Florida Senate - 2020 SB 1678 By Senator Montford 3-01042B-20 20201678__ Page 1 of 25 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to substance abuse and mental health; 2 amending s. 394.455, F.S.; revising the definition of 3 “mental illness”; amending s. 394.495, F.S.; revising 4 the counties that a community action treatment team 5 must serve; amending s. 394.656, F.S.; renaming the 6 Criminal Justice, Mental Health, and Substance Abuse 7 Statewide Grant Review Committee as the Criminal 8 Justice, Mental Health, and Substance Abuse Statewide 9 Grant Advisory Committee; revising membership of the 10 committee; revising the committee’s duties and 11 requirements; revising the entities that may apply for 12 certain grants; revising the eligibility requirements 13 for the grants; revising the selection process for 14 grant recipients; amending s. 394.657, F.S.; 15 conforming provisions to changes made by the act; 16 amending s. 394.658, F.S.; revising requirements of 17 the Criminal Justice, Mental Health, and Substance 18 Abuse Reinvestment Grant Program; amending s. 394.674, 19 F.S.; revising eligibility requirements for certain 20 substance abuse and mental health services; providing 21 priority for specified individuals; amending s. 22 394.908, F.S.; revising the definition of the term 23 “individuals in need”; revising requirements for 24 substance abuse and mental health funding equity; 25 amending s. 397.321, F.S.; deleting a provision 26 requiring the Department of Children and Families to 27 develop a certification process for community 28 substance abuse prevention coalitions; amending s. 29

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 2 of 25 CODING: Words stricken are deletions; words underlined are additions. 397.99, F.S.; revising administration requirements for 30 the school substance abuse prevention partnership 31 grant program; revising application procedures and 32 funding requirements for the program; revising 33 requirements relating to the review of grant 34 applications; amending s. 916.111, F.S.; requiring the 35 department to provide refresher training for specified 36 mental health professionals; providing requirements 37 for such training; amending s. 916.115, F.S.; revising 38 requirements for the appointment of experts to 39 evaluate certain defendants; requiring appointed 40 experts to complete specified training; providing an 41 effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45

Section 1. Subsection (28) of

section 394.455, Florida 46 Statutes, is amended to read: 47 394.455

Definitions.—As used in this part, the term: 48 (28) “Mental illness” means an impairment of the mental or 49 emotional processes that exercise conscious control of one’s 50 actions or of the ability to perceive or understand reality, 51 which impairment substantially interferes with the person’s 52 ability to meet the ordinary demands of living. For the purposes 53 of this part, the term does not include a developmental 54 disability as defined in

chapter 393, intoxication, or 55 conditions manifested only by antisocial behavior, dementia, 56 traumatic brain injury, or substance abuse. 57

Section 2. Paragraph (

e) of subsection (6) of

section 58

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 3 of 25 CODING: Words stricken are deletions; words underlined are additions. 394.495, Florida Statutes, is amended to read: 59 394.495 Child and adolescent mental health system of care; 60 programs and services.— 61

(6) The department shall contract for community action 62 treatment teams throughout the state with the managing entities. 63 A community action treatment team shall: 64 (e)1. Subject to appropriations and at a minimum, 65 individually serve each of the following counties or regions: 66 a. Alachua. 67 b. Alachua, Columbia, Dixie, Hamilton, Lafayette, and 68 Suwannee. 69 c. Bay. 70 d. Brevard. 71 e. Charlotte. 72 f.e. Collier. 73 g.f. DeSoto and Sarasota. 74 h.g. Duval. 75 i.h. Escambia. 76 j.i. Hardee, Highlands, and Polk. 77 k.j. Hillsborough. 78 l.k. Indian River, Martin, Okeechobee, and St. Lucie. 79 m.l.

