House Bill hb0053Eer

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    2002 Legislature                      HB 53-E, First Engrossed



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  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         for local substance abuse and mental health

  8         programs; amending s. 394.908, F.S.; revising

  9         provisions governing substance abuse and mental

10         health funding equity; amending s. 414.035,

11         F.S.; revising provisions authorizing

12         expenditures by the department for assistance

13         for needy families; amending s. 409.16745,

14         F.S.; abrogating the repeal of the community

15         partnership matching grant program; authorizing

16         the sale of specified hospital complexes and

17         providing for the use of the proceeds;

18         providing an effective date.

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

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

23  216.181, Florida Statutes, is amended to read:

24         216.181  Approved budgets for operations and fixed

25  capital outlay.--

26         (16)

27         (c)  Unless specifically prohibited in the General

28  Appropriations Act, funds appropriated to the Department of

29  Children and Family Services and the Department of Health may

30  be advanced for those contracted services that were approved

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


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  1  including those services contracted on a fixed-price or

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

  3  appropriated to the Department of Children and Family Services

  4  in Specific Appropriations 302-466 and the Department of

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

  6  General Appropriations Act may be advanced, unless

  7  specifically prohibited in such General Appropriations Act,

  8  for those contracted services that were approved for

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

10  including those services contracted on a fixed-price or

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

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

13  Statutes, is amended to read:

14         394.74  Contracts for provision of local substance

15  abuse and mental health programs.--

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

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

18  resources, substance abuse and mental health crisis services,

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

20  individual residing or employed within the service area,

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

22  past health condition, or any other factor;

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

24  priority of attention being given to individuals who exhibit

25  symptoms of chronic or acute substance abuse or mental illness

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

27         (c)  A provision that every reasonable effort to

28  collect appropriate reimbursement for the cost of providing

29  substance abuse and mental health services to persons able to

30  pay for services, including first-party payments and

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

  2  services pursuant to this act;

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

  4  budget by program service component for substance abuse and

  5  mental health services, provided the entire proposed operating

  6  budget for the service provider will be displayed; and

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

  8  outcome information required for the department's Mental

  9  Health and Substance Abuse Data System be submitted to the

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

11  may not pay the provider unless the required information has

12  been submitted by the specified date; and

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

14  to department rules and the priorities established thereunder.

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

16  Statutes, is amended to read:

17         394.908  Substance abuse and mental health funding

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

19  historical inequity among service districts of the former

20  Department of Health and Rehabilitative Services in the

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

22  order to rectify this inequity and provide for equitable

23  funding in the future throughout the state, the following

24  funding process shall be adhered to:

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

26  notwithstanding the provisions of this section, all new funds

27  received in excess of fiscal year 2001-2002 recurring

28  1998-1999 appropriations shall be allocated in accordance with

29  the provisions of the General Appropriations Act; however,

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

31  Memorial Hospital catchment area or other districts or


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  1  counties identified in the 2001-2002 General Appropriations

  2  Act. The Department of Children and Family Services is

  3  authorized to develop an alternative allocation methodology

  4  based on national prevalence data for persons with severe and

  5  persistent mental illness for use in the distribution of new

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

  7  no district shall receive an allocation of recurring funds

  8  less than its initial approved operating budget, plus any

  9  distributions of lump sum appropriations, for fiscal year

10  2001-2002 1998-1999, except for adjustments needed to

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

12  2003 2002.

13         Section 4.  Section 414.035, Florida Statutes, is

14  amended to read:

15         414.035  Authorized expenditures.--Any expenditures

16  from the Temporary Assistance for Needy Families block grant,

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

18  designee determines meets the maintenance-of-effort

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

20  accordance with the requirements and limitations of part A of

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

22  applicable federal requirement or limitation. Prior to any

23  expenditure of such funds, the secretary of Children and

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

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

26  accordance with the requirements and limitations of federal

27  law and that any reporting requirements of federal law are

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

29  such funds are appropriated to obtain the required

30  certification prior to any expenditure of funds.

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  1         Section 5.  Section 409.16745, Florida Statutes, is

  2  amended to read:

  3         409.16745  Community partnership matching grant

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

  5  services and local participation in community-based care

  6  initiatives by fostering community support and providing

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

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

  9  community partnership matching grant program to be operated by

10  the Department of Children and Family Services for the purpose

11  of encouraging local participation in community-based care for

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

13  government entity that makes a financial commitment to a

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

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

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

17  in start up funds, from any local resources otherwise

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

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

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

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

22  children's services council or other local government entity

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

24  eligibility requirements and can be reasonably expected to

25  reduce the number of children entering the child welfare

26  system. To ensure necessary flexibility for the development,

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

28  initiatives, the notice period required for any budget action

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

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

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


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  1  the Executive Office of the Governor and Legislature within 72

  2  hours of their occurrence. Funding available for the matching

  3  grant program is subject to legislative appropriation of

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

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

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

  7  the Internal Improvement Trust Fund, the Division of State

  8  Lands of the Department of Environmental Protection may sell

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

10  Hillsborough County and the remaining Sunland complex located

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

12  Children and Family Services. Notwithstanding chapter 253,

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

14  into the Department of Children and Family Services'

15  Administrative Trust Fund and, subject to legislative

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

17  maintain, and improve the department's facilities.

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

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