Senate Bill 0878

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    Florida Senate - 1999                                   SB 878

    By Senator Myers





    27-463-99

  1                      A bill to be entitled

  2         An act relating to health care; transferring

  3         powers, duties, functions, and funds of the

  4         Department of Children and Family Services

  5         relating to alcohol, drug abuse, and mental

  6         health programs, including mental health

  7         institutions, to the Department of Health;

  8         authorizing the Department of Health to

  9         organize and classify positions transferred;

10         amending s. 20.19, F.S.; removing from the

11         Department of Children and Family Services

12         responsibilities relating to alcohol, drug

13         abuse, and mental health programs; amending s.

14         20.43, F.S.; establishing within the Department

15         of Health a Division of Mental Health and a

16         Division of Substance Abuse; amending ss.

17         39.001, 39.502, F.S.; conforming to said

18         transfer provisions relating to services for

19         dependent children; amending ss. 216.0172,

20         216.136, F.S.; conforming provisions relating

21         to budgetary process; amending s. 322.055,

22         F.S.; conforming provisions relating to driver

23         licenses of drug offenders; amending s. 393.11,

24         F.S.; conforming provisions relating to

25         diagnosis of mental retardation; amending ss.

26         394.453, 394.455, 394.457, 394.4574, 394.4615,

27         394.4674, 394.4781, 394.47865, 394.480,

28         394.493, 394.498, 394.4985, 394.65, 394.66,

29         394.67, 394.675, 394.73, 394.74, 394.75,

30         394.76, 394.77, 394.78, 394.79, F.S.;

31         conforming provisions relating to alcohol, drug

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  1         abuse, and mental health services; amending ss.

  2         397.311, 397.321, 397.481, 397.706, 397.753,

  3         397.754, 397.801, 397.821, 397.901, F.S.;

  4         conforming provisions relating to substance

  5         abuse programs and services; amending ss.

  6         400.0065, 400.435, 402.165, 402.166, 402.167,

  7         402.175, 402.20, 402.22, 402.33, 408.701,

  8         409.906, F.S.; conforming provisions relating

  9         to the State Long-Term Care Ombudsman, the

10         Agency for Health Care Administration, the

11         statewide and district human rights advocacy

12         committees, an umbrella trust fund for

13         developmentally disabled and mentally ill

14         persons, county contracts for mental health

15         services, education programs for students in

16         residential care facilities, and mental health

17         services provided under Medicaid, and relating

18         to departmental authority to charge fees for

19         client services; amending s. 400.4415, F.S.;

20         revising membership on the assisted living

21         facilities advisory committee; amending ss.

22         411.222, 411.224, 411.232, F.S.; conforming

23         provisions relating to interagency

24         coordination, the family support planning

25         process, and the Children's Early Investment

26         Program; amending s. 414.70, F.S.; conforming

27         provisions relating to a WAGES drug-screening

28         demonstration program; amending s. 458.3165,

29         F.S.; conforming provisions relating to a

30         public psychiatry certificate; amending ss.

31         561.121, 561.19, F.S.; conforming provisions

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  1         relating to revenues for alcohol and substance

  2         abuse programs; amending ss. 775.16, 877.111,

  3         F.S.; conforming provisions relating to

  4         rehabilitation of drug offenders; amending s.

  5         817.505, F.S.; conforming provisions relating

  6         to a prohibition on patient brokering; amending

  7         ss. 893.02, 893.11, 893.12, 893.15, 893.165,

  8         F.S.; conforming provisions relating to drug

  9         abuse prevention and control; amending s.

10         895.09, F.S.; conforming provisions relating to

11         disposition of forfeiture funds; amending ss.

12         916.105, 916.106, 916.107, 916.32, 916.33,

13         916.37, 916.39, 916.40, 916.49, F.S.;

14         conforming provisions relating to mentally ill

15         and mentally deficient defendants; amending s.

16         938.23, F.S.; conforming provisions relating to

17         assistance grants for drug abuse programs;

18         amending ss. 944.706, 945.025, 945.12, 945.41,

19         945.47, 945.49, 947.146, 948.034, F.S.;

20         conforming provisions relating to persons under

21         the jurisdiction of the Department of

22         Corrections; amending ss. 984.225, 985.06,

23         985.21, 985.223, 985.226, 985.23, 985.233,

24         985.308, F.S.; conforming provisions relating

25         to juvenile delinquency; providing for a

26         behavioral health care transition advisory

27         committee; providing membership and duties;

28         establishing a commission on mental health and

29         substance abuse; providing membership and

30         duties; providing for an advisory committee;

31         providing for staff and meetings; authorizing

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  1         the Department of Health to use unit-costing

  2         contract payments; authorizing reimbursement of

  3         expenditures for start-up contracts; providing

  4         for rules; requiring reports; providing

  5         effective dates.

  6

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

  8

  9         Section 1.  Effective January 1, 2000, all powers,

10  duties, functions, records, personnel, property, and

11  unexpended balances of appropriations, allocations, and other

12  funds of the Department of Children and Family Services

13  relating to alcohol, drug abuse, and mental health programs,

14  including all mental health institutions, are transferred by a

15  type two transfer, as defined in section 20.06(2), Florida

16  Statutes, to the Department of Health. Any rules adopted by or

17  for the Department of Children and Family Services for the

18  administration and operation of such programs or institutions

19  are included in this transfer and shall remain in effect until

20  specifically changed in the manner provided by law.  The

21  Department of Health may organize, classify, and manage the

22  positions transferred in a manner that will reduce

23  duplication, achieve maximum efficiency, and ensure

24  accountability.

25         Section 2.  Effective January 1, 2000, paragraph (b) of

26  subsection (1), subsection (5), paragraph (e) of subsection

27  (10) and paragraph (j) of subsection (17) of section 20.19,

28  Florida Statutes, 1998 Supplement, are amended to read:

29         20.19  Department of Children and Family

30  Services.--There is created a Department of Children and

31  Family Services.

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  1         (1)  MISSION AND PURPOSE.--

  2         (b)  The purposes of the Department of Children and

  3  Family Services are to deliver, or provide for the delivery

  4  of, all family services offered by the state through the

  5  department to its citizens and include, but are not limited

  6  to:

  7         1.  Cooperating with other state and local agencies in

  8  integrating the delivery of all family and health services

  9  offered by the state to those citizens in need of assistance.

10         2.  Providing such assistance as is authorized to all

11  eligible clients in order that they might achieve or maintain

12  economic self-support and self-sufficiency to prevent, reduce,

13  or eliminate dependency.

14         3.  Preventing or remedying the neglect, abuse, or

15  exploitation of children and of adults unable to protect their

16  own interests.

17         4.  Aiding in the preservation, rehabilitation, and

18  reuniting of families.

19         5.  Preventing or reducing inappropriate institutional

20  care by providing for community-based care, home-based care,

21  or other forms of less intensive care.

22         6.  Securing referral or admission for institutional

23  care when other forms of care are not appropriate, or

24  providing services to individuals in institutions when

25  necessary.

26         7.  Improving the quality of life for persons with

27  mental illnesses and persons with developmental disabilities.

28         (5)  PROGRAM OFFICES.--

29         (a)  There are created program offices, each of which

30  shall be headed by an assistant secretary who shall be

31

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  1  appointed by and serve at the pleasure of the secretary.  Each

  2  program office shall have the following responsibilities:

  3         1.  Ensuring that family services programs are

  4  implemented according to legislative intent and as provided in

  5  state and federal laws, rules, and regulations.

  6         2.  Establishing program standards and performance

  7  objectives.

  8         3.  Reviewing, monitoring, and ensuring compliance with

  9  statewide standards and performance measures.

10         4.  Providing general statewide supervision of the

11  administration of service programs, including, but not limited

12  to:

13         a.  Developing and coordinating training for service

14  programs.

15         b.  Coordinating program research.

16         c.  Identifying statewide program needs and

17  recommending solutions and priorities.

18         d.  Providing technical assistance for the

19  administrators and staff of the service districts.

20         e.  Assisting district administrators in staff

21  development and training.

22         f.  Monitoring service programs to ensure program

23  quality among service districts.

24         5.  Developing workload and productivity standards.

25         6.  Developing resource allocation methodologies.

26         7.  Compiling reports, analyses, and assessment of

27  client needs on a statewide basis.

28         8.  Ensuring the continued interagency collaboration

29  with the Department of Education for the development and

30  integration of effective programs to serve children and their

31  families.

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  1         9.  Other duties as are assigned by the secretary.

  2         (b)  The following program offices are established and

  3  may be consolidated, restructured, or rearranged by the

  4  secretary; provided any such consolidation, restructuring, or

  5  rearranging is for the purpose of encouraging service

  6  integration through more effective and efficient performance

  7  of the program offices or parts thereof:

  8         1.  Economic Self-Sufficiency Program Office.--The

  9  responsibilities of this office encompass income support

10  programs within the department, such as temporary assistance

11  to families with dependent children, food stamps, welfare

12  reform, and state supplementation of the supplemental security

13  income (SSI) program.

14         2.  Developmental Services Program Office.--The

15  responsibilities of this office encompass programs operated by

16  the department for developmentally disabled persons.

17  Developmental disabilities include any disability defined in

18  s. 393.063.

19         3.  Children and Families Program Office.--The

20  responsibilities of this program office encompass early

21  intervention services for children and families at risk;

22  intake services for protective investigation of abandoned,

23  abused, and neglected children; interstate compact on the

24  placement of children programs; adoption; child care;

25  out-of-home care programs and other specialized services to

26  families.

27         4.  Alcohol, Drug Abuse, and Mental Health Program

28  Office.--The responsibilities of this office encompass all

29  alcohol, drug abuse, and mental health programs operated by

30  the department.

31         (10)  DISTRICT ADMINISTRATOR.--

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  1         (e)  Programs at the district level are in the

  2  following areas: alcohol, drug abuse, and mental health;

  3  developmental services; economic self-sufficiency services;

  4  and children and family services. There may be a program

  5  supervisor for each program, or the district administrator may

  6  combine programs under a program manager or program supervisor

  7  if such arrangement is approved by the secretary.

  8         (17)  CONTRACTING AND PERFORMANCE STANDARDS.--

  9         (j)  If a provider fails to meet the performance

10  standards established in the contract, the department may

11  allow a reasonable period for the provider to correct

12  performance deficiencies. If performance deficiencies are not

13  resolved to the satisfaction of the department within the

14  prescribed time, and if no extenuating circumstances can be

15  documented by the provider to the department's satisfaction,

16  the department must cancel the contract with the provider. The

17  department may not enter into a new contract with that same

18  provider for the services for which the contract was

19  previously canceled for a period of at least 24 months after

20  the date of cancellation.  If an adult substance abuse

21  services provider fails to meet the performance standards

22  established in the contract, the department may allow a

23  reasonable period, not to exceed 6 months, for the provider to

24  correct performance deficiencies. If the performance

25  deficiencies are not resolved to the satisfaction of the

26  department within 6 months, the department must cancel the

27  contract with the adult substance abuse provider, unless there

28  is no other qualified provider in the service area.

29         Section 3.  Effective January 1, 2000, subsections (1)

30  and (3) of section 20.43, Florida Statutes, 1998 Supplement,

31  are amended to read:

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  1         20.43  Department of Health.--There is created a

  2  Department of Health.

  3         (1)  The purpose of the Department of Health is to

  4  promote and protect the health of all residents and visitors

  5  in the state through organized state and community efforts,

  6  including cooperative agreements with counties.  The

  7  department shall:

  8         (a)  Prevent to the fullest extent possible, the

  9  occurrence and progression of communicable and noncommunicable

10  diseases and disabilities and mental and substance abuse

11  impairment.

12         (b)  Maintain a constant surveillance of disease

13  occurrence and accumulate health statistics necessary to

14  establish disease trends and to design health programs.

15         (c)  Conduct special studies of the causes of diseases

16  and formulate preventive strategies.

17         (d)  Promote the maintenance and improvement of the

18  environment as it affects public health.

19         (e)  Promote the maintenance and improvement of health

20  in the residents of the state.

21         (f)  Provide leadership, in cooperation with the public

22  and private sectors, in establishing statewide and community

23  public health and behavioral health delivery systems.

24         (g)  Provide health care and early intervention

25  services to infants, toddlers, children, adolescents, and

26  high-risk perinatal patients who are at risk for disabling

27  conditions or have chronic illnesses.

28         (h)  Provide services to abused and neglected children

29  through child protection teams and sexual abuse treatment

30  programs.

31

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  1         (i)  Develop working associations with all agencies and

  2  organizations involved and interested in health and behavioral

  3  health care delivery.

  4         (j)  Analyze trends in the evolution of health and

  5  behavioral health systems, and identify and promote the use of

  6  innovative, cost-effective health delivery systems.

  7         (k)  Serve as the statewide repository of all aggregate

  8  data accumulated by state agencies related to health care;

  9  analyze that data and issue periodic reports and policy

10  statements, as appropriate; require that all aggregated data

11  be kept in a manner that promotes easy utilization by the

12  public, state agencies, and all other interested parties;

13  provide technical assistance as required; and work

14  cooperatively with the state's higher education programs to

15  promote further study and analysis of health and behavioral

16  health care systems and health care outcomes.

17         (l)  Biennially publish, and annually update, a state

18  health plan that assesses current health programs, systems,

19  and costs; makes projections of future problems and

20  opportunities; and recommends changes needed in the health

21  care system to improve the public health.

22         (m)  Regulate health practitioners, to the extent

23  authorized by the Legislature, as necessary for the

24  preservation of the health, safety, and welfare of the public.

25         (n)  Improve the quality of life for persons with

26  mental illnesses and persons with substance abuse problems,

27  including the promotion of appropriate levels of care and

28  community-based treatment and support services.

29         (3)  The following divisions of the Department of

30  Health are established. Each division shall be under the

31  direct supervision of a division director appointed by the

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  1  secretary. The secretary shall appoint a Deputy Secretary for

  2  Behavioral Health Care who shall have direct supervision over

  3  the Division of Mental Health and the Division of Substance

  4  Abuse.:

  5         (a)  Division of Administration.

  6         (b)  Division of Environmental Health.

  7         (c)  Division of Disease Control.

  8         (d)  Division of Family Health Services.

  9         (e)  Division of Children's Medical Services.

10         (f)  Division of Local Health Planning, Education, and

11  Workforce Development.

12         (g)  Division of Mental Health.

13         (h)  Division of Substance Abuse.

14         (i)(g)  Division of Medical Quality Assurance, which is

15  responsible for the following boards and professions

16  established within the division:

17         1.  Nursing assistants, as provided under s. 400.211.

18         2.  Health care services pools, as provided under s.

19  402.48.

20         3.  The Board of Acupuncture, created under chapter

21  457.

22         4.  The Board of Medicine, created under chapter 458.

23         5.  The Board of Osteopathic Medicine, created under

24  chapter 459.

25         6.  The Board of Chiropractic Medicine, created under

26  chapter 460.

27         7.  The Board of Podiatric Medicine, created under

28  chapter 461.

29         8.  Naturopathy, as provided under chapter 462.

30         9.  The Board of Optometry, created under chapter 463.

31         10.  The Board of Nursing, created under chapter 464.

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  1         11.  The Board of Pharmacy, created under chapter 465.

  2         12.  The Board of Dentistry, created under chapter 466.

  3         13.  Midwifery, as provided under chapter 467.

  4         14.  The Board of Speech-Language Pathology and

  5  Audiology, created under part I of chapter 468.

  6         15.  The Board of Nursing Home Administrators, created

  7  under part II of chapter 468.

  8         16.  The Board of Occupational Therapy, created under

  9  part III of chapter 468.

10         17.  Respiratory therapy, as provided under part V of

11  chapter 468.

12         18.  Dietetics and nutrition practice, as provided

13  under part X of chapter 468.

14         19.  Athletic trainers, as provided under part XIII of

15  chapter 468.

16         20.  The Board of Orthotists and Prosthetists, created

17  under part XIV of chapter 468.

18         21.  Electrolysis, as provided under chapter 478.

19         22.  The Board of Massage Therapy, created under

20  chapter 480.

21         23.  The Board of Clinical Laboratory Personnel,

22  created under part III of chapter 483.

23         24.  Medical physicists, as provided under part IV of

24  chapter 483.

25         25.  The Board of Opticianry, created under part I of

26  chapter 484.

27         26.  The Board of Hearing Aid Specialists, created

28  under part II of chapter 484.

29         27.  The Board of Physical Therapy Practice, created

30  under chapter 486.

31

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  1         28.  The Board of Psychology, created under chapter

  2  490.

  3         29.  School psychologists, as provided under chapter

  4  490.

  5         30.  The Board of Clinical Social Work, Marriage and

  6  Family Therapy, and Mental Health Counseling, created under

  7  chapter 491.

  8

  9  The department may contract with the Agency for Health Care

10  Administration who shall provide consumer complaint,

11  investigative, and prosecutorial services required by the

12  Division of Medical Quality Assurance, councils, or boards, as

13  appropriate.

14         Section 4.  Effective January 1, 2000, paragraph (b) of

15  subsection (7) of section 39.001, Florida Statutes, 1998

16  Supplement, is amended to read:

17         39.001  Purposes and intent; personnel standards and

18  screening.--

19         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

20         (b)  The development of the comprehensive state plan

21  shall be accomplished in the following manner:

22         1.  The department shall establish an interprogram task

23  force comprised of the Assistant Secretary for Children and

24  Family Services, or a designee, a representative from the

25  Children and Families Program Office, a representative from

26  the Alcohol, Drug Abuse, and Mental Health Program Office, a

27  representative from the Developmental Services Program Office,

28  a representative from the Office of Standards and Evaluation,

29  and a representative from the Division of Children's Medical

30  Services of the Department of Health, a representative from

31  the Division of Mental Health of the Department of Health, and

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  1  a representative from the Division of Substance Abuse of the

  2  Department of Health.  Representatives of the Department of

  3  Law Enforcement and of the Department of Education shall serve

  4  as ex officio members of the interprogram task force. The

  5  interprogram task force shall be responsible for:

  6         a.  Developing a plan of action for better coordination

  7  and integration of the goals, activities, and funding

  8  pertaining to the prevention of child abuse, abandonment, and

  9  neglect conducted by the department in order to maximize staff

10  and resources at the state level.  The plan of action shall be

11  included in the state plan.

12         b.  Providing a basic format to be utilized by the

13  districts in the preparation of local plans of action in order

14  to provide for uniformity in the district plans and to provide

15  for greater ease in compiling information for the state plan.

16         c.  Providing the districts with technical assistance

17  in the development of local plans of action, if requested.

18         d.  Examining the local plans to determine if all the

19  requirements of the local plans have been met and, if they

20  have not, informing the districts of the deficiencies and

21  requesting the additional information needed.

22         e.  Preparing the state plan for submission to the

23  Legislature and the Governor.  Such preparation shall include

24  the collapsing of information obtained from the local plans,

25  the cooperative plans with the Department of Education, and

26  the plan of action for coordination and integration of

27  departmental activities into one comprehensive plan.  The

28  comprehensive plan shall include a section reflecting general

29  conditions and needs, an analysis of variations based on

30  population or geographic areas, identified problems, and

31  recommendations for change.  In essence, the plan shall

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  1  provide an analysis and summary of each element of the local

  2  plans to provide a statewide perspective.  The plan shall also

  3  include each separate local plan of action.

  4         f.  Working with the specified state agency in

  5  fulfilling the requirements of subparagraphs 2., 3., 4., and

  6  5.

  7         2.  The department, the Department of Education, and

  8  the Department of Health shall work together in developing

  9  ways to inform and instruct parents of school children and

10  appropriate district school personnel in all school districts

11  in the detection of child abuse, abandonment, and neglect and

12  in the proper action that should be taken in a suspected case

13  of child abuse, abandonment, or neglect, and in caring for a

14  child's needs after a report is made. The plan for

15  accomplishing this end shall be included in the state plan.

16         3.  The department, the Department of Law Enforcement,

17  and the Department of Health shall work together in developing

18  ways to inform and instruct appropriate local law enforcement

19  personnel in the detection of child abuse, abandonment, and

20  neglect and in the proper action that should be taken in a

21  suspected case of child abuse, abandonment, or neglect.

22         4.  Within existing appropriations, the department

23  shall work with other appropriate public and private agencies

24  to emphasize efforts to educate the general public about the

25  problem of and ways to detect child abuse, abandonment, and

26  neglect and in the proper action that should be taken in a

27  suspected case of child abuse, abandonment, or neglect.  The

28  plan for accomplishing this end shall be included in the state

29  plan.

30         5.  The department, the Department of Education, and

31  the Department of Health shall work together on the

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  1  enhancement or adaptation of curriculum materials to assist

  2  instructional personnel in providing instruction through a

  3  multidisciplinary approach on the identification,

  4  intervention, and prevention of child abuse, abandonment, and

  5  neglect.  The curriculum materials shall be geared toward a

  6  sequential program of instruction at the four progressional

  7  levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging

  8  all school districts to utilize the curriculum are to be

  9  included in the comprehensive state plan for the prevention of

10  child abuse, abandonment, and neglect.

11         6.  Each district of the department shall develop a

12  plan for its specific geographical area.  The plan developed

13  at the district level shall be submitted to the interprogram

14  task force for utilization in preparing the state plan.  The

15  district local plan of action shall be prepared with the

16  involvement and assistance of the local agencies and

17  organizations listed in paragraph (a), as well as

18  representatives from those departmental district offices

19  participating in the treatment and prevention of child abuse,

20  abandonment, and neglect.  In order to accomplish this, the

21  district administrator in each district shall establish a task

22  force on the prevention of child abuse, abandonment, and

23  neglect.  The district administrator shall appoint the members

24  of the task force in accordance with the membership

25  requirements of this section.  In addition, the district

26  administrator shall ensure that each subdistrict is

27  represented on the task force; and, if the district does not

28  have subdistricts, the district administrator shall ensure

29  that both urban and rural areas are represented on the task

30  force.  The task force shall develop a written statement

31  clearly identifying its operating procedures, purpose, overall

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  1  responsibilities, and method of meeting responsibilities.  The

  2  district plan of action to be prepared by the task force shall

  3  include, but shall not be limited to:

  4         a.  Documentation of the magnitude of the problems of

  5  child abuse, including sexual abuse, physical abuse, and

  6  emotional abuse, and child abandonment and neglect in its

  7  geographical area.

  8         b.  A description of programs currently serving abused,

  9  abandoned, and neglected children and their families and a

10  description of programs for the prevention of child abuse,

11  abandonment, and neglect, including information on the impact,

12  cost-effectiveness, and sources of funding of such programs.

13         c.  A continuum of programs and services necessary for

14  a comprehensive approach to the prevention of all types of

15  child abuse, abandonment, and neglect as well as a brief

16  description of such programs and services.

17         d.  A description, documentation, and priority ranking

18  of local needs related to child abuse, abandonment, and

19  neglect prevention based upon the continuum of programs and

20  services.

21         e.  A plan for steps to be taken in meeting identified

22  needs, including the coordination and integration of services

23  to avoid unnecessary duplication and cost, and for alternative

24  funding strategies for meeting needs through the reallocation

25  of existing resources, utilization of volunteers, contracting

26  with local universities for services, and local government or

27  private agency funding.

28         f.  A description of barriers to the accomplishment of

29  a comprehensive approach to the prevention of child abuse,

30  abandonment, and neglect.

31

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  1         g.  Recommendations for changes that can be

  2  accomplished only at the state program level or by legislative

  3  action.

  4         Section 5.  Effective January 1, 2000, subsection (15)

  5  of section 39.502, Florida Statutes, 1998 Supplement, is

  6  amended to read:

  7         39.502  Notice, process, and service.--

  8         (15)  A party who is identified as a person with mental

  9  illness or with a developmental disability must be informed by

10  the court of the availability of advocacy services through the

11  department, the Division of Mental Health of the Department of

12  Health, the Association for Retarded Citizens, or other

13  appropriate mental health or developmental disability advocacy

14  groups and encouraged to seek such services.

15         Section 6.  Effective January 1, 2000, paragraph (b) of

16  subsection (2) of section 216.0172, Florida Statutes, 1998

17  Supplement, is amended to read:

18         216.0172  Schedule for submission of performance-based

19  program budgets.--In order to implement the provisions of

20  chapter 94-249, Laws of Florida, state agencies shall submit

21  performance-based program budget legislative budget requests

22  for programs approved pursuant to s. 216.0166 to the Executive

23  Office of the Governor and the Legislature based on the

24  following schedule:

25         (2)  By September 1, 1995, for the 1996-1997 fiscal

26  year:

27         (b)  Department of Health and Rehabilitative Services

28  (Substance Alcohol, Drug Abuse, Mental Health).

29         Section 7.  Effective January 1, 2000, paragraph (b) of

30  subsection (9) of section 216.136, Florida Statutes, 1998

31  Supplement, is amended to read:

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  1         216.136  Consensus estimating conferences; duties and

  2  principals.--

  3         (9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

  4         (b)  Principals.--The Executive Office of the Governor,

  5  the Office of Economic and Demographic Research, and

  6  professional staff who have forecasting expertise from the

  7  Department of Juvenile Justice, the Division of Mental Health

  8  and Division of Substance Abuse of the Department of Health

  9  and Rehabilitative Services Alcohol, Drug Abuse, and Mental

10  Health Program Office, the Department of Law Enforcement, the

11  Senate Appropriations Committee staff, the House of

12  Representatives Appropriations Committee staff, or their

13  designees, are the principals of the Juvenile Justice

14  Estimating Conference. The responsibility of presiding over

15  sessions of the conference shall be rotated among the

16  principals. To facilitate policy and legislative

17  recommendations, the conference may call upon professional

18  staff of the Juvenile Justice Accountability Advisory Board

19  and appropriate legislative staff.

