Senate Bill 2546

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 2546

    By Senator Holzendorf





    2-1242-99                                               See HB

  1                      A bill to be entitled

  2         An act relating to mental health and substance

  3         abuse services; amending s. 394.66, F.S.;

  4         conforming references; amending s. 394.74,

  5         F.S.; authorizing the Department of Children

  6         and Family Services to use unit cost methods of

  7         payment in contracts for mental health and

  8         substance abuse services; amending s. 394.78,

  9         F.S.; requiring the department to establish

10         certain contract, payments, and accounting

11         standards; directing the department to propose

12         revisions to pt. IV of ch. 394, F.S., relating

13         to community alcohol, drug abuse, and mental

14         health services; requiring a report; amending

15         s. 397.419, F.S.; providing quality assurance

16         program requirements for substance abuse

17         services; providing for district quality

18         assurance coordinators, contingent upon

19         specific appropriation; creating s. 397.92,

20         F.S.; providing goals of the children's

21         substance abuse services system; creating s.

22         397.93, F.S.; specifying target populations;

23         creating s. 397.94, F.S.; requiring each

24         district of the Department of Children and

25         Family Services to develop a children's

26         substance abuse information and referral

27         network by a specified date; creating s.

28         397.95, F.S.; requiring certain service

29         providers to comply with licensure requirements

30         and department rules; creating s. 397.951,

31         F.S.; providing for the integration of

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         treatment and sanctions; creating s. 397.96,

  2         F.S.; providing for intensive case management

  3         for certain complex cases; creating s. 397.97,

  4         F.S.; creating the Children's Network of Care

  5         Demonstration Models for local delivery of

  6         substance abuse services; providing a time

  7         limitation; providing for purchase of services;

  8         providing criteria for operation; creating s.

  9         397.98, F.S.; providing for utilization

10         management under the demonstration models;

11         creating s. 397.99, F.S.; providing for award

12         of school substance abuse prevention

13         partnership grants; providing procedures for

14         application and review; providing criteria for

15         funding and requirements for operation of

16         programs funded; providing for rules; creating

17         s. 397.997, F.S.; providing for a prevention

18         website; creating s. 397.998, F.S.; directing

19         the department to establish a program to

20         provide drug-free communities support match

21         grants, contingent upon specific

22         appropriations; providing purposes,

23         eligibility, and procedures; authorizing

24         department rules; providing an effective date.

25

26         WHEREAS, the Legislature finds that substance abuse has

27  a detrimental effect on children which requires a system of

28  appropriate substance abuse services, including school-based,

29  community-based prevention, and early intervention programs,

30  as well as community-based treatment programs, and

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         WHEREAS, it is in the state's best interest that

  2  children with a substance abuse problem receive the services

  3  they need to enable them to become and remain independent of

  4  state care or, when in state care, to return home or be placed

  5  in an appropriate home-like setting, and

  6         WHEREAS, it is the intent of the Legislature to ensure

  7  that prevention, early intervention, and treatment services

  8  are available for children who are delinquent or dependent,

  9  and

10         WHEREAS, the Legislature recognizes that the most

11  effective prevention, early intervention, and treatment

12  strategies for children require that families participate in

13  substance abuse services, and

14         WHEREAS, it is the goal of the Legislature to provide

15  an accountable and effective system of substance abuse

16  prevention, intervention, and treatment services through a

17  quality assurance process that ensures the most effective

18  service delivery system, NOW, THEREFORE,

19

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

21

22         Section 1.  Subsections (3) and (7) of section 394.66,

23  Florida Statutes, are amended to read:

24         394.66  Legislative intent with respect to alcohol,

25  drug abuse, and mental health services.--It is the intent of

26  the Legislature to:

27         (3)  Ensure that all activities of the Department of

28  Children Health and Family Rehabilitative Services and its

29  contractors are directed toward the coordination of planning

30  efforts in alcohol, drug abuse, and mental health treatment

31  services.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         (7)  Include alcohol, drug abuse, and mental health

  2  services as a component of the integrated service delivery

  3  system of the Department of Children Health and Family

  4  Rehabilitative Services.

  5         Section 2.  Subsection (2) of section 394.74, Florida

  6  Statutes, is amended to read:

  7         394.74  Contracts for provision of local alcohol, drug

  8  abuse, and mental health programs.--

  9         (2)(a)  Contracts for service shall be consistent with

10  the approved district plan and the service priorities

11  established in s. 394.75(4).

