Senate Bill 0878e1

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    SB 878                                         First Engrossed



  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 s. 216.136, F.S.;

20         conforming provisions relating to budgetary

21         process; amending s. 322.055, F.S.; conforming

22         provisions relating to driver licenses of drug

23         offenders; amending s. 393.11, F.S.; conforming

24         provisions relating to diagnosis of mental

25         retardation; amending ss. 394.453, 394.455,

26         394.457, 394.4574, 394.4615, 394.4674,

27         394.4781, 394.47865, 394.480, 394.493, 394.498,

28         394.4985, 394.65, 394.66, 394.67, 394.675,

29         394.73, 394.74, 394.75, 394.76, 394.77, 394.78,

30         394.79, F.S.; conforming provisions relating to

31         alcohol, drug abuse, and mental health


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    SB 878                                         First Engrossed



  1         services; amending ss. 397.311, 397.321,

  2         397.481, 397.706, 397.753, 397.754, 397.801,

  3         397.821, F.S.; conforming provisions relating

  4         to substance abuse programs and services;

  5         amending ss. 400.0065, 400.435, 402.165,

  6         402.166, 402.167, 402.175, 402.20, 402.22,

  7         402.33, 408.701, 409.906, F.S.; conforming

  8         provisions relating to the State Long-Term Care

  9         Ombudsman, the Agency for Health Care

10         Administration, the statewide and district

11         human rights advocacy committees, an umbrella

12         trust fund for developmentally disabled and

13         mentally ill persons, county contracts for

14         mental health services, education programs for

15         students in residential care facilities, and

16         mental health services provided under Medicaid,

17         and relating to departmental authority to

18         charge fees for client services; amending s.

19         400.4415, F.S.; revising membership on the

20         assisted living facilities advisory committee;

21         amending ss. 411.222, 411.224, 411.232, F.S.;

22         conforming provisions relating to interagency

23         coordination, the family support planning

24         process, and the Children's Early Investment

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

26         provisions relating to a WAGES drug-screening

27         demonstration program; amending s. 458.3165,

28         F.S.; conforming provisions relating to a

29         public psychiatry certificate; amending ss.

30         561.121, 561.19, F.S.; conforming provisions

31         relating to revenues for alcohol and substance


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    SB 878                                         First Engrossed



  1         abuse programs; amending ss. 775.16, 877.111,

  2         F.S.; conforming provisions relating to

  3         rehabilitation of drug offenders; amending s.

  4         817.505, F.S.; conforming provisions relating

  5         to a prohibition on patient brokering; amending

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

  7         F.S.; conforming provisions relating to drug

  8         abuse prevention and control; amending s.

  9         895.09, F.S.; conforming provisions relating to

10         disposition of forfeiture funds; amending ss.

11         916.105, 916.106, 916.107, 916.32, 916.33,

12         916.37, 916.39, 916.40, 916.49, F.S.;

13         conforming provisions relating to mentally ill

14         and mentally deficient defendants; amending s.

15         938.23, F.S.; conforming provisions relating to

16         assistance grants for drug abuse programs;

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

18         945.47, 945.49, 947.146, 948.034, F.S.;

19         conforming provisions relating to persons under

20         the jurisdiction of the Department of

21         Corrections; amending ss. 984.225, 985.06,

22         985.21, 985.223, 985.226, 985.23, 985.233,

23         985.308, F.S.; conforming provisions relating

24         to juvenile delinquency; providing for a

25         behavioral health care transition advisory

26         committee; providing membership and duties;

27         establishing a commission on mental health and

28         substance abuse; providing membership and

29         duties; providing for an advisory committee;

30         providing for staff and meetings; authorizing

31         the Department of Health to use unit-costing


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    SB 878                                         First Engrossed



  1         contract payments; authorizing reimbursement of

  2         expenditures for start-up contracts; providing

  3         for rules; requiring reports; amending s.

  4         641.31, F.S.; providing requirements in health

  5         maintenance contracts for coverage of certain

  6         services; providing effective dates.

  7

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

  9

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

11  duties, functions, records, personnel, property, and

12  unexpended balances of appropriations, allocations, and other

13  funds of the Department of Children and Family Services

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

15  including all mental health institutions, are transferred by a

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

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

18  for the Department of Children and Family Services for the

19  administration and operation of such programs or institutions

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

21  specifically changed in the manner provided by law.  The

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

23  positions transferred in a manner that will reduce

24  duplication, achieve maximum efficiency, and ensure

25  accountability.

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

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

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

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

30

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    SB 878                                         First Engrossed



  1         20.19  Department of Children and Family

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

  3  Family Services.

  4         (1)  MISSION AND PURPOSE.--

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

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

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

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

  9  to:

10         1.  Cooperating with other state and local agencies in

11  integrating the delivery of all family and health services

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

13         2.  Providing such assistance as is authorized to all

14  eligible clients in order that they might achieve or maintain

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

16  or eliminate dependency.

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

18  exploitation of children and of adults unable to protect their

19  own interests.

20         4.  Aiding in the preservation, rehabilitation, and

21  reuniting of families.

22         5.  Preventing or reducing inappropriate institutional

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

24  or other forms of less intensive care.

25         6.  Securing referral or admission for institutional

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

27  providing services to individuals in institutions when

28  necessary.

29         7.  Improving the quality of life for persons with

30  mental illnesses and persons with developmental disabilities.

31         (5)  PROGRAM OFFICES.--


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    SB 878                                         First Engrossed



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

  2  shall be headed by an assistant secretary who shall be

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

  4  program office shall have the following responsibilities:

  5         1.  Ensuring that family services programs are

  6  implemented according to legislative intent and as provided in

  7  state and federal laws, rules, and regulations.

  8         2.  Establishing program standards and performance

  9  objectives.

10         3.  Reviewing, monitoring, and ensuring compliance with

11  statewide standards and performance measures.

12         4.  Providing general statewide supervision of the

13  administration of service programs, including, but not limited

14  to:

15         a.  Developing and coordinating training for service

16  programs.

17         b.  Coordinating program research.

18         c.  Identifying statewide program needs and

19  recommending solutions and priorities.

20         d.  Providing technical assistance for the

21  administrators and staff of the service districts.

22         e.  Assisting district administrators in staff

23  development and training.

24         f.  Monitoring service programs to ensure program

25  quality among service districts.

26         5.  Developing workload and productivity standards.

27         6.  Developing resource allocation methodologies.

28         7.  Compiling reports, analyses, and assessment of

29  client needs on a statewide basis.

30         8.  Ensuring the continued interagency collaboration

31  with the Department of Education for the development and


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    SB 878                                         First Engrossed



  1  integration of effective programs to serve children and their

  2  families.

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

  4         (b)  The following program offices are established and

  5  may be consolidated, restructured, or rearranged by the

  6  secretary; provided any such consolidation, restructuring, or

  7  rearranging is for the purpose of encouraging service

  8  integration through more effective and efficient performance

  9  of the program offices or parts thereof:

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

11  responsibilities of this office encompass income support

12  programs within the department, such as temporary assistance

13  to families with dependent children, food stamps, welfare

14  reform, and state supplementation of the supplemental security

15  income (SSI) program.

16         2.  Developmental Services Program Office.--The

17  responsibilities of this office encompass programs operated by

18  the department for developmentally disabled persons.

19  Developmental disabilities include any disability defined in

20  s. 393.063.

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

22  responsibilities of this program office encompass early

23  intervention services for children and families at risk;

24  intake services for protective investigation of abandoned,

25  abused, and neglected children; interstate compact on the

26  placement of children programs; adoption; child care;

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

28  families.

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

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

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    SB 878                                         First Engrossed



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

  2  the department.

  3         (10)  DISTRICT ADMINISTRATOR.--

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

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

  6  developmental services; economic self-sufficiency services;

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

  8  supervisor for each program, or the district administrator may

  9  combine programs under a program manager or program supervisor

10  if such arrangement is approved by the secretary.

11         (17)  CONTRACTING AND PERFORMANCE STANDARDS.--

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

13  standards established in the contract, the department may

14  allow a reasonable period for the provider to correct

15  performance deficiencies. If performance deficiencies are not

16  resolved to the satisfaction of the department within the

17  prescribed time, and if no extenuating circumstances can be

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

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

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

21  provider for the services for which the contract was

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

23  the date of cancellation.  If an adult substance abuse

24  services provider fails to meet the performance standards

25  established in the contract, the department may allow a

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

27  correct performance deficiencies. If the performance

28  deficiencies are not resolved to the satisfaction of the

29  department within 6 months, the department must cancel the

30  contract with the adult substance abuse provider, unless there

31  is no other qualified provider in the service area.


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    SB 878                                         First Engrossed



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

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

  3  are amended to read:

  4         20.43  Department of Health.--There is created a

  5  Department of Health.

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

  7  promote and protect the health of all residents and visitors

  8  in the state through organized state and community efforts,

  9  including cooperative agreements with counties.  The

10  department shall:

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

12  occurrence and progression of communicable and noncommunicable

13  diseases and disabilities and mental and substance abuse

14  impairment.

15         (b)  Maintain a constant surveillance of disease

16  occurrence and accumulate health statistics necessary to

17  establish disease trends and to design health programs.

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

19  and formulate preventive strategies.

20         (d)  Promote the maintenance and improvement of the

21  environment as it affects public health.

22         (e)  Promote the maintenance and improvement of health

23  in the residents of the state.

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

25  and private sectors, in establishing statewide and community

26  public health and behavioral health delivery systems.

27         (g)  Provide health care and early intervention

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

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

30  conditions or have chronic illnesses.

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    SB 878                                         First Engrossed



  1         (h)  Provide services to abused and neglected children

  2  through child protection teams and sexual abuse treatment

  3  programs.

  4         (i)  Develop working associations with all agencies and

  5  organizations involved and interested in health and behavioral

  6  health care delivery.

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

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

  9  innovative, cost-effective health delivery systems.

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

11  data accumulated by state agencies related to health care;

12  analyze that data and issue periodic reports and policy

13  statements, as appropriate; require that all aggregated data

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

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

16  provide technical assistance as required; and work

17  cooperatively with the state's higher education programs to

18  promote further study and analysis of health and behavioral

19  health care systems and health care outcomes.

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

21  health plan that assesses current health programs, systems,

22  and costs; makes projections of future problems and

23  opportunities; and recommends changes needed in the health

24  care system to improve the public health.

25         (m)  Regulate health practitioners, to the extent

26  authorized by the Legislature, as necessary for the

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

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

29  mental illnesses and persons with substance abuse problems,

30  including the promotion of appropriate levels of care and

31  community-based treatment and support services.


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    SB 878                                         First Engrossed



  1         (3)  The following divisions of the Department of

  2  Health are established. Each division shall be under the

  3  direct supervision of a division director appointed by the

  4  secretary. The secretary shall appoint a Deputy Secretary for

  5  Behavioral Health Care who shall have direct supervision over

  6  the Division of Mental Health and the Division of Substance

  7  Abuse.:

  8         (a)  Division of Administration.

