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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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Florida Senate - 2010                CS for CS for CS for SB 724 
 
By the Committees on Health and Human Services Appropriations; 
Governmental Oversight and Accountability; and Children, 
Families, and Elder Affairs; and Senator Storms 
603-04866-10                                           2010724c3 
1 
2                        A bill to be entitled 
3         An act relating to a review of the Department of 
4         Children and Family Services under the Florida 
5         Government Accountability Act; reenacting and amending 
6         s. 20.19, F.S., relating to the establishment of the 
7         department; changing the name of the Department of 
8         Children and Family Services to the Department of 
9         Children and Families; revising provisions relating to 
10         the establishment and structure of, and services 
11         provided by, the department; providing for operating 
12         units called circuits that conform to the geographic 
13         boundaries of judicial circuits; providing for the 
14         establishment of and requirements for membership and 
15         participation in community alliances and community 
16         partnerships; amending s. 20.04, F.S.; authorizing the 
17         department to establish circuits or regions headed by 
18         circuit administrators or region directors and 
19         deleting a requirement for statutory enactment for 
20         additional divisions or offices in the department; 
21         amending s. 20.43, F.S.; revising provisions relating 
22         to service area boundaries; amending s. 394.47865, 
23         F.S.; deleting obsolete provisions relating to the 
24         privatization of South Florida State Hospital; 
25         amending s. 394.78, F.S.; deleting an obsolete 
26         provision relating to dispute resolution; amending s. 
27         394.9135, F.S.; requiring the transfer of certain 
28         sexually violent offenders to the custody of the 
29         United States Immigration and Customs Enforcement; 
30         requiring that the department put into place a 
31         memorandum of understanding for retaining custody of 
32         such an offender under certain circumstances; amending 
33         s. 402.313, F.S.; revising licensure requirements for 
34         family day care homes; amending s. 402.315, F.S.; 
35         requiring the county, rather than the department, to 
36         bear the costs of licensing family day care homes, 
37         under certain circumstances; amending s. 402.40, F.S.; 
38         defining the terms “child welfare certification” and 
39         “core competency”; requiring that professionals 
40         providing child welfare services demonstrate core 
41         competency; requiring that the department recognize 
42         certain certifications; requiring that certain persons 
43         hold active certification; amending s. 409.1671, F.S.; 
44         revising provisions relating to lead agencies; 
45         requiring the department to annually evaluate each 
46         agency; conforming provision to changes made by the 
47         act; amending s. 409.1755, F.S.; decreasing the 
48         membership of the One Church, One Child of Florida 
49         Corporation, to conform to changes made by the act; 
50         amending s. 420.621, F.S.; revising the definition of 
51         the term “district” to conform to changes made by the 
52         act; amending s. 420.622, F.S.; deleting a requirement 
53         for the Governor to appoint the executive director of 
54         the State Office of Homelessness; conforming a 
55         provision; amending ss. 20.195, 39.01, 39.0121, 
56         39.301, 39.302, 39.303, 39.806, 39.828, 49.011, 
57         381.0072, 394.493, 394.4985, 394.67, 394.73, 394.74, 
58         394.75, 394.76, 394.82, 394.9084, 397.821, 402.49, 
59         409.152, 409.1685, 410.0245, 410.603, 410.604, 
60         411.224, 414.24, 415.1113, 420.623, 420.625, 429.35, 
61         and 1002.67, F.S.; revising provisions to conform to 
62         changes made by the act; correcting cross-references; 
63         repealing ss. 39.311, 39.312, 39.313, 39.314, 39.315, 
64         39.316, 39.317, and 39.318, F.S., relating to the 
65         Family Builders Program; repealing s. 394.9083, F.S., 
66         relating to the Behavioral Health Services Integration 
67         Workgroup; repealing s. 402.35, F.S., which provides 
68         for department employees to be governed by Department 
69         of Management Services rules; directing the Division 
70         of Statutory Revision to prepare a reviser’s bill; 
71         requiring the Agency for Persons with Disabilities to 
72         prepare a plan to perform its own administrative and 
73         operational functions separate from the department; 
74         directing the department to define legal services 
75         associated with dependency proceeding and modify lead 
76         agency funding; directing the department to establish 
77         a procedure for assisting certain undocumented aliens 
78         in returning to their country of origin; directing the 
79         department to institute a program for identifying 
80         undocumented aliens in mental health institutions who 
81         may be appropriate candidates for removal; providing 
82         an effective date. 
83 
84  Be It Enacted by the Legislature of the State of Florida: 
85 
86         Section 1. Section 20.19, Florida Statutes, is reenacted 
87  and amended to read: 
88         (Substantial rewording of section. See 
89         s. 20.19, F.S., for present text.) 
90         20.19 Department of Children and Families.—There is created 
91  a Department of Children and Families. 
92         (1) MISSION AND PLAN.— 
93         (a) The mission of the Department of Children and Families 
94  is to work in partnership with local communities to ensure the 
95  safety, well-being, and self-sufficiency of the people served. 
96         (b) The department shall develop a strategic plan for 
97  fulfilling its mission and establish a set of measurable goals, 
98  objectives, performance standards, and quality assurance 
99  requirements to ensure that the department is accountable to the 
100  people of Florida. 
101         (c) To the extent allowed by law and within specific 
102  appropriations, the department shall deliver services by 
103  contract through private providers. 
104         (2) SECRETARY OF CHILDREN AND FAMILIES.— 
105         (a) The head of the department is the Secretary of Children 
106  and Families. The Governor shall appoint the secretary, who is 
107  subject to confirmation by the Senate. The secretary serves at 
108  the pleasure of the Governor. 
109         (b) The secretary is responsible for planning, 
110  coordinating, and managing the delivery of all services that are 
111  the responsibility of the department. 
112         (c) The secretary shall appoint a deputy secretary who 
113  shall act in the absence of the secretary. The deputy secretary 
114  is directly responsible to the secretary, performs such duties 
115  as are assigned by the secretary, and serves at the pleasure of 
116  the secretary. 
117         (d) The secretary shall appoint an Assistant Secretary for 
118  Substance Abuse and Mental Health and may establish assistant 
119  secretary positions as necessary to administer the requirements 
120  of this section. All persons appointed to such positions shall 
121  serve at the pleasure of the secretary. The department shall 
122  integrate substance abuse and mental health programs into the 
123  overall structure and priorities of the department. 
124         (3) SERVICES PROVIDED.— 
125         (a) The department shall establish the following program 
126  offices, each of which shall be headed by a program director who 
127  shall be appointed by and serve at the pleasure of the 
128  secretary: 
129         1. Adult protection. 
130         2. Child care licensure. 
131         3. Domestic violence. 
132         4. Economic self-sufficiency. 
133         5. Family safety. 
134         6. Mental health. 
135         7. Refugee services. 
136         8. Substance abuse. 
137         9. Homelessness. 
138         (b) The secretary may appoint additional directors as 
139  necessary for the effective management of the program services 
140  provided by the department. 
141         (4) OPERATING UNITS.— 
142         (a) The department shall plan and administer its program 
143  services through operating units called “circuits” that conform 
144  to the geographic boundaries of the judicial circuits 
145  established in s. 26.021. The department may also establish one 
146  or more regions consisting of one or more circuits. A region 
147  shall provide administrative, management, and infrastructure 
148  support to the circuits operating within the region. The region 
149  shall consolidate support functions to provide the most 
150  efficient use of resources to support the circuits operating 
151  within the region. 
152         (b) The secretary may appoint a circuit administrator for 
153  each circuit and a region director for each region who shall 
154  serve at the pleasure of the secretary and shall perform such 
155  duties as are assigned by the secretary. 
156         (5) COMMUNITY ALLIANCES AND PARTNERSHIPS; ADVISORY GROUPS. 
157  The department may, or at the request of a county government 
158  shall, establish in each circuit one or more community alliances 
159  or community partnerships. The purpose of a community alliance 
160  or community partnership is to provide a focal point for 
161  community participation and the governance of community-based 
162  services. The membership of a community alliance or community 
163  partnership shall represent the diversity of a community and 
164  consist of stakeholders, community leaders, client 
165  representatives, and entities that fund human services. The 
166  secretary may also establish advisory groups at the state level 
167  as necessary to ensure and enhance communication and provide 
168  liaison with stakeholders, community leaders, and client 
169  representatives. 
170         (a) The duties of a community alliance or community 
171  partnership may include, but are not limited to: 
172         1. Participating in joint planning for the effective use of 
173  resources in the community, including resources appropriated to 
174  the department, and any funds that local funding sources choose 
175  to provide. 
176         2. Performing a needs assessment and establishing community 
177  priorities for service delivery. 
178         3. Determining community outcome goals to supplement state 
179  required outcomes. 
180         4. Serving as a catalyst for community resource 
181  development. 
182         5. Providing for community education and advocacy on issues 
183  related to service delivery. 
184         6. Promoting prevention and early intervention services. 
185         (b) If one or more community alliances or community 
186  partnerships are established in a circuit, the department shall 
187  ensure, to the greatest extent possible, that the formation of 
188  each alliance or partnership builds on the strengths of the 
189  existing community human services infrastructure. 
