Florida Senate - 2012                                    SB 2048
       
       
       
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       586-02087-12                                          20122048__
    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; revising the membership
   14         requirements for community alliances; deleting
   15         provisions providing for a prototype region; deleting
   16         provisions providing an exemption from competitive
   17         bids for certain health services; amending s. 20.43,
   18         F.S., relating to the service areas of the Department
   19         of Health; conforming provisions to the abolishment of
   20         the service districts of the Department of Children
   21         and Family Services; amending s. 39.01, F.S.;
   22         conforming a cross-reference; amending s. 394.78,
   23         F.S.; removing an obsolete reference to health and
   24         human services boards; amending s. 420.622, F.S.,
   25         relating to the State Office on Homelessness within
   26         the Department of Children and Families; removing a
   27         requirement that the executive director of the office
   28         be appointed by the Governor; providing for
   29         legislation to conform the Florida Statutes to changes
   30         made by the act; providing an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (4) of section 20.04, Florida
   35  Statutes, is amended to read:
   36         20.04 Structure of executive branch.—The executive branch
   37  of state government is structured as follows:
   38         (4) Within the Department of Children and Families Family
   39  Services there are organizational units called “circuits” and
   40  “regions.” “program offices,” headed by program directors. Each
   41  circuit is aligned geographically with each of the state’s
   42  judicial circuits, and each region is comprised of multiple
   43  circuits that are in geographical proximity to each other.
   44         Section 2. Section 20.19, Florida Statutes, is amended to
   45  read:
   46         20.19 Department of Children and Families Family Services.
   47  There is created a Department of Children and Families Family
   48  Services.
   49         (1) MISSION AND PURPOSE.—
   50         (a) The mission of the Department of Children and Family
   51  Services is to work in partnership with local communities to
   52  ensure the safety, well-being, and self-sufficiency of the
   53  people served.
   54         (b) The department shall develop a strategic plan for
   55  fulfilling its mission and establish a set of measurable goals,
   56  objectives, performance standards, and quality assurance
   57  requirements to ensure that the department is accountable to the
   58  people of Florida.
   59         (c) To the extent allowed by law and within specific
   60  appropriations, the department shall deliver services by
   61  contract through private providers.
   62         (2) SECRETARY OF CHILDREN AND FAMILIES FAMILY SERVICES;
   63  DEPUTY SECRETARY.—
   64         (a) The head of the department is the Secretary of Children
   65  and Families Family Services. The secretary is appointed by the
   66  Governor, subject to confirmation by the Senate. The secretary
   67  serves at the pleasure of the Governor.
   68         (b) The secretary shall appoint a deputy secretary who
   69  shall act in the absence of the secretary. The deputy secretary
   70  is directly responsible to the secretary, performs such duties
   71  as are assigned by the secretary, and serves at the pleasure of
   72  the secretary.
   73         (c)1. The secretary shall appoint an Assistant Secretary
   74  for Substance Abuse and Mental Health. The assistant secretary
   75  shall serve at the pleasure of the secretary and must have
   76  expertise in both areas of responsibility.
   77         2. The secretary shall appoint a Program Director for
   78  Substance Abuse and a Program Director for Mental Health who has
   79  have the requisite expertise and experience in their respective
   80  fields to head the state’s Substance Abuse and Mental Health
   81  Program Office programs.
   82         a. Each program director shall have line authority over all
   83  district substance abuse and mental health program management
   84  staff.
   85         b. The assistant secretary shall enter into a memorandum of
   86  understanding with each district or region administrator, which
   87  must be approved by the secretary or the secretary’s designee,
   88  describing the working relationships within each geographic
   89  area.
   90         c. The mental health institutions shall report to the
   91  Program Director for Mental Health.
   92         d. Each program director shall have direct control over the
   93  program’s budget and contracts for services. Support staff
   94  necessary to manage budget and contracting functions within the
   95  department shall be placed under the supervision of the program
   96  directors.
   97         (d) The secretary has the authority and responsibility to
   98  ensure that the mission of the department is fulfilled in
   99  accordance with state and federal laws, rules, and regulations.
  100         (3) PROGRAM DIRECTORS.—The secretary shall appoint program
  101  directors who serve at the pleasure of the secretary. The
  102  secretary may delegate to the program directors responsibilities
  103  for the management, policy, program, and fiscal functions of the
  104  department.
