Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. PCS (154204) for CS for SB 130
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/16/2021           .                                

       The Committee on Appropriations (Rouson) recommended the
    1         Senate Amendment (with title amendment)
    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         394.9086Commission 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.
   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.
  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