House Bill 2125

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    Florida House of Representatives - 2000                HB 2125

        By the Committee on Children & Families and Representative
    Murman





  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; amending s. 20.04, F.S.;

  4         providing for program offices to be headed by

  5         program directors rather than assistant

  6         secretaries; amending s. 20.19, F.S.; revising

  7         mission and purpose of the department;

  8         providing duties and responsibilities of the

  9         secretary, deputy secretary, and program

10         directors; providing for program offices and

11         support offices; providing for local services,

12         service districts, district administrators, and

13         community alliances; providing certain budget

14         transfer authority; providing for operation of

15         a prototype region; providing for contracts

16         with lead agencies; providing for consultation

17         with counties on mandated programs; requiring a

18         report; amending s. 39.3065, F.S.; providing

19         for the sheriff in any county to provide child

20         protective investigative services; requiring

21         individuals providing such services to complete

22         protective investigation training; providing

23         for funding; providing for performance

24         evaluation; requiring annual reports to the

25         department; providing for program performance

26         evaluation; amending ss. 393.502 and 393.503,

27         F.S.; providing for appointment of family care

28         councils by the Governor; deleting references

29         to health and human services boards; creating

30         s. 402.73, F.S.; providing contracting and

31         performance standards for contracted client

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  1         services; providing conditions for competitive

  2         procurement; providing for procurement and

  3         contract for services that involve multiple

  4         providers; providing requirements relating to

  5         matching contributions; providing for

  6         independent contract for assessment and case

  7         management services; providing for penalties;

  8         requiring certain notice; providing for

  9         standards of conduct and disciplinary actions

10         with respect to department employees carrying

11         out contracting responsibilities; providing

12         requirements relating to the developmental

13         services Medicaid waiver service system;

14         requiring a report; providing for cancellation

15         of provider contracts; restricting new

16         contracts with canceled providers; providing

17         for liens against facility properties;

18         providing for performance-based incentives;

19         creating s. 402.731, F.S.; authorizing

20         certification programs for department employees

21         and service providers; providing rulemaking

22         authority; requiring employment programs for

23         staff to facilitate transition to privatized

24         community-based care; requiring contracts for

25         outpatient services; authorizing certain

26         time-limited exempt positions; amending s.

27         409.1671, F.S., relating to foster care and

28         related services; deleting provisions relating

29         to a statewide privatization plan; deleting

30         requirement that excess earnings be distributed

31         to all entities contributing to the excess;

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  1         providing for the designation of more than one

  2         eligible lead community-based provider within a

  3         single county under certain circumstances;

  4         providing the establishment of a risk pool to

  5         reduce financial risk to community-based

  6         providers; providing for any excess earnings to

  7         be distributed to all entities contributing to

  8         the excess; creating s. 409.1675, F.S.;

  9         providing conditions and procedures for placing

10         a lead community-based provider in

11         receivership; providing for notice and hearing;

12         providing powers and duties of a receiver;

13         providing for compensation; providing

14         liability; requiring a receiver to post a bond

15         under certain circumstances; providing for

16         termination of receivership; amending ss.

17         20.43, 39.001, 39.0015, 39.01, 39.201, 39.302,

18         216.136, 381.0072, 383.14, 393.064, 393.13,

19         394.462, 394.4674, 394.67, 394.75, 397.311,

20         397.321, 397.821, 397.901, 400.435, 402.17,

21         402.3015, 402.40, 402.47, 409.152, 409.1673,

22         410.0245, 411.01, 411.223, 411.224, 414.028,

23         414.105, 414.36, 916.107, 985.223, and 985.413,

24         F.S.; providing changes to conform with the

25         provisions of the act; repealing s. 402.185(2),

26         F.S., relating to funding for staff of the

27         Office of Standards and Evaluation of the

28         department; repealing s. 409.152(6), F.S.,

29         relating to designation of family preservation

30         programs by the health and human services

31         boards; providing a directive to the statute

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  1         editors to conform terminology; providing an

  2         effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Subsection (4) of section 20.04, Florida

  7  Statutes, is amended to read:

  8         20.04  Structure of executive branch.--The executive

  9  branch of state government is structured as follows:

10         (4)  Within the Department of Children and Family

11  Services there are organizational units called "program

12  offices," headed by program directors assistant secretaries.

13         Section 2.  Section 20.19, Florida Statutes, is amended

14  to read:

15         (Substantial rewording of section. See

16         s. 20.19, F.S., for present text.)

17         20.19  Department of Children and Families.--There is

18  created a Department of Children and Family Services.

19         (1)  MISSION AND PURPOSE.--

20         (a)  The mission of the Department of Children and

21  Family Services is to work in partnership with local

22  communities to ensure the safety, well being, and

23  self-sufficiency of the people served.

24         (b)  The department shall develop a strategic plan for

25  fulfilling its mission and establish a set of measurable

26  goals, objectives, performance standards, and quality

27  assurance requirements to ensure that the department is

28  accountable to the people of Florida.

29         (c)  To the extent allowed by law and within specific

30  appropriations, the department shall deliver services by

31  contract through private providers.

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  1         (2)  SECRETARY OF CHILDREN AND FAMILY SERVICES; DEPUTY

  2  SECRETARY.--

  3         (a)  The head of the department is the Secretary of

  4  Children and Family Services. The secretary is appointed by

  5  the Governor, subject to confirmation by the Senate. The

  6  secretary serves at the pleasure of the Governor.

  7         (b)  The secretary shall appoint a deputy secretary who

  8  shall act in the absence of the secretary. The deputy

  9  secretary is directly responsible to the secretary, performs

10  such duties as are assigned by the secretary, and serves at

11  the pleasure of the secretary.

12         (c)  The secretary has the authority and responsibility

13  to ensure that the mission of the department is fulfilled in

14  accordance with state and federal laws, rules, and

15  regulations.

16         (3)  PROGRAM DIRECTORS.--The secretary shall appoint

17  program directors who serve at the pleasure of the secretary.

18  The secretary may delegate to the program directors

19  responsibilities for the management, policy, program, and

20  fiscal functions of the department.

21         (4)  PROGRAM OFFICES AND SUPPORT OFFICES.--

22         (a)  The department is authorized to establish program

23  offices and support offices, each of which shall be headed by

24  a director or other management position who shall be appointed

25  by and serves at the pleasure of the secretary.

26         (b)  The following program offices are established:

27         1.  Adult Services.

28         2.  Child Care Services.

29         3.  Developmental Disabilities.

30         4.  Economic Self-Sufficiency Services.

31         5.  Family Safety.

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  1         6.  Mental Health.

  2         7.  Refugee Services.

  3         8.  Substance Abuse.

  4         (c)  Program offices and support offices may be

  5  consolidated, restructured, or rearranged by the secretary, in

  6  consultation with the Executive Office of the Governor,

  7  provided any such consolidation, restructuring, or rearranging

  8  is capable of meeting functions and activities and achieving

  9  outcomes as delineated in state and federal laws, rules, and

10  regulations. The secretary may appoint additional managers and

11  administrators as he or she determines are necessary for the

12  effective management of the department.

13         (5)  SERVICE DISTRICTS.--

14         (a)  The department shall plan and administer its

15  programs of family services through service districts and

16  subdistricts composed of the following counties:

17         1.  District 1.--Escambia, Santa Rosa, Okaloosa, and

18  Walton Counties.

19         2.  District 2, Subdistrict A.--Holmes, Washington,

20  Bay, Jackson, Calhoun, and Gulf Counties.

21         3.  District 2, Subdistrict B.--Gadsden, Liberty,

22  Franklin, Leon, Wakulla, Jefferson, Madison, and Taylor

23  Counties.

24         4.  District 3.--Hamilton, Suwannee, Lafayette, Dixie,

25  Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and

26  Alachua Counties.

27         5.  District 4.--Baker, Nassau, Duval, Clay, and St.

28  Johns Counties.

29         6.  District 5.--Pasco and Pinellas Counties.

30         7.  District 6.--Hillsborough and Manatee Counties.

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  1         8.  District 7, Subdistrict A.--Seminole, Orange, and

  2  Osceola Counties.

  3         9.  District 7, Subdistrict B.--Brevard County.

  4         10.  District 8, Subdistrict A.--Sarasota and DeSoto

  5  Counties.

  6         11.  District 8, Subdistrict B.--Charlotte, Lee,

  7  Glades, Hendry, and Collier Counties.

  8         12.  District 9.--Palm Beach County.

  9         13.  District 10.--Broward County.

10         14.  District 11, Subdistrict A.--Miami-Dade County.

11         15.  District 11, Subdistrict B.--Monroe County.

12         16.  District 12.--Flagler and Volusia Counties.

13         17.  District 13.--Marion, Citrus, Hernando, Sumter,

14  and Lake Counties.

15         18.  District 14.--Polk, Hardee, and Highlands

16  Counties.

17         19.  District 15.--Indian River, Okeechobee, St. Lucie,

18  and Martin Counties.

19         (b)  The secretary shall appoint a district

20  administrator for each of the service districts.  The district

21  administrator shall serve at the pleasure of the secretary and

22  shall perform such duties as assigned by the secretary.

23  Subject to the approval of the secretary, such duties shall

24  include transferring up to 10 percent of the total district

25  budget, the provisions of ss. 216.292 and 216.351

26  notwithstanding.

27         (6)  COMMUNITY ALLIANCES.--

28         (a)  The department shall, in consultation with local

29  communities, establish a community alliance of the

30  stakeholders, community leaders, client representatives and

31  funders of human services in each county to provide a focal

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  1  point for community participation and governance of

  2  community-based services.  An alliance may cover more than one

  3  county when such arrangement is determined to provide for more

  4  effective representation.  The community alliance shall

  5  represent the diversity of the community.

  6         (b)  The duties of the community alliance shall

  7  include, but not necessarily be limited to:

  8         1.  Joint planning for resource utilization in the

  9  community, including resources appropriated to the department

10  and any funds that local funding sources choose to provide.

11         2.  Needs assessment and establishment of community

12  priorities for service delivery.

13         3.  Determining community outcome goals to supplement

14  state-required outcomes.

15         4.  Serving as a catalyst for community resource

16  development.

17         5.  Providing for community education and advocacy on

18  issues related to delivery of services.

19         6.  Promoting prevention and early intervention

20  services.

21         (c)  The department shall ensure, to the greatest

22  extent possible, that the formation of each community alliance

23  builds on the strengths of the existing community human

24  services infrastructure.

25         (d)  The initial membership of the community alliance

26  in a county shall be composed of the following:

27         1.  The district administrator.

28         2.  A representative from county government.

29         3.  A representative from the school district.

30         4.  A representative from the county United Way.

31         5.  A representative from the county sheriff's office.

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  1         6.  A representative from the circuit court

  2  corresponding to the county.

  3         7.  A representative from the county children's board,

  4  if one exists.

  5         (e)  At any time after the initial meeting of the

  6  community alliance, the community alliance shall adopt bylaws

  7  and may increase the membership of the alliance to include

  8  individuals and organizations who represent funding

  9  organizations, are community leaders, have knowledge of

10  community-based service issues, or otherwise represent

11  perspectives that will enable them to accomplish the duties

12  listed in paragraph (b), if in the judgment of the alliance,

13  such change is necessary to adequately represent the diversity

14  of the population within the community alliance service

15  districts.

16         (f)  Members of the community alliances shall serve

17  without compensation, but are entitled to receive

18  reimbursement for per diem and travel expenses, as provided in

19  s. 112.061. Payment may also be authorized for preapproved

20  child care expenses or lost wages for members who are

21  consumers of the department's services and for preapproved

22  child care expenses for other members who demonstrate

23  hardship. 

24         (g)  Members of a community alliance are subject to the

25  provisions of part III of chapter 112, the Code of Ethics for

26  Public Officers and Employees.

27         (h)  Actions taken by a community alliance must be

28  consistent with department policy and state and federal laws,

29  rules, and regulations.

30         (i)  Alliance members shall annually submit a

31  disclosure statement of services interests to the department's

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  1  inspector general. Any member who has an interest in a matter

  2  under consideration by the alliance must abstain from voting

  3  on that matter.

  4         (j)  All alliance meetings are open to the public

  5  pursuant to s. 286.011 and the public records provision of s.

  6  119.07(1).

  7         (7)  PROTOTYPE REGION.--

  8         (a)  Notwithstanding the provisions of this section,

  9  the department may consolidate the management and

10  administrative structure or function of the geographic area

11  that includes the counties in the sixth, twelfth, and

12  thirteenth judicial circuits as defined in s. 26.021.  The

13  department shall evaluate the efficiency and effectiveness of

14  the operation of the prototype region and upon a determination

15  that there has been a demonstrated improvement in management

16  and oversight of services or cost savings from more efficient

17  administration of services, the secretary may consolidate

18  management and administration of additional areas of the

19  state.  Any such additional consolidation shall comply with

20  the provisions of subsection (5) unless legislative

21  authorization to the contrary is provided.

22         (b)  Within the prototype region, the budget transfer

23  authority defined in paragraph (5)(b) shall apply to the

24  consolidated geographic area.

25         (c)  The department is authorized to contract for

26  services with a lead agency in each county of the prototype

27  area, except that the lead agency contract may cover more than

28  one county when it is determined that such coverage will

29  provide more effective or efficient services. The duties of

30  the lead agency shall include, but not necessarily be limited

31  to:

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  1         1.  Directing and coordinating the program and services

  2  within the scope if its contract.

