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The Florida Senate

2003 Florida Statutes

Section 393.502, Florida Statutes 2003

393.502  Family care councils.--

(1)  CREATION.--There shall be established and located within each service district of the department a district family care council.

(2)  MEMBERSHIP.--

(a)  Each district family care council shall consist of at least 10 and no more than 15 members recommended by a majority vote of the district family care council and appointed by the Governor.

(b)  At least three of the members of the council must be consumers. One such member shall be a consumer who received developmental services within the 4 years prior to the date of recommendation, or the legal guardian of such a consumer. The remainder of the council members shall be parents, guardians, or siblings of persons with developmental disabilities who qualify for developmental services pursuant to this chapter.

(c)  A person who is currently serving on another board or council of the department may not be appointed to a district family care council.

(d)  Employees of the department are not eligible to serve on a district family care council.

(e)  Persons related by consanguinity or affinity within the third degree shall not serve on the same district family care council at the same time.

(f)  A chair for the council shall be chosen by the council members to serve for 1 year. A person may serve no more than four 1-year terms as chair.

(3)  TERMS; VACANCIES.--

(a)  Council members shall be appointed for a 3-year term, except as provided in subsection (8), and may be reappointed to one additional term.

(b)  A member who has served two consecutive terms shall not be eligible to serve again until 12 months have elapsed since ending his or her service on the district council.

(c)  Upon expiration of a term or in the case of any other vacancy, the district council shall, by majority vote, recommend to the Governor for appointment a person for each vacancy. If the Governor does not act on the council's recommendations within 45 days after receiving them, the persons recommended shall be considered to be appointed.

(4)  COMMITTEE APPOINTMENTS.--The chair of the district family care council may appoint persons to serve on council committees. Such persons may include former members of the council and persons not eligible to serve on the council.

(5)  TRAINING.--

(a)  The department, in consultation with the district councils, shall establish a training program for district family care council members. Each district shall provide the training program when new persons are appointed to the district council and at other times as the secretary deems necessary.

(b)  The training shall assist the council members to understand the laws, rules, and policies applicable to their duties and responsibilities.

(c)  All persons appointed to a district council must complete this training within 90 days after their appointment. A person who fails to meet this requirement shall be considered to have resigned from the council.

(6)  MEETINGS.--Council members shall serve on a voluntary basis without payment for their services but shall be reimbursed for per diem and travel expenses as provided for in s. 112.061 The council shall meet at least six times per year.

(7)  PURPOSE.--The purpose of the district family care councils shall be to advise the department and its district advisory boards, to develop a plan for the delivery of developmental services family support within the district, and to monitor the implementation and effectiveness of services and support provided under the plan. The primary functions of the district family care councils shall be to:

(a)  Assist in providing information and outreach to families.

(b)  Review the effectiveness of developmental services programs and make recommendations with respect to program implementation.

(c)  Advise district developmental services administrators with respect to policy issues relevant to the community and family support system in the district.

(d)  Meet and share information with other district family care councils.

(8)  NEW COUNCILS.--When a district family care council is established for the first time in a district, the Governor shall appoint the first four council members, who shall serve 3-year terms. These members shall submit to the Governor, within 90 days after their appointment, recommendations for at least six additional members, selected by majority vote. If the Governor does not act on the recommendations within 45 days after receiving them, the persons recommended shall be considered to be appointed. Those members recommended for appointment by the Governor shall serve for 2 years.

(9)  FUNDING; FINANCIAL REVIEW.--The district family care council may apply for, receive, and accept grants, gifts, donations, bequests, and other payments from any public or private entity or person. Each district council shall be subject to an annual financial review by district staff assigned by the district administrator. Each district council shall exercise care and prudence in the expenditure of funds. The district family care councils shall comply with state expenditure requirements.

History.--s. 4, ch. 93-143; s. 94, ch. 99-8; s. 5, ch. 2000-139.