Florida Senate - 2020                                    SB 1678
       
       
        
       By Senator Montford
       
       
       
       
       
       3-01042B-20                                           20201678__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse and mental health;
    3         amending s. 394.455, F.S.; revising the definition of
    4         “mental illness”; amending s. 394.495, F.S.; revising
    5         the counties that a community action treatment team
    6         must serve; amending s. 394.656, F.S.; renaming the
    7         Criminal Justice, Mental Health, and Substance Abuse
    8         Statewide Grant Review Committee as the Criminal
    9         Justice, Mental Health, and Substance Abuse Statewide
   10         Grant Advisory Committee; revising membership of the
   11         committee; revising the committee’s duties and
   12         requirements; revising the entities that may apply for
   13         certain grants; revising the eligibility requirements
   14         for the grants; revising the selection process for
   15         grant recipients; amending s. 394.657, F.S.;
   16         conforming provisions to changes made by the act;
   17         amending s. 394.658, F.S.; revising requirements of
   18         the Criminal Justice, Mental Health, and Substance
   19         Abuse Reinvestment Grant Program; amending s. 394.674,
   20         F.S.; revising eligibility requirements for certain
   21         substance abuse and mental health services; providing
   22         priority for specified individuals; amending s.
   23         394.908, F.S.; revising the definition of the term
   24         “individuals in need”; revising requirements for
   25         substance abuse and mental health funding equity;
   26         amending s. 397.321, F.S.; deleting a provision
   27         requiring the Department of Children and Families to
   28         develop a certification process for community
   29         substance abuse prevention coalitions; amending s.
   30         397.99, F.S.; revising administration requirements for
   31         the school substance abuse prevention partnership
   32         grant program; revising application procedures and
   33         funding requirements for the program; revising
   34         requirements relating to the review of grant
   35         applications; amending s. 916.111, F.S.; requiring the
   36         department to provide refresher training for specified
   37         mental health professionals; providing requirements
   38         for such training; amending s. 916.115, F.S.; revising
   39         requirements for the appointment of experts to
   40         evaluate certain defendants; requiring appointed
   41         experts to complete specified training; providing an
   42         effective date.
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Subsection (28) of section 394.455, Florida
   47  Statutes, is amended to read:
   48         394.455 Definitions.—As used in this part, the term:
   49         (28) “Mental illness” means an impairment of the mental or
   50  emotional processes that exercise conscious control of one’s
   51  actions or of the ability to perceive or understand reality,
   52  which impairment substantially interferes with the person’s
   53  ability to meet the ordinary demands of living. For the purposes
   54  of this part, the term does not include a developmental
   55  disability as defined in chapter 393, intoxication, or
   56  conditions manifested only by antisocial behavior, dementia,
   57  traumatic brain injury, or substance abuse.
   58         Section 2. Paragraph (e) of subsection (6) of section
   59  394.495, Florida Statutes, is amended to read:
   60         394.495 Child and adolescent mental health system of care;
   61  programs and services.—
   62         (6) The department shall contract for community action
   63  treatment teams throughout the state with the managing entities.
   64  A community action treatment team shall:
   65         (e)1. Subject to appropriations and at a minimum,
   66  individually serve each of the following counties or regions:
   67         a. Alachua.
   68         b. Alachua, Columbia, Dixie, Hamilton, Lafayette, and
   69  Suwannee.
   70         c. Bay.
   71         d. Brevard.
   72         e.Charlotte.
   73         f.e. Collier.
   74         g.f. DeSoto and Sarasota.
   75         h.g. Duval.
   76         i.h. Escambia.
   77         j.i. Hardee, Highlands, and Polk.
   78         k.j. Hillsborough.
   79         l.k. Indian River, Martin, Okeechobee, and St. Lucie.
   80         m.l. Lake and Sumter.
   81         n.m. Lee.
   82         o.Leon.
   83         p.n. Manatee.
   84         q.o. Marion.
   85         r.p. Miami-Dade.
   86         s.q. Okaloosa.
   87         t.r. Orange.
   88         u.s. Palm Beach.
   89         v.t. Pasco.
   90         w.u. Pinellas.
   91         x.v. Walton.
   92         2. Subject to appropriations, the department shall contract
   93  for additional teams through the managing entities to ensure the
   94  availability of community action treatment team services in the
   95  remaining areas of the state.