  3         2.  Contracting for the provision of core services,

  4  including intake and eligibility, assessment, service

  5  planning, and case management. However, a lead agency may

  6  obtain approval from the department to provide core services,

  7  including intake and eligibility, assessment, service

  8  planning, and case management, upon a finding by the

  9  department that such lead agency is the only organization

10  within the service district capable of providing such service

11  or services within the department's quality assurance and

12  performance standards.

13         3.  Creating a service provider network capable of

14  delivering the services contained in client service plans,

15  which shall include identifying the necessary services, the

16  necessary volume of services, and possible utilization

17  patterns and negotiating rates and expectations with

18  providers.

19         4.  Managing and monitoring of provider contracts and

20  subcontracts.

21         5.  Developing and implementing an effective bill

22  payment mechanism to ensure all providers are paid in a timely

23  fashion.

24         6.  Providing or arranging for administrative services

25  necessary to support service delivery.

26         7.  Utilizing departmentally approved training and

27  meeting departmentally defined credentials and standards.

28         8.  Providing for performance measurement in accordance

29  with the department's quality assurance program and providing

30  for quality improvement and performance measurement.

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  1         9.  Developing and maintaining effective interagency

  2  collaboration to optimize service delivery.

  3         10.  Ensuring that all federal and state reporting

  4  requirements are met.

  5         11.  Operating a consumer complaint and grievance

  6  process.

  7         12.  Ensuring that services are coordinated and not

  8  duplicated with other major payers, such as the local schools

  9  and Medicaid.

10         13.  Any other duties or responsibilities defined in s.

11  409.1671 related to community-based care.

12         (8)  CONSULTATION WITH COUNTIES ON MANDATED

13  PROGRAMS.--It is the intent of the Legislature that when

14  county governments are required by law to participate in the

15  funding of programs, the department shall consult with

16  designated representatives of county governments in developing

17  policies and service delivery plans for those programs.

18         (9)  PROCUREMENT OF HEALTH SERVICES.--Nothing contained

19  in chapter 287 shall require competitive bids for health

20  services involving examination, diagnosis, or treatment.

21         Section 3.  The Department of Children and Family

22  Services shall report to the Speaker of the House of

23  Representatives and the President of the Senate by February 1,

24  2001, on the status of implementation of the prototype region

25  established pursuant to s. 20.19(7), Florida Statutes.

26         Section 4.  Section 39.3065, Florida Statutes, is

27  amended to read:

28         39.3065  Sheriffs of Pasco, Manatee, and Pinellas

29  Counties to provide child protective investigative services;

30  procedures; funding.--

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  1         (1)  As described in this section, the Department of

  2  Children and Family Services shall, by the end of fiscal year

  3  1999-2000, transfer all responsibility for child protective

  4  investigations for Pinellas County, Manatee County, Broward

  5  County, and Pasco County to the sheriff of that county in

  6  which the child abuse, neglect, or abandonment is alleged to

  7  have occurred. Each sheriff is responsible for the provision

  8  of all child protective investigations in his or her county.

  9  Each individual who provides these services must complete the

10  training provided to and required of protective investigators

11  employed by the Department of Children and Family Services.

12         (2)  During fiscal year 1998-1999, the Department of

13  Children and Family Services and each sheriff's office shall

14  enter into a contract for the provision of these services.

15  Funding for the services will be appropriated to the

16  Department of Children and Family Services, and the department

17  shall transfer to the respective sheriffs for the duration of

18  fiscal year 1998-1999, funding for the investigative

19  responsibilities assumed by the sheriffs, including federal

20  funds that the provider is eligible for and agrees to earn and

21  that portion of general revenue funds which is currently

22  associated with the services that are being furnished under

23  contract, and including, but not limited to, funding for all

24  investigative, supervisory, and clerical positions; training;

25  all associated equipment; furnishings; and other fixed capital

26  items. The contract must specify whether the department will

27  continue to perform part or none of the child protective

28  investigations during the initial year. The sheriffs may

29  either conduct the investigations themselves or may, in turn,

30  subcontract with law enforcement officials or with properly

31  trained employees of private agencies to conduct

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  1  investigations related to neglect cases only. If such a

  2  subcontract is awarded, the sheriff must take full

  3  responsibility for any safety decision made by the

  4  subcontractor and must immediately respond with law

  5  enforcement staff to any situation that requires removal of a

  6  child due to a condition that poses an immediate threat to the

  7  child's life. The contract must specify whether the services

  8  are to be performed by departmental employees or by persons

  9  determined by the sheriff. During this initial year, the

10  department is responsible for quality assurance, and the

11  department retains the responsibility for the performance of

12  all child protective investigations. The department must

13  identify any barriers to transferring the entire

14  responsibility for child protective services to the sheriffs'

15  offices and must pursue avenues for removing any such barriers

16  by means including, but not limited to, applying for federal

17  waivers. By January 15, 1999, the department shall submit to

18  the President of the Senate, the Speaker of the House of

19  Representatives, and the chairs of the Senate and House

20  committees that oversee departmental activities a report that

21  describes any remaining barriers, including any that pertain

22  to funding and related administrative issues. Unless the

23  Legislature, on the basis of that report or other pertinent

24  information, acts to block a transfer of the entire

25  responsibility for child protective investigations to the

26  sheriffs' offices, the sheriffs of Pasco County, Manatee

27  County, Broward County, and Pinellas County, beginning in

28  fiscal year 1999-2000, shall assume the entire responsibility

29  for such services, as provided in subsection (3).

30         (3)(a)  Beginning in fiscal year 1999-2000, the

31  sheriffs of Pasco County, Manatee County, Broward County, and

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  1  Pinellas County have the responsibility to provide all child

  2  protective investigations in their respective counties.

  3  Beginning in fiscal year 2000-2001, the Department of Children

  4  and Family Services is authorized to enter into grant

  5  agreements with sheriffs of other counties to perform child

  6  protective investigations in their respective counties.

  7         (b)  The sheriffs of Pasco County, Manatee County, and

  8  Pinellas County shall operate, at a minimum, in accordance

  9  with the performance standards and outcome measures

10  established by the Legislature for protective investigations

11  conducted by the Department of Children and Family Services.

12  Each individual who provides these services must complete, at

13  a minimum, the training provided to and required of protective

14  investigators employed by the Department of Children and

15  Family Services.

16         (c)  Funds for providing child protective

17  investigations in Pasco County, Manatee County, and Pinellas

18  County must be identified in the annual appropriation made to

19  the Department of Children and Family Services, which shall

20  award grants for the full amount identified to the respective

21  sheriffs' offices. Notwithstanding the provisions of ss.

22  216.181(15)(b) and 216.351, the Department of Children and

23  Family Services may advance payments to the sheriffs for child

24  protective investigations. Funds for the child protective

25  investigations may not be integrated into the sheriffs'

26  regular budgets. Budgetary data and other data relating to the

27  performance of child protective investigations must be

28  maintained separately from all other records of the sheriffs'

29  offices and reported annually to the Department of Children

30  and Family Services.

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  1         (d)  Program performance evaluation shall be based on

  2  criteria mutually agreed upon by the respective sheriffs and

  3  the Department of Children and Family Services. The program

  4  performance evaluation shall be conducted by a team of peer

  5  reviewers from the respective sheriffs' offices that perform

  6  child protective investigations and representatives from the

  7  department. a committee of seven persons appointed by the

  8  Governor and selected from those persons serving on the

  9  Department of Children and Family Services District 5 Health

10  and Human Services Board and District 6 Health and Human

11  Services Board.  Two of the Governor's appointees must be

12  residents of Pasco County, two of the Governor's appointees

13  must be residents of Manatee County, and two of the Governor's

14  appointees must be residents of Pinellas County. Such

15  appointees shall serve at the pleasure of the Governor. The

16  individuals appointed must have demonstrated experience in

17  outcome evaluation, social service areas of protective

18  investigation, or child welfare supervision. The Department of

19  Children and Family Services committee shall submit an annual

20  report regarding quality performance, outcome-measure

21  attainment, and cost efficiency to the President of the

22  Senate, the Speaker of the House of Representatives, and to

23  the Governor no later than January 31 of each year the

24  sheriffs are receiving general appropriations to provide child

25  protective investigations.

26         (4)  For the 1999-2000 fiscal year only, the Sheriff of

27  Broward County shall perform the same child protective

28  investigative services according to the same standards as are

29  performed by the sheriffs of Pinellas County, Manatee County,

30  and Pasco County under this section. This subsection expires

31  July 1, 2000.

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  1         Section 5.  Section 393.502, Florida Statutes, is

  2  amended to read:

  3         393.502  Family care councils.--

  4         (1)  CREATION; APPOINTMENT.--There shall be established

  5  and located within each service district of the Department of

  6  Children and Family Services a family care council. The

  7  council shall consist of 10 nine persons recommended pursuant

  8  to bylaws developed by the family care council and appointed

  9  by the Governor district health and human services board.

10  One-half of the members of the council must be consumers who

11  are family members or legal guardians of persons with

12  developmental disabilities. At least one-half of the members

13  of the council shall be current consumers of developmental

14  services. A chairperson for the council must be chosen by the

15  members to serve for 1 year. Members shall be appointed for a

16  2-year term and may be reappointed to not more than one

17  additional term. A person who is currently serving on another

18  board or council of the department may not be appointed to a

19  family care council.

20         (2)  MEETINGS; CONTINUED EXISTENCE.--Council members

21  shall serve on a voluntary basis without payment for their

22  services.  The council shall meet at least once a month.

23         (3)  PURPOSE.--The purpose of the family care councils

24  shall be to advise the health and human services boards of the

25  department, to develop a plan for the delivery of

26  developmental services family support within the district, and

27  to monitor the implementation and effectiveness of services

28  and support provided under the plan.  The primary functions of

29  the family care councils shall be to:

30         (a)  Assist in providing information and outreach to

31  families.

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  1         (b)  Review the effectiveness of developmental services

  2  programs and make recommendations with respect to program

  3  implementation.

  4         (c)  Advise district developmental services

  5  administrators with respect to policy issues relevant to the

  6  community and family support system in the district.

  7         (d)  Meet and share information with other district

  8  family care councils.

  9         Section 6.  Section 393.503, Florida Statutes, is

10  amended to read:

11         393.503  Respite and family care subsidy expenditures;

12  funding.--The Department of Children and Family Services shall

13  determine the amount of expenditures per fiscal year for the

14  respite and family care subsidy to families and individuals

15  with developmental disabilities living in their own homes.

16  This information shall be made available to the family care

17  councils and to others requesting the information.  The family

18  care councils shall review the expenditures and make

19  recommendations to the department health and human services

20  board with respect to any new funds that are made available

21  for family care.

22         Section 7.  Section 402.73, Florida Statutes, is

23  created to read:

24         402.73  Contracting and performance standards.--

25         (1)  The Department of Children and Family Services

26  shall establish performance standards for all contracted

27  client services. Notwithstanding s. 287.057(3)(f), the

28  department must competitively procure any contract for client

29  services when any of the following occurs:

30         (a)  The provider fails to meet appropriate performance

31  standards established by the department after the provider has

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  1  been given a reasonable opportunity to achieve the established

  2  standards.

  3         (b)  A new program or service has been authorized and

  4  funded by the Legislature and the annual value of the contract

  5  for such program or service is $300,000 or more.

  6         (c)  The department has concluded, after reviewing

  7  market prices and available treatment options, that there is

  8  evidence that the department can improve the performance

  9  outcomes produced by its contract resources. At a minimum, the

10  department shall review market prices and available treatment

11  options biennially. The department shall compile the results

12  of the biennial review and include the results in its annual

13  performance report to the Legislature pursuant to chapter

14  94-249, Laws of Florida. The department shall provide notice

15  and an opportunity for public comment on its review of market

16  prices and available treatment options.

17         (2)  The competitive requirements of subsection (1)

18  must be initiated for each contract that meets the criteria of

19  this subsection, unless the secretary makes a written

20  determination that particular facts and circumstances require

21  deferral of the competitive process. Facts and circumstances

22  must be specifically described for each individual contract

23  proposed for deferral and must include one or more of the

24  following:

25         (a)  An immediate threat to the health, safety, or

26  welfare of the department's clients.

27         (b)  A threat to appropriate use or disposition of

28  facilities that have been financed in whole, or in substantial

29  part, through contracts or agreements with a state agency.

30

31

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  1         (c)  A threat to the service infrastructure of a

  2  community which could endanger the well-being of the

  3  department's clients.

  4

  5  Competitive procurement of client services contracts that meet

  6  the criteria in subsection (1) may not be deferred for longer

  7  than 1 year.

