Bill Text: FL S0724 | 2010 | Regular Session | Comm Sub

Florida Senate Bill 724 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Review/DCFS/Florida Government Accountability Act [SPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Messages, companion bill(s) passed, see CS/CS/SB 1412 (Ch. 2010-102) [S0724 Detail]

Download: Florida-2010-S0724-Comm_Sub.html
 
Florida Senate - 2010                              CS for SB 724 
 
By the Committee on Children, Families, and Elder Affairs; and 
Senator Storms 
586-03219-10                                           2010724c1 
1                        A bill to be entitled 
2         An act relating to a review of the Department of 
3         Children and Family Services under the Florida 
4         Government Accountability Act; reenacting and amending 
5         s. 20.19, F.S., relating to the establishment of the 
6         department; changing the name of the Department of 
7         Children and Family Services to the Department of 
8         Children and Families; revising provisions relating to 
9         the establishment and structure of, and services 
10         provided by, the department; providing for operating 
11         units called circuits that conform to the geographic 
12         boundaries of judicial circuits; providing for the 
13         establishment of and requirements for membership and 
14         participation in community alliances and community 
15         partnerships; amending s. 20.04, F.S.; authorizing the 
16         department to establish circuits or regions headed by 
17         circuit administrators or region directors and 
18         deleting a requirement for statutory enactment for 
19         additional divisions or offices in the department; 
20         amending s. 20.43, F.S.; revising provisions relating 
21         to service area boundaries; amending s. 394.47865, 
22         F.S.; deleting provisions relating to distribution of 
23         privatization savings to specified service districts 
24         to conform to changes made by the act; amending s. 
25         394.655, F.S.; extending the expiration date of the 
26         Substance Abuse and Mental Health Corporation; 
27         amending s. 394.78, F.S.; deleting an obsolete 
28         provision relating to dispute resolution; amending s. 
29         394.9135, F.S.; requiring the transfer of certain 
30         sexually violent offenders to the custody of the 
31         United States Immigration and Customs Enforcement; 
32         requiring that the department put into place a 
33         memorandum of understanding for retaining custody of 
34         such an offender under certain circumstances; amending 
35         s. 402.313, F.S.; revising licensure requirements for 
36         family day care homes; amending s. 402.315, F.S.; 
37         requiring the county, rather than the department, to 
38         bear the costs of licensing family day care homes, 
39         under certain circumstances; amending s. 402.40, F.S.; 
40         defining the terms “child welfare certification” and 
41         “core competency”; requiring that professionals 
42         providing child welfare services demonstrate core 
43         competency; requiring that the department recognize 
44         certain certifications; requiring that certain persons 
45         hold active certification; amending s. 420.621, F.S.; 
46         revising the definition of the term “district” to 
47         conform to changes made by the act; amending s. 
48         420.622, F.S.; deleting a requirement for the Governor 
49         to appoint the executive director of the State Office 
50         of Homelessness; conforming a provision; amending ss. 
51         39.01, 39.0121, 39.301, 39.302, 39.303, 39.806, 
52         39.828, 381.0072, 394.493, 394.4985, 394.67, 394.73, 
53         394.74, 394.75, 394.76, 394.82, 394.9084, 397.821, 
54         402.49, 409.152, 409.1671, 409.1755, 410.0245, 
55         410.603, 410.604, 411.224, 414.24, 415.1113, 420.623, 
56         420.625, 429.35, and 1002.67, F.S.; revising 
57         provisions to conform to changes made by the act; 
58         correcting cross-references; repealing ss. 39.311, 
59         39.312, 39.313, 39.314, 39.315, 39.316, 39.317, and 
60         39.318, F.S., relating to the Family Builders Program; 
61         repealing s. 394.9083, F.S., relating to the 
62         Behavioral Health Services Integration Workgroup; 
63         repealing s. 402.35, F.S., which provides for 
64         department employees to be governed by Department of 
65         Management Services rules; directing the Division of 
66         Statutory Revision to prepare a reviser’s bill; 
67         requiring the Agency for Persons with Disabilities to 
68         prepare a plan to perform its own administrative and 
69         operational functions separate from the department; 
70         directing the department to define legal services 
71         associated with dependency proceeding and modify lead 
72         agency funding; directing the department to establish 
73         a procedure for assisting certain undocumented aliens 
74         in returning to their country of origin; directing the 
75         department to institute a program for identifying 
76         undocumented aliens in mental health institutions who 
77         may be appropriate candidates for removal; providing 
78         an effective date. 
79 
80  Be It Enacted by the Legislature of the State of Florida: 
81 
82         Section 1. Section 20.19, Florida Statutes, is reenacted 
83  and amended to read: 
84         (Substantial rewording of section. See 
85         s. 20.19, F.S., for present text.) 
86         20.19 Department of Children and Families.—There is created 
87  a Department of Children and Families. 
88         (1) MISSION AND PLAN.— 
89         (a) The mission of the Department of Children and Families 
90  is to work in partnership with local communities to ensure the 
91  safety, well-being, and self-sufficiency of the people served. 
92         (b) The department shall develop a strategic plan for 
93  fulfilling its mission and establish a set of measurable goals, 
94  objectives, performance standards, and quality assurance 
95  requirements to ensure that the department is accountable to the 
96  people of Florida. 
97         (c) To the extent allowed by law and within specific 
98  appropriations, the department shall deliver services by 
99  contract through private providers. 
100         (2) SECRETARY OF CHILDREN AND FAMILIES.— 
101         (a) The head of the department is the Secretary of Children 
102  and Families. The Governor shall appoint the secretary, who is 
103  subject to confirmation by the Senate. The secretary serves at 
104  the pleasure of the Governor. 
105         (b) The secretary is responsible for planning, 
106  coordinating, and managing the delivery of all services that are 
107  the responsibility of the department. 
108         (c) The secretary shall appoint a deputy secretary who 
109  shall act in the absence of the secretary. The deputy secretary 
110  is directly responsible to the secretary, performs such duties 
111  as are assigned by the secretary, and serves at the pleasure of 
112  the secretary. 
113         (d) The secretary shall appoint an Assistant Secretary for 
114  Substance Abuse and Mental Health and may establish assistant 
115  secretary positions as necessary to administer the requirements 
116  of this section. All persons appointed to such positions shall 
117  serve at the pleasure of the secretary. The department shall 
118  integrate substance abuse and mental health programs into the 
119  overall structure and priorities of the department. 
120         (3) SERVICES PROVIDED.— 
121         (a) The department shall establish the following program 
122  offices, each of which shall be headed by a program director who 
123  shall be appointed by and serve at the pleasure of the 
124  secretary: 
125         1. Adult protection. 
126         2. Child care licensure. 
127         3. Domestic violence. 
128         4. Economic self-sufficiency. 
129         5. Family safety. 
130         6. Mental health. 
131         7. Refugee services. 
132         8. Substance abuse. 
133         9. Homelessness. 
134         (b) The secretary may appoint additional directors as 
135  necessary for the effective management of the program services 
136  provided by the department. 
137         (4) OPERATING UNITS.— 
138         (a) The department shall plan and administer its program 
139  services through operating units called “circuits” that conform 
140  to the geographic boundaries of the judicial circuits 
141  established in s. 26.021. The department may also establish one 
142  or more regions consisting of one or more circuits. A region 
143  shall provide administrative, management, and infrastructure 
144  support to the circuits operating within the region. The region 
145  shall consolidate support functions to provide the most 
146  efficient use of resources to support the circuits operating 
147  within the region. 
148         (b) The secretary may appoint a circuit administrator for 
149  each circuit and a region director for each region who shall 
150  serve at the pleasure of the secretary and shall perform such 
151  duties as are assigned by the secretary. 
152         (5) COMMUNITY ALLIANCES AND PARTNERSHIPS; ADVISORY GROUPS. 
153  The department may, or at the request of a county government 
154  shall, establish in each circuit one or more community alliances 
155  or community partnerships. The purpose of a community alliance 
156  or community partnership is to provide a focal point for 
157  community participation and the governance of community-based 
158  services. The membership of a community alliance or community 
159  partnership shall represent the diversity of a community and 
160  consist of stakeholders, community leaders, client 
161  representatives, and entities that fund human services. The 
162  secretary may also establish advisory groups at the state level 
163  as necessary to ensure and enhance communication and provide 
164  liaison with stakeholders, community leaders, and client 
165  representatives. 
166         (a) The duties of a community alliance or community 
167  partnership may include, but are not limited to: 
168         1. Participating in joint planning for the effective use of 
169  resources in the community, including resources appropriated to 
170  the department, and any funds that local funding sources choose 
171  to provide. 
172         2. Performing a needs assessment and establishing community 
173  priorities for service delivery. 
