Senate Bill sb0036E

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    Florida Senate - 2002                                  SB 36-E

    By Senator Silver





    309-2381A-02

  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. 414.035, F.S.;

10         revising provisions authorizing expenditures by

11         the department; amending s. 409.16745, F.S.;

12         abrogating the repeal of the community

13         partnership matching grant program; authorizing

14         the sale of certain facilities and providing

15         for the use of the proceeds; providing an

16         effective date.

17  

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

19  

20         Section 1.  Paragraph (c) of subsection (16) of section

21  216.181, Florida Statutes, is amended to read:

22         216.181  Approved budgets for operations and fixed

23  capital outlay.--

24         (16)

25         (c)  Unless specifically prohibited in the General

26  Appropriations Act, funds appropriated to the Department of

27  Children and Family Services and the Department of Health may

28  be advanced for those contracted services that were approved

29  for advancement by the Comptroller in fiscal year 1993-1994,

30  including those services contracted on a fixed-price or

31  unit-cost basis.  For the 2001-2002 fiscal year only, funds

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    Florida Senate - 2002                                  SB 36-E
    309-2381A-02




 1  appropriated to the Department of Children and Family Services

 2  in Specific Appropriations 302-466 and the Department of

 3  Health in Specific Appropriations 503-637 of the 2001-2002

 4  General Appropriations Act may be advanced, unless

 5  specifically prohibited in such General Appropriations Act,

 6  for those contracted services that were approved for

 7  advancement by the Comptroller in fiscal year 1993-1994,

 8  including those services contracted on a fixed-price or

 9  unit-cost basis. This paragraph expires July 1, 2002.

10         Section 2.  Subsection (3) of section 394.74, Florida

11  Statutes, is amended to read:

12         394.74  Contracts for provision of local substance

13  abuse and mental health programs.--

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

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

16  resources, substance abuse and mental health crisis services,

17  as defined in s. 394.67(4), shall be available to any

18  individual residing or employed within the service area,

19  regardless of ability to pay for such services, current or

20  past health condition, or any other factor;

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

22  priority of attention being given to individuals who exhibit

23  symptoms of chronic or acute substance abuse or mental illness

24  and who are unable to pay the cost of receiving such services;

25         (c)  A provision that every reasonable effort to

26  collect appropriate reimbursement for the cost of providing

27  substance abuse and mental health services to persons able to

28  pay for services, including first-party payments and

29  third-party payments, shall be made by facilities providing

30  services pursuant to this act;

31  

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    Florida Senate - 2002                                  SB 36-E
    309-2381A-02




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

 2  budget by program service component for substance abuse and

 3  mental health services, provided the entire proposed operating

 4  budget for the service provider will be displayed; and

 5         (e)  A provision that client demographic, service, and

 6  outcome information required for the department's Mental

 7  Health and Substance Abuse Data System be submitted to the

 8  department by a date specified in the contract. The department

 9  may not pay the provider unless the required information has

10  been submitted by the specified date; and

11         (f)(e)  A requirement that the contractor must conform

12  to department rules and the priorities established thereunder.

13         Section 3.  Subsection (8) of section 394.908, Florida

14  Statutes, is amended to read:

15         394.908  Substance abuse and mental health funding

16  equity; distribution of appropriations.--In recognition of the

17  historical inequity among service districts of the former

18  Department of Health and Rehabilitative Services in the

19  funding of substance abuse and mental health services, and in

20  order to rectify this inequity and provide for equitable

21  funding in the future throughout the state, the following

22  funding process shall be adhered to:

23         (8)  For fiscal year 2002-2003 2001-2002 only, and

24  notwithstanding the provisions of this section, all new funds

25  received in excess of fiscal year 2001-2002 recurring

26  1998-1999 appropriations shall be allocated in accordance with

27  the provisions of the General Appropriations Act; however,

28  except as specified in this subsection, to the G. Pierce Wood

29  Memorial Hospital catchment area or other districts or

30  counties identified in the 2001-2002 General Appropriations

31  Act. The Department of Children and Family Services is

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    Florida Senate - 2002                                  SB 36-E
    309-2381A-02




 1  authorized to develop an alternative allocation methodology

 2  based on national prevalence data for persons with severe and

 3  persistent mental illness for use in the distribution of new

 4  funds to the G. Pierce Wood Memorial Hospital catchment area.

