Gail Cordial, Executive Director
Corporate
Roundtable
Members
June 10, 2013
2013 Session Summary
Below is a final report from our “Bills to Watch” list. Our sincere thanks to the FL Alcohol and
Drug Abuse Association and the Florida Council for Community Mental Health for their input on
the budget and other issues during the session. For additional information on specific bills go to
the MyFLoridaHouse.gov or FLSenate.gov websites.
Diamond
Eli Lilly & Company
Johnson & Johnson
Health Care Systems
Novartis
Pharmaceuticals
Corporation
Platinum
BayCare Behavioral
Health
HB 9 and SB 110 – Baker Act. to allow physician assistants and ARNPs to initiate involuntary
examinations under the Baker Act now pending in the Senate. SB 110 was amended on 4/15
replacing the language of the bill with a study of the issue to be completed by January 1, 2014.
DIED
HB 49 and SB1140 – Drug paraphernalia (aka “bong bill”) would eliminate so-called head
shops that sell drug-use pipes and other devices. HB 49 passed, was approved by the Governor
on June 5. Effective date: July 1
CS/HB 93 and CS/SB 402 – Homeless. To include an option for voluntary contributions to aid
homeless programs on driver license and vehicle registration forms. CS/HB 93 passed, signed
by the Governor. Effective date: July 1
Circles of Care
FL Alcohol & Drug
Abuse Association
FL Council for
Community Mental
Health
FL Sheriffs
Association
Jerome Golden
Center for Behavioral
Health
Lakeside Behavioral
Healthcare
LifeStream Behavioral
Center
Meridian Behavioral
Healthcare
New Horizons of the
Treasure Coast
South Florida
Behavioral Health
Network
Pfizer
Sunovion
The Robert F. and
Eleonora W. McCabe
Foundation
www.flpic.org
CS/HB 115 and SB 160– Veterans. To waive certain Dept. of Health professional licensure fees
for veterans who are honorably discharged. SB 160 passed, approved by the Governor June 7.
Effective date: July 1
CS/SB 142 – Intellectual Disabilities. Substituting the Arc of Florida for the Association for
Retarded Citizens for purposes of certain proceedings relating to children; substituting the term
“intellectual disability” for the term “mental retardation”; clarifying in specified provisions that the
meaning of the terms “intellectual disability” or “intellectually disabled” is the same as the
meaning of the terms “mental retardation,” “retarded,” and “mentally retarded” for purposes of
matters relating to the criminal laws and court rules, etc. Passed, awaiting action by the
Governor. Effective date: July 1
CS/HB 159 – Drug trafficking. Revises criminal penalties for persons who commit a felony
known as "trafficking in illegal drugs" involving specified quantities of oxycodone or hydrocodone.
The Senate companion, SB 1860, was introduced in Senate Criminal Justice on April 11 and has
three committee assignments. DIED.
CS/CS/HB 317 and CS/SB 1420 – Mental Health Treatment. Authorizes forensic & civil
facilities to order continuation of psychotherapeutics for individuals receiving such medications in
jail before admission; provides timeframes within which competency hearings must be held;
revises time for dismissal of certain charges for defendants who remain incompetent to proceed
to trial. CS/SB 1420 passed but was VETOED by the Governor.
CS/CS/HB 365 Biologic drugs. Provides permissive language to allow a pharmacist to
substitute a biosimilar drug for a biologic drug if the biosimilar drug has been determined to be
interchangeable by the FDA. Approved by the Governor May 31, effective date July 1.
CS/CS/CS SB 390 and HB 1077 Veterans’ Organizations. Prohibiting a business entity from
advertising or holding itself out to the public as a veterans’ organization or similar entity under
certain circumstances; providing that an entity that violates the restrictions on advertising violates
the Florida Deceptive and Unfair Trade Practices Act; prohibiting misrepresentation as a service
member or veteran and wearing military or veterans’ uniform, medal, or insignia, etc.
Last Action: 06/10/2013. Effective July 1. Chapter No. 2013-126.
CS/CS/HB 617 Juvenile Justice Circuit Advisory Boards and Juvenile Justice County Councils: Redesignates
juvenile justice circuit boards as juvenile justice circuit advisory boards; requires each board to have county organization
representing each county in circuit; provides exception for single-county circuits; deletes provisions providing for juvenile
justice county councils; revises provisions relating to duties & responsibilities of boards. Approved by the Governor,
effective date October 1.
