Fla. Stat. § 20.19 – Department of Children and Family Services

¹20.19 Department of Children and Family Services.--

There is created a Department of Children and Family Services.

(1) MISSION AND PURPOSE.--
1. (a) The mission of the Department of Children and Family Services is to work in partnership with local communities to help people be self-sufficient and live in stable families and communities.
2. (b) The purposes of the Department of Children and Family Services are to deliver, or provide for the delivery of, all family services offered by the state through the department to its citizens and include, but are not limited to:
  1. Cooperating with other state and local agencies in integrating the delivery of all family and health services offered by the state to those citizens in need of assistance.
  2. Providing such assistance as is authorized to all eligible clients in order that they might achieve or maintain economic self-support and self-sufficiency to prevent, reduce, or eliminate dependency.
  3. Preventing or remedying the neglect, abuse, or exploitation of children and of adults unable to protect their own interests.
  4. Aiding in the preservation, rehabilitation, and reuniting of families.
  5. Preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care.
  6. Securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions when necessary.
  7. Improving the quality of life for persons with mental illnesses and persons with developmental disabilities.
3. (c) In fulfillment of this mission and these purposes, the department shall create a 5-year strategic plan which reflects broad societal outcomes, sets forth a broad framework within which the district plans are developed, and establishes a set of measurable goals and objectives and operational performance standards to ensure that the department is accountable to the people of Florida.
4. (d) The secretary, deputy secretary, district administrators, and assistant secretaries are authorized to appoint ad hoc advisory committees when necessary. The problem or issue that an ad hoc committee is asked to address, and the timeframe within which the committee is to complete its work, shall be specified at the time of the initial appointment of the committee. Ad hoc advisory committees shall include representatives of individuals, groups, associations, or institutions that may be affected by the issue or problem that the committee is asked to examine. Committee members shall receive no compensation, but may, within existing resources of the department, be reimbursed for travel expenses as provided for in s. 112.061.
(2) SECRETARY OF CHILDREN AND FAMILY SERVICES; DEPUTY SECRETARY.--
1. (a) The head of the department is the Secretary of Children and Family Services. The secretary is appointed by the Governor subject to confirmation by the Senate. The secretary serves at the pleasure of the Governor.
2. (b) The secretary shall appoint a deputy secretary who shall act in the absence of the secretary. The deputy secretary is directly responsible to the secretary, performs such duties as are assigned by the secretary, and serves at the pleasure of the secretary.
3. (c) The secretary shall ensure the establishment of statewide needs assessment methodologies for all departmental client target groups, to be applied uniformly across the state in order to identify the total statewide need for the target group and ensure comparability of data from one service district region to another. As appropriate, these methodologies shall include health, economic, and sociodemographic indicators of need and shall ensure the use of uniform waiting list criteria.
4. (d) The secretary has the authority and responsibility to ensure that the purpose of the department is fulfilled in accordance with state and federal laws, rules, and regulations.
5. (e) The secretary is responsible for evaluation, departmental legal services, and inspector general functions. The secretary may assign performance of evaluation functions or departmental legal services to any appropriate unit within the department.
6. (f) The secretary may establish regional processing centers to provide selected administrative functions designed to support multiple districts. These offices may not have line authority over district offices and may not be interposed between district management and the secretary. These offices may be created, consolidated, restructured, or rearranged by the secretary, within the limitations provided for in chapter 216, in order to achieve more effective and efficient performance of service delivery and support functions to multiple districts. In the establishment of any administrative processing centers pursuant to this paragraph, the department is directed to avoid consolidation of functions that support service-delivery decisionmaking such as budgetary functions; discretionary decisions regarding procurement of goods and services; and decisions regarding recruitment, hiring, and evaluation of staff. This paragraph does not restrict local decisionmaking by supervisors or managers regarding discretionary functions. Any consolidation of administrative functions under this paragraph shall be designed to minimize any adverse impact on service districts or institutions.
(3) OFFICE OF STANDARDS AND EVALUATION.--There is created under the secretary the Office of Standards and Evaluation which has the following responsibilities:
1. (a) Establishing systems and strategies to evaluate performance in achieving outcome measures and performance and productivity standards related to service delivery, program and financial administration, and support, with the assistance of the assistant secretaries, district administrators, and health and human services boards.
2. (b) Directing the development of monitoring and quality assurance systems for statewide and district services that will routinely assess the efficiency and effectiveness of departmental and provider staff and services.
3. (c) Validating the monitoring and quality assurance activities of statewide and district service providers and staff to ensure that these activities are being conducted routinely and that corrective action is being taken to eliminate deficiencies detected by these activities.
4. (d) Conducting evaluations, directly or by contract, of programs and services provided by the department to determine whether improvement in the condition of individuals, families, and communities has occurred as a result of these programs and services. The evaluations must include an assessment of the short-term effects on individuals and families and the long-term effects on communities and the state. Outcome evaluation studies shall be conducted in response to priorities determined by the department and the Legislature and to the extent that funding is provided by the Legislature.
5. (e) Consulting with the inspector general to ensure the integrity of the monitoring and evaluation process and the validity of the data derived from these activities.
6. (f) Developing procedures for the competitive procurement of external evaluations, including detailed specifications for all evaluation contracts.
7. (g) Developing the budget for the department's evaluation efforts and identifying future evaluation needs, including infrastructure needs to support the outcome evaluation function.
8. (h) Evaluating and reporting to the Legislature, beginning December 31, 1999, and by October 31 of each subsequent year, on the following issues:
  1. The effectiveness of the department's performance contracting system in accomplishing program outcomes and in continuously improving performance.
  2. The adequacy of resources and internal controls used by each program and service district to ensure effectiveness and quality of client services provided through standard contracts and other agreements.
  3. The effectiveness and quality of contracted services for each client target group, as determined by annual performance reporting and results of quality assurance monitoring.
  4. The status of the department's progress in complying with the provisions of this act, including the work of the contract evaluation teams established pursuant to paragraph (10)(g).
9. (i) Such other duties relating to evaluation as may be assigned to the Office of Standards and Evaluation by the secretary.
(4) CERTIFICATION PROGRAMS FOR DEPARTMENT EMPLOYEES.--The department is authorized to create certification programs for family safety and preservation employees and agents to ensure that only qualified employees and agents provide child protection services. The department is authorized to develop rules that include qualifications for certification, including training and testing requirements, continuing education requirements for ongoing certification, and decertification procedures to be used to determine when an individual no longer meets the qualifications for certification and to implement the decertification of an employee or agent.
(5) PROGRAM OFFICES.--
1. (a) There are created program offices, each of which shall be headed by an assistant secretary who shall be appointed by and serve at the pleasure of the secretary. Each program office shall have the following responsibilities:
  1. Ensuring that family services programs are implemented according to legislative intent and as provided in state and federal laws, rules, and regulations.
