Bill Text: FL S2490 | 2010 | Regular Session | Introduced
Bill Title: Department of Children and Family Services [SPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Children, Families, and Elder Affairs, companion bill(s) passed, see CS/CS/SB 1412 (Ch. 2010-102) [S2490 Detail]
Download: Florida-2010-S2490-Introduced.html
Florida Senate - 2010 SB 2490 By Senator Storms 10-00777B-10 20102490__ 1 A bill to be entitled 2 An act relating to the Department of Children and 3 Family Services; amending s. 20.04, F.S.; authorizing 4 the department to establish circuits and regions 5 headed by circuit administrators and regional 6 directors; amending s. 20.19, F.S.; revising 7 provisions relating to the establishment of the 8 department; changing the name of the department to the 9 “Department of Children and Families”; providing for 10 operating units called circuits and regions based on 11 judicial circuits; deleting provisions relating to the 12 program directors for mental health and substance 13 abuse, the service districts, child protection 14 workers, the membership of community alliances, and 15 the prototype region; amending ss. 20.43, 39.01, and 16 394.78, F.S.; conforming cross-references; amending s. 17 420.622, F.S.; deleting the requirement for the 18 Governor to appoint an executive director to the State 19 Office on Homelessness and for the Council on 20 Homelessness to review the director’s performance; 21 providing for legislation to conform the Florida 22 Statutes to changes made by the act; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsections (4) of section 20.04, Florida 28 Statutes, is amended to read: 29 20.04 Structure of executive branch.—The executive branch 30 of state government is structured as follows: 31 (4) Within the Department of Children and Family Services 32 there are organizational units called “program offices,” headed 33 by program directors, and geographical units called “circuits” 34 and “regions,” headed by circuit administrators and region 35 directors, respectively. 36 Section 2. Section 20.19, Florida Statutes, is amended to 37 read: 38 (Substantial rewording of section. See 39 s. 20.19, F.S., for present text.) 40 20.19 Department of Children and Families.—There is created 41 a Department of Children and Families. 42 (1) MISSION AND PLAN.— 43 (a) The mission of the Department of Children and Families 44 is to work in partnership with local communities to ensure the 45 safety, well-being, and self-sufficiency of the people served. 46 (b) The department shall develop a strategic plan for 47 fulfilling its mission and establish a set of measurable goals, 48 objectives, performance standards, and quality assurance 49 requirements to ensure that the department is accountable to the 50 people of Florida. 51 (c) To the extent allowed by law and within specific 52 appropriations, the department shall deliver services by 53 contract through private providers. 54 (2) SECRETARY OF CHILDREN AND FAMILIES.— 55 (a) The head of the department is the Secretary of Children 56 and Families. The Governor shall appoint the secretary, who is 57 subject to confirmation by the Senate. The secretary serves at 58 the pleasure of the Governor. 59 (b) The secretary is responsible for planning, 60 coordinating, and managing the delivery of all services that are 61 the responsibility of the department. 62 (c) The secretary shall appoint a deputy secretary who 63 shall act in the absence of the secretary. The deputy secretary 64 is directly responsible to the secretary, performs such duties 65 as are assigned by the secretary, and serves at the pleasure of 66 the secretary. 67 (d) The secretary may establish assistant secretary 68 positions as necessary to administer the requirements of this 69 section and, at a minimum, shall establish an Assistant 70 Secretary for Substance Abuse and Mental Health. All persons 71 appointed to such positions serve at the pleasure of the 72 secretary. 73 (3) SERVICES PROVIDED.— 74 (a) The department may establish program offices, each of 75 which shall be headed by a program director who shall be 76 appointed by and serve at the pleasure of the secretary. 77 (b) The following program offices shall be established: 78 1. Adult protection. 79 2. Child care. 80 3. Domestic violence. 81 4. Economic self-sufficiency. 82 5. Family safety. 83 6. Homelessness. 84 7. Mental health. 85 8. Refugee services. 86 9. Substance abuse. 87 (c) Program offices may be consolidated, restructured, or 88 rearranged by the secretary, in consultation with the Executive 89 Office of the Governor, if such consolidation, restructuring, or 90 rearranging supports the functions and activities, and achieves 91 the outcomes, required by state and federal laws and rules. The 92 secretary may appoint additional program directors as necessary 93 for the effective management of program services provided by the 94 department. 95 (4) OPERATING UNITS.— 96 (a) The department shall plan and administer its program 97 services through operating units that conform to the geographic 98 boundaries of the judicial circuits established in s. 26.021. 99 The department may also establish regional divisions consisting 100 of one or more judicial circuit operating units. 101 (b) The secretary may appoint a circuit administrator and 102 region director for each circuit and region who shall serve at 103 the pleasure of the secretary and shall perform such duties as 104 are assigned by the secretary. 105 (5) COMMUNITY ALLIANCES AND PARTNERSHIPS AUTHORIZED.