House Bill 2125e2

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                                         HB 2125, Second Engrossed



  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 s. 397.321, F.S.;

27         providing for a pilot project to serve in a

28         managed care arrangement non-Medicaid eligible

29         persons for substance abuse or mental health

30         services; amending ss. 393.502 and 393.503,

31         F.S.; revising provisions relating to creation,


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                                         HB 2125, Second Engrossed



  1         appointment, and operation of family care

  2         councils; requiring establishment of a training

  3         program for council members; providing for

  4         reimbursement for members' per diem and travel

  5         expenses; deleting references to health and

  6         human services boards; creating s. 402.73,

  7         F.S.; providing contracting and performance

  8         standards for contracted client services;

  9         providing conditions for competitive

10         procurement; providing for procurement and

11         contract for services that involve multiple

12         providers; providing requirements relating to

13         matching contributions; providing for

14         independent contract for assessment and case

15         management services; providing for penalties;

16         requiring certain notice; providing for

17         standards of conduct and disciplinary actions

18         with respect to department employees carrying

19         out contracting responsibilities; providing

20         requirements relating to the developmental

21         services Medicaid waiver service system;

22         requiring a report; providing for cancellation

23         of provider contracts; restricting new

24         contracts with canceled providers; providing

25         for liens against facility properties;

26         providing for performance-based incentives;

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

28         certification programs for department employees

29         and service providers; providing rulemaking

30         authority; requiring employment programs for

31         staff to facilitate transition to privatized


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                                         HB 2125, Second Engrossed



  1         community-based care; requiring contracts for

  2         outpatient services; authorizing certain

  3         time-limited exempt positions; amending s.

  4         409.1671, F.S., relating to foster care and

  5         related services; deleting provisions relating

  6         to a statewide privatization plan; deleting

  7         requirement that excess earnings be distributed

  8         to all entities contributing to the excess;

  9         providing for the designation of more than one

10         eligible lead community-based provider within a

11         single county under certain circumstances;

12         providing the establishment of a risk pool to

13         reduce financial risk to community-based

14         providers; excluding certain entities from

15         certain insurance requirements; providing for

16         any excess earnings to be distributed to all

17         entities contributing to the excess; creating

18         s. 409.1675, F.S.; providing conditions and

19         procedures for placing a lead community-based

20         provider in receivership; providing for notice

21         and hearing; providing powers and duties of a

22         receiver; providing for compensation; providing

23         liability; requiring a receiver to post a bond

24         under certain circumstances; providing for

25         termination of receivership; amending ss.

26         20.43, 39.001, 39.0015, 39.01, 39.201, 39.302,

27         216.136, 381.0072, 383.14, 393.064, 393.13,

28         394.462, 394.4674, 394.67, 394.75, 397.311,

29         397.321, 397.821, 397.901, 400.435, 402.17,

30         402.3015, 402.40, 402.47, 409.152, 409.1673,

31         410.0245, 411.01, 411.223, 411.224, 414.028,


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                                         HB 2125, Second Engrossed



  1         414.105, 414.36, 916.107, 985.223, and 985.413,

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

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

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

  5         Office of Standards and Evaluation of the

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

  7         relating to designation of family preservation

  8         programs by the health and human services

  9         boards; providing a directive to the statute

10         editors to conform terminology; providing

11         incentive grants for children's services

12         council or juvenile welfare board; providing

13         requirements; authorizing rules; requiring the

14         Correctional Privatization Commission in

15         consultation with the Department of Children

16         and Family Services to issue a request for

17         proposal for the financing, design,

18         construction, acquisition, ownership, leasing,

19         and operation of a specified secure facility to

20         house and rehabilitate certain sexual

21         predators; authorizing the Secretary of

22         Children and Family Services to approve the

23         request for proposal, the successful bidder,

24         and the contract; providing authority for the

25         commission to enter into a contract with a

26         provider; providing authority of the contractor

27         with respect to financing of the project;

28         providing authority of the state to enter into

29         certain agreements; providing for termination

30         of a specified program upon completion of the

31         facility; amending s. 409.145, F.S.;


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                                         HB 2125, Second Engrossed



  1         authorizing the Department of Children and

  2         Family Services to continue providing foster

  3         care services to certain individuals who are

  4         enrolled full-time in a degree-granting program

  5         in a postsecondary educational institution;

  6         specifying circumstances under which such

  7         services shall be terminated; providing an

  8         effective date.

  9

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

11

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

13  Statutes, is amended to read:

14         20.04  Structure of executive branch.--The executive

15  branch of state government is structured as follows:

16         (4)  Within the Department of Children and Family

17  Services there are organizational units called "program

18  offices," headed by program directors assistant secretaries.

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

20  to read:

21         (Substantial rewording of section. See

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

23         20.19  Department of Children and Families.--There is

24  created a Department of Children and Family Services.

25         (1)  MISSION AND PURPOSE.--

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

27  Family Services is to work in partnership with local

28  communities to ensure the safety, well being, and

29  self-sufficiency of the people served.

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

31  fulfilling its mission and establish a set of measurable


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                                         HB 2125, Second Engrossed



  1  goals, objectives, performance standards, and quality

  2  assurance requirements to ensure that the department is

  3  accountable to the people of Florida.

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

  5  appropriations, the department shall deliver services by

  6  contract through private providers.

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

  8  SECRETARY.--

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

10  Children and Family Services. The secretary is appointed by

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

12  secretary serves at the pleasure of the Governor.

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

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

15  secretary is directly responsible to the secretary, performs

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

17  the pleasure of the secretary.

18         (c)  The secretary has the authority and responsibility

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

20  accordance with state and federal laws, rules, and

21  regulations.

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

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

24  The secretary may delegate to the program directors

25  responsibilities for the management, policy, program, and

26  fiscal functions of the department.

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

28         (a)  The department is authorized to establish program

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

30  a director or other management position who shall be appointed

31  by and serves at the pleasure of the secretary.


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                                         HB 2125, Second Engrossed



  1         (b)  The following program offices are established:

  2         1.  Adult Services.

  3         2.  Child Care Services.

  4         3.  Developmental Disabilities.

  5         4.  Economic Self-Sufficiency Services.

  6         5.  Family Safety.

  7         6.  Mental Health.

  8         7.  Refugee Services.

  9         8.  Substance Abuse.

10         (c)  Program offices and support offices may be

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

12  consultation with the Executive Office of the Governor,

13  provided any such consolidation, restructuring, or rearranging

14  is capable of meeting functions and activities and achieving

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

16  regulations. The secretary may appoint additional managers and

17  administrators as he or she determines are necessary for the

18  effective management of the department.

19         (5)  SERVICE DISTRICTS.--

20         (a)  The department shall plan and administer its

21  programs of family services through service districts and

22  subdistricts composed of the following counties:

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

24  Walton Counties.

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

26  Bay, Jackson, Calhoun, and Gulf Counties.

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

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

29  Counties.

30

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                                         HB 2125, Second Engrossed



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

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

  3  Alachua Counties.

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

  5  Johns Counties.

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

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

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

  9  Osceola Counties.

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

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

12  Counties.

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

14  Glades, Hendry, and Collier Counties.

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

16         13.  District 10.--Broward County.

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

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

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

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

21  and Lake Counties.

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

23  Counties.

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

25  and Martin Counties.

26         (b)  The secretary shall appoint a district

27  administrator for each of the service districts.  The district

28  administrator shall serve at the pleasure of the secretary and

29  shall perform such duties as assigned by the secretary.

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

31  include transferring up to 10 percent of the total district


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                                         HB 2125, Second Engrossed



  1  budget, the provisions of ss. 216.292 and 216.351

  2  notwithstanding.

  3         (6)  COMMUNITY ALLIANCES.--

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

  5  communities, establish a community alliance of the

  6  stakeholders, community leaders, client representatives and

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

  8  point for community participation and governance of

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

10  county when such arrangement is determined to provide for more

11  effective representation.  The community alliance shall

12  represent the diversity of the community.

13         (b)  The duties of the community alliance shall

14  include, but not necessarily be limited to:

15         1.  Joint planning for resource utilization in the

16  community, including resources appropriated to the department

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

18         2.  Needs assessment and establishment of community

19  priorities for service delivery.

20         3.  Determining community outcome goals to supplement

21  state-required outcomes.

22         4.  Serving as a catalyst for community resource

23  development.

24         5.  Providing for community education and advocacy on

25  issues related to delivery of services.

26         6.  Promoting prevention and early intervention

27  services.

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

29  extent possible, that the formation of each community alliance

30  builds on the strengths of the existing community human

31  services infrastructure.


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                                         HB 2125, Second Engrossed



  1         (d)  The initial membership of the community alliance

  2  in a county shall be composed of the following:

  3         1.  The district administrator.

  4         2.  A representative from county government.

  5         3.  A representative from the school district.

  6         4.  A representative from the county United Way.

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

  8         6.  A representative from the circuit court

  9  corresponding to the county.

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

11  if one exists.

