SENATE AMENDMENT
Bill No. HB 53-E
Amendment No. ___ Barcode 505788
CHAMBER ACTION
Senate House
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11 Senator Silver moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Paragraph (c) of subsection (16) of section
18 216.181, Florida Statutes, is amended to read:
19 216.181 Approved budgets for operations and fixed
20 capital outlay.--
21 (16)
22 (c) Unless specifically prohibited in the General
23 Appropriations Act, funds appropriated to the Department of
24 Children and Family Services and the Department of Health may
25 be advanced for those contracted services that were approved
26 for advancement by the Comptroller in fiscal year 1993-1994,
27 including those services contracted on a fixed-price or
28 unit-cost basis. For the 2001-2002 fiscal year only, funds
29 appropriated to the Department of Children and Family Services
30 in Specific Appropriations 302-466 and the Department of
31 Health in Specific Appropriations 503-637 of the 2001-2002
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SENATE AMENDMENT
Bill No. HB 53-E
Amendment No. ___ Barcode 505788
1 General Appropriations Act may be advanced, unless
2 specifically prohibited in such General Appropriations Act,
3 for those contracted services that were approved for
4 advancement by the Comptroller in fiscal year 1993-1994,
5 including those services contracted on a fixed-price or
6 unit-cost basis. This paragraph expires July 1, 2002.
7 Section 2. Subsection (3) of section 394.74, Florida
8 Statutes, is amended to read:
9 394.74 Contracts for provision of local substance
10 abuse and mental health programs.--
11 (3) Contracts shall include, but are not limited to:
12 (a) A provision that, within the limits of available
13 resources, substance abuse and mental health crisis services,
14 as defined in s. 394.67(4), shall be available to any
15 individual residing or employed within the service area,
16 regardless of ability to pay for such services, current or
17 past health condition, or any other factor;
18 (b) A provision that such services be available with
19 priority of attention being given to individuals who exhibit
20 symptoms of chronic or acute substance abuse or mental illness
21 and who are unable to pay the cost of receiving such services;
22 (c) A provision that every reasonable effort to
23 collect appropriate reimbursement for the cost of providing
24 substance abuse and mental health services to persons able to
25 pay for services, including first-party payments and
26 third-party payments, shall be made by facilities providing
27 services pursuant to this act;
28 (d) A program description and line-item operating
29 budget by program service component for substance abuse and
30 mental health services, provided the entire proposed operating
31 budget for the service provider will be displayed; and
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SENATE AMENDMENT
Bill No. HB 53-E
Amendment No. ___ Barcode 505788
1 (e) A provision that client demographic, service, and
2 outcome information required for the department's Mental
3 Health and Substance Abuse Data System be submitted to the
4 department by a date specified in the contract. The department
5 may not pay the provider unless the required information has
6 been submitted by the specified date; and
7 (f)(e) A requirement that the contractor must conform
8 to department rules and the priorities established thereunder.
9 Section 3. Subsection (8) of section 394.908, Florida
10 Statutes, is amended to read:
11 394.908 Substance abuse and mental health funding
12 equity; distribution of appropriations.--In recognition of the
13 historical inequity among service districts of the former
14 Department of Health and Rehabilitative Services in the
15 funding of substance abuse and mental health services, and in
16 order to rectify this inequity and provide for equitable
17 funding in the future throughout the state, the following
18 funding process shall be adhered to:
19 (8) For fiscal year 2002-2003 2001-2002 only, and
20 notwithstanding the provisions of this section, all new funds
21 received in excess of fiscal year 2001-2002 recurring
22 1998-1999 appropriations shall be allocated in accordance with
23 the provisions of the General Appropriations Act; however,
24 except as specified in this subsection, to the G. Pierce Wood
25 Memorial Hospital catchment area or other districts or
26 counties identified in the 2001-2002 General Appropriations
27 Act. The Department of Children and Family Services is
28 authorized to develop an alternative allocation methodology
29 based on national prevalence data for persons with severe and
30 persistent mental illness for use in the distribution of new
31 funds to the G. Pierce Wood Memorial Hospital catchment area.
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SENATE AMENDMENT
Bill No. HB 53-E
Amendment No. ___ Barcode 505788
1 no district shall receive an allocation of recurring funds
2 less than its initial approved operating budget, plus any
3 distributions of lump sum appropriations, for fiscal year
4 2001-2002 1998-1999, except for adjustments needed to
5 implement the SunCoast Region. This subsection expires July 1,
6 2003 2002.