20         Section 8.  Effective January 1, 2000, section 322.055,

21  Florida Statutes, is amended to read:

22         322.055  Revocation or suspension of, or delay of

23  eligibility for, driver's license for persons 18 years of age

24  or older convicted of certain drug offenses.--

25         (1)  Notwithstanding the provisions of s. 322.28, upon

26  the conviction of a person 18 years of age or older for

27  possession or sale of, trafficking in, or conspiracy to

28  possess, sell, or traffic in a controlled substance, the court

29  shall direct the department to revoke the driver's license or

30  driving privilege of the person. The period of such revocation

31  shall be 2 years or until the person is evaluated for and, if

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  1  deemed necessary by the evaluating agency, completes a drug

  2  treatment and rehabilitation program approved or regulated by

  3  the Department of Health and Rehabilitative Services. However,

  4  the court may, in its sound discretion, direct the department

  5  to issue a license for driving privileges restricted to

  6  business or employment purposes only, as defined by s.

  7  322.271, if the person is otherwise qualified for such a

  8  license. A driver whose license or driving privilege has been

  9  suspended or revoked under this section or s. 322.056 may,

10  upon the expiration of 6 months, petition the department for

11  restoration of the driving privilege on a restricted or

12  unrestricted basis depending on length of suspension or

13  revocation. In no case shall a restricted license be available

14  until 6 months of the suspension or revocation period has

15  expired.

16         (2)  If a person 18 years of age or older is convicted

17  for the possession or sale of, trafficking in, or conspiracy

18  to possess, sell, or traffic in a controlled substance and

19  such person is eligible by reason of age for a driver's

20  license or privilege, the court shall direct the department to

21  withhold issuance of such person's driver's license or driving

22  privilege for a period of 2 years after the date the person

23  was convicted or until the person is evaluated for and, if

24  deemed necessary by the evaluating agency, completes a drug

25  treatment and rehabilitation program approved or regulated by

26  the Department of Health and Rehabilitative Services. However,

27  the court may, in its sound discretion, direct the department

28  to issue a license for driving privileges restricted to

29  business or employment purposes only, as defined by s.

30  322.271, if the person is otherwise qualified for such a

31  license. A driver whose license or driving privilege has been

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  1  suspended or revoked under this section or s. 322.056 may,

  2  upon the expiration of 6 months, petition the department for

  3  restoration of the driving privilege on a restricted or

  4  unrestricted basis depending on the length of suspension or

  5  revocation. In no case shall a restricted license be available

  6  until 6 months of the suspension or revocation period has

  7  expired.

  8         (3)  If a person 18 years of age or older is convicted

  9  for the possession or sale of, trafficking in, or conspiracy

10  to possess, sell, or traffic in a controlled substance and

11  such person's driver's license or driving privilege is already

12  under suspension or revocation for any reason, the court shall

13  direct the department to extend the period of such suspension

14  or revocation by an additional period of 2 years or until the

15  person is evaluated for and, if deemed necessary by the

16  evaluating agency, completes a drug treatment and

17  rehabilitation program approved or regulated by the Department

18  of Health and Rehabilitative Services. However, the court may,

19  in its sound discretion, direct the department to issue a

20  license for driving privileges restricted to business or

21  employment purposes only, as defined by s. 322.271, if the

22  person is otherwise qualified for such a license. A driver

23  whose license or driving privilege has been suspended or

24  revoked under this section or s. 322.056 may, upon the

25  expiration of 6 months, petition the department for

26  restoration of the driving privilege on a restricted or

27  unrestricted basis depending on the length of suspension or

28  revocation. In no case shall a restricted license be available

29  until 6 months of the suspension or revocation period has

30  expired.

31

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  1         (4)  If a person 18 years of age or older is convicted

  2  for the possession or sale of, trafficking in, or conspiracy

  3  to possess, sell, or traffic in a controlled substance and

  4  such person is ineligible by reason of age for a driver's

  5  license or driving privilege, the court shall direct the

  6  department to withhold issuance of such person's driver's

  7  license or driving privilege for a period of 2 years after the

  8  date that he or she would otherwise have become eligible or

  9  until he or she becomes eligible by reason of age for a

10  driver's license and is evaluated for and, if deemed necessary

11  by the evaluating agency, completes a drug treatment and

12  rehabilitation program approved or regulated by the Department

13  of Health and Rehabilitative Services. However, the court may,

14  in its sound discretion, direct the department to issue a

15  license for driving privileges restricted to business or

16  employment purposes only, as defined by s. 322.271, if the

17  person is otherwise qualified for such a license. A driver

18  whose license or driving privilege has been suspended or

19  revoked under this section or s. 322.056 may, upon the

20  expiration of 6 months, petition the department for

21  restoration of the driving privilege on a restricted or

22  unrestricted basis depending on the length of suspension or

23  revocation. In no case shall a restricted license be available

24  until 6 months of the suspension or revocation period has

25  expired.

26         (5)  Each clerk of court shall promptly report to the

27  department each conviction for the possession or sale of,

28  trafficking in, or conspiracy to possess, sell, or traffic in

29  a controlled substance.

30

31

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  1         Section 9.  Effective January 1, 2000, subsection (1)

  2  of section 393.11, Florida Statutes, 1998 Supplement, is

  3  amended to read:

  4         393.11  Involuntary admission to residential

  5  services.--

  6         (1)  JURISDICTION.--When a person is mentally retarded

  7  and requires involuntary admission to residential services

  8  provided by the developmental services program of the

  9  Department of Children and Family Health and Rehabilitative

10  Services, the circuit court of the county in which the person

11  resides shall have jurisdiction to conduct a hearing and enter

12  an order involuntarily admitting the person in order that the

13  person may receive the care, treatment, habilitation, and

14  rehabilitation which the person needs.  For the purpose of

15  identifying mental retardation, diagnostic capability shall be

16  established in every program function of the department in the

17  districts, including, but not limited to, programs provided by

18  children and families; delinquency services; alcohol, drug

19  abuse, and mental health; and economic self-sufficiency, and

20  in delinquency programs and services of the Department of

21  Juvenile Justice, and by the Division of Mental Health and the

22  Division of Substance Abuse of the Department of Health,

23  services, and by the Division of Vocational Rehabilitation of

24  the Department of Labor and Employment Security. Except as

25  otherwise specified, the proceedings under this section shall

26  be governed by the Florida Rules of Civil Procedure.

27         Section 10.  Effective January 1, 2000, section

28  394.453, Florida Statutes, is amended to read:

29         394.453  Legislative intent.--It is the intent of the

30  Legislature to authorize and direct the Department of Health

31  and Rehabilitative Services to evaluate, research, plan, and

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  1  recommend to the Governor and the Legislature programs

  2  designed to reduce the occurrence, severity, duration, and

  3  disabling aspects of mental, emotional, and behavioral

  4  disorders. It is the intent of the Legislature that treatment

  5  programs for such disorders shall include, but not be limited

  6  to, comprehensive health, social, educational, and

  7  rehabilitative services to persons requiring intensive

  8  short-term and continued treatment in order to encourage them

  9  to assume responsibility for their treatment and recovery.  It

10  is intended that such persons be provided with emergency

11  service and temporary detention for evaluation when required;

12  that they be admitted to treatment facilities on a voluntary

13  basis when extended or continuing care is needed and

14  unavailable in the community; that involuntary placement be

15  provided only when expert evaluation determines that it is

16  necessary; that any involuntary treatment or examination be

17  accomplished in a setting which is clinically appropriate and

18  most likely to facilitate the person's return to the community

19  as soon as possible; and that individual dignity and human

20  rights be guaranteed to all persons who are admitted to mental

21  health facilities or who are being held under s. 394.463.  It

22  is the further intent of the Legislature that the least

23  restrictive means of intervention be employed based on the

24  individual needs of each person, within the scope of available

25  services.

26         Section 11.  Effective January 1, 2000, subsections (8)

27  and (28) of section 394.455, Florida Statutes, are amended,

28  present subsections (29) and (30) are renumbered as

29  subsections (30) and (31), respectively, and a new subsection

30  (29) is added to that section, to read:

31

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  1         394.455  Definitions.--As used in this part, unless the

  2  context clearly requires otherwise, the term:

  3         (8)  "Department" means the Department of Health

  4  Children and Family Services.

  5         (28)  "Secretary" means the Secretary of Health

  6  Children and Family Services.

  7         (29)  "Service district" or "district" means a

  8  community service area that may be established by the

  9  department for the purpose of providing substance abuse and

10  mental health services.

11         Section 12.  Effective January 1, 2000, subsection (1)

12  of section 394.457, Florida Statutes, is amended to read:

13         394.457  Operation and administration.--

14         (1)  ADMINISTRATION.--The department of Health and

15  Rehabilitative Services is designated the "Mental Health

16  Authority" of Florida.  The department and the Agency for

17  Health Care Administration shall exercise executive and

18  administrative supervision over all mental health facilities,

19  programs, and services.

20         Section 13.  Effective January 1, 2000, subsection (3)

21  of section 394.4574, Florida Statutes, 1998 Supplement, is

22  amended to read:

23         394.4574  Department responsibilities for a mental

24  health resident who resides in an assisted living facility

25  that holds a limited mental health license.--

26         (3)  The Secretary of Health Children and Family

27  Services, in consultation with the Agency for Health Care

28  Administration, shall annually require each district's staff

29  district administrator to develop, with community input,

30  detailed plans that demonstrate how the district will ensure

31  the provision of state-funded mental health and substance

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  1  abuse treatment services to residents of assisted living

  2  facilities that hold a limited mental health license. These

  3  plans must be consistent with the substance alcohol, drug

  4  abuse, and mental health district plan developed pursuant to

  5  s. 394.75 and must address case management services; access to

  6  consumer-operated drop-in centers; access to services during

  7  evenings, weekends, and holidays; supervision of the clinical

  8  needs of the residents; and access to emergency psychiatric

  9  care.

10         Section 14.  Effective January 1, 2000, paragraph (d)

11  of subsection (2) of section 394.4615, Florida Statutes, is

12  amended to read:

13         394.4615  Clinical records; confidentiality.--

14         (2)  The clinical record shall be released when:

15         (d)  The patient is committed to, or is to be returned

16  to, the Department of Corrections from the Department of

17  Health and Rehabilitative Services, and the Department of

18  Corrections requests such records.  These records shall be

19  furnished without charge to the Department of Corrections.

20         Section 15.  Effective January 1, 2000, paragraph (e)

21  of subsection (2) of section 394.4674, Florida Statutes, is

22  amended to read:

23         394.4674  Plan and report.--

24         (2)  The department shall prepare and submit a

25  semiannual report to the Legislature, until the conditions

26  specified in subsection (1) are met, which shall include, but

27  not be limited to:

28         (e)  Any evidence of involvement between the Division

29  of Mental Health and Division of Substance Abuse and the

30  Alcohol, Drug Abuse, and Mental Health Program Office and

31  other divisions of the department and program offices within

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  1  the Department of Children and Family Services, and between

  2  the department and other state and private agencies and

  3  individuals, to accomplish the deinstitutionalization of

  4  patients in this age group.

  5         Section 16.  Effective January 1, 2000, subsection (1)

  6  of section 394.4781, Florida Statutes, 1998 Supplement, is

  7  amended to read:

  8         394.4781  Residential care for psychotic and

  9  emotionally disturbed children.--

10         (1)  DEFINITIONS.--As used in this section, the term:

11         (a)  "psychotic or severely emotionally disturbed

12  child" means a child so diagnosed by a psychiatrist or

13  clinical psychologist who has specialty training and

14  experience with children.  Such a severely emotionally

15  disturbed child or psychotic child shall be considered by this

16  diagnosis to benefit by and require residential care as

17  contemplated by this section.

18         (b)  "Department" means the Department of Health and

19  Rehabilitative Services.

20         Section 17.  Effective January 1, 2000, subsection (1)

21  of section 394.47865, Florida Statutes, is amended to read:

22         394.47865  South Florida State Hospital;

23  privatization.--

24         (1)  The department of Children and Family Services

25  shall, through a request for proposals, privatize South

26  Florida State Hospital. The department shall plan to begin

27  implementation of this privatization initiative by July 1,

28  1998.

29         (a)  Notwithstanding s. 287.057(12), the department may

30  enter into agreements, not to exceed 20 years, with a private

31  provider, a coalition of providers, or another agency to

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  1  finance, design, and construct a treatment facility having up

  2  to 350 beds and to operate all aspects of daily operations

  3  within the facility. The department may subcontract any or all

  4  components of this procurement to a statutorily established

  5  state governmental entity that has successfully contracted

  6  with private companies for designing, financing, acquiring,

  7  leasing, constructing, and operating major privatized state

  8  facilities.

  9         (b)  The selected contractor is authorized to sponsor

10  the issuance of tax-exempt bonds, certificates of

11  participation, or other securities to finance the project, and

12  the state is authorized to enter into a lease-purchase

13  agreement for the treatment facility.

14         Section 18.  Effective January 1, 2000, section

15  394.480, Florida Statutes, is amended to read:

16         394.480  Compact administrator.--Pursuant to said

17  compact, the Secretary of Health and Rehabilitative Services

18  shall be the compact administrator who, acting jointly with

19  like officers of other party states, shall have power to

20  promulgate rules and regulations to carry out more effectively

21  the terms of the compact.  The compact administrator is hereby

22  authorized, empowered, and directed to cooperate with all

23  departments, agencies, and officers of and in the government

24  of this state and its subdivisions in facilitating the proper

25  administration of the compact of any supplementary agreement

26  or agreements entered into by this state thereunder.

27         Section 19.  Effective January 1, 2000, subsections (1)

28  and (3) of section 394.493, Florida Statutes, 1998 Supplement,

29  are amended to read:

30         394.493  Target populations for child and adolescent

31  mental health services funded through the department.--

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  1         (1)  The child and adolescent mental health system of

  2  care funded through the Department of Health Children and

  3  Family Services shall serve, to the extent that resources are

  4  available, the following groups of children and adolescents

  5  who reside with their parents or legal guardians or who are

  6  placed in state custody:

  7         (a)  Children and adolescents who are experiencing an

  8  acute mental or emotional crisis.

  9         (b)  Children and adolescents who have a serious

10  emotional disturbance or mental illness.

11         (c)  Children and adolescents who have an emotional

12  disturbance.

13         (d)  Children and adolescents who are at risk of

14  emotional disturbance.

15         (3)  Each child or adolescent who meets the target

16  population criteria of this section shall be served to the

17  extent possible within available resources and consistent with

18  the portion of the district substance alcohol, drug abuse, and

19  mental health plan specified in s. 394.75 which pertains to

20  child and adolescent mental health services.

21         Section 20.  Effective January 1, 2000, paragraph (a)

22  of subsection (4) of section 394.498, Florida Statutes, 1998

23  Supplement, is amended to read:

24         394.498  Child and Adolescent Interagency System of

25  Care Demonstration Models.--

26         (4)  ESSENTIAL ELEMENTS.--

27         (a)  In order to be approved as a Child and Adolescent

28  Interagency System of Care Demonstration Model, the applicant

29  must demonstrate its capacity to perform the following

30  functions:

31

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  1         1.  Form a consortium of purchasers, which includes at

  2  least three of the following agencies:

  3         a.  The Mental Health Program and Family Safety and

  4  Preservation Program of the Department of Children and Family

  5  Services.

  6         b.  The Division of Mental Health of the Department of

  7  Health.

  8         c.b.  The Medicaid program of the Agency for Health

  9  Care Administration.

10         d.c.  The local school district.

11         e.d.  The Department of Juvenile Justice.

12

13  Each agency that participates in the consortium shall enter

14  into a written interagency agreement that defines each

15  agency's responsibilities.

16         2.  Establish an oversight body that is responsible for

17  directing the demonstration model. The oversight body must

18  include representatives from the state agencies that comprise

19  the consortium of purchasers under subparagraph 1., as well as

20  local governmental entities, a juvenile court judge, parents,

21  and other community entities. The responsibilities of the

22  oversight body must be specified in writing.

23         3.  Select a target population of children and

24  adolescents, regardless of whether the child or adolescent is

25  eligible or ineligible for Medicaid, based on the following

26  parameters:

27         a.  The child or adolescent has a serious emotional

28  disturbance or mental illness, as defined in s. 394.492(6),

29  based on an assessment conducted by a licensed practitioner

30  defined in s. 394.455(2), (4), (21), (23), or (24) or by a

31  professional licensed under chapter 491;

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  1         b.  The total service costs per child or adolescent

  2  have exceeded $3,000 per month;

  3         c.  The child or adolescent has had multiple

  4  out-of-home placements;

  5         d.  The existing array of services does not effectively

  6  meet the needs of the child or adolescent;

  7         e.  The case of the child or adolescent has been

  8  staffed by a district collaborative planning team and

  9  satisfactory results have not been achieved through existing

10  case services plans; and

11         f.  The parent or legal guardian of the child or

12  adolescent consents to participating in the demonstration

13  model.

14         4.  Select a geographic site for the demonstration

15  model. A demonstration model may be comprised of one or more

16  counties and may include multiple service districts of the

17  Department of Children and Family Services.

18         5.  Develop a mechanism for selecting the pool of

19  children and adolescents who meet the criteria specified in

20  this section for participating in the demonstration model.

21         6.  Establish a pooled funding plan that allocates

22  proportionate costs to the purchasers. The plan must address

23  all of the service needs of the child or adolescent, and funds

24  may not be identified in the plan by legislative appropriation

25  category or any other state or federal funding category.

26         a.  The funding plan shall be developed based on an

27  analysis of expenditures made by each participating state

28  agency during the previous 2 fiscal years in which services

29  were provided for the target population or for individuals who

30  have characteristics that are similar to the target

31  population.

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  1         b.  Based on the results of this cost analysis, funds

  2  shall be collected from each of the participating state

  3  agencies and deposited into a central financial account.

  4         c.  A financial body shall be designated to manage the

  5  pool of funds and shall have the capability to pay for

  6  individual services specified in a services plan.

  7         7.  Identify a care management entity that reports to

  8  the oversight body. For purposes of the demonstration models,

  9  the term "care management entity" means the entity that

10  assumes responsibility for the organization, planning,

11  purchasing, and management of mental health treatment services

12  to the target population in the demonstration model. The care

13  management entity may not provide direct services to the

14  target population. The care management entity shall:

15         a.  Manage the funds of the demonstration model within

16  budget allocations. The administrative costs associated with

17  the operation of the demonstration model must be itemized in

18  the entity's operating budget.

19         b.  Purchase individual services in a timely manner.

20         c.  Review the completed client assessment information

21  and complete additional assessments that are needed, including

22  an assessment of the strengths of the child or adolescent and

23  his or her family.

24         d.  Organize a child-family team to develop a single,

25  unified services plan for the child or adolescent, in

26  accordance with ss. 394.490-394.497. The team shall include

27  the parents and other family members of the child or

28  adolescent, friends and community-based supporters of the

29  child or adolescent, and appropriate service providers who are

30  familiar with the problems and needs of the child or

31  adolescent and his or her family. The plan must include a

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  1  statement concerning the strengths of the child or adolescent

  2  and his or her family, and must identify the natural supports

  3  in the family and the community that might be used in

  4  addressing the service needs of the child or adolescent. A

  5  copy of the completed service plan shall be provided to the

  6  parents of the child or adolescent.

  7         e.  Identify a network of providers that meet the

  8  requirements of paragraph (b).

  9         f.  Identify informal, unpaid supporters, such as

10  persons from the child's or adolescent's neighborhood, civic

11  organizations, clubs, and churches.

12         g.  Identify additional service providers who can work

13  effectively with the child or adolescent and his or her

14  family, including, but not limited to, a home health aide,

15  mentor, respite care worker, and in-home behavioral health

16  care worker.

17         h.  Implement a case management system that

18  concentrates on the strengths of the child or adolescent and

19  his or her family and uses these strengths in case planning

20  and implementation activities. The case manager is primarily

21  responsible for developing the services plan and shall report

22  to the care management entity. The case manager shall monitor

23  and oversee the services provided by the network of providers.

24  The parents must be informed about contacting the care

25  management entity or comparable entity to address concerns of

26  the parents.

27

28  Each person or organization that performs any of the care

29  management responsibilities specified in this subparagraph is

30  responsible only to the care management entity. However, such

31  care management responsibilities do not preclude the person or

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  1  organization from performing other responsibilities for

  2  another agency or provider.

  3         8.  Develop a mechanism for measuring compliance with

  4  the goals of the demonstration models specified in subsection

  5  (2), which mechanism includes qualitative and quantitative

  6  performance outcomes, report on compliance rates, and conduct

  7  quality improvement functions. At a minimum, the mechanism for

  8  measuring compliance must include the outcomes and measures

  9  established in the General Appropriations Act and the outcomes

10  and measures that are unique to the demonstration models.

11         9.  Develop mechanisms to ensure that family

12  representatives have a substantial role in planning the

13  demonstration model and in designing the instrument for

14  measuring the effectiveness of services provided.

15         10.  Develop and monitor grievance procedures.

16         11.  Develop policies to ensure that a child or

17  adolescent is not rejected or ejected from the demonstration

18  model because of a clinical condition or a specific service

19  need.

20         12.  Develop policies to require that a participating

21  state agency remains a part of the demonstration model for its

22  entire duration.

23         13.  Obtain training for the staff involved in all

24  aspects of the project.

25         Section 21.  Effective January 1, 2000, subsection (1)

26  of section 394.4985, Florida Statutes, 1998 Supplement, is

27  amended to read:

28         394.4985  Districtwide information and referral

29  network; implementation.--

30         (1)  Each service district of the Department of Health

31  Children and Family Services shall develop a detailed

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  1  implementation plan for a districtwide comprehensive child and

  2  adolescent mental health information and referral network to

  3  be operational by July 1, 1999. The plan must include an

  4  operating budget that demonstrates cost efficiencies and

  5  identifies funding sources for the district information and

  6  referral network. The plan must be submitted by the department

  7  to the Legislature by October 1, 1998. The district shall use

  8  existing district information and referral providers if, in

  9  the development of the plan, it is concluded that these

10  providers would deliver information and referral services in a

11  more efficient and effective manner when compared to other

12  alternatives. The district information and referral network

13  must include:

14         (a)  A resource file that contains information about

15  the child and adolescent mental health services as described

16  in s. 394.495, including, but not limited to:

17         1.  Type of program;

18         2.  Hours of service;

19         3.  Ages of persons served;

20         4.  Program description;

21         5.  Eligibility requirements; and

22         6.  Fees.

23         (b)  Information about private providers and

24  professionals in the community which serve children and

25  adolescents with an emotional disturbance.

26         (c)  A system to document requests for services that

27  are received through the network referral process, including,

28  but not limited to:

29         1.  Number of calls by type of service requested;

30         2.  Ages of the children and adolescents for whom

31  services are requested; and

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  1         3.  Type of referral made by the network.

  2         (d)  The ability to share client information with the

  3  appropriate community agencies.

  4         (e)  The submission of an annual report to the

  5  department, the Agency for Health Care Administration, the

  6  Department of Children and Family Services, and appropriate

  7  local government entities, which contains information about

  8  the sources and frequency of requests for information, types

  9  and frequency of services requested, and types and frequency

10  of referrals made.

11         Section 22.  Effective January 1, 2000, section 394.65,

12  Florida Statutes, is amended to read:

13         394.65  Short title.--This part may be cited shall be

14  known as "The Community Substance Alcohol, Drug Abuse, and

15  Mental Health Services Act."

16         Section 23.  Effective January 1, 2000, section 394.66,

17  Florida Statutes, is amended to read:

18         394.66  Legislative intent with respect to substance

19  alcohol, drug abuse, and mental health services.--It is the

20  intent of the Legislature to:

21         (1)  Promote and improve the mental health of the

22  citizens of the state through a system of comprehensive,

23  coordinated substance alcohol, drug abuse, and mental health

24  services.

25         (2)  Involve local citizens in the planning of

26  substance alcohol, drug abuse, and mental health services in

27  their communities.

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

29  of Health and Rehabilitative Services and its contractors are

30  directed toward the coordination with programs of the

31  Department of Children and Family Services in of planning

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  1  efforts in substance alcohol, drug abuse, and mental health

  2  treatment services.

  3         (4)  Provide access to services to all residents of the

  4  state with priority of attention being given to individuals

  5  exhibiting symptoms of acute or chronic mental illness or

  6  substance abuse, alcohol abuse, or drug abuse.

  7         (5)  Ensure continuity of care, consistent with minimum

  8  standards, for persons who are released from a state treatment

  9  facility into the community.

10         (6)  Provide accountability for service provision

11  through statewide standards for management, monitoring, and

12  reporting of information.

13         (7)  Include substance alcohol, drug abuse, and mental

14  health services as a component of the integrated service

15  delivery system of the Department of Health and Rehabilitative

16  Services.

17         (8)  Ensure that the districts of the Department of

18  Health are the focal point of all substance alcohol, drug

19  abuse, and mental health planning activities, including budget

20  submissions, grant applications, contracts, and other

21  arrangements that can be effected at the district level.

22         (9)  Organize and finance community substance alcohol,

23  drug abuse, and mental health services in local communities

24  throughout the state through locally administered service

25  delivery programs that maximize the involvement of local

26  citizens.

27         Section 24.  Effective January 1, 2000, section 394.67,

28  Florida Statutes, 1998 Supplement is amended to read:

29         394.67  Definitions.--As used in this part, the term:

30         (1)  "Advisory council" means a district advisory

31  council.

