HB 7081

1	A bill to be entitled
2	An act relating to a review of the Department of Children
3	and Family Services under the Florida Government
4	Accountability Act; reenacting and amending s. 20.19,
5	F.S., relating to the establishment of the department;
6	changing the name of the Department of Children and Family
7	Services to the Department of Children and Families;
8	revising provisions relating to the establishment and
9	structure of, and services provided by, the department;
10	providing for operating units called circuits that conform
11	to the geographic boundaries of judicial circuits;
12	providing for the establishment of and requirements for
13	membership and participation in community alliances and
14	community partnerships; amending s. 20.04, F.S.;
15	authorizing the department to establish circuits or
16	regions headed by circuit administrators or region
17	directors and deleting a requirement for statutory
18	enactment for additional divisions or offices in the
19	department; amending s. 20.43, F.S.; revising provisions
20	relating to service area boundaries; amending s. 39.001,
21	F.S.; providing an additional purpose of ch. 39, F.S.,
22	relating to proceedings relating to children; amending s.
23	394.47865, F.S.; deleting provisions relating to
24	distribution of privatization savings to specified service
25	districts to conform to changes made by the act; amending
26	s. 394.655, F.S.; extending the expiration date of the
27	Substance Abuse and Mental Health Corporation; amending s.
28	394.78, F.S.; deleting an obsolete provision relating to
29	dispute resolution; amending s. 402.313, F.S.; revising
30	licensure requirements for family day care homes; amending
31	s. 402.315, F.S.; requiring the county, rather than the
32	department, to bear the costs of licensing family day care
33	homes, under certain circumstances; amending s. 420.621,
34	F.S.; revising the definition of the term "district" to
35	conform to changes made by the act; amending s. 420.622,
36	F.S.; deleting a requirement for the Governor to appoint
37	the executive director of the State Office of
38	Homelessness; conforming a provision; amending ss. 39.01,
39	39.0121, 39.301, 39.302, 39.303, 39.806, 39.828, 381.0072,
40	394.493, 394.4985, 394.67, 394.73, 394.74, 394.75, 394.76,
41	394.82, 394.9084, 397.821, 402.49, 409.152, 409.1671,
42	409.1755, 410.0245, 410.603, 410.604, 411.224, 414.24,
43	415.1113, 420.623, 420.625, 429.35, and 1002.67, F.S.;
44	revising provisions to conform to changes made by the act;
45	correcting cross-references; repealing ss. 39.311, 39.312,
46	39.313, 39.314, 39.315, 39.316, 39.317, and 39.318, F.S.,
47	relating to the Family Builders Program; repealing s.
48	394.9083, F.S., relating to the Behavioral Health Services
49	Integration Workgroup; repealing s. 402.35, F.S., which
50	provides for department employees to be governed by
51	Department of Management Services rules; directing the
52	Division of Statutory Revision to prepare a reviser's
53	bill; providing an effective date.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  Section 20.19, Florida Statutes, is reenacted
58	and amended to read:
59	(Substantial rewording of section. See
60	s. 20.19, F.S., for present text.)
61	20.19  Department of Children and Families.-There is
62	created a Department of Children and Families.
63	(1)  SECRETARY OF CHILDREN AND FAMILIES.-
64	(a)  The head of the department is the Secretary of
65	Children and Families. The Governor shall appoint the secretary,
66	who is subject to confirmation by the Senate. The secretary
67	serves at the pleasure of the Governor.
68	(b)  The secretary is responsible for planning,
69	coordinating, and managing the delivery of all services that are
70	the responsibility of the department.
71	(c)  The secretary shall appoint a deputy secretary who
72	shall act in the absence of the secretary. The deputy secretary
73	is directly responsible to the secretary, performs such duties
74	as are assigned by the secretary, and serves at the pleasure of
75	the secretary.
76	(d)  The secretary shall appoint an Assistant Secretary for
77	Substance Abuse and Mental Health and may establish assistant
78	secretary positions as necessary to administer the requirements
79	of this section. All persons appointed to such positions shall
80	serve at the pleasure of the secretary. The department shall
81	integrate substance abuse and mental health programs into the
82	overall structure and priorities of the department.
83	(2)  SERVICES PROVIDED.-
84	(a)  The department shall establish the following program
85	offices, each of which shall be headed by a program director who
86	shall be appointed by and serve at the pleasure of the
87	secretary:
88	1.  Adult protection.
89	2.  Child care licensure.
90	3.  Domestic violence.
91	4.  Economic self-sufficiency.
92	5.  Family safety.
93	6.  Mental health.
94	7.  Refugee services.
95	8.  Substance abuse.
96	9.  Homelessness.
97	(b)  The secretary may appoint additional directors as
98	necessary for the effective management of the program services
99	provided by the department.
100	(3)  OPERATING UNITS.-
101	(a)  The department shall plan and administer its program
102	services through operating units called "circuits" that conform
103	to the geographic boundaries of the judicial circuits
104	established in s. 26.021. The department may also establish one
105	or more regions consisting of one or more circuits. A region
106	shall provide administrative, management, and infrastructure
107	support to the circuits operating within the region. The region
108	shall consolidate support functions to provide the most
109	efficient use of resources to support the circuits operating
110	within the region.
111	(b)  The secretary may appoint a circuit administrator for
112	each circuit and a region director for each region who shall
113	serve at the pleasure of the secretary and shall perform such
114	duties as are assigned by the secretary.
115	(4)  COMMUNITY ALLIANCES AND PARTNERSHIPS; ADVISORY
116	GROUPS.-The department may, or at the request of a county
117	government shall, establish in each circuit one or more
118	community alliances or community partnerships. The purpose of a
119	community alliance or community partnership is to provide a
120	focal point for community participation and the governance of
121	community-based services. The membership of a community alliance
122	or community partnership shall represent the diversity of a
123	community and consist of stakeholders, community leaders, client
124	representatives, and entities that fund human services. The
125	secretary may also establish advisory groups at the state level
126	as necessary to ensure and enhance communication and provide
127	liaison with stakeholders, community leaders, and client
128	representatives.
129	(a)  The duties of a community alliance or community
130	partnership may include, but are not limited to:
131	1.  Participating in joint planning for the effective use
132	of resources in the community, including resources appropriated
133	to the department, and any funds that local funding sources
134	choose to provide.
135	2.  Performing a needs assessment and establishing
136	community priorities for service delivery.
137	3.  Determining community outcome goals to supplement
138	state-required outcomes.
139	4.  Serving as a catalyst for community resource
140	development.
141	5.  Providing for community education and advocacy on
142	issues related to service delivery.
143	6.  Promoting prevention and early intervention services.
144	(b)  If one or more community alliances or community
145	partnerships are established in a circuit, the department shall
146	ensure, to the greatest extent possible, that the formation of
147	each alliance or partnership builds on the strengths of the
148	existing community human services infrastructure.
149	(c)  Members of community alliances, community
150	partnerships, and advisory groups shall serve without
151	compensation, but are entitled to reimbursement for per diem and
152	travel expenses in accordance with s. 112.061. The department
153	may also authorize payment for preapproved child care expenses
154	or lost wages for members who are consumers of services provided
155	by the department.
156	(d)  Members of community alliances, community
157	partnerships, and advisory groups are subject to part III of
158	chapter 112, the Code of Ethics for Public Officers and
159	Employees.
160	(e)  Actions taken by community alliances, community
161	partnerships, and advisory groups must be consistent with
162	department policy and state and federal laws, rules, and
163	regulations.