Lake and Sumter. 80 n.m. Lee. 81 o. Leon. 82 p.n. Manatee. 83 q.o. Marion. 84 r.p. Miami-Dade. 85 s.q. Okaloosa. 86 t.r. Orange. 87

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 4 of 25 CODING: Words stricken are deletions; words underlined are additions. u.s. Palm Beach. 88 v.t. Pasco. 89 w.u. Pinellas. 90 x.v. Walton. 91 2. Subject to appropriations, the department shall contract 92 for additional teams through the managing entities to ensure the 93 availability of community action treatment team services in the 94 remaining areas of the state. 95

Section

Section 394.656, Florida Statutes, is amended to 96 read: 97 394.656 Criminal Justice, Mental Health, and Substance 98 Abuse Reinvestment Grant Program.— 99

(1) There is created within the Department of Children and 100 Families the Criminal Justice, Mental Health, and Substance 101 Abuse Reinvestment Grant Program. The purpose of the program is 102 to provide funding to counties which they may use to plan, 103 implement, or expand initiatives that increase public safety, 104 avert increased spending on criminal justice, and improve the 105 accessibility and effectiveness of treatment services for adults 106 and juveniles who have a mental illness, substance use abuse 107 disorder, or co-occurring mental health and substance use abuse 108 disorders and who are in, or at risk of entering, the criminal 109 or juvenile justice systems. 110

(2) The department shall establish a Criminal Justice, 111 Mental Health, and Substance Abuse Statewide Grant Advisory 112 Review Committee. The committee shall include: 113 (

a) One representative of the Department of Children and 114 Families.; 115 (

b) One representative of the Department of Corrections.; 116

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 5 of 25 CODING: Words stricken are deletions; words underlined are additions. (

c) One representative of the Department of Juvenile 117 Justice.; 118 (

d) One representative of the Department of Elderly 119 Affairs.; 120 (

e) One representative of the Office of the State Courts 121 Administrator.; 122 (

f) One representative of the Department of Veterans’ 123 Affairs.; 124 (

g) One representative of the Florida Sheriffs 125 Association.; 126 (

h) One representative of the Florida Police Chiefs 127 Association.; 128 (

i) One representative of the Florida Association of 129 Counties.; 130 (

j) One representative of the Florida Behavioral Health 131 Alcohol and Drug Abuse Association.; 132 (

k) One representative of the Florida Association of 133 Managing Entities.; 134 (

l) One representative of the Florida Council for Community 135 Mental Health; 136 (l)(

m) One representative of the National Alliance of 137 Mental Illness.; 138 (m)(

n) One representative of the Florida Prosecuting 139 Attorneys Association.; 140 (n)(

o) One representative of the Florida Public Defender 141 Association; and 142 (

p) One administrator of an assisted living facility that 143 holds a limited mental health license. 144

(3) The committee shall serve as the advisory body to 145

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 6 of 25 CODING: Words stricken are deletions; words underlined are additions. review policy and funding issues that help reduce the impact of 146 persons with mental illness and substance use abuse disorders on 147 communities, criminal justice agencies, and the court system. 148 The committee shall advise the department in selecting 149 priorities for grants and investing awarded grant moneys. 150

(4) The committee must have experience in substance use and 151 mental health disorders, community corrections, and law 152 enforcement. To the extent possible, the committee shall have 153 expertise in grant review and grant application scoring. 154 (5)(

a) A county, a consortium of counties, or an a not-for-155 profit community provider or managing entity designated by the 156 county planning council or committee, as described in s. 157 394.657, may apply for a 1-year planning grant or a 3-year 158 implementation or expansion grant. The purpose of the grants is 159 to demonstrate that investment in treatment efforts related to 160 mental illness, substance use abuse disorders, or co-occurring 161 mental health and substance use abuse disorders results in a 162 reduced demand on the resources of the judicial, corrections, 163 juvenile detention, and health and social services systems. 164 (

b) To be eligible to receive a 1-year planning grant or a 165 3-year implementation or expansion grant: 166 1. An A county applicant must have a planning council or 167 committee that is in compliance with the membership requirements 168 set forth in this section. 169 2. A county planning council or committee may designate a 170 not-for-profit community provider, a or managing entity as 171 defined in s. 394.9082, the county sheriff or his or her 172 designee, or a local law enforcement agency to apply on behalf 173 of the county. The county planning council or committee must 174

