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         394.9086Commission 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.