Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7048
       FOR CONSIDERATION By the Committee on Children, Families, and
       Elder Affairs
       586-01624-12                                          20127048__
    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.; changing the
    4         name of the department to the “Department of Children
    5         and Families”; requiring that the department be
    6         geographically organized into circuits and regions;
    7         amending s. 20.19, F.S.; revising provisions relating
    8         to the establishment of the department; providing for
    9         a Director for Substance Abuse and Mental Health,
   10         appointed by the secretary of the department; revising
   11         the services provided by the department and abolishing
   12         the program offices; deleting provisions establishing
   13         service districts; providing for community alliances
   14         to be established at the discretion of the department,
   15         rather than required; revising the membership
   16         requirements for community alliances; deleting
   17         provisions providing for a prototype region; deleting
   18         provisions providing an exemption from competitive
   19         bids for certain health services; amending s. 20.43,
   20         F.S., relating to the service areas of the Department
   21         of Health; conforming provisions to the abolishment of
   22         the service districts of the Department of Children
   23         and Family Services; amending s. 39.01, F.S.;
   24         conforming a cross-reference; amending s. 394.78,
   25         F.S.; removing an obsolete reference to health and
   26         human services boards; amending s. 420.622, F.S.,
   27         relating to the State Office on Homelessness within
   28         the Department of Children and Families; removing a
   29         requirement that the executive director of the office
   30         be appointed by the Governor; providing for
   31         legislation to conform the Florida Statutes to changes
   32         made by the act; providing an effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. Subsection (4) of section 20.04, Florida
   37  Statutes, is amended to read:
   38         20.04 Structure of executive branch.—The executive branch
   39  of state government is structured as follows:
   40         (4) Within the Department of Children and Families Family
   41  Services there are organizational units called “circuits” and
   42  “regions.” “program offices,” headed by program directors. Each
   43  circuit is aligned geographically with each of the state’s
   44  judicial circuits, and each region is comprised of multiple
   45  circuits that are in geographical proximity to each other.
   46         Section 2. Section 20.19, Florida Statutes, is amended to
   47  read:
   48         20.19 Department of Children and Families Family Services.
   49  There is created a Department of Children and Families Family
   50  Services.
   51         (1) MISSION AND PURPOSE.—
   52         (a) The mission of the Department of Children and Family
   53  Services is to work in partnership with local communities to
   54  ensure the safety, well-being, and self-sufficiency of the
   55  people served.
   56         (b) The department shall develop a strategic plan for
   57  fulfilling its mission and establish a set of measurable goals,
   58  objectives, performance standards, and quality assurance
   59  requirements to ensure that the department is accountable to the
   60  people of Florida.
   61         (c) To the extent allowed by law and within specific
   62  appropriations, the department shall deliver services by
   63  contract through private providers.
   66         (a) The head of the department is the Secretary of Children
   67  and Families Family Services. The secretary is appointed by the
   68  Governor, subject to confirmation by the Senate. The secretary
   69  serves at the pleasure of the Governor.
   70         (b) The secretary shall appoint a deputy secretary who
   71  shall act in the absence of the secretary. The deputy secretary
   72  is directly responsible to the secretary, performs such duties
   73  as are assigned by the secretary, and serves at the pleasure of
   74  the secretary.
   75         (c)1. The secretary shall appoint an Assistant Secretary
   76  for Substance Abuse and Mental Health. The assistant secretary
   77  shall serve at the pleasure of the secretary and must have
   78  expertise in both areas of responsibility.
   79         2. The secretary shall appoint a Program Director for
   80  Substance Abuse and a Program Director for Mental Health who has
   81  have the requisite expertise and experience in their respective
   82  fields to head the state’s Substance Abuse and Mental Health
   83  Program Office programs.
   84         a. Each program director shall have line authority over all
   85  district substance abuse and mental health program management
   86  staff.
   87         b. The assistant secretary shall enter into a memorandum of
   88  understanding with each district or region administrator, which
   89  must be approved by the secretary or the secretary’s designee,
   90  describing the working relationships within each geographic
   91  area.
   92         c. The mental health institutions shall report to the
   93  Program Director for Mental Health.
   94         d. Each program director shall have direct control over the
   95  program’s budget and contracts for services. Support staff
   96  necessary to manage budget and contracting functions within the
   97  department shall be placed under the supervision of the program
   98  directors.
