Florida Senate - 2009                                    SB 1980
       
       
       
       By Senator Storms
       
       
       
       
       10-01119-09                                           20091980__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Children and
    3         Family Services; amending s. 20.04, F.S.; authorizing
    4         the department to establish circuits and regions
    5         headed by circuit administrators and regional
    6         directors; amending s. 20.19, F.S.; revising
    7         provisions relating to the establishment of the
    8         department; providing for operating units called
    9         circuits and regions based on judicial circuits;
   10         deleting provisions relating to the program directors
   11         for mental health and substance abuse, the service
   12         districts, child protection workers, the membership of
   13         community alliances, and the prototype region;
   14         amending ss. 20.43 and 394.78, F.S.; conforming cross
   15         references; providing for legislation to conform the
   16         Florida Statutes to changes made by the act; providing
   17         an effective date.
   18         
   19  Be It Enacted by the Legislature of the State of Florida:
   20         
   21         Section 1. Subsections (4) of section 20.04, Florida
   22  Statutes, is amended to read:
   23         20.04 Structure of executive branch.—The executive branch
   24  of state government is structured as follows:
   25         (4) Within the Department of Children and Family Services
   26  there are organizational units called “program offices,” headed
   27  by program directors, and geographical units called “circuits”
   28  and “regions,” headed respectively, by circuit administrators
   29  and region directors.
   30         Section 2. Section 20.19, Florida Statutes, is amended to
   31  read:
   32         (Substantial rewording of section. See
   33         s. 20.19, F.S., for present text.)
   34         20.19Department of Children and Family Services.—There is
   35  created a Department of Children and Family Services.
   36         (1)SECRETARY OF CHILDREN AND FAMILY SERVICES.—
   37         (a)The head of the department is the Secretary of Children
   38  and Family Services. The Governor shall appoint the secretary,
   39  who is subject to confirmation by the Senate. The secretary
   40  serves at the pleasure of the Governor.
   41         (b)The secretary is responsible for planning,
   42  coordinating, and managing the delivery of all services that are
   43  the responsibility of the department.
   44         (c)The secretary shall appoint a deputy secretary who
   45  shall act in the absence of the secretary. The deputy secretary
   46  is directly responsible to the secretary, performs such duties
   47  as are assigned by the secretary, and serves at the pleasure of
   48  the secretary.
   49         (d)The secretary may establish assistant secretary
   50  positions as necessary to administer the requirements of this
   51  section and, at a minimum, shall establish an Assistant
   52  Secretary for Substance Abuse and Mental Health. All persons
   53  appointed to such positions shall serve at the pleasure of the
   54  secretary.
   55         (2)SERVICES PROVIDED.—
   56         (a)The department may establish program offices, each of
   57  which shall be headed by a program director who shall be
   58  appointed by and serve at the pleasure of the secretary.
   59         (b)At a minimum, the following program offices shall be
   60  established:
   61         1.Adult protection.
   62         2.Child care.
   63         3.Domestic violence.
   64         4.Economic self-sufficiency.
   65         5.Family safety.
   66         6.Mental health.
   67         7.Refugee services.
   68         8.Substance abuse.
   69         (c)Program offices may be consolidated, restructured, or
   70  rearranged by the secretary if 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 and rules. The secretary may appoint additional
   74  directors as necessary for the effective management of the
   75  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. In
   80  developing its service delivery system, the department may
   81  combine judicial circuits but may not divide circuits among
   82  operational units of the department. The department may also
   83  establish regional divisions consisting of one or more judicial
   84  circuit operating units.
   85         (b)The secretary may appoint a circuit administrator and
   86  region director for each circuit and region who shall serve at
   87  the pleasure of the secretary and shall perform such duties as
   88  are assigned by the secretary.
   89         (4)COMMUNITY ALLIANCES AND PARTNERSHIPS AUTHORIZED.—The
   90  department may, in consultation with local communities,
