Senate Bill 1050c1

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    Florida Senate - 1998                           CS for SB 1050

    By the Committee on Children, Families and Seniors and Senator
    Rossin




    300-1658E-98

  1                      A bill to be entitled

  2         An act relating to family safety; amending s.

  3         20.19, F.S.; providing legislative findings and

  4         intent; providing for the appointment of a

  5         Deputy Secretary for Family Services of the

  6         Department of Children and Family Services;

  7         providing qualifications; providing

  8         responsibilities; requiring an annual review of

  9         child protection resources and an annual report

10         to the Governor and the Legislature; requiring

11         a district program administrator for family

12         safety in each service district; requiring

13         administrative services centers; requiring an

14         implementation plan for administrative services

15         centers; increasing the membership of the

16         Statewide Health and Human Services Board;

17         creating s. 402.401, F.S.; providing for

18         competency-based training for child protection

19         staff; amending s. 409.1671, F.S.; providing

20         legislative intent; defining the terms

21         "privatize" and "related services"; requiring

22         the Department of Children and Family Services

23         to develop a plan to accomplish statewide

24         privatization within a specified time period

25         and to submit the plan to the Governor and to

26         designated legislative officials by a specified

27         date; requiring the department to state whether

28         and why privatization cannot be accomplished in

29         a particular district or portion of a district

30         and how the department will address the

31         obstacles to privatization; providing

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    Florida Senate - 1998                           CS for SB 1050
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  1         requirements for and restrictions upon funding

  2         for privatization; providing that

  3         community-based agencies that provide foster

  4         care and related services are agents of the

  5         state for specified purposes; providing for

  6         indemnification of the state; creating s.

  7         415.5145, F.S.; providing for the family safety

  8         quality assurance and improvement process;

  9         providing effective dates.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 20.19, Florida Statutes, is amended

14  to read:

15         20.19  Department of Children and Family

16  Services.--There is created a Department of Children and

17  Family Services.

18         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

19  declares that the protection of children, the elderly, and

20  vulnerable adults from abuse is one of its most important

21  priorities. It is the intent of the Legislature that the

22  department integrate child protection services, services to

23  victims of domestic violence, and services to elders and

24  disabled adults who are victims of abuse. Greater integration

25  of planning and delivery of services related to child and

26  adult protection and domestic violence is essential because it

27  is becoming increasingly clear that these forms of abuse are

28  interrelated. Research strongly indicates that violence within

29  the family is intergenerational and cyclical:  persons who are

30  abused as children are more likely than others to become

31  abusive parents themselves, and persons who abuse one member

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    Florida Senate - 1998                           CS for SB 1050
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  1  of their family are likely to abuse other vulnerable family

  2  members as well. Further, research suggests that early

  3  exposure to violence in the family, including witnessing

  4  violence or physical abuse, significantly increases the risk

  5  of violent behavior during adolescence and adulthood. It is

  6  the intent of the Legislature that the department focus on the

  7  safety and service needs of abused or neglected children and

  8  adults with the goal of delivering the most appropriate

  9  services in a timely and professional manner. It is the intent

10  of the Legislature that all family safety services be

11  delivered by trained and skilled persons and integrated to the

12  extent possible with other social, health, and educational

13  services.

14         (2)(1)  MISSION AND PURPOSE.--

15         (a)  The mission of the Department of Children and

16  Family Services is to work in partnership with local

17  communities to help people be self-sufficient and live in

18  stable families and communities.

19         (b)  The purposes of the Department of Children and

20  Family Services are to deliver, or provide for the delivery

21  of, all family services offered by the state through the

22  department to its citizens and include, but are not limited

23  to:

24         1.  Cooperating with other state and local agencies in

25  integrating the delivery of all family and health services

26  offered by the state to those citizens in need of assistance.

27         2.  Providing such assistance as is authorized to all

28  eligible clients in order that they might achieve or maintain

29  economic self-support and self-sufficiency to prevent, reduce,

30  or eliminate dependency.

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  1         3.  Preventing or remedying the neglect, abuse, or

  2  exploitation of children and of adults unable to protect their

  3  own interests.

  4         4.  Aiding in the preservation, rehabilitation, and

  5  reuniting of children and families when it is in the

  6  children's best interest to do so, and when the children

  7  cannot remain with the family, achieving permanence for those

  8  children as quickly as possible.

  9         5.  Preventing or reducing inappropriate institutional

10  care by providing for community-based care, home-based care,

11  or other forms of less intensive care.

12         6.  Securing referral or admission for institutional

13  care when other forms of care are not appropriate, or

14  providing services to individuals in institutions when

15  necessary.

16         7.  Improving the quality of life for persons with

17  mental illnesses and persons with developmental disabilities.

18         8.  Addressing the problems and behaviors that result

19  from intergenerational family violence, including abuse of

20  children, spouses, and vulnerable adults.

21         (c)  In fulfillment of this mission and these purposes,

22  the department shall create a 5-year strategic plan which

23  reflects broad societal outcomes, sets forth a broad framework

24  within which the district plans are developed, and establishes

25  a set of measurable goals and objectives consistent with

26  performance outcomes, outputs, and standards under chapter

27  94-249, Laws of Florida, the Government Performance and

28  Accountability Act, and operational performance standards to

29  ensure that the department is accountable to the people of

30  Florida.

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  1         (d)  The secretary, deputy secretary, deputy secretary

  2  for family safety, district administrators, and assistant

  3  secretaries are authorized to appoint ad hoc advisory

  4  committees when necessary. The problem or issue that an ad hoc

  5  committee is asked to address, and the timeframe within which

  6  the committee is to complete its work, shall be specified at

  7  the time of the initial appointment of the committee. Ad hoc

  8  advisory committees shall include representatives of

  9  individuals, groups, associations, or institutions that may be

10  affected by the issue or problem that the committee is asked

11  to examine. Committee members shall receive no compensation,

12  but may, within existing resources of the department, be

13  reimbursed for travel expenses as provided for in s. 112.061.

14         (2)  SECRETARY OF CHILDREN AND FAMILY SERVICES; DEPUTY

15  SECRETARY.--

16         (a)  The head of the department is the Secretary of

17  Children and Family Services. The secretary is appointed by

18  the Governor subject to confirmation by the Senate. The

19  secretary serves at the pleasure of the Governor.

20         (b)  The secretary shall appoint a deputy secretary who

21  shall act in the absence of the secretary. The deputy

22  secretary is directly responsible to the secretary, performs

23  such duties as are assigned by the secretary, and serves at

24  the pleasure of the secretary.

25         (c)  The secretary shall ensure the establishment of

26  statewide needs assessment methodologies for all departmental

27  client target groups, to be applied uniformly across the state

28  in order to identify the total statewide need for the target

29  group and ensure comparability of data from one service

30  district region to another. As appropriate, these

31  methodologies shall include health, economic, and

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  1  sociodemographic indicators of need and shall ensure the use

  2  of uniform waiting list criteria.

  3         (d)  The secretary has the authority and responsibility

  4  to ensure that the purpose of the department is fulfilled in

  5  accordance with state and federal laws, rules, and

  6  regulations.

  7         (e)  The secretary is responsible for evaluation,

  8  departmental legal services, and inspector general functions.

  9  The secretary may assign performance of evaluation functions

10  or departmental legal services to any appropriate unit within

11  the department.

12         (f)  The secretary is responsible for assuring that the

13  district administrators equitably share the districts'

14  administrative and support functions with family safety

15  programs and services.

16         (f)  The secretary may establish regional processing

17  centers to provide selected administrative functions designed

18  to support multiple districts. These offices may not have line

19  authority over district offices and may not be interposed

20  between district management and the secretary. These offices

21  may be created, consolidated, restructured, or rearranged by

22  the secretary, within the limitations provided for in chapter

23  216, in order to achieve more effective and efficient

24  performance of service delivery and support functions to

25  multiple districts. In the establishment of any administrative

26  processing centers pursuant to this paragraph, the department

27  is directed to avoid consolidation of functions that support

28  service-delivery decisionmaking such as budgetary functions;

29  discretionary decisions regarding procurement of goods and

30  services; and decisions regarding recruitment, hiring, and

31  evaluation of staff. This paragraph does not restrict local

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  1  decisionmaking by supervisors or managers regarding

  2  discretionary functions. Any consolidation of administrative

  3  functions under this paragraph shall be designed to minimize

  4  any adverse impact on service districts or institutions.

  5         (3)  OFFICE OF STANDARDS AND EVALUATION.--There is

  6  created under the secretary the Office of Standards and

  7  Evaluation which has the following responsibilities:

  8         (a)  With the assistance of the Deputy Secretary for

  9  Family Safety, assistant secretaries, district administrators,

10  and health and human services boards, establishing outcome

11  measures and performance and productivity standards related to

12  service delivery, support, and procedures.

13         (b)  Directing the development of monitoring and

14  quality assurance and improvement systems for statewide and

15  district services that will routinely assess the efficiency

16  and effectiveness of departmental and provider staff and

17  services.

18         (c)  Validating the monitoring and quality assurance

19  and improvement activities of statewide and district service

20  providers and staff to ensure that these activities are being

21  conducted routinely and that corrective action is being taken

22  to eliminate deficiencies detected by these activities.

23         (d)  Conducting evaluations, directly or by contract,

24  of programs and services provided by the department to

25  determine whether improvement in the condition of individuals,

26  families, and communities has occurred as a result of these

27  programs and services.  The evaluations must include an

28  assessment of the short-term effects on individuals and

29  families and the long-term effects on communities and the

30  state.  Outcome evaluation studies shall be conducted in

31  response to priorities determined by the department and the

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  1  Legislature and to the extent that funding is provided by the

  2  Legislature.

  3         (e)  Consulting with the inspector general to ensure

  4  the integrity of the monitoring and evaluation process and the

  5  validity of the data derived from these activities.

  6         (f)  Developing procedures for the competitive

  7  procurement of external evaluations, including detailed

  8  specifications for all evaluation contracts.

  9         (g)  Developing the budget for the department's

10  evaluation efforts and identifying future evaluation needs,

11  including infrastructure needs to support the outcome

12  evaluation function.

