Florida 2022 2022 Regular Session

Florida Senate Bill S0912 Analysis / Analysis

Filed 01/11/2022

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs  
 
BILL: SB 912 
INTRODUCER:  Senator Brodeur 
SUBJECT:  Community-based Care Lead Agency Expenditures 
DATE: January 10, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Moody Cox CF Favorable 
2.     AHS   
3.     AP  
 
I. Summary: 
SB 912 amends s. 409.992(3)(b), F.S., to restrict the total compensation from state-appropriated 
funds, including state-appropriated federal funds, that is received by a community-based care 
lead agency employee from employment with one or more community-based care lead agencies, 
a community-based care lead agency and a managing entity, or a community-based care lead 
agency and another state agency in excess of 150 percent of the annual salary paid to the 
secretary of the Department of Children and Families (DCF). The bill maintains current law as it 
relates to any party providing cash that is not from appropriated state funds to a lead agency 
employee. 
 
The bill defines the terms “community-based care lead agency employee”, “incentive payment”, 
and “total compensation”. 
 
The bill also provides that upon the execution of a new contract or an amendment to an existing 
contract with a community-based care lead agency, the DCF must include a provision for the 
new limitation on compensation made under the bill. 
 
The bill also amends s. 409.996(4)(a)1., F.S., to update the provision regarding the DCF’s 
requirement to collect and publish on its website, and update annually, information relating to 
total compensation, as defined under the bill, from state-appropriated funds in excess of 150 
percent of the annual salary paid to the secretary of the DCF. 
 
The bill does not appear to have a fiscal impact on state or local governments. See Section V. 
Fiscal Impact Statement. 
  
The bill is effective July 1, 2022. 
REVISED:   BILL: SB 912   	Page 2 
 
II. Present Situation: 
The DCF was created to support and promote stable and safe families.
1
 The DCF is required to 
work with local partners to provide services by contract through private providers to the extent 
allowed by law and within specified appropriations.
2
  
 
Community-based Care Lead Agency 
The DCF operates a community-based care child welfare system that outsources foster care and 
related services to agencies with an increased local community ownership to enhance 
accountability, resource development, and system performance.
3
 The DCF contracts with 
community-based care lead agencies (lead agency) to provide direct or indirect child welfare 
services.
4
 
 
The DCF Duties 
Notwithstanding that services are contracted with local lead agencies, the DCF remains 
responsible for providing child welfare and support services in accordance with federal and state 
law.
5
 The Legislature has articulated several duties with which the DCF must comply, including, 
in part, all of the following:  
 Ensuring the DCF’s contracts with the lead agencies contain specified terms, including to: 
o Provide for the services which must be provided as required under s. 409.988, F.S., and 
provide relevant information to the DCF related to the quality assurance program and the 
child welfare results-oriented accountability system; 
o Provide for tiered interventions and graduated penalties for failure to comply with the 
contract or performance deficiencies; 
o Require the lead agencies to provide current and accurate information of its activities 
related to case records in the statewide automated child welfare information system; and 
o Specify the procedures to resolve differences in interpreting the contract or to resolve a 
disagreement amongst the parties regarding compliance with the contract; 
 Developing and maintaining written policies and procedures for monitoring compliance with 
the services that must be provided by lead agencies under their contracts and posted on the 
DCF website; 
 Developing and implementing statewide and local interagency agreements to coordinate 
services that need to be provided to children and parents; 
 Establishing a quality assurance program for contracted services to dependent children; 
 Evaluating lead agencies under contract at least once annually; 
 Collecting and publishing on its website, and annually updated, specified information related 
to each lead agency under contract with the DCF, including, but not limited to, all 
compensation earned or awarded for any employee for services commonly associated with a 
chief executive, chief administrator, or other chief officer of a business or corporation, who 
                                                
1
 See s. 20.19, F.S. 
2
 Section 20.19(1)(c), F.S. 
3
 The DCF, Community-Based Care, available at https://www.myflfamilies.com/service-programs/community-based-
care/overview.shtml (last visited Jan. 7, 2022). 
4
 Id. 
5
 Section 409.996, F.S.  BILL: SB 912   	Page 3 
 
receives compensation from state-appropriated funds in excess of 150 percent of the annual 
salary paid to the secretary of the DCF.
6
  
