HB 1845

1	A bill to be entitled
2	An act relating to the Department of Children and Family
3	Services; amending s. 20.04, F.S.; providing the location
4	for program offices within the organizational structure of
5	certain departments; amending s. 20.19, F.S.; providing
6	authority to the Secretary of Children and Family Services
7	to ensure the mission of the department is fulfilled;
8	removing the requirement that the secretary appoint a
9	deputy secretary; removing the requirement that such
10	deputy secretary act as secretary in the absence of the
11	secretary; providing additional duties for certain
12	assistant secretaries; requiring the secretary to appoint
13	certain additional assistant secretaries; providing
14	responsibilities; establishing additional program offices;
15	deleting certain program offices; creating certain zones;
16	requiring the secretary to appoint zone directors;
17	providing responsibilities; amending ss. 39.01, 216.177,
18	394.78, 394.9082, and  409.16745, F.S.; correcting cross
19	references; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsections (3) and (4), paragraph (b) of
24	subsection (7), and subsection (8) of section 20.04, Florida
25	Statutes, are amended to read:
26	20.04  Structure of executive branch.--The executive branch
27	of state government is structured as follows:
28	(3)  Except as otherwise provided in subsections (4), (5),
29	and (6) For their internal structure, all departments, except
30	for the Department of Financial Services, the Department of
31	Children and Family Services, the Department of Corrections, the
32	Department of Management Services, the Department of Revenue,
33	and the Department of Transportation, must adhere to the
34	following standard terms for their internal structure:
35	(a)  The principal unit of the department is the
36	"division." Each division is headed by a "director."
37	(b)  The principal unit of the division is the "bureau."
38	Each bureau is headed by a "chief."
39	(c)  The principal unit of the bureau is the "section."
40	Each section is headed by an "administrator."
41	(d)  If further subdivision is necessary, sections may be
42	divided into "subsections," which are headed by "supervisors."
43	(4)  Within the Department of Children and Family Services
44	there are organizational units called "program offices," headed
45	by program directors. Program offices shall be below a division
46	but above a bureau.
47	(7)
48	(b)  Within the limitations of this subsection, the head of
49	the department may recommend the establishment of additional
50	divisions, bureaus, sections, and subsections of the department
51	to promote efficient and effective operation of the department.
52	However, additional divisions, program offices, or offices in
53	the Department of Children and Family Services, the Department
54	of Corrections, and the Department of Transportation, may be
55	established only by specific statutory enactment. New bureaus,
56	sections, and subsections of departments may be initiated by a
57	department and established as recommended by the Department of
58	Management Services and approved by the Executive Office of the
59	Governor, or may be established by specific statutory enactment.
60	(8)  The Executive Office of the Governor must maintain a
61	current organizational chart of each agency of the executive
62	branch, which must identify all divisions, program offices,
63	offices, bureaus, units, and subunits of the agency. Agencies
64	must submit such organizational charts in accordance with
65	guidelines established by the Executive Office of the Governor.
66	Section 2.  Section 20.19, Florida Statutes, is amended to
67	read:
68	20.19  Department of Children and Family Services.--There
69	is created a Department of Children and Family Services.
70	(1)  MISSION AND PURPOSE.--
71	(a)  The mission of the department of Children and Family
72	Services is to work in partnership with local communities to
73	ensure the safety, well-being, and self-sufficiency of the
74	people served.
75	(b)  The department shall develop a strategic plan for
76	fulfilling its mission and establish a set of measurable goals,
77	objectives, performance standards, and quality assurance
78	requirements to ensure that the department is accountable to the
79	people of Florida.
80	(c)  To the extent allowed by law and within specific
81	appropriations, the department shall deliver services by
82	contract through private providers.
83	(2)  SECRETARY OF CHILDREN AND FAMILY SERVICES; DEPUTY
84	SECRETARY.--
85	(a)  The head of the department is the Secretary of
86	Children and Family Services. The secretary is appointed by the
87	Governor, subject to confirmation by the Senate. The secretary
88	serves at the pleasure of the Governor. The secretary has the
89	authority and responsibility to ensure that the mission of the
90	department is fulfilled in accordance with state and federal
91	laws, rules, and regulations.