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 7 of 25 CODING: Words stricken are deletions; words underlined are additions. provide must be designated by the county planning council or 175 committee and have written authorization to submit an 176 application. A not-for-profit community provider or managing 177 entity must have written authorization for each designated 178 entity and each submitted application. 179 (

c) The department may award a 3-year implementation or 180 expansion grant to an applicant who has not received a 1-year 181 planning grant. 182 (

d) The department may require an applicant to conduct 183 sequential intercept mapping for a project. For purposes of this 184 paragraph, the term “sequential intercept mapping” means a 185 process for reviewing a local community’s mental health, 186 substance abuse, criminal justice, and related systems and 187 identifying points of interceptions where interventions may be 188 made to prevent an individual with a substance use abuse 189 disorder or mental illness from deeper involvement in the 190 criminal justice system. 191

(6) The department grant review and selection committee 192 shall select the grant recipients in collaboration with the 193 Department of Corrections, the Department of Juvenile Justice, 194 the Department of Elderly Affairs, the Office of the State 195 Courts Administrator, and the Department of Veterans’ Affairs 196 and notify the department in writing of the recipients’ names. 197 Contingent upon the availability of funds and upon notification 198 by the grant review and selection committee of those applicants 199 approved to receive planning, implementation, or expansion 200 grants, the department may transfer funds appropriated for the 201 grant program to a selected grant recipient. 202

Section 4. Subsection (1) of

section 394.657, Florida 203

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 9 of 25 CODING: Words stricken are deletions; words underlined are additions. the department of Children and Families, in collaboration with 233 the Department of Corrections, the Department of Juvenile 234 Justice, the Department of Elderly Affairs, the Department of 235 Veterans’ Affairs, and the Office of the State Courts 236 Administrator, shall establish criteria to be used to review 237 submitted applications and to select a the county that will be 238 awarded a 1-year planning grant or a 3-year implementation or 239 expansion grant.

A planning, implementation, or expansion grant 240 may not be awarded unless the application of the county meets 241 the established criteria. 242 (

a) The application criteria for a 1-year planning grant 243 must include a requirement that the applicant county or counties 244 have a strategic plan to initiate systemic change to identify 245 and treat individuals who have a mental illness, substance use 246 abuse disorder, or co-occurring mental health and substance use 247 abuse disorders who are in, or at risk of entering, the criminal 248 or juvenile justice systems.

The 1-year planning grant must be 249 used to develop effective collaboration efforts among 250 participants in affected governmental agencies, including the 251 criminal, juvenile, and civil justice systems, mental health and 252 substance abuse treatment service providers, transportation 253 programs, and housing assistance programs.

The collaboration 254 efforts shall be the basis for developing a problem-solving 255 model and strategic plan for treating individuals adults and 256 juveniles who are in, or at risk of entering, the criminal or 257 juvenile justice system and doing so at the earliest point of 258 contact, taking into consideration public safety. The planning 259 grant shall include strategies to divert individuals from 260 judicial commitment to community-based service programs offered 261

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 10 of 25 CODING: Words stricken are deletions; words underlined are additions. by the department of Children and Families in accordance with 262 ss. 916.13 and 916.17. 263 (

b) The application criteria for a 3-year implementation or 264 expansion grant must shall require that the applicant 265 information from a county that demonstrates its completion of a 266 well-established collaboration plan that includes public-private 267 partnership models and the application of evidence-based 268 practices. The implementation or expansion grants may support 269 programs and diversion initiatives that include, but need not be 270 limited to: 271 1. Mental health courts.; 272 2. Diversion programs.; 273 3. Alternative prosecution and sentencing programs.; 274 4.

Crisis intervention teams.; 275 5. Treatment accountability services.; 276 6. Specialized training for criminal justice, juvenile 277 justice, and treatment services professionals.; 278 7. Service delivery of collateral services such as housing, 279 transitional housing, and supported employment.; and 280 8. Reentry services to create or expand mental health and 281 substance abuse services and supports for affected persons. 282 (

c) Each county application must include the following 283 information: 284 1. An analysis of the current population of the jail and 285 juvenile detention center in the county, which includes: 286 a. The screening and assessment process that the county 287 uses to identify an adult or juvenile who has a mental illness, 288 substance use abuse disorder, or co-occurring mental health and 289 substance use abuse disorders.; 290

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 11 of 25 CODING: Words stricken are deletions; words underlined are additions. b. The percentage of each category of individuals persons 291 admitted to the jail and juvenile detention center that 292 represents people who have a mental illness, substance use abuse 293 disorder, or co-occurring mental health and substance use abuse 294 disorders.; and 295 c. An analysis of observed contributing factors that affect 296 population trends in the county jail and juvenile detention 297 center. 298 2.