190         (c) Members of community alliances, community partnerships, 
191  and advisory groups shall serve without compensation, but are 
192  entitled to reimbursement for per diem and travel expenses in 
193  accordance with s. 112.061. The department may also authorize 
194  payment for preapproved child care expenses or lost wages for 
195  members who are consumers of services provided by the 
196  department. 
197         (d) Members of community alliances, community partnerships, 
198  and advisory groups are subject to part III of chapter 112, the 
199  Code of Ethics for Public Officers and Employees. 
200         (e) Actions taken by community alliances, community 
201  partnerships, and advisory groups must be consistent with 
202  department policy and state and federal laws, rules, and 
203  regulations. 
204         (f) Each member of a community alliance or community 
205  partnership must submit annually to the inspector general of the 
206  department a disclosure statement of any interest in services 
207  provided by the department. Any member who has an interest in a 
208  matter under consideration by the community alliance, community 
209  partnership, or advisory group must abstain from voting on that 
210  matter. 
211         (g) All meetings of community alliances, community 
212  partnerships, and advisory groups are open to the public 
213  pursuant to s. 286.011 and are subject to the public-records 
214  provisions of s. 119.07(1). 
215         (6) CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.—It is 
216  the intent of the Legislature that when county governments are 
217  required by law to participate in the funding of programs 
218  serviced by the department, the department shall consult with 
219  designated representatives of county governments in developing 
220  policies and service delivery plans for those programs. 
221         Section 2. Subsection (4) and paragraph (b) of subsection 
222  (7) of section 20.04, Florida Statutes, are amended to read: 
223         20.04 Structure of executive branch.—The executive branch 
224  of state government is structured as follows: 
225         (4) Within the Department of Children and Families Family 
226  Services there are organizational units called “program 
227  offices,” headed by program directors, and operating units 
228  called “circuits,” headed by circuit administrators. In 
229  addition, there may be “regions,” headed by region directors. 
230         (7) 
231         (b) Within the limitations of this subsection, the head of 
232  the department may recommend the establishment of additional 
233  divisions, bureaus, sections, and subsections of the department 
234  to promote efficient and effective operation of the department. 
235  However, additional divisions, or offices in the Department of 
236  Children and Family Services, the Department of Corrections, and 
237  the Department of Transportation, may be established only by 
238  specific statutory enactment. New bureaus, sections, and 
239  subsections of departments may be initiated by a department and 
240  established as recommended by the Department of Management 
241  Services and approved by the Executive Office of the Governor, 
242  or may be established by specific statutory enactment. 
243         Section 3. Paragraph (a) of subsection (4) of section 
244  20.195, Florida Statutes, is amended to read: 
245         20.195 Department of Children and Family Services; trust 
246  funds.—The following trust funds shall be administered by the 
247  Department of Children and Family Services: 
248         (4) Domestic Violence Trust Fund. 
249         (a) Funds to be credited to and uses of the trust fund 
250  shall be administered in accordance with the provisions of s. 
251  28.101, part XII XIII of chapter 39, and chapter 741. 
252         Section 4. Subsection (5) of section 20.43, Florida 
253  Statutes, is amended to read: 
254         20.43 Department of Health.—There is created a Department 
255  of Health. 
256         (5) The department shall plan and administer its public 
257  health programs through its county health departments and may, 
258  for administrative purposes and efficient service delivery, 
259  establish up to 15 service areas to carry out such duties as may 
260  be prescribed by the State Surgeon General. The boundaries of 
261  the service areas shall be the same as, or combinations of, the 
262  service districts of the Department of Children and Family 
263  Services established in s. 20.19 and, to the extent practicable, 
264  shall take into consideration the boundaries of the jobs and 
265  education regional boards. 
266         Section 5. Subsections (18) through (76) of section 39.01, 
267  Florida Statutes, are renumbered as subsections (19) through 
268  (75), respectively, subsection (10) is amended, present 
269  subsection (26) is repealed, and present subsection (27) of that 
270  section is renumbered as subsection (18) and amended, to read: 
271         39.01 Definitions.—When used in this chapter, unless the 
272  context otherwise requires: 
273         (10) “Caregiver” means the parent, legal custodian, 
274  permanent guardian, adult household member, or other person 
275  responsible for a child’s welfare as defined in subsection (46) 
276  (47). 
277         (26) “District” means any one of the 15 service districts 
278  of the department established pursuant to s. 20.19. 
279         (18)(27) “Circuit District administrator” means the chief 
280  operating officer of each circuit service district of the 
281  department as defined in s. 20.19(5) and, where appropriate, 
282  includes any district administrator whose service district falls 
283  within the boundaries of a judicial circuit. 
284         Section 6. Subsection (10) of section 39.0121, Florida 
285  Statutes, is amended to read: 
286         39.0121 Specific rulemaking authority.—Pursuant to the 
287  requirements of s. 120.536, the department is specifically 
288  authorized to adopt, amend, and repeal administrative rules 
289  which implement or interpret law or policy, or describe the 
290  procedure and practice requirements necessary to implement this 
291  chapter, including, but not limited to, the following: 
292         (10) The Family Builders Program, the Intensive Crisis 
293  Counseling Program, and any other early intervention programs 
294  and kinship care assistance programs. 
295         Section 7. Paragraph (a) of subsection (15) of section 
296  39.301, Florida Statutes, is amended to read: 
297         39.301 Initiation of protective investigations.— 
298         (15)(a) If the department or its agent determines that a 
299  child requires immediate or long-term protection through: 
300         1. Medical or other health care; or 
301         2. Homemaker care, day care, protective supervision, or 
302  other services to stabilize the home environment, including 
303  intensive family preservation services through the Family 
304  Builders Program or the Intensive Crisis Counseling Program, or 
305  both, 
306 
307  such services shall first be offered for voluntary acceptance 
308  unless there are high-risk factors that may impact the ability 
309  of the parents or legal custodians to exercise judgment. Such 
310  factors may include the parents’ or legal custodians’ young age 
311  or history of substance abuse or domestic violence. 
312         Section 8. Subsection (1) of section 39.302, Florida 
313  Statutes, is amended to read: 
314         39.302 Protective investigations of institutional child 
315  abuse, abandonment, or neglect.— 
316         (1) The department shall conduct a child protective 
317  investigation of each report of institutional child abuse, 
318  abandonment, or neglect. Upon receipt of a report that alleges 
319  that an employee or agent of the department, or any other entity 
320  or person covered by s. 39.01(32)(33) or (46)(47), acting in an 
321  official capacity, has committed an act of child abuse, 
322  abandonment, or neglect, the department shall initiate a child 
323  protective investigation within the timeframe established under 
324  s. 39.201(5) and orally notify the appropriate state attorney, 
325  law enforcement agency, and licensing agency, which shall 
326  immediately conduct a joint investigation, unless independent 
327  investigations are more feasible. When conducting investigations 
328  onsite or having face-to-face interviews with the child, 
329  investigation visits shall be unannounced unless it is 
330  determined by the department or its agent that unannounced 
331  visits threaten the safety of the child. If a facility is exempt 
332  from licensing, the department shall inform the owner or 
333  operator of the facility of the report. Each agency conducting a 
334  joint investigation is entitled to full access to the 
335  information gathered by the department in the course of the 
336  investigation. A protective investigation must include an onsite 
337  visit of the child’s place of residence. The department shall 
338  make a full written report to the state attorney within 3 
339  working days after making the oral report. A criminal 
340  investigation shall be coordinated, whenever possible, with the 
341  child protective investigation of the department. Any interested 
342  person who has information regarding the offenses described in 
343  this subsection may forward a statement to the state attorney as 
344  to whether prosecution is warranted and appropriate. Within 15 
345  days after the completion of the investigation, the state 
346  attorney shall report the findings to the department and shall 
347  include in the report a determination of whether or not 
348  prosecution is justified and appropriate in view of the 
349  circumstances of the specific case. 
350         Section 9. Section 39.303, Florida Statutes, is amended to 
351  read: 
352         39.303 Child protection teams; services; eligible cases. 
353  The Children’s Medical Services Program in the Department of 
354  Health shall develop, maintain, and coordinate the services of 
355  one or more multidisciplinary child protection teams in each of 
356  the circuits service districts of the Department of Children and 
357  Families Family Services. Such teams may be composed of 
358  appropriate representatives of school districts and appropriate 
359  health, mental health, social service, legal service, and law 
360  enforcement agencies. The Legislature finds that optimal 
361  coordination of child protection teams and sexual abuse 
362  treatment programs requires collaboration between the Department 
363  of Health and the Department of Children and Families Family 
364  Services. The two departments shall maintain an interagency 
365  agreement that establishes protocols for oversight and 
366  operations of child protection teams and sexual abuse treatment 
367  programs. The State Surgeon General and the Deputy Secretary for 
368  Children’s Medical Services, in consultation with the Secretary 
369  of Children and Families Family Services, shall maintain the 
370  responsibility for the screening, employment, and, if necessary, 
371  the termination of child protection team medical directors, at 
372  headquarters and in the circuits 15 districts. Child protection 
373  team medical directors shall be responsible for oversight of the 
374  teams in the circuits districts. 