13         (h)  Such other duties relating to evaluation as may be

14  assigned to the Office of Standards and Evaluation by the

15  secretary.

16         (4)  PROGRAM OFFICES.--

17         (a)  There are created program offices, each of which

18  shall be headed by an assistant secretary who shall be

19  appointed by and serve at the pleasure of the secretary.  Each

20  program office shall have the following responsibilities:

21         1.  Ensuring that family services programs are

22  implemented according to legislative intent and as provided in

23  state and federal laws, rules, and regulations.

24         2.  Establishing program standards and performance

25  objectives.

26         3.  Reviewing, monitoring, and ensuring compliance with

27  statewide standards and performance objectives.

28         4.  Conducting outcome evaluations and ensuring program

29  effectiveness.

30         5.  Developing workload and productivity standards.

31         6.  Developing resource allocation methodologies.

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  1         7.  Compiling reports, analyses, and assessment of

  2  client needs on a statewide basis.

  3         8.  Ensuring the continued interagency collaboration

  4  with the Department of Education for the development and

  5  integration of effective programs to serve children and their

  6  families.

  7         9.  Other duties as are assigned by the secretary.

  8         (b)  The following program offices are established and

  9  may be consolidated, restructured, or rearranged by the

10  secretary; provided any such consolidation, restructuring, or

11  rearranging is for the purpose of encouraging service

12  integration through more effective and efficient performance

13  of the program offices or parts thereof:

14         1.  Economic Self-Sufficiency Program Office.--The

15  responsibilities of this office encompass income support

16  programs within the department, such as temporary assistance

17  to families with dependent children, food stamps, welfare

18  reform, and state supplementation of the supplemental security

19  income (SSI) program.

20         2.  Developmental Services Program Office.--The

21  responsibilities of this office encompass programs operated by

22  the department for developmentally disabled persons.

23  Developmental disabilities include any disability defined in

24  s. 393.063.

25         3.  Children and Families Program Office.--The

26  responsibilities of this program office encompass early

27  intervention services for children and families at risk;

28  intake services for protective investigation of abandoned,

29  abused, and neglected children; interstate compact on the

30  placement of children programs; adoption; child care;

31  out-of-home care programs and other specialized services to

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  1  families; and child protection and sexual abuse treatment

  2  teams created under chapter 415, excluding medical direction

  3  functions.

  4         3.4.  Alcohol, Drug Abuse, and Mental Health Program

  5  Office.--The responsibilities of this office encompass all

  6  alcohol, drug abuse, and mental health programs operated by

  7  the department.

  8         (5)  DEPUTY SECRETARY FOR FAMILY SAFETY.--

  9         (a)  The secretary shall appoint a Deputy Secretary for

10  Family Safety who serves at the pleasure of, and is directly

11  responsible to, the secretary. The Deputy Secretary for Family

12  Safety must have program expertise in family safety programs

13  and management experience which is sufficient to enable him or

14  her to successfully meet the programmatic and organizational

15  challenges of the position.

16         (b)  Family safety programs include, but are not

17  limited to, prevention and early-intervention services for

18  children and families at risk of abuse or neglect; the Florida

19  abuse hotline for all reports of abuse, neglect, or

20  exploitation; investigations, family preservation, support,

21  and other in-home services; protective supervision programs;

22  licensure activities; child welfare legal services;

23  out-of-home care programs; in-home supervision; adoptions;

24  child care; programs concerning the interstate compact on the

25  placement of children; specialized services to families;

26  services relating to domestic violence; child protection and

27  sexual abuse treatment teams under chapter 415, excluding

28  medical direction functions; and adult protective services.

29         (c)  The Deputy Secretary for Family Safety is

30  responsible for planning, coordinating, and managing the

31  delivery of all family safety programs and services. The

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  1  Deputy Secretary for Family Safety is responsible and

  2  accountable for the department's fulfillment of its mission as

  3  articulated by the Legislature through such means as the

  4  assignment of program standards and performance outcomes. The

  5  Deputy Secretary for Family Safety has line authority over all

  6  departmental employees engaged in directly providing or

  7  managing the delivery of family safety programs and services

  8  offered by the department or provided by agencies that are

  9  under contract with the department. The Deputy Secretary for

10  Family Safety has the following responsibilities, which

11  include, but are not limited to:

12         1.  Ensuring that the family safety programs and

13  services are implemented in accordance with state and federal

14  laws, rules, and regulations.

15         2.  Establishing program, staffing, and workload

16  standards and objectives, and establishing performance

17  outcomes for programs and services.

18         3.  Conducting short-term and long-term program

19  planning activities, including interprogram planning.

20         4.  Developing legislative budget requests.

21         5.  Performing quality assurance and improvement

22  functions.

23         6.  Developing program policies and rules, and

24  providing policy interpretations in order to achieve statewide

25  consistency.

26         7.  Reviewing and monitoring programs and spending

27  plans and providing technical assistance to programs in order

28  to ensure compliance and accountability with statewide

29  programs standards, performance objectives, and state and

30  federal laws, rules, and regulations.

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  1         8.  Conducting activities related to program research

  2  and conducting activities related to outcome evaluation and

  3  program effectiveness.

  4         9.  Developing budget and resource allocation

  5  methodologies and strategies, including district budget

  6  allocations.

  7         10.  Developing funding sources external to state

  8  government.

  9         11.  Obtaining, approving, monitoring, and coordinating

10  research and program development grants.

11         12.  Compiling reports, analyses, and assessments of

12  client needs and services statewide.

13         13.  Conducting staff development and training.

14         14.  Entering contracts.

15         15.  Working with other states, associations, and

16  experts in the field of family safety in creating innovative

17  and effective strategies for addressing family violence and

18  achieving family safety.

19         16.  Ensuring collaboration with other appropriate

20  departments for the development and integration of effective

21  programs to serve children and their families.

22         (d)  The Deputy Secretary for Family Safety shall

23  conduct an annual review of the child protection resources

24  distributed to the 15 districts to determine the need to

25  transfer resources among the districts to address specific

26  client service needs. This review must use specified

27  allocation methodologies and formulas for achieving defined

28  program or service standards and shall consider any stressors

29  unique to a district or to any portion of a district. The

30  decision to reallocate resources may not be based in part or

31  in whole on the inefficiency of a district to manage its

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  1  resources but may be an incentive for exceptional achievement

  2  of outcomes. The secretary must approve the transfer of child

  3  protection resources among districts resulting from this

  4  review. The secretary's current authority to periodically

  5  reallocate staff resources is not affected by this review. The

  6  secretary and the Deputy Secretary for Family Safety shall

  7  submit a report by October 1 of each year to the Governor, the

  8  President of the Senate, and the Speaker of the House of

  9  Representatives on the findings and actions associated with

10  the allocation review.

11         (6)(5)  ASSISTANT SECRETARY FOR ADMINISTRATION.--

12         (a)  The secretary shall appoint an Assistant Secretary

13  for Administration who serves at the pleasure of the

14  secretary. The Assistant Secretary for Administration is

15  responsible for:

16         1.  Supervising all of the budget management activities

17  of the department and serving as the chief budget officer of

18  the department.

19         2.  Providing administrative and management support

20  services above the district level.

21         3.  Monitoring administrative and management support

22  services in the districts.

23         4.  Developing and implementing uniform policies,

24  procedures, and guidelines with respect to personnel

25  administration, finance and accounting, budget, grants

26  management and disbursement, contract administration,

27  procurement, information and communications systems,

28  management evaluation and improvement, and general services,

29  including housekeeping, maintenance, and leasing of

30  facilities.

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  1         5.  Performing such other administrative duties as are

  2  assigned by the secretary.

  3         (b)  If reductions in a district's operating budget

  4  become necessary during any fiscal year, the department shall

  5  develop a formula to be used in its recommendations to the

  6  Governor and Legislature which does not disproportionately

  7  reduce a district's operating budget because of voluntary

  8  county appropriations to department programs.

  9         (7)(6)  SERVICE DISTRICTS.--The department shall plan

10  and administer its programs of family services through service

11  districts and subdistricts composed of the following counties:

12         District 1.--Escambia, Santa Rosa, Okaloosa, and Walton

13  Counties;

14         District 2, Subdistrict A.--Holmes, Washington, Bay,

15  Jackson, Calhoun, and Gulf Counties;

16         District 2, Subdistrict B.--Gadsden, Liberty, Franklin,

17  Leon, Wakulla, Jefferson, Madison, and Taylor Counties;

18         District 3.--Hamilton, Suwannee, Lafayette, Dixie,

19  Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and

20  Alachua Counties;

21         District 4.--Baker, Nassau, Duval, Clay, and St. Johns

22  Counties;

23         District 5.--Pasco and Pinellas Counties;

24         District 6.--Hillsborough and Manatee Counties;

25         District 7, Subdistrict A.--Seminole, Orange, and

26  Osceola Counties;

27         District 7, Subdistrict B.--Brevard County;

28         District 8, Subdistrict A.--Sarasota and DeSoto

29  Counties;

30         District 8, Subdistrict B.--Charlotte, Lee, Glades,

31  Hendry, and Collier Counties;

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  1         District 9.--Palm Beach County;

  2         District 10.--Broward County;

  3         District 11, Subdistrict A.--Dade County;

  4         District 11, Subdistrict B.--Monroe County;

  5         District 12.--Flagler and Volusia Counties;

  6         District 13.--Marion, Citrus, Hernando, Sumter, and

  7  Lake Counties;

  8         District 14.--Polk, Hardee, and Highlands Counties; and

  9         District 15.--Indian River, Okeechobee, St. Lucie, and

10  Martin Counties.

11         (8)(7)  HEALTH AND HUMAN SERVICES BOARDS.--

12         (a)  There is created at least one health and human

13  services board in each service district for the purpose of

14  encouraging the initiation and support of interagency

15  cooperation and collaboration in addressing family services

16  needs and promoting service integration. The initial

17  membership and the authority to appoint the members shall be

18  allocated among the counties of each district as follows:

19         1.  District 1 has a board composed of 15 members, with

20  3 at-large members to be appointed by the Governor, and 12

21  members to be appointed by the boards of county commissioners

22  of the respective counties, as follows: Escambia County, 6

23  members; Okaloosa County, 3 members; Santa Rosa County, 2

24  members; and Walton County, 1 member.

