CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...ded as a component of the integrated delivery system of the Department of Health and Rehabilitative Services (hereinafter department). Section
394.66 (8), F. S. (1976 Supp.). AS TO QUESTIONS 1 AND 2: Section 11 of Ch. 76-221, Laws of Florida, amends s.
394.76 , F. S., in part, by creating s.
394.76 (9), F....
...required to participate in the funding of mental health services under the jurisdiction of said governing body, and the amount of the participation shall be no less than 25 percent of the net balance of the total budget, as approved, as set forth in s. 394.76 ....
...ations and approval, based upon the board's operating budget reflecting the program priorities established by the department, including the service providers who are to receive state and county funds, it is clearly the intent of the Legislature that s. 394.76 (9), F....
...ive jurisdictions, applies to the operating budgets of the district mental health boards. I might also note that those services included within the district plan of which the district administrator informs the board will be state funded, pursuant to s. 394.76 (1), F....
...S., which a board may include within its plan, in addition to the overall district board's district plan and budget, its contract and disbursements; comprise and are integral components of the total operating costs of the services provided for and enumerated in s.
394.75 (3), supra, and referred to in s.
394.76 (4)(a), F. S. (1976 Supp.), including the board's director and those staff personnel appointed by the board or its director. Section
394.76 (4), F....
...financial participation for all community-based, state-aided mental health and alcoholism prevention, treatment, and control programs. The state's annual share of financial participation is 75 percent of the net balance determined in accordance with s. 394.76 (4)(a), F. S. (1976 Supp.). Section 394.76 (4)(b), F....
...In any event, only those moneys duly appropriated by the Legislature for the purposes of grants to or reimbursements of or disbursements to the local mental health boards may be lawfully distributed to such boards by the officers of the state. Also see s. 394.76 (3), F. S., and s. 394.76 (3), F....
...Section 16 of Ch. 76-221, Laws of Florida, provides that the effective date of this act shall be July 1, 1976, except that ss. 3, 4, and 5 and the amendments to s.
394.67 (1), F. S., contained in s. 2 shall take effect January 1, 1977, and the amendment to s.
394.76 (6), F....
...11, dealing with claims for state reimbursement under a purchase of service approach, shall take effect July 1, 1977. Therefore, the 25 percent mandatory participation requirement, in the sense of the effective or operative date of the statute, set forth in s. 394.76 (9), F. S. (s. 11, Ch. 76-221), took effect on July 1, 1976, the effective date of the act, since subsection (9) of s. 394.76 is not excepted from the general operative or effective date of the statute. Undoubtedly, s. 394.76 (9), F....
...(1976 Supp.), operates to require the governing bodies within a district or subdistrict to participate in the funding of mental health services within their jurisdiction in an amount not less than 25 percent of the net balance of the total budget, as determined in s.
394.76 (4), i.e., by deducting from the total operating cost of the services and programs authorized and delineated in s.
394.75 (3), F. S., those expenditures, grants, fees, and payments enumerated in s.
394.76 (4)(a), F. S. (1976 Supp.). AS TO QUESTION 3: With respect to the funding and staffing of district mental health board personnel, s.
394.76 (7), F....
...394.73 (2), F. S. 1975, and, in certain circumstances and upon certain conditions, any county may withdraw from such joint programs. Section
394.73 (4), F. S. (1976 Supp.). The district plan of the board, when approved, and the board's budget, see s.
394.76 (4)(c), F. S. (1976 Supp.), includes expenditures for approved salaries of personnel pursuant to s.
394.76 (7), F. S. (1976 Supp.), and expenditures for capital improvements pursuant to s.
394.76 (8), F....
...d or leased by state agencies. Section
255.254 , F. S., provides in part that "[n]o state agency shall lease, construct, or have constructed . . . a facility without having secured from the division a proper evaluation of life-cycle costs." However, s.
394.76 (7) and (8), F. S. (1976 Supp.), provides for authorized expenditures of the several district mental health boards and for the reimbursement thereof to the boards by the state upon the approval of such expenditures by the district administrator. Cf. s.
394.76 (7) and (8), F. S. 1975. Section
394.76 (8), F....
...hase of facilities owned by a county, city, or other governmental agency of the state or a nonprofit entity. Such expenditures shall be subject to the provisions of subsections (4) and (6) above. (Emphasis supplied.) From the operative provisions of s. 394.76 (8), supra, it is apparent that the Legislature did not intend for district mental health boards to be subject to the life-cycle cost analysis provisions of ss....
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
...Angeliadis: On behalf of the Board of County Commissioners of Sumter County, you request a legal opinion on substantially the following questions: 1. What is the formula, and source of data represented therein, utilized to calculate the county's portion of "local matching funds" required by section 394.76 , Florida Statutes? 2. Are "in-kind" contributions by the county considered in determining the county's contribution pursuant to section 394.76 , Florida Statutes? 3....
...May "in-kind" contributions be used to offset the county's matching funds obligation? 6. Who is required to establish the level, source, or availability of other local matching funds when there is a dispute as to the level of funding to be provided by the county? In sum: 1. Section
394.76 (3)(b), Florida Statutes, requires local participation on a 75-to-25 percent state-to-local ratio of funding for all contracted community alcohol and mental health services, except those programs specifically identified in the statute and those specified in section
394.457 (3), Florida Statutes....
...Additionally, the county wishes to participate in the planning, evaluation, auditing, and implementation of the programs for which it provides funding. Questions One and Six Part IV of Chapter 394 , Florida Statutes, is "The Community Substance Abuse and Mental Health Services Act" (act). 1 Section 394.76 , Florida Statutes, addresses the financing of district programs and services under the act and specifies the means to determine the local match funding level, if such level is not provided in the General Appropriations Act or the substantive bill implementing the General Appropriations Act. Section 394.76 (9)(a), Florida Statutes, states: "State funds for community alcohol and mental health services shall be matched by local matching funds as provided in paragraph (3)(b)....
...10 If the district board and the district administrator are unable to agree on the plan, including the projected budget, the disputed issues are to be submitted directly to the department's secretary for immediate resolution. 11 Questions Two and Five While section 394.76 , Florida Statutes, does not specifically address "in-kind" contributions in relation to local match funds, Chapter 65E, Florida Administrative Code, administrative rules promulgated to implement operation of the statute, provide assis...
...g funds and DCF's acknowledgment that "in-kind" contributions may be used to meet matching funds requirements, it would appear that the county may use its "in-kind" contributions in meeting its share of local matching funds. Questions Three and Four Section 394.76 (10), Florida Statutes, authorizes a local governing body to appropriate moneys, in lump sum or otherwise, from public funds for the purpose of carrying out the provisions of "The Community Substance Abuse and Mental Health Services Ac...
...ith DCF in further evaluating the performance and financial sources of mental health and substance abuse providers within your county. 16 Sincerely, Pam Bondi Attorney General PB/tals 1 Section
394.65 , Fla. Stat. 2 Section
394.67 (13), Fla. Stat. 3 Section
394.76 (3)(b), Fla....
...ervices and facilities in order to carry out its responsibilities under the "Florida Mental Health Act," with, among other entities, "counties, municipalities, and any other governmental unit, including facilities of the United States Government." 5 Section 394.76 (3)(b), Fla....
...C., making "[c]osts or third-party funds and in-kind contributions that are used to satisfy a matching requirement of another State contract or Federal grant" unallowable for matching. 13 Rule 65E-14.017(4)(j)2., Fla. Admin. C. 14 Section
394.65 , Fla. Stat., providing the title to Part IV of Ch. 394. 15 Cf. s.
394.76 (5), Fla....