375         (1) The Department of Health shall utilize and convene the 
376  teams to supplement the assessment and protective supervision 
377  activities of the family safety and preservation program of the 
378  Department of Children and Families Family Services. Nothing in 
379  this section shall be construed to remove or reduce the duty and 
380  responsibility of any person to report pursuant to this chapter 
381  all suspected or actual cases of child abuse, abandonment, or 
382  neglect or sexual abuse of a child. The role of the teams shall 
383  be to support activities of the program and to provide services 
384  deemed by the teams to be necessary and appropriate to abused, 
385  abandoned, and neglected children upon referral. The specialized 
386  diagnostic assessment, evaluation, coordination, consultation, 
387  and other supportive services that a child protection team shall 
388  be capable of providing include, but are not limited to, the 
389  following: 
390         (a) Medical diagnosis and evaluation services, including 
391  provision or interpretation of X rays and laboratory tests, and 
392  related services, as needed, and documentation of findings 
393  relative thereto. 
394         (b) Telephone consultation services in emergencies and in 
395  other situations. 
396         (c) Medical evaluation related to abuse, abandonment, or 
397  neglect, as defined by policy or rule of the Department of 
398  Health. 
399         (d) Such psychological and psychiatric diagnosis and 
400  evaluation services for the child or the child’s parent or 
401  parents, legal custodian or custodians, or other caregivers, or 
402  any other individual involved in a child abuse, abandonment, or 
403  neglect case, as the team may determine to be needed. 
404         (e) Expert medical, psychological, and related professional 
405  testimony in court cases. 
406         (f) Case staffings to develop treatment plans for children 
407  whose cases have been referred to the team. A child protection 
408  team may provide consultation with respect to a child who is 
409  alleged or is shown to be abused, abandoned, or neglected, which 
410  consultation shall be provided at the request of a 
411  representative of the family safety and preservation program or 
412  at the request of any other professional involved with a child 
413  or the child’s parent or parents, legal custodian or custodians, 
414  or other caregivers. In every such child protection team case 
415  staffing, consultation, or staff activity involving a child, a 
416  family safety and preservation program representative shall 
417  attend and participate. 
418         (g) Case service coordination and assistance, including the 
419  location of services available from other public and private 
420  agencies in the community. 
421         (h) Such training services for program and other employees 
422  of the Department of Children and Families Family Services, 
423  employees of the Department of Health, and other medical 
424  professionals as is deemed appropriate to enable them to develop 
425  and maintain their professional skills and abilities in handling 
426  child abuse, abandonment, and neglect cases. 
427         (i) Educational and community awareness campaigns on child 
428  abuse, abandonment, and neglect in an effort to enable citizens 
429  more successfully to prevent, identify, and treat child abuse, 
430  abandonment, and neglect in the community. 
431         (j) Child protection team assessments that include, as 
432  appropriate, medical evaluations, medical consultations, family 
433  psychosocial interviews, specialized clinical interviews, or 
434  forensic interviews. 
435 
436  All medical personnel participating on a child protection team 
437  must successfully complete the required child protection team 
438  training curriculum as set forth in protocols determined by the 
439  Deputy Secretary for Children’s Medical Services and the 
440  Statewide Medical Director for Child Protection. 
441         (2) The child abuse, abandonment, and neglect reports that 
442  must be referred by the department to child protection teams of 
443  the Department of Health for an assessment and other appropriate 
444  available support services as set forth in subsection (1) must 
445  include cases involving: 
446         (a) Injuries to the head, bruises to the neck or head, 
447  burns, or fractures in a child of any age. 
448         (b) Bruises anywhere on a child 5 years of age or under. 
449         (c) Any report alleging sexual abuse of a child. 
450         (d) Any sexually transmitted disease in a prepubescent 
451  child. 
452         (e) Reported malnutrition of a child and failure of a child 
453  to thrive. 
454         (f) Reported medical neglect of a child. 
455         (g) Any family in which one or more children have been 
456  pronounced dead on arrival at a hospital or other health care 
457  facility, or have been injured and later died, as a result of 
458  suspected abuse, abandonment, or neglect, when any sibling or 
459  other child remains in the home. 
460         (h) Symptoms of serious emotional problems in a child when 
461  emotional or other abuse, abandonment, or neglect is suspected. 
462         (3) All abuse and neglect cases transmitted for 
463  investigation to a circuit district by the hotline must be 
464  simultaneously transmitted to the Department of Health child 
465  protection team for review. For the purpose of determining 
466  whether face-to-face medical evaluation by a child protection 
467  team is necessary, all cases transmitted to the child protection 
468  team which meet the criteria in subsection (2) must be timely 
469  reviewed by: 
470         (a) A physician licensed under chapter 458 or chapter 459 
471  who holds board certification in pediatrics and is a member of a 
472  child protection team; 
473         (b) A physician licensed under chapter 458 or chapter 459 
474  who holds board certification in a specialty other than 
475  pediatrics, who may complete the review only when working under 
476  the direction of a physician licensed under chapter 458 or 
477  chapter 459 who holds board certification in pediatrics and is a 
478  member of a child protection team; 
479         (c) An advanced registered nurse practitioner licensed 
480  under chapter 464 who has a specialty speciality in pediatrics 
481  or family medicine and is a member of a child protection team; 
482         (d) A physician assistant licensed under chapter 458 or 
483  chapter 459, who may complete the review only when working under 
484  the supervision of a physician licensed under chapter 458 or 
485  chapter 459 who holds board certification in pediatrics and is a 
486  member of a child protection team; or 
487         (e) A registered nurse licensed under chapter 464, who may 
488  complete the review only when working under the direct 
489  supervision of a physician licensed under chapter 458 or chapter 
490  459 who holds certification in pediatrics and is a member of a 
491  child protection team. 
492         (4) A face-to-face medical evaluation by a child protection 
493  team is not necessary when: 
494         (a) The child was examined for the alleged abuse or neglect 
495  by a physician who is not a member of the child protection team, 
496  and a consultation between the child protection team board 
497  certified pediatrician, advanced registered nurse practitioner, 
498  physician assistant working under the supervision of a child 
499  protection team board-certified pediatrician, or registered 
500  nurse working under the direct supervision of a child protection 
501  team board-certified pediatrician, and the examining physician 
502  concludes that a further medical evaluation is unnecessary; 
503         (b) The child protective investigator, with supervisory 
504  approval, has determined, after conducting a child safety 
505  assessment, that there are no indications of injuries as 
506  described in paragraphs (2)(a)-(h) as reported; or 
507         (c) The child protection team board-certified pediatrician, 
508  as authorized in subsection (3), determines that a medical 
509  evaluation is not required. 
510 
511  Notwithstanding paragraphs (a), (b), and (c), a child protection 
512  team pediatrician, as authorized in subsection (3), may 
513  determine that a face-to-face medical evaluation is necessary. 
514         (5) In all instances in which a child protection team is 
515  providing certain services to abused, abandoned, or neglected 
516  children, other offices and units of the Department of Health, 
517  and offices and units of the Department of Children and Families 
518  Family Services, shall avoid duplicating the provision of those 
519  services. 
520         (6) The Department of Health child protection team quality 
521  assurance program and the Department of Children and Families’ 
522  Family Services’ Family Safety Program Office quality assurance 
523  program shall collaborate to ensure referrals and responses to 
524  child abuse, abandonment, and neglect reports are appropriate. 
525  Each quality assurance program shall include a review of records 
526  in which there are no findings of abuse, abandonment, or 
527  neglect, and the findings of these reviews shall be included in 
528  each department’s quality assurance reports. 
529         Section 10. Paragraph (k) of subsection (1) of section 
530  39.806, Florida Statutes, is amended to read: 
531         39.806 Grounds for termination of parental rights.— 
532         (1) Grounds for the termination of parental rights may be 
533  established under any of the following circumstances: 
534         (k) A test administered at birth that indicated that the 
535  child’s blood, urine, or meconium contained any amount of 
536  alcohol or a controlled substance or metabolites of such 
537  substances, the presence of which was not the result of medical 
538  treatment administered to the mother or the newborn infant, and 
539  the biological mother of the child is the biological mother of 
540  at least one other child who was adjudicated dependent after a 
541  finding of harm to the child’s health or welfare due to exposure 
542  to a controlled substance or alcohol as defined in s. 
543  39.01(31)(32)(g), after which the biological mother had the 
544  opportunity to participate in substance abuse treatment. 
545         Section 11. Paragraph (a) of subsection (1) of section 
546  39.828, Florida Statutes, is amended to read: 
547         39.828 Grounds for appointment of a guardian advocate.— 
548         (1) The court shall appoint the person named in the 
549  petition as a guardian advocate with all the powers and duties 
550  specified in s. 39.829 for an initial term of 1 year upon a 
551  finding that: 
552         (a) The child named in the petition is or was a drug 
553  dependent newborn as described in s. 39.01(31)(32)(g); 
554         (b) The parent or parents of the child have voluntarily 
555  relinquished temporary custody of the child to a relative or 
556  other responsible adult; 
557         (c) The person named in the petition to be appointed the 
558  guardian advocate is capable of carrying out the duties as 
559  provided in s. 39.829; and 
560         (d) A petition to adjudicate the child dependent under this 
561  chapter has not been filed. 
