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March 30, 2015
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The Legislature Approaches Halfway Mark
The 2015 Legislative session is
approaching the halfway mark, leaving
more questions than answers. The
proposed budgets for the house and
senate were voted on in their respective
full Appropriations Committees last week
and will be voted on the chamber floors
this Thursday. There were no
amendments to the House budget and
only a few technical changes to the
Senate budget. The senate plan totals
$80.4 billion and the house plan totals $76.2 billion. The bulk of
the difference lies in the health care budget. The Senate includes
funding for low income pool to pay for uncompensated care in
hospitals, though it is unclear whether the federal government
will grant a new waiver. It also includes funding for Medicaid
expansion, though the House has given indication that they will
accept the Senate proposal. Any budget negotiations will not
occur until these issues have been resolved.
Last week was also the last week for House policy
subcommittees. Bills that have not cleared their first committee
are dead this session, unless leadership takes up the issue.
There are several other bills moving through the process that
have a better than average chance of passing.
The senate corrections package that includes provisions on
treating inmates with mental health issues is poised for final
passage. The house companion (HB7131) was heard in the first
committee. It is nearly identical to the senate proposal, except it
removes oversight committees.
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Also moving in both chambers is a bill (HB378/HB99) to expand
the use of juvenile civil citations by requiring a law enforcement
officer to issue a civil citation or require participation in a similar
diversion program in lieu of arrest (including second or
subsequent misdemeanors), unless the officer finds that an
arrest is warranted for public safety.
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This will be a short week in the legislature, with regular business
concluding on Thursday, April 2, so that members may be with
their families over the religious holiday.
Mental Health and Substance Abuse Overhaul
The House and Senate have moved legislation that proposes major
overhauls of service delivery and funding mechanism to DCF-funded
substance abuse and mental health treatment.
Last week, the Senate Appropriations Committee introduced SB
7068 and the House Children, Families, and Seniors
Subcommittee introduced HB7119, which would change the way
mental-health and substance-abuse services are administered,
coordinate them with primary health care and seek to increase
Medicaid funding for them. There are many similarities with both
bills, including defining the essential elements of care
coordination as a service system for persons needing
emergency assistance with behavioral health care through the
Baker Act or the Marchman Act; crisis services including mobile
response teams and crisis stabilization units; case management;
outpatient services; residential services; hospital inpatient care;
after-care and post-discharge services; recovery support
(housing assistance, employment support, education assistance,
independent living skill services, family support and education,
and wellness services); and medical services necessary for the
integration of behavioral health care with primary care. Priority
populations were defined and include high utilizers such as
involvement in the criminal justice system.
The House bill also includes a few additional components such
as requiring a study of the safety-net behavioral health system
and includes the use of the Supreme Court Task Force on
recommendations to change the Baker and Marchman Acts; and
expanding the grant review committee for the Criminal Justice,
Mental Health, and Substance Abuse Grant Program and
streamlines the local process for applying for grants and allows
DCF to require sequential intercept mapping of systems to
identify where interventions may be effective. New members
included in the grant review committee are:
 Department of Veterans' Affairs;
 Florida Sheriffs Association;
 Florida Police Chiefs Association;
 Florida Association of Counties;
 Florida Alcohol and Drug Abuse Association;
 Florida Council for Community Mental Health, and
 One administrator of a state-licensed limited mental
health assisted living facility.
Both bills will be heard this week in committee and will then head
to the floor.
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Senate Proposes to Merge Baker and Marchman Acts
The legislature is taking a very in-depth review of the Baker and
Marchman Act process as a way to create efficiencies.
The Senate has proposed legislation, SB 7070, that will combine
the voluntary and involuntary commitment process outlined in
both the Baker Act and Marchman Act. The House is taking a
more measured approach calling for a study on how to proceed.
The goal is to streamline and combine the existing legislation
into one process that addresses individuals with mental health,
substance use disorder, or co-occurring conditions. Efforts are
being made to combine the petition process, the timeframes for
action, redefine time in crisis services, and parameters for
involuntary commitment. In addition involuntary outpatient
treatment is being proposed as an innovative solution to address
chronic conditions.