174         3. Determining community outcome goals to supplement state 
175  required outcomes. 
176         4. Serving as a catalyst for community resource 
177  development. 
178         5. Providing for community education and advocacy on issues 
179  related to service delivery. 
180         6. Promoting prevention and early intervention services. 
181         (b) If one or more community alliances or community 
182  partnerships are established in a circuit, the department shall 
183  ensure, to the greatest extent possible, that the formation of 
184  each alliance or partnership builds on the strengths of the 
185  existing community human services infrastructure. 
186         (c) Members of community alliances, community partnerships, 
187  and advisory groups shall serve without compensation, but are 
188  entitled to reimbursement for per diem and travel expenses in 
189  accordance with s. 112.061. The department may also authorize 
190  payment for preapproved child care expenses or lost wages for 
191  members who are consumers of services provided by the 
192  department. 
193         (d) Members of community alliances, community partnerships, 
194  and advisory groups are subject to part III of chapter 112, the 
195  Code of Ethics for Public Officers and Employees. 
196         (e) Actions taken by community alliances, community 
197  partnerships, and advisory groups must be consistent with 
198  department policy and state and federal laws, rules, and 
199  regulations. 
200         (f) Each member of a community alliance, community 
201  partnership, or advisory group must submit annually to the 
202  inspector general of the department a disclosure statement of 
203  any interest in services provided by the department. Any member 
204  who has an interest in a matter under consideration by the 
205  community alliance, community partnership, or advisory group 
206  must abstain from voting on that matter. 
207         (g) All meetings of community alliances, community 
208  partnerships, and advisory groups are open to the public 
209  pursuant to s. 286.011 and are subject to the public-records 
210  provisions of s. 119.07(1). 
211         (6) CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.—It is 
212  the intent of the Legislature that when county governments are 
213  required by law to participate in the funding of programs 
214  serviced by the department, the department shall consult with 
215  designated representatives of county governments in developing 
216  policies and service delivery plans for those programs. 
217         Section 2. Subsection (4) and paragraph (b) of subsection 
218  (7) of section 20.04, Florida Statutes, are amended to read: 
219         20.04 Structure of executive branch.—The executive branch 
220  of state government is structured as follows: 
221         (4) Within the Department of Children and Families Family 
222  Services there are organizational units called “program 
223  offices,” headed by program directors, and operating units 
224  called “circuits,” headed by circuit administrators. In 
225  addition, there may be “regions,” headed by region directors. 
226         (7) 
227         (b) Within the limitations of this subsection, the head of 
228  the department may recommend the establishment of additional 
229  divisions, bureaus, sections, and subsections of the department 
230  to promote efficient and effective operation of the department. 
231  However, additional divisions, or offices in the Department of 
232  Children and Family Services, the Department of Corrections, and 
233  the Department of Transportation, may be established only by 
234  specific statutory enactment. New bureaus, sections, and 
235  subsections of departments may be initiated by a department and 
236  established as recommended by the Department of Management 
237  Services and approved by the Executive Office of the Governor, 
238  or may be established by specific statutory enactment. 
239         Section 3. Subsection (5) of section 20.43, Florida 
240  Statutes, is amended to read: 
241         20.43 Department of Health.—There is created a Department 
242  of Health. 
243         (5) The department shall plan and administer its public 
244  health programs through its county health departments and may, 
245  for administrative purposes and efficient service delivery, 
246  establish up to 15 service areas to carry out such duties as may 
247  be prescribed by the State Surgeon General. The boundaries of 
248  the service areas shall be the same as, or combinations of, the 
249  service districts of the Department of Children and Family 
250  Services established in s. 20.19 and, to the extent practicable, 
251  shall take into consideration the boundaries of the jobs and 
252  education regional boards. 
253         Section 4. Subsections (18) through (76) of section 39.01, 
254  Florida Statutes, are renumbered as subsections (19) through 
255  (75), respectively, subsection (10) is amended, present 
256  subsection (26) is repealed, and present subsection (27) of that 
257  section is renumbered as subsection (18) and amended, to read: 
258         39.01 Definitions.—When used in this chapter, unless the 
259  context otherwise requires: 
260         (10) “Caregiver” means the parent, legal custodian, 
261  permanent guardian, adult household member, or other person 
262  responsible for a child’s welfare as defined in subsection (46) 
263  (47). 
264         (26) “District” means any one of the 15 service districts 
265  of the department established pursuant to s. 20.19. 
266         (18)(27) “Circuit District administrator” means the chief 
267  operating officer of each circuit service district of the 
268  department as defined in s. 20.19(5) and, where appropriate, 
269  includes any district administrator whose service district falls 
270  within the boundaries of a judicial circuit. 
271         Section 5. Subsection (10) of section 39.0121, Florida 
272  Statutes, is amended to read: 
273         39.0121 Specific rulemaking authority.—Pursuant to the 
274  requirements of s. 120.536, the department is specifically 
275  authorized to adopt, amend, and repeal administrative rules 
276  which implement or interpret law or policy, or describe the 
277  procedure and practice requirements necessary to implement this 
278  chapter, including, but not limited to, the following: 
279         (10) The Family Builders Program, the Intensive Crisis 
280  Counseling Program, and any other early intervention programs 
281  and kinship care assistance programs. 
282         Section 6. Paragraph (a) of subsection (15) of section 
283  39.301, Florida Statutes, is amended to read: 
284         39.301 Initiation of protective investigations.— 
285         (15)(a) If the department or its agent determines that a 
286  child requires immediate or long-term protection through: 
287         1. Medical or other health care; or 
288         2. Homemaker care, day care, protective supervision, or 
289  other services to stabilize the home environment, including 
290  intensive family preservation services through the Family 
291  Builders Program or the Intensive Crisis Counseling Program, or 
292  both, 
293 
294  such services shall first be offered for voluntary acceptance 
295  unless there are high-risk factors that may impact the ability 
296  of the parents or legal custodians to exercise judgment. Such 
297  factors may include the parents’ or legal custodians’ young age 
298  or history of substance abuse or domestic violence. 
299         Section 7. Subsection (1) of section 39.302, Florida 
300  Statutes, is amended to read: 
301         39.302 Protective investigations of institutional child 
302  abuse, abandonment, or neglect.— 
303         (1) The department shall conduct a child protective 
304  investigation of each report of institutional child abuse, 
305  abandonment, or neglect. Upon receipt of a report that alleges 
306  that an employee or agent of the department, or any other entity 
307  or person covered by s. 39.01(32)(33) or (46)(47), acting in an 
308  official capacity, has committed an act of child abuse, 
309  abandonment, or neglect, the department shall initiate a child 
310  protective investigation within the timeframe established under 
311  s. 39.201(5) and orally notify the appropriate state attorney, 
312  law enforcement agency, and licensing agency, which shall 
313  immediately conduct a joint investigation, unless independent 
314  investigations are more feasible. When conducting investigations 
315  onsite or having face-to-face interviews with the child, 
316  investigation visits shall be unannounced unless it is 
317  determined by the department or its agent that unannounced 
318  visits threaten the safety of the child. If a facility is exempt 
319  from licensing, the department shall inform the owner or 
320  operator of the facility of the report. Each agency conducting a 
321  joint investigation is entitled to full access to the 
322  information gathered by the department in the course of the 
323  investigation. A protective investigation must include an onsite 
324  visit of the child’s place of residence. The department shall 
325  make a full written report to the state attorney within 3 
326  working days after making the oral report. A criminal 
327  investigation shall be coordinated, whenever possible, with the 
328  child protective investigation of the department. Any interested 
329  person who has information regarding the offenses described in 
330  this subsection may forward a statement to the state attorney as 
331  to whether prosecution is warranted and appropriate. Within 15 
332  days after the completion of the investigation, the state 
333  attorney shall report the findings to the department and shall 
334  include in the report a determination of whether or not 
335  prosecution is justified and appropriate in view of the 
336  circumstances of the specific case. 
337         Section 8. Section 39.303, Florida Statutes, is amended to 
338  read: 
339         39.303 Child protection teams; services; eligible cases. 
340  The Children’s Medical Services Program in the Department of 
341  Health shall develop, maintain, and coordinate the services of 
342  one or more multidisciplinary child protection teams in each of 
343  the circuits service districts of the Department of Children and 
344  Families Family Services. Such teams may be composed of 
345  appropriate representatives of school districts and appropriate 
346  health, mental health, social service, legal service, and law 
347  enforcement agencies. The Legislature finds that optimal 
348  coordination of child protection teams and sexual abuse 
349  treatment programs requires collaboration between the Department 
350  of Health and the Department of Children and Families Family 
351  Services. The two departments shall maintain an interagency 
352  agreement that establishes protocols for oversight and 
353  operations of child protection teams and sexual abuse treatment 
354  programs. The State Surgeon General and the Deputy Secretary for 
355  Children’s Medical Services, in consultation with the Secretary 
356  of Children and Families Family Services, shall maintain the 
357  responsibility for the screening, employment, and, if necessary, 
358  the termination of child protection team medical directors, at 
359  headquarters and in the circuits 15 districts. Child protection 
360  team medical directors shall be responsible for oversight of the 
361  teams in the circuits districts. 