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  1         (1)(2)  "Agency" means the Agency for Health Care

  2  Administration.

  3         (2)(3)  "Applicant" means an individual applicant, or

  4  any officer, director, agent, managing employee, or affiliated

  5  person, or any partner or shareholder having an ownership

  6  interest equal to a 5-percent or greater interest in the

  7  corporation, partnership, or other business entity.

  8         (3)(4)  "Client" means any individual receiving

  9  services in any substance alcohol, drug abuse, or mental

10  health facility, program, or service, which facility, program,

11  or service is operated, funded, or regulated by the agency and

12  the department or regulated by the agency.

13         (4)(5)  "Crisis stabilization unit" means a program

14  that provides an alternative to inpatient hospitalization and

15  that provides brief, intensive services 24 hours a day, 7 days

16  a week, for mentally ill individuals who are in an acutely

17  disturbed state.

18         (5)(6)  "Department" means the Department of Health

19  Children and Family Services.

20         (6)  "Deputy secretary" means the Deputy Secretary for

21  Behavioral Health Care of the Department of Health, or a

22  designee.

23         (7)  "Director" means any member of the official board

24  of directors reported in the organization's annual corporate

25  report to the Florida Department of State, or, if no such

26  report is made, any member of the operating board of

27  directors. The term excludes members of separate, restricted

28  boards that serve only in an advisory capacity to the

29  operating board.

30         (8)  "District administrator" means the person

31  appointed by the Secretary of Children and Family Services for

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  1  the purpose of administering a department service district as

  2  set forth in s. 20.19.

  3         (8)(9)  "District plan" or "plan" means the combined

  4  district substance alcohol, drug abuse, and mental health plan

  5  approved by the district staff with the advice and

  6  participation of the local health council administrator and

  7  governing bodies in accordance with this part.

  8         (9)(10)  "Federal funds" means funds from federal

  9  sources for substance alcohol, drug abuse, or mental health

10  facilities and programs, exclusive of federal funds that are

11  deemed eligible by the Federal Government, and are eligible

12  through state regulation, for matching purposes.

13         (10)(11)  "Governing body" means the chief legislative

14  body of a county, a board of county commissioners, or boards

15  of county commissioners in counties acting jointly, or their

16  counterparts in a charter government.

17         (11)(12)  "Licensed facility" means a facility licensed

18  in accordance with this chapter.

19         (12)  "Local health council" means a council

20  established under s. 408.033. For purposes of this part, the

21  local health councils shall be involved in assessing the

22  substance abuse and mental health needs of the community and

23  shall participate in the development of a plan to address

24  those needs.

25         (13)  "Local matching funds" means funds received from

26  governing bodies of local government, including city

27  commissions, county commissions, district school boards,

28  special tax districts, private hospital funds, private gifts,

29  both individual and corporate, and bequests and funds received

30  from community drives or any other sources.

31

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  1         (14)  "Managing employee" means the administrator or

  2  other similarly titled individual who is responsible for the

  3  daily operation of the facility.

  4         (15)  "Patient fees" means compensation received by a

  5  community substance alcohol, drug abuse, or mental health

  6  facility for services rendered to clients from any source of

  7  funds, including city, county, state, federal, and private

  8  sources.

  9         (16)  "Premises" means those buildings, beds, and

10  facilities located at the main address of the licensee and all

11  other buildings, beds, and facilities for the provision of

12  acute or residential care which are located in such reasonable

13  proximity to the main address of the licensee as to appear to

14  the public to be under the dominion and control of the

15  licensee.

16         (17)  "Program office" means the Alcohol, Drug Abuse,

17  and Mental Health Program Office of the Department of Children

18  and Family Services.

19         (17)(18)  "Residential treatment facility" means a

20  facility providing residential care and treatment to

21  individuals exhibiting symptoms of mental illness who are in

22  need of a 24-hour-per-day, 7-day-a-week structured living

23  environment, respite care, or long-term community placement.

24         (18)(19)  "Service district" or "district" means a

25  community service area district as established by the

26  department under s. 20.19 for the purpose of providing

27  community substance alcohol, drug abuse, and mental health

28  services.

29         (19)(20)  "Service provider" means any agency in which

30  all or any portion of the programs or services set forth in s.

31  394.675 are carried out.

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  1         Section 25.  Effective January 1, 2000, section

  2  394.675, Florida Statutes, is amended to read:

  3         394.675  Substance Alcohol, drug abuse, and mental

  4  health service system.--

  5         (1)  A system of comprehensive substance alcohol, drug

  6  abuse, and mental health services shall be established as

  7  follows:

  8         (a)  "Primary care services" are those services which,

  9  at a minimum, must be made available in each service district

10  to persons who have acute or chronic mental illnesses, who are

11  acute or chronic drug dependents, and who are acute or chronic

12  alcohol abusers to provide them with immediate care and

13  treatment in crisis situations and to prevent further

14  deterioration or exacerbation of their conditions.  These

15  services include, but are not limited to,

16  emergency-stabilization services, detoxification services,

17  inpatient services, residential services, and case management

18  services.

19         (b)  "Rehabilitative services" are those services which

20  are made available to the general population at risk of

21  serious mental health problems or substance abuse problems or

22  which are provided as part of a rehabilitative program.  These

23  services are designed to prepare or train persons to function

24  within the limits of their disabilities, to restore previous

25  levels of functioning, or to improve current levels of

26  inadequate functioning. Rehabilitative services include, but

27  are not limited to, outpatient services, day treatment

28  services, and partial hospitalization services.

29         (c)  "Preventive services" are those services which are

30  made available to the general population for the purpose of

31  preventing or ameliorating the effects of alcohol abuse, drug

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  1  abuse, or mental illness.  These services emphasize the

  2  reduction of the occurrence of emotional disorders, mental

  3  disorders, and substance abuse through public education, early

  4  detection, and timely intervention.  Preventive services

  5  include consultation, public education, and prevention

  6  services which have been determined through the district

  7  planning process to be necessary to complete a continuum of

  8  services as required by this part and which are included in

  9  the district plan.

10         (2)  Notwithstanding the provisions of this part, funds

11  which are provided through state and federal sources for

12  specific services shall be used for those purposes.

13         Section 26.  Effective January 1, 2000, section 394.73,

14  Florida Statutes, is amended to read:

15         394.73  Joint substance alcohol, drug abuse, and mental

16  health service programs in two or more counties.--

17         (1)  Subject to rules established by the department,

18  any county within a service district shall have the same power

19  to contract for substance alcohol, drug abuse, and mental

20  health services as the department has under existing statutes.

21         (2)  In order to carry out the intent of this part and

22  to provide substance alcohol, drug abuse, and mental health

23  services in accordance with the district plan, the counties

24  within a service district may enter into agreements with each

25  other for the establishment of joint service programs.  The

26  agreements may provide for the joint provision or operation of

27  services and facilities or for the provision or operation of

28  services and facilities by one participating county under

29  contract with other participating counties.

30         (3)  When a service district comprises two or more

31  counties or portions thereof, it is the obligation of the

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  1  department planning council to submit to the governing bodies,

  2  prior to the budget submission date of each governing body, an

  3  estimate of the proportionate share of costs of substance

  4  alcohol, drug abuse, and mental health services proposed to be

  5  borne by each such governing body.

  6         (4)  Any county desiring to withdraw from a joint

  7  program may submit to the district staff administrator a

  8  resolution requesting withdrawal therefrom together with a

  9  plan for the equitable adjustment and division of the assets,

10  property, debts, and obligations, if any, of the joint

11  program.

12         Section 27.  Effective January 1, 2000, section 394.74,

13  Florida Statutes, is amended to read:

14         394.74  Contracts for provision of local substance

15  alcohol, drug abuse, and mental health programs.--

16         (1)  The department, when funds are available for such

17  purposes, is authorized to contract for the establishment and

18  operation of local substance alcohol, drug abuse, and mental

19  health programs with any hospital, clinic, laboratory,

20  institution, or other appropriate service provider.

21         (2)  Contracts for service shall be consistent with the

22  approved district plan and the service priorities established

23  in s. 394.75(4).

24         (3)  Contracts shall include, but are not limited to:

25         (a)  A provision that, within the limits of available

26  resources, primary care alcohol, drug abuse, and mental health

27  services shall be available to any individual residing or

28  employed within the service area, regardless of ability to pay

29  for such services, current or past health condition, or any

30  other factor;

31

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  1         (b)  A provision that such services be available with

  2  priority of attention being given to individuals who exhibit

  3  symptoms of chronic or acute alcoholism, drug abuse, or mental

  4  illness and who are unable to pay the cost of receiving such

  5  services;

  6         (c)  A provision that every reasonable effort to

  7  collect appropriate reimbursement for the cost of providing

  8  substance alcohol, drug abuse, and mental health services to

  9  persons able to pay for services, including first-party

10  payments and third-party payments, shall be made by facilities

11  providing services pursuant to this part act;

12         (d)  A program description and line-item operating

13  budget by program service component for substance alcohol,

14  drug abuse, and mental health services, provided the entire

15  proposed operating budget for the service provider will be

16  displayed; and

17         (e)  A requirement that the contractor must conform to

18  department rules and the priorities established thereunder.

19         (4)  The department shall develop standard contract

20  forms for use between the department district administrator

21  and community substance alcohol, drug abuse, and mental health

22  service providers.

23         (5)  Nothing in this part prevents any city or county,

24  or combination of cities and counties, from owning, financing,

25  and operating an alcohol, drug abuse, or mental health program

26  by entering into an arrangement with the department district

27  to provide, and be reimbursed for, services provided as part

28  of the district plan.

29         Section 28.  Effective January 1, 2000, section 394.75,

30  Florida Statutes, is amended to read:

31

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  1         394.75  District substance alcohol, drug abuse, and

  2  mental health plans.--

  3         (1)(a)  The district staff, in consultation with the

  4  local health planning council, shall prepare a combined

  5  district substance alcohol, drug abuse, and mental health

  6  plan.  The plan shall be prepared on a biennial basis and

  7  shall be reviewed annually and shall reflect both the program

  8  priorities established by the department and the needs of the

  9  district. The district staff has primary responsibility for

10  the preparation of the plan and the inclusion of the

11  department's priorities. The local health council has primary

12  responsibility for identifying the substance abuse and mental

13  health needs of the region. The local health and human

14  services board of the Department of Children and Family

15  Services shall be afforded the opportunity to participate in

16  the development of the district plan.  The plan shall include

17  a program description and line-item budget by program service

18  component for substance alcohol, drug abuse, and mental health

19  service providers that will receive state funds.  The entire

20  proposed operating budget for each service provider shall be

21  displayed.  A schedule, format, and procedure for development

22  and review of the plan shall be promulgated by the department.

23         (b)  The plan shall be submitted by the district staff

24  planning council to the department district administrator and

25  to the governing bodies for review, comment, and approval, as

26  provided in subsection (9).

27         (2)  The plan shall:

28         (a)  Provide a projection of district program and

29  fiscal needs for the next biennium, provide for the orderly

30  and economical development of needed services, and indicate

31  priorities and anticipated expenditures and revenues.

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  1         (b)  Include a summary budget request for the total

  2  district substance alcohol, drug abuse, and mental health

  3  program which shall include the funding priorities established

  4  by the district planning process.

  5         (c)  Provide a basis for the district legislative

  6  budget request.

  7         (d)  Include a policy and procedure for allocation of

  8  funds.

  9         (e)  Include a procedure for securing local matching

10  funds. Such a procedure shall be developed in consultation

11  with governing bodies and service providers.

12         (f)  Provide for the integration of substance alcohol,

13  drug abuse, and mental health services with the other

14  departmental programs, and with the programs of the Department

15  of Children and Family Services, and with the criminal justice

16  system within the district.

17         (g)  Provide a plan for the coordination of services in

18  such manner as to ensure effectiveness and avoid duplication,

19  fragmentation of services, and unnecessary expenditures.

20         (h)  Provide for continuity of client care between

21  state treatment facilities and community programs.

22         (i)  Provide for the most appropriate and economical

23  use of all existing public and private agencies and personnel.

24         (j)  Provide for the fullest possible and most

25  appropriate participation by existing programs; state

26  hospitals and other hospitals; city, county, and state health

27  and family service agencies; drug abuse and alcoholism

28  programs; probation departments; physicians; psychologists;

29  social workers; public health nurses; school systems; and all

30  other public and private agencies and personnel which are

31  required to, or may agree to, participate in the plan.

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  1         (k)  Include an inventory of all public and private

  2  substance alcohol, drug abuse, and mental health resources

  3  within the district, including consumer advocacy groups

  4  registered with the department.

  5         (3)  The plan shall address how primary care services

  6  will be provided and how a continuum of services will be

  7  provided given the resources available in the service

  8  district.

  9         (4)  The plan shall provide the means by which the

10  needs of the following population groups having priority will

11  be addressed in the district:

12         (a)  Chronic public inebriates;

13         (b)  Marginally functional alcoholics;

14         (c)  Chronic opiate abusers;

15         (d)  Poly-drug abusers;

16         (e)  Chronically mentally ill individuals;

17         (f)  Acutely mentally ill individuals;

18         (g)  Severely emotionally disturbed children and

19  adolescents;

20         (h)  Elderly persons at high risk of

21  institutionalization; and

22         (i)  Individuals returned to the community from a state

23  mental health treatment facility.

24         (5)  In developing the plan, optimum use shall be made

25  of any federal, state, and local funds that may be available

26  for substance alcohol, drug abuse, and mental health service

27  planning.

28         (6)  The local health planning council shall establish

29  a subcommittee to prepare its the portion of the district plan

30  relating to children and adolescents. The subcommittee shall

31  include representative membership of any committee organized

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  1  or established within by the district to review placement of

  2  children and adolescents in residential treatment programs.

  3         (7)  All departments of state government and all local

  4  public agencies shall cooperate with officials to assist them

  5  in service planning. The department Each district

  6  administrator shall, upon request and the availability of

  7  staff, provide consultative services to the local agency

  8  directors and governing bodies.

  9         (8)  The district staff administrator shall ensure that

10  the district plan:

11         (a)  Conforms to the priorities in the state plan, the

12  requirements of this part, and the standards adopted under

13  this part;

14         (b)  Ensures that the most effective and economical use

15  will be made of available public and private substance

16  alcohol, drug abuse, and mental health resources in the

17  service district; and

18         (c)  Has adequate provisions made for review and

19  evaluation of the services provided in the service district.

20         (9)  The deputy secretary district administrator shall

21  require such modifications in the district plan as he or she

22  deems necessary to bring the plan into conformance with the

23  provisions of this part. If the local health district planning

24  council and the district staff administrator cannot agree on

25  the plan, including the projected budget, the issues under

26  dispute shall be submitted directly to the deputy secretary of

27  the department for immediate resolution.

28         (10)  Each governing body that provides local funds has

29  the authority to require necessary modification to only that

30  portion of the district plan which affects substance alcohol,

31

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  1  drug abuse, and mental health programs and services within the

  2  jurisdiction of that governing body.

  3         (11)  The deputy secretary district administrator shall

  4  report annually to the local health district planning council

  5  the status of funding for priorities established in the

  6  district plan.  Each report must include:

  7         (a)  A description of the district plan priorities that

  8  were included in the district legislative budget request.;

  9         (b)  A description of the district plan priorities that

10  were included in the departmental budget request. prepared

11  under s. 20.19;

12         (c)  A description of the programs and services

13  included in the district plan priorities that were

14  appropriated funds by the Legislature in the legislative

15  session that preceded the report.

16         Section 29.  Effective January 1, 2000, section 394.76,

17  Florida Statutes, is amended to read:

18         394.76  Financing of district programs and

19  services.--If the local match funding level is not provided in

20  the General Appropriations Act or the substantive bill

21  implementing the General Appropriations Act, such funding

22  level shall be provided as follows:

23         (1)  The deputy secretary district administrator shall

24  ensure that, to the extent possible within available

25  resources, a continuum of integrated and comprehensive

26  services will be available within the district.

27         (2)  If in any fiscal year the approved state

28  appropriation is insufficient to finance the programs and

29  services specified by this part, the department shall have the

30  authority to determine the amount of state funds available to

31  each service district for such purposes in accordance with the

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  1  priorities in both the state and district plans.  The district

  2  staff administrator shall consult with the local health

  3  planning council to ensure that the summary operating budget

  4  conforms to the approved plan.

  5         (3)  The state share of financial participation shall

  6  be determined by the following formula:

  7         (a)  The state share of approved program costs shall be

  8  a percentage of the net balance determined by deducting from

  9  the total operating cost of services and programs, as

10  specified in s. 394.675(1), those expenditures which are

11  ineligible for state participation as provided in subsection

12  (7) and those ineligible expenditures established by rule of

13  the department pursuant to s. 394.78.

14         (b)  Residential and case management services which are

15  funded as part of a deinstitutionalization project shall not

16  require local matching funds and shall not be used as local

17  matching funds.  The state and federal financial participation

18  portions of Medicaid earnings pursuant to Title XIX of the

19  Social Security Act, except for the amount of general revenue

20  equal to the amount appropriated in 1985-1986 plus all other

21  general revenue that is shifted from any other substance

22  alcohol, drug abuse, and mental health appropriation category

23  after fiscal year 1986-1987, shall not require local matching

24  funds and shall not be used as local matching funds. Local

25  matching funds are not required for general revenue

26  transferred by the department into substance alcohol, drug

27  abuse, and mental health appropriations categories during a

28  fiscal year to match federal funds earned from Medicaid

29  services provided for mental health clients in excess of the

30  amounts initially appropriated. Funds for children's services

31  which were provided through the Children, Youth, and Families

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  1  Services budget which did not require local match prior to

  2  being transferred to the Alcohol, Drug Abuse, and Mental

  3  Health Services budget shall be exempt from local matching

  4  requirements.  All other contracted community alcohol and

  5  mental health services and programs, except as identified in

  6  s. 394.457(3), shall require local participation on a 75-to-25

  7  state-to-local ratio.

  8         (c)  The expenditure of 100 percent of all third-party

  9  payments and fees shall be considered as eligible for state

10  financial participation if such expenditures are in accordance

11  with subsection (7) and the approved district plan.

12         (d)  Fees generated by residential and case management

13  services which are funded as part of a deinstitutionalization

14  program and do not require local matching funds shall be used

15  to support program costs approved in the district plan.

16         (e)  Any earnings pursuant to Title XIX of the Social

17  Security Act in excess of the amount appropriated shall be

18  used to support program costs approved in the district plan.

19         (4)  Notwithstanding the provisions of subsection (3),

20  the department is authorized to develop and demonstrate

21  alternative financing systems for substance alcohol, drug

22  abuse, and mental health services.  Proposals for

23  demonstration projects conducted pursuant to this subsection

24  shall be reviewed by the substantive and appropriations

25  committees of the Senate and the House of Representatives

26  prior to implementation of the projects.

27         (5)  The department is authorized to make

28  investigations and to require audits of expenditures.  The

29  department may authorize the use of private certified public

30  accountants for such audits.  Audits shall follow department

31  guidelines.

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  1         (6)  Claims for state payment shall be made in such

  2  form and in such manner as the department determines.

  3         (7)  The expenditures which are subject to state

  4  payment include expenditures that are approved in the district

  5  plan for: salaries of personnel; approved facilities and

  6  services provided through contract; operation, maintenance,

  7  and service cost; depreciation of facilities; and such other

  8  expenditures as may be approved by the department district

  9  administrator.  Such expenditures do not include expenditures

10  for compensation to members of a community agency board,

11  except the actual and necessary expenses incurred in the

12  performance of official duties, or expenditures for a purpose

13  for which state payment is claimed under any other provision

14  of law.

15         (8)  Expenditures for capital improvements relating to

16  construction of, addition to, purchase of, or renovation of a

17  community alcohol, drug abuse, or mental health facility may

18  be made by the state, provided such expenditures or capital

19  improvements are part and parcel of an approved district plan.

20  Nothing shall prohibit the use of such expenditures for the

21  construction of, addition to, renovation of, or purchase of

22  facilities owned by a county, city, or other governmental

23  agency of the state or a nonprofit entity.  Such expenditures

24  are subject to the provisions of subsection (6).

25         (9)(a)  State funds for community alcohol and mental

26  health services shall be matched by local matching funds as

27  provided in paragraph (3)(b).  The governing bodies within a

28  district or subdistrict shall be required to participate in

29  the funding of alcohol and mental health services under the

30  jurisdiction of such governing bodies. The amount of the

31  participation shall be at least that amount which, when added

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  1  to other available local matching funds, is necessary to match

  2  state funds.

  3         (b)  The provisions of paragraph (a) to the contrary

  4  notwithstanding, no additional matching funds may be required

  5  solely due to the addition in the General Appropriations Act

  6  of Alcohol, Drug Abuse, and Mental Health Block Grant Funds

  7  for local community mental health centers and alcohol project

  8  grants.

  9         (10)  A local governing body is authorized to

10  appropriate moneys, in lump sum or otherwise, from its public

11  funds for the purpose of carrying out the provisions of this

12  part.  In addition to the payment of claims upon submission of

13  proper vouchers, such moneys may also, at the option of the

14  governing body, be disbursed in the form of a lump-sum or

15  advance payment for services for expenditure, in turn, by the

16  recipient of the disbursement without prior audit by the

17  auditor of the governing body.  Such funds shall be expended

18  only for substance alcohol, drug abuse, or mental health

19  purposes as provided in the approved district plan.  Each

20  governing body appropriating and disbursing moneys pursuant to

21  this subsection shall require the expenditure of such moneys

22  by the recipient of the disbursement to be audited annually

23  either in conjunction with an audit of other expenditures or

24  by a separate audit.  Such annual audits shall be furnished to

25  the governing bodies of each participating county and

26  municipality for their examination.

27         (11)  No additional local matching funds shall be

28  required solely due to the addition in the General

29  Appropriations Act of Alcohol, Drug Abuse, and Mental Health

30  Block Grant Funds for local community mental health centers,

31  drug abuse programs, and alcohol project grants.

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  1         Section 30.  Effective January 1, 2000, subsection (1)

  2  of section 394.77, Florida Statutes, is amended to read:

  3         394.77  Uniform management information, accounting, and

  4  reporting systems for providers.--The department shall

  5  establish, for the purposes of control of costs:

  6         (1)  A uniform management information system and fiscal

  7  accounting system for use by providers of community substance

  8  alcohol, drug abuse, and mental health services.

  9         Section 31.  Effective January 1, 2000, section 394.78,

10  Florida Statutes, 1998 Supplement, is amended to read:

11         394.78  Operation and administration; personnel

12  standards; procedures for audit and monitoring of service

13  providers; resolution of disputes.--

14         (1)(a)  The Department of Health Children and Family

15  Services shall administer this part and shall adopt rules

16  necessary for its administration. In addition to other

17  rulemaking authority, the department may adopt financial rules

18  relating to conflicts of interest; related party transactions;

19  full disclosure of revenue funds and expenses; charts of

20  accounts for state reporting; auditing; penalties for

21  nonperformance; benefit packages; performance outcomes,

22  including client satisfaction and functional assessments;

23  nonpayment and suspended payments for failure to timely submit

24  required client service reports; and client financial

25  eligibility requirements.

26         (b)  Rules of the department shall be adopted in

27  accordance with the Administrative Procedure Act under chapter

28  120.

29         (2)  The department shall, by rule, establish standards

30  of education and experience for professional and technical

31

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  1  personnel employed in substance alcohol, drug abuse, and

  2  mental health programs.

  3         (3)  The department shall establish, to the extent

  4  possible, a standardized auditing procedure for substance

  5  alcohol, drug abuse, and mental health service providers; and

  6  audits of service providers shall be conducted pursuant to

  7  such procedure and the applicable department rules.  Such

  8  procedure shall be supplied to all current and prospective

  9  contractors and subcontractors prior to the signing of any

10  contracts.

11         (4)  The department shall monitor service providers for

12  compliance with contracts and applicable state and federal

13  regulations. If an adult substance abuse services provider

14  fails to meet the performance standards established in the

15  contract, the department may allow a reasonable period, not to

16  exceed 6 months, for the provider to correct performance

17  deficiencies. If the performance deficiencies are not resolved

18  to the satisfaction of the department within 6 months, the

19  department must cancel the contract with the adult substance

20  abuse provider, unless there is no other qualified provider in

21  the service area.  A representative of the district planning

22  council shall be represented on the monitoring team.

23         (5)  In unresolved disputes regarding this part or

24  rules established pursuant to this part, providers and

25  district planning councils shall adhere to formal procedures

26  as provided by the rules established by the department.

27         Section 32.  Effective January 1, 2000, section 394.79,

28  Florida Statutes, is amended to read:

29         394.79  State substance alcohol, drug abuse, and mental

30  health plan.--

31

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  1         (1)  The department shall prepare a biennial plan for

  2  the delivery and financing of a system of substance alcohol,

  3  drug abuse, and mental health services.  The plan shall

  4  include:

  5         (a)  The current and projected need for substance

  6  alcohol, drug abuse, and mental health services, displayed

  7  statewide and by district, and the extent to which the need is

  8  being addressed by existing services.

  9         (b)  A proposal for the development of a data system

10  that will evaluate the effectiveness of programs and services

11  provided to clients of the substance alcohol, drug abuse, and

12  mental health service system.

13         (c)  A proposal to resolve the funding discrepancies

14  between districts.

15         (d)  A methodology for the allocation of resources

16  available from federal, state, and local sources and a

17  description of the current level of funding available from

18  each source.

19         (e)  A description of the statewide priorities for

20  clients and services and each district's priorities for

21  clients and services.

22         (f)  Recommendations for methods of enhancing local

23  participation in the planning, organization, and financing of

24  substance alcohol, drug abuse, and mental health services.

