Florida 2023 Regular Session

Florida House Bill H0655 Latest Draft

Bill / Comm Sub Version Filed 03/27/2023

                               
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to suicide prevention; amending s. 2 
111.09, F.S.; providing and revising definitions; 3 
amending s. 394.9086, F.S.; renaming the Commission on 4 
Mental Health and Substance Abuse; revising the 5 
purposes of the commission to include an assessment of 6 
the state's suicide prevention infrastructure; 7 
revising the membership and duties of the commission; 8 
requiring the commission to submit annual interim 9 
reports for a specified timeframe; revising the date 10 
by which the commission must submit its final report; 11 
extending the repeal date of the commission; providing 12 
an effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Florida: 15 
 16 
 Section 1. Subsection (1) of section 111.09, Florida 17 
Statutes, is amended to read: 18 
 111.09  Peer support for first responders. — 19 
 (1)  For purposes of this section, the term: 20 
 (a)  "Affiliated first responder organization" includes, 21 
but is not limited to, any of the following organizations: 22 
 1.  Regularly organized volunteer firefighting companies or 23 
associations. 24 
 2.  Regularly organized volunteer ambulance services. 25     
 
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 3.  Combination fire departments, as defined in s. 26 
633.135(1). 27 
 (b)(a) "First responder" has the s ame meaning as provided 28 
in s. 112.1815 and includes 911 public safety telecommunicators 29 
as defined in s. 401.465. 30 
 (c)(b) "First responder peer" means a person who: 31 
 1.  Is not a health care practitioner as defined in s. 32 
456.001. 33 
 2.  Has experience worki ng as or with a first responder , 34 
including active, volunteer, and retired first responders, 35 
regarding any physical or emotional conditions or issues 36 
associated with the first responder's employment. 37 
 3.  Has been designated by the first responder's employi ng 38 
agency or affiliated first responder organization to provide 39 
peer support as provided in this section and has received 40 
training for this purpose. 41 
 (d)(c) "Peer support" means the provision of physical, 42 
moral, or emotional support to a first responder b y a first 43 
responder peer for the purpose of addressing physical or 44 
emotional conditions or other issues associated with being a 45 
first responder. 46 
 (e)(d) "Peer support communication" means electronic, 47 
oral, or written communication, made with a mutual expectation 48 
of confidentiality while a first responder peer is providing 49 
peer support in his or her official capacity. 50     
 
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 Section 2.  Subsections (1) and (2 ), paragraph (a) of 51 
subsection (3), paragraph (a) of subsection (4), and subsections 52 
(5) and (6) of section 394.9086, Florida Statutes, are amended 53 
to read: 54 
 394.9086  Commission on Mental Health and Substance Use 55 
Disorder Abuse.— 56 
 (1)  CREATION.—The Commission on Mental Health and 57 
Substance Use Disorder Abuse, a commission as defined in s. 58 
20.03(10), is created adjunct to the department. The department 59 
shall provide administrative and staff support services relating 60 
to the functions of the commission. 61 
 (2) PURPOSES.—The purposes of the commission are to 62 
examine the current methods of providing mental health and 63 
substance use disorder abuse services in the state and to 64 
improve the effectiveness of current practices, procedures, 65 
programs, and initiatives in providing such services; identify 66 
any barriers or deficiencies in the delivery of such services; 67 
assess the adequacy of the current infrastructure of Florida's 68 
National Suicide Prevention Lifeline (NSPL) system and other 69 
components of the state's crisis re sponse services; and 70 
recommend changes to existing laws, rules, and policies 71 
necessary to implement the commission's recommendations. 72 
 (3)  MEMBERSHIP; TERM LIMITS; MEETINGS. — 73 
 (a)  The commission shall be composed of 20 19 members as 74 
follows: 75     
 
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 1.  A member of the Senate, appointed by the President of 76 
the Senate. 77 
 2.  A member of the House of Representatives, appointed by 78 
the Speaker of the House of Representatives. 79 
 3.  The Secretary of Children and Families or his or her 80 
designee. 81 
 4.  The Secretary of th e Agency for Health Care 82 
Administration or his or her designee. 83 
 5.  A person living with a mental health disorder, 84 
appointed by the President of the Senate. 85 
 6.  A family member of a consumer of publicly funded mental 86 
health services, appointed by the Pre sident of the Senate. 87 
 7.  A representative of the Louis de la Parte Florida 88 
Mental Health Institute within the University of South Florida, 89 
appointed by the President of the Senate. 90 
 8.  A representative of a county school district, appointed 91 
by the President of the Senate. 92 
 9.  A representative of mental health courts, appointed by 93 
the Governor. 94 
 10.  A representative of a treatment facility, as defined 95 
in s. 394.455, appointed by the Speaker of the House of 96 
Representatives. 97 
 11.  A representative of a ma naging entity, as defined in 98 
s. 394.9082(2), appointed by the Speaker of the House of 99 
Representatives. 100     
 
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 12.  A representative of a community substance use disorder 101 
abuse provider, appointed by the Speaker of the House of 102 
Representatives. 103 
 13.  A psychiatrist licensed under chapter 458 or chapter 104 
459 practicing within the mental health delivery system, 105 
appointed by the Speaker of the House of Representatives. 106 
 14.  A psychologist licensed under chapter 490 practicing 107 
within the mental health delivery system, appointed by the 108 
Governor. 109 
 15.  A mental health professional licensed under chapter 110 
491, appointed by the Governor. 111 
 16.  An emergency room physician, appointed by the 112 
Governor. 113 
 17.  A representative from the field of law enforcement, 114 
appointed by the Governor. 115 
 18.  A representative from the criminal justice system, 116 
appointed by the Governor. 117 
 19.  A representative of a child welfare agency involved in 118 
the delivery of behavioral health services, appointed by the 119 
Governor. 120 
 20.  A representative of the F lorida Alliance of 121 
Information and Referral Services, appointed by the Governor. 122 
 (4)  DUTIES.— 123 
 (a)  The duties of the Commission on Mental Health and 124 
Substance Use Disorder Abuse include the following: 125     
 