  9         (b)  Division of Environmental Health.

10         (c)  Division of Disease Control.

11         (d)  Division of Family Health Services.

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

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

14  Workforce Development.

15         (g)  Division of Mental Health.

16         (h)  Division of Substance Abuse.

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

18  responsible for the following boards and professions

19  established within the division:

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

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

22  402.48.

23         3.  The Board of Acupuncture, created under chapter

24  457.

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

26         5.  The Board of Osteopathic Medicine, created under

27  chapter 459.

28         6.  The Board of Chiropractic Medicine, created under

29  chapter 460.

30         7.  The Board of Podiatric Medicine, created under

31  chapter 461.


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    SB 878                                         First Engrossed



  1         8.  Naturopathy, as provided under chapter 462.

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

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

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

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

  6         13.  Midwifery, as provided under chapter 467.

  7         14.  The Board of Speech-Language Pathology and

  8  Audiology, created under part I of chapter 468.

  9         15.  The Board of Nursing Home Administrators, created

10  under part II of chapter 468.

11         16.  The Board of Occupational Therapy, created under

12  part III of chapter 468.

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

14  chapter 468.

15         18.  Dietetics and nutrition practice, as provided

16  under part X of chapter 468.

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

18  chapter 468.

19         20.  The Board of Orthotists and Prosthetists, created

20  under part XIV of chapter 468.

21         21.  Electrolysis, as provided under chapter 478.

22         22.  The Board of Massage Therapy, created under

23  chapter 480.

24         23.  The Board of Clinical Laboratory Personnel,

25  created under part III of chapter 483.

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

27  chapter 483.

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

29  chapter 484.

30         26.  The Board of Hearing Aid Specialists, created

31  under part II of chapter 484.


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    SB 878                                         First Engrossed



  1         27.  The Board of Physical Therapy Practice, created

  2  under chapter 486.

  3         28.  The Board of Psychology, created under chapter

  4  490.

  5         29.  School psychologists, as provided under chapter

  6  490.

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

  8  Family Therapy, and Mental Health Counseling, created under

  9  chapter 491.

10

11  The department may contract with the Agency for Health Care

12  Administration who shall provide consumer complaint,

13  investigative, and prosecutorial services required by the

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

15  appropriate.

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

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

18  Supplement, is amended to read:

19         39.001  Purposes and intent; personnel standards and

20  screening.--

21         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

22         (b)  The development of the comprehensive state plan

23  shall be accomplished in the following manner:

24         1.  The department shall establish an interprogram task

25  force comprised of the Assistant Secretary for Children and

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

27  Children and Families Program Office, a representative from

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

29  representative from the Developmental Services Program Office,

30  a representative from the Office of Standards and Evaluation,

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


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    SB 878                                         First Engrossed



  1  Services of the Department of Health, a representative from

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

  3  a representative from the Division of Substance Abuse of the

  4  Department of Health.  Representatives of the Department of

  5  Law Enforcement and of the Department of Education shall serve

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

  7  interprogram task force shall be responsible for:

  8         a.  Developing a plan of action for better coordination

  9  and integration of the goals, activities, and funding

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

11  neglect conducted by the department in order to maximize staff

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

13  included in the state plan.

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

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

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

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

18         c.  Providing the districts with technical assistance

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

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

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

22  have not, informing the districts of the deficiencies and

23  requesting the additional information needed.

24         e.  Preparing the state plan for submission to the

25  Legislature and the Governor.  Such preparation shall include

26  the collapsing of information obtained from the local plans,

27  the cooperative plans with the Department of Education, and

28  the plan of action for coordination and integration of

29  departmental activities into one comprehensive plan.  The

30  comprehensive plan shall include a section reflecting general

31  conditions and needs, an analysis of variations based on


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    SB 878                                         First Engrossed



  1  population or geographic areas, identified problems, and

  2  recommendations for change.  In essence, the plan shall

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

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

  5  include each separate local plan of action.

  6         f.  Working with the specified state agency in

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

  8  5.

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

10  the Department of Health shall work together in developing

11  ways to inform and instruct parents of school children and

12  appropriate district school personnel in all school districts

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

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

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

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

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

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

19  and the Department of Health shall work together in developing

20  ways to inform and instruct appropriate local law enforcement

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

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

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

24         4.  Within existing appropriations, the department

25  shall work with other appropriate public and private agencies

26  to emphasize efforts to educate the general public about the

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

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

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

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

31  plan.


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    SB 878                                         First Engrossed



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

  2  the Department of Health shall work together on the

  3  enhancement or adaptation of curriculum materials to assist

  4  instructional personnel in providing instruction through a

  5  multidisciplinary approach on the identification,

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

  7  neglect.  The curriculum materials shall be geared toward a

  8  sequential program of instruction at the four progressional

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

10  all school districts to utilize the curriculum are to be

11  included in the comprehensive state plan for the prevention of

12  child abuse, abandonment, and neglect.

13         6.  Each district of the department shall develop a

14  plan for its specific geographical area.  The plan developed

15  at the district level shall be submitted to the interprogram

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

17  district local plan of action shall be prepared with the

18  involvement and assistance of the local agencies and

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

20  representatives from those departmental district offices

21  participating in the treatment and prevention of child abuse,

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

23  district administrator in each district shall establish a task

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

25  neglect.  The district administrator shall appoint the members

26  of the task force in accordance with the membership

27  requirements of this section.  In addition, the district

28  administrator shall ensure that each subdistrict is

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

30  have subdistricts, the district administrator shall ensure

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


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    SB 878                                         First Engrossed



  1  force.  The task force shall develop a written statement

  2  clearly identifying its operating procedures, purpose, overall

  3  responsibilities, and method of meeting responsibilities.  The

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

  5  include, but shall not be limited to:

  6         a.  Documentation of the magnitude of the problems of

  7  child abuse, including sexual abuse, physical abuse, and

  8  emotional abuse, and child abandonment and neglect in its

  9  geographical area.

10         b.  A description of programs currently serving abused,

11  abandoned, and neglected children and their families and a

12  description of programs for the prevention of child abuse,

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

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

15         c.  A continuum of programs and services necessary for

16  a comprehensive approach to the prevention of all types of

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

18  description of such programs and services.

19         d.  A description, documentation, and priority ranking

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

21  neglect prevention based upon the continuum of programs and

22  services.

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

24  needs, including the coordination and integration of services

25  to avoid unnecessary duplication and cost, and for alternative

26  funding strategies for meeting needs through the reallocation

27  of existing resources, utilization of volunteers, contracting

28  with local universities for services, and local government or

29  private agency funding.

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    SB 878                                         First Engrossed



  1         f.  A description of barriers to the accomplishment of

  2  a comprehensive approach to the prevention of child abuse,

  3  abandonment, and neglect.

  4         g.  Recommendations for changes that can be

  5  accomplished only at the state program level or by legislative

  6  action.

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

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

  9  amended to read:

10         39.502  Notice, process, and service.--

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

12  illness or with a developmental disability must be informed by

13  the court of the availability of advocacy services through the

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

15  Health, the Association for Retarded Citizens, or other

16  appropriate mental health or developmental disability advocacy

17  groups and encouraged to seek such services.

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

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

20  Supplement, is amended to read:

21         216.136  Consensus estimating conferences; duties and

22  principals.--

23         (9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

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

25  the Office of Economic and Demographic Research, and

26  professional staff who have forecasting expertise from the

27  Department of Juvenile Justice, the Division of Mental Health

28  and Division of Substance Abuse of the Department of Health

29  and Rehabilitative Services Alcohol, Drug Abuse, and Mental

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

31  Senate Appropriations Committee staff, the House of


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    SB 878                                         First Engrossed



  1  Representatives Appropriations Committee staff, or their

  2  designees, are the principals of the Juvenile Justice

  3  Estimating Conference. The responsibility of presiding over

  4  sessions of the conference shall be rotated among the

  5  principals. To facilitate policy and legislative

  6  recommendations, the conference may call upon professional

  7  staff of the Juvenile Justice Accountability Advisory Board

  8  and appropriate legislative staff.

  9         Section 7.  Effective January 1, 2000, section 322.055,

10  Florida Statutes, is amended to read:

11         322.055  Revocation or suspension of, or delay of

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

13  or older convicted of certain drug offenses.--

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

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

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

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

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

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

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

21  deemed necessary by the evaluating agency, completes a drug

22  treatment and rehabilitation program approved or regulated by

23  the Department of Health and Rehabilitative Services. However,

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

25  to issue a license for driving privileges restricted to

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

27  322.271, if the person is otherwise qualified for such a

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

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

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

31  restoration of the driving privilege on a restricted or


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    SB 878                                         First Engrossed



  1  unrestricted basis depending on length of suspension or

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

  3  until 6 months of the suspension or revocation period has

  4  expired.

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

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

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

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

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

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

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

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

13  deemed necessary by the evaluating agency, completes a drug

14  treatment and rehabilitation program approved or regulated by

15  the Department of Health and Rehabilitative Services. However,

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

17  to issue a license for driving privileges restricted to

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

19  322.271, if the person is otherwise qualified for such a

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

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

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

23  restoration of the driving privilege on a restricted or

24  unrestricted basis depending on the length of suspension or

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

26  until 6 months of the suspension or revocation period has

27  expired.

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

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

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

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


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    SB 878                                         First Engrossed



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

  2  direct the department to extend the period of such suspension

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

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

  5  evaluating agency, completes a drug treatment and

  6  rehabilitation program approved or regulated by the Department

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

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

  9  license for driving privileges restricted to business or

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

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

12  whose license or driving privilege has been suspended or

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

14  expiration of 6 months, petition the department for

15  restoration of the driving privilege on a restricted or

16  unrestricted basis depending on the length of suspension or

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

18  until 6 months of the suspension or revocation period has

19  expired.

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

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

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

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

24  license or driving privilege, the court shall direct the

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

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

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

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

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

30  by the evaluating agency, completes a drug treatment and

31  rehabilitation program approved or regulated by the Department


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    SB 878                                         First Engrossed



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

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

  3  license for driving privileges restricted to business or

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

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

  6  whose license or driving privilege has been suspended or

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

  8  expiration of 6 months, petition the department for

  9  restoration of the driving privilege on a restricted or

10  unrestricted basis depending on the length of suspension or

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

12  until 6 months of the suspension or revocation period has

13  expired.

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

15  department each conviction for the possession or sale of,

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

17  a controlled substance.