92	(b)  The secretary may shall appoint a deputy secretary who
93	shall perform act in the absence of the secretary. The deputy
94	secretary is directly responsible to the secretary, performs
95	such duties as are assigned by the secretary, and shall serve
96	serves at the pleasure of the secretary.
97	(3)(c)1.  ASSISTANT SECRETARY FOR SUBSTANCE ABUSE AND
98	MENTAL HEALTH.--The secretary shall appoint an Assistant
99	Secretary for the Division of Substance Abuse and Mental Health.
100	The assistant secretary shall serve at the pleasure of the
101	secretary and must have expertise in both areas of
102	responsibility and shall head the department's substance abuse
103	and mental health programs.
104	2.  The secretary shall appoint a Program Director for
105	Substance Abuse and a Program Director for Mental Health who
106	have the requisite expertise and experience in their respective
107	fields to head the state's substance abuse and mental health
108	programs.
109	(a)a.  Each program director shall have line authority over
110	all district substance abuse and mental health program
111	management staff.
112	(b)b.  The assistant secretary shall enter into a
113	memorandum of understanding with each district or region
114	administrator, which must be approved by the secretary or the
115	secretary's designee, describing the working relationships
116	within each geographic area.
117	(c)c.  The mental health institutions shall report to the
118	Program Director for Mental Health.
119	(d)d.  Each program director shall be responsible for have
120	direct control over the program's budget and contracts for
121	services. Support staff necessary to manage budget and
122	contracting functions within the department shall be placed
123	under the supervision of the program directors.
124	(d)  The secretary has the authority and responsibility to
125	ensure that the mission of the department is fulfilled in
126	accordance with state and federal laws, rules, and regulations.
127	(3)  PROGRAM DIRECTORS.--The secretary shall appoint
128	program directors who serve at the pleasure of the secretary.
129	The secretary may delegate to the program directors
130	responsibilities for the management, policy, program, and fiscal
131	functions of the department.
132	(4)  ASSISTANT SECRETARY FOR THE DIVISION OF PROGRAMS
133	PROGRAM OFFICES AND SUPPORT OFFICES.--
134	(a)  The secretary shall appoint an Assistant Secretary for
135	the Division of Programs. With the exception of Mental Health
136	and Substance Abuse, the assistant secretary shall head all
137	department program offices The department is authorized to
138	establish program offices and support offices, each of which
139	shall be headed by a director or other management position who
140	shall be appointed by and serves at the pleasure of the
141	secretary.
142	(b)  The following program offices are established:
143	1.  Adult Services.
144	2.  Child Care Services.
145	3.  Developmental Disabilities.
146	4.  Economic Self-Sufficiency Services.
147	5.  Family Safety.
148	6.  Mental Health.
149	6.7.  Refugee Services.
150	8.  Substance Abuse.
151	(c)  Program offices and support offices may be
152	consolidated, restructured, or rearranged by the secretary, in
153	consultation with the Executive Office of the Governor, provided
154	any such consolidation, restructuring, or rearranging is capable
155	of meeting functions and activities and achieving outcomes as
156	delineated in state and federal laws, rules, and regulations.
157	The secretary may appoint additional managers and administrators
158	as he or she determines are necessary for the effective
159	management of the department.
160	(5)  ASSISTANT SECRETARY FOR THE DIVISION OF
161	ADMINISTRATION.--The secretary shall appoint an Assistant
162	Secretary for the Division of Administration. The assistant
163	secretary shall be responsible for all administrative,
164	financial, and budget functions of the department.
165	(6)  ASSISTANT SECRETARY FOR THE DIVISION OF
166	OPERATIONS.--The secretary shall appoint an Assistant Secretary
167	The secretary shall appoint an Assistant Secretary for the
168	Division of Operations. The assistant secretary shall be
169	responsible for the management and operation of the department's
170	zones and districts.
