Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. PCS (154204) for CS for SB 130 Ì556044"Î556044 LEGISLATIVE ACTION Senate . House Comm: WD . 04/16/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Rouson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 102 and 103 4 insert: 5 Section 2. Based on recommendations in the Third Interim 6 Report of the 20th Statewide Grand Jury, submitted December 10, 7 2020, regarding the state’s mental health system, it is the 8 intent of the Legislature to establish a commission to examine 9 the state’s current policies and procedures for providing mental 10 health and substance abuse services and to make recommendations 11 to improve and facilitate the delivery of mental health and 12 substance abuse services throughout the state. 13 Section 3. Section 394.9086, Florida Statutes, is created 14 to read: 15 394.9086 Commission on Mental Health and Substance Abuse.— 16 (1) CREATION.—The Commission on Mental Health and Substance 17 Abuse, a commission as defined in s. 20.03(10), is created 18 adjunct to the Department of Children and Families. The 19 department shall provide administrative and staff support 20 services relating to the functions of the commission. 21 (2) PURPOSES.—The purposes of the commission are to examine 22 the current methods of providing mental health and substance 23 abuse services in the state and to improve the effectiveness of 24 current practices, procedures, programs, and initiatives in 25 providing such services; identify any barriers or deficiencies 26 in the delivery of such services; and recommend changes to 27 existing laws, rules, and policies necessary to implement the 28 commission’s recommendations. 29 (3) MEMBERSHIP; TERM LIMITS; MEETINGS.— 30 (a) The commission shall be composed of 19 members as 31 follows: 32 1. A member of the Senate, appointed by the President of 33 the Senate. 34 2. A member of the House of Representatives, appointed by 35 the Speaker of the House of Representatives. 36 3. The Secretary of Children and Families or his or her 37 designee. 38 4. The Secretary of the Agency for Health Care 39 Administration or his or her designee. 40 5. A person living with a mental health disorder appointed 41 by the President of the Senate. 42 6. A family member of a consumer of publicly funded mental 43 health, appointed by the President of the Senate. 44 7. A representative of the Louis de la Parte Florida Mental 45 Health Institute within the University of South Florida, 46 appointed by the President of the Senate. 47 8. A representative of a county school district, appointed 48 by the President of the Senate. 49 9. A representative of mental health courts, appointed by 50 the Governor. 51 10. A representative of a treatment facility, as defined in 52 s. 394.455, appointed by the Speaker of the House of 53 Representatives. 54 11. A representative of a managing entity as defined in s. 55 394.9082(2), appointed by the Speaker of the House of 56 Representatives. 57 12. A representative of a community substance abuse 58 provider, appointed by the Speaker of the House of 59 Representatives. 60 13. A psychiatrist licensed under chapter 458 or chapter 61 459 practicing within the mental health delivery system, 62 appointed by the Speaker of the House of Representatives. 63 14. A psychologist licensed under chapter 490 practicing 64 within the mental health delivery system, appointed by the 65 Governor. 66 15. A mental health professional licensed under chapter 67 491, appointed by the Governor. 68 16. An emergency room physician, appointed by the Governor. 69 17. A representative from the field of law enforcement, 70 appointed by the Governor. 71 18. A representative from the criminal justice system, 72 appointed by the Governor. 73 19. A representative of a child welfare agency involved in 74 the delivery of behavioral health services, appointed by the 75 Governor. 76 (b) The Governor shall appoint the chair from the members 77 of the commission. Appointments to the commission must be made 78 by August 1, 2021. Members shall be appointed to serve at the 79 pleasure of the officer who appointed the member. A vacancy on 80 the commission shall be filled in the same manner as the 81 original appointment. 82 (c) The commission shall convene no later than September 1, 83 2021. The commission shall meet quarterly or upon the call of 84 the chair. The commission shall hold its meetings via 85 teleconference or other electronic means. 86 (4) DUTIES.