  8         (3)  The Legislature intends that the department obtain

  9  services in the manner that is most cost-effective for the

10  state, that provides the greatest long-term benefits to the

11  clients receiving services, and that minimizes the disruption

12  of client services. In order to meet these legislative goals,

13  the department may adopt rules providing procedures for the

14  competitive procurement of contracted client services which

15  represent an alternative to the request-for-proposal or

16  invitation-to-bid process. The alternative competitive

17  procedures shall permit the department to solicit professional

18  qualifications from prospective providers and to evaluate such

19  statements of qualification before requesting service

20  proposals. The department may limit the firms invited to

21  submit service proposals to only those firms that have

22  demonstrated the highest level of professional capability to

23  provide the services under consideration, but may not invite

24  fewer than three firms to submit service proposals, unless

25  fewer than three firms submitted satisfactory statements of

26  qualification. The alternative procedures must, at a minimum,

27  allow the department to evaluate competing proposals and

28  select the proposal that provides the greatest benefit to the

29  state while considering the quality of the services,

30  dependability, and integrity of the provider, the

31  dependability of the provider's services, the experience of

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  1  the provider in serving target populations or client groups

  2  substantially identical to members of the target population

  3  for the contract in question, and the ability of the provider

  4  to secure local funds to support the delivery of services,

  5  including, but not limited to, funds derived from local

  6  governments. These alternative procedures need not conform to

  7  the requirements of s. 287.042 or s. 287.057(1) or (2).

  8         (4)  The department shall review the period for which

  9  it executes contracts and, to the greatest extent practicable,

10  shall execute multiyear contracts to make the most efficient

11  use of the resources devoted to contract processing and

12  execution.

13         (5)  When it is in the best interest of a defined

14  segment of its consumer population, the department may

15  competitively procure and contract for systems of treatment or

16  service that involve multiple providers, rather than procuring

17  and contracting for treatment or services separately from each

18  participating provider. The department must ensure that all

19  providers that participate in the treatment or service system

20  meet all applicable statutory, regulatory, service-quality,

21  and cost-control requirements. If other governmental entities

22  or units of special purpose government contribute matching

23  funds to the support of a given system of treatment or

24  service, the department shall formally request information

25  from those funding entities in the procurement process and may

26  take the information received into account in the selection

27  process. If a local government contributes match to support

28  the system of treatment or contracted service and if the match

29  constitutes at least 25 percent of the value of the contract,

30  the department shall afford the governmental match contributor

31  an opportunity to name an employee to the selection team

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  1  required by s. 287.057(15). Any employee so named shall

  2  qualify as one of the employees required by s. 287.057(15).

  3  The selection team shall include the named employee unless the

  4  department sets forth in writing the reason such inclusion

  5  would be contrary to the best interests of the state. No

  6  governmental entity or unit of special purpose government may

  7  name an employee to the selection team if it, or any of its

  8  political subdivisions, executive agencies, or special

  9  districts, intends to compete for the contract to be awarded.

10  The governmental funding entity or match contributor shall

11  comply with any deadlines and procurement procedures

12  established by the department. The department may also involve

13  nongovernmental funding entities in the procurement process

14  when appropriate.

15         (6)  The department may contract for or provide

16  assessment and case management services independently from

17  treatment services.

18         (7)  The department shall adopt, by rule, provisions

19  for including in its contracts incremental penalties to be

20  imposed by its contract managers on a service provider due to

21  the provider's failure to comply with a requirement for

22  corrective action. Any financial penalty that is imposed upon

23  a provider may not be paid from funds being used to provide

24  services to clients, and the provider may not reduce the

25  amount of services being delivered to clients as a method for

26  offsetting the impact of the penalty. If a financial penalty

27  is imposed upon a provider that is a corporation, the

28  department shall notify, at a minimum, the board of directors

29  of the corporation. The department may notify, at its

30  discretion, any additional parties that the department

31  believes may be helpful in obtaining the corrective action

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  1  that is being sought. Further, the rules adopted by the

  2  department must include provisions that permit the department

  3  to deduct the financial penalties from funds that would

  4  otherwise be due to the provider, not to exceed 10 percent of

  5  the amount that otherwise would be due to the provider for the

  6  period of noncompliance. If the department imposes a financial

  7  penalty, it shall advise the provider in writing of the cause

  8  for the penalty. A failure to include such deductions in a

  9  request for payment constitutes a ground for the department to

10  reject that request for payment. The remedies identified in

11  this subsection do not limit or restrict the department's

12  application of any other remedy available to it in the

13  contract or under law. The remedies described in this

14  subsection may be cumulative and may be assessed upon each

15  separate failure to comply with instructions from the

16  department to complete corrective action.

17         (8)  The department shall develop standards of conduct

18  and a range of disciplinary actions for its employees which

19  are specifically related to carrying out contracting

20  responsibilities.

21         (9)  The department must implement systems and controls

22  to ensure financial integrity and service provision quality in

23  the developmental services Medicaid waiver service system. The

24  Auditor General shall include specific reference to systems

25  and controls related to financial integrity in the

26  developmental services Medicaid waiver service system in his

27  or her audit of the department for each fiscal year.

28         (10)  If a provider fails to meet the performance

29  standards established in the contract, the department may

30  allow a reasonable period for the provider to correct

31  performance deficiencies. If performance deficiencies are not

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  1  resolved to the satisfaction of the department within the

  2  prescribed time, and if no extenuating circumstances can be

  3  documented by the provider to the department's satisfaction,

  4  the department must cancel the contract with the provider. The

  5  department may not enter into a new contract with that same

  6  provider for the services for which the contract was

  7  previously canceled for a period of at least 24 months after

  8  the date of cancellation. If an adult substance abuse services

  9  provider fails to meet the performance standards established

10  in the contract, the department may allow a reasonable period,

11  not to exceed 6 months, for the provider to correct

12  performance deficiencies. If the performance deficiencies are

13  not resolved to the satisfaction of the department within 6

14  months, the department must cancel the contract with the adult

15  substance abuse provider, unless there is no other qualified

16  provider in the service district.

17         (11)  The department shall include in its standard

18  contract document a requirement that it file a lien against

19  the property where facilities are located which have been

20  constructed or substantially renovated, in whole or in part,

21  through the use of state funds. However, the department is not

22  required to file a lien if the amount of state funds does not

23  exceed $25,000 or 10 percent of the contract amount, whichever

24  amount is less. The lien must be recorded in the county where

25  the property is located upon the execution of the contract

26  authorizing such construction or renovation. The lien must

27  specify that the department has a financial interest in the

28  property equal to the pro rata portion of the state's original

29  investment of the then-fair-market value for renovations, or

30  the proportionate share of the cost of the construction. The

31  lien must also specify that the department's interest is

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  1  proportionately reduced and subsequently vacated over a

  2  20-year period of depreciation. The contract must include a

  3  provision that, as a condition of receipt of state funding for

  4  this purpose, the provider agrees that, if it disposes of the

  5  property before the department's interest is vacated, the

  6  provider will refund the proportionate share of the state's

  7  initial investment, as adjusted by depreciation.

  8         (12)  The department shall develop and refine

  9  contracting and accountability methods that are

10  administratively efficient and that provide for optimal

11  provider performance.

12         (13)  The department may competitively procure any

13  contract when it deems it is in the best interest of the state

14  to do so. The requirements described in subsection (1) do not,

15  and may not be construed to, limit in any way the department's

16  ability to competitively procure any contract it executes, and

17  the absence of any or all of the criteria described in

18  subsection (1) may not be used as the basis for an

19  administrative or judicial protest of the department's

20  determination to conduct competition, make an award, or

21  execute any contract.

22         (14)  A contract may include cost-neutral,

23  performance-based incentives that may vary according to the

24  extent a provider achieves or surpasses the performance

25  standards set forth in the contract. Such incentives may be

26  weighted proportionally to reflect the extent to which the

27  provider has demonstrated that it has consistently met or

28  exceeded the contractual requirements and the department's

29  performance standards.

30

31

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  1         (15)  Nothing contained in chapter 287 shall require

  2  competitive bids for health services involving examination,

  3  diagnosis, or treatment.

  4         Section 8.  Section 402.731, Florida Statutes, is

  5  created to read:

  6         402.731  Department of Children and Family Services

  7  certification programs for employees and service providers;

  8  employment provisions for transition to community-based

  9  care.--

10         (1)  The Department of Children and Family Services is

11  authorized to create certification programs for its employees

12  and service providers to ensure that only qualified employees

13  and service providers provide client services. The department

14  is authorized to develop rules that include qualifications for

15  certification, including training and testing requirements,

16  continuing education requirements for ongoing certification,

17  and decertification procedures to be used to determine when an

18  individual no longer meets the qualifications for

19  certification and to implement the decertification of an

20  employee or agent.

21         (2)  The department shall develop and implement

22  employment programs to attract and retain competent staff to

23  support and facilitate the transition to privatized

24  community-based care. Such employment programs shall include

25  lump-sum bonuses, salary incentives, relocation allowances, or

26  severance pay. The department shall also contract for the

27  delivery or administration of outplacement services. The

28  department shall establish time-limited exempt positions as

29  provided in s. 110.205(2)(h), in accordance with the authority

30  provided in s. 216.262(1)(c)1. Employees appointed to fill

31

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  1  such exempt positions shall have the same salaries and

  2  benefits as career service employees.

  3         Section 9.  Paragraphs (a) and (b) of subsection (1),

  4  paragraph (c) of subsection (3), and paragraph (a) of

  5  subsection (4) of section 409.1671, Florida Statutes, are

  6  amended, present subsection (7) is renumbered as subsection

  7  (9), and new subsections (7) and (8) are added to said

  8  section, to read:

  9         409.1671  Foster care and related services;

10  privatization.--

11         (1)(a)  It is the intent of the Legislature that the

12  Department of Children and Family Services shall privatize the

13  provision of foster care and related services statewide. It is

14  further the Legislature's intent to encourage communities and

15  other stakeholders in the well-being of children to

16  participate in assuring that children are safe and

17  well-nurtured. However, while recognizing that some local

18  governments are presently funding portions of certain foster

19  care and related services programs and may choose to expand

20  such funding in the future, the Legislature does not intend by

21  its privatization of foster care and related services that any

22  county, municipality, or special district be required to

23  assist in funding programs that previously have been funded by

24  the state. Nothing in this paragraph prohibits any county,

25  municipality, or special district from future voluntary

26  funding participation in foster care and related services. As

27  used in this section, the term "privatize" means to contract

28  with competent, community-based agencies. The department shall

29  submit a plan to accomplish privatization statewide, through a

30  competitive process, phased in over a 3-year period beginning

31  January 1, 2000. This plan is to be submitted by July 1, 1999,

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  1  to the President of the Senate, the Speaker of the House of

  2  Representatives, the Governor, and the minority leaders of

  3  both houses. This plan must be developed with local community

  4  participation, including, but not limited to, input from

  5  community-based providers that are currently under contract

  6  with the department to furnish community-based foster care and

  7  related services, and must include a methodology for

  8  determining and transferring all available funds, including

  9  federal funds that the provider is eligible for and agrees to

10  earn and that portion of general revenue funds which is

11  currently associated with the services that are being

12  furnished under contract. Notwithstanding the provisions of s.

13  215.425, all documented federal funds earned for the current

14  fiscal year by the department and community-based agencies

15  which exceed the amount appropriated by the Legislature shall

16  be distributed to all entities that contributed to the excess

17  earnings based on a schedule and methodology developed by the

18  department and approved by the Executive Office of the

19  Governor. Distribution shall be pro rata based on total

20  earnings and shall be made only to those entities that

21  contributed to excess earnings. Excess earnings of

22  community-based agencies shall be used only in the district in

23  which they were earned. Additional state funds appropriated by

24  the Legislature for community-based agencies or made available

25  pursuant to the budgetary amendment process described in s.

26  216.177 shall be transferred to the community-based agencies.

27  The department shall amend a community-based agency's contract

28  to permit expenditure of the funds. The distribution program

29  applies only to entities that were under privatization

30  contracts as of July 1, 1999. This program is authorized for a

31  period of 3 years beginning July 1, 1999, and ending June 30,

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  1  2002. The Office of Program Policy Analysis and Government

  2  Accountability shall review this program and report to the

  3  Legislature by December 31, 2001. The review shall assess the

  4  program to determine how the additional resources were used,

  5  the number of additional clients served, the improvements in

  6  quality of service attained, the performance outcomes

  7  associated with the additional resources, and the feasibility

  8  of continuing or expanding this program. The methodology must

  9  provide for the transfer of funds appropriated and budgeted

10  for all services and programs that have been incorporated into

11  the project, including all management, capital (including

12  current furniture and equipment), and administrative funds to

13  accomplish the transfer of these programs. This methodology

14  must address expected workload and at least the 3 previous

15  years' experience in expenses and workload. With respect to

16  any district or portion of a district in which privatization

17  cannot be accomplished within the 3-year timeframe, the

18  department must clearly state in its plan the reasons the

19  timeframe cannot be met and the efforts that should be made to

20  remediate the obstacles, which may include alternatives to

21  total privatization, such as public-private partnerships. As

22  used in this section, the term "related services" means family

23  preservation, independent living, emergency shelter,

24  residential group care, foster care, therapeutic foster care,

25  intensive residential treatment, foster care supervision, case

26  management, postplacement supervision, permanent foster care,

27  and family reunification. Unless otherwise provided for,

28  beginning in fiscal year 1999-2000, either the state attorney

29  or the Office of the Attorney General shall provide child

30  welfare legal services, pursuant to chapter 39 and other

31  relevant provisions, in Sarasota, Pinellas, Pasco, Broward,

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  1  and Manatee Counties.  Such legal services shall commence and

  2  be effective, as soon as determined reasonably feasible by the

  3  respective state attorney or the Office of the Attorney

  4  General, after the privatization of associated programs and

  5  child protective investigations has occurred.  When a private

  6  nonprofit agency has received case management

  7  responsibilities, transferred from the state under this

  8  section, for a child who is sheltered or found to be dependent

  9  and who is assigned to the care of the privatization project,

10  the agency may act as the child's guardian for the purpose of

11  registering the child in school if a parent or guardian of the

12  child is unavailable and his or her whereabouts cannot

13  reasonably be ascertained. The private nonprofit agency may

14  also seek emergency medical attention for such a child, but

15  only if a parent or guardian of the child is unavailable, his

16  or her whereabouts cannot reasonably be ascertained, and a

17  court order for such emergency medical services cannot be

18  obtained because of the severity of the emergency or because

19  it is after normal working hours. However, the provider may

20  not consent to sterilization, abortion, or termination of life

21  support. If a child's parents' rights have been terminated,

22  the nonprofit agency shall act as guardian of the child in all

23  circumstances.