18         Section 8.  Effective January 1, 2000, subsection (1)

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

20  amended to read:

21         393.11  Involuntary admission to residential

22  services.--

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

24  and requires involuntary admission to residential services

25  provided by the developmental services program of the

26  Department of Children and Family Health and Rehabilitative

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

28  resides shall have jurisdiction to conduct a hearing and enter

29  an order involuntarily admitting the person in order that the

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

31  rehabilitation which the person needs.  For the purpose of


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    SB 878                                         First Engrossed



  1  identifying mental retardation, diagnostic capability shall be

  2  established in every program function of the department in the

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

  4  children and families; delinquency services; alcohol, drug

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

  6  in delinquency programs and services of the Department of

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

  8  Division of Substance Abuse of the Department of Health,

  9  services, and by the Division of Vocational Rehabilitation of

10  the Department of Labor and Employment Security. Except as

11  otherwise specified, the proceedings under this section shall

12  be governed by the Florida Rules of Civil Procedure.

13         Section 9.  Effective January 1, 2000, section 394.453,

14  Florida Statutes, is amended to read:

15         394.453  Legislative intent.--It is the intent of the

16  Legislature to authorize and direct the Department of Health

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

18  recommend to the Governor and the Legislature programs

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

20  disabling aspects of mental, emotional, and behavioral

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

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

23  to, comprehensive health, social, educational, and

24  rehabilitative services to persons requiring intensive

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

26  to assume responsibility for their treatment and recovery.  It

27  is intended that such persons be provided with emergency

28  service and temporary detention for evaluation when required;

29  that they be admitted to treatment facilities on a voluntary

30  basis when extended or continuing care is needed and

31  unavailable in the community; that involuntary placement be


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    SB 878                                         First Engrossed



  1  provided only when expert evaluation determines that it is

  2  necessary; that any involuntary treatment or examination be

  3  accomplished in a setting which is clinically appropriate and

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

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

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

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

  8  is the further intent of the Legislature that the least

  9  restrictive means of intervention be employed based on the

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

11  services.

12         Section 10.  Effective January 1, 2000, subsections (8)

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

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

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

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

17         394.455  Definitions.--As used in this part, unless the

18  context clearly requires otherwise, the term:

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

20  Children and Family Services.

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

22  Children and Family Services.

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

24  community service area that may be established by the

25  department for the purpose of providing substance abuse and

26  mental health services.

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

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

29         394.457  Operation and administration.--

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

31  Rehabilitative Services is designated the "Mental Health


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

  2  Health Care Administration shall exercise executive and

  3  administrative supervision over all mental health facilities,

  4  programs, and services.

  5         Section 12.  Effective January 1, 2000, subsection (3)

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

  7  amended to read:

  8         394.4574  Department responsibilities for a mental

  9  health resident who resides in an assisted living facility

10  that holds a limited mental health license.--

11         (3)  The Secretary of Health Children and Family

12  Services, in consultation with the Agency for Health Care

13  Administration, shall annually require each district's staff

14  district administrator to develop, with community input,

15  detailed plans that demonstrate how the district will ensure

16  the provision of state-funded mental health and substance

17  abuse treatment services to residents of assisted living

18  facilities that hold a limited mental health license. These

19  plans must be consistent with the substance alcohol, drug

20  abuse, and mental health district plan developed pursuant to

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

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

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

24  needs of the residents; and access to emergency psychiatric

25  care.

26         Section 13.  Effective January 1, 2000, paragraph (d)

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

28  amended to read:

29         394.4615  Clinical records; confidentiality.--

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

31


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    SB 878                                         First Engrossed



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

  2  to, the Department of Corrections from the Department of

  3  Health and Rehabilitative Services, and the Department of

  4  Corrections requests such records.  These records shall be

  5  furnished without charge to the Department of Corrections.

  6         Section 14.  Effective January 1, 2000, paragraph (e)

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

  8  amended to read:

  9         394.4674  Plan and report.--

10         (2)  The department shall prepare and submit a

11  semiannual report to the Legislature, until the conditions

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

13  not be limited to:

14         (e)  Any evidence of involvement between the Division

15  of Mental Health and Division of Substance Abuse and the

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

17  other divisions of the department and program offices within

18  the Department of Children and Family Services, and between

19  the department and other state and private agencies and

20  individuals, to accomplish the deinstitutionalization of

21  patients in this age group.

22         Section 15.  Effective January 1, 2000, subsection (1)

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

24  amended to read:

25         394.4781  Residential care for psychotic and

26  emotionally disturbed children.--

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

28         (a)  "psychotic or severely emotionally disturbed

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

30  clinical psychologist who has specialty training and

31  experience with children.  Such a severely emotionally


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  1  disturbed child or psychotic child shall be considered by this

  2  diagnosis to benefit by and require residential care as

  3  contemplated by this section.

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

  5  Rehabilitative Services.

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

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

  8         394.47865  South Florida State Hospital;

  9  privatization.--

10         (1)  The department of Children and Family Services

11  shall, through a request for proposals, privatize South

12  Florida State Hospital. The department shall plan to begin

13  implementation of this privatization initiative by July 1,

14  1998.

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

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

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

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

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

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

21  components of this procurement to a statutorily established

22  state governmental entity that has successfully contracted

23  with private companies for designing, financing, acquiring,

24  leasing, constructing, and operating major privatized state

25  facilities.

26         (b)  The selected contractor is authorized to sponsor

27  the issuance of tax-exempt bonds, certificates of

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

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

30  agreement for the treatment facility.

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    SB 878                                         First Engrossed



  1         Section 17.  Effective January 1, 2000, section

  2  394.480, Florida Statutes, is amended to read:

  3         394.480  Compact administrator.--Pursuant to said

  4  compact, the Secretary of Health and Rehabilitative Services

  5  shall be the compact administrator who, acting jointly with

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

  7  promulgate rules and regulations to carry out more effectively

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

  9  authorized, empowered, and directed to cooperate with all

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

11  of this state and its subdivisions in facilitating the proper

12  administration of the compact of any supplementary agreement

13  or agreements entered into by this state thereunder.

14         Section 18.  Effective January 1, 2000, subsections (1)

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

16  are amended to read:

17         394.493  Target populations for child and adolescent

18  mental health services funded through the department.--

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

20  care funded through the Department of Health Children and

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

22  available, the following groups of children and adolescents

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

24  placed in state custody:

25         (a)  Children and adolescents who are experiencing an

26  acute mental or emotional crisis.

27         (b)  Children and adolescents who have a serious

28  emotional disturbance or mental illness.

29         (c)  Children and adolescents who have an emotional

30  disturbance.

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    SB 878                                         First Engrossed



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

  2  emotional disturbance.

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

  4  population criteria of this section shall be served to the

  5  extent possible within available resources and consistent with

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

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

  8  child and adolescent mental health services.

  9         Section 19.  Effective January 1, 2000, paragraph (a)

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

11  Supplement, is amended to read:

12         394.498  Child and Adolescent Interagency System of

13  Care Demonstration Models.--

14         (4)  ESSENTIAL ELEMENTS.--

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

16  Interagency System of Care Demonstration Model, the applicant

17  must demonstrate its capacity to perform the following

18  functions:

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

20  least three of the following agencies:

21         a.  The Mental Health Program and Family Safety and

22  Preservation Program of the Department of Children and Family

23  Services.

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

25  Health.

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

27  Care Administration.

28         d.c.  The local school district.

29         e.d.  The Department of Juvenile Justice.

30

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  1  Each agency that participates in the consortium shall enter

  2  into a written interagency agreement that defines each

  3  agency's responsibilities.

  4         2.  Establish an oversight body that is responsible for

  5  directing the demonstration model. The oversight body must

  6  include representatives from the state agencies that comprise

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

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

  9  and other community entities. The responsibilities of the

10  oversight body must be specified in writing.

11         3.  Select a target population of children and

12  adolescents, regardless of whether the child or adolescent is

13  eligible or ineligible for Medicaid, based on the following

14  parameters:

15         a.  The child or adolescent has a serious emotional

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

17  based on an assessment conducted by a licensed practitioner

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

19  professional licensed under chapter 491;

20         b.  The total service costs per child or adolescent

21  have exceeded $3,000 per month;

22         c.  The child or adolescent has had multiple

23  out-of-home placements;

24         d.  The existing array of services does not effectively

25  meet the needs of the child or adolescent;

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

27  staffed by a district collaborative planning team and

28  satisfactory results have not been achieved through existing

29  case services plans; and

30

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

  2  adolescent consents to participating in the demonstration

  3  model.

  4         4.  Select a geographic site for the demonstration

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

  6  counties and may include multiple service districts of the

  7  Department of Children and Family Services.

  8         5.  Develop a mechanism for selecting the pool of

  9  children and adolescents who meet the criteria specified in

10  this section for participating in the demonstration model.

11         6.  Establish a pooled funding plan that allocates

12  proportionate costs to the purchasers. The plan must address

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

14  may not be identified in the plan by legislative appropriation

15  category or any other state or federal funding category.

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

17  analysis of expenditures made by each participating state

18  agency during the previous 2 fiscal years in which services

19  were provided for the target population or for individuals who

20  have characteristics that are similar to the target

21  population.

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

23  shall be collected from each of the participating state

24  agencies and deposited into a central financial account.

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

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

27  individual services specified in a services plan.

28         7.  Identify a care management entity that reports to

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

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

31  assumes responsibility for the organization, planning,


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    SB 878                                         First Engrossed



  1  purchasing, and management of mental health treatment services

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

  3  management entity may not provide direct services to the

  4  target population. The care management entity shall:

  5         a.  Manage the funds of the demonstration model within

  6  budget allocations. The administrative costs associated with

  7  the operation of the demonstration model must be itemized in

  8  the entity's operating budget.

  9         b.  Purchase individual services in a timely manner.

10         c.  Review the completed client assessment information

11  and complete additional assessments that are needed, including

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

13  his or her family.

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

15  unified services plan for the child or adolescent, in

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

17  the parents and other family members of the child or

18  adolescent, friends and community-based supporters of the

19  child or adolescent, and appropriate service providers who are

20  familiar with the problems and needs of the child or

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

22  statement concerning the strengths of the child or adolescent

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

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

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

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

27  parents of the child or adolescent.

28         e.  Identify a network of providers that meet the

29  requirements of paragraph (b).

30

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    SB 878                                         First Engrossed



  1         f.  Identify informal, unpaid supporters, such as

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

  3  organizations, clubs, and churches.

  4         g.  Identify additional service providers who can work

  5  effectively with the child or adolescent and his or her

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

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

  8  care worker.

  9         h.  Implement a case management system that

10  concentrates on the strengths of the child or adolescent and

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

12  and implementation activities. The case manager is primarily

13  responsible for developing the services plan and shall report

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

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

16  The parents must be informed about contacting the care

17  management entity or comparable entity to address concerns of

18  the parents.

19

20  Each person or organization that performs any of the care

21  management responsibilities specified in this subparagraph is

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

23  care management responsibilities do not preclude the person or

24  organization from performing other responsibilities for

25  another agency or provider.

