2017 Mid-Session Report
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TABLE OF CONTENTS
Introduction
PAGE(S)
3
Priority Issue: Revenue Maximization
3-4
Ethical Marketing Legislation
4-7
Florida’s Opioid Crisis
8-10
The Budget: Overview
10-11
The Budget: SB 2500, HB 5001
12-19
Proposed Legislation: Health Care
20-27
Proposed Legislation: Justice
28-29
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INTRODUCTION
The 2017 Legislative Session enters the second half ready to debate, vote, and pass the budgets in their
respective chambers. This time last year, budgets had been passed and there was a heavy focus on passing
the comprehensive legislative packages that failed to pass in 2015.
The status of the budgets is just one indication of the stark differences between the House and Senate
agendas for the 2017 session. The Senate budget, at $83.16 billion, is significantly higher than the proposed
House budget of $81.23 billion. The difference of $2 billion is magnified by the fact that the House total
includes almost $2 billion in university tuition, not included in the Senate budget, thus a $4 billion
difference. The Senate budget includes $600,000 million in anticipated federal funding for hospitals that
has yet to be approved by CMS; this is not in the House budget. Another stark difference in the budgets is
the emphasis on member projects; the House includes $100 million in projects while the Senate budget has
nearly $700 million. The House budget also eliminates $180 million in projects that are in the base
including funding for Long-acting injectable naltrexone. Needless to say, these significant differences need
to be resolved before a final budget can be negotiated.
There are also stark policy differences between Senate and House priorities. The House wants to eliminate
the certificate of need process for hospitals, the Senate has not moved. While both chambers want to shift
the burden of proof from defendants to prosecutors in “Stand Your Ground” cases, the Senate wants
“Beyond a Reasonable Doubt” while the House wants “Clear and Convincing Evidence.” Gambling always
seems to be an epicenter of debate, with the Senate wanting to expand pari-mutuels in the state compared
to a house preference of renegotiating the agreement with the Seminole Tribe of Florida.
With roughly 20 bills actively engaged and another 70 bills closely monitored, the Florida Behavioral
Health Association has focused on priority issues such as ethical marketing practices by substance abuse
treatment/recovery industry; revenue maximization; addressing the opioid crisis; private pay health
insurance/Medicaid managed care; criminal justice reform; medical marijuana implementation; housing;
and the budget. Key differences remain on priority legislation, which must be reconciled if the bills are to
pass this year.
Policy-related subcommittees in the House have concluded their work. Bills that still have a policy
subcommittee reference remaining have little chance of passage this year. This week, the legislature is in
town for two days to vote on the budget and continue committee meetings to move legislation that is still in
play.
2017 Priority Issues
Revenue Maximization
The Association has been working with our partners to promote the concept of revenue maximization,
utilizing unmatched general revenue to draw down matching Medicaid funding for Medicaid eligible
individuals being served in the safety net system. The end goal is to increase the availability of selected
behavioral health services, authorize targeted case management for SUD providers, and to secure a rate
enhancement for selected behavioral health services delivered through the managed medical assistance
(MMA) program.
The Association, along with our partners, secured the services of Health Management Associates to guide
this effort and inform members on enhancement efforts available through a state plan amendment, 1115
waiver or other specialized demonstration effort. Information sessions were held with members in late
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falls to inform on these various options. Also regular meetings were held with House and Senate legislative
staff and legislative leaders to promote the concept of revenue maximization.
These efforts were addressed in both the House and Senate budget, proviso, and conforming bills, however
utilizing different approaches. The Senate dedicates $25 million in existing unmatched general revenue for
revenue maximization. Approximately $7.8 million is authorized to be transferred from DCF to AHCA to
serve as matching funds for a rate increase for certain Medicaid behavioral health services. It is anticipated
approximately $19 million in state/federal funds would be available for a rate increase.
An additional $17.2 million is dedicated as state matching funds to eliminate Medicaid service limitations
for certain behavioral health services and to add coverage for targeted case management for adults
diagnosed with SUD. These funds are to be administered by the Substance Abuse and Mental Health Safety
Net Network (a Managing Entity administrative services organization) and services delivered through the
existing network of providers under contract to the ME. The total federal/state funds available to eliminate
caps on certain behavioral health services and to add targeted case management for SUD will be
approximately $45 million. The Senate proposals, one of which needs an amendment, are authorized in SB
2514.
The House instructs AHCA to seek federal approval for a designated state health program which allows the
state to use general revenue expended on behavioral health for non-Medicaid eligible individuals in the
safety net system administered by DCF as state match for federal funds. The goal is to improve the quality
of and access to behavioral health services for individuals served by either the state Medicaid program or
the safety net system. It is anticipated AHCA would need to seek a waiver from CMS to implement such a
program. There are no specific funds dedicated in the House budget for this initiative.
Ethical Marketing Legislation
Over the past decade, there has been an increase in licensed substance abuse programs have
grown in the South Florida corridor, particularly in Intensive Outpatient licenses. This fact
combined with the near extermination of pill mills, an increase in out of state/network patients, to
name a few has created a severe demand for housing while patients are in treatment and post
treatment. A rapid expansion of recovery residences has been established to meet this demand.
While recovery residences are considered a vital component to aide in achieving long-term
recovery, the volume of recovery residences in a concentrated area created stiff competition,
resulting in a surge of “bad actors”, resulting in patient brokering, over utilization of drug testing,
insurance fraud, trafficking, and drug use.
Local governments in South Florida have made several attempts to license and regulate recovery
residences. including many attempts to eradicate recovery residences from their cities through
zoning and other local ordinances. The law is clear, however, that a “sober home” is just a house
and is therefore protected by the Fair Housing Act. Additionally, individuals in recovery from their
substance use disorder have disabling conditions, and are provided protections through the
Americans with Disabilities Act. In each instance, the courts have sided with the industry, most
recently in Jeffrey O. vs. City of Boca Raton (2007).
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Insurance companies have taken notice of these abuses. Cigna has pulled out of the insurance
market in Florida, citing abuses in South Florida among the addiction treatment industry. Humana
has filed lawsuits against labs and their attorneys in South Florida for fraudulent practices.
Perhaps the most negatively impacted is the stigma around addiction. Residents in communities
along the South Florida corridor have made pleas to the government to intervene. When it comes
to substance abuse treatment providers and the recovery industry, there is a strong “Not in My
Backyard” (NIMBY) attitude, which has overshadowed the work of most providers, who provide
excellent treatment, and patient care.
In 2015, the Association worked helped to develop a framework for voluntary certification
process for recovery residences. The Legislature passed this legislation and also added a voluntary
certification process for recovery residence administrators. Additionally, the law prohibited
substance abuse treatment providers from referring any patient to a non-certified recovery
residence, beginning July 1, 2016. Recovery residences wholly-owned by a licensed substance
abuse provider were exempt from this requirement.
In the fall of 2015, members of the FBHA Business of Behavioral Health Division met in South
Florida and worked to develop legislation relating to ethical marketing practices and clarification
of patient brokering statutes. Sponsored by Senator Jeff Clemens (D-Lake Worth) and
Representatives Tom Rooney (R-West Palm Beach) and Bill Hager (R-Boca Raton), legislation was
filed for the 2016 session. With the support of local governments, the Senate bill moved swiftly
through committee. The House, however, was hesitant to address the issue. As an alternative, the
association developed proviso language funding a Task Force to be convened through Palm Beach
State Attorney Dave Aronberg that included local elected officials, treatment providers, DCF,
certifying entities, first responders, the Association, and health care attorneys.
