitative Services or the Division
14  of Mental Health or Division of Substance Abuse of the
15  Department of Health as subjects for research projects, prior
16  to implementation, insofar as their human rights are affected.
17         (e)  Reviewing existing programs or services and new or
18  revised programs of the Department of Children and Family
19  Health and Rehabilitative Services and the Division of Mental
20  Health and Division of Substance Abuse of the Department of
21  Health, and making recommendations as to how the rights of
22  clients are affected.
23         (f)  Appealing to the state committee any complaint
24  unresolved at the district level.  Any matter that constitutes
25  a threat to the life, safety, or health of a client or is
26  multidistrict in scope shall automatically be referred to the
27  Statewide Human Rights Advocacy Committee.
28         (g)  Submitting an annual report by September 30 to the
29  Statewide Human Rights Advocacy Committee concerning
30  activities, recommendations, and complaints reviewed or
31  developed by the committee during the year.
                                  80
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (h)  Conducting meetings at least six times a year at
  2  the call of the chairperson and at other times at the call of
  3  the Governor, at the call of the Statewide Human Rights
  4  Advocacy Committee, or by written request of a majority of the
  5  members of the committee.
  6         (8)(a)  In the performance of its duties, a district
  7  human rights advocacy committee shall have:
  8         1.  Access to all client records, files, and reports
  9  from any program, service, or facility that is operated,
10  funded, licensed, or regulated by the Department of Children
11  and Family Services, or the Division of Mental Health or
12  Division of Substance Abuse of the Department of Health, and
13  any records which are material to its investigation and which
14  are in the custody of any other agency or department of
15  government.  The committee's investigation or monitoring shall
16  not impede or obstruct matters under investigation by law
17  enforcement or judicial authorities. Access shall not be
18  granted if a specific procedure or prohibition for reviewing
19  records is required by federal law and regulation which
20  supersedes state law.  Access shall not be granted to the
21  records of a private licensed practitioner who is providing
22  services outside agencies and facilities and whose client is
23  competent and refuses disclosure.
24         2.  Standing to petition the circuit court for access
25  to client records which are confidential as specified by law.
26  The petition shall state the specific reasons for which the
27  committee is seeking access and the intended use of such
28  information.  The court may authorize committee access to such
29  records upon a finding that such access is directly related to
30  an investigation regarding the possible deprivation of
31  constitutional or human rights or the abuse of a client.
                                  81
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  Original client files, records, and reports shall not be
  2  removed from Department of Children and Family Services, or
  3  the Division of Mental Health or Division of Substance Abuse
  4  of the Department of Health, or agency facilities.  Upon no
  5  circumstances shall the committee have access to confidential
  6  adoption records in accordance with the provisions of ss.
  7  39.0132, 63.022, and 63.162. Upon completion of a general
  8  investigation of practices and procedures of the Department of
  9  Children and Family Services, or the Division of Mental Health
10  or Division of Substance Abuse of the Department of Health,
11  the committee shall report its findings to that department or
12  division.
13         (b)  All information obtained or produced by the
14  committee which is made confidential by law, which relates to
15  the identity of any client or group of clients subject to the
16  protection of this section, or which relates to the identity
17  of an individual who provides information to the committee
18  about abuse or alleged violations of constitutional or human
19  rights, is confidential and exempt from the provisions of s.
20  119.07(1) and s. 24(a), Art. I of the State Constitution.
21         (c)  Portions of meetings of a district human rights
22  advocacy committee which relate to the identity of any client
23  or group of clients subject to the protections of this
24  section, which relate to the identity of an individual who
25  provides information to the committee about abuse or alleged
26  violations of constitutional or human rights, or wherein
27  testimony is provided relating to records otherwise made
28  confidential by law, are exempt from the provisions of s.
29  286.011 and s. 24(b), Art. I of the State Constitution.
30         (d)  All records prepared by members of the committee
31  which reflect a mental impression, investigative strategy, or
                                  82
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  theory are exempt from the provisions of s. 119.07(1) and s.
  2  24(a), Art. I of the State Constitution until the
  3  investigation is completed or until the investigation ceases
  4  to be active.  For purposes of this section, an investigation
  5  is considered "active" while such investigation is being
  6  conducted by the committee with a reasonable, good faith
  7  belief that it may lead to a finding of abuse or of a
  8  violation of human rights.  An investigation does not cease to
  9  be active so long as the committee is proceeding with
10  reasonable dispatch and there is a good faith belief that
11  action may be initiated by the committee or other
12  administrative or law enforcement agency.
13         (e)  Any person who knowingly and willfully discloses
14  any such confidential information is guilty of a misdemeanor
15  of the second degree, punishable as provided in s. 775.082 or
16  s. 775.083.
17         Section 47.  Effective January 1, 2000, section
18  402.167, Florida Statutes, is amended to read:
19         402.167  Department Duties relating to the Statewide
20  Human Rights Advocacy Committee and the district human rights
21  advocacy committees.--
22         (1)  The Department of Children and Family Health and
23  Rehabilitative Services and the Division of Mental Health and
24  Division of Substance Abuse of the Department of Health shall
25  adopt rules which are consistent with law, amended to reflect
26  any statutory changes, which rules address at least the
27  following:
28         (a)  Procedures by which Department of Children and
29  Family Health and Rehabilitative Services and the Division of
30  Mental Health and Division of Substance Abuse of the
31
                                  83
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  Department of Health district staff refer reports of abuse to
  2  district human rights advocacy committees.
  3         (b)  Procedures by which client information is made
  4  available to members of the Statewide Human Rights Advocacy
  5  Committee and the district human rights advocacy committees.
  6         (c)  Procedures by which recommendations made by human
  7  rights advocacy committees will be incorporated into
  8  Department of Children and Family Health and Rehabilitative
  9  Services and the Division of Mental Health and Division of
10  Substance Abuse of the Department of Health policies and
11  procedures.
12         (d)  Procedures by which committee members are
13  reimbursed for authorized expenditures.
14         (2)  The Department of Children and Family Health and
15  Rehabilitative Services shall provide for the location of
16  district human rights advocacy committees in district
17  headquarters offices and shall provide necessary equipment and
18  office supplies, including, but not limited to, clerical and
19  word processing services, photocopiers, telephone services,
20  and stationery and other necessary supplies.
21         (3)  The secretary and the Secretary of Health shall
22  ensure the full cooperation and assistance of employees of the
23  Department of Children and Family Health and Rehabilitative
24  Services and the Division of Mental Health and Division of
25  Substance Abuse of the Department of Health with members and
26  staff of the human rights advocacy committees. Further, the
27  secretary shall ensure that to the extent possible, staff
28  assigned to the Statewide Human Rights Advocacy Committees and
29  district human rights advocacy committees are free of
30  interference from or control by the department in performing
31  their duties relative to those committees.
                                  84
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         Section 48.  Effective January 1, 2000, subsections (3)
  2  and (6) of section 402.175, Florida Statutes, 1998 Supplement,
  3  are amended to read:
  4         402.175  Legislative intent; developmentally disabled
  5  and mentally ill persons' umbrella trust fund.--
  6         (3)  The department, in consultation with the
  7  Department of Health, shall cause to be established an
  8  umbrella trust fund for the benefit of developmentally
  9  disabled and mentally ill persons in this state. Such trust
10  shall be funded by:
11         (a)  State appropriations.
12         (b)  Grants and donations.
13         (c)  The remainder interest left to the umbrella trust
14  by the individual trusts as provided by paragraph (4)(b).
15         (6)  The department, in consultation with the
16  Department of Health, shall by rule:
17         (a)  Establish specific expenditure categories within
18  which the trustee may make disbursements.
19         1.  Such categories shall be based on the most common
20  and reasonable unmet needs of developmentally disabled or
21  mentally ill persons.
22         2.  With respect to the developmentally disabled or
23  mentally ill person's using the money available from the main
24  umbrella trust, a different category of expenditures may be
25  utilized, dependent upon the resources of the main umbrella
26  trust so that the principal of the main umbrella trust is not
27  substantially diminished.
28         (b)  Establish which types of property will qualify for
29  contribution to the umbrella trust fund.
30         (c)  Develop a model individual trust agreement by
31  which the family of a developmentally disabled or mentally ill
                                  85
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  person can contribute assets for entrance into the umbrella
  2  trust fund in order to minimize any possibility of conflicts
  3  between the main umbrella trust and the individual trust.
  4         (d)  Establish additional rules pertaining to the
  5  administration of expenditures from the individual trust and
  6  the establishment of fees for administering the umbrella trust
  7  fund.
  8         Section 49.  Effective January 1, 2000, section 402.20,
  9  Florida Statutes, is amended to read:
10         402.20  County contracts authorized for services and
11  facilities in mental health and retardation areas.--The boards
12  of county commissioners are authorized to provide monetary
13  grants and facilities, and to enter into renewable contracts,
14  for services and facilities, for a period not to exceed 2
15  years, with public and private hospitals, clinics, and
16  laboratories; other state agencies, departments, or divisions;
17  the state colleges and universities; the community colleges;
18  private colleges and universities; counties; municipalities;
19  towns; townships; and any other governmental unit or nonprofit
20  organization which provides needed facilities for the mentally
21  ill or retarded.  These services are hereby declared to be for
22  a public and county purpose.  The county commissioners may
23  make periodic inspections to assure that the services or
24  facilities provided under this chapter meet the standards of
25  the Department of Health or the Department of Children and
26  Family and Rehabilitative Services, as appropriate.
27         Section 50.  Effective January 1, 2000, section 402.22,
28  Florida Statutes, 1998 Supplement, is amended to read:
29         402.22  Education program for students who reside in
30  residential care facilities operated by the Department of
31  Health or the Department of Children and Family Services.--
                                  86
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (1)(a)  The Legislature recognizes that the Department
  2  of Health and the Department of Children and Family Services
  3  have under their respective has under its residential care
  4  students with critical problems of physical impairment,
  5  emotional disturbance, mental impairment, and learning
  6  impairment.
  7         (b)  The Legislature recognizes the vital role of
  8  education in the rehabilitation of such students.  It is the
  9  intent of the Legislature that all such students benefit from
10  educational services and receive such services.
11         (c)  It is the intent of the Legislature that
12  educational services be coordinated with appropriate and
13  existing diagnostic and evaluative, social, followup, and
14  other therapeutic services of the Department of Health and the
15  Department of Children and Family Services so that the effect
16  of the total rehabilitation process is maximized.
17         (d)  It is the intent of the Legislature that, as
18  educational programs for students in residential care
19  facilities are implemented by the district school board,
20  educational personnel in the Department of Health and the
21  Department of Children and Family Services residential care
22  facilities who meet the qualifications for employees of the
23  district school board be employed by the district school
24  board.
25         (2)  District school boards shall establish educational
26  programs for all students ages 5 through 18 under the
27  residential care of the Department of Health or the Department
28  of Children and Family Services and may provide for students
29  below age 3 as provided for in s. 232.01(1)(e). Funding of
30  such programs shall be pursuant to s. 236.081.
31
                                  87
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (3)  Notwithstanding any provisions of chapters 39,
  2  393, 394, and 397 to the contrary, the services of the
  3  Department of Health and the Department of Children and Family
  4  Services and those of the Department of Education and district
  5  school boards shall be mutually supportive and complementary
  6  of each other. The education programs provided by the district
  7  school board shall meet the standards prescribed by the State
  8  Board of Education and the district school board. Decisions
  9  regarding the design and delivery of Department of Health and
10  the Department of Children and Family Services treatment or
11  habilitative services shall be made by interdisciplinary teams
12  of professional and paraprofessional staff of which
13  appropriate district school system administrative and
14  instructional personnel shall be invited to be participating
15  members.  The requirements for maintenance of confidentiality
16  as prescribed in chapters 39, 393, 394, and 397 shall be
17  applied to information used by such interdisciplinary teams,
18  and such information shall be exempt from the provisions of
19  ss. 119.07(1) and 286.011.
