House Bill 1831c1

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    Florida House of Representatives - 1999             CS/HB 1831

        By the Committee on Governmental Operations and
    Representative Feeney





  1                      A bill to be entitled

  2         An act relating to statewide drug control;

  3         providing definitions; providing legislative

  4         intent and findings with respect to the need to

  5         address the problem of substance abuse in this

  6         state and the development of a state

  7         drug-control strategy; creating the Office of

  8         Drug Control within the Executive Office of the

  9         Governor; providing for the office to be headed

10         by a director appointed by the Governor,

11         subject to Senate confirmation; providing

12         purpose and duties of the Office of Drug

13         Control; requiring the director of the Office

14         of Drug Control to report annually to the

15         Governor and Legislature; creating the

16         Statewide Drug Policy Advisory Council within

17         the Executive Office of the Governor; providing

18         for membership of the advisory council;

19         providing for terms of office; providing for

20         payment of per diem and travel expenses;

21         providing duties of the advisory council;

22         requiring that the advisory council make

23         recommendations to the Governor and Legislature

24         for developing and implementing a state

25         drug-control strategy; requiring that the

26         advisory council make recommendations for

27         funding programs and services; providing other

28         duties of the advisory council; authorizing the

29         chairperson of the advisory council to appoint

30         workgroups; requiring an annual report;

31         amending s. 397.821, F.S., relating to juvenile

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  1         substance abuse impairment prevention and early

  2         intervention councils; conforming provisions to

  3         changes made by the act; repealing ss.

  4         397.801(1), 397.811(2), F.S., relating to the

  5         Statewide Coordinator for Substance Abuse

  6         Impairment Prevention and Treatment; providing

  7         an appropriation; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Definitions; legislative intent.--

12         (1)  As used in this act, the term:

13         (a)  "Substance abuse" means the use of any substance

14  if such use is unlawful or when such use is detrimental to the

15  user or to others, but is not unlawful.

16         (b)  "Substance-abuse programs and services" or "drug

17  control" applies generally to the broad continuum of

18  prevention, intervention, and treatment initiatives and

19  efforts to limit substance abuse and also includes initiatives

20  and efforts by law enforcement agencies to limit substance

21  abuse.

22         (2)  It is the intent of the Legislature to establish

23  and institutionalize a rational process for long-range

24  planning, information gathering, strategic decisionmaking, and

25  funding for the purpose of limiting substance abuse. The

26  Legislature finds that the creation of a state Office of Drug

27  Control and a Statewide Drug Policy Advisory Council affords

28  the best means of establishing and institutionalizing such a

29  process.

30         (3)  The Legislature finds that any rational and

31  cost-effective governmental effort to address substance abuse

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  1  must involve a comprehensive, integrated, and

  2  multidisciplinary approach to the problem of substance abuse.

  3         (4)  The Legislature further finds that because state

  4  resources must be available to address an array of state

  5  needs, including the funding of drug-control efforts, it is

  6  critical that:

  7         (a)  A state drug-control strategy be developed and

  8  implemented;

  9         (b)  Decisions regarding the funding of substance abuse

10  programs and services be based on the state drug-control

11  strategy;

12         (c)  The state drug-control strategy be supported by

13  the latest empirical research and data;

14         (d)  The state drug-control strategy require

15  performance-based measurement and accountability;

16         (e)  The state drug-control strategy require short-term

17  and long-term objectives;

18         (f)  The development and implementation of the state

19  drug-control strategy afford a broad spectrum of the public

20  and private sectors an opportunity to comment and make

21  recommendations; and

22         (g)  Because the nature and scope of the

23  substance-abuse problem transcends jurisdictional boundaries

24  of any single government agency, the state drug-control

25  strategy be a comprehensive, integrated, and multidisciplinary

26  response to the problem of substance abuse.

27         Section 2.  Office of Drug Control.--

28         (1)  The Office of Drug Control is created within the

29  Executive Office of the Governor. The Governor shall appoint a

30  director of the Office of Drug Control, who shall be subject

31  to confirmation by the Senate.

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  1         (2)  The purpose of the Office of Drug Control is to

  2  work in collaboration with the Office of Planning and

  3  Budgeting to:

  4         (a)  Coordinate drug-control efforts and enlist the

  5  assistance of the public and private sectors in those efforts,

  6  including, but not limited to, federal, state, and local

  7  agencies.

  8         (b)  Provide information to the public about the

  9  problem of substance abuse and the substance-abuse programs

10  and services that are available.

11         (c)  Act as the Governor's liaison with state agencies,

12  other state governments, the federal Office of National Drug

13  Control Policy, federal agencies, and with the public and

14  private sectors on matters that relate to substance abuse.