12         (b)  Notwithstanding s. 394.76(3)(a) and (c), the

13  department may use unit cost methods of payment in contracts

14  for purchasing mental health and substance abuse services

15  through June 30, 2000. The unit cost contracting system must

16  account for those patient fees that are paid on behalf of a

17  specific client and those that are earned and used by the

18  provider for those services funded in whole or in part by the

19  department.

20         (c)  The department may reimburse actual expenditures

21  for start-up contracts and fixed capital outlay contracts in

22  accordance with contract specifications.

23         Section 3.  Subsection (6) is added to section 394.78,

24  Florida Statutes, 1998 Supplement, to read:

25         394.78  Operation and administration; personnel

26  standards; procedures for audit and monitoring of service

27  providers; resolution of disputes.--

28         (6)  The department shall, by rule, establish standards

29  for contracting budgeting, methods of payment, and the

30  accounting of patient fees that are earned on behalf of a

31  specific client.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         Section 4.  The Department of Children and Family

  2  Services is directed to propose statutory revisions to part IV

  3  of chapter 394, Florida Statutes, pertaining to the overall

  4  financing and contracting structure for publicly funded mental

  5  health and substance abuse services. Other areas to be

  6  reviewed for this statutory proposal are: priority population

  7  groups for publicly funded mental health and substance abuse

  8  services; a description of the comprehensive mental health and

  9  substance abuse delivery systems; district mental health and

10  substance abuse needs assessment and planning activities; and

11  local government responsibilities for funding mental health

12  and substance abuse services. The department must convene a

13  workgroup to assist them in the development of these statutory

14  revisions. At a minimum, this workgroup must include two

15  persons who have knowledge and interest in mental health and

16  substance abuse services. The proposed statutory revisions

17  must be submitted to the Office of the Governor, the President

18  of the Senate, and the Speaker of the House of Representatives

19  no later than December 1, 1999, for consideration by the

20  Legislature in 2000.

21         Section 5.  Subsections (8), (9), and (10) are added to

22  section 397.419, Florida Statutes, to read:

23         397.419  Quality assurance programs.--

24         (8)  The quality assurance program shall be implemented

25  as part of the department's contract management process. The

26  quality assurance program shall:

27         (a)  Track performance measures and standards

28  established by the Legislature as part of the

29  performance-based program budgeting process;

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         (b)  Provide a framework for evaluating outcomes which

  2  is separate from the performance-based program budgeting

  3  process, including:

  4         1.  Output measures, such as capacities, technologies,

  5  and infrastructure, that make up the system of care.

  6         2.  Process measures, such as administrative and

  7  clinical components of treatment.

  8         3.  Outcome measures pertaining to the outcomes of

  9  services;

10         (c)  Provide for a system of analyzing those factors

11  which have an effect on performance at the local level;

12         (d)  Provide for a system of reporting the results of

13  quality assurance reviews; and

14         (e)  Incorporate best practice models for use in

15  improving performance in those areas which are deficient.

16         (9)  The quality assurance program shall incorporate a

17  peer review process into its protocol, to include:

18         (a)  Reviews of providers by departmental district

19  staff and other providers.

20         (b)  Reviews of individual districts by other

21  districts.

22         (10)  Contingent upon specific appropriation, a quality

23  assurance coordinator position shall be established within

24  each service district to oversee the implementation and

25  operation of the quality assurance program.

