Florida Senate - 2009                             CS for SB 1656
       
       
       
       By the Committee on Health and Human Services Appropriations;
       and Senator Peaden
       
       
       
       603-03989-09                                          20091656c1
    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 the effect
   22         of a veto of one or more specific appropriations or
   23         proviso to which implementing language refers;
   24         providing for the continued operation of certain
   25         provisions notwithstanding a future repeal or
   26         expiration provided by the act; providing for
   27         severability; providing effective dates.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. In order to implement Specific Appropriations
   32  448, 450, 456, 458, and 459 of the 2009-2010 General
   33  Appropriations Act, paragraph (b) of subsection (14) of section
   34  287.057, Florida Statutes, is amended to read:
   35         287.057 Procurement of commodities or contractual
   36  services.—
   37         (14)
   38         (b) The Department of Health shall enter into an agreement,
   39  not to exceed 20 years, with a private contractor to finance,
   40  design, and construct a hospital, of no more than 50 beds, for
   41  the treatment of patients with active tuberculosis and to
   42  operate all aspects of daily operations within the facility. The
   43  contractor may sponsor the issuance of tax-exempt certificates
   44  of participation or other securities to finance the project, and
   45  the state may enter into a lease-purchase agreement for the
   46  facility. The department shall begin the implementation of this
   47  initiative by July 1, 2008. This paragraph expires July 1, 2010
   48  2009.
   49         Section 2. Subsection (3) of section 394.908, Florida
   50  Statutes, is amended to read:
   51         394.908 Substance abuse and mental health funding equity;
   52  distribution of appropriations.—In recognition of the historical
   53  inequity in the funding of substance abuse and mental health
   54  services for the department’s districts and regions and to
   55  rectify this inequity and provide for equitable funding in the
   56  future throughout the state, the following funding process shall
   57  be used:
   58         (3)
   59         (a) Any additional funding beyond the 2005-2006 fiscal year
   60  base appropriation for alcohol, drug abuse, and mental health
   61  services shall be allocated to districts for substance abuse and
   62  mental health services based on:
   63         1. Epidemiological estimates of disabilities that apply to
   64  the respective target populations.
   65         2. A pro rata share distribution that ensures districts
   66  below the statewide average funding level per person in each
   67  target population of “persons in need” receive funding necessary
   68  to achieve equity.
   69         (b) Notwithstanding paragraph (a) and for the 2008-2009
   70  fiscal year 2009-2010 only, funds appropriated for forensic
   71  mental health treatment services shall be allocated to the areas
   72  of the state having the greatest demand for services and
   73  treatment capacity. This paragraph expires July 1, 2010 2009.
   74         (c) Notwithstanding paragraph (a) and for the 2008-2009
   75  fiscal year 2009-2010 only, additional funds appropriated for
   76  mental health services from funds available through the
   77  Community-Based Medicaid Administrative Claiming Program shall
   78  be allocated as provided in the 2009-2010 2008-2009 General
   79  Appropriations Act and in proportion to contributed provider
   80  earnings. Where these mental health funds are used in lieu of
   81  funds from the General Revenue Fund, the allocation of funds
   82  shall be unchanged from the allocation for those funds for the
   83  2007-2008 fiscal year. This paragraph expires July 1, 2010 2009.
   84         Section 3. In order to implement Specific Appropriation 279
   85  of the 2009-2010 General Appropriations Act, the Department of
   86  Children and Family Services must ensure that all public and
   87  private agencies and institutions participating in child welfare
   88  cases enter information, specified by department rule, into the
   89  Florida Safe Families Network in order to maintain the accuracy
   90  and usefulness of the system. The network is intended to be the
   91  department’s automated child welfare case-management system
   92  designed to provide child welfare workers with a mechanism for
   93  managing child welfare cases more efficiently and tracking
   94  children and families more effectively. The department shall
   95  coordinate with the Office of the State Courts Administrator to
   96  provide any judge or magistrate with access to information in
   97  the network relating to a child welfare case which is required
   98  to be filed with the court pursuant to chapter 39, Florida
   99  Statutes, by the date of the network’s release during fiscal
  100  year 2009-2010. The department shall report to the Governor, the
  101  President of the Senate, and the Speaker of the House of
  102  Representatives by February 1, 2010, with respect to progress on
  103  providing access to the Florida Safe Families Network as
  104  provided in this section. This section expires July 1, 2010.
  105         Section 4. A section of this act that implements a specific
  106  appropriation or specifically identified proviso language in the
  107  2009-2010 General Appropriations Act is void if the specific
  108  appropriation or specifically identified proviso language is
  109  vetoed. A section of this act that implements more than one
  110  specific appropriation or more than one portion of specifically
  111  identified proviso language in the 2009-2010 General
  112  Appropriations Act is void if all the specific appropriations or
  113  portions of specifically identified proviso language are vetoed.
  114         Section 5. If any other act passed in 2009 contains a
  115  provision that is substantially the same as a provision in this
  116  act, but that removes or is otherwise not subject to the future
  117  repeal applied to such provision by this act, the Legislature
  118  intends that the provision in the other act shall take
  119  precedence and shall continue to operate, notwithstanding the
  120  future repeal provided by this act.
  121         Section 6. If any provision of this act or its application
  122  to any person or circumstance is held invalid, the invalidity
  123  does not affect other provisions or applications of the act
  124  which can be given effect without the invalid provision or
  125  application, and to this end the provisions of this act are
  126  severable.
  127         Section 7. Except as otherwise expressly provided in this
  128  act and except for this section, which shall take effect upon
  129  this act becoming a law, this act shall take effect July 1,
  130  2009; or, if this act fails to become a law until after that
  131  date, it shall take effect upon becoming a law and shall operate
  132  retroactively to July 1, 2009.