There was such an overwhelming interest from the community that Aronberg created two task
forces. The first followed the guidelines from the proviso language while the second included a
broader group of community providers and leaders. Both groups have met monthly since July
2016. The proviso group made a series of recommendations to the legislature, which included
marketing and patient brokering legislation mimicking language promoted previously by the
Association.
Sponsored by Senator Clemens and Representative Hagar, both bills as filed followed the initial
recommendations of the task force, along with express authority to prosecute patient brokering
and abuses through the state attorney and Office of Statewide Prosecutor. At the first committee in
the Senate, three amendments were filed, two of which were technical recommendations by
committee staff. The third mandated that every clinician be either certified or licensed, a
recommendation adopted by the Task Force in February. The FBHA raised concerns to the
Legislature that mandatory certification was cost-prohibitive to many providers, particularly to
those under contract with the managing entities.
Presentations were subsequently made to Senate and House committees by Aronberg and DCF
Assistant Secretary John Bryant, who made further recommendations for regulatory changes in
licensure requirements. The House adopted an amendment requiring all substance abuse
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treatment providers attain accreditation in each service component they are licensed for, and
place a tiered violation structure for licensure, which they believe will allow DCF greater flexibility
in pull licenses of unethical providers. Rather than mandating certification or licensure of
clinicians, the House bill requires DCF to place into rule qualifications of clinical staff and submit a
report to the Legislature (December 1, 2020) on further recommendations for staff qualifications
and complaints made to the department of substance abuse treatment providers.
The House bill has passed all committees and will likely be heard on the floor the week of April 17.
The Senate has one committee reference remaining. Both bills are vastly different, and are
outlined below.
Key Provisions to Ethical Marketing Legislation: CS/CS/HB 807 & CS/CS/CS/ SB788 - As of April 6, 2017
ISSUE
Marketing Practices, Prohibiting
False, misleading statements of information about business
Include false information, links or coding that provides false information or redirects
to another website
Entering into a contract with marketing provider to generate leads, unless that
marketing provider discloses information about who they represent and where to
find information on licensed providers on DCF website
Holds 3rd party marketing entities to same standards as telemarketers under the
Florida Telemarketing Act, requiring them to register with the Department of
Agriculture and Consumer Services (exempts from bonding requirements)
HOUSE
SENATE
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Patient Brokering
Parts of the patient brokering statute placed in Substance Abuse Chapter 397
References entire patient brokering statutes in Substance Abuse Chapter 397
Adds the term “benefit” to the list of prohibitions (commission, bonus, rebate,
kickback, bribe) a person, health provider or facility may offer or receive in exchange
for referrals
Creates graduated monetary penalties and adds new first and second degree felony
offenses (with corresponding Criminal Punishment Code”:
10 patients or fewer – 3rd degree felony + $50,000 fine
10-19 patients – 2nd degree felony + $100,000 fine
20 patients or more – 1st degree felony +500,000 fine
Prohibits referrals to or from uncertified recovery residences.
Authorizes a fine of $1,000 per occurrence if referrals are made to or from uncertified
recovery residence.
Ensures access to treatment by exempting above in instances where there is no
formal relationship and/or providers under contract with managing entities are
exempt
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Facility Licensure
Only authorizes DCF to issue ONE probationary license (versus current ability to
extend) and ONLY if patient health safety or welfare is NOT at risk
Increases penalties for operating without a license (3rd degree felony + up to 5 years)
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Requires DCF to draft minimum licensure standards for administrative personnel,
best practices, and facility standards
Authorizes DCF inspection on announced or unannounced basis
Expands DCF authority to take action against provider through suspension, deny,
revoking a license
Classifies violations in scope and nature using a tier system (with fines), the same as
hospitals and other licensed awarded by AHCA
Authorizes use of Corrective Action Plans
Authorizes actions against false representation, impacts to client health or safety,
violation of statute/rule, demonstrated pattern of deficiencies, failure to remove
personnel failing background screening
Authorizes DCF to deny renewal of license if application is not submitted within 30days of expiration. May also issue a late fee of renewal isn’t submitted within 60-days
of expiration
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Facility Accreditation
Requires licensed providers of clinical services to apply for accreditation by the end of
their first year and achieve accreditation in each clinical service component by the
end of 2nd renewal
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Staff Qualifications
Mandates all direct care staff be either licensed or certified
Requires DCF in rule to determine level of appropriateness, staff qualifications, and
staffing ratios for each level of care by Jan 1, 2018
Requires DCF to gather data on clinical services, including staffing qualifications,
required trainings and complaints, and report to Legislature by December 1, 2020
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Patient Records
Authorizes disclosure of patient records without consent based upon court order
showing good cause, and with adequate notification – allowing individual to file
written response/appear in person
Creates statutes that adopt the federal standard on patient notice
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Jurisdiction
Expands jurisdiction of the Statewide Prosecutor to extend to the investigation and
prosecution of patient brokering
Adds patient brokering to list of crimes in RICO (racketeering) statute
Adds two additional prosecutors to Office of Statewide Prosecutor ($194,120)
Background Screening
Current law applies to owners, directors and CFO, or any staff with direct contact
with children or developmentally disabled receiving services. This term adds clinical
directors to background screening requirement.
Prohibits DCF from issuing a license if staff do not pass background screening and
subsequently fail to obtain exemptions
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Florida’s OPIOID Crisis
On January 25, 2017, the FBHA assembled a group of stakeholders that included the Attorney General,
substance abuse and mental health community providers, local government, law enforcement, first
responders, hospital health care professionals, individuals in recovery, an epidemiologist, and nearly two
dozen law makers for a press conference to emphasize the opioid crisis facing the state. A representative
from each group spoke briefly, describing the impact heroin and other opioids have had in their
communities and challenges they have had in addressing the epidemic.
Visual aids flanked both sides of a packed media room in the Capitol showing the increase in opioid deaths
over the past five years and hospital emergency department charges (Medicaid, uncompensated care,
private pay, and other government funding). Six communities having the largest impact were also
highlighted: Broward, Duval, Manatee, Orange, Palm Beach, and Sarasota Counties.
The FBHA outlined the actions Florida has taken to date, such as shutting down pill mills, passing
legislation to tighten regulations around pain clinics; creating the Prescription Drug Monitoring Program
(PDMP), Good Samaritan Law, increasing access to naloxone, and increasing weight thresholds for certain
opioid on minimum mandatory sentencing to better reflect an addiction.
Recommendations for further actions were also presented. Some of those include: passing laws to create a
bridge between emergency departments and substance abuse treatment providers; strengthening the
PDMP; creating trafficking offenses for fentanyl and its derivatives; and gathering better statewide data on
overdoses. The FBHA also called for a Task Force to make recommendations and for the Governor to
declare a public health crisis.
Listed below is legislation that addresses many of the recommendations made at the press conference.
Each one of these bills has passed the House committees, but they have moved slower in the Senate. The
goal over the next few weeks is to promote movement of this legislation.
Meanwhile, the state applied for a federal grant totaling $27.1 million each year for two years through
appropriations associated with the 21st Century Cures Act signed into law last December by President
Obama. The state’s proposal is to expand Medication Assisted Treatment and associated counseling
services; implement a pilot program that links emergency departments and substance abuse treatment;
creates a training program for law enforcement, first responders and health care professionals on
evidence-based practices for opioid use disorders and opioid overdoses. The Senate included in their
budget spending authority for these funds.
President Trump recently signed an Executive Order creating an Opioid and Drug Abuse commission.