 
Contracted Lead Agencies 
A lead agency is a single entity with which the DCF has a contract for the provision of care in 
the child protection and welfare system.
7
 The DCF enters into 5-year contracts with lead 
agencies for the procurement of services.
8
 There are minimum requirements with which lead 
agencies must comply to be eligible to contract with the DCF, including, but not limited to: 
 The lead agency must be organized as a Florida corporation or a governmental entity;
9
  
 The board of directors or board committee must have the authority to approve the lead 
agency’s budget and to hire the lead agency’s executive director;
10
 and 
 The lead agency must also demonstrate financial responsibility by having a plan for regular 
fiscal audits and securing a performance bond.
11
  
 
The lead agencies are obligated to perform several duties including, in part, to: 
 Serve the children who are referred as a result of abuse, abandonment, or neglect reports; 
 Provide accurate and timely information to the DCF, as specified in s. 409.997, F.S.; 
 Follow financial guidelines developed by the DCF and provide for a regular independent 
audits; 
 Prepare and file all necessary court documents, and attend dependency court proceedings to 
give evidence; 
 Ensure all individuals providing care to dependent children receive training and specified 
information and meet employment requirements; 
 Maintain eligibility to receive all available federal child welfare funds; 
 Maintain written agreements with Healthy Families Florida lead entities; 
 Comply with federal and state statutory requirements and agency rules in the provision of 
contractual rules; 
 Use authority to subcontract for the provision of services provided the lead agency contribute 
to services and meet specified criteria; and 
 Post certain information regarding case management services on its website by a specified 
date.
12
 
 
                                                
6
 Id. 
7
 Section 409.986(3)(d), F.S. 
8
 Section 409.987(3), F.S. 
9
 Section 409.987(4)(a), F.S. 
10
 Section 409.987(4)(b), F.S. 
11
 Section 409.987(4)(c), F.S. 
12
 Section 409.988(1), F.S. Further, s. 409.988(1)(k), F.S., provides that lead agencies and subcontracted case management 
providers must disclose the average caseload of case managers for filled positions, the turnover rate for case managers and 
their supervisors for the previous 12 months, the percentage of required home visits completed, and performance on outcome 
measures required under s. 409.997, F.S., for the previous 12 months.  BILL: SB 912   	Page 4 
 
The DCF contracts with the following lead agencies as illustrated in the table below:
13
  
 
Lead Agency 	Circuit(s) 
Lakeview Center, Families First Network 	1 
Big Bend Community Based Care, Inc. 	2 & 14 
Partnership for Strong Families 	3 & 8 
Family Support Services of North Florida, Inc. 4 (Duval and Nassau) and 6
14
 
Kids First of Florida, Inc. 	4 (Clay) 
Kids Central, Inc. 	5 
Eckerd Connects 	13
15
 
St Johns County Board of County 
Commissioners 
7 (St Johns) 
Community Partnership for Children, Inc. 7 (Flagler, Volusia, Putnam) 
Embrace Families 	9 and 18 (Seminole) 
Heartland for Children 	10 
Citrus Family Care Network 	11 and 16 
Safe Children Coalition 	12 
ChildNet Inc. 	15 and 17 
Brevard Family Partnership 	18 (Brevard) 
Communities Connected for Kids 	19 
Children’s Network of SW Florida 	20 
            
Managing Entities (MEs) 
The DCF administers a statewide system of safety-net services for substance abuse and mental 
health (SAMH) prevention, treatment and recovery for children and adults who are otherwise 
unable to obtain these services. SAMH programs include a range of prevention, acute 
interventions (e.g. crisis stabilization), residential treatment, transitional housing, outpatient 
treatment, and recovery support services. Services are provided based upon state and federally-
established priority populations.
16
  
 
In 2001, the Legislature authorized the DCF to implement behavioral health managing entities 
(ME) as the management structure for the delivery of local mental health and substance abuse 
services.
17
 The implementation of the ME system initially began on a pilot basis and, in 2008, 
the Legislature authorized DCF to implement MEs statewide.
18
 Full implementation of the 
                                                
