Senate Bill sb1116c1
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Florida Senate - 2002 CS for SB 1116
By the Committee on Appropriations; and Senator Silver
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1 A bill to be entitled
2 An act relating to the Department of Children
3 and Family Services; amending s. 216.181, F.S.;
4 providing for the use of funds by the
5 department; amending s. 394.74, F.S.;
6 prescribing a specified contract requirement;
7 amending s. 394.908, F.S.; revising provisions
8 governing substance abuse and mental health
9 funding equity; amending s. 39.903, F.S.;
10 requiring the Department of Children and Family
11 Services to operate the domestic violence
12 program; specifying program purposes; repealing
13 s. 741.466, F.S., relating to the "Prevention
14 of Domestic and Sexual Violence Program";
15 amending s. 938.01, F.S.; specifying the amount
16 of funds available for use by the Department of
17 Children and Family Services and the Department
18 of Law Enforcement; repealing s. 4(2) of ch.
19 2001-184, Laws of Florida, and s. 7(2) of ch.
20 2001-232, Laws of Florida, relating to funding
21 for the Prevention of Domestic and Sexual
22 Violence Program; amending s. 414.035, F.S.;
23 revising provisions authorizing expenditures by
24 the department; amending s. 409.16745, F.S.;
25 abrogating the repeal of the community
26 partnership matching grant program; authorizing
27 the sale of a hospital and providing for the
28 use of the proceeds; providing an effective
29 date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Paragraph (c) of subsection (16) of section
2 216.181, Florida Statutes, is amended to read:
3 216.181 Approved budgets for operations and fixed
4 capital outlay.--
5 (16)
6 (c) Unless specifically prohibited in the General
7 Appropriations Act, funds appropriated to the Department of
8 Children and Family Services and the Department of Health may
9 be advanced for those contracted services that were approved
10 for advancement by the Comptroller in fiscal year 1993-1994,
11 including those services contracted on a fixed-price or
12 unit-cost basis. For the 2001-2002 fiscal year only, funds
13 appropriated to the Department of Children and Family Services
14 in Specific Appropriations 302-466 and the Department of
15 Health in Specific Appropriations 503-637 of the 2001-2002
16 General Appropriations Act may be advanced, unless
17 specifically prohibited in such General Appropriations Act,
18 for those contracted services that were approved for
19 advancement by the Comptroller in fiscal year 1993-1994,
20 including those services contracted on a fixed-price or
21 unit-cost basis. This paragraph expires July 1, 2002.
22 Section 2. Subsection (3) of section 394.74, Florida
23 Statutes, is amended to read:
24 394.74 Contracts for provision of local substance
25 abuse and mental health programs.--
26 (3) Contracts shall include, but are not limited to:
27 (a) A provision that, within the limits of available
28 resources, substance abuse and mental health crisis services,
29 as defined in s. 394.67(4), shall be available to any
30 individual residing or employed within the service area,
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1 regardless of ability to pay for such services, current or
2 past health condition, or any other factor;
3 (b) A provision that such services be available with
4 priority of attention being given to individuals who exhibit
5 symptoms of chronic or acute substance abuse or mental illness
6 and who are unable to pay the cost of receiving such services;
7 (c) A provision that every reasonable effort to
8 collect appropriate reimbursement for the cost of providing
9 substance abuse and mental health services to persons able to
10 pay for services, including first-party payments and
11 third-party payments, shall be made by facilities providing
12 services pursuant to this act;
13 (d) A program description and line-item operating
14 budget by program service component for substance abuse and
15 mental health services, provided the entire proposed operating
16 budget for the service provider will be displayed; and
17 (e) A provision that client demographic, service, and
18 outcome information required for the department's Mental
19 Health and Substance Abuse Data System be submitted to the
20 department by a date specified in the contract. The department
21 may not pay the provider unless the required information has
22 been submitted by the specified date; and
23 (f)(e) A requirement that the contractor must conform
24 to department rules and the priorities established thereunder.