26         Section 6.  Part X of chapter 397, Florida Statutes, is

27  retitled to read:

28

29                              PART X

30                JUVENILE EMERGENCY PROCEDURES AND

31               CHILDREN'S SUBSTANCE ABUSE SERVICES

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1

  2         Section 7.  Section 397.92, Florida Statutes, is

  3  created to read:

  4         397.92  Children's substance abuse services system;

  5  goals.--

  6         (1)  It is the intent of the Legislature that the

  7  children's substance abuse services system achieve the

  8  following performance outcomes for children who are eligible

  9  for services:

10         (a)  Identification of the presenting problems and

11  conditions of substance abuse through the use of valid

12  assessment.

13         (b)  Improvement in the child's ability to function in

14  the family with minimum supports.

15         (c)  Improvement in the child's ability to function in

16  school with minimum supports.

17         (d)  Improvement in the child's ability to function in

18  the community with minimum supports.

19         (e)  Improvement in the child's ability to live

20  drug-free.

21         (f)  Reduction of behaviors and conditions that may be

22  linked to substance abuse, such as unintended pregnancy,

23  delinquency, sexually transmitted diseases, and smoking, and

24  other negative behaviors.

25         (g)  Increased return of children in state custody,

26  drug-free, to their homes, or the placement of such children,

27  drug-free, in an appropriate setting.

28         (2)  Pursuant to s. 216.0166, the department shall

29  annually develop performance outcomes and performance measures

30  to assess the performance of the children's substance abuse

31  services system in achieving the intent of this section.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         Section 8.  Section 397.93, Florida Statutes, is

  2  created to read:

  3         397.93  Children's substance abuse services; target

  4  populations.--The target populations for children's substance

  5  abuse services are children at risk for substance abuse and

  6  children with substance abuse problems.

  7         (1)  Children at risk for substance abuse include:

  8         (a)  Children who are at risk due to regular or

  9  periodic exposure to negative factors related to family,

10  community, school, self, or peers.  Children in this category

11  are typically placed in special prevention programs which are

12  often school-based and which emphasize the importance of

13  protective factors to reduce risk.

14         (b)  Children who are at risk due to experimental and

15  social use of substances.  Children in this category are

16  typically placed in early intervention programs which may

17  occur in the community or school.

18         (2)  Children with substance abuse problems include:

19         (a)  Children who use substances on a daily, weekly, or

20  monthly basis.  Children in this category typically need

21  outpatient counseling and in some cases more structured day or

22  night treatment.

23         (b)  Children with a substance dependency or addiction.

24  Children in this category typically need structured day or

25  night treatment or more intensive and longer term residential

26  treatment, with some severe cases initially in need of

27  detoxification and stabilization.

28         Section 9.  Section 397.94, Florida Statutes, is

29  created to read:

30         397.94  Children's substance abuse services;

31  information and referral network.--

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         (1)  Each service district of the department shall

  2  develop a plan for and implement a districtwide comprehensive

  3  children's substance abuse information and referral network to

  4  be operational by July 1, 2000.

  5         (2)  In order to ensure access and appropriate

  6  referral, the network shall be incorporated into the

  7  district's child and adolescent mental health information and

  8  referral network provided for under s. 394.4985 and, by July

  9  1, 2000, renamed the referral network the children's substance

10  abuse and mental health information and referral network.

11  Districts shall submit a plan to the secretary of the

12  department regarding the integration of the substance abuse

13  services information and referral network with the child and

14  adolescent mental health information and referral network no

15  later than December 1, 1999.

16         (3)  The district shall determine the most

17  cost-effective method for delivering this service and may

18  select a new provider or utilize an existing provider or

19  providers with a record of success in providing information

20  and referral services.

21         (a)  Districts shall submit the plan to the secretary

22  of the department no later than October 1, 1999.

