Senate Bill sb1116c1

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    Florida Senate - 2002                           CS for SB 1116

    By the Committee on Appropriations; and Senator Silver





    309-1907B-02

  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; amending s. 216.181, F.S.;

  4         providing for the use of funds by the

  5         department; amending s. 394.74, F.S.;

  6         prescribing a specified contract requirement;

  7         amending s. 394.908, F.S.; revising provisions

  8         governing substance abuse and mental health

  9         funding equity; amending s. 39.903, F.S.;

10         requiring the Department of Children and Family

11         Services to operate the domestic violence

12         program; specifying program purposes; repealing

13         s. 741.466, F.S., relating to the "Prevention

14         of Domestic and Sexual Violence Program";

15         amending s. 938.01, F.S.; specifying the amount

16         of funds available for use by the Department of

17         Children and Family Services and the Department

18         of Law Enforcement; repealing s. 4(2) of ch.

19         2001-184, Laws of Florida, and s. 7(2) of ch.

20         2001-232, Laws of Florida, relating to funding

21         for the Prevention of Domestic and Sexual

22         Violence Program; amending s. 414.035, F.S.;

23         revising provisions authorizing expenditures by

24         the department; amending s. 409.16745, F.S.;

25         abrogating the repeal of the community

26         partnership matching grant program; authorizing

27         the sale of a hospital and providing for the

28         use of the proceeds; providing an effective

29         date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Paragraph (c) of subsection (16) of section

  2  216.181, Florida Statutes, is amended to read:

  3         216.181  Approved budgets for operations and fixed

  4  capital outlay.--

  5         (16)

  6         (c)  Unless specifically prohibited in the General

  7  Appropriations Act, funds appropriated to the Department of

  8  Children and Family Services and the Department of Health may

  9  be advanced for those contracted services that were approved

10  for advancement by the Comptroller in fiscal year 1993-1994,

11  including those services contracted on a fixed-price or

12  unit-cost basis. For the 2001-2002 fiscal year only, funds

13  appropriated to the Department of Children and Family Services

14  in Specific Appropriations 302-466 and the Department of

15  Health in Specific Appropriations 503-637 of the 2001-2002

16  General Appropriations Act may be advanced, unless

17  specifically prohibited in such General Appropriations Act,

18  for those contracted services that were approved for

19  advancement by the Comptroller in fiscal year 1993-1994,

20  including those services contracted on a fixed-price or

21  unit-cost basis. This paragraph expires July 1, 2002.

22         Section 2.  Subsection (3) of section 394.74, Florida

23  Statutes, is amended to read:

24         394.74  Contracts for provision of local substance

25  abuse and mental health programs.--

26         (3)  Contracts shall include, but are not limited to:

27         (a)  A provision that, within the limits of available

28  resources, substance abuse and mental health crisis services,

29  as defined in s. 394.67(4), shall be available to any

30  individual residing or employed within the service area,

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  1  regardless of ability to pay for such services, current or

  2  past health condition, or any other factor;

  3         (b)  A provision that such services be available with

  4  priority of attention being given to individuals who exhibit

  5  symptoms of chronic or acute substance abuse or mental illness

  6  and who are unable to pay the cost of receiving such services;

  7         (c)  A provision that every reasonable effort to

  8  collect appropriate reimbursement for the cost of providing

  9  substance abuse and mental health services to persons able to

10  pay for services, including first-party payments and

11  third-party payments, shall be made by facilities providing

12  services pursuant to this act;

13         (d)  A program description and line-item operating

14  budget by program service component for substance abuse and

15  mental health services, provided the entire proposed operating

16  budget for the service provider will be displayed; and

17         (e)  A provision that client demographic, service, and

18  outcome information required for the department's Mental

19  Health and Substance Abuse Data System be submitted to the

20  department by a date specified in the contract. The department

21  may not pay the provider unless the required information has

22  been submitted by the specified date; and

23         (f)(e)  A requirement that the contractor must conform

24  to department rules and the priorities established thereunder.