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

13  community alliance, the community alliance shall adopt bylaws

14  and may increase the membership of the alliance to include

15  individuals and organizations who represent funding

16  organizations, are community leaders, have knowledge of

17  community-based service issues, or otherwise represent

18  perspectives that will enable them to accomplish the duties

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

20  such change is necessary to adequately represent the diversity

21  of the population within the community alliance service

22  districts.

23         (f)  Members of the community alliances shall serve

24  without compensation, but are entitled to receive

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

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

27  child care expenses or lost wages for members who are

28  consumers of the department's services and for preapproved

29  child care expenses for other members who demonstrate

30  hardship. 

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                                         HB 2125, Second Engrossed



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

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

  3  Public Officers and Employees.

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

  5  consistent with department policy and state and federal laws,

  6  rules, and regulations.

  7         (i)  Alliance members shall annually submit a

  8  disclosure statement of services interests to the department's

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

10  under consideration by the alliance must abstain from voting

11  on that matter.

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

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

14  119.07(1).

15         (7)  PROTOTYPE REGION.--

16         (a)  Notwithstanding the provisions of this section,

17  the department may consolidate the management and

18  administrative structure or function of the geographic area

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

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

21  department shall evaluate the efficiency and effectiveness of

22  the operation of the prototype region and upon a determination

23  that there has been a demonstrated improvement in management

24  and oversight of services or cost savings from more efficient

25  administration of services, the secretary may consolidate

26  management and administration of additional areas of the

27  state.  Any such additional consolidation shall comply with

28  the provisions of subsection (5) unless legislative

29  authorization to the contrary is provided.

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                                         HB 2125, Second Engrossed



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

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

  3  consolidated geographic area.

  4         (c)  The department is authorized to contract for

  5  children's services with a lead agency in each county of the

  6  prototype area, except that the lead agency contract may cover

  7  more than one county when it is determined that such coverage

  8  will provide more effective or efficient services. The duties

  9  of the lead agency shall include, but not necessarily be

10  limited to:

11         1.  Directing and coordinating the program and

12  children's services within the scope if its contract.

13         2.  Contracting for the provision of core services,

14  including intake and eligibility, assessment, service

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

16  obtain approval from the department to provide core services,

17  including intake and eligibility, assessment, service

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

19  department that such lead agency is the only appropriate

20  organization within the service district capable of providing

21  such service or services within the department's quality

22  assurance and performance standards.

23         3.  Creating a service provider network capable of

24  delivering the services contained in client service plans,

25  which shall include identifying the necessary services, the

26  necessary volume of services, and possible utilization

27  patterns and negotiating rates and expectations with

28  providers.

29         4.  Managing and monitoring of provider contracts and

30  subcontracts.

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                                         HB 2125, Second Engrossed



  1         5.  Developing and implementing an effective bill

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

  3  fashion.

  4         6.  Providing or arranging for administrative services

  5  necessary to support service delivery.

  6         7.  Utilizing departmentally approved training and

  7  meeting departmentally defined credentials and standards.

  8         8.  Providing for performance measurement in accordance

  9  with the department's quality assurance program and providing

10  for quality improvement and performance measurement.

11         9.  Developing and maintaining effective interagency

12  collaboration to optimize service delivery.

13         10.  Ensuring that all federal and state reporting

14  requirements are met.

15         11.  Operating a consumer complaint and grievance

16  process.

17         12.  Ensuring that services are coordinated and not

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

19  and Medicaid.

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

21  409.1671 related to community-based care.

22         (8)  CONSULTATION WITH COUNTIES ON MANDATED

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

24  county governments are required by law to participate in the

25  funding of programs, the department shall consult with

26  designated representatives of county governments in developing

27  policies and service delivery plans for those programs.

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

29  in chapter 287 shall require competitive bids for health

30  services involving examination, diagnosis, or treatment.

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                                         HB 2125, Second Engrossed



  1         Section 3.  The Department of Children and Family

  2  Services shall report to the Speaker of the House of

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

  4  2001, on the status of implementation of the prototype region

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

  6         Section 4.  Section 39.3065, Florida Statutes, is

  7  amended to read:

  8         39.3065  Sheriffs of Pasco, Manatee, and Pinellas

  9  Counties to provide child protective investigative services;

10  procedures; funding.--

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

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

13  1999-2000, transfer all responsibility for child protective

14  investigations for Pinellas County, Manatee County, Broward

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

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

17  have occurred. Each sheriff is responsible for the provision

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

19  Each individual who provides these services must complete the

20  training provided to and required of protective investigators

21  employed by the Department of Children and Family Services.

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

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

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

25  Funding for the services will be appropriated to the

26  Department of Children and Family Services, and the department

27  shall transfer to the respective sheriffs for the duration of

28  fiscal year 1998-1999, funding for the investigative

29  responsibilities assumed by the sheriffs, including federal

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

31  that portion of general revenue funds which is currently


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                                         HB 2125, Second Engrossed



  1  associated with the services that are being furnished under

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

  3  investigative, supervisory, and clerical positions; training;

  4  all associated equipment; furnishings; and other fixed capital

  5  items. The contract must specify whether the department will

  6  continue to perform part or none of the child protective

  7  investigations during the initial year. The sheriffs may

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

  9  subcontract with law enforcement officials or with properly

10  trained employees of private agencies to conduct

11  investigations related to neglect cases only. If such a

12  subcontract is awarded, the sheriff must take full

13  responsibility for any safety decision made by the

14  subcontractor and must immediately respond with law

15  enforcement staff to any situation that requires removal of a

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

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

18  are to be performed by departmental employees or by persons

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

20  department is responsible for quality assurance, and the

21  department retains the responsibility for the performance of

22  all child protective investigations. The department must

23  identify any barriers to transferring the entire

24  responsibility for child protective services to the sheriffs'

25  offices and must pursue avenues for removing any such barriers

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

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

28  the President of the Senate, the Speaker of the House of

29  Representatives, and the chairs of the Senate and House

30  committees that oversee departmental activities a report that

31  describes any remaining barriers, including any that pertain


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                                         HB 2125, Second Engrossed



  1  to funding and related administrative issues. Unless the

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

  3  information, acts to block a transfer of the entire

  4  responsibility for child protective investigations to the

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

  6  County, Broward County, and Pinellas County, beginning in

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

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

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

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

11  Pinellas County have the responsibility to provide all child

12  protective investigations in their respective counties.

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

14  and Family Services is authorized to enter into grant

15  agreements with sheriffs of other counties to perform child

16  protective investigations in their respective counties.

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

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

19  with the performance standards and outcome measures

20  established by the Legislature for protective investigations

21  conducted by the Department of Children and Family Services.

22  Each individual who provides these services must complete, at

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

24  investigators employed by the Department of Children and

25  Family Services.

26         (c)  Funds for providing child protective

27  investigations in Pasco County, Manatee County, and Pinellas

28  County must be identified in the annual appropriation made to

29  the Department of Children and Family Services, which shall

30  award grants for the full amount identified to the respective

31  sheriffs' offices. Notwithstanding the provisions of ss.


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                                         HB 2125, Second Engrossed



  1  216.181(15)(b) and 216.351, the Department of Children and

  2  Family Services may advance payments to the sheriffs for child

  3  protective investigations. Funds for the child protective

  4  investigations may not be integrated into the sheriffs'

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

  6  performance of child protective investigations must be

  7  maintained separately from all other records of the sheriffs'

  8  offices and reported annually to the Department of Children

  9  and Family Services.

10         (d)  Program performance evaluation shall be based on

11  criteria mutually agreed upon by the respective sheriffs and

12  the Department of Children and Family Services. The program

13  performance evaluation shall be conducted by a team of peer

14  reviewers from the respective sheriffs' offices that perform

15  child protective investigations and representatives from the

16  department. a committee of seven persons appointed by the

17  Governor and selected from those persons serving on the

18  Department of Children and Family Services District 5 Health

19  and Human Services Board and District 6 Health and Human

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

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

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

23  appointees must be residents of Pinellas County. Such

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

25  individuals appointed must have demonstrated experience in

26  outcome evaluation, social service areas of protective

27  investigation, or child welfare supervision. The Department of

28  Children and Family Services committee shall submit an annual

29  report regarding quality performance, outcome-measure

30  attainment, and cost efficiency to the President of the

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


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                                         HB 2125, Second Engrossed



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

  2  sheriffs are receiving general appropriations to provide child

  3  protective investigations.

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

  5  Broward County shall perform the same child protective

  6  investigative services according to the same standards as are

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

  8  and Pasco County under this section. This subsection expires

  9  July 1, 2000.

10         Section 5.  Section 393.502, Florida Statutes, is

11  amended to read:

12         393.502  Family care councils.--

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

14  and located within each service district of the department of

15  Children and Family Services a district family care council.

16         (2)  MEMBERSHIP.--

17         (a)  Each district family care The council shall

18  consist of at least 10 and no more than 15 members nine

19  persons recommended by a majority vote of the district family

20  care council and appointed by the Governor district health and

21  human services board.