362         (1) The Department of Health shall utilize and convene the 
363  teams to supplement the assessment and protective supervision 
364  activities of the family safety and preservation program of the 
365  Department of Children and Families Family Services. Nothing in 
366  this section shall be construed to remove or reduce the duty and 
367  responsibility of any person to report pursuant to this chapter 
368  all suspected or actual cases of child abuse, abandonment, or 
369  neglect or sexual abuse of a child. The role of the teams shall 
370  be to support activities of the program and to provide services 
371  deemed by the teams to be necessary and appropriate to abused, 
372  abandoned, and neglected children upon referral. The specialized 
373  diagnostic assessment, evaluation, coordination, consultation, 
374  and other supportive services that a child protection team shall 
375  be capable of providing include, but are not limited to, the 
376  following: 
377         (a) Medical diagnosis and evaluation services, including 
378  provision or interpretation of X rays and laboratory tests, and 
379  related services, as needed, and documentation of findings 
380  relative thereto. 
381         (b) Telephone consultation services in emergencies and in 
382  other situations. 
383         (c) Medical evaluation related to abuse, abandonment, or 
384  neglect, as defined by policy or rule of the Department of 
385  Health. 
386         (d) Such psychological and psychiatric diagnosis and 
387  evaluation services for the child or the child’s parent or 
388  parents, legal custodian or custodians, or other caregivers, or 
389  any other individual involved in a child abuse, abandonment, or 
390  neglect case, as the team may determine to be needed. 
391         (e) Expert medical, psychological, and related professional 
392  testimony in court cases. 
393         (f) Case staffings to develop treatment plans for children 
394  whose cases have been referred to the team. A child protection 
395  team may provide consultation with respect to a child who is 
396  alleged or is shown to be abused, abandoned, or neglected, which 
397  consultation shall be provided at the request of a 
398  representative of the family safety and preservation program or 
399  at the request of any other professional involved with a child 
400  or the child’s parent or parents, legal custodian or custodians, 
401  or other caregivers. In every such child protection team case 
402  staffing, consultation, or staff activity involving a child, a 
403  family safety and preservation program representative shall 
404  attend and participate. 
405         (g) Case service coordination and assistance, including the 
406  location of services available from other public and private 
407  agencies in the community. 
408         (h) Such training services for program and other employees 
409  of the Department of Children and Families Family Services, 
410  employees of the Department of Health, and other medical 
411  professionals as is deemed appropriate to enable them to develop 
412  and maintain their professional skills and abilities in handling 
413  child abuse, abandonment, and neglect cases. 
414         (i) Educational and community awareness campaigns on child 
415  abuse, abandonment, and neglect in an effort to enable citizens 
416  more successfully to prevent, identify, and treat child abuse, 
417  abandonment, and neglect in the community. 
418         (j) Child protection team assessments that include, as 
419  appropriate, medical evaluations, medical consultations, family 
420  psychosocial interviews, specialized clinical interviews, or 
421  forensic interviews. 
422 
423  All medical personnel participating on a child protection team 
424  must successfully complete the required child protection team 
425  training curriculum as set forth in protocols determined by the 
426  Deputy Secretary for Children’s Medical Services and the 
427  Statewide Medical Director for Child Protection. 
428         (2) The child abuse, abandonment, and neglect reports that 
429  must be referred by the department to child protection teams of 
430  the Department of Health for an assessment and other appropriate 
431  available support services as set forth in subsection (1) must 
432  include cases involving: 
433         (a) Injuries to the head, bruises to the neck or head, 
434  burns, or fractures in a child of any age. 
435         (b) Bruises anywhere on a child 5 years of age or under. 
436         (c) Any report alleging sexual abuse of a child. 
437         (d) Any sexually transmitted disease in a prepubescent 
438  child. 
439         (e) Reported malnutrition of a child and failure of a child 
440  to thrive. 
441         (f) Reported medical neglect of a child. 
442         (g) Any family in which one or more children have been 
443  pronounced dead on arrival at a hospital or other health care 
444  facility, or have been injured and later died, as a result of 
445  suspected abuse, abandonment, or neglect, when any sibling or 
446  other child remains in the home. 
447         (h) Symptoms of serious emotional problems in a child when 
448  emotional or other abuse, abandonment, or neglect is suspected. 
449         (3) All abuse and neglect cases transmitted for 
450  investigation to a circuit district by the hotline must be 
451  simultaneously transmitted to the Department of Health child 
452  protection team for review. For the purpose of determining 
453  whether face-to-face medical evaluation by a child protection 
454  team is necessary, all cases transmitted to the child protection 
455  team which meet the criteria in subsection (2) must be timely 
456  reviewed by: 
457         (a) A physician licensed under chapter 458 or chapter 459 
458  who holds board certification in pediatrics and is a member of a 
459  child protection team; 
460         (b) A physician licensed under chapter 458 or chapter 459 
461  who holds board certification in a specialty other than 
462  pediatrics, who may complete the review only when working under 
463  the direction of a physician licensed under chapter 458 or 
464  chapter 459 who holds board certification in pediatrics and is a 
465  member of a child protection team; 
466         (c) An advanced registered nurse practitioner licensed 
467  under chapter 464 who has a specialty speciality in pediatrics 
468  or family medicine and is a member of a child protection team; 
469         (d) A physician assistant licensed under chapter 458 or 
470  chapter 459, who may complete the review only when working under 
471  the supervision of a physician licensed under chapter 458 or 
472  chapter 459 who holds board certification in pediatrics and is a 
473  member of a child protection team; or 
474         (e) A registered nurse licensed under chapter 464, who may 
475  complete the review only when working under the direct 
476  supervision of a physician licensed under chapter 458 or chapter 
477  459 who holds certification in pediatrics and is a member of a 
478  child protection team. 
479         (4) A face-to-face medical evaluation by a child protection 
480  team is not necessary when: 
481         (a) The child was examined for the alleged abuse or neglect 
482  by a physician who is not a member of the child protection team, 
483  and a consultation between the child protection team board 
484  certified pediatrician, advanced registered nurse practitioner, 
485  physician assistant working under the supervision of a child 
486  protection team board-certified pediatrician, or registered 
487  nurse working under the direct supervision of a child protection 
488  team board-certified pediatrician, and the examining physician 
489  concludes that a further medical evaluation is unnecessary; 
490         (b) The child protective investigator, with supervisory 
491  approval, has determined, after conducting a child safety 
492  assessment, that there are no indications of injuries as 
493  described in paragraphs (2)(a)-(h) as reported; or 
494         (c) The child protection team board-certified pediatrician, 
495  as authorized in subsection (3), determines that a medical 
496  evaluation is not required. 
497 
498  Notwithstanding paragraphs (a), (b), and (c), a child protection 
499  team pediatrician, as authorized in subsection (3), may 
500  determine that a face-to-face medical evaluation is necessary. 
501         (5) In all instances in which a child protection team is 
502  providing certain services to abused, abandoned, or neglected 
503  children, other offices and units of the Department of Health, 
504  and offices and units of the Department of Children and Families 
505  Family Services, shall avoid duplicating the provision of those 
506  services. 
507         (6) The Department of Health child protection team quality 
508  assurance program and the Department of Children and Families’ 
509  Family Services’ Family Safety Program Office quality assurance 
510  program shall collaborate to ensure referrals and responses to 
511  child abuse, abandonment, and neglect reports are appropriate. 
512  Each quality assurance program shall include a review of records 
513  in which there are no findings of abuse, abandonment, or 
514  neglect, and the findings of these reviews shall be included in 
515  each department’s quality assurance reports. 
516         Section 9. Paragraph (k) of subsection (1) of section 
517  39.806, Florida Statutes, is amended to read: 
518         39.806 Grounds for termination of parental rights.— 
519         (1) Grounds for the termination of parental rights may be 
520  established under any of the following circumstances: 
521         (k) A test administered at birth that indicated that the 
522  child’s blood, urine, or meconium contained any amount of 
523  alcohol or a controlled substance or metabolites of such 
524  substances, the presence of which was not the result of medical 
525  treatment administered to the mother or the newborn infant, and 
526  the biological mother of the child is the biological mother of 
527  at least one other child who was adjudicated dependent after a 
528  finding of harm to the child’s health or welfare due to exposure 
529  to a controlled substance or alcohol as defined in s. 