26         8.  Develop a mechanism for measuring compliance with

27  the goals of the demonstration models specified in subsection

28  (2), which mechanism includes qualitative and quantitative

29  performance outcomes, report on compliance rates, and conduct

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

31  measuring compliance must include the outcomes and measures


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    SB 878                                         First Engrossed



  1  established in the General Appropriations Act and the outcomes

  2  and measures that are unique to the demonstration models.

  3         9.  Develop mechanisms to ensure that family

  4  representatives have a substantial role in planning the

  5  demonstration model and in designing the instrument for

  6  measuring the effectiveness of services provided.

  7         10.  Develop and monitor grievance procedures.

  8         11.  Develop policies to ensure that a child or

  9  adolescent is not rejected or ejected from the demonstration

10  model because of a clinical condition or a specific service

11  need.

12         12.  Develop policies to require that a participating

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

14  entire duration.

15         13.  Obtain training for the staff involved in all

16  aspects of the project.

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

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

19  amended to read:

20         394.4985  Districtwide information and referral

21  network; implementation.--

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

23  Children and Family Services shall develop a detailed

24  implementation plan for a districtwide comprehensive child and

25  adolescent mental health information and referral network to

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

27  operating budget that demonstrates cost efficiencies and

28  identifies funding sources for the district information and

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

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

31  existing district information and referral providers if, in


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    SB 878                                         First Engrossed



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

  2  providers would deliver information and referral services in a

  3  more efficient and effective manner when compared to other

  4  alternatives. The district information and referral network

  5  must include:

  6         (a)  A resource file that contains information about

  7  the child and adolescent mental health services as described

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

  9         1.  Type of program;

10         2.  Hours of service;

11         3.  Ages of persons served;

12         4.  Program description;

13         5.  Eligibility requirements; and

14         6.  Fees.

15         (b)  Information about private providers and

16  professionals in the community which serve children and

17  adolescents with an emotional disturbance.

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

19  are received through the network referral process, including,

20  but not limited to:

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

22         2.  Ages of the children and adolescents for whom

23  services are requested; and

24         3.  Type of referral made by the network.

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

26  appropriate community agencies.

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

28  department, the Agency for Health Care Administration, the

29  Department of Children and Family Services, and appropriate

30  local government entities, which contains information about

31  the sources and frequency of requests for information, types


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    SB 878                                         First Engrossed



  1  and frequency of services requested, and types and frequency

  2  of referrals made.

  3         Section 21.  Effective January 1, 2000, section 394.65,

  4  Florida Statutes, is amended to read:

  5         394.65  Short title.--This part may be cited shall be

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

  7  Mental Health Services Act."

  8         Section 22.  Effective January 1, 2000, section 394.66,

  9  Florida Statutes, is amended to read:

10         394.66  Legislative intent with respect to substance

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

12  intent of the Legislature to:

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

14  citizens of the state through a system of comprehensive,

15  coordinated substance alcohol, drug abuse, and mental health

16  services.

17         (2)  Involve local citizens in the planning of

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

19  their communities.

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

21  of Health and Rehabilitative Services and its contractors are

22  directed toward the coordination with programs of the

23  Department of Children and Family Services in of planning

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

25  treatment services.

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

27  state with priority of attention being given to individuals

28  exhibiting symptoms of acute or chronic mental illness or

29  substance abuse, alcohol abuse, or drug abuse.

30

31


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    SB 878                                         First Engrossed



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

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

  3  facility into the community.

  4         (6)  Provide accountability for service provision

  5  through statewide standards for management, monitoring, and

  6  reporting of information.

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

  8  health services as a component of the integrated service

  9  delivery system of the Department of Health and Rehabilitative

10  Services.

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

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

13  abuse, and mental health planning activities, including budget

14  submissions, grant applications, contracts, and other

15  arrangements that can be effected at the district level.

16         (9)  Organize and finance community substance alcohol,

17  drug abuse, and mental health services in local communities

18  throughout the state through locally administered service

19  delivery programs that maximize the involvement of local

20  citizens.

21         Section 23.  Effective January 1, 2000, section 394.67,

22  Florida Statutes, 1998 Supplement is amended to read:

23         394.67  Definitions.--As used in this part, the term:

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

25  council.

26         (1)(2)  "Agency" means the Agency for Health Care

27  Administration.

28         (2)(3)  "Applicant" means an individual applicant, or

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

30  person, or any partner or shareholder having an ownership

31


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    SB 878                                         First Engrossed



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

  2  corporation, partnership, or other business entity.

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

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

  5  health facility, program, or service, which facility, program,

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

  7  the department or regulated by the agency.

  8         (4)(5)  "Crisis stabilization unit" means a program

  9  that provides an alternative to inpatient hospitalization and

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

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

12  disturbed state.

13         (5)(6)  "Department" means the Department of Health

14  Children and Family Services.

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

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

17  designee.

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

19  of directors reported in the organization's annual corporate

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

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

22  directors. The term excludes members of separate, restricted

23  boards that serve only in an advisory capacity to the

24  operating board.

25         (8)  "District administrator" means the person

26  appointed by the Secretary of Children and Family Services for

27  the purpose of administering a department service district as

28  set forth in s. 20.19.

29         (8)(9)  "District plan" or "plan" means the combined

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

31  approved by the district staff with the advice and


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    SB 878                                         First Engrossed



  1  participation of the local health council administrator and

  2  governing bodies in accordance with this part.

  3         (9)(10)  "Federal funds" means funds from federal

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

  5  facilities and programs, exclusive of federal funds that are

  6  deemed eligible by the Federal Government, and are eligible

  7  through state regulation, for matching purposes.

  8         (10)(11)  "Governing body" means the chief legislative

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

10  of county commissioners in counties acting jointly, or their

11  counterparts in a charter government.

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

13  in accordance with this chapter.

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

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

16  local health councils shall be involved in assessing the

17  substance abuse and mental health needs of the community and

18  shall participate in the development of a plan to address

19  those needs.

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

21  governing bodies of local government, including city

22  commissions, county commissions, district school boards,

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

24  both individual and corporate, and bequests and funds received

25  from community drives or any other sources.

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

27  other similarly titled individual who is responsible for the

28  daily operation of the facility.

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

30  community substance alcohol, drug abuse, or mental health

31  facility for services rendered to clients from any source of


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    SB 878                                         First Engrossed



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

  2  sources.

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

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

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

  6  acute or residential care which are located in such reasonable

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

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

  9  licensee.

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

11  and Mental Health Program Office of the Department of Children

12  and Family Services.

13         (17)(18)  "Residential treatment facility" means a

14  facility providing residential care and treatment to

15  individuals exhibiting symptoms of mental illness who are in

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

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

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

19  community service area district as established by the

20  department under s. 20.19 for the purpose of providing

21  community substance alcohol, drug abuse, and mental health

22  services.

23         (19)(20)  "Service provider" means any agency in which

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

25  394.675 are carried out.

26         Section 24.  Effective January 1, 2000, section

27  394.675, Florida Statutes, is amended to read:

28         394.675  Substance Alcohol, drug abuse, and mental

29  health service system.--

30

31


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    SB 878                                         First Engrossed



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

  2  abuse, and mental health services shall be established as

  3  follows:

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

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

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

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

  8  alcohol abusers to provide them with immediate care and

  9  treatment in crisis situations and to prevent further

10  deterioration or exacerbation of their conditions.  These

11  services include, but are not limited to,

12  emergency-stabilization services, detoxification services,

13  inpatient services, residential services, and case management

14  services.

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

16  are made available to the general population at risk of

17  serious mental health problems or substance abuse problems or

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

19  services are designed to prepare or train persons to function

20  within the limits of their disabilities, to restore previous

21  levels of functioning, or to improve current levels of

22  inadequate functioning. Rehabilitative services include, but

23  are not limited to, outpatient services, day treatment

24  services, and partial hospitalization services.

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

26  made available to the general population for the purpose of

27  preventing or ameliorating the effects of alcohol abuse, drug

28  abuse, or mental illness.  These services emphasize the

29  reduction of the occurrence of emotional disorders, mental

30  disorders, and substance abuse through public education, early

31  detection, and timely intervention.  Preventive services


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    SB 878                                         First Engrossed



  1  include consultation, public education, and prevention

  2  services which have been determined through the district

  3  planning process to be necessary to complete a continuum of

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

  5  the district plan.

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

  7  which are provided through state and federal sources for

  8  specific services shall be used for those purposes.

  9         Section 25.  Effective January 1, 2000, section 394.73,

10  Florida Statutes, is amended to read:

11         394.73  Joint substance alcohol, drug abuse, and mental

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

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

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

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

16  health services as the department has under existing statutes.

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

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

19  services in accordance with the district plan, the counties

20  within a service district may enter into agreements with each

21  other for the establishment of joint service programs.  The

22  agreements may provide for the joint provision or operation of

23  services and facilities or for the provision or operation of

24  services and facilities by one participating county under

25  contract with other participating counties.

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

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

28  department planning council to submit to the governing bodies,

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

30  estimate of the proportionate share of costs of substance

31


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    SB 878                                         First Engrossed



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

  2  borne by each such governing body.

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

  4  program may submit to the district staff administrator a

  5  resolution requesting withdrawal therefrom together with a

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

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

  8  program.

  9         Section 26.  Effective January 1, 2000, section 394.74,

10  Florida Statutes, is amended to read:

11         394.74  Contracts for provision of local substance

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

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

14  purposes, is authorized to contract for the establishment and

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

16  health programs with any hospital, clinic, laboratory,

17  institution, or other appropriate service provider.

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

19  approved district plan and the service priorities established

20  in s. 394.75(4).

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

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

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

24  services shall be available to any individual residing or

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

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

27  other factor;

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

29  priority of attention being given to individuals who exhibit

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

31


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    SB 878                                         First Engrossed



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

  2  services;

  3         (c)  A provision that every reasonable effort to

  4  collect appropriate reimbursement for the cost of providing

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

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

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

  8  providing services pursuant to this part act;

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

10  budget by program service component for substance alcohol,

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

12  proposed operating budget for the service provider will be

13  displayed; and

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

15  department rules and the priorities established thereunder.

16         (4)  The department shall develop standard contract

17  forms for use between the department district administrator

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

19  service providers.

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

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

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

23  by entering into an arrangement with the department district

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

25  of the district plan.

26         Section 27.  Effective January 1, 2000, section 394.75,

27  Florida Statutes, is amended to read:

28         394.75  District substance alcohol, drug abuse, and

29  mental health plans.--

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

31  local health planning council, shall prepare a combined


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    SB 878                                         First Engrossed



  1  district substance alcohol, drug abuse, and mental health

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

  3  shall be reviewed annually and shall reflect both the program

  4  priorities established by the department and the needs of the

  5  district. The district staff has primary responsibility for

  6  the preparation of the plan and the inclusion of the

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

  8  responsibility for identifying the substance abuse and mental

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

10  services board of the Department of Children and Family

11  Services shall be afforded the opportunity to participate in

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

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

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

15  service providers that will receive state funds.  The entire

16  proposed operating budget for each service provider shall be

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

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

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

20  planning council to the department district administrator and

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

22  provided in subsection (9).