20         (4)  Students age 18 and under who are under the
21  residential care of the Department of Health or the Department
22  of Children and Family Services and who receive an education
23  program shall be calculated as full-time equivalent student
24  membership in the appropriate cost factor as provided for in
25  s. 236.081(1)(c). Residential care facilities of the
26  Department of Health and the Department of Children and Family
27  Services shall include, but not be limited to, developmental
28  services institutions and state mental health facilities.  All
29  students shall receive their education program from the
30  district school system, and funding shall be allocated through
31
                                  88
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  the Florida Education Finance Program for the district school
  2  system.
  3         (5)  Instructional and special educational services
  4  which are provided to mental health and retardation clients in
  5  the Department of Children and Family Services residential
  6  care facilities of the Department of Health or the Department
  7  of Children and Family Services by local school districts
  8  shall not be less than 180 days or 900 hours; however, the 900
  9  hours may be distributed over a 12-month period, unless
10  otherwise stated in rules developed by the State Board of
11  Education with the concurrence of the Department of Health and
12  the Department of Children and Family Services promulgated
13  pursuant to subsection (6).
14         (6)  The State Board of Education and the Department of
15  Health and the Department of Children and Family Services
16  shall have the authority to promulgate rules which shall
17  assist in the orderly transfer of the instruction of students
18  from Department of Children and Family Services residential
19  care facilities of the Department of Health or the Department
20  of Children and Family Services to the district school system
21  or to the public education agency and which shall assist in
22  implementing the specific intent as stated in this act.
23         (7)  Notwithstanding the provisions of s. 230.23(4)(n),
24  the educational program at the Marianna Sunland Center in
25  Jackson County shall be operated by the Department of
26  Education, either directly or through grants or contractual
27  agreements with other public educational agencies.  The annual
28  state allocation to any such agency shall be computed pursuant
29  to s. 236.081(1), (2), and (5) and allocated in the amount
30  that would have been provided the local school district in
31  which the residential facility is located.
                                  89
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         Section 51.  Effective January 1, 2000, paragraphs (b)
  2  and (c) of subsection (1) of section 402.33, Florida Statutes,
  3  are amended to read:
  4         402.33  Department authority to charge fees for
  5  services provided.--
  6         (1)  As used in this section, the term:
  7         (b)  "Client" means any natural person receiving
  8  services provided by the department, or the Division of Mental
  9  Health or Division of Substance Abuse of the Department of
10  Health, including supervision, care, and maintenance, but not
11  as a licensee subject to regulation by either the department
12  for purposes of licensure.
13         (c)  "Department" means the Department of Children and
14  Family Health and Rehabilitative Services or the Division of
15  Mental Health or Division of Substance Abuse of the Department
16  of Health.
17         Section 52.  Effective January 1, 2000, subsection (13)
18  of section 408.701, Florida Statutes, 1998 Supplement, is
19  amended to read:
20         408.701  Community health purchasing; definitions.--As
21  used in ss. 408.70-408.706, the term:
22         (13)  "Health care provider" or "provider" means a
23  state-licensed or state-authorized facility, a facility
24  principally supported by a local government or by funds from a
25  charitable organization that holds a current exemption from
26  federal income tax under s. 501(c)(3) of the Internal Revenue
27  Code, a licensed practitioner, a county health department
28  established under part I of chapter 154, a prescribed
29  pediatric extended care center defined in s. 400.902, a
30  federally supported primary care program such as a migrant
31  health center or a community health center authorized under s.
                                  90
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  329 or s. 330 of the United States Public Health Services Act
  2  that delivers health care services to individuals, or a
  3  community facility that receives funds from the state under
  4  the Community Substance Alcohol, Drug Abuse, and Mental Health
  5  Services Act and provides mental health services to
  6  individuals.
  7         Section 53.  Effective January 1, 2000, subsection (8)
  8  of section 409.906, Florida Statutes, 1998 Supplement, is
  9  amended to read:
10         409.906  Optional Medicaid services.--Subject to
11  specific appropriations, the agency may make payments for
12  services which are optional to the state under Title XIX of
13  the Social Security Act and are furnished by Medicaid
14  providers to recipients who are determined to be eligible on
15  the dates on which the services were provided.  Any optional
16  service that is provided shall be provided only when medically
17  necessary and in accordance with state and federal law.
18  Nothing in this section shall be construed to prevent or limit
19  the agency from adjusting fees, reimbursement rates, lengths
20  of stay, number of visits, or number of services, or making
21  any other adjustments necessary to comply with the
22  availability of moneys and any limitations or directions
23  provided for in the General Appropriations Act or chapter 216.
24  Optional services may include:
25         (8)  COMMUNITY MENTAL HEALTH SERVICES.--The agency may
26  pay for rehabilitative services provided to a recipient by a
27  mental health or substance abuse provider licensed by the
28  agency and under contract with the agency or the Department of
29  Health Children and Family Services to provide such services.
30  Those services which are psychiatric in nature shall be
31  rendered or recommended by a psychiatrist, and those services
                                  91
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  which are medical in nature shall be rendered or recommended
  2  by a physician or psychiatrist. The agency must develop a
  3  provider enrollment process for community mental health
  4  providers which bases provider enrollment on an assessment of
  5  service need. The provider enrollment process shall be
  6  designed to control costs, prevent fraud and abuse, consider
  7  provider expertise and capacity, and assess provider success
  8  in managing utilization of care and measuring treatment
  9  outcomes. Providers will be selected through a competitive
10  procurement or selective contracting process. In addition to
11  other community mental health providers, the agency shall
12  consider for enrollment mental health programs licensed under
13  chapter 395 and group practices licensed under chapter 458,
14  chapter 459, chapter 490, or chapter 491. The agency is also
15  authorized to continue operation of its behavioral health
16  utilization management program and may develop new services if
17  these actions are necessary to ensure savings from the
18  implementation of the utilization management system. The
19  agency shall coordinate the implementation of this enrollment
20  process with the Department of Health Children and Family
21  Services and the Department of Juvenile Justice. The agency is
22  authorized to utilize diagnostic criteria in setting
23  reimbursement rates, to preauthorize certain high-cost or
24  highly utilized services, to limit or eliminate coverage for
25  certain services, or to make any other adjustments necessary
26  to comply with any limitations or directions provided for in
27  the General Appropriations Act.
28         Section 54.  Effective January 1, 2000, subsection (2)
29  of section 411.222, Florida Statutes, is amended to read:
30         411.222  Intraagency and interagency coordination;
31  creation of offices; responsibilities; memorandum of
                                  92
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  agreement; creation of coordinating council;
  2  responsibilities.--
  3         (2)  DEPARTMENT OF CHILDREN AND FAMILY HEALTH AND
  4  REHABILITATIVE SERVICES.--There is created within the
  5  Department of Children and Family Health and Rehabilitative
  6  Services an Office of Prevention, Early Assistance, and Child
  7  Development for the purpose of intraagency and interagency
  8  planning, policy, and program development and coordination to
  9  enhance existing programs and services and to develop new
10  programs and services for high-risk pregnant women and for
11  high-risk preschool children and their families.
12         (a)  Intraagency responsibilities.--
13         1.  Assure planning, policy, and program coordination
14  in programs serving high-risk pregnant women and high-risk
15  preschool children and their families, within the following
16  offices of the Department of Children and Family Health and
17  Rehabilitative Services:
18         a.  Alcohol, Drug Abuse, and Mental Health.
19         b.  Children's Medical Services.
20         a.c.  Children, Youth, and Families.
21         b.d.  Developmental Services.
22         c.e.  Economic Self-Sufficiency Services.
23         f.  Health.
24         g.  Medicaid.
25         2.  Assure planning, policy, and program coordination
26  in the following interprogram areas:
27         a.  Transportation.
28         b.  Migrant and refugee services.
29         c.  Volunteer services.
30         d.  Child abuse and neglect prevention, early
31  intervention, and treatment.
                                  93
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         e.  Chapter I of Pub. L. No. 97-35.
  2         3.  Ensure, within available resources, the
  3  implementation of the continuum of comprehensive services in
  4  the service districts.
  5         4.  Serve as clearinghouse for the collection and
  6  dissemination of information relating to programs and services
  7  for high-risk pregnant women and for high-risk preschool
  8  children and their families, and programs aimed at preventing
  9  sexual activity and teenage pregnancy, including model and
10  exemplary programs that have demonstrated effectiveness and
11  beneficial outcomes.
12         5.  Develop publications, including, but not limited
13  to, directories, newsletters, public awareness documents, and
14  other resource materials which assist agencies, programs, and
15  families in meeting the needs of the high-risk population.
16         6.  Provide technical assistance at the request of
17  program offices, service districts, providers, advisory
18  councils, and advocacy groups, and other agencies or entities
19  with which the Department of Children and Family Health and
20  Rehabilitative Services has contracts or cooperative
21  agreements.
22         7.  Disseminate information regarding the availability
23  of federal, state, and private grants which target teenagers
24  at risk of pregnancy, high-risk pregnant women, and high-risk
25  preschool children and their families.
26         8.  Perform duties relating to the joint strategic plan
27  as specified in s. 411.221.
28         (b)  Interagency responsibilities.--
29         1.  Assure planning, policy, and program coordination
30  with the following existing programs and services provided
31
                                  94
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  through the Department of Health or the Agency for Health Care
  2  Administration:
  3         a.  Mental Health.
  4         b.  Children's Medical Services.
  5         c.  Substance Abuse.
  6         d.  Health.
  7         e.  Medicaid.
  8         2.1.  Perform the joint functions related to the joint
  9  strategic plan as specified in s. 411.221.
10         3.2.  Prepare jointly with the Department of Education
11  a memorandum of agreement pursuant to this section, or other
12  cooperative agreements necessary to implement the requirements
13  of this chapter.
14         4.3.  Develop, in collaboration with the Department of
15  Education, rules necessary to implement this chapter.
16         5.4.  Perform the responsibilities enumerated in
17  subparagraphs (a)4.-7. on a statewide basis in conjunction
18  with the Office of Prevention, Early Assistance, and Child
19  Development within the Department of Education.
20         6.5.  Subject to appropriation, develop and implement a
21  program of parenting workshops to assist and counsel the
22  parents or guardians of students having disciplinary problems.
23  These workshops should be made available to all families of
24  students who have disciplinary problems. The department may
25  provide these services directly or may enter into contracts
26  with school districts for the provision of these services.
27         Section 55.  Effective January 1, 2000, section
28  411.224, Florida Statutes, is amended to read:
29         411.224  Family support planning process.--The
30  Legislature establishes a family support planning process to
31  be used by the Department of Children and Family Health and
                                  95
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  Rehabilitative Services as the service planning process for
  2  targeted individuals, children, and families under its
  3  purview.
  4         (1)  The Department of Health and the Department of
  5  Education shall take all appropriate and necessary steps to
  6  encourage and facilitate the implementation of the family
  7  support planning process for individuals, children, and
  8  families within their its purview.
  9         (2)  To the extent possible within existing resources,
10  the following populations must be included in the family
11  support planning process:
12         (a)  Children from birth to age 5 who are served by the
13  clinic and programs of the Division of Children's Medical
14  Services Program Office of the Department of Health and
15  Rehabilitative Services.
16         (b)  Children participating in the developmental
17  evaluation and intervention program of the Division of
18  Children's Medical Services Program Office of the Department
19  of Health and Rehabilitative Services.
20         (c)  Children from birth through age 5 who are served
21  by the Developmental Services Program Office of the Department
22  of Children and Family Health and Rehabilitative Services.
23         (d)  Children from birth through age 5 who are served
24  by the Division of Mental Health or the Division of Substance
25  Abuse Alcohol, Drug Abuse, and Mental Health Program Office of
26  the Department of Health and Rehabilitative Services.
27         (e)  Participants who are served by the Children's
28  Early Investment Program established in s. 411.232.
29         (f)  Healthy Start participants in need of ongoing
30  service coordination.