Chaired by New Jersey Governor Chris Christie, the commission which also names Attorney General Pam
Bondi as a member is expected to make short term recommendations, and submit a long-range plan in
October.
The Florida Behavioral Health Association has worked incredibly hard to implement the “Ten a Day Die
This Way” campaign. There is a national movement to speak up about addiction and address it as a disease.
Many of the association’s recommendations are coming to fruition. There is still a long road to tow;
legislators are clearly paying attention to the issue.
OPIOID LEGISLATION
Emergency Services for Unintentional Drug Overdoses
SB 558
Sen. Kathleen Passidomo (R-Naples)
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HB 61
Rep. Larry Lee, Jr. (D-Fort Pierce)
This bill will require a hospital with an emergency department to develop a best practices policy to
promote the prevention of unintentional drug overdoses by connecting patients who have experienced
unintentional overdoses with substance abuse treatment services. Hospitals have discretion to determine
what should be included in the policy, but the bill provides express authority to include several items in the
policy which include:
 A process for obtaining patient consent to disclose to patient’s next of kin and the primary care
physician or practitioner who prescribed a controlled substance of the patient’s overdose, her or
his location, and the nature of the substance or controlled substance involved in the overdose.
 A process for providing information to the patient or the patient’s next of kin regarding licensed
substance abuse treatment providers and voluntary and involuntary commitment procedures for
mental health or substance abuse treatment.
 Controlled substance prescribing guidelines for emergency department health care practitioners.
 The use of licensed or certified behavioral health professionals or peer specialists in emergency
departments to encourage the patient to voluntarily seek substance abuse treatment.
 The use of Screening, Brief Intervention, and Referral to Treatment protocols in the emergency
department.
Status/Prognosis: The House bill passed all committees and is on 2nd reading. The Senate bill has not moved.
Unless this bill is amended to another opioid-related bill in the Senate, it is dead.
Controlled Substances
SB 150
Sen. Greg Steube (R-Sarasota)
HB 477
Rep. Jim Boyd (R-Sarasota)
The bill slightly enhances existing penalties trafficking offenses in hydrocodone, oxycodone, phencyclidine,
and phenethylamines by changing the term “more than ‘x’ grams” to “’x’ grams or more”. It also create new
penalties for synthetic opioid drugs by adding certain fentanyl & fentanyl derivatives and authorizes
certain crime laboratory personnel to possess, store, and administer emergency opioid antagonists used to
treat opioid overdoses.
Status/Prognosis: A priority bill of the Attorney General, the House bill is on 2nd reading, while the Senate bill
has two committees remaining. The bill will likely pass.
Drug Overdoses
SB 588
Sen. Kathleen Passidomo (R-Naples)
HB 249
Rep. Bob Rommel (R-Naples)
This bill allows EMTs and paramedics who provide basic and advanced live support services to report of
controlled substances overdoses to DOH. If a report is made, it must contain the date and time of the
overdose, the address of where the patient was picked up or where the overdose took place, whether an
emergency opioid antagonist was administered, and whether the overdose was fatal or non-fatal.
Additionally, a report must include the gender and approximate age of the patient and the suspected
controlled substances involved only if permitted by the reporting mechanism. Reporters must make best
efforts to make the report within 120 hours.
Status/Prognosis: The House bill passed all committees and is on 2nd reading. The Senate bill has two
committee references remaining but it must be heard the week of April 17 or the bill is dead.
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Prescription Drug Monitoring Program
SB 840
Sen. Jeff Clemens (D-Lake Worth)
HB 557
Rep. Nicholas Duran (D-Miami)
These bills reduce the amount of time a dispenser has to report the dispensing of a controlled substance to
the PDMP database to the close of the next business day after the controlled substance is dispensed and
limits the initial prescription of an opioid to alleviate acute pain to a 5-day supply. The bills also authorize
certain health care employees of the U.S. Veterans’ Administration to access the PDMP database in manner
established by DOH.
Status/Prognosis: The House bill passed (93-22) and the Senate bill has two committee references remaining.
It must be heard the week of April 17 or the bill is dead.
Budget Still Has Long Haul
Health Care
The House Health Care budget totaled $34 billion proposal, less than a one percent reduction from the
existing year budget. The largest portion of the budget is dedicated to Agency for Health Care
Administration ($26.37 billion), mostly for the Medicaid program. The proposal slashes hospital funding by
nearly $621.9 million and creates a four-tier plan to reimburse hospitals for Medicaid caseloads, with
bonuses for teaching and public hospitals.
The House budget for the Department of Children and Families included new positions at state hospitals to
monitor patients deemed to be at risk of harm to themselves or others ($2.7 million) and new therapists'
positions to address staffing rations ($6.375 million).
House Health Care Appropriations Subcommittee Chair Jason Brodeur (R-Sanford) included $12.950
million in his budget and allows DCF to determine most appropriate use of that funding, which would likely
include their funding priorities of adding new Family Intensive Treatment teams and Community Action
Teams. The House Health Care budget proposes to eliminate funding for Long-acting injectable naltrexone.
Community Based Care lead agencies received a $20 million bump, whereas other statewide initiatives
took a slight reduction including in central receiving facilities ($10 million), mental health transition
vouchers ($3.5 million), and the Reinvestment Grant ($3 million). The House is proposing a complete
elimination of the Long-acting injectable naltrexone program. Each of these issues may be offset by a line
item that added $11.5 million to partially mitigate reduction issues.
The House conforming legislation for the Medicaid program (PCB HCA 17-01) makes funding for the
prescription drug monitoring program permanent (PCB HCA 17-02), and language to merge trust funds
that build, renovate and support veteran nursing homes to improve cash flow (PCB HCA 17-03).
Meanwhile, the Senate budget was a little less liberal in reducing or eliminating core services and statewide
projects, and instead funded a larger number of community projects. Chaired by Senator Anitere Flores (RMiami), the health care budget totaled $35.5 billion, approximately $1.5 billion more than the House
budget. Like the House proposal, the Senate budget reduced funding for hospitals. They agreed with the
house to add new positions at state hospitals to monitor patients ($2.7 million), but only funded $2.94
million for new therapists.
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The Senate proposal funds the Governor's initiatives with federal trust fund dollars including pilot projects
in Pinellas ($1.5 million), Alachua (750,000), Broward ($500,000) and a new FACT team in Broward
County ($1.250 million). A priority of DCF was to add $1.8 million for new FIT teams, which was funded
with recurring dollars. Community Based Care lead agencies received an increase ($14.25 million). The
long-acting injectable naltrexone program within DCF was increased by $2.5 million NR, totaling $4 million
for that program.
Projects focusing on the opioid epidemic received much attention. Chair Flores formally recognizes federal
grant funding to address the epidemic ($27.1 million) as well as local funding initiatives in Pam Beach and
Manatee ($500,000 each).
Unlike spreadsheets presented earlier this session, the proposed budget does not eliminate any Community
Action Teams. However, CATs located in more rural parts of the state (Okaloosa, Walton, Bay, Collier, and
Escambia) were reduced by $250k. The budget adds new CATs in Volusia ($750,000), the Big Bend
($500,000), and Charlotte County ($600,000).
Other items worth mentioning include restoring funding to the substance abuse and mental health trust
fund ($4.1 million), funding to provide training and infrastructure for the Florida Association of Recovery
Residences ($100,000), and a cannabis prevention program ($400,000).
Criminal Justice
The House Justice budget chaired by Rep. Bill Hager (R-Boca Raton) totals nearly $4.9 billion; each agency
received a budget reduction.