13
 The DCF, Lead Agency Map, Community-Based Care, available at: https://www.myflfamilies.com/service-
programs/community-based-care/lead-agency-map.shtml (last visited Dec. 29, 2021). 
14
 WUSF Public Media, Family Support Services of North Florida will fully take over on January 1, 2022, Nov. 30, 2021, 
available at State selects replacement for Eckerd Connects to run foster care in Pinellas, Pasco | WUSF Public Media (last 
visited Jan. 3, 2022). 
15
 Eckerd Connects will carry out its contract until it expires June 30, 2022. WFLA, DCF, Eckerd Connects ending child 
welfare services contracts in 3 Tampa Bay counties, available at https://www.wfla.com/news/local-news/dcf-eckerd-
connects-end-child-welfare-services-in-3-tampa-bay-counties/ (last visited Jan. 7, 2022). 
16
 See chs. 394 and 397, F.S. 
17
 Chapter 2001-191, L.O.F. 
18
 Chapter 2008-243, L.O.F.  BILL: SB 912   	Page 5 
 
statewide ME system occurred in 2013 and all geographic regions are now served by a managing 
entity.
19
  
 
The DCF contracts with the following seven MEs below:  
 Northwest Florida Health Network.  
 Lutheran Services Florida.  
 Central Florida Cares Health System.  
 Central Florida Behavioral Health Network, Inc. 
 Southeast Florida Behavioral Health.  
 Broward Behavioral Health Network, Inc. 
 Thriving Mind South Florida.
20
 
 
The MEs in turn contract with local service providers for the delivery of mental health and 
substance abuse services.
21
 In Fiscal Year 2020-21, the network service providers under contract 
with the MEs served 225,927 individuals.
22
 
 
Funding  
Section 409.990, F.S., requires that a contract between the DCF and a lead agency be funded 
through General Revenue, or other applicable state or federal funding sources. Lead agencies 
must allocate their funding as provided under Florida law based on a proportion of child 
population, child abuse hotline workload, and children in care.
23
 
 
Contracts with MEs are funded with General Revenue, other qualifying state funds, or applicable 
federal funding.
24
 The MEs are required to develop, implement, and maintain standards for 
collecting data related to public receiving facilities
25
 within its service area and contracted 
addiction receiving facilities.
26
 MEs are required to reconcile the data on a monthly basis, and 
                                                
19
 Florida Tax Watch, Analysis of Florida’s Behavioral Health Managing Entity Models, p. 4, March 2015, available at 
https://floridataxwatch.org/Research/Full-Library/ArtMID/34407/ArticleID/15758/Analysis-of-Floridas-Behavioral-Health-
Managing-Entities-Model (last visited Dec. 29, 2021). 
20
 The DCF, Assessment of Behavioral Health Services, Fiscal Year 2021-2022, Dec. 1, 2021, p. 5, available at  
https://www.myflfamilies.com/service-
programs/samh/publications/docs/Assessment%20of%20Behavioral%20Health%20Services%20FY%2021-
22%20with%20Appendix%201.pdff (last visited Jan. 3, 2021)(hereinafter cited as “The 2021-2022 Report”). 
21
 Managing entities create and manage provider networks by contracting with service providers for the delivery of substance 
abuse and mental health services. 
22
 The 2021-2022 Report at p. 10.  
23
 Section 409.991(2), F.S., provides that core services funds are calculated based on the proportion of the (a) child 
population weighted as 5 percent of the total; (b) child abuse hotline workload weighted as 35 percent of the total; and (c) 
children in care weighted as 60 percent of the total. Section 409.991(3), F.S., provides that beginning in the 2015-2016 FY, 
100 percent of the recurring core services funding must be based on the prior year recurring base core services funds, and any 
new funding be allocated as: (a) seventy percent of new funding amongst all lead agencies and (b) thirty percent of new 
funding to lead agencies that are funded below their equitable share.  
24
 Section 394.9082(9), F.S. 
25
 Section 394.9082(10), F.S., defines “public receiving facility” as an entity that meets the licensure requirements of, and is 
designated by, the department to operate as a public receiving facility under s. 394.875, F.S., and that is operating as a 
licensed crisis stabilization unit. 
26
 Id.  BILL: SB 912   	Page 6 
 
submit the data to the DCF on a monthly and annual basis. The DCF is required to post data on 
its website regarding each ME’s utilization of funds.
27
 
 
Compensation and Review of Compensation under Certain State Contracts 
Lead agency expenditures must comply with financial guidelines developed by the DCF, comply 
with federal and state law, and follow good business practices.
28
 The Internal Revenue Code sets 
the rules governing compensation at public nonprofits, including those known as 501(c)(3) 
organizations, and specifies that no part of the net earnings of a section 501(c)(3) organization 
may inure to the benefit of any private shareholder or individual.
29
 However, the Internal 
Revenue Service (IRS) gives each nonprofit’s board of directors latitude in determining how 
much to pay top employees. The IRS requires a nonprofit board to have an objective process for 
setting executives’ salaries, including use of comparisons with salaries paid by similar 
organizations for similar service.
30
 