31
                                  96
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (g)  Children from birth through age 5 who are served
  2  by the voluntary family services, protective supervision,
  3  foster care, or adoption and related services programs of the
  4  Children and Families Family Services Program Office of the
  5  Department of Children and Family Health and Rehabilitative
  6  Services, and who are eligible for ongoing services from one
  7  or more other programs or agencies that participate in family
  8  support planning; however, children served by the voluntary
  9  family services program, where the planned length of
10  intervention is 30 days or less, are excluded from this
11  population.
12         (3)  When individuals included in the target population
13  are served by Head Start, local education agencies, or other
14  prevention and early intervention programs, providers must be
15  notified and efforts made to facilitate the concerned agency's
16  participation in family support planning.
17         (4)  Local education agencies are encouraged to use a
18  family support planning process for children from birth
19  through 5 years of age who are served by the prekindergarten
20  program for children with disabilities, in lieu of the
21  Individual Education Plan.
22         (5)  There must be only a single-family support plan to
23  address the problems of the various family members unless the
24  family requests that an individual family support plan be
25  developed for different members of that family.  The family
26  support plan must replace individual habilitation plans for
27  children from birth through 5 years old who are served by the
28  Developmental Services Program Office of the Department of
29  Children and Family Health and Rehabilitative Services.  To
30  the extent possible, the family support plan must replace
31
                                  97
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  other case-planning forms used by the Department of Children
  2  and Family Health and Rehabilitative Services.
  3         (6)  The family support plan at a minimum must include
  4  the following information:
  5         (a)  The family's statement of family concerns,
  6  priorities, and resources.
  7         (b)  Information related to the health, educational,
  8  economic and social needs, and overall development of the
  9  individual and the family.
10         (c)  The outcomes that the plan is intended to achieve.
11         (d)  Identification of the resources and services to
12  achieve each outcome projected in the plan.  These resources
13  and services are to be provided based on availability and
14  funding.
15         (7)  A family support plan meeting must be held with
16  the family to initially develop the family support plan and
17  annually thereafter to update the plan as necessary.  The
18  family includes anyone who has an integral role in the life of
19  the individual or child as identified by the individual or
20  family. The family support plan must be reviewed periodically
21  during the year, at least at 6-month intervals, to modify and
22  update the plan as needed.  Such periodic reviews do not
23  require a family support plan team meeting but may be
24  accomplished through other means such as a case file review
25  and telephone conference with the family.
26         (8)  The initial family support plan must be developed
27  within a 90-day period.  If exceptional circumstances make it
28  impossible to complete the evaluation activities and to hold
29  the initial family support plan team meeting within a
30  reasonable time period, these circumstances must be
31  documented, and the individual or family must be notified of
                                  98
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  the reason for the delay.  With the agreement of the family
  2  and the provider, services for which either the individual or
  3  the family is eligible may be initiated before the completion
  4  of the evaluation activities and the family support plan.
  5         (9)  The Department of Children and Family Health and
  6  Rehabilitative Services, the Department of Health, and the
  7  Department of Education, to the extent that funds are
  8  available, must offer technical assistance to communities to
  9  facilitate the implementation of the family support plan.
10         (10)  The Department of Children and Family Health and
11  Rehabilitative Services must implement the family support
12  planning process for all individuals, children, and their
13  families in the target population no later than September 30,
14  1995.
15         (11)  The Department of Children and Family Health and
16  Rehabilitative Services, the Department of Health, and the
17  Department of Education shall adopt rules necessary to
18  implement this act.
19         Section 56.  Effective January 1, 2000, subsections
20  (1), (2), and (4), and paragraph (a) of subsection (5) of
21  section 414.70, Florida Statutes, 1998 Supplement, are amended
22  to read:
23         414.70  Drug-testing and drug-screening program;
24  procedures.--
25         (1)  DEMONSTRATION PROJECT.--The Department of Health
26  Children and Family Services, in consultation with local WAGES
27  coalitions 3 and 8, shall develop and, as soon as possible
28  after January 1, 1999, implement a demonstration project in
29  WAGES regions 3 and 8 to screen each applicant and test
30  applicants for temporary cash assistance provided under this
31  chapter, and test applicants who the department has reasonable
                                  99
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  cause to believe, based on the screening, engage in illegal
  2  use of controlled substances. Unless reauthorized by the
  3  Legislature, this demonstration project expires June 30, 2001.
  4  As used in this act, the term "applicant" means an individual
  5  who first applies for assistance or services under the WAGES
  6  Program. Screening and testing for the illegal use of
  7  controlled substances is not required if the individual
  8  reapplies during any continuous period in which the individual
  9  receives assistance or services. However, an individual may
10  volunteer for drug testing and treatment if funding is
11  available.
12         (2)  PROCEDURES.--Under the demonstration project, the
13  Department of Health Children and Family Services shall:
14         (a)  Provide notice of drug screening and the potential
15  for possible drug testing to each applicant at the time of
16  application. The notice must advise the applicant that drug
17  screening and possibly drug testing will be conducted as a
18  condition for receiving temporary assistance or services under
19  this chapter, and shall specify the assistance or services
20  that are subject to this requirement. The notice must also
21  advise the applicant that a prospective employer may require
22  the applicant to submit to a preemployment drug test. The
23  applicant shall be advised that the required drug screening
24  and possible drug testing may be avoided if the applicant does
25  not apply for or receive assistance or services. The
26  drug-screening and drug-testing program is not applicable in
27  child-only cases.
28         (b)  Develop a procedure for drug screening and
29  conducting drug testing of applicants for temporary assistance
30  or services under the WAGES Program.
31
                                 100
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (c)  Provide a procedure to advise each person to be
  2  tested, before the test is conducted, that he or she may, but
  3  is not required to, advise the agent administering the test of
  4  any prescription or over-the-counter medication he or she is
  5  taking.
  6         (d)  Require each person to be tested to sign a written
  7  acknowledgment that he or she has received and understood the
  8  notice and advice provided under paragraphs (a) and (c).
  9         (e)  Provide a procedure to assure each person being
10  tested a reasonable degree of dignity while producing and
11  submitting a sample for drug testing, consistent with the
12  state's need to ensure the reliability of the sample.
13         (f)  Specify circumstances under which a person who
14  fails a drug test has the right to take one or more additional
15  tests.
16         (g)  Provide a procedure for appealing the results of a
17  drug test by a person who fails a test and for advising the
18  appellant that he or she may, but is not required to, advise
19  appropriate staff of any prescription or over-the-counter
20  medication he or she has been taking.
21         (h)  Notify each person who fails a drug test of the
22  local substance abuse treatment programs that may be available
23  to such person.
24         (4)  TREATMENT.--
25         (a)  Subject to the availability of funding, the
26  Department of Health Children and Family Services shall
27  provide a substance abuse treatment program for a person who
28  fails a drug test conducted under this act and is eligible to
29  receive temporary assistance or services under the WAGES
30  Program. The department shall provide for a retest at the end
31  of the treatment period. Failure to pass the retest will
                                 101
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  result in the termination of temporary assistance or services
  2  provided under this chapter and of any right to appeal the
  3  termination.
  4         (b)  The Department of Health Children and Family
  5  Services shall develop rules regarding the disclosure of
  6  information concerning applicants who enter treatment,
  7  including the requirement that applicants sign a consent to
  8  release information to the Department of Health Children and
  9  Family Services or the Department of Labor and Employment
10  Security, as necessary, as a condition of entering the
11  treatment program.
12         (c)  The Department of Health Children and Family
13  Services may develop rules for assessing the status of persons
14  formerly treated under this act who reapply for assistance or
15  services under the WAGES act as well as the need for drug
16  testing as a part of the reapplication process.
17         (5)  EVALUATIONS AND RECOMMENDATIONS.--
18         (a)  The Department of Health Children and Family
19  Services, in conjunction with the local WAGES coalitions in
20  service areas 3 and 8, shall conduct a comprehensive
21  evaluation of the demonstration projects operated under this
22  act. By January 1, 2000, the department, in conjunction with
23  the local WAGES coalitions involved, shall report to the WAGES
24  Program State Board of Directors and to the Legislature on the
25  status of the initial implementation of the demonstration
26  projects and shall specifically describe the problems
27  encountered and the funds expended during the first year of
28  operation.
29         Section 57.  Effective January 1, 2000, paragraph (b)
30  of subsection (1) of section 458.3165, Florida Statutes, is
31  amended to read:
                                 102
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         458.3165  Public psychiatry certificate.--The board
  2  shall issue a public psychiatry certificate to an individual
  3  who remits an application fee not to exceed $300, as set by
  4  the board, who is a board-certified psychiatrist, who is
  5  licensed to practice medicine without restriction in another
  6  state, and who meets the requirements in s. 458.311(1)(a)-(g)
  7  and (5).
  8         (1)  Such certificate shall:
  9         (b)  Be issued and renewable biennially if the
10  Secretary of Health the Department of Health and
11  Rehabilitative Services and the chair of the department of
12  psychiatry at one of the public medical schools or the chair
13  of the department of psychiatry at the accredited medical
14  school at the University of Miami recommend in writing that
15  the certificate be issued or renewed.
16         Section 58.  Effective January 1, 2000, paragraph (b)
17  of subsection (1) of section 561.121, Florida Statutes, as
18  amended by chapter 97-213, Laws of Florida, is amended to
19  read:
20         561.121  Deposit of revenue.--
21         (1)  All state funds collected pursuant to ss. 563.05,
22  564.06, and 565.12 shall be paid into the State Treasury and
23  disbursed in the following manner:
24         (b)  Ten million dollars annually shall be transferred
25  to the Children and Adolescents Substance Abuse Trust Fund,
26  which shall remain with the Department of Health Children and
27  Family Services for the purpose of funding programs directed
28  at reducing and eliminating substance abuse problems among
29  children and adolescents.
30         Section 59.  Effective January 1, 2000, subsection (5)
31  of section 561.19, Florida Statutes, is amended to read:
                                 103
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         561.19  License issuance upon approval of division.--
  2         (5)  A fee of $10,750 shall be collected from each
  3  person, firm, or corporation that is issued a new liquor
  4  license subject to the limitation imposed in s. 561.20(1) as
  5  provided in this section. This initial license fee shall not
  6  be imposed on any license renewal and shall be in addition to
  7  the license fees imposed by s. 565.02.  The revenues collected
  8  from the initial license fee imposed by this subsection shall
  9  be deposited in the Department of Health and Rehabilitative
10  Services' Operations and Maintenance Trust Fund of the
11  Department of Health to be used only for substance alcohol and
12  drug abuse education, treatment, and prevention programs.
13         Section 60.  Effective January 1, 2000, section 775.16,
14  Florida Statutes, is amended to read:
15         775.16  Drug offenses; additional penalties.--In
16  addition to any other penalty provided by law, a person who
17  has been convicted of sale of or trafficking in, or conspiracy
18  to sell or traffic in, a controlled substance under chapter
19  893, if such offense is a felony, or who has been convicted of
20  an offense under the laws of any state or country which, if
21  committed in this state, would constitute the felony of
22  selling or trafficking in, or conspiracy to sell or traffic
23  in, a controlled substance under chapter 893, is:
24         (1)  Disqualified from applying for employment by any
25  agency of the state, unless:
26         (a)  The person has completed all sentences of
27  imprisonment or supervisory sanctions imposed by the court, by
28  the Parole Commission, or by law; or
29         (b)  The person has complied with the conditions of
30  subparagraphs 1. and 2. which shall be monitored by the
31
                                 104
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  Department of Corrections while the person is under any
  2  supervisory sanctions. The person under supervision may:
  3         1.  Seek evaluation and enrollment in, and once
  4  enrolled maintain enrollment in until completion, a drug
  5  treatment and rehabilitation program which is approved by the
  6  Department of Health and Rehabilitative Services, unless it is
  7  deemed by the program that the person does not have a
  8  substance abuse problem. The treatment and rehabilitation
  9  program may be specified by:
10         a.  The court, in the case of court-ordered supervisory
11  sanctions;
12         b.  The Parole Commission, in the case of parole,
13  control release, or conditional release; or
14         c.  The Department of Corrections, in the case of
15  imprisonment or any other supervision required by law.