562         Section 12. Subsection (13) of section 49.011, Florida 
563  Statutes, is amended to read: 
564         49.011 Service of process by publication; cases in which 
565  allowed.—Service of process by publication may be made in any 
566  court on any party identified in s. 49.021 in any action or 
567  proceeding: 
568         (13) For termination of parental rights pursuant to part 
569  VIII IX of chapter 39 or chapter 63. 
570         Section 13. Paragraph (a) of subsection (3) of section 
571  381.0072, Florida Statutes, is amended to read: 
572         381.0072 Food service protection.—It shall be the duty of 
573  the Department of Health to adopt and enforce sanitation rules 
574  consistent with law to ensure the protection of the public from 
575  food-borne illness. These rules shall provide the standards and 
576  requirements for the storage, preparation, serving, or display 
577  of food in food service establishments as defined in this 
578  section and which are not permitted or licensed under chapter 
579  500 or chapter 509. 
580         (3) LICENSES REQUIRED.— 
581         (a) Licenses; annual renewals.—Each food service 
582  establishment regulated under this section shall obtain a 
583  license from the department annually. Food service establishment 
584  licenses shall expire annually and are not transferable from one 
585  place or individual to another. However, those facilities 
586  licensed by the department’s Office of Licensure and 
587  Certification, the Child Care Licensure Services Program Office, 
588  or the Agency for Persons with Disabilities are exempt from this 
589  subsection. It shall be a misdemeanor of the second degree, 
590  punishable as provided in s. 381.0061, s. 775.082, or s. 
591  775.083, for such an establishment to operate without this 
592  license. The department may refuse a license, or a renewal 
593  thereof, to any establishment that is not constructed or 
594  maintained in accordance with law and with the rules of the 
595  department. Annual application for renewal is not required. 
596         Section 14. Subsection (3) of section 394.47865, Florida 
597  Statutes, is amended to read: 
598         394.47865 South Florida State Hospital; privatization.— 
599         (3)(a) Current South Florida State Hospital employees who 
600  are affected by the privatization shall be given first 
601  preference for continued employment by the contractor. The 
602  department shall make reasonable efforts to find suitable job 
603  placements for employees who wish to remain within the state 
604  Career Service System. 
605         (b) Any savings that result from the privatization of South 
606  Florida State Hospital shall be directed to the department’s 
607  service districts 9, 10, and 11 for the delivery of community 
608  mental health services. 
609         Section 15. Subsection (2) of section 394.493, Florida 
610  Statutes, is amended to read: 
611         394.493 Target populations for child and adolescent mental 
612  health services funded through the department.— 
613         (2) Each mental health provider under contract with the 
614  department to provide mental health services to the target 
615  population shall collect fees from the parent or legal guardian 
616  of the child or adolescent receiving services. The fees shall be 
617  based on a sliding fee scale for families whose net family 
618  income is at or above 150 percent of the Federal Poverty Income 
619  Guidelines. The department shall adopt, by rule, a sliding fee 
620  scale for statewide implementation. Fees collected from families 
621  shall be retained in the circuit service district and used for 
622  expanding child and adolescent mental health treatment services. 
623         Section 16. Section 394.4985, Florida Statutes, is amended 
624  to read: 
625         394.4985 Circuitwide Districtwide information and referral 
626  network; implementation.— 
627         (1) Each circuit service district of the Department of 
628  Children and Families Family Services shall develop a detailed 
629  implementation plan for a circuitwide districtwide comprehensive 
630  child and adolescent mental health information and referral 
631  network to be operational by July 1, 1999. The plan must include 
632  an operating budget that demonstrates cost efficiencies and 
633  identifies funding sources for the circuit district information 
634  and referral network. The plan must be submitted by the 
635  department to the Legislature by October 1, 1998. The circuit 
636  district shall use existing circuit district information and 
637  referral providers if, in the development of the plan, it is 
638  concluded that these providers would deliver information and 
639  referral services in a more efficient and effective manner when 
640  compared to other alternatives. The circuit district information 
641  and referral network must include: 
642         (a) A resource file that contains information about the 
643  child and adolescent mental health services as described in s. 
644  394.495, including, but not limited to: 
645         1. Type of program; 
646         2. Hours of service; 
647         3. Ages of persons served; 
648         4. Program description; 
649         5. Eligibility requirements; and 
650         6. Fees. 
651         (b) Information about private providers and professionals 
652  in the community which serve children and adolescents with an 
653  emotional disturbance. 
654         (c) A system to document requests for services that are 
655  received through the network referral process, including, but 
656  not limited to: 
657         1. Number of calls by type of service requested; 
658         2. Ages of the children and adolescents for whom services 
659  are requested; and 
660         3. Type of referral made by the network. 
661         (d) The ability to share client information with the 
662  appropriate community agencies. 
663         (e) The submission of an annual report to the department, 
664  the Agency for Health Care Administration, and appropriate local 
665  government entities, which contains information about the 
666  sources and frequency of requests for information, types and 
667  frequency of services requested, and types and frequency of 
668  referrals made. 
669         (2) In planning the information and referral network, the 
670  circuit district shall consider the establishment of a 24-hour 
671  toll-free telephone number, staffed at all times, for parents 
672  and other persons to call for information that concerns child 
673  and adolescent mental health services and a community public 
674  service campaign to inform the public about information and 
675  referral services. 
676         Section 17. Subsections (2) through (6) of section 394.67, 
677  Florida Statutes, are renumbered as subsections (4) and (8), 
678  respectively, and present subsections (7) and (8) are renumbered 
679  as subsections (2) and (3), respectively, and amended to read: 
680         394.67 Definitions.—As used in this part, the term: 
681         (2)(7) “Circuit District administrator” means the person 
682  appointed by the Secretary of Children and Families Family 
683  Services for the purpose of administering a department circuit 
684  service district as set forth in s. 20.19. 
685         (3)(8) “Circuit District plan” or “plan” means the combined 
686  circuit district substance abuse and mental health plan approved 
687  by the circuit district administrator and governing bodies in 
688  accordance with this part. 
689         Section 18. Section 394.73, Florida Statutes, is amended to 
690  read: 
691         394.73 Joint alcohol, drug abuse, and mental health service 
692  programs in two or more counties.— 
693         (1) Subject to rules established by the department, any 
694  county within a circuit service district shall have the same 
695  power to contract for alcohol, drug abuse, and mental health 
696  services as the department has under existing statutes. 
697         (2) In order to carry out the intent of this part and to 
698  provide alcohol, drug abuse, and mental health services in 
699  accordance with the circuit district plan, the counties within a 
700  circuit service district may enter into agreements with each 
701  other for the establishment of joint service programs. The 
702  agreements may provide for the joint provision or operation of 
703  services and facilities or for the provision or operation of 
704  services and facilities by one participating county under 
705  contract with other participating counties. 
706         (3) When a circuit service district comprises two or more 
707  counties or portions thereof, it is the obligation of the 
708  planning council to submit to the governing bodies, prior to the 
709  budget submission date of each governing body, an estimate of 
710  the proportionate share of costs of alcohol, drug abuse, and 
711  mental health services proposed to be borne by each such 
712  governing body. 
713         (4) Any county desiring to withdraw from a joint program 
714  may submit to the circuit district administrator a resolution 
715  requesting withdrawal therefrom together with a plan for the 
716  equitable adjustment and division of the assets, property, 
717  debts, and obligations, if any, of the joint program. 
718         Section 19. Paragraph (a) of subsection (3) of section 
719  394.74, Florida Statutes, is amended to read: 
720         394.74 Contracts for provision of local substance abuse and 
721  mental health programs.— 
722         (3) Contracts shall include, but are not limited to: 
723         (a) A provision that, within the limits of available 
724  resources, substance abuse and mental health crisis services, as 
725  defined in s. 394.67(5)(3), shall be available to any individual 
726  residing or employed within the service area, regardless of 
727  ability to pay for such services, current or past health 
728  condition, or any other factor; 
729         Section 20. Subsection (10) of section 394.75, Florida 
730  Statutes, is amended to read: 
731         394.75 State and circuit district substance abuse and 
732  mental health plans.— 
733         (10) The circuit district administrator shall ensure that 
734  the circuit district plan: 
735         (a) Conforms to the priorities in the state plan, the 
736  requirements of this part, and the standards adopted under this 
737  part; 
738         (b) Ensures that the most effective and economical use will 
739  be made of available public and private substance abuse and 
740  mental health resources in the circuit service district; and 
741         (c) Has adequate provisions made for review and evaluation 
742  of the services provided in the circuit service district. 
743         Section 21. Subsection (2) of section 394.76, Florida 
744  Statutes, is amended to read: 
745         394.76 Financing of circuit district programs and 
746  services.—If the local match funding level is not provided in 
747  the General Appropriations Act or the substantive bill 
748  implementing the General Appropriations Act, such funding level 
749  shall be provided as follows: 
750         (2) If in any fiscal year the approved state appropriation 
751  is insufficient to finance the programs and services specified 
752  by this part, the department shall have the authority to 
753  determine the amount of state funds available to each circuit 
754  service district for such purposes in accordance with the 
755  priorities in both the state and circuit district plans. The 
756  circuit district administrator shall consult with the planning 
757  council to ensure that the summary operating budget conforms to 
758  the approved plan. 