25         (g)  A description of the current methods of

26  contracting for services, an assessment of the efficiency of

27  these methods in providing accountability for contracted

28  funds, and recommendations for improvements to the system of

29  contracting.

30         (h)  Recommendations for improving access to services

31  by clients and their families.

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  1         (i)  Guidelines and formats for the development of

  2  district plans.

  3         (j)  Recommendations for future directions for the

  4  substance alcohol, drug abuse, and mental health service

  5  delivery system.

  6         (2)  The department shall prepare the state plan in

  7  consultation with district staff administrators, state

  8  treatment facility administrators, and local health district

  9  planning councils.

10         (3)  A copy of the state plan shall be submitted to the

11  Legislature and each local health district planning council.

12  A summary budget request and a summary statement of priorities

13  from each service district shall be attached to the plan.

14         Section 33.  Effective January 1, 2000, subsection (9)

15  and paragraph (a) of subsection (19) of section 397.311,

16  Florida Statutes, 1998 Supplement, are amended to read:

17         397.311  Definitions.--As used in this chapter, except

18  part VIII:

19         (9)  "Department" means the Department of Health and

20  Rehabilitative Services.

21         (19)  "Licensed service provider" means a public agency

22  under this chapter, a private for-profit or not-for-profit

23  agency under this chapter, a physician licensed under chapter

24  458 or chapter 459, or any other private practitioner licensed

25  under this chapter, or a hospital licensed under chapter 395,

26  which offers substance abuse impairment services through one

27  or more of the following licensable service components:

28         (a)  Addictions receiving facility, which is a

29  community-based facility designated by the department to

30  receive, screen, and assess clients found to be substance

31  abuse impaired, in need of emergency treatment for substance

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  1  abuse impairment, or impaired by substance abuse to such an

  2  extent as to meet the criteria for involuntary admission in s.

  3  397.675, and to provide detoxification and stabilization.  An

  4  addictions receiving facility must be state-owned,

  5  state-operated, or state-contracted, and licensed pursuant to

  6  rules adopted by the department's Division of Substance Abuse

  7  Alcohol, Drug Abuse, and Mental Health Program Office which

  8  include specific authorization for the provision of levels of

  9  care and a requirement of separate accommodations for adults

10  and minors. Addictions receiving facilities are designated as

11  secure facilities to provide an intensive level of care and

12  must have sufficient staff and the authority to provide

13  environmental security to handle aggressive and

14  difficult-to-manage behavior and deter elopement.

15         Section 34.  Effective January 1, 2000, subsections

16  (14), (17), and (18) of section 397.321, Florida Statutes,

17  1998 Supplement, are amended to read:

18         397.321  Duties of the department.--The department

19  shall:

20         (14)  In cooperation with service providers, foster and

21  actively seek additional funding to enhance resources for

22  prevention, intervention, and treatment services, including

23  but not limited to the development of partnerships with:

24         (a)  Private industry.

25         (b)  Interdepartmental program offices, including, but

26  not limited to, children and families; delinquency services;

27  health services; economic self-sufficiency services; and

28  children's medical services.

29         (c)  State agencies, including, but not limited to, the

30  Departments of Children and Family Services, Corrections,

31  Education, Community Affairs, Elderly Affairs, and Insurance.

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  1         (17)  Provide sufficient and qualified staff to oversee

  2  all contracting, licensing, and planning functions within each

  3  of its district offices, as permitted by legislative

  4  appropriation.

  5         (17)(18)  Ensure that the department develops and

  6  ensures the implementation of procedures between its Division

  7  of Substance Abuse and other departments Alcohol, Drug Abuse,

  8  and Mental Health Program Office and other departmental

  9  programs, particularly the Department of Children and Family

10  Services and the Department of Juvenile Justice Children and

11  Families Program Office and the delinquency Services Program

12  Office, regarding the referral of substance abuse impaired

13  persons to service providers, information on service

14  providers, information on methods of identifying substance

15  abuse impaired juveniles, and procedures for referring such

16  juveniles to appropriate service providers.

17         Section 35.  Effective January 1, 2000, section

18  397.481, Florida Statutes, is amended to read:

19         397.481  Applicability of Community Substance Alcohol,

20  Drug Abuse, and Mental Health Services Act.--All service

21  providers as defined in and governed by this chapter are also

22  subject to part IV of chapter 394, the Community Substance

23  Alcohol, Drug Abuse, and Mental Health Services Act.

24         Section 36.  Effective January 1, 2000, subsections (2)

25  and (3) of section 397.706, Florida Statutes, 1998 Supplement,

26  are amended to read:

27         397.706  Screening, assessment, and disposition of

28  juvenile offenders.--

29         (2)  The juvenile and circuit courts, in conjunction

30  with the department district administration, shall establish

31  policies and procedures to ensure that juvenile offenders are

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  1  appropriately screened for substance abuse problems and that

  2  diversionary and adjudicatory proceedings include appropriate

  3  conditions and sanctions to address substance abuse problems.

  4  Policies and procedures must address:

  5         (a)  The designation of local service providers

  6  responsible for screening and assessment services and

  7  dispositional recommendations to the department and the court.

  8         (b)  The means by which juvenile offenders are

  9  processed to ensure participation in screening and assessment

10  services.

11         (c)  The role of the court in securing assessments when

12  juvenile offenders or their families are noncompliant.

13         (d)  Safeguards to ensure that information derived

14  through screening and assessment is used solely to assist in

15  dispositional decisions and not for purposes of determining

16  innocence or guilt.

17         (3)  Because resources available to support screening

18  and assessment services are limited, the judicial circuits and

19  the department district administration must develop those

20  capabilities to the extent possible within available resources

21  according to the following priorities:

22         (a)  Juvenile substance abuse offenders.

23         (b)  Juvenile offenders who are substance abuse

24  impaired at the time of the offense.

25         (c)  Second or subsequent juvenile offenders.

26         (d)  Minors taken into custody.

27         Section 37.  Effective January 1, 2000, subsection (3)

28  of section 397.753, Florida Statutes, is amended to read:

29         397.753  Definitions.--As used in this part:

30         (3)  "Inmate substance abuse services" means any

31  service component as defined in s. 397.311 provided directly

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  1  by the Department of Corrections and licensed and regulated by

  2  the Department of Health and Rehabilitative Services pursuant

  3  to s. 397.406, or provided through contractual arrangements

  4  with a service provider licensed pursuant to part II; or any

  5  self-help program or volunteer support group operating for

  6  inmates.

  7         Section 38.  Effective January 1, 2000, subsection (6)

  8  of section 397.754, Florida Statutes, is amended to read:

  9         397.754  Duties and responsibilities of the Department

10  of Corrections.--The Department of Corrections shall:

11         (6)  In cooperation with other agencies, actively seek

12  to enhance resources for the provision of treatment services

13  for inmates and to develop partnerships with other state

14  agencies, including but not limited to the Departments of

15  Health, Children and Family and Rehabilitative Services,

16  Education, Community Affairs, and Law Enforcement.

17         Section 39.  Effective January 1, 2000, subsections (2)

18  and (3) of section 397.801, Florida Statutes, are amended to

19  read:

20         397.801  Substance abuse impairment coordination.--

21         (2)  The Department of Health, the Department of

22  Children and Family and Rehabilitative Services, the

23  Department of Education, the Department of Corrections, the

24  Department of Community Affairs, and the Department of Law

25  Enforcement each shall appoint a policy level staff person to

26  serve as the agency substance abuse impairment coordinator.

27  The responsibilities of the agency coordinator include

28  interagency and intraagency coordination, collection and

29  dissemination of agency-specific data relating to substance

30  abuse impairment, and participation in the development of the

31  state comprehensive plan for substance abuse impairment.

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  1         (3)  The department may shall establish, within each of

  2  its service districts, the full-time position of substance

  3  abuse impairment prevention coordinator, to be filled by a

  4  person with expertise in the area of substance abuse

  5  impairment.  The primary responsibility of this person is to

  6  develop and implement activities which foster the prevention

  7  of substance abuse impairment.

  8         Section 40.  Effective January 1, 2000, subsections (1)

  9  and (3) of section 397.821, Florida Statutes, are amended to

10  read:

11         397.821  Juvenile substance abuse impairment prevention

12  and early intervention councils.--

13         (1)  Each judicial circuit as set forth in s. 26.021

14  may establish a juvenile substance abuse impairment prevention

15  and early intervention council composed of at least 12

16  members, including representatives from law enforcement, the

17  department, school districts, state attorney and public

18  defender offices, the circuit court, the religious community,

19  substance abuse impairment professionals, child advocates from

20  the community, business leaders, parents, and high school

21  students. However, those circuits which already have in

22  operation a council of similar composition may designate the

23  existing body as the juvenile substance abuse impairment

24  prevention and early intervention council for the purposes of

25  this section. Each council shall establish bylaws providing

26  for the length of term of its members, but the term may not

27  exceed 4 years. The Deputy Secretary for Behavioral Health

28  Care district administrator, as defined in s. 20.19, and the

29  chief judge of the circuit court shall each appoint six

30  members of the council. The deputy secretary district

31  administrator shall appoint a representative from the

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  1  department, a school district representative, a substance

  2  abuse impairment treatment professional, a child advocate, a

  3  parent, and a high school student. The chief judge of the

  4  circuit court shall appoint a business leader and

  5  representatives from the state attorney's office, the public

  6  defender's office, the religious community, the circuit court,

  7  and law enforcement agencies.

  8         (3)  The council shall provide recommendations to the

  9  Statewide Coordinator for Substance Abuse Impairment

10  Prevention and Treatment and to the Deputy Secretary for

11  Behavioral Health Care Assistant Secretary for Alcohol, Drug

12  Abuse, and Mental Health annually for consideration for

13  inclusion in the state comprehensive plan for substance abuse

14  impairment, and also to the local health district alcohol,

15  drug abuse, and mental health planning councils for

16  consideration for inclusion in the district substance alcohol,

17  drug abuse, and mental health plans.

18         Section 41.  Effective January 1, 2000, subsection (4)

19  of section 397.901, Florida Statutes, is amended to read:

20         397.901  Prototype juvenile addictions receiving

21  facilities.--

22         (4)  The Department of Juvenile Justice shall adopt

23  rules necessary to implement this section. The rules must be

24  written by the Deputy Secretary for Behavioral Health Care of

25  the Department of Health department's Alcohol, Drug Abuse, and

26  Mental Health Program Office and must specify criteria for

27  staffing and services delineated for the provision of

28  graduated levels of care from nonintensive to environmentally

29  secure for the handling of aggressive and difficult-to-manage

30  behavior and the prevention of elopement.

31

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  1         Section 42.  Effective January 1, 2000, paragraph (f)

  2  of subsection (2) of section 400.0065, Florida Statutes, is

  3  amended to read:

  4         400.0065  State Long-Term Care Ombudsman; duties and

  5  responsibilities; conflict of interest.--

  6         (2)  The State Long-Term Care Ombudsman shall have the

  7  duty and authority to:

  8         (f)  Perform the duties specified in state and federal

  9  law without interference by officials of the Department of

10  Elderly Affairs, the Agency for Health Care Administration,

11  the Department of Health, or the Department of Children and

12  Family Health and Rehabilitative Services.  The ombudsman

13  shall report to the Governor, the President of the Senate, and

14  the Speaker of the House of Representatives whenever

15  organizational or departmental policy issues threaten the

16  ability of the Office of State Long-Term Care Ombudsman to

17  carry out its duties under state or federal law.

18         Section 43.  Effective January 1, 2000, subsection (2)

19  of section 400.435, Florida Statutes, is amended to read:

20         400.435  Maintenance of records; reports.--

21         (2)  Within 60 days after the date of the biennial

22  inspection visit or within 30 days after the date of any

23  interim visit, the agency shall forward the results of the

24  inspection to the district ombudsman council in whose planning

25  and service area, as defined in part II, the facility is

26  located; to at least one public library or, in the absence of

27  a public library, the county seat in the county in which the

28  inspected assisted living facility is located; and, when

29  appropriate, to the district Children and Families Program

30  Office and the district office of the Division of Mental

31  Health and Division of Substance Abuse of the Department of

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  1  Health adult services and district alcohol, drug abuse, and

  2  mental health program offices.

  3         Section 44.  Effective January 1, 2000, paragraphs (f)

  4  and (g) of subsection (1) of section 400.4415, Florida

  5  Statutes, are amended to read:

  6         400.4415  Assisted living facilities advisory

  7  committee.--

  8         (1)  There is created the assisted living facilities

  9  advisory committee, which shall assist the agency in

10  developing and implementing a pilot rating system for

11  facilities. The committee shall consist of nine members who

12  are to be appointed by, and report directly to, the director

13  of the agency.  The membership is to include:

14         (f)  One representative from the Children and Families

15  Program Office aging and adult services program of the

16  Department of Children and Family Health and Rehabilitative

17  Services.

18         (g)  One representative from the Division of Mental

19  Health or the Division of Substance Abuse alcohol, drug abuse,

20  and mental health program of the Department of Health and

21  Rehabilitative Services.

22         Section 45.  Effective January 1, 2000, section

23  402.165, Florida Statutes, 1998 Supplement, is amended to

24  read:

25         402.165  Statewide Human Rights Advocacy Committee;

26  confidential records and meetings.--

27         (1)  There is created within the Department of Children

28  and Family Health and Rehabilitative Services a Statewide

29  Human Rights Advocacy Committee.  The Department of Children

30  and Family Health and Rehabilitative Services shall provide

31  administrative support and service to the committee to the

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  1  extent requested by the executive director within available

  2  resources.  The Statewide Human Rights Advocacy Committee

  3  shall not be subject to control, supervision, or direction by

  4  the Department of Children and Family Health and

  5  Rehabilitative Services in the performance of its duties.  The

  6  committee shall consist of 15 citizens, one from each service

  7  district of the Department of Children and Family Health and

  8  Rehabilitative Services, who broadly represent the interests

  9  of the public and the clients of that department or the

10  Division of Mental Health or Division of Substance Abuse of

11  the Department of Health.  The members shall be representative

12  of five groups of citizens as follows:  one elected public

13  official; one provider who delivers two providers who deliver

14  services or programs to clients of the Department of Children

15  and Family Health and Rehabilitative Services; one provider

16  who delivers services or programs to clients of the Division

17  of Mental Health or the Division of Substance Abuse of the

18  Department of Health; four nonsalaried representatives of

19  nonprofit agencies or civic groups; four representatives of

20  health and rehabilitative services consumer groups who are

21  currently receiving, or have received, services from the

22  Department of Children and Family Health and Rehabilitative

23  Services or the Division of Mental Health or Division of

24  Substance Abuse of the Department of Health within the past 4

25  years, at least one of whom must be a consumer; and four

26  residents of the state who do not represent any of the

27  foregoing groups, two of whom represent health-related

28  professions and two of whom represent the legal profession.

29  In appointing the representatives of the health-related

30  professions, the appointing authority shall give priority of

31  consideration to a physician licensed under chapter 458 or

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  1  chapter 459; and, in appointing the representatives of the

  2  legal profession, the appointing authority shall give priority

  3  of consideration to a member in good standing of The Florida

  4  Bar. Except for the member who is an elected public official,

  5  each member of the Statewide Human Rights Advocacy Committee

  6  must have served as a member of a district human rights

  7  advocacy committee.  Persons related to each other by

  8  consanguinity or affinity within the third degree may not

  9  serve on the Statewide Human Rights Advocacy Committee at the

10  same time.

11         (2)  Members of the Statewide Human Rights Advocacy

12  Committee shall be appointed to serve terms of 3 years.  A

13  member may not serve more than two consecutive terms.  The

14  limitation on the number of terms a member may serve applies

15  without regard to whether a term was served before or after

16  October 1, 1989.

17         (3)  If a member of the Statewide Human Rights Advocacy

18  Committee fails to attend two-thirds of the regular committee

19  meetings during the course of a year, the position held by

20  such member may be deemed vacant by the committee.  The

21  Governor shall fill the vacancy pursuant to subsection (4). If

22  a member of the Statewide Human Rights Advocacy Committee is

23  in violation of the provisions of this section or procedures

24  adopted thereto, the committee may recommend to the Governor

25  that such member be removed.

26         (4)  The Governor shall fill each vacancy on the

27  Statewide Human Rights Advocacy Committee from a list of

28  nominees submitted by the statewide committee.  A list of

29  candidates shall be submitted to the statewide committee by

30  the district human rights advocacy committee in the district

31  from which the vacancy occurs.  Priority of consideration

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  1  shall be given to the appointment of an individual whose

  2  primary interest, experience, or expertise lies with a major

  3  client group of the Department of Children and Family Health

  4  and Rehabilitative Services or the Division of Mental Health

  5  or Division of Substance Abuse of the Department of Health,

  6  not represented on the committee at the time of the

  7  appointment.  If an appointment is not made within 60 days

  8  after a vacancy occurs on the committee, the vacancy shall be

  9  filled by a majority vote of the statewide committee without

10  further action by the Governor. No person who is employed by

11  the Department of Children and Family Health and

12  Rehabilitative Services or the Department of Health may be

13  appointed to the committee.

14         (5)(a)  Members of the Statewide Human Rights Advocacy

15  Committee shall receive no compensation, but shall be entitled

16  to be reimbursed for per diem and travel expenses in

17  accordance with s. 112.061.

18         (b)  The committee shall select an executive director

19  who shall serve at the pleasure of the committee and shall

20  perform the duties delegated to him or her by the committee.

21  The compensation of the executive director shall be

22  established in accordance with the rules of the Selected

23  Exempt Service.

24         (c)  The committee may apply for, receive, and accept

25  grants, gifts, donations, bequests, and other payments

26  including money or property, real or personal, tangible or

27  intangible, and service from any governmental or other public

28  or private entity or person and make arrangements as to the

29  use of same.

30         (d)  The Statewide Human Rights Advocacy Committee

31  shall annually prepare a budget request that shall not be

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  1  subject to change by department staff after it is approved by

  2  the committee, but the budget request shall be submitted to

  3  the Governor by the department for transmittal to the

  4  Legislature.  The budget shall include a request for funds to

  5  carry out the activities of the Statewide Human Rights

  6  Advocacy Committee and the district human rights advocacy

  7  committees.

  8         (6)  The members of the Statewide Human Rights Advocacy

  9  Committee shall elect a chairperson to a term of 1 year.  A

10  person may not serve as chairperson for more than two

11  consecutive terms.

12         (7)  The responsibilities of the committee include, but

13  are not limited to:

14         (a)  Serving as an independent third-party mechanism

15  for protecting the constitutional and human rights of any

16  client within a program or facility operated, funded,

17  licensed, or regulated by the Department of Children and

18  Family Health and Rehabilitative Services or the Division of

19  Mental Health or Division of Substance Abuse of the Department

20  of Health.

21         (b)  Monitoring by site visit and inspection of

22  records, the delivery and use of services, programs, or

23  facilities operated, funded, regulated, or licensed by the

24  Department of Children and Family Health and Rehabilitative

25  Services or the Division of Mental Health or Division of

26  Substance Abuse of the Department of Health, for the purpose

27  of preventing abuse or deprivation of the constitutional and

28  human rights of clients.  The Statewide Human Rights Advocacy

29  Committee may conduct an unannounced site visit or monitoring

30  visit that involves the inspection of records if such visit is

31  conditioned upon a complaint.  A complaint may be generated by

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  1  the committee itself if information from the Department of

  2  Children and Family Health and Rehabilitative Services or the

  3  Division of Mental Health or Division of Substance Abuse of

  4  the Department of Health or other sources indicates a

  5  situation at the program or facility that indicates possible

  6  abuse or neglect of clients.  The Statewide Human Rights

  7  Advocacy Committee shall establish and follow uniform criteria

  8  for the review of information and generation of complaints.

  9  Routine program monitoring and reviews that do not require an

10  examination of records may be made unannounced.

11         (c)  Receiving, investigating, and resolving reports of

12  abuse or deprivation of constitutional and human rights

13  referred to the Statewide Human Rights Advocacy Committee by a

14  district human rights advocacy committee.  If a matter

15  constitutes a threat to the life, safety, or health of clients

16  or is multidistrict in scope, the Statewide Human Rights

17  Advocacy Committee may exercise such powers without the

18  necessity of a referral from a district committee.

19         (d)  Reviewing existing programs or services and new or

20  revised programs of the Department of Children and Family

21  Health and Rehabilitative Services and the Division of Mental

22  Health and Division of Substance Abuse of the Department of

23  Health, and making recommendations as to how the rights of

24  clients are affected.

25         (e)  Submitting an annual report to the Legislature, no

26  later than December 30 of each calendar year, concerning

27  activities, recommendations, and complaints reviewed or

28  developed by the committee during the year.

29         (f)  Conducting meetings at least six times a year at

30  the call of the chairperson and at other times at the call of

31

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  1  the Governor or by written request of six members of the

  2  committee.

  3         (g)  Developing and adopting uniform procedures to be

  4  used to carry out the purpose and responsibilities of the

  5  human rights advocacy committees, which procedures shall

  6  include, but need not be limited to, the following:

  7         1.  The responsibilities of the committee;

  8         2.  The organization and operation of the statewide

  9  committee and district committees, including procedures for

10  replacing a member, formats for maintaining records of

11  committee activities, and criteria for determining what

12  constitutes a conflict of interest for purposes of assigning

13  and conducting investigations and monitoring;

14         3.  Uniform procedures for the statewide committee and

15  district committees to receive and investigate reports of

16  abuse of constitutional or human rights;

17         4.  The responsibilities and relationship of the

18  district human rights advocacy committees to the statewide

19  committee;

20         5.  The relationship of the committee to the Department

21  of Children and Family Health and Rehabilitative Services, and

22  the Division of Mental Health and Division of Substance Abuse

23  of the Department of Health, including the way in which

24  reports of findings and recommendations related to reported

25  abuse are given to those departments and divisions the

26  Department of Health and Rehabilitative Services;

27         6.  Provision for cooperation with the State Long-Term

28  Care Ombudsman Council;

29         7.  Procedures for appeal.  An appeal to the state

30  committee is made by a district human rights advocacy

31  committee when a valid complaint is not resolved at the

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  1  district level.  The statewide committee may appeal an

  2  unresolved complaint to the Secretary of the Department of

  3  Children and Family Health and Rehabilitative Services or the

  4  Secretary of Health, as appropriate. If, after exhausting all

  5  remedies, the statewide committee is not satisfied that the

  6  complaint can be resolved within the Department of Children

  7  and Family Health and Rehabilitative Services or the

  8  Department of Health, the appeal may be referred to the

  9  Governor or the Legislature;

10         8.  Uniform procedures for gaining access to and

11  maintaining confidential information; and

12         9.  Definitions of misfeasance and malfeasance for

13  members of the statewide committee and district committees.

14         (h)  Monitoring the performance and activities of all

15  district committees and providing technical assistance to

16  members and staff of district committees.

17         (i)  Providing for the development and presentation of

18  a standardized training program for members of district

19  committees.

20         (8)(a)  In the performance of its duties, the Statewide

21  Human Rights Advocacy Committee shall have:

22         1.  Authority to receive, investigate, seek to

23  conciliate, hold hearings on, and act on complaints which

24  allege any abuse or deprivation of constitutional or human

25  rights of clients.

26         2.  Access to all client records, files, and reports

27  from any program, service, or facility that is operated,

28  funded, licensed, or regulated by the Department of Children

29  and Family Services, or the Division of Mental Health or

30  Division of Substance Abuse of the Department of Health, and

31  any records which are material to its investigation and which

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  1  are in the custody of any other agency or department of

  2  government.  The committee's investigation or monitoring shall

  3  not impede or obstruct matters under investigation by law

  4  enforcement or judicial authorities.  Access shall not be

  5  granted if a specific procedure or prohibition for reviewing

  6  records is required by federal law and regulation which

  7  supersedes state law. Access shall not be granted to the

  8  records of a private licensed practitioner who is providing

  9  services outside agencies and facilities and whose client is

10  competent and refuses disclosure.

11         3.  Standing to petition the circuit court for access

12  to client records which are confidential as specified by law.

13  The petition shall state the specific reasons for which the

14  committee is seeking access and the intended use of such

15  information.  The court may authorize committee access to such

16  records upon a finding that such access is directly related to

17  an investigation regarding the possible deprivation of

18  constitutional or human rights or the abuse of a client.

19  Original client files, records, and reports shall not be

20  removed from the Department of Children and Family Services,

21  or the Division of Mental Health or Division of Substance

22  Abuse of the Department of Health, or agency facilities.

23  Under no circumstance shall the committee have access to

24  confidential adoption records in accordance with the

25  provisions of ss. 39.0132, 63.022, and 63.162.  Upon

26  completion of a general investigation of practices and

27  procedures of the Department of Children and Family Services,

28  or the Division of Mental Health or Division of Substance

29  Abuse of the Department of Health, the committee shall report

30  its findings to that department or division.

31

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  1         (b)  All information obtained or produced by the

  2  committee which is made confidential by law, which relates to

  3  the identity of any client or group of clients subject to the

  4  protections of this section, or which relates to the identity

  5  of an individual who provides information to the committee

  6  about abuse or alleged violations of constitutional or human

  7  rights, is confidential and exempt from the provisions of s.

  8  119.07(1) and s. 24(a), Art. I of the State Constitution.

  9         (c)  Portions of meetings of the Statewide Human Rights

10  Advocacy Committee which relate to the identity of any client

11  or group of clients subject to the protections of this

12  section, which relate to the identity of an individual who

13  provides information to the committee about abuse or alleged

14  violations of constitutional or human rights, or wherein

15  testimony is provided relating to records otherwise made

16  confidential by law, are exempt from the provisions of s.

