Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1844 Ì6748142Î674814 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Rouson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. 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 this state. 13 Section 2. 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 within the Department of Children and Families. Except as 19 otherwise provided in this section, the commission shall operate 20 in a manner consistent with s. 20.052. 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 this 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 15 members as 31 follows: 32 1. The Secretary of Children and Families or his or her 33 designee. 34 2. The Secretary of the Agency for Health Care 35 Administration or his or her designee. 36 3. A family member of a consumer of publicly funded mental 37 health, appointed by the President of the Senate. 38 4. A representative of the Louis de la Parte Florida Mental 39 Health Institute within the University of South Florida, 40 appointed by the President of the Senate. 41 5. A representative of a school district, appointed by the 42 President of the Senate. 43 6. A representative of a county utilizing state-funded 44 mental health and substance abuse services, appointed by the 45 President of the Senate. 46 7. A representative of a treatment facility, as defined in 47 s. 394.455, appointed by the Speaker of the House of 48 Representatives. 49 8. A representative of a managing entity, as defined in s. 50 394.9082(2), appointed by the Speaker of the House of 51 Representatives. 52 9. A representative of a community-based substance abuse 53 services provider, appointed by the Speaker of the House of 54 Representatives. 55 10. A psychiatrist licensed under chapter 458 or chapter 56 459 practicing within the mental health delivery system, 57 appointed by the Speaker of the House of Representatives. 58 11. A psychologist licensed under chapter 490 practicing 59 within the mental health delivery system, appointed by the 60 Governor. 61 12. A mental health professional licensed under chapter 62 491, appointed by the Governor. 63 13. An emergency room physician, appointed by the Governor. 64 14. A representative from the field of law enforcement, 65 appointed by the Governor. 66 15. A representative of mental health courts, appointed by 67 the Governor. 68 (b) The Governor shall appoint the chair from the members 69 of the commission. Appointments to the commission must be made 70 by September 1, 2021. Members shall be appointed to serve 3-year 71 terms at the pleasure of the officer who appointed the member. A 72 vacancy on the commission shall be filled in the same manner as 73 the original appointment. 74 (c) The commission shall convene no later than September 1, 75 2021. The commission shall meet at least quarterly or upon the 76 call of the chair. The commission may hold its meetings via 77 teleconference or other electronic means. 78 (4) DUTIES.— 79 (a) The duties of the Commission on Mental Health and 80 Substance Abuse include the following: 81 1. Conducting a review and evaluation of the management and 82 functioning of the existing publicly supported mental health and 83 substance abuse systems and services in the Department of 84 Children and Families, the Agency for Health Care 85 Administration, and all other departments that administer mental 86 health and substance abuse services. Such review must include, 87 at a minimum, a review of current goals and objectives, current 88 planning, services strategies, coordination management, 89 purchasing, contracting, financing, local government funding 90 responsibility, and accountability mechanisms. 91 2. Addressing the unique needs of persons with a history of 92 substance abuse or with a comorbid psychiatric disorder. 93 3. Addressing access to, financing of, and scope of 94 responsibility in the delivery of emergency behavioral health 95 care services. 96 4. Addressing the quality and effectiveness of current 97 mental health and substance abuse services delivery systems, 98 professional staffing and clinical structure of services, and 99 roles and responsibilities of public and private providers, such 100 as community mental health centers; community-based substance 101 abuse agencies; hospitals, including emergency services 102 departments; law enforcement agencies; and the judicial system. 103 5. Addressing priority population groups for publicly 104 funded mental health and substance abuse services, identifying 105 the comprehensive mental health and substance abuse services 106 delivery systems, mental health and substance abuse needs 107 assessment and planning activities, and local government funding 108 responsibilities for mental health and substance abuse services. 109 6. Reviewing the implementation of chapter 2020-107, Laws 110 of Florida. 111 7. Identifying any gaps in the provision of mental health 112 and substance use disorder services. 113 8. Providing recommendations on how behavioral health 114 managing entities may fulfill their purpose of promoting service 115 continuity. 116 9. Submitting recommendations to the Governor, the 117 President of the Senate, and the Speaker of the House of 118 Representatives regarding the mission and objectives of state 119 supported mental health and substance abuse services and the 120 planning, management, staffing, financing, contracting, 121 coordination, and accountability mechanisms that will best 122 foster the recommended mission and objectives. 123 10. Recommending a permanent, agency-level entity to manage 124 mental health, substance abuse, and related services statewide. 125 (b) The commission may call upon appropriate departments 126 and agencies of state government for such professional 127 assistance as may be needed in the discharge of its duties, and 128 such departments and agencies shall provide such assistance in a 129 timely manner. 130 (5) REPORTS.—By September 1, 2022, and each year 131 thereafter, the commission shall submit its report to the 132 Governor, the President of the Senate, and the Speaker of the 133 House of Representatives containing its findings and 134 recommendations on how to best provide and facilitate mental 135 health and substance abuse services in this state. 136 (6) This section is repealed September 1, 2026, unless 137 reviewed and saved from repeal through reenactment by the 138 Legislature. 139 Section 3. This act shall take effect upon becoming a law. 140 141 ================= T I T L E A M E N D M E N T ================ 142 And the title is amended as follows: 143 Delete everything before the enacting clause 144 and insert: 145 A bill to be entitled 146 An act relating to the Commission on Mental Health and 147 Substance Abuse; providing legislative intent; 148 creating s. 394.9086, F.S.; creating the Commission on 149 Mental Health and Substance Abuse within the 150 Department of Children and Families; providing the 151 purpose of the commission; providing for membership, 152 term limits, meetings, and duties of the commission; 153 requiring certain agencies to provide assistance to 154 the commission in a timely manner; requiring the 155 commission to submit a report to the Governor and 156 Legislature by a specified date, and annually 157 thereafter; providing for future review and repeal 158 unless saved by the Legislature through reenactment; 159 providing an effective date.