A description of the strategies the applicant county 299 intends to use to serve one or more clearly defined subsets of 300 the population of the jail and juvenile detention center who 301 have a mental illness or to serve those at risk of arrest and 302 incarceration. The proposed strategies may include identifying 303 the population designated to receive the new interventions, a 304 description of the services and supervision methods to be 305 applied to that population, and the goals and measurable 306 objectives of the new interventions.

An applicant The 307 interventions a county may use with the target population may 308 use include, but are not limited to, the following 309 interventions: 310 a. Specialized responses by law enforcement agencies.; 311 b. Centralized receiving facilities for individuals 312 evidencing behavioral difficulties.; 313 c. Postbooking alternatives to incarceration.; 314 d. New court programs, including pretrial services and 315 specialized dockets.; 316 e. Specialized diversion programs.; 317 f. Intensified transition services that are directed to the 318 designated populations while they are in jail or juvenile 319

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 12 of 25 CODING: Words stricken are deletions; words underlined are additions. detention to facilitate their transition to the community.; 320 g. Specialized probation processes.; 321 h. Day-reporting centers.; 322 i. Linkages to community-based, evidence-based treatment 323 programs for adults and juveniles who have mental illness or 324 substance use abuse disorders.; and 325 j. Community services and programs designed to prevent 326 high-risk populations from becoming involved in the criminal or 327 juvenile justice system. 328 3.

The projected effect the proposed initiatives will have 329 on the population and the budget of the jail and juvenile 330 detention center. The information must include: 331 a. An The county’s estimate of how the initiative will 332 reduce the expenditures associated with the incarceration of 333 adults and the detention of juveniles who have a mental 334 illness.; 335 b. The methodology that will be used the county intends to 336 use to measure the defined outcomes and the corresponding 337 savings or averted costs.; 338 c.

An The county’s estimate of how the cost savings or 339 averted costs will sustain or expand the mental health and 340 substance abuse treatment services and supports needed in the 341 community.; and 342 d. How the county’s proposed initiative will reduce the 343 number of individuals judicially committed to a state mental 344 health treatment facility. 345 4. The proposed strategies that the county intends to use 346 to preserve and enhance its community mental health and 347 substance abuse system, which serves as the local behavioral 348

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 13 of 25 CODING: Words stricken are deletions; words underlined are additions. health safety net for low-income and uninsured individuals. 349 5. The proposed strategies that the county intends to use 350 to continue the implemented or expanded programs and initiatives 351 that have resulted from the grant funding. 352 (2)(

a) As used in this subsection, the term “available 353 resources” includes in-kind contributions from participating 354 counties. 355 (

b) A 1-year planning grant may not be awarded unless the 356 applicant county makes available resources in an amount equal to 357 the total amount of the grant. A planning grant may not be used 358 to supplant funding for existing programs. For fiscally 359 constrained counties, the available resources may be at 50 360 percent of the total amount of the grant. 361 (

c) A 3-year implementation or expansion grant may not be 362 awarded unless the applicant county or consortium of counties 363 makes available resources equal to the total amount of the 364 grant. For fiscally constrained counties, the available 365 resources may be at 50 percent of the total amount of the grant. 366 This match shall be used for expansion of services and may not 367 supplant existing funds for services. An implementation or 368 expansion grant must support the implementation of new services 369 or the expansion of services and may not be used to supplant 370 existing services. 371

(3) Using the criteria adopted by rule, the county 372 designated or established criminal justice, juvenile justice, 373 mental health, and substance abuse planning council or committee 374 shall prepare the county or counties’ application for the 1-year 375 planning or 3-year implementation or expansion grant. The county 376 shall submit the completed application to the department 377

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 14 of 25 CODING: Words stricken are deletions; words underlined are additions. statewide grant review committee. 378

Section

Section 394.674, Florida Statutes, is amended to 379 read: 380 394.674 Eligibility for publicly funded substance abuse and 381 mental health services; fee collection requirements.— 382