  105         (3)(4)SERVICES PROVIDED PROGRAM OFFICES AND SUPPORT
  106  OFFICES.—
  107         (a) The department shall provide the following services: is
  108  authorized to establish program offices and support offices,
  109  each of which shall be headed by a director or other management
  110  position who shall be appointed by and serves at the pleasure of
  111  the secretary.
  112         (b) The following program offices are established:
  113         1. Adult Protection Services.
  114         2. Child Care Regulation Services.
  115         3. Child Welfare.
  116         4.3. Domestic Violence.
  117         5.4. Economic Self-Sufficiency Services.
  118         5. Family Safety.
  119         6. Mental Health.
  120         7. Refugee Services.
  121         8. Substance Abuse.
  122         (b)(c)Program Offices and support offices may be
  123  consolidated, restructured, or rearranged by the secretary, in
  124  consultation with the Executive Office of the Governor, if
  125  provided any such consolidation, restructuring, or rearranging
  126  is capable of meeting functions and activities and achieving
  127  outcomes as delineated in state and federal laws, rules, and
  128  regulations. The secretary may appoint additional managers and
  129  administrators as he or she determines are necessary for the
  130  effective management of the department.
  131         (5) SERVICE DISTRICTS.—
  132         (a) The department shall plan and administer its programs
  133  of family services through service districts and subdistricts
  134  composed of the following counties:
  135         1. District 1.—Escambia, Santa Rosa, Okaloosa, and Walton
  136  Counties.
  137         2. District 2, Subdistrict A.—Holmes, Washington, Bay,
  138  Jackson, Calhoun, and Gulf Counties.
  139         3. District 2, Subdistrict B.—Gadsden, Liberty, Franklin,
  140  Leon, Wakulla, Jefferson, Madison, and Taylor Counties.
  141         4. District 3.—Hamilton, Suwannee, Lafayette, Dixie,
  142  Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and Alachua
  143  Counties.
  144         5. District 4.—Baker, Nassau, Duval, Clay, and St. Johns
  145  Counties.
  146         6. District 5.—Pasco and Pinellas Counties.
  147         7. District 6.—Hillsborough and Manatee Counties.
  148         8. District 7, Subdistrict A.—Seminole, Orange, and Osceola
  149  Counties.
  150         9. District 7, Subdistrict B.—Brevard County.
  151         10. District 8, Subdistrict A.—Sarasota and DeSoto
  152  Counties.
  153         11. District 8, Subdistrict B.—Charlotte, Lee, Glades,
  154  Hendry, and Collier Counties.
  155         12. District 9.—Palm Beach County.
  156         13. District 10.—Broward County.
  157         14. District 11, Subdistrict A.—Miami-Dade County.
  158         15. District 11, Subdistrict B.—Monroe County.
  159         16. District 12.—Flagler and Volusia Counties.
  160         17. District 13.—Marion, Citrus, Hernando, Sumter, and Lake
  161  Counties.
  162         18. District 14.—Polk, Hardee, and Highlands Counties.
  163         19. District 15.—Indian River, Okeechobee, St. Lucie, and
  164  Martin Counties.
  165         (b) The secretary shall appoint a district administrator
  166  for each of the service districts. The district administrator
  167  shall serve at the pleasure of the secretary and shall perform
  168  such duties as assigned by the secretary.
  169         (c) Each fiscal year the secretary shall, in consultation
  170  with the relevant employee representatives, develop projections
  171  of the number of child abuse and neglect cases and shall include
  172  in the department’s legislative budget request a specific
  173  appropriation for funds and positions for the next fiscal year
  174  in order to provide an adequate number of full-time equivalent:
  175         1. Child protection investigation workers so that caseloads
  176  do not exceed the Child Welfare League Standards by more than
  177  two cases; and
  178         2. Child protection case workers so that caseloads do not
  179  exceed the Child Welfare League Standards by more than two
  180  cases.
  181         (4)(6) COMMUNITY ALLIANCES.—
  182         (a) The department shall, in consultation with local
  183  communities, establish a community alliance of the stakeholders,
  184  community leaders, client representatives, and funders of human
  185  services in each county to provide a focal point for community
  186  participation and governance of community-based services. An
  187  alliance may cover more than one county when such arrangement is
  188  determined to provide for more effective representation. The
  189  community alliance shall represent the diversity of the
  190  community.