22         (b)  At least three One-half of the members of the

23  council must be consumers. One such member shall be a consumer

24  who received developmental services within the 4 years prior

25  to the date of recommendation, or the legal guardian of such a

26  consumer. The remainder of the council members shall be

27  parents, guardians, or siblings who are family members or

28  legal guardians of persons with developmental disabilities who

29  qualify for developmental services pursuant to this chapter.

30  At least one-half of the members of the council shall be

31  current consumers of developmental services.


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                                         HB 2125, Second Engrossed



  1         (c)  A person who is currently serving on another board

  2  or council of the department may not be appointed to a

  3  district family care council.

  4         (d)  Employees of the department are not eligible to

  5  serve on a district family care council.

  6         (e)  Persons related by consanguinity or affinity

  7  within the third degree shall not serve on the same district

  8  family care council at the same time.

  9         (f)  A chair chairperson for the council shall must be

10  chosen by the council members to serve for 1 year. A person

11  may serve no more than four 1-year terms as chair.

12         (3)  TERMS; VACANCIES.--

13         (a)  Council members shall be appointed for a 3-year

14  2-year term, except as provided in subsection (8), and may be

15  reappointed to not more than one additional term. A person who

16  is currently serving on another board or council of the

17  department may not be appointed to a family care council.

18         (b)  A member who has served two consecutive terms

19  shall not be eligible to serve again until 12 months have

20  elapsed since ending his or her service on the district

21  council.

22         (c)  Upon expiration of a term or in the case of any

23  other vacancy, the district council shall, by majority vote,

24  recommend to the Governor for appointment a person for each

25  vacancy. If the Governor does not act on the council's

26  recommendations within 45 days after receiving them, the

27  persons recommended shall be considered to be appointed.

28         (4)  COMMITTEE APPOINTMENTS.--The chair of the district

29  family care council may appoint persons to serve on council

30  committees. Such persons may include former members of the

31  council and persons not eligible to serve on the council.


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                                         HB 2125, Second Engrossed



  1         (5)  TRAINING.--

  2         (a)  The department, in consultation with the district

  3  councils, shall establish a training program for district

  4  family care council members. Each district shall provide the

  5  training program when new persons are appointed to the

  6  district council and at other times as the secretary deems

  7  necessary.

  8         (b)  The training shall assist the council members to

  9  understand the laws, rules, and policies applicable to their

10  duties and responsibilities.

11         (c)  All persons appointed to a district council must

12  complete this training within 90 days after their appointment.

13  A person who fails to meet this requirement shall be

14  considered to have resigned from the council.

15         (6)(2)  MEETINGS; CONTINUED EXISTENCE.--Council members

16  shall serve on a voluntary basis without payment for their

17  services but shall be reimbursed for per diem and travel

18  expenses as provided for in s. 112.061.  The council shall

19  meet at least six times per year once a month.

20         (7)(3)  PURPOSE.--The purpose of the district family

21  care councils shall be to advise the health and human services

22  boards of the department and its district advisory boards, to

23  develop a plan for the delivery of developmental services

24  family support within the district, and to monitor the

25  implementation and effectiveness of services and support

26  provided under the plan.  The primary functions of the

27  district family care councils shall be to:

28         (a)  Assist in providing information and outreach to

29  families.

30

31


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                                         HB 2125, Second Engrossed



  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         (8)  NEW COUNCILS.--When a district family care council

10  is established for the first time in a district, the Governor

11  shall appoint the first four council members, who shall serve

12  3-year terms. These members shall submit to the Governor,

13  within 90 days after their appointment, recommendations for at

14  least six additional members, selected by majority vote. If

15  the Governor does not act on the recommendations within 45

16  days after receiving them, the persons recommended shall be

17  considered to be appointed. Those members recommended for

18  appointment by the Governor shall serve for 2 years.

19         (9)  FUNDING; FINANCIAL REVIEW.--The district family

20  care council may apply for, receive, and accept grants, gifts,

21  donations, bequests, and other payments from any public or

22  private entity or person. Each district council shall be

23  subject to an annual financial review by district staff

24  assigned by the district administrator. Each district council

25  shall exercise care and prudence in the expenditure of funds.

26  The district family care councils shall comply with state

27  expenditure requirements.

28         Section 6.  Section 393.503, Florida Statutes, is

29  amended to read:

30         393.503  Respite and family care subsidy expenditures;

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


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                                         HB 2125, Second Engrossed



  1  determine the amount of expenditures per fiscal year for the

  2  respite and family care subsidy to families and individuals

  3  with developmental disabilities living in their own homes.

  4  This information shall be made available to the family care

  5  councils and to others requesting the information.  The family

  6  care councils shall review the expenditures and make

  7  recommendations to the department health and human services

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

  9  for family care.

10         Section 7.  Section 402.73, Florida Statutes, is

11  created to read:

12         402.73  Contracting and performance standards.--

13         (1)  The Department of Children and Family Services

14  shall establish performance standards for all contracted

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

16  department must competitively procure any contract for client

17  services when any of the following occurs:

18         (a)  The provider fails to meet appropriate performance

19  standards established by the department after the provider has

20  been given a reasonable opportunity to achieve the established

21  standards.

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

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

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

25         (c)  The department has concluded, after reviewing

26  market prices and available treatment options, that there is

27  evidence that the department can improve the performance

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

29  department shall review market prices and available treatment

30  options biennially. The department shall compile the results

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


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                                         HB 2125, Second Engrossed



  1  performance report to the Legislature pursuant to chapter

  2  94-249, Laws of Florida. The department shall provide notice

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

  4  prices and available treatment options.

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

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

  7  this subsection, unless the secretary makes a written

  8  determination that particular facts and circumstances require

  9  deferral of the competitive process. Facts and circumstances

10  must be specifically described for each individual contract

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

12  following:

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

14  welfare of the department's clients.

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

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

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

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

19  community which could endanger the well-being of the

20  department's clients.

21

22  Competitive procurement of client services contracts that meet

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

24  than 1 year.

25         (3)  The Legislature intends that the department obtain

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

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

28  clients receiving services, and that minimizes the disruption

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

30  the department may adopt rules providing procedures for the

31  competitive procurement of contracted client services which


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                                         HB 2125, Second Engrossed



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

  2  invitation-to-bid process. The alternative competitive

  3  procedures shall permit the department to solicit professional

  4  qualifications from prospective providers and to evaluate such

  5  statements of qualification before requesting service

  6  proposals. The department may limit the firms invited to

  7  submit service proposals to only those firms that have

  8  demonstrated the highest level of professional capability to

  9  provide the services under consideration, but may not invite

10  fewer than three firms to submit service proposals, unless

11  fewer than three firms submitted satisfactory statements of

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

13  allow the department to evaluate competing proposals and

14  select the proposal that provides the greatest benefit to the

15  state while considering the quality of the services,

16  dependability, and integrity of the provider, the

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

18  the provider in serving target populations or client groups

19  substantially identical to members of the target population

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

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

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

23  governments. These alternative procedures need not conform to

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

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

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

27  shall execute multiyear contracts to make the most efficient

28  use of the resources devoted to contract processing and

29  execution.

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

31  segment of its consumer population, the department may


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                                         HB 2125, Second Engrossed



  1  competitively procure and contract for systems of treatment or

  2  service that involve multiple providers, rather than procuring

  3  and contracting for treatment or services separately from each

  4  participating provider. The department must ensure that all

  5  providers that participate in the treatment or service system

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

  7  and cost-control requirements. If other governmental entities

  8  or units of special purpose government contribute matching

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

10  service, the department shall formally request information

11  from those funding entities in the procurement process and may

12  take the information received into account in the selection

13  process. If a local government contributes match to support

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

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

16  the department shall afford the governmental match contributor

17  an opportunity to name an employee to the selection team

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

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

20  The selection team shall include the named employee unless the

21  department sets forth in writing the reason such inclusion

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

23  governmental entity or unit of special purpose government may

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

25  political subdivisions, executive agencies, or special

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

27  The governmental funding entity or match contributor shall

28  comply with any deadlines and procurement procedures

29  established by the department. The department may also involve

30  nongovernmental funding entities in the procurement process

31  when appropriate.


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                                         HB 2125, Second Engrossed



  1         (6)  The department may contract for or provide

  2  assessment and case management services independently from

  3  treatment services.

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

  5  for including in its contracts incremental penalties to be

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

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

  8  corrective action. Any financial penalty that is imposed upon

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

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

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

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

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

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

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

16  discretion, any additional parties that the department

17  believes may be helpful in obtaining the corrective action

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

19  department must include provisions that permit the department

20  to deduct the financial penalties from funds that would

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

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

23  period of noncompliance. If the department imposes a financial

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

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

26  request for payment constitutes a ground for the department to

27  reject that request for payment. The remedies identified in

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

29  application of any other remedy available to it in the

30  contract or under law. The remedies described in this

31  subsection may be cumulative and may be assessed upon each


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                                         HB 2125, Second Engrossed



  1  separate failure to comply with instructions from the

  2  department to complete corrective action.

