HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 1 of 21
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 child welfare 2
agencies; amending s. 409.987, F.S.; revising 3
requirements for contracts the Department of Children 4
and Families has with community -based care lead 5
agencies; revising requirements for an entity to serve 6
as a lead agency; requiring that lead agencies ensure 7
that board members participate in certain annual 8
training; revising the definition of the term 9
"conflict of interest"; defining the term "related 10
party"; requiring the lead agency's board of directors 11
to disclose any known or potential conflicts of 12
interest; prohibiting a lead agency from entering into 13
a contract or being a party to a transaction that 14
creates a conflict of interest; requiring a lead 15
agency to competitively procure certain contracts; 16
imposing civil penalties on lead agencies for 17
undisclosed conflicts of interest; providing 18
applicability; requiring certain contracts to be 19
reprocured; authorizing the department to prohibit 20
execution of certain contracts; amending s. 409.988, 21
F.S.; revising commu nity-based care lead agency 22
duties; amending s. 409.991, F.S.; revising the 23
definition of the term "core services funds"; removing 24
definitions; requiring that the allocation of core 25
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 2 of 21
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
services funds be based on a three -tiered payment 26
model; providing specifi cations for the payment model; 27
requiring that reports be submitted annually to the 28
Governor and the Legislature by a specified date; 29
requiring that all funding for core services be based 30
on the department's methodology; amending s. 409.992, 31
F.S.; revising requirements for lead agency practices 32
in the procurement of commodities and contractual 33
services; requiring the department to impose certain 34
penalties for a lead agency's noncompliance with 35
applicable procurement law; requiring lead agencies to 36
comply with established purchasing practices for the 37
procurement of real property and professional 38
services; requiring the department to retain all 39
rights to and ownership of real property procured upon 40
termination of contracts; requiring certain funds to 41
be returned to the department; providing applicability 42
of certain limitations on the salaries of community -43
based care lead agency administrative employees; 44
amending s. 409.994, F.S.; revising the conditions 45
under which the department may petition a court for 46
the appointment of a receiver for a community -based 47
care lead agency; amending s. 409.996, F.S.; revising 48
requirements for contracts between the department and 49
lead agencies; revising the actions the department may 50
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 3 of 21
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
take under certain circumstances; making a techn ical 51
change; providing duties of the department; providing 52
an effective date. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Subsections (3) and (4) and paragraphs (a) and 57
(b) of subsection (7) of section 409.987, Florida Statutes, are 58
amended, and paragraph (g) is added to subsection (7) of that 59
section, to read: 60
409.987 Lead agency procurement; boards; conflicts of 61
interest.— 62
(3) Notwithstanding s. 287.057, the department shall use 63
5-year contracts with lead agencies. The 5-year contract must be 64
reprocured at the end of each 5 -year contract term. The contract 65
may be extended at the discretion of the department for up to 1 66
year, based on department needs. 67
(4) In order to serve as a lead agency, an entity must: 68
(a) Be organized as a Florida corporation or a 69
governmental entity. 70
(b) Be governed by a board of directors or a board 71
committee composed of board members. Board members shall provide 72
oversight and ensure accountability and transparency for the 73
system of care. The board of directors shall provide fiduciary 74
oversight to prevent conflicts of interest, promote 75
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 4 of 21
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
accountability and transparency, and protect state and federal 76
funding from misuse. The membership of the board of directors or 77
board committee must be des cribed in the bylaws or articles of 78
incorporation of each lead agency, which must provide that at 79
least 75 percent of the membership of the board of directors or 80
board committee must be composed consist of persons residing in 81
this state, and at least 51 pe rcent of the state residents on 82
the board of directors must reside within the service area of 83
the lead agency. The lead agency shall ensure that board members 84
participate in annual training related to their 85
responsibilities. However, for procurements of le ad agency 86
contracts initiated on or after July 1, 2014: 87
1. At least 75 percent of the membership of the board of 88
directors must be composed consist of persons residing in this 89