   96         Section 3. Section 394.656, Florida Statutes, is amended to
   97  read:
   98         394.656 Criminal Justice, Mental Health, and Substance
   99  Abuse Reinvestment Grant Program.—
  100         (1) There is created within the Department of Children and
  101  Families the Criminal Justice, Mental Health, and Substance
  102  Abuse Reinvestment Grant Program. The purpose of the program is
  103  to provide funding to counties which they may use to plan,
  104  implement, or expand initiatives that increase public safety,
  105  avert increased spending on criminal justice, and improve the
  106  accessibility and effectiveness of treatment services for adults
  107  and juveniles who have a mental illness, substance use abuse
  108  disorder, or co-occurring mental health and substance use abuse
  109  disorders and who are in, or at risk of entering, the criminal
  110  or juvenile justice systems.
  111         (2) The department shall establish a Criminal Justice,
  112  Mental Health, and Substance Abuse Statewide Grant Advisory
  113  Review Committee. The committee shall include:
  114         (a) One representative of the Department of Children and
  115  Families.;
  116         (b) One representative of the Department of Corrections.;
  117         (c) One representative of the Department of Juvenile
  118  Justice.;
  119         (d) One representative of the Department of Elderly
  120  Affairs.;
  121         (e) One representative of the Office of the State Courts
  122  Administrator.;
  123         (f) One representative of the Department of Veterans’
  124  Affairs.;
  125         (g) One representative of the Florida Sheriffs
  126  Association.;
  127         (h) One representative of the Florida Police Chiefs
  128  Association.;
  129         (i) One representative of the Florida Association of
  130  Counties.;
  131         (j) One representative of the Florida Behavioral Health
  132  Alcohol and Drug Abuse Association.;
  133         (k) One representative of the Florida Association of
  134  Managing Entities.;
  135         (l)One representative of the Florida Council for Community
  136  Mental Health;
  137         (l)(m) One representative of the National Alliance of
  138  Mental Illness.;
  139         (m)(n) One representative of the Florida Prosecuting
  140  Attorneys Association.;
  141         (n)(o) One representative of the Florida Public Defender
  142  Association; and
  143         (p)One administrator of an assisted living facility that
  144  holds a limited mental health license.
  145         (3) The committee shall serve as the advisory body to
  146  review policy and funding issues that help reduce the impact of
  147  persons with mental illness and substance use abuse disorders on
  148  communities, criminal justice agencies, and the court system.
  149  The committee shall advise the department in selecting
  150  priorities for grants and investing awarded grant moneys.
  151         (4) The committee must have experience in substance use and
  152  mental health disorders, community corrections, and law
  153  enforcement. To the extent possible, the committee shall have
  154  expertise in grant review and grant application scoring.
  155         (5)(a) A county, a consortium of counties, or an a not-for
  156  profit community provider or managing entity designated by the
  157  county planning council or committee, as described in s.
  158  394.657, may apply for a 1-year planning grant or a 3-year
  159  implementation or expansion grant. The purpose of the grants is
  160  to demonstrate that investment in treatment efforts related to
  161  mental illness, substance use abuse disorders, or co-occurring
  162  mental health and substance use abuse disorders results in a
  163  reduced demand on the resources of the judicial, corrections,
  164  juvenile detention, and health and social services systems.
  165         (b) To be eligible to receive a 1-year planning grant or a
  166  3-year implementation or expansion grant:
  167         1. An A county applicant must have a planning council or
  168  committee that is in compliance with the membership requirements
  169  set forth in this section.
  170         2. A county planning council or committee may designate a
  171  not-for-profit community provider, a or managing entity as
  172  defined in s. 394.9082, the county sheriff or his or her
  173  designee, or a local law enforcement agency to apply on behalf
  174  of the county. The county planning council or committee must
  175  provide must be designated by the county planning council or
  176  committee and have written authorization to submit an
  177  application. A not-for-profit community provider or managing
  178  entity must have written authorization for each designated
  179  entity and each submitted application.
  180         (c) The department may award a 3-year implementation or
  181  expansion grant to an applicant who has not received a 1-year
  182  planning grant.
  183         (d) The department may require an applicant to conduct
  184  sequential intercept mapping for a project. For purposes of this
  185  paragraph, the term “sequential intercept mapping” means a
  186  process for reviewing a local community’s mental health,
  187  substance abuse, criminal justice, and related systems and
  188  identifying points of interceptions where interventions may be
  189  made to prevent an individual with a substance use abuse
  190  disorder or mental illness from deeper involvement in the
  191  criminal justice system.
