HB 1301 2022
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hb1301-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to community -based care lead agency 2
expenditures; amending s. 409.992, F.S.; defining 3
terms; specifying a total compensation limit from 4
state-appropriated funds for certain employees of 5
community-based care lead agencies; revising persons 6
to whom the limit applies; requiring the Department of 7
Children and Families to include a certain provision 8
in contracts with a community -based care lead agency; 9
amending s. 409.996, F.S.; revising persons of whom 10
the department must publish certain compensation 11
information; defining the term "total compensation"; 12
providing an effective date. 13
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Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Subsection (3) of section 409.992, Florida 17
Statutes, is amended, and subsection (5) is added to that 18
section, to read: 19
409.992 Lead agency expenditures. — 20
(3)(a) As used in this subsection, the term: 21
1. "Community-based care lead agency employee" means an 22
executive staff member of a community -based care lead agency, 23
including, but not limited to, the chief executive officer, 24
chief financial officer, or chief operating officer. 25
HB 1301 2022
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hb1301-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. "Incentive payment" means a financial or nonmonetary 26
reward given to a person to recognize his or her performance 27
results or to motivate him or her to exceed performance 28
standards, rather than for time worked. 29
3. "Total compensation" includes direct and indirect 30
salary, including base salary; bonuses; incenti ve payments; 31
cashed-in leave; cash equivalents; severance pay; retirement 32
benefits; deferred compensation; real property gifts; any other 33
payout, such as additional leave, information technology 34
equipment, leased vehicles, or car allowances; access to priv ate 35
donations or foundation funding or expense accounts; taxable 36
group-term life insurance coverage; supplemental paid time off; 37
or any other items that could be considered perquisites or 38
accruals of deferred amounts. 39
(b) Notwithstanding any other provision of law, a 40
community-based care lead agency administrative employee may not 41
receive total compensation from state -appropriated funds, 42
including state-appropriated federal funds, as a result of 43
employment with one or more community -based care lead agenci es, 44
a community-based care lead agency and a managing entity, or a 45
community-based care lead agency and another state agency a 46
salary, whether base pay or base pay combined with any bonus or 47
incentive payments, in excess of 150 percent of the annual 48
salary paid to the secretary of the Department of Children and 49
Families from state-appropriated funds, including state -50
HB 1301 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
appropriated federal funds . 51
(c) This subsection does not prohibit any party from 52
providing cash that is not from appropriated state funds to a 53
community-based care lead agency administrative employee. 54
(5) Upon the execution of a new contract or in any 55
amendment to an existing contract with a community -based care 56
lead agency, the department shall include a provision for the 57
limitation on compensation specified in subsection (3). 58
Section 2. Subsection (4) of section 409.996, Florida 59
Statutes, is amended to read: 60
409.996 Duties of the Department of Children and 61
Families.—The department shall contract for the delivery, 62
administration, or man agement of care for children in the child 63
protection and child welfare system. In doing so, the department 64
retains responsibility for the quality of contracted services 65
and programs and shall ensure that, at a minimum, services are 66
delivered in accordance with applicable federal and state 67
statutes and regulations and the performance standards and 68
metrics specified in the strategic plan created under s. 69
20.19(1). 70
(4)(a) The department shall collect and publish on its 71
website, and annually update, all of th e following information 72
for each lead agency under contract with the department: 73
1. All compensation earned or awarded, whether paid or 74
accrued, regardless of contingency, by position, for any 75
HB 1301 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
employee, and any other person who is compensated through a 76
contract for services whose services include those commonly 77
associated with a chief executive, chief administrator, or other 78
chief officer of a business or corporation, who receives total 79
compensation from state-appropriated funds in excess of 150 80
percent of the annual salary paid to the secretary of the 81
department. For purposes of this paragraph, the term "employee" 82
has the same meaning as in s. 448.095 , and the term "total 83
compensation" has the s ame meaning as in s. 409.992(3)(a) . 84
2. All findings of the review under subsection (3). 85
(b) The department shall collect and publish on its 86
website, and update monthly, the information required under s. 87
409.988(1)(k). 88
Section 3. This act shall take effect July 1, 2022. 89