23         (b)  The plan must provide assurances that the

24  information and referral network will include a resource

25  directory that contains information regarding the children's

26  substance abuse services available, including, but not limited

27  to:

28         1.  Public and private resources by service component,

29  including resources for involuntary admissions under s.

30  397.675.

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         2.  Hours of operation and hours during which services

  2  are provided.

  3         3.  Ages of persons served.

  4         4.  Description of services.

  5         5.  Eligibility requirements.

  6         6.  Fee schedules.

  7         (c)  Maintain and annually update information regarding

  8  private practitioners in the community who provide substance

  9  abuse services to children.

10         (d)  Develop and implement procedures for documenting

11  requests for services, including, but not limited to:

12         1.  Number of calls by type of service requested, if

13  any;

14         2.  Ages of children for whom services are requested;

15  and

16         3.  Disposition on all referrals, including location of

17  resource if referred for face-to-face screening.

18         (e)  Develop and implement procedures for sharing

19  information with participating community agencies and

20  resources.

21         (4)  In planning the information and referral network,

22  the district shall consider the establishment of a 24-hour

23  toll-free telephone number to call for information and a

24  public service campaign to inform the public about the

25  information and referral service.

26         Section 10.  Section 397.95, Florida Statutes, is

27  created to read:

28         397.95  Children's substance abuse services; services

29  provided by licensed providers.--Each service district of the

30  department shall ensure that all screening, intake,

31  assessment, enrollment, service planning, and case management

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1  services provided under this part are provided by children's

  2  substance abuse services providers licensed under part II and

  3  in accordance with standards set forth in department rules.

  4         Section 11.  Section 397.951, Florida Statutes, is

  5  created to read:

  6         397.951  Treatment and sanctions.--The Legislature

  7  recognizes that the integration of treatment and sanctions

  8  greatly increases the effectiveness of substance abuse

  9  treatment. It is the responsibility of the department and the

10  substance abuse treatment provider to employ the full measure

11  of sanctions available to require participation and completion

12  of treatment to ensure successful outcomes for children in

13  substance abuse treatment.

14         (1)  Pursuant to the provisions of this chapter, the

15  department shall ensure that substance abuse treatment

16  providers develop and manage treatment plans that are

17  appropriate to the severity of the substance abuse problem and

18  tailored to the individual needs of the child.

19         (2)  The department shall ensure that substance abuse

20  treatment providers employ any and all appropriate available

21  sanctions necessary to engage, motivate, and maintain a child

22  in treatment, including, but not limited to, provisions in law

23  that:

24         (a)  Provide for parental participation in treatment

25  for involuntary admission to treatment, as provided in part IV

26  of this chapter.

27         (b)  Provide for law enforcement authorities to assume

28  custody of a child who is substance abuse impaired and allow

29  placement of a child into the care of a hospital, substance

30  abuse detoxification facility, or addiction receiving

31  facility, as specified in part V of this chapter.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         (c)  Provide parental authority to involuntarily admit

  2  a child for assessment to an addiction receiving facility, as

  3  specified in part V of this chapter.

  4         (d)  Provide parents and substance abuse providers with

  5  civil involuntary procedures to secure court-ordered

  6  assessment and treatment for children, as specified in part V

  7  of this chapter.

  8         (e)  Authorize the court or any criminal justice

  9  authority with jurisdiction over a child charged or convicted

10  of a crime to require that the delinquent or offender receive

11  substance abuse services under part VII of this chapter.

12         (f)  Provide authority of the court and contempt powers

13  to require parental participation in the treatment of a

14  delinquent or offender pursuant to s. 397.706.

15         (g)  Authorize the court to mandate services for

16  children and their families in dependency proceedings under

17  chapter 39, and children and families in need of services

18  under chapter 984.