HB 619 and SB294 Bath Salts. The bill codifies the Schedule I scheduling of the substances listed in the Attorney
General’s emergency rule issued on December 11, 2012, that temporarilyplaced several new synthetic cannabinoids,
cathinones, and phenethylamines as Schedule I controlled substances. This is a continuation of legislation passed in
2011 and 2012 in response to law enforcement’s struggles to keep up with new versions of synthetic "designer" drugs.
Since the law first passed, manufacturers have been able to make minor chemical changes so they are, technically, not
selling banned substances. This bill adds to the list of Schedule II controlled substances. Effective immediately, the bill
was signed on April 24, 2013.
CS/SB 824 and HB 1183 – Public records exemptions mental health. To provide an exemption from public records
requirements for forensic behavioral health evaluations filed with the court. DIED.
CS/SB 1014 and HB 1185 – Public records exemptions drug courts. Exempts from public records requirements
information from the initial screenings for participation in a treatment-based drug court program, substance abuse
screenings, behavioral health evaluations, and subsequent treatment status reports. DIED.
CS/CS/HB 1021 and CS/SB 1112 – Background screening. This legislation was filed at the request of AHCA to clarify
several implementing rules for the Care Provider Background Screening Clearinghouse. The most important provision is
the elimination of the three-year waiting period to apply for an exemption from disqualification for a criminal offense for
individuals who have completed all monetary sanctions for a felony disqualifying offense, as long as all sanctions are paid
or completed before eligibility for an exemption. DIED.
CS/SB 1032 and HB 7121 – Inmate Reentry. Requiring the Dept. of Corrections to provide every Florida-born inmate
with a copy of their birth certificate and a state-issued ID card prior to their release; and encouraging the DOC to maintain
faith- and character-based institutions for both male and female inmates. The bills would also create a reentry program
for nonviolent drug offenders. The court must impose at the time of sentencing, a conditional split sentence requiring
the offender to participate in the DOC reentry program including in-prison treatment and upon completion, drug offender
probation. The Senate Criminal Justice Appropriations committee stripped SB 1032 of the reentry portions of the bill
leaving only the ID card and faith-based portions intact. Both bills DIED in committee.
CS/CS/HB 1355 and CS/SB 1000 – Firearm purchases. To provide conditions under which a person who has been
voluntarily admitted to a mental institution for treatment & has undergone involuntary examination under the Baker Act
may be prohibited from purchasing a firearm. CS/CS/HB 1355 passed and was APPROVED by the Governor. Effective
July 1.
SB 1834 and HB 7103 – Crossover Youth. Creating a pilot project to serve youth in common to the Department of
Children and Families and the Department of Juvenile Justice; providing for selection of a county for the project; requiring
the Secretary of Children and Families to seek proposals from interested providers. DIED
SB 1816 – Healthy Florida – Negron health care expansion plan DIED.
SB 1844 – Health Choice Plus Program. – Bean health care expansion plan. Passed, approved by the Governor.
Effective July 1.
HB 7051 and CS/SB 1412 Expert testimony. Provides that witness qualified as expert by knowledge, skill, experience,
training, or education may testify in form of opinion as to facts at issue in case; requires courts to interpret & apply
principles of expert testimony in conformity with specified U.S. Supreme Court decisions; subjects pure opinion testimony
to such requirements; provides that facts or data that are otherwise inadmissible may not be disclosed to jury by
proponent of opinion or inference unless court determines that probative value of facts or data in assisting jury to evaluate
expert's opinion substantially outweighs prejudicial effect. Approved by the Governor June 5, effective date: July 1.
APPROPRIATIONS:
The Legislature approved funding for two new mental health and substance abuse programs:
Community Action Teams: $6,075,000 for 9 pilot sites (Manatee Glens; Circles of Care; Life Management; David
Lawrence Center; Child Guidance Center; Institute for Child & Family Health; Mental Health Care; Personal Enrichment
Mental Health Services; Peace River) to fund comprehensive, community-based services to children ages 11-21 with a
mental health diagnosis or co-occurring substance abuse diagnosis.
Substance Exposed Newborns: $8,967,700 new funding for substance abuse services for pregnant women and their
affected families as recommended by the Statewide Task Force on Prescription Drug Abuse and Newborns. According to
the Task Force report, in 14 counties with high rates of Neonatal Abstinence Syndrome there were 861 cases but only 82
treatment beds available.