state, and at least 51 percent of the membership of the board of 90
directors must be composed consist of persons residing within 91
the service area of the lead agency. If a board committee 92
governs the lead agency, 100 percent of its membership must be 93
composed consist of persons residing within the service area of 94
the lead agency. 95
2. The powers of the board of directors or board committee 96
include, but are not limited to, approving the lead agency's 97
budget and setting the lead agency's operational policy and 98
procedures. A board of directors must additionally have the 99
power to hire the lead agency's executive director, unless a 100
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 5 of 21
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
board committee governs the lead agency, in which case the board 101
committee must have the power to confirm the selection of the 102
lead agency's executive director. 103
(c) Demonstrate financial responsibility through an 104
organized plan for regular fiscal audits and the posting of a 105
performance bond. 106
(7)(a) As used in this subsection, the term: 107
1. "Activity" includes, but is not limited to, a contract 108
for goods and services, a contract for the purchase of any real 109
or tangible property, or an agreement to engage with a lead 110
agency for the benefit of a third party in exchange for an 111
interest in real or tangible property, a monetary benefit, or an 112
in-kind contribution. 113
2. "Conflict of interest" means when a board member or an 114
officer, or a relative of a board member , director, or an 115
officer, or a relative of a board member, director, or officer, 116
of a lead agency does any of the following: 117
a. Enters into a contract or other transaction for goods 118
or services with the lead agency. 119
b. Holds a direct or indirect interest in a corporation, 120
limited liability corporation, partnership, limited liability 121
partnership, or other business entity that conducts business 122
with the lead agency or proposes to enter into a contract or 123
other transaction with the lead agency. For purposes of this 124
paragraph, the term "indirect interest" has the same meaning as 125
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 6 of 21
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
in s. 112.312. 126
c. Knowingly obtains a direct or indirect personal, 127
financial, professional, or other benefit as a result of the 128
relationship of such board member , director, or officer, or 129
relative of the board member , director, or officer, with the 130
lead agency. For purposes of this paragraph, the term "benefit" 131
does not include per diem and travel expenses paid or reimbursed 132
to board members or officers of the lead agency in connection 133
with their service on the board. 134
3. "Related party" means any entity of which a director or 135
an executive of the entity is also directly or indirectly 136
related to, or has a direct or indirect financial or other 137
material interest in, the lead agency. The term also includes 138
any subsidiary, parent entity, associate firm, or joint venture, 139
or any entity that is controlled, influenced, or managed by 140
another entity or an individual related to such entity, 141
including an individual who is, or was within the immediately 142
preceding 3 years, an executive officer or a board member of the 143
entity. 144
4.3. "Relative" means a relative within the third degree 145
of consanguinity by blood or marriage. 146
(b)1. For any activity that is presented to the board of a 147
lead agency for its initial consideration and approval after 148
July 1, 2021, or any activity that involves a contract that is 149
being considered for renewal on or after July 1, 2021, but 150
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 7 of 21
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
before January 1, 2022 , a board member, a director, or an 151
officer of a lead agency shall disclose to the board any 152
activity that may reasonably be construed to be a conflict of 153
interest before such activity is initially considered and 154
approved or a contract is renewed by the board. A rebuttable 155
presumption of a conflict of interest exists if the activity was 156
acted on by the board without prior notice as required under 157
paragraph (c). The board shall disclose any known actual or 158
potential conflicts to the department. 159
2. A lead agency may not enter into a contract or be a 160
party to any transaction that creates a conflict of interest, 161
including with related parties for the provision of management 162
or administrative services or oversight. The lead agency shall 163
competitively procure all contracts with rel ated parties in 164
excess of $35,000 For contracts with a lead agency which are in 165
existence on July 1, 2021, and are not subject to renewal before 166
January 1, 2022, a board member or an officer of the lead agency 167
shall disclose to the board any activity that may reasonably be 168
construed to be a conflict of interest under this section by 169
