November 24, 2020
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       Florida Senate - 2010                              CS for SB 724
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Storms
       
       
       
       586-03219-10                                           2010724c1
    1                        A bill to be entitled                      
    2         An act relating to a review of the Department of
    3         Children and Family Services under the Florida
    4         Government Accountability Act; reenacting and amending
    5         s. 20.19, F.S., relating to the establishment of the
    6         department; changing the name of the Department of
    7         Children and Family Services to the Department of
    8         Children and Families; revising provisions relating to
    9         the establishment and structure of, and services
   10         provided by, the department; providing for operating
   11         units called circuits that conform to the geographic
   12         boundaries of judicial circuits; providing for the
   13         establishment of and requirements for membership and
   14         participation in community alliances and community
   15         partnerships; amending s. 20.04, F.S.; authorizing the
   16         department to establish circuits or regions headed by
   17         circuit administrators or region directors and
   18         deleting a requirement for statutory enactment for
   19         additional divisions or offices in the department;
   20         amending s. 20.43, F.S.; revising provisions relating
   21         to service area boundaries; amending s. 394.47865,
   22         F.S.; deleting provisions relating to distribution of
   23         privatization savings to specified service districts
   24         to conform to changes made by the act; amending s.
   25         394.655, F.S.; extending the expiration date of the
   26         Substance Abuse and Mental Health Corporation;
   27         amending s. 394.78, F.S.; deleting an obsolete
   28         provision relating to dispute resolution; amending s.
   29         394.9135, F.S.; requiring the transfer of certain
   30         sexually violent offenders to the custody of the
   31         United States Immigration and Customs Enforcement;
   32         requiring that the department put into place a
   33         memorandum of understanding for retaining custody of
   34         such an offender under certain circumstances; amending
   35         s. 402.313, F.S.; revising licensure requirements for
   36         family day care homes; amending s. 402.315, F.S.;
   37         requiring the county, rather than the department, to
   38         bear the costs of licensing family day care homes,
   39         under certain circumstances; amending s. 402.40, F.S.;
   40         defining the terms “child welfare certification” and
   41         “core competency”; requiring that professionals
   42         providing child welfare services demonstrate core
   43         competency; requiring that the department recognize
   44         certain certifications; requiring that certain persons
   45         hold active certification; amending s. 420.621, F.S.;
   46         revising the definition of the term “district” to
   47         conform to changes made by the act; amending s.
   48         420.622, F.S.; deleting a requirement for the Governor
   49         to appoint the executive director of the State Office
   50         of Homelessness; conforming a provision; amending ss.
   51         39.01, 39.0121, 39.301, 39.302, 39.303, 39.806,
   52         39.828, 381.0072, 394.493, 394.4985, 394.67, 394.73,
   53         394.74, 394.75, 394.76, 394.82, 394.9084, 397.821,
   54         402.49, 409.152, 409.1671, 409.1755, 410.0245,
   55         410.603, 410.604, 411.224, 414.24, 415.1113, 420.623,
   56         420.625, 429.35, and 1002.67, F.S.; revising
   57         provisions to conform to changes made by the act;
   58         correcting cross-references; repealing ss. 39.311,
   59         39.312, 39.313, 39.314, 39.315, 39.316, 39.317, and
   60         39.318, F.S., relating to the Family Builders Program;
   61         repealing s. 394.9083, F.S., relating to the
   62         Behavioral Health Services Integration Workgroup;
   63         repealing s. 402.35, F.S., which provides for
   64         department employees to be governed by Department of
   65         Management Services rules; directing the Division of
   66         Statutory Revision to prepare a reviser’s bill;
   67         requiring the Agency for Persons with Disabilities to
   68         prepare a plan to perform its own administrative and
   69         operational functions separate from the department;
   70         directing the department to define legal services
   71         associated with dependency proceeding and modify lead
   72         agency funding; directing the department to establish
   73         a procedure for assisting certain undocumented aliens
   74         in returning to their country of origin; directing the
   75         department to institute a program for identifying
   76         undocumented aliens in mental health institutions who
   77         may be appropriate candidates for removal; providing
   78         an effective date.
   79  
   80  Be It Enacted by the Legislature of the State of Florida:
   81  
   82         Section 1. Section 20.19, Florida Statutes, is reenacted
   83  and amended to read:
   84         (Substantial rewording of section. See
   85         s. 20.19, F.S., for present text.)
   86         20.19 Department of Children and Families.—There is created
   87  a Department of Children and Families.
   88         (1)MISSION AND PLAN.—
   89         (a)The mission of the Department of Children and Families
   90  is to work in partnership with local communities to ensure the
   91  safety, well-being, and self-sufficiency of the people served.
   92         (b)The department shall develop a strategic plan for
   93  fulfilling its mission and establish a set of measurable goals,
   94  objectives, performance standards, and quality assurance
   95  requirements to ensure that the department is accountable to the
   96  people of Florida.
   97         (c)To the extent allowed by law and within specific
   98  appropriations, the department shall deliver services by
   99  contract through private providers.
  100         (2) SECRETARY OF CHILDREN AND FAMILIES.—
  101         (a) The head of the department is the Secretary of Children
  102  and Families. The Governor shall appoint the secretary, who is
  103  subject to confirmation by the Senate. The secretary serves at
  104  the pleasure of the Governor.
  105         (b) The secretary is responsible for planning,
  106  coordinating, and managing the delivery of all services that are
  107  the responsibility of the department.
  108         (c) The secretary shall appoint a deputy secretary who
  109  shall act in the absence of the secretary. The deputy secretary
  110  is directly responsible to the secretary, performs such duties
  111  as are assigned by the secretary, and serves at the pleasure of
  112  the secretary.
  113         (d) The secretary shall appoint an Assistant Secretary for
  114  Substance Abuse and Mental Health and may establish assistant
  115  secretary positions as necessary to administer the requirements
  116  of this section. All persons appointed to such positions shall
  117  serve at the pleasure of the secretary. The department shall
  118  integrate substance abuse and mental health programs into the
  119  overall structure and priorities of the department.
  120         (3) SERVICES PROVIDED.—
  121         (a) The department shall establish the following program
  122  offices, each of which shall be headed by a program director who
  123  shall be appointed by and serve at the pleasure of the
  124  secretary:
  125         1. Adult protection.
  126         2. Child care licensure.
  127         3. Domestic violence.
  128         4. Economic self-sufficiency.
  129         5. Family safety.
  130         6. Mental health.
  131         7. Refugee services.
  132         8. Substance abuse.
  133         9. Homelessness.
  134         (b) The secretary may appoint additional directors as
  135  necessary for the effective management of the program services
  136  provided by the department.
  137         (4) OPERATING UNITS.—
  138         (a) The department shall plan and administer its program
  139  services through operating units called “circuits” that conform
  140  to the geographic boundaries of the judicial circuits
  141  established in s. 26.021. The department may also establish one
  142  or more regions consisting of one or more circuits. A region
  143  shall provide administrative, management, and infrastructure
  144  support to the circuits operating within the region. The region
  145  shall consolidate support functions to provide the most
  146  efficient use of resources to support the circuits operating
  147  within the region.
  148         (b) The secretary may appoint a circuit administrator for
  149  each circuit and a region director for each region who shall
  150  serve at the pleasure of the secretary and shall perform such
  151  duties as are assigned by the secretary.
  152         (5) COMMUNITY ALLIANCES AND PARTNERSHIPS; ADVISORY GROUPS.
  153  The department may, or at the request of a county government
  154  shall, establish in each circuit one or more community alliances
  155  or community partnerships. The purpose of a community alliance
  156  or community partnership is to provide a focal point for
  157  community participation and the governance of community-based
  158  services. The membership of a community alliance or community
  159  partnership shall represent the diversity of a community and
  160  consist of stakeholders, community leaders, client
  161  representatives, and entities that fund human services. The
  162  secretary may also establish advisory groups at the state level
  163  as necessary to ensure and enhance communication and provide
  164  liaison with stakeholders, community leaders, and client
  165  representatives.
  166         (a) The duties of a community alliance or community
  167  partnership may include, but are not limited to:
  168         1. Participating in joint planning for the effective use of
  169  resources in the community, including resources appropriated to
  170  the department, and any funds that local funding sources choose
  171  to provide.
  172         2. Performing a needs assessment and establishing community
  173  priorities for service delivery.
  174         3. Determining community outcome goals to supplement state
  175  required outcomes.
  176         4. Serving as a catalyst for community resource
  177  development.
  178         5. Providing for community education and advocacy on issues
  179  related to service delivery.
  180         6. Promoting prevention and early intervention services.