25 Section 3. Subsection (8) of section 394.908, Florida
26 Statutes, is amended to read:
27 394.908 Substance abuse and mental health funding
28 equity; distribution of appropriations.--In recognition of the
29 historical inequity among service districts of the former
30 Department of Health and Rehabilitative Services in the
31 funding of substance abuse and mental health services, and in
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1 order to rectify this inequity and provide for equitable
2 funding in the future throughout the state, the following
3 funding process shall be adhered to:
4 (8) For fiscal year 2002-2003 2001-2002 only, and
5 notwithstanding the provisions of this section, all new funds
6 received in excess of fiscal year 2001-2002 recurring
7 1998-1999 appropriations shall be allocated in accordance with
8 the provisions of the General Appropriations Act; however,
9 except as specified in this subsection, to the G. Pierce Wood
10 Memorial Hospital catchment area or other districts or
11 counties identified in the 2001-2002 General Appropriations
12 Act. The Department of Children and Family Services is
13 authorized to develop an alternative allocation methodology
14 based on national prevalence data for persons with severe and
15 persistent mental illness for use in the distribution of new
16 funds to the G. Pierce Wood Memorial Hospital catchment area.
17 no district shall receive an allocation of recurring funds
18 less than its initial approved operating budget, plus any
19 distributions of lump sum appropriations, for fiscal year
20 2001-2002 1998-1999, except for adjustments needed to
21 implement the SunCoast Region. This subsection expires July 1,
22 2003 2002.
23 Section 4. Section 39.903, Florida Statutes, is
24 amended to read:
25 39.903 Duties and functions of the department with
26 respect to domestic violence.--
27 (1) The department shall:
28 (a) Develop by rule criteria for the approval or
29 rejection of certification or funding of domestic violence
30 centers.
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1 (b) Develop by rule minimum standards for domestic
2 violence centers to ensure the health and safety of the
3 clients in the centers.
4 (c) Receive and approve or reject applications for
5 certification of domestic violence centers, and receive and
6 approve or reject applications for funding of domestic
7 violence centers. When approving funding for a newly certified
8 domestic violence center, the department shall make every
9 effort to minimize any adverse economic impact on existing
10 certified centers or services provided within the same
11 district. In order to minimize duplication of services, the
12 department shall make every effort to encourage subcontracting
13 relationships with existing centers within the district. If
14 any of the required services are exempted by the department
15 under s. 39.905(1)(c), the center shall not receive funding
16 for those services.
17 (d) Evaluate each certified domestic violence center
18 annually to ensure compliance with the minimum standards. The
19 department has the right to enter and inspect the premises of
20 certified domestic violence centers at any reasonable hour in
21 order to effectively evaluate the state of compliance of these
22 centers with this part and rules relating to this part.
23 (e) Adopt rules to implement this part.
24 (f) Promote the involvement of certified domestic
25 violence centers in the coordination, development, and
26 planning of domestic violence programming in the districts and
27 the state.
28 (2) The department shall serve as a clearinghouse for
29 information relating to domestic violence.
30 (3) The department shall operate the domestic violence
31 program, which provides supervision, direction, coordination,
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1 and administration of statewide activities related to the
2 prevention of domestic violence.
3 (4)(3) The department shall enlist the assistance of
4 public and voluntary health, education, welfare, and
5 rehabilitation agencies in a concerted effort to prevent
6 domestic violence and to treat persons engaged in or subject
7 to domestic violence. With the assistance of these agencies,
8 the department, within existing resources, shall formulate and
9 conduct a research and evaluation program on domestic
10 violence. Efforts on the part of these agencies to obtain
11 relevant grants to fund this research and evaluation program
12 must be supported by the department.
13 (5)(4) The department shall develop and provide
14 educational programs on domestic violence for the benefit of
15 the general public, persons engaged in or subject to domestic
16 violence, professional persons, or others who care for or may
17 be engaged in the care and treatment of persons engaged in or
18 subject to domestic violence.
19 (6)(5) The department shall cooperate with, assist in,
20 and participate in, programs of other properly qualified
21 agencies, including any agency of the Federal Government,
22 schools of medicine, hospitals, and clinics, in planning and
23 conducting research on the prevention, care, treatment, and
24 rehabilitation of persons engaged in or subject to domestic
25 violence.