25         2.  District 2 has a board composed of 23 members, with

26  5 at-large members to be appointed by the Governor, and 18

27  members to be appointed by the boards of county commissioners

28  in the respective counties, as follows: Holmes County, 1

29  member; Washington County, 1 member; Bay County, 2 members;

30  Jackson County, 1 member; Calhoun County, 1 member; Gulf

31  County, 1 member; Gadsden County, 1 member; Franklin County, 1

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  1  member; Liberty County, 1 member; Leon County, 4 members;

  2  Wakulla County, 1 member; Jefferson County, 1 member; Madison

  3  County, 1 member; and Taylor County, 1 member.

  4         3.  District 3 has a board composed of 19 members, with

  5  4 at-large members to be appointed by the Governor, and 15

  6  members to be appointed by the boards of county commissioners

  7  of the respective counties, as follows: Hamilton County, 1

  8  member; Suwannee County, 1 member; Lafayette County, 1 member;

  9  Dixie County, 1 member; Columbia County, 1 member; Gilchrist

10  County, 1 member; Levy County, 1 member; Union County, 1

11  member; Bradford County, 1 member; Putnam County, 1 member;

12  and Alachua County, 5 members.

13         4.  District 4 has a board composed of 15 members, with

14  3 at-large members to be appointed by the Governor, and 12

15  members to be appointed by the boards of county commissioners

16  of the respective counties, as follows: Baker County, 1

17  member; Nassau County, 1 member; Duval County, 7 members; Clay

18  County, 2 members; and St. Johns County, 1 member.

19         5.  District 5 has a board composed of 15 members, with

20  3 at-large members to be appointed by the Governor, and 12

21  members to be appointed by the boards of county commissioners

22  of the respective counties, as follows: Pasco County, 3

23  members; and Pinellas County, 9 members.

24         6.  District 6 has a board composed of 15 members, with

25  3 at-large members to be appointed by the Governor, and 12

26  members to be appointed by the boards of county commissioners

27  of the respective counties, as follows: Hillsborough County, 9

28  members; and Manatee County, 3 members.

29         7.  District 7 has a board composed of 15 members, with

30  3 at-large members to be appointed by the Governor, and 12

31  members to be appointed by the boards of county commissioners

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  1  in the respective counties, as follows: Seminole County, 3

  2  members; Orange County, 5 members; Osceola County, 1 member;

  3  and Brevard County, 3 members.

  4         8.  District 8 has a board composed of 15 members, with

  5  3 at-large members to be appointed by the Governor, and 12

  6  members to be appointed by the boards of county commissioners

  7  in the respective counties, as follows: Sarasota County, 3

  8  members; DeSoto County, 1 member; Charlotte County, 1 member;

  9  Lee County, 3 members; Glades County, 1 member; Hendry County,

10  1 member; and Collier County, 2 members.

11         9.  District 9 has a board composed of 15 members, with

12  3 at-large members to be appointed by the Governor, and 12

13  members to be appointed by the Board of County Commissioners

14  of Palm Beach County.

15         10.  District 10 has a board composed of 15 members,

16  with 3 at-large members to be appointed by the Governor, and

17  12 members to be appointed by the Board of County

18  Commissioners of Broward County.

19         11.  District 11 has two boards, one from Dade County

20  and one from Monroe County. Each board is composed of 15

21  members, with 3 at-large members to be appointed to each board

22  by the Governor, and 12 members to be appointed by each of the

23  respective boards of county commissioners.

24         12.  District 12 has a board composed of 15 members,

25  with 3 at-large members to be appointed by the Governor, and

26  12 members to be appointed by the boards of county

27  commissioners of the respective counties, as follows: Flagler

28  County, 3 members; and Volusia County, 9 members.

29         13.  District 13 has a board composed of 15 members,

30  with 3 at-large members to be appointed by the Governor, and

31  12 members to be appointed by the boards of county

                                  17

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  1  commissioners of the respective counties, as follows: Marion

  2  County, 4 members; Citrus County, 2 members; Hernando County,

  3  2 members; Sumter County, 1 member; and Lake County, 3

  4  members.

  5         14.  District 14 has a board composed of 15 members,

  6  with 3 at-large members to be appointed by the Governor, and

  7  12 members to be appointed by the boards of county

  8  commissioners of the respective counties, as follows: Polk

  9  County, 9 members; Highlands County, 2 members; and Hardee

10  County, 1 member.

11         15.  District 15 has a board composed of 15 members,

12  with 3 at-large members to be appointed by the Governor, and

13  12 members to be appointed by the boards of county

14  commissioners of the respective counties, as follows: Indian

15  River County, 3 members; Okeechobee County, 1 member; St.

16  Lucie County, 5 members; and Martin County, 3 members.

17

18  Notwithstanding any other provisions of this subsection, in

19  districts consisting of two counties, the number of members to

20  be appointed by any one board of county commissioners may not

21  be fewer than three nor more than nine.

22         (b)  At any time after the adoption of initial bylaws

23  pursuant to paragraph (o), a district health and human

24  services board may adopt a bylaw that enlarges the size of the

25  board up to a maximum of 23 members, or otherwise adjusts the

26  size or composition of the board, including a decision to

27  change from a district board to subdistrict boards, or from a

28  subdistrict board to a district board, if in the judgment of

29  the board, such change is necessary to adequately represent

30  the diversity of the population within the district or

31  subdistrict. In the creation of subdistrict boards, the bylaws

                                  18

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  1  shall set the size of the board, not to exceed 15 members, and

  2  shall set the number of appointments to be made by the

  3  Governor and the respective boards of county commissioners in

  4  the subdistrict. The Governor shall be given the authority to

  5  appoint no fewer than one-fifth of the members. Current

  6  members of the district board shall become members of the

  7  subdistrict board in the subdistrict where they reside.

  8  Vacancies on a newly created subdistrict board shall be filled

  9  from among the list of nominees submitted to the subdistrict

10  nominee qualifications review committee pursuant to subsection

11  (9)(8).

12         (c)  The appointments by the Governor and the boards of

13  county commissioners are from nominees selected by the

14  appropriate district nominee qualifications review committee

15  pursuant to subsection (9)(8). Membership of each board must

16  be representative of its district with respect to age, gender,

17  and ethnicity. For boards having 15 members or fewer, at least

18  two members must be consumers of the department's services.

19  For boards having more than 15 members, there must be at least

20  three consumers on the board. Members must have demonstrated

21  their interest and commitment to, and have appropriate

22  expertise for, meeting the health and family services needs of

23  the community. The Governor shall appoint nominees whose

24  presence on the health and human services board will help

25  assure that the board reflects the demographic characteristics

26  and consumer perspective of each of the service districts.

27         (d)1.  Board members shall submit annually a disclosure

28  statement of health and family services interests to the

29  department's inspector general and the board. Any member who

30  has an interest in a matter under consideration by the board

31  must abstain from voting. Board members are subject to the

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  1  provisions of s. 112.3145, relating to disclosure of financial

  2  interests.

  3         2.  Individual providers or employees of provider

  4  agencies, other than employees of units of local or state

  5  government, may not serve as health and human services board

  6  members but may serve in an advisory capacity to the board.

  7  Salaried employees of units of local or state government

  8  occupying positions providing services under contract with the

  9  department may not serve as members of the board. Elected

10  officials who have authority to appoint members to a health

11  and human services board may not serve as members of a board.

12  The district administrator shall serve as a nonvoting ex

13  officio member of the board. A department employee may not be

14  a member of the board.

15         (e)  Appointments to fill vacancies created by the

16  death, resignation, or removal of a member are for the

17  unexpired term. A member may not serve more than two full

18  consecutive terms.

19         (f)  A member who is absent from three meetings within

20  any 12-month period, without having been excused by the

21  chairperson, is deemed to have resigned, and the board shall

22  immediately declare the seat vacant. Members may be suspended

23  or removed for cause by a majority vote of the board members

24  or by the Governor.

25         (g)  Members of the health and human services boards

26  shall serve without compensation, but are entitled to receive

27  reimbursement for per diem and travel expenses as provided in

28  s. 112.061. Payment may also be authorized for preapproved

29  child care expenses or lost wages for members who are

30  consumers of the department's services and for preapproved

31

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  1  child care expenses for other members who demonstrate

  2  hardship.

  3         (h)  Appointees to the health and human services board

  4  are subject to the provisions of chapter 112, part III, Code

  5  of Ethics for Public Officers and Employees.

  6         (i)  Actions taken by the board must be consistent with

  7  departmental policy and state and federal laws, rules, and

  8  regulations.

  9         (j)  The department shall provide comprehensive

10  orientation and training to the members of the boards to

11  enable them to fulfill their responsibilities.

12         (k)  Each health and human services board, and each of

13  its subcommittees, shall hold periodic public meetings and

14  hearings throughout the district to receive input on the

15  development of the district service delivery plan, the

16  legislative budget request, and the performance of the

17  department.

18         (l)  Except as otherwise provided in this section,

19  responsibility and accountability for local family services

20  planning rests with the health and human services boards. All

21  local family-services-related planning or advisory councils

22  shall submit their plans to the health and human services

23  boards. The boards shall provide input on the plan's attention

24  to integrating service delivery at the local level.  The

25  health and human services boards may establish additional

26  subcouncils or technical advisory committees.

27         (m)  The health and human services boards shall operate

28  through an annual agreement negotiated between the secretary

29  and the board. Such agreements must include expected outcomes

30  and provide for periodic reports and evaluations of district

31  and board performance and must also include a core set of

                                  21

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  1  service elements to be developed by the secretary and used by

  2  the boards in district needs assessments to ensure consistency

  3  in the development of district legislative budget requests.

