Florida Senate - 2012 CS for SB 2048
By the Committees on Governmental Oversight and Accountability;
and Children, Families, and Elder Affairs
585-03102-12 20122048c1
1 A bill to be entitled
2 An act relating to the Department of Children and
3 Family Services; amending s. 20.04, F.S.; changing the
4 name of the department to the “Department of Children
5 and Families”; requiring that the department be
6 geographically organized into circuits and regions;
7 amending s. 20.19, F.S.; revising provisions relating
8 to the establishment of the department; revising the
9 mission of the department; providing for a Director
10 for Substance Abuse and Mental Health, appointed by
11 the secretary of the department; revising the services
12 provided by the department and abolishing the program
13 offices; deleting provisions establishing service
14 districts; deleting provisions providing for a
15 prototype region; deleting provisions providing an
16 exemption from competitive bids for certain health
17 services; amending s. 20.43, F.S., relating to the
18 service areas of the Department of Health; conforming
19 provisions to the abolishment of the service districts
20 of the Department of Children and Family Services;
21 amending s. 39.01, F.S.; conforming a cross-reference;
22 amending s. 394.78, F.S.; removing an obsolete
23 reference to health and human services boards;
24 amending s. 420.622, F.S., relating to the State
25 Office on Homelessness within the Department of
26 Children and Families; removing a requirement that the
27 executive director of the office be appointed by the
28 Governor; providing for legislation to conform the
29 Florida Statutes to changes made by the act; providing
30 an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsection (4) of section 20.04, Florida
35 Statutes, is amended to read:
36 20.04 Structure of executive branch.—The executive branch
37 of state government is structured as follows:
38 (4) Within the Department of Children and Families Family
39 Services there are organizational units called “circuits” and
40 “regions.” “program offices,” headed by program directors. Each
41 circuit is aligned geographically with each of the state’s
42 judicial circuits, and each region is comprised of multiple
43 circuits that are in geographical proximity to each other.
44 Section 2. Section 20.19, Florida Statutes, is amended to
45 read:
46 20.19 Department of Children and Families Family Services.
47 There is created a Department of Children and Families Family
48 Services.
49 (1) MISSION AND PURPOSE.—
50 (a) The mission of the Department of Children and Families
51 Family Services is to work in partnership with local communities
52 to protect the vulnerable, promote strong and economically self
53 sufficient families, and advance personal and family recovery
54 and resiliency ensure the safety, well-being, and self
55 sufficiency of the people served.
56 (b) The department shall develop a strategic plan for
57 fulfilling its mission and establish a set of measurable goals,
58 objectives, performance standards, and quality assurance
59 requirements to ensure that the department is accountable to the
60 people of Florida.
61 (c) To the extent allowed by law and within specific
62 appropriations, the department shall deliver services by
63 contract through private providers.
64 (2) SECRETARY OF CHILDREN AND FAMILIES FAMILY SERVICES;
65 DEPUTY SECRETARY.—
66 (a) The head of the department is the Secretary of Children
67 and Families Family Services. The secretary is appointed by the
68 Governor, subject to confirmation by the Senate. The secretary
69 serves at the pleasure of the Governor.
70 (b) The secretary shall appoint a deputy secretary who
71 shall act in the absence of the secretary. The deputy secretary
72 is directly responsible to the secretary, performs such duties
73 as are assigned by the secretary, and serves at the pleasure of
74 the secretary.
75 (c)1. The secretary shall appoint an Assistant Secretary
76 for Substance Abuse and Mental Health. The assistant secretary
77 shall serve at the pleasure of the secretary and must have
78 expertise in both areas of responsibility.
79 2. The secretary shall appoint a Program Director for
80 Substance Abuse and a Program Director for Mental Health who has
81 have the requisite expertise and experience in their respective
82 fields to head the state’s Substance Abuse and Mental Health
83 Program Office programs.
84 a. Each program director shall have line authority over all
85 district substance abuse and mental health program management
86 staff.
87 b. The assistant secretary shall enter into a memorandum of
88 understanding with each district or region administrator, which
89 must be approved by the secretary or the secretary’s designee,
90 describing the working relationships within each geographic
91 area.