164	(f)  Each member of a community alliance, community
165	partnership, or advisory group must submit annually to the
166	inspector general of the department a disclosure statement of
167	any interest in services provided by the department. Any member
168	who has an interest in a matter under consideration by the
169	community alliance, community partnership, or advisory group
170	must abstain from voting on that matter.
171	(g)  All meetings of community alliances, community
172	partnerships, and advisory groups are open to the public
173	pursuant to s. 286.011 and are subject to the public records
174	provisions of s. 119.07(1).
175	(5)  CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.-It is
176	the intent of the Legislature that when county governments are
177	required by law to participate in the funding of programs
178	serviced by the department, the department shall consult with
179	designated representatives of county governments in developing
180	policies and service delivery plans for those programs.
181	Section 2.  Subsection (4) and paragraph (b) of subsection
182	(7) of section 20.04, Florida Statutes, are amended to read:
183	20.04  Structure of executive branch.-The executive branch
184	of state government is structured as follows:
185	(4)  Within the Department of Children and Families Family
186	Services there are organizational units called "program
187	offices," headed by program directors, and operating units
188	called "circuits," headed by circuit administrators. In
189	addition, there may be "regions," headed by region directors.
190	(7)
191	(b)  Within the limitations of this subsection, the head of
192	the department may recommend the establishment of additional
193	divisions, bureaus, sections, and subsections of the department
194	to promote efficient and effective operation of the department.
195	However, additional divisions, or offices in the Department of
196	Children and Family Services, the Department of Corrections, and
197	the Department of Transportation, may be
198	specific statutory enactment. New bureaus,
199	subsections of departments may be initiated by a
200	established as recommended by the Department of Management
201	Services and approved by the Executive Office of the Governor,
202	or may be established by specific statutory enactment.
203	Section 3.  Subsection (5) of section 20.43, Florida
204	Statutes, is amended to read:
205	20.43  Department of Health.-There is created a Department
206	of Health.
207	(5)  The department shall plan and administer its public
208	health programs through its county health departments and may,
209	for administrative purposes and efficient service delivery,
210	establish up to 15 service areas to carry out such duties as may
211	be prescribed by the State Surgeon General. The boundaries of
212	the service areas shall be the same as, or combinations of, the
213	service districts of the Department of Children and Family
214	Services established in s. 20.19 and, to the extent practicable,
215	shall take into consideration the boundaries of the jobs and
216	education regional boards.
217	Section 4.  Paragraph (o) is added to subsection (1) of
218	section 39.001, Florida Statutes, to read:
219	39.001  Purposes and intent; personnel standards and
220	screening.-
221	(1)  PURPOSES OF CHAPTER.-The purposes of this chapter are:
222	(o)  To provide all children and families with a fully
223	integrated, comprehensive approach to handling all cases that
224	involve children and families and resolving family disputes in a
225	fair, timely, efficient, and cost-effective manner. It is the
226	intent of the Legislature that the courts of this state embrace
227	methods of resolving disputes that do not cause additional
228	emotional harm to the children and families who are required to
229	interact with the judicial system. It is the intent of the
230	Legislature to support the development of a unified family court
231	in a revenue-neutral manner and to support the efforts of the
232	state courts system to improve the resolution of disputes
233	involving children and families through a fully integrated,
234	comprehensive approach that includes coordinated case
235	management; the concept of "one family, one judge";
236	collaboration with the community for referral to needed
237	services; and methods of alternative dispute resolution. The
238	Legislature supports the goal that the legal system focus on the
239	needs of children who are involved in the litigation, refer
240	families to resources that will make families' relationships
241	stronger, coordinate families' cases to provide consistent
242	results, and strive to leave families in better condition than
243	when the families entered the system.
244	Section 5.  Subsections (18) through (76) of section 39.01,
245	Florida Statutes, are renumbered as subsections (19) through
246	(75), respectively, subsection (10) is amended, present
247	subsection (26) is repealed, and present subsection (27) of that
248	section is renumbered as subsection (18) and amended, to read:
249	39.01  Definitions.-When used in this chapter, unless the
250	context otherwise requires:
251	(10)  "Caregiver" means the parent, legal custodian,
252	permanent guardian, adult household member, or other person
253	responsible for a child's welfare as defined in subsection (46)
254	(47).
255	(26)  "District" means any one of the 15 service districts
256	of the department established pursuant to s. 20.19.
257	(18)(27)  "Circuit District administrator" means the chief
258	operating officer of each circuit service district of the
259	department as defined in s. 20.19(5) and, where appropriate,
260	includes any district administrator whose service district falls
261	within the boundaries of a judicial circuit.
262	Section 6.  Subsection (10) of section 39.0121, Florida
263	Statutes, is amended to read:
264	39.0121  Specific rulemaking authority.-Pursuant to the
265	requirements of s. 120.536, the department is specifically
266	authorized to adopt, amend, and repeal administrative rules
267	which implement or interpret law or policy, or describe the
268	procedure and practice requirements necessary to implement this
269	chapter, including, but not limited to, the following:
270	(10)  The Family Builders Program, the Intensive Crisis
271	Counseling Program, and any other early intervention programs
272	and kinship care assistance programs.
273	Section 7.  Paragraph (a) of subsection (15) of section
274	39.301, Florida Statutes, is amended to read:
275	39.301  Initiation of protective investigations.-
276	(15)(a)  If the department or its agent determines that a
277	child requires immediate or long-term protection through:
278	1.  Medical or other health care; or
279	2.  Homemaker care, day care, protective supervision, or
280	other services to stabilize the home environment, including
281	intensive family preservation services through the Family
282	Builders Program or the Intensive Crisis Counseling Program, or
283	both,
284
285	such services shall first be offered for voluntary acceptance
286	unless there are high-risk factors that may impact the ability
287	of the parents or legal custodians to exercise judgment. Such
288	factors may include the parents' or legal custodians' young age
289	or history of substance abuse or domestic violence.
290	Section 8.  Subsection (1) of section 39.302, Florida
291	Statutes, is amended to read:
292	39.302  Protective investigations of institutional child
293	abuse, abandonment, or neglect.-
294	(1)  The department shall conduct a child protective
295	investigation of each report of institutional child abuse,
296	abandonment, or neglect. Upon receipt of a report that alleges
297	that an employee or agent of the department, or any other entity
298	or person covered by s. 39.01(32)(33) or (46)(47), acting in an
299	official capacity, has committed an act of child abuse,
300	abandonment, or neglect, the department shall initiate a child
301	protective investigation within the timeframe established under
302	s. 39.201(5) and orally notify the appropriate state attorney,
303	law enforcement agency, and licensing agency, which shall
304	immediately conduct a joint investigation, unless independent
305	investigations are more feasible. When conducting investigations
306	onsite or having face-to-face interviews with the child,
307	investigation visits shall be unannounced unless it is
308	determined by the department or its agent that unannounced
309	visits threaten the safety of the child. If a facility is exempt
310	from licensing, the department shall inform the owner or
311	operator of the facility of the report. Each agency conducting a
312	joint investigation is entitled to full access to the
313	information gathered by the department in the course of the
314	investigation. A protective investigation must include an onsite
315	visit of the child's place of residence. The department shall
316	make a full written report to the state attorney within 3
317	working days after making the oral report. A criminal
318	investigation shall be coordinated, whenever possible, with the
319	child protective investigation of the department. Any interested
320	person who has information regarding the offenses described in
321	this subsection may forward a statement to the state attorney as
322	to whether prosecution is warranted and appropriate. Within 15
323	days after the completion of the investigation, the state
324	attorney shall report the findings to the department and shall
325	include in the report a determination of whether or not
326	prosecution is justified and appropriate in view of the
327	circumstances of the specific case.