17  286.011 and s. 24(b), Art. I of the State Constitution.

18         (d)  All records prepared by members of the committee

19  which reflect a mental impression, investigative strategy, or

20  theory are exempt from the provisions of s. 119.07(1) and s.

21  24(a), Art. I of the State Constitution until the

22  investigation is completed or until the investigation ceases

23  to be active.  For purposes of this section, an investigation

24  is considered "active" while such investigation is being

25  conducted by the committee with a reasonable, good faith

26  belief that it may lead to a finding of abuse or of a

27  violation of human rights.  An investigation does not cease to

28  be active so long as the committee is proceeding with

29  reasonable dispatch and there is a good faith belief that

30  action may be initiated by the committee or other

31  administrative or law enforcement agency.

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  1         (e)  Any person who knowingly and willfully discloses

  2  any such confidential information is guilty of a misdemeanor

  3  of the second degree, punishable as provided in s. 775.082 or

  4  s. 775.083.

  5         Section 46.  Effective January 1, 2000, section

  6  402.166, Florida Statutes, 1998 Supplement, is amended to

  7  read:

  8         402.166  District human rights advocacy committees;

  9  confidential records and meetings.--

10         (1)  At least one district human rights advocacy

11  committee is created in each service district of the

12  Department of Children and Family Health and Rehabilitative

13  Services.  The district human rights advocacy committees shall

14  be subject to direction from and the supervision of the

15  Statewide Human Rights Advocacy Committee.  The district

16  administrator shall assign staff to provide administrative

17  support to the committees, and staff assigned to these

18  positions shall perform the functions required by the

19  committee without interference from the department.  The

20  district committees shall direct the activities of staff

21  assigned to them to the extent necessary for the committees to

22  carry out their duties.  The number and areas of

23  responsibility of the district human rights advocacy

24  committees, not to exceed three in any district, shall be

25  determined by the majority vote of district committee members.

26  However, district II may have four committees. District

27  committees shall meet at facilities under their jurisdiction

28  whenever possible.

29         (2)  Each district human rights advocacy committee

30  shall have no fewer than 7 members and no more than 15

31  members, 25 percent of whom are or have been clients of the

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  1  Department of Children and Family Health and Rehabilitative

  2  Services or the Division of Mental Health or Division of

  3  Substance Abuse of the Department of Health, within the last 4

  4  years, except that one member of this group may be an

  5  immediate relative or legal representative of a current or

  6  former client; one provider who delivers two providers, who

  7  deliver services or programs to clients of the Department of

  8  Children and Family Health and Rehabilitative Services; one

  9  provider who delivers services or programs to clients of the

10  Division of Mental Health or the Division of Substance Abuse

11  of the Department of Health; and two representatives of

12  professional organizations, one of whom represents

13  health-related professions and one of whom represents the

14  legal profession. Priority of consideration shall be given to

15  the appointment of at least one medical or osteopathic

16  physician, as defined in chapters 458 and 459, and one member

17  in good standing of The Florida Bar. Priority of consideration

18  shall also be given to the appointment of an individual whose

19  primary interest, experience, or expertise lies with a major

20  client group of the Department of Children and Family Health

21  and Rehabilitative Services, or the Division of Mental Health

22  or Division of Substance Abuse of the Department of Health,

23  not represented on the committee at the time of the

24  appointment.  In no case shall a person who is employed by the

25  Department of Children and Family Health and Rehabilitative

26  Services or the Department of Health be selected as a member

27  of a committee.  At no time shall individuals who are

28  providing contracted services to the Department of Children

29  and Family Health and Rehabilitative Services, or the Division

30  of Mental Health or Division of Substance Abuse of the

31  Department of Health, constitute more than 25 percent of the

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  1  membership of a district committee.  Persons related to each

  2  other by consanguinity or affinity within the third degree

  3  shall not serve on the same district human rights advocacy

  4  committee at the same time.  All members of district human

  5  rights advocacy committees must successfully complete a

  6  standardized training course for committee members within 3

  7  months after their appointment to a committee.  A member may

  8  not be assigned an investigation which requires access to

  9  confidential information prior to the completion of the

10  training course.  After he or she completes the required

11  training course, a member of a committee shall not be

12  prevented from participating in any activity of that

13  committee, including investigations and monitoring, except due

14  to a conflict of interest as described in the procedures

15  established by the Statewide Human Rights Advocacy Committee

16  pursuant to subsection (7).

17         (3)(a)  With respect to existing committees, each

18  member shall serve a term of 4 years.  Upon expiration of a

19  term and in the case of any other vacancy, the district

20  committee shall appoint a replacement by majority vote of the

21  committee, subject to the approval of the Governor.  A member

22  may serve no more than two consecutive terms.

23         (b)1.  The Governor shall appoint the first 4 members

24  of any newly created committee; and those 4 members shall

25  select the remaining 11 members, subject to approval of the

26  Governor.  If any of the first four members are not appointed

27  within 60 days of a request being submitted to the Governor,

28  those members shall be appointed by a majority vote of the

29  district committee without further action by the Governor.

30         2.  Members shall serve for no more than two

31  consecutive terms of 3 years, except that at the time of

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  1  initial appointment, terms shall be staggered so that the

  2  first six members appointed serve for terms of 2 years and the

  3  remaining five members serve for terms of 3 years.  Vacancies

  4  shall be filled as provided in subparagraph 1.

  5         (c)  If no action is taken by the Governor to approve

  6  or disapprove a replacement of a member pursuant to this

  7  paragraph within 30 days after the district committee has

  8  notified the Governor of the appointment, then the appointment

  9  of the replacement shall be considered approved.

10         (d)  The limitation on the number of terms a member may

11  serve applies without regard to whether a term was served

12  before or after October 1, 1989.

13         (4)  Each committee shall elect a chairperson for a

14  term of 1 year.  A person may not serve as chairperson for

15  more than two consecutive terms.  The chairperson's term

16  expires on the anniversary of the chairperson's election.

17         (5)  In the event that a committee member fails to

18  attend two-thirds of the regular committee meetings during the

19  course of a year, it shall be the responsibility of the

20  committee to replace such member.  If a district committee

21  member is in violation of the provisions of this subsection or

22  procedures adopted thereto, a district committee may recommend

23  to the Governor that such member be removed.

24         (6)  A member of a district committee shall receive no

25  compensation but shall receive per diem and shall be entitled

26  to be reimbursed for travel expenses as provided in s.

27  112.061.  Members may be provided reimbursement for

28  long-distance telephone calls if such calls were necessary to

29  an investigation of an abuse or deprivation of human rights.

30         (7)  A district human rights advocacy committee shall

31  first seek to resolve a complaint with the appropriate local

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  1  administration, agency, or program; any matter not resolved by

  2  the district committee shall be referred to the Statewide

  3  Human Rights Advocacy Committee.  A district human rights

  4  advocacy committee shall comply with appeal procedures

  5  established by the Statewide Human Rights Advocacy Committee.

  6  The duties, actions, and procedures of both new and existing

  7  district human rights advocacy committees shall conform to the

  8  provisions of this act.  The duties of each district human

  9  rights advocacy committee shall include, but are not limited

10  to:

11         (a)  Serving as an independent third-party mechanism

12  for protecting the constitutional and human rights of any

13  client within a program or facility operated, funded,

14  licensed, or regulated by the Department of Children and

15  Family Health and Rehabilitative Services or the Division of

16  Mental Health or Division of Substance Abuse of the Department

17  of Health.

18         (b)  Monitoring by site visit and inspection of

19  records, the delivery and use of services, programs or

20  facilities operated, funded, regulated or licensed by the

21  Department of Children and Family Health and Rehabilitative

22  Services or the Division of Mental Health or Division of

23  Substance Abuse of the Department of Health, for the purpose

24  of preventing abuse or deprivation of the constitutional and

25  human rights of clients.  A district human rights advocacy

26  committee may conduct an unannounced site visit or monitoring

27  visit that involves the inspection of records if such visit is

28  conditioned upon a complaint.  A complaint may be generated by

29  the committee itself if information from the Department of

30  Children and Family Health and Rehabilitative Services or the

31  Division of Mental Health or Division of Substance Abuse of

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  1  the Department of Health or other sources indicates a

  2  situation at the program or facility that indicates possible

  3  abuse or neglect of clients.  The district human rights

  4  advocacy committees shall follow uniform criteria established

  5  by the Statewide Human Rights Advocacy Committee for the

  6  review of information and generation of complaints.  Routine

  7  program monitoring and reviews that do not require an

  8  examination of records may be made unannounced.

  9         (c)  Receiving, investigating, and resolving reports of

10  abuse or deprivation of constitutional and human rights.

11         (d)  Reviewing and making recommendation with respect

12  to the involvement by clients of the Department of Children

13  and Family Health and Rehabilitative Services or the Division

14  of Mental Health or Division of Substance Abuse of the

15  Department of Health as subjects for research projects, prior

16  to implementation, insofar as their human rights are affected.

17         (e)  Reviewing existing programs or services and new or

18  revised programs of the Department of Children and Family

19  Health and Rehabilitative Services and the Division of Mental

20  Health and Division of Substance Abuse of the Department of

21  Health, and making recommendations as to how the rights of

22  clients are affected.

23         (f)  Appealing to the state committee any complaint

24  unresolved at the district level.  Any matter that constitutes

25  a threat to the life, safety, or health of a client or is

26  multidistrict in scope shall automatically be referred to the

27  Statewide Human Rights Advocacy Committee.

28         (g)  Submitting an annual report by September 30 to the

29  Statewide Human Rights Advocacy Committee concerning

30  activities, recommendations, and complaints reviewed or

31  developed by the committee during the year.

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  1         (h)  Conducting meetings at least six times a year at

  2  the call of the chairperson and at other times at the call of

  3  the Governor, at the call of the Statewide Human Rights

  4  Advocacy Committee, or by written request of a majority of the

  5  members of the committee.

  6         (8)(a)  In the performance of its duties, a district

  7  human rights advocacy committee shall have:

  8         1.  Access to all client records, files, and reports

  9  from any program, service, or facility that is operated,

10  funded, licensed, or regulated by the Department of Children

11  and Family Services, or the Division of Mental Health or

12  Division of Substance Abuse of the Department of Health, and

13  any records which are material to its investigation and which

14  are in the custody of any other agency or department of

15  government.  The committee's investigation or monitoring shall

16  not impede or obstruct matters under investigation by law

17  enforcement or judicial authorities. Access shall not be

18  granted if a specific procedure or prohibition for reviewing

19  records is required by federal law and regulation which

20  supersedes state law.  Access shall not be granted to the

21  records of a private licensed practitioner who is providing

22  services outside agencies and facilities and whose client is

23  competent and refuses disclosure.

24         2.  Standing to petition the circuit court for access

25  to client records which are confidential as specified by law.

26  The petition shall state the specific reasons for which the

27  committee is seeking access and the intended use of such

28  information.  The court may authorize committee access to such

29  records upon a finding that such access is directly related to

30  an investigation regarding the possible deprivation of

31  constitutional or human rights or the abuse of a client.

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  1  Original client files, records, and reports shall not be

  2  removed from Department of Children and Family Services, or

  3  the Division of Mental Health or Division of Substance Abuse

  4  of the Department of Health, or agency facilities.  Upon no

  5  circumstances shall the committee have access to confidential

  6  adoption records in accordance with the provisions of ss.

  7  39.0132, 63.022, and 63.162. Upon completion of a general

  8  investigation of practices and procedures of the Department of

  9  Children and Family Services, or the Division of Mental Health

10  or Division of Substance Abuse of the Department of Health,

11  the committee shall report its findings to that department or

12  division.

13         (b)  All information obtained or produced by the

14  committee which is made confidential by law, which relates to

15  the identity of any client or group of clients subject to the

16  protection of this section, or which relates to the identity

17  of an individual who provides information to the committee

18  about abuse or alleged violations of constitutional or human

19  rights, is confidential and exempt from the provisions of s.

20  119.07(1) and s. 24(a), Art. I of the State Constitution.

21         (c)  Portions of meetings of a district human rights

22  advocacy committee which relate to the identity of any client

23  or group of clients subject to the protections of this

24  section, which relate to the identity of an individual who

25  provides information to the committee about abuse or alleged

26  violations of constitutional or human rights, or wherein

27  testimony is provided relating to records otherwise made

28  confidential by law, are exempt from the provisions of s.

29  286.011 and s. 24(b), Art. I of the State Constitution.

30         (d)  All records prepared by members of the committee

31  which reflect a mental impression, investigative strategy, or

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  1  theory are exempt from the provisions of s. 119.07(1) and s.

  2  24(a), Art. I of the State Constitution until the

  3  investigation is completed or until the investigation ceases

  4  to be active.  For purposes of this section, an investigation

  5  is considered "active" while such investigation is being

  6  conducted by the committee with a reasonable, good faith

  7  belief that it may lead to a finding of abuse or of a

  8  violation of human rights.  An investigation does not cease to

  9  be active so long as the committee is proceeding with

10  reasonable dispatch and there is a good faith belief that

11  action may be initiated by the committee or other

12  administrative or law enforcement agency.

13         (e)  Any person who knowingly and willfully discloses

14  any such confidential information is guilty of a misdemeanor

15  of the second degree, punishable as provided in s. 775.082 or

16  s. 775.083.

17         Section 47.  Effective January 1, 2000, section

18  402.167, Florida Statutes, is amended to read:

19         402.167  Department Duties relating to the Statewide

20  Human Rights Advocacy Committee and the district human rights

21  advocacy committees.--

22         (1)  The Department of Children and Family Health and

23  Rehabilitative Services and the Division of Mental Health and

24  Division of Substance Abuse of the Department of Health shall

25  adopt rules which are consistent with law, amended to reflect

26  any statutory changes, which rules address at least the

27  following:

28         (a)  Procedures by which Department of Children and

29  Family Health and Rehabilitative Services and the Division of

30  Mental Health and Division of Substance Abuse of the

31

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  1  Department of Health district staff refer reports of abuse to

  2  district human rights advocacy committees.

  3         (b)  Procedures by which client information is made

  4  available to members of the Statewide Human Rights Advocacy

  5  Committee and the district human rights advocacy committees.

  6         (c)  Procedures by which recommendations made by human

  7  rights advocacy committees will be incorporated into

  8  Department of Children and Family Health and Rehabilitative

  9  Services and the Division of Mental Health and Division of

10  Substance Abuse of the Department of Health policies and

11  procedures.

12         (d)  Procedures by which committee members are

13  reimbursed for authorized expenditures.

14         (2)  The Department of Children and Family Health and

15  Rehabilitative Services shall provide for the location of

16  district human rights advocacy committees in district

17  headquarters offices and shall provide necessary equipment and

18  office supplies, including, but not limited to, clerical and

19  word processing services, photocopiers, telephone services,

20  and stationery and other necessary supplies.

21         (3)  The secretary and the Secretary of Health shall

22  ensure the full cooperation and assistance of employees of the

23  Department of Children and Family Health and Rehabilitative

24  Services and the Division of Mental Health and Division of

25  Substance Abuse of the Department of Health with members and

26  staff of the human rights advocacy committees. Further, the

27  secretary shall ensure that to the extent possible, staff

28  assigned to the Statewide Human Rights Advocacy Committees and

29  district human rights advocacy committees are free of

30  interference from or control by the department in performing

31  their duties relative to those committees.

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  1         Section 48.  Effective January 1, 2000, subsections (3)

  2  and (6) of section 402.175, Florida Statutes, 1998 Supplement,

  3  are amended to read:

  4         402.175  Legislative intent; developmentally disabled

  5  and mentally ill persons' umbrella trust fund.--

  6         (3)  The department, in consultation with the

  7  Department of Health, shall cause to be established an

  8  umbrella trust fund for the benefit of developmentally

  9  disabled and mentally ill persons in this state. Such trust

10  shall be funded by:

11         (a)  State appropriations.

12         (b)  Grants and donations.

13         (c)  The remainder interest left to the umbrella trust

14  by the individual trusts as provided by paragraph (4)(b).

15         (6)  The department, in consultation with the

16  Department of Health, shall by rule:

17         (a)  Establish specific expenditure categories within

18  which the trustee may make disbursements.

19         1.  Such categories shall be based on the most common

20  and reasonable unmet needs of developmentally disabled or

21  mentally ill persons.

22         2.  With respect to the developmentally disabled or

23  mentally ill person's using the money available from the main

24  umbrella trust, a different category of expenditures may be

25  utilized, dependent upon the resources of the main umbrella

26  trust so that the principal of the main umbrella trust is not

27  substantially diminished.

28         (b)  Establish which types of property will qualify for

29  contribution to the umbrella trust fund.

30         (c)  Develop a model individual trust agreement by

31  which the family of a developmentally disabled or mentally ill

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  1  person can contribute assets for entrance into the umbrella

  2  trust fund in order to minimize any possibility of conflicts

  3  between the main umbrella trust and the individual trust.

  4         (d)  Establish additional rules pertaining to the

  5  administration of expenditures from the individual trust and

  6  the establishment of fees for administering the umbrella trust

  7  fund.

  8         Section 49.  Effective January 1, 2000, section 402.20,

  9  Florida Statutes, is amended to read:

10         402.20  County contracts authorized for services and

11  facilities in mental health and retardation areas.--The boards

12  of county commissioners are authorized to provide monetary

13  grants and facilities, and to enter into renewable contracts,

14  for services and facilities, for a period not to exceed 2

15  years, with public and private hospitals, clinics, and

16  laboratories; other state agencies, departments, or divisions;

17  the state colleges and universities; the community colleges;

18  private colleges and universities; counties; municipalities;

19  towns; townships; and any other governmental unit or nonprofit

20  organization which provides needed facilities for the mentally

21  ill or retarded.  These services are hereby declared to be for

22  a public and county purpose.  The county commissioners may

23  make periodic inspections to assure that the services or

24  facilities provided under this chapter meet the standards of

25  the Department of Health or the Department of Children and

26  Family and Rehabilitative Services, as appropriate.

27         Section 50.  Effective January 1, 2000, section 402.22,

28  Florida Statutes, 1998 Supplement, is amended to read:

29         402.22  Education program for students who reside in

30  residential care facilities operated by the Department of

31  Health or the Department of Children and Family Services.--

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  1         (1)(a)  The Legislature recognizes that the Department

  2  of Health and the Department of Children and Family Services

  3  have under their respective has under its residential care

  4  students with critical problems of physical impairment,

  5  emotional disturbance, mental impairment, and learning

  6  impairment.

  7         (b)  The Legislature recognizes the vital role of

  8  education in the rehabilitation of such students.  It is the

  9  intent of the Legislature that all such students benefit from

10  educational services and receive such services.

11         (c)  It is the intent of the Legislature that

12  educational services be coordinated with appropriate and

13  existing diagnostic and evaluative, social, followup, and

14  other therapeutic services of the Department of Health and the

15  Department of Children and Family Services so that the effect

16  of the total rehabilitation process is maximized.

17         (d)  It is the intent of the Legislature that, as

18  educational programs for students in residential care

19  facilities are implemented by the district school board,

20  educational personnel in the Department of Health and the

21  Department of Children and Family Services residential care

22  facilities who meet the qualifications for employees of the

23  district school board be employed by the district school

24  board.

25         (2)  District school boards shall establish educational

26  programs for all students ages 5 through 18 under the

27  residential care of the Department of Health or the Department

28  of Children and Family Services and may provide for students

29  below age 3 as provided for in s. 232.01(1)(e). Funding of

30  such programs shall be pursuant to s. 236.081.

31

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  1         (3)  Notwithstanding any provisions of chapters 39,

  2  393, 394, and 397 to the contrary, the services of the

  3  Department of Health and the Department of Children and Family

  4  Services and those of the Department of Education and district

  5  school boards shall be mutually supportive and complementary

  6  of each other. The education programs provided by the district

  7  school board shall meet the standards prescribed by the State

  8  Board of Education and the district school board. Decisions

  9  regarding the design and delivery of Department of Health and

10  the Department of Children and Family Services treatment or

11  habilitative services shall be made by interdisciplinary teams

12  of professional and paraprofessional staff of which

13  appropriate district school system administrative and

14  instructional personnel shall be invited to be participating

15  members.  The requirements for maintenance of confidentiality

16  as prescribed in chapters 39, 393, 394, and 397 shall be

17  applied to information used by such interdisciplinary teams,

18  and such information shall be exempt from the provisions of

19  ss. 119.07(1) and 286.011.

20         (4)  Students age 18 and under who are under the

21  residential care of the Department of Health or the Department

22  of Children and Family Services and who receive an education

23  program shall be calculated as full-time equivalent student

24  membership in the appropriate cost factor as provided for in

25  s. 236.081(1)(c). Residential care facilities of the

26  Department of Health and the Department of Children and Family

27  Services shall include, but not be limited to, developmental

28  services institutions and state mental health facilities.  All

29  students shall receive their education program from the

30  district school system, and funding shall be allocated through

31

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  1  the Florida Education Finance Program for the district school

  2  system.

  3         (5)  Instructional and special educational services

  4  which are provided to mental health and retardation clients in

  5  the Department of Children and Family Services residential

  6  care facilities of the Department of Health or the Department

  7  of Children and Family Services by local school districts

  8  shall not be less than 180 days or 900 hours; however, the 900

  9  hours may be distributed over a 12-month period, unless

10  otherwise stated in rules developed by the State Board of

11  Education with the concurrence of the Department of Health and

12  the Department of Children and Family Services promulgated

13  pursuant to subsection (6).

14         (6)  The State Board of Education and the Department of

15  Health and the Department of Children and Family Services

16  shall have the authority to promulgate rules which shall

17  assist in the orderly transfer of the instruction of students

18  from Department of Children and Family Services residential

19  care facilities of the Department of Health or the Department

20  of Children and Family Services to the district school system

21  or to the public education agency and which shall assist in

22  implementing the specific intent as stated in this act.

23         (7)  Notwithstanding the provisions of s. 230.23(4)(n),

24  the educational program at the Marianna Sunland Center in

25  Jackson County shall be operated by the Department of

26  Education, either directly or through grants or contractual

27  agreements with other public educational agencies.  The annual

28  state allocation to any such agency shall be computed pursuant

29  to s. 236.081(1), (2), and (5) and allocated in the amount

30  that would have been provided the local school district in

31  which the residential facility is located.

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  1         Section 51.  Effective January 1, 2000, paragraphs (b)

  2  and (c) of subsection (1) of section 402.33, Florida Statutes,

  3  are amended to read:

  4         402.33  Department authority to charge fees for

  5  services provided.--

  6         (1)  As used in this section, the term:

  7         (b)  "Client" means any natural person receiving

  8  services provided by the department, or the Division of Mental

  9  Health or Division of Substance Abuse of the Department of

10  Health, including supervision, care, and maintenance, but not

11  as a licensee subject to regulation by either the department

12  for purposes of licensure.

13         (c)  "Department" means the Department of Children and

14  Family Health and Rehabilitative Services or the Division of

15  Mental Health or Division of Substance Abuse of the Department

16  of Health.

17         Section 52.  Effective January 1, 2000, subsection (13)

18  of section 408.701, Florida Statutes, 1998 Supplement, is

19  amended to read:

20         408.701  Community health purchasing; definitions.--As

21  used in ss. 408.70-408.706, the term:

22         (13)  "Health care provider" or "provider" means a

23  state-licensed or state-authorized facility, a facility

24  principally supported by a local government or by funds from a

25  charitable organization that holds a current exemption from

26  federal income tax under s. 501(c)(3) of the Internal Revenue

27  Code, a licensed practitioner, a county health department

28  established under part I of chapter 154, a prescribed

29  pediatric extended care center defined in s. 400.902, a

30  federally supported primary care program such as a migrant

31  health center or a community health center authorized under s.

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  1  329 or s. 330 of the United States Public Health Services Act

  2  that delivers health care services to individuals, or a

  3  community facility that receives funds from the state under

  4  the Community Substance Alcohol, Drug Abuse, and Mental Health

  5  Services Act and provides mental health services to

  6  individuals.

  7         Section 53.  Effective January 1, 2000, subsection (8)

  8  of section 409.906, Florida Statutes, 1998 Supplement, is

  9  amended to read:

10         409.906  Optional Medicaid services.--Subject to

11  specific appropriations, the agency may make payments for

12  services which are optional to the state under Title XIX of

13  the Social Security Act and are furnished by Medicaid

14  providers to recipients who are determined to be eligible on

15  the dates on which the services were provided.  Any optional

16  service that is provided shall be provided only when medically

17  necessary and in accordance with state and federal law.

18  Nothing in this section shall be construed to prevent or limit

19  the agency from adjusting fees, reimbursement rates, lengths

20  of stay, number of visits, or number of services, or making

21  any other adjustments necessary to comply with the

22  availability of moneys and any limitations or directions

23  provided for in the General Appropriations Act or chapter 216.