  192         (6) The department grant review and selection committee
  193  shall select the grant recipients in collaboration with the
  194  Department of Corrections, the Department of Juvenile Justice,
  195  the Department of Elderly Affairs, the Office of the State
  196  Courts Administrator, and the Department of Veterans’ Affairs
  197  and notify the department in writing of the recipients’ names.
  198  Contingent upon the availability of funds and upon notification
  199  by the grant review and selection committee of those applicants
  200  approved to receive planning, implementation, or expansion
  201  grants, the department may transfer funds appropriated for the
  202  grant program to a selected grant recipient.
  203         Section 4. Subsection (1) of section 394.657, Florida
  204  Statutes, is amended to read:
  205         394.657 County planning councils or committees.—
  206         (1) Each board of county commissioners shall designate the
  207  county public safety coordinating council established under s.
  208  951.26, or designate another criminal or juvenile justice mental
  209  health and substance abuse council or committee, as the planning
  210  council or committee. The public safety coordinating council or
  211  other designated criminal or juvenile justice mental health and
  212  substance abuse council or committee, in coordination with the
  213  county offices of planning and budget, shall make a formal
  214  recommendation to the board of county commissioners regarding
  215  how the Criminal Justice, Mental Health, and Substance Abuse
  216  Reinvestment Grant Program may best be implemented within a
  217  community. The board of county commissioners may assign any
  218  entity to prepare the application on behalf of the county
  219  administration for submission to the Criminal Justice, Mental
  220  Health, and Substance Abuse Statewide Grant Advisory Review
  221  Committee for review. A county may join with one or more
  222  counties to form a consortium and use a regional public safety
  223  coordinating council or another county-designated regional
  224  criminal or juvenile justice mental health and substance abuse
  225  planning council or committee for the geographic area
  226  represented by the member counties.
  227         Section 5. Section 394.658, Florida Statutes, is amended to
  228  read:
  229         394.658 Criminal Justice, Mental Health, and Substance
  230  Abuse Reinvestment Grant Program requirements.—
  231         (1) The Criminal Justice, Mental Health, and Substance
  232  Abuse Statewide Grant Review Committee, in collaboration with
  233  the department of Children and Families, in collaboration with
  234  the Department of Corrections, the Department of Juvenile
  235  Justice, the Department of Elderly Affairs, the Department of
  236  Veterans’ Affairs, and the Office of the State Courts
  237  Administrator, shall establish criteria to be used to review
  238  submitted applications and to select a the county that will be
  239  awarded a 1-year planning grant or a 3-year implementation or
  240  expansion grant. A planning, implementation, or expansion grant
  241  may not be awarded unless the application of the county meets
  242  the established criteria.
  243         (a) The application criteria for a 1-year planning grant
  244  must include a requirement that the applicant county or counties
  245  have a strategic plan to initiate systemic change to identify
  246  and treat individuals who have a mental illness, substance use
  247  abuse disorder, or co-occurring mental health and substance use
  248  abuse disorders who are in, or at risk of entering, the criminal
  249  or juvenile justice systems. The 1-year planning grant must be
  250  used to develop effective collaboration efforts among
  251  participants in affected governmental agencies, including the
  252  criminal, juvenile, and civil justice systems, mental health and
  253  substance abuse treatment service providers, transportation
  254  programs, and housing assistance programs. The collaboration
  255  efforts shall be the basis for developing a problem-solving
  256  model and strategic plan for treating individuals adults and
  257  juveniles who are in, or at risk of entering, the criminal or
  258  juvenile justice system and doing so at the earliest point of
  259  contact, taking into consideration public safety. The planning
  260  grant shall include strategies to divert individuals from
  261  judicial commitment to community-based service programs offered
  262  by the department of Children and Families in accordance with
  263  ss. 916.13 and 916.17.