   99         (d) The secretary has the authority and responsibility to
  100  ensure that the mission of the department is fulfilled in
  101  accordance with state and federal laws, rules, and regulations.
  102         (3) PROGRAM DIRECTORS.—The secretary shall appoint program
  103  directors who serve at the pleasure of the secretary. The
  104  secretary may delegate to the program directors responsibilities
  105  for the management, policy, program, and fiscal functions of the
  106  department.
  108  OFFICES.—
  109         (a) The department shall provide the following services: is
  110  authorized to establish program offices and support offices,
  111  each of which shall be headed by a director or other management
  112  position who shall be appointed by and serves at the pleasure of
  113  the secretary.
  114         (b) The following program offices are established:
  115         1. Adult Protection Services.
  116         2. Child Care Regulation Services.
  117         3. Child Welfare.
  118         4.3. Domestic Violence.
  119         5.4. Economic Self-Sufficiency Services.
  120         5. Family Safety.
  121         6. Mental Health.
  122         7. Refugee Services.
  123         8. Substance Abuse.
  124         (b)(c)Program Offices and support offices may be
  125  consolidated, restructured, or rearranged by the secretary, in
  126  consultation with the Executive Office of the Governor, if
  127  provided any such consolidation, restructuring, or rearranging
  128  is capable of meeting functions and activities and achieving
  129  outcomes as delineated in state and federal laws, rules, and
  130  regulations. The secretary may appoint additional managers and
  131  administrators as he or she determines are necessary for the
  132  effective management of the department.
  133         (5) SERVICE DISTRICTS.—
  134         (a) The department shall plan and administer its programs
  135  of family services through service districts and subdistricts
  136  composed of the following counties:
  137         1. District 1.—Escambia, Santa Rosa, Okaloosa, and Walton
  138  Counties.
  139         2. District 2, Subdistrict A.—Holmes, Washington, Bay,
  140  Jackson, Calhoun, and Gulf Counties.
  141         3. District 2, Subdistrict B.—Gadsden, Liberty, Franklin,
  142  Leon, Wakulla, Jefferson, Madison, and Taylor Counties.
  143         4. District 3.—Hamilton, Suwannee, Lafayette, Dixie,
  144  Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and Alachua
  145  Counties.
  146         5. District 4.—Baker, Nassau, Duval, Clay, and St. Johns
  147  Counties.
  148         6. District 5.—Pasco and Pinellas Counties.
  149         7. District 6.—Hillsborough and Manatee Counties.
  150         8. District 7, Subdistrict A.—Seminole, Orange, and Osceola
  151  Counties.
  152         9. District 7, Subdistrict B.—Brevard County.
  153         10. District 8, Subdistrict A.—Sarasota and DeSoto
  154  Counties.
  155         11. District 8, Subdistrict B.—Charlotte, Lee, Glades,
  156  Hendry, and Collier Counties.
  157         12. District 9.—Palm Beach County.
  158         13. District 10.—Broward County.
  159         14. District 11, Subdistrict A.—Miami-Dade County.
  160         15. District 11, Subdistrict B.—Monroe County.
  161         16. District 12.—Flagler and Volusia Counties.
  162         17. District 13.—Marion, Citrus, Hernando, Sumter, and Lake
  163  Counties.
  164         18. District 14.—Polk, Hardee, and Highlands Counties.
  165         19. District 15.—Indian River, Okeechobee, St. Lucie, and
  166  Martin Counties.
  167         (b) The secretary shall appoint a district administrator
  168  for each of the service districts. The district administrator
  169  shall serve at the pleasure of the secretary and shall perform
  170  such duties as assigned by the secretary.
  171         (c) Each fiscal year the secretary shall, in consultation
  172  with the relevant employee representatives, develop projections
  173  of the number of child abuse and neglect cases and shall include
  174  in the department’s legislative budget request a specific
  175  appropriation for funds and positions for the next fiscal year
  176  in order to provide an adequate number of full-time equivalent:
  177         1. Child protection investigation workers so that caseloads
  178  do not exceed the Child Welfare League Standards by more than
  179  two cases; and
  180         2. Child protection case workers so that caseloads do not
  181  exceed the Child Welfare League Standards by more than two
  182  cases.