(1) To be eligible to receive substance abuse and mental 383 health services funded by the department, an individual must be 384 indigent, uninsured, or underinsured and meet at least one of 385 the following additional criteria a member of at least one of 386 the department’s priority populations approved by the 387 Legislature. The priority populations include: 388 (

a) For adult mental health services, an individual must 389 be: 390 1. An adult who has a serious mental illness, as defined by 391 the department using criteria that, at a minimum, include 392 diagnosis, prognosis, functional impairment, and receipt of 393 disability income for a psychiatric condition. 394 2. An adult at risk of serious mental illness who: 395 a. Has a mental illness that is not considered a serious 396 mental illness, as defined by the department using criteria 397 that, at a minimum, include diagnosis and functional impairment; 398 b. Has a condition with a Z-code diagnosis code; or 399 c.

Experiences a severe stressful event and has problems 400 coping or has symptoms that place the individual at risk of more 401 restrictive interventions. 402 3. A child or adolescent at risk of emotional disturbance 403 as defined in s. 394.492. 404 4. A child or adolescent who has an emotional disturbance 405 as defined in s. 394.492. 406

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 15 of 25 CODING: Words stricken are deletions; words underlined are additions. 5. A child or adolescent who has a serious emotional 407 disturbance or mental illness as defined in s. 394.492. 408 6. An individual who has a primary diagnosis of mental 409 illness and a co-occurring substance use disorder. 410 7.

An individual who is experiencing an acute mental or 411 emotional crisis as defined in s. 394.67. 412 Adults who have severe and persistent mental illness, as 413 designated by the department using criteria that include 414 severity of diagnosis, duration of the mental illness, ability 415 to independently perform activities of daily living, and receipt 416 of disability income for a psychiatric condition. Included 417 within this group are: 418 a. Older adults in crisis. 419 b. Older adults who are at risk of being placed in a more 420 restrictive environment because of their mental illness. 421 c.

Persons deemed incompetent to proceed or not guilty by 422 reason of insanity under

chapter 916. 423 d. Other persons involved in the criminal justice system. 424 e. Persons diagnosed as having co-occurring mental illness 425 and substance abuse disorders. 426 2. Persons who are experiencing an acute mental or 427 emotional crisis as defined in s. 394.67(17). 428 (

b) For substance abuse services, an individual must 429 children’s mental health services: 430 1. Have a diagnosed substance use disorder. 431 2. Have a diagnosed substance use disorder as the primary 432 diagnosis and a co-occurring mental illness, emotional 433 disturbance, or serious emotional disturbance. 434 3. Be at risk for alcohol misuse, drug use, or developing a 435

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 16 of 25 CODING: Words stricken are deletions; words underlined are additions. substance use disorder. 436

(2) Providers receiving funds from the department for 437 behavioral health services must give priority to: 438 (

a) Pregnant women and women with dependent children. 439 (

b) Intravenous drug users. 440 (

c) Individuals who have a substance use disorder and have 441 been ordered by the court to receive treatment. 442 (

d) Parents, legal guardians, or caregivers with child 443 welfare involvement and parents, legal guardians, or caregivers 444 who put children at risk due to substance abuse. 445 (

e) Children and adolescents under state supervision. 446 (

f) Individuals involved in the criminal justice system, 447 including those deemed incompetent to proceed or not guilty by 448 reason of insanity under

chapter 916. 449 1. Children who are at risk of emotional disturbance as 450 defined in s. 394.492(4). 451 2. Children who have an emotional disturbance as defined in 452 s. 394.492(5). 453 3. Children who have a serious emotional disturbance as 454 defined in s. 394.492(6). 455 4. Children diagnosed as having a co-occurring substance 456 abuse and emotional disturbance or serious emotional 457 disturbance. 458 (

c) For substance abuse treatment services: 459 1. Adults who have substance abuse disorders and a history 460 of intravenous drug use. 461 2. Persons diagnosed as having co-occurring substance abuse 462 and mental health disorders. 463 3. Parents who put children at risk due to a substance 464

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 17 of 25 CODING: Words stricken are deletions; words underlined are additions. abuse disorder. 465 4. Persons who have a substance abuse disorder and have 466 been ordered by the court to receive treatment. 467 5. Children at risk for initiating drug use. 468 6. Children under state supervision. 469 7. Children who have a substance abuse disorder but who are 470 not under the supervision of a court or in the custody of a 471 state agency. 472 8.