530  39.01(31)(32)(g), after which the biological mother had the 
531  opportunity to participate in substance abuse treatment. 
532         Section 10. Paragraph (a) of subsection (1) of section 
533  39.828, Florida Statutes, is amended to read: 
534         39.828 Grounds for appointment of a guardian advocate.— 
535         (1) The court shall appoint the person named in the 
536  petition as a guardian advocate with all the powers and duties 
537  specified in s. 39.829 for an initial term of 1 year upon a 
538  finding that: 
539         (a) The child named in the petition is or was a drug 
540  dependent newborn as described in s. 39.01(31)(32)(g); 
541         (b) The parent or parents of the child have voluntarily 
542  relinquished temporary custody of the child to a relative or 
543  other responsible adult; 
544         (c) The person named in the petition to be appointed the 
545  guardian advocate is capable of carrying out the duties as 
546  provided in s. 39.829; and 
547         (d) A petition to adjudicate the child dependent under this 
548  chapter has not been filed. 
549         Section 11. Paragraph (a) of subsection (3) of section 
550  381.0072, Florida Statutes, is amended to read: 
551         381.0072 Food service protection.—It shall be the duty of 
552  the Department of Health to adopt and enforce sanitation rules 
553  consistent with law to ensure the protection of the public from 
554  food-borne illness. These rules shall provide the standards and 
555  requirements for the storage, preparation, serving, or display 
556  of food in food service establishments as defined in this 
557  section and which are not permitted or licensed under chapter 
558  500 or chapter 509. 
559         (3) LICENSES REQUIRED.— 
560         (a) Licenses; annual renewals.—Each food service 
561  establishment regulated under this section shall obtain a 
562  license from the department annually. Food service establishment 
563  licenses shall expire annually and are not transferable from one 
564  place or individual to another. However, those facilities 
565  licensed by the department’s Office of Licensure and 
566  Certification, the Child Care Licensure Services Program Office, 
567  or the Agency for Persons with Disabilities are exempt from this 
568  subsection. It shall be a misdemeanor of the second degree, 
569  punishable as provided in s. 381.0061, s. 775.082, or s. 
570  775.083, for such an establishment to operate without this 
571  license. The department may refuse a license, or a renewal 
572  thereof, to any establishment that is not constructed or 
573  maintained in accordance with law and with the rules of the 
574  department. Annual application for renewal is not required. 
575         Section 12. Subsection (3) of section 394.47865, Florida 
576  Statutes, is amended to read: 
577         394.47865 South Florida State Hospital; privatization.— 
578         (3)(a) Current South Florida State Hospital employees who 
579  are affected by the privatization shall be given first 
580  preference for continued employment by the contractor. The 
581  department shall make reasonable efforts to find suitable job 
582  placements for employees who wish to remain within the state 
583  Career Service System. 
584         (b) Any savings that result from the privatization of South 
585  Florida State Hospital shall be directed to the department’s 
586  service districts 9, 10, and 11 for the delivery of community 
587  mental health services. 
588         Section 13. Subsection (2) of section 394.493, Florida 
589  Statutes, is amended to read: 
590         394.493 Target populations for child and adolescent mental 
591  health services funded through the department.— 
592         (2) Each mental health provider under contract with the 
593  department to provide mental health services to the target 
594  population shall collect fees from the parent or legal guardian 
595  of the child or adolescent receiving services. The fees shall be 
596  based on a sliding fee scale for families whose net family 
597  income is at or above 150 percent of the Federal Poverty Income 
598  Guidelines. The department shall adopt, by rule, a sliding fee 
599  scale for statewide implementation. Fees collected from families 
600  shall be retained in the circuit service district and used for 
601  expanding child and adolescent mental health treatment services. 
602         Section 14. Section 394.4985, Florida Statutes, is amended 
603  to read: 
604         394.4985 Circuitwide Districtwide information and referral 
605  network; implementation.— 
606         (1) Each circuit service district of the Department of 
607  Children and Families Family Services shall develop a detailed 
608  implementation plan for a circuitwide districtwide comprehensive 
609  child and adolescent mental health information and referral 
610  network to be operational by July 1, 1999. The plan must include 
611  an operating budget that demonstrates cost efficiencies and 
612  identifies funding sources for the circuit district information 
613  and referral network. The plan must be submitted by the 
614  department to the Legislature by October 1, 1998. The circuit 
615  district shall use existing circuit district information and 
616  referral providers if, in the development of the plan, it is 
617  concluded that these providers would deliver information and 
618  referral services in a more efficient and effective manner when 
619  compared to other alternatives. The circuit district information 
620  and referral network must include: 
621         (a) A resource file that contains information about the 
622  child and adolescent mental health services as described in s. 
623  394.495, including, but not limited to: 
624         1. Type of program; 
625         2. Hours of service; 
626         3. Ages of persons served; 
627         4. Program description; 
628         5. Eligibility requirements; and 
629         6. Fees. 
630         (b) Information about private providers and professionals 
631  in the community which serve children and adolescents with an 
632  emotional disturbance. 
633         (c) A system to document requests for services that are 
634  received through the network referral process, including, but 
635  not limited to: 
636         1. Number of calls by type of service requested; 
637         2. Ages of the children and adolescents for whom services 
638  are requested; and 
639         3. Type of referral made by the network. 
640         (d) The ability to share client information with the 
641  appropriate community agencies. 
642         (e) The submission of an annual report to the department, 
643  the Agency for Health Care Administration, and appropriate local 
644  government entities, which contains information about the 
645  sources and frequency of requests for information, types and 
646  frequency of services requested, and types and frequency of 
647  referrals made. 
648         (2) In planning the information and referral network, the 
649  circuit district shall consider the establishment of a 24-hour 
650  toll-free telephone number, staffed at all times, for parents 
651  and other persons to call for information that concerns child 
652  and adolescent mental health services and a community public 
653  service campaign to inform the public about information and 
654  referral services. 
655         Section 15. Subsection (12) of section 394.655, Florida 
656  Statutes, is amended to read: 
657         394.655 The Substance Abuse and Mental Health Corporation; 
658  powers and duties; composition; evaluation and reporting 
659  requirements.— 
660         (12) This section expires on October 1, 2015 2011, unless 
661  reviewed and reenacted by the Legislature before that date. 
662         Section 16. Subsections (2) through (6) of section 394.67, 
663  Florida Statutes, are renumbered as subsections (4) and (8), 
664  respectively, and present subsections (7) and (8) are renumbered 
665  as subsections (2) and (3), respectively, and amended to read: 
666         394.67 Definitions.—As used in this part, the term: 
667         (2)(7) “Circuit District administrator” means the person 
668  appointed by the Secretary of Children and Families Family 
669  Services for the purpose of administering a department circuit 
670  service district as set forth in s. 20.19. 
671         (3)(8) “Circuit District plan” or “plan” means the combined 
672  circuit district substance abuse and mental health plan approved 
673  by the circuit district administrator and governing bodies in 
674  accordance with this part. 
675         Section 17. Section 394.73, Florida Statutes, is amended to 
676  read: 
677         394.73 Joint alcohol, drug abuse, and mental health service 
678  programs in two or more counties.— 
679         (1) Subject to rules established by the department, any 
680  county within a circuit service district shall have the same 
681  power to contract for alcohol, drug abuse, and mental health 
682  services as the department has under existing statutes. 
683         (2) In order to carry out the intent of this part and to 
684  provide alcohol, drug abuse, and mental health services in 
685  accordance with the circuit district plan, the counties within a 
686  circuit service district may enter into agreements with each 
687  other for the establishment of joint service programs. The 
688  agreements may provide for the joint provision or operation of 
689  services and facilities or for the provision or operation of 
690  services and facilities by one participating county under 
691  contract with other participating counties. 
692         (3) When a circuit service district comprises two or more 
693  counties or portions thereof, it is the obligation of the 
694  planning council to submit to the governing bodies, prior to the 
695  budget submission date of each governing body, an estimate of 
696  the proportionate share of costs of alcohol, drug abuse, and 
697  mental health services proposed to be borne by each such 
698  governing body. 
699         (4) Any county desiring to withdraw from a joint program 
700  may submit to the circuit district administrator a resolution 
701  requesting withdrawal therefrom together with a plan for the 
702  equitable adjustment and division of the assets, property, 
703  debts, and obligations, if any, of the joint program. 