759         Section 22. Subsection (5) of section 394.78, Florida 
760  Statutes, is amended to read: 
761         394.78 Operation and administration; personnel standards; 
762  procedures for audit and monitoring of service providers; 
763  resolution of disputes.— 
764         (5) In unresolved disputes regarding this part or rules 
765  established pursuant to this part, providers and district health 
766  and human services boards shall adhere to formal procedures 
767  specified under s. 20.19(8)(n). 
768         Section 23. Subsections (3) and (4) of section 394.82, 
769  Florida Statutes, are amended to read: 
770         394.82 Funding of expanded services.— 
771         (3) Each fiscal year, any funding increases for crisis 
772  services or community mental health services that are included 
773  in the General Appropriations Act shall be appropriated in a 
774  lump-sum category as defined in s. 216.011(1)(aa). In accordance 
775  with s. 216.181(6)(a), the Executive Office of the Governor 
776  shall require the Department of Children and Families Family 
777  Services to submit a spending plan for the use of funds 
778  appropriated for this purpose. The spending plan must include a 
779  schedule for phasing in the new community mental health services 
780  in each circuit service district of the department and must 
781  describe how the new services will be integrated and coordinated 
782  with all current community-based health and human services. 
783         (4) By January 1, 2004, the crisis services defined in s. 
784  394.67(5)(3) shall be implemented, as appropriate, in the 
785  state’s public community mental health system to serve children 
786  and adults who are experiencing an acute mental or emotional 
787  crisis, as defined in s. 394.67(17). By January 1, 2006, the 
788  mental health services defined in s. 394.67(15) shall be 
789  implemented, as appropriate, in the state’s public community 
790  mental health system to serve adults and older adults who have a 
791  severe and persistent mental illness and to serve children who 
792  have a serious emotional disturbance or mental illness, as 
793  defined in s. 394.492(6). 
794         Section 24. Subsection (1) of section 394.9084, Florida 
795  Statutes, is amended to read: 
796         394.9084 Florida Self-Directed Care program.— 
797         (1) The Department of Children and Families Family 
798  Services, in cooperation with the Agency for Health Care 
799  Administration, may provide a client-directed and choice-based 
800  Florida Self-Directed Care program in all department circuits 
801  service districts, in addition to the pilot projects established 
802  in district 4 and district 8, to provide mental health treatment 
803  and support services to adults who have a serious mental 
804  illness. The department may also develop and implement a client 
805  directed and choice-based pilot project in one circuit district 
806  to provide mental health treatment and support services for 
807  children with a serious emotional disturbance who live at home. 
808  If established, any staff who work with children must be 
809  screened under s. 435.04. The department shall implement a 
810  payment mechanism in which each client controls the money that 
811  is available for that client’s mental health treatment and 
812  support services. The department shall establish interagency 
813  cooperative agreements and work with the agency, the Division of 
814  Vocational Rehabilitation, and the Social Security 
815  Administration to implement and administer the Florida Self 
816  Directed Care program. 
817         Section 25. Subsection (1) of section 397.821, Florida 
818  Statutes, is amended to read: 
819         397.821 Juvenile substance abuse impairment prevention and 
820  early intervention councils.— 
821         (1) Each judicial circuit as set forth in s. 26.021 may 
822  establish a juvenile substance abuse impairment prevention and 
823  early intervention council composed of at least 12 members, 
824  including representatives from law enforcement, the department, 
825  school districts, state attorney and public defender offices, 
826  the circuit court, the religious community, substance abuse 
827  impairment professionals, child advocates from the community, 
828  business leaders, parents, and high school students. However, 
829  those circuits which already have in operation a council of 
830  similar composition may designate the existing body as the 
831  juvenile substance abuse impairment prevention and early 
832  intervention council for the purposes of this section. Each 
833  council shall establish bylaws providing for the length of term 
834  of its members, but the term may not exceed 4 years. The circuit 
835  substate entity administrator, as defined in s. 20.19, and the 
836  chief judge of the circuit court shall each appoint six members 
837  of the council. The circuit substate entity administrator shall 
838  appoint a representative from the department, a school district 
839  representative, a substance abuse impairment treatment 
840  professional, a child advocate, a parent, and a high school 
841  student. The chief judge of the circuit court shall appoint a 
842  business leader and representatives from the state attorney’s 
843  office, the public defender’s office, the religious community, 
844  the circuit court, and law enforcement agencies. 
845         Section 26. Subsection (1) of section 394.9135, Florida 
846  Statutes, is amended to read: 
847         394.9135 Immediate releases from total confinement; 
848  transfer of person to department; time limitations on 
849  assessment, notification, and filing petition to hold in 
850  custody; filing petition after release.— 
851         (1) If the anticipated release from total confinement of a 
852  person who has been convicted of a sexually violent offense 
853  becomes immediate for any reason, the agency with jurisdiction 
854  shall upon immediate release from total confinement transfer 
855  that person: 
856         (a) To the custody of United States Immigration and Customs 
857  Enforcement if a detainer order is in place for the person; or 
858         (b) To the custody of the Department of Children and 
859  Families Family Services to be held in an appropriate secure 
860  facility. 
861 
862  The department shall put into place a memorandum of 
863  understanding with United States Immigration and Customs 
864  Enforcement to ensure that if Immigration and Customs 
865  Enforcement is unable to deport the person for any reason, the 
866  person shall be immediately transferred back to the custody of 
867  the department for civil commitment and further proceedings 
868  under this section. 
869         Section 27. Subsection (1) of section 402.313, Florida 
870  Statutes, is amended to read: 
871         402.313 Family day care homes.— 
872         (1) Family day care homes shall be licensed under this act 
873  if they are presently being licensed under an existing county 
874  licensing ordinance, if they are participating in the subsidized 
875  child care program, or if the board of county commissioners 
876  passes a resolution that family day care homes be licensed. If 
877  no county authority exists for the licensing of a family day 
878  care home and the county passes a resolution requiring 
879  licensure, the department shall have the authority to license 
880  family day care homes under contract with the county for the 
881  purchase-of-service system in the subsidized child care program. 
882         (a) If not subject to license, family day care homes shall 
883  register annually with the department, providing the following 
884  information: 
885         1. The name and address of the home. 
886         2. The name of the operator. 
887         3. The number of children served. 
888         4. Proof of a written plan to provide at least one other 
889  competent adult to be available to substitute for the operator 
890  in an emergency. This plan shall include the name, address, and 
891  telephone number of the designated substitute. 
892         5. Proof of screening and background checks. 
893         6. Proof of successful completion of the 30-hour training 
894  course, as evidenced by passage of a competency examination, 
895  which shall include: 
896         a. State and local rules and regulations that govern child 
897  care. 
898         b. Health, safety, and nutrition. 
899         c. Identifying and reporting child abuse and neglect. 
900         d. Child development, including typical and atypical 
901  language development; and cognitive, motor, social, and self 
902  help skills development. 
903         e. Observation of developmental behaviors, including using 
904  a checklist or other similar observation tools and techniques to 
905  determine a child’s developmental level. 
906         f. Specialized areas, including early literacy and language 
907  development of children from birth to 5 years of age, as 
908  determined by the department, for owner-operators of family day 
909  care homes. 
910         7. Proof that immunization records are kept current. 
911         8. Proof of completion of the required continuing education 
912  units or clock hours. 
913         (b) A family day care home not participating in the 
914  subsidized child care program may volunteer to be licensed under 
915  the provisions of this act. 
916         (c) The department may provide technical assistance to 
917  counties and family day care home providers to enable counties 
918  and family day care providers to achieve compliance with family 
919  day care homes standards. 
920         Section 28. Subsection (2) of section 402.315, Florida 
921  Statutes, is amended to read: 
922         402.315 Funding; license fees.— 
923         (2) The county department shall bear the costs of the 
924  licensing of family day care homes when contracting with the 
925  department pursuant to s. 402.313(1) child care facilities when 
926  contracted to do so by a county or when directly responsible for 
927  licensing in a county which fails to meet or exceed state 
928  minimum standards. 
929         Section 29. Subsections (2), (3), and (7) of section 
930  402.40, Florida Statutes, are amended to read: 
931         402.40 Child welfare training.— 
932         (2) DEFINITIONS.—As used in this section, the term: 
933         (a) “Child welfare certification” means a professional 
934  credential awarded by the department or by a credentialing 
935  entity recognized by the department to individuals demonstrating 
936  core competency in any child welfare services practice area. 
937         (b) “Child welfare services” means any intake, protective 
938  investigations, preprotective services, protective services, 
939  foster care, shelter and group care, and adoption and related 
940  services program, including supportive services, supervision, 
941  and legal services, provided to children who are alleged to have 
942  been abused, abandoned, or neglected, or who are at risk of 
943  becoming, are alleged to be, or have been found dependent 
944  pursuant to chapter 39. 
945         (c) “Core competency” means the knowledge, skills, and 
946  abilities necessary to carry out work responsibilities. 
947         (d)(b) “Person providing child welfare services” means a 
948  person who has a responsibility for supervisory, legal, direct 
949  care or support related work in the provision of child welfare 
950  services pursuant to chapter 39. 
