House Bill hb1741
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Florida House of Representatives - 2001 HB 1741
By the Fiscal Responsibility Council and Representative
Maygarden
1 A bill to be entitled
2 An act relating to the Department of Children
3 and Family Services; amending s. 39.3065, F.S.;
4 adding Seminole County to list of counties
5 whose sheriffs provide protective investigative
6 services; amending s. 393.063, F.S.; modifying
7 the definition of "support coordinator" in
8 provisions relating to developmental
9 disabilities; amending s. 393.0651, F.S.;
10 removing requirement for support coordinator
11 review of individual or family support plans;
12 amending s. 414.045, F.S.; adding another
13 category of families eligible for cash
14 assistance, for federal reporting purposes;
15 amending ss. 938.01 and 943.25, F.S.; providing
16 for deposit of certain funds for use by the
17 Department of Law Enforcement, rather than the
18 Department of Community Affairs; providing for
19 transfer of certain funds to the Department of
20 Children and Family Services for the prevention
21 of domestic and sexual violence; repealing s.
22 402.185, F.S., relating to certification
23 forward of certain unused funds of the
24 Department of Children and Family Services;
25 providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Paragraph (a) of subsection (3) of section
30 39.3065, Florida Statutes, is amended to read:
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1 39.3065 Sheriffs of certain counties to provide child
2 protective investigative services; procedures; funding.--
3 (3)(a) Beginning in fiscal year 1999-2000, The
4 sheriffs of Pasco County, Manatee County, Broward County, and
5 Pinellas County, and Seminole County have the responsibility
6 to provide all child protective investigations in their
7 respective counties. Beginning in fiscal year 2000-2001, the
8 Department of Children and Family Services is authorized to
9 enter into grant agreements with sheriffs of other counties to
10 perform child protective investigations in their respective
11 counties.
12 Section 2. Subsection (47) of section 393.063, Florida
13 Statutes, is amended to read:
14 393.063 Definitions.--For the purposes of this
15 chapter:
16 (47) "Support coordinator" means a person who is
17 designated by the department to assist individuals and
18 families in identifying their desires, capacities, needs, and
19 resources, as well as finding and gaining access to necessary
20 supports and services; coordinating the delivery of supports
21 and services; advocating on behalf of the individual and
22 family; maintaining relevant records; and monitoring and
23 evaluating the delivery of supports and services to determine
24 the extent to which they meet the needs and expectations
25 identified by the individual, family, and others who
26 participated in the development of a the support plan. The
27 decision whether to use the services of a support coordinator,
28 as well as the frequency, scope, and intensity of the support
29 coordinator's activities, shall be determined by the
30 individual or the individual's legal guardian.
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1 Section 3. Section 393.0651, Florida Statutes, is
2 amended to read:
3 393.0651 Family or individual support plan.--The
4 department shall provide for a an appropriate family support
5 plan for children ages birth to 18 years of age and an
6 individual support plan for each client. The parent or
7 guardian of the client or, if competent, or the client's
8 parent or guardian the client, or, when appropriate, the
9 client advocate, shall be consulted in the development of the
10 plan and shall receive a copy of the plan. Each plan shall
11 include the most appropriate, least restrictive, and most
12 cost-beneficial environment for accomplishment of the
13 objectives for client progress and a specification of all
14 services authorized. The plan shall include provisions for the
15 most appropriate level of care for the client. Within the
16 specification of needs and services for each client, when
17 residential care is necessary, the department shall move
18 toward placement of clients in residential facilities based
19 within the client's community. The ultimate goal of each plan,
20 whenever possible, shall be to enable the client to live a
21 dignified life in the least restrictive setting, whether be
22 that in the home or in the community. For children under 6
23 years of age, the family support plan shall be developed
24 within the 45-day application period as specified in s.
25 393.065(1); for all applicants 6 years of age or older, the
26 family or individual support plan shall be developed within
27 the 60-day period as specified in that subsection.
28 (1) The department shall develop and specify by rule
29 the core components of support plans to be used by each
30 district.
