Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. PCS (154204) for CS for SB 130
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LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Rouson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 102 and 103
4 insert:
5 Section 2. Based on recommendations in the Third Interim
6 Report of the 20th Statewide Grand Jury, submitted December 10,
7 2020, regarding the state’s mental health system, it is the
8 intent of the Legislature to establish a commission to examine
9 the state’s current policies and procedures for providing mental
10 health and substance abuse services and to make recommendations
11 to improve and facilitate the delivery of mental health and
12 substance abuse services throughout the state.
13 Section 3. Section 394.9086, Florida Statutes, is created
14 to read:
15 394.9086 Commission on Mental Health and Substance Abuse.—
16 (1) CREATION.—The Commission on Mental Health and Substance
17 Abuse, a commission as defined in s. 20.03(10), is created
18 adjunct to the Department of Children and Families. The
19 department shall provide administrative and staff support
20 services relating to the functions of the commission.
21 (2) PURPOSES.—The purposes of the commission are to examine
22 the current methods of providing mental health and substance
23 abuse services in the state and to improve the effectiveness of
24 current practices, procedures, programs, and initiatives in
25 providing such services; identify any barriers or deficiencies
26 in the delivery of such services; and recommend changes to
27 existing laws, rules, and policies necessary to implement the
28 commission’s recommendations.
29 (3) MEMBERSHIP; TERM LIMITS; MEETINGS.—
30 (a) The commission shall be composed of 19 members as
31 follows:
32 1. A member of the Senate, appointed by the President of
33 the Senate.
34 2. A member of the House of Representatives, appointed by
35 the Speaker of the House of Representatives.
36 3. The Secretary of Children and Families or his or her
37 designee.
38 4. The Secretary of the Agency for Health Care
39 Administration or his or her designee.
40 5. A person living with a mental health disorder appointed
41 by the President of the Senate.
42 6. A family member of a consumer of publicly funded mental
43 health, appointed by the President of the Senate.
44 7. A representative of the Louis de la Parte Florida Mental
45 Health Institute within the University of South Florida,
46 appointed by the President of the Senate.
47 8. A representative of a county school district, appointed
48 by the President of the Senate.
49 9. A representative of mental health courts, appointed by
50 the Governor.
51 10. A representative of a treatment facility, as defined in
52 s. 394.455, appointed by the Speaker of the House of
53 Representatives.
54 11. A representative of a managing entity as defined in s.
55 394.9082(2), appointed by the Speaker of the House of
56 Representatives.
57 12. A representative of a community substance abuse
58 provider, appointed by the Speaker of the House of
59 Representatives.
60 13. A psychiatrist licensed under chapter 458 or chapter
61 459 practicing within the mental health delivery system,
62 appointed by the Speaker of the House of Representatives.
63 14. A psychologist licensed under chapter 490 practicing
64 within the mental health delivery system, appointed by the
65 Governor.
66 15. A mental health professional licensed under chapter
67 491, appointed by the Governor.
68 16. An emergency room physician, appointed by the Governor.
69 17. A representative from the field of law enforcement,
70 appointed by the Governor.
71 18. A representative from the criminal justice system,
72 appointed by the Governor.
73 19. A representative of a child welfare agency involved in
74 the delivery of behavioral health services, appointed by the
75 Governor.
76 (b) The Governor shall appoint the chair from the members
77 of the commission. Appointments to the commission must be made
78 by August 1, 2021. Members shall be appointed to serve at the
79 pleasure of the officer who appointed the member. A vacancy on
80 the commission shall be filled in the same manner as the
81 original appointment.
82 (c) The commission shall convene no later than September 1,
83 2021. The commission shall meet quarterly or upon the call of
84 the chair. The commission shall hold its meetings via
85 teleconference or other electronic means.