328	Section 9.  Section 39.303, Florida Statutes, is amended to
329	read:
330	39.303  Child protection teams; services; eligible cases.-
331	The Children's Medical Services Program in the Department of
332	Health shall develop, maintain, and coordinate the services of
333	one or more multidisciplinary child protection teams in each of
334	the circuits service districts of the Department of Children and
335	Families Family Services. Such teams may be composed of
336	appropriate representatives of school districts and appropriate
337	health, mental health, social service, legal service, and law
338	enforcement agencies. The Legislature finds that optimal
339	coordination of child protection teams and sexual abuse
340	treatment programs requires collaboration between the Department
341	of Health and the Department of Children and Families Family
342	Services. The two departments shall maintain an interagency
343	agreement that establishes protocols for oversight and
344	operations of child protection teams and sexual abuse treatment
345	programs. The State Surgeon General and the Deputy Secretary for
346	Children's Medical Services, in consultation with the Secretary
347	of Children and Families Family Services, shall maintain the
348	responsibility for the screening, employment, and, if necessary,
349	the termination of child protection team medical directors, at
350	headquarters and in the circuits 15 districts. Child protection
351	team medical directors shall be responsible for oversight of the
352	teams in the circuits districts.
353	(1)  The Department of Health shall utilize and convene the
354	teams to supplement the assessment and protective supervision
355	activities of the family safety and preservation program of the
356	Department of Children and Families Family Services. Nothing in
357	this section shall be construed to remove or reduce the duty and
358	responsibility of any person to report pursuant to this chapter
359	all suspected or actual cases of child abuse, abandonment, or
360	neglect or sexual abuse of a child. The role of the teams shall
361	be to support activities of the program and to provide services
362	deemed by the teams to be necessary and appropriate to abused,
363	abandoned, and neglected children upon referral. The specialized
364	diagnostic assessment, evaluation, coordination, consultation,
365	and other supportive services that a child protection team shall
366	be capable of providing include, but are not limited to, the
367	following:
368	(a)  Medical diagnosis and evaluation services, including
369	provision or interpretation of X rays and laboratory tests, and
370	related services, as needed, and documentation of findings
371	relative thereto.
372	(b)  Telephone consultation services in emergencies and in
373	other situations.
374	(c)  Medical evaluation related to abuse, abandonment, or
375	neglect, as defined by policy or rule of the Department of
376	Health.
377	(d)  Such psychological and psychiatric diagnosis and
378	evaluation services for the child or the child's parent or
379	parents, legal custodian or custodians, or other caregivers, or
380	any other individual involved in a child abuse, abandonment, or
381	neglect case, as the team may determine to be needed.
382	(e)  Expert medical, psychological, and related
383	professional testimony in court cases.
384	(f)  Case staffings to develop treatment plans for children
385	whose cases have been referred to the team. A child protection
386	team may provide consultation with respect to a child who is
387	alleged or is shown to be abused, abandoned, or neglected, which
388	consultation shall be provided at the request of a
389	representative of the family safety and preservation program or
390	at the request of any other professional involved with a child
391	or the child's parent or parents, legal custodian or custodians,
392	or other caregivers. In every such child protection team case
393	staffing, consultation, or staff activity involving a child, a
394	family safety and preservation program representative shall
395	attend and participate.
396	(g)  Case service coordination and assistance, including
397	the location of services available from other public and private
398	agencies in the community.
399	(h)  Such training services for program and other employees
400	of the Department of Children and Families Family Services,
401	employees of the Department of Health, and other medical
402	professionals as is deemed appropriate to enable them to develop
403	and maintain their professional skills and abilities in handling
404	child abuse, abandonment, and neglect cases.
405	(i)  Educational and community awareness campaigns on child
406	abuse, abandonment, and neglect in an effort to enable citizens
407	more successfully to prevent, identify, and treat child abuse,
408	abandonment, and neglect in the community.
409	(j)  Child protection team assessments that include, as
410	appropriate, medical evaluations, medical consultations, family
411	psychosocial interviews, specialized clinical interviews, or
412	forensic interviews.
413
414	All medical personnel participating on a child protection team
415	must successfully complete the required child protection team
416	training curriculum as set forth in protocols determined by the
417	Deputy Secretary for Children's Medical Services and the
418	Statewide Medical Director for Child Protection.
419	(2)  The child abuse, abandonment, and neglect reports that
420	must be referred by the department to child protection teams of
421	the Department of Health for an assessment and other appropriate
422	available support services as set forth in subsection (1) must
423	include cases involving:
424	(a)  Injuries to the head, bruises to the neck or head,
425	burns, or fractures in a child of any age.
426	(b)  Bruises anywhere on a child 5 years of age or under.
427	(c)  Any report alleging sexual abuse of a child.
428	(d)  Any sexually transmitted disease in a prepubescent
429	child.
430	(e)  Reported malnutrition of a child and failure of a
431	child to thrive.
432	(f)  Reported medical neglect of a child.
433	(g)  Any family in which one or more children have been
434	pronounced dead on arrival at a hospital or other health care
435	facility, or have been injured and later died, as a result of
436	suspected abuse, abandonment, or neglect, when any sibling or
437	other child remains in the home.
438	(h)  Symptoms of serious emotional problems in a child when
439	emotional or other abuse, abandonment, or neglect is suspected.
440	(3)  All abuse and neglect cases transmitted for
441	investigation to a circuit district by the hotline must be
442	simultaneously transmitted to the Department of Health child
443	protection team for review. For the purpose of determining
444	whether face-to-face medical evaluation by a child protection
445	team is necessary, all cases transmitted to the child protection
446	team which meet the criteria in subsection (2) must be timely
447	reviewed by:
448	(a)  A physician licensed under chapter 458 or chapter 459
449	who holds board certification in pediatrics and is a member of a
450	child protection team;
451	(b)  A physician licensed under chapter 458 or chapter 459
452	who holds board certification in a specialty other than
453	pediatrics, who may complete the review only when working under
454	the direction of a physician licensed under chapter 458 or
455	chapter 459 who holds board certification in pediatrics and is a
456	member of a child protection team;
457	(c)  An advanced registered nurse practitioner licensed
458	under chapter 464 who has a specialty speciality in pediatrics
459	or family medicine and is a member of a child protection team;
460	(d)  A physician assistant licensed under chapter 458 or
461	chapter 459, who may complete the review only when working under
462	the supervision of a physician licensed under chapter 458 or
463	chapter 459 who holds board certification in pediatrics and is a
464	member of a child protection team; or
465	(e)  A registered nurse licensed under chapter 464, who may
466	complete the review only when working under the direct
467	supervision of a physician licensed under chapter 458 or chapter
468	459 who holds certification in pediatrics and is a member of a
469	child protection team.
470	(4)  A face-to-face medical evaluation by a child
471	protection team is not necessary when:
472	(a)  The child was examined for the alleged abuse or
473	neglect by a physician who is not a member of the child
474	protection team, and a consultation between the child protection
475	team board-certified pediatrician, advanced registered nurse
476	practitioner, physician assistant working under the supervision
477	of a child protection team board-certified pediatrician, or
478	registered nurse working under the direct supervision of a child
479	protection team board-certified pediatrician, and the examining
480	physician concludes that a further medical evaluation is
481	unnecessary;
482	(b)  The child protective investigator, with supervisory
483	approval, has determined, after conducting a child safety
484	assessment, that there are no indications of injuries as
485	described in paragraphs (2)(a)-(h) as reported; or
486	(c)  The child protection team board-certified
487	pediatrician, as authorized in subsection (3), determines that a
488	medical evaluation is not required.