  181         (b) If one or more community alliances or community
  182  partnerships are established in a circuit, the department shall
  183  ensure, to the greatest extent possible, that the formation of
  184  each alliance or partnership builds on the strengths of the
  185  existing community human services infrastructure.
  186         (c) Members of community alliances, community partnerships,
  187  and advisory groups shall serve without compensation, but are
  188  entitled to reimbursement for per diem and travel expenses in
  189  accordance with s. 112.061. The department may also authorize
  190  payment for preapproved child care expenses or lost wages for
  191  members who are consumers of services provided by the
  192  department.
  193         (d) Members of community alliances, community partnerships,
  194  and advisory groups are subject to part III of chapter 112, the
  195  Code of Ethics for Public Officers and Employees.
  196         (e) Actions taken by community alliances, community
  197  partnerships, and advisory groups must be consistent with
  198  department policy and state and federal laws, rules, and
  199  regulations.
  200         (f) Each member of a community alliance, community
  201  partnership, or advisory group must submit annually to the
  202  inspector general of the department a disclosure statement of
  203  any interest in services provided by the department. Any member
  204  who has an interest in a matter under consideration by the
  205  community alliance, community partnership, or advisory group
  206  must abstain from voting on that matter.
  207         (g) All meetings of community alliances, community
  208  partnerships, and advisory groups are open to the public
  209  pursuant to s. 286.011 and are subject to the public-records
  210  provisions of s. 119.07(1).
  211         (6) CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.—It is
  212  the intent of the Legislature that when county governments are
  213  required by law to participate in the funding of programs
  214  serviced by the department, the department shall consult with
  215  designated representatives of county governments in developing
  216  policies and service delivery plans for those programs.
  217         Section 2. Subsection (4) and paragraph (b) of subsection
  218  (7) of section 20.04, Florida Statutes, are amended to read:
  219         20.04 Structure of executive branch.—The executive branch
  220  of state government is structured as follows:
  221         (4) Within the Department of Children and Families Family
  222  Services there are organizational units called “program
  223  offices,” headed by program directors, and operating units
  224  called “circuits,” headed by circuit administrators. In
  225  addition, there may be “regions,” headed by region directors.
  226         (7)
  227         (b) Within the limitations of this subsection, the head of
  228  the department may recommend the establishment of additional
  229  divisions, bureaus, sections, and subsections of the department
  230  to promote efficient and effective operation of the department.
  231  However, additional divisions, or offices in the Department of
  232  Children and Family Services, the Department of Corrections, and
  233  the Department of Transportation, may be established only by
  234  specific statutory enactment. New bureaus, sections, and
  235  subsections of departments may be initiated by a department and
  236  established as recommended by the Department of Management
  237  Services and approved by the Executive Office of the Governor,
  238  or may be established by specific statutory enactment.
  239         Section 3. Subsection (5) of section 20.43, Florida
  240  Statutes, is amended to read:
  241         20.43 Department of Health.—There is created a Department
  242  of Health.
  243         (5) The department shall plan and administer its public
  244  health programs through its county health departments and may,
  245  for administrative purposes and efficient service delivery,
  246  establish up to 15 service areas to carry out such duties as may
  247  be prescribed by the State Surgeon General. The boundaries of
  248  the service areas shall be the same as, or combinations of, the
  249  service districts of the Department of Children and Family
  250  Services established in s. 20.19 and, to the extent practicable,
  251  shall take into consideration the boundaries of the jobs and
  252  education regional boards.
  253         Section 4. Subsections (18) through (76) of section 39.01,
  254  Florida Statutes, are renumbered as subsections (19) through
  255  (75), respectively, subsection (10) is amended, present
  256  subsection (26) is repealed, and present subsection (27) of that
  257  section is renumbered as subsection (18) and amended, to read:
  258         39.01 Definitions.—When used in this chapter, unless the
  259  context otherwise requires:
  260         (10) “Caregiver” means the parent, legal custodian,
  261  permanent guardian, adult household member, or other person
  262  responsible for a child’s welfare as defined in subsection (46)
  263  (47).
  264         (26) “District” means any one of the 15 service districts
  265  of the department established pursuant to s. 20.19.
  266         (18)(27) “Circuit District administrator” means the chief
  267  operating officer of each circuit service district of the
  268  department as defined in s. 20.19(5) and, where appropriate,
  269  includes any district administrator whose service district falls
  270  within the boundaries of a judicial circuit.
  271         Section 5. Subsection (10) of section 39.0121, Florida
  272  Statutes, is amended to read:
  273         39.0121 Specific rulemaking authority.—Pursuant to the
  274  requirements of s. 120.536, the department is specifically
  275  authorized to adopt, amend, and repeal administrative rules
  276  which implement or interpret law or policy, or describe the
  277  procedure and practice requirements necessary to implement this
  278  chapter, including, but not limited to, the following:
  279         (10) The Family Builders Program, the Intensive Crisis
  280  Counseling Program, and any other early intervention programs
  281  and kinship care assistance programs.
  282         Section 6. Paragraph (a) of subsection (15) of section
  283  39.301, Florida Statutes, is amended to read:
  284         39.301 Initiation of protective investigations.—
  285         (15)(a) If the department or its agent determines that a
  286  child requires immediate or long-term protection through:
  287         1. Medical or other health care; or
  288         2. Homemaker care, day care, protective supervision, or
  289  other services to stabilize the home environment, including
  290  intensive family preservation services through the Family
  291  Builders Program or the Intensive Crisis Counseling Program, or
  292  both,
  293  
  294  such services shall first be offered for voluntary acceptance
  295  unless there are high-risk factors that may impact the ability
  296  of the parents or legal custodians to exercise judgment. Such
  297  factors may include the parents’ or legal custodians’ young age
  298  or history of substance abuse or domestic violence.
  299         Section 7. Subsection (1) of section 39.302, Florida
  300  Statutes, is amended to read:
  301         39.302 Protective investigations of institutional child
  302  abuse, abandonment, or neglect.—
  303         (1) The department shall conduct a child protective
  304  investigation of each report of institutional child abuse,
  305  abandonment, or neglect. Upon receipt of a report that alleges
  306  that an employee or agent of the department, or any other entity
  307  or person covered by s. 39.01(32)(33) or (46)(47), acting in an
  308  official capacity, has committed an act of child abuse,
  309  abandonment, or neglect, the department shall initiate a child
  310  protective investigation within the timeframe established under
  311  s. 39.201(5) and orally notify the appropriate state attorney,
  312  law enforcement agency, and licensing agency, which shall
  313  immediately conduct a joint investigation, unless independent
  314  investigations are more feasible. When conducting investigations
  315  onsite or having face-to-face interviews with the child,
  316  investigation visits shall be unannounced unless it is
  317  determined by the department or its agent that unannounced
  318  visits threaten the safety of the child. If a facility is exempt
  319  from licensing, the department shall inform the owner or
  320  operator of the facility of the report. Each agency conducting a
  321  joint investigation is entitled to full access to the
  322  information gathered by the department in the course of the
  323  investigation. A protective investigation must include an onsite
  324  visit of the child’s place of residence. The department shall
  325  make a full written report to the state attorney within 3
  326  working days after making the oral report. A criminal
  327  investigation shall be coordinated, whenever possible, with the
  328  child protective investigation of the department. Any interested
  329  person who has information regarding the offenses described in
  330  this subsection may forward a statement to the state attorney as
  331  to whether prosecution is warranted and appropriate. Within 15
  332  days after the completion of the investigation, the state
  333  attorney shall report the findings to the department and shall
  334  include in the report a determination of whether or not
  335  prosecution is justified and appropriate in view of the
  336  circumstances of the specific case.
  337         Section 8. Section 39.303, Florida Statutes, is amended to
  338  read:
  339         39.303 Child protection teams; services; eligible cases.
  340  The Children’s Medical Services Program in the Department of
  341  Health shall develop, maintain, and coordinate the services of
  342  one or more multidisciplinary child protection teams in each of
  343  the circuits service districts of the Department of Children and
  344  Families Family Services. Such teams may be composed of
  345  appropriate representatives of school districts and appropriate
  346  health, mental health, social service, legal service, and law
  347  enforcement agencies. The Legislature finds that optimal
  348  coordination of child protection teams and sexual abuse
  349  treatment programs requires collaboration between the Department
  350  of Health and the Department of Children and Families Family
  351  Services. The two departments shall maintain an interagency
  352  agreement that establishes protocols for oversight and
  353  operations of child protection teams and sexual abuse treatment
  354  programs. The State Surgeon General and the Deputy Secretary for
  355  Children’s Medical Services, in consultation with the Secretary
  356  of Children and Families Family Services, shall maintain the
  357  responsibility for the screening, employment, and, if necessary,
  358  the termination of child protection team medical directors, at
  359  headquarters and in the circuits 15 districts. Child protection
  360  team medical directors shall be responsible for oversight of the
  361  teams in the circuits districts.
