Senate Bill sb1282c1

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    Florida Senate - 2004                           CS for SB 1282

    By the Committee on Appropriations; and Senator Peaden





    309-2354-04

  1                      A bill to be entitled

  2         An act relating to the structure of the

  3         executive branch of government; amending s.

  4         20.04, F.S.; revising requirements for the

  5         internal structure of specified agencies;

  6         amending s. 20.19, F.S.; providing for deputy

  7         secretaries and assistant secretaries within

  8         the Department of Children and Family Services;

  9         specifying duties of the assistant secretaries;

10         providing for the service areas of the

11         department to be organized into zones and

12         districts rather than service districts;

13         requiring the secretary of the department to

14         appoint a zone director for each zone;

15         specifying duties of the zone directors;

16         continuing for an additional fiscal year

17         certain transfer authority of the secretary of

18         the department; providing an effective date.

19  

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

21  

22         Section 1.  Section 20.04, Florida Statutes, is amended

23  to read:

24         20.04  Structure of executive branch.--The executive

25  branch of state government is structured as follows:

26         (1)  The department is the principal administrative

27  unit of the executive branch. Each department must bear a

28  title beginning with the words "State of Florida" and

29  continuing with "Department of ....."

30  

31  

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    Florida Senate - 2004                           CS for SB 1282
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 1         (2)  For field operations, departments may establish

 2  district or area offices that combine division, bureau,

 3  section, and subsection functions.

 4         (3)  Except as otherwise provided in subsections (4),

 5  (5), and (6) For their internal structure, all departments,

 6  except for the Department of Financial Services, the

 7  Department of Children and Family Services, the Department of

 8  Corrections, the Department of Management Services, and the

 9  Department of Revenue, and the Department of Transportation,

10  must adhere to the following standard terms for their internal

11  structure:

12         (a)  The principal unit of the department is the

13  "division." Each division is headed by a "director."

14         (b)  The principal unit of the division is the

15  "bureau." Each bureau is headed by a "chief."

16         (c)  The principal unit of the bureau is the "section."

17  Each section is headed by an "administrator."

18         (d)  If further subdivision is necessary, sections may

19  be divided into "subsections," which are headed by

20  "supervisors."

21         (4)  Within the Department of Children and Family

22  Services there may also be are organizational units called

23  "program offices," headed by program directors. Program

24  offices shall be below a division but above a bureau.

25         (5)  Within the Department of Corrections the principal

26  policy and program development unit of the department is the

27  "office." Each "office" is headed by a director.

28         (6)  Within the Department of Transportation the

29  principal policy and program development unit of the

30  department is the "office." Each "office" is headed by a

31  director.

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    Florida Senate - 2004                           CS for SB 1282
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 1         (7)(a)  Unless specifically authorized by law, the head

 2  of a department may not reallocate duties and functions

 3  specifically assigned by law to a specific unit of the

 4  department. Those functions or agencies assigned generally to

 5  the department without specific designation to a unit of the

 6  department may be allocated and reallocated to a unit of the

 7  department at the discretion of the head of the department.

 8         (b)  Within the limitations of this subsection, the

 9  head of the department may recommend the establishment of

10  additional divisions, bureaus, sections, and subsections of

11  the department to promote efficient and effective operation of

12  the department. However, additional divisions, or offices in

13  the Department of Children and Family Services, the Department

14  of Corrections, and the Department of Transportation, may be

15  established only by specific statutory enactment. New program

16  offices, bureaus, sections, and subsections of departments may

17  be initiated by a department and established as recommended by

18  the Department of Management Services and approved by the

19  Executive Office of the Governor, or may be established by

20  specific statutory enactment.

21         (c)  For the purposes of such recommendations and

22  approvals, the Department of Management Services and the

23  Executive Office of the Governor, respectively, must adopt and

24  apply specific criteria for assessing the appropriateness of

25  all reorganization requests from agencies. The criteria must

26  be applied to future agency requests for reorganization and

27  must be used to review the appropriateness of bureaus

28  currently in existence. Any current bureau that does not meet

29  the criteria for a bureau must be reorganized into a section

30  or other appropriate unit.

31  

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    Florida Senate - 2004                           CS for SB 1282
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 1         (8)  The Executive Office of the Governor must maintain

 2  a current organizational chart of each agency of the executive

 3  branch, which must identify all divisions, program offices,

 4  bureaus, units, and subunits of the agency. Agencies must

 5  submit such organizational charts in accordance with

 6  guidelines established by the Executive Office of the

 7  Governor.

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

 9  to read:

10         20.19  Department of Children and Family

11  Services.--There is created a Department of Children and

12  Family Services.

13         (1)  MISSION AND PURPOSE.--

14         (a)  The mission of the department of Children and

15  Family Services is to work in partnership with local

16  communities to ensure the safety, well-being, and

17  self-sufficiency of the people served.