 
2015 Operational Audit 
In 2015, during an operational audit of the lead agencies, the Florida Auditor General found 
instances where salary payments, including bonuses, and leave balances did not appear to be 
properly supported or calculated in accordance with established community-based care policy or 
state law.
31
 In 2015, during an operational audit of the MEs, the Florida Auditor General found 
instances where salary payments for leave used and ME employee leave balances did not appear 
to be supported or calculated accurately.
32
  
 
During the 2017 Legislative Session, CS/CS/HB 1121 passed and was signed into law, which, in 
part, limited the lead agencies’ administrative employees’ salaries to 150 percent of the annual 
salary paid to the Secretary of the DCF from state-appropriated funds.
33
 However, there is no 
limitation placed on the ability of any party to provide cash that is not from appropriated state 
funds to a community-based care lead agency administrative employee.
34
 Administrative 
employees is not defined in s. 409.992(3), F.S.  
 
                                                
27
 Section 394.9082(10)(e) and (f), F.S. 
28
 Section 409.992(1), F.S. 
29
 26 U.S.C. §501. Exemption from tax on corporations, certain trusts, etc. Subject to some exemptions, corporations and 
other eligible entities that are organized and operate exclusively for religious, charitable, scientific and other specified 
purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial 
part of the activities of which is carrying on propaganda, or otherwise conducting exempted activities, are exempt from 
taxation. 
30
 Id. However, a nonprofit that normally pays no taxes may be taxed for paying excess benefits to an insider. 
31
 The Office of the Auditor General, Department of Children and Families and Selected Community-Based Care Lead 
Agencies Oversight of Foster Care and Related Service, Report No. 2015-156, p. 1, Mar. 2015, available at 
https://flauditor.gov/pages/pdf_files/2015-156.pdf (last visited Dec. 29, 2021). 
32
 The Office of the Auditor General, Department of Children and Families and Selected Behavioral Health Managing 
Entities, Report No. 2015-155, p. 1-2, Mar. 2015, available at https://flauditor.gov/pages/pdf_files/2015-155.pdf (last visited 
Dec. 29, 2021). 
33
 Chapter 2017-151, s. 31, L.O.F. (amending s. 409.992, F.S., effective July 1, 2017). 
34
 Section 409.992(3), F.S.  BILL: SB 912   	Page 7 
 
2019 Operational Audit 
In a January 2019 operational audit (2019 Audit Report), the Florida Auditor General conducted 
a new independent audit and also followed up on the findings noted in the 2015 report related to 
lead agencies mentioned above. The 2019 report stated that as of March 31, 2017, which is prior 
to the implementation of CS/CS/HB 1121 (2017), the lead agencies’ chief executive officer 
annual salaries, before bonuses, averaged $210,863, and the average allocated to the DCF 
contracts with the lead agencies was $160,000.
35
 The only finding related to the lead agencies on 
compensation benefits stated that two of the DCF’s subcontracted entities did not require salaried 
employees to record annual leave used in increments of less than 8 hours.
36
  
 
In the 2019 Audit Report, as of March 31, 2017, the MEs’ chief executive officer annual salaries, 
before bonuses, averaged $226,216, and the average allocated to the DCF contracts with the MEs 
was $170,905.
37
 The 2019 report also found that bonus payments of one ME did not appear 
reasonable and necessary to the performance of the ME’s duties.
38
 The Florida Auditor General 
recommended the DCF amend the managing entity (ME) contracts to require compliance with 
statutory provisions restricting the use of state-funded bonus payments under the contract.
39
 
  
2020 Executive Order and Chief Inspector General Review 
Governor Ron DeSantis issued an executive order dated February 20, 2020 (EO 20-44)
40
 
following a finding that the chief executive officer of the Florida Coalition Against Domestic 
Violence (“Coalition”) was paid more than $7.5 million over three years.
41
 Governor DeSantis 
called for reviews of contracts across the executive branch
42
 after receiving evidence that the 
Coalition used funds from the DCF “to subsidize exorbitant executive leadership team 
compensation payout.”
43
  
 
                                                
