HB 1143

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.; authorizing the
4	department to establish circuits or regions headed by
5	circuit administrators or region directors; amending s.
6	20.19, F.S.; revising provisions relating to the
7	establishment of the department; providing for operating
8	units called circuits or regions, based on the geographic
9	boundaries of judicial circuits; deleting provisions
10	relating to the program directors for mental health and
11	substance abuse, the service districts, child protection
12	workers, the membership of community alliances, and the
13	prototype region; amending ss. 20.43 and 394.78, F.S.;
14	conforming cross-references; providing for legislation to
15	conform the Florida Statutes to changes made by the act;
16	providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Subsection (4) of section 20.04, Florida
21	Statutes, is amended to read:
22	20.04  Structure of executive branch.--The executive branch
23	of state government is structured as follows:
24	(4)  Within the Department of Children and Family Services
25	there are organizational units called "program offices," headed
26	by program directors, and operating units called "circuits" or
27	"regions," headed by circuit administrators or region directors,
28	respectively.
29	Section 2.  Section 20.19, Florida Statutes, is amended to
30	read:
31	(Substantial rewording of section. See
32	s. 20.19, F.S., for present text.)
33	20.19  Department of Children and Family Services.--There
34	is created a Department of Children and Family Services.
35	(1)  SECRETARY OF CHILDREN AND FAMILY SERVICES.--
36	(a)  The head of the department is the Secretary of
37	Children and Family Services. The Governor shall appoint the
38	secretary, who is subject to confirmation by the Senate. The
39	secretary serves at the pleasure of the Governor.
40	(b)  The secretary is responsible for planning,
41	coordinating, and managing the delivery of all services that are
42	the responsibility of the department.
43	(c)  The secretary shall appoint a deputy secretary who
44	shall act in the absence of the secretary. The deputy secretary
45	is directly responsible to the secretary, performs such duties
46	as are assigned by the secretary, and serves at the pleasure of
47	the secretary.
48	(d)  The secretary may establish assistant secretary
49	positions as necessary to administer the requirements of this
50	section and, at a minimum, shall establish an Assistant
51	Secretary for Substance Abuse and Mental Health. All persons
52	appointed to such positions shall serve at the pleasure of the
53	secretary.
54	(2)  SERVICES PROVIDED.--
55	(a)  The department may establish program offices, each of
56	which shall be headed by a program director who shall be
57	appointed by and serve at the pleasure of the secretary.
58	(b)  At a minimum, the following program offices shall be
59	established:
60	1.  Adult protection.
61	2.  Child care.
62	3.  Domestic violence.
63	4.  Economic self-sufficiency.
64	5.  Family safety.
65	6.  Mental health.
66	7.  Refugee services.
67	8.  Substance abuse.
68	(c)  Program offices may be consolidated, restructured, or
69	rearranged by the secretary if such consolidation,
70	restructuring, or rearranging is able to provide the functions
71	and activities and achieve the outcomes required by state and
72	federal laws, rules, and regulations. The secretary may appoint
73	additional directors as necessary for the effective management
74	of the program services provided by the department.
75	(3)  OPERATING UNITS.--
76	(a)  The department shall plan and administer its program
77	services through operating units that conform to the geographic
78	boundaries of the judicial circuits established under s. 26.021.
79	In developing its service delivery system, the department may
80	combine judicial circuits but may not divide circuits among
81	operating units of the department. The department may also
82	establish regional divisions consisting of one or more judicial
83	circuit operating units.
84	(b)  The secretary may appoint a circuit administrator and
85	region director for each circuit and region who shall serve at
86	the pleasure of the secretary and shall perform such duties as
87	are assigned by the secretary.