26 (7)(6) The department shall contract with a statewide
27 association whose primary purpose is to represent and provide
28 technical assistance to domestic violence centers. This
29 association shall receive 2 percent of the Domestic Violence
30 Trust Fund for this purpose.
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1 Section 5. Section 741.466, Florida Statutes, is
2 repealed.
3 Section 6. Subsection (1) of section 938.01, Florida
4 Statutes, as amended by section 29 of chapter 2001-254, Laws
5 of Florida, section 19 of chapter 2001-122, Laws of Florida,
6 section 1 of chapter 2001-184, Laws of Florida, section 3 of
7 chapter 2001-232, Laws of Florida, and section 30 of chapter
8 2001-254, Laws of Florida, is amended to read:
9 938.01 Additional Court Cost Clearing Trust Fund.--
10 (Substantial rewording of subsection. See
11 s. 938.01(1), F.S., for present text.)
12 (1) All courts created by Art. V of the State
13 Constitution shall, in addition to any fine or other penalty,
14 assess $3 as a court cost against every person convicted for
15 violation of a state penal or criminal statute or convicted
16 for violation of a municipal or county ordinance. Any person
17 whose adjudication is withheld pursuant to the provisions of
18 s. 318.14(9) or (10) shall also be assessed such cost. In
19 addition, $3 from every bond estreature or forfeited bail bond
20 related to such penal statutes or penal ordinances shall be
21 remitted to the Department of Revenue as described in this
22 subsection. However, no such assessment may be made against
23 any person convicted for violation of any state statute,
24 municipal ordinance, or county ordinance relating to the
25 parking of vehicles.
26 (a) All costs collected by the courts pursuant to
27 subsection (1) shall be remitted to the Department of Revenue
28 in accordance with administrative rules adopted by the
29 executive director of the Department of Revenue for deposit in
30 the Additional Court Cost Clearing Trust Fund. These funds and
31 the funds deposited in the Additional Court Cost Clearing
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1 Trust Fund pursuant to s. 318.21(2)(c) shall be distributed as
2 follows:
3 1. Ninety-two percent to the Department of Law
4 Enforcement Criminal Justice Standards and Training Trust
5 Fund.
6 2. Six and three-tenths percent to the Department of
7 Law Enforcement Operating Trust Fund for the Criminal Justice
8 Grant Program.
9 3. One and seven-tenths percent to the Department of
10 Children and Family Services Domestic Violence Trust Fund for
11 the domestic violence program pursuant to s. 39.903(3).
12 (b) The funds deposited in the Department of Law
13 Enforcement Criminal Justice Standards and Training Trust
14 Fund, the Department of Law Enforcement Operating Trust Fund,
15 and the Department of Children and Family Services Domestic
16 Violence Trust Fund may be invested. Any interest earned from
17 investing such funds and any unencumbered funds remaining at
18 the end of the budget cycle shall remain in the respective
19 trust fund.
20 (c) All funds in the Department of Law Enforcement
21 Criminal Justice Standards and Training Trust Fund shall be
22 disbursed only in compliance with s. 943.25(9).
23 Section 7. Subsection (2) of section 4 of chapter
24 2001-184, Laws of Florida, and subsection (2) of section 7 of
25 chapter 2001-232, Laws of Florida, are repealed.
26 Section 8. Section 414.035, Florida Statutes, is
27 amended to read:
28 414.035 Authorized expenditures.--Any expenditures
29 from the Temporary Assistance for Needy Families block grant,
30 or from other state funds that the secretary or his or her
31 designee determines meets the maintenance-of-effort
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1 requirement for the block grant, must shall be expended in
2 accordance with the requirements and limitations of part A of
3 Title IV of the Social Security Act, as amended, or any other
4 applicable federal requirement or limitation. Prior to any
5 expenditure of such funds, the secretary of Children and
6 Family Services, or his or her designee, shall certify that
7 controls are in place to ensure such funds are expended in
8 accordance with the requirements and limitations of federal
9 law and that any reporting requirements of federal law are
10 met. It shall be the responsibility of any entity to which
11 such funds are appropriated to obtain the required
12 certification prior to any expenditure of funds.