171	(7)(5)  ZONES AND SERVICE DISTRICTS.--
172	(a)  The department shall plan and administer its programs
173	of family services through zones composed of the following
174	service districts, and subdistricts, composed of the following
175	and counties:
176	1.  Panhandle Zone.--
177	a.1.  District 1.--Escambia, Santa Rosa, Okaloosa, and
178	Walton Counties.
179	b.2.  District 2, Subdistrict A.--Holmes, Washington, Bay,
180	Jackson, Calhoun, and Gulf Counties.
181	c.3.  District 2, Subdistrict B.--Gadsden, Liberty,
182	Franklin, Leon, Wakulla, Jefferson, Madison, and Taylor
183	Counties.
184	2.  Northeast Zone.--
185	a.4.  District 3.--Hamilton, Suwannee, Lafayette, Dixie,
186	Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and Alachua
187	Counties.
188	b.5.  District 4.--Baker, Nassau, Duval, Clay, and St.
189	Johns Counties.
190	c.  District 12.--Flagler and Volusia Counties.
191	3.  Suncoast Zone.--
192	a.6.  District 5.--Pasco and Pinellas Counties.
193	b.7.  District 6.--Hillsborough and Manatee Counties.
194	4.  Central Zone.--
195	a.8.  District 7, Subdistrict A.--Seminole, Orange, and
196	Osceola Counties.
197	b.9.  District 7, Subdistrict B.--Brevard County.
198	c.  District 13.--Marion, Citrus, Hernando, Sumter, and
199	Lake Counties.
200	d.  District 14.--Polk, Hardee, and Highlands Counties.
201	5.  Southern Zone.--
202	a.10.  District 8, Subdistrict A.--Sarasota and DeSoto
203	Counties.
204	b.11.  District 8, Subdistrict B.--Charlotte, Lee, Glades,
205	Hendry, and Collier Counties.
206	c.12.  District 9.--Palm Beach County.
207	d.13.  District 10.--Broward County.
208	e.  District 15.--Indian River, Okeechobee, St. Lucie, and
209	Martin Counties.
210	6.  District 11 Zone.--
211	a.14.  District 11, Subdistrict A.--Miami-Dade County.
212	b.15.  District 11, Subdistrict B.--Monroe County.
213	16.  District 12.--Flagler and Volusia Counties.
214	17.  District 13.--Marion, Citrus, Hernando, Sumter, and
215	Lake Counties.
216	18.  District 14.--Polk, Hardee, and Highlands Counties.
217	19.  District 15.--Indian River, Okeechobee, St. Lucie, and
218	Martin Counties.
219	(b)  The secretary shall appoint zone directors for each
220	zone. The zone directors shall serve at the pleasure of the
221	secretary and shall be responsible for providing administrative
222	support, including programmatic technical assistance, budget and
223	financial services, data collection and information technology
224	services, and such other duties as assigned by the secretary.
225	(c)(b)1.  The secretary shall appoint a district
226	administrator for each of the service districts. The district
227	administrator shall serve at the pleasure of the secretary and
228	shall be responsible for the provision of program services and
229	such other shall perform such duties as assigned by the
230	secretary. Subject to the approval of the secretary, such duties
231	shall include transferring up to 10 percent of the total
232	district budget, the provisions of ss. 216.292 and 216.351
233	notwithstanding.
234	2.  Any district For the 2003-2004 fiscal year only, the
235	transfer authority related to the budget that is beyond the
236	provisions of chapter 216 provided in this subsection must be
237	specifically identified appropriated in the 2003-2004 General
238	Appropriations Act and its implementing bill shall be pursuant
239	to the requirements of s. 216.292. This subparagraph expires
240	July 1, 2004.
241	(d)(c)  Each fiscal year the secretary shall, in
242	consultation with the relevant employee representatives, develop
243	projections of the number of child abuse and neglect cases and
244	shall include in the department's legislative budget request a
245	specific appropriation for funds and positions for the next
246	fiscal year in order to provide an adequate number of full-time
247	equivalent:
248	1.  Child protection investigation workers so that
249	caseloads do not exceed the Child Welfare League Standards by
250	more than two cases.; and
251	2.  Child protection case workers so that caseloads do not
252	exceed the Child Welfare League Standards by more than two
253	cases.