  2. Establishing program standards and performance objectives.
  3. Reviewing, monitoring, and ensuring compliance with statewide standards and performance measures.
  4. Providing general statewide supervision of the administration of service programs, including, but not limited to:
  a. Developing and coordinating training for service programs.
  b. Coordinating program research.
  c. Identifying statewide program needs and recommending solutions and priorities.
  d. Providing technical assistance for the administrators and staff of the service districts.
  e. Assisting district administrators in staff development and training.
  f. Monitoring service programs to ensure program quality among service districts.
  5. Developing workload and productivity standards.
  6. Developing resource allocation methodologies.
  7. Compiling reports, analyses, and assessment of client needs on a statewide basis.
  8. Ensuring the continued interagency collaboration with the Department of Education for the development and integration of effective programs to serve children and their families.
  9. Other duties as are assigned by the secretary.
2. (b) The following program offices are established and may be consolidated, restructured, or rearranged by the secretary; provided any such consolidation, restructuring, or rearranging is for the purpose of encouraging service integration through more effective and efficient performance of the program offices or parts thereof:
  1. Economic Self-Sufficiency Program Office.--The responsibilities of this office encompass income support programs within the department, such as temporary assistance to families with dependent children, food stamps, welfare reform, and state supplementation of the supplemental security income (SSI) program.
  2. Developmental Services Program Office.--The responsibilities of this office encompass programs operated by the department for developmentally disabled persons. Developmental disabilities include any disability defined in s. 393.063.
  3. Children and Families Program Office.--The responsibilities of this program office encompass early intervention services for children and families at risk; intake services for protective investigation of abandoned, abused, and neglected children; interstate compact on the placement of children programs; adoption; child care; out-of-home care programs and other specialized services to families.
  4. Alcohol, Drug Abuse, and Mental Health Program Office.--The responsibilities of this office encompass all alcohol, drug abuse, and mental health programs operated by the department.
(6) ASSISTANT SECRETARY FOR ADMINISTRATION.--
1. (a) The secretary shall appoint an Assistant Secretary for Administration who serves at the pleasure of the secretary. The Assistant Secretary for Administration is responsible for:
  1. Supervising all of the budget management activities of the department and serving as the chief budget officer of the department.
  2. Providing administrative and management support services above the district level.
  3. Monitoring administrative and management support services in the districts.
  4. Developing and implementing uniform policies, procedures, and guidelines with respect to personnel administration, finance and accounting, budget, grants management and disbursement, contract administration, procurement, information and communications systems, management evaluation and improvement, and general services, including housekeeping, maintenance, and leasing of facilities.
  5. Performing such other administrative duties as are assigned by the secretary.
2. (b) If reductions in a district's operating budget become necessary during any fiscal year, the department shall develop a formula to be used in its recommendations to the Governor and Legislature which does not disproportionately reduce a district's operating budget because of voluntary county appropriations to department programs.
3. (c) The Assistant Secretary for Administration shall evaluate and report to the Legislature by July 1, 1999, and annually thereafter, on the methods used by each program to ensure the fiscal accountability of each provider of client services with whom the department contracts.
4. (d) The Assistant Secretary for Administration shall evaluate the administrative operations of the districts, and may require that districts develop and submit corrective action plans in those areas that do not conform to the department's uniform operating procedures.
(7) SERVICE DISTRICTS.--The department shall plan and administer its programs of family services through service districts and subdistricts composed of the following counties:
District 1.--Escambia, Santa Rosa, Okaloosa, and Walton Counties;
District 2, Subdistrict A.--Holmes, Washington, Bay, Jackson, Calhoun, and Gulf Counties;
District 2, Subdistrict B.--Gadsden, Liberty, Franklin, Leon, Wakulla, Jefferson, Madison, and Taylor Counties;
District 3.--Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and Alachua Counties;
District 4.--Baker, Nassau, Duval, Clay, and St. Johns Counties;
District 5.--Pasco and Pinellas Counties;
District 6.--Hillsborough and Manatee Counties;
District 7, Subdistrict A.--Seminole, Orange, and Osceola Counties;
District 7, Subdistrict B.--Brevard County;
District 8, Subdistrict A.--Sarasota and DeSoto Counties;
District 8, Subdistrict B.--Charlotte, Lee, Glades, Hendry, and Collier Counties;
District 9.--Palm Beach County;
District 10.--Broward County;
District 11, Subdistrict A.--Dade County;
District 11, Subdistrict B.--Monroe County;
District 12.--Flagler and Volusia Counties;
District 13.--Marion, Citrus, Hernando, Sumter, and Lake Counties;
District 14.--Polk, Hardee, and Highlands Counties; and
District 15.--Indian River, Okeechobee, St. Lucie, and Martin Counties.
(8) HEALTH AND HUMAN SERVICES BOARDS.--
1. (a) There is created at least one health and human services board in each service district for the purpose of encouraging the initiation and support of interagency cooperation and collaboration in addressing family services needs and promoting service integration. The initial membership and the authority to appoint the members shall be allocated among the counties of each district as follows:
  1. District 1 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Escambia County, 6 members; Okaloosa County, 3 members; Santa Rosa County, 2 members; and Walton County, 1 member.
  2. District 2 has a board composed of 23 members, with 5 at-large members to be appointed by the Governor, and 18 members to be appointed by the boards of county commissioners in the respective counties, as follows: Holmes County, 1 member; Washington County, 1 member; Bay County, 2 members; Jackson County, 1 member; Calhoun County, 1 member; Gulf County, 1 member; Gadsden County, 1 member; Franklin County, 1 member; Liberty County, 1 member; Leon County, 4 members; Wakulla County, 1 member; Jefferson County, 1 member; Madison County, 1 member; and Taylor County, 1 member.
  3. District 3 has a board composed of 19 members, with 4 at-large members to be appointed by the Governor, and 15 members to be appointed by the boards of county commissioners of the respective counties, as follows: Hamilton County, 1 member; Suwannee County, 1 member; Lafayette County, 1 member; Dixie County, 1 member; Columbia County, 1 member; Gilchrist County, 1 member; Levy County, 1 member; Union County, 1 member; Bradford County, 1 member; Putnam County, 1 member; and Alachua County, 5 members.
  4. District 4 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Baker County, 1 member; Nassau County, 1 member; Duval County, 7 members; Clay County, 2 members; and St. Johns County, 1 member.
  5. District 5 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Pasco County, 3 members; and Pinellas County, 9 members.
  6. District 6 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Hillsborough County, 9 members; and Manatee County, 3 members.
  7. District 7 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners in the respective counties, as follows: Seminole County, 3 members; Orange County, 5 members; Osceola County, 1 member; and Brevard County, 3 members.