16         2.  Submit to periodic urine drug testing pursuant to
17  procedures prescribed by the Department of Corrections.  If
18  the person is indigent, the costs shall be paid by the
19  Department of Corrections.
20         (2)  Disqualified from applying for a license, permit,
21  or certificate required by any agency of the state to
22  practice, pursue, or engage in any occupation, trade,
23  vocation, profession, or business, unless:
24         (a)  The person has completed all sentences of
25  imprisonment or supervisory sanctions imposed by the court, by
26  the Parole Commission, or by law;
27         (b)  The person has complied with the conditions of
28  subparagraphs 1. and 2. which shall be monitored by the
29  Department of Corrections while the person is under any
30  supervisory sanction. If the person fails to comply with
31  provisions of these subparagraphs by either failing to
                                 105
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  maintain treatment or by testing positive for drug use, the
  2  department shall notify the licensing, permitting, or
  3  certifying agency, which may refuse to reissue or reinstate
  4  such license, permit, or certification.  The licensee,
  5  permittee, or certificateholder under supervision may:
  6         1.  Seek evaluation and enrollment in, and once
  7  enrolled maintain enrollment in until completion, a drug
  8  treatment and rehabilitation program which is approved or
  9  regulated by the Department of Health and Rehabilitative
10  Services, unless it is deemed by the program that the person
11  does not have a substance abuse problem.  The treatment and
12  rehabilitation program may be specified by:
13         a.  The court, in the case of court-ordered supervisory
14  sanctions;
15         b.  The Parole Commission, in the case of parole,
16  control release, or conditional release; or
17         c.  The Department of Corrections, in the case of
18  imprisonment or any other supervision required by law.
19         2.  Submit to periodic urine drug testing pursuant to
20  procedures prescribed by the Department of Corrections.  If
21  the person is indigent, the costs shall be paid by the
22  Department of Corrections; or
23         (c)  The person has successfully completed an
24  appropriate program under the Correctional Education Program.
25
26  The provisions of this section do not apply to any of the
27  taxes, fees, or permits regulated, controlled, or administered
28  by the Department of Revenue in accordance with the provisions
29  of s. 213.05.
30
31
                                 106
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         Section 61.  Effective January 1, 2000, paragraph (a)
  2  of subsection (2) of section 817.505, Florida Statutes, 1998
  3  Supplement, is amended to read:
  4         817.505  Patient brokering prohibited; exceptions;
  5  penalties.--
  6         (2)  For the purposes of this section, the term:
  7         (a)  "Health care provider or health care facility"
  8  means any person or entity licensed, certified, or registered
  9  with the Agency for Health Care Administration; any person or
10  entity that has contracted with the Agency for Health Care
11  Administration to provide goods or services to Medicaid
12  recipients as provided under s. 409.907; a county health
13  department established under part I of chapter 154; any
14  community service provider contracting with the Department of
15  Health and Rehabilitative Services to furnish substance
16  alcohol, drug abuse, or mental health services under part IV
17  of chapter 394; any substance abuse service provider licensed
18  under chapter 397; or any federally supported primary care
19  program such as a migrant or community health center
20  authorized under ss. 329 and 330 of the United States Public
21  Health Services Act.
22         Section 62.  Effective January 1, 2000, subsection (4)
23  of section 877.111, Florida Statutes, is amended to read:
24         877.111  Inhalation, ingestion, possession, sale,
25  purchase, or transfer of harmful chemical substances;
26  penalties.--
27         (4)  Any person who violates any of the provisions of
28  this section may, in the discretion of the trial judge, be
29  required to participate in a substance abuse services program
30  approved or regulated by the Department of Health and
31  Rehabilitative Services pursuant to the provisions of chapter
                                 107
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  397, provided the director of the program approves the
  2  placement of the defendant in the program.  Such required
  3  participation may be imposed in addition to, or in lieu of,
  4  any penalty or probation otherwise prescribed by law. However,
  5  the total time of such penalty, probation, and program
  6  participation shall not exceed the maximum length of sentence
  7  possible for the offense.
  8         Section 63.  Effective January 1, 2000, present
  9  subsections (6), (7), and (8) of section 893.02, Florida
10  Statutes, 1998 Supplement, are renumbered as subsections (7),
11  (8), and (9), respectively, and present subsection (9) is
12  renumbered as subsection (6) and amended to read:
13         893.02  Definitions.--The following words and phrases
14  as used in this chapter shall have the following meanings,
15  unless the context otherwise requires:
16         (6)(9)  "Department" means the Department of Health and
17  Rehabilitative Services.
18         Section 64.  Effective January 1, 2000, paragraph (a)
19  of subsection (1) of section 893.11, Florida Statutes, is
20  amended to read:
21         893.11  Suspension, revocation, and reinstatement of
22  business and professional licenses.--Upon the conviction in
23  any court of competent jurisdiction of any person holding a
24  license, permit, or certificate issued by a state agency, for
25  sale of, or trafficking in, a controlled substance or for
26  conspiracy to sell, or traffic in, a controlled substance, if
27  such offense is a felony, the clerk of said court shall send a
28  certified copy of the judgment of conviction with the person's
29  license number, permit number, or certificate number on the
30  face of such certified copy to the agency head by whom the
31  convicted defendant has received a license, permit, or
                                 108
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  certificate to practice his or her profession or to carry on
  2  his or her business.  Such agency head shall suspend or revoke
  3  the license, permit, or certificate of the convicted defendant
  4  to practice his or her profession or to carry on his or her
  5  business. Upon a showing by any such convicted defendant whose
  6  license, permit, or certificate has been suspended or revoked
  7  pursuant to this section that his or her civil rights have
  8  been restored or upon a showing that the convicted defendant
  9  meets the following criteria, the agency head may reinstate or
10  reactivate such license, permit, or certificate when:
11         (1)  The person has complied with the conditions of
12  paragraphs (a) and (b) which shall be monitored by the
13  Department of Corrections while the person is under any
14  supervisory sanction. If the person fails to comply with
15  provisions of these paragraphs by either failing to maintain
16  treatment or by testing positive for drug use, the department
17  shall notify the licensing, permitting, or certifying agency,
18  which shall revoke the license, permit, or certification.  The
19  person under supervision may:
20         (a)  Seek evaluation and enrollment in, and once
21  enrolled maintain enrollment in until completion, a drug
22  treatment and rehabilitation program which is approved or
23  regulated by the department of Health and Rehabilitative
24  Services.  The treatment and rehabilitation program shall be
25  specified by:
26         1.  The court, in the case of court-ordered supervisory
27  sanctions;
28         2.  The Parole Commission, in the case of parole,
29  control release, or conditional release; or
30         3.  The Department of Corrections, in the case of
31  imprisonment or any other supervision required by law.
                                 109
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1
  2  This section does not apply to any of the taxes, fees, or
  3  permits regulated, controlled, or administered by the
  4  Department of Revenue in accordance with s. 213.05.
  5         Section 65.  Effective January 1, 2000, paragraph (b)
  6  of subsection (1) of section 893.12, Florida Statutes, 1998
  7  Supplement, is amended to read:
  8         893.12  Contraband; seizure, forfeiture, sale.--
  9         (1)  All substances controlled by this chapter and all
10  listed chemicals, which substances or chemicals are handled,
11  delivered, possessed, or distributed contrary to any
12  provisions of this chapter, and all such controlled substances
13  or listed chemicals the lawful possession of which is not
14  established or the title to which cannot be ascertained, are
15  declared to be contraband, are subject to seizure and
16  confiscation by any person whose duty it is to enforce the
17  provisions of the chapter, and shall be disposed of as
18  follows:
19         (b)  Upon written application by the department of
20  Health and Rehabilitative Services, the court by whom the
21  forfeiture of such controlled substances or listed chemicals
22  has been decreed may order the delivery of any of them to said
23  department for distribution or destruction as hereinafter
24  provided.
25         Section 66.  Effective January 1, 2000, section 893.15,
26  Florida Statutes, is amended to read:
27         893.15  Rehabilitation.--Any person who violates s.
28  893.13(6)(a) or (b) relating to possession may, in the
29  discretion of the trial judge, be required to participate in a
30  substance abuse services program approved or regulated by the
31  department of Health and Rehabilitative Services pursuant to
                                 110
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  the provisions of chapter 397, provided the director of such
  2  program approves the placement of the defendant in such
  3  program. Such required participation shall be imposed in
  4  addition to any penalty or probation otherwise prescribed by
  5  law. However, the total time of such penalty, probation, and
  6  program participation shall not exceed the maximum length of
  7  sentence possible for the offense.
  8         Section 67.  Effective January 1, 2000, subsection (1)
  9  and paragraph (b) of subsection (3) of section 893.165,
10  Florida Statutes, are amended to read:
11         893.165  County alcohol and other drug abuse treatment
12  or education trust funds.--
13         (1)  Counties in which there is established or in
14  existence a comprehensive alcohol and other drug abuse
15  treatment or education program which meets the standards for
16  qualification of such programs by the department of Health and
17  Rehabilitative Services are authorized to establish a County
18  Alcohol and Other Drug Abuse Trust Fund for the purpose of
19  receiving the assessments collected pursuant to s. 938.23 and
20  disbursing assistance grants on an annual basis to such
21  alcohol and other drug abuse treatment or education program.
22         (3)
23         (b)  Assessments collected by clerks of circuit courts
24  having more than one county in the circuit, for any county in
25  the circuit which does not have a County Alcohol and Other
26  Drug Abuse Trust Fund, shall be remitted to the department of
27  Health and Rehabilitative Services, in accordance with
28  administrative rules adopted, for deposit into the
29  department's Community Alcohol and Other Drug Abuse Services
30  Grants and Donations Trust Fund for distribution pursuant to
31  the guidelines and priorities developed by the department.
                                 111
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         Section 68.  Effective January 1, 2000, paragraphs (a),
  2  (d), and (e) of subsection (2) of section 895.09, Florida
  3  Statutes, 1998 Supplement, are amended to read:
  4         895.09  Disposition of funds obtained through
  5  forfeiture proceedings.--
  6         (2)(a)  Following satisfaction of all valid claims
  7  under subsection (1), 25 percent of the remainder of the funds
  8  obtained in the forfeiture proceedings pursuant to s. 895.05
  9  shall be deposited as provided in paragraph (b) into the
10  appropriate trust fund of the Department of Legal Affairs or
11  state attorney's office which filed the civil forfeiture
12  action; 25 percent shall be deposited as provided in paragraph
13  (c) into the applicable law enforcement trust fund of the
14  investigating law enforcement agency conducting the
15  investigation which resulted in or significantly contributed
16  to the forfeiture of the property; 25 percent shall be
17  deposited as provided in paragraph (d) in the Substance Abuse
18  Trust Fund of the Department of Health and Rehabilitative
19  Services; and the remaining 25 percent shall be deposited in
20  the Forfeited Property Trust Fund of the Department of
21  Environmental Protection. When a forfeiture action is filed by
22  the Department of Legal Affairs or a state attorney, the court
23  entering the judgment of forfeiture shall, taking into account
24  the overall effort and contribution to the investigation and
25  forfeiture action by the agencies that filed the action, make
26  a pro rata apportionment among such agencies of the funds
27  available for distribution to the agencies filing the action
28  as provided in this section. If multiple investigating law
29  enforcement agencies have contributed to the forfeiture of the
30  property, the court which entered the judgment of forfeiture
31  shall, taking into account the overall effort and contribution
                                 112
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  of the agencies to the investigation and forfeiture action,
  2  make a pro rata apportionment among such investigating law
  3  enforcement agencies of the funds available for distribution
  4  to the investigating agencies as provided in this section.