December 31, 2021. 170
(g)1. Civil penalties in the amount of $5,000 per 171
occurrence shall be imposed for each known and potential 172
conflict of interest, as described in paragraph ( b), which is 173
not disclosed to the department. 174
2. If a contract is procured for which a conflict of 175
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 8 of 21
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
interest was not disclosed to the department before execution of 176
the contract, the following penalties apply: 177
a. A civil penalty in the amount of $50,000 for a first 178
offense. 179
b. A civil penalty in the amount of $100,000 for a second 180
or subsequent offense. 181
3. The civil penalties for failure to disclose a conflict 182
of interest under subparagraphs 1. and 2. apply to any contract 183
entered into, regardless of the method of procurement, 184
including, but not limited to, formal procurement, single -source 185
contracts, and contracts that do not meet the minimum threshold 186
for formal procurement. 187
4. A contract procured for which a conflict of interest 188
was not disclosed to the department before execution of the 189
contract shall be reprocured. 190
5. The department may, at its sole discretion, prohibit 191
execution of a contract for which a conflict of interest exists, 192
or will exist after execution. 193
Section 2. Paragraphs (c) , (i), (j), and (k) of subsection 194
(1) of section 409.988, Florida Statutes, are amended to read: 195
409.988 Community-based care lead agency duties; general 196
provisions.— 197
(1) DUTIES.—A lead agency: 198
(c) Shall follow the financial guidelines developed by t he 199
department and shall comply with regular, independent auditing 200
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 9 of 21
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
of its financial activities, including any requests for records 201
associated with such financial audits within the timeframe 202
established by the department or its contracted vendors provide 203
for a regular independent auditing of its financial activities . 204
The results of the financial audit must Such financial 205
information shall be provided to the community alliance 206
established under s. 20.19(5). 207
(i) Shall comply with federal and state statutory 208
requirements and agency rules in the provision of contractual 209
services. Any subcontract in excess of $250,000 must comply with 210
the competitive procurement process. 211
(j) May subcontract for the provision of services , 212
excluding administrative and management functions, required by 213
the contract with the lead agency and the department; however, 214
the subcontracts must specify how the provider will contribute 215
to the lead agency meeting the performance standards established 216
pursuant to the child welfare results -oriented accountability 217
system required by s. 409.997. The lead agency shall directly 218
provide no more than 35 percent of all child welfare services 219
provided unless it can demonstrate a need , within the lead 220
agency's geographic service area where there is a lack of viable 221
providers available to perform the necessary services. The 222
approval period to exceed the threshold shall be limited to 2 223
years. The lead agency shall reprocure for these services before 224
the end of the 2-year period, to exceed this threshold . The 225
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 10 of 21
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
local community alliance in the geographic service area in which 226
the lead agency is seeking to exceed the threshold shall review 227
the lead agency's justification for need and recommend to the 228
department whether the department should approve or deny the 229
lead agency's request for an exemption from the services 230
threshold. If there is not a community alliance operating in the 231
geographic service area in which the lead agency is seeking to 232
exceed the threshold, such review and recommendation shall be 233
made to the department. by representatives of local 234
stakeholders, including at least one representative from each of 235
the following: 236
1. The department. 237
2. The county government. 238
3. The school district. 239
4. The county United Way. 240
5. The county sheriff's off ice. 241
6. The circuit court corresponding to the county. 242
7. The county children's board, if one exists . 243
(k) Shall publish on its website by the 15th day of each 244
month at a minimum the data specified in subparagraphs 1.-9. 1.-245
5., calculated using a stan dard methodology determined by the 246
department, for the preceding calendar month regarding its case 247
management services. The following information must shall be 248
reported by each individual subcontracted case management 249
provider, by the lead agency, if the l ead agency provides case 250
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 11 of 21
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
management services, and in total for all case management 251
services subcontracted or directly provided by the lead agency: 252