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1 (2)(a) The family or individual support plan shall be
2 integrated with the individual education plan (IEP) for all
3 clients who are public school students entitled to a free
4 appropriate public education under the Individuals with
5 Disabilities Education Act, I.D.E.A., as amended. The family
6 or individual support plan and IEP shall be implemented to
7 maximize the attainment of educational and habilitation goals.
8 If the IEP for a student enrolled in a public school program
9 indicates placement in a public or private residential program
10 is necessary to provide special education and related services
11 to a client, the local education agency shall provide for the
12 costs of that service in accordance with the requirements of
13 the Individuals with Disabilities Education Act, I.D.E.A., as
14 amended. This shall not preclude local education agencies and
15 the department from sharing the residential service costs of
16 students who are clients and require residential placement.
17 Under no circumstances shall clients entitled to a public
18 education or their parents be assessed a fee by the department
19 under s. 402.33 for placement in a residential program.
20 (b) For clients who are entering or exiting the school
21 system, an interdepartmental staffing team composed of
22 representatives of the department and the local school system
23 shall develop a written transitional living and training plan
24 with the participation of the client or with the parent or
25 guardian of the client, or the client advocate, as
26 appropriate.
27 (3) Each family or individual support plan shall be
28 facilitated through case management designed solely to advance
29 the individual needs of the client.
30 (4) In the development of the family or individual
31 support plan, a client advocate may be appointed by the
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1 support planning team for a client who is a minor or for a
2 client who is not capable of express and informed consent
3 when:
4 (a) The parent or guardian cannot be identified;
5 (b) The whereabouts of the parent or guardian cannot
6 be discovered; or
7 (c) The state is the only legal representative of the
8 client.
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10 Such appointment shall not be construed to extend the powers
11 of the client advocate to include any of those powers
12 delegated by law to a legal guardian.
13 (5) The department shall place a client in the most
14 appropriate and least restrictive, and cost-beneficial,
15 residential facility according to his or her individual
16 habilitation plan. The parent or guardian of the client or, if
17 competent, the client, or, when appropriate, the client
18 advocate, and the administrator of the residential facility to
19 which placement is proposed shall be consulted in determining
20 the appropriate placement for the client. Considerations for
21 placement shall be made in the following order:
22 (a) Client's own home or the home of a family member
23 or direct service provider.
24 (b) Foster care facility.
25 (c) Group home facility.
26 (d) Intermediate care facility for the developmentally
27 disabled.
28 (e) Other facilities licensed by the department which
29 offer special programs for people with developmental
30 disabilities.
31 (f) Developmental services institution.
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1 (6) In developing a client's annual family or
2 individual support plan, the individual or family with the
3 assistance of the support planning team shall identify
4 measurable objectives for client progress and shall specify a
5 time period expected for achievement of each objective.
6 (7) The individual, family, and support coordinator
7 shall review progress in achieving the objectives specified in
8 Each client's family or individual support plan shall be
9 reviewed and revised, and shall revise the plan annually,
10 following consultation with the client, if competent, or with
11 the parent or guardian of the client, or, when appropriate,
12 the client advocate. The department shall annually report in
13 writing to the client, if competent, or to the parent or
14 guardian of the client, or to the client advocate, when
15 appropriate, with respect to the client's habilitative and
16 medical progress.
17 (8) Any client, or any parent of a minor client, or
18 guardian, authorized guardian advocate, or client advocate for
19 a client, who is substantially affected by the client's
20 initial family or individual support plan, or the annual
21 review thereof, shall have the right to file a notice to
22 challenge the decision pursuant to ss. 120.569 and 120.57.
23 Notice of such right to appeal shall be included in all
24 support plans provided by the department.
25 Section 4. Subsection (1) of section 414.045, Florida
26 Statutes, is amended to read:
27 414.045 Cash assistance program.--Cash assistance
28 families include any families receiving cash assistance
29 payments from the state program for temporary assistance for
30 needy families as defined in federal law, whether such funds
31 are from federal funds, state funds, or commingled federal and
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1 state funds. Cash assistance families may also include
2 families receiving cash assistance through a program defined
3 as a separate state program.
4 (1) For reporting purposes, families receiving cash
5 assistance shall be grouped into in the following categories.