15         (d)  Work to secure funding and other support for the

16  state's drug-control efforts, including, but not limited to,

17  establishing cooperative relationships among state and private

18  agencies.

19         (e)  Develop a strategic program and funding initiative

20  that links the separate jurisdictional activities of state

21  agencies with respect to drug control. The office may

22  designate lead and contributing agencies to develop such

23  initiatives.

24         (f)  Advise the Governor and the Legislature on

25  substance-abuse trends in this state, the status of current

26  substance-abuse programs and services, the funding of those

27  programs and services, and the status of the Office of Drug

28  Control in developing and implementing the state drug-control

29  strategy.

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  1         (g)  Make recommendations to the Governor on measures

  2  that the director considers advisable for the effective

  3  implementation of the state drug-control strategy.

  4         (3)  On or before December 1 of each year, the director

  5  of the Office of Drug Control shall report to the Governor and

  6  the Legislature on the information and recommendations

  7  required under paragraphs (2)(f) and (g).

  8         Section 3.  Statewide Drug Policy Advisory Council.--

  9         (1)(a)  The Statewide Drug Policy Advisory Council is

10  created within the Executive Office of the Governor. The

11  director of the Office of Drug Control shall be a nonvoting,

12  ex officio member of the advisory council and shall act as

13  chairperson. The director of the Office of Planning and

14  Budgeting shall be a nonvoting, ex officio member of the

15  advisory council. The Office of Drug Control and the Office of

16  Planning and Budgeting shall provide staff support for the

17  advisory council.

18         (b)  The following state officials shall be appointed

19  to serve on the advisory council:

20         1.  The Attorney General, or his or her designee.

21         2.  The executive director of the Department of Law

22  Enforcement, or his or her designee.

23         3.  The Secretary of Children and Family Services, or

24  his or her designee.

25         4.  The Secretary of Health, or his or her designee.

26         5.  The Secretary of Corrections, or his or her

27  designee.

28         6.  The Secretary of Juvenile Justice, or his or her

29  designee.

30         7.  The Commissioner of Education, or his or her

31  designee.

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  1         8.  The executive director of the Department of Highway

  2  Safety and Motor Vehicles, or his or her designee.

  3         9.  The Adjutant General of the state as the Chief of

  4  the Department of Military Affairs, or his or her designee.

  5         (c)  In addition, the Governor shall appoint 11 members

  6  of the public to serve on the advisory council. Of the 11

  7  appointed members, one member must have professional or

  8  occupational expertise in drug enforcement, one member must

  9  have professional or occupational expertise in substance-abuse

10  prevention, and one member must have professional or

11  occupational expertise in substance-abuse treatment. The

12  remainder of the members appointed should have professional or

13  occupational expertise in, or be generally knowledgeable

14  about, issues that relate to drug enforcement and

15  substance-abuse programs and services. The members appointed

16  by the Governor must, to the extent possible, equitably

17  represent all geographic areas of the state.

18         (d)  The President of the Senate shall appoint a member

19  of the Senate to the advisory council and the Speaker of the

20  House of Representatives shall appoint a member of the House

21  of Representatives to the advisory council.

22         (e)  The Chief Justice of the Supreme Court shall

23  appoint a member of the judiciary to the advisory council.

24         (f)  Members appointed by the Governor, the President

25  of the Senate, the Speaker of the House of Representatives,

26  and the Chief Justice shall be appointed to terms of 4 years

27  each. However, for the purpose of providing staggered terms,

28  of the Governor's initial appointments, five members shall be

29  appointed to 2-year terms and six members shall be appointed

30  to 4-year terms.

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  1         (2)(a)  Any vacancy on the advisory council shall be

  2  filled in the same manner as the original appointment, and any

  3  member appointed to fill a vacancy occurring because of death,

  4  resignation, or ineligibility for membership shall serve only

  5  for the unexpired term of the member's predecessor. A member

  6  is eligible for reappointment.

  7         (b)  Members of the advisory council and members of

  8  workgroups appointed under subsection (4) shall serve without

  9  compensation, but are entitled to reimbursement for per diem

10  and travel expenses as provided in section 112.061, Florida

11  Statutes.

12         (c)  The advisory council shall meet at least quarterly

13  or upon the call of the chairperson.

14         (3)  The advisory council shall:

15         (a)  Conduct a comprehensive analysis of the problem of

16  substance abuse in this state and make recommendations to the

17  Governor and Legislature for developing and implementing a

18  state drug-control strategy. The advisory council shall

19  determine the most effective means of establishing clear and

20  meaningful lines of communication between the advisory council

21  and the public and private sectors in order to ensure that the

22  process of developing and implementing the state drug-control

23  strategy has afforded a broad spectrum of the public and

24  private sectors an opportunity to comment and make

25  recommendations.