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

19  fulfilling its mission and establish a set of measurable

20  goals, objectives, performance standards, and quality

21  assurance requirements to ensure that the department is

22  accountable to the people of Florida.

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

24  appropriations, the department shall deliver services by

25  contract through private providers.

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

27  SECRETARY.--

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

29  Children and Family Services. The secretary is appointed by

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

31  secretary serves at the pleasure of the Governor.

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    Florida Senate - 2004                           CS for SB 1282
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 1         (b)  The secretary shall appoint a deputy secretary who

 2  shall perform act in the absence of the secretary. The deputy

 3  secretary is directly responsible to the secretary, performs

 4  such duties as are assigned by the secretary, and serve serves

 5  at the pleasure of the secretary.

 6         (3)(c)1.  ASSISTANT SECRETARY FOR SUBSTANCE ABUSE AND

 7  MENTAL HEALTH.-- The secretary shall appoint an Assistant

 8  Secretary for the Division of Substance Abuse and Mental

 9  Health. The assistant secretary shall serve at the pleasure of

10  the secretary and must have expertise in both areas of

11  responsibility and shall supervise the department's substance

12  abuse and mental health programs.

13         2.  The secretary shall also appoint a Program Director

14  for Substance Abuse and a Program Director for Mental Health

15  who have the requisite expertise and experience in their

16  respective fields to head the state's substance abuse and

17  mental health programs.

18         (a)a.  Each program director shall have line authority

19  over all district substance abuse and mental health program

20  management staff.

21         (b)b.  The assistant secretary shall enter into a

22  memorandum of understanding with each district or region

23  administrator, which must be approved by the secretary or the

24  secretary's designee, describing the working relationships

25  within each geographic area.

26         (c)c.  The mental health institutions shall report to

27  the Program Director for Mental Health.

28         (d)d.  Each program director shall have direct control

29  over the program's budget and contracts for services. Support

30  staff necessary to manage budget and contracting functions

31  

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    Florida Senate - 2004                           CS for SB 1282
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 1  within the department shall be placed under the supervision of

 2  the program directors.

 3         (d)  The secretary has the authority and responsibility

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

 5  accordance with state and federal laws, rules, and

 6  regulations.

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

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

 9  The secretary may delegate to the program directors

10  responsibilities for the management, policy, program, and

11  fiscal functions of the department.

12         (4)  ASSISTANT SECRETARY FOR PROGRAMS PROGRAM OFFICES

13  AND SUPPORT OFFICES.--

14         (a)  The secretary shall appoint an Assistant Secretary

15  for the Division of Programs. Except for Mental Health and

16  Substance Abuse, the assistant secretary shall supervise all

17  department program offices. The department is authorized to

18  establish program offices and support offices, each of which

19  shall be headed by a director or other management position who

20  shall be appointed by and serves at the pleasure of the

21  secretary.

22         (b)  The following program offices shall be are

23  established:

24         1.  Adult Services.

25         2.  Child Care Services.

26         3.  Developmental Disabilities.

27         4.  Economic Self-Sufficiency Services.

28         5.  Family Safety.

29         6.  Mental Health.

30         6.7.  Refugee Services.

31         8.  Substance Abuse.

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    Florida Senate - 2004                           CS for SB 1282
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 1         (c)  Program offices and support offices may be

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

 3  consultation with the Executive Office of the Governor,

 4  provided any such consolidation, restructuring, or rearranging

 5  is capable of meeting functions and activities and achieving

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

 7  regulations. The secretary may appoint additional managers and

 8  administrators as he or she determines are necessary for the

 9  effective management of the department.

10         (5)  ASSISTANT SECRETARY FOR ADMINISTRATION.--The

11  secretary shall appoint an Assistant Secretary for the

12  Division of Administration. The assistant secretary shall be

13  responsible for all administrative, financial, and budget

14  functions of the department.

15         (6)  ASSISTANT SECRETARY FOR OPERATIONS.--The secretary

16  shall appoint an Assistant Secretary for the Division of

17  Operations. The assistant secretary shall be responsible for

18  the management and operation of the department's zones and

19  districts.