While the Department of Corrections (DOC) received a downward adjustment of $18.3 million based off the
Criminal Justice Estimating Conference, the total $22.8 million in new funding included the department's
request for correctional officer hiring and retention, 126 non-security positions totaling $5.7 million, and
$12.2 million to fund facility maintenance and repair.
With the exception of reentry programs, most local funding initiatives were eliminated. The budget also
eliminated the Long-acting injectable naltrexone program within the state courts budget ($5 million) and
within DOC ($500,000).
Meanwhile, the Senate Appropriations Subcommittee on Criminal & Civil Justice, which is chaired by
Senator Aaron Bean (R-Jacksonville), totaled $5.1 billion, which was about $180 million more than the
House.
The Senate DOC budget also included the downward adjustment due to population projection. It did not
include pay raises, which was one of the department's priorities. It did however include $16 million for a
new mental health facility at Wakulla Correctional Institution and an additional $18 million is proposed for
mental health services. Local projects were eliminated in the House budget, but were funded in the Senate.
The Senate also proposed to increase Long-acting injectable naltrexone in the state court's budget by $2.5
million NR, totaling $7.5 million.
The below spreadsheet outlines the budget, as filed (SB 2500 & HB 5001).
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Agency
AHCA
Statewide and Local Funding
Graduate Medication Education - includes
Psychiatry in Statewide Medical Residency
Program (includes psychiatry).
Line
Senate Line
Amt
197
$180,000,000
Senate proviso includes funding for 2 addiction
medicine specialists at a program that has a 5-yr
history of such specialists
Special Categories - Community Mental Health
Services
192
AHCA
Special Categories - Fee for Service
204
$185,746,483
DCF
House Line
Amt
R
197
$ 197,300,000
R
R
192
$ 185,746,482
R
310A
$2,275,000
R/NR
$1,153,489
R/NR
Behavioral Health SafetyNet Network rate
increase, contingent upon SB 2514 passing
$1,010,745
R
$19,204,161
R
Special Categories - Prepaid Health Plans
Special Categories - Grants and Aids
House
Proviso Amt
R/NR
207
310A
$2,500,000
R/NR
Camillus House - Human Trafficking Recovery
Program
$100,000
NR
$500,000
NR
Devereaux Advanced Behavioral Health
$100,000
NR
$700,000
NR
Special Categories - Grants and Aids
330
$33,526,846
Cost of living increase at state contracted
hospitals
DCF
Line
Reach Institute for behavioral health services at
SalucCare
Behavioral Health SafetyNet Network rate
increase
DCF
R/NR
$200,000
AHCA
AHCA
Senate
Proviso Amt
Challenge Grants
R
330
$31,086,562
R
R
342
$3,800,000
R
$3,100,000
342
$5,000,000
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Agency
Statewide and Local Funding
Line
Senate Line
Amt
DCF
Lump Sum - Community SAMH Programs addressing unique needs geographically such as
FACT, CAT, & FIT
DCF
Public Safety, Mental Health, and Substance
Abuse Local Matching Grant Program
(Reinvestment Grant)
362
$9,000,000
DCF
Community Action Teams
363
$17,850,000
Senate
Proviso Amt
SalusCare - Lee
$750,000
Manatee Glens - Sarasota, Desoto
Circles of Care - Brevard
Life Management Center - Bay
David Lawrence Center - Collier
Child Guidance Center - Duval
$750,000
$750,000
$500,000
$500,000
$750,000
Institute for Child and Family Health - Dade
Line
House Line
Amt
361A
$12,950,000
R
R
362
$9,000,000
R/NR
R
363
$20,250,000
R/NR
House
Proviso Amt
R/NR
R/NR
$750,000
R
R
R
R
R
R
$750,000
$750,000
$750,000
$750,000
$750,000
R
R
R
R
R
$750,000
R
$750,000
R
Mental Health Care - Hillsborough
$750,000
R
$750,000
R
Personal Enrichment MH Services - Pinellas
$750,000
R
$750,000
R
Peace River - Polk, Highlands, Hardee
$750,000
R
$750,000
R
COPE Center - Walton
$500,000
R
$750,000
R
Lifestream BH - Sumter, Lake
$750,000
R
$750,000
R
Family Preservations Services - Treasure Coast
$750,000
R
$750,000
R
Lakeside BH - Orange
$750,000
R
$750,000
R
Citrus Health - Dade
$750,000
R
$750,000
R
Manatee Glens - Manatee
$750,000
R
$750,000
R
Lakeview Center - Escambia
$500,000
R
$750,000
R
Sinfonia - Alachua
$750,000
R
$750,000
R
Baycare BH - Pasco
$750,000
R
$750,000
R
Meridian BH - Alachua, Columbia, Dixie, Hamilton,
Lafayette, Suwanee
$750,000
R
$750,000
R
The Centers- Marion
$750,000
R
$750,000
R
Sinfonia - Palm Beach
$750,000
R
$750,000
R
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Agency
House
Proviso Amt
R/NR
R
$750,000
R
Lakeview Center - Santa Rosa County
R
$750,000
NR
Family Preservation Services - Treasure Coast
R
$750,000
NR
Osceola Mental Health - Osceola
R
$750,000
NR
$750,000
NR
$455,000
R/NR
$750,000
NR
$1,593,853
R
$1,168,000
R
Henderson Behavioral Health - Forensic
treatment
$1,168,000
R
Mental Health Care - Forensic treatment services
$1,168,000
R
New Horizons of the Treasure Coast
$1,393,482
R
Lifestream Behavioral Center - Transition beds
$1,622,235
R
Statewide and Local Funding
Line
Senate Line
Amt
Bridgeway Center - Okaloosa
DCF
Senate
Proviso Amt
R/NR
$500,000
Charlotte Behavioral Healthcare
$600,000
R
Halifax Health - Volusia, Flagler
$750,000
R
Big Bend - Leon, Gadsden, Wakulla
$500,000
R
$455,000
R
Stewart-Marchman (FACT: Putnam, St. Johns)
Note: the line difference in the House
$1,500,000
NR
Transitional beds stepping down from state
hospitals
$4,730,000
R
Forensic mental health transitional beds to divert
from jails
$4,004,000
R/NR
Four new community forensic multidisciplinary
teams
$1,000,000
NR
Community Mental Health Services
Citrus Health Network
364
$283,513,206
364
Apalachee Center
Apalachee Center - 4 additional short term
forensic transitional beds
Supported employment services for individuals
with mental health disorders
Line
$500,000
NR
369
House Line
Amt
$272,261,535
$1,000,000
14 | P a g e
Agency
Statewide and Local Funding
Line
Senate Line
Amt
Senate
Proviso Amt
TRANSFER GR TO AHCA to be used as state match
to eliminate Medicaid service limitations for
certain BH services and targeted case
management for adult SUD (See SB 2514)
$17,241,519
TRANSFER GR TO AHCA to be used as state match
for a rate increase for certain Medicaid BH
services (See SB 2514)
$7,758,481
R/NR
Line
House Line
Amt
House
Proviso Amt
R/NR
DCF
Baker Act Services
365
$72,738,856
R
365
$72,738,856
R
DCF
Community Substance Abuse Services
366
$248,563,167
R/NR
366
$217,164,287
R
Pregnant women, mothers, and their affected
families
Informed Families
Family Intensive Treatment team
