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

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