7 Section 4. Section 414.035, Florida Statutes, is
8 amended to read:
9 414.035 Authorized expenditures.--Any expenditures
10 from the Temporary Assistance for Needy Families block grant,
11 or from other state funds that the secretary or his or her
12 designee determines meets the maintenance-of-effort
13 requirement for the block grant, must shall be expended in
14 accordance with the requirements and limitations of part A of
15 Title IV of the Social Security Act, as amended, or any other
16 applicable federal requirement or limitation. Prior to any
17 expenditure of such funds, the secretary of Children and
18 Family Services, or his or her designee, shall certify that
19 controls are in place to ensure such funds are expended in
20 accordance with the requirements and limitations of federal
21 law and that any reporting requirements of federal law are
22 met. It shall be the responsibility of any entity to which
23 such funds are appropriated to obtain the required
24 certification prior to any expenditure of funds.
25 Section 5. Section 409.16745, Florida Statutes, is
26 amended to read:
27 409.16745 Community partnership matching grant
28 program.--It is the intent of the Legislature to improve
29 services and local participation in community-based care
30 initiatives by fostering community support and providing
31 enhanced prevention and in-home services, thereby reducing the
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SENATE AMENDMENT
Bill No. HB 53-E
Amendment No. ___ Barcode 505788
1 risk otherwise faced by lead agencies. There is established a
2 community partnership matching grant program to be operated by
3 the Department of Children and Family Services for the purpose
4 of encouraging local participation in community-based care for
5 child welfare. Any children's services council or other local
6 government entity that makes a financial commitment to a
7 community-based care lead agency is eligible for a grant upon
8 proof that the children's services council or local government
9 entity has provided the selected lead agency at least $825,000
10 in start up funds, from any local resources otherwise
11 available to it. The total amount of local contribution may be
12 matched on a two-for-one basis up to a maximum amount of $2
13 million per council. Awarded matching grant funds may be used
14 for any prevention or in-home services provided by the
15 children's services council or other local government entity
16 that meets temporary-assistance-for-needy-families'
17 eligibility requirements and can be reasonably expected to
18 reduce the number of children entering the child welfare
19 system. To ensure necessary flexibility for the development,
20 start up, and ongoing operation of community-based care
21 initiatives, the notice period required for any budget action
22 authorized by the provisions of s. 20.19(5)(b), is waived for
23 the family safety program; however, the Department of Children
24 and Family Services must provide copies of all such actions to
25 the Executive Office of the Governor and Legislature within 72
26 hours of their occurrence. Funding available for the matching
27 grant program is subject to legislative appropriation of
28 nonrecurring temporary-assistance-for-needy-families funds
29 provided for the purpose. This section expires July 1, 2002.
30 Section 6. Upon approval of the Board of Trustees of
31 the Internal Improvement Trust Fund, the Division of State
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SENATE AMENDMENT
Bill No. HB 53-E
Amendment No. ___ Barcode 505788
1 Lands of the Department of Environmental Protection may sell
2 the former W.T. Edwards Hospital complex located in
3 Hillsborough County and the remaining Sunland complex located
4 in Leon County, currently under lease to the Department of
5 Children and Family Services. Notwithstanding chapter 253,
6 Florida Statutes, the proceeds from the sale must be deposited
7 into the Department of Children and Family Services'
8 Administrative Trust Fund and, subject to legislative
9 appropriation, must be used to construct, renovate, equip,
10 maintain, and improve the department's facilities.
11 Section 7. This act shall take effect July 1, 2002.
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15 And the title is amended as follows:
16 Delete everything before the enacting clause
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18 and insert:
19 A bill to be entitled
20 An act relating to the Department of Children
21 and Family Services; amending s. 216.181, F.S.;
22 providing for the use of funds by the
23 department; amending s. 394.74, F.S.;
24 prescribing a specified contract requirement;
25 amending s. 394.908, F.S.; revising provisions
26 governing substance abuse and mental health
27 funding equity; amending s. 414.035, F.S.;
28 revising provisions authorizing expenditures by
29 the department; amending s. 409.16745, F.S.;
30 abrogating the repeal of the community
31 partnership matching grant program; authorizing
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SENATE AMENDMENT
Bill No. HB 53-E
Amendment No. ___ Barcode 505788
1 the sale of certain facilities and providing
2 for the use of the proceeds; providing an
3 effective date.
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