(Note: the House places Centerstone FIT in
separate proviso at $840,000R)
$10,000,000
R
$300,000
NR
$12,000,000
R
St. John's Detox
R
$7,800,000
R
$1,300,000
R
Here's Help
$200,000
R
$500,000
R/NR
DACCO
$100,000
R
$250,000
NR
$100,000
NR
Florida Association of Recovery Residences
DCF
Central Receiving Facilities
367
$20,000,000
DCF
Special Categories - Contracted Services
368
$10,309,629
Naltrexone Extended Release Injectable
Medication
DCF
$10,000,000
R
$4,000,000
R/NR
Cannabis Prevention Project
$400,000
NR
State Attorney 15th Circuit investigation and
prosecution of criminal and regulatory violations
in substance abuse
$300,000
NR
Special Categories - Contracted Services
David Lawrence Center
369
$15,726,677
367
$15,000,000
R/NR
368
$5,525,879
R
0
369
$15,906,713
R/NR
$100,000
15 | P a g e
R
Agency
Senate
Proviso Amt
R/NR
House
Proviso Amt
R/NR
Starting Point BH
$100,000
Clay BH Community Crisis Prevention Team
$300,000
NR
$300,000
NR
NR
$300,000
NR
Ft. Myers Salvation Army
$165,000
NR
Life Management Center of Northwest FL FACT
$700,000
NR
Gracepoint - Crisis stabilization units
$848,000
NR
Directions for Living
$400,000
NR
$1,001,560
NR
Henderson Behavioral Healthcare - CSU
$750,000
NR
Meridian Behavioral Health
$500,000
NR
Statewide and Local Funding
Line
Senate Line
Amt
Apalachee Center - Forensic
Line
House Line
Amt
John Hopkins All Children's Hospital MH
Demonstration for Chronic Pain patients
$550,000
NR
AGAPE Network - Integrated Care Team, BH
$100,000
NR
$567,250
NR
Bridgeway Center Emergency Mobile Access
Team
$100,000
NR
$350,000
NR
SFBHN Involuntary OP
$250,000
NR
Healthcare Network SW FL Integrated BH
Program
$100,000
NR
Northside MH - CSU
$300,000
NR
$275,000
NR
Baycare - Veterans Intervention Program
$485,000
NR
$485,000
NR
Veterans Alternative Retreat
$250,000
NR
$500,000
NR
$100,000
NR
$100,000
NR
New Hope Residential SAMH Pilot
$100,000
NR
Palm Beach Opioid Abuse Pilot Program
$500,000
NR
Manatee Opioid Peer Coach Pilot Program
$500,000
NR
Specialized Treatment Education and Prevention
(STEPS) - Women's Residential
$100,000
NR
FL Assoc of Infant Mental Health
$100,000
NR
Centerstone - Psychiatric Residency
$500,000
NR
Jewish Family & Children's Services Children's Crisis Team
$400,000
NR
16 | P a g e
Agency
Statewide and Local Funding
Line
Senate Line
Amt
Circles of Care - Geopsychiatric Care Center
The Renaissance - Assisted Living for MH
Lifestream CSU
Jerome Golden Center for BH
Broward Memorial Regional Hospital:
Maternal Addiction Treatment
Senate
Proviso Amt
R/NR
$200,000
NR
$600,000
$1,000,000
$20,000
NR
NR
NR
$500,000
NR
Line
House Line
Amt
DCF
Purchase of Therapeutic Services for Children
370
$8,911,958
370
$8,911,958
DCF
Indigent Psychiatric Medication
371
$6,780,276
371
$6,780,276
DCF
Residential Treatment - Emotionally Disturbed
Children and Youth
372
$2,201,779
372
$2,201,779
DCF
Managing Entity Administration
376
$21,765,157
376
$21,447,155
DCF
Grants and Aids - FCO - Gateway Community
Services (this is the only line item in Senate)
377A
$100,000
377A
$467,000
Gateway Community Services
NR
$100,000
NR
Fellowship House
377A
DCF
Grants and Aids - FCO - Okaloosa MHSA criminal
justice diversion facility
377B
$200,000
NR
DCF
Grants and Aids - FCO - Henderson BH CSU
377C
$200,000
NR
DCF
Grants and Aids - FCO - Fellowship House
housing supports for SAMH
377D
$10,000
NR
DOC
Judicial Sentencing Alternatives to access drug
treatment and edu/voc opportunities
721
$700,143
R
DOC
Special Categories - Contract SA Services
737
$19,186,023
R/NR
DOC
Westcare Gulfcoast
$150,000
R
House of Hope
$100,000
NR
Special Categories - Contracted Services
Center for Alternatives to Incarceration for SA
offenders: effectiveness of diversion study
751
$6,592,629
$200,000
377A
See above
737
$17,936,023
751
$5,092,629
House
Proviso Amt
R/NR
$1,123,634
NR
NR
$400,000
NR
$67,000
NR
R
NR
17 | P a g e
Agency
DOC
Statewide and Local Funding
Line
Senate Line
Amt
Community Residential SA - Contracted Services
755
$4,493,762
Residential SA Tx Alachua Bradford Clay Counties
(for armed forces)
Naltrexone Extended Release Injectable
Medication
DOC
Community Residential SA - Contracted Services
756
Special Categories - Juvenile Redirections
Program
1121
$3,098,831
DJJ
Special Categories - Legislative Initiatives to
Reduce and Prevent Juvenile Crime
1178
$827,920
PAR Adolescent Intervention PAIC
OSCA
$1,000,000
R
$500,000
R
House Line
Amt
House
Proviso Amt
R/NR
$3,993,762
R
0
756
$21,700,861
R/NR
1121
$4,564,831
R
3187
$6,432,005
R
R
$650,415
3187
Line
R
$600,000
DJJ
Contracted Services - Special Categories
R/NR
$22,300,861
DACCO
OSCA
Senate
Proviso Amt
R
$14,429,504
Naltrexone Extended Release Injectable
Medication
$7,500,000
R/NR
Post-adjudicatory drug court programs: Broward,
Escambia, Hillsborough, Marion, Okaloosa,
Orange, Pinellas, Polk, Seminole and Volusia
counties
$5,000,000
R
$5,000,000
R
The Grove Juvenile Drug Court
$175,000
NR
$260,000
NR
Seminole County Drug Court
$124,421
NR
Miami-Dade Homeless BH and wrap around
housing/Judicial Circuit
$200,000
NR
Special Categories - Veterans Services
3191
$2,229,495
R/NR
0
3191
$1,712,846
R/NR
Alachua County Veterans Treatment Court
$150,000
R
$150,000
R
Clay County Veterans Treatment Court
$150,000
R
$150,000
R
Duval County Veterans Treatment Court
$200,000
R
$200,000
R
18 | P a g e
Escambia County Veterans Treatment Court
$150,000
R
$150,000
R
Leon County Veterans Treatment Court
$125,000
R
$125,000
R
Okaloosa County Veterans Treatment Court
$150,000
R
$150,000
R
Orange County Veterans Treatment Court
$200,000
R
$200,000
R
Pasco County Veterans Treatment Court
$150,000
R
$150,000
R
Pinellas County Veterans Treatment Court
$150,000
R
$150,000
R
Lake County Veterans Treatment Court
$200,000
NR
$200,000
NR
Leon County Veterans Treatment Court
$50,000
NR
Marion County Veterans Treatment Court
$50,000
NR
$86,000
NR
Dade County Veterans Treatment Court
$150,500
NR
Nassau County Veterans Treatment Court
$150,000
NR
Seminole County Veterans Treatment Court
$116,149
NR
Collier County Veterans Treatment Court
Note: The Senate proviso specifies this is for
reimbursement to David Lawrence Center
$86,000
NR
19 | P a g e
2017 PROPOSED LEGISLATION
Below is a list of bills FBHA is closely monitoring, along with a “guess”timate on the possibility of
passage. This year, there are over 120 bills related to issues of importance to FBHA. Keep in mind
that even if a bill dies, the issue may still be considered if it is amended to another bill.
