Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1844
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Children, Families, and Elder Affairs (Rouson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. 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 this state.
   13         Section 2. 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  within the Department of Children and Families. Except as
   19  otherwise provided in this section, the commission shall operate
   20  in a manner consistent with s. 20.052.
   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 this 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 15 members as
   31  follows:
   32         1. The Secretary of Children and Families or his or her
   33  designee.
   34         2.The Secretary of the Agency for Health Care
   35  Administration or his or her designee.
   36         3.A family member of a consumer of publicly funded mental
   37  health, appointed by the President of the Senate.
   38         4.A representative of the Louis de la Parte Florida Mental
   39  Health Institute within the University of South Florida,
   40  appointed by the President of the Senate.
   41         5. A representative of a school district, appointed by the
   42  President of the Senate.
   43         6. A representative of a county utilizing state-funded
   44  mental health and substance abuse services, appointed by the
   45  President of the Senate.
   46         7.A representative of a treatment facility, as defined in
   47  s. 394.455, appointed by the Speaker of the House of
   48  Representatives.
   49         8.A representative of a managing entity, as defined in s.
   50  394.9082(2), appointed by the Speaker of the House of
   51  Representatives.
   52         9.A representative of a community-based substance abuse
   53  services provider, appointed by the Speaker of the House of
   54  Representatives.
   55         10.A psychiatrist licensed under chapter 458 or chapter
   56  459 practicing within the mental health delivery system,
   57  appointed by the Speaker of the House of Representatives.
   58         11.A psychologist licensed under chapter 490 practicing
   59  within the mental health delivery system, appointed by the
   60  Governor.
   61         12. A mental health professional licensed under chapter
   62  491, appointed by the Governor.
   63         13. An emergency room physician, appointed by the Governor.
   64         14.A representative from the field of law enforcement,
   65  appointed by the Governor.
   66         15. A representative of mental health courts, appointed by
   67  the Governor.
   68         (b)The Governor shall appoint the chair from the members
   69  of the commission. Appointments to the commission must be made
   70  by September 1, 2021. Members shall be appointed to serve 3-year
   71  terms at the pleasure of the officer who appointed the member. A
   72  vacancy on the commission shall be filled in the same manner as
   73  the original appointment.
   74         (c)The commission shall convene no later than September 1,
   75  2021. The commission shall meet at least quarterly or upon the
   76  call of the chair. The commission may hold its meetings via
   77  teleconference or other electronic means.
   78         (4)DUTIES.—
   79         (a)The duties of the Commission on Mental Health and
   80  Substance Abuse include the following:
   81         1.Conducting a review and evaluation of the management and
   82  functioning of the existing publicly supported mental health and
   83  substance abuse systems and services in the Department of
   84  Children and Families, the Agency for Health Care
   85  Administration, and all other departments that administer mental
   86  health and substance abuse services. Such review must include,
   87  at a minimum, a review of current goals and objectives, current
   88  planning, services strategies, coordination management,
   89  purchasing, contracting, financing, local government funding
   90  responsibility, and accountability mechanisms.
   91         2.Addressing the unique needs of persons with a history of
   92  substance abuse or with a comorbid psychiatric disorder.
   93         3.Addressing access to, financing of, and scope of
   94  responsibility in the delivery of emergency behavioral health
   95  care services.
   96         4.Addressing the quality and effectiveness of current
   97  mental health and substance abuse services delivery systems,
   98  professional staffing and clinical structure of services, and
   99  roles and responsibilities of public and private providers, such
  100  as community mental health centers; community-based substance
  101  abuse agencies; hospitals, including emergency services
  102  departments; law enforcement agencies; and the judicial system.
  103         5.Addressing priority population groups for publicly
  104  funded mental health and substance abuse services, identifying
  105  the comprehensive mental health and substance abuse services
  106  delivery systems, mental health and substance abuse needs
  107  assessment and planning activities, and local government funding
  108  responsibilities for mental health and substance abuse services.
  109         6. Reviewing the implementation of chapter 2020-107, Laws
  110  of Florida.
  111         7. Identifying any gaps in the provision of mental health
  112  and substance use disorder services.
  113         8. Providing recommendations on how behavioral health
  114  managing entities may fulfill their purpose of promoting service
  115  continuity.
  116         9.Submitting recommendations to the Governor, the
  117  President of the Senate, and the Speaker of the House of
  118  Representatives regarding the mission and objectives of state
  119  supported mental health and substance abuse services and the
  120  planning, management, staffing, financing, contracting,
  121  coordination, and accountability mechanisms that will best
  122  foster the recommended mission and objectives.
  123         10.Recommending a permanent, agency-level entity to manage
  124  mental health, substance abuse, and related services statewide.
  125         (b)The commission may call upon appropriate departments
  126  and agencies of state government for such professional
  127  assistance as may be needed in the discharge of its duties, and
  128  such departments and agencies shall provide such assistance in a
  129  timely manner.
  130         (5)REPORTS.—By September 1, 2022, and each year
  131  thereafter, the commission shall submit its report to the
  132  Governor, the President of the Senate, and the Speaker of the
  133  House of Representatives containing its findings and
  134  recommendations on how to best provide and facilitate mental
  135  health and substance abuse services in this state.
  136         (6)This section is repealed September 1, 2026, unless
  137  reviewed and saved from repeal through reenactment by the
  138  Legislature.
  139         Section 3. This act shall take effect upon becoming a law.
  140  
  141  ================= T I T L E  A M E N D M E N T ================
  142  And the title is amended as follows:
  143         Delete everything before the enacting clause
  144  and insert:
  145                        A bill to be entitled                      
  146         An act relating to the Commission on Mental Health and
  147         Substance Abuse; providing legislative intent;
  148         creating s. 394.9086, F.S.; creating the Commission on
  149         Mental Health and Substance Abuse within the
  150         Department of Children and Families; providing the
  151         purpose of the commission; providing for membership,
  152         term limits, meetings, and duties of the commission;
  153         requiring certain agencies to provide assistance to
  154         the commission in a timely manner; requiring the
  155         commission to submit a report to the Governor and
  156         Legislature by a specified date, and annually
  157         thereafter; providing for future review and repeal
  158         unless saved by the Legislature through reenactment;
  159         providing an effective date.