489
490	Notwithstanding paragraphs (a), (b), and (c), a child protection
491	team pediatrician, as authorized in subsection (3), may
492	determine that a face-to-face medical evaluation is necessary.
493	(5)  In all instances in which a child protection team is
494	providing certain services to abused, abandoned, or neglected
495	children, other offices and units of the Department of Health,
496	and offices and units of the Department of Children and Families
497	Family Services, shall avoid duplicating the provision of those
498	services.
499	(6)  The Department of Health child protection team quality
500	assurance program and the Department of Children and Families'
501	Family Services' Family Safety Program Office quality assurance
502	program shall collaborate to ensure referrals and responses to
503	child abuse, abandonment, and neglect reports are appropriate.
504	Each quality assurance program shall include a review of records
505	in which there are no findings of abuse, abandonment, or
506	neglect, and the findings of these reviews shall be included in
507	each department's quality assurance reports.
508	Section 10.  Paragraph (k) of subsection (1) of section
509	39.806, Florida Statutes, is amended to read:
510	39.806  Grounds for termination of parental rights.-
511	(1)  Grounds for the termination of parental rights may be
512	established under any of the following circumstances:
513	(k)  A test administered at birth that indicated that the
514	child's blood, urine, or meconium contained any amount of
515	alcohol or a controlled substance or metabolites of such
516	substances, the presence of which was not the result of medical
517	treatment administered to the mother or the newborn infant, and
518	the biological mother of the child is the biological mother of
519	at least one other child who was adjudicated dependent after a
520	finding of harm to the child's health or welfare due to exposure
521	to a controlled substance or alcohol as defined in s.
522	39.01(31)(32)(g), after which the biological mother had the
523	opportunity to participate in substance abuse treatment.
524	Section 11.  Paragraph (a) of subsection (1) of section
525	39.828, Florida Statutes, is amended to read:
526	39.828  Grounds for appointment of a guardian advocate.-
527	(1)  The court shall appoint the person named in the
528	petition as a guardian advocate with all the powers and duties
529	specified in s. 39.829 for an initial term of 1 year upon a
530	finding that:
531	(a)  The child named in the petition is or was a drug
532	dependent newborn as described in s. 39.01(31)(32)(g);
533	Section 12.  Paragraph (a) of subsection (3) of section
534	381.0072, Florida Statutes, is amended to read:
535	381.0072  Food service protection.-It shall be the duty of
536	the Department of Health to adopt and enforce sanitation rules
537	consistent with law to ensure the protection of the public from
538	food-borne illness. These rules shall provide the standards and
539	requirements for the storage, preparation, serving, or display
540	of food in food service establishments as defined in this
541	section and which are not permitted or licensed under chapter
542	500 or chapter 509.
543	(3)  LICENSES REQUIRED.-
544	(a)  Licenses; annual renewals.-Each food service
545	establishment regulated under this section shall obtain a
546	license from the department annually. Food service establishment
547	licenses shall expire annually and are not transferable from one
548	place or individual to another. However, those facilities
549	licensed by the department's Office of Licensure and
550	Certification, the Child Care Licensure Services Program Office,
551	or the Agency for Persons with Disabilities are exempt from this
552	subsection. It shall be a misdemeanor of the second degree,
553	punishable as provided in s. 381.0061, s. 775.082, or s.
554	775.083, for such an establishment to operate without this
555	license. The department may refuse a license, or a renewal
556	thereof, to any establishment that is not constructed or
557	maintained in accordance with law and with the rules of the
558	department. Annual application for renewal is not required.
559	Section 13.  Subsection (3) of section 394.47865, Florida
560	Statutes, is amended to read:
561	394.47865  South Florida State Hospital; privatization.-
562	(3)(a)  Current South Florida State Hospital employees who
563	are affected by the privatization shall be given first
564	preference for continued employment by the contractor. The
565	department shall make reasonable efforts to find suitable job
566	placements for employees who wish to remain within the state
567	Career Service System.
568	(b)  Any savings that result from the privatization of
569	South Florida State Hospital shall be directed to the
570	department's service districts 9, 10, and 11 for the delivery of
571	community mental health services.
572	Section 14.  Subsection (2) of section 394.493, Florida
573	Statutes, is amended to read:
574	394.493  Target populations for child and adolescent mental
575	health services funded through the department.-
576	(2)  Each mental health provider under contract with the
577	department to provide mental health services to the target
578	population shall collect fees from the parent or legal guardian
579	of the child or adolescent receiving services. The fees shall be
580	based on a sliding fee scale for families whose net family
581	income is at or above 150 percent of the Federal Poverty Income
582	Guidelines. The department shall adopt, by rule, a sliding fee
583	scale for statewide implementation. Fees collected from families
584	shall be retained in the circuit service district and used for
585	expanding child and adolescent mental health treatment services.
586	Section 15.  Section 394.4985, Florida Statutes, is amended
587	to read:
588	394.4985  Circuitwide Districtwide information and referral
589	network; implementation.-
590	(1)  Each circuit service district of the Department of
591	Children and Families Family Services shall develop a detailed
592	implementation plan for a circuitwide districtwide comprehensive
593	child and adolescent mental health information and referral
594	network to be operational by July 1, 1999. The plan must include
595	an operating budget that demonstrates cost efficiencies and
596	identifies funding sources for the circuit district information
597	and referral network. The plan must be submitted by the
598	department to the Legislature by October 1, 1998. The circuit
599	district shall use existing circuit district information and
600	referral providers if, in the development of the plan, it is
601	concluded that these providers would deliver information and
602	referral services in a more efficient and effective manner when
603	compared to other alternatives. The circuit district information
604	and referral network must include:
605	(a)  A resource file that contains information about the
606	child and adolescent mental health services as described in s.
607	394.495, including, but not limited to:
608	1.  Type of program;
609	2.  Hours of service;
610	3.  Ages of persons served;
611	4.  Program description;
612	5.  Eligibility requirements; and
613	6.  Fees.
614	(b)  Information about private providers and professionals
615	in the community which serve children and adolescents with an
616	emotional disturbance.
617	(c)  A system to document requests for services that are
618	received through the network referral process, including, but
619	not limited to:
620	1.  Number of calls by type of service requested;
621	2.  Ages of the children and adolescents for whom services
622	are requested; and
623	3.  Type of referral made by the network.
624	(d)  The ability to share client information with the
625	appropriate community agencies.
626	(e)  The submission of an annual report to the department,
627	the Agency for Health Care Administration, and appropriate local
628	government entities, which contains information about the
629	sources and frequency of requests for information, types and
630	frequency of services requested, and types and frequency of
631	referrals made.
632	(2)  In planning the information and referral network, the
633	circuit district shall consider the establishment of a 24-hour
634	toll-free telephone number, staffed at all times, for parents
635	and other persons to call for information that concerns child
636	and adolescent mental health services and a community public
637	service campaign to inform the public about information and
638	referral services.