254	(8)(6)  COMMUNITY ALLIANCES.--
255	(a)  The department shall, in consultation with local
256	communities, establish a community alliance of the stakeholders,
257	community leaders, client representatives and funders of human
258	services in each county to provide a focal point for community
259	participation and governance of community-based services. An
260	alliance may cover more than one county when such arrangement is
261	determined to provide for more effective representation. The
262	community alliance shall represent the diversity of the
263	community.
264	(b)  The duties of the community alliance shall include,
265	but not necessarily be limited to:
266	1.  Joint planning for resource utilization in the
267	community, including resources appropriated to the department
268	and any funds that local funding sources choose to provide.
269	2.  Needs assessment and establishment of community
270	priorities for service delivery.
271	3.  Determining community outcome goals to supplement
272	state-required outcomes.
273	4.  Serving as a catalyst for community resource
274	development.
275	5.  Providing for community education and advocacy on
276	issues related to delivery of services.
277	6.  Promoting prevention and early intervention services.
278	(c)  The department shall ensure, to the greatest extent
279	possible, that the formation of each community alliance builds
280	on the strengths of the existing community human services
281	infrastructure.
282	(d)  The initial membership of the community alliance in a
283	county shall be composed of the following:
284	1.  The district administrator.
285	2.  A representative from county government.
286	3.  A representative from the school district.
287	4.  A representative from the county United Way.
288	5.  A representative from the county sheriff's office.
289	6.  A representative from the circuit court corresponding
290	to the county.
291	7.  A representative from the county children's board, if
292	one exists.
293	(e)  At any time after the initial meeting of the community
294	alliance, the community alliance shall adopt bylaws and may
295	increase the membership of the alliance to include the state
296	attorney for the judicial circuit in which the community
297	alliance is located, or his or her designee, the public defender
298	for the judicial circuit in which the community alliance is
299	located, or his or her designee, and other individuals and
300	organizations who represent funding organizations, are community
301	leaders, have knowledge of community-based service issues, or
302	otherwise represent perspectives that will enable them to
303	accomplish the duties listed in paragraph (b), if, in the
304	judgment of the alliance, such change is necessary to adequately
305	represent the diversity of the population within the community
306	alliance service districts.
307	(f)  Members of the community alliances shall serve without
308	compensation, but are entitled to receive reimbursement for per
309	diem and travel expenses, as provided in s. 112.061. Payment may
310	also be authorized for preapproved child care expenses or lost
311	wages for members who are consumers of the department's services
312	and for preapproved child care expenses for other members who
313	demonstrate hardship.
314	(g)  Members of a community alliance are subject to the
315	provisions of part III of chapter 112, the Code of Ethics for
316	Public Officers and Employees.
317	(h)  Actions taken by a community alliance must be
318	consistent with department policy and state and federal laws,
319	rules, and regulations.
320	(i)  Alliance members shall annually submit a disclosure
321	statement of services interests to the department's inspector
322	general. Any member who has an interest in a matter under
323	consideration by the alliance must abstain from voting on that
324	matter.
325	(j)  All alliance meetings are open to the public pursuant
326	to s. 286.011 and the public records provision of s. 119.07(1).
327	(9)(7)  PROTOTYPE REGION.--
328	(a)  Notwithstanding the provisions of this section, the
329	department may consolidate the management and administrative
330	structure or function of the geographic area that includes the
331	counties in the sixth, twelfth, and thirteenth judicial circuits
332	as defined in s. 26.021. The department shall evaluate the
333	efficiency and effectiveness of the operation of the prototype
334	region and upon a determination that there has been a
335	demonstrated improvement in management and oversight of services
336	or cost savings from more efficient administration of services,
337	the secretary may consolidate management and administration of
338	additional areas of the state. Any such additional consolidation
339	shall comply with the provisions of subsection (7) (5) unless
340	legislative authorization to the contrary is provided.