  4         (n)  The annual agreement between the secretary and the

  5  board must include provisions that specify the procedures to

  6  be used by the parties to resolve differences in the

  7  interpretation of the agreement or disputes as to the adequacy

  8  of the parties' compliance with their respective obligations

  9  under the agreement.

10         (o)  Except for the programs and services under the

11  Deputy Secretary for Family Safety, health and human services

12  boards have the following responsibilities, with respect to

13  those programs and services assigned to the districts, as

14  developed jointly with the district administrator:

15         1.  Establish district outcome measures consistent with

16  statewide outcomes.

17         2.  Conduct district needs assessments using

18  methodologies consistent with those established by the

19  secretary.

20         3.  Negotiate with the secretary a district performance

21  agreement that:

22         a.  Identifies current resources and services

23  available;

24         b.  Identifies unmet needs and gaps in services;

25         c.  Establishes service and funding priorities;

26         d.  Establishes outcome measures for the district; and

27         e.  Identifies expenditures and the number of clients

28  to be served, by service.

29         4.  Provide budget oversight, including development and

30  approval of the district's legislative budget request.

31

                                  22

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  1         5.  Provide policy oversight, including development and

  2  approval of district policies and procedures.

  3         6.  Act as a focal point for community participation in

  4  department activities such as:

  5         a.  Assisting in the integration of all health and

  6  social services within the community;

  7         b.  Assisting in the development of community

  8  resources;

  9         c.  Advocating for community programs and services;

10         d.  Receiving and addressing concerns of consumers and

11  others; and

12         e.  Advising the district administrator on the

13  administration of service programs throughout the district.

14         7.  Advise the district administrator on ways to

15  integrate the delivery of family and health care services at

16  the local level.

17         8.  Make recommendations which would enhance district

18  productivity and efficiency, ensure achievement of performance

19  standards, and assist the district in improving the

20  effectiveness of the services provided.

21         9.  Review contract provider performance reports.

22         10.  Immediately upon appointment of the membership,

23  develop bylaws that clearly identify and describe operating

24  procedures for the board. At a minimum, the bylaws must

25  specify notice requirements for all regular and special

26  meetings of the board, the number of members required to

27  constitute a quorum, and the number of affirmative votes of

28  members present and voting that are required to take official

29  and final action on a matter before the board.

30         11.a.  Determine the board's internal organizational

31  structure, including the designation of standing committees.

                                  23

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  1  In order to foster the coordinated and integrated delivery of

  2  family services in its community, a local board shall use a

  3  committee structure that is based on issues, such as children,

  4  housing, transportation, or health care. Each such committee

  5  must include consumers, advocates, providers, and department

  6  staff from every appropriate program area. In addition, each

  7  board and district administrator shall jointly identify

  8  community entities, including, but not limited to, the Area

  9  Agency on Aging, and resources outside the department to be

10  represented on the committees of the board.

11         b.  The district juvenile justice boards established in

12  s. 39.025 constitute the standing committee on issues relating

13  to planning, funding, or evaluation of programs and services

14  relating to the juvenile justice continuum.

15         12.  Participate with the secretary in the selection of

16  a district administrator according to the provisions of

17  paragraph (11)(b) (9)(b).

18         13.  Complete an annual evaluation of the district and

19  review the evaluation at a meeting of the board at which the

20  public has an opportunity to comment.

21         14.  Provide input to the secretary on the annual

22  evaluation of the district administrator. The board may

23  request that the secretary submit a written report on the

24  actions to be taken to address negative aspects of the

25  evaluation. At any time, the board may recommend to the

26  secretary that the district administrator be discharged. Upon

27  receipt of such a recommendation, the secretary shall make a

28  formal reply to the board stating the action to be taken with

29  respect to the board's recommendation. The board does not

30  participate in the selection or the retention of the district

31  program administrator for family safety.

                                  24

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  1         15.  Advise the district program administrator for

  2  family safety on family issues.

  3         16.15.  Elect a chair and other officers, as specified

  4  in the bylaws, from among the members of the board.

  5         (9)(8)  DISTRICT NOMINEE QUALIFICATIONS REVIEW

  6  COMMITTEES.--

  7         (a)  There is created a nominee qualifications review

  8  committee in each service district for the purpose of

  9  screening and evaluating applicants and recommending nominees

10  for the district health and human services board. A member of

11  a nominee qualifications review committee must be a resident

12  of the district and is not eligible to be nominated for

13  appointment to a health and human services board.

14         (b)  The appointments to a nominee qualifications

15  review committee are made as follows:

16         1.  In a district composed of one county, the Governor

17  shall appoint two members, the board of county commissioners

18  shall appoint two members, the district school board shall

19  appoint one member, the chief judge of the circuit shall

20  appoint one member, and these appointees shall appoint three

21  additional members.

22         2.  In a district composed of two counties, the

23  Governor shall appoint two members, each board of county

24  commissioners shall appoint two members, each district school

25  board shall appoint one member, the chief judge of the circuit

26  containing the most populous county shall appoint one member,

27  and these appointees shall appoint three additional members.

28         3.  In a district composed of three counties, the

29  Governor shall appoint two members, each board of county

30  commissioners shall appoint two members, each district school

31  board shall appoint one member, the chief judge of the circuit

                                  25

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  1  containing the most populous county shall appoint one member,

  2  and these appointees shall appoint four additional members.

  3         4.  In a district composed of four counties, the

  4  Governor shall appoint two members, each board of county

  5  commissioners shall appoint one member, except that the board

  6  of county commissioners of the most populous county shall

  7  appoint two members, each district school board shall appoint

  8  one member, the chief judge of the circuit containing the most

  9  populous county shall appoint one member, and these appointees

10  shall appoint four additional members.

11         5.  In a district composed of five counties, the

12  Governor shall appoint three members, each board of county

13  commissioners shall appoint one member, except that the board

14  of county commissioners of the most populous county shall

15  appoint two members, each district school board shall appoint

16  one member, the chief judge of the circuit containing the most

17  populous county shall appoint one member, and these appointees

18  shall appoint five additional members.

19         6.  In a district composed of six counties, the

20  Governor shall appoint three members, each board of county

21  commissioners shall appoint one member, except that the board

22  of county commissioners of the most populous county shall

23  appoint two members, each district school board shall appoint

24  one member, the chief judge of the circuit containing the most

25  populous county shall appoint one member, and these appointees

26  shall appoint three additional members.

27         7.  In a district composed of eight counties, the

28  Governor shall appoint three members, each board of county

29  commissioners shall appoint one member, except that the board

30  of county commissioners of the most populous county shall

31  appoint two members, each district school board shall appoint

                                  26

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  1  one member, the chief judge of the circuit containing the most

  2  populous county shall appoint one member, and these appointees

  3  shall appoint three additional members.

  4         8.  In a district composed of 11 counties, the Governor

  5  shall appoint 2 members, each board of county commissioners

  6  shall appoint 1 member, except that the board of county

  7  commissioners of the most populous county shall appoint 2

  8  members, each district school board shall appoint 1 member,

  9  the chief judge of the circuit containing the most populous

10  county shall appoint 1 member, and these appointees shall

11  appoint 3 additional members.

12         (c)  Appointees to a district nominee qualifications

13  review committee must have substantial professional or

14  volunteer experience in planning, delivering, or evaluating

15  health and family services within their communities. In

16  addition to these qualifications, it is the intent of the

17  Legislature that nominee qualifications review committees

18  represent the diversity of their respective districts by the

19  inclusion of representation of such groups as:

20         1.  County government;

21         2.  District school systems;

22         3.  The judiciary;

23         4.  Law enforcement;

24         5.  Consumers of departmental services;

25         6.  Advocates for persons receiving or eligible to

26  receive services provided or funded by the department;

27         7.  Funders of health and family services in the

28  community;

29         8.  The medical community;

30         9.  Chambers of commerce;

31         10.  Major cities; and

                                  27

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  1         11.  Universities and community colleges.

  2         (d)  The initial terms of persons appointed by the

  3  Governor or board of county commissioners are for 2 years.

  4  Persons initially appointed by other appointing authorities

  5  have 4-year terms. Thereafter, the terms of all appointees are

  6  4 years. A person who, at the expiration of his or her term,

  7  has served on a nominee qualifications review committee for

  8  more than 5 years is not eligible for reappointment.

  9         (e)  Members of a nominee qualifications review

10  committee shall serve without compensation, but are entitled

11  to receive reimbursement for per diem and travel expenses as

12  provided in s. 112.061. Payment may also be authorized for

13  preapproved child care expenses or lost wages for members who

14  are consumers of the department and for preapproved child care

15  expenses for other members who demonstrate hardship.

16         (f)  Each district nominee qualifications review

17  committee shall conduct its business according to the

18  following procedures:

19         1.  The public shall be provided reasonable advance

20  notice of regular and special meetings;

21         2.  A majority of the members, plus one, is necessary

22  to constitute a quorum, and the affirmative vote of a majority

23  of those present is necessary to take official action;

24         3.  All meetings and records shall be open to the

25  public pursuant to s. 286.011;

26         4.  The deadline for submission of nominee applications

27  may not be less than 30 days after the date of publication of

28  a notice of vacancy and solicitation of nominee applications

29  from interested persons; and

30         5.  A person may not be nominated for appointment to a

31  district health and human services board except by submission

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  1  of a standard nominee application form, which shall be

  2  developed by the department and distributed to all nominee

  3  qualifications review committees.

  4         (g)  Each district nominee qualifications review

  5  committee shall submit to the appointing authorities in its

  6  respective district a pool of nominees equal to three times

  7  the number of vacancies on the district health and human

  8  services board. The pool of nominees submitted by each

  9  district nominee qualifications review committee must be

10  balanced with respect to age, gender, ethnicity, and other

11  demographic characteristics so that the appointees to the

12  district health and human services board reflect the diversity

13  of the population within its service district. It is the

14  further intent of the Legislature that the Governor appoint

15  nominees whose presence on the health and human services board

16  will help assure that the board reflects the demographic

17  characteristics and consumer perspectives of each of the

18  service districts. If, following the appointments by the

19  boards of county commissioners, the remaining nominees in the

20  pool do not, in the judgment of the Governor, provide

21  sufficient diversity to effectuate the intent of this

22  paragraph, the Governor may request that the district nominee

23  qualifications review committee submit the names of three

24  additional nominees for each vacant position on the board.