951         (3) CHILD WELFARE TRAINING PROGRAM.—The department shall 
952  establish a program for training pursuant to the provisions of 
953  this section, and all persons providing child welfare services 
954  shall be required to demonstrate core competency by earning and 
955  maintaining a department or third-party-awarded child welfare 
956  certification and participate in and successfully complete the 
957  program of training pertinent to their areas of responsibility. 
958         (7) CERTIFICATION AND TRAINER QUALIFICATIONS.—The 
959  department shall, in collaboration with the professionals and 
960  providers described in subsection (5), develop minimum standards 
961  for a certification process that ensures that participants have 
962  successfully attained the knowledge, skills, and abilities 
963  necessary to competently carry out their work responsibilities. 
964  The department shall recognize third-party certification for 
965  child welfare services staff which satisfies the core 
966  competencies and meets the certification requirements 
967  established in this section and shall develop minimum standards 
968  for trainer qualifications which must be required of training 
969  academies in the offering of the training curricula. Any person 
970  providing child welfare services shall be required to master the 
971  core competencies and hold an active child welfare certification 
972  components of the curriculum that is are particular to that 
973  person’s work responsibilities. 
974         Section 30. Subsection (2) of section 402.49, Florida 
975  Statutes, is amended to read: 
976         402.49 Mediation process established.— 
977         (2)(a) The department shall appoint at least one mediation 
978  panel in each of the department’s circuits service districts. 
979  Each panel shall have at least three and not more than five 
980  members and shall include a representative from the department, 
981  a representative of an agency that provides similar services to 
982  those provided by the agency that is a party to the dispute, and 
983  additional members who are mutually acceptable to the department 
984  and the agency that is a party to the dispute. Such additional 
985  members may include laypersons who are involved in advocacy 
986  organizations, members of boards of directors of agencies 
987  similar to the agency that is a party to the dispute, members of 
988  families of department clients, members of department planning 
989  councils in the area of services that are the subject of the 
990  dispute, and interested and informed members of the local 
991  community. 
992         (b) If the parties to the conflict agree, a mediation panel 
993  may hear a complaint that is filed outside of the panel’s 
994  circuit service district. 
995         Section 31. Subsection (3) of section 409.152, Florida 
996  Statutes, is amended to read: 
997         409.152 Service integration and family preservation.— 
998         (3) Each circuit service district of the department shall 
999  develop a family preservation service integration plan that 
1000  identifies various programs that can be organized at the point 
1001  of service delivery into a logical and cohesive family-centered 
1002  services constellation. The plan shall include: 
1003         (a) Goals and objectives for integrating services for 
1004  families and avoiding barriers to service integration, 
1005  procedures for centralized intake and assessment, a 
1006  comprehensive service plan for each family, and an evaluation 
1007  method of program outcome. 
1008         (b) Recommendations for proposed changes to fiscal and 
1009  substantive policies, regulations, and laws at local, circuit 
1010  district, and state delivery levels, including budget and 
1011  personnel policies; purchasing flexibility and workforce 
1012  incentives; discretionary resources; and incentives to reduce 
1013  dependency on government programs and services. 
1014         (c) Strategies for creating partnerships with the 
1015  community, clients, and consumers of services which establish, 
1016  maintain, and preserve family units. 
1017         Section 32. Paragraph (e) of subsection (1) and subsection 
1018  (8) of section 409.1671, Florida Statutes, are amended, and 
1019  paragraph (m) is added to subsection (1) of that section, to 
1020  read: 
1021         409.1671 Foster care and related services; outsourcing.— 
1022         (1) 
1023         (e) As used in this section, the term “eligible lead 
1024  community-based provider” means a single agency with which the 
1025  department contracts shall contract for the provision of child 
1026  protective services in a community that is no smaller than a 
1027  county. The secretary of the department may authorize more than 
1028  one eligible lead community-based provider within a single 
1029  county if it when to do so will result in more effective 
1030  delivery of foster care and related services. To compete for an 
1031  outsourcing project, such agency must have: 
1032         1. The ability to coordinate, integrate, and manage all 
1033  child protective services in the designated community in 
1034  cooperation with child protective investigations. 
1035         2. The ability to ensure continuity of care from entry to 
1036  exit for all children referred from the protective investigation 
1037  and court systems. 
1038         3. The ability to provide directly, or contract for through 
1039  a local network of providers, for all necessary child protective 
1040  services. Such agencies should directly provide no more than 35 
1041  percent of all child protective services provided. 
1042         4. The willingness to be accountable accept accountability 
1043  for meeting the outcomes and performance standards related to 
1044  child protective services established by the Legislature and the 
1045  Federal Government. 
1046         5. The capability and the willingness to serve all children 
1047  referred to it from the protective investigation and court 
1048  systems, regardless of the level of funding allocated to the 
1049  community by the state if, provided all related funding is 
1050  transferred. 
1051         6. The willingness to ensure that each individual who 
1052  provides child protective services completes the training 
1053  required of child protective service workers by the Department 
1054  of Children and Family Services. 
1055         7. The ability to maintain eligibility to receive all 
1056  federal child welfare funds, including Title IV-E and IV-A 
1057  funds, currently being used by the Department of Children and 
1058  Family Services. 
1059         8. Written agreements with Healthy Families Florida lead 
1060  entities in their community, pursuant to s. 409.153, to promote 
1061  cooperative planning for the provision of prevention and 
1062  intervention services. 
1063         9. A board of directors, of which at least 51 percent of 
1064  the membership is comprised of persons residing in this state. 
1065  Of the state residents, at least 51 percent must also reside 
1066  within the service area of the eligible lead community-based 
1067  provider. 
1068         (m) In order to ensure an efficient and effective 
1069  community-based care system, the department shall annually 
1070  evaluate each lead agency’s success in developing an effective 
1071  network of local providers, improving the coordination and 
1072  delivery of services to children, and investing appropriated 
1073  funds into the community for direct services to children and 
1074  families. 
1075         (8) Notwithstanding the provisions of s. 215.425, all 
1076  documented federal funds earned for the current fiscal year by 
1077  the department and community-based agencies which exceed the 
1078  amount appropriated by the Legislature shall be distributed to 
1079  all entities that contributed to the excess earnings based on a 
1080  schedule and methodology developed by the department and 
1081  approved by the Executive Office of the Governor. Distribution 
1082  shall be pro rata based on total earnings and shall be made only 
1083  to those entities that contributed to excess earnings. Excess 
1084  earnings of community-based agencies shall be used only in the 
1085  circuit service district in which they were earned. Additional 
1086  state funds appropriated by the Legislature for community-based 
1087  agencies or made available pursuant to the budgetary amendment 
1088  process described in s. 216.177 shall be transferred to the 
1089  community-based agencies. The department shall amend a 
1090  community-based agency’s contract to permit expenditure of the 
1091  funds. 
1092         Section 33. Section 409.1685, Florida Statutes, is amended 
1093  to read: 
1094         409.1685 Children in foster care; annual report to 
1095  Legislature.—The Department of Children and Family Services 
1096  shall submit a written report to the substantive committees of 
1097  the Legislature concerning the status of children in foster care 
1098  and concerning the judicial review mandated by part IX X of 
1099  chapter 39. This report shall be submitted by March 1 of each 
1100  year and shall include the following information for the prior 
1101  calendar year: 
1102         (1) The number of 6-month and annual judicial reviews 
1103  completed during that period. 
1104         (2) The number of children in foster care returned to a 
1105  parent, guardian, or relative as a result of a 6-month or annual 
1106  judicial review hearing during that period. 
1107         (3) The number of termination of parental rights 
1108  proceedings instituted during that period including which shall 
1109  include: 
1110         (a) The number of termination of parental rights 
1111  proceedings initiated pursuant to former s. 39.703; and 
1112         (b) The total number of terminations of parental rights 
1113  ordered. 
1114         (4) The number of foster care children placed for adoption 
1115  during that period. 
1116         Section 34. Paragraph (a) of subsection (4) of section 
1117  409.1755, Florida Statutes, is amended to read: 
1118         409.1755 One Church, One Child of Florida Corporation Act; 
1119  creation; duties.— 
1120         (4) BOARD OF DIRECTORS.— 
1121         (a) The One Church, One Child of Florida Corporation shall 
1122  operate subject to the supervision and approval of a board of 
1123  directors consisting of 21 23 members, with one two directors 
1124  representing each circuit service district of the Department of 
1125  Children and Families Family Services and one director who shall 
1126  be an at-large member. 
1127         Section 35. Paragraph (a) of subsection (1) and subsection 
1128  (2) of section 410.0245, Florida Statutes, are amended to read: 
1129         410.0245 Study of service needs; report; multiyear plan.— 
1130         (1)(a) The Adult Protection Services Program Office of the 
1131  Department of Children and Families Family Services shall 
1132  contract for a study of the service needs of the 18-to-59-year 
1133  old disabled adult population served or waiting to be served by 
1134  the community care for disabled adults program. The Division of 
1135  Vocational Rehabilitation of the Department of Education and 
1136  other appropriate state agencies shall provide information to 
1137  the Department of Children and Families Family Services when 
1138  requested for the purposes of this study. 