6 The department may develop additional groupings in order to
7 comply with federal reporting requirements, to comply with the
8 data-reporting needs of the board of directors of Workforce
9 Florida, Inc., or to better inform the public of program
10 progress. Program reporting data shall include, but not
11 necessarily be limited to, the following groupings:
12 (a) Work-eligible cases.--Work-eligible cases shall
13 include:
14 1. Families containing an adult or a teen head of
15 household, as defined by federal law. These cases are
16 generally subject to the work activity requirements provided
17 in s. 445.024 and the time limitations on benefits provided in
18 s. 414.105.
19 2. Families with a parent where the parent's needs
20 have been removed from the case due to sanction or
21 disqualification shall be considered work-eligible cases to
22 the extent that such cases are considered in the calculation
23 of federal participation rates or would be counted in such
24 calculation in future months.
25 3. Families participating in transition assistance
26 programs.
27 4. Families otherwise eligible for temporary cash
28 assistance that receive diversion services, a severance
29 payment, or participate in the relocation program.
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1 (b) Child-only cases.--Child-only cases include cases
2 that do not have an adult or teen head of household as defined
3 in federal law. Such cases include:
4 1. Child-only families with Children in the care of
5 caretaker relatives where the caretaker relatives choose to
6 have their needs excluded in the calculation of the amount of
7 cash assistance.
8 2. Families in the Relative Caregiver Program as
9 provided in s. 39.5085.
10 3. Families in which the only parent in a
11 single-parent family or both parents in a two-parent family
12 receive supplemental security income (SSI) benefits under
13 Title XVI of the Social Security Act, as amended. To the
14 extent permitted by federal law, individuals receiving SSI
15 shall be excluded as household members in determining the
16 amount of cash assistance, and such cases shall not be
17 considered families containing an adult. Parents or caretaker
18 relatives who are excluded from the cash assistance group due
19 to receipt of SSI may choose to participate in work
20 activities. An individual who volunteers to participate in
21 work activity but whose ability to participate in work
22 activities is limited shall be assigned to work activities
23 consistent with such limitations. An individual who volunteers
24 to participate in a work activity may receive child care or
25 support services consistent with such participation.
26 4. Families where the only parent in a single-parent
27 family or both parents in a two-parent family are not eligible
28 for cash assistance due to immigration status or other
29 limitation requirements of federal law. To the extent required
30 by federal law, such cases shall not be considered families
31 containing an adult.
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1 5. To the extent permitted by federal law and subject
2 to appropriations, special needs children who have been
3 adopted pursuant to s. 409.166 and whose adopting family
4 qualifies as a needy family under the state program for
5 temporary assistance for needy families. Notwithstanding any
6 provision to the contrary in s. 414.075, s. 414.085, or s.
7 414.095, a family shall be considered a needy family if:
8 a. The family is determined by the department to have
9 an income below 200 percent of the federal poverty level;
10 b. The family meets the requirements of s. 414.095(2)
11 and (3) related to residence, citizenship, or eligible
12 noncitizen status; and
13 c. The family provides any information that may be
14 necessary to meet federal reporting requirements specified
15 under Part A of Title IV of the Social Security Act.
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17 Families described in subparagraph 1., subparagraph 2., or
18 subparagraph 3. may receive child care assistance or other
19 supports or services so that the children may continue to be
20 cared for in their own homes or the homes of relatives. Such
21 assistance or services may be funded from the temporary
22 assistance for needy families block grant to the extent
23 permitted under federal law and to the extent funds have been
24 provided in the General Appropriations Act permitted by
25 appropriation of funds.
26 Section 5. Subsection (1) of section 938.01, Florida
27 Statutes, as amended by section 40 of chapter 2000-171, Laws
28 of Florida, is amended to read:
29 938.01 Additional Court Cost Clearing Trust Fund.--
30 (1) All courts created by Art. V of the State
31 Constitution shall, in addition to any fine or other penalty,
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1 assess $3 as a court cost against every person convicted for
2 violation of a state penal or criminal statute or convicted
3 for violation of a municipal or county ordinance. Any person
4 whose adjudication is withheld pursuant to the provisions of
5 s. 318.14(9) or (10) shall also be assessed such cost. In
6 addition, $3 from every bond estreature or forfeited bail bond
7 related to such penal statutes or penal ordinances shall be
8 forwarded to the Treasurer as described in this subsection.