  5         (d)  The Department of Health and Rehabilitative
  6  Services shall, in accordance with chapter 397, distribute
  7  funds obtained by it pursuant to paragraph (a) to public and
  8  private nonprofit organizations licensed by the department to
  9  provide substance abuse treatment and rehabilitation centers
10  or substance abuse prevention and youth orientation programs
11  in the service district in which the final order of forfeiture
12  is entered by the court.
13         (e)  On a quarterly basis, any excess funds, including
14  interest, over $1 million deposited in the Forfeited Property
15  Trust Fund of the Department of Environmental Protection in
16  accordance with paragraph (a) shall be deposited in the
17  Substance Abuse Trust Fund of the Department of Health and
18  Rehabilitative Services.
19         Section 69.  Effective January 1, 2000, subsections (1)
20  and (2) of section 916.105, Florida Statutes, 1998 Supplement,
21  are amended to read:
22         916.105  Legislative intent.--
23         (1)  It is the intent of the Legislature that the
24  Department of Health and the Department of Children and Family
25  Services establish, locate, and maintain separate and secure
26  facilities and programs for the treatment or training of
27  defendants who are charged with a felony and who have been
28  found to be incompetent to proceed due to their mental
29  illness, retardation, or autism, or who have been acquitted of
30  felonies by reason of insanity, and who, while still under the
31  jurisdiction of the committing court, are committed to the
                                 113
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  department under the provisions of this chapter.  The
  2  separate, secure facilities shall be sufficient to accommodate
  3  the number of defendants committed under the conditions noted
  4  above, except those defendants found by the department to be
  5  appropriate for treatment or training in a civil treatment
  6  facility or program. Such secure facilities shall be designed
  7  and administered so that ingress and egress, together with
  8  other requirements of this chapter, may be strictly controlled
  9  by staff responsible for security in order to protect the
10  defendant, facility personnel, other clients, and citizens in
11  adjacent communities.
12         (2)  It is further the intent of the Legislature that
13  treatment or training programs for defendants who are found to
14  be mentally ill, retarded, or autistic and are involuntarily
15  committed to the Department of Health or the Department of
16  Children and Family Services, and who are still under the
17  jurisdiction of the committing court, be provided in such a
18  manner, subject to security requirements and other mandates of
19  this chapter, as to ensure the rights of the defendants as
20  provided in this chapter.
21         Section 70.  Effective January 1, 2000, subsections (5)
22  and (7) of section 916.106, Florida Statutes, 1998 Supplement,
23  are amended to read:
24         916.106  Definitions.--For the purposes of this
25  chapter:
26         (5)  "Department" means the Department of Health with
27  respect to mentally ill defendants, and the Department of
28  Children and Family Services, with respect to retarded or
29  autistic defendants.
30         (7)  "Forensic client" or "client" means any defendant
31  who is mentally ill, retarded, or autistic and who is
                                 114
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  committed to the Department of Health or the Department of
  2  Children and Family Services pursuant to this chapter and:
  3         (a)  Who has been determined to need treatment for a
  4  mental illness or training for retardation or autism;
  5         (b)  Who has been found incompetent to proceed on a
  6  felony offense or has been acquitted of a felony offense by
  7  reason of insanity;
  8         (c)  Who has been determined by the department to:
  9         1.  Be dangerous to himself or herself or others; or
10         2.  Present a clear and present potential to escape;
11  and
12         (d)  Who is an adult or a juvenile prosecuted as an
13  adult.
14         Section 71.  Effective January 1, 2000, subsection (4)
15  of section 916.107, Florida Statutes, 1998 Supplement, is
16  amended to read:
17         916.107  Rights of forensic clients.--
18         (4)  QUALITY OF TREATMENT.--Each client committed
19  pursuant to this chapter shall receive treatment or training
20  suited to the client's needs, which shall be administered
21  skillfully, safely, and humanely with full respect for the
22  client's dignity and personal integrity.  Each client shall
23  receive such medical, vocational, social, educational, and
24  rehabilitative services as the client's condition requires to
25  bring about a return to court for disposition of charges or a
26  return to the community.  In order to achieve this goal, the
27  Department of Health and the Department of Children and Family
28  Services are department is directed to coordinate the services
29  of the Division of Mental Health, the Division of Substance
30  Abuse, and Alcohol, Drug Abuse and Mental Health Program
31  Office and the Developmental Services Program Office with all
                                 115
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  other programs of the two departments Department and other
  2  appropriate state agencies.
  3         Section 72.  Effective January 1, 2000, subsections
  4  (1), (3), and (10) of section 916.32, Florida Statutes, 1998
  5  Supplement, are amended to read:
  6         916.32  Definitions.--As used in ss. 916.31-916.49, the
  7  term:
  8         (1)  "Agency with jurisdiction" means the agency that
  9  releases, upon lawful order or authority, a person serving a
10  sentence in the custody of the Department of Corrections, a
11  person adjudicated delinquent and committed to the custody of
12  the Department of Juvenile Justice, or a person who was
13  involuntarily committed to the custody of the Department of
14  Health Children and Family Services upon an adjudication of
15  not guilty by reason of insanity.
16         (3)  "Department" means the Department of Health
17  Children and Family Services.
18         (10)  "Total confinement" means that the person is
19  currently being held in any physically secure facility being
20  operated or contractually operated for the Department of
21  Corrections, the Department of Juvenile Justice, or the
22  Department of Health Children and Family Services.
23         Section 73.  Effective January 1, 2000, subsection (3)
24  of section 916.33, Florida Statutes, 1998 Supplement, is
25  amended to read:
26         916.33  Notice to state attorney and multidisciplinary
27  team of release of sexually violent predator; establishing
28  multidisciplinary team.--
29         (3)  The Secretary of Health Children and Family
30  Services shall establish a multidisciplinary team, which shall
31  include two licensed psychiatrists or psychologists, or one
                                 116
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  licensed psychiatrist and one licensed psychologist,
  2  designated by the secretary of Children and Family Services.
  3  The Attorney General's Office shall serve as legal counsel to
  4  the multidisciplinary team. The team, within 45 days after
  5  receiving notice, shall assess whether the person meets the
  6  definition of a sexually violent predator and provide the
  7  state attorney with its written assessment and recommendation.
  8         Section 74.  Effective January 1, 2000, subsection (2)
  9  of section 916.37, Florida Statutes, 1998 Supplement, is
10  amended to read:
11         916.37  Determination; commitment procedure; mistrials;
12  housing.--
13         (2)  If the court or jury determines that the person is
14  a sexually violent predator, the person shall be committed to
15  the custody of the department of Children and Family Services
16  for control, care, and treatment until such time as the
17  person's mental abnormality or personality disorder has so
18  changed that it is safe for the person to be at large. At all
19  times, sexually violent predators who are committed for
20  control, care, and treatment by the department of Children and
21  Family Services under this section shall be kept in a secure
22  facility segregated from patients who are not committed under
23  this section.
24         Section 75.  Effective January 1, 2000, subsection (1)
25  of section 916.39, Florida Statutes, 1998 Supplement, is
26  amended to read:
27         916.39  Authorized petition for release; procedure.--
28         (1)  If the Secretary of Health Children and Family
29  Services or the secretary's designee at any time determines
30  that the person is not likely to commit acts of sexual
31  violence if conditionally discharged, the secretary or the
                                 117
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  secretary's designee shall authorize the person to petition
  2  the court for release.  The petition shall be served upon the
  3  court and the state attorney. The court, upon receipt of such
  4  a petition, shall order a trial before the court within 30
  5  days, unless continued for good cause.
  6         Section 76.  Effective January 1, 2000, section 916.40,
  7  Florida Statutes, 1998 Supplement, is amended to read:
  8         916.40  Petition for release.--Sections 916.31-916.49
  9  do not prohibit a person from filing a petition for discharge
10  at any time. However, if the person has previously filed such
11  a petition without the approval of the Secretary of Health
12  Children and Family Services or the secretary's designee and
13  the court determined that the petition was without merit, a
14  subsequent petition shall be denied unless the petition
15  contains facts upon which a court could find that the person's
16  condition has so changed that a probable cause hearing is
17  warranted.
18         Section 77.  Effective January 1, 2000, section 916.49,
19  Florida Statutes, 1998 Supplement, is amended to read:
20         916.49  Department of Children and Family Services
21  responsible for costs.--The department of Children and Family
22  Services is responsible for all costs relating to the
23  evaluation and treatment of persons committed to the
24  department's custody as sexually violent predators. A county
25  is not obligated to fund costs for psychological examinations,
26  expert witnesses, court-appointed counsel, or other costs
27  required by ss. 916.31-916.49. Other costs for psychological
28  examinations, expert witnesses, and court-appointed counsel
29  required by ss. 916.31-916.49 shall be paid from state funds
30  appropriated by general law.
31
                                 118
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         Section 78.  Effective January 1, 2000, subsection (2)
  2  of section 938.23, Florida Statutes, is amended to read:
  3         938.23  Assistance grants for alcohol and other drug
  4  abuse programs.--
  5         (2)  All assessments authorized by this section shall
  6  be collected by the clerk of court and remitted to the
  7  jurisdictional county as described in s. 893.165(2) for
  8  deposit into the County Alcohol and Other Drug Abuse Trust
  9  Fund or to the Department of Health and Rehabilitative
10  Services for deposit into the department's Community Alcohol
11  and Other Drug Abuse Services Grants and Donations Trust Fund
12  pursuant to guidelines and priorities developed by the
13  department.  If a County Alcohol and Other Drug Abuse Trust
14  Fund has not been established for any jurisdictional county,
15  assessments collected by the clerk of court shall be remitted
16  to the Department of Health and Rehabilitative Services for
17  deposit into the department's Community Alcohol and Other Drug
18  Abuse Services Grants and Donations Trust Fund.
19         Section 79.  Effective January 1, 2000, subsection (2)
20  of section 944.706, Florida Statutes, is amended to read:
21         944.706  Basic release assistance.--
22         (2)  The department is authorized to contract with the
23  Department of Health, the Department of Children and Family
24  and Rehabilitative Services, the Salvation Army, and other
25  public or private organizations for the provision of basic
26  support services for releasees.  The department shall contract
27  with the Department of Labor and Employment Security for the
28  provision of releasee job placement.
29         Section 80.  Effective January 1, 2000, subsection (2)
30  of section 945.025, Florida Statutes, is amended to read:
31         945.025  Jurisdiction of department.--
                                 119
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (2)  In establishing, operating, and utilizing these
  2  facilities, the department shall attempt, whenever possible,
  3  to avoid the placement of nondangerous offenders who have
  4  potential for rehabilitation with repeat offenders or
  5  dangerous offenders. Medical, mental, and psychological
  6  problems shall be diagnosed and treated whenever possible.
  7  The Department of Health and Rehabilitative Services shall
  8  cooperate to ensure the delivery of services to persons under
  9  the custody or supervision of the department.  When it is the
10  intent of the department to transfer a mentally ill or
11  retarded prisoner to the Department of Health or the
12  Department of Children and Family and Rehabilitative Services,
13  an involuntary commitment hearing shall be held according to
14  the provisions of chapter 393 or chapter 394.
15         Section 81.  Effective January 1, 2000, subsection (6)
16  of section 945.12, Florida Statutes, is amended to read:
17         945.12  Transfers for rehabilitative treatment.--
18         (6)  A prisoner who has been determined by the
19  Department of Health and Rehabilitative Services and the
20  Department of Corrections to be amenable to rehabilitative
21  treatment for sexual deviation, and who has voluntarily agreed
22  to participate in such rehabilitative treatment, may be
23  transferred to the Department of Health and Rehabilitative
24  Services provided appropriate bed space is available.
25         Section 82.  Effective January 1, 2000, subsection (1)
26  of section 945.41, Florida Statutes, is amended to read:
27         945.41  Legislative intent of ss. 945.40-945.49.--It is
28  the intent of the Legislature that mentally ill inmates in the
29  custody of the Department of Corrections receive evaluation
30  and appropriate treatment for their mental illness through a
31
                                 120
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  continuum of services.  It is further the intent of the
  2  Legislature that:
  3         (1)  Inmates in the custody of the department who have
  4  mental illnesses that require hospitalization and intensive
  5  psychiatric inpatient treatment or care receive appropriate
  6  treatment or care in Department of Corrections mental health
  7  treatment facilities designated for that purpose. The
  8  department shall contract with the Department of Health and
  9  Rehabilitative Services for the provision of mental health
10  services in any departmental mental health treatment facility.
