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

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