Senate Bill sb1394er

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    2007 Legislature                                CS for SB 1394



  1                                 

  2         An act relating to health and human services;

  3         authorizing the Department of Children and

  4         Family Services to begin the process of

  5         reorganization; requiring the department to

  6         integrate substance abuse and mental health

  7         programs into its structure and priorities;

  8         authorizing the department to plan for the

  9         realignment of districts in conformance with

10         judicial circuits; requiring that a report be

11         submitted to the Legislature; authorizing the

12         department to use the name Department of

13         Children and Families; authorizing the

14         department to establish community partnerships

15         and advisory groups; providing for members of

16         such partnerships or advisory groups to be

17         reimbursed for per diem, travel, and child care

18         expenses; providing for the members to be

19         subject to the Code of Ethics for Public

20         Officers and Employees; providing that meetings

21         and records of the partnerships and advisory

22         groups are subject to the public-meetings and

23         public-records law; amending s. 839.13, F.S.;

24         clarifying provisions that prohibit falsifying,

25         altering, or in any manner destroying records

26         if such act may be detrimental to the health,

27         safety, or welfare of an individual in the care

28         and custody of a state agency; clarifying

29         provisions that prohibit falsifying, altering,

30         or in any manner destroying records of the

31         Department of Children and Family Services or


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    2007 Legislature                                CS for SB 1394



 1         its contract provider with the intent to

 2         conceal a material fact; providing for the

 3         application of penalties thereto; providing

 4         effective dates.

 5  

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

 7  

 8         Section 1.  Flexibility for the Department of Children

 9  and Family Services.--

10         (1)  The Legislature recognizes that modifications to

11  the organizational structure of the Department of Children and

12  Family Services are necessary to improve the effectiveness and

13  efficiency of the department. In addition, any modifications

14  to the organizational structure must be compatible with and

15  must not impede the scheduled sunset review pursuant to s.

16  11.905, Florida Statutes. Therefore, notwithstanding s. 20.19,

17  Florida Statutes, the Department of Children and Family

18  Services is authorized to begin the process of reorganization

19  subject to further legislative review and approval.

20         (a)  The department shall integrate substance abuse and

21  mental health programs into the overall structure and

22  priorities of the department. The department may plan for

23  realignment of department districts in conformance with

24  judicial circuits and may phase in organizational changes to

25  ensure that children currently in the system are not adversely

26  affected.

27         (b)  The department shall prepare a detailed report

28  concerning its reorganizational modifications, including a

29  plan for realignment of districts, which identifies all key

30  actions taken or planned to be taken. The report shall review

31  the department's progress in establishing regions and


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    2007 Legislature                                CS for SB 1394



 1  integrating substance abuse and mental health programs into

 2  the overall structure of the department. This report shall be

 3  submitted to the Legislature by January 1, 2008, concurrently

 4  with the Sunset Review Report.

 5         (c)  The department is authorized to use the name

 6  Department of Children and Families.

 7         (2)  The department may establish community

 8  partnerships at the request of local communities in order to

 9  improve the delivery of community-based services through

10  community participation. Community partnerships may advise and

11  recommend to the department ways to improve and coordinate

12  community-based services. The secretary may also establish

13  such advisory groups at the state level as necessary to ensure

14  and enhance communication and liaison with stakeholders,

15  community leaders, and client representatives.

16         (a)  Members of any community partnership or advisory

17  group established pursuant to this subsection shall serve

18  without compensation, but are entitled to receive

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

20  s. 112.061, Florida Statutes. Payment may be authorized for

21  preapproved child care expenses or lost wages for members who

22  are consumers of the department's services and for preapproved

23  child care expenses for other members who demonstrate

24  hardship. All such payments must be within existing resources.

25         (b)  Members of any community partnership or advisory

26  group established pursuant to this subsection are subject to

27  the provisions of part III of chapter 112, Florida Statutes,

28  the Code of Ethics for Public Officers and Employees.

29         (c)  All partnership and advisory group meetings are

30  open to the public pursuant to s. 286.011, Florida Statutes,

31  


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 1  and records of such meetings are subject to the public-records

 2  provisions of s. 119.07(1), Florida Statutes.

 3         (3)  This section expires June 30, 2008.

 4         Section 2.  Effective July 1, 2007, subsection (2) of

 5  section 839.13, Florida Statutes, is amended to read:

 6         839.13  Falsifying records.--

 7         (2)(a)  Any person who knowingly falsifies, alters,

 8  destroys, defaces, overwrites, removes, or discards by

 9  altering, destroying, defacing, overwriting, removing, or

10  discarding an official record relating to an individual in the

11  care and custody of a state agency, which act has the

12  potential to detrimentally affect the health, safety, or

13  welfare of that individual, commits a felony of the third

14  degree, punishable as provided in s. 775.082, s. 775.083, or

15  s. 775.084. For the purposes of this paragraph, the term "care

16  and custody" includes, but is not limited to, a child abuse

17  protective investigation, protective supervision, foster care

18  and related services, or a protective investigation or

19  protective supervision of a vulnerable adult, as defined in

20  chapter 39, chapter 409, or chapter 415.

21         (b)  Any person who commits a violation of paragraph

22  (a) which contributes to great bodily harm to or the death of

23  an individual in the care and custody of a state agency

24  commits a felony of the second degree, punishable as provided

25  in s. 775.082, s. 775.083, or s. 775.084. For the purposes of

26  this paragraph, the term "care and custody" includes, but is

27  not limited to, a child abuse protective investigation,

28  protective supervision, foster care and related services, or a

29  protective investigation or protective supervision of a

30  vulnerable adult, as defined in chapter 39, chapter 409, or

31  chapter 415.


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 1         (c)  Any person who knowingly falsifies, alters,

 2  destroys, defaces, overwrites, removes, or discards by

 3  altering, destroying, defacing, overwriting, removing, or

 4  discarding records of the Department of Children and Family

 5  Services or its contract provider with the intent to conceal a

 6  fact material to a child abuse protective investigation,

 7  protective supervision, foster care and related services, or a

 8  protective investigation or protective supervision of a

 9  vulnerable adult, as defined in chapter 39, chapter 409, or

10  chapter 415, commits a felony of the third degree, punishable

11  as provided in s. 775.082, s. 775.083, or s. 775.084. Nothing

12  in this paragraph prohibits prosecution for a violation of

13  paragraph (a) or paragraph (b) involving records described in

14  this paragraph.

15         (d)  This section does not prohibit the disposing or

16  archiving of records as otherwise provided by law. In

17  addition, this section does not prohibit any person from

18  correcting or updating records.

19         Section 3.  Except as otherwise expressly provided in

20  this act, this act shall take effect upon becoming a law.

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