Persons identified as being part of a priority 473 population as a condition for receiving services funded through 474 the Center for Mental Health Services and Substance Abuse 475 Prevention and Treatment Block Grants. 476 (3)

(2) Crisis services, as defined in s. 394.67, must, 477 within the limitations of available state and local matching 478 resources, be available to each individual person who is 479 eligible for services under subsection (1), regardless of the 480 individual’s person’s ability to pay for such services.

An 481 individual A person who is experiencing a mental health crisis 482 and who does not meet the criteria for involuntary examination 483 under s. 394.463(1), or an individual a person who is 484 experiencing a substance abuse crisis and who does not meet the 485 involuntary admission criteria in s. 397.675, must contribute to 486 the cost of his or her care and treatment pursuant to the 487 sliding fee scale developed under subsection (5)(4), unless 488 charging a fee is contraindicated because of the crisis 489 situation. 490 (4)

(3) Mental health services, substance abuse services, 491 and crisis services, as defined in s. 394.67, must, within the 492 limitations of available state and local matching resources, be 493

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 18 of 25 CODING: Words stricken are deletions; words underlined are additions. available to each individual person who is eligible for services 494 under subsection (1). Such individual person must contribute to 495 the cost of his or her care and treatment pursuant to the 496 sliding fee scale developed under subsection (5)(4). 497 (5)

(4) The department shall adopt rules to implement client 498 eligibility, client enrollment, and fee collection requirements 499 for publicly funded substance abuse and mental health services. 500 (

a) The rules must require each provider under contract 501 with the department or managing entity that which enrolls 502 eligible individuals persons into treatment to develop a sliding 503 fee scale for individuals persons who have a net family income 504 at or above 150 percent of the Federal Poverty Income 505 Guidelines, unless otherwise required by state or federal law. 506 The sliding fee scale must use the uniform

schedule of discounts 507 by which a provider under contract with the department or 508 managing entity discounts its established client charges for 509 services supported with state, federal, or local funds, using, 510 at a minimum, factors such as family income, financial assets, 511 and family size as declared by the individual person or the 512 individual’s person’s guardian. The rules must include uniform 513 criteria to be used by all service providers in developing the 514

schedule of discounts for the sliding fee scale. 515 (

b) The rules must address the most expensive types of 516 treatment, such as residential and inpatient treatment, in order 517 to make it possible for an individual a client to responsibly 518 contribute to his or her mental health or substance abuse care 519 without jeopardizing the family’s financial stability. An 520 individual A person who is not eligible for Medicaid and whose 521 net family income is less than 150 percent of the Federal 522

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 19 of 25 CODING: Words stricken are deletions; words underlined are additions. Poverty Income Guidelines must pay a portion of his or her 523 treatment costs which is comparable to the copayment amount 524 required by the Medicaid program for Medicaid clients under 525 pursuant to s. 409.9081. 526 (

c) The rules must require that individuals persons who 527 receive financial assistance from the Federal Government because 528 of a disability and are in long-term residential treatment 529 settings contribute to their board and care costs and treatment 530 costs and must be consistent with the provisions in s. 409.212. 531 (6)

(5) An individual A person who meets the eligibility 532 criteria in subsection (1) shall be served in accordance with 533 the appropriate district substance abuse and mental health 534 services plan specified in s. 394.75 and within available 535 resources. 536

Section 7. Subsections (2), (3), (4), and (5) of

section 537 394.908, Florida Statutes, are amended to read: 538 394.908 Substance abuse and mental health funding equity; 539 distribution of appropriations.—In recognition of the historical 540 inequity in the funding of substance abuse and mental health 541 services for the department’s districts and regions and to 542 rectify this inequity and provide for equitable funding in the 543 future throughout the state, the following funding process shall 544 be used: 545 (2) “Individuals in need” means those persons who meet the 546 eligibility requirements under s. 394.674 fit the profile of the 547 respective priority populations and require mental health or 548 substance abuse services. 549