704         Section 18. Paragraph (a) of subsection (3) of section 
705  394.74, Florida Statutes, is amended to read: 
706         394.74 Contracts for provision of local substance abuse and 
707  mental health programs.— 
708         (3) Contracts shall include, but are not limited to: 
709         (a) A provision that, within the limits of available 
710  resources, substance abuse and mental health crisis services, as 
711  defined in s. 394.67(5)(3), shall be available to any individual 
712  residing or employed within the service area, regardless of 
713  ability to pay for such services, current or past health 
714  condition, or any other factor; 
715         Section 19. Subsection (10) of section 394.75, Florida 
716  Statutes, is amended to read: 
717         394.75 State and circuit district substance abuse and 
718  mental health plans.— 
719         (10) The circuit district administrator shall ensure that 
720  the circuit district plan: 
721         (a) Conforms to the priorities in the state plan, the 
722  requirements of this part, and the standards adopted under this 
723  part; 
724         (b) Ensures that the most effective and economical use will 
725  be made of available public and private substance abuse and 
726  mental health resources in the circuit service district; and 
727         (c) Has adequate provisions made for review and evaluation 
728  of the services provided in the circuit service district. 
729         Section 20. Subsection (2) of section 394.76, Florida 
730  Statutes, is amended to read: 
731         394.76 Financing of circuit district programs and 
732  services.—If the local match funding level is not provided in 
733  the General Appropriations Act or the substantive bill 
734  implementing the General Appropriations Act, such funding level 
735  shall be provided as follows: 
736         (2) If in any fiscal year the approved state appropriation 
737  is insufficient to finance the programs and services specified 
738  by this part, the department shall have the authority to 
739  determine the amount of state funds available to each circuit 
740  service district for such purposes in accordance with the 
741  priorities in both the state and circuit district plans. The 
742  circuit district administrator shall consult with the planning 
743  council to ensure that the summary operating budget conforms to 
744  the approved plan. 
745         Section 21. Subsection (5) of section 394.78, Florida 
746  Statutes, is amended to read: 
747         394.78 Operation and administration; personnel standards; 
748  procedures for audit and monitoring of service providers; 
749  resolution of disputes.— 
750         (5) In unresolved disputes regarding this part or rules 
751  established pursuant to this part, providers and district health 
752  and human services boards shall adhere to formal procedures 
753  specified under s. 20.19(8)(n). 
754         Section 22. Subsections (3) and (4) of section 394.82, 
755  Florida Statutes, are amended to read: 
756         394.82 Funding of expanded services.— 
757         (3) Each fiscal year, any funding increases for crisis 
758  services or community mental health services that are included 
759  in the General Appropriations Act shall be appropriated in a 
760  lump-sum category as defined in s. 216.011(1)(aa). In accordance 
761  with s. 216.181(6)(a), the Executive Office of the Governor 
762  shall require the Department of Children and Families Family 
763  Services to submit a spending plan for the use of funds 
764  appropriated for this purpose. The spending plan must include a 
765  schedule for phasing in the new community mental health services 
766  in each circuit service district of the department and must 
767  describe how the new services will be integrated and coordinated 
768  with all current community-based health and human services. 
769         (4) By January 1, 2004, the crisis services defined in s. 
770  394.67(5)(3) shall be implemented, as appropriate, in the 
771  state’s public community mental health system to serve children 
772  and adults who are experiencing an acute mental or emotional 
773  crisis, as defined in s. 394.67(17). By January 1, 2006, the 
774  mental health services defined in s. 394.67(15) shall be 
775  implemented, as appropriate, in the state’s public community 
776  mental health system to serve adults and older adults who have a 
777  severe and persistent mental illness and to serve children who 
778  have a serious emotional disturbance or mental illness, as 
779  defined in s. 394.492(6). 
780         Section 23. Subsection (1) of section 394.9084, Florida 
781  Statutes, is amended to read: 
782         394.9084 Florida Self-Directed Care program.— 
783         (1) The Department of Children and Families Family 
784  Services, in cooperation with the Agency for Health Care 
785  Administration, may provide a client-directed and choice-based 
786  Florida Self-Directed Care program in all department circuits 
787  service districts, in addition to the pilot projects established 
788  in district 4 and district 8, to provide mental health treatment 
789  and support services to adults who have a serious mental 
790  illness. The department may also develop and implement a client 
791  directed and choice-based pilot project in one circuit district 
792  to provide mental health treatment and support services for 
793  children with a serious emotional disturbance who live at home. 
794  If established, any staff who work with children must be 
795  screened under s. 435.04. The department shall implement a 
796  payment mechanism in which each client controls the money that 
797  is available for that client’s mental health treatment and 
798  support services. The department shall establish interagency 
799  cooperative agreements and work with the agency, the Division of 
800  Vocational Rehabilitation, and the Social Security 
801  Administration to implement and administer the Florida Self 
802  Directed Care program. 
803         Section 24. Subsection (1) of section 397.821, Florida 
804  Statutes, is amended to read: 
805         397.821 Juvenile substance abuse impairment prevention and 
806  early intervention councils.— 
807         (1) Each judicial circuit as set forth in s. 26.021 may 
808  establish a juvenile substance abuse impairment prevention and 
809  early intervention council composed of at least 12 members, 
810  including representatives from law enforcement, the department, 
811  school districts, state attorney and public defender offices, 
812  the circuit court, the religious community, substance abuse 
813  impairment professionals, child advocates from the community, 
814  business leaders, parents, and high school students. However, 
815  those circuits which already have in operation a council of 
816  similar composition may designate the existing body as the 
817  juvenile substance abuse impairment prevention and early 
818  intervention council for the purposes of this section. Each 
819  council shall establish bylaws providing for the length of term 
820  of its members, but the term may not exceed 4 years. The circuit 
821  substate entity administrator, as defined in s. 20.19, and the 
822  chief judge of the circuit court shall each appoint six members 
823  of the council. The circuit substate entity administrator shall 
824  appoint a representative from the department, a school district 
825  representative, a substance abuse impairment treatment 
826  professional, a child advocate, a parent, and a high school 
827  student. The chief judge of the circuit court shall appoint a 
828  business leader and representatives from the state attorney’s 
829  office, the public defender’s office, the religious community, 
830  the circuit court, and law enforcement agencies. 
831         Section 25. Subsection (1) of section 394.9135, Florida 
832  Statutes, is amended to read: 
833         394.9135 Immediate releases from total confinement; 
834  transfer of person to department; time limitations on 
835  assessment, notification, and filing petition to hold in 
836  custody; filing petition after release.— 
837         (1) If the anticipated release from total confinement of a 
838  person who has been convicted of a sexually violent offense 
839  becomes immediate for any reason, the agency with jurisdiction 
840  shall upon immediate release from total confinement transfer 
841  that person: 
842         (a) To the custody of United States Immigration and Customs 
843  Enforcement if a detainer order is in place for the person; or 
844         (b) To the custody of the Department of Children and 
845  Families Family Services to be held in an appropriate secure 
846  facility. 
847 
848  The department shall put into place a memorandum of 
849  understanding with United States Immigration and Customs 
850  Enforcement to ensure that if Immigration and Customs 
851  Enforcement is unable to deport the person for any reason, the 
852  person shall be immediately transferred back to the custody of 
853  the department for civil commitment and further proceedings 
854  under this section. 
855         Section 26. Subsection (1) of section 402.313, Florida 
856  Statutes, is amended to read: 
857         402.313 Family day care homes.— 
858         (1) Family day care homes shall be licensed under this act 
859  if they are presently being licensed under an existing county 
860  licensing ordinance, if they are participating in the subsidized 
861  child care program, or if the board of county commissioners 
862  passes a resolution that family day care homes be licensed. If 
863  no county authority exists for the licensing of a family day 
864  care home and the county passes a resolution requiring 
865  licensure, the department shall have the authority to license 
866  family day care homes under contract with the county for the 
867  purchase-of-service system in the subsidized child care program. 
868         (a) If not subject to license, family day care homes shall 
869  register annually with the department, providing the following 
870  information: 
871         1. The name and address of the home. 
872         2. The name of the operator. 
873         3. The number of children served. 
874         4. Proof of a written plan to provide at least one other 
875  competent adult to be available to substitute for the operator 
876  in an emergency. This plan shall include the name, address, and 
877  telephone number of the designated substitute. 
878         5. Proof of screening and background checks. 
879         6. Proof of successful completion of the 30-hour training 
880  course, as evidenced by passage of a competency examination, 
881  which shall include: 
882         a. State and local rules and regulations that govern child 
883  care. 
884         b. Health, safety, and nutrition. 
885         c. Identifying and reporting child abuse and neglect. 
886         d. Child development, including typical and atypical 
887  language development; and cognitive, motor, social, and self 
888  help skills development. 
889         e. Observation of developmental behaviors, including using 
890  a checklist or other similar observation tools and techniques to 
891  determine a child’s developmental level. 
892         f. Specialized areas, including early literacy and language 
893  development of children from birth to 5 years of age, as 
894  determined by the department, for owner-operators of family day 
895  care homes. 