26         (b)  Review and make recommendations to the Governor

27  and Legislature on funding substance-abuse programs and

28  services, consistent with the state drug-control strategy, as

29  developed. The council may recommend the creation of a

30  separate appropriations category for funding services

31  delivered or procured by state agencies and may recommend the

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  1  use of performance-based contracting as provided in section

  2  414.065, Florida Statutes.

  3         (c)  Review various substance-abuse programs and

  4  recommend, where needed, measures that are sufficient to

  5  determine program outcomes. The council shall review different

  6  methodologies for evaluating programs and determine whether

  7  programs within different agencies have common outcomes. The

  8  methodologies shall be consistent with those established under

  9  section 216.0166, Florida Statutes.

10         (d)  Review the drug-control strategies and programs

11  of, and efforts by, other states and the Federal Government

12  and compile the relevant research.

13         (e)  Recommend to the Governor and Legislature applied

14  research projects that would use research capabilities within

15  the state, including, but not limited to, the resources of the

16  State University System, for the purpose of achieving improved

17  outcomes and making better-informed strategic budgetary

18  decisions.

19         (f)  Recommend to the Governor and Legislature changes

20  in law which would remove barriers to or enhance the

21  implementation of the state drug-control strategy.

22         (g)  Make recommendations to the Governor and the

23  Legislature on the need for public information campaigns to be

24  conducted in the state to limit substance abuse.

25         (h)  Ensure that there is a coordinated, integrated,

26  and multidisciplinary response to the substance-abuse problem

27  in this state, with special attention given to creating

28  partnerships within and between the public and private

29  sectors, and to the coordinated, supported, and integrated

30  delivery of multiple-system services for substance abusers,

31  including a multiagency team approach to service delivery.

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  1         (i)  Assist communities and families in pooling their

  2  knowledge and experiences with respect to the problem of

  3  substance abuse. Forums for exchanging ideas, experiences, and

  4  practical information, as well as instruction, should be

  5  considered. For communities, such instruction may involve

  6  issues of funding, staffing, training, and neighborhood and

  7  parental involvement, and instruction on other issues. For

  8  families, such instruction may involve practical strategies

  9  for addressing family substance abuse; improving cognitive,

10  communication, and decisionmaking skills; providing parents

11  with techniques for resolving conflicts, communicating, and

12  cultivating meaningful relationships with their children and

13  establishing guidelines for their children; educating families

14  about drug-free programs and activities in which they may

15  serve as participants and planners; and other programs of

16  similar instruction. To maximize the effectiveness of such

17  forums, multiple agencies should participate.

18         (4)(a)  The chairperson of the advisory council shall

19  appoint workgroups that include members of state agencies that

20  are not represented on the advisory council and shall solicit

21  input and recommendations from those state agencies. In

22  addition, the director may appoint workgroups as necessary

23  from among the members of the advisory council in order to

24  efficiently address specific issues. A representative of a

25  state agency appointed to any workgroup shall be the head of

26  the agency, or his or her designee. The chairperson may

27  designate lead and contributing agencies within a workgroup.

28         (b)  The advisory council shall submit a report to the

29  Governor, the President of the Senate, and the Speaker of the

30  House of Representatives by December 1 of each year which

31  contains a summary of the work of the council during that year

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  1  and the recommendations required under subsection (3). Interim

  2  reports may be submitted at the discretion of the chairperson

  3  of the advisory council.

  4         Section 4.  Subsection (3) of section 397.821, Florida

  5  Statutes, is amended to read:

  6         397.821  Juvenile substance abuse impairment prevention

  7  and early intervention councils.--

  8         (3)  The council shall provide recommendations to the

  9  Statewide Coordinator for Substance Abuse Impairment

10  Prevention and Treatment and to the Assistant Secretary for

11  Alcohol, Drug Abuse, and Mental Health annually for

12  consideration for inclusion in the state comprehensive plan

13  for substance abuse impairment, and also to the district

14  alcohol, drug abuse, and mental health planning councils for

15  consideration for inclusion in the district alcohol, drug

16  abuse, and mental health plans.

17         Section 5.  Subsection (1) of section 397.801, Florida

18  Statutes, and subsection (2) of section 397.811, Florida

19  Statutes, are repealed.

20         Section 6.  Effective July 1, 1999, there is hereby

21  appropriated to the Executive Office of the Governor, 3

22  full-time-equivalent positions and $270,333 from recurring

23  General Revenue, and $14,539 from nonrecurring General

24  Revenue, in lump sum to implement the provisions of this act.

25         Section 7.  This act shall take effect upon becoming a

26  law.

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