  3         (8)  The department shall develop standards of conduct

  4  and a range of disciplinary actions for its employees which

  5  are specifically related to carrying out contracting

  6  responsibilities.

  7         (9)  The department must implement systems and controls

  8  to ensure financial integrity and service provision quality in

  9  the developmental services Medicaid waiver service system. The

10  Auditor General shall include specific reference to systems

11  and controls related to financial integrity in the

12  developmental services Medicaid waiver service system in his

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

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

15  standards established in the contract, the department may

16  allow a reasonable period for the provider to correct

17  performance deficiencies. If performance deficiencies are not

18  resolved to the satisfaction of the department within the

19  prescribed time, and if no extenuating circumstances can be

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

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

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

23  provider for the services for which the contract was

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

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

26  provider fails to meet the performance standards established

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

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

29  performance deficiencies. If the performance deficiencies are

30  not resolved to the satisfaction of the department within 6

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


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                                         HB 2125, Second Engrossed



  1  substance abuse provider, unless there is no other qualified

  2  provider in the service district.

  3         (11)  The department shall include in its standard

  4  contract document a requirement that it file a lien against

  5  the property where facilities are located which have been

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

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

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

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

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

11  the property is located upon the execution of the contract

12  authorizing such construction or renovation. The lien must

13  specify that the department has a financial interest in the

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

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

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

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

18  proportionately reduced and subsequently vacated over a

19  20-year period of depreciation. The contract must include a

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

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

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

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

24  initial investment, as adjusted by depreciation.

25         (12)  The department shall develop and refine

26  contracting and accountability methods that are

27  administratively efficient and that provide for optimal

28  provider performance.

29         (13)  The department may competitively procure any

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

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


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                                         HB 2125, Second Engrossed



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

  2  ability to competitively procure any contract it executes, and

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

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

  5  administrative or judicial protest of the department's

  6  determination to conduct competition, make an award, or

  7  execute any contract.

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

  9  performance-based incentives that may vary according to the

10  extent a provider achieves or surpasses the performance

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

12  weighted proportionally to reflect the extent to which the

13  provider has demonstrated that it has consistently met or

14  exceeded the contractual requirements and the department's

15  performance standards.

16         (15)  Nothing contained in chapter 287 shall require

17  competitive bids for health services involving examination,

18  diagnosis, or treatment.

19         Section 8.  Section 402.731, Florida Statutes, is

20  created to read:

21         402.731  Department of Children and Family Services

22  certification programs for employees and service providers;

23  employment provisions for transition to community-based

24  care.--

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

26  authorized to create certification programs for its employees

27  and service providers to ensure that only qualified employees

28  and service providers provide client services. The department

29  is authorized to develop rules that include qualifications for

30  certification, including training and testing requirements,

31  continuing education requirements for ongoing certification,


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                                         HB 2125, Second Engrossed



  1  and decertification procedures to be used to determine when an

  2  individual no longer meets the qualifications for

  3  certification and to implement the decertification of an

  4  employee or agent.

  5         (2)  The department shall develop and implement

  6  employment programs to attract and retain competent staff to

  7  support and facilitate the transition to privatized

  8  community-based care. Such employment programs shall include

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

10  severance pay. The department shall also contract for the

11  delivery or administration of outplacement services. The

12  department shall establish time-limited exempt positions as

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

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

15  such exempt positions shall have the same salaries and

16  benefits as career service employees.

17         Section 9.  Paragraphs (a), (b), and (d) of subsection

18  (1), paragraph (c) of subsection (3), and paragraph (a) of

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

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

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

22  section, to read:

23         409.1671  Foster care and related services;

24  privatization.--

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

26  Department of Children and Family Services shall privatize the

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

28  further the Legislature's intent to encourage communities and

29  other stakeholders in the well-being of children to

30  participate in assuring that children are safe and

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


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                                         HB 2125, Second Engrossed



  1  governments are presently funding portions of certain foster

  2  care and related services programs and may choose to expand

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

  4  its privatization of foster care and related services that any

  5  county, municipality, or special district be required to

  6  assist in funding programs that previously have been funded by

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

  8  municipality, or special district from future voluntary

  9  funding participation in foster care and related services. As

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

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

12  submit a plan to accomplish privatization statewide, through a

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

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

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

16  Representatives, the Governor, and the minority leaders of

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

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

19  community-based providers that are currently under contract

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

21  related services, and must include a methodology for

22  determining and transferring all available funds, including

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

24  earn and that portion of general revenue funds which is

25  currently associated with the services that are being

26  furnished under contract. Notwithstanding the provisions of s.

27  215.425, all documented federal funds earned for the current

28  fiscal year by the department and community-based agencies

29  which exceed the amount appropriated by the Legislature shall

30  be distributed to all entities that contributed to the excess

31  earnings based on a schedule and methodology developed by the


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                                         HB 2125, Second Engrossed



  1  department and approved by the Executive Office of the

  2  Governor. Distribution shall be pro rata based on total

  3  earnings and shall be made only to those entities that

  4  contributed to excess earnings. Excess earnings of

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

  6  which they were earned. Additional state funds appropriated by

  7  the Legislature for community-based agencies or made available

  8  pursuant to the budgetary amendment process described in s.

  9  216.177 shall be transferred to the community-based agencies.

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

11  to permit expenditure of the funds. The distribution program

12  applies only to entities that were under privatization

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

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

15  2002. The Office of Program Policy Analysis and Government

16  Accountability shall review this program and report to the

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

18  program to determine how the additional resources were used,

19  the number of additional clients served, the improvements in

20  quality of service attained, the performance outcomes

21  associated with the additional resources, and the feasibility

22  of continuing or expanding this program. The methodology must

23  provide for the transfer of funds appropriated and budgeted

24  for all services and programs that have been incorporated into

25  the project, including all management, capital (including

26  current furniture and equipment), and administrative funds to

27  accomplish the transfer of these programs. This methodology

28  must address expected workload and at least the 3 previous

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

30  any district or portion of a district in which privatization

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


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                                         HB 2125, Second Engrossed



  1  department must clearly state in its plan the reasons the

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

  3  remediate the obstacles, which may include alternatives to

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

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

  6  preservation, independent living, emergency shelter,

  7  residential group care, foster care, therapeutic foster care,

  8  intensive residential treatment, foster care supervision, case

  9  management, postplacement supervision, permanent foster care,

10  and family reunification. Unless otherwise provided for,

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

12  or the Office of the Attorney General shall provide child

13  welfare legal services, pursuant to chapter 39 and other

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

15  and Manatee Counties.  Such legal services shall commence and

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

17  respective state attorney or the Office of the Attorney

18  General, after the privatization of associated programs and

19  child protective investigations has occurred.  When a private

20  nonprofit agency has received case management

21  responsibilities, transferred from the state under this

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

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

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

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

26  child is unavailable and his or her whereabouts cannot

27  reasonably be ascertained. The private nonprofit agency may

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

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

30  or her whereabouts cannot reasonably be ascertained, and a

31  court order for such emergency medical services cannot be


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                                         HB 2125, Second Engrossed



  1  obtained because of the severity of the emergency or because

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

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

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

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

  6  circumstances.

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

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

  9  department shall contract for the provision of child

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

11  county. The secretary of the department may authorize more

12  than one eligible lead community-based provider within a

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

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

15  privatization project, such agency must have:

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

17  all child protective services in the designated community in

18  cooperation with child protective investigations.

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

20  to exit for all children referred from the protective

21  investigation and court systems.

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

23  through a local network of providers, all necessary child

24  protective services.

25         4.  The willingness to accept accountability for

26  meeting the outcomes and performance standards related to

27  child protective services established by the Legislature and

28  the Federal Government.

29         5.  The capability and the willingness to serve all

30  children referred to it from the protective investigation and

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


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                                         HB 2125, Second Engrossed



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

  2  transferred.

  3         6.  The willingness to ensure that each individual who

  4  provides child protective services completes the training

  5  required of child protective service workers by the Department

  6  of Children and Family Services.

  7         (d)  Other than an entity to which s. 768.28 applies,

  8  any eligible lead community-based provider, as defined in

  9  paragraph (b), or its employees or officers, except as

10  otherwise provided in paragraph (e), must, as a part of its

11  contract, obtain a minimum of $1 million per claim/$3 million

12  per incident in general liability insurance coverage. In any

13  tort action brought against such an eligible lead

14  community-based provider, net economic damages shall be

15  limited to $1 million per claim, including, but not limited

16  to, past and future medical expenses, wage loss, and loss of

17  earning capacity, offset by any collateral source payment paid

18  or payable. In any tort action brought against such an

19  eligible lead community-based provider, noneconomic damages

20  shall be limited to $200,000 per claim. A claims bill may be

21  brought on behalf of a claimant pursuant to s. 768.28 for any

22  amount exceeding the limits specified in this paragraph. Any

23  offset of collateral source payments made as of the date of

24  the settlement or judgment shall be in accordance with s.

