Florida Senate - 2011                             CS for SB 1412
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Storms
       
       
       
       586-02449-11                                          20111412c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Children and
    3         Family Services; amending s. 20.04, F.S.; changing the
    4         name of the department to the Department of Children
    5         and Families; authorizing the department to establish
    6         circuits and regions headed by circuit administrators
    7         and regional directors; amending s. 20.19, F.S.;
    8         revising provisions relating to the establishment of
    9         the department; providing for operating units known as
   10         circuits and regions based on judicial circuits;
   11         deleting provisions relating to the program directors
   12         for mental health and substance abuse, the service
   13         districts, the membership of community alliances, and
   14         the prototype region; amending ss. 20.43, 39.01, and
   15         394.78, F.S.; conforming cross-references; repealing
   16         s. 402.35, F.S., relating to the application of
   17         Department of Management Services’ rules; amending s.
   18         420.622, F.S.; deleting the requirement for the
   19         Governor to appoint an executive director to the State
   20         Office on Homelessness; providing for legislation to
   21         conform the Florida Statutes to changes made by the
   22         act; providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (4) of section 20.04, Florida
   27  Statutes, is amended to read:
   28         20.04 Structure of executive branch.—The executive branch
   29  of state government is structured as follows:
   30         (4) Within the Department of Children and Families Family
   31  Services there are organizational units called “program
   32  offices,” headed by program directors, and geographical units
   33  called “circuits” and “regions,” headed by circuit
   34  administrators and regional directors, respectively.
   35         Section 2. Section 20.19, Florida Statutes, is amended to
   36  read:
   37         (Substantial rewording of section. See
   38         s. 20.19, F.S., for present text.)
   39         20.19Department of Children and Families.—There is created
   40  a Department of Children and Families.
   41         (1)SECRETARY OF CHILDREN AND FAMILIES.—
   42         (a)The head of the department is the Secretary of Children
   43  and Families. The Governor shall appoint the secretary, who is
   44  subject to confirmation by the Senate. The secretary serves at
   45  the pleasure of the Governor.
   46         (b)The secretary is responsible for planning,
   47  coordinating, and managing the delivery of all services that are
   48  the responsibility of the department.
   49         (c)The secretary shall appoint a deputy secretary who
   50  shall act in the absence of the secretary. The deputy secretary
   51  is directly responsible to the secretary, performs such duties
   52  as are assigned by the secretary, and serves at the pleasure of
   53  the secretary.
   54         (d)The secretary may establish assistant secretary
   55  positions as necessary to administer the requirements of this
   56  section and, at a minimum, shall establish an Assistant
   57  Secretary for Substance Abuse and Mental Health. All persons
   58  appointed to such positions serve at the pleasure of the
   59  secretary.
   60         (2)SERVICES PROVIDED.—
   61         (a)The department may establish program offices, each of
   62  which shall be headed by a program director who shall be
   63  appointed by and serve at the pleasure of the secretary.
   64         (b)The following program offices shall be established:
   65         1.Adult protection.
   66         2.Child care.
   67         3.Domestic violence.
   68         4.Economic self-sufficiency.
   69         5.Family safety.
   70         6. Homelessness.
   71         7.Mental health.
   72         8.Refugee services.
   73         9.Substance abuse.
   74         (c)Program offices may be consolidated, restructured, or
   75  rearranged by the secretary, in consultation with the Executive
   76  Office of the Governor, if such consolidation, restructuring, or
   77  rearranging supports the functions and activities and achieves
   78  the outcomes required by state and federal laws and rules. The
   79  secretary may appoint additional program directors as necessary
   80  for the effective management of program services provided by the
   81  department.
   82         (3)OPERATING UNITS.—
   83         (a)The department shall plan and administer its program
   84  services through operating units that conform to the geographic
   85  boundaries of the judicial circuits established in s. 26.021.
   86  The department may also establish regional divisions consisting
   87  of one or more judicial circuit operating units.
   88         (b)The secretary may appoint a circuit administrator for
   89  each circuit and a regional director for each region who shall
   90  serve at the pleasure of the secretary and perform such duties
   91  as are assigned by the secretary.
   92         (4)COMMUNITY ALLIANCES AND PARTNERSHIPS AUTHORIZED.—The
   93  department may, in consultation with local communities,
   94  establish a community alliance and other community partnerships
   95  consisting of stakeholders, community leaders, client
   96  representatives, and those who fund human services in each
   97  judicial circuit to provide a focal point for community
   98  participation and governance of community-based services. The
   99  membership of the community alliance and partnerships must
  100  represent the diversity of the community. The secretary may also
  101  establish advisory groups at the state level as necessary to
  102  ensure and enhance communication and serve as a liaison with
  103  stakeholders, community leaders, and client representatives.
  104         (a)The duties of a community alliance and partnership may
  105  include, but are not limited to:
  106         1.Joint planning for resource use in the community,
  107  including resources appropriated to the department, and any
  108  funds that local funding sources choose to provide.