1139         (2) Based on the findings of the study, the Adult 
1140  Protection Services Program of the Department of Children and 
1141  Families Family Services shall develop a multiyear plan which 
1142  shall provide for the needs of disabled adults in this state and 
1143  shall provide strategies for statewide coordination of all 
1144  services for disabled adults. The multiyear plan shall include 
1145  an inventory of existing services and an analysis of costs 
1146  associated with existing and projected services. The multiyear 
1147  plan shall be presented to the Governor, the President of the 
1148  Senate, and the Speaker of the House of Representatives every 3 
1149  years on or before March 1, beginning in 1992. On or before 
1150  March 1 of each intervening year, the department shall submit an 
1151  analysis of the status of the implementation of each element of 
1152  the multiyear plan, any continued unmet need, and the 
1153  relationship between that need and the department’s budget 
1154  request for that year. 
1155         Section 36. Subsections (1) and (2) of section 410.603, 
1156  Florida Statutes, are renumbered as subsections (2) and (3), 
1157  respectively, and present subsection (3) of that section is 
1158  renumbered as subsection (1) and amended to read: 
1159         410.603 Definitions relating to Community Care for Disabled 
1160  Adults Act.—As used in ss. 410.601-410.606: 
1161         (1)(3) “Circuit District” means a specified geographic 
1162  service area that conforms to the judicial circuits established 
1163  in s. 26.021, as defined in s. 20.19, in which the programs of 
1164  the department are administered and services are delivered. 
1165         Section 37. Subsection (2) of section 410.604, Florida 
1166  Statutes, is amended to read: 
1167         410.604 Community care for disabled adults program; powers 
1168  and duties of the department.— 
1169         (2) Any person who meets the definition of a disabled adult 
1170  pursuant to s. 410.603(3)(2) is eligible to receive the services 
1171  of the community care for disabled adults program. However, the 
1172  community care for disabled adults program shall operate within 
1173  the funds appropriated by the Legislature. Priority shall be 
1174  given to disabled adults who are not eligible for comparable 
1175  services in programs of or funded by the department or the 
1176  Division of Vocational Rehabilitation of the Department of 
1177  Education; who are determined to be at risk of 
1178  institutionalization; and whose income is at or below the 
1179  existing institutional care program eligibility standard. 
1180         Section 38. Section 411.224, Florida Statutes, is amended 
1181  to read: 
1182         411.224 Family support planning process.—The Legislature 
1183  establishes a family support planning process to be used by the 
1184  Department of Children and Families Family Services as the 
1185  service planning process for targeted individuals, children, and 
1186  families under its purview. 
1187         (1) The Department of Education shall take all appropriate 
1188  and necessary steps to encourage and facilitate the 
1189  implementation of the family support planning process for 
1190  individuals, children, and families within its purview. 
1191         (2) To the extent possible within existing resources, the 
1192  following populations must be included in the family support 
1193  planning process: 
1194         (a) Children from birth to age 5 who are served by the 
1195  clinic and programs of the Division of Children’s Medical 
1196  Services of the Department of Health. 
1197         (b) Children participating in the developmental evaluation 
1198  and intervention program of the Division of Children’s Medical 
1199  Services of the Department of Health. 
1200         (c) Children from age 3 through age 5 who are served by the 
1201  Agency for Persons with Disabilities. 
1202         (d) Children from birth through age 5 who are served by the 
1203  Mental Health Program Office of the Department of Children and 
1204  Families Family Services. 
1205         (e) Participants who are served by the Children’s Early 
1206  Investment Program established in s. 411.232. 
1207         (f) Healthy Start participants in need of ongoing service 
1208  coordination. 
1209         (g) Children from birth through age 5 who are served by the 
1210  voluntary family services, protective supervision, foster care, 
1211  or adoption and related services programs of the Child Care 
1212  Licensure Services Program Office of the Department of Children 
1213  and Families Family Services, and who are eligible for ongoing 
1214  services from one or more other programs or agencies that 
1215  participate in family support planning; however, children served 
1216  by the voluntary family services program, where the planned 
1217  length of intervention is 30 days or less, are excluded from 
1218  this population. 
1219         (3) When individuals included in the target population are 
1220  served by Head Start, local education agencies, or other 
1221  prevention and early intervention programs, providers must be 
1222  notified and efforts made to facilitate the concerned agency’s 
1223  participation in family support planning. 
1224         (4) Local education agencies are encouraged to use a family 
1225  support planning process for children from birth through 5 years 
1226  of age who are served by the prekindergarten program for 
1227  children with disabilities, in lieu of the Individual Education 
1228  Plan. 
1229         (5) There must be only a single-family support plan to 
1230  address the problems of the various family members unless the 
1231  family requests that an individual family support plan be 
1232  developed for different members of that family. The family 
1233  support plan must replace individual habilitation plans for 
1234  children from 3 through 5 years old who are served by the Agency 
1235  for Persons with Disabilities. 
1236         (6) The family support plan at a minimum must include the 
1237  following information: 
1238         (a) The family’s statement of family concerns, priorities, 
1239  and resources. 
1240         (b) Information related to the health, educational, 
1241  economic and social needs, and overall development of the 
1242  individual and the family. 
1243         (c) The outcomes that the plan is intended to achieve. 
1244         (d) Identification of the resources and services to achieve 
1245  each outcome projected in the plan. These resources and services 
1246  are to be provided based on availability and funding. 
1247         (7) A family support plan meeting must be held with the 
1248  family to initially develop the family support plan and annually 
1249  thereafter to update the plan as necessary. The family includes 
1250  anyone who has an integral role in the life of the individual or 
1251  child as identified by the individual or family. The family 
1252  support plan must be reviewed periodically during the year, at 
1253  least at 6-month intervals, to modify and update the plan as 
1254  needed. Such periodic reviews do not require a family support 
1255  plan team meeting but may be accomplished through other means 
1256  such as a case file review and telephone conference with the 
1257  family. 
1258         (8) The initial family support plan must be developed 
1259  within a 90-day period. If exceptional circumstances make it 
1260  impossible to complete the evaluation activities and to hold the 
1261  initial family support plan team meeting within a reasonable 
1262  time period, these circumstances must be documented, and the 
1263  individual or family must be notified of the reason for the 
1264  delay. With the agreement of the family and the provider, 
1265  services for which either the individual or the family is 
1266  eligible may be initiated before the completion of the 
1267  evaluation activities and the family support plan. 
1268         (9) The Department of Children and Families Family 
1269  Services, the Department of Health, and the Department of 
1270  Education, to the extent that funds are available, must offer 
1271  technical assistance to communities to facilitate the 
1272  implementation of the family support plan. 
1273         (10) The Department of Children and Families Family 
1274  Services, the Department of Health, and the Department of 
1275  Education shall adopt rules necessary to implement this act. 
1276         Section 39. Section 414.24, Florida Statutes, is amended to 
1277  read: 
1278         414.24 Integrated welfare reform and child welfare 
1279  services.—The department shall develop integrated service 
1280  delivery strategies to better meet the needs of families subject 
1281  to work activity requirements who are involved in the child 
1282  welfare system or are at high risk of involvement in the child 
1283  welfare system. To the extent that resources are available, the 
1284  department and the Department of Labor and Employment Security 
1285  shall provide funds to one or more circuits service districts to 
1286  promote development of integrated, nonduplicative case 
1287  management within the department, the Department of Labor and 
1288  Employment Security, other participating government agencies, 
1289  and community partners. Alternative delivery systems shall be 
1290  encouraged which include well-defined, pertinent outcome 
1291  measures. Other factors to be considered shall include 
1292  innovation regarding training, enhancement of existing 
1293  resources, and increased private sector and business sector 
1294  participation. 
1295         Section 40. Subsection (8) of section 415.1113, Florida 
1296  Statutes, is amended to read: 
1297         415.1113 Administrative fines for false report of abuse, 
1298  neglect, or exploitation of a vulnerable adult.— 
1299         (8) All amounts collected under this section must be 
1300  deposited into the Operations and Maintenance Trust Fund within 
1301  the Adult Protection Services Program of the department. 
1302         Section 41. Subsections (1) through (3) of section 420.621, 
1303  Florida Statutes, are renumbered as subsections (2) through (4), 
1304  respectively, and present subsection (4) of that section is 
1305  renumbered as subsection (1) and amended to read: 
1306         420.621 Definitions.—As used in ss. 420.621-420.628, the 
1307  term: 
1308         (1)(4) “Circuit District” means a specified geographic 
1309  service area that conforms to the judicial circuits established 
1310  in s. 26.021 service district of the department, as set forth in 
1311  s. 20.19. 
1312         Section 42. Subsection (1) of section 420.622, Florida 
1313  Statutes, is amended to read: 
1314         420.622 State Office on Homelessness; Council on 
1315  Homelessness.— 
1316         (1) The State Office on Homelessness is created within the 
1317  Department of Children and Families Family Services to provide 
1318  interagency, council, and other related coordination on issues 
1319  relating to homelessness. An executive director of the office 
1320  shall be appointed by the Governor. 