  8. District 8 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners in the respective counties, as follows: Sarasota County, 3 members; DeSoto County, 1 member; Charlotte County, 1 member; Lee County, 3 members; Glades County, 1 member; Hendry County, 1 member; and Collier County, 2 members.
  9. District 9 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the Board of County Commissioners of Palm Beach County.
  10. District 10 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the Board of County Commissioners of Broward County.
  11. District 11 has two boards, one from Dade County and one from Monroe County. Each board is composed of 15 members, with 3 at-large members to be appointed to each board by the Governor, and 12 members to be appointed by each of the respective boards of county commissioners.
  12. District 12 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Flagler County, 3 members; and Volusia County, 9 members.
  13. District 13 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Marion County, 4 members; Citrus County, 2 members; Hernando County, 2 members; Sumter County, 1 member; and Lake County, 3 members.
  14. District 14 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Polk County, 9 members; Highlands County, 2 members; and Hardee County, 1 member.
  15. District 15 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Indian River County, 3 members; Okeechobee County, 1 member; St. Lucie County, 5 members; and Martin County, 3 members. Notwithstanding any other provisions of this subsection, in districts consisting of two counties, the number of members to be appointed by any one board of county commissioners may not be fewer than three nor more than nine.
2. (b) At any time after the adoption of initial bylaws pursuant to paragraph (o), a district health and human services board may adopt a bylaw that enlarges the size of the board up to a maximum of 23 members, or otherwise adjusts the size or composition of the board, including a decision to change from a district board to subdistrict boards, or from a subdistrict board to a district board, if in the judgment of the board, such change is necessary to adequately represent the diversity of the population within the district or subdistrict. In the creation of subdistrict boards, the bylaws shall set the size of the board, not to exceed 15 members, and shall set the number of appointments to be made by the Governor and the respective boards of county commissioners in the subdistrict. The Governor shall be given the authority to appoint no fewer than one-fifth of the members. Current members of the district board shall become members of the subdistrict board in the subdistrict where they reside. Vacancies on a newly created subdistrict board shall be filled from among the list of nominees submitted to the ²subdistrict nominee qualifications review committee pursuant to subsection (9).
3. (c) The appointments by the Governor and the boards of county commissioners are from nominees selected by the appropriate district nominee qualifications review committee pursuant to subsection (9). Membership of each board must be representative of its district with respect to age, gender, and ethnicity. For boards having 15 members or fewer, at least two members must be consumers of the department's services. For boards having more than 15 members, there must be at least three consumers on the board. Members must have demonstrated their interest and commitment to, and have appropriate expertise for, meeting the health and family services needs of the community. The Governor shall appoint nominees whose presence on the health and human services board will help assure that the board reflects the demographic characteristics and consumer perspective of each of the service districts.
4. (d) 1. Board members shall submit annually a disclosure statement of health and family services interests to the department's inspector general and the board. Any member who has an interest in a matter under consideration by the board must abstain from voting. Board members are subject to the provisions of s. 112.3145, relating to disclosure of financial interests.
  2. Individual providers or employees of provider agencies, other than employees of units of local or state government, may not serve as health and human services board members but may serve in an advisory capacity to the board. Salaried employees of units of local or state government occupying positions providing services under contract with the department may not serve as members of the board. Elected officials who have authority to appoint members to a health and human services board may not serve as members of a board. The district administrator shall serve as a nonvoting ex officio member of the board. A department employee may not be a member of the board.
5. (e) Appointments to fill vacancies created by the death, resignation, or removal of a member are for the unexpired term. A member may not serve more than two full consecutive terms.
6. (f) A member who is absent from three meetings within any 12-month period, without having been excused by the chairperson, is deemed to have resigned, and the board shall immediately declare the seat vacant. Members may be suspended or removed for cause by a majority vote of the board members or by the Governor.
7. (g) Members of the health and human services boards shall serve without compensation, but are entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.061. Payment may also be authorized for preapproved child care expenses or lost wages for members who are consumers of the department's services and for preapproved child care expenses for other members who demonstrate hardship.
8. (h) Appointees to the health and human services board are subject to the provisions of chapter 112, part III, Code of Ethics for Public Officers and Employees.
9. (i) Actions taken by the board must be consistent with departmental policy and state and federal laws, rules, and regulations.
10. (j) The department shall provide comprehensive orientation and training to the members of the boards to enable them to fulfill their responsibilities.
11. (k) Each health and human services board, and each of its subcommittees, shall hold periodic public meetings and hearings throughout the district to receive input on the development of the district service delivery plan, the legislative budget request, and the performance of the department.
12. (l) Except as otherwise provided in this section, responsibility and accountability for local family services planning rests with the health and human services boards. All local family-services-related planning or advisory councils shall submit their plans to the health and human services boards. The boards shall provide input on the plan's attention to integrating service delivery at the local level. The health and human services boards may establish additional subcouncils or technical advisory committees.
13. (m) The health and human services boards shall operate through an annual agreement negotiated between the secretary and the board. Such agreements must include expected outcomes and provide for periodic reports and evaluations of district and board performance and must also include a core set of service elements to be developed by the secretary and used by the boards in district needs assessments to ensure consistency in the development of district legislative budget requests.
14. (n) The annual agreement between the secretary and the board must include provisions that specify the procedures to be used by the parties to resolve differences in the interpretation of the agreement or disputes as to the adequacy of the parties' compliance with their respective obligations under the agreement.
15. (o) Health and human services boards have the following responsibilities, with respect to those programs and services assigned to the districts, as developed jointly with the district administrator:
  1. Establish district outcome measures consistent with statewide outcomes.
  2. Conduct district needs assessments using methodologies consistent with those established by the secretary.
  3. Negotiate with the secretary a district performance agreement that:
  a. Identifies current resources and services available;
  b. Identifies unmet needs and gaps in services;
  c. Establishes service and funding priorities;
  d. Establishes outcome measures for the district; and
  e. Identifies expenditures and the number of clients to be served, by service.
  4. Provide budget oversight, including development and approval of the district's legislative budget request.
  5. Provide policy oversight, including development and approval of district policies and procedures.
  6. Act as a focal point for community participation in department activities such as:
  a. Assisting in the integration of all health and social services within the community;
  b. Assisting in the development of community resources;
  c. Advocating for community programs and services;
  d. Receiving and addressing concerns of consumers and others; and
  e. Advising the district administrator on the administration of service programs throughout the district.
  7. Advise the district administrator on ways to integrate the delivery of family and health care services at the local level.
  8. Make recommendations which would enhance district productivity and efficiency, ensure achievement of performance standards, and assist the district in improving the effectiveness of the services provided.
  9. Review contract provider performance reports.
  10. Immediately upon appointment of the membership, develop bylaws that clearly identify and describe operating procedures for the board. At a minimum, the bylaws must specify notice requirements for all regular and special meetings of the board, the number of members required to constitute a quorum, and the number of affirmative votes of members present and voting that are required to take official and final action on a matter before the board.