(3) Any additional funding beyond the 2005-2006 fiscal year 550 base appropriation for substance abuse alcohol, drug abuse, and 551

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 20 of 25 CODING: Words stricken are deletions; words underlined are additions. mental health services shall be allocated to districts for 552 substance abuse and mental health services based on: 553 (

a) Epidemiological estimates of disabilities that apply to 554 eligible individuals the respective priority populations. 555 (

b) A pro rata share distribution that ensures districts 556 below the statewide average funding level per individual in need 557 each priority population of “individuals in need” receive 558 funding necessary to achieve equity. 559

(4) Priority populations for Individuals in need shall be 560 displayed for each district and distributed concurrently with 561 the approved operating budget. The display by priority 562 population shall show: The annual number of individuals served 563 based on prior year actual numbers, the annual cost per 564 individual served, and the estimated number of the total 565 priority population for individuals in need. 566

(5) The annual cost per individual served is shall be 567 defined as the total actual funding for either mental health or 568 substance abuse services each priority population divided by the 569 number of individuals receiving either mental health or 570 substance abuse services served in the priority population for 571 that year. 572

Section 8. Subsection (16) of

section 397.321, Florida 573 Statutes, is amended to read: 574 397.321 Duties of the department.—The department shall: 575

(16) Develop a certification process by rule for community 576 substance abuse prevention coalitions. 577

Section

Section 397.99, Florida Statutes, is amended to 578 read: 579 397.99 School substance abuse prevention partnership 580

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 21 of 25 CODING: Words stricken are deletions; words underlined are additions. grants.— 581

(1) GRANT PROGRAM.— 582 (

a) In order to encourage the development of effective 583 substance abuse prevention and early intervention strategies for 584 school-age populations, the school substance abuse prevention 585 partnership grant program is established. 586 (

b) The department shall administer the program in 587 cooperation with the Department of Education, and the Department 588 of Juvenile Justice, and the managing entities under contract 589 with the department under s. 394.9082. 590

(2) APPLICATION PROCEDURES; FUNDING REQUIREMENTS.— 591 (

a) Schools, or community-based organizations in 592 partnership with schools, may submit a grant proposal for 593 funding or continued funding to the managing entity in its 594 geographic area department by March 1 of each year. 595 Notwithstanding s. 394.9082(5)(i), the managing entity shall use 596 a competitive solicitation process to review The department 597 shall establish grant applications, application procedures which 598 ensures ensure that grant recipients implement programs and 599 practices that are effective. The managing entity department 600 shall include the grant application document on its an Internet 601 website. 602 (

b) Grants may fund programs to conduct prevention 603 activities serving students who are not involved in substance 604 use, intervention activities serving students who are 605 experimenting with substance use, or both prevention and 606 intervention activities, if a comprehensive approach is 607 indicated as a result of a needs assessment. 608 (

c) Grants may target youth, parents, and teachers and 609

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 22 of 25 CODING: Words stricken are deletions; words underlined are additions. other school staff, coaches, social workers, case managers, and 610 other prevention stakeholders. 611 (

d) Performance measures for grant program activities shall 612 measure improvements in student attitudes or behaviors as 613 determined by the managing entity department. 614 (

e) At least 50 percent of the grant funds available for 615 local projects must be allocated to support the replication of 616 prevention programs and practices that are based on research and 617 have been evaluated and proven effective. The managing entity 618 department shall develop related qualifying criteria. 619 (

f) In order to be considered for funding, the grant 620 application shall include the following assurances and 621 information: 622 1. A letter from the administrators of the programs 623 collaborating on the project, such as the school principal, 624 community-based organization executive director, or recreation 625 department director, confirming that the grant application has 626 been reviewed and that each partner is committed to supporting 627 implementation of the activities described in the grant 628 proposal. 629 2.

A rationale and description of the program and the 630 services to be provided, including: 631 a. An analysis of prevention issues related to the 632 substance abuse prevention profile of the target population. 633 b. A description of other primary substance use and related 634 risk factors. 635 c. Goals and objectives based on the findings of the needs 636 assessment. 637 d. The selection of programs or strategies that have been 638

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 23 of 25 CODING: Words stricken are deletions; words underlined are additions. shown to be effective in addressing the findings of the needs 639 assessment. 640 e. A method of identifying the target group for universal 641 prevention strategies, and a method for identifying the 642 individual student participants in selected and indicated 643 prevention strategies. 644 f. A description of how students will be targeted. 645 g. Provisions for the participation of parents and 646 guardians in the program. 647 h.