23         (2)  The plan shall:

24         (a)  Provide a projection of district program and

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

26  and economical development of needed services, and indicate

27  priorities and anticipated expenditures and revenues.

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

29  district substance alcohol, drug abuse, and mental health

30  program which shall include the funding priorities established

31  by the district planning process.


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    SB 878                                         First Engrossed



  1         (c)  Provide a basis for the district legislative

  2  budget request.

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

  4  funds.

  5         (e)  Include a procedure for securing local matching

  6  funds. Such a procedure shall be developed in consultation

  7  with governing bodies and service providers.

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

  9  drug abuse, and mental health services with the other

10  departmental programs, and with the programs of the Department

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

12  system within the district.

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

14  such manner as to ensure effectiveness and avoid duplication,

15  fragmentation of services, and unnecessary expenditures.

16         (h)  Provide for continuity of client care between

17  state treatment facilities and community programs.

18         (i)  Provide for the most appropriate and economical

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

20         (j)  Provide for the fullest possible and most

21  appropriate participation by existing programs; state

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

23  and family service agencies; drug abuse and alcoholism

24  programs; probation departments; physicians; psychologists;

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

26  other public and private agencies and personnel which are

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

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

29  substance alcohol, drug abuse, and mental health resources

30  within the district, including consumer advocacy groups

31  registered with the department.


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    SB 878                                         First Engrossed



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

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

  3  provided given the resources available in the service

  4  district.

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

  6  needs of the following population groups having priority will

  7  be addressed in the district:

  8         (a)  Chronic public inebriates;

  9         (b)  Marginally functional alcoholics;

10         (c)  Chronic opiate abusers;

11         (d)  Poly-drug abusers;

12         (e)  Chronically mentally ill individuals;

13         (f)  Acutely mentally ill individuals;

14         (g)  Severely emotionally disturbed children and

15  adolescents;

16         (h)  Elderly persons at high risk of

17  institutionalization; and

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

19  mental health treatment facility.

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

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

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

23  planning.

24         (6)  The local health planning council shall establish

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

26  relating to children and adolescents. The subcommittee shall

27  include representative membership of any committee organized

28  or established within by the district to review placement of

29  children and adolescents in residential treatment programs.

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

31  public agencies shall cooperate with officials to assist them


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    SB 878                                         First Engrossed



  1  in service planning. The department Each district

  2  administrator shall, upon request and the availability of

  3  staff, provide consultative services to the local agency

  4  directors and governing bodies.

  5         (8)  The district staff administrator shall ensure that

  6  the district plan:

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

  8  requirements of this part, and the standards adopted under

  9  this part;

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

11  will be made of available public and private substance

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

13  service district; and

14         (c)  Has adequate provisions made for review and

15  evaluation of the services provided in the service district.

16         (9)  The deputy secretary district administrator shall

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

18  deems necessary to bring the plan into conformance with the

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

20  council and the district staff administrator cannot agree on

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

22  dispute shall be submitted directly to the deputy secretary of

23  the department for immediate resolution.

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

25  the authority to require necessary modification to only that

26  portion of the district plan which affects substance alcohol,

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

28  jurisdiction of that governing body.

29         (11)  The deputy secretary district administrator shall

30  report annually to the local health district planning council

31


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    SB 878                                         First Engrossed



  1  the status of funding for priorities established in the

  2  district plan.  Each report must include:

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

  4  were included in the district legislative budget request.;

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

  6  were included in the departmental budget request. prepared

  7  under s. 20.19;

  8         (c)  A description of the programs and services

  9  included in the district plan priorities that were

10  appropriated funds by the Legislature in the legislative

11  session that preceded the report.

12         Section 28.  Effective January 1, 2000, section 394.76,

13  Florida Statutes, is amended to read:

14         394.76  Financing of district programs and

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

16  the General Appropriations Act or the substantive bill

17  implementing the General Appropriations Act, such funding

18  level shall be provided as follows:

19         (1)  The deputy secretary district administrator shall

20  ensure that, to the extent possible within available

21  resources, a continuum of integrated and comprehensive

22  services will be available within the district.

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

24  appropriation is insufficient to finance the programs and

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

26  authority to determine the amount of state funds available to

27  each service district for such purposes in accordance with the

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

29  staff administrator shall consult with the local health

30  planning council to ensure that the summary operating budget

31  conforms to the approved plan.


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    SB 878                                         First Engrossed



  1         (3)  The state share of financial participation shall

  2  be determined by the following formula:

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

  4  a percentage of the net balance determined by deducting from

  5  the total operating cost of services and programs, as

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

  7  ineligible for state participation as provided in subsection

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

  9  the department pursuant to s. 394.78.

10         (b)  Residential and case management services which are

11  funded as part of a deinstitutionalization project shall not

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

13  matching funds.  The state and federal financial participation

14  portions of Medicaid earnings pursuant to Title XIX of the

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

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

17  general revenue that is shifted from any other substance

18  alcohol, drug abuse, and mental health appropriation category

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

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

21  matching funds are not required for general revenue

22  transferred by the department into substance alcohol, drug

23  abuse, and mental health appropriations categories during a

24  fiscal year to match federal funds earned from Medicaid

25  services provided for mental health clients in excess of the

26  amounts initially appropriated. Funds for children's services

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

28  Services budget which did not require local match prior to

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

30  Health Services budget shall be exempt from local matching

31  requirements.  All other contracted community alcohol and


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    SB 878                                         First Engrossed



  1  mental health services and programs, except as identified in

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

  3  state-to-local ratio.

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

  5  payments and fees shall be considered as eligible for state

  6  financial participation if such expenditures are in accordance

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

  8         (d)  Fees generated by residential and case management

  9  services which are funded as part of a deinstitutionalization

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

11  to support program costs approved in the district plan.

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

13  Security Act in excess of the amount appropriated shall be

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

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

16  the department is authorized to develop and demonstrate

17  alternative financing systems for substance alcohol, drug

18  abuse, and mental health services.  Proposals for

19  demonstration projects conducted pursuant to this subsection

20  shall be reviewed by the substantive and appropriations

21  committees of the Senate and the House of Representatives

22  prior to implementation of the projects.

23         (5)  The department is authorized to make

24  investigations and to require audits of expenditures.  The

25  department may authorize the use of private certified public

26  accountants for such audits.  Audits shall follow department

27  guidelines.

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

29  form and in such manner as the department determines.

30         (7)  The expenditures which are subject to state

31  payment include expenditures that are approved in the district


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  1  plan for: salaries of personnel; approved facilities and

  2  services provided through contract; operation, maintenance,

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

  4  expenditures as may be approved by the department district

  5  administrator.  Such expenditures do not include expenditures

  6  for compensation to members of a community agency board,

  7  except the actual and necessary expenses incurred in the

  8  performance of official duties, or expenditures for a purpose

  9  for which state payment is claimed under any other provision

10  of law.

11         (8)  Expenditures for capital improvements relating to

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

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

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

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

16  Nothing shall prohibit the use of such expenditures for the

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

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

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

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

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

22  health services shall be matched by local matching funds as

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

24  district or subdistrict shall be required to participate in

25  the funding of alcohol and mental health services under the

26  jurisdiction of such governing bodies. The amount of the

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

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

29  state funds.

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

31  notwithstanding, no additional matching funds may be required


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  1  solely due to the addition in the General Appropriations Act

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

  3  for local community mental health centers and alcohol project

  4  grants.

  5         (10)  A local governing body is authorized to

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

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

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

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

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

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

12  recipient of the disbursement without prior audit by the

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

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

15  purposes as provided in the approved district plan.  Each

16  governing body appropriating and disbursing moneys pursuant to

17  this subsection shall require the expenditure of such moneys

18  by the recipient of the disbursement to be audited annually

19  either in conjunction with an audit of other expenditures or

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

21  the governing bodies of each participating county and

22  municipality for their examination.

23         (11)  No additional local matching funds shall be

24  required solely due to the addition in the General

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

26  Block Grant Funds for local community mental health centers,

27  drug abuse programs, and alcohol project grants.

28         Section 29.  Effective January 1, 2000, subsection (1)

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

30

31


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  1         394.77  Uniform management information, accounting, and

  2  reporting systems for providers.--The department shall

  3  establish, for the purposes of control of costs:

  4         (1)  A uniform management information system and fiscal

  5  accounting system for use by providers of community substance

  6  alcohol, drug abuse, and mental health services.

  7         Section 30.  Effective January 1, 2000, section 394.78,

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

  9         394.78  Operation and administration; personnel

10  standards; procedures for audit and monitoring of service

11  providers; resolution of disputes.--

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

13  Services shall administer this part and shall adopt rules

14  necessary for its administration. In addition to other

15  rulemaking authority, the department may adopt financial rules

16  relating to conflicts of interest; related party transactions;

17  full disclosure of revenue funds and expenses; charts of

18  accounts for state reporting; auditing; penalties for

19  nonperformance; benefit packages; performance outcomes,

20  including client satisfaction and functional assessments;

21  nonpayment and suspended payments for failure to timely submit

22  required client service reports; and client financial

23  eligibility requirements.

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

25  accordance with the Administrative Procedure Act under chapter

26  120.

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

28  of education and experience for professional and technical

29  personnel employed in substance alcohol, drug abuse, and

30  mental health programs.

31


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

  2  possible, a standardized auditing procedure for substance

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

  4  audits of service providers shall be conducted pursuant to

  5  such procedure and the applicable department rules.  Such

  6  procedure shall be supplied to all current and prospective

  7  contractors and subcontractors prior to the signing of any

  8  contracts.

  9         (4)  The department shall monitor service providers for

10  compliance with contracts and applicable state and federal

11  regulations. If an adult substance abuse services provider

12  fails to meet the performance standards established in the

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

14  exceed 6 months, for the provider to correct performance

15  deficiencies. If the performance deficiencies are not resolved

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

17  department must cancel the contract with the adult substance

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

19  the service area.  A representative of the district planning

20  council shall be represented on the monitoring team.

21         (5)  In unresolved disputes regarding this part or

22  rules established pursuant to this part, providers and

23  district planning councils shall adhere to formal procedures

24  as provided by the rules established by the department.

25         Section 31.  Effective January 1, 2000, section 394.79,

26  Florida Statutes, is amended to read:

27         394.79  State substance alcohol, drug abuse, and mental

28  health plan.--

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

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

31


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

  2  include:

  3         (a)  The current and projected need for substance

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

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

  6  being addressed by existing services.

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

  8  that will evaluate the effectiveness of programs and services

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

10  mental health service system.

11         (c)  A proposal to resolve the funding discrepancies

12  between districts.