639	Section 16.  Subsection (12) of section 394.655, Florida
640	Statutes, is amended to read:
641	394.655  The Substance Abuse and Mental Health Corporation;
642	powers and duties; composition; evaluation and reporting
643	requirements.-
644	(12)  This section expires on October 1, 2015 2011, unless
645	reviewed and reenacted by the Legislature before
646	Section 17.  Subsections (2) through (6) of section 394.67,
647	Florida Statutes, are renumbered as subsections (4) and (8),
648	respectively, and present subsections (7) and (8) are renumbered
649	as subsections (2) and (3), respectively, and amended to read:
650	394.67  Definitions.-As used in this part, the term:
651	(2)(7)  "Circuit District administrator" means the person
652	appointed by the Secretary of Children and Families Family
653	Services for the purpose of administering a department circuit
654	service district as set forth in s. 20.19.
655	(3)(8)  "Circuit District plan" or "plan" means the
656	combined circuit district substance abuse and mental health plan
657	approved by the circuit district administrator and governing
658	bodies in accordance with this part.
659	Section 18.  Section 394.73, Florida Statutes, is amended
660	to read:
661	394.73  Joint alcohol, drug abuse, and mental health
662	service programs in two or more counties.-
663	(1)  Subject to rules established by the department, any
664	county within a circuit service district shall have the same
665	power to contract for alcohol, drug abuse, and mental health
666	services as the department has under existing statutes.
667	(2)  In order to carry out the intent of this part and to
668	provide alcohol, drug abuse, and mental health services in
669	accordance with the circuit district plan, the counties within a
670	circuit service district may enter into agreements with each
671	other for the establishment of joint service programs. The
672	agreements may provide for the joint provision or operation of
673	services and facilities or for the provision or operation of
674	services and facilities by one participating county under
675	contract with other participating counties.
676	(3)  When a circuit service district comprises two or more
677	counties or portions thereof, it is the obligation of the
678	planning council to submit to the governing bodies, prior to the
679	budget submission date of each governing body, an estimate of
680	the proportionate share of costs of alcohol, drug abuse, and
681	mental health services proposed to be borne by each such
682	governing body.
683	(4)  Any county desiring to withdraw from a joint program
684	may submit to the circuit district administrator a resolution
685	requesting withdrawal therefrom together with a plan for the
686	equitable adjustment and division of the assets, property,
687	debts, and obligations, if any, of the joint program.
688	Section 19.  Paragraph (a) of subsection (3) of section
689	394.74, Florida Statutes, is amended to read:
690	394.74  Contracts for provision of local substance abuse
691	and mental health programs.-
692	(3)  Contracts shall include, but are not limited to:
693	(a)  A provision that, within the limits of available
694	resources, substance abuse and mental health crisis services, as
695	defined in s. 394.67(5)(3), shall be available to any individual
696	residing or employed within the service area, regardless of
697	ability to pay for such services, current or past health
698	condition, or any other factor;
699	Section 20.  Subsection (10) of section 394.75, Florida
700	Statutes, is amended to read:
701	394.75  State and circuit district substance abuse and
702	mental health plans.-
703	(10)  The circuit district administrator shall ensure that
704	the circuit district plan:
705	(a)  Conforms to the priorities in the state plan, the
706	requirements of this part, and the standards adopted under this
707	part;
708	(b)  Ensures that the most effective and economical use
709	will be made of available public and private substance abuse and
710	mental health resources in the circuit service district; and
711	(c)  Has adequate provisions made for review and evaluation
712	of the services provided in the circuit service district.
713	Section 21.  Subsection (2) of section 394.76, Florida
714	Statutes, is amended to read:
715	394.76  Financing of circuit district programs and
716	services.-If the local match funding level is not provided in
717	the General Appropriations Act or the substantive bill
718	implementing the General Appropriations Act, such funding level
719	shall be provided as follows:
720	(2)  If in any fiscal year the approved state appropriation
721	is insufficient to finance the programs and services specified
722	by this part, the department shall have the authority to
723	determine the amount of state funds available to each circuit
724	service district for such purposes in accordance with the
725	priorities in both the state and circuit district plans. The
726	circuit district administrator shall consult with the planning
727	council to ensure that the summary operating budget conforms to
728	the approved plan.
729	Section 22.  Subsection (5) of section 394.78, Florida
730	Statutes, is amended to read:
731	394.78  Operation and administration; personnel standards;
732	procedures for audit and monitoring of service providers;
733	resolution of disputes.-
734	(5)  In unresolved disputes regarding this part or rules
735	established pursuant to this part, providers and district health
736	and human services boards shall adhere to formal procedures
737	specified under s. 20.19(8)(n).
738	Section 23.  Subsections (3) and (4) of section 394.82,
739	Florida Statutes, are amended to read:
740	394.82  Funding of expanded services.-
741	(3)  Each fiscal year, any funding increases for crisis
742	services or community mental health services that are included
743	in the General Appropriations Act shall be appropriated in a
744	lump-sum category as defined in s. 216.011(1)(aa). In accordance
745	with s. 216.181(6)(a), the Executive Office of the Governor
746	shall require the Department of Children and Families Family
747	Services to submit a spending plan for the use of funds
748	appropriated for this purpose. The spending plan must include a
749	schedule for phasing in the new community mental health services
750	in each circuit service district of the department and must
751	describe how the new services will be integrated and coordinated
752	with all current community-based health and human services.
753	(4)  By January 1, 2004, the crisis services defined in s.
754	394.67(5)(3) shall be implemented, as appropriate, in the
755	state's public community mental health system to serve children
756	and adults who are experiencing an acute mental or emotional
757	crisis, as defined in s. 394.67(17). By January 1, 2006, the
758	mental health services defined in s. 394.67(15) shall be
759	implemented, as appropriate, in the state's public community
760	mental health system to serve adults and older adults who have a
761	severe and persistent mental illness and to serve children who
762	have a serious emotional disturbance or mental illness, as
763	defined in s. 394.492(6).
764	Section 24.  Subsection (1) of section 394.9084, Florida
765	Statutes, is amended to read:
766	394.9084  Florida Self-Directed Care program.-
767	(1)  The Department of Children and Families Family
768	Services, in cooperation with the Agency for Health Care
769	Administration, may provide a client-directed and choice-based
770	Florida Self-Directed Care program in all department circuits
771	service districts, in addition to the pilot projects established
772	in district 4 and district 8, to provide mental health treatment
773	and support services to adults who have a serious mental
774	illness. The department may also develop and implement a client-
775	directed and choice-based pilot project in one circuit district
776	to provide mental health treatment and support services for
777	children with a serious emotional disturbance who live at home.
778	If established, any staff who work with children must be
779	screened under s. 435.04. The department shall implement a
780	payment mechanism in which each client controls the money that
781	is available for that client's mental health treatment and
782	support services. The department shall establish interagency
783	cooperative agreements and work with the agency, the Division of
784	Vocational Rehabilitation, and the Social Security
785	Administration to implement and administer the Florida Self-
786	Directed Care program.
787	Section 25.  Subsection (1) of section 397.821, Florida
788	Statutes, is amended to read:
789	397.821  Juvenile substance abuse impairment prevention and
790	early intervention councils.-
791	(1)  Each judicial circuit as set forth in s. 26.021 may
792	establish a juvenile substance abuse impairment prevention and
793	early intervention council composed of at least 12 members,
794	including representatives from law enforcement, the department,
795	school districts, state attorney and public defender offices,
796	the circuit court, the religious community, substance abuse
797	impairment professionals, child advocates from the community,
798	business leaders, parents, and high school students. However,
799	those circuits which already have in operation a council of
800	similar composition may designate the existing body as the
801	juvenile substance abuse impairment prevention and early
802	intervention council for the purposes of this section. Each
803	council shall establish bylaws providing for the length of term
804	of its members, but the term may not exceed 4 years. The circuit
805	substate entity administrator, as defined in s. 20.19, and the
806	chief judge of the circuit court shall each appoint six members
807	of the council. The circuit substate entity administrator shall
808	appoint a representative from the department, a school district
809	representative, a substance abuse impairment treatment
810	professional, a child advocate, a parent, and a high school
811	student. The chief judge of the circuit court shall appoint a
812	business leader and representatives from the state attorney's
813	office, the public defender's office, the religious community,
814	the circuit court, and law enforcement agencies.