  11.a. Determine the board's internal organizational structure, including the designation of standing committees. In order to foster the coordinated and integrated delivery of family services in its community, a local board shall use a committee structure that is based on issues, such as children, housing, transportation, or health care. Each such committee must include consumers, advocates, providers, and department staff from every appropriate program area. In addition, each board and district administrator shall jointly identify community entities, including, but not limited to, the Area Agency on Aging, and resources outside the department to be represented on the committees of the board.
  b. The district juvenile justice boards established in s. 985.413 constitute the standing committee on issues relating to planning, funding, or evaluation of programs and services relating to the juvenile justice continuum.
  12. Participate with the secretary in the selection of a district administrator according to the provisions of paragraph (10)(b).
  13. Complete an annual evaluation of the district and review the evaluation at a meeting of the board at which the public has an opportunity to comment.
  14. Provide input to the secretary on the annual evaluation of the district administrator. The board may request that the secretary submit a written report on the actions to be taken to address negative aspects of the evaluation. At any time, the board may recommend to the secretary that the district administrator be discharged. Upon receipt of such a recommendation, the secretary shall make a formal reply to the board stating the action to be taken with respect to the board's recommendation.
  15. Elect a chair and other officers, as specified in the bylaws, from among the members of the board.
(9) DISTRICT NOMINEE QUALIFICATIONS REVIEW COMMITTEES.--
1. (a) There is created a nominee qualifications review committee in each service district for the purpose of screening and evaluating applicants and recommending nominees for the district health and human services board. A member of a nominee qualifications review committee must be a resident of the district and is not eligible to be nominated for appointment to a health and human services board.
2. (b) The appointments to a nominee qualifications review committee are made as follows:
  1. In a district composed of one county, the Governor shall appoint two members, the board of county commissioners shall appoint two members, the district school board shall appoint one member, the chief judge of the circuit shall appoint one member, and these appointees shall appoint three additional members.
  2. In a district composed of two counties, the Governor shall appoint two members, each board of county commissioners shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint three additional members.
  3. In a district composed of three counties, the Governor shall appoint two members, each board of county commissioners shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint four additional members.
  4. In a district composed of four counties, the Governor shall appoint two members, each board of county commissioners shall appoint one member, except that the board of county commissioners of the most populous county shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint four additional members.
  5. In a district composed of five counties, the Governor shall appoint three members, each board of county commissioners shall appoint one member, except that the board of county commissioners of the most populous county shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint five additional members.
  6. In a district composed of six counties, the Governor shall appoint three members, each board of county commissioners shall appoint one member, except that the board of county commissioners of the most populous county shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint three additional members.
  7. In a district composed of eight counties, the Governor shall appoint three members, each board of county commissioners shall appoint one member, except that the board of county commissioners of the most populous county shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint three additional members.
  8. In a district composed of 11 counties, the Governor shall appoint 2 members, each board of county commissioners shall appoint 1 member, except that the board of county commissioners of the most populous county shall appoint 2 members, each district school board shall appoint 1 member, the chief judge of the circuit containing the most populous county shall appoint 1 member, and these appointees shall appoint 3 additional members.
3. (c) Appointees to a district nominee qualifications review committee must have substantial professional or volunteer experience in planning, delivering, or evaluating health and family services within their communities. In addition to these qualifications, it is the intent of the Legislature that nominee qualifications review committees represent the diversity of their respective districts by the inclusion of representation of such groups as:
  1. County government;
  2. District school systems;
  3. The judiciary;
  4. Law enforcement;
  5. Consumers of departmental services;
  6. Advocates for persons receiving or eligible to receive services provided or funded by the department;
  7. Funders of health and family services in the community;
  8. The medical community;
  9. Chambers of commerce;
  10. Major cities; and
  11. Universities and community colleges.
4. (d) The initial terms of persons appointed by the Governor or board of county commissioners are for 2 years. Persons initially appointed by other appointing authorities have 4-year terms. Thereafter, the terms of all appointees are 4 years. A person who, at the expiration of his or her term, has served on a nominee qualifications review committee for more than 5 years is not eligible for reappointment.
5. (e) Members of a nominee qualifications review committee shall serve without compensation, but are entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.061. Payment may also be authorized for preapproved child care expenses or lost wages for members who are consumers of the department and for preapproved child care expenses for other members who demonstrate hardship.
6. (f) Each district nominee qualifications review committee shall conduct its business according to the following procedures:
  1. The public shall be provided reasonable advance notice of regular and special meetings;
  2. A majority of the members, plus one, is necessary to constitute a quorum, and the affirmative vote of a majority of those present is necessary to take official action;
  3. All meetings and records shall be open to the public pursuant to s. 286.011;
  4. The deadline for submission of nominee applications may not be less than 30 days after the date of publication of a notice of vacancy and solicitation of nominee applications from interested persons; and
  5. A person may not be nominated for appointment to a district health and human services board except by submission of a standard nominee application form, which shall be developed by the department and distributed to all nominee qualifications review committees.
7. (g) Each district nominee qualifications review committee shall submit to the appointing authorities in its respective district a pool of nominees equal to three times the number of vacancies on the district health and human services board. The pool of nominees submitted by each district nominee qualifications review committee must be balanced with respect to age, gender, ethnicity, and other demographic characteristics so that the appointees to the district health and human services board reflect the diversity of the population within its service district. It is the further intent of the Legislature that the Governor appoint nominees whose presence on the health and human services board will help assure that the board reflects the demographic characteristics and consumer perspectives of each of the service districts. If, following the appointments by the boards of county commissioners, the remaining nominees in the pool do not, in the judgment of the Governor, provide sufficient diversity to effectuate the intent of this paragraph, the Governor may request that the district nominee qualifications review committee submit the names of three additional nominees for each vacant position on the board.
(10) DISTRICT ADMINISTRATOR.--
1. (a) The secretary shall appoint a district administrator for each of the service districts. Each district administrator serves at the pleasure of the secretary and has the same standing within the department as an assistant secretary. Except as otherwise provided in this section, each district administrator has direct line authority over all departmental programs assigned to the district. In addition to those responsibilities assigned by law, the district administrator shall carry out those duties delegated by the secretary.
2. (b) Upon the resignation or removal of a district administrator, the secretary shall notify the chairperson of the health and human services board in the district and shall advertise the position in accordance with departmental policy. The board, or a designated committee of the board, shall solicit applications for the position of district administrator, screen applicants, and submit the names of not more than five nor fewer than three qualified candidates to the secretary. The secretary shall appoint the district administrator from among the nominees submitted by the health and human services board. If the secretary determines that none of the nominees should be appointed, the secretary shall notify the board and request that additional recruitment efforts be initiated and that, following such efforts, the names of additional qualified nominees be submitted. Applications for the position of district administrator are public records; and meetings of the board or a committee of the board for the purpose of screening, evaluating, or interviewing an applicant for the position of district administrator are open to the public.