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 1.  Conducting a review and evaluation of the management 126 
and functioning of the existing publicly supported mental health 127 
and substance use disorder abuse systems and services in the 128 
department, the Agency for Health Care Administration, and all 129 
other departments which administer mental health and substance 130 
use disorder abuse services. Such review shall include, at a 131 
minimum, a review of current goals and objectives, current 132 
planning, services strategies, coordination management, 133 
purchasing, contracting, fi nancing, local government funding 134 
responsibility, and accountability mechanisms. 135 
 2.  Considering the unique needs of persons who are dually 136 
diagnosed. 137 
 3.  Addressing access to, financing of, and scope of 138 
responsibility in the delivery of emergency behavi oral health 139 
care services. 140 
 4.  Addressing the quality and effectiveness of current 141 
mental health and substance use disorder abuse services delivery 142 
systems, and professional staffing and clinical structure of 143 
services, roles, and responsibilities of publi c and private 144 
providers, such as community mental health centers; community 145 
substance use disorder abuse agencies; hospitals, including 146 
emergency services departments; law enforcement agencies; and 147 
the judicial system. 148 
 5.  Addressing priority population g roups for publicly 149 
funded mental health and substance use disorder abuse services, 150     
 
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identifying the comprehensive mental health and substance use 151 
disorder abuse services delivery systems, mental health and 152 
substance use disorder abuse needs assessment and planning 153 
activities, and local government funding responsibilities for 154 
mental health and substance use disorder abuse services. 155 
 6.  Reviewing the implementation of chapter 2020 -107, Laws 156 
of Florida. 157 
 7.  Identifying any gaps in the p rovision of mental health 158 
and substance use disorder services. 159 
 8.  Providing recommendations on how behavioral health 160 
managing entities may fulfill their purpose of promoting service 161 
continuity and work with community stakeholders throughout this 162 
state in furtherance of supporting the NSPL system and other 163 
crisis response services . 164 
 9.  Conducting an overview of the current infrastructure of 165 
the NSPL system. 166 
 10.  Analyzing the current capacity of crisis response 167 
services available throughout this state, i ncluding services 168 
provided by mobile response teams and centralized receiving 169 
facilities. The analysis must include information on the 170 
geographic area and the total population served by each mobile 171 
response team along with the average response time to each call 172 
made to a mobile response team; the number of calls that a 173 
mobile response team was unable to respond to due to staff 174 
limitations, travel distance, or other factors; and the veteran 175     
 
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status and age groups of individuals served by mobile response 176 
teams. 177 
 11.  Evaluating and making recommendations to improve 178 
linkages between the NSPL infrastructure and crisis response 179 
services within this state. 180 
 12.  Identifying available mental health block grant funds 181 
that can be used to support the NSPL, Florida 211 Network, and 182 
crisis response infrastructure within this state, including any 183 
available funding through opioid settlements or through the 184 
American Rescue Plan Act of 2021, Pub. L. No. 117 -2; the 185 
Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pu b. 186 
L. No. 116-136; or other federal legislation. 187 
 13.  In consultation with the Agency for Health Care 188 
Administration, identifying sources of funding available through 189 
the Medicaid program specifically for crisis response services, 190 
including funding that m ay be available by seeking approval of a 191 
Section 1115 waiver submitted to the Centers for Medicare and 192 
Medicaid Services. 193 
 14.9. Making recommendations regarding the mission and 194 
objectives of state-supported mental health and substance use 195 
disorder abuse services and the planning, management, staffing, 196 
financing, contracting, coordination, and accountability 197 
mechanisms which will best foster the recommended mission and 198 
objectives. 199 
 15.10. Evaluating and making recommendations regarding the 200     
 
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establishment of a permanent, agency -level entity to manage 201 
mental health, substance use disorder abuse, and related 202 
services statewide. At a minimum, the evaluation must consider 203 
and describe the: 204 
 a.  Specific duties and organizational structure proposed 205 
for the entity; 206 
 b.  Resource needs of the entity and possible sources of 207 
funding; 208 
 c.  Estimated impact on access to and quality of services; 209 
 d.  Impact on individuals with behavioral health needs and 210 
their families, both those currently served through the affected 211 
systems providing behavioral health services and those in need 212 
of services; and 213 
 e.  Relation to, integration with, and impact on providers, 214 
managing entities, communities, state agencies, and systems 215 
which provide mental health and substance use disorder abuse 216 
services in this state. Such recommendations must ensure that 217 
the ability of such other agencies and systems to carry out 218 
their missions and responsibilities is not impaired. 219 
 16.  Evaluating and making recommendations regarding 220 
skills-based training that teaches participants about mental 221 
health and substance use issues, including, but not limited to, 222 
Mental Health First Aid models. 223 
 (5)  REPORTS.—Beginning By January 1, 2023, and annually 224 
thereafter through January 1, 2025, the commission shall submit 225     
 
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an interim report to the President of the Senate, the Speaker of 226 
the House of Representatives, and the Governor containing its 227 
findings and recommendations on how to best provide and 228 
facilitate mental health and substance use disorder abuse 229 
services in the state. The commission shall submit its final 230 
report to the President of the Senate, the Speaker of the House 231 
of Representatives, and the Governor by September 1, 2026 2023. 232 
 (6)  REPEAL.—This section is repealed September 1, 2026 233 
2023, unless saved from r epeal through reenactment by the 234 
Legislature. 235 
 Section 3.  This act shall take effect July 1, 2023. 236