25         (10)  DISTRICT PROGRAM ADMINISTRATOR FOR FAMILY

26  SAFETY.--

27         (a)  A district program administrator for family safety

28  who is exempt from the Career Service System established in

29  part II of chapter 110 is to be appointed in each district. A

30  district program administrator for family safety shall be

31  appointed in each district who has program expertise in family

                                  29

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  1  safety services and management experience and who is directly

  2  responsible to the Deputy Secretary for Family Safety. The

  3  district administrator and the deputy secretary for family

  4  safety shall jointly make decisions regarding the appointment

  5  and dismissal of the district program administrator for family

  6  safety, except that if the district administrator does not

  7  concur with the decision regarding dismissal, the decision of

  8  the deputy secretary shall be final. The district program

  9  administrator for family safety has direct line authority over

10  all family safety programs and services within his district.

11  The Deputy Secretary for Family Safety is to provide overall

12  policy direction to the district program administrator for

13  family safety, but in order to tailor programs and services to

14  address local needs and build on local strengths, the

15  day-to-day operational decisions for local family safety

16  services and programs are to be made by the district program

17  administrator for family safety or by staff as delegated by

18  the district program administrator for family safety either

19  directly or through contract. The district program

20  administrator for family safety is responsible to the Deputy

21  Secretary for Family Safety for implementing statewide policy.

22  The district program administrator for family safety is

23  directly accountable for the organization and delivery of

24  services to meet the needs of the clients within the district.

25  The district program administrator for family safety must

26  involve the appropriate local community-based departmental

27  staff, consumers of the department's services, community

28  leaders, organizations, and the public as frequently as

29  possible in policy and operational decisions that affect

30  programs and services in their community. The evaluation of

31  the performance of the district program administrator for

                                  30

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  1  family safety is based on the performance of his duties and

  2  responsibilities as specified in this subsection in fulfilling

  3  the mission of the department at the district level. The

  4  responsibilities of the district program administrator for

  5  family safety include, but are not limited to:

  6         1.  Directing, supervising, and monitoring district

  7  service programs in conformity with state and federal laws,

  8  rules, and regulations; district and statewide service plans;

  9  and all other policies, procedures, and guidelines established

10  by the Deputy Secretary for Family Safety.

11         2.  Administering the continuum of programs and

12  services of the district and managing the personnel and

13  facilities associated with those programs that serve the

14  district.

15         3.  Administering state funds allocated to the district

16  as well as proper claiming of federal funds.

17         4.  Identifying county and district needs.

18         5.  Establishing district policies and procedures as

19  required to discharge the duties of the district program

20  administrator for family safety and to implement and adapt the

21  policies, procedures, and guidelines established by the

22  department to the needs of the district.

23         6.  Identifying and developing community resources,

24  including the development of and assistance to local providers

25  who are interested in becoming privatized providers of all or

26  a portion of the department's services as described in this

27  section.

28         7.  Coordinating the programs and services provided by

29  the department with those of other public and private agencies

30  that provide health, social, educational, and rehabilitative

31

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  1  services to the same children and their families within the

  2  district.

  3         8.  Developing the legislative budget requests and

  4  providing technical assistance and consultation on pertinent

  5  program issued as needed.

  6         9.  Serving as program spokesperson in educating the

  7  public as to the availability of programs and the needs of

  8  clients.

  9         10.  Serving as primary staff-development adviser in

10  assessing the needs of staff and developing training and

11  staff-development programs.

12         11.  Performing other duties assigned by the Deputy

13  Secretary for Family Safety.

14         (b)  In order to enhance service coordination and

15  integration with other health and human services, each

16  district, in conjunction with the Deputy Secretary for Family

17  Safety, must develop a service integration strategy for

18  linking family safety programs with the department's programs

19  under the planning authority of the district administrator and

20  the district health and human services boards. At a minimum,

21  the strategy must identify problems and issues hindering

22  service delivery and develop corrective actions for

23  alleviating those problems and barriers.

24         (c)  There shall be an annual agreement between the

25  district program administrator for family safety and the

26  Deputy Secretary for Family Safety which must include expected

27  district performance outcomes and provide for periodic reports

28  and evaluations to the Deputy Secretary of Family Safety of

29  district performance. The agreement must specify the

30  disciplinary actions that will be taken by the Deputy

31  Secretary for Family Safety when the district program

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  1  administrator for family safety fails to meet the outcomes

  2  specified in the agreement and must specify rewards when

  3  performance expectations are exceeded.

  4         (11)(9)  DISTRICT ADMINISTRATOR.--

  5         (a)  The secretary shall appoint a district

  6  administrator for each of the service districts. Each district

  7  administrator serves at the pleasure of the secretary and has

  8  the same standing within the department as an assistant

  9  secretary. Except for family safety services as defined in s.

10  20.19(5) and as otherwise provided in this section, each

11  district administrator has direct line authority over all

12  departmental programs assigned to the district. In addition to

13  those responsibilities assigned by law, the district

14  administrator shall carry out those duties delegated by the

15  secretary.

16         (b)  Upon the resignation or removal of a district

17  administrator, the secretary shall notify the chairperson of

18  the health and human services board in the district and shall

19  advertise the position in accordance with departmental policy.

20  The board, or a designated committee of the board, shall

21  solicit applications for the position of district

22  administrator, screen applicants, and submit the names of not

23  more than five nor fewer than three qualified candidates to

24  the secretary. The secretary shall appoint the district

25  administrator from among the nominees submitted by the health

26  and human services board. If the secretary determines that

27  none of the nominees should be appointed, the secretary shall

28  notify the board and request that additional recruitment

29  efforts be initiated and that, following such efforts, the

30  names of additional qualified nominees be submitted.

31  Applications for the position of district administrator are

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  1  public records; and meetings of the board or a committee of

  2  the board for the purpose of screening, evaluating, or

  3  interviewing an applicant for the position of district

  4  administrator are open to the public.

  5         (c)  The duties of the district administrator include,

  6  but are not limited to:

  7         1.  Ensuring jointly with the health and human services

  8  board that the administration of all service programs is

  9  carried out in conformity with state and federal laws, rules,

10  and regulations, statewide service plans, and any other

11  policies, procedures, and guidelines established by the

12  secretary.

13         2.  Administering the offices of the department within

14  the district and directing and coordinating all personnel,

15  facilities, and programs of the department located in that

16  district, except as otherwise provided herein.

17         3.  Applying standard information, referral, intake,

18  diagnostic and evaluation, and case management procedures

19  established by the secretary. Such procedures shall include,

20  but are not limited to, a protective investigation system for

21  dependency programs serving abandoned, abused, and neglected

22  children.

23         4.  Centralizing to the greatest extent possible the

24  administrative functions associated with the provision of

25  services of the department within the district.

26         5.  Coordinating the services provided by the

27  department in the district with the District Program

28  Administrator for Family Safety, with those of other

29  districts, with the Secretary of Juvenile Justice, the

30  district juvenile justice manager, and public and private

31  agencies that provide health, social, educational, or

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  1  rehabilitative services within the district. Such coordination

  2  of services includes cooperation with the superintendent of

  3  each school district in the department's service district to

  4  achieve the first state education goal, readiness to start

  5  school.

  6         6.  Except as otherwise provided in this section,

  7  appointing all personnel within the district. The district

  8  administrator and the secretary shall jointly appoint the

  9  superintendent of each institution under the jurisdiction of

10  the department within the district. The district administrator

11  and the deputy secretary for family safety shall jointly make

12  decisions regarding the appointment and dismissal of the

13  district program administrator for family safety, except that

14  if the district administrator does not concur with the

15  decision regarding dismissal, the decision of the deputy

16  secretary is final.

17         7.  Establishing, with the approval of the health and

18  human services board, such policies and procedures as may be

19  required to discharge his or her duties and implement and

20  conform the policies, procedures, and guidelines established

21  by the secretary to the needs of the district.

22         8.  Assuring that the administrative and support

23  functions retained under the jurisdiction of the district

24  administrator are shared equitably with family safety programs

25  and services.

26         9.8.  Transferring up to 10 percent of the total

27  district budget, with the approval of the secretary, to

28  maximize effective program delivery, the provisions of ss.

29  216.292 and 216.351 notwithstanding.

30         (d)  Two or more district administrators may, with the

31  approval of the secretary, consolidate administrative

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  1  functions in order to achieve more efficient and effective

  2  performance of service delivery and support functions.

  3         (d)(e)  Programs at the district level are in the

  4  following areas: alcohol, drug abuse, and mental health;

  5  developmental services; and economic self-sufficiency

  6  services; and children and family services. There may be a

  7  program supervisor for each program, or the district

  8  administrator may combine programs under a program manager or

  9  program supervisor if such arrangement is approved by the

10  secretary.

11         (e)  The administrative and support services that are

12  not performed by the administrative services centers,

13  including the preparation of the district budget request and

14  administration of the approved operating budget, are the

15  responsibility of the district.

16         (f)  The district manager for administrative services

17  shall provide the following administrative and management

18  support services to the district in accordance with the

19  uniform policies, procedures, and guidelines established by

20  the Assistant Secretary for Administration:

21         1.  Finance and accounting.

22         2.  Grants management and disbursement.

23         3.  Personnel administration.

24         4.  Purchasing and procurement.

25         5.  General services, including housekeeping and

26  maintenance of facilities.

27         6.  Assisting the district administrator in preparation

28  of the district budget request and administration of the

29  approved operating budget.

30         7.  The district manager for administrative services is

31  the chief budget officer of the district.

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  1         8.  Other administrative duties as assigned by the

  2  district administrator.

  3         (f)(g)  To ensure effective contract management, each

  4  district administrator and the district program administrator

  5  for family safety shall establish an interdisciplinary

  6  contract evaluation team to assess the efficacy of district

  7  contracts and evaluate contractor performance and

  8  administrative compliance.  The contract evaluation team shall

  9  report their findings to, and coordinate their activities

10  with, the Office of Standards and Evaluation.