341	(b)  Within the prototype region, the budget transfer
342	authority defined in paragraph (7)(c) (5)(b) shall apply to the
343	consolidated geographic area.
344	(c)  The department is authorized to contract for
345	children's services with a lead agency in each county of the
346	prototype area, except that the lead agency contract may cover
347	more than one county when it is determined that such coverage
348	will provide more effective or efficient services. The duties of
349	the lead agency shall include, but not necessarily be limited
350	to:
351	1.  Directing and coordinating the program and children's
352	services within the scope of its contract.
353	2.  Providing or contracting for the provision of core
354	services, including intake and eligibility, assessment, service
355	planning, and case management.
356	3.  Creating a service provider network capable of
357	delivering the services contained in client service plans, which
358	shall include identifying the necessary services, the necessary
359	volume of services, and possible utilization patterns and
360	negotiating rates and expectations with providers.
361	4.  Managing and monitoring of provider contracts and
362	subcontracts.
363	5.  Developing and implementing an effective bill payment
364	mechanism to ensure all providers are paid in a timely fashion.
365	6.  Providing or arranging for administrative services
366	necessary to support service delivery.
367	7.  Utilizing departmentally approved training and meeting
368	departmentally defined credentials and standards.
369	8.  Providing for performance measurement in accordance
370	with the department's quality assurance program and providing
371	for quality improvement and performance measurement.
372	9.  Developing and maintaining effective interagency
373	collaboration to optimize service delivery.
374	10.  Ensuring that all federal and state reporting
375	requirements are met.
376	11.  Operating a consumer complaint and grievance process.
377	12.  Ensuring that services are coordinated and not
378	duplicated with other major payors, such as the local schools
379	and Medicaid.
380	13.  Any other duties or responsibilities defined in s.
381	409.1671 related to community-based care.
382	(10)(8)  CONSULTATION WITH COUNTIES ON MANDATED
383	PROGRAMS.--It is the intent of the Legislature that when county
384	It is the intent of the Legislature that when county governments
385	are required by law to participate in the funding of programs,
386	the department shall consult with designated representatives of
387	county governments in developing policies and service delivery
388	plans for those programs.
389	(11)(9)  PROCUREMENT OF HEALTH SERVICES.--Nothing contained
390	in chapter 287 shall require competitive bids for health
391	services involving examination, diagnosis, or treatment.
392	Section 3.  Subsection (25) of section 39.01, Florida
393	Statutes, is amended to read:
394	39.01  Definitions.--When used in this chapter, unless the
395	context otherwise requires:
396	(25)  "District administrator" means the chief operating
397	officer of each service district of the department as defined in
398	s. 20.19(7)(5) and, where appropriate, includes any district
399	administrator whose service district falls within the boundaries
400	of a judicial circuit.
401	Section 4.  Subsection (4) of section 216.177, Florida
402	Statutes, is amended to read:
403	216.177  Appropriations acts, statement of intent,
404	violation, notice, review and objection procedures.--
405	(4)  Notwithstanding the 14-day notice requirements of this
406	section, the Department of Children and Family Services is
407	required to provide notice of proposed transfers submitted
408	pursuant to s. 20.19(7)(c)(5)(b) to the Executive Office of the
409	Governor and the chairs of the legislative appropriations
410	committees at least 3 working days prior to their
411	implementation.
412	Section 5.  Subsection (6) of section 394.78, Florida
413	Statutes, is renumbered as subsection (5), and current
414	subsection (5) of said section is amended to read:
415	394.78  Operation and administration; personnel standards;
416	procedures for audit and monitoring of service providers;
417	resolution of disputes.--
418	(5)  In unresolved disputes regarding this part or rules
419	established pursuant to this part, providers and district health
420	and human services boards shall adhere to formal procedures
421	specified under s. 20.19(8)(n).