92 c. The mental health institutions shall report to the
93 Program Director for Mental Health.
94 d. Each program director shall have direct control over the
95 program’s budget and contracts for services. Support staff
96 necessary to manage budget and contracting functions within the
97 department shall be placed under the supervision of the program
98 directors.
99 (d) The secretary has the authority and responsibility to
100 ensure that the mission of the department is fulfilled in
101 accordance with state and federal laws, rules, and regulations.
102 (3) PROGRAM DIRECTORS.—The secretary shall appoint program
103 directors who serve at the pleasure of the secretary. The
104 secretary may delegate to the program directors responsibilities
105 for the management, policy, program, and fiscal functions of the
106 department.
107 (3)(4) SERVICES PROVIDED PROGRAM OFFICES AND SUPPORT
108 OFFICES.—
109 (a) The department shall provide the following services: is
110 authorized to establish program offices and support offices,
111 each of which shall be headed by a director or other management
112 position who shall be appointed by and serves at the pleasure of
113 the secretary.
114 (b) The following program offices are established:
115 1. Adult Protection Services.
116 2. Child Care Regulation Services.
117 3. Child Welfare.
118 4.3. Domestic Violence.
119 5.4. Economic Self-Sufficiency Services.
120 5. Family Safety.
121 6. Mental Health.
122 7. Refugee Services.
123 8. Substance Abuse.
124 (b)(c) Program Offices and support offices may be
125 consolidated, restructured, or rearranged by the secretary, in
126 consultation with the Executive Office of the Governor, if
127 provided any such consolidation, restructuring, or rearranging
128 is capable of meeting functions and activities and achieving
129 outcomes as delineated in state and federal laws, rules, and
130 regulations. The secretary may appoint additional managers and
131 administrators as he or she determines are necessary for the
132 effective management of the department.
133 (5) SERVICE DISTRICTS.—
134 (a) The department shall plan and administer its programs
135 of family services through service districts and subdistricts
136 composed of the following counties:
137 1. District 1.—Escambia, Santa Rosa, Okaloosa, and Walton
138 Counties.
139 2. District 2, Subdistrict A.—Holmes, Washington, Bay,
140 Jackson, Calhoun, and Gulf Counties.
141 3. District 2, Subdistrict B.—Gadsden, Liberty, Franklin,
142 Leon, Wakulla, Jefferson, Madison, and Taylor Counties.
143 4. District 3.—Hamilton, Suwannee, Lafayette, Dixie,
144 Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and Alachua
145 Counties.
146 5. District 4.—Baker, Nassau, Duval, Clay, and St. Johns
147 Counties.
148 6. District 5.—Pasco and Pinellas Counties.
149 7. District 6.—Hillsborough and Manatee Counties.
150 8. District 7, Subdistrict A.—Seminole, Orange, and Osceola
151 Counties.
152 9. District 7, Subdistrict B.—Brevard County.
153 10. District 8, Subdistrict A.—Sarasota and DeSoto
154 Counties.
155 11. District 8, Subdistrict B.—Charlotte, Lee, Glades,
156 Hendry, and Collier Counties.
157 12. District 9.—Palm Beach County.
158 13. District 10.—Broward County.
159 14. District 11, Subdistrict A.—Miami-Dade County.
160 15. District 11, Subdistrict B.—Monroe County.
161 16. District 12.—Flagler and Volusia Counties.
162 17. District 13.—Marion, Citrus, Hernando, Sumter, and Lake
163 Counties.
164 18. District 14.—Polk, Hardee, and Highlands Counties.
165 19. District 15.—Indian River, Okeechobee, St. Lucie, and
166 Martin Counties.
167 (b) The secretary shall appoint a district administrator
168 for each of the service districts. The district administrator
169 shall serve at the pleasure of the secretary and shall perform
170 such duties as assigned by the secretary.
171 (c) Each fiscal year the secretary shall, in consultation
172 with the relevant employee representatives, develop projections
173 of the number of child abuse and neglect cases and shall include
174 in the department’s legislative budget request a specific
175 appropriation for funds and positions for the next fiscal year
176 in order to provide an adequate number of full-time equivalent:
177 1. Child protection investigation workers so that caseloads
178 do not exceed the Child Welfare League Standards by more than
179 two cases; and
180 2. Child protection case workers so that caseloads do not
181 exceed the Child Welfare League Standards by more than two
182 cases.