815	Section 26.  Subsection (1) of section 402.313, Florida
816	Statutes, is amended to read:
817	402.313  Family day care homes.-
818	(1)  Family day care homes shall be licensed under this act
819	if they are presently being licensed under an existing county
820	licensing ordinance, if they are participating in the subsidized
821	child care program, or if the board of county commissioners
822	passes a resolution that family day care homes be licensed. If
823	no county authority exists for the licensing of a family day
824	care home and the county passes a resolution requiring
825	licensure, the department shall have the authority to license
826	family day care homes under contract with the county for the
827	purchase-of-service system in the subsidized child care program.
828	(a)  If not subject to license, family day care homes shall
829	register annually with the department, providing the following
830	information:
831	1.  The name and address of the home.
832	2.  The name of the operator.
833	3.  The number of children served.
834	4.  Proof of a written plan to provide at least one other
835	competent adult to be available to substitute for the operator
836	in an emergency. This plan shall include the name, address, and
837	telephone number of the designated substitute.
838	5.  Proof of screening and background checks.
839	6.  Proof of successful completion of the 30-hour training
840	course, as evidenced by passage of a competency examination,
841	which shall include:
842	a.  State and local rules and regulations that govern child
843	care.
844	b.  Health, safety, and nutrition.
845	c.  Identifying and reporting child abuse and neglect.
846	d.  Child development, including typical and atypical
847	language development; and cognitive, motor, social, and self-
848	help skills development.
849	e.  Observation of developmental behaviors, including using
850	a checklist or other similar observation tools and techniques to
851	determine a child's developmental level.
852	f.  Specialized areas, including early literacy and
853	language development of children from birth to 5 years of age,
854	as determined by the department, for owner-operators of family
855	day care homes.
856	7.  Proof that immunization records are kept current.
857	8.  Proof of completion of the required continuing
858	education units or clock hours.
859	(b)  A family day care home not participating in the
860	subsidized child care program may volunteer to be licensed under
861	the provisions of this act.
862	(c)  The department may provide technical assistance to
863	counties and family day care home providers to enable counties
864	and family day care providers to achieve compliance with family
865	day care homes standards.
866	Section 27.  Subsection (2) of section 402.315, Florida
867	Statutes, is amended to read:
868	402.315  Funding; license fees.-
869	(2)  The county department shall bear the costs of the
870	licensing of family day care homes when contracting with the
871	department pursuant to s. 402.313(1) child care facilities when
872	contracted to do so by a county or when directly responsible for
873	licensing in a county which fails to meet or exceed state
874	minimum standards.
875	Section 28.  Subsection (2) of section 402.49, Florida
876	Statutes, is amended to read:
877	402.49  Mediation process established.-
878	(2)(a)  The department shall appoint at least one mediation
879	panel in each of the department's circuits service districts.
880	Each panel shall have at least three and not more than five
881	members and shall include a representative from the department,
882	a representative of an agency that provides similar services to
883	those provided by the agency that is a party to the dispute, and
884	additional members who are mutually acceptable to the department
885	and the agency that is a party to the dispute. Such additional
886	members may include laypersons who are involved in advocacy
887	organizations, members of boards of directors of agencies
888	similar to the agency that is a party to the dispute, members of
889	families of department clients, members of department planning
890	councils in the area of services that are the subject of the
891	dispute, and interested and informed members of the local
892	community.
893	(b)  If the parties to the conflict agree, a mediation
894	panel may hear a complaint that is filed outside of the panel's
895	circuit service district.
896	Section 29.  Subsection (3) of section 409.152, Florida
897	Statutes, is amended to read:
898	409.152  Service integration and family preservation.-
899	(3)  Each circuit service district of the department shall
900	develop a family preservation service integration plan that
901	identifies various programs that can be organized at the point
902	of service delivery into a logical and cohesive family-centered
903	services constellation. The plan shall include:
904	(a)  Goals and objectives for integrating services for
905	families and avoiding barriers to service integration,
906	procedures for centralized intake and assessment, a
907	comprehensive service plan for each family, and an evaluation
908	method of program outcome.
909	(b)  Recommendations for proposed changes to fiscal and
910	substantive policies, regulations, and laws at local, circuit
911	district, and state delivery levels, including budget and
912	personnel policies; purchasing flexibility and workforce
913	incentives; discretionary resources; and incentives to reduce
914	dependency on government programs and services.
915	(c)  Strategies for creating partnerships with the
916	community, clients, and consumers of services which establish,
917	maintain, and preserve family units.
918	Section 30.  Subsection (8) of section 409.1671, Florida
919	Statutes, is amended to read:
920	409.1671  Foster care and related services; outsourcing.-
921	(8)  Notwithstanding the provisions of s. 215.425, all
922	documented federal funds earned for the current fiscal year by
923	the department and community-based agencies which exceed the
924	amount appropriated by the Legislature shall be distributed to
925	all entities that contributed to the excess earnings based on a
926	schedule and methodology developed by the department and
927	approved by the Executive Office of the Governor. Distribution
928	shall be pro rata based on total earnings and shall be made only
929	to those entities that contributed to excess earnings. Excess
930	earnings of community-based agencies shall be used only in the
931	circuit service district in which they were earned. Additional
932	state funds appropriated by the Legislature for community-based
933	agencies or made available pursuant to the budgetary amendment
934	process described in s. 216.177 shall be transferred to the
935	community-based agencies. The department shall amend a
936	community-based agency's contract to permit expenditure of the
937	funds.
938	Section 31.  Paragraph (a) of subsection (4) of section
939	409.1755, Florida Statutes, is amended to read:
940	409.1755  One Church, One Child of Florida Corporation Act;
941	creation; duties.-
942	(4)  BOARD OF DIRECTORS.-
943	(a)  The One Church, One Child of Florida Corporation shall
944	operate subject to the supervision and approval of a board of
945	directors consisting of 23 members, with two directors
946	representing each circuit service district of the Department of
947	Children and Families Family Services and one director who shall
948	be an at-large member.
949	Section 32.  Paragraph (a) of subsection (1) and subsection
950	(2) of section 410.0245, Florida Statutes, are amended to read:
951	410.0245  Study of service needs; report; multiyear plan.-
952	(1)(a)  The Adult Protection Services Program Office of the
953	Department of Children and Families Family Services shall
954	contract for a study of the service needs of the 18-to-59-year-
955	old disabled adult population served or waiting to be served by
956	the community care for disabled adults program. The Division of
957	Vocational Rehabilitation of the Department of Education and
958	other appropriate state agencies shall provide information to
959	the Department of Children and Families Family Services when
960	requested for the purposes of this study.