  183         (3)(6) COMMUNITY ALLIANCES.—
  184         (a) The department may shall, in consultation with local
  185  communities, establish a community alliance of the stakeholders,
  186  community leaders, client representatives, and funders of human
  187  services in each county to provide a focal point for community
  188  participation and governance of community-based services. An
  189  alliance may cover more than one county when such arrangement is
  190  determined to provide for more effective representation. The
  191  community alliance shall represent the diversity of the
  192  community.
  193         (b) The duties of the community alliance shall include, but
  194  not necessarily be limited to:
  195         1. Joint planning for resource utilization in the
  196  community, including resources appropriated to the department
  197  and any funds that local funding sources choose to provide.
  198         2. Needs assessment and establishment of community
  199  priorities for service delivery.
  200         3. Determining community outcome goals to supplement state
  201  required outcomes.
  202         4. Serving as a catalyst for community resource
  203  development.
  204         5. Providing for community education and advocacy on issues
  205  related to delivery of services.
  206         6. Promoting prevention and early intervention services.
  207         (c) The department shall ensure, to the greatest extent
  208  possible, that the formation of each community alliance builds
  209  on the strengths of the existing community human services
  210  infrastructure.
  211         (d) The initial membership of the community alliance in a
  212  county shall be composed of the following:
  213         1. A representative from the department. The district
  214  administrator.
  215         2. A representative from county government.
  216         3. A representative from the school district.
  217         4. A representative from the county United Way.
  218         5. A representative from the county sheriff’s office.
  219         6. A representative from the circuit court corresponding to
  220  the county.
  221         7. A representative from the county children’s board, if
  222  one exists.
  223         (e) At any time after the initial meeting of the community
  224  alliance, the community alliance shall adopt bylaws and may
  225  increase the membership of the alliance to include the state
  226  attorney for the judicial circuit in which the community
  227  alliance is located, or his or her designee, the public defender
  228  for the judicial circuit in which the community alliance is
  229  located, or his or her designee, and other individuals and
  230  organizations who represent funding organizations, are community
  231  leaders, have knowledge of community-based service issues, or
  232  otherwise represent perspectives that will enable them to
  233  accomplish the duties listed in paragraph (b), if, in the
  234  judgment of the alliance, such change is necessary to adequately
  235  represent the diversity of the population within the community
  236  alliance service circuits districts.
  237         (f) A member of the community alliance, other than a member
  238  specified in paragraph (d), may not receive payment for
  239  contractual services from the department or a community-based
  240  care lead agency.
  241         (g) Members of the community alliances shall serve without
  242  compensation, but are entitled to receive reimbursement for per
  243  diem and travel expenses, as provided in s. 112.061. Payment may
  244  also be authorized for preapproved child care expenses or lost
  245  wages for members who are consumers of the department’s services
  246  and for preapproved child care expenses for other members who
  247  demonstrate hardship.
  248         (h) Members of a community alliance are subject to the
  249  provisions of part III of chapter 112, the Code of Ethics for
  250  Public Officers and Employees.
  251         (i) Actions taken by a community alliance must be
  252  consistent with department policy and state and federal laws,
  253  rules, and regulations.
  254         (j) Alliance members shall annually submit a disclosure
  255  statement of services interests to the department’s inspector
  256  general. Any member who has an interest in a matter under
  257  consideration by the alliance must abstain from voting on that
  258  matter.
  259         (k) All alliance meetings are open to the public pursuant
  260  to s. 286.011 and the public records provision of s. 119.07(1).
  261         (7) PROTOTYPE REGION.—
  262         (a) Notwithstanding the provisions of this section, the
  263  department may consolidate the management and administrative
  264  structure or function of the geographic area that includes the
  265  counties in the sixth, twelfth, and thirteenth judicial circuits
  266  as defined in s. 26.021. The department shall evaluate the
  267  efficiency and effectiveness of the operation of the prototype
  268  region and upon a determination that there has been a
  269  demonstrated improvement in management and oversight of services
  270  or cost savings from more efficient administration of services,
  271  the secretary may consolidate management and administration of
  272  additional areas of the state. Any such additional consolidation
  273  shall comply with the provisions of subsection (5) unless
  274  legislative authorization to the contrary is provided.
  275         (b) Within the prototype region, the budget transfer
  276  authority defined in paragraph (5)(b) shall apply to the
  277  consolidated geographic area.