24         (b)  As used in this section, the term "eligible lead

25  community-based provider" means a single agency with which the

26  department shall contract for the provision of child

27  protective services in a community that is no smaller than a

28  county. The secretary of the department may authorize more

29  than one eligible lead community-based provider within a

30  single county when to do so will result in more effective

31

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  1  delivery of foster care and related services. To compete for a

  2  privatization project, such agency must have:

  3         1.  The ability to coordinate, integrate, and manage

  4  all child protective services in the designated community in

  5  cooperation with child protective investigations.

  6         2.  The ability to ensure continuity of care from entry

  7  to exit for all children referred from the protective

  8  investigation and court systems.

  9         3.  The ability to provide directly, or contract for

10  through a local network of providers, all necessary child

11  protective services.

12         4.  The willingness to accept accountability for

13  meeting the outcomes and performance standards related to

14  child protective services established by the Legislature and

15  the Federal Government.

16         5.  The capability and the willingness to serve all

17  children referred to it from the protective investigation and

18  court systems, regardless of the level of funding allocated to

19  the community by the state, provided all related funding is

20  transferred.

21         6.  The willingness to ensure that each individual who

22  provides child protective services completes the training

23  required of child protective service workers by the Department

24  of Children and Family Services.

25         (3)

26         (c)  The annual contract between the department and

27  community-based agencies must include provisions that specify

28  the procedures to be used by the parties to resolve

29  differences in interpreting the contract or to resolve

30  disputes as to the adequacy of the parties' compliance with

31  their respective obligations under the contract.

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  1         (4)(a)  The department shall establish a quality

  2  assurance program for privatized services. The quality

  3  assurance program shall be based on standards established may

  4  be performed by a national accrediting organization such as

  5  the Council on Accreditation of Services for Families and

  6  Children, Inc. (COA) or the Council on Accreditation of

  7  Rehabilitation Facilities (CARF). The department may shall

  8  develop a request for proposal for such oversight. This

  9  program must be developed and administered at a statewide

10  level. The Legislature intends that the department be

11  permitted to have limited flexibility to use funds for

12  improving quality assurance. To this end, effective January 1,

13  2000, the department may transfer up to 0.125 percent of the

14  total funds from categories used to pay for these

15  contractually provided services, but the total amount of such

16  transferred funds may not exceed $300,000 in any fiscal year.

17  When necessary, the department may establish, in accordance

18  with s. 216.177, additional positions that will be exclusively

19  devoted to these functions. Any positions required under this

20  paragraph may be established, notwithstanding ss.

21  216.262(1)(a) and 216.351. The department, in consultation

22  with the community-based agencies that are undertaking the

23  privatized projects, shall establish minimum thresholds for

24  each component of service, consistent with standards

25  established by the Legislature. Each program operated under

26  contract with a community-based agency must be evaluated

27  annually by the department. The department shall submit an

28  annual report regarding quality performance, outcome measure

29  attainment, and cost efficiency to the President of the

30  Senate, the Speaker of the House of Representatives, the

31  minority leader of each house of the Legislature, and the

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  1  Governor no later than January 31 of each year for each

  2  project in operation during the preceding fiscal year.

  3         (7)  The department is authorized to establish and

  4  administer a risk pool to reduce the financial risk to

  5  eligible lead community-based providers resulting from

  6  unanticipated caseload growth.

  7         (8)  Notwithstanding the provisions of s. 215.425, all

  8  documented federal funds earned for the current fiscal year by

  9  the department and community-based agencies which exceed the

10  amount appropriated by the Legislature shall be distributed to

11  all entities that contributed to the excess earnings based on

12  a schedule and methodology developed by the department and

13  approved by the Executive Office of the Governor. Distribution

14  shall be pro rata based on total earnings and shall be made

15  only to those entities that contributed to excess earnings.

16  Excess earnings of community-based agencies shall be used only

17  in the service district in which they were earned. Additional

18  state funds appropriated by the Legislature for

19  community-based agencies or made available pursuant to the

20  budgetary amendment process described in s. 216.177 shall be

21  transferred to the community-based agencies. The department

22  shall amend a community-based agency's contract to permit

23  expenditure of the funds. The distribution program applies

24  only to entities that were under privatization contracts as of

25  July 1, 1999. This program is authorized for a period of 3

26  years beginning July 1, 1999, and ending June 30, 2002. The

27  Office of Program Policy Analysis and Government

28  Accountability shall review this program and report to the

29  President of the Senate and the Speaker of the House of

30  Representatives by December 31, 2001. The review shall assess

31  the program to determine how the additional resources were

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  1  used, the number of additional clients served, the

  2  improvements in quality of service attained, the performance

  3  outcomes associated with the additional resources, and the

  4  feasibility of continuing or expanding this program.

  5         Section 10.  Section 409.1675, Florida Statutes, is

  6  created to read:

  7         409.1675  Lead community-based providers;

  8  receivership.--

  9         (1)  The Department of Children and Family Services may

10  petition a court of competent jurisdiction for the appointment

11  of a receiver for a lead community-based provider established

12  pursuant to s. 409.1671, when any of the following conditions

13  exist:

14         (a)  The lead community-based provider is operating

15  without a license as a child-placing agency.

16         (b)  The lead community-based provider has given less

17  than 120 days notice of its intent to cease operations, and

18  arrangements have not been made for another lead

19  community-based provider or for the department to continue the

20  uninterrupted provision of services.

21         (c)  The department determines that conditions exist in

22  the lead community-based provider that present an imminent

23  danger to the health, safety, or welfare of the dependent

24  children under that provider's care or supervision.

25         (d)  The lead community-based provider cannot meet its

26  current financial obligations to its employees, contractors,

27  or foster parents. Issuance of bad checks or the existence of

28  delinquent obligations for payment of salaries or utilities,

29  or invoices for essential services or commodities, shall

30  constitute prima facie evidence that the lead community-based

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  1  provider lacks the financial ability to meet its financial

  2  obligations.

  3         (2)(a)  The petition for receivership shall take

  4  precedence over other court business unless the court

  5  determines that some other pending proceeding, having

  6  statutory precedence, has priority.

  7         (b)  A hearing shall be conducted within 5 days after

  8  the filing of the petition, at which time interested parties

  9  shall have the opportunity to present evidence as to whether a

10  receiver should be appointed. The department shall give

11  reasonable notice of the hearing on the petition to the lead

12  community-based provider.

13         (c)  The court shall grant the petition upon finding

14  that one or more of the conditions in subsection (1) exists

15  and the continued existence of the condition or conditions

16  jeopardize the health, safety, or welfare of dependent

17  children. A receiver may be appointed ex parte when the court

18  determines that one or more of the conditions in subsection

19  (1) exists. After such finding, the court may appoint any

20  person, including an employee of the department, qualified by

21  education, training, or experience to carry out the duties of

22  the receiver pursuant to this section, except that the court

23  shall not appoint any member of the governing board or any

24  officer of the lead community-based provider.

25         (d)  A receiver may be appointed for up to 90 days and

26  the department may petition the court for additional 30-day

27  extensions. Sixty days after appointment of a receiver and

28  every 30 days thereafter until the receivership is terminated,

29  the department shall submit to the court an assessment of the

30  lead community-based provider's ability to ensure the health,

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  1  safety, and welfare of the dependent children under its

  2  supervision.

  3         (3)  The receiver shall take such steps as are

  4  reasonably necessary to ensure the continued health, safety,

  5  and welfare of the dependent children under the supervision of

  6  the lead community-based provider and shall exercise those

  7  powers and perform those duties set out by the court,

  8  including, but not limited to:

  9         (a)  Taking such action as is reasonably necessary to

10  protect or conserve the assets or property of the lead

11  community-based provider.

12         (b)  Using the assets of the lead community-based

13  provider in the provision of care and services to dependent

14  children.

15         (c)  Entering into contracts and hiring agents and

16  employees to carry out the powers and duties of the receiver

17  under this section.

18         (d)  Having full power to direct, manage, hire and

19  discharge employees of the lead community-based provider. The

20  receiver shall hire and pay new employees at the rate of

21  compensation, including benefits, approved by the court.

22         (e)  Honoring all leases, mortgages, and contractual

23  obligations of the lead community-based provider, but only to

24  the extent of payments which become due during the period of

25  the receivership.

26         (4)(a)  The receiver shall deposit funds received in a

27  separate account and shall use this account for all

28  disbursements.

29         (b)  A payment to the receiver of any sum owing to the

30  lead community-based provider shall discharge any obligation

31  to the provider to the extent of the payment.

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  1         (5)(a)  A receiver may petition the court for temporary

  2  relief from obligations entered into by the lead

  3  community-based provider if the rent, price, or rate of

  4  interest required to be paid under the agreement was

  5  substantially in excess of a reasonable rent, price, or rate

  6  of interest at the time the contract was entered into, or if

  7  any material provision of the agreement was unreasonable, when

  8  compared to contracts negotiated under similar conditions. Any

  9  relief in this form provided by the court shall be limited to

10  the life of the receivership, unless otherwise determined by

11  the court.

12         (6)  The court shall set the compensation of the

13  receiver, which shall be considered a necessary expense of a

14  receivership and may grant to the receiver such other

15  authority as necessary to ensure the health, safety, and

16  welfare of the children served.

17         (7)  A receiver may be held liable in a personal

18  capacity only for the receiver's own gross negligence,

19  intentional acts, or breaches of fiduciary duty. This section

20  shall not be interpreted to be a waiver of sovereign immunity

21  should the department be appointed receiver.

22         (8)  If the receiver is not the department, the court

23  may require a receiver to post a bond to ensure the faithful

24  performance of these duties.

25         (9)  The court may terminate a receivership when:

26         (a)  The court determines that the receivership is no

27  longer necessary because the conditions which gave rise to the

28  receivership no longer exist; or

29         (b)  The department has entered into a contract with a

30  new lead community-based provider pursuant to s. 409.1671 and

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  1  that contractor is ready and able to assume the duties of the

  2  previous provider.

  3         (10)  Within 30 days after the termination, unless this

  4  time period is extended by the court, the receiver shall give

  5  the court a complete accounting of all property of which the

  6  receiver has taken possession, of all funds collected and

  7  disbursed, and of the expenses of the receivership.

  8         (11)  Nothing in this section shall be construed to

  9  relieve any employee of the lead community-based provider

10  placed in receivership of any civil or criminal liability

11  incurred, or any duty imposed by law, by reason of acts or

12  omissions of the employee prior to the appointment of a

13  receiver; nor shall anything contained in this section be

14  construed to suspend during the receivership any obligation of

15  the employee for payment of taxes or other operating or

16  maintenance expenses of the lead community-based provider or

17  for the payment of mortgages or liens.

18         Section 11.  Subsection (5) of section 20.43, Florida

19  Statutes, is amended to read:

20         20.43  Department of Health.--There is created a

21  Department of Health.

22         (5)  The department shall plan and administer its

23  public health programs through its county health departments

24  and may, for administrative purposes and efficient service

25  delivery, establish up to 15 service areas to carry out such

26  duties as may be prescribed by the secretary. The boundaries

27  of the service areas shall be the same as, or combinations of,

28  the service districts of the Department of Children and Family

29  Services health and human services boards established in s.

30  20.19 and, to the extent practicable, shall take into

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  1  consideration the boundaries of the jobs and education

  2  regional boards.

  3         Section 12.  Paragraph (e) of subsection (2) and

  4  paragraph (b) of subsection (7) of section 39.001, Florida

  5  Statutes, are amended to read:

  6         39.001  Purposes and intent; personnel standards and

  7  screening.--

  8         (2)  DEPARTMENT CONTRACTS.--The department may contract

  9  with the Federal Government, other state departments and

10  agencies, county and municipal governments and agencies,

11  public and private agencies, and private individuals and

12  corporations in carrying out the purposes of, and the

13  responsibilities established in, this chapter.

14         (e)  The department shall develop and implement a

15  written and performance-based testing and evaluation program

16  pursuant to s. 20.19(4), to ensure measurable competencies of

17  all employees assigned to manage or supervise cases of child

18  abuse, abandonment, and neglect.