  362         (1) The Department of Health shall utilize and convene the
  363  teams to supplement the assessment and protective supervision
  364  activities of the family safety and preservation program of the
  365  Department of Children and Families Family Services. Nothing in
  366  this section shall be construed to remove or reduce the duty and
  367  responsibility of any person to report pursuant to this chapter
  368  all suspected or actual cases of child abuse, abandonment, or
  369  neglect or sexual abuse of a child. The role of the teams shall
  370  be to support activities of the program and to provide services
  371  deemed by the teams to be necessary and appropriate to abused,
  372  abandoned, and neglected children upon referral. The specialized
  373  diagnostic assessment, evaluation, coordination, consultation,
  374  and other supportive services that a child protection team shall
  375  be capable of providing include, but are not limited to, the
  376  following:
  377         (a) Medical diagnosis and evaluation services, including
  378  provision or interpretation of X rays and laboratory tests, and
  379  related services, as needed, and documentation of findings
  380  relative thereto.
  381         (b) Telephone consultation services in emergencies and in
  382  other situations.
  383         (c) Medical evaluation related to abuse, abandonment, or
  384  neglect, as defined by policy or rule of the Department of
  385  Health.
  386         (d) Such psychological and psychiatric diagnosis and
  387  evaluation services for the child or the child’s parent or
  388  parents, legal custodian or custodians, or other caregivers, or
  389  any other individual involved in a child abuse, abandonment, or
  390  neglect case, as the team may determine to be needed.
  391         (e) Expert medical, psychological, and related professional
  392  testimony in court cases.
  393         (f) Case staffings to develop treatment plans for children
  394  whose cases have been referred to the team. A child protection
  395  team may provide consultation with respect to a child who is
  396  alleged or is shown to be abused, abandoned, or neglected, which
  397  consultation shall be provided at the request of a
  398  representative of the family safety and preservation program or
  399  at the request of any other professional involved with a child
  400  or the child’s parent or parents, legal custodian or custodians,
  401  or other caregivers. In every such child protection team case
  402  staffing, consultation, or staff activity involving a child, a
  403  family safety and preservation program representative shall
  404  attend and participate.
  405         (g) Case service coordination and assistance, including the
  406  location of services available from other public and private
  407  agencies in the community.
  408         (h) Such training services for program and other employees
  409  of the Department of Children and Families Family Services,
  410  employees of the Department of Health, and other medical
  411  professionals as is deemed appropriate to enable them to develop
  412  and maintain their professional skills and abilities in handling
  413  child abuse, abandonment, and neglect cases.
  414         (i) Educational and community awareness campaigns on child
  415  abuse, abandonment, and neglect in an effort to enable citizens
  416  more successfully to prevent, identify, and treat child abuse,
  417  abandonment, and neglect in the community.
  418         (j) Child protection team assessments that include, as
  419  appropriate, medical evaluations, medical consultations, family
  420  psychosocial interviews, specialized clinical interviews, or
  421  forensic interviews.
  422  
  423  All medical personnel participating on a child protection team
  424  must successfully complete the required child protection team
  425  training curriculum as set forth in protocols determined by the
  426  Deputy Secretary for Children’s Medical Services and the
  427  Statewide Medical Director for Child Protection.
  428         (2) The child abuse, abandonment, and neglect reports that
  429  must be referred by the department to child protection teams of
  430  the Department of Health for an assessment and other appropriate
  431  available support services as set forth in subsection (1) must
  432  include cases involving:
  433         (a) Injuries to the head, bruises to the neck or head,
  434  burns, or fractures in a child of any age.
  435         (b) Bruises anywhere on a child 5 years of age or under.
  436         (c) Any report alleging sexual abuse of a child.
  437         (d) Any sexually transmitted disease in a prepubescent
  438  child.
  439         (e) Reported malnutrition of a child and failure of a child
  440  to thrive.
  441         (f) Reported medical neglect of a child.
  442         (g) Any family in which one or more children have been
  443  pronounced dead on arrival at a hospital or other health care
  444  facility, or have been injured and later died, as a result of
  445  suspected abuse, abandonment, or neglect, when any sibling or
  446  other child remains in the home.
  447         (h) Symptoms of serious emotional problems in a child when
  448  emotional or other abuse, abandonment, or neglect is suspected.
  449         (3) All abuse and neglect cases transmitted for
  450  investigation to a circuit district by the hotline must be
  451  simultaneously transmitted to the Department of Health child
  452  protection team for review. For the purpose of determining
  453  whether face-to-face medical evaluation by a child protection
  454  team is necessary, all cases transmitted to the child protection
  455  team which meet the criteria in subsection (2) must be timely
  456  reviewed by:
  457         (a) A physician licensed under chapter 458 or chapter 459
  458  who holds board certification in pediatrics and is a member of a
  459  child protection team;
  460         (b) A physician licensed under chapter 458 or chapter 459
  461  who holds board certification in a specialty other than
  462  pediatrics, who may complete the review only when working under
  463  the direction of a physician licensed under chapter 458 or
  464  chapter 459 who holds board certification in pediatrics and is a
  465  member of a child protection team;
  466         (c) An advanced registered nurse practitioner licensed
  467  under chapter 464 who has a specialty speciality in pediatrics
  468  or family medicine and is a member of a child protection team;
  469         (d) A physician assistant licensed under chapter 458 or
  470  chapter 459, who may complete the review only when working under
  471  the supervision of a physician licensed under chapter 458 or
  472  chapter 459 who holds board certification in pediatrics and is a
  473  member of a child protection team; or
  474         (e) A registered nurse licensed under chapter 464, who may
  475  complete the review only when working under the direct
  476  supervision of a physician licensed under chapter 458 or chapter
  477  459 who holds certification in pediatrics and is a member of a
  478  child protection team.
  479         (4) A face-to-face medical evaluation by a child protection
  480  team is not necessary when:
  481         (a) The child was examined for the alleged abuse or neglect
  482  by a physician who is not a member of the child protection team,
  483  and a consultation between the child protection team board
  484  certified pediatrician, advanced registered nurse practitioner,
  485  physician assistant working under the supervision of a child
  486  protection team board-certified pediatrician, or registered
  487  nurse working under the direct supervision of a child protection
  488  team board-certified pediatrician, and the examining physician
  489  concludes that a further medical evaluation is unnecessary;
  490         (b) The child protective investigator, with supervisory
  491  approval, has determined, after conducting a child safety
  492  assessment, that there are no indications of injuries as
  493  described in paragraphs (2)(a)-(h) as reported; or
  494         (c) The child protection team board-certified pediatrician,
  495  as authorized in subsection (3), determines that a medical
  496  evaluation is not required.
  497  
  498  Notwithstanding paragraphs (a), (b), and (c), a child protection
  499  team pediatrician, as authorized in subsection (3), may
  500  determine that a face-to-face medical evaluation is necessary.
  501         (5) In all instances in which a child protection team is
  502  providing certain services to abused, abandoned, or neglected
  503  children, other offices and units of the Department of Health,
  504  and offices and units of the Department of Children and Families
  505  Family Services, shall avoid duplicating the provision of those
  506  services.
  507         (6) The Department of Health child protection team quality
  508  assurance program and the Department of Children and Families’
  509  Family Services’ Family Safety Program Office quality assurance
  510  program shall collaborate to ensure referrals and responses to
  511  child abuse, abandonment, and neglect reports are appropriate.
  512  Each quality assurance program shall include a review of records
  513  in which there are no findings of abuse, abandonment, or
  514  neglect, and the findings of these reviews shall be included in
  515  each department’s quality assurance reports.
  516         Section 9. Paragraph (k) of subsection (1) of section
  517  39.806, Florida Statutes, is amended to read:
  518         39.806 Grounds for termination of parental rights.—
  519         (1) Grounds for the termination of parental rights may be
  520  established under any of the following circumstances:
  521         (k) A test administered at birth that indicated that the
  522  child’s blood, urine, or meconium contained any amount of
  523  alcohol or a controlled substance or metabolites of such
  524  substances, the presence of which was not the result of medical
  525  treatment administered to the mother or the newborn infant, and
  526  the biological mother of the child is the biological mother of
  527  at least one other child who was adjudicated dependent after a
  528  finding of harm to the child’s health or welfare due to exposure
  529  to a controlled substance or alcohol as defined in s.
  530  39.01(31)(32)(g), after which the biological mother had the
  531  opportunity to participate in substance abuse treatment.