13         (d)  A methodology for the allocation of resources

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

15  description of the current level of funding available from

16  each source.

17         (e)  A description of the statewide priorities for

18  clients and services and each district's priorities for

19  clients and services.

20         (f)  Recommendations for methods of enhancing local

21  participation in the planning, organization, and financing of

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

23         (g)  A description of the current methods of

24  contracting for services, an assessment of the efficiency of

25  these methods in providing accountability for contracted

26  funds, and recommendations for improvements to the system of

27  contracting.

28         (h)  Recommendations for improving access to services

29  by clients and their families.

30         (i)  Guidelines and formats for the development of

31  district plans.


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  1         (j)  Recommendations for future directions for the

  2  substance alcohol, drug abuse, and mental health service

  3  delivery system.

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

  5  consultation with district staff administrators, state

  6  treatment facility administrators, and local health district

  7  planning councils.

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

  9  Legislature and each local health district planning council.

10  A summary budget request and a summary statement of priorities

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

12         Section 32.  Effective January 1, 2000, subsection (9)

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

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

15         397.311  Definitions.--As used in this chapter, except

16  part VIII:

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

18  Rehabilitative Services.

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

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

21  agency under this chapter, a physician licensed under chapter

22  458 or chapter 459, or any other private practitioner licensed

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

24  which offers substance abuse impairment services through one

25  or more of the following licensable service components:

26         (a)  Addictions receiving facility, which is a

27  community-based facility designated by the department to

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

29  abuse impaired, in need of emergency treatment for substance

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

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


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  1  397.675, and to provide detoxification and stabilization.  An

  2  addictions receiving facility must be state-owned,

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

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

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

  6  include specific authorization for the provision of levels of

  7  care and a requirement of separate accommodations for adults

  8  and minors. Addictions receiving facilities are designated as

  9  secure facilities to provide an intensive level of care and

10  must have sufficient staff and the authority to provide

11  environmental security to handle aggressive and

12  difficult-to-manage behavior and deter elopement.

13         Section 33.  Effective January 1, 2000, subsections

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

15  1998 Supplement, are amended to read:

16         397.321  Duties of the department.--The department

17  shall:

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

19  actively seek additional funding to enhance resources for

20  prevention, intervention, and treatment services, including

21  but not limited to the development of partnerships with:

22         (a)  Private industry.

23         (b)  Interdepartmental program offices, including, but

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

25  health services; economic self-sufficiency services; and

26  children's medical services.

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

28  Departments of Children and Family Services, Corrections,

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

30         (17)  Provide sufficient and qualified staff to oversee

31  all contracting, licensing, and planning functions within each


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    SB 878                                         First Engrossed



  1  of its district offices, as permitted by legislative

  2  appropriation.

  3         (17)(18)  Ensure that the department develops and

  4  ensures the implementation of procedures between its Division

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

  6  and Mental Health Program Office and other departmental

  7  programs, particularly the Department of Children and Family

  8  Services and the Department of Juvenile Justice Children and

  9  Families Program Office and the delinquency Services Program

10  Office, regarding the referral of substance abuse impaired

11  persons to service providers, information on service

12  providers, information on methods of identifying substance

13  abuse impaired juveniles, and procedures for referring such

14  juveniles to appropriate service providers.

15         Section 34.  Effective January 1, 2000, section

16  397.481, Florida Statutes, is amended to read:

17         397.481  Applicability of Community Substance Alcohol,

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

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

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

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

22         Section 35.  Effective January 1, 2000, subsections (2)

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

24  are amended to read:

25         397.706  Screening, assessment, and disposition of

26  juvenile offenders.--

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

28  with the department district administration, shall establish

29  policies and procedures to ensure that juvenile offenders are

30  appropriately screened for substance abuse problems and that

31  diversionary and adjudicatory proceedings include appropriate


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  1  conditions and sanctions to address substance abuse problems.

  2  Policies and procedures must address:

  3         (a)  The designation of local service providers

  4  responsible for screening and assessment services and

  5  dispositional recommendations to the department and the court.

  6         (b)  The means by which juvenile offenders are

  7  processed to ensure participation in screening and assessment

  8  services.

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

10  juvenile offenders or their families are noncompliant.

11         (d)  Safeguards to ensure that information derived

12  through screening and assessment is used solely to assist in

13  dispositional decisions and not for purposes of determining

14  innocence or guilt.

15         (3)  Because resources available to support screening

16  and assessment services are limited, the judicial circuits and

17  the department district administration must develop those

18  capabilities to the extent possible within available resources

19  according to the following priorities:

20         (a)  Juvenile substance abuse offenders.

21         (b)  Juvenile offenders who are substance abuse

22  impaired at the time of the offense.

23         (c)  Second or subsequent juvenile offenders.

24         (d)  Minors taken into custody.

25         Section 36.  Effective January 1, 2000, subsection (3)

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

27         397.753  Definitions.--As used in this part:

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

29  service component as defined in s. 397.311 provided directly

30  by the Department of Corrections and licensed and regulated by

31  the Department of Health and Rehabilitative Services pursuant


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  1  to s. 397.406, or provided through contractual arrangements

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

  3  self-help program or volunteer support group operating for

  4  inmates.

  5         Section 37.  Effective January 1, 2000, subsection (6)

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

  7         397.754  Duties and responsibilities of the Department

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

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

10  to enhance resources for the provision of treatment services

11  for inmates and to develop partnerships with other state

12  agencies, including but not limited to the Departments of

13  Health, Children and Family and Rehabilitative Services,

14  Education, Community Affairs, and Law Enforcement.

15         Section 38.  Effective January 1, 2000, subsections (2)

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

17  read:

18         397.801  Substance abuse impairment coordination.--

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

20  Children and Family and Rehabilitative Services, the

21  Department of Education, the Department of Corrections, the

22  Department of Community Affairs, and the Department of Law

23  Enforcement each shall appoint a policy level staff person to

24  serve as the agency substance abuse impairment coordinator.

25  The responsibilities of the agency coordinator include

26  interagency and intraagency coordination, collection and

27  dissemination of agency-specific data relating to substance

28  abuse impairment, and participation in the development of the

29  state comprehensive plan for substance abuse impairment.

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

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


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    SB 878                                         First Engrossed



  1  abuse impairment prevention coordinator, to be filled by a

  2  person with expertise in the area of substance abuse

  3  impairment.  The primary responsibility of this person is to

  4  develop and implement activities which foster the prevention

  5  of substance abuse impairment.

  6         Section 39.  Effective January 1, 2000, subsections (1)

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

  8  read:

  9         397.821  Juvenile substance abuse impairment prevention

10  and early intervention councils.--

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

12  may establish a juvenile substance abuse impairment prevention

13  and early intervention council composed of at least 12

14  members, including representatives from law enforcement, the

15  department, school districts, state attorney and public

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

17  substance abuse impairment professionals, child advocates from

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

19  students. However, those circuits which already have in

20  operation a council of similar composition may designate the

21  existing body as the juvenile substance abuse impairment

22  prevention and early intervention council for the purposes of

23  this section. Each council shall establish bylaws providing

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

25  exceed 4 years. The Deputy Secretary for Behavioral Health

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

27  chief judge of the circuit court shall each appoint six

28  members of the council. The deputy secretary district

29  administrator shall appoint a representative from the

30  department, a school district representative, a substance

31  abuse impairment treatment professional, a child advocate, a


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

  2  circuit court shall appoint a business leader and

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

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

  5  and law enforcement agencies.

  6         (3)  The council shall provide recommendations to the

  7  Statewide Coordinator for Substance Abuse Impairment

  8  Prevention and Treatment and to the Deputy Secretary for

  9  Behavioral Health Care Assistant Secretary for Alcohol, Drug

10  Abuse, and Mental Health annually for consideration for

11  inclusion in the state comprehensive plan for substance abuse

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

13  drug abuse, and mental health planning councils for

14  consideration for inclusion in the district substance alcohol,

15  drug abuse, and mental health plans.

16         Section 40.  Effective January 1, 2000, subsection (4)

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

18         397.901  Prototype juvenile addictions receiving

19  facilities.--

20         (4)  The Department of Health shall adopt rules

21  necessary to implement this section. The rules must be written

22  by the Deputy Secretary for Behavioral Health Care of the

23  Department of Health department's Alcohol, Drug Abuse, and

24  Mental Health Program Office and must specify criteria for

25  staffing and services delineated for the provision of

26  graduated levels of care from nonintensive to environmentally

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

28  behavior and the prevention of elopement.

29         Section 41.  Effective January 1, 2000, paragraph (f)

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

31  amended to read:


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  1         400.0065  State Long-Term Care Ombudsman; duties and

  2  responsibilities; conflict of interest.--

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

  4  duty and authority to:

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

  6  law without interference by officials of the Department of

  7  Elderly Affairs, the Agency for Health Care Administration,

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

  9  Family Health and Rehabilitative Services.  The ombudsman

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

11  the Speaker of the House of Representatives whenever

12  organizational or departmental policy issues threaten the

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

14  carry out its duties under state or federal law.

15         Section 42.  Effective January 1, 2000, subsection (2)

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

17         400.435  Maintenance of records; reports.--

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

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

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

21  inspection to the district ombudsman council in whose planning

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

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

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

25  inspected assisted living facility is located; and, when

26  appropriate, to the district Children and Families Program

27  Office and the district office of the Division of Mental

28  Health and Division of Substance Abuse of the Department of

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

30  mental health program offices.

31


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  1         Section 43.  Effective January 1, 2000, paragraphs (f)

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

  3  Statutes, are amended to read:

  4         400.4415  Assisted living facilities advisory

  5  committee.--

  6         (1)  There is created the assisted living facilities

  7  advisory committee, which shall assist the agency in

  8  developing and implementing a pilot rating system for

  9  facilities. The committee shall consist of nine members who

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

11  of the agency.  The membership is to include:

12         (f)  One representative from the Children and Families

13  Program Office aging and adult services program of the

14  Department of Children and Family Health and Rehabilitative

15  Services.

16         (g)  One representative from the Division of Mental

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

18  and mental health program of the Department of Health and

19  Rehabilitative Services.

20         Section 44.  Effective January 1, 2000, section

21  402.165, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         402.165  Statewide Human Rights Advocacy Committee;

24  confidential records and meetings.--

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

26  and Family Health and Rehabilitative Services a Statewide

27  Human Rights Advocacy Committee.  The Department of Children

28  and Family Health and Rehabilitative Services shall provide

29  administrative support and service to the committee to the

30  extent requested by the executive director within available

31  resources.  The Statewide Human Rights Advocacy Committee


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    SB 878                                         First Engrossed



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

  2  the Department of Children and Family Health and

  3  Rehabilitative Services in the performance of its duties.  The

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

  5  district of the Department of Children and Family Health and

  6  Rehabilitative Services, who broadly represent the interests

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

  8  Division of Mental Health or Division of Substance Abuse of

  9  the Department of Health.  The members shall be representative

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

11  official; one provider who delivers two providers who deliver

12  services or programs to clients of the Department of Children

13  and Family Health and Rehabilitative Services; one provider

14  who delivers services or programs to clients of the Division

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

16  Department of Health; four nonsalaried representatives of

17  nonprofit agencies or civic groups; four representatives of

18  health and rehabilitative services consumer groups who are

19  currently receiving, or have received, services from the

20  Department of Children and Family Health and Rehabilitative

21  Services or the Division of Mental Health or Division of

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

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

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

25  foregoing groups, two of whom represent health-related

26  professions and two of whom represent the legal profession.