19         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

20         (b)  The development of the comprehensive state plan

21  shall be accomplished in the following manner:

22         1.  The department shall establish an interprogram task

23  force comprised of the Program Director for Family Safety

24  Assistant Secretary for Children and Family Services, or a

25  designee, a representative from the Child Care Services

26  Children and Families Program Office, a representative from

27  the Family Safety Program Office, a representative from the

28  Alcohol, Drug Abuse, and Mental Health Program Office, a

29  representative from the Substance Abuse Program Office, a

30  representative from the Developmental Disabilities Services

31  Program Office, a representative from the Office of Standards

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  1  and Evaluation, and a representative from the Division of

  2  Children's Medical Services of the Department of Health.

  3  Representatives of the Department of Law Enforcement and of

  4  the Department of Education shall serve as ex officio members

  5  of the interprogram task force. The interprogram task force

  6  shall be responsible for:

  7         a.  Developing a plan of action for better coordination

  8  and integration of the goals, activities, and funding

  9  pertaining to the prevention of child abuse, abandonment, and

10  neglect conducted by the department in order to maximize staff

11  and resources at the state level. The plan of action shall be

12  included in the state plan.

13         b.  Providing a basic format to be utilized by the

14  districts in the preparation of local plans of action in order

15  to provide for uniformity in the district plans and to provide

16  for greater ease in compiling information for the state plan.

17         c.  Providing the districts with technical assistance

18  in the development of local plans of action, if requested.

19         d.  Examining the local plans to determine if all the

20  requirements of the local plans have been met and, if they

21  have not, informing the districts of the deficiencies and

22  requesting the additional information needed.

23         e.  Preparing the state plan for submission to the

24  Legislature and the Governor. Such preparation shall include

25  the collapsing of information obtained from the local plans,

26  the cooperative plans with the Department of Education, and

27  the plan of action for coordination and integration of

28  departmental activities into one comprehensive plan. The

29  comprehensive plan shall include a section reflecting general

30  conditions and needs, an analysis of variations based on

31  population or geographic areas, identified problems, and

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  1  recommendations for change. In essence, the plan shall provide

  2  an analysis and summary of each element of the local plans to

  3  provide a statewide perspective. The plan shall also include

  4  each separate local plan of action.

  5         f.  Working with the specified state agency in

  6  fulfilling the requirements of subparagraphs 2., 3., 4., and

  7  5.

  8         2.  The department, the Department of Education, and

  9  the Department of Health shall work together in developing

10  ways to inform and instruct parents of school children and

11  appropriate district school personnel in all school districts

12  in the detection of child abuse, abandonment, and neglect and

13  in the proper action that should be taken in a suspected case

14  of child abuse, abandonment, or neglect, and in caring for a

15  child's needs after a report is made. The plan for

16  accomplishing this end shall be included in the state plan.

17         3.  The department, the Department of Law Enforcement,

18  and the Department of Health shall work together in developing

19  ways to inform and instruct appropriate local law enforcement

20  personnel in the detection of child abuse, abandonment, and

21  neglect and in the proper action that should be taken in a

22  suspected case of child abuse, abandonment, or neglect.

23         4.  Within existing appropriations, the department

24  shall work with other appropriate public and private agencies

25  to emphasize efforts to educate the general public about the

26  problem of and ways to detect child abuse, abandonment, and

27  neglect and in the proper action that should be taken in a

28  suspected case of child abuse, abandonment, or neglect.  The

29  plan for accomplishing this end shall be included in the state

30  plan.

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  1         5.  The department, the Department of Education, and

  2  the Department of Health shall work together on the

  3  enhancement or adaptation of curriculum materials to assist

  4  instructional personnel in providing instruction through a

  5  multidisciplinary approach on the identification,

  6  intervention, and prevention of child abuse, abandonment, and

  7  neglect. The curriculum materials shall be geared toward a

  8  sequential program of instruction at the four progressional

  9  levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging

10  all school districts to utilize the curriculum are to be

11  included in the comprehensive state plan for the prevention of

12  child abuse, abandonment, and neglect.

13         6.  Each district of the department shall develop a

14  plan for its specific geographical area. The plan developed at

15  the district level shall be submitted to the interprogram task

16  force for utilization in preparing the state plan. The

17  district local plan of action shall be prepared with the

18  involvement and assistance of the local agencies and

19  organizations listed in paragraph (a), as well as

20  representatives from those departmental district offices

21  participating in the treatment and prevention of child abuse,

22  abandonment, and neglect. In order to accomplish this, the

23  district administrator in each district shall establish a task

24  force on the prevention of child abuse, abandonment, and

25  neglect. The district administrator shall appoint the members

26  of the task force in accordance with the membership

27  requirements of this section. In addition, the district

28  administrator shall ensure that each subdistrict is

29  represented on the task force; and, if the district does not

30  have subdistricts, the district administrator shall ensure

31  that both urban and rural areas are represented on the task

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  1  force. The task force shall develop a written statement

  2  clearly identifying its operating procedures, purpose, overall

  3  responsibilities, and method of meeting responsibilities. The

  4  district plan of action to be prepared by the task force shall

  5  include, but shall not be limited to:

  6         a.  Documentation of the magnitude of the problems of

  7  child abuse, including sexual abuse, physical abuse, and

  8  emotional abuse, and child abandonment and neglect in its

  9  geographical area.

10         b.  A description of programs currently serving abused,

11  abandoned, and neglected children and their families and a

12  description of programs for the prevention of child abuse,

13  abandonment, and neglect, including information on the impact,

14  cost-effectiveness, and sources of funding of such programs.

15         c.  A continuum of programs and services necessary for

16  a comprehensive approach to the prevention of all types of

17  child abuse, abandonment, and neglect as well as a brief

18  description of such programs and services.

19         d.  A description, documentation, and priority ranking

20  of local needs related to child abuse, abandonment, and

21  neglect prevention based upon the continuum of programs and

22  services.

23         e.  A plan for steps to be taken in meeting identified

24  needs, including the coordination and integration of services

25  to avoid unnecessary duplication and cost, and for alternative

26  funding strategies for meeting needs through the reallocation

27  of existing resources, utilization of volunteers, contracting

28  with local universities for services, and local government or

29  private agency funding.

30

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  1         f.  A description of barriers to the accomplishment of

  2  a comprehensive approach to the prevention of child abuse,

  3  abandonment, and neglect.

  4         g.  Recommendations for changes that can be

  5  accomplished only at the state program level or by legislative

  6  action.

  7         Section 13.  Paragraph (b) of subsection (3) of section

  8  39.0015, Florida Statutes, is amended to read:

  9         39.0015  Child abuse prevention training in the

10  district school system.--

11         (3)  DEFINITIONS.--As used in this section:

12         (b)  "Child abuse" means those acts as defined in ss.

13  39.01(1), (2), (30), (43), (45), (52), and (63) (44), (46),

14  (53), and (64), 827.04, and 984.03(1), (2), and (39).

15         Section 14.  Subsection (31) of section 39.01, Florida

16  Statutes, is repealed, and subsection (25) of said section is

17  amended to read:

18         39.01  Definitions.--When used in this chapter, unless

19  the context otherwise requires:

20         (25)  "District administrator" means the chief

21  operating officer of each service district of the department

22  as defined in s. 20.19(5)(7) and, where appropriate, includes

23  any district administrator whose service district falls within

24  the boundaries of a judicial circuit.

25         Section 15.  Subsection (9) of section 39.201, Florida

26  Statutes, is amended to read:

27         39.201  Mandatory reports of child abuse, abandonment,

28  or neglect; mandatory reports of death; central abuse

29  hotline.--

30         (9)  On an ongoing basis, the department's quality

31  assurance program shall review reports to the hotline

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  1  involving three or more unaccepted reports on a single child

  2  in order to detect such things as harassment and situations

  3  that warrant an investigation because of the frequency or

  4  variety of the source of the reports. The Program Director for

  5  Family Safety assistant secretary may refer a case for

  6  investigation when it is determined, as a result of this

  7  review, that an investigation may be warranted.

  8         Section 16.  Subsection (1) of section 39.302, Florida

  9  Statutes, is amended to read:

10         39.302  Protective investigations of institutional

11  child abuse, abandonment, or neglect.--

12         (1)  The department shall conduct a child protective

13  investigation of each report of institutional child abuse,

14  abandonment, or neglect.  Upon receipt of a report which

15  alleges that an employee or agent of the department, or any

16  other entity or person covered by s. 39.01(31)(32) or (47)

17  (48), acting in an official capacity, has committed an act of

18  child abuse, abandonment, or neglect, the department shall

19  immediately initiate a child protective investigation and

20  orally notify the appropriate state attorney, law enforcement

21  agency, and licensing agency.  These agencies shall

22  immediately conduct a joint investigation, unless independent

23  investigations are more feasible. When conducting

24  investigations onsite or having face-to-face interviews with

25  the child, such investigation visits shall be unannounced

26  unless it is determined by the department or its agent that

27  such unannounced visits would threaten the safety of the

28  child.  When a facility is exempt from licensing, the

29  department shall inform the owner or operator of the facility

30  of the report.  Each agency conducting a joint investigation

31  shall be entitled to full access to the information gathered

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  1  by the department in the course of the investigation. A

  2  protective investigation must include an onsite visit of the

  3  child's place of residence. In all cases, the department shall

  4  make a full written report to the state attorney within 3

  5  working days after making the oral report. A criminal

  6  investigation shall be coordinated, whenever possible, with

  7  the child protective investigation of the department. Any

  8  interested person who has information regarding the offenses

  9  described in this subsection may forward a statement to the

10  state attorney as to whether prosecution is warranted and

11  appropriate. Within 15 days after the completion of the

12  investigation, the state attorney shall report the findings to

13  the department and shall include in such report a

14  determination of whether or not prosecution is justified and

15  appropriate in view of the circumstances of the specific case.

16         Section 17.  Paragraph (b) of subsection (9) of section

17  216.136, Florida Statutes, is amended to read:

18         216.136  Consensus estimating conferences; duties and

19  principals.--

20         (9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

21         (b)  Principals.--The Executive Office of the Governor,

22  the Office of Economic and Demographic Research, and

23  professional staff who have forecasting expertise from the

24  Department of Juvenile Justice, the Department of Children and

25  Family Services Substance Alcohol, Drug Abuse, and Mental

26  Health Program Offices Office, the Department of Law

27  Enforcement, the Senate Appropriations Committee staff, the

28  House of Representatives Appropriations Committee staff, or

29  their designees, are the principals of the Juvenile Justice

30  Estimating Conference. The responsibility of presiding over

31  sessions of the conference shall be rotated among the

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  1  principals. To facilitate policy and legislative

  2  recommendations, the conference may call upon professional

  3  staff of the Juvenile Justice Accountability Board and

  4  appropriate legislative staff.

  5         Section 18.  Paragraph (a) of subsection (3) of section

  6  381.0072, Florida Statutes, is amended to read:

  7         381.0072  Food service protection.--It shall be the

  8  duty of the Department of Health to adopt and enforce

  9  sanitation rules consistent with law to ensure the protection

10  of the public from food-borne illness. These rules shall

11  provide the standards and requirements for the storage,

12  preparation, serving, or display of food in food service

13  establishments as defined in this section and which are not

14  permitted or licensed under chapter 500 or chapter 509.

15         (3)  LICENSES REQUIRED.--

16         (a)  Licenses; annual renewals.--Each food service

17  establishment regulated under this section shall obtain a

18  license from the department annually.  Food service

19  establishment licenses shall expire annually and shall not be

20  transferable from one place or individual to another.

21  However, those facilities licensed by the department's Office

22  of Licensure and Certification, the Child Care Services

23  Children and Families Program Office, or the Developmental

24  Disabilities Services Program Office are exempt from this

25  subsection.  It shall be a misdemeanor of the second degree,

26  punishable as provided in s. 381.0061, s. 775.082, or s.

27  775.083, for such an establishment to operate without this

28  license.  The department may refuse a license, or a renewal

29  thereof, to any establishment that is not constructed or

30  maintained in accordance with law and with the rules of the

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  1  department.  Annual application for renewal shall not be

  2  required.

  3         Section 19.  Subsection (5) of section 383.14, Florida

  4  Statutes, is amended to read:

  5         383.14  Screening for metabolic disorders, other

  6  hereditary and congenital disorders, and environmental risk

  7  factors.--

  8         (5)  ADVISORY COUNCIL.--There is established a Genetics

  9  and Infant Screening Advisory Council made up of 12 members

10  appointed by the Secretary of Health.  The council shall be

11  composed of two consumer members, three practicing

12  pediatricians, at least one of whom must be a pediatric

13  hematologist, one representative from each of the four medical

14  schools in the state, the Secretary of Health or his or her

15  designee, one representative from the Department of Health

16  representing Children's Medical Services, and one

17  representative from the Developmental Disabilities Services

18  Program Office of the Department of Children and Family

19  Services. All appointments shall be for a term of 4 years.

20  The chairperson of the council shall be elected from the

21  membership of the council and shall serve for a period of 2

22  years.  The council shall meet at least semiannually or upon

23  the call of the chairperson. The council may establish ad hoc

24  or temporary technical advisory groups to assist the council

25  with specific topics which come before the council. Council

26  members shall serve without pay. Pursuant to the provisions of

27  s. 112.061, the council members are entitled to be reimbursed

28  for per diem and travel expenses.  It is the purpose of the

29  council to advise the department about:

30         (a)  Conditions for which testing should be included

31  under the screening program and the genetics program;

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  1         (b)  Procedures for collection and transmission of

  2  specimens and recording of results; and

  3         (c)  Methods whereby screening programs and genetics

  4  services for children now provided or proposed to be offered

  5  in the state may be more effectively evaluated, coordinated,

  6  and consolidated.

