Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7102
       FOR CONSIDERATION By the Committee on Budget
       576-02277-11                                          20117102__
    1                        A bill to be entitled                      
    2         An act relating to the welfare of children; repealing
    3         s. 39.001(6), (7), (8), (9), and (12), F.S., relating
    4         to the Office of Adoption and Child Protection within
    5         the Executive Office of the Governor; amending s.
    6         39.0014, F.S.; requiring all state, county, and local
    7         agencies to cooperate, assist, and provide information
    8         to the Department of Children and Family Services
    9         rather than the Office of Adoption and Child
   10         Protection; repealing s. 39.01(46), F.S., relating to
   11         the definition of the term “office” as it relates to
   12         the Office of Adoption and Child Protection; amending
   13         s. 39.302, F.S.; conforming a cross-reference;
   14         amending s. 402.56, F.S.; relocating the Children and
   15         Youth Cabinet from the Executive Office of the
   16         Governor to the Department of Children and Family
   17         Services; revising the membership of the cabinet;
   18         providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsections (6), (7), (8), (9), and (12) of
   23  section 39.001, Florida Statutes, are repealed.
   24         Section 2. Section 39.0014, Florida Statutes, is amended to
   25  read:
   26         39.0014 Responsibilities of public agencies.—All state,
   27  county, and local agencies shall cooperate, assist, and provide
   28  information to the Office of Adoption and Child Protection and
   29  the department as will enable them to fulfill their
   30  responsibilities under this chapter.
   31         Section 3. Subsection (46) of section 39.01, Florida
   32  Statutes, is repealed.
   33         Section 4. Subsection (1) of section 39.302, Florida
   34  Statutes, is amended to read:
   35         39.302 Protective investigations of institutional child
   36  abuse, abandonment, or neglect.—
   37         (1) The department shall conduct a child protective
   38  investigation of each report of institutional child abuse,
   39  abandonment, or neglect. Upon receipt of a report that alleges
   40  that an employee or agent of the department, or any other entity
   41  or person covered by s. 39.01(33) or (46)(47), acting in an
   42  official capacity, has committed an act of child abuse,
   43  abandonment, or neglect, the department shall initiate a child
   44  protective investigation within the timeframe established under
   45  s. 39.201(5) and orally notify the appropriate state attorney,
   46  law enforcement agency, and licensing agency, which shall
   47  immediately conduct a joint investigation, unless independent
   48  investigations are more feasible. When conducting investigations
   49  onsite or having face-to-face interviews with the child,
   50  investigation visits shall be unannounced unless it is
   51  determined by the department or its agent that unannounced
   52  visits threaten the safety of the child. If a facility is exempt
   53  from licensing, the department shall inform the owner or
   54  operator of the facility of the report. Each agency conducting a
   55  joint investigation is entitled to full access to the
   56  information gathered by the department in the course of the
   57  investigation. A protective investigation must include an onsite
   58  visit of the child’s place of residence. The department shall
   59  make a full written report to the state attorney within 3
   60  working days after making the oral report. A criminal
   61  investigation shall be coordinated, whenever possible, with the
   62  child protective investigation of the department. Any interested
   63  person who has information regarding the offenses described in
   64  this subsection may forward a statement to the state attorney as
   65  to whether prosecution is warranted and appropriate. Within 15
   66  days after the completion of the investigation, the state
   67  attorney shall report the findings to the department and shall
   68  include in the report a determination of whether or not
   69  prosecution is justified and appropriate in view of the
   70  circumstances of the specific case.
   71         Section 5. Subsections (3) and (4) of section 402.56,
   72  Florida Statutes, are amended to read:
   73         402.56 Children’s cabinet; organization; responsibilities;
   74  annual report.—
   75         (3) ORGANIZATION.—There is created the Children and Youth
   76  Cabinet, which is a coordinating council as defined in s. 20.03.
   77         (a) The cabinet shall ensure that the public policy of this
   78  state relating to children and youth is developed to promote
   79  interdepartmental collaboration and program implementation in
   80  order that services designed for children and youth are planned,
   81  managed, and delivered in a holistic and integrated manner to
   82  improve the children’s self-sufficiency, safety, economic
   83  stability, health, and quality of life.
   84         (b) The cabinet shall be located is created in the
   85  Department of Children and Family Services Executive Office of
   86  the Governor, which shall provide administrative support and
   87  service to the cabinet.
   88         (c) The cabinet shall meet for its organizational session
   89  no later than October 1, 2007. Thereafter, the cabinet shall
   90  meet at least four six times each year in different regions of
   91  the state in order to solicit input from the public and any
   92  other individual offering testimony relevant to the issues
   93  considered. Each meeting must include a public comment session.
   94         (4) MEMBERS.—The cabinet shall consist of 14 15 members
   95  including the Secretary of Children and Family Services Governor
   96  and the following persons:
   97         (a)1. The Governor or his or her designee Secretary of
   98  Children and Family Services;
   99         2. The Secretary of Juvenile Justice or his or her
  100  designee;
  101         3. The director of the Agency for Persons with Disabilities
  102  or his or her designee;
  103         4. The director of the Agency for Workforce Innovation or
  104  his or her designee;
  105         5. The State Surgeon General or his or her designee;
  106         6. The Secretary of Health Care Administration or his or
  107  her designee;
  108         7. The Commissioner of Education or his or her designee;
  109         8. The director of the Statewide Guardian Ad Litem Office
  110  or his or her designee; and
  111         9. The director of the Office of Child Abuse Prevention;
  112  and
  113         9.10. Five members representing children and youth advocacy
  114  organizations, who are not service providers and who are
  115  appointed by the Governor.
  116         (b) The President of the Senate, the Speaker of the House
  117  of Representatives, the Chief Justice of the Supreme Court, the
  118  Attorney General, and the Chief Financial Officer, or their
  119  appointed designees, shall serve as ex officio members of the
  120  cabinet.
  121         (c) The Secretary of Children and Family Services or his or
  122  her Governor or the Governor’s designee shall serve as the chair
  123  of the cabinet.
  124         (d) Nongovernmental members of the cabinet shall serve
  125  without compensation, but are entitled to receive per diem and
  126  travel expenses in accordance with s. 112.061 while in
  127  performance of their duties.
  128         Section 6. This act shall take effect July 1, 2011.