24  Optional services may include:

25         (8)  COMMUNITY MENTAL HEALTH SERVICES.--The agency may

26  pay for rehabilitative services provided to a recipient by a

27  mental health or substance abuse provider licensed by the

28  agency and under contract with the agency or the Department of

29  Health Children and Family Services to provide such services.

30  Those services which are psychiatric in nature shall be

31  rendered or recommended by a psychiatrist, and those services

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  1  which are medical in nature shall be rendered or recommended

  2  by a physician or psychiatrist. The agency must develop a

  3  provider enrollment process for community mental health

  4  providers which bases provider enrollment on an assessment of

  5  service need. The provider enrollment process shall be

  6  designed to control costs, prevent fraud and abuse, consider

  7  provider expertise and capacity, and assess provider success

  8  in managing utilization of care and measuring treatment

  9  outcomes. Providers will be selected through a competitive

10  procurement or selective contracting process. In addition to

11  other community mental health providers, the agency shall

12  consider for enrollment mental health programs licensed under

13  chapter 395 and group practices licensed under chapter 458,

14  chapter 459, chapter 490, or chapter 491. The agency is also

15  authorized to continue operation of its behavioral health

16  utilization management program and may develop new services if

17  these actions are necessary to ensure savings from the

18  implementation of the utilization management system. The

19  agency shall coordinate the implementation of this enrollment

20  process with the Department of Health Children and Family

21  Services and the Department of Juvenile Justice. The agency is

22  authorized to utilize diagnostic criteria in setting

23  reimbursement rates, to preauthorize certain high-cost or

24  highly utilized services, to limit or eliminate coverage for

25  certain services, or to make any other adjustments necessary

26  to comply with any limitations or directions provided for in

27  the General Appropriations Act.

28         Section 54.  Effective January 1, 2000, subsection (2)

29  of section 411.222, Florida Statutes, is amended to read:

30         411.222  Intraagency and interagency coordination;

31  creation of offices; responsibilities; memorandum of

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  1  agreement; creation of coordinating council;

  2  responsibilities.--

  3         (2)  DEPARTMENT OF CHILDREN AND FAMILY HEALTH AND

  4  REHABILITATIVE SERVICES.--There is created within the

  5  Department of Children and Family Health and Rehabilitative

  6  Services an Office of Prevention, Early Assistance, and Child

  7  Development for the purpose of intraagency and interagency

  8  planning, policy, and program development and coordination to

  9  enhance existing programs and services and to develop new

10  programs and services for high-risk pregnant women and for

11  high-risk preschool children and their families.

12         (a)  Intraagency responsibilities.--

13         1.  Assure planning, policy, and program coordination

14  in programs serving high-risk pregnant women and high-risk

15  preschool children and their families, within the following

16  offices of the Department of Children and Family Health and

17  Rehabilitative Services:

18         a.  Alcohol, Drug Abuse, and Mental Health.

19         b.  Children's Medical Services.

20         a.c.  Children, Youth, and Families.

21         b.d.  Developmental Services.

22         c.e.  Economic Self-Sufficiency Services.

23         f.  Health.

24         g.  Medicaid.

25         2.  Assure planning, policy, and program coordination

26  in the following interprogram areas:

27         a.  Transportation.

28         b.  Migrant and refugee services.

29         c.  Volunteer services.

30         d.  Child abuse and neglect prevention, early

31  intervention, and treatment.

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  1         e.  Chapter I of Pub. L. No. 97-35.

  2         3.  Ensure, within available resources, the

  3  implementation of the continuum of comprehensive services in

  4  the service districts.

  5         4.  Serve as clearinghouse for the collection and

  6  dissemination of information relating to programs and services

  7  for high-risk pregnant women and for high-risk preschool

  8  children and their families, and programs aimed at preventing

  9  sexual activity and teenage pregnancy, including model and

10  exemplary programs that have demonstrated effectiveness and

11  beneficial outcomes.

12         5.  Develop publications, including, but not limited

13  to, directories, newsletters, public awareness documents, and

14  other resource materials which assist agencies, programs, and

15  families in meeting the needs of the high-risk population.

16         6.  Provide technical assistance at the request of

17  program offices, service districts, providers, advisory

18  councils, and advocacy groups, and other agencies or entities

19  with which the Department of Children and Family Health and

20  Rehabilitative Services has contracts or cooperative

21  agreements.

22         7.  Disseminate information regarding the availability

23  of federal, state, and private grants which target teenagers

24  at risk of pregnancy, high-risk pregnant women, and high-risk

25  preschool children and their families.

26         8.  Perform duties relating to the joint strategic plan

27  as specified in s. 411.221.

28         (b)  Interagency responsibilities.--

29         1.  Assure planning, policy, and program coordination

30  with the following existing programs and services provided

31

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  1  through the Department of Health or the Agency for Health Care

  2  Administration:

  3         a.  Mental Health.

  4         b.  Children's Medical Services.

  5         c.  Substance Abuse.

  6         d.  Health.

  7         e.  Medicaid.

  8         2.1.  Perform the joint functions related to the joint

  9  strategic plan as specified in s. 411.221.

10         3.2.  Prepare jointly with the Department of Education

11  a memorandum of agreement pursuant to this section, or other

12  cooperative agreements necessary to implement the requirements

13  of this chapter.

14         4.3.  Develop, in collaboration with the Department of

15  Education, rules necessary to implement this chapter.

16         5.4.  Perform the responsibilities enumerated in

17  subparagraphs (a)4.-7. on a statewide basis in conjunction

18  with the Office of Prevention, Early Assistance, and Child

19  Development within the Department of Education.

20         6.5.  Subject to appropriation, develop and implement a

21  program of parenting workshops to assist and counsel the

22  parents or guardians of students having disciplinary problems.

23  These workshops should be made available to all families of

24  students who have disciplinary problems. The department may

25  provide these services directly or may enter into contracts

26  with school districts for the provision of these services.

27         Section 55.  Effective January 1, 2000, section

28  411.224, Florida Statutes, is amended to read:

29         411.224  Family support planning process.--The

30  Legislature establishes a family support planning process to

31  be used by the Department of Children and Family Health and

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  1  Rehabilitative Services as the service planning process for

  2  targeted individuals, children, and families under its

  3  purview.

  4         (1)  The Department of Health and the Department of

  5  Education shall take all appropriate and necessary steps to

  6  encourage and facilitate the implementation of the family

  7  support planning process for individuals, children, and

  8  families within their its purview.

  9         (2)  To the extent possible within existing resources,

10  the following populations must be included in the family

11  support planning process:

12         (a)  Children from birth to age 5 who are served by the

13  clinic and programs of the Division of Children's Medical

14  Services Program Office of the Department of Health and

15  Rehabilitative Services.

16         (b)  Children participating in the developmental

17  evaluation and intervention program of the Division of

18  Children's Medical Services Program Office of the Department

19  of Health and Rehabilitative Services.

20         (c)  Children from birth through age 5 who are served

21  by the Developmental Services Program Office of the Department

22  of Children and Family Health and Rehabilitative Services.

23         (d)  Children from birth through age 5 who are served

24  by the Division of Mental Health or the Division of Substance

25  Abuse Alcohol, Drug Abuse, and Mental Health Program Office of

26  the Department of Health and Rehabilitative Services.

27         (e)  Participants who are served by the Children's

28  Early Investment Program established in s. 411.232.

29         (f)  Healthy Start participants in need of ongoing

30  service coordination.

31

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  1         (g)  Children from birth through age 5 who are served

  2  by the voluntary family services, protective supervision,

  3  foster care, or adoption and related services programs of the

  4  Children and Families Family Services Program Office of the

  5  Department of Children and Family Health and Rehabilitative

  6  Services, and who are eligible for ongoing services from one

  7  or more other programs or agencies that participate in family

  8  support planning; however, children served by the voluntary

  9  family services program, where the planned length of

10  intervention is 30 days or less, are excluded from this

11  population.

12         (3)  When individuals included in the target population

13  are served by Head Start, local education agencies, or other

14  prevention and early intervention programs, providers must be

15  notified and efforts made to facilitate the concerned agency's

16  participation in family support planning.

17         (4)  Local education agencies are encouraged to use a

18  family support planning process for children from birth

19  through 5 years of age who are served by the prekindergarten

20  program for children with disabilities, in lieu of the

21  Individual Education Plan.

22         (5)  There must be only a single-family support plan to

23  address the problems of the various family members unless the

24  family requests that an individual family support plan be

25  developed for different members of that family.  The family

26  support plan must replace individual habilitation plans for

27  children from birth through 5 years old who are served by the

28  Developmental Services Program Office of the Department of

29  Children and Family Health and Rehabilitative Services.  To

30  the extent possible, the family support plan must replace

31

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  1  other case-planning forms used by the Department of Children

  2  and Family Health and Rehabilitative Services.

  3         (6)  The family support plan at a minimum must include

  4  the following information:

  5         (a)  The family's statement of family concerns,

  6  priorities, and resources.

  7         (b)  Information related to the health, educational,

  8  economic and social needs, and overall development of the

  9  individual and the family.

10         (c)  The outcomes that the plan is intended to achieve.

11         (d)  Identification of the resources and services to

12  achieve each outcome projected in the plan.  These resources

13  and services are to be provided based on availability and

14  funding.

15         (7)  A family support plan meeting must be held with

16  the family to initially develop the family support plan and

17  annually thereafter to update the plan as necessary.  The

18  family includes anyone who has an integral role in the life of

19  the individual or child as identified by the individual or

20  family. The family support plan must be reviewed periodically

21  during the year, at least at 6-month intervals, to modify and

22  update the plan as needed.  Such periodic reviews do not

23  require a family support plan team meeting but may be

24  accomplished through other means such as a case file review

25  and telephone conference with the family.

26         (8)  The initial family support plan must be developed

27  within a 90-day period.  If exceptional circumstances make it

28  impossible to complete the evaluation activities and to hold

29  the initial family support plan team meeting within a

30  reasonable time period, these circumstances must be

31  documented, and the individual or family must be notified of

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  1  the reason for the delay.  With the agreement of the family

  2  and the provider, services for which either the individual or

  3  the family is eligible may be initiated before the completion

  4  of the evaluation activities and the family support plan.

  5         (9)  The Department of Children and Family Health and

  6  Rehabilitative Services, the Department of Health, and the

  7  Department of Education, to the extent that funds are

  8  available, must offer technical assistance to communities to

  9  facilitate the implementation of the family support plan.

10         (10)  The Department of Children and Family Health and

11  Rehabilitative Services must implement the family support

12  planning process for all individuals, children, and their

13  families in the target population no later than September 30,

14  1995.

15         (11)  The Department of Children and Family Health and

16  Rehabilitative Services, the Department of Health, and the

17  Department of Education shall adopt rules necessary to

18  implement this act.

19         Section 56.  Effective January 1, 2000, subsections

20  (1), (2), and (4), and paragraph (a) of subsection (5) of

21  section 414.70, Florida Statutes, 1998 Supplement, are amended

22  to read:

23         414.70  Drug-testing and drug-screening program;

24  procedures.--

25         (1)  DEMONSTRATION PROJECT.--The Department of Health

26  Children and Family Services, in consultation with local WAGES

27  coalitions 3 and 8, shall develop and, as soon as possible

28  after January 1, 1999, implement a demonstration project in

29  WAGES regions 3 and 8 to screen each applicant and test

30  applicants for temporary cash assistance provided under this

31  chapter, and test applicants who the department has reasonable

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  1  cause to believe, based on the screening, engage in illegal

  2  use of controlled substances. Unless reauthorized by the

  3  Legislature, this demonstration project expires June 30, 2001.

  4  As used in this act, the term "applicant" means an individual

  5  who first applies for assistance or services under the WAGES

  6  Program. Screening and testing for the illegal use of

  7  controlled substances is not required if the individual

  8  reapplies during any continuous period in which the individual

  9  receives assistance or services. However, an individual may

10  volunteer for drug testing and treatment if funding is

11  available.

12         (2)  PROCEDURES.--Under the demonstration project, the

13  Department of Health Children and Family Services shall:

14         (a)  Provide notice of drug screening and the potential

15  for possible drug testing to each applicant at the time of

16  application. The notice must advise the applicant that drug

17  screening and possibly drug testing will be conducted as a

18  condition for receiving temporary assistance or services under

19  this chapter, and shall specify the assistance or services

20  that are subject to this requirement. The notice must also

21  advise the applicant that a prospective employer may require

22  the applicant to submit to a preemployment drug test. The

23  applicant shall be advised that the required drug screening

24  and possible drug testing may be avoided if the applicant does

25  not apply for or receive assistance or services. The

26  drug-screening and drug-testing program is not applicable in

27  child-only cases.

28         (b)  Develop a procedure for drug screening and

29  conducting drug testing of applicants for temporary assistance

30  or services under the WAGES Program.

31

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  1         (c)  Provide a procedure to advise each person to be

  2  tested, before the test is conducted, that he or she may, but

  3  is not required to, advise the agent administering the test of

  4  any prescription or over-the-counter medication he or she is

  5  taking.

  6         (d)  Require each person to be tested to sign a written

  7  acknowledgment that he or she has received and understood the

  8  notice and advice provided under paragraphs (a) and (c).

  9         (e)  Provide a procedure to assure each person being

10  tested a reasonable degree of dignity while producing and

11  submitting a sample for drug testing, consistent with the

12  state's need to ensure the reliability of the sample.

13         (f)  Specify circumstances under which a person who

14  fails a drug test has the right to take one or more additional

15  tests.

16         (g)  Provide a procedure for appealing the results of a

17  drug test by a person who fails a test and for advising the

18  appellant that he or she may, but is not required to, advise

19  appropriate staff of any prescription or over-the-counter

20  medication he or she has been taking.

21         (h)  Notify each person who fails a drug test of the

22  local substance abuse treatment programs that may be available

23  to such person.

24         (4)  TREATMENT.--

25         (a)  Subject to the availability of funding, the

26  Department of Health Children and Family Services shall

27  provide a substance abuse treatment program for a person who

28  fails a drug test conducted under this act and is eligible to

29  receive temporary assistance or services under the WAGES

30  Program. The department shall provide for a retest at the end

31  of the treatment period. Failure to pass the retest will

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  1  result in the termination of temporary assistance or services

  2  provided under this chapter and of any right to appeal the

  3  termination.

  4         (b)  The Department of Health Children and Family

  5  Services shall develop rules regarding the disclosure of

  6  information concerning applicants who enter treatment,

  7  including the requirement that applicants sign a consent to

  8  release information to the Department of Health Children and

  9  Family Services or the Department of Labor and Employment

10  Security, as necessary, as a condition of entering the

11  treatment program.

12         (c)  The Department of Health Children and Family

13  Services may develop rules for assessing the status of persons

14  formerly treated under this act who reapply for assistance or

15  services under the WAGES act as well as the need for drug

16  testing as a part of the reapplication process.

17         (5)  EVALUATIONS AND RECOMMENDATIONS.--

18         (a)  The Department of Health Children and Family

19  Services, in conjunction with the local WAGES coalitions in

20  service areas 3 and 8, shall conduct a comprehensive

21  evaluation of the demonstration projects operated under this

22  act. By January 1, 2000, the department, in conjunction with

23  the local WAGES coalitions involved, shall report to the WAGES

24  Program State Board of Directors and to the Legislature on the

25  status of the initial implementation of the demonstration

26  projects and shall specifically describe the problems

27  encountered and the funds expended during the first year of

28  operation.

29         Section 57.  Effective January 1, 2000, paragraph (b)

30  of subsection (1) of section 458.3165, Florida Statutes, is

31  amended to read:

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  1         458.3165  Public psychiatry certificate.--The board

  2  shall issue a public psychiatry certificate to an individual

  3  who remits an application fee not to exceed $300, as set by

  4  the board, who is a board-certified psychiatrist, who is

  5  licensed to practice medicine without restriction in another

  6  state, and who meets the requirements in s. 458.311(1)(a)-(g)

  7  and (5).

  8         (1)  Such certificate shall:

  9         (b)  Be issued and renewable biennially if the

10  Secretary of Health the Department of Health and

11  Rehabilitative Services and the chair of the department of

12  psychiatry at one of the public medical schools or the chair

13  of the department of psychiatry at the accredited medical

14  school at the University of Miami recommend in writing that

15  the certificate be issued or renewed.

16         Section 58.  Effective January 1, 2000, paragraph (b)

17  of subsection (1) of section 561.121, Florida Statutes, as

18  amended by chapter 97-213, Laws of Florida, is amended to

19  read:

20         561.121  Deposit of revenue.--

21         (1)  All state funds collected pursuant to ss. 563.05,

22  564.06, and 565.12 shall be paid into the State Treasury and

23  disbursed in the following manner:

24         (b)  Ten million dollars annually shall be transferred

25  to the Children and Adolescents Substance Abuse Trust Fund,

26  which shall remain with the Department of Health Children and

27  Family Services for the purpose of funding programs directed

28  at reducing and eliminating substance abuse problems among

29  children and adolescents.

30         Section 59.  Effective January 1, 2000, subsection (5)

31  of section 561.19, Florida Statutes, is amended to read:

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  1         561.19  License issuance upon approval of division.--

  2         (5)  A fee of $10,750 shall be collected from each

  3  person, firm, or corporation that is issued a new liquor

  4  license subject to the limitation imposed in s. 561.20(1) as

  5  provided in this section. This initial license fee shall not

  6  be imposed on any license renewal and shall be in addition to

  7  the license fees imposed by s. 565.02.  The revenues collected

  8  from the initial license fee imposed by this subsection shall

  9  be deposited in the Department of Health and Rehabilitative

10  Services' Operations and Maintenance Trust Fund of the

11  Department of Health to be used only for substance alcohol and

12  drug abuse education, treatment, and prevention programs.

13         Section 60.  Effective January 1, 2000, section 775.16,

14  Florida Statutes, is amended to read:

15         775.16  Drug offenses; additional penalties.--In

16  addition to any other penalty provided by law, a person who

17  has been convicted of sale of or trafficking in, or conspiracy

18  to sell or traffic in, a controlled substance under chapter

19  893, if such offense is a felony, or who has been convicted of

20  an offense under the laws of any state or country which, if

21  committed in this state, would constitute the felony of

22  selling or trafficking in, or conspiracy to sell or traffic

23  in, a controlled substance under chapter 893, is:

24         (1)  Disqualified from applying for employment by any

25  agency of the state, unless:

26         (a)  The person has completed all sentences of

27  imprisonment or supervisory sanctions imposed by the court, by

28  the Parole Commission, or by law; or

29         (b)  The person has complied with the conditions of

30  subparagraphs 1. and 2. which shall be monitored by the

31

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  1  Department of Corrections while the person is under any

  2  supervisory sanctions. The person under supervision may:

  3         1.  Seek evaluation and enrollment in, and once

  4  enrolled maintain enrollment in until completion, a drug

  5  treatment and rehabilitation program which is approved by the

  6  Department of Health and Rehabilitative Services, unless it is

  7  deemed by the program that the person does not have a

  8  substance abuse problem. The treatment and rehabilitation

  9  program may be specified by:

10         a.  The court, in the case of court-ordered supervisory

11  sanctions;

12         b.  The Parole Commission, in the case of parole,

13  control release, or conditional release; or

14         c.  The Department of Corrections, in the case of

15  imprisonment or any other supervision required by law.

16         2.  Submit to periodic urine drug testing pursuant to

17  procedures prescribed by the Department of Corrections.  If

18  the person is indigent, the costs shall be paid by the

19  Department of Corrections.

20         (2)  Disqualified from applying for a license, permit,

21  or certificate required by any agency of the state to

22  practice, pursue, or engage in any occupation, trade,

23  vocation, profession, or business, unless:

24         (a)  The person has completed all sentences of

25  imprisonment or supervisory sanctions imposed by the court, by

26  the Parole Commission, or by law;

27         (b)  The person has complied with the conditions of

28  subparagraphs 1. and 2. which shall be monitored by the

29  Department of Corrections while the person is under any

30  supervisory sanction. If the person fails to comply with

31  provisions of these subparagraphs by either failing to

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  1  maintain treatment or by testing positive for drug use, the

  2  department shall notify the licensing, permitting, or

  3  certifying agency, which may refuse to reissue or reinstate

  4  such license, permit, or certification.  The licensee,

  5  permittee, or certificateholder under supervision may:

  6         1.  Seek evaluation and enrollment in, and once

  7  enrolled maintain enrollment in until completion, a drug

  8  treatment and rehabilitation program which is approved or

  9  regulated by the Department of Health and Rehabilitative

10  Services, unless it is deemed by the program that the person

11  does not have a substance abuse problem.  The treatment and

12  rehabilitation program may be specified by:

13         a.  The court, in the case of court-ordered supervisory

14  sanctions;

15         b.  The Parole Commission, in the case of parole,

16  control release, or conditional release; or

17         c.  The Department of Corrections, in the case of

18  imprisonment or any other supervision required by law.

19         2.  Submit to periodic urine drug testing pursuant to

20  procedures prescribed by the Department of Corrections.  If

21  the person is indigent, the costs shall be paid by the

22  Department of Corrections; or

23         (c)  The person has successfully completed an

24  appropriate program under the Correctional Education Program.

25

26  The provisions of this section do not apply to any of the

27  taxes, fees, or permits regulated, controlled, or administered

28  by the Department of Revenue in accordance with the provisions

29  of s. 213.05.

30

31

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  1         Section 61.  Effective January 1, 2000, paragraph (a)

  2  of subsection (2) of section 817.505, Florida Statutes, 1998

  3  Supplement, is amended to read:

  4         817.505  Patient brokering prohibited; exceptions;

  5  penalties.--

  6         (2)  For the purposes of this section, the term:

  7         (a)  "Health care provider or health care facility"

  8  means any person or entity licensed, certified, or registered

  9  with the Agency for Health Care Administration; any person or

10  entity that has contracted with the Agency for Health Care

11  Administration to provide goods or services to Medicaid

12  recipients as provided under s. 409.907; a county health

13  department established under part I of chapter 154; any

14  community service provider contracting with the Department of

15  Health and Rehabilitative Services to furnish substance

16  alcohol, drug abuse, or mental health services under part IV

17  of chapter 394; any substance abuse service provider licensed

18  under chapter 397; or any federally supported primary care

19  program such as a migrant or community health center

20  authorized under ss. 329 and 330 of the United States Public

21  Health Services Act.

22         Section 62.  Effective January 1, 2000, subsection (4)

23  of section 877.111, Florida Statutes, is amended to read:

24         877.111  Inhalation, ingestion, possession, sale,

25  purchase, or transfer of harmful chemical substances;

26  penalties.--

27         (4)  Any person who violates any of the provisions of

28  this section may, in the discretion of the trial judge, be

29  required to participate in a substance abuse services program

30  approved or regulated by the Department of Health and

31  Rehabilitative Services pursuant to the provisions of chapter

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  1  397, provided the director of the program approves the

  2  placement of the defendant in the program.  Such required

  3  participation may be imposed in addition to, or in lieu of,

  4  any penalty or probation otherwise prescribed by law. However,

  5  the total time of such penalty, probation, and program

  6  participation shall not exceed the maximum length of sentence

  7  possible for the offense.

  8         Section 63.  Effective January 1, 2000, present

  9  subsections (6), (7), and (8) of section 893.02, Florida

10  Statutes, 1998 Supplement, are renumbered as subsections (7),

11  (8), and (9), respectively, and present subsection (9) is

12  renumbered as subsection (6) and amended to read:

13         893.02  Definitions.--The following words and phrases

14  as used in this chapter shall have the following meanings,

15  unless the context otherwise requires:

16         (6)(9)  "Department" means the Department of Health and

17  Rehabilitative Services.

18         Section 64.  Effective January 1, 2000, paragraph (a)

19  of subsection (1) of section 893.11, Florida Statutes, is

20  amended to read:

21         893.11  Suspension, revocation, and reinstatement of

22  business and professional licenses.--Upon the conviction in

23  any court of competent jurisdiction of any person holding a

24  license, permit, or certificate issued by a state agency, for

25  sale of, or trafficking in, a controlled substance or for

26  conspiracy to sell, or traffic in, a controlled substance, if

27  such offense is a felony, the clerk of said court shall send a

28  certified copy of the judgment of conviction with the person's

29  license number, permit number, or certificate number on the

30  face of such certified copy to the agency head by whom the

31  convicted defendant has received a license, permit, or

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  1  certificate to practice his or her profession or to carry on

  2  his or her business.  Such agency head shall suspend or revoke

  3  the license, permit, or certificate of the convicted defendant

  4  to practice his or her profession or to carry on his or her

  5  business. Upon a showing by any such convicted defendant whose

  6  license, permit, or certificate has been suspended or revoked

  7  pursuant to this section that his or her civil rights have

  8  been restored or upon a showing that the convicted defendant

  9  meets the following criteria, the agency head may reinstate or

10  reactivate such license, permit, or certificate when:

11         (1)  The person has complied with the conditions of

12  paragraphs (a) and (b) which shall be monitored by the

13  Department of Corrections while the person is under any

14  supervisory sanction. If the person fails to comply with

15  provisions of these paragraphs by either failing to maintain

16  treatment or by testing positive for drug use, the department

17  shall notify the licensing, permitting, or certifying agency,

18  which shall revoke the license, permit, or certification.  The

19  person under supervision may:

20         (a)  Seek evaluation and enrollment in, and once

21  enrolled maintain enrollment in until completion, a drug

22  treatment and rehabilitation program which is approved or

23  regulated by the department of Health and Rehabilitative

24  Services.  The treatment and rehabilitation program shall be

25  specified by:

26         1.  The court, in the case of court-ordered supervisory

27  sanctions;

28         2.  The Parole Commission, in the case of parole,

29  control release, or conditional release; or

30         3.  The Department of Corrections, in the case of

31  imprisonment or any other supervision required by law.

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  1

  2  This section does not apply to any of the taxes, fees, or

  3  permits regulated, controlled, or administered by the

  4  Department of Revenue in accordance with s. 213.05.

  5         Section 65.  Effective January 1, 2000, paragraph (b)

  6  of subsection (1) of section 893.12, Florida Statutes, 1998

  7  Supplement, is amended to read:

  8         893.12  Contraband; seizure, forfeiture, sale.--

  9         (1)  All substances controlled by this chapter and all

10  listed chemicals, which substances or chemicals are handled,

11  delivered, possessed, or distributed contrary to any

12  provisions of this chapter, and all such controlled substances

13  or listed chemicals the lawful possession of which is not

14  established or the title to which cannot be ascertained, are

15  declared to be contraband, are subject to seizure and

16  confiscation by any person whose duty it is to enforce the

17  provisions of the chapter, and shall be disposed of as

18  follows:

19         (b)  Upon written application by the department of

20  Health and Rehabilitative Services, the court by whom the

21  forfeiture of such controlled substances or listed chemicals

22  has been decreed may order the delivery of any of them to said

23  department for distribution or destruction as hereinafter

24  provided.