  7         Section 20.  Subsection (1) of section 393.064, Florida

  8  Statutes, is amended to read:

  9         393.064  Prevention.--

10         (1)  The Department of Children and Family Services, in

11  carrying out its assigned purpose under s. 20.19(1) of

12  preventing to the maximum extent possible the occurrence and

13  incidence of physical and mental diseases and disabilities,

14  shall give priority to the development, planning, and

15  implementation of programs which have the potential to

16  prevent, correct, cure, or reduce the severity of

17  developmental disabilities.  The department shall direct an

18  interdepartmental and interprogram effort for the continued

19  development of a prevention plan and program.  The department

20  shall identify, through demonstration projects, through

21  departmental program evaluation, and through monitoring of

22  programs and projects conducted outside of the department, any

23  medical, social, economic, or educational methods, techniques,

24  or procedures which have the potential to effectively

25  ameliorate, correct, or cure developmental disabilities.  The

26  department shall determine the costs and benefits that would

27  be associated with such prevention efforts and shall

28  implement, or recommend the implementation of, those methods,

29  techniques, or procedures which are found likely to be

30  cost-beneficial.  The department in its legislative budget

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  1  request shall identify funding needs for such prevention

  2  programs.

  3         Section 21.  Paragraph (i) of subsection (4) of section

  4  393.13, Florida Statutes, is amended to read:

  5         393.13  Personal treatment of persons who are

  6  developmentally disabled.--

  7         (4)  CLIENT RIGHTS.--For purposes of this subsection,

  8  the term "client," as defined in s. 393.063, shall also

  9  include any person served in a facility licensed pursuant to

10  s. 393.067.

11         (i)  Clients shall have the right to be free from

12  unnecessary physical, chemical, or mechanical restraint.

13  Restraints shall be employed only in emergencies or to protect

14  the client from imminent injury to himself or herself or

15  others.  Restraints shall not be employed as punishment, for

16  the convenience of staff, or as a substitute for a

17  habilitative plan.  Restraints shall impose the least possible

18  restrictions consistent with their purpose and shall be

19  removed when the emergency ends.  Restraints shall not cause

20  physical injury to the client and shall be designed to allow

21  the greatest possible comfort.

22         1.  Mechanical supports used in normative situations to

23  achieve proper body position and balance shall not be

24  considered restraints, but shall be prescriptively designed

25  and applied under the supervision of a qualified professional

26  with concern for principles of good body alignment,

27  circulation, and allowance for change of position.

28         2.  Totally enclosed cribs and barred enclosures shall

29  be considered restraints.

30         3.  Daily reports on the employment of physical,

31  chemical, or mechanical restraints by those specialists

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  1  authorized in the use of such restraints shall be made to the

  2  appropriate chief administrator of the facility, and a monthly

  3  summary of such reports shall be relayed to the district

  4  administrator and the district human rights advocacy

  5  committee.  The reports shall summarize all such cases of

  6  restraints, the type used, the duration of usage, and the

  7  reasons therefor. Districts shall submit districtwide

  8  quarterly reports of these summaries to the state

  9  Developmental Disabilities Services Program Office.

10         4.  The department shall post a copy of the rules

11  promulgated under this section in each living unit of

12  residential facilities.  A copy of the rules promulgated under

13  this section shall be given to all staff members of licensed

14  facilities and made a part of all preservice and inservice

15  training programs.

16         Section 22.  Subsection (3) of section 394.462, Florida

17  Statutes, is amended to read:

18         394.462  Transportation.--

19         (3)  EXCEPTIONS.--An exception to the requirements of

20  this section may be granted by the secretary of the department

21  for the purposes of improving service coordination or better

22  meeting the special needs of individuals.  A proposal for an

23  exception must be submitted by the district administrator

24  after being approved by the local health and human services

25  board and by the governing boards of any affected counties,

26  prior to submission to the secretary.

27         (a)  A proposal for an exception must identify the

28  specific provision from which an exception is requested;

29  describe how the proposal will be implemented by participating

30  law enforcement agencies and transportation authorities; and

31

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  1  provide a plan for the coordination of services such as case

  2  management.

  3         (b)  The exception may be granted only for:

  4         1.  An arrangement centralizing and improving the

  5  provision of services within a district, which may include an

  6  exception to the requirement for transportation to the nearest

  7  receiving facility;

  8         2.  An arrangement by which a facility may provide, in

  9  addition to required psychiatric services, an environment and

10  services which are uniquely tailored to the needs of an

11  identified group of persons with special needs, such as

12  persons with hearing impairments or visual impairments, or

13  elderly persons with physical frailties; or

14         3.  A specialized transportation system that provides

15  an efficient and humane method of transporting patients to

16  receiving facilities, among receiving facilities, and to

17  treatment facilities.

18         (c)  Any exception approved pursuant to this subsection

19  shall be reviewed and approved every 5 years by the secretary.

20         Section 23.  Paragraph (e) of subsection (2) of section

21  394.4674, Florida Statutes, is amended to read:

22         394.4674  Plan and report.--

23         (2)  The department shall prepare and submit a

24  semiannual report to the Legislature, until the conditions

25  specified in subsection (1) are met, which shall include, but

26  not be limited to:

27         (e)  Any evidence of involvement between the Alcohol,

28  Drug Abuse, and Mental Health Program Office and other program

29  offices within the department and between the department and

30  other state and private agencies and individuals to accomplish

31  the deinstitutionalization of patients in this age group.

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  1         Section 24.  Subsections (17) and (19) of section

  2  394.67, Florida Statutes, are amended to read:

  3         394.67  Definitions.--As used in this part, the term:

  4         (17)  "Program office" means the Alcohol, Drug Abuse,

  5  and Mental Health Program Office of the Department of Children

  6  and Family Services.

  7         (19)  "Service district" means a community service

  8  district as established by the department under s. 20.19 for

  9  the purpose of providing community alcohol, drug abuse, and

10  mental health services.

11         Section 25.  Paragraph (b) of subsection (11) of

12  section 394.75, Florida Statutes, is amended to read:

13         394.75  District alcohol, drug abuse, and mental health

14  plans.--

15         (11)  The district administrator shall report annually

16  to the district planning council the status of funding for

17  priorities established in the district plan.  Each report must

18  include:

19         (b)  A description of the district plan priorities that

20  were included in the departmental budget request prepared

21  under s. 20.19;

22         Section 26.  Paragraph (a) of subsection (19) of

23  section 397.311, Florida Statutes, is amended to read:

24         397.311  Definitions.--As used in this chapter, except

25  part VIII:

26         (19)  "Licensed service provider" means a public agency

27  under this chapter, a private for-profit or not-for-profit

28  agency under this chapter, a physician licensed under chapter

29  458 or chapter 459, or any other private practitioner licensed

30  under this chapter, or a hospital licensed under chapter 395,

31

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  1  which offers substance abuse impairment services through one

  2  or more of the following licensable service components:

  3         (a)  Addictions receiving facility, which is a

  4  community-based facility designated by the department to

  5  receive, screen, and assess clients found to be substance

  6  abuse impaired, in need of emergency treatment for substance

  7  abuse impairment, or impaired by substance abuse to such an

  8  extent as to meet the criteria for involuntary admission in s.

  9  397.675, and to provide detoxification and stabilization.  An

10  addictions receiving facility must be state-owned,

11  state-operated, or state-contracted, and licensed pursuant to

12  rules adopted by the department's Substance Abuse Alcohol,

13  Drug Abuse, and Mental Health Program Office which include

14  specific authorization for the provision of levels of care and

15  a requirement of separate accommodations for adults and

16  minors. Addictions receiving facilities are designated as

17  secure facilities to provide an intensive level of care and

18  must have sufficient staff and the authority to provide

19  environmental security to handle aggressive and

20  difficult-to-manage behavior and deter elopement.

21         Section 27.  Paragraph (b) of subsection (14) and

22  subsection (18) of section 397.321, Florida Statutes, is

23  amended to read:

24         397.321  Duties of the department.--The department

25  shall:

26         (14)  In cooperation with service providers, foster and

27  actively seek additional funding to enhance resources for

28  prevention, intervention, and treatment services, including

29  but not limited to the development of partnerships with:

30         (b)  Intradepartmental and interdepartmental program

31  offices, including, but not limited to, child care services;

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  1  family safety children and families; delinquency services;

  2  health services; economic services; and children's medical

  3  services.

  4         (18)  Ensure that the department develops and ensures

  5  the implementation of procedures between its Substance Abuse

  6  Alcohol, Drug Abuse, and Mental Health Program Office and

  7  other departmental programs, particularly the Children and

  8  Families Program Office and the Delinquency Services Program

  9  Office, regarding the referral of substance abuse impaired

10  persons to service providers, information on service

11  providers, information on methods of identifying substance

12  abuse impaired juveniles, and procedures for referring such

13  juveniles to appropriate service providers.

14         Section 28.  Subsection (3) of section 397.821, Florida

15  Statutes, is amended to read:

16         397.821  Juvenile substance abuse impairment prevention

17  and early intervention councils.--

18         (3)  The council shall provide recommendations to the

19  Program Director for Substance Abuse Assistant Secretary for

20  Alcohol, Drug Abuse, and Mental Health annually for

21  consideration for inclusion in the district alcohol, drug

22  abuse, and mental health planning councils for consideration

23  for inclusion in the district alcohol, drug abuse, and mental

24  health plans.

25         Section 29.  Subsection (4) of section 397.901, Florida

26  Statutes, is amended to read:

27         397.901  Prototype juvenile addictions receiving

28  facilities.--

29         (4)  The department shall adopt rules necessary to

30  implement this section. The rules must be written by the

31  department's Substance Abuse Alcohol, Drug Abuse, and Mental

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  1  Health Program Office and must specify criteria for staffing

  2  and services delineated for the provision of graduated levels

  3  of care from nonintensive to environmentally secure for the

  4  handling of aggressive and difficult-to-manage behavior and

  5  the prevention of elopement.

  6         Section 30.  Subsection (2) of section 400.435, Florida

  7  Statutes, is amended to read:

  8         400.435  Maintenance of records; reports.--

  9         (2)  Within 60 days after the date of the biennial

10  inspection visit or within 30 days after the date of any

11  interim visit, the agency shall forward the results of the

12  inspection to the district ombudsman council in whose planning

13  and service area, as defined in part II, the facility is

14  located; to at least one public library or, in the absence of

15  a public library, the county seat in the county in which the

16  inspected assisted living facility is located; and, when

17  appropriate, to the district Adult Services and district

18  alcohol, drug abuse, and Mental Health Program Offices.

19         Section 31.  Paragraph (a) of subsection (1) of section

20  402.17, Florida Statutes, is amended to read:

21         402.17  Claims for care and maintenance; trust

22  property.--The Department of Children and Family Services

23  shall protect the financial interest of the state with respect

24  to claims which the state may have for the care and

25  maintenance of clients of the department. The department

26  shall, as trustee, hold in trust and administer money of

27  clients and property designated for the personal benefit of

28  clients. The department shall act as trustee of clients' money

29  and property entrusted to it in accordance with the usual

30  fiduciary standards applicable generally to trustees, and

31  shall act to protect both the short-term and long-term

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  1  interests of the clients for whose benefit it is holding such

  2  money and property.

  3         (1)  CLAIMS FOR CARE AND MAINTENANCE.--

  4         (a)  The department shall perform the following acts:

  5         1.  Receive and supervise the collection of sums due

  6  the state.

  7         2.  Bring any court action necessary to collect any

  8  claim the state may have against any client, former client,

  9  guardian of any client or former client, executor or

10  administrator of the client's estate, or any person against

11  whom any client or former client may have a claim.

12         3.  Obtain a copy of any inventory or appraisal of the

13  client's property filed with any court.

14         4.  Obtain from the Economic Self-Sufficiency Services

15  Program Office a financial status report on any client or

16  former client, including the ability of third parties

17  responsible for such client to pay all or part of the cost of

18  the client's care and maintenance.

19         5.  Petition the court for appointment of a guardian or

20  administrator for an otherwise unrepresented client or former

21  client should the financial status report or other information

22  indicate the need for such action. The cost of any such action

23  shall be charged against the assets or estate of the client.

24         6.  Represent the interest of the state in any

25  litigation in which a client or former client is a party.

26         7.  File claims with any person, firm, or corporation

27  or with any federal, state, county, district, or municipal

28  agency on behalf of an unrepresented client.

29         8.  Represent the state in the settlement of the

30  estates of deceased clients or in the settlement of estates in

31

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  1  which a client or a former client against whom the state may

  2  have a claim has a financial interest.

  3         9.  Establish procedures by rule for the use of amounts

  4  held in trust for the client to pay for the cost of care and

  5  maintenance, if such amounts would otherwise cause the client

  6  to become ineligible for services which are in the client's

  7  best interests.