11  The Department of Corrections shall provide mental health
12  services to inmates committed to it and may contract with any
13  persons or agencies qualified to provide such services.
14         Section 83.  Effective January 1, 2000, subsections (2)
15  and (3) of section 945.47, Florida Statutes, are amended to
16  read:
17         945.47  Discharge of inmate from mental health
18  treatment.--
19         (2)  An inmate who is involuntarily placed pursuant to
20  s. 394.467 at the expiration of his or her sentence may be
21  placed, by order of the court, in a facility designated by the
22  Department of Health and Rehabilitative Services as a secure,
23  nonforensic, civil facility.  Such a placement shall be
24  conditioned upon a finding by the court of clear and
25  convincing evidence that the inmate is manifestly dangerous to
26  himself or herself or others.  The need for such placement
27  shall be reviewed by facility staff every 90 days.  At any
28  time that a patient is considered for transfer to a nonsecure,
29  civil unit, the court which entered the order for involuntary
30  placement shall be notified.
31
                                 121
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (3)  At any time that an inmate who has received mental
  2  health treatment while in the custody of the department
  3  becomes eligible for release on parole, a complete record of
  4  the inmate's treatment shall be provided to the Parole
  5  Commission and to the Department of Health and Rehabilitative
  6  Services.  The record shall include, at least, the inmate's
  7  diagnosis, length of stay in treatment, clinical history,
  8  prognosis, prescribed medication, and treatment plan and
  9  recommendations for aftercare services.  In the event that the
10  inmate is released on parole, the record shall be provided to
11  the parole officer who shall assist the inmate in applying for
12  services from a professional or an agency in the community.
13  The application for treatment and continuation of treatment by
14  the inmate may be made a condition of parole, as provided in
15  s. 947.19(1); and a failure to participate in prescribed
16  treatment may be a basis for initiation of parole violation
17  hearings.
18         Section 84.  Effective January 1, 2000, subsection (2)
19  of section 945.49, Florida Statutes, is amended to read:
20         945.49  Operation and administration.--
21         (2)  RULES.--The department, in cooperation with the
22  Division of Mental Health Program Office of the Department of
23  Health and Rehabilitative Services, shall adopt rules
24  necessary for administration of ss. 945.40-945.49 in
25  accordance with chapter 120.
26         Section 85.  Effective January 1, 2000, subsection (9)
27  of section 947.146, Florida Statutes, 1998 Supplement, is
28  amended to read:
29         947.146  Control Release Authority.--
30         (9)  The authority shall examine such records as it
31  deems necessary of the department, the Department of Health,
                                 122
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  the Department of Children and Family and Rehabilitative
  2  Services, the Department of Law Enforcement, and any other
  3  such agency for the purpose of either establishing, modifying,
  4  or revoking a control release date. The victim impact
  5  statement shall be included in such records for examination.
  6  Such agencies shall provide the information requested by the
  7  authority for the purposes of fulfilling the requirements of
  8  this section.
  9         Section 86.  Effective January 1, 2000, subsections (3)
10  and (5) of section 948.034, Florida Statutes, 1998 Supplement,
11  are amended to read:
12         948.034  Terms and conditions of probation; community
13  residential drug punishment centers.--
14         (3)  Whenever the authorized provider for substance
15  abuse treatment pursuant to this section is the same provider
16  that conducts the substance abuse evaluations, that provider
17  must submit a quarterly statistical report that shall be
18  reviewed by the Department of Health Children and Family
19  Services to ensure that excessive referrals to treatment have
20  not been made. A programmatic and statistical report must be
21  submitted annually to the Department of Health Children and
22  Family Services by each provider authorized to provide
23  services under this section.
24         (5)  The Department of Corrections, in consultation
25  with the Department of Health Children and Family Services,
26  shall adopt rules as necessary to implement the provisions of
27  this section relating to program standards and performance
28  objectives of community residential drug punishment centers.
29         Section 87.  Effective January 1, 2000, subsection (7)
30  of section 984.225, Florida Statutes, 1998 Supplement, is
31  amended to read:
                                 123
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         984.225  Powers of disposition; placement in a
  2  staff-secure shelter.--
  3         (7)  If the child requires residential mental health
  4  treatment or residential care for a developmental disability,
  5  the court shall refer the child to the Department of Health or
  6  the Department of Children and Family Services, as
  7  appropriate, for the provision of necessary services.
  8         Section 88.  Effective January 1, 2000, subsection (2)
  9  of section 985.06, Florida Statutes, is amended to read:
10         985.06  Statewide information-sharing system;
11  interagency workgroup.--
12         (2)  The interagency workgroup shall be coordinated
13  through the Department of Education and shall include
14  representatives from the state agencies specified in
15  subsection (1), school superintendents, school district
16  information system directors, principals, teachers, juvenile
17  court judges, police chiefs, county sheriffs, clerks of the
18  circuit court, the Department of Children and Family Services,
19  the Department of Health, providers of juvenile services
20  including a provider from a juvenile substance abuse program,
21  and district juvenile justice managers.
22         Section 89.  Effective January 1, 2000, paragraph (a)
23  of subsection (1) of section 985.21, Florida Statutes, 1998
24  Supplement, is amended to read:
25         985.21  Intake and case management.--
26         (1)(a)  During the intake process, the juvenile
27  probation officer shall screen each child to determine:
28         1.  Appropriateness for release, referral to a
29  diversionary program including, but not limited to, a
30  teen-court program, referral for community arbitration, or
31
                                 124
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  referral to some other program or agency for the purpose of
  2  nonofficial or nonjudicial handling.
  3         2.  The presence of medical, psychiatric,
  4  psychological, substance abuse, educational problems, or other
  5  conditions that may have caused the child to come to the
  6  attention of law enforcement or the Department of Juvenile
  7  Justice. In cases where such conditions are identified, and a
  8  nonjudicial handling of the case is chosen, the juvenile
  9  probation officer shall attempt to refer the child to a
10  program or agency, together with all available and relevant
11  assessment information concerning the child's precipitating
12  condition.
13         3.  The Department of Juvenile Justice shall develop an
14  intake and a case management system whereby a child brought
15  into intake is assigned a juvenile probation officer if the
16  child was not released, referred to a diversionary program,
17  referred for community arbitration, or referred to some other
18  program or agency for the purpose of nonofficial or
19  nonjudicial handling, and shall make every reasonable effort
20  to provide case management services for the child; provided,
21  however, that case management for children committed to
22  residential programs may be transferred as provided in s.
23  985.316.
24         4.  In addition to duties specified in other sections
25  and through departmental rules, the assigned juvenile
26  probation officer shall be responsible for the following:
27         a.  Ensuring that a risk assessment instrument
28  establishing the child's eligibility for detention has been
29  accurately completed and that the appropriate recommendation
30  was made to the court.
31
                                 125
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         b.  Inquiring as to whether the child understands his
  2  or her rights to counsel and against self-incrimination.
  3         c.  Performing the preliminary screening and making
  4  referrals for comprehensive assessment regarding the child's
  5  need for substance abuse treatment services, mental health
  6  services, retardation services, literacy services, or other
  7  educational or treatment services.
  8         d.  Coordinating the multidisciplinary assessment when
  9  required, which includes the classification and placement
10  process that determines the child's priority needs, risk
11  classification, and treatment plan. When sufficient evidence
12  exists to warrant a comprehensive assessment and the child
13  fails to voluntarily participate in the assessment efforts, it
14  is the responsibility of the juvenile probation officer to
15  inform the court of the need for the assessment and the
16  refusal of the child to participate in such assessment. This
17  assessment, classification, and placement process shall
18  develop into the predisposition report.
19         e.  Making recommendations for services and
20  facilitating the delivery of those services to the child,
21  including any mental health services, educational services,
22  family counseling services, family assistance services, and
23  substance abuse services. The juvenile probation officer shall
24  serve as the primary case manager for the purpose of managing,
25  coordinating, and monitoring the services provided to the
26  child. Each program administrator within the Department of
27  Children and Family Services and the Department of Health
28  shall cooperate with the primary case manager in carrying out
29  the duties and responsibilities described in this section.
30
31
                                 126
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  The Department of Juvenile Justice shall annually advise the
  2  Legislature and the Executive Office of the Governor of the
  3  resources needed in order for the intake and case management
  4  system to maintain a staff-to-client ratio that is consistent
  5  with accepted standards and allows the necessary supervision
  6  and services for each child. The intake process and case
  7  management system shall provide a comprehensive approach to
  8  assessing the child's needs, relative risks, and most
  9  appropriate handling, and shall be based on an individualized
10  treatment plan.
11         Section 90.  Effective January 1, 2000, section
12  985.223, Florida Statutes, 1998 Supplement, is amended to
13  read:
14         985.223  Incompetency in juvenile delinquency cases.--
15         (1)  If, at any time prior to or during a delinquency
16  case, the court has reason to believe that the child named in
17  the petition may be incompetent to proceed with the hearing,
18  the court on its own motion may, or on the motion of the
19  child's attorney or state attorney must, stay all proceedings
20  and order an evaluation of the child's mental condition.
21         (a)  Any motion questioning the child's competency to
22  proceed must be served upon the child's attorney, the state
23  attorney, the attorneys representing the Department of
24  Juvenile Justice, the attorneys representing the Department of
25  Health, and the attorneys representing the Department of
26  Children and Family Services. Thereafter, any motion, notice
27  of hearing, order, or other legal pleading relating to the
28  child's competency to proceed with the hearing must be served
29  upon the child's attorney, the state attorney, the attorneys
30  representing the Department of Juvenile Justice, the attorneys
31
                                 127
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  representing the Department of Health, and the attorneys
  2  representing the Department of Children and Family Services.
  3         (b)  All determinations of competency shall be made at
  4  a hearing, with findings of fact based on an evaluation of the
  5  child's mental condition made by not less than two nor more
  6  than three experts appointed by the court.  The basis for the
  7  determination of incompetency must be specifically stated in
  8  the evaluation.  In addition, a recommendation as to whether
  9  residential or nonresidential treatment or training is
10  required must be included in the evaluation. Experts appointed
11  by the court to determine the mental condition of a child
12  shall be allowed reasonable fees for services rendered. State
13  employees may be paid expenses pursuant to s. 112.061. The
14  fees shall be taxed as costs in the case.
15         (c)  All court orders determining incompetency must
16  include specific written findings by the court as to the
17  nature of the incompetency and whether the child requires
18  secure or nonsecure treatment or training environments.
19         (d)  For incompetency evaluations related to mental
20  illness, the Department of Health Children and Family Services
21  shall annually provide the courts with a list of mental health
22  professionals who have completed a training program approved
23  by the Department of Health Children and Family Services to
24  perform the evaluations.
25         (e)  For incompetency evaluations related to mental
26  retardation, the court shall order the Developmental Services
27  Program Office within the Department of Children and Family
28  Services to examine the child to determine if the child meets
29  the definition of "retardation" in s. 393.063 and, if so,
30  whether the child is competent to proceed with delinquency
31  proceedings.
                                 128
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (f)  A child is competent to proceed if the child has
  2  sufficient present ability to consult with counsel with a
  3  reasonable degree of rational understanding and the child has
  4  a rational and factual understanding of the present
  5  proceedings.  The report must address the child's capacity to:
  6         1.  Appreciate the charges or allegations against the
  7  child.
  8         2.  Appreciate the range and nature of possible
  9  penalties that may be imposed in the proceedings against the
10  child, if applicable.
11         3.  Understand the adversarial nature of the legal
12  process.