19         (h)  Provide that the use, possession, or sale of

20  controlled substances, as defined in chapter 893, or

21  possession of electronic telephone pagers, by any student

22  while such student is upon school property or in attendance at

23  a school function is grounds for disciplinary action by the

24  school and may also result in criminal penalties being imposed

25  pursuant to s. 232.26.

26         (i)  Provide that, pursuant to s. 322.056, for any

27  person under 18 years of age who is found guilty of or

28  delinquent for a violation of s. 562.11(2), s. 562.111, or

29  chapter 893, and is eligible by reason of age for a driver's

30  license or driving privilege, the court shall direct the

31  Department of Highway Safety and Motor Vehicles to revoke or

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1  to withhold issuance of his or her driver's license or driving

  2  privilege for a period of:

  3         1.  Not less than 6 months and not more than 1 year for

  4  the first violation.

  5         2.  Two years, for a subsequent violation.

  6         Section 12.  Section 397.96, Florida Statutes, is

  7  created to read:

  8         397.96  Case management for complex substance abuse

  9  cases.--

10         (1)  Contingent upon specific appropriations, it is the

11  intent of the Legislature to provide for a more intensive

12  level of case management for complex cases involving children

13  who need substance abuse services.  Such services shall be

14  directed toward children receiving services from several

15  agencies or programs to address the complex problems created

16  by substance abuse, dependency, or addiction.

17         (2)  The department shall determine when a child

18  receiving children's substance abuse services under this part

19  shall have a case manager.

20         (3)  For the purposes of this section, "case

21  management" means those activities aimed at:

22         (a)  Implementing a treatment plan;

23         (b)  Advocacy;

24         (c)  Linking services providers to a child and family;

25         (d)  Monitoring services delivery; and

26         (e)  Collecting information to determine the effect of

27  services and treatment.

28         (4)  The case manager shall periodically review

29  services utilization to ascertain compliance with plans

30  approved by the planning team.

31

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         (5)  The department shall establish by rule standards

  2  to coordinate case management activities from various referral

  3  points, in order to minimize fragmentation and duplication and

  4  promote stability of case managers assigned to a child and

  5  family.  In the attempt to minimize duplication, it is the

  6  intent of the Legislature that a child have no more than one

  7  case manager.

  8         Section 13.  Section 397.97, Florida Statutes, is

  9  created to read:

10         397.97  Children's substance abuse services;

11  demonstration models.--

12         (1)  CREATION; PURPOSE.--There is created the

13  Children's Network of Care Demonstration Models to operate,

14  for 4 years, for children who are at risk of substance abuse

15  or who have substance abuse problems.  The purpose of the

16  demonstration models is to encourage collaboration among the

17  department, the Agency for Health Care Administration, the

18  Department of Education, the Department of Health, the

19  Department of Juvenile Justice, local government agencies, and

20  any other interested party, through a partnership agreement

21  entered into to provide a locally organized network of care

22  for children and their families.  The demonstration models

23  must:

24         (a)  Be implemented using existing funds;

25         (b)  Center on the child and his or her family;

26         (c)  Promote integration and coordination of services;

27         (d)  Provide for accountable outcomes; and

28         (e)  Emphasize the provision of services in the least

29  restrictive, most appropriate setting, utilizing uniform

30  placement criteria established in rule of the department.

31

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         (2)  GOAL.--The goal of the Children's Network of Care

  2  Demonstration Models is to create an effective interagency

  3  strategy for delivering substance abuse services to the target

  4  populations through a local network of service providers.  The

  5  specific objectives of this strategy are to:

  6         (a)  Develop standardized forms and uniform procedures

  7  which shall be used for screening, intake, assessment,

  8  enrollment, service planning, case management, and utilization

  9  management;

10         (b)  Eliminate duplication of services;

11         (c)  Employ natural supports in the family and the

12  community to help meet the service needs of the child who is

13  at risk of substance abuse or has a substance abuse problem;

14         (d)  Improve interagency planning efforts through

15  greater collaboration between public and private

16  community-based agencies;

17         (e)  Test creative and flexible strategies for

18  financing the care of children who are at risk of substance

19  abuse or have a substance abuse problem; and

20         (f)  Share information about the child with appropriate

21  community agencies.