1. The average caseload of case managers, including only 253
filled positions; 254
2. The total number and percentage of case managers who 255
have 25 or more cases on their caseloads; 256
3. The turnover rate for case managers and case management 257
supervisors for the previous 12 months; 258
4. The percentage of required home visits completed; and 259
5. Performance on ou tcome measures required pursuant to s. 260
409.997 for the previous 12 months ;. 261
6. The number of unlicensed placements for the previous 262
month; 263
7. The percentages and trends for foster parent and group 264
home recruitment and licensure for the previous month; 265
8. The percentage of families being served through family 266
support, in-home, and out-of-home services for the previous 267
month; and 268
9. The percentage of cases that converted from nonjudicial 269
to judicial for the previous month. 270
Section 3. Section 409.9 91, Florida Statutes, is amended 271
to read: 272
409.991 Allocation of funds for community -based care lead 273
agencies.— 274
(1) As used in this section, the term : 275
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 12 of 21
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) "core services funds" means all funds allocated to 276
community-based care lead agencies operating under contract with 277
the department pursuant to s. 409.987 . The term does not include 278
any of, with the following exceptions: 279
(a)1. Funds appropriated for independent living services.; 280
(b)2. Funds appropriated for maintenance adoption 281
subsidies.; 282
(c)3. Funds allocated by the department for child 283
protective investigation service investigations training.; 284
(d)4. Nonrecurring funds.; 285
(e)5. Designated mental health wrap -around service 286
services funds.; 287
(f)6. Funds for special projects for a designated 288
community-based care lead agency.; and 289
(g)7. Funds appropriated for the Guardianship Assistance 290
Program established under s. 39.6225. 291
(b) "Equity allocation model" means an allocation model 292
that uses the following factors: 293
1. Proportion of the child population; 294
2. Proportion of child abuse hotline workload; and 295
3. Proportion of children in care. 296
(c) "Proportion of child population" means the proportion 297
of children up to 18 years of age during the previous calendar 298
year in the geographic area ser ved by the community -based care 299
lead agency. 300
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 13 of 21
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
(d) "Proportion of child abuse hotline workload" means the 301
weighted average of the following subcomponents: 302
1. The average number of initial and additional child 303
abuse reports received during the month for t he most recent 12 304
months based on child protective investigations trend reports as 305
determined by the department. This subcomponent shall be 306
weighted as 20 percent of the factor. 307
2. The average count of children in investigations in the 308
most recent 12 months based on child protective investigations 309
trend reports as determined by the department. This subcomponent 310
shall be weighted as 40 percent of the factor. 311
3. The average count of children in investigations with a 312
most serious finding of verified abuse in the most recent 12 313
months based on child protective investigations trend reports as 314
determined by the department. This subcomponent shall be 315
weighted as 40 percent of the factor. 316
(e) "Proportion of children in care" means the proportion 317
of the number of children in care receiving in -home services 318
over the most recent 12 -month period, the number of children 319
whose families are receiving family support services over the 320
most recent 12-month period, and the number of children who have 321
entered into out-of-home care with a case management overlay 322
during the most recent 24 -month period. This subcomponent shall 323
be weighted as follows: 324
1. Fifteen percent shall be based on children whose 325
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 14 of 21
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
families are receiving family support services. 326
2. Fifty-five percent shall be based on children in out -327
of-home care. 328
3. Thirty percent shall be based on children in in -home 329
care. 330
(2) Effective July 1, 2025, allocation of core services 331
funds must be based on an actuarially sound, tiered payment 332
model. The tiered model's purpose is to achieve the overarching 333
goals of a stable payment model that adjusts to workload and 334
incentivizes prevention, family preservation, and permanency. 335
(a) Tier 1 provides operational base and fixed costs, 336
which do not vary based on the number o f children and families 337
served. Tier 1 payments may vary by geographic catchment area 338
and cost of living differences. The department shall establish 339
and annually update Tier 1 payment rates to maintain cost 340
expectations that are aligned with the population served, 341