25  768.76. The lead community-based provider shall not be liable

26  in tort for the acts or omissions of its subcontractors or the

27  officers, agents, or employees of its subcontractors.

28         (3)

29         (c)  The annual contract between the department and

30  community-based agencies must include provisions that specify

31  the procedures to be used by the parties to resolve


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                                         HB 2125, Second Engrossed



  1  differences in interpreting the contract or to resolve

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

  3  their respective obligations under the contract.

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

  5  assurance program for privatized services. The quality

  6  assurance program shall be based on standards established may

  7  be performed by a national accrediting organization such as

  8  the Council on Accreditation of Services for Families and

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

10  Rehabilitation Facilities (CARF). The department may shall

11  develop a request for proposal for such oversight. This

12  program must be developed and administered at a statewide

13  level. The Legislature intends that the department be

14  permitted to have limited flexibility to use funds for

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

16  2000, the department may transfer up to 0.125 percent of the

17  total funds from categories used to pay for these

18  contractually provided services, but the total amount of such

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

20  When necessary, the department may establish, in accordance

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

22  devoted to these functions. Any positions required under this

23  paragraph may be established, notwithstanding ss.

24  216.262(1)(a) and 216.351. The department, in consultation

25  with the community-based agencies that are undertaking the

26  privatized projects, shall establish minimum thresholds for

27  each component of service, consistent with standards

28  established by the Legislature. Each program operated under

29  contract with a community-based agency must be evaluated

30  annually by the department. The department shall submit an

31  annual report regarding quality performance, outcome measure


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                                         HB 2125, Second Engrossed



  1  attainment, and cost efficiency to the President of the

  2  Senate, the Speaker of the House of Representatives, the

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

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

  5  project in operation during the preceding fiscal year.

  6         (7)  The department is authorized to establish and

  7  administer a risk pool to reduce the financial risk to

  8  eligible lead community-based providers resulting from

  9  unanticipated caseload growth.

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

11  documented federal funds earned for the current fiscal year by

12  the department and community-based agencies which exceed the

13  amount appropriated by the Legislature shall be distributed to

14  all entities that contributed to the excess earnings based on

15  a schedule and methodology developed by the department and

16  approved by the Executive Office of the Governor. Distribution

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

18  only to those entities that contributed to excess earnings.

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

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

21  state funds appropriated by the Legislature for

22  community-based agencies or made available pursuant to the

23  budgetary amendment process described in s. 216.177 shall be

24  transferred to the community-based agencies. The department

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

26  expenditure of the funds. The distribution program applies

27  only to entities that were under privatization contracts as of

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

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

30  Office of Program Policy Analysis and Government

31  Accountability shall review this program and report to the


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                                         HB 2125, Second Engrossed



  1  President of the Senate and the Speaker of the House of

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

  3  the program to determine how the additional resources were

  4  used, the number of additional clients served, the

  5  improvements in quality of service attained, the performance

  6  outcomes associated with the additional resources, and the

  7  feasibility of continuing or expanding this program.

  8         Section 10.  Section 409.1675, Florida Statutes, is

  9  created to read:

10         409.1675  Lead community-based providers;

11  receivership.--

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

13  petition a court of competent jurisdiction for the appointment

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

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

16  exist:

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

18  without a license as a child-placing agency.

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

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

21  arrangements have not been made for another lead

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

23  uninterrupted provision of services.

24         (c)  The department determines that conditions exist in

25  the lead community-based provider that present an imminent

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

27  children under that provider's care or supervision.

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

29  current financial obligations to its employees, contractors,

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

31  delinquent obligations for payment of salaries or utilities,


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                                         HB 2125, Second Engrossed



  1  or invoices for essential services or commodities, shall

  2  constitute prima facie evidence that the lead community-based

  3  provider lacks the financial ability to meet its financial

  4  obligations.

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

  6  precedence over other court business unless the court

  7  determines that some other pending proceeding, having

  8  statutory precedence, has priority.

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

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

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

12  receiver should be appointed. The department shall give

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

14  community-based provider.

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

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

17  and the continued existence of the condition or conditions

18  jeopardize the health, safety, or welfare of dependent

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

20  determines that one or more of the conditions in subsection

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

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

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

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

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

26  officer of the lead community-based provider.

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

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

29  extensions. Sixty days after appointment of a receiver and

30  every 30 days thereafter until the receivership is terminated,

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


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                                         HB 2125, Second Engrossed



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

  2  safety, and welfare of the dependent children under its

  3  supervision.

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

  5  reasonably necessary to ensure the continued health, safety,

  6  and welfare of the dependent children under the supervision of

  7  the lead community-based provider and shall exercise those

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

  9  including, but not limited to:

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

11  protect or conserve the assets or property of the lead

12  community-based provider.

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

14  provider in the provision of care and services to dependent

15  children.

16         (c)  Entering into contracts and hiring agents and

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

18  under this section.

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

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

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

22  compensation, including benefits, approved by the court.

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

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

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

26  the receivership.

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

28  separate account and shall use this account for all

29  disbursements.

30

31


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                                         HB 2125, Second Engrossed



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

  2  lead community-based provider shall discharge any obligation

  3  to the provider to the extent of the payment.

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

  5  relief from obligations entered into by the lead

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

  7  interest required to be paid under the agreement was

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

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

10  any material provision of the agreement was unreasonable, when

11  compared to contracts negotiated under similar conditions. Any

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

13  the life of the receivership, unless otherwise determined by

14  the court.

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

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

17  receivership and may grant to the receiver such other

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

19  welfare of the children served.

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

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

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

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

24  should the department be appointed receiver.

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

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

27  performance of these duties.

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

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

30  longer necessary because the conditions which gave rise to the

31  receivership no longer exist; or


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                                         HB 2125, Second Engrossed



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

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

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

  4  previous provider.

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

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

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

  8  receiver has taken possession, of all funds collected and

  9  disbursed, and of the expenses of the receivership.

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

11  relieve any employee of the lead community-based provider

12  placed in receivership of any civil or criminal liability

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

14  omissions of the employee prior to the appointment of a

15  receiver; nor shall anything contained in this section be

16  construed to suspend during the receivership any obligation of

17  the employee for payment of taxes or other operating or

18  maintenance expenses of the lead community-based provider or

19  for the payment of mortgages or liens.

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

21  Statutes, is amended to read:

22         20.43  Department of Health.--There is created a

23  Department of Health.

24         (5)  The department shall plan and administer its

25  public health programs through its county health departments

26  and may, for administrative purposes and efficient service

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

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

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

30  the service districts of the Department of Children and Family

31  Services health and human services boards established in s.


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                                         HB 2125, Second Engrossed



  1  20.19 and, to the extent practicable, shall take into

  2  consideration the boundaries of the jobs and education

  3  regional boards.

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

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

  6  Statutes, are amended to read:

  7         39.001  Purposes and intent; personnel standards and

  8  screening.--

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

10  with the Federal Government, other state departments and

11  agencies, county and municipal governments and agencies,

12  public and private agencies, and private individuals and

13  corporations in carrying out the purposes of, and the

14  responsibilities established in, this chapter.

15         (e)  The department shall develop and implement a

16  written and performance-based testing and evaluation program

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

18  all employees assigned to manage or supervise cases of child

19  abuse, abandonment, and neglect.

20         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

21         (b)  The development of the comprehensive state plan

22  shall be accomplished in the following manner:

23         1.  The department shall establish an interprogram task

24  force comprised of the Program Director for Family Safety

25  Assistant Secretary for Children and Family Services, or a

26  designee, a representative from the Child Care Services

27  Children and Families Program Office, a representative from

28  the Family Safety Program Office, a representative from the

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

30  representative from the Substance Abuse Program Office, a

31  representative from the Developmental Disabilities Services


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                                         HB 2125, Second Engrossed



  1  Program Office, a representative from the Office of Standards

  2  and Evaluation, and a representative from the Division of

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

  4  Representatives of the Department of Law Enforcement and of

  5  the Department of Education shall serve as ex officio members

  6  of the interprogram task force. The interprogram task force

  7  shall be responsible for:

  8         a.  Developing a plan of action for better coordination

  9  and integration of the goals, activities, and funding

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

11  neglect conducted by the department in order to maximize staff

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

13  included in the state plan.

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

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

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

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

18         c.  Providing the districts with technical assistance

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

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

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

22  have not, informing the districts of the deficiencies and

23  requesting the additional information needed.

24         e.  Preparing the state plan for submission to the

25  Legislature and the Governor. Such preparation shall include

26  the collapsing of information obtained from the local plans,

27  the cooperative plans with the Department of Education, and

28  the plan of action for coordination and integration of

29  departmental activities into one comprehensive plan. The

30  comprehensive plan shall include a section reflecting general

31  conditions and needs, an analysis of variations based on


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                                         HB 2125, Second Engrossed



  1  population or geographic areas, identified problems, and

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

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

  4  provide a statewide perspective. The plan shall also include

  5  each separate local plan of action.

  6         f.  Working with the specified state agency in

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

  8  5.