896         7. Proof that immunization records are kept current. 
897         8. Proof of completion of the required continuing education 
898  units or clock hours. 
899         (b) A family day care home not participating in the 
900  subsidized child care program may volunteer to be licensed under 
901  the provisions of this act. 
902         (c) The department may provide technical assistance to 
903  counties and family day care home providers to enable counties 
904  and family day care providers to achieve compliance with family 
905  day care homes standards. 
906         Section 27. Subsection (2) of section 402.315, Florida 
907  Statutes, is amended to read: 
908         402.315 Funding; license fees.— 
909         (2) The county department shall bear the costs of the 
910  licensing of family day care homes when contracting with the 
911  department pursuant to s. 402.313(1) child care facilities when 
912  contracted to do so by a county or when directly responsible for 
913  licensing in a county which fails to meet or exceed state 
914  minimum standards. 
915         Section 28. Subsections (2), (3), and (7) of section 
916  402.40, Florida Statutes, are amended to read: 
917         402.40 Child welfare training.— 
918         (2) DEFINITIONS.—As used in this section, the term: 
919         (a) “Child welfare certification” means a professional 
920  credential awarded by the department or by a credentialing 
921  entity recognized by the department to individuals demonstrating 
922  core competency in any child welfare services practice area. 
923         (b) “Child welfare services” means any intake, protective 
924  investigations, preprotective services, protective services, 
925  foster care, shelter and group care, and adoption and related 
926  services program, including supportive services, supervision, 
927  and legal services, provided to children who are alleged to have 
928  been abused, abandoned, or neglected, or who are at risk of 
929  becoming, are alleged to be, or have been found dependent 
930  pursuant to chapter 39. 
931         (c) “Core competency” means the knowledge, skills, and 
932  abilities necessary to carry out work responsibilities. 
933         (d)(b) “Person providing child welfare services” means a 
934  person who has a responsibility for supervisory, legal, direct 
935  care or support related work in the provision of child welfare 
936  services pursuant to chapter 39. 
937         (3) CHILD WELFARE TRAINING PROGRAM.—The department shall 
938  establish a program for training pursuant to the provisions of 
939  this section, and all persons providing child welfare services 
940  shall be required to demonstrate core competency by earning and 
941  maintaining a department or third-party-awarded child welfare 
942  certification and participate in and successfully complete the 
943  program of training pertinent to their areas of responsibility. 
944         (7) CERTIFICATION AND TRAINER QUALIFICATIONS.—The 
945  department shall, in collaboration with the professionals and 
946  providers described in subsection (5), develop minimum standards 
947  for a certification process that ensures that participants have 
948  successfully attained the knowledge, skills, and abilities 
949  necessary to competently carry out their work responsibilities. 
950  The department shall recognize third-party certification for 
951  child welfare services staff which satisfies the core 
952  competencies and meets the certification requirements 
953  established in this section and shall develop minimum standards 
954  for trainer qualifications which must be required of training 
955  academies in the offering of the training curricula. Any person 
956  providing child welfare services shall be required to master the 
957  core competencies and hold an active child welfare certification 
958  components of the curriculum that is are particular to that 
959  person’s work responsibilities. 
960         Section 29. Subsection (2) of section 402.49, Florida 
961  Statutes, is amended to read: 
962         402.49 Mediation process established.— 
963         (2)(a) The department shall appoint at least one mediation 
964  panel in each of the department’s circuits service districts. 
965  Each panel shall have at least three and not more than five 
966  members and shall include a representative from the department, 
967  a representative of an agency that provides similar services to 
968  those provided by the agency that is a party to the dispute, and 
969  additional members who are mutually acceptable to the department 
970  and the agency that is a party to the dispute. Such additional 
971  members may include laypersons who are involved in advocacy 
972  organizations, members of boards of directors of agencies 
973  similar to the agency that is a party to the dispute, members of 
974  families of department clients, members of department planning 
975  councils in the area of services that are the subject of the 
976  dispute, and interested and informed members of the local 
977  community. 
978         (b) If the parties to the conflict agree, a mediation panel 
979  may hear a complaint that is filed outside of the panel’s 
980  circuit service district. 
981         Section 30. Subsection (3) of section 409.152, Florida 
982  Statutes, is amended to read: 
983         409.152 Service integration and family preservation.— 
984         (3) Each circuit service district of the department shall 
985  develop a family preservation service integration plan that 
986  identifies various programs that can be organized at the point 
987  of service delivery into a logical and cohesive family-centered 
988  services constellation. The plan shall include: 
989         (a) Goals and objectives for integrating services for 
990  families and avoiding barriers to service integration, 
991  procedures for centralized intake and assessment, a 
992  comprehensive service plan for each family, and an evaluation 
993  method of program outcome. 
994         (b) Recommendations for proposed changes to fiscal and 
995  substantive policies, regulations, and laws at local, circuit 
996  district, and state delivery levels, including budget and 
997  personnel policies; purchasing flexibility and workforce 
998  incentives; discretionary resources; and incentives to reduce 
999  dependency on government programs and services. 
1000         (c) Strategies for creating partnerships with the 
1001  community, clients, and consumers of services which establish, 
1002  maintain, and preserve family units. 
1003         Section 31. Subsection (8) of section 409.1671, Florida 
1004  Statutes, is amended to read: 
1005         409.1671 Foster care and related services; outsourcing.— 
1006         (8) Notwithstanding the provisions of s. 215.425, all 
1007  documented federal funds earned for the current fiscal year by 
1008  the department and community-based agencies which exceed the 
1009  amount appropriated by the Legislature shall be distributed to 
1010  all entities that contributed to the excess earnings based on a 
1011  schedule and methodology developed by the department and 
1012  approved by the Executive Office of the Governor. Distribution 
1013  shall be pro rata based on total earnings and shall be made only 
1014  to those entities that contributed to excess earnings. Excess 
1015  earnings of community-based agencies shall be used only in the 
1016  circuit service district in which they were earned. Additional 
1017  state funds appropriated by the Legislature for community-based 
1018  agencies or made available pursuant to the budgetary amendment 
1019  process described in s. 216.177 shall be transferred to the 
1020  community-based agencies. The department shall amend a 
1021  community-based agency’s contract to permit expenditure of the 
1022  funds. 
1023         Section 32. Paragraph (a) of subsection (4) of section 
1024  409.1755, Florida Statutes, is amended to read: 
1025         409.1755 One Church, One Child of Florida Corporation Act; 
1026  creation; duties.— 
1027         (4) BOARD OF DIRECTORS.— 
1028         (a) The One Church, One Child of Florida Corporation shall 
1029  operate subject to the supervision and approval of a board of 
1030  directors consisting of 23 members, with two directors 
1031  representing each circuit service district of the Department of 
1032  Children and Families Family Services and one director who shall 
1033  be an at-large member. 
1034         Section 33. Paragraph (a) of subsection (1) and subsection 
1035  (2) of section 410.0245, Florida Statutes, are amended to read: 
1036         410.0245 Study of service needs; report; multiyear plan.— 
1037         (1)(a) The Adult Protection Services Program Office of the 
1038  Department of Children and Families Family Services shall 
1039  contract for a study of the service needs of the 18-to-59-year 
1040  old disabled adult population served or waiting to be served by 
1041  the community care for disabled adults program. The Division of 
1042  Vocational Rehabilitation of the Department of Education and 
1043  other appropriate state agencies shall provide information to 
1044  the Department of Children and Families Family Services when 
1045  requested for the purposes of this study. 
1046         (2) Based on the findings of the study, the Adult 
1047  Protection Services Program of the Department of Children and 
1048  Families Family Services shall develop a multiyear plan which 
1049  shall provide for the needs of disabled adults in this state and 
1050  shall provide strategies for statewide coordination of all 
1051  services for disabled adults. The multiyear plan shall include 
1052  an inventory of existing services and an analysis of costs 
1053  associated with existing and projected services. The multiyear 
1054  plan shall be presented to the Governor, the President of the 
1055  Senate, and the Speaker of the House of Representatives every 3 
1056  years on or before March 1, beginning in 1992. On or before 
1057  March 1 of each intervening year, the department shall submit an 
1058  analysis of the status of the implementation of each element of 
1059  the multiyear plan, any continued unmet need, and the 
1060  relationship between that need and the department’s budget 
1061  request for that year. 
1062         Section 34. Subsections (1) and (2) of section 410.603, 
1063  Florida Statutes, are renumbered as subsections (2) and (3), 
1064  respectively, and present subsection (3) of that section is 
1065  renumbered as subsection (1) and amended to read: 
1066         410.603 Definitions relating to Community Care for Disabled 
1067  Adults Act.—As used in ss. 410.601-410.606: 
1068         (1)(3) “Circuit District” means a specified geographic 
1069  service area that conforms to the judicial circuits established 
1070  in s. 26.021, as defined in s. 20.19, in which the programs of 
1071  the department are administered and services are delivered. 