   91  establish a community alliance and other community partnerships
   92  consisting of stakeholders, community leaders, client
   93  representatives, and those who fund human services in each
   94  judicial circuit to provide a focal point for community
   95  participation and governance of community-based services. The
   96  community alliance and partnerships must represent the diversity
   97  of the community. The secretary may also establish advisory
   98  groups at the state level as necessary to ensure and enhance
   99  communication and liaison with stakeholders, community leaders,
  100  and client representatives.
  101         (a)The duties of a community alliance and partnership may
  102  include, but are not limited to:
  103         1.Joint planning for resource use in the community,
  104  including resources appropriated to the department, and any
  105  funds that local funding sources choose to provide.
  106         2.Needs assessment and establishment of community
  107  priorities for service delivery.
  108         3.Determining community outcome goals to supplement state
  109  required outcomes.
  110         4.Serving as a catalyst for community resource
  111  development.
  112         5.Providing for community education and advocacy on issues
  113  related to service delivery.
  114         6.Promoting prevention and early intervention services.
  115         (b)If community alliances and partnerships are
  116  established, the department shall ensure, to the greatest extent
  117  possible, that the formation of each community alliance and
  118  partnership builds on the strengths of the existing community
  119  human services infrastructure.
  120         (c)Members of the community alliances, partnerships, and
  121  advisory groups shall serve without compensation, but are
  122  entitled to reimbursement for per diem and travel expenses as
  123  provided in s. 112.061. Payment may also be authorized for
  124  preapproved child care expenses or lost wages for members who
  125  are consumers of services provided by the department, and for
  126  preapproved child care expenses for other members who
  127  demonstrate hardship.
  128         (d)Members of community alliances, partnerships, and
  129  advisory groups are subject to part III of chapter 112, the code
  130  of ethics for public officers and employees.
  131         (e)Actions taken by community alliances, partnerships, and
  132  advisory groups must be consistent with department policy and
  133  state and federal laws and rules.
  134         (f)Alliance, partnership, and advisory group members must
  135  annually submit a disclosure statement of any interest in
  136  services provided by the department to the department's
  137  inspector general. Any member who has an interest in a matter
  138  under consideration by the alliance or partnership must abstain
  139  from voting on that matter.
  140         (g)All alliance, partnership, and advisory group meetings
  141  are open to the public pursuant to s. 286.011 and are subject to
  142  the public-records provisions of s. 119.07(1).
  143         (5)PROCUREMENT OF HEALTH CARE SERVICES.—Competitive
  144  bidding is not required for health services involving
  145  examination, diagnosis, or treatment.
  146         Section 3. Subsection (5) of section 20.43, Florida
  147  Statutes, is amended to read:
  148         20.43 Department of Health.—There is created a Department
  149  of Health.
  150         (5) The department shall plan and administer its public
  151  health programs through its county health departments and may,
  152  for administrative purposes and efficient service delivery,
  153  establish up to 15 service areas to carry out such duties as may
  154  be prescribed by the State Surgeon General. The boundaries of
  155  the service areas shall be the same as, or combinations of, the
  156  service districts of the Department of Children and Family
  157  Services established in s. 20.19 and, to the extent practicable,
  158  shall take into consideration the boundaries of the jobs and
  159  education regional boards.
  160         Section 4. Subsection (5) of section 394.78, Florida
  161  Statutes, is amended to read:
  162         394.78 Operation and administration; personnel standards;
  163  procedures for audit and monitoring of service providers;
  164  resolution of disputes.—
  165         (5)In unresolved disputes regarding this part or rules
  166  established pursuant to this part, providers and district health
  167  and human services boards shall adhere to formal procedures
  168  specified under s. 20.19(8)(n).
  169         Section 5. During the 2010 regular legislative session, the
  170  Legislature shall adopt legislation to conform the Florida
  171  Statutes to the provisions of this act.
  172         Section 6. This act shall take effect upon becoming a law.