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

10  the Department of Health shall work together in developing

11  ways to inform and instruct parents of school children and

12  appropriate district school personnel in all school districts

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

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

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

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

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

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

19  and the Department of Health shall work together in developing

20  ways to inform and instruct appropriate local law enforcement

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

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

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

24         4.  Within existing appropriations, the department

25  shall work with other appropriate public and private agencies

26  to emphasize efforts to educate the general public about the

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

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

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

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

31  plan.


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                                         HB 2125, Second Engrossed



  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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                                         HB 2125, Second Engrossed



  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

31


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                                         HB 2125, Second Engrossed



  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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                                         HB 2125, Second Engrossed



  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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                                         HB 2125, Second Engrossed



  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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                                         HB 2125, Second Engrossed



  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

31


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                                         HB 2125, Second Engrossed



  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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                                         HB 2125, Second Engrossed



  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

31


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                                         HB 2125, Second Engrossed



  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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                                         HB 2125, Second Engrossed



  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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                                         HB 2125, Second Engrossed



  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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                                         HB 2125, Second Engrossed



  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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                                         HB 2125, Second Engrossed



  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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                                         HB 2125, Second Engrossed



  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 (20) is added to section

15  397.321, Florida Statutes, to read:

16         397.321  Duties of the department.--The department

17  shall:

18         (20)  The department may establish in district 9, in

19  cooperation with the Palm Beach County Board of County

20  Commissioners, a pilot project to serve in a managed care

21  arrangement non-Medicaid eligible persons who qualify to

22  receive substance abuse or mental health services from the

23  department. The department may contract with a not for profit

24  entity to conduct the pilot project. The results of the pilot

25  project shall be reported to the district administrator, and

26  the Secretary eighteen months after the initiation. The

27  department shall incur no additional administrative costs for

28  the pilot project.

29         Section 29.  Subsection (3) of section 397.821, Florida

30  Statutes, is amended to read:

31


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                                         HB 2125, Second Engrossed



  1         397.821  Juvenile substance abuse impairment prevention

  2  and early intervention councils.--

  3         (3)  The council shall provide recommendations to the

  4  Program Director for Substance Abuse Assistant Secretary for

  5  Alcohol, Drug Abuse, and Mental Health annually for

  6  consideration for inclusion in the district alcohol, drug

  7  abuse, and mental health planning councils for consideration

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

  9  health plans.

10         Section 30.  Subsection (4) of section 397.901, Florida

11  Statutes, is amended to read:

12         397.901  Prototype juvenile addictions receiving

13  facilities.--

14         (4)  The department shall adopt rules necessary to

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

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

17  Health Program Office and must specify criteria for staffing

18  and services delineated for the provision of graduated levels

19  of care from nonintensive to environmentally secure for the

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

21  the prevention of elopement.

22         Section 31.  Subsection (2) of section 400.435, Florida

23  Statutes, is amended to read:

24         400.435  Maintenance of records; reports.--

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

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

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

28  inspection to the district ombudsman council in whose planning

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

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

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


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                                         HB 2125, Second Engrossed



  1  inspected assisted living facility is located; and, when

  2  appropriate, to the district Adult Services and district

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

  4         Section 32.  Paragraph (a) of subsection (1) of section

  5  402.17, Florida Statutes, is amended to read:

  6         402.17  Claims for care and maintenance; trust

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

  8  shall protect the financial interest of the state with respect

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

10  maintenance of clients of the department. The department

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

12  clients and property designated for the personal benefit of

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

14  and property entrusted to it in accordance with the usual

15  fiduciary standards applicable generally to trustees, and

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

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

18  money and property.

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

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

21         1.  Receive and supervise the collection of sums due

22  the state.

23         2.  Bring any court action necessary to collect any

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

25  guardian of any client or former client, executor or

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

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

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

29  client's property filed with any court.

30         4.  Obtain from the Economic Self-Sufficiency Services

31  Program Office a financial status report on any client or


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                                         HB 2125, Second Engrossed



  1  former client, including the ability of third parties

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

  3  the client's care and maintenance.

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

  5  administrator for an otherwise unrepresented client or former

  6  client should the financial status report or other information

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

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

  9         6.  Represent the interest of the state in any

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

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

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

13  agency on behalf of an unrepresented client.

14         8.  Represent the state in the settlement of the

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

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

17  have a claim has a financial interest.

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

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

20  maintenance, if such amounts would otherwise cause the client

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

22  best interests.

23         Section 33.  Paragraph (a) of subsection (1) and

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

25  amended to read:

26         402.3015  Subsidized child care program; purpose; fees;

27  contracts.--

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

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

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

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


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                                         HB 2125, Second Engrossed



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

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

  3  children, unless prohibited by federal law. Priority for

  4  participation in the subsidized child care program shall be

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

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

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

  8  Family Safety Children and Families Program Office;

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

10  shall contract for support services for children who are

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

12  Families Program Office and who participate in the subsidized

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

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

15  child nutrition services, and parent training and family

16  counseling activities.

17         Section 34.  Subsection (6) of section 402.40, Florida

18  Statutes, is amended to read:

19         402.40  Child welfare training academies established;

20  Child Welfare Standards and Training Council created;

21  responsibilities of council; Child Welfare Training Trust Fund

22  created.--

23         (6)  TIMEFRAME FOR ESTABLISHMENT OF TRAINING

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

25  established and have operational at least one training

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

27  department shall contract for the operation of one or more

28  training academies the academy with Tallahassee Community

29  College.  The number, location, and timeframe for

30  establishment of additional training academies shall be

31


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                                         HB 2125, Second Engrossed



  1  according to the recommendation of the council as approved by

  2  the Secretary of Children and Family Services.

  3         Section 35.  Subsection (2) of section 402.47, Florida

  4  Statutes, is amended to read:

  5         402.47  Foster grandparent and retired senior volunteer

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

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

  8  Rehabilitative Services shall:

  9         (a)  Establish a program to provide foster grandparent

10  and retired senior volunteer services to high-risk and

11  handicapped children.  Foster grandparent services and retired

12  senior volunteer services to high-risk and handicapped

13  children shall be under the supervision of the department

14  Deputy Secretary for Human Services, in coordination with

15  intraagency and interagency programs and agreements as

16  provided for in s. 411.203.

17         (b)  In authorized districts, contract with foster

18  grandparent programs and retired senior volunteer programs for

19  services to high-risk and handicapped children, utilizing

20  funds appropriated for handicap prevention.

21         (c)  Develop guidelines for the provision of foster

22  grandparent services and retired senior volunteer services to

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

24  the implementation of the program.

25         (d)  Coordinate with the Federal Action State Office

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

27  and Child Development regarding the development of criteria

28  for program elements and funding.

29         Section 36.  Subsection (7) of section 409.152, Florida

30  Statutes, is amended to read:

31         409.152  Service integration and family preservation.--


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                                         HB 2125, Second Engrossed



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

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

  3  President of the Senate, the Speaker of the House of

  4  Representatives, and the appropriate substantive committees of

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

  6  state and district plans described in this section and the

  7  results or accomplishments of any district family preservation

  8  programs established by the health and human services boards.

  9         Section 37.  Paragraphs (a) and (b) of subsection (2)

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

11         409.1673  Legislative findings; alternate care plans.--

12         (2)  ALTERNATE CARE PLANS.--

13         (a)  The department must, in a collaborative

14  partnership with community service providers, annually develop

15  and administer an objective plan with respect to services for

16  dependent children. The district's community service providers

17  Each service district must annually develop and submit to the

18  district administrator health and human services board by

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

20  alternate care plan that specifies the assessment and case

21  planning process and prescribes the services needed to ensure

22  the most appropriate alternate care placement for dependent

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

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

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

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

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

28  services, including substance abuse treatment services, mental

29  health services, developmental services, educational and

30  remedial literacy services, medical services, family services,

31  and other specialized services.


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                                         HB 2125, Second Engrossed



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

  2  collaboration with community service providers, foster parent

  3  providers, licensed residential child care providers, mental

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

  5  school system representatives, juvenile justice council

  6  members, and other community representatives, and must be

  7  approved by the district administrator health and human

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

  9  beginning of each fiscal year for use in preparing the

10  legislative budget request for the following fiscal year.

11         Section 38.  Paragraph (a) of subsection (1) of section

12  410.0245, Florida Statutes, is amended to read:

13         410.0245  Study of service needs; report; multiyear

14  plan.--

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

16  the Department of Children and Family Services shall contract

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

18  disabled adult population served or waiting to be served by

19  the community care for disabled adults program.  The Division

20  of Vocational Rehabilitation of the Department of Labor and

21  Employment Security and other appropriate state agencies shall

22  provide information to the Department of Children and Family

23  Services when requested for the purposes of this study.

24         Section 39.  Paragraph (a) of subsection (6) of section

25  411.01, Florida Statutes, is amended to read:

26         411.01  Florida Partnership for School Readiness;

27  school readiness coalitions.--

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

29  shall be established for children under the age of

30  kindergarten eligibility. Priority for participation in the

31


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                                         HB 2125, Second Engrossed



  1  school readiness program shall be given to children who meet

  2  one or more of the following criteria:

  3         (a)  Children under the age of kindergarten eligibility

  4  who are:

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

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

  7  Family Safety Children and Family Services Program Office of

  8  the Department of Children and Family Services.

