Florida Senate - 2021 CS for SB 1844
By the Committee on Children, Families, and Elder Affairs; and
Senator Rouson
586-03269-21 20211844c1
1 A bill to be entitled
2 An act relating to the Commission on Mental Health and
3 Substance Abuse; providing legislative intent;
4 creating s. 394.9086, F.S.; creating the Commission on
5 Mental Health and Substance Abuse within the
6 Department of Children and Families; providing the
7 purpose of the commission; providing for membership,
8 term limits, meetings, and duties of the commission;
9 requiring certain agencies to provide assistance to
10 the commission in a timely manner; requiring the
11 commission to submit a report to the Governor and
12 Legislature by a specified date, and annually
13 thereafter; providing for future review and repeal
14 unless saved by the Legislature through reenactment;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Based on recommendations in the Third Interim
20 Report of the 20th Statewide Grand Jury, submitted December 10,
21 2020, regarding the state’s mental health system, it is the
22 intent of the Legislature to establish a commission to examine
23 the state’s current policies and procedures for providing mental
24 health and substance abuse services and to make recommendations
25 to improve and facilitate the delivery of mental health and
26 substance abuse services throughout this state.
27 Section 2. Section 394.9086, Florida Statutes, is created
28 to read:
29 394.9086 Commission on Mental Health and Substance Abuse.—
30 (1) CREATION.—The Commission on Mental Health and Substance
31 Abuse, a commission as defined in s. 20.03(10), is created
32 within the Department of Children and Families. Except as
33 otherwise provided in this section, the commission shall operate
34 in a manner consistent with s. 20.052.
35 (2) PURPOSES.—The purposes of the commission are to examine
36 the current methods of providing mental health and substance
37 abuse services in this state and to improve the effectiveness of
38 current practices, procedures, programs, and initiatives in
39 providing such services; identify any barriers or deficiencies
40 in the delivery of such services; and recommend changes to
41 existing laws, rules, and policies necessary to implement the
42 commission’s recommendations.
43 (3) MEMBERSHIP; TERM LIMITS; MEETINGS.—
44 (a) The commission shall be composed of 15 members as
45 follows:
46 1. The Secretary of Children and Families or his or her
47 designee.
48 2. The Secretary of the Agency for Health Care
49 Administration or his or her designee.
50 3. A family member of a consumer of publicly funded mental
51 health, appointed by the President of the Senate.
52 4. A representative of the Louis de la Parte Florida Mental
53 Health Institute within the University of South Florida,
54 appointed by the President of the Senate.
55 5. A representative of a school district, appointed by the
56 President of the Senate.
57 6. A representative of a county utilizing state-funded
58 mental health and substance abuse services, appointed by the
59 President of the Senate.
60 7. A representative of a treatment facility, as defined in
61 s. 394.455, appointed by the Speaker of the House of
62 Representatives.
63 8. A representative of a managing entity, as defined in s.
64 394.9082(2), appointed by the Speaker of the House of
65 Representatives.
66 9. A representative of a community-based substance abuse
67 services provider, appointed by the Speaker of the House of
68 Representatives.
69 10. A psychiatrist licensed under chapter 458 or chapter
70 459 practicing within the mental health delivery system,
71 appointed by the Speaker of the House of Representatives.
72 11. A psychologist licensed under chapter 490 practicing
73 within the mental health delivery system, appointed by the
74 Governor.
75 12. A mental health professional licensed under chapter
76 491, appointed by the Governor.
77 13. An emergency room physician, appointed by the Governor.
78 14. A representative from the field of law enforcement,
79 appointed by the Governor.
80 15. A representative of mental health courts, appointed by
81 the Governor.
82 (b) The Governor shall appoint the chair from the members
83 of the commission. Appointments to the commission must be made
84 by September 1, 2021. Members shall be appointed to serve 3-year
85 terms at the pleasure of the officer who appointed the member. A
86 vacancy on the commission shall be filled in the same manner as
87 the original appointment.
88 (c) The commission shall convene no later than September 1,
89 2021. The commission shall meet at least quarterly or upon the
90 call of the chair. The commission may hold its meetings via
91 teleconference or other electronic means.
92 (4) DUTIES.—
93 (a) The duties of the Commission on Mental Health and
94 Substance Abuse include the following:
95 1. Conducting a review and evaluation of the management and
96 functioning of the existing publicly supported mental health and
97 substance abuse systems and services in the Department of
98 Children and Families, the Agency for Health Care
99 Administration, and all other departments that administer mental
100 health and substance abuse services. Such review must include,
101 at a minimum, a review of current goals and objectives, current
102 planning, services strategies, coordination management,
103 purchasing, contracting, financing, local government funding
104 responsibility, and accountability mechanisms.
105 2. Addressing the unique needs of persons with a history of
106 substance abuse or with a comorbid psychiatric disorder.
107 3. Addressing access to, financing of, and scope of
108 responsibility in the delivery of emergency behavioral health
109 care services.
110 4. Addressing the quality and effectiveness of current
111 mental health and substance abuse services delivery systems,
112 professional staffing and clinical structure of services, and
113 roles and responsibilities of public and private providers, such
114 as community mental health centers; community-based substance
115 abuse agencies; hospitals, including emergency services
116 departments; law enforcement agencies; and the judicial system.
117 5. Addressing priority population groups for publicly
118 funded mental health and substance abuse services, identifying
119 the comprehensive mental health and substance abuse services
120 delivery systems, mental health and substance abuse needs
121 assessment and planning activities, and local government funding
122 responsibilities for mental health and substance abuse services.
123 6. Reviewing the implementation of chapter 2020-107, Laws
124 of Florida.
125 7. Identifying any gaps in the provision of mental health
126 and substance use disorder services.
127 8. Providing recommendations on how behavioral health
128 managing entities may fulfill their purpose of promoting service
129 continuity.
130 9. Submitting recommendations to the Governor, the
131 President of the Senate, and the Speaker of the House of
132 Representatives regarding the mission and objectives of state
133 supported mental health and substance abuse services and the
134 planning, management, staffing, financing, contracting,
135 coordination, and accountability mechanisms that will best
136 foster the recommended mission and objectives.
137 10. Recommending a permanent, agency-level entity to manage
138 mental health, substance abuse, and related services statewide.
139 (b) The commission may call upon appropriate departments
140 and agencies of state government for such professional
141 assistance as may be needed in the discharge of its duties, and
142 such departments and agencies shall provide such assistance in a
143 timely manner.
144 (5) REPORTS.—By September 1, 2022, and each year
145 thereafter, the commission shall submit its report to the
146 Governor, the President of the Senate, and the Speaker of the
147 House of Representatives containing its findings and
148 recommendations on how to best provide and facilitate mental
149 health and substance abuse services in this state.
150 (6) REPEAL.—This section is repealed September 1, 2026,
151 unless reviewed and saved from repeal through reenactment by the
152 Legislature.
153 Section 3. This act shall take effect upon becoming a law.