  264         (b) The application criteria for a 3-year implementation or
  265  expansion grant must shall require that the applicant
  266  information from a county that demonstrates its completion of a
  267  well-established collaboration plan that includes public-private
  268  partnership models and the application of evidence-based
  269  practices. The implementation or expansion grants may support
  270  programs and diversion initiatives that include, but need not be
  271  limited to:
  272         1. Mental health courts.;
  273         2. Diversion programs.;
  274         3. Alternative prosecution and sentencing programs.;
  275         4. Crisis intervention teams.;
  276         5. Treatment accountability services.;
  277         6. Specialized training for criminal justice, juvenile
  278  justice, and treatment services professionals.;
  279         7. Service delivery of collateral services such as housing,
  280  transitional housing, and supported employment.; and
  281         8. Reentry services to create or expand mental health and
  282  substance abuse services and supports for affected persons.
  283         (c) Each county application must include the following
  284  information:
  285         1. An analysis of the current population of the jail and
  286  juvenile detention center in the county, which includes:
  287         a. The screening and assessment process that the county
  288  uses to identify an adult or juvenile who has a mental illness,
  289  substance use abuse disorder, or co-occurring mental health and
  290  substance use abuse disorders.;
  291         b. The percentage of each category of individuals persons
  292  admitted to the jail and juvenile detention center that
  293  represents people who have a mental illness, substance use abuse
  294  disorder, or co-occurring mental health and substance use abuse
  295  disorders.; and
  296         c. An analysis of observed contributing factors that affect
  297  population trends in the county jail and juvenile detention
  298  center.
  299         2. A description of the strategies the applicant county
  300  intends to use to serve one or more clearly defined subsets of
  301  the population of the jail and juvenile detention center who
  302  have a mental illness or to serve those at risk of arrest and
  303  incarceration. The proposed strategies may include identifying
  304  the population designated to receive the new interventions, a
  305  description of the services and supervision methods to be
  306  applied to that population, and the goals and measurable
  307  objectives of the new interventions. An applicant The
  308  interventions a county may use with the target population may
  309  use include, but are not limited to, the following
  310  interventions:
  311         a. Specialized responses by law enforcement agencies.;
  312         b. Centralized receiving facilities for individuals
  313  evidencing behavioral difficulties.;
  314         c. Postbooking alternatives to incarceration.;
  315         d. New court programs, including pretrial services and
  316  specialized dockets.;
  317         e. Specialized diversion programs.;
  318         f. Intensified transition services that are directed to the
  319  designated populations while they are in jail or juvenile
  320  detention to facilitate their transition to the community.;
  321         g. Specialized probation processes.;
  322         h. Day-reporting centers.;
  323         i. Linkages to community-based, evidence-based treatment
  324  programs for adults and juveniles who have mental illness or
  325  substance use abuse disorders.; and
  326         j. Community services and programs designed to prevent
  327  high-risk populations from becoming involved in the criminal or
  328  juvenile justice system.
  329         3. The projected effect the proposed initiatives will have
  330  on the population and the budget of the jail and juvenile
  331  detention center. The information must include:
  332         a. An The county’s estimate of how the initiative will
  333  reduce the expenditures associated with the incarceration of
  334  adults and the detention of juveniles who have a mental
  335  illness.;
  336         b. The methodology that will be used the county intends to
  337  use to measure the defined outcomes and the corresponding
  338  savings or averted costs.;
  339         c. An The county’s estimate of how the cost savings or
  340  averted costs will sustain or expand the mental health and
  341  substance abuse treatment services and supports needed in the
  342  community.; and
  343         d. How the county’s proposed initiative will reduce the
  344  number of individuals judicially committed to a state mental
  345  health treatment facility.
  346         4. The proposed strategies that the county intends to use
  347  to preserve and enhance its community mental health and
  348  substance abuse system, which serves as the local behavioral
  349  health safety net for low-income and uninsured individuals.
  350         5. The proposed strategies that the county intends to use
  351  to continue the implemented or expanded programs and initiatives
  352  that have resulted from the grant funding.
  353         (2)(a) As used in this subsection, the term “available
  354  resources” includes in-kind contributions from participating
  355  counties.
  356         (b) A 1-year planning grant may not be awarded unless the
  357  applicant county makes available resources in an amount equal to
  358  the total amount of the grant. A planning grant may not be used
  359  to supplant funding for existing programs. For fiscally
  360  constrained counties, the available resources may be at 50
  361  percent of the total amount of the grant.
  362         (c) A 3-year implementation or expansion grant may not be
  363  awarded unless the applicant county or consortium of counties
  364  makes available resources equal to the total amount of the
  365  grant. For fiscally constrained counties, the available
  366  resources may be at 50 percent of the total amount of the grant.