  532         Section 10. Paragraph (a) of subsection (1) of section
  533  39.828, Florida Statutes, is amended to read:
  534         39.828 Grounds for appointment of a guardian advocate.—
  535         (1) The court shall appoint the person named in the
  536  petition as a guardian advocate with all the powers and duties
  537  specified in s. 39.829 for an initial term of 1 year upon a
  538  finding that:
  539         (a) The child named in the petition is or was a drug
  540  dependent newborn as described in s. 39.01(31)(32)(g);
  541         (b) The parent or parents of the child have voluntarily
  542  relinquished temporary custody of the child to a relative or
  543  other responsible adult;
  544         (c) The person named in the petition to be appointed the
  545  guardian advocate is capable of carrying out the duties as
  546  provided in s. 39.829; and
  547         (d) A petition to adjudicate the child dependent under this
  548  chapter has not been filed.
  549         Section 11. Paragraph (a) of subsection (3) of section
  550  381.0072, Florida Statutes, is amended to read:
  551         381.0072 Food service protection.—It shall be the duty of
  552  the Department of Health to adopt and enforce sanitation rules
  553  consistent with law to ensure the protection of the public from
  554  food-borne illness. These rules shall provide the standards and
  555  requirements for the storage, preparation, serving, or display
  556  of food in food service establishments as defined in this
  557  section and which are not permitted or licensed under chapter
  558  500 or chapter 509.
  559         (3) LICENSES REQUIRED.—
  560         (a) Licenses; annual renewals.—Each food service
  561  establishment regulated under this section shall obtain a
  562  license from the department annually. Food service establishment
  563  licenses shall expire annually and are not transferable from one
  564  place or individual to another. However, those facilities
  565  licensed by the department’s Office of Licensure and
  566  Certification, the Child Care Licensure Services Program Office,
  567  or the Agency for Persons with Disabilities are exempt from this
  568  subsection. It shall be a misdemeanor of the second degree,
  569  punishable as provided in s. 381.0061, s. 775.082, or s.
  570  775.083, for such an establishment to operate without this
  571  license. The department may refuse a license, or a renewal
  572  thereof, to any establishment that is not constructed or
  573  maintained in accordance with law and with the rules of the
  574  department. Annual application for renewal is not required.
  575         Section 12. Subsection (3) of section 394.47865, Florida
  576  Statutes, is amended to read:
  577         394.47865 South Florida State Hospital; privatization.—
  578         (3)(a) Current South Florida State Hospital employees who
  579  are affected by the privatization shall be given first
  580  preference for continued employment by the contractor. The
  581  department shall make reasonable efforts to find suitable job
  582  placements for employees who wish to remain within the state
  583  Career Service System.
  584         (b) Any savings that result from the privatization of South
  585  Florida State Hospital shall be directed to the department’s
  586  service districts 9, 10, and 11 for the delivery of community
  587  mental health services.
  588         Section 13. Subsection (2) of section 394.493, Florida
  589  Statutes, is amended to read:
  590         394.493 Target populations for child and adolescent mental
  591  health services funded through the department.—
  592         (2) Each mental health provider under contract with the
  593  department to provide mental health services to the target
  594  population shall collect fees from the parent or legal guardian
  595  of the child or adolescent receiving services. The fees shall be
  596  based on a sliding fee scale for families whose net family
  597  income is at or above 150 percent of the Federal Poverty Income
  598  Guidelines. The department shall adopt, by rule, a sliding fee
  599  scale for statewide implementation. Fees collected from families
  600  shall be retained in the circuit service district and used for
  601  expanding child and adolescent mental health treatment services.
  602         Section 14. Section 394.4985, Florida Statutes, is amended
  603  to read:
  604         394.4985 Circuitwide Districtwide information and referral
  605  network; implementation.—
  606         (1) Each circuit service district of the Department of
  607  Children and Families Family Services shall develop a detailed
  608  implementation plan for a circuitwide districtwide comprehensive
  609  child and adolescent mental health information and referral
  610  network to be operational by July 1, 1999. The plan must include
  611  an operating budget that demonstrates cost efficiencies and
  612  identifies funding sources for the circuit district information
  613  and referral network. The plan must be submitted by the
  614  department to the Legislature by October 1, 1998. The circuit
  615  district shall use existing circuit district information and
  616  referral providers if, in the development of the plan, it is
  617  concluded that these providers would deliver information and
  618  referral services in a more efficient and effective manner when
  619  compared to other alternatives. The circuit district information
  620  and referral network must include:
  621         (a) A resource file that contains information about the
  622  child and adolescent mental health services as described in s.
  623  394.495, including, but not limited to:
  624         1. Type of program;
  625         2. Hours of service;
  626         3. Ages of persons served;
  627         4. Program description;
  628         5. Eligibility requirements; and
  629         6. Fees.
  630         (b) Information about private providers and professionals
  631  in the community which serve children and adolescents with an
  632  emotional disturbance.
  633         (c) A system to document requests for services that are
  634  received through the network referral process, including, but
  635  not limited to:
  636         1. Number of calls by type of service requested;
  637         2. Ages of the children and adolescents for whom services
  638  are requested; and
  639         3. Type of referral made by the network.
  640         (d) The ability to share client information with the
  641  appropriate community agencies.
  642         (e) The submission of an annual report to the department,
  643  the Agency for Health Care Administration, and appropriate local
  644  government entities, which contains information about the
  645  sources and frequency of requests for information, types and
  646  frequency of services requested, and types and frequency of
  647  referrals made.
  648         (2) In planning the information and referral network, the
  649  circuit district shall consider the establishment of a 24-hour
  650  toll-free telephone number, staffed at all times, for parents
  651  and other persons to call for information that concerns child
  652  and adolescent mental health services and a community public
  653  service campaign to inform the public about information and
  654  referral services.
  655         Section 15. Subsection (12) of section 394.655, Florida
  656  Statutes, is amended to read:
  657         394.655 The Substance Abuse and Mental Health Corporation;
  658  powers and duties; composition; evaluation and reporting
  659  requirements.—
  660         (12) This section expires on October 1, 2015 2011, unless
  661  reviewed and reenacted by the Legislature before that date.
  662         Section 16. Subsections (2) through (6) of section 394.67,
  663  Florida Statutes, are renumbered as subsections (4) and (8),
  664  respectively, and present subsections (7) and (8) are renumbered
  665  as subsections (2) and (3), respectively, and amended to read:
  666         394.67 Definitions.—As used in this part, the term:
  667         (2)(7) “Circuit District administrator” means the person
  668  appointed by the Secretary of Children and Families Family
  669  Services for the purpose of administering a department circuit
  670  service district as set forth in s. 20.19.
  671         (3)(8) “Circuit District plan” or “plan” means the combined
  672  circuit district substance abuse and mental health plan approved
  673  by the circuit district administrator and governing bodies in
  674  accordance with this part.
  675         Section 17. Section 394.73, Florida Statutes, is amended to
  676  read:
  677         394.73 Joint alcohol, drug abuse, and mental health service
  678  programs in two or more counties.—
  679         (1) Subject to rules established by the department, any
  680  county within a circuit service district shall have the same
  681  power to contract for alcohol, drug abuse, and mental health
  682  services as the department has under existing statutes.
  683         (2) In order to carry out the intent of this part and to
  684  provide alcohol, drug abuse, and mental health services in
  685  accordance with the circuit district plan, the counties within a
  686  circuit service district may enter into agreements with each
  687  other for the establishment of joint service programs. The
  688  agreements may provide for the joint provision or operation of
  689  services and facilities or for the provision or operation of
  690  services and facilities by one participating county under
  691  contract with other participating counties.
  692         (3) When a circuit service district comprises two or more
  693  counties or portions thereof, it is the obligation of the
  694  planning council to submit to the governing bodies, prior to the
  695  budget submission date of each governing body, an estimate of
  696  the proportionate share of costs of alcohol, drug abuse, and
  697  mental health services proposed to be borne by each such
  698  governing body.
  699         (4) Any county desiring to withdraw from a joint program
  700  may submit to the circuit district administrator a resolution
  701  requesting withdrawal therefrom together with a plan for the
  702  equitable adjustment and division of the assets, property,
  703  debts, and obligations, if any, of the joint program.