HEALTH CARE
Alcohol Regulation
Providing/Serving Alcoholic Beverages
SB 1254
Sen. Darryl Rouson (D-St. Petersburg)
HB 983
Rep. Thad Altman (R-Viera)
These bills provide liability for injury or damage to any person who knowingly furnishes alcoholic
beverages to a person, including minors, who are visibly intoxicated.
Status/Prognosis: Neither of these bills has been heard this session. They are dead.
Beverage Law
SB 106
Sen. Anitere Flores (R-Miami)
HB 81
Rep. Bryan Avila (R-Hialeah)
Nicknamed the “Whiskey and Wheaties” bills, the measures would repeal a decades old law requiring the
sale of distilled spirits in stand-alone stores. The bill has created a divide between retailers Walmart and
Target vs. Publix and ABC Fine Wine and Spirits. The difference from previous years is that this provides
for a gradual phase-in. Liquor sales would remain prohibited within 1000 feet from schools.
Status/Prognosis: Passing all the full Senate and all House committees, this bill will be a negotiating tool for
leadership, but has a better than 50/50 chance of passing.
Craft Distilleries
SB 166
Sen. Greg Steube (R-Sarasota)
HB 141
Rep. Cyndi Stevenson (R-St. Augustine)
These bills would allow craft distilleries to sell up to six individual containers of each branded product in a
calendar year directly to a customer from their souvenir gift shop. The bill does not change any other
condition or requirement in current law relating to the direct sale of individual containers to consumers by
craft distilleries.
Status/Prognosis: Both bills have passed two committees and have one remaining. There is a likely chance of
passage this year.
Baker Act
Involuntary Examination of Children and Adolescents
SB 1580
Sen. Audrey Gibson (D-Jacksonville)
HB 1183
Rep. David Silvers (D-West Palm Beach)
20 | P a g e
The bill requires a receiving facility to initiate an involuntary examination of a minor age 10 or younger
within 12 hours of arrival at the facility and complete the involuntary examination within 24 hours of
arrival.
Status/Prognosis: The House bill has one committee reference remaining and the Senate bill has not been
heard. The issue is dead this session.
Involuntary Examinations Under the Baker Act
SB 634
Sen. Daphne Campbell (R-Miami)
HB 645
Rep. Larry Lee, Jr. (D-Fort Pierce)
These bills add advanced registered nurse practitioners (ARNPs) and physician assistants (PAs) to the list
of health care practitioners who may initiate an involuntary mental examination of a person under the
Florida Mental Health Act.
Status/Prognosis: The House bill has one committee reference remaining while the Senate has two. There is a
50/50 chance of passage this session.
SB 1756
Sen. Rene Garcia (R-Hialeah)
This is a large legislative package that supports the recommendations of the Supreme Court Task Force on
Substance Abuse and Mental Health, making changes to involuntary examinations such as authorizing
surrogates/proxies to act as decision makers as serve as the designated representative; expanding the
definition of service provider’s employee to include contractors; and adds PAs and ARNPs to the list of
individuals who may execute a certificate to initiate an involuntary examination.
Status/Prognosis: The Senate bill has two committee references remaining and there is no direct House
companion. The issue is dead this session.
Involuntary Commitment
SB 1614
Sen. Rene Garcia (R-Hialeah)
This bill makes changes to the involuntary commitment process by requiring that a petition be executed by
a petitioning commission of 2-3 individuals and filed with the Agency for Persons with Disabilities. The
petition must state that the individual lacks the capacity to give consent that that there is no guardian or
guardian advocate who can give the consent.
Status/Prognosis: The bill has not been heard and has no companion. It is dead.
Child Safety/Child Welfare/Benefits
TANF
SB 1392
HB 1117
Sen. Jack Latvala (R-Clearwater)
Rep. Chris Latvala (R-Clearwater)
The bill requires the Department of Children and Families (DCF) to drug test applicants for Temporary
Assistance for Needy Families (TANF) who have been convicted of committing or attempting to commit
certain drug-related felonies within the last 10 years and who the department has reasonable suspicion is
engaging in the illegal use of a controlled substance.
21 | P a g e
The bill also removes the requirement that the criteria for testing include any parent or caretaker included
in the cash assistance group, that in two-parent families both parents must comply with the drug-testing
and any teen parent not required to live with a parent, legal guardian or other caretaker relative must be
drug-tested.
Status/Prognosis: The House bill has been heard in two committees and the Senate bill has been heard in one.
The House sponsor publicly stated his intention to amend the bill to exempt individuals currently receiving
drug treatment. The issue will not likely pass this session.
Child Welfare
SB 1400
Sen. Denise Grimsley (R-Sebring)
HB 1121
Rep. Cyndi Stevenson (R-St. Augustine)
SB 1400 creates a Hormonal Long Acting Reversible Contraception (HLARC) program at the Department of
Health (DOH). The bill codifies federal requirements in the Child Abuse Prevention and Treatment Act
(CAPTA), related to plans of safe care for substance exposed newborns and creates a pilot program for
newborns and their caregivers based on the Shared Family Care model. The bill provides a $750,000
appropriation to the Department of Health to implement an HLARC program and has an indeterminate
fiscal impact on the Department of Children and Families.
Status/Prognosis: The House bill has passed all of its committees, but Senate bill has three committee
references remaining. The issue is likely dead this session.
Recovery Residences
SB 762
Sen. Dennis Baxley (R-Ocala)
HB 329
Rep. Gayle Harrell (R-Port St. Lucie)
Current law provides that the public policy of the state is for each minor to have frequent and continuing
contact with both parents after the parents separate or divorce. In determining a time-sharing plan for
contact with both parents, a court must weigh a number of factors in deciding what is in the best interests
of the child.
The bill provides that a time-sharing plan may not require a minor child to visit a parent residing in a
recovery residence between the hours of 9 p.m. and 7 a.m. The bill also provides that a certified recovery
residence may allow minor children to visit a resident parent, but may not allow the children to remain
between the hours of 9 p.m. and 7 a.m.
Status/Prognosis: Both bills have one remaining committee. The House bill was amended to ensure children
remain with their mothers. It has a better than average chance of passing.
Drinking and Driving
Driving or Boating Under the Influence
HB 237
Rep. David Silvers (D-West Palm Beach)
This bill adds tetrahydrocannabinol to the ”Driving Under the Influence” statutes.
Status/Prognosis: This bill has no companion and has not been heard in committee. It is dead.
Driving Under the Influence
SB 918
Sen. David Simmons (R-Longwood)
22 | P a g e
HB 949
Rep. Cord Byrd (R-Jacksonville Beach)
These bills placed conditions on ignition interlock devices. If defendant is convicted of driving under the
influence and agrees or the court orders placement of an ignition interlock device then the court must
withhold adjudication if the defendant does not have a prior withholding of adjudication or adjudication of
guilt for any other offense. If the defendant fails to comply with the terms of the ignition interlock device,
then the court may order, among other penalties, an adjudication of guilt for the defendant.
Status/Prognosis: Both bills have been heard in one committee, but have two committee references
remaining. It is not likely to pass this year.
Housing
Housing Assistance
SB 1656
Sen. Victor Torres (D-Orlando)
HB 133
Rep. Bob Cortes (R-Altamonte Springs)
This bill increases percentage of local housing distribution funds that may be used to provide rental
housing from 25% to 50%.
