Florida Senate - 2009 CS for SB 1980
By the Committee on Children, Families, and Elder Affairs; and
Senator Storms
586-02703-09 20091980c1
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 20.19 Department of Children and Family Services.—There is
35 created a Department of Children and Family Services.
36 (1) MISSION AND PURPOSE.—
37 (a) The mission of the Department of Children and Family
38 Services is to work in partnership with local communities to
39 ensure the safety, well-being, and self-sufficiency of the
40 people served.
41 (b) The department shall develop a strategic plan for
42 fulfilling its mission and establish a set of measurable goals,
43 objectives, performance standards, and quality assurance
44 requirements to ensure that the department is accountable to the
45 people of Florida.
46 (c) To the extent allowed by law and within specific
47 appropriations, the department shall deliver services by
48 contract through private providers.
49 (2) SECRETARY OF CHILDREN AND FAMILY SERVICES.—
50 (a) The head of the department is the Secretary of Children
51 and Family Services. The Governor shall appoint the secretary,
52 who is subject to confirmation by the Senate. The secretary
53 serves at the pleasure of the Governor.
54 (b) The secretary is responsible for planning,
55 coordinating, and managing the delivery of all services that are
56 the responsibility of the department.
57 (c) The secretary shall appoint a deputy secretary who
58 shall act in the absence of the secretary. The deputy secretary
59 is directly responsible to the secretary, performs such duties
60 as are assigned by the secretary, and serves at the pleasure of
61 the secretary.
62 (d) The secretary may establish assistant secretary
63 positions as necessary to administer the requirements of this
64 section and, at a minimum, shall establish an Assistant
65 Secretary for Substance Abuse and Mental Health. All persons
66 appointed to such positions shall serve at the pleasure of the
67 secretary.
68 (3) SERVICES PROVIDED.—
69 (a) The department may establish program offices, each of
70 which shall be headed by a program director who shall be
71 appointed by and serve at the pleasure of the secretary.
72 (b) The following program offices shall be established:
73 1. Adult protection.
74 2. Child care.
75 3. Domestic violence.
76 4. Economic self-sufficiency.
77 5. Family safety.
78 6. Mental health.
79 7. Refugee services.
80 8. Substance abuse.
81 (c) Program offices may be consolidated, restructured, or
82 rearranged by the secretary if such consolidation,
83 restructuring, or rearranging is able to provide the functions
84 and activities, and achieve the outcomes, required by state and
85 federal laws and rules. The secretary may appoint additional
86 directors as necessary for the effective management of the
87 program services provided by the department.
88 (4) OPERATING UNITS.—
89 (a) The department shall plan and administer its program
90 services through operating units that conform to the geographic
91 boundaries of the judicial circuits established in s. 26.021.
92 The department may also establish regional divisions consisting
93 of one or more judicial circuit operating units.
94 (b) The secretary may appoint a circuit administrator and
95 region director for each circuit and region who shall serve at
96 the pleasure of the secretary and shall perform such duties as
97 are assigned by the secretary.
98 (5) COMMUNITY ALLIANCES AND PARTNERSHIPS AUTHORIZED.—The
99 department may, in consultation with local communities,
100 establish a community alliance and other community partnerships
101 consisting of stakeholders, community leaders, client
102 representatives, and those who fund human services in each
103 judicial circuit to provide a focal point for community
104 participation and governance of community-based services. The
105 community alliance and partnerships must represent the diversity
106 of the community. The secretary may also establish advisory
107 groups at the state level as necessary to ensure and enhance
108 communication and liaison with stakeholders, community leaders,
109 and client representatives.
110 (a) The duties of a community alliance and partnership may
111 include, but are not limited to:
112 1. Joint planning for resource use in the community,
113 including resources appropriated to the department, and any
114 funds that local funding sources choose to provide.
115 2. Needs assessment and establishment of community
116 priorities for service delivery.
117 3. Determining community outcome goals to supplement state
118 required outcomes.
119 4. Serving as a catalyst for community resource
120 development.
121 5. Providing for community education and advocacy on issues
122 related to service delivery.
123 6. Promoting prevention and early intervention services.
124 (b) If community alliances and partnerships are
125 established, the department shall ensure, to the greatest extent
126 possible, that the formation of each community alliance and
127 partnership builds on the strengths of the existing community
128 human services infrastructure.
129 (c) Members of the community alliances, partnerships, and
130 advisory groups shall serve without compensation, but are
131 entitled to reimbursement for per diem and travel expenses as
132 provided in s. 112.061. Payment may also be authorized for
133 preapproved child care expenses or lost wages for members who
134 are consumers of services provided by the department, and for
135 preapproved child care expenses for other members who
136 demonstrate hardship.
137 (d) Members of community alliances, partnerships, and
138 advisory groups are subject to part III of chapter 112, the code
139 of ethics for public officers and employees.
140 (e) Actions taken by community alliances, partnerships, and
141 advisory groups must be consistent with department policy and
142 state and federal laws and rules.
143 (f) Alliance, partnership, and advisory group members must
144 annually submit a disclosure statement of any interest in
145 services provided by the department to the department’s
146 inspector general. Any member who has an interest in a matter
147 under consideration by the alliance or partnership must abstain
148 from voting on that matter.
149 (g) All alliance, partnership, and advisory group meetings
150 are open to the public pursuant to s. 286.011 and are subject to
151 the public-records provisions of s. 119.07(1).
152 (6) PROCUREMENT OF HEALTH CARE SERVICES.—Competitive
153 bidding is not required for health services involving
154 examination, diagnosis, or treatment.
155 Section 3. Subsection (5) of section 20.43, Florida
156 Statutes, is amended to read:
157 20.43 Department of Health.—There is created a Department
158 of Health.
159 (5) The department shall plan and administer its public
160 health programs through its county health departments and may,
161 for administrative purposes and efficient service delivery,
162 establish up to 15 service areas to carry out such duties as may
163 be prescribed by the State Surgeon General. The boundaries of
164 the service areas shall be the same as, or combinations of, the
165 service districts of the Department of Children and Family
166 Services established in s. 20.19 and, to the extent practicable,
167 shall take into consideration the boundaries of the jobs and
168 education regional boards.
169 Section 4. Subsection (5) of section 394.78, Florida
170 Statutes, is amended to read:
171 394.78 Operation and administration; personnel standards;
172 procedures for audit and monitoring of service providers;
173 resolution of disputes.—
174 (5) In unresolved disputes regarding this part or rules
175 established pursuant to this part, providers and district health
176 and human services boards shall adhere to formal procedures
177 specified under s. 20.19(8)(n).
178 Section 5. During the 2010 regular legislative session, the
179 Legislature shall adopt legislation to conform the Florida
180 Statutes to the provisions of this act.
181 Section 6. This act shall take effect upon becoming a law.