25         Section 66.  Effective January 1, 2000, section 893.15,

26  Florida Statutes, is amended to read:

27         893.15  Rehabilitation.--Any person who violates s.

28  893.13(6)(a) or (b) relating to possession may, in the

29  discretion of the trial judge, be required to participate in a

30  substance abuse services program approved or regulated by the

31  department of Health and Rehabilitative Services pursuant to

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  1  the provisions of chapter 397, provided the director of such

  2  program approves the placement of the defendant in such

  3  program. Such required participation shall be imposed in

  4  addition to any penalty or probation otherwise prescribed by

  5  law. However, the total time of such penalty, probation, and

  6  program participation shall not exceed the maximum length of

  7  sentence possible for the offense.

  8         Section 67.  Effective January 1, 2000, subsection (1)

  9  and paragraph (b) of subsection (3) of section 893.165,

10  Florida Statutes, are amended to read:

11         893.165  County alcohol and other drug abuse treatment

12  or education trust funds.--

13         (1)  Counties in which there is established or in

14  existence a comprehensive alcohol and other drug abuse

15  treatment or education program which meets the standards for

16  qualification of such programs by the department of Health and

17  Rehabilitative Services are authorized to establish a County

18  Alcohol and Other Drug Abuse Trust Fund for the purpose of

19  receiving the assessments collected pursuant to s. 938.23 and

20  disbursing assistance grants on an annual basis to such

21  alcohol and other drug abuse treatment or education program.

22         (3)

23         (b)  Assessments collected by clerks of circuit courts

24  having more than one county in the circuit, for any county in

25  the circuit which does not have a County Alcohol and Other

26  Drug Abuse Trust Fund, shall be remitted to the department of

27  Health and Rehabilitative Services, in accordance with

28  administrative rules adopted, for deposit into the

29  department's Community Alcohol and Other Drug Abuse Services

30  Grants and Donations Trust Fund for distribution pursuant to

31  the guidelines and priorities developed by the department.

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  1         Section 68.  Effective January 1, 2000, paragraphs (a),

  2  (d), and (e) of subsection (2) of section 895.09, Florida

  3  Statutes, 1998 Supplement, are amended to read:

  4         895.09  Disposition of funds obtained through

  5  forfeiture proceedings.--

  6         (2)(a)  Following satisfaction of all valid claims

  7  under subsection (1), 25 percent of the remainder of the funds

  8  obtained in the forfeiture proceedings pursuant to s. 895.05

  9  shall be deposited as provided in paragraph (b) into the

10  appropriate trust fund of the Department of Legal Affairs or

11  state attorney's office which filed the civil forfeiture

12  action; 25 percent shall be deposited as provided in paragraph

13  (c) into the applicable law enforcement trust fund of the

14  investigating law enforcement agency conducting the

15  investigation which resulted in or significantly contributed

16  to the forfeiture of the property; 25 percent shall be

17  deposited as provided in paragraph (d) in the Substance Abuse

18  Trust Fund of the Department of Health and Rehabilitative

19  Services; and the remaining 25 percent shall be deposited in

20  the Forfeited Property Trust Fund of the Department of

21  Environmental Protection. When a forfeiture action is filed by

22  the Department of Legal Affairs or a state attorney, the court

23  entering the judgment of forfeiture shall, taking into account

24  the overall effort and contribution to the investigation and

25  forfeiture action by the agencies that filed the action, make

26  a pro rata apportionment among such agencies of the funds

27  available for distribution to the agencies filing the action

28  as provided in this section. If multiple investigating law

29  enforcement agencies have contributed to the forfeiture of the

30  property, the court which entered the judgment of forfeiture

31  shall, taking into account the overall effort and contribution

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  1  of the agencies to the investigation and forfeiture action,

  2  make a pro rata apportionment among such investigating law

  3  enforcement agencies of the funds available for distribution

  4  to the investigating agencies as provided in this section.

  5         (d)  The Department of Health and Rehabilitative

  6  Services shall, in accordance with chapter 397, distribute

  7  funds obtained by it pursuant to paragraph (a) to public and

  8  private nonprofit organizations licensed by the department to

  9  provide substance abuse treatment and rehabilitation centers

10  or substance abuse prevention and youth orientation programs

11  in the service district in which the final order of forfeiture

12  is entered by the court.

13         (e)  On a quarterly basis, any excess funds, including

14  interest, over $1 million deposited in the Forfeited Property

15  Trust Fund of the Department of Environmental Protection in

16  accordance with paragraph (a) shall be deposited in the

17  Substance Abuse Trust Fund of the Department of Health and

18  Rehabilitative Services.

19         Section 69.  Effective January 1, 2000, subsections (1)

20  and (2) of section 916.105, Florida Statutes, 1998 Supplement,

21  are amended to read:

22         916.105  Legislative intent.--

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

24  Department of Health and the Department of Children and Family

25  Services establish, locate, and maintain separate and secure

26  facilities and programs for the treatment or training of

27  defendants who are charged with a felony and who have been

28  found to be incompetent to proceed due to their mental

29  illness, retardation, or autism, or who have been acquitted of

30  felonies by reason of insanity, and who, while still under the

31  jurisdiction of the committing court, are committed to the

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  1  department under the provisions of this chapter.  The

  2  separate, secure facilities shall be sufficient to accommodate

  3  the number of defendants committed under the conditions noted

  4  above, except those defendants found by the department to be

  5  appropriate for treatment or training in a civil treatment

  6  facility or program. Such secure facilities shall be designed

  7  and administered so that ingress and egress, together with

  8  other requirements of this chapter, may be strictly controlled

  9  by staff responsible for security in order to protect the

10  defendant, facility personnel, other clients, and citizens in

11  adjacent communities.

12         (2)  It is further the intent of the Legislature that

13  treatment or training programs for defendants who are found to

14  be mentally ill, retarded, or autistic and are involuntarily

15  committed to the Department of Health or the Department of

16  Children and Family Services, and who are still under the

17  jurisdiction of the committing court, be provided in such a

18  manner, subject to security requirements and other mandates of

19  this chapter, as to ensure the rights of the defendants as

20  provided in this chapter.

21         Section 70.  Effective January 1, 2000, subsections (5)

22  and (7) of section 916.106, Florida Statutes, 1998 Supplement,

23  are amended to read:

24         916.106  Definitions.--For the purposes of this

25  chapter:

26         (5)  "Department" means the Department of Health with

27  respect to mentally ill defendants, and the Department of

28  Children and Family Services, with respect to retarded or

29  autistic defendants.

30         (7)  "Forensic client" or "client" means any defendant

31  who is mentally ill, retarded, or autistic and who is

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  1  committed to the Department of Health or the Department of

  2  Children and Family Services pursuant to this chapter and:

  3         (a)  Who has been determined to need treatment for a

  4  mental illness or training for retardation or autism;

  5         (b)  Who has been found incompetent to proceed on a

  6  felony offense or has been acquitted of a felony offense by

  7  reason of insanity;

  8         (c)  Who has been determined by the department to:

  9         1.  Be dangerous to himself or herself or others; or

10         2.  Present a clear and present potential to escape;

11  and

12         (d)  Who is an adult or a juvenile prosecuted as an

13  adult.

14         Section 71.  Effective January 1, 2000, subsection (4)

15  of section 916.107, Florida Statutes, 1998 Supplement, is

16  amended to read:

17         916.107  Rights of forensic clients.--

18         (4)  QUALITY OF TREATMENT.--Each client committed

19  pursuant to this chapter shall receive treatment or training

20  suited to the client's needs, which shall be administered

21  skillfully, safely, and humanely with full respect for the

22  client's dignity and personal integrity.  Each client shall

23  receive such medical, vocational, social, educational, and

24  rehabilitative services as the client's condition requires to

25  bring about a return to court for disposition of charges or a

26  return to the community.  In order to achieve this goal, the

27  Department of Health and the Department of Children and Family

28  Services are department is directed to coordinate the services

29  of the Division of Mental Health, the Division of Substance

30  Abuse, and Alcohol, Drug Abuse and Mental Health Program

31  Office and the Developmental Services Program Office with all

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  1  other programs of the two departments Department and other

  2  appropriate state agencies.

  3         Section 72.  Effective January 1, 2000, subsections

  4  (1), (3), and (10) of section 916.32, Florida Statutes, 1998

  5  Supplement, are amended to read:

  6         916.32  Definitions.--As used in ss. 916.31-916.49, the

  7  term:

  8         (1)  "Agency with jurisdiction" means the agency that

  9  releases, upon lawful order or authority, a person serving a

10  sentence in the custody of the Department of Corrections, a

11  person adjudicated delinquent and committed to the custody of

12  the Department of Juvenile Justice, or a person who was

13  involuntarily committed to the custody of the Department of

14  Health Children and Family Services upon an adjudication of

15  not guilty by reason of insanity.

16         (3)  "Department" means the Department of Health

17  Children and Family Services.

18         (10)  "Total confinement" means that the person is

19  currently being held in any physically secure facility being

20  operated or contractually operated for the Department of

21  Corrections, the Department of Juvenile Justice, or the

22  Department of Health Children and Family Services.

23         Section 73.  Effective January 1, 2000, subsection (3)

24  of section 916.33, Florida Statutes, 1998 Supplement, is

25  amended to read:

26         916.33  Notice to state attorney and multidisciplinary

27  team of release of sexually violent predator; establishing

28  multidisciplinary team.--

29         (3)  The Secretary of Health Children and Family

30  Services shall establish a multidisciplinary team, which shall

31  include two licensed psychiatrists or psychologists, or one

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  1  licensed psychiatrist and one licensed psychologist,

  2  designated by the secretary of Children and Family Services.

  3  The Attorney General's Office shall serve as legal counsel to

  4  the multidisciplinary team. The team, within 45 days after

  5  receiving notice, shall assess whether the person meets the

  6  definition of a sexually violent predator and provide the

  7  state attorney with its written assessment and recommendation.

  8         Section 74.  Effective January 1, 2000, subsection (2)

  9  of section 916.37, Florida Statutes, 1998 Supplement, is

10  amended to read:

11         916.37  Determination; commitment procedure; mistrials;

12  housing.--

13         (2)  If the court or jury determines that the person is

14  a sexually violent predator, the person shall be committed to

15  the custody of the department of Children and Family Services

16  for control, care, and treatment until such time as the

17  person's mental abnormality or personality disorder has so

18  changed that it is safe for the person to be at large. At all

19  times, sexually violent predators who are committed for

20  control, care, and treatment by the department of Children and

21  Family Services under this section shall be kept in a secure

22  facility segregated from patients who are not committed under

23  this section.

24         Section 75.  Effective January 1, 2000, subsection (1)

25  of section 916.39, Florida Statutes, 1998 Supplement, is

26  amended to read:

27         916.39  Authorized petition for release; procedure.--

28         (1)  If the Secretary of Health Children and Family

29  Services or the secretary's designee at any time determines

30  that the person is not likely to commit acts of sexual

31  violence if conditionally discharged, the secretary or the

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  1  secretary's designee shall authorize the person to petition

  2  the court for release.  The petition shall be served upon the

  3  court and the state attorney. The court, upon receipt of such

  4  a petition, shall order a trial before the court within 30

  5  days, unless continued for good cause.

  6         Section 76.  Effective January 1, 2000, section 916.40,

  7  Florida Statutes, 1998 Supplement, is amended to read:

  8         916.40  Petition for release.--Sections 916.31-916.49

  9  do not prohibit a person from filing a petition for discharge

10  at any time. However, if the person has previously filed such

11  a petition without the approval of the Secretary of Health

12  Children and Family Services or the secretary's designee and

13  the court determined that the petition was without merit, a

14  subsequent petition shall be denied unless the petition

15  contains facts upon which a court could find that the person's

16  condition has so changed that a probable cause hearing is

17  warranted.

18         Section 77.  Effective January 1, 2000, section 916.49,

19  Florida Statutes, 1998 Supplement, is amended to read:

20         916.49  Department of Children and Family Services

21  responsible for costs.--The department of Children and Family

22  Services is responsible for all costs relating to the

23  evaluation and treatment of persons committed to the

24  department's custody as sexually violent predators. A county

25  is not obligated to fund costs for psychological examinations,

26  expert witnesses, court-appointed counsel, or other costs

27  required by ss. 916.31-916.49. Other costs for psychological

28  examinations, expert witnesses, and court-appointed counsel

29  required by ss. 916.31-916.49 shall be paid from state funds

30  appropriated by general law.

31

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  1         Section 78.  Effective January 1, 2000, subsection (2)

  2  of section 938.23, Florida Statutes, is amended to read:

  3         938.23  Assistance grants for alcohol and other drug

  4  abuse programs.--

  5         (2)  All assessments authorized by this section shall

  6  be collected by the clerk of court and remitted to the

  7  jurisdictional county as described in s. 893.165(2) for

  8  deposit into the County Alcohol and Other Drug Abuse Trust

  9  Fund or to the Department of Health and Rehabilitative

10  Services for deposit into the department's Community Alcohol

11  and Other Drug Abuse Services Grants and Donations Trust Fund

12  pursuant to guidelines and priorities developed by the

13  department.  If a County Alcohol and Other Drug Abuse Trust

14  Fund has not been established for any jurisdictional county,

15  assessments collected by the clerk of court shall be remitted

16  to the Department of Health and Rehabilitative Services for

17  deposit into the department's Community Alcohol and Other Drug

18  Abuse Services Grants and Donations Trust Fund.

19         Section 79.  Effective January 1, 2000, subsection (2)

20  of section 944.706, Florida Statutes, is amended to read:

21         944.706  Basic release assistance.--

22         (2)  The department is authorized to contract with the

23  Department of Health, the Department of Children and Family

24  and Rehabilitative Services, the Salvation Army, and other

25  public or private organizations for the provision of basic

26  support services for releasees.  The department shall contract

27  with the Department of Labor and Employment Security for the

28  provision of releasee job placement.

29         Section 80.  Effective January 1, 2000, subsection (2)

30  of section 945.025, Florida Statutes, is amended to read:

31         945.025  Jurisdiction of department.--

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  1         (2)  In establishing, operating, and utilizing these

  2  facilities, the department shall attempt, whenever possible,

  3  to avoid the placement of nondangerous offenders who have

  4  potential for rehabilitation with repeat offenders or

  5  dangerous offenders. Medical, mental, and psychological

  6  problems shall be diagnosed and treated whenever possible.

  7  The Department of Health and Rehabilitative Services shall

  8  cooperate to ensure the delivery of services to persons under

  9  the custody or supervision of the department.  When it is the

10  intent of the department to transfer a mentally ill or

11  retarded prisoner to the Department of Health or the

12  Department of Children and Family and Rehabilitative Services,

13  an involuntary commitment hearing shall be held according to

14  the provisions of chapter 393 or chapter 394.

15         Section 81.  Effective January 1, 2000, subsection (6)

16  of section 945.12, Florida Statutes, is amended to read:

17         945.12  Transfers for rehabilitative treatment.--

18         (6)  A prisoner who has been determined by the

19  Department of Health and Rehabilitative Services and the

20  Department of Corrections to be amenable to rehabilitative

21  treatment for sexual deviation, and who has voluntarily agreed

22  to participate in such rehabilitative treatment, may be

23  transferred to the Department of Health and Rehabilitative

24  Services provided appropriate bed space is available.

25         Section 82.  Effective January 1, 2000, subsection (1)

26  of section 945.41, Florida Statutes, is amended to read:

27         945.41  Legislative intent of ss. 945.40-945.49.--It is

28  the intent of the Legislature that mentally ill inmates in the

29  custody of the Department of Corrections receive evaluation

30  and appropriate treatment for their mental illness through a

31

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  1  continuum of services.  It is further the intent of the

  2  Legislature that:

  3         (1)  Inmates in the custody of the department who have

  4  mental illnesses that require hospitalization and intensive

  5  psychiatric inpatient treatment or care receive appropriate

  6  treatment or care in Department of Corrections mental health

  7  treatment facilities designated for that purpose. The

  8  department shall contract with the Department of Health and

  9  Rehabilitative Services for the provision of mental health

10  services in any departmental mental health treatment facility.

11  The Department of Corrections shall provide mental health

12  services to inmates committed to it and may contract with any

13  persons or agencies qualified to provide such services.

14         Section 83.  Effective January 1, 2000, subsections (2)

15  and (3) of section 945.47, Florida Statutes, are amended to

16  read:

17         945.47  Discharge of inmate from mental health

18  treatment.--

19         (2)  An inmate who is involuntarily placed pursuant to

20  s. 394.467 at the expiration of his or her sentence may be

21  placed, by order of the court, in a facility designated by the

22  Department of Health and Rehabilitative Services as a secure,

23  nonforensic, civil facility.  Such a placement shall be

24  conditioned upon a finding by the court of clear and

25  convincing evidence that the inmate is manifestly dangerous to

26  himself or herself or others.  The need for such placement

27  shall be reviewed by facility staff every 90 days.  At any

28  time that a patient is considered for transfer to a nonsecure,

29  civil unit, the court which entered the order for involuntary

30  placement shall be notified.

31

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  1         (3)  At any time that an inmate who has received mental

  2  health treatment while in the custody of the department

  3  becomes eligible for release on parole, a complete record of

  4  the inmate's treatment shall be provided to the Parole

  5  Commission and to the Department of Health and Rehabilitative

  6  Services.  The record shall include, at least, the inmate's

  7  diagnosis, length of stay in treatment, clinical history,

  8  prognosis, prescribed medication, and treatment plan and

  9  recommendations for aftercare services.  In the event that the

10  inmate is released on parole, the record shall be provided to

11  the parole officer who shall assist the inmate in applying for

12  services from a professional or an agency in the community.

13  The application for treatment and continuation of treatment by

14  the inmate may be made a condition of parole, as provided in

15  s. 947.19(1); and a failure to participate in prescribed

16  treatment may be a basis for initiation of parole violation

17  hearings.

18         Section 84.  Effective January 1, 2000, subsection (2)

19  of section 945.49, Florida Statutes, is amended to read:

20         945.49  Operation and administration.--

21         (2)  RULES.--The department, in cooperation with the

22  Division of Mental Health Program Office of the Department of

23  Health and Rehabilitative Services, shall adopt rules

24  necessary for administration of ss. 945.40-945.49 in

25  accordance with chapter 120.

26         Section 85.  Effective January 1, 2000, subsection (9)

27  of section 947.146, Florida Statutes, 1998 Supplement, is

28  amended to read:

29         947.146  Control Release Authority.--

30         (9)  The authority shall examine such records as it

31  deems necessary of the department, the Department of Health,

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  1  the Department of Children and Family and Rehabilitative

  2  Services, the Department of Law Enforcement, and any other

  3  such agency for the purpose of either establishing, modifying,

  4  or revoking a control release date. The victim impact

  5  statement shall be included in such records for examination.

  6  Such agencies shall provide the information requested by the

  7  authority for the purposes of fulfilling the requirements of

  8  this section.

  9         Section 86.  Effective January 1, 2000, subsections (3)

10  and (5) of section 948.034, Florida Statutes, 1998 Supplement,

11  are amended to read:

12         948.034  Terms and conditions of probation; community

13  residential drug punishment centers.--

14         (3)  Whenever the authorized provider for substance

15  abuse treatment pursuant to this section is the same provider

16  that conducts the substance abuse evaluations, that provider

17  must submit a quarterly statistical report that shall be

18  reviewed by the Department of Health Children and Family

19  Services to ensure that excessive referrals to treatment have

20  not been made. A programmatic and statistical report must be

21  submitted annually to the Department of Health Children and

22  Family Services by each provider authorized to provide

23  services under this section.

24         (5)  The Department of Corrections, in consultation

25  with the Department of Health Children and Family Services,

26  shall adopt rules as necessary to implement the provisions of

27  this section relating to program standards and performance

28  objectives of community residential drug punishment centers.

29         Section 87.  Effective January 1, 2000, subsection (7)

30  of section 984.225, Florida Statutes, 1998 Supplement, is

31  amended to read:

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  1         984.225  Powers of disposition; placement in a

  2  staff-secure shelter.--

  3         (7)  If the child requires residential mental health

  4  treatment or residential care for a developmental disability,

  5  the court shall refer the child to the Department of Health or

  6  the Department of Children and Family Services, as

  7  appropriate, for the provision of necessary services.

  8         Section 88.  Effective January 1, 2000, subsection (2)

  9  of section 985.06, Florida Statutes, is amended to read:

10         985.06  Statewide information-sharing system;

11  interagency workgroup.--

12         (2)  The interagency workgroup shall be coordinated

13  through the Department of Education and shall include

14  representatives from the state agencies specified in

15  subsection (1), school superintendents, school district

16  information system directors, principals, teachers, juvenile

17  court judges, police chiefs, county sheriffs, clerks of the

18  circuit court, the Department of Children and Family Services,

19  the Department of Health, providers of juvenile services

20  including a provider from a juvenile substance abuse program,

21  and district juvenile justice managers.

22         Section 89.  Effective January 1, 2000, paragraph (a)

23  of subsection (1) of section 985.21, Florida Statutes, 1998

24  Supplement, is amended to read:

25         985.21  Intake and case management.--

26         (1)(a)  During the intake process, the juvenile

27  probation officer shall screen each child to determine:

28         1.  Appropriateness for release, referral to a

29  diversionary program including, but not limited to, a

30  teen-court program, referral for community arbitration, or

31

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  1  referral to some other program or agency for the purpose of

  2  nonofficial or nonjudicial handling.

  3         2.  The presence of medical, psychiatric,

  4  psychological, substance abuse, educational problems, or other

  5  conditions that may have caused the child to come to the

  6  attention of law enforcement or the Department of Juvenile

  7  Justice. In cases where such conditions are identified, and a

  8  nonjudicial handling of the case is chosen, the juvenile

  9  probation officer shall attempt to refer the child to a

10  program or agency, together with all available and relevant

11  assessment information concerning the child's precipitating

12  condition.

13         3.  The Department of Juvenile Justice shall develop an

14  intake and a case management system whereby a child brought

15  into intake is assigned a juvenile probation officer if the

16  child was not released, referred to a diversionary program,

17  referred for community arbitration, or referred to some other

18  program or agency for the purpose of nonofficial or

19  nonjudicial handling, and shall make every reasonable effort

20  to provide case management services for the child; provided,

21  however, that case management for children committed to

22  residential programs may be transferred as provided in s.

23  985.316.

24         4.  In addition to duties specified in other sections

25  and through departmental rules, the assigned juvenile

26  probation officer shall be responsible for the following:

27         a.  Ensuring that a risk assessment instrument

28  establishing the child's eligibility for detention has been

29  accurately completed and that the appropriate recommendation

30  was made to the court.

31

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  1         b.  Inquiring as to whether the child understands his

  2  or her rights to counsel and against self-incrimination.

  3         c.  Performing the preliminary screening and making

  4  referrals for comprehensive assessment regarding the child's

  5  need for substance abuse treatment services, mental health

  6  services, retardation services, literacy services, or other

  7  educational or treatment services.

  8         d.  Coordinating the multidisciplinary assessment when

  9  required, which includes the classification and placement

10  process that determines the child's priority needs, risk

11  classification, and treatment plan. When sufficient evidence

12  exists to warrant a comprehensive assessment and the child

13  fails to voluntarily participate in the assessment efforts, it

14  is the responsibility of the juvenile probation officer to

15  inform the court of the need for the assessment and the

16  refusal of the child to participate in such assessment. This

17  assessment, classification, and placement process shall

18  develop into the predisposition report.

19         e.  Making recommendations for services and

20  facilitating the delivery of those services to the child,

21  including any mental health services, educational services,

22  family counseling services, family assistance services, and

23  substance abuse services. The juvenile probation officer shall

24  serve as the primary case manager for the purpose of managing,

25  coordinating, and monitoring the services provided to the

26  child. Each program administrator within the Department of

27  Children and Family Services and the Department of Health

28  shall cooperate with the primary case manager in carrying out

29  the duties and responsibilities described in this section.

30

31

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  1  The Department of Juvenile Justice shall annually advise the

  2  Legislature and the Executive Office of the Governor of the

  3  resources needed in order for the intake and case management

  4  system to maintain a staff-to-client ratio that is consistent

  5  with accepted standards and allows the necessary supervision

  6  and services for each child. The intake process and case

  7  management system shall provide a comprehensive approach to

  8  assessing the child's needs, relative risks, and most

  9  appropriate handling, and shall be based on an individualized

10  treatment plan.

11         Section 90.  Effective January 1, 2000, section

12  985.223, Florida Statutes, 1998 Supplement, is amended to

13  read:

14         985.223  Incompetency in juvenile delinquency cases.--

15         (1)  If, at any time prior to or during a delinquency

16  case, the court has reason to believe that the child named in

17  the petition may be incompetent to proceed with the hearing,

18  the court on its own motion may, or on the motion of the

19  child's attorney or state attorney must, stay all proceedings

20  and order an evaluation of the child's mental condition.