1072         Section 35. Subsection (2) of section 410.604, Florida 
1073  Statutes, is amended to read: 
1074         410.604 Community care for disabled adults program; powers 
1075  and duties of the department.— 
1076         (2) Any person who meets the definition of a disabled adult 
1077  pursuant to s. 410.603(3)(2) is eligible to receive the services 
1078  of the community care for disabled adults program. However, the 
1079  community care for disabled adults program shall operate within 
1080  the funds appropriated by the Legislature. Priority shall be 
1081  given to disabled adults who are not eligible for comparable 
1082  services in programs of or funded by the department or the 
1083  Division of Vocational Rehabilitation of the Department of 
1084  Education; who are determined to be at risk of 
1085  institutionalization; and whose income is at or below the 
1086  existing institutional care program eligibility standard. 
1087         Section 36. Section 411.224, Florida Statutes, is amended 
1088  to read: 
1089         411.224 Family support planning process.—The Legislature 
1090  establishes a family support planning process to be used by the 
1091  Department of Children and Families Family Services as the 
1092  service planning process for targeted individuals, children, and 
1093  families under its purview. 
1094         (1) The Department of Education shall take all appropriate 
1095  and necessary steps to encourage and facilitate the 
1096  implementation of the family support planning process for 
1097  individuals, children, and families within its purview. 
1098         (2) To the extent possible within existing resources, the 
1099  following populations must be included in the family support 
1100  planning process: 
1101         (a) Children from birth to age 5 who are served by the 
1102  clinic and programs of the Division of Children’s Medical 
1103  Services of the Department of Health. 
1104         (b) Children participating in the developmental evaluation 
1105  and intervention program of the Division of Children’s Medical 
1106  Services of the Department of Health. 
1107         (c) Children from age 3 through age 5 who are served by the 
1108  Agency for Persons with Disabilities. 
1109         (d) Children from birth through age 5 who are served by the 
1110  Mental Health Program Office of the Department of Children and 
1111  Families Family Services. 
1112         (e) Participants who are served by the Children’s Early 
1113  Investment Program established in s. 411.232. 
1114         (f) Healthy Start participants in need of ongoing service 
1115  coordination. 
1116         (g) Children from birth through age 5 who are served by the 
1117  voluntary family services, protective supervision, foster care, 
1118  or adoption and related services programs of the Child Care 
1119  Licensure Services Program Office of the Department of Children 
1120  and Families Family Services, and who are eligible for ongoing 
1121  services from one or more other programs or agencies that 
1122  participate in family support planning; however, children served 
1123  by the voluntary family services program, where the planned 
1124  length of intervention is 30 days or less, are excluded from 
1125  this population. 
1126         (3) When individuals included in the target population are 
1127  served by Head Start, local education agencies, or other 
1128  prevention and early intervention programs, providers must be 
1129  notified and efforts made to facilitate the concerned agency’s 
1130  participation in family support planning. 
1131         (4) Local education agencies are encouraged to use a family 
1132  support planning process for children from birth through 5 years 
1133  of age who are served by the prekindergarten program for 
1134  children with disabilities, in lieu of the Individual Education 
1135  Plan. 
1136         (5) There must be only a single-family support plan to 
1137  address the problems of the various family members unless the 
1138  family requests that an individual family support plan be 
1139  developed for different members of that family. The family 
1140  support plan must replace individual habilitation plans for 
1141  children from 3 through 5 years old who are served by the Agency 
1142  for Persons with Disabilities. 
1143         (6) The family support plan at a minimum must include the 
1144  following information: 
1145         (a) The family’s statement of family concerns, priorities, 
1146  and resources. 
1147         (b) Information related to the health, educational, 
1148  economic and social needs, and overall development of the 
1149  individual and the family. 
1150         (c) The outcomes that the plan is intended to achieve. 
1151         (d) Identification of the resources and services to achieve 
1152  each outcome projected in the plan. These resources and services 
1153  are to be provided based on availability and funding. 
1154         (7) A family support plan meeting must be held with the 
1155  family to initially develop the family support plan and annually 
1156  thereafter to update the plan as necessary. The family includes 
1157  anyone who has an integral role in the life of the individual or 
1158  child as identified by the individual or family. The family 
1159  support plan must be reviewed periodically during the year, at 
1160  least at 6-month intervals, to modify and update the plan as 
1161  needed. Such periodic reviews do not require a family support 
1162  plan team meeting but may be accomplished through other means 
1163  such as a case file review and telephone conference with the 
1164  family. 
1165         (8) The initial family support plan must be developed 
1166  within a 90-day period. If exceptional circumstances make it 
1167  impossible to complete the evaluation activities and to hold the 
1168  initial family support plan team meeting within a reasonable 
1169  time period, these circumstances must be documented, and the 
1170  individual or family must be notified of the reason for the 
1171  delay. With the agreement of the family and the provider, 
1172  services for which either the individual or the family is 
1173  eligible may be initiated before the completion of the 
1174  evaluation activities and the family support plan. 
1175         (9) The Department of Children and Families Family 
1176  Services, the Department of Health, and the Department of 
1177  Education, to the extent that funds are available, must offer 
1178  technical assistance to communities to facilitate the 
1179  implementation of the family support plan. 
1180         (10) The Department of Children and Families Family 
1181  Services, the Department of Health, and the Department of 
1182  Education shall adopt rules necessary to implement this act. 
1183         Section 37. Section 414.24, Florida Statutes, is amended to 
1184  read: 
1185         414.24 Integrated welfare reform and child welfare 
1186  services.—The department shall develop integrated service 
1187  delivery strategies to better meet the needs of families subject 
1188  to work activity requirements who are involved in the child 
1189  welfare system or are at high risk of involvement in the child 
1190  welfare system. To the extent that resources are available, the 
1191  department and the Department of Labor and Employment Security 
1192  shall provide funds to one or more circuits service districts to 
1193  promote development of integrated, nonduplicative case 
1194  management within the department, the Department of Labor and 
1195  Employment Security, other participating government agencies, 
1196  and community partners. Alternative delivery systems shall be 
1197  encouraged which include well-defined, pertinent outcome 
1198  measures. Other factors to be considered shall include 
1199  innovation regarding training, enhancement of existing 
1200  resources, and increased private sector and business sector 
1201  participation. 
1202         Section 38. Subsection (8) of section 415.1113, Florida 
1203  Statutes, is amended to read: 
1204         415.1113 Administrative fines for false report of abuse, 
1205  neglect, or exploitation of a vulnerable adult.— 
1206         (8) All amounts collected under this section must be 
1207  deposited into the Operations and Maintenance Trust Fund within 
1208  the Adult Protection Services Program of the department. 
1209         Section 39. Subsections (1) through (3) of section 420.621, 
1210  Florida Statutes, are renumbered as subsections (2) through (4), 
1211  respectively, and present subsection (4) of that section is 
1212  renumbered as subsection (1) and amended to read: 
1213         420.621 Definitions.—As used in ss. 420.621-420.628, the 
1214  term: 
1215         (1)(4) “Circuit District” means a specified geographic 
1216  service area that conforms to the judicial circuits established 
1217  in s. 26.021 service district of the department, as set forth in 
1218  s. 20.19. 
1219         Section 40. Subsection (1) of section 420.622, Florida 
1220  Statutes, is amended to read: 
1221         420.622 State Office on Homelessness; Council on 
1222  Homelessness.— 
1223         (1) The State Office on Homelessness is created within the 
1224  Department of Children and Families Family Services to provide 
1225  interagency, council, and other related coordination on issues 
1226  relating to homelessness. An executive director of the office 
1227  shall be appointed by the Governor. 
1228         Section 41. Subsection (4) of section 420.623, Florida 
1229  Statutes, is amended to read: 
1230         420.623 Local coalitions for the homeless.— 
1231         (4) ANNUAL REPORTS.—The department shall submit to the 
1232  Governor, the Speaker of the House of Representatives, and the 
1233  President of the Senate, by June 30, an annual report consisting 
1234  of a compilation of data collected by local coalitions, progress 
1235  made in the development and implementation of local homeless 
1236  assistance continuums of care plans in each circuit district, 
1237  local spending plans, programs and resources available at the 
1238  local level, and recommendations for programs and funding. 
