Florida 2022 Regular Session

Florida House Bill H1301 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to community -based care lead agency 2
16	16	expenditures; amending s. 409.992, F.S.; defining 3
17	17	terms; specifying a total compensation limit from 4
18	18	state-appropriated funds for certain employees of 5
19	19	community-based care lead agencies; revising persons 6
20	20	to whom the limit applies; requiring the Department of 7
21	21	Children and Families to include a certain provision 8
22	22	in contracts with a community -based care lead agency; 9
23	23	amending s. 409.996, F.S.; revising persons of whom 10
24	24	the department must publish certain compensation 11
25	25	information; defining the term "total compensation"; 12
26	26	providing an effective date. 13
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28	28	Be It Enacted by the Legislature of the State of Florida: 15
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30	30	Section 1. Subsection (3) of section 409.992, Florida 17
31	31	Statutes, is amended, and subsection (5) is added to that 18
32	32	section, to read: 19
33	33	409.992 Lead agency expenditures. — 20
34	34	(3)(a) As used in this subsection, the term: 21
35	35	1. "Community-based care lead agency employee" means an 22
36	36	executive staff member of a community -based care lead agency, 23
37	37	including, but not limited to, the chief executive officer, 24
38	38	chief financial officer, or chief operating officer. 25
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47	47	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
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51	51	2. "Incentive payment" means a financial or nonmonetary 26
52	52	reward given to a person to recognize his or her performance 27
53	53	results or to motivate him or her to exceed performance 28
54	54	standards, rather than for time worked. 29
55	55	3. "Total compensation" includes direct and indirect 30
56	56	salary, including base salary; bonuses; incenti ve payments; 31
57	57	cashed-in leave; cash equivalents; severance pay; retirement 32
58	58	benefits; deferred compensation; real property gifts; any other 33
59	59	payout, such as additional leave, information technology 34
60	60	equipment, leased vehicles, or car allowances; access to priv ate 35
61	61	donations or foundation funding or expense accounts; taxable 36
62	62	group-term life insurance coverage; supplemental paid time off; 37
63	63	or any other items that could be considered perquisites or 38
64	64	accruals of deferred amounts. 39
65	65	(b) Notwithstanding any other provision of law, a 40
66	66	community-based care lead agency administrative employee may not 41
67	67	receive total compensation from state -appropriated funds, 42
68	68	including state-appropriated federal funds, as a result of 43
69	69	employment with one or more community -based care lead agenci es, 44
70	70	a community-based care lead agency and a managing entity, or a 45
71	71	community-based care lead agency and another state agency a 46
72	72	salary, whether base pay or base pay combined with any bonus or 47
73	73	incentive payments, in excess of 150 percent of the annual 48
74	74	salary paid to the secretary of the Department of Children and 49
75	75	Families from state-appropriated funds, including state -50
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84	84	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
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88	88	appropriated federal funds . 51
89	89	(c) This subsection does not prohibit any party from 52
90	90	providing cash that is not from appropriated state funds to a 53
91	91	community-based care lead agency administrative employee. 54
92	92	(5) Upon the execution of a new contract or in any 55
93	93	amendment to an existing contract with a community -based care 56
94	94	lead agency, the department shall include a provision for the 57
95	95	limitation on compensation specified in subsection (3). 58
96	96	Section 2. Subsection (4) of section 409.996, Florida 59
97	97	Statutes, is amended to read: 60
98	98	409.996 Duties of the Department of Children and 61
99	99	Families.—The department shall contract for the delivery, 62
100	100	administration, or man agement of care for children in the child 63
101	101	protection and child welfare system. In doing so, the department 64
102	102	retains responsibility for the quality of contracted services 65
103	103	and programs and shall ensure that, at a minimum, services are 66
104	104	delivered in accordance with applicable federal and state 67
105	105	statutes and regulations and the performance standards and 68
106	106	metrics specified in the strategic plan created under s. 69
107	107	20.19(1). 70
108	108	(4)(a) The department shall collect and publish on its 71
109	109	website, and annually update, all of th e following information 72
110	110	for each lead agency under contract with the department: 73
111	111	1. All compensation earned or awarded, whether paid or 74
112	112	accrued, regardless of contingency, by position, for any 75
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121	121	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
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125	125	employee, and any other person who is compensated through a 76
126	126	contract for services whose services include those commonly 77
127	127	associated with a chief executive, chief administrator, or other 78
128	128	chief officer of a business or corporation, who receives total 79
129	129	compensation from state-appropriated funds in excess of 150 80
130	130	percent of the annual salary paid to the secretary of the 81
131	131	department. For purposes of this paragraph, the term "employee" 82
132	132	has the same meaning as in s. 448.095 , and the term "total 83
133	133	compensation" has the s ame meaning as in s. 409.992(3)(a) . 84
134	134	2. All findings of the review under subsection (3). 85
135	135	(b) The department shall collect and publish on its 86
136	136	website, and update monthly, the information required under s. 87
137	137	409.988(1)(k). 88
138	138	Section 3. This act shall take effect July 1, 2022. 89