3. (c) The duties of the district administrator include, but are not limited to:
  1. Ensuring jointly with the health and human services board that the administration of all service programs is carried out in conformity with state and federal laws, rules, and regulations, statewide service plans, and any other policies, procedures, and guidelines established by the secretary.
  2. Administering the offices of the department within the district and directing and coordinating all personnel, facilities, and programs of the department located in that district, except as otherwise provided herein.
  3. Applying standard information, referral, intake, diagnostic and evaluation, and case management procedures established by the secretary. Such procedures shall include, but are not limited to, a protective investigation system for dependency programs serving abandoned, abused, and neglected children.
  4. Centralizing to the greatest extent possible the administrative functions associated with the provision of services of the department within the district.
  5. Coordinating the services provided by the department in the district with those of other districts, with the Secretary of Juvenile Justice, the district juvenile justice manager, and public and private agencies that provide health, social, educational, or rehabilitative services within the district. Such coordination of services includes cooperation with the superintendent of each school district in the department's service district to achieve the first state education goal, readiness to start school.
  6. Except as otherwise provided in this section, appointing all personnel within the district. The district administrator and the secretary shall jointly appoint the superintendent of each institution under the jurisdiction of the department within the district.
  7. Establishing, with the approval of the health and human services board, such policies and procedures as may be required to discharge his or her duties and implement and conform the policies, procedures, and guidelines established by the secretary to the needs of the district.
  8. Transferring up to 10 percent of the total district budget, with the approval of the secretary, to maximize effective program delivery, the provisions of ss. 216.292 and 216.351 notwithstanding.
4. (d) Two or more district administrators may, with the approval of the secretary, consolidate administrative functions in order to achieve more efficient and effective performance of service delivery and support functions.
5. (e) Programs at the district level are in the following areas: alcohol, drug abuse, and mental health; developmental services; economic self-sufficiency services; and children and family services. There may be a program supervisor for each program, or the district administrator may combine programs under a program manager or program supervisor if such arrangement is approved by the secretary.
6. (f) The district manager for administrative services shall provide the following administrative and management support services to the district in accordance with the uniform policies, procedures, and guidelines established by the Assistant Secretary for Administration:
  1. Finance and accounting.
  2. Grants management and disbursement.
  3. Personnel administration.
  4. Purchasing and procurement.
  5. General services, including housekeeping and maintenance of facilities.
  6. Assisting the district administrator in preparation of the district budget request and administration of the approved operating budget.
  7. The district manager for administrative services is the chief budget officer of the district.
  8. Other administrative duties as assigned by the district administrator.
7. (g) To ensure effective contract management, each district administrator shall establish an interdisciplinary contract evaluation team to assess the efficacy of district contracts and evaluate contractor performance and administrative compliance. The contract evaluation team shall report their findings to, and coordinate their activities with, the Office of Standards and Evaluation.
(11) STATEWIDE HEALTH AND HUMAN SERVICES BOARD.--There is created the Statewide Health and Human Services Board consisting of the chairs of the district health and human services boards or their designees. The statewide board shall meet at least twice annually and as needed, upon the call of the secretary. The statewide board shall advise the secretary on statewide issues and identify barriers to and opportunities for effective and efficient local service delivery and the integration of health and family services. Each member attending these meetings is entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.061.
(12) DEPARTMENTAL BUDGET.--
1. (a) The secretary shall develop and submit annually to the Legislature a comprehensive departmental summary budget document which arrays each district budget request along program lines and, for the purpose of legislative appropriation, consists of the following distinct budget entities:
  1. Department Administration.
  2. Statewide Services.
  3. Entitlement Benefits and Services.
  4. District Services. The department shall revise its budget entity designations to conform with the four budget entities. The department, in accordance with chapter 216, shall transfer, as necessary, funds and positions among budget entities to realign appropriations with the revised budget entity designations. Such authorized revisions must be consistent with the intent of the approved operating budget. The various district budget requests developed pursuant to paragraph (d) shall be included in the comprehensive departmental summary budget document.
2. (b) To fulfill this responsibility, the secretary may review, amend, and approve the annual budget request of all departmental activities pursuant to s. 216.023.
3. (c) It is the responsibility of the Assistant Secretary for Administration to promulgate the necessary budget timetables, formats, and data requirements for all departmental budget requests in accordance with the statewide budget requirements of the Executive Office of the Governor.
4. (d) It is the responsibility of the district administrator, jointly with the health and human services board, to develop an annual district budget request to be reviewed, amended, and approved by the secretary. Annual budget requests are based on units of service and the costs of those services.
5. (e) The department's program planning, budgeting, and information systems capabilities are required to be linked. Identification of resource requirements and legislative appropriations are based upon systematic identification of target client populations and appropriate service arrays, defined units of measurement and data captured for unit costing purposes, and tracking services delivered in a manner so that program outcomes can be determined. The department shall implement an integrated, unit cost based budgeting system across target client populations.
(13) CONFORMITY WITH FEDERAL STATUTES AND REGULATIONS.--It is the intent of the Legislature that this section not conflict with any federal statute or implementing regulation governing federal grant-in-aid programs administered by the department. Whenever such a conflict is asserted by the applicable agency of the Federal Government, the secretary of the department shall submit to the United States Department of Health and Human Services, or other applicable federal agency, a request for a favorable policy response or a waiver of the conflicting portions. If such request is approved, as certified in writing by the Secretary of the United States Department of Health and Human Services or head of the other applicable federal agency, the secretary of the department is authorized to make the adjustments in the organization and state service plan prescribed by this section which are necessary for conformity to federal statutes and regulations. Prior to making such adjustments, the secretary shall provide to the Speaker of the House of Representatives and the President of the Senate an explanation and justification of the position of the department and shall outline all feasible alternatives consistent with the provisions of this section. These alternatives may include the state supervision of local service agencies by the department if such agencies are designated by the Governor. The Governor is hereby authorized to designate local agencies of county governments to provide services pursuant to federally required state plans administered by the department. These local agencies shall provide services for and on behalf of the county governments included within the geographic boundaries of the local agency. The board of commissioners of each county within the local agency shall annually approve the service plan to be provided by the local service agency. In order to assure coordination with other health and family services provided to citizens within each county, local service agencies designated by the Governor pursuant to this section shall correspond to the service districts created pursuant to subsection (7). The district administrator of each service district is designated the head of the local service agency. As head of the local service agency, the district administrator shall administer the service programs in conformity with statewide policies, procedures, and guidelines established by the department. The local agency shall administer its program pursuant to a written agreement with the department which:
1. (a) Indicates that the local agency will conduct its program under the supervision of the department in accordance with the state plan and in compliance with statewide standards as established by the department, including standards of organization and administration.