422	Section 6.  Paragraph (b) of subsection (4) and paragraph
423	(d) of subsection (7) of section 394.9082, Florida Statutes, are
424	amended to read:
425	394.9082  Behavioral health service delivery strategies.--
426	(4)  CONTRACT FOR SERVICES.--
427	(b)  Under one of the service delivery strategies, the
428	Department of Children and Family Services may contract with a
429	prepaid mental health plan that operates under s. 409.912 to be
430	the managing entity. Under this strategy, the Department of
431	Children and Family Services is not required to competitively
432	procure those services and, notwithstanding other provisions of
433	law, may employ prospective payment methodologies that the
434	department finds are necessary to improve client care or
435	institute more efficient practices. The Department of Children
436	and Family Services may employ in its contract any provision of
437	the current prepaid behavioral health care plan authorized under
438	s. 409.912(3)(a) and (b), or any other provision necessary to
439	improve quality, access, continuity, and price. Any contracts
440	under this strategy in Area 6 of the Agency for Health Care
441	Administration or in the prototype region under s. 20.19(9)(7)
442	of the Department of Children and Family Services may be entered
443	with the existing substance abuse treatment provider network if
444	an administrative services organization is part of its network.
445	In Area 6 of the Agency for Health Care Administration or in the
446	prototype region of the Department of Children and Family
447	Services, the Department of Children and Family Services and the
448	Agency for Health Care Administration may employ alternative
449	service delivery and financing methodologies, which may include
450	prospective payment for certain population groups. The
451	population groups that are to be provided these substance abuse
452	services would include at a minimum: individuals and families
453	receiving family safety services; Medicaid-eligible children,
454	adolescents, and adults who are substance-abuse-impaired; or
455	current recipients and persons at risk of needing cash
456	assistance under Florida's welfare reform initiatives.
457	(7)  ESSENTIAL ELEMENTS.--
458	(d)  A local body or group must be identified by the
459	district administrator of the Department of Children and Family
460	Services to serve in an advisory capacity to the behavioral
461	health service delivery strategy and must include
462	representatives of the local school system, the judicial system,
463	county government, public and private Baker Act receiving
464	facilities, and law enforcement agencies; a consumer of the
465	public behavioral health system; and a family member of a
466	consumer of the publicly funded system. This advisory body may
467	be the community alliance established under s. 20.19(8)(6) or
468	any other suitable established local group.
469	Section 7.  Section 409.16745, Florida Statutes, is amended
470	to read:
471	409.16745  Community partnership matching grant
472	program.--It is the intent of the Legislature to improve
473	It is the intent of the Legislature to improve services and
474	local participation in community-based care initiatives by
475	fostering community support and providing enhanced prevention
476	and in-home services, thereby reducing the risk otherwise faced
477	by lead agencies. There is established a community partnership
478	matching grant program to be operated by the Department of
479	Children and Family Services for the purpose of encouraging
480	local participation in community-based care for child welfare.
481	Any children's services council or other local government entity
482	that makes a financial commitment to a community-based care lead
483	agency is eligible for a grant upon proof that the children's
484	services council or local government entity has provided the
485	selected lead agency at least $250,000 from any local resources
486	otherwise available to it. The total amount of local
487	contribution may be matched on a two-for-one basis up to a
488	maximum amount of $2 million per council or local government
489	entity. Awarded matching grant funds may be used for any
490	prevention or in-home services provided by the children's
491	services council or other local government entity that meets
492	temporary-assistance-for-needy-families' eligibility
493	requirements and can be reasonably expected to reduce the number
494	of children entering the child welfare system. To ensure
495	necessary flexibility for the development, start up, and ongoing
496	operation of community-based care initiatives, the notice period
497	required for any budget action authorized by the provisions of
498	s. 20.19(7)(c)(5)(b), is waived for the family safety program;
499	however, the Department of Children and Family Services must
500	provide copies of all such actions to the Executive Office of
501	the Governor and Legislature within 72 hours of their
502	occurrence. Funding available for the matching grant program is
503	subject to legislative appropriation of nonrecurring funds
504	provided for the purpose.
505	Section 8.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.