86 (4) DUTIES.—
87 (a) The duties of the Commission on Mental Health and
88 Substance Abuse include the following:
89 1. Conducting a review and evaluation of the management and
90 functioning of the existing publicly supported mental health and
91 substance abuse systems and services in the Department of
92 Children and Families, the Agency for Health Care
93 Administration, and all other departments which administer
94 mental health and substance abuse services. Such review shall
95 include, at a minimum, a review of current goals and objectives,
96 current planning, services strategies, coordination management,
97 purchasing, contracting, financing, local government funding
98 responsibility, and accountability mechanisms.
99 2. Considering the unique needs of persons who are dually
100 diagnosed.
101 3. Addressing access to, and financing of, and scope of
102 responsibility in the delivery of emergency behavioral health
103 care services.
104 4. Addressing the quality and effectiveness of current
105 mental health and substance abuse services delivery systems, and
106 professional staffing and clinical structure of services, roles,
107 and responsibilities of public and private providers, such as
108 community mental health centers, community substance abuse
109 agencies, hospitals, including emergency services departments,
110 law enforcement agencies, and the judicial system.
111 5. Addressing priority population groups for publicly
112 funded mental health and substance abuse services, identifying
113 the comprehensive mental health and substance abuse services
114 delivery systems, mental health and substance abuse needs
115 assessment and planning activities, and local government funding
116 responsibilities for mental health and substance abuse services.
117 6. Reviewing the implementation of chapter 2020-107, Laws
118 of Florida.
119 7. Identifying any gaps in the provision of mental health
120 and substance use disorder services.
121 8. Providing recommendations on how behavioral health
122 managing entities may fulfill their purpose of promoting service
123 continuity.
124 9. Making recommendations regarding the mission and
125 objectives of state-supported mental health and substance abuse
126 services and the planning, management, staffing, financing,
127 contracting, coordination, and accountability mechanisms which
128 will best foster the recommended mission and objectives.
129 10. Evaluating and making recommendations regarding the
130 establishment of a permanent, agency-level entity to manage
131 mental health, substance abuse, and related services statewide.
132 At a minimum, the evaluation must consider and describe the:
133 a. Specific duties and organizational structure proposed
134 for the entity;
135 b. Resource needs of the entity and possible sources of
136 funding;
137 c. Estimated impact on access to and quality of services;
138 d. Impact on individuals with behavioral health needs and
139 their families, both those currently served through the affected
140 systems providing behavioral health services and those in need
141 of services; and
142 e. Relation to, integration with, and impact on providers,
143 managing entities, communities, state agencies, and systems
144 which provide mental health and substance abuse services in this
145 state. Such recommendations must ensure that the ability of such
146 other agencies and systems to carry out their missions and
147 responsibilities is not impaired.
148 (b) The commission may call upon appropriate departments
149 and agencies of state government for such professional
150 assistance as may be needed in the discharge of its duties, and
151 such departments and agencies shall provide such assistance in a
152 timely manner.
153 (5) REPORTS.—By September 1, 2022, the commission shall
154 submit an interim report to the President of the Senate, the
155 Speaker of the House of Representatives, and the Governor
156 containing its findings and recommendations on how to best
157 provide and facilitate mental health and substance abuse
158 services in the state. The commission shall submit its final
159 report by September 1, 2023.
160 (6) REPEAL.—This section is repealed September 1, 2023,
161 unless saved from repeal through reenactment by the Legislature.
162
163 ================= T I T L E A M E N D M E N T ================
164 And the title is amended as follows:
165 Delete line 7
166 and insert:
167 technical change; providing legislative intent;
168 creating s. 394.9086, F.S.; creating the Commission on
169 Mental Health and Substance Abuse adjunct to the
170 Department of Children and Families; requiring the
171 department to provide administrative and staff support
172 services to the commission; providing purposes of the
173 commission; providing for membership, term limits,
174 meetings, and duties of the commission; requiring the
175 commission to submit reports of its findings and
176 recommendations to the Legislature and Governor by a
177 specified date; providing for future repeal unless
178 saved by the Legislature through reenactment; amending
179 s. 397.4073, F.S.; revising