25         Section 3.  Subsection (8) of section 394.908, Florida

26  Statutes, is amended to read:

27         394.908  Substance abuse and mental health funding

28  equity; distribution of appropriations.--In recognition of the

29  historical inequity among service districts of the former

30  Department of Health and Rehabilitative Services in the

31  funding of substance abuse and mental health services, and in

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  1  order to rectify this inequity and provide for equitable

  2  funding in the future throughout the state, the following

  3  funding process shall be adhered to:

  4         (8)  For fiscal year 2002-2003 2001-2002 only, and

  5  notwithstanding the provisions of this section, all new funds

  6  received in excess of fiscal year 2001-2002 recurring

  7  1998-1999 appropriations shall be allocated in accordance with

  8  the provisions of the General Appropriations Act; however,

  9  except as specified in this subsection, to the G. Pierce Wood

10  Memorial Hospital catchment area or other districts or

11  counties identified in the 2001-2002 General Appropriations

12  Act. The Department of Children and Family Services is

13  authorized to develop an alternative allocation methodology

14  based on national prevalence data for persons with severe and

15  persistent mental illness for use in the distribution of new

16  funds to the G. Pierce Wood Memorial Hospital catchment area.

17  no district shall receive an allocation of recurring funds

18  less than its initial approved operating budget, plus any

19  distributions of lump sum appropriations, for fiscal year

20  2001-2002 1998-1999, except for adjustments needed to

21  implement the SunCoast Region. This subsection expires July 1,

22  2003 2002.

23         Section 4.  Section 39.903, Florida Statutes, is

24  amended to read:

25         39.903  Duties and functions of the department with

26  respect to domestic violence.--

27         (1)  The department shall:

28         (a)  Develop by rule criteria for the approval or

29  rejection of certification or funding of domestic violence

30  centers.

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  1         (b)  Develop by rule minimum standards for domestic

  2  violence centers to ensure the health and safety of the

  3  clients in the centers.

  4         (c)  Receive and approve or reject applications for

  5  certification of domestic violence centers, and receive and

  6  approve or reject applications for funding of domestic

  7  violence centers. When approving funding for a newly certified

  8  domestic violence center, the department shall make every

  9  effort to minimize any adverse economic impact on existing

10  certified centers or services provided within the same

11  district.  In order to minimize duplication of services, the

12  department shall make every effort to encourage subcontracting

13  relationships with existing centers within the district.  If

14  any of the required services are exempted by the department

15  under s. 39.905(1)(c), the center shall not receive funding

16  for those services.

17         (d)  Evaluate each certified domestic violence center

18  annually to ensure compliance with the minimum standards. The

19  department has the right to enter and inspect the premises of

20  certified domestic violence centers at any reasonable hour in

21  order to effectively evaluate the state of compliance of these

22  centers with this part and rules relating to this part.

23         (e)  Adopt rules to implement this part.

24         (f)  Promote the involvement of certified domestic

25  violence centers in the coordination, development, and

26  planning of domestic violence programming in the districts and

27  the state.

28         (2)  The department shall serve as a clearinghouse for

29  information relating to domestic violence.

30         (3)  The department shall operate the domestic violence

31  program, which provides supervision, direction, coordination,

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  1  and administration of statewide activities related to the

  2  prevention of domestic violence.

  3         (4)(3)  The department shall enlist the assistance of

  4  public and voluntary health, education, welfare, and

  5  rehabilitation agencies in a concerted effort to prevent

  6  domestic violence and to treat persons engaged in or subject

  7  to domestic violence. With the assistance of these agencies,

  8  the department, within existing resources, shall formulate and

  9  conduct a research and evaluation program on domestic

10  violence. Efforts on the part of these agencies to obtain

11  relevant grants to fund this research and evaluation program

12  must be supported by the department.

13         (5)(4)  The department shall develop and provide

14  educational programs on domestic violence for the benefit of

15  the general public, persons engaged in or subject to domestic

16  violence, professional persons, or others who care for or may

17  be engaged in the care and treatment of persons engaged in or

18  subject to domestic violence.

19         (6)(5)  The department shall cooperate with, assist in,

20  and participate in, programs of other properly qualified

21  agencies, including any agency of the Federal Government,

22  schools of medicine, hospitals, and clinics, in planning and

23  conducting research on the prevention, care, treatment, and

24  rehabilitation of persons engaged in or subject to domestic

25  violence.