  367  This match shall be used for expansion of services and may not
  368  supplant existing funds for services. An implementation or
  369  expansion grant must support the implementation of new services
  370  or the expansion of services and may not be used to supplant
  371  existing services.
  372         (3) Using the criteria adopted by rule, the county
  373  designated or established criminal justice, juvenile justice,
  374  mental health, and substance abuse planning council or committee
  375  shall prepare the county or counties’ application for the 1-year
  376  planning or 3-year implementation or expansion grant. The county
  377  shall submit the completed application to the department
  378  statewide grant review committee.
  379         Section 6. Section 394.674, Florida Statutes, is amended to
  380  read:
  381         394.674 Eligibility for publicly funded substance abuse and
  382  mental health services; fee collection requirements.—
  383         (1) To be eligible to receive substance abuse and mental
  384  health services funded by the department, an individual must be
  385  indigent, uninsured, or underinsured and meet at least one of
  386  the following additional criteria a member of at least one of
  387  the department’s priority populations approved by the
  388  Legislature. The priority populations include:
  389         (a) For adult mental health services, an individual must
  390  be:
  391         1. An adult who has a serious mental illness, as defined by
  392  the department using criteria that, at a minimum, include
  393  diagnosis, prognosis, functional impairment, and receipt of
  394  disability income for a psychiatric condition.
  395         2.An adult at risk of serious mental illness who:
  396         a.Has a mental illness that is not considered a serious
  397  mental illness, as defined by the department using criteria
  398  that, at a minimum, include diagnosis and functional impairment;
  399         b.Has a condition with a Z-code diagnosis code; or
  400         c.Experiences a severe stressful event and has problems
  401  coping or has symptoms that place the individual at risk of more
  402  restrictive interventions.
  403         3.A child or adolescent at risk of emotional disturbance
  404  as defined in s. 394.492.
  405         4. A child or adolescent who has an emotional disturbance
  406  as defined in s. 394.492.
  407         5.A child or adolescent who has a serious emotional
  408  disturbance or mental illness as defined in s. 394.492.
  409         6.An individual who has a primary diagnosis of mental
  410  illness and a co-occurring substance use disorder.
  411         7.An individual who is experiencing an acute mental or
  412  emotional crisis as defined in s. 394.67.
  413         Adults who have severe and persistent mental illness, as
  414  designated by the department using criteria that include
  415  severity of diagnosis, duration of the mental illness, ability
  416  to independently perform activities of daily living, and receipt
  417  of disability income for a psychiatric condition. Included
  418  within this group are:
  419         a.Older adults in crisis.
  420         b.Older adults who are at risk of being placed in a more
  421  restrictive environment because of their mental illness.
  422         c.Persons deemed incompetent to proceed or not guilty by
  423  reason of insanity under chapter 916.
  424         d.Other persons involved in the criminal justice system.
  425         e.Persons diagnosed as having co-occurring mental illness
  426  and substance abuse disorders.
  427         2.Persons who are experiencing an acute mental or
  428  emotional crisis as defined in s. 394.67(17).
  429         (b) For substance abuse services, an individual must
  430  children’s mental health services:
  431         1.Have a diagnosed substance use disorder.
  432         2.Have a diagnosed substance use disorder as the primary
  433  diagnosis and a co-occurring mental illness, emotional
  434  disturbance, or serious emotional disturbance.
  435         3.Be at risk for alcohol misuse, drug use, or developing a
  436  substance use disorder.
  437         (2)Providers receiving funds from the department for
  438  behavioral health services must give priority to:
  439         (a)Pregnant women and women with dependent children.
  440         (b)Intravenous drug users.
  441         (c)Individuals who have a substance use disorder and have
  442  been ordered by the court to receive treatment.
  443         (d)Parents, legal guardians, or caregivers with child
  444  welfare involvement and parents, legal guardians, or caregivers
  445  who put children at risk due to substance abuse.
  446         (e)Children and adolescents under state supervision.
  447         (f)Individuals involved in the criminal justice system,
  448  including those deemed incompetent to proceed or not guilty by
  449  reason of insanity under chapter 916.
  450         1.Children who are at risk of emotional disturbance as
  451  defined in s. 394.492(4).
  452         2.Children who have an emotional disturbance as defined in
  453  s. 394.492(5).