11         (12)  ADMINISTRATIVE SERVICES CENTERS.--

12         (a)  The department shall deliver its programs and

13  services through no more than two administrative services

14  centers that are defined by the secretary. These centers are

15  responsible for providing selected administrative functions

16  designed to support multiple districts. The administrative

17  services functions that may be performed by these

18  administrative services centers include the following:

19         1.  Finance and accounting.

20         2.  Grants management and disbursement.

21         3.  Personnel administration.

22         4.  Purchasing and procurement.

23         5.  General services, including housekeeping and

24  maintenance of facilities.

25         (b)  The administrative services centers may not have

26  line authority over district offices and may not be interposed

27  between the secretary and district administrators or between

28  the district program administrators for family safety and the

29  Deputy Secretary for Family Safety. These centers may be

30  created, consolidated, restructured, or rearranged by the

31  secretary, within the limitations provided in chapter 216, in

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  1  order to achieve more effective and efficient performance of

  2  service delivery and support functions to multiple districts.

  3  In the establishment of any administrative services centers

  4  under this paragraph, the department shall avoid consolidation

  5  of functions that support service-delivery decisionmaking,

  6  such as budgetary functions; discretionary decisions regarding

  7  procurement of goods and services; and decisions regarding

  8  recruitment, hiring, and evaluation of staff. Any

  9  consolidation of administrative functions under this paragraph

10  shall be designed to minimize any adverse impact on service

11  districts or institutions.

12         (c)  Each administrative services center shall report

13  to the Assistant Secretary for Administration, who shall

14  provide appropriate policy direction to the centers to assure

15  the implementation of uniform policies and procedures.

16         (d)  The Legislature intends for the department to save

17  at least 20 percent in district administrative expenditures

18  through the operation of administrative services centers. The

19  cost savings that result from the creation of administrative

20  services centers must be used to enhance the family safety

21  quality assurance and improvement program.

22         (e)  The department shall submit an implementation plan

23  to the Governor, the President of the Senate, and the Speaker

24  of the House of Representatives by October 1, 1998. The plan

25  must include the following:  the number of centers, location

26  of the centers, the districts assigned to each center, and the

27  services assigned to each center; the number of and type of

28  FTEs and amount of funds for salaries, benefits, and expenses

29  to be transferred from the 15 administrative services

30  operations of the districts to the centers; the proposed cost

31  savings associated with the development of the centers; an

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  1  itemized description of those family safety programs and

  2  services to be established with cost savings; and the

  3  timeframes for establishing centers and programs. The

  4  administrative services centers must be operational no later

  5  than July 1, 1999.

  6         (13)(10)  STATEWIDE HEALTH AND HUMAN SERVICES

  7  BOARD.--There is created the Statewide Health and Human

  8  Services Board consisting of the chairs of the district health

  9  and human services boards or their designees. The board shall

10  also include experts in child protection services, domestic

11  violence, abuse of elders, and financial management who are

12  appointed by the Governor. The statewide board shall meet at

13  least twice annually and as needed, upon the call of the

14  secretary.  The statewide board shall advise the secretary on

15  statewide issues and identify barriers to and opportunities

16  for effective and efficient local service delivery and the

17  integration of health and family services. The statewide board

18  shall advise the secretary and the Deputy Secretary for Family

19  Safety on issues relating to family safety. Each member

20  attending these meetings is entitled to receive reimbursement

21  for per diem and travel expenses as provided in s. 112.061.

22         (15)(11)  DEPARTMENTAL BUDGET.--

23         (a)  The secretary shall develop and submit annually to

24  the Legislature a comprehensive departmental summary budget

25  document which arrays each district budget request along

26  program lines and, for the purpose of legislative

27  appropriation, consists of the following distinct budget

28  entities:

29         1.  Department Administration.

30         2.  Statewide Services.

31         3.  Entitlement Benefits and Services.

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  1         4.  District Services.

  2

  3  The department shall revise its budget entity designations to

  4  conform with the four budget entities. The department, in

  5  accordance with chapter 216, shall transfer, as necessary,

  6  funds and positions among budget entities to realign

  7  appropriations with the revised budget entity designations.

  8  Such authorized revisions must be consistent with the intent

  9  of the approved operating budget. The various district budget

10  requests developed pursuant to paragraph (d) shall be included

11  in the comprehensive departmental summary budget document.

12         (b)  To fulfill this responsibility, the secretary may

13  review, amend, and approve the annual budget request of all

14  departmental activities pursuant to s. 216.023.

15         (c)  It is the responsibility of the Assistant

16  Secretary for Administration to promulgate the necessary

17  budget timetables, formats, and data requirements for all

18  departmental budget requests in accordance with the statewide

19  budget requirements of the Executive Office of the Governor.

20         (d)  It is the responsibility of the district

21  administrator, jointly with the health and human services

22  board, to develop an annual district budget request to be

23  reviewed, amended, and approved by the secretary. Annual

24  budget requests are based on units of service and the costs of

25  those services.

26         (e)  The department's program planning, budgeting, and

27  information systems capabilities are required to be linked.

28  Identification of resource requirements and legislative

29  appropriations are based upon systematic identification of

30  target client populations and appropriate service arrays,

31  defined units of measurement and data captured for unit

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  1  costing purposes, and tracking services delivered in a manner

  2  so that program outcomes can be determined. The department

  3  shall implement an integrated, unit cost based budgeting

  4  system across target client populations.

  5         (16)(12)  CONFORMITY WITH FEDERAL STATUTES AND

  6  REGULATIONS.--It is the intent of the Legislature that this

  7  section not conflict with any federal statute or implementing

  8  regulation governing federal grant-in-aid programs

  9  administered by the department. Whenever such a conflict is

10  asserted by the applicable agency of the Federal Government,

11  the secretary of the department shall submit to the United

12  States Department of Health and Human Services, or other

13  applicable federal agency, a request for a favorable policy

14  response or a waiver of the conflicting portions. If such

15  request is approved, as certified in writing by the Secretary

16  of the United States Department of Health and Human Services

17  or head of the other applicable federal agency, the secretary

18  of the department is authorized to make the adjustments in the

19  organization and state service plan prescribed by this section

20  which are necessary for conformity to federal statutes and

21  regulations. Prior to making such adjustments, the secretary

22  shall provide to the Speaker of the House of Representatives

23  and the President of the Senate an explanation and

24  justification of the position of the department and shall

25  outline all feasible alternatives consistent with the

26  provisions of this section. These alternatives may include the

27  state supervision of local service agencies by the department

28  if such agencies are designated by the Governor. The Governor

29  is hereby authorized to designate local agencies of county

30  governments to provide services pursuant to federally required

31  state plans administered by the department. These local

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  1  agencies shall provide services for and on behalf of the

  2  county governments included within the geographic boundaries

  3  of the local agency. The board of commissioners of each county

  4  within the local agency shall annually approve the service

  5  plan to be provided by the local service agency. In order to

  6  assure coordination with other health and family services

  7  provided to citizens within each county, local service

  8  agencies designated by the Governor pursuant to this section

  9  shall correspond to the service districts created pursuant to

10  subsection (7)(6). The district administrator of each service

11  district is designated the head of the local service agency.

12  As head of the local service agency, the district

13  administrator shall administer the service programs in

14  conformity with statewide policies, procedures, and guidelines

15  established by the department. The local agency shall

16  administer its program pursuant to a written agreement with

17  the department which:

18         (a)  Indicates that the local agency will conduct its

19  program under the supervision of the department in accordance

20  with the state plan and in compliance with statewide standards

21  as established by the department, including standards of

22  organization and administration.

23         (b)  Sets forth the methods to be followed by the

24  department in its supervision of the local agency, including

25  an evaluation of the effectiveness of the program of the local

26  agency.

27         (c)  Sets forth the basis on which the department

28  participates financially in its locally administered programs.

29         (d)  Indicates whether the local agency will utilize

30  another local public or nonprofit agency in the provision of

31  services and the arrangements for such utilization.

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  1

  2  The local agency is responsible for the administration of all

  3  aspects of the program within the political subdivisions which

  4  it serves. In order to assure uniformity of personnel

  5  standards, the local agency shall utilize the state personnel

  6  rules and regulations, including provisions related to tenure,

  7  selection, appointment, and qualifications of personnel.

  8         (17)(13)  INFORMATION SYSTEMS.--

  9         (a)  The secretary shall appoint a Chief Information

10  Officer with the authority for agency development and

11  management information systems maintenance, policies, and

12  procedures as provided for in chapter 282. The Chief

13  Information Officer shall direct and promote information as a

14  strategic asset and facilitate integration of data systems and

15  agency and interagency resource sharing as allowed by

16  applicable statutes. The Chief Information Officer serves at

17  the pleasure of the secretary.

18         (b)  The Chief Information Officer is directly

19  responsible for the management of the management information

20  systems service center that provides primary information

21  systems support for all entities within the department and

22  maintains fee-for-service provisions for use by other

23  agencies. The Chief Information Officer shall negotiate

24  service-level agreements between the management information

25  systems service center and users and shall facilitate

26  integrated information systems practices and procedures

27  throughout the service districts and with local service

28  providers.

29         (c)  The secretary shall implement a priority program

30  aimed at the design, testing, and integration of automated

31  information systems necessary for effective and efficient

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  1  management of the department and clients. These systems shall

  2  contain, minimally, management data, client data, and program

  3  data deemed essential for the ongoing administration of

  4  service delivery, as well as for the purpose of management

  5  decisions. It is the intent of the Legislature that these

  6  systems be developed with the idea of providing maximum

  7  administrative support to the delivery of services and to

  8  allow for the development of a more logical alignment of

  9  programs, services, and budget structures to effectively

10  address the problems of any person who receives the services

11  of the department. It is also essential that these systems

12  comply with federal program requirements and ensure

13  confidentiality of individual client information.