2. (b) Sets forth the methods to be followed by the department in its supervision of the local agency, including an evaluation of the effectiveness of the program of the local agency.
3. (c) Sets forth the basis on which the department participates financially in its locally administered programs.
4. (d) Indicates whether the local agency will utilize another local public or nonprofit agency in the provision of services and the arrangements for such utilization. The local agency is responsible for the administration of all aspects of the program within the political subdivisions which it serves. In order to assure uniformity of personnel standards, the local agency shall utilize the state personnel rules and regulations, including provisions related to tenure, selection, appointment, and qualifications of personnel.
(14) INFORMATION SYSTEMS.--
1. (a) The secretary shall appoint a Chief Information Officer with the authority for agency development and management information systems maintenance, policies, and procedures as provided for in chapter 282. The Chief Information Officer shall direct and promote information as a strategic asset and facilitate integration of data systems and agency and interagency resource sharing as allowed by applicable statutes. The Chief Information Officer serves at the pleasure of the secretary.
2. (b) The Chief Information Officer is directly responsible for the management of the management information systems service center that provides primary information systems support for all entities within the department and maintains fee-for-service provisions for use by other agencies. The Chief Information Officer shall negotiate service-level agreements between the management information systems service center and users and shall facilitate integrated information systems practices and procedures throughout the service districts and with local service providers.
3. (c) The secretary shall implement a priority program aimed at the design, testing, and integration of automated information systems necessary for effective and efficient management of the department and clients. These systems shall contain, minimally, management data, client data, and program data deemed essential for the ongoing administration of service delivery, as well as for the purpose of management decisions. It is the intent of the Legislature that these systems be developed with the idea of providing maximum administrative support to the delivery of services and to allow for the development of a more logical alignment of programs, services, and budget structures to effectively address the problems of any person who receives the services of the department. It is also essential that these systems comply with federal program requirements and ensure confidentiality of individual client information.
4. (d) The department's information systems are developed to support a client outcome-based budget and management system. At a minimum, these systems must use a unit of service basis to measure contract performance, integrate client demographic and unit cost information, and provide for program outcome measurement.
5. (e) For the purpose of funding this effort, the department shall include in its annual budget request a comprehensive summary of costs involved, as well as human resources saved, and the availability of costs for private sector systems in the establishment of these automated systems. Such budget request shall also include a complete inventory of current staff, equipment, and facility resources available for completion of the desired systems. The department shall review all forms for duplicative content and, to the maximum extent possible, reduce, consolidate, and eliminate such duplication to provide for a uniform, integrated, and concise management information collection system. The department is authorized to charge reasonable administrative fees to other state agencies using the department's information systems.
(15) ELIGIBILITY REQUIREMENTS.--The department shall review the eligibility requirements of its various programs and, to the maximum extent possible, consolidate them into a single eligibility system.
(16) PURCHASE OF SERVICES.--Whenever possible, the department, in accordance with the established program objectives and performance criteria, shall contract for the provision of services by counties, municipalities, not-for-profit corporations, for-profit corporations, and other entities capable of providing needed services, if services so provided are more cost-efficient than those provided by the department.
(17) CONTRACTING AND PERFORMANCE STANDARDS.--
1. (a) The department shall establish performance standards for all contracted client services. Notwithstanding s. 287.057(3)(f), the department must competitively procure any contract for client services when any of the following occurs:
  1. The provider fails to meet appropriate performance standards established by the department after the provider has been given a reasonable opportunity to achieve the established standards.
  2. A new program or service has been authorized and funded by the Legislature and the annual value of the contract for such program or service is $300,000 or more.
  3. The department has concluded, after reviewing market prices and available treatment options, that there is evidence that the department can improve the performance outcomes produced by its contract resources. At a minimum, the department shall review market prices and available treatment options biennially. The department shall compile the results of the biennial review and include the results in its annual performance report to the Legislature pursuant to chapter 94-249, Laws of Florida. The department shall provide notice and an opportunity for public comment on its review of market prices and available treatment options.
2. (b) The competitive requirements of paragraph (a) must be initiated for each contract that meets the criteria of this subsection, unless the secretary makes a written determination that particular facts and circumstances require deferral of the competitive process. Facts and circumstances must be specifically described for each individual contract proposed for deferral and must include one or more of the following:
  1. An immediate threat to the health, safety, or welfare of the department's clients.
  2. A threat to appropriate use or disposition of facilities that have been financed in whole, or in substantial part, through contracts or agreements with a state agency.
  3. A threat to the service infrastructure of a community which could endanger the well-being of the department's clients. Competitive procurement of client services contracts that meet the criteria in paragraph (a) may not be deferred for longer than 1 year.
3. (c) The Legislature intends for the department to obtain services in the manner that is most cost-effective for the state, in the manner that provides the greatest long-term benefits to the clients receiving services, and in the manner that minimizes the disruption of client services. In order to meet these legislative goals, the department may adopt rules providing procedures for the competitive procurement of contracted client services which represent an alternative to the request-for-proposal or the invitation-to-bid process. The alternative competitive procedures shall permit the department to solicit professional qualifications from prospective providers and to evaluate such statements of qualification before requesting service proposals. The department may limit the firms invited to submit service proposals to only those firms that have demonstrated the highest level of professional capability to provide the services under consideration, but may not invite fewer than three firms to submit service proposals, unless fewer than three firms submitted satisfactory statements of qualification. The alternative procedures must, at a minimum, allow the department to evaluate competing proposals and select the proposal that provides the greatest benefit to the state while considering the quality of the services, dependability and integrity of the provider, dependability of the provider's services, the experience of the provider in serving target populations or client groups substantially identical to members of the target population for the contract in question, and the ability of the provider to secure local funds to support the delivery of services, including, but not limited to, funds derived from local governments. These alternative procedures need not conform to the requirements of s. 287.042 or s. 287.057(1) or (2).
4. (d) The department shall review the period for which it executes contracts and, to the greatest extent practicable, shall execute multiyear contracts to make the most efficient use of the resources devoted to contract processing and execution.
5. (e) When it is in the best interest of a defined segment of its consumer population, the department may competitively procure and contract for systems of treatment or service that involve multiple providers, rather than procuring and contracting for treatment or services separately from each participating provider. The department must ensure that all providers that participate in the treatment or service system meet all applicable statutory, regulatory, service-quality, and cost-control requirements. If other governmental entities or units of special purpose government contribute matching funds to the support of a given system of treatment or service, the department shall formally request information from those funding entities in the procurement process and may take the information received from those funding entities into account in the selection process. If a local government contributes match to support the system of treatment or contracted service and if the match constitutes at least 25 percent of the value of the contract, the department shall afford the governmental match contributor an opportunity to name an employee to the selection team required by s. 287.057(15). Any employee so named shall qualify as one of the employees required by s. 287.057(15). The selection team shall include the named employee unless the department sets forth in writing the reason such inclusion would be contrary to the best interests of the state. No governmental entity or unit of special purpose government may name an employee to the selection team if it, or any of its political subdivisions, executive agencies, or special districts, intends to compete for the contract to be awarded. The governmental funding entity or match contributor shall comply with any deadlines and procurement procedures established by the department. The department may also involve nongovernmental funding entities in the procurement process when appropriate.