9 However, no such assessment may be made against any person
10 convicted for violation of any state statute, municipal
11 ordinance, or county ordinance relating to the parking of
12 vehicles.
13 (a) All such costs collected by the courts shall be
14 remitted to the Department of Revenue, in accordance with
15 administrative rules adopted by the executive director of the
16 Department of Revenue, for deposit in the Additional Court
17 Cost Clearing Trust Fund and shall be earmarked to the
18 Department of Law Enforcement and the Department of Community
19 Affairs for distribution as follows:
20 1. Two dollars and seventy-five cents of each $3
21 assessment shall be deposited in the Criminal Justice
22 Standards and Training Trust Fund, and the remaining 25 cents
23 of each such assessment shall be deposited into the Department
24 of Law Enforcement Operating Trust Fund and shall be disbursed
25 to the Bureau of Public Safety Management of the Department of
26 Law Enforcement Community Affairs.
27 2. Ninety-two percent of the money distributed to the
28 Additional Court Cost Clearing Trust Fund pursuant to s.
29 318.21 shall be earmarked to the Department of Law Enforcement
30 for deposit in the Criminal Justice Standards and Training
31 Trust Fund, and 8 percent of such money shall be deposited
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1 into the Department of Law Enforcement Operating Trust Fund
2 and shall be disbursed to the Bureau of Public Safety
3 Management of the Department of Law Enforcement Community
4 Affairs.
5 3. From the funds deposited into the Department of Law
6 Enforcement Operating Trust Fund pursuant to this paragraph,
7 the Department of Law Enforcement shall transfer funds to the
8 Department of Children and Family Services to be used as
9 matching funds for the administration of the Department of
10 Children and Family Services' prevention of domestic and
11 sexual violence program. The amount of the transfer shall be
12 determined by the Governor, in consultation with the
13 Department of Law Enforcement and the Department of Children
14 and Family Services, and shall be based on the historic use of
15 these funds and the current needs of the prevention of
16 domestic and sexual violence program.
17 (b) The funds deposited in the Criminal Justice
18 Standards and Training Trust Fund and the Department of Law
19 Enforcement Operating Trust Fund may be invested. Any interest
20 earned from investing such funds and any unencumbered funds
21 remaining at the end of the budget cycle shall remain in the
22 respective trust fund until the following year.
23 (c) All funds in the Criminal Justice Standards and
24 Training Trust Fund earmarked to the Department of Law
25 Enforcement shall be disbursed only in compliance with s.
26 943.25(9).
27 Section 6. Subsection (1) of section 943.25, Florida
28 Statutes, as amended by section 42 of chapter 2000-171, Laws
29 of Florida, is amended to read:
30 943.25 Criminal justice trust funds; source of funds;
31 use of funds.--
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1 (1) The Department of Law Enforcement Community
2 Affairs may approve, for disbursement from its Operating Trust
3 Fund, those appropriated sums necessary and required by the
4 state for grant matching, implementing, administering,
5 evaluating, and qualifying for such federal funds.
6 Disbursements from the trust fund for the purpose of
7 supplanting state general revenue funds may not be made
8 without specific legislative appropriation.
9 Section 7. Section 402.185, Florida Statutes, is
10 repealed.
11 Section 8. This act shall take effect July 1, 2001.
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14 HOUSE SUMMARY
15
Adds Seminole County to the list of counties whose
16 sheriffs have responsibility for local child protective
investigations. Revises the definition of "support
17 coordinator" in provisions relating to developmental
disabilities, and eliminates requirement for support
18 coordinator review of individual or family support plans.
Adds another federal reporting category of families
19 eligible for cash assistance under the temporary
assistance for needy families program. Provides for
20 deposit of certain funds into the Additional Court Cost
Clearing Trust Fund for use by the Department of Law
21 Enforcement, rather than the Department of Community
Affairs. Provides that certain such funds shall be
22 transferred to the Department of Children and Family
Services to provide matching funds for administration of
23 the department's prevention of domestic and sexual
violence program. Repeals a provision that authorizes
24 certification of certain unused funds of the Department
of Children and Family Services to be used for
25 productivity-enhancing technology.
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