This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0963a.HCA
DATE: 2/15/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 963 Funding For Sheriffs Providing Child Protective Investigative Services
SPONSOR(S): Hunschofsky
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1452
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Health Care Appropriations Subcommittee 13 Y, 0 N Fontaine Clark
2) Children, Families & Seniors Subcommittee
3) Appropriations Committee
SUMMARY ANALYSIS
A child protective investigation is instigated when a credible report of child abuse, neglect, or abandonment is
received by the Florida Abuse Hotline. An investigation entails determining if the allegation meets the statutory
criteria to be accepted for an investigation, gathering of information, and making a determination of whether
child maltreatment occurred or if the child is at-risk of abuse or neglect. The Department of Children and
Families (DCF) conducts child protective investigations in 60 counties while the local sheriffs perform
investigations in seven counties. The funding to those sheriffs performing investigations is governed through a
contractual agreement with DCF.
House Bill 963 permits a sheriff, who is under contract with DCF to conduct child protective investigations, to
carry forward unused state funding from one fiscal year to the next. The bill caps the carry forward of
unexpended funding to eight percent of the total contract amount or grant award agreement. Any unused
funding in excess of the eight percent cap is to be returned to DCF.
HB 963 limits the use of carry forward funding, such that it:
Cannot be used to increase a recurring obligation;
Cannot be used for a program or service that is not authorized by the existing contract with DCF; and,
Must be reported to the department separately from other funding.
The bill further specifies that all unexpended funding is to be returned to DCF should a sheriff’s office no longer
provide child protective investigations.
This bill has an insignificant fiscal impact.
The bill has an effective date of July 1, 2022.
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DATE: 2/15/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
A child protective investigation is instigated when a credible report of child abuse, neglect, or
abandonment is received by the Florida Abuse Hotline. An investigation entails determining if the
allegation meets the statutory criteria to be accepted for an investigation, gathering of information, and
making a determination of whether child maltreatment occurred or if the child is at-risk of abuse or
neglect. Pursuant to s. 39.3065 F.S., the Department of Children and Families (DCF) has been
authorized to enter into contracts with county sheriffs to provide child protective investigations since
1998. An investigation begins when the Florida Abuse Hotline receives a report that a child has been
abused, abandoned, or neglected. Currently, the department is responsible for performing child
protective investigations in 60 counties statewide, while sheriff’s offices in the remaining seven counties
are responsible for performing child protective investigations.
The funding to sheriffs performing the investigations is provided annually in the General Appropriations
Act. Although DCF provides funding, state monies are not the only source of funding for sheriff’s
offices. They receive other grants, including federal funding, for operations and programs. Section
39.3065, F.S., stipulates that funding provided for child protective investigations may not be integrated
into the sheriff’s regular operating budgets, and the accounting of such must be maintained separately
from all other records and reported to DCF as specified in the grant agreement. For Fiscal Year 2021-
2022, the General Appropriations Act provided $57,673,013 to seven sheriffs for child protective
investigation services. Currently, sheriffs are required to return undisbursed appropriations to DCF at
the end of the fiscal year. On average, over the past three years, sheriffs have remitted $1,100,000
annually.
DCF also contracts with Community Based Care lead agencies for child welfare activities. Section
409.990, F.S., allows the lead agencies to carry forward unexpended state funds from one fiscal year to
the next, and caps the amount at eight percent.
Effect of Proposed Changes
The bill amends s. 39.3065, F.S., to allow a sheriff that provides child protective investigation services
to carry forward documented, unexpended state funds from one fiscal year to the next. However, the
cumulative amount carried forward may not exceed eight percent of the total contract or grant
agreement. Funding in excess of the eight percent cap is to be returned to DCF.
The bill specifies that the funds carried forward cannot be used to create a recurring obligation, or
towards any program or service that is not currently authorized by the existing contract or grant
agreement. The expenditure of funds carried forward must be separately reported to DCF. Also, a
sheriff must return all unexpended funds, regardless of source, to the department if that sheriff’s office
discontinues providing child protective investigation services.
B. SECTION DIRECTORY:
Section 1: Amends s. 39.3065, F.S., to allow sheriffs to carry forward state funds provided for child
protective investigations.
Section 2: Provides an effective date of July 1, 2022.
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DATE: 2/15/2022
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill does not affect revenues or expenditures for a state entity, local government, or the private
sector; however, the bill allows for certain sheriff’s offices to carry forward state funding provided for
child protective investigations from one fiscal year to the next. Each sheriff’s total amount of carry
forward cannot exceed eight percent of its total contract amount with DCF. This may affect reversions
to the General Revenue Fund in an insignificant way.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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DATE: 2/15/2022
On February 14, 2022, the Health Care Appropriations Subcommittee adopted an amendment specifying
that sheriffs may only carry forward state funds from one fiscal year to the next, as federal law does not
allow federal funds to be carried forward. This analysis is drafted to the committee substitute as passed by
the Health Care Appropriations Subcommittee.