6. (f) The department may contract for or provide assessment and case management services independently from treatment services.
7. (g) The department shall adopt, by rule, provisions for including in its contracts incremental penalties to be imposed by its contract managers on a service provider due to the provider's failure to comply with a requirement for corrective action. Any financial penalty that is imposed upon a provider may not be paid from funds being used to provide services to clients, and the provider may not reduce the amount of services being delivered to clients as a method for offsetting the impact of the penalty. If a financial penalty is imposed upon a provider that is a corporation, the department shall notify, at a minimum, the board of directors of the corporation. The department may notify, at its discretion, any additional parties that the department believes may be helpful in obtaining the corrective action that is being sought. Further, the rules adopted by the department must include provisions that permit the department to deduct the financial penalties from funds that would otherwise be due to the provider, not to exceed 10 percent of the amount that otherwise would be due to the provider for the period of noncompliance. If the department imposes a financial penalty, it shall advise the provider in writing of the cause for the penalty. A failure to include such deductions in a request for payment constitutes a ground for the department to reject that request for payment. The additional remedies identified in this paragraph do not limit or restrict the department's application of any other remedy available to it in the contract or under law. The additional remedies described in this paragraph may be cumulative and may be assessed upon each separate failure to comply with instructions from the department to complete corrective action.
8. (h) The department shall develop standards of conduct and a range of disciplinary actions for its employees which are specifically related to carrying out contracting responsibilities, and shall incorporate the standards and disciplinary actions in its Employee Handbook by December 31, 1998.
9. (i) The department must implement systems and controls to ensure financial integrity and service provision quality in the developmental services Medicaid waiver service system no later than December 31, 1998. The Auditor General shall include specific reference to systems and controls related to financial integrity in the developmental services Medicaid waiver service system in his or her audit of the department for the 1998-1999 fiscal year, and for all subsequent fiscal years. The Office of Program Policy Analysis and Government Accountability shall review the department's systems and controls related to service provision quality in the developmental services Medicaid waiver service system and submit a report to the Legislature by December 31, 1999.
10. (j) If a provider fails to meet the performance standards established in the contract, the department may allow a reasonable period for the provider to correct performance deficiencies. If performance deficiencies are not resolved to the satisfaction of the department within the prescribed time, and if no extenuating circumstances can be documented by the provider to the department's satisfaction, the department must cancel the contract with the provider. The department may not enter into a new contract with that same provider for the services for which the contract was previously canceled for a period of at least 24 months after the date of cancellation. If an adult substance abuse services provider fails to meet the performance standards established in the contract, the department may allow a reasonable period, not to exceed 6 months, for the provider to correct performance deficiencies. If the performance deficiencies are not resolved to the satisfaction of the department within 6 months, the department must cancel the contract with the adult substance abuse provider, unless there is no other qualified provider in the service area.
11. (k) The department shall include in its standard contract document a requirement that it file a lien against the property where facilities are located which have been constructed or substantially renovated, in whole or in part, through the use of state funds. However, the department is not required to file a lien if the amount of state funds does not exceed $25,000 or 10 percent of the contract amount, whichever amount is less. The lien must be recorded in the county where the property is located upon the execution of the contract authorizing such construction or renovation. The lien must specify that the department has a financial interest in the property equal to the pro rata portion of the state's original investment of the then-fair-market value for renovations, or the proportionate share of the cost of the construction. The lien must also specify that the department's interest is proportionately reduced and subsequently vacated over a 20-year period of depreciation. The contract must include a provision that, as a condition of receipt of state funding for this purpose, the provider agrees that, if it disposes of the property before the department's interest is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation.
12. (l) The department shall develop and refine contracting and accountability methods that are administratively efficient and that provide for optimal provider performance.
13. (m) The department may competitively procure any contract when it deems it is in the best interest of the state to do so. The requirements described in paragraph (a) do not, and may not be construed to, limit in any way the department's ability to competitively procure any contract it executes, and the absence of any or all of the criteria described in paragraph (a) may not be used as the basis for an administrative or judicial protest of the department's determination to conduct competition, make an award, or execute any contract.
14. (n) A contract may include cost-neutral, performance-based incentives that may vary according to the extent a provider achieves or surpasses the performance standards set forth in the contract. Such incentives may be weighted proportionally to reflect the extent to which the provider has demonstrated that it has consistently met or exceeded the contractual requirements and the department's performance standards.
(18) HEADQUARTERS; SERVICE FACILITIES.--
1. (a) The department shall maintain its headquarters and all offices above the district office level in Tallahassee.
2. (b) Within each of its service districts, the department shall locate its service facilities in the same place when it is possible to do so without removing service facilities from proximity to the clients they serve. The department shall implement a plan by which all or substantially all services within a district are moved, as existing leases expire, to centers located close to prospective users or clients. These centers may be shared with other public users and may be designated as community service centers.
(19) PROCUREMENT OF HEALTH SERVICES.--Nothing contained in chapter 287 requires competitive bids for health services involving examination, diagnosis, or treatment.
(20) CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.--It is the intent of the Legislature that when county governments are required by law to participate in the funding of programs, the department shall consult with designated representatives of county governments in developing policies and service delivery plans for those programs.
(21) OUTCOME EVALUATION AND PROGRAM EFFECTIVENESS.--
1. (a) It is the intent of the Legislature to:
  1. Ensure that information be provided to decisionmakers so that resources are allocated to programs of the department that achieve desired performance levels.
  2. Provide information about the cost of such programs and their differential effectiveness so that the quality of such programs can be compared and improvements made continually.
  3. Provide information to aid in the development of related policy issues and concerns.
  4. Provide information to the public about the effectiveness of such programs in meeting established goals and objectives.
  5. Provide a basis for a system of accountability so that each client is afforded the best programs to meet his or her needs.
  6. Improve service delivery to clients.
  7. Modify or eliminate activities that are not effective.
2. (b) To accomplish these purposes, the effectiveness of department programs shall be evaluated and reported to the Governor and the Legislature pursuant to chapter 94-249, Laws of Florida, the Government Performance and Accountability Act.
(22) INNOVATION ZONES.--The health and human services board may propose designation of an innovation zone for any experimental, pilot, or demonstration project that furthers the legislatively established goals of the department. An innovation zone is a defined geographic area such as a district, county, municipality, service delivery area, school campus, or neighborhood providing a laboratory for the research, development, and testing of the applicability and efficacy of model programs, policy options, and new technologies for the department.