  704         Section 18. Paragraph (a) of subsection (3) of section
  705  394.74, Florida Statutes, is amended to read:
  706         394.74 Contracts for provision of local substance abuse and
  707  mental health programs.—
  708         (3) Contracts shall include, but are not limited to:
  709         (a) A provision that, within the limits of available
  710  resources, substance abuse and mental health crisis services, as
  711  defined in s. 394.67(5)(3), shall be available to any individual
  712  residing or employed within the service area, regardless of
  713  ability to pay for such services, current or past health
  714  condition, or any other factor;
  715         Section 19. Subsection (10) of section 394.75, Florida
  716  Statutes, is amended to read:
  717         394.75 State and circuit district substance abuse and
  718  mental health plans.—
  719         (10) The circuit district administrator shall ensure that
  720  the circuit district plan:
  721         (a) Conforms to the priorities in the state plan, the
  722  requirements of this part, and the standards adopted under this
  723  part;
  724         (b) Ensures that the most effective and economical use will
  725  be made of available public and private substance abuse and
  726  mental health resources in the circuit service district; and
  727         (c) Has adequate provisions made for review and evaluation
  728  of the services provided in the circuit service district.
  729         Section 20. Subsection (2) of section 394.76, Florida
  730  Statutes, is amended to read:
  731         394.76 Financing of circuit district programs and
  732  services.—If the local match funding level is not provided in
  733  the General Appropriations Act or the substantive bill
  734  implementing the General Appropriations Act, such funding level
  735  shall be provided as follows:
  736         (2) If in any fiscal year the approved state appropriation
  737  is insufficient to finance the programs and services specified
  738  by this part, the department shall have the authority to
  739  determine the amount of state funds available to each circuit
  740  service district for such purposes in accordance with the
  741  priorities in both the state and circuit district plans. The
  742  circuit district administrator shall consult with the planning
  743  council to ensure that the summary operating budget conforms to
  744  the approved plan.
  745         Section 21. Subsection (5) of section 394.78, Florida
  746  Statutes, is amended to read:
  747         394.78 Operation and administration; personnel standards;
  748  procedures for audit and monitoring of service providers;
  749  resolution of disputes.—
  750         (5) In unresolved disputes regarding this part or rules
  751  established pursuant to this part, providers and district health
  752  and human services boards shall adhere to formal procedures
  753  specified under s. 20.19(8)(n).
  754         Section 22. Subsections (3) and (4) of section 394.82,
  755  Florida Statutes, are amended to read:
  756         394.82 Funding of expanded services.—
  757         (3) Each fiscal year, any funding increases for crisis
  758  services or community mental health services that are included
  759  in the General Appropriations Act shall be appropriated in a
  760  lump-sum category as defined in s. 216.011(1)(aa). In accordance
  761  with s. 216.181(6)(a), the Executive Office of the Governor
  762  shall require the Department of Children and Families Family
  763  Services to submit a spending plan for the use of funds
  764  appropriated for this purpose. The spending plan must include a
  765  schedule for phasing in the new community mental health services
  766  in each circuit service district of the department and must
  767  describe how the new services will be integrated and coordinated
  768  with all current community-based health and human services.
  769         (4) By January 1, 2004, the crisis services defined in s.
  770  394.67(5)(3) shall be implemented, as appropriate, in the
  771  state’s public community mental health system to serve children
  772  and adults who are experiencing an acute mental or emotional
  773  crisis, as defined in s. 394.67(17). By January 1, 2006, the
  774  mental health services defined in s. 394.67(15) shall be
  775  implemented, as appropriate, in the state’s public community
  776  mental health system to serve adults and older adults who have a
  777  severe and persistent mental illness and to serve children who
  778  have a serious emotional disturbance or mental illness, as
  779  defined in s. 394.492(6).
  780         Section 23. Subsection (1) of section 394.9084, Florida
  781  Statutes, is amended to read:
  782         394.9084 Florida Self-Directed Care program.—
  783         (1) The Department of Children and Families Family
  784  Services, in cooperation with the Agency for Health Care
  785  Administration, may provide a client-directed and choice-based
  786  Florida Self-Directed Care program in all department circuits
  787  service districts, in addition to the pilot projects established
  788  in district 4 and district 8, to provide mental health treatment
  789  and support services to adults who have a serious mental
  790  illness. The department may also develop and implement a client
  791  directed and choice-based pilot project in one circuit district
  792  to provide mental health treatment and support services for
  793  children with a serious emotional disturbance who live at home.
  794  If established, any staff who work with children must be
  795  screened under s. 435.04. The department shall implement a
  796  payment mechanism in which each client controls the money that
  797  is available for that client’s mental health treatment and
  798  support services. The department shall establish interagency
  799  cooperative agreements and work with the agency, the Division of
  800  Vocational Rehabilitation, and the Social Security
  801  Administration to implement and administer the Florida Self
  802  Directed Care program.
  803         Section 24. Subsection (1) of section 397.821, Florida
  804  Statutes, is amended to read:
  805         397.821 Juvenile substance abuse impairment prevention and
  806  early intervention councils.—
  807         (1) Each judicial circuit as set forth in s. 26.021 may
  808  establish a juvenile substance abuse impairment prevention and
  809  early intervention council composed of at least 12 members,
  810  including representatives from law enforcement, the department,
  811  school districts, state attorney and public defender offices,
  812  the circuit court, the religious community, substance abuse
  813  impairment professionals, child advocates from the community,
  814  business leaders, parents, and high school students. However,
  815  those circuits which already have in operation a council of
  816  similar composition may designate the existing body as the
  817  juvenile substance abuse impairment prevention and early
  818  intervention council for the purposes of this section. Each
  819  council shall establish bylaws providing for the length of term
  820  of its members, but the term may not exceed 4 years. The circuit
  821  substate entity administrator, as defined in s. 20.19, and the
  822  chief judge of the circuit court shall each appoint six members
  823  of the council. The circuit substate entity administrator shall
  824  appoint a representative from the department, a school district
  825  representative, a substance abuse impairment treatment
  826  professional, a child advocate, a parent, and a high school
  827  student. The chief judge of the circuit court shall appoint a
  828  business leader and representatives from the state attorney’s
  829  office, the public defender’s office, the religious community,
  830  the circuit court, and law enforcement agencies.
  831         Section 25. Subsection (1) of section 394.9135, Florida
  832  Statutes, is amended to read:
  833         394.9135 Immediate releases from total confinement;
  834  transfer of person to department; time limitations on
  835  assessment, notification, and filing petition to hold in
  836  custody; filing petition after release.—
  837         (1) If the anticipated release from total confinement of a
  838  person who has been convicted of a sexually violent offense
  839  becomes immediate for any reason, the agency with jurisdiction
  840  shall upon immediate release from total confinement transfer
  841  that person:
  842         (a) To the custody of United States Immigration and Customs
  843  Enforcement if a detainer order is in place for the person; or
  844         (b) To the custody of the Department of Children and
  845  Families Family Services to be held in an appropriate secure
  846  facility.
  847  
  848  The department shall put into place a memorandum of
  849  understanding with United States Immigration and Customs
  850  Enforcement to ensure that if Immigration and Customs
  851  Enforcement is unable to deport the person for any reason, the
  852  person shall be immediately transferred back to the custody of
  853  the department for civil commitment and further proceedings
  854  under this section.
  855         Section 26. Subsection (1) of section 402.313, Florida
  856  Statutes, is amended to read:
  857         402.313 Family day care homes.—
  858         (1) Family day care homes shall be licensed under this act
  859  if they are presently being licensed under an existing county
  860  licensing ordinance, if they are participating in the subsidized
  861  child care program, or if the board of county commissioners
  862  passes a resolution that family day care homes be licensed. If
  863  no county authority exists for the licensing of a family day
  864  care home and the county passes a resolution requiring
  865  licensure, the department shall have the authority to license
  866  family day care homes under contract with the county for the
  867  purchase-of-service system in the subsidized child care program.
  868         (a) If not subject to license, family day care homes shall
  869  register annually with the department, providing the following
  870  information:
  871         1. The name and address of the home.
  872         2. The name of the operator.
  873         3. The number of children served.
  874         4. Proof of a written plan to provide at least one other
  875  competent adult to be available to substitute for the operator
  876  in an emergency. This plan shall include the name, address, and
  877  telephone number of the designated substitute.
  878         5. Proof of screening and background checks.
  879         6. Proof of successful completion of the 30-hour training
  880  course, as evidenced by passage of a competency examination,
  881  which shall include:
  882         a. State and local rules and regulations that govern child
  883  care.
  884         b. Health, safety, and nutrition.
  885         c. Identifying and reporting child abuse and neglect.
  886         d. Child development, including typical and atypical
  887  language development; and cognitive, motor, social, and self
  888  help skills development.
  889         e. Observation of developmental behaviors, including using
  890  a checklist or other similar observation tools and techniques to
  891  determine a child’s developmental level.
  892         f. Specialized areas, including early literacy and language
  893  development of children from birth to 5 years of age, as
  894  determined by the department, for owner-operators of family day
  895  care homes.
  896         7. Proof that immunization records are kept current.