26         (7)(6)  The department shall contract with a statewide

27  association whose primary purpose is to represent and provide

28  technical assistance to domestic violence centers. This

29  association shall receive 2 percent of the Domestic Violence

30  Trust Fund for this purpose.

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    Florida Senate - 2002                           CS for SB 1116
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  1         Section 5.  Section 741.466, Florida Statutes, is

  2  repealed.

  3         Section 6.  Subsection (1) of section 938.01, Florida

  4  Statutes, as amended by section 29 of chapter 2001-254, Laws

  5  of Florida, section 19 of chapter 2001-122, Laws of Florida,

  6  section 1 of chapter 2001-184, Laws of Florida, section 3 of

  7  chapter 2001-232, Laws of Florida, and section 30 of chapter

  8  2001-254, Laws of Florida, is amended to read:

  9         938.01  Additional Court Cost Clearing Trust Fund.--

10         (Substantial rewording of subsection. See

11         s. 938.01(1), F.S., for present text.)

12         (1)  All courts created by Art. V of the State

13  Constitution shall, in addition to any fine or other penalty,

14  assess $3 as a court cost against every person convicted for

15  violation of a state penal or criminal statute or convicted

16  for violation of a municipal or county ordinance. Any person

17  whose adjudication is withheld pursuant to the provisions of

18  s. 318.14(9) or (10) shall also be assessed such cost. In

19  addition, $3 from every bond estreature or forfeited bail bond

20  related to such penal statutes or penal ordinances shall be

21  remitted to the Department of Revenue as described in this

22  subsection. However, no such assessment may be made against

23  any person convicted for violation of any state statute,

24  municipal ordinance, or county ordinance relating to the

25  parking of vehicles.

26         (a)  All costs collected by the courts pursuant to

27  subsection (1) shall be remitted to the Department of Revenue

28  in accordance with administrative rules adopted by the

29  executive director of the Department of Revenue for deposit in

30  the Additional Court Cost Clearing Trust Fund. These funds and

31  the funds deposited in the Additional Court Cost Clearing

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  1  Trust Fund pursuant to s. 318.21(2)(c) shall be distributed as

  2  follows:

  3         1.  Ninety-two percent to the Department of Law

  4  Enforcement Criminal Justice Standards and Training Trust

  5  Fund.

  6         2.  Six and three-tenths percent to the Department of

  7  Law Enforcement Operating Trust Fund for the Criminal Justice

  8  Grant Program.

  9         3.  One and seven-tenths percent to the Department of

10  Children and Family Services Domestic Violence Trust Fund for

11  the domestic violence program pursuant to s. 39.903(3).

12         (b)  The funds deposited in the Department of Law

13  Enforcement Criminal Justice Standards and Training Trust

14  Fund, the Department of Law Enforcement Operating Trust Fund,

15  and the Department of Children and Family Services Domestic

16  Violence Trust Fund may be invested. Any interest earned from

17  investing such funds and any unencumbered funds remaining at

18  the end of the budget cycle shall remain in the respective

19  trust fund.

20         (c)  All funds in the Department of Law Enforcement

21  Criminal Justice Standards and Training Trust Fund shall be

22  disbursed only in compliance with s. 943.25(9).

23         Section 7.  Subsection (2) of section 4 of chapter

24  2001-184, Laws of Florida, and subsection (2) of section 7 of

25  chapter 2001-232, Laws of Florida, are repealed.

26         Section 8.  Section 414.035, Florida Statutes, is

27  amended to read:

28         414.035  Authorized expenditures.--Any expenditures

29  from the Temporary Assistance for Needy Families block grant,

30  or from other state funds that the secretary or his or her

31  designee determines meets the maintenance-of-effort

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  1  requirement for the block grant, must shall be expended in

  2  accordance with the requirements and limitations of part A of

  3  Title IV of the Social Security Act, as amended, or any other

  4  applicable federal requirement or limitation. Prior to any

  5  expenditure of such funds, the secretary of Children and

  6  Family Services, or his or her designee, shall certify that

  7  controls are in place to ensure such funds are expended in

  8  accordance with the requirements and limitations of federal

  9  law and that any reporting requirements of federal law are

10  met. It shall be the responsibility of any entity to which

11  such funds are appropriated to obtain the required

12  certification prior to any expenditure of funds.