14         (d)  The department's information systems are developed

15  to support a client outcome-based budget and management

16  system. At a minimum, these systems must use a unit of service

17  basis to measure contract performance, integrate client

18  demographic and unit cost information, and provide for program

19  outcome measurement.

20         (e)  For the purpose of funding this effort, the

21  department shall include in its annual budget request a

22  comprehensive summary of costs involved, as well as human

23  resources saved, and the availability of costs for private

24  sector systems in the establishment of these automated

25  systems. Such budget request shall also include a complete

26  inventory of current staff, equipment, and facility resources

27  available for completion of the desired systems. The

28  department shall review all forms for duplicative content and,

29  to the maximum extent possible, reduce, consolidate, and

30  eliminate such duplication to provide for a uniform,

31  integrated, and concise management information collection

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  1  system.  The department is authorized to charge reasonable

  2  administrative fees to other state agencies using the

  3  department's information systems.

  4         (18)(14)  ELIGIBILITY REQUIREMENTS.--The department

  5  shall review the eligibility requirements of its various

  6  programs and, to the maximum extent possible, consolidate them

  7  into a single eligibility system.

  8         (19)(15)  PURCHASE OF SERVICES.--Whenever possible, the

  9  department, in accordance with the established program

10  objectives and performance criteria, shall contract for the

11  provision of services by counties, municipalities,

12  not-for-profit corporations, for-profit corporations, and

13  other entities capable of providing needed services, if

14  services so provided are more cost-efficient than those

15  provided by the department.

16         (20)(16)  HEADQUARTERS; SERVICE FACILITIES.--

17         (a)  The department shall maintain its headquarters and

18  all offices above the district office level in Tallahassee.

19         (b)  Within each of its service districts, the

20  department shall locate its service facilities in the same

21  place when it is possible to do so without removing service

22  facilities from proximity to the clients they serve. The

23  department shall implement a plan by which all or

24  substantially all services within a district are moved, as

25  existing leases expire, to centers located close to

26  prospective users or clients. These centers may be shared with

27  other public users and may be designated as community service

28  centers.

29         (21)(17)  PROCUREMENT OF HEALTH SERVICES.--Nothing

30  contained in chapter 287 requires competitive bids for health

31  services involving examination, diagnosis, or treatment.

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  1         (22)(18)  CONSULTATION WITH COUNTIES ON MANDATED

  2  PROGRAMS.--It is the intent of the Legislature that when

  3  county governments are required by law to participate in the

  4  funding of programs, the department shall consult with

  5  designated representatives of county governments in developing

  6  policies and service delivery plans for those programs.

  7         (23)(19)  OUTCOME EVALUATION AND PROGRAM

  8  EFFECTIVENESS.--

  9         (a)  It is the intent of the Legislature to:

10         1.  Ensure that information be provided to

11  decisionmakers so that resources are allocated to programs of

12  the department that achieve desired performance levels.

13         2.  Provide information about the cost of such programs

14  and their differential effectiveness so that the quality of

15  such programs can be compared and improvements made

16  continually.

17         3.  Provide information to aid in the development of

18  related policy issues and concerns.

19         4.  Provide information to the public about the

20  effectiveness of such programs in meeting established goals

21  and objectives.

22         5.  Provide a basis for a system of accountability so

23  that each client is afforded the best programs to meet his or

24  her needs.

25         6.  Improve service delivery to clients.

26         7.  Modify or eliminate activities that are not

27  effective.

28         (b)  To accomplish these purposes, the effectiveness of

29  department programs shall be evaluated and reported to the

30  Governor and the Legislature pursuant to chapter 94-249, Laws

31  of Florida, the Government Performance and Accountability Act.

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  1         (24)(20)  INNOVATION ZONES.--The health and human

  2  services board may propose designation of an innovation zone

  3  for any experimental, pilot, or demonstration project that

  4  furthers the legislatively established goals of the

  5  department. An innovation zone is a defined geographic area

  6  such as a district, county, municipality, service delivery

  7  area, school campus, or neighborhood providing a laboratory

  8  for the research, development, and testing of the

  9  applicability and efficacy of model programs, policy options,

10  and new technologies for the department.

11         (a)1.  The district administrator shall submit a

12  proposal for an innovation zone to the secretary. If the

13  purpose of the proposed innovation zone is to demonstrate that

14  specific statutory goals can be achieved more effectively by

15  using procedures that require modification of existing rules,

16  policies, or procedures, the proposal may request the

17  secretary to waive such existing rules, policies, or

18  procedures or to otherwise authorize use of alternative

19  procedures or practices. Waivers of such existing rules,

20  policies, or procedures must comply with applicable state or

21  federal law.

22         2.  For innovation zone proposals that the secretary

23  determines require changes to state law, the secretary may

24  submit a request for a waiver from such laws, together with

25  any proposed changes to state law, to the chairs of the

26  appropriate legislative committees for consideration.

27         3.  For innovation zone proposals that the secretary

28  determines require waiver of federal law, the secretary may

29  submit a request for such waivers to the applicable federal

30  agency.

31

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  1         (b)  An innovation zone project may not have a duration

  2  of more than 2 years, but the secretary may grant an

  3  extension.

  4         (c)  The Statewide Health and Human Services Board, in

  5  conjunction with the secretary, shall develop a family

  6  services innovation transfer network for the purpose of

  7  providing information on innovation zone research and projects

  8  or other effective initiatives in family services to the

  9  health and human services boards established under subsection

10  (8)(7).

11         (d)  Prior to implementing an innovation zone pursuant

12  to the requirements of this subsection and chapter 216, the

13  secretary shall, in conjunction with the Auditor General,

14  develop measurable and valid objectives for such zone within a

15  negotiated reasonable period of time. No more than 15

16  innovative zones shall be in operation at any one time within

17  the districts.

18         Section 2.  Section 402.401, Florida Statutes, is

19  created to read:

20         402.401  Competency-based training for child protection

21  staff.--

22         (1)  The Legislature intends that family safety

23  services shall be delivered by trained and competent

24  professional staff. The Legislature intends to reward

25  exemplary persons among its direct services staff as well as

26  attract and retain the most competent professionals. To that

27  end, competency-based training requirements are established.

28         (2)  Child protection staff, whether employed by the

29  department or under contract with the department, who perform

30  the functions of professional child protection staff in the

31  family services personnel classes, must be certified based on

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  1  competency-based training and testing programs approved by the

  2  department. The department shall provide for oversight of the

  3  statewide child protection training and certification system,

  4  which must include basic and advanced competency-based

  5  training and testing programs, as described in s. 402.40.

  6         (3)  The department may adopt administrative rules

  7  sufficient to administer this section which must address, at a

  8  minimum, specific competencies to be mastered as well as

  9  testing and retesting procedures.

10         Section 3.  Section 409.1671, Florida Statutes, is

11  amended to read:

12         409.1671  Foster care and related services;

13  privatization.--

14         (1)  It is the intent of the Legislature that to

15  encourage the Department of Children and Family Services

16  privatize the provision of to contract with competent

17  community-based agencies to provide foster care and related

18  services statewide. As used in this section, the term

19  "privatize" means to contract with competent, community-based

20  agencies. The department shall submit a plan to accomplish

21  privatization statewide, through a competitive process phased

22  in over a 3-year period beginning January 1, 2000. This plan

23  is to be submitted by July 1, 1999, to the President of the

24  Senate, the Speaker of the House of Representatives, the

25  Governor, and the Minority leaders of both houses. This plan

26  must be developed with local community participation,

27  including input from community-based providers that are

28  currently under contract with the department to furnish

29  community-based foster care and related services, and must

30  include a methodology for determining and transferring all

31  available funds, including federal funds that the provider is

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  1  eligible for and agrees to earn and that portion of general

  2  revenue funds which is currently associated with the services

  3  that are being furnished under contract. The methodology must

  4  provide for the transfer of funds appropriated and budgeted

  5  for all services and programs that have been incorporated into

  6  the project, including all management, capital (including

  7  current furniture and equipment), and administrative funds to

  8  accomplish the transfer of these programs. This methodology

  9  must address expected workload and at least the 3 previous

10  years' experience in expenses and workload. With respect to

11  any district or portion of a district in which privatization

12  cannot be accomplished within the 3 years' timeframe, the

13  department must clearly state in its plan the reasons the

14  timeframe cannot be met and the efforts that should be made to

15  remediate the obstacles, which may include alternatives to

16  total privatization, such as public/private partnerships. By

17  privatizing these services, the support and commitment of

18  communities to the reunification of families and care of

19  children and their families will be strengthened, and

20  efficiencies as well as increased accountability will be

21  gained. As used in this section, the term "related These

22  services" means may include family preservation, independent

23  living, emergency shelter, residential group care, foster

24  care, therapeutic foster care, intensive residential

25  treatment, postadjudication legal services, foster care

26  supervision, postadjudication case management, postplacement

27  supervision, permanent foster care, family reunification, the

28  filing of a petition for the termination of parental rights,

29  and adoption. Beginning in fiscal year 1999-2000, either the

30  state attorney or the Attorney General shall provide

31  preadjudication and postadjudication legal services. When a

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  1  private, nonprofit agency has received case management

  2  responsibilities, transferred from the state under this

  3  section, for a child who is sheltered or found to be dependent

  4  and is assigned to the care of the privatization project, the

  5  agency may act as the child's guardian for the purpose of

  6  registering the child in school if a parent or guardian of the

  7  child is unavailable and his or her whereabouts cannot

  8  reasonably be ascertained. The private nonprofit agency may

  9  also seek emergency medical attention for such a child, but

10  only if a parent or guardian of the child is unavailable, his

11  or her whereabouts cannot reasonably be ascertained, and a

12  court order for such emergency medical services cannot be

13  obtained because of the severity of the emergency or because

14  it is after normal working hours. However, the provider may

15  not consent to sterilization, abortion, or termination of life

16  support. If a child's parents' rights have been terminated,

17  the nonprofit agency shall act as guardian of the child in all

18  circumstances.

19         (2)  The department may contract for the delivery,

20  administration, or management of protective services, the

21  services specified in subsection (1) relating to foster care,

22  and other related services or programs, as appropriate. The

23  department shall retain responsibility for the quality of

24  contracted services and programs and shall ensure that

25  services are delivered in accordance with applicable federal

26  and state statutes and regulations.