88	(4)  COMMUNITY ALLIANCES AND PARTNERSHIPS AUTHORIZED.--The
89	department may, in consultation with local communities,
90	establish a community alliance and other community partnerships
91	consisting of stakeholders, community leaders, client
92	representatives, and those who fund human services in each
93	judicial circuit to provide a focal point for community
94	participation and governance of community-based services. The
95	membership of the community alliances and partnerships must
96	represent the diversity of the community. The secretary may also
97	establish advisory groups at the state level as necessary to
98	ensure and enhance communication and provide liaison with
99	stakeholders, community leaders, and client representatives.
100	(a)  The duties of a community alliance and partnership may
101	include, but are not limited to:
102	1.  Joint planning for resource use in the community,
103	including resources appropriated to the department, and any
104	funds that local funding sources choose to provide.
105	2.  Needs assessment and establishment of community
106	priorities for service delivery.
107	3.  Determining community outcome goals to supplement
108	state-required outcomes.
109	4.  Serving as a catalyst for community resource
110	development.
111	5.  Providing for community education and advocacy on
112	issues related to service delivery.
113	6.  Promoting prevention and early intervention services.
114	(b)  If community alliances and partnerships are
115	established, the department shall ensure, to the greatest extent
116	possible, that the formation of each community alliance and
117	partnership builds on the strengths of the existing community
118	human services infrastructure.
119	(c)  Members of the community alliances, partnerships, and
120	advisory groups shall serve without compensation but are
121	entitled to reimbursement for per diem and travel expenses as
122	provided in s. 112.061. Payment may also be authorized for
123	preapproved child care expenses or lost wages for members who
124	are consumers of services provided by the department and for
125	preapproved child care expenses for other members who
126	demonstrate hardship.
127	(d)  Members of community alliances, partnerships, and
128	advisory groups are subject to part III of chapter 112, the Code
129	of Ethics for Public Officers and Employees.
130	(e)  Actions taken by community alliances, partnerships,
131	and advisory groups must be consistent with department policy
132	and state and federal laws, rules, and regulations.
133	(f)  Alliance, partnership, and advisory group members must
134	annually submit a disclosure statement of any interest in
135	services provided by the department to the department's
136	inspector general. Any member who has an interest in a matter
137	under consideration by the alliance or partnership must abstain
138	from voting on that matter.
139	(g)  All alliance, partnership, and advisory group meetings
140	are open to the public pursuant to s. 286.011 and are subject to
141	the public records provisions of s. 119.07(1).
142	(5)  PROCUREMENT OF HEALTH CARE SERVICES.--Competitive
143	bidding is not required for health care services involving
144	examination, diagnosis, or treatment.
145	(6)  CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.--It
146	is the intent of the Legislature that when county governments
147	are required by law to participate in the funding of programs,
148	the department shall consult with designated representatives of
149	county governments in developing policies and service delivery
150	plans for those programs.
151	Section 3.  Subsection (5) of section 20.43, Florida
152	Statutes, is amended to read:
153	20.43  Department of Health.--There is created a Department
154	of Health.
155	(5)  The department shall plan and administer its public
156	health programs through its county health departments and may,
157	for administrative purposes and efficient service delivery,
158	establish up to 15 service areas to carry out such duties as may
159	be prescribed by the State Surgeon General. The boundaries of
160	the service areas shall be the same as, or combinations of, the
161	service districts of the Department of Children and Family
162	Services established in s. 20.19 and, to the extent practicable,
163	shall take into consideration the boundaries of the jobs and
164	education regional boards.
165	Section 4.  Subsection (5) of section 394.78, Florida
166	Statutes, is amended to read:
167	394.78  Operation and administration; personnel standards;
168	procedures for audit and monitoring of service providers;
169	resolution of disputes.--
170	(5)  In unresolved disputes regarding this part or rules
171	established pursuant to this part, providers and district health
172	and human services boards shall adhere to formal procedures
173	specified under s. 20.19(8)(n).
174	Section 5.  During the 2010 Regular Session of the
175	Legislature, the Legislature shall adopt legislation to conform
176	the Florida Statutes to the provisions of this act.
177	Section 6.  This act shall take effect upon becoming a law.

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