961	(2)  Based on the findings of the study, the Adult
962	Protection Services Program of the Department of Children and
963	Families Family Services shall develop a multiyear plan which
964	shall provide for the needs of disabled adults in this state and
965	shall provide strategies for statewide coordination of all
966	services for disabled adults. The multiyear plan shall include
967	an inventory of existing services and an analysis of costs
968	associated with existing and projected services. The multiyear
969	plan shall be presented to the Governor, the President of the
970	Senate, and the Speaker of the House of Representatives every 3
971	years on or before March 1, beginning in 1992. On or before
972	March 1 of each intervening year, the department shall submit an
973	analysis of the status of the implementation of each element of
974	the multiyear plan, any continued unmet need, and the
975	relationship between that need and the department's budget
976	request for that year.
977	Section 33.  Subsections (1) and (2) of section 410.603,
978	Florida Statutes, are renumbered as subsections (2) and (3),
979	respectively, and present subsection (3) is renumbered as
980	subsection (1) and amended to read:
981	410.603  Definitions relating to Community Care for
982	Disabled Adults Act.-As used in ss. 410.601-410.606:
983	(1)(3)  "Circuit District" means a specified geographic
984	service area that conforms to the judicial circuits established
985	in s. 26.021, as defined in s. 20.19, in which the programs of
986	the department are administered and services are delivered.
987	Section 34.  Subsection (2) of section 410.604, Florida
988	Statutes, is amended to read:
989	410.604  Community care for disabled adults program; powers
990	and duties of the department.-
991	(2)  Any person who meets the definition of a disabled
992	adult pursuant to s. 410.603(3)(2) is eligible to receive the
993	services of the community care for disabled adults program.
994	However, the community care for disabled adults program shall
995	operate within the funds appropriated by the Legislature.
996	Priority shall be given to disabled adults who are not eligible
997	for comparable services in programs of or funded by the
998	department or the Division of Vocational Rehabilitation of the
999	Department of Education; who are determined to be at risk of
1000	institutionalization; and whose income is at or below the
1001	existing institutional care program eligibility standard.
1002	Section 35.  Section 411.224, Florida Statutes, is amended
1003	to read:
1004	411.224  Family support planning process.-The Legislature
1005	establishes a family support planning process to be used by the
1006	Department of Children and Families Family Services as the
1007	service planning process for targeted individuals, children, and
1008	families under its purview.
1009	(1)  The Department of Education shall take all appropriate
1010	and necessary steps to encourage and facilitate the
1011	implementation of the family support planning process for
1012	individuals, children, and families within its purview.
1013	(2)  To the extent possible within existing resources, the
1014	following populations must be included in the family support
1015	planning process:
1016	(a)  Children from birth to age 5 who are served by the
1017	clinic and programs of the Division of Children's Medical
1018	Services of the Department of Health.
1019	(b)  Children participating in the developmental evaluation
1020	and intervention program of the Division of Children's Medical
1021	Services of the Department of Health.
1022	(c)  Children from age 3 through age 5 who are served by
1023	the Agency for Persons with Disabilities.
1024	(d)  Children from birth through age 5 who are served by
1025	the Mental Health Program Office of the Department of Children
1026	and Families Family Services.
1027	(e)  Participants who are served by the Children's Early
1028	Investment Program established in s. 411.232.
1029	(f)  Healthy Start participants in need of ongoing service
1030	coordination.
1031	(g)  Children from birth through age 5 who are served by
1032	the voluntary family services, protective supervision, foster
1033	care, or adoption and related services programs of the Child
1034	Care Licensure Services Program Office of the Department of
1035	Children and Families Family Services, and who are eligible for
1036	ongoing services from one or more other programs or agencies
1037	that participate in family support planning; however, children
1038	served by the voluntary family services program, where the
1039	planned length of intervention is 30 days or less, are excluded
1040	from this population.
1041	(3)  When individuals included in the target population are
1042	served by Head Start, local education agencies, or other
1043	prevention and early intervention programs, providers must be
1044	notified and efforts made to facilitate the concerned agency's
1045	participation in family support planning.
1046	(4)  Local education agencies are encouraged to use a
1047	family support planning process for children from birth through
1048	5 years of age who are served by the prekindergarten program for
1049	children with disabilities, in lieu of the Individual Education
1050	Plan.
1051	(5)  There must be only a single-family support plan to
1052	address the problems of the various family members unless the
1053	family requests that an individual family support plan be
1054	developed for different members of that family. The family
1055	support plan must replace individual habilitation plans for
1056	children from 3 through 5 years old who are served by the Agency
1057	for Persons with Disabilities.
1058	(6)  The family support plan at a minimum must include the
1059	following information:
1060	(a)  The family's statement of family concerns, priorities,
1061	and resources.
1062	(b)  Information related to the health, educational,
1063	economic and social needs, and overall development of the
1064	individual and the family.
1065	(c)  The outcomes that the plan is intended to achieve.
1066	(d)  Identification of the resources and services to
1067	achieve each outcome projected in the plan. These resources and
1068	services are to be provided based on availability and funding.
1069	(7)  A family support plan meeting must be held with the
1070	family to initially develop the family support plan and annually
1071	thereafter to update the plan as necessary. The family includes
1072	anyone who has an integral role in the life of the individual or
1073	child as identified by the individual or family. The family
1074	support plan must be reviewed periodically during the year, at
1075	least at 6-month intervals, to modify and update the plan as
1076	needed. Such periodic reviews do not require a family support
1077	plan team meeting but may be accomplished through other means
1078	such as a case file review and telephone conference with the
1079	family.
1080	(8)  The initial family support plan must be developed
1081	within a 90-day period. If exceptional circumstances make it
1082	impossible to complete the evaluation activities and to hold the
1083	initial family support plan team meeting within a reasonable
1084	time period, these circumstances must be documented, and the
1085	individual or family must be notified of the reason for the
1086	delay. With the agreement of the family and the provider,
1087	services for which either the individual or the family is
1088	eligible may be initiated before the completion of the
1089	evaluation activities and the family support plan.
1090	(9)  The Department of Children and Families Family
1091	Services, the Department of Health, and the Department of
1092	Education, to the extent that funds are available, must offer
1093	technical assistance to communities to facilitate the
1094	implementation of the family support plan.
1095	(10)  The Department of Children and Families Family
1096	Services, the Department of Health, and the Department of
1097	Education shall adopt rules necessary to implement this act.
1098	Section 36.  Section 414.24, Florida Statutes, is amended
1099	to read:
1100	414.24  Integrated welfare reform and child welfare
1101	services.-The department shall develop integrated service
1102	delivery strategies to better meet the needs of families subject
1103	to work activity requirements who are involved in the child
1104	welfare system or are at high risk of involvement in the child
1105	welfare system. To the extent that resources are available, the
1106	department and the Department of Labor and Employment Security
1107	shall provide funds to one or more circuits service districts to
1108	promote development of integrated, nonduplicative case
1109	management within the department, the Department of Labor and
1110	Employment Security, other participating government agencies,
1111	and community partners. Alternative delivery systems shall be
1112	encouraged which include well-defined, pertinent outcome
1113	measures. Other factors to be considered shall include
1114	innovation regarding training, enhancement of existing
1115	resources, and increased private sector and business sector
1116	participation.
1117	Section 37.  Subsection (8) of section 415.1113, Florida
1118	Statutes, is amended to read:
1119	415.1113  Administrative fines for false report of abuse,
1120	neglect, or exploitation of a vulnerable adult.-
1121	(8)  All amounts collected under this section must be
1122	deposited into the Operations and Maintenance Trust Fund within
1123	the Adult Protection Services Program of the department.