services provided, and environment. Tier 1 expenses may include: 342
1. Administrative expenditures. 343
2. Lease payment. 344
3. Asset depreciation. 345
4. Utilities. 346
5. Select components of case management, including 347
administrative elements. 348
6. Mandated activities such as training, quality, and 349
contract management. 350
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 15 of 21
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
7. Activities performed for children and families which 351
are nonjudicial and not candidates for Title IV -E funding, 352
including true prevention and community -focused activities. 353
(b) Tier 2 is a per-child, per-month payment designed to 354
provide funding for lead agencies' expenses that vary based on 355
the number of children served for a particular month. The 356
payment rate blends out -of-home rates and in-home rates specific 357
to each lead agency to create a rate that provides a financial 358
incentive to lead agencies to provide services in the least 359
restrictive safe placement. The department shall establish and 360
annually update Tier 2 payment rates to maintain cost 361
expectations that are aligned with the population served, 362
services provided, and environment. Tier 2 rates must be set 363
annually. 364
(c) Tier 3 provides financial incentives that the 365
department shall establish to reward lead agencies that achieve 366
performance measures aligned with the department' s goals of 367
prevention, family preservation, and permanency. 368
(2) The equity allocation of core services funds shall be 369
calculated based on the following weights: 370
(a) Proportion of the child population shall be weighted 371
as 5 percent of the total. 372
(b) Proportion of child abuse hotline workload shall be 373
weighted as 35 percent of the total. 374
(c) Proportion of children in care shall be weighted as 60 375
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 16 of 21
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
percent of the total. 376
(3) By December 1 of each year, beginning in 2024, the 377
department shall submit a re port to the Governor, the President 378
of the Senate, and the Speaker of the House of Representatives 379
which includes each lead agency's actual performance in 380
attaining the previous fiscal year's targets, recommendations 381
for adjustments to lead agency funding, and adjustments to the 382
tiered payment model, if necessary Beginning in the 2015 -2016 383
state fiscal year, 100 percent of the recurring core services 384
funding for each community -based care lead agency shall be based 385
on the prior year recurring base of core se rvices funds. 386
(4) Effective July 1, 2025, unless otherwise specified in 387
the General Appropriations Act, the department shall allocate 388
all funding for core services, based on the department's 389
methodology any new core services funds shall be allocated base d 390
on the equity allocation model as follows: 391
(a) Seventy percent of new funding shall be allocated 392
among all community-based care lead agencies. 393
(b) Thirty percent of new funding shall be allocated among 394
community-based care lead agencies that are fund ed below their 395
equitable share. Funds allocated pursuant to this paragraph 396
shall be weighted based on each community -based care lead 397
agency's relative proportion of the total amount of funding 398
below the equitable share . 399
Section 4. Subsections (1) and (3) of section 409.992, 400
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 17 of 21
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
Florida Statutes, are amended to read: 401
409.992 Lead agency expenditures. — 402
(1) The procurement of commodities or contractual services 403
by lead agencies is shall be governed by the financial 404
guidelines developed by the department and must comply with 405
applicable state and federal law and follow good business 406
practices. Pursuant to s. 11.45, the Auditor General may provide 407
technical advice in the development of the financial guidelines. 408
(a) Lead agencies shall competitively procure all 409
contracts, consistent with the simplified acquisition threshold 410
as specified in 2 C.F.R. part 200. Financial penalties or 411
sanctions, as established by the department and incorporated 412
into the contract, shall be imposed b y the department for 413
noncompliance with applicable local, state, or federal law for 414
the procurement of commodities or contractual services. 415
(b) Notwithstanding s. 402.73, for procurement of real 416
property or professional services, lead agencies shall comp ly 417
with established purchasing practices, including the provisions 418
of s. 287.055, as required, for professional services, including 419
engineering or construction design. Upon termination of the 420
contract, the department shall immediately retain all rights to 421
and ownership of real property procured. Any funds from the 422
sale, transfer, or other dispossession of such property during 423
the contract term shall be returned to the department. 424
(3) Notwithstanding any other provision of law, a 425