  9         2.  Children at risk of welfare dependency, including

10  economically disadvantaged children, children of participants

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

12  children of teen parents.

13         3.  Children of working families whose family income

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

15         Section 40.  Section 411.223, Florida Statutes, is

16  amended to read:

17         411.223  Uniform standards.--

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

19  Rehabilitative Services, in consultation with the Department

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

21  each preschool child who receives preventive health care with

22  state funds.  Preventive health care services shall meet the

23  minimum standards established by federal law for the Early

24  Periodic Screening, Diagnosis, and Treatment Program and shall

25  provide guidance on screening instruments which are

26  appropriate for identifying health risks and handicapping

27  conditions in preschool children.

28         (2)  Duplicative diagnostic and planning practices

29  shall be eliminated to the extent possible. Diagnostic and

30  other information necessary to provide quality services to

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


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                                         HB 2125, Second Engrossed



  1  program offices of the Department of Children and Family

  2  Health and Rehabilitative Services, pursuant to the provisions

  3  of s. 228.093.

  4         Section 41.  Paragraphs (c), (d), and (g) of subsection

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

  6  are amended to read:

  7         411.224  Family support planning process.--The

  8  Legislature establishes a family support planning process to

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

10  the service planning process for targeted individuals,

11  children, and families under its purview.

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

13  the following populations must be included in the family

14  support planning process:

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

16  by the Developmental Disabilities Services Program Office of

17  the Department of Children and Family Services.

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

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

20  of the Department of Children and Family Services.

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

22  by the voluntary family services, protective supervision,

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

24  Child Care Services Children and Families Program Office of

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

26  eligible for ongoing services from one or more other programs

27  or agencies that participate in family support planning;

28  however, children served by the voluntary family services

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

30  or less, are excluded from this population.

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                                         HB 2125, Second Engrossed



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

  2  address the problems of the various family members unless the

  3  family requests that an individual family support plan be

  4  developed for different members of that family.  The family

  5  support plan must replace individual habilitation plans for

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

  7  Developmental Disabilities Services Program Office of the

  8  Department of Children and Family Services.  To the extent

  9  possible, the family support plan must replace other

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

11  Family Services.

12         Section 42.  Paragraph (a) of subsection (1) of section

13  414.028, Florida Statutes, is amended to read:

14         414.028  Local WAGES coalitions.--The WAGES Program

15  State Board of Directors shall create and charter local WAGES

16  coalitions to plan and coordinate the delivery of services

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

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

19  the boundaries of the service area for the regional workforce

20  development board established under the Enterprise Florida

21  workforce development board. The local delivery of services

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

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

24  local service providers designated by the regional workforce

25  development boards.

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

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

28  business community. The composition of the coalition

29  membership must generally reflect the racial, gender, and

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

31


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                                         HB 2125, Second Engrossed



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

  2  coalition must include:

  3         1.  Representatives of the principal entities that

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

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

  6  including, but not limited to, representatives of local

  7  government, the regional workforce development board, and the

  8  United Way.

  9         2.  A representative of the district administrator in

10  the appropriate district of the Department of Children and

11  Family Services health and human services board.

12         3.  A representative of a community development board.

13         4.  Three representatives of the business community who

14  represent a diversity of sizes of businesses.

15         5.  Representatives of other local planning,

16  coordinating, or service-delivery entities.

17         6.  A representative of a grassroots community or

18  economic development organization that serves the poor of the

19  community.

20         Section 43.  Paragraph (e) of subsection (2) of section

21  414.105, Florida Statutes, is amended to read:

22         414.105  Time limitations of temporary cash

23  assistance.--Unless otherwise expressly provided in this

24  chapter, an applicant or current participant shall receive

25  temporary cash assistance for episodes of not more than 24

26  cumulative months in any consecutive 60-month period that

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

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

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

30  requirements may earn 1 month of eligibility for extended

31  temporary cash assistance, up to maximum of 12 additional


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                                         HB 2125, Second Engrossed



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

  2  complying with the work activities of the WAGES Program

  3  through subsidized or unsubsidized public or private sector

  4  employment. The period for which extended temporary cash

  5  assistance is granted shall be based upon compliance with

  6  WAGES Program requirements beginning October 1, 1996. A

  7  participant may not receive temporary cash assistance under

  8  this subsection, in combination with other periods of

  9  temporary cash assistance for longer than a lifetime limit of

10  48 months. Hardship exemptions to the time limitations of this

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

12  subsequent years, as determined by the department and approved

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

14  hardship exemptions include:

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

16  a participating family that has reached the end of the

17  eligibility period for temporary cash assistance. The

18  recommendation must be the result of a review which determines

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

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

21  emergency shelter or foster care. Temporary cash assistance

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

23  Child Care Services Children and Families Program Office of

24  the department shall conduct all assessments in each case in

25  which it appears a child may require continuation of temporary

26  cash assistance through a protective payee.

27

28  At the recommendation of the local WAGES coalition, temporary

29  cash assistance under a hardship exemption for a participant

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

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                                         HB 2125, Second Engrossed



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

  2  participant, full benefits shall be restored.

  3         Section 44.  Subsection (3) of section 414.36, Florida

  4  Statutes, is amended to read:

  5         414.36  Public assistance overpayment recovery program;

  6  contracts.--

  7         (3)  The Economic Self-Sufficiency Services Program

  8  Office of the department shall have responsibility for

  9  contract management and for monitoring and policy development

10  functions relating to privatization of the public assistance

11  overpayment recovery program.

12         Section 45.  Subsection (4) of section 916.107, Florida

13  Statutes, is amended to read:

14         916.107  Rights of forensic clients.--

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

16  pursuant to this chapter shall receive treatment or training

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

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

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

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

21  rehabilitative services as the client's condition requires to

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

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

24  department is directed to coordinate the services of the

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

26  Developmental Disabilities Services Program Office with all

27  other programs of the department and other appropriate state

28  agencies.

29         Section 46.  Paragraph (e) of subsection (1) of section

30  985.223, Florida Statutes, is amended to read:

31         985.223  Incompetency in juvenile delinquency cases.--


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                                         HB 2125, Second Engrossed



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

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

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

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

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

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

  7         (e)  For incompetency evaluations related to mental

  8  retardation, the court shall order the Developmental

  9  Disabilities Services Program Office within the Department of

10  Children and Family Services to examine the child to determine

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

12  393.063 and, if so, whether the child is competent to proceed

13  with delinquency proceedings.

14         Section 47.  Paragraphs (b) and (d) of subsection (3)

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

16  Florida Statutes, are amended to read:

17         985.413  District juvenile justice boards.--

18         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

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

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

21  follows:

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

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

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

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

26  members; and Walton County, 1 member.

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

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

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

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

31  County, 1 member; Calhoun County, 1 member; Gulf County, 1


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                                         HB 2125, Second Engrossed



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

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

  3  County, 1 member; Jefferson County, 1 member; Madison County,

  4  1 member; and Taylor County, 1 member.

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

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

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

  8  member; Suwannee County, 1 member; Lafayette County, 1 member;

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

10  County, 1 member; Levy County, 1 member; Union County, 1

11  member; Bradford County, 1 member; Putnam County, 1 member;

12  and Alachua County, 5 members.

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

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

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

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

17  2 members; and St. Johns County, 1 member.

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

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

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

21  and Pinellas County, 9 members.

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

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

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

25  members; and Manatee County, 3 members.

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

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

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

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

30  and Brevard County, 3 members.

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                                         HB 2125, Second Engrossed



  1         (VIII)  District 8 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: Sarasota County, 3

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

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

  6  1 member; and Collier County, 2 members.

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

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

  9  Palm Beach County.

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

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

12  Broward County.

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

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

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

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

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

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

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

20  members; and Volusia County, 9 members.

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

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

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

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

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

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

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

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

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

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

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


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                                         HB 2125, Second Engrossed



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

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

  3  members; and Martin County, 3 members.

  4

  5  The district administrator of the Department of Children and

  6  Family Services in each district may health and human services

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

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

  9  established under this sub-subparagraph.

10         b.  In any judicial circuit where a juvenile

11  delinquency and gang prevention council exists on the date

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

13  subdistrict boundaries are identical, such council shall

14  become the district juvenile justice board, and shall

15  thereafter have the purposes and exercise the authority and

16  responsibilities provided in this section.

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

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

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

20  members, and composition of the board to adequately reflect

21  the diversity of the population and community organizations in

22  the district.

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

24  Appointments to fill vacancies created by death, resignation,

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

26  may not serve more than three full consecutive terms.