20         (7)(5)  ZONES AND SERVICE DISTRICTS.--

21         (a)  The department shall plan and administer its

22  programs of family services through zones, service districts,

23  and subdistricts composed of the following counties:

24         1.  Panhandle Zone.--

25         a.1.  District 1.--Escambia, Santa Rosa, Okaloosa, and

26  Walton Counties.

27         b.2.  District 2, Subdistrict A.--Holmes, Washington,

28  Bay, Jackson, Calhoun, and Gulf Counties.

29         c.3.  District 2, Subdistrict B.--Gadsden, Liberty,

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

31  Counties.

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    Florida Senate - 2004                           CS for SB 1282
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 1         2.  Northeast Zone.--

 2         a.4.  District 3.--Hamilton, Suwannee, Lafayette,

 3  Dixie, Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and

 4  Alachua Counties.

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

 6  Johns Counties.

 7         c.  District 12.--Flagler and Volusia Counties.

 8         3.  The Suncoast Zone.--

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

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

11         4.  Central Zone.--

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

13  Osceola Counties.

14         b.9.  District 7, Subdistrict B.--Brevard County.

15         c.  District 13.--Marion, Citrus, Hernando, Sumter, and

16  Lake Counties.

17         d.  District 14.--Polk, Hardee, and Highlands Counties.

18         5.  Southern Zone.--

19         a.10.  District 8, Subdistrict A.--Sarasota and DeSoto

20  Counties.

21         b.11.  District 8, Subdistrict B.--Charlotte, Lee,

22  Glades, Hendry, and Collier Counties.

23         c.12.  District 9.--Palm Beach County.

24         d.13.  District 10.--Broward County.

25         e.  District 15.--Indian River, Okeechobee, St. Lucie,

26  and Martin Counties.

27         6.  District 11 Zone.--

28         a.14.  District 11, Subdistrict A.--Miami-Dade County.

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

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

31  

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    Florida Senate - 2004                           CS for SB 1282
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 1         17.  District 13.--Marion, Citrus, Hernando, Sumter,

 2  and Lake Counties.

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

 4  Counties.

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

 6  and Martin Counties.

 7         (b)  The secretary shall appoint zone directors for

 8  each of the zones. The zone directors shall serve at the

 9  pleasure of the secretary and be responsible for providing

10  administrative support, including programmatic technical

11  assistance, budget and financial services, data collection and

12  information technology services, and such other duties as

13  assigned by the secretary.

14         (c)(b)1.  The secretary shall appoint a district

15  administrator for each of the service districts.  The district

16  administrator shall serve at the pleasure of the secretary and

17  be responsible for the provision of program services and such

18  other shall perform such duties as assigned by the secretary.

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

20  include transferring up to 10 percent of the total district

21  budget, the provisions of ss. 216.292 and 216.351

22  notwithstanding.

23         2.  For the 2004-2005 2003-2004 fiscal year only, the

24  transfer authority provided in this subsection must be

25  specifically appropriated in the 2004-2005 2003-2004 General

26  Appropriations Act and shall be pursuant to the requirements

27  of s. 216.292. This subparagraph expires July 1, 2005 2004.

28         (c)  Each fiscal year the secretary shall, in

29  consultation with the relevant employee representatives,

30  develop projections of the number of child abuse and neglect

31  cases and shall include in the department's legislative budget

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    Florida Senate - 2004                           CS for SB 1282
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 1  request a specific appropriation for funds and positions for

 2  the next fiscal year in order to provide an adequate number of

 3  full-time equivalent:

 4         1.  Child protection investigation workers so that

 5  caseloads do not exceed the Child Welfare League Standards by

 6  more than two cases; and

 7         2.  Child protection case workers so that caseloads do

 8  not exceed the Child Welfare League Standards by more than two

 9  cases.

10         (8)(6)  COMMUNITY ALLIANCES.--

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

12  communities, establish a community alliance of the

13  stakeholders, community leaders, client representatives and

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

15  point for community participation and governance of

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

17  county when such arrangement is determined to provide for more

18  effective representation.  The community alliance shall

19  represent the diversity of the community.

20         (b)  The duties of the community alliance shall

21  include, but not necessarily be limited to:

22         1.  Joint planning for resource utilization in the

23  community, including resources appropriated to the department

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

25         2.  Needs assessment and establishment of community

26  priorities for service delivery.

27         3.  Determining community outcome goals to supplement

28  state-required outcomes.

29         4.  Serving as a catalyst for community resource

30  development.

31  

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 1         5.  Providing for community education and advocacy on

 2  issues related to delivery of services.

 3         6.  Promoting prevention and early intervention

 4  services.

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

 6  extent possible, that the formation of each community alliance

 7  builds on the strengths of the existing community human

 8  services infrastructure.

 9         (d)  The initial membership of the community alliance

10  in a county shall be composed of the following:

11         1.  The district administrator.

12         2.  A representative from county government.

13         3.  A representative from the school district.

14         4.  A representative from the county United Way.