27  In appointing the representatives of the health-related

28  professions, the appointing authority shall give priority of

29  consideration to a physician licensed under chapter 458 or

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

31  legal profession, the appointing authority shall give priority


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    SB 878                                         First Engrossed



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

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

  3  each member of the Statewide Human Rights Advocacy Committee

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

  5  advocacy committee.  Persons related to each other by

  6  consanguinity or affinity within the third degree may not

  7  serve on the Statewide Human Rights Advocacy Committee at the

  8  same time.

  9         (2)  Members of the Statewide Human Rights Advocacy

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

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

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

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

14  October 1, 1989.

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

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

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

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

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

20  a member of the Statewide Human Rights Advocacy Committee is

21  in violation of the provisions of this section or procedures

22  adopted thereto, the committee may recommend to the Governor

23  that such member be removed.

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

25  Statewide Human Rights Advocacy Committee from a list of

26  nominees submitted by the statewide committee.  A list of

27  candidates shall be submitted to the statewide committee by

28  the district human rights advocacy committee in the district

29  from which the vacancy occurs.  Priority of consideration

30  shall be given to the appointment of an individual whose

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


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  1  client group of the Department of Children and Family Health

  2  and Rehabilitative Services or the Division of Mental Health

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

  4  not represented on the committee at the time of the

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

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

  7  filled by a majority vote of the statewide committee without

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

  9  the Department of Children and Family Health and

10  Rehabilitative Services or the Department of Health may be

11  appointed to the committee.

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

13  Committee shall receive no compensation, but shall be entitled

14  to be reimbursed for per diem and travel expenses in

15  accordance with s. 112.061.

16         (b)  The committee shall select an executive director

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

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

19  The compensation of the executive director shall be

20  established in accordance with the rules of the Selected

21  Exempt Service.

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

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

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

25  intangible, and service from any governmental or other public

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

27  use of same.

28         (d)  The Statewide Human Rights Advocacy Committee

29  shall annually prepare a budget request that shall not be

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

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


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    SB 878                                         First Engrossed



  1  the Governor by the department for transmittal to the

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

  3  carry out the activities of the Statewide Human Rights

  4  Advocacy Committee and the district human rights advocacy

  5  committees.

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

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

  8  person may not serve as chairperson for more than two

  9  consecutive terms.

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

11  are not limited to:

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

13  for protecting the constitutional and human rights of any

14  client within a program or facility operated, funded,

15  licensed, or regulated by the Department of Children and

16  Family Health and Rehabilitative Services or the Division of

17  Mental Health or Division of Substance Abuse of the Department

18  of Health.

19         (b)  Monitoring by site visit and inspection of

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

21  facilities operated, funded, regulated, or licensed by 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, for the purpose

25  of preventing abuse or deprivation of the constitutional and

26  human rights of clients.  The Statewide Human Rights Advocacy

27  Committee may conduct an unannounced site visit or monitoring

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

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

30  the committee itself if information from the Department of

31  Children and Family Health and Rehabilitative Services or the


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    SB 878                                         First Engrossed



  1  Division of Mental Health or Division of Substance Abuse of

  2  the Department of Health or other sources indicates a

  3  situation at the program or facility that indicates possible

  4  abuse or neglect of clients.  The Statewide Human Rights

  5  Advocacy Committee shall establish and follow uniform criteria

  6  for the review of information and generation of complaints.

  7  Routine 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  referred to the Statewide Human Rights Advocacy Committee by a

12  district human rights advocacy committee.  If a matter

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

14  or is multidistrict in scope, the Statewide Human Rights

15  Advocacy Committee may exercise such powers without the

16  necessity of a referral from a district committee.

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

24  later than December 30 of each calendar year, concerning

25  activities, recommendations, and complaints reviewed or

26  developed by the committee during the year.

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

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

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

30  committee.

31


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    SB 878                                         First Engrossed



  1         (g)  Developing and adopting uniform procedures to be

  2  used to carry out the purpose and responsibilities of the

  3  human rights advocacy committees, which procedures shall

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

  5         1.  The responsibilities of the committee;

  6         2.  The organization and operation of the statewide

  7  committee and district committees, including procedures for

  8  replacing a member, formats for maintaining records of

  9  committee activities, and criteria for determining what

10  constitutes a conflict of interest for purposes of assigning

11  and conducting investigations and monitoring;

12         3.  Uniform procedures for the statewide committee and

13  district committees to receive and investigate reports of

14  abuse of constitutional or human rights;

15         4.  The responsibilities and relationship of the

16  district human rights advocacy committees to the statewide

17  committee;

18         5.  The relationship of the committee to the Department

19  of Children and Family Health and Rehabilitative Services, and

20  the Division of Mental Health and Division of Substance Abuse

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

22  reports of findings and recommendations related to reported

23  abuse are given to those departments and divisions the

24  Department of Health and Rehabilitative Services;

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

26  Care Ombudsman Council;

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

28  committee is made by a district human rights advocacy

29  committee when a valid complaint is not resolved at the

30  district level.  The statewide committee may appeal an

31  unresolved complaint to the Secretary of the Department of


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    SB 878                                         First Engrossed



  1  Children and Family Health and Rehabilitative Services or the

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

  3  remedies, the statewide committee is not satisfied that the

  4  complaint can be resolved within the Department of Children

  5  and Family Health and Rehabilitative Services or the

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

  7  Governor or the Legislature;

  8         8.  Uniform procedures for gaining access to and

  9  maintaining confidential information; and

10         9.  Definitions of misfeasance and malfeasance for

11  members of the statewide committee and district committees.

12         (h)  Monitoring the performance and activities of all

13  district committees and providing technical assistance to

14  members and staff of district committees.

15         (i)  Providing for the development and presentation of

16  a standardized training program for members of district

17  committees.

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

19  Human Rights Advocacy Committee shall have:

20         1.  Authority to receive, investigate, seek to

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

22  allege any abuse or deprivation of constitutional or human

23  rights of clients.

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

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

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

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

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

29  any records which are material to its investigation and which

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

31  government.  The committee's investigation or monitoring shall


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    SB 878                                         First Engrossed



  1  not impede or obstruct matters under investigation by law

  2  enforcement or judicial authorities.  Access shall not be

  3  granted if a specific procedure or prohibition for reviewing

  4  records is required by federal law and regulation which

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

  6  records of a private licensed practitioner who is providing

  7  services outside agencies and facilities and whose client is

  8  competent and refuses disclosure.

  9         3.  Standing to petition the circuit court for access

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

11  The petition shall state the specific reasons for which the

12  committee is seeking access and the intended use of such

13  information.  The court may authorize committee access to such

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

15  an investigation regarding the possible deprivation of

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

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

18  removed from the Department of Children and Family Services,

19  or the Division of Mental Health or Division of Substance

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

21  Under no circumstance shall the committee have access to

22  confidential adoption records in accordance with the

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

24  completion of a general investigation of practices and

25  procedures of the Department of Children and Family Services,

26  or the Division of Mental Health or Division of Substance

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

28  its findings to that department or division.

29         (b)  All information obtained or produced by the

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

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


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    SB 878                                         First Engrossed



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

  2  of an individual who provides information to the committee

  3  about abuse or alleged violations of constitutional or human

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

  5  119.07(1) and s. 24(a), Art. I of the State Constitution.

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

  7  Advocacy Committee which relate to the identity of any client

  8  or group of clients subject to the protections of this

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

10  provides information to the committee about abuse or alleged

11  violations of constitutional or human rights, or wherein

12  testimony is provided relating to records otherwise made

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

14  286.011 and s. 24(b), Art. I of the State Constitution.

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

16  which reflect a mental impression, investigative strategy, or

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

18  24(a), Art. I of the State Constitution until the

19  investigation is completed or until the investigation ceases

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

21  is considered "active" while such investigation is being

22  conducted by the committee with a reasonable, good faith

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

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

25  be active so long as the committee is proceeding with

26  reasonable dispatch and there is a good faith belief that

27  action may be initiated by the committee or other

28  administrative or law enforcement agency.

29         (e)  Any person who knowingly and willfully discloses

30  any such confidential information is guilty of a misdemeanor

31


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    SB 878                                         First Engrossed



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

  2  s. 775.083.

  3         Section 45.  Effective January 1, 2000, section

  4  402.166, Florida Statutes, 1998 Supplement, is amended to

  5  read:

  6         402.166  District human rights advocacy committees;

  7  confidential records and meetings.--

  8         (1)  At least one district human rights advocacy

  9  committee is created in each service district of the

10  Department of Children and Family Health and Rehabilitative

11  Services.  The district human rights advocacy committees shall

12  be subject to direction from and the supervision of the

13  Statewide Human Rights Advocacy Committee.  The district

14  administrator shall assign staff to provide administrative

15  support to the committees, and staff assigned to these

16  positions shall perform the functions required by the

17  committee without interference from the department.  The

18  district committees shall direct the activities of staff

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

20  carry out their duties.  The number and areas of

21  responsibility of the district human rights advocacy

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

23  determined by the majority vote of district committee members.

24  However, district II may have four committees. District

25  committees shall meet at facilities under their jurisdiction

26  whenever possible.

27         (2)  Each district human rights advocacy committee

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

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

30  Department of Children and Family Health and Rehabilitative

31  Services or the Division of Mental Health or Division of


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    SB 878                                         First Engrossed



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

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

  3  immediate relative or legal representative of a current or

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

  5  deliver services or programs to clients of the Department of

  6  Children and Family Health and Rehabilitative Services; one

  7  provider who delivers services or programs to clients of the

  8  Division of Mental Health or the Division of Substance Abuse

  9  of the Department of Health; and two representatives of

10  professional organizations, one of whom represents

11  health-related professions and one of whom represents the

12  legal profession. Priority of consideration shall be given to

13  the appointment of at least one medical or osteopathic

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

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

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

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

18  client group of the Department of Children and Family Health

19  and Rehabilitative Services, or the Division of Mental Health

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

21  not represented on the committee at the time of the

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

23  Department of Children and Family Health and Rehabilitative

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

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

26  providing contracted services to the Department of Children

27  and Family Health and Rehabilitative Services, or the Division

28  of Mental Health or Division of Substance Abuse of the

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

30  membership of a district committee.  Persons related to each

31  other by consanguinity or affinity within the third degree


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    SB 878                                         First Engrossed



  1  shall not serve on the same district human rights advocacy

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

  3  rights advocacy committees must successfully complete a

  4  standardized training course for committee members within 3

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

  6  not be assigned an investigation which requires access to

  7  confidential information prior to the completion of the

  8  training course.  After he or she completes the required

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

10  prevented from participating in any activity of that

11  committee, including investigations and monitoring, except due

12  to a conflict of interest as described in the procedures

13  established by the Statewide Human Rights Advocacy Committee

14  pursuant to subsection (7).

