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