—The 106 department shall, in consultation with local communities, 107 establish a community alliance and other community partnerships 108 consisting of stakeholders, community leaders, client 109 representatives, and those who fund human services in each 110 judicial circuit to provide a focal point for community 111 participation and governance of community-based services. The 112 community alliance and partnerships must represent the diversity 113 of the community. The secretary may also establish advisory 114 groups at the state level as necessary to ensure and enhance 115 communication and liaison with stakeholders, community leaders, 116 and client representatives. 117 (a) The duties of a community alliance and partnership may 118 include, but are not limited to: 119 1. Joint planning for resource use in the community, 120 including resources appropriated to the department, and any 121 funds that local funding sources choose to provide. 122 2. Needs assessment and establishment of community 123 priorities for service delivery. 124 3. Determining community outcome goals to supplement state 125 required outcomes. 126 4. Serving as a catalyst for community resource 127 development. 128 5. Providing for community education and advocacy on issues 129 related to service delivery. 130 6. Promoting prevention and early intervention services. 131 (b) If community alliances and partnerships are 132 established, the department shall ensure, to the greatest extent 133 possible, that the formation of each community alliance and 134 partnership builds on the strengths of the existing community 135 human services infrastructure. 136 (c) Members of the community alliances, partnerships, and 137 advisory groups shall serve without compensation, but are 138 entitled to reimbursement for per diem and travel expenses as 139 provided in s. 112.061. Payment may also be authorized for 140 preapproved child care expenses or lost wages for members who 141 are consumers of services provided by the department, and for 142 preapproved child care expenses for other members who 143 demonstrate hardship. 144 (d) Members of community alliances, partnerships, and 145 advisory groups are subject to part III of chapter 112, the code 146 of ethics for public officers and employees. 147 (e) Actions taken by community alliances, partnerships, and 148 advisory groups must be consistent with department policy and 149 state and federal laws and rules. 150 (f) Alliance, partnership, and advisory group members must 151 annually submit a disclosure statement of any interest in 152 services provided by the department to the department’s 153 inspector general. Any member who has an interest in a matter 154 under consideration by the alliance or partnership must abstain 155 from voting on that matter. 156 (g) All alliance, partnership, and advisory group meetings 157 are open to the public pursuant to s. 286.011 and are subject to 158 the public-records provisions of s. 119.07(1). 159 Section 3. Subsection (5) of section 20.43, Florida 160 Statutes, is amended to read: 161 20.43 Department of Health.—There is created a Department 162 of Health. 163 (5) The department shall plan and administer its public 164 health programs through its county health departments and may, 165 for administrative purposes and efficient service delivery, 166 establish up to 15 service areas to carry out such duties as may 167 be prescribed by the State Surgeon General. The boundaries of 168 the service areas shallbe the same as, or combinations of, the169service districts of the Department of Children and Family170Services established in s.20.19and, to the extent practicable,171shalltake into consideration the boundaries of the jobs and 172 education regional boards. 173 Section 4. Subsection (27) of section 39.01, Florida 174 Statutes, is amended to read: 175 39.01 Definitions.—When used in this chapter, unless the 176 context otherwise requires: 177 (27) “District administrator” means the chief operating 178 officer of each service district of the department as defined in 179 s. 20.19(5)and, where appropriate, includes any district 180 administrator whose service district falls within the boundaries 181 of a judicial circuit. 182 Section 5. Subsection (5) of section 394.78, Florida 183 Statutes, is amended to read: 184 394.78 Operation and administration; personnel standards; 185 procedures for audit and monitoring of service providers; 186 resolution of disputes.— 187(5)In unresolved disputes regarding this part or rules188established pursuant to this part, providers and district health189and human services boards shall adhere to formal procedures190specified under s.20.19(8)(n).191 Section 6. Subsections (1) and (9) of section 420.622, 192 Florida Statutes, are amended to read: 193 420.622 State Office on Homelessness; Council on 194 Homelessness.— 195 (1) The State Office on Homelessness is created within the 196 Department of Children and Family Services to provide 197 interagency, council, and other related coordination on issues 198 relating to homelessness.An executive director of the office199shall be appointed by the Governor.200 (9)The council shall,By June 30 of each year, the council 201 shall providebeginning in 2010, issue to the Governor, the202President of the Senate, the Speaker of the House of203Representatives, and the Secretary of Children and Family204Services an evaluation of the executive director’s performance205in fulfilling the statutory duties of the office, a report206summarizing the council’s recommendations to the office and the207corresponding actions taken by the office, and any208 recommendations to the Legislature for reducingproposals to209reducehomelessness in this state. 210 Section 7. During the 2011 regular legislative session, the 211 Legislature shall adopt legislation to conform the Florida 212 Statutes to the provisions of this act. 213 Section 8. This act shall take effect upon becoming a law.