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

16         6.  A representative from the circuit court

17  corresponding to the county.

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

19  if one exists.

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

21  community alliance, the community alliance shall adopt bylaws

22  and may increase the membership of the alliance to include the

23  state attorney for the judicial circuit in which the community

24  alliance is located, or his or her designee, the public

25  defender for the judicial circuit in which the community

26  alliance is located, or his or her designee, and other

27  individuals and organizations who represent funding

28  organizations, are community leaders, have knowledge of

29  community-based service issues, or otherwise represent

30  perspectives that will enable them to accomplish the duties

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

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    Florida Senate - 2004                           CS for SB 1282
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 1  such change is necessary to adequately represent the diversity

 2  of the population within the community alliance service

 3  districts.

 4         (f)  Members of the community alliances shall serve

 5  without compensation, but are entitled to receive

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

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

 8  child care expenses or lost wages for members who are

 9  consumers of the department's services and for preapproved

10  child care expenses for other members who demonstrate

11  hardship.

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

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

14  Public Officers and Employees.

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

16  consistent with department policy and state and federal laws,

17  rules, and regulations.

18         (i)  Alliance members shall annually submit a

19  disclosure statement of services interests to the department's

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

21  under consideration by the alliance must abstain from voting

22  on that matter.

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

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

25  119.07(1).

26         (9)(7)  PROTOTYPE REGION.--

27         (a)  Notwithstanding the provisions of this section,

28  the department may consolidate the management and

29  administrative structure or function of the geographic area

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

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

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 1  department shall evaluate the efficiency and effectiveness of

 2  the operation of the prototype region and upon a determination

 3  that there has been a demonstrated improvement in management

 4  and oversight of services or cost savings from more efficient

 5  administration of services, the secretary may consolidate

 6  management and administration of additional areas of the

 7  state.  Any such additional consolidation shall comply with

 8  the provisions of subsection (7) (5) unless legislative

 9  authorization to the contrary is provided.

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

11  authority defined in paragraph (7)(b) (5)(b) shall apply to

12  the consolidated geographic area.

13         (c)  The department is authorized to contract for

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

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

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

17  will provide more effective or efficient services. The duties

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

19  limited to:

20         1.  Directing and coordinating the program and

21  children's services within the scope of its contract.

22         2.  Providing or contracting for the provision of core

23  services, including intake and eligibility, assessment,

24  service planning, and case management.

25         3.  Creating a service provider network capable of

26  delivering the services contained in client service plans,

27  which shall include identifying the necessary services, the

28  necessary volume of services, and possible utilization

29  patterns and negotiating rates and expectations with

30  providers.

31  

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 1         4.  Managing and monitoring of provider contracts and

 2  subcontracts.

 3         5.  Developing and implementing an effective bill

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

 5  fashion.

 6         6.  Providing or arranging for administrative services

 7  necessary to support service delivery.

 8         7.  Utilizing departmentally approved training and

 9  meeting departmentally defined credentials and standards.

10         8.  Providing for performance measurement in accordance

11  with the department's quality assurance program and providing

12  for quality improvement and performance measurement.

13         9.  Developing and maintaining effective interagency

14  collaboration to optimize service delivery.

15         10.  Ensuring that all federal and state reporting

16  requirements are met.

17         11.  Operating a consumer complaint and grievance

18  process.

19         12.  Ensuring that services are coordinated and not

20  duplicated with other major payors, such as the local schools

21  and Medicaid.

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

23  409.1671 related to community-based care.

24         (10)(8)  CONSULTATION WITH COUNTIES ON MANDATED

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

26  county governments are required by law to participate in the

27  funding of programs, the department shall consult with

28  designated representatives of county governments in developing

29  policies and service delivery plans for those programs.

30         (11)(9)  PROCUREMENT OF HEALTH SERVICES.--Nothing

31  contained in chapter 287 shall require competitive bids for

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 1  health services involving examination, diagnosis, or

 2  treatment.

 3         Section 3.  This act shall take effect July 1, 2004.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 1282

 7                                 

 8  Amends s. 20.04, F.S., to set forth the organizational
    structure for the Department of Children and Family Services.
 9  
    Authorizes the creation of six zones, within the Department of
10  Children and Family Services, that are responsible for
    providing administrative support to the districts, including
11  programmatic technical assistance, budget and financial
    services, data collection, and information technology
12  services. The department estimates that the consolidation of
    organizational functions authorized in this bill would create
13  administrative efficiencies that will produce future cost
    savings.
14  
    Amends s.20.19, F.S., to extend for one year the ten percent
15  transfer authority limitation mandated for Fiscal Year
    2003-04.
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