Florida Senate - 2021 SB 1888 By Senator Book 32-01740A-21 20211888__ 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 adjunct to the 6 Department of Children and Families; requiring the 7 department to provide administrative and staff support 8 services to the commission; providing purposes; 9 providing for membership, term limits, meetings, and 10 duties of the commission; requiring the commission to 11 submit a report of its findings and recommendations to 12 the Governor and Legislature by a specified date, and 13 annually thereafter; providing for future review and 14 repeal unless saved by the Legislature through 15 reenactment; 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 adjunct to the Department of Children and Families. The 33 department shall provide administrative and staff support 34 services relating to the functions of the commission. 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 19 members as 45 follows: 46 1. A member of the Senate, appointed by the President of 47 the Senate. 48 2. A member of the House of Representatives, appointed by 49 the Speaker of the House of Representatives. 50 3. The Secretary of Children and Families or his or her 51 designee. 52 4. The Surgeon General or his or her designee. 53 5. The Secretary of the Agency for Health Care 54 Administration or his or her designee. 55 6. A family member of a consumer of publicly funded mental 56 health, appointed by the President of the Senate. 57 7. A representative of the Louis de la Parte Florida Mental 58 Health Institute within the University of South Florida, 59 appointed by the President of the Senate. 60 8. A representative of a small rural county school 61 district, appointed by the President of the Senate. 62 9. A representative of a large county school district, 63 appointed by the Speaker of the House of Representatives. 64 10. A representative of a treatment facility, as defined in 65 s. 394.455, appointed by the Speaker of the House of 66 Representatives. 67 11. A representative of a managing entity, as defined in s. 68 394.9082(2), appointed by the Speaker of the House of 69 Representatives. 70 12. A representative of a community-based substance abuse 71 services provider, appointed by the Speaker of the House of 72 Representatives. 73 13. A psychiatrist licensed under chapter 458 or chapter 74 459 practicing within the mental health delivery system, 75 appointed by the Speaker of the House of Representatives. 76 14. A psychologist licensed under chapter 490 practicing 77 within the mental health delivery system, appointed by the 78 Governor. 79 15. A mental health professional licensed under chapter 80 491, appointed by the Governor. 81 16. An emergency room physician, appointed by the Governor. 82 17. A representative from the field of law enforcement, 83 appointed by the Governor. 84 18. A representative from the criminal justice system, 85 appointed by the Governor. 86 19. A representative of a child welfare agency involved in 87 the delivery of behavioral health services, appointed by the 88 Governor. 89 (b) The Governor shall appoint the chair from the members 90 of the commission. Appointments to the commission must be made 91 by August 1, 2021. Members shall be appointed to serve 3-year 92 terms at the pleasure of the officer who appointed the member. A 93 vacancy on the commission shall be filled in the same manner as 94 the original appointment. 95 (c) The commission shall convene no later than September 1, 96 2021. The commission shall meet monthly or upon the call of the 97 chair. The commission may hold its meetings via teleconference 98 or other electronic means. 99 (4) DUTIES.— 100 (a) The duties of the Commission on Mental Health and 101 Substance Abuse include the following: 102 1. Conducting a review and evaluation of the management and 103 functioning of the existing publicly supported mental health and 104 substance abuse systems and services in the Department of 105 Children and Families, the Agency for Health Care 106 Administration, and all other departments that administer mental 107 health and substance abuse services. Such review must include, 108 at a minimum, a review of current goals and objectives, current 109 planning, services strategies, coordination management, 110 purchasing, contracting, financing, local government funding 111 responsibility, and accountability mechanisms. 112 2. Addressing the unique needs of persons with a history of 113 substance abuse or with a comorbid psychiatric disorder. 114 3. Addressing access to, financing of, and scope of 115 responsibility in the delivery of emergency behavioral health 116 care services. 117 4. Addressing the quality and effectiveness of current 118 mental health and substance abuse services delivery systems, 119 professional staffing and clinical structure of services, and 120 roles and responsibilities of public and private providers, such 121 as community mental health centers; community-based substance 122 abuse agencies; hospitals, including emergency services 123 departments; law enforcement agencies; and the judicial system. 124 5. Addressing priority population groups for publicly 125 funded mental health and substance abuse services, identifying 126 the comprehensive mental health and substance abuse services 127 delivery systems, mental health and substance abuse needs 128 assessment and planning activities, and local government funding 129 responsibilities for mental health and substance abuse services. 130 6. 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 7. Recommending a permanent, agency-level entity to manage 138 mental health, behavioral health, substance abuse, and related 139 services statewide. 140 (b) The commission may call upon appropriate departments 141 and agencies of state government for such professional 142 assistance as may be needed in the discharge of its duties, and 143 such departments and agencies shall provide such assistance in a 144 timely manner. 145 (5) REPORTS.—By September 1, 2022, and each year 146 thereafter, the commission shall submit its report to the 147 Governor, the President of the Senate, and the Speaker of the 148 House of Representatives containing its findings and 149 recommendations on how to best provide and facilitate mental 150 health and substance abuse services in this state. 151 (6) This section is repealed September 1, 2026, unless 152 reviewed and saved from repeal through reenactment by the 153 Legislature. 154 Section 3. This act shall take effect upon becoming a law.