  8         Section 32.  Paragraph (a) of subsection (1) and

  9  subsection (7) of section 402.3015, Florida Statutes, are

10  amended to read:

11         402.3015  Subsidized child care program; purpose; fees;

12  contracts.--

13         (1)  The purpose of the subsidized child care program

14  is to provide quality child care to enhance the development,

15  including language, cognitive, motor, social, and self-help

16  skills of children who are at risk of abuse or neglect and

17  children of low-income families, and to promote financial

18  self-sufficiency and life skills for the families of these

19  children, unless prohibited by federal law. Priority for

20  participation in the subsidized child care program shall be

21  accorded to children under 13 years of age who are:

22         (a)  Determined to be at risk of abuse, neglect, or

23  exploitation and who are currently clients of the department's

24  Family Safety Children and Families Program Office;

25         (7)  To the extent funds are available, the department

26  shall contract for support services for children who are

27  clients of the department's Child Care Services Children and

28  Families Program Office and who participate in the subsidized

29  child care program. Support services shall include, but need

30  not be limited to, transportation, child development programs,

31

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  1  child nutrition services, and parent training and family

  2  counseling activities.

  3         Section 33.  Subsection (6) of section 402.40, Florida

  4  Statutes, is amended to read:

  5         402.40  Child welfare training academies established;

  6  Child Welfare Standards and Training Council created;

  7  responsibilities of council; Child Welfare Training Trust Fund

  8  created.--

  9         (6)  TIMEFRAME FOR ESTABLISHMENT OF TRAINING

10  ACADEMIES.--By June 30, 1987, the department shall have

11  established and have operational at least one training

12  academy, which shall be located in subdistrict IIB.  The

13  department shall contract for the operation of one or more

14  training academies the academy with Tallahassee Community

15  College.  The number, location, and timeframe for

16  establishment of additional training academies shall be

17  according to the recommendation of the council as approved by

18  the Secretary of Children and Family Services.

19         Section 34.  Subsection (2) of section 402.47, Florida

20  Statutes, is amended to read:

21         402.47  Foster grandparent and retired senior volunteer

22  services to high-risk and handicapped children.--

23         (2)  The Department of Children and Family Health and

24  Rehabilitative Services shall:

25         (a)  Establish a program to provide foster grandparent

26  and retired senior volunteer services to high-risk and

27  handicapped children.  Foster grandparent services and retired

28  senior volunteer services to high-risk and handicapped

29  children shall be under the supervision of the department

30  Deputy Secretary for Human Services, in coordination with

31

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  1  intraagency and interagency programs and agreements as

  2  provided for in s. 411.203.

  3         (b)  In authorized districts, contract with foster

  4  grandparent programs and retired senior volunteer programs for

  5  services to high-risk and handicapped children, utilizing

  6  funds appropriated for handicap prevention.

  7         (c)  Develop guidelines for the provision of foster

  8  grandparent services and retired senior volunteer services to

  9  high-risk and handicapped children, and monitor and evaluate

10  the implementation of the program.

11         (d)  Coordinate with the Federal Action State Office

12  and the department's Office of Prevention, Early Assistance,

13  and Child Development regarding the development of criteria

14  for program elements and funding.

15         Section 35.  Subsection (7) of section 409.152, Florida

16  Statutes, is amended to read:

17         409.152  Service integration and family preservation.--

18         (7)  On or before September 1, 1993, and annually

19  thereafter, the department shall submit to the Governor, the

20  President of the Senate, the Speaker of the House of

21  Representatives, and the appropriate substantive committees of

22  the Senate and the House of Representatives a copy of the

23  state and district plans described in this section and the

24  results or accomplishments of any district family preservation

25  programs established by the health and human services boards.

26         Section 36.  Paragraphs (a) and (b) of subsection (2)

27  of section 409.1673, Florida Statutes, are amended to read:

28         409.1673  Legislative findings; alternate care plans.--

29         (2)  ALTERNATE CARE PLANS.--

30         (a)  The department must, in a collaborative

31  partnership with community service providers, annually develop

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  1  and administer an objective plan with respect to services for

  2  dependent children. The district's community service providers

  3  Each service district must annually develop and submit to the

  4  district administrator health and human services board by

  5  March 31, 1995, and by March 31 of each succeeding year, an

  6  alternate care plan that specifies the assessment and case

  7  planning process and prescribes the services needed to ensure

  8  the most appropriate alternate care placement for dependent

  9  children who must be placed outside their homes. As used in

10  this section, the term "assessment" means the evaluation of a

11  child's physical, psychological, educational, vocational, and

12  social condition and the child's family environment as they

13  relate to the child's need for rehabilitative and treatment

14  services, including substance abuse treatment services, mental

15  health services, developmental services, educational and

16  remedial literacy services, medical services, family services,

17  and other specialized services.

18         (b)  The plan must be developed by the department in

19  collaboration with community service providers, foster parent

20  providers, licensed residential child care providers, mental

21  health providers, parents and guardians, child care providers,

22  school system representatives, juvenile justice council

23  members, and other community representatives, and must be

24  approved by the district administrator health and human

25  services board. The plan must be approved prior to the

26  beginning of each fiscal year for use in preparing the

27  legislative budget request for the following fiscal year.

28         Section 37.  Paragraph (a) of subsection (1) of section

29  410.0245, Florida Statutes, is amended to read:

30         410.0245  Study of service needs; report; multiyear

31  plan.--

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  1         (1)(a)  The Aging and Adult Services Program Office of

  2  the Department of Children and Family Services shall contract

  3  for a study of the service needs of the 18-to-59-year-old

  4  disabled adult population served or waiting to be served by

  5  the community care for disabled adults program.  The Division

  6  of Vocational Rehabilitation of the Department of Labor and

  7  Employment Security and other appropriate state agencies shall

  8  provide information to the Department of Children and Family

  9  Services when requested for the purposes of this study.

10         Section 38.  Paragraph (a) of subsection (6) of section

11  411.01, Florida Statutes, is amended to read:

12         411.01  Florida Partnership for School Readiness;

13  school readiness coalitions.--

14         (6)  PROGRAM ELIGIBILITY.--The school readiness program

15  shall be established for children under the age of

16  kindergarten eligibility. Priority for participation in the

17  school readiness program shall be given to children who meet

18  one or more of the following criteria:

19         (a)  Children under the age of kindergarten eligibility

20  who are:

21         1.  Children determined to be at risk of abuse,

22  neglect, or exploitation and who are currently clients of the

23  Family Safety Children and Family Services Program Office of

24  the Department of Children and Family Services.

25         2.  Children at risk of welfare dependency, including

26  economically disadvantaged children, children of participants

27  in the WAGES program, children of migrant farmworkers, and

28  children of teen parents.

29         3.  Children of working families whose family income

30  does not exceed 150 percent of the federal poverty level.

31

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  1         Section 39.  Section 411.223, Florida Statutes, is

  2  amended to read:

  3         411.223  Uniform standards.--

  4         (1)  The Department of Children and Family Health and

  5  Rehabilitative Services, in consultation with the Department

  6  of Education, shall establish a minimum set of procedures for

  7  each preschool child who receives preventive health care with

  8  state funds.  Preventive health care services shall meet the

  9  minimum standards established by federal law for the Early

10  Periodic Screening, Diagnosis, and Treatment Program and shall

11  provide guidance on screening instruments which are

12  appropriate for identifying health risks and handicapping

13  conditions in preschool children.

14         (2)  Duplicative diagnostic and planning practices

15  shall be eliminated to the extent possible. Diagnostic and

16  other information necessary to provide quality services to

17  high-risk or handicapped children shall be shared among the

18  program offices of the Department of Children and Family

19  Health and Rehabilitative Services, pursuant to the provisions

20  of s. 228.093.

21         Section 40.  Paragraphs (c), (d), and (g) of subsection

22  (2) and subsection (5) of section 411.224, Florida Statutes,

23  are amended to read:

24         411.224  Family support planning process.--The

25  Legislature establishes a family support planning process to

26  be used by the Department of Children and Family Services as

27  the service planning process for targeted individuals,

28  children, and families under its purview.

29         (2)  To the extent possible within existing resources,

30  the following populations must be included in the family

31  support planning process:

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  1         (c)  Children from birth through age 5 who are served

  2  by the Developmental Disabilities Services Program Office of

  3  the Department of Children and Family Services.

  4         (d)  Children from birth through age 5 who are served

  5  by the Alcohol, Drug Abuse, and Mental Health Program Office

  6  of the Department of Children and Family Services.

  7         (g)  Children from birth through age 5 who are served

  8  by the voluntary family services, protective supervision,

  9  foster care, or adoption and related services programs of the

10  Child Care Services Children and Families Program Office of

11  the Department of Children and Family Services, and who are

12  eligible for ongoing services from one or more other programs

13  or agencies that participate in family support planning;

14  however, children served by the voluntary family services

15  program, where the planned length of intervention is 30 days

16  or less, are excluded from this population.

17         (5)  There must be only a single-family support plan to

18  address the problems of the various family members unless the

19  family requests that an individual family support plan be

20  developed for different members of that family.  The family

21  support plan must replace individual habilitation plans for

22  children from birth through 5 years old who are served by the

23  Developmental Disabilities Services Program Office of the

24  Department of Children and Family Services.  To the extent

25  possible, the family support plan must replace other

26  case-planning forms used by the Department of Children and

27  Family Services.

28         Section 41.  Paragraph (a) of subsection (1) of section

29  414.028, Florida Statutes, is amended to read:

30         414.028  Local WAGES coalitions.--The WAGES Program

31  State Board of Directors shall create and charter local WAGES

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  1  coalitions to plan and coordinate the delivery of services

  2  under the WAGES Program at the local level. The boundaries of

  3  the service area for a local WAGES coalition shall conform to

  4  the boundaries of the service area for the regional workforce

  5  development board established under the Enterprise Florida

  6  workforce development board. The local delivery of services

  7  under the WAGES Program shall be coordinated, to the maximum

  8  extent possible, with the local services and activities of the

  9  local service providers designated by the regional workforce

10  development boards.

11         (1)(a)  Each local WAGES coalition must have a minimum

12  of 11 members, of which at least one-half must be from the

13  business community. The composition of the coalition

14  membership must generally reflect the racial, gender, and

15  ethnic diversity of the community as a whole. All members

16  shall be appointed to 3-year terms. The membership of each

17  coalition must include:

18         1.  Representatives of the principal entities that

19  provide funding for the employment, education, training, and

20  social service programs that are operated in the service area,

21  including, but not limited to, representatives of local

22  government, the regional workforce development board, and the

23  United Way.

24         2.  A representative of the district administrator in

25  the appropriate district of the Department of Children and

26  Family Services health and human services board.

27         3.  A representative of a community development board.

28         4.  Three representatives of the business community who

29  represent a diversity of sizes of businesses.

30         5.  Representatives of other local planning,

31  coordinating, or service-delivery entities.

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  1         6.  A representative of a grassroots community or

  2  economic development organization that serves the poor of the

  3  community.

  4         Section 42.  Paragraph (e) of subsection (2) of section

  5  414.105, Florida Statutes, is amended to read:

  6         414.105  Time limitations of temporary cash

  7  assistance.--Unless otherwise expressly provided in this

  8  chapter, an applicant or current participant shall receive

  9  temporary cash assistance for episodes of not more than 24

10  cumulative months in any consecutive 60-month period that

11  begins with the first month of participation and for not more

12  than a lifetime cumulative total of 48 months as an adult.

13         (2)  A participant who is not exempt from work activity

14  requirements may earn 1 month of eligibility for extended

15  temporary cash assistance, up to maximum of 12 additional

16  months, for each month in which the participant is fully

17  complying with the work activities of the WAGES Program

18  through subsidized or unsubsidized public or private sector

19  employment. The period for which extended temporary cash

20  assistance is granted shall be based upon compliance with

21  WAGES Program requirements beginning October 1, 1996. A

22  participant may not receive temporary cash assistance under

23  this subsection, in combination with other periods of

24  temporary cash assistance for longer than a lifetime limit of

25  48 months. Hardship exemptions to the time limitations of this

26  chapter shall be limited to 20 percent of participants in all

27  subsequent years, as determined by the department and approved

28  by the WAGES Program State Board of Directors. Criteria for

29  hardship exemptions include:

30         (e)  A recommendation of extension for a minor child of

31  a participating family that has reached the end of the

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  1  eligibility period for temporary cash assistance. The

  2  recommendation must be the result of a review which determines

  3  that the termination of the child's temporary cash assistance

  4  would be likely to result in the child being placed into

  5  emergency shelter or foster care. Temporary cash assistance

  6  shall be provided through a protective payee. Staff of the

  7  Child Care Services Children and Families Program Office of

  8  the department shall conduct all assessments in each case in

  9  which it appears a child may require continuation of temporary

10  cash assistance through a protective payee.

11

12  At the recommendation of the local WAGES coalition, temporary

13  cash assistance under a hardship exemption for a participant

14  who is eligible for work activities and who is not working

15  shall be reduced by 10 percent. Upon the employment of the

16  participant, full benefits shall be restored.

17         Section 43.  Subsection (3) of section 414.36, Florida

18  Statutes, is amended to read:

19         414.36  Public assistance overpayment recovery program;

20  contracts.--

21         (3)  The Economic Self-Sufficiency Services Program

22  Office of the department shall have responsibility for

23  contract management and for monitoring and policy development

24  functions relating to privatization of the public assistance

25  overpayment recovery program.

