Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1656
       
       
       
       
       
                                Barcode 280440                          
       
       603-03176B-09                                                   
       Proposed Committee Substitute by the Committee on Health and
       Human Services Appropriations
    1                        A bill to be entitled                      
    2         An act relating to health and human services; amending
    3         s. 287.057, F.S.; delaying the expiration of
    4         provisions authorizing the Department of Health to
    5         enter into an agreement with a specified private
    6         contractor to finance, design, and construct a
    7         hospital for the treatment of patients with active
    8         tuberculosis; amending s. 394.908, F.S.; delaying the
    9         expiration of provisions requiring that funds
   10         appropriated for forensic mental health treatment
   11         services be allocated to the areas of the state having
   12         the greatest demand for services and treatment
   13         capacity; providing allocation requirements for
   14         specified funds appropriated for mental health
   15         services; requiring the Department of Children and
   16         Family Services to ensure that information is entered
   17         into the Florida Safe Families Network; requiring
   18         coordination between the department and the Office of
   19         the State Courts Administrator to provide information
   20         relating to child welfare cases; requiring a report to
   21         the Governor and Legislature; providing for reversion
   22         of statutory text of certain provisions; providing for
   23         the effect of a veto of one or more specific
   24         appropriations or proviso to which implementing
   25         language refers; providing for the continued operation
   26         of certain provisions notwithstanding a future repeal
   27         or expiration provided by the act; providing for
   28         severability; providing effective dates.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. In order to implement Specific Appropriations
   33  448, 450, 456, 458, and 459 of the 2009-2010 General
   34  Appropriations Act, paragraph (b) of subsection (14) of section
   35  287.057, Florida Statutes, is amended to read:
   36         287.057 Procurement of commodities or contractual
   37  services.—
   38         (14)
   39         (b) The Department of Health shall enter into an agreement,
   40  not to exceed 20 years, with a private contractor to finance,
   41  design, and construct a hospital, of no more than 50 beds, for
   42  the treatment of patients with active tuberculosis and to
   43  operate all aspects of daily operations within the facility. The
   44  contractor may sponsor the issuance of tax-exempt certificates
   45  of participation or other securities to finance the project, and
   46  the state may enter into a lease-purchase agreement for the
   47  facility. The department shall begin the implementation of this
   48  initiative by July 1, 2008. This paragraph expires July 1, 2010
   49  2009.
   50         Section 2. Subsection (3) of section 394.908, Florida
   51  Statutes, is amended to read:
   52         394.908 Substance abuse and mental health funding equity;
   53  distribution of appropriations.—In recognition of the historical
   54  inequity in the funding of substance abuse and mental health
   55  services for the department’s districts and regions and to
   56  rectify this inequity and provide for equitable funding in the
   57  future throughout the state, the following funding process shall
   58  be used:
   59         (3)
   60         (a) Any additional funding beyond the 2005-2006 fiscal year
   61  base appropriation for alcohol, drug abuse, and mental health
   62  services shall be allocated to districts for substance abuse and
   63  mental health services based on:
   64         1. Epidemiological estimates of disabilities that apply to
   65  the respective target populations.
   66         2. A pro rata share distribution that ensures districts
   67  below the statewide average funding level per person in each
   68  target population of “persons in need” receive funding necessary
   69  to achieve equity.
   70         (b) Notwithstanding paragraph (a) and for the 2008-2009
   71  fiscal year 2009-2010 only, funds appropriated for forensic
   72  mental health treatment services shall be allocated to the areas
   73  of the state having the greatest demand for services and
   74  treatment capacity. This paragraph expires July 1, 2010 2009.
   75         (c) Notwithstanding paragraph (a) and for the 2008-2009
   76  fiscal year 2009-2010 only, additional funds appropriated for
   77  mental health services from funds available through the
   78  Community-Based Medicaid Administrative Claiming Program shall
   79  be allocated as provided in the 2009-2010 2008-2009 General
   80  Appropriations Act and in proportion to contributed provider
   81  earnings. Where these mental health funds are used in lieu of
   82  funds from the General Revenue Fund, the allocation of funds
   83  shall be unchanged from the allocation for those funds for the
   84  2007-2008 fiscal year. This paragraph expires July 1, 2010 2009.
   85         Section 3. In order to implement Specific Appropriation 279
   86  of the 2009-2010 General Appropriations Act, the Department of
   87  Children and Family Services must ensure that all public and
   88  private agencies and institutions participating in child welfare
   89  cases enter information, specified by department rule, into the
   90  Florida Safe Families Network in order to maintain the accuracy
   91  and usefulness of the system. The network is intended to be the
   92  department’s automated child welfare case-management system
   93  designed to provide child welfare workers with a mechanism for
   94  managing child welfare cases more efficiently and tracking
   95  children and families more effectively. The department shall
   96  coordinate with the Office of the State Courts Administrator to
   97  provide any judge or magistrate with access to information in
   98  the network relating to a child welfare case which is required
   99  to be filed with the court pursuant to chapter 39, Florida
  100  Statutes, by the date of the network’s release during fiscal
  101  year 2009-2010. The department shall report to the Governor, the
  102  President of the Senate, and the Speaker of the House of
  103  Representatives by February 1, 2010, with respect to progress on
  104  providing access to the Florida Safe Families Network as
  105  provided in this section. This section expires July 1, 2010.
  106         Section 4. A section of this act that implements a specific
  107  appropriation or specifically identified proviso language in the
  108  2009-2010 General Appropriations Act is void if the specific
  109  appropriation or specifically identified proviso language is
  110  vetoed. A section of this act that implements more than one
  111  specific appropriation or more than one portion of specifically
  112  identified proviso language in the 2009-2010 General
  113  Appropriations Act is void if all the specific appropriations or
  114  portions of specifically identified proviso language are vetoed.
  115         Section 5. If any other act passed in 2009 contains a
  116  provision that is substantially the same as a provision in this
  117  act, but that removes or is otherwise not subject to the future
  118  repeal applied to such provision by this act, the Legislature
  119  intends that the provision in the other act shall take
  120  precedence and shall continue to operate, notwithstanding the
  121  future repeal provided by this act.
  122         Section 6. If any provision of this act or its application
  123  to any person or circumstance is held invalid, the invalidity
  124  does not affect other provisions or applications of the act
  125  which can be given effect without the invalid provision or
  126  application, and to this end the provisions of this act are
  127  severable.
  128         Section 7. Except as otherwise expressly provided in this
  129  act and except for this section, which shall take effect upon
  130  this act becoming a law, this act shall take effect July 1,
  131  2009; or, if this act fails to become a law until after that
  132  date, it shall take effect upon becoming a law and shall operate
  133  retroactively to July 1, 2009.