1239         Section 42. Subsections (4) through (8) of section 420.625, 
1240  Florida Statutes, are amended to read: 
1241         420.625 Grant-in-aid program.— 
1242         (4) APPLICATION PROCEDURE.—Local agencies shall submit an 
1243  application for grant-in-aid funds to the circuit district 
1244  administrator for review. During the first year of 
1245  implementation, circuit district administrators shall begin to 
1246  accept applications for circuit district funds no later than 
1247  October 1, 1988, and by August 1 of each year thereafter for 
1248  which funding for this section is provided. Circuit District 
1249  funds shall be made available to local agencies no more than 30 
1250  days after the deadline date for applications for each funding 
1251  cycle. 
1252         (5) SPENDING PLANS.—The department shall develop guidelines 
1253  for the development of spending plans and for the evaluation and 
1254  approval by circuit district administrators of spending plans, 
1255  based upon such factors as: 
1256         (a) The demonstrated level of need for the program. 
1257         (b) The demonstrated ability of the local agency or 
1258  agencies seeking assistance to deliver the services and to 
1259  assure that identified needs will be met. 
1260         (c) The ability of the local agency or agencies seeking 
1261  assistance to deliver a wide range of services as enumerated in 
1262  subsection (3). 
1263         (d) The adequacy and reasonableness of proposed budgets and 
1264  planned expenditures, and the demonstrated capacity of the local 
1265  agency or agencies to administer the funds sought. 
1266         (e) A statement from the local coalition for the homeless 
1267  as to the steps to be taken to assure coordination and 
1268  integration of services in the circuit district to avoid 
1269  unnecessary duplication and costs. 
1270         (f) Assurances by the local coalition for the homeless that 
1271  alternative funding strategies for meeting needs through the 
1272  reallocation of existing resources, utilization of volunteers, 
1273  and local government or private agency funding have been 
1274  explored. 
1275         (g) The existence of an evaluation component designed to 
1276  measure program outcomes and determine the overall effectiveness 
1277  of the local programs for the homeless for which funding is 
1278  sought. 
1279         (6) ALLOCATION OF GRANT FUNDS TO CIRCUITS DISTRICTS.—State 
1280  grant-in-aid funds for local initiatives for the homeless shall 
1281  be allocated by the department to, and administered by, 
1282  department circuits districts. Allocations shall be based upon 
1283  sufficient documentation of: 
1284         (a) The magnitude of the problem of homelessness in the 
1285  circuit district, and the demonstrated level of unmet need for 
1286  services in the circuit district for those who are homeless or 
1287  are about to become homeless. 
1288         (b) A strong local commitment to seriously address the 
1289  problem of homelessness as evidenced by coordinated programs 
1290  involving preventive, emergency, and transitional services and 
1291  by the existence of active local organizations committed to 
1292  serving those who have become, or are about to become, homeless. 
1293         (c) Agreement by local government and private agencies 
1294  currently serving the homeless not to reduce current 
1295  expenditures for services presently provided to those who are 
1296  homeless or are about to become homeless if grant assistance is 
1297  provided pursuant to this section. 
1298         (d) Geographic distribution of circuit district programs to 
1299  ensure that such programs serve both rural and urban areas, as 
1300  needed. 
1301         (7) DISTRIBUTION TO LOCAL AGENCIES.—Circuit District funds 
1302  so allocated shall be available for distribution by the circuit 
1303  district administrator to local agencies to fund programs such 
1304  as those set forth in subsection (3), based upon the 
1305  recommendations of the local coalitions in accordance with 
1306  spending plans developed by the coalitions and approved by the 
1307  circuit district administrator. Not more than 10 percent of the 
1308  total state funds awarded under a spending plan may be used by 
1309  the local coalition for staffing and administration. 
1310         (8) LOCAL MATCHING FUNDS.—Entities contracting to provide 
1311  services through financial assistance obtained under this 
1312  section shall provide a minimum of 25 percent of the funding 
1313  necessary for the support of project operations. In-kind 
1314  contributions, whether materials, commodities, transportation, 
1315  office space, other types of facilities, or personal services, 
1316  and contributions of money or services from homeless persons may 
1317  be evaluated and counted as part or all of this required local 
1318  funding, in the discretion of the circuit district 
1319  administrator. 
1320         Section 43. Subsection (2) of section 429.35, Florida 
1321  Statutes, is amended to read: 
1322         429.35 Maintenance of records; reports.— 
1323         (2) Within 60 days after the date of the biennial 
1324  inspection visit required under s. 408.811 or within 30 days 
1325  after the date of any interim visit, the agency shall forward 
1326  the results of the inspection to the local ombudsman council in 
1327  whose planning and service area, as defined in part II of 
1328  chapter 400, the facility is located; to at least one public 
1329  library or, in the absence of a public library, the county seat 
1330  in the county in which the inspected assisted living facility is 
1331  located; and, when appropriate, to the circuit district Adult 
1332  Protection Services and Mental Health Program Offices. 
1333         Section 44. Paragraph (d) of subsection (3) of section 
1334  1002.67, Florida Statutes, is amended to read: 
1335         1002.67 Performance standards; curricula and 
1336  accountability.— 
1337         (3) 
1338         (d) Each early learning coalition, the Agency for Workforce 
1339  Innovation, and the department shall coordinate with the Child 
1340  Care Licensure Services Program Office of the Department of 
1341  Children and Families Family Services to minimize interagency 
1342  duplication of activities for monitoring private prekindergarten 
1343  providers for compliance with requirements of the Voluntary 
1344  Prekindergarten Education Program under this part, the school 
1345  readiness programs under s. 411.01, and the licensing of 
1346  providers under ss. 402.301-402.319. 
1347         Section 45. Sections 39.311, 39.312, 39.313, 39.314, 
1348  39.315, 39.316, 39.317, 39.318, 394.9083, and 402.35, Florida 
1349  Statutes, are repealed. 
1350         Section 46. The Division of Statutory Revision of the Joint 
1351  Legislative Management Committee is directed to prepare a 
1352  reviser’s bill for introduction at a subsequent session of the 
1353  Legislature to change the term “Department of Children and 
1354  Family Services” to “Department of Children and Families,” the 
1355  term “Secretary of Children and Family Services” to “Secretary 
1356  of Children and Families,” and the term “district administrator” 
1357  to “circuit administrator,” as that term relates to the 
1358  responsibilities of the Department of Children and Families, 
1359  wherever that term appears in the Florida Statutes. 
1360         Section 47. The Agency for Persons with Disabilities is 
1361  directed to prepare a plan that will enable it to perform all of 
1362  its own administrative and operational functions separate from 
1363  the Department of Children and Family Services by July 1, 2015. 
1364  The plan must identify resource requirements and a timeframe for 
1365  completing the transfer of responsibilities from the Department 
1366  of Children and Family Services, including submittal of a 
1367  detailed justification for each position the agency estimates it 
1368  would need to become administratively self-sufficient; an 
1369  analysis of each function to determine if the Department of 
1370  Children and Family Services could provide the service more 
1371  efficiently on a reimbursed cost basis through an interagency 
1372  agreement; and an estimate of the costs and benefits to be 
1373  derived through the separation. The Department of Children and 
1374  Family Services is directed to cooperate with the agency in 
1375  preparing the plan. The plan shall be presented to the Speaker 
1376  of the House of Representatives, the President of the Senate, 
1377  and the appropriate substantive committees by January 15, 2011. 
1378         Section 48. The Department of Children and Families, 
1379  through its Office of General Counsel and in consultation with 
1380  its contracted legal services providers and lead agency 
1381  administrators, shall define the types of legal services 
1382  associated with dependency proceedings. These legal services 
1383  include, but are not limited to, service of process, court 
1384  reporter and transcription services, expert witnesses, and legal 
1385  publication. The department shall delineate the specific costs 
1386  each lead agency will pay for those defined legal services, and 
1387  by contract amendment, modify lead agency funding amounts to 
1388  shift funding and responsibility for those costs to the 
1389  department through its Office of General Counsel. 
1390         Section 49. The Department of Children and Families is 
1391  directed to establish a procedure to assist undocumented aliens 
1392  forensically committed in mental health institutions as not 
1393  guilty by reason of insanity or civilly committed under the 
1394  Baker Act to return to their country of origin. The procedure 
1395  should include guidelines to identify appropriate candidates and 
1396  a process to facilitate their voluntary repatriation. 
1397         Section 50. The Department of Children and Families is 
1398  directed to institute a program, modeled on the Department of 
1399  Corrections’ Institutional Hearing Program, to improve 
1400  coordination with United States Immigration and Customs 
1401  Enforcement to identify undocumented aliens in mental health 
1402  institutions for whom removal may be appropriate. The program 
1403  should allow undocumented aliens of any commitment status in 
1404  state mental health treatment facilities to be identified and 
1405  the removal process initiated early in their commitment. 
1406         Section 51. This act shall take effect July 1, 2010.
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Bill Text: FL S0724 | 2010 | Regular Session | Comm Sub

Florida Senate Bill 724 (Prior Session Legislation)

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