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 18 of 21
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
community-based care lead agency administrative employee may not 426
receive a salary, whether base pay or base pay combined with any 427
bonus or incentive payments from the lead agency or any related 428
party, in excess of 150 percent of the annual salary paid to the 429
secretary of the Depart ment of Children and Families from state -430
appropriated funds, including state -appropriated federal funds. 431
This limitation applies regardless of the number of contracts a 432
community-based care lead agency may execute with the 433
department. This subsection does not prohibit any party from 434
providing cash that is not from appropriated state funds to a 435
community-based care lead agency administrative employee. 436
Section 5. Paragraphs (c) and (d) of subsection (1) of 437
section 409.994, Florida Statutes, are amended to read: 438
409.994 Community-based care lead agencies; receivership. — 439
(1) The Department of Children and Families may petition a 440
court of competent jurisdiction for the appointment of a 441
receiver for a community -based care lead agency established 442
pursuant to s. 409.987 if any of the following conditions exist: 443
(c) The department determines that conditions exist in the 444
lead agency which present a an imminent danger to the health, 445
safety, or welfare of the dependent children under that agency's 446
care or supervision. Whenever possible, the department shall 447
make a reasonable effort to facilitate the continued operation 448
of the program. 449
(d) The lead agency cannot meet , or is unlikely to meet, 450
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 19 of 21
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
its current financial obligations to its employees, contractors, 451
or foster parents. Issuance of bad checks or the existence of 452
delinquent obligations for payment of salaries, utilities, or 453
invoices for essential services or commodities constitutes shall 454
constitute prima facie evidence that the lead agency lacks the 455
financial ability to meet its financial obligations. 456
Section 6. Paragraph (d) of subsection (1) of section 457
409.996, Florida Statutes, is amended to read: 458
409.996 Duties of the Department of Children and 459
Families.—The department shall contract for the deliver y, 460
administration, or management of care for children in the child 461
protection and child welfare system. In doing so, the department 462
retains responsibility for the quality of contracted services 463
and programs and shall ensure that, at a minimum, services are 464
delivered in accordance with applicable federal and state 465
statutes and regulations and the performance standards and 466
metrics specified in the strategic plan created under s. 467
20.19(1). 468
(1) The department shall enter into contracts with lead 469
agencies for the performance of the duties by the lead agencies 470
established in s. 409.988. At a minimum, the contracts must do 471
all of the following: 472
(d) Provide for contractual actions tiered interventions 473
and graduated penalties for failure to comply with contract 474
terms or in the event of performance deficiencies , as determined 475
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 20 of 21
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
appropriate by the department . 476
1. Such contractual actions must interventions and 477
penalties shall include, but are not limited to: 478
1. Enhanced monitoring and reporting. 479
a.2. Corrective action plans. 480
b.3. Requirements to accept technical assistance and 481
consultation from the department under subsection (6). 482
c.4. Financial penalties, which shall require a lead 483
agency to direct reallocate funds from administrative costs to 484
the department. The department shall use the funds collected to 485
support service delivery of quality improvement activities for 486
children in the lead agency's care to direct care for children . 487
These penalties may be imposed for failure to provide timely, 488
sufficient resolution of deficiencies resulting in a corrective 489
action plan or other performance improvement plan issued by the 490
department. Financial penalties may include liquidated damages. 491
d.5. Early termination of contracts, as provided in s. 492
402.7305(3)(f) s. 402.1705(3)(f). 493
2. The department shall include in each lead agency 494
contract executed a provision that requires payment to the 495
department of sanctions or disincentives for failure to comply 496
with contractual obligations. The department shall establish a 497
schedule of daily monetary sanctions or disincentives for lead 498
agencies, which schedule shall be incorporated by reference into 499
the contract. The department is solely responsible for 500
HB 1061 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 21 of 21
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
determining the monetary value of liquidated damages. 501
Section 7. This act sha ll take effect July 1, 2024. 502