1321         Section 43. Subsection (4) of section 420.623, Florida 
1322  Statutes, is amended to read: 
1323         420.623 Local coalitions for the homeless.— 
1324         (4) ANNUAL REPORTS.—The department shall submit to the 
1325  Governor, the Speaker of the House of Representatives, and the 
1326  President of the Senate, by June 30, an annual report consisting 
1327  of a compilation of data collected by local coalitions, progress 
1328  made in the development and implementation of local homeless 
1329  assistance continuums of care plans in each circuit district, 
1330  local spending plans, programs and resources available at the 
1331  local level, and recommendations for programs and funding. 
1332         Section 44. Subsections (4) through (8) of section 420.625, 
1333  Florida Statutes, are amended to read: 
1334         420.625 Grant-in-aid program.— 
1335         (4) APPLICATION PROCEDURE.—Local agencies shall submit an 
1336  application for grant-in-aid funds to the circuit district 
1337  administrator for review. During the first year of 
1338  implementation, circuit district administrators shall begin to 
1339  accept applications for circuit district funds no later than 
1340  October 1, 1988, and by August 1 of each year thereafter for 
1341  which funding for this section is provided. Circuit District 
1342  funds shall be made available to local agencies no more than 30 
1343  days after the deadline date for applications for each funding 
1344  cycle. 
1345         (5) SPENDING PLANS.—The department shall develop guidelines 
1346  for the development of spending plans and for the evaluation and 
1347  approval by circuit district administrators of spending plans, 
1348  based upon such factors as: 
1349         (a) The demonstrated level of need for the program. 
1350         (b) The demonstrated ability of the local agency or 
1351  agencies seeking assistance to deliver the services and to 
1352  assure that identified needs will be met. 
1353         (c) The ability of the local agency or agencies seeking 
1354  assistance to deliver a wide range of services as enumerated in 
1355  subsection (3). 
1356         (d) The adequacy and reasonableness of proposed budgets and 
1357  planned expenditures, and the demonstrated capacity of the local 
1358  agency or agencies to administer the funds sought. 
1359         (e) A statement from the local coalition for the homeless 
1360  as to the steps to be taken to assure coordination and 
1361  integration of services in the circuit district to avoid 
1362  unnecessary duplication and costs. 
1363         (f) Assurances by the local coalition for the homeless that 
1364  alternative funding strategies for meeting needs through the 
1365  reallocation of existing resources, utilization of volunteers, 
1366  and local government or private agency funding have been 
1367  explored. 
1368         (g) The existence of an evaluation component designed to 
1369  measure program outcomes and determine the overall effectiveness 
1370  of the local programs for the homeless for which funding is 
1371  sought. 
1372         (6) ALLOCATION OF GRANT FUNDS TO CIRCUITS DISTRICTS.—State 
1373  grant-in-aid funds for local initiatives for the homeless shall 
1374  be allocated by the department to, and administered by, 
1375  department circuits districts. Allocations shall be based upon 
1376  sufficient documentation of: 
1377         (a) The magnitude of the problem of homelessness in the 
1378  circuit district, and the demonstrated level of unmet need for 
1379  services in the circuit district for those who are homeless or 
1380  are about to become homeless. 
1381         (b) A strong local commitment to seriously address the 
1382  problem of homelessness as evidenced by coordinated programs 
1383  involving preventive, emergency, and transitional services and 
1384  by the existence of active local organizations committed to 
1385  serving those who have become, or are about to become, homeless. 
1386         (c) Agreement by local government and private agencies 
1387  currently serving the homeless not to reduce current 
1388  expenditures for services presently provided to those who are 
1389  homeless or are about to become homeless if grant assistance is 
1390  provided pursuant to this section. 
1391         (d) Geographic distribution of circuit district programs to 
1392  ensure that such programs serve both rural and urban areas, as 
1393  needed. 
1394         (7) DISTRIBUTION TO LOCAL AGENCIES.—Circuit District funds 
1395  so allocated shall be available for distribution by the circuit 
1396  district administrator to local agencies to fund programs such 
1397  as those set forth in subsection (3), based upon the 
1398  recommendations of the local coalitions in accordance with 
1399  spending plans developed by the coalitions and approved by the 
1400  circuit district administrator. Not more than 10 percent of the 
1401  total state funds awarded under a spending plan may be used by 
1402  the local coalition for staffing and administration. 
1403         (8) LOCAL MATCHING FUNDS.—Entities contracting to provide 
1404  services through financial assistance obtained under this 
1405  section shall provide a minimum of 25 percent of the funding 
1406  necessary for the support of project operations. In-kind 
1407  contributions, whether materials, commodities, transportation, 
1408  office space, other types of facilities, or personal services, 
1409  and contributions of money or services from homeless persons may 
1410  be evaluated and counted as part or all of this required local 
1411  funding, in the discretion of the circuit district 
1412  administrator. 
1413         Section 45. Subsection (2) of section 429.35, Florida 
1414  Statutes, is amended to read: 
1415         429.35 Maintenance of records; reports.— 
1416         (2) Within 60 days after the date of the biennial 
1417  inspection visit required under s. 408.811 or within 30 days 
1418  after the date of any interim visit, the agency shall forward 
1419  the results of the inspection to the local ombudsman council in 
1420  whose planning and service area, as defined in part II of 
1421  chapter 400, the facility is located; to at least one public 
1422  library or, in the absence of a public library, the county seat 
1423  in the county in which the inspected assisted living facility is 
1424  located; and, when appropriate, to the circuit district Adult 
1425  Protection Services and Mental Health Program Offices. 
1426         Section 46. Paragraph (d) of subsection (3) of section 
1427  1002.67, Florida Statutes, is amended to read: 
1428         1002.67 Performance standards; curricula and 
1429  accountability.— 
1430         (3) 
1431         (d) Each early learning coalition, the Agency for Workforce 
1432  Innovation, and the department shall coordinate with the Child 
1433  Care Licensure Services Program Office of the Department of 
1434  Children and Families Family Services to minimize interagency 
1435  duplication of activities for monitoring private prekindergarten 
1436  providers for compliance with requirements of the Voluntary 
1437  Prekindergarten Education Program under this part, the school 
1438  readiness programs under s. 411.01, and the licensing of 
1439  providers under ss. 402.301-402.319. 
1440         Section 47. Sections 39.311, 39.312, 39.313, 39.314, 
1441  39.315, 39.316, 39.317, 39.318, 394.9083, and 402.35, Florida 
1442  Statutes, are repealed. 
1443         Section 48. The Division of Statutory Revision of the Joint 
1444  Legislative Management Committee is directed to prepare a 
1445  reviser’s bill for introduction at a subsequent session of the 
1446  Legislature to change the term “Department of Children and 
1447  Family Services” to “Department of Children and Families,” the 
1448  term “Secretary of Children and Family Services” to “Secretary 
1449  of Children and Families,” and the term “district administrator” 
1450  to “circuit administrator,” as that term relates to the 
1451  responsibilities of the Department of Children and Families, 
1452  wherever that term appears in the Florida Statutes. 
1453         Section 49. The Agency for Persons with Disabilities is 
1454  directed to prepare a plan that will enable it to perform all of 
1455  its own administrative and operational functions separate from 
1456  the Department of Children and Family Services by July 1, 2015. 
1457  The plan must identify resource requirements and a timeframe for 
1458  completing the transfer of responsibilities from the Department 
1459  of Children and Family Services, including submittal of a 
1460  detailed justification for each position the agency estimates it 
1461  would need to become administratively self-sufficient; an 
1462  analysis of each function to determine if the Department of 
1463  Children and Family Services could provide the service more 
1464  efficiently on a reimbursed cost basis through an interagency 
1465  agreement; and an estimate of the costs and benefits to be 
1466  derived through the separation. The Department of Children and 
1467  Family Services is directed to cooperate with the agency in 
1468  preparing the plan. The plan shall be presented to the Speaker 
1469  of the House of Representatives, the President of the Senate, 
1470  and the appropriate substantive committees by January 15, 2011. 
1471         Section 50. The Department of Children and Families, 
1472  through its Office of General Counsel and in consultation with 
1473  its contracted legal services providers and lead agency 
1474  administrators, shall define the types of legal services 
1475  associated with dependency proceedings. These legal services 
1476  include, but are not limited to, service of process, court 
1477  reporter and transcription services, expert witnesses, and legal 
1478  publication. The department shall delineate the specific costs 
1479  each lead agency will pay for those defined legal services, and 
1480  by contract amendment, modify lead agency funding amounts to 
1481  shift funding and responsibility for those costs to the 
1482  department through its Office of General Counsel. 
1483         Section 51. The Department of Children and Families is 
1484  directed to establish a procedure to assist undocumented aliens 
1485  forensically committed in mental health institutions as not 
1486  guilty by reason of insanity or civilly committed under the 
1487  Baker Act to return to their country of origin. The procedure 
1488  should include guidelines to identify appropriate candidates and 
1489  a process to facilitate their voluntary repatriation. 
1490         Section 52. The Department of Children and Families is 
1491  directed to institute a program, modeled on the Department of 
1492  Corrections’ Institutional Hearing Program, to improve 
1493  coordination with United States Immigration and Customs 
1494  Enforcement to identify undocumented aliens in mental health 
1495  institutions for whom removal may be appropriate. The program 
1496  should allow undocumented aliens of any commitment status in 
1497  state mental health treatment facilities to be identified and 
1498  the removal process initiated early in their commitment. 
1499         Section 53. This act shall take effect July 1, 2010.