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         394.4575Mental 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.