  278         (c) The department is authorized to contract for children’s
  279  services with a lead agency in each county of the prototype
  280  area, except that the lead agency contract may cover more than
  281  one county when it is determined that such coverage will provide
  282  more effective or efficient services. The duties of the lead
  283  agency shall include, but not necessarily be limited to:
  284         1. Directing and coordinating the program and children’s
  285  services within the scope of its contract.
  286         2. Providing or contracting for the provision of core
  287  services, including intake and eligibility, assessment, service
  288  planning, and case management.
  289         3. Creating a service provider network capable of
  290  delivering the services contained in client service plans, which
  291  shall include identifying the necessary services, the necessary
  292  volume of services, and possible utilization patterns and
  293  negotiating rates and expectations with providers.
  294         4. Managing and monitoring of provider contracts and
  295  subcontracts.
  296         5. Developing and implementing an effective bill payment
  297  mechanism to ensure all providers are paid in a timely fashion.
  298         6. Providing or arranging for administrative services
  299  necessary to support service delivery.
  300         7. Utilizing departmentally approved training and meeting
  301  departmentally defined credentials and standards.
  302         8. Providing for performance measurement in accordance with
  303  the department’s quality assurance program and providing for
  304  quality improvement and performance measurement.
  305         9. Developing and maintaining effective interagency
  306  collaboration to optimize service delivery.
  307         10. Ensuring that all federal and state reporting
  308  requirements are met.
  309         11. Operating a consumer complaint and grievance process.
  310         12. Ensuring that services are coordinated and not
  311  duplicated with other major payors, such as the local schools
  312  and Medicaid.
  313         13. Any other duties or responsibilities defined in s.
  314  409.1671 related to community-based care.
  316  is the intent of the Legislature that when county governments
  317  are required by law to participate in the funding of programs,
  318  the department shall consult with designated representatives of
  319  county governments in developing policies and service delivery
  320  plans for those programs.
  321         (9) PROCUREMENT OF HEALTH SERVICES.—Nothing contained in
  322  chapter 287 shall require competitive bids for health services
  323  involving examination, diagnosis, or treatment.
  324         Section 3. Subsection (5) of section 20.43, Florida
  325  Statutes, is amended to read:
  326         20.43 Department of Health.—There is created a Department
  327  of Health.
  328         (5) The department shall plan and administer its public
  329  health programs through its county health departments and may,
  330  for administrative purposes and efficient service delivery,
  331  establish up to 15 service areas to carry out such duties as may
  332  be prescribed by the State Surgeon General. The boundaries of
  333  the service areas shall be the same as, or combinations of, the
  334  service districts of the Department of Children and Family
  335  Services established in s. 20.19 and, to the extent practicable,
  336  shall take into consideration the boundaries of the jobs and
  337  education regional boards.
  338         Section 4. Subsection (27) of section 39.01, Florida
  339  Statutes, is amended to read:
  340         39.01 Definitions.—When used in this chapter, unless the
  341  context otherwise requires:
  342         (27) “District administrator” means the chief operating
  343  officer of each service district of the department as defined in
  344  s. 20.19(5) and, where appropriate, includes any district
  345  administrator whose service district falls within the boundaries
  346  of a judicial circuit.
  347         Section 5. Subsection (5) of section 394.78, Florida
  348  Statutes, is amended to read:
  349         394.78 Operation and administration; personnel standards;
  350  procedures for audit and monitoring of service providers;
  351  resolution of disputes.—
  352         (5) In unresolved disputes regarding this part or rules
  353  established pursuant to this part, providers and district health
  354  and human services boards shall adhere to formal procedures
  355  specified under s. 20.19(8)(n).
  356         Section 6. Subsection (1) of section 420.622, Florida
  357  Statutes, is amended to read:
  358         420.622 State Office on Homelessness; Council on
  359  Homelessness.—
  360         (1) The State Office on Homelessness is created within the
  361  Department of Children and Families Family Services to provide
  362  interagency, council, and other related coordination on issues
  363  relating to homelessness. An executive director of the office
  364  shall be appointed by the Governor.
  365         Section 7. During the 2013 regular legislative session, the
  366  Legislature shall adopt legislation to conform the Florida
  367  Statutes to the provisions of this act.
  368         Section 8. This act shall take effect July 1, 2012.