13         4.  Disclose to counsel facts pertinent to the
14  proceedings at issue.
15         5.  Display appropriate courtroom behavior.
16         6.  Testify relevantly.
17         (g)  Immediately upon the filing of the court order
18  finding a child incompetent to proceed, the clerk of the court
19  shall notify the Department of Health and the Department of
20  Children and Family Services and fax or hand deliver to both
21  departments the Department of Children and Family Services a
22  referral packet which includes, at a minimum, the court order,
23  the charging documents, the petition, and the court-appointed
24  evaluator's reports.
25         (h)  After placement of the child in the appropriate
26  setting, the Department of Health within 30 days after that
27  department places the child, or the Department of Children and
28  Family Services must, within 30 days after that the department
29  of Children and Family Services places the child, must prepare
30  and submit to the court a treatment plan for the child's
31  restoration of competency. A copy of the treatment plan must
                                 129
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  be served upon the child's attorney, the state attorney, and
  2  the attorneys representing the Department of Juvenile Justice,
  3  the attorneys representing the Department of Health, and the
  4  attorneys representing the Department of Children and Family
  5  Services.
  6         (2)  A child who is mentally ill or retarded, who is
  7  adjudicated incompetent to proceed, and who has committed a
  8  delinquent act or violation of law, either of which would be a
  9  felony if committed by an adult, must be committed to the
10  Department of Health or the Department of Children and Family
11  Services, as appropriate, for treatment or training. A child
12  who has been adjudicated incompetent to proceed because of age
13  or immaturity, or for any reason other than for mental illness
14  or retardation, must not be committed to the department or to
15  the Department of Health or the Department of Children and
16  Family Services for restoration-of-competency treatment or
17  training services. For purposes of this section, a child who
18  has committed a delinquent act or violation of law, either of
19  which would be a misdemeanor if committed by an adult, may not
20  be committed to the department or to the Department of Health
21  or the Department of Children and Family Services for
22  restoration-of-competency treatment or training services.
23         (3)  If the court finds that a child is mentally ill or
24  retarded and adjudicates the child incompetent to proceed, the
25  court must also determine whether the child meets the criteria
26  for secure placement. A child may be placed in a secure
27  facility or program if the court makes a finding by clear and
28  convincing evidence that:
29         (a)  The child is mentally ill and because of the
30  mental illness; or the child is mentally retarded and because
31  of the mental retardation:
                                 130
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         1.  The child is manifestly incapable of surviving with
  2  the help of willing and responsible family or friends,
  3  including available alternative services, and without
  4  treatment or training the child is likely to either suffer
  5  from neglect or refuse to care for self, and such neglect or
  6  refusal poses a real and present threat of substantial harm to
  7  the child's well-being; or
  8         2.  There is a substantial likelihood that in the near
  9  future the child will inflict serious bodily harm on self or
10  others, as evidenced by recent behavior causing, attempting,
11  or threatening such harm; and
12         (b)  All available less restrictive alternatives,
13  including treatment or training in community residential
14  facilities or community settings which would offer an
15  opportunity for improvement of the child's condition, are
16  inappropriate.
17         (4)  A child who is determined to be mentally ill or
18  retarded, who has been adjudicated incompetent to proceed, and
19  who meets the criteria set forth in subsection (3), must be
20  committed to the Department of Health or the Department of
21  Children and Family Services, as appropriate, and that
22  department and the Department of Children and Family Services
23  must treat or train the child in a secure facility or program
24  which is the least restrictive alternative consistent with
25  public safety.  Any placement of a child to a secure
26  residential program must be separate from adult forensic
27  programs.  If the child attains competency, then custody, case
28  management, and supervision of the child will be transferred
29  to the department in order to continue delinquency
30  proceedings; however, the court retains authority to order the
31  Department of Health or Department of Children and Family
                                 131
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  Services to provide continued treatment to maintain
  2  competency.
  3         (a)  A child adjudicated incompetent due to mental
  4  retardation may be ordered into a secure program or facility
  5  designated by the Department of Children and Family Services
  6  for retarded children.
  7         (b)  A child adjudicated incompetent due to mental
  8  illness may be ordered into a secure program or facility
  9  designated by the Department of Health Children and Family
10  Services for mentally ill children.
11         (c)  Whenever a child is placed in a secure residential
12  facility, the department will provide transportation to the
13  secure residential facility for admission and from the secure
14  residential facility upon discharge.
15         (d)  The purpose of the treatment or training is the
16  restoration of the child's competency to proceed.
17         (e)  The service provider must file a written report
18  with the court pursuant to the applicable Florida Rules of
19  Juvenile Procedure not later than 6 months after the date of
20  commitment, or at the end of any period of extended treatment
21  or training, and at any time the Department of Health or the
22  Department of Children and Family Services, through its
23  service provider determines the child has attained competency
24  or no longer meets the criteria for secure placement, or at
25  such shorter intervals as ordered by the court. A copy of a
26  written report evaluating the child's competency must be filed
27  by the provider with the court and with the state attorney,
28  the child's attorney, the department, the Department of
29  Health, and the Department of Children and Family Services.
30         (5)(a)  If a child is determined to be incompetent to
31  proceed, the court shall retain jurisdiction of the child for
                                 132
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  up to 2 years after the date of the order of incompetency,
  2  with reviews at least every 6 months to determine competency.
  3         (b)  Whenever the provider files a report with the
  4  court informing the court that the child will never become
  5  competent to proceed, the Department of Health or the
  6  Department of Children and Family Services, as appropriate,
  7  will develop a discharge plan for the child prior to any
  8  hearing determining whether the child will ever become
  9  competent to proceed. The Department of Health or Department
10  of Children and Family Services must send the proposed
11  discharge plan to the court, the state attorney, the child's
12  attorney, and the attorneys representing the Department of
13  Juvenile Justice, the attorneys representing the Department of
14  Health, and the attorneys representing the Department of
15  Children and Family Services. The provider will continue to
16  provide services to the child until the court issues the order
17  finding the child will never become competent to proceed.
18         (c)  If the court determines at any time that the child
19  will never become competent to proceed, the court may dismiss
20  the delinquency petition. If, at the end of the 2-year period
21  following the date of the order of incompetency, the child has
22  not attained competency and there is no evidence that the
23  child will attain competency within a year, the court must
24  dismiss the delinquency petition.  If appropriate, the court
25  may order that proceedings under chapter 393 or chapter 394 be
26  instituted.  Such proceedings must be instituted not less than
27  60 days prior to the dismissal of the delinquency petition.
28         (6)(a)  If a child is determined to be mentally ill or
29  retarded and is found to be incompetent to proceed but does
30  not meet the criteria set forth in subsection (3), the court
31  shall commit the child to the Department of Health or the
                                 133
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  Department of Children and Family Services, as appropriate,
  2  and shall order that department the Department of Children and
  3  Family Services to provide appropriate treatment and training
  4  in the community. The purpose of the treatment or training is
  5  the restoration of the child's competency to proceed.
  6         (b)  All court-ordered treatment or training must be
  7  the least restrictive alternative that is consistent with
  8  public safety. Any placement by the Department of Health or
  9  the Department of Children and Family Services to a
10  residential program must be separate from adult forensic
11  programs.
12         (c)  If a child is ordered to receive competency
13  restoration services, the services shall be provided by the
14  Department of Health or the Department of Children and Family
15  Services, as appropriate. The department shall continue to
16  provide case management services to the child. The department,
17  the Department of Health, and the Department of Children and
18  Family Services shall continue to and receive notice of the
19  competency status of the child.
20         (d)  The service provider must file a written report
21  with the court pursuant to the applicable Florida Rules of
22  Juvenile Procedure, not later than 6 months after the date of
23  commitment, at the end of any period of extended treatment or
24  training, and at any time the service provider determines the
25  child has attained competency or will never attain competency,
26  or at such shorter intervals as ordered by the court. A copy
27  of a written report evaluating the child's competency must be
28  filed by the provider with the court, the state attorney, the
29  child's attorney, the Department of Health, the Department of
30  Children and Family Services, and the department.
31
                                 134
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (7)  The provisions of this section shall be
  2  implemented only subject to specific appropriation.
  3         Section 91.  Effective January 1, 2000, paragraph (c)
  4  of subsection (3) of section 985.226, Florida Statutes, 1998
  5  Supplement, is amended to read:
  6         985.226  Criteria for waiver of juvenile court
  7  jurisdiction; hearing on motion to transfer for prosecution as
  8  an adult.--
  9         (3)  WAIVER HEARING.--
10         (c)  The court shall conduct a hearing on all transfer
11  request motions for the purpose of determining whether a child
12  should be transferred. In making its determination, the court
13  shall consider:
14         1.  The seriousness of the alleged offense to the
15  community and whether the protection of the community is best
16  served by transferring the child for adult sanctions.
17         2.  Whether the alleged offense was committed in an
18  aggressive, violent, premeditated, or willful manner.
19         3.  Whether the alleged offense was against persons or
20  against property, greater weight being given to offenses
21  against persons, especially if personal injury resulted.
22         4.  The probable cause as found in the report,
23  affidavit, or complaint.
24         5.  The desirability of trial and disposition of the
25  entire offense in one court when the child's associates in the
26  alleged crime are adults or children who are to be tried as
27  adults.
28         6.  The sophistication and maturity of the child.
29         7.  The record and previous history of the child,
30  including:
31
                                 135
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         a.  Previous contacts with the department, the
  2  Department of Corrections, the former Department of Health and
  3  Rehabilitative Services, the Department of Children and Family
  4  Services, the Department of Health, other law enforcement
  5  agencies, and courts;
  6         b.  Prior periods of probation or community control;
  7         c.  Prior adjudications that the child committed a
  8  delinquent act or violation of law, greater weight being given
  9  if the child has previously been found by a court to have
10  committed a delinquent act or violation of law involving an
11  offense classified as a felony or has twice previously been
12  found to have committed a delinquent act or violation of law
13  involving an offense classified as a misdemeanor; and
14         d.  Prior commitments to institutions.
15         8.  The prospects for adequate protection of the public
16  and the likelihood of reasonable rehabilitation of the child,
17  if the child is found to have committed the alleged offense,
18  by the use of procedures, services, and facilities currently
19  available to the court.
20         Section 92.  Effective January 1, 2000, paragraph (f)
21  of subsection (2) of section 985.23, Florida Statutes, 1998
22  Supplement, is amended to read:
23         985.23  Disposition hearings in delinquency
24  cases.--When a child has been found to have committed a
25  delinquent act, the following procedures shall be applicable
26  to the disposition of the case:
27         (2)  The first determination to be made by the court is
28  a determination of the suitability or nonsuitability for
29  adjudication and commitment of the child to the department.
30  This determination shall be based upon the predisposition
31  report which shall include, whether as part of the child's
                                 136
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  multidisciplinary assessment, classification, and placement
  2  process components or separately, evaluation of the following
  3  criteria:
  4         (f)  The record and previous criminal history of the
  5  child, including without limitations:
  6         1.  Previous contacts with the department, the former
  7  Department of Health and Rehabilitative Services, the
  8  Department of Children and Family Services, the Department of
  9  Health, the Department of Corrections, other law enforcement
10  agencies, and courts;
11         2.  Prior periods of probation or community control;
12         3.  Prior adjudications of delinquency; and
13         4.  Prior commitments to institutions.
14
15  It is the intent of the Legislature that the criteria set
16  forth in subsection (2) are general guidelines to be followed
17  at the discretion of the court and not mandatory requirements
18  of procedure.  It is not the intent of the Legislature to
19  provide for the appeal of the disposition made pursuant to
20  this subsection.
21         Section 93.  Effective January 1, 2000, paragraph (b)
22  of subsection (1) of section 985.233, Florida Statutes, is
23  amended to read:
24         985.233  Sentencing powers; procedures; alternatives
25  for juveniles prosecuted as adults.--
26         (1)  POWERS OF DISPOSITION.--
27         (b)  In determining whether to impose juvenile
28  sanctions instead of adult sanctions, the court shall consider
29  the following criteria:
30
31
                                 137
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         1.  The seriousness of the offense to the community and
  2  whether the community would best be protected by juvenile or
  3  adult sanctions.