  454         3.Children who have a serious emotional disturbance as
  455  defined in s. 394.492(6).
  456         4.Children diagnosed as having a co-occurring substance
  457  abuse and emotional disturbance or serious emotional
  458  disturbance.
  459         (c)For substance abuse treatment services:
  460         1.Adults who have substance abuse disorders and a history
  461  of intravenous drug use.
  462         2.Persons diagnosed as having co-occurring substance abuse
  463  and mental health disorders.
  464         3.Parents who put children at risk due to a substance
  465  abuse disorder.
  466         4.Persons who have a substance abuse disorder and have
  467  been ordered by the court to receive treatment.
  468         5.Children at risk for initiating drug use.
  469         6.Children under state supervision.
  470         7.Children who have a substance abuse disorder but who are
  471  not under the supervision of a court or in the custody of a
  472  state agency.
  473         8.Persons identified as being part of a priority
  474  population as a condition for receiving services funded through
  475  the Center for Mental Health Services and Substance Abuse
  476  Prevention and Treatment Block Grants.
  477         (3)(2) Crisis services, as defined in s. 394.67, must,
  478  within the limitations of available state and local matching
  479  resources, be available to each individual person who is
  480  eligible for services under subsection (1), regardless of the
  481  individual’s person’s ability to pay for such services. An
  482  individual A person who is experiencing a mental health crisis
  483  and who does not meet the criteria for involuntary examination
  484  under s. 394.463(1), or an individual a person who is
  485  experiencing a substance abuse crisis and who does not meet the
  486  involuntary admission criteria in s. 397.675, must contribute to
  487  the cost of his or her care and treatment pursuant to the
  488  sliding fee scale developed under subsection (5)(4), unless
  489  charging a fee is contraindicated because of the crisis
  490  situation.
  491         (4)(3) Mental health services, substance abuse services,
  492  and crisis services, as defined in s. 394.67, must, within the
  493  limitations of available state and local matching resources, be
  494  available to each individual person who is eligible for services
  495  under subsection (1). Such individual person must contribute to
  496  the cost of his or her care and treatment pursuant to the
  497  sliding fee scale developed under subsection (5)(4).
  498         (5)(4) The department shall adopt rules to implement client
  499  eligibility, client enrollment, and fee collection requirements
  500  for publicly funded substance abuse and mental health services.
  501         (a) The rules must require each provider under contract
  502  with the department or managing entity that which enrolls
  503  eligible individuals persons into treatment to develop a sliding
  504  fee scale for individuals persons who have a net family income
  505  at or above 150 percent of the Federal Poverty Income
  506  Guidelines, unless otherwise required by state or federal law.
  507  The sliding fee scale must use the uniform schedule of discounts
  508  by which a provider under contract with the department or
  509  managing entity discounts its established client charges for
  510  services supported with state, federal, or local funds, using,
  511  at a minimum, factors such as family income, financial assets,
  512  and family size as declared by the individual person or the
  513  individual’s person’s guardian. The rules must include uniform
  514  criteria to be used by all service providers in developing the
  515  schedule of discounts for the sliding fee scale.
  516         (b) The rules must address the most expensive types of
  517  treatment, such as residential and inpatient treatment, in order
  518  to make it possible for an individual a client to responsibly
  519  contribute to his or her mental health or substance abuse care
  520  without jeopardizing the family’s financial stability. An
  521  individual A person who is not eligible for Medicaid and whose
  522  net family income is less than 150 percent of the Federal
  523  Poverty Income Guidelines must pay a portion of his or her
  524  treatment costs which is comparable to the copayment amount
  525  required by the Medicaid program for Medicaid clients under
  526  pursuant to s. 409.9081.
  527         (c) The rules must require that individuals persons who
  528  receive financial assistance from the Federal Government because
  529  of a disability and are in long-term residential treatment
  530  settings contribute to their board and care costs and treatment
  531  costs and must be consistent with the provisions in s. 409.212.
  532         (6)(5)An individual A person who meets the eligibility
  533  criteria in subsection (1) shall be served in accordance with
  534  the appropriate district substance abuse and mental health
  535  services plan specified in s. 394.75 and within available
  536  resources.