— 87 (a) The duties of the Commission on Mental Health and 88 Substance Abuse include the following: 89 1. Conducting a review and evaluation of the management and 90 functioning of the existing publicly supported mental health and 91 substance abuse systems and services in the Department of 92 Children and Families, the Agency for Health Care 93 Administration, and all other departments which administer 94 mental health and substance abuse services. Such review shall 95 include, at a minimum, a review of current goals and objectives, 96 current planning, services strategies, coordination management, 97 purchasing, contracting, financing, local government funding 98 responsibility, and accountability mechanisms. 99 2. Considering the unique needs of persons who are dually 100 diagnosed. 101 3. Addressing access to, and financing of, and scope of 102 responsibility in the delivery of emergency behavioral health 103 care services. 104 4. Addressing the quality and effectiveness of current 105 mental health and substance abuse services delivery systems, and 106 professional staffing and clinical structure of services, roles, 107 and responsibilities of public and private providers, such as 108 community mental health centers, community substance abuse 109 agencies, hospitals, including emergency services departments, 110 law enforcement agencies, and the judicial system. 111 5. Addressing priority population groups for publicly 112 funded mental health and substance abuse services, identifying 113 the comprehensive mental health and substance abuse services 114 delivery systems, mental health and substance abuse needs 115 assessment and planning activities, and local government funding 116 responsibilities for mental health and substance abuse services. 117 6. Reviewing the implementation of chapter 2020-107, Laws 118 of Florida. 119 7. Identifying any gaps in the provision of mental health 120 and substance use disorder services. 121 8. Providing recommendations on how behavioral health 122 managing entities may fulfill their purpose of promoting service 123 continuity. 124 9. Making recommendations regarding the mission and 125 objectives of state-supported mental health and substance abuse 126 services and the planning, management, staffing, financing, 127 contracting, coordination, and accountability mechanisms which 128 will best foster the recommended mission and objectives. 129 10. Evaluating and making recommendations regarding the 130 establishment of a permanent, agency-level entity to manage 131 mental health, substance abuse, and related services statewide. 132 At a minimum, the evaluation must consider and describe the: 133 a. Specific duties and organizational structure proposed 134 for the entity; 135 b. Resource needs of the entity and possible sources of 136 funding; 137 c. Estimated impact on access to and quality of services; 138 d. Impact on individuals with behavioral health needs and 139 their families, both those currently served through the affected 140 systems providing behavioral health services and those in need 141 of services; and 142 e. Relation to, integration with, and impact on providers, 143 managing entities, communities, state agencies, and systems 144 which provide mental health and substance abuse services in this 145 state. Such recommendations must ensure that the ability of such 146 other agencies and systems to carry out their missions and 147 responsibilities is not impaired. 148 (b) The commission may call upon appropriate departments 149 and agencies of state government for such professional 150 assistance as may be needed in the discharge of its duties, and 151 such departments and agencies shall provide such assistance in a 152 timely manner. 153 (5) REPORTS.—By September 1, 2022, the commission shall 154 submit an interim report to the President of the Senate, the 155 Speaker of the House of Representatives, and the Governor 156 containing its findings and recommendations on how to best 157 provide and facilitate mental health and substance abuse 158 services in the state. The commission shall submit its final 159 report by September 1, 2023. 160 (6) REPEAL.—This section is repealed September 1, 2023, 161 unless saved from repeal through reenactment by the Legislature. 162 163 ================= T I T L E A M E N D M E N T ================ 164 And the title is amended as follows: 165 Delete line 7 166 and insert: 167 technical change; providing legislative intent; 168 creating s. 394.9086, F.S.; creating the Commission on 169 Mental Health and Substance Abuse adjunct to the 170 Department of Children and Families; requiring the 171 department to provide administrative and staff support 172 services to the commission; providing purposes of the 173 commission; providing for membership, term limits, 174 meetings, and duties of the commission; requiring the 175 commission to submit reports of its findings and 176 recommendations to the Legislature and Governor by a 177 specified date; providing for future repeal unless 178 saved by the Legislature through reenactment; amending 179 s. 397.4073, F.S.; revising