  4         2.  Whether the offense was committed in an aggressive,
  5  violent, premeditated, or willful manner.
  6         3.  Whether the offense was against persons or against
  7  property, with greater weight being given to offenses against
  8  persons, especially if personal injury resulted.
  9         4.  The sophistication and maturity of the offender.
10         5.  The record and previous history of the offender,
11  including:
12         a.  Previous contacts with the Department of
13  Corrections, the Department of Juvenile Justice, the former
14  Department of Health and Rehabilitative Services, the
15  Department of Children and Family Services, the Department of
16  Health, law enforcement agencies, and the courts.
17         b.  Prior periods of probation or community control.
18         c.  Prior adjudications that the offender committed a
19  delinquent act or violation of law as a child.
20         d.  Prior commitments to the Department of Juvenile
21  Justice, the former Department of Health and Rehabilitative
22  Services, the Department of Children and Family Services, the
23  Department of Health, or other facilities or institutions.
24         6.  The prospects for adequate protection of the public
25  and the likelihood of deterrence and reasonable rehabilitation
26  of the offender if assigned to services and facilities of the
27  Department of Juvenile Justice.
28         7.  Whether the Department of Juvenile Justice has
29  appropriate programs, facilities, and services immediately
30  available.
31
                                 138
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         8.  Whether adult sanctions would provide more
  2  appropriate punishment and deterrence to further violations of
  3  law than the imposition of juvenile sanctions.
  4         Section 94.  Effective January 1, 2000, subsections
  5  (12) and (14) of section 985.308, Florida Statutes, 1998
  6  Supplement, are amended to read:
  7         985.308  Juvenile sexual offender commitment programs;
  8  sexual abuse intervention networks.--
  9         (12)  Membership of a sexual abuse intervention network
10  shall include, but is not limited to, representatives from:
11         (a)  Local law enforcement agencies.;
12         (b)  Local school boards.;
13         (c)  Child protective investigators.;
14         (d)  The office of the state attorney.;
15         (e)  The office of the public defender.;
16         (f)  The juvenile division of the circuit court.;
17         (g)  Professionals licensed under chapter 458, chapter
18  459, s. 490.0145, or s. 491.0144 providing treatment for
19  juvenile sexual offenders or their victims.;
20         (h)  The guardian ad litem program.;
21         (i)  The Department of Juvenile Justice.; and
22         (j)  The Department of Children and Family Services.
23         (k)  The Department of Health.
24         (14)  Subject to specific appropriation, availability
25  of funds, or receipt of appropriate grant funds, the Office of
26  the Attorney General, the Department of Children and Family
27  Services, the Department of Health, the Department of Juvenile
28  Justice, or local juvenile justice councils shall award grants
29  to sexual abuse intervention networks that apply for such
30  grants. The grants may be used for training, treatment,
31  aftercare, evaluation, public awareness, and other specified
                                 139
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  community needs that are identified by the network. A grant
  2  shall be awarded based on the applicant's level of local
  3  funding, level of collaboration, number of juvenile sexual
  4  offenders to be served, number of victims to be served, and
  5  level of unmet needs. The Department of Legal Affairs' Office
  6  of the Attorney General, in collaboration with the Department
  7  of Juvenile Justice, the Department of Health, and the
  8  Department of Children and Family Services, shall establish by
  9  rule minimum standards for each respective department for
10  residential and day treatment juvenile sexual offender
11  programs funded under this subsection.
12         Section 95.  Behavioral health care transition advisory
13  committee.--
14         (1)  Effective July 1, 1999, the Secretary of Health
15  and the Secretary of Children and Family Services shall each
16  appoint three staff members to a behavioral health care
17  transition advisory committee. The members of the committee
18  must represent staff of the respective departments, including
19  representatives from the headquarter's level area office or
20  district offices, and local staff including a facility staff
21  representative, who are involved in the transferred functions.
22  The Secretary of Health shall also appoint one committee
23  member to represent the mental health provider community. The
24  Secretary of Children and Family Services shall also appoint
25  one member to represent the substance abuse provider
26  community. In addition, the two secretaries shall jointly
27  appoint one person to represent the behavioral health care
28  consumer and advocacy groups on the committee. The Secretary
29  of Health shall designate a member of the committee to serve
30  as committee chair.
31
                                 140
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (2)  The purpose of the committee is to prepare for the
  2  transfer of behavioral health care functions from the
  3  Department of Children and Family Services to the Department
  4  of Health. The committee shall be located, for administrative
  5  purposes, in the Department of Health.
  6         (3)  By October 1, 1999, the committee shall prescribe
  7  a schedule of transition activities and functions with respect
  8  to the transfer of responsibilities. The schedule must, at a
  9  minimum, address:  office space, information support systems,
10  cash ownership and transfer, administrative support functions,
11  inventory and transfer of equipment and supplies, expenditure
12  transfers, budget authority and positions, and certifications
13  forward.
14         Section 96.  Commission on Mental Health and Substance
15  Abuse.--
16         (1)  FINDINGS.--The legislature finds that:  major
17  changes and improvements have occurred in how health care
18  services are planned, purchased, coordinated, and accounted
19  for; the management of the state's substance abuse and mental
20  health services system delineated in part IV of chapter 394,
21  Florida Statutes, has not been systematically reviewed and
22  updated in over 15 years; and the management of the
23  state-supported mental health and substance abuse system has
24  not kept pace with improvements in the field, thereby
25  diminishing the potential efficacy of its investment in mental
26  health services and substance abuse services. Therefore, it is
27  the intent of the Legislature that a systematic review of the
28  overall management of the state's mental health and substance
29  abuse system be conducted and that recommendations for
30  updating part IV of chapter 394, Florida Statutes, and other
31  related statutes be formulated.
                                 141
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (2)  CREATION.--There is created, within the Executive
  2  Office of the Governor, the Commission on Mental Health and
  3  Substance Abuse.
  4         (3)  DUTIES.--The duties of the Commission on Mental
  5  Health and Substance Abuse include the following:
  6         (a)  Conducting a review and evaluation of the
  7  management and functioning of the existing publicly supported
  8  mental health and substance abuse systems and services in the
  9  Department of Children and Family Services, the Department of
10  Health, the Agency for Health Care Administration, the
11  Department of Education, the Department of Juvenile Justice,
12  the Department of Corrections, and all other departments which
13  administer mental health and substance abuse services.  Such
14  review shall include, at a minimum, a review of current goals
15  and objectives, current planning, coordination management,
16  purchasing, contracting, financing, local government funding
17  responsibility, and accountability mechanisms.
18         (b)  Formulating recommendations to the Governor and
19  Legislature regarding the mission and objectives of
20  state-supported mental health and substance abuse services and
21  the planning, management, financing, contracting, coordination
22  and accountability mechanisms which will best foster the
23  recommended mission and objectives.
24         (4)  MEMBERSHIP.--The commission shall be composed of
25  17 members.
26         (a)  Category one members.--Eleven members shall be
27  citizens who have knowledge and interest in mental health and
28  substance abuse but who have no economic or other vested
29  interest in the recommendations produced by the commission.
30  Five of these members shall be appointed by the Governor, one
31  of whom shall be the Secretary of Health, one of whom must be
                                 142
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  a family member of a person receiving publicly supported
  2  mental health or substance abuse treatment services, and one
  3  of whom must be an individual who is receiving publicly
  4  supported mental health or substance abuse treatment services;
  5  three shall be appointed by the Speaker of the House of
  6  Representatives, one of whom shall be a member of the House;
  7  and three shall be appointed by the President of the Senate,
  8  one of whom shall be a member of the Senate.
  9         (b)  Category two members.--Six members shall be
10  individuals who are directly or indirectly involved with the
11  public mental health and substance abuse system and who have
12  specific expertise in clinical or administrative management of
13  behavioral health services.  Two of these members shall be
14  appointed by the Governor, one of whom must be a
15  representative of county government; two shall be appointed by
16  the Speaker of the House of Representatives; and two shall be
17  appointed by the President of the Senate.
18         (5)  ADVISORY COMMITTEE.--The commission shall appoint
19  an advisory committee representative of all state agencies
20  involved in administering mental health and substance abuse
21  services, and consumers, family members of consumers, and
22  current providers of public mental health or substance abuse
23  services.
24         (6)  STAFF.--The Executive Office of the Governor shall
25  appoint an executive director recommended by the commission,
26  who shall provide professional expertise and arrange for
27  required consultation, analysis, and secretarial/clerical
28  support for the commission.  Additional staff support shall be
29  provided by the department that houses the state mental health
30  and state substance abuse authorities.
31         (7)  MEETINGS; REPORTS.--
                                 143
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1         (a)  The commission shall conduct its first meeting no
  2  later than September 1999.
  3         (b)  The commission shall meet as often as necessary to
  4  fulfill its responsibilities.
  5         (c)  Committees shall be assigned as needed, composed
  6  of representatives of the commission and the advisory
  7  committee, and employees of the involved state agencies.
  8         (d)  All commission meetings shall be open to the
  9  public and shall be held at various locations around the state
10  to facilitate public participation.
11         (e)  The commission shall elect a chairperson from
12  among the category one members.
13         (f)  The commission shall submit an interim report to
14  the Governor, the Speaker of the House of Representatives, and
15  the President of the Senate no later than March 1, 2000.
16         (g)  A final report with recommendations shall be
17  submitted to the Governor, the Speaker of the House of
18  Representatives, and the President of the Senate no later than
19  December 1, 2000.
20         (h)  Authorization for the Commission on Mental Health
21  and Substance Abuse expires effective May 15, 2001.
22         Section 97.  There is hereby appropriated for each of
23  fiscal years 1999-2000 and 2000-2001 the sum of $75,000 from
24  the General Revenue Fund and $75,000 from administrative funds
25  available under Title XIX of the Social Security Act
26  (Medicaid), to the Executive Office of the Governor to fund
27  the Commission on Mental Health and Substance Abuse.
28         Section 98.  Interim contract and payment
29  authorization.--
30         (1)  Notwithstanding section 394.76(3)(a) and (c),
31  Florida Statutes, the Department of Health may use
                                 144
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 878
    27-463-99
  1  unit-costing methods of payment in contracts for purchasing
  2  mental health and substance abuse services through June 30,
  3  2001. The unit-cost contracting system shall account for those
  4  patient fees that are paid on behalf of a specific client and
  5  those that are earned and used by the provider for those
  6  services funded in whole or in part by the department.
  7         (2)  The department may reimburse actual expenditures
  8  for start-up contracts and fixed capital outlay contracts in
  9  accordance with contract specifications.
10         (3)  The department shall adopt administrative rules
11  pursuant to chapter 120, Florida Statutes, to implement this
12  section.
13         Section 99.  Except as otherwise provided in this act,
14  this act shall take effect July 1, 1999.
15
16            *****************************************
17                       LEGISLATIVE SUMMARY
18
      Effective January 1, 2000, transfers responsibility for
19    alcohol, drug abuse, and mental health programs and
      services, including mental health institutions, from the
20    Department of Children and Family Services to the
      Department of Health. Establishes within the Department
21    of Health a Division of Mental Health and a Division of
      Substance Abuse. Provides for appointment of a Deputy
22    Secretary for Behavioral Health Care who is responsible
      for the direct supervision of both divisions. Conforms
23    various provisions of the Florida Statutes to the
      transfer. Establishes a behavioral health care transition
24    committee to prepare and prescribe a schedule for the
      transfer of activities and functions. Establishes a
25    Commission on Mental Health and Substance Abuse to review
      and evaluate the existing mental health and substance
26    abuse systems and make recommendations to the Governor
      and Legislature. Requires a final report by December 1,
27    2000, and provides for the commission's expiration
      effective May 15, 2001. Provides an appropriation to fund
28    the commission.
29
30
31
                                 145