  109         2.Needs assessment and establishment of community
  110  priorities for service delivery.
  111         3.Determining community outcome goals to supplement state
  112  required outcomes.
  113         4.Serving as a catalyst for community resource
  114  development.
  115         5.Providing for community education and advocacy on issues
  116  related to service delivery.
  117         6.Promoting prevention and early intervention services.
  118         (b)If community alliances and partnerships are
  119  established, the department must ensure, to the greatest extent
  120  possible, that the formation of each community alliance and
  121  partnership builds on the strengths of the existing community
  122  human services infrastructure.
  123         (c)Members of the community alliances, partnerships, and
  124  advisory groups shall serve without compensation, but are
  125  entitled to reimbursement for per diem and travel expenses as
  126  provided in s. 112.061. Payment may also be authorized for
  127  preapproved child care expenses or lost wages for members who
  128  are consumers of services provided by the department, and for
  129  preapproved child care expenses for other members who
  130  demonstrate hardship.
  131         (d)Members of community alliances, partnerships, and
  132  advisory groups are subject to part III of chapter 112, the code
  133  of ethics for public officers and employees.
  134         (e)Actions taken by community alliances, partnerships, and
  135  advisory groups must be consistent with department policy and
  136  state and federal laws and rules.
  137         (f)Alliance, partnership, and advisory group members must
  138  annually submit a disclosure statement of any interest in
  139  services provided by the department to the department’s
  140  inspector general. Any member who has an interest in a matter
  141  under consideration by the alliance or partnership must abstain
  142  from voting on that matter.
  143         (g)All alliance, partnership, and advisory group meetings
  144  are open to the public pursuant to s. 286.011 and are subject to
  145  the public-records provisions of s. 119.07(1).
  146         (5) CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.—It is
  147  the intent of the Legislature that, if county governments are
  148  required by law to participate in funding specified programs,
  149  the department shall consult with designated representatives of
  150  such governments when developing policies and service delivery
  151  plans for those programs.
  152         (6) BUDGET PROJECTIONS.—Each fiscal year the secretary
  153  shall, in consultation with the relevant employee
  154  representatives, develop projections of the number of child
  155  abuse and neglect cases and shall include in the department’s
  156  legislative budget request a specific appropriation for funds
  157  and positions for the next fiscal year in order to provide an
  158  adequate number of full-time equivalent:
  159         (a) Child protection investigation workers so that
  160  caseloads do not exceed the Child Welfare League Standards by
  161  more than two cases; and
  162         (b) Child protection case workers so that caseloads do not
  163  exceed the Child Welfare League Standards by more than two
  164  cases.
  165         Section 3. Subsection (5) of section 20.43, Florida
  166  Statutes, is amended to read:
  167         20.43 Department of Health.—There is created a Department
  168  of Health.
  169         (5) The department shall plan and administer its public
  170  health programs through its county health departments and may,
  171  for administrative purposes and efficient service delivery,
  172  establish up to 15 service areas to carry out such duties as may
  173  be prescribed by the State Surgeon General. The boundaries of
  174  the service areas shall be the same as, or combinations of, the
  175  service districts of the Department of Children and Family
  176  Services established in s. 20.19 and, to the extent practicable,
  177  shall take into consideration the boundaries of the jobs and
  178  education regional boards.
  179         Section 4. Subsection (27) of section 39.01, Florida
  180  Statutes, is amended to read:
  181         39.01 Definitions.—When used in this chapter, unless the
  182  context otherwise requires:
  183         (27) “District administrator” means the chief operating
  184  officer of each service district of the department as defined in
  185  s. 20.19(5) and, where appropriate, includes any district
  186  administrator whose service district falls within the boundaries
  187  of a judicial circuit.
  188         Section 5. Subsection (5) of section 394.78, Florida
  189  Statutes, is amended to read:
  190         394.78 Operation and administration; personnel standards;
  191  procedures for audit and monitoring of service providers;
  192  resolution of disputes.—
  193         (5)In unresolved disputes regarding this part or rules
  194  established pursuant to this part, providers and district health
  195  and human services boards shall adhere to formal procedures
  196  specified under s. 20.19(8)(n).
  197         Section 6. Section 402.35, Florida Statutes, is repealed.
  198         Section 7. Subsection (1) of section 420.622, Florida
  199  Statutes, is amended to read:
  200         420.622 State Office on Homelessness; Council on
  201  Homelessness.—
  202         (1) The State Office on Homelessness is created within the
  203  Department of Children and Families Family Services to provide
  204  interagency, council, and other related coordination on issues
  205  relating to homelessness. An executive director of the office
  206  shall be appointed by the Governor.
  207         Section 8. During the 2012 regular legislative session, the
  208  Legislature shall adopt legislation to conform the Florida
  209  Statutes to the provisions of this act.
  210         Section 9. This act shall take effect upon becoming a law.