13 Section 9. Section 409.16745, Florida Statutes, is
14 amended to read:
15 409.16745 Community partnership matching grant
16 program.--It is the intent of the Legislature to improve
17 services and local participation in community-based care
18 initiatives by fostering community support and providing
19 enhanced prevention and in-home services, thereby reducing the
20 risk otherwise faced by lead agencies. There is established a
21 community partnership matching grant program to be operated by
22 the Department of Children and Family Services for the purpose
23 of encouraging local participation in community-based care for
24 child welfare. Any children's services council or other local
25 government entity that makes a financial commitment to a
26 community-based care lead agency is eligible for a grant upon
27 proof that the children's services council or local government
28 entity has provided the selected lead agency at least $825,000
29 in start up funds, from any local resources otherwise
30 available to it. The total amount of local contribution may be
31 matched on a two-for-one basis up to a maximum amount of $2
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1 million per council. Awarded matching grant funds may be used
2 for any prevention or in-home services provided by the
3 children's services council or other local government entity
4 that meets temporary-assistance-for-needy-families'
5 eligibility requirements and can be reasonably expected to
6 reduce the number of children entering the child welfare
7 system. To ensure necessary flexibility for the development,
8 start up, and ongoing operation of community-based care
9 initiatives, the notice period required for any budget action
10 authorized by the provisions of s. 20.19(5)(b), is waived for
11 the family safety program; however, the Department of Children
12 and Family Services must provide copies of all such actions to
13 the Executive Office of the Governor and Legislature within 72
14 hours of their occurrence. Funding available for the matching
15 grant program is subject to legislative appropriation of
16 nonrecurring temporary-assistance-for-needy-families funds
17 provided for the purpose. This section expires July 1, 2002.
18 Section 10. Upon approval of the Board of Trustees of
19 the Internal Improvement Trust Fund, the Division of State
20 Lands of the Department of Environmental Protection may sell
21 the former W.T. Edwards Hospital complex located in
22 Hillsborough County, currently under lease to the Department
23 of Children and Family Services. Notwithstanding chapter 253,
24 Florida Statutes, the proceeds from the sale must be deposited
25 into the Department of Children and Family Services'
26 Administrative Trust Fund and, subject to legislative
27 appropriation, must be used to construct, renovate, equip,
28 maintain, and improve the Department of Children and Family
29 Services and the Department of Health facilities.
30 Section 11. This act shall take effect July 1, 2002.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1116
3
4 The committee substitute makes a number of changes to the
Department of Children and Family Services that are required
5 in order to implement the proposed General Appropriations Act
for FY 2002-03. Specifically, the bill:
6
. Authorizes the Department of Children and Family
7 Services and the Department of Health to advance money
to contract providers that were approved for advancement
8 by the Comptroller in fiscal year 1993-94.
9 . Requires substance abuse and mental health services
contracts to include a provision that client
10 demographic, services, and outcome information must be
submitted to the Department for inclusion in the Mental
11 Health and Substance Abuse Data System and prohibits
payment to the provider unless the information has been
12 submitted.
13 . Requires all new funds received in FY 2002-03 for
substance abuse and mental health services in excess of
14 FY 2001-02 recurring appropriations to be allocated in
accordance with the General Appropriations Act and
15 prohibits a district from receiving an allocation of
recurring funds that is less than the FY 2001-02
16 appropriation.
17 . Clarifies and expands the duties of the department
related to the domestic violence program and provides
18 for a new formula for distributing the funds deposited
into the Additional Court Cost Clearing Trust Fund,
19 which includes a designated portion to the department
for the domestic violence program.
20
. Provides that state funds determined to meet the
21 maintenance-of-effort requirement for the Temporary
Assistance for Needy Families (TANF) block grant must be
22 spent in accordance with Part A of Title IV of the
Social Security Act.
23
. Removes the July 1, 2002 expiration date related to the
24 community partnership matching grant program operated by
the department.
25
. Provides for the sale of the former W.T. Edwards
26 Hospital complex located in Hillsborough County
(currently under lease to the department) and requires
27 the proceeds of the sale to be deposited into the DCF
Administrative Trust Fund; and requires any appropriated
28 funds to be used to construct, renovate, equip,
maintain, and improve the Department of Children and
29 Family Services and the Department of Health facilities.
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