35
 The Office of the Auditor General, Department of Children and Families Oversight and Administration of Community-
Based Care Lead Agencies and Behavioral Health Managing Entities and Selected Department Administrative Activities, 
Report No. 2019-111, p. 6 and 54-55, Jan. 2019, available at https://flauditor.gov/pages/pdf_files/2019-111.pdf (last visited 
Jan. 10, 2022) (hereinafter cited as “2019 Audit Report”). 
36
 Id. at p. 3. 
37
 2019 Audit Report, at p. 6 and 57. 
38
 Id. at p. 3. 
39
 Id. at p. 28. 
40
 Governor Ron DeSantis, State of Florida Office of the Governor Executive Order Number 20-44, Feb. 20, 2020, available 
at https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-44.pdf (last visited January 7, 2022). 
41
 See Dan Sweeney, Disgraced nonprofit CEO served a subpoena via Twitter by Florida House, Sun Sentinel, Mar. 05, 
2020, available at https://www.sun-sentinel.com/news/politics/fl-ne-tiffany-carr-subpoena-twitter-20200305-
vhqbdq5ucnc3tajblvkezerh64-story.html; Renzo Downey, Ron DeSantis calls for reviews of state’s private-public contracts, 
Florida Politics, Feb 20, 2020, available at https://floridapolitics.com/archives/320097-ron-desantis-calls-for-reviews-of-
states-private-public-contracts/; Mary Ellen Klas, Tampa Bay Times, Eckerd Connects in Clearwater Exceeded Florida Cap 
on Salaries, Says IG Report, Oct. 19, 2021, available at Eckerd Connects in Clearwater exceeded Florida cap on salaries, says 
IG report (tampabay.com) (hereinafter cited as “Salary Cap Article”) (all sites last visited January 3, 2022). 
42
 Renzo Downey, Florida Politics, Ron DeSantis Calls for Reviews of State’s Private-Public Contracts, Feb. 20, 2020, 
available at Ron DeSantis calls for reviews of state's private-public contracts (floridapolitics.com) (last visited Jan. 3, 2022). 
43
 EO 20-44.  BILL: SB 912   	Page 8 
 
EO 20-44 directed certain agencies that receive state and federal funding to review “total 
compensation” for executive leadership teams over the past year proceeding the order. Total 
compensation is defined in the order to include: 
 
…Salary, bonuses, cashed-in leave, cash equivalents, severance pay, 
retirement benefits, deferred compensation, real-property gifts, and any 
other payout. In addition, contracted entities must agree through 
appropriate contract or grant agreement amendment to inform the agency 
of any changes in total executive compensation between the annual 
reports. All compensation reports must indicate what percent of 
compensation comes directly from the State or Federal allocations-to the 
contracted entity.
44
 
 
If the executive leadership team compensation exceeded the limit provided for in state or federal 
law, the agency was required to refer the issue to the Office of the Chief Inspector General 
(OCIG) for investigation and appropriate action.  
 
During Fiscal Year 2020-21, in response to EO 20-44, the OCIG conducted a review and 
prepared a report regarding statutory compensation limits.
45
 It found that the nine lead agencies 
that appear to have compensations in excess of statutory limits are: 
 Big Bend Community Based Care, Inc. [d/b/a NWF Health Network (NWFHN)]; 
 ChildNet, Inc.; 
 Citrus Health Network, Inc.; 
 Community Based Care of Brevard, Inc.; 
 Eckerd Youth Alternatives (d/b/a Eckerd Connects); 
 Embrace Families Community Based Care, Inc.;  
 Family Support Services of North Florida, Inc. (“FSSNF”); 
 Lakeview Center, Inc.; and  
 Safe Children Coalition, Inc.
46
 
 
As part of the review, the DCF OIG disseminated a survey to the above nine entities requesting 
information related to “total compensation”, which was defined as: 
 
Direct and indirect salary (including base salary), bonuses, cashed-in 
leave, cash equivalents, severance pay, retirement benefits, deferred 
compensation, real-property gifts, any other payout such as additional 
leave, information technology equipment, leased vehicles or car 
allowances, access to private donations/foundations funding, access to 
expense accounts, taxable group-term life insurance coverage, 
                                                
44
 Id. at p. 3. 
45
 Office of the Chief Inspector General, Office of the Governor, Executive Order Number 20-44 Data Compilation and 
Statutory Compensation Limit Review, CIG Number: 2021-01-25-0017, June 30, 2021, available at Final-Report-with-
Responses-6.30.21-2.pdf (flgov.com) (last visited Jan. 10, 2022) (hereinafter cited as “2021 CIG Report”). 
46
 Id. at p. 13.  BILL: SB 912   	Page 9 
 
supplemental paid time off, and/or any other items that could be 
considered perquisites or accruals of deferred amounts.
47
 
 
The Office of Inspector General (OIG) Internal Audit Section identified two for which the 
Executive Leadership Team (ELT) member compensation appears to have exceeded state limits 
and the lead agencies did not provide adequate justification. None of the nine lead agencies 
exceeded federal compensation limits.  
 