1124	Section 38.  Subsections (1) through (3) of section
1125	420.621, Florida Statutes, are renumbered as subsections (2)
1126	through (4), respectively, and present subsection (4) of that
1127	section is renumbered as subsection (1) and amended to read:
1128	420.621  Definitions.-As used in ss. 420.621-420.628, the
1129	term:
1130	(1)(4)  "Circuit District" means a specified geographic
1131	service area that conforms to the judicial circuits established
1132	in s. 26.021 service district of the department, as set forth in
1133	s. 20.19.
1134	Section 39.  Subsection (1) of section 420.622, Florida
1135	Statutes, is amended to read:
1136	420.622  State Office on Homelessness; Council on
1137	Homelessness.-
1138	(1)  The State Office on Homelessness is created within the
1139	Department of Children and Families Family Services to provide
1140	interagency, council, and other related coordination on issues
1141	relating to homelessness. An executive director of the office
1142	shall be appointed by the Governor.
1143	Section 40.  Subsection (4) of section 420.623, Florida
1144	Statutes, is amended to read:
1145	420.623  Local coalitions for the homeless.-
1146	(4)  ANNUAL REPORTS.-The department shall submit to the
1147	Governor, the Speaker of the House of Representatives, and the
1148	President of the Senate, by June 30, an annual report consisting
1149	of a compilation of data collected by local coalitions, progress
1150	made in the development and implementation of local homeless
1151	assistance continuums of care plans in each circuit district,
1152	local spending plans, programs and resources available at the
1153	local level, and recommendations for programs and funding.
1154	Section 41.  Subsections (4) through (8) of section
1155	420.625, Florida Statutes, are amended to read:
1156	420.625  Grant-in-aid program.-
1157	(4)  APPLICATION PROCEDURE.-Local agencies shall submit an
1158	application for grant-in-aid funds to the circuit district
1159	administrator for review. During the first year of
1160	implementation, circuit district administrators shall begin to
1161	accept applications for circuit district funds no later than
1162	October 1, 1988, and by August 1 of each year thereafter for
1163	which funding for this section is provided. Circuit District
1164	funds shall be made available to local agencies no more than 30
1165	days after the deadline date for applications for each funding
1166	cycle.
1167	(5)  SPENDING PLANS.-The department shall develop
1168	guidelines for the development of spending plans and for the
1169	evaluation and approval by circuit district administrators of
1170	spending plans, based upon such factors as:
1171	(a)  The demonstrated level of need for the program.
1172	(b)  The demonstrated ability of the local agency or
1173	agencies seeking assistance to deliver the services and to
1174	assure that identified needs will be met.
1175	(c)  The ability of the local agency or agencies seeking
1176	assistance to deliver a wide range of services as enumerated in
1177	subsection (3).
1178	(d)  The adequacy and reasonableness of proposed budgets
1179	and planned expenditures, and the demonstrated capacity of the
1180	local agency or agencies to administer the funds sought.
1181	(e)  A statement from the local coalition for the homeless
1182	as to the steps to be taken to assure coordination and
1183	integration of services in the circuit district to avoid
1184	unnecessary duplication and costs.
1185	(f)  Assurances by the local coalition for the homeless
1186	that alternative funding strategies for meeting needs through
1187	the reallocation of existing resources, utilization of
1188	volunteers, and local government or private agency funding have
1189	been explored.
1190	(g)  The existence of an evaluation component designed to
1191	measure program outcomes and determine the overall effectiveness
1192	of the local programs for the homeless for which funding is
1193	sought.
1194	(6)  ALLOCATION OF GRANT FUNDS TO CIRCUITS DISTRICTS.-State
1195	grant-in-aid funds for local initiatives for the homeless shall
1196	be allocated by the department to, and administered by,
1197	department circuits districts. Allocations shall be based upon
1198	sufficient documentation of:
1199	(a)  The magnitude of the problem of homelessness in the
1200	circuit district, and the demonstrated level of unmet need for
1201	services in the circuit district for those who are homeless or
1202	are about to become homeless.
1203	(b)  A strong local commitment to seriously address the
1204	problem of homelessness as evidenced by coordinated programs
1205	involving preventive, emergency, and transitional services and
1206	by the existence of active local organizations committed to
1207	serving those who have become, or are about to become, homeless.
1208	(c)  Agreement by local government and private agencies
1209	currently serving the homeless not to reduce current
1210	expenditures for services presently provided to those who are
1211	homeless or are about to become homeless if grant assistance is
1212	provided pursuant to this section.
1213	(d)  Geographic distribution of circuit district programs
1214	to ensure that such programs serve both rural and urban areas,
1215	as needed.
1216	(7)  DISTRIBUTION TO LOCAL AGENCIES.-Circuit District funds
1217	so allocated shall be available for distribution by the circuit
1218	district administrator to local agencies to fund programs such
1219	as those set forth in subsection (3), based upon the
1220	recommendations of the local coalitions in accordance with
1221	spending plans developed by the coalitions and approved by the
1222	circuit district administrator. Not more than 10 percent of the
1223	total state funds awarded under a spending plan may be used by
1224	the local coalition for staffing and administration.
1225	(8)  LOCAL MATCHING FUNDS.-Entities contracting to provide
1226	services through financial assistance obtained under this
1227	section shall provide a minimum of 25 percent of the funding
1228	necessary for the support of project operations. In-kind
1229	contributions, whether materials, commodities, transportation,
1230	office space, other types of facilities, or personal services,
1231	and contributions of money or services from homeless persons may
1232	be evaluated and counted as part or all of this required local
1233	funding, in the discretion of the circuit district
1234	administrator.
1235	Section 42.  Subsection (2) of section 429.35, Florida
1236	Statutes, is amended to read:
1237	429.35  Maintenance of records; reports.-
1238	(2)  Within 60 days after the date of the biennial
1239	inspection visit required under s. 408.811 or within 30 days
1240	after the date of any interim visit, the agency shall forward
1241	the results of the inspection to the local ombudsman council in
1242	whose planning and service area, as defined in part II of
1243	chapter 400, the facility is located; to at least one public
1244	library or, in the absence of a public library, the county seat
1245	in the county in which the inspected assisted living facility is
1246	located; and, when appropriate, to the circuit district Adult
1247	Protection Services and Mental Health Program Offices.
1248	Section 43.  Paragraph (d) of subsection (3) of section
1249	1002.67, Florida Statutes, is amended to read:
1250	1002.67  Performance standards; curricula and
1251	accountability.-
1252	(3)
1253	(d)  Each early learning coalition, the Agency for
1254	Workforce Innovation, and the department shall coordinate with
1255	the Child Care Licensure Services Program Office of the
1256	Department of Children and Families Family Services to minimize
1257	interagency duplication of activities for monitoring private
1258	prekindergarten providers for compliance with requirements of
1259	the Voluntary Prekindergarten Education Program under this part,
1260	the school readiness programs under s. 411.01, and the licensing
1261	of providers under ss. 402.301-402.319.
1262	Section 44.  Sections 39.311, 39.312, 39.313, 39.314,
1263	39.315, 39.316, 39.317, 39.318, 394.9083, and 402.35, Florida
1264	Statutes, are repealed.
1265	Section 45.  The Division of Statutory Revision of the
1266	Joint Legislative Management Committee is directed to prepare a
1267	reviser's bill for introduction at a subsequent session of the
1268	Legislature to change the term "Department of Children and
1269	Family Services" to "Department of Children and Families," the
1270	term "Secretary of Children and Family Services" to "Secretary
1271	of Children and Families," and the term "district administrator"
1272	to "circuit administrator," as that term relates to the
1273	responsibilities of the Department of Children and Families,
1274	wherever that term appears in the Florida Statutes.
1275	Section 46.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.