  897         8. Proof of completion of the required continuing education
  898  units or clock hours.
  899         (b) A family day care home not participating in the
  900  subsidized child care program may volunteer to be licensed under
  901  the provisions of this act.
  902         (c) The department may provide technical assistance to
  903  counties and family day care home providers to enable counties
  904  and family day care providers to achieve compliance with family
  905  day care homes standards.
  906         Section 27. Subsection (2) of section 402.315, Florida
  907  Statutes, is amended to read:
  908         402.315 Funding; license fees.—
  909         (2) The county department shall bear the costs of the
  910  licensing of family day care homes when contracting with the
  911  department pursuant to s. 402.313(1) child care facilities when
  912  contracted to do so by a county or when directly responsible for
  913  licensing in a county which fails to meet or exceed state
  914  minimum standards.
  915         Section 28. Subsections (2), (3), and (7) of section
  916  402.40, Florida Statutes, are amended to read:
  917         402.40 Child welfare training.—
  918         (2) DEFINITIONS.—As used in this section, the term:
  919         (a) “Child welfare certification” means a professional
  920  credential awarded by the department or by a credentialing
  921  entity recognized by the department to individuals demonstrating
  922  core competency in any child welfare services practice area.
  923         (b) “Child welfare services” means any intake, protective
  924  investigations, preprotective services, protective services,
  925  foster care, shelter and group care, and adoption and related
  926  services program, including supportive services, supervision,
  927  and legal services, provided to children who are alleged to have
  928  been abused, abandoned, or neglected, or who are at risk of
  929  becoming, are alleged to be, or have been found dependent
  930  pursuant to chapter 39.
  931         (c)“Core competency” means the knowledge, skills, and
  932  abilities necessary to carry out work responsibilities.
  933         (d)(b) “Person providing child welfare services” means a
  934  person who has a responsibility for supervisory, legal, direct
  935  care or support related work in the provision of child welfare
  936  services pursuant to chapter 39.
  937         (3) CHILD WELFARE TRAINING PROGRAM.—The department shall
  938  establish a program for training pursuant to the provisions of
  939  this section, and all persons providing child welfare services
  940  shall be required to demonstrate core competency by earning and
  941  maintaining a department or third-party-awarded child welfare
  942  certification and participate in and successfully complete the
  943  program of training pertinent to their areas of responsibility.
  944         (7) CERTIFICATION AND TRAINER QUALIFICATIONS.—The
  945  department shall, in collaboration with the professionals and
  946  providers described in subsection (5), develop minimum standards
  947  for a certification process that ensures that participants have
  948  successfully attained the knowledge, skills, and abilities
  949  necessary to competently carry out their work responsibilities.
  950  The department shall recognize third-party certification for
  951  child welfare services staff which satisfies the core
  952  competencies and meets the certification requirements
  953  established in this section and shall develop minimum standards
  954  for trainer qualifications which must be required of training
  955  academies in the offering of the training curricula. Any person
  956  providing child welfare services shall be required to master the
  957  core competencies and hold an active child welfare certification
  958  components of the curriculum that is are particular to that
  959  person’s work responsibilities.
  960         Section 29. Subsection (2) of section 402.49, Florida
  961  Statutes, is amended to read:
  962         402.49 Mediation process established.—
  963         (2)(a) The department shall appoint at least one mediation
  964  panel in each of the department’s circuits service districts.
  965  Each panel shall have at least three and not more than five
  966  members and shall include a representative from the department,
  967  a representative of an agency that provides similar services to
  968  those provided by the agency that is a party to the dispute, and
  969  additional members who are mutually acceptable to the department
  970  and the agency that is a party to the dispute. Such additional
  971  members may include laypersons who are involved in advocacy
  972  organizations, members of boards of directors of agencies
  973  similar to the agency that is a party to the dispute, members of
  974  families of department clients, members of department planning
  975  councils in the area of services that are the subject of the
  976  dispute, and interested and informed members of the local
  977  community.
  978         (b) If the parties to the conflict agree, a mediation panel
  979  may hear a complaint that is filed outside of the panel’s
  980  circuit service district.
  981         Section 30. Subsection (3) of section 409.152, Florida
  982  Statutes, is amended to read:
  983         409.152 Service integration and family preservation.—
  984         (3) Each circuit service district of the department shall
  985  develop a family preservation service integration plan that
  986  identifies various programs that can be organized at the point
  987  of service delivery into a logical and cohesive family-centered
  988  services constellation. The plan shall include:
  989         (a) Goals and objectives for integrating services for
  990  families and avoiding barriers to service integration,
  991  procedures for centralized intake and assessment, a
  992  comprehensive service plan for each family, and an evaluation
  993  method of program outcome.
  994         (b) Recommendations for proposed changes to fiscal and
  995  substantive policies, regulations, and laws at local, circuit
  996  district, and state delivery levels, including budget and
  997  personnel policies; purchasing flexibility and workforce
  998  incentives; discretionary resources; and incentives to reduce
  999  dependency on government programs and services.
 1000         (c) Strategies for creating partnerships with the
 1001  community, clients, and consumers of services which establish,
 1002  maintain, and preserve family units.
 1003         Section 31. Subsection (8) of section 409.1671, Florida
 1004  Statutes, is amended to read:
 1005         409.1671 Foster care and related services; outsourcing.—
 1006         (8) Notwithstanding the provisions of s. 215.425, all
 1007  documented federal funds earned for the current fiscal year by
 1008  the department and community-based agencies which exceed the
 1009  amount appropriated by the Legislature shall be distributed to
 1010  all entities that contributed to the excess earnings based on a
 1011  schedule and methodology developed by the department and
 1012  approved by the Executive Office of the Governor. Distribution
 1013  shall be pro rata based on total earnings and shall be made only
 1014  to those entities that contributed to excess earnings. Excess
 1015  earnings of community-based agencies shall be used only in the
 1016  circuit service district in which they were earned. Additional
 1017  state funds appropriated by the Legislature for community-based
 1018  agencies or made available pursuant to the budgetary amendment
 1019  process described in s. 216.177 shall be transferred to the
 1020  community-based agencies. The department shall amend a
 1021  community-based agency’s contract to permit expenditure of the
 1022  funds.
 1023         Section 32. Paragraph (a) of subsection (4) of section
 1024  409.1755, Florida Statutes, is amended to read:
 1025         409.1755 One Church, One Child of Florida Corporation Act;
 1026  creation; duties.—
 1027         (4) BOARD OF DIRECTORS.—
 1028         (a) The One Church, One Child of Florida Corporation shall
 1029  operate subject to the supervision and approval of a board of
 1030  directors consisting of 23 members, with two directors
 1031  representing each circuit service district of the Department of
 1032  Children and Families Family Services and one director who shall
 1033  be an at-large member.
 1034         Section 33. Paragraph (a) of subsection (1) and subsection
 1035  (2) of section 410.0245, Florida Statutes, are amended to read:
 1036         410.0245 Study of service needs; report; multiyear plan.—
 1037         (1)(a) The Adult Protection Services Program Office of the
 1038  Department of Children and Families Family Services shall
 1039  contract for a study of the service needs of the 18-to-59-year
 1040  old disabled adult population served or waiting to be served by
 1041  the community care for disabled adults program. The Division of
 1042  Vocational Rehabilitation of the Department of Education and
 1043  other appropriate state agencies shall provide information to
 1044  the Department of Children and Families Family Services when
 1045  requested for the purposes of this study.
 1046         (2) Based on the findings of the study, the Adult
 1047  Protection Services Program of the Department of Children and
 1048  Families Family Services shall develop a multiyear plan which
 1049  shall provide for the needs of disabled adults in this state and
 1050  shall provide strategies for statewide coordination of all
 1051  services for disabled adults. The multiyear plan shall include
 1052  an inventory of existing services and an analysis of costs
 1053  associated with existing and projected services. The multiyear
 1054  plan shall be presented to the Governor, the President of the
 1055  Senate, and the Speaker of the House of Representatives every 3
 1056  years on or before March 1, beginning in 1992. On or before
 1057  March 1 of each intervening year, the department shall submit an
 1058  analysis of the status of the implementation of each element of
 1059  the multiyear plan, any continued unmet need, and the
 1060  relationship between that need and the department’s budget
 1061  request for that year.
 1062         Section 34. Subsections (1) and (2) of section 410.603,
 1063  Florida Statutes, are renumbered as subsections (2) and (3),
 1064  respectively, and present subsection (3) of that section is
 1065  renumbered as subsection (1) and amended to read:
 1066         410.603 Definitions relating to Community Care for Disabled
 1067  Adults Act.—As used in ss. 410.601-410.606:
 1068         (1)(3) “Circuit District” means a specified geographic
 1069  service area that conforms to the judicial circuits established
 1070  in s. 26.021, as defined in s. 20.19, in which the programs of
 1071  the department are administered and services are delivered.
