Amendment
Bill No. 5009
Amendment No. 177583
CHAMBER ACTION
Senate House
.
.
.






1The Conference Committee on HB 5009 offered the following:
2
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
6Statutes, is amended to read:
7     394.457  Operation and administration.--
8     (3)  POWER TO CONTRACT.--The department may contract to
9provide, and be provided with, services and facilities in order
10to carry out its responsibilities under this part with the
11following agencies: public and private hospitals; receiving and
12treatment facilities; clinics; laboratories; departments,
13divisions, and other units of state government; the state
14colleges and universities; the community colleges; private
15colleges and universities; counties, municipalities, and any
16other governmental unit, including facilities of the United
17States Government; and any other public or private entity which
18provides or needs facilities or services. Baker Act funds for
19community inpatient, crisis stabilization, short-term
20residential treatment, and screening services must be allocated
21to each county pursuant to the department's funding allocation
22methodology. Notwithstanding the provisions of s. 287.057(5)(f),
23contracts for community-based Baker Act services for inpatient,
24crisis stabilization, short-term residential treatment, and
25screening provided under this part, other than those with other
26units of government, to be provided for the department must be
27awarded using competitive sealed bids when the county commission
28of the county receiving the services makes a request to the
29department's district office by January 15 of the contracting
30year. The district shall not enter into a competitively bid
31contract under this provision if such action will result in
32increases of state or local expenditures for Baker Act services
33within the district. Contracts for these Baker Act services
34using competitive sealed bids will be effective for 3 years.
35Services contracted for by the department may be reimbursed by
36the state at a rate up to 100 percent. The department shall
37adopt rules establishing minimum standards for such contracted
38services and facilities and shall make periodic audits and
39inspections to assure that the contracted services are provided
40and meet the standards of the department.
41     Section 2.  Section 394.908, Florida Statutes, is amended
42to read:
43     394.908  Substance abuse and mental health funding equity;
44distribution of appropriations.--In recognition of the
45historical inequity among service districts of the former
46Department of Health and Rehabilitative Services in the funding
47of substance abuse and mental health services for the
48department's districts and regions, and in order to rectify this
49inequity and provide for equitable funding in the future
50throughout the state, the following funding process shall be
51used adhered to:
52     (1)  Funding thresholds for substance abuse and mental
53health services in each of the current districts, statewide,
54shall be established based on the current number of persons in
55need per district of substance abuse and mental health services,
56respectively.
57     (2)  "Persons in need" means those persons who fit the
58profile of the respective target populations and require mental
59health or substance abuse services.
60     (3)  Seventy-five percent of Any additional funding beyond
61the 2005-2006 1996-1997 fiscal year base appropriation for
62alcohol, drug abuse, and mental health services shall be
63allocated to districts for substance abuse and mental health
64services based on:
65     (a)  Epidemiological estimates of disabilities that which
66apply to the respective target populations.
67     (b)  A pro rata share distribution that ensures districts
68below the statewide average funding level per person in each
69target population of "persons in need" receive funding necessary
70to achieve equity.
71     (4)  The remaining 25 percent shall be allocated based on
72the number of persons in need of substance abuse and mental
73health services per district without regard to current funding
74levels.
75     (4)(5)  Target populations for persons in need shall be
76displayed for each district and distributed concurrently with
77the approved operating budget. The display by target population
78shall show: The annual number of persons served based on prior
79year actual numbers, the annual cost per person served, the
80number of persons served by service cost center, and the
81estimated number of the total target population for persons in
82need.
83     (5)(6)  The annual cost per person served shall be defined
84as the total actual funding for each target population divided
85by the number of persons served in the target population for
86that year.
87     (7)  Commencing on July 1, 1998, all additional funding
88pursuant to this section shall be performance-based.
89     (8)  For fiscal year 2004-2005 only, and notwithstanding
90the provisions of this section, all new funds received in excess
91of fiscal year 2003-2004 recurring appropriations shall be
92allocated in accordance with the provisions of the General
93Appropriations Act; however, no district shall receive an
94allocation of recurring funds less than its initial approved
95operating budget, plus any distributions of lump sum
96appropriations or reductions in unfunded budget, for fiscal year
972003-2004. This subsection expires July 1, 2005.
98     Section 3.  This act shall take effect July 1, 2006.
99
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
103An act relating to substance abuse and mental health
104services funding; amending s. 394.457, F.S.; deleting
105provisions authorizing a reimbursement rate of 100 percent
106by the Department of Children and Family Services for
107certain services provided under the Baker Act; amending s.
108394.908, F.S.; revising the funding allocation
109methodology; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.