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

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

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

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

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                                         HB 2125, Second Engrossed



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

  2  Governor.

  3         5.  Members are subject to the provisions of chapter

  4  112, part III, Code of Ethics for Public Officers and

  5  Employees.

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

  7  power, and duty to:

  8         1.  Advise the district juvenile justice manager and

  9  the district administrator on the need for and the

10  availability of juvenile justice programs and services in the

11  district, including the educational services in Department of

12  Juvenile Justice programs.

13         2.  Develop a district juvenile justice plan that is

14  based upon the juvenile justice plans developed by each county

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

16  county within the district.

17         3.  Develop a district interagency cooperation and

18  information-sharing agreement that supplements county

19  agreements and expands the scope to include appropriate

20  circuit and district officials and groups.

21         4.  Coordinate the efforts of the district juvenile

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

23  Justice and Delinquency Prevention Advisory Committee and

24  other public and private entities.

25         5.  Advise and assist the district juvenile justice

26  manager in the provision of optional, innovative delinquency

27  services in the district to meet the unique needs of

28  delinquent children and their families.

29         6.  Develop, in consultation with the district juvenile

30  justice manager, funding sources external to the Department of

31  Juvenile Justice for the provision and maintenance of


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                                         HB 2125, Second Engrossed



  1  additional delinquency programs and services. The board may,

  2  either independently or in partnership with one or more county

  3  juvenile justice councils or other public or private entities,

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

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

  6  public agencies, and from public and private foundations,

  7  agencies, and charities for the purpose of funding optional

  8  innovative prevention, diversion, or treatment services in the

  9  district for delinquent children and children at risk of

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

11  department shall provide fiscal agency services for the

12  councils.

13         7.  Educate the community about and assist in the

14  community juvenile justice partnership grant program

15  administered by the Department of Juvenile Justice.

16         8.  Advise the district administrator of the Department

17  of Children and Family Services health and human services

18  board, the district juvenile justice manager, and the

19  Secretary of Juvenile Justice regarding the development of the

20  legislative budget request for juvenile justice programs and

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

22  coordination with the district administrator health and human

23  services board, make recommendations, develop programs, and

24  provide funding for prevention and early intervention programs

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

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

27  delinquency within the district or region.

28         9.  Assist the district juvenile justice manager in

29  collecting information and statistical data useful in

30  assessing the need for prevention programs and services within

31  the juvenile justice continuum program in the district.


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                                         HB 2125, Second Engrossed



  1         10.  Make recommendations with respect to, and monitor

  2  the effectiveness of, the judicial administrative plan for

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

  4  Administration.

  5         11.  Provide periodic reports to the district

  6  administrator health and human services board in the

  7  appropriate district of the Department of Children and Family

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

  9  the clients served by the juvenile justice programs and

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

11  needs of juveniles within the district.

12         12.  Provide a written annual report on the activities

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

14  Juvenile Justice, and the Juvenile Justice Accountability

15  Board. The report should include an assessment of the

16  effectiveness of juvenile justice continuum programs and

17  services within the district, recommendations for elimination,

18  modification, or expansion of existing programs, and

19  suggestions for new programs or services in the juvenile

20  justice continuum that would meet identified needs of children

21  and families in the district.

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

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

24  hearings and other appropriate processes to solicit input

25  regarding the development and updating of the district

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

27  include, but are not limited to:

28         1.  Local level public and private service providers,

29  advocacy organizations, and other organizations working with

30  delinquent children.

31         2.  County and municipal governments.


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                                         HB 2125, Second Engrossed



  1         3.  State agencies that provide services to children

  2  and their families.

  3         4.  University youth centers.

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

  5  Florida Bar.

  6         6.  Victims of crimes committed by children.

  7         7.  Law enforcement.

  8         8.  Delinquent children and their families and

  9  caregivers.

10

11  The district juvenile justice board must develop its district

12  juvenile justice plan in close cooperation with the

13  appropriate health and human services board of the Department

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

15  law enforcement agencies, and other community groups and must

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

17  Department of Juvenile Justice shall provide to district

18  juvenile justice boards routinely collected ethnicity data.

19  The Department of Law Enforcement shall include ethnicity as a

20  field in the Florida Intelligence Center database, and shall

21  collect the data routinely and make it available to district

22  juvenile justice boards.

23         Section 48.  Subsection (2) of section 402.185 and

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

25  repealed.

26         Section 49.  Children's services council or juvenile

27  welfare board incentive grants.--

28         (1)  Subject to specific appropriations, it is the

29  intent of the Legislature to provide incentives to encourage

30  children's services councils or juvenile welfare boards to

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                                         HB 2125, Second Engrossed



  1  provide support to local child welfare programs related to

  2  implementation of community-based care.

  3         (a)  A children's services council or juvenile welfare

  4  board, as authorized in s. 125.901, Florida Statutes, may

  5  submit a request for funding or continued funding to the

  6  Department of Children and Family Services to support programs

  7  funded by the council or board for local child welfare

  8  services related to implementation of community-based care.

  9         (b)  The Department of Children and Family Services

10  shall establish grant application procedures.

11         (2)  The Department of Children and Family Services

12  shall make award determinations no later than October 1 of

13  each year.  All applicants shall be notified by the department

14  of its final action.

15         (3)  Each council or board that is awarded a grant as

16  provided for in this section shall submit performance and

17  output information as determined by the Department of Children

18  and Family Services.

19         (4)  The Department of Children and Family Services

20  shall establish rules as necessary to implement this section.

21         Section 50.  (1)  The Correctional Privatization

22  Commission created under chapter 957, Florida Statutes, in

23  consultation with the Department of Children and Family

24  Services, shall develop and issue a request for proposal for

25  the financing, design, construction, acquisition, ownership,

26  leasing, and operation of a secure facility of at least 400

27  beds to house and rehabilitate sexual predators committed

28  under the Jimmy Ryce Act of 1998. The Secretary of Children

29  and Family Services shall retain final approval of the request

30  for proposal, the successful bidder, and the contract.

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                                         HB 2125, Second Engrossed



  1         (2)  This constitutes specific legislative

  2  authorization for the Correctional Privatization Commission to

  3  enter into a contract with a provider for the financing,

  4  design, construction, acquisition, ownership, leasing, and

  5  operation of a secure facility to house and rehabilitate

  6  sexual predators to be constructed upon the grounds of the

  7  DeSoto Correctional Facility in DeSoto County housing the

  8  DeSoto Correctional Institute.

  9         (3)  The selected contractor for the financing, design,

10  construction, acquisition, ownership, leasing and operation of

11  the secure facility is authorized to enter into a lease

12  arrangement or other private financing, or to sponsor the

13  issuance of tax exempt bonds, certificates of participation,

14  or other public or private means to finance the facility. The

15  state is authorized to enter into all such agreements as are

16  necessary, including lease alternatives, to bring the facility

17  to an operational state and to commence leasing of the

18  facility.

19         (4)  Upon completion of the sexual predator secure

20  treatment facility in DeSoto County, the Martin Sexually

21  Violent Predator Treatment and Retaining Program shall be

22  phased out, to be terminated within 1 year of completion of

23  the facility.

24         Section 51.  Paragraphs (a) and (b) of subsection (3)

25  of section 409.145, Florida Statutes, are amended to read:

26         409.145  Care of children.--

27         (3)(a)  The department is authorized to continue to

28  provide the services of the children's foster care program to

29  individuals 18 to 21 years of age who are enrolled in high

30  school, in a program leading to a high school equivalency

31  diploma as defined in s. 229.814, or in a full-time career


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                                         HB 2125, Second Engrossed



  1  education program, and to continue to provide services of the

  2  children's foster care program to individuals 18 to 23 years

  3  of age who are enrolled full-time in a postsecondary

  4  educational institution granting a degree, a certificate, or

  5  an applied technology diploma, if the following requirements

  6  are met:

  7         1.  The individual was committed to the legal custody

  8  of the department for placement in foster care as a dependent

  9  child;

10         2.  All other resources have been thoroughly explored,

11  and it can be clearly established that there are no

12  alternative resources for placement; and

13         3.  A written service agreement which specifies

14  responsibilities and expectations for all parties involved has

15  been signed by a representative of the department, the

16  individual, and the foster parent or licensed child-caring

17  agency providing the placement resources.

18         (b)  The services of the foster care program shall

19  continue for those individuals 18 to 21 years of age only for

20  the period of time the individual is continuously enrolled in

21  high school, in a program leading to a high school equivalency

22  diploma as defined in s. 229.814, or in a full-time career

23  education program; and shall continue for those individuals 18

24  to 23 years of age only for the period of time the individual

25  is continuously enrolled full-time in a postsecondary

26  educational institution granting a degree, a certificate, or

27  an applied technology diploma. Services shall be terminated

28  upon completion of or withdrawal or permanent expulsion from

29  high school, the program leading to a high school equivalency

30  diploma, or the full-time career education program, or the

31


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                                         HB 2125, Second Engrossed



  1  postsecondary educational institution granting a degree, a

  2  certificate, or an applied technology diploma.

  3         Section 52.  This act shall take effect July 1, 2000.

  4

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