 1072         Section 35. Subsection (2) of section 410.604, Florida
 1073  Statutes, is amended to read:
 1074         410.604 Community care for disabled adults program; powers
 1075  and duties of the department.—
 1076         (2) Any person who meets the definition of a disabled adult
 1077  pursuant to s. 410.603(3)(2) is eligible to receive the services
 1078  of the community care for disabled adults program. However, the
 1079  community care for disabled adults program shall operate within
 1080  the funds appropriated by the Legislature. Priority shall be
 1081  given to disabled adults who are not eligible for comparable
 1082  services in programs of or funded by the department or the
 1083  Division of Vocational Rehabilitation of the Department of
 1084  Education; who are determined to be at risk of
 1085  institutionalization; and whose income is at or below the
 1086  existing institutional care program eligibility standard.
 1087         Section 36. Section 411.224, Florida Statutes, is amended
 1088  to read:
 1089         411.224 Family support planning process.—The Legislature
 1090  establishes a family support planning process to be used by the
 1091  Department of Children and Families Family Services as the
 1092  service planning process for targeted individuals, children, and
 1093  families under its purview.
 1094         (1) The Department of Education shall take all appropriate
 1095  and necessary steps to encourage and facilitate the
 1096  implementation of the family support planning process for
 1097  individuals, children, and families within its purview.
 1098         (2) To the extent possible within existing resources, the
 1099  following populations must be included in the family support
 1100  planning process:
 1101         (a) Children from birth to age 5 who are served by the
 1102  clinic and programs of the Division of Children’s Medical
 1103  Services of the Department of Health.
 1104         (b) Children participating in the developmental evaluation
 1105  and intervention program of the Division of Children’s Medical
 1106  Services of the Department of Health.
 1107         (c) Children from age 3 through age 5 who are served by the
 1108  Agency for Persons with Disabilities.
 1109         (d) Children from birth through age 5 who are served by the
 1110  Mental Health Program Office of the Department of Children and
 1111  Families Family Services.
 1112         (e) Participants who are served by the Children’s Early
 1113  Investment Program established in s. 411.232.
 1114         (f) Healthy Start participants in need of ongoing service
 1115  coordination.
 1116         (g) Children from birth through age 5 who are served by the
 1117  voluntary family services, protective supervision, foster care,
 1118  or adoption and related services programs of the Child Care
 1119  Licensure Services Program Office of the Department of Children
 1120  and Families Family Services, and who are eligible for ongoing
 1121  services from one or more other programs or agencies that
 1122  participate in family support planning; however, children served
 1123  by the voluntary family services program, where the planned
 1124  length of intervention is 30 days or less, are excluded from
 1125  this population.
 1126         (3) When individuals included in the target population are
 1127  served by Head Start, local education agencies, or other
 1128  prevention and early intervention programs, providers must be
 1129  notified and efforts made to facilitate the concerned agency’s
 1130  participation in family support planning.
 1131         (4) Local education agencies are encouraged to use a family
 1132  support planning process for children from birth through 5 years
 1133  of age who are served by the prekindergarten program for
 1134  children with disabilities, in lieu of the Individual Education
 1135  Plan.
 1136         (5) There must be only a single-family support plan to
 1137  address the problems of the various family members unless the
 1138  family requests that an individual family support plan be
 1139  developed for different members of that family. The family
 1140  support plan must replace individual habilitation plans for
 1141  children from 3 through 5 years old who are served by the Agency
 1142  for Persons with Disabilities.
 1143         (6) The family support plan at a minimum must include the
 1144  following information:
 1145         (a) The family’s statement of family concerns, priorities,
 1146  and resources.
 1147         (b) Information related to the health, educational,
 1148  economic and social needs, and overall development of the
 1149  individual and the family.
 1150         (c) The outcomes that the plan is intended to achieve.
 1151         (d) Identification of the resources and services to achieve
 1152  each outcome projected in the plan. These resources and services
 1153  are to be provided based on availability and funding.
 1154         (7) A family support plan meeting must be held with the
 1155  family to initially develop the family support plan and annually
 1156  thereafter to update the plan as necessary. The family includes
 1157  anyone who has an integral role in the life of the individual or
 1158  child as identified by the individual or family. The family
 1159  support plan must be reviewed periodically during the year, at
 1160  least at 6-month intervals, to modify and update the plan as
 1161  needed. Such periodic reviews do not require a family support
 1162  plan team meeting but may be accomplished through other means
 1163  such as a case file review and telephone conference with the
 1164  family.
 1165         (8) The initial family support plan must be developed
 1166  within a 90-day period. If exceptional circumstances make it
 1167  impossible to complete the evaluation activities and to hold the
 1168  initial family support plan team meeting within a reasonable
 1169  time period, these circumstances must be documented, and the
 1170  individual or family must be notified of the reason for the
 1171  delay. With the agreement of the family and the provider,
 1172  services for which either the individual or the family is
 1173  eligible may be initiated before the completion of the
 1174  evaluation activities and the family support plan.
 1175         (9) The Department of Children and Families Family
 1176  Services, the Department of Health, and the Department of
 1177  Education, to the extent that funds are available, must offer
 1178  technical assistance to communities to facilitate the
 1179  implementation of the family support plan.
 1180         (10) The Department of Children and Families Family
 1181  Services, the Department of Health, and the Department of
 1182  Education shall adopt rules necessary to implement this act.
 1183         Section 37. Section 414.24, Florida Statutes, is amended to
 1184  read:
 1185         414.24 Integrated welfare reform and child welfare
 1186  services.—The department shall develop integrated service
 1187  delivery strategies to better meet the needs of families subject
 1188  to work activity requirements who are involved in the child
 1189  welfare system or are at high risk of involvement in the child
 1190  welfare system. To the extent that resources are available, the
 1191  department and the Department of Labor and Employment Security
 1192  shall provide funds to one or more circuits service districts to
 1193  promote development of integrated, nonduplicative case
 1194  management within the department, the Department of Labor and
 1195  Employment Security, other participating government agencies,
 1196  and community partners. Alternative delivery systems shall be
 1197  encouraged which include well-defined, pertinent outcome
 1198  measures. Other factors to be considered shall include
 1199  innovation regarding training, enhancement of existing
 1200  resources, and increased private sector and business sector
 1201  participation.
 1202         Section 38. Subsection (8) of section 415.1113, Florida
 1203  Statutes, is amended to read:
 1204         415.1113 Administrative fines for false report of abuse,
 1205  neglect, or exploitation of a vulnerable adult.—
 1206         (8) All amounts collected under this section must be
 1207  deposited into the Operations and Maintenance Trust Fund within
 1208  the Adult Protection Services Program of the department.
 1209         Section 39. Subsections (1) through (3) of section 420.621,
 1210  Florida Statutes, are renumbered as subsections (2) through (4),
 1211  respectively, and present subsection (4) of that section is
 1212  renumbered as subsection (1) and amended to read:
 1213         420.621 Definitions.—As used in ss. 420.621-420.628, the
 1214  term:
 1215         (1)(4) “Circuit District” means a specified geographic
 1216  service area that conforms to the judicial circuits established
 1217  in s. 26.021 service district of the department, as set forth in
 1218  s. 20.19.
 1219         Section 40. Subsection (1) of section 420.622, Florida
 1220  Statutes, is amended to read:
 1221         420.622 State Office on Homelessness; Council on
 1222  Homelessness.—
 1223         (1) The State Office on Homelessness is created within the
 1224  Department of Children and Families Family Services to provide
 1225  interagency, council, and other related coordination on issues
 1226  relating to homelessness. An executive director of the office
 1227  shall be appointed by the Governor.
 1228         Section 41. Subsection (4) of section 420.623, Florida
 1229  Statutes, is amended to read:
 1230         420.623 Local coalitions for the homeless.—
 1231         (4) ANNUAL REPORTS.—The department shall submit to the
 1232  Governor, the Speaker of the House of Representatives, and the
 1233  President of the Senate, by June 30, an annual report consisting
 1234  of a compilation of data collected by local coalitions, progress
 1235  made in the development and implementation of local homeless
 1236  assistance continuums of care plans in each circuit district,
 1237  local spending plans, programs and resources available at the
 1238  local level, and recommendations for programs and funding.