The DCF OIG also noted the ELT members’ received supplemental paid time off that was 
awarded at the time of their annual performance reviews and subsequently cashed in which it 
suggests was, in effect, a bonus but not reported as such.
48
 Other ways that an ELT member 
could circumvent the salary cap include awarding deferred compensation and receiving an 
additional salary from a subsidiary of a state-funded agency, such as a managing entity.
49
 
 
Current law only imposes limits on base pay and bonuses, and does not define the term 
“incentives”.
50
 Current law also does not impose limits on compensation for ELT members that 
receive compensation from more than one state contract or other agencies.
51
 
 
As a result, the 2021 CIG Report makes several recommendations, including, but not limited to:  
 Develop a comprehensive definition of “compensation”
52
 to include salary and nonstandard 
compensation identified in the report; 
 Establish appropriate enforceable limits for administrative costs for providers doing business 
with the state; and 
 Identify and address issues arising from organization receiving funding used for executive 
compensation from multiple state contracts from one or more state agencies.
53
 
III. Effect of Proposed Changes: 
The bill amends s. 409.992(3)(b), F.S., to modify the limit of total compensation from state-
appropriated funds, including state-appropriated federal funds, received by a community-based 
care lead agency employee as a result of employment with one or more community-based care 
lead agencies, a community-based care lead agency and a managing entity, or a community-
based care lead agency and another state agency in excess of 150 percent of the annual salary 
paid to the secretary of the DCF. Current law remains unchanged as it relates to any party 
providing cash that is not from appropriated state funds to a lead agency employee. 
 
                                                
47
 Id. at p. 8. 
48
 Id. at p. 13. 
49
 2021 CIG Report at p. 14; Salary Cap Article at p. 3. 
50
 Section 409.992(3), F.S. 
51
 See 2021 CIG Report at p. 14, which notes that “We are not aware of a state law that places limits on executive 
compensation of other service providers, such as managing entities, that contract with DCF or other agencies (i.e., DJJ, 
DOEA, APD, etc.).” 
52
 Id. at p. 8. 
53
 2021 CIG Report at p. 14.  BILL: SB 912   	Page 10 
 
The bill defines the terms “community-based care lead agency employee”, “incentive payment”, 
and “total compensation”, as follows: 
 “Community-based care lead agency employee” means an executive staff member of a 
community-based care lead agency, including, but not limited to, the chief executive officer, 
chief financial officer, or chief operating officer. 
 “Incentive payment” means a financial or nonmonetary reward given to a person to recognize 
his or her performance results or to motivate him or her to exceed performance standards, 
rather than for time worked. 
 “Total compensation” includes direct and indirect salary, including base salary; bonuses; 
incentive payments; cashed-in leave; cash equivalents; severance pay; retirement benefits; 
deferred compensation; real property gifts; any other payout, such as additional leave, 
information technology equipment, leased vehicles, or car allowances; access to private 
donations or foundation funding or expense accounts; taxable group-term life insurance 
coverage; supplemental paid time off; or any other items that could be considered perquisites 
or accruals of deferred amounts. 
 
The bill requires the DCF to include a provision for the limitation on compensation in any new 
or amended contract with a community-based care lead agency. 
 
The bill also amends s. 409.996(4)(a)1., F.S., to require the DCF to collect and publish on its 
website, and annually update, for each employee of a lead agency who receives total 
compensation as defined under the bill, as opposed to simply compensation as provided under 
current law, from state-appropriated funds in excess of 150 percent of the annual salary paid to 
the secretary of the DCF. 
 
The bill is effective July 1, 2022. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
The bill does not appear to require cities and counties to expend funds or limit their 
authority to raise revenue or receive state-shared revenues as specified by Article VII, 
Section 18 of the Florida Constitution. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None.  BILL: SB 912   	Page 11 
 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
The bill does not appear to have a fiscal impact on state or local governments. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends sections 409.992 and 409.996 of the Florida Statutes.  
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.