27         (3)(a)  The department shall establish a quality

28  assurance program for privatized the privatization of

29  services. The quality assurance program may be performed by a

30  national accrediting organization such as the Council on

31  Accreditation of Services for Families and Children, Inc.

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  1  (COA) or the Council on Accreditation of Rehabilitation

  2  Facilities (CARF). The department shall develop a request for

  3  proposal for such oversight. This program must be developed

  4  and administered at a statewide level. The Legislature intends

  5  that the department be permitted to have limited flexibility

  6  to use funds for improving quality assurance. To this end,

  7  effective January 1, 2000, the department may transfer up to

  8  0.125 percent of the total funds from categories used to pay

  9  for these contractually provided services, but the total

10  amount of such transferred funds may not exceed $300,000 in

11  any fiscal year. When necessary, the department may establish,

12  in accordance with s. 216.177, additional positions that will

13  be exclusively devoted to these functions. Any positions

14  required under this paragraph may be established,

15  notwithstanding ss. 216.262(1)(a) and 216.351. The quality

16  assurance program must include standards for each specific

17  component of these services. The department, in consultation

18  with the community-based agencies that are undertaking the

19  privatized projects, shall establish minimum thresholds for

20  each component of service consistent with standards

21  established by the Legislature. Each program operated under

22  pursuant to contract with a community-based agency must be

23  evaluated annually by the department or by an objective

24  competent entity designated by the department under the

25  provisions of the quality assurance program. The evaluation

26  must be financed from cost savings associated with the

27  privatization of services. The department shall submit an

28  annual report regarding quality performance, outcome measure

29  attainment, and cost efficiency to the President of the

30  Senate, the Speaker of the House of Representatives, the

31  Minority leader of each house of the Legislature, and the

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  1  Governor no later than January 31 of each year for each

  2  project in operation during the preceding fiscal year,

  3  beginning in 1998. The quality assurance program must be

  4  funded through administrative savings generated by this act.

  5         (b)  The department shall establish and operate a

  6  comprehensive system to measure and report annually the

  7  outcomes and effectiveness of the services that have been

  8  privatized. The department shall use these findings in making

  9  recommendations to the Governor and the Legislature for future

10  program and funding priorities in the child welfare system.

11         (4)(a)  The community-based agency must comply with

12  statutory requirements and agency regulations in the provision

13  of contractual services. Each foster home, therapeutic foster

14  home, emergency shelter, or other placement facility operated

15  by the community-based agency or agencies must be licensed by

16  the Department of Children and Family Services under chapter

17  402 or this chapter. Each community-based agency must be

18  licensed as a child-caring or child-placing agency by the

19  department under this chapter. The department, in order to

20  eliminate or reduce the number of duplicate inspections by

21  various program offices, shall coordinate inspections required

22  pursuant to licensure of agencies under this section.

23         (b)  A community-based agency providing contractual

24  services under this section may be issued a Medicaid provider

25  number pursuant to s. 409.907 to enable the agency to maximize

26  federal support for these services under the state's Medicaid

27  plan. A community-based agency must also participate in and

28  cooperate with any federal program that will assist in the

29  maximization of federal support for those services, as

30  directed by the department.

31

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  1         (5)  Beginning January 1, 1999, and continuing at least

  2  through December 31, 1999, the Department of Children and

  3  Family Services shall privatize all foster care and related

  4  services in district 5 while continuing to contract with the

  5  current model programs in districts 1, 4, and 13, and in

  6  subdistrict 8A, and shall expand the subdistrict 8A pilot

  7  program to incorporate Manatee County. Planning for the

  8  district 5 privatization shall be done by providers that are

  9  currently under contract with the department for foster care

10  and related services and shall be done in consultation with

11  the department. Beginning in fiscal year 1996-1997, the

12  Department of Children and Family Services shall establish a

13  minimum of five model programs. These models must be

14  established in the department's districts 1, 4, and 13; in

15  subdistrict 8A; and in a fifth district to be determined by

16  the department, with the concurrence of the appropriate

17  district health and human services board. For comparison of

18  privatization savings, the fifth model program must be

19  contracted with a competent for-profit corporation. The

20  provider or group of providers of the district 5 these model

21  programs shall be competitively selected may be selected from

22  a single source pursuant to s. 287.057(3)(c) and must be

23  established, community-based organizations within the district

24  or subdistrict. Contracts with organizations responsible for

25  the model programs must shall include the management and

26  administration of all privatized services specified in

27  subsection (1), except for funds necessary to manage the

28  contract. However, the department may use funds for contract

29  management only after obtaining written approval from the

30  Executive Office of the Governor. The request for such

31  approval must include, but is not limited to, a statement of

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  1  the proposed amount of such funds and a description of the

  2  manner in which such funds will be used. If the

  3  community-based organization selected for a model program

  4  under this subsection is not a Medicaid provider, the

  5  organization shall be issued a Medicaid provider number

  6  pursuant to s. 409.907 for the provision of services currently

  7  authorized under the state Medicaid plan to those children

  8  encompassed in this model and in a manner not to exceed the

  9  current level of state expenditure.

10         (6)  Each district and subdistrict that participates in

11  the model program effort or any future privatization effort as

12  described in this section must thoroughly analyze and report

13  the complete direct and indirect costs of delivering these

14  services through the department and the full cost of

15  privatization, including the cost of monitoring and evaluating

16  the contracted services.

17         (7)(a)  Community-based agencies, or any of their

18  employees or agents, that have contractually agreed to act on

19  behalf of the state as agents of the Department of Children

20  and Family Services to provide foster care and related

21  services under this section are, solely with respect to such

22  services, agents of the state for purposes of this section

23  while acting within the scope of and pursuant to guidelines

24  established in the contract or by rule. A contract must

25  provide for the indemnification of the state by the agent for

26  any liabilities incurred up to the limits set out in chapter

27  768.

28         (b)  This subsection does not designate a person who

29  provides foster care and related services as an employee or

30  agent of the state for purposes of chapter 440.

31

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  1         Section 4.  Section 415.5145, Florida Statutes, is

  2  created to read:

  3         415.5145  Family safety quality assurance and

  4  improvement program.--The purpose of the quality assurance and

  5  improvement program is to objectively and systematically

  6  monitor and evaluate the appropriateness and quality of child

  7  protection services to ensure that services are rendered

  8  consistent with reasonable, prevailing professional standards,

  9  are based on outcomes and indicators of performance, and are

10  to resolve identified problems in programs and services.

11         (1)  Each service district shall develop a written plan

12  for the district's implementation of the department's family

13  safety quality assurance and improvement process, established

14  statewide, in accordance with uniform guidelines developed by

15  the secretary.  These components must include, but are not

16  limited to:

17         (a)  Outcomes in five practice domains: safety,

18  permanency, child well-being, family-centered practice, and

19  program management, leadership, and community partnerships;

20         (b)  The involvement of stakeholders in the quality

21  assurance and improvement process;

22         (c)  Standardized case review and stakeholder interview

23  for each of the core processes in child protection, from

24  initial response through termination of parental rights and

25  adoption, and for foster care licensing;

26         (d)  An internal district review process that includes

27  supervisory case review, internal peer reviews of each child

28  protection unit on a routine basis, and a strong district

29  self-assessment component to support and build on quality

30  improvement efforts at the local level;

31

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  1         (e)  Written reports of the internal and external

  2  reviews which focus on performance related to key indicators;

  3  and

  4         (f)  Formal quality assurance and improvement plans

  5  where needed.

  6         (2)  The secretary is responsible for:

  7         (a)  An external peer review process that includes

  8  comprehensive annual onsite reviews of each district's child

  9  protection system by central office staff and district staff

10  outside the district being reviewed, and others external to

11  the department when appropriate, to validate internal review

12  findings.

13         (b)  Peer review training for district and central

14  office staff in the quality assurance and improvement process

15  and their roles and responsibilities as peer reviewers.

16         (3)  Each district shall designate a quality assurance

17  manager.

18         (4)  Incident reporting is the affirmative duty of all

19  staff.  Any person filing an incident report is not subject to

20  any civil action by virtue of the incident report.

21         (5)  The department shall have access to all records

22  necessary to determine agency compliance with this section.

23         Section 5.  This act shall take effect October 1, 1998,

24  except that this section and section 3 shall take effect July

25  1, 1998.

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1050

  3

  4
    -    Deletes the Department of Family Safety and the Human
  5       Services Commission.

  6  -    Creates the Deputy Secretary for Family Safety and a
         District Program Administrator for Family Safety in each
  7       of the 15 service districts.

  8  -    Requires the Deputy Secretary for Family Safety to
         conduct an annual review of the child protection
  9       resources distributed to the 15 districts in order to
         determine the need to transfer resources among the
10       districts to address specific client service needs.

11  -    Requires the Department of Children and Family Services
         to establish no more than two administrative services
12       centers.

13  -    Deletes the $250,000 appropriation for the Human Services
         Commission.
14
    -    Eliminates the Statewide Family Safety Advisory board and
15       increases the membership of the Statewide Health and
         Human Services Board to include experts in child
16       protection services, domestic violence, abuse of elders,
         and financial management.
17
    -    Requires that the district administrator and the deputy
18       secretary for family safety jointly make decision
         regarding the appointment and dismissal of the district
19       program administrator for family safety and that the
         decision of the deputy secretary prevail when the
20       district administrator does not concur with the decision
         regarding dismissal.
21
    -    Specifies that cost savings associated with the
22       administrative services centers must be used to enhance
         quality assurance, rather than to fund new or enhanced
23       services.

24  -    Changes provisions for the privatization of services by
         requiring an operational plan to accomplish privatization
25       statewide by January 1, 2003, be developed by the
         Department of Children and Family Services and that
26       privatization of all foster care and other related child
         welfare services be continued in Districts 1, 4, 13, and
27       8A (and expanded in District 8A) and be implemented in
         District 5 by December 31, 1999.
28

29

30

31

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