  191         (b) The duties of the community alliance shall include, but
  192  not necessarily be limited to:
  193         1. Joint planning for resource utilization in the
  194  community, including resources appropriated to the department
  195  and any funds that local funding sources choose to provide.
  196         2. Needs assessment and establishment of community
  197  priorities for service delivery.
  198         3. Determining community outcome goals to supplement state
  199  required outcomes.
  200         4. Serving as a catalyst for community resource
  201  development.
  202         5. Providing for community education and advocacy on issues
  203  related to delivery of services.
  204         6. Promoting prevention and early intervention services.
  205         (c) The department shall ensure, to the greatest extent
  206  possible, that the formation of each community alliance builds
  207  on the strengths of the existing community human services
  208  infrastructure.
  209         (d) The initial membership of the community alliance in a
  210  county shall be composed of the following:
  211         1. A representative from the department. The district
  212  administrator.
  213         2. A representative from county government.
  214         3. A representative from the school district.
  215         4. A representative from the county United Way.
  216         5. A representative from the county sheriff’s office.
  217         6. A representative from the circuit court corresponding to
  218  the county.
  219         7. A representative from the county children’s board, if
  220  one exists.
  221         (e) At any time after the initial meeting of the community
  222  alliance, the community alliance shall adopt bylaws and may
  223  increase the membership of the alliance to include the state
  224  attorney for the judicial circuit in which the community
  225  alliance is located, or his or her designee, the public defender
  226  for the judicial circuit in which the community alliance is
  227  located, or his or her designee, and other individuals and
  228  organizations who represent funding organizations, are community
  229  leaders, have knowledge of community-based service issues, or
  230  otherwise represent perspectives that will enable them to
  231  accomplish the duties listed in paragraph (b), if, in the
  232  judgment of the alliance, such change is necessary to adequately
  233  represent the diversity of the population within the community
  234  alliance service circuits districts.
  235         (f) A member of the community alliance, other than a member
  236  specified in paragraph (d), may not receive payment for
  237  contractual services from the department or a community-based
  238  care lead agency.
  239         (g) Members of the community alliances shall serve without
  240  compensation, but are entitled to receive reimbursement for per
  241  diem and travel expenses, as provided in s. 112.061. Payment may
  242  also be authorized for preapproved child care expenses or lost
  243  wages for members who are consumers of the department’s services
  244  and for preapproved child care expenses for other members who
  245  demonstrate hardship.
  246         (h) Members of a community alliance are subject to the
  247  provisions of part III of chapter 112, the Code of Ethics for
  248  Public Officers and Employees.
  249         (i) Actions taken by a community alliance must be
  250  consistent with department policy and state and federal laws,
  251  rules, and regulations.
  252         (j) Alliance members shall annually submit a disclosure
  253  statement of services interests to the department’s inspector
  254  general. Any member who has an interest in a matter under
  255  consideration by the alliance must abstain from voting on that
  256  matter.
  257         (k) All alliance meetings are open to the public pursuant
  258  to s. 286.011 and the public records provision of s. 119.07(1).
  259         (7) PROTOTYPE REGION.—
  260         (a) Notwithstanding the provisions of this section, the
  261  department may consolidate the management and administrative
  262  structure or function of the geographic area that includes the
  263  counties in the sixth, twelfth, and thirteenth judicial circuits
  264  as defined in s. 26.021. The department shall evaluate the
  265  efficiency and effectiveness of the operation of the prototype
  266  region and upon a determination that there has been a
  267  demonstrated improvement in management and oversight of services
  268  or cost savings from more efficient administration of services,
  269  the secretary may consolidate management and administration of
  270  additional areas of the state. Any such additional consolidation
  271  shall comply with the provisions of subsection (5) unless
  272  legislative authorization to the contrary is provided.
  273         (b) Within the prototype region, the budget transfer
  274  authority defined in paragraph (5)(b) shall apply to the
  275  consolidated geographic area.