26         Section 44.  Subsection (4) of section 916.107, Florida

27  Statutes, is amended to read:

28         916.107  Rights of forensic clients.--

29         (4)  QUALITY OF TREATMENT.--Each client committed

30  pursuant to this chapter shall receive treatment or training

31  suited to the client's needs, which shall be administered

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  1  skillfully, safely, and humanely with full respect for the

  2  client's dignity and personal integrity.  Each client shall

  3  receive such medical, vocational, social, educational, and

  4  rehabilitative services as the client's condition requires to

  5  bring about a return to court for disposition of charges or a

  6  return to the community.  In order to achieve this goal, the

  7  department is directed to coordinate the services of the

  8  Alcohol, Drug Abuse and Mental Health Program Office and the

  9  Developmental Disabilities Services Program Office with all

10  other programs of the department and other appropriate state

11  agencies.

12         Section 45.  Paragraph (e) of subsection (1) of section

13  985.223, Florida Statutes, is amended to read:

14         985.223  Incompetency in juvenile delinquency cases.--

15         (1)  If, at any time prior to or during a delinquency

16  case, the court has reason to believe that the child named in

17  the petition may be incompetent to proceed with the hearing,

18  the court on its own motion may, or on the motion of the

19  child's attorney or state attorney must, stay all proceedings

20  and order an evaluation of the child's mental condition.

21         (e)  For incompetency evaluations related to mental

22  retardation, the court shall order the Developmental

23  Disabilities Services Program Office within the Department of

24  Children and Family Services to examine the child to determine

25  if the child meets the definition of "retardation" in s.

26  393.063 and, if so, whether the child is competent to proceed

27  with delinquency proceedings.

28         Section 46.  Paragraphs (b) and (d) of subsection (3)

29  and paragraph (c) of subsection (4) of section 985.413,

30  Florida Statutes, are amended to read:

31         985.413  District juvenile justice boards.--

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  1         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

  2         (b)1.a.  The authority to appoint members to district

  3  juvenile justice boards, and the size of each board, is as

  4  follows:

  5         (I)  District 1 is to have a board composed of 12

  6  members, to be appointed by the juvenile justice councils of

  7  the respective counties, as follows: Escambia County, 6

  8  members; Okaloosa County, 3 members; Santa Rosa County, 2

  9  members; and Walton County, 1 member.

10         (II)  District 2 is to have a board composed of 18

11  members, to be appointed by the juvenile justice councils in

12  the respective counties, as follows: Holmes County, 1 member;

13  Washington County, 1 member; Bay County, 2 members; Jackson

14  County, 1 member; Calhoun County, 1 member; Gulf County, 1

15  member; Gadsden County, 1 member; Franklin County, 1 member;

16  Liberty County, 1 member; Leon County, 4 members; Wakulla

17  County, 1 member; Jefferson County, 1 member; Madison County,

18  1 member; and Taylor County, 1 member.

19         (III)  District 3 is to have a board composed of 15

20  members, to be appointed by the juvenile justice councils of

21  the respective counties, as follows: Hamilton County, 1

22  member; Suwannee County, 1 member; Lafayette County, 1 member;

23  Dixie County, 1 member; Columbia County, 1 member; Gilchrist

24  County, 1 member; Levy County, 1 member; Union County, 1

25  member; Bradford County, 1 member; Putnam County, 1 member;

26  and Alachua County, 5 members.

27         (IV)  District 4 is to have a board composed of 12

28  members, to be appointed by the juvenile justice councils of

29  the respective counties, as follows: Baker County, 1 member;

30  Nassau County, 1 member; Duval County, 7 members; Clay County,

31  2 members; and St. Johns County, 1 member.

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  1         (V)  District 5 is to have a board composed of 12

  2  members, to be appointed by the juvenile justice councils of

  3  the respective counties, as follows: Pasco County, 3 members;

  4  and Pinellas County, 9 members.

  5         (VI)  District 6 is to have a board composed of 12

  6  members, to be appointed by the juvenile justice councils of

  7  the respective counties, as follows: Hillsborough County, 9

  8  members; and Manatee County, 3 members.

  9         (VII)  District 7 is to have a board composed of 12

10  members, to be appointed by the juvenile justice councils of

11  the respective counties, as follows: Seminole County, 3

12  members; Orange County, 5 members; Osceola County, 1 member;

13  and Brevard County, 3 members.

14         (VIII)  District 8 is to have a board composed of 12

15  members, to be appointed by the juvenile justice councils of

16  the respective counties, as follows: Sarasota County, 3

17  members; DeSoto County, 1 member; Charlotte County, 1 member;

18  Lee County, 3 members; Glades County, 1 member; Hendry County,

19  1 member; and Collier County, 2 members.

20         (IX)  District 9 is to have a board composed of 12

21  members, to be appointed by the juvenile justice council of

22  Palm Beach County.

23         (X)  District 10 is to have a board composed of 12

24  members, to be appointed by the juvenile justice council of

25  Broward County.

26         (XI)  District 11 is to have a juvenile justice board

27  composed of 12 members to be appointed by the juvenile justice

28  council in the respective counties, as follows:  Miami-Dade

29  Dade County, 6 members and Monroe County, 6 members.

30         (XII)  District 12 is to have a board composed of 12

31  members, to be appointed by the juvenile justice council of

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  1  the respective counties, as follows: Flagler County, 3

  2  members; and Volusia County, 9 members.

  3         (XIII)  District 13 is to have a board composed of 12

  4  members, to be appointed by the juvenile justice councils of

  5  the respective counties, as follows: Marion County, 4 members;

  6  Citrus County, 2 members; Hernando County, 2 members; Sumter

  7  County, 1 member; and Lake County, 3 members.

  8         (XIV)  District 14 is to have a board composed of 12

  9  members, to be appointed by the juvenile justice councils of

10  the respective counties, as follows: Polk County, 9 members;

11  Highlands County, 2 members; and Hardee County, 1 member.

12         (XV)  District 15 is to have a board composed of 12

13  members, to be appointed by the juvenile justice councils of

14  the respective counties, as follows: Indian River County, 3

15  members; Okeechobee County, 1 member; St. Lucie County, 5

16  members; and Martin County, 3 members.

17

18  The district administrator of the Department of Children and

19  Family Services in each district may health and human services

20  board in each district may appoint one of its members to serve

21  as an ex officio member of the district juvenile justice board

22  established under this sub-subparagraph.

23         b.  In any judicial circuit where a juvenile

24  delinquency and gang prevention council exists on the date

25  this act becomes law, and where the circuit and district or

26  subdistrict boundaries are identical, such council shall

27  become the district juvenile justice board, and shall

28  thereafter have the purposes and exercise the authority and

29  responsibilities provided in this section.

30         2.  At any time after the adoption of initial bylaws

31  pursuant to paragraph (c), a district juvenile justice board

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  1  may adopt a bylaw to enlarge the size, by no more than three

  2  members, and composition of the board to adequately reflect

  3  the diversity of the population and community organizations in

  4  the district.

  5         3.  All appointments shall be for 2-year terms.

  6  Appointments to fill vacancies created by death, resignation,

  7  or removal of a member are for the unexpired term. A member

  8  may not serve more than three full consecutive terms.

  9         4.  A member who is absent for three meetings within

10  any 12-month period, without having been excused by the chair,

11  is deemed to have resigned, and the board shall immediately

12  declare the seat vacant.  Members may be suspended or removed

13  for cause by a majority vote of the board members or by the

14  Governor.

15         5.  Members are subject to the provisions of chapter

16  112, part III, Code of Ethics for Public Officers and

17  Employees.

18         (d)  A district juvenile justice board has the purpose,

19  power, and duty to:

20         1.  Advise the district juvenile justice manager and

21  the district administrator on the need for and the

22  availability of juvenile justice programs and services in the

23  district, including the educational services in Department of

24  Juvenile Justice programs.

25         2.  Develop a district juvenile justice plan that is

26  based upon the juvenile justice plans developed by each county

27  within the district, and that addresses the needs of each

28  county within the district.

29         3.  Develop a district interagency cooperation and

30  information-sharing agreement that supplements county

31

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  1  agreements and expands the scope to include appropriate

  2  circuit and district officials and groups.

  3         4.  Coordinate the efforts of the district juvenile

  4  justice board with the activities of the Governor's Juvenile

  5  Justice and Delinquency Prevention Advisory Committee and

  6  other public and private entities.

  7         5.  Advise and assist the district juvenile justice

  8  manager in the provision of optional, innovative delinquency

  9  services in the district to meet the unique needs of

10  delinquent children and their families.

11         6.  Develop, in consultation with the district juvenile

12  justice manager, funding sources external to the Department of

13  Juvenile Justice for the provision and maintenance of

14  additional delinquency programs and services. The board may,

15  either independently or in partnership with one or more county

16  juvenile justice councils or other public or private entities,

17  apply for and receive funds, under contract or other funding

18  arrangement, from federal, state, county, city, and other

19  public agencies, and from public and private foundations,

20  agencies, and charities for the purpose of funding optional

21  innovative prevention, diversion, or treatment services in the

22  district for delinquent children and children at risk of

23  delinquency, and their families. To aid in this process, the

24  department shall provide fiscal agency services for the

25  councils.

26         7.  Educate the community about and assist in the

27  community juvenile justice partnership grant program

28  administered by the Department of Juvenile Justice.

29         8.  Advise the district administrator of the Department

30  of Children and Family Services health and human services

31  board, the district juvenile justice manager, and the

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  1  Secretary of Juvenile Justice regarding the development of the

  2  legislative budget request for juvenile justice programs and

  3  services in the district and the commitment region, and, in

  4  coordination with the district administrator health and human

  5  services board, make recommendations, develop programs, and

  6  provide funding for prevention and early intervention programs

  7  and services designed to serve children in need of services,

  8  families in need of services, and children who are at risk of

  9  delinquency within the district or region.

10         9.  Assist the district juvenile justice manager in

11  collecting information and statistical data useful in

12  assessing the need for prevention programs and services within

13  the juvenile justice continuum program in the district.

14         10.  Make recommendations with respect to, and monitor

15  the effectiveness of, the judicial administrative plan for

16  each circuit pursuant to Rule 2.050, Florida Rules of Judicial

17  Administration.

18         11.  Provide periodic reports to the district

19  administrator health and human services board in the

20  appropriate district of the Department of Children and Family

21  Services. These reports must contain, at a minimum, data about

22  the clients served by the juvenile justice programs and

23  services in the district, as well as data concerning the unmet

24  needs of juveniles within the district.

25         12.  Provide a written annual report on the activities

26  of the board to the district administrator, the Secretary of

27  Juvenile Justice, and the Juvenile Justice Accountability

28  Board. The report should include an assessment of the

29  effectiveness of juvenile justice continuum programs and

30  services within the district, recommendations for elimination,

31  modification, or expansion of existing programs, and

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  1  suggestions for new programs or services in the juvenile

  2  justice continuum that would meet identified needs of children

  3  and families in the district.

  4         (4)  DISTRICT JUVENILE JUSTICE PLAN; PROGRAMS.--

  5         (c)  The district juvenile justice board may use public

  6  hearings and other appropriate processes to solicit input

  7  regarding the development and updating of the district

  8  juvenile justice plan. Input may be provided by parties which

  9  include, but are not limited to:

10         1.  Local level public and private service providers,

11  advocacy organizations, and other organizations working with

12  delinquent children.

13         2.  County and municipal governments.

14         3.  State agencies that provide services to children

15  and their families.

16         4.  University youth centers.

17         5.  Judges, state attorneys, public defenders, and The

18  Florida Bar.

19         6.  Victims of crimes committed by children.

20         7.  Law enforcement.

21         8.  Delinquent children and their families and

22  caregivers.

23

24  The district juvenile justice board must develop its district

25  juvenile justice plan in close cooperation with the

26  appropriate health and human services board of the Department

27  of Children and Family Services, local school districts, local

28  law enforcement agencies, and other community groups and must

29  update the plan annually. To aid the planning process, the

30  Department of Juvenile Justice shall provide to district

31  juvenile justice boards routinely collected ethnicity data.

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  1  The Department of Law Enforcement shall include ethnicity as a

  2  field in the Florida Intelligence Center database, and shall

  3  collect the data routinely and make it available to district

  4  juvenile justice boards.

  5         Section 47.  Subsection (2) of section 402.185 and

  6  subsection (6) of section 409.152, Florida Statutes, are

  7  repealed.

  8         Section 48.  This act shall take effect July 1, 2000.

  9

10            *****************************************

11                          HOUSE SUMMARY

12
      Revises mission and purpose, responsibilities, and
13    organization of the Department of Children and Family
      Services. Establishes program offices for adult services,
14    child care services, developmental disabilities, economic
      self-sufficiency services, family safety, mental health,
15    refugee services, and substance abuse. Provides for
      establishment of support offices. Provides for
16    community-based service delivery through community
      alliances. Provides for operation of a prototype
17    consolidated region for management and administration of
      services. Provides for contracts with a lead agency in
18    each county in the region, and provides duties thereof.
      Provides for child protective investigative services by
19    the county sheriffs, and for funding and training
      therefor.  Eliminates the health and human services
20    boards and innovation zones. Provides for appointment of
      the family care councils by the Governor. Specifies
21    contracting and performance standards and requirements
      for the department's contracted client services.
22    Authorizes certification programs for department
      employees and service providers and requires employment
23    programs for staff to facilitate transition to privatized
      community-based care. Requires contracts for outplacement
24    services and authorizes establishment of certain
      time-limited positions. Revises provisions relating to
25    privatization of foster care and related services and to
      placing a community-based provider in receivership. See
26    bill for details.

27

28

29

30

31

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