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

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

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

18  committee shall appoint a replacement by majority vote of the

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

20  may serve no more than two consecutive terms.

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

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

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

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

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

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

27  district committee without further action by the Governor.

28         2.  Members shall serve for no more than two

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

30  initial appointment, terms shall be staggered so that the

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


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    SB 878                                         First Engrossed



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

  2  shall be filled as provided in subparagraph 1.

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

  4  or disapprove a replacement of a member pursuant to this

  5  paragraph within 30 days after the district committee has

  6  notified the Governor of the appointment, then the appointment

  7  of the replacement shall be considered approved.

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

  9  serve applies without regard to whether a term was served

10  before or after October 1, 1989.

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

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

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

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

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

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

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

18  committee to replace such member.  If a district committee

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

20  procedures adopted thereto, a district committee may recommend

21  to the Governor that such member be removed.

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

23  compensation but shall receive per diem and shall be entitled

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

25  112.061.  Members may be provided reimbursement for

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

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

28         (7)  A district human rights advocacy committee shall

29  first seek to resolve a complaint with the appropriate local

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

31  the district committee shall be referred to the Statewide


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    SB 878                                         First Engrossed



  1  Human Rights Advocacy Committee.  A district human rights

  2  advocacy committee shall comply with appeal procedures

  3  established by the Statewide Human Rights Advocacy Committee.

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

  5  district human rights advocacy committees shall conform to the

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

  7  rights advocacy committee shall include, but are not limited

  8  to:

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

10  for protecting the constitutional and human rights of any

11  client within a program or facility operated, funded,

12  licensed, or regulated by the Department of Children and

13  Family Health and Rehabilitative Services or the Division of

14  Mental Health or Division of Substance Abuse of the Department

15  of Health.

16         (b)  Monitoring by site visit and inspection of

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

18  facilities operated, funded, regulated or licensed by the

19  Department of Children and Family Health and Rehabilitative

20  Services or the Division of Mental Health or Division of

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

22  of preventing abuse or deprivation of the constitutional and

23  human rights of clients.  A district human rights advocacy

24  committee may conduct an unannounced site visit or monitoring

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

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

27  the committee itself if information from the Department of

28  Children and Family Health and Rehabilitative Services or the

29  Division of Mental Health or Division of Substance Abuse of

30  the Department of Health or other sources indicates a

31  situation at the program or facility that indicates possible


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    SB 878                                         First Engrossed



  1  abuse or neglect of clients.  The district human rights

  2  advocacy committees shall follow uniform criteria established

  3  by the Statewide Human Rights Advocacy Committee for the

  4  review of information and generation of complaints.  Routine

  5  program monitoring and reviews that do not require an

  6  examination of records may be made unannounced.

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

  8  abuse or deprivation of constitutional and human rights.

  9         (d)  Reviewing and making recommendation with respect

10  to the involvement by clients of the Department of Children

11  and Family Health and Rehabilitative Services or the Division

12  of Mental Health or Division of Substance Abuse of the

13  Department of Health as subjects for research projects, prior

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

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

16  revised programs of the Department of Children and Family

17  Health and Rehabilitative Services and the Division of Mental

18  Health and Division of Substance Abuse of the Department of

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

20  clients are affected.

21         (f)  Appealing to the state committee any complaint

22  unresolved at the district level.  Any matter that constitutes

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

24  multidistrict in scope shall automatically be referred to the

25  Statewide Human Rights Advocacy Committee.

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

27  Statewide Human Rights Advocacy Committee concerning

28  activities, recommendations, and complaints reviewed or

29  developed by the committee during the year.

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

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


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    SB 878                                         First Engrossed



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

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

  3  members of the committee.

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

  5  human rights advocacy committee shall have:

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

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

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

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

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

11  any records which are material to its investigation and which

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

13  government.  The committee's investigation or monitoring shall

14  not impede or obstruct matters under investigation by law

15  enforcement or judicial authorities. Access shall not be

16  granted if a specific procedure or prohibition for reviewing

17  records is required by federal law and regulation which

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

19  records of a private licensed practitioner who is providing

20  services outside agencies and facilities and whose client is

21  competent and refuses disclosure.

22         2.  Standing to petition the circuit court for access

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

24  The petition shall state the specific reasons for which the

25  committee is seeking access and the intended use of such

26  information.  The court may authorize committee access to such

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

28  an investigation regarding the possible deprivation of

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

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

31  removed from Department of Children and Family Services, or


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    SB 878                                         First Engrossed



  1  the Division of Mental Health or Division of Substance Abuse

  2  of the Department of Health, or agency facilities.  Upon no

  3  circumstances shall the committee have access to confidential

  4  adoption records in accordance with the provisions of ss.

  5  39.0132, 63.022, and 63.162. Upon completion of a general

  6  investigation of practices and procedures of the Department of

  7  Children and Family Services, or the Division of Mental Health

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

  9  the committee shall report its findings to that department or

10  division.

11         (b)  All information obtained or produced by the

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

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

14  protection of this section, or which relates to the identity

15  of an individual who provides information to the committee

16  about abuse or alleged violations of constitutional or human

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

18  119.07(1) and s. 24(a), Art. I of the State Constitution.

19         (c)  Portions of meetings of a district human rights

20  advocacy committee which relate to the identity of any client

21  or group of clients subject to the protections of this

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

23  provides information to the committee about abuse or alleged

24  violations of constitutional or human rights, or wherein

25  testimony is provided relating to records otherwise made

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

27  286.011 and s. 24(b), Art. I of the State Constitution.

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

29  which reflect a mental impression, investigative strategy, or

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

31  24(a), Art. I of the State Constitution until the


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    SB 878                                         First Engrossed



  1  investigation is completed or until the investigation ceases

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

  3  is considered "active" while such investigation is being

  4  conducted by the committee with a reasonable, good faith

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

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

  7  be active so long as the committee is proceeding with

  8  reasonable dispatch and there is a good faith belief that

  9  action may be initiated by the committee or other

10  administrative or law enforcement agency.

11         (e)  Any person who knowingly and willfully discloses

12  any such confidential information is guilty of a misdemeanor

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

14  s. 775.083.

15         Section 46.  Effective January 1, 2000, section

16  402.167, Florida Statutes, is amended to read:

17         402.167  Department Duties relating to the Statewide

18  Human Rights Advocacy Committee and the district human rights

19  advocacy committees.--

20         (1)  The Department of Children and Family Health and

21  Rehabilitative Services and the Division of Mental Health and

22  Division of Substance Abuse of the Department of Health shall

23  adopt rules which are consistent with law, amended to reflect

24  any statutory changes, which rules address at least the

25  following:

26         (a)  Procedures by which Department of Children and

27  Family Health and Rehabilitative Services and the Division of

28  Mental Health and Division of Substance Abuse of the

29  Department of Health district staff refer reports of abuse to

30  district human rights advocacy committees.

31


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    SB 878                                         First Engrossed



  1         (b)  Procedures by which client information is made

  2  available to members of the Statewide Human Rights Advocacy

  3  Committee and the district human rights advocacy committees.

  4         (c)  Procedures by which recommendations made by human

  5  rights advocacy committees will be incorporated into

  6  Department of Children and Family Health and Rehabilitative

  7  Services and the Division of Mental Health and Division of

  8  Substance Abuse of the Department of Health policies and

  9  procedures.

10         (d)  Procedures by which committee members are

11  reimbursed for authorized expenditures.

12         (2)  The Department of Children and Family Health and

13  Rehabilitative Services shall provide for the location of

14  district human rights advocacy committees in district

15  headquarters offices and shall provide necessary equipment and

16  office supplies, including, but not limited to, clerical and

17  word processing services, photocopiers, telephone services,

18  and stationery and other necessary supplies.

19         (3)  The secretary and the Secretary of Health shall

20  ensure the full cooperation and assistance of employees of the

21  Department of Children and Family Health and Rehabilitative

22  Services and the Division of Mental Health and Division of

23  Substance Abuse of the Department of Health with members and

24  staff of the human rights advocacy committees. Further, the

25  secretary shall ensure that to the extent possible, staff

26  assigned to the Statewide Human Rights Advocacy Committees and

27  district human rights advocacy committees are free of

28  interference from or control by the department in performing

29  their duties relative to those committees.

30

31


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    SB 878                                         First Engrossed



  1         Section 47.  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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    SB 878                                         First Engrossed



  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 48.  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 49.  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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 50.  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 51.  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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    SB 878                                         First Engrossed



  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 52.  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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    SB 878                                         First Engrossed



  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 53.  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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 54.  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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 55.  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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 56.  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 57.  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 58.  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 59.  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 60.  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 61.  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 62.  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 63.  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 64.  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 65.  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 66.  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 67.  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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    SB 878                                         First Engrossed



  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 68.  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 69.  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 70.  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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    SB 878                                         First Engrossed



  1  other programs of the two departments Department and other

  2  appropriate state agencies.

  3         Section 71.  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 72.  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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    SB 878                                         First Engrossed



  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 73.  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 74.  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 75.  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 76.  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 77.  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 78.  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 79.  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 80.  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 81.  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 82.  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 83.  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 84.  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 85.  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 86.  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 87.  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 88.  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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 89.  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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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    SB 878                                         First Engrossed



  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.

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  1         (7)  The provisions of this section shall be

  2  implemented only subject to specific appropriation.

  3         Section 90.  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 91.  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 92.  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

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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.

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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 93.  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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    SB 878                                         First Engrossed



  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 94.  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.

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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 95.  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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    SB 878                                         First Engrossed



  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 96.  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 97.  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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    SB 878                                         First Engrossed



  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 98.  Subsection (36) is added to section

14  641.31, Florida Statutes, 1998 Supplement, to read:

15         641.31 Health Maintenance contracts.--

16         (36)  All health maintenance contracts that provide

17  coverage for massage shall also cover the services of persons

18  licensed to practice massage pursuant to chapter 480, if the

19  massage is prescribed by a physician licensed under chapter

20  458, chapter 459, chapter 460, or chapter 461 as medically

21  necessary and the prescription specifies the number of

22  treatments. Such massage services shall be subject to the same

23  terms, conditions, and limitations as other contracted

24  providers.

25         Section 99.  Except as otherwise provided in this act,

26  this act shall take effect July 1, 1999.

27

28

29

30

31


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