Status/Prognosis: Neither bill has been heard in committee. The issue is dead.
Task Force on Affordable Housing
SB 854
Sen. Jeff Brandes (R-St. Petersburg)
HB 1013
Rep. Newt Newton, Sr. (D-St. Petersburg)
These bills create a 13-member task force on affordable housing to develop recommendations for Florida’s
affordable housing needs that include, but are not limited to, a review of market rate developments;
affordable housing developments; land use for affordable housing developments; building codes for
affordable housing developments; the states’ implementation of the low-income housing tax credit; private
and public sector development and construction industries; and the rental market for assisted rental
housing. The task force must also include recommendations for the development of strategies and
pathways for low-income housing.
Status/Prognosis: Both bills have been heard in committees, but still have two references remaining. They are
not likely to pass this session.
Managed Care/Private Health Plans
Payment of Health Care Claims
SB 102
Sen. Greg Steube (R-Sarasota)
HB 579
Rep. Bill Hager (R-Boca Raton)
This legislation prohibits health insurers and health maintenance organizations (HMOs) from retroactively
denying a claim, if at any time, the insurer or HMO verified the eligibility of an insured or subscriber at the
time of treatment and provided an authorization number. Currently, a health insurer or HMO may
retroactively deny a claim because of an insured’s ineligibility up to 1 year after the payment of the claim
and the patient is responsible for those claims, which potentially exposes the physician to financial risk if
the patient does not pay the claims.
23 | P a g e
Status/Prognosis: The Senate bill has one committee reference remaining, passing the other two unanimously.
The House has two policy committees remaining. It has a 50/50 chance of passing this session.
Prior Authorization/Fail First
SB 530
Sen. Greg Steube (R-Sarasota)
HB 877
Rep. Shawn Harrison (R-Tampa)
These bills require a health insurer or HMO to publish on its website, and provide in writing, a procedure
for an insured and health care provider to request an exception to a fail-first protocol requirement. They
establish timeframes for the authorization or denial of a fail-first protocol exception request in non-urgent
care situations and urgent care situations and that a health insurer or HMO to grant a fail-first protocol
exception request when a preceding prescription drug or medical treatment is contraindicated or will
likely cause an adverse reaction, expected to be ineffective, or is in the same pharmacologic class or same
mechanism of action to a drug or treatment previously received by the insured that lacked efficacy or
effectiveness.
Status/Prognosis: Both bills have one committee reference remaining and have a likely chance of passing this
session.
Health Information Transparency
SB 1550
Sen. Frank Artiles (R-Miami)
HB 1209
Rep. Jason Brodeur (R-Sanford)
These bills make a number of changes to managed care including:
 Extends the time for AHCA to file a claim of lien against any recovery a beneficiary receives for an
illness or injury for which a third party may be legally liable from one year to three years;
 Requires any entity that is legally responsible for the payment of health care services to respond
within 90 days of receipt of a written proof of loss or claim for payment of health care services;
 Specifies that failure to pay or deny a claim within 140 days of receipt creates an uncontestable
obligation to pay such claim;
 Clarifies that a beneficiary may contest the amount of reimbursement from a medical expense;
 Repeals provisions requiring AHCA to enter into cooperative agreements with the Office of
Insurance Regulation and Department of Revenue and promulgate rules pursuant to the
agreements for obtaining and sharing information regarding potential third party coverage of
Medicaid beneficiaries;
 Requires AHCA to contract with a vendor to evaluate the health information technology in this
state and identify best practices for developing data systems that will provide health care
practitioners real-time access to patient information.
Status/Prognosis: The House bill has one committee reference remaining while the Senate bill has two
references remaining. There is a 50/50 chance of passage this session.
Direct Primary Care Agreements
SB 240
Sen. Tom Lee (R-Brandon)
HB 161
Rep. Danny Burgess (R-Zephyrhills)
These bills outline a framework for direct primary care agreements; clarifying that these agreements are
not insurance and not subject to regulation under the Florida Insurance Code. They also exempt a primary
24 | P a g e
care provider, which includes a primary care group practice, or his or her agent, from any certification or
licensure requirements in the Code for marketing, selling, or offering to sell an agreement.
Status/Prognosis: The House bill has passed, and the Senate bill has one reference remaining. Passage of this
legislation will be contingent upon Senate leadership approval.
Health Insurance
SB 528
Sen. Greg Steube (R-Sarasota)
HB 449
Rep. Paul Renner (R-Jacksonville)
The bills require certain health insurers to provide a method for an insured to request information on the
contracted amount with a health care provider for certain health care services, called shoppable health care
services, and the average price for those same services. They also require insurers to post quality
information on shoppable health care services and providers, if available. Upon the request of an insured,
an insurer must provide within 2 working days a good faith estimate of the contracted amount for the
shoppable health care service, as well as an estimate of copayments, deductibles, and other cost-sharing
responsibilities. Using the information from the health insurer, if the insured obtains a shoppable health
care service for less than the average price for the service, the bill requires the savings to be shared by the
health insurer and the insured.
Status/Prognosis: While the House bill has one committee reference remaining, the Senate bill has not been
heard. The issue is dead this session.
Statewide Medicaid Managed Care Program
SB 916
Sen. Denise Grimsley (R-Sebring)
This bill modifies the Statewide Medicaid Managed Care program (SMMC) and deletes the fee-for-service
reimbursement option for provider service networks (PSNs) and revises the requirements for the contents
of the data book used for rate setting to be consistent with actuarial rate-setting practices and standards.
Status/Prognosis: This bill has no companion. The issue is dead this session.
Mental Health
Hospital Diversion
SB 1094
Sen. George Gainer (R-Panama City)
HB 1051
Rep. Mel Ponder (R-Panama City)
This bill would create a Forensic Hospital Diversion Pilot Program in Okaloosa County in conjunction with
the First Judicial Circuit in Okaloosa County to provide competency-restoration and communityreintegration services in either a locked residential treatment facility when appropriate or a communitybased facility based on consideration of public safety, the needs of the individual, and available resources.
Status/Prognosis: The Senate bill passed all committees, and the House bill has one committee remaining.
Passage will be a leadership decision, based on the appropriation amount. It is likely to pass this session.
Law Enforcement Officer Training
SB 154
Sen. Perry Thurston, Jr. (D-Ft. Lauderdale)
HB 39
Rep. Evan Jenne (D-Hollywood)
HB 219
Rep. Cynthia Stafford
25 | P a g e
The companion legislative proposals require law enforcement training for autism awareness, while HB 219
would require law enforcement other crisis intervention training.
Status/Prognosis: The companion legislation will pass, but HB 219 is dead.
Law Enforcement Certification
SB 960
Sen. Randolph Bracy (D-Ocoee)
This bill would require a law enforcement, correctional, and correctional probation officers to pass a jobrelated psychological evaluation performed by a mental health professional before initial employment or
appointment; requiring all officers to pass such psychological evaluation every 4 years as a condition of
continued employment or appointment.
Status/Prognosis: With no hearing and no House companion, this bill is dead.
SB 12 Glitch
SB 358
HB 1327
Sen. Rene Garcia (R-Hialeah)
Rep. Kathleen Peters (R-St. Petersburg)
SB 358 authorizes the Department of Children and Families to approve behavioral health care receiving
systems, designate and monitor receiving and treatment facilities and suspend or withdraw such
designation for non-compliance with the law or the department’s rules. This bill revises the reporting
requirements of the managing entities for the Acute Care Services Utilization Database. The department is
required to post certain data on its website on a monthly basis. The court is required to schedule a hearing
on a petition for involuntary services for substance use disorder within five court working days unless a
continuance is granted.
