Florida 2022 Regular Session

Florida House Bill H1069 Latest Draft

Bill / Introduced Version Filed 12/29/2021

                               
 
HB 1069  	2022 
 
 
 
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A bill to be entitled 1 
An act relating to community -based care lead agency 2 
funding; amending s. 409.991, F.S.; providing and 3 
revising definitions; revising provisions relating to 4 
the allocation of funding for community -based care 5 
lead agencies; requiring that certain factors be 6 
considered in allocating core services funds to 7 
community-based care lead agencies; providing for the 8 
calculation of such allocation of core services funds; 9 
requiring the Department of Children and Families to 10 
adopt rules; providing an effective date. 11 
 12 
Be It Enacted by the Legislature of the State of Florida: 13 
 14 
 Section 1.  Section 409.991, Florida Statutes, is amended 15 
to read: 16 
 409.991  Allocation of funds for community-based care lead 17 
agencies.— 18 
 (1)  As used in this section, the term: 19 
 (a)  "Annual licensed care caseload" means a community -20 
based care lead agency's average number of children in licensed 21 
care during the most recent 12 months. 22 
 (b)  "Average board rate" means the most recent statewide 23 
total amount of full month payments for all items charged for 24 
room and board, divided by the number of children for which 25     
 
HB 1069  	2022 
 
 
 
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those payments are made, divided by the number of days in that 26 
month. 27 
 (c)  "Caseload" means the average caseload size of a 28 
community-based care lead agency which is determined by summing 29 
the most recent month -end average of children in in -home and 30 
out-of-home care during the most recent 24 months and the 31 
average annual number of finalized adop tions based on the most 32 
recent 24 months. 33 
 (d)(a) "Core services funds" means all funds allocated to 34 
community-based care lead agencies operating under contract with 35 
the department pursuant to s. 409.987, with the following 36 
exceptions: 37 
 1.  Funds appropriated for independent living; 38 
 2.  Funds appropriated for maintenance adoption subsidies; 39 
 3.  Funds allocated by the department for protective 40 
investigations training; 41 
 4.  Nonrecurring funds; 42 
 5.  Designated mental health wrap -around services funds; 43 
 6.  Funds for special projects for a designated community -44 
based care lead agency; and 45 
 7.  Funds appropriated for the Guardianship Assistance 46 
Program under s. 39.6225. 47 
 (2)  The factors to be considered in allocating core 48 
services funds to each community -based care lead agency must 49 
include all of the following: 50     
 
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 (a)  The amount spent on prevention services by the 51 
community-based care lead agency to prevent children from 52 
entering or reentering foster care, based on the most recent 53 
fiscal year of such spending by the community-based care lead 54 
agency. Such amount may be increased based on a community -based 55 
care lead agency's performance in reducing the number of 56 
children in out-of-home care. 57 
 (b)  The statewide average cost per child for client 58 
services as determin ed by the department, multiplied by the 59 
number of children in a caseload. Such product must be adjusted 60 
based on the average district cost differential provided in s. 61 
1011.62 for the counties served, weighted by child population. 62 
 (c)  The projected cost o f board costs, determined by 63 
summing the totals of: 64 
 1.  The annual licensed care caseload, multiplied by the 65 
average board rate; and 66 
 2.  The number of annual removals, multiplied by the 67 
initial clothing allowance as determined by the department. 68 
 (d)  The projected cost of staffing needs for the 69 
community-based care lead agency, determined by summing the 70 
totals of: 71 
 1.  The statewide average cost per position, as determined 72 
by the department, for all case managers and direct support 73 
positions; foster home recruitment, licensing, and out -of-home 74 
care placement positions; and adoption support positions for the 75     
 
HB 1069  	2022 
 
 
 
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community-based care lead agency based on the lead agency's 76 
caseload, including staffing necessary to obtain one case 77 
manager per 14 children by the 2 023-2024 fiscal year; and 78 
 2.  The average district cost differential for the counties 79 
served by the community -based care lead agency as provided in s. 80 
1011.62, weighted by the child population of each county served. 81 
 (e)  Program support and operations co sts determined by 82 
multiplying 0.1 by the projected cost of staffing needs as 83 
determined in paragraph (d). 84 
 (3)  The allocation of core services funds shall be 85 
calculated based on all of the following: 86 
 (a)  The projected core services funding is determined by 87 
summing the amounts determined in paragraphs (2)(a) -(e). 88 
 (b)  The actual allocated funding for the most recent 89 
fiscal year for a community -based care lead agency shall be 90 
divided by the projected core services funding to determine the 91 
percent of projected core services funding for that community -92 
based care lead agency. 93 
 (c)1.  Unless otherwise specified in the General 94 
Appropriations Act, any new core service funds shall be 95 
allocated proportionally to community -based care lead agencies 96 
below 90 percent of projected core services funding based on the 97 
degree to which their projected core services funding is below 98 
90 percent, until 90 percent or greater projected core services 99 
funding is achieved for each community -based care lead agency. 100     
 