Also being advanced is a refinement of the process for the
appointment of a guardian and the process for advanced
directives for treatment. Both chambers are promoting allowing a
family member or interested party to petition for the appointment
of a guardian when an individual is deemed by the court to be
incompetent to consent to treatment. Both chambers are also
addressing notification of patients regarding the advanced
directive process and potential expansion to patients with chronic
substance use disorders.
The Senate Appropriations Committee passed the Proposed
Committee Bill 7070 this week with an amendment that adds
"The Jennifer Act", establishing a pilot program on coordination
and including advance directives for mental health and
substance abuse. The bill will be given one committee referral,
the Judiciary Committee. The House is taking a slower approach
and is calling for a report from the Supreme Court Task Force on
Mental Health and Substance Use Disorders to offer
recommendations on how to proceed. This recommendation is
part of the larger mental health and substance abuse package
(HB7119) passed in House Children, Families and Seniors
Subcommittee earlier this week.
Other Bills of Interest
Sen. Nancy Detert (R-Venice) presented SB488, which would
reduce the number of years that the Criminal Justice Information
Program is required to retain certain minor offender criminal
records and establish nonjudicial processes for both criminal
history records and the sealing of specified records. The Senate
Criminal Justice Committee found the bill unanimously favorable.
The "bath salts" bill passed committees in both chambers. The
bill adds five substances to the Schedule I list of controlled
substances. Sponsored by Rep. Clay Ingram (R-Pensacola)
HB897 was found unanimously favorable by the House Justice
Appropriations Subcommittee. SB1098, by Sen. Rob Bradley (RPort Orange) unanimously passed the Senate Criminal Justice
Committee.
The House Justice Appropriations Subcommittee passed Rep.
Keith Perry's (R-Gainesville) HB1069 that would allow for a
person eligible to participate in a problem solving court to
transfer to another jurisdiction if all parties involved consented.
The bill unanimously passed through the House Justice
Appropriations Subcommittee.
A bill (HB5203) sponsored by Rep. Danny Burgess (RZephyrhills) authorizing courts to sentence certain offenders to
their respective county jails for a maximum of 24 months
provided that the county has a contract with the Department of
Corrections passed through the House Appropriations
Committee.
SB7044, sponsored by Senate Health Policy would create the
Florida Health Insurance Affordability Exchange Program (FHIX)
that would allow low-income patients obtain and financially take
part in their own health care plans. Describing the bill as "a good
faith offer" to both the House and Federal government, Sen. Don
Gaetz (R-Destin) help support the bill through its unanimous
pass through Senate Appropriations.
Rep. Kristin Jacobs (D-Coconut Creek) presented HB287 in the
House Criminal Justice Subcommittee. The bill initially included
Kratom in schedule of controlled substances. During the
committee, however, amendments were adopted that would
direct the Office of the Attorney General to coordinate with state
agencies and addictions professional to collect data on the
prevalence of Kratom, and potential harmful impacts. The
amended bill unanimously passed, but it still has 2 committee
stops in each chamber remaining.
The House Children, Families, and Seniors Subcommittee
passed HB1193 by Rep. Blaise Ingoglia (R-Spring Hill) creating
the Florida Veteran's Care Coordination Program (the Program)
within the Florida Alliance of Information and Referral Services to
provide a dedicated behavioral healthcare referral services
through Florida's 211 Network. An expansion of a pilot program
in the Tampa region, the bill requires DCF to designate "care
coordination teams" to implement the Program statewide to
provide peer support, suicide assessment, and treatment and
resource coordination. Both bills will be heard this week in
committee.
Annual Conference and Justice Institute
Mark your calendars! Florida Partners in Crisis' 2015 Annual
Conference and Justice Institute will be held May 20-22 in
Orlando. We are pleased and excited to once again partner with the
Florida Association of Drug Court Professionals, the Florida CIT
Coalition and many other partner organizations on this year's education
sessions and plenaries.
Showcase your talent! There are a few sponsorship opportunities
remaining! Please contact Rebecca Roberts for more information
rroberts@fadaa.org.
Look for a Call for Presentations will be issued shortly. Please join us in
May!
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