Status/Prognosis: The Senate bill passed, but the House bill hasn’t moved. A possible negotiating tool, this bill
will pass if Leadership agrees.
Substance Abuse
Impaired Practitioner
SB 876
Sen. Dana Young (R-Tampa)
HB 229
Rep. Cord Byrd (R-Jacksonville Beach)
These bills revise multiple statutory provisions relating to treatment programs for impaired healthcare
providers. Primarily it clarifies in law the roles and responsibilities of the parties involved in the program
as it relates to intervention, evaluation, treatment, monitoring, continuing care, or expelling a professional
from the program. The bills also amend the provisions relating to the disqualification for health care
practitioners for licensure or renewal to help ensure due process and provides an exception for pretrial
diversion.
Status/Prognosis: The House bill has passed all committees and the Senate bill has two remaining. There is a
50/50 chance of passage this year.
Marchman Act/Public Records
SB 886
Sen. Bobby Powell (D-West Palm Beach)
HB 791
Rep. Joe Abruzzo (D-Boca Raton)
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These bills make all pleadings and other documents, and the images of all pleadings and other documents,
in court involved involuntary admissions proceedings under the Marchman Act confidential and exempt
from the public.
Status/Prognosis: Both bills are ready for floor votes. This legislation will pass.
Miscellaneous Health Care
Licensure
SB 1120
Sen. Frank Artiles (R-Miami)
This bill shift the licensing and regulation of substance abuse programs to the Agency for Health Care
Administration, rather than the Department of Children and Families.
Status/Prognosis: The bill has no companion and hasn’t been heard. It is dead this session.
Health Care Access
HB 7011
Health Quality Subcommittee, Rep. Cary Pigman (R-Sebring)
This bill is a retread of legislation filed in previous years. It authorizes certain ARNPs to practice advanced
or specialized medicine; creates a framework, authorizes the use of, and provides tax exemptions for use of
telehealth.
Status/Prognosis: These issues have been a House priority, but the Senate has not agreed. It is likely dead this
session.
Kratom
SB 424
HB 183
Sen. Darryl Rouson (R-St. Petersburg)
Rep. Kristin Jacobs (D-Coconut Creek)
This bill would have provided for a first degree misdemeanor change for selling or delivering Kratom to
minors.
Status/Prognosis: This bill has not been heard this session. It is dead.
Department of Management Services
SB 1540
Sen. Jeff Brandes (R-St. Petersburg)
HB 1281
Rep. Ben Albritton (R-Bartow)
These bills create the Statewide Procurement Efficiency Task Force for the purpose of evaluating the
effectiveness and value of state and local procurement laws and policies to the taxpayers of the state and
determining where inconsistencies in such laws and policies exist. The bill requires the task force to submit
a final report to the Governor, the President of the Senate, and the Speaker of the House of Representatives
by July 1, 2018. Such report must, at a minimum, include recommendations for consideration by the
Legislature to promote procurement efficiency, streamline procurement policies, establish best
management practices, and encourage increased use of state term contracts.
Status/Prognosis: Both bills have passed one committee and have two committee references remaining. If not
heard the week of April 17, these bills will die.
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JUSTICE
SB 448/459
HB 367/369
Adult Civil Citation
Sen. Jeff Brandes (R-St. Petersburg)
Rep. Scott Plakon (R-Longwood)
These bills and their linked public records exemption proposals establish a framework and encourages
local communities and public and private educational institutions to implement a prearrest diversion
program. The bill requires an adult who receives a civil citation or similar notice to report for intake and
comply with requirements in order to avoid an arrest. There are bills creating public records exemptions
that have been linked to this legislation.
Status/Prognosis: The Senate bill has two committee references remaining while the House has one. It has a
likely chance of passing.
SB 458
HB 387
Criminal Justice Reform Task Force
Sen. Jeff Brandes (R-St. Petersburg)
Rep. Kathleen Peters (R-St. Petersburg)
These bills create a 28-member joint legislative entity called Florida Criminal Justice Reform Task Force for
conducting a comprehensive review of the state’s criminal justice system, court system, and corrections
system. The task force must submit a report of its findings, conclusions, and recommendations for
proposed legislation to the President of the Senate and the Speaker of the House of Representatives by the
date of convening of the 2018 Regular Legislative Session (January 9, 2018). Membership on the task force
is prohibited for vendors, associations or such that provide corrections, mental health, substance abuse,
reentry, or similar criminal justice-related services. The task force expires January 31, 2018.
Status/Prognosis: The Senate bill has one committee reference remaining, but the House has not been heard.
It is likely dead this session.
Sentencing
Minimum-Mandatory Departure
SB 290
Sen. Darryl Rouson (D-St. Petersburg)
HB 641
Rep. Sean Shaw (D-Tampa)
SB 834
Sen. Bobby Powell (D-West Palm Beach)
The bills create various prison diversion for certain nonviolent felony offenders including: diversion for
simple possession of a controlled substance; authorizes a court to depart from a mandatory minimum term
of imprisonment for a nonviolent felony or misdemeanor if the court finds that specified criteria are met;
reestablishes a sentencing commission to provide recommendations regarding offense severity level
rankings of noncapital felonies; and restores a circumstance for mitigating (reducing) a sentence based on
substance abuse or addiction and amenability to treatment and creates a new mitigating circumstance for
certain nonviolent felony offenders;
According to the Legislature’s Office of Economic and Demographic Research’s (EDR’s) preliminary
estimate, provisions of the bill relating to prison diversion and departure from mandatory minimum terms
will result in a decrease in prison beds. The EDR’s preliminary estimate is that prison diversion for certain
drug possession offenders will result in a cumulative decrease of 1,001 prison beds over 5 years (FY 201718 to FY 2021-22) with a cumulative cost avoidance of $131,965,742. Prison diversion for certain
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nonviolent second degree felony offenders will result in a cumulative decrease of 2,027 prison beds over 5
years (FY 2017-18 to FY 2021-22) with a cumulative cost avoidance of $263,156,174.
Status/Prognosis: The Senate bill has three more committee stops and the House bill has two. The issue is
likely dead this session.
Controlled Substance Offenses
SB 1436
Sen. Jeff Clemens (D-Lake Worth)
HB 731
Rep. Katie Edwards (D-Sunrise)
These bills reduce the minimum mandatory time served and fines required, as well as increase the weight
thresholds for drug offenses
Status/Prognosis: Neither bill has been heard in committee. The issue is likely dead this session.
Sentencing
SB 1068
HB 157
Sen. Jeff Brandes (R-St. Petersburg)
Rep. Danny Burgess (R-Zephyrhills)
This bill authorizes a court to sentence certain offenders to county jail for up to 24 months if county has
contract with the Department of Corrections.
Status/Prognosis: Both bills have been heard in one committee, with two more references remaining. It is
dead this session
Recreational Marijuana
SB 1662
Sen. Jeff Clemens (D-Lake Worth)
HB 1403
Rep. Carlos Guillermo Smith (D-Winter Park)
These bills decriminalize possession of marijuana and marijuana-related accessories.
Status/Prognosis: These bills are dead.
Post-Release Employment
Background Screening
HB 31
Rep. Shevrin Jones (D-West Park)
This bill would prohibit employers from excluding applicants from initial interview for employment if they
have been convicted of a felony. It will not prohibit the employer from completing a background check in
the hiring process.
Status/Prognosis: Three committee references - no hearings - no Senate companion. This bill is dead.
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