  276         (c) The department is authorized to contract for children’s
  277  services with a lead agency in each county of the prototype
  278  area, except that the lead agency contract may cover more than
  279  one county when it is determined that such coverage will provide
  280  more effective or efficient services. The duties of the lead
  281  agency shall include, but not necessarily be limited to:
  282         1. Directing and coordinating the program and children’s
  283  services within the scope of its contract.
  284         2. Providing or contracting for the provision of core
  285  services, including intake and eligibility, assessment, service
  286  planning, and case management.
  287         3. Creating a service provider network capable of
  288  delivering the services contained in client service plans, which
  289  shall include identifying the necessary services, the necessary
  290  volume of services, and possible utilization patterns and
  291  negotiating rates and expectations with providers.
  292         4. Managing and monitoring of provider contracts and
  293  subcontracts.
  294         5. Developing and implementing an effective bill payment
  295  mechanism to ensure all providers are paid in a timely fashion.
  296         6. Providing or arranging for administrative services
  297  necessary to support service delivery.
  298         7. Utilizing departmentally approved training and meeting
  299  departmentally defined credentials and standards.
  300         8. Providing for performance measurement in accordance with
  301  the department’s quality assurance program and providing for
  302  quality improvement and performance measurement.
  303         9. Developing and maintaining effective interagency
  304  collaboration to optimize service delivery.
  305         10. Ensuring that all federal and state reporting
  306  requirements are met.
  307         11. Operating a consumer complaint and grievance process.
  308         12. Ensuring that services are coordinated and not
  309  duplicated with other major payors, such as the local schools
  310  and Medicaid.
  311         13. Any other duties or responsibilities defined in s.
  312  409.1671 related to community-based care.
  313         (5)(8) CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.—It
  314  is the intent of the Legislature that when county governments
  315  are required by law to participate in the funding of programs,
  316  the department shall consult with designated representatives of
  317  county governments in developing policies and service delivery
  318  plans for those programs.
  319         (9) PROCUREMENT OF HEALTH SERVICES.—Nothing contained in
  320  chapter 287 shall require competitive bids for health services
  321  involving examination, diagnosis, or treatment.
  322         Section 3. Subsection (5) of section 20.43, Florida
  323  Statutes, is amended to read:
  324         20.43 Department of Health.—There is created a Department
  325  of Health.
  326         (5) The department shall plan and administer its public
  327  health programs through its county health departments and may,
  328  for administrative purposes and efficient service delivery,
  329  establish up to 15 service areas to carry out such duties as may
  330  be prescribed by the State Surgeon General. The boundaries of
  331  the service areas shall be the same as, or combinations of, the
  332  service districts of the Department of Children and Family
  333  Services established in s. 20.19 and, to the extent practicable,
  334  shall take into consideration the boundaries of the jobs and
  335  education regional boards.
  336         Section 4. Subsection (27) of section 39.01, Florida
  337  Statutes, is amended to read:
  338         39.01 Definitions.—When used in this chapter, unless the
  339  context otherwise requires:
  340         (27) “District administrator” means the chief operating
  341  officer of each service district of the department as defined in
  342  s. 20.19(5) and, where appropriate, includes any district
  343  administrator whose service district falls within the boundaries
  344  of a judicial circuit.
  345         Section 5. Subsection (5) of section 394.78, Florida
  346  Statutes, is amended to read:
  347         394.78 Operation and administration; personnel standards;
  348  procedures for audit and monitoring of service providers;
  349  resolution of disputes.—
  350         (5) In unresolved disputes regarding this part or rules
  351  established pursuant to this part, providers and district health
  352  and human services boards shall adhere to formal procedures
  353  specified under s. 20.19(8)(n).
  354         Section 6. Subsection (1) of section 420.622, Florida
  355  Statutes, is amended to read:
  356         420.622 State Office on Homelessness; Council on
  357  Homelessness.—
  358         (1) The State Office on Homelessness is created within the
  359  Department of Children and Families Family Services to provide
  360  interagency, council, and other related coordination on issues
  361  relating to homelessness. An executive director of the office
  362  shall be appointed by the Governor.
  363         Section 7. During the 2013 regular legislative session, the
  364  Legislature shall adopt legislation to conform the Florida
  365  Statutes to the provisions of this act.
  366         Section 8. This act shall take effect July 1, 2012.