22         (3)  PURCHASE OF SERVICES; OPERATION CRITERIA.--

23         (a)  Each demonstration model shall be governed by a

24  multiagency consortium of state and county agencies or other

25  public agencies, or a community-based, not-for-profit

26  substance abuse or behavioral health network designated by the

27  department, hereafter referred to as the purchasing agent,

28  which shall purchase individualized services for children who

29  are at risk of substance abuse or have a substance abuse

30  problem. Services shall be based on client need rather than on

31  traditional services limited to narrowly defined cost centers

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1  or appropriations categories. Approval to operate as a

  2  Children's Network of Care Demonstration Model shall be given

  3  by the secretary of the department and shall be based on

  4  criteria developed by the department.

  5         (b)  The local purchasing agent is responsible for

  6  designing a well-defined network of experienced substance

  7  abuse services providers. At a minimum, the consortium shall:

  8         1.  Specify the capacity and composition of the

  9  provider network;

10         2.  Approve providers for the network;

11         3.  Ensure enrollees' access to network services;

12         4.  Subcontract with providers;

13         5.  Establish qualification standards for provider

14  staff; and

15         6.  Monitor providers' performance.

16         (4)  COLLABORATION.--Demonstration models established

17  under this section may enter into collaborative partnership

18  with demonstration models established pursuant to s. 394.498.

19         Section 14.  Section 397.98, Florida Statutes, is

20  created to read:

21         397.98  Children's substance abuse services;

22  utilization management.--

23         (1)  Utilization management shall be an integral part

24  of each Children's Network of Care Demonstration Model as

25  described under s. 397.97. The utilization management process

26  shall include procedures for analyzing the allocation and use

27  of resources by the purchasing agent. Such procedures shall

28  include:

29         (a)  Monitoring the appropriateness of admissions to

30  residential services or other levels of care as determined by

31  the department.

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         (b)  Monitoring the duration of care.

  2         (c)  Developing profiles of network providers which

  3  describe their patterns of delivering care.

  4         (d)  Authorizing care for high-cost services.

  5         (2)  The procedures shall be established by the

  6  purchasing agent in consultation with the department and are

  7  subject to approval by the secretary of the department. The

  8  implementation of utilization management within the

  9  demonstration models shall be contingent upon the availability

10  of funds.

11         Section 15.  Section 397.99, Florida Statutes, is

12  created to read:

13         397.99  School substance abuse prevention partnership

14  grants.--

15         (1)  GRANT PROGRAM.--

16         (a)  In order to encourage the development of effective

17  substance abuse prevention and early intervention strategies

18  for school-age populations, the school substance abuse

19  prevention partnership grant program is established.

20         (b)  The department shall administer the program in

21  cooperation with the Department of Education and the

22  Department of Juvenile Justice.

23         (2)  APPLICATION PROCEDURES; FUNDING REQUIREMENTS.--

24         (a)  Schools, or community-based organizations in

25  partnership with schools, may submit a grant proposal for

26  funding or continued funding to the department by March 1 of

27  each year. The department shall establish grant application

28  procedures which ensure that grant recipients implement

29  programs and practices that are effective. The department

30  shall include the grant application document on an Internet

31  website.

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         (b)  Grants may fund programs to conduct prevention

  2  activities serving students who are not involved in substance

  3  use, intervention activities serving students who are

  4  experimenting with substance use, or both prevention and

  5  intervention activities, if a comprehensive approach is

  6  indicated as a result of a needs assessment.

  7         (c)  Grants may target youth, parents, and teachers and

  8  other school staff, coaches, social workers, case managers,

  9  and other prevention stakeholders.