183 (4)(6) COMMUNITY ALLIANCES.—
184 (a) The department shall, in consultation with local
185 communities, establish a community alliance of the stakeholders,
186 community leaders, client representatives, and funders of human
187 services in each county to provide a focal point for community
188 participation and governance of community-based services. An
189 alliance may cover more than one county when such arrangement is
190 determined to provide for more effective representation. The
191 community alliance shall represent the diversity of the
192 community.
193 (b) The duties of the community alliance shall include, but
194 not necessarily be limited to:
195 1. Joint planning for resource utilization in the
196 community, including resources appropriated to the department
197 and any funds that local funding sources choose to provide.
198 2. Needs assessment and establishment of community
199 priorities for service delivery.
200 3. Determining community outcome goals to supplement state
201 required outcomes.
202 4. Serving as a catalyst for community resource
203 development.
204 5. Providing for community education and advocacy on issues
205 related to delivery of services.
206 6. Promoting prevention and early intervention services.
207 (c) The department shall ensure, to the greatest extent
208 possible, that the formation of each community alliance builds
209 on the strengths of the existing community human services
210 infrastructure.
211 (d) The initial membership of the community alliance in a
212 county shall be composed of the following:
213 1. A representative from the department. The district
214 administrator.
215 2. A representative from county government.
216 3. A representative from the school district.
217 4. A representative from the county United Way.
218 5. A representative from the county sheriff’s office.
219 6. A representative from the circuit court corresponding to
220 the county.
221 7. A representative from the county children’s board, if
222 one exists.
223 (e) At any time after the initial meeting of the community
224 alliance, the community alliance shall adopt bylaws and may
225 increase the membership of the alliance to include the state
226 attorney for the judicial circuit in which the community
227 alliance is located, or his or her designee, the public defender
228 for the judicial circuit in which the community alliance is
229 located, or his or her designee, and other individuals and
230 organizations who represent funding organizations, are community
231 leaders, have knowledge of community-based service issues, or
232 otherwise represent perspectives that will enable them to
233 accomplish the duties listed in paragraph (b), if, in the
234 judgment of the alliance, such change is necessary to adequately
235 represent the diversity of the population within the community
236 alliance service circuits districts.
237 (f) A member of the community alliance, other than a member
238 specified in paragraph (d), may not receive payment for
239 contractual services from the department or a community-based
240 care lead agency.
241 (g) Members of the community alliances shall serve without
242 compensation, but are entitled to receive reimbursement for per
243 diem and travel expenses, as provided in s. 112.061. Payment may
244 also be authorized for preapproved child care expenses or lost
245 wages for members who are consumers of the department’s services
246 and for preapproved child care expenses for other members who
247 demonstrate hardship.
248 (h) Members of a community alliance are subject to the
249 provisions of part III of chapter 112, the Code of Ethics for
250 Public Officers and Employees.
251 (i) Actions taken by a community alliance must be
252 consistent with department policy and state and federal laws,
253 rules, and regulations.
254 (j) Alliance members shall annually submit a disclosure
255 statement of services interests to the department’s inspector
256 general. Any member who has an interest in a matter under
257 consideration by the alliance must abstain from voting on that
258 matter.
259 (k) All alliance meetings are open to the public pursuant
260 to s. 286.011 and the public records provision of s. 119.07(1).
261 (7) PROTOTYPE REGION.—
262 (a) Notwithstanding the provisions of this section, the
263 department may consolidate the management and administrative
264 structure or function of the geographic area that includes the
265 counties in the sixth, twelfth, and thirteenth judicial circuits
266 as defined in s. 26.021. The department shall evaluate the
267 efficiency and effectiveness of the operation of the prototype
268 region and upon a determination that there has been a
269 demonstrated improvement in management and oversight of services
270 or cost savings from more efficient administration of services,
271 the secretary may consolidate management and administration of
272 additional areas of the state. Any such additional consolidation
273 shall comply with the provisions of subsection (5) unless
274 legislative authorization to the contrary is provided.