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 2.  Once 90 percent of projected core services funding is 101 
achieved for each community -based care lead agency, any new core 102 
services funds shall be allocated proportionally to community -103 
based care lead agencies below 100 percent of projected core 104 
services funding based on t he degree to which their percent of 105 
projected core services funding is below 100 percent, until 100 106 
percent of projected core services funding is achieved for each 107 
community-based care lead agency. 108 
 (4)  The department shall adopt rules necessary to 109 
implement this section, which must include, but need not be 110 
limited to, rules that specify qualifying prevention 111 
expenditures and staffing ratios for case managers and direct 112 
support positions; foster home recruitment, licensing, and out -113 
of-home care placement p ositions; and adoption support staff 114 
positions. 115 
 (b)  "Equity allocation model" means an allocation model 116 
that uses the following factors: 117 
 1.  Proportion of the child population; 118 
 2.  Proportion of child abuse hotline workload; and 119 
 3.  Proportion of chil dren in care. 120 
 (c)  "Proportion of child population" means the proportion 121 
of children up to 18 years of age during the previous calendar 122 
year in the geographic area served by the community -based care 123 
lead agency. 124 
 (d)  "Proportion of child abuse hotline wo rkload" means the 125     
 
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weighted average of the following subcomponents: 126 
 1.  The average number of initial and additional child 127 
abuse reports received during the month for the most recent 12 128 
months based on child protective investigations trend reports as 129 
determined by the department. This subcomponent shall be 130 
weighted as 20 percent of the factor. 131 
 2.  The average count of children in investigations in the 132 
most recent 12 months based on child protective investigations 133 
trend reports as determined by the departme nt. This subcomponent 134 
shall be weighted as 40 percent of the factor. 135 
 3.  The average count of children in investigations with a 136 
most serious finding of verified abuse in the most recent 12 137 
months based on child protective investigations trend reports as 138 
determined by the department. This subcomponent shall be 139 
weighted as 40 percent of the factor. 140 
 (e)  "Proportion of children in care" means the proportion 141 
of the number of children in care receiving in -home services 142 
over the most recent 12 -month period, the number of children 143 
whose families are receiving family support services over the 144 
most recent 12-month period, and the number of children who have 145 
entered into out-of-home care with a case management overlay 146 
during the most recent 24 -month period. This sub component shall 147 
be weighted as follows: 148 
 1.  Fifteen percent shall be based on children whose 149 
families are receiving family support services. 150     
 
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 2.  Fifty-five percent shall be based on children in out -151 
of-home care. 152 
 3.  Thirty percent shall be based on children in in-home 153 
care. 154 
 (2)  The equity allocation of core services funds shall be 155 
calculated based on the following weights: 156 
 (a)  Proportion of the child population shall be weighted 157 
as 5 percent of the total. 158 
 (b)  Proportion of child abuse hotline w orkload shall be 159 
weighted as 35 percent of the total. 160 
 (c)  Proportion of children in care shall be weighted as 60 161 
percent of the total. 162 
 (3)  Beginning in the 2015 -2016 state fiscal year, 100 163 
percent of the recurring core services funding for each 164 
community-based care lead agency shall be based on the prior 165 
year recurring base of core services funds . 166 
 (4)  Unless otherwise specified in the General 167 
Appropriations Act, any new core services funds shall be 168 
allocated based on the equity allocation model as follows: 169 
 (a)  Seventy percent of new funding shall be allocated 170 
among all community-based care lead agencies . 171 
 (b)  Thirty percent of new funding shall be allocated among 172 
community-based care lead agencies that are funded below their 173 
equitable share. Funds allocated pursuant to this paragraph 174 
shall be weighted based on each community -based care lead 175     
 
HB 1069  	2022 
 
 
 
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agency's relative proportion of the total amount of funding 176 
below the equitable share. 177 
 Section 2.  This act shall take effect July 1, 2022. 178