 1239         Section 42. Subsections (4) through (8) of section 420.625,
 1240  Florida Statutes, are amended to read:
 1241         420.625 Grant-in-aid program.—
 1242         (4) APPLICATION PROCEDURE.—Local agencies shall submit an
 1243  application for grant-in-aid funds to the circuit district
 1244  administrator for review. During the first year of
 1245  implementation, circuit district administrators shall begin to
 1246  accept applications for circuit district funds no later than
 1247  October 1, 1988, and by August 1 of each year thereafter for
 1248  which funding for this section is provided. Circuit District
 1249  funds shall be made available to local agencies no more than 30
 1250  days after the deadline date for applications for each funding
 1251  cycle.
 1252         (5) SPENDING PLANS.—The department shall develop guidelines
 1253  for the development of spending plans and for the evaluation and
 1254  approval by circuit district administrators of spending plans,
 1255  based upon such factors as:
 1256         (a) The demonstrated level of need for the program.
 1257         (b) The demonstrated ability of the local agency or
 1258  agencies seeking assistance to deliver the services and to
 1259  assure that identified needs will be met.
 1260         (c) The ability of the local agency or agencies seeking
 1261  assistance to deliver a wide range of services as enumerated in
 1262  subsection (3).
 1263         (d) The adequacy and reasonableness of proposed budgets and
 1264  planned expenditures, and the demonstrated capacity of the local
 1265  agency or agencies to administer the funds sought.
 1266         (e) A statement from the local coalition for the homeless
 1267  as to the steps to be taken to assure coordination and
 1268  integration of services in the circuit district to avoid
 1269  unnecessary duplication and costs.
 1270         (f) Assurances by the local coalition for the homeless that
 1271  alternative funding strategies for meeting needs through the
 1272  reallocation of existing resources, utilization of volunteers,
 1273  and local government or private agency funding have been
 1274  explored.
 1275         (g) The existence of an evaluation component designed to
 1276  measure program outcomes and determine the overall effectiveness
 1277  of the local programs for the homeless for which funding is
 1278  sought.
 1279         (6) ALLOCATION OF GRANT FUNDS TO CIRCUITS DISTRICTS.—State
 1280  grant-in-aid funds for local initiatives for the homeless shall
 1281  be allocated by the department to, and administered by,
 1282  department circuits districts. Allocations shall be based upon
 1283  sufficient documentation of:
 1284         (a) The magnitude of the problem of homelessness in the
 1285  circuit district, and the demonstrated level of unmet need for
 1286  services in the circuit district for those who are homeless or
 1287  are about to become homeless.
 1288         (b) A strong local commitment to seriously address the
 1289  problem of homelessness as evidenced by coordinated programs
 1290  involving preventive, emergency, and transitional services and
 1291  by the existence of active local organizations committed to
 1292  serving those who have become, or are about to become, homeless.
 1293         (c) Agreement by local government and private agencies
 1294  currently serving the homeless not to reduce current
 1295  expenditures for services presently provided to those who are
 1296  homeless or are about to become homeless if grant assistance is
 1297  provided pursuant to this section.
 1298         (d) Geographic distribution of circuit district programs to
 1299  ensure that such programs serve both rural and urban areas, as
 1300  needed.
 1301         (7) DISTRIBUTION TO LOCAL AGENCIES.—Circuit District funds
 1302  so allocated shall be available for distribution by the circuit
 1303  district administrator to local agencies to fund programs such
 1304  as those set forth in subsection (3), based upon the
 1305  recommendations of the local coalitions in accordance with
 1306  spending plans developed by the coalitions and approved by the
 1307  circuit district administrator. Not more than 10 percent of the
 1308  total state funds awarded under a spending plan may be used by
 1309  the local coalition for staffing and administration.
 1310         (8) LOCAL MATCHING FUNDS.—Entities contracting to provide
 1311  services through financial assistance obtained under this
 1312  section shall provide a minimum of 25 percent of the funding
 1313  necessary for the support of project operations. In-kind
 1314  contributions, whether materials, commodities, transportation,
 1315  office space, other types of facilities, or personal services,
 1316  and contributions of money or services from homeless persons may
 1317  be evaluated and counted as part or all of this required local
 1318  funding, in the discretion of the circuit district
 1319  administrator.
 1320         Section 43. Subsection (2) of section 429.35, Florida
 1321  Statutes, is amended to read:
 1322         429.35 Maintenance of records; reports.—
 1323         (2) Within 60 days after the date of the biennial
 1324  inspection visit required under s. 408.811 or within 30 days
 1325  after the date of any interim visit, the agency shall forward
 1326  the results of the inspection to the local ombudsman council in
 1327  whose planning and service area, as defined in part II of
 1328  chapter 400, the facility is located; to at least one public
 1329  library or, in the absence of a public library, the county seat
 1330  in the county in which the inspected assisted living facility is
 1331  located; and, when appropriate, to the circuit district Adult
 1332  Protection Services and Mental Health Program Offices.
 1333         Section 44. Paragraph (d) of subsection (3) of section
 1334  1002.67, Florida Statutes, is amended to read:
 1335         1002.67 Performance standards; curricula and
 1336  accountability.—
 1337         (3)
 1338         (d) Each early learning coalition, the Agency for Workforce
 1339  Innovation, and the department shall coordinate with the Child
 1340  Care Licensure Services Program Office of the Department of
 1341  Children and Families Family Services to minimize interagency
 1342  duplication of activities for monitoring private prekindergarten
 1343  providers for compliance with requirements of the Voluntary
 1344  Prekindergarten Education Program under this part, the school
 1345  readiness programs under s. 411.01, and the licensing of
 1346  providers under ss. 402.301-402.319.
 1347         Section 45. Sections 39.311, 39.312, 39.313, 39.314,
 1348  39.315, 39.316, 39.317, 39.318, 394.9083, and 402.35, Florida
 1349  Statutes, are repealed.
 1350         Section 46. The Division of Statutory Revision of the Joint
 1351  Legislative Management Committee is directed to prepare a
 1352  reviser’s bill for introduction at a subsequent session of the
 1353  Legislature to change the term “Department of Children and
 1354  Family Services” to “Department of Children and Families,” the
 1355  term “Secretary of Children and Family Services” to “Secretary
 1356  of Children and Families,” and the term “district administrator”
 1357  to “circuit administrator,” as that term relates to the
 1358  responsibilities of the Department of Children and Families,
 1359  wherever that term appears in the Florida Statutes.
 1360         Section 47. The Agency for Persons with Disabilities is
 1361  directed to prepare a plan that will enable it to perform all of
 1362  its own administrative and operational functions separate from
 1363  the Department of Children and Family Services by July 1, 2015.
 1364  The plan must identify resource requirements and a timeframe for
 1365  completing the transfer of responsibilities from the Department
 1366  of Children and Family Services, including submittal of a
 1367  detailed justification for each position the agency estimates it
 1368  would need to become administratively self-sufficient; an
 1369  analysis of each function to determine if the Department of
 1370  Children and Family Services could provide the service more
 1371  efficiently on a reimbursed cost basis through an interagency
 1372  agreement; and an estimate of the costs and benefits to be
 1373  derived through the separation. The Department of Children and
 1374  Family Services is directed to cooperate with the agency in
 1375  preparing the plan. The plan shall be presented to the Speaker
 1376  of the House of Representatives, the President of the Senate,
 1377  and the appropriate substantive committees by January 15, 2011.
 1378         Section 48. The Department of Children and Families,
 1379  through its Office of General Counsel and in consultation with
 1380  its contracted legal services providers and lead agency
 1381  administrators, shall define the types of legal services
 1382  associated with dependency proceedings. These legal services
 1383  include, but are not limited to, service of process, court
 1384  reporter and transcription services, expert witnesses, and legal
 1385  publication. The department shall delineate the specific costs
 1386  each lead agency will pay for those defined legal services, and
 1387  by contract amendment, modify lead agency funding amounts to
 1388  shift funding and responsibility for those costs to the
 1389  department through its Office of General Counsel.
 1390         Section 49. The Department of Children and Families is
 1391  directed to establish a procedure to assist undocumented aliens
 1392  forensically committed in mental health institutions as not
 1393  guilty by reason of insanity or civilly committed under the
 1394  Baker Act to return to their country of origin. The procedure
 1395  should include guidelines to identify appropriate candidates and
 1396  a process to facilitate their voluntary repatriation.
 1397         Section 50. The Department of Children and Families is
 1398  directed to institute a program, modeled on the Department of
 1399  Corrections’ Institutional Hearing Program, to improve
 1400  coordination with United States Immigration and Customs
 1401  Enforcement to identify undocumented aliens in mental health
 1402  institutions for whom removal may be appropriate. The program
 1403  should allow undocumented aliens of any commitment status in
 1404  state mental health treatment facilities to be identified and
 1405  the removal process initiated early in their commitment.
 1406         Section 51. This act shall take effect July 1, 2010.

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