10         (d)  Performance measures for grant program activities

11  shall measure improvements in student attitudes or behaviors

12  as determined by the department.

13         (e)  At least 50 percent of the grant funds available

14  for local projects must be allocated to support the

15  replication of prevention programs and practices that are

16  based on research and have been evaluated and proven

17  effective. The department shall develop related qualifying

18  criteria.

19         (f)  In order to be considered for funding, the grant

20  application shall include the following assurances and

21  information:

22         1.  A letter from the administrators of the programs

23  collaborating on the project, such as the school principal,

24  community-based organization executive director, or recreation

25  department director, confirming that the grant application has

26  been reviewed and that each partner is committed to supporting

27  implementation of the activities described in the grant

28  proposal.

29         2.  A rationale and description of the program and the

30  services to be provided, including:

31

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         a.  An analysis of prevention issues related to the

  2  substance abuse prevention profile of the target population.

  3         b.  A description of other primary substance use and

  4  related risk factors.

  5         c.  Goals and objectives based on the findings of the

  6  needs assessment.

  7         d.  The selection of programs or strategies that have

  8  been shown to be effective in addressing the findings of the

  9  needs assessment.

10         e.  A method of identifying the target group for

11  universal prevention strategies, and a method for identifying

12  the individual student participants in selected and indicated

13  prevention strategies.

14         f.  A description of how students will be targeted.

15         g.  Provisions for the participation of parents and

16  guardians in the program.

17         h.  An evaluation component to measure the

18  effectiveness of the program in accordance with

19  performance-based program budgeting effectiveness measures.

20         i.  A program budget, which includes the amount and

21  sources of local cash and in-kind resources committed to the

22  budget and which establishes, to the satisfaction of the

23  department, that the entity will make a cash or in-kind

24  contribution to the program of a value that is at least 25

25  percent of the amount of the grant.

26         (g)  The department shall consider the following in

27  awarding such grants:

28         1.  The number of youths that will be targeted.

29         2.  The validity of the program design to achieve

30  project goals and objectives that are clearly related to

31  performance-based program budgeting effectiveness measures.

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1         3.  The desirability of funding at least one approved

  2  project in each of the department's service districts.

  3         (3)  The department shall coordinate the review of

  4  grant applications with the Department of Education and the

  5  Department of Juvenile Justice and shall make award

  6  determinations no later than June 30 of each year. All

  7  applicants shall be notified by the department of its final

  8  action.

  9         (4)  Each entity that is awarded a grant as provided

10  for in this section shall submit performance and output

11  information as determined by the department.

12         (5)  The department shall establish rules as necessary

13  to implement this section.

14         Section 16.  Section 397.997, Florida Statutes, is

15  created to read:

16         397.997  Prevention resources; Internet website.--

17         (1)  The department shall develop a publicly available

18  substance abuse prevention Internet website. The information

19  on the Internet website shall target youth and their parents,

20  teachers, and other stakeholders.

21         (2)  The Internet website shall incorporate, at a

22  minimum, the following components:

23         (a)  The nature of Florida's current youth alcohol,

24  tobacco, and other drug use concerns;

25         (b)  The health, social, and legal effects of alcohol,

26  tobacco, and other drug use on individuals, families, schools,

27  and the economy;

28         (c)  National, state, and local substance abuse

29  prevention and treatment resources; and

30         (d)  Classroom, home, and individual instructional

31  activities and games geared to teach targeted youth about the

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1  harmful effects of alcohol, tobacco, or other drug use,

  2  refusal and other prevention skills, and how to get help for

  3  someone using drugs.

  4         Section 17.  Section 397.998, Florida Statutes, is

  5  created to read:

  6         397.998  Drug-free communities support match grants.--

  7         (1)  PURPOSE.--The purposes of drug-free communities

  8  match grants are to:

  9         (a)  Assist community coalitions in an effort to secure

10  federal drug-free communities support program grants under

11  Pub. L. No. 105-20.

12         (b)  Reduce substance abuse among youth and, over time,

13  to reduce substance abuse among adults.