An evaluation component to measure the effectiveness of 648 the program in accordance with performance-based program 649 budgeting effectiveness measures. 650 i. A program budget, which includes the amount and sources 651 of local cash and in-kind resources committed to the budget and 652 which establishes, to the satisfaction of the managing entity 653 department, that the grant applicant entity will make a cash or 654 in-kind contribution to the program of a value that is at least 655 25 percent of the amount of the grant. 656 (

g) The managing entity department shall consider the 657 following in awarding such grants: 658 1. The number of youths that will be targeted. 659 2. The validity of the program design to achieve project 660 goals and objectives that are clearly related to performance-661 based program budgeting effectiveness measures. 662 3. The desirability of funding at least one approved 663 project in each of the department’s substate entities. 664

(3) The managing entity must department shall coordinate 665 the review of grant applications with local representatives of 666 the Department of Education and the Department of Juvenile 667

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 24 of 25 CODING: Words stricken are deletions; words underlined are additions. Justice and shall make award determinations no later than June 668 30 of each year. All applicants shall be notified by the 669 managing entity department of its final action. 670

(4) Each entity that is awarded a grant as provided for in 671 this

section shall submit performance and output information as 672 determined by the managing entity department. 673

Section 10. Paragraph (

d) is added to subsection (1) of 674

section 916.111, Florida Statutes, to read: 675 916.111 Training of mental health experts.—The evaluation 676 of defendants for competency to proceed or for sanity at the 677 time of the commission of the offense shall be conducted in such 678 a way as to ensure uniform application of the criteria 679 enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal 680 Procedure. The department shall develop, and may contract with 681 accredited institutions: 682

(1) To provide: 683 (

a) A plan for training mental health professionals to 684 perform forensic evaluations and to standardize the criteria and 685 procedures to be used in these evaluations; 686 (

b) Clinical protocols and procedures based upon the 687 criteria of Rules 3.210 and 3.216, Florida Rules of Criminal 688 Procedure; and 689 (

c) Training for mental health professionals in the 690 application of these protocols and procedures in performing 691 forensic evaluations and providing reports to the courts; and 692 (

d) Refresher training for mental health professionals who 693 have completed the training required by paragraph (

c) and s. 694 916.115(1). At a minimum, the refresher training must provide 695 current information on: 696

Florida Senate - 2020 SB 1678 3-01042B-20 20201678__ Page 25 of 25 CODING: Words stricken are deletions; words underlined are additions. 1. Forensic statutory requirements. 697 2. Recent changes to

part II of this chapter. 698 3. Trends and concerns related to forensic commitments in 699 the state. 700 4. Alternatives to maximum security treatment facilities. 701 5. Community forensic treatment providers. 702 6. Evaluation requirements. 703 7. Forensic service array updates. 704

Section 11. Subsection (1) of

section 916.115, Florida 705 Statutes, is amended to read: 706 916.115 Appointment of experts.— 707

(1) The court shall appoint no more than three experts to 708 determine the mental condition of a defendant in a criminal 709 case, including competency to proceed, insanity, involuntary 710 placement, and treatment. The experts may evaluate the defendant 711 in jail or in another appropriate local facility or in a 712 facility of the Department of Corrections. 713 (

a) To the extent possible, The appointed experts must 714 shall have completed forensic evaluator training approved by the 715 department under s. 916.111(1)(c), and, to the extent possible, 716 each shall be a psychiatrist, licensed psychologist, or 717 physician. Appointed experts who have completed the training 718 under s. 916.111(1)(

c) must complete refresher training under s. 719 916.111(1)(

d) every 3 years. 720 (

b) The department shall maintain and annually provide the 721 courts with a list of available mental health professionals who 722 have completed the approved training under ss. 916.111(1)(

c) and 723 (

d) as experts. 724

Section 12. This act shall take effect July 1, 2020. 725