275 (b) Within the prototype region, the budget transfer
276 authority defined in paragraph (5)(b) shall apply to the
277 consolidated geographic area.
278 (c) The department is authorized to contract for children’s
279 services with a lead agency in each county of the prototype
280 area, except that the lead agency contract may cover more than
281 one county when it is determined that such coverage will provide
282 more effective or efficient services. The duties of the lead
283 agency shall include, but not necessarily be limited to:
284 1. Directing and coordinating the program and children’s
285 services within the scope of its contract.
286 2. Providing or contracting for the provision of core
287 services, including intake and eligibility, assessment, service
288 planning, and case management.
289 3. Creating a service provider network capable of
290 delivering the services contained in client service plans, which
291 shall include identifying the necessary services, the necessary
292 volume of services, and possible utilization patterns and
293 negotiating rates and expectations with providers.
294 4. Managing and monitoring of provider contracts and
295 subcontracts.
296 5. Developing and implementing an effective bill payment
297 mechanism to ensure all providers are paid in a timely fashion.
298 6. Providing or arranging for administrative services
299 necessary to support service delivery.
300 7. Utilizing departmentally approved training and meeting
301 departmentally defined credentials and standards.
302 8. Providing for performance measurement in accordance with
303 the department’s quality assurance program and providing for
304 quality improvement and performance measurement.
305 9. Developing and maintaining effective interagency
306 collaboration to optimize service delivery.
307 10. Ensuring that all federal and state reporting
308 requirements are met.
309 11. Operating a consumer complaint and grievance process.
310 12. Ensuring that services are coordinated and not
311 duplicated with other major payors, such as the local schools
312 and Medicaid.
313 13. Any other duties or responsibilities defined in s.
314 409.1671 related to community-based care.
315 (5)(8) CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.—It
316 is the intent of the Legislature that when county governments
317 are required by law to participate in the funding of programs,
318 the department shall consult with designated representatives of
319 county governments in developing policies and service delivery
320 plans for those programs.
321 (9) PROCUREMENT OF HEALTH SERVICES.—Nothing contained in
322 chapter 287 shall require competitive bids for health services
323 involving examination, diagnosis, or treatment.
324 Section 3. Subsection (5) of section 20.43, Florida
325 Statutes, is amended to read:
326 20.43 Department of Health.—There is created a Department
327 of Health.
328 (5) The department shall plan and administer its public
329 health programs through its county health departments and may,
330 for administrative purposes and efficient service delivery,
331 establish up to 15 service areas to carry out such duties as may
332 be prescribed by the State Surgeon General. The boundaries of
333 the service areas shall be the same as, or combinations of, the
334 service districts of the Department of Children and Family
335 Services established in s. 20.19 and, to the extent practicable,
336 shall take into consideration the boundaries of the jobs and
337 education regional boards.
338 Section 4. Subsection (27) of section 39.01, Florida
339 Statutes, is amended to read:
340 39.01 Definitions.—When used in this chapter, unless the
341 context otherwise requires:
342 (27) “District administrator” means the chief operating
343 officer of each service district of the department as defined in
344 s. 20.19(5) and, where appropriate, includes any district
345 administrator whose service district falls within the boundaries
346 of a judicial circuit.
347 Section 5. Subsection (5) of section 394.78, Florida
348 Statutes, is amended to read:
349 394.78 Operation and administration; personnel standards;
350 procedures for audit and monitoring of service providers;
351 resolution of disputes.—
352 (5) In unresolved disputes regarding this part or rules
353 established pursuant to this part, providers and district health
354 and human services boards shall adhere to formal procedures
355 specified under s. 20.19(8)(n).
356 Section 6. Subsection (1) of section 420.622, Florida
357 Statutes, is amended to read:
358 420.622 State Office on Homelessness; Council on
359 Homelessness.—
360 (1) The State Office on Homelessness is created within the
361 Department of Children and Families Family Services to provide
362 interagency, council, and other related coordination on issues
363 relating to homelessness. An executive director of the office
364 shall be appointed by the Governor.
365 Section 7. During the 2013 regular legislative session, the
366 Legislature shall adopt legislation to conform the Florida
367 Statutes to the provisions of this act.
368 Section 8. This act shall take effect July 1, 2012.