 5  no district shall receive an allocation of recurring funds

 6  less than its initial approved operating budget, plus any

 7  distributions of lump sum appropriations, for fiscal year

 8  2001-2002 1998-1999, except for adjustments needed to

 9  implement the SunCoast Region. This subsection expires July 1,

10  2003 2002.

11         Section 4.  Section 414.035, Florida Statutes, is

12  amended to read:

13         414.035  Authorized expenditures.--Any expenditures

14  from the Temporary Assistance for Needy Families block grant,

15  or from other state funds that the secretary or his or her

16  designee determines meets the maintenance-of-effort

17  requirement for the block grant, must shall be expended in

18  accordance with the requirements and limitations of part A of

19  Title IV of the Social Security Act, as amended, or any other

20  applicable federal requirement or limitation. Prior to any

21  expenditure of such funds, the secretary of Children and

22  Family Services, or his or her designee, shall certify that

23  controls are in place to ensure such funds are expended in

24  accordance with the requirements and limitations of federal

25  law and that any reporting requirements of federal law are

26  met. It shall be the responsibility of any entity to which

27  such funds are appropriated to obtain the required

28  certification prior to any expenditure of funds.

29         Section 5.  Section 409.16745, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2002                                  SB 36-E
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 1         409.16745  Community partnership matching grant

 2  program.--It is the intent of the Legislature to improve

 3  services and local participation in community-based care

 4  initiatives by fostering community support and providing

 5  enhanced prevention and in-home services, thereby reducing the

 6  risk otherwise faced by lead agencies. There is established a

 7  community partnership matching grant program to be operated by

 8  the Department of Children and Family Services for the purpose

 9  of encouraging local participation in community-based care for

10  child welfare. Any children's services council or other local

11  government entity that makes a financial commitment to a

12  community-based care lead agency is eligible for a grant upon

13  proof that the children's services council or local government

14  entity has provided the selected lead agency at least $825,000

15  in start up funds, from any local resources otherwise

16  available to it. The total amount of local contribution may be

17  matched on a two-for-one basis up to a maximum amount of $2

18  million per council. Awarded matching grant funds may be used

19  for any prevention or in-home services provided by the

20  children's services council or other local government entity

21  that meets temporary-assistance-for-needy-families'

22  eligibility requirements and can be reasonably expected to

23  reduce the number of children entering the child welfare

24  system. To ensure necessary flexibility for the development,

25  start up, and ongoing operation of community-based care

26  initiatives, the notice period required for any budget action

27  authorized by the provisions of s. 20.19(5)(b), is waived for

28  the family safety program; however, the Department of Children

29  and Family Services must provide copies of all such actions to

30  the Executive Office of the Governor and Legislature within 72

31  hours of their occurrence. Funding available for the matching

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    Florida Senate - 2002                                  SB 36-E
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 1  grant program is subject to legislative appropriation of

 2  nonrecurring temporary-assistance-for-needy-families funds

 3  provided for the purpose. This section expires July 1, 2002.

 4         Section 6.  Upon approval of the Board of Trustees of

 5  the Internal Improvement Trust Fund, the Division of State

 6  Lands of the Department of Environmental Protection may sell

 7  the former W.T. Edwards Hospital complex located in

 8  Hillsborough County and the remaining Sunland complex located

 9  in Leon County, currently under lease to the Department of

10  Children and Family Services. Notwithstanding chapter 253,

11  Florida Statutes, the proceeds from the sale must be deposited

12  into the Department of Children and Family Services'

13  Administrative Trust Fund and, subject to legislative

14  appropriation, must be used to construct, renovate, equip,

15  maintain, and improve the department's facilities.

16         Section 7.  This act shall take effect July 1, 2002.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Provides guidelines for the expenditure of funding for
      specified programs by the Department of Children and
21    Family Services. Requires certain information related to
      contracts for local substance abuse and mental health
22    programs to be submitted to the department. Authorizes
      the sale of the former W.T. Edwards Hospital complex and
23    the remaining Sunland complex, with the proceeds to be
      disbursed to the department for specified purposes. (See
24    bill for details.)

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