21         (a)  Any motion questioning the child's competency to

22  proceed must be served upon the child's attorney, the state

23  attorney, the attorneys representing the Department of

24  Juvenile Justice, the attorneys representing the Department of

25  Health, and the attorneys representing the Department of

26  Children and Family Services. Thereafter, any motion, notice

27  of hearing, order, or other legal pleading relating to the

28  child's competency to proceed with the hearing must be served

29  upon the child's attorney, the state attorney, the attorneys

30  representing the Department of Juvenile Justice, the attorneys

31

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  1  representing the Department of Health, and the attorneys

  2  representing the Department of Children and Family Services.

  3         (b)  All determinations of competency shall be made at

  4  a hearing, with findings of fact based on an evaluation of the

  5  child's mental condition made by not less than two nor more

  6  than three experts appointed by the court.  The basis for the

  7  determination of incompetency must be specifically stated in

  8  the evaluation.  In addition, a recommendation as to whether

  9  residential or nonresidential treatment or training is

10  required must be included in the evaluation. Experts appointed

11  by the court to determine the mental condition of a child

12  shall be allowed reasonable fees for services rendered. State

13  employees may be paid expenses pursuant to s. 112.061. The

14  fees shall be taxed as costs in the case.

15         (c)  All court orders determining incompetency must

16  include specific written findings by the court as to the

17  nature of the incompetency and whether the child requires

18  secure or nonsecure treatment or training environments.

19         (d)  For incompetency evaluations related to mental

20  illness, the Department of Health Children and Family Services

21  shall annually provide the courts with a list of mental health

22  professionals who have completed a training program approved

23  by the Department of Health Children and Family Services to

24  perform the evaluations.

25         (e)  For incompetency evaluations related to mental

26  retardation, the court shall order the Developmental Services

27  Program Office within the Department of Children and Family

28  Services to examine the child to determine if the child meets

29  the definition of "retardation" in s. 393.063 and, if so,

30  whether the child is competent to proceed with delinquency

31  proceedings.

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  1         (f)  A child is competent to proceed if the child has

  2  sufficient present ability to consult with counsel with a

  3  reasonable degree of rational understanding and the child has

  4  a rational and factual understanding of the present

  5  proceedings.  The report must address the child's capacity to:

  6         1.  Appreciate the charges or allegations against the

  7  child.

  8         2.  Appreciate the range and nature of possible

  9  penalties that may be imposed in the proceedings against the

10  child, if applicable.

11         3.  Understand the adversarial nature of the legal

12  process.

13         4.  Disclose to counsel facts pertinent to the

14  proceedings at issue.

15         5.  Display appropriate courtroom behavior.

16         6.  Testify relevantly.

17         (g)  Immediately upon the filing of the court order

18  finding a child incompetent to proceed, the clerk of the court

19  shall notify the Department of Health and the Department of

20  Children and Family Services and fax or hand deliver to both

21  departments the Department of Children and Family Services a

22  referral packet which includes, at a minimum, the court order,

23  the charging documents, the petition, and the court-appointed

24  evaluator's reports.

25         (h)  After placement of the child in the appropriate

26  setting, the Department of Health within 30 days after that

27  department places the child, or the Department of Children and

28  Family Services must, within 30 days after that the department

29  of Children and Family Services places the child, must prepare

30  and submit to the court a treatment plan for the child's

31  restoration of competency. A copy of the treatment plan must

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  1  be served upon the child's attorney, the state attorney, and

  2  the attorneys representing the Department of Juvenile Justice,

  3  the attorneys representing the Department of Health, and the

  4  attorneys representing the Department of Children and Family

  5  Services.

  6         (2)  A child who is mentally ill or retarded, who is

  7  adjudicated incompetent to proceed, and who has committed a

  8  delinquent act or violation of law, either of which would be a

  9  felony if committed by an adult, must be committed to the

10  Department of Health or the Department of Children and Family

11  Services, as appropriate, for treatment or training. A child

12  who has been adjudicated incompetent to proceed because of age

13  or immaturity, or for any reason other than for mental illness

14  or retardation, must not be committed to the department or to

15  the Department of Health or the Department of Children and

16  Family Services for restoration-of-competency treatment or

17  training services. For purposes of this section, a child who

18  has committed a delinquent act or violation of law, either of

19  which would be a misdemeanor if committed by an adult, may not

20  be committed to the department or to the Department of Health

21  or the Department of Children and Family Services for

22  restoration-of-competency treatment or training services.

23         (3)  If the court finds that a child is mentally ill or

24  retarded and adjudicates the child incompetent to proceed, the

25  court must also determine whether the child meets the criteria

26  for secure placement. A child may be placed in a secure

27  facility or program if the court makes a finding by clear and

28  convincing evidence that:

29         (a)  The child is mentally ill and because of the

30  mental illness; or the child is mentally retarded and because

31  of the mental retardation:

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  1         1.  The child is manifestly incapable of surviving with

  2  the help of willing and responsible family or friends,

  3  including available alternative services, and without

  4  treatment or training the child is likely to either suffer

  5  from neglect or refuse to care for self, and such neglect or

  6  refusal poses a real and present threat of substantial harm to

  7  the child's well-being; or

  8         2.  There is a substantial likelihood that in the near

  9  future the child will inflict serious bodily harm on self or

10  others, as evidenced by recent behavior causing, attempting,

11  or threatening such harm; and

12         (b)  All available less restrictive alternatives,

13  including treatment or training in community residential

14  facilities or community settings which would offer an

15  opportunity for improvement of the child's condition, are

16  inappropriate.

17         (4)  A child who is determined to be mentally ill or

18  retarded, who has been adjudicated incompetent to proceed, and

19  who meets the criteria set forth in subsection (3), must be

20  committed to the Department of Health or the Department of

21  Children and Family Services, as appropriate, and that

22  department and the Department of Children and Family Services

23  must treat or train the child in a secure facility or program

24  which is the least restrictive alternative consistent with

25  public safety.  Any placement of a child to a secure

26  residential program must be separate from adult forensic

27  programs.  If the child attains competency, then custody, case

28  management, and supervision of the child will be transferred

29  to the department in order to continue delinquency

30  proceedings; however, the court retains authority to order the

31  Department of Health or Department of Children and Family

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  1  Services to provide continued treatment to maintain

  2  competency.

  3         (a)  A child adjudicated incompetent due to mental

  4  retardation may be ordered into a secure program or facility

  5  designated by the Department of Children and Family Services

  6  for retarded children.

  7         (b)  A child adjudicated incompetent due to mental

  8  illness may be ordered into a secure program or facility

  9  designated by the Department of Health Children and Family

10  Services for mentally ill children.

11         (c)  Whenever a child is placed in a secure residential

12  facility, the department will provide transportation to the

13  secure residential facility for admission and from the secure

14  residential facility upon discharge.

15         (d)  The purpose of the treatment or training is the

16  restoration of the child's competency to proceed.

17         (e)  The service provider must file a written report

18  with the court pursuant to the applicable Florida Rules of

19  Juvenile Procedure not later than 6 months after the date of

20  commitment, or at the end of any period of extended treatment

21  or training, and at any time the Department of Health or the

22  Department of Children and Family Services, through its

23  service provider determines the child has attained competency

24  or no longer meets the criteria for secure placement, or at

25  such shorter intervals as ordered by the court. A copy of a

26  written report evaluating the child's competency must be filed

27  by the provider with the court and with the state attorney,

28  the child's attorney, the department, the Department of

29  Health, and the Department of Children and Family Services.

30         (5)(a)  If a child is determined to be incompetent to

31  proceed, the court shall retain jurisdiction of the child for

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  1  up to 2 years after the date of the order of incompetency,

  2  with reviews at least every 6 months to determine competency.

  3         (b)  Whenever the provider files a report with the

  4  court informing the court that the child will never become

  5  competent to proceed, the Department of Health or the

  6  Department of Children and Family Services, as appropriate,

  7  will develop a discharge plan for the child prior to any

  8  hearing determining whether the child will ever become

  9  competent to proceed. The Department of Health or Department

10  of Children and Family Services must send the proposed

11  discharge plan to the court, the state attorney, the child's

12  attorney, and the attorneys representing the Department of

13  Juvenile Justice, the attorneys representing the Department of

14  Health, and the attorneys representing the Department of

15  Children and Family Services. The provider will continue to

16  provide services to the child until the court issues the order

17  finding the child will never become competent to proceed.

18         (c)  If the court determines at any time that the child

19  will never become competent to proceed, the court may dismiss

20  the delinquency petition. If, at the end of the 2-year period

21  following the date of the order of incompetency, the child has

22  not attained competency and there is no evidence that the

23  child will attain competency within a year, the court must

24  dismiss the delinquency petition.  If appropriate, the court

25  may order that proceedings under chapter 393 or chapter 394 be

26  instituted.  Such proceedings must be instituted not less than

27  60 days prior to the dismissal of the delinquency petition.

28         (6)(a)  If a child is determined to be mentally ill or

29  retarded and is found to be incompetent to proceed but does

30  not meet the criteria set forth in subsection (3), the court

31  shall commit the child to the Department of Health or the

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  1  Department of Children and Family Services, as appropriate,

  2  and shall order that department the Department of Children and

  3  Family Services to provide appropriate treatment and training

  4  in the community. The purpose of the treatment or training is

  5  the restoration of the child's competency to proceed.

  6         (b)  All court-ordered treatment or training must be

  7  the least restrictive alternative that is consistent with

  8  public safety. Any placement by the Department of Health or

  9  the Department of Children and Family Services to a

10  residential program must be separate from adult forensic

11  programs.

12         (c)  If a child is ordered to receive competency

13  restoration services, the services shall be provided by the

14  Department of Health or the Department of Children and Family

15  Services, as appropriate. The department shall continue to

16  provide case management services to the child. The department,

17  the Department of Health, and the Department of Children and

18  Family Services shall continue to and receive notice of the

19  competency status of the child.

20         (d)  The service provider must file a written report

21  with the court pursuant to the applicable Florida Rules of

22  Juvenile Procedure, not later than 6 months after the date of

23  commitment, at the end of any period of extended treatment or

24  training, and at any time the service provider determines the

25  child has attained competency or will never attain competency,

26  or at such shorter intervals as ordered by the court. A copy

27  of a written report evaluating the child's competency must be

28  filed by the provider with the court, the state attorney, the

29  child's attorney, the Department of Health, the Department of

30  Children and Family Services, and the department.

31

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  1         (7)  The provisions of this section shall be

  2  implemented only subject to specific appropriation.

  3         Section 91.  Effective January 1, 2000, paragraph (c)

  4  of subsection (3) of section 985.226, Florida Statutes, 1998

  5  Supplement, is amended to read:

  6         985.226  Criteria for waiver of juvenile court

  7  jurisdiction; hearing on motion to transfer for prosecution as

  8  an adult.--

  9         (3)  WAIVER HEARING.--

10         (c)  The court shall conduct a hearing on all transfer

11  request motions for the purpose of determining whether a child

12  should be transferred. In making its determination, the court

13  shall consider:

14         1.  The seriousness of the alleged offense to the

15  community and whether the protection of the community is best

16  served by transferring the child for adult sanctions.

17         2.  Whether the alleged offense was committed in an

18  aggressive, violent, premeditated, or willful manner.

19         3.  Whether the alleged offense was against persons or

20  against property, greater weight being given to offenses

21  against persons, especially if personal injury resulted.

22         4.  The probable cause as found in the report,

23  affidavit, or complaint.

24         5.  The desirability of trial and disposition of the

25  entire offense in one court when the child's associates in the

26  alleged crime are adults or children who are to be tried as

27  adults.

28         6.  The sophistication and maturity of the child.

29         7.  The record and previous history of the child,

30  including:

31

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  1         a.  Previous contacts with the department, the

  2  Department of Corrections, the former Department of Health and

  3  Rehabilitative Services, the Department of Children and Family

  4  Services, the Department of Health, other law enforcement

  5  agencies, and courts;

  6         b.  Prior periods of probation or community control;

  7         c.  Prior adjudications that the child committed a

  8  delinquent act or violation of law, greater weight being given

  9  if the child has previously been found by a court to have

10  committed a delinquent act or violation of law involving an

11  offense classified as a felony or has twice previously been

12  found to have committed a delinquent act or violation of law

13  involving an offense classified as a misdemeanor; and

14         d.  Prior commitments to institutions.

15         8.  The prospects for adequate protection of the public

16  and the likelihood of reasonable rehabilitation of the child,

17  if the child is found to have committed the alleged offense,

18  by the use of procedures, services, and facilities currently

19  available to the court.

20         Section 92.  Effective January 1, 2000, paragraph (f)

21  of subsection (2) of section 985.23, Florida Statutes, 1998

22  Supplement, is amended to read:

23         985.23  Disposition hearings in delinquency

24  cases.--When a child has been found to have committed a

25  delinquent act, the following procedures shall be applicable

26  to the disposition of the case:

27         (2)  The first determination to be made by the court is

28  a determination of the suitability or nonsuitability for

29  adjudication and commitment of the child to the department.

30  This determination shall be based upon the predisposition

31  report which shall include, whether as part of the child's

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  1  multidisciplinary assessment, classification, and placement

  2  process components or separately, evaluation of the following

  3  criteria:

  4         (f)  The record and previous criminal history of the

  5  child, including without limitations:

  6         1.  Previous contacts with the department, the former

  7  Department of Health and Rehabilitative Services, the

  8  Department of Children and Family Services, the Department of

  9  Health, the Department of Corrections, other law enforcement

10  agencies, and courts;

11         2.  Prior periods of probation or community control;

12         3.  Prior adjudications of delinquency; and

13         4.  Prior commitments to institutions.

14

15  It is the intent of the Legislature that the criteria set

16  forth in subsection (2) are general guidelines to be followed

17  at the discretion of the court and not mandatory requirements

18  of procedure.  It is not the intent of the Legislature to

19  provide for the appeal of the disposition made pursuant to

20  this subsection.

21         Section 93.  Effective January 1, 2000, paragraph (b)

22  of subsection (1) of section 985.233, Florida Statutes, is

23  amended to read:

24         985.233  Sentencing powers; procedures; alternatives

25  for juveniles prosecuted as adults.--

26         (1)  POWERS OF DISPOSITION.--

27         (b)  In determining whether to impose juvenile

28  sanctions instead of adult sanctions, the court shall consider

29  the following criteria:

30

31

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  1         1.  The seriousness of the offense to the community and

  2  whether the community would best be protected by juvenile or

  3  adult sanctions.

  4         2.  Whether the offense was committed in an aggressive,

  5  violent, premeditated, or willful manner.

  6         3.  Whether the offense was against persons or against

  7  property, with greater weight being given to offenses against

  8  persons, especially if personal injury resulted.

  9         4.  The sophistication and maturity of the offender.

10         5.  The record and previous history of the offender,

11  including:

12         a.  Previous contacts with the Department of

13  Corrections, the Department of Juvenile Justice, the former

14  Department of Health and Rehabilitative Services, the

15  Department of Children and Family Services, the Department of

16  Health, law enforcement agencies, and the courts.

17         b.  Prior periods of probation or community control.

18         c.  Prior adjudications that the offender committed a

19  delinquent act or violation of law as a child.

20         d.  Prior commitments to the Department of Juvenile

21  Justice, the former Department of Health and Rehabilitative

22  Services, the Department of Children and Family Services, the

23  Department of Health, or other facilities or institutions.

24         6.  The prospects for adequate protection of the public

25  and the likelihood of deterrence and reasonable rehabilitation

26  of the offender if assigned to services and facilities of the

27  Department of Juvenile Justice.

28         7.  Whether the Department of Juvenile Justice has

29  appropriate programs, facilities, and services immediately

30  available.

31

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  1         8.  Whether adult sanctions would provide more

  2  appropriate punishment and deterrence to further violations of

  3  law than the imposition of juvenile sanctions.

  4         Section 94.  Effective January 1, 2000, subsections

  5  (12) and (14) of section 985.308, Florida Statutes, 1998

  6  Supplement, are amended to read:

  7         985.308  Juvenile sexual offender commitment programs;

  8  sexual abuse intervention networks.--

  9         (12)  Membership of a sexual abuse intervention network

10  shall include, but is not limited to, representatives from:

11         (a)  Local law enforcement agencies.;

12         (b)  Local school boards.;

13         (c)  Child protective investigators.;

14         (d)  The office of the state attorney.;

15         (e)  The office of the public defender.;

16         (f)  The juvenile division of the circuit court.;

17         (g)  Professionals licensed under chapter 458, chapter

18  459, s. 490.0145, or s. 491.0144 providing treatment for

19  juvenile sexual offenders or their victims.;

20         (h)  The guardian ad litem program.;

21         (i)  The Department of Juvenile Justice.; and

22         (j)  The Department of Children and Family Services.

23         (k)  The Department of Health.

24         (14)  Subject to specific appropriation, availability

25  of funds, or receipt of appropriate grant funds, the Office of

26  the Attorney General, the Department of Children and Family

27  Services, the Department of Health, the Department of Juvenile

28  Justice, or local juvenile justice councils shall award grants

29  to sexual abuse intervention networks that apply for such

30  grants. The grants may be used for training, treatment,

31  aftercare, evaluation, public awareness, and other specified

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  1  community needs that are identified by the network. A grant

  2  shall be awarded based on the applicant's level of local

  3  funding, level of collaboration, number of juvenile sexual

  4  offenders to be served, number of victims to be served, and

  5  level of unmet needs. The Department of Legal Affairs' Office

  6  of the Attorney General, in collaboration with the Department

  7  of Juvenile Justice, the Department of Health, and the

  8  Department of Children and Family Services, shall establish by

  9  rule minimum standards for each respective department for

10  residential and day treatment juvenile sexual offender

11  programs funded under this subsection.

12         Section 95.  Behavioral health care transition advisory

13  committee.--

14         (1)  Effective July 1, 1999, the Secretary of Health

15  and the Secretary of Children and Family Services shall each

16  appoint three staff members to a behavioral health care

17  transition advisory committee. The members of the committee

18  must represent staff of the respective departments, including

19  representatives from the headquarter's level area office or

20  district offices, and local staff including a facility staff

21  representative, who are involved in the transferred functions.

22  The Secretary of Health shall also appoint one committee

23  member to represent the mental health provider community. The

24  Secretary of Children and Family Services shall also appoint

25  one member to represent the substance abuse provider

26  community. In addition, the two secretaries shall jointly

27  appoint one person to represent the behavioral health care

28  consumer and advocacy groups on the committee. The Secretary

29  of Health shall designate a member of the committee to serve

30  as committee chair.

31

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  1         (2)  The purpose of the committee is to prepare for the

  2  transfer of behavioral health care functions from the

  3  Department of Children and Family Services to the Department

  4  of Health. The committee shall be located, for administrative

  5  purposes, in the Department of Health.

  6         (3)  By October 1, 1999, the committee shall prescribe

  7  a schedule of transition activities and functions with respect

  8  to the transfer of responsibilities. The schedule must, at a

  9  minimum, address:  office space, information support systems,

10  cash ownership and transfer, administrative support functions,

11  inventory and transfer of equipment and supplies, expenditure

12  transfers, budget authority and positions, and certifications

13  forward.

14         Section 96.  Commission on Mental Health and Substance

15  Abuse.--

16         (1)  FINDINGS.--The legislature finds that:  major

17  changes and improvements have occurred in how health care

18  services are planned, purchased, coordinated, and accounted

19  for; the management of the state's substance abuse and mental

20  health services system delineated in part IV of chapter 394,

21  Florida Statutes, has not been systematically reviewed and

22  updated in over 15 years; and the management of the

23  state-supported mental health and substance abuse system has

24  not kept pace with improvements in the field, thereby

25  diminishing the potential efficacy of its investment in mental

26  health services and substance abuse services. Therefore, it is

27  the intent of the Legislature that a systematic review of the

28  overall management of the state's mental health and substance

29  abuse system be conducted and that recommendations for

30  updating part IV of chapter 394, Florida Statutes, and other

31  related statutes be formulated.

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  1         (2)  CREATION.--There is created, within the Executive

  2  Office of the Governor, the Commission on Mental Health and

  3  Substance Abuse.

  4         (3)  DUTIES.--The duties of the Commission on Mental

  5  Health and Substance Abuse include the following:

  6         (a)  Conducting a review and evaluation of the

  7  management and functioning of the existing publicly supported

  8  mental health and substance abuse systems and services in the

  9  Department of Children and Family Services, the Department of

10  Health, the Agency for Health Care Administration, the

11  Department of Education, the Department of Juvenile Justice,

12  the Department of Corrections, and all other departments which

13  administer mental health and substance abuse services.  Such

14  review shall include, at a minimum, a review of current goals

15  and objectives, current planning, coordination management,

16  purchasing, contracting, financing, local government funding

17  responsibility, and accountability mechanisms.

18         (b)  Formulating recommendations to the Governor and

19  Legislature regarding the mission and objectives of

20  state-supported mental health and substance abuse services and

21  the planning, management, financing, contracting, coordination

22  and accountability mechanisms which will best foster the

23  recommended mission and objectives.

24         (4)  MEMBERSHIP.--The commission shall be composed of

25  17 members.

26         (a)  Category one members.--Eleven members shall be

27  citizens who have knowledge and interest in mental health and

28  substance abuse but who have no economic or other vested

29  interest in the recommendations produced by the commission.

30  Five of these members shall be appointed by the Governor, one

31  of whom shall be the Secretary of Health, one of whom must be

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  1  a family member of a person receiving publicly supported

  2  mental health or substance abuse treatment services, and one

  3  of whom must be an individual who is receiving publicly

  4  supported mental health or substance abuse treatment services;

  5  three shall be appointed by the Speaker of the House of

  6  Representatives, one of whom shall be a member of the House;

  7  and three shall be appointed by the President of the Senate,

  8  one of whom shall be a member of the Senate.

  9         (b)  Category two members.--Six members shall be

10  individuals who are directly or indirectly involved with the

11  public mental health and substance abuse system and who have

12  specific expertise in clinical or administrative management of

13  behavioral health services.  Two of these members shall be

14  appointed by the Governor, one of whom must be a

15  representative of county government; two shall be appointed by

16  the Speaker of the House of Representatives; and two shall be

17  appointed by the President of the Senate.

18         (5)  ADVISORY COMMITTEE.--The commission shall appoint

19  an advisory committee representative of all state agencies

20  involved in administering mental health and substance abuse

21  services, and consumers, family members of consumers, and

22  current providers of public mental health or substance abuse

23  services.

24         (6)  STAFF.--The Executive Office of the Governor shall

25  appoint an executive director recommended by the commission,

26  who shall provide professional expertise and arrange for

27  required consultation, analysis, and secretarial/clerical

28  support for the commission.  Additional staff support shall be

29  provided by the department that houses the state mental health

30  and state substance abuse authorities.

31         (7)  MEETINGS; REPORTS.--

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  1         (a)  The commission shall conduct its first meeting no

  2  later than September 1999.

  3         (b)  The commission shall meet as often as necessary to

  4  fulfill its responsibilities.

  5         (c)  Committees shall be assigned as needed, composed

  6  of representatives of the commission and the advisory

  7  committee, and employees of the involved state agencies.

  8         (d)  All commission meetings shall be open to the

  9  public and shall be held at various locations around the state

10  to facilitate public participation.

11         (e)  The commission shall elect a chairperson from

12  among the category one members.

13         (f)  The commission shall submit an interim report to

14  the Governor, the Speaker of the House of Representatives, and

15  the President of the Senate no later than March 1, 2000.

16         (g)  A final report with recommendations shall be

17  submitted to the Governor, the Speaker of the House of

18  Representatives, and the President of the Senate no later than

19  December 1, 2000.

20         (h)  Authorization for the Commission on Mental Health

21  and Substance Abuse expires effective May 15, 2001.

22         Section 97.  There is hereby appropriated for each of

23  fiscal years 1999-2000 and 2000-2001 the sum of $75,000 from

24  the General Revenue Fund and $75,000 from administrative funds

25  available under Title XIX of the Social Security Act

26  (Medicaid), to the Executive Office of the Governor to fund

27  the Commission on Mental Health and Substance Abuse.

28         Section 98.  Interim contract and payment

29  authorization.--

30         (1)  Notwithstanding section 394.76(3)(a) and (c),

31  Florida Statutes, the Department of Health may use

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  1  unit-costing methods of payment in contracts for purchasing

  2  mental health and substance abuse services through June 30,

  3  2001. The unit-cost contracting system shall account for those

  4  patient fees that are paid on behalf of a specific client and

  5  those that are earned and used by the provider for those

  6  services funded in whole or in part by the department.

  7         (2)  The department may reimburse actual expenditures

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

  9  accordance with contract specifications.

10         (3)  The department shall adopt administrative rules

11  pursuant to chapter 120, Florida Statutes, to implement this

12  section.

13         Section 99.  Except as otherwise provided in this act,

14  this act shall take effect July 1, 1999.

15

16            *****************************************

17                       LEGISLATIVE SUMMARY

18
      Effective January 1, 2000, transfers responsibility for
19    alcohol, drug abuse, and mental health programs and
      services, including mental health institutions, from the
20    Department of Children and Family Services to the
      Department of Health. Establishes within the Department
21    of Health a Division of Mental Health and a Division of
      Substance Abuse. Provides for appointment of a Deputy
22    Secretary for Behavioral Health Care who is responsible
      for the direct supervision of both divisions. Conforms
23    various provisions of the Florida Statutes to the
      transfer. Establishes a behavioral health care transition
24    committee to prepare and prescribe a schedule for the
      transfer of activities and functions. Establishes a
25    Commission on Mental Health and Substance Abuse to review
      and evaluate the existing mental health and substance
26    abuse systems and make recommendations to the Governor
      and Legislature. Requires a final report by December 1,
27    2000, and provides for the commission's expiration
      effective May 15, 2001. Provides an appropriation to fund
28    the commission.

29

30

31

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