1. (a) 1. The district administrator shall submit a proposal for an innovation zone to the secretary. If the purpose of the proposed innovation zone is to demonstrate that specific statutory goals can be achieved more effectively by using procedures that require modification of existing rules, policies, or procedures, the proposal may request the secretary to waive such existing rules, policies, or procedures or to otherwise authorize use of alternative procedures or practices. Waivers of such existing rules, policies, or procedures must comply with applicable state or federal law.
  2. For innovation zone proposals that the secretary determines require changes to state law, the secretary may submit a request for a waiver from such laws, together with any proposed changes to state law, to the chairs of the appropriate legislative committees for consideration.
  3. For innovation zone proposals that the secretary determines require waiver of federal law, the secretary may submit a request for such waivers to the applicable federal agency.
2. (b) An innovation zone project may not have a duration of more than 2 years, but the secretary may grant an extension.
3. (c) The Statewide Health and Human Services Board, in conjunction with the secretary, shall develop a family services innovation transfer network for the purpose of providing information on innovation zone research and projects or other effective initiatives in family services to the health and human services boards established under subsection (8).
4. (d) Prior to implementing an innovation zone pursuant to the requirements of this subsection and chapter 216, the secretary shall, in conjunction with the Auditor General, develop measurable and valid objectives for such zone within a negotiated reasonable period of time. No more than 15 innovative zones shall be in operation at any one time within the districts.
  ¹Note.--Section 1, ch. 99-219, provides that:
  "(1) The following provisions of section 20.19, Florida Statutes, 1998 Supplement, are waived until July 1, 2000, for the purpose of allowing the Department of Children and Family Services to organize programs, districts, and functions of the department to achieve more effective and efficient service delivery and improve accountability, notwithstanding the provisions of section 20.04, Florida Statutes:
  "(a) Section 20.19(2)(b) and (f) Florida Statutes, 1998 Supplement, relating to the secretary and deputy secretary.
  "(b) Section 20.19(3), Florida Statutes, 1998 Supplement, relating to the Office of Standards and Evaluation.
  "(c) Section 20.19(5)(a), Florida Statutes, 1998 Supplement, relating to program offices.
  "(d) Section 20.19(6)(a), (c), and (d), Florida Statutes, 1998 Supplement, relating to the Assistant Secretary for Administration.
  "(e) Section 20.19(8)(l), (m), (n), and (o), Florida Statutes, 1998 Supplement, relating to health and human services boards.
  "(f) Section 20.19(9), Florida Statutes, 1998 Supplement, relating to district nominee qualifications review committees.
  "(g) Section 20.19(10), (a), (b), (c)1.-7., (d), (e), (f), and (g), Florida Statutes, 1998 Supplement, relating to the district administrator.
  "(h) Section 20.19(12)(d), Florida Statutes, 1998 Supplement, relating to the departmental budget. Actions taken under the authority granted by this section must be taken in consultation with the Executive Office of the Governor. The secretary shall submit a report describing actions taken and additional plans for implementing the provisions of this section to the Governor, the President of the Senate, and the Speaker of the House of Representatives by thirty days after this bill becomes law. The department shall submit status reports on a monthly basis through December 1999.
  "(2) The secretary shall submit a comprehensive reorganization plan to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1, 2000. The comprehensive reorganization plan must describe the organizational and program restructuring activities that have occurred since the effective date of this act, including indications of an improved ability to carry out the department's mission under section 20.19(1), Florida Statutes, 1998 Supplement, and any organizational efficiencies. The plan must also describe what strategies proved to be ineffective or inefficient. The plan must include any recommendations for reorganization, including program and organizational restructuring and any statutory revisions.
  "(3) The provisions of this act shall not impair the operation of any other statutory responsibilities, or the rules adopted thereunder, which are specifically conferred by statute until such statutes or rules are specifically amended or repealed in the manner provided by law."
  ²Note.--Subsection (9) provides for district nominee qualifications review committees but not for subdistrict nominee qualifications review committees.

History.--s. 19, ch. 69-106; ss. 1, 2, ch. 70-441; ss. 1, 4, ch. 71-213; s. 1, ch. 73-99; s. 1, ch. 73-114; s. 1, ch. 74-107; ss. 2, 3, 5, 6, 7, 8, 9, 10, 12, 29, 31, 32, 34, ch. 75-48; ss. 1, 2, ch. 76-115; s. 1, ch. 77-174; ss. 1, 2, 3, ch. 77-212; s. 4, ch. 78-323; s. 2, ch. 79-10; s. 1, ch. 79-26; s. 63, ch. 79-190; s. 1, ch. 79-265; ss. 1, 2, 5, ch. 79-287; s. 8, ch. 80-187; s. 1, ch. 80-202; s. 8, ch. 80-374; ss. 1, 2, 3, ch. 81-83; ss. 7, 8, 9, ch. 81-184; ss. 1, 4, 5, ch. 81-237; s. 12, ch. 81-259; s. 1, ch. 81-290; ss. 1, 4, ch. 82-46; ss. 1, 2, ch. 82-100; s. 5, ch. 82-213; s. 1, ch. 83-89; ss. 1, 11, ch. 83-177; s. 1, ch. 83-181; s. 2, ch. 83-215; s. 3, ch. 83-216; s. 2, ch. 83-230; ss. 2, 3, ch. 83-265; ss. 13, 17, ch. 84-226; s. 3, ch. 85-80; s. 1, ch. 85-270; s. 1, ch. 86-66; s. 1, ch. 86-220; ss. 1, 2, ch. 87-140; s. 2, ch. 88-235; s. 9, ch. 88-337; s. 15, ch. 88-398; ss. 1, 2, 3, ch. 89-1; ss. 1, 2, 3, ch. 89-92; s. 4, ch. 89-215; s. 2, ch. 89-296; s. 2, ch. 90-247; s. 1, ch. 90-339; s. 1, ch. 91-14; s. 1, ch. 91-158; s. 5, ch. 91-429; ss. 9, 110, ch. 92-33; s. 3, ch. 92-58; s. 1, ch. 92-174; s. 1, ch. 93-200; s. 3, ch. 94-124; s. 7, ch. 94-209; s. 1317, ch. 95-147; s. 9, ch. 95-153; s. 50, ch. 96-175; s. 5, ch. 96-403; s. 6, ch. 97-237; s. 28, ch. 97-286; s. 1, ch. 98-25; s. 1, ch. 98-137; s. 1, ch. 98-280; s. 120, ch. 98-403; s. 5, ch. 99-2; s. 1, ch. 99-7.

120.19 Department of Children and Family Services.--

¹20.19 Department of Children and Family Services.--