Florida Senate - 2021 SB 1844 By Senator Rouson 19-00679A-21 20211844__ 1 A bill to be entitled 2 An act relating to the Mental Health and Substance 3 Abuse Disorder Services Commission; creating s. 4 394.4575, F.S.; creating the Mental Health and 5 Substance Abuse Disorder Services Commission within 6 the Department of Children and Families; providing the 7 purpose of the commission; requiring the commission to 8 convene by a specified date; specifying the 9 composition of the commission; providing the duties 10 and authority of the commission; requiring certain 11 agencies to provide assistance to the commission in a 12 timely manner; requiring the commission to submit an 13 initial report to the Governor and the Legislature by 14 a specified date; providing for the expiration of the 15 commission; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 394.4575, Florida Statutes, is created 20 to read: 21 394.4575 Mental Health and Substance Abuse Disorder 22 Services Commission.— 23 (1) The Mental Health and Substance Abuse Disorder Services 24 Commission, a commission as defined in s. 20.03(10), is created 25 within the Department of Children and Families for the purpose 26 of examining the provision of mental health and substance abuse 27 disorder services in this state. Except as otherwise provided in 28 this section, the commission shall operate in a manner 29 consistent with s. 20.052. 30 (2)(a) The commission shall convene no later than October 31 1, 2021, and shall be composed of 15 members appointed by the 32 Governor and confirmed by the Senate. The Governor shall appoint 33 the chair from among the members of the commission. The 34 Secretary of Children and Families and the Secretary of Health 35 Care Administration shall serve as ex officio, nonvoting members 36 of the commission. Appointed members must include: 37 1. A representative of the Florida Association of Managing 38 Entities. 39 2. A representative of the Florida Sheriffs Association. 40 3. A representative of the Florida Association of Counties. 41 4. A representative of the Florida Hospital Association. 42 5. A representative of the Florida Association of District 43 School Superintendents. 44 6. A representative of the Florida Behavioral Health 45 Association. 46 7. A representative of the Florida Coalition for Children. 47 8. A representative of the Florida Assisted Living 48 Association. 49 9. A representative of the American Civil Liberties Union. 50 10. A representative of the Florida Association of Healthy 51 Start Coalitions. 52 11. A representative of the Florida Housing Coalition. 53 12. A representative of the JJDP Advisory Group. 54 13. A representative of mental health courts. 55 14. A representative of public defenders. 56 15. A consumer representative. 57 (b) Each member shall be appointed to a 4-year term. 58 However, for the purpose of achieving staggered terms, of the 59 initial appointments, eight members shall be appointed to 2-year 60 terms and seven members shall be appointed to 4-year terms. 61 (3) The commission may meet as often as it deems necessary 62 to fulfill the duties prescribed in this section. 63 (4) The commission shall investigate the current system of 64 care in the provision of mental health and substance abuse 65 disorders in this state and develop recommendations for system 66 enhancements. At a minimum, the commission shall: 67 (a) Review the status of the provision of mental health and 68 substance abuse disorder services in this state and provide 69 recommendations to the Governor and the Legislature. 70 (b) Review the status of the provision of services to 71 individuals who have both a mental illness and a substance abuse 72 disorder, and provide recommendations to the Governor and the 73 Legislature. 74 (c) Review the implementation of chapter 2020-107, Laws of 75 Florida, and provide recommendations to the Governor and the 76 Legislature. 77 (d) Identify any gaps in the provision of mental health and 78 substance abuse disorder services. 79 (e) Provide recommendations on how behavioral health 80 managing entities may fulfill their purpose of promoting service 81 continuity. 82 (5) The commission may call upon appropriate agencies of 83 state government for professional assistance as needed in the 84 discharge of its duties, and such agencies shall provide their 85 assistance in a timely manner. 86 (6) Notwithstanding any other law, the commission may 87 request and shall be provided with access to any information or 88 records, including exempt or confidential and exempt information 89 or records, which pertain to the provision of mental health or 90 substance abuse disorder services and which are necessary for 91 the commission to carry out its duties. Information or records 92 obtained by the commission which are otherwise exempt or 93 confidential and exempt retain their exempt or confidential and 94 exempt status, and the commission may not disclose any such 95 information or records. 96 (7) The commission shall submit an initial report on its 97 findings and recommendations to the Governor, the President of 98 the Senate, and the Speaker of the House of Representatives by 99 July 1, 2023, and may issue reports annually thereafter. 100 (8) This section expires October 2, 2026. 101 Section 2. This act shall take effect upon becoming a law.