13         Section 9.  Section 409.16745, Florida Statutes, is

14  amended to read:

15         409.16745  Community partnership matching grant

16  program.--It is the intent of the Legislature to improve

17  services and local participation in community-based care

18  initiatives by fostering community support and providing

19  enhanced prevention and in-home services, thereby reducing the

20  risk otherwise faced by lead agencies. There is established a

21  community partnership matching grant program to be operated by

22  the Department of Children and Family Services for the purpose

23  of encouraging local participation in community-based care for

24  child welfare. Any children's services council or other local

25  government entity that makes a financial commitment to a

26  community-based care lead agency is eligible for a grant upon

27  proof that the children's services council or local government

28  entity has provided the selected lead agency at least $825,000

29  in start up funds, from any local resources otherwise

30  available to it. The total amount of local contribution may be

31  matched on a two-for-one basis up to a maximum amount of $2

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  1  million per council. Awarded matching grant funds may be used

  2  for any prevention or in-home services provided by the

  3  children's services council or other local government entity

  4  that meets temporary-assistance-for-needy-families'

  5  eligibility requirements and can be reasonably expected to

  6  reduce the number of children entering the child welfare

  7  system. To ensure necessary flexibility for the development,

  8  start up, and ongoing operation of community-based care

  9  initiatives, the notice period required for any budget action

10  authorized by the provisions of s. 20.19(5)(b), is waived for

11  the family safety program; however, the Department of Children

12  and Family Services must provide copies of all such actions to

13  the Executive Office of the Governor and Legislature within 72

14  hours of their occurrence. Funding available for the matching

15  grant program is subject to legislative appropriation of

16  nonrecurring temporary-assistance-for-needy-families funds

17  provided for the purpose. This section expires July 1, 2002.

18         Section 10.  Upon approval of the Board of Trustees of

19  the Internal Improvement Trust Fund, the Division of State

20  Lands of the Department of Environmental Protection may sell

21  the former W.T. Edwards Hospital complex located in

22  Hillsborough County, currently under lease to the Department

23  of Children and Family Services. Notwithstanding chapter 253,

24  Florida Statutes, the proceeds from the sale must be deposited

25  into the Department of Children and Family Services'

26  Administrative Trust Fund and, subject to legislative

27  appropriation, must be used to construct, renovate, equip,

28  maintain, and improve the Department of Children and Family

29  Services and the Department of Health facilities.

30         Section 11.  This act shall take effect July 1, 2002.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1116

  3

  4  The committee substitute makes a number of changes to the
    Department of Children and Family Services that are required
  5  in order to implement the proposed General Appropriations Act
    for FY 2002-03. Specifically, the bill:
  6
    .     Authorizes the Department of Children and Family
  7        Services and the Department of Health to advance money
          to contract providers that were approved for advancement
  8        by the Comptroller in fiscal year 1993-94.

  9  .     Requires substance abuse and mental health services
          contracts to include a provision  that client
10        demographic, services, and outcome information must be
          submitted to the Department for inclusion in the Mental
11        Health and Substance Abuse Data System and prohibits
          payment to the provider unless the information has been
12        submitted.

13  .     Requires all new funds received in FY 2002-03 for
          substance abuse and mental health services in excess of
14        FY 2001-02 recurring appropriations to be allocated in
          accordance with the General Appropriations Act and
15        prohibits a district from receiving an allocation of
          recurring funds that is less than the FY 2001-02
16        appropriation.

17  .     Clarifies and expands the duties of the department
          related to the domestic violence program and provides
18        for a new formula for distributing the funds deposited
          into the Additional Court Cost Clearing Trust Fund,
19        which includes a designated portion to the department
          for the domestic violence program.
20
    .     Provides that state funds determined to meet the
21        maintenance-of-effort requirement for the Temporary
          Assistance for Needy Families (TANF) block grant must be
22        spent in accordance with Part A of Title IV of the
          Social Security Act.
23
    .     Removes the July 1, 2002 expiration date related to the
24        community partnership matching grant program operated by
          the department.
25
    .     Provides for the sale of the former W.T. Edwards
26        Hospital complex located in Hillsborough County
          (currently under lease to the department) and requires
27        the proceeds of the sale to be deposited into the DCF
          Administrative Trust Fund; and requires any appropriated
28        funds to be used to construct, renovate, equip,
          maintain, and improve the Department of Children and
29        Family Services and the Department of Health facilities.

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