| 1 | The Conference Committee on HB 5009 offered the following: |
| 2 |
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| 3 | Conference Committee Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (3) of section 394.457, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 394.457 Operation and administration.-- |
| 8 | (3) POWER TO CONTRACT.--The department may contract to |
| 9 | provide, and be provided with, services and facilities in order |
| 10 | to carry out its responsibilities under this part with the |
| 11 | following agencies: public and private hospitals; receiving and |
| 12 | treatment facilities; clinics; laboratories; departments, |
| 13 | divisions, and other units of state government; the state |
| 14 | colleges and universities; the community colleges; private |
| 15 | colleges and universities; counties, municipalities, and any |
| 16 | other governmental unit, including facilities of the United |
| 17 | States Government; and any other public or private entity which |
| 18 | provides or needs facilities or services. Baker Act funds for |
| 19 | community inpatient, crisis stabilization, short-term |
| 20 | residential treatment, and screening services must be allocated |
| 21 | to each county pursuant to the department's funding allocation |
| 22 | methodology. Notwithstanding the provisions of s. 287.057(5)(f), |
| 23 | contracts for community-based Baker Act services for inpatient, |
| 24 | crisis stabilization, short-term residential treatment, and |
| 25 | screening provided under this part, other than those with other |
| 26 | units of government, to be provided for the department must be |
| 27 | awarded using competitive sealed bids when the county commission |
| 28 | of the county receiving the services makes a request to the |
| 29 | department's district office by January 15 of the contracting |
| 30 | year. The district shall not enter into a competitively bid |
| 31 | contract under this provision if such action will result in |
| 32 | increases of state or local expenditures for Baker Act services |
| 33 | within the district. Contracts for these Baker Act services |
| 34 | using competitive sealed bids will be effective for 3 years. |
| 35 | Services contracted for by the department may be reimbursed by |
| 36 | the state at a rate up to 100 percent. The department shall |
| 37 | adopt rules establishing minimum standards for such contracted |
| 38 | services and facilities and shall make periodic audits and |
| 39 | inspections to assure that the contracted services are provided |
| 40 | and meet the standards of the department. |
| 41 | Section 2. Section 394.908, Florida Statutes, is amended |
| 42 | to read: |
| 43 | 394.908 Substance abuse and mental health funding equity; |
| 44 | distribution of appropriations.--In recognition of the |
| 45 | historical inequity among service districts of the former |
| 46 | Department of Health and Rehabilitative Services in the funding |
| 47 | of substance abuse and mental health services for the |
| 48 | department's districts and regions, and in order to rectify this |
| 49 | inequity and provide for equitable funding in the future |
| 50 | throughout the state, the following funding process shall be |
| 51 | used adhered to: |
| 52 | (1) Funding thresholds for substance abuse and mental |
| 53 | health services in each of the current districts, statewide, |
| 54 | shall be established based on the current number of persons in |
| 55 | need per district of substance abuse and mental health services, |
| 56 | respectively. |
| 57 | (2) "Persons in need" means those persons who fit the |
| 58 | profile of the respective target populations and require mental |
| 59 | health or substance abuse services. |
| 60 | (3) Seventy-five percent of Any additional funding beyond |
| 61 | the 2005-2006 1996-1997 fiscal year base appropriation for |
| 62 | alcohol, drug abuse, and mental health services shall be |
| 63 | allocated to districts for substance abuse and mental health |
| 64 | services based on: |
| 65 | (a) Epidemiological estimates of disabilities that which |
| 66 | apply to the respective target populations. |
| 67 | (b) A pro rata share distribution that ensures districts |
| 68 | below the statewide average funding level per person in each |
| 69 | target population of "persons in need" receive funding necessary |
| 70 | to achieve equity. |
| 71 | (4) The remaining 25 percent shall be allocated based on |
| 72 | the number of persons in need of substance abuse and mental |
| 73 | health services per district without regard to current funding |
| 74 | levels. |
| 75 | (4)(5) Target populations for persons in need shall be |
| 76 | displayed for each district and distributed concurrently with |
| 77 | the approved operating budget. The display by target population |
| 78 | shall show: The annual number of persons served based on prior |
| 79 | year actual numbers, the annual cost per person served, the |
| 80 | number of persons served by service cost center, and the |
| 81 | estimated number of the total target population for persons in |
| 82 | need. |
| 83 | (5)(6) The annual cost per person served shall be defined |
| 84 | as the total actual funding for each target population divided |
| 85 | by the number of persons served in the target population for |
| 86 | that year. |
| 87 | (7) Commencing on July 1, 1998, all additional funding |
| 88 | pursuant to this section shall be performance-based. |
| 89 | (8) For fiscal year 2004-2005 only, and notwithstanding |
| 90 | the provisions of this section, all new funds received in excess |
| 91 | of fiscal year 2003-2004 recurring appropriations shall be |
| 92 | allocated in accordance with the provisions of the General |
| 93 | Appropriations Act; however, no district shall receive an |
| 94 | allocation of recurring funds less than its initial approved |
| 95 | operating budget, plus any distributions of lump sum |
| 96 | appropriations or reductions in unfunded budget, for fiscal year |
| 97 | 2003-2004. This subsection expires July 1, 2005. |
| 98 | Section 3. This act shall take effect July 1, 2006. |
| 99 |
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| 100 | ======= T I T L E A M E N D M E N T ======== |
| 101 | Remove the entire title and insert: |
| 102 | A bill to be entitled |
| 103 | An act relating to substance abuse and mental health |
| 104 | services funding; amending s. 394.457, F.S.; deleting |
| 105 | provisions authorizing a reimbursement rate of 100 percent |
| 106 | by the Department of Children and Family Services for |
| 107 | certain services provided under the Baker Act; amending s. |
| 108 | 394.908, F.S.; revising the funding allocation |
| 109 | methodology; providing an effective date. |