14         (c)  Enable community coalitions to strengthen

15  collaboration efforts among public and private agencies to

16  reduce substance abuse among youth.

17         (2)  APPLICATION PROCESS.--

18         (a)  Contingent upon specific appropriations, the

19  department shall establish a program to provide drug-free

20  communities match grants.

21         (b)  The grants shall be used for all or part of the

22  match required for community coalitions to secure a federal

23  drug-free communities support program grant.

24         (3)  ELIGIBLE APPLICANTS.--

25         (a)  Community coalitions whose members have worked

26  together on substance abuse reduction initiatives for a period

27  of not less than 6 months are eligible to apply for match

28  grant funds.

29         (b)  The coalition must represent the targeted

30  community and include at least one representative of each of

31  the following groups: local Department of Children and Family

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1  Services official; youth; parents; business community; media;

  2  schools; organizations serving youth; law enforcement

  3  agencies; religious or fraternal organizations; civic and

  4  volunteer groups; health care professionals; other local or

  5  tribal governmental agencies with an expertise in the field of

  6  substance abuse, including, if applicable, the state authority

  7  with primary authority for substance abuse; and other

  8  organizations involved in reducing substance abuse.

  9         (c)  To demonstrate that the coalition meets the stated

10  criteria, the applicant must submit examples or formal

11  agreements, such as memorandums of understanding, previous

12  newsletters or publications, or other examples of print media

13  coverage that are dated within 6 months prior to submittal of

14  the application.

15         (4)  RELEASE OF FUNDS.--Match grant funds shall be

16  released as required by federal regulations to community

17  coalitions upon documentation that a community coalition has

18  been awarded a drug-free communities support program grant.

19         (5)  IN-KIND MATCH.--The department may provide other

20  in-kind services or goods allowed by federal regulations in

21  lieu of money, to achieve the purpose of this section.

22         (6)  RULES.--The department is authorized to adopt

23  rules specifically to address procedures necessary to

24  administer the drug-free communities match grants as provided

25  in this section.

26         Section 18.  This act shall take effect July 1, 1999.

27

28

29

30

31

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2546
    2-1242-99                                               See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Authorizes the Department of Children and Family Services
  4    to use unit cost methods of payment for mental health and
      substance abuse services. Requires the department to
  5    establish certain contract, payments, and accounting
      standards. Directs the department to convene a workgroup
  6    to develop statutory revisions relating to community
      alcohol, drug abuse, and mental health services. Requires
  7    a report to the Governor and Legislature by December 1,
      1999. Provides requirements for a substance abuse
  8    services quality assurance program. Provides for district
      quality assurance coordinators if specific appropriation
  9    is required. Provides for establishment of a children's
      substance abuse services system to provide prevention,
10    intervention, and treatment services to children at risk
      for substance abuse and children with substance abuse
11    problems. Requires each departmental service district to
      implement a comprehensive districtwide children's
12    substance abuse information and referral network by July
      1, 2000. Provides for integration of treatment and
13    sanctions. Provides for the 4-year operation of
      Children's Network of Care Demonstration Models in which
14    state and local agencies collaborate to deliver substance
      abuse services to local target populations through
15    locally organized networks of care. Provides for purchase
      of services and provides criteria for operation of the
16    demonstration models. Establishes a program for award of
      school substance abuse prevention partnership grants to
17    be administered by the department in cooperation with the
      Departments of Education and Juvenile Justice. Provides
18    grant application procedures, and requirements for
      funding and operation of programs awarded grants. Directs
19    the department to develop a publicly available substance
      abuse prevention Internet website. Directs the department
20    to establish a program to provide drug-free communities
      support match grants, if specific appropriations are
21    provided. (See bill for details.)

22

23

24

25

26

27

28

29

30

31

                                  23