  537         Section 7. Subsections (2), (3), (4), and (5) of section
  538  394.908, Florida Statutes, are amended to read:
  539         394.908 Substance abuse and mental health funding equity;
  540  distribution of appropriations.—In recognition of the historical
  541  inequity in the funding of substance abuse and mental health
  542  services for the department’s districts and regions and to
  543  rectify this inequity and provide for equitable funding in the
  544  future throughout the state, the following funding process shall
  545  be used:
  546         (2) “Individuals in need” means those persons who meet the
  547  eligibility requirements under s. 394.674 fit the profile of the
  548  respective priority populations and require mental health or
  549  substance abuse services.
  550         (3) Any additional funding beyond the 2005-2006 fiscal year
  551  base appropriation for substance abuse alcohol, drug abuse, and
  552  mental health services shall be allocated to districts for
  553  substance abuse and mental health services based on:
  554         (a) Epidemiological estimates of disabilities that apply to
  555  eligible individuals the respective priority populations.
  556         (b) A pro rata share distribution that ensures districts
  557  below the statewide average funding level per individual in need
  558  each priority population of “individuals in need” receive
  559  funding necessary to achieve equity.
  560         (4) Priority populations for Individuals in need shall be
  561  displayed for each district and distributed concurrently with
  562  the approved operating budget. The display by priority
  563  population shall show: The annual number of individuals served
  564  based on prior year actual numbers, the annual cost per
  565  individual served, and the estimated number of the total
  566  priority population for individuals in need.
  567         (5) The annual cost per individual served is shall be
  568  defined as the total actual funding for either mental health or
  569  substance abuse services each priority population divided by the
  570  number of individuals receiving either mental health or
  571  substance abuse services served in the priority population for
  572  that year.
  573         Section 8. Subsection (16) of section 397.321, Florida
  574  Statutes, is amended to read:
  575         397.321 Duties of the department.—The department shall:
  576         (16)Develop a certification process by rule for community
  577  substance abuse prevention coalitions.
  578         Section 9. Section 397.99, Florida Statutes, is amended to
  579  read:
  580         397.99 School substance abuse prevention partnership
  581  grants.—
  582         (1) GRANT PROGRAM.—
  583         (a) In order to encourage the development of effective
  584  substance abuse prevention and early intervention strategies for
  585  school-age populations, the school substance abuse prevention
  586  partnership grant program is established.
  587         (b) The department shall administer the program in
  588  cooperation with the Department of Education, and the Department
  589  of Juvenile Justice, and the managing entities under contract
  590  with the department under s. 394.9082.
  591         (2) APPLICATION PROCEDURES; FUNDING REQUIREMENTS.—
  592         (a) Schools, or community-based organizations in
  593  partnership with schools, may submit a grant proposal for
  594  funding or continued funding to the managing entity in its
  595  geographic area department by March 1 of each year.
  596  Notwithstanding s. 394.9082(5)(i), the managing entity shall use
  597  a competitive solicitation process to review The department
  598  shall establish grant applications, application procedures which
  599  ensures ensure that grant recipients implement programs and
  600  practices that are effective. The managing entity department
  601  shall include the grant application document on its an Internet
  602  website.
  603         (b) Grants may fund programs to conduct prevention
  604  activities serving students who are not involved in substance
  605  use, intervention activities serving students who are
  606  experimenting with substance use, or both prevention and
  607  intervention activities, if a comprehensive approach is
  608  indicated as a result of a needs assessment.
  609         (c) Grants may target youth, parents, and teachers and
  610  other school staff, coaches, social workers, case managers, and
  611  other prevention stakeholders.
  612         (d) Performance measures for grant program activities shall
  613  measure improvements in student attitudes or behaviors as
  614  determined by the managing entity department.
  615         (e) At least 50 percent of the grant funds available for
  616  local projects must be allocated to support the replication of
  617  prevention programs and practices that are based on research and
  618  have been evaluated and proven effective. The managing entity
  619  department shall develop related qualifying criteria.
  620         (f) In order to be considered for funding, the grant
  621  application shall include the following assurances and
  622  information:
  623         1. A letter from the administrators of the programs
  624  collaborating on the project, such as the school principal,
  625  community-based organization executive director, or recreation
  626  department director, confirming that the grant application has
  627  been reviewed and that each partner is committed to supporting
  628  implementation of the activities described in the grant
  629  proposal.
  630         2. A rationale and description of the program and the
  631  services to be provided, including:
  632         a. An analysis of prevention issues related to the
  633  substance abuse prevention profile of the target population.
  634         b. A description of other primary substance use and related
  635  risk factors.
  636         c. Goals and objectives based on the findings of the needs
  637  assessment.
  638         d. The selection of programs or strategies that have been
  639  shown to be effective in addressing the findings of the needs
  640  assessment.
  641         e. A method of identifying the target group for universal
  642  prevention strategies, and a method for identifying the
  643  individual student participants in selected and indicated
  644  prevention strategies.
  645         f. A description of how students will be targeted.
  646         g. Provisions for the participation of parents and
  647  guardians in the program.
  648         h. An evaluation component to measure the effectiveness of
  649  the program in accordance with performance-based program
  650  budgeting effectiveness measures.
  651         i. A program budget, which includes the amount and sources
  652  of local cash and in-kind resources committed to the budget and
  653  which establishes, to the satisfaction of the managing entity
  654  department, that the grant applicant entity will make a cash or
  655  in-kind contribution to the program of a value that is at least
  656  25 percent of the amount of the grant.
  657         (g) The managing entity department shall consider the
  658  following in awarding such grants:
  659         1. The number of youths that will be targeted.
  660         2. The validity of the program design to achieve project
  661  goals and objectives that are clearly related to performance
  662  based program budgeting effectiveness measures.
  663         3. The desirability of funding at least one approved
  664  project in each of the department’s substate entities.
  665         (3) The managing entity must department shall coordinate
  666  the review of grant applications with local representatives of
  667  the Department of Education and the Department of Juvenile
  668  Justice and shall make award determinations no later than June
  669  30 of each year. All applicants shall be notified by the
  670  managing entity department of its final action.
  671         (4) Each entity that is awarded a grant as provided for in
  672  this section shall submit performance and output information as
  673  determined by the managing entity department.
  674         Section 10. Paragraph (d) is added to subsection (1) of
  675  section 916.111, Florida Statutes, to read:
  676         916.111 Training of mental health experts.—The evaluation
  677  of defendants for competency to proceed or for sanity at the
  678  time of the commission of the offense shall be conducted in such
  679  a way as to ensure uniform application of the criteria
  680  enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
  681  Procedure. The department shall develop, and may contract with
  682  accredited institutions:
  683         (1) To provide:
  684         (a) A plan for training mental health professionals to
  685  perform forensic evaluations and to standardize the criteria and
  686  procedures to be used in these evaluations;
  687         (b) Clinical protocols and procedures based upon the
  688  criteria of Rules 3.210 and 3.216, Florida Rules of Criminal
  689  Procedure; and
  690         (c) Training for mental health professionals in the
  691  application of these protocols and procedures in performing
  692  forensic evaluations and providing reports to the courts; and
  693         (d)Refresher training for mental health professionals who
  694  have completed the training required by paragraph (c) and s.
  695  916.115(1). At a minimum, the refresher training must provide
  696  current information on:
  697         1.Forensic statutory requirements.
  698         2.Recent changes to part II of this chapter.
  699         3.Trends and concerns related to forensic commitments in
  700  the state.
  701         4.Alternatives to maximum security treatment facilities.
  702         5.Community forensic treatment providers.
  703         6.Evaluation requirements.
  704         7.Forensic service array updates.
  705         Section 11. Subsection (1) of section 916.115, Florida
  706  Statutes, is amended to read:
  707         916.115 Appointment of experts.—
  708         (1) The court shall appoint no more than three experts to
  709  determine the mental condition of a defendant in a criminal
  710  case, including competency to proceed, insanity, involuntary
  711  placement, and treatment. The experts may evaluate the defendant
  712  in jail or in another appropriate local facility or in a
  713  facility of the Department of Corrections.
  714         (a) To the extent possible, The appointed experts must
  715  shall have completed forensic evaluator training approved by the
  716  department under s. 916.111(1)(c), and, to the extent possible,
  717  each shall be a psychiatrist, licensed psychologist, or
  718  physician. Appointed experts who have completed the training
  719  under s. 916.111(1)(c) must complete refresher training under s.
  720  916.111(1)(d) every 3 years.
  721         (b) The department shall maintain and annually provide the
  722  courts with a list of available mental health professionals who
  723  have completed the approved